agenda paper ordinary meeting of council€¦ · 1. prayer o god bless this city, bayside, give us...

Agenda Paper

for an

Ordinary Meeting of Council

To be held at the Council Chambers, Civic Centre, Boxshall Street Brighton

on

Tuesday, 15 December 2015 at 7.00pm

Mayor: Cr James Long BM JP Councillors: Cr Alex del Porto

Cr Laurence Evans Cr Felicity Frederico Cr Michael Heffernan Cr Bruce Lowe Cr Heather Stewart

of 116

Members of the Gallery Your attention is drawn to Section 92 of Council’s Governance Local Law No 1. Section 92 The Chair’s Duties and Discretions In addition to other duties and discretions provided in this Local Law, the Chair – (a) must not accept any motion, question or statement which is derogatory, or defamatory of

any Councillor, member of Council staff, or member of the community. (b) may demand retraction of any inappropriate statement or unsubstantiated allegation; (c) must ensure silence is preserved in the public gallery during any meeting (d) must call to order any member of the public who approaches the Council or Committee

table during the meeting, unless invited by the Chair to do so; and (e) must call to order any person who is disruptive or unruly during any meeting. An Authorised Officer must, if directed to do so by the Chairman, remove from a meeting any Councillor or other person who has committed such an offence. Your cooperation is appreciated Chairman of Council

of 116

Order of Business

1. Prayer

O God Bless this City, Bayside, Give us courage, strength and wisdom, So that our deliberations, May be for the good of all. Amen

2. Acknowledgement of Original Inhabitants

We acknowledge that the original inhabitants of this land that we call Bayside were the Boon Wurrung people of the Kulin nation. They loved this land, they cared for it, and considered themselves to be part of it. We acknowledge that we have a responsibility to nurture the land, and sustain it for future generations.

3. Apologies

4. Disclosure of any Conflict of Interest of any Councillor

5. Adoption and Confirmation of the Minutes of Previous Meeting

5.1 Confirmation of the Minutes of the Ordinary Meeting of Council held on 24 November 2015.

6. Public Question Time

7. Petitions to Council

7.1 Petition: Hanby Street Reserve and Playground

8. Minutes of Advisory Committees

8.1 Assembly of Councillors Record

8.2 Minutes of the Arts and Culture Advisory Committee meeting held on 18 November 2015


9. Reports by Special Committees

10. Reports by the organisation

10.1 Elsternwick Park Master Plan ............................................................. 20

10.2 Dendy Park Tennis Club Development Proposal ................................ 27

10.3 Hampton Willis Street Precinct – Traffic Management Options ........... 31

10.4 Future 6A Willis Street ........................................................................ 37

10.5 Surrender of Leases for Scout Sites at Willis Street and Thomas Street .................................................................................................. 42

10.6 Volunteering Action Plan ................................................................... 44

10.7 Bayside Acquisitive Art Prize .............................................................. 47

10.8 Potential Future Public Art Sites ......................................................... 50

10.9 Bayside Planning Scheme Review 2015 – Implementation Plan & Implementation of Bayside Integrated Transport Plan ........................ 52

10.10 Strategic Service Review – Arts and Culture ...................................... 56

10.11 Plan Melbourne Refresh – Discussion Paper Submission .................. 60

10.12 Loan Guarantee Application – Hurlingham Park Tennis Club Inc ........ 64

10.13 Naming of roadway – Beach Road to Half Moon Bay ......................... 67

10.13 Historic Place Investigation Submission – Sandringham Masonic Centre ................................................................................................ 70

10.14 2016 General Election Voting System ................................................ 73

10.15 Review of the Local Government Act 1989 ......................................... 77

10.16 Financial Report four (4) months to 31 October 2015 ......................... 79

10.17 VCAT Decisions ................................................................................. 92

10.18 Council Action Awaiting Report ........................................................... 97

11. Reports by Delegates

12. Urgent Business

13. Notice of Motions

14. Confidential Business

Schedule of Meetings for 2016

Wednesday 27 January 2016 Tuesday 23 February 2016 Tuesday 22 March 2016 Tuesday 26 April 2016 Tuesday 24 May 2016 Tuesday 21 June 2016

1. Prayer

O God Bless this City, Bayside, Give us courage, strength and wisdom, So that our deliberations, May be for the good of all, Amen

2. Acknowledgement of Original Inhabitants

We acknowledge that the original inhabitants of this land that we call Bayside were the Boon wurrung people of the Kulin nation. They loved this land, they cared for it and considered themselves to be part of it. We acknowledge that we have a responsibility to nurture the land, and sustain it for future generations.

3. Apologies

4. Disclosure of any Conflict of Interest of any Councillor

5. Adoption and Confirmation of the minutes of previous meeting

5.1. Confirmation of the Minutes of the Ordinary meeting of Bayside City Council held on 24 November 2016.

6. Public Question Time

7. Petitions to Council

8. Minutes of Advisory Committees

9. Reports by Special Committees

Page 4 of 116

Ordinary Meeting of Council Tuesday 15 December 2015 6. Public Question Time

Ordinary Meeting of Council Tuesday 15 December 2015 7. Petitions to Council 7.1 Petition: Hanby Street Reserve and Playground

Ordinary Meeting of Council Meeting Tuesday, 15 December 2015

7.1 Petition: Hanby Street Reserve and Playground

Corporate Services - Governance

File No: FOL/15/1234

Petition requesting Council to install fencing at the Hanby Street Reserve (12 signatures)

“We the undersigned hereby petition Bayside City Council to erect a fence across the Hanby Street Reserve or erect a fence around the perimeter of the playground to provide a safe environment for children utilising the very popular playground whilst traffic is speeding along Hanby Street Brighton.

Please help keep our children safe and erect a fence around the playground together with street signage indicating a “children’s playground drive slowly”.

Petition Requirements

The attached petition meets the required format of a petition in accordance with Council’s Governance Local Law Clause 65.

It should be noted that the petitioners’ name, address and signature have been suppressed in accordance with the Privacy and Data Protection Act 2014.

Recommendation

That the petition be received and a report be submitted to the March 2016 meeting cycle for consideration.

Page 7 of 116

Ordinary Meeting of Council Tuesday 15 December 2015 8. Minutes of Advisory Committees 8.1 Assembly of Councillors Record 8.2 Minutes of the Chief Executive Officer Employment Matters Committee

held on 18 November 2015 8.3 Minutes of the Arts and Culture Advisory Committee meeting held on

30 November 2015


8.1 Assembly of Councillors Record



1. Purpose of the Report

To formally report to Council on the Assembly of Councillors records in accordance with the Local Government Act 1989.

2. Background

On 24 September 2010, the Local Government and Planning Legislation Amendment Act 2010 was proclaimed.

As a result of that legislation the definition of an ‘Assembly of Councillors’ was amended together with the requirements for an assembly of Councillors.

The definition of an ‘Assembly of Councillors’ was amended to:

a) include a meeting of an Advisory Committee of the Council, if at least 1 Councillor is present; and

b) apply to a scheduled / planned meeting comprising half of the Councillors and at least 1 officer.

A requirement was also included to require the written record of an assembly of Councillors to be reported to the next practical Ordinary Meeting of the Council, and recorded in the minutes of that meeting.

Guidance material has been provided by the Department of Planning and Community Development which provides that a record of an assembly of Councillors should be a simple document that records the following:

Date, time and location of the assembly

Attendees: The names of all Councillors and staff;

Items discussed at the assembly

Any disclosures of interest by a Councillor attending the assembly and whether that Councillor left the assembly prior to the discussion on the matter.

3. Discussion

Since the introduction of the new requirements for an Assembly of Councillors, the following assemblies have taken place and a copy of the record for each is attached:

Date Name

1 December 2015 CEO and Councillor Only session

1 December 2015 Councillor Briefing session

Page 8 of 116


4. Implications

4.1. Policy

There are no policy implications associated with this report.

4.2. Legal/Statutory requirements

This report is presented in accordance with the requirements of the Local Government Act 1989.

4.3. Financial and resource implications

There are no financial or resource implications associated with this report.

4.4. Environmental impacts

There are no environmental impacts associated with this report.

4.5. Social impacts

There are no social impacts associated with this report.

Recommendation

That Council notes the Assembly of Councillor records submitted as required by the Local Government Act.

Date Name

1 December 2015 CEO and Councillor Only session

1 December 2015 Councillor Briefing session

Page 9 of 116


Page 10 of 116


Page 11 of 116


Page 12 of 116


8.2 Minutes of the Chief Executive Officer Employment Matters Committee held on 18 November 2015


File No: COR 1234


To advise Council of the business transacted at the Chief Executive Officer’s Employment Matters Committee Meeting held on 18 November 2015.

The Minutes of the Chief Executive Officer’s Employment Matters Committee held on 18 November 2015 are presented in-camera in accordance with the Local Government Act 1989 Section 89(2)(a) and (d) given the minutes relate to a personnel matter and a contractual matter.

2. Background

Council at its meeting held on 20 May 2014 resolved to establish an Advisory Committee of Council known as the Chief Executive Officer’s Employment Matters Committee.

The responsibilities of the Committee are to:

Make recommendations to Council on contractual matters relating to the Chief Executive Officer or the person appointed to act as the Chief Executive Officer including the following:

The appointment of the Chief Executive Officer

Remuneration and conditions of appointment of the Chief Executive Officer

Any extension of the appointment of the Chief Executive Officer under section 94(4) of the Local Government Act 1989;

Conduct performance reviews of the Chief Executive Officer; and

Perform any other prescribed functions and responsibilities.

The membership of the Committee consists of 1 suitably qualified externally appointed Chairperson, Ms Paula Giles and four Councillors comprising of the Mayor Cr Long and Councillors Stewart, Frederico and Heffernan.

3. Discussion

The Chief Executive Officer’s Employment Matters Committee was held on 18 November 2015 to discuss the draft contractual arrangements for the re-appointment of the Chief Executive Officer.

4. Implications

4.1. Policy



It is a requirement of the Advisory Committee of Council that the minutes of meetings be considered by Council to formally resolve on matters considered by the Advisory Committee.



Page 13 of 116




4.5. Social impacts


5. Consultation and engagement

Consultation and engagement has occurred between all Councillors and the Chief Executive Officers Employment Matters Committee and the Chief Executive Officer.

6. Summary

It is proposed that the minutes of the Chief Executive Officer’s Employment Matters Committee held on 18 November 2015 be noted and the actions of the Committee be endorsed.

Recommendation

That the minutes of the Chief Executive Officer’s Employment Matters Committee held on 18 November 2015 be considered in-camera, given the matters raised in the minutes relate to a personnel and contractual matter in accordance with section 89(2)(a) and (d) of the Local Government Act 1989.

Page 14 of 116




File No: COR1234


To present the minutes of the Arts and Culture Advisory Committee meeting held on 30 November 2015 to Council for noting.

2. Background

Council at its meeting in November 2013 established an Arts and Culture Advisory Committee to provide a mechanism for Council to consult with key stakeholders, seek specialist advice, and enable greater community participation in arts and cultural planning and development.

A copy of the 30 November 2015 minutes of the Arts and Culture Advisory Committee is attached for Council’s information.

3. Implications

3.1. Policy

The Arts and Culture Advisory Committee is guided by Council’s Community & Stakeholder Engagement Policy, which outlines Council’s commitment to responsive community and stakeholder engagement, with quality decision making reflecting the values of the community.


There are no legal or statutory requirements associated with this report.





3.5. Social impacts

The Arts and Culture Advisory Committee provides a social impact by providing community members with an opportunity to provide advice on Council policies and strategies, and to consider issues and opportunities relating to libraries, arts and cultural development.


The minutes of the meeting are a direct result of the engagement with the Arts and Culture Advisory Committee.

5. Summary

It is proposed that the minutes of the Arts and Culture Advisory Committee meeting held on 30 November 2015 be noted.

Recommendation

That Council notes the minutes of the Arts and Culture Advisory Committee meeting held on 30 November 2015.

Page 15 of 116


Page 16 of 116


Page 17 of 116


Page 18 of 116


Page 19 of 116

Ordinary Meeting of Council Tuesday 15 December 2015 9. Reports by Special Committees

There were no reports by Special Committees submitted to the meeting.

Ordinary Meeting of Council Tuesday 15 December 2015 10. Reports by the organisation

10.1 Elsternwick Park Master Plan ....................................................................... 20

10.2 Dendy Park Tennis Club Development Proposal ........................................ 27

10.3 Hampton Willis Street Precinct – Traffic Management Options .................. 31

10.4 Future 6A Willis Street .................................................................................. 37

10.5 Surrender of Leases for Scout Sites at Willis Street and Thomas Street.... 42

10.6 Volunteering Action Plan ............................................................................. 44

10.7 Bayside Acquisitive Art Prize ........................................................................ 47

10.8 Potential Future Public Art Sites ................................................................... 50

10.9 Bayside Planning Scheme Review 2015 – Implementation Plan & Implementation of Bayside Integrated Transport Plan................................. 52

10.10 Strategic Service Review – Arts and Culture ............................................... 56

10.11 Plan Melbourne Refresh – Discussion Paper Submission .......................... 60

10.12 Loan Guarantee Application – Hurlingham Park Tennis Club Inc ............... 64

10.13 Naming of roadway – Beach Road to Half Moon Bay ................................. 67

10.13 Historic Place Investigation Submission – Sandringham Masonic Centre .. 70

10.14 2016 General Election Voting System ......................................................... 73

10.15 Review of the Local Government Act 1989 .................................................. 77

10.16 Financial Report four (4) months to 31 October 2015 ................................. 79

10.17 VCAT Decisions ............................................................................................ 92

10.18 Council Action Awaiting Report .................................................................... 97


10.1 Elsternwick Park Master Plan

Community Services -



This report provides a summary of feedback received from community consultation on the two draft Elsternwick Park master plan (northern section) options and presents a preferred Elsternwick Park Master Plan (northern section) for Council adoption.

2. Background

2.1 Introduction

At its 25 August 2015 meeting Council endorsed two draft master plan options for Elsternwick Park (northern section) for the purpose of community engagement with feedback to be considered at the 15 December 2015 Council meeting. Both options propose the closure of the Elsternwick Golf Course and include facilities to improve community sporting outcomes. Option 1 includes a commercially operated golf driving range (refer attachment A) and Option 2 is a no golf option (refer attachment B).

Both options provide the following improved sporting facilities which were the impetus for developing a master plan in the first place:

Redeveloped Ovals 1 and 2, including a senior sized Oval 2;

Renewed Oval 1 and 2 pavilions; and

Improved car parking.

Also, both options provide the following additional community benefits:

Significant return of open space (approximately 8 hectares for Option 1 and 10 hectares for Option 2);

Increased connectivity throughout the site, including a pedestrian link to a nearby public transport hub and continuation of the Elster Creek Trail; and

Improved landscaping, playground and parkland facilities.

2.2 Community Engagement – Activities and Summary Results

For a period of two months (26 August – 20 October) feedback was sought upon the two master plan options.

The project attracted significant interest with:

2600 unique website visits;

215 contributions to the online forum;

648 individual responses to a ‘quick poll’ voting system with 16% (103 people) supporting Option 1, 62% (403 people) supporting of Option 2 and 22% (142 people) did not like either option;

145 people attending at least one of the drop in sessions; and

104 submissions made via letter or email.

The majority of interest came from residents in the areas surrounding the Park. Postcode summary of respondents to the online and drop in session are listed in the following table:

Page 20 of 116


Area Online ‘Quick Poll’ Drop in sessions

% response % response

Brighton 55% 56%

Brighton East 4% 0%

Other Bayside residents 1% 9%

Total Bayside 60% 65%

Elwood 13% 20%

Elsternwick 9% 7%

St Kilda 1% 0%

Other 17% 8%

Total Non Bayside 40% 35%

Total 100% 100%

Respondents’ main reasons for not supporting Option 1 related to perceptions of:

Height and visual impact of fencing required along New Street;

Increased traffic;

Noise;

Impact of lighting;

Closure of the golf course; and

Potential environmental impacts.

A summary of feedback received during the community consultation period is included in Attachment C – Elsternwick Park Master Plan Community Engagement Summary.

2.3 Victorian Amateur Football Association – Development Proposal

The Victorian Amateur Football Association (VAFA) has made a submission to Council to upgrade Oval No.1 and pavilion facilities, inclusive of home ground facilities for the Old Melburnians Football Club (OM).

The VAFA’s proposed funding model incorporates contributions from the State Government, VAFA, AFL Victoria, the OM and Council. The State Government has indicated that it will provide a substantial funding contribution towards the relocation of the OM and to improve facilities for the VAFA and umpires.

The submission includes upgrading and expanding the existing pavilion, including VAFA office area and community function space, redeveloping Oval No. 1, improving facilities for umpires and facilities to improve sporting opportunity for women.

The proposal is consistent with facility improvements identified within both masterplan options and relates to the Oval 1 Precinct only.

Page 21 of 116


3. Discussion

3.1 Master Plan Options

3.1.1 Option 1 - Golf Driving Range

Option 1 provides the community and sporting benefits Council is seeking from redeveloping the site, including a more optimal financial outcome, however this option received less support from respondents during the engagement process (refer section 4.3), mainly due to concerns regarding the impact of a driving range on local amenity.

A more detailed assessment of the driving range proposal, to address community concerns and minimise local amenity impact, is warranted however, this option remains the preferred development option in the draft masterplan when all things are considered. This option:

Returns much of the land (approximately 8 hectares) currently occupied as part of the Elsternwick Golf Course back to open space to meet community sport and recreation purposes and open parkland;

Is the more financially sustainable option, providing the highest financial return to Council of all the options; and

Maintains some golfing activity at the site through the operation of the driving range.

Whilst Option 1 provides recreation and financial benefits, it does require the removal of vegetation (approximately 90 trees) and displacement of existing golf course users. It is believed that these issues can be responded with improved landscaping and tree planting and relocation of users to other golf course e.g. Council’s Brighton Golf Course.

3.1.2 Option 2 - No Golf

The No Golf option received more support from respondents through the community feedback process. Feedback from residents suggests that support for Option 2 arises from perceptions that the golf driving range facility would create significant residential amenity issues.

A ‘no golf’ development option for Elsternwick Park provides the lowest level of impact upon the park and releases 10 hectares of open space for community access compared to the golf driving range 8 hectares.

The ‘No Golf option would retain the majority of existing trees (the relocation of Oval No. 2 will require some vegetation removal), remove fencing, provide spaces for linear trails and spaces for recreational activities and create an off road connection for the Elster Creek trail.

The additional 2 hectares of open space provided through this option is unlikely to provide any additional recreational opportunities for the local community that could not be achieved through Option 1. However it does secure land for potential recreational use such as a third oval, if required into the future (two ovals are expected to meet local sporting needs for the next 15 years).

There are much greater cost implications to Bayside in realising a ‘no golf’ option. It is estimated that an annual cost totalling $475,500, including annual operating costs comprising open space maintenance costs and loss of lease payments will be incurred.

In addition to the two masterplan options that have been the subject of community engagement there are two further options that were raised during this process. These two additional concepts are discussed below:

3.2 Status Quo (retain Golf Course)

Feedback provided through the engagement process called for the maintenance and potential improvement of the golf course.

Page 22 of 116


Given the poor performance of the course and limited ability to change its configuration, the retention of the golf course is not considered financially viable as an ongoing proposition. There are low levels of golf activity recorded at the course. in 2010/11 26,032 rounds of golf was recorded, which is much lower than the Contractor’s budgeted 37,366 rounds (a target of 50,000 rounds is considered a reasonable benchmark of activity for a nine hole golf course).

In addition, the retention of the golf course restricts Council’s ability to relocate Oval No.2 and improve community access to the Park. Oval No.2 is considered Council’s worst preforming oval with restrictions applied during winter. Both master plan options 1 and 2 addressed the need to upgrade Oval No. 2.

Given the declining trends in traditional golf participation, the cost to Council, findings of previous studies indicating that the EPGC is unsustainable, low patronage, poor condition of the golf course, financial losses declared by the Contractor and with no ability for Council to meet local community sporting needs, the status quo option is not considered viable.

3.3 VAFA Development

The community would benefit from the proposed facility improvements to Oval No.1 in terms of cricket activities and a proposed function room to be shared with community groups. The proposed relocation of OM to Elsternwick Park results from the State Government’s commitment to consolidate 12 month cricket use of the Junction Oval (Albert Park). As part of this commitment it is financially supporting the relocation of OM from the Junction Oval. The OM have been based at the Junction Oval for the past 20 years and are unable to occupy the site beyond 2016.

The proposal provides an opportunity to secure funding from the State Government to improve community facilities in particular female sporting facilities and offset Council’s cost. This requires further discussions with the State Government, VAFA. OM and AFL Victoria to determine funding contributions, project costings and full extent of community benefit from the proposal.

4. Implications

4.1. Policy

Improvement to recreation facilities and Council’s open spaces is supported by the Council Plan 2013 – 2017, Open Space Strategy 2012, Recreation Strategy 2013, Wellbeing for All Ages and Abilities Strategy and Sportsground Pavilion Improvement Plan 2013.


As Elsternwick Park is Crown Land, future development may require consideration and approval from the Minister for Crown Lands.

In 2008 Council leased the current golf course to Leisure Management Services (LMS) for a 20 year period, comprising an initial term of ten years and two five year options, at the discretion of LMS. Confidential legal advice concerning Council’s risks with the current lease arrangement for the operation of the Elsternwick Golf Course has been separately circulated to Councillors.


The capital cost and ongoing operating costs associated with each option, are compared to the current financial position and listed in the following tables:

Page 23 of 116


Capital Funding – Project costs

Capital Contributions Option 1

with a driving range

Option 2

without golf

External funding

Golf Range – LMS $5.5M

State Government

VAFA $2.5M $2.5M

Council Funding

$8.7M

$8.9M

Total Master Plan costs

$16.7M

$11.4M

Council’s Long Term Financial Plan nominates the following Council capital funding towards the implementation of a master plan for Elsternwick Park:

Year 2015/16 2016/17 2017/18 2018/19 Four Year Total

>2019/20 (allocation to be included in future capital program

Amount $0.15M $0.30M $1.65M $3.6M $5.7M $3.0M (approximate)

Operating Result – Annually Ongoing

Master Plan options compared to status quo

Option 1

With a golf driving range

Option 2 –

Without Golf

Additional maintenance costs ($219,000) ($264,000)

Additional lease payments $103,000

Loss of existing lease ($108,500) and additional payments ($103,000)

$0 ($211,500)

Net Operating Result (compared to current cost) ($)= cost

($116,000)

($475,500)


Council is committed to achieving positive environmental outcomes through environmentally sustainable design principles, which will be incorporated within the design development process.

4.5. Social impacts

The Bayside ‘Active by the Bay’ Recreation Strategy (2013-2022) supports the renewal and development of recreation and sporting facilities. Improved recreation and sporting facilities provide an opportunity for increased community connectivity and greater social health outcomes.

Page 24 of 116



Engagement has been conducted in accordance with Council’s Community Engagement Policy and Framework. A summary of feedback received during the public exhibition period is included in Attachment B – Elsternwick Park Master Plan Community Engagement Summary.

6. Summary

Whilst Option 1, (with a golf driving range) has proven the less preferred option of the two options canvassed with residents (including Bayside and non-Bayside residents), it has been assessed as providing significant overall outcomes, in both open space and financial and therefore remains as the preferred master plan option for Elsternwick Park (northern section). It is the most balanced of the considered options and achieves positive financial return in a rate-capping environment.

Preferred Option – with a driving range

Community and sporting facilities

Option 1 includes redevelopment of Ovals 1 & 2, renewal and upgrade of two pavilions, improved parking and installation of new ,walking tracks.

Open Space

Option 1 returns 8 hectares of open space for community and sporting activities.

Vegetation

Option 1 identifies approximately 90 trees will require removal however additional landscaping and planting on the site will be undertaken to ensure that the impact on the amenity is minimised.

Amenity concerns raised during consultation

Technical advice and further consultation is required to mitigate and minimise the amenity concerns raised during the consultation process including height and visual impact of fencing, increased traffic, noise and the impact of lighting.

Change in golf activities from a golf course to a driving range

Option 1 requires the closure of the Elsternwick Golf course. Council would work with current golf course users (50 members from Elsternwick Sports Clubs) to identify opportunities for the relocation of golfing activities to Council’s Brighton Golf Course.

Council cost

The redevelopment of Elsternwick Park (North) with a driving range will cost Council significantly less per year ($359,500 in 2015 dollars) than Option 2 without golf.

Page 25 of 116


Recommendation

That Council:

1. adopts the Elsternwick Park Master Plan (northern section), incorporating a golf driving range (as set out as Attachment A);

2. seeks detailed design and technical reports to respond to the following issues:

a. Height and visual impact of fencing along New Street;

b. Traffic impacts;

c. Noise;

d. Impact of lighting;

e. Environmental impacts;

3. authorises the Chief Executive Officer to negotiate with the State Government, AFL Victoria, Victoria Amateur Football Association and Old Melburnians Football Club on the redevelopment of the Oval No 1 Precinct including the following matters:

a. improved community access, including expanded and improved facilities for cricket and female sporting participation; and

b. improvements to amenity in the Oval No. 1 Precinct.

4. advises submitters of the outcome of Council’s consideration of the Elsternwick Park Master Plan (northern section).

Page 26 of 116


10.2 Dendy Park Tennis Club Development Proposal

Community Services - Youth, Recreation & Events

File No: PSF/15/1126

1. Purpose of the Report This report considers a proposal (the Proposal) from a consortium, comprising of Tennis Australia (TA), Dendy Park Tennis Club (DPTC) and a commercial health club provider, to redevelop the tennis facilities and develop a private health club at Dendy Park.

2. Background 2.1 Dendy Park Tennis Club

DPTC was established in 1971 on Council land at Dendy Park. Historically, DPTC was regarded as a premier regional tennis facility. DPTC, with its 19 clay courts, is the only tennis facility in Bayside that has sufficient number of courts to be a regional standard tennis facility. Redevelopment of DPTC has been earmarked by TA as one of three regional facilities in Australia able to host major clay court tournaments.

However, over the years the facility has not kept up with modern standards and is unable to provide the diverse playing opportunities and tennis pathways expected at a regional facility. The increasing costs of maintaining deteriorating court facilities with a declining membership, is impacting on the longer term viability of the DPTC.

2.2 Commercial health club proposal at Dendy Park

In late 2014, the consortium submitted a proposal to redevelop the tennis facilities and develop a large private health club facility at Dendy Park.

The Proposal requires that Council extends the current area leased to DPTC (14,000 m²) by an additional 5,000m², with DPTC then subletting the land to the health club. The Proposal is on the basis that DPTC would continue to pay Council a community, rather than commercial, lease rental.

The proposed redevelopment of tennis facilities include:

Up to 16 championship clay/ en tout cas courts with ancillaries;

Pro tour level lighting to all courts;

Hotshot (modified - smaller) courts for children and junior players;

Refurbished and modernised clubhouse with disability access and lift; and

Viewing areas, shade structures and recreational space.

The Proposal includes the development of a commercial health and racquet club, comprising of a (4,000 m²) gymnasium and wellness facility, squash courts, parking (75 spaces), 25 m indoor pool, spa, steam room and sauna, bar and café/ restaurant, crèche and specialty retail and services.

2.3 Previous commercial health club proposal

In 2006 Council considered a similar development proposal involving TA and a commercial health provider. In 2007 Council undertook an Expression of Interest process (EOI) to evaluate and test the public value of the commercial health club concept at Dendy Park. After evaluating the EOI submissions, Council resolved that there was insufficient financial and community benefit and did not proceed with this proposal.

3. Discussion 3.1 Proposal Assessment

Both components of the Proposal (redevelopment of DPTC and the development of a commercial health club) were reviewed and assessed against Council’s objectives and community needs as articulated in relevant policies, strategies, plans and legislation. A summary of the findings of the assessment are as follows:

Page 27 of 116


3.2 Summary of financial assessment The consortium proposes that DPTC would remain head lessee of the community lease and sublet to the private health club, with Council potentially receiving a ‘dividend’. The consortium proposal is based on a minimum 30 year lease. An independent market assessment found that the proposed return to be significantly below what Council could expect if it were to directly lease the health club land on the open market with a commercial zoning. Due to the commercial nature of the health club proposal in a competitive market, the Proposal may also present competitive neutrality implications for Council. Further details of the assessment are provided as an attachment under Confidential Business.

3.3 Strategic assessment of the Proposal The assessment found that a potential redevelopment of DPTC, on its current footprint, to be consistent with Council’s strategic objectives, in particular the following:

Dendy Park Master Plan 2014

Protect the environmental and natural qualities of the park

Ensure existing open space for passive recreation be not just maintained but strengthened

Ensure built form does not dominate park surrounds

Open Space Strategy 2012

Ensure no net loss of accessible open space in Bayside

Avoid the development of spaces for specific uses that exclude others

Recreation Strategy 2013-2022

Provide a sustainable model and distribution of tennis facilities in Bayside

Provide sporting pathways

Increase capacity, accessibility and functionality of existing facilities

Enhance financial viability of clubs using Council facilities

Improve condition and accessibility of recreation infrastructure on public land

Wellbeing for All Ages and Abilities 2013-2017

Advocate for affordable, accessible and appropriate services in Bayside

Support opportunities for physical activities that are inclusive

Improve infrastructure that supports physical activity

Tourism Strategy 2013

Support, attract and develop tourism attractions - major events

3.4 Benefits of redevelopment of Dendy Park Tennis Club

The potential redevelopment of the DPTC should be considered as part of the overall provision of tennis in Bayside. The specific benefits of the redeveloping DPTC include:

addresses asset renewal issues of the DPTC;

promotes physical activity and social connection through tennis participation and club membership;

provides player development and pathways;

improves accessibility and inclusivity of tennis programs, services and facilities;

maintains the balance of ‘passive and active’ open space for other recreational uses at Dendy Park;

improves the financial sustainability of the DPTC;

provides an opportunity to explore different tennis club management models and partnerships;

generates tourism ‘spend’ through the hosting of major tennis tournaments; and

aligns with Council’s strategies, plans and policies (including Dendy Park Master Plan, Recreation, Tourism and Open Space strategies).

Page 28 of 116


3.5 Commercial health club implications

The assessment found that that commercial health club element of the Proposal did not provide sufficient public value as assessed against Council’s objectives for the following reasons:

the alienation of public open space for commercial use;

does not align with community expectations as articulated in the Dendy Park Master Plan 2014 and Open Space Strategy 2012;

no compelling community need identified for a ‘high end’ health club facility as local area is well serviced with health club/ fitness options;

the relatively low financial return to Council from the health club proposal;

may present competitive neutrality implications for Council; and

other than employment opportunities, the Proposal does not deliver objectives as identified in relevant Council strategies.

3.6 Overall assessment

The assessment finds that due to the relatively low financial return, lack of strategic alignment and impacts to Dendy Park, there is not sufficient public value in the commercial health club component of the Proposal.

However, the assessment finds there to be sufficient alignment with Council’s strategic objectives to consider the potential redevelopment of DPTC to a regional standard. This would be considered in the overall context of tennis provision in Bayside, and articulating Council’s role.

3.7 Strategic provision for tennis in Bayside

Tennis is the highest participation sport in Bayside and is delivered through a variety of facilities of varying quality and standards. The Recreation Strategy identified the need to develop a strategy for tennis in Bayside.

At its 25 August 2015 meeting, Council endorsed the submission of an application to the Victorian Government’s 2016/17 Community Sports Infrastructure Fund for the preparation of a Bayside Tennis Strategy. It is planned that this strategy will also consider the alignment and feasibility of a regional tennis facility in Bayside, as part of the overall provision of tennis in Bayside.

A tennis strategy for Bayside would seek to undertake the following:

Assess the current state of supply and community demand for tennis in Bayside;

Determine what is a sustainable distribution, hierarchy and utilisation of tennis facilities that aim to meet community demand and the sport’s current and future needs;

Explore appropriate management and sustainable funding models for tennis facilities;

Define what is the extent and nature of Council’s role in the provision of tennis in Bayside;

Determine the long term financial implications for Council’s support of tennis; and

Develop a prioritised and costed plan for the implementation of the Bayside Tennis Strategy.

4. Implications

4.1. Policy

A redevelopment of the DPTC would require a review of its lease in accordance with the Leasing Policy 2008.


Not applicable to this report


See Section 3.2. Further details of the financial assessment are provided as an attachment under Confidential Business.

Page 29 of 116



A redevelopment of the DPTC on its current footprint is consistent with the objectives of the Open Space Strategy and Dendy Park Masterplan as discussed in Section 3.3.

4.5. Social impacts

Improving the health and wellbeing of the Bayside community through being physically active and socially connected is a key objective in Council’s Wellbeing for All Ages and Abilities Strategy. The Recreation Strategy refers to providing a sustainable model for tennis in Bayside, providing sporting pathways, and increasing the capacity and functionality of existing facilities.

5. Consultation and engagement Council, TA and DPTC have had ongoing discussions with regard to the planned Bayside Tennis Strategy. The development of a Tennis Strategy will include extensive engagement with the community and stakeholders.

6. Summary

In late 2014, Council was approached by a consortium that included Tennis Australia, Dendy Park Tennis Club and a commercial health club provider with a proposal to redevelop the tennis facilities and develop a large private health club at Dendy Park. The Proposal relied upon Council extending the current leased footprint of the DPTC to accommodate the commercial health club. It also relied upon the DPTC retaining a community rental rate from Council, with DPTC then sub-letting land to the commercial health club.

The assessment of the Proposal found that due to the relatively low financial return, lack of strategic alignment and impacts to Dendy Park, there is not sufficient public value in the commercial health club component of the Proposal. However, a potential redevelopment of the DPTC to regional standard facility should be considered in the context of overall provision of the Bayside Tennis Strategy. In August 2015, Council endorsed the submission of a grant application to the Victorian Government to develop a tennis strategy for Bayside in 2016/17.

Recommendation

That Council:

1. resolves not to support the development proposal presented by Tennis Australia, Dendy Park Tennis Club and a commercial health club provider to develop a commercial health club at Dendy Park;

2. advises Dendy Park Tennis Club and Tennis Australia of Council’s decision not to support the proposal to develop a commercial health club at Dendy Park; and

3. notes that a potential redevelopment of the Dendy Park Tennis Club will be considered as part of the preparation of a Bayside Tennis Strategy in 2016/17. The Bayside Tennis Strategy will be developed in consultation with Tennis Victoria and Bayside tennis clubs, and will seek to undertake the following:

Assess the current state of supply and community demand for tennis in Bayside;

Determine what is a sustainable distribution, hierarchy and utilisation of tennis facilities that aim to meet community demand and the sport’s current and future needs;

Explore appropriate management and sustainable funding models for tennis facilities;

Define what is the extent and nature of Council’s role in the provision of tennis in Bayside;

Determine the long term financial implications for Council’s support of tennis; and

Develop a prioritised and costed plan for the implementation of the Bayside Tennis Strategy.

Page 30 of 116


10.3 Hampton Willis Street Precinct - Traffic Management Options

City Planning and Amenity - Urban Strategy

File No: PSF/14/340


To consider the approach to traffic movement and implications for the Hampton Willis Street Precinct, following Council’s resolution to defer consideration of a preferred traffic outcome at its Ordinary Meeting of 25 August 2015.

2. Background

At its 17 December 2013 Ordinary Meeting, Council adopted the Hampton Willis Street Precinct Urban Design Framework (UDF) as its preferred urban development vision for the precinct. An action of the UDF is that:

‘Koolkuna Lane is to carry two way traffic and will be realigned from its current arrangement in order to meet Willis Street at 90 degrees. This will involve (inter alia):

The consolidation of the scout hall site with the DHS land.’ (p15)

At its Ordinary Meeting of 16 September 2014, Council endorsed a community consultation program to provide an opportunity for local residents and key stakeholders to have input into the three options for the Koolkuna Lane realignment to enable a final decision for traffic movement. A public consultation process occurred throughout February 2015 with two additional options presented by the Hampton Neighbourhood Association (HNA). All five options were presented to the community for consideration (refer Attachment 1).

At its Ordinary Meeting of 28 April 2015, Council adopted its preferred alignment for Koolkuna Lane, to proceed with the UDF road alignment option referred to as Option C. Council also resolved at this meeting to commence implementation of Option C, including commencing statutory processes for the creation of the realigned road and undertaking detailed design.

Following this resolution, VicTrack and the Department of Health and Human Services (DHHS) confirmed as the adjoining land owners that they would object to the closure of the existing Koolkuna Lane alignment. This would limit Council’s opportunity to alter the existing road configuration.

At its Ordinary Meeting of 28 July 2015 Council considered a report outlining issues that arose regarding the proposed closure of Koolkuna Lane and the future use of the Willis Street Scout Hall site. It was resolved that:

The proposed closure of that section of Koolkuna Lane adjacent to the Department of Health and Human Services land not proceed.

Further discussions be held with residents and stakeholders in the Willis Street precinct on alternative traffic management options.

A further report be presented to the August Ordinary Meeting of Council to consider the traffic management options for the Willis Street precinct and the future of the 6A Willis Street site.

Given Council’s resolution to keep Koolkuna Lane open, officers recommended at the 25 August 2015 Ordinary Meeting that Council proceed to implement the Option A traffic solution, which kept the existing road configuration and required a redirection of traffic flow along Koolkuna Lane. At this meeting, Council resolved to defer consideration of Option A and (inter alia):

Page 31 of 116


Investigate further options for traffic management within the precinct and communicate with stakeholders;

Receive a further report no earlier than the November Ordinary Meeting of Council outlining the outcomes of the traffic investigations; and

Consult with all stakeholders, interested parties and individuals.

3. Discussion

3.1. Stakeholder Workshops

An engagement approach was developed which encouraged all stakeholders to work collaboratively to consider all options for vehicle movements and the bus interchange, create a clear understanding between stakeholders about negotiables and non-negotiables and to investigate and discuss options and implications.

Individual meetings with stakeholders were held throughout October 2015 to discuss the approach and confirm participation.

Two facilitated stakeholder workshops were held on 4 and 25 November 2015 with representatives of DHHS, VicTrack, HNA, Hampton Street Traders Association (HSTA), Hampton Community Centre, Hampton Playhouse, Public Transport Victoria (PTV), and two Willis Street residents not closely associated with the HNA invited to participate.

A range of options were explored through this process, however consensus was not able to be reached on an agreed traffic movement option. There were varying degrees of compromise willing to be put on the table, however some parties were unwilling to compromise. An analysis of the options discussed is provided below and at Attachment 2.

3.2. Consolidation of Bus routes 708 and 828

Some stakeholders expressed strong support for Council to advocate to PTV for a review of bus routes 708 and 828 to support their consolidation into a single route. This would avoid the need for buses to terminate and idle at Hampton Station and reduce the overall number of bus bays required. This option would aim to drop bus passengers directly onto Hampton Street with an aim to minimise impacts on car parking or trading and keep buses away from residential properties. Whilst there was some strong support expressed for this review within the group, PTV has indicated that such a change would result in much broader implications for bus services in Bayside as the routes would not be reviewed in isolation and a broader review would be required. It is expected that this review could take at least two years to commence and at least one year to complete. Irrespective of the need for a review, PTV is not supportive of the outcome and no consultation has occurred to understand the implications for bus users. Given the uncertainty of the outcome and implications of the review, it is proposed that Council does not pursue a review.

3.3. Hampton Street Interchange Options

This option (refer Attachment 3) would result in the bus interchange being located on Hampton Street. The original intent of this option was that the bus routes would be consolidated therefore reducing the number of bus bays required and avoiding buses idling on Hampton Street in front of businesses.

As outlined at Section 3.2, PTV has expressed that a review of bus routes is both unlikely, expensive and time consuming, and may not result in the outcome sought.

Page 32 of 116


As a Hampton Street location seemed generally agreeable to stakeholders, Council explored a number of variations. Options included locating buses in a variety of possible locations on Hampton Street however the option became less viable when considering where and how buses would turn around. A Hampton Street interchange would require buses to either travel through Council car parks or other areas, including residential areas.

The Hampton Street options are not considered to be feasible due to the potentially significant impact on car parking, particularly in Hampton Street, impact on Council land holdings and the possibility of buses being directed into other residential areas. In addition, if the buses were required to cross the railway line, this is also likely to result in service delays.

Depending on the variations to this option, the cost to implement a Hampton Street interchange is estimated to be between $450,000 and $600,000.

Whilst a Hampton Street location has merit, the difficulty in turning buses around without broader implications means that the Hampton Street options are not recommended to be implemented.

3.4. Willis Street Interchange Options

The Willis Street interchange option (refer Attachment 4) would see buses dropping passengers at the existing bus stop in Willis Street beside the public toilets. This option would require some reconfiguration of the adjoining car park and would largely not impact Council land holdings. These options still require buses to travel past residential properties in Willis Street to exit the precinct. Locating the bus interchange in Willis Street resolves the conflict of left turning buses into Willis Lane and largely avoids impacting Council land holdings. Pedestrians are required to walk approximately 175m from the new interchange to Hampton Railway Station which includes passing the Woolworths loading bay entrance. The path along the east of Willis Lane does not provide weather protection and is narrow. Pedestrians also pass a number of loading bays and vehicle crossings to travel to the Railway Station from the proposed interchange location. A possible improvement is to construct a new footpath along the western side of Willis Lane however this may impact on car parking provision. The Willis Street interchange location does not present an acceptable outcome if there is an alternative solution. This option is estimated to cost approximately $360,000.

A variation to this option is to introduce a roundabout at the Willis Street/Willis Lane intersection. The roundabout would be at considerable cost to Council and does not provide a traffic engineering benefit, as buses cannot manoeuvre the roundabout to turn around and the number of vehicles using the intersection does not require such a significant traffic management measure. The roundabout also has implications for driveways serving properties on the northern side of Willis Street and would require Council to set aside land from the Community Centre site and Willis Street car park to provide sufficient area for a roundabout to be constructed. Implementing this option is expected to cost approximately $620,000.

3.5. Willis Street Car Park Option

This option (refer Attachment 5) proposes that the bus interchange be located on Council’s Willis Street car park, avoiding the need for buses to pass residential properties. There are 28 car parking spaces lost with this option and it produces a poor traffic outcome through the multiple exit points. This creates a poor pedestrian environment, poor urban design outcome and relies on Council making its land available. Excluding the lost land value, this option is expected to cost approximately $410,000. This is not considered to be an efficient use of land and should not be further considered.

Page 33 of 116


3.6. Existing Conditions Option

The HNA proposed an option (refer Attachment 6) where the interchange remains in its existing location on VicTrack land with a reduced building footprint and redesigned to occupy less land than the current configuration. This location significantly reduces VicTrack’s development footprint and if agreed to by VicTrack, any development application will likely exceed the 6 storey preferred height control. This also reduces the opportunity for public plaza to be created and results in a poor urban design outcome. The height control is discretionary and an application to exceed the 6 storey height control can be challenged at the Victorian Civil and Administrative Tribunal.

3.7. Recommended alignment option – Modified Option E

At the second stakeholder workshop, VicTrack presented a ‘modified Option E’ (refer Attachment 7). This option sees buses travelling west on Willis Street, making a left turn into Koolkuna Lane (using either its existing configuration or realigned), dropping passengers at a new interchange within the existing Koolkuna Lane road reserve (with encroachment into the VicTrack development site) and buses exiting via Willis Lane. Traffic would travel in an anticlockwise direction.

This option is similar to the HNA’s original Option E, however Koolkuna Lane would remain open to all traffic compared with the earlier version which restricted access to buses, pedestrians and cyclists.

Compared with other recent options, this option has limited impacts on Council land holdings, resolves the conflict between buses and cars at the Willis Street/Willis Lane intersection and does not require Council to change the existing road network.

Whilst this option sees buses travelling along Willis Street past a number of residences, the buses will be facing away from residences resulting in minimal impacts from light spill, which was an original concern with Option C. To implement the modified Option E a number of Council resolutions will need to be abandoned. These are outlined in the recommendation.

VicTrack’s option identified Council accommodating some infrastructure (a footpath and bus shelters) within the Willis Lane car park. For this option to be feasible, bus infrastructure should not encroach onto Council land. There may be Council land to be set aside as road at the Koolkuna Lane/Willis Lane intersection, however this area is currently used as road and a redesign to improve conditions is acceptable.

All cars entering the precinct would exit via Willis Lane which could result in Willis Lane approaching capacity, being a 6.9m wide street with a capacity of 2,000-3,000 vehicle movements per day. A solution to manage this can be implemented when Council develops its land holdings within the Willis Street Precinct, as Willis Lane could be widened to increase its width and therefore increase its capacity. Council will need to consider the impact on the road network if it proposes to develop its land holdings in the future.

It is noted that there is unlikely to be any significant cost to Council to implement this option. The Council car park may require reconfiguration. It is expected that this can occur without any net loss of car parking and could be addressed by a condition on any planning permit issued for the VicTrack land (should a permit be granted).

This alignment option also provides flexibility for Council to retain the existing Koolkuna Lane alignment or realign the road and sell the Scout Hall site at 6A Willis Street.

Page 34 of 116


4. Implications

4.1. Policy

Council Plan 2013-2017

Relevant strategies of the Council Plan include:

3.1.1 Developing planning strategies and policies with our community that enhance Bayside’s liveability along with its natural and built environment.

3.1.3 Advocating Council’s planning and urban design objectives.

Bayside Planning Scheme

The State Planning Policy Framework and the Municipal Strategic Statement of the Bayside Planning Scheme provide guidance in relation to Activity Centres at Clause 11 and Clause 21.11. The State Planning Policy has been amended following the approval of Plan Melbourne and continues to advocate for increased densities in Activity Centres. Clause 21.11-4 states in relation to the Hampton Major Activity Centre, that activity will be focused between Willis Street and the railway line. The existing grade level car park will be replaced with a mixed use development incorporating community facilities, housing on upper levels, a new public space and basement car parking for commuters and residents. Housing above the shops will feature throughout the centre.

Bayside Housing Strategy 2012

The Bayside Housing Strategy 2012 identifies the Hampton Major Activity Centre as a location with medium and high density residential development. Development of the Willis Street Precinct will be in accordance with the moderate and key focus growth areas outlined within the Bayside Housing Strategy.

Hampton Willis Street Precinct Urban Design Framework 2013

Council adopted the Willis Street Precinct UDF as its preferred urban development vision for the precinct. The UDF includes a number of implementation actions that seek to improve the precinct. The improvement to traffic flows is a key action to achieve the UDF vision.


There are no legal implications as a result of adopting its preferred alignment option.


The works required to the Hampton Street/Willis Street intersection have not been fully costed at this time.

Any construction works associated with the recommended option are likely to be imposed on VicTrack as a requirement of their planning permit conditions given the changes are directly related to that development.


There are a range of environmental impacts which are relevant to Council’s decision making process. The UDF sees development concentrated around areas with access to public transport to encourage sustainable travel and reduce the use of cars.

This report also identifies some amenity impacts for existing residents, as well as potential amenity impacts more broadly for future residents if an alternative alignment option is not determined. A realignment of Koolkuna Lane would partially reduce amenity impacts by further reducing the number of residential properties buses would travel past.

Page 35 of 116


4.5. Social impacts

Safety and convenience for pedestrians and public transport users is a key factor to create a Precinct which is perceived as a safe, attractive and functional realm.


The five alignment options made available for public comment in February 2015 were widely discussed within the community and with Council. Following Council’s resolution of 28 July 2015 to keep Koolkuna Lane open, an information drop-in session was held in August 2015.

A collaborative process was undertaken in November 2015 with key stakeholders to discuss and work through potential solutions. There was no clear consensus achieved regarding traffic flows in the Willis Street precinct.

A community information session was scheduled to be held on 2 December 2015 on the basis that the stakeholder group had come to a consensus on an alignment option. As there was no consensus reached by the stakeholder group, this information session was cancelled and all parties were notified.

6. Summary

Following Council’s decision not to close Koolkuna Lane, a method of providing safe and efficient vehicle movements throughout the Willis Street precinct under developed conditions is required. Key stakeholders were brought together to discuss potential solutions for traffic movements however no consensus was able to be reached. Having regard to the range of options considered, the modified Option E is preferred as it reduces residential amenity impacts, can be achieved using the existing road network (with minor modifications), limits impacts on Council land and locates the bus interchange close to the railway station.

Recommendation

That Council:

1. adopts the modified Option E as its preferred traffic outcome in the form of Attachment 7;

2. ceases action to implement Option C, by:

a. Not proceeding with the detailed design of Option C;

b. Not proclaiming a road over the realigned road outlined in Option C; and

c. Not receiving a further report regarding management of amenity impacts for affected residents;

3. writes to all participants of the engagement process and thanks them for their participation.

Page 36 of 116


10.4 Future 6A Willis Street

Corporate Services - Commercial Services

File No: PSF/12/3448


At the Council Meeting 25 August 2015 Council resolved to receive a report on the options for the future of 6A Willis Street including use as public open space/playground, Carpark and Residential

purposes. This report seeks to resolve the future potential use of 6A Willis Street.

2. Background

The report is to determine the future use of the land at 6A Willis Street. The property is described by Certificate of Title Volume 9459 Folio 099 being the Plan of Consolidation 153363 (the Land). The Land is approximately 1198sqm and is triangular shape bounded by Willis Street and Koolkuna Lane. The Hall on the site requires approximately $90,000 in maintenance based on a recent condition audit. Negotiations as part of realising the UDF have been undertaken with Scouts to vacate the site. A report in relation to surrender of the lease by the Scouts is provided as a separate report to Council at this meeting.

The future potential use of the Land has previously been the subject of reports to Council as part of the UDF process and in relation to disposing of the asset through a sale process. The VicTrack/DHHS development has impacted consideration of the future use of the Land whilst traffic management issues related to bus movements have been the subject of further consultation. It is unlikely that the realignment of Koolkuna lane will occur, however the UDF identified the site for inclusion in residential development.

3. Discussion

Council has several options in relation to the Land and is under no obligation to dispose of the site at this time.

1. Retain the site as is and use as a community building

The Land has a large hall on it purposed for Scouting with extensive storage. The existing building is old and has had numerous additions over time to serve the needs of the Scout group. A number of casual hirers use the site for things such as gym/exercise classes under a hire arrangement with Scouts. The site requires extensive maintenance works to be undertaken. A condition audit undertaken during negotiation with the Scouts shows that $90,000 would need to be invested in maintenance to rejuvenate this building. Scouts have been working with Council to vacate the Land as part of implementation of the UDF. Given the work undertake to relocate the Scout group and extensive maintenance required this option is not recommended.

2. Demolish the building and retain the site

It is estimated that demolition and removal of the building would cost approximately $50,000. This would leave Council with land suited to other purposes.

2.1 Open Space

The Land is currently located in an area where there is existing open space within 400m. The Open Space Strategy includes a priority action to actively plan for the creation of additional open space in the Hampton Activity Centre. The site between Willis Street and Koolkuna Lane is not ideally located, and the use of the land, greatly surrounded by carparking and roadway greatly limits its value as open space. The UDF process identified the Land for further residential use.

The UDF and VicTrack/DHHS development support the creation of a central plaza which would be new public open space with landscaping and planting that would support the Open Space Strategy priority.

Page 37 of 116


2.2 Additional Parking

It is estimated that up to 40 car parks could be configured on the Land which seeks to maximise potential use as parking. The Land is a triangular shape so this configuration would require two north south aisles joining Willis Street to Koolkuna Lane. This configuration would leave a number of isolated garden beds that could be used for tree planting/beautification purposes. The carpark would likely have timed restrictions of 2 to 3 hours. The cost to construct a carpark is approximately $100,000 however further detailed design would be required.

3. Dispose of the land via public auction

The site was included in the UDF for inclusion as residential development. This is still seen as the highest and best use of the land to maximise community benefit and maintains the direction proposed in the UDF. This option would see the Land sold by public auction with a reserve set based on sworn valuation. Given the size and zoning of the land it is likely that the land would achieve a price well in excess of $3.5 Million.

Should Council determine to sell the Land a public submission process would be required prior to making a final determination. Proceeds of the sale would be referred to the infrastructure reserve for the acquisition or upgrade of other community assets or retirement of debt as is required by Council policy.

3.1 Timing of statutory processes

A 28 day statutory consultation process is required to seek submissions on proposals by Council to sell land. Should Council propose to sell the Land the statutory process could occur immediately however the Christmas period is not an appropriate time to conduct such notification. To minimise the reputational risk Council could resolve to commence the statutory process but leave the submission period open through to the end of January. The Special Committee meeting to hear submissions could occur in February with a report on the outcomes to the February 2016 Council meeting. The additional time would not adversely impact a sale process but would provide additional opportunities for community members to submit.

4. Implications

4.1. Policy

Council’s Property Strategy 2014-2018 provides a set of principles for overall management and performance of Council’s property portfolio. The Property Strategy principles seek Council to maximise community benefit and Public Value from the property portfolio and in the event of any sale that proceeds from property sales will be used to fund other community facilities and infrastructure or to reduce debt. The site is no longer required for Council purposes and has been utilised exclusively by Scouts since the late 1960’s. The highest and best use of the land for community benefit would be to sell the asset and transfer the proceeds to supporting other properties and community requirements.

Council adopted the Willis Street Precinct UDF as its preferred urban development vision for the precinct after considerable public engagement. The UDF includes a number of short to long term implementation actions that seek to improve the precinct. The sale of the Scout Hall site and consideration of the Koolkuna Lane alignment and configuration is an action resulting from the UDF and is a key action to achieve the UDF vision.

The Bayside Housing Strategy 2012 identifies the Hampton Major Activity Centre as a location for future moderate and key focus residential growth with medium and higher density residential development. Development of the Willis Street Precinct will be in accordance with the moderate and key focus growth areas outlined within the Bayside Housing Strategy.

Page 38 of 116



Council is required to give notice of its intention for the sale of land at 6A Willis Street by public auction, under Section 189 and 223 of the Local Government Act 1989.

A Special Committee of Council is required to be established in accordance with Section 223 of the Local Government Act 1989 to consider any submissions received. In the event that no submissions are received, it is recommended that Council delegates authority to the Director Corporate Services to undertake all processes negotiate the sale of the Land.


Retaining the building and seeking to repurpose for other community uses would require at least $90,000 in maintenance works.

Demolition costs associated with removing the building is estimated to be in the order of $50,000 should the site be retained as either open space or parking.

Development of parking on the site is estimated to cost approximately $100,000 however detailed scoping would be required for this option.

Sale by public auction would require reserve set at valuation to be achieved. The Land in the current market is likely to significantly exceed $3.5Million dollars.


There are no adverse environmental impacts associated with the report. Retention as open space may involve additional tree planting and landscape works which would improve local amenity. Testing of ground water should be undertaken if a sale is proposed

4.5. Social impacts

Proceeds of the sale would be directed to other community assets or debt reduction in accordance with the Property Strategy and Long Term Financial Plan.


Consultation was undertaken as part of the UDF development. Specific negotiation has been undertaken with Scouts to allow the land to be released. Additionally information sessions and stakeholder workshops have been undertaken as part of determining future bus movements which have incorporated a number of scenarios related to the Land. There was strong sentiment any changes should minimise impact on Council land and ensure community value is maximised. Should a sale be undertaken, a statutory consultation process would be required.

6. Summary

At the Council Meeting 25 August 2015 Council resolved to receive a report on the options for the future of 6A Willis Street. There are no service requirements for the site and the surrender of the lease by the Scouts was to enable the UDF to progress. A review of open space, parking and other uses has determined that the highest and best purpose for the Land is in line with the UDF for residential uses. As such it is proposed that Council commences statutory processes to seek community feedback in relation to the sale.

Page 39 of 116


Recommendation

That Council:

1. gives public notice of the intention to sell the land described by Certificate of Title Volume 9459 Folio 099 being the Plan of Consolidation 153363 at 6A Willis Street, Hampton, by public auction under Section 189 and 223 of the Local Government Act 1989;

2. establishes a Special Committee of Council in accordance with Section 223 of the Local Government Act 1989 consisting of all Councillors to consider any submissions received pursuant to Section 223 of the Local Government Act 1989 at a meeting to be held on 4 February 2016 at 6.30pm in the Council Chambers, Boxshall Street, Brighton in relation to the proposed sale of land at 6A Willis Street;

3. in the event that no submissions are received under Section 223 of the Local Government Act 1989 to the proposed sale of land, delegates authority to the Director Corporate Services to undertake all processes to sell by public auction the land at 6A Willis Street with a reserve price at the sworn valuation not more than 6 months old at the time of sale;

4. in the event that the reserve price is not achieved, authorises the Director Corporate Services to negotiate the sale privately with the highest bidder in the first instance, at a sale price no lower than 5% below the reserve price;

5. in the event of negotiations being unsuccessful, authorises the Director Corporate Services to negotiate privately at a price no lower than 5% below the reserve price;

6. authorises the Director Corporate Services to execute all documentation associated with the proposed sale and transfer of the land on behalf of Council in accordance with points 4,5 or 6 above; and

7. directs proceeds from the sale of 6A Willis Street, Hampton, into the infrastructure reserve for future expenditure on the acquisition of new land assets, or the development of new or improved community facilities and infrastructure.

Page 40 of 116


Page 41 of 116


10.5 Surrender of Leases for Scout Sites at Willis Street and Thomas Street

Corporate Services - Commercial Services



To finalise arrangements to surrender the lease agreements with Scouts at Willis Street and Thomas Street and provide support to upgrade the Ludstone Street site.

2. Background

At its meeting 17 December 2013 Council resolved to adopt the Bayside District Scouts Strategy Plan. This plan rationalised a number of Scout sites constructed on Council land transferred the buildings and improvements at Francis Street, East Brighton and Wells Road, Beaumaris to Council. Additionally Council resolved to determine future use of Willis Street Site in conjunction with the Strategic Planning process for the Hampton Precinct. At this time Council also provided a short term lease for Thomas Street Hampton of one year with the option of two additional one year terms. As part of the decision Council resolved to work with the Victorian Scouts in the short term regarding accommodation options to ensure the continuity of scouting in Hampton. Scouts have relocated operation from the Willis Street hall to Ludstone Street and are prepared to relinquish the Thomas Street site which is used as a district headquarters. As part of the relocation Scouts have requested support to upgrade the Ludstone Street Hall to accommodate the two Scout groups and bring the facility up to a standard that supports broader community uses. In ongoing discussion to finalise surrender of the leases a contribution of $125,000 is being sought to part fund the upgrade and finalise the surrender of the leases. The remainder of necessary costs to upgrade the facility would be contributed by Scouts and support improved toilet facilities, urgent maintenance repairs and provide additional storage and a more attractive community facility.

Scouts will have returned 4 sites to Council as part of the rationalisation under the strategic plan (2) and Council’s requirements for Thomas Street and Willis Street once the leases are surrendered.

3. Discussion

Scouts have worked with Council through the process of the Bayside District Scouts Strategy Plan, and Council’s request to surrender the leases at Thomas Street and Willis Street. The current lease at Willis Street is in overholding as an outcome of the December 2013 decision of Council. The Thomas Street site has a further optional one year term. The Ludstone Street site requires a significant upgrade of the toilet facilities, DDA compliance works and some urgent maintenance items. Scouts and Council officers have worked together to come to a mutually supported position which provides for the upgrade works and meets the existing lease terms. Scouts whilst still occupying the Willis Street site for storage are now conducting Scouting activities at Ludstone Street.

4. Implications

4.1. Policy

The Council Plan articulates the following strategies which are supported by the proposal:

3.1.3 Advocating Council’s planning and urban design objectives.

7.1.3 Maximising community utilisation of Council assets to improve financial and/or social return.

In December 2013 Council adopted the Hampton Willis Street Precinct Urban Design Framework which led to the negotiation with Scouts to surrender the Willis Street site.

Page 42 of 116


The proposal is supported by the Property Strategy strategic under priority 1, Review Use of Existing Buildings, which provides for Council to identify underutilised buildings and develop a plan for greater use, decommissioning or sale.


Council has land only leases for all the Scout sites with clauses to allow transfer of improvements or removal on surrender. On surrender of the lease the improvements revert to Council ownership. The Willis Street lease has a requirement to provide an alternative site an agreed value for the facility. The negotiation to surrender the leases is in line with the lease conditions.


Supporting the Scouts to upgrade the Ludstone Street Hall will cost $125,000. There will be additional costs to demolish the Thomas Street Hall and for any works related to the future use of the Willis Street site which is the subject of a separate report to Council.


There are no environmental impacts.

4.5. Social impacts

Scouts have relocated the 1st Hampton Scout group to Ludstone Street. The surrender of the leases as negotiated provides support to the Scouts to improve an existing facility which will also be used to support other community users.

The early surrender of Thomas Street will allow the removal and construction of additional parking to support netball users to be undertaken in 2016.


Significant ongoing discussion with Scouts since 2013 has been undertaken in relation to the sites in question.

6. Summary

Scouts currently occupy sites at Willis Street and Thomas Street and have been working with Council to surrender the leases to support other Council activities. In negotiation with Scouts, support to upgrade of Ludstone Street to accommodate two Scout groups has been sought. This provides $125,000 to part fund with Scouts the necessary works to toilet facilities, DDA compliance, urgent maintenance and other works to support the move and surrender of the leases at Willis and Thomas Street sites.

Recommendation

That Council:

1. delegates the Director Corporate Services to undertake all processes and sign necessary documentation in relation of the surrender of the leases for Thomas Street and Willis Street with the Scouts; and

2. enters into an agreement to provide $125,000 to Scouts to be used to upgrade of Ludstone Street Scout Hall to accommodate the additional Scout group and improve the facility.

Page 43 of 116


10.6 Volunteering Action Plan

Community Services - Youth, Recreation & Events



This report presents the draft Volunteering Action Plan (the Action Plan), set out as attachment A, for Council adoption.

2. Background

Volunteering plays a crucial role in empowering and supporting Bayside residents. Volunteering fosters active community involvement which in turn helps to build sustainable, inclusive and resilient communities.

Community feedback has highlighted the need to build the capacity of organisations that rely on volunteers to deliver services. This includes better supporting current volunteers, attracting younger volunteers and promoting volunteering to the community. This issue has been captured in key strategic documents including the Bayside City Council Plan 2013-2017, Wellbeing for All Ages and Abilities Strategy 2013-2017 (WAAA) and within the Bayside 2020 Community Plan: Our City, Our Future.

In light of community feedback, Council funded the appointment of a Volunteer Planning and Development Officer to build the capacity of community organisations to recruit, retain, develop and reward volunteers. This role has a key focus on facilitating the development of sustainable structures and practices to support volunteerism in Bayside. This work was further supported through the introduction of the Bayside Volunteer Project Reference Group (BVPRG). The BVPRG was formed in April 2015 and has been intrinsically involved in developing strategies to meet community needs and creating key community partnerships.

The Action Plan prioritises and coordinates the efforts of Council and community partners in strengthening volunteerism in Bayside. The Action Plan will join the Disability, Early Years, Healthy Community and Youth action plans in supporting the achievement of the WAAA and enhancing the liveability of Bayside.

3. Discussion

The Action Plan is focused on building the capacity of community volunteer organisations to build an engaged, supportive and thriving volunteering community. This is achieved through addressing the key expressed community needs: networking; promoting volunteerism; information sharing and volunteer matching systems; capacity building; and recognition. These needs are consistent with the focus areas outlined in the National Volunteering Strategy (2011).

The Action Plan sets out clear strategies (outlined in Table 1) which are aimed at strengthening volunteerism in Bayside and is guided by key principles:

Emphasising active community participation;

Basing activities on the best available data and evidence;

Empowering individuals and community volunteer organisations;

Collaborating with the community and key stakeholders; and

Encouraging professionalism in the volunteer industry.

Page 44 of 116


Table 1: Goals, Objectives and Strategies of the Volunteering Action Plan

Goal 1: An engaged and supportive community (1)

Objective 1.1: Strengthen volunteerism in Bayside (1)

Strategy: Provide information to the community regarding volunteering opportunities

Strategy: Develop relevant training and capacity building programs for community volunteer managers and coordinators

Strategy: Support opportunities that build social networks and peer support

Strategy: Provide opportunities to recognise and showcase volunteers and volunteering organisations

(1) Consistent with the goal/objective outlined in the WAAA

Planned actions in response to key volunteering issues include:

Promoting volunteer stories through use of the website;

Establishing and hosting a volunteer matching data base for community volunteer organisations;

Improving the media focus to highlight the value of volunteering;

Promoting volunteer opportunities at Council events; and

Co-ordinating an annual conference for volunteers in collaboration with key community organisations.

The Action Plan defines the roles of Council in strengthening volunteering, they include:

Facilitating - key networking forums and strategic community engagement;

Leading - cross organisational planning and professional training programs; and

Coordinating - key events and marketing strategies.

With existing resources and established community connections Council is positioned to fulfil its role and work in collaboration with community partners to improve and strengthen volunteering.

4. Implications

4.1. Policy

The Action Plan supports the implementation of the WAAA, particularly objective 1.1 Strengthen volunteerism in Bayside. The Action Plan also supports the Council Plan 2013-2017, particularly strategy 2.1.3 Supporting, recognising and valuing volunteerism and building community capacity to attract, support and retain volunteers.


The Action Plan will sit within the WAAA alongside a suite of Action Plans. Council is required under Section 263 of the Public Health and Wellbeing Act (2008) to develop a Municipal Public Health and Wellbeing Plan within twelve months of the Council election. The WAAA meets the requirements of this act.

Page 45 of 116



The development and implementation of the Action Plan has been costed and is planned to be implemented through existing financial resources, including funding of Council’s Volunteer Planning and Development Officer as the central contact point for engagement with community groups. Funding is allocated within the budgets attached to the Volunteer Program and Municipal Public Health and Wellbeing Plan.


The Action Plan will support community groups that offer volunteer services including those supporting environmental initiatives.

4.5. Social impacts

The Action Plan supports the community in engaging in a broad spectrum of volunteering. This encourages social connectedness, emotional and mental health and social cohesion.


A comprehensive community engagement process has been implemented to support the development of the Action Plan. One of the key avenues for increasing Council’s understanding of volunteering issues and opportunities has been through the BVPRG. The BVPRG is made up of 12 community stakeholders with a strong interest in volunteering, many of which represent community volunteer organisations. Engagement with the BVPRG has taken place in a series of workshops and meetings between April - December 2015.

In addition, Council has consulted with key community organisations, community volunteer managers, peak volunteering bodies, the Bayside Healthy Ageing Reference Group, Artists in Residence and a number of Local Government organisations.

Once adopted, key stakeholders will be further engaged with the implementation of the Action Plan.

6. Summary

The need to strengthen volunteering has been identified as a key issue within Bayside and is cited in a number of Council strategic documents. The Action Plan has been developed in consultation with the BVPRG and key stakeholders and aims to address expressed community needs and engage community organisations in the implementation of key programs, projects and events. The Action Plan will sit alongside a suite of action plans under the WAAA and will be reviewed and measured in accordance with the WAAA Evaluation Plan.

Recommendation

That Council:

1. adopts the Volunteering Action Plan as set out in Attachment A, and

2. authorises the Director Community Services to finalise minor editorial changes to the Volunteering Action Plan.

Page 46 of 116


10.7 Bayside Acquisitive Art Prize

Community Services - Family & Cultural Services

File No: TBC


To provide information on the judging arrangements for the 2016 Bayside Acquisitive Art Prize, and to seek the appointment of two Councillors in the judging process for the 2016 Local Art Prize.

2. Background

The Bayside Acquisitive Art Prize is a four-year initiative, launched in 2015. The Prize aims to build on Bayside’s current arts and cultural activities, build Council’s collection, and increase attendance and participation at The Gallery @ BACC.

The Art Prize includes the following three elements:

• Bayside Acquisitive Art Prize (acquisitive) - $15,000

• Bayside Local Art Prize (non-acquisitive) - $3,000

• People’s Choice Prize (non-acquisitive) - $1,000

The 2015 Art Prize attracted a total of 478 entries from artists of all ages, backgrounds and nationalities, far exceeding the target of 130 entries.

From a shortlist of 37 works, the judging panel selected Less than white by Kevin Chin as the winner of the 2015 Acquisitive Prize. His winning work has been added to Council’s collection, and currently hangs in the stairwell of the Bayside City Council Corporate Centre.

The Local Art Prize was awarded to Brighton resident Stieg Persson for his painting Brighton Singerie and the People’s Choice award went to former Bayside Artist in Residence Shannon Smiley for his work Descent.

Excellent press coverage was received with articles in national, state and local print media and online publications as well as positive feedback from members of the public and the arts sector. More than 270 people attended the opening event and the exhibition attracted more than 1,280 visitors.

3. Discussion

The judging arrangements for the 2016 Acquisitive Art Prize mirror those for 2015, apart from a change to the eligibility criteria for the Local Art Prize which is outlined below.

Bayside Acquisitive Art Prize

The Bayside Acquisitive Art Prize is open to any artist living and working in Australia who is an Australian citizen, or has Australian residency, and who is over 18 years of age.

The judging of this Prize will involve a three-stage process as follows:

• Initial assessment to confirm eligibility and adherence to basic quality standards;

• Preparation of a short-list of between 30 and 40 entries to be exhibited;

• Final judging.

The initial assessment will be undertaken internally.

The short-listing process will take place at The Gallery @ BACC in early April 2016, with the works viewed via a power point presentation.

Page 47 of 116


A panel of three judges with experience in critically assessing visual arts will be established to undertake the short-listing and final judging of the Acquisitive Prize. The panel members will be Kirsty Grant, CEO and Director Heide Museum of Modern Art, Guy Abrahams, CEO and Co-founder of CLIMARTE, and Julie Skate, Gallery Supervisor at the Gallery @ BACC.

Bayside Local Art Prize

The Bayside Local Art Prize is open to any artist with a demonstrated connection to Bayside. A demonstrated connection is considered to exist where the artist lives, works or studies in Bayside, or has done so in the past, additionally where the work entered into the prize is of local subject matter.

For last year’s Local Art Prize, artists who had exhibited at the Gallery @ BACC, or been part of Council’s Artist in Residence program were also considered to have had a demonstrated connection. For the 2016 Local Art Prize, having exhibited at the Gallery @ BACC, or having been part of Council’s Artist in Residence program is no longer sufficient to establish a demonstrated connection to Bayside.

The judging of the Local Art Prize will involve a process as follows:

• Initial assessment to confirm eligibility for the Local Art Prize;

• Final judging of the Local Art Prize by the judging panel.

Two Councillors are sought to work with the panel to undertake the final judging of the Local Art Prize.

The same panel of three judges - Kirsty Grant, CEO and Director Heide Museum of Modern Art, Guy Abrahams, CEO and Co-Founder of CLIMARTE, and Julie Skate, Gallery Supervisor at The Gallery @ BACC together with two Councillors, will undertake the final judging of the Local Art Prize. The judging process will occur without revealing the names of the artists and will be decided by a vote.

People’s Choice Prize

The People’s Choice Prize will be judged by members of the public using a voting system.

Finalist’s Exhibition

The Bayside Acquisitive Art Prize Finalists’ Exhibition is scheduled for 7 May to 26 June 2016 at The Gallery @ BACC. An official opening and announcement of the winners will occur on Thursday 12 May 2016 at 6pm. The Mayor will open the exhibition.

Over the duration of the exhibition it is intended that a curator’s talk and / or other public programs will be offered to the community. The exhibition will close with the announcement of the People’s Choice Award.

4. Implications

4.1. Policy

The arrangements set out in this report are consistent with National Association of Visual Artists (NAVA) guidelines.


Not applicable to this report.


Funding of $39,000 was allocated for the Bayside Acquisitive Art Prize in Council’s 2015/16 budget. The judging arrangements outlined in this report will not involve any additional costs to Council.

Page 48 of 116




4.5. Social impacts

The Bayside Acquisitive Art Prize provides a range of positive social benefits including building Council’s collection, providing artists at various stages of their careers with an opportunity to advance their practice, and community involvement through the submission of artworks and the selection of the People’s Choice Prize.


Consultation has taken place with Council’s Arts & Culture Advisory Committee about arrangements for the Acquisitive Art Prize.

6. Summary

The Bayside Acquisitive Art Prize builds on Bayside’s current arts and cultural activities, with the aims of building Council’s collection, and increasing attendance and participation at The Gallery @ BACC. Two Councillors are sought for participation for the final judging of the Bayside Local Art Prize.

Recommendation

That Council:

1. adopts the judging arrangements for the 2016 Bayside Acquisitive Art Prize; and

2. nominates two Councillors to participate in the final judging of the 2016 Bayside Local Art Prize.

Page 49 of 116


10.8 Potential Future Public Art Sites

Community Services - Family & Cultural Services

File No: TBC


This report is presented for Council to endorse six sites for future public art works.

2. Background

At its meeting of 29 April 2014, Council adopted the Bayside Public Art Policy, which includes a commitment to exploring opportunities for the development of new public art works.

To assist Council to enact this commitment, a Public Art Sites Report has been prepared. The aim of the report is to enable Council to strategically plan for the commissioning of new public art works at identified locations, should it wish to do so in the future.

The process for developing the Public Art Sites Report involved a review of background material, consideration of existing public art works in Bayside, workshops with members of Council’s Arts & Culture Advisory Committee and staff, and site visits.

3. Discussion

The Public Art Sites Report is now presented for Council’s consideration (see attached). The report includes information about current public art works and locations, identifies six potential future sites, and provides a rationale for their selection.

The six potential future sites identified are as follows:

Sandown Street beach, Brighton;

Dendy Park, Dacey Street Playground;

Dendy Park, cnr Dendy Street and Nepean Highway;

Elsternwick Park;

Beaumaris Concourse Reserve;

Peterson Street Reserve, Highett.

The development of “stand-alone” public art works in areas such as the foreshore, parks and reserves has the potential to complement public art works developed in activity centres such as those recently installed in Hampton Street.

Council endorsement of the six identified sites will provide clarity about preferred locations for the potential future development of new public art works.

4. Implications

4.1. Policy

The preparation of the Public Art Sites Report was motivated by Council’s Public Art Policy, adopted in April 2014, and makes a significant contribution to the enactment of the Policy.

The Report also responds to the following objectives of the Council Plan 2013-2017 (2015 Review):

Strategic Objective 3.1 Protecting and enhancing amenity, liveability and neighbourhood character;

Strategy 3.1.4 Developing and implementing public realm projects to beautify Bayside’s neighbourhood character and enrich our urban environment.

Page 50 of 116


Strategic Objective 5.1 Providing recreation and cultural opportunities that create a sense of identity, pride and place.




There are no financial and resource implications of this report. Rather, the report identifies preferred locations for investment in new public art works, should Council wish to commission any new works in the future.



4.5. Social impacts

Public art can confer a range of significant health and well-being benefits. These include contributing to a greater sense of identity, referencing and celebrating local history, creating a more attractive and interesting visual environment, establishing a meeting place, and creating a sense of fun and playfulness.


Council’s Arts & Culture Advisory Committee has reviewed the Public Art Sites Report, and has recommended that the six potential sites for future public art works be endorsed by Council.

6. Summary

To assist Council to explore opportunities for the future development of public art works, a Public Art Sites Report has been prepared for Council’s consideration.

The Report includes information about current public art works and locations, identifies six potential future sites, and provides a rationale for their selection.

Council endorsement of the six identified sites will provide clarity about preferred locations for the potential future development of new public art works.

Recommendation

That Council endorse the six sites for future public art works as set out in the Bayside Public Art Sites Identification attachment dated November 2015.

Page 51 of 116


10.9 Bayside Planning Scheme Review 2015 - Implementation Plan & Implementation of Bayside Integrated Transport Strategy


File No: FOL/13/33229 and FOL/13/33442


To present to Council the Bayside Planning Scheme Review 2015 Implementation Plan and proposed Amendment to the Bayside Planning Scheme which implements the Bayside Integrated Transport Strategy (ITS) 2013 and related transport strategies into the Bayside Planning Scheme.

2. Background

2.1 Bayside Planning Scheme Review 2015 – Implementation Plan

The Bayside Planning Scheme Review 2015 (‘The Review’) was adopted by Council at its Ordinary Meeting on 22 September 2015. The Review included recommendations relating to changes to the Planning Scheme, strategic work required and initiatives to increase community awareness and understanding of planning issues and the Planning Scheme. Council resolved at the 22 September 2015 meeting to adopt the 2015 Planning Scheme Review Report and to receive a report detailing the Planning Scheme Review Implementation Plan. The Bayside Planning Scheme Review 2015 was provided to the Minister for Planning in accordance with Section 12B (5) of the Planning and Environment Act 1987 on 28 September 2015, within the specified timeframe.

2.2 Integrated Transport Strategy and other related transport strategies

The Bayside Integrated Transport Strategy (ITS) was adopted by Council on 30 April 2013 and provides a policy framework and specific actions to achieve a sustainable transport system in Bayside that positively contributes to the economy and the health and wellbeing of the community. Following the ITS, the Bayside Bicycle Strategy (‘Bicycle Strategy’) was updated in 2013 and the Bayside Walking Strategy (‘Walking Strategy’) was adopted in 2015.

There are policies and actions contained in the ITS, the Bicycle Strategy and the Walking Strategy that require incorporation within the Bayside Planning Scheme. The Municipal Strategic Statement (MSS) is Council’s key strategic document guiding Bayside’s land use and development directions. It is important these transport strategies are incorporated into the Planning Scheme to give them a greater status and role in planning decisions.

3. Discussion

3.1 Bayside Planning Scheme Review 2015 – Implementation Plan

The Review Implementation Plan (refer Attachment 1) sets out how each of the recommendations of The Review will be implemented and covers the period until the next Review in 2018. It identifies recommendations that can be immediately progressed with limited resource and budget implications and those that require a larger allocation of both.

There are a number of strategic projects already underway which, once implemented into the Planning Scheme through a planning scheme amendment, will improve the operation of the Bayside Planning Scheme.

These include:

Retail, Commercial and Employment Strategy

Major Activity Centre Car Parking plans

Review of the four Major Activity Centres

Review of vegetation related controls

Page 52 of 116


Housing Strategy implementation – Amendment C140

Martin Street Structure Plan

Hampton East (Moorabbin) Structure Plan

Development Contributions Plan – Drainage – Amendment C139

Environmental Sustainability Framework

Small Neighbourhood Activity Centres Strategy – Amendment C126

Heritage Action Plan.

In addition, The Review Implementation Plan sets out policy gaps to address and additional strategic work that is required to further improve the operation of the Bayside Planning Scheme.

One of the recommendations in The Review Implementation Plan is to review adopted Council strategies and plans to subsequently incorporate into the Bayside Planning Scheme as relevant. The ITS, Bicycle Strategy and Walking Strategy have been reviewed and a draft amendment to the Bayside Planning Scheme has been prepared to implement the planning elements of these strategies.

Proposed changes to the Bayside Planning Scheme are provided in Attachment 2.

3.2 Integrated Transport Strategy and other related transport strategies

In delivering the ITS, Walking Strategy and Bicycle Strategy Council has direct responsibility for some transport actions and policies, while in other instances it will need to work in partnership with (or seek to influence) other stakeholders to effect change.

For the elements of the transport strategies within the planning system, a planning scheme amendment will need to be undertaken. It is proposed that authorisation is sought from the Minister for Planning to prepare a planning scheme amendment to implement the planning elements of the ITS, the Walking Strategy and the Bicycle Strategy.

This includes:

Amending the Municipal Strategic Statement (MSS) to incorporate the relevant policies and actions of the ITS, Walking Strategy and Bicycle Strategy into the Bayside Planning Scheme, providing additional support to sustainable transport and seeking to better integrate land use and transport planning.

Including the ITS, Walking Strategy and Bicycle Strategy in the Bayside Planning Scheme as Reference Documents.

Proposed changes to the Bayside Planning Scheme are provided in Attachment 2.

4. Implications

4.1. Policy

Undertaking the Review and associated Implementation Plan is consistent with the following Goals and Strategies of the Bayside Council Plan 2013-2017:

Goal 1: An engaged community and Council

o Strategy 1.1: Ensuring decisions are informed by community input and clearly communicate what we decided and why.

Goal 3: A liveable city

o Strategy 3.1: Protecting and enhancing amenity, liveability and neighbourhood character.

Goal 7: Financial responsibility and good governance

Page 53 of 116


o Strategy 7.2: Open and transparent decision making and strong accountability to the community

The proposed amendment to implement the ITS, Walking Strategy and Bicycle Strategy is in accordance with Strategy 3.2.2 of the Council Plan 2013-17 “Planning, advocating, implementing and promoting integrated transport options in Bayside.


The process to amend the Bayside Planning Scheme to implement the planning elements of the ITS, Walking Strategy and Bicycle Strategy is prescribed by the Planning and Environment Act 1987 and will be followed accordingly


The Review Implementation Plan sets out the resource and financial implications of progressing the recommendations of the Review.

For some recommendations, provision for funding is included in Council’s 2015/16 budget. For other recommendations, staff time will be required and is possible to achieve with current resources. However, other recommendations will require additional budget and resourcing, such as the Neighbourhood Character Policy Review, Review of the Highett Structure Plan and the new Southland Structure Plan. Funding for these projects will be sought as part of future budget bids.

Funding for the proposed amendment to implement the ITS, Walking Strategy and Bicycle Strategy is included in the Council’s 2015/16 budget.


The Review Implementation Plan will improve the operation of the Bayside Planning Scheme and assist in achieving positive environmental outcomes. Implementation of the ITS, Walking Strategy and Bicycle Strategy policies will help achieve the following environmental benefits:

Assisting to tackle climate change through lowering energy related transport emissions;

Facilitating increases in the number of people walking, cycling and catching public transport thereby reducing noise and air quality impacts associated with reliance on private vehicles.

4.5. Social impacts

The Review Implementation Plan will improve the operation of the Bayside Planning Scheme and so assist in achieving positive social outcomes. Implementation of the ITS, Walking Strategy and Bicycle Strategy policies will help deliver the following social benefits:

Better health and well-being outcomes as a result of more people achieving their required daily exercise through walking and cycling, for both recreational and incidental travel related purposes; and

Increased social connectivity achieved by people being ‘out and about’ on the street.


A first round or community consultation was undertaken for the Planning Scheme Review over March - April 2015. A second round of community consultation was undertaken on the Draft Bayside Planning Scheme Review in July 2015. This included advertisements in the Leader newspaper, direct email and mail to interested parties as well as on Council’s website.

Consultation was undertaken during the preparation of the ITS. Consultation with the community about transport issues was originally conducted as part of the ‘Bayside Our Cities Future’ engagement program held in February and March 2011. This was then supplemented by a first round of community consultation for the ITS, primarily through a website and community mail-out. A second round of consultation was undertaken on a Background Report and Discussion Paper in July and August 2012, followed by consultation on the draft ITS in December 2012 - March 2013.

Page 54 of 116


In developing the Bayside Walking Strategy, a review of recently available community consultation and other stakeholder feedback on walking in Bayside was undertaken. Local residents were also able to identify and discuss site-specific issues for walking using a web based spatial mapping process.

Community consultation was undertaken as part of the development of the Bicycle Strategy including a Bayside BikeScope survey, a Bicycle Strategy workshop and an online discussion forum. Community comment was then sought on the draft Bicycle Strategy for a one month period in 2013 prior to the finalisation of the Bicycle Strategy.

Changes to Bayside Planning Scheme to implement the ITS, Walking Strategy and Bicycle Strategy will be subject to the usual Planning Scheme Amendment process. This involves public exhibition of the proposed changes for a minimum one month period to enable interested and affected parties to have their say.

6. Summary

The Bayside Planning Scheme Review Implementation Plan 2015 sets out how each of the recommendations of the Bayside Planning Scheme Review 2015 will be implemented. There are a number of strategic projects already underway which, once implemented into the Planning Scheme, will improve the operation of the Scheme. In addition, the Review Implementation Plan sets out policy gaps to be addressed and additional strategic work that is required to further improve the operation of the Bayside Planning Scheme.

One of the recommendations in the Review Implementation Plan is to review adopted Council strategies and plans for subsequent incorporation into the Bayside Planning Scheme as relevant. The Bayside Integrated Transport Strategy 2013, Bayside Walking Strategy 2015 and Bayside Bicycle Strategy 2013 have been reviewed and a draft amendment to the Bayside Planning Scheme has been prepared to implement the planning elements of the these transport strategies.

It is proposed that authorisation is sought from the Minister from Planning to prepare an amendment to the Bayside Planning Scheme to implement the planning elements of the Bayside transport strategies detailed above.

Recommendation

That Council:

1. notes the Bayside Planning Scheme Review 2015 Implementation Plan as contained in Attachment 1;

2. adopts the amendment documentation in the form of Attachment 2 to implement the Integrated Transport Strategy, Walking Strategy and Bicycle Strategy into the Planning Scheme;

3. seeks authorisation from the Minister for Planning to prepare an amendment to the Bayside Planning Scheme in accordance with Section 8A of the Planning and Environment Act 1987 to implement the Bayside Integrated Transport Strategy, Bayside Walking Strategy and Bayside Bicycle Strategy in the form of Attachment 2.

4. authorises the Director City Planning and Amenity to make any required minor editorial changes to the amendment prior to exhibition.

Page 55 of 116


10.10 Strategic Service Review - Arts and Culture

Community Services - Policy & Planning



This report presents the outcomes of the Strategic Service Review of Council’s Arts and Culture service and makes recommendations for service change and service improvement. The report is at attachment 1.

2. Background

A review of Council’s Arts and Culture service has been conducted as part of a program of strategic service reviews to ensure that all Council services are relevant to community needs, are financially sustainable, and are delivered efficiently and effectively, providing an appropriate level of public value.

The service provides opportunities for the community to experience and participate in a variety of forms of artistic and cultural expression. The major programs currently offered are detailed and analysed in section 3.3 of the report at attachment 1 and are:

The Gallery@BACC

ARTrium Exhibition Space and Roaming Studios

Resonance Music Series

Bayside Film Festival (BFF)

Artist in Residence Program

Bayside Design Market

Development and management of public art works

Bayside Acquisitive Art Prize

Black Rock House

Support to arts & cultural groups

3. Discussion

Expenditure

Excluding overheads, the 2015/16 net budget for the Arts and Culture service is $813,320. While no financial sponsorships are currently in place, the service receives in-kind sponsorship support for the Bayside Film Festival from Palace Cinemas (2014 equivalent value of $20,000).

Service review findings

The purpose of the service and its component programs could be better defined and more closely integrated into Council’s strategic frameworks, particularly around community wellbeing and the liveability of Bayside.

Increased emphasis could be given to services and programs that local government has a special or unique role in providing, particularly those focused on community cultural development and celebrating a sense of place. Increased collaboration with other groups can be important in achieving this.

Governance of some programs could be improved with better defined procedures to guarantee transparency and accountability in program delivery. Steps were taken during the course of the review to tighten up governance processes and further improvements are proposed.

Page 56 of 116


Additional sources of income could be explored, including sponsorship, philanthropy and where relevant, hire fees and user charges.

There is a need to establish better data collection and monitoring of program performance across the service.

Expenditure on the service is equivalent to $8.14 per resident each year. This is lower per resident than neighbouring and like councils.

Artists and people attending arts programs rate the importance of the service just below the median of council services. By contrast the broader community, many of whom are not aware of the programs run by council, rank arts and cultural programs lower in importance. This highlights the importance of ensuring greater clarity of purpose, transparency and accountability in program delivery, and improved communication with the community to raise awareness about the service.

Participants and stakeholders are generally satisfied with arts and culture programs and the service overall. The value provided by most programs is reasonable with some providing high value. The exception is Bayside Film Festival that does not provide good value to the community.

Review recommendations

Recommendations have been made.to address the review findings and improve program performance, transparency and accountability. Key recommendations are:

discontinue the Bayside Film Festival

establish a Section 86 committee to manage the Gallery@ BACC and Council’s art & heritage collection, as well as to pursue fundraising opportunities

Retain all other current programs, introducing improvements including:

o selection and assessment criteria for artists and performances

o examination of ticket pricing

o strengthened partnerships with community groups and promotion of the grants program

review and adopt a clear purpose for the overall Arts and Culture service to better align with community needs and strategic direction

strengthen the service’s focus upon community development, localism and advocacy.

integrate strategic planning for the arts and culture service into the future development of the Wellbeing for all Ages and Abilities Strategy

develop a performance measurement framework aligned with Council’s Better Place Approach and improve the collection and analytics of meaningful data across the service

improve the approach to communications and marketing across the service

Assessment criteria and selection processes

Draft selection criteria and assessment processes have been developed for several arts & culture programs as set out in Attachment 1 of the service review report.

This report recommends that the draft selection criteria and assessment processes are adopted by Council. This will provide both Council and the community with oversight of the basis for decisions about participation in arts & culture programs.

A new requirement for the Artist in Residence program is included, that of eight studios available each year, three are to be set aside for Bayside residents. Artists who are Bayside residents and who meet the qualifying requirements are to be given first option for these studios.

Compared with a weighted criterion, this quota provides a more effective means of ensuring that the Artist in Residence program provides an appropriate level of benefit to Bayside residents.

Page 57 of 116


4. Implications

4.1. Policy

Strategic direction for Council’s Arts & Culture Service is provided by the Library, Arts & Culture Strategy 2012-2017 and accompanying five-year Action Plan.

The Arts & Culture Service Review will assist Council in achieving the following goals of the Council Plan 2012-17 (2014 review):

Goal 2: “A strong supportive community, particularly strategy 2.1.2, “ensuring our services and facilities are accessible and inclusive and respond to current and emerging needs across life stages”; and

Goal 7: “Financial responsibility and good governance’, particularly strategy 7.1.4, “ensuring that Council is delivering the most effective mix of services in the most efficient way possible.


Not applicable to this report. There is no specific statutory requirement to deliver arts and cultural services.


The net budget for the Arts & Culture services covered by this review in 2015/16 is $813,320. Savings associated with the service review will be achieved if Council withdraws from the Bayside Film Festival.

Full year savings in 2016/17 under this scenario is:

Service Change Potential Savings 2016/17

Withdrawal from the Bayside Film Festival $86,800



4.5. Social impacts

Arts and culture are an essential public good that contribute to communities by: building community pride and identity; inspiring community and civic participation; creating a culture of inclusion; contributing to resilient local economies; promoting health and wellbeing; and increasing liveability. The service provides significant social benefits for participating artists, residents who attend arts programs, local community groups and all current and future residents who can enjoy the enhanced liveability of Bayside.


An online survey was conducted as part of the review to find out the value placed on the service, as well as people’s experience of the programs offered, expectations and suggestions for change. More than 300 people responded, predominately people who had attended a Bayside program, as well as artists, Council’s organisational partners and other stakeholders. Respondents were generally satisfied with Council programs, with the lowest level of satisfaction recorded for the Bayside Film Festival. The comments and suggestions made regarding different programs are discussed throughout the report and have informed the review findings and recommendations.

During the course of the review, discussions were held at several meetings of the Arts and Cultural Advisory Committee with their views helping to inform the findings and recommendations. The Committee considered the draft report on 30 November 2015 and committee suggestions have been incorporated in the final report.

Page 58 of 116


6. Summary

A strategic service review has been conducted into Council’s arts and culture service. The review found that most parts of the service are operating in a satisfactory way and are supported by participants. The Bayside Film Festival is not as well supported as other programs and is no longer cost effective or relevant to the local community. Its discontinuation is proposed. The review has identified the need to improve communication and marketing of all programs and improve governance and transparency. Increased focus on local participation, partnerships with local groups and the community wellbeing through involvement in the arts has been identified for future focus. An assessment process and selection criteria have been developed for choice of artist, including measures to increase representation and participation by local artists

Recommendation

That Council:

1. adopts the Arts and Culture Service Review Report and the recommendations for improvements to the service set out in section 5 of the report;

2. determines to strengthen the focus of the arts and culture service on community development, localism, advocacy and working in partnership with community arts and cultural groups;

3. discontinues the Bayside Film Festival;

4. resolves in principle to form a committee under s86 of the Local Government Act to oversee the Gallery@BACC and the management of Council’s art & heritage collection, and to receive a further report in February 2016 on governance arrangements prior to establishing the committee;

5. in consultation with the Friends of Black Rock House develops management and conservation plans for Black Rock House;

6. adopts the assessment criteria and selection process for the ARTrium Exhibition Space and Roaming Studios as set out in Attachment 1 of the service review report;

7. adopts the assessment criteria and selection process for the Resonance Music Series as set out in Attachment 1 of the service review report;

8. adopts the assessment criteria and selection process for the Artist in Residence Program as set out in Attachment 1 of the service review report; and

9. adopts the assessment criteria and selection process for the Bayside Design Market as set out in Attachment 1 of the service review report.

Page 59 of 116


10.11 Plan Melbourne Refresh - Discussion Paper Submission


File No: PFS/15/4019


To advise Council of the State Government’s intention to prepare a review of Plan Melbourne 2014 (the Refresh) and seek the adoption of a draft submission (Attachment 1) to be provided to the Department of Environment Land, Water and Planning (DELWP) in response to its current consultation process regarding the Plan Melbourne Refresh Discussion Paper.

2. Background

The Plan Melbourne Refresh (the Refresh) Discussion Paper has been made available for public comment. As outlined in the discussion paper, The Refresh is not intended to be a comprehensive revision of Plan Melbourne 2014.

The scope of the Refresh as outlined in the discussion paper is to maintain the key priorities of Plan Melbourne and strengthen the focus on housing affordability, climate change and energy efficiency, document progress on the Plan Melbourne implementation and provide tools to better define how initiatives and actions are measured.

The Refresh seeks to strengthen the focus on climate change, energy efficiency and housing affordability and provides opportunity to update Plan Melbourne 2014 to:

Achieve an enduring strategy with a focus on longer-term rather than short-term actions

Incorporate current transport commitments and priorities, including the Melbourne Metro Rail Project

Reflect progress in implementation of Plan Melbourne 2014 related policy reviews, such as transport initiatives, the implementation of the new residential zones, apartment standards, regional growth plans, updating of Precinct Structure Plan Guidelines, Open Space and Boulevards strategies and the Yarra River Strategy

Better define how implementation and outcomes will be measured

Update data and projections. Victoria In Future 2015 (VIF 2015) indicates changes to population and economic growth projections will not be significant and will not affect the challenges to be addressed by the metropolitan strategy

Reflect significant changes in the form of housing being developed which affects the associated projections in Plan Melbourne 2014

Recognise new entities and governance changes

Improve clarity and usability.

The Refresh, to be called Plan Melbourne 2016, will maintain the focus on:

Providing for employment in an expanded central city, and state-significant employment clusters and industrial precincts

Transforming the transport system to support a more efficient, productive city with improved travel options to increase social and economic participation

Directing growth and increased development intensity to strategic locations

Achieving a city of ‘20-minute neighbourhoods’

Delivering a compact urban form with a fixed urban growth boundary

Page 60 of 116

Ordinary Meeting of Council Meeting Tuesday, 15 December, 2015

Protecting environmental values and agricultural productivity in green wedges and the peri-urban area

Supporting growth in regional Victoria.

3. Discussion

The Refresh Discussion Paper outlines the options identified for the following themes:

Growth challenges, fundamental principles and key concepts;

Delivering jobs and investment;

A more connected Melbourne;

Housing;

A more resilient and environmentally sustainable Melbourne;

New planning tools; and

Implementation.

Each of the themes is accompanied by a brief description and various options are outlined. A Draft Submission (refer to Attachment 1), considers each of the options presented for discussion and provides a comment outlining the implications for Bayside. The majority of the proposed options for discussion do not have a direct impact for Bayside and are in response to updates to maps and data, clarifying purpose statements to facilitate the implementation of the strategy and providing a more holistic and integrated approach to regional planning and understanding the implications of growth.

However, themes relating to Housing, A more resilient and environmentally sustainable Melbourne and New Planning Tools could have implications for Council’s current policies and future development expectations.

Implications arising from the options include:

Minister for Planning to become the responsible authority for social housing applications

The introduction of expedited approval processes for selected housing projects, including modified third-party appeal rights and planning scheme requirements that could be waived

Introduction of environmentally design policies and the affect upon Council resources for implementation

Potential new zones for urban renewal areas and National Employment Clusters and possibility to standardised schedule templates.

While the detail of the implementation of these changes is not yet provided, it is recommended that Council takes a proactive approach as part of the consultation process.

4. Implications

4.1. Policy

Bayside Planning Scheme

The Plan Melbourne Refresh discussion paper does not have any implications on the planning scheme. If any of the options for discussion where implemented it could result in changes to the State Policy Framework (SPPF) and Local Policy Framework (LPPF).

Page 61 of 116



There are no direct legal or statutory requirements relevant to Council in response to this report. Relevant state legislation has been identified in the attached submission.


There are no financial implications to Council as a result of this report. There may be future resource implications as a result of the ultimate approach to Environmentally Sustainable Design (ESD).


While there are no environmental impacts as a result of this report, some of the options presented in the Discussion Paper and provided in the draft submission (Attachment 1) will facilitate sustainable design outcomes that will result in reduced resources and energy consumption across Melbourne.

4.5. Social impacts

While there are no social impacts as a result of this report, some of the options presented in the Discussion Paper and provided in the draft submission (Attachment 1) will result in positive social impacts through more connected and accessible neighbourhoods and a diverse housing stock that is accessible, adaptable and caters for all the needs of our Bayside community.


The preparation of Plan Melbourne (2014) involved extensive community consultation. Plan Melbourne was released for comment by the Victorian Government from 9 October to 6 December 2013. A comprehensive community engagement program was undertaken as part of this process. The Refresh builds on feedback provided as part of this process.

Some of the options for discussion provided in the Melbourne Refresh Discussion Paper are in response to issues raised by local government and industry bodies and highlighted by the media in response to current planning issues.

While the release of the revised Plan Melbourne at the start of 2016 is highlighted in the Discussion Paper, it is not clear if another round of consultation will be undertaken to inform the final Plan Melbourne 2016, or the implementation plan and tools. Therefore it is recommended that Council advocates to the State Government to provide further opportunities for feedback early in 2016, when the release of the revised Plan Melbourne occurs.

6. Summary

The refresh provides an opportunity to update Plan Melbourne (2014) to reflect current government transport commitment and priorities. It will also document progress in implementing Plan Melbourne initiatives and actions and better define how they will be measured, update data and improve the strategy’s clarity and useability.

The Discussion Paper is a good starting point to identify improvements and changes to facilitate the implementation of Plan Melbourne.

Further consultation by the State Government is considered to be necessary if any of the options for discussion were to proceed, to enable the impact of each change to be fully considered.

Page 62 of 116


Recommendation

That Council:

1. adopts the draft submission at Attachment 1 as its position in response to the State Government Plan Melbourne Refresh discussion paper;

2. authorises the Director City Planning and Amenity to make any necessary editorial changes to the submission;

3. lodges the submission with the Department of Environment, Land, Water and Planning (DELWP); and

4. advocates to the State Government to provide further opportunities as part of an extensive engagement process, including an opportunity for council’s to comment on a complete Plan Melbourne Refresh, along with an Implementation Plan, tools and provisions.

Page 63 of 116


10.12 Loan Guarantee Application - Hurlingham Park Tennis Club Inc.

Corporate Services - Finance

File No: 001


For Council to consider a request from the Hurlingham Park Tennis Club Inc for Council to act as guarantee for a loan up to $40,000 for a period of 5 years.

2. Background

The Hurlingham Park Tennis Club is converting two clay tennis courts at Harris Street East Brighton to synthetic grass as part of its court renewal program. This project has been approved by Council in the 2015/16 capital budget.

Hurlingham Park Tennis Club has previously converted four clay courts to synthetic grass. This 2011/12 project was funded by the Club (partly through a Council Loan Guarantee) and a State Government grant from Sport and Recreation Victoria. The resurfacing of the remaining two courts will complete the Club’s court renewal program and provide the facilities for a sustainable tennis club for some 25-30 years

3. Discussion

3.1 Assessment of the application against the loan guarantee policy criteria

Policy Criteria Assessment

i) Where it is demonstrated that the project will provide essential services or a clear benefit to the community.

The Club has over 300 members.

ii) The Applicant will provide a minimum of 20% of the capital cost of the project excluding government grants and other external funding.

The total cost of the project is $130,000. The club is contributing 43% of funding for the project with a $56,000 cash contribution, has secured Gov’t Grants of $34,000 and is seeking a loan guaranteed from Council of $40,000.

iii) The guarantee term is within the Council agreed benchmark terms (Refer Loan Guarantee Policy).

The loan term is 5 years which is within the maximum allowable term for loans < $50,000

iv) The Applicant has completed and agreed to all items in the Loan Guarantee Compliance Statement.

Compliance statement has been signed as part of the application

v) Borrowings are only to be used for the construction and/or acquisition of capital assets on Council owned or controlled land that will be vested in and ultimately controlled by Council.

The asset is to be constructed on Council Land and will be owned by Council

vi) The Applicant is a “not for profit” organisation and has an incorporated status.

Confirmed

vii) The life of the asset exceeds the life of the loan guarantee

Expected useful life of the asset is 25 years and exceeds the life of the 5 year loan term

Page 64 of 116


viii) The term of the loan shall not exceed the term of the existing lease agreement. The lease agreement refers to the agreement between Council as landlord and the community organisation.

Current lease expires 30 June 2019. A new lease will be negotiated 12 months prior to the expiry of the current agreement.

ix) The loan must not include a redraw facility

To be a condition of the loan agreement on execution of documents

Subject to confirming that the final loan agreement conditions exclude a redraw facility and the renewal of the lease which expires in 2019 the application meets the policy criteria.

All applicable documentation has been received including copies of quotes for works to be completed, last two years financial statements, a financial model for the 5 year loan period, and a signed loan guarantee compliance statement.

3.2 Assessment of the business model by the evaluation review panel

In accordance with Council’s loan guarantee application procedure a review panel consisting of the Director Corporate Services, Director Community Services and Manager Finance have conducted a review of the application based on the evaluation criteria including the capacity of the organisation to repay the loan. As part of the evaluation, the panel reviewed the 5 year financial model prepared by Troedel Adams & Co Accountants on behalf of the Hurlingham Park Tennis Club.

The Evaluation panel has concluded that the information received including last two year financial statements as well as the 5 year business model for the term of the loan supports the club’s view that they are in a strong financial position and will be able to service the loan over the 5 year period from the annual financial surplus generated by the club.

4. Implications

4.1. Policy

The loan guarantee application has been considered in accordance with Council’s Loan Guarantee Policy and Loan Guarantee Application Procedure.


The loan guarantee documentation requires Council’s Common Seal. This requires a specific resolution of Council.


Council’s Loan Guarantee Policy requires Council’s loan guarantee commitments to be in the order of 1.5% of the annual revenue of rates and charges. Loan guarantees are measured on the basis of the outstanding balance of loans guaranteed by Council. The threshold based on the 2015/16 rates and charges budget is $1,235,000. The balance of approved outstanding loan guarantees at 30 June 2015 is $211,748. A loan guarantee for the Beaumaris Sports Club of $700,000 has also been approved but has not yet been drawn. Council has the capacity to approve additional loan guarantees of $324,000 before reaching the threshold. Council may at its discretion approve loan guarantees which exceed the 1.5% rates threshold where the individual project delivers substantial benefit to the wider Bayside community.



Page 65 of 116


4.5. Social impacts

The endorsement of this loan guarantee by Council, in support of Hurlingham Park Tennis Clubs proposal to fund part of the project from a loan guaranteed by Council will have positive benefits for the community.


There is no consultation and engagement required for this report.

6. Summary

The Hurlingham Park Tennis Club is converting two en-tout-cas tennis courts at Harris Street East Brighton to synthetic grass. The total cost of the project is $130,000 funded through direct club cash contribution of $56,000, Government Grants $34,000 and a loan from the Bank of Queensland of $40,000 guaranteed by Council.

Recommendation

That Council

1. acts as loan guarantor for the Hurlingham Park Tennis Club Inc for $40,000 for a maximum of 5 years to assist with the funding of the court replacement project; and

2. approves the necessary loan guarantee documentation being signed and affixed with the Bayside City Council common seal.

Page 66 of 116


10.13 Naming of roadway - Beach Road to Half Moon Bay


File No: COR 123


To formally name a roadway from Beach Road to Half Moon Bay as Cerberus Way.

2. Background

Several requests have been received to name the roadway from Beach Road down to Half Moon Bay. From the east the roadway commences from Beach Road, continues downhill to the west where a number of community and commercial premises are located (refer to the attached plan). These properties have had no formal sense of address and require an address for emergency services, deliveries, and other services such as taxis and events.

3. Discussion

Schedule 10 (5) of the Local Government Act 1989 provides that Council may approve, assign or change the name of a road and in exercising that power must act in accordance with the Guidelines in force for the time being under the Geographical Place Names Act 1998 and must advise the Registrar under the Act of the action taken.

The guidelines provide that Council, in naming a road consider amongst other things, the following:

Consideration to the use of indigenous names;

Consideration of historical or heritage significance

Names should be easy to pronounce, spell and write;

Duplication of names is not allowed within the municipality or within a five kilometre radius;

The recommended name Cerberus Way highlights the significance of HMVS Cerberus which is located at the bottom of the carpark at Half Moon Bay, which is a significant icon of the area.

The greater community knows and refer to this area as Cerberus, therefore is was proposed to name this roadway Cerberus Way.

Both the community organisation (Half Moon Bay Yacht Club) and the commercial premises Cerberus Café are supportive of the name. The emergency services are supportive of the naming of this roadway to alleviate any confusion of the location should an emergency occur within the area of Half Moon Bay.

4. Implications

4.1. Policy



It is a requirement of Schedule 10 (5) of the Local Government Act 1989 that Council must approve a proposed name lodge with the Registrar of Geographical Place Names.


The cost associated with signage and installation is appropriately $500 and this can be accommodated within the current budget for road maintenance.

Page 67 of 116




4.5. Social impacts

The proposal to name the roadway will provide a sense of address and assist those requiring access to emergency services.

5. Summary

It is recommended that Council approve the proposed naming of roadway from Beach Road to Half Moon Bay Black Rock as “Cerberus Way” in recognition of the significant heritage listed HMVS Cerberus, and formally providing a sense of address for the community organisations and commercial premises.

Recommendation

That Council:

1. approves the naming of the roadway from Beach Road through to Half Moon Bay as shown in attachment 1 of the report;

2 advises the Registrar of Geographical Names of Council’s resolution in this matter;

3. advises all affected stakeholders within the area once advice has been received from the Office of the Registrar of Geographical Names and the name has been formally gazetted; and

4. installs appropriate street signage once advice has been received from the Office of the Registrar of Geographical Names that the roadway has been formally gazetted.

Page 68 of 116


Page 69 of 116


10.14 Historic Place Investigation Submission - Sandringham Masonic Centre




To present to Council the nomination received by the Department of Environment, Land, Water and Planning (DELWP) to include the Sandringham Masonic Centre, 23 Abbott Street, Sandringham on the Victorian Heritage Register (VHR), and seek the adoption of a draft submission to be provided to DELWP and Heritage Victoria that supports the inclusion of the Centre on the VHR.

2. Background

On 14 October 2015, Council received a letter from DELWP stating that a nomination was received to include the Sandringham Masonic Centre (‘the Centre’) on the VHR. Heritage Victoria has accepted the nomination and will consider the inclusion of the building on the VHR.

The letter from DELWP and accompanying attachments, which includes the process for consideration of a nomination are provided in Attachment 1.

The Sandringham Masonic Centre was assessed during the preparation of the City of Bayside Inter-War and Post-War Heritage Study (May 2008). A citation was written for the Sandringham Masonic Centre and identified the building to have architectural and aesthetic significance. Key elements attributed to its significance include:

The building is one of a small number of Masonic temples in Australia, and only one of two in Victoria, designed in the Egyptian Revival manner;

The building is significant as a rare example of the Egyptian Revival style being applied to any building;

The form and decorative detailing is rarely seen in Australian architecture; and

The building is a prominent landmark in the Sandringham streetscape.

The citation from the City of Bayside Inter-War and Post-War Heritage Study (May 2008) is provided at Attachment 2.

Currently, the Centre is not included in the Heritage Overlay of the Bayside Planning Scheme.

3. Discussion

3.1. Submission to Heritage Victoria

DELWP and Heritage Victoria will seek feedback once a recommendation to include the Sandringham Masonic Centre on the VHR has been made.

A submission in response to the nomination and inclusion on the VHR is provided in Attachment 3. The submission supports the inclusion of the Centre on the VHR. The submission is also accompanied by the Heritage citation and provides Heritage Victoria with further information that will assist with the assessment of the site. In summary, the focus of the submission is that:

Council supports the inclusion of the Sandringham Masonic Centre on the VHR as it has a citation which found that it is architecturally and aesthetically significant to the City of Bayside;

The nomination is consistent with the recommendation from the City of Bayside Inter-War and Post-War Heritage Study (May 2008) to include the Centre in the Heritage Overlay of the Bayside Planning Scheme;

Page 70 of 116


The Centre is representative of the philosophical connection Freemasonry has with Ancient Egypt, which is rarely reflected in the architecture of Australian Masonic halls; and

The Centre’s architecture is representative of an increased interest in Ancient Egyptian civilisation during the inter-war era.

3.2. City of Bayside Inter-War and Post-War Heritage Study (May 2008)

Some of the recommendations of the City of Bayside Inter-War and Post-War Heritage Study (May 2008) have not yet been implemented into the Bayside Planning Scheme, including the preparation of a Planning Scheme Amendment to include the Sandringham Masonic Centre in the Heritage Overlay of the Bayside Planning Scheme. Having regard to the citation for the Centre which identifies the architectural and aesthetic significance to the City of Bayside, it is considered that the building should be included on the VHR. If the Sandringham Masonic Centre is ultimately included on the VHR, these changes would need to be implemented in the Bayside Planning Scheme.

4. Implications

4.1. Policy

The proposal is generally consistent with the Bayside Council Plan 2013-2017 (2014 Review) Goal 3: “A liveable city” and Strategic Objective 3.1 ‘Protecting and enhancing amenity, liveability and neighbourhood character.’ Having the Sandringham Masonic Centre on the VHR will protect and conserve the heritage significance of the site and ensure that it continues to make a contribution to Sandringham’s history and streetscape.


Heritage Victoria assesses applications and issues permits in relation to places listed on the VHR, pursuant to the Heritage Act 1995. This is distinct from the Planning and Environment Act 1987 which manages places protected by local Heritage Overlays in the Bayside Planning Scheme. Council may be asked for referral comments if a permit is lodged pursuant to the Heritage Act 1995.

At the current time there is no known imminent threat to the buildings heritage fabric. If, during the nomination process Council became aware of a threat to the building’s heritage significance, Council can seek an interim heritage control from the Minister for Planning pursuant to Section 20(4) of the Planning and Environment Act 1987.


There would be limited financial and resource implications if the Sandringham Masonic Centre is included on the VHR. Council receives a small number of Heritage permit applications/referrals relating to places on the VHR.



4.5. Social impacts

The inclusion of the Sandringham Masonic Centre to the VHR will have positive social impacts by ensuring the continued protection of Bayside’s heritage and cultural values.


If a heritage place or object is to be recommended for inclusion on the VHR, owners are given a report from Heritage Victoria which includes a statement of cultural heritage significance, proposed extent of registration, and any proposed permit exemptions.

Page 71 of 116


Heritage Victoria is responsible for the consultation process related to VHR nominations (refer Attachment 1). The owners or any party with a substantial interest in the place or object (such as Council) have 60 days to make a submission to the Heritage Council should they wish to do so. A recommendation to include the Centre on the VHR has not yet been made; therefore the 60 days have not yet occur. Adopting the submission means Council can advocate an early position and is prepared for a future consultation process.

Council have spoken to Freemasons Victoria and have advised them that Council will be considering the adoption of a submission in support of including the Centre on the VHR.

6. Summary

In October 2015, Council received a letter from DELWP stating that a nomination was received to include the Sandringham Masonic Centre on the VHR. Heritage Victoria has accepted the nomination and will now consider the inclusion of this building on the VHR. DELWP and Heritage Victoria are seeking feedback on the nomination. It is recommended that Council supports the inclusion of the Centre on the VHR. The Sandringham Masonic Centre has been identified as being architecturally and aesthetically significant to the City of Bayside as part of the City of Bayside Inter-War and Post-War Heritage Study (May 2008). A Heritage citation prepared for this site outlines the significance of the Centre.

While there is no imminent threat to the buildings heritage fabric, if there was such a threat Council can request interim heritage controls from the Minister for Planning, in parallel to the current VHR nomination process, or at a later date.

Recommendation

That Council:

1. supports the inclusion of the Sandringham Masonic Centre at 23 Abbott Street, Sandringham on the Victorian Heritage Register (VHR) and adopts the submission at Attachment 3 as its position;

2. authorises the Director City Planning and Amenity to make any necessary editorial changes to the submission;

3. lodges the submission with the Department of Environment Land Water and Planning (DELWP) and Heritage Victoria; and

4. advises Freemasons Victoria of its position to support the inclusion of the Sandringham Masonic Centre on the Victorian Heritage Register.

Page 72 of 116


10.15 2016 General Election Voting System


File No: COR 1234


To determine the method of voting to be adopted in the October 2016 General Council Election, in accordance with the requirements of the Local Governments Act 1989 (the Act).

2. Background

Section 31 of the Act requires that a general election for all local governments in Victoria be held on the last Saturday in October in the fourth year after the last general election. Accordingly the next council general election is scheduled for Saturday 22 October 2016.

Section 41A of the Act provides that Council can determine whether the Council’s general election is to be conducted by attendance voting or by postal voting. Councils are required to pass a resolution at least eight months before election day if they wish to change the method of voting from the method used at the previous general election.

Bayside City Council has used the postal voting method at the general elections held in the years 1997, 2000, 2003, 2005, 2008 and 2012.

Council’s decision regarding the preferred voting system will dictate how Council officers and the Victorian Electoral Commission prepare for the next general election scheduled for Saturday 22 October 2016.

3. Discussion

There are two methods of voting available for the general elections, either attendance voting or postal voting.

Attendance Voting

Attendance voting requires most voters to cast their vote at one of a number of voting centres on election day.

It is possible to vote early by voting at an early voting centre or by applying for a postal vote. Based upon research, results and officers’ experience, the following are the advantages and disadvantages associated with attendance voting.

Advantages

Same system of voting used for Federal and State elections

Opportunities for community interaction and fund raising

Voters see their name marked off the roll confirming they voted

Includes pre-poll and postal voting options for those who cannot attend

Mobile booths can be used to give access to those with limited mobility

Disadvantages

Substantial increased costs associated with running election

Lower participation rates

Higher informal voting rate

Disadvantages residents with mobility difficulties

Disadvantages ratepayers residing outside the municipality

Page 73 of 116


Increased resources required by Council to provide multiple polling locations and by candidates to staff each location

Possibility of long queues at voting centres

Wastage of how to vote cards and election material

Potentially less consistent information for voters regarding all candidates – those candidates with less resources are disadvantages

Time pressures on voters when considering their choice increases the potential for less informed votes

Postal Voting

On the other hand postal voting requires voters to return their ballots by mail or in person at a central location. Each voter is sent a ballot pack that contains the voting instructions, candidate statements, ballot papers and an envelope for returning the completed ballot paper. Voting for postal elections closes at 6.00pm on the Friday before election day.

Based upon research, results and officers’ experience, the following are the advantages and disadvantages associated with postal voting:

Advantages

Increased voter participation rates

Decreased informal voting rates

Greater convenience for voters especially those with limited mobility

Reduced time pressure for voters to consider their vote and preferences

Opportunity to provide voters with information regarding candidates concurrently with ballot material

Voting centres are not required avoiding confusion about the location of polling places

Provides a minimum amount of information about all candidates (at no cost to candidates avoiding a disadvantage to those with limited resources for promotional materials)

All election material is delivered in one package

Candidates don’t need to resource multiple polling locations or provide scrutineers at multiple counting locations

Election costs are substantially lower than attendance voting

Disadvantages

Perception of decreased security and confidentially

Prolonged voting period

Alleged increase in ‘dummy’ candidates taking advantage of preference distribution

Lack of face-to-face interaction between voters and candidates (or their supporters) at polling booths

Postal ballots are the most prevalent system adopted in the Local Government sector and 88.64% of elections conducted between 1999 and 2013 were conducted by post.

Page 74 of 116


Comparison of Election Types within the Local Government Sector

Years No: of Postal Voting elections No: of attendance voting elections

1999-2000 37 5

2000-2001 3 0

2001 – 2002 15 2

2002 – 2003 47 7

2003 – 2004 0 0

2004 – 2005 22 3

2005 – 2006 48 6

2006 – 2007 0 0

2007 – 2008 0 0

2008 – 2009 70 9

2009 – 2010 0 0

2010 – 2011 0 0

2011 – 2012 0 0

2012 - 2013 70 8

Total 312 40

Source: Victorian Election Commission

Comparison of Participation and Informal Voting Rates within the Local Government Sector

Overall Participation Rates Overall Informal Voting Rates

Years Postal Attendance Postal Attendance

1999-2000 75.5% 65.0% 2.9% 7.9%

2000-2001 78.4% 0 2.5% 0

2001 – 2002 73.7% 64.6% 2.7% 7.4%

2002 – 2003 76.4% 71.1% 3.2% 8.8%

2003 – 2004 0 0 0 0

2004 – 2005 75.% 55.6% 3.3% 10.4%

2005 – 2006 75.6% 72.8% 3.6% 9.3%

2006 – 2007 0 0 0 0

2007 – 2008 0 0 0 0

2008 – 2009 76.4% 70.0% 3.7% 9.9%

2009 – 2010 0 0 0 0

2010 – 2011 0 0 0 0

2011 – 2012 0 0 0 0

2012 - 2013 72.5 63.6% 4.6% 10.09%

Source: Victorian Election Commission

Bayside City Council Participation and Information Voting Rates

Year Election Type Participation Rate Informal Voting Rate

2012 Postal 70.22% 6.33%

2008 Postal 74.18% 4.42%

2005 Postal 74.53% 2.56%

2003 Postal 74.45% 2.9%

Based on the research and results postal voting is the preferred method of voting.

This method of voting has proven to be more successful in terms of voter turn-out compared to elections held by attendance voting.

Page 75 of 116


More importantly over the past 5 elections it would appear that postal voting has been embraced by the community given the high voter turn-out and the ease of convenience to vote prior to the election.

On this basis it is proposed that the method of voting for the 2016 Council elections remain as postal voting.

4. Implications

4.1. Policy

The 2016 election will provide the citizens of Bayside with the opportunity to hold their elected representatives accountable for the performance of Council and consider who best will represent their best interest on Council.

This report is consistent with the Council Plan 2013-107 Goal 7 strategic objective relating to ensuring open and transparent decision making and strong accountability to the community.


Council has a legislative obligation to conduct the general elections in 2016, and it is a requirement of the Act for Council to determine the method of voting at the 2016 general election.


Council’s decision on the preferred voting system to be adopted for the election will dictate how Council officers and the Victorian Electoral Commissions prepare for the October 2016 election and the cost of the election.

The estimated cost to conduct the 2016 council general election by postal voting is $360,000. The Victorian Electoral commission has indicated that attendance voting would increase the costs of conducting the 2016 council general elections by approximately 20 to 25%,


There are no environmental impacts arising as a direct result of this report.

4.5. Social impacts

There are no social environmental impacts arising as a direct result of this report.


Should Council determine to change the method of voting for the 2016 general election to attendance voting, additional emphasis would be required to highlight the change in the voting system to avoid voter confusion.

6. Summary

It is recommended that Council formally determines that the method of voting for the 2012 Council general elections will be by postal voting.

Recommendation

That Council resolves that the method of voting for the 2016 general elections be conducted by postal voting, noting this is the same method of voting used at each Bayside City Council election.

Page 76 of 116


10.16 Review of the Local Government Act 1989


File No: COR 1234


This report notes the State Government’s review of the Local Government Act 1989 and gives in-principle support to Bayside City Council’s submission to the review of the Local Government Act 1989.

2. Background

The Local Government Act 1989 is the primary legislation for the Local Government Sector.

The Act has undergone numerous amendments since its enactment and the State Government has determined that the first comprehensive review of the Local Government Act 1989 in a quarter of a century is needed.

This review responds to calls from the Local Government sector for legislative reform after over 90 amending Acts have resulted in hundreds of individual amendments to the Act in the past 25 years.

The Minister for Local Government has appointed a Local Government Act Review Advisory Committee to provide independent advice on the review.

3. Discussion

The overarching aim of the review is to provide for a new Act that is accessible, written in plain English and meets current and future needs of the sector and the community.

The review will include:

all aspects of the current Local Government Act 1989;

City of Melbourne Act 2001 and City of Greater Geelong Act 1993;

The Municipal Association Act 1907 will be reviewed in conjunction with the Local Government Act 1989 review.

The review will not include any legislation that is not the responsibility of the Minister for Local Government but which imposes obligations on councils eg: the Planning and Environment Act 1987 and the Building Act 1993.

A discussion paper has been released by the Department of Environment, Land, Water and Planning for comment by the sector and the community at large. The discussion paper is divided into 10 core chapters to assist the process in providing comments.

A copy of Council’s proposed submission is attached.

Whilst this is the commencement of the engagement phase concerning the review of the Local Government Act, further engagement will take place during 2016 through the publication of a Directions Paper and consultation. The drafting of a Bill for the new revised Act will be undertaken in 2017, and it is proposed that the implementation of the new act will take place in 2018.

4. Implications

4.1. Policy


Page 77 of 116



The Local Government sector is guided by the Local Government Act 1989 legislation, and this presents a wonderful opportunity to put forward ideas and comments concerning a new Act that can be more enabling rather than prescriptive.


There are financial or resource implications associated with this report.


There are environmental impacts associated with this report.

4.5. Social impacts



The Department of Environmental, Land, Water and Planning will continue to consult and engage with the Local Government sector the broader community throughout 2016 and 2017.

6. Summary

The State Government has commenced a review of the Local Government Act 1989 with the aim of implementation a new Act in 2018. The State Government is seeking feedback on the discussion paper. It is recommended that Council gives in-principle support to its submission at this stage of the process.

Recommendation

That Council gives in-principle support to the attached submission on the Discussion Paper for the Review of the Local Government Act 1989 and authorise the Chief Executive Officer to make any minor editorial changes required.

Page 78 of 116


10.17 Financial Report for 4 months to 31 October 2015

Corporate Services - Finance

File No: COR 1234


The following financial report provides a summary and analysis of Council’s financial performance for four months to 31 October 2015.

2. Background

The financial report is designed to report against the 2015/16 adopted budget to ensure consistency and compliance with the Adopted Budget, and to measure Council’s overall financial performance.

The reports include:

Operating Result

Capital Result

Cash Position

Victorian Auditor-General’s Office Indicators

Balance Sheet

The report also includes the following detailed financial schedules:

Income Statement (Attachment 1)

This report indicates the major line items for operating revenue less operating expenses to arrive at the net operating result.

Capital Projects (Attachment 2)

This report comprises the capital budget by program area – capital expenses less capital revenue to arrive at net capital.

Cash Flow Statement (Attachment 3)

This report provides the status of Council’s cash movements and cash position at the completion of the current month as well as the year end forecast.

Balance Sheet (Attachment 4)

The balance sheet reports the assets and liabilities to show the net worth of Council.

Page 79 of 116


3. Discussion

3.1 Operating Result

Line Item $ ' 000s

2015/ 16

YTD

Adjusted

Budget

2015/ 16

YTD

Ac tuals

2015/ 16

YTD

Adjusted

Variance

2015/ 16

Adjusted

Budget

Current

Forecast

2015/ 16

Full year

Forecast

Variance

Operating Services & New Initiatives Budget

Income

Rates and Charges 27,616 27,818 202 82,350 82,641 291

Statutory Fees and Fines 1,329 1,541 212 3,990 4,144 154

User Fees 2,343 2,434 91 7,462 7,700 238

Rental Income 2,023 2,022 (1) 3,970 3,942 (28)

Grants - Operating 3,427 3,180 (247) 10,075 8,836 (1,239)

Grants - Capital 180 187 7 1,749 1,750 1

Contributions - Cash - Operating - 56 56 25 146 121

Contributions - Cash - Capital 333 1,658 1,325 2,699 2,517 (182)

Interest Income 486 678 192 1,460 1,769 309

Other Income 497 1,094 597 1,700 2,276 576

Net Profit(Loss) on Disposal of assets - 1,216 1,216 - 1,231 1,231

Total Income 38,234 41,883 3,649 115,480 116,953 1,473

Expenditure

Employee Costs 12,932 12,691 242 38,839 39,263 (424)

Materials and Services 14,864 13,434 1,430 42,538 42,646 (108)

Bad and Doubtful Debts 6 10 (4) 172 179 (7)

Depreciation and Amortisation 5,067 5,130 (63) 15,206 15,389 (183)

Other Expenses 162 73 89 519 438 81

Finance Costs 274 274 - 730 730 (0)

Total Expenditure 33,305 31,612 1,694 98,004 98,645 (641)

Operating Result - Surplus 4,928 10,271 5,343 17,476 18,308 832

2015/16 Year to date operating Result

The October year to date result is a surplus of $10.3M which is $5.3M favourable to Budget.

2015/16 Forecast operating result

The current forecast for the year represents a surplus of $18.3M which is $832k favourable to Budget.

The underlying forecast operating result is unfavourable to budget by ($161k) and excludes the following one off or timing items:

($1.3M) – 50% Grants Commission funding received in 2014/15

($1.4M) – Forecast Capital funding lower than budget

$1.2M – Net proceeds for the sale of Sandringham Child Care Centre.

$598k – Refund from Transpacific regarding the carbon tax paid on the the waste disposal contract.

$1.3M – Increase in resort & recreation levy to be transferred to reserves.

$254k – Interest income from term deposits forecast to increase due to favourable operating cash position.

Page 80 of 116


Operating result by Division

3.2 Operating Surplus by Division

Division (in '000s)

2015/ 16

YTD

Adjusted

Budget

2015/ 16

YTD

Ac tuals

2015/ 16

YTD

Adjusted

Variance

2015/ 16

Adjusted

Budget

Current

Forecast

2015/ 16

Adjusted

Budget

less

Forecast

Variance

2015/16

Adjusted

Budget

Percentage

Variance

Executive 1,328 1,365 (37) 4,006 4,311 (305) -7.6%

Corporate Services 2,421 2,110 311 7,139 7,040 99 1.4%

Environ. & Infrastructure 9,355 8,583 772 29,976 29,592 384 1.3%

City Planning & Amenity 1,313 888 425 3,748 3,901 (153) -4.1%

Community Services 3,564 3,151 414 11,710 11,897 (187) -1.6%

Underlying Operating 17,982 16,097 1,886 56,579 56,741 (161) -0.3%

Rates (27,394) (27,586) 192 (82,245) (82,531) 286 -0.3%

Corporate Finance (402) (3,705) 3,303 (3,568) (5,887) 2,319 -65.0%

Capital Income (180) (205) 25 (3,448) (2,019) (1,429) 41.4%

Depreciation 5,067 5,130 (63) 15,206 15,389 (183) -1.2%

Grand Total (4,928) (10,271) 5,343 (17,476) (18,308) 832 5%

Executive forecast unfavourable ($305k)

($37k) – Organisational Development unfavourable due to higher than expected legal expenses re industrial relations issues and increased expenditure on the implementation of organisational restructure and the Innovation program

($250k) – Communications and Customer Service employee costs unfavourable due to Organisational restructure increase of 0.4 EFT,1 EFT transferred from IT $70k, 1 EFT funded from new initiative. Use of agency to backfill vacancies needs to be monitored closely.

Corporate Services forecast favourable $99k

$28k– Decrease in employee costs due to vacant role which has now been filled offset by backfill for Governance admin transition.

$52k – 2015/16 Insurance premiums lower than the estimate in the budget.

$43k – Savings in fleet costs mainly due to a decrease in leasing costs.

($49k) – Delay in going live with new telecommunications contract has incurred additional costs.

Environment & Infrastructure forecast favourable $384k

$130k – Latest estimate for the installation of Sustainable Public Lighting to result in savings.

$125k – Increase in the number of permit fees issued due to building activity

$70k – Income received for recycling materials from prior year 2014/15

Page 81 of 116


$50k – Lower expenditure required for Building Maintenance Program.

$41k – Education Program income unbudgeted

($94k) – Additional labour costs for Traffic Management and Drainage related to increased planning applications.

City Planning & Amenity forecast unfavourable ($153k)

($301k) – Statutory Planning salaries are forecast to be unfavourable by $359k. Organisational restructure $267k all non recurrent, one staff member has moved across from Community and additional planning staff have been employed to manage increased planning applications. This is partly offset by an increase in planning fee income due to the strong property market $90k.

$100k – Increase in the number of infringements issued due to efficiency gains and weather conditions

$14k – Animal Registrations fees received relating to 2014/15

Community Services unfavourable ($187k)

($303k) – Aged Services Regional projects funded from 2014/15 grants – timing.

$63k – Regional Assessment implementation program employee costs offset by Assessment & Review program and funding from two other councils.

$34k – Baby Capsule program ceased October 2015 as per council resolution resulted in savings.

$10k – Decrease due to a reduction in the number of Delivered meals required.

Corporate Finance favourable $2.319M

$1.2M – Net proceeds for the sale of Sandringham Child Care Centre.

$598k – Refund from Transpacific regarding the carbon tax paid on the waste disposal contract.

$1.3M – Increase in resort and recreation levy

$254k – Interest income from term deposits forecast to increase due to favourable operating cash position.

($1.3M) - 50% Grants Commission funding received in 2014/15.

$100k – Decrease in workcover premiums relating to a reduction in claims, and closure of Child Care Centres.

Page 82 of 116


3.3 Cash and Investments

The cash position of $67.9M has increased by $11.2M from $56.7M and is $12.9M favourable to budget as at October 2015 mainly due to $7.7M greater open cash balance than budgeted and the net cash proceeds from the sale of Sandringham CC $3.43 million.

30.Jun.15

Actual Actual Budget Variance Budget Forecast Variance

$' 000 $' 000 $' 000 $' 000 $' 000 $' 000 $' 000

Unrestricted 24,255 34,643 28,566 6,077 21,339 21,849 510

Restricted and committed funds 32,491 33,241 26,464 6,777 25,716 35,359 9,643

56,746 67,884 55,030 12,854 47,055 57,208 10,153

Cash & cash equivalents (including

investments) consists of:

Retail banks 52,000 67,000

Community banks 2,000 -

Cash on hand and at bank 2,746 884

Total cash and cash equivalents 56,746 67,884

Statutory Reserves

Recreational Land Reserve 8,926 10,565 8,886 1,679 8,909 10,371 1,462

Car Parking Reserve 381 381 375 6 385 391 6

Infrastructure Reserve 4,990 4,990 679 4,311 696 3,415 2,719

Dendy Street Beach Improvement Reserve 764 764 624 140 915 1,059 144

Community Facilities Enhancement Reserve 908 908 921 (13) 945 931 (14)

Early Childhood Facilities Reserve 2,560 2,560 2,580 (20) 2,645 6,044 3,399

Defined Superannuation Shortfall 1,000 1,000 1,013 (13) 1,538 1,500 (38)

Unspent Conditional Grants Reserve 345 345 - 345 - - -

Capital Works Carried Forward Reserve 3,286 2,322 2,290 32 - 1,845 1,845

Trust Funds and Deposits 3,517 3,334 3,282 52 3,099 3,693 594

Total Statutory Reserves 26,677 27,169 20,650 6,519 19,132 29,249 10,117

Committed Funds

Long Service Leave fund 5,814 6,072 5,814 258 6,584 6,110 (474)

Total Committed Funds 5,814 6,072 5,814 258 6,584 6,110 (474)

Total Restricted and Committed funds 32,491 33,241 26,464 6,777 25,716 35,359 9,643

Cash and cash equivalents at the end of

the period

31.Oct.15 Full Year

Restricted funds include trust funds, reserves, and long service leave commitments.

Major Reserves Movements in 2015/16 include:

Open Space Contribution forecast to increase by $1.46 million.

Opening balance of Infrastructure reserve includes $2.53M of savings from capital works in 2014/15. $1.5 million to be utilised to repay loans due in 2015/16.

$3.43 million unbudgeted sale of Sandringham St Child Care to be quarantined in the Early Childhood Facilities Reserve.

$0.5 million annual top-up of the Defined Superannuation Reserve subject to 2015/16 LTFP.

Capital funding to be carried to 2016/17 $1.85 million.

Page 83 of 116


Council’s investments totalling $67M at 30 October 2015

Financial Institution Long Term Short Term

NAB AA- A-1+ Term Deposit 1,000 9/11/2015 2.62% 75

Suncorp A+ A-1 Term Deposit 1,000 19/11/2015 2.90% 184

BOQ A- A-2 Term Deposit 1,000 19/11/2015 2.95% 181

ANZ AA- A-1+ Term Deposit 4,000 27/11/2015 3.04% 154
















NAB AA- A-1+

Floating Rate

Deposit 4,000 29/02/2016

2.975% to

27 Nov 186










Total 67,000 WOA 2.94%

Investment

Term (Days)

S & P Rating

Investment Type

Principal

Investment

( $'000) Maturity Date

Interest

Rate %

A+, 15%

A-, 17%

AA-, 68%

Investments by S & P Rating

Page 84 of 116


3.4 Victorian Auditor – General’s Office (VAGO) indicators

Indicator

VAGO Target

(to maintain

low risk)

Forecast

Performance

Forecast

Achievable

Liquidity

(Current assets / Current liabilities) > 1.5 2.58 Yes

Self-financing

(Net operating cash flow / Underlying revenue) > 20.0% 27.83% Yes

Capital Replacement

(Total Capital spend : Depreciation) > 1.5 1.99 Yes

Indebtedness

(Non-current liabilities/Own source revenue) < 40.0% 3.14% Yes

Underlying result

(Net surplus/Revenue) > 0% 15.65% Yes

Renewal gap

(Renewal capital spend:Depreciation) > 1.0 1.14 Yes

Definitions:

Liquidity - the ability to pay liabilities within the next 12 months.

Self Financing - the ability to replace assets using cash generated from day to day operations.

Capital Replacement - to ensure sufficient spending on capital renewal and new capital works.

Indebtedness - the ability to repay debt from own source revenue being revenue not tied to specific projects.

Underlying result - sufficient operating income to cover operating expenses.

Renewal gap - to ensure sufficient spending on existing capital assets.

Page 85 of 116


3.5 Capital Results

Capital expenditure is under budget by $1.1M year to date.

$'000's

15/16 YTD

Adjusted

Budget

15/16 YTD

Actuals Variance

2015/16

Adjusted

Budget

Current

Forecast

Forecast

Budget

Variance

Forecast

rollover to

2016/17

Variance

including

rollover

Capital Income 180 205 25 3,448 2,019 (1,429) (2,155) 726

Capital Expenditure 5,183 4,154 1,029 33,846 31,014 2,832 4,000 (1,168)

Grand Total 5,003 3,949 1,054 30,398 28,996 1,403 1,845 (442)

4541,694 2,921

5,0036,928

9,214

12,144

14,594

17,478

20,933

25,021

30,398

0

5000

10000

15000

20000

25000

30000

35000

Jul Aug Sept Oct Nov Dec Jan Feb Mch Apr May Jun

$(0

00's

)

Capital Programs Status2015/16 Actual 2015/16 Budget

Capital Forecast Revenue – unfavourable ($1.43M)

($2.1M) – Banksia Reserve Beaumaris Pavilion Redevelopment funding to be received at completition of project in 16/17.

$267k – Half Moon Bay Catwalk & Carpark Storm Damage, Grant funding to be received at completition of project.

$128k – Half Moon Bay Boat Ramp Reconstruction, Grant funding to be received at completition of project in 15/16.

$180k – North Road Jetty Storm Damage Reconstruction, Grant funding to be received at completition of project in 15/16.

Page 86 of 116


Capital Forecast Expenditure – favourable $2.8M

$2.4M – Banksia Reserve Beaumaris Pavilion Redevelopment to be completed in 16/17.

$1.2M – Dendy Street Masterplan Implementation to be completed in 16/17.

$400k – Hurlingham Park Pavilion Redevelopment to be completed in 16/17.

$230k – Sportsground Reconstruction Shipston Reserve, favourable tender result.

($425k) – Playground Renewal Projects, council resolution to fund additional playgrounds from Early Years Reserves.

($267k) – Half Moon Bay Catwalk & Carpark Storm Damage. Grant funding secured for unbudgeted project.

($200k) – North Road Jetty Storm Damage Reconstruction. Grant funding secured for unbudgeted project.

($150k) – Cheltenham Recreation Reserve Pavilion, unbudgeted project to commence in 15/16.

($60k) – Half Moon Bay Boat Ramp Reconstruction Grant funding secured for unbudgeted project.

4. Implications

4.1. Policy

The monthly financial report is identified within Goal 7 in the Council Plan 2013-2017 Strategic Objective 7.2.2- Reporting regularly to our community on Council’s performance.


Section 138 of the Local Government Act 1989 prescribes that, at least every three months, a financial report of revenue and expenditure be presented to Council.


The year-end forecast is a surplus of $18.3M which is $832k favourable to budget.

The underlying forecast operating result is unfavourable to budget by ($161k). The capital result forecast including the anticipated rollover of projects to 2016/17 is ($442k) unfavourable to budget.



4.5. Social impacts



There is no consultation or engagement required with this report.

6. Summary

This report represents the financial result to 31 October 2015 for both Operating and Capital. The forecast year end surplus for the operating budget is $832k favourable. Excluding the one-off items, the underlying result is ($161k) unfavourable to budget.

The capital result forecast including the anticipated rollover of projects to 2016/17 is ($442K) unfavourable to budget.

Recommendation

That Council notes the financial report for operating and capital for the four months ending 31 October 2015.

Page 87 of 116


Attachment 1

Income Statement

Division (in '000s)

2015/ 16

YTD

Adjusted

Budget

2015/ 16

YTD

Ac tuals

2015/ 16

YTD

Adjusted

Varianc e

2015/ 16

Adjusted

Budget

Current

Forec ast

2015/ 16

Adjusted

Budget

less

Forec ast

Varianc e

2015/16

Adjusted

Budget

Percentage

Variance

Executive 1,328 1,365 (37) 4,006 4,311 (305) -7.6%

Corporate Services 2,421 2,110 311 7,139 7,040 99 1.4%

Environ. & Infrastructure 9,355 8,583 772 29,976 29,592 384 1.3%

City Planning & Amenity 1,313 888 425 3,748 3,901 (153) -4.1%

Community Services 3,564 3,151 414 11,710 11,897 (187) -1.6%

Underlying Operating 17,982 16,097 1,886 56,579 56,741 (161) -0.3%

Rates (27,394) (27,586) 192 (82,245) (82,531) 286 -0.3%

Corporate Finance (402) (3,705) 3,303 (3,568) (5,887) 2,319 -65.0%

Capital Income (180) (205) 25 (3,448) (2,019) (1,429) 41.4%

Depreciation 5,067 5,130 (63) 15,206 15,389 (183) -1.2%

Grand Total (4,928) (10,271) 5,343 (17,476) (18,308) 832 5%

Page 88 of 116


Attachment 2

Capital Projects

CAPITAL in $'000's

Adjusted

Budget

YTD

Actual

Budget

Actual

Variance

fav./

(unfav)

2015/16

Adjusted

Budget

Current

Forecast

2015/16

Adjusted

Budget

less

Forecast

variance

2015/16

Carry

Forward

Balance

to 2016/17

Property Expenditure

Buildings 1,013 613 400 10,957 7,009 3,947 4,000

Building Improvements 438 209 229 2,376 2,510 (135)

Heritage Buildings 14 5 9 317 317 -

Plant & Equipment Expenditure -

Fixtures, Fittings and Furniture 52 30 22 221 221 -

Arts and Culture 3 3 - 30 30 -

IT Systems, Network, Servers and

Communication 280 261 19 1,444 1,534 (90)

Library Assets 132 83 49 395 395 -

Infrastructure Expenditure -

Foreshore and Conservation 86 383 (297) 1,183 1,765 (582)

Parks and Recreation 1,800 1,304 496 7,233 7,296 (63)

Off-Street Car Parks 13 9 4 418 409 9

Drainage Infrastructure 191 144 47 2,537 2,545 (8)

Road Infrastructure 1,161 1,110 51 6,735 6,981 (246)

Total Expense 5,183 4,154 1,029 33,846 31,012 2,834 4,000

Revenue

Grants - Capital (180) (187) 7 (1,749) (1,750) 1 (755)

Contributions - Cash- Capital - (18) 18 (1,699) (267) (1,431) (1,400)

Total Revenue (180) (205) 25 (3,448) (2,017) (1,431) (2,155)

Total 5,003 3,949 1,054 30,398 28,996 1,403 1,845

Page 89 of 116


Attachment 3

Cash Flow Statement

30.Jun.15


$' 000 $' 000 $' 000 $' 000 $' 000 $' 000 $' 000

Inflows Inflows Inflows Inflows Inflows Inflows Inflows

(Outflows) (Outflows) (Outflows) (Outflows) (Outflows) (Outflows) (Outflows)

Cash flows from operating activities

Receipts

Rates and charges 79,011 28,485 28,410 75 82,246 82,497 251

Statutory fees and fines 4,384 1,535 1,256 279 3,865 4,158 293

User charges 8,289 2,941 2,451 490 8,743 8,969 226

Rental income 3,876 2,022 2,272 (250) 4,115 4,079 (36)

Contributions - monetary 2,833 1,714 633 1,081 2,024 2,663 639

Grants - Operating 11,534 3,180 2,830 350 10,458 9,201 (1,257)

Grants - Capital 854 187 261 (74) 2,177 1,737 (440)

Interest 1,968 877 656 221 1,473 1,797 324

Trust funds and deposits 428 159 388 (229) 148 176 28

Other receipts 1,714 656 - 656 2,734 2,369 (365)

Net GST refund 5,367 910 1,683 (773) 5,044 4,766 (278)

Employee costs (37,945) (13,512) (14,129) 617 (38,732) (39,284) (552)

Payments to suppliers (47,633) (17,277) (18,008) 731 (50,480) (50,585) (105)

Net cash provided by (used in) operating

activities 34,680 11,877 8,703 3,174 33,815 32,543 (1,272)

Cash flows from investing activities

Payments for property, infrastructure, plant &

equipment (19,075) (4,164) (2,726) (1,438) (32,380) (30,590) 1,790

Proceeds from sale property, infrastructure,

plant & equipment 2,560 3,425 - 3,425 - 3,425 3,425

Proceeds from term deposit investments (15,000) (14,000) (8,500) (5,500) 2,000 - (2,000)

Net cash used in investing activities (31,515) (14,739) (11,226) (3,513) (30,380) (27,165) 3,215

Cash flows from financing activities

Finance costs (920) - 31 (31) (721) (735) (14)

Proceeds from borrowings - - - 1,500 - (1,500)

Repayment of borrowings (2,174) - - - (4,181) (4,181) -

Net cash used in financing activities (3,094) - 31 (31) (3,402) (4,916) (1,514)

Net increase(decrease) in cash and cash

equivalents 71 (2,862) (2,492) (370) 33 462 429

Cash and cash equivalents at the

beginning of the period 3,675 3,746 4,022 (276) 4,022 3,746 (276)

Cash and cash equivalents at the end of

the period 3,746 884 1,530 (646) 4,055 4,208 153

Term Deposits 53,000 67,000 53,500 (922) 43,000 53,000 10,000

Total cash and cash equivalents at the

end of the period 56,746 67,884 55,030 (1,568) 47,055 57,208 10,153

Unrestricted 24,255 34,643 28,566 6,077 21,339 21,849 510

Restricted and Committed funds 32,491 33,241 26,464 6,777 25,716 35,359 9,643

56,746 67,884 55,030 12,854 47,055 57,208 10,153

Cashflow Statement - period ended 31 Oct 2015

31.Oct.15 Full Year

Page 90 of 116


Attachment 4

Balance Sheet

30.Jun.15


$' 000 $' 000 $' 000 $' 000 $' 000 $' 000 $' 000

Current assets

Cash and cash equivalents 3,746 884 1,530 (646) 4,055 4,208 153

Trade and other receivables 5,822 65,032 67,202 (2,170) 4,665 4,951 286

Other financial assets 53,000 67,000 53,500 13,500 43,000 53,000 10,000

Inventories 124 124 55 69 54 123 69

Non current assets classified

as held for sale 2,194 - - - - - -

Other assets 1,065 488 615 (127) 768 809 41

Total current assets 65,951 133,528 122,902 10,626 52,542 63,091 10,549

Non-current assets

Trade and other receivables 184 184 115 69 123 163 40

Property, infrastructure, plant

and equipment 2,562,271 2,561,295 2,284,628 276,667 2,304,142 2,577,472 273,330

Financial assets 230 230 230 - 230 230 -

Other assets 69 55 69 (14) 69 69 -

Total non-current assets 2,562,754 2,561,764 2,285,042 276,722 2,304,564 2,577,934 273,370

Total assets 2,628,705 2,695,292 2,407,944 287,348 2,357,106 2,641,025 283,919

Current liabilities

Trade and other payables 9,572 4,602 4,998 396 7,200 6,771 429

Trust funds and deposits 3,517 3,334 3,340 6 3,099 3,693 (594)

Provisions 7,751 7,978 8,037 59 8,673 8,216 457

Interest bearing loans and

borrowings 4,183 4,183 4,181 (2) 5,420 5,190 230

Income in Advance 438 - - - - 591 (591)

Suspense/Clearing Accounts 61,705 63,088 1,383 - - -

Total current liabilities 25,461 81,802 83,644 1,842 24,392 24,461 (69)

Non-current liabilities

Provisions 920 895 942 47 1,054 1,120 (66)

Interest bearing loans and

borrowings 7,320 7,320 7,323 3 3,403 2,132 1,271

Total non-current liabilities 8,240 8,215 8,265 50 4,457 3,252 1,205

Total liabilities 33,701 90,017 91,909 1,892 28,849 27,713 1,136

Net assets 2,595,004 2,605,275 2,316,035 289,240 2,328,257 2,613,312 285,055

Equity

Accumulated surplus 814,359 823,954 820,868 3,086 834,593 832,117 (2,476)

Asset revaluation reserve 1,757,485 1,757,486 1,477,633 279,853 1,477,633 1,757,485 279,852

Other reserves 23,160 23,835 17,534 6,301 16,031 23,710 7,6792,595,004

Total equity 2,595,004 2,605,275 2,316,035 289,240 2,328,257 2,613,312 285,055

Balance Sheet as at 31 Oct 2015

31.Oct.15 Full Financial Year

Page 91 of 116


10.18 VCAT Decisions

City Planning and Amenity - Statutory Planning

File No: COR/1234


To inform Council of VCAT determinations received in the month of November 2015.

2. Background

Summary details for the seven decisions handed down during the month of November are attached.

Month Year Co

un

cil

Up

he

ld

Co

un

cil

Ove

r-tu

rned

De

lega

te

Up

he

ld

De

lega

te

Ove

r-tu

rned

Oth

er

(e.g

. V

arie

d

or

by C

onse

nt

With

dra

wn

Total

LGPRF* Outcome

Se

t A

sid

e

Aff

irm

ed

July 2015 1 4 1 3 0 1 10 8 1

August 2015 0 0 1 1 2 0 4 1 3

September 2015 0 2 0 2 3 0 7 4 3

October 2015 0 0 2 2 2 2 8 2 4

November 2015 0 2 1 4 0 0 7 6 1

TOTAL: 1 8 5 12 7 3 36 21 12

*Local Government Performance Reporting Framework (Data to be reported to State Government)

Recommendation

That the report on the VCAT decisions on the planning applications handed down during the month of November be received and noted.

Page 92 of 116


Subject Site: 762 Hawthorn Road, Brighton East

Application No. 2010/726/1

VCAT Reference No. P540/2015

Applicant: Mr Christopher Magowan

Before: E. Bensz, Member

Date of hearing: 2 November 2015

Date of order: 2 November 2015

Proposal:

Alterations and additions to an existing shop and the

construction of four (4) dwellings and a waiver of car

parking requirements.

Officer recommendation: Support

Council determination: Not Support

Appeal type: Section 87A Amendment

Plans substituted prior to hearing? Yes

VCAT determination: Amended Permit to be issued

LGPRF outcome: Set Aside

Subject Site: 481-485 Highett Road, Highett



Applicant: Stellar Elite Pty Ltd

Respondents: Gary & Julie McCulloch, Audra & Inga Liubinas, Glen & Jane Davidson, Jeff & Carolyn Robinson, Donna & Nick Giannacoss, Talia Montirosso

Before: Laurie Hewet, Senior Member

Date of hearing: 14 & 15 October 2015


Proposal:

The use and development of the land for a convenience restaurant and convenience shop; The construction of two or more dwellings on a lot in the General Residential Zone; The construction of a building and the construction or carrying out of works in the Design and Development Overlay Schedule 5; The reduction in the number of car parking spaces and the waiving of the requirement to provide a loading bay.

Officer recommendation: Not Support

Council determination: N/A

Appeal type: Failure to Grant a Permit


VCAT determination: Issue a Permit


Page 93 of 116


Subject Site: 2 Teddington Road, Hampton



Applicant: Chris O’Keefe

Respondents: Susan Baenziger & Michael Day

Before: Anthony Liston, Senior Member

Date of hearing: 16 October 2015


Proposal:

The construction of two or more dwellings on the land

(two, two storey dwellings) and construction of a building

or the construction or carrying out works.

Officer recommendation: Not Support


Appeal type: Failure to Grant a Permit


VCAT determination: Issue a Permit


Subject Site: 33 Sussex Street, Brighton



Applicant: Skyfall Properties Pty Ltd

Respondents: Roger C. Gillard, R. M. and V. M. Eason, Kevin and Judith Williamson, Helga von Gleichenstein, Verna A. Cook, Peter Harvey, Margaret Rose, Sue Seeto.

Before: Frank Dawson, Member

Date of hearing: 9 September2015


Proposal:

The construction of two or more dwellings on a lot in the Neighbourhood Residential Zone, a front fence exceeding 1.5 metres in height, a floor to ceiling height greater than 3.5 metres, and the construction of a roof deck above the second storey of the building.

Officer recommendation: Permit Refused


Appeal type: Refusal


VCAT determination: Permit to Issue


Page 94 of 116


Subject Site: 2-8 Dart Street, Highett



Applicant: Steller Elite Pty Ltd

Respondents:

Audra and Inga Liubinas; Glen and Jane Davidson; Gary and Julie McCulloch; Jeff and Carolyn Robinson; Donna and Nick Giannacos; Tim and Melissa Marshall.

Before: S. R. Cimino, Member

Date of hearing: 27 October 2015


Proposal:

Construction of more than one dwelling on a lot (three storey building for dwellings over basement car parking).

Officer recommendation: Permit Refused






Subject Site: 14 Normanby Street, Brighton



Applicant: Marko Pintar

Respondents: Herman & Maria Borenstein, Alfred Roger & Merilyn Bodinnar, Elizabeth McQuire, Sarah Anne Lawman Gleed, Anthony & Dora Couttie

Before: Tracey Bilston-McGillen, Member

Date of hearing: 20, 21 & 22 May and 31 August 2015


Proposal: Demolition of existing dwelling and construction of a double storey apartment with attic and basement parking consisting of three apartments.

Officer recommendation: Notice of Decision to Grant a Permit

Council determination: Refused





Page 95 of 116


Subject Site: 18 St Ninians Road, Brighton

Application No. 5/2014/635/1


Applicant: Laclislav (Les) Reptis

Respondents: B Craig

Before: Dalia Cook, Member

Date of hearing: 10 November 2015


Proposal:

Construction of a dwelling on land less than 500 square metres, pursuant to the Neighbourhood Residential Zone (Schedule 3). Variation of restriction (to allow minimum 2 metre setback to the rear boundary and inclusion of a utility room within the area designated for garages).

Officer recommendation: Notice of Decision to Grant a Permit


Appeal type: Notice of Decision to Grant a Permit

Plans substituted prior to hearing? No


LGPRF outcome: Affirmed

Page 96 of 116


10.19 Council Action Awaiting Report




This report presents to Council a schedule of actions pending for the period to 30 November 2015.

2. Background

The schedule of actions has been divided into two parts:

Part A – Reports awaiting internal action.

Part B – Reports awaiting external action / advice or further action pending.

Recommendation

That Council notes the Council Action Awaiting Report.

Page 97 of 116


10.19 Council Action Awaiting Report



DATE OF MEETING

COUNCIL RESOLUTION RESPONSIBLE OFFICER

COMMENTS/STATUS

8.5.12 10.3 Petition to Council – Proposed Lighting of Balcombe Park Sportsground That Council

2. investigates the potential reuse of the 20m floodlighting poles at the Sandringham College – Beaumaris campus including preliminary discussions with the College and other key stakeholders; and

3. receives a further report on the outcome of these investigations.

DComm

The Beaumaris New School Planning Group has been formed. Director Community Services is a member of this group. Initial meeting held 9 November 2015.

27.11.12 10.10 Major Activity Centre Structure Plan Review – Sandringham Village That Council:

1. endorses the approach to reviewing the Sandringham Village Final Structure Plan (November 2006) as outlined in this report; and

2. receives a further report following the ‘Issue Identification’ (Stage 2) milestone of the Review process.

DCP&A Report to proceed to the June 2016 Ordinary Meeting of Council.

27.11.12 10.11 Major Activity Centre Structure Plan Review – Bay Street That Council:

1. endorses the approach to reviewing the Bay Street Centre Final Structure Plan (November 2006) as outlined in this report; and


DCP&A Report to proceed to the June 2016 Ordinary Meeting of Council.

Page 98 of 116


DATE OF MEETING


COMMENTS/STATUS

27.11.12 10.12 Major Activity Centre Structure Plan Review – Church Street That Council:

1. endorses the approach to reviewing the Church Street Centre Final Structure Plan (November 2006) as outlined in this report; and


DCP&A

Report to proceed to the June 2016 Ordinary Meeting of Council.

27.11.12 10.13 Major Activity Centre Structure Plan Review – Hampton Street That Council:

1. endorses the approach to reviewing the Hampton Street Centre Final Structure Plan (November 2006) as outlined in this report; and


DCP&A

Report to proceed to the June 2016 Ordinary Meeting of Council.

17.12.13 10.11 Kindergarten Strategic Plan That Council

1. receives and notes this report providing an update on the Kindergarten Strategic Planning Project; and

2. receives a report on the findings of the Kindergarten Strategic Planning Project at its May 2014 meeting.

DComm As recommended by the Family Services Service Review, a ten year plan for kindergarten infrastructure will be developed.

24.06.14 10.2 Strategic Needs Assessment of Stadium Facilities Basketball and Netball 4. receives a future report presenting the findings from the

feasibility studies

DComm Preliminary finding from the netball and basketball feasibility study have been discussed with Councillors. Discussions to occur in late November with the intent of prioritising Council’s funding of recreation projects, including stadium facilities.

Page 99 of 116


DATE OF MEETING


COMMENTS/STATUS

19.08.14 10.7 Planning Scheme Amendment C116: Mandatory height controls in Hampton Street Activity Centre & Willis Street Urban Design Framework 3. receives a further report at the conclusion of the exhibition

process for both Amendments to consider submissions and legal representation requirements.

DCP&A Officers are currently in the process of seeking authorisation for Amendment C130. It is Council’s confirmed intention to run amendment C116 and C130 for Hampton in parallel. Due to outcome of the Panel for C113-C115, outcome also pending.

25.11.14 10.4 Home and Community Care (HACC) Service Review 8. receives further reports as information becomes available on the

arrangements to be put in place in subsequent years, in order to consider Council’s future role and contribution to meeting the needs of its community for home support services;

DCom Report to proceed to the February 2017 Council Meeting

24.03.15 10.3 Proposed Sport and Recreation Network That Council:

2. receives a report overviewing the actions undertaken by the Sport and Recreation Network Formation Working Party at the April 2016 meeting of Council.

DComm Report to proceed to the April 2016 Council Meeting

28.04.15 10.3 Brighton Secondary College Hockey Facility Annual Usage 2014/15 That Council receives a further report no later than April 2016 from the Management Committee summarising activities, including the financial position of the Brighton Secondary College Hockey Facility Management Committee.

DComm Report programmed for presentation to Council in April 2016.

Page 100 of 116


26.05.15 10.5 Establishment of a Permanent Drop Off Site for the Household Chemical Collection Program That Council:

1. approves the establishment of a permanent drop off site at Bayside Waste and Recycling Centre in Talinga Road and authorises the Chief Executive Officer to sign the Memorandum of Understanding and Funding Agreement; and

2. receives a program evaluation report at the completion on the current agreement term.

DInf 1. Complete. 2. Prior to entering into a new Memorandum of Understanding in June 2016, a report is to be presented to Council.

28.07.15 10.3 HMVS Cerberus Update That Council receives a report at the completion of the feasibility study outlining the findings and proposed actions.

DE & I Awaiting the Department to finalise the variation to the funding agreement to allow the feasibility study to commence. Once the variation is finalised it will take some months to complete the feasibility study and heritage studies. The Friends of the Cerberus will complete part, and Council will complete part of the study with the National Trust project managing the overall study.

28.07.15 10.4 Hampton East Draft Structure Plan 3. receives a report on the findings of the third-round community

consultation and engagement and a final Hampton East Structure Plan at the 15 December 2015 Ordinary Meeting of Council.

DCP&A Report to be presented to the February 2016 Council Meeting.

Page 101 of 116


28.07.15 10.7 Statutory Planning Services Review 1. receives advice and reports on further potential service

improvement initiatives including a streamlined format for Planning and Amenity Committee reports, and revised approaches to consultation meetings, at future Council meetings; and

2. receives a report in August 2016 on implementation of the improvement plan including achievement of performance and customer satisfaction measures.

DCP&A 3. Dates to be determined as the work plan is finalised. 4. Further report to be presented to August 2016 meeting.

25.08.15 10.1 Hampton Willis Street Precinct – Traffic Management and Scout Hall Site

That Council:

1. defers the item for three meeting cycles;

2. investigates further options for traffic management within the precinct and communicates with stakeholders;

3. receives a further report no earlier than the November Ordinary Meeting of Council outlining the outcomes of the traffic investigations;

4. receives a further separate report no earlier than the November Ordinary Meeting of Council regarding the future use or sale of 6A Willis Street Hampton:

a) Options in the report to include future use for

i) Public Open Space / Playground

ii) Carpark

iii) Residential purposes

5. consults with all stakeholders interested parties and individuals; and

6. writes to all submitters of Council’s decision in this matter.

DCP&A 2. Consultation and Engagement Strategy is being prepared to outline the process. 3. & 5. It is anticipated that a further report will be presented to the December 2015 meeting outlining the Consultation and Engagement Strategy outcomes. 4. DCorp: A report on the future use of

the Willis Street site will be presented to Council no earlier than November.

6. Submitters were notified on the

28 August 2015.

Page 102 of 116


25.08.15 10.3 Draft Elsternwick Park Master Plan 2. presents Option 3 “no golf” and Option 4 “LMS Golf Driving

Range” for community consultation as a way forward for Elsternwick Park;

3. considers the feedback from the community consultation process at the December 2015 Council meeting.

DComm Outcomes of the engagement process to be presented at the 16 December 2015 Council meeting.

25.08.15 10.4 Proposed Beaumaris Sports Club at Banksia Reserve Update No. 12 6. considers a further report confirming the above and including

Council’s formal approval of a loan guarantee to Beaumaris Sports Club and an update on the town planning amendment process no later than January 2016 Council meeting.

DComm Update to be provided to the January 2016 meeting.

25.08.15 10.8 Bayside Integrated Transport Strategy: Implementation Progress 2014/15 2. receives a further report on the implementation of the

Bayside Integrated Transport Strategy and the supporting suite of transport strategies and plans at the conclusion of the 2015/16 financial year.

DInf Report to proceed to the August 2016 Ordinary Meeting of Council.

22.09.15 10.1 Martin Street Draft Structure Plan 3. receives a report on the findings of the third-round community

consultation and engagement and a final Martin Street Structure Plan at the 24 February 2016 Ordinary Meeting of Council.

DCP&A Report to Council Meeting 24 February 2016.

22.09.15 10.2 Bayside Film Festival That Council resolves to consider whether or not the Bayside Film Festival is delivered in 2016 and beyond, and determines this in December 2015.

DComm The Bayside Film Festival will form part of the Arts & Culture Service Review reported to Council at its December 2015 meeting.

Page 103 of 116


22.09.15 10.3 Bayside Planning Scheme Review 2015 – Final Report 3. receives a report detailing the Planning Scheme Review

Implementation Plan at its Ordinary Meeting on 15 December 2015.

DCP&A Report to proceed to the December 2015 Ordinary Meeting of Council

27.10.15 10.1 Request to lease land 3 Hansen Street That Council indicates its intention to sell a portion of the land adjacent to number 3 Hansen Street to the owner of the abutting land and refers the matter to the Director of Corporate Services to negotiate a suitable sale price and conditions and Council to further consider the matter at a future meeting.

DCorp Report to proceed to the February 2016 Ordinary Meeting of Council

Page 104 of 116

Ordinary Meeting of Council Tuesday 15 December 2015 11. Reports by Delegates Reports by Delegates from the following organisations 1. Association of Bayside Municipalities – Cr Frederico 2. MAV Environment Committee – Director Environment &

Infrastructure 3. Metropolitan Transport Forum – Director Environment &

Infrastructure 4. Municipal Association of Victoria – Cr Frederico 5. Inner South Metropolitan Mayors’ Forum – Cr Long 6. Metropolitan Waste Management Forum – Cr Stewart

Ordinary Meeting of Council Tuesday 15 December 2015 12. Urgent Business

Ordinary Meeting of Council Tuesday 15 December 2015 13. Notice of Motions 13.1 Notice of Motion 241 – Letter of Congratulations – 1st/ 14th Brighton (Mayor’s

Own) Sea Scouts


13.1 Notice of Motion 241 - Letter of Congratulations - 1st/14th Brighton (Mayor's Own) Sea Scouts


File No: COR 1234

I, Cr James Long (Mayor) hereby give notice that I intend to move at the next Ordinary Meeting of Council to be held on Tuesday 15 December 2015 at 7pm at the Council Chambers, Civic Centre Boxshall Street, Brighton the following notice of motion:

“That a letter of congratulations under the seal of Council be presented to the 1st/14th Brighton (Mayor’s Own) Sea Scouts in recognition of achieving the title of the largest Scouting Group in Australia with a youth membership of 230 individuals and the largest volunteer Scout Leader base in Australia.”

Signed: Cr James Long BM JP Mayor

Page 105 of 116

General Committee Meeting

Confidential Business

That pursuant to Section 89(2) of the Local Government Act 1989, the Council resolves that so much of this meeting be closed to members of the public, as it involves Council consideration of matters coming within some or all of the following categories listed in Section 89(2) of such Act.

(a) Personnel matters; (b) The personal hardship of any resident or ratepayers; (c) Industrial matters; (d) Contractual matters; (e) Proposed developments; (f) Legal advice; (g) Matters affecting the security of Council property; (h) Any other matter which the Council or Special Committee considers would

prejudice the Council or any person; (i) A resolution to close the meeting to members of the public.

AGENDA 14.1 Public Art Commission

14.2 Confidential Contractual Attachments: Dendy Park Tennis Club Development Proposal, Elsternwick Park Master Plan Legal Advice(LGA 1989 Section 89(2)(d) and (f) Contractual matter and Legal Advice)

14.3 Minutes of the Chief Executive Officer Employment Matters Committee held on 18 November 2015 (LGA 1989 Section 89(2)(a) and(d) Personnel matter and a Contractual matter)

14.4 Re-appointment of the Chief Executive Officer (LGA 1989 Section 89(2)(a) and(d) Personnel matter and a Contractual matter)

As Chief Executive Officer, I hereby declare that the contents of this agenda relating to the closed meeting of the Council are deemed confidential and accordingly members of the Council are reminded that the contents of the agenda are not to be disclosed to any other party.

Adrian Robb Chief Executive Officer

Ordinary Meeting of Council 15 December 2015