banyule city council agenda 10 november 2014

Ordinary Meeting of Council

Council Chambers, Service Centre

275 Upper Heidelberg Road, Ivanhoe

10 November 2014 commencing at 7.45pm

Following the public forum commencing at approximately 7.30pm and may be extended 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 Cr Steven Briffa

Confirmation of Minutes Ordinary Meeting of Council held 20 October 2014 Special Meeting of Council held 28 October 2014

Disclosure of Interests Nil

1. Petitions

Nil

REPORTS:

2. People – Community Strengthening and Support

2.1 Montmorency-Eltham RSL Electronic Gaming Machine increase proposal: Council response to the Victorian Commission for Gaming and Liquor Regulation (VCGLR) ............................................................... 5

3. Planet – Environmental Sustainability

Nil

4. Place – Sustainable Amenity and Built Environment

4.1 Lease of Part of Chelsworth Park to Ivanhoe Grammar School ............................ 15

AGENDA (Cont’d)

Ordinary Meeting of Council - 10 November 2014

4.2 Lower Heidelberg Road, Ivanhoe East - Parking Availability for Residents .............................................................................................................. 22

4.3 14 Scotts Parade Ivanhoe - Sale of Land - Hearing of Submissions ............................................................................................................................. 26

4.4 North East Link - Quarterly Report ........................................................................ 29

4.5 Willa Avenue Viewbank - Drainage Improvement Works to Address Overland Stormwater Flow ...................................................................... 33

4.6 198 Sherbourne Road, Montmorency - Request for Extension of Time to commence under the Permit .................................................................... 36

4.7 193 Liberty Parade Heidelberg West (known as 233 Southern Road Heidelberg West) - Proposed two lot subdivision, removal of restrictive covenant and creation of a municipal reserve ....................................... 41

5. Participation – Community Involvement in Community Life

5.1 Multicultural Advisory Committee Meeting Membership ........................................ 51

6. Performance - Use Our Resources Wisely

6.1 Assembly of Councillors ........................................................................................ 55

6.2 27A Cherry Street Macleod - Proposed Sale of Land - Hearing of Submissions ......................................................................................................... 59

6.3 Rezoning 22 and 24 Peters Street, Watsonia ....................................................... 65

6.4 55-59, 61 and 63 Main Street Greensborough - Proposed sale of land ....................................................................................................................... 69

6.5 Review and Update of Delegations ....................................................................... 74

6.6 School sites project update and outcome of Request for Tender process: 229 Banksia Street, Ivanhoe (former Bellfield Primary School) ................................................................................................................. 79

7. Sealing of Documents

7.1 Sealing of Documents .......................................................................................... 85

8. Notices of Motion

8.1 Compact with Somali Community ......................................................................... 87

8.2 Council Assisted Organisations ........................................................................... 88

8.3 Burgundy Street, Heidelberg, Footpath Rehabilitation Works ................................ 89

8.4 Annual Christmas Carols ...................................................................................... 90

8.5 Establishment of a Volunteer Awards Working Group ........................................... 91

8.6 Multicultural Citizen of the Year ............................................................................ 92

8.7 Seniors Booklet ..................................................................................................... 93

9. General Business

10. Urgent Business

Closure of Meeting to the Public That in accordance with Section 89(2) of the Local Government Act 1989, Council close the Meeting to members of the public and adjourn for five minutes to allow the public to leave the Chamber prior to considering the following confidential matter

11. Confidential Matters

11.1 contractual matters.

AGENDA (Cont’d)


Matters Discussed in Camera That all confidential matters and reports related to the above items remain confidential unless otherwise specified.

Closure of Meeting

2.1

People – Community Strengthening and Support


2.1 MONTMORENCY-ELTHAM RSL ELECTRONIC GAMING MACHINE INCREASE PROPOSAL: COUNCIL RESPONSE TO THE VICTORIAN COMMISSION FOR GAMING AND LIQUOR REGULATION (VCGLR)

Author: Theonie Tacticos - Team Leader Community & Social Planning,

Community Programs

Ward: Hawdon

File: F2014/313

SUMMARY

The Montmorency-Eltham RSL made an application on 3 September 2014 to the Victorian Commission for Gaming and Liquor (VCGLR) to increase their Electronic Gaming Machines (EGMs) by 43%, from 35 to 50 EGMs. The documents lodged with the VCGLR also include a $1 million renovation. The aim of this report is to present Council’s submission to the VCGLR which has very short timelines. However, Council’s consideration of the matters at hand, namely the proposed $1 million renovation of the Montmorency RSL building (which is on Council owned land) and 43% increase in EGMs is ongoing and will be thoroughly assessed through the planning permit process which has only just commenced. The planning permit for the renovation and EGM increase was lodged with Council on 6 October 2014. The process to assess the planning permit has only just commenced, and will continue into 2015. The VCGLR is only one of a number of decision making points regarding the EGM increase, but is one that is likely to be favourable. If Council does not make an objection to the VCGLR, this may be construed by the community and the Montmorency-Eltham RSL as tacit approval of the EGM increase and the renovation. This places Council at risk of being seen to make a decision without a clear and transparent process which includes community consultation. The RSL has submitted their Social and Economic Impact Assessment (SEIA) in the VCGLR application rather than providing this directly to Council as requested in 2013, allowing little opportunity for Council or community consideration of the potential impacts of the proposals. This report presents Council’s submission to the VCGLR for approval before the lodgement which is due 11 November 2014.

OFFICER DECLARATION OF CONFLICT OF INTEREST

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.

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MONTMORENCY-ELTHAM RSL ELECTRONIC GAMING MACHINE INCREASE PROPOSAL: COUNCIL RESPONSE TO THE VICTORIAN COMMISSION FOR GAMING AND LIQUOR REGULATION (VCGLR) cont’d


CITY PLAN

This report is in line with Council’s City Plan People Policy, key direction to “promote and support health and wellbeing”.

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 raise issues relating to the Charter, specifically “the right to protection of families and children”. This right includes matters which impact and affect the welfare of children within the family, and there has been much debate and research into the effects of EGMs and gambling on the welfare of families and children.

BACKGROUND

On 3 September 2014, Council received the Montmorency-Eltham RSL submission to the VCGLR to increase their EGMs by 43%, from their 35 to 50 EGMs. Council has been aware of the RSL intentions to increase their EGMs and undertake renovations since mid-2013. Several meetings have occurred where Council has advised the RSL that Council requires a Social Economic Impact Assessment to understand the specifics of their plans, and thus make an informed decision regarding whether their proposals provide a net community benefit. The following Council resolution was adopted on 6 May 2013:

Council Resolution CO2013/1 that Council advise the Montmorency-Eltham RSL that the proposal for increased gaming machines will be considered having regard to the Council policy and the detailed submissions prepared by the RSL and any community feedback before a final Council position is reached.

As a planning permit is also required for both the renovations and the increase in EGMs, the RSL was advised to conduct a Social and Economic Impact Assessment and lodge a planning permit application to enable the detailed assessment of their application to occur together with community consultation. However, rather than lodging the planning application for their renovation and the Social Economic Impact Assessment to Council, the Montmorency-Eltham RSL has instead lodged their application to the VCGLR which triggers a very short timeframe in which Council has to respond and:

Advise the VCGLR whether Council will lodge a response to the RSL application by the close of business on 19 October 2014.

Lodge Council’s written response to the RSL application by close of business on 11 November 2014.

Attend the VCGLR hearing on 2 December 2014

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At a Councillor Briefing on 13 October 2014, Councillors were advised that it is intended to lodge a response to the RSL application to the VCGLR, as failure to do so could be construed as tacit approval ahead of the more thorough and robust planning permit process. Council was also advised that a written response to the VCGLR would be presented to Council for consideration prior to submission to the VCGLR. This is presented in Attachment 2. It is noted that the role of the RSL is to serve and support returned service personnel and their families, and commend the RSL for their activities. Indeed the Council has supported and worked collaboratively with the RSL for many years – as evidenced by the fact that the RSL is located on Council owned land. Therefore, Council is the landowner of the premises within which the increased EGMs is to be located. Council’s focus with the submission to the VCGLR is to present Council’s initial assessment of net community benefit associated with the increase in EGMS, the proposed renovations and the increased patronage that these changes are designed to generate. Council’s focus is also upon the considerable number of other users of the Petrie Park and adjoining Rattray Reserve, where the RSL is situated. It is unfortunate and concerning that the RSL did not follow the Council’s request and advice in 2013 to submit the Social Economic Impact Assessment to Council first, along with the planning permit for the renovations and increase in EGMs, to allow for adequate community consultation to properly assess benefits and harms associated with the application. It is considered that the RSL’s Social Economic Impact Assessment presents only partial information as there has not been sufficient time to include the wider community input. This is now being undertaken as a part of the planning permit process, which has only just commenced with the lodgement of the planning permit to Council on 6 October 2014 for the renovation to the building as well as the increase in EGMs.

CURRENT SITUATION

The Montmorency-Eltham RSL operates from the building located on the Council-owned land known as Petrie Park, located at 12-28 Mountain View Road Montmorency, identified on the locality plan in Figure 1 below. The building was originally constructed by the former Montmorency RSL Sub-Branch Inc in the 1960’s and has been renovated and extended on a number of occasions since that time. The building has a floor area of approximately 445m2 in total, which includes a gaming area, bistro, offices, kitchen and amenities. Montmorency-Eltham RSL is an approved gaming venue with a total of 35 machines within a restricted gaming area. A Full Club Liquor Licence is in place.

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Figure 1 – Locality Plan showing the location of the Montmorency-Eltham RSL building

As previously indicated the building is located on Council-owned land. A ground lease has been in place for many years, firstly with the former Eltham Council and then from this Council. A new ten (10) year lease was signed between Council and the Montmorency-Eltham RSL in 2014. Any changes to the number of EGMs being operated by the Montmorency-Eltham RSL will require a variation to the lease agreement to be made.

Overview of Gambling in Banyule

There are currently 11 venues operating a total of 651 EGMs within Banyule. In 2011/12 nearly $58 million was lost on EGMs by the community in Banyule. This equates to $581 for every adult in Banyule, which is close to the Victorian average. The Montmorency-Eltham RSL currently operates 35 of these EGMs and takes more than $1.4 million per year from the community. The current proposal is based on the

http://www.google.com.au/url?sa=i&rct=j&q=&esrc=s&frm=1&source=images&cd=&cad=rja&uact=8&ved=0CAcQjRw&url=http%3A%2F%2Fvscmaps.wr.usgs.gov%2Fyellowstone%2Fdefault.aspx&ei=aG5ZVP-hBoKdmwWCp4GICA&bvm=bv.78677474,d.dGY&psig=AFQjCNECvzI6pjThSUM2s5hHTrgatPrHbA&ust=1415233501704256

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RSL’s view that they require more than $2 million losses per year from the community to assist in their operations. The Heidelberg RSL closed in January 2013, and had previously operated 25 EGMs. In March 2013 the Montmorency-Eltham RSL committee agreed to secure the entitlements for 15 of the 25 EGMs held by the Heidelberg RSL (subject to the approval sought from the VCGLR and Council). Whilst the Montmorency proposal represents an overall decrease in the municipality of 10 machines (i.e. only 15 of the 25 Heidelberg RSL EGMs) – it will be an increase of 15 within the Montmorency area. Furthermore, the EGMs at Montmorency take a higher loss from the community per machine than the EGMs at Heidelberg. These greater losses per machine are expected to continue if the EGMs are placed at Montmorency. Heidelberg’s 25 machines resulted in losses of $353,563 for the year (an average of $14,143 per machine). The Montmorency-Eltham RSL estimates once installed in their premises, these 15 EGMs will generate $43,577 per machine. Thus the additional 15 EGMs will generate $653,655, taking the total losses from the community to more than $2 million per year at the Montmorency-Eltham RSL. Therefore the increase in machines at Montmorency will have a more deleterious effect on the community than at Heidelberg.

POLICY CONSIDERATIONS

Council adopted its Electronic Gaming Machine Policy in June 2014. It was developed in consultation with a range of stakeholders including service providers, law enforcement agencies and members of the community. The Policy adopts a public health approach to gambling and is designed to prevent and/or minimise potential harmful social and economic impacts of gambling. Banyule’s Electronic Gaming Machine Policy 2014 includes a series of statements which explain the Council’s position, expectations and opportunities to collaborate on matters associated with EGMs within and around the municipality. The Policy explains the importance and role of Social and Economic Impact Assessments (SEIA), makes clear Council’s position around its various roles and commits support to the development of implementation guidelines, to help navigate the application process. The SEIA is a critical component to allow both the community and Council to properly understand and assess the expected harms and benefits to the local community from any proposed EGM increase. Approval will only be granted if net community benefits outweigh harms. Policy Discussion Whilst the VCGLR also requires the submission of a Social and Economic Impact Assessment – their identification and consideration of community benefits and harms is such that 99% of applications are approved. For example, the VCGLR assessment of community benefit includes items more akin to marketing (for example meal and drink vouchers). VCGLR assessments of community benefit also include expenses that are ordinarily met by other businesses through their operating revenue, such as renovations.

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Council’s assessment of the application from the RSL will be made through the planning permit process, which Council believes is a much more thorough and robust process which allows community input and discussion into the identification of community benefits and harms thought to arise from the proposed renovation and increase in EGMs.

TECHNICAL CONSIDERATIONS

Overview of Decision Making Processes The VCGLR is only one of a number of decision making points (and one that is likely to be favourable to the Montmorency RSL application to increase their EGMs). However, not making an objection to the VCGLR may be construed by the community and the Montmorency-Eltham RSL as tacit approval of the EGM increase and the renovation. This places Council at risk of being seen to make a decision without a clear and transparent process, and one that has excluded community input. Importantly, Council’s consideration of the matters at hand, namely the proposed $1 million renovation of the Montmorency RSL building (which is on Council owned land) and 43% increase in EGMs is ongoing and will be thoroughly assessed through the planning permit process which has only just commenced. The planning permit for the renovation and EGM increase was lodged with Council on 6 October 2014. The process to assess the planning permit has only just commenced, and will continue into 2015. Other issues to be considered The following are other issues to be considered by Council:

Lease Council in its capacity as land owner, leases part of its land at 12-24 Mountain View Road Montmorency to the RSL. The ‘permitted use’ in the lease limits the number of gaming machines to 35. A request to amend the ‘permitted use’ to increase the number of EGMs to 50 would necessitate a variation to the lease. Council would be obliged to give public notice of a proposal to vary the lease and invite submissions from the public. To date no request to vary the terms of existing lease by increasing the number of EGMs permitted has been received.

Limited consultation with other users of the local amenities Council’s Early Years department have advised that no communication or consultation has occurred with the Maternal Child Health Centre and preschool that are adjacent on the site.

Rattray Reserve & Petrie park master plan about to commence A Master Plan for Petrie Park/Rattray Reserve is currently being developed to examine existing and anticipated services and infrastructure between the two reserves and between user groups in the area. The Master plan will involve some consultation with the users of the parks and facilities over the coming months. It is anticipated that the Masterplan will be completed March 2015.

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RSL Grants The contribution to the community grants scheme is one of the ways that RSLs demonstrate that a small portion of the millions of dollars that they collect from gaming losses are put back into the community. They are mandated by law to do so however the proportion is still less than that of commercial operator’s contributions to the community support fund. Council manages the community grant processes for the Montmorency-Eltham RSL and the Greensborough RSL clubs.

Summary of the RSL proposal (from their application to the VCGLR) The Montmorency-Eltham RSL generates $1.4 million profit annually from its existing 35 EGMs (i.e. this is the amount that the community lose in the Montmorency-Eltham RSL EGMs every year). The additional 15 EGMs are expected to generate an additional $653,655 profit per year, taking the Montmorency-Eltham RSL profits from EGMs to $2,053,655 every year. Like all EGM increase applications, the RSL documents to the VCGLR claim that this increase will not be new losses by the community, but diverted from existing EGM venues as more people will go to the Montmorency-Eltham RSL instead of going to other local venues. Although not officially stated as a part of the application, part of the RSL’s rationale for the increase in EGMs is to minimise the amount of tax they pay to the State Government, as the formula is based on the number of machines at the venue. The 15 new EGMs are part of the RSL allotment that was previously at the Heidelberg RSL which has now closed. As stated in their VCGLR application, the Montmorency RSL intends to use the additional funds generated by the increase of 15 EGMs to:

Fund two renovations to the building

An immediate $1 million refurbishment – largely internal, although there are some outside changes.

Increase the work and activity of their welfare officer - although no time fraction or money amount is noted. This currently includes voluntary staff and a part time officer

Strengthen their activity as a community hub with the additional space provided in their renovation - although no details are provided as to how this will be done

·Increase their contribution to the community grants scheme that Council manages for them from $35,000 to $50,000. This maintains their commitment at $1000 per machine.

Summary of Concerns A more detailed explanation of the concerns with the RSL application is contained in Attachment 2 – Proposed submission to the VCGLR. However a brief overview is provided below. There are five concerns identified and six challenges to the claims of community benefit arising from the 43% increase in EGMs. The five concerns are summarised as follows 1. Accessibility - The venue is in a community hub which goes against the

guidelines.

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2. Accessibility – no greenline has been included in the proposed site plan. There is also confusion as the amended plans submitted to the VCGLR on 24 October 2014 relate to a different site. These are also different to the plans lodged with Council on 6 October 2014 as a part of the planning permit. Thus three separate plans have been submitted for the same renovations.

3. Some of the identified ‘community benefit’ are in fact marketing tools –

Some of the stated and proposed community contribution is unclear and not targeted to benefitting the community.

4. Accessibility – machine density is already high. The identified catchment

area is already too close to the statewide cap of 10 EGM per 1000 adults. 5. Community detriment – Rates of problem gambling are significant in Banyule.

A higher than expected proportion of Banyule residents use Gamblers Help in the North.

The six challenges to community benefits identified by the RSL are summarised as follows.

1. Insufficient assessment of community benefits & harms Council’s view is that the RSL’s Social Economic Impact Assessment presents only partial information as there has not been sufficient time to include the wider community input, and properly assess benefits and harms associated with the application.

2. Insufficient detail is provided on the community benefit Many of the community benefits within the application are based on the broad role of the RSL, without detail provided. More specific information is needed to assess whether the community benefits do indeed outweigh the harms. 3. “Taking money from the community is necessary to serve the community better.” This view expressed by the RSL applicant that they need to take more money from the community to be able to serve the community better seems contradictory. 4. Transfer of 95% expenditure from other EGM venues is overly optimistic The Applicant’s Expenditure Report indicates that the additional revenue from the 15 EGMs will be approximately $653,655, taking the total losses from the community to more than $2 million per year. The 95% transfer rate seems overly optimistic. 5. These 15 EGMs will generate more loss per machine than was the case at Heidelberg RSL (i.e. $43,577 per machine compared to $14,143) This application is for 15 of the 25 EGMs that were previously at the Heidelberg RSL, which closed in January 2013. Whilst the Montmorency proposal represents an overall decrease in the municipality of 10 machines (i.e. only 15 of the 25 Heidelberg RSL EGMs), there will be an increase in overall community loss to EGMs in financial terms i.e. $653,655 per year compared to $353,563 per year.

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6. Car Parking & Traffic Congestion There is already considerable congestion at the site, which will be exacerbated if there is greater use of the RSL facilities. The combination of parking and traffic congestion with toddlers and small children is hazardous.

TIMELINES

There is a pressing deadline for the submission of Council’s report to the VCGLR which is due 11 November 2014. This is included as Attachment 2. The Planning Permit process has only just commenced as the lodgement occurred on 6 October 2014, and will continue into 2015. A letter of itemised issues of concerns and requests for further information was sent on 31 October 2014

RECOMMENDATION

That Council:

1. Endorse:

a) Banyule’s submission to the Victorian Commission for Gaming and Liquor (Attachment 2) to be submitted by 11 November 2014

b) Banyule City Council’s presentation at the Victorian Commission for Gaming and Liquor to be based on the report in Attachment 2.

2. Note the continuing nature of the Planning permit application for the renovation and EGM increase and that this process will be used to clarify and confirm Council’s position regarding the proposed renovation and EGM increase.

3. Further note the continuing nature of the Master Plan being developed for Petrie Park and Rattray Reserve.

ATTACHMENTS

No. Title Page

1 Banyule Electronic Gaming Machine Policy 2014 96

2 Draft Council Submission to the VCGLR re Montmorency-Eltham RSL proposal to increase Electronic Gaming Machines

102

4.1

Place – Sustainable Amenity and Built Environment


4.1 LEASE OF PART OF CHELSWORTH PARK TO IVANHOE GRAMMAR SCHOOL

Author: Tom Zappulla - Leisure Facilities, Place & Partnership Co-Ordinator,

Community Programs

Ward: Griffin

File: BS28/015/055

Previous Items Council on 4 August 2014 (Item 4.2 - Public Notice advertising period of the

proposed Lease of Part of Chelsworth Park to Ivanhoe Grammar School)

Council on 6 October 2014 (Item 1.2 - The lease of Part of Chelsworth Park to The Ivanhoe Grammar School)

EXECUTIVE SUMMARY

Following the resolution of Council in July 2012 officers have been negotiating a lease proposal with Ivanhoe Grammar School in respect of the Council-owned land, tennis courts and improvements known as Chelsworth Park located at 18-28 Irvine Road, Ivanhoe. In accordance with the procedures of S223 of the Local Government Act (the Act) Council advertised its intention to enter into a proposed lease with Ivanhoe Grammar School in The Heidelberg Leader and on Council’s website in August 2014. Of the sixty five (65) written submissions received, thirty eight (38) were in support of the proposed lease and twenty seven (27) were against the proposed lease. The submissions received were considered at the Ordinary Council meeting held on 6 October 2014. This meeting also provided the opportunity for persons to be heard on behalf of their submissions. A petition supporting the Lease with 122 signatures was also presented to Council at the meeting on the 6 October 2014. A total of ten (10) people addressed Council regarding their submissions and the agenda item at the Council meeting on 6 October 2014. The key themes from the speakers and their submissions are summarised as:

Length of Tenure: The lease term is too long and should include review periods.

Public Access: Public access and community access should be priority for any lease or arrangement with the school.

Rates and Financial Management: Rental figures and rental reviews dates are inappropriate and should be reviewed and renegotiated with IGS.

Following the review of all submissions, officers recommend that Council consider adjustments to the proposed lease. A summary of these amendments is provided below with a detailed list of amendments provided in the report:

a. Updated Survey plan to represent the current scout lease area b. Inclusion of the current allocation of hours and schedule of use in the proposed

lease c. Inclusion of casual users enquiry and casual users allocations within the Key

Performance Indicator report d. Inclusion of the extra definition of ‘casual user’ in the lease, incorporating a

review of definitions throughout the document.

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LEASE OF PART OF CHELSWORTH PARK TO IVANHOE GRAMMAR SCHOOL cont’d


Council’s legal advisers together with officers have updated the proposed lease and subject to Council’s decision, officers will facilitate the grant of the lease with Ivanhoe Grammar School in respect of the Council-owned land, tennis courts and improvements known as Chelsworth Park located at 18-28 Irvine Road, Ivanhoe. OFFICER DECLARATION OF CONFLICT OF INTEREST


CITY PLAN

This report is in line with Council’s City Plan key direction to “enhance Banyule’s public and open spaces”.

BACKGROUND

Council has a current lease arrangement with the Ivanhoe Grammar School (IGS) for the six (6) playing surfaces and two (2) pavilions located at Chelsworth Park which expired on 3 November 2014, and is currently in over hold. In July 2012, Council resolved to negotiate a new twenty (20) year lease (with a further ten (10) year option) with the IGS. Reports and briefings relating to the lease with IGS have been presented since this date. A Chelsworth Park Information document was distributed to the community in September 2013 outlining Council’s intention to re-new the lease with IGS, providing information about the Storm Water Harvesting Project and also included information regarding the Ivanhoe Golf Course and Chelsworth Park Tennis Club. A petition (484 signatures) regarding the proposed lease of Chelsworth Park to IGS was submitted by members of the community at the Council meeting on the 7 October 2013. In December 2013, Council endorsed a proposed Community Meeting scheduled for 19 February 2014. Petition signatories and key representatives from Chelsworth Park sporting clubs were invited and a second Frequently Asked Question (FAQ) document including all financial information was distributed to all petition signatories and resident club representatives prior to the meeting. The information session was held at The Centre Ivanhoe and forty (40) people attended. Meeting minutes and updates regarding the development of the proposed lease were distributed to meeting attendees in May 2014. A tour of Chelsworth Park and respective facilities was also hosted by Council on 15 June 2014 with eleven (11) community members attending. The tour was well received and assisted in developing a better understanding of the proposed lease.

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Council also received a digital petition in relation to the proposed lease of Chelsworth Park with IGS on the 8 July 2014. A report noting this petition was received by Council. Since Council resolved to negotiate a new 20 year lease (with a further 10 year option) with the IGS, a number of key concerns have been identified by members of the community. These key concerns include:

the ongoing management of the en-tout-cas tennis courts

proposed rental fees of the proposed lease considering the value of the land

the length of term of the proposed lease

perceived changes to public access to parklands

access to concrete tennis courts

Council not administering bookings for sporting reserves

IGS receiving all seasonal allocation fees from tenant clubs

that other management models for Chelsworth Park had not been considered

non-delivery of capital works and maintenance obligations

lack of understanding regarding the Storm Water Harvesting Project and water use

maintenance of main drains and waterways

lack of lease monitoring Council has acknowledged these concerns and during the proposed lease negotiation phase a number of amendments to the proposed lease have been made to address some of these. A further Frequently Asked Question document was distributed in August 2014 during the public notice period outlining the key issues within the proposed lease and informing the community how they can engage in the process during the public notice period. A petition supporting the Lease with 122 signatures was received on 19 September 2014. This petition was noted at the ordinary meeting of Council on the 6 October 2014.

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Locality Plan


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.

FUNDING IMPLICATIONS

Financial details regarding the lease between Council and IGS were made available at the Council meeting in November 2013. The proposed lease will incorporate an upfront financial contribution towards the Chelsworth Park Storm Water Harvesting Project (SWHP) of $1,000,000 for the first 20 years of the lease. An agreed rental will be paid over the last 10 year period if the further option is exercised. Outlined below is the financial arrangement agreed between Council and IGS.

Contribution Amounts Cumulative Contribution

Timings for Payment

$250,000 $250,000 On signing of lease

$250,000 $500,000 1 May 2015

$125,000 $625,000 1 November 2015

$125,000 $750,000 1 May 2016

$125,000 $875,000 1 November 2016

$125,000 $1,000,000 1 May 2017


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The rental fee for the further ten year option will commence at $50,000 per annum with an indexed increase of 4% each year. The following table indicates rental fee appropriate to each year.

Amounts Cumulative Cost over period of Further Lease Term

Timings for Payment

$50,000 $50,000 1 November 2035

$52,000 $102,000 1 November 2036

$54,080 $156,080 1 November 2037

$56,243 $212,323 1 November 2038

$58,493 $270,816 1 November 2039

$60, 833 $331,649 1 November 2040

$63,266 $394,915 1 November 2041

$65,797 $460,712 1 November 2042

$68,429 $529,141 1 November 2043

$71,166 $600,307 1 November 2044

LEGAL CONSIDERATIONS

Section 190 of the Local Government Act 1989 (Act) provides the Council must give public notice of its intention to enter into a Lease. At the Ordinary Meeting of Council on 4 August 2014 Council resolved to: 1. Authorise the giving of public notice, pursuant to section 190 of the Local

Government Act 1989, of its intention to enter into a 20 year lease with Ivanhoe Grammar School in respect of the Council-owned land, tennis courts and improvements known as Chelsworth Park located at 18-28 Irvine Road, Ivanhoe.

2. Consider any submissions received in accordance with section 223 of the Local

Government Act 1989 at a future meeting of the Council. The lease was advertised in The Heidelberg Leader and on Councils website. Members of the public were given the opportunity to view the lease during the 28 day advertising period which started on the 12 August 2014 as per section 223 of the Local Government Act 1989 and had the opportunity to provide a written submission to Council by 9 September 2014. The lease public notice period was extended to 19 September 2014, allowing further opportunity for submissions. Pursuant to section 223 of the Act Council must invite submissions from the public and provide the opportunity for submitters, who include in their submission a request to be heard in support of their submission, to be heard before a meeting of Council. SUBMISSIONS At the conclusion of the public notice period, Council received a total of sixty five (65) submissions. Thirty eight (38) are in support of the proposed lease and twenty seven (27) are against the proposed lease. The Council Meeting on 6 October provided an opportunity for submitters to speak, with four submitters nominating to speak. All submissions were Banyule based residents.

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Copies of all submissions were distributed to all Councillors as well as a summary document.

CURRENT SITUATION

At the Ordinary Meeting of Council on 6 October 2014, ten (10) people addressed Council regarding their submissions and the nominated agenda item. Two (2) during general speaking time, four (4) regarding the petition submitted and lastly four (4) regarding the nominated agenda item. The key themes from the speakers and their submissions are summarised as:

Length of Tenure: The lease term is too long and should include review periods.

Public Access: Public access and community access should be priority for any lease or arrangement with the school.

Rates and Financial Management: Rental figures and rental reviews dates are inappropriate and should be reviewed and renegotiated with IGS.

Following the review of all submissions officers recommend that Council consider adjustments to the lease. A summary of these amendments is provided below with a detailed list of amendments provided in Attachment 1:

a. Updated Survey plan to represent the current scout lease area b. Inclusion of the current allocation of hours and schedule of use in the proposed

lease c. Inclusion of casual users enquiry and casual users allocations within the Key

Performance Indicator report d. Inclusion of the extra definition of ‘casual user’ in the lease, incorporating a

review of definitions throughout the document. Updated Survey plan to represent the current scout lease area

Council Lawyers and officers have updated the proposed lease (Attachment 2) including recommended minor amendments At Council’s direction, officers will facilitate the grant of the lease with Ivanhoe Grammar School in respect of the Council-owned land, tennis courts and improvements known as Chelsworth Park located at 18-28 Irvine Road, Ivanhoe.

CONCLUSION

The proposed lease has been developed taking into consideration concerns raised during the community consultation and public notice period. The amended proposed lease addresses many of the community concerns. The lease protects and enhances an important community asset and the document specifies thorough management and reporting structures, affording Council the correct mechanisms to monitor and manage the lease on behalf of the Banyule Community.

4.1




RECOMMENDATION

That Council:

1. Having heard submitters and considered submissions received in relation to Council’s intention to lease the land and buildings at 18-24 Irvine Road Ivanhoe, known as Chelsworth Park (Land) to The Ivanhoe Grammar School (School) in accordance with sections 190 and 223 of the Local Government Act 1989 at its Ordinary Meeting of 6 October 2014, approves the grant of the lease of the Land to the School for the following reasons:

a. the significant financial contribution that the School will make to the Regional Storm Water Harvesting Project; and

b. the significant financial contribution that the School will make to capital works and environmental improvements to the Land, and the repair and maintenance of the Land during the term of the lease;

2. Notify the submitters of the decision and the reasons for the decision. 3. Authorises the affixing of the Common Seal of Council to the Lease of the Land to

the School for a period of 20 years commencing on 11 November 2014.

ATTACHMENTS

No. Title Page

1 Lease Amendment Schedule 117

2 Chelsworth Park Lease: Amended Draft October 2014 118

4.2



4.2 LOWER HEIDELBERG ROAD, IVANHOE EAST - PARKING AVAILABILITY FOR RESIDENTS

Author: Ana Caicedo - Project Engineer, City Development

Ward: Griffin

File: F2014/704

EXECUTIVE SUMMARY

This report considers a number of requests included in a multi-signatory letter from residents of Lower Heidelberg Road, Ivanhoe East, requesting Council to conduct an independent traffic study of the area. Residents have raised concerns in regard to on-street parking availability and the impact of traffic and parking resulting from new development in the area. This report presents an interim investigation of the on-street parking demand, and recommends the installation of timed parking restrictions in the area be evaluated on an as need basis when any future higher density development is completed and occupied. The report also proposes that a precinct wide traffic and parking study for Ivanhoe East should be developed after Banyule’s Principal and Major Activity Centre parking plans are finalised in 2017 as previously approved by Council.



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

In September 2014 correspondence, including a multi signatory letter, was received from six residents of a medium density development in Lower Heidelberg Road, between Ravenswood Avenue and Carmichael Street, Ivanhoe East, requesting that an independent traffic study be conducted in the area. In summary, the concerns from the residents relate to:

On-street parking availability

Additional parking signs recently installed outside 200 Lower Heidelberg Road

The relevance of existing “No Stopping” restrictions on Lower Heidelberg Road, opposite Ravenswood Avenue.

4.2


LOWER HEIDELBERG ROAD, IVANHOE EAST - PARKING AVAILABILITY FOR RESIDENTS cont’d


Traffic and parking impact of proposed higher density developments Correspondence received by Council is included in Attachment 1.

Locality Plan

Figure 1. Parking restrictions around Lower Heidelberg Road, East Ivanhoe.

EXISTING PARKING ARRANGEMENTS

Lower Heidelberg Road between Ravenswood Avenue and Carmichael Street is approximately 180 meters long. This section of road can accommodate approximately 26 vehicles in total, parked on both sides of the road. These on-street parking spaces permit unrestricted parking most days and times with the exception of a small section of road adjacent to No. 200-202 where parking restrictions have been installed for waste collection purposes. These restrictions were installed in August 2014 and operate on Mondays, between 6am and 9am. The signs were installed to provide better opportunity for waste collection trucks to access the bins on collection days. Figure 1 shows the subject area highlighted as well as the other local areas of interest including the East Ivanhoe Village Shopping Centre, Ivanhoe East Primary School, Mother of God Primary School and Ivanhoe Park. Due to these local attractions, parking in the subject area is in high demand. A parking survey conducted within the subject area early in October 2014, including morning and afternoon weekday counts, revealed that parking occupancy levels are very high (94%) on the north side of the road, and moderate (65%) on the south side. In the last three years there have been no residents’ requests to assess the

4.2




installation of timed parking restrictions in the area. Therefore, it is suspected that the actual demand for on-street parking by most of the local residents is low. “No Stopping” restrictions also operate on the south side of Lower Heidelberg Road, opposite Ravenswood Avenue. Parking is banned in this section to improve visibility for drivers accessing abutting properties.

IMPACT OF HIGHER DENSITY DEVELOPMENT IN THE AREA

The on-site parking requirements for all new residential developments within Banyule are assessed in accordance with Banyule’s Planning Scheme. Planning Applications have been recently assessed for three higher-density developments proposed along Lower Heidelberg Road, between Ravenswood Avenue and Carmichael Street: these are at 190, 204-206 and 208 Lower Heidelberg Road. The three developments will provide the number of car parking spaces required by the Planning Scheme. Should time based parking restrictions be implemented in the area in future, residents in these developments will not be eligible to obtain residential parking permits under the Residential Parking Permit Policy. This policy precludes dwellings in higher density developments built after 8 November 2010 from being eligible for resident parking permits.

POLICY IMPLICATIONS

The Banyule Activity Centre Car Parking Strategy identifies actions for Council to prepare parking plans for the three major activity centres within Banyule; Heidelberg, Greensborough and Ivanhoe. This strategy also identifies actions to complete parking plans for neighbourhood activity centres. The Heidelberg and Heidelberg West parking plan is currently underway with both Greensborough (2015/16) and Ivanhoe (2016/17) activity centre parking plans programmed for the following successive budgets. It is planned that neighbourhood activity centre parking plans progressively be developed after the major activity centre plans have been completed. The Ivanhoe East Neighbourhood Activity Centre will be part of this consideration in future years. Council is also in the process of preparing an Integrated Transport Plan. This plan will inform transport planning decisions in Banyule for the next 10 years and beyond and assist in promoting alternative travel modes resulting in less reliance on private motor vehicle usage and reduced demand for on-street parking throughout Banyule.

CONCLUSION

Due to the different activities and number of attractions to the Ivanhoe East area, the demand for parking is expected to continue to be high. Aside from the resident correspondence received recently, no other requests have been received by Council to modify the existing parking arrangements in the survey area. It is therefore considered abutting resident demand for on-street parking is relatively low. The provision of parking for the (3) higher-density developments proposed within the subject area is in accordance with Banyule’s Planning Scheme. It is recommended that Council review the demand for resident parking once the proposed higher-density developments are completed and occupied.

4.2




RECOMMENDATION

That Council: 1. Review on-street parking availability in the subject area three months after the

occupancy of either:

190 Lower Heidelberg Road,

204-206 Lower Heidelberg Road, or

208 Lower Heidelberg Road. 2. Prepare a precinct parking plan for Ivanhoe East after the plans for the Major

Activity Centres are completed. 3. Informs the residents of this resolution.

ATTACHMENTS

No. Title Page

1 Correspondence received from residents of Lower Heidelberg Road 187

4.3



4.3 14 SCOTTS PARADE IVANHOE - SALE OF LAND - HEARING OF SUBMISSIONS

Author: Lorraine James - Property Officer, City Development

Ward: Griffin

File: F2014/2013 F2014/543

Previous Items Council on 18 August 2014 (Item 6.2 - 14 Scotts Parade, Ivanhoe - Proposed vesting

and removal of reserve status from drainage reserve)

EXECUTIVE SUMMARY

At its Ordinary Meeting of 18 August 2014 (CO2014/263), Council formed the opinion that the drainage reserve known as 14 Scotts Parade, Ivanhoe (Land) was surplus to Council’s and the community’s needs and directed that:

(a) pursuant to Part 4 of the Planning and Environment Act 1987 and Section 24A of the Subdivision Act 1988, the statutory procedures be commenced to vest in Council’s name and the remove the reservation status from the Land;

(b) pursuant to Sections 189 and 223 of the Local Government Act 1989, the statutory procedures be commenced to give public notice, in the “Heidelberg Leader” of its intention to sell the Land; and

(c) following consideration of submissions, Council will decide whether or not to sell the Land to the owner of 12 Scotts Parade, Ivanhoe, or retain the Land for municipal purposes.

Planning Permit P1001/14, issued on 23 October 2014, authorised the vesting and removal of the reserve status on the Land. Council is now the registered proprietor of the Land. Public notice of Council’s intention to sell the Land was given in the “Heidelberg Leader” on 9 September 2014, with submissions on the proposal invited in accordance with section 223 of the Act. The purpose of this report is for Council to consider any written submissions received and hear from submitters who have made a written request to be heard before a meeting of Council. The submission period closed at 5:00 pm on 8 October 2014. No submissions were received.



CITY PLAN

This report is in line with Council’s City Plan key direction to “develop and deliver best value services and facilities”.

4.3


14 SCOTTS PARADE IVANHOE - SALE OF LAND - HEARING OF SUBMISSIONS cont’d



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. Section 20 of the Charter provides that “A person must not be deprived of his or her property other than in accordance with law”. It is considered that the subject matter does not raise any human rights issues because the power to sell land is conferred on Council pursuant to section 189 of the Local Government Act 1989 (the Act). A person may make a submission under section 223 of the Act with respect to such a proposal.

BACKGROUND

The former drainage reserve known as 14 Scotts Parade, Ivanhoe (the Land) is located adjacent the north eastern boundary of 12 Scotts Parade and has an area of approximately 45m2. The Land is shown as Lot 1 on the plan in Figure 1 below. The Land is currently included within the fence line and appears to form part of 12 Scotts Parade, Ivanhoe. A request to purchase the Land has been received, from the owners of 12 Scotts Parade, for Council to consider.

Figure 1: Land Proposed to be Sold

4.3


14 SCOTTS PARADE IVANHOE - SALE OF LAND - HEARING OF SUBMISSIONS cont’d


LEGAL CONSIDERATION

Section 189 of the Local Government Act 1989 (Act) provides that, prior to selling land, Council must give public notice and invite submissions from the public on the proposal. A valuation must be obtained not more than six (6) months prior to the date of sale. Section 223 of the Act provides that any person who makes a submission incorporating a request to be heard is entitled to appear in person or to be represented by a person acting on their behalf, before a meeting of Council. Public notice of Council’s intention to sell the Land was given in the “Heidelberg Leader” on 9 September 2014, with submissions on the proposal invited. The submission period closed at 5:00 pm on 8 October 2014. No submissions were received.

CONCLUSION

The purpose of this report is for Council to consider any written submissions received and hear from submitters who have made a written request to be heard before a meeting of the Council. No submissions were received, so it is appropriate for Council to consider the sale of the Land at a future meeting.

RECOMMENDATION

That Council: 1. Records there were no submissions to be considered or heard in response to

the public notice given pursuant to Sections 189 and 223 of the Local Government Act 1989 of Council’s intention to sell the former drainage reserve known as 14 Scotts Parade, Ivanhoe (the Land).

2. Determine whether or not to proceed with the sale of the Land at its Ordinary

Meeting of 1 December 2014.

ATTACHMENTS

Nil

4.4



4.4 NORTH EAST LINK - QUARTERLY REPORT Author: Michelle Herbert - Senior Transport Engineer, City Development

File: F2013/333

Previous Items Council on 7 July 2014 (Item 4.4 - North East Link - Quarterly Report)

EXECUTIVE SUMMARY

To provide Council with a status update on planning for the proposed North East Link, which in summary is that:

VicRoads senior officers met with Councillors and senior management at a Councillor Briefing on 28 July. At the briefing, VicRoads indicated that no work has been undertaken on the North East Link, therefore VicRoads has no position on it and can give no further information.

At a further Councillor Briefing with VicRoads on 27 October VicRoads reiterated that no planning work has been undertaken on the North East Link and it has no mandate to do so.

VicRoads has circulated a draft Principal Traffic Flow Network (PTFN) plan for Council’s comment which identifies Rosanna Road as part of the PTFN but does not include the North East Link in the network.

VicRoads has agreed to a closer working relationship with Council to progress this and other issues.



CITY PLAN

This report is in line with Council’s City Plan key direction to “support sustainable transport”.



4.4


NORTH EAST LINK - QUARTERLY REPORT cont’d


BACKGROUND

Council considered an initial report on the status of the proposed North East Link and an overview of relevant Council resolutions and positions on the link, regional transport, and associated heritage and environmental issues at its meeting on 14 December 2009. Council resolved in part as follows: “That Council officers report to the Council every three months on the response from the Minister, VicRoads or other Government departments or agencies on progress in the planning of the North East link.” In line with this resolution Council considered a report on this matter on 7 July 2014. In this meeting it was resolved that Council: “1. That Council notes this report. 2. That given recent announcements regarding Bolton Street & the Chandler

Highway Bridge, Council again calls on both the State Government & Opposition to address the ever increasing traffic volumes and the conditions on Rosanna Road.

3. On behalf of local residents Council urgently requires that a) the issue of night truck curfew be addressed, b) that speed cameras be installed, c) the camber of the road be investigated d) that heavy vehicles be only allowed to use the left hand lanes (therefore

banned from the right hand lanes) to ensure greater safety for motorists, e) that the power/electricity poles along Rosanna Road be under-grounded

and new light poles be installed as far back as possible from the roadway.

4. That Council (Mayor and Ward Councillor) write to all the residents along Rosanna Road outlining this resolution.”

In accordance with item 2 and 3 of this resolution, Council wrote to the State Government and Opposition on 14 July requesting an assessment and solution to the ever increasing traffic volumes and conditions on Rosanna Road. A response has been received from Luke Donnellan MP, Shadow Minister for Roads, Road Safety and TAC. Mr Donnellan’s response indicates that he “agrees that Rosanna Road requires a number of measures to lessen congestion and address truck measures for local residents. Victorian Labor is considering your requests”. No response has been received from the State Government. In accordance with item 4 of this resolution, Council wrote to all residents living along Rosanna Road on 14 July outlining this resolution. Furthermore, at its meeting of 20 October, in relation to a report on Laane Avenue, Council resolved in part: “5. That necessary land owner consents and approvals be sought to install a sign on Rosanna Road or nearby land which advocates for action in relation to Rosanna Road safety and amenity concerns. The sign could potentially read: ‘Who will fix Rosanna Road? Banyule Council wants a plan’ and by funded by Council.” Signs are currently being placed in front yards of properties along Rosanna Road.

4.4




VICROADS COUNCILLOR BRIEFING ON 28 JULY AND 27 OCTOBER

VicRoads senior officers met with Councillors and senior management on 28 July and again on 27 October 2014. At both briefing sessions, VicRoads reiterated that it has undertaken no planning work on the North East Link and it has no mandate to do so at this stage. At the 27 October briefing, VicRoads agreed to the development of a working group to build a closer working relationship with Council. VicRoads has forwarded its draft Principal Traffic Flow Network (PTFN) (see Figure 1 below) for Council’s comment. Principal transport networks are designated routes which are identified and used to ensure effective transport and land use planning and support the function of the State’s important transport networks and services. The draft PTFN includes all freeways and selected arterial roads. Significantly, the draft PTFN includes Rosanna Road but does not show the North East Link as a future PTFN.

Figure 1 - Principle Traffic Flow Network

4.4




CONCLUSION

VicRoads senior officers met with Councillors and senior management at a Councillor Briefing on 28 July and 27 October 2014. At the briefings, VicRoads indicated that no planning has been undertaken for the North East Link and therefore VicRoads has no position on it and can give no further information. VicRoads tabled its draft Principal Traffic Flow Network (PTFN) for Council’s comment. The PTFN includes Rosanna Road on the PTFN but makes no reference to the North East Link. The proposed PTFN is considered appropriate; however advice is being sought from VicRoads concerning the provision of the North East Link on the PTFN.

RECOMMENDATION

That Council notes this report.

ATTACHMENTS

Nil

4.5



4.5 WILLA AVENUE VIEWBANK - DRAINAGE IMPROVEMENT WORKS TO ADDRESS OVERLAND STORMWATER FLOW

Author: Stephen D'Agata - Senior Developments & Drainage Engineer, City

Development

Ward: Hawdon

File: F2014/132

Previous Items Council on 1 September 2014 (Item 8.1 - Willa Avenue, Viewbank - Flooding issues

and potential for survey regarding drainage scheme in the area)

EXECUTIVE SUMMARY

The issue of overland stormwater flows affecting residents at Willa Avenue in Viewbank was raised as a Notice of Motion at the Council Meeting of 1 September 2014. Council resolved to survey residents with regard to participation in a special charge drainage scheme. However, subsequent investigations have identified pipe capacity issues to be the main cause of overland stormwater flows. It is now proposed that Council proceeds with an upgrade of a section of drain between the two affected properties in Willa Avenue. These works can be completed within existing budget allocations and can be completed this financial year.



CITY PLAN


BACKGROUND

Council considered a notice of motion at its 1 September 2014 Meeting and resolved:

‘That Council survey the owners of properties between Nos. 10 and 26 Martins Lane, Viewbank (inclusive), with regard to participation in a special charge drainage scheme and report back at the appropriate time.’

Residents at 20 and 22 Willa Avenue, Viewbank have been impacted by overland stormwater flows during heavy to extreme rainfall events. Previous investigations identified that the issue mainly resulted from the lack of easement drains servicing properties immediately to the rear of the affected residences.

4.5


WILLA AVENUE VIEWBANK - DRAINAGE IMPROVEMENT WORKS TO ADDRESS OVERLAND STORMWATER FLOW cont’d


A detailed investigation of the capacity of Council drains in this area has been conducted which included an assessment of the outcomes of the Stormwater Catchment Analysis recently completed. The investigation identified that the issues being experienced by residents in Willa Avenue could be resolved by improving the stormwater drain capacity rather than imposing a special charge drainage scheme on residents in Martins Lane.

Figure 1 - Locality Plan

ADVOCACY

Council officers met with affected residents who reported that the drainage pit at the rear of 8 Martins Lane surcharges during heavy rainfall events. This supports Council’s assessment that the issues being experienced by the residents would not be resolved by a special charge drainage scheme.

CURRENT SITUATION

The Stormwater Catchment Analysis project has revealed that the Council Drain capacity between Nos. 20 and 22 Willa Avenue is less than that of the Council Drain immediately upstream. Consequently, if stormwater flows are sufficient to fill the upstream drain, flows in excess of the downstream drain capacity will escape from the pit immediately north of Nos. 20 and 22 Willa Avenue and stormwater will flow overland across both properties.

4.5


WILLA AVENUE VIEWBANK - DRAINAGE IMPROVEMENT WORKS TO ADDRESS OVERLAND STORMWATER FLOW cont’d


TECHNICAL CONSIDERATION

Overland stormwater flows are expected to flow across these properties during a 1 in 100 year Average Recurrence Interval (ARI) rainfall event and it is not feasible to expect that drainage improvement works will prevent this from occurring in the future. However, the Stormwater Catchment Analysis project has identified that the section of drain between Nos. 20 and 22 Willa Avenue does not have sufficient capacity to contain the stormwater flows generated by a 1 in 5 year ARI rainfall event. Hence, increasing the capacity of this drain is considered one of Council’s higher priority drainage improvement projects.

FUNDING IMPLICATIONS

Council approved budget funding for the ‘Outcomes of Strategic Drainage Investigations’. The estimated cost of the proposed works is $50,000. Funding is available from this budget item to complete these works during the current financial year.

CONSULTATION

The properties most impacted by the proposed works are those which have been affected by overland stormwater flows in the past. Council officers will, however consult with these residents prior to the development of a design brief to ensure that the conduct and subsequent reinstatement works are consistent with resident’s expectations.

CONCLUSION

Residents of 20 and 22 Willa Avenue, Viewbank have experienced overland stormwater flows through their properties on several occasions. Previous investigations considered that their issues could be resolved with the implementation of a special contribution drainage scheme. However, Council’s Stormwater Catchment Analysis project has identified that a capacity shortfall exists in the drain between the two properties. It is proposed to mitigate this issue by improving the capacity of this drain.

RECOMMENDATION

That Council: 1. No longer conduct a survey of Martin Street residents with regard to

participation of a special charge drainage scheme as proposed in Council Resolution (CO2014/287);

2. Notes the overland stormwater flow issues raised by residents in Willa Avenue can be addressed by drainage improvement works funded under the ‘Outcomes of Strategic Drainage Investigations’ budget; and

3. Inform the affected property residents accordingly.

ATTACHMENTS

Nil

4.6



4.6 198 SHERBOURNE ROAD, MONTMORENCY - REQUEST FOR EXTENSION OF TIME TO COMMENCE UNDER THE PERMIT

Author: Andy Wilson - Team Leader - Development Planning, City Development

Ward: Hawdon

File: P426/11

EXECUTIVE SUMMARY

Planning permit P426/11 was issued on 24 September 2012 for the development of 8 dwellings and removal of native vegetation. Construction was required to commence by 24 September 2014. The proposed extension of time is sought to allow development to commence by 24 September 2015. The land is now within the Neighbourhood Residential Zone (NRZ3) which specifies that the number of dwellings on a lot must not exceed two. On this basis it is recommended that the request for extension of the existing permit for eight dwellings be refused.

Planning Permit Application: P426/11

Development Planner: Andy Wilson

Address: 198 Sherbourne Road, Montmorency

Proposal: Multi-dwelling development (comprising of 8 dwellings), removal of native vegetation, works under the canopy of native vegetation, construction of a retaining wall(s) within 10 metres of the front boundary and alteration of the access to Sherbourne Road in accordance with the endorsed plans.

Existing Use/Development: Vacant

Applicant: Gary Stewart

Zoning: Neighbourhood Residential Zone (NRZ3)

Overlays: Vegetation Protection Overlay (VPO1)

Design and Development Overlay (DDO8)

Ward: Hawdon



4.6


198 SHERBOURNE ROAD, MONTMORENCY - REQUEST FOR EXTENSION OF TIME TO COMMENCE UNDER THE PERMIT cont’d


BACKGROUND/HISTORY

Planning permit P426/11 was issued at the direction of the VCAT on 24 September 2012 after the applicant successfully appealed against Council’s refusal of the application. On 9 September 2014 plans were endorsed to satisfy conditions 1, 10 and 14 of the permit. Works have not commenced on site. For a comprehensive description of the relevant background please refer to Attachment A.

Figure 1: Locality Plan

4.6




SUBJECT SITE AND SURROUNDING AREA

The subject site is located on the eastern side of Sherbourne Road, north of its intersection with Bolton Street. The area to the west of the site is characterised by large allotments typically accommodating single dwellings in a well vegetated context. Land to the east on the opposite side of Sherbourne Road is characterised by commercial and industrial land in the Shire of Nillumbik.

PLANNING CONTROLS

At time of decision Current

Zoning Residential 1 Zone Neighbourhood Residential Zone (NRZ3)

Overlays No change: Vegetation Protection Overlay (VPO1) Design and Development Overlay (DDO8)

Relevant Policies No change: Clause 11: Settlement Clause 126: Housing Clause 21.04: Land use Clause 21.05: Natural Environment Clause 21.06: Built Environment Clause 22.02: Residential Neighbourhood Character Policy

Particular Provisions No change: Clause 52.06: Car parking Clause 52.17: Native Vegetation Clause 52.29: Land Adjacent to a Road

Zone Clause 55: ResCode


The request for an extension of time to the permit timeframes to allow commencement of the development has been considered against the ‘Kantor Principles’, a well established set of principles that are frequently sited when considering such requests for extension of time. These principles were established by the Supreme Court in Kantor v. Murrindindi Shire Council. A full assessment of the proposal against these principles is included at Attachment A. Further to this, guidance has been sought from the recent Red Dot decision Hotel Windsor Holdings v. Minister for Planning where the Tribunal refused to grant the second extension of time to commence development. In making its decision, the Tribunal considered each of the Kantor principles in detail and concluded that five of the seven principles could be satisfied and only two could not. On this basis alone the Tribunal decided to refuse to grant an extension of time noting that compliance with five of the seven principles did not outweigh the fact that planning policy had changed and that no planning permit could be granted should a fresh application be made today. The proposal now before Council to extend the permit and enable commencement of development, has much in common with the precedent established in Hotel Windsor Holdings v. Minister for Planning in that five of the seven Kantor principles can be satisfied. In particular, there is no evidence that the land owner is seeking to warehouse the permit, noting that plans have recently been endorsed and the preparation of a Section 173 agreement has commenced. There also appears to be no substantial intervening circumstances that impact on the granting or refusal of the extension request.

4.6




Consideration therefore comes down to two critical points of assessment: 1. Whether there has been a change in planning policy; and 2. The probability of a permit issuing should a fresh application be made. As noted above, a recent change in planning controls has taken place whereby the zoning of the land has changed from Residential 1 Zone to Neighbourhood Residential Zone (Schedule 3). The significance of this change is that a maximum of two dwellings is now specified for land in this zone. The answer to the second point is evident in light of the first, whereby there is now no possibility a permit could be issued for eight dwellings should a fresh application be made. In addition, the purpose of the zone has changed, elevating the importance of neighbourhood character in considering development applications. This gives greater weight to Council’s initial concerns with the proposal which was refused. In making its decision in Hotel Windsor Holdings v. Minister for Planning, the Tribunal was not dismissive of the serious implications this had for the owner. However, the Tribunal did make some relevant points in response, noting the applicant’s slow progress in obtaining the various approvals following the granting of the permit to enable development to commence within the permitted timeframe. Similarly, with the current request before Council, it is noted that the original permit was granted for development on 24 September 2012. Plans were submitted for endorsement in April 2014 however, various conditions remained outstanding until the most recent submission of plans on 2 September 2014. It is also noted at the time the plans were endorsed that some conditions were still outstanding, including the preparation of a section 173 agreement which was not commenced until 15 September and a waste management plan submitted on 16 September. The applicant has submitted that the project has been delayed as a result of the application to realign boundaries, creating the subject lot where development would be carried out. However, it is noted that the title for this land was released on 20 September 2013, more than a year before the permit was due to expire.

CONCLUSION

The application to extend the permit should not be supported on the basis that the zone has changed since the permit was approved and now restricts the number of dwellings on a lot to no more than two. Extending the permit would therefore be inconsistent with the Kantor principles which have been established in the recent Tribunal decision Hotel Windsor Holdings v Minister for Planning which concluded that compliance with 5 of the 7 principles did not outweigh the reality that planning policy has changed and therefore a permit could not be issued if a fresh application is made for the same development.

RECOMMENDATION

That Council refuse to grant an extension of time to commence the development at 198 Sherbourne Road, Montmorency (Planning Permit P426/11) and that the applicant be advised accordingly.

4.6




ATTACHMENTS

No. Title Page

1 Extension of time request 189

4.7



4.7 193 LIBERTY PARADE HEIDELBERG WEST (KNOWN AS 233 SOUTHERN ROAD HEIDELBERG WEST) - PROPOSED TWO LOT SUBDIVISION, REMOVAL OF RESTRICTIVE COVENANT AND CREATION OF A MUNICIPAL RESERVE

Author: Georgia Coulson - Planning Technical Officer, City Development

Ward: Olympia

File: P157/14

EXECUTIVE SUMMARY

It is proposed to subdivide the land known as 193 Liberty Parade, Heidelberg West into two lots and remove the restrictive covenant contained on title. It is also proposed to create a reserve status for municipal purposes over the majority of the land. This will occur in a future certification application and will complement the Public Conservation and Resource Zone which will continue to protect this important parkland. The application has been assessed against the relevant State and Local Planning Policies and the proposal is considered to be an acceptable outcome on the site.


Development Planner: Georgia Coulson

Address: 193 Liberty Parade Heidelberg West

Proposal: Two lot subdivision, removal of restrictive covenant and creation of municipal reserve.

Existing Use/Development: Darebin Creek Reserve and vacant residential land

Applicant: Banyule City Council

Zoning: Public Conservation and Resource Zone & General Residential Zone 1.

Overlays: Environmental Significance Overlay Schedule 1 Land Subject to Inundation Overlay Public Acquisition Overlay

Notification (Advertising): The application was advertised to all adjoining land owners and occupiers and two signs were placed on the land.

Objections Received: 31

Ward: Olympia

4.7


193 LIBERTY PARADE HEIDELBERG WEST (KNOWN AS 233 SOUTHERN ROAD HEIDELBERG WEST) - PROPOSED TWO LOT SUBDIVISION, REMOVAL OF RESTRICTIVE COVENANT AND CREATION OF A MUNICIPAL RESERVE cont’d




BACKGROUND/HISTORY

At its meeting on 2 December 2013, Council resolved to proceed with the formal process to excise the subject land (193 Liberty Parade, Heidelberg West) from the parent parcel and remove the covenant on the land including pursuing the appropriate planning permits.

Locality Plan

1.


4.7




SUBJECT SITE AND SURROUNDING AREA

The subject site is located on the southern side of Southern Road Heidelberg West. Part of the land is located within a General Residential Zone 1 and is vacant (refer to map below). The remainder of the land is located in a Public Conservation and Resource Zone and forms part of the Darebin Creek Reserve. Pedestrian access to the reserve is currently gained via its frontage to Southern Road, as well as frontage to Liberty Parade.

There is a restrictive covenant registered on the title that reads as follows: Council, “…will not –

(a) use the said land herby transferred or any part thereof or any building or structure erected thereon for any purpose other than that of a recreation reserve together with such other purposes as might be necessary or incidental to such use as a recreation reserve,

(b) use the land hereby transferred or any part thereof or any building or any structure erected thereon for the purpose of any trade or business or any commercial pursuit unless such use is occasional and incidental to the use of the said land the buildings and structures erected thereon for the purpose of a recreation reserve.”


4.7




The only beneficiary of this covenant is the Director of Housing (now the Department of Human Services).

The land is owned and managed by Council. The land was transferred from the then Director of Housing to City of Heidelberg Council in 1989. The land on proposed Lot 1 is generally flat and contains a mixture of indigenous and exotic low / medium retention value vegetation. There are sewerage easements running north/south and east west across the land and as discussed previously the land is vacant. The balance of the land is used as public parkland that runs along the Darebin Creek and contains areas of grassland and significant vegetation.

PUBLIC NOTIFICATION

The application was advertised by way of notice to all adjoining land owners and occupiers (including the Department of Human Services) and two signs were displayed on site. A total of 31 objections were received. The majority of these objections were of a pro-forma style which has contributed to the larger number of objections received than is usually the case for these types of straight forward applications. A letter of consent to the proposal (including the covenant removal) has been received from the Department. A summary of the objections are as follows:

Concern with the removal of the covenant as it may lead to further development of the parkland.

Removal of the covenant may lead to the future sale of the land to the rear of the houses along Liberty Parade.

The City of Darebin – North land structure plan proposes housing within the parkland.

Concern with tree removal on lot 1.

The walk through path on proposed lot 1 is a safe entry point for the parkland.

The view of the bush/ treed outlook from Southern Road would be lost should it be developed.

An information session was held in which all objectors and owners / occupiers that were originally notified of the application were invited to attend. Three residents attended this session. Details of the proposal and clarification of Council’s intentions were discussed with the objectors in attendance which allayed many of the concerns raised in the objections.

REFERRAL COMMENTS

The application was referred to Melbourne Water, Vic Roads, Council’s Engineering Services and Development Planning Arborist for advice. Details of their responses are contained in Attachment 1, however in summary:

Melbourne Water and Vic Roads have no objection to the proposal;

4.7




It is appropriate to require the provision of stormwater drainage to the proposed Lot 1 prior to the subdivision being finalised and;

Two existing trees on the adjoining land are worth retention and should be protected during any further development of the land.

PLANNING CONTROLS

Control Clause Permit Triggered?

Zones:

General Residential Zone (GRZ1 ) Public Conservation and Resource Zone

32.08 36.03

Yes Yes

Overlays:

Environmental Significance Overlay (ESO1) Land Subject to Inundation Overlay (LSIO) Public Acquisition Overlay1 (PAO1)

42.01 44.04 45.01

Yes Yes Yes

Particular provisions:

ResCode

56

No – application to be assessed against specified requirements


REMOVAL OF RESTRICTIVE COVENANT & CREATION OF RESERVE Section 60 of the Planning and Environment Act 1987 outlines that Council must only grant a permit for the removal of the covenant if it is of the view that the beneficiaries of the covenant will not suffer an increase in detriment of any kind as a result. The exception is where the beneficiaries to the covenant have provided their written consent to the removal. In this case, the sole beneficiary to the covenant is the Department of Human Services, which has provided written consent to the removal of the covenant. Notwithstanding this, it is considered that the removal of the covenant will not result in an increase in detriment of any kind to the Department, including any detriment as a result of a loss of amenity, financial loss, or change in neighbourhood character. The removal of the covenant is required to enable future use of the land on proposed Lot 1, to be consistent with the zoning of the land which is a General Residential Zone. It is proposed to create a reserve status (for municipal purposes) on all the land that is located in the Public Conservation and Resource Zone (i.e. the balance of the land), ensuring that the intent of the covenant is maintained for this land, in that it would continue to be used as public parkland. The removal of the covenant and creation of reserve status on the land is considered an appropriate outcome on the site and ensures the future use of the land is consistent with the intent of the covenant and the zoning of the land.

4.7




TWO LOT SUBDIVISION The subdivision of this land into two lots will result in a lot being created that fronts onto Southern Road and will be 3319m2 in size. The remainder of the land will be created as a Reserve on title, set aside for Municipal purposes. The proposed two lot subdivision is consistent with the subdivision pattern of the street and results in the title boundaries for Lot 1 being consistent with the map boundaries for the General Residential Zone. An assessment against Clause 56 (Residential Subdivision) has been carried out and is included as an attachment to this report. The proposal is consistent with this Clause. VEGETATION IMPACTS Whilst no tree removal is proposed as part of this approval, consideration of the vegetation on site has been undertaken and after consultation with Council’s Arborist it is considered that two trees adjoining the proposed Lot 1 should be retained and protected. A condition can be included within any future development permit that requires building exclusion zones to be established around Trees 19 & 24. OBJECTORS CONCERNS Concern with the removal of the covenant as it may lead to further development of the parkland The zoning of the parkland is Public Conservation and Resource Zone. Residential development is prohibited within this zoning and as such the proposal is not a stepping stone towards future development of the Darebin Creek Reserve for housing purposes. Removal of the covenant may lead to the future sale of the land to the rear of the houses along Liberty Parade As stated above, the zoning of the land within the reserve doesn’t allow for residential development. In order for this to occur on the land extensive public consultation would be necessary including a planning scheme amendment for rezoning of the land and the statutory procedures that Council are required to take in order to sell Council owned land. The City of Darebin – Northland structure plan proposes housing within the parkland The proposed Northland Structure plan is at the early stages of development and is currently in draft form. Whilst the current draft of the structure plan shows some land that is currently within a Public Conservation and Resource Zone as a potential location for housing, any further development of this land would need to go through extensive statutory procedures including public notice, to enable this.

4.7




Concern with tree removal on Lot 1 No tree removal is proposed on Lot 1. As discussed previously in the report, an arborcultral assessment of all trees on proposed lot 1 has been undertaken and added protection for two trees on the adjoining sites will be a requirement of any future development permit that is issued. It is noted that should the site be further developed, any proposed tree removal will be assessed on its merits, noting that a permit would be required for trees greater than 5m in height due to the overlay controls which apply to the land. The walk through path on proposed Lot 1 is a safe entry point for the parkland Proposed Lot 1 is not the only entry point to the Darebin Creek Reserve. There are a number of safe entry points from Southern Road to enter the Darebin Creek Reserve including a formal entrance with a sealed pathway approximately 250 metres from proposed Lot 1, as well as the land located adjacent to the Council owned building, which provides for an informal entrance. The view of the bush/ treed outlook from Southern Road would be lost should it be developed No tree removal is proposed as part of this proposal. Should the land be developed in the future, any requests for tree removal will be addressed on its merits and against the Environmental Significance Overlay that exists on the land. It is acknowledged that the development of this land would alter the streetscape in Southern Road, however the zoning of the land is residential, and any future applications will be assessed to ensure consistency with Council’s neighbourhood character policy.

PUBLIC OPEN SPACE CONTRIBUTION

Two lot subdivisions are exempt from a public open space requirement under Section 18(8) of the Subdivision Act 1988 unless Council considers that the land may be further subdivided in the future. It is recognised that Lot 1 is likely to be further subdivided in the future; however should Lot 1 be further subdivided it is considered reasonable to request the open space contribution at that stage, rather than at the two lot subdivision stage.

CONCLUSION

The proposed subdivision of the land, creation of reserve and removal of restrictive covenant on the site allows for an appropriate planning outcome. The application has been assessed against the relevant State and Local Planning policy and should be supported subject to conditions.

4.7




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. P157/2014 for a two lot subdivision and Removal of the Restrictive Covenant P368489H at 193 Liberty Parade HEIDELBERG WEST subject to the following conditions: Plans (1) Prior to Certification of the Plan of Subdivision, 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 generally in accordance with the plans submitted with the application but modified to show:

(a) Engineering plans showing the outfall drainage works necessary to

connect the subject site to the Council nominated Legal Point of Discharge.

(2) The subdivision as shown on the endorsed plan shall not be altered or

modified (whether or not in order to comply with any statute, Statutory Rule or By-Law or for any other reason) without the consent of the Responsible Authority.

Service Authorities

(3) The owner of the land must enter into agreements with the relevant authorities for the provision of water supply, drainage sewerage facilities, electricity and gas services to each lot shown on the endorsed plan in accordance with that authority’s requirements and relevant legislation at the time.

(4) All existing and proposed easements and sites for existing or required utility services and roads on the land must be set aside in the plan of subdivision submitted for certification in favour of the relevant authority for which the easement or site is to be created.

(5) The plan of subdivision submitted for certification under the Subdivision Act

1988 must be referred to the relevant authority in accordance with Section 8 of that Act.

Works required prior to the issue of Statement of Compliance (6) All drainage works required to connect Lot 1 to the legal point of discharge as

determined by Council in accordance with the endorsed plans pursuant to Planning Permit P157/14 must be carried out to the satisfaction of the Responsible Authority prior to the issue of a Statement of Compliance.

Telecommunications

4.7




(7) The owner of the land must enter into an agreement with:

A telecommunications network or service provider for the provision of telecommunication services to each lot shown on the endorsed plan in accordance with the provider’s requirements and relevant legislation at the time; and

A suitably qualified person for the provision of fibre ready telecommunication facilities to each lot shown on the endorsed plan in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre.

(8) Before the issue of a Statement of Compliance for any stage of the

subdivision under the Subdivision Act 1988, the owner of the land must provide written confirmation from:

A telecommunications network or service provider that all lots are connected to or are ready for connection to telecommunications services in accordance with the provider’s requirements and relevant legislation at the time; and

A suitably qualified person that fibre ready telecommunication facilities have been provided in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre.

Time Limit (9) In accordance with section 68 of the Planning and Environment Act 1987, this

permit will expire if one of the following circumstances applies:

The plan is not certified within two years of the date of this permit; or

A Statement of Compliance is not issued within five (5) years of the date of certification.

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 NOTE (A) 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, however it is Council’s intention to number the proposed allotments as follows: Lot 1 219 Southern Road Heidelberg West Lot 2 193 Liberty Parade Heidelberg West

4.7




(B) Memorandum of Consent for Works

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

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

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

(C) 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.

ATTACHMENTS

No. Title Page

1 Advertised Plans 192

2 Additional background information 213

5.1

Participation – Community Involvement in Community Life


5.1 MULTICULTURAL ADVISORY COMMITTEE MEETING MEMBERSHIP

Author: India Mortlock - Community & Social Planner, Community Programs

File: F2014/313

EXECUTIVE SUMMARY

The aim of the Banyule Multicultural Advisory Committee is to provide Council with advice on multicultural issues and on the development and implementation of Council’s Multicultural Plan 2014-2017 and the Inclusion, Access and Equity (IAE) Framework. The Committee held its first meeting in March and has met on three subsequent occasions. The terms of reference allow for fifteen positions on the Committee, of which thirteen are currently filled. Council has called for expressions of interest to fill the remaining positions. One Expression of Interest has been received. This report considers the appointment of an additional member to Council’s Multicultural Advisory Committee.



CITY PLAN

This report is in line with Council’s City Plan key direction of “engage meaningfully with our community”.

BACKGROUND

During 2013 Council resolved to establish an Advisory Committee to assist Council to work more effectively with Council’s Multicultural communities.

In October 2014 Council resolved to re-appoint Cr Rick Garotti as the lead delegate and Cr Mark Di Pasquale as the substitute delegate for Council’s Multicultural Advisory Committee.

The first meeting of the Multicultural Advisory Committee was held on 20 March 2014 and there have been subsequent meetings on 29 May, 31 July and 2 October.

Council is finalising its Inclusion, Access and Equity Framework and Multicultural Plan 2014-2017. The framework and plan will guide Council’s work in supporting multicultural communities.

5.1


MULTICULTURAL ADVISORY COMMITTEE MEETING MEMBERSHIP cont’d


The Multicultural Advisory Committee will play a key role in guiding the implementation of the Multicultural Plan 2014-2017. Council’s advisory committees have an advisory role and do not hold any authority to make decisions or commitments on behalf of Council. The minutes of committee meetings are presented to Council for information after each meeting. Recommendations and requests arising from committee meetings are presented to Council for consideration as required. Responses to recommendations are determined based on Council’s legislative role, stated commitments in Council’s Policies and Plans, and budgetary processes. It should be acknowledged that while the Multicultural Advisory Committee form an important part of Council’s engagement with multicultural communities, they are not the only avenue for consultation and engagement. It should be noted that other networks, groups and individuals who are not involved as formal Advisory Committee members will also be involved in Council’s work on inclusion, access and equity.


In developing this report to Council, the subject matter has been considered to determine if it raises any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited, restricted or interfered with by the recommendations contained in this report. It is considered that the subject matter does not raise any negative human rights issues. The nature of the Multicultural Advisory Committee in fact enhances Council’s advocacy function in affirming the individuals’ rights to freedom of expression especially in underrepresented groups in our community. It is considered that the Advisory Committees enhances individual’s rights to Freedom of Expression as contained in section 15 of the Charter.

CURRENT SITUATION

The Terms of Reference for the Multicultural Advisory Committee provides for up to 15 community members to be represented on the committee. Fourteen members were originally appointed to the committee, however, one member has advised that they are no longer able to participate. Please refer to (Attachment 1) for a current listing of members. Council has called for Expressions of Interest to fill the remaining positions. One expression of interest was received.

CONCLUSION

Council’s Multicultural Advisory Committee plays an important role in assisting Council to closely engage with members of its multicultural community. Council has received one expression of interest.

5.1


MULTICULTURAL ADVISORY COMMITTEE MEETING MEMBERSHIP cont’d


RECOMMENDATION

That Council approve the additional member of the Multicultural Advisory Committee

ATTACHMENTS

No. Title Page

1 Current Members of the Multicultural Advisory Committee 216

6.1

Performance - Use Our Resources Wisely


6.1 ASSEMBLY OF COUNCILLORS Author: Cindy Ho - Governance Officer, City Development

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: 20 October 2014

Type of Meeting: Councillor Briefing

Matters Considered: Items on the Council Agenda for the Ordinary Meeting of 20 October 2014 (excluding confidential items) as listed below:

1.1 Fairbank Way Petition - Tree Concerns 3.1 Metropolitan Landfill Services Contracts Extensions 4.1 Paid Parking in Banyule 4.2 Laane Avenue, Rosanna - Traffic

Investigation 4.3 Montmorency Railway Station - Additional

Car Parking 4.4 Julinda Court, Greensborough - Proposed

Discontinuance of Unused 'Road' 4.5 Cyril Cummins Reserve Indoor Hockey

Feasibility Study 4.6 Olympic Park Inline Speed Skate Track Feasibility

Study 6.1 55-59, 61 and 63 Main Street,

Greensborough - Hearing Submissions following Notice of Intention to Sell

6.2 Annual Report 2013-2014 6.3 Assembly of Councillors 6.4 Local Government Electoral Review -

Submission 6.5 Operating and Capital Financial Management

Report for Period Ended September 2014 7.1 Sealing of Documents

6.1


ASSEMBLY OF COUNCILLORS cont’d


8.1 Council Boundary Review 8.2 Naming Options - Haig Street Development Site 8.3 Street Furniture Inspections 9. General Business 10. Urgent Business

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

Staff Present: Simon McMillan – Chief Executive Officer Allison Beckwith - Community Programs Scott Walker – Director City Development Geoff Glynn – Director Assets and City Services Keith Yeo - Director Corporate Services Gina Burden – Manager Governance, Information & Laws Daniel Kollmorgen – Acting Manager Strategic Economic Emily Outlaw – Council Governance Liaison Officer Joel Elbourne – Acting Manager Development Services David Bailey – Engineering Services Coordinator Peter Benazic – Manager Parks and Gardens Tania O’Reilly – Manager Finance and Procurement

Others Present: Nil

Conflict of Interest: Nil


q Type of Meeting: Councillor Briefing

Matters Considered: Draft General Local Law no.1 2015 - Review process and presentation on draft

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

Staff Present: Simon McMillan – Chief Executive Officer Allison Beckwith - Community Programs Scott Walker – Director City Development Gina Burden – Manager Governance, Information & Laws Jan Richardson – Cemeteries Coordinator Trevor Jeffs – Environment Health Officer Mark Bernhardt – Municipals Laws Coordinator Brad McMahon – Team Leader Local Laws Daniel Kollmorgen – Acting Manager Strategic Economic

6.1




Others Present: Nil




Matters Considered: Various transport related matters within Banyule

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

Staff Present: Simon McMillan – Chief Executive Officer Allison Beckwith - Community Programs Scott Walker – Director City Development Geoff Glynn – Director Assets and City Services Joel Elbourne – Acting Manager Development Services David Bailey – Engineering Services Coordinator Daniel Kollmorgen – Acting Manager Strategic Economic Tim Partridge – Team Leader Transport

Others Present: Patricia Liew – VicRoads

Nick Fisher – VicRoads




Matters Considered: Items on the Council Agenda for the Special Meeting of 28 October 2014 as listed below: 6.1 Mayoral Term 6.2 Election of Mayor 6.3 Consideration of Nominations for Deputy Mayor 6.4 Appointment of Councillors on Committees

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

Staff Present: Simon McMillan – Chief Executive Officer Allison Beckwith - Community Programs Scott Walker – Director City Development Geoff Glynn – Director Assets and City Services Emily Outlaw – Council Governance Liaison Officer

Others Present: Nil

6.1





RECOMMENDATION

That the Assembly of Councillors report be received.

ATTACHMENTS

Nil

6.2



6.2 27A CHERRY STREET MACLEOD - PROPOSED SALE OF LAND - HEARING OF SUBMISSIONS

Author: Lorraine James - Property Officer, City Development

Ward: Ibbott

File: F2014/410

Previous Items Council on 1 September 2014 (Item 6.2 - 27A Cherry Street, Macleod - Proposed

Sale of Land)

EXECUTIVE SUMMARY

Council is the owner of 62m2 of land, known as 27A Cherry Street, Macleod (subject land). The subject land was ‘road’ and formed part of the right of way at the rear of both 27 Cherry and 29 Joynt Streets, Macleod, which was discontinued in 1972 by the former Heidelberg Council, and remains unsold. The subject land comprises two (2) separate titles of 31m2 each. A request to purchase the subject land has been received from the owner of 29 Joynt Street, Macleod. Council, at its Ordinary Meeting of 1 September 2014 (CO2014/283), considered a report in relation to the proposal to sell the subject land to an abutting owner by private treaty. Council resolved to commence the statutory procedures in accordance with section 189 of the Local Government Act 1989, by giving public notice of this proposal. Public notice of Council’s intention to sell the subject land was given in the “Heidelberg Leader” on 10 September 2014. One written submission was received, which included a request to be heard before a meeting of Council. The purpose of this report is for Council to consider the written submission received and to hear from the submitter. The submitter has been invited to attend Council’s Ordinary Meeting of 10 November 2014 to be heard in support of the written submission received.



CITY PLAN

This report is in line with Council’s City Plan key direction to “develop and deliver best value services and facilities”.

6.2


27A CHERRY STREET MACLEOD - PROPOSED SALE OF LAND - HEARING OF SUBMISSIONS cont’d



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. Section 20 provides that “A person must not be deprived of his or her property other than in accordance with law”. It is considered that the subject matter does not raise any human rights issues because the power to sell the subject land is conferred on Council pursuant to section 189 of the Local Government Act 1989 (the Act). A person may make a submission under section 223 of the Act with respect to such a proposal.

BACKGROUND

Council is the owner of 62m2 of land, known as 27A Cherry Street, Macleod (subject land) shown delineated in Figure 1 below.

Figure 1: Land Proposed to be Sold

The subject land is part of a former ‘road’, discontinued by the former Heidelberg Council in 1972. A title search at the Land Registry confirms that the title particulars are Lot 1 on Title Plan 943008L, comprised in Certificate of Title Volume 11110 Folio 491 and Lot 1 on Title Plan 943283M, comprised in Certificate of Title Volume 11123 Folio 921. Both titles are registered in the name of Banyule City Council.

In October of 2012, the owner of 29 Joynt Street registered interest in purchasing the subject land, citing reasons of security.

CURRENT SITUATION

Access to the subject land is via an unconstructed right of way, 60 metres west of Dunstan Street, as shown in the photograph in Figure 2 below. The right of way is numbered in Council’s Road Register as RW252. An on-site inspection revealed no evidence of the right of way being used as a ‘road’ for vehicular access to the subject

6.2




land or other abutting properties namely the rear of 31-37 Joynt Street and 21-25 and Unit 2, 29 Cherry Street Macleod.

Figure 2: Unconstructed right of way entrance from Dunstan Street

The western end of the right of way is currently considered un-trafficable due to overhanging vegetation and dumped rubbish, as shown in the photographs in Figure 3 below.

Figure 3: Dumped rubbish and overhanging vegetation in the ‘road’

6.2




The subject land is a grassed area which appears to be an extension to the western-most end of the unconstructed right of way. Although the subject land appears to form part of the right of way, there is no evidence that the subject land is being used as a ‘road’ by any abutting property, including the rear of 29 Joynt Street, as can be seen in the photos in Figure 4 below.

Figure 4: Rear fence line of 29 Joynt Street has a pedestrian gate

The fence at the rear of 29 Joynt Street is in a state of disrepair. The owner of this property is anxious for this matter to be resolved in order to determine the new fence line. Currently a pedestrian access gate exists into the subject land from the rear of that property. It is apparent that the subject land is of no value other than to the owners of 29 Joynt and 27 Cherry Streets.

LEGAL CONSIDERATION

STATUTORY PROCEDURES Section 189 of the Local Government Act 1989 (Act) provides that, prior to selling land, Council must give public notice and invite submissions from the public on the proposal. A valuation must be obtained not more than six (6) months prior to the date of sale. Public notice of Council’s intention to sell the subject land was given in the “Heidelberg Leader” on 10 September 2014, with submissions on the proposal invited. Section 223 of the Act provides that any person may make a written submission on a proposal. Any person who makes a submission incorporating a request to be heard is entitled to appear in person or to be represented by a person acting on their behalf, before a meeting of Council.

6.2




SUBMISSION RECEIVED One submission was received from the owner of 27 Cherry Street, Macleod. The submission included a request to be heard before a meeting of Council. The submitter has been invited to attend Council’s ordinary meeting of 10 November 2014 to be heard in support of the written submission received. A copy of the written submission has been provided to the Councillors previously. The issues raised in the submission are paraphrased and a response outlined in the summary below. Table 1: Summary of written submission

Issue Submission Response

1. 2.

The registered proprietor of an abutting property, namely 27 Cherry Street, Macleod. Depending on price desire to purchase all the land rather than lose rear access. If not possible, would like to purchase one half of the land i.e. the parcel immediately adjacent to 27 Cherry Street.

Legal ‘road’ abuttal rights to the rear of 27 Cherry and 29 Joynt Streets were extinguished in 1972. Vehicle access to the rear of that property is reliant on the purchase of the whole of the subject land. Purchase of one half of the subject land will provide pedestrian access only. Insufficient width for vehicle access or the construction of a cross over (minimum width 3 metres).

DISCUSSION

None of the owners abutting the subject land appear to have ‘road’ abuttal rights over the subject land. Legal ‘road’ abuttal rights were extinguished in 1972 when part of the ‘road’ was discontinued. There is no evidence that the right of way, to the east of the subject site, is being used as a ‘road’ for vehicular access to the subject land or other abutting properties. If either owner of 27 Cherry or 29 Joynt Streets intends or desires to redevelop their property and to obtain rear access from the existing right of way to the east, they would need to purchase the whole of the subject land (i.e. both parcels) in order to provide sufficient width for vehicle access. On the one hand, the whole of the subject land could be sold to either the owner of 27 Cherry Street or 29 Joynt Street. This would provide ‘road’ abuttal to the existing right of way with sufficient width for vehicle access to the acquiring owner. On the other hand, one half of the subject land could be sold to each party. This would provide both with ‘road’ abuttal rights, for pedestrian purposes only, to the existing right of way but insufficient width for vehicle access to the rear of their respective properties.

6.2




The property owner of 29 Joynt Street has indicated reluctance to relinquish the opportunity to purchase anything less than half of the subject land. However, it is considered that either option would resolve the security issues raised.

CONCLUSION

The subject land is a grassed section of land which appears to form the western-most end of the unconstructed right of way. Despite its appearance, there is no evidence that the subject land is being used as a ‘road’ by any abutting owner. In isolation the subject land has no value other than to the immediately abutting owners. The purpose of this report is for Council to consider the written submission received in respect to the proposal to sell the subject land and to hear from the submitter who has made a written request to be heard before a meeting of the Council. The written submission includes a request to purchase the subject land. Council must consider the written submission received and hear from the submitter. It is appropriate for Council to consider the sale of the subject land to an abutting or both abutting owners at a future Council meeting.

RECOMMENDATION

That Council: 1. Record that one submission, which included a request to be heard, was

received in response to the public notice given, pursuant to Sections 189 and 223 of the Local Government Act 1989, of Council’s intention to sell the Council owned land known as 27A Cherry Street, Macleod (subject land) and that this submission was considered and the submitter heard by Council at its Ordinary Meeting of 10 November 2014.

2. Determine whether or not to proceed with the sale of the subject land to an

abutting or both abutting owners at its Ordinary Meeting of 1 December 2014.

ATTACHMENTS

Nil

6.3



6.3 REZONING 22 AND 24 PETERS STREET, WATSONIA

Author: Daniel Kollmorgen - Manager Strategic & Economic Development, City

Development

Ward: Grimshaw

File: F2014/1334

EXECUTIVE SUMMARY

Planning Scheme Amendment C103 proposes to rezone the land at 22 and 24 Peters Street, Watsonia from Public Park and Recreation Zone (PPRZ) to General Residential Zone Schedule 1 (GRZ-1). The amendment is required to facilitate the possible sale of the land and reallocation of resources to purchase or improve land for public recreation within Banyule.

Amendment C103 has been on public exhibition for five (5) weeks from Thursday 28 August 2014 to Friday 3 October 2014. A total of two written submissions were received objecting to the amendment. Discussions with the two submitters who objected to the proposal led to one submission being resolved and withdrawn. One submission remains unresolved. Council now needs to request a Planning Panel to consider the unresolved submission.



CITY PLAN


BACKGROUND

The two Council owned properties located at 22 and 24 Peters Street, Watsonia (subject land) are adjacent to A K Lines Reserve at 241 Grimshaw Street. The subject land is 1,150m2 in area and zoned Public Park and Recreation Zone. Refer Figure 1. The subject land was compulsory acquired by the former Shire of Diamond Valley in 1974 for the extension of the A K Lines Reserve. Council records indicate that the long-range plan at the time was to purchase all properties abutting A K Lines Reserve and fronting Peters Street or Knight Street. That plan did not proceed and the subject land is now surplus to recreational requirements in this location.

6.3


REZONING 22 AND 24 PETERS STREET, WATSONIA cont’d


Figure 1: 22 and 24 Peters Street, Watsonia The subject land fronts a residential street and is bounded by residential properties on the north-east and south-west sides. The subject land was originally residential allotments prior to purchase by Council in 1974; and the most logical and appropriate future use for the land is residential. Planning Scheme Amendment C103 proposes to rezone the land at 22 and 24 Peters Street, Watsonia from Public Park and Recreation Zone (PPRZ) to General Residential Zone Schedule 1 (GRZ-1). This zoning is consistent with the surrounding residential land. The amendment is required to facilitate the possible sale of the subject land and reallocation of resources to purchase or improve land for public recreation within Banyule. Amendment C103 was publically exhibited from Thursday 28 August 2014 until Friday 3 October 2014. Notice was given by:

Published in the Government Gazette on 28 August 2014

Public Notice in the Diamond Valley Leader on 3 September 2014

Writing to nearby residents and sporting clubs who use AK Lines Reserve

Writing to the Minister for Planning and other relevant Ministers

Information displayed at Council’s three customer service centres

Information at Watsonia public library

Information published on Council Website

6.3




LEGAL CONSIDERATION

In accordance with Section 21 of the Planning and Environment Act 1987 submissions may be made during the exhibition period. Two written submissions were received during this time. Submissions The two submissions were received from residents in Peters Street opposing the Amendment. Discussions with the submitters who objected to the proposal led to one submission being resolved and withdrawn. The other submission remains unresolved. The concerns raised in the unresolved submission relate to:

Reduces parkland available for recreation

Removes ‘warm-up’ area for sporting clubs

Reduce property value of adjacent and nearby properties

An increase in traffic along Peters Street

Removal of trees and impact on neighbourhood character

Parking concerns

A summary of the issues raised and Councils response is included in Attachment 1.

DISCUSSION

Now that public exhibition of Amendment C103 is done and discussion with submitters has occurred, Council can now consider requesting the Minister for Planning’s appointment of a Planning Panel to consider the unresolved submission. Council’s preparations for a Planning Panel would respond to the issues raised in the remaining submission. A tentative Panel Hearing date has been set for the 23 February 2015. To comply with Ministerial Direction 15, Council must request the appointment of a Panel under Part 8 of the Act within 40 business days of the closing date for submissions. In this case Council needs to request the Minister for Planning’s appointment of a Planning Panel by 1 December 2014.

CONCLUSION

Public exhibition of Planning Scheme Amendment C103 to rezone 22 and 24 Peters Street Watsonia is now complete. Following consultation with submitters there is now only one unresolved submission. The unresolved issues in this submission can be passed into a Planning Panel process, so that Council can consider a Panel’s recommendations in the future.

RECOMMENDATION

That Council: 1. Request the Minister for Planning’s appointment of a Planning Panel to

consider the unresolved submission to Planning Scheme Amendment C103. 2. Advise submitters of Item 1.

6.3




ATTACHMENTS

No. Title Page

1 Amendment C103 Summary of Issues 220

6.4



6.4 55-59, 61 AND 63 MAIN STREET GREENSBOROUGH - PROPOSED SALE OF LAND

Author: Jeanette Kringle - Property Co-ordinator, City Development

Ward: Bakewell

File: F2014/2006

Previous Items Council on 7 July 2014 (Item 11.2 - GREENSBOROUGH PROJECT -

COMMERCIAL LAND OPPORTUNITIES AND SALES)

EXECUTIVE SUMMARY

At its Ordinary Meeting of Council on 7 July 2014, Council authorised the commencement of the statutory procedures to give public notice of its intention to sell the Council owned land and buildings known as 55-59, 61 and 63 Main Street Greensborough (subject land) in accordance with section 189 of the Local Government Act 1989 (Act). Public notice was given in the “Diamond Valley Leader’ on 20 August 2014, with submissions on the proposal invited in accordance with section 223 of the Act. The submission period closed at 5:00 pm on 16 September 2014. At its Ordinary Meeting of Council on 20 October 2014 (CO2014/357) Council received a report on the outcome of the public notice given, recording that no submissions were received. The purpose of this report is for Council to determine whether or not to proceed with the sale of the subject land.



CITY PLAN

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


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. Section 20 provides that “A person must not be deprived of his or her property other than in accordance with law”.

6.4


55-59, 61 AND 63 MAIN STREET GREENSBOROUGH - PROPOSED SALE OF LAND cont’d


It is considered that the subject matter does not raise any human rights issues. Council has the legislative power to sell land owned or vested in Council’s name. Section 223 of the Local Government Act 1989 (Act) provides that a person may make a submission in respect of a proposal by Council to sell land.

BACKGROUND

In 2006 Council entered into a Development Agreement with Lend Lease and Consolidated Properties, trading as Greensborough and Partners Pty Ltd, to undertake the GreenEdge Project. This project involved the redevelopment of the Greensborough Principal Activity Centre. The first stage of the project included redevelopment of land predominantly owned by Council and also included the redevelopment of some privately owned land. In order to facilitate the redevelopment of privately owned land Council sought and obtained approval from the Minister for Planning for the application of the Public Acquisition Overlay (PAO) control over certain parcels of land in Main Street Greensborough, namely 55-59, 61, 63 and 66 Main Street. Council compulsorily acquired these properties in December 2007 to provide a new entrance to the Greensborough Plaza on the west side of Main Street immediately opposite the Greensborough Walk. The property at 66 Main Street has already been resold as part of the redevelopment adjacent to the Greensborough Walk on the east of Main Street. The properties, the subject of this report, are shown highlighted on the plan in Figure 1 below.

Figure 1: Title Configuration

6.4




Lend Lease no longer owns Greensborough Plaza and the new owner has indicated that it is not currently interested in acquiring the properties from Council for redevelopment purposes. At its Ordinary Meeting of Council on 7 July 2014 (C2014/215), Council authorised the commencement of the statutory procedures to give public notice of its intention to sell the Council owned land and buildings known as 55-59, 61 and 63 Main Street Greensborough (subject land) in accordance with section 189 of the Act. At its Ordinary Meeting of Council on 20 October 2014 (CO2014/357) Council received a report on the outcome of the public notice given and recorded that no submissions were received.

CURRENT SITUATION

The land and building known as 55-59 Main Street Greensborough is currently leased to the Commonwealth Bank of Australia. Any sale of this property would be subject to the terms and conditions of the existing lease. The other two properties, namely 61 and 63 Main Street, are currently occupied on a month to month basis as part of the Renew Australia program. These properties could be offered for sale with vacant possession.

LEGAL CONSIDERATION

Section 189 of the Act confers on Council the power to sell land, subject to complying with section 223 of the Act, which provides that Council must give public notice and invite submissions from the public before exercising such power.

Public notice of Council’s intention to sell the subject land was given in the “Diamond Valley Leader’ on 20 August 2014, with submissions on the proposal invited. The submission period closed at 5:00 pm on 16 September 2014. No submissions were received. Section 189 of the Act also provides that prior to the sale of land Council must obtain, from a person who holds the qualifications or experience specified under section 13DA(2) of the Valuation of Land Act 1960, a valuation of the land which is made not more than six (6) months prior to the sale or exchange.

POLICY CONSIDERATIONS

GUIDELINES FOR THE SALE AND EXCHANGE OF COUNCIL LAND

The Guidelines for the Sale and Exchange of Council Land, adopted by Council in April 2009, provide that the sale of Council-owned land should be conducted through a public process, that is by public auction, public tender or by expression of interest, unless circumstances justify an alternative method of sale. Any sale of Council-owned land should be in the best interest of the community and provide the best result, both financial and non-financial for Council and the community.

6.4




DISCUSSION

The giving of public notice does not compel Council to sell the subject land. Council is merely complying with its statutory obligations under the Act to give public notice on the proposal. That said, the purpose for the acquisition of the subject land no longer exists. The new entrance to Greensborough Plaza opposite the Greensborough Walk, as foreshadowed by Lend Lease will not be proceeding. This investment should now be realised in order the release funds for reinvestment into the municipality. This could be achieved by offering the subject land for sale at public auction.

FUNDING CONSIDERATIONS

Funding from the sale of the subject land would contribute to the funding model for the new civic office building at Greensborough. This will assist in achieving the following key objectives:

Fulfilling the original vision for the Greensborough project;

Provide a return on investment in the project to date;

Provide funds which can be used to re-invest within the municipality.

CONCLUSION

Council compulsorily acquired the subject land in December 2007 to provide a new entrance to the Greensborough Plaza on the west side of Main Street immediately opposite the Greensborough Walk. The new owner of Greensborough Plaza indicated that it is not currently interested in acquiring the properties from Council for redevelopment purposes. Therefore the subject land is now considered surplus to Council’s and the community’s needs. Any sale of Council-owned land should be in the best interest of the community and provide the best result, both financial and non-financial for Council and the community. Council has made significant progress on the implementation of the Greensborough Project but is yet to fully meet the vision outlined in the Greensborough Principal Activity Centre Structure Plan, specifically in relation to the provision of a new civic office building. The sale of the subject land will link financial management with the business planning processes, enabling funds to be made available for reinvestment back into the municipality. The Guidelines for the Sale and Exchange of Council land provides that the sale of Council-owned land should be conducted through a public process. In this instance the sale of the subject land at public auction is the most appropriate method of sale. Consequently, the proposal to sell the subject land at public auction should be supported.

6.4




RECOMMENDATION

That Council: 1. Having recorded, at its Ordinary Meeting of 20 October 2014, that no

submission were received in relation to Council’s intention to sell the Council-owned land and buildings known as 55-59, 61 and 63 Main Street Greensborough (subject land), in accordance with sections 189 and 223 of the Local Government Act 1989, approves the offering of the subject land for sale at public auction.

2. Directs that a valuation be obtained prior to the sale of the subject land. 3. Authorises the signing and sealing of the documentation at the appropriate time

to effect the sale and transfer of the subject land. 4. Consider a further report in relation to setting the reserves for the sale of the

subject land.

ATTACHMENTS

Nil

6.5



6.5 REVIEW AND UPDATE OF DELEGATIONS Author: Vivien Ferlaino - Governance & Information Co-ordinator, City

Development

File: F2014/38

EXECUTIVE SUMMARY

The Local Government Act 1989 (LGA) allows Councils to delegate to council staff certain powers by instrument of delegation. There are numerous statutes which confer a responsibility on Councils to take action or determine matters, it is not practical for the Council and the Chief Executive Officer alone to exercise the many statutory powers bestowed on the Council. A delegation of a Council power enables a member of Council staff to act on behalf of Council and allows for the effective day to day functioning of Council. A delegated decision, once made, is for all legal purposes a decision of the Council. For delegations to remain current, they are reviewed generally once to twice a year based on advice from Council’s solicitors (Maddocks) who provide updates throughout the year. There may be a requirement for an update earlier due to changes to officer’s titles or as a result major legislative changes. A review of the management structure of the Council’s Administration has occurred and the new management structure takes effect on 17 November 2014. This requires the update of the delegations to ensure all relevant positions have the appropriate delegation in accordance with the correct title and in place by this date. This update only makes changes to officer titles and are incorporated into the revised Instruments of Delegation, proposed for adoption by Council and include: the delegation to the Chief Executive Officer and the following Acts and associated regulations: Domestic Animals, Environment Protection, Food, Planning, Residential Tenancies and Road Management.



CITY PLAN

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

BACKGROUND

In accordance with section 98(1) of the Local Government Act 1989 a Council may by instrument of delegation, delegate to a member of its staff any power of a Council under this Act or any other Act

6.5


REVIEW AND UPDATE OF DELEGATIONS cont’d


other than—

(a) this power of delegation; and (b) the power to declare a rate or charge; and (c) the power to borrow money; and (d) the power to approve any expenditure not contained in a budget

approved by the Council; and (e) any power of the Council under s223; and (f) any prescribed power.

Council subscribes to a delegation package by Maddocks Solicitors. An update is received twice a year and includes advice and changes to legislation. The Council delegations were last reviewed in August 2014.



Current Update

The new management structure further aligns Council’s services and provides for greater synergy in the alignment of like services with management responsibilities, an improved governance regime and ensuring our organisation remains sustainable into the future. Some members of the Management team have changed portfolios or been allocated a new portfolio and to reflect the change titles of positions have changed. The position titles that require to be updated are:

Manager Assets & Infrastructure

Manager Capital Projects

Manager Health, Aged and Community Planning

Manager Property & Economic Development

Manager Transport, Sustainability and Municipal Laws

Manager Urban Planning and Building There are two other Managers titles being the Manager Organisational Systems and Manager Governance & Communication that have also changed however they do not require delegation to the various Acts and Regulations presented in this report.

LEGAL CONSIDERATION

Council is not a natural person and therefore, on a practical level, must undertake its responsibilities through others, usually through Council officers. A delegation of a Council power enables a member of Council staff to act on behalf of Council and allows for the effective day to day functioning of Council. It is not practical for the Council and the Chief Executive Officer alone to exercise the many statutory powers bestowed on the Council. There are numerous statutes, over

6.5




80 in Victoria alone, which confer a responsibility on Councils to take action or determine matters. The Act provides for the delegation of Council’s powers under that Act or any other Act by instrument of delegation to the Chief Executive Officer, who in turn has the power to sub-delegate to Council staff under Section 98 (2) of the Act, however a number of other Acts do not permit any sub-delegation and these instead are delegated direct from Council to staff, for instance, delegations under the Planning and Environment Act 1987 and the Environment Protection Act 1970. It is important to note that a delegation is not:

the performance of an administrative task; example – a function under a position description;

an action of an authorised officer under section 224 of the Act; example – prosecuting an offender; or

decision making under a statutory appointment; example – making a decision as an appointed officer under the Freedom of Information Act 1982.

Decisions by the Council

The Council is a legal entity composed of its members (i.e. the Councillors). Because it is not a "natural" person, it can act in only one of two ways: by resolution, or through others acting on its behalf. As a statutory entity, Council is able to do only those things which it is authorised by statute to do. The power of a Council to act by resolution is set out in section 3(5) of the Act –

"(5) Where a Council is empowered to do any act, matter or thing, the decision to do the act, matter or thing is to be made by a resolution of the Council."

Decisions by the Delegate A delegated decision, once made, is for all legal purposes a decision of the Council (section 42A of the Interpretation of Legislation Act); itself but it should be noted that Council retains all powers that it delegates under the various instruments of delegation and has the ability to exercise those powers if it so chooses. It cannot, however, overrule a decision already taken by a delegate. Chief Executive’s Delegation The instrument of delegation to the Chief Executive Officer may empower the Chief Executive Officer to exercise various powers of the Council, including the power to delegate powers to council officers. The CEO sub-delegates its powers to staff. The advantage for a Council in conferring on its chief executive officer the power of sub-delegation is that it need not concern itself with many of the details of Council administration and enables decisions to be handled at the appropriate level within the organisation in line with the relevant member’s level of responsibility. Maddocks Lawyers have previously advised that it would be prudent for Council to update the Instrument of Delegation to the Chief Executive Officer every time delegations from Council direct to Officers are changed. Therefore, as part of this update (and every subsequent update to the delegations to Officers by Council) the Instrument of Delegation to the Chief Executive Officer will be re-made whether there

6.5




are any changes or not. In this instance there are no changes to the CEO delegation. The Register of Delegations

Under section 98 of the Local Government Act a register of delegations to members of Council staff must be kept. Those registers of delegations including the date when delegations were last reviewed must be made available for public inspection (regulation 11(j) of the Local Government (General) Regulations 2004).

The Instruments of Delegation attached are those where Council is required to delegate its powers directly to Council staff holding certain positions within the organisation. The following delegations are being reviewed: the delegation to the CEO, Domestic Animals Act, Environment Protection Act, Food Act, Planning and Residential Tenancies Act and the Road Management Act including the regulations. The changes include updates to legislation.

CONCLUSION

This update ensures that Council’s delegations remain up to date and cover all relevant provisions for the appropriate positions. In undertaking this review, a range of general and specific matters raised by Maddocks have been addressed and incorporated into the revised Instrument of Delegation, proposed for adoption by Council.

RECOMMENDATION

In the exercise of the powers conferred by section 98(1) of the Local Government Act 1989 (the Act) and the other legislation referred to in the attached instruments of delegation for the Chief Executive Officer and the following Acts and associated regulations: Domestic Animals, Environment Protection, Food, Planning, Residential Tenancies and Road Management, Council resolves that- 1. There be delegated to the members of Council staff holding, acting in or

performing the duties of the offices or positions referred to in the attached Instrument of Delegations, the powers set out in that instrument, subject to the conditions and limitations specified in that Instrument.

2. The instrument comes into force immediately the common seal of Council is affixed to the instrument.

3. On the coming into force of the instruments all previous delegations to

members of Council staff are revoked. 4. The powers set out in the instruments must be executed, in accordance with

any guidelines or policies of Council that it may from time to time adopt.

ATTACHMENTS

No. Title Page

1 CEO Delegation 221

2 Domestic Animals Delegation 225

6.5




3 Environment Protection Delegation 227

4 Food Delegation 230

5 Planning Delegation 232

6 Residential Tenancies Delegation 236

7 Road Management Delegation 239

6.6



6.6 SCHOOL SITES PROJECT UPDATE AND OUTCOME OF REQUEST FOR TENDER PROCESS: 229 BANKSIA STREET, IVANHOE (FORMER BELLFIELD PRIMARY SCHOOL)

Author: Michael Hutchison - Projects Coordinator, City Development

Ward: Olympia

File: F2014/342

Previous Items Council on 21 July 2014 (Item 4.4 - Notice of intention to sell land: 229 Banksia

Street, Ivanhoe (former Bellfield Primary School site))

Council on 15 September 2014 (Item 4.4 - Proposed Sale of 229 Banksia Street, Ivanhoe (former Bellfield Primary School Site))

EXECUTIVE SUMMARY

This report announces the outcome of the Request for Tender process for the sale of 229 Banksia Street, Ivanhoe (Ivanhoe site) and provides an overall project update. In summary:

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

Contracts of sale have now been executed and the final sale price is $22,100,000

Financial return will be used to offset borrowing, demolition, legal and other costs and position Council to contribute to the proposed community stadium precinct in Banksia Street as well as other projects within the municipality.

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.

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.

A planning application has been lodged for the Haig Street development site.

Planning for the Banksia Stadium Precinct is progressing. Stockland, one of Australia’s largest and experienced developers has proposed a high quality master plan with a mix of housing outcomes. This report recommends Council receives the project update and communicates this outcome to the public.

6.6


SCHOOL SITES PROJECT UPDATE AND OUTCOME OF REQUEST FOR TENDER PROCESS: 229 BANKSIA STREET, IVANHOE (FORMER BELLFIELD PRIMARY SCHOOL) cont’d




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 three former school sites are located as follows:

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 La Trobe Secondary College site: 228-230 Banksia Street, Bellfield (Bellfield site).

3. Former Bellfield Primary School site: 229 Banksia Street, Ivanhoe (Ivanhoe site).

Council purchased the three former school sites from the Minister for Education with settlement occurring on 11 November 2013.

6.6




CURRENT SITUATION

Ivanhoe site Expression of Interest – Ivanhoe redevelopment site Council conducted a two-phase selection process to identify parties that can work closely with Council to implement strategically important development opportunities. A public Expression of Interest (EOI) process was completed in July 2014 to provide an opportunity to identify potential purchasers for 229 Banksia Street, Ivanhoe. The respondents were shortlisted and then invited to submit a refined proposal and final tender price as part of a Request for Tender (RFT). The RFT closed on 4 September 2014 and submissions were assessed. Council considered the evaluation and selection of the RFT process under a separate confidential report. The selected tenderer is Stockland, one of Australia’s largest and diversified property groups – owning, developing and managing a large portfolio of shopping centres, residential communities, retirement living villages, office and industrial assets. The purchase price is $22,100,000 with settlement forecast during the first quarter of 2015. The financial return will be used to offset borrowing, demolition, legal and other costs and position Council to contribute to the proposed community stadium precinct in Banksia Street as well as other projects within the municipality. The proposed concept is for 79 predominately two-storey dwellings, which is consistent with the suggested range of 80 to 140 dwellings established by Council. There are six proposed housing types of three and four bedroom with some three-storey townhouses providing an opportunity for SOHO (Small office/Home office) along the Banksia Street frontage. The development incorporates public roads and purposefully retains the most significant, mature trees growing on the sites. Some small public open space areas are proposed along with onsite parking. A planning application for the proposal is anticipated to be lodged late 2014 or early 2015. Whilst the plan is subject to change as it is being developed for the planning application stage, it is noted that it is expected to be generally in accordance with the current concept and may comprise 80 to 90 townhouses. Any proposal will need to adhere to the requirements of Council’s Development Guidelines. A copy of the proposed site layout plan is included and discussed in further detail below. Community engagement Community information sessions can now be planned with Stockland and the local neighbourhood near the development site. Bellfield sites Advocacy for educational site opportunity – Bellfield site Council has sent several letters and made a number of representations to both the State Government and Opposition advising that Council would consider selling the land at 230 Banksia Street, Bellfield at a price to be determined by valuation undertaken by the Valuer-General Victoria. Council’s position is that the land will remain available for a new educational facility until the conclusion of the state election in November 2014. To date, no commitments for this site have been made by the State Government or Opposition.

6.6




Stadium Precinct – Banksia Street Planning for the Banksia Community Stadium precinct is progressing and Council is actively engaging with a range of stakeholders to develop the most appropriate outcome for the site. Council is also continuing to seek government support for funding. Haig Street site Planning application and open space A number of community information sessions have been held in relation to the planning proposal, design principles for the open space and Council’s proposal for local traffic calming measures. A planning application for 118 dwellings, consistent with the concept proposal, has been lodged and is currently being considered by Council.

DISCUSSION

The Ivanhoe site proposed concept plan offers an integrated development which is consistent with the range of 80 to 140 dwellings determined by Council in the Development Guidelines. The dwellings will incorporate thermally-efficient and energy-efficient design features and the latest deign elements to allow more natural light into the buildings. Stockland’s planned three and four bedroom terraces will all feature dedicated, on-site parking for one or two cars and some will also include home offices to appeal to the growing number of people who choose to work from home. The development will include six different home designs, each with its own unique look and feel to enhance the character of the local area and appeal to a diverse community.

6.6




The development proposal also addresses important matters outlined in the Development Guidelines including:

The siting of buildings and setbacks

Many high and medium retention trees are retained and further plantings and other landscaping is proposed.

20 percent of dwellings will incorporate accessible design features in accordance with the Guidelines produced by Liveable Housing Australia and AS4299 Adaptable Housing Standard.

Additional to the features mentioned above, Environmentally Sustainable Design (ESD) considerations such as solar access, energy, water saving and waste initiatives are included.

The proposal is subject to a full planning permit application process that includes public notification and consideration by Council. It is anticipated that the application will be lodged late 2014 or early 2015. An independent Probity Auditor has signed off on methodology and Council’s conducting of the EOI and RFT process.

CONSULTATION

Further consultation is proposed as follows: Ivanhoe site A further community information session is proposed prior to the lodgement of a planning application. This session will provide an opportunity for details of the development proposal to be presented to the community. Opportunity also remains for the community to participate further in the public process when the development proposal is formally advertised in accordance with the provisions of the planning scheme. Haig Street site Planning for this site is well advanced. Council will continue to engage with the community in relation to its aspirations for the development of open space and its proposed traffic calming concept plan. Bellfield sites – education site opportunity and stadium precinct Council will continue to keep the community updated on progress with these sites and its advocacy work in relation to community concerns about reduced schooling options in the area and the State Government and Opposition’s response to questions about their interest in using some of the land on the Bellfield site to build a new school. As mentioned above, planning for the Community Stadium precinct is progressing and Council is actively engaging with a range of stakeholders to develop the most appropriate outcome for the site. Council is also continuing to seek government support for funding.

6.6




CONCLUSION

The outcome of the RFT process at the Ivanhoe site provides an opportunity for an exciting and high quality redevelopment on a key strategic infill site. Council’s robust and thorough process has ensured its vision for the site and overall project will be delivered. The proposed development concept is consistent with the aspirations of the Development Guidelines established by Council. Future community information sessions are proposed to explain the concept before a planning application is lodged. Development across the site is expected after a planning application which is anticipated to be lodged in late 2014 or early 2015. The financial return will be used to offset borrowing, demolition, legal and other costs and position Council to finance the proposed stadium precinct in Banksia Street and other projects. 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

RECOMMENDATION

That Council: 1. Write to all resident and property owners in the 229 Banksia Street, Ivanhoe

local neighbourhood area providing an update on the project announcing Stockland as the successful purchaser and advising of future consultation.

2. Update Council’s webpage with the latest information relating to the project.

ATTACHMENTS

Nil

7.1

Sealing of Documents


7.1 SEALING OF DOCUMENTS Author: Andrea Turville - Property Officer, City Development

Giovanna Failla – Manager Youth and Family Services, Community Programs

Ward: Griffin & Beale

File: F2013/970, F2013/1032 & F2014/248

The following documents require the affixing of the Common Seal of Council: 1

.

PARTY\PARTIES: Banyule City Council and Ivanhoe Endoscopy Centre Pty Ltd

OFFICER: Andrea Turville FILE NUMBER: F2013/1032 x F201/970 DOCUMENT: Lease ADDRESS: Tenancy 2 & 3, 226 Upper Heidelberg Road,

Ivanhoe WARD: Griffin BRIEF EXPLANATION: Council is the owner of a commercial building

situated at 226 Upper Heidelberg Road, Ivanhoe. The current occupier of Tenancies 2 & 3, Ivanhoe Endoscopy Centre Pty Ltd, has exercised its option to renew the current leases for a further period of three (3) years. The leases provide for further terms of three (3) years commencing 9 June 2014. Council should formally ratify the leases by resolving to affix its Common Seal to the Lease documents.

2

.

PARTY\PARTIES: Banyule City Council and The State of Victoria as represented by the Department of Education and Early Childhood Development (DEECD)

OFFICER: Giovanna Failla FILE NUMBER: F2014/248 DOCUMENT: Common Funding Agreement ADDRESS: Outlook Crescent, Briar Hill VIC 3088 WARD: Beale

7.1

Sealing of Documents

SEALING OF DOCUMENTS cont’d


BRIEF EXPLANATION: The State of Victoria as represented by the Department of Education and Early Childhood Development (DEECD) has made available to Banyule City Council $2 Million in grant funding for the development of a new early learning facility on a Government School Site. The grant offered to Banyule City Council on 28 October 2014 is to enable Council to construct and operate (either directly or through tendering this function to another organisation) an early learning facility within the grounds of the Sherbourne Primary School located at Outlook Crescent, Briar Hill. The disbursement of the grant funding is subject to Council entering into a Common Funding Agreement with the Department of Education and Early Childhood Development. Ratification of the proposal is required by the affixing of Council’s seal to the Common Funding Agreement.

RECOMMENDATION

That the Common Seal of the Banyule City Council be affixed to the following documents: 1. The leases between Banyule City Council and Ivanhoe Endoscopy Centre Pty

Ltd for the leases of Tenancies 2 & 3, 226 Upper Heidelberg Road, Ivanhoe for the term of three (3) years with options for a further term of three (3) years.

2. The Common Funding Agreement between The State of Victoria represented

by the Department of Education and Early Childhood Development and Banyule City Council to facilitate the distribution of the funds to develop a new early learning facility to be located within the grounds of the Sherbourne Primary School at Outlook Crescent, Briar Hill VIC 3088.

ATTACHMENTS

Nil

8.1

Notice of Motion


8.1 COMPACT WITH SOMALI COMMUNITY Author: Cr Rick Garotti

Ward: Grimshaw

File: F2014/492

TAKE NOTICE that it is my intention to move:

“That Council Officers prepare a report to Council that considers the attached draft Compact between Banyule City Council and the Banyule Somali Community at the Council meeting scheduled for 17 of November 2014.”

Explanation On the 17 November 2014 leaders from the Somali community will join with Councillors and Council Officers for dinner before the official meeting of Council. The purpose of the dinner will be to canvass the ideas and views from Somali community leaders on how Council and the community can work better together to deliver outcomes for Somali community residents in Banyule. At the Council meeting following the dinner, it is suggested that Council could consider the draft compact which has been developed in consultation with community leaders. The purpose of the Compact is to demonstrate the shared commitment of Council and the Somali community to work with each other for the betterment of the Community. It is proposed that the Compact be signed by leaders within the Banyule Somali Community, with the Mayor, CEO and Chair of the Multicultural Advisory Committee sign on behalf of the City of Banyule, Copies of the signed Compact should then be framed and provided to the Somali community in Banyule.

CR RICK GAROTTI GrimshawWard

ATTACHMENTS

No. Title Page

1 Draft Compact Between Banyule City Council and Somali Community 242

8.2

Notice of Motion


8.2 COUNCIL ASSISTED ORGANISATIONS Author: Cr Rick Garotti

Ward: Grimshaw

File: F2014/492


“That Council officers prepare a report on all of the organisations, including peak bodies, industry associations and service providers, that Council provides funding to on an ongoing basis within one month of this meeting. The report should be prepared in a table format that describes each organisation, the amount of funding allocated to them in the 2014-15 budget and a brief summary of what the funding is used for by the respective organisations.”

Explanation In the lead-up to deliberations for the 2015-16 Council budget, Council will closely review all expenses to ensure that it can eliminate inefficient expenditure and reduce increases in rates. One key expense area that must be reviewed is all of the funding that is provided by Council to external organisations including major service providers as well as peak bodies and industry associations.

CR RICK GAROTTI GrimshawWard

ATTACHMENTS

Nil

8.3

Notice of Motion


8.3 BURGUNDY STREET, HEIDELBERG, FOOTPATH REHABILITATION WORKS

Author: Cr Jenny Mulholland

Ward: Griffin

File: F2014/492

TAKE NOTICE that it is my intention to move: “That Council officers investigate and refer funding for budget consideration in the 2015 /16 budget process for rehabilitating the footpath in Burgundy Street, Heidelberg, where the recent gas works have occurred.”

Explanation During October, there has been a gas main replacement works in Burgundy Street, Heidelberg, that has resulted in the many gas connections to shops being replaced. This has created numerous trenches across the footpath, which has created a “patchwork look” to the footpath in this busy shopping precinct The gas contractor only has responsibility to replace the section of footpath that it has disturbed with the balance of the footpath Council’s responsibility. A representative of the traders has approached Council to consider the full replacement of the footpath disturbed by the gas contractor to improve the look and level of the footpath. The trader has indicated that the footpath has not been done for nearly 20 years and it is an unsightly mess of different levels, different surfaces and eroding quality asphalt. The cost to replace Council’s portion of the footpath is over $60,000 and is not currently budgeted for in Council’s capital works budget. There may also be further service authority work along the footpath, such as the roll out of the National Broadband Network, that may further interfere with the footpath that will need to be considered in any possible permanent footpath repair works.

CR JENNY MULHOLLAND GriffinWard

ATTACHMENTS

Nil

8.4

Notice of Motion


8.4 ANNUAL CHRISTMAS CAROLS Author: Cr Jenny Mulholland

File: F2014/4315


“That Council officers provide a report on the return of the annual Christmas Carols event to Ivanhoe Park as from December 2015.”

Explanation

Due to the ground reseeding at Ivanhoe Park several years ago the annual Christmas Carols were temporarily relocated to Greensborough to allow the ground to re-establish. Traditionally the carols have been held at Ivanhoe Park to coincide with the Boulevard lights. There has now been several seasons of football and cricket held at this oval. It is also noted that complaints have been received from the public relating to the Greensborough square site.

CR JENNY MULHOLLAND GriffinWard

ATTACHMENTS

Nil

8.5

Notice of Motion


8.5 ESTABLISHMENT OF A VOLUNTEER AWARDS WORKING GROUP

Author: Cr Craig Langdon

File: F2014/1243


“That Council establishes a Working Group including the Mayor, Deputy Mayor and Portfolio Councillor for Community Programs and relevant Council Officers to review and allocate the various awards and honours associated with the Volunteer Award Night.”

Explanation Currently Banyule staff are responsible for assessing and selecting recipients for the Volunteers Awards. The establishment of a Working Group would enable Councillors to work with staff and community members to assess applications and provide recommendations to Council. In much the same way that the Banyule Environmental Advisory Committee reviews the applications for environmental grants which are then endorsed by Council the Volunteer Awards Committee would incorporate a similar process in assessing applications and potential recipients.

CR CRAIG LANGDON OlympiaWard

ATTACHMENTS

Nil

8.6

Notice of Motion


8.6 MULTICULTURAL CITIZEN OF THE YEAR Author: Cr Craig Langdon

File: F2014/548


1. That Council establish an annual award honouring the outstanding work of a resident to Multiculturalism within the City of Banyule.

2. That the Award be presented to the resident at the Volunteer Ball similar to the

other awards like Citizen of the year.

Explanation

Banyule Council has over a number of years celebrating its volunteers by conducting an annual ball. In recent years the Council has not only made the event free for the volunteers it has also honoured outstanding contributions. Last year the Citizen of the Year and an Indigenous Award were created. Council has yet to recognise the outstanding work of its Multicultural community.

CR CRAIG LANGDON OlympiaWard

ATTACHMENTS

Nil

8.7

Notice of Motion


8.7 SENIORS BOOKLET Author: Cr Craig Langdon

File: F2014/313


1. That Council investigates the introduction of a Banyule Seniors Booklet. The booklet to include:

All the services offered by Council to its retired and senior citizens;

Services provided by the other levels of Government;

Council's planned activities & events;

Advertising discounts at local shopping centres for seniors;

Promoting our local RSL's in their welfare work, their activities and discounts for seniors;

Contact points for the hospitals, age care facilities, emergency phone numbers, Councillors and relevant Council services; and

Any other information which may be deemed helpful. 2. That a report be brought back to Council outlining the feasibility of the proposal. If

adopted the first booklet to be ready for next year’s Seniors events in October.

Explanation

Council offers lots of service, activities, events, etc but we do not have them contained in one readily available booklet. Council currently produced booklets for our events and has newsletters on a number of issues but no Seniors Booklet. As State Member I produced an annual booklet of information on services provided by the State Government as well as a shopping discount guide. The guide assisted the retired and seniors to obtain discounts at local shops. It was also designed to promote particular shops in their quiet times during the week or year. For example Cafe's offering discounts during their non-peak hours. This booklet took a staff member a few weeks a year to organise. The booklets were posted out to interested residents and handed out at events. Council's services, activities and events should be able to be easily obtained and made available for the Booklet. Council should also have knowledge of all the services available from the other levels of Government. Economic Development should be able to work with the Shopping Centre Co-ordinator to create a database of discounts etc. Similar to the City Plan Councillors details should be included as well as an introduction by the Mayor and CEO. CR CRAIG LANGDON OlympiaWard

8.7

Notice of Motion

SENIORS BOOKLET cont’d


ATTACHMENTS

Nil

ATTACHMENTS

ORDINARY MEETING OF COUNCIL ON 10 NOVEMBER 2014

2.1 Montmorency-Eltham RSL Electronic Gaming Machine increase proposal: Council response to the Victorian Commission for Gaming and Liquor Regulation (VCGLR)

Attachment 1 Banyule Electronic Gaming Machine Policy 2014 ............................ 96

Attachment 2 Draft Council Submission to the VCGLR re Montmorency-Eltham RSL proposal to increase Electronic Gaming Machines ....................................................................................... 102

4.1 Lease of Part of Chelsworth Park to Ivanhoe Grammar School

Attachment 1 Lease Amendment Schedule ......................................................... 117

Attachment 2 Chelsworth Park Lease: Amended Draft October 2014 ................. 118

4.2 Lower Heidelberg Road, Ivanhoe East - Parking Availability for Residents

Attachment 1 Correspondence received from residents of Lower Heidelberg Road ........................................................................... 187

4.6 198 Sherbourne Road, Montmorency - Request for Extension of Time to commence under the Permit

Attachment 1 Extension of time request .............................................................. 189

4.7 193 Liberty Parade Heidelberg West (known as 233 Southern Road Heidelberg West) - Proposed two lot subdivision, removal of restrictive covenant and creation of a municipal reserve

Attachment 1 Advertised Plans ........................................................................... 192

Attachment 2 Additional background information ................................................. 213

5.1 Multicultural Advisory Committee Meeting Membership

Attachment 1 Current Members of the Multicultural Advisory Committee ............ 216

6.3 Rezoning 22 and 24 Peters Street, Watsonia

Attachment 1 Amendment C103 Summary of Issues .......................................... 220

6.5 Review and Update of Delegations

Attachment 1 CEO Delegation ............................................................................ 221

Attachment 2 Domestic Animals Delegation ........................................................ 225

Attachment 3 Environment Protection Delegation ............................................... 227

Attachment 4 Food Delegation ............................................................................ 230

Attachment 5 Planning Delegation ...................................................................... 232

Attachment 6 Residential Tenancies Delegation ................................................. 236

Attachment 7 Road Management Delegation ...................................................... 239

8.1 Compact with Somali Community

Attachment 1 Draft Compact Between Banyule City Council and Somali Community .................................................................................... 242

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Item: 2.1 Attachment 1: Banyule Electronic Gaming Machine Policy 2014


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Item: 2.1 Attachment 2: Draft Council Submission to the VCGLR re Montmorency-Eltham

RSL proposal to increase Electronic Gaming Machines


Submission to the Victorian Commission for Gambling and Liquor Regulation regarding the application to increase the number of Electronic Gaming Machines at the Montmorency-Eltham RSL.

Social and Economic Impact Assessment November 2014

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Item: 2.1 Attachment 2: Draft Council Submission to the VCGLR re Montmorency-Eltham RSL proposal to increase Electronic Gaming Machines


1. INTRODUCTION The Montmorency-Eltham RSL Sub-Branch Inc. operates at Petrie Park, 16 Mountain View Rd, Montmorency. The applicant is seeking approval for the operation of an additional 15 electronic gaming machines (EGMs), increasing the total number of EGMs at the venue by 43%, from 35 to 50 EGMS. The VCGLR can only approve an application if satisfied that: “the net economic and social impact of approval will not be detrimental to the wellbeing of the community of the municipal district in which the premises are located1.” In September 2014 the applicant submitted a Socio-Economic Impact Report to the VCGLR, prepared by the NBA Group Pty Ltd, in which it concluded that the “introduction of 15 additional EGMs will have a slight net positive impact on the community of the City of Banyule” (p 5). Banyule City Council (Council) refutes this claim. Council opposes the proposed increase in the number of EGMs at Montmorency-Eltham RSL and submits that the additional EGMs will have a detrimental social and economic impact within Banyule and in particular on the local communities of Montmorency. Local Government Authorities are permitted to make a submission to the VCLGR on the social and economic impact of applications to increase EGM numbers within the municipality. This document presents Council’s position on this matter. We note that the role of the RSL is to serve and support returned service personnel and their families, and commend the RSL for their activities. Indeed the Council has supported and worked collaboratively with the RSL for many years – as evidenced by the fact that the RSL is located on Council owned land. Thus, Council is the landowner of the premises within which the increased EGMs is to be located. Our focus with this submission to the VCGLR is to present Council’s initial assessment of net community benefit associated with the increase in EGMS, the proposed renovations and the increased patronage that these changes are designed to generate. Council’s focus is also upon the considerable number of other users of the Petrie Park and adjoining Rattray Reserve, where the RSL is situated. It is unfortunate and concerning that the RSL did not follow the Council’s request and advice in 2013 to submit the Social Economic Impact Assessment to Council first, along with the planning permit for the renovations and increase in EGMs, to allow an adequate community consultation to properly assess benefits and harms associated with the application. Thus Council’s view is that the RSL’s Social Economic Impact Assessment presents only partial information as there has not been sufficient time to include the wider community input. This is now being undertaken as a part of the planning permit process, which has only just commenced with the lodgement of the planning permit to Council on October 6th 2014 for the renovation to the building as well as the increase in EGMs.

1 Gambling Regulation Act 2003, S. 3.3.7(c) and S. 3.4.20 (1c).

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Council has identified five concerns with the application to increase EGMs by 43%. Council’s concerns are summarized below and detailed descriptions are provided on Table 1 on pages 9-12. 1. Accessibility - The venue is in a community hub which goes against the guidelines.

2. Accessibility – no greenline has been included in the proposed site plan. There is

also confusion as the amended plans submitted to the VCGLR on 24/10/14 relate to a different site. These are also different to the plans lodged with Council on 6/10/14 as a part of the planning permit. Thus three separate plans have been submitted for the same renovations.

3. Some of the identified ‘community benefit’ are in fact marketing tools – Some of the

stated and proposed community contribution is unclear and not targeted to benefitting the community.

4. Accessibility – machine density is already high. The identified catchment area is

already too close to the statewide cap of 10 EGM per 1000 adults.

5. Community detriment – Rates of problem gambling are significant in Banyule. A higher

than expected proportion of Banyule residents use Gamblers Help in the North.

Council is also challenging the benefit the applicant claims is associated with the 43% increase in EGMs in Table 2 on pages 13-15. These are summarised as follows:

1. Insufficient assessment of community benefits & harms Council’s view is that the RSL’s Social Economic Impact Assessment presents only partial information as there has not been sufficient time to include the wider community input, and properly assess benefits and harms associated with the application. 2. Insufficient detail is provided on the community benefit Many of the community benefits within the application are based on the broad role of the RSL, without detail provided. More specific information is needed to assess whether the community benefits do indeed outweigh the harms. 3. “Taking money from the community is necessary to serve the community better.” This view expressed by the RSL applicant that they need to take more money from the community to be able to serve the community better seems contradictory. 4. Transfer of 95% expenditure from other EGM venues is overly optimistic The Applicant’s Expenditure Report indicates that the additional revenue from the 15 EGMs will be approximately $653,655, taking the total losses from the community to more than $2 million per year. The 95% transfer rate seems overly optimistic. 5. These 15 EGMs will generate more loss per machine than was the case at Heidelberg RSL (i.e. $43,577 per machine compared to $14,143) This application is for 15 of the 25 EGMs that were previously at the Heidelberg RSL, which closed in January 2013. Whilst the Montmorency proposal represents an overall decrease in the municipality of 10 machines (i.e. only 15 of the 25 Heidelberg RSL EGMs), there will be

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an increase in overall community loss to EGMs in financial terms i.e. $653,655 per year compared to $353,563 per year. 6. Car Parking & Traffic Congestion There is already considerable congestion at the site, which will be exacerbated if there is greater use of the RSL facilities. The combination of parking and traffic congestion with toddlers and small children is hazardous. In summary: 1. Council opposes the proposed expansion in EGMs provision at the Montmorency-

Eltham RSL; 2. This report provides information on the detrimental social and economic impacts

of the proposal; and 3. If the application for an additional 15 EGMs is approved by the VCGLR, despite

Council’s opposition, Council requests that the VCGLR make it a requirement of the licence that:

a. The gaming area be enclosed. It is currently unclear what the plans will be b. The RSL provide an independent car parking and traffic management

assessment, and submit to Council a plan that explores the potential for additional car parking provisions without causing detrimental impact to existing infrastructure. All additional costs from the assessment and the additional car parking provisions be borne by the RSL.

c. Community benefit be more adequately specified 2. METHODOLOGY Research to form the basis of this Social and Economic Impact Assessment (SEIA) was conducted by the Community and Social Planning Unit at Banyule City Council. Background information, research and data were collected from a range of sources, including:

a review of relevant research and data sources.

an analysis of legislation and policy directions.

a review of relevant Banyule City Council strategic plans and policies.

a review of relevant VCGLR, VCAT and Supreme Court decisions related to gaming.

analysis of local gambling statistics and EGM data.

review of the application, including estimated expenditure report and a Social and Economic Impact Statement.

Site visit to the Montmorency-Eltham RSL. Consultation with, and documents from, the following organisations also contributed to this assessment

North East Primary Care Partnership.

Darebin City Council.

Manningham City Council.

Moreland City Council. The development of this SEIA has been informed by the Social and Economic Impact Assessment Framework for EGMs (www.socialimpactsofpokies.org.au).

http://www.socialimpactsofpokies.org.au/

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3. APPLICATION DETAILS This SEIA relates to an application by the Montmorency-Eltham RSL Sub-Branch Inc. to the VCGLR to increase by 43% the number of approved gaming machines at Montmorency-Eltham RSL, Petrie Park, 16 Mountain View Rd, Montmorency from 35 to 50. 4. LEGISLATIVE CONTEXT Under both the Planning And Environment Act 1987 and the Gambling Regulation Act 2003, establishing the social and economic impact of a proposal is fundamental in assessing whether to grant a planning permit or to approve a venue to install gaming machines. This SEIA outlines Council’s view of the social and economic impact that the increase of fifteen EGMs (43% increase) in the Montmorency-Eltham RSL will have upon the area. 5. BANYULE CITY COUNCIL’S POLICY POSITION ON GAMBLING Council adopted its Electronic Gaming Machine Policy in June 2014. It was developed in consultation with a range of stakeholders including service providers, law enforcement agencies and members of the community. The Policy adopts a public health approach to gambling and is designed to prevent and/or minimise potential harmful social and economic impacts of gambling. This SEIA is consistent with, and informed by, Council’s Electronic Gaming Machine Policy 2014. Banyule’s Electronic Gaming Machine Policy 2014 includes a series of statements which explain the Council’s position, expectations and opportunities to collaborate on matters associated with Electronic Gaming Machines (EGMs) within and around the municipality. The Policy explains the importance and role of Social and Economic Impact Assessments (SEIA), makes clear Council’s position around its various roles and commits support to the development of implementation guidelines, to help navigate the application process. 6. OVERVIEW OF PROBLEM GAMBLING AND ITS PREVALENCE Problem gambling is characterised by difficulties in limiting money and/or time spent on gambling which leads to adverse consequences for the gamblers, their families, and for the community. The Productivity Commission estimates that between 0.5% and 1% of Australian adults have severe problems with gambling; and another 1.4% to 2.1% of adults experience moderate risks that make them prone to problem gambling. Furthermore, between 20% and 60% of EGM expenditure comes from those that can be considered problem gamblers2. Banyule is part of the North West Metropolitan Region. “A Study of Gambling in Victoria” identifies that this region has the highest problem gaming rates in the state. NWMR 1.18% P.G.s (0.7% Vic), 2.66%% moderate risk (2.36% Vic)3. Considerable research has been undertaken in Australia and internationally on gambler profiles. In general, it has been found that EGM gamblers who are unemployed, low income earners and have mortgages have a higher spend on EGMs and spend a greater proportion

2 Productivity Commission, Gambling – Inquiry Report Volume 1, 2010

3 Dept. of Justice (2009) A Study of Gambling in Victoria - Problem Gambling from a Public Health Perspective, p58-59

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of income on EGMs4. Another population group more vulnerable to harm by gambling is people who are socially isolated. This report explores the benefits and harms associated with the increased number of EGMs associated with this application. 7. THE LOCAL COMMUNITY 7.1 City of Banyule The municipality of Banyule has 21 suburbs and is between 7 and 21 kilometres north-east

of central Melbourne. Results from the 2011 Census, show that Banyule’s population was

122,722 residents. Banyule has a significant ageing population; however numbers are

similar to the nation as a whole. Banyule is also experiencing a ‘baby boom’, with an

increasing number of 0 to 4 year olds.

There are over 50 different cultural backgrounds identified by Banyule residents. 21% of

Banyule residents were born overseas, and just over 4% arrived in Australia during or after

2006. Nearly 20% of residents speak a language other than English at home, which is a rise

of almost a fifth from 2006. The main languages other than English spoken at home are

Italian, Greek, Mandarin, Cantonese and Arabic. Between 2006 and 2011, languages that

have experienced the most growth are Mandarin, Somali, Hindi and Punjabi.

Whilst overall employment in Banyule is in line with the Melbourne metropolitan average,

trends indicate that unemployment is growing. In Banyule the unemployment rate rose from

4.2% in 2006 to 4.4% in 2011. Unemployed residents are unevenly spread across Banyule

and some areas demonstrate much higher unemployment rates than others.

7.2 Overview of Gambling in Banyule There are currently 11 venues operating a total of 651 EGMs within Banyule. In 2011/12 $57,804,745 was spent at these EGMs, $581 per adult, close to the Victorian average. The Montmorency-Eltham RSL currently operates 35 of these EGMs and receives an existing annual gaming expenditure of more than $1.4 million. It has been calculated that 15 additional EGMs at the Montmorency-Eltham RSL would result in additional gaming expenditure of $653,655, ($43,577 per machine) in the first 12 months of operation5. The Heidelberg RSL closed in January 2013, and had previously operated 25 EGMs. In March 2013 the Montmorency-Eltham RSL committee agreed to secure the entitlements for 15 of the 25 EGMs held by the Heidelberg RSL (subject to the approval sought from this application). Whilst the Montmorency proposal represents an overall decrease in the municipality of 10 machines (i.e. only 15 of the 25 Heidelberg RSL EGMs) – it will be an increase of 15 within the Montmorency area.

4 Dept. of Justice, Socio-Economic impacts of access to electronic gaming machines in Victoria, 2011

5 Gaming Expenditure Estimate, Montmorency-Eltham RSL Social and Economic Impact Statement

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Furthermore, the EGMs at Montmorency take a higher loss from the community per machine than the EGMs at Heidelberg. These greater losses per machine are expected to continue if the EGMs are placed at Montmorency. Heidelberg’s 25 machines resulted in losses of $353,563 for the year (an average of $14,143 per machine). The estimate from the applicant is that these machines will generate $43,577 per machine at the Montmorency-Eltham RSL. Thus the additional 15 EGMs will generate $653,655, taking the total losses from the community to more than $2 million per year at the Montmorency-Eltham RSL. Therefore the increase in machines at Montmorency will have a more deleterious effect on the community than at Heidelberg. 7.3 Gamblers Help Northern Annual Needs Assessment Gamblers Help Northern in their Annual Needs Assessment (2012-2013) found evidence supporting the demographic profiles, health determinants and risk factors already mentioned in this submission.

Of note the report finds:

The North Western Metropolitan area, including Banyule, had the highest prevalence of problem gamblers at 1.18% across the state while moderate gamblers are also second most represented in NWM region at 2.6%. 75 to 80 % of problem gamblers play the pokies.

Those with mental health issues have a higher risk of problem gambling.

Indigenous people had a higher risk of gambling problems.

There were more male problem gamblers than women, however this was changing.

The largest group of service users were the 40-49 cohort, followed by the 30-39 age group.

People from CALD backgrounds including migrants, refugees and international students, had a higher risk of gambling problems.

A high correlation between alcohol abuse and gambling, 30-46% report drug dependence or drug abuse.

The impacts of problem gambling already mentioned throughout this submission are also supported by Gamblers Help Northern needs analysis. The impact is far reaching and has been found to impact the community by;

taking money away from the community

leading to poorer health outcomes for those affected

impacting not only individuals but their families Within the North West Metropolitan region, which includes Banyule, there are a growing number of families affected by impacts of problem gambling. Referrals to GHN by residents of Banyule have increased in the past year as the table below shows:

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8. CONCERNS WITH THE APPLICATION FOR INCREASED EGMS The following table (Table 1) identifies the five key concerns Council has with the application to increase EGMs by 43% at the Montmorency-Eltham RSL. For each concern, the rationale and supporting evidence is also identified. Council is also challenging the benefit the applicant claims is associated with the 43% increase in EGMs in Table 2 on pages 12-15. For each of the benefits challenged, the rationale is also identified. We note that the role of the RSL is to serve and support returned service personnel and their families, and commend the RSL for their activities. Indeed the Council has supported and worked collaboratively with the RSL for many years – as evidenced by the fact that the RSL is located on Council owned land. Thus, Council is the landowner of the premises within which the increased EGMs is to be located. Our focus with this submission to the VCGLR is to present Council’s initial assessment of net community benefit associated with the increase in EGMS, the proposed renovations and the increased patronage that these changes are designed to generate. Council’s focus is also upon the considerable number of other users of the Petrie Park and adjoining Rattray Reserve, where the RSL is situated. It is unfortunate and concerning that the RSL did not follow the Council’s request and advice in 2013 to submit the Social Economic Impact Assessment to Council first, along with the planning permit for the renovations and increase in EGMs, to allow an adequate community consultation to properly assess benefits and harms associated with the application. Thus Council’s view is that the RSL’s Social Economic Impact Assessment presents only partial information as there has not been sufficient time to include the wider community input. This is now being undertaken as a part of the planning permit process, which has only just commenced with the lodgement of the planning permit application on October 6th 2014.

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Item: 2.1 Attachment 2: Draft Council Submission to the VCGLR re Montmorency-Eltham RSL proposal to increase Electronic

Gaming Machines


1. Accessibility The venue is in a community hub - an area used by a myriad of community groups & organisations.

The locational features of the site, i.e. proximity to community infrastructure make the venue highly accessible to the local and broader community. These locational features indicate that the venue takes the form of convenience rather than destination gambling. Accessibility enhances availability which has been demonstrated to be a major determinant of problem gambling.

Key concerns related to the venue location include:

The venue’s accessible, convenient location in Petrie Park & Rattray Reserve, adjacent to a Maternal and Child Health Centre and preschool, a public hall, various sporting clubs & recreational park users

Priority populations likely to visit the RSL’s vicinity who are of concern include: problem gamblers, people with mental health issues, people with financial difficulties, older people and people of Culturally and Linguistically Diverse (CALD) backgrounds.

State Government initiatives on problem gambling acknowledge that proximity to community facilities is a key dimension of accessibility6. This has been reflected in the following decisions:

The Panel for Amendment C110 to the Greater Bendigo Planning Scheme found that the number of pedestrians passing an area in the course of their daily activities is a key factor in assessing accessibility of EGMs within a community.

The Panel for Amendment C50 to the Mitchell Planning Scheme supports the view that planning authorities should limit convenient access to gaming machines (Para 7.4), including community facilities involving a high concentration of people undertaking daily activities.

The Panel for Amendment C77 for the Shire of Yarra Ranges Planning Scheme supports the exclusion of EGM gambling venues within 400m of sensitive community facilities including schools, kindergartens, child care centres.

The Panel for Amendment C98 for the Bayside Planning Scheme supported a distance threshold of 500m between sensitive uses (public and private welfare agencies) and 800m threshold distance from the most socioeconomically disadvantaged areas in the municipality.

The physical location of a site determines how convenient the venue is to get to (both for the general community and vulnerable groups) and how visible it is

That the proposal to increase EGM by 43% be rejected.

6 State Government of Victoria (2008) Destination Gaming. Evaluating the benefits for Victoria Department of Justice p8

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to passers-by. A recent study found that people are attracted to gambling venues which are geographically or physically accessible to home and community hubs7.

Convenience and visibility are key determinants of availability. High accessibility may make gambling tempting for emotionally vulnerable problem gamblers who gamble as a means of escape, often in response to adverse life events. High accessibility can also facilitate impulsive gambling behaviour for problem gamblers8.

2. Accessibility - no greenline has been included in the proposed site plan. There is also confusion as the amended plans submitted to the VCGLR on 24/10/14 relate to a different site.

We note with concern that the amended plans submitted to the VCGLR on 24/10/14 relate to the Keilor East RSL & not the Montmorency-Eltham RSL.

Furthermore, different plans relating to the Planning Permit for the renovation and EGM increases were lodged with Council on 6/10/14.

Thus three separate plans have been submitted for the same renovations.

It is also noted that no greenline plan has been included for the proposed new gaming area. The renovated gaming room will need to be appropriately screened and also meet the green line requirements.

Additional information is required to properly assess the proposal such as:

a) Existing and proposed total floor area (m2) including a breakdown of different uses inside the building such as gaming area, dining area, office etc;

b) Location of existing and proposed electronic gaming machines; and

No assessment can be undertaken regarding the appropriateness of screening and supervision requirements and practices, and whether the mandatory greenline requirements have been met.

The proposal to increase EGMs be rejected as an assessment cannot be made regarding appropriate screening, supervision, and greenline requirements.

7 Thomas, A. et al (2010) Problem gambling vulnerability the interaction between access individual cognitions and group beliefs/preferences Swinburne University of

Technology, Faculty of Life and Social Sciences pxii 8 State Government of Victoria (2008) A taking action on problem gambling initiative Department of Justice P6

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Gaming Machines


c) Green line plan surrounding the gaming area, and any measures such as screening used to abide by any State requirements.

3.

Marketing tools, rather than community benefit Some of the stated and proposed community contribution is unclear and not targeted to benefitting the community.

Running a courtesy bus Friday and Saturday nights are more akin to venue marketing and benefit, rather than community benefit. Similarly, extending this bus run to other evenings, should also be considered marketing rather than community benefit.

For the ‘courtesy bus’ to be considered a benefit to the community – it should be made available to meet other social and community needs, which include shopping, medical appointments and social outings and so on.

Providing free venue hire, meal vouchers, drinks and merchandise should not be included within any calculation of community contribution – as these are promotional activities designed to attract patronage and revenue to the RSL.

Providing free venue hire, meal vouchers, drinks and merchandise should not be included within any calculation of community contribution. These activities seem more closely akin to marketing and promotion of the RSL, and thus in fact provide benefit to the RSL itself in the form of additional patronage and expenditure that the community spend at the RSL.

Reject the application for increase.

4. Accessibility – machine density

The identified catchment area is too close to the Capped level.

Banyule City Council concurs with the applicant’s assessment that the venue catchment of (2.5km radius) Montmorency, Greensborough, Yallambie, Briar Hill, Eltham North, Eltham, St Helena, Lower Plenty & Viewbank.

If the additional machines are installed, the density will rise to 9.55EGMs/1000. The Statewide cap of 10 applies because of the recognition that machine density at this level is harmful, In fact there is evidence that the cap is set too high to be effective in reducing harm. Thus Council strongly advocates that machine density in this area is already high

The Productivity Commission (2010) found that where caps are high they are relatively ineffective but that they could be effective if implemented to keep numbers low. Similarly, the 2005 Study of the Impacts of caps on Electronic Gaming Machines found that high caps are largely ineffective9. For this reason, the City of Banyule is keen to ensure the municipality remains below and not at the Cap.

Reject application

9 South Australian Centre for Economic Studies (2005)

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enough.

5. Community detriment

Rates of problem gambling are significant in Banyule

Whilst the demographics of the catchment do not highlight concentrations of disadvantage, local rates of problem gambling are significant.

Banyule accounts for 14% of the population of the Northern Metropolitan Region. Thus the expectation is that Banyule residents would account for 14% of Gambler’s Health North clients. However, 18% of the Northern Region consumers of the service are residents of Banyule. This highlights that an increase in EGMs is not warranted, and indeed could further exacerbate these problem gambling rates. In addition, referrals to GHN have increased in the past 12 months which suggests that residents of this area are continuing to experience problems with gambling at significant rates:

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Gaming Machines


1. Insufficient assessment of community benefits & harms. No community consultation & engagement.

Council is of the view that insufficient time has been allowed to adequately assess net community harm and benefits. An essential aspect of the process is community consultation and engagement. It is unfortunate and concerning that the RSL did not follow the Council’s request and advice in 2013 to submit the Social Economic Impact Assessment to Council first, along with the planning permit for the renovations and increase in EGMs, to allow an adequate community consultation to properly assess benefits and harms associated with the application Thus Council’s view is that the RSL’s Social Economic Impact Assessment presents only partial information as there has not been sufficient time to include the wider community input. This is now being undertaken as a part of the planning permit process, which has only just commenced with the lodgement of the planning permit application on October 6th 2014.

2. Insufficient detail is provided on the community benefit

The benefits within the application are quite broad and vague Many of the community benefits within the application are based on the broad role of the RSL, without detail provided. More specific information would be useful to assess whether the community benefits do indeed outweigh the harms. This includes for example, how many hours of paid and unpaid support are provided and what outcomes are achieved, for example in terms of

Direct distribution of funding or goods

Advocacy hours on behalf how many individuals Further information is required to properly whether the proposed EGM increase results in net community benefit. For example, specifics regarding the welfare assistance provided such as:

Number of voluntary and paid hours per week of welfare assistance provided by the Veteran’s Support department – both current hours and the proposed increase in hours.

Number of individuals assisted by the Veteran’s Support department – both current number and the proposed increase in number.

Amount of money distributed by the Veteran’s Support department – both current dollar amount and the proposed increased amount.

3. “Taking money from the community is What measures are in place to ensure that the welfare needs that the RSL is serving have not in some

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necessary to serve the community better.”

The view expressed by the applicant that the RSL needs to take more money from the community to be able to serve the community better seems contradictory (p6 witness statement from Bennett Rickwood).

way been exacerbated by gambling losses?

The Productivity Commission has found that electronic gaming machines pose the greatest risks to existing and potential problem gamblers10 and that gambling on EGMs accounts for approximately 41% of total losses11. It also found that around 80% of presentations to counselling agencies relate to problems on gaming machines12.

The reasons for the high incidence of problem gambling amongst gamblers using EGMs are:

The specific characteristics of EGMs i.e. the capacity to play alone and tendency for players to lose contact with reality.

EGM gamblers are most prone to disassociation have the highest tendency to play in a trance (76.9%), lose track of time (71.1%), lose track of reality (76.9%) and feel someone else is controlling their actions (81.7%) relative to all other types of gamblers13.

These findings demonstrate that the revenue to be used to renovate the venue will be derived predominantly from losses incurred by problem gamblers. It is therefore considered that a business model that is dependent on the revenue derived from an activity that is directly associated with social and economic detriment is not justifiable.

4. Transfer of 95% expenditure from other EGM venues

In the Applicant’s Expenditure Report (Appendix C), Mr Michal Clyne estimates that in the first 12 months, the additional expenditure from the 15 EGMs will be approximately $653,655. However, as he concludes that that 95% of this figure is transferred expenditure from other EGMs, Mr Clyne asserts there will be a minimal net additional expenditure on EGMs.

We contend that transfer will not be 95% as predicted. Council believes that a more probable scenario is significant transfer from other non gambling premises in the area – that is, the bulk of the additional money spent on these new EGMs is likely to be displaced directly from other local businesses which will suffer as a consequence.

The recent 2012 Francis Hotel v City of Melbourne (VCAT reference No. b42/2012) (p11-16) challenged the validity of transfer expenditure due to concerns regarding the model assumptions. VCAT found that there was insufficient detail on the modelling, and concerns regarding the rigour and subjectivity of the model’s assumptions. In the absence of sufficient and objective information, VCAT found that the model of transfer expenditure could not be relied upon. VCAT also found precedent for this in the Bendigo Stadium Vs Bendigo Council case (p16).

10

Australian Government Productivity Commission (2010) Productivity Community Inquiry Report, Gambling p5.22 11



Australian Government Productivity Commission (2010) Productivity Community Inquiry Report, Gambling p5.15

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Gaming Machines


This seems an overly optimistic level of transfer expenditure.

5. These 15 EGMs will generate more loss per machine than was the case at Heidelberg RSL (i.e. $43,577 per machine compared to $14,143)

In the Applicant’s Expenditure Report (Appendix C), Mr Michal Clyne estimates that in the first 12 months, the additional loss from the 15 EGMs will be approximately $653,655, $43,577 per machine. This application is for 15 of the 25 EGMs that were previously at the Heidelberg RSL, which closed in January 2013. Whilst the Montmorency proposal represents an overall decrease in the municipality of 10 machines (i.e. only 15 of the 25 Heidelberg RSL EGMs) – it will be an increase of 15 within the Montmorency area. Furthermore, the EGMs at Montmorency take a higher loss from the community per machine than the EGMs at Heidelberg. These greater losses per machine are expected to continue if the EGMs are placed at Montmorency. Heidelberg’s 25 machines resulted in losses of $353,563 for the year (an average of $14,143 per machine). The estimate from the applicant is that these machines will generate $43,577 per machine at the Montmorency-Eltham RSL. Thus the additional 15 EGMs will generate $653,655, taking the total losses from the community to more than $2 million per year at the Montmorency-Eltham RSL. Therefore the increase in machines at Montmorency will have a more deleterious effect on the community than at Heidelberg.

6. Car Parking & Traffic Congestion There is already considerable congestion at the site, which will be exacerbated if there is greater use of the RSL facilities.

Some of the community benefit flowing from the proposed EGM increase is to fund the renovation, which in turn is to try to increase patronage of the RSL. If this eventuates, there will be greater car parking pressures and traffic congestion. This is already stretched at peak times. Also located at the same site in Petrie Park is: a pre-school, Maternal & Child Health Centre, bowling club and football club. The combination of parking and traffic congestion with toddlers and small children is hazardous.

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Item: 4.1 Attachment 1: Lease Amendment Schedule


SUMMARY OF LEASE AMENDMENTS OCTOBER 2014

Page no. Lease provision

Subject Comment

4

Clause 1 Casual Users A new definition of Casual User has been inserted, which is to be read in conjunction with the amendment to special condition 1.3.2(b) in Attachment A of the lease (see below).

5

Clause 1 Unauthorised Activity

The definition of Unauthorised Activity has been amended as agreed between Council and IGS.

25 Special condition 1.3 Present Users The opening paragraph has been amended to be consistent with special condition 1.7 (on page 26). A new paragraph has been inserted in special condition 1.3, and a new Attachment I has been inserted at the end of the lease, to acknowledge the current ground allocations for the Present Users.

25 Special condition 1.3.2(b)

Casual Users The description of Casual Users has been expanded.

27 Special condition 1.11 Unauthorised Activity

Council's obligations to take action in response to Unauthorised Activity have been clarified as agreed between Council and IGS.

34 Attachment B Casual Users Paragraph 3 of the key performance indicators has been expanded to clarify IGS's reporting obligations in relation to Casual Users.

36-38 Attachment D Plans Updated plans of the IGS premises have been inserted, to correctly reflect the boundary between the IGS premises and the premises occupied by Ivanhoe Scouts.

Note: A number of other minor amendments have been made throughout the lease. These are

designed to correct typographical errors and to ensure consistency of style, without altering the commercial effect of the document.

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Item: 4.1 Attachment 2: Chelsworth Park Lease: Amended Draft October 2014


Lease Premises: Chelsworth Park, Ivanhoe known as 18 Irvine Road Ivanhoe Banyule City Council and The Ivanhoe Grammar School ACN 004 083 247

Lawyers 140 William Street Melbourne Victoria 3000 Australia

Telephone 61 3 9258 3555 Facsimile 61 3 9258 3666

[email protected] www.maddocks.com.au

DX 259 Melbourne

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Contents

Schedule 1

1. Definitions ................................................................................................................................4

2. Ministerial Determination .......................................................................................................6

3. Duration of the Lease .............................................................................................................6

3.1 Term ...........................................................................................................................6 3.2 Option for a Further Term ..........................................................................................6 3.3 Execution of new Lease for Further Term .................................................................6 3.4 Overholding................................................................................................................7

4. Payments by the Tenant .........................................................................................................7

4.1 Rent ...........................................................................................................................7 4.2 Regional Storm Water Harvesting Project Payment .................................................7

5. Market Rent Review ................................................................................................................7

6. CPI Adjustment of Rent ..........................................................................................................7

7. Percentage Rent Increase ......................................................................................................8

8. Outgoings ................................................................................................................................8

8.1 Outgoings...................................................................................................................8 8.2 Reimbursement of Outgoings ....................................................................................8 8.3 Receipt for Payment ..................................................................................................8

9. Other expenses .......................................................................................................................8

9.1 Services .....................................................................................................................8 9.2 Costs and Duty ..........................................................................................................8 9.3 Reimbursement .........................................................................................................9

10. GST 9

10.1 Definitions ..................................................................................................................9 10.2 GST Exclusive ...........................................................................................................9 10.3 Increase in Consideration ..........................................................................................9 10.4 Payment of GST ........................................................................................................9 10.5 Tax Invoice.................................................................................................................9 10.6 Reimbursements ..................................................................................................... 10 10.7 Adjustment events .................................................................................................. 10

11. Bank Guarantee/Security Deposit ...................................................................................... 10

12. Payment requirements ........................................................................................................ 10

12.1 No Deduction or Right of Set-off ............................................................................. 10 12.2 Interest on Late Payments ...................................................................................... 10 12.3 Payment after Termination ..................................................................................... 10 12.4 Method of payment ................................................................................................. 10

13. Permitted Use ....................................................................................................................... 11

13.1 Use of Premises ..................................................................................................... 11 13.2 No Warranty ............................................................................................................ 11 13.3 Illegal Purpose ........................................................................................................ 11

14. Other obligations concerning the Premises ..................................................................... 11

14.1 Compliance with Official Requirements .................................................................. 11 14.2 Licences and Permits ............................................................................................. 11 14.3 Nuisance ................................................................................................................. 12

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14.4 Security ................................................................................................................... 12 14.5 Signs and Promotional Material .............................................................................. 12 14.6 No Vending Machines ............................................................................................. 12 14.7 No Auctions............................................................................................................. 12 14.8 No Smoking ............................................................................................................ 12 14.9 Heavy Objects and Inflammable Substances ......................................................... 13 14.10 Television and Radio .............................................................................................. 13 14.11 Endanger Premises ................................................................................................ 13 14.12 Car parking ............................................................................................................. 13 14.13 Animals ................................................................................................................... 13 14.14 Gambling/Gaming ................................................................................................... 13 14.15 Pin Ball Machines and Computer Games ............................................................... 13 14.16 Waste Disposal ....................................................................................................... 13 14.17 Environmental Matters ............................................................................................ 14

15. Repairs, Refurbishment and Alterations ........................................................................... 14

15.1 Tenant's Repair and Maintenance Obligations ....................................................... 14 15.2 Council’s Fixtures in Premises................................................................................ 14 15.3 Alterations to Premises ........................................................................................... 15 15.4 Not Interfere with Services ...................................................................................... 15 15.5 Defacing Building .................................................................................................... 15 15.6 Failure to Repair and Maintain................................................................................ 15 15.7 Repairs to Council's Fixtures .................................................................................. 15

16. Insurance .............................................................................................................................. 15

16.1 Insurance ................................................................................................................ 15 16.2 Worker's Compensation ......................................................................................... 16 16.3 Tenant's Property .................................................................................................... 16 16.4 Payment and Production of Policies ....................................................................... 16 16.5 Not Invalidate Policies ............................................................................................ 16 16.6 Requirements by Insurer ........................................................................................ 16 16.7 Council Insurance ................................................................................................... 16

17. Release, Indemnity, Compensation and Liability ............................................................. 16

17.1 Release ................................................................................................................... 16 17.2 Tenant Indemnity .................................................................................................... 16 17.3 Council Indemnity ................................................................................................... 17 17.4 No Compensation ................................................................................................... 17 17.5 No Liability .............................................................................................................. 17

18. Dealing with Interest in the Premises ................................................................................ 17

18.1 No Parting with Possession .................................................................................... 17 18.2 Change in Shareholding ......................................................................................... 17 18.3 Mortgage of Lease .................................................................................................. 18

19. Tenant's obligations at the end of this Lease ................................................................... 18

19.1 Tenant's Obligations ............................................................................................... 18 19.2 Ownership of Building ............................................................................................. 18 19.3 Tenant's Property Left in Premises ......................................................................... 18

20. Council's rights and obligations ........................................................................................ 18

20.1 Quiet Enjoyment ..................................................................................................... 18 20.2 Dealing with the Land ............................................................................................. 18 20.3 Entry by Council ...................................................................................................... 19 20.4 Emergency Entry .................................................................................................... 19 20.5 Reletting and Sale .................................................................................................. 19 20.6 Council's Consent ................................................................................................... 19

21. Termination of Lease ........................................................................................................... 19

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21.1 Re-entry .................................................................................................................. 19 21.2 Damages following Determination .......................................................................... 20 21.3 Essential Terms ...................................................................................................... 20 21.4 No Deemed Termination ......................................................................................... 20

22. Insolvency Event .................................................................................................................. 20

23. Destruction or Damage of Premises .................................................................................. 20

23.1 Reduction in Rent ................................................................................................... 20 23.2 Reinstatement of Premises ..................................................................................... 21 23.3 Tenant's Right of Termination ................................................................................. 21 23.4 Dispute Resolution .................................................................................................. 21 23.5 No Compensation ................................................................................................... 21

24. Guarantor .............................................................................................................................. 21

25. Asbestos ............................................................................................................................... 21

25.1 Definition ................................................................................................................. 21 25.2 Tenant’s Acknowledgement.................................................................................... 22 25.3 No Warranty ............................................................................................................ 22

26. Dispute Resolution .............................................................................................................. 22

27. General 22

27.1 Notices .................................................................................................................... 22 27.2 Time of Service ....................................................................................................... 23 27.3 Entire Understanding .............................................................................................. 23 27.4 Waiver ..................................................................................................................... 23 27.5 Variations ................................................................................................................ 23 27.6 Special Conditions .................................................................................................. 23

28. Interpretation ........................................................................................................................ 23

28.1 Governing Law and Jurisdiction ............................................................................. 23 28.2 Persons ................................................................................................................... 23 28.3 Joint and Several .................................................................................................... 24 28.4 Legislation ............................................................................................................... 24 28.5 Clauses and Headings ............................................................................................ 24 28.6 Severance ............................................................................................................... 24 28.7 Number and Gender ............................................................................................... 24 28.8 Exclusion of Statutory Provisions ........................................................................... 24

Attachment A Special Conditions ............................................................................................... 25

Attachment B Reporting Structures and Key Performance Indicators (KPI's): ...................... 34

Attachment C Capital Works and Improvements Schedule...................................................... 35

Attachment D Premises Plan ....................................................................................................... 36

Attachment E Maintenance Schedule ......................................................................................... 39

Attachment F Horticulture & Technical Services ...................................................................... 46

Attachment G Storm Water Use Guide ........................................................................................ 55

Attachment H Storm Water Maintenance Schedule .................................................................. 56

Attachment I Current summer and winter ground allocations for Present Users as at November 2014 ..................................................................................................... 65

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Schedule

Item 1. Council: (Clause 1)

Banyule City Council of 275 Upper Heidelberg Road, Ivanhoe

Facsimile: (03) 9499 9475

Email: [email protected] Email: [email protected]

Item 2. Tenant: (Clause 1)

The Ivanhoe Grammar School ACN 004 083 247 of The Ridgeway, Ivanhoe Facsimile: (03) 9490 3490 Email: [email protected]

Item 3. Guarantor: (Clause 1 & 24)

Not applicable

Item 4. Land: (Clause 1)

The land contained in certificates of title volume 5883 folio 571 and volume 7926 folio 113 and known as Chelsworth Park, Ivanhoe

Item 5. Premises: (Clause 1)

Those parts of the Land and Building at Chelsworth Park known as 18 Irvine Road Ivanhoe shown on the plans in Attachment D

Item 6. Commencement Date: (Clause 1)

3 November 2014

Item 7. Term: (Clause 1 & 7)

20 years commencing on 3 November 2014 and expiring on 2 November 2034

Item 8. Further Term(s): (Clause 1)

1 further term of 10 years

Item 9. A Rent: (Clause 1 & 4.1)

$1 per annum plus GST fixed for the Term and payable if demanded

Item 9B Regional Stormwater Harvesting Project Payment: (Clause 1 & 4.2)

$1,000,000 plus GST payable in instalments in accordance with clause 4.2

Item 10. Market Rent Review Dates: (Clause 1 & 5)

Not applicable

Item 11. CPI Adjustment Dates: (Clause 1 & 6)

Not applicable

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Item 12A. Percentage Rent Increase Dates: (Clause 1 & 7)

Not applicable

Item 12B. Percentage Rent Increase: (Clause 1 & 7)

Not applicable

Item 13A Bank Guarantee: (Clause 1 & 11)

Not applicable

Item 13B Security Deposit: (Clause 1 & 11)

Not applicable

Item 14. Permitted Use: (Clause 1 & 13)

Active recreational purposes both structured and unstructured

Item 15 Special Conditions: (Clause 1)

As set out in Attachments A

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Lease

Council leases the Premises to the Tenant subject to the terms contained in this Lease.

This Lease is executed as a deed on the day of 2014

The Common Seal of Banyule City

Council is affixed in the presence of:

) ) )

........................................................................ Councillor ........................................................................ Chief Executive Officer

Executed by The Ivanhoe Grammar School ACN 004 083 247 in accordance with section 127(1) of the Corporations Act 2001:

) )

................................................................... ........................................................................ Signature of Director Signature of Director/Company Secretary ................................................................... ........................................................................ Print full name Print full name

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1. Definitions

In this Lease unless expressed or implied to the contrary:

Bank means a body corporate authorised to carry on banking business in Australia under Section 9 of the Banking Act 1959 (Cwlth) whose name includes the designation “bank”.

Bank Guarantee means the amount specified in Item 13.

Building means the buildings and all other structures built on or under the Premises.

Capital Works and Improvements means the capital improvements to be carried out by the Tenant during the Term in accordance with the schedule attached to this Lease as Attachment C.

Casual User has the meaning given to that term in Special Condition 1.3.

Commencement Date means the date specified in Item 6.

Council means the party specified in Item 1 and includes the Council's successors and assigns and where it is consistent with the context includes Council's employees and agents.

Council's Fixtures means all fittings, fixtures, and chattels contained in the Premises at the Commencement Date or installed by Council during the Term.

Council’s Officer means the Chief Executive Officer or any other officer of Council to whom authority is delegated in writing from time to time by the Chief Executive Officer.

Council’s Outdoor Advertising Policy means any policy adopted by Council for the time being relating to advertising signage displayed externally on the Premises.

CPI means the Consumer Price Index - All Groups Melbourne or if this index is not available or is discontinued or suspended such other index that represents the rise in the cost of living in Melbourne, as Council reasonably determines.

CPI Adjustment Date means the date(s) (if any) described in Item 11.

Current CPI means the CPI number for the quarter ending immediately prior to the CPI Adjustment Date.

Further Term means the further term(s) specified in Item 8.

Guarantor means the person(s) specified in Item 3.

Item means an item in the Lease Particulars.

KPIs means the key performance indicators set out in Attachment B.

Land means the land specified in Item 4.

Lease Particulars means the schedule of Items specified on the page at the front of this Lease.

Market Rent Review Dates means the date(s) (if any) specified in Item 10.

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Ministerial Determination means the determination made by the Minister for Small Business under section 5 (1)(c) of the Retail Leases Act 2003 (Vic) dated 20 August 2004 and notified in the Victorian Government Gazette No. S 184 23 August 2004.

Official Requirement means any requirement, notice, order or direction of any statutory, public or other competent authority, present or future and includes the provisions of any statute, ordinance, local law, guidelines or standards.

Outgoings means the outgoings specified in clause 8.

Percentage Rent Increase Date means the date(s) specified in Item 12A.

Permitted Use means the use specified in Item 14.

Premises means the premises specified in Item 5 and includes the Council's Fixtures.

Regional Storm Water Harvesting Project means the project undertaken by Council to enhance the irrigation system servicing the Premises.

Regional Storm Water Harvesting Project Payment means the amount specified in Item 9B.

Rent means the amount specified in Item 9 as reviewed, adjusted or increased under this Lease.

Security Deposit means the amount specified in Item 13B.

Special Conditions means the conditions referred to in Item 15.

Tenant means the party specified in Item 2 and includes the Tenant's successors and assigns and where it is consistent with the context includes the Tenant's employees, contractors, agents, invitees and persons the Tenant allows in the Premises.

Tenant's Property means all fixtures and fittings owned or leased by the Tenant but excluding the Council's Fixtures.

Term means the term specified in Item 7 and includes any period of overholding.

Unauthorised Activity means people entering on to the Premises, and:

participating in organised activity (linked to formal competition) without a valid agreement with the Tenant as required under this Lease;

conducting unlawful activities; or

such other activities that the parties may agree are unauthorised.

Unstructured Activity means people entering on to the playing ovals and surrounds participating in an unorganised activity (not linked to formal competition).

2. Ministerial Determination

For the purposes of the Ministerial Determination, the Tenant acknowledges that the Retail Leases Act 2003 (Vic) does not apply to this Lease by reason of the following:

2.1 the duration of the Term of this Lease; and

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2.2 the Regional Storm Water Harvesting Project, the Capital Works and Improvements contained in Attachment C and the Tenant’s repair and maintenance obligations set out in clause 15 of this Lease, which together comprise “substantial work” and impose “substantial financial obligations” on the Tenant for the benefit of the parties; and

2.3 any additions or modifications to the Premises, including the Capital Works and Improvements carried out in accordance with the provisions of this Lease, remain the property of Council and cannot be removed by the Tenant at the end of the Term.

3. Duration of the Lease

3.1 Term

This Lease is for the Term starting on the Commencement Date.

3.2 Option for a Further Term

Council will grant to the Tenant a new lease for the Further Term if the Tenant:

3.2.1 gives Council written notice asking for a new lease, not earlier than 12 months or later than 9 months, before the end of the Term;

3.2.2 has remedied any breach of this Lease of which the Tenant has received written notice from Council; and

3.2.3 has not persistently defaulted under this Lease and Council has given written notice of the defaults,

on the following basis:

3.2.4 the new lease for the Further Term will commence on the day after this Lease ends and contains the same terms and conditions as this Lease but with no option for a further term where the last option for the Further Term has been exercised;

3.2.5 the commencing Rent payable from the start of the Further Term will be $50,000 per annum plus GST; and

3.2.6 on each anniversary of the Commencement Date during the Further Term, the Rent will be increased by 4% per annum on a compounding basis.

3.3 Execution of new Lease for Further Term

The Tenant and the Guarantor (where applicable) must execute the new lease for the Further Term and return the above to Council within 14 days of receipt from Council.

3.4 Overholding

If the Tenant continues in occupation of the Premises after the end of the Term, without objection by Council:

3.4.1 the Tenant occupies the Premises subject to the same terms and conditions as contained in this Lease;

3.4.2 Council or the Tenant may end this Lease during any period of overholding by giving 30 days written notice to the other party expiring at any time; and

3.4.3 Council may increase the monthly rent by giving the Tenant one month’s written notice.

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4. Payments by the Tenant

4.1 Rent

The Tenant must:

4.1.1 pay the Rent to Council by annual instalments on or before 1 May in each year; and

4.1.2 pay the Rent in the manner specified by Council from time to time.

4.2 Regional Storm Water Harvesting Project Payment

4.2.1 The Tenant must pay the Regional Storm Water Harvesting Project Payment to Council in instalments in accordance with the following table:

Contribution Amounts

Timing for Payment

$250,000 At commencement of lease

$250,000 1 May 2015

$125,000 1 November 2015

$125,000 1 May 2016

$125,000 1 November 2016

$125,000 1 May 2017

4.2.2 Notwithstanding the payment of the Regional Storm Water Harvesting Project Payment by the Tenant, all improvements constructed as part of the Regional Storm Water Harvesting Project are and will remain the sole property of Council at all times.

5. Market Rent Review

[Intentionally deleted]

6. CPI Adjustment of Rent


7. Percentage Rent Increase


8. Outgoings

8.1 Outgoings

The Tenant must pay to Council, or the relevant authority:

8.1.1 water rates and charges, including water usage charges (excluding water charges from the Regional Storm Water Harvesting Project);

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8.1.2 sewerage, sewerage disposal and drainage rates and charges; and

8.1.3 a proportion of all other rates, taxes, charges and levies (other than local government rates) assessed in connection with the Premises, as determined by Council acting reasonably, having regard to the Tenant's usage of the area assessed compared with usage by other users.

8.2 Reimbursement of Outgoings

If any Outgoings are incurred and paid by Council (and not otherwise recouped by Council), the Tenant must reimburse Council the Outgoings.

8.3 Receipt for Payment

The Tenant must provide to Council receipts for any Outgoings paid by the Tenant within 7 days of request by Council.

9. Other expenses

9.1 Services

The Tenant must, within 14 days of demand:

9.1.1 pay for all services in connection with the Premises, including (without limitation) electricity, gas, water and telephone services (excluding water charges from the Regional Storm Water Harvesting Project); and

9.1.2 where the Premises are not separately metered, pay for the cost of installing separate meters to assess the charges for the services.

9.2 Costs and Duty

The Tenant must pay to Council within 14 days of demand:

9.2.1 the stamp duty payable on this Lease (including penalties and fees);

9.2.2 Council's reasonable costs in considering the granting of any consent or approval under this Lease (regardless of whether Council actually gives such consent or approval);

9.2.3 the cost of obtaining Council's mortgagee's consent to this Lease (if required);

9.2.4 Council's architects or contractor's fees payable pursuant to clause 15.3.4;

9.2.5 Council's reasonable costs (including charges on a solicitor-own client basis) incurred as a result of a breach of this Lease by the Tenant;

9.2.6 GST;

9.2.7 50% of Council’s reasonable legal fees and outlays for or in connection with the negotiation, preparation, settling and execution of this Lease, such 50% contribution to be capped at $5,000 plus GST; and

9.2.8 Council’s reasonable legal fees and outlays for or in connection with any change, assignment, surrender or ending of this Lease, except at the end of the Term, or where the change occurs at Council’s request.

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9.3 Reimbursement

The Tenant must reimburse to Council within 14 days of demand any cost incurred by Council in accordance with the terms and conditions of this Lease.

10. GST

10.1 Definitions

In this clause:

10.1.1 words and expressions that are not defined in this Lease but which have a defined meaning in the GST Law have the same meaning as in the GST Law; and

10.1.2 GST Law has the meaning given to that term in the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth).

10.2 GST Exclusive

Except as otherwise provided by this clause, all consideration payable under this Lease in relation to any supply is exclusive of GST.

10.3 Increase in Consideration

If GST is payable in respect of any supply made by a supplier under this Lease (GST Amount), the recipient will pay to the supplier an amount equal to the GST payable on the supply.

10.4 Payment of GST

Subject to clause 10.5 the recipient will pay the GST Amount at the same time and in the same manner as the consideration for the supply is to be provided under this Lease.

10.5 Tax Invoice

The supplier must provide a tax invoice to the recipient before the supplier will be entitled to payment of the GST Amount under clause 10.4.

10.6 Reimbursements

If this Lease requires a party to reimburse an expense or outgoing of another party, the amount to be paid or reimbursed by the first party will be the sum of:

10.6.1 the amount of the expense or outgoing less any input tax credits in respect of the expense or outgoing to which the other party is entitled; and

10.6.2 if the payment or reimbursement is subject to GST, an amount equal to that GST.

10.7 Adjustment events

If an adjustment event occurs in relation to a taxable supply under this Lease:

10.7.1 the supplier must provide an adjustment note to the recipient within 7 days of becoming aware of the adjustment; and

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10.7.2 any payment necessary to give effect to the adjustment must be made within 7 days after the date of receipt of the adjustment note.

11. Bank Guarantee/Security Deposit


12. Payment requirements

12.1 No Deduction or Right of Set-off

The Tenant must pay all amounts due under this Lease to Council (including the Outgoings) without deduction or right of set-off.

12.2 Interest on Late Payments

The Tenant must pay to Council on demand interest at the rate per annum equal to the current rate fixed under section 2 of the Penalty Interest Rates Act 1983 (Vic) on any money payable by the Tenant under this Lease and remaining unpaid after the due date. Interest will be computed from the date on which such payment became due.

12.3 Payment after Termination

The Tenant must:

12.3.1 make all payments due under this Lease; and

12.3.2 provide all information to Council under this Lease to calculate any such payments,

even if this Lease has ended.

12.4 Method of payment

The Tenant must make all payments under this Lease in such manner as Council reasonably requires, which may include by EFT but not direct debit.

13. Permitted Use

13.1 Use of Premises

13.1.1 The Tenant must only use the Premises for the Permitted Use.

13.1.2 The Tenant must not use the Premises for any purpose other than the Permitted Use except with the prior written consent of Council which Council may grant or withhold in Council's absolute discretion.

13.2 No Warranty

The Tenant:

13.2.1 acknowledges that Council does not represent that the Premises are suitable for the Permitted Use; and

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13.2.2 must make its own enquiries as to the suitability of the Premises for the Permitted Use.

13.3 Illegal Purpose

The Tenant must not use the Premises for any illegal purpose or carry on any noxious or offensive activity on the Premises.

14. Other obligations concerning the Premises

14.1 Compliance with Official Requirements

14.1.1 The Tenant must:

(a) comply with any Official Requirement; and

(b) obey laws;

concerning the Premises, the Tenant's Property, the Tenant's use and occupation of the Premises and the Lease, at the Tenant’s cost.

14.1.2 Except to the extent that the Tenant may be required to do so under any Special Condition, the Tenant is not required to carry out any structural works unless the need for such works arises from:

(a) the negligent act or omission of the Tenant;

(b) the failure by the Tenant to comply with its obligations under this Lease; or

(c) the Tenant's use of the Premises.

14.2 Licences and Permits

The Tenant must maintain all licences and permits required for the Tenant's use of the Premises and obtain the prior written consent of Council before varying any licence or permit or applying for any new licence or permit.

14.3 Nuisance

The Tenant must not do anything in connection with the Premises which may:

14.3.1 cause a nuisance or interfere with any other person; or

14.3.2 be dangerous or offensive in Council's reasonable opinion.

14.4 Security

The Tenant must keep the Building secure at all times when the Building is not being used by the Tenant. The Tenant is responsible for the safekeeping of all keys and access cards to the Building.

14.5 Signs and Promotional Material

14.5.1 The Tenant must seek the prior written consent of Council (which will not be unreasonably withheld) before displaying or affixing any signs, advertisements or notices to any part of the Premises or publishing any promotional or other material relating to the Premises.

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14.5.2 The Tenant must remove any sign, advertisement or other notice to which Council's consent has previously been given if, in the opinion of Council, it has become unsightly or objectionable and Council gives the Tenant written notice requiring its removal.

14.5.3 The Tenant must ensure that Council's logo is used in all forms of visual promotion of the Premises.

14.5.4 The Tenant must ensure that all promotional material used by the Tenant to market the Premises demonstrates that Council is the owner of the Premises;

14.5.5 The Tenant must ensure that any advertising and/or promotional material does not cause offence to the public or embarrass Council.

14.5.6 The Tenant must comply with Council’s Outdoor Advertising Policy in force from time to time with respect to the Premises.

14.6 No Vending Machines

The Tenant must not permit any vending or amusement machines in the Premises unless otherwise agreed in writing by Council.

14.7 No Auctions

The Tenant must not conduct any auctions or fire sales in the Premises.

14.8 No Smoking

The Tenant must:

14.8.1 not permit any smoking in the Building; and

14.8.2 display 'no smoking' signs in the Building and surrounds.

14.9 Heavy Objects and Inflammable Substances

The Tenant must not:

14.9.1 store any inflammable or explosive substances at the Premises unless required for the Permitted Use or the maintenance of the Premises; or

14.9.2 store any heavy objects or anything likely to damage the Building or the Premises, without obtaining the prior written consent of Council.

14.10 Television and Radio

The Tenant must not install any televisions, radios, music systems or other equipment in the Premises which can be heard outside the Building without obtaining the prior written consent of Council.

14.11 Endanger Premises

The Tenant must not do or permit anything to be done in connection with the Premises which in the opinion of Council may endanger the Premises or be a risk to any person or property, unless required for the Permitted Use or the maintenance of the Premises.

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14.12 Car parking

The Tenant is responsible for the safe operation and cleaning of all car parks at the Premises at the Tenant's sole cost and expense.

14.13 Animals

The Tenant must not allow any animals other than guide dogs to enter the Building.

14.14 Gambling/Gaming

The Tenant acknowledges that gambling and gaming are not permitted at the Premises and agrees that the Tenant will not apply for any licence under the Gambling Regulation Act 2003 (Vic) in respect of the Premises.

14.15 Pin Ball Machines and Computer Games

The Tenant must not install computer games or pinball machines at the Premises without the prior written consent of Council.

14.16 Waste Disposal

The Tenant must

14.16.1 make appropriate arrangements for the disposal of effluent, waste and refuse from the Premises;

14.16.2 ensure that all waste and refuse is stored in appropriate containers;

14.16.3 keep the Premises free of rubbish and debris at all times; and

14.16.4 supply all rubbish bins and ensure all rubbish bins are emptied regularly (but not less than twice per week).

14.17 Environmental Matters

The Tenant must actively participate with Council’s strategies to:

14.17.1 reduce energy consumption and greenhouse gas production;

14.17.2 reduce water consumption;

14.17.3 reduce waste production;

14.17.4 reduce use of chemicals and fertilizers;

14.17.5 pursue recycling;

14.17.6 control litter; and

14.17.7 protect and enhance vegetation, natural habitat and waterways,

on the Premises.

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15. Repairs, Refurbishment and Alterations

15.1 Tenant's Repair and Maintenance Obligations

The Tenant must:

15.1.1 keep the Premises in a clean, good repair and condition and otherwise, without limitation, in accordance with Attachments E & F and the terms and conditions of this Lease;

15.1.2 maintain and keep all areas of the Premises landscaped;

15.1.3 keep the Premises in the same condition as they were in at the date the Tenant first entered occupation of the Premises (fair wear and tear excepted), subject however to the provisions of this Lease;

15.1.4 make good any damage caused to any adjacent property by the Tenant;

15.1.5 take all reasonable measures to ensure that any fair wear and tear to the Premises does not cause any loss or damage to the Premises or any person;

15.1.6 give Council prompt written notice of any material damage to the Premises or anything likely to be a risk to the Premises or any person in the Premises; and

15.1.7 ensure that the playing services, grassed areas and gardens at the Premises are maintained by providing the horticultural and technical services set out in the document contained in Attachment F.

15.2 Council’s Fixtures in Premises

Without limiting clause 14.16, the Tenant must comply with Council's reasonable requirements concerning the use of the Council's Fixtures.

15.3 Alterations to Premises

The Tenant must ensure any alterations or works to the Premises, any services to the Premises or the Tenant's Property are carried out:

15.3.1 strictly in accordance with plans and specifications approved by Council’s Officer;

15.3.2 by qualified tradespersons approved by Council’s Officer;

15.3.3 to Council's Officer’s reasonable satisfaction and in accordance with Council's Officer’s reasonable requirements (including Council's requirements as to the standard, type, quality, size and colour of any of the Tenant's Property);

15.3.4 under the supervision of Council's architect or consultant (the cost of which must be paid by the Council), however this clause 15.3.4 shall not apply in relation to the Capital Works and Improvements; and

15.3.5 in accordance with all rules and requirements of any authorities having jurisdiction over the Premises.

15.4 Not Interfere with Services

The Tenant must not interfere, misuse or overload any services to the Premises, including electricity, gas, water and telephone.

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15.5 Defacing Building

The Tenant must not deface or damage the Building (including drilling holes in the Building) except where approved by Council in accordance with clause 15.3.

15.6 Failure to Repair and Maintain

If the Tenant does not carry out any repairs, maintenance or other works required under this Lease within 14 days of receiving written notice from Council, Council may enter the Premises to carry out such repairs, maintenance and works at any reasonable time after giving the Tenant reasonable notice. The cost of all such repairs, maintenance and works must be paid by the Tenant to Council within 14 days of demand.

15.7 Repairs to Council's Fixtures

Subject to any other provision of this Lease, the Tenant must reimburse Council for the cost of any repairs of a non-structural nature to Council's Fixtures within 14 days of demand.

16. Insurance

16.1 Insurance

The Tenant must maintain insurance in the name of the Tenant and noting the interest of the Council with an insurer reasonably acceptable to Council for:

16.1.1 public liability for the amount of $20 million concerning one single event (or such greater sum as reasonably required by Council);

16.1.2 any windows and any other glass in the Premises for the full replacement value; and

16.1.3 environmental damage arising from the Permitted Use.

16.2 Worker's Compensation

16.2.1 The Tenant must keep in full force and effect a workers' compensation insurance policy of unlimited cover for all workers in respect of whom Council may at any time be responsible to pay workers' compensation.

16.2.2 The Tenant must provide Council with evidence of the Tenant's registration with the Victorian WorkCover Authority or any such other authority or body administering workers prior to the Commencement Date.

16.3 Tenant's Property

The Tenant must insure the Tenant's Property for loss and damage from all risks including (without limitation) fire, water and flood damage for its full replacement value.

16.4 Payment and Production of Policies

The Tenant must pay all insurance premiums on or before the due date for payment and produce to Council copies of the certificate of currency and proof of payment on the Commencement Date.

16.5 Not Invalidate Policies

The Tenant must:

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16.5.1 not do anything which may make any insurance effected by Council or the Tenant invalid, capable by being cancelled or rendered ineffective, or which may increase any insurance premium effected by Council; and

16.5.2 pay any increase in the insurance premium caused by the Tenant's act, default or use of the Premises.

16.6 Requirements by Insurer

The Tenant must comply with all reasonable requirements of Council's insurer in connection with the Premises.

16.7 Council Insurance

The parties acknowledge that the Council will insure the Building and the Council's Fixtures against damage and destruction, by ensuring that these are covered by the Council's global insurance policy.

17. Release, Indemnity, Compensation and Liability

17.1 Release

The Tenant uses and occupies the Premises at its own risk and releases Council from all claims resulting directly from any damage, loss, death or injury in connection with the use of the Premises for the Permitted Use except to the extent that such claims arise out of Council's act, negligence, omission or default.

17.2 Tenant Indemnity

The Tenant must indemnify and hold harmless Council against all claims resulting from any damage, loss, death or injury directly caused by the negligence of the Tenant (including its officers, agents, employees or subcontractors) in connection with the Tenant’s use and occupation of the Premises for the Permitted Use except to the extent that such claims arise out of Council's act, negligence, omission or default.

17.3 Council Indemnity

Council must indemnify and hold harmless the Tenant against all claims resulting from any damage, loss, death or injury caused to a third party (including a member of the public) accessing the Premises for any reason except to the extent that such claims arises directly out of the Tenant’s act, negligence, omission or default.

17.4 No Compensation

Subject to clause 17.3, Council is not liable to the Tenant for any loss or damage incurred by the Tenant due to:

17.4.1 any damage to the Premises;

17.4.2 the failure of Council's Fixtures to operate properly;

17.4.3 the interruption or damage to any services (including electricity, gas, water and telephone) to the Premises;

17.4.4 the overflow or leakage of water and water inundation on or over the Land or in the Premises; and

17.4.5 the Regional Storm Water Harvesting Project,

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except to the extent that such loss or damage arises out of Council’s act, negligence, omission or default.

17.5 No Liability

The Tenant acknowledges and agrees that Council will not be liable to the Tenant under this Lease (including but not limited to a breach of the covenant of quiet enjoyment or a derogation of the grant of this Lease) for any acts or omissions of Council undertaken in any capacity including (but not limited to) exercising any powers under the Local Government Act 1989 (Vic) or the Planning and Environment Act 1987 (Vic) except nothing in this clause releases Council from any obligations it owes to the Tenant under this Lease in its capacity as the owner of the Premises, save for the Tenant will be responsible in the event of any omission, act, default or neglect by the Tenant.

18. Dealing with Interest in the Premises

18.1 No Parting with Possession

Except for any subleases or licences granted by the Tenant pursuant to a Special Condition, the Tenant must not give up possession of the Premises including assigning this Lease, sub-leasing the Premises or granting to any person a licence or concession in respect of the Premises.

18.2 Change in Shareholding

If the Tenant is a corporation (other than a corporation listed on any stock exchange in Australia or a public company limited by guarantee) a change in the control of the corporation as existed at the Commencement Date (whether occurring at the one time or through a series or succession of transfers) or a change in the holding of more than one half of the issued share capital, either beneficially or otherwise, will be deemed to be an assignment of this Lease and the Tenant must obtain Council's prior written consent.

18.3 Mortgage of Lease

The Tenant must not create any security over this Lease or the Tenant's Property.

19. Tenant's obligations at the end of this Lease

19.1 Tenant's Obligations

At the end of this Lease, the Tenant must:

19.1.1 vacate the Premises and give the Premises and Council’s Fixtures back to Council in a condition consistent with the Tenant having complied with its obligations under this Lease;

19.1.2 remove the Tenant's Property (including all signs and lettering) and reinstate the Premises to the condition the Premises were in prior to the installation of the Tenant's Property including making good any damage caused by the removal of the Tenant's Property; and

19.1.3 give to Council all keys and other security devices for the purposes of obtaining access to the Premises.

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19.2 Ownership of Building

The Tenant acknowledges that the Building forming part of the Premises at the Commencement Date and any additions or modifications to the Premises carried out in accordance with the provisions of this Lease during the Term are and remain the property of Council.

19.3 Tenant's Property Left in Premises

Anything left in the Premises after 7 days of the end of this Lease will be deemed to be abandoned by the Tenant and will become the property of Council (if not already owned by Council) and may be removed by Council at the Tenant's cost and at the Tenant's risk.

20. Council's rights and obligations

20.1 Quiet Enjoyment

As long as the Tenant does not breach this Lease, Council must not interfere with the Tenant's use and occupation of the Premises except as provided by this Lease.

20.2 Dealing with the Land

Council may on providing the Tenant with reasonable notice, of not less than 30 days:

20.2.1 subdivide the Land or grant easements or other rights over the Land or the Premises except where it will unreasonably interfere with the Tenant's use and occupation of the Premises;

20.2.2 install, repair and replace pipes, cables and conduits in the Premises; and

20.2.3 use the roof and external walls of the Premises for any purposes Council reasonably determines.

20.3 Entry by Council

Council may enter the Premises at any reasonable time after giving the Tenant reasonable notice to:

20.3.1 inspect the condition of the Premises;

20.3.2 rectify any default by the Tenant under this Lease; and

20.3.3 carry out any inspection, repairs, maintenance, works or alterations in the Premises which Council decides to or is required to carry out by any law or authority.

Council must use all reasonable endeavours to cause as little disruption as possible to the Tenant's use of the Premises in exercising Council's rights under this clause.

20.4 Emergency Entry

Council may enter the Premises at any time without giving notice to the Tenant in an emergency.

20.5 Reletting and Sale

Council may:

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20.5.1 affix a 'For Lease' sign on the Premises and show the Premises to intending tenants at any reasonable time upon reasonable notice to the Tenant during the 6 months prior to the end of the Term (except where the Tenant has validly exercised an option for a Further Term); and

20.5.2 affix a 'For Sale' sign on the Premises and show the Premises to intending purchasers of the Premises at any reasonable time upon reasonable notice to the Tenant during the Term.

Any sign erected by Council must not unreasonably interfere with the Tenant's use and occupation of the Premises.

20.6 Council's Consent

Where Council is required to give its consent under this Lease, Council must not unreasonably withhold its consent but may give its consent subject to such conditions as Council may reasonably determine.

21. Termination of Lease

21.1 Re-entry

Council may re-enter the Premises and terminate this Lease if:

21.1.1 any part of the Rent is in arrears for 14 days after the Council notifies the Tenant that the Rent is due but unpaid (a common law demand is not necessary); or

21.1.2 the Tenant breaches this Lease and does not remedy the breach within 14 days of receipt of written notice from Council.

21.2 Damages following Determination

If this Lease is terminated by Council, the Tenant agrees to compensate Council for any loss or damage Council suffers arising in connection with the Tenant's breach of this Lease including the loss of the benefit of the Tenant performing its obligations under this Lease up to the expiration of the Term. Nothing in this clause affects or limits any obligation which Council may have at law to mitigate its loss.

21.3 Essential Terms

The essential terms of this Lease are clauses 4, 8.1, 9.1, 11, 13, 14, 15, 16, 18 and the Tenant's obligations under any Special Condition or Attachment of this Lease.

21.4 No Deemed Termination

If the Tenant vacates the Premises, Council will not be deemed to have terminated this Lease merely by the acceptance of keys from the Tenant, entry into the Premises for any purpose, or the showing of the Premises to prospective tenants or purchasers. This Lease will be deemed to continue until such time as Council gives notice to the Tenant terminating this Lease, or otherwise agrees with the Tenant that this Lease is terminated.

22. Insolvency Event

22.1 If:

22.1.1 the Tenant is insolvent or admits or is presumed to be so;

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22.1.2 an application or order is made for the winding up or dissolution of the Tenant, or a resolution is passed or any steps are taken to pass a resolution for a winding up or dissolution of the Tenant;

22.1.3 an administrator, provisional liquidator, liquidator or person having a similar analogous function under the laws of any relevant jurisdiction is appointed in respect of the Tenant, or any action is taken to appoint any such person and the action is not stayed, withdrawn or dismissed within 14 days; or

22.1.4 the Tenant enters into, or takes any action to enter into, an arrangement (including a scheme of arrangement or deed of company arrangement), composition or compromise with, or an assignment for the benefit of, all or any class of its creditors or members or a moratorium involving any of them,

then an act of insolvency has occurred, and Council may then terminate this Lease at any time by giving the Tenant 14 days written notice.

23. Destruction or Damage of Premises

23.1 Reduction in Rent

If the Premises, or any part of the Premises is destroyed or damaged to the extent that the Tenant cannot use or have access to the Premises (except if the Tenant causes or contributes to the destruction or damage, or Council's insurer is not legally required to reinstate the Premises because the Tenant caused or contributed to the destruction or damage) then Council will reduce the Rent and the Outgoings by a reasonable amount depending upon the nature and extent of destruction or damage until the Tenant can use or have access to the Premises.

23.2 Reinstatement of Premises

If the Premises or any part of the Premises are destroyed or damaged, Council may, at any time during the period between 1 and 6 months from the date of such damage or destruction, give notice to the Tenant:

23.2.1 terminating this Lease, where Council considers that the damage or destruction is such that repairing it is impracticable or undesirable; or

23.2.2 that Council will commence reinstatement of the Premises to a condition where the Tenant can use or have access to the Premises.

23.3 Tenant's Right of Termination

Where the Tenant has not caused or contributed to the damage or destruction of the Premises and the payment of the insurance for the Premises is not refused due to the act or default of the Tenant, the Tenant may give written notice to Council terminating this Lease where Council does not:

23.3.1 give notice to the Tenant pursuant to clause 23.2; or

23.3.2 commence reinstatement within 12 months of the date of damage or destruction.

Upon termination of this Lease, each party is released from all further obligations under this Lease except nothing in this clause releases either party from any breach of this Lease arising prior to the date of termination.

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23.4 Dispute Resolution

If a dispute arises under this clause about the amount of the Rent or the Outgoings payable by the Tenant, either party may ask the President of the Australian Property Institute (Victorian Division) to appoint a valuer to determine the dispute as an expert. The parties will be bound by the determination of the Valuer and will share the fees of the Valuer equally.

23.5 No Compensation

The Tenant acknowledges that if the Premises are destroyed or damaged, the Tenant is not entitled to receive any compensation from Council unless such claim for compensation arises out of Council's act, negligence, omission or default.

24. Guarantor


25. Asbestos

25.1 Definition

For the purposes of this clause "Asbestos” means ‘the asbestiform form of mineral silicates belonging to the serpentine or amphibole groups of rock-forming minerals including actinolite asbestos, anthophyllite asbestos, chrysotile (white asbestos), crocidolite (blue asbestos), grunerite asbestos (or amosite) (brown asbestos), tremolite asbestos or any material or object, whether natural or manufactured, that contains one or more of the mineral silicates” as defined in the Occupational Health and Safety Regulations 2007 (Vic).

25.2 Tenant’s Acknowledgement

The Tenant acknowledges that the Premises may contain Asbestos and prior to undertaking any works to the Premises it must obtain Council’s consent.

25.3 No Warranty

Council makes no representations or warranties as to the presence of Asbestos in the Premises.

26. Dispute Resolution

26.1 In the event that Council and the Tenant are in dispute over any matter arising in connection with this Lease (except in relation to a dispute under clause 23) then either party may give to the other notice adequately identifying and providing particulars of the dispute.

26.2 Within 7 days after service of the notice, and before resorting to external dispute resolution mechanisms, the parties must meet at least once in an attempt to resolve the dispute and failing resolution of the dispute to explore and if possible agree on methods of resolving the dispute by other means. At any such meeting each party must be represented by a person having authority to agree to a resolution of the dispute.

26.3 If, at any meeting, either party decides that the dispute cannot be so resolved or if at any time either party considers (acting reasonably) that the other party is not making reasonable efforts to resolve the dispute, either party may, within 5 days of the meeting, by further notice

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to the other party refer such dispute for written determination by a person appointed under clause 26.4.

26.4 The person appointed must act as an expert and not an arbitrator. The expert must be appointed by agreement between the parties or, failing agreement within 5 days, appointed by the President of the Institute of Arbitrators and Mediators Vic.

26.5 The decision of the expert must be conclusive and binding on the parties.

26.6 The expert must act with expedition with a view to reaching a decision as soon as possible.

26.7 The costs of the expert’s appointment and determination must be borne equally between the parties, unless the expert specifies otherwise in which case the cost will be borne as the expert specifies.

27. General

27.1 Notices

Any notice required to be served under this Lease must be in writing and must be served by post, facsimile transmission or hand delivery to:

27.1.1 the Tenant at its address set out in this Lease, the Tenant's registered office address, the Premises, or the last known address of the Tenant; and

27.1.2 Council at its address set out in this Lease or any other address notified in writing to the Tenant by Council.

27.2 Time of Service

A notice or other communication is deemed served:

27.2.1 if served personally or left at the party’s address, upon service;

27.2.2 if posted, 2 business days after being posted;

27.2.3 if served by facsimile transmission, subject to the next sub-clause, at the time indicated on the transmission report produced by the sender's facsimile machine indicating that the facsimile was sent in its entirety to the addressee's facsimile machine; and

27.2.4 if received after 5.00 pm in the place of receipt or on a day which is not a business day, at 9.00 am on the next business day.

27.3 Entire Understanding

This Lease contains the entire understanding between the parties as to the subject matter contained in it. All previous agreements, representations, warranties, explanations and commitments, expressed or implied, affecting this subject matter are superseded by this Lease and have no effect, save for any agreement entered into or to be entered to by the Tenant.

27.4 Waiver

If Council accepts the Rent or any other monies under this Lease (before or after the end of this Lease) or does not exercise or delays exercising any of Council's rights under this Lease, it will not be a waiver of the breach of this Lease by the Tenant or of Council's rights under this Lease.

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27.5 Variations

The provisions of this Lease may only be varied by further written agreement of the parties. No variation of the provisions of this Lease will be inferred from a course of dealing.

27.6 Special Conditions

This Lease is subject to the Special Conditions set out in Attachments A. The Special Conditions override any inconsistent provisions in this Lease.

28. Interpretation

28.1 Governing Law and Jurisdiction

This Lease is governed by and is to be construed in accordance with the laws of Victoria. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria and waives any right to object to proceedings being brought in those courts.

28.2 Persons

In this Lease, a reference to a person includes a firm, partnership, association, corporation or other corporate body.

28.3 Joint and Several

If a party consists of more than one person, this Lease binds them jointly and each of them severally.

28.4 Legislation

In this Lease, a reference to a statute includes regulations under it and consolidations, amendments, re-enactments or replacements of any of them.

28.5 Clauses and Headings

In this Lease:

28.5.1 a reference to a clause, schedule or attachment is a reference to a clause, schedule or attachment in or to this Lease; and

28.5.2 headings and sub-headings are inserted for ease of reference only and do not affect the interpretation of this Lease.

28.6 Severance

In this Lease:

28.6.1 if a provision is held to be illegal, invalid, void, voidable or unenforceable, that provision must be read down to the extent necessary to ensure that it is not illegal, invalid, void, voidable or unenforceable; and

28.6.2 if it is not possible to read down a provision as required in this clause, that provision is severable without affecting the validity or enforceability of the remaining part of that provision or the other provisions in this Lease.

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28.7 Number and Gender

In this Lease, a reference to:

28.7.1 the singular includes the plural and vice versa; and

28.7.2 a gender includes the other genders.

28.8 Exclusion of Statutory Provisions

The following statutory provisions are excluded from this Lease:

28.8.1 Section 144 of the Property Law Act 1958 (Vic); and

28.8.2 Division 7 of the Transfer of Land Act 1958 (Vic).

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Attachment A Special Conditions

Special Conditions

1. Use of Premises by other users

1.1 The Tenant must:

1.1.1 not erect any fence that would obstruct the public from using the Premises (excluding any Building and the tennis courts); and

1.1.2 not prevent or in any way hinder the public at large from entering on to the playing ovals and surrounds (excluding any Building and the tennis courts), to participate in Unstructured Activity, except when the playing ovals have been allocated in accordance with the provisions of this Lease.

1.2 The parties acknowledge that for a number of years the Premises have been used for the Permitted Use by the following users (the Present Users):

Ivanhoe Grammar School;

Old Ivanhoe Grammarians’ Football Club;

East Ivanhoe Cricket Club;

Ivanhoe Cricket Club;

Old Ivanhoe Grammarians’ Cricket Club; and

Old Ivanhoe Grammarians’ Soccer Club.

1.3 It is the intention of the parties to ensure that the Present Users' use and enjoyment of the Premises is maintained throughout the Term. The Council shall be responsible for determining the ground allocations for each summer and winter season in accordance with Special Condition 1.7.

The Parties acknowledge that, as at November 2014, the table in Attachment I reflects the current summer and winter use of the Premises by each of the Present users.

The parties acknowledge that it may be necessary from time to time to:

1.3.1 make amendments to the rights of the Present Users;

1.3.2 make provision, subject to the rights of the Present Users, for the Premises to be made available to:

(a) other persons organisations or bodies which might wish in the future to use the premises on a regular basis (Present Non-Users); and

(b) casual users, being persons or groups who use (or propose to use) facilities at the Premises on an ad hoc basis, and not on a regular basis for organised training or competition (Casual Users).

1.4 The parties agree to establish a committee (the Reference Group) to advise the Council in relation to the management of the Premises, and in relation to such other matters as are set out in the following provisions of this Special Condition 1.

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1.5 The Council agrees to consider and make a determination with respect to any suggestion submitted to it in accordance with this Lease by the Reference Group.

1.6 The Reference Group will comprise:

one representative of the Council (being Council’s Officer);

one representative of the Tenant;

two community representatives selected by the Council from time to time; and

at the Council's discretion, a representative from each Present User and Present Non-User that is allocated use of a ground and/or building at the Premises from time to time.

1.7 The Reference Group will meet on a quarterly basis, or at such other intervals as the Council may prescribe from time to time, to review the annual reports provided by the Tenant to the Council pursuant to Special Condition 1.11 and Special Condition 3.1, and make suggestions to the Council in relation to:

1.7.1 new seasonal allocations or changes to existing seasonal allocations;

1.7.2 the arrangements for the on-going repair and maintenance of the Premises;

1.7.3 the expenditure of the moneys paid by the Tenant to the Council pursuant to Special Condition 1.8.2 in the development and improvement of open space areas of the Premises; and

1.7.4 the operating times of the electronic gate to prevent vehicles accessing the Premises from Irvine Road pursuant to Special Condition 7.1.

The parties acknowledge and agree that notwithstanding any suggestions of the Reference Group, the Council shall be ultimately responsible for making decisions in relation to the matters referred to in this Special Condition 1.7 from time to time.

1.8 On or before 31 August in each year, the Tenant must:

1.8.1 give the Council a report detailing all moneys received by the Tenant from Present Users and Present Non-Users of the Premises in accordance with this Lease during the preceding financial year (ending 30 June); and

1.8.2 pay to the Council an amount equal to 50% of the total moneys referred to in Special Condition 1.8.1 to be used by the Council solely for the purpose of development and improvement of open space areas of the Premises. Council must establish a dedicated fund within its internal accounting system for the purpose, and must provide reports setting out reasonable details of how the moneys in the fund have been used, upon request by the Tenant.

1.9 The Tenant must establish and maintain a booking system for the use of the sports grounds and other facilities at the Premises.

1.10 To enable Council and other interested persons to monitor the availability and usage of the sports grounds at the Premises, the Tenant must:

1.10.1 ensure that the Tenant's website is regularly updated to provide current information as to the seasonal allocations and bookings of the sports grounds;

1.10.2 erect and display signage at the Premises, directing interested persons to the Tenant's website; and

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1.10.3 advise Council of any Unauthorised Activity,

in accordance with the Council's reasonable requirements.

1.11 Council must do all things reasonably necessary, in consultation with the Tenant, to prevent Unauthorised Activity on the Premises. For the purpose of this Special Condition 1.11, the Council will be deemed to have complied with its obligations if:

1.11.1 once becoming aware of the Unauthorised Activity, a representative of Council attends the Premises and informs the person(s) conducting the Unauthorised Activity (or any person apparently representing those persons) that the activity is not permitted on the Premises;

1.11.2 in the event that the Unauthorised Activity continues after Council has complied with Special Condition 1.11.1, Council contacts the Police and any applicable local laws enforcement officer and informs them of the Unauthorised Activity; and

1.11.3 in the event that the same person(s) continue to use the Premises for Unauthorised Activities after Council has complied with Special Condition 1.11.2, the Council meets with the Tenant within a reasonable time after being requested by the Tenant to do so, for the purpose of jointly developing a strategy in good faith to prevent those person(s) from continuing to conduct Unauthorised Activities on the Premises.

For the avoidance of doubt, this Special Condition 1.11 does not fetter or restrict the powers or discretions of Council in relation to any powers or obligations it has under any Act, regulation, local law or by-law.

1.12 Prior to 30 December in each year, the Tenant must give the Council a detailed report setting out:

1.12.1 the present condition of the Building and playing surfaces at the Premises;

1.12.2 any improvement works and beautification activities undertaken in respect of the Premises over the preceding 12 month period (ending on 30 September); and

1.12.3 the Tenant's programme for the following year in respect to the above matters.

Within 30 days after the Tenant gives the report, or at such other intervals as the Council may prescribe, representatives of the parties shall meet to discuss the contents of the report and the Tenant's compliance with its obligations under this Lease.

1.13 The parties agree that:

1.13.1 the rental charged by the Tenant to Present Users and Present Non-Users must be in accordance with Council’s Sporting Reserve Allocation Policy; and

1.13.2 the rental charged by the Tenant to Casual Users shall be as determined by the Tenant from time to time acting reasonably, and in determining such rental the Tenant shall take into account the rentals charged by the Council for the casual hire of similar grounds within its municipal district.

1.14 The Tenant must ensure that every Casual User that is allocated use of a ground and/or building at the Premises executes a hire agreement with the Tenant in the standard form prescribed by Council from time to time.

1.15 The Tenant must ensure that each Present User (apart from the Ivanhoe Grammar School) and Present Non-User that is allocated use of a ground and/or building at the Premises to execute a licence with the Tenant in the standard form prescribed by Council from time to

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time. Following the execution of any licence, the Tenant must promptly submit a copy to the Council for approval. The licence shall have no force or effect until it has been approved by the Council.

1.16 If any dispute arises between the Tenant and any user of the sporting facilities on the Premises, the Tenant must refer the dispute to the Council whose decision in the matter shall be final and binding on all parties to the dispute. For the purposes of this Special Condition, a dispute shall be deemed to have arisen if any user notifies the Tenant in writing of the existence of a dispute, and the dispute is not settled within 14 days of the user's notice.

1.17 Whenever the Tenant receives any written correspondence from any person in relation to the management of Chelsworth Park, the Tenant must:

1.17.1 provide a copy of the correspondence to Council within 5 business days; and

1.17.2 respond in writing to the correspondence and provide a copy of the response to Council within 10 business days.

2. Capital Works and Improvements

2.1 Subject to clause 15.3, as soon as practicable following the Commencement Date, the Tenant must at its own cost and in a proper and workmanlike manner, carry out and complete the Capital Works and Improvements. The Capital Works and Improvements comprise works of high priority, medium priority and low priority, as detailed in Attachment C.

2.2 The Tenant must complete the Capital Works and Improvements within the following timeframes:

2.2.1 all high priority works must be completed within the first 3 years of the Term;

2.2.2 all medium priority works must be completed within the first 6 years of the Term; and

2.2.3 all low priority works must be completed within the first 9 years of the Term.

2.3 This Special Condition 2.3 sets out the circumstances in which the timeframes for completion of the Capital Works and Improvements in Special Condition 2.2 (each a Completion Date) may be extended:

2.3.1 The Tenant is entitled to an extension of time to a Completion Date if, and only if, the Tenant:

(a) gives written notice to the Council of the delay affecting its ability to achieve the Completion Date as soon as is practicable and in any case not later than 7 days after the Tenant becomes aware that an event causing a delay has arisen;

(b) specifies in writing the length of the delay in days claimed and provides supporting documentation reasonably required by the Council within 20 days after the cessation of the cause of the delay; and

(c) satisfies the Council acting reasonably that the only cause of the delay is one or both of:

(i) any event or circumstance or combination of events or circumstances could not have been prevented, overcome or remedied by the exercise by the Tenant of a standard of care and diligence consistent

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with that of a prudent and competent person under the circumstances; or

(ii) a state-wide or nation-wide industrial relations dispute affecting multiple sites and multiple companies which does not relate specifically to the Tenant or the Premises.

2.3.2 Where more than one event causes concurrent delays and the cause of at least one of those events, but not all of them, is not a cause of delay listed in Special Condition 2.3.1(c), then to the extent that the delays are concurrent, the Tenant shall only be entitled to an extension of time for any additional delays arising from a cause of delay listed in Special Condition 2.3.1(c).

2.3.3 The Council must within 21 days of receipt from the Tenant of the written notice referred to in Special Condition 2.3.1(a) give the Tenant written notice of its decision to grant or refuse to grant an extension of time and the period of extension.

2.3.4 A delay by the Council in granting, or the failure of the Council to grant, a reasonable extension of time or to grant an extension of time in accordance with Special Condition 2.3.3 shall not cause the Completion Date to be set at large.

2.3.5 Where the Tenant fails to comply with any requirement of Special Condition 2.3.1, the Tenant shall not be entitled to an extension of time for the relevant event or delay and the non-entitlement to an extension of time will not cause the Completion Date to be set at large.

2.3.6 Any extension of time granted by the Council shall be the Tenant’s sole remedy in connection with the relevant event or delay and the Tenant shall:

(a) have no other claim (whether in contract, negligence or on any other basis whatsoever) against the Council in connection with the relevant event or delay; and

(b) not be entitled to delay costs of any nature.

2.4 Upon request by Council from time to time, the Tenant must promptly give Council copies of invoices and other documentation reasonably required by Council, to enable Council to verify:

2.4.1 what Capital Works and Improvements have been completed to date; and

2.4.2 the amount which has been expended by the Tenant to date in carrying out Capital Works and Improvements.

2.5 If for any reason the Tenant fails to complete any Capital Works and Improvements to Council's reasonable satisfaction within the time required under Special Condition 2.2, then without limiting any other rights which the Council may have, the Council may do any of the following (at the Council's election):

2.5.1 give the Tenant 12 months written notice, that if the Capital Works and Improvements are not completed within 12 months the Lease will be terminated; or

2.5.2 by notice in writing, extend the deadline for completion of the relevant Capital Works and Improvements in the Council's absolute discretion.

2.6 For the avoidance of doubt the parties acknowledge and agree that following their construction, all improvements constructed as part of the Capital Works and Improvements shall be and remain the sole property of the Council at all times.

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2.7 The following provisions apply in relation to any part/s of the Capital Works and Improvements which require a planning permit:

2.7.1 The Tenant must apply for a planning permit for each part of the Capital Works and Improvements, at least 12 months prior to the date for completion of the relevant works as set out in Special Condition 2.2.

2.7.2 In applying for the planning permits, the Tenant must comply with any reasonable directions which Council may give, which may include making separate applications for some parts of the Capital Works and Improvements, and a combined application for other parts.

2.7.3 If the Tenant lodges an application for a planning permit pursuant to this Special Condition 2.7, and the permit is not granted within 12 months after the date of the Tenant's application, then the Tenant is not required to carry out the relevant part of the Capital Works and Improvements referred to in this application.

2.8 This Special Condition 2 only applies in relation to the initial Term.

3. Major asset renewal

3.1 At the commencement of the lease and as soon as practicable at each 5 year interval, the Council will engage a suitably qualified consultant to prepare a report (Annual Report) detailing:

3.1.1 the current condition of the improvements at the Premises (including without limitation, air conditioning equipment and tennis court surfaces); and

3.1.2 the major asset renewal works which in the consultant's view, are required:

(a) over the following 12 month period;

(b) over the following 5 year period; and

(c) over the following 10 year period,

to ensure that the improvements at the Premises are continuously maintained to a high standard and in good working order and condition, and do not become dilapidated.

3.2 The Council must give a copy of the Annual Report to the Tenant.

3.3 The Tenant must reimburse the Council on demand for the cost of obtaining the Annual Report.

3.4 Each party must at its own cost carry out all works in accordance with the consultant's recommendations, and in accordance with the Council's reasonable requirements and directions, to the extent that the works are expressed as being that party's responsibility in the Maintenance Schedule contained in Attachment E.

4. Inundation, Contamination and Hazardous Materials

4.1 The Tenant acknowledges and agrees that:

4.1.1 the Land has been designated within the Banyule Planning Scheme as land subject to inundation (LSIO) and this may detrimentally affect any part of the Premises; and

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4.1.2 as this is a natural phenomenon occurring at indeterminate periods, the Tenant must take care to reduce the potential effects of Contamination caused by flooding. Without limitation, the Tenant must ensure that any materials such as chemicals, fertilisers, etc. are stored outside the area designated as LSIO and housed in accordance with any requirements or directions which the Council may specify from time to time.

4.2 For the purposes of this Special Condition 4, 'Contamination' means the existence or likely existence of any substance (whether a solid, liquid or gas) of any kind or concentration, whether existing or future including:

4.2.1 anything which would be deem the Land to be 'polluted' as defined in section 4 of the Environment Protection Act 1970 (Vic);

4.2.2 anything which would or would be likely to make the Land or the Premises unsafe or in breach of the requirements of the Occupational Health and Safety Act 2007 (Vic); and

4.2.3 anything which is identified as a pollutant in any state environment protection policy or any industrial waste management policy,

and 'Contaminated' has a similar meaning.

4.3 The Tenant must ensure that any chemicals or materials used by the Tenant are stored and used in a manner that does not put any person(s) at risk.

4.4 The Tenant must immediately notify Council if it suspects that any spillage or other Contamination has arisen due to the Tenant's use of the Premises.

4.5 The Tenant is responsible for affixing signs on the Premises to ensure that all of the Tenant's officers, employees, agents, representatives and contractors are aware of the Tenant's obligations set out in this Special Condition 4.

5. Liquor Licence

5.1 Subject to Special Condition 5.2, the Tenant must:

5.1.1 seek the prior written consent of Council before applying for any licence or permit under the Liquor Control Reform Act 1998 (Vic) (licence or permit) or any other such legislation regarding the supply of alcohol in the State of Victoria, or applying for any variation, removal, transfer, surrender or release of the licence or permit or nominating any person to be a licensee or permittee;

5.1.2 produce the licence or permit to Council for inspection upon demand;

5.1.3 comply with any conditions of the licence or permit imposed by Council;

5.1.4 comply with all conditions of the licence or permit and all laws relating to the licence or permit;

5.1.5 not allow the licence or permit to be cancelled or suspended;

5.1.6 renew the licence or permit and notify Council in writing within 14 days of the renewal;

5.1.7 promptly notify Council in writing if the licence or permit is cancelled or suspended or if the Tenant receives any notice, summons or fine in relation to the licence or permit;

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5.1.8 indemnify Council for any damages or costs incurred in relation to the licence or permit or a breach of this clause by the Tenant; and

5.1.9 surrender the licence or permit within 21 days of receiving a written notice from Council, which Council may give to the Tenant if the Tenant's use of the Premises is causing or likely to cause a nuisance to local residents.

5.2 Where a Present User or Present Non-User proposes to hold a licence or permit in respect of any part of the Premises:

5.2.1 nothing in this Lease requires the Tenant to hold the licence or permit in the Tenant's own name; and

5.2.2 the Tenant must ensure that the Present User or Present Non-User (as the case may be) complies with the requirements of Special Condition 5.1.

6. Tax exempt

The Tenant must not undertake any activity or permit anything to be done which may cause it to cease being exempt from Commonwealth income tax under the Income Tax Assessment Act 1997 (Cwlth).

7. Roads and toilets

7.1 Subject to the Tenant satisfying the Official Requirements, and at Council’s sole discretion, Council may permit the Tenant, at the Tenant's own cost, to install and maintain an electronic gate to prevent vehicles accessing the Premises from Irvine Road between 12 midnight and sunrise.

7.2 The times of operation for the electronic gate will be reviewed by the Reference Group as outlined in Special Condition 1.7.4.

7.3 The Tenant shall be solely responsible at its own cost for ensuring that all public toilets at the Premises are opened at sunrise and locked at sunset each day.

8. Tennis courts

8.1 The Tenant shall have dedicated use of the tennis courts at the Premises during the times nominated on the Tenant's website and approved by Council from time to time as being times when the courts are allocated for Ivanhoe Grammar School use. Outside these times, the Tenant must ensure that the courts are available for hire by community groups and sports clubs.

8.2 The Tenant is not required to make the tennis courts at the Premises available for public hire or use by individual members of the public.

8.3 The half court multi-sport and play space (to be constructed by the Tenant next to the tennis courts as part of the Capital Works and Improvements) is to remain available to the public at all times free of charge.

9. Regional Storm Water Harvesting Project

9.1 The Tenant acknowledges that the infrastructure for the Regional Storm Water Harvesting Project has been constructed partly on the Premises and partly on other adjoining land as shown on the schematic plan at the end of Attachment H. To the extent that the infrastructure for the Regional Storm Water Harvesting Project is to be located on the Premises, the Tenant agrees as follows:

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9.1.1 the Tenant shall have free use of the water from the Regional Storm Water Harvesting Project up to 10ML per annum;

9.1.2 the Tenant consents to the Council or the Council's contractors entering the Premises for the purpose of maintaining the infrastructure, and agrees that this does not constitute a breach of the Council's obligation to provide quiet enjoyment under this Lease;

9.1.3 the parties shall repair and maintain the infrastructure in accordance with the Storm Water Maintenance Schedule contained in Attachment H; and

9.1.4 the water used by the Tenant in the irrigation at the Premises must be used in accordance with the requirements set out in the Storm Water Use Guide contained in Attachment G.

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Attachment B Reporting Structures and Key Performance Indicators (KPI's):

It is a requirement of Council for the Tenant to meet monthly on the management of the Premises. Furthermore a monthly report including the following Key Performance Indicators must be submitted to Council's Officer. The Tenant's performance in relation to this Lease will be assessed by Council against the achievement of targets outlined in the Attachments, Capital Works and Improvement Schedule and feedback on the management of the Premises. Council agrees to immediately raise any concerns in respect of the Tenant's performance under this Lease with the Tenant for action and resolution.

Quarterly Reporting

a) Quarterly report meetings will be scheduled by Council’s Officer at a venue to be determined with the following attendees:

1. Council’s Officer

2. Ivanhoe Grammar School Business Manager

3. Ivanhoe Grammar School Venue Manager

Note: Other Council employees, school employees or contractors may be invited to attend contract meetings.

b) The Tenant must provide a quarterly report on the performance and operations of the Premises including a quarterly KPI report incorporating the following KPI measures:

No. Description: Financials Numbers Report

1.

Number of teams and permanent tenants

Yes

Yes

2.

Allocation fees collected

Yes Yes

Yes

3.

List of allocated Casual Users and details of the times and facilities allocated to those users, together with details of all enquiries from prospective Casual Users

Yes

Yes

4.

Risk Management and OH&S Reporting

Yes

Yes

5.

Customer Feedback and provision of correspondence and responses in accordance with Special Condition 1.16.

Yes

Yes

6.

Asset Maintenance Report

Yes

Yes

7.

Compliance with Lease Maintenance Schedule

Yes

Yes

8.

Quarterly maintenance works including reports of actual works carried out Chelsworth Park, including dates the work was undertaken and by whom the work was undertaken and up to date report on agreed capital works

Yes

Yes

Yes

9.

Compliance with obligation to provide financial documentation in relation to the Permitted Use at the Premises

Yes

Yes

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Attachment C Capital Works and Improvements Schedule

Tennis Courts

Description Priority Cost Est $

Construction of a new court at the far east of existing courts – include line marking for netball

High $75k

Upgrade current 3 hard courts to new surface High $120k

Erect all new fencing and screen mesh High $30k

Construct spectator facility and storage area High $15k

Half court multi-sport and play space High $30k

Ovals


Underground irrigation for all ovals -half (1st stage) High $150k

Underground irrigation for all ovals -half (2nd stage) Medium $150k

Fencing/ netting at western side of ovals – stop balls going into creek - safety issue (3 sections of low height fencing)

High $12k

Electronic scoreboard for main oval Medium $50k

New fencing of main oval – currently safety issues High $25k

Roads/Car parks


Repair all pot holes and road surface damage in Irvine Road High $30k

Install vehicle barriers / electronic gate in Irvine Road – deny vehicle access after-hours in Irvine Road

High $60k

Add additional parking bays along The Boulevard with additional access ramp to the ovals. Details to be negotiated

Medium $120k

Signage


New signage at key park entry points – detailing park ownership management and tenants

High $5k

Pavilions


Renovation of the Sports Pavilion – additional 2 change rooms, improve toilet facilities including disabled toilet, social room and extend veranda

High $500k

Renovation of the Football Pavilion - internal upgrade Medium $150k

Total Estimated Spend $1,546 Million

All works subject to planning and building approvals

Priority Years

High 1 to 3 years

Medium 4 to 6 years

Low 7 to 9 years

Once the relevant capital works have been completed, the relevant capital works are deemed to have been deleted from this Attachment.

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Attachment D Premises Plan

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Attachment E Maintenance Schedule

The table below outlines in detail the Maintenance Responsibilities of Council and the Tenant and includes standards or frequencies.

Maintenance Schedule

Cleaning Schedule

Horticultural Schedule

Note Cost of repairs to any Council Responsible listed items that are damaged due to misuse by the Tenant will be at the Tenant’s cost.

The table below outlines in detail the maintenance responsibilities of the parties.

Maintenance Item Council’s Responsibility Tenant’s Responsibility Standard or frequency.

Air Conditioning, evaporative coolers, & fixed ventilation fans.

Nil. Regular cyclical maintenance, servicing and repairs of AC units, wall and ceiling cassettes, evaporative coolers and fixed ventilation fans.

In accordance with Council’s Air Conditioning Service guidelines. i.e. Monthly / 3 monthly / Annually.

Alarms. Consultation with regard to recommended type.

All monitoring fees, maintenance, repairs of alarms and call out costs. Supply of codes/keys to Council for maintenance access.

By qualified tradespersons.

Cleaning. Nil. All.

Clocks. Nil. All. As required. Including re-calibration for DST/EST.

Doors, roller doors, roller shutters, grills, door furniture, door closers, & locks. (Excluding lock cylinders)

Nil. Maintenance and repairs of all internal and external doors.


Earth Leakage Circuit Breaker.

Consent. Installation and maintenance if required. By qualified tradespersons, to Australian Standards and regulations.

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Electricity supply mains, sub-mains and switchboards.

Nil. Replacement, repair and upgrade (if required) due to additional or alterations to equipment installed.

By qualified tradespersons, to Australian Standards and regulations.

Electrical wiring, power points, and light fittings.

Nil. Replacement of faulty fixtures, fittings, globes, & fluorescent tubes with starters to match & wires including tennis court lights. Supply of Certificate of compliance to Council.

By qualified tradespersons, to Australian Standards and regulations.

Exit signs and emergency lighting.

All maintenance and regular servicing (if fitted) at user’s cost. Costs incurred in inspecting, servicing and maintaining

Not applicable As required by legislation, twice yearly.

Fencing and Gates. Nil. All. By qualified tradespersons.

Fire prevention and detection equipment - Portable eg fire extinguishers, hoses & cabinets.

All maintenance and regular servicing at user’s cost.

Reimbursement of costs incurred in inspecting, maintaining and servicing equipment including costs for recharging after non-fire discharges, and replacement costs for items missing or stolen.

As required by legislation, twice yearly.

Fixtures, Fittings and Equipment.

Nil. Free standing and permanent built-in equipment and appliances. Includes:- Microwave ovens, fridge/freezers, heaters, washing machines, shelving, telephones, photocopiers, ovens, stoves, dishwashers, ceiling fans, auto boils, etc


Floors and floor coverings – cleaning.

Nil. All. To cleaning guidelines.

Floor coverings – repair. Nil. All. To health and safety requirements.

Floor coverings – replacement.

Nil. All. Minimum of once during the term of this lease. Timing dependent on condition report after inspection.

Floor maintenance – Timber. Nil. Cyclical maintenance resurfacing of timber floors by sanding and recoating with polyurethane. Plastic tips to be fitted to all chairs and tables to protect floors.

Minimum annual resurfacing. Additional resurfacing if required due to heavy usage or inappropriate cleaning. Cleaning as per guidelines.

Furniture & equipment. Nil. All.

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Grease Traps. Nil. All. (if fitted) By qualified tradespersons.

Guttering & downpipe maintenance and cleaning.

Nil. All. By qualified tradespersons to Australian Standards and regulations. Minimum of two cleans per year.

Heaters – built-in. Nil. All regular cyclical maintenance and repairs. Annual service for gas heaters (April).

Inspections. Annual inspections to identify and report on maintenance works to be carried out by Club and prioritised by Council.

Regularly inspect and report to Council. Report to Council any potential risk to the site.

Keys, lock cylinders and padlocks.

Restricted System integrity check.

Repair of vandal damage on locks fitted to internal and external doors. Costs of repairs or replacement of all locks, cylinders & keys, and extra keys as required. Supply of keys to Council for access.

As required.

Painting - external surfaces. Nil. All. A minimum of once every five (5) years. Timing dependent on condition report after inspection. To Australian Standards AS/NZS 2310 -1995, AS 2311-1992, AS/NZS 2312-1994.

Painting – internal surfaces. Nil. All. A minimum of once every eight (8) years. Timing dependent on condition report after inspection. To Australian Standards AS/NZS 2310 -1995, AS 2311-1992, AS/NZS 2312-1994.

Paving & footpaths. Nil. Maintain, repair and replace all within fenced site. By qualified tradespersons.

Pest & vermin eradication. White ant (termite). All other. By qualified tradespersons to Australian Standards and the requirements of Council’s Health and Building Departments.

Plumbing maintenance. Including hot water service, roof plumbing, storm water, water & gas pipes.

Nil. Connections and replacement of faulty fixtures, fittings and piping. Other maintenance eg: replacement of tap washers. Supply of Certificate of compliance to Council


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Public Toilets (if any). Nil. All maintenance and cleaning if open to the public – Refer clause 7.3 Attachment A

Cleaning as per guidelines.

Security grills and screens. Nil. All (if fitted).

Security lighting. Nil. Maintenance, repair and replacement of all lights attached or wired to the building.

Annual servicing.

Septic tank pump outs. Nil. All. (If required) As required (every 3 to 5 years dependant on inspection).

Sewer blockages. Investigate blockages and apportion cost to the relevant body responsible for blockage.

Cost associated with blockages caused by the users.

Sewer pumps. Nil. All. By qualified tradespersons.

Signage maintenance. Identification and hours.

Nil. All. To Council’s requirements.

Smoke Detectors – hard wired

Nil. All, (if fitted) including battery maintenance. As required by legislation.

Structural maintenance Including footings, foundations, stumps, timber frame, roof, walls, ceilings, doors, window frames (except glazing), floors, verandahs, balustrades, handrails and ramps.

All. (including vandal damage of a structural nature)

Nil. To Occupational Health and Safety requirements.

Telephone and data wiring, television antennas.

Nil. All. By qualified tradespersons.

Trees – removal and pruning. Any tree affecting the building (gutters or foundations) and located outside the site.

Any tree affecting the Building located within the leased area. All others within the site.

Prior approval required from Council for any removal and/or pruning. NB. Council approval required before any new planting is undertaken.

Utility service and usage charges: electricity, water, sewer, gas and telephone (if applicable).

Nil. All.

Vandalism, including break-ins.

All structural repairs to buildings

Repairs to the building including the external doors and windows, internal fixtures and fittings, other than

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structural repairs.

Window fittings & furnishings (internal and external).

Nil. All.

Windows - Glazing replacement.

Nil. All internal and external. To Australian Standards and regulations.

GUIDLINES FOR GENERAL CLEANING OF COUNCIL OWNED BUILDINGS

Sub Area Task Cleaning Method Daily Weekly Fortnightly

Other Comments

REGULAR CLEANING (Where applicable)

Entrances/External

External and under cover pavement, entrance mats

Clean Vacuum mats, sweep pavement Remove mats clean and replace, remove litter, leaves, cigarette butts etc.

Entrance doors, entrance glass Clean Spot clean with glass cleaner Must be smear free finish (metho. & water)

Doors, walls Clean Spot clean Using all purpose cleaner

Ledges, and sills Clean Damp wipe down Using clean damp cloth (impregnated)

High dusting areas Clean Cobweb broom (damp cloth) Includes ledges, cobwebs etc.

Parquetry/Timber Clean Fringe mop then mop with neutral disinfectant/detergent

Remove all spills and soil (i.e. Gymclean or equiv) / Buff weekly

Hard Floors (Tiles) Clean Wash with a solvent base detergent Must be smear free

Vinyl Floors Clean Fringe mop. Mop with disinfectant/neutral detergent (Daily)

Machine polish floors weekly/i.e non-slip retarded mopshine

Carpet & corners Clean Vacuum, spot clean stains Under furniture, edges etc / Using solvent based spotter

Glass doors, Partition glass Clean Spot clean with glass cleaner Must be smear free


Skirtings, ledges Clean Damp wipe down Using a clean damp cloth

Desks/ Tables/ Bench Tops Clean Wipe down Wipe around objects using an impregnated cloth, smear free

Furniture Clean Damp wipe down Using a clean damp cloth

Waste bins Empty Empty & replace bin liner Empty, replace, rubbish to central collection point

Waste bins Clean Wash and wipe With mild detergent/disinfectant

Recycling paper boxes Empty Empty and replace Empty, replace, paper to central collection point

High dusting areas Clean Damp wipe down, remove cobwebs Remove all dust, cobwebs (broom) etc.

REGULAR CLEANING (Where applicable)

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Passageways, Store Rooms

Parquetry/Timber Clean Fringe mop then mop with neutral disinfectant/detergent

Remove all spills and soil (i.e. Gymclean or equiv) / Buff weekly

Carpet & corners

Clean Vacuum, spot clean stains Using solvent based spotter


Other Comments


Fittings, skirtings, ledges Clean Damp wipe down Using a damp cloth

High dusting areas Clean Damp wipe down, remove cobwebs Remove all dust, cobwebs (broom) etc.

Kitchen Areas / Tea point areas

Vinyl Floors Clean Fringe mop. Mop with disinfectant/neutral detergent (Daily)


Sink, bench tops and appliances Clean Wipe down and clean with an all purpose cleaner

Abrasive powder such as Ajax or equivalent


Fittings, Skirting, Ledges Clean Damp wipe down Using a damp cloth

High dusting areas Clean With cobweb broom (Damp cloth) Includes ledges, fans, vents, cobwebs, etc.

Waste bins Empty Empty & replace bin liner Remove, rubbish to central collection point, replace

Waste bins Clean Wash and wipe Using detergent – disinfectant

Toilet Areas/Changerooms

Consumables Replace

Replace as required Wipe dispensers free of finger marks

Sinks, basins, bench tops, & fittings

Clean Wash & clean Abrasive powder such as Ajax or equivalent

Mirror & Glass Clean Spot clean with glass cleaner Must be a smear free finish

Toilet & seat furniture Clean Scrub & flush Using a disinfectant (liquid bleach)

Walls (Tiles) Clean Spot clean. Remove stains Must be streak free finish

Walls -other Clean Spot clean Using all purpose cleaner

Floors (Tiles) Clean Damp mop Using a detergent - disinfectant. Non-slip

Floors (Vinyl) Clean Fringe mop. Mop with disinfectant/neutral detergent


Sanitary units Clean Damp wipe down Using a clean damp cloth

Doors & partitions Clean Damp wipe down Must be streak free finish

Waste bins Empty Empty & replace bin liner Remove, replace, rubbish to central collection point

Waste bins Wash Wash & wipe Using a clean damp cloth with mild detergent

Urinals Clean Scrub and Flush Using a powder abrasive & disinfectant, smear free finish

Skirtings & ledges Clean Damp wipe down Using a clean damp cloth

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High dusting areas Clean With cobweb broom (Damp cloth) Includes ledges, vents, cobwebs, etc.

PERIODIC CLEANING (Where applicable)

Shell Glass

Clean Wash with streak free detergent and squeegee dry

Internal and external shell glass to be cleaned


Other Comments

Partition Glass Clean Wash with streak free detergent and squeegee dry Internal and external partition glass to be cleaned

Carpet Clean Steam clean and remove all stains All carpet areas, using water base cleaner

Vinyl Floors - Sheet vinyl / tiles Reseal Strip and reseal with a quality vinyl seal All vinyl sheet and tile areas - 3 coats with buff after each coat. Additional 2 coats & buff after one week.

Vinyl Floors- Low Maintenance types EG. Tarkett / Tapiflex / Sommer 2000

Clean Scrub wash and buff clean with white pad All Tarkett / tapiflex / Sommer 2000 vinyl areas.

Floors - Ceramic tiles Clean Wash Acid wash, final wash with non-slip detergent

Floors - Other Clean Wash and clean Non-slip

Walls Clean Scrub-wash Using a solvent based grease cutter

Refrigerators Clean Defrost, clean thoroughly with neutral detergent Quarterly. Defrost all non-defrost units, restack & leave on

Ovens/stoves/microwaves Clean Clean thoroughly with neutral detergent Quarterly. Leave smear free

Light Fittings Clean Wash and Wipe Half yearly. Leave smear free

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Attachment F Horticulture & Technical Services Council shall, at the Tenant's cost, engage a suitably qualified contractor to undertake an audit of the grounds at the Premises every 3 years and recommend improvements. Horticulture and technical services are provided for the following:

Garden Maintenance Grass area maintenance Park Asset Maintenance Sports field Maintenance Irrigation Maintenance Service Standards:

1. Garden Bed Maintenance: This activity includes all plant material with a height of less than 2 metres. The Tenant is to ensure that maintenance works are performed as follows: Inspection - Once weekly or as directed by Council’s nominated representative. Weeding - is to be undertaken at the time of maintenance inspection. Herbicides must be

designated “frog friendly” or suitable for use near aquatic environments. Fertilising - regularly after planting. Avoid overuse of fertilizer to minimise site runoff to receiving

environments. Mulching - Replace, top up and/or redistribute mulch when depth of mulch is outside the range of

40/100mm. Mulch to be 75mm thick after operation.

Litter Removal - Remove litter from site, at least weekly in conjunction with inspection. Maintenance – Replace missing, diseased, damaged or dead plants as required upon inspection,

complaint, or when requested by Council's representative. Pruning - Prune plants when affecting sight lines, overhanging footpaths, roads, paved areas, or

lawn areas, or to improve the health, density and any flowering of plants. Edging of Plants - when growth reaches a maximum of 150mm from the defined edge of any

bed, lawn area and paved area.

2. Grass Area Maintenance

This activity covers the mowing and maintenance of grassed areas for lawns or lawns directly associated with established gardens, including weeding, edging, herbicide spraying, irrigation and drainage. It includes the following tasks: preparing areas for sowing or resewing and the establishment of grass areas, maintaining the health and physical appearance of grass, irrigating to maintain optimum soil moisture levels, fertiliser applications to maintain optimum nutrient levels in the soil, soil conditioning, topdressing to maintain level and safe surfaces. The Tenant is to ensure that maintenance works are performed as follows:

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Inspection – once weekly or as directed by Council’s nominated representative. Mowing – mow grass to a height of 25mm when grass height reaches a maximum of 60mm. Aeration - perform aeration at intervals of not greater than 13 weeks.

Fertilising - Fertilise 6 times during spring, summer and autumn with approved fertiliser. Avoid overuse of fertilizer to minimise site runoff to receiving environments.

Litter Removal - Remove litter from site, in conjunction with each maintenance visit. Edging of Grass - Trim edge at the time of mowing. Herbicide is not to be used. Surface Correction - Repair, fill or level any ruts, high points, etc. when greater than 20mm. Grass Management - Ground coverage by grass is not to be less than 95%. Weed control is to

be performed as required so as to maintain a thick, healthy sward of turf. Herbicide may be used for weed control, but should be designated “frog friendly” or suitable for use near aquatic environments.

Nature Strip Grass Areas The surface of all lawn and grass areas is to be even and free of holes and any protruding objects or other items which may cause injury to any person or equipment. Work may require reinstatement of nature-strips by filling in holes or hoe high spots.

3. Parks Asset Maintenance This activity covers the inspection, repair or removal, and maintenance of assets including all park furniture and artificial structures in Chelsworth Park. Assets to be maintained include items such as: open spoon drains unsealed paths seats/ benches picnic tables pipe rail fences bollards chain and bollard timber post and rail fences drinking fountains memorials or commemorative plaques guidepost retaining walls and all other artificial structures, other than buildings. The Tenant is to ensure that maintenance works are performed as follows: Inspections

Monthly Inspections - All assets are to be inspected at minimum monthly intervals to identify defects. Annual Inspection - The Tenant is to conduct an annual inspection of park assets. At the time of inspection all assets are to be inspected for damaged or missing components or components requiring maintenance or replacement. Minor repairs are to be performed at the time of inspection.

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Reactive maintenance - The Tenant is to on identification or reporting of a defect, rectify the defect within 7 days.

Hazardous Situation - When any defects that have been reported to be the cause of a personal

injury or accident or are deemed to be a threat to the health and safety of user, the Tenant is to:

Within 2 hours of notification erect appropriate signs and barriers so as to render the hazard safe or affect temporary or permanent repairs.

Where the defect has been made safe, permanent repairs are to be carried out within 14 working days or earlier as required.

Irreparably damaged or worn assets are to be replaced within 48 hours or as programmed by the co-ordinator.

Maintenance Requirements PART 1

Cleaning – all park assets are to be cleaned and maintained. Seats and picnic tables are to be cleaned as required or on request and are to be free of dirt, bird dropping, and grease.

Repairs - all park assets are to be repaired as necessary, minor and major repairs to all park furniture are to be undertaken so that the assets are safe and perform their intended function in accordance with the manufacturer’s requirements and industry codes of practice. Such repairs are to include replacing and securing damaged worn or loose components and fixings so as to maintain the item in a safe and useable condition while optimising the life of the item.

Surfaces are to be maintained in a smooth condition free of splinters and surface defects.

Painting - Painted/stained surfaces are to be totally repainted/restained as required in a colour to match the existing surface.

PART 2 Park Gates - Are to be maintained in a functioning condition and kept locked when not in use.

Car-parks and Paths - Sealed and unsealed car parks and sealed paths are to be routinely inspected and repaired where required. Potholes to be regularly filled.

Unsealed Paths (including any shared unsealed paths) - Unsealed paths are to be reinstated or resurfaced using the same material of the path construction. Paths are to be even and compacted and free from any defects.

Drinking Fountains - Drinking fountains are to be regularly inspected and maintained operational in a clean hygienic condition. The Tenant is to check to ensure the faucet is clean, the pressure is adequate, the basin clean and the outlet pipe functions.

4. Sportsfield Maintenance

This Activity covers all the operations necessary to maintain the sportsfields to their optimum condition and includes: check and maintain condition of grass and playing surface review and carry out grass management program check and maintain the operation of drainage systems end of season sportsfield renovation, maintenance, repair and/or relocation of:

goal posts

cricket wickets

soccer goals

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PART 3 Sportsfield Surface Frequency of Inspections - The minimum frequency of inspections to sportsfields is weekly. Surface - Surfaces are to be maintained to be consistently covered with grass of an even, strong

and vigorous growth. Bare patches are not to exceed 500mm in area except goal square and cricket pitch area. (Alternative method of management shall be involved during drought conditions).

Fertilising - Check pH and nutrient levels annually or more often as needed to ensure the

chemical composition of the soil is conducive to the growth of grass species. Fertilisation is to consist of a minimum of 2 applications per year to each sportsfield, at times conducive to achieving optimum coverage and density (Spring and Autumn). The Tenant is to test sportsfields for nutrient levels and take appropriate actions to maintain a pH value of between 5.5 and 7. Avoid overuse of fertilizer to minimise site runoff to receiving environments.

PART 4 Gypsum application - Apply gypsum conforming to an approved sample, to those sportsfields

tested as having a high gypsum response value. Application rates are to be as per the manufacturer’s instructions.

Aeration - Aeration of all sportsfields once per month, all cores are to be crushed and evenly

dispersed. Suitable dethaching of sportsfields is required for appropriate air and water penetration.

Topdressing - Topdressing material is to consist of approved sand. It is to be applied in such a

manner so as not to impede the growth of grass or create organic layering. Sand is to be distributed evenly over the entire playing area unless used in the filling of depressions.

Weed Control - Weed control of sportsfield is to be carried out to achieve an even cover of turf

with as minimal a cover of broadleaf weeds as practical. Herbicides are to be applied in accordance with the manufacturer’s specifications, but must be as designated “frog friendly” or suitable for use near aquatic environments..

PART 5 Winter Repairs - Carry out repairs over winter where turf failure is evident and where play is

impaired due to the condition of the turf. Repairs may consist of spreading of topdressing sand in affected areas.

Pests and Diseases - Pest and disease control is to incorporate a proactive program. All works

are to be performed so as to minimise potential impact on users,and the environment. Reactive works must be done in consultation with users.

Check and maintain the operation of drainage systems - includes the inspection and

maintenance of drainage systems in sports fields so that all the drains are operational and no water ponding is created on the surface.

PART 6 Goal Post Inspection, Maintenance, Relocation and Repair The Tenant is to inspect goal posts at the time of the maintenance of sports fields. Upon request the Tenant is responsible for relocation and changeover of goal posts for various sports and at the end of the season. All goal posts are to be painted when required and maintained to a satisfactory standard.

Cricket Wicket Maintenance The Tenant is to ensure that maintenance works are performed as follows: At the commencement of the winter season approved soil is to be supplied and placed in even

quantities at each end of the wicket. At the end of the cricket season, at times agreed upon with the facility user responsible for the covering the wicket the Tenant is to seed the top dressed area.

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During winter season wickets are to be covered so that the concrete surface has a minimum of 50mm of soil coverage unless covered by a synthetic cover. If the coverage of soil is less supply, spread and reseed the affected areas.

At the commencement of the summer season following the removal of the soil covering the wicket

areas by the Tenant, the Tenant is to remove all the additional soil from the sportsfield and renovate the surrounds of the wicket to prevent any water ponding on the wicket surface.

(a) Turf Cricket Wicket Table Maintenance

(b) The Tenant is to ensure that maintenance works are performed as follows: Turf wickets are to receive pre-season preparations. Turf wickets are to be prepared weekly in

accordance with the facility users seasonal fixture which includes:

A clay soil with good grass growing potential, strong enough to give regular bounce when compacted and dry is to be used on all turf wickets.

A surface free of undulations so the drying process is even and the ball does not deviate.

An even covering of fine grass, that holds the soil together and assists in the drying of the subsoil.

The use of a correct weight roller at times of optimum moisture to achieve satisfactory compaction.

Turf Wicket Table Preparation Minimum Frequency Performance Criteria

Carry out pre-season wicket table renovation at the end of the winter sports season. Remove organic material, scarify in both diagonal directions to remove high spots and loosen debris from the surface.

Annually Top dressing material achieves good adhesion to existing soil.

Apply top dressing soil and level. Annually Wicket table is prepare to an even grade of 1 in 100

Seed over the entire table. Annually Grass achieves an even density.

Oversow or sprig with couch when weather is conducive to its growth.

Annually Grass develops as an even layer.

Fertilise wicket table. Annually Fertiliser is applied without signs of turf stress or flush of growth.

Irrigate wicket table to achieve optimum germination and growth.

As required. Entire surface is evenly moist, germination and growth is even and there are no surface cracks.

Protect wicket table from disturbance during renovation and after each week’s play.

As required Wicket table is not damaged.

Top dress 3-4 metres around the perimeter of the wicket table with media.

Annually Run-ups are free of undulation.

Individual Cricket Wicket Preparation During Season

Select and prepare wickets for matches. As per Victorian Cricket Association

requirements

Wickets prepared in accordance with guidelines set out in the VCA guidelines and achieving an Umpire rating not less than 3.

Repair and re-seed any damage to wicket caused by play or other reasons

Weekly Surface is maintained in a level condition and full vigorous grass coverage is maintained.

Rotate wickets, preparing alternate pitches for match play.

As required Quality of wickets is preserved throughout the season and even grass coverage is maintained.

Wicket is to be line marked using water based paint to meet Victorian Cricket

Weekly All lines are straight and clean, ready for the commencement of each day’s

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Association standards of measurement. play.

Practice Wicket Nets This activity includes the maintenance of practice cricket netting / cages and the internal areas of the cages in accordance with Councils’ Sporting Reserves Allocation & Fees and Charges Policy. Practice wicket net areas are to be maintained weed free. The Tenant is to inspect these facilities regularly and perform repairs as required. The Tenant is to ensure that maintenance works are performed as follows: Inspections are performed at minimum frequencies of 1 month or as directed by the Council’s

nominated representative. Practice nets are to be maintained in good condition and are to be free of defects after

maintenance inspections.

5. Irrigation System Maintenance This activity covers the operations necessary to maintain the existing irrigation systems in working order and includes the inspection, maintenance and repair of Sportsfield and Domestic irrigation systems. The Tenant is to ensure that maintenance works are performed as follows: Asset Plans and Register - The Tenant is to:

establish, update, record and maintain details of irrigation systems

respond to, investigate, repair, and shut down any burst or malfunctioning irrigation system within one hour of notification.

ensure the availability of irrigation emergency repair staff 24 hours a day. Inspection - During the operating season undertake weekly inspection of all irrigation systems or

as directed by Council’s nominated representative. This consists of:

recording the default settings of the controller,

testing the operation of the controller,

visual inspection of sprinklers for a duration so as to verify correct operation and rotation

inspection of the playing surface for evenness of watering and physical hazards. System development - System improvements are to be in accordance with the original design

specification and site requirements. Any modifications are to be recorded. Drainage - Drainage systems to be maintained in working order. Additions and/or repairs must

be consistent with the original design and site requirements and to ensure it remains free of contaminants. Modifications are to be recorded.

6. Routine Maintenance The program’s objective is to create and preserve a safe and amenable population of Park Trees and those Trees in high traffic/usage areas in parks. Routine maintenance consists of: A demonstrated process of Tree assessment and Reporting for all individual trees affected by this

lease. Tree pruning in accordance with Amenity Tree Pruning (AS4373-2007) Pest and disease control Tree Assessment and Reporting

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The Tenant is to:

perform routine assessment and pruning of trees around the Premises on a 12 monthly cycle and trees under overhead lines and all street trees on a 24 month cycle or as directed by Council’s nominated representative.

All trees pruned away from overhead electrical lines must be in accordance with Electricity Safety (Electric Line Clearance) Regulations 2010

conduct and document visual assessments of all street trees:

A demonstrated process of recording all activities on all trees effected by the lease must be maintained to the satisfaction of a council representative.

that may be hazardous to public, Council or non-Council property or display indications of disease or pest.

whose form or health would not be significantly improved by works carried out.

that are dead or dying. Tree Pruning Pruning is performed for street trees for the following purpose: visibility, traffic, overhead line and structure clearance. safety and amenity. Pruning falls under the below category and descriptions: Overhead service line and structure clearance

at footpaths 2.40m vertically at driveways 3.00m vertically at roadways 4.00m vertically at 6.00m from back of kerb at streetlights light must cast at 60

o to pole, achieve 1.0m

clearance from pole and as per AS-1158 at traffic lights cleared around traffic lights signage so as to allow clear and easy visibility by motorists at road signs to VicRoads Standards

All tree pruning must be in accordance with Amenity tree Pruning (AS4373-2007)

Pest and Disease Control The Tenant is to: Insectorial Pest - Have an insectorial pest and disease control program and is responsible for

controlling and eradicating insectorial pests and diseases. Elm Leaf Beetle and Dutch Elm Disease Control - Provide Elm leaf beetle and Dutch elm

disease control. Timing of application and notification is to be provided to affected residents. Termite Control - Provide termite control. The timing of application and notification to affected

residents is to be provided prior to application. Wasp and Bee Eradication - Provide wasp eradication and bee relocation as required and

notification to affected residents with details of the method of control and timing. Arrange for the removal of any wasp or bee swarm from trees within 4 hours of receipt of request.

7. Other Services

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General weed control Weed control of the park in general is to be carried out, in particular within and around the central

drain. Herbicides are to be applied in accordance with the manufacturer’s specifications, but must be as designated “frog friendly” or suitable for use near aquatic environments.

Tree Planting The Tenant is to complete the following: Preparation of Plans for Planting Schemes - Prepare plans and documentation required for

planting schemes, consultation, display and presentation. Prepare and distribute leaflets to all residents directly affected by the proposed tree planting works, advising of display locations and times. Planting schemes should not include State prohibited or local weed species.

Quality of Plants - All plants planted are to be true to scientific name, nursery grown and shall be

certified free from decay, insects and diseases. Stock with broken root balls, loose containers, and stock that shows evidence of being root-bound, overgrown or recently potted, are not be used.

Plant Material Size - minimum height of 1 metre (excluding the root ball) with a minimum calliper

of 25 millimetres at 300 millimetres above the root ball. Installation of Plant Material

The Tenant is to ensure that maintenance works are performed as follows:

General - Upon completion of planting, excess soil, stones, and debris shall be removed from the site and the site left clean and tidy. Ground area disturbed as a result of planting operations shall be restored to its original condition.

Layout - All trees are to be located on site as shown on the approved site plans. Where below ground services or obstructions are encountered, the trees are to be relocated.

Planting Holes - The depth shall be enough to accommodate the ball (or roots) of the tree when the tree is set to finish grade.

Mulching - Install wood chips or other acceptable material as a mulch around all trees.

Watering Basin - A basin is to be formed to receive and hold water.

Tree Stakes - Stake and tape all newly planted trees as per accepted techniques. After Care Maintenance

The Tenant is to ensure that maintenance works are performed as follows:

Pruning - All pruning work must be in accordance with Amenity pruning of Tree AS4273-2007).

Watering and Weed Control - Make periodic checks to make certain that the plants are properly cared for, watered and watering basins are kept free of weeds. Ensure that the progress of the plant is satisfactory.

8. General Tree Care Standards Trees Encroaching on Property The Tenant is to ensure that: Branches that encroach on private property are pruned back to the property line at the request of

the property owner. If such pruning works would adversely affect the form and health of the tree, the matter will be negotiated with the property owner.

All pruning works are carried out in accordance with Amenity Pruning of Trees AS4373-2007)

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Disposal of Wood Chips, Logs and Debris The Tenant is to ensure that: No tree prunings are to be left hanging or wedged to any tree. All debris resulting from provision of the services shall be made safe immediately and removed

from the work-site as soon as practical.

Any mulch used must not be contaminated any woody weed material under any circumstances.

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Attachment G Storm Water Use Guide For the purposes of this Attachment H: Regional Storm Water Harvesting System (RSWHS) means the system that captures and stores storm water. The Tenant acknowledges that the RSWHS is designed so that the Premises has an annual allocation of water from the RSWHS of approximately 10 ML. However, the actual allocation of water from the RSWHS to the Premises in any year is dependent on the performance of the RSWHS and the level of prevailing rainfalls. The Tenant must, when the RSWHS storage level is:

1. between 100% and 70% - use the storm water harvested exclusively; 2. between 70% and 15% - use the storm water harvested and water from potable mains; 3. 15% and below - only use water as determined by Council’s Officer in its sole discretion.

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Attachment H Storm Water Maintenance Schedule Revision 1 23 June 2014

1. General Description of System

The works installed provide pumped s to rm water from the underground storage tank in Chelsworth Park to the three ovals of Chelsworth Park. A separate pumping system provides storm water to the Ivanhoe Golf Course open pond for later distribution to the Golf course tees, fairways and greens.

A submersible pressure pump provides water from the underground storage tank via Treatment Shed No. 1 with automatic filtration system including both UV and media filtration to the Chelsworth Park Irr igation system.

2. Operational Overview and Description

Chelsworth Park Irrigation

Two pumps are located within pit D6 adjacent to the underground storage tank at Chelsworth Park. One single submersible pump (No. P2) operates for the provision of pressurised water to the irrigation system at Chelsworth Park Sporting fields and t h e 2

n d p u m p i s a transfer pump for the provision of water to the Open Pond Storage in

Ivanhoe golf course.

Both of the above pumps operate from a single control panel located within Treatment Shed No.1 (located on The Boulevard within the car park), and are fitted with all relevant running and safety features.

3. Technical

Pump P2 is a submersible vertical multistage bore pump designed to deliver a peak flow rate of 8 L/s @ 67.3m head. The pump transfers stormwater from the underground storage to the Chelsworth Park ovals via Treatment Shed 1. The discharge line also has air valve pits and an isolating valve pit. The pump will start on a low pressure reading in the discharge line which will occur with the commencement of the irrigation cycle. The pump will stop on a low pressure reading in the discharge line, or when a pressure transducer in Pit D6 reads low water levels in the Underground Storage.

Pump P2 is a Grundfos Model SP-30-9 150mm die submersible bore hole pump 9.2 kW 3 phase providing 8/0 l/sec for 63.7 mt head.

PUMP P2 CONTROLS:

START - Manual/Automatic irrigation system on via pressure sensor and control cable from control panel in Treatment Shed 1.

STOP - Low Level Transducer in Pit D6 RL 8.2m via control cable.

STOP - Manual/Automatic irrigation system off via pressure sensor and control cable from control panel in Treatment Shed

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4. Water Meter

A water meter has been installed after the Treatment Shed 1 in the system for the monitoring of water consumption f o r t h e C h e l s w o r t h O v a l s c o m p o n e n t o f t h e s ys t e m .

Water Meter Make and Model: Sensus WP Turbine Water Meter

Supplier: Bermad Water Technologies Ph, 9464 2374

5. Operation from Mains Water

If insufficient water is in the underground storm water storage tank or the pumping system fails, it is possible to operate the Chelsworth Park Oval Irrigation System from the Supply Authorities’ potable water main.

To operate from the mains water, turn off the storm water supply valve next to the water meter inside the Treatment Shed 1 enclosure, then turn on each valve before and after the backflow prevention device located adjacent to the tennis courts.

To switch back to storm water from the underground storage tank, reverse the procedure above.

Backflow Prevention Device and shut off valves adjacent to tennis courts

6. Maintenance Responsibilities

Council maintains all the pumps and treatment plant for the provision of water to the Chelsworth Park oval meter.

Ivanhoe Grammar School is responsible for all pipework, valves, fittings and fixtures for the system between the Chelsworth Park water meter and the water delivery quick coupling devices located in the oval surfaces of Chelsworth Park, including the connection/isolation valves and back flow prevention device associated with the connection of the system to Supply Authority mains water supply.

Maintenance is to be carried out in accordance with the following table:

Ivanhoe Grammar School Infrastructure Maintenance

Element Operation & Procedures Timing of

Works

Other

Documents

1. Water

Meter -

Water

Cage near

Treatment

shed 1.

General Inspection as per maintenance checklist

If observed to be recording unusual flows,

remove and service.

As

required

.

2. Pipework General Inspection as per maintenance checklist

Repairs to pipework, mounting fittings, valves

As

required

.

3. Quick

Coupling devices General Inspection as per maintenance checklist

As

required

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4. Valves, back

Flow Prevention

Device

General Inspection as per maintenance checklist

As

required

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7. System Schematic

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1.

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8. Maintenance Checklist

Pipes, Meters & Valves ‐ Form A

Stormwater Treatment System ‐ Maintenance Checklist

Pipes and Valves Maintenance Checklist Date of inspection:

Inspection Frequency:

3 monthly or after large

storm event

Location: Next scheduled inspection on:

Description:

Site visit by:

Inspection Items Y N Action Required / Details

Check all exposed pipelines (pump house and

bridge crossings) for damage

Repair as required

Check for correct operation of irrigation water

supply

If operation abnormal – Notify Council

Take a reading from water meter ensure it is

operating correctly

meter reading:

Check Quick Couple connection operating

correctly

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Check for correct operation of gate and non

return valves and ensure they are in the

correct position

Check for correct operation of back flow prevention

device

prevention devices

Comments / Work order details:

Audited By: (please sign) Reviewed By: (please sign)

Copy to:

Banyule File O&M Manual

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Attachment I Current summer and winter ground allocations for Present Users as at November 2014

SUMMER ALLOCATIONS

User Allocations

IVANHOE GRAMMAR SCHOOL

Monday:

12.30pm - 3.30pm

NW OVAL MW OVAL SW OVAL SE OVAL

Tuesday: 12.30pm - 3.30pm NW OVAL MW OVAL SW OVAL SE OVAL

Wednesday: 12.30pm - 3.30pm NW OVAL MW OVAL SW OVAL SE OVAL

Thursday: 12.30pm - 3.30pm NW OVAL MW OVAL SW OVAL SE OVAL

Friday: 12.30pm - 3.30pm NW OVAL MW OVAL SW OVAL SE OVAL

Saturday: 9.00am - 12.30pm SW OVAL MW OVAL

9.00am - 6.00pm

NW OVAL

Access to the Pavilion at all of the above times.

EAST IVANHOE CRICKET CLUB

Tuesday: Thursday: Saturday:

5.00pm - 8.00pm 5.00pm - 8.00pm 1.00pm - 6.00pm 1.30pm - 6.00pm

SE OVAL) SE OVAL)Pav. SE OVAL) (Alt) SW OVAL

IVANHOE CRICKET CLUB Saturday 12.30pm - 6.00pm

NE OVAL TURF

Wednesday: 4.00pm - 5.00pm

(Baseball) NW OVAL MW OVAL

Thursday: 4.00pm - 5.00pm

(Cricket)

NW OVAL

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WINTER ALLOCATIONS

IVANHOE GRAMMAR SCHOOL Monday: 12.30pm - 5.00pm 3.30PM - 5.00PM

NW OVAL MW OVAL SW OVAL SE OVAL NOS 2 & 3

HOCKEY FIELDS Tuesday: 12.30pm - 5.00pm

3.30pm - 5.00pm 3.30PM - 5.00PM


HOCKEY FIELDS Wednesday: 12.30pm - 4.30pm

3.30pm - 5.00pm 3.30PM - 5.00PM


HOCKEY FIELDS Thursday: 12.30pm - 5.00pm

3.30pm - 5.00pm 3.30PM - 5.00PM


HOCKEY FIELDS Friday: 12.30pm - 3.30pm

3.30pm - 5.00pm 3.30PM - 5.00PM

NW OVAL MW OVAL SW OVAL SE OVAL NOS2 & 3

HOCKEY FIELDS Saturday: 9.00am - 12.30pm

9.00am - 12.30pm 9.00am - 12.30pm 9.00am - 10.45pm 9.00am - 12.30pm

NW OVAL MW OVAL SW OVAL SE OVAL NO 3

HOCKEY FIELDS Access to the Pavilion at all of the above times.

OLD IVANHOE GRAMMARIANS’ FOOTBALL CLUB

Tuesday:

5.00pm - 8.00pm 5.00pm - 10.30 pm

SE OVAL Pavilion

Thursday: 5.00pm - 8.00pm 5.00pm - 10.30 pm

SE OVAL Pavilion

Saturday: 11.00am - 5.00pm 11.00am - 12 Midnight

SE OVAL Pavilion

Sunday: 12.00pm - 8.00pm Pavilion

Access to the Pavilion at all of the above times.

Sunday: 1.00pm - 5.00pm NE OVAL

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4.2

Item: 4.2 Attachment 1: Correspondence received from residents of Lower Heidelberg Road


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4.6

Item: 4.6 Attachment 1: Extension of time request


198 Sherbourne Road, Montmorency - Extension of time request


Address: 198 Sherbourne Road MONTMORENCY

What the Permit allows: Multi-dwelling development (comprising of 8 dwellings), removal of native vegetation, works under the canopy of native vegetation, construction of a retaining wall(s) within 10 metres of the front boundary and alteration of the access to Sherbourne Road in accordance with the endorsed plans.

Development Planner: Mr Andrew Wilson

Applicant: Mr Gary Stewart

BACKGROUND

Permit issued by: VCAT

Date permit issued: 24 September 2014

Endorsed plans issued: 9 September 2012

Development Status: Not commenced

Previous extensions of time: 1st time extension sought

Permit expired/s: 24 September 2014 for commencement

Request received: 11 September 2014

Extension sought: 2 Months

HISTORY

P2011/1119 for a 9 lot subdivision and vegetation removal at 21 Virginia Court, Montmorency was refused by Council officers. An appeal was lodged with VCAT and Council’s decision was upheld. P866/2010 for the realignment of the rear boundary between 198 Sherbourne Road and 21 Virginia Court was granted A Notice of Decision to Grant a Permit on 18 January 2011. Titles were released on 20 September 2013. On 5 April 2012, Council officers issued a refusal to grant a planning permit under delegation. Council’s refusal was then appealed at VCAT and a permit was subsequently granted on 24 September 2012. On 14 April 2014, plans were submitted for endorsement. However, these plans were substantially incomplete and unable to be endorsed to satisfy the various conditions of the permit. The applicant was contacted on 30 May to highlight the extent of additional detail required. On 9 July 2014, a revised set of plans were provided along with additional information (including an arborist report) as required by the permit. Engineering plans were also now submitted to be endorsed. On 30 July, officers contacted the applicant to advise that the plans were still not able to be endorsed due to substantial changes still required as directed by several permit conditions. On 15 August 2014, additional plans were submitted and on 22 August the applicant was contacted to make further changes.

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On 2 September 2014, additional plans were submitted for endorsement. On 9 September 2014, plans were endorsed to satisfy Conditions 1, 10 and 14 of the permit. The applicant was also advised that Conditions 3, 8, 9 and 18 were still outstanding and needed to be complied with prior to development commencing on site. On 15 September 2014 Council was requested to commence preparation of the section 173 agreement in accordance with Condition 8 of the permit. A draft of this agreement has been prepared but a final agreement has not yet been signed. On 15 September 2014, VicRoads was contacted to seek endorsement of plans in accordance with Condition 3 of the permit. On 16 September 2014, a waste management plan was submitted for approval in accordance with Condition 18 of the permit. Condition 9 of the permit remains outstanding. This condition requires the permit holder to prepare a Vegetation Offset Plan. While the applicant submits that this is no longer required as the land has been subdivided, no application has been made to amend or remove the condition.

COMMENT

VALIDITY OF REQUEST

Was the request lodged in time?

Request MUST be received within 6 months of the permit expiry date if works have not commenced or within 12 months of expiry where works have lawfully commenced

Yes. The permit expired on 24 September 2014. The request was received before the permit expired.

PLANNING SCHEME IMPLICATIONS

Is the proposal still permissible under the zone provisions?

No. The zone has changed to a Neighbourhood Residential Zone (NRZ3) which specifies that the number of dwellings on a lot must not exceed 2.

What is the probability of a permit being issued in its current form should a fresh application be lodged?

Previous Tribunal decisions indicate that the decision to extend the permit should not be predicated upon the need to then amend it.

A planning permit could not be issued for the development should a new application be lodged on the basis that the zone has now changed.

Changes in planning policy As noted above, the most significant change in planning policy since the application was approved is the change to the zone. This has changed from the Residential 1 Zone to Neighbourhood Residential Zone Schedule 3. Where the Residential 1 Zone did not make a distinction between residential areas with regard to dwelling density, the Neighbourhood Residential Zone is specifically intended to protect the valued character elements of designated neighbourhoods.

The purpose of the Neighbourhood Residential Zone is to (amongst other things):

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Limit opportunities for increased residential development.

To manage and ensure that development respects the identified neighbourhood character, heritage, environmental or landscape characteristics.

This change in purpose provides weight to Council’s initial concern that the development intensity and design did not adequately respect the character of the neighbourhood.

Significantly, to help achieve the purpose of the zone, the number of dwellings on a lot must not exceed 2.

Changes in circumstance There have been no changes in the surrounding land use or development since the grant of the permit which would warrant refusal of the request.

TEMPORAL CONSIDERATIONS

What has been the total elapse of time? It has been approximately 2 years since the original permit was issued.

Was the time limit originally imposed adequate?

The original time of two (2) years to commence and four (4) years to complete the development was adequate.

Is the landowner seeking to ‘warehouse’ the permit?

No. Whilst the original time frame was adequate, the overall time elapsed since the grant of the permit is not excessive. The applicant has made attempts to commence works on site by submitting plans for endorsement.

INTERVENING CIRCUMSTANCES

Are there any intervening circumstances? There are no known intervening circumstances.

Has there been an economic burden imposed on the landowner by the permit?

There is no burden not common to a permit of this nature.

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4.7

Item: 4.7 Attachment 1: Advertised Plans


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4.7

Item: 4.7 Attachment 2: Additional background information


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5.1

Item: 5.1 Attachment 1: Current Members of the Multicultural Advisory Committee


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6.3

Item: 6.3 Attachment 1: Amendment C103 Summary of Issues


Summary of Issues Raised in the Submission to Amendment C103

Issue Council Response

1. Reduces parkland available for recreation

It will result in a small reduction of open space available for recreation. However as identified in Banyule’s Public Open Space Strategy 2007-2012, Watsonia is well above the standard quantitative benchmark for public open space.

2. Removes ‘warm-up’ area for sporting clubs

There is alternative space nearby within AK Lines Reserve.

3. Reduce property value of adjacent and nearby properties

The effect of this amendment on property values is difficult to determine. Individual property values are not planning considerations and cannot be considered to be relevant to the Amendment.

4. Further residential development will increase traffic along Peters Street

A traffic survey was conducted in 2012 and the speed and volume of vehicles in the street are consistent and typical of a local street. The expected traffic generated from additional dwellings (10 vehicle movements per day for each dwelling) would be an additional 20 vehicles per day, which would mean the results are still consistent and typical of a local street.

5. Removal of established trees and increased development will reduce natural appeal and character of the neighbourhood

The trees on the land are currently protected by planning controls under the Vegetation Protection Overlay – Schedule 5. Appeal and character of the neighbourhood is protected under the Banyule Neighbourhood Character Strategy 2012.

6. A further concern raised during discussions related to potentially more parking in the street as a result of any future residential development

Previous observations by Council officer’s highlighted vehicles occasionally park in the vicinity of 22-24 Peters Street. However, the No Stopping restrictions on the opposing side of the street ensure there is sufficient width for vehicles to pass along the street regardless of the presence of any parked vehicles.

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6.5

Item: 6.5 Attachment 1: CEO Delegation


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6.5

Item: 6.5 Attachment 2: Domestic Animals Delegation


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6.5

Item: 6.5 Attachment 3: Environment Protection Delegation


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6.5

Item: 6.5 Attachment 4: Food Delegation


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6.5

Item: 6.5 Attachment 5: Planning Delegation


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Item: 6.5 Attachment 6: Residential Tenancies Delegation


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6.5

Item: 6.5 Attachment 7: Road Management Delegation


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8.1

Item: 8.1 Attachment 1: Draft Compact Between Banyule City Council and Somali

Community


Working to towards a harmonious and multicultural community in the City of

Banyule

A compact between the Banyule City Council and the Somali Community in Banyule

Together, the Banyule City Council and Somali community in Banyule commit to work together toward the following shared vision and objectives:

Foster cooperation, strengthen relations and pursue mutual respect and understanding among Somali and Australian community members in the City of Banyule.

Build on and promote the strength, assets and contributions of the Somali community in Banyule.

Support emerging young leaders in the Somali community in Banyule to contribute to the broader community, leading to a greater sense of overall cohesiveness for Somali and Australian people.

Support strong and productive partnerships between all levels of government and the Somali community in Banyule.

Encourage Somali and Australia young people in Banyule to contribute our vibrant multicultural community.

Offer and facilitate training, development and employment opportunities for Somali community members in Banyule.

Support a range of educational, training, cultural and civic activities that enable Somali and Australian community members can come together to better understand each other’s identify and culture.

Together, we aspire to strong social, economic and sustainability and equity for all people, from all cultures, in the City of Banyule.

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Item: 8.1 Attachment 1: Draft Compact Between Banyule City Council and Somali Community


Signing page

EXECUTED as a Compact Signed on 17 November 2014 at the Banyule City Council, 275 Upper Heidelberg Road, Ivanhoe. Signed for, and on behalf of the Banyule City Council: Cr Rick Garotti Mr Simon McMillan Chair, Multicultural Advisory Committee Chief Executive Officer Banyule City Council Banyule City Council Signed for, and on behalf of the Somali Community in Banyule: Dr Hussein Haraco Mr Abdirizak Mohamed President Community Leader Somali Australia Council of Victoria North-East Somali Association of Melbourne xxx xxx Xxx xxx Xxx xxx xxx xxx Xxx xxx Xxx xxx This Compact will take effect on and from 17 November 2014. The Banyule City Council and leaders in the Somali community in Banyule will review this Compact collaboratively as required, recognising that it should evolve over time.

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Item: 8.1 Attachment 1: Draft Compact Between Banyule City Council and Somali

Community


banyule city council agenda 10 november 2014

Documents

special meeting of council

council response

upper heidelberg road

lower heidelberg road

people community

southern road heidelberg

sherbourne road

scotts parade ivanhoe