Banyule City Council Agenda 14 April 2014

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Ordinary Meeting of Council Council Chambers, Service Centre 275 Upper Heidelberg Road, Ivanhoe 14 April 2014 commencing at 7.45 Following the public forum commencing at approximately 7.30pm and may be extended to 8pm if necessary. AGENDA The Mayors 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 Confirmation of Minutes Ordinary Meeting of Council held 31 March 2014 Disclosure of Interests 1. Petitions 1.1 Proposed development (24 units) at No. 128 Locksley Road, Eaglemont ............................................................................................................. 3 REPORTS: 2. People Community Strengthening and Support 2.1 Australian Made, Australian Grown Campaign Membership ................................... 5 2.2 Department of Transport, Planning and Local Infrastructure, Sport and Recreation Victoria (SRV): Community Facility Funding Program ................................................................................................................ 11 3. Planet Environmental Sustainability Nil AGENDA (Contd) Ordinary Meeting of Council - 14 April 2014 Page 2 4. Place Sustainable Amenity and Built Environment 4.1 Traffic and Parking Concerns in Watsonia ............................................................ 15 4.2 Proposed Sale of 52 Haig Street, Heidelberg Heights (Former Haig Street Primary School site) ........................................................................... 24 4.3 210, 214-216 Burgundy Street, Heidelberg ........................................................... 32 4.4 33-35 Elwers Street, Watonia North - Proposed Sale of Land ............................... 43 4.5 Notice of Intention to declare a Special Charge - Heidelberg Central Precinct ................................................................................................... 47 5. Participation Community Involvement in Community Life 5.1 Motions for Municipal Association Victoria (MAV) State Meeting ......................... 55 6. Performance - Use Our Resources Wisely 6.1 Governance and Conduct Legislative Amendments ............................................. 59 6.2 Assembly of Councillors ........................................................................................ 65 6.3 Community Information and Support Services Review .......................................... 68 7. Sealing of Documents 7.1 Sealing of Documents ........................................................................................... 73 8. Notices of Motion Nil 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 matters: 11. Confidential Matters 11.1 Contractual matters 11.2 Contractual matters 11.3 Contractual matters; AND proposed developments Matters Discussed in Camera That all confidential matters and reports related to the above items remain confidential unless otherwise specified. Closure of Meeting 1.1Petitions Ordinary Meeting of Council - 14 April 2014 Page 3 1.1 PROPOSED DEVELOPMENT (24 UNITS) AT NO. 128 LOCKSLEY ROAD, EAGLEMONT Author: Una McCafferkey - Development Planner, City Development Ward: Griffin File: P1169/2013 SUMMARY A petition with 153 signatures has been received seeking the refusal of the application for a planning permit for an apartment building at 128 Locksley Road, Eaglemont. The petition prayer is as follows: We the undersigned, residents and ratepayers of Banyule City wish to bring to the attention of Council: Our Petition is against the proposed development at 128 Locksley Road, Eaglemont for the construction of a three storey apartment building (24 dwellings) with basement car parking; and, vegetation removal planning permit application number P1169/2013. We therefore request Banyule Council to: Refuse permit due to size, depth, width, height and massing, not enough car parking, visually overbearing effect, loss of privacy, traffic impact issues, safety to pedestrians and cyclists and would be out of keeping with the design and character of the street scope. The petition has been received from residents primarily from Eaglemont, Ivanhoe and surrounding suburbs including Ivanhoe East, Bellfield, Alphington and Heidelberg. A small number of other petitioners reside further afield at Doncaster and Mill Park. OFFICER COMMENT A detailed assessment of the application against the relevant sections of the Banyule Planning scheme will be undertaken in due course by Council Officers. RECOMMENDATION That: 1. Council receives and notes the petition. 2. Concerns raised in the petition be considered by Officers in assessing the merits of the application. 3. The primary petitioner is advised accordingly. ATTACHMENTS No. Title Page 1 Petition 76 2.1People Community Strengthening and Support Ordinary Meeting of Council - 14 April 2014 Page 5 2.1 AUSTRALIAN MADE, AUSTRALIAN GROWN CAMPAIGN MEMBERSHIP Author: Ben Smith - Economic Development CoOrdinator, City Development File: F2014/300 SUMMARY This report explores the opportunity for Council membership of the Australian Made Australian Grown (AMAG) campaign. 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. CITY PLAN This report is in line with Councils City Plan key direction (1.5) to support people to achieve their economic potential. BACKGROUND The Australian Made Australian Grown (AMAG) logo was introduced as a certification trademark by the Federal Government in 1986. Its associated green and gold logo is synonymous with Australian made goods. Since 1999 the initiative has been administered and promoted by the Australian Made Campaign Limited (AMCL), an independent not for profit organisation that seeks to promote Australian products and produce. AMCL does this under a formal agreement with the Federal Government. The AMAG Campaign Supporter partnerships were introduced to enable Local Government bodies to access the AMAG logo. The AMCL has periodically sent requests to Council to offer campaign membership. The campaign currently has 12 Campaign supporters in Victoria, most of which are concentrated in Melbournes north including the Councils of Darebin, Moreland, Whittlesea, Yarra and Hume. At Councils Ordinary Meeting on 3 February 2014 a resolution was passed (CO2014/11) That Council: 1. Commits to utilise Australian manufacturers and service providers where practicable as our way of supporting Australian jobs in a time of increasing global uncertainty 2. Explores the opportunity to become a supporter of the Australian Made Australia Grown (AMAG) campaign 3. Considers a future report about the anticipated benefits of membership and implications for Councils resource allocation for economic development activity 4. Considers any resource implications for becoming an AMAG supporter in the 2014/2015 budget process. 2.1 People Community Strengthening and Support AUSTRALIAN MADE, AUSTRALIAN GROWN CAMPAIGN MEMBERSHIP contd Ordinary Meeting of Council - 14 April 2014 Page 6 This report responds to the resolution in the context of Councils current economic development activity and its capacity to become an AMAG Campaign Supporter, including the associated strategic and resource implications. HUMAN RIGHTS CHARTER In developing this report to Council, the subject matter has been considered to determine if it raises any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited restricted or interfered with by the recommendations contained in this report. It is considered that the subject matter does not raise any human rights issues. CURRENT SITUATION Councils economic development agenda is supported by the City Plan 2013 - 2017, particularly Key Directions 1.5 Support people to achieve their economic potential and 3.2 Strengthen local activity and employment areas. Focus areas for the next three years of the City Plan are: 1.5.1 Encourage and assist the development of small business 1.5.2 Review Councils procurement guidelines with a stronger emphasis on the support of local employment, social and environmental impacts 3.2.2 Encourage investment that supports local jobs growth 3.2.5 Develop plans that encourage investment and development opportunities for growth and regeneration of business and employment Small Business Support In accordance with focus area 1.5.1, Council delivers a range of services to support prospective and current businesses to establish and thrive in our municipality. Support services include: Information and referral: The Economic Development Unit acts as a first point of contact for local businesses establishing in Banyule, by linking businesses with internal Council services and resources available through other levels of government. Demographic information: Various community and economic profiles are available to support business planning and development. These profiles are regularly updated to reflect changes in our local resident population, industries and infrastructure. Banyule Business Website: A central point for businesses in Banyule which includes a free business directory for local businesses, an event listing and registration system, free monthly e-bulletins and access to resources. Training and Business Development: Banyule provides a range of training programs for free to minimal cost. Topics include (but are not limited to) establishing a business, e-commerce, marketing, finance, winning government business and business planning. 2.1People Community Strengthening and Support AUSTRALIAN MADE, AUSTRALIAN GROWN CAMPAIGN MEMBERSHIP contd Ordinary Meeting of Council - 14 April 2014 Page 7 Business Networking Opportunities: A range of business networking opportunities are provided including Business Breakfasts, Women in Business Lunches and Northern Business Achievement Award events where businesses are provided with the opportunity to meet and network with fellow local businesses. Business Advisory Service: Council provides a free small business advisory service for local businesses in collaboration with the Box Hill Business Enterprise Centre (BEC). The monthly service provides one-on-one confidential support for current and prospective operators. Retail Marketing and Management Support: Council administers the eleven special rate and charge schemes that are active across our retail precincts to encourage commerce, retail and professional activity and employment. NORTH Link Membership Banyule Council is currently a member of regional economic development advocacy group NORTH Link that represents Melbournes northern region comprising the cities of Banyule, Darebin, Hume, Moreland, Whittlesea and Yarra. NORTH Link was established to provide regional economic growth and employment including assistance to industry to improve business productivity and exporting capability. One of NORTH Links key programs is the Enterprise Connect program, an Australian Government initiative that offers comprehensive advice and support to eligible Australian businesses to enable them to reach their full potential. Through the program highly skilled business advisors deliver integrated, practical services that help businesses improve productivity, build internal capacity and capitalise on their growth potential. The Enterprise Connect Program provides practical support to larger Banyule based businesses, recently five companies from Banyule have had a review of their businesses undertaken and experienced the benefits associated with participation in the program. Banyules Procurement In accordance with Banyules City Plan (Focus area 1.5.2), Councils procurement guidelines are currently being reviewed to consider placing a stronger emphasis on supporting positive local employment, social and environmental impacts. Preliminary research has found that Council currently makes a significant contribution to the local economy. This support includes provision of direct and indirect employment opportunities. Indirect employment opportunities are provided through the engagement of service providers, subcontractors and tradespeople to help deliver investments in new infrastructure, asset maintenance and asset renewal. Over the next four years Council capital investment in Banyule will double from historic levels. 2.1 People Community Strengthening and Support AUSTRALIAN MADE, AUSTRALIAN GROWN CAMPAIGN MEMBERSHIP contd Ordinary Meeting of Council - 14 April 2014 Page 8 A basic analysis conducted in 2013 showed that 13 per cent of Banyules total spend was paid to billing addresses in Banyule. It should however be noted that billing addresses may not bear any relation to the businesses main location of staff employment, where the business spends income and where the business produces raw materials and services. Alternatively if the billing address is outside the municipality it may have the capacity to make a contribution to the economic development of Banyule and its residents. In reviewing Councils procurement of goods and services extensive work needs to be undertaken to further explore the current context and opportunities for improvement (if applicable). If changes are made, these will also need to be considered alongside social and environmental impacts and the rollout imbedded across the organisations procurement processes. FUNDING IMPLICATIONS The Australian Made Campaign Limited (AMCL) Board has recently decided to seek a broader interface with Local Government to add strength and integrity to the logo and the ideals it pursues. As part of the decision a review was undertaken of the campaign supporter fee structure and the fee for City Councils reduced from $5,000 p.a. to $2,000 p.a. The AMAG membership would be an extra budget item in Councils budget process. Additionally further staff resources would be required to ensure that the benefits of campaign support are fully realised and integrated into existing activities. POLICY IMPLICATIONS Section 3C of the Local Government Act 1989 (Vic) states that one of the objectives of a local Council is to promote the social, economic and environmental viability and sustainability of the municipal district. This is articulated further in s186 of the Act which states: (6) Whenever practicable, a Council must give effective and substantial preference to contracts for the purchase of goods, machinery or material manufactured or produced in Australia or New Zealand. Councils Procurement Policy consistent with this already supports local business by stating that Council is committed to buying from local business where such purchases may be justified on quality and Value for Money grounds. (Clause 3.5) Council is currently developing an Economic Development Plan for the municipality, which will provide the opportunity to set a strategic approach to guide the range of economic development activity that Council engages in, including: Business development, training and networking programs; Inward investment and attraction; Marketing and management programs for commercial precincts; Key industry support and growth. 2.1People Community Strengthening and Support AUSTRALIAN MADE, AUSTRALIAN GROWN CAMPAIGN MEMBERSHIP contd Ordinary Meeting of Council - 14 April 2014 Page 9 DISCUSSION Campaign Benefits The benefits of joining AMAG can be assessed in the context of: Banyules relatively small manufacturing base: about 11% of jobs and 10% of productivity within the local economy. Councils strategic directions for economic development: presently there is no specific focus on providing comprehensive support to manufacturing or, for instance, to develop buy local campaigns. Other economic development priorities: the current economic development resource is fully committed to delivering the substantial range of activity outlined on pages 2 and 3. The benefits of becoming a Campaign Supporter are primarily focused around demonstrating Councils commitment to its local manufacturers, processes and producers and also positioning Banyule as a place to invest. Various marketing and public relations opportunities available to Campaign Supporters include: Use of AMAG logo in conjunction with Campaign Supporter descriptor to support corporate identity and economic development activities; Access to a list of Australian Made licensees, campaign partners and associates in the Banyule municipality; Representation at Australian Made events and functions; Promotion in Australian made marketing opportunities including newsletters and social media; Access to Australian Made staff as speakers for relevant events, and; The capacity to generate a localised version for Banyule as part of a wider Buy Local initiative. AMCL recently provided Council with a list of licensees of which there are approximately 15 located in Banyule. The relatively small number of licensees may indicate that the AMAG campaign currently has a limited level of relevance for Banyule businesses. It is considered that the return on investment for Council in becoming a member of the AMAG campaign is minimal within the existing capacity constraints of the economic development function. The value to be gained from membership of the AMAG campaign is in the range of activities that could be integrated with it, however this has a resource implication. Council currently delivers, directly and indirectly, a range of support to local businesses that drives economic growth and has tangible benefits for retention of business, attraction of new investment and employment growth. AMAG membership will not in itself add any significant measurable value to Councils support for local businesses. However, when Council considers a draft Economic Development Plan, such membership could be considered within future strategic allocations of resources, for instance providing a potential package of support to local manufacturers. Such support might supplement existing activity provided on a local and regional basis and could include procurement capacity building, partnership development and comprehensive needs analysis. 2.1 People Community Strengthening and Support AUSTRALIAN MADE, AUSTRALIAN GROWN CAMPAIGN MEMBERSHIP contd Ordinary Meeting of Council - 14 April 2014 Page 10 CONCLUSION AMAG Campaign support needs to be assessed in line with Banyules overall economic development agenda. If integrated appropriately, the campaign support could provide a valuable way to extend the range of economic development services that Council provides to local businesses. Such support may include programs targeted towards larger manufacturers and complementary initiatives to encourage residents to buy local. The current economic climate coupled with the development of Councils Economic Development Plan, provides an ideal opportunity to extend Councils economic development agenda. However, extension of the service may have resource implications including budget and potential staffing to build in programs that realise the benefits of the membership investment. RECOMMENDATION That Council considers Australian Made Australian Grown membership once consideration has been given to the strategic approach to Councils economic development activities within the emerging Economic Development Plan. ATTACHMENTS Nil 2.2People Community Strengthening and Support Ordinary Meeting of Council - 14 April 2014 Page 11 2.2 DEPARTMENT OF TRANSPORT, PLANNING AND LOCAL INFRASTRUCTURE, SPORT AND RECREATION VICTORIA (SRV): COMMUNITY FACILITY FUNDING PROGRAM Author: Ben McManus - Leisure Services Team Leader, Community Programs File: F2014/300 SUMMARY To consider projects for submission for the Department of Transport, Planning and Local Infrastructure, Sport and Recreation Victoria (SRV) 2015/16 Community Facility Funding Program and provide matching required funds in the 2015/16 Capital Works program for the successful applications. 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. CITY PLAN This report is in line with Councils City Plan key direction of enhance Banyules public and open spaces. BACKGROUND The Community Facility Funding Program helps provide high-quality and accessible community sport and recreation facilities across Victoria by encouraging Increased sport & recreation participation, increased access to sport and recreation opportunities, better planning of sport & recreation facilities, innovative sport & recreation facilities, environmentally sustainable facilities and universally designed facilities. There are six categories of funding available for within this program, however this report is to consider project options in the four following categories. Major Facilities - Grants of up to $650,000 to develop and upgrade major sport & recreation facilities. Funding ratios within this category are $3 local : $1 SRV. Minor Facilities - Grants of up to $100,000 for any one project where the total project is no more than $500,000 to upgrade or develop a community sport or recreation facility. Councils can apply for a total maximum funding of $200,000 for up to three applications. Funding ratios within this category are $1 local : $1 SRV. Soccer Facilities - Grants of up to $100,000 for up to two projects to upgrade existing or develop new facilities to maximise soccer participation. Funding ratios within this category are $1 local : $1 SRV. 2.2 People Community Strengthening and Support DEPARTMENT OF TRANSPORT, PLANNING AND LOCAL INFRASTRUCTURE, SPORT AND RECREATION VICTORIA (SRV): COMMUNITY FACILITY FUNDING PROGRAM contd Ordinary Meeting of Council - 14 April 2014 Page 12 Recreation Planning - Up to $30,000 is available for planning initiatives that address future sport & recreation needs. Funding ratios within this category are $1 local : $1 SRV. The application process will be undertaken in two stages. Stage One Project Proposals are due 30 April 2014. The proposals will be assessed and only proposals that are considered to have the best community outcomes from SRVs perspective will be invited to Stage Two Full Applications which are due 23 July 2014. ADVOCACY This report advocates on behalf of the community for improved community sport & recreation facilities. HUMAN RIGHTS CHARTER In developing this report to Council, the subject matter has been considered to determine if it raises any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited, restricted or interfered with by the recommendations contained in this report. It is considered that the subject matter does not raise any human rights issues. CURRENT SITUATION Council officers have identified potential projects and held several discussions with SRV representatives who have provided further advice on the most appropriate form of support for the project. Based on the outcome of these discussions, Council Officers consider the following seven projects best fit with the grant funding criteria and will address the highest community need. Major Facilities: Banksia Street Stadium The Banksia Street Stadium was previously in full use by the community in the northern region. The Banksia Street Stadium is proposed to be multipurpose and increase participation in a range of sports across the region. Minor Facilities: Anthony Beale Reserve Regional Playground This project will be the fourth regional play ground in Banyule and provide for the north eastern corner of the community as well as residents in adjacent suburbs. A regional playground or family activity centre has a primary objective to provide a range of experiences and facilitate families up to half a day at a location. Realignment of Main Yarra Trail at Banyule Flats This project has been identified as a priority project as it will significantly improve use of the connection by making the trail more direct for both recreational and commuter purposes. It is included in the Open Space Strategy and a feasibility study has been completed. 2.2People Community Strengthening and Support DEPARTMENT OF TRANSPORT, PLANNING AND LOCAL INFRASTRUCTURE, SPORT AND RECREATION VICTORIA (SRV): COMMUNITY FACILITY FUNDING PROGRAM contd Ordinary Meeting of Council - 14 April 2014 Page 13 Poulter Reserve Sports Field Lighting This project has been identified as it will provide overflow training opportunities for local clubs within the area and provide sports field lighting which meets Australian Standards and improves safety. Soccer Facilities: Cartledge Reserve Sports Field Lighting has been recommended as part of the precinct upgrade at Cartledge Reserve which Council is undertaking. Council has committed to supporting the pavilion redevelopment and this project ensures the lighting meets Australian Standards and allows the club to increase training with improved lighting on both pitches. Partingtons Flat Ground Restructure has been identified to increase playing pitches in Banyule. The project increases the number of pitches available for use within Banyule. Planning: The Olympic Park MasterPlan has been identified as there is a need to review the many projects and components that are running concurrently at the Olympic Park precinct. This new MasterPlan will review, update and plan for the future of the Olympic Park Precinct. FUNDING IMPLICATIONS Cost associated with these projects is included in Attachment One. These projects have a total cost of $15.1 million of asset upgrades and development (noting the proposed approximate costs for the Banksia Street Stadium will make up the majority of this funding). If successful $975,000 of the cost would be funded through Sport and Recreation Victoria (SRV) 2015/16 Community Facility Funding Program. Banyule City Council will be required to fund approximately $13.1 million for the seven projects and this matching funding requirement would need to be considered as part of the 2015/16 draft Capital Works Budget. These funds will be required if all project submissions are successful and made available through 2015/16 Budget process for projects to proceed. CONSULTATION As previously mentioned in this report Officers have held several discussions with SRV representatives who have provided guidance on the development of those proposals that have merit, that align with program objectives and that are ready to proceed. If the proposed projects are invited to Stage Two (Full Application), further detailed consultation will occur with key stakeholders during the full application development phase. TIMELINES Stage One Project Proposals are due 30 April 2014 and will be assessed by the alignment of the projects proposed outcome and the program objective, criteria and project readiness. 2.2 People Community Strengthening and Support DEPARTMENT OF TRANSPORT, PLANNING AND LOCAL INFRASTRUCTURE, SPORT AND RECREATION VICTORIA (SRV): COMMUNITY FACILITY FUNDING PROGRAM contd Ordinary Meeting of Council - 14 April 2014 Page 14 Applicants will be provided with notification for projects that can process to Full Application stage for the 11 June onwards. Full applications will be developed and submitted by 23 July 2014. Full application assessment against program criteria will begin on 24 July and funding announcements and notification of outcomes will occur September onwards. CONCLUSION Officers believe the projects that have been identified within this report have merit, best fit the funding criteria, align with program objectives, are ready to proceed and the outcomes will address the highest community need. RECOMMENDATION That Council: 1. Endorse the following projects and request officers submit project proposals to Sport and Recreation Victoria within the following funding categories: (a) Major Facilities Banksia Street Stadium (b) Minor Facilities - Anthony Beale Reserve Regional Playground Stage 1; Realignment of Main Yarra Trail at Banyule Flats and Poulter Reserve Sports Field Lighting (c) Soccer Facilities - Cartledge Reserve Sports Field Lighting Upgrade and Partingtons Flat Reserve Pitch Restructure (d) Planning - Olympic Park Master Plan 2. Acknowledges it will match funding if all projects progress to full application and are successful. 3. Receive a further report following successful notification of funding from SRV and refer matching funding requirement to the 2015/16 budget process. ATTACHMENTS Nil 4.1Place Sustainable Amenity and Built Environment Ordinary Meeting of Council - 14 April 2014 Page 15 4.1 TRAFFIC AND PARKING CONCERNS IN WATSONIA Author: Bailey Byrnes - Transport Engineer, City Development Ward: Grimshaw File: F2014/141 SUMMARY Residential concerns were raised with Council regarding parking and traffic on three connected streets in Watsonia: Kenmare Street, Black Street and Lambourn Road. A road safety investigation into the concerns raised highlighted that Kenmare Street and Lambourn Road ranks as a high level and medium level priority respectively, amongst the streets considered for future funding of traffic calming when assessing road safety risks. Black Street does not currently warrant consideration for traffic calming measures at this time. Further investigation will need to be conducted to determine the most appropriate traffic management solution for Lambourn Road and Kenmare Street, prior to the streets being added to the Capital Works Program. On street parking availability along Black Street and Kenmare Street are considered to be at an acceptable level. However, a high volume of vehicles park on Lambourn Road near the Community Hall, which is likely associated with patrons accessing the facility. To address the access concerns along Lambourn Road outside of business hours, the existing No Stopping restrictions should be altered to operate at all times, following the consultation with adjacent property occupiers. In addition, parking bays should be marked along Lambourn Road within the permitted on-street parking areas, to guide motorists to park legally. In the longer term, further investigations can be undertaken to determine the feasibility of providing indented parking on one or both sides of Lambourn Street, near the Community Hall. Should such a project be feasible, funding would need to secured through Councils Capital Works Program. 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. CITY PLAN This report is in line with Councils City Plan key direction to maintain and improve Banyule as a great place to live. 4.1 Place Sustainable Amenity and Built Environment TRAFFIC AND PARKING CONCERNS IN WATSONIA contd Ordinary Meeting of Council - 14 April 2014 Page 16 BACKGROUND Residential concerns focused on traffic volumes and speeds travelling along Kenmare Street, Black Street and Lambourn Road, and the occurance of rat-running through the Watsonia area. Concerns were also raised about the level of on-street parking occuring adjacent to the local community centre. Due to the proximity of the streets in question, an area wide investigation was considered more appropriate. The investigation into the residential concerns has been completed, and accordingly this report has been prepared for Council consideration. Existing Conditions The subject streets are located to the west of the Watsonia Neighbourhood Activitiy Centre. All three of the above streets are designated local streets within Councils road heirachy. A locatily plan is provided in Figure 1. Figure 1 Locality Plan Kenmare Street Kenmare Street runs in a general north-south direction parallel to Watsonia Road, which is the main thoroughfare through the Watsonia Neighbourhood Activity Centre. The road provides connection between Devonshire Road (a collector road) to the south via Herbert Street, and Greenwood Drive and Morewell Avenue to the north. Kenmare Street is approximately 7.1m wide along the entire length of the road, measured between the face of the kerbs. There are currently no parking restrictions in operation along Kenmare Street. Key Kenmare Street Lambourne Road Black Street 4.1Place Sustainable Amenity and Built Environment TRAFFIC AND PARKING CONCERNS IN WATSONIA contd Ordinary Meeting of Council - 14 April 2014 Page 17 Black Street Black Street runs in a general east-west direction, connecting Watsonia Road (a collector road) to Kenmare Street. The adjacent properties are primarily residential, with a small section of business and commerical properties at the eastern end of the street within the Watsonia Neighbourhood Activity Centre. The street is approximately 6.8m wide along the entire length of the road. There are currently parking restrictions in operation along both sides of Black Street, with No Parking restrictions on one side of the street, and 2-Hour parking on the other side of the street. These parking restrictions alternate on either side of the street along its length. Lambourn Road Lambourn Road runs in a general east-west direction parallel to Black Street, connecting Watsonia Road to Kenmare Street. The eastern end of the street connects to the Watsonia Neighbourhood Activity Centre, with a small section of business uses along the street. Watsonia Community Hall is located along the western section of the street, with the remainder of the street residential in nature. The street is approximately 6.8m wide along the entire length of the road. There are currently parking restrictions in operation along both sides of Black Street, with No Parking restrictions on one side of the street, and 2-Hour parking on the other side of the street. These parking restrictions alternate on either side of the street along its length in a similar manner to Black Street. INVESTIGATION A road safety investigation of the above streets has been completed; including several site observations and traffic speed and volume counts in Black Street and Lambourn Road. Council officers undertake speed and volumes counts around Banyule subject to the availability of resource and equipment. A locality map demonstrating the locations of the speed and volume counts discussedd in the paragraphs following is included in Attachment A. Kenmare Street Speed and volume counts have previously been conducted in Kenmare Street in 2008 and 2011, in the vicinity of Lambourn Road. The results of the above surveys, and the results a survey conducted on Lambourn Road in the vicinity of Greenwood Drive in 2013, are provided in Table 1. 4.1 Place Sustainable Amenity and Built Environment TRAFFIC AND PARKING CONCERNS IN WATSONIA contd Ordinary Meeting of Council - 14 April 2014 Page 18 Table 1 - Traffic Speed and Volume Results Kenmare Street, Watsonia Location Midblock between Lambourn Road and Leafield Street Midblock between Lambourn Road and Leafield Street Midblock between Greenwood Drive and Mundy Street Directions 15 Sep 2008 21 Sep 2008 2 May 2011 8 May 2011 31 Aug-2013 7 Sep 2013 Average Weekday Volume (vpd) Both 1,979 2,215 1,267 North 1,006 1,229 755 South 973 986 512 85th Percentile Speed (km/h)1 Both 55.1 53.8 47.2 North 52.9 53.6 47.4 South 56.5 54.1 46.3 1The 85th percentile speed is the speed 85 percent of vehicles are travelling at or below It is understood that Kenmare Street is used as a road link between Greenwood Drive and Devonshire Road in order to bypass the Watsonia Neighbourhood Activitiy Centre. In order to understand the level of traffic using this link, traffic data collected in Kenmare Street north of Greenwood Drive, undertaken in 2013, is used as a comparison. The traffic count data indicates an increase in traffic volumes along Kenmare Street between 2008 and 2011, from 1,979 vehicles to 2,215 vehicles. The busy southern section of Kemare Street compared with traffic volumes along Kenmare Street north of Greenwood Drive are significantly greater. This further suggests that the section of between Greenwood Drive and Devonshire Road are predominatly used as a link road. Traffic volumes along Kenmare Street between Lambourn Road and Leafield Street are slightly higher than expected for a road of Local status within Councils road hierarchy. In accordance with Councils Road Management Plan, such roads can expect up to 2,000 vehicles per day. The 85th percentile speeds recorded along Kenmare Street have decreased slightly between 2008 and 2011, from 55.1 km/h to 53.8 km/h. These speeds are slightly higher than the legal speed limit of 50 km/h, however are similar to roads with similar volumes around Banyule. Vehicle speeds on Kenmare Street north of Greenwood Drive are below the legal speed limit at 47.2 km/h. Further review of the traffic data has not highlighted any other ongoing speeding concerns during normal weekday peak periods, evenings or on weekends. Site observations of Kenmare Street highlighted a low number of vehicles parking along the street. Some localised parking was observed to occur near Lambourn Road, adjacent to the community hall. A check of the VicRoads casualty crash database indicates that there has been one reported crash in Kenmare Steret, in the five year period from January 2008 to December 2012. The crash involved a vehicle losing control and striking a power pole while travelling along Kenmare Street, at the intersection of Black Street and Gayle Street. 4.1Place Sustainable Amenity and Built Environment TRAFFIC AND PARKING CONCERNS IN WATSONIA contd Ordinary Meeting of Council - 14 April 2014 Page 19 Black Street A traffic speed and volume survey was undertaken in Black Street, west of Watsonia Road, in June 2013. However, concerns were raised by residents following the conclusion of the speed and volume survey regarding the positioning of the speed and volume tube counters and their proximity to Watsonia Road. An inspection during the speed and volume survey completed in Black Street determined that the counter were positioned 70m west from Watsonia Road, and 120m east of High Street. Given the length of the road, the positioning of the counters was considered to be reasonable, and allowed sufficient distance from Watsonia Road for vehicles to reach to the appropriate speed. Notwithstanding the above, a follow-up speed and volume survey was completed in Black Street in February 2014 to verify the speed of vehicles travelling along the street. This speed and volume count was conducted on Black Street, west of High Street. The results of the above surveys, together with previous surveys conducted to the west of High Street in 2011, are provided in Table 2. Table 2 - Traffic Speed and Volume Results Black Street, Watsonia Location Midblock between High Street and Kenmare Street Midblock between Watsonia Road and High Street Midblock between High Street and Kenmare Street Directions 10 Aug 2011 16 Aug 2011 30 June 2013 6 August 2013 13 Feb 2014 19 Feb 2014 Average Weekday Volume (vpd) Both 423 583 414 East 175 237 173 West 248 345 241 85th Percentile Speed (km/h)1 Both 50.2 41 47.2 East 49.2 41.5 47.5 West 50.9 39.6 47.2 1The 85th percentile speed is the speed 85 percent of vehicles are travelling at or below The traffic count data indicates that vehicle volumes along Black Street have remained relatively consistent over the past three years, with slightly higher vehicle volumes in the section of Black Street closer to Watsonia Road. These volumes are considered acceptable for a local road such as Black Street, and are in line with the expectations of a local road in accordance with Councils Road Management Plan. The 85th percentile speeds recorded along Black Street have decreased slightly over the last 3 years, from 50.2 km/h in 2011 to 47.2 km/h in 2014. Slightly lower speeds were recorded along the eastern section of Black Street towards Watsonia Road. These speeds are below the legal speed limit. Further review of the traffic data has not highlighted any other ongoing speeding concerns during normal weekday peak periods, evenings or on weekends. Observations of on-street parking highlighted a moderate level of parking along Black Street, towards Watsonia Road, with lower levels of parking occurring along the rest of the street. 4.1 Place Sustainable Amenity and Built Environment TRAFFIC AND PARKING CONCERNS IN WATSONIA contd Ordinary Meeting of Council - 14 April 2014 Page 20 A check of the VicRoads casualty crash database indicates that there have been no reported crashes in Black Street, in the five year period from January 2008 to December 2012. Lambourn Road A traffic speed and volume survey was undertaken in Lambourn Road, between Kenmare Street and High Street, in November 2013. The results of this survey, together with a previous survey conducted in 2008 are provided in Table 3. The traffic count data indicates an overall decrease in traffic volumes along Lambourn Road over the past five years, from 2,249 vehicles per day to 1,764 vehicles per day in 2013. This represents an overall decrease of 20% during this time. Traffic volumes along Lambourn Road are in line with expectations for a road of Local status within Councils road hierarchy. The 85th percentile speeds recorded along Lambourn Road have also decreased over the past five years, from 57.0 km/h in 2007 to 49.2 km/h in 2013. These speeds are below the legal speed limit of 50km/h. Table 3 - Traffic Speed and Volume Results Lambourn Road, Watsonia Location Midblock between Watsonia Road & High Street Midblock between Kenmare Street & High Street Directions 23 Jun 2008 29 Jun 2008 27 Nov 2013 4 Dec 2013 Average Weekday Volume (vpd) Both 2,249 1,764 East 1,213 886 West 1,037 878 85th Percentile Speed (km/h)1 Both 57.0 49.2 East 56.5 47.6 West 57.7 50.2 1The 85th percentile speed is the speed 85 percent of vehicles are travelling at or below Figure 3 Black Street - Speed and Volume Count Locations A check of the VicRoads casualty crash database indicates that there have been no reported crashes in Lambourn Road, in the five year period from January 2008 to December 2012. Observations of Lambourn Road indicate high levels of on-street car parking occuring at times when with classes and events are held at the community hall during the day and evening. Parking restrictions are in operation during the daytime periods (8am to 6pm Monday to Friday, and 8am to 1pm on Saturday) restricting parking to one side of the road. However, vehicles are observed to park on both sides of outside of these times. 4.1Place Sustainable Amenity and Built Environment TRAFFIC AND PARKING CONCERNS IN WATSONIA contd Ordinary Meeting of Council - 14 April 2014 Page 21 Centre line marking is present along the western section of Lambourn Road, between Boger Court and Kenmare Street. This linemarking was installed in August 2013 to assist directing vehicles onto the correct side of Lambourn Road when vehicles are parked on-street. The linemarking was installed slightly off centre, to ensure motorists have sufficent room when travelling alongside vehicles parked within the permited on-street areas. However, as the permited on-street parking area alternates sides along the length of Lambourn Road, residents have reported the line marking does not appear straight when no vehicles are parked in the area. An ariel view of the linemarking is shown in Figure2 . Figure 2 Lambourn Road, Watsonia Centre Line marking Arrangement DISCUSSION Speed and Volume The Local Area Traffic Management (LATM) Strategy provides opportunity for to consider funding in the budget process for the installation of traffic calming devices in roads throughout the municipality. The LATM Strategy recommends a system which assesses and prioritises roads on the need for traffic calming measures based on traffic speeds, traffic volume and casualty crashes, as well as considering factors such as proximity to schools, shops, recreation facilities and playgrounds. This ensures that ranked sites get priority funding of traffic treatments where such funding is available. When assessed in accordance with the LATM Strategy, Black Street does not warrant the installation of traffic devices at this time. However, Kenmare Street and Lambourn Road rank as a high and medium level priority respectively when ranked against competing locations. Accordingly, further investigation is required to determine an appropriate traffic management solution for both Kenmare Street and Lambourn Road, for future consideration within Councils Capital Works Program. It is noted that traffic volumes along Kenmare Street are slightly higher than expected for a road of Local status within Councils road hierarchy. However, Kenmare Street provides one of the few convenient north-south road connections between Devonshire Road and Macleod to the south to Greenwood Drive and Bundoora to the north-west. This lack of alternate and convenient north-south connection for local traffic movements between the suburbs is expected to add to the overall traffic volumes on the street and as such is not unusual in Banyule. 4.1 Place Sustainable Amenity and Built Environment TRAFFIC AND PARKING CONCERNS IN WATSONIA contd Ordinary Meeting of Council - 14 April 2014 Page 22 On-street parking On street parking along Black Street and Kenmare Street are considered to be at an acceptable level, with the majority of residents and their visitors able to find a parking space close to their property. The high level of parking occurring along Lambourn Road is likely associated with patrons accessing the Community Hall. While parking along the street is managed by parking restrictions during business hours, the levels of parking on Lambourn Road outside of these times is of concern particularly when there is an afterhours activity at the facility. There is insufficient width along Lambourn Road to allow two vehicles to park opposite one another and still provide the legal 3m clearance for through traffic. While the legal 3m clearance is generally provided during the day, outside of the operating times of the parking restrictions vehicles are parking in a manner that may prevent access to through traffic. Due to the adhoc nature of events held at the Community Hall outside of business hours, it is difficult to restrict the operation of parking restrictions to fit the events held at the hall. As such, it is proposed to alter the existing No Stopping restrictions in the vicinity of the Community Hall to operate at all times, following the consultation with adjacent property occupiers. The existing operating times of the 2-hour parking restrictions will remain. In addition, parking bays will be marked along Lambourn Road within the permitted on-street parking areas, to assist in directing motorists to park legally. In the longer term, further investigations can be undertaken to determine the feasibility of providing indented parking on one or both sides of Lambourn Street, near the Community Hall. Should such a project be feasible, funding would need to secured through Councils Capital Works Program. CONCLUSION The investigation highlights that Kenmare Street and Lambourn Road ranks as a high level and medium level priority respectively, amongst the streets considered for future funding of traffic calming when assessing road safety risks. Black Street does not currently warrant consideration for traffic calming measures at this time. Further investigation should be conducted to determine the most appropriate traffic management solution for Lambourn Road and Kenmare Street, prior to the streets being added to the Capital Works Program. On street parking along Black Street and Kenmare Street are considered to be at an acceptable level. However, a high volume of vehicles park on Lambourn Road near the Community Hall, which is likely associated with patrons accessing the facility. To address the access concerns along Lambourn Road outside of business hours, the existing No Stopping restrictions should be altered to operate at all times, following the consultation with adjacent property occupiers. In addition, parking bays should be marked along Lambourn Road within the permitted on-street parking areas, to assist in directing motorists to park legally. 4.1Place Sustainable Amenity and Built Environment TRAFFIC AND PARKING CONCERNS IN WATSONIA contd Ordinary Meeting of Council - 14 April 2014 Page 23 In the longer term, further investigations can be undertaken to determine the feasibility of providing indented parking on one or both sides of Lambourn Street, near the Community Hall. Should such a project be feasible, funding would need to secured through Councils Capital Works Program. RECOMMENDATION That: 1. Council officers consult with the residents of Kenmare Street to determine the level of support for the alteration of the existing time-based No Stopping restrictions to permanent No Stopping restrictions and implement the restrictions if supported; 2. Council officers arrange for parking bays to be marked on Lambourn Road near the vicinity of the Community Hall, to coincide with the permitted parking areas on-street; 3. Council officers further investigate an appropriate traffic management proposal for Lambourn Road, including whether indented parking bays could be accommodated, adjacent to the Watsonia Community Hall and add the proposal to Councils Capital Works Program for future funding consideration; 4. Council officers further investigate an appropriate traffic management proposal for Kenmare Street, between Herbert Road and Greenwood Drive, and add the proposal to Councils Capital Works Program for future funding consideration; and 5. It is noted that the installation of traffic calming devices is not considered warranted in Black Street at this time. ATTACHMENTS No. Title Page 1 Speed and Volume Count Locations 77 4.2Place Sustainable Amenity and Built Environment Ordinary Meeting of Council - 14 April 2014 Page 24 4.2 PROPOSED SALE OF 52 HAIG STREET, HEIDELBERG HEIGHTS (FORMER HAIG STREET PRIMARY SCHOOL SITE) Author: Michael Hutchison - Projects Coordinator, City Development Ward: Olympia File: F2013/841 Previous Items Council on 3 February 2014 (Item 4.5 - Notice of Intention to Sell Land: 52 Haig Street Heidleberg Heights) SUMMARY To consider submissions and determine the sale of the land known as 52 Haig Street, Heidelberg Heights, being the former Haig Street Primary School. 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. CITY PLAN This report is in line with Councils City Plan key direction to engage meaningfully with our community. TECHNICAL CONSIDERATION The land located at 52 Haig Street, Heidelberg Heights, comprises the whole of the land contained in certificates of title volume 9611 folio 033, volume 9849 folio 820, volume 4981 folio 106, volume 6967 folio 279, volume 5133 folio 410, volume 5267 folio 346, volume 8271 folio 232, volume 4981 folio 105, volume 4981 folio 107, volume 5587 folio 267, volume 5669 folio 647, volume 5111 folio 136, volume 5510 folio 905, volume 5598 folio 562, volume 7102 folio 221, volume 5060 folio 923 and volume 5708 folio 411 having a total area of 32,355m (the Land). ZONING The Land is zoned Residential Growth Zone (RGZ). BACKGROUND The former Haig Street Primary School is one of three former school sites purchased from the Minister for Education on the 11 November 2013. All three school sites were closed by the State Government over two years ago. Banyule City Council negotiated the purchase of the former school sites from the Department of Education and Early Childhood Development in April 2013, with transfer of ownership occurring on 11 November 2013. 4.2Place Sustainable Amenity and Built Environment PROPOSED SALE OF 52 HAIG STREET, HEIDELBERG HEIGHTS (FORMER HAIG STREET PRIMARY SCHOOL SITE) contd Ordinary Meeting of Council - 14 April 2014 Page 25 The Haig Street site includes 17 separately titled Land parcels which combined have an area of 3.2ha. The Land is mostly rectangular in shape and is bound by Haig Street to the south, Bonar Street to the north and Law Street to the west. Buildings on the site were demolished in December 2013 and the site is now clear of all buildings and structures. The location of the site is shown in Figures 1 and 2 below. Figure 1 Location Plan Figure 2 Aerial View 4.2 Place Sustainable Amenity and Built Environment PROPOSED SALE OF 52 HAIG STREET, HEIDELBERG HEIGHTS (FORMER HAIG STREET PRIMARY SCHOOL SITE) contd Ordinary Meeting of Council - 14 April 2014 Page 26 CURRENT SITUATION 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 conducted in late 2013 to provide an opportunity to identify potential purchasers for 52 Haig Street, Heidelberg Heights. 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 19 March 2014 and submissions are currently being assessed with a successful proponent expected shortly. Council will consider evaluation and progress of its RFT process under a separate confidential report. The terms of any sale will require the purchaser to develop no less than 2,400m of public open space on the Land. 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. 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 the Land known as 52 Haig Street, Heidelberg Heights 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. In this instance Council will hear submissions received in response to the giving of public notice. CONSULTATION Public notice of Councils intention to sell the Land was given in the Heidelberg Leader on 25 February 2014 and Diamond Valley Leader on 26 February with submissions on the proposal invited in accordance with section 223 of the Local Government Act 1989. The submission period in relation to the public notice of Councils intention to sell the Land closed on 27 March 2014. One submission was received and has indicated a request to be heard before a meeting of Council. A copy of the submission has been circulated separately to all Councillors. General consultation in relation to the Haig Street development has been ongoing. This community engagement has consistently communicated that Council intended to sell the Land for appropriate medium density development (between 80-140 dwellings). A summary of related community engagement is provided in Table 1 below. 4.2Place Sustainable Amenity and Built Environment PROPOSED SALE OF 52 HAIG STREET, HEIDELBERG HEIGHTS (FORMER HAIG STREET PRIMARY SCHOOL SITE) contd Ordinary Meeting of Council - 14 April 2014 Page 27 Table 1: Summary of related community engagement Date Item Details 24 September 2012 Council meeting Sale of School sites in Olympia Ward. Resolution CO2012/301 19 November 2012 Council meeting Surplus School Sites. Resolution CO2012/330 3 December 2012 Council meeting Former school sites in the Olympia Ward. Resolution CO2012/345 26 February 2013 March/April 2013 Banyule Banner Reference to Councils intention to buy school sites from State Government in Mayors Column. 8 April 2013 Council meeting Former school sites in the Olympia Ward. Resolution CO2013/102 8 April 2013 Council meeting Former school sites purchase Seeking support from Local Members of Parliament. Resolution CO2013/109 30 April 2013 May-June 2013 Banyule Banner Reference to Councils intention to buy school sites in Mayors column. 7 May 2013 Media release Media release on endorsement of draft Budget and City Plan with mention of hopes to buy school sites. 23 May 2013 Media release Announcing successful purchase of the school sites from the Department of education. 3 June 2013 Council meeting Rezoning of former school sites in the Olympia Ward and project update. Resolution CO2013/190 17 June 2013 City Plan 2013-2017 Endorsed by Council provides references to future purchase of school sites. 18 June 2013 Media release Media release on Budget Adoption referenced development of school sites. 27 June 2013 July-Aug 2013 Banyule Banner Reference in Mayors column to buying school sites. Mid July 2013 Budget 2013/2014 brochure Brochure accompanied all rates notices and Mayors message referenced school sites. August 2013 Council website Posted Questions and Answers Sheet to website 7 August 2013 Direct Mail - Information letter and community Posted to local residents and property owners - Haig Street 4.2 Place Sustainable Amenity and Built Environment PROPOSED SALE OF 52 HAIG STREET, HEIDELBERG HEIGHTS (FORMER HAIG STREET PRIMARY SCHOOL SITE) contd Ordinary Meeting of Council - 14 April 2014 Page 28 Date Item Details update flyer and surrounding area. 2 October 2013 Direct Mail - Invitation to community information sessions Posted to local residents and property owners - Haig Street and surrounding area. 8 October 2013 Community information session Held at Council Chambers (Ivanhoe), 6:00pm to 8:00pm. 10 October 2013 Community information session Held at Banyule Community Health Centre (Heidelberg West), 1:30pm to 3:30pm. 16 October 2013 Council website Updated community information on website. 29 October 2013 Nov-Dec 2013 Banyule Banner Mayor in his column discussed the purchase of the school sites, plans for them and key contact for community to discuss project. 13 November 2013 Direct Mail - Information letter Posted to local residents and property owners in the neighbourhoods around the former school sites advising of demolition. 18 November 2013 Council meeting Redevelopment of the former Haig Street Primary School site in the Olympia Ward, Petition report. Resolution CO2013/386 20 November 2013 Media release and Council Website Media release sent to Heidelberg Leader and posted to Council webpage Demolition starts at former school sites. 20 December 2013 Media release Media release sent to Heidelberg Leader about incorporation of park into Haig Street site development. 3 February 2014 Council meeting Notice of intention to sell land: 52 Haig Street Heidelberg Heights. Resolution CO2014/6 25 February 2014 Public notice Public notice of Councils intention to sell the Land was given in the Heidelberg Leader 26 February 2014 Public notice Public notice of Councils intention to sell the Land was given in the Diamond Valley Leader March 2014 March-April 2014 Banyule Banner Mayors Ward Round focused on community calls for the Department of Education to build a new school in the area, 4.2Place Sustainable Amenity and Built Environment PROPOSED SALE OF 52 HAIG STREET, HEIDELBERG HEIGHTS (FORMER HAIG STREET PRIMARY SCHOOL SITE) contd Ordinary Meeting of Council - 14 April 2014 Page 29 Date Item Details with Council reserving some space on the Banksia College site. 27 March 2014 Webpage update Project update and frequently asked questions section of the webpage. SUBMISSION ISSUES RAISED The main issues raised in the submission include: Planning and development outcomes: Process is short sighted and benefits a small number while having the potential to negatively impact a large number of people. Concern about intensity of local development specifically being the plan to build medium density housing on the Haig Street site and similarly to approve medium density buildings on other local adjacent streets. The Council needs to look at what best fits the community - Council is not achieving this. Plan wont add value to the area. Wrong area for any apartment style development. Communication: Council has been misleading in its communication to the community. Rezoning: Rezoning process was not transparent - community is objecting but only after it is late in the process. Open space: No open space requirement until community raised the issue. DISCUSSION Matters raised in the submission have been considered: Planning and development outcomes Council has consistently expressed its objectives in purchasing the school sites. The primary objective was to gain ownership of important community infrastructure that would otherwise have been lost had the sites been sold directly to property developers. The secondary objective was to ensure that Council was able to lead local planning outcomes and ensure that residential development on the sites was appropriate given the context and character of each neighbourhood. While rezoning of the Land will support increased density, Council has committed to good design outcomes as being a key priority. It has sought to ensure this through Development Guidelines. It is important to consider that any development will still need to be assessed on its merits via planning permit application processes. 4.2 Place Sustainable Amenity and Built Environment PROPOSED SALE OF 52 HAIG STREET, HEIDELBERG HEIGHTS (FORMER HAIG STREET PRIMARY SCHOOL SITE) contd Ordinary Meeting of Council - 14 April 2014 Page 30 At its meeting of 16 December 2013 Council resolved that new dwellings immediately abutting existing houses in Haig and Bonar Street would be limited to two storeys; that work occurs on traffic management options in streets surrounding the redevelopment, including Bonar, Monash, Law and Alfred Streets; and that beautification and traffic calming be considered in front of the Haig Street shops. Communication Councils ownership of the Land and commitment to planning for appropriate residential development on the sites means that not only will it guide future development but will also ensure that public consultation is undertaken in accordance with the Planning Scheme. Council had already undertaken extensive community consultation before adopting a 2012 Neighbourhood Character Strategy and implementing its Housing Strategy in 2013. In line with these strategies, the Haig Street school site has, for some time, been identified as a strategic redevelopment site within an accessible area that provides opportunities for town house and other medium density housing. Since purchasing the school sites in August 2013, Council has sought to inform the local residents of the potential for development on the Haig Street site, through a letter drop in August and two community information sessions that were completed in October. Council has also placed information on its website to increase the accessibility of information available to the community. Rezoning The planning amendment process allows for changes to the planning scheme that involve the removal of redundant planning provisions. In its application to the Minister for Planning in June 2013, Banyule Council requested the rezoning of the former school sites from Public Use Zone (PUZ-Education) to Residential Growth Zone (RGZ). Amendment C96 which removed the redundant planning provisions and allowed the site to be used and developed for residential purposes was approved by the Minister on 19 December 2013. The Residential Growth Zone now applies to the Haig Street site. It is a zoning that is suitable for infill strategic redevelopment sites such as the former school sites. It provides flexibility for Council to consider a range of housing outcomes, such as town houses and other medium density housing. The new zone is in line with the new suite of residential zones being introduced to all Planning Schemes. Open space Council has listened to community concerns in relation to the provisioning of open space and at its meeting of 16 December, Council committed to providing an area of 2,400m of new green space on the Haig Street site. CONCLUSION Having considered future land uses and complied with its obligations to give public notice of its intention to sell the Land, Council must now properly consider the submission received and hear the submitter that has requested to be heard before a meeting of Council. 4.2Place Sustainable Amenity and Built Environment PROPOSED SALE OF 52 HAIG STREET, HEIDELBERG HEIGHTS (FORMER HAIG STREET PRIMARY SCHOOL SITE) contd Ordinary Meeting of Council - 14 April 2014 Page 31 Having regard to the issues raised, it is considered that the proposal to sell the Land should be supported subject to such terms and conditions reasonably agreed between Council and any proposed purchaser. RECOMMENDATION That Council: 1. Having considered submissions and complied with the provisions of Section 189 of the Local Government Act 1989 by giving public notice of Councils intention to sell the Council owned land known as 52 Haig Street, Heidelberg Heights now directs that the Land can be sold to a prospective purchaser to be determined after evaluation of the tenders received through the Request for Tender (RFT) process. 2. Write to the submitter advising of the decision and the reasons for the decision. ATTACHMENTS Nil 4.3Place Sustainable Amenity and Built Environment Ordinary Meeting of Council - 14 April 2014 Page 32 4.3 210, 214-216 BURGUNDY STREET, HEIDELBERG Author: Nick Helliwell - Major Developments Planner, City Development Ward: Griffin File: P1009/2008 Pt 5 SUMMARY The proposal seeks to increase the level of medical service provision at Warringal Hospital. It is proposed to increase the floor area of an approved five storey medical services building (currently under construction) by building three additional levels on top of the approved building to provide a structure with a maximum height of eight storeys, including a roof top plant and equipment level. Part of the seventh floor of the building will project above the 25 metre preferred height for this part of the Heidelberg Specialised and Major Activity Centre with all of the plant and equipment level with further project above this height. Relocation of the car park entry to the eastern side of this building is also proposed. A new port cochere entry to southern side of the building from Barkly Place with four operating theatres in the canopy structure above, reduction of on-site car parking provision and erection of internally illuminated signage is also proposed. Planning Permit Application: P1009/08 Development Planner: Nick Helliwell Address: 210, 214-216 Burgundy Street, Heidelberg Proposal: Amendment of Planning Permit P1009/2008 for Buildings and works associated with a multi-level addition to an existing hospital (including 62 additional beds and car parking) to increase building height by three storeys (including plant level), extension and external alteration to provide additional medical facilities (including a further 65 additional beds), relocation of car park entry to eastern side of building, new driveway and access to building entry, reduction of on site car parking provision and erection of signage Existing Use/Development: Hospital Applicant: Ramsay Health Care Zoning: Special Use Schedule 3 Residential and Medical Services Precinct Overlays: Vegetation Protection Schedule 5 and Design and Development Schedule 5 Notification (Advertising): Notice in the Heidelberg Leader, mail to abutting and opposite land owners/occupiers and three notices on the site, two at the front and one at the rear Objections Received: Eight 4.3Place Sustainable Amenity and Built Environment 210, 214-216 BURGUNDY STREET, HEIDELBERG contd Ordinary Meeting of Council - 14 April 2014 Page 33 Ward: Griffin Warringal Private Hospital is an acute medical/surgical facility with 150 beds. A number of major services are provided including cancer care, cardiology and oncology. The approved building that is proposed to be increased in height is currently under construction is five storey in height (one storey contains two split levels of parking so that the building appears as 6 storeys from the east) and maximum height of 24.3 metres, including the roof top plant and equipment buildings. The building has been engineered to accommodate the additional works, should these be considered to be acceptable. The vertical plane of the walls of the approved building will be extended up two floors on the northern, southern and western sides and stepped in from the floor levels below up to 12.9 metres on the eastern side. The plant room structure on the roof will be set in 1.9 metres from the northern wall of the level below, 2.7 metres in from the eastern wall and 3.1 metres in from the southern wall. The ground level of the site over the footprint of the building falls from west to east by some 6.5 metres. The built form of both the roof top plant and the upper two floor levels steps down the slope of the land with the proposed works having a maximum height of 33.7 metres when taken from the lowest point of the land (the southern elevation) to the highest point in the building (the rooftop plant and equipment). The maximum height of the approved building will therefore be increased by up to approximately 9.4 metres. The architecture of the additional floor levels echoes that of the approved structure and is contemporary, utilising a predominantly glazed, concrete and coloured alucabond panel finishes to the main building elevations and colourbond for the roof top plant and equipment. The additional two levels to the approved building currently under construction would primarily provide further space to increase the number of patient beds by 65. The proposed enlargement of the operating theatre in the southern wing of the existing medical centre will provide an additional four theatres. This extension comprises a three storey structure which would extend forward of the existing Barkly Place building faade to provide a port cochere at the ground level main pedestrian entry to the building with the new operating theatres accommodated in the canopy structure above. The structure will be flat roofed and faced with alucabond panels punctuated with horizontal high level windows on the faade. Some landscaping removal is required to facilitate these arrangements. The proposal would also modify the existing vehicle access arrangement to the basement car park of the building currently under construction by providing an additional access/egress to the car park from the east. This will be accessible from either Barkly Place or Stradbroke Avenue. One on site car parking space (surplus under planning permit P1009/2008) is proposed to service the development. No additional on site car parking is proposed and a reduction of 83 on site car parking spaces is therefore sought. 4.3 Place Sustainable Amenity and Built Environment 210, 214-216 BURGUNDY STREET, HEIDELBERG contd Ordinary Meeting of Council - 14 April 2014 Page 34 An internally illuminated sign is proposed on the southern elevation facing Burgundy Street of the upper level of the proposed ward building. Similarly, a further two internally illuminated signs are proposed on the southern elevation of the Port Cochere/operating theatre extension. A copy of the advertised plans comprise Attachment 1 to this report. 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. BACKGROUND/HISTORY Warringal Private Hospital was constructed in 1976 and has undergone a number of extensions and renovations over the years. The multi-storey building to which part of this application relates was issued with a Notice of Decision to Grant a Permit by Council at P1009/2008 in December 2009. This decision was subject to a Third Party Review at the Victorian Civil and Administrative Tribunal subsequent to which the Tribunal ordered that a planning permit be issued. SUBJECT SITE AND SURROUNDING AREA The subject site is located on the northern side of Burgundy Street with access provided from Barkly Place. The site is L shaped and comprises three land parcels that collectively form the hospital complex. The approved building currently under construction is located in the north-eastern corner of the site above the existing hospital car park. The site of the building under construction falls by some 6.5 metres from west to east. Figure 1 Aerial photograph of the site and surrounding area 4.3Place Sustainable Amenity and Built Environment 210, 214-216 BURGUNDY STREET, HEIDELBERG contd Ordinary Meeting of Council - 14 April 2014 Page 35 The surrounding area has a mixed character which is in the process of undergoing change. To the immediate north of the building currently under construction is a park called Service Reserve with Heidelberg Bowling Club located to the east. The southern and western sides of the building are flanked by additional existing hospital buildings. To the south of the site on the opposite side of Burgundy Street are the Austin and Mercy Hospitals. PUBLIC NOTIFICATION Notice of the proposal was placed in one edition of the Heidelberg Leader, abutting and opposite land owners/occupiers were notified by post and three site notices were displayed on the property, two at the front and one at the rear. Eight objections were received on the grounds of: Visual impact/loss of view Overshadowing Noise Light spill Increased traffic Lack of car parking Overlooking and loss of privacy Impact on adjacent parkland Loss of light to adjacent medical suites Use of Bowling Club land for access Use of common property of 214 Burgundy Street A public consultation meeting was held between the objectors and the permit applicant which was also attended by officers, the Mayor and the Ward Councillor. A car parking meeting was also held with the permit applicant to discuss the proposed reduction in on site car parking which was also attended by officers and the Ward Councillor. REFERRAL COMMENTS No referral to external Referral Authorities was required in this instance. Councils Transport Section has advised that whilst there is no set car parking rate for a hospital under Clause 52.06 Car Parking of the Banyule Planning Scheme, a car parking rate of 1.3 spaces per bed is appropriate (based on the former statutory rate that was in the Scheme but removed under State wide Amendment VC90 in 2012). This generates a parking requirement of 84 spaces with a subsequent shortfall of 83 spaces due to a current car parking excess of one space. Due to the lack of both short and long term car parking availability within the area, Councils Transport Sectiondo not support the shortfall of proposed car parking. The car parking design and access arrangements have been assessed as being acceptable and in accordance with Clause 52.06 Car parking, of the Banyule Planning Scheme. No concerns have been raised with the additional traffic generation associated with the proposal. 4.3 Place Sustainable Amenity and Built Environment 210, 214-216 BURGUNDY STREET, HEIDELBERG contd Ordinary Meeting of Council - 14 April 2014 Page 36 PLANNING CONTROLS The key planning controls considered in the assessment of this application are summarised in Table 1 below with further detail provided in Attachment 2. Table 1 Planning Controls Zone Clause 37.01 Special Use - Schedule 3 Overlay Clause 42.02 Vegetation Protection Schedule 5 Clause 43.02 Design and Development Schedule 5 State Planning Policy Clause 11.01 Activity Centres Clause 11.01-2 Activity Centre Planning Clause 11.02-1 Supply of Urban Land Clause 15 Built Environment and Heritage Clause 15.01-4 Design For Safety Clause 17 Economic Development Clause 19.02-1 Health Facilities Local Planning Policy Clause 21.02 - Vision and Strategic Framework Clause 21.04 Land Use Clause 21.06 Built Environment Clause 21.07 - Transport and Infrastructure Clause 21.08 Local Places Clause 22.01 Outdoor Advertising Clause 22.03 Safer Design Particular Provisions Clause 52.05 Advertising Signs Clause 52.06 Car Parking Clause 52.34 Bicycle Facilities TECHNICAL CONSIDERATION The proposed two additional floor levels (plus plant above) to the multi-storey building will provide additional patient beds and improve the level of medical service provision that can be delivered by the hospital. This is consistent with the strategic vision for the continued development and growth of a medical services precinct in this area. The proposal has broad strategic support at a State level by integrating health facilities with local and regional communities and at a more local level through the land use and economic objectives envisaged within the Heidelberg Specialised and Major Activity Centre and the Heidelberg Precinct Structure Plan, however, the proposal must also meet the visual and built form outcomes envisaged for the precinct. Following is a discussion of the key considerations relating to the proposal. 4.3Place Sustainable Amenity and Built Environment 210, 214-216 BURGUNDY STREET, HEIDELBERG contd Ordinary Meeting of Council - 14 April 2014 Page 37 HEIGHT AND BUILT FORM At the time this building was initially approved, the present Design and Development Overlay was subject to Amendment C60 and was not a statutory provision of the Planning Scheme. The provisions of the Amendment as they relate to the current proposal were subsequently incorporated into the Planning Scheme under the Overlay. When the original building was considered by both Council and VCAT, the provisions of Amendment C60 were considered. Only one setback requirement is relevant to the multi-storey building and this is the northern building setback to Service Reserve. Whilst not having a 1.5 metre setback above the 10 metre podium height up to a height of 16 metres, both Council and Tribunal considered the building met the objectives of the proposed Overlay. The proposed building setbacks of the additional upper levels exceed the preferred minimum setback standards under the Overlay. This is due to the additional floor levels now proposed being above the 16 metre height and subsequently requiring no additional northern boundary setback under the Overlay. A setback of 2.2 to 3 metres is nevertheless provided. The proposed increase in building height (including plant and roof top equipment) will be a maximum 8.68 metres above the preferred building height of 25 metres. In considering the appropriateness of the height sought above the Heidelberg Structure Plan, Council has recently considered this issue in relation to neighbouring land at 10 Martin Street and the following discussion regarding height was also made in that report. This discussion is restated given the similarity of the height variation and the context of the subject site. Council should consider the broad urban design objectives set out in the State Planning Policy Framework as well as the decision guidelines and the design objectives of the Design and Development Overlays - Schedule 5, which guide development outcomes in the Heidelberg Specialised and Major Activity Centre: The additional height is appropriate having regard to the broad urban design principles set out in Clause 15.01-2 of the Banyule Planning Scheme which require consideration of urban design principles including context, landmarks, views and vistas. The scale of the surrounding context is an important consideration and it is felt that the additional levels will sit comfortably in the context of nearby, large scale development such as the Austin Hospital. It is also noted that since the introduction of the Design and Development Overlay, new developments such as the Austin car park and high rise development in Martin Street have been commenced or completed and a reasonable transition is achieved with respect to the additional height now sought and this emerging context. The context for this site is different to that of other areas within the activity centre where it may not be appropriate to consider heights above those preferred in the structure plan. Each proposal needs to be considered on its merits. The additional levels are considered appropriate with respect to the decision guidelines of the Design and Development Overlay (Schedule 5). In particular, it is considered that the proposed scale respects surrounding development and also supports a preferred intensity of use. Furthermore, natural light opportunities for adjoining buildings and uses are not impacted due to the siting and configuration of the building and nature of the surrounding commercial/medical and recreational uses. 4.3 Place Sustainable Amenity and Built Environment 210, 214-216 BURGUNDY STREET, HEIDELBERG contd Ordinary Meeting of Council - 14 April 2014 Page 38 Clause 2.0 of the Overlay sets out that if a proposal does not meet the standard in relation to height, it must be demonstrated that a proposal meets the design objectives of the Overlay. A high level of compliance against the design objectives of the Design and Development Overlays - Schedule 5, is considered to be achieved as the proposal: o Provides a high quality, modern building that makes a positive contribution to this evolving medical precinct. o Is respectful of the preferred scale and character of the Heidelberg Activity Centre. o Is not within the view shed area identified for view protection within the Heidelberg Structure Plan. o Incorporates a combination of articulation, materials and colours to create visual interest. o Provides passive surveillance to the streetscape and other public areas. o Maintains sunlight and daylight access to adjoining private open spaces of dwellings in accordance with Clause 55 (ResCode). o Locates windows to minimise the potential for overlooking in accordance with Clause 55. It is also important to consider the purpose of the Special Use Zone of protecting the amenity of patients and residents within and around this precinct. In this regard, the proposed height increase will maintain the amenity of peripheral residential and other sensitive uses. This is achieved through overlooking of neighbouring residential land within 9 metres being constrained due to the height of the additional level, the use of the building itself for patient care and the design and configuration of the additional levels in relation to adjoining residential land to the north. FRONT SETBACK The proposed enlargement of the operating theatre in the southern wing of the existing medical centre will provide an additional four theatres. This extension comprises a two storey structure which would extend forward of the existing Barkly Place building faade to provide a port cochere at the ground level main pedestrian entry to the building with the new operating theatres accommodated in the canopy structure above. Some landscaping and tree removal is required to facilitate these arrangements although none of the trees require planning permission for removal. The structure has a height range of between 10.5 metres and 13.2 metres. The proposed height varies due to the slope of the land and for buildings above 10 metres, a 1.5 metre setback is preferred under the Design and Development Overlay. A further variation to the Design and Development Overlay setback requirements is also sought for the height above 10 metres within the required 1.5 metre setback. The structure is to accommodate operating theatres and has been designed to accommodate existing and emerging technologies which have dictated the building height. This is an important consideration to ensure that the long term functionality and flexible use of the proposed operating theatres. The design of the port cochere will assist in reinforcing the legibility of the main patient entry to the facility and improve patient delivery and collection facilities by providing direct covered vehicle access to the building. 4.3Place Sustainable Amenity and Built Environment 210, 214-216 BURGUNDY STREET, HEIDELBERG contd Ordinary Meeting of Council - 14 April 2014 Page 39 The scale of the structure is considered to integrate well with the main hospital building and will also add visual interest and detail to this elevation and enhance the presentation of the hospital to Barkly Place. Existing mature tree planting within the Barkly Place/Burgundy Street road reserve will further assist in softening views of the building. Some small scale landscaping opportunities will be provided within the port cochere to soften the entry and driveway feature as viewed from the street and a landscaping plan will be required as a condition of permit. ADVERTISING SIGNAGE The siting and configuration of the proposed advertising signage is considered to have been designed as an integral part of the architecture of the proposed building extensions and is considered to be in keeping with the character of the hospital complex and the broader character of the medical precinct. Signage has been positioned to face Burgundy Street which is the focal point of the public presentation of the building. This will minimise potential impacts upon residential areas located beyond the site to the north. It is therefore considered that the three proposed internally illuminated signs are an acceptable response. NOISE Potential noise from roof top plant and equipment on commercial buildings within activity centres can sometimes be an issue for residents on the periphery of such centres. Conditions can be attached to the proposal which require compliance with specific noise levels and this will be required in this instance. CAR PARKING Councils Transport Section have assessed that the proposal generates a car parking requirement of 84 on site car parking spaces and with a current car parking surplus of one space, the proposal generates a car parking shortfall of 83 on site car parking spaces. No additional space is currently available on the site for the provision of additional car parking to service the proposed increased number of beds. Due to the lack of both short and long term car parking availability within the area, Councils Transport Section do not support the shortfall of proposed car parking. This concern has been discussed with the permit applicant and Councillors and it has been agreed that this shortfall in car parking should be provided within the Heidelberg Activity Centre close to the subject site prior to the commencement of the use of the additional 65 beds. This requirement can be a condition of permit and is to be required through a Section 173 Legal Agreement which will be registered on the Certificate of Title to the land. This agreement will require the provision of a minimum of 83 car parking spaces and associated landscaping within the Heidelberg Activity Centre close to the subject site and prior to the commencement of the use of the additional 65 beds sought under this application. 4.3 Place Sustainable Amenity and Built Environment 210, 214-216 BURGUNDY STREET, HEIDELBERG contd Ordinary Meeting of Council - 14 April 2014 Page 40 ACCESS Access to the site currently occurs from Barkly Place. This is proposed to be improved through the provision of new ingress to Barkly Place and egress to Stradbroke Avenue, resulting in a redistribution of hospital traffic. In particular the proposed changes are expected to result in a large proportion of departing traffic egressing directly to Stradbroke Avenue, further north of its intersection with Barkly Place. Councils traffic engineers have reviewed this arrangement and have not raised any concerns. It is therefore considered that the proposed access arrangements are acceptable and would not result in unreasonable amenity impacts in this locality. OBJECTORS CONCERNS The following additional concern has been raised that requires some discussion. Overshadowing Shadow diagrams have been prepared in support of the application and formed part of the package of documentation available for public review. These diagrams indicate that the proposed additional floor levels on the multi-storey building will not result in any overshadowing of neighbouring residential property or Service Reserve. These diagrams demonstrate that some overshadowing of medical suites to the south and west of the multi-storey building will be increased as a result of the proposal, as will the extent of overshadowing of one of the greens at the bowling club in the latter part of the afternoon at the Equinox. Any increase in potential overshadowing of medical suites or recreational facilities is unfortunate, noting that such uses are not afforded the same level of protection under the Overlay as a residential use. It is therefore considered that the additional overshadowing that would result from the proposed amendment is acceptable. Use of Bowling Club land for access and common property of 214 Burgundy Street Use of bowling club land to the east to provide alternative access/egress to the basement car park and use of a narrow sliver of common property to the south of the multi-storey building to provide part of a stairwell is subject to the agreement of the landowners and beneficiaries of the common property. This can reasonably be achieved and is not an impediment to the consideration of the planning permit. CONCLUSION For the reasons outlined above the proposal is considered acceptable and it is recommended that a Notice of Decision to Grant an Amended Permit be issued subject to the additional permit conditions specified. 4.3Place Sustainable Amenity and Built Environment 210, 214-216 BURGUNDY STREET, HEIDELBERG contd Ordinary Meeting of Council - 14 April 2014 Page 41 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 an Amended Planning Permit be issued in respect of Application No. P1009/2008 to enable the endorsement of amended plans generally in accordance with the advertised plans received by Council on 22 November 2013 for Amendment of Planning Permit P1009/2008 for Buildings and works associated with a multi-level addition to an existing hospital (including 62 additional beds and car parking) to increase building height by three storeys (including plant level), extension and external alteration to provide additional medical facilities (including a further 65 additional beds), relocation of car park entry to eastern side of building, new driveway and access to building entry, reduction of on site car parking provision and erection of internally illuminated signage at 210 and 214 216 Burgundy Street, Heidelberg, subject to the following additional conditions to those already forming part of the permit: Section 173 Agreement Unless otherwise agreed in writing by the Responsible Authority, before the commencement of the works permitted by this amended permit commences, the owner of the land at 216 Burgundy Street, Heidelberg must enter into an agreement with the Responsible Authority pursuant to Section 173 of the Planning and Environment Act 1987 to the satisfaction of the Responsible Authority and such agreement shall require that: (a) Unless otherwise agreed in writing by the Responsible Authority, a minimum of 83 additional car parking spaces and associated landscaping are to be provided by the owner/permit holder within the Heidelberg Activity Centre close to the subject site prior to the commencement of the use (provision of an additional 65 beds approved under amendment to Permit P1009/2008). A memorandum of the Agreement is to be entered on title and the cost of the preparation and execution of the Agreement and entry of the memorandum on title is to be paid by the owner. Landscaping Plan The development permitted by this permit must not be commenced until a satisfactory detailed landscaping plan is submitted to and approved by the Responsible Authority. Such plan must be prepared by a person suitably qualified or experienced in landscape design and shall include: (a) Details of planting within and adjacent to the Barkly Place port cochere; (b) The identification of existing vegetation (which is not intended to be removed), and nomination of vegetation for removal within this area; (c) Provision of formed garden beds with edging around the landscape zone within the front setback to prevent cars parking within those areas (d) Planting adjacent to driveways and within landscaping zones to consist of varying heights and species; (e) An indigenous and/or drought tolerant planting theme; 4.3 Place Sustainable Amenity and Built Environment 210, 214-216 BURGUNDY STREET, HEIDELBERG contd Ordinary Meeting of Council - 14 April 2014 Page 42 (f) A schedule of all proposed trees, shrubs and ground cover, which includes the location and size at maturity of all plants, the botanical names of such plants and the location of all areas to be covered by grass, lawn or other surface material as specified; (i) Location and details of paving, steps, retaining walls, fence design details and other landscape works including cut and fill. Amenity Noise emissions from any equipment required for refrigeration, air-conditioning, heating, ventilation and the like must comply with State Environment Protection Policy (Control of Noise from Commerce, Industry and Trade) No. N-1 to the satisfaction of the Responsible Authority. ATTACHMENTS No. Title Page 1 Advertised Plans 79 2 Planning Controls 99 4.4Place Sustainable Amenity and Built Environment Ordinary Meeting of Council - 14 April 2014 Page 43 4.4 33-35 ELWERS STREET, WATONIA NORTH - PROPOSED SALE OF LAND Author: Daniel Kollmorgen - Acting Manager Strategic & Economic Development, City Development Ward: Grimshaw File: F2013/1096 SUMMARY To consider submissions and determine whether or not to sell part of the Council-owned land known as 33-35 Elwers Street, Watsonia North. BACKGROUND At its meeting on 3 February 2014 (CO2014/5) Council resolved that the Council-owned land known as 33-35 Elwers Street, Watsonia North was surplus to Councils and the communitys needs. A summary of 33-35 Elwers Street, Watsonia North prior to subdivision into separate parcels has been prepared and is included in Attachment 1. The summary includes: an aerial plan; the history of the site; planning controls; current site constraints and encumbrances. TECHNICAL CONSIDERATION ZONING The subject site is included within the Residential 1 Zone (R1Z). The purpose of the Residential 1 Zone is: To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To provide for residential development at a range of densities with a variety of dwellings to meet the housing needs of all households. To encourage residential development that respects the neighbourhood character. In appropriate locations, to allow educational, recreational, religious, community and a limited range of other non-residential uses to serve local community needs. 4.4 Place Sustainable Amenity and Built Environment 33-35 ELWERS STREET, WATONIA NORTH - PROPOSED SALE OF LAND contd Ordinary Meeting of Council - 14 April 2014 Page 44 LEGAL CONSIDERATION STATUTORY PROCEDURES LOCAL GOVERNMENT ACT 1989 PUBLIC NOTICE In accordance with Section 189 of the Local Government Act 1989 (the Act) public notice of Councils intention to sell the subject land was given in the Diamond Valley Leader on 12 February 2014. Submissions on the proposal were invited from members of the public in accordance with Section 223 of that Act. The submission period closed on 12 March 2014. Submissions Received One (1) submission was received objecting to the sale of 33-35 Elwers Street, Watsonia North. The issues raised in the submission are summarised in Table 1 below. Table 1: Summary of Submission # Issue Comment 1 Whilst the sale will provide financial gain to the Council this is only enjoyed short term. Its the local residents who miss out on open spaces and family friendly areas. Retention of the land for open space would be inconsistent with our Open Space Strategy due to its low level of use and there are other places that serve the community better for this purpose. 2 Parents use the land as a thoroughfare through to the preschool. They enjoy the surroundings and children play before and after preschool. A strip of land 3.63 metres wide connecting to the existing path besides the preschool has been subdivided to allow connection between Macorna Street and Elwers Street. There are playground facilities within a relatively short distance to the site including Hakea Reserve and Binnak Park, both of which are within 400 metres. 3 More young people are moving into the area which will subsequently mean more children and any increase in traffic volume is a great concern. The increase of traffic in the area from the development of 33-35 Elwers Street is considered to have a negligible impact on the road safety of the area. 4 Concern the narrow walkway proposed will become a haven for undesirable activity and graffiti. The connection will need to be treated to manage possible concealment spot. Signage of the connection will tend to formalise the link allowing greater patronage and natural surveillance. Regular maintenance will be required. 4.4Place Sustainable Amenity and Built Environment 33-35 ELWERS STREET, WATONIA NORTH - PROPOSED SALE OF LAND contd Ordinary Meeting of Council - 14 April 2014 Page 45 VALUATION A valuation will soon be obtained in accordance with the provisions of the Local Government Act 1989. The valuation will remain commercial in confidence until after the subject land has been sold. POLICY IMPLICATIONS OPEN SPACE STRATEGY The Banyule City Council Open Space Strategy 2007-2012 provides guidance for the disposal of open space. It states that consideration should be given to disposing of Council land classified as open space where it cannot service the community effectively as viable public open space where one or more of the following reasons exist: Lack of size; Inappropriate topography, eg. steep, swampy etc; Poor access to the site; Poor location and orientation from a community safety perspective, eg. lack of natural surveillance, etc; Low levels of community use; Unreasonably difficult and/or costly to maintain. Discussion Despite the fact the subject site is located within the Residential 1 Zone (R1Z), the site was nevertheless assessed against the Open Space Strategy. Retention of the land for open space would be inconsistent with Councils Open Space Strategy due to its low level of use, lack of size and considering there are other local places that serve the community better for this purpose. 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 (Guidelines) provide that the sale of Council-owned land should be conducted through a public process, unless circumstances justify an alternative method of sale. Any sale of Council 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. FUNDING IMPLICATIONS The subject site is zoned residential (R1Z) and is not reserve on title. As such there are no funding implications under section 20 of the Subdivision Act. CONCLUSION The proposal to sell the subject land has been considered having regard to current and potential future uses, the Guidelines and the Open Space Strategy. 4.4 Place Sustainable Amenity and Built Environment 33-35 ELWERS STREET, WATONIA NORTH - PROPOSED SALE OF LAND contd Ordinary Meeting of Council - 14 April 2014 Page 46 A connection between Macorna Street and Elwers Street has been provided for by subdividing the land and retaining a 3.63m wide strip of land for municipal purposes. There appears to be no strategic or long term purpose for retaining ownership of the subject land. It does not fulfil any useful Council or community function nor does it support best practice service delivery. For all intents and purposes the subject land is a stand-alone residential allotment. The sale of the subject land will release a significant amount of capital for Council and will reduce its maintenance costs. The proposal to sell the subject land is consistent with the Open Space Strategy. RECOMMENDATION That: 1. Having considered the submission received and, having complied with the provisions of Section 189 and Section 223 of the Local Government Act 1989, by giving public notice of Councils intention to sell lot 1 & 2 on PS718674R and being of the opinion that the subject land is surplus to Councils and the communitys needs for the following reasons: a. the subject land is included in the Residential 1 Zone (R1Z) under the Banyule Planning scheme; b. the subject land cannot service the community effectively as viable open space due to: Lack of size Low levels of community use; c. the disposal of the land is consistent with the Banyule City Council Public Open Space Strategy 2007-2012; Council now request that a valuation be obtained and that the subject land be sold at public auction as two separate lots. 2. Council write to the submitter advising of Councils decision and the reason for the decision. 3. The necessary documentation to effect the sale and transfer of the subject land be signed and sealed at the appropriate time. ATTACHMENTS No. Title Page 1 Property Summary - 33-35 Elwers Street, Watsonia North 106 4.5Place Sustainable Amenity and Built Environment Ordinary Meeting of Council - 14 April 2014 Page 47 4.5 NOTICE OF INTENTION TO DECLARE A SPECIAL CHARGE - HEIDELBERG CENTRAL PRECINCT Author: Nicole Maslin - Economic Development Officer, City Development Ward: Griffin File: F2014/300 SUMMARY To commence the statutory procedures under the Local Government Act 1989 to declare, by way of renewal, a Special Charge Scheme for the Heidelberg Central Shopping Precinct. OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 requires members of Council staff and persons engaged under a contract to provide advice or a report to a meeting of the Council to disclose any direct or indirect interest in a matter to which the advice or the report relates, and must do so before the advice or report is considered by the Council. Council officers involved in the preparation of this report have no conflict of interest in this matter. CITY PLAN This report is in line with Councils City Plan key direction (3.3) to support thriving commercial and retail activity. BACKGROUND Council has received a written request from the Heidelberg Central Traders Association (Traders Association) to reintroduce a Special Charge Scheme (Special Charge or Scheme) for the Heidelberg Central Shopping Precinct (Heidelberg Central or Precinct). The Scheme is to operate over a seven year period, commencing on 1 July 2014 and ending on 30 June 2021 (refer Attachment 1). A special charge scheme has operated at Heidelberg Central since 1988. The current special charge scheme is due to expire on 30 June 2014. The current special charge scheme raises approximately $85,710 per annum. Council has provided a contribution of $88,797 in each year of the current scheme to provide a total annual budget of $174,507. This amount (as a combined sum) has been used for the purposes of marketing, business development and beautification of the Precinct. The Local Government Act 1989 enables Council to levy a Special Charge on properties within a defined area if it considers that the land in that area will receive a special benefit from the expenditure of the funds raised in accordance with the functions of Council. 4.5 Place Sustainable Amenity and Built Environment NOTICE OF INTENTION TO DECLARE A SPECIAL CHARGE - HEIDELBERG CENTRAL PRECINCT contd Ordinary Meeting of Council - 14 April 2014 Page 48 HUMAN RIGHTS CHARTER In developing this report to Council, the subject matter has been considered to determine if it raises any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited, restricted or interfered with by the recommendations contained in this report. It is considered that the subject matter does not raise any human rights issues. PROPOSED SPECIAL CHARGE The implementation of The Heidelberg Central Shopping Precinct Business Plan is part of an initiative by which the Council encourages commerce, retail and professional activity and employment in the wider Heidelberg Central shopping district. The area known as Heidelberg Central is a defined area that is based on an analysis of the zoning structure under the Banyule Planning Scheme and an assessment of the current and potential land use for commercial, retail and professional purposes. These premises are identified in the listing of the properties forming a part of the proposed declaration of Special Charge (refer Attachment 2). In order to raise $99,300 per annum, the proposed Special Charge Scheme will, amongst other criteria set out in this report, be structured based on whether the properties are located in a primary, secondary or tertiary special benefit area. The inclusion of properties in each benefit area on the basis proposed is considered to equitably reflect different levels of special benefit applying to each of the properties in each of the areas and also to reflect a basis of distribution of the Special Charge that is fair and reasonable amongst all of the persons who are liable or required to pay the Special Charge, having regard to the nature and characteristics of the properties and businesses included in each of the three areas. Note that only properties with a commercial, retail or professional use are included within the Scheme; properties with a residential use are not included. Properties included in the Scheme that are located on and fronting Burgundy Street at ground level will be levied a Special Charge of $552 per annum as those properties are located in the primary special benefit area. Properties included in the Scheme that are located in adjoining side streets and also those properties being on the first floor and above of Burgundy Street will be levied a Special Charge of $276 per annum as those properties are located in the secondary special benefit area. Lastly, properties included in the Scheme that are located in the Warringal Shopping Centre will be levied a Special Charge of $223 per annum as those properties are located in the tertiary special benefit area. The amounts set out in the preceding paragraph will be levied in each year for a period of seven years, commencing on 1 July 2014. Further, these levy amounts are the same levy amounts as those levied for each special benefit area in the current special charge scheme, which expires in June 2014. There is accordingly no increase in Special Charge levy amounts proposed over the next seven year period. 4.5Place Sustainable Amenity and Built Environment NOTICE OF INTENTION TO DECLARE A SPECIAL CHARGE - HEIDELBERG CENTRAL PRECINCT contd Ordinary Meeting of Council - 14 April 2014 Page 49 A listing of the properties that are proposed to be included in the Scheme, showing whether the property is located in a primary, secondary or tertiary special benefit area and the respective amounts payable per property, forms a part of the proposed declaration of Special Charge (refer Attachment 2). The Traders Association must adhere to the conditions provided in its funding agreement to ensure that, at all times, it is acting in accordance with the legal requirements for expenditure of the Special Charge. The funding agreement must be renewed as a precondition to any Special Charge payments being made to the Traders Association. The services to be provided from the proceeds of the Special Charge relate to the appointment of a professional part time marketing coordinator, promotions, advertising, marketing and other incidental purposes associated with the encouragement of commerce, retail and professional activity and employment in the Heidelberg Central Shopping Precinct. These services will only provide a special benefit to the owners and the occupiers of the land and the commercial and business properties located in the Scheme area. For this reason, the whole of the proposed Special Charge will be levied against the retail, commercial and professional business properties located in the Scheme area. It is considered that there are no other special benefits or community benefits arising from the proposed Special Charge. LEGAL CONSIDERATIONS Council requires the Traders Association (an incorporated association) to have a high level of financial and management accountability of funds. This includes certain requirements identified in the funding agreement and documentation that must be submitted to Council, including quarterly reports, an annual plan, a budget and an audited financial report at the conclusion of each financial year. Council will ensure that, under the funding agreement, the proceeds of the Special Charge are expended by the Traders Association on behalf of Council, administratively only. Council is and remains, legally responsible for approving, directing and controlling the expenditure of the proceeds of the Special Charge in accordance with its obligations under the Local Government Act 1989. FUNDING IMPLICATIONS The Traders Association has requested, and Council officers agree, that the proposed Scheme remain identical to the current Scheme (in that the amounts levied by Council under the proposed Scheme are not to change). Based on the 272 rateable assessments included in the Scheme, the Special Charge will raise an amount of $99,300 in each year for a period of seven years, providing a total Special Charge levy of $695,100 over the seven year period of the Scheme. The current scheme collects from each rateable assessment in each year amounts of either $552, $276 or $223 depending on the location of the property within the Precinct and the classification of those properties as receiving a primary, secondary or tertiary special benefit raising an amount of $85,710 in each year. The increase in the total levy in each year for the proposed Scheme as compared to the current 2007-2014 scheme is due to the increase in the number of rateable assessments included. The number has increased as a result of new developments (40 Burgundy Street) and some additional subdivisions of properties in the Precinct. 4.5 Place Sustainable Amenity and Built Environment NOTICE OF INTENTION TO DECLARE A SPECIAL CHARGE - HEIDELBERG CENTRAL PRECINCT contd Ordinary Meeting of Council - 14 April 2014 Page 50 There is a strong expectation from the traders and the business operators located in Heidelberg Central that Council will continue, as Council has done in the previous scheme between 2007 and 2014, to contribute an amount of funds each year to be spent alongside the amount raised from the Special Charge. The funds contributed by Council allow the various shopping strips to address many of the physical development, maintenance and amenity issues that the Special Charge proceeds cannot be expended on. For example, Councils contribution can be used for physical works, maintenance, infrastructure and beautification. This approach to funding ensures a strategic and integrated approach, which addresses not only the marketing of the Precinct, but also the physical and social environment, which is critical to the viability of our retail centres. Councils funding contribution should be capped at the current scheme contribution figure of $88,797. This contribution amount has been included in the 2014-2015 New Works and Services Budget and will continue to be included in the Budget for the next seven years. Accordingly, the total annual budget for the Heidelberg Central Shopping Precinct from 2014 to 2021 will be $188,097 in each year. This is the sum of the proposed Special Charge, being $99,300 and Councils Scheme contribution (equivalent to the 2007-2014 amount), being $88,797. CONSULTATION Councils Economic Development team has been working with the Heidelberg Central Traders Association to assist in reviewing the current program and to develop a draft business plan and plan of activities. The business plan will guide the Precincts business and marketing activities over the next seven years in the event that the proposed Special Charge Scheme is successfully declared. As a part of this process, traders and business operators (as occupiers) and owners of properties included in the Scheme have: Been provided with a survey in order to provide feedback and opinions on past marketing and management activities and suggested activities for the future (refer Attachment 3); Received correspondence from Council informing them of the Traders Associations request to renew the Special Charge Scheme (refer Attachment 4); and Received a Special Charge review document from the Traders Association outlining the history of the current scheme, activities undertaken and proposed activities for the future (refer Attachment 5). The owners and operators will also be invited to attend a workshop on 6 May 2014 to further develop the business plan and make comment on proposed activities for Heidelberg Central. The statutory process under the Local Government Act 1989 that Council is required to comply with in order to declare a special charge scheme also provides the community with a further opportunity to make a submission and/or an objection to the proposal. Council will consider any submissions and take into account any objections in accordance with the Act, prior to making a final decision as to whether or not a Special Charge Scheme will be declared for the Heidelberg Central Shopping Precinct. 4.5Place Sustainable Amenity and Built Environment NOTICE OF INTENTION TO DECLARE A SPECIAL CHARGE - HEIDELBERG CENTRAL PRECINCT contd Ordinary Meeting of Council - 14 April 2014 Page 51 CONCLUSION The proposed Special Charge is a positive local economic development initiative, which will continue to provide resources for an ongoing strategic partnership between Council and the Heidelberg Central Traders Association. It is considered that all of the retail, commercial and professional properties and businesses located in the Heidelberg Central Shopping Precinct will derive a special benefit from the expenditure of the Special Charge proceeds. Further, directly and indirectly, the viability of the Heidelberg Central Shopping Precinct, as a commercial, retail and professional area, will be further enhanced through increased economic activity by: Continued collective marketing and promotion of the Precinct as a whole, which will assist to create a greater awareness and profile of the area, including what it has to offer to the community and its customers; All businesses benefiting from the continuation of a traders association that coordinates the daily management of activities and drives the overall strategic direction with the support of Council; and Enhanced property values and enhanced use, enjoyment and occupation of the properties and overall business goodwill as the Heidelberg Central Shopping Precinct will be considered a more desirable location to conduct business. It is considered further, that the only persons to derive a special benefit from the imposition of the proposed Special Charge are those persons who are liable or required to pay the Special Charge whether they be the owners or the occupiers of the land and the commercial and business properties included in the Scheme area (in circumstances where there are no other special benefits or community benefits accruing from the Special Charge). RECOMMENDATION That Council: 1. Notes the letter received from the Heidelberg Central Traders Association Incorporated (Traders Association) requesting the reintroduction of a Special Charge for the Heidelberg Central Shopping Precinct (Shopping Precinct) and the initial letter sent by Council to the owners and the occupiers of the properties included in the Shopping Precinct proposing the reintroduction of a Special Charge in the form of the attachments to this resolution (being Attachments 1 and 4 respectively) and, having otherwise considered all relevant matters, commences the statutory process under the Local Government Act 1989 (Act) to reintroduce a Special Charge to and for the properties within the defined Shopping Precinct, such Special Charge to raise an amount of $99,300 per annum for a period of seven years, commencing on 1 July 2014 and ending on 30 June 2021. 4.5 Place Sustainable Amenity and Built Environment NOTICE OF INTENTION TO DECLARE A SPECIAL CHARGE - HEIDELBERG CENTRAL PRECINCT contd Ordinary Meeting of Council - 14 April 2014 Page 52 2. Acting in accordance with sections 163(1A) and 163B(3) of the Act, directs that public notice be given in The Weekly Review Ivanhoe and Valley newspaper of the intention of Council to declare at its ordinary meeting to be held on 7 July 2014 in accordance with the proposed declaration of Special Charge in the form of the attachment to this resolution (being Attachment 2) (Proposed Declaration of Special Charge), such Special Charge to be for the purposes of defraying expenses to be incurred by Council in providing funds to the incorporated body known and operating as the Heidelberg Central Traders Association Incorporated, which funds, administratively only and subject always to the approval, direction and control of Council, are to be used for the purposes of a professional part time marketing coordinator, promotional, advertising, marketing, business development and other incidental expenses as approved by and agreed to from time to time between Council and the Traders Association, all of which are associated with the encouragement of commerce, retail, and professional activity and employment in the Shopping Precinct. 3. Requests that, in accordance with section 163(1C) of the Act, separate letters enclosing a copy of the public notice are to be sent to the owners and the occupiers of the properties referred to and set out in the listing of rateable properties set out in Schedule 2 to the Proposed Declaration of Special Charge, advising of the intention of Council to declare the Special Charge at its ordinary meeting to be held on 7 July 2014, the amount for which the property owner or the occupier (being a person who as a condition of a lease under which the person who occupies the property is required to pay the Special Charge) will be liable, the basis of the calculation and distribution of the Special Charge and notifying such persons that submissions and/or objections in writing in relation to the Proposed Declaration of Special Charge will be considered and/or taken into account by Council in accordance with sections 163A, 163B and 223 of the Act. 4. Advises the Traders Association of the matters specified in paragraphs 1, 2 and 3 of this resolution. 5. Notes the funding implications of the Special Charge and further, that these will be considered as a part of Councils 2014/2015 to 2020/2021 Capital Works Budgets. 6. Authorises the Councils Director of City Development or the person for the time being acting in that position or delegate (a) to carry out any and all other administrative procedures necessary to enable Council to carry out its functions under section 163A and section 163(1A), (1B) and (1C) and sections 163B and 223 of the Act; and (b) to prepare a funding agreement between Council and the Traders Association to formalise the administrative operations of the Special Charge, such agreement being to ensure that at all times, and as a precondition to the payment of any funds by Council to the Traders Association, Council is, and remains, legally responsible for approving, directing and controlling the expenditure of the proceeds of the Special Charge in accordance with its obligations under the Local Government Act 1989 to do so. 4.5Place Sustainable Amenity and Built Environment NOTICE OF INTENTION TO DECLARE A SPECIAL CHARGE - HEIDELBERG CENTRAL PRECINCT contd Ordinary Meeting of Council - 14 April 2014 Page 53 7. Directs that the agreement specified in paragraph 6(b) of this resolution is to be subsequently submitted to Council for approval and sealing before the proceeds of the Special Charge, or any part of them, are paid to the Traders Association for the purposes for which the Special Charge has been made. ATTACHMENTS No. Title Page 1 Attach 1 - Request from Association 112 2 Attach 2 - Proposed Declaration 113 3 Attach 3 - Survey 123 4 Attach 4 - Pre intention letter, Council 129 5 Attach 5 - Traders Review Document 131 5.1Participation Community Involvement in Community Life Ordinary Meeting of Council - 14 April 2014 Page 55 5.1 MOTIONS FOR MUNICIPAL ASSOCIATION VICTORIA (MAV) STATE MEETING Author: Kellie O'Shea - Senior Governance Officer, City Development File: BS08/030/006 SUMMARY The Municipal Association of Victoria (MAV) is holding its State Council Meeting on 16 May 2014. Councils are encouraged to submit motions to the State Council Meeting for voting on by other member Councils. Any motions submitted must be approved by Council and submitted by 18 April 2014. This report proposes that Banyule submits a motion to the MAV for inclusion on the agenda of the May State Council Meeting relating to the Amenity of Development Sites. CITY PLAN This report is in line with Councils City Plan key direction to "advocate on behalf of the community". BACKGROUND MAV STATE COUNCIL The MAV holds two State Council Meetings per year. The meetings are an opportunity for Councils to put on the agenda issues of common interest and importance to all Victorian Councils. The MAV then advocates on behalf of Local Government in relation to these matters. Prior to the meetings the MAV encourages Councils to submit motions for the agenda. The usual practice is to provide a few paragraphs of background information together with the actual motion being recommended. DISCUSSION There are a number of matters which Council could raise at the May State Council Meeting. On this occasion Council proposes to motion one matter as listed below: AMENITY OF DEVELOPMENT SITES Background Councils play an important role in setting the strategic direction and guidelines for development, approving developments and then monitoring construction activities and the subsequent development outcomes. However, the development process does not always run smoothly. Concerns about the poor appearance of private property and unsightly or derelict development sites are regularly raised by the community. 5.1 Participation Community Involvement in Community Life MOTIONS FOR MUNICIPAL ASSOCIATION VICTORIA (MAV) STATE MEETING contd Ordinary Meeting of Council - 14 April 2014 Page 56 The issues associated with derelict or unsightly development properties is an issue common to all municipalities, but the issue has varying degrees of detrimental impact on a community depending on the location and surrounding character of an area. It is not uncommon for some sites which are planned for development to be left for more than a decade in poor condition negatively impacting on the amenity of the surrounding area. For example, in recent years Lord Mayor Robert Doyle has pursued a campaign to encourage the redevelopment of sites within the City that he considers a blight on Melbourne. With very little leverage to require a landowner to develop their properties, Melbourne City Council used a variety of techniques to encourage development. Ultimately, the power of the Council to oblige the landowner to undertake the stated development is very limited. This is the reality faced by all councils as we do not have the power to compel landowners to develop, or to complete the development, of their land. Council local laws offer some ability for councils to enforce amenity issues in relation to private land and unsightly properties, however, the ability of local laws to provide for controls and enforcement in this area is limited and is not able to be used to pursue vacant and abandoned sites. The Local Government Act 1989 sets out a number of limiting conditions in relation to what councils can and cant consider or include in their local laws. Also the maximum penalties that councils can set for breaches of local laws are relatively low, and in many cases the penalties that apply through a local law do not act as a deterrent. Further, the Local Government Act prohibits councils from creating local laws that attempt to deal with issues that embody principles of major substance or controversy or contain any matter which should properly be dealt with by an Act and not by subordinate legislation. Where an issue such as this one affects all councils and is a problem to all councils, it may be more appropriate to advocate for the State Government to legislate in this area. State legislation would have the ability to apply consistent requirements across the board and could set much higher penalties for breaches or failing to act. Suggested MAV Motion That the MAV lobby the State Government to adopt a state wide approach to better manage and control the amenity of development sites which are left in poor or derelict condition, either from being abandoned, vacant or partially completed. Specifically consideration should be given to introducing state wide legislation to compel action on vacant or derelict development sites after a certain period, and the application of meaningful penalties for failure to comply. 5.1Participation Community Involvement in Community Life MOTIONS FOR MUNICIPAL ASSOCIATION VICTORIA (MAV) STATE MEETING contd Ordinary Meeting of Council - 14 April 2014 Page 57 FURTHER DISCUSSION Council initially also requested the preparation of another Motion regarding public transport, but this is now no longer necessary due to the Napthine Government announcement made on 26 March 2014 in relation to public transport cost and zoning changes. Below is the Motion as was initially prepared for submission. A FAIRER PUBLIC TRANSPORT FARE SYSTEM NOW THAT MYKI HAS BEEN INSTALLED Background The Victorian public transport ticketing system, MYKI, has now been fully installed and operational for well over a year and should enable a fairer public transport fare structure which removes the zones system. The current two zone system has a number of disadvantages: It encourages people to drive long distances to a zone 1 station, which causes considerable congestion on nearby roads and parking issues around rail stations. All Councils on the zone boundary experience the same issues. Financial disadvantage for commuters living in a zone 2, who pay nearly double the fare of those commuters living in the zone 1 catchment area. This further encourages those living in the outer suburbs to either choose their personal vehicle or seek out a parking space close to a zone 1 rail station. The last major change to Melbourne's public transport ticketing schedule came in 2007, when zone 3 was abolished. A fairer system is required that encourages people to walk or cycle to their local rail station or public transport stop, and MYKI should be used to give commuters that opportunity. Fairer systems are in place throughout the world (Sydney, London, Singapore) which operate on a fare per distance/number stations travelled, and this technology should be applied to the MYKI to provide a fair and equitable fare system for all users. On 26 March 2014, the Napthine Government announced an election-year proposal whereby travel within Melbourne's CBD and Docklands would be free and commuters travelling from the outer suburbs would be charged the same amount as zone 1 passengers. The State Government has pledged to cap maximum daily fares at the zone 1 rate across Melbourne if it wins Novembers state election, with all trams in the CBD becoming free from New Year's Day. The free-zone grid would include the Queen Victoria Market and Docklands, and ticket inspectors would no longer police inner-city tram routes. The Government estimates the scheme would cost $100 million each year. Initial Suggested MAV Motion (now withdrawn) That the MAV lobby the State Government and the State Opposition to develop and use the technology behind MYKI to provide a fairer and more equitable public transport fare system for all commuters. 5.1 Participation Community Involvement in Community Life MOTIONS FOR MUNICIPAL ASSOCIATION VICTORIA (MAV) STATE MEETING contd Ordinary Meeting of Council - 14 April 2014 Page 58 CONCLUSION The matters discussed in this report have widespread implications and are of concern to all Victorian Councils. The MAV State Council meeting provides an opportunity to seek the support of other Councils and the MAV in raising these matters. RECOMMENDATION That Council adopt the following motion for submission to the MAV State Council Meeting to be held on 16 May 2014: Amenity of Development Sites That the MAV lobby the State Government to adopt a state wide approach to better manage and control the amenity of development sites which are left in poor or derelict condition, either from being abandoned, vacant or partially completed. Specifically consideration should be given to introducing state wide legislation to compel action on vacant or derelict development sites after a certain period, and the application of meaningful penalties for failure to comply. ATTACHMENTS Nil 6.1Performance - Use Our Resources Wisely Ordinary Meeting of Council - 14 April 2014 Page 59 6.1 GOVERNANCE AND CONDUCT LEGISLATIVE AMENDMENTS Author: Gina Burden - Manager Governance, Information & Laws, City Development File: F2014/605 & F2014/440 SUMMARY To advise Council of the recent introduction in the Victorian Parliament of the Local Government Amendment (Governance and Conduct) Bill 2014 (the Bill). This Bill contains numerous significant changes to the Local Government Act 1989 (the Act) in relation to councillor conduct issues and ensuring implementation of good governance practices. Amongst the many new provisions, which are summarised in this report, is the introduction of a new provision which prohibits councils from having a policy in relation to councillor discretionary funds. This directly impacts on Councils current review of the Banyule Ward Funds Policy. 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. CITY PLAN This report is in line with Councils City Plan key direction to enable good governance and accountability with minimal risk. BACKGROUND The State Government announced late last year that it would be introducing legislation to Parliament following the review it conducted earlier in 2013 in relation to councillor conduct issues and general governance related matters. In previous announcements the former Minister for Local Government, Jeanette Powell, had indicated that there would be a number of sweeping reforms and an increase in the powers for the Local Government Inspectorate (the Inspectorate). Only some of the reforms proposed had been advised in previous media releases. The Bill which contains these reforms was introduced into Parliament on 2 April 2014 (a copy of the Bill and the Summary document are attached). The Bill contains additional amendments to those that had been previously announced as outlined in this report. 6.1 Performance - Use Our Resources Wisely GOVERNANCE AND CONDUCT LEGISLATIVE AMENDMENTS contd Ordinary Meeting of Council - 14 April 2014 Page 60 At its meeting on 31 March 2014, Council was due to consider a report on the review of the Banyule Council Ward Fund Policy, which included the proposal to amend the policy to incorporate a new Expression of Interest (EOI) process, as had been requested in a previous Notice of Motion resolution from Council. Council at the meeting resolved to defer consideration of this report to a future Council meeting, however, the new provision proposed in the Bill now impacts on any future Banyule Ward Fund Policy and therefore Council will need to review its position in relation to this matter. HUMAN RIGHTS CHARTER In developing this report to Council, the subject matter has been considered to determine if it raises any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited, restricted or interfered with by the recommendations contained in this report. It is considered that the subject matter does not raise any human rights issues. FUNDING IMPLICATIONS There are some amendments in the Bill which will have a small financial implication for Council, this includes the requirement for councils to appoint an independent and qualified person to chair the committee which will advise Council on all contractual matters relating to the Chief Executive Officers (CEO) employment. This would involve a paid committee position. There are also other circumstances arising from the amendments when councils may be required to appoint an independent person and again these would be at the expense of Council. Further, should Council resolve to cease operating the Banyule Ward Fund program, this will have a direct impact on Councils budget. Council will need to determine the remaining uncommitted ward fund amount for the remainder of this financial year, and any proposed allocation for next financial year. As part of the Budget process. POLICY IMPLICATIONS The new amendments in the Bill have several implications for Councils existing Governance policies which will need to be reviewed. This includes Councils Ward Fund Policy, Councillor Code of Conduct, Meeting Procedures Local Law, and Councillor and Staff Interactions Protocols. DISCUSSION Summary of Key Amendments A summary of some of the key provisions in the Bill are provided below, with a further summary provided in the attachment to this report: Mandatory Induction Program for Councillors A person elected to be a Councillor will not be able to act as a Councillor until he or she has completed a Councillor induction program and has made a declaration to that effect and until he or she has taken the oath of office. 6.1Performance - Use Our Resources Wisely GOVERNANCE AND CONDUCT LEGISLATIVE AMENDMENTS contd Ordinary Meeting of Council - 14 April 2014 Page 61 The oath must not be taken until he or she has completed a Councillor Induction program. The oath must also be recited by the Chairperson at the commencement of each meeting of the Council. Functions and Role of Mayor Clarification of role and New Powers The functions of the Mayor of a Council will include (a) providing guidance to Councillors about what is expected of a Councillor including the obligations and responsibilities of a Councillor; and (b) acting as the principal spokesperson for the Council; and (c) supporting good working relations between Councillors; and (d) carrying out the civic and ceremonial duties of the office of Mayor New powers will allow a Mayor to require misbehaving Councillors to leave meetings. If the misbehaviour continues after a first and second warning, the Mayor may request that the Councillor immediately leave the meeting and not return to that meeting. Misbehaviour means behaviour exhibited by a Councillor that is (a) offensive; or (b) unreasonably obstructing the conduct of Council business. If a Mayor misuses his or her power under the new section, it could form the basis for an allegation of serious misconduct by the Mayor. Role of Councillor For the first time the role of councillor is defined in the legislation. The things a Councillor must do in performing the role of Councillor, being giving consideration to the diversity of interests and needs of the local community; observing principles of good governance; contributing to the Council's strategic direction through development and review of key strategic documents of the Council; providing civic leadership in relation to the exercise of the various functions and responsibilities of the Council under the Local Government Act 1989 and other Acts; participating in the responsible allocation of Council resources through the annual budget; facilitating effective communication between the Council and the community. The role of Councillor does not include any of the functions of the Chief Executive Officer. Role of the CEO - Additional responsibilities ensuring that the Council receives timely and reliable advice about its legal obligations under the Local Government Act 1989 or any other Act; supporting the Mayor in the performance of his or her role; performing any other function specified in the Local Government Act 1989 or any other Act. the Chief Executive Officer is responsible for managing interactions between Council staff and Councillors. 6.1 Performance - Use Our Resources Wisely GOVERNANCE AND CONDUCT LEGISLATIVE AMENDMENTS contd Ordinary Meeting of Council - 14 April 2014 Page 62 Audit Committee Amendments The Chairperson of an audit committee must not be a Councillor or a member of Council staff and must be suitably qualified to be chairperson of the committee. The chairperson may require any report prepared by the audit committee to be tabled at the next ordinary meeting of the Council Minister may direct Council to amend, discontinue or replace governance processes and policies If the Chief Municipal Inspector or a Municipal Monitor has advised the Minister those processes and policies require improvement and the Minister is satisfied of this based on the advice. Councillor Conduct The role of councillor conduct panels will be expanded to include both misconduct and serious misconduct matters. (Previously, the Victorian Civil and Administrative Tribunal dealt with serious misconduct matters.) A complaint that alleges serious conduct or gross misconduct may be made to the Chief Municipal Inspector in addition to an application for a Councillor Conduct panel. The definition of serious misconduct is more significant and will include: a failure to cooperate with, or comply with, a councillor conduct panel; continued or repeated misconduct after an earlier finding of misconduct by the panel; bullying of a councillor or member of council staff; the improper influence or direction of council staff; the improper release of confidential information; and failure to comply with a request of the mayor to leave a council meeting. Also an individual Councillor may be stood down in exceptional circumstances by the Governor in Council by order in Council on the recommendation of the Minister. The Minister may recommend that a Councillor be stood down if an application alleging serious misconduct or gross misconduct by a Councillor has been made to a Councillor Conduct Panel or VCAT; and the Chief Municipal Inspector has advised the Minister that the Councillor is creating a serious risk to the health and safety of Councillors or Council staff or is preventing Council from performing its functions; and the Minister is satisfied that the there is a serious risk to the health and safety of Councillors or the Council will be unable to perform its functions. If a Councillor is ordered to stand down then the Councillor's allowance will be withheld and the Councillor will be unable to attend Council meetings, special meetings, assemblies of Councillors or Council premises for the duration of the order. On the recommendation of the Chief Municipal Inspector, the Minister can recommend that another standing down Order be made if the Order lapses after 6 months. 6.1Performance - Use Our Resources Wisely GOVERNANCE AND CONDUCT LEGISLATIVE AMENDMENTS contd Ordinary Meeting of Council - 14 April 2014 Page 63 Code of Conduct Amendments (timing of review and internal resolution process) Council must review and make necessary amendments to the Code within 4 months after the commencement the new clause and also within 4 months after a General Election at a Special Meeting called solely for this purpose. Improper Direction New Offence It will become an offence for a councillor to direct, or try to direct a member of council staff in certain circumstances. This is because the legal power to make decisions belongs either to the whole council or to the officer with the relevant authority. This offence will include giving direction when the officer is: providing advice to the council acting under council delegation acting as an authorised officer in a position established under an Act of Parliament Confidential Information - Councillors and Former Councillors New Offence Councillors are sometimes provided with information that is confidential so that they can perform their duties effectively. A councillor is not entitled to use this information for other purposes and its improper release will become a criminal offence. The Act will include new criminal offences for unlawful direction of council staff and release of confidential information. A person found guilty of either offence in a court may be convicted and fined up to approximately $17 000. Councillor Discretionary Funds The wording in the Bill relating to Councillor Discretionary Funds is as follows: "195A Prohibition of Councillor discretionary funds A Council must not adopt or implement a policy under which a Councillor is allocated a fixed or other amount of funds for the purpose of enabling the Councillor to nominate (a) a particular person, body or organisation to whom the funds are to be paid; or (b) a particular fund in respect of which the funds are to be applied." It is clear from this wording, and the second reading speech in Parliament, that the Government opposes the application of ward fund programs or the like, and has sought to prohibit them in any form. Even though existing councillor discretionary funds, including the Banyule Ward Fund, do not contravene the Act at present, the Government has introduced the proposed amendment which would prohibit any existing or future policy. The Councils intention to review its current policy to include a new EOI process would therefore appear to be no longer relevant. This also applies to the continuation of awarding funds under the existing policy. 6.1 Performance - Use Our Resources Wisely GOVERNANCE AND CONDUCT LEGISLATIVE AMENDMENTS contd Ordinary Meeting of Council - 14 April 2014 Page 64 TIMELINES The Bill has had its first and second reading in Parliament and is expected to be debated in the May sitting. It is therefore unlikely to be passed before June 2014. CONCLUSION The introduction of the Local Government Amendment (Governance and Conduct) Bill 2014 will see some significant amendments made to the Local Government Act 1989. Council and officers will need to prepare for these changes and will be required to review several of its policies and procedures following the Bills enactment to ensure that Councils processes comply with the new legislative requirements. In particular, due to the timing of a proposed review to the Banyule Councillor Ward Fund Policy, it is prudent that Council act now on the announcement that the legislation will prohibit such funds in the future, and therefore determine to cease the operation of its current program. RECOMMENDATION That: 1. Council note the introduction of the Local Government Amendment (Governance and Conduct) Bill 2014; 2. Due to the proposal in the Bill to prohibit councillor discretionary funds, Council act now on the propsed legislation and determine to cease the operation of its Ward Fund program; and 3. Council consider the reallocation of any funds available for Ward Funds as part of its 2014/15 Budget process. ATTACHMENTS No. Title Page 1 Summary - Local Government Governance and Conduct Bill 143 2 Local Government Amendment (Governance and Conduct) Bill 2014 151 6.2Performance - Use Our Resources Wisely Ordinary Meeting of Council - 14 April 2014 Page 65 6.2 ASSEMBLY OF COUNCILLORS Author: Kellie O'Shea - Senior Governance Officer, City Development File: F2014/337 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: 31 March 2014 Type of Meeting: Ordinary Council Meeting Matters Considered: Items on the Council Agenda for the Ordinary Meeting of 31 March 2014 (excluding confidential items) as listed below: 1.1 Further signatories to petition to retain and reopen Bellfield, Haig Street and Banksia College School Sites 1.2 Joint Letter Opposing Proposed Sale of 3 Somerleigh Crescent, Greensborough 5.1 Advocacy on behalf of the Community - July 2013 to January 2014 5.2 Proposal to rename parts of Heidelberg Heights 5.3 Proposal to formally name the Right of Way bounded by Waterdale Road, Jellicoe and Beatty Streets, Ivanhoe 5.4 Ward Fund Allocations 6.1 Banyule Ward Funds - Review of Policy 6.2 Assembly of Councillors 7.1 Sealing of Documents 8.1 On Line Hard Waste Bookings General Business: - Public Transport Zone 2 - Ivanhoe Junior Football Club Open Day - Banyule Festival - 50th Anniversary of St Johns Ambulance Banyule Division 6.2 Performance - Use Our Resources Wisely ASSEMBLY OF COUNCILLORS contd Ordinary Meeting of Council - 14 April 2014 Page 66 Councillors Present: Steven Briffa Mark Di Pasquale Craig Langdon Tom Melican Jenny Mulholland Wayne Phillips Staff Present: Simon McMillan, Chief Executive Officer Scott Walker, Director City Development Geoff Glynn, Director Assets & City Services Gina Burden, Manager Governance, Information and Laws Vivien Ferlaino, Governance & Information Coordinator Daniel Kollmorgen, Acting Manager Strategic & Economic Development Darren Bennett, Acting Director Community Programs Others Present: Nil Conflict of Interest: Nil 2 Date of Assembly: 31 March 2014 Type of Meeting: Confidential Councillor Briefing Matters Considered: Confidential Matters Property and Proposed Developments Councillors Present: Steven Briffa Mark Di Pasquale Craig Langdon Jenny Mulholland Wayne Phillips Staff Present: Daniel Kollmorgen, Acting Manager Strategic & Economic Development Michael Hutchison, City Development Projects Coordinator Others Present: Nil Conflict of Interest: Nil 3 Date of Assembly: 17 March 2014 Type of Meeting: Strategic & Operating Budget Meeting Matters Considered: Budget considerations Councillors Present: Steven Briffa Mark Di Pasquale Rick Garotti Craig Langdon Tom Melican Jenny Mulholland Wayne Phillips Staff Present: Simon McMillan, Chief Executive Officer Allison Beckwith, Director Community Programs 6.2Performance - Use Our Resources Wisely ASSEMBLY OF COUNCILLORS contd Ordinary Meeting of Council - 14 April 2014 Page 67 Geoff Glynn, Director Assets & City Services Stephen Coulthard, Accountant Doug Baker, Acting Manager Financial Services Peter Utri, Acting Director Corporate Services Daniel Kollmorgen, Acting Manager Strategic & Economic Development Russell Darling, Manager Operations Arun Chopra, Manager Major Projects & Infrastructure Kevin Gallagher, Assets Coordinator Others Present: Nil Conflict of Interest: Nil 4 Date of Assembly: 24 March 2014 Type of Meeting: Capital Works Budget Meeting Matters Considered: 2014-2015 Capital Works considerations Councillors Present: Steven Briffa Mark Di Pasquale Rick Garotti Craig Langdon Tom Melican Jenny Mulholland Wayne Phillips Staff Present: Simon McMillan, Chief Executive Officer Allison Beckwith, Director Community Programs Scott Walker, Director City Development Geoff Glynn, Director Assets & City Services Peter Utri, Acting Director Corporate Services Arun Chopra, Manager Major Projects & Infrastructure Kevin Gallagher, Assets Coordinator Giovanna Failla, Manager Youth & Family Services Doug Baker, Acting Manager Financial Services Michael Fan, Accountant Others Present: Nil Conflict of Interest: Nil RECOMMENDATION That the Assembly of Councillors report be received. ATTACHMENTS Nil 6.3Performance - Use Our Resources Wisely Ordinary Meeting of Council - 14 April 2014 Page 68 6.3 COMMUNITY INFORMATION AND SUPPORT SERVICES REVIEW Author: Giovanna Failla - Manager Youth & Family Services, Community Programs File: BS34/035/003 Previous Items Council on 22 April 2013 (Item 2.1 - Relocation of Banyule Support and Information Centre (BANSIC)) SUMMARY To advise Council of the Community Information and Support Service Review Final Report. 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. CITY PLAN This report is in line with Councils City Plan key direction of develop and deliver best value services and facilities. BACKGROUND On the 22nd April 2013 Council resolved to undertake a review of Banyule Support and Information Centre (BANSIC), North East Region Volunteer Centre Inc (NERVC), trading as Volunteers of Banyule (VOB) and Diamond Valley Community Support (DVCS) as part of its accountability both towards the community and for its effective use of resources. The review investigated each services approach to meeting contemporary demands and standards in the context of best practice models and to identify whether there are any gaps or duplication in services provided. Importantly, the review provided advice to Council in relation to the future direction of information and support services. Two of the services under review, VOB and DVCS, are jointly funded by Banyule City Council and Nillumbik Shire Council (83% and 17% respectively) and their services are provided across the sub region. Accordingly, Nillumbik Shire Council is a partner in this review and has made a financial contribution to its cost. Janine Haddow was engaged in August 2013 as a consultant to conduct the review. The review was based on qualitative data and information including interviews and workshops with key people from each agency, interviews with staff from each Council and local, national and international research of trends and best practice models in the delivery of community information and support services and volunteer agencies. The review has been finalised and the final report was submitted in November 2013. 6.3Performance - Use Our Resources Wisely COMMUNITY INFORMATION AND SUPPORT SERVICES REVIEW contd Ordinary Meeting of Council - 14 April 2014 Page 69 HUMAN RIGHTS CHARTER In developing this report to Council, the subject matter has been considered to determine if it raises any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited, restricted or interfered with by the recommendations contained in this report. It is considered that the subject matter does not raise any human rights issues. CURRENT SITUATION On 29 January and 10 February 2014 respectively, Council officers presented to Councillors the key findings of the review and discussed the possibility of moving to an integrated regional community information and support service to maximise efficiency, reduce duplication and address priority need. On the 4 March 2014 Councillors and council officers met with the three agencies to present the integrated service model proposal. There was much discussion on the quality of the report by the agencies in particular commentary on accuracy of information and documented evidence to support recommendations being made. It was subsequently agreed that an opportunity would be provided to all three agencies to provide written feedback regarding the factual information relating to their respective agency contained in the CISS Review report. It was also agreed that this information together with a more detailed rationale in support of the recommendation for an integrated service model, would be included in the final report presented to Council. All three agencies provided written feedback that was considered and applied to the report as appropriate. It is worth mentioning that there were no noted errors that fundamentally impacted the review or observations made from the respective agencies written responses that required the initial recommendations to be adjusted. Janine Haddow has now finalised the report which includes the agency feedback and expanded rationale. The Final report was recirculated to the three agencies for their information. Council officer provided a further update to Councillors on the 7 April 2014. OFFICER COMMENT Officers believe an integrated regional service with three satellite points in Greensborough, Heidelberg and Heidelberg West will provide the best outcomes for the community. This model offers the greater efficiency and effectiveness for Council in the long term. It will reduce overheads of agencies, reduce duplication of service, create less competition for scarce resources such as COM members and staff, and generate a much larger more cohesive organisation to deliver services more broadly across the community. It is expected that current service locations will continue to receive a service, i.e. Heidelberg and Greensborough, although not necessarily in the same way. The addition of a community service presence in Heidelberg West is consistent with Councils commitment to Heidelberg West as a priority area for redevelopment. Community information including volunteer services is also part of a broader community plan post Neighbourhood Renewal. The Community Plan is underpinned by a range of Neighbourhood Agreements signed by key agencies, including Council, to support the development of the community to become more self-sufficient and resilient. 6.3 Performance - Use Our Resources Wisely COMMUNITY INFORMATION AND SUPPORT SERVICES REVIEW contd Ordinary Meeting of Council - 14 April 2014 Page 70 Combining three agencies into one will be challenging, particularly for these three agencies, which have such different cultures and current operating and service delivery approaches. A merger cannot succeed without agreement of each agency as each is an independent incorporated association. A merger will mean the end of each agency in its current form and this can only be successful if each agency appreciates the merit of the proposed merger and fully embraces the change which will result in a service that is much stronger in every way than their existing agency. Council officers will work collaboratively with the three agencies to ensure as smooth a transition as possible to the new model. In the event that negotiations for a merger are not successful, officers seek Councils support to pursue the integrated regional service model regardless. This could be achieved by continuing to work with those agencies that are prepared to merge towards the establishment of the new service, or finding an alternative service delivery model via a tender process. TIMELINES Council officers have undertaken preliminary planning for the proposed integrated regional community information and support service model. The timeline is influenced by the fact that the lease on the current Burgundy Street premises of BANSIC expires in August 2014 and a new location will need to be finalised before that time. In the event that the Heidelberg West community hub proceeds, work will be required to refurbish the building to accommodate the proposed integrated regional community information and support service model, therefore an extension of the current Burgundy Street lease (for approximately four months until December 2014) will be required. CONCLUSION Council undertook a review of Banyule Support and Information Centre (BANSIC), North East Region Volunteer Centre Inc (NERVC), trading as Volunteers of Banyule (VOB) and Diamond Valley Community Support (DVCS) as part of its accountability both towards the community and for its effective use of resources. The review investigated each services approach to meeting contemporary demands and standards in the context of best practice models and identification of gaps and duplication in services provided. Importantly, the review provided advice to Council for the future direction of information and support services with the key recommendation to move to an integrated regional community information and support service to maximise efficiency, reduce duplication and address priority need. RECOMMENDATION That Council: 1. Move to an integrated regional community information and support service to maximise efficiency, reduce duplication and address priority need; 2. Formally thank the Committees of Management, their staff and volunteers of BANSIC, DVCS and VOB for their commitment and community service over the years in the area of community information and support and formally advise them of Councils intention regarding future service delivery; 6.3Performance - Use Our Resources Wisely COMMUNITY INFORMATION AND SUPPORT SERVICES REVIEW contd Ordinary Meeting of Council - 14 April 2014 Page 71 3. Combine the recurrent funding to BANSIC, DVCS and VOB allocated in operating and capital works budgets and transfer the combined budget to one operating budget line from 2014/15; 4. In relation to its lease of the premises at 101 Burgundy Street, Heidelberg, currently occupied by BANSIC, give formal notice to the Landlord by May 2014, of its intention to extend the lease for a further four months terminating in December 2014; 5. Work collaboratively with BANSIC, DVCS, VOB and Nillumbik Shire Council to facilitate a merger to one new organisation that will establish an integrated regional community information and support service; 6. Undertake a tender process for an integrated regional community information and support service in the event that negotiations with the three agencies for a merger is not successful. ATTACHMENTS Nil 7.1Sealing of Documents Ordinary Meeting of Council - 14 April 2014 Page 73 7.1 SEALING OF DOCUMENTS Author: Allison Mitchell - Property Officer, City Development Ward: Beale File: F2013/1156; F2013/1184 The following documents require the affixing of the Common Seal of Council: 1. PARTY\PARTIES: Banyule City Council (Council) and Uniting Church In Australia Property Trust (Victoria) (Centre) OFFICER: Allison Mitchell FILE NUMBER: F2013/1156; F2013/1184 DOCUMENT: Lease and Service Level Agreement ADDRESS: 66 Wahroonga Crescent, Greensborough WARD: Beale BRIEF EXPLANATION: Council is the owner of a purpose built kindergarten building situated at 66 Wahroonga Crescent, Greensborough. This building is currently operated as the Wahroonga Preschool by the Uniting Church In Australia Property Trust (Victoria) (Centre). In order to ensure the continued operation and level of service, a Lease and a Service Level Agreement have been agreed between the parties for a period commencing 1 September 2013 and ending on 30 April 2015. (This ending date will align with the ending dates of existing kindergarten leases). In recognition of the community service provided by the Centre, it is recommended the commercial rental of $32,000.00 be waived in this instance and a nominal rent of $104.00 per annum plus GST be applied. Council should support entering into and formally ratifying the Lease and Service Level Agreement by resolving to affix its Common Seal to the Lease and Service Level Agreement. 2. PARTY\PARTIES: Banyule City Council OFFICER: Ellen Kavanagh FILE NUMBER: BS040/010/002 DOCUMENT: Instrument of Authorisation BRIEF EXPLANATION: Pursuant to section 224 of the Local Government Act 1989 a Council may appoint any person other than a Councillor to be an authorised officer for the purposes of the administration and enforcement of any Act, regulations or local laws which relate to the functions and powers of the Council. Officers who undertake the Statutory role of Planner and Planning Enforcement Officers require Authorisation pursuant to the Local Government Act and Planning and Environment Act. 7.1 Sealing of Documents SEALING OF DOCUMENTS contd Ordinary Meeting of Council - 14 April 2014 Page 74 An authorised officer has the power to: Demand the name and address of a person who has committed, or who the authorised officer reasonably suspects has committed or is about to commit, an offence against any Act, regulation or local law in respect of which he or she is appointed. To enter land at any reasonable time and to enforce the Planning and Environment Act. The Instrument of Authorisation requires the Council Seal for the following staff: Sam Trowse, George Vekos and Georgia Banks RECOMMENDATION That the Common Seal of the Banyule City Council be affixed: 1. to the Lease and Service Level Agreement between Banyule City Council and the Uniting Church In Australia Property Trust (Victoria) to ensure the continued operation of the Wahroonga Preschool at 66 Wahroonga Crescent Greensborough for the period commencing 1 September 2013 and ending on 30 April 2015. 2. the Instrument of Authorisation for Planning Officers, Sam Trowse, George Vekos and Georgia Banks and they be appointed and authorised as set out in Instrument. ATTACHMENTS Nil ATTACHMENTS ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 75 1.1 Proposed development (24 units) at No. 128 Locksley Road, Eaglemont Attachment 1 Petition ............................................................................................ 76 4.1 Traffic and Parking Concerns in Watsonia Attachment 1 Speed and Volume Count Locations ............................................... 77 4.3 210, 214-216 Burgundy Street, Heidelberg Attachment 1 Advertsied Plans ............................................................................. 79 Attachment 2 Planning Controls ............................................................................ 99 4.4 33-35 Elwers Street, Watonia North - Proposed Sale of Land Attachment 1 Property Summary - 33-35 Elwers Street, Watsonia North ............ 106 4.5 Notice of Intention to declare a Special Charge - Heidelberg Central Precinct Attachment 1 Attach 1 - Request from Association ............................................. 112 Attachment 2 Attach 2 - Proposed Declaration .................................................... 113 Attachment 3 Attach 3 - Survey .......................................................................... 123 Attachment 4 Attach 4 - Pre intention letter, Council ........................................... 129 Attachment 5 Attach 5 - Traders Review Document ............................................ 131 6.1 Governance and Conduct Legislative Amendments Attachment 1 Summary - Local Government Governance and Conduct Bill ........ 143 Attachment 2 Local Government Amendment (Governance and Conduct) Bill 2014 ........................................................................................ 151 Attachment 1 1.1Item: 1.1 Attachment 1: Petition ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 76 Attachment 1 4.1Item: 4.1 Attachment 1: Speed and Volume Count Locations ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 77 Key Kenmare Street Survey Location (2008, 2011) Lambourn Road Survey Location (2008) Black Street Survey Location (2013) Kenmare Street Survey Location (2003) Lambourn Road Survey Location (2013) Black Street Survey Location (2011, 2014) Attachment 1 4.3Item: 4.3 Attachment 1: Advertised Plans ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 79 Attachment 1 4.3Item: 4.3 Attachment 1: Advertised Plans ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 80 Attachment 1 4.3Item: 4.3 Attachment 1: Advertised Plans ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 81 Attachment 1 4.3Item: 4.3 Attachment 1: Advertised Plans ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 82 Attachment 1 4.3Item: 4.3 Attachment 1: Advertised Plans ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 83 Attachment 1 4.3Item: 4.3 Attachment 1: Advertised Plans ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 84 Attachment 1 4.3Item: 4.3 Attachment 1: Advertised Plans ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 85 Attachment 1 4.3Item: 4.3 Attachment 1: Advertised Plans ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 86 Attachment 1 4.3Item: 4.3 Attachment 1: Advertised Plans ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 87 Attachment 1 4.3Item: 4.3 Attachment 1: Advertised Plans ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 88 Attachment 1 4.3Item: 4.3 Attachment 1: Advertised Plans ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 89 Attachment 1 4.3Item: 4.3 Attachment 1: Advertised Plans ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 90 Attachment 1 4.3Item: 4.3 Attachment 1: Advertised Plans ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 91 Attachment 1 4.3Item: 4.3 Attachment 1: Advertised Plans ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 92 Attachment 1 4.3Item: 4.3 Attachment 1: Advertised Plans ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 93 Attachment 1 4.3Item: 4.3 Attachment 1: Advertised Plans ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 94 Attachment 1 4.3Item: 4.3 Attachment 1: Advertised Plans ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 95 Attachment 1 4.3Item: 4.3 Attachment 1: Advertised Plans ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 96 Attachment 1 4.3Item: 4.3 Attachment 1: Advertised Plans ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 97 Attachment 2 4.3Item: 4.3 Attachment 2: Planning Controls ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 99 PLANNING CONTROLS ZONE The site is zoned Special Use 3 Residential and Medical Services Precinct. Within this zone, planning permission is required to construct a building and carry works on the land. The use of the land for a Medical centre requires planning permission under this zone. OVERLAYS The site is covered by Vegetation Protection Overlay Schedule 5. Under this overlay, planning permission is required for removal of all vegetation 12 metres or more in height or with a trunk diameter more than 40cm measured 1.4 metres above the base of the tree. No works are proposed that trigger a permit under this overlay. The site is also covered by Design and Development Overlay Schedule 5. This overlay applies to the Heidelberg Specialised and Major Activity Centre. Under the schedule to this overlay, a number of design requirements are identified including at the Martin Street property boundary, a maximum building height of 10 metres with buildings to be set back an additional 1.5 metres for every 3 metres of building height above 10 metres with no additional building setback required over 16 metres. The maximum building height specified for the site is 25 metres. The Design and Development Overlay provisions provide the key policy criteria to assess how successfully the built form of the proposal meets the broad range of relevant design objectives for the precinct and are summarised as follows. Built Form The Overlay seeks to promote new development that provides a positive contribution to the built form and public realm by: Respecting the preferred scale and character of the Heidelberg Activity Centre. Protecting views from the public realm along and across the Burgundy Street valley. Incorporating a combination of articulation, materials and colours to create visual interest. Providing building setbacks that create a sense of openness within the streetscape environment and maintain the amenity of peripheral residential and other sensitive uses. Encouraging development to provide passive surveillance to the streetscape and other public areas. Maintaining sunlight and daylight access to adjoining private open spaces of dwellings in accordance with clause 55. Locating living areas, windows and private open spaces to minimise the potential for overlooking in accordance with clause 55. To promote design that enables environmentally sustainable development. Precinct Plans Under the Overlay, the subject site is located within Precinct 4 of the Heidelberg Specialised and Major Activity Centre, which suggests an overall building height of 25 metres and identifies the following building setback standards: Attachment 2 4.3 Item: 4.3 Attachment 2: Planning Controls ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 100 At the property boundary, the building can be constructed up to a maximum height of 10 metres. Buildings should be setback an additional 1.5 metres for every 3 metres of building height above 10 metres. No additional setback is required above a building height of 16 metres. Importantly, if a proposal does not meet a height or setback standard under the Overlay, it must be demonstrated how a proposal meets the necessary Built Form Design Objectives for the Overlay as outlined above. In terms of how the proposed design responds to the specific building height and setback standards suggested by Design and Development Overlay, the following considerations are relevant. Setbacks The existing approved ground floor level is setback 700mm from Martin Street and the first floor level has a zero setback to Martin Street. This creates a zero lot line to Martin Street to a height of 8.19 metre (which comprises two floor levels and a 1 metre parapet). Above this, the second floor level is setback 1.5m from Martin Street. This creates a 1.5 metre setback to a height of 11.7 metre (comprising three floor levels and a 1 metre parapet). Above this, the remainder of the building, including the proposed additional level, is setback 3 metres from Martin Street. The existing and proposed building setbacks comply with all of these setback standards. Height The ground level of the site falls away from Martin Street so that that height of the building is less to Martin Street than it is to the access lane located to the rear. The overall height of the building as it presents to Martin Street will increase from seven to eight stories with a maximum building height above natural ground level increased from 26.2 metres to 29.5 metres, excluding rooftop plant and equipment of 1.8 metres in height. The maximum height of the building to Martin Street, including roof top plant, will be 31.3 metres. The maximum overall height of the building, when taken from the lowest point of the land (the rear of the site) to the highest point in the building (the rooftop plant and equipment) will increase from 34.62 metres to 38 metres. The maximum height of the approved building will therefore be increased by up to approximately 3.4 metres. The height of the east (rear) elevation of the building (not including the height of the roof top plant screen) will be 36.2 metres. STATE PLANNING POLICY FRAMEWORK The State Planning Policies that are relevant to the proposal are as follows. Attachment 2 4.3Item: 4.3 Attachment 2: Planning Controls ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 101 Clause 12.01 - A more compact city Objective To facilitate sustainable development that takes full advantage of existing settlement patterns, and investment in transport and communication, water and sewerage and social facilities. Clause 12.04 - A more prosperous city Objective To create a strong and innovative economy Clause 12.06 - A fairer city Objective To provide fairer access to and distribution of social and cultural infrastructure. Clause 12.07 - A greener city Objective To minimise impacts on the environment to create a sustainable path for future growth and development Clause 17.01 Economic Development Planning is to provide for a strong and innovative economy, where all sectors of the economy are critical to economic prosperity. Planning is to contribute to the economic well-being of communities and the State as a whole by supporting and fostering economic growth and development by providing land, facilitating decisions, and resolving land use conflicts, so that each district may build on its strengths and achieve its economic potential. Clause 19.02-1 - Health facilities Objective To assist the integration of health facilities with local and regional communities. Strategies Facilitate the location of health-related facilities (including acute health, aged care, disability services and community care facilities) with consideration given to demographic trends, the existing and future demand requirements and the integration of services into communities. Plan public and private developments together, where possible, including some degree of flexibility in use. Locate hospitals and other large health service facilities in areas highly accessible to public and private transport. Adequate car parking facilities should be provided for staff and visitors. LOCAL PLANNING POLICY FRAMEWORK Attachment 2 4.3 Item: 4.3 Attachment 2: Planning Controls ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 102 The following policy is relevant to the assessment of the proposal. Municipal Strategic Statement Clause 21 of the Scheme contains Banyules Municipal Strategic Statement, which provides the policy framework that Clause 65.01 requires the Responsible Authority to consider when deciding on an application. The municipal profile describes the following contextual analysis that is relevant to the development now proposed: 21.01-1 Banyule in context Banyule provides a significant number and range of jobs to the broader region, particularly in the industrial, retail and public sectors. Residents of Banyule also have easy access to the large number of jobs in the surrounding region and central Melbourne. The municipality and its surrounding region also include a significant number of Melbournes educational and health institutions. 21.02 Vision and Strategic Framework It is noted that Heidelberg is recognised as a Major / Specialist Activity Centre on the Strategic Framework Plan at Clause 21.02 of the MSS. 21.04 Land Use 21.04-2 Commercial The City is well served by a hierarchy of Activity Centres that provide important retail, personal, professional and business services to the community and significant employment, and these centres need continued support. Objective 2 Consolidation of commercial uses Facilitate projects that will support business growth, employment and service delivery. 21.04-4 Community Facilities The health and education sectors provide services and employment to the Banyule community and need to be appropriately supported. Availability of community facilities To provide a wide range of high-quality cultural, health, educational and institutional uses, responsive to the existing and likely future needs of the community. 21.06 Built Environment Key Issues The provision of a safe, attractive and high quality built environment. 21.06-1 Objectives and Strategies Objective 1 Safe, attractive and high quality built environment Attachment 2 4.3Item: 4.3 Attachment 2: Planning Controls ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 103 Encourage high standards of design for buildings, works, signage and landscaping Encourage high quality architecture and urban design. Objective 3 Sustainable design Encourage energy and resource efficiency, sustainable transport, pollution reduction, waste management, and improved stormwater quality for building design and site layout, building, infrastructure and landscaping. Encourage environmentally sustainable design principles in new buildings, works and refurbishments. 21.07 Transport and Infrastructure Key Issues The logical and efficient provision, use and maintenance of urban infrastructure must be a central consideration when planning for development and redevelopment. Residents have a high dependency on private vehicles. While some parts of the City have good access to public transport, others do not. Cycling and walking are underestimated as viable modes of transport. 21.07-1 Objectives and Strategies Objective 1 Accessibility Encourage appropriate traffic management and provision of car parking. Encourage new commercial businesses to locate in Banyules activity centres, particularly around transport nodes. Encourage increased use of public transport, particularly to and from activity centres and major employment areas. Encourage the provision of adequate and appropriately located car parking at transport interchanges, activity centres and in association with individual uses. Objective 3 Environmental effects Increase the use of public transport and reduced dependency on private vehicles. Encourage intensive land uses, including medium-density residential development, community facilities and commercial activity, in areas of high accessibility by public transport. Encourage land use and development which facilitates multi-purpose trips. 21.08 Local Places 21.08-2 Heidelberg Specialised and Major Activity Centre Land use and Economic Development Strengthen the wide range of health care, family support and other health related professional services by promoting/locating next to the Warringal and Austin/Mercy hospitals in the Medical Services Precinct and Heidelberg Railway Station Precinct. Built Form To provide new built form that makes a positive contribution to streetscapes and urban form. Attachment 2 4.3 Item: 4.3 Attachment 2: Planning Controls ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 104 Strategies Encourage development that provides an active frontage at the street level. Promote environmentally sustainable design. Establish high quality and distinctive built form outcomes. Identity To ensure that development provides a positive contribution to the preferred identity of Heidelberg. Strategies Ensure new development provides active frontages at the street level. The above criteria reinforce the strategic importance of the subject site within an identified, evolving medical precinct. Whilst previously residential in character, the residential character has gradually given way to a semi commercial / medical character that includes contemporary styled buildings, converted dwellings and carparks. The intensification of this change is encouraged throughout Councils MSS, and is facilitated via the re-zoning of the subject site from Residential 1 to Special Use Zone 3 (via Amendment C60 to the Banyule Planning Scheme). The proposal responds well to the above mentioned objectives and strategies by providing additional medical suites in a building that is: Of a high architectural standard; Responsive to its surrounding built form context; Respectful of Councils expectations for the medical precinct; Designed to provide a high level of amenity for future tenants; Able to make more efficient use of available infrastructure, including existing commercial and public transport facilities; and Incorporates ecologically sustainable design elements including: Window frames and glazing that achieve a minimum 5 star rating, including use of double glazing and low E glass where required; Louvers and open areas on the rear (east) elevation of the car park to reduce reliance on mechanical ventilation; Use of precast concrete panels on north and south elevations, providing good thermal mass; Use of insulation throughout, including minimum R1.5 to walls and R3.5 to roof; Air tight construction; Energy efficient appliances and water saving fittings; A centralised plant to minimise energy loadings; Automated sensor lights to toilet and kitchen facilities. A waste management regime that encourages recycling; and A green travel plan to encourage staff and patients to use nearby public transport and bike paths. Attachment 2 4.3Item: 4.3 Attachment 2: Planning Controls ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 105 LOCAL POLICIES Safer Design policy Clause 22.03 identifies the Policy Objectives as follows: To minimise opportunities for crime, through well designed and well maintained buildings and spaces. To improve community safety and quality of life. To enhance community perceptions of safety and reduce fear. To increase use of public spaces and improve accessibility to public premises. To discourage graffiti and vandalism. The proposed development will provide for passive surveillance of the surrounding streets and laneways via windows and glazed entries. Low level lighting will provide for staff and patient safety, areas of concealment or entrapment are avoided in the design, the carpark entries are secure and all balconies are secure. CURRENT AMENDMENTS Amendment C73 proposes to introduce an Environmentally Efficient Design local planning policy as well as update sections of the MSS to reflect this new policy. This policy applies to all residential and commercial development in the City of Banyule. The amendment commenced exhibition on 28 February 2013 and finished on 29 April 2013. A Planning Panel considered the amendment in November 2013 and the panel report is expected to be issued shortly. Attachment 1 4.4 Item: 4.4 Attachment 1: Property Summary - 33-35 Elwers Street, Watsonia North ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 106 Property Summary: 33-35 Elwers Street, Watsonia Address: 33-35 Elwers Street, WATSONIA Ownership details: Banyule City Council Ward Grimshaw Melway 10E12 Flooding Flooding Unlikely Property area 33 Elwers St: 538m2 35 Elwers St: 539m2 Total: 1077m Parcel number 33 Elwers St: 4297 35 Elwers St: 4299 Parcel description 33 Elwers St: LOT: 65 LP: 76107 35 Elwers St: LOT: 66 LP: 76107 Volume 33 Elwers St: 8796 35 Elwers St: 8796 Folio 33 Elwers St: 952 35 Elwers St: 953 Zoning: Residential 1 Zone Overlays: Vegetation Protection Overlay - Schedule 5 Neighbourhood Character Garden Court Precinct GC1 Agreements/Covenants Nil Easements Drainage/Sewerage Easement at rear of property The two properties located at 33 and 35 Elwers Street, Watsonia North (the subject site) are Council owned properties which are located on the west side of Elwers Street as shown in Figure 1. The properties are bounded on the north and south side by single dwelling residential properties and on the west side by another Council property, 68 Macorna Street, which is the Watsonia North Pre-School. Currently, the properties at 33 and 35 Elwers Street and 68 Macorna Street are a contiguous property of three separate allotments. There are separate titles for the Elwers Street properties. Attachment 1 4.4Item: 4.4 Attachment 1: Property Summary - 33-35 Elwers Street, Watsonia North ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 107 Figure 1: Aerial photograph of subject site (33-35 Elwers Street) and surrounding area The area of the two properties will be 472m2 each after the subdivision has been approved as shown in Figure 2. At present the plan to subdivide has been certified and is waiting registration at land registry. Figure 2: Extract from Plan of Subdivision PS718674R Attachment 1 4.4 Item: 4.4 Attachment 1: Property Summary - 33-35 Elwers Street, Watsonia North ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 108 As shown on the Contour Plan in Figure 3 the subject site has a fall of five metres from the south east corner to the north west corner. Figure 3: Contour Plan (red dashed line denotes easement). Figure 4: Looking east from rear of site Attachment 1 4.4Item: 4.4 Attachment 1: Property Summary - 33-35 Elwers Street, Watsonia North ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 109 Figure 5: Looking south west towards the site History Transfer of land records reveal the former Shire of Diamond Valley purchased the site in 1970 for $8,700. Councils Elwers Street file does not contain any information on the reason for this purchase. Watsonia North Prechool In 1994 the Watsonia North Pre-School wrote to Council requesting to move their rear fence back 10 metres towards Elwers Street. An inspection of the site revealed the pre-school playground already encroached onto the vacant land abutting the rear of the pre-school (subject site). Council refused any further incorporation of the land (subject site) into the schools playground. Council arranged to move the playground from the subject site onto the pre-school site and reinstate the fence to the title boundary in 2013. The sale of the subject site has been subject to discussions with the Watsonia North Pre School in 2011 and 2012. On 27 March 2013 Council wrote to the President of the Watsonia North Pre School formally advising that Council has resolved to proceed with the proposal to sell its property at 33-35 Elwers Street. Planning controls The subject site is included in a Residential 1 Zone (R1Z) and is affected by Vegetation Protection Overlay - Schedule 5 (VPO5). Other Considerations The subject site is not in a Designated Bushfire Prone Area. Arboricultural assessment Attachment 1 4.4 Item: 4.4 Attachment 1: Property Summary - 33-35 Elwers Street, Watsonia North ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 110 As can be seen from the aerial plan in Figure 1, and photos in Figures 4 & 5, there are a number of trees located on the site. An Arboricultural Assessment & Report has been obtained from Stem Arboriculture. A total of six trees were assessed in relation to the site. Five canopy trees exist within the site. One large canopy tree exists in the neighbouring property to the south. The subject trees display varying levels of health, structural condition and usefulness, which is reflected in the retention value assigned to each tree. Of the assessed population three have high retention value and three have medium retention value. The report notes the following: Trees of low retention value are unsuitable for retention, Trees of medium retention value can be retained if site constraints can accommodate tree retention, Trees of high retention value are recommended for retention and should be accommodated within the design process. Current site constraints/encumbrances As shown in Figure 3 a drainage and sewerage easement exists along the western boundary of the subject site which contains a 225mm stormwater drain. An informal path exists in a south westerly direction across the subject site from Elwers Street to the constructed path along the southern boundary of the Watsonia North Pre-school (refer Figure 6). Due to the busy nature of Macorna Street, and the lack of car parking, parents are encouraged to park in Elwers Street and use the path to access the Pre-school. Figure 6: Informal path across the subject path To allow connection between Macorna Street and Elwers Street, Council has applied to subdivide the land as shown in Figure 2. Attachment 1 4.4Item: 4.4 Attachment 1: Property Summary - 33-35 Elwers Street, Watsonia North ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 111 Services Drainage - available Sewerage - available. Water Supply - available Electricity - suitable overhead supply available on other side of the street. Its expected an underground electricity pit will be required on the common boundary of the two lots, approximate cost $4,000. Gas - available Attachment 1 4.5Item: 4.5 Attachment 1: Attach 1 - Request from Association ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 112 Attachment 2 4.5Item: 4.5 Attachment 2: Attach 2 - Proposed Declaration ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 113 PROPOSED DECLARATION OF SPECIAL CHARGE Heidelberg Central Shopping Precinct 1. The Banyule City Council (Council) proposes to declare a Special Charge (Special Charge) under section 163(1) of the Local Government Act 1989 (Act) for the purposes of defraying expenses to be incurred by Council in providing funds to the incorporated body known and operating as the Heidelberg Central Traders Association Incorporated (Traders Association), which funds, subject always to the approval, direction and control of Council, are to be used for the purposes of the appointment of a part time professional marketing coordinator, promotional, advertising, marketing, business development and other incidental expenses as approved by Council and agreed to from time to time between Council and the Traders Association, all of which are associated with the encouragement of commerce, retail and professional activity and employment in the Heidelberg Central Shopping Precinct (Shopping Precinct or Scheme). 2. The criteria which form the basis of the proposed declaration of Special Charge are the ownership of rateable land used, or reasonably capable of being used, for commercial, retail or professional purposes, which rateable land is situated within the geographical area in which the properties described in paragraphs 6 and 7 of this proposed declaration are included and, further, the classification of those properties as receiving a primary secondary or tertiary special benefit. 3. In proposing the declaration of Special Charge, Council is performing functions and exercising powers in relation to the peace, order and good government of the municipal district of the City of Banyule, in particular the encouragement of commerce, retail activity and employment opportunities within the area for which the proposed Special Charge is to be declared. 4. The total cost of the performance of the function and the exercise of the power by Council (in relation to activities associated with the encouragement of commerce, retail activity and employment opportunities in the area for which the proposed Special Charge is to be declared) and also the total amount of the Special Charge to be levied by Council is referrable to an amount of $99,300 which amount, it is proposed, will be levied in each year of the Scheme and Attachment 2 4.5 Item: 4.5 Attachment 2: Attach 2 - Proposed Declaration ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 114 which in total will raise an amount of $695,100 over the seven year period of the Scheme. 5. The period for which the proposed Special Charge is to be declared and is to remain in force is a period of seven years commencing on 1 July 2014 and ending on 30 June 2021. 6. The area for which the proposed Special Charge is to be declared is all of the land referred to as the Shopping Precinct, as identified and shown on the plan set out in the schedule forming a part of this proposed declaration (being Schedule 1). 7. The land in relation to which the proposed Special Charge is to be declared is all that rateable land described in the listing of rateable properties set out in the schedule forming a part of this proposed declaration (being Schedule 2). 8. The contributions to the proposed Special Charge, based on relevant property classifications in relation to primary, secondary and tertiary special benefit, will be declared and assessed in accordance with the Special Charge amounts set out alongside each property in the schedule forming a part of this proposed declaration (being Schedule 2). Properties included in the primary special benefit area will be liable or required to pay a Special Charge of $552 in each year. Properties included in the secondary special benefit area will be liable or required to pay a Special Charge of $276 in each year and properties included in the tertiary benefit area will be liable or required to pay a Special Charge of $223 in each year. 9. The proposed Special Charge will be levied by sending a notice of levy in the prescribed form annually to the person who is liable to pay the Special Charge, which will require that the Special Charge must be paid by four instalments, to be paid by the dates which are fixed by Council in the notice (the instalments being payable on dates not less than 28 days after the date of issue of the notice of levy). 10. Council will consider cases of financial and other hardship, and may reconsider other payment options for the Special Charge. Attachment 2 4.5Item: 4.5 Attachment 2: Attach 2 - Proposed Declaration ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 115 11. Council considers that there will be a special benefit to the persons required to pay the Special Charge because there will be a benefit to those persons that is over and above, or greater than, the benefit that is available to persons who are not subject to the proposed Special Charge, and directly and indirectly as a result of the expenditure proposed by the Special Charge, the viability of the Shopping Precinct as a business, commercial, retail and professional area, and the value and the use, occupation and enjoyment of the properties and the businesses included in the Special Charge Scheme area will be maintained or enhanced through increased economic activity. 12. Council further considers, and formally determines for the purposes of sections 163(2)(a), (2A) and (2B) of the Act, that the estimated proportion of the total benefits of the Scheme to which the performance of the function and the exercise of the power relates (including all special benefits and community benefits) that will accrue as special benefits to all of the persons who are liable to pay the Special Charge is in a ratio of 1:1 (or 100%). This is on the basis that, in the opinion of Council, all of the services and activities to be provided from the expenditure of the proposed Special Charge are marketing, promotion and advertising related and will accordingly only benefit the owners and occupiers of those properties and businesses included in the Scheme that are used, or reasonably capable of being used, for retail, commercial or professional purposes. Attachment 2 4.5 Item: 4.5 Attachment 2: Attach 2 - Proposed Declaration ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 116 Schedule 1 to the Proposed Declaration of Special Charge MAP Schedule 2 to the Proposed Declaration of Special Charge Primary 19 Burgundy Street $ 552.00 1/31 Burgundy Street $ 552.00 2/31 Burgundy Street $ 552.00 2/40 Burgundy Street $ 552.00 3/40 Burgundy Street $ 552.00 4/40 Burgundy Street $ 552.00 6/40 Burgundy Street $ 552.00 7/40 Burgundy Street $ 552.00 8/40 Burgundy Street $ 552.00 37 Burgundy Street $ 552.00 42 Burgundy Street $ 552.00 1/47 Burgundy Street $ 552.00 2/47 Burgundy Street $ 552.00 50 Burgundy Street $ 552.00 52 Burgundy Street $ 552.00 53 Burgundy Street $ 552.00 55 Burgundy Street $ 552.00 57 Burgundy Street $ 552.00 65 Burgundy Street $ 552.00 Attachment 2 4.5Item: 4.5 Attachment 2: Attach 2 - Proposed Declaration ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 117 67 Burgundy Street $ 552.00 71 Burgundy Street $ 552.00 1/81-83 Burgundy Street $ 552.00 2/81-83 Burgundy Street $ 552.00 89 Burgundy Street $ 552.00 92 Burgundy Street $ 552.00 94 Burgundy Street $ 552.00 98 Burgundy Street $ 552.00 100 Burgundy Street $ 552.00 1/101 Burgundy Street $ 552.00 3/101 Burgundy Street $ 552.00 4/101 Burgundy Street $ 552.00 5/101 Burgundy Street $ 552.00 6/101 Burgundy Street $ 552.00 7/101 Burgundy Street $ 552.00 8/101 Burgundy Street $ 552.00 9/101 Burgundy Street $ 552.00 10/101 Burgundy Street $ 552.00 11/101 Burgundy Street $ 552.00 7A/101 Burgundy Street $ 552.00 102 Burgundy Street $ 552.00 104 Burgundy Street $ 552.00 108 Burgundy Street $ 552.00 110 Burgundy Street $ 552.00 112 Burgundy Street $ 552.00 113 Burgundy Street $ 552.00 119 Burgundy Street $ 552.00 121 Burgundy Street $ 552.00 1/120 Burgundy Street $ 552.00 122 Burgundy Street $ 552.00 123 Burgundy Street $ 552.00 124 Burgundy Street $ 552.00 125 Burgundy Street $ 552.00 126 Burgundy Street $ 552.00 129 Burgundy Street $ 552.00 130 Burgundy Street $ 552.00 131 Burgundy Street $ 552.00 134 Burgundy Street $ 552.00 136 Burgundy Street $ 552.00 138 Burgundy Street $ 552.00 138A Burgundy Street $ 552.00 142 Burgundy Street $ 552.00 144 Burgundy Street $ 552.00 146 Burgundy Street $ 552.00 148 Burgundy Street $ 552.00 149 Burgundy Street $ 552.00 150 Burgundy Street $ 552.00 151 Burgundy Street $ 552.00 153 Burgundy Street $ 552.00 152 Burgundy Street $ 552.00 Attachment 2 4.5 Item: 4.5 Attachment 2: Attach 2 - Proposed Declaration ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 118 154 Burgundy Street $ 552.00 156 Burgundy Street $ 552.00 155 Burgundy Street $ 552.00 157 Burgundy Street $ 552.00 158 Burgundy Street $ 552.00 159 Burgundy Street $ 552.00 160 Burgundy Street $ 552.00 162 Burgundy Street $ 552.00 163 Burgundy Street $ 552.00 164 Burgundy Street $ 552.00 169 Burgundy Street $ 552.00 171 Burgundy Street $ 552.00 173 Burgundy Street $ 552.00 174 Burgundy Street $ 552.00 175 Burgundy Street $ 552.00 176 Burgundy Street $ 552.00 177 Burgundy Street $ 552.00 178 Burgundy Street $ 552.00 180 Burgundy Street $ 552.00 181 Burgundy Street $ 552.00 182 Burgundy Street $ 552.00 183 Burgundy Street $ 552.00 184 Burgundy Street $ 552.00 187 Burgundy Street $ 552.00 188 Burgundy Street $ 552.00 190 Burgundy Street $ 552.00 191 Burgundy Street $ 552.00 200 Burgundy Street $ 552.00 Secondary 2/17 Burgundy Street $ 276.00 3/17 Burgundy Street $ 276.00 8A/17 Burgundy Street $ 276.00 8B/17 Burgundy Street $ 276.00 7A/17 Burgundy Street $ 276.00 7B/17 Burgundy Street $ 276.00 1A/31 Burgundy Street $ 276.00 1/40 Burgundy Street $ 276.00 5/40 Burgundy Street $ 276.00 1, 1/40 Burgundy Street $ 276.00 1, 2/40 Burgundy Street $ 276.00 1, 3/40 Burgundy Street $ 276.00 1, 4/40 Burgundy Street $ 276.00 1, 5/40 Burgundy Street $ 276.00 1, 6/40 Burgundy Street $ 276.00 1, 7/40 Burgundy Street $ 276.00 1, 8/40 Burgundy Street $ 276.00 1, 9/40 Burgundy Street $ 276.00 1, 10/40 Burgundy Street $ 276.00 1, 11/40 Burgundy Street $ 276.00 1, 12/40 Burgundy Street $ 276.00 Attachment 2 4.5Item: 4.5 Attachment 2: Attach 2 - Proposed Declaration ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 119 1, 13/40 Burgundy Street $ 276.00 1, 14/40 Burgundy Street $ 276.00 1, 15/40 Burgundy Street $ 276.00 1, 16/40 Burgundy Street $ 276.00 1, 17/40 Burgundy Street $ 276.00 1, 18/40 Burgundy Street $ 276.00 1, 19/40 Burgundy Street $ 276.00 1, 20/40 Burgundy Street $ 276.00 1, 21/40 Burgundy Street $ 276.00 1, 22/40 Burgundy Street $ 276.00 1, 23/40 Burgundy Street $ 276.00 1, 24/40 Burgundy Street $ 276.00 1/47 Burgundy Street $ 276.00 2/47 Burgundy Street $ 276.00 3/47 Burgundy Street $ 276.00 4/47 Burgundy Street $ 276.00 46 Burgundy Street $ 276.00 48 Burgundy Street $ 276.00 5/81-83 Burgundy Street $ 276.00 6/81-83 Burgundy Street $ 276.00 1/89 Burgundy Street $ 276.00 1/94 Burgundy Street $ 276.00 12/101 Burgundy Street $ 276.00 1 Level 2 106 Burgundy Street $ 276.00 2 Level 2 106 Burgundy Street $ 276.00 3 Level 3 106 Burgundy Street $ 276.00 110A Burgundy Street $ 276.00 113A Burgundy Street $ 276.00 1/119 Burgundy Street $ 276.00 2/119 Burgundy Street $ 276.00 3/120 Burgundy Street $ 276.00 5/120 Burgundy Street $ 276.00 6/120 Burgundy Street $ 276.00 124A Burgundy Street $ 276.00 1/132 Burgundy Street $ 276.00 2/132 Burgundy Street $ 276.00 3/132 Burgundy Street $ 276.00 4/132 Burgundy Street $ 276.00 5/132 Burgundy Street $ 276.00 6/132 Burgundy Street $ 276.00 1/153 Burgundy Street $ 276.00 161 Burgundy Street $ 276.00 1/164 Burgundy Street $ 276.00 2/164 Burgundy Street $ 276.00 1/176 Burgundy Street $ 276.00 1/184 Burgundy Street $ 276.00 82 Hawdon Street $ 276.00 86 Hawdon Street $ 276.00 88 Hawdon Street $ 276.00 90 Hawdon Street $ 276.00 Attachment 2 4.5 Item: 4.5 Attachment 2: Attach 2 - Proposed Declaration ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 120 92 Hawdon Street $ 276.00 94 Hawdon Street $ 276.00 451 Lower Road $ 276.00 457 Lower Road $ 276.00 467 Lower Road $ 276.00 473 Lower Road $ 276.00 454 Lower Road $ 276.00 1/460 Lower Road $ 276.00 2/460 Lower Road $ 276.00 3/460 Lower Road $ 276.00 464 Lower Road $ 276.00 472 Lower Road $ 276.00 1/486 Lower Road $ 276.00 4/486 Lower Road $ 276.00 6/486 Lower Road $ 276.00 474-482 Lower Road $ 276.00 60 Mount Street $ 276.00 62 Mount Street $ 276.00 64 Mount Street $ 276.00 66 Mount Street $ 276.00 68 Mount Street $ 276.00 70 Mount Street $ 276.00 72 Mount Street $ 276.00 74 Mount Street $ 276.00 80 Mount Street $ 276.00 84 Mount Street $ 276.00 89 Mount Street $ 276.00 1/100 Mount Street $ 276.00 2/100 Mount Street $ 276.00 101/104-120 Mount Street $ 276.00 106/104-120 Mount Street $ 276.00 108/104-120 Mount Street $ 276.00 203/104-120 Mount Street $ 276.00 104/104-120 Mount Street $ 276.00 201/104-120 Mount Street $ 276.00 204/104-120 Mount Street $ 276.00 202/104-120 Mount Street $ 276.00 1/128 Mount Street $ 276.00 128-130 Mount Street $ 276.00 124-126 Mount Street $ 276.00 7 Villa Street $ 276.00 1/3 Villa Street $ 276.00 2/3 Villa Street $ 276.00 1 Villa Street $ 276.00 4 Villa Street $ 276.00 21 Yarra Street $ 276.00 80 Yarra Street $ 276.00 82 Yarra Street $ 276.00 86 Yarra Street $ 276.00 70 Yarra Street $ 276.00 Attachment 2 4.5Item: 4.5 Attachment 2: Attach 2 - Proposed Declaration ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 121 101 Cape Street $ 276.00 103 Cape Street $ 276.00 109 Cape Street $ 276.00 113 Cape Street $ 276.00 95 Cape Street $ 276.00 68 Cape Street $ 276.00 Tertiary 1A 56 Burgundy Street $ 223.00 2A 56 Burgundy Street $ 223.00 3A 56 Burgundy Street $ 223.00 4A 56 Burgundy Street $ 223.00 5K 56 Burgundy Street $ 223.00 6K 56 Burgundy Street $ 223.00 7K 56 Burgundy Street $ 223.00 1C 56 Burgundy Street $ 223.00 40/56 Burgundy Street $ 223.00 39/56 Burgundy Street $ 223.00 18/56 Burgundy Street $ 223.00 4K/56 Burgundy Street $ 223.00 5A/56 Burgundy Street $ 223.00 20A/56 Burgundy Street $ 223.00 1/56 Burgundy Street $ 223.00 12/56 Burgundy Street $ 223.00 12A/56 Burgundy Street $ 223.00 14/56 Burgundy Street $ 223.00 16/56 Burgundy Street $ 223.00 20/56 Burgundy Street $ 223.00 21/56 Burgundy Street $ 223.00 22/56 Burgundy Street $ 223.00 23/56 Burgundy Street $ 223.00 2/56 Burgundy Street $ 223.00 24/56 Burgundy Street $ 223.00 25/56 Burgundy Street $ 223.00 26/56 Burgundy Street $ 223.00 27/56 Burgundy Street $ 223.00 28/56 Burgundy Street $ 223.00 29/56 Burgundy Street $ 223.00 30/56 Burgundy Street $ 223.00 31/56 Burgundy Street $ 223.00 32/56 Burgundy Street $ 223.00 33/56 Burgundy Street $ 223.00 3/56 Burgundy Street $ 223.00 34/56 Burgundy Street $ 223.00 35/56 Burgundy Street $ 223.00 36/56 Burgundy Street $ 223.00 41/56 Burgundy Street $ 223.00 1K/56 Burgundy Street $ 223.00 2K/56 Burgundy Street $ 223.00 3K/56 Burgundy Street $ 223.00 4/56 Burgundy Street $ 223.00 Attachment 2 4.5 Item: 4.5 Attachment 2: Attach 2 - Proposed Declaration ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 122 5/56 Burgundy Street $ 223.00 6/56 Burgundy Street $ 223.00 8/56 Burgundy Street $ 223.00 9/56 Burgundy Street $ 223.00 11/56 Burgundy Street $ 223.00 Attachment 3 4.5Item: 4.5 Attachment 3: Attach 3 - Survey ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 123 SPECIAL RATE and Charge SCHEME SURVEY For Heidelberg Central Traders Association INTRODUCTION The special rates and charge program that funds the marketing and management activities of the Heidelberg Central Traders Association for the last seven years will expire at the end of June 2014. The rates collected by Council from the tenants and/or owners are matched by Banyule Council to provide a collective annual budget of approximately $170,000. The association has expressed a desire to see a new rate /change declared for another 7 year period commencing July 1 2014 Before Council will commence any formal consideration of a renewal, a review of the current scheme is important to identify achievements, areas for improvement and obtain important feedback from the owners and tenants on a number of aspects of the program. The distribution of this survey is just one mechanism that will be used to get your feedback on recent and past performance as well as ideas for the future. This survey is being conducted, administered and analysed by Council with the support of the Association. Results will be shared with the association to assist in making an informed decision about the future directions and options for another 7 year program. Your feedback is very important please respond to this survey which will be provided to all tenants and owners in the Heidelberg Central precinct If you have any questions please contact Nicole Maslin, Economic Development Officer on 9457 9813. Please complete survey by 4th April , 2014 1. Which of the following categories best describes your business? Please circle the number that is most applicable). Retail Sales 1 Personal service Hair/beauty 2 Professional/ business service 3 Health/Medical 4 Cafe/Takeaway/restaurant/hospitality 5 Community service/not for profit 6 Other _______________________________ (Please write) 7 2. How long has this business been in operation in Heidelberg (please circle the number that is most applicable) Less than one year 1 1-5 years 2 6 to 10 Years 3 Attachment 3 4.5 Item: 4.5 Attachment 3: Attach 3 - Survey ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 124 More than 10 years 4 2b) How long have you owned this business Less than one year 1 1-5 years 2 6 to 10 Years 3 More than 10 years 4 3. In regards to the premise that this business operates from (please circle one). The premise is owned by the business operator 1 The premise is leased by the business operator 2 Rating of Heidelberg Central Precinct 4. Please rate the following aspects of the Heidelberg Central precinct and your operation within it (please circle one number for each aspect) from Excellent to Poor Excellent Very Good Good Fair Poor Cant say The number of customers in Shopping Precinct 5 4 3 2 1 0 The Centre Image and identity 5 4 3 2 1 0 The profitability of your business 5 4 3 2 1 0 The mix of businesses, services and facilities in the Shopping Precinct 5 4 3 2 1 0 The marketing and promotion of the Shopping Precinct 5 4 3 2 1 0 The relationship between the businesses in the Shopping Precinct 5 4 3 2 1 0 The design and style of the Shopping Precinct 5 4 3 2 1 0 The cleanliness and general amenity 5 4 3 2 1 0 Relationship with council 5 4 3 2 1 0 Parking availability 5. In terms of the overall performance of the precinct, looking at the scales below please circle the number that best describes how you feel? a) 10 9 8 7 6 5 4 3 2 1 Performing well Neither Performing Poorly Attachment 3 4.5Item: 4.5 Attachment 3: Attach 3 - Survey ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 125 Very satisfied Dissatisfied 6. Awareness and Importance of Promotion & Marketing Activities The following is a list of the top current and past promotion and marketing activities undertaken by the Heidelberg Central Traders Association. Could you please indicate your Awareness of promotion and marketing activities and the Importance of activity for the future (please tick for each activity) 1 Very aware/very important 2 Moderately aware/moderately important 3 Minimal awareness / minimal importance ACTIVITY Awareness Importance 1 2 3 1 2 3 Trader Newsletter Association Website Heidelberg Central Shopping Dollars Trader Directory ( hard copy distribution 20,000) Trader Diaries Promotional street banners Local newspaper advertising Seasonal Promotions Christmas, Banyule Festival, Easter, Mothers day, Spring Marketing material Heidelberg Central Shopping bags, Magnetic shopping lists What do you think has been the best promotion and marketing activity that has been funded through the special rates and charges? _________________________________________________________________________ _________________________________________________________________________ Do you have any specific ideas for promotion/marketing in the future? _________________________________________________________________________ _________________________________________________________________________ 6b) Awareness and Importance of Capital Works Projects- Physical Improvement The following is a list of the top current and past capital works projects undertaken by the Heidelberg Central Traders Association utilising the Banyule Council matched funding. Attachment 3 4.5 Item: 4.5 Attachment 3: Attach 3 - Survey ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 126 Could you please indicate your awareness of these projects and their importance in the overall program of funded activities 1 Very aware/very important 2 Moderately aware/moderately important 3 Minimal awareness / minimal importance ACTIVITY Awareness Importance 1 2 3 1 2 3 Upgrade and mural painting of Cartmell street walkway Construction of indented car park in Mount street Purchase and installation of street seating Purchase and installation of decorative bollards Purchase and installation of bicycle racks Annual painting of street furniture through precinct Annual graffiti removal project Upgrade of public toilet block ( planned for 2014 ) History Walk feature pavement sections with bronze history plaques ( planned for 2014 ) What do you think has been the best activity funded through the Council matched funding? _________________________________________________________________________ _________________________________________________________________________ 7. Do you have any specific ideas for capital works projects in the future? _________________________________________________________________________ _________________________________________________________________________ Association Management 8. Heidelberg Central Committee The funds for the marketing and management are managed by The Heidelberg Central Traders association with support by the Centre Manager Kim Gibb Council oversees the funds and management through a funding agreement which stipulates reporting requirements. a) Are you aware of the Heidelberg Central Committee Yes No Attachment 3 4.5Item: 4.5 Attachment 3: Attach 3 - Survey ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 127 b) Have you attended any meetings Yes No (including the AGM, business breakfasts or Trader Social nights) c) How would you rate the overall performance of the Committee? (Please circle) Excellent Very good Fair Poor cant say d) Comments on above rating? _________________________________________________________________________ _________________________________________________________________________ 9.Kim Gibb - Centre Manager a) Are you aware of the Centre Manager Yes No b) Have you had contact with the Centre Manager Yes No c) How would you rate the overall performance of the Centre Manager? (Please circle) Excellent Very good Fair Poor cant say d) Comments on above rating? _________________________________________________________________________ _________________________________________________________________________ 10. Banyule Council a) Were you aware (before today) that the Council matches the amount raised from the special rate or charge dollar for dollar? Yes No b) In regards to the Council and their support of your shopping precinct in general and the association how would you rate their overall performance? (Please circle) Excellent Very good Fair Poor cant say 11. Is there anything that you would like to change or improve about the marketing and management of the Centre? Yes No Please comment _________________________________________________________________________ _________________________________________________________________________ Attachment 3 4.5 Item: 4.5 Attachment 3: Attach 3 - Survey ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 128 _________________________________________________________________________ _________________________________________________________________________ 12. From your experience how important do you think the continuation of a rate or charge with council funding is to the ongoing development and success of Heidelberg Central Shopping Precinct (please circle) Very Important Important Neither Not important cant say Comments on above _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ Thank you for your time. Please return this survey by either of the following- Fax - Banyule City Council Economic Development 9457 4690 place in reply paid enveloped and post ( no stamp required) If you require assistance in completing this survey please contact Nicole Maslin at Banyule City Council on 9457 9813 or email nicole.maslin@banyule.vic.gov.au RETURN 4 April, 2014 Contact Details of Business (Optional ) Attachment 4 4.5Item: 4.5 Attachment 4: Attach 4 - Pre intention letter, Council ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 129 Our Ref: Contact Officer Doc Id: Nicole Maslin Tel: 9457 9865 14 March 2014 Dear Heidelberg Business Owner Re: Request to renew Special Charge for Heidelberg Central Shopping Precinct As you may be aware the current seven year Special Charge scheme to collectively market and manage Heidelberg Central Shopping Precinct expires on June 20, 2014. Banyule Council has received a request from the Heidelberg Central Traders Association (the Association) to commence the statutory process to declare a new Special Charge. The proposed Special Charge will be for seven years commencing on 1 July 2014 and concluding on 30 June 2021. The current program raises approximately $85,000 per annum. Council also contributes $85,000 to provide a total budget of $170,000 for the purposes of marketing, business development and physical beautification of Heidelberg Central Shopping Precinct. The attached document provides a thorough overview of the current program, its achievements and proposed activities for the future. The Association has requested the proposed new Special Charge scheme remains the same at $85,000 per annum collectively. Therefore there will be no increase in the Special Charge amount payable that all properties in the scheme are currently paying. It is very important to Council and the Association that any feedback or comments in relation to the current scheme and plans for the proposed scheme are provided by both tenants and owners. A survey with reply-paid envelope is enclosed, and is just one way that you can input into the review and provide ideas and comments. There is also a workshop being conducted on 1 April (details enclosed) which will focus on planning for the next seven years. This will help formulate the new business plan for the Association, which will guide the expenditure of the Special Charge funds and Councils contribution over the seven year period of the scheme, if it is successfully declared. In response to the Associations request for Council to commence the statutory process to declare a new Special Charge, a notice of intention report will be presented to Council in mid- April. I will again write to you, following this meeting, outlining details of the proposed amount payable and the process for tenants and owners to provide feedback and written submissions, before Council makes its decision at a later meeting in July. Attachment 4 4.5 Item: 4.5 Attachment 4: Attach 4 - Pre intention letter, Council ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 130 If you have any specific ideas, questions or comments on the activities of the Association and future plans for Heidelberg Central Traders you are welcome to contact President Lyle Hanvey on 9457 6023 or Centre Manager Kim Gibb on 0408 561 093. If you have any questions of Council please do not hesitate to contact Nicole Maslin or Erica Hardie from Councils Economic Development unit on 9457 9865. Yours sincerely Daniel Kollmorgen Acting Manager Strategic and Economic Development Attachment 5 4.5Item: 4.5 Attachment 5: Attach 5 - Traders Review Document ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 131 Attachment 5 4.5Item: 4.5 Attachment 5: Attach 5 - Traders Review Document ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 132 Attachment 5 4.5Item: 4.5 Attachment 5: Attach 5 - Traders Review Document ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 133 Attachment 5 4.5Item: 4.5 Attachment 5: Attach 5 - Traders Review Document ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 134 Attachment 5 4.5Item: 4.5 Attachment 5: Attach 5 - Traders Review Document ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 135 Attachment 5 4.5Item: 4.5 Attachment 5: Attach 5 - Traders Review Document ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 136 Attachment 5 4.5Item: 4.5 Attachment 5: Attach 5 - Traders Review Document ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 137 Attachment 5 4.5Item: 4.5 Attachment 5: Attach 5 - Traders Review Document ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 138 Attachment 5 4.5Item: 4.5 Attachment 5: Attach 5 - Traders Review Document ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 139 Attachment 5 4.5Item: 4.5 Attachment 5: Attach 5 - Traders Review Document ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 140 Attachment 5 4.5Item: 4.5 Attachment 5: Attach 5 - Traders Review Document ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 141 Attachment 5 4.5Item: 4.5 Attachment 5: Attach 5 - Traders Review Document ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 142 Attachment 1 6.1Item: 6.1 Attachment 1: Summary - Local Government Governance and Conduct Bill ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 143 Attachment 1 6.1Item: 6.1 Attachment 1: Summary - Local Government Governance and Conduct Bill ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 144 Attachment 1 6.1Item: 6.1 Attachment 1: Summary - Local Government Governance and Conduct Bill ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 145 Attachment 1 6.1Item: 6.1 Attachment 1: Summary - Local Government Governance and Conduct Bill ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 146 Attachment 1 6.1Item: 6.1 Attachment 1: Summary - Local Government Governance and Conduct Bill ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 147 Attachment 1 6.1Item: 6.1 Attachment 1: Summary - Local Government Governance and Conduct Bill ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 148 Attachment 1 6.1Item: 6.1 Attachment 1: Summary - Local Government Governance and Conduct Bill ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 149 Attachment 1 6.1Item: 6.1 Attachment 1: Summary - Local Government Governance and Conduct Bill ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 150 Attachment 2 6.1Item: 6.1 Attachment 2: Local Government Amendment (Governance and Conduct) Bill 2014 ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 151 Attachment 2 6.1Item: 6.1 Attachment 2: Local Government Amendment (Governance and Conduct) Bill 2014 ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 152 Attachment 2 6.1Item: 6.1 Attachment 2: Local Government Amendment (Governance and Conduct) Bill 2014 ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 153 Attachment 2 6.1Item: 6.1 Attachment 2: Local Government Amendment (Governance and Conduct) Bill 2014 ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 154 Attachment 2 6.1Item: 6.1 Attachment 2: Local Government Amendment (Governance and Conduct) Bill 2014 ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 155 Attachment 2 6.1Item: 6.1 Attachment 2: Local Government Amendment (Governance and Conduct) Bill 2014 ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 156 Attachment 2 6.1Item: 6.1 Attachment 2: Local Government Amendment (Governance and Conduct) Bill 2014 ORDINARY MEETING OF COUNCIL ON 14 APRIL 2014 Page 157 Attachment 2 6.1Item: 6.1 Attachment 2: Local Government Amendment 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