banyule city council 13 april 2015 ordinary meeting agenda - reports

Ordinary Meeting of Council

Council Chambers, Service Centre

275 Upper Heidelberg Road, Ivanhoe

13 April 2015 commencing at 7.45pm

Following the public forum commencing at approximately 7.30pm and may be extended to 8pm if necessary.

AGENDA

The Mayor’s Acknowledgement of the Wurundjeri People “Our Meeting is being held on the traditional lands (country) of the Wurundjeri people and I wish to acknowledge them as the traditional owners and pay my respects to their Elders.”

Apologies and Leave of Absence Nil

Confirmation of Minutes Ordinary Meeting of Council held 23 March 2015

Disclosure of Interests Nil

1. Petitions

Nil

REPORTS:

2. People – Community Strengthening and Support

2.1 Government Funding for 15 hours of Kindergarten ................................................. 3

3. Planet – Environmental Sustainability

Nil

4. Place – Sustainable Amenity and Built Environment

4.1 Proposed 26 Storey Mixed Use Development at 443 Upper Heidelberg Road, Ivanhoe (P1453/14) .................................................................... 7

AGENDA (Cont’d)

Ordinary Meeting of Council - 13 April 2015

4.2 Bellfield Redevelopment Site and Banksia Community Stadium Precinct Project update (Former Banksia Secondary College) .............................. 21

4.3 Proposed multi dwelling development at 229 and 229A Banksia Street, Ivanhoe (former Bellfield Primary School) .................................................. 29

4.4 Food and Beverage Growth Plan - Melbourne's North .......................................... 51

5. Participation – Community Involvement in Community Life

5.1 Municipal Association of Victoria (MAV) - State Council Motions 2015 ..................................................................................................................... 57

5.2 Advocacy Report 1 July 2014 - 31 December 2014 .............................................. 66

6. Performance - Use Our Resources Wisely

6.1 Preparation of City Plan 2013-2017 (Year 3) ........................................................ 71

6.2 Preparation of Budget for Period 1 July 2015 to 30 June 2016 ............................. 81

6.3 Rating Strategy 2014/2015 ................................................................................... 95

6.4 Proposed Governance Local Law - Consideration and Hearing of Submissions ......................................................................................................... 97

6.5 Assembly of Councillors ...................................................................................... 101

7. Sealing of Documents

Nil

8. Notices of Motion

8.1 Anzac Day Events - Time Capsules .................................................................... 107

9. General Business

10. Urgent Business

Closure of Meeting

2.1

People – Community Strengthening and Support


2.1 GOVERNMENT FUNDING FOR 15 HOURS OF KINDERGARTEN

Author: Roberta Colosimo - Early Childhood Services Operations Co-ordinator,

Community Programs

File: F2014/302

EXECUTIVE SUMMARY

This report is to provide an update on the current funding commitment from the Commonwealth Government towards the continued delivery of fifteen (15) hours of kindergarten. The Australian Government’s current commitment through the latest National Partnership Agreement expires in December 2015. These continual short-term funding arrangements make it difficult for Councils and kindergartens to plan for the future, are disruptive for parents, and potentially developmentally detrimental for children. Without continued funding, Victorian parents face a potential of 100 per cent fee increase, which will make kindergarten costs unaffordable for many families. The Municipal Association of Victoria (MAV) is encouraging support from councils to liaise with State and Federal Members of Parliament on this matter and advocate for the continued funding support for the continued delivery of fifteen (15) hours of kindergarten.

RECOMMENDATION

That Council write to Federal and State Members of Parliament advocating for continued funding support from the Commonwealth Government for the continued delivery of fifteen (15) hours of kindergarten.

OFFICER DECLARATION OF CONFLICT OF INTEREST

Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter.

CITY PLAN

This report is in line with Council’s City Plan key direction to “provide services for people at important life stages”.

BACKGROUND

In November 2008 the Council of Australian Governments (COAG), as a part of its early childhood reforms, endorsed the national agenda of universal access to fifteen (15) hours of kindergarten a week for four year olds from 2013.

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GOVERNMENT FUNDING FOR 15 HOURS OF KINDERGARTEN cont’d


Currently the State Government funds ten hours, the Commonwealth funds five hours and the community/local government provide the shortfall in other running costs.

HUMAN RIGHTS CHARTER

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

CURRENT SITUATION

The Australian Government’s current commitment through the latest National Partnership Agreement expires in December 2015. These continual short-term funding arrangements make it difficult for councils and kindergartens to plan for the future, are disruptive for parents, and potentially developmentally detrimental for children. Without continued funding, Victorian parents face a potential 100 per cent fee increase, which will make kindergarten costs unaffordable for many families. On 20 February 2015, the Productivity Commission released its report into Childcare and Early Childhood Learning which supports continued Commonwealth investment in preschool programs. The report recommends that Federal funding for early childhood education and care should be combined and directed towards three priority areas, including the kindergarten universal access program. Ideally a funding announcement for continued kindergarten funding would be included in the May 2015 Federal Budget.

The Municipal Association of Victoria (MAV) has written to all local governments to advocate for the continuation of fifteen (15) hours of funding, encouraging councils to continue to advocate with both Federal and State Members of Parliament about this matter. Local government and the kindergarten community urgently need to speak with one voice to ensure the Australian Government continues to fund its share of the fifteen (15) hours operational costs to maintain stability for this essential introduction to formal educational for Australia’s children prior to commencing primary school.

CONCLUSION

The Australian Government’s current commitment through the latest National Partnership Agreement expires in December 2015. Without the continued funding, with the State Government only committed to funding ten hours of kindergarten, families face a potential 100 per cent increase in fees, making kindergarten costs unaffordable for many families. Should the Commonwealth funding cease with the expectation that delivery of fifteen (15) hours per week of kindergarten be maintained, the impact on council owned and managed kindergartens would be to either pass on the funding shortfall to families who cannot sustain exorbitant fee increases or carry the additional cost to offset the government funding cuts which could ultimately impact on ratepayers. The MAV is encouraging support from councils to advocate with State and Federal members of Parliament on this matter.

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GOVERNMENT FUNDING FOR 15 HOURS OF KINDERGARTEN cont’d


ATTACHMENTS

Nil

4.1

Place – Sustainable Amenity and Built Environment


4.1 PROPOSED 26 STOREY MIXED USE DEVELOPMENT AT 443 UPPER HEIDELBERG ROAD, IVANHOE (P1453/14)

Author: Nick Helliwell - Major Developments Planner, City Development

Ward: Olympia

File: P1453/14

EXECUTIVE SUMMARY

The proposal seeks to construct a 26 storey mixed use development which will be a total of 79.75 metres in height on the land at 443 Upper Heidelberg Road, Ivanhoe. The building will include retail space, 3 levels of office, 258 dwellings and 51 serviced apartments. While 332 car parking spaces are proposed to be provided, this is 149 less than the standard Banyule Planning Scheme requirement. A key consideration for Council in determining this application is the extent to which it proposes an alternative response to the height and building form set out in both the Structure Plan for the Heidelberg Precinct 2007 and the Banyule Planning Scheme (Design and Development Overlay Schedule 5). The proposal before Council is a significant departure from these guidelines and controls which require that the building should:

Be constructed to a maximum height of 28 metres.

Be split above 16 metres in height to form two towers. It is also considered that the proposal does not achieve a sufficient degree of compliance with the Guidelines for Higher Density Residential Development and in particular, there are concerns with the design detail proposed which is a critical consideration given the vantages to the development on this site. The shortfall of on-site car parking and resultant demand for car parking in the surrounding area is also a significant concern. It is recommended that Council refuse the application based on these fundamental concerns, however, as VicRoads have also objected to the proposal, Council must refuse the application based on this objection raised by a Statutory Authority.

RECOMMENDATION

That Council having complied with Section 52, 58, 60, 61 and 62 of the Planning and Environment Act 1987, resolves that a Notice of Refusal to Grant a Planning Permit be issued in respect of Application No. P1453/2014 for Buildings and works for a 26 storey building comprising apartments, a ground floor retail area and offices, use of land for Dwelling and Serviced Apartments, reduction of on-site car parking, creation of new access to a Road Zone Category 1 (Bell Street) and altered access to a Road Zone Category 1 ( Upper Heidelberg Road) on the following grounds: Building Design and Scale

1. The mass, bulk, scale and elevational treatment of the proposal, including the

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PROPOSED 26 STOREY MIXED USE DEVELOPMENT AT 443 UPPER HEIDELBERG ROAD, IVANHOE (P1453/14) cont’d


street level interface with Upper Heidelberg Road and Bell Street and elements of the architecture, materials and finishes, are harsh in appearance and lack sufficient visual interest at all levels of the building. These characteristics are contrary to the objectives of the Heidelberg Specialised and Major Activity Centre and would have an adverse visual impact on the streetscape and surrounding area contrary to Clauses 15.01-1 – Urban Design, 21.04-1 – Housing, the Design Objectives of Design and Development Overlay – Schedule 5 of the Banyule Planning Scheme, and Elements 1, 2 and 3 of the Guidelines for Higher Density Development.

2. The proposed building does not represent the high quality of architectural design and visual interest that is appropriate taking into account the site’s exposure.

3. The proposed building height and setbacks would result in a built form that is

visually intrusive and bulky and will have a detrimental impact upon the preferred character and appearance of the area contrary to Clauses 15.01-1 – Urban Design, 21.04-1 – Housing, the Design Objectives of Design and Development Overlay – Schedule 5 of the Banyule Planning Scheme and Elements 1 and 2 of the Guidelines for Higher Density Development.

Landscaping 4. Inadequate consideration has been provided for the retention of a substantial

Spotted Gum in the north-eastern corner of the site, provision of landscaping around the site periphery and the protection of vegetation on adjoining land to ensure that the podium of the building is adequately softened when viewed from the surrounding road network and neighbouring land contrary to Clauses 15.01-1 – Urban Design, 21.04-1 – Housing, 21.06 – Built Environment, the Design Objectives of Design and Development Overlay – Schedule 5 of the Banyule Planning Scheme and Element 6 of the Guidelines for Higher Density Development.

5. No assessment has been undertaken of the impact of the proposed works on trees and vegetation located within the Bell Banksia cutting located on the South-Western site boundary, contrary to Clauses 15.01-1 – Urban Design, 21.06 – Built Environment and Clause 21.08 – Local Places of the Banyule Planning Scheme.

Car and bicycle parking/access

6. The proposal does not have a sufficient number of on-site car parking spaces to service the proposed use, and will lead to an unacceptable increase in on street car parking which cannot reasonably be accommodated within existing off street car parking facilities or within the surrounding road network, contrary to Clause 52.06 – Car Parking of the Banyule Planning Scheme.

7. Inadequate visitor bicycle parking is provided to service the proposal and the proposed basement layout does not provide an appropriate level of accessibility to the resident and staff bicycle parking spaces that are provided, contrary to Clause 52.34 – Bicycle Facilities of the Banyule Planning Scheme.

8. The design of the vehicular access to/from the site from Bell Street is contrary

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to Design Standard 1 – Accessways of Clause 52.06-8 of the Banyule Planning Scheme.

9. The dimensions of the car parking spaces within the basement are inconsistent

with Design Standard 2 – Car Parking Spaces of the Banyule Planning Scheme and Australian Standards AS2890.1-2004 (off street) and AS2890.6-2009 (disabled) car parking.

Future resident amenity

10. The proposal fails to provide adequate amenity for future residents of a number of dwellings, in that a number of dwellings are not provided with appropriate levels of private open space, or appropriate levels of daylight to habitable rooms, contrary to Elements 5 and 6 of the Guidelines for Higher Density Development..

VicRoads

11. The proposed access on Upper Heidelberg is incompatible with the operation of

Bell Street, Upper Heidelberg Road and public safety.

Planning Permit Application: P1453/2014

Address: 443 Upper Heidelberg Road, Ivanhoe

Proposal: Buildings and works for a 26 storey building comprising apartments, a ground floor retail area and offices, use of land for Dwelling and Serviced Apartments, reduction of on-site car parking, creation of new access to a Road Zone Category 1 (Bell Street) and altered access to a Road Zone Category 1 ( Upper Heidelberg Road)

Existing Use/Development: Car park

Applicant: Caydon Heidelberg Developments

Zoning: Commercial 1

Overlays: Design and Development – Schedule 5

Notification (Advertising): Two signs on site, notices to surrounding property owners/occupiers and notice in the Heidelberg Leader newspaper

Objections Received: 92

Ward: Olympia

The proposal is a mixed-use development comprising apartments, serviced apartments, office and a retail space. Its built form is that of a single tower on top of a podium. The podium covers the entire site and comprises retail and office at Ground Level with two additional levels of office and three levels of serviced apartments. Above the podium sits a single tower, which has a north-south alignment. The building would have 26 levels above ground level with a maximum height of 79.75 metres.

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The proposal incorporates the following:

A commercial component comprising of a retail space of 315 m². The permit applicant advises that the retail space would be used for a café and convenience store, however this would require additional approval, and may necessitate a further waiver of car parking on the site.

Three office levels are proposed with a combined area of 3,616 m².

A total of 258 apartments, comprising:

o 97 x 1 bedroom

o 56 x 1 bedroom plus study

o 102 x 2 bedroom and

o 3 x 3 bedroom apartments.

A total 51 serviced apartments comprising

o 24 studio apartments and

o 27 x 1 bedroom apartments, which can also be combined to form 2

bedroom apartments

332 car spaces in four levels of underground car parking; and

165 bicycle spaces. The basement car park would be accessed from the site’s north-western boundary from Bell Street and from Upper Heidelberg Road to the east. Due to the proposed crossover on Bell Street, four existing diagonal car parking spaces along the service road would be removed to provide for the crossover. The existing crossover on Upper Heidelberg Road would be widened. A total of four lifts service the basement. The architecture of the building is contemporary and comprises a variety of materials including natural anodized aluminium, powdercoated perforated aluminium with galvanised steel framing, off-form pre-cast concrete and gabion wall cladding. On site landscaping is limited to the Level 3 recreational area and Level 26 roof top deck as a result of the entire site being covered by the podium. Off-site landscaping is proposed within the Upper Heidelberg Road and Bell Street road reserves. A copy of the plans form Attachment 1 to this report.

AMENDED PROPOSAL

On 1 April 2015 the applicant’s planning consultant provided Council with amended plans for the proposed vehicular access points to the site. These indicate deletion of the break in the splitter island in Upper Heidelberg Road, and modifications to the service lane in Bell Street. The latter would be the loss of an additional ten on-street parking spaces in this area. The application has not been amended to include these changes, and as such they have not been considered in the report below. Information supplied would appear to indicate that the plans may address VicRoads concerns with the proposal, however this has not been verified by the Authority.

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Section 80C of the Local Government Act 1989 requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter.

BACKGROUND/HISTORY

The land was surplus to road works associated with the Bell-Banksia Link, which was completed in 1992 by VicRoads and the land subsequently sold for potential development. In 1994, planning application TP7323 sought approval for 56 apartments over 9 levels. The application was withdrawn and no decision was made. In 1995, application P402/95 sought approval for a three-lot subdivision and this was also withdrawn. In 2002, application P422/02 sought approval for an 11 storey development and three levels of basement car parking. The proposal comprised retail and café areas on the ground floor, offices on Levels 1 to 6 and 26 apartments on Levels 7 to 10. The application was refused by Council and was subsequently rejected by VCAT. In determining to withhold planning permission, the Tribunal considered that the six storey podium and scale of the five upper levels of the building above the podium gave the structure a dominating visual appearance. The Tribunal indicated that the site may be appropriate for a building with a lower podium and a slender tower that, amongst other considerations, would protect view lines from roads when viewed from the north, south and west. The Tribunal’s decision provided guidance to the current provisions of the Design and Development Overlay which applies to the site. A site-specific Design and Development Overlay for the site had been included in the Planning Scheme in early 2006. A Structure Plan for the Heidelberg Precinct was finalised in 2007. This was implemented by Amendment C60 to the Scheme, which extended the Design and Development Overlay Schedule 5 to a larger area, and modified the site-specific requirements in relation to 443 Upper Heidelberg Road to accord with the Tribunal’s earlier decision. This amendment was gazetted on 11 November 2010.

SUBJECT SITE AND SURROUNDING AREA

The site is essentially triangular in shape and has a boundary of 70.92 metres to Upper Heidelberg Road, 87.26 metres to Bell Street and 108.47 metres to the Bell-Banksia Link. The site has an area of approximately 3360 m². The site is currently undeveloped and is informally used as a commercial car park. There are several mature exotic and native trees, including a 15 metre high Spotted Gum, primarily located in the north-eastern corner of the site. There is a fall across the site from east to west of approximately 5 metres.

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Figure 1 – Aerial photograph of site and surrounds The site occupies an elevated and visually prominent position on the Heidelberg-Eaglemont ridgeline which extends for a distance of some 6km from Heidelberg Heights to the north of the site to Ivanhoe to the south. The site is essentially vacant, and is currently utilised as a commercial car park. To the south of the site, is the Bell-Banksia Link cutting, and further south is a decommissioned Yarra Valley Water Reservoir comprising a storage tank approximately 65 metres in diameter and approximately 8 metres above ground level. The northern site boundary abutts the Bell Street off ramp which takes one way east bound traffic through to Upper Heidelberg Road and Burgundy Street. Land to the north and south of the site is residential in nature, comprising a mix of single and double storey detached dwellings and units with single-storey single dwellings predominating. A retail and commercial strip exists on the northern side of the Bell Street off ramp with a recently constructed four storey apartment building located opposite the site. The Austin Hospital is located to the east of the site across Upper Heidelberg Road. The Heidelberg Central Shopping strip also commences some 600 metres east of the site in Burgundy Street. The Heidelberg Railway Station is approximately 450 metres south east of the site.

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PUBLIC NOTIFICATION

Notification of the application was undertaken by way of direct mail to nearby property owners and occupiers, signs erected on site and a notice placed in the public notices section of the Heidelberg Leader newspaper. The formal public notice period ended on Wednesday 8 April. At the time this report was finalised, a total of 92 objections have been received although additional objections are expected and can be received up until a decision is made on the application. The grounds of objection are summarised as follows: Traffic and parking

Existing traffic problems will be exacerbated and increase traffic in surrounding local streets;

Increase parking problems in surrounding streets;

Parking near impossible in the area;

Not satisfactory that there is a reduction in on-site parking proposed for residents and visitors;

Traffic already chaotic increase in cars is unreasonable;

Traffic congestion;

Vehicles entering and exiting the site will create a dangerous environment;

Who will use the shops and offices if there is insufficient parking;

New access road will increase the congestion of traffic;

Vehicular access to the site is extremely dangerous and difficult due to existing conditions;

Loss of on street car parking;

Increase in accidents as the access/egress to the site has 60kmh speed limit;

The site is currently used a car park demonstrating the need for increased (rather than decreased) car parking in the area;

Calling them ‘serviced apartments’ is a way of getting around the car parking issues.

Height, bulk and design

Overdevelopment of the site;

The style and size is inconsistent with the surrounding area;

Not a high standard of architectural design;

Detrimental visual impact and amenity due to excessive height and podium bulk;

The proposed building height of 79m significantly exceeds the recommended height of 28m;

Height does not respect the scale of surrounding development & topography;

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Does not address all the requirements of the DDO5, in particular the building will not appear as a thin profile when viewed from Burgundy Street or Bell Street. It also exceeds the 10m in height at some property boundaries and is not a 2 tower form above 16m.

Nearby amenity and neighbourhood impacts

Development of the site will adversely impact on neighbouring properties as well as the broader area;

Overshadowing of nearby properties and associated loss of light;

Loss of character for suburb and surrounding area;

Overlooking and loss of privacy to surrounding properties;

The development relies on street trees to achieve walking comfort conditions at street level.

Other

Hospital is half this height and is not located on the top of the hill;

Insufficient infrastructure and amenities to cope with such a large development (e.g. schools which are currently under pressure);

Many other areas can cater for apartments;

We live in the suburbs not the City; An information session was held on 25 March 2015. The session provided an opportunity for the community to raise questions of both the permit applicant and Council staff in relation to the proposal and for a general discussion about the proposal. A further opportunity was provided for the applicant and objectors to make individual presentations in support of their submissions to Councillors and Council officers on 7th April 2015.

REFERRAL COMMENTS

Advice has been sought from VicRoads as well as Urban and Landscape Design consultants, Council’s Developments Engineering Section and Development Planning Arborist. Additional details on external and internal referrals are contained in Attachment 2, however key advice is summarised as follows: VICROADS VicRoads have advised that it has specific concerns with access to the site, and that it objects to the proposal in its current form. Council is therefore required to refuse the application. Additional details are contained in Attachment 2.

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URBAN DESIGNER Key advice from the Urban Design consultant is summarised as follows:

A podium tower form with a single projection is supported in preference to the form outlined in the Design and Development Overlay.

The specific architectural resolution of both the podium and tower form of the proposal, taking into account the obligation to achieve exceptional architectural merit befitting of the site’s exposure and urban role, is lacking.

The static, rectangular volume of the building form and its specific architectural resolution accentuates the perceptions of breadth which are not successfully alleviated by the proposed lift core and vertical striped effect.

The skyline profile currently has a disappointing flat-cap presentation.

The concerns with the architectural expression of the tower form can be resolved through multiple approaches, including minor contorting of plan shape, creation of strong rebates, and further material resolution.

ENGINEERING SERVICES Council’s Transport Section does not support the proposed reduction in on-site car parking provision and displacement of existing car parking from the site and from Bell Street to provide access to the site. A number of other vehicle access, car parking design and bicycle parking concerns are raised although it is anticipated that these could be resolved. DEVELOPMENT PLANNING ARBORIST Council’s arborist raises concern with the removal of a 15 metre high Spotted Gum located in the north-east corner of the site. In addition, no assessment of the impact of the proposal upon trees and vegetation located within the Bell Banksia Link cutting has been undertaken. However, it is noted that there are no tree controls affecting the property which would require the retention of the tree. LANDSCAPE CONSULTANT

Landscape architectural advice has identified the difficulty in providing landscaping as part of the proposal.

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PLANNING CONTROLS

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

Control Clause Permit Triggered

Commercial 1 Zone 34.01 Yes

Design and Development Overlay – Schedule 5 (DDO5)

43.02-2 Yes

Car Parking 52.05 Yes

Access to a Road Zone Category 1 52.39 Yes

Bicycle Facilities 52.34 Yes

POLICIES CONSIDERED

Relevant policies considered in the assessment of this proposal are outlined in Table 2 below: Table 2: Relevant Planning Scheme Policy

Policy Clause

SPPF

Settlement 11

Built Environment and Heritage (including sub clauses) 15

Housing (including sub clauses) 16

LPPF

Land Use 21.04

Built Environment (Diversity area) 21.06

Local Places 21.08

Safer Design Policy 22.03

Planning controls are detailed in Attachment 2 to this report.

TECHNICAL CONSIDERATION

In assessing the proposal, the following considerations require discussion. SUITABILITY OF THE LAND USE FOR THE SITE The use and development of the site for a mixed use building incorporating office, retail and residential components is consistent with State and Local policy, and is therefore considered to be an appropriate land use. The proposal represents an important development of an underutilised site within an existing Major Activity Centre. The proposed range of uses respond to a number of key elements of the Municipal Strategic Statement including objectives relating to commercial and residential development. Although the site provides an opportunity for a development which enhances the site and surrounding area, the design and scale of the building is an important consideration to ensure that the ultimate development is appropriate. Further, the impact of the proposal on car parking provision and traffic flows are also important

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considerations in the area. Accordingly, the following assessment examines these issues in detail to determine the suitability of the proposal for the site. HEIGHT AND FORM OF THE BUILDING The proposal does not adequately respond to the setting of the site, and the policies and planning scheme provisions which apply to it, with respect to both the height and form of the building. The proposal incorporates an overall height that is 52m, or approximately 17 storeys, higher than anticipated by the site-specific Design and Development Overlay provisions which apply to the property. Whilst the provisions of the Scheme in relation to height and building setbacks are not mandatory:

The additional height does not provide a positive contribution to the form of the building, in that its form is considered to be inappropriate in envelope and detailing as proposed;

The resultant building does not respect the scale of surrounding development and the topography of the surrounding land;

The additional floor area created is not considered to be required in order to provide for an appropriate mix or intensity of land uses (in that a lower building could also provide the same range of uses), whilst the intensity of land use directly contributes to concerns with respect to car parking.

The architectural form of the building is also considered to be inappropriate to the setting. The topography of the site and its island nature means that any development on this site will remain prominent from all directions, with there being limited potential for future screening of the building by surrounding development. In addition, the DDO5 outlines that development in gateway locations, such as this, should make a positive contribution to Heidelberg’s identity and sense of place. As such, it is appropriate that any building constructed be of a high architectural quality. It is considered that the rectangular form of the tower element, relatively flat nature of the facades, and flat roof form result in a building which does not fulfil this requirement. These concerns are supported by the urban Design advice which Council has received in regard to the proposal. Concerns with the architectural expression of the tower form may be able to be resolved through multiple design approaches, and is not readily addressed through a specific permit condition. This is a prominent site which can accommodate a tall and unique building. There may be merit in a building exceeding the height outlined in the DDO5, however a significant departure without a full process to amend the guidelines and subsequently the Planning Scheme with community input would undermine the process to include the Guidelines in the Scheme as part of the Heidelberg Structure Plan. Further, the architectural quality and features of the building does not warrant such a significant departure from the Planning Scheme controls and guidelines.

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GUIDELINES FOR HIGHER DENSITY RESIDENTIAL DEVELOPMENT In assessing the acceptability of the more detailed design elements of the proposal, Council is required to consider the Guidelines for Higher Density Residential Development. A detailed assessment against the Guidelines is included as Attachment 3. The proposal is not considered to meet the following components of the Guidelines:

Element 1: Urban Context

Objectives 2.1 and 2.2 – Height and massing

Objective 2.4 – Street setbacks

Objective 2.7 – Relationship to adjoining dwellings

Objectives 3.1 and 3.2 – Street pattern and street edge integration

Objectives 4.1 and 4.2 – Parking layout

Objective 5.6 – Design detail

Objective 6.5 – Private and communal open space The internal amenity of the residential apartments is on the whole considered to be acceptable except for the lack of north facing windows to the kitchen/living areas of the south-western level 3 apartments and the lack of windows and access to natural light for the studies within the 1 bedroom apartments. This is contrary to Objective 5.4 – Building layout of the Guidelines. Amenity considerations As detailed in Attachment 3, it is considered that the proposal meets the requirements of the Guidelines in relation to overlooking and overshadowing of surrounding properties, including the residential porperties on the southern side of the Bell-Banksia Link. Overlooking The site is located approximately 26 metres from the nearest residential property (the apartment building opposite), with rear yards of detached dwellings located over 43m from the site. The relevant provisions of the planning scheme (Standard B22 of Clause 55.04-6) seek to restrict overlooking within 9 metres of a proposed window or balcony. As such, any overlooking from the proposal is not considered to be excessive.

Overshadowing Whilst it is noted that there is some additional shadow cast to surrounding properties in the early morning on the equinox as a result of the proposal, this shadow is relatively fast-moving due to the height of the building and its separation from the residences. As a result, from 9.00am onwards the development will not cast any shadow on the rear yard areas of the neighbouring properties to the south, with shadow falling on the Yarra Valley Water storage tank site and across the Bell Banksia Link. By 12pm, the shadow would fall across Upper Heidelberg Road and again, no residential properties would be affected by this shadow. By 3pm, shadow would fall across the western portion of the Austin Hospital site.

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It is acknowledged that the building will cast a greater shadow extending through to some residential properties to the south in the morning period during the winter months, with some loss of direct sunlight for these properties. Although some overshadowing of these properties may be unavoidable in the morning, the extent of shadowing could be reduced with a decreased height and improved articulation of the proposed building. As compliance with Clause 55.04-5 is achieved, it is not possible to conclude that the development will unacceptably overshadow adjoining properties. The impact of shadowing could however be further reduced through modifications to the design. A copy of the detailed assessment of the proposal against the Guidelines is annexed at Attachment 3 to this report. TRAFFIC AND PARKING It is considered that:

The proposed parking layout is inappropriate, in that a number of spaces and accessways do not meet the requirements of either the Planning Scheme or the Australian Standard with respect to dimensions. Whilst it is acknowledged that the site is of a difficult shape, the result is a reduced accessibility of spaces, and it is considered that a redesign of the car park is warranted. The impact of this redesign on the total number of parking spaces able to be provided is not known.

The proposed bicycle parking spaces are not conveniently located for residents or employees, and are not appropriately located for visitors. Spaces should be relocated to more accessible locations, and visitor parking spaces made available within the public realm, or adjacent to it.

The proposed 149 reduction in the standard parking requirement is informed by a likely parking demand of up to 336 long-term parking spaces and 107 short-term parking spaces at any one time, based on current usage rates. An empirical assessment of the parking demand would therefore indicate that there remains a shortfall of 111 spaces on the site. This is exacerbated by the closure of the existing car park on the site, and the associated displacement of a proportion of those vehicles into surrounding streets (although some may also choose alternative paid parking available in the vicinity). Whilst car parking allocation can ensure that this is largely short-term parking, this shortfall is significant in its extent. It is considered that the result would be an excessive demand for on-street parking in the surrounding area. Access to parking nearby is also not convenient due to the generally poor pedestrian access to the site.

As detailed by VicRoads, it is considered that access to the site is not suitable. Although VicRoads has subsequently indicated to the permit applicant their acceptance of an ‘in-principle’ redesign to address access issues.

Details of comments from Council’s Developments Engineers and VicRoads advice is attached at Appendix 2 to this report.

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OBJECTORS’ CONCERNS The objectors’ concerns have been addressed above and in the attachments to this report, including the assessment of the proposal against the Guidelines for Higher Density Residential Development.

CONCLUSION

It is considered that the site provides a good opportunity for a large scale mixed use development incorporating commercial and residential land uses, but the proposal does not adequately address the particular characteristics of the site, and the Planning Scheme requirements in relation to it. In particular:

The proposal does not meet the existing height and setback controls specified under the Scheme and a number of the design objectives for the site and does not provide a sufficiently high architectural quality to warrant such a significant departure from the controls;

The proposal is also not considered to achieve a sufficient degree of compliance with the Guidelines for Higher Density Residential Development;

Access arrangements are inappropriate, with this and associated public safety concerns resulting in an objection to the proposal from VicRoads, although this may be able to be resolved; and

Appropriate car and bicycle parking facilities are not provided on site. The building design also means that an existing mature gum tree on the site is unable to be retained. For these reasons the proposal is recommended for refusal.

ATTACHMENTS

No. Title Page

1 Architectural plans 111

2 Background information 153

3 Assessment against Guidelines for Higher Density Residential Development 164

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4.2 BELLFIELD REDEVELOPMENT SITE AND BANKSIA COMMUNITY STADIUM PRECINCT PROJECT UPDATE (FORMER BANKSIA SECONDARY COLLEGE)

Author: Michael Hutchison - Projects Coordinator, City Development

Ward: Olympia

File: F2014/343

EXECUTIVE SUMMARY

Banyule City Council purchased three former school sites in November 2013 to, amongst other things, secure an important community asset, the Banksia Community Stadium. The asset was until then, owned by the Victorian State Government forming part of the Banksia Secondary College. Given the closure of three schools within the municipality, in September 2014 Banyule Council resolved to retain the Bellfield site keeping it available for the State to purchase and re-establish as an educational facility following the 2014 State election. The current government has not expressed a desire to re-acquire the site. Following a series of investigations, it is now established that, consistent with Sport and Recreation Victoria guidelines, the existing stadium structure is not suitable for refurbishment. The building structure is in a state of disrepair and subject to ongoing vandalism. As such, in readiness for a new purpose built facility, demolition of the existing structure is warranted. In light of no current State or Commonwealth funding opportunities being available to support the redevelopment of the site and stadium, an opportunity exists for Council to position itself for future funding by preparing a precinct wide master plan to comprehensively assess land uses within and adjacent to the Banksia Street site.

RECOMMENDATION

That Council: 1. Arrange for the demolition of remaining structures on its land located at 230-

232 Banksia Street, Bellfield. 2. Continue to seek and investigate community, State and Commonwealth

funding and support for the Banksia Community Stadium precinct project. 3. Begin development of a precinct master plan which considers the area

bounded by Darebin Creek, Ford Park, Waterdale Road, Banksia Street and Perkins Avenue and includes a multipurpose stadium precinct.

4. Officers continue negotiations with ADCO Construction Pty Ltd for the

temporary use of part of the land at 232 Banksia Street, Bellfield for construction vehicle parking in association with a nearby development.

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BELLFIELD REDEVELOPMENT SITE AND BANKSIA COMMUNITY STADIUM PRECINCT PROJECT UPDATE (FORMER BANKSIA SECONDARY COLLEGE) cont’d




CITY PLAN

This report is in line with Council’s City Plan key direction to “maintain and improve Banyule as a great place to live”.

BACKGROUND

The Department of Education and Early Childhood Development decommissioned and sold three school sites to Banyule City Council in November 2013. As illustrated in the locality map below, the three former school sites are situated in Heidelberg Heights, Bellfield and Ivanhoe.

Figure 1 – Former school sites located in the Olympia Ward (top to bottom)

1. Former Haig Street Primary School site: 52 Haig Street, Heidelberg Heights (Haig Street site). 2. Former Banksia Secondary College site: 228-230 Banksia Street, Bellfield (Bellfield site). 3. Former Bellfield Primary School site: 229 Banksia Street, Ivanhoe (Ivanhoe site).

Following a comprehensive community consultation exercise, the former Haig Street site was sold by Council for development purposes to Metricon. The former Bellfield site was later sold to Stockland and is currently subject to a development application process. The former Banksia Secondary College in Bellfield was acquired by Council primarily to secure an important community asset, the Banksia Community Stadium. Acknowledging community concern following the closure of three educational facilities closed in December 2011, at its meeting held on 1 September 2014, Council resolved that it:

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1. Reconfirms its position that the land known as crown allotment 2081 will remain available for a new educational facility until the state election on 29 November 2014.

2. Continues to work with Darebin Council and the Metropolitan Planning

Authority on community infrastructure capacity and the planning framework for the LaTrobe Employment Cluster including future educational needs in the area.

Consistent with this resolution, Council has retained the site for potential State Government acquisition and continues to work with Darebin City Council and the Metropolitan Planning Authority in the preparation of an employment cluster planning framework for inclusion in the Banyule Planning Scheme.

Locality Plan

Figure 2 – Bellfield Redevelopment site and proposed Banksia Community Stadium site (shown hatched)

CURRENT SITUATION

Council has undertaken a thorough assessment of the existing stadium on the Bellfield site. The assessment included working with Sport and Recreation Victoria (SRV) to assess the potential refurbishment of the existing stadium, the result of which established: 1. The current stadium building is in a state of disrepair; 2. The building has sustained a high degree of vandalism; 3. The current building currently houses two courts; 4. Local demand warrants at least four courts with a need to grow to six courts; 5. The current siting of the existing building constrains potential expansion and

impacts on operational efficiency in a four court arrangement; 6. Consistent with SRV stadium standards, the building does not have sufficient

run off space required for Netball use;

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7. A new multi-purpose building is deemed the only available option to cater for community needs and growth demand into the future;

8. No State or Commonwealth Government funding has been made available to Council at this stage for the stadium project;

9. A new multi-purpose facility is likely to require an estimated $11.5m (including the provision of car parking), in capital funds for a new four court facility of which Council has committed $7m;

10. A two-court facility is not financially sustainable; 11. The site and plans were also assessed by the Victorian Architect Panel, which

confirmed its current restrictions. In the lead up to the 2014 Victorian State election, the then State Government made an election promise of $3m towards the Banksia Community Stadium precinct project. Following the outcome of the election, the current State Government has not been forthcoming with a similar proposition. Furthermore, Commonwealth Government funding is not available under existing programs at this time. In 2014, Council initiated negotiations with the private sector for sponsorship rights in lieu of capital funds to construct the facility. The outcome of these negotiations, unfortunately, has not resulted in a commitment. However, Council has continued its exploration of alternate opportunities consistent with sponsorship or other development outcomes. Local community organisations have also recently expressed a high degree of commitment to raising funds; however it is acknowledged that the timing of this would be more appropriate and relevant once substantive funding from the State and Commonwealth is secured.


Following the closure and decommissioning of the former State Government Banksia College in December 2011, the structures on the site remained unoccupied and unavailable for public use for nearly two years before Council acquired the site. Since then, the remaining structures on the site have degraded considerably and despite security fencing and securing entry points, unauthorised entry of the buildings is ongoing. The frequent breaches to the fence and buildings usually result in acts of vandalism, contributing to the current state of disrepair. Having established that the current stadium structure is not salvageable to accommodate the multi-purpose needs of the community, it is now considered prudent to demolish the existing structure in readiness to explore opportunities for a purpose built facility. Given the strategic nature of the site and nearby community facilities, it is also considered appropriate that a master planning exercise be initiated to establish the best use of the land and upgrade of nearby community facilities. It is anticipated that the master plan will determine the optimum configuration and composition of the area between Waterdale Road and the Darebin Creek corridor.

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Figure 3 – Locality plan and site context for proposed area for master plan

Several planning zones exist across this locality including:

Zone code Zone

PPRZ Public Park and Recreation Zone

UFZ Urban Floodway Zone

PUZ-LG Public Use Zone – Local Government

GRZ1 General Residential Zone – Schedule 1

RGZ2 Residential Growth Zone – Schedule 2

PUZ – E Public use Zone - Education

FUNDING IMPLICATIONS

There are no State or Commonwealth funding programs currently available to contribute the required capital funds to construct a new facility. However, Council has continued to pursue and advocate to both tiers of government for funding. The anticipated cost of constructing a new multi-purpose centre featuring four courts and associated car parking is currently estimated at $11.5m, of which Council has committed $7m. The approximate cost of demolishing the existing stadium structure is $300k. Provision has been made in the 2014/15 Budget to facilitate the demolition of the building. Council has also been recently approached by a construction firm expressing interest to temporarily licence a small portion of the Bellfield development site for the purposes of temporary parking to alleviate on street parking pressures linked with the re-development of the nearby BlueCross Waterdale nursing home. This licensing request offers an opportunity for Council to yield a rental return whilst also minimising the impact of construction vehicles parking in nearby streets.

CONSULTATION

Prior to acquiring the former school sites, Council engaged with the community and delivered:

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Community information sessions held in April 2014 at the Bellfield Community Centre.

The establishment and formation of a Community Reference Group.

Ward newsletter updates and Banyule Banner articles.

Regular website updates.

Reports to Council. Council has consistently maintained that the scale and timing of the Banksia Community Stadium Project is based on the level of support provided by the State and Commonwealth Government.

DISCUSSION

In light of the factors referenced in this report, it is timely that the following steps be considered to further progress the future of the site: Demolish and tidy up site Council should immediately demolish the existing structures on the Bellfield site. As well as being regularly vandalised and further degraded despite security fencing, continuing unauthorised access continues to present a safety risk. The current structures on site are also inherently unsuitable to be utilised as a true multi-purpose stadium. Secure funding for the Banksia Community Stadium project The scale of the future Banksia Community Stadium project is dependent on future funding for either a four or six court facility. It should also be noted that Council adopted a community needs infrastructure study titled “3081 Community Services Strategy and Facilities Plan” in May 2013. This study identified the service and community infrastructure priorities for Heidelberg West, Bellfield and Heidelberg Heights to assist Council’s strategic investment in improved life outcomes for children, young people and adults living in the 3081 postcode. The report acknowledged the loss of the two basketball courts after the closure of the Banksia Secondary College. When endorsing the plan, Council noted that the plan was subject to change due to funding availability from other levels of government. Master plan A new precinct-wide master plan that considers the area bounded by Darebin Creek, Ford Park, Waterdale Road, Banksia Street and Perkins Avenue (shown in figure 4) may provide Council the opportunity to develop a broader vision that could better consolidate and integrate land uses for the different stakeholders in the affected area. The new Banksia Community Stadium project would feature within the master plan area.

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Figure 4 – Proposed master plan area

The affected stakeholders in this greater precinct include:

Council Operations Centre and Waste Recovery Centre;

Council Parks and Gardens Depot;

Visy Materials Recovery Centre

Bellfield Community Centre and centre user groups;

Department of Education and Training;

HiCity;

Royal District Nursing Service;

Several sporting clubs including Bellfield Cricket Club, Ivanhoe Junior Football Club, St. James Tennis Club, Yarra Valley Hockey Club; Ivanhoe Netball Club, Banyule Hawks Basketball Club and Ivanhoe Knights Basketball Club;

Waterdale players theatre group; There are a number of challenges associated with this approach which need to be further understood. The initial stages of the project would seek to establish the relationship between:

Various current zonings and uses of land;

Diverse number of stakeholders and differing needs;

Consideration of any existing agreements with stakeholders. Confirming land available for redevelopment Undertaking a master planning exercise may also uncover and examine other potential uses, including the identification or confirmation of alternate land appropriate for redevelopment which will assist in offsetting some of the costs associated with the Banksia Community Stadium project. Redevelopment after confirming Banksia Community Stadium precinct development timing Following the outcome of the above steps, Council could investigate the sale of the development land through a two-phase Expression of Interest (EOI) and Request for Tender (RFT) process.

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Prior to the commencement of this process, community engagement would be undertaken, the outcomes of which would be used to inform Development Guidelines for the site, similar to those applied at the Heidelberg Heights and Ivanhoe sites.

TIMELINES

The following table provides an indication of timelines: Table 1: Indicative timelines

Steps Timelines

Demolition works June 2015 - July 2015

Secure funding Ongoing

Master planning April 2015 – December 2015

Confirming land available for development Early 2016

Prepare land for redevelopment 2016-2017

CONCLUSION

Having received no indication from the State Government that the Bellfield site is required for any educational opportunity, Council can now take actions to progress exploring other options. The short-term delivery of the stadium precinct in the form of either a refurbishment or new build is unlikely due to a lack of presently available State and Commonwealth funds. The immediate demolition of the existing structure is considered necessary. The structure is being regularly vandalised, has been further degraded and presents a safety risk. Additionally, the current structures are inherently unable to be utilised as a true multi-purpose stadium. Council is committed to the delivery of the Banksia Community Stadium and it can continue to progress it by refining its vision for the precinct in the form of a broader master plan, whilst concurrently pursuing State and Commonwealth funding partners.

ATTACHMENTS

Nil

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4.3 PROPOSED MULTI DWELLING DEVELOPMENT AT 229 AND 229A BANKSIA STREET, IVANHOE (FORMER BELLFIELD PRIMARY SCHOOL)

Author: Andrea Meagher - Development Planner, City Development

Ward: Olympia

File: P1461/2014

EXECUTIVE SUMMARY

The proposal seeks approval for the construction of 81 dwellings and a public open space area on the former Bellfield Primary School site. The proposed dwellings are contemporary in nature, with the majority being attached to one another and with a mix of flat roof and pitched roof forms. An assessment of the proposal against the provisions of ResCode and the Development Guidelines for the site and a review of objections received reveal that the key issues for consideration are:

The impact of the proposal upon surrounding roadways with respect to traffic and parking;

The tree removal proposed in association with the development;

The proposed scale, style and layout of the proposed dwellings;

The impact of the development on the existing drainage system. The proposal achieves a high level of compliance with both the Development Guidelines and ResCode. Approval is recommended, subject to conditions which will improve the amount of proposed landscaping on site, the on-street parking provision, improved integration with existing built form and future resident amenity.

RECOMMENDATION

That Council having complied with Section 52, 58, 60, 61 and 62 of the Planning and Environment Act 1987, resolves that a Notice of Decision to Grant a Planning Permit be issued in respect of Application No. P1461/2014 for Multi dwelling development and construction of fencing at 229 and 229A Banksia Street, IVANHOE subject to the following conditions: PRIOR TO THE COMMENCEMENT OF DEVELOPMENT

1. Unless otherwise agreed in writing by the Responsible Authority the development permitted by this permit must not be commenced until:-

(a) The plans required by Conditions 2, 4 and 5 have been submitted and approved;

(b) The plans for Stage 1 required by Condition 3 have been submitted and approved;

(c) The tree protection measures required by Condition 8 have been

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PROPOSED MULTI DWELLING DEVELOPMENT AT 229 AND 229A BANKSIA STREET, IVANHOE (FORMER BELLFIELD PRIMARY SCHOOL) cont’d


installed;

(d) The Construction Management Plan required by Condition 11 has been submitted and approved;

(e) The necessary approvals and associated fee for the removal and replacement of the existing street tree(s) which are shown on the plans to be removed, has been obtained and paid to the Responsible Authority (Banyule Tree Care Department).

to the satisfaction of the Responsible Authority. Amended plans

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

(a) Any proposed staging of the development.

(b) Details of measures to allow for appropriate tree protection on the site, including:

(i) Fencing adjacent to Tree 27, must incorporate piers located outside the calculated SRZ area of the tree. If impracticable, a hydro-excavation or air-knife root investigation along the boundary of Dwellings 38 and 39 must be undertaken to determine the location of tree roots and dictate the location of piers within the SRZ;

(ii) Any proposed building or infrastructure designed so that it will encroach on the calculated TPZ of Tree 13 by no more than 10% of the TPZ area and to not occur within the calculated structural root zone;

(iii) The footpath adjacent to Tree 21 is to be constructed above grade within the TPZ area. The unspecified area to the south of the tree (walkway within Dwelling 32) is to be nominated as open space. All fencing within the TPZ is to be of pier and beam type construction with piers located outside the nominated SRZ;

(iv) The footpath adjacent to Tree 52 is to be constructed above grade using permeable paving. All allocated storage areas within the rear setbacks of Dwellings 77-81 should be relocated outside the SRZ and TPZ of Trees 52 and 53, and any piers in relation to fencing (pier and beam construction) must be located outside the calculated SRZ;

(v) The footpath adjacent to Tree 53 is to be constructed above grade within the TPZ area and the slabs to the south of Dwellings 77, 78 and 79 are to be constructed using permeable materials. All allocated storage areas within the rear setbacks of Dwellings 77-81 should be relocated outside the SRZ and TPZ of Trees 52 and 53, and any piers in relation to fencing (pier and beam construction) must be located outside the calculated SRZ;

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(vi) The grassed area adjacent to Tree 38 (north east side) must be extended further to the west alleviating the need for works within the SRZ;

(vii) The above grade permeable paved walkways to the east of Trees 42, 43 and 46 along the boundary line within Dwellings 1 and 31 must be left grassed and no works in these zone is permitted;

(viii) The Tree Preservation Fencing in accordance with Condition 3 of this permit;

(ix) Details of the proposed servicing locations, which are to be designed and installed in a manner to ensure protection of those trees nominated for retention.

(x) Landscape and tree zones beneath high retention value trees to be clearly marked with hatching, colour coding or similar and distinguished from useable open space areas;

(xi) A plan notation indicating that no building works or facilities are to be provided within the dedicated landscape areas

(c) The visitor parking space located adjacent to Lot 53 be relocated a more appropriate location within the estate and replaced with a landscape strip, including tree planting.

(d) An improvement in the streetscape presentation of the proposed dwellings, as follows:

(i) Incorporation of an upper storey recession of at least 2.0 metres on four (4) of the proposed dwellings facing Jellicoe Street This may include the introduction of hipped or gable roof forms;

(ii) Dwellings 1-11 setback a minimum of 4.5m from Jellicoe Street; and

(iii) Dwellings 61, 62 and 63 setback a minimum of 4.5m from Wadham Road; and

(iv) Re-design of driveways associated with Dwellings 2, 3, 6, 7, 8 & 9 so that access to each garage is from a single double crossover.

(v) Reduction in the height of the proposed fencing along Banksia Street to 1.5m, with 50% transparency. The gated entries to each dwelling should be inset and use materials that make the entry point clear.

(vi) Details of the siting and height of the proposed fence on the corner of Banksia Street and Wadham Road, with consideration for additional tree planting and a landscape treatment visible form the street.

(e) Details of measures to improve the amenity of future residents of the site, including:

(i) Modification to Dwellings 72-76 and 77-81 and/or window layouts to restrict overlooking between these pairs of dwellings.

(ii) The Elevation Plan of Dwellings 44 -57 to show maximum heights at 9.0m;

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(iii) The Northern elevation of Dwellings 12-31 and Dwellings 77-81 to show a maximum height of 5.5m;

(f) Details of the proposed electrical substations, including associated screen fencing and landscaping.

(g) The Elevation Plan of Dwellings 44 - 57 to show maximum heights at 9.0m;

(h) The Northern elevation of dwellings on Dwellings 12-31 and Dwellings 77-81 to show a maximum height of 5.5m;

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

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

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

(iii) The outfall drainage works necessary to connect the subject site to the Council nominated Legal Point of Discharge;

(iv) The integration, details and connections of all Water Sensitive Urban Design features in accordance with the endorsed ESD Management Plan and STORM report and include drainage details as a result of landscaping.

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

(j) A schedule of external building materials and colours, including details of cladding and roofing materials; the schedule should be presented on a separate sheet and must include colour samples.

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

Landscape Plan

3. Unless otherwise agreed in writing by the Responsible Authority, no Stage of the development permitted by this permit may be commenced until a satisfactory detailed landscaping plan is submitted to and approved by the Responsible Authority for that Stage. Such plan must be prepared by a person suitably qualified or experienced in landscape design and shall include:

(a) Details of planting throughout the site (including the proposed rain gardens) and on abutting Council Reserves;

(b) The provision of at least two (2) large canopy tree (mature height of at least 13m) planted at a semi-advanced state (minimum pot size 16 litre) within the site;

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(c) The provision of a small-medium canopy tree (mature height of at least 5-10m) planted at a semi-advanced state (minimum pot size 16 litre) within the frontage setback of each dwelling to an existing street or proposed roadway (with the exception of Banksia Street);

(d) The provision of a small canopy tree (mature height of at least 5-8m) to the private open space area of each dwelling;

(e) The identification of existing vegetation (which is not intended to be removed), and nomination of vegetation for removal throughout and immediately abutting the Stage;

(f) Provision of formed garden beds with edging around the landscape zones within the front setback areas and adjacent to common property driveways to prevent cars parking within those areas;

(g) Planting adjacent to driveways and within landscaping zones to consist of varying heights and species;

(h) An indigenous and/or drought tolerant planting theme;

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

(j) Location and details of rain gardens, paving, steps, retaining walls, water tanks, clotheslines, fence design details and other landscape works including cut and fill.

(viii) On-going maintenance requirements for the proposed rain gardens and planting with replacement planting where necessary.

Streetscape and Public Open Space Plan

4. Unless otherwise agreed in writing by the Responsible Authority, the development permitted by this permit may not be commenced until a satisfactory detailed landscape plan for all streets, common property and open space reserves within the development is submitted to and approved by the Responsible Authority. Such plan must be prepared by suitably qualified or experienced person/s and shall include as appropriate:

(a) The siting for all street tree planting having regard to issues such as service conduits, crossovers and street lighting location, and including;

(i) Jellicoe Street - Replacement of Trees 47, 48, 49 & 50 and provision for two additional Street trees;

(ii) Wadham Road - Replacement of Trees 6, 9, 12 & 14 and provision for two additional Street trees;

(iii) Banksia Street – Provision of Street Trees (up to three) within the Bellfield Street Shopping Centre;

(b) A planting schedule including species selection, planting requirements and maintenance requirements;

(c) Typical cross sections for all streets;

(d) Measures for the protection of planted street trees (such as tree guards);

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(e) Details of landscaping and development of the public open space reserve which is to include:

(iv) Lighting, seating, bollards and public art, including suitable bollards or fencing along the roadside boundary;

(v) Water supply and taps;

(vi) Concrete construction for pedestrian paths;

(vii) Facilities that are to be contained within it must comply with the Disability Discrimination Act. The public open space must be designed for open public access with no restricted access areas included;

(viii) The provision of lighting for the safety and security of open space users. Lighting must be designed to avoid the creation of excessive light spillage that could cause a nuisance to adjacent residents;

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

(x) An indigenous and/or drought tolerant planting theme;

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

(f) Tree protection measures for trees to be retained;

(g) Details of all retaining walls proposed, having regard to the submitted Arborist report;

(h) Details of all permanent fences to be erected along all boundaries at the extent of the subdivision.

With the prior written consent of the Responsible Authority plans may be submitted and approved for individual Stages of the development prior to the commencement of each Stage. NOTE:

The selection of species for the landscape plan must have regard to the Banyule City Council Street Tree Strategy.

Tree planting material and installation requirements must meet the minimum standards and specifications of Council’s Parks and Buildings Department.

Roadworks and Civil works Plan

5. Unless otherwise agreed in writing by the Responsible Authority, the development permitted by this permit may not be commenced until a detailed road works and drainage civil works plans with specifications must be submitted to and approved by the Responsible Authority. Such plans must include:

(a) Fully sealed asphalt pavements with SM2kerb and channel on both sides of carriageway and concrete vehicular crossings for each allotment where

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appropriate. A pavement design must be considerate of subgrade conditions and sub-grade improvements may be warranted. Minimum pavement depth is to be 260mm.

(b) All 5.5m wide roadways as indicated on the advertised plans designed to cater for 12 metre long refuse and drain vacuum trucks;

(c) A concrete footpath of 1.5 metres in width and maximum cross-fall 1:40 is to be provided on at least one side of all roads.

(d) Fencing or bollards and a concrete footpaths to the Public Open Space reserve as detailed in Condition 10(e);

(e) Kerb and channel with the use of 600mm wide SM2 Rollover kerb;

(f) Surface and underground drains including;

(g) Pit and pipe layout, long sections, pit schedules and drainage computations

(h) Details of GPT’s including sizing calculations and future maintenance regime

(i) 100 year storm overland flow paths

(j) Underground conduits for water, gas, electricity and telephone;

(k) Appropriate intersection and traffic measures;

(l) Street lighting in accordance with Australian Standards (with electrical supply plan and lighting layout plan);

(m) Street signage and line marking;

(n) High stability permanent survey marks;

(o) The location of street trees;

(p) Earthworks and fill with a compacted depth greater than 150mm.

The details of the road works and drainage plan may be varied with the consent of the Responsible Authority. With the prior written consent of the Responsible Authority plans may be submitted and approved for individual Stages of the development prior to the commencement of each Stage.

TREE PROTECTION AND REPLACEMENT

No additional tree removal or lopping

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

Underground Services 7. Any underground service installations within the calculated Tree Protection

Zone of any retained tree must be bored to a depth of at least 600mm. Any excavation within the calculated TPZ of a retained tree required for the connection of services must be:

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

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

Tree Protection Measures

8. Unless otherwise agreed in writing by the Responsible Authority, prior to the commencement of works (including vegetation clearance) on the site Tree Preservation Zones must be established around the trees nominated as being retained on the site. You must contact Council’s Development Planning Arborist on 9457 9878 once the Tree Preservation Fencing is erected so that an inspection of the fencing can be carried out. Once installed and inspected the Tree Preservation Zones must be maintained to the satisfaction of the Responsible Authority, and meet the following requirements:

(a) Extent

Tree Preservation Zones shall be provided in the following locations:

(i) Trees 1, 2,13 ,17, 18, 19, 21, 24, 27, 28, 29, 34-46, 52, and 53: to

the extent of the calculated Tree Protection Zone (TPZ) where it occurs within the subject site;

(ii) Trees 10 and 48: to the extent of the calculated Tree Protection

Zone (TPZ) where it occurs within the nature strip.

(iii) The fencing can be realigned and suitable ground protection

provided to allow the approved construction therein only to the satisfaction of the project arborist and only when approved by the Responsible Authority

(b) Duration

Tree Preservation Zones shall be established prior to the commencement of works on the site. Unless otherwise agreed or required in writing by the Responsible Authority the Zones shall remain in place until development of the Stage within which they are located has been completed, inclusive of all construction and earthworks, but exclusive of planting.

(c) Weed control

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

(d) Fencing

(i) Vegetation Preservation fences with a minimum height of 1.2 to 1.5 metres and of chain mesh or like fence with 1.8 metre posts (e.g. treated pine) or like support every 3-4 metres and a top line of high visibility plastic hazard tape must be erected around the perimeter of the zone.

(ii) The posts must be strong enough to sustain knocks from on site excavation equipment.

(iii) The fences must not be removed or relocated without the prior

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consent of the Responsible Authority.

(e) Signage

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

(f) Irrigation

The area must be irrigated during the summer months with 1 litre of clean water for every 1 cm of trunk girth measured at the soil / trunk interface on a weekly basis.

(g) Access to Tree Preservation Zone

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

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

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

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

NOTE:

Requests for consent of the Responsible Authority (City of Banyule) pursuant to this Condition should be directed to Council’s Arborist – Development Planning on 9457 9878. Consent for the conduct of works within the Tree Protection Zone, where granted, may be subject to conditions. Such conditions may include a requirement that:

Any underground service installations within the Tree Protection Zone be bored to a depth of 1.5 metres;

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

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

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

Street Trees 9. Trees 6, 9, 12, 14, 47, 49, and 50 are each to be removed and replaced with an

advanced tree sourced from a qualified tree grower. Each specimen is then to be maintained (including, but not limited to, mulching, weeding, watering, and pruning maintenance) for a minimum of two years by suitably qualified specialists, to the satisfaction of the Responsible Authority. All works are to be undertaken at the cost of the applicant. Prior to the authorised removal of a street tree, the applicant must contact the Parks Department on 9490 4415 to

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confirm the following: (a) The species which is to be planted;

(b) The pot size of the specimen to be planted;

(c) The frequency of watering and weeding;

(d) The depth of the mulch and the mulch material to be used; and,

(e) Other requirements as deemed necessary.

10. The additional Street Tree Planting required by Condition 6(b) are to be an advanced tree sourced from a qualified tree grower. Each specimen is then to be maintained (including, but not limited to, mulching, weeding, watering, and pruning maintenance) for a minimum of two years by suitably qualified specialists, to the satisfaction of the Responsible Authority. All works are to be undertaken at the cost of the applicant. Prior to the planting of street trees, the applicant must contact the parks department on 9490 4415 to confirm the following: (a) The species which is to be planted;

(b) The pot size of the specimen to be planted;

(c) The frequency of watering and weeding;

(d) The depth of the mulch and the mulch material to be used; and,

(e) Other requirements as deemed necessary.

DURING CONSTRUCTION

11. Unless otherwise agreed in writing, prior to the commencement of the development hereby approved, a detailed Construction Management Plan must be submitted to and approved by the Responsible Authority. The plan must provide for:

(a) An Environmental Management Plan (which must include measures to be taken to minimise the waste generated during construction of the building and any recycling of materials);

(b) An operational site management plan;

(c) A Site Access and Delivery Management Plan;

(d) An Asset Protection Plan;

(e) A Site Security Plan;

(f) A Construction Phase Parking Plan that addresses parking and traffic arrangements associated with construction vehicles

Once approved, this management plan will be endorsed to be read in conjunction with all other endorsed documents and must be adhered to by the owner(s), permit holder(s) and operator(s) at all times unless otherwise approved by the Responsible Authority.

PRIOR TO OCCUPATION

12. Unless otherwise agreed in writing by the Responsible Authority the proposed

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dwelling(s) permitted by this permit must not be occupied until the development the Stage within it is located has been completed to the satisfaction of the Responsible Authority in accordance with the permit and endorsed plans (including, but not limited to built form and layout, parking, landscaping, drainage, street numbering, replacement of street trees).

ONGOING REQUIREMENTS

Amenity

13. Outdoor lighting must be designed, baffled and located to the satisfaction of the Responsible Authority such that no direct light is emitted outside the boundaries of the subject land.

Urban Design / External Appearance

14. The walls of the development on the boundary of adjoining properties and proposed allotments must be cleaned and finished in a manner to the satisfaction of the Responsible Authority.

Car Parking / Access

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

16. Areas set aside for the parking and movement of vehicles as shown on the

endorsed plan(s) must be made available for such use and must not be used for any other purpose.

17. Vehicular access or egress to the subject land from any roadway or service

lane must be by way of a vehicle crossing constructed in accordance with Council’s Vehicle Crossing Specifications to suit the proposed driveway(s) and the vehicles that will use the crossing(s). The location, design and construction of the vehicle crossing(s) must be approved by the Responsible Authority. Any existing unused crossing(s) must be removed and replaced with concrete kerb, channel and naturestrip to the satisfaction of the Council prior to occupation of the building. All vehicle crossing works are to be carried out with Council Supervision under a Memorandum of Consent for Works which must be obtained prior to commencement of works.

Tree Protection / Landscaping

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

19. Except with the further written consent of the Responsible Authority, no

vegetation (other than that indicated on the endorsed plan, or exempt from planning permission under the provisions of the Banyule Planning Scheme)

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shall be damaged, removed, destroyed or lopped.

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

Rubbish Collection

21. No receptacles for any form of rubbish or refuse (other than public waste bins) may be placed or allowed to remain in view from a public road or thoroughfare and odour must not be emitted from any such receptacle(s) so as to cause offence to any person(s) outside the subject land.

TIME LIMITS

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

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

(b) The development is not completed within five years of the date of this permit;

The Responsible Authority may extend the permit if a request is made in writing in accordance with, and within the timeframes specified, in Section 69 of Planning and Environment Act 1987.

PERMIT NOTES

A. Expiry of Permit

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

B. Additional approvals required

Building Permit Required

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

No structure (including but not limited to sheds, retaining walls, eaves, water tanks, paving and landings) shall be built over any easement on the subject land except with the consent of the relevant Responsible Authority. Access to Council Reserve

No permission can be granted either temporary or otherwise by Council and/or its employees with respect to access to the adjacent Council owned land

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(including the road reserve) for any purposes relating to the proposal (eg. parking of surplus vehicles, delivery of materials etc.), without application being made for the requisite permit (ie. Local Law Permit). Supervision of works undertaken on Council Assets

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

reserve; and/or

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

Asset Inspection Fee

Prior to the commencement of building works on site in accordance with Local Law 1, a non-refundable Asset Inspection Fee is payable to Council for the inspection of existing Council assets. For further information in relation to this process and the relevant fee please contact Council’s Construction Department on 9490 4222. Removal of Street Tree

For the required process and any information concerning the removal of a street tree, enquiries should be directed to Banyule Tree Care Department.

C. During construction

Building Site Code of Practice

All construction works must comply with the requirements of the ‘Building Site Code of Practice – Banyule City Council’. A copy of the Code is available on the Banyule City Council website or at Council Service Centres.

E. Action on/for completion

Completion of Development

Immediately upon completion of the development permitted by this permit, the owner or developer of the subject land must notify Council’s Development Planning Section that the development is complete and complies with all requirements of the permit. The development will then be inspected to ensure compliance. An early inspection process will ensure that the subdivision approvals including the Statement of Compliance can be issued without delay. Street Numbering

Please note that property addresses are allocated by Council. This is usually formalised at the time of the issue of a certified plan.

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Planning Permit Application: P1461/2014

Development Planner: Andrea Meagher

Address: 229 and 229A Banksia Street, Ivanhoe

Proposal: Multi dwelling development - Buildings and Works associated with the development of the site for 81 Dwellings and the erecting of a fence pursuant to Clause 32.07.

Existing Use/Development: Predominately vacant with some remnant school structures

Applicant: Stockland

Zoning: Residential Growth Zone

Overlays: N/A

Notification (Advertising): Notice in newspaper Three signs on site Notices to surrounding properties

Objections Received: Five (5)

Ward: Olympia

The proposal incorporates the construction of 81 dwellings, with variations of six different dwelling designs utilised across the site. The following bedroom and parking configurations are provided in Table 1 below: Table 1: Dwelling types

No. of Bedrooms

Car parking provision

Single garage (1 car space)

Single garage, tandem space (2 car spaces)

Double garage (2 car spaces)

Double garage, tandem space (3 car spaces)

2 14 - - -

3 - 23 5 10

4 - 16

13

A total site coverage of 51% is proposed, with dwellings having floor areas which range from 53 m2 to 128 m2, and secluded private open space areas that range from 8m2 balconies through to ground level spaces of 177 m2. A total of 165 dedicated car spaces have been provided including 17 visitor car spaces provided within the proposed road reserves. An additional 23 car spaces can also be accommodated in a tandem arrangement where a double garage is proposed (with the exception of Dwellings 32-33 & Dwellings 72-76). Hoop style bicycle racks will be provided in eight locations throughout the site. The proposed public open space (“pocket park”) is located in the north-west corner of the site, adjacent to the existing shops fronting on to Banksia Street. The proposed pocket park will be accessible from Banksia Street as well as from internal pathways located across the site. No plans have been submitted showing how the pocket park

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will be developed, however it is envisaged that it will contain pathways, a lawn area, tree planting, seating and public art. Access to the majority of dwellings will be provided by way of a proposed internal local road network. The proposed internal road will service a total of 45 dwellings, with five of these having their primary pedestrian access (i.e. front door) facing a proposed landscaped reserve. Two proposed laneways (minimum carriageway width of 3.5m) will provide access to six dwellings. The balance of dwellings will be arranged to face the existing roadways, with eleven having frontage to Jellicoe Street, six to Wadham Road and 14 to Banksia Street. Detailed plans are contained in Attachment 1 to this report.



BACKGROUND/HISTORY

The subject site was formerly used and developed as the Bellfield Primary School. The site was purchased by Council in November 2013 following closure of the school by the State Government. All previously existing buildings and structures were removed from the site with the exception of the existing gymnasium which is to be demolished. In July 2014 Council agreed to commence the statutory procedures to sell the subject site under a Public Tender process. As reported to council at its meeting on 10 November 2014, following the Request for Tender process for the sale of the site, amongst other things, it was stated that:

The successful purchaser of the Ivanhoe site is Stockland Developments Pty Ltd (“Stockland”).

Development on the site will be subject to a future planning permit application and will be required to adhere to the requirements set out in Council’s Development Guidelines for the site.

The concept proposal shows 79 homes, predominately two-storey with some three-storey homes along Banksia Street which is consistent with Council’s Development Guidelines of 80-140 homes.

It is expected that a future refined planning application will be generally in accordance with the current proposal and development guidelines.

Community information sessions are proposed to explain the concept before a planning application is lodged.

A planning application is anticipated to be lodged in late 2014 or early 2015.

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Council is continuing to advocate for an education site at 230 Banksia Street, Bellfield to the State Government and Opposition until the conclusion of the state election on 29 November 2014.

The planning application was lodged by Stockland in December 2014.

SUBJECT SITE AND SURROUNDING AREA

The subject site’s size, at 1.95 hectares, is indicative of its former use as a primary school. The site is made up by two separate titles, described as Lot 14 and Lot 15 on Plan of Subdivision 041456. Lot 14 is encumbered by a 1.83m wide drainage easement. There are no covenants or other restrictions affecting the subject site.

Figure 1: Locality plan The site has three street frontages, and abuts ten properties, as follows: Northern boundary: 117.26m frontage to Banksia Street. The Bellfield local

shopping centre is located to the west of the site. Directly north of the subject site is the former Banksia LaTrobe Secondary College which is now Council owned land. Existing dwellings to the west (east side of Wadham Road) are generally single storey with hipped or gabled roof forms. The central median strip in Banksia Street contains a number of trees which contribute significantly to the character of Banksia Street. On the site, the existing large trees (particularly in the north eastern portion of the site) also contribute to the treed character of the area.

Eastern boundary: The site has a frontage of 149.68m to Wadham Road.

Properties opposite are predominately single storey detached

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postwar weatherboard and brick dwellings with hipped or gabled roof forms.

On the site, the existing large trees (particularly on the eastern portion of the site) contribute to the treed character of the area.

Southern boundary: The site has a frontage of 100.69m to Jellicoe Street.

Properties opposite are varied in character, including single and double storey forms in a variety of architectural styles.

Western boundary: The site abuts eight residential properties that front onto

Banksia Street, Oriel Road and Jellicoe Street. The majority of these sites are developed with single storey detached dwellings with well-established front gardens. The rear private open spaces (which abut the subject site) vary in size, with two of the sites having a markedly more garden character than the other. Other abuttals to the site include the shops located on Banksia Street and the Metropolitan Ambulance Service which occupies a site at 88 Oriel Road.

PUBLIC NOTIFICATION AND CONSULTATION

There was significant public notification and consultation surrounding Council’s purchase and sale of the site, including:

Direct mail to over 347 local property owners and residents on 7 occasions since November 2013;

Two Community information sessions in April 2014 and another two in December 2014, prior to the planning application being lodged.

Project updates in the Olympia Ward newsletters and Banyule Banner, most recently September/October 2014 (distributed municipality-wide);

A dedicated page on Council’s website giving details and updates on the process;

Two drop-in sessions during public notification of the planning application (in excess of 300 invitations sent).

The planning application was advertised by means of erecting three signs on the site, a notice in the Heidelberg Leader, and notices to the owners and occupiers of abutting and surrounding properties. A total of five objections have been received in response to public notification, with grounds of objection summarised as follows:

Traffic, Roads and Infrastructure

The development will negatively impact on the other residential streets that are already pressure from staff at the Austin Health parking in local residential streets;

The 11 new crossovers in Jellicoe Street will reduce the available on-street car parking;

The proposal does not have enough car spaces provided on site;

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The Traffic report did not include reference to the impact of the proposed Insignia Development and the Blue Cross Nursing Home;

Increased stormwater runoff due to increase in paved surfaces will put pressure on existing drainage system.

Trees and landscaping

Inadequate backyard space and communal space;

The value of trees will be negated by the amount of concrete proposed;

Too many trees are proposed to be removed;

Loss of neighbourhood character and bird habitat due to loss of trees;

The proposal will make a dramatic change to the local neighbourhood and landscape, and the impact should be softened as much as possible; and

New trees will take years to provide the same aesthetic value as established trees, and there should be a mixture of both in the development.

Style and extent of development

The 2.0m high fence spanning the length of Banksia Street is out of character with the area and should be replaced with a fencing style that promotes surveillance and reduces visual bulk;

The attached nature of the dwellings is not in keeping with the traditional housing style found in the area;

Three storey dwellings setback 2.4m from Banksia Street is a significant departure from the surrounding built form.

A three storey dwelling abutting the proposed ‘pocket park’ is imposing.

REFERRAL COMMENTS

Details of internal and external referral comments are contained in Attachment 2 to this report, however in summary:

Council’s Engineering Services Unit considers the proposed roadway layout and parking provision to be acceptable;

Council’s Development Planning Arborist considers the proposed tree retention to be practical, subject to some modification to the design and appropriate protection during construction. Similarly, removal and replacement of low retention-value trees is supported.

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PLANNING CONTROLS

The site is located within a Residential Growth Zone, within which the Neighbourhood Character Policy does not apply. Council has also prepared specific Development Guidelines for the site. Details are contained in Attachment 2 of this report.

Control Permit triggered?

Residential Growth Zone - Schedule 2 Yes Clause 52.06: Car parking No Clause 52.17: Native Vegetation No Clause 52.36: Integrated public transport planning No (requires PTV referral)


The site’s size, proximity to services and zoning identify it as being suited to multi dwelling development. A detailed assessment of the proposal against the provisions of ResCode as they relate to multi dwelling development (Clause 55) is included in Attachment 3. However, the key issues which arise from these assessments are as follows:

The impact of the proposal upon surrounding roadways with respect to traffic and parking;

The tree removal proposed in association with the development;

The proposed dwelling style and layout in particular the three storey dwellings proposed on Banksia Street and the attached nature of dwellings on Jellicoe Street;

The level of amenity afforded to existing and proposed dwellings. An assessment of the proposal against Council’s Development Guidelines for the site is also included in the attachment, with the proposal meeting the requirements. CAR PARKING AND TRAFFIC The proposal will result in an increase in traffic relative to the existing situation, however it is noted that the previous use as a primary school also generated both traffic movement and parking demand in the local area. Council’s Traffic Engineers have advised that the level of traffic generated by the proposal in both the adjoining streets and in the broader area, is acceptable, and within the capacity of those roads. It is also considered that the proposal provides appropriate parking opportunities for residents and visitors generally. However minor modifications can be carried out which would improve the availability of on-street parking surrounding the development. Details of the initial comments of Council’s Traffic Engineers with respect to this proposal are contained in Attachment 2, however following discussions in relation to the impact of other required changes (as detailed below and in the attached Clause 55 assessment) and upon trees, the following modifications are considered to be appropriate:

The provision of double vehicular crossings, in lieu of the proposed pairs of single, narrowly spaced crossings, for Dwellings 2-9;

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The visitor parking space located adjacent to Dwelling 53 be relocated a more appropriate location within the estate and replaced with a landscape strip, including tree planting.

The proposed internal roadways are of appropriate width to service the development, and would appear to allow access by Council refuse collection vehicles if and as required, which would potentially allow for the roadways to become Council roads, rather than being designated as common property. Additional details are required prior to construction, however. Details of any proposed staging of the development, and the level of roadway and associated construction required for each Stage should also be sought by permit condition. TREE REMOVAL, RETENTION AND REPLANTING The submitted Arboricultural Report assessed 61 individual trees of which 37 were located on the subject site, 9 trees were located within the road reserves adjacent to southern and eastern boundaries of the site and 15 were located within the neighbouring properties. The proposal incorporates the removal of twenty five (25) trees from the site and seven (7) from the Banksia, Jellicoe and Wadham Road nature strips. A total of eleven (11) trees are intended to be retained on site, as well as two (2) street trees. Details of the quality of existing trees on and abutting the site are as follows:

Retention value Trees to be retained Trees to be removed

High (8) 1, 2, 18, 19, 24, 27, 52 and 53

Moderate (6) 13, 17 and 21 4, 11

Low (47) 28, 29, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45 and 46 (neighbouring trees) 10 & 48 (naturestrip trees)

3, 5, 6, 7, 8, 9, 12, 14, 15, 16, 20, 22, 23, 25, 26, 30, 31, 32, 33, 47, 49, 50, 51, 54, 55, 56, 57, 58, 59, 60 and 61 (7 of which are naturestrip trees)

A planning permit is not required for removal of trees from this site. Despite this, the extent of tree retention contributes to neighbourhood character and is a relevant consideration for a development of this size. Council’s Development Planning Arborist has reviewed the proposal and the arboricultural comments received, and details are contained in Attachment 2. With some recommended design modification, the eight high value trees and three of the moderate valued trees can be retained on the site. Council’s arborist has recommended that Tree 4 (River Red Gum) and Tree 11 (Spotted Gum) should be retained. Both trees are of moderate retention value. The applicant has indicated that it is impractical in this instance to design around the trees without the removal of two dwellings on Wadham Road. In addition, the removal of these trees has already been accepted ‘in principle’ by the design guidelines for the site due to their moderate retention value and on the basis that the outcome will include the retention of all higher retention value trees. Adequate space for the loss of these trees has been made within the front/side setback areas associated with Dwellings 58 and 63 which both front onto Wadham Road. In summary, the extent of tree retention is in accordance with the Development Guidelines for the site.

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The removal of identified low value site and naturestrip trees is considered appropriate subject to suitable replacement planting. Areas across the site have been identified for replacement planting. There are two private open spaces areas (Dwellings 34 & 57) suitable for the planting of large trees, eight (Dwellings 1, 11, 17 or 18, 25 or 26, 31, 34, 43 and 63) suitable for medium trees and in excess of 30 dwellings with space suitable for small trees. The front setback areas can also accommodate tree planting. Naturestrip planting along Jellicoe Street and Wadham Road will also be required, with a minimum provision of 5 new street trees on Jellicoe Street and 6 new street trees on Wadham Road. In addition, new street tree planting will be required to the front of the Bellfield Local Shopping Area facing Banksia Street delivering a consistent and coherent street planting theme. DWELLING STYLE AND LAYOUT The subject site is significantly larger than surrounding land holdings, and whilst ResCode outlines that any proposed development should respect the existing neighbourhood character or contribute to a preferred neighbourhood character, the size of the allotment means that the latter is more applicable. The Residential Growth Zone also differs from other Residential Zones, in that its purposes emphasise redevelopment and increased dwelling density, rather than neighbourhood character. In this context, it is noted that:

The proposal will largely set its own character, and the use of triple and double storey built form is appropriate in this setting.

There are existing examples of attached built form in the wider area.

The use of flat roof forms to the majority of dwellings is uncommon in the area, however there are some examples of similar approaches within the immediate area, and it is considered that the proposal will lead to a change in the character of the surrounding area over time. This is considered to be acceptable given the size and accessible nature of the site and its location opposite an area of significant redevelopment as part of the State Government’s Plan Melbourne policy.

The ability to provide appropriate vegetation on the site will be a key component of its success in neighbourhood character terms in the longer-term. The additional planting, as detailed above, will improve this aspect of the proposal, and when combined with the proposed tree retention and space for planting, will ensure that the site contributes positively to the landscape character of the area on an ongoing basis.

It is considered, however, that the following matters should be addressed by means of permit condition:

A reduction in the height of the proposed fence on Banksia Street and submission of an improved design outcome;

Increase front setbacks for dwellings fronting onto Wadham and Jellicoe Street

Incorporation upper storey recession to break up the continuous built form proposed on Jellicoe Street;

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AMENITY CONSIDERATIONS The proposal meets relevant ResCode Objectives and Standards with respect to the amenity of surrounding properties. The site’s configuration means that there are few adjoining properties potentially affected by overlooking or overshadowing from the proposal. It is considered that the layout of the proposal and use of appropriate window treatments ensures that the privacy of each of the adjoining properties is appropriately protected. The layout of the site and design of the proposal also ensures that there will not be unacceptable levels of shade cast to the adjoining properties. CONCLUSION

The proposal for redevelopment of the former Bellfield Primary School complies with relevant State and Local planning Policies, including ResCode and the Development Guidelines for the site. It is considered that the proposal is largely an appropriate response for the site and surroundings. Pedestrian and vehicular movement through the site is resolved appropriately, and the provision of the pocket park is appropriate. Whilst the proposal incorporates the retention of a number of trees from the site, and space for some re-planting, it is considered there is opportunity for modifications to provide greater protection for trees marked for retention. It is recommended that the application be approved, subject to the recommended conditions:

ATTACHMENTS

No. Title Page

1 Attachment 1 173

2 Attachment 2 237

3 Attachment 3 247

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4.4 FOOD AND BEVERAGE GROWTH PLAN - MELBOURNE'S NORTH

Author: Joseph Tabacco - Manager Property & Economic Development, City

Development

File: F2015/167

EXECUTIVE SUMMARY

Funded through the Northern Melbourne Regional Development Australia Committee and coordinated through NORTH Link, the Food and Beverage Growth Plan (Plan) has been developed providing a strategic road map for the continued growth of the food and beverage sector across seven northern region councils. Contributing over six-hundred jobs in Banyule alone, the food and beverage sector is considered a regional competitive advantage. Underpinned by a strategic growth strategy, the Plan articulates the challenges and opportunities faced by food and beverage related businesses with a particular emphasis on market research, strategic targeting of new markets and the development of new products. The Plan examines the critical success factors and actions that can grow the sector from a turnover of $2.6 billion to $5 billion over the next 10 years, creating an additional 7,000 jobs in the process. Critical to the implementation of this Plan, Council’s endorsement is now required to unilaterally position the region to leverage future State and Commonwealth funding opportunities to implement actions within the Plan.

RECOMMENDATION

That Council endorse the Food and Beverage Growth Plan – Melbourne’s North.



CITY PLAN

This report is in line with Council’s City Plan key direction to “strengthen local activity and employment areas”.

BACKGROUND

NORTH Link, of which Banyule City Council is currently a member, is a regional partnership of industry, education and government established in 1995. As a business network and regional economic development advocacy group representing Melbourne’s northern region, NORTH Link represents the cities of Banyule, Darebin, Hume, Moreland, Whittlesea and Yarra.

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FOOD AND BEVERAGE GROWTH PLAN - MELBOURNE'S NORTH cont’d


The organisation aims of NORTH Link are to ensure that Melbourne’s north achieves sustainable Gross Domestic Product (GDP) growth at least equal to that of the rest of Melbourne and Australia. To achieve this, NORTH Link was established to provide:

Sustainable regional economic growth and employment

Regional advocacy for infrastructure and investment attraction

Regional marketing and promotional materials and activities

Regional economic and industry research

Assistance to industry to improve business productivity and exporting capability

There are many examples and testaments to activities where the region has successfully supported other regional stakeholders and organisations which include but is not limited to: 1. the re-location of the Melbourne Wholesale Market to Epping 2. the establishment of the AgriBio Sciences Centre at La Trobe 3. the establishment of an Aviation Training Academy at Melbourne Airport 4. the publication of regional research such as “Melbourne’s North; the new

knowledge economy” 5. presentation of “Export Expos” highlighting the export achievement of

businesses in Melbourne’s north 6. the presentation of the Northern Business Achievement Awards (NBAA) to

recognise regional business excellence and others. The development of the ‘Food and Beverage Growth Plan’ (refer attachment 1) is a recent example of a regionally significant collaborative exercise coordinated through NORTH Link.

CURRENT SITUATION

Melbourne’s North is now transitioning from a manufacturing hub towards a knowledge economy region, in which high‐tech manufacturing has been retained and research hubs are being developed. In support of this, funding was secured through the Northern Melbourne Regional Development Australia Committee for the preparation of a ‘Food and Beverage Growth Plan’ (refer attachment 1). The preparation of the plan also involved the collaboration of key partners:

NORTH Link (and its members)

Australian Government Department of Employment

Department of State Development, Business and Innovation – Bundoora Office (now known as Department of Economic Development, Jobs, Transport and Resources)

La Trobe University, and

RMIT University A food and beverage manufacturing hub in Melbourne’s North has been identified as a significant opportunity for Victoria as the industry cluster continues to rapidly develop. In preparing the ‘Food and Beverage Growth Plan’, research established that:

“From a long‐term and strategic perspective there are issues such as the importance of food security, growing demand for food products in the Asia Pacific and increasing

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opportunities (as wealth and populations grow) for value adding to food products. Food safety is important and the ability to provide safe and uncontaminated processed foods is vital for future export opportunities.” To leverage the opportunities identified through the research and to shape the strategic positioning and aspiration of the region, as a means of building on the northern region’s competitive advantages the Plan primarily focuses on growing jobs and investment through four key intents: 1. Grow Industry Connection and Capability

Establish an industry‐owned representative organisation to: a. Connect the industry to share knowledge b. Build capability to achieve business growth c. Elevate industry professionalism d. Develop new markets and channels e. Leverage growing global demand.

2. Drive Innovation and Product Differentiation

Facilitate the formation of an innovation cluster that assists industry to: a. Develop differentiated premium products b. Leverage new technology c. Improve systems and processes d. Streamline supply chains e. Conduct research to ensure businesses are guided by market signals

3. Address Skills Development and Labour Availability

Establish a skills cluster to:

a. Up‐skill permanent staff b. Create pathways to further education for workers c. Create pathways to employment for students d. Grow managerial capacity e. Look at ways to improve access to trained casual staff.

4. Position Melbourne’s North as a Food and Beverage Hub Actively promote the region’s food and beverage sector: a. Develop an investment prospectus b. Facilitate development of a processing/ warehousing precinct c. Establish a regional trade brand d. Strengthen industry’s voice via advocacy e. Encourage regional food tourism.

Following municipal partner acceptance of the plan, it is envisaged that a series of working groups are established to drive each of the four key intents relative to available State and Commonwealth funding streams.


Whilst there are no funding implications specifically associated with this report, the acceptance of the ‘Food and Beverage Growth Plan’ enables NORTH Link and Banyule Council the ability to leverage future Commonwealth and State funding opportunities.

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DISCUSSION

The ‘Food and Beverage Growth Plan’ quotes: “Melbourne’s North leads the state in production of food categories such as Bakery, Confectionery, Dairy, Seafood and Meat. It is home to an eclectic mix of artisan businesses including boutique micro‐breweries, premium chocolate makers, coffee roasters and gourmet food distribution companies as well as multinational food and beverage manufacturers such as Mission Foods, Baxters and Nestlé. The ethnic diversity of food produced is reflective of the region’s multicultural heritage and part of its identity. The defining characteristic of the food industry in Melbourne’s North is that it predominantly comprises small and medium sized enterprises (SMEs). While this presents challenges, it also offers long‐term economic growth potential. The diversity of the sector and its niche markets gives it a degree of protection from the fiercely competitive globalised food market. This is an important point of competitive advantage.” At a local level, in the period 2011-12, Banyule based food and beverage firms contribute a combined business value added operation of approximately $42 million. During the period 2009 to 2014, the total number of local jobs attributed to the food and beverage sector increased by 9.3% to 611 (refer table 1).

BANYULE 2009 2014 Trend %

Meat and Meat Product Manufacturing 7 7 0

Seafood Processing 0 0 0

Dairy and Dairy Product Manufacturing 12 15 25

Fruit and Vegetable Processing 4 7 75

Oil and Fat Manufacturing 12 32 167

Grain Mill and Cereal Product Manufacturing 3 2 -33

Bakery Product Manufacturing 420 432 3

Sugar and Confectionery Manufacturing 86 95 11

Other Food Product Manufacturing 2 7 250

Beverage Manufacturing 13 14 8

559 611 9.3% Table 1: Industry employment and 5 year trend

Based on estimated business counts, approximately 30 businesses based in Banyule are currently classified as food and beverage related. Household names including Chocolatier Australia, Sweet By Nature and Kooinda Brewery all operate from within the Banyule municipality. The total turnover value of the food and beverage sector in Melbourne’s North is currently estimated to be approximately $2.6 billion. The Plan seeks to grow the sector to turnover $5 billion over the next 10 years and create an additional 7,000 jobs in the process.

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CONCLUSION

The ‘Food and Beverage Growth Plan’ thoroughly and comprehensively identifies the food and beverage sector as an important growth industry for Melbourne’s North. As an existing regional competitive advantage, the Plan now provides a further strategic framework from which to consolidate regional activities that seek to sustainably expand food and beverage operations and therefore employment generation. Council’s acceptance and endorsement of the ‘Food and Beverage Growth Plan’ will enable the pursuit of strategic actions and further strengthen future funding applications to the State and Commonwealth Government.

ATTACHMENTS

No. Title Page

1 Melbourne's North Food and Beverage Growth Plan 256

5.1

Participation – Community Involvement in Community Life


5.1 MUNICIPAL ASSOCIATION OF VICTORIA (MAV) - STATE COUNCIL MOTIONS 2015

Author: Cindy Ho - Governance Officer, Corporate Services

File: F2014/3943

EXECUTIVE SUMMARY

The Municipal Association of Victoria (MAV) is holding its State Council Meeting on 15 May 2015. Councils are encouraged to submit motions to the State Council Meeting for voting on by other member councils. Any motions submitted must be approved by Council and submitted by 17 April 2015. The MAV holds two State Council Meetings per year. The meetings are an opportunity for Councils to put on the agenda issues of common interest and importance to all Victorian Councils. The MAV then advocates on behalf of Local Government in relation to these matters. This report proposes that Banyule submits the following motions to the MAV for inclusion on the agenda of the May State Council Meeting relating to the:

Review of Statutory Requirements for Council Plan,

Review of Planning and Environment Fees,

The Victorian Auditor General’s Report on The Effectiveness of Support for Local Government.

A group of MAV Eastern Metro Representative Councils, of which Banyule is a representative council, have taken a regional approach to sharing and developing motions for the upcoming State Council meeting. In addition to the Banyule motions, this report considers supporting and endorsing other council’s motions. The regional motions that are being put forward for support by the Eastern Metropolitan Councils, and require endorsement include:

Review of Statutory Requirements for Council Plan (Banyule)

Rate Capping Framework For Local Government (Manningham)

Funding for School Focussed Youth Service Program (Manningham)

Ongoing Funding For Universal Access To Early Education (Manningham)

Council Liability- VCAT Planning Decisions (Maroondah)

Municipal Development Contribution Plan (Maroondah)

Census (Maroondah)

Library Funding(Maroondah)

Social and affordable housing across the Region (Whitehorse)

RECOMMENDATION

1. That Council adopt the following motions for submission to the MAV State Council Meeting to be held on 15 May 2015:

(a) Review of Planning and Environment Fees

‘That the Municipal Association of Victoria seeks a State Government review of the Planning and Environment Fees to ensure they better reflect the cost of delivering statutory planning services and addresses a failure to increase fees

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MUNICIPAL ASSOCIATION OF VICTORIA (MAV) - STATE COUNCIL MOTIONS 2015 cont’d


since 2007.’

(b) The Victorian Auditor General’s Report on The Effectiveness of Support for Local Government

‘That the Municipal Association of Victoria continue to work proactively to implement the recommendations that apply directly to them from the Victorian Auditor General’s report on the “Effectiveness of Support for Local Government” and keep members informed of the progress being made to implement the recommendations of the report.’

2. That Council adopt the following motion and seek endorsement from the Eastern

Group of Councils for submission to the MAV State Council Meeting to be held on 15 May 2015:

Review of Statutory Requirements for Council Plan

‘That the Municipal Association of Victoria advocates to the State Government seeking a review of the current requirement for Councils to develop and adopt a four year Council Plan within 6 months of a General Election or by 30 June, whichever is the later. Any review of the Council Plan provisions should be done in consultation with Local Government and as a minimum should take into account the need for a reasonable period of time, at least one year, for a newly elected Council to be inducted, consult with the community, and to then set the strategic direction for the Council.’

3. That Council endorse the following further regional motions for submission to the MAV State Council Meeting to be held on 15 May 2015:

Submitted by Manningham: a) Rate Capping Framework For Local Government That the MAV take into account the following when advocating to the State

Government on the development of the rate capping framework by the Essential Services Commission.

That the Sector Panel overseeing development of the Framework:

1. seek and consider submissions from independent experts on the economic and social impact of any proposed rate capping framework, prior to adoption;

2. fully assess the impact of long term cost shifting from both State and Federal governments and provide options to offset the financial impact of future changes to coincide with the introduction of the framework.

3. seek additional time to enable local government to fully participate in the development of the framework and to prepare for implementation.

4. consider embedding sufficient flexibility in the framework to enable it to be implemented in each council in a manner which responds to particular local needs and demands.

b) Funding for School Focused Youth Service Program That the MAV State Council write to the State Minister for Education

advocating for further three year program funding to be provided which will enable the Statewide School Focused Youth Service program to continue

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to be implemented across schools and communities beyond December 2015.

c) Ongoing Funding For Universal Access To Early Education That the MAV continue to advocate to the State and Federal Governments

continue the funding of the Universal Access to Early Childhood Education Program (15 Hours of Kindergarten).

Submitted by Maroondah City Council d) Council Liability- VCAT Planning Decisions

That the Municipal Association of Victoria State Council calls on the state government to ensure:-

1. That VCAT take responsibility for the defence of litigation against planning determinations made by VCAT; and

2. The impost of the current cost to Victorian local government in defending such litigation is lifted from the sector.

e) Municipal Development Contribution Plan That the Municipal Association of Victoria State Council calls on the state

government to provide a clear process to enable municipalities to introduce a development contribution plan on a municipal wide basis.

f) Census That the Municipal Association of Victoria State Council calls on the

Federal government to reject the Australian Bureau of Statics (ABS) request to amend the census and statistics act to alter the frequency that the ABC is required to conduct a census from every 5 years to every 10 years.

g) Library Funding That the Municipal Association of Victoria State Council further continue to

press and lobby the state government for an improved recurrent and capital library funding, including an urgent review of the current funding mechanisms.

Submitted by Whitehorse City Council h) Social and affordable housing across the Region

That the MAV State Council:

a) Write to the State Minister for Housing, the Minister for Planning and the Minister for Community Services advocating for an increase in social and affordable housing through changes to the Planning Act.

b) Write to the State Minister for Housing, the Minister for Planning and the Minister for Community Services advocating to release surplus and under-utilised State owned land for diverse housing development and through support for innovative approaches to social housing, with a focus on the Eastern Region of Melbourne, which has the lowest rates of social housing and housing affordability across the State.

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CITY PLAN

This report is in line with Council’s City Plan key direction to “advocate on behalf of our community”.

BACKGROUND

MAV STATE COUNCIL

The MAV holds two State Council Meetings per year. The meetings are an opportunity for councils to put on the agenda issues of common interest and importance to all Victorian Councils. The MAV then advocates on behalf of Local Government in relation to these matters. Prior to the meetings the MAV encourages councils to submit motions for the agenda. The usual practice is to provide a few paragraphs of background information together with the actual motion being recommended.



DISCUSSION

There are a number of matters which Council could raise at the May State Council Meeting. On this occasion Council proposes to motion the matters as listed below: 1. REVIEW OF STATUTORY REQUIREMENTS FOR COUNCIL PLAN BACKGROUND The issue of the tight timeframes for the adoption of the Council Plan following a General Election has been raised with previous State Governments. The only legislative concession made was to bring forward by one month, from November to October (every 4 years), the holding of General Elections. However, the additional one month has not alleviated the problem faced by newly elected Councillors who are expected within a few short months to become fully cognizant of the operations of Council, its processes, legislative responsibilities, to

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adopt a Budget and Strategic Resources Plan, and to then consult with the community and lay the strategic foundations for the next 4 years through the development and adoption of a Council Plan. The enormity of this expectation is magnified where there is a significant change to the composition of a Council as a result of the General Election. It is not uncommon for Councils to have a change in up to half of its Councillors and would therefore require an extended induction period. Because of the very tight timelines, many Councillors experience a sense that their involvement and engagement in the development of the Council Plan is at best cursory, or of needing to tick a box. This should not be the case when the Council Plan is meant to be the blueprint and guiding document for the term of the Council. Given that the Minister for Local Government has indicated there will be a significant review of the Local Government Act in the near future, it is appropriate that any legislative review include consideration of realistic timeframes and process for development and adoption of the Council Plan. SUGGESTED MAV MOTION That the Municipal Association of Victoria advocates to the State Government seeking a review of the current requirement for Councils to develop and adopt a four year Council Plan within 6 months of a General Election or by 30 June, whichever is the later. Any review of the Council Plan provisions should be done in consultation with Local Government and as a minimum should take into account the need for a reasonable period of time, at least one year, for a newly elected Council to be inducted, consult with the community, and to then set the strategic direction for the Council. 2. REVIEW OF PLANNING AND ENVIRONMENT FEES BACKGROUND The Planning and Environment Fees have not been reviewed in several years with the last increase in fees effective 7 September 2009. As such, the increase in fees is falling well below Consumer Price Index for this period. In this time, Councils have experienced a substantial increase in the number of applications that it receives per financial as well as an increase in more complex application types. Additional resources are required to service an increased demand which includes the provision of additional permanent staff and the use of external contractors. The failure to review the fees to ensure that they reflect the increasing cost of delivering this service must be addressed. Additional reporting requirements are placing greater pressure on Council Planning Departments to provide an efficient service. This includes the Local Government Performance Framework Reporting (LGPFR) and the recent recognition in version 3 of the Planning Permit Activity Reporting (PPAR) that VicSmart or ‘simple’ application types must be dealt with in shorter timeframes. This will have the effect of indicating a drop in the performance of Council Planning Departments. A reluctance for the current review of the Planning and Environment Regulations to acknowledge a more appropriate timeframe for a ‘complex application’ stream and

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continued neglect in the review of fees will be damaging for Council Planning Departments. SUGGESTED MAV MOTION That the Municipal Association of Victoria seeks a State Government review of the Planning and Environment Fees to ensure they better reflect the cost of delivering statutory planning services and addresses a failure to increase fees since 2007. 3. THE VICTORIAN AUDITOR GENERAL’S REPORT ON THE EFFECTIVENESS OF

SUPPORT FOR LOCAL GOVERNMENT BACKGROUND The Victorian Auditor General’s Office (VAGO) tabled its report on the Effectiveness of Support for Local Government in the Victorian Parliament on the 26 February 2015. The audit assessed the effectiveness, efficiency and economy of the support provided to councils by Local Government Victoria (LGV) and the Municipal Association of Victoria (MAV).

The Auditor General found that neither LGV or MAV are able to "clearly demonstrate how their support activities contribute to the effective and efficient operation of Councils. Both LGV and MAV need to strengthen their focus and outcome reporting and evaluation."

Banyule City Council endorsed the findings and recommendations from the Victorian Auditor General's review into the Effectiveness of Support for Local Government, noting the concerns that have been raised by the Municipal Association of Victoria regarding the first recommendation.

Banyule City Council contributes a significant amount of rate payer funds to the MAV in membership fees. Accordingly, Council has a very strong interest in ensuring that the MAV delivers value-for-money support and advocacy service to Victorian Councils.

It is encouraging to note that the MAV has softened its initial reaction to the VAGO recommendations and has taken the opportunity to proactively examine its governance, functions and processes to ensure it can continue to deliver the high-quality advocacy and support service that Victorian Councils require. To ensure transparency, it will be important for the MAV to continue to act on, monitor and regularly report back to member councils on the implementation of the VAGO recommendations.

SUGGESTED MAV MOTION That the Municipal Association of Victoria continue to work proactively to implement the recommendations that apply directly to them from the Victorian Auditor General’s report on the “Effectiveness of Support for Local Government” and keep members informed of the progress being made to implement the recommendations of the report.

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ENDORSEMENT OF OTHER COUNCILS’ MOTIONS

Banyule along with Whitehorse, Manningham, Knox and Maroondah City Councils have taken a regional approach to sharing and developing motions for the upcoming State Council meeting. In addition to the Banyule motions, the following motions are being presented by other Councils and are seeking endorsement from Banyule. The MAV allows for motions to be supported by other Councils. Motions must be submitted by one council but may be supported by other councils. The council submitting the motion will need to supply written confirmation from any council(s) listed as supporting the motion. The Motions being put forward for regional support and endorsement by the Eastern Group of Councils include:

Review of Statutory Requirements for Council Plan

Rate Capping Framework For Local Government

Funding for School Focussed Youth Service Program

Ongoing Funding For Universal Access To Early Education

Council Liability- VCAT Planning Decisions

Municipal Development Contribution Plan

Census

Library Funding

Social and affordable housing across the Region MOTIONS FROM OTHER COUNCILS

ISSUE MOTION

Submitted by Manningham City Council

Rate Capping Framework For Local Government

That the MAV take into account the following when advocating to the State Government on the development of the rate capping framework by the Essential Services Commission.

That the Sector Panel overseeing development of the Framework:

5. seek and consider submissions from independent experts on the economic and social impact of any proposed rate capping framework, prior to adoption;

6. fully assess the impact of long term cost shifting from both State and Federal governments and provide options to offset the financial impact of future changes to coincide with the introduction of the framework.

7. seek additional time to enable local government to fully participate in the development of the framework and to prepare for implementation.

8. consider embedding sufficient flexibility in the framework to enable it to be implemented in each council in a manner which responds to

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ISSUE MOTION

particular local needs and demands.

Funding for School Focused Youth Service Program

That the MAV State Council write to the State Minister for Education advocating for further three year program funding to be provided which will enable the Statewide School Focused Youth Service program to continue to be implemented across schools and communities beyond December 2015.

Ongoing Funding For Universal Access To Early Education

That the MAV continue to advocate to the State and Federal Governments continue the funding of the Universal Access to Early Childhood Education Program (15 Hours of Kindergarten).

Submitted by Maroondah City Council

Council Liability- VCAT Planning Decisions

That the Municipal Association of Victoria State Council calls on the state government to ensure:-

3. That VCAT take responsibility for the defence of litigation against planning determinations made by VCAT; and

4. The impost of the current cost to Victorian local government in defending such litigation is lifted from the sector.

Municipal Development Contribution Plan

That the Municipal Association of Victoria State Council calls on the state government to provide a clear process to enable municipalities to introduce a development contribution plan on a municipal wide basis.

Census

That the Municipal Association of Victoria State Council calls on the Federal government to reject the Australian Bureau of Statics (ABS) request to amend the census and statistics act to alter the frequency that the ABC is required to conduct a census from every 5 years to every 10 years.

Library Funding

That the Municipal Association of Victoria State Council further continue to press and lobby the state government for an improved recurrent and capital library funding, including an urgent review of the current funding mechanisms.

Submitted by Whitehorse City Council

Social and affordable housing across the Region.

That the MAV State Council: a) Write to the State Minister for Housing, the

Minister for Planning and the Minister for Community Services advocating for an increase

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ISSUE MOTION

in social and affordable housing through changes to the Planning Act.

b) Write to the State Minister for Housing, the Minister for Planning and the Minister for Community Services advocating to release surplus and under-utilised State owned land for diverse housing development and through support for innovative approaches to social housing, with a focus on the Eastern Region of Melbourne, which has the lowest rates of social housing and housing affordability across the State.

TIMELINES

The Municipal Association of Victoria (MAV) is holding its State Council Meeting on 15 May 2015. Councils are encouraged to submit motions to the State Council Meeting for voting on by other member Councils. Any motions submitted must be approved by Council and submitted by 17 April 2015.

CONCLUSION

The matters discussed in this report have widespread implications and are of concern to all Victorian Councils. The MAV State Council meeting provides an opportunity to seek the support of other Councils and the MAV in raising these matters.

ATTACHMENTS

No. Title Page

1 Manningham MAV State Council Motions 384

2 Maroondah MAV State Council Motions 385

3 Banyule City Council MAV State Council Motions 2015 392

4 Whitehorse City Council MAV State Council Motions 2015 395

5.2



5.2 ADVOCACY REPORT 1 JULY 2014 - 31 DECEMBER 2014

Author: Fiona Athersmith - Media and Marketing Communications Officer,

Corporate Services

File: F2014/406

EXECUTIVE SUMMARY

This biannual Advocacy Report, ‘Taking Action on What Matters to our Community’, is designed to inform Council and the community on the advocacy initiatives undertaken on key issues of local, regional and wider relevance, in order to represent the best interests of the Banyule community. Council is continually advocating to relevant local, state and federal governments and organisations on key issues. Our aim in advocating is to persuade and influence decision makers and leaders, in all spheres of government and the private sector, to act in the best interests of the Banyule community. Some of the key issues Banyule has advocated on includes:

Planning and Infrastructure (high density development, open space, traffic management)

Health and Wellbeing

Access & Disability

Upholding the Human Rights of our community and

Other services essential to the community. By advocating, we seek to:

Change public policy and the allocation of resources, particularly to the more disadvantaged within our community.

Increase the visibility and understanding of the issues affecting our community among decision makers.

Participate in agenda setting on matters impacting our local communities. This Advocacy Report (attached) details the advocacy undertaken from 1 July 2014 until 31 December 2014.

RECOMMENDATION

That the Advocacy Report 1 July 2014 to 31 December 2014 (attached)be noted and Council continue to Advocate on behalf of its Community.



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ADVOCACY REPORT 1 JULY 2014 - 31 DECEMBER 2014 cont’d


CITY PLAN

This report is in line with Council’s City Plan key direction to “advocate on behalf of our community”. Our Participation objective (community involvement in community life) specifically talks about advocating on behalf of the community, the advocacy report is designed so that you can see how each advocacy activity is supporting our four other objectives around: People (community strengthening and support); Planet (environmental sustainability); Place (sustainable amenity and built environment); and Performance (managing financial and non-financial resources).

BACKGROUNDThe Local Government Act 1989 sets out the role of councils in Victoria. It states:

1) A Council is elected to provide leadership for the good governance of the municipal district and the local community.

(2) The role of a Council includes— (a) acting as a representative government by taking into account the diverse

needs of the local community in decision making; (b) providing leadership by establishing strategic objectives and monitoring

their achievement; (c) maintaining the viability of the Council by ensuring that resources are

managed in a responsible and accountable manner; (d) advocating the interests of the local community to other communities and

governments; (e) acting as a responsible partner in government by taking into account the

needs of other communities; (f) fostering community cohesion and encouraging active participation in

civic life. The Advocacy report outlines how Banyule performs its role in advocating on behalf of the community on key issues in a number of ways.

ADVOCACY

One of our key governance functions is to advocate on behalf of the community on issues they deem important or on issues likely to have substantial impacts on the lives of residents. By representing the interests of the community in a range of forums, we have the capacity to attract additional resources and resolve complex issues affecting the liveability of our city. Advocacy is about achieving positive social change through persuasion and diplomacy. It involves trust and relationship building, education and information, communications and media, and strategic partnerships. Our aim in advocating is to persuade and influence decision makers and leaders, in all spheres of government and the private sector, to act in the best interests of the Banyule community. By advocating, we seek to:

Change public policy and the allocation of resources, particularly to the more disadvantaged within our community.

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Increase the visibility and understanding of the issues affecting our community among decision makers.

Participate in agenda setting on matters impacting our local communities. By listening to what our community at our regular community consultation sessions as well as by using other feedback and information, we develop positions on the issues that matter most to you. We then ‘go into bat’ to ensure our community gets the improvements, services and funds that it needs from other levels of government, organisations and agencies. HOW DO WE ADVOCATE?

We advocate on your behalf by participating in industry forums, making submissions, submitting applications for funding and meeting with Federal and State Members of Parliament and key staff from government departments. The following initiatives grouped into Council’s City Plan headings are highlighted (the full Advocacy report is attached): PEOPLE

Minimizing harm from electronic gaming machines

The Olympic Village Learning Hub

Universal Access – Government funding for 15 hours of kindergarten

Aged care reforms and Home and Community Care (HACC) Services

Ensuring older people and people with disabilities have access to appropriate services

Age-friendly cities and communities

Impressionist Gallery and Laboratory

Proposed role of Local Government in responding to the Ebola virus threat

PLACE

Planning and development reforms (Sustainable development provisions, tree protection, Banyule flats and Warringal Parklands and Sparks Reserve – heritage nomination,

Encouraging VivRoads and VicTrack to maintain their land

Ivanhoe Park Pavilion redevelopment

Banksia Stadium redevelopment project

The Ivanhoe Community Learning Hub

Cartledge Reserve Pavilion redevelopment

Loyola Precinct – improving facilities and opportunities

NJ Telfer Reserve development

Greensborough Main Street upgrade (stage 2)

Northern Group of Councils –economic development initiatives

LaTrobe Employment Cluster

Rosanna and Greensborough Roads – safety improvements

Bolton Street Upgrade

Para Road and Rattray Road intersection

Para Road and Grimshaw Street intersection

40 km/h speed limits

EastWest Power Easement Bicycle Route and Shared Path

PARTICIPATION

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Refugees and asylum seekers

Somali remitters

Aboriginal and Torres Strait Islanders

Disability and inclusion

Diversity and social cohesion

Educational facilities in the Heidelberg area

PERFORMANCE

Improve the working relationship between Council and the Environment Protection Authority to better manage the noise that impacts residents.



CONCLUSION

The Advocacy Report, reflecting advocacy activities for the period 1 July 2014 to 31 December 2014, comprises summaries of the advocacy initiatives undertaken during this period. The report outlines what the issue was, how Council advocated and records any results of the advocacy. This report, which is attached, is also available for download on our website (www.banyule.vic.gov.au/advocacy) and will be promoted to the community via social media. The Advocacy Report for the period preceding this report will also be available on our website.

ATTACHMENTS

No. Title Page

1 Advocacy Report 1 July 2014 - 31 December 2014 396

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

6.1

Performance - Use Our Resources Wisely


6.1 PREPARATION OF CITY PLAN 2013-2017 (YEAR 3)

Author: Peter Utri – Acting Director Corporate Services, Corporate Services

File: F2014/647

EXECUTIVE SUMMARY

The City Plan 2013-2017 (Year 3) outlines the strategic intent, direction and priorities for Banyule City Council under the objectives of People, Planet, Place, Participation and Performance. It helps guide the services Council provides to the community. The Plan is reviewed and updated each year after comprehensive consultation with the community, Councillors and staff and is framed through a legislative context and relies on evidence of industry best practice. This annual review process ensures Council continues to deliver the most appropriate services and projects for Banyule. Feedback has helped Council to plan specific key initiatives and priorities for Year 3 of the City Plan, which encompasses the 2015/16 financial year. The purpose of this report is:

To fulfil Council’s compliance with sections 125 and 126 of the Local Government Act 1989, and consider public submissions to the exhibited draft plan at a Council Meeting on Monday, 25 May 2015.

To provide public notice of Council’s intention to adopt Banyule’s City Plan for 2013-2017 (Year 3) at a Council Meeting on Monday, 22 June 2015, and strive to achieve Council’s Vision for its community

Banyule, a green, liveable and prosperous city, sustaining a healthy and engaged community. The draft of the new City Plan 2013-2017 (Year 3), including the Strategic Resource Plan 2015/2016–2018/2019, has been available for community consideration via Council’s website and Service Centres, and at local libraries and neighbourhood houses, during 11-25 March 2015, and extended to 14 April 2015. The draft plan has also been promoted through The Banner newsletter and via advertisements in local papers. The attached City Plan contains the Strategic Resource Plan (SRP) for Banyule City Council for the next 4 year period. The SRP outlines how Council will manage our financial and non-financial resources, including human resources, over the next four years to achieve our strategic objectives. All initiatives outlined in the City Plan are matched by a resource allocation through Council’s Annual Budget, either in full or phased over the life of this Plan. Subject to Council approval, the attached draft City Plan 2013-2017 (Year 3) will be made available for the public exhibition period of 14 April 2015 – 15 May 2015.

RECOMMENDATION

That 1. The City Plan 2013-2017 (Year 3) attached, be the Council Plan prepared by

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PREPARATION OF CITY PLAN 2013-2017 (YEAR 3) cont’d


Council for the purposes of Sections 125 and 126 of the Local Government Act 1989.

2. Public Notice of the preparation of the attached City Plan 2013-2017 (Year 3)

be given on Council’s website to appear Tuesday, 14 April 2015, and in The Age newspaper to appear Wednesday 15 April 2015 and local newspapers, and copies of the draft plan to be made available online on Council’s website, at Council’s Service Centres, and at local libraries and neighbourhood houses.

3. Council receive submissions regarding the proposed City Plan 2013-2017

(Year 3) until the close of business on Friday, 15 May 2015. 4. In accordance with section 223 of the Local Government Act 1989,

submissions will be heard at the Ordinary Meeting of Council on Monday 25 May 2015.

5 Council consider the adoption of the proposed City Plan 2013-2017 (Year 3) in

accordance with Sections 125 of the Local Government Act 1989; at a Council Meeting to be held on Monday 22 June 2015.



CITY PLAN

This report is in line with a number of Council’s City Plan key directions, including:

Develop and deliver best value services and facilities

Engage meaningfully with our community.

Promote and support health and wellbeing

Provide responsible financial management and business planning processes

Enable good governence and accountability with minimal risk

BACKGROUND

The City Plan is Banyule City Council’s Plan as required by Section 125 of the Local Government Act 1989. The Plan forms Council’s key strategic platform for the delivery of services and areas of focus for advocacy to its Community. The Plan contains Council’s response to section 126 of the Local Government Act 1989, in so far that it incorporates Council’s Strategic Resource Plan 2015/2016–2018/2019. This is the third year of Council’s four year City Plan 2013-2017, prepared following the Council election in October 2012.

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The development of the City Plan 2013-2017 (Year 3), attached to this report, has been formed by the information gathered through an extensive community engagement and planning process. The framework is developed and supported by current policy and responds in a strategic sense to the expressed needs of our community. The process included Councillor Planning sessions during November-December 2014 and February 2015, to review progress being made against the City Plan 2013-2017, identify challenges, and review focus areas and priorities. The Plan articulates the key strategic intent of Council and responds to newly identified challenges and opportunities presented to Council and the community over the life of this Plan.

CONSULTATION AND RESEARCH

An overview of our consultation approach Council is committed to engaging with and listening to its Community and using this feedback to inform the services and service levels that are offered to the community. Community feedback, along with things such as legislative changes, reviews of service standards, budget information and industry trends all contribute to shaping Council’s strategic direction. Banyule’s four year City Plan 2013-2017 was initially developed in 2013 with extensive community consultation. Each year the City Plan is reviewed and modified. Accordingly, the design of the consultation approach is such that we can include community feedback into the City Plan review process. Consultation for Year 3 of the City Plan This year’s community consultation has informed the Year 3 City Plan review process. Separate surveys for each of our four key City Plan objectives (the fifth objective of ‘Performance’ mainly relates to the internal functions of Council) were distributed. The process highlighted examples of what has been achieved, asked for feedback about whether people thought Council was on track, and asked for suggestions for improvement. Consultation and Research The City Plan consultation survey provides just one way in which people can have their say about Council’s services. A broad range of consultation and data sources inform the development of the City Plan. Council welcomes and encourages community feedback and people can share their views at any time. Community feedback can be made via a distributed return paid postcard, letter, telephone, website or email. The feedback received, and the customer requests generated, are a key source of information to assist in improving services. Council also delivers an ‘Out & About’ program to foster better links and information flow with the community. Under this program, members of the customer service team (supported by service unit staff) attend community centres and events to promote Council and community programs and services, as well as educate the community on

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how to best access the services and opportunities available to them. This program is very successful and has a particular focus on groups who have difficulty in accessing Council information or services, for example senior citizens groups. Council has appointed specific Advisory Committees which provide strategic advice to Council that represents the views of particular groups in the community. The demographic data is referenced and analysed to assist in understanding how the community is changing and to plan for appropriate services. All of this information, combined with things such as legislative changes, reviews of service standards, budget information and industry trends, help to shape the updated City Plan. The information gathered and the feedback received is incorporated into the Draft City Plan 2013 – 2017 (Year 3) and reflected in the community consultation results as follows:

Council’s Draft City Plan 2013-2017 (Year 3)

Included are proposed key initiatives to provide clear and practical examples of the intent of Council’s strategic directions and the link to community feedback. This allows the community to comment in detail on whether Council has fairly represented the priorities and needs of its community.

Community Consultation Results (What You Said! documents)

This group of documents includes a summary of the approaches Council used to consult and engage with the local community, and four reports detailing the community’s’ feedback and examples of how Council is addressing community feedback under the headings of Place; Planet; People; and Participation. These documents assist the community to see Council’s response to the themes they raised by showing links with the Draft City Plan 2013–2017 (Year 3).

The themes and issues presented within the areas of People, Planet, Place and Participation are as follows: People Themes:

Good health for people of different ages life stages and backgrounds

Health information and communication

Community safety

Regular recreation and social activities

Support and inclusion for those who need assistance to participate fully in the

community

More support for employment

Planet Themes:

Waste management and recycling

Litter and waterways

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Raising awareness of environmental issues and promoting practical actions

Valuing trees, greenery, local parklands and wildlife

Protecting our valued natural environment from overdevelopment

More action to support and promote renewable energy

More community partnerships, education and local ownership

Place Themes

Encouraging and providing alternative transport options while recognising the

problems of traffic congestion

Maintaining and looking after footpaths, roads and public spaces

Valuing, protecting and enhancing our parks, open spaces and playgrounds

Improving the local economy to deliver a more vibrant and prosperous

Banyule

Impact of development on the capacity and character of Banyule

Participation Themes

Social inclusion within our diverse community

Ensuring Banyule’s diverse community is reflected in our images, signs and

celebrations

Multiple ways to provide information to different audiences and for different

purposes

Engaging meaningfully – how Council listens and engages with Banyule’s

diverse community

The full details of community themes and initial responses can be found at http://www.banyule.vic.gov.au In addition to these themes developed with the community, Council is committed to strong governance and efficiency. The areas of emphasis are included with the Performance Objective. These themes are more focused on the internal functions of Council to ensure the right outcomes for the community. Performance Themes

The following themes relate to the City Plan’s Performance objective, based on analysis of the feedback received through the various consultation and research processes:

Efficiency

Effectiveness

Best Value quality for our services

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Prudent financial management

Secure information

Stable industrial environment

Transparency

Accountability.

Local Government Planning and Accountability Framework Banyule City Council adheres to the Local Government Planning and Reporting Better Practice Guide in the development of its strategic planning process: This Guide is designed to assist councils to best meet requirements under the Local Government Act 1989 as they relate to the planning and accountability framework. It provides councils with relevant and practical information to assist in the development of key planning and reporting documents required under the Local Government Act 1989 and as prescribed in the Local Government (Planning and Reporting) Regulations 2014 (the Regulations). These include the Council Plan (City Plan), Strategic Resource Plan, Annual Budget and Annual Report. The Guide also outlines the role of the Victorian Auditor-General and highlights the benefits of a relationship with a Community Plan. In April 2014, legislation was introduced to include the requirement for Councils to report against the Local Government Performance Reporting Framework (LGPRF). The Local Government (Planning and Reporting) Regulations 2014 support the operation of the new planning and reporting framework for Councils under the Local Government Amendment (Performance Reporting and Accountability) Act 2014. Key measures as part of the LGPRF are included in Banyule’s set of Strategic Indicators. These include indicators and measures of service performance, financial performance and sustainable capacity, along with a checklist of 24 governance and management requirements. The list of indicators included in the State Government’s LGPRF is included in Council’s Budget 2014-2015 document (and draft Budget 2015-2016). The first set of results will be reported in Council’s Annual Report 2014-2015, in line with the legislative requirements. Council will review these and adjust targets and indicators as appropriate on an annual basis. Council will continue to work with the State Government and Local Government industry sector in the further development and implementation of the LGPRF. Consultation on the Initial Draft City Plan 2013-2017 (Year 3)

The draft of the new City Plan 2013-2017 (Year 3), including the Strategic Resource Plan 2015/2016–2018/2019, has been available for community consideration via Council’s website and Service Centres, and at local libraries and neighbourhood houses, during 11-25 March 2015, and extended to 14 April 2015. The draft plan has also been promoted through The Banner newsletter and via advertisements in local papers.

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CITY PLAN 2013-2017 (YEAR 3)

Council’s City Plan 2013-2017 (Year 3) outlines priorities and helps guide the services that we provide to the community. The City Plan is informed by and used by Councillors, Council staff, community members, relevant stakeholders, agencies, the State Government, and residents. The Strategic Objectives as described in Banyule’s City Plan 2013-2017 (Year 3), being Banyule’s Council Plan, are:

People – Community strengthening and support Planet – Environmental sustainability Place – Amenity and built environment Participation – Community involvement in community life Performance – Use our resources wisely

A four year City Plan has been developed through extensive community engagement and feedback. The foundation of this work has led Council to include significant areas of emphasis in its planning, including:

Continuing a strong focus on delivering quality, value for money services

Ensuring our financial sustainability and making sure Council continues to deliver services to the levels expected.

Improving communication with the community so Council is better informed as to things that matter.

The building of a strong and vibrant community

Developing local activity centres in an appropriate and sustainable way.

Making land-use planning more consistent and see that it improves local neighbourhood character

Advocating to other levels of government on important community issues, even where it is not Council’s direct delivery role, and ensuring that this is done in the strongest terms to affect change for the betterment of Banyule.

Identifying opportunities that bring social and economic benefits to the community

Ensuring comprehensive transport planning and advocacy on transport and congestion issues.

Each year Council reconsiders the areas of emphasis outlined for its four year plan. These views have been considered to develop City Plan key initiatives for 2015/16.

LEGAL CONSIDERATION

In accordance with the provisions of Section 223 of the Act a further formal opportunity for community consideration exists in the form of written submissions, which are now invited to be submitted by 15 May 2015. Submissions received to the proposed City Plan (and Budget) will be formally considered by Council at a Council Meeting on 25 May 2015. Advertisements will be placed in ‘The Age’ and Leader newspapers at the commencement of the public notice period.

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A copy of the proposed City Plan will be available on Council’s website from Tuesday, 14 April 2015. Copies will also be available at the Ivanhoe, Rosanna and Greensborough Service Centres from Wednesday, 15 April 2015, and will be made available at local libraries and neighbourhood houses (together with the proposed Budget 2015/2016) from Thursday 16 April 2015. The required statutory notice advertisement will also appear on Council’s website on Tuesday, 14 April 2015, and in ‘The Age’ on Wednesday, 15 April 2015. The public notice informs the community of Council’s intention to adopt Banyule’s City Plan 2013-2017 (Year 3) in accordance with Sections 125 and 126 of the Local Government Act 1989, at a Council Meeting on Monday, 22 June 2015.

CONSIDERATION OF SUBMISSIONS

All submissions to the City Plan received in the statutory advertising period will be put forward to Council for consideration. A summary of the issues will be presented to Council.


In developing this report to Council, the subject matter has been considered to determine if it raises any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited, restricted or interfered with by the recommendations contained in this report. It is considered that the subject matter of the City Plan does not raise any human rights issues but enhances the human rights of our community. As a part of Council’s community engagement program for the City Plan, the plan has been developed through extensive consultation and engagement. This process of community involvement has promoted and facilitated specific rights outlined in the Charter, namely the right to take part in public life and the right to freedom of expression.


The attached City Plan contains the Strategic Resource Plan for Banyule City Council for the next 4 year period. The Strategic Resource Plan outlines how Council will manage its financial and non-financial resources, including human resources, over the next four years to achieve its strategic objectives. The Strategic Resource Plan consists of the following:

The ‘Performance – Use our resources wisely’ objective. This includes key directions for achieving the objective, and focus areas for the next four years

The ‘Management of our Human Resources’ section, which includes statements describing the human resources required for the next four years

The Financial Resources section, which includes information on financial position, financial statements and commentary on these.

The plan also takes into account services and initiatives contained in plans adopted by Council, as well as other information prescribed by the regulations.

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The Strategic Resource Plan is prepared in accordance with the requirements of the Local Government Act 1989 and the Local Government (Planning and Reporting) Regulations 2014, which commenced operation on 18 April 2014.This sits well with Banyule’s objective of ‘Performance – Use our resources wisely’. In addition, the Strategic Resource Plan describes how Council manages its financial resources in a sustainable manner. Prudent management enables Council’s staffing, physical resources and community services to be maintained in a way that meets the community’s current and future needs. This includes developing sustainable income streams and financial independence, and rates that support the services and infrastructure for the Banyule community. Our Linkage between City Plan and Budget The Annual Budget is developed within Council’s overall strategic planning framework. This framework guides the Council with information that aids in identifying community needs and aspirations over the long-term, converting these into medium (Council Plan) and short-term (Annual Budget) objectives, key directions, initiatives, activities and allocates resources in a considered manner with this information. Accountability to the Banyule community is ensured through Audited Financial and Performance Statements (containing our key performance indicators) and Council’s statutory annual report to the community. Essential in the planning and application of Council’s resources is the critical link to the community. Banyule undertakes an ongoing and iterative process of engagement across all parts of the community. Council utilises community information along with key demographic data, due reference to legislative context and industry benchmarks to assess the appropriate level of service for the Banyule community. Council compares these services against both national and international standards of quality, efficiency and effectiveness. There are direct and obvious links between the broad range of information Council gathers and the activities funded to meet its strategic intent. Council also reviews this annually and re-assesses activities and areas of emphasis for the community on this basis.

POLICY IMPLICATIONS

The City Plan is underpinned by a key strategic framework. Each strategic objective is underpinned by comprehensive supporting policies, strategies and plans. Council’s key policy and strategic documents informing the City Plan are continuously reviewed to ensure relevance and responsiveness to community needs and best industry practice:

Banyule People: Health and Wellbeing Policy & Strategy

Banyule Planet: Environmental Sustainability Policy & Strategy

Banyule Place Policy & Strategy

Banyule Participation Policy & Strategy

Banyule Performance Framework: Banyule Management System

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The key policy and strategic documents include the rationale and policy context for each of the key directions that have been set to achieve Council’s objectives. City Plan’s Relationship with the Municipal Public Health and Wellbeing Plan The City Plan and the Banyule People: Health and Wellbeing Policy & Strategy meet Banyule’s obligation for the provision of a Municipal Public Health and Wellbeing Plan under the Victorian Public Health and Wellbeing Act 2008. This City Plan is used as a vehicle for the strategic planning of the health and wellbeing of the Banyule community. The City Plan is reviewed on an annual basis with a further lens relating to the health and wellbeing outcomes of the community. This is done to ensure compliance under the Victorian Public Health and Wellbeing Act 2008. This work of Council occurs in many forms, from the upkeep of parks to the delivery of targeted programs, from the health of babies to immunisation of the community against disease. The annual action plan for the Municipal Public Health and Wellbeing Plan is based from actions across the Organisation, within Council’s annual business plan, supporting plans, and service unit plans. Council uses these actions to achieve the strategic outcomes for the community. The actions and outcomes from the Municipal Public Health and Wellbeing Plan are reported separately to the Victorian Department of Health & Human Services.

CONCLUSION

Year 3 of the City Plan has refined Council’s endeavours to deliver on the expressed needs of the Banyule community. The prioritisation of themes within Council’s key objectives have been reassessed and reordered with far greater emphasis on the efficiency and effectiveness of Council’s operations. The community has expressed a strong desire to maintain the existing levels (and in some cases increased) services offered, and Council will endeavour to communicate more effectively with the community on the priorities and actions. Council continues to demonstrate through this Plan, its comprehensive framework of integrated objectives, focus areas and key initiatives which are being implemented for the benefit of the community. This third year of the 4 year strategic plan, refines the blueprint for Council’s way forward to achieve its Vision: Banyule, a green, liveable and prosperous city, sustaining a healthy and engaged community.

ATTACHMENTS

No. Title

1 City Plan 2013-17 (Year 3) - Draft 8 April 2015 (under separate cover)

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6.2 PREPARATION OF BUDGET FOR PERIOD 1 JULY 2015 TO 30 JUNE 2016

Author: Tania O'Reilly - Manager Finance & Procurement, Corporate Services

File: F2015/48639

EXECUTIVE SUMMARY

Council’s proposed Budget 2015-2016 responds to need for the resourcing of community priorities for Banyule. The Budget 2015-2016 matches the strategic intent and direction of Banyule City Council over the life of the City Plan. The Budget will ensure Council’s finances remain sustainable and that appropriate resources are allocated to meet the services and capital requirements of the City. The objectives, intended via this report, are to give notice of: 1) the preparation of Council’s Budget for 2015/2016 (as attached) for the

purposes of Section 127 of the Local Government Act 1989 and Local Government (Planning and Reporting) Regulations 2015

2) Council’s intention to adopt Banyule’s Budget for 2015-2016 (in accordance

with Section 130 of the Local Government Act 1989) at a Council Meeting on Monday, 22 June 2015

3) The opportunity for additional formal feedback and consideration of all public

submissions on the proposed Budget at the Council meeting on Monday, 25 May 2015.

RECOMMENDATION

1. That the Budget 2015 - 2016 attached to this report, be the proposed Budget prepared by Council for the purposes of Section 127 of the Local Government Act 1989.

2. That Council:

(a) Gives public notice for the preparation of such budget in accordance with Section 129 of the Local Government Act 1989; and

(b) Makes available for public inspection the information required to be made

available in accordance with the Local Government Act 1989 and Local Government (Planning and Reporting) Regulations 2015.

(c) In accordance with Section 223 of the Act, calls for and receives

submissions to the Budget 2015-2016 from the public, in writing, until Friday 15 of May at 5:00pm

3. That Council consider any submissions in regards to the proposed Budget

2015-2016 in accordance with Sections 127,129 or 223 of the Local Government Act 1989; and Local Government (Planning and Reporting) Regulations 2015, at a Council Meeting to be held on Monday, 25 May 2015.

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PREPARATION OF BUDGET FOR PERIOD 1 JULY 2015 TO 30 JUNE 2016 cont’d


4 That Council consider the adoption of the proposed Budget 2015-2016 (including the declaration of differential rates and charges, required interest to be paid on rates & charges not paid by the due date and the Schedule of Fees and Charges) in accordance with Sections 127 or 129 of the Local Government Act 1989; and Local Government (Planning and Reporting) Regulations 2015, at a Council Meeting to be held on Monday,22 June 2015



CITY PLAN

This report is in line with Council’s City Plan key direction to “provide responsible financial management and business planning processes”.

BACKGROUND

PUBLIC NOTICE PROCESS Notice is required to be given to the public of Council’s intention to formally: i. Adopt the budget; ii. Declare differential rates, service charges and any municipal charge; and iii. Require interest to be charged on unpaid rates and charges; It is the declared intent of Council to adopt this Budget at a meeting of Council on Monday, 22 June 2015. Subject to Council ‘in principle’ approval and in accordance with Section 129 of the Act, the Proposed Budget 2015-2016 will be made available to the public for a four week period commencing Tuesday, 14 April 2015 and concluding Friday, 15 May 2015. A copy of the budget will be made available for inspection at the Ivanhoe, Rosanna and Greensborough Service Centres and on Council’s website, from Tuesday, 14 April 2015, and will also be made available via local libraries and neighbourhood houses. The public notice and exhibition of the Proposed Budget enables any person affected by the Proposed Budget to make a formal submission to Council. Submissions received by Council in accordance with Section 223 of the Act will be considered by Council prior to the final Council consideration of the adoption of the Budget on Monday, 22 June 2015 A series of public meetings to explain the budget will be held between 6:00pm and 7:00pm on the following dates at the following locations.

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Date

Venue

5 May 2015, Tuesday

Tuesday 5 May 6pm – 7pm Tom Roberts Room, 275 Upper Heidelberg Road, Ivanhoe

6 May 2015, Wednesday

Wednesday 6 May: 6pm – 7pm: WaterMarc Community Meeting Room, 1 Flintoff Street, Greensborough

BUDGET DEVELOPMENT PROCESS The Proposed Budget has been prepared to deliver the City Plan 2013-2017 (Year 3) objectives, which set the overall strategic direction for Banyule. The Proposed Budget has been prepared with a focus on responsible financial management and in accordance with the Local Government Act 1989 (the Act) and Local Government (Planning and Reporting) Regulations 2015 (the Regulations), and Accounting Standards. The Proposed Budget 2015-2016 reflects the ‘Model budget’ form and has been prepared with reference to The Institute of Chartered Accountants “Victorian City Council Model Budget 2015/2016” a best practice guide for reporting local government budgets in Victoria. The Proposed Budget provides for the sound provision of financial resources. The Proposed 2015/16 Budget, attached to this report, is for the Year 1 July 2015 to 30 June 2016 and is prepared in accordance with the Act and Regulations. The Proposed Budget includes financial statements being a Comprehensive Income Statement, Balance Sheet, Statement of Changes in Equity, Statement of Cash Flows and Statement of Capital Works. These statements have been prepared for the year ended 30 June 2016 in accordance with the Act and Regulations, and are consistent with the annual financial statements which are prepared in accordance with applicable Australian Accounting Standards. The Proposed Budget includes information about the rates and charges to be levied, the capital works program to be undertaken, the human resources required to deliver Council services, and other financial information required in order for Council to make informed decisions about its financial future. In advance of preparing the Proposed Budget, officers first review and update Council's long term financial projections. Financial projections for at least four years are ultimately included in Council's Strategic Resource Plan, which is the key medium-term financial plan produced by Council on a rolling basis for consideration. The preparation of the budget, within this broader context, begins with the strategic operating and capital components of the annual budget. Budget parameters are determined and model scenarios are prepared. The budget parameters are discussed at briefings throughout the year. This process allows consideration of changes in areas of the budget and includes changes based on ongoing and extensive information received from the community consultation process.

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This Proposed Budget has been prepared and is now submitted to Council for ’in principle’ approval. Subject to approval Council is required to give ’public notice’ that it intends to ’adopt’ the budget. It must give 28 days notice of its intention to adopt the proposed budget it makes the budget available for inspection at its offices and on its internet web site. A person has a right to make a submission on any proposal contained in the Proposed Budget and any submission must be considered before the final adoption of the Budget by Council. It is at Council’s discretion whether any submission or submissions affect the final budget outcome. In order to assist interested persons to understand the Proposed Budget and make a submission if they wish, Council officers will undertake a further community engagement process including public information sessions. The final step is for Council to adopt the Budget after receiving and considering any submissions from interested parties. Council endeavours to have its Budget adopted by 30 June each year in order to have all its financial resources in place for the ensuing year of work for the community. BUDGET 2015/2016

The Proposed Budget focuses on strengthening the long-term financial sustainability of Banyule. During the preparation on this Budget, great care has been taken to ensure Counci continues delivering relevant services to the community while renewing and upgrading infrastructure. Council will increase rates by 4.95 per cent. General rates and charges will contribute $89.18 million to address ageing infrastructure, improve the amenity and quality of community assets and deliver vital services across the breadth of the City. Council continues to manage responsibly and efficiently. Our budget decisions consider the Victorian Auditor-General’s annual sustainability assessment ratios for our underlying result, liquidity, indebtedness, self-financing capacity, capital replacement and renewal gap ratios. A Budget has been devised that will deliver significant capital works over the next four years. It looks to balance competing demands on providing community services, maintaining and renewing infrastructure with the community’s capacity to pay for it. The Proposed Budget 2015/2016 works in concert with the directives of the City Plan (2013-2017). Councillors and staff are committed to achieving these medium and long-term objectives that ensure we are building a better Banyule.


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

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The preparation and adoption of Council’s Budget actually facilitates the protection of many of our communities human rights as funding for many Council projects, programs and initiatives is directly related to protecting and enhancing the human rights of the community. Council continues to work on behalf of its community to ensure the upholding of human rights for all.

CONSULTATION

The Proposed Budget will be available for public inspection between Tuesday, 14 April 2015 and Friday, 15 May 2015 at the following locations:

Ivanhoe, Rosanna and Greensborough Service Centres

Council’s website

Local libraries

Neighbourhood houses Members of the public have also been invited to attend public meetings about the proposed Budget at the following dates and venues:

Date

Venue

5 May 2015, Tuesday

Tuesday 5 May 6pm – 7pm Tom Roberts Room, 275 Upper Heidelberg Road, Ivanhoe

6 May 2015, Wednesday

Wednesday 6 May: 6pm – 7pm: WaterMarc Community Meeting Room, 1 Flintoff Street, Greensborough

The Proposed Budget is developed within Council’s overall strategic planning framework. This framework guides the Council with information that aids in identifying community needs and aspirations over the long-term, converting these into medium (Council Plan) and short-term (Annual Budget) objectives, key directions, initiatives, activities and allocates resources in a considered manner with this information. Accountability to our community is ensured through Audited Financial and Performance Statements (containing our key performance indicators) within the statutory annual report to the community. Council also presents regular financial reports and performance updates to the community throughout the year Essential in the planning and allocation of Council’s resources is the critical link to the community. Banyule undertakes an ongoing and iterative process of engagement across all parts of the community and uses detailed demographics and industry benchmark information to stay informed about the needs of the community.

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LEGAL CONSIDERATION

Subject to Council ‘in principle’ approval and in accordance with Section 129 of the Act, the Proposed Budget 2015-2016 will be made available to the public for a four week period commencing Tuesday 14 April 2015 and concluding Friday 15 May 2015. Advertisements are to be placed in ‘The Age’ and Leader newspapers at the commencement of the public notice period. A copy of the Proposed Budget will be available for inspection on Council’s website and at the Ivanhoe, Rosanna and Greensborough Service Centres from Tuesday, 15 April 2015. It was also available at local libraries and neighbourhood houses, together with the draft City Plan 2013-2017 (Year 3). The required statutory notice advertisement is to also appear on Council’s website on Tuesday, 15 April 2015, and in ‘The Age’ on Wednesday, 16 April 2015. Under the Sections 127 and 130 of the Local Government Act 1989, Council is required to prepare and adopt an annual budget for each financial year. Council will consider public submissions to the exhibited Proposed Budget prior to adopting the Budget on Monday, 25 May 2015.

SUBMISSIONS

All submissions to the budget received in the statutory advertising period will be put forward to Council for consideration. In addition a summary of the issues will be presented to the Council meeting of 25 May. Submissions must be made in writing to Council by close of business on Friday 15 May 2015.

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PROPOSED RATES AND CHARGES

In accordance with in accordance with Section 155 of the Local Government Act 1989, Part 8 – Rates and Charges on Rateable Land. Declaration of Rates, Service Charges and Municipal Charge 2015/2016 1. Amount Intended to be Raised

An amount of $89,184,011 (or such other amount as is lawfully raised as a consequence of this Resolution), be declared as the amount which Council intends to raise by general rates, service charges and the municipal charge as follows: General Rates $82,383,451 Municipal Charge $6,800,560 The service charges be in the sums as specified in Appendix B of the Council Budget 2015/2016.

2. General Rates 2.1 A general rate be declared in respect of the 2015/2016 Financial Year. 2.2 It be further declared that, consistent with the City Plan and having regard

to the considerations outlined in the Budget for the 2015/2016 financial year, the general rate be raised by the application of differential rates.

2.3 A differential rate be respectively declared for rateable land having the

characteristics specified below, which will form the criteria for each differential rate so declared:

2.3.1 Residential Vacant Land Any land on which no dwelling is erected, but which, by reason

of its locality and zoning under the Banyule Planning Scheme, would, if developed, be or be likely to be used primarily for residential purposes.

2.3.2 Commercial or Industrial Vacant Land Any land on which no building is erected, but which, by reason of

its locality and zoning under the Banyule Planning Scheme, would, if developed, be or be likely to be used primarily for commercial or industrial purposes.

2.3.3 Commercial or Industrial Improved Land Any land which is used, designed or adapted to be used

primarily for commercial or industrial purposes. 2.3.4 Other Land (including Residential Improved Land)

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Any land which is not residential vacant land, commercial or industrial vacant land or commercial or industrial improved land.

2.4 Each differential rate will be determined by multiplying the Capital

Improved Value (CIV) of each rateable land (categorised by the characteristics described in paragraph 2.3 of this Resolution) by the relevant percentages indicated in the following table:

CATEGORY %

Residential Vacant Land 0.344162% (or 0.00344162 cents in the dollar of Capital Improved Value)

Commercial or Industrial Vacant Land

0.446136% (or 0.00446136 cents in the dollar of Capital Improved Value)

Commercial or Industrial Improved Land


Other Land (including Residential Improved Land)


2.5 It be recorded that Council considers that each differential rate will

contribute to the equitable and efficient carrying out of Council functions, and that:

2.5.1 the respective objectives of each differential rate be those

specified in the Schedule of this Resolution; and 2.5.2 the respective types or classes or land which are subject to each

differential rate be those defined in the Schedule to this Resolution; and

2.5.3 the respective uses and levels of each differential rate in relation

to those respective types or classes of land be those described in the Schedule to this Resolution; and

2.5.4 the relevant (a) uses of; (b) geographical locations of; and (c) planning scheme zoning of; and (d) types of buildings on

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

2.6 It be confirmed that no amount is fixed as the minimum amount payable

by way of general rate in respect of each rateable land within the Municipal district.

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

1 Vasey Street Ivanhoe $18,930.42

54 Cleveland Avenue Lower Plenty $16,242.90

8 Main Road Lower Plenty $34,691.49

540 The Boulevard Ivanhoe East $736.66 3. Rebates

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

4. Incentives

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

5. Service Charges 5.1 Service charges be declared in respect of the 2015/2016 Financial Year. 5.2 Service charges be declared for the non-standard collection and disposal

of refuse from or in respect of rateable land; and the collection and disposal of refuse from or in respect of non-rateable land.

5.3 The service charges be in the sums as specified in Appendix B of the

Council Budget 2015/2016. 6. Municipal Charge

6.1 A municipal charge of $130.00 be declared in respect of the 2015/2016

financial year. 6.2 The municipal charge be declared for the purpose of covering some of

the administrative costs of Council.

7. Interest Rate Council will, subject to Section 172 of the Local Government Act 1989, require

a person to pay interest on any rates and charges which: 1. that person is liable to pay; and

2. have not been paid by the dates specified for their payment.

The penalty interest rate is 10.50% per annum as set by the Attorney-General under the Penalty Interest Rates Act 1983, effective from 11 August 2014.

8. Payment Options

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

9. Consequential

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

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

1. Implementation of good governance and sound financial stewardship; and 2. Construction, renewal, upgrade, expansion and maintenance of

infrastructure assets; and 3. Development and provision of health, environmental, conservation, leisure,

recreation, youth and family community services; and 4. Provision of strategic and economic management, town planning and

general support services; and 5. Promotion of cultural, heritage and tourism aspects of Council’s municipal

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

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To encourage the development of land for commercial or industrial purposes; and to ensure that such rateable land makes an equitable financial contribution to the cost of carrying out the functions of Council, including the:





district. Types and Classes: Any rateable land on which no dwelling is erected but which, by reason of its locality and zoning under the Banyule Planning Scheme, would, if developed, be or be likely to be used primarily for commercial or industrial purposes. Use and Level of Differential Rate: The differential rate will be used to fund some of those items of expenditure and Capital Works described in the Budget adopted by Council. The level of the differential rate is the level which Council considers is necessary to achieve the objectives specified above. Geographic Location: Wherever located within the municipal district. Use of Land: Any use permitted under the Banyule Planning Scheme. Planning Scheme Zoning: The zoning applicable to each rateable land within this category, as determined by consulting maps referred to in the Banyule Planning Scheme. Commercial or Industrial Improved Land Objective: To ensure that such rateable land makes an equitable financial contribution to the cost of carrying out the functions of Council having regard to the capacity of such land to be used to yield income and the demands such land makes on Council's infrastructure. Those functions include the:




general support services; and

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5. Promotion of cultural, heritage and tourism aspects of Council’s municipal district.

Types and Classes: Any rateable land which is used, or designed or adapted to be used, primarily for commercial or industrial purposes. Use and Level of Differential Rate: The differential rate will be used to fund some of those items of expenditure and Capital Works described in the Budget adopted by Council. The level of the differential rate is the level which Council considers is necessary to achieve the objectives specified above. Geographic Location: Wherever located within the municipal district. Use of Land: Any use permitted under the Banyule Planning Scheme. Planning Scheme Zoning: The zoning applicable to each rateable land within this category, as determined by consulting maps referred to in the Banyule Planning Scheme. Types of Buildings: All buildings which are now constructed on the land or which are constructed prior to the expiry of the 2014/2015 Financial Year. Other Land (Including Residential Improved Land) Objective: To ensure that such rateable land makes an equitable financial contribution to the cost of carrying out the functions of Council, having regard to the relative benefits derived from the carrying out of such functions. Those functions include the:





district. Types and Classes: Any rateable land which is not Residential Vacant Land, Commercial or Industrial Vacant Land or Commercial or Industrial Improved Land. Use and Level of Differential Rate: The differential rate will be used to fund some of those items of expenditure and Capital Works described in the Budget adopted by Council.

6.2




The level of the differential rate is the level which Council considers is necessary to achieve the objectives specified above. Geographic Location: Wherever located within the municipal district. Use of Land: Any use permitted under the Banyule Planning Scheme. Planning Scheme Zoning: The zoning applicable to each rateable land within this category, as determined by consulting maps referred to in the Banyule Planning Scheme. Types of Buildings: All buildings which are now constructed on the land or which are constructed prior to the expiry of the 2014/2015 Financial Year. Cultural and Recreational Land Objective: To ensure that the promotion of cultural, heritage and recreational activity occurs within Council’s municipal district and that this is supported in a way that encourages appropriate activity and development. Council has considered the service utilised by the lands and the benefit these lands provide to the community by consideration of their cultural or recreational land use, as required under the Cultural and Recreational Lands Act 1963. Types and Classes: Under the provisions of the Cultural and Recreational Lands Act 1963, Council levies an amount in lieu of rates payable in respect of cultural and recreational lands. This is land which is not Residential Vacant Land, Commercial or Industrial Vacant Land or Commercial or Industrial Improved Land, which is specifically set aside for the use of cultural and recreational pursuits whereby the members do not derive a financial benefit or profit from the activities. The Cultural and Recreational Lands Act 1963 effectively provides for properties used for outdoor activities to be differentially rated unless it involves land that is being leased from a private landowner. The discretion of whether to provide a cultural and recreational lands rate rests with Council. The amount in lieu of rates payable in respect of each rateable land to which the Cultural and Recreational Land rate applies is determined by multiplying the Capital Improved Value of that rateable land by 0.00214145.

6.2




CONCLUSION

This Proposed Budget meets the requirements of Section 127 of the Local Government Act 1989 which requires Council to prepare a budget for each financial year. The information required to be in the budget is:

the budgeted financial statements,

a description of services and initiatives funded by the budget as well as a Statement about how they will contribute to achieving the strategic objectives in the City Plan.

Further, there are key service performance indicators and targets,

the declaration of rates and charges,

the intention to charge interest on unpaid rates and charges,

rates payable on rateable lands in accordance with the Cultural and Recreational Lands Act 1963,

as well as other information required under Section 158 of the Local Government Act 1989.

The Proposed Budget for 2015/2016 is aligned to the long-term strategies as outlined in the City Plan 2013 – 2017 (Year 3), and is in line with Council's commitment to sustainable budgeting and responsible financial management. Following this meeting will be the publication of a Notice that Council has prepared the budget and a period of time for people to view the budget and make submissions regarding the budget. Council will consider any submissions received prior to the planned adoption of the budget.

ATTACHMENTS

No. Title

1 Budget 2015/2016 – Draft 9 April 2015 (under separate cover)

6.3



6.3 RATING STRATEGY 2014/2015 Author: Tania O'Reilly - Manager Finance & Procurement, Corporate Services

File: F2014/1458

EXECUTIVE SUMMARY

The Rating Strategy is the method by which Council systematically considers factors of importance that informs its decisions about the rating system. The rating system determines how Council will raise money from properties within the municipality. It does not influence the total amount to be raised, only the share of revenue contributed by each property. The rating system comprises the valuation base and actual rating instruments allowed under the Local Government Act 1989 to calculate property owners’ liability for rates. As rates are a significant part of Councils revenue, a Rating Strategy is a key element in the Council exercising sound financial management. Some key principles that Banyule City Council adopt are noted below and are explained in further detail within the report attached:

Capital improved value is used for rating valuation purposes (section 4)

Differential rating has been adopted (section 6)

A Municipal Charge is levied on all ratable properties (section 8)

Banyule City Council does not currently levy an annual service charge for the collection and disposal of waste to all ratepayers. A standard service is provided to residential ratable properties and is funded from general rates (section 9)

Banyule City Council currently has 12 Special Rate and or Charge schemes in operation, 11 are Promotional Schemes and one is a Constructional Scheme (section 10)

No further rebates or concessions than those afforded by the State Government Pensioner Rebate scheme are provided (section 11)

A rate rebate is not provided to support the provision of affordable housing by registered agencies (section 12)

No incentives are offered for the payment of rates and charges before the dates. Banyule City Council does provide support via deferment or payment arrangements for those experiencing financial hardship (section 13)

This report seeks consideration and adoption of Council’s Rating Strategy.

RECOMMENDATION

That Council adopt the 2014/15 Rating Strategy.


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

6.3


RATING STRATEGY 2014/2015 cont’d


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

CITY PLAN

This report is in line with Council’s City Plan key direction to “provide responsible financial management and business planning processes”.

BACKGROUND

The attached Rating Strategy is to ensure that the Local Government Act rating objectives of equity and efficiency are achieved. It is important that Banyule City Council has a Rating Strategy in place that is transparent to the community and reviewed annually as part of the budget process.

CONCLUSION

The terms and conditions as outlined in the Rating Strategy as attached are currently being applied. The Rating Strategy is to be considered and reviewed by Council on an annual basis prior to the budget adoption.

ATTACHMENTS

No. Title Page

1 Rating Strategy 2014-2015 422

6.4



6.4 PROPOSED GOVERNANCE LOCAL LAW - CONSIDERATION AND HEARING OF SUBMISSIONS

Author: Vivien Ferlaino - Governance Co-ordinator, Corporate Services

File: F2015/

EXECUTIVE SUMMARY

Banyule City Council’s existing Local Law No. 2 (2005) – Conduct of Meetings ceases to operate on the 28 April 2015. As a result, this Local Law has undergone an extensive review and a new proposed Governance Local Law No. 2 (2015) incorporating the Meeting Procedures Code, as a replacement local law has been developed. It is proposed that the new Governance Local Law No. 2 (2015) will commence operation when the existing Local Law No. 2 (2005) – Conduct of Meetings is revoked. Council resolved at its meeting on the 2 March 2015 to commence the prescribed statutory process outlined under section 119 and 223 of the Local Government Act 1989, and gave Notice of Intention to Make a Local Law. The giving of public notice provides the opportunity for members of the public affected by the proposed Governance Local Law No. 2 (2015) to make a written submission in relation to the proposed Local Law. Council is obliged, under section 223 of the Local Government Act 1989 to hear and give consideration to any submissions received in relation to the proposed Governance Local Law No. 2 (2015). The public were able to view the proposed Governance Local Law No. 2 (2015) on Council’s website and at Council’s Customer Service Centres. The submission period was from the 5 March 2015 and closed at 5.00pm on 3 April 2015. No written submissions were received. Following the Ordinary Meeting of Council on 13 April 2015, Council officers will prepare another report to consider the making and adoption of the Governance Local Law No. 2 (2015) and Meeting Procedures Code at a future meeting of Council, the date to be determined.

RECOMMENDATION

That Council: 1. Notes that no submissions were received in respect of Council’s intention to

make a local law, Governance Local Law No. 2 (2015) incorporating the Meeting Procedures Code in accordance with section 119 and 223 of the Local Government Act 1989.

2. At its Ordinary Meeting of Council (date to be determined) consider the

adoption of Governance Local Law No. 2 (2015) and Meeting Procedures Code.

6.4


PROPOSED GOVERNANCE LOCAL LAW - CONSIDERATION AND HEARING OF SUBMISSIONS cont’d




CITY PLAN

This report is in line with Council’s City Plan key direction to “enable good governance and accountability with minimal risk”.

BACKGROUND

Under the Local Government Act 1989 (the Act) councils are required to make local laws governing the conduct of meetings of the Council and special committees. Banyule City Council’s existing Conduct of Meetings Local Law No. 2 (2005) ceases operation on 28 April 2015, and a new replacement Local Law is required to be adopted by Council. Accordingly, Officers have prepared a proposed Governance Local Law No. 2 (2015) incorporating the Meeting Procedures Code, as a replacement local law. It is proposed that the new General Local Law No. 1 (2015) will commence operation when the existing Local Law No. 2 (2005) – Conduct of Meetings is revoked. Council at its meeting on 2 March 2015 resolved to commence the necessary statutory procedures for making of the Local Law. That: 1. Council endorses, in principle, the proposed Governance Local Law No. 2

(2015) and incorporated Meeting Procedures Code; 2. Council endorses the proposed Local Law Community Impact Statement; 3. Council commences the statutory process for the making of the proposed

Governance Local Law No. 2 (2015) and its associated documents; 4. In accordance with sections 119 and 223 of the Local Government Act 1989,

Council gives notice in the Government Gazette, the Heidelberg and Diamond Valley Leader and on Council’s website stating: 4.1 the purpose and the general purport of the proposed Local Law;

4.2 that a copy of the proposed Local Law and incorporated documents,

proposed Local Law Community Impact Statement and associated documents, can be obtained from Council offices or from Council’s website;

4.3 that any person affected by the Local Law may make a submission relating to the proposed Local Law under section 223 of the Local Government Act 1989, and submissions will be received from 5 March 2015 until 3 April 2015;

4.4 that copies of submissions (including submitters’ names and addresses) will be made available at the Council meeting at which the above proposal will be considered. Council is also required to make submissions available for public inspection for a period of twelve months.

6.4




5. In accordance with section 223 of the Local Government Act 1989, submissions will be heard at the Ordinary Meeting of Council on Monday 3 April 2015 Following the Ordinary Meeting of Council on the 2 March 2015, Council gave Notice of its Intention to Make a Local Law in the Government Gazette (published on 5 March 2015), the Heidelberg and Diamond Valley Leader (published on 3 and 4 March 2015) and on Council’s website (with all relevant documents downloadable). All documents were available at Council’s three Customer Service Centres either for viewing or for collection by the public.



LEGAL CONSIDERATION

Section 119 of the Local Government Act 1989 provides that Council must give notice of its intention to make a Local Law in the Government Gazette and a public notice stating –

the purpose and general purport of the proposed Local Law

that a copy of the proposed Local Law and any explanatory document can be obtained from the Council office

that any person affected by the proposed Local Law may make a submission relating to the proposed Local Law under section 223 of the Local Government Act 1989

that a copy of the proposed Local Law

any explanatory document setting out prescribed details in relation to the Local Law is available for inspection at, and obtainable from the Council office during ordinary business hours.

Section 223 of the Local Government Act 1989 provides that Council must publish notice –

specifying the matter in respect of which the right to make a submission applies

containing the prescribed details in respect of that matter

specifying the date by which submissions are to be submitted, being a date which is not less than 28 days after the date on which the public notice is published

stating that a person making a submission is entitled to request in the submission that the person wishes to appear in person, or to be represented by a person specified in the submission, at a meeting to be heard in support of the submission

if a request for a submission has been made, the Council must—

provide the person with the opportunity to be heard in support of the submission in accordance with the request at a meeting of the Council or of a committee determined by the Council

fix the day, time and place of the meeting

6.4




give reasonable notice of the day, time and place of the meeting to each person who made a request.

SUBMISSIONS

At the closing of submissions on the 5 April 2015, no submissions have been received in accordance with section 119 and section 223 of the Local Government Act 1989.

CONCLUSION

In accordance with sections 119 and 223 of the Local Government Act 1989 opportunity has been provided for the community to make submissions in relation to the proposed Governance Local Law No. 2 (2015). Following the Ordinary Meeting of Council on 13 April 2015, Council officers will prepare another report to consider the making of the Governance Local Law No. 2 (2015) and Meeting Procedures Code at a future meeting of Council.

ATTACHMENTS

Nil

6.5



6.5 ASSEMBLY OF COUNCILLORS Author: Cindy Ho - Governance Officer, Corporate Services

File: F2014/337

EXECUTIVE SUMMARY

Under the Local Government Act 1989 an Assembly of Councillors is defined as:

A meeting of an advisory committee of the Council, if at least one Councillor is present or; A planned or scheduled meeting of at least half of the Councillors and one member of Council staff which considers matters that are intended or likely to be:

a) the subject of a decision of the Council or; b) subject to the exercise of a function, duty or power of the Council that has been

delegated to a person or committee. In accordance with Section 80A of the Local Government Act 1989 Council is required to report as soon as possible to an Ordinary Meeting of Council a record of any assemblies of Councillors held. Below is the latest listing of notified assemblies of Councillors held at Banyule City Council. RECORD OF ASSEMBLIES

1 Date of Assembly: 16 March 2015

Type of Meeting: Councillor Briefing

Matters Considered: Dinner RSL Presidents – Anzac Day Celebrations

Household Survey

The Mall Project Update

Councillors Present: Steven Briffa Mark Di Pasquale Rick Garotti Craig Langdon Tom Melican Jenny Mulholland Wayne Phillips

Staff Present: Simon McMillan – Chief Executive Officer Scott Walker – Director City Development Geoff Glynn – Director Assets & City Services Peter Utri – Acting Director Corporate Services Allister Crawford – Acting Manager Organisational Systems Joseph Tabacco – Manager Property & Economic Development Giovanna Savini – Manager Youth & Family Services Trish Hosking – Coordiantor Communications Michael Hutchison – Coordinator City Development Projects

Others Present: Dale Hubner – Metropolis Research Architect

6.5


ASSEMBLY OF COUNCILLORS cont’d


Conflict of Interest: Nil


Type of Meeting: Confidential Briefing - Strategic Property Group

Matters Considered: Confidential Property Matters

Councillors Present: Steven Briffa Mark Di Pasquale Craig Langdon Tom Melican Jenny Mulholland Wayne Phillips

Staff Present: Scott Walker – Director City Development Joseph Tabacco – Manager Property & Economic Development Michael Hutchison – Coordinator City Development Projects Jeanette Kringle – Coordinator Property Operations

Others Present: Nil



Type of Meeting: Confidential Councillor Briefing

Matters Considered: Proposed Developments


Staff Present: Simon McMillan – Chief Executive Officer Scott Walker – Director City Development Geoff Glynn – Director Assets & City Services Peter Utri – Acting Director Corporate Services Michael Hutchison – Coordinator City Development Projects

Others Present: Nil



6.5





Matters Considered: Items on the Council Agenda for the Ordinary Meeting of 23 March 2015 (excluding confidential items) as listed below:

2.1 Rosanna Road and Darebin Street - Proposed School Crossing Supervisor

2.2 "Victoria Cross" Estate, Macleod - Improving Recognition of the Victoria Cross Recipients Street Names

3.1 Urban Forest Plan

4.1 North East Link - Quarterly Report

4.2 Review of Traffic around Loyola College, Watsonia

4.3 Alphington Paper Mills Proposal

4.4 Bell Street Mall - A Safer Mall

4.5 Proposed Changes to the Planning and Environment Regulations

4.6 Conversion of an existing dwelling into two attached dwellings at 16 Odenwald Road, Eaglemont

5.1 Multicultural Advisory Committee Meeting Minutes - 5/2/2015

5.2 LGBTI Advisory Committee Meeting - Minutes - 10/2/2015

5.3 Minutes - Disability and Inclusion Advisory Committee Meeting - 28/1/15 & 18/2/2015

5.4 Appointment of Councillor to the Municipal Association of Victoria (MAV) Committee

6.1 VAGO Report - Effectiveness of Support for Local Government Report

6.2 VAGO Report - Local Government Results of the 2013-14 Audits

6.3 Protected Disclosures - Banyule awarded Gold Star by Independant Broad Based Anti Corruption Commission (IBAC)

6.4 Councillor Strategic Planning Session

6.5 Tenancy 1 and Tenancy 2 460 Lower Heidelberg Road Heidelberg - Proposed Change of Use

6.6 22 and 24 Peters Street Watsonia - Notice of Intention to Sell

6.7 Adoption of Proposed General Local Law No. 1 (2015)

6.8 Reallocation of 2014/2015 Local Roads Resheeting Program Funding

6.9 Councillor Motions - Status Update

6.10 Assembly of Councillors

6.5




8.1 Divestments

8.2 Auditor General's Review into the Effectiveness of Support for Local Government

8.3 Mayoral Duties and Attendances

8.4 Survey on Council Performance

8.5 Opposition to Legalisation of Mixed Martial Arts

9. General Business Banyule Festival 10. Urgent Business Livingstone Street Ivanhoe, Lease to Seacrest Pty Ltd

Councillors Present: Steven Briffa Mark Di Pasquale Rick Garotti Craig Langdon Tom Melican

Staff Present: Simon McMillan – Chief Executive Officer Allison Beckwith – Director Community Programs Scott Walker – Director City Development Geoff Glynn – Director Assets & City Services Peter Utri – Acting Director Corporate Services Gina Burden – Manager Governance & Communications Daniel Kollmorgen – Manager Transport, Sustainability & Municipal Laws Emily Outlaw – Council Governance Liaison Officer Joseph Tabacco – Manager Property & Economic Development Joel Elbourne – Manager Urban Planning & Building Paul Fitzgerald – Open Space Planning Project Officer Peter Benazic – Manager Parks and Gardens Jan Richardson – Coordinator Cemeteries

Others Present: Nil




Matters Considered: LaTrobe Employment Cluster Framework Plan

Councillors Present: Steven Briffa Mark Di Pasquale Craig Langdon Tom Melican Jenny Mulholland

6.5




Staff Present: Simon McMillan – Chief Executive Officer Allison Beckwith – Director Community Programs Scott Walker – Director City Development Geoff Glynn – Director Assets & City Services Peter Utri – Acting Director Corporate Services Joel Elbourne – Manager Urban Planning & Building

Others Present: Peter Seamer- CEO (Metropolitan Planning Authority) Paul Byrne – (Metropolitan Planning Authority) Lucy Botta – (Metropolitan Planning Authority)



Type of Meeting: Confidential Councillor Briefing

Matters Considered: Confidential matter which the Council considers may prejudice the Council or other person


Staff Present: Simon McMillan – Chief Executive Officer Allison Beckwith – Director Community Programs Scott Walker – Director City Development Geoff Glynn – Director Assets & City Services Peter Utri – Acting Director Corporate Services

Others Present: Nil


RECOMMENDATION

That the Assembly of Councillors report be received.

ATTACHMENTS

Nil

8.1

Notice of Motion


8.1 ANZAC DAY EVENTS - TIME CAPSULES Author: Cr Craig Langdon

Ward: Bakewell & Ibbott

File: F2015/167

TAKE NOTICE that it is my intention to move:

“That two time capsules be created covering the events leading up to and including

Anzac Day 2015 and any related news or memorabilia to be placed at Memorial Park, Greensborough and the Victoria Cross Estate, Macleod.”

Explanation It is fitting to commemorate recipients of the Victoria Cross (VC) Medal in particular Jacka who received his Victoria Cross on May 19th 1915. It would be appropriate to organise a dedication at the "roundabout" opposite the train station on the anniversary date. This dedication will include three signs outlining the nine recipients of the VC and a rock wall similar to that in Malahang Reserve signifying that the area is called the Victoria Cross Estate. It will also be fitting to include time capsules. Time capsules are created to commemorate an event or to capture a moment for the future. To honour and remember the occasion, Council could create two time capsules covering the events leading up to and including Anzac Day 2015 and any related news or memorabilia. Usually capsules are buried, located in specially-designed building cavities or placed in vaults or safety deposit boxes. One such capsule should be included in the VC Estate event to be held later in the year and the other at Memorial Park, Greensborough.

CR CRAIG LANGDON Olympia Ward

ATTACHMENTS

Nil