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Agenda

Monday, 9 December 2019 7.00pm

Ordinary Meeting of Council

Olympia, Hawdon & Ibbott Rooms

Level 4, 1 Flintoff Street, Greensborough

Ordinary Meeting of Council - 9 December 2019

Acknowledgement of the Traditional Custodians “Our meeting is being held on the Traditional Land of the Wurundjeri Woi-wurrung people and, on behalf of Banyule City Council, I wish to acknowledge them as the Traditional Custodians. I would also like to pay my respects to the Wurundjeri Woi-wurrung Elders, past, present and emerging, and to acknowledge other Aboriginal and Torres Strait Elders joining us today.”

Apologies and Leave of Absence

Confirmation of Minutes Ordinary Meeting of Council held 18 November 2019

Disclosure of Interests

1. Urgent Business

REPORTS:

2. Petitions

Nil

3. People – Community Strengthening and Support

3.1 The Banyule Graffiti Strategy 2020-24 .......................................... 5 3.2 Banyule Public Art Policy 2020-2024 ............................................ 9 3.3 Inclusion, Access and Equity Mid Term Achievements Report

2017-2019 .................................................................................. 14 3.4 HiCity (Bedford Group) Transition Plan Update........................... 18

4. Planet – Environmental Sustainability

4.1 Banyule Environment Advisory Committee - New membership endorsement ............................................................................... 23

4.2 2018/19 State of the Environment Report ................................... 27 4.3 Council's Corporate Emissions Reduction Plan, 2020 - 2023 ...... 31

5. Place – Sustainable Amenity and Built Environment

5.1 69-71 Banyule Road, Rosanna - Development of 27 Dwellings, Vegetation Removal and partial removal of an easement (P858/2019) ................................................................................ 37

5.2 32 Yando Street, Greensborough - Shared pathway and removal of vegetation within Kalparrin Gardens (P786/2019) ................... 62

5.3 294 Bell Street, Heidelberg West - Planning Permit Application for a Mixed Use Multi Level Development (P312/2010 Section 72 Amendment) ............................................................................... 74

5.4 New Telstra Payphones and Electronic Signage - Various Locations .................................................................................... 84

5.5 Banyule Road and Beverley Road, Rosanna - Intersection Safety Concerns .................................................................................. 102

5.6 Council Report Bellfield Planning Scheme Amendment C153 and Community Consultation Report ............................................... 109

5.7 Hurstbridge Railway Line Upgrade Stage 2 - Urban Design Principles and Project Update ................................................... 117

6. Participation – Community Involvement in Community Life


Nil

7. Performance - Use Our Resources Wisely

7.1 Land Transactions Framework .................................................. 125 7.2 Public Consultation - Banyule City Council's Rating Strategy 2020-

2021 ......................................................................................... 129 7.3 Public Consultation - Banyule City Council's Draft Schedule of

Fees and Charges 2020/2021 ................................................... 133 7.4 New Public Interest Disclosures ................................................ 136 7.5 Award of contract for '1014-2020 Design & Construct for

Glenauburn Modular Pavilion' ................................................... 140 7.6 Award of Contract '1011 -2020 Contractors for Irrigation Renewal

Program' ................................................................................... 144 7.7 Award of Contract '0989-2019 Provision of Stormwater Harvesting

Maintenance Services' .............................................................. 148 7.8 Award of Contract for '1013-2020 Construction of Outdoor Courts

and Design & Construction of Roof Structure - Nets Stadium Banyule' .................................................................................... 153

7.9 Assembly of Councillors ............................................................ 158

8. Sealing of Documents

Nil

9. Notices of Motion

9.1 Banyule Scouting Grants .......................................................... 163 9.2 Greening Banyule and Urban Heat ........................................... 165

10. General Business

Public Question Time

Closure of Meeting

Audio Recording of Council MeetingsPlease note that all Council Meetings are audio recorded, with the exception of

matters identified as confidential items on the Agenda. This includes public participation during the meeting. These recordings will be made available on

Council’s website www.banyule.vic.gov.au.

The next Ordinary Meeting of Council will be held on Monday, 3 Febrary 2020.

An Urgent Special Meeting of Council will be held on Monday, 16 December 2019 at 6.00pm.

http://www.banyule.vic.gov.au/

People – Community Strengthening and Support


3.1 THE BANYULE GRAFFITI STRATEGY 2020-24

Author: Frances Gianinotti - Community Partnerships Coordinator, Community Programs

EXECUTIVE SUMMARY

In 2018 Council’s 4 year (2015 – 2018) Graffiti Management Strategy expired. Since September 2018 staff have undertaken the development of the new Banyule Graffiti Strategy 2020-2024. This included:

Internal and external consultations with key stakeholders; Shaping Banyule Survey open between February and April 2019; Benchmarking of Nillumbik, Darebin, Melbourne, Yarra, Boroondara, Hume

and Yarra Ranges Local Government Areas. A Graffiti Summit held on 25 June 2019; A four week period for public exhibition of the draft in September and

October 2019 during which five written submissions were received.

The Banyule Graffiti Strategy 2020-2024 is a balanced strategy that leverages best practice and reshapes the graffiti narrative through targeted, evidence-based initiatives.

Further, it outlines Council’s commitment to managing graffiti on Council property and working collaboratively with other agencies and residents to support effective management of graffiti on assets in Banyule. It promotes a dynamic and flexible approach to new ways of managing graffiti over time.

The Strategy includes working alongside key stakeholders over the next four years to create opportunities to better understand graffiti in the municipality, make the best use of Council and community resources and explore the potential of the ‘creative economy’.

An Action Plan for Year 1 has been developed to operationalise the Strategy and will be reviewed at the end of each year to progress the plan.

RECOMMENDATION

That Council adopt the Banyule Graffiti Strategy 2020-2024 and associated Year 1 Action Plan.

COUNCIL PLAN

This report is in line with Banyule’s Council Plan key direction to “Develop and promote safety and resilience in our community”.

BACKGROUND

Council recognises that graffiti management is integral to people’s perceptions of safety and the aesthetics in the City of Banyule.


THE BANYULE GRAFFITI STRATEGY 2020-24 cont’d


In 2018 the Banyule Graffiti Management Strategy (2015-2018) expired. Since September 2018 Council officers have undertaken the development of the new Banyule Graffiti Strategy 2020-2024. This included:

Internal and external consultations with key stakeholders; Shaping Banyule Survey open between February and April 2019; Benchmarking of Nillumbik, Darebin, Melbourne, Yarra, Boroondara, Hume

and Yarra Ranges Local Government Areas. A Graffiti Summit held on 25 June 2019; A public exhibition of the draft strategy for four weeks from September to

October 2019.

Currently, Council is involved in a range of measures to address graffiti across the municipality. Graffiti is an ongoing problem and the reasons people tag are extremely complex and varied. Banyule does not attract the “renowned” graffiti artists but is a target for local taggers and “All City” taggers (who aim to have their tag everywhere). It is not possible to eliminate graffiti altogether. However, there are different approaches that can be taken to aid eradication and prevention.

LEGAL CONSIDERATION

There are no direct legal implications arising from the recommendation contained in this report.

HUMAN RIGHTS CHARTER

In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Victorian Charter of Human Rights and Responsibilities.

It is considered that the subject matter does not raise any human rights issues.

CURRENT SITUATION

The Banyule Graffiti Strategy 2020-2024 outlines Council’s commitment to managing graffiti on Council property and working collaboratively with other agencies and residents to support effective management of graffiti on assets in Banyule. It promotes a dynamic and flexible approach to new ways of managing graffiti over time. Council will actively work alongside key stakeholders over the duration of the strategy to create opportunities to better understand graffiti in our municipality, make the best use of Council and community resources and explore the potential of the ‘creative economy’.

Strategic Framework

The new strategy makes four commitments:

Commitment 1: Understand the problem

Council will better understand the extent to which graffiti is a problem across the

municipality and the factors that contribute to the issue.

Commitment 2: Ensure collaborative responses

Council will actively engage with stakeholders to develop collaborative and co-

ordinated responses to graffiti management.




Commitment 3: Reduce the environmental impact

Council will take steps to minimise the impact of graffiti on the natural

environment.

Commitment 4: Advocate for continuous improvement

Council will advocate to strengthen Federal, State and Local Government graffiti

policies and initiatives.

An annual action plan has been developed that outlines key activities and proposed outcomes of aspirational goals in collaboration with the internal and external stakeholders. To do this successfully over the next four years, the Banyule Graffiti Management Steering Group will be established to oversee the implementation of the strategy and action plan. The group will initially be focused on Council membership with the expectation that a broader Council and community membership will develop over time.

Three key actions will drive the annual action plan:

1. Building a graffiti resilient community Council will strengthen its community development approach to prevent illegal

graffiti through better education, diversionary support and cultural and economic

opportunities

2. Supporting a rapid response to illegal graffiti

Council will support rapid removal of illegal graffiti across the municipality and will

assist community stakeholders to contribute to achieving this goal.

3. Strengthening our collaborative response

Council will collaborate with relevant authorities and community stakeholders to

reduce the impact of illegal graffiti and maximise the benefits of partnership

initiatives.

CONSULTATION

The development of the Banyule Graffiti Strategy 2020-2024 included various opportunities for consultation with both internal Council business units, the wider community, community organisations and the local government sector.

A graffiti summit was held in June 2019 to explore and test key focus areas of the Strategy.

The draft Banyule Graffiti Strategy 2020-2024 was available for final public consideration and consultation for a four week period across September and October 2019. During this time five (5) written submissions were received. Four (4) of the five (5) submissions supported Council’s direction in the Strategy. The remaining one sought stronger punitive action for offenders and eradication of all graffiti.

After due consideration, no further changes have been made to the Strategy.

OFFICER DECLARATION OF CONFLICT OF INTEREST

Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates.




Council officers involved in the preparation of this report have no conflict of interest in this matter.

CONCLUSION

The Banyule Graffiti Strategy 2020-2024 is a balanced strategy that leverages best practice and reshapes the graffiti narrative through targeted, evidence-based initiatives. It provides clarity and direction for the next 4 years with features and activities based on commitments, and key actions.

A first year action plan has been finalized that operationalizes the Banyule Graffiti Strategy 2020-2024 for Year 1.

ATTACHMENTS

No. Title Page

1 Banyule Graffiti Strategy 2020 - 2024

2 Banyule Graffiti Strategy 2020–2024: Year 1 Action Plan



3.2 BANYULE PUBLIC ART POLICY 2020-2024

Author: Hannes Berger - Arts Officer, Community Programs

EXECUTIVE SUMMARY

The development of a new Public Arts Policy is a key action in the Arts and Culture Strategic Plan 2017-2021.

The Banyule Public Art Policy 2020 - 2024 establishes the guiding principles and key focus areas for Council to enable good decision making around public art initiatives in Banyule over the next five years.

The policy has been developed over a nine month period through extensive consultation with the community and key stakeholders.

The policy sets out several key focus areas for Council in: Advocacy & Engagement Council Managed Programs

An Action Plan accompanies the policy that sets out the strategic activities to achieve the aims of the policy.

Following Council’s resolution on 7 October 2019 the Policy was released for community consultation between 9 October 2019 and 10 November 2019.

One (1) submission was received during this time, in favour of the policy. This minimal response is in contrast to the 69 contributions received on Shaping Banyule during earlier consultation to help inform the key directions of the policy and affirm the community’s belief in the importance of public art.

The Banyule Public Art Policy 2020 – 2024, and associated Action Plan, is now presented for adoption.

RECOMMENDATION

That Council adopt the Banyule Public Art Policy 2020 – 2024 and associated Year 1 Action Plan.

COUNCIL PLAN

This report is in line with Banyule’s Council Plan key direction to “Enhance quality of life and connection through arts and culture”.

BACKGROUND

Banyule Council’s vision is to build a green, liveable and prosperous city, sustaining a healthy and engaged community. One of the ways to achieve this is through shaping vibrant and creative public spaces. Public art is a significant way for people to engage in meaningful and culturally vital lives, and create a connected, inclusive and involved Banyule community.


BANYULE PUBLIC ART POLICY 2020-2024 cont’d


The development of a new Public Arts Policy is a key action in the Arts and Culture Strategic Plan 2017-2021. It will supersede the previous Banyule Public Art Strategy 2010 – 2015.

LEGAL CONSIDERATION




It is considered that the programs and services identified in the action plan of the Banyule Public Art Policy may enhance the following human rights:

Right to freedom of thought, conscience, religion and belief Right to freedom of expression Right to protection of cultural rights

CURRENT SITUATION

The Banyule Public Art Policy 2020 - 2024 will establish the guiding principles and key focus areas for the organisation to enable good decision making around public art initiatives in Banyule over the next five years.

It identifies the opportunities and strategies that place consideration of public art, and the ensuing benefits, more centrally into Council thinking and planning.

The policy addresses Council’s role in public art in three key areas:

• Council-led acquisitions and programs

• Community initiated projects

• Private development and infrastructure projects

An Action Plan accompanies the policy that sets out the strategic activities to achieve the aims of the policy. This action plan will be reviewed annually as part of regular business planning. It will also ink to the Arts and Culture Strategic Plan.

Key Focus Areas of the Policy

The policy provides key focus areas which will set direction for the next four years and enable Council to realise and develop opportunities for public art. These are:

1. Advocacy and Engagement

Outlines Council’s approach to working with interested parties to enable a strong culture of public art with Banyule and support successful outcomes.

Community

Private Development

North East Link




2. Council Managed Program

Outlines the ways in which Council will manage delivery of its own public art program, initiatives and investments.

Commissioned Public Art

Integrated Public Art

Temporary Public Art

Donations

Key Policy Actions

Review Council’s budgetary commitment to commissioning and maintaining public art in Banyule.

Develop a Public Art Factsheet, for use by community groups, private developers and internal Council departments, providing information about what to consider, and how to approach and manage successful public art projects in Banyule.

Explore the potential for establishing specific guidelines for private developers in relation to public art – which may form part of planning permit process, and may include public art as an eligible community benefit as part of Council’s Developer Contribution Plan.

Establish an internal process to maximize opportunities for integrating public art and/or creative elements into the design and implementation of major civic projects such as Olympic Park, Ford Park, and Bellfield Community Centre Masterplan developments.

Actively engage with NELP to ensure good decision making processes – aligned to the principles of this policy – when it comes to public art outcomes and the urban design of this infrastructure project.

Catalogue and map all existing works of public art in Banyule and establish avenues to promote and celebrate this.

Definition of Public Art

For the purpose of this policy, public art is any artwork, in any medium, that is located in the public realm – in public spaces and buildings, indoor and outdoor, temporary and long-term. Including, but not limited to:

Sculptures

Installations

Sound or music based art

Exhibitions in public spaces

Performative art

Integrated and functional art – elements within the built form or incorporated into urban design, e.g. streetscapes, playgrounds




Street art – murals, aerosol art, stenciling

FUNDING IMPLICATIONS

The policy and the associated actions plan will be mostly funded through existing budgets and resources.

The policy does recommend a review of Council’s budget commitment to commissioning and maintaining public art in Banyule, in order to reflect and enable the growth of this program. In addition any initiative or actions requiring additional spend will be submitted to be considered as part of Councils annual budget process.

CONSULTATION

The policy has been developed over a nine month period through extensive consultation with the community and key stakeholders. This consultation includes:

Workshops with internal departments – Leisure & Culture, Youth Services, Environment & Place, Open Space Planning, Planning & Building, Community & Social Planning

Community Public Forum – 20 attendees (including artists, trader associations, neighbourhood houses)

Workshops with Banyule Arts and Culture Advisory Committee (BACAC) and associated Working Group

Shaping Banyule consultation on key directions -receiving 69 contributions

This consultation help inform the key directions of the policy and affirm that the community see value and importance in Public Art.

Following Councils resolution on 7 October 2019 the policy was released for community consultation between 9 October and 10 November 2019. One (1) submission was received during this time, in favour of the policy.

TIMELINES

The focus areas and actions of the Banyule Public Art Policy 2020 – 2024 will inform and guide decision making relating to public art in Banyule for the next five years.




CONCLUSION

The Banyule Public Art Policy 2020 – 2024 articulates Banyule Council’s commitment over the next five years to supporting, encouraging and investing in public art. Informed by community opinion, the policy adopts a Council-wide approach,




expresses Council’s belief in the benefits of art in the public realm and provides guiding principles to support those undertaking to produce, create or stimulate public art in Banyule.

ATTACHMENTS

No. Title Page

1 Banyule Public Art Policy 2020-2024

2 Bnayule Public Art Policy 2020-2024 - Action Plan



3.3 INCLUSION, ACCESS AND EQUITY MID TERM ACHIEVEMENTS REPORT 2017-2019

Author: Gemma Boucher - Community & Social Planner, Community Programs

EXECUTIVE SUMMARY

The Inclusion, Access and Equity Framework expresses Council’s commitment to its diverse communities, and guides the way that Council will work to promote and foster inclusion, access and equity.

The framework is supported by four specific plans: • Multicultural Plan 2017-2021 • Disability Action Plan 2017-2021 • Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTIQ+) Plan 2017-2021 • Aboriginal and Torres Strait Islander Plan 2017-2021

The Inclusion, Access and Equity Mid-Term Achievements Report July 2017 – June 2019 (Attachment 1) captures the highlights from the first two years of Council’s work on the current framework.

RECOMMENDATION

That Council:

1. Notes the Inclusion, Access and Equity Mid-Term Achievements Report 2017/2019.

2. Continues implementing the actions of the Multicultural Plan 2017-2021, Disability Action Plan 2017-2021, Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTIQ+) Plan 2017-2021 and Aboriginal and Torres Strait Islander Plan 2017-2021 and works alongside the community on projects and activities that assist diverse communities.

COUNCIL PLAN

This report is in line with Banyule’s Council Plan key direction to “Support a connected, inclusive and involved community”.

BACKGROUND

The Inclusion, Access and Equity Framework (IAEF) expresses Banyule City Council’s commitment to its diverse communities, and guides the way that Council will work to promote and foster inclusion, access and equity. It allows Council to work in a coordinated and consistent way.

The framework is supported by four specific plans: • Multicultural Plan 2017-2021 • Disability Action Plan 2017-2021 • Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTIQ+) Plan 2017-2021


INCLUSION, ACCESS AND EQUITY MID TERM ACHIEVEMENTS REPORT 2017-2019 cont’d


• Aboriginal and Torres Strait Islander Plan 2017-2021

The five goals and intended outcomes of the current IAEF and related plans are to:

1. Ensure Council facilities, activities and services are accessible, inclusive and equitable. Outcome: People do not face barriers in using Council services, facilities and activities.

2. Work in partnership with local services to increase inclusion and address service gaps. Outcome: People do not face barriers to accessing local services and opportunities.

3. Work in partnership to build the capacity of disadvantaged groups to be involved community life. Outcome: Diverse communities are resilient and engaged in community life.

4. Education, celebration and awareness raising contribution to building inclusive and equitable communities. Outcome: The community values diversity and there is reduced prejudice.

5. Advocate on behalf of and with our community to reduce discrimination and disadvantage. Outcome: People’s rights are protected and promoted.

Council also develops 12 month implementation plans for each of the four plans, outlining the specific actions that Council will take each year. Council produces a regular report to capture the achievements and identify any new challenges and issues requiring attention.

All portfolios have advisory committees that continue to provide advice and work closely with Council to ensure Council’s plans, goals and strategies are being implemented and monitored.

LEGAL CONSIDERATION



In developing this report to Council, the subject matter has been considered to determine if it raises any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited, restricted or interfered with by the recommendations contained in this report. It is considered that the subject matter does not raise any negative human rights issues.

The nature of Council’s work in Inclusion Access and Equity in fact enhances Council’s advocacy function in affirming the individual’s rights to freedom of expression especially in underrepresented groups in our community.




It is considered that Council’s Inclusion Access and Equity Framework and associated plans enhance the individual’s rights to Freedom of Expression as contained in section 15 of the Charter and Cultural Rights as contained in section 19 of the Charter.

ADVOCACY

Actions relating to Advocacy are imbedded in Goal 5 of the IAEF and the report attached contains examples of advocacy work that has been carried out during 2017-2019.

CURRENT SITUATION

The IAEF Mid-Term Achievements Report 2017 – 2019 lists highlights for each plan under all five goals. Additionally, it details what can be expected in the next two years of the IAEF Framework and other work undertaken that relates.

Key highlights:

Multicultural Plan: • Delivered the Cultural Diversity Grant round, which provided opportunities for

local organisations to deliver events or activities that foster cross-cultural learning.

• Accepted as a member of the Regional Advisory Council for the metro north region, run by the Multicultural Commission, to provide advice and feedback on local issues affecting the Culturally and Linguistically Diverse (CaLD) community in Banyule.

• Became a member of the Mayoral Taskforce Supporting Asylum Seekers, and supported the advocacy campaign ’Back Your Neighbour’ to lobby the Australian Government to reverse funding cuts to the Status Resolution Support Service (SRSS) program.

LGBTIQ+ Plan: • Funded half of the costs for LGBTIQ+ inclusion training for local neighbourhood

houses and libraries. • Delivered Council’s first ever trans and gender diverse swim and gym night at

Ivanhoe Aquatic. • Delivered the QWere Street event in Montmorency as part of the Midsumma

Festival which is Victoria’s premiere LGBTIQ+ arts and culture festival. 2018 was the first time a Midsumma program event was held in a northern Council area.

Disability Plan: • Hosted the ‘You CAN Ask That’ event for over 60 staff to celebrate the

International Day of People with Disability. Banyule’s Disability Advisory Committee formed a panel to respond to anonymous questions about disability.

• Continued to host and support regular meetings of the Banyule Disability Services Network with presentations and guest speakers on issues around disability and the National Disability Insurance Scheme (NDIS).

• Hosted sensory friendly festivals, which included a time out tent, to provide a space for attendees to relax and avoid an overload of noise and sights. Time out and quiet tents are now a standard feature of Banyule Council’s festivals.




Aboriginal and Torres Strait Islander: • Developed and rolled out to staff a series of Traditional Owner

Acknowledgment resources to increase the promotion, respect and awareness of Wurundjeri Woi-wurrung Traditional Custodians.

• Created an Aboriginal Resources Page on Council’s intranet to increase staff cultural knowledge.

• Hosted a suite of events to observe Sorry Day, Treaty and Reconciliation week as a whole. Including banner making workshops, a forum and a smoking ceremony.

• Continued to support the activation of Barrbunin Beek, Aboriginal Gathering Place in West Heidelberg

The report will be distributed to all advisory committees, Council customer service centres, Council staff, libraries, neighbourhood houses, Shop 48, Barbunnin Beek, Hatch and Jets Studio.

TIMELINES

The remainder of the IAEF actions will be reported on in the full term framework achievements report scheduled in 2021.




CONCLUSION

The Inclusion, Access and Equity Framework expresses Council’s commitment to its diverse communities, and guides the way that Council will work to promote and foster inclusion, access and equity.

The framework is supported by four specific plans: • Multicultural Plan 2017-2021 • Disability Action Plan 2017-2021 • Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTIQ+) Plan 2017-2021 • Aboriginal and Torres Strait Islander Plan 2017-2021

The Inclusion, Access and Equity Mid-Term Achievements Report July 2017 – June 2019 captures the highlights from the first two years of work on the current framework and Council’s achievements on its current plans.

ATTACHMENTS

No. Title Page

1 Inclusion Access and equity mid term achievements report



3.4 HICITY (BEDFORD GROUP) TRANSITION PLAN UPDATE

Author: Allison Beckwith - Director Community Programs, Community Programs

Previous Items Council on 28 Oct 2019 7.00pm (Item 7.2 - Bellfield Redevelopment (Planning Scheme Amendment, Community Centre and Housing Project) Update)

Council on 18 Nov 2019 7.00pm (Item 7.6 - HiCity (Bedford Group) Transition Plan Update)

vEXECUTIVE SUMMARY

HiCity is the Victorian operation of the Bedford Group and employs approximately 90 people with a disability. HiCity also owns four residential properties, with 12 employees living in these supported residences.

On 23 October 2019, HiCity (Bedford) announced it would be closing its operations in Victoria, thereby exiting Victoria as a disability service provider. The employees and their families and carers are concerned about the pending closure.

The closure will occur through two structured plans to:

wind down operations and close the HiCity supported employment business by the end of February 2020, with all supported employees and the majority of staff to finish by 13 December 2019.

find new homes for residents in the houses within HiCity Residential.

Since the announcement of the closure of its operations, Council has been liaising with HiCity (Bedford) to understand the plans they have in place to support their workforce and those living in accommodation owned by Hi City (Bedford).

This report is to provide Council with a progress on the transition to date.

RECOMMENDATION

That Council:

1. Notes the proposed transition plans HiCity (Bedford) has in place to wind down its operations in Victoria.

2. Continue to be provided updates on the transition process.

3.

COUNCIL PLAN

This report is in line with Banyule’s Council Plan key direction to “Support a connected, inclusive and involved community”.


HICITY (BEDFORD GROUP) TRANSITION PLAN UPDATE cont’d


BACKGROUND

HiCity/Bedford Group Bedford is the second largest employer in Australia for people with a disability across services including packaging, hospitality, manufacturing and grounds maintenance. They employ over 1,500 people across 20 sites in South Australia and Victoria.

HiCity is the Victorian operation of the Bedford Group and employs approximately 90 people with a disability. HiCity also owns four residential properties, with 12 employees living in these supported residences.

In December 2017, Oriel Services (known as HiCity) merged with Bedford to position itself for future commercial growth. Although Bedford took on the acquisition of HiCity with the intent of buying or leasing an alternative site within a 10km radius of Bellfield, the complexities of conforming to NDIS requirements, fixed pricing structures and other financial pressures means that Bedford is not ready to grow its business in Victoria.

On 23 October 2019, HiCity (Bedford) announced it would be closing its operations in Victoria, thereby exiting Victoria as a disability service provider. This will occur through two structured plans to:

wind down operations and close the HiCity supported employment business by the end of February 2020, with all supported employees and the majority of staff to finish by 13 December 2019.

find new homes for residents in the houses within HiCity Residential.

The employees and their families and carers are concerned about the impacts of the closure.

Since making the announcement to cease its operations in Victoria, Council has been working with HiCity (Bedford) to understand its transition plans and the support being provided to its workers, both immediately on the ground and ongoing, to assist with the changes.

HiCity (Bedford) has committed to providing Council with regular updates on the progress of their plans, including high level data on the number of supported employees and staff transitioned to new employment and/or service providers, the wind down of commercial operations and progress of continuing investigations as to the future for the residents at HiCity Residential.

Bedford has engaged PriceWaterhouseCooper (PWC) to assist with the transition of residents to appropriate alternative service providers. PWC will work in detail with staff and residents to determine each resident’s wishes for their future using a detailed, person-centric future planning tool. This will involve understanding what immediate changes are occurring and what supports are required, but also looking at each individual’s life dreams, strengths and talents, and how they want to live in the future.

LEGAL CONSIDERATION








ADVOCACY

Council has been working with HiCity (Bedford) to understand its transition plans and support being provided to its workers, both immediately on the ground and ongoing, to assist with the changes.

CURRENT SITUATION

Since 18 November 2019, a number of employees and families have met with other supported employment organisations to ascertain the suitability of the provider to their own personal circumstances.

HiCity (Bedford) has made available to all workers and families details of approximately fifteen (15) other supported employment organisations that have the capacity to assist the employees with other suitable work options.

Of the fifteen (15) providers it seems that three have the capacity to accommodate the current workforce and are deemed more suitable to employees and families due to location and type of work on offer.

For packaging type work both AbilityWorks in Kew and Endevour Foundation located in both Kew and Keon Park have the capacity for the workforce with a number of employees in application phases. As of the 20 November 2019, six employees have already secured work with new providers and transitioned to a new work environment.

In regards to the Ground Maintenance Team, HiCity (Bedford) have had promising discussions with Connecting2Australia who have indicated that they can also accommodate the entire grounds maintenance team as part of their employment services and are scheduled to meet all employees in that service area to finalise employment arrangements.

HiCity (Bedford) are confident that all employees wishing to maintain employment will be offered suitable work by the end of the year.

HiCity (Bedford) have made a commitment that no one will be homeless and have committed to finding suitable accommodation for the 12 residents currently housed in their accommodation stock. The housing owned by HiCity (Bedford) does not comply with current NDIS standards so other suitable housing arrangements need to be made.

HiCity (Bedford) has acknowledged that finding suitable new homes that meet the full wishes of the residents will require individual person-centred future planning and, as such, a target date has been set for the end of 2020 to ensure the best options for each individual are presented for them to exercise choice and control. They have appointed a full time project manager to oversee the residential accommodation project.




Residents and families have indicated that location of housing is a very important aspect of any future housing considerations as the residents are familiar with the local area and feel part of the community. Council will meet with representatives of the HiCity Parents Association to understand their concerns in regards to the accommodation issue.

TIMELINES

In terms of timing, the majority of HiCity/Bedford staff will be made redundant and cease employment on 13 December 2019. A small amount of staff will be on-site until end of February 2020 to complete the wind-down process.

Bedford have a lease for their current site until October 2020.

HiCity ((Bedford) have indicated they do not expect to resolve the accommodation issue until late 2020 and all residents will remain in their current residence until that time.




CONCLUSION

Council is working closely with HiCity (Bedford) to understand the progress of their transition plans and, as such, will be obtaining regular updates until the transition is complete.

ATTACHMENTS

Nil

Planet – Environmental Sustainability


4.1 BANYULE ENVIRONMENT ADVISORY COMMITTEE - NEW MEMBERSHIP ENDORSEMENT

Author: Ellie Hall - Environmental Sustainability Officer, City Development

Previous Items Council on 16 Sep 2019 7.00pm (Item 4.2 - Banyule Environment Advisory Committee - Realignment)

EXECUTIVE SUMMARY

The Banyule Environment Advisory Committee (BEAC) has recently undergone a review to update the committee’s Terms of Reference (TOR) and bring it in to alignment with Council’s other Advisory Committees.

The updated TOR include the provision for up to twelve members including;

Up to four community members with experience or expertise in environmental issues related to the Planet portfolio;

Up to four community group representatives i.e. Transition Towns, Friends of Groups, Neighbourhood houses;

Up to four professional representatives i.e. La Trobe University, Austin Hospital, small business.

An expression of interest process has been held to appoint members to the

committee. This report proposes twelve nominees who will form the BEAC

membership in 2020.

All nominees have been assessed against the selection criteria stated in the BEAC TOR, including Professional experience working in the environment industry Membership of a community environment group Experience working with community groups, environment organisations or

government Experience as an environment advocate or leader, and Experience in planning and/or community development and/or policy

development.

RECOMMENDATION

That Council:

1. Endorse the twelve nominees to form the Banyule Environment Advisory Committee membership for 2020.

2. Notify all applicants for the Banyule Environment Advisory Committee of the outcome of their application.

2.


BANYULE ENVIRONMENT ADVISORY COMMITTEE - NEW MEMBERSHIP ENDORSEMENT cont’d


COUNCIL PLAN

This report is in line with Banyule’s Council Plan key direction to “Be environmental stewards”.

BACKGROUND

The Banyule Environment Advisory Committee (BEAC) was established in December 1995 as a formal advisory committee. It aimed to provide on-going community input to Council in relation to the development and implementation of environmental policy, strategy and programs.

Following Council’s climate action resolution in December 2018 a review of BEACs function was undertaken to ensure community engagement, discussion and participation supports and enhances Council’s climate action objectives.

Following consultation with Councillors, past and present BEAC members and internal Council departments BEACs Terms of Reference (TOR) were updated to include;

up to twelve members, including representatives from the community, local environmental groups, industry and tertiary institutions

bi-monthly committee meetings of a two hour duration initial induction program for new committee members meetings to be facilitated by a Councillor with a community deputy temporary project or issue specific working groups as required A presence at an annual Environment Summit

Applications to the revised BEAC were sought via advertisement in the Banyule Banner, as well as email communication to target specific industry and community group representatives. In total 30 applications were received – a strong response and indicative of an active community.

LEGAL CONSIDERATION





DISCUSSION

Twelve nominees have been recommended for approval, following assessment against the selection criteria stated in the BEAC TOR (Attachment 2), which include;

Professional experience working in the environment industry Membership of a community environment group Experience as an environment advocate or leader Experience in planning and/or community development and/or policy

development




Ability to meet one of the three categories of community group representative, industry representative or individual with relevant experience.

Together the recommended members include representatives from business, industry, environmental community groups, community service providers and individuals with professional or academic experience. This will ensure a range of ideas and opinions which will enable high quality discussion and advice.

The nominees display knowledge and experience which supports Council’s strategic environmental priorities, including;

Urban ecology and the effects of a growing population, Sustainability and decarbonisation for the built environment, Behaviour change programs for waste management, and, Environmental policy and new technologies.

These nominees are believed to be of high quality, bringing professionalism, engagement and knowledge which will help Council reach its environmental goals. Notably Council’s goal of a carbon neutral community.

TIMELINES

Pending Council approval of the BEAC membership, nominees will be contacted in December 2019 with their letter of offer to serve as members of BEAC for a one year term.

A formal induction will take place in January 2020, with the first meeting to be held in February 2020.

An EOI process will be run in late 2020 to establish members for a full two year term in line with other advisory committee’s to commence in February 2021.




CONCLUSION

BEAC has played a key role in providing advice to Council on environmental strategy and direction since being established in 1995. The committee’s Terms of Reference (TOR) have recently been revised to ensure BEAC continues to be a productive and inclusive advisory voice to Council.

The twelve nominees cover of a cross section of Banyule residents, business owners, workers and community group representatives. Together these individuals are well equipped to support Council to reach its environmental goals, including to aid the community in becoming carbon neutral.




ATTACHMENTS

No. Title Page

1 Banyule Environment Advisory Committee Terms of Reference

2 Summary of BEAC Nominations 2019 - CONFIDENTIAL

3 Summary of Unsuccessful BEAC Applications 2019 - CONFIDENTIAL



4.2 2018/19 STATE OF THE ENVIRONMENT REPORT

Author: Ellie Hall - Environmental Sustainability Officer, City Development

EXECUTIVE SUMMARY

The State of the Environment (SOE) report provides an over view of the work Banyule Council delivers to ensure our natural environment is healthy, green and actively cared for.

This year, the report also incorporates Council’s Greening Banyule program, which captures work delivered in Banyule’s public green infrastructure, including parks, gardens and bushland reserves.

Specifically the SOE report identifies: Council’s approach to achieving its strategic environmental objectives; Case studies of programs and activities delivered over the year, and Strategic indicators and annual results.

Key highlights for 2018/19 include: The climate action resolution and $5m climate action package A reduction of Council’s stationary energy emissions of 979 tonnes The new $125k Environment Grants program Celebrating ten years of the Teachers Environment Network (TEN), and An increase in student participation numbers through Council’s ReThink centre.

RECOMMENDATION

That Council:

1. Note the State of the Environment Report 2018/2019.

2. Publish the State of Environment Report 2018/2019 on the Banyule Council website.

3. Include progress on Council’s Climate Action program as part of the 2019/2020 State of Environment Report.

COUNCIL PLAN

This report is in line with Banyule’s Council Plan key direction to “Be environmental stewards”.

BACKGROUND

The annual State of the Environment (SOE) report provides a transparent look into Council’s progress in meeting its environmental objectives.


2018/19 STATE OF THE ENVIRONMENT REPORT cont’d


The 2018/19 SOE report includes Council’s annual State of the Environment (SOE) indicators as well as Council’s Greening Banyule program reporting for the 2018/19 financial year. Greening Banyule is a coordinated program of Council services focused on improving and enhancing Banyule’s public green infrastructure.

The SOE report presents indicators and case studies which relate to how Council is achieving its strategic objectives under the Planet and Place Strategic Objectives of the Council Plan.

LEGAL CONSIDERATION





CONSULTATION

The Banyule Environment Advisory Committee (BEAC) has reviewed and approved the indicators presented in this report. There has also been extensive internal consultation with relevant departments to ensure whole of council representation.

DISCUSSION

The 2018/19 SOE report highlights progress made toward Council’s ambitious Climate Action program, which includes the $5 million Climate Action Package over three years.

Additional items of note in this years report include: The expanded environment grants program including new categories Youth

Climate Action and Business Energy Audits An increase in student participation numbers through Council’s ReThink centre,

and Celebration of ten years of the Teachers Environment Network (TEN).

The SOE report presents a range of indicators captured within a range of environmental portfolio areas. A selection of new indicators have also been included in the 2018/19 report. A summary of 2018/19 indicators and annual results are listed below.

2018/19 Indicator 2017/18 2018/19 Biodiversity

Friends of group volunteer hours in Banyule’s Bushland reserves

912 1,884

Indigenous species planted in bushland reserves 10,870 15,130

Buy 1 get 1 free vouchers claimed by residents 179 243 Water

Banyule Council water use 286 ML 348 MLLitter collection from storm water harvesting (target 50T) 1 T 49 T




2018/19 Indicator 2017/18 2018/19 Waste

Landfill waste per household 446 kg 423 kgRecyclables per household 245 kg 245 kg

Organic waste per household 196 kg 174.7 kg Waste diverted from landfill 49.7% 49.7%

Students attending the ReThink Centre 1,739 2,292

Energy

Council GHG emissions 15,308 T 14,239 T

Stewardship

Grant Applications 19 19

Home Energy Audits N/A 35Tree Care

Council tree plantings in streets and parks 4,922 3,226

Carbon sequestered in Council trees 31,082 T

Pollution removed by Council trees 12,432 kg/yr

Net gain of trees per year (public land) 1,518

Planning

Permit applications received for tree removal 558 325

Permits issued for tree removal 425 175

Sustainable Travel

Linear meters of shared paths/trails 575 813

These set of indicators show the strong work Council is undertaking to protect and enhance the natural environment through a range of policies, programs and strategies.

Communicating progress

The SOE will be supported by a strong communications campaign over the year, in order to progress the story of Banyule's environmental work and improve transparency in relation to Council’s performance.

In the future, greater content in relation to climate action will be captured, including GHG emissions (tCOe) reduced and kW of renewable energy generated.




CONCLUSION

The State of the Environment Report provides a transparent way for the community to understand how Council is progressing its environmental objectives. The report includes strategic indicators and case studies to tell the story of Council’s environmental activities in the 2018/19 financial year.




ATTACHMENTS

No. Title Page

1 2018-19 Banyule State of the Environment Report



4.3 COUNCIL'S CORPORATE EMISSIONS REDUCTION PLAN, 2020 - 2023

Author: Sian Gleeson - Coordinator Environmental Sustainability, City Development

EXECUTIVE SUMMARY

Following Banyule Council’s climate action resolution on 10 December 2018, a significant target of carbon neutrality by 2028 (without the purchase of offsets) was established.

In response, a number of review stages have been undertaken to identify priority actions that will ensure Council meets its target in nine years. This has included:

1. Long term analysis: assessment of opportunities available to Council to reduce carbon emissions across its operations;

2. Carbon inventory review: an independent review of the Council’s 2017/18 baseline to ensure alignment with the best practice National Carbon Offset Standard (NCOS);

3. Engagement with councillors and staff: to ensure internal buy in and support of cross departmental actions.

4. Public consultation, through a 4 week Shaping Banyule process.

Together, this work has informed the development of Banyule’s Corporate Emissions Reduction Plan, which will guide Banyule’s climate action program over the next four years (2020 – 2023).

RECOMMENDATION

That Council:

1. Endorse Banyule’s Corporate Emissions Reduction Plan, 2020 – 2023.

2. Expand on the $5M climate action package to consider ongoing financial support through future budget processes to deliver on the Corporate Emissions Reduction Plan.

3. Support a launch of the Corporate Emissions Reduction Plan in February 2020.

4. Report on implementation of the Corporate Emission Reduction Plan as part of Council’s annual State of the Environment report.

COUNCIL PLAN

This report is in line with Banyule’s Council Plan key direction to “Lead in planning for, and responding to climate change”.


COUNCIL'S CORPORATE EMISSIONS REDUCTION PLAN, 2020 - 2023 cont’d


BACKGROUND

On 10 December 2018, Council passed a significant climate action resolution (CO2018/267). The resolution: endorsed a climate neutrality target by 2028 for Council operations without the

purchase of offsets. requested to receive and consider long-term carbon abatement actions and

pathways available to Council to achieve this target.

Extensive work has been undertaken over the last six months in response to the resolution. This work has included: Long term analysis: assessment of opportunities available to Council to reduce

carbon emissions across its operations; Carbon inventory review: independent review of the Council’s 2017/18 baseline

to ensure alignment with the National Carbon Offset Standard (NCOS); Engagement with Councillors and staff: to ensure internal buy in and support

of cross departmental actions.

These activities build on previous work undertaken, including a review of the (substantive) Energy Plan relative to best practice and holding an environmental forum in September 2018. Together, these actions have all informed the development of the final Corporate Emissions Reduction Plan: Actions for Zero Net Emissions.

*Diagram below showing key responses to Climate Action resolution.

LEGAL CONSIDERATION


December 10, 2018 Climate Action resolution

Corporate Emissions Reduction Plan:

Actions for Zero Net Emissions

Final plan presented for approval

December 9 ,2019.

Community Emissions Reduction

Plan

Draft Plan to be developed for

consultation in 2020.







CONSULTATION

The Draft Corporate Emissions Reduction Plan was put out for consultation for 4 weeks of public exhibition. During this time comments were received and incorporated into the final Plan. This consultation process followed extensive staff and Councillor consultation undertaken as part of the plan’s development.

Feedback received through the community consultation was generally positive, with comments including: “Councils are among the most active bodies engaging with the need for a zero

emissions planet and it is great to see Banyule stepping up.” “It is a good start and well-documented set of points regarding the council's direct

operations.” “It's great to see so much emphasis being put on the 'monitoring, evaluating,

reporting and improvement' aspects of this process.”

Concerns or gaps raised generally related to: Requests for the 2028 carbon neutrality target to be brought forward; and The need to address broader issues, such as municipal waste and tree planting

(all of which will be addressed within the upcoming Community Emissions Reduction Plan).

Following the consultation period and in response to feedback a small number of changes have been made to the Plan including: Establishing a Sustainable Buildings Policy to apply to Council’s capital works

and maintenance program; Enhanced actions to support suitable procurement practices; Increased focus on cost/benefit analysis of proposed activities.

DISCUSSION The Plan identifies 30 actions across nine priority areas (below) that will be implemented over the next four years (2020 – 2023).

PRIORITY AREA FOCUSClimate action culture Support staff to undertake climate action within

their own roles. Continue to foster a culture of open-mindedness,

innovation and collaboration Zero net emissions buildings

Reduce energy use by establishing a sustainable buildings policy to embed best practice environmentally sustainable design into our capital works and deliver a building energy efficiency upgrade program




PRIORITY AREA FOCUSGreen fleet Work towards replacing all light and heavy fleet

with electric vehicles or other zero emission vehicles by 2028

Low carbon lighting Replace open space, sports field and street lighting with energy efficient LEDs.

Electric leisure centres Upgrade pool pumps and filtration systems with more efficient systems, investigate and trial pool blankets at all pools, as well as the replacement of gas fired boilers with heat pumps

Maximise renewable energy

Pursue opportunities for renewable energy generation through a roll out program on Council sites and power purchasing agreements

Develop actions for new priority areas

Identify actions to reduce emissions from new areas of waste, business travel, paper and water use

Green suppliers Embed sustainable procurement in council processes and support our suppliers to reduce emissions from procured goods and services

Monitoring, evaluation, reporting and improvement (MERI)

Develop a MERI framework to assist staff and community to identify how we are tracking towards our target and support continual improvement.

The National Carbon Offset Standard (NCOS) has been used to guide the approach adopted in the Plan. NCOS provides best-practice guidance on how to measure, reduce, offset, report and audit emissions for organisations. As a result, the Plan identifies actions that will address all emission sources specified under this framework (noted below).

NCOS – Mandatory emission sources for inclusion

Scope 1 emissions: all direct greenhouse gas emissions from sources that are within the organisation’s control boundary. These include emissions from fuel use, refrigerants and on-site electricity generation.

Scope 2 emissions: energy produced outside the organisation, but used within the organisation. These include purchase of electricity, heat, cooling and steam.

Scope 3 emissions: those that occur as a result of the activities of the organisation, but occur from sources outside the organisation’s control. These include paper and water consumption, business travel, IT services and waste.

The Plan notes that actions focused on renewable energy generation, energy reduction and efficiency will be undertaken to achieve zero net emissions from all sources where Council has direct control (Scope 1 and 2). This applies to fuel used in light and heavy fleet, as well as the electricity and gas used in our Council-owned and community-occupied buildings.

Only in instances where emissions arise outside of Council’s control (Scope 3 emissions), will offsets be utilised. This will cover emission sources such as paper consumption, business travel and waste.




The Plan emphasises that reaching our carbon neutrality target is both a cultural and technical task. This is reflected in the range of actions identified, including a cultural change program to ensure that a whole of organisation approach is achieved.

The Plan has been written in clear and simple language to ensure it is accessible to a broad and non-technical audience. It features small quotes from officers and Councillors as a means to highlight key messages.

It is intended that a formal launch of the final plan is in February 2020. This will be supported by a strong communication program to improve transparency and awareness of Council’s progress on climate action.

FUNDING

As part of the climate action resolution, a number of actions outlined within the Plan were allocated funding over a three year period (2019 – 2021). Notably this included: $1.95m for additional solar PV; $1.20m for energy efficiency enhancements; $600,000 for fleet efficiency; and Up to $200,000 for a business case(s) on long-term abatement initiatives.

Collectively this funding will place Council in a strong position to make an immediate impact in its carbon abatement activities. Full implementation of the priority actions outlined within the Plan will however require additional funding to be allocated through the budget process. Lead departments will be responsible for submission of funding bids each year, as business case investigations are undertaken and detailed costs and benefits are identified.

As identified within the Plan, exploration of different funding models available will be considered, which may increase the certainty and availability of future funding for actions

TIMELINES

Endorsement of the Corporate Emissions Reduction Plan: 9 December 2019; Development of graphic design: December 2019; Final plan, presented via Council website: early January 2020; Formal launch: Feb 2020.




CONCLUSION

The Corporate Emissions Reduction Plan, 2020 – 2023, has been developed following significant review and investigation into priority carbon abatement actions relevant to the Council. Together, the 30 actions will place Council in a strong position to achieve its 2028 carbon neutrality target.




ATTACHMENTS

No. Title Page

1 Banyule's Corporate Emissions Reduction Plan, 2020 - 2023

Place – Sustainable Amenity and Built Environment


5.1 69-71 BANYULE ROAD, ROSANNA - DEVELOPMENT OF 27 DWELLINGS, VEGETATION REMOVAL AND PARTIAL REMOVAL OF AN EASEMENT (P858/2019)

Author: Mark Sheehan - Major Developments Planner, City Development

Ward: Ibbott

EXECUTIVE SUMMARY

The proposal is for the construction of 27 dwellings across two large sites. The dwellings will be two and three storeys in height and comprise 19 three bedroom dwellings and 8 four bedroom dwellings.

The proposal includes the retention of 17 medium and high retention value trees across the subject site with the removal of 32 other generally low retention value trees. The proposal also includes the partial removal of an empty drainage easement.

A total of nine objections have been received following public notification including letters to surrounding owners and occupiers and signage on site. Concerns relating to built form, amenity impacts, traffic, tree removal and construction impacts have been raised.

The site has had a previous application for 30 dwellings which was not supported by Council and by the Victorian Civil and Administrative Tribunal (VCAT). The proposed development has been designed to address the concerns of Council and VCAT.

It is considered that the proposal should be supported given the subject sites large size, location adjacent to a reserve and proximity to services, transport and schools.

RECOMMENDATION

That Council having complied with Section 52, 58, 60, 61 and 62 of the Planning and Environment Act 1987, resolve to issue a Notice of Decision to Grant a Planning Permit in respect of Application No. P858/2019 for construction of two or more dwellings (27 dwellings) under Clause 32.08-9; removal of existing vegetation under Clause 42.02-2; Removal of native vegetation under Clause 52.17; Partial removal of existing easement E-1 under Clause 52.02 of the Banyule Planning Scheme, at 69-71 Banyule Road, ROSANNA subject to the following conditions:

Plans

1. Before the development permitted by this permit starts, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions


69-71 BANYULE ROAD, ROSANNA - DEVELOPMENT OF 27 DWELLINGS, VEGETATION REMOVAL AND PARTIAL REMOVAL OF AN EASEMENT (P858/2019) cont’d


and three copies must be provided. The plans must be generally in accordance with the advertised plans prepared by VIA Architects but modified to show:

a) The setback of the ground floor of Townhouse 17 increased to a minimum of 3.0 metres from the shared boundary with No.8 McCrae Road in order to provide a stronger landscape buffer;

b) Screening to the upper floor balcony and adjacent north facing window of Townhouse 22 to achieve compliance with Standard B22 of Clause 55 of the Banyule Planning Scheme;

c) All modifications necessary to Townhouses 6 and 24 to ensure compliance with Australian standard AS4970-2009 with regard to encroachment and pruning of Trees #6 and #13.

d) Plan notations that signage will be provided to visitor parking areas that parking spaces must be made vacant during garbage collection times with such times specified;

e) All sustainable design features indicated in the submitted Sustainable Design Assessment (SDA). Where sustainable design features outlined in the SDA cannot be visually shown, include a notes table providing details of the requirements (i.e. energy and water efficiency ratings for heating/cooling systems and plumbing fittings and fixtures, etc.);

f) Landscaping as required by Condition 2 of this permit;

g) A Native Vegetation Offset Plan as required by Condition 3 of this permit;

h) An amended Waste Management Plan as required by Condition 9 of this permit;

i) Tree protection fencing as required by Condition 20 of this permit;

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

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

(ii) The connection to the Council nominated legal point of discharge;

(iii) Internal drainage to provide for the diverted flows due to the dwellings in the location of the easement which has been allowed to be varied.

(iv) Additional outfall drainage to serve the property at 67 Banyule Road along and within the remaining section of the easement, connecting to the proposed council pit at the north east corner of 69 Banyule Road.

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




2. The development permitted by this permit must not be commenced until the amended plans as required under Condition 1, as above, and a revised and updated satisfactory landscaping plan are submitted to and approved by the Responsible Authority. The revised landscape plan must reflect the revised scheme and be prepared by a person suitably qualified or experienced in landscape design and shall include:

a) Removal of tree #56, to be replaced by a large indigenous canopy tree within the vicinity. Yellow Box (Eucalyptus melliodora) or similar. Any new surfaces within 10m of the planting should be made of permeable materials that allow water to penetrate to ground level.

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

c) Planting within landscaping zones to consist of varying heights and species;

d) Provision of replacement planting for vegetation that is to be removed including a minimum of eighteen (18) medium to large canopy trees (mature height of at least 8m) planted at a semi-advanced state (minimum pot size 16 litre) planted throughout the site;

e) A drought tolerant planting theme;

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

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

h) Location, details and cross section drawings of all Water Sensitive Urban Design features in accordance with the endorsed Sustainable Design Assessment/Sustainable Management Plan and STORM report, with reference to connection details on the engineering plans;

i) Details of all paving or other surface treatments to pedestrian routes leading to and immediately adjacent dwelling entries;

j) Safety bollards provided around services located adjacent to driveway areas.

3. The development permitted by this permit must not be commenced until Native Vegetation Offset Plans are submitted to and approved by the Responsible Authority. The plans must be drawn to scale with dimensions (where appropriate), three copies must be provided and must show the following:

(a) Appropriate offsets to compensate for the loss of (0.079) habitat hectares of vegetation;

(b) Include details of:

(i) Means of calculating the offsets

(ii) Locations where offsets will be provided




(iii) Type of offsets to be provided for each location

(iv) Details of revegetation including the number of trees, shrubs and other plants, species mix and density

(v) Means of interim protection for the offsets

(vi) Methods of permanent protection for the offsets

(vii) Persons responsible for implementing and monitoring the offset plans

(viii) Time frames for implementing the offset plans

(ix) Details of any earthworks, drainage and other works

(c) The plans may include:

(i) A requirement for the owner to enter into a section 173 agreement in respect of specified land

(ii) A requirement for the owner to enter a binding agreement with a specified person in order to implement aspects of the offset plan

(iii) A requirement for the owner to provide a bond as security for completion of any part of the offset plan.

(d) When approved, offset plans must be implemented within 12 months of the commencement of works associated with the subdivision unless otherwise specified in the offset plans. Maintenance and replanting of vegetation is to be undertaken if necessary until all the requisite numbers of plants are effectively established and have survived for at least 3 years.

The submission of an allocated credit extract demonstrating an appropriate offset has been purchased and secured in perpetuity is sufficient to demonstrate compliance with this condition.

General

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

5. Prior to the commencement of the development, a plan of variation of easement prepared by a licensed land surveyor suitable for lodgement with Land Victoria, must be submitted to the responsible authority for certification.

6. Prior to the certification of the plan of variation of easement, and prior to the issue of a certificate of occupancy for any of the dwellings approved under this planning permit, the owner of 69 and 71 Banyule Road, at their own cost, must construct additional outfall drainage to serve the property at 67 Banyule Road along and within the remaining section of the easement, connecting to the proposed council pit at the north east corner of 69 Banyule Road;

7. Prior to occupation of the dwellings allowed by this permit, the plan of variation of easement must be registered with Land Victoria.




Waste Management

8. Unless otherwise agreed in writing by the Responsible Authority, the owner of the land at 69 & 71 Banyule Road ROSANNA must enter into an agreement with the Responsible Authority pursuant to Section 173 of the Planning and Environment Act 1987 to the satisfaction of the Responsible Authority and such agreement must stipulate:

(a) The owner acknowledges that all waste collection from the land will be carried out by a private waste collection provider consistent with an endorsed Waste Management Plan as required under Condition 8 of this permit.

(b) The owner acknowledges that occupants of the dwellings will not be granted on street or off street parking by way of a resident or visitor vehicle parking permit.

(c) That any future owners corporation rules will include rules to ensure that visitor parking spaces are not occupied during garbage collection times.

9. Prior to the commencement of the development, an amended Waste Management Plan must be submitted to and approved by the Responsible Authority. The Waste Management Plan must include:

(a) Dimensions of waste areas.

(b) The number of bins to be provided and capacity.

(c) Details on method and frequency of cleaning and maintenance of waste areas.

(d) Details of ventilation.

(e) Details of unwanted goods storage.

(f) Method of waste and recyclables collection including the need to provide for private services.

(g) Hours of waste and recyclables collection.

(h) Measures to minimise impact upon residential amenity.

(i) Method of presentation of bins for waste collection.

(j) Strategies for how the generation of waste and recyclables from the development will be minimised.

(k) Details as to how prospective purchasers will be advised that all refuse and recycling collection for the property shall be provided internally by a private contractor at the expense of the owner of the land.

(l) Details of how organics will be stored and disposed;

(m) Details of how visitor car parking spaces will be kept vacant during collection times;

(n) Details of how hard waste will be undertaken by a private waste collector.

When approved, the plan will be endorsed and will then form part of the permit and must be complied with at all times. Waste collection from the




development must be in accordance with the plan, to the satisfaction of the Responsible Authority.

10. Unless otherwise agreed in writing by the Responsible Authority, the proposed development must not be occupied until:

a) The parking areas shown on the endorsed plans have been constructed to the requirements and satisfaction of the Responsible Authority;

b) The garden and landscape areas shown on the endorsed plans have been planted to the requirements and satisfaction of the Responsible Authority;

c) Drainage works have been undertaken and completed to the requirements and satisfaction of the Responsible Authority;

d) Driveway, pathway, basement and undercroft lighting is installed in accordance with the relevant Australian Standards.

11. Any air-conditioning or cooling units, condensers and the like located on balconies must be concealed to the satisfaction of the Responsible Authority.

12. All pipes (except down pipes), fixtures, fittings and vents servicing any building on the site must be concealed in service ducts or otherwise hidden from external view to the satisfaction of the Responsible Authority.

13. All external materials, finishes and paint colours are to be to the satisfaction of the Responsible Authority.

Car Parking / Access

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

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

16. Vehicular access or egress to the subject land from any roadway or service lane must be by way of a vehicle crossing constructed in accordance with Council’s Vehicle Crossing Specifications to suit the proposed driveway and the vehicles that will use the crossings. The location, design and construction of the vehicle crossing must be approved by the Responsible Authority. Any existing unused crossings must be removed and replaced with concrete kerb, channel and naturestrip to the satisfaction of the Council prior to the occupation of the buildings.

Environmentally Sustainable Design




17. All works must be undertaken in accordance with the Sustainable Management Plan (SMP) prepared by and submitted with the application to the satisfaction of the Responsible Authority. No alterations to the SMA may occur without prior written consent of the Responsible Authority.

18. Prior to the occupation of any dwelling approved under this permit, a statement from the author of the Sustainable Management Plan (SMP) report, approved pursuant to this permit, or similarly qualified person or company, must be submitted to the Responsible Authority. The statement must confirm that all measures specified in the SMP have been implemented in accordance with the approved plan to the satisfaction of the Responsible Authority.

Tree Protection / Landscaping

19. Before the plans required by Condition No. 1 of this permit are endorsed, a Tree Management & Protection Plan (TMPP) to the satisfaction of the responsible authority, must be submitted to, and approved in writing by, the responsible authority. The TMPP must be prepared by a suitably qualified and experienced Arborist in relation to the management and maintenance of the Tree to be retained. The Tree Management Plan must include an accurate survey of the canopies of Trees #6 and #13. The plan must include details of proposed tree pruning and details of setbacks required for Townhouses #6 and #24 so as to ensure that these dwellings do not compromise the long term viability of Trees #6 and #13 to the satisfaction of the Responsible Authority.

The Tree Management & Protection Plan must also include (but not be limited to):

a) The design modifications and particular construction techniques set out in the Arborist Report.

b) A tree protection plan drawn to scale. c) All tree protection zones and structural root zones to be indicated on the

plan. d) All TPZ areas where ground protection systems will be used. e) The types of footings used within tree protection zones. Which must also

be indicated on the plans f) All services to be located within the tree protection zones and a notation to

state that all services will either be located outside the tree protection zone or bored under the tree protection zone.

g) Details of how root systems of the trees to be impacted will be managed. This must detail any initial non-destructive trenching (if required) and pruning of any roots required to be undertaken by the project Arborist.

h) A management regime, for all trees during the demolition, construction and post-construction phases of the development. Matters to be addressed, to include the location/design of tree protection fencing, mulching/ watering requirements, requirements regarding any suitable excavation and the storage of any related building materials to be located outside the TPZ of retained trees.




i) Supervision timetable and certification (sign off sheet) of tree management activities undertaken by the project Arborist to the satisfaction of the responsible authority.

j) All remedial pruning works that are required to be performed. Details of the pruning must reference Australian Standard AS4373:2007 Pruning of amenity trees, and include a detailed photographic diagram specifying what pruning will occur. Any proposed pruning must also consider any scaffolding requirements for construction of dwellings/units, all tree pruning must then be carried out by a qualified arborist in accordance with Australian Standard AS4373-2007 Pruning of Amenity Trees, and must be restricted to the removal of no greater than 15% of the total live canopy of individual trees unless otherwise agreed in writing by the Responsible Authority.

k) Unless with the further written consent of the responsible authority, the TMPP must demonstrate compliance with Australian Standard AS 4970-2009 to the satisfaction of the responsible authority.

The approved Tree Management Plan must be implemented to the satisfaction of the responsible authority. Written confirmation from the project Arborist that the tree management works undertaken are satisfactory and are in accordance with the approved Tree Management Plan must be submitted to the responsible authority, to its satisfaction.

20. Unless otherwise agreed in writing by the Responsible Authority, prior to the commencement of works (including demolition) on the site Tree Preservation Zones must be established around Trees #6, #11, #12, #13, #36, #37, #40, #41, #42, #43, #44, #45, #46, #49, #55, #56, and #59 where they occur within the subject site. At least 14 days prior to the commencement of works the applicant must provide a ‘Statement of Compliance’ (from a suitably qualified Project Arborist) which must include photographic evidence of the below requirements. This correspondence must be sent to [email protected]. Once installed and inspected, the Tree Preservation Zones must be maintained until the conclusion of the works to the satisfaction of the Responsible Authority, and must meet the following requirements:

(a) Extent

Tree Preservation Zones shall be provided in the following trees:

(i) Trees #6, #11, #12, #13, #36, #37, #40, #41, #42, #43, #44, #45, #46, #49, #55, #56, and #59 to the extent of the calculated Tree Protection Zone (TPZ) where it occurs within the subject Land;

Where there are approved works within the TPZ, it may only be reduced to the required amount by an authorised person only during approved construction within the TPZ, and must be restored in accordance with the above requirements at all other times.

(b) Weed control

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

mailto:[email protected]




(c) Fencing

(i) Protective fencing must consist of chain wire mesh panels held in place with concrete feet. Fencing must comply with Australian Standard AS 4687-2007 Temporary fencing and hoardings.

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

(d) Signage

Fixed signs are to be provided on all visible sides of the Tree Preservation Fencing, stating “Tree Preservation Zone – No entry without permission from the City of Banyule”.

(e) Irrigation

The area must be irrigated during the summer months with 10 litres of clean water for every 1 cm of trunk girth measured at the soil / trunk interface on a monthly basis during summer (or a percentage thereof equivalent to the percentage of TPZ area occurring within the subject site).

(f) Access to Tree Preservation Zone

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

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

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

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

(g) Underground Services

Any underground service installations transecting a Tree Protection Zone of any retained tree must be bored beneath the entire TPZ to a depth of at least 1000mm. Any excavation within the calculated TPZ of a retained tree required for the connection of services must be:

(i) Undertaken after written approval is received from the Responsible Authority; and

(ii) Undertaken by hand or by approved non-destructive techniques suitable in the vicinity of trees under the supervision of the project arborist.

NOTE:

Requests for consent of the Responsible Authority (City of Banyule) pursuant to this Condition should be directed to Council’s Arborist – Development Planning on 9457 9808. Consent for the conduct of works within the Tree




Protection Zone, where granted, may be subject to conditions. Such conditions may include a requirement that:

Any further works that are approved are to be supervised by the project arborist, and a written component may be required also;

All root excavation be carried out by hand digging or with the use of ‘Air-Excavation’ techniques;

Roots required to be cut are to be severed by saw cutting and undertaken by a qualified arborist.

Or other conditions, as relevant, to ensure the ongoing health and stability of the subject tree/s.

Tree Pruning

21. Prior to the commencement of works, the project arborist must determine the canopy impact to trees on or adjoining the subject site that are shown to be retained on the endorsed plans, in regards to any pruning required to enable clearance from the proposed Buildings and Works (including any temporary scaffolding requirements), and advise council’s Development Planning Arborists via email to [email protected] marked “Attention - Development Planner” and including the planning application number. Following written approval from the Responsible Authority, all tree pruning must then be carried out by a qualified arborist in accordance with Australian Standard AS4373-2007 Pruning of Amenity Trees, and must be restricted to the removal of no greater than 15% of the total live canopy of individual trees unless otherwise agreed in writing by the Responsible Authority.

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

22. All tree pruning is to be carried out by a trained and competent arborist who has a thorough knowledge of tree physiology and pruning methods. Pruning must be carried out in accordance with Australian Standard AS4373 Pruning of Amenity Trees. Tree pruning is to be restricted to the removal of no greater than 15% of the total live canopy of individual trees.

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

24. Unless otherwise agreed in writing by the Responsible Authority, the landscaping areas shown on the endorsed plans must be used for landscaping and no other purpose and any landscaping must be maintained to the satisfaction of the Responsible Authority, including that any dead, diseased or damaged plants are to be replaced.

Cultural Heritage Management





25. A copy of the Cultural Heritage Management Plan (CHMP) prepared by Heritage Insite Pty Ltd dated 20th June 2011, and endorsed as part of this permit must be kept on site during the undertaking of building and works and all workers on site must be made aware and adhere to the requirements of the CHMP and comply with all necessary requirements.

26. If any relics are found and there is the opportunity to have them protected or relocated, consent and the appropriate approval must be gained from the appropriate authority, including appropriate consent from the Warundjeri Tribe.

Construction Management

27. Before the development starts, a Construction Management Plan must be submitted to the satisfaction of the Responsible Authority. Once approved, the plan must be implemented to the satisfaction of the Responsible Authority. Unless otherwise agreed in writing the plan is to be consistent with the City of Banyule General Local Law No. 1, particularly in relation to:

Containment of building sites

Dust control

Building site refuse

Building works hours

Construction, use and maintenance of vehicle crossings

Occupation of, and obstructions on, roads and Council land

Spoil on roads

Unsightly land.

Development Contributions

28. Prior to the issue of a building permit for any building or any works approved by this permit, a Development Infrastructure Levy and a Community Infrastructure Levy must be paid to Banyule City Council. The amount of the levy for each charge unit must be calculated in accordance with Schedule 1 to the Development Contribution Plan Overlay.

Time Limits

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

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

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

(c) The plan of variation of easement is not certified within 2 years of the date of issue of this permit.




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

(a) Before the permit expires, or

(b) Within six months afterwards, or

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

PERMIT NOTES

(A) Expiry of Permit

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

(B) Additional approvals required

Building Permit Required

A Building Permit must be obtained prior to the commencement of any works associated with the proposed development.

Access to Council Reserve

No permission can be granted either temporary or otherwise by Council and/or its employees with respect to access to the adjacent Council owned land (including the road reserve) for any purposes relating to the proposal (e.g. parking of surplus vehicles, delivery of materials etc.), without application being made for the requisite permit (i.e. Local Law Permit).

Supervision of works undertaken on Council Assets

Council’s Construction Department must supervise all works undertaken on Council assets within private property, Council Reserves, easements, drainage reserves and/or road reserves, including connection of the internal drainage system to the existing Council assets. Prior to the commencement of any works, an application must be made and a permit received for:

A “Memorandum of Consent for Works” for any works within the road reserve; and/or

A “Drainage Connection Permit” for any works other than within a road reserve. .

Asset Inspection Fee

Prior to the commencement of building works on site in accordance with Local Law 1, a non-refundable Asset Inspection Fee is payable to Council for the inspection of existing Council assets. For further information in relation to




this process and the relevant fee please contact Council’s Construction Department on 9490 4222.

(C) Action on/for completion

Completion of Development

Immediately upon completion of the development permitted by this permit, the owner or developer of the subject land must notify Council’s Development Planning Section that the development is complete and complies with all requirements of the permit. The development will then be inspected to ensure compliance.

An early inspection process will ensure that the subdivision approvals including the Statement of Compliance can be issued without delay.

Residential Noise (spa pump/pool pumps/air-conditioning unit/vacuum unit etc.)

The operation of the (spa pump/pool pumps/air-conditioning unit/vacuum unit etc.) shall comply with the Environment Protection (Residential Noise) Regulations 1997. Prohibited times of use as specified by the Regulations are Monday to Friday before 7am and after 10pm & Weekends and public holidays before 9am and after 10pm (if audible from a habitable room of a neighbouring property).

The operation of the (spa pump/pool pumps/air-conditioning unit/ vacuum unit etc.) must not cause a Nuisance (as defined under the Health Act 1958). A Nuisance may include issues such as noise, odour or any other thing deemed to be a Nuisance under the Act. It is recommended that the (spa pump/pool pumps/air-conditioning unit/ vacuum unit etc.) is not located within close proximity to neighbouring properties and where practicable, enclosed.

(D) Development Contributions

Please refer to Schedule 1 to the Development Contributions Plan Overlay for charge areas and levies payable. To request an invoice for payment, please

email [email protected] including the address of the land that is being developed.

Planning Permit Application: P858/2019

Development Planner: Mark Sheehan

Address: 69-71 Banyule Road, ROSANNA

Proposal: Buildings and works including multi unit residential development (27 dwellings) and associated removal of vegetation and alteration of easement

Existing Use/Development: Dwelling on 71 Banyule Road and vacant land on 69 Banyule Road

Applicant: Rosanna Village





Zoning: General Residential –Schedule 2

Overlays: Vegetation Protection – Schedule 5

Development Contributions Plan – Schedule 1

Notification (Advertising): Letters to adjoining and nearby owners/occupiers and signage on site

Objections Received: 9

Ward: Ibbott

PROPOSAL

Details of the proposed development are as follows:

Construction of 27 dwellings including 19 three bedroom dwellings and 8 four bedroom dwellings.

The dwellings will be a mix of two and three storey forms. The dwellings are designed with contemporary design features and display a mixture of forms. Some dwellings will have flat roof forms, whilst others will have hipped roofs with gable ends.

The dwellings will be constructed in a mix of face brickwork, metal cladding, timber like wall cladding, and rendered surfaces. Design detailing and roof forms are varied throughout the site with some flat roofs, some gable end roof and some hip and valley roof forms. The colour palette is a mix of light and dark greys, charcoal, black and timber.

Two areas of communal open space are proposed being a 358 square metre area along the eastern boundary to the rear of Dwelling 8 and side of Dwelling 24, and a 131 square metre area between Dwellings 12, 20 and 21.

The proposal incorporates the removal of existing vegetation from the site. In total, 32 trees will be removed from the site. Of these 32 trees, 25 require a planning permit for their removal.

The development has a building site coverage of 38.3% and a hard surface coverage of 57.5%.

Each dwelling is provided with 2 car spaces with 5 visitor car parking spaces provided.

Removal of part of the easement (E-1), which is an easement for drainage purposes.

A copy of advertised plans form Attachment 1 to this report.


Section 80C of the Local Government Act 1989 requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates.





BACKGROUND

Details of previous relevant planning applications for this site are as follows:

71 Banyule Road Rosanna

Planning Permit P74/2011 was issued by Council for the construction of 15 three storey dwellings and associated vegetation removal on the land at 71 Banyule Road. The permit has now expired.

The applicant sought a review of conditions at VCAT. The VCAT decision allowed modification of conditions relating to front setbacks and highlighted that Tree 11 and 13 (as per current arborist report) were high retention value and should be retained.

69-71 Banyule Road, Rosanna

Planning Permit Application P290/2018 was made for the construction of 33 dwellings on the land at 69-71 Banyule Road on 23 March 2018 which was not supported by Council or VCAT upon review of a revised 30 dwelling proposal.

The VCAT members made the following commentary in their decision:

“There are two key design features we find unacceptable and taken together result in our decision to refuse the proposal. First, an unacceptable design response to the south-west interface and second, a poor layout to the internal accessways”.

“Although the visible form from the adjoining properties will be two storey, rather than three storey, the extent of proposed built form that extends for 68 metres of the 74 metre length of the south-western boundary is significant and imposing. We find the gaps between these buildings at ground level are insufficient to provide the spacing necessary to avoid the impression of a continuous visual bulk, noting gaps at ground level do not extend to the full height between pairs of dwellings.”

SUBJECT SITE AND SURROUNDING AREA

The site comprises two separate lots, 69 and 71 Banyule Road. The land is more particularly described in Certificate of Title Volume 11961 Folio 384 (69 Banyule) and Volume 09144 Folio 947 (71 Banyule).

Together the lots form a parcel of approximately 7,250 square metres, with frontage to Banyule Road in the order of 63 metres and a maximum depth of 100 metres. There is a 2.44 m wide drainage and sewerage easement running along the north and east boundary of the land at 69 Banyule Road, there are no easements on the land at 71 Banyule Road.




The western part of the land is a vacant parcel, formerly occupied by an aged care facility and the eastern title is occupied by a single dwelling.

Topographically, the land falls from southwest to northeast by approximately 11 metres across the site. The site supports a moderate cover of canopy trees, with a mix of native and exotic species.

Land to the east is occupied by the River Walk Reserve. This is an informal nature reserve that includes native vegetation and walking/cycling tracks. Land to north and west of the subject site is occupied by residential properties with frontages to Banyule Road, McCrae Road and Homewood Court.

The broader area is characterised predominantly by single dwellings set within landscaped gardens. There is some limited multi-dwelling development. Dwelling forms are varied with a mixture of one and two storey forms and varied building materials and architectural styles.

The site is within walking distance to Banyule Primary School, Viewbank College, River Gum Walk and the Greville Road shops.

Locality Plan

Figure 1 - Aerial photo of subject site and surrounds.




PUBLIC NOTIFICATION

It was considered that the proposal may cause material detriment to surrounding properties, and as such public notification was conducted by means of erecting a sign on the site and posting notices to the owners and occupiers of surrounding and nearby properties. A total of 9 objections have been received.

Grounds of objection are summarised as follows:

Minimal change from previous proposal.

Visual bulk, 3 storey dwellings exceed the height of buildings in the neighbourhood.

Neighbourhood character.

Overdevelopment.

Insufficient vehicle access (single vehicle entry/exit).

Noise, disruption and road obstruction during construction.

Wall at rear boundary of 67 Banyule Road may be made unstable by works.

Noise from driveway and overlooking to 67 Banyule Road.

Lack of safety bollards around the gas valve adjacent the driveway.

Banyule Primary and Viewbank High School do not have capacity for additional children.

Access for fire services and waste collection.

Excessive tree removal.

Additional traffic and traffic safety

Damage to drainage network from increased stormwater runoff.

A discussion of objectors concerns is provided further on in this report.

No formal consultation took place, however planning staff contacted all parties to the previous VCAT appeal and informed them prior to the application going to public notice. Council staff also made telephone calls and spoke with objectors to the current application who had been party to the previous VCAT appeal.

REFERRAL COMMENTS

External

The application was not required to be referred to any external authorities, however the site is in the alignment of the proposed North East Link. The North East Link Project has prepared an environmental effects statement, which includes a draft planning scheme amendment, GC98.

The North East Link Project was given notice of the application. The North East Link Project advised that they had no objection to the proposal, subject to restrictions on the depth of excavation.




Internal

Traffic No objection. The development is provided with sufficient number of car parking spaces to meet the planning scheme requirements. The local road network is suitable to cater for the volume of traffic generated by the proposal.

Development Drainage

The removal of part of the easement is acceptable subject to the following:

Additional outfall drainage from 67 Banyule Road connecting to the proposed Council pit at the north east corner of 69 Banyule Road; and

The internal drainage be sufficient capacity for the diverted flows.

Standard Permit conditions requiring on site stormwater detention, connection to legal point of discharge and Water sensitive urban design.

The plans indicate a number of properties are proposed over the easement/s within the site. Structures of a permanent nature will not be granted Building Over Easement approval. The easement in question is the easement to be varied and the dwellings can be built in these locations if the easements are varied.

Waste Private waste collection is required. An amended Waste Management Plan is required by permit conditions to address turning areas, organics and hard waste.

Development Arborist

Council’s Development Planning Arborist has advised:

Trees #6 and #13 that are of high retention value. Both have major encroachments into their TPZs and would require canopy pruning that would make the trees unviable.

Pruning that would be required to accommodate TH6 and TH24 is likely to result in Trees #6 and #13 being lopped, increased wind loading to the remainder of the canopy resulting in branch failures, poor structure through epicormic growth and a loss of photosynthetic area that may send the trees into decline.

A Tree Management Plan prepared by a qualified arborist, including an accurate survey of the canopies of Trees #6 and #13 must be submitted. The plan must include details of proposed tree pruning and details of setbacks required for Townhouses #6 and #24 so as to ensure that these dwellings do not compromise the long term viability of Trees #6 and #13 to the satisfaction of the Responsible Authority.

Tree #56 is in poor health and has a short useful life expectancy. It should be removed and replaced with a large




canopy tree within the vicinity. I suggest a Yellow Box (Eucalyptus melliodora) or a Red Box (Eucalyptus polyanthemos). Any new surfaces within 10m of the planting should be made of permeable materials that allow water to penetrate to ground level

Prior to the commencement of works, the project arborist must determine the canopy impact to retained trees in regards to any pruning required to enable clearance from the proposed Buildings and Works (including any temporary scaffolding requirements). All tree pruning must then be carried in accordance with Australian Standard AS4373-2007 Pruning of Amenity Trees. The pruning required would not be within the Australian Standard.

These requirements will be addressed through permit conditions.

Open Space Council’s Open Space Planner has advised:

The direct access onto the Banyule Shared Trail is good for the site residents but needs to be carefully designed due to the gradient off the site onto the trail and the potential for collisions with trail users;

Good sight lines need to be maintained for these entrances, with appropriate signage/linemarking to encourage users to slow down/giveway to through traffic;

This trail will get considerably busier once North East Link is completed as it will be a significant commuter route for cyclists;

Any boundary fencing along the site and Council reserve should be of an open style to improve passive surveillance.

These requirements will be addressed through permit conditions.

Property There is some doubt as to whether existing fences and retaining walls have been constructed on correct title boundaries. It should be a condition of any planning permit issued that all works (including fences and retaining walls) should be contained on or within the planning parcel. The applicant must be required to provide evidence that the easement, together with any assets located within the easement, if any, is no longer required and should be considered for extinguishment/removal.

It is noted that a private rubbish collection is proposed. This should be consistent for all proposed dwellings on the subject site.

Provision for letterboxes should be located in Banyule Road. It is noted that pedestrian access has been made available through the subject site. Provision should be made to set aside this access as part of common property on any future subdivision.




Please ensure that any planning permit issued contains the following notation: "No permission can be granted, either temporary or otherwise, by Council and/or its employees with respect to access to the adjacent Council owned land for any purposes relating to the proposal (e.g. parking of surplus vehicles, delivery of material) without application being made for the requisite permit (e.g. Local Law Permit).

PLANNING CONTROLS

The planning controls applicable to the site are outlined in Table 1 below:

Table 1: Applicable Planning Controls Control Clause Permit

Triggered General Residential Zone, Schedule 2 32.08 Yes Vegetation Protection Overlay, Schedule 5 42.02 Yes Development Contributions Plan Overlay, Schedule 1 45.06 Yes, but

payment of contributions required through building system

Easements, restrictions and reserves 52.02 Yes Car Parking 52.06 No Bicycle facilities 52.34 No Stormwater Management in Urban Development 53.18 Yes

POLICIES CONSIDERED

The relevant Planning Scheme Policies are outlined in Table 2 below:

Table 2: Relevant Planning Scheme Policy Policy ClausePPFSettlement 11 Built Environment and Heritage (including sub clauses) 15 Housing (including sub clauses) 16 Transport 18 Vision and Strategic Framework 21.02 Land Use 21.04 Built Environment (Incremental area) 21.06 Transport and Infrastructure 21.07 Local Places 21.08 Reference Documents 21.09 Residential Neighbourhood Character Policy 22.02 Safer Design Policy 22.03 Environmentally Sustainable Development Policy 22.05




TECHNICAL CONSIDERATION

This is a ‘corrective application’ for a multi dwelling development, on a site that has previously had an application refused by the Responsible Authority and upheld by VCAT for the key reasons captured earlier in this report. In essence, the onus is on the applicant to take note of the concerns raised previously by VCAT and the Responsible Authority and revise the design to adequately address those concerns.

In this context, the application has been assessed against the relevant planning scheme controls and in light of the previous criticisms raised in the VCAT decision.

Council must consider this application within the strategic context of the site location, impact on the neighbourhood character and amenity of the area, internal amenity, car parking provision and vegetation removal. These are discussed below.

Strategic Context of the site

The Residential areas framework plan with the Municipal Strategic Statement (Clause 21.06-2) identifies the subject site as an ‘Incremental’ area. The subject site is a large consolidated site which is well serviced within walking distance of local schools, bus routes and recreation reserves. The sites attributes of large size, previous presence of large building form, good location and limited residential abuttals to the east allow for a larger scale development with varied building typology and forms.

Neighbourhood Character

The proposed development is considered appropriate with respect to the key requirements of Council’s Residential Neighbourhood Character Policy as follows:

The proposed development offers the opportunity for space around the built form for landscaping and opportunities for tree planting and retention within the external setbacks and throughout the site which contribute to the landscape setting. The proposed site coverage at 38% allows for suitable tree retention and planting opportunities throughout the site. The proposal meets the planting ratio of 1:400sqm for sites within a Garden Suburban Area Precinct 2.

Whist the proposal is more contemporary than the established houses within the area, it provides for a variety of external materials and built forms that complement the surrounds in which it is located. The three storey built form, which has previously been supported in the 2011 application, has been located on the eastern part of the site abutting the reserve and separated from neighbouring properties.

The western portion of the site which directly abuts adjoining properties presents as two storeys when viewed externally from the site. The current proposal provides an improved outcome through increased spacing and setbacks between and around the proposed dwellings in this area providing additional room for larger, better plantings adjacent to the rear yards of neighbours. Dwellings in the western part of the site have also been modified in their appearance to include more ‘traditional’ forms to better reflect the existing housing stock on the neighbouring properties to the southwest.




Building mass is broken up throughout the site through the use of different roof forms as well as variation in finishes and large landscaped corridors running through the site.

The proposal has been designed to obtain access from a single vehicle entry point off Banyule Road. All car parking has been sited behind the dwellings fronting the street with opportunity for landscaping to screen the visitors spaces from the public realm.

Vegetation Removal and impacts

The proposal includes the retention of some medium to high retention value trees across the site with the removal of 32 generally low retention value trees. Of the trees to be removed 25 require a permit for removal under the Vegetation Protection Overlay and four (#14, #38, #39, #52) require a permit under Clause 52.17 – Native Vegetation.

The removal of these trees is supported on the basis of either their low retention value or their position on the site and the availability for retention and replacement planting throughout the site. The required offsets for the removal of the four native trees under Clause 52.17 can be secured through the conditions of permit.

It is envisaged that greater investigation is required surrounding the extent of encroachment of trees #6 and #13 and in turn a tree management will be required and subsequent modifications to Townhouses #6 and #24. Whilst not prescriptive possible modifications may include the reduction in the scale of townhouse 24 to a 2 bedroom dwelling with single garage and greater setbacks for Townhouse #6 away from Tree #6 to ensure the health of the trees to be retained are not jeopardised.

Clause 55 Requirements

The revised proposal has been designed to meet the standards and objectives of Clause 55, having particular regard to the assessment made by Council and VCAT in consideration of the previous planning permit application that was refused. An assessment of the development against the requirements of Clause 55 is provided in the attached Clause 55 Assessment (Attachment 2).

Internal and External Amenity

The setbacks to the directly abutting properties are generally sufficient to avoid any overlooking and overshadowing issues. An assessment of the external impacts of the development is outlined in the attached Clause 55 Assessment (Attachment 2).

Variation to the easement

The proposal include the removal of a section of Easement E-1 (drainage and sewerage) which runs along the eastern boundary of 69 Banyule Road. The easement is currently empty. Council benefits from the easement. Council’s Development drainage department have advised they would only consent to the removal of this section of the easement subject to conditions requiring the applicant




construct outfall drainage along the easements in the rear of the lots to the southwest. This will be required via conditions.

Increased traffic and parking

The proposed development is providing the statutory number of car parking spaces (including visitor spaces) on site as required by Clause 52.06 – Car parking of the Banyule Planning Scheme. In addition to this, the application was referred to Council’s Engineering Department which did not raise concerns with respect to traffic congestion.

The street network near the subject site includes streets of a size and width typical of those within the wider local area. They are sufficient to cater for the increase in traffic associated with the development.

Sustainability

The applicant has provided a Sustainability Management Plan (including STEPS and STORM calculations) which is considered acceptable, subject to conditions, and highlights the key initiatives for the reduction in greenhouse emissions.

Liveability

Five of the dwellings have been specifically designed to meet Council’s Liveable Housing Guidelines and provide housing choice for those with limited mobility which is a key benefit of the proposed development.

Aboriginal Cultural Heritage Management

The proposed site has been identified as being located within an area of cultural heritage sensitivity. The applicant has supplied an approved Cultural Heritage Management Plan.

Objector’s Concerns

A summary of the main concerns of objectors is provided below. Other concerns have been addressed through the body and attachments of this report.

Minimal change from previous proposal

The previous application that went to VCAT was for 30 dwellings. VCAT gave a detailed decision, which highlighted the issues which it decided to refuse to grant a permit on. In essence, aside from the width and arrangement of internal driveways and the eastern part of the site, the proposal was considered by VCAT to require little if any changes. VCAT’s decision highlighted that their main area of concern was the southwestern part of the site and the impact to the surrounding residential backyards. This was in line with the Council assessment made on that application.

The plans put forward as part of this current application do address the internal driveway widths and arrangements and do meet the necessary requirements for traffic engineering purposes. The plans do not make any substantive changes to the




eastern part of the site. The changes to the southwestern part of the site are accompanied by ‘explanation’ diagrams and written statements form the applicant detailing how they have redesigned to appropriately respond to the criticisms raised against the previous application. The plans are suitably different from the previous application to be rightfully considered a new application and assessed on its own merits, albeit that the assessment is informed by both the previous Council and VCAT assessments.

Impacts during construction phase

This is a short term amenity issue that cannot be considered given that once a development has been completed, the issue is no longer relevant. Noise and dust in the short term are matters which are controlled by Council’s Local Laws and Environmental Health Units and through the building regulations.

Waste Management

The proposal will require a private waste collection. A waste management plan has been submitted. Subject to modifications to the waste management plan via permit conditions, the proposal is acceptable with respect to waste management.

Stormwater Drainage

Stormwater drainage plans prepared by a qualified drainage engineer will be required to be submitted to Council’s Drainage Engineers for approval. These plans will need to comply with Council’s drainage standards, including a detention system as specified by Council’s Drainage Engineers. Furthermore, Council’s Drainage Engineers have advised of specific requirements for additional drainage construction and these will be required via permit conditions.

Banyule Primary and Viewbank high School are already at capacity.

The future occupants of the development and future capacity of the nearby schools are unknown and will fluctuate over time, therefore this concern is not sufficient reason to not support the proposal.

Excessive Noise

The proposal is for a residential development in a residential area. The levels of noise likely to be generated by future occupants is not expected to exceed normal residential noise levels. Any domestic residential appliances are required to comply with relevant noise standards.

Infrastructure already at capacity

The site is in an area identified as having sufficient infrastructure capacity to allow for incremental limited growth. The local infrastructure is not at capacity.

Wall at rear boundary of 67 Banyule Road may be made unstable by works.

Construction works must be undertaken in accordance with the building regulations.




Noise from vehicle movements

There is currently a driveway in the location in question which previously provided access to the aged care facility. The level of noise from vehicles in this location is not expected to be greater than the previous use of the site.

Lack of safety bollards around the gas valve adjacent the driveway.

Safety bollards will be required to be installed as a condition of approval.

Access for fire services and waste collection

This matter was discussed in length at the VCAT hearing for the previous planning permit application. The current application was supported by traffic engineering reports which addressed this issue and confirmed that fire and waste collection vehicles will be able to access and move appropriately within the site.

Single point of vehicle access

The proposal has been design to obtain access from a single crossover which accords with the policy objectives. By providing a central driveway which provides access to all dwellings, the extent of hard surfacing is kept to a minimum

CONCLUSION

It is considered that the site provides a good opportunity for a development of this type by virtue its size, location to services and facilities and separation from residential properties. This allows for a scale of development greater than that on nearby residential sites and is supported by state and local planning policies.

With appropriate conditions, the proposed development should be supported.

ATTACHMENTS

No. Title Page

1 Advertised Plans

2 Clause 55 Assessment



5.2 32 YANDO STREET, GREENSBOROUGH - SHARED PATHWAY AND REMOVAL OF VEGETATION WITHIN KALPARRIN GARDENS (P786/2019)

Author: Chris McInnes - Development Planner, City Development

Ward: Bakewell

EXECUTIVE SUMMARY

The proposal is for the reconstruction and upgrade of the path on the south side of Kalparrin Lake. The path will be widened to 3 metres with a concrete surface to cater to people of all abilities. The proposal also includes the provision of new seats, handrails and bollards, as well as a new raised deck area overlooking the lake which avoids the necessity to remove additional trees rated as being of high retention value. The development works, subject to conditions, will necessitate the removal of 20 trees including 5 native trees. It is proposed to provide a minimum of 24 new trees and over 4,000 new native shrubs to replace trees being removed.

The proposal was publicly notified and no objections have been received.

The proposal provides an enhanced public recreation facility, supports walking and cycling and responds appropriately to the constraints applying to the site, including vegetation, flood risk and Aboriginal cultural heritage. The proposed upgrade to the main path accords to the Kalparrin Gardens Masterplan which was endorsed by Council in February 2017, as well as other Council strategies which aim to promote walking and cycling within the municipality. It is considered that the proposal appropriately balances key policy objectives requiring Council to provide accessible recreation spaces for the community and retention of native vegetation, and should be supported.

RECOMMENDATION

That Council having complied with Section 52, 58, 60, 61 and 62 of the Planning and Environment Act 1987, resolves that a Planning Permit be issued in respect of Application No. P786/2019 for the development of the land for the construction of a shared path and decking on land affected by an Environmental Significance Overlay (ESO1) and removal of native vegetation pursuant to Clause 52.17 of the Banyule Planning Scheme at 32 Yando Street GREENSBOROUGH subject to the following conditions:

Plans

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


32 YANDO STREET, GREENSBOROUGH - SHARED PATHWAY AND REMOVAL OF VEGETATION WITHIN KALPARRIN GARDENS (P786/2019) cont’d


(a) The retention of Trees #4, #41, #61, #64, #67 and #80;

(b) Removal of Tree #111 as it is a declared weed species;

(c) Tree protection measures as required by Condition 6 of this Permit;

(d) Tree sensitive construction methods for Trees #4, #41, #61, #64, #67 and #80 as outlined within Section 6 of the Visual Tree Assessment and Written Report authored by Russel Fisher of ENSPEC dated 19 November 2019;

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

(i) The integration, details and connections of all Water Sensitive Urban Design features and include drainage details as a result of landscaping;

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

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

General

3. Prior to the commencement of works, the conditions outlined in the 'Shared User Pathway Consent' letter dated 9 August 2019 provided by Melbourne Water's Asset Services team must be satisfied.

Landscaping/revegetation plan

4. The landscaping works shown on the endorsed plan must be carried out and completed to the satisfaction of the Responsible Authority.

Tree Protection

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

6. Before the development commences (including vegetation removal and lopping), adopt the following tree protection measures outlined within the Visual Tree Assessment and Written Report authored by Russel Fisher of ENSPEC dated 19 November 2019:




o Section 8: Recommendations

o Appendix 1: Tree Protection Measures

o Appendix 2: Installation of Protective Fencing

o Overview Map of Tree Protection Zones and Structural Root Zones

7. The tree protection works shown on the endorsed plan must be carried out and completed to the satisfaction of the Responsible Authority.

Construction Zone

8. Before the development commences (including any demolition, excavations, tree removal, delivery of building/construction materials and/or temporary buildings), a fence to the satisfaction of Melbourne Water (as relevant) and the responsible authority must be erected around agreed areas. The fence must be maintained in a good condition until the completion of the construction works on the site, to the satisfaction of the Responsible Authority.

9. Areas outside of the construction zone/s must be marked and signed as ‘no access’ areas for machinery, equipment, materials and construction activity, to the satisfaction of the Responsible Authority.

Native Vegetation Removal

10. Before works start, the permit holder must advise all persons undertaking the vegetation removal or works on site of all relevant permit conditions and associated statutory requirements or approvals.

11. The total area of native vegetation proposed to be removed totals 0.154 hectares, comprised of:

(a) 5 small scattered trees.

12. To offset the permitted clearing in accordance with Guidelines for the removal, destruction or lopping of native vegetation (DELWP 2017), the permit holder must secure general offset of 0.138 general habitat units:

(a) Located within the Port Phillip and Westernport Catchment Management boundary, Banyule municipal area or Nillumbik municipal area; and

(b) With a minimum strategic biodiversity score of at least 0.339.

13. Before any native vegetation is removed evidence that the required offset by this permit has been secured must be provided to the satisfaction of the Responsible Authority. This evidence must be one or both of the following:

(a) An established first party offset site including a security agreement signed by both parties, and a management plan detailing the 10-year management actions and ongoing management of the site, and/or

(b) Credit extract(s) allocated to the permit from the Native Vegetation Credit Register.

14. A copy of the offset evidence will be endorsed by the responsible authority




and form part of this permit. Within 30 days of endorsement of the offset evidence, a copy of the endorsed offset evidence must be provided to Planning Approvals at the Department of Environment, Land, Water and Planning Port Phillip regional office.

15. Where the offset includes a first party offset(s), the permit holder must provide an annual offset site report to the responsible authority by the anniversary date of the execution of the offset security agreement, for a period of 10 consecutive years. After the tenth year, the landowner must provide a report at the reasonable request of a statutory authority.

16. Within 6 months of the conclusion of the permitted clearing of native vegetation under this permit, the offset requirements can be reconciled with the written agreement of the responsible authority and the Department of Environment, Land, Water and Planning.

17. A suitably qualified wildlife handler or zoologist is to be present when felling trees/removing native vegetation, to ensure affected wildlife is not harmed. If displaced wildlife that cannot be relocated on site to an appropriate location away from the construction footprint, or injured wildlife is captured, please contact DELWP on 136 186 for further advice.

Time Limits

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

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

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

PERMIT NOTES:

Expiry of Permit

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




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




Additional Approvals Required No structure (including but not limited to sheds, retaining walls, eaves, water

tanks, paving and landings) shall be built over any easement on the subject land except with the consent of the relevant Responsible Authority.

No permission can be granted, either temporary or otherwise, by Council and/or its employees with respect to access to the Council owned land for any purposes relating to the proposal (e.g. parking of surplus vehicles, delivery of material) without application being made for the requisite permit (e.g. Local Law Permit).

It is the property owners’ responsibility to accurately identify the title boundaries and ensure that all buildings and improvements are contained within these parameters.

Melbourne Water For detailed Melbourne Water requirements, please refer to the attached

'Shared User Pathway Consent' letter (9 August 2019).


Development Planner: Christopher McInnes

Address: 32 Yando Street GREENSBOROUGH

Proposal: Development of the land for the construction of a shared path and decking on land affected by an Environmental Significance Overlay (ESO1) and removal of native vegetation pursuant to Clause 52.17 of the Banyule Planning Scheme

Existing Use/Development: Kalparrin Gardens

Applicant: Banyule City Council

Zoning: Public Park and Recreation Zone (PPRZ)

Overlays: Environmental Significance Overlay (Schedule 1) (ESO1)

Design and Development Overlay (Schedule 8) (DDO8)

Land Subject to Inundation Overlay (LSIO)

Development Contributions Plan Overlay (Schedule 1) (DCPO1)

Notification (Advertising): Signs on site

Notices to nearby owners and occupiers

Public notice in the Diamond Valley Leader (16 October 2019)

Objections Received: Nil

Ward: Bakewell




PROPOSAL

The proposal is for works associated with the reconstruction of the existing path on the south side of Kalparrin Lake and the associated removal of native and non-native vegetation.

The proposed works are generally as follows:

The removal of an existing section of path, bluestone walls and bollards along the southern side of the lake.

The removal of 20 trees, including 5 native trees;

Earthworks (cut and fill)

A new concrete path, including steps and vehicular access to St Marys Tennis Club.

Drainage inclusive of pipes, pits and rock beaching to outlets.

Retaining walls inclusive of precast, insitu and turndown types.

Installation of handrails, seats and bollards.

Installation of a custom raised deck/walkway

New planting inclusive of grass, 24 trees and 4,747 native shrubs.





Kalparrin Gardens is a large area of public parkland approximately 8.6 hectares in size and located close to the Greensborough Activity Centre. It is one of a series of reserves which together form a linier parkland along the Plenty River corridor. Existing park facilities include a network of pathways, tennis courts, a skate park, BBQ and picnic shelters, playgrounds and a public car park. The park encompasses Kalparrin Lake, a large body of still water which forms part of a stormwater harvesting system installed in recent years. The water collected is used to irrigate both the park itself and surrounding sporting fields.

Adjoining land uses to the north, west and south are primarily residential, with the Partingtons Flat sporting fields located to the east. The Greensborough Activity




Centre is located further south east and is accessible directly via Kalparrin Avenue, or alternatively via a network of paths through Partingtons Flat.

PUBLIC NOTIFICATION

Public notices were sent to a total of 35 owners and occupiers of sites adjoining and close to the application site. This was accompanied by a letter providing information on the project, including a map summarising the route. A total of 3 public notice signs were displayed at entrances to Kalparrin Gardens for 14 days. A public notice was also published in the 16 October 2019 edition of the Diamond Valley Leader.

To date, no objections have been received.

REFERRAL COMMENTS

Internal referrals

Response Development Planning Arborist

Supportive of the proposal, subject to conditions requiring that some of the trees rated as being of important high retention value be retained.

Drainage Standard conditions requested to be placed on any permit issued.

Property Requests standard notes be included on any permit issued.

PLANNING CONTROLS


Table 1: Applicable Planning Controls

Control Clause Permit Triggered

Public Park and Recreation Zone (PPRZ) 36.02 No Environmental Significance Overlay – Schedule 1 (ESO1)

42.01 Yes

Design and Development Overlay – Schedule 8 (DDO8)

43.02 No

Land Subject to Inundation Overlay (LSIO) 44.04 No Development Contributions Plan Overlay – Schedule 1 (DCPO1)

45.06 No

Native Vegetation 52.17 Yes




POLICIES CONSIDERED

Table 2: Relevant Planning Scheme Policy

Policy ClausePPFProtection of Biodiversity 12.01-1S Native Vegetation Management 12.01-1S River Corridors, Waterways, Lakes and Wetlands 12.03-1S Floodplain Management 13.03-1S Healthy Neighbourhoods 15.01-4S Aboriginal Cultural Heritage 15.03-S-2 Sustainable Personal Transport 18.02-1S Open Space 19.02-6S LPPFVision and Strategic Framework 21.02 Cultural Heritage 21.03 Land Use 21.04 Natural Environment 21.05 Transport and Infrastructure 21.07


Response to Policy Framework

The proposal is considered to be an appropriate response to the State and Local Planning Policy Frameworks, noting that these broadly seek the following:

Provision of community recreational facilities, including walking and cycle paths.

Provision of safe and suitable pedestrian and cycle networks, as an alternative to vehicular transport.

Protection of landscape values, remnant vegetation and natural habitat. Protection and enhancement of waterways and their corridors. Protection, conservation and management of sites of Aboriginal cultural

heritage significance.

The Kalparrin Gardens Masterplan was endorsed by Council in February 2016. The Masterplan identified a number of opportunities to improve the look and function of the reserve, identifying the following key project goals:

Develop Kalparrin Gardens as a place where people go to relax, exercise, play, have fun and meet with others.

Improve connectivity in and around the reserve and strengthen the links to the local path network and the Greensborough Activity Centre.

Make Kalparrin Gardens an attractive, accessible and enjoyable place to visit and spend time in.

Retain and protect the natural beauty of the reserve and promote the protection and the respect for the environment, including native birds and animals.

Maximise the use and community benefit of Kalparrin Lake and associated water treatment infrastructure.




Celebrate the existing landscape, in particular the undulating topography, Plenty River corridor and Kalparrin Lake.

The Masterplan proposes to reconstruct pedestrian pathways through the reserve, including the construction of a “Main Loop Trail” – a 3 metre wide shared path with a concrete path which will cater to people of all abilities. The section of path proposed to be reconstructed by this proposal is essentially the section of the “loop” to the south of Kalparrin Lake. The Masterplan notes that the existing pathways have fallen into disrepair in sections, and provide poor access for people pushing prams or those using mobility scooters or in wheelchairs. It is also noted that there is also no defined hierarchy of paths which makes it more difficult for visitors to navigate through the reserve.

Removal of Vegetation

Environmental Significance Overlay (Schedule 1) applying to this site acknowledges the significant natural habitat and environmental qualities of areas adjoining the Plenty River, including indigenous vegetation and landscape quality. Protecting and minimising the loss of vegetation from these areas is one of the environmental objectives to be achieved.

The application is accompanied by an arboricultural assessment, prepared by Enspec Environment and Risk dated 2 September 2019. This report assesses 115 trees and 1 tree group with Kalparrin Gardens and determines retention value, having regard to amenity value and useful life expectancy.

The removal of some trees is necessary so that the shared path will comply with the requirements of the Disability Discrimination Act 1995. Some of the requirements within the Act relate to alignment and gradient. The retention of all trees would result in the path being less straight and with sharper gradients, meaning it would not achieve DDA compliance and resulting in the park being less accessible to persons of limited mobility.

The arboricultural assessment provided by Enspec Environment and Risk submitted to Council confirmed that all important high retention value trees except for Trees #52, #59 and #109 could be retained subject to conditions requiring sensitive construction methods near trees.

Whilst it would be preferred to retain all trees of high retention value, in the case of this application the removal of three high retention value trees is considered justified for the following reasons:

In the case of Trees #52 and #59, it was agreed by both Council’s Development Arborist and other Council Officers from Council’s Parks and Gardens Section that these Red River Gums would be heavily impacted from the development. It is also highly likely that even if these trees are able to be retained by this proposal, they would require removal in coming years in subsequent works which would require similar upgrades to the pathways leading to the footbridge crossing Kalparrin Lake. It is sensible to remove these trees now rather than going through the expense of incorporating them into the design now, only to require to have them removed anyway within the next few years.




With regard to Tree #109, significant measures are being taken to retain as many trees as possible from the stand of trees numbered #94 - #109 in the form of a raised deck to the north-east of this stand. The decking section of the path is required to link up with St Marys Tennis Centre. Unfortunately, the route that retains the most high retention value trees and a gradient which is DDA compliant will result in a detrimental impact upon the structural root zone of this tree.

Overall, the extent of loss has been minimised as far as possible and the losses will be spread along the length of the reconstructed path, rather than in one small and concentrated area. The land adjoining the reconstructed path will remain extensively vegetated and the loss of trees will be far outweighed by the number of trees to be retained.

The submitted arboriculture report notes the presence of a Desert Ash (Tree #111) within the reserve. The Desert Ash is listed as a weed species within the Banyule Weed Management Strategy 2006 and it is therefore considered appropriate to require that Tree #111 be removed by way of a suitable permit condition.

An extensive revegetation plan is also proposed to offset the removal of vegetation. The submitted landscape plan provides for 24 new trees and 4,747 new native shrubs within the vicinity of the reconstructed path.

Native Vegetation

Of the 20 trees proposed to be removed (given that 6 high retention value tress can be retained by way of permit condition) 5 of these trees have been identified as being native species which require planning permission for removal under Clause 52.17 (native vegetation) of the Banyule Planning Scheme. The extent has been assessed in an assessment carried out using the Native Vegetation Removal Tool provided by the Department of Environment, Land, Water and Planning. A summary of the proposed native vegetation removal is provided below:




An offset is required as a result of the removal of native vegetation, this can be included as a condition on any permit issued. This includes securing general offsets of 0.057 general habitat units, with a minimum strategic biodiversity score of 0.339. Replacement trees will need to be provided either within the municipal boundary, Nillumbik municipal area or alternatively within the Port Phillip and Westernport Catchment Management Authority (CMA) area.

It is considered that the extent of tree and native vegetation removal is appropriate, having regard to the requirements of the Environmental Significance Overlay (Schedule 1), Clause 52.17 – Native Vegetation and the net community benefit gained by the widened path and additional public amenities provided by the proposal.

Flooding

The proposed works are not located on any part of the site affected by a Land Subject to Inundation Overlay.

Melbourne Water was consulted prior to this application for a planning permit, and has advised of no objection to the proposal. This is subject to a number of conditions outlined in a ‘Shared User Pathway Consent’ relating to the construction process, including ongoing consultation and approvals from Melbourne Water and the preparation of a Site Environmental Management Plan.

Aboriginal Cultural Heritage

Aboriginal Victoria maps areas of Cultural Heritage Sensitivity within Kalparrin Gardens, however a Cultural Heritage Management Plan is not considered necessary given the extent of previous site disturbance, specifically the installation of the stormwater harvesting system in recent years.




CONCLUSION

It is considered that the proposal will enhance Kalparrin Gardens, striking an appropriate balance between the need to provide more accessible recreation facilities which benefit the community and the retention important native vegetation. The proposed works are consistent with the applicable planning controls as well as the Kalparrin Gardens Masterplan, have appropriate regard to the environmental constraints of the site and provision of extensive replacement plantings. It is therefore recommended that the proposal is supported.

ATTACHMENTS

No. Title Page

1 Overview of proposed works



5.3 294 BELL STREET, HEIDELBERG WEST - PLANNING PERMIT APPLICATION FOR A MIXED USE MULTI LEVEL DEVELOPMENT (P312/2010 SECTION 72 AMENDMENT)

Author: Mark Sheehan - Major Developments Planner, City Development

Ward: Olympia

EXECUTIVE SUMMARY

Planning Permit P312/2010 was issued in January 2013 and allowed the development of the site with two apartment towers (8 storey and 10 storey) over a common ground floor and basement.

The applicant now seeks to amend the approved development. The amendments include: Increasing the height of the two towers to 11 and 14 storeys by removing the

basement car parking and providing all car parking at and above ground level. Amending the architectural detail and design of the buildings. Increasing the number of apartments from 128 to 146. Increasing the number of car parking spaces for dwellings from 134 to 141 car

spaces. Reducing the retail floor area and number of retail car parking spaces from 7 to 5. Alterations to vehicle access.

The proposed amendments provide increased housing supply close to an activity centre, transport and education services with minimal impact to adjoining and nearby properties. It is considered the amendments should be supported.

RECOMMENDATION

That a Notice of Decision to Amend a Planning Permit be issued to amend Planning Permit P312/2010 by allowing the following amendments:

Relocation of basement car parking to above ground;

Increase in podium height from 1 storey to 4 storeys;

Removal of western crossover and creation of 3 crossovers to Coomalie Crescent;

Reduction of retail floor area at ground level;

Increase the number of storeys of Building 1 from 11 storeys to 14 storeys and associated increase in building height of approximately 9.2 metres;


Increase the total number of apartments from 128 to 146 and associated internal reconfigurations;

Reduction of retail car parking spaces from 7 to 5;


294 BELL STREET, HEIDELBERG WEST - PLANNING PERMIT APPLICATION FOR A MIXED USE MULTI LEVEL DEVELOPMENT (P312/2010 SECTION 72 AMENDMENT) cont’d


Increase the number of car parking spaces for dwellings from 134 to 141 car spaces;

Relocation of communal open space from Level 1 to level 4;

Modifications to external architectural expression, particularly to the podium, including reconfiguration of fenestration;

Modification of a number of permit conditions to align with the amended plans; modification to permit preamble to delete reference to Clause 52.07 (which no longer applies).

Subject to inclusion of the the following additional conditions and renumbering of:

Amended Plans

1A. Before the development permitted by this permit starts, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the plans prepared by Kincaid Projects put to public notice during 2019 in relation to this application but modified to show:

(a) Plans in accordance with the concept plans submitted by Kincaid Projects on 14 November 2019;

(b) All columns moved out of clearance zones of car parking spaces to accord with the design requirements of Clause 52.06-8 of the Banyule Planning Scheme;

(c) Plan notations allocating 2 car spaces to each dwelling with 3 or more bedrooms.

25. Before the development permitted by this permit starts a Green Travel Plan must be prepared and submitted to the responsible authority for endorsement, to support the development in maintaining its approach towards promoting sustainable and alternative forms of transport

Development Contributions

26. Prior to the issue of a building permit for any building or any work approved by this permit, a Development Infrastructure Levy and a Community Infrastructure Levy must be paid to Banyule City Council. The amount of the levy for each charge unit must be calculated in accordance with Schedule 1 to the Development Contribution Plan Overlay


Development Planner: Mark Sheehan

Address: 294 Bell Street, HEIDELBERG WEST




Proposal: Buildings and works associated with a mixed use development (cafe, offices, shops, and apartments) and the use of the land for the purposes of offices, dwellings, variation to the standard Banyule Planning Scheme requirements of Clauses 52.06 (Car parking), 52.07 (Loading and unloading of vehicles) and 52.34 (Bicycle parking), provision of car parking to the satisfaction of the Responsible Authority (cafe) and alteration of access to a Road Zone Category 1.

Existing Use/Development: Vacant Land, formerly a service station

Applicant: Bell Street Projects Pty Ltd

Zoning: Commercial 1 Zone –Schedule 1

Overlays: Parking Overlay – Schedule 3

Development Contributions Plan Overlay – Schedule 1

Special Building Overlay – Schedule 2

Notification (Advertising): Letters to adjoining and nearby owners/occupiers and signage on site

Objections Received: 1

Ward: Olympia

PROPOSAL

Details of the proposed amendments are as follows:

Relocation of basement car parking to above ground;

Increase in podium height from 1 storey to 4 storeys;

Removal of the western crossover and creation of 3 crossovers to Coomalie Crescent;

Reduction of retail floor area at ground level;



Increase the total number of apartments from 128 to 146 and associated internal reconfigurations;

Reduction of retail car parking spaces from 7 to 5;

Increase the number of car parking spaces for dwellings from 134 to 141 car spaces;

Relocation of communal open space from Level 1 to level 4;

Modifications to external architectural expression, particularly to the podium, including reconfiguration of fenestration;




Modification of a number of permit conditions to align with the amended plans; and

Modification to permit preamble to delete reference to Clause 52.07 (which no longer applies).

The advertised plans are included as Attachment 1.

Following public notice of the application to amend, and in response to concerns regarding treatment of facades and external composition of the buildings, further revised amended discussion plans were submitted to Council. These plans provided some changes to the external appearance of the building form through relocation of architectural features, including mesh screens and vertical fins, changes to location of ‘banding’ across building forms, addition of metallic gold coloured paint and addition of cladding strips. These plans are included as Attachment 2. These plans are considered an improvement to address the issues raised. For clarity and ease of comparison, the current endorsed plans are included as Attachment 3.




BACKGROUND

Planning Permit P312/2010 was issued on 31 January 2013. The permit allows for the construction of an 8-10 storey mixed use development on land at 294 Bell Street, Heidelberg West.

The permit has been amended twice on 22 September 2016 and 29 March 2017. The amendments involved changes to the permit preamble, permit conditions and plans. Both applications were put on public notice with no objections received.

The amended plans have been endorsed and the site has been cleared in preparation for development.


The subject site is located on the northern side of Bell Street at the intersection with Coomalie Crescent in Heidelberg West. It is directly adjacent to ‘The Mall’ shopping centre.

The site was previously occupied by a service station use, but is currently vacant. Access to the site is provided via crossovers from Bell Street, Coomalie Crescent and The Mall laneway.

To the north of the site is a car park associated with The Mall. Beyond the car park is a residential hinterland area of West Heidelberg. Bell Street forms the southern boundary and is a Road Zone Category 1 with three (3) lanes of traffic in each




direction. On the southern side of Bell Street is additional suburban residential development

The surrounding area is predominantly used for commercial/retail uses. Adjoining the site to the west is The Mall shopping centre comprising single and double storey shops and offices in an attached format, as well as several stand-alone retail buildings including an Aldi supermarket. To the east (on the opposite side of Coomalie Crescent) is the NMIT Heidelberg campus with a large car parking area and a mix of tertiary education buildings.

Locality Plan

PUBLIC NOTIFICATION

Formal notification of the application to amend the permit was undertaken in October 2019 via letters to surrounding landowners/residents and the placement of four advertising signs on the subject site.

One (1) objection was received during this advertising period. The objection was from a property located approximately 1.3 kilometres from the subject site. The objection raised concerns regarding noise from the raised car park and lack of landscaping. The concerns raised are discussed later in this report.

PLANNING CONTROLS

Control Clause Permit Triggered/Assessment Required

Commercial1 Zone 34.01 Yes Special Building Overlay 44.05 Yes




Development Contributions Plan Overlay

44.06 Payment of contribution required

Parking Overlay – Schedule 3 45.09 Yes Car Parking 52.06 Yes Bicycle Parking 52.34 Yes Urban Context Report and Design Response for Residential Development of Four or More Storeys.

52.35 Yes

Apartment Developments Clause 58 No

POLICIES CONSIDERED

The relevant Planning Scheme Policies are outlined in Table 2 below:

Table 2: Relevant Planning Scheme Policy Policy ClausePPFSettlement 11 Built Environment and Heritage (including sub clauses) 15 Housing (including sub clauses) 16 Economic Development 17 Transport 18 Vision and Strategic Framework 21.02 Land Use 21.04 Built Environment (Incremental area) 21.06 Transport and Infrastructure 21.07 Local Places 21.08 Reference Documents 21.09 Residential Neighbourhood Character Policy 22.02 Safer Design Policy 22.03 Environmentally Sustainable Development Policy 22.05

REFERRAL COMMENTS

Traffic

The proposal was referred to Council’s Traffic Engineers. Council’s Traffic engineers have advised that the proposal provides a suitable amount of parking overall, however each three bedroom dwelling should be allocated two car parking spaces. Council’s traffic engineers have advised and the parking and access layouts are generally acceptable, however some further modifications are required to achieve compliance with the requirements of Clause 52.06 of the Banyule Planning Scheme to ensure all vehicle movements can be appropriately undertaken. This will require additional conditions to be added to the planning permit.


The amended development is considered to be consistent with State and Local Planning Policies through the provision of a high density, mixed-use development




within a designated activity centre. Council must consider this application within the strategic context of the site location, impact of the changes relating to the amended building height, building appearance, number of dwellings and number of car parking spaces which are discussed below:

Strategic Context of the site

The objectives and decision guidelines of the Commercial 1 Zone (C1Z) and Planning Policy Framework must be considered in assessing whether the amended development is appropriate in the context of the site and surrounds. The C1Z seeks to 'create vibrant mixed use commercial centres for retail, office, business, entertainment and community uses' and ‘to provide for residential uses at densities complementary to the role and scale of the commercial centre.' The amended proposal, subject to conditions of permit, is considered to enhance the Heidelberg West Activity Centre, creating additional housing stock in an area close to commercial, transport and education services.

In response to the objectives and decision guidelines of the C1Z, the proposed changes will continue to provide appropriate drainage, traffic including car parking, rubbish collection and connections to utility services. The updated shadow diagrams included in the architectural plans show the extent of overshadowing caused by the proposed changes. The site's advantageous north side positioning on Bell Street ensures that overshadowing is limited to the roofs of adjoining shops, existing car parking area, and abutting streets, in particular Bell Street to the south. In regards to on-site amenity, the proposed changes will allow for greater solar access for future residents, as well as reduced noise and air quality issues from vehicles travelling along Bell Street.

Building Height

The overall change to height is in the order of an additional 3 storeys to both buildings, or 9.2 metres maximum. The zoning and overlay controls do not set a mandatory maximum height and the assessment of height is discretionary.

The assessment then is largely based on the way in which the additional height is perceived from the public realm and whether the additional height will have any detrimental impact to the public realm or other properties.

In this case, the additional height is considered acceptable. The buildings are already of a substantial height and at the upper levels, the difference made by the additional 9.2 metres will not be readily discernible from the public realm. The additional height does not cast additional shadows on the residential properties on the opposite side of Bell Street. The changes to the facade treatment at middle and upper floors mean the buildings will still have a good degree of visual interest with different treatments to different sections across the height of the buildings. At middle and lower floors, the yellow/gold architectural feature elements provide an eye catching highlight that runs across the building forms and joins the two towers and podium in a cohesive manner.

The result is that the building form reads as three dimensional with depth and visual interest right from the lower levels up to the higher levels and the height of the building form is not dominant or oppressive when viewed from the public realm.




Design Detailing

The previous approval had a podium height of between 1 to approximately 2 levels, which allowed for a street wall presentation of a scale in keeping with the character of the area. In particular, this allowed for a podium scale that was typical of two storey forms that are present elsewhere in the area. This also allowed for some sense of connection between activity on the street immediately outside the site and the areas of the development at the top of the podium level, including the communal open space area located between the two apartment towers. The rise of the podium to four levels changes this dynamic and the perception of the building. To address this issue, further visual interest, articulation and modulation was required to the podium. This included the introduction of public art, vertical green walls along the east and west facades, additional texturing through use of 200mm deep horizontal extrusions along the east and west facades, additional colouration and also the inclusion/increase of 1500mm deep canopy verandahs above footpath areas to both provide weather protection to pedestrians and to further break up the mass of the podium form.

Subsequent to the formal public notice period, the applicant has provided a further set of plans which include more detailing of these elements and some further changes to colours, materials and location of architectural elements to further improve the building appearance and tie it in to the local activity centre setting. This includes the use of black and gold colours synonymous with the suburb of Heidelberg through its local sporting teams.

The concept plans are considered to result in a design that provides a building form with good articulation and a massing that is appropriately ‘broken down’ into a number of modules that deliver a visually interesting development that does not overwhelm its surrounds.

Dwelling Numbers

The increase in dwelling numbers in this location is supported by planning policy, particularly one and two bedroom dwellings at a reasonable cost for smaller household types. The increased number of dwellings is supported by the provision of additional car parking spaces.

Commercial Floorspace

The amount of commercial floorspace is being reduced from 893 square metres to 210 square metres. The reduction is to the central part of the ground floor, where there was previously a large (635 square metre) space, with frontage to the western lane, in between the two residential foyers. This has now been replaced by car parking. This is considered acceptable, given the limited commercial attractiveness and likely viability of the previously proposed space. The commercial floorspace to the south that fronts on to Bell Street still remains and still provides sufficient activation of the building frontage to the main road environment. Furthermore, there remains considerable available retail floorspace in the adjacent Bell Street Mall to supply future needs in the activity centre.




Car parking and design

The changes to the amount and layout of parking meet the objectives of Clause 52.06 of the Banyule Planning Scheme. Council’s traffic engineers have reviewed the plans and submitted traffic report and have no objection to the amendments, subject to some additional changes which can be achieved through additional permit conditions.

The permit as originally issued allowed for a development with a statutory demand for 214 car spaces, but only providing 119 on site spaces i.e. a waiver/reduction of car parking in the order of approximately 95 car parking spaces. The plans at that time included 135 apartments, an 80 seat restaurant, shops, offices and a car wash.

The parking overlay has been introduced since the original issue of the permit and subsequent amendments. The parking overlay does not contain any transitional provisions. An approval to amend the permit cannot be amended unless the requirements of the parking overlay are met.

The development currently has an approval for 128 apartments and is provided with 146 residential car spaces.

The applicant proposes to now have 146 apartments (138 one or two bedroom, and 8 three bedroom apartments). Under the parking overlay, the proposal generates a parking requirement of 110.4 spaces for the 138, one and two bedroom dwellings, 16 spaces for the 8 three bedroom dwellings and 15 visitor spaces. This is a total of 141 residential spaces.

The amendment will result in a total of 146 apartments with a statutory requirement for only 141 spaces. The development will have 141 residential spaces satisfying this requirement.

For the retail (shop) uses, the parking overlay specifies a rate of 3.5 spaces per 100 square metres of floor area. In this case, the development proposes 210 square metres of commercial space and requires a total of 7 spaces. The plans show 5 spaces will be available for the commercial uses on site. Based on the previous reduction of 95 spaces and the lesser demand generated overall by the current proposal it is considered that this minor reduction of 2 spaces is acceptable.

Schedule 3 to the Parking Overlay provides that a permit may be granted to waive or reduce the amount of car parking required, however a permit cannot be granted to waive or reduce the amount of parking required to be provided for a shop, supermarket or office use based on the availability of parking in the locality.

In this case, it is not the availability of parking in the locality that allows for the reduction of parking to be approved, but rather the history of approvals on the site that provides comfort that the reduction is acceptable.

Objectors concerns

An objection has been received from a property located approximately 1.3 kilometres from the site. The objection raises concerns that there will be an increase in noise from vehicle movements within the above ground parking area. It is not envisaged




that there will be an adverse amenity impact in this regard from the change to the parking arrangement and layout. The site is located on a major arterial road, within the boundaries of an activity centre and there is currently and will continue to be generation of noise from a variety of activities in this location.

CONCLUSION

Overall it is considered the proposed development will result in a positive outcome for the subject site and surrounding area. Key to this conclusion is the identified need for new development to assist in the revitalisation of the Bell Street Mall.

The proposed amendments, whilst involving some addition in height, external changes and changes to dwelling and parking numbers, are generally of minor consequence having regard to the development as already approved, and are generally considered to provide for an improvement to the proposed development.

Whilst the heights of the proposed towers are recognised as being a departure from prevailing building heights in the area, it is considered there is sufficient strategic justification and policy support to warrant such a departure. Of paramount importance in this regard is the site’s location within a designated activity centre and the associated access services. The proposal is therefore considered appropriate and should be approved subject to conditions.

ATTACHMENTS

No. Title Page

1 Advertised Plans

2 Revised Concept Plans received after advertising

3 Current Endorsed plans



5.4 NEW TELSTRA PAYPHONES AND ELECTRONIC SIGNAGE - VARIOUS LOCATIONS

Author: Hayley Plank - Development Planning Team Leader, City Development

EXECUTIVE SUMMARY

Permits are sought for the display of electronic promotion signs (each 1.47m2 in area), to be established in conjunction with permitted Telstra payphones in eight locations within the municipality.

The proposals have been publicly notified and two objections have been received to each application, with additional objections received in relation to 65 Watsonia Road, Watsonia (three in total) and 78 Nepean Street, Watsonia (four in total).

The proposals are considered to appropriately respond to Council policy relating to signs and are considered acceptable having regard to the commercial contexts of the proposed locations, visual and residential amenity and traffic safety. Minor changes are considered necessary for some proposals to further reduce impacts on residential amenity and public safety.

It is considered that the proposal should be approved in all cases. Separate recommendations are included for 69 Martins Lane, Viewbank and 111 Mountain View Road, Briar Hill on the basis that amended plans will need to be submitted to reflect changes.

RECOMMENDATIONS

Recommendation A

That Council, having complied with Section 52, 58, 60, 61 and 62 of the Planning and Environment Act 1987, resolves to issue a Notice of Decision to Grant a Planning Permit in respect of Application Nos. P105/2019, P110/2019, P112/2019, P113/2019, P115/2019, P117/2019 for Display of electronic promotion sign (in conjunction with Telstra Smart City Pay Phones) at 40 Norman Street IVANHOE, 48 Aberdeen Road MACLEOD, 35 Watsonia Road WATSONIA, 57 Greville Road ROSANNA, 65 Watsonia Road WATSONIA and 78 Nepean Street WATSONIA subject to the following conditions:

1. The location and details of the sign and sign structure shown on the endorsed plans must not be altered except with the written consent of the Responsible Authority.

2. The sign permitted by this permit may only be displayed in conjunction with a Telstra payphone facility installed in accordance with Clauses 62.01, 62.02-1 and 52.19 of the Banyule Planning Scheme, unless otherwise authorised by a separate planning permit.

3. The sign permitted by this permit must be maintained in good condition to the satisfaction of the Responsible Authority.


NEW TELSTRA PAYPHONES AND ELECTRONIC SIGNAGE - VARIOUS LOCATIONS cont’d


4. No image may be displayed on an electronic sign for fewer than 10 continuous seconds.

5. The sign must always operate at or below the following luminance values (measured in candela per square metre (cd/m2):

Day-time – 2500 cd/m2

Dusk/dawn – 400 cd/m2

Night-time – 150 cd/m2

6. The advertising content of the signs must not:

a) Consist of more than one static image at a time.

b) Consist of a sequence of images giving the illusion of movement from one image to the next on any sign.

c) Contain or consist of images which are capable of being interpreted as projections beyond the face of the advertising screen, such as through the use of 3D technology.

d) Contain or consist of images which are capable of being interpreted as a continuous advertisement across multiple screens.

e) Contain or consist of sounds, video, movie or television broadcasts or the like.

f) Contain any flashing, blinking, brightening or fading background, text, images or other elements that create the illusion of movement or change.

g) Be capable of being mistaken for a traffic signal or a traffic control device.

h) Be a traffic instruction, or be capable of being mistaken as, an instruction to a road user. This includes the use of the wording stop, give way, slow, turn left or turn right.

7. The advertising sign must be shut down and cease any form of visual display in the event of:

a) An attack by a computer hacker, virus or similar resulting in the unauthorised display of visual images or messages,

b) Any malfunction of the advertising sign,

and the sign must remain in shut down mode until the attack is fully resolved or the malfunction is repaired.

Permit Expiry

8. In accordance with section 68 of the Planning and Environment Act 1987 and Clause 52.05 of the Banyule Planning Scheme, this permit will expire fifteen (15) years from the date of this permit.








Recommendation B

That Council, having complied with Section 52, 58, 60, 61 and 62 of the Planning and Environment Act 1987, resolves to issue a Notice of Decision to Grant a Planning Permit in respect of Application No. P116/2019 for Display of electronic promotion sign (in conjunction with Telstra Smart City Pay Phones) at 69 Martins Lane VIEWBANK, subject to the following conditions:

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

a) Reorientation of the sign so that it faces towards the east, to the satisfaction of the Responsible Authority.










(a) Consist of more than one static image at a time.

(b) Consist of a sequence of images giving the illusion of movement from one image to the next on any sign.




(c) Contain or consist of images which are capable of being interpreted as projections beyond the face of the advertising screen, such as through the use of 3D technology.

(d) Contain or consist of images which are capable of being interpreted as a continuous advertisement across multiple screens.

(e) Contain or consist of sounds, video, movie or television broadcasts or the like.

(f) Contain any flashing, blinking, brightening or fading background, text, images or other elements that create the illusion of movement or change.

(g) Be capable of being mistaken for a traffic signal or a traffic control device.

(h) Be a traffic instruction, or be capable of being mistaken as, an instruction to a road user. This includes the use of the wording stop, give way, slow, turn left or turn right.


(a) An attack by a computer hacker, virus or similar resulting in the unauthorised display of visual images or messages,

(b) Any malfunction of the advertising sign,


Permit Expiry






Recommendation C

That Council, having complied with Section 52, 58, 60, 61 and 62 of the Planning and Environment Act 1987, resolves to issue a Notice of Decision to Grant a Planning Permit in respect of Application No. P119/2019 for Display of electronic promotion sign (in conjunction with Telstra Smart City Pay Phones) at 111 Mountain View Road BRIAR HILL, subject to the following conditions:

1. Before the sign permitted by this permit is displayed, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved




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

(a) Dimensions added to plan to confirm at least a 1.2m separation between the existing buildings and the new location of the bin.










(a) Consist of more than one static image at a time.

(b) Consist of a sequence of images giving the illusion of movement from one image to the next on any sign.

(c) Contain or consist of images which are capable of being interpreted as projections beyond the face of the advertising screen, such as through the use of 3D technology.

(d) Contain or consist of images which are capable of being interpreted as a continuous advertisement across multiple screens.

(e) Contain or consist of sounds, video, movie or television broadcasts or the like.

(f) Contain any flashing, blinking, brightening or fading background, text, images or other elements that create the illusion of movement or change.

(g) Be capable of being mistaken for a traffic signal or a traffic control device.

(h) Be a traffic instruction, or be capable of being mistaken as, an instruction to a road user. This includes the use of the wording stop, give way, slow, turn left or turn right.





(a) An attack by a computer hacker, virus or similar resulting in the unauthorised display of visual images or messages,

(b) Any malfunction of the advertising sign,


Permit Expiry









Planning Permit Application: Various (see below)

Development Planner: Hayley Plank

Addresses: P105/2019: 40 Norman Street IVANHOE

P110/2019: 48 Aberdeen Road MACLEOD

P112/2019: 35 Watsonia Road WATSONIA

P113/2019: 57 Greville Road ROSANNA

P115/2019: 65 Watsonia Road WATSONIA

P116/2019: 69 Martins Lane VIEWBANK

P117/2019: 78 Nepean Street WATSONIA

P119/2019: 111 Mountain View Road BRIAR HILL

Proposal: Display of electronic promotion sign (in conjunction with Telstra Smart City Pay Phones)

Existing Use/Development: Road reserve

Applicant: JCDecaux Australia

Zoning: Commercial 1 Zone (all sites except 40 Norman Street, Ivanhoe)

Road Zone 2 (40 Norman Street, Ivanhoe)

Overlays: Design and Development Overlay (Schedule 11) (40 Norman Street, Ivanhoe only)

Design and Development Overlay (Schedule 8 (111 Mountain View Road, Briar Hill only)

Development Contributions Plan Overlay (Schedule 1) (all sites)

Vegetation Protection Overlay (Schedule 1) (111 Mountain View Road, Briar Hill only)

Vegetation Protection Overlay (Schedule 3) (40 Norman Street, Ivanhoe)

Vegetation Protection Overlay (Schedule 5) (35 Watsonia Road and 65 Watsonia Road, Watsonia)

Notification (Advertising): Notices to adjoining owners and occupiers

Notices in newspapers

Objections Received: 65 Watsonia Road, Watsonia – 3

78 Nepean Street, Watsonia - 4

All other sites - 2

Ward: Griffin, Ibbott, Grimshaw, Hawdon, Bakewell, Beale

The applicant is seeking approval for the display of illuminated electronic promotion signs, to be provided on the rear side of upgraded “Smart City Payphones” being installed in eight locations across the municipality. The upgraded infrastructure is




part of Telstra’s “Smart Media Network” initiative, providing upgraded formats of Telstra’s public communication products. The Smart City Payphone will include modern features such as publicly accessible wi-fi; a mobile interaction hub enabling mobile users to tap for instant digital content; USB charging ports; public transport information; a public emergency messaging system; and electronic screens.

In most situations, the new facilities will be replacing existing telephone booths in generally the same locations, although there are some examples where they will be relocated across roads or onto adjoining side streets. Most of the existing payphones contain non-electronic Telstra related advertising on their rear or side panels.

The signs will each have an area of 1.47m² (0.914m wide x 1.607m high) (see Figures 1 and 2 below). They will be illuminated, with brightness levels designed to adjust in accordance with the levels of light. It proposed that six advertisements will be displayed per minute, with an instantaneous transition time.

Figures 1 & 2: Elevations of proposed payphone and electronic signage

The applications are accompanied by legal advice confirming that no planning permission is required in relation to the telecommunications facility itself or the




display of Telstra related advertising on the rear screen. Permits are sought for the display of third party promotional signage only. It is noted that this approach is currently under review at both the Victorian Civil and Administrative Tribunal (VCAT) (declaration sought by the City of Melbourne) and the Federal Court (declaration sought by Telstra). To date, no determinations have been made on either of these applications. Nonetheless, based on the legal advice it is considered that the applications appear to be valid and should therefore be assessed and determined to ensure that a decision is made in accordance with the provisions of the Planning and Environment Act and to avoid an “out of time” review at the Victorian Civil and Administrative Tribunal. Should VCAT or the Courts make a declaration that questions the validity of the permits (if they are issued) then Council could seek cancellation of the permits or require additional permits at the time before the payphones are installed.

A further nine similar applications for signs around the municipality have also been received. These are all adjoining roads identified as Road Zone – Category 1 in the Planning Scheme and are all on hold pending further discussions with VicRoads.




SUBJECT SITES AND SURROUNDING AREAS

The proposed location of each sign is shown in Attachment 1.




40 Norman Street, IVANHOE

The upgraded payphone will replace an existing payphone in the same location, on the south side of Norman Street adjacent to the Ivanhoe Train Station. The site is adjoined by the train station building (HO190) and the railway lines to the south, with residential dwellings located to the north, on the opposite side of the road.

48 Aberdeen Road MACLEOD

The upgraded payphone will replace an existing payphone in the same location, on the east side of Aberdeen Road. The site is adjoined by small scale commercial buildings and uses to the west and public open space to the west, on the opposite side of the road.




35 Watsonia Road WATSONIA

The upgraded payphone will be located on road reserve on the north side of the intersection of Watsonia Road and Black Street. This location is approximately 163m to the north of the existing payphone (currently outside 75 Devonshire Road, Watsonia). The site is adjoined by small scale commercial buildings and uses to the north, south and west and public open space and car parking associated with the Watsonia Library and Train Station to the east. The proposed location will require the relocation of an existing seat.

57 Greville Road ROSANNA

The upgraded payphone will replace an existing payphone in the same location, on the north side of Greville Road, near its intersection with Miriam Street. The site is adjoined by a small neighbourhood shopping centre to the north and residential dwellings to the south and east.




65 Watsonia Road WATSONIA

The upgraded payphone will replace an existing payphone in the same location, on the north-west side of the intersection of Watsonia Road and Morwell Avenue. The site is adjoined by small scale commercial buildings and uses to the north and west and residential dwellings to the east, on the opposite side of the road.

69 Martins Lane VIEWBANK

The upgraded payphone will be located on the north-western side of the intersection of Martins Lane and Grantham Street. This is a relocation of approximately 9m to the south-east from its current location. The site is adjoined by a small neighbourhood shopping centre to the north and residential dwellings to the east and west. Viewbank Primary School grounds are located to the south, on the opposite side of the road.




78 Nepean Street WATSONIA

The upgraded payphone will replace an existing payphone in the same location, on the south side of Nepean Street. The site is adjoined by small scale commercial buildings and uses and associated parking to the south, with residential dwellings to the north, east and west.




111 Mountain View Road BRIAR HILL

The upgraded payphone will replace an existing payphone in the same location, in the middle of the small commercial centre located on the north-west side of the intersection of Mountain View Road and Sherbourne Road. The site is adjoined by small scale commercial buildings and uses to the east and associated car parking to the west. The proposed location will require the relocation of an existing rubbish bin.

PUBLIC NOTIFICATION

Public notices were sent to the owners and occupiers adjoining each application site. A public notice detailing all applications was also published in the Heidelberg Leader on 5 November 2019 and the Diamond Valley Leader on 6 November 2019.

To date, a total of two objections have been received for each application, except for 65 Watsonia Road and 78 Nepean Street, Watsonia where three and four have been received.

Grounds of objection are: Inappropriate use of public infrastructure. Inconsistent with Council’s Outdoor Advertising Policy. Impact on the character and amenity of the area. Impact on amenity of residential dwellings. Distraction for drivers. Pedestrian hazard. Should defer decisions until outcomes of Federal Court proceedings are

known.




REFERRAL COMMENTS

Internal referrals

Response Traffic No objection. Request a minor change to the location

of the relocated bin at 111 Mountain View Road. Property No objection. Advised that Telstra will likely exercise its

powers under Schedule 3 of the Telecommunications Act 1997 (Cwlth) regarding access, occupation and use of designated sites. Telstra is required to submit Land Access Notifications to Council prior to installation of any smart payphone facilities on existing and new sites. Consequently, there will be no specific property agreements in place.

Assets and Infrastructure Application details provided for information and comments sought. No concerns raised.

Operations Application details provided for information and comments sought. No concerns raised.

PLANNING CONTROLS


Table 1: Applicable Planning Controls Control Clause Permit

Triggered Commercial 1 Zone (C1Z) 32.08 No Road Zone (Schedule 2) (RDZ2) 36.04 Yes Vegetation Protection Overlay (Schedules 1, 3 & 5) (VPO1, VPO3 & VPO5)

42.02 No

Design and Development Overlay (Schedules 8 & 11) (DDO8 & DDO11)

43.02 No

Development Contributions Plan Overlay (Schedule 1) (DCPO1)

45.06 No

Signs 52.05 Yes

POLICIES CONSIDERED

Table 2: Relevant Planning Scheme Policy Policy ClausePPFPlanning for Places 11.01 Built Environment and Heritage 15 Economic Development 17 LPPFVision and Strategic Framework 21.02 Land Use 21.04 Built Environment 21.06 Outdoor Advertising Policy 22.01





Response to Outdoor Advertising Policy Clause 22.01 is a local planning policy relating specifically to outdoor advertising. It acknowledges that advertising signs are an important component of the built environment but must be appropriately designed and located. The policy contains a number of objectives which are set out in Attachment 2.

Council’s Outdoor Advertising Policy (revised December 2015) also sets out guidance. The policy does not encourage promotion signs but it is noted that the signs:

Are proposed in commercial centres which are characterised by signage and including promotional signage in some instances

Will replace existing Telstra signage. Are to be located on the payphones so that clutter is minimised. Will be orientated to face away from more sensitive interfaces such as

residential zones and dwellings. While illuminated, are appropriate having regard to road safety and amenity

considerations.

The payphones themselves will offer some free-of-charge services to the community and on balance, the associated promotional signage is considered to be appropriate. Further considerations are set out below in relation to the visual amenity and locations where there is a degree of residential interface.

Visual Amenity All of the application sites are within the Commercial 1 Zone, except for 40 Norman Road, Ivanhoe. The Commercial 1 Zone is the least restrictive zone in relation to signage and anticipates a greater level of signage and a mix of types of signage, including promotion and electronic signs.

The decision guidelines require Council to have consideration to the character of the area, including any sensitivities; and the cumulative impact of signage and need to avoid clutter. In most cases, the sign will be located within areas which are already characterised by advertising signs, associated with small scale shops and services. The electronic signs will be located within these centres but appropriately separated so they will not compete with existing signs or create the appearance of clutter.

The site at 40 Norman Street, Ivanhoe is zoned Road Zone – Category 2 and is adjoined by the Public Use Zone (Schedule 4) with General Residential Zone opposite. This area is considered more sensitive by the signage provisions within the planning scheme, although an electronic promotion sign up to 3m² is still contemplated. In addition, the proposed location of the sign adjoins buildings associated with the Ivanhoe Train Station, covered by HO190.

It is considered that the proposed sign in this location is acceptable, given the train station context and the existence of other promotional signage (e.g. on bus shelters) within the locality. The upgraded payphone will also be located in the same location as the existing and will not be adding a further visual element to the area. The payphone structure and sign will appear as a subservient element within the streetscape adjoining the much larger station building, as viewed from the west.




Residential Amenity While none of the signs will be located within Residential Zones, four of the applications (40 Norman Street, Ivanhoe, 57 Greville Road, Rosanna, 69 Martins Lane, Viewbank and 78 Nepean Street, Watsonia) would result in electronic signs operating within 30 metres of a residential dwelling.

All of these applications, with the exception of 69 Martins Lane, will be a straight replacement of an existing payphone with an upgraded facility in the same location. The existing payphones generally contain static advertising on the rear side and therefore, the visual impact of a sign already exists in these areas. The key difference is that the proposed signs will be electronic, with regularly changing content, and will be illuminated.

The signs at 40 Norman Street, Ivanhoe, 57 Greville Road, Rosanna and 78 Nepean Street, Watsonia will all be oriented so that they face towards commercial interfaces or railway tracks, rather than directly towards any residential dwellings. The closest dwelling in all instances with distant views is at least 60m away from the proposed sign. The application is supported by a Lighting Impact Assessment, which details that the illumination levels will be appropriately controlled to meet the maximum permissible luminance standards. This will be restricted through permit conditions.

In relation to 69 Martins Lane, Viewbank the sign will be established as part of a relocated payphone facility. The extent of relocation (approximately 9m) is not far and does not bring it into a contextually different environment. However, it is noted that the proposed orientation of the sign will result in it facing directly towards an existing dwelling at 65 Martins Lane. This dwelling will be separated from the sign by approximately 25 metres and appears to contain habitable windows on the Grantham Street façade facing the sign. This orientation will therefore have an unacceptable impact on residential amenity. An acceptable alternative would however be to flip the orientation of the sign, so that it faces east. The closest residential dwelling in this direction will be separated from the sign by over 30 metres and is set at a lower level, with high fencing to entirely screen any views.

Traffic Safety All signs are located on road reserves close to Council controlled roads. The impact on road safety is a key matter for assessment and consideration must be given to the extent to which the sign could become a safety hazard, particularly in terms of obstructing driver’s views; creating confusion with traffic control devices; or creating a distraction to drivers.

The location of all signs has been reviewed by Council’s Traffic Engineering Unit and there are no objections. The plans have been subject to a number of changes since their original submission to ensure the signs have been appropriately located and monitored to avoid obstruction and distraction for road users and take into account higher risk areas such as pedestrian crossings. A minor change is recommended to the plans for 111 Mountain View Road, Briar Hill, to clarify that a bin which is proposed to be relocated will be a minimum of 1.2 metres from the building line, which will ensure that it meets minimum clearance distances and does not impact public safety.




Use and Development of Payphone Facilities

All applications have been made on the basis that the payphones themselves are exempt from a planning permit, in accordance with Clauses 62.01, 62.02-1 and 52.19 of the planning scheme. Of particular relevance, Clause 52.19 requires that the facility be “a low impact facility as described in the Telecommunications (Low-impact) Facilities Determination 1997 (Cth)” to meet the exemption. The application is supported by a legal opinion prepared by Stuart Morris QC, which outlines how the payphone facilities will meet the definition of a “low impact facility”. It is acknowledged that the interpretation of this definition is one of the main points which will be considered by the Federal Court and VCAT.

If the courts determine that permits are required for the use and development of the payphones themselves, the applicant would be required to obtain these before the electronic signage could be established.

CONCLUSION

It is considered that the signs will be acceptable within the locations proposed. They will be consistent with the applicable planning controls and their siting and orientation has had appropriate regard to the relevant constraints and sensitivities of the area. It is therefore considered that each proposal should be supported.

ATTACHMENTS

No. Title Page

1 Location of proposed signs

2 Outdoor Advertising Policy Objectives



5.5 BANYULE ROAD AND BEVERLEY ROAD, ROSANNA - INTERSECTION SAFETY CONCERNS

Author: Matthew Welch - Traffic & Transport Engineer, City Development

Ward: Ibbott

Previous Items Council on 07 Oct 2019 7.00pm (Item 2.1 - Petition regarding Beverley Road and Banyule Road Intersection - Traffic Management)

EXECUTIVE SUMMARY

Council at its meeting on 7 October 2019 considered a petition regarding safety concerns at the intersection of Banyule Road and Beverley Road, Rosanna.

A road safety investigation of the Banyule Road and Beverley Road intersection has been undertaken, including several site observations and traffic speed and volume counts.

It is considered that works should be undertaken including significant pruning or removal of vegetation at the intersection to improve sight distance of oncoming vehicles, install two raised pavements on the approaches to the intersection, and a reduction of the speed limit to 40km/h on Banyule Road between McCrae Road and Austral Court.

Funding is required through the capital works program for the implementation of raised pavements.

RECOMMENDATION

That Council:

1. Undertake significant pruning or removal of vegetation that is obstructing sight distance at the Banyule Road and Beverley Road, Rosanna intersection.

2. Consult with affected stakeholders for a reduction in speed limit to 40km/h on Banyule Road, between McCrae Road and Austral Court, Rosanna.

3. Submit a formal application to VicRoads for a reduction in speed limit to 40km/h on Banyule Road, between McCrae Road and Austral Court, Rosanna, if consultation indicates there is support for this to occur.

4. Consider allocating $70,000 for design and construction of two raised pavements on Banyule Road, Rosanna approximately 50m east and west of Beverley Road as part of a future budget process.

5. Install two raised pavements on Banyule Road, Viewbank, once appropriate funding has been allocated and consultation has occurred.

6. Advise the primary petitioner of this resolution.


BANYULE ROAD AND BEVERLEY ROAD, ROSANNA - INTERSECTION SAFETY CONCERNS cont’d


COUNCIL PLAN

This report is in line with Banyule’s Council Plan key direction to “Support and promote health and wellbeing”.

BACKGROUND

A petition was received by Council with 10 signatures regarding safety issues at the Beverley Road and Banyule Road intersection. At its meeting on 7 October 2019 Council considered the petition and resolved:

“That Council:

1. Receives and notes the petition. 2. Council refer the petition to the Traffic and Transport Team for investigation. 3. The outcome of the investigation are to be reported at a future meeting. 4. Council advise the primary petitioner of this resolution.”

This report responds to item 3 of the Resolution.

LEGAL CONSIDERATION








CURRENT SITUATION

Banyule Road, between Rosanna Road and Rutherford Road is classified as a Collector / Distributor road under Council’s road hierarchy. Beverley Road is classified as a residential road but operates as a Collector / Distributor road.

A locality plan indicating the speed limits in these roads is provided in Figure 1.

Figure 1: Banyule Road and Beverley Road – Speed limits

The intersection of Beverley Road and Banyule Road can be described as a ‘modified T-intersection’ which aims to reduce traffic speed by changing the vehicle travel path and creating a slow point.

There is a pedestrian operated signal located 60 metres east of the intersection and a raised children’s crossing is in operation 180 metres west of the intersection, which serves Banyule Primary School students.

INVESTIGATIONS

A road safety investigation of the Banyule Road and Beverley Road intersection has been undertaken, including several site observations and traffic speed and volume counts.

The conditions at the intersection were assessed to determine whether or not motorists:

1. can perceive in a timely manner that they are approaching an intersection, 2. on Banyule Road can react and bring their vehicle to a stop before having a

crash with someone exiting Beverley Road, and 3. on Beverley Road find gaps in traffic on Banyule Road to turn out of Beverley

Road safely.




The presence of traffic islands on the modified T-intersection make it apparent to drivers that they are approaching an intersection. However the sightlines between drivers at the intersection is currently affected by vegetation on the nature strip.

Traffic Speed and Volume Survey

A speed and volume count was undertaken on Beverley Road approximately 300 metres south of the intersection with Banyule Road, for one week commencing 15 August 2019. Two counts were also undertaken on Banyule Road from both approaches to the intersection, for one week commencing 8 November 2019.

Table 1. Speed and volume count results for Banyule Road and Beverley Road

Location Direction Average Weekday

Volume (vpd)

85th

Percentile Speed* (km/h)

Speed limit

(km/h)

Banyule Road West of Beverley Road

Combined East West

3,615 1,666 1,949

47 47 47

40

Banyule Road East of Beverley Road

CombinedEast West

7,274 3,413 3,153

54 56 55

50

Beverley RoadSouth of Banyule Road

CombinedNorth South

4,712 1,986 2,726

50 50 50

50

*The 85th percentile speed is the speed at which 85% of the vehicles are travelling at or below. It is the recommended figure used in accordance with Australian Standards for speed controls.

Banyule Road

The speed and volume count results indicate that the 85th percentile speed on Banyule Road, west of Beverley Road, is 47km/h in the eastbound direction (approaching the intersection), which is 7 km/h above the speed limit in this section. The 85th percentile speed east of Beverley Road, is 55 km/h in the westbound direction, which is 5 km/h above the speed limit in this section.

Beverley Road

The count results indicate that speeds are in line with the 50km/h speed limit that applies on Beverley Road. Average daily vehicle traffic is 4,712 per day.

The data for Banyule Road shows that traffic volume is 1,747 vehicles per day higher in the eastbound direction, east of the intersection with Beverley Road. This indicates that a significant amount of vehicles perform a right turn movement, from Beverley Road onto Banyule Road. Further analysis of the data also shows that Beverley Road can be used as a ‘rat-run’ in the morning and afternoon peak, by motorists likely attempting to avoid delays on Rosanna Road.




Driver’s behaviour

Off-peak time

Vehicles were observed to decelerate and travel through the modified T-intersection in a safe manner. Due to the lower traffic volume at this time vehicles are able to turn from Beverley Road onto Banyule Road with relative ease.

Morning Peak (7:00am-9:00am)

Due to the high volume of vehicles on Banyule Road, vehicles attempting to turn right from Beverley Road are delayed as they wait for a sufficient gap to undertake the turn. However, due to the low volume travelling in this direction queues occur infrequently. A significant percentage of westbound traffic on Banyule Road turns left onto Beverley Road.

A high volume of pedestrians and students from Banyule Primary School and Viewbank College are also present between 8:00am-9:00am.

Afternoon Peak (3:00pm-6:00pm)

Due to the high volume of vehicles on Banyule Road, vehicles attempting to turn right from Beverley Road are delayed as they wait for a sufficient gap to undertake the turn. Congestion occurs on Beverley Road when multiple vehicles attempt to turn right onto Banyule Road at the same time. Queue lengths can span back to Simon Court and would range between 10 to 15 vehicles. When these delays occurred, motorists were observed to be impatient and seen to enter Banyule Road with insufficient gaps between traffic.

PROPOSAL

Vegetation and Landscaping

Vegetation located on the nature strip of corner properties is currently acting as a significant obstruction to oncoming vehicles. Pruning or removal of vegetation indicated in figure 2 is recommended to be undertaken, this will likely increase visibility on both approaches by an additional 10 to 15 metres.

Figure 2 - Vegetation Obstructing Sight Distance




Speed Limit Change

Currently there is a 40km/h speed limit in place on Banyule Road, which ends at the McCrae Road intersection. Considering the high volume of school children and pedestrian activity on the street, extending the 40km/h zone so that it is in place between McCrae Road and Austral Court would be beneficial. This will increase pedestrian safety, particularly at the pedestrian operated signal within this section of the road.

Reducing the speed limit to 40km/h would also increase safety at the intersection. When vehicles travel at 40km/h the reaction time for motorists is significantly increased (relative to reaction time at a 50km/h design speed) and the distance travelled by the vehicle before stopping is reduced.

Changes to speed limits requires VicRoads endorsement through their Safe System Road Infrastructure Program (SSRIP). For non-urgent speed zone changes significant public feedback should be sought to understand the impact the reduction will have. Once community consultation has been undertaken a formal application is required to be submitted to VicRoads and the SSRIP for endorsement before any changes can be implemented.

Raised Pedestrian Operated Signals

Whilst sight observations indicate that vehicles are able to travel through the modified T-Intersection in a safe manner, it is evident from the speed and volume data that the ‘slow point’ on its own, is not effectively reducing vehicle speeds on this section of Banyule Road. Considering this, additional speed reduction devices are recommended to more effectively lower vehicle speeds. To address speeding concerns on both approaches to the intersection it is recommended to install a raised pavement at the following locations on Banyule Road:

At the pedestrian operated signal, east of the intersection. Between the crossover of 62 Banyule Road and McCrae Road.

The raised pavement at the pedestrian operated signal would also improve pedestrian safety, by increasing visibility of the crossing.

Other options

As per the original petition, the installation of a roundabout, traffic lights and a convex mirror was also investigated.

A roundabout is not appropriate for this intersection, due to the angle of the roads, other infrastructure and unbalanced traffic volumes. It is considered that it would reduce visibility for Beverley Road traffic and the hold line would move further south. Furthermore, it is not suitable for pedestrians as vehicles have priority over pedestrians attempting to cross the road.

The intersection does not meet the warrants for traffic lights as there is an insufficient amount of vehicles on Banyule Road and Beverley Road. The cost of signals is also considered prohibitive. It is unlikely that external funding from other government agencies would be available.




The installation of a convex mirror is also considered to not be an appropriate solution as they give a distorted view of traffic and adequate sight distance are available.


Approximate cost estimate for design and installation of two raised pavements on Banyule Road is $70,000. The costs associated with preliminary consultations with the community can be undertaken within current operational budgets.




CONCLUSION

Council at its meeting on 7 October 2019 considered a petition regarding safety concerns at the Banyule Road and Beverley Road intersection. Investigations have confirmed that speed and volume of vehicles at the intersection are high and visibility of oncoming traffic is somewhat restricted. Therefore, alterations should be made to improve safety and functionality at the intersection.

Following investigation, the suggestion is to:

Undertake significant pruning or removal of vegetation at the intersection to increase sight distance from Beverley Road, in both directions of Banyule Road;

Begin consultation with affected stakeholders for a reduction in speed limit to 40km/h on Banyule Road, between McCrae Road and Graham Road; and

Design and install two raised pavements on Banyule Road.

The installation/design cost of two raised pavements is likely to be in the order of $70,000 which will need to be considered for future funding through the Capital Works Program.

ATTACHMENTS

Nil



5.6 COUNCIL REPORT BELLFIELD PLANNING SCHEME AMENDMENT C153 AND COMMUNITY CONSULTATION REPORT

Author: Walla Idris - Development Planner, City Development

Previous Items Council on 25 Feb 2019 7.00pm (Item 5.4 - Bellfield Urban Design Guidelines and Community Consultation Report)

Council on 28 Oct 2019 7.00pm (Item 7.2 - Bellfield Redevelopment (Planning Scheme Amendment, Community Centre and Housing Project) Update)

Council on 19 March 2018 (Item 11.1 - Bellfield Master Plan Implementation)

EXECUTIVE SUMMARY

Planning Scheme Amendment C153bany (PSA) has been prepared to facilitate the redevelopment of land occupied by the former Banksia La Trobe Secondary College, Hi City, the existing Bellfield Community centre and the existing Bellfield Community Garden. Council received authorisation from the Minister to exhibit the Amendment. Exhibition of the PSA and three drop-in sessions were competed over 6 weeks during October and November 2019.

The PSA included rezoning some of the land and included a new Development Plan Overlay to enable redevelopment as envisaged in the Bellfield Urban Design Guidelines which were endorsed by Council at the Council meeting on 25 February 2019.

Public exhibition for Amendment C153bany commenced on 10 October 2019 and concluded on 18 November 2019. Council received feedback from six (6) different parties: one (1) submission in support, one (1) submission in support but requesting changes, one submission raising issues with the amendment and three parties who provided comments are not considered formal submissions. The submissions received during the exhibition period are presented both in this report and the attached submission summary report. Council is undergoing discussions with submitters to see if their issues can be resolved prior to a Planning Panel.

In line with the Planning and Environment Act 1987 Council is required to review submissions and consider its response to those which request a change to the amendment. Given that some of the opposing submissions cannot be resolved, referral to an Independent Planning Panel is considered appropriate at this time.

RECOMMENDATION

That Council:

1. Receive and note the submissions to Amendment C153bany to the Banyule Planning Scheme in accordance with Section 22 of the Planning and Environment Act 1987 as shown in the table at Attachment 1.

2. Continue to negotiate with submitters to resolve key issues in an effort to negate the need for their submissions to be referred to the Planning Panel.


COUNCIL REPORT BELLFIELD PLANNING SCHEME AMENDMENT C153 AND COMMUNITY CONSULTATION REPORT cont’d


3. In the event that submitters’ concerns are not addressed, refer unresolved submissions to Planning Scheme Amendment C153bany to an Independent Planning Panel in accordance with Section 23 of the Planning and Environment Act 1987.

COUNCIL PLAN

This report is in line with Banyule’s Council Plan key direction to "Preserve and improve Banyule as a great place to live, work and play".

BACKGROUND

The redevelopment project at Bellfield is located on land bordered by Oriel Road, Banksia Street, Perkins Avenue and the Waratah School. This land includes part of the former Banksia La Trobe Secondary College as well as Council owned land located at 96, 98 and 100 Oriel Rd, with current tenants being the existing Bellfield Community Centre and Garden and the Hi City specialist packaging business.

The Bellfield Urban Design Guidelines (UDG) sets out the general design requirements and future aspirations for the site. The UDG identifies three general precincts: the Park and Village Precinct, the Neighbourhood Precinct and the Community Precinct, which includes a new Community Hub, relocated community garden and social housing.

The UDG were endorsed by Council at the Council Meeting on 25 February 2019. The final UDG incorporates the feedback obtained during a 10 week community consultation program to ensure the future redevelopment not only meets community aspirations but creates a sense of community pride with a positive legacy into the future.

In order to ready the site for new residential development on the Park and Village and Neighbourhood Precincts of the site, a Planning Scheme Amendment C153 is underway.

PSA C153 proposes to: i. Rezone 96, 98 and 100 Oriel Road from Public Use Zone (PUZ6) and

General Residential Zone (GRZ1) to Residential Growth Zone (RGZ2). This rezoning will allow a variety of housing types to be built on the land, including medium density housing and apartments.

ii. Include a Development Plan Overlay Schedule 8 (DPO8) on 96-100 Oriel Road and 232 Banksia Street. This Development Plan Overlay will allow the implementation of the Bellfield UDG.

iii. Remove a Restrictive Covenant from land at 98 Oriel Road. The Restrictive Covenant currently in place restricts the land usage for the purposes of an Australian Disability Employment Enterprise only (formerly known as a Sheltered Workshop).

iv. Make associated changes to the Banyule Planning Scheme, which includes Amending Clause 21.04 Land Use and Clause 21.06 Built Environment to reflect the associated changes with the amendment.




The objectives of DPO8 are not only to facilitate redevelopment of the site as envisaged in the UDG but to:

i. Deliver a high-quality, integrated development that caters for a range of lot densities and housing choices that respond and manage site features and constraints;

ii. Create a positive interface with adjacent public open spaces, giving appropriate consideration to issues of safety and surveillance; and

iii. Provide safe and integrated pedestrian and vehicular connections, both within the development plan area and with neighbouring land.

LEGAL CONSIDERATION





Locality Plan

Figure 1: The subject site




CONSULTATION FOR AMENDMENT C153bany

Amendment C153bany was publicly exhibited for six weeks, from 10 October 2019 to 18 November 2019. Consultation included:

Direct notice to neighbouring landowners and occupiers Direct notice to parties to the Bellfield Masterplan Direct notice to public authorities, prescribed Ministers, State and Federal

Members of Parliament Information on Council’s website and on Shaping Banyule including an online

submission form Notice in the Heidelberg Leader and Government Gazette Information at Council’s Greensborough, Rosanna and Ivanhoe office Three community drop-in sessions at Bellfield Community centre

SUBMISSIONS FOR AMENDMENT C153bany

Council received feedback from six (6) different parties: one (1) submission in support, one (1) submission in support but requesting changes, one submission raising issues with the amendment and three parties who provided comments but are not considered formal submissions. A detailed summary of submissions and Council’s initial response is provided at Attachment 1. The following is a general summary of comments made:

In support of the amendment:

Traffic access arrangement is supported as it avoids potential conflict with public transport operations.

The inclusion of social housing is supported however further provision for co-housing model and diverse housing typologies is recommended.

Opposing the amendment:

One submission comprised the following four issues; insufficient car parking for residents, increased traffic congestions, pedestrian safety, and increased dwelling density.

Comment on the amendment:

Comments were provided from three parties opposed to the closure of Hi-City and associated covenant removal.

DISCUSSION

In support of the amendment (Two submissions)

A submission was received from Department of Transport which supported the PSA and indicated that it was satisfied with both access to the site and agreed the rezoning would not affect transport operations.

One of the submissions in support of the amendment requested changes. This submission was received from Co-housing Banyule. Council Officers met with Co-housing Banyule representatives on 25 November 2019 to discuss their key




concerns which centre around the proposed controls in the PSA not proving enough explicit direction to cater for co-housing as part of the proposed private residential development.

Changes were suggested by Co-housing Banyule for both the Banyule Planning Scheme and the proposed Development Plan Overlay (DPO) to be applied to the residential development land. The changes to the Planning scheme and DPO have been listed below (italicised type is verbatim from the submission):

Land use (Clause 21.04 of the Banyule Planning Scheme) – ‘include different house delivery typologies and tenure models’

Housing types (Clause 21.04-1.1 Objective 2) – ‘provide more diverse forms of housing typologies including community-led/deliberative developments’

Housing affordability (Clause 21.04-1.1 Objective 3) – ‘encourage housing typologies and tenure arrangement that support housing affordability’

Implementation (Clause 21.04-1.2) - ‘strategic redevelopment sites such as Bellfield where opportunities for diversity of housing typologies has been identified’

Clause 43.04 Schedule 8 DPO – all the changes to the DPO relate to ‘increasing the diversity of housing typologies and delivery models’ with built form requirements that include ‘flexibility for the siting of car-share spaces’ and ‘design that gives priority to informal social and community interaction’

There are also numerous other changes requested to the DPO which include:‘flexibility to reduce private lot requirements’, ‘well designed communal open space and landscaping’, ‘opportunities for car and/or cycle share’, ‘promotion of innovative forms of housing especially for ageing in place and deliberative housing’, and ‘encouragement of affordable housing’

A formal response is being prepared to this submission and will include points that were discussed with Co-housing Banyule including:

The opportunity to provide additional commentary (which is over and above what is already agreed as part the Masterplan and Urban Design Guidelines (UDG)) and have that commentary incorporated into the Banyule Planning Scheme is not part of the PSA process. There was opportunity to comment on the UDG when they were exhibited in 2018. The PSA is a separate process and shouldn’t be used a means of including further requirements in, what is already, a Council adopted document.

The illustrative Masterplan that was exhibited in 2018 has always shown social housing to be part of the PUZ6 land and that is the area, agreed by Council, to be dedicated for this purpose, hence the current Amendment does not need to include a separate affordable housing component.

Requesting changes to the Banyule Planning Scheme on the basis of including housing diversity on a single site is inappropriate since the Scheme applies to the entire municipality. In addition, the PSA for 3081 (currently sitting with the Minister for Planning for approval) incorporates the deliberative development options being sought by Co-housing Banyule. Bellfield is not part of the 3081 PSA.

Council has already resolved to offer part of the adjacent Public Use Zoned (PUZ6) land for social housing hence there is no intention that any of the additional residential development land be used for co-housing or affordable housing.




Encouragement of diverse housing typologies and tenure models should be addressed under a separate process to this PSA as it relates to general housing need across the municipality, not just Bellfield. Altering wording in Councils Municipal Strategic Statement and local planning policy framework requires further strategic justification in the form of a review of Council’s Housing Strategy which is something that Council could consider to so in the future.

Council officers will continue to work with Co-housing Banyule to mitigate their concerns.

Opposing the amendment (One submission)

The submission opposing the amendment was based on the increased traffic generation the development presents and associated issues with this including insufficient car parking, traffic congestion and pedestrian safety. Attempts have been made to contact this submitter to discuss their concerns. A letter was sent addressing each of their concerns and pointing them to the traffic assessment completed as part of the Bellfield Planning Framework document which was made available during the six week exhibition period. It was pointed out that the Planning Framework includes a Transport Impact Assessment which confirms:

That traffic volumes generated by the proposed development are very low and anticipated to have a negligible impact in the surrounding road network;

Shared paths and bicycle parking throughout the site will be provided to encourage cycling as a mode of transport for residents and visitors; and

The proposed developments on the site can accommodate the additional car parking within the precinct through individual garages, carparking under the apartment buildings and on-street carparking on internal roads.

No response has been received from the submitter as yet.

Comment on the amendment (Three Comments):

Three (3) of the submissions raised concerns with the closure of HiCity (Bedford) and the covenant removal. The individuals did not want any changes made to the amendment, but rather asked that the amendment be put ‘on hold’ until there is resolution with HiCity (Bedford) for workplace security and housing for workers.

A response has been provided to the individuals advising that their comments are not considered valid in relation to the PSA because:

The comments do not relate to the proposed Amendment to the Banyule Planning Scheme. The opposition appears to be on the basis that Bedford have not acquired another property to accommodate the workers impacted by its decision to cease operations in Victoria. The commercial decisions of Bedford have no relevance to the Banyule Planning Scheme.

The submission needs to provide details on how the amendment materially affects the submitter and should respond to the specific strategic planning basis for the amendment or detail the relevant planning considerations upon which the submitter’s view is based.

The covenant currently on title was to protect Council. Council gifted the property to Oriel Services (now called HiCity) in the 1970s for use as a ‘sheltered workshop’. The covenant was put in place at Council’s request so that the owners




at the time could not use the premises for any other purpose. No other party has benefit of covenant and its removal is now straight forward given that Council has ownership of the land once again. Removal of the covenant does not change its current use since there is still a lease on the property with Bedford Group until October 2020.

There are no changes requested to be made to the Planning Scheme Amendment in the comments provided. The request is that PSA be placed ‘on hold’ until there is resolution with Bedford regarding workplace security and housing for workers. There is not a planning-based reason to postpone the Amendment and, again, is an issue that requires resolution via a different forum and not as part of a planning scheme change.

The e-mail response provided by Council to each submitter went further, asking each submitter to confirm whether they consider the comments provided to be a legitimate submission to C153 and therefore formally considered as such by contacting Council as soon as possible. No response was received from any of the three submitters.

All the individuals who lodged comments on the amendment were invited to meet with Council representatives to discuss the PSA as well as an update on the current discussions being had with HiCity (Bedford). A Council Meeting held on 18 November 2019 gave the three parties an opportunity to address their concerns regarding the transition of Hi-City employees. None of the parties chose to speak at this meeting. Council resolution at this meeting included a note that a report to Council on exhibition of the Planning Scheme Amendment C153 (PSA) for the Bellfield precinct, which incorporates the HiCity (Bedford) site at 98 and 98a Oriel Road, Bellfield, will be provided at the 9 December 2019 Council meeting (i.e this report).

There will be a continued effort to work with submitters to resolve outstanding issues. Any submissions which cannot be resolved will require consideration by an independent Planning Panel.


Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter.

CONCLUSION

Public exhibition of Planning Scheme Amendment C153 has provided all parties with an opportunity to make a submission. Council received feedback from six (6) different parties: one (1) submission in support, one (1) submission in support but requesting changes, one submission raising issues with the amendment and three parties who provided comments are not considered formal submissions.

There will be a continued effort to work with submitters to resolve outstanding issues. Any submissions which cannot be resolved will require consideration by an independent Planning Panel in accordance with section 23 of the Planning and Environment Act.




ATTACHMENTS

No. Title Page

1 Bellfield C153 Submission Summary



5.7 HURSTBRIDGE RAILWAY LINE UPGRADE STAGE 2 - URBAN DESIGN PRINCIPLES AND PROJECT UPDATE

Author: Paul Bellis - Transport Planning & Advocacy Coordinator, City Development

Previous Items Council on 07 Oct 2019 7.00pm (Item 5.6 - Major Transport Projects and North East Link Update)

EXECUTIVE SUMMARY

The Level Crossing Removal Project (LXRP) recently announced the upgrade of the Hurstbridge Railway line between Greensborough and Eltham. The project will include:

New Station at Greensborough Upgrade of Montmorency Station 3km track duplication Greensborough to Montmorency 1.5km track duplication Diamond Creek to Wattle Glen (in Nillumbik) Additional commuter parking at both Greensborough (100 spaces) and

Montmorency (30 spaces) Stations Site investigations, survey, planning and initial community consultation has commenced. A second stage of community consultation regarding a Planning Scheme Amendment and the preliminary design is expected in early 2020.

Construction is scheduled to commence in late 2020 and be completed by the end of 2022.

A review of the relevant Council strategies has been undertaken, to create a set of urban design and environmental principles to assist in responding to the Urban Design Framework being prepared by LXRP for this project.

Advocacy will continue for the inclusion of a bus interchange at Greensborough Station, a shared path from Greensborough to Eltham and the urban design and environmental principles being implemented in the project.

Involvement will be maintained in the various stages of planning, design and construction of the project.

RECOMMENDATION

That Council:

1. Adopts the following urban design principles for Hurstbridge Railway Line Upgrade Stage 2:

General principles


HURSTBRIDGE RAILWAY LINE UPGRADE STAGE 2 - URBAN DESIGN PRINCIPLES AND PROJECT UPDATE cont’d


a) Promotes permeability between station precinct and neighbouring suburbs to enhance access for locals including intuitive wayfinding, energy efficiency LED public lighting and surveillance.

b) Promotes permeability between station precinct and neighbouring suburbs

to enhance access for locals including intuitive wayfinding, lighting and surveillance.

c) Follows the principles of CPTED that promotes surveillance and safety

d) Promotes pedestrian zones and minimises conflict between pedestrians and

cars. e) Establishes and provides infrastructure for multi-modal transport options to

travel to station precinct including shared pathways, bike parking facilities and water fountains.

f) Infrastructure and landscaping to be at a scale consistent with the local

character and physical demands of the site. g) Preference be given to use of 100% renewable materials including low

carbon asphalt and concrete. h) Incorporate the use of water sensitive urban design elements, including

stormwater re-use. i) Seek to minimise native vegetation losses which interface the rail corridor

and offset any losses with 5:1 commensurate plantings. j) Re-use any of the existing materials where possible within the station

buildings, forecourts or civic spaces k) Create flexible, active public spaces beyond the station precinct to promote

community engagement l) Provide for shared user path along the rail corridor, connecting with existing

local routes and access to the stations m) Ensure ramps and rail infrastructure are integrated into the overall design of

the station n) Establish new well-connected public open spaces within each of the centres

with incorporated public art nodes; visual links and opportunities for community engagement events.

Greensborough specific:

o) Seek the best possible integration of the train station beyond the rail reservation with this important activity centre and in particular, strongly supports the new stations will need to maximise public value by taking a precinct wide approach that encourages integrated land development around stations.

p) Supports achieving the principles of the Greensborough Structure Plan including sustainability, innovative urban design, diversity, ease of movement and connectivity, a greener Greensborough, public realm, and an integrated centre.

q) Provide level access through lifts, ramps or escalators r) Creates a lasting public infrastructure legacy capable of catalysing urban

renewal and realising the maximum benefit that policy demands of a project of this nature – including modal shift through high quality design, ease of use and visual integration with the activity centre.




s) Establishes Greensborough as multi-modal transport hub including an

integrated bus interchange, commuter and taxi drop-off/pick-up zone adjacent to the Greensborough station entry.

t) Ensure station location and connection with the Greensborough town centre

is prioritised and strengthened u) Creates a strong and seamless transition between activity centre and

station precinct at a pedestrian scale to meet the demands of the changing levels

Montmorency specific:

v) Delivers high quality public realm outcomes sympathetic to the look and feel of Montmorency’s urban village.

w) Delivers safe and highly visible pedestrian connectivity to Were Street activity centre via a new fit-for-purpose crossing.

x) Ensure the station design response respects the Montmorency character

and built form. y) Pedestrian priority in transition zones to minimise conflict between car and

pedestrians. 2. Continues to advocate for the inclusion of a bus interchange at

Greensborough Station and a shared path from Greensborough to Eltham as part of the Hurstbridge Railway Line Upgrade Stage 2.

COUNCIL PLAN

This report is in line with Banyule’s Council Plan key direction to “Support sustainable transport”.

BACKGROUND

The Level Crossing Removal Project (LXRP) recently announced that the upgrade of the Hurstbridge Railway line between Greensborough and Eltham is being developed by a project team and design options will be developed after their consultation that commenced in November 2019. The project will include:

New Station at Greensborough Upgrade of Montmorency Station 3km track duplication Greensborough to Montmorency 1.5km track duplication Diamond Creek to Wattle Glen (in Nillumbik) Additional commuter parking at both Greensborough (100 spaces) and

Montmorency (30 spaces) Stations

It is understood an integrated bus interchange at Greensborough is not currently funded as part of the project scope, although indications were previously made that it would be. It is considered essential that a new bus interchange is provided at Greensborough and appropriate advocacy is being undertaken. In addition, a shared user path along the rail corridor has also been omitted from the scope. These works, together with other complementary projects, were identified in the Greensborough Activity Centre Transport Masterplan.




Supporting Strategy

Relevant Council strategies that relate to the project have been examined and are summarised below.

Consideration has also been given to Council’s climate action and emissions reduction objectives.

Transport Advocacy Projects List

This list was adopted by Council at its meeting of 10 December 2018 (CO2018/272). An extract of the relevant projects are as follows:

Public transport:

Ensure the provision of bus shelters at all bus stops in Banyule. Design and construct a fully accessible Greensborough Transport

Interchange to facilitate bus to rail and bus to bus connectivity and provide a major hub for public transport in the Northeast region.

Reconfigure Para Road and the Para Road/ Flintoff Street intersection to facilitate bus, pedestrian, and cycling movement to the proposed Greensborough Transport Interchange.

Provide a minimum 10 minute frequency on all Hurstbridge line rail services and all Smartbus services.

Provide improved bus priority and walking and cycling amenity on Grimshaw Street between the Circuit and Para Road in Greensborough.

Duplicate Hurstbridge Railway line from Greensborough to Eltham Conduct a comprehensive review of bus routes and services in Banyule. Upgrade signalling systems to provide modern in train signalling on the

Hurstbridge Rail line. Provide a bus interchange reconfiguration in Main Street Greensborough to

improve pedestrian ease of use. Streets and Public Spaces:

Conduct a Movement and place investigation in the Greensborough Activity Centre.

Banyule Integrated Transport Plan 2015

Themes:

Transport accessibility and mobility for all members of our communities; Land use and development that encourages active and public transport use; The provision of walking and cycling infrastructure and facilities; The provision of public transport infrastructure and services; A local road user hierarchy that prioritises walking, cycling, and public

transport before private vehicles; and Advocacy and leadership on all of these important transport considerations to

ensure the best outcomes for our communities. Walking and Cycling:

A19 - Provide paths between walking routes and public transport modes. A21 - Consider the needs of pedestrians in transport infrastructure upgrades.




A28 – Support the implementation of the Northern Regional Trails Strategy to improve links through and beyond Banyule. Noting that the NRTS proposed trails includes the Greensborough to Eltham Link Trail that follows the Hurstbridge rail line.

A29 – Advocate for the completion of the Principle Bicycle Network across Banyule. Noting that the priority routes of the PBN are the Strategic Cycling Corridors (SCCs). In Banyule this includes a planned C1- SCC from the proposed North East Link to Greensborough then along the Hurstbridge rail alignment towards Eltham (similarly to the NRTS route outlined above).

A30 – Develop and extend the existing bicycle network of links between our key destinations, and work with neighbourhood councils and the State government to strengthen the suburban bicycle network.

A37 – Co-fund the provision of Parkiteer cages at railway stations in conjunction with PTV Noting that this is interpreted to include bike parking provision at stations regardless of the type (cage or racks).

Public Transport:

A39 – Support 10 minute frequencies for trains and premium bus services A40 – Support increased services lining key destinations within and beyond

Banyule. A42 – Support the provision of safe and comfortable waiting areas at bus

stops. A43 – Work with the State Government and other stakeholders to improve

integration between public transport, walking and cycling.

Greensborough Transport Masterplan – Nov 2017

Objectives

Improve public transport including: a new integrated Greensborough Transport Interchange, improved bus routes, stop locations, frequency and services within and to Greensborough, duplication of the Hurstbridge rail line between Greensborough and Eltham, and a 10 minute rail service frequency to Greensborough.

Manage through traffic to facilitate pedestrian, cycling, and public transport priority in the Greensborough Activity Centre.

Improve pedestrian access within the Greensborough Activity Centre. Improve cycle access to and within the Greensborough Activity Centre.

LEGAL CONSIDERATION








ADVOCACY

Council has recently resolved to write to the Minister for Transport Infrastructure and relevant local members of parliament regarding the omission of the bus interchange at Greensborough Station from the scope of the project and requested a meeting to progress this matter.

Advocacy should also continue for a shared path from Greensborough to Eltham as part of the project.

CURRENT SITUATION

The LXRP will create an Urban Design Framework to inform the design of the Hurstbridge Railway Line Upgrade. Council representatives will work with the project team to create this document. To enable this some urban design and environmental principles have been prepared for consideration by Council.

The LXRP is also currently undertaking preparatory site investigations, survey and service proofing, in addition to completing a planning scheme amendment for progressing an application for planning approval of the project.

CONSULTATION

The LXRP have recently completed their first stage of community consultation. Further consultation will be undertaken on the planning scheme amendment and the project design in the first quarter of 2020.

DISCUSSION

To ensure that the LXRP Urban Design Framework appropriately considers the local context and issues of the Banyule community, a list of urban design and environmental principles have been developed.

The Rosanna Urban Design Guidelines – Dec 2016 were developed in anticipation of the Hurstbridge Line Duplication – Stage 1 between Heidelberg and Rosanna (which was completed in December 2018). The principles within these guidelines have been reviewed and adapted for Stage 2 of the Hurstbridge Line upgrade.

Overarching urban design and environmental principles to guide the design and development of the Hurstbridge Railway Line Upgrade Stage 2, that can be applied (separately) to the development of the new station at Greensborough and the station upgrade at Montmorency include:

General principles

Promotes permeability between station precinct and neighbouring suburbs to enhance access for locals including intuitive wayfinding, energy efficiency LED public lighting and surveillance.

Promotes permeability between station precinct and neighbouring suburbs to enhance access for locals including intuitive wayfinding, lighting and surveillance.

Follows the principles of CPTED that promotes surveillance and safety

Promotes pedestrian zones and minimises conflict between pedestrians and cars.




Establishes and provides infrastructure for multi-modal transport options to travel to station precinct including shared pathways, bike parking facilities and water fountains.

Infrastructure and landscaping to be at a scale consistent with the local character and physical demands of the site.

Preference be given to use of 100% renewable materials including low carbon asphalt and concrete.

Incorporate the use of water sensitive urban design elements, including stormwater re-use.

Seek to minimise native vegetation losses which interface the rail corridor and offset any losses with 5:1 commensurate plantings.

Re-use any of the existing materials where possible within the station buildings, forecourts or civic spaces

Create flexible, active public spaces beyond the station precinct to promote community engagement

Provide for shared user path along the rail corridor, connecting with existing local routes and access to the stations

Ensure ramps and rail infrastructure are integrated into the overall design of the station

Establish new well-connected public open spaces within each of the centres with incorporated public art nodes; visual links and opportunities for community engagement events.

Greensborough specific: Seek the best possible integration of the train station beyond the rail reservation

with this important activity centre and in particular, strongly supports the new stations will need to maximise public value by taking a precinct wide approach that encourages integrated land development around stations.

Supports achieving the principles of the Greensborough Structure Plan including sustainability, innovative urban design, diversity, ease of movement and connectivity, a greener Greensborough, public realm, and an integrated centre.

Provide level access through lifts, ramps or escalators

Creates a lasting public infrastructure legacy capable of catalysing urban renewal and realising the maximum benefit that policy demands of a project of this nature – including modal shift through high quality design, ease of use and visual integration with the activity centre.

Establishes Greensborough as multi-modal transport hub including an integrated bus interchange, commuter and taxi drop-off/pick-up zone adjacent to the Greensborough station entry.

Ensure station location and connection with the Greensborough town centre is prioritised and strengthened.

Creates a strong and seamless transition between activity centre and station precinct at a pedestrian scale to meet the demands of the changing levels.

Montmorency specific: Delivers high quality public realm outcomes sympathetic to the look and feel of

Montmorency’s urban village.

Delivers safe and highly visible pedestrian connectivity to Were Street activity centre via a new fit-for-purpose crossing.




Ensure the station design response respects the Montmorency character and built form.

Pedestrian priority in transition zones to minimise conflict between car and pedestrians.

TIMELINES

An indicative high level timeline for the project is outlined below:

Late 2019 – Site investigations, survey, planning 11 November to 6 December 2019 – Initial community consultation Early 2020 – Second stage consultation

o Planning Scheme Amendment o Preliminary design

Mid 2020 – Final designs announced Late 2020 – Construction starts End 2022 – Construction complete




CONCLUSION

Advocacy will continue for the inclusion a bus interchange at Greensborough Station, a shared path from Greensborough to Eltham and the urban design and environmental principles.

Involvement will be maintained in the various stages of planning, design and construction of the project.

ATTACHMENTS

Nil

Performance - Use Our Resources Wisely


7.1 LAND TRANSACTIONS FRAMEWORK

Author: Amanda Allen - Property Coordinator, City Development

EXECUTIVE SUMMARY

Council currently manages an extensive portfolio of property assets, some of which are used as a means of responding to, and providing for the evolving needs of the community. Others are held or acquired for income generation.

The proposed Land Transactions Framework for adoption provides a set of principles to guide decision making pertaining to land transactions, whether in connection with the acquisition or disposal of land and supersedes the ‘Guidelines for the sale and exchange of Council land (2009)’ currently used for property transactions in Banyule. The framework is based on the Local Government Best Practice Guideline for the Sale, Exchange and Transfer of Land.

RECOMMENDATION

That Council adopts the Land Transactions Framework (2019) which supersedes the ‘Guidelines for the sale and exchange of Council Land (2009)’ currently used to guide land transaction practices in Banyule.

COUNCIL PLAN

This report is in line with Banyule’s Council Plan key direction to “Provide good governance and be accountable”.

BACKGROUND

Council manages a large portfolio of property assets, which it holds for both operational and non-operational purposes. Operational property holdings provide value via service delivery. Non-operational property is generally acquired or held for strategic property investment purposes which may be for income generation or other benefits.

The Land Transactions Framework provides a common set of published principles that can be applied to ensure property transactions are dealt with in a fair and consistent manner, delivering greater transparency, accountability and reporting of Council’s property matters.

It aligns with Council’s strategic direction and creates a transparent, visible and robust approach to the governance and accountability of public funds.

LEGAL CONSIDERATION

Under section 5(2)(d) of the Local Government Act (Act), a Council is capable of acquiring holdings, dealing with or disposing of property for the purpose of performing its functions and exercising its powers.


LAND TRANSACTIONS FRAMEWORK cont’d


This framework has been has legally reviewed and updated by Macquarie Local Government Lawyers who consider it compliant with and/or adequately addressing all legislative, administrative and other relevant requirements.




CURRENT SITUATION

This framework formalises current practices in land transactions and supersedes and replaces the ‘Guidelines for the sale and exchange of Council land (2009)’ currently used by Council in guiding property transactions.

The framework applies to all property transactions relating to the discontinuance of roads and rights of way, vesting of reserves, the sale, exchange and transfer of Council land and the acquisition of land, whether by agreement or compulsion.

It is expected that the overall volume of property related transactions will continue to grow in light of private development, current Victorian Government infrastructure projects and Council’s own investment in assets. It is therefore important to have a solid foundation to base decisions upon.

POLICY IMPLICATIONS

Having regard to the nature, diversity and specific use of Council’s assets, the Land Transactions Framework was prepared giving consideration to the following policies, strategies and programs:

Banyule Councillor Code of Conduct; Banyule Planning Scheme; Banyule Public Open Space Plan (2016-2031); Banyule Road Management Plan (2017-2021); Banyule Rights of Way Policy (2014); Banyule Rights of Way Strategy (2014-2024); Banyule Walking Strategy (2018-2028); Conflict of Interest – A Guide for Council staff; Land Encroachment and Building Projection Guidelines (2018); Lease and Licence Framework (2018); Local Government Best Practice Guideline for the Sale, Exchange and Transfer

of Land (2009); and Procurement Policy (2017).

DISCUSSION

Without limiting Council’s wider discretions, the principles that are applied to land transactions in Banyule include:

Community benefit; Good governance and accountability;




Reducing risk; and Return to Council.

The purpose of the framework is to provide guidance that Council will apply in land transactions to ensure that it:

Explores all possible options through internal processes; Applies processes that are equitable, consistent and transparent; Complies with appropriate legislation and approved delegations of authority; and Obtains the best outcome for the community.

Standard procedures accompany each activity detailed in the framework to ensure consistency in its application.

The adoption and implementation of the Land Transactions Framework does not abrogate Council from its responsibilities under the Local Government Act 1989, nor does the intent of the Framework strictly apply to transactions that are currently underway. Transactions that are currently proceeding are generally compliant with the ‘Guidelines for the sale and exchange of Council land (2009)’ and will continue as is.

Upon adoption of the Land Transactions Framework all new property transactions are intended to meet with the provisions of this Framework.

CONSULTATION

A comprehensive benchmarking exercise examining the practices of other Victorian Councils and their approach, including the exploration of emerging and best practice methods, was undertaken.

The Framework was prepared in consultation with a number of internal stakeholders including Directors, Managers and the following departments:

Transport Engineering Spatial and Property Systems Building Maintenance Strategic Planning Statutory Planning Building Services Environment Sustainability Economic Development







CONCLUSION

The proposed Land Transactions Framework provides Council and the community with a transparent, visible and robust approach to the governance and accountability of public funds as it relates to property matters and ensures standard procedures are used for each property related activity. It is based on the Local Government Best Practice Guideline for the Sale, Exchange and Transfer of Land. Application of this framework will ensure that Council applies processes that are equitable, consistent and transparent, complies with appropriate legislation, approved Delegations of Authority and obtains a beneficial outcome for the community.

ATTACHMENTS

No. Title Page

1 Land Transactions Framework



7.2 PUBLIC CONSULTATION - BANYULE CITY COUNCIL'S RATING STRATEGY 2020-2021

Author: Tania O'Reilly - Manager Finance & Procurement, Corporate Services

EXECUTIVE SUMMARY

Council’s Rating Strategy is reviewed annually to ensure that Council supports the rating principles used to levy rates and charges, in collaboration with determining the financial budget for the coming financial year.

It is the recommendation of the Victorian Auditor General’s Office and internal audits that Council develop, adopt and continually review the rating strategy.

In developing the draft Rating Strategy 2020/2021, Council considered the various options available in levying differential rates & charges across all ratepayers in the municipality.

Prior to the adoption of the proposed Budget 2020/2021, Council is seeking written feedback from the Community on the draft Rating Strategy 2020/2021.

The consultation period will be open from mid-December 2019 to early February 2020. At the close of the consultation period, feedback will be presented to Councillors for consideration and incorporation into the updated draft Rating Strategy 2020/2021 for Council’s adoption.

RECOMMENDATION

That Council endorse the draft Banyule City Council Rating Strategy 2020/2021 for community consultation for a period of eight weeks.

COUNCIL PLAN

This report is in line with Banyule’s Council Plan key direction to “Provide responsible financial management and business planning”.

BACKGROUND

It is the recommendation of the Victorian Auditor General’s Office and internal audits that Council develop, adopt and continually review the rating strategy.

The draft Rating Strategy 2020/2021 contains changes to the methodology of calculating revenue in lieu of rates for defined Cultural and Recreational Lands, there are no other proposed changes to the method of levying rates as outlined in the Rating Strategy 2019/2020.

The ability for ratepayers to apply for a special circumstance interest waiver has been removed from the Rates Hardship Assistance Policy and now forms part of the rating strategy. There is no change to the content, it has been determined that it is better placed within the Rating Strategy as it does not reference financial hardship.


PUBLIC CONSULTATION - BANYULE CITY COUNCIL'S RATING STRATEGY 2020-2021 cont’d


LEGAL CONSIDERATION



In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Victorian Charter of Human Rights and Responsibilities. It is considered that the subject matter does not raise any human rights issues.


The Rating Strategy is used to direct the way the 2020/2021 Budget is prepared in relation to the apportionment of rate revenue between different land types, not to determine the amount of income to be raised through rates. As such, there are no funding implications for Council to consider.

POLICY IMPLICATIONS

The adoption of the Rating Strategy 2020/2021 will direct the way that rates are apportioned as part of the 2020/2021 budget.

DISCUSSION

The attached 2020/2021 proposed Rating Strategy has been reviewed and the underpinning principles have not changed from the Rating Strategy 2019/2020.

The Rating Strategy as proposed supports the continued use of:

Capital Improved Value as the valuation methodology to levy Council rates; Differential rates for the calculation of rates; A specific calculation of a reduced charge in lieu of rates for Cultural and

Recreational Lands, with one calculation in the methodology changed; No separate municipal charge levied; No separate waste service charge; Special Rates and Charges to raise funds for dedicated purposes; Provision of the State Government Pensioner Rebate; Collection of rates and charges due to non-payment; Levying and collection of the Fire Services Property Levy.




As a result of the Minister’s recent determination it is proposed that the methodology for the calculation of Cultural and Recreational Lands be changed from:

In Use Value X (Residential Improved rate X Questionnaire Weighting) X (Percentage of Council Services available to the entity).

To

In Use Value X (Residential Improved rate X Questionnaire Weighting) X (Percentage of cost of those Council Services available to the entity).

The percentage of net costs of the council services available to the properties is calculated at 36%.

It is also proposed to alter the way Community Benefit is assessed, providing for a greater percentage discount, up to 100% from the current maximum discount 50%. The community benefit methodology is similar in terms of design to the currently applied methodology, however, the assessment of benefits provided by each organisation has been simplified and the resulting possible discounts have been broadened.

CONSULTATION

Community feedback will be sought in writing on the draft Rating Strategy 2020/2021 from Mid December 2019 through until early February 2020.

There will be a period of eight weeks available for public feedback on the draft Rating Strategy 2020/2021.

Feedback from the consultation will be used to refine the draft Rating Strategy 2020/2021 and to ensure it can be used in the development of the Proposed Budget 2020/2021.

Feedback will be obtained from the Community via:

the Banyule City Council website Shaping Banyule; in writing to PO Box 94, Greensborough; Email: [email protected].

TIMELINES

Following release of the draft Rating Strategy 2020/2021 community feedback will be received from Mid December 2019 to early February 2020. Responses will be collated and the updated draft Rating Strategy 2020/2021 prepared for Council’s consideration following the close of the community feedback period.








CONCLUSION

The purpose of this report is to seek endorsement from Council to release the draft Rating Strategy 2020/2021 for community consultation and feedback.

ATTACHMENTS

No. Title Page

1 Draft Rating Strategy 2020/2021



7.3 PUBLIC CONSULTATION - BANYULE CITY COUNCIL'S DRAFT SCHEDULE OF FEES AND CHARGES 2020/2021

Author: Tania O'Reilly - Manager Finance & Procurement, Corporate Services

EXECUTIVE SUMMARY

The Draft Fees and Charges Schedule for 2019/2020 is a key component in the development of Banyule City Council’s Proposed Budget 2020/2021.

Prior to the development of the Proposed Budget 2020/2021 Council is seeking feedback and comment from the Community on the proposed fees and charges 2020/2021. The consultation period will be open for a period of eight weeks.

At the close of the consultation period feedback will be presented to Councillors for consideration to then be incorporated into the Proposed Budget 2020/2021 as applicable.

The Proposed Budget 2020/2021 will then be submitted to Council for approval (including the schedule of fees and charges 2020/2021) and made available to the public in accordance with section 223 of the Local Government Act 1989 before final adoption.

Council endeavours to have its Budget adopted by 30 June each year in order to have all its financial resources in place for the ensuing year of work for the community.

RECOMMENDATION

That Council endorse the draft Fees and Charges schedule 2020/2021 for public consultation for a period of eight weeks.

COUNCIL PLAN

This report is in line with Banyule’s Council Plan key direction to “Provide responsible financial management and business planning”.

BACKGROUND

The draft Fees and Charges schedule of 2020/2021 is presented as a key component of the Banyule City Council’s Proposed Budget 2020/2021, and each year is presented as a schedule within the appendix of the budget document.

The schedule presents the proposed fees and charges of a statutory and non-statutory nature which will be charged in respect to various goods and services provided during the 2020/2021 year.


PUBLIC CONSULTATION - BANYULE CITY COUNCIL'S DRAFT SCHEDULE OF FEES AND CHARGES 2020/2021 cont’d


There will be a period of eight weeks available for public feedback on the proposed Fees and Charges schedule 2020-2021.

LEGAL CONSIDERATION






Essential in the planning and allocation of Council’s resources is the critical link to the community. Banyule undertakes an ongoing and iterative process of engagement across all parts of the community and uses detailed demographics and industry benchmark information to stay informed about the needs of the community.

The proposed Fees and Charges schedule of 2020/2021 outlines what Council will charge for services across the municipality.

The proposed Fees and Charges schedule assist Council in its financial management, staffing, physical resources and community services to be maintained in a way that meets the community’s current and future needs. This includes developing sustainable income streams and financial independence.

DISCUSSION

The schedule presents the proposed fees and charges of a statutory and non-statutory nature which will be charged in respect to various goods and services provided during the 2020/2021 year.

The fees and charges over which Banyule City Council has influence are the user fees and charges. This represents the majority of our fees and charges (88%) and Council continue to aim to increase total revenue from fees and charges to maintain long term financial sustainability.

Fees generally increase by CPI. Management undertake benchmarking against other Councils and full cost recovery is expected in most circumstances when determining the unit cost increase.

When assessing each individual fee and charge consideration has been to explore the impact of fee increases on the community, the commercial nature and the contractual agreements.

Where feasible the unit price of user fees and charges were not increased from prior year. Over the past few years Council has held its discretionary fees where they are seen to have a benefit to the community and to enable greater accessibility and participation.

Of the individual user fees and charges more than a quarter of the fees have not been increased in 2020/21. Council officers will continue to review the schedule of


PUBLIC CONSULTATION - BANYULE CITY COUNCIL'S DRAFT SCHEDULE OF FEES AND CHARGES 2020/2021 cont’d


fees and charges during the consultation period to determine if there are further opportunities to maintain fees at a 0% increase.

CONSULTATION

Community feedback will be sought in writing on the proposed Fees and Charges schedule of 2020/2021 from mid-December through until early February.

The proposed Fees and Charges schedule 2020/2021 will be presented for public consultation for a period of eight weeks and can be communicated through:

the Banyule City Council website Shaping Banyule; in writing to PO Box 94, Greensborough; or email: [email protected].

Feedback from the consultation will be used to refine the proposed Fees and Charges schedule 2020/2021 and to ensure it can be used in the development of the Proposed Budget 2020/2021.

In April 2020 there will be a public notice and exhibition of the Proposed Budget 2020/2021 which enables any person affected by the Proposed Budget 2020/2021 to make a formal submission to Council. Submissions received by Council will be in accordance with section 223 of the Local Government Act 1989.

TIMELINES

Consultation will occur from mid-December 2019 to early February 2020. The final Fees and Charges schedule 2020/2021 will be adopted with the Budget 2020/2021 prior to 30 June 2020.




CONCLUSION

The purpose of this report is to seek endorsement from Council to release the draft Fees and Charges schedule 2020/2021 for community consultation and feedback.

ATTACHMENTS

No. Title Page

1 Draft Fees & Charges Schedule 2020/2021



7.4 NEW PUBLIC INTEREST DISCLOSURES

Author: Vivien Ferlaino - Governance Co-ordinator, Corporate Services

EXECUTIVE SUMMARY

Banyule City Council is a public body subject to the Protected Disclosures Act 2012 (PD Act). The purpose of the Act is to encourage and facilitate the making of disclosures of improper conduct by public officers and public bodies, including the Council as a public body, its staff, employees and Councillors.

On the 5th March 2019, the Victorian Parliament passed new legislation which makes some changes to Victoria’s integrity system.

The new legislation will introduce some changes to the Protected Disclosure Act 2012 (PID) to support people making disclosures which are in the public interest.

From 1 January 2020 the Protected Disclosure Act 2012 becomes the Public Interest Disclosures Act 2012.

The changes are intended to make it easier to make a disclosure.

The changes allow a broader range of disclosures to be made, provide for more independent expert bodies to investigate disclosures and introduce a flexible ‘no wrong door’ approach to ensure disclosures aren’t excluded because of non-compliance with complex procedures.

Banyule is committed to the aims and objectives of the PID Act. It recognises the value of transparency and accountability in its administrative and management practices, and supports the making of disclosures that reveal improper conduct or detrimental action.

It does not tolerate improper conduct by the organisation, its employees, officers, or Councillors, nor the taking of reprisals against those who come forward to disclose such conduct.

The Procedures are attached for Councils endorsement.

RECOMMENDATION

That Council endorse the reviewed and renamed Public Interest Disclosure Procedures for Banyule City Council. (attached)

COUNCIL PLAN

This report is in line with Banyule’s Council Plan key direction to “Provide good governance and be accountable”.

http://www.legislation.vic.gov.au/domino/Web_Notes/LDMS/PubPDocs.nsf/ee665e366dcb6cb0ca256da400837f6b/b21ebc66719cbe75ca2583670082f03e!OpenDocument


NEW PUBLIC INTEREST DISCLOSURES cont’d


BACKGROUND

Victoria's Public Interest Disclosures Act 2012 (the PID Act) provides protections for people who make disclosures about improper conduct in the public sector.

Public bodies such as councils play a critical role in implementing the public interest disclosure regime.

The new legislated arrangements aim to improve access for those making PIDs and flexibility for agencies investigating PIDs.

Overall, the new PID scheme will provide a lower threshold for making PIDs to IBAC, a 'no wrong door' principle for handling PIDs made to a receiving agency, and increased flexibility and alternative pathways for how investigating agencies handle PIDs (and public interest complaints, PICs).

The legislation has established a new parliamentary oversight committee, the Integrity and Oversight Committee (IOC), consolidating the oversight of a number of Victorian integrity agencies, including the Independent Broad-based Anticorruption Commission (IBAC).

Banyule is a Council that can receive PIDs needs to have procedures for:

receiving, handling and assessing disclosures

notifying and liaising with IBAC or other investigating entities. All public sector organisations should have procedures for:

keeping a discloser’s identity and the content of a disclosure confidential

managing the welfare of disclosers including protecting them from detrimental action

providing education and training to staff

evaluation and review of the organisation’s public interest disclosure framework.

Under the new legislation, the definition of improper conduct has been broadened and simplified to encourage disclosures about certain types of public sector wrong doing.

A new category of ‘serious professional misconduct’ has also been introduced to allow for a broader range of disclosures about wrong doing in an official capacity.

LEGAL CONSIDERATION

Council is required to have clear procedures for people to make a public interest disclosure and that these procedures are well known to staff and available to the public. Council has appointed a Public Interest Disclosure Coordinator and Public Interest Disclosure Officer.

Responsibilities of Public Interest Disclosure Coordinators include:




receiving all disclosures, including phone calls, emails and letters from members of the public or staff

assessing disclosures in accordance with the PID Act

notifying all assessable disclosures to IBAC within 28 days

establishing and managing a secure filing system and processes to ensure confidentiality

managing the welfare of a discloser and advising them of protections available under the PID Act

tracking the actions taken in relation to disclosures

collating and reporting statistics on disclosures.

The Procedures must be published on Council’s website and made available to anyone making an enquiry.

The Procedures apply to all staff, contractors, volunteers, consultants and Councillors. Disclosures about staff including the Chief Executive Officer may be made to Council’s appointed Public Interest Disclosure Coordinator or Public Interest Disclosure Officer or IBAC. Disclosures relating to Councillors must be made to IBAC or the Victorian Ombudsman.


Victoria's Charter of Human Rights and Responsibilities (the Charter) outlines the basic human rights of all people in Victoria. The Charter requires that governments, local councils and other public authorities comply with Charter and to consider relevant Charter rights when they make decisions. It is considered that the Protected Disclosure Procedures are consistent with, and advances rights outlined in the Charter. The human rights most relevant to these procedures are the rights to: recognition and equality before the law (section 8) freedom of expression (section 15) take part in Public Life (section 18)


CONSULTATION

Councillors and staff have been briefed on the key changes. A new Fraud & Corruption training program (incorporating Public Interest Disclosures) is being considered for all staff for 2020 and onwards.

TIMELINES

The new provisions take effect from the 1 January 2020.




PREVENTING CORRUPTION

Banyule is committed to encouraging and facilitating the making of disclosures of improper conduct by public officers and public bodies, including the Council as a public body, its staff, employees and Councillors.

This year both IBAC in its review of Local Government Integrity Frameworks, and VAGO in its review of Fraud and Corruption Control – Local Government, outlined the need for training of Councillors and staff on fraud & corruption prevention. Regular training on Fraud & Corruption is seen as vital to organisational culture.

Council’s Fraud Control Plan outlines the preventative measures and control systems.

Regular updates are provided to Councillors, staff and contractors on Ethics, Conflicts of Interest and Code of Conduct and Protected Disclosures. A presentation on Fraud & Corruption and the new Public Interest regime was presented to Councillors on the 25th November 2019.

Council undertakes mandatory training for all staff on Ethical Decision Making. Consistent with Banyule’s values and code of conduct, the training is designed to support all Banyule employees to make the best possible choice in their dealings with colleagues and the public. The training incorporates ethical dilemmas which are used to develop participant’s ability to ‘make the right choice’.




CONCLUSION

The purpose of the Public Interest Disclosures Act is to encourage and facilitate the making of improper conduct by public officers and public bodies, including the Council as a public body, its staff, employees and Councillors.

The Public Interest Disclosures Procedures supports the making of disclosures to reveal improper conduct and provides for a no ‘wrong door’ approach.

ATTACHMENTS

No. Title Page

1 Public Interest Disclosure Procedures



7.5 AWARD OF CONTRACT FOR '1014-2020 DESIGN & CONSTRUCT FOR GLENAUBURN MODULAR PAVILION'

Author: Alvin Lau - Project Engineer, Assets & City Services

Ward: Hawdon

EXECUTIVE SUMMARY

This report is to consider the awarding of Contract No 1014-2020 for “Design & Construct for Glenauburn Modular Pavilion”.

As part of the 2019/20 financial year Capital Works program, Council is proposing to demolish the existing Glenauburn Park Pavilion and construct a new one utilising a modular construction.

Tenders were advertised in The Age and on Council’s website. During this period twenty seven (27) companies downloaded the tender documents and nine (9) submissions were received by the closing time.

The Tender Evaluation Panel (TEP) has recommended awarding the contract to WI Building Services in accordance with the tender and conditions as determined by Council.

This project has allocated funds as part of the 2019/20 Capital Works Program.

RECOMMENDATION

That:

1. Contract No. ‘1014-2020 for ‘Design & Construct for Glenauburn Modular Pavilion’ be awarded to WI Building Services for $768,815.00 (ex. G.S.T).

2. The Director of Assets & City Services be authorised to sign the contract and any other associated documents.

COUNCIL PLAN

This report is in line with Banyule’s Council Plan key direction to “plan and manage the systems and assets that support Council’s service delivery”.

BACKGROUND

As part of the 2019/20 financial year Capital Works program, Council is proposing to demolish the existing Glenauburn Park Pavilion and construct a new one utilising a modular construction to meet current Female Friendly guidelines. The works generally comprise of a new layout to deliver a more gender equitable environment to accommodate the growing demand for female participation in sport. Historically,


AWARD OF CONTRACT FOR '1014-2020 DESIGN & CONSTRUCT FOR GLENAUBURN MODULAR PAVILION' cont’d


sporting facilities have been designed primarily to meet the needs of male participants.

In 2018 Sports & Recreation Victoria (SRV) announced $100,000 additional funding towards the project while Council allocated $950,000 for the pavilion works. This took the total budget for construction to $1,050,000.

The tenders were advertised in The Age on 5 October and on Council’s website. During the period that the tenders were open, twenty seven (27) companies downloaded the tender documents. Tenders closed at 29 October 2019 at 3.00pm and nine (9) submissions were received by the closing time.

LEGAL CONSIDERATION

Section 186 of the Local Government Act 1989 (Act) requires councils to undertake a competitive process to test the market by giving public notice and invite tenders before entering into a contract when the value of the contract is equal to or greater than:

$150,000 (including GST) for contracts for the purchases of goods or services; or $200,000 (including GST) for contracts for the carrying of works.

These thresholds have been set in alignment with the thresholds that apply to State Government and are reviewed from time to time. The threshold for the ‘carrying out of works’ was set by Ministerial Direction by order in Council dated 5 August 2008.

The awarding of this contract complies with the tendering provisions of Section 186 of the Local Government Act 1989.

Additional confidential information is contained in Attachment 1, as circulated in the confidential section of the agenda attachments. This is in accordance with Section 89(2) of the Local Government Act 1989, as the information relates to contractual matters and premature disclosure of the information could be prejudicial to the interests of Council or other persons. This item has been included in the public agenda to facilitate transparency and accountability in Council's decision making.

BANYULE PROCUREMENT POLICY

Council’s Procurement Policy is made under Section 186A of the Local Government Act 1989.

The purpose of this Policy is to:

provide policy and guidance to the Council to allow consistency and control over Procurement activities;

demonstrate accountability to ratepayers; provide guidance on ethical behaviour in public sector purchasing; demonstrate the application of elements of best practice in purchasing; and increase the probability of obtaining the right outcome when purchasing goods

and services.




The Act and the Procurement Policy of Council are the primary reference points for how all procurement should be performed.

The process for inviting quotations and evaluation was undertaken in accordance with the Policy.




TENDER/QUOTATION EVALUATION

All tenders were evaluated using the following evaluation criteria, which was listed in the tender document:

Tender Price. Previous performance, experience and reliability in the provision of similar types of

projects and previous performance in delivery of contracts or purchase orders directly with Banyule City Council (if applicable);

Qualifications and experience of nominated staff including experience of nominated sub-contractors.

Existence of an accredited management system and procedures; covering quality, OH&S and environmental performance.

Demonstration of Social and Economic Sustainability. Any other information which the Council may deem to be relevant.

TENDER EVALUATION

The tenders were evaluated by the Tender Evaluation Panel (TEP) comprising of officers from Capital Projects and Procurement Units.

Prior to receiving the tenders, the tender evaluation panel convened to set the weightings for each of the evaluation criteria and establish how the tenders would be evaluated using the weighted evaluation matrix. A tender evaluation plan was developed and signed by all panel members.

The tender evaluation panel individually scored the tenders and then a tender evaluation panel meeting was held to agree on the consensus scores. The weighted score for the tender was:

Table 1 – Tenders received and weighted scores

Contractor Weighted Score

WI Building Services 87.00

Tenderer 2 84.86

Tenderer 3 76.32

Tenderer 4 75.29




Tenderer 5 74.94

Tenderer 6 72.81

Tenderer 7 72.51

Tenderer 8 71.22

Tenderer 9 63.96

In undertaking the assessment, all members of the TEP completed and signed the Conflict of Interest and confidentiality declaration.

WI Building Services Pty Ltd are the lowest priced and highest scoring capable tenderer and as such were recommended as the preferred contractor for this contract.

A post tender interview was held on Friday 15 November 2019 where further clarifications were sought to discuss their capability, past performance to the satisfaction of the TEP.

An independent financial assessment of WI Building Services Pty Ltd was conducted by Corporate Scorecard which delivered a “pass” rating.


Council has allocated $950,000 in its 2019/20 capital works budget with a further $100,000 being provided by Sports & Recreation Victoria (SRV). This brings the total budget for construction works to $1,050,000.




CONCLUSION

As a result of the quotation evaluation, the Tender Evaluation Panel recommends that Council award Contract No. 1014-2020 “Design & Construct for Glenauburn Modular Pavilion” to WI Building Services for the lump sum price of $768,815.00 (ex GST).

ATTACHMENTS

No. Title Page

1 1014-2020 Tender Evaluation Sheet - CONFIDENTIAL



7.6 AWARD OF CONTRACT '1011 -2020 CONTRACTORS FOR IRRIGATION RENEWAL PROGRAM'

Author: Brett Jose - Open Space Planning Project Officer, Assets & City Services

EXECUTIVE SUMMARY

This report is to consider the awarding of Contract No ‘1011-2020 for Contractors for Irrigation Renewal Program’.

The purpose of this Tender was to appoint a panel of suitably qualified and experienced Contractors for the supply and installation of automatic irrigation systems as required in conjunction with Council’s irrigation renewal program over the next four (4) years.

The contract is for an initial term of one year with extension options for a further (3) years subject to continued satisfactory performance of the contractors. The total estimated expenditure over the four (4) year period is $520,000.

The Tender Evaluation Panel (TEP) has recommended awarding the contract to a panel of three (3) suppliers in accordance with the tender.

RECOMMENDATION

That:

1. Contract No. ‘1011-2020 Contractor for Irrigation renewal program’ be awarded to the following Panel of Suppliers consisting of three (3) suppliers for initial term of one year:

Century Rain Planned Irrigation RMS Groundworks Pty Ltd

2. Council officers be authorised to extend the contract for a further three (3) years subject to successful performance of the contractors.


COUNCIL PLAN



AWARD OF CONTRACT '1011 -2020 CONTRACTORS FOR IRRIGATION RENEWAL PROGRAM' cont’d


BACKGROUND

Banyule’s Parks and Open Space Department have the responsibility for renewing Councils automatic irrigation systems at forty six sportsfields. These irrigation systems are essential for the survival of the grass during the warmer months. The tenderers have been requested to supply and install automatic irrigation systems.

The tender was advertised in the local government tender section of The Age newspaper on Saturday 21 September 2019 and on Council’s website and tenders closed on Tuesday 15 October 2019. During the period that the tenders were open (5) five contractors submitted their tender by the closing date.

LEGAL CONSIDERATION





Additional confidential information is contained in Attachment 1, as circulated in the confidential section of the agenda attachments. This is in accordance with Section 89(2) of the Local Government Act 1989, as the information relates to contractual matters and premature disclosure of the information could be prejudicial to the interests of Council or other persons. This item has been included in the public agenda to facilitate transparency and accountability in Council's decision making.






and services.










A Tender Evaluation Panel (TEP) evaluated the tenders using the following evaluation criteria, which was listed in the tender evaluation plan and Request for Tender (RFT) document:

Tendered price; Previous performance, experience and reliability in provision of similar

projects; Capacity and capability to provide the services specified; Existence of Accredited Management Systems and procedures (Quality,

Environmental & O H &S); Demonstration of Social and Economic Sustainability; and Any other factor considered relevant by Council.

An evaluation matrix was prepared detailing the weightings and scores for each criteria from the (5) five submissions.

The following table shows the tenders submitted, their tender prices and the weighted score from the evaluation:

Tenderers Weighted Score

Century Rain 85.90

Planned Irrigation 84.17

RMS Groundworks P/Ltd 72.52

Tenderer D 70.03

Tenderer E 67.21








CONCLUSION

Based on capacity, capability, and predicted future requirements, the Tender Evaluation Panel recommends that Council award Contract No. ‘1011-2020 Contractors for Irrigation Renewal Program’ be awarded to a Panel of Suppliers on a lump sum basis to the following tenderers:

Century Rain Planned Irrigation RMS Groundworks Pty Ltd

ATTACHMENTS

No. Title Page

1 Tender Evaluation Matrix Contract 1011 2020 - CONFIDENTIAL



7.7 AWARD OF CONTRACT '0989-2019 PROVISION OF STORMWATER HARVESTING MAINTENANCE SERVICES'

Author: John Milkins - Environmental Operations Coordinator, Assets & City Services

EXECUTIVE SUMMARY

This report is to consider the awarding of Contract No 0989 for “Provision of Stormwater Harvesting Maintenance Services”.

Banyule’s stormwater harvesting systems at DeWinton Reserve Rosanna, Kalparrin Gardens, Greensborough and Chelsworth Park Ivanhoe are complex facilities. They incorporate drainage, plumbing, electrical, and stormwater treatment infrastructure, including sediment ponds, wetlands, raingardens sand and UV filters. Together these stormwater harvesting facilities deliver most of the water quality and conservation targets set in Council’s Water Strategic Plan 2019-23.

The Tender Evaluation Panel (TEP) has recommended awarding the contract for the maintenance of these systems to Wave Maintenance Services Pty Ltd in accordance with the tender and conditions as determined by Council.

RECOMMENDATION

That:

1. Contract No. 0989-2019 for the Provision of Stormwater Harvesting Maintenance Services be awarded to Wave Maintenance Pty Ltd for an initial lump sum of $58,119.60 (inc GST) in the first year and a lump sum of $56,139.60 (inc GST) for each year thereafter. Reactive Maintenance Services are to be provided on a schedule of rates basis. The contract is over a 2-year initial period with an extension option for a further 2 years at Council’s discretion.

2. Council Officers be authorised to award an extension of this Contract, subject to review of the Contractor’s performance and Council’s business needs, at the conclusion of the initial 2-year Contract term.


COUNCIL PLAN



AWARD OF CONTRACT '0989-2019 PROVISION OF STORMWATER HARVESTING MAINTENANCE SERVICES' cont’d


BACKGROUND

The purpose of the tender is to provide Council with a suitably experienced contractor able to inspect, test, and maintain Council’s National award-winning stormwater harvesting assets at DeWinton Reserve Rosanna, Kalparrin Gardens, Greensborough and Chelsworth Park Ivanhoe.

Capturing, treating and using stormwater for open space irrigation is a key deliverable in Banyule’s Council Plan and Water Strategic Plans. Stormwater harvesting is also an important adaption response to the climate emergency as we experience a hotter, drier climate with more intense storms.

The contract is scheduled to commence in January 2020 for an initial term of two (2) years with extension options for a further two (2) years subject to continued satisfactory performance of the contractor. The total expenditure forecasted over the four (4) year period is $421,416.80 (ex GST) based on a lump sum basis for preventative maintenance and a schedule of rates basis for reactive maintenance.

The general service categories required under this arrangement are: Weekly, monthly and annual water quality testing to meet the National

Guidelines for Stormwater Harvesting and Reuse (Environment Protection and Heritage Council, the Natural Resource Management Ministerial Council & the National Health and Medical Research Council, 2009)

Inspection and maintenance of electrical and plumbing infrastructure Inspection of stormwater treatment and green infrastructure components

The tender was advertised in the local government tender section of The Age newspaper on Saturday 28 September 2019 and on Council’s website. A tour of all sites occurred on Friday 11 October 2019. Tenders closed on Tuesday 22 October 2019. Twenty-one (21) parties downloaded the documentation, and four (4) contractors/suppliers submitted their tender by the closing date.

LEGAL CONSIDERATION





Additional confidential information is contained in Attachments 1 & 2, as circulated in the confidential section of the agenda attachments. This is in accordance with




Section 89(2) of the Local Government Act 1989, as the information relates to contractual matters and premature disclosure of the information could be prejudicial to the interests of Council or other persons. This item has been included in the public agenda to facilitate transparency and accountability in Council's decision making.






and services.







A Tender Evaluation Panel (TEP) evaluated the tenders using the following evaluation criteria, which was listed in the tender evaluation plan and Request for Tender (RFT) document:

Tendered price; Previous performance, experience and reliability in provision of similar

services; Capacity and capability to Tenderer to undertake the provide services

specified; Local and Social Sustainability; and Accredited Management System and procedures – Quality, Environmental &

OH & S.




Following an initial evaluation, the Evaluation Team shortlisted Wave Maintenance Pty Ltd and Tenderer A for tender interviews. At the tender interviews tender exclusions and other conditions stated in the tender submissions of both tenderers were discussed. Both contractors were subsequently requested to price exclusions that were listed in their tender submissions and submit their revised prices.

Wave Maintenance Pty Ltd submitted a revised tender price of $421,416.80 (Ex GST) and Tenderer A submitted a revised tender price of $654,556.24 (Ex GST).

Council also undertook independent financial, and reference checks on the shortlisted contractors, which included an assessment of risk in relation to the company size and relatively recent establishment (2017) of Wave Maintenance Pty Ltd. (Attachment 2). The Evaluation Team carried out a final evaluation, using the weighted evaluation matrix, with the following final scores for each Tenderer shown below:

Table 1 Final Weighted Scores.

Contractor Weighted Scores

Wave Maintenance Pty Ltd 79.17

Tenderer A 63.92

Tenderer B 60.57

Tenderer C 59.61

It is evident from the above weighted scores that Wave Maintenance Pty Ltd has obtained the highest score and will deliver best value for money, expertise and service to Council.


Funding for the works undertaken under this contract is provided under the recurrent annual budget for the maintenance of Councils stormwater harvesting systems.




CONCLUSION

As a result of the Tender evaluation, the Tender Evaluation Panel recommends that Council award Contract No. 0989 2019 to Wave Maintenance Pty Ltd for the Provision of Stormwater Maintenance Services for the lump sum price of $226,538 (inc GST) and on a schedule of rates basis for reactive based services, for a forecasted total contract value of $491,931 (including GST, CPI adjustments in contract extension period).




ATTACHMENTS

No. Title Page

1 Tender 0989-2019 Stormwater Harvesting Maintenance - Evaluation Matrix. - CONFIDENTIAL

2 Tender 0989-2019 Corporate Scorecard and Risk Mitigation Strategy - CONFIDENTIAL



7.8 AWARD OF CONTRACT FOR '1013-2020 CONSTRUCTION OF OUTDOOR COURTS AND DESIGN & CONSTRUCTION OF ROOF STRUCTURE - NETS STADIUM BANYULE'

Author: Jacqueline Stephenson - Senior Project Manager, Assets & City Services

Ward: Ibbott

EXECUTIVE SUMMARY

This report is to consider the awarding of Contract No 1013-2020 for “Construction of Outdoor Courts and Design & Construction of Roof Structure - Nets Stadium”.

As part of the 2019-2020 financial year Capital Works program, Council is proposing to construct two outdoor courts with a large roofing structure over the courts on the grounds of Macleod College. The courts will provide amenity for both community and Macleod College students.

Tenders were advertised in The Age and on Council’s website. During this period twenty one (21) companies downloaded the tender documents and one (1) submission was received by the closing time.

The Tender Evaluation Panel (TEP) has recommended awarding the contract to Colbrico Pty Ltd in accordance with the tender and conditions as determined by Council.

The usage, cost and maintenance of the courts is governed by a Community Joint Use agreement. This agreement details the hours of use for both the school and Council, confirms Council and the State Government will fund the construction of the courts and that Council will be responsible for the maintenance of the courts.

RECOMMENDATION

That:

1. Contract No. ‘1013-2020’ for “Construction of Outdoor Courts and Design & Construction of Roof Structure - Nets Stadium” be awarded to Colbrico Pty Ltd for $1,572,667.00 (ex. G.S.T).


3. The Director of Assets & City Services be authorised to sign the final Community Joint Use Agreement.

4. Works onsite will not begin prior to the finalisation of the Community Joint Use Agreement between Macleod College and Banyule City Council.


AWARD OF CONTRACT FOR '1013-2020 CONSTRUCTION OF OUTDOOR COURTS AND DESIGN & CONSTRUCTION OF ROOF STRUCTURE - NETS STADIUM BANYULE' cont’d


COUNCIL PLAN


BACKGROUND

In 2003 Nets Stadium Banyule was constructed by Banyule City Council on the grounds of Macleod College. This four court sports stadium provides joint use for a range of sports for both Macleod College and Banyule’s local community sporting groups.

As part of the 2019/20 financial year Capital Works program, Council has committed to building two outdoor multi use courts with a large open roofing structure. This will be situated to the east of the existing stadium and replace the existing dilapidated asphalt courts between the stadium and the school buildings. Further to the delivery of two courts and the roof, there will also be bleacher seating, storage sheds, a car drop off/pick up loop, sports equipment including basketball and netball rings, water bubbler, paths and landscaping.

Construction tender

In 2018 Sport & Recreation Victoria (SRV) announced $1,500,000 funding towards the project. Further to this Council has allocated $860,000 in its 2019-20 Capital works programme for Nets Stadium Capital Works resulting in an overall budget of $2,360,000. This budget covers the works under this contract and two other parcels of work – installation of timber flooring on courts 3 and 4 and installation of air conditioning in the stadium.

To fulfil Council’s commitment of two multi-use courts, a roofing structure over the courts and other associated works, designs were developed in collaboration with Macleod College, SRV and Netball Victoria.

Tenders were advertised in The Age on Saturday 5 October 2019 and on Council’s website. During the period that the tenders were open, twenty one (21) companies downloaded the tender documents. Tenders closed at 3pm on Tuesday 29 October and one (1) submission was received by the closing time.

Community Joint Use Agreement

The Community Joint Use Agreement is an agreement between the Department of Education and Banyule City Council detailing the funding, maintenance and use of the new facility. Nets Stadium has a current agreement in place for the use and maintenance of the four indoor courts. In developing the new agreement, the responsibilities of Council under the existing agreement were replicated.

The new proposed agreement states that Macleod College will use the two courts during school hours (Monday to Friday 8.30am-4.30pm) and that Banyule City Council will use the two courts outside of school hours (Monday to Friday after 4.30pm, and Saturday and Sunday). It also states Banyule City Council will be responsible for the construction costs and the ongoing maintenance costs of the courts, and that Banyule City Council will collect all revenue for the courts.




The proposed agreement is included in Attachment One.

LEGAL CONSIDERATION





Additional confidential information is contained in Attachment Two, as circulated in the confidential section of the agenda attachments. This is in accordance with Section 89(2) of the Local Government Act 1989, as the information relates to contractual matters and premature disclosure of the information could be prejudicial to the interests of Council or other persons. This item has been included in the public agenda to facilitate transparency and accountability in Council's decision making.






and services.










A Tender Evaluation Panel (TEP) evaluated the quotation using a weighted matrix based on financial, technical, commercial and other criteria discussed further in this report.

An evaluation matrix was prepared detailing the weightings and scores for each criteria from the submission.

The following table shows the tender submitted and their weighted score from the evaluation:

Table 1 – Tenders received and weighted scores

Contractor Weighted Score

Colbrico Pty Ltd 86.50


Tender Evaluation Criteria

Tender Price; Previous performance, experience and reliability in the provision of similar types of

projects and previous performance in delivery of contracts or purchase orders directly with Banyule City Council (if applicable);

Qualifications and experience of nominated staff including experience of nominated sub-contractors;

Existence of an accredited management system and procedures; covering quality, OH&S and environmental performance;

Demonstration of Social and Economic Sustainability; and Any other information which the Council may deem to be relevant.

Following an initial evaluation the TEP shortlisted Colbrico Pty Ltd for a tender interview. At the tender interviews tender exclusions and other conditions stated in the tender submissions were discussed.

Council also undertook independent financial and reference checks on the contractor. Following the interview, independent financial assessment and reference checks, the weighted score remained unchanged.




Colbrico Pty Ltd demonstrated through their submission and in the subsequent tender interview their ability to competently deliver high quality multi-use sports courts.

Whilst only one tenderer responded, it is evident from the high weighted score that Colbrico Pty Ltd can deliver the project and present good value for Council.


Council has sufficient funds in its 2019/20 capital works budget for the Construction of Outdoor Courts and Design & Construction of Roof Structure - Nets Stadium.




CONCLUSION

As a result of the quotation evaluation, the Tender Evaluation Panel recommends that Council award Contract No. 1013-2020, to Colbrico Pty Ltd for the “Construction of Outdoor Courts and Design & Construction of Roof Structure - Nets Stadium” for the lump sum price of $1,572,667.00 (excl. GST).

ATTACHMENTS

No. Title Page

1 Banyule City Council and Macleod College Community Joint Use Proposal

2 Tender Evaluation Matrix Contract 1013 2020 - CONFIDENTIAL



7.9 ASSEMBLY OF COUNCILLORS

Author: Ellen Kavanagh - Governance Officer, Corporate Services

EXECUTIVE SUMMARY

Under the Local Government Act 1989 an Assembly of Councillors is defined as:

A meeting of an advisory committee of the Council, if at least one Councillor is present or; A planned or scheduled meeting of at least half of the Councillors and one member of Council staff which considers matters that are intended or likely to be:

a) the subject of a decision of the Council or; b) subject to the exercise of a function, duty or power of the Council that has

been delegated to a person or committee.

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

RECORD OF ASSEMBLIES

1 Date of Assembly: 10 November 2019

Type of Meeting: CEO Recruitment – Interviews (Confidential)

Matters Considered: Confidential Personnel & Contractual Matters

Councillors Present: Peter Castaldo Alison Champion Mark Di Pasquale Rick Garotti arrived at 11.30am

Craig Langdon Tom Melican Wayne Phillips

Staff Present: Vivien Ferlaino, Governance Co-ordinator

Others Present: Lydia Wilson, Independent Chairperson of CEO Employment Matters Committee

David Baber, Fisher Leadership

Conflict of Interest: Nil


Type of Meeting: Councillor Briefing

Matters

Considered:

Items on the Council Agenda for the Ordinary Meeting of 11 November 2019 (excluding confidential items) as listed below:


ASSEMBLY OF COUNCILLORS cont’d


6.1 Election of Mayor 6.2 Consideration of Nominations for Deputy Mayor 6.3 Vote of Thanks to Outgoing Mayor and Deputy

Mayor 6.4 Appointment of Councillors on Committees

Councillors

Present:

Peter Castaldo Alison Champion Mark Di Pasquale arrived at 6.30pm

Rick Garotti Craig Langdon Tom Melican Wayne Phillips

Staff Present: Geoff Glynn – Acting Chief Executive Officer Allison Beckwith – Director Community Programs Marc Giglio – Director Corporate Services Darren Bennett – Acting Director Assets & City Services Gina Burden – Manager Governance & Communication Vivien Ferlaino - Governance Co-ordinator Emily Outlaw – Council Business Team Leader Ellen Kavanagh – Governance Officer

Others Present: Nil

Conflict of Interest:

Nil

3 Date of

Assembly:

18 November 2019

Type of

Meeting:

Councillor Briefing

Matters

Considered: Items on the Council Agenda for the Ordinary Meeting of 18 November 2019 (excluding confidential items) as listed below:

3.1 Supervised Children's Crossing Locations and Subsidy for 2020/21

3.2 Art Collection Working Group - Recommendations for Acquisition 2019/20

3.3 Banyule's Inclusive Employment Program and Local Jobs Strategy

3.4 Advisory Committees' Report

4.1 Community Emissions Reduction Plan - Community Consultation Report

5.1 7a Curzon Street, Ivanhoe (Land at Rear) - Planning Scheme Amendment C124 Part 2




5.2 Red Tape Commission Review of Planning and Building Approvals in Victoria

5.3 22 Arden Crescent, Rosanna - Banyule Planning Scheme Amendment C152 - Ministerial Refusal

5.4 North East Link Project Advocacy and Financial Update

7.1 Awarding of Sportfield Maintenance Contract 0991-2019

7.2 Award of Contract for '1009-2019 Changeroom and Pavilion Upgrade at De Winton Reserve'

7.3 Councillor Report on Conference Attendance 7.4 AK Lines Outstanding Club Debts 7.5 Assembly of Councillors 7.6 HiCity (Bedford Group) Transition Plan Update

Councillors

Present:

Peter Castaldo Alison Champion Mark Di Pasquale arrived at 6.32pm

Rick Garotti Craig Langdon Tom Melican Wayne Phillips arrived at 5.38pm

Staff Present: Geoff Glynn – Acting Chief Executive Officer Allison Beckwith – Director Community Programs Marc Giglio – Director Corporate Services Scott Walker – Director City Development Darren Bennett – Acting Director Assets & City Services Vivien Ferlaino – Governance Coordinator Emily Outlaw – Council Business Team Leader Jonathan Risby – Manager Transport Andrew Forsyth – Senior Communications Officer Lucy Rasdell – Manager Strategic Property

Others Present: Nil

Conflict of Interest:

Nil


Type of Meeting: CEO Recruitment - Interviews (Confidential)


Councillors Present: Peter Castaldo Alison Champion Mark Di Pasquale Rick Garotti Craig Langdon Tom Melican Wayne Phillips




Staff Present: Nil

Others Present: Lydia Wilson, Independent Chairperson of CEO Employment Matters Committee David Baber, Fisher Leadership



Type of Meeting: CEO Employment Matters Advisory Committee Meeting – Confidential


Councillors Present: Peter Castaldo Alison Champion arrived at 7.30pm

Mark Di Pasquale Rick Garotti Craig Langdon Tom Melican Wayne Phillips

Staff Present: Vivien Ferlaino

Others Present: Lydia Wilson, Independent Chairperson of CEO Employment Matters Committee



Type of Meeting: Councillor Briefing

Matters Considered: Councillor Training

Finance Update Transport Update

Councillors Present: Peter Castaldo Alison Champion arrived at 7.30pm

Mark Di Pasquale Rick Garotti Craig Langdon Tom Melican Wayne Phillips

Staff Present: Geoff Glynn – Acting Chief Executive Officer Allison Beckwith – Director Community Programs Scott Walker – Director City Development Gina Burden – Manager Governance & Communication Vivien Ferlaino – Governance Coordinator Kerryn Woods – Executive & Councillors Team Leader

Darren Bennett – Acting Director Assets & City Services




Tania O’Reilly - Manager Finance & Procurement Jonathan Risby – Manager Transport Paul Bellis – Transport Planning & Advocacy Coordinator

Others Present: Tony Raunic – Hunt & Hunt Lawyers


RECOMMENDATION

That the Assembly of Councillors report be received.

ATTACHMENTS

Nil

Notice of Motion


9.1 BANYULE SCOUTING GRANTS

Author: Cr Craig Langdon

TAKE NOTICE that it is my intention to move:

“That a report be presented to Council investigating the establishment of an annual grant program in the 2020/21 budget to assist the local scouting community apply for capped funding assistance from Council for minor works, or major works where there is a matched contribution from either the Scout groups themselves, or from other bodies or agencies.”

Explanation

Scouting has shaped the development of youth for more than 100 years. Scouts are in every part of our community and are one of the biggest and most successful youth organisations in Australia and around the world.

The main aim of Scouting is to provide an adventurous, challenging and fun program to youth everywhere which teaches life skills and leadership. Banyule currently has 13 Scout Groups. All the Scout Groups expect for one, are accommodated on Council land.

The Scout Association does not contribute at all to the running of the scout groups. The Scout Groups rely on membership, external grants and fundraising for new equipment and works to their facilities. They can apply for upgrades of facilities to the Scout Association if the works are essential.

Scouting fees listed on their website are $426 of which $236 goes to Scout Victoria for insurance and resources, $75 for Group fees covering training, registration, major equipment etc, $65 for maintenance levy and $50 for being a Scout. There is also $33 as a joining fee.

The Scout Groups have very limited funds to maintain their local facilities, which are heavily utilised and need constant repair and maintenance which is an expensive exercise. Banyule’s current grant program is available to scout groups but it does not offer anything substantial which would assist with Major capital works for their facilities.

As with other grant schemes there would need to be a capped limit and this could be applied to applications for both minor and major works.

Notice of Motion

BANYULE SCOUTING GRANTS cont’d


A new grants program could commence in the 2020/21 financial year to assist the Scout Groups offering both minor and major works, matched by either the local Scout Groups or other agencies such as the State or Federal Government. I would not expect the local scout groups to be able to raise say $100,000. They only have the capacity to raise money for minor grants. Scouts Victoria has money but doesn’t spend it locally to date (to my knowledge) despite their commitment to do so.

Having a dedicated grants program would not preclude the Scout groups from making budget submissions to Council under the normal annual budgetary process.

Any new grants program would need to meet the requirements and eligibility of Banyule Grants Policy and be subject to a thorough assessment process.

CR CRAIG LANGDON Olympia Ward

ATTACHMENTS

Nil

Notice of Motion


9.2 GREENING BANYULE AND URBAN HEAT

Author: Cr Craig Langdon

TAKE NOTICE that it is my intention to move:

That Council receive a report on the current success of Greening Banyule and how best to achieve a canopy cover of a minimum of 40% across the entire residential area of the City by 2040.

The report also consider:

(a) how to address increasing the canopy coverage within Business Parks and Shopping Centres including the carparks; and

(b) what measures need to be taken with Planning Permits and Building Permits which can assist in achieving a minimum 40% coverage in residential areas.

Explanation

The Living Melbourne Database Maps indicate great comparisons in the Heat Maps.

In Banyule the highest coverage of 39% coverage in Montmorency and the lowest Bundoora at 9%.

Council’s Policy “Greening Banyule” has started a massive tree planting regime however there has not been an overall aim based on the Living Melbourne Database.

Housing growth in areas low in coverage must also be considered and a planned approach must be coordinated not just in Council land but also private property.

Business Parks and Shopping Centres including their carparks greatly add to the heat of areas. Tree planting and other measures such as shade sails could also be considered where tree planting is not an option.

CR CRAIG LANGDON Olympia Ward

ATTACHMENTS

Nil

Ordinary Meeting of Council - Home | Banyule Council€¦ · 9/12/2019 · I would also like to...

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