Brimbank City Council Ordinary Council Meeting Agenda Officer Reports 23

Meeting No. 392 8 September 2015

Report 12.7 - Proposed Sale of Land at 541, 545 and 547 Melton Highway, Sydenham Directorate: Infrastructure and Environment Director: Paul Younis Policy: Local Government Act 1989, Planning and Environment Act 1987,

Subdivision Act 1988, Sale of Surplus Land Policy, Local Government Best Practice Guideline for the Sale, Exchange and Transfer of Land, Creating Better Parks Open Space and Playground Policy and Plan 2008

Attachments: 1: Committee Report to Brimbank Council on a Proposal to Dispose of Land at 541, 545 and 547 Melton Highway, Sydenham

2: Land Assessment Report Purpose For Council to consider the Brimbank Proposed Land Sale Review Committee report and recommendation in relation to the proposal to sell land at 541, 545 and 547 Melton Highway, Sydenham, and make a decision in relation to the proposal. Report 1. Background At its meeting on 14 April 2015, Council resolved to give public notice of its intention to sell Council-owned land at 541,545 and 547 Melton Highway, Sydenham (the land). At its meeting on 28 April 2015, Council resolved to extend the consultation period for four (4) weeks, and request the Chief Panel Member at Planning Panels Victoria (PPV) nominate at least two (2) members to be appointed by Council as a Committee under Section 223 of the Local Government Act 1989 (the Act), to hear submissions in relation the proposed sale of land, and to provide recommendations to Council for consideration. The Brimbank Proposed Land Sale Review Committee (the Committee) was formed, comprising PPV members Rodger Eade, Lynn Sweeney, and Kevin Breen. 2. Consultation Council has undertaken a statutory process in accordance with sections 189 and 223 of the Act. Council gave public notice of the proposal in the Star Weekly and Brimbank Leader newspapers, and distributed an information letter to local residents with details of the proposal to sell the land. Information on the proposal was also available on Council’s website. Nine (9) written submissions were received. A Committee heard from the six (6) submitters requesting to be heard on 20 July 2015. Five (5) submitters spoke objecting to the proposed sale, and one (1) submitter spoke in support. 3. Analysis Committee Report The Committee has provided Council with a detailed report (refer to Attachment 1 to this report). In the report, the Committee has considered all submissions and relevant policy (including policy relating to the disposal of Council-owned land), and has undertaken a strategic policy-based analysis of the proposal.

Brimbank City Council Ordinary Council Meeting Agenda Officer Reports 24

Meeting No. 392 8 September 2015

Report 12.7 - Proposed Sale of Land at 541, 545 and 547 Melton Highway, Sydenham (continued) The Committee has concluded there is no policy impediment for proposed disposal of the land, and there has not been a sufficient case made for the retention of the land by Council for use by any submitter. The submission of St John of God Accord supported the sale of the site, and the organisation has indicated it has an interest in acquiring the site to expand its services (currently undertaken on a neighbouring site). The Committee has recommended that:

Council proceed as proposed with the sale of land at 541, 545 and 547 Melton Highway, Sydenham. Council Officer Analysis Having regard to the Committee’s report and recommendation, and the criteria in Council’s Sale of Surplus Land Policy, it is considered Council should determine to sell the site, as the land: • Is not used for a purpose associated with service provision by Council • Does not contribute to the achievement of a current Council objective • Has no strategic significance to Council on a long term basis, and • Is not required for open space. Refer to Attachment 2 to this report for the Land Assessment Report. Council officers have subsequently met with representatives of one (1) of the submitters, who proposed the development of a bowling green on the land. The purpose of the meeting was for Council officers to provide support to the group in identifying factors the group needed to consider in the development of a proposal for a bowling green. Comment was also was made by a number of submitters regarding the extensive history of the land, with community members expressing the desire to recognise this history. Should Council resolve to sell the land, Council could work with the local historical society to identify suitable historical recognition of the site. 4. Resource Implications Any process to sell the land will be carried out within existing resources. Costs incurred to bring the land to market will be offset against the proceeds of sale. 5. Compliance Statement The recommendation made in this report is consistent with the requirements of the Act, the Planning and Environment Act 1987, the Subdivision Act 1988, the Sale of Surplus Land Policy, the Local Government Best Practice Guideline for the Sale, Exchange and Transfer of Land, and the Creating Better Parks Open Space Strategy and Playground Policy and Plan 2008. 6. Officer Recommendation That Council: a. Having given public notice of its intention to sell the land at 541, 545 and

547 Melton Highway, Sydenham, in accordance with Sections 189 and 223 of the Local Government Act 1989, and having considered the report and recommendation of the Brimbank Proposed Land Sale Review Committee, determines to sell the land.

Brimbank City Council Ordinary Council Meeting Agenda Officer Reports 25

Meeting No. 392 8 September 2015

Report 12.7 - Proposed Sale of Land at 541, 545 and 547 Melton Highway, Sydenham (continued)

b. Authorises the sale of the land at 541,545 and 547 Melton Highway,

Sydenham, by public auction, and if not sold at auction, then by private treaty, subject to Amendment C166 to the Brimbank Planning Scheme being approved, and a small section of footpath at the north-west corner of 547 Melton Highway being retained as ‘road’.

c. Authorises the Chief Executive Officer to accept an offer for the land at

541, 545 and 547 Melton Highway, Sydenham, that achieves the best commercial outcome for Council.

d. Signs and seals the contract documentation relating to the sale of the

land at 541, 545 and 547 Melton Highway, Sydenham.

e. Writes to the submitters advising of Council’s decision to sell the land at 541, 545 and 547 Melton Highway, Sydenham, and the reasons for its decision, including the Brimbank Proposed Land Sale Review Committee’s report and recommendation.

f. Works with the local historical society to identify a suitable, permanent historical recognition the site at 541, 545 and 547 Melton Highway, Sydenham.

Planning and Environment Act 1987

Panel Report

R

Report R

Report to Brimbank City Council

Proposal to sell land at

541, 545 and 547 Melton Highway, Sydenham

Kevin Breen

Rodger Eade

Lynn Sweeney

17 August 2015

Report to Brimbank Council on a proposal to dispose of land at 541, 545 and 547 Melton Highway, Sydenham

Contents Page

Executive Summary ......................................................................................................... i

1 Background ................................................................................................................. 1

1.1 Council processes ...................................................................................................... 1

1.2 Submissions received ................................................................................................. 1

1.3 Appointment and role of Committee ............................................................................. 1

1.4 The Melton Highway Reserve ...................................................................................... 2

1.5 Public hearing ............................................................................................................ 3

1.6 Summary of submissions heard ................................................................................... 4

2 Strategic and Policy Background ................................................................................... 5

2.1 State policy ................................................................................................................ 5

2.2 Local policy and strategies .......................................................................................... 5

2.3 Process related Policy................................................................................................. 5

3 Principles to underpin committee assessment ................................................................ 7

4 Assessment of issues ................................................................................................... 8

4.1 Committee assessment ............................................................................................... 8

4.2 Conclusions and recommendations ............................................................................ 13

Appendix A Committee terms of reference

Appendix B Summary of submissions from public hearing

Report to Brimbank Council on a proposal to dispose of land at 541, 545 and 547 Melton Highway, Sydenham

List of Figures Page

Figure 1 Subject Site at 541, 545 and 547 Melton Highway Sydenham .............................................. 3

Page i

Executive Summary

Summary

Council proposes to sell a parcel of land at 541, 545 and 547 Melton Highway Sydenham, as it regards it as surplus to its requirements for open space purposes. The Melton Highway Reserve is some 8,121 square metres and is the site of a former hall which was used from the 1930s. It was sold to the former Keilor Council in the mid 1970s for a token $1. The hall fell into disrepair and was demolished in the early 1990s. It is clear that the hall had historical significance and played a significant role in community life.

The site is identified as a Local Reserve in Creating Better Parks: Brimbank Open Space and Playground Policy and Plan, 2008. The site is in the Neighbourhood Residential Zone Schedule 3. It is proposed by Council to be rezoned to General Residential Zone.

In April 2015, Council considered a proposal to sell the site and appointed an independent Committee to hear submissions to the proposal to sell the site. The Committee met and heard from six submitters on Monday 20 July 2015.

The Committee has considered all submissions, relevant policy including policy relating to the disposal of Council owned land and concludes that there is no impediment in policy to the disposal of the Melton Highway Reserve.

The Committee has undertaken a strategic policy based analysis and has concluded that there has not been a sufficient case made for the retention of the site by Council for use by any submitters.

The submission of St John of God Accord supported the sale of the site and it has indicated that it has an interest in acquiring the site to expand the activities which it currently undertakes on a neighbouring site.

The Committee concludes that it sees no impediment to the sale of the site at 541, 545 and 547 Melton Highway Sydenham.

Recommendation

Based on the submissions made, its analysis and discussion of those submissions and consideration of the strategic underpinnings of the proposal it has considered, the Committee recommends that:

1. That Council proceed as proposed with the sale of the land at 541, 545 and 547 Melton Highway Sydenham.

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1 Background

1.1 Council processes

At its meeting on 14 April 2015, Council resolved to give public notice of its intention to sell Council owned land at 541, 545 and 547 Melton Highway Sydenham (the Melton Highway Reserve1), to invite submissions on the proposal until 26 May 2015 and to appoint two Administrators to a Committee to hear submissions with respect to the proposed sale of the land. The notice included direct advice to adjoining land owners.

As a result of correspondence from the recently formed Sydenham Bowls Club Council, at its meeting of 28 April 2015, resolved to extend the period of consultation for a further four weeks. At that meeting Council further resolved to request the Chief Panel Member at Planning Panels Victoria to nominate at least two members to be appointed by Council as a Committee under section 223 of the Local Government Act 1989, to hear submissions with respect to the proposed sale of land and to provide recommendations to Council for its consideration.

1.2 Submissions received

As a result a the public notice given, submissions regarding the proposed sale of land at 541, 545 and 547 Melton Highway Sydenham were received from:

St John of God Accord

Mr Tom Hickey Kororoit District Commissioner, Scouts Australia, Victorian Branch

Ms Maria Vamvakinou MP (Federal Member for Calwell)

Mr Peter Ward

Ms Therese and Mr Phillip Johns

Mr Richard Carthew, Sydenham Bowls Club

Mr David Anderson, Sydenham and District Historical Society

Mr George Johnstone

Ms Natalie Hutchins MP, State Member for Sydenham

1.3 Appointment and role of Committee

As indicated above, at its meeting of 28 April 2015, Council resolved to request the Chief Panel Member at Planning Panels Victoria to nominate at least two members to be appointed by Council as a Committee under s223 of the Local Government Act 1989, to hear submissions with respect to the proposed sale of land at 541, 545 and 547 Melton Highway, Sydenham.

The Committee appointed by Council comprised:

Kevin Breen

Rodger Eade (Chair)

Lynn Sweeney

1 This is the shorthand name for the site adopted by the Committee for use in this report and not its formal name.

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The members of the Committee have extensive experience in strategic and statutory planning, urban economic analysis, open space planning and corporate governance (through their roles as Directors). Two of the members have senior experience at local government level and the other is a former elected Councillor. All have extensive experience in processes such as the proposed sale of the Melton Highway Reserve, through Planning Panels Victoria and other similar work for local government.

The terms of reference of the Committee are attached at Appendix A.

The Committee received relevant information from the Council, including policies, reports to, and minutes of, relevant Council meetings and further information which was requested at the public hearings. The Committee was also briefed by senior officers on the background to the proposal.

1.4 The Melton Highway Reserve

The Melton Highway Reserve has a street address of 541, 545 and 547 Melton Highway Sydenham. It is a flat site of some 8,121 square metres. The site has a small number of trees near the frontage, surrounding what the Committee understands are the remaining foundations of the hall which once occupied the site and near the rear boundary of the site.

There are currently no improvements on the site.

The site is currently in the Neighbourhood Residential Zone, Schedule 3. A Committee appointed by the Minister for Planning has considered a rezoning of the site to General Residential Zone as part of Amendment C166 to the Brimbank Planning Scheme. The report of that Committee had not been released at the time of the hearing.

The Melton Highway Reserve is designated as a local reserve in the Creating Better Parks: Brimbank Open Space and Playground Policy and Plan, 2008 (Creating Better Parks). A further local reserve, Sydenham Basin Reserve is located some 150 metres west of the subject site.

The site is abutted on its eastern and southern sides by relatively recent residential development which is generally two storeys in height. To its west is a day centre for people with an intellectual disability and operated by St John of God Accord.

The Committee understands that the Melton Highway Reserve was originally donated to the community by landholders with one lot being set aside for the purpose of a ‘public hall’ and a further lot set aside for the purpose of ‘church’. These purposes were registered on the land title. During the 1930’s an existing hall was transported by bullock wagon from another site and re-established on this site. The Committee was advised that the hall played an important role in the Sydenham community over many decades, playing host to dances, community events, fund raising activities during World War 2 and also was the base for organisations such as the Scouts.

Following the use of the hall on the Melton Highway Reserve for many years under the management of a community based committee of management. The committee eventually wound up and transferred the ownership of the hall and site to the former Keilor Council (one of the Brimbank Council’s predecessor Councils) for the nominal price of $1.

The Council appointed a Committee of Management for the hall, however, the required improvements to the hall were not made and in the 1990’s the state of repair of the hall was such that the decision was made to demolish it. The understanding of the respective responsibilities of the former Keilor Council and the Committee of Management differ and it is not clear to this Committee where those responsibilities actually lay. The Committee has not pursued this issue in detail as it is not germane to its responsibilities under its terms of reference.

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Brimbank Council made application to the then Department of Sustainability and Environment in October 2004 for the removal of the restrictions on title which was approved by the Governor in Council in April 2005. The Committee was informed that the application to remove the restrictions on title was a Council officer initiative, as such an application did not require the formal approval of Council.

What is clear to the Committee is that the Council is the owner of the site, the site is unencumbered on title, the hall no longer exists and that the site is vacant and suitable for other purposes.

Further it is clear to the Committee that the former hall had important historical connections for the community and played a central role in the development of that community. However successive Councils have relocated and developed key community and Council functions to other nearby sites, most notably the Watergardens Activity Centre. There is some dispute about the transfer, safe keeping and responsibility for various historical artefacts associated with the site and the Committee makes no comment on this save to say that there do not appear to be any historical artefacts still located on the Melton Highway Reserve.

The need for the site for uses such as lawn bowls or for scouting activities is directly addressed in section 4 of this report. The issues raised in relation to these uses aside, the Committee understands the position put by Council that other locations have been provided for community and recreation uses and that the Council sees no need to retain the site for its purposes.

The Melton Highway Reserve is illustrated in Figure 1,

Figure 1 Subject Site at 541, 545 and 547 Melton Highway Sydenham

1.5 Public hearing

A public hearing for the consideration of the proposed sale of the land was held in the Conference Room at the Keilor Municipal Offices, 704b Old Calder Highway Keilor commencing at 5:30pm on Monday 20 July 2015.

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Members of the Committee indicated that they had no conflict of interest with respect to this matter. The Committee Chair indicated that he had been Chair of the Committee that heard submissions with respect of Amendment C166 to the Brimbank Planning Scheme.

Members of the Committee visited the Melton Highway Reserve.

In a verbal presentation at the public hearing, Mr Paul Younis, Director of Infrastructure and Environment, Brimbank City Council provided a history of the proposal to sell the Melton Highway Reserve.

Submitters who wished to be heard were allocated 5-10 minutes to make verbal presentation before the Committee.

1.6 Summary of submissions heard

A summary of proceedings including a summary of verbal submissions is attached at Appendix B. Set out below is the Committee’s understanding of the main themes raised in submissions:

The site has strong historical significance in the history of the broader Sydenham district

The recently formed Sydenham Bowls Club have identified the site as appropriate for the development of facilities which they require

Council should be congratulated for the work that they have done in developing open space but there is still a shortage of it in the area and for this reason the Melton Highway Reserve should be retained

The site is valued by the community and should be retained for community use in line with the wishes of the original donors

Scouts Australia would like to develop a facility on the site as currently there is no facility in the area suitable for use by them, resulting in them having to use less suitable facilities in Taylors Lakes

St John of God Accord, a neighbouring land owner, has expressed support for the sale and an interest in purchasing the site if it is offered for sale.

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2 Strategic and Policy Background

This section of the report outlines relevant State and local government policy. In both the provision of open space and the disposal of any Council owned land, Council is required to adhere to or take account of relevant State Government policies and guidelines and Council’s own policies as relevant.

2.1 State policy

As the Melton Highway Reserve was created as part of the subdivision process and performs an open space function the State Planning Policy Framework is relevant.

State Planning Policy Framework

The State Planning Policy Framework at 11.03 has as its objective:

To assist creation of a diverse and integrated network of public open space commensurate with the needs of the community.

The local policy listed in section 2.2, implements this at the local level.

2.2 Local policy and strategies

Creating Better Parks: Brimbank Open Space and Playground Policy and Plan, 2008

Creating Better Parks: Brimbank Open Space and Playground Policy and Plan, 2008 is a strategy which undertakes a detailed open space audit, establishes principles and policy for the future development of open space in the municipality and classifies open space in Brimbank as one of:

District Parks

Suburban Parks

Neighbourhood Parks (including playground equipment and within 500 metres walk of residents

Local Reserves

Waterways

The Melton Highway Reserve is classified as a Local Reserve in Creating Better Parks. In the strategy the function of local reserves is described as follows:

Mainly linkages, easements and parks which provide areas for relaxation and ‘kick about’, as well as contributing to the visual amenity of surrounding residential areas. These parks would comprise only grass, with some pathways, and trees in most.

Facilities

With the exception of some pathways, there will be no facilities in local reserves

The Melton Highway Reserve appears appropriately classified due to the lack of facilities. The Committee was provided with no evidence that there is any current use of the site as a linkage or space that is used for relaxation and ‘kick about’. Council officers advised the Committee that the classification as a Local Reserve was a default classification due to its mere existence as undeveloped Council owned land, rather than having any proper role in the open space hierarchy.

2.3 Process related Policy

There is State legislation and guidelines and local policies which are relevant to the proposed sale of the Melton Highway Reserve.

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These are as follows:

Local Government Act 1989

Section 223 gives the right for submissions to be heard by a Committee appointed by Council. This Committee was appointed under this section.

Planning and Environment Act 1987

Sections 191-194 of the Planning and Environment Act 1987, gives Council the authority to appoint a Committee to hear submissions in relation to a planning matter prior to Council making a final decision.

Subdivision Act 1988

Section 20 of the Subdivision Act 1988 sets out certain things Council can do or must do with respect to land for open space.

Local Government Best Practice Guideline on the sale, exchange or transfer of Land, DPCD, 2009

This Ministerial Guideline sets out procedures and practices to be followed by local government in disposing of surplus land. The first section of this guideline sets out the legal obligations of Council in disposing of land as set out in the Local Government Act 1989. The second section sets out some best practice principles which aim to ensure a transparent process and to ensure that the community receives the maximum benefits from the sale of a property. These cover the preparation of the land for sale, the procedures to be followed in the sale process and dealing with issues such as site contamination.

Sale of surplus land policy, 2014

A City of Brimbank Policy which sets out that land should be retained except where the following criteria apply:

a. The land is no longer used or is not used for a purpose associated with service provision by Council.

b. The land is not being used for its originally intended purpose. c. The land (being used for a Council service) has a net realisable value for another purpose

which is significantly greater than the cost of re-establishing the service on another site. d. The land does not contribute to the achievement of a current Council objective. e. The land has no strategic significance to Council on a long term basis. f. The land is identified in a Study commissioned and adopted by Council as being surplus to

requirements (e.g. Open Space Study).

Governance (Meeting Procedure) Local Law No. 1, 2015

The local law which sets out procedures followed by this Committee in the public hearing.

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3 Principles to underpin committee assessment

The Committee is of the view that any decision to sell surplus Council land should have strong strategic and policy underpinnings.

The Committee considers the following broad principles are the appropriate base for its identification and discussion of issues, and the recommendations which it makes to Council.

(i) Is the proposed sale consistent with and implements State and local policy and strategies?

Strategy and policy is relevant at two levels, firstly the appropriateness or otherwise of the site which is proposed for sale and secondly to the process proposed to be followed for the sale of sites deemed no longer required for public purposes. In section 4, both aspects are discussed.

The principle is that the decision to sell a site should implement local strategy and policy

(ii) Is there a clear strategic basis underpinning to the decision to sell a particular site?

The importance of the site in local policy and strategy is addressed under (i) above. However the Committee is of the view that there should also be a clear strategic reason for why a particular site or sites have been identified for sale from amongst a significantly longer list of sites which might be sold. The Committee notes that there are some 123 ‘Local Reserves’ identified in Creating Better Parks. The decision to sell a site should include an assessment of whether there is a need to retain the site.

The principle is that a site which is identified for sale should not be needed for Council strategic purposes and have been assessed in the context of other sites which might be excess to requirements.

(iii) Does the site serve any particular local purpose including providing desirable connectivity?

This principle has been included particularly in respect of the Committee’s assessment of the site at 5 McCoubrie Avenue Sunshine West, but for consistency of approach it is also applied to the proposed sale of the site being considered here.

The principle is whether the site performs any significant function in a workable and connected local community.

(iv) Is there an identifiable community ‘ownership’ of the site?

The Committee of the view that sometimes when all the ‘objective’ strategic principles and criteria have been applied, there remains a somewhat difficult define community attachment to, or ‘ownership’ of, a particular site which comes through in the public processes. It is the Committee’s view that this should be considered as part of the overall assessment.

The principle is whether there is any significant identifiable and demonstrable community ‘ownership’ of the site.

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4 Assessment of issues

This section of the report assesses the proposal to sell the site at 541, 545 and 547 Melton Highway Sydenham against the principles set out in section 3.

4.1 Committee assessment

(i) Is the proposed sale consistent with and implements State and local policy and strategies?

As indicated in section 3, under this heading both the function of the Melton Highway Reserve in the open space hierarchy and process related policy issues are considered.

The relevant state policy relating to the provision of open space identified in section 3, is broad brush and for this reason the Committee confines its assessment of policy to relevant local policies.

Creating Better Parks identifies the Melton Highway Reserve as a Local Reserve. The Committee is of the view that this is an appropriate classification given the lack of improvements currently on the reserve. Whether there is a specific need to retain this reserve for open space purposes in addressed in later parts of this section of the report. The Strategy is silent on the disposal or long term retention of Local Reserves. The Committee does understand that as a Local Reserve no commitment is made to funding improvements to the site.

With respect to processes being followed by Council in proposing the sale of the Melton Highway Reserve, the Ministerial Guideline outlined in section 2 is relevant. In Council reports, the briefing given to the Committee and the presentation to the Committee by Mr Younis, the Committee can see no evidence that the requirements of the Local Government Act 1989, as summarised in the Ministerial Guideline have not been followed with respect to the required notification and the hearings that have been held under the provisions of section 223 of the Act. Indeed the fact that Council has appointed an independent Committee demonstrates a clear desire by Council to ensure that processes are as transparent as possible.

There are clearly some requirements of the Act which have not been fulfilled at this stage, including obtaining a valuation of the site. However these are requirements to be met before the sale takes place, not necessarily before the Committee processes are concluded. Similarly most of the principles set out in the Guideline relate to parts of the process yet to be undertaken. Principle 5 requires that the land be appropriately zoned prior to sale. The surrounding sites are in the Neighbourhood Residential Zone Schedule 3, albeit currently proposed to be rezoned to General Residential Zone.

It is not clear in Council’s Sale of Surplus Land Policy whether land should be retained if any or all of the criteria apply. In the officer report to Council on 14 April 2015 the Melton Highway Reserve is assessed as surplus to Council’s needs. Given its status in Creating Better Parks the Committee understands this argument.

The Committee is of the view that most of the six criteria for the disposal of land listed in the Policy and set out in section 2.3 are met. However the Committee also notes that criterion ‘f.’ requires that the land be identified in a study commissioned by Council as being surplus to requirements. Whilst assuming that this is not a necessary condition, the Committee is concerned that there has been no study undertaken that the Committee has been made aware of that identifies the Melton Highway Reserve as being more appropriate for sale than other of the more than 120 local reserves in the municipality. Because this has not occurred the Committee is of the view that it should determine whether there is a

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strategic basis to underpin a recommendation to Council. That assessment is set out in the next section of the report.

A further policy test for the proposal to sell the Melton Highway Reserve is whether the requirements of s20(4) of the Subdivision Act 1988 (below) regarding the Sale/Exchange of Public Open Space is met.

s20. What must the Council do with public open space?

(4) Public open space can be used for municipal purposes in accordance with the planning scheme, or sold only if the Council has provided for replacement public open space.

There was evidence from the Council that there is adequate provision for replacement public open space as stated in the Council report:

This area of Sydenham is serviced by Sydenham Basin Reserve (approximately 150 metres to the west of the site, on Melton Highway) which is also a local park, and contains a barbeque area and picnic facilities. This reserve is well used by local residents for passive recreation opportunities such as dog walking and ball games.

Delbridge Drive Reserve (to the south), designated as a ‘Suburban Park’ under the Plan, is also located within 500 metres of the site and is proposed for upgrading in 2016/2017. The upgrade will include a new play area, picnic area and shelter, barbeque facilities and a circuit path.

Other open spaces to the south of the site include Stagecoach Reserve, which was upgraded to a ‘Neighbourhood Park’ in 2012 and provides a quality park facility with a play area, basketball court and seating, and Overton Lea Park (programmed to be upgraded to a ‘Neighbourhood Park’ in future) which currently provides a good standard of park facilities including a shelter, barbeque area and playground.

(ii) Is there a clear strategic basis underpinning to the decision to sell a particular site?

As indicated the Committee considered whether there is a strategic basis to the potential sale of at 541, 545 and 547 Melton Highway Sydenham. The Committee’s strategic analysis has been informed by submissions, data provided by Council, an unaccompanied site visit and the Committee’s professional assessment and judgement.

The key documents and policies guiding the Committee’s considerations were Creating Better Parks and Council’s Sale of Surplus Land Policy.

The broad policy outcome of Creating Better Parks is summarised in the document as:

Parks are important places, providing communities with spaces to exercise, socialise and relax. Well developed parks contribute to the physical and mental health of residents, create better connected communities, make a significant contribution to the character of neighbourhoods and help protect natural environments and cultural heritage.

This policy and plan directs the provision of parks and playgrounds to meet the needs of existing and future communities and create an attractive, integrated, accessible and comprehensive open space network.

As indicated above, the Melton Highway Reserve is nominated as a Local Reserve, the fourth category of open space in the five level hierarchy of open space adopted across the Brimbank municipality under

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Creating Better Parks. The analysis of the range of open space reviewed in the Creating Better Parks characterises Local Reserves as:

Any remaining reserve areas. Mainly linkages, easements and parks which provide areas for relaxation and ‘kick about’, as well as contributing to the visual amenity of surrounding residential areas. These parks would comprise only grass, with some pathways, and trees in most.

The equitable distribution of parks and reserves within an open space network is dependent on accessibility by residents and visitors to an appropriate range of open spaces. Creating Better Parks contains a relevant policy principle regarding Access:

To provide accessible parks and a variety of recreational opportunities, Council will develop a walking and cycling network which is integrated with the park network.

Creating Better Parks is silent on a process to rationalise open space through a disposal and acquisition a program to achieve a better distribution of open space and park improvements.

It is implied that a program of rationalising open space may be required when the Creating Better Parks notes, under a final Funding section:

Implementing the recommendations of this policy will require a substantial increase in park funding. These funds will be sourced from: -

• General Council Revenue

• Developer Contributions

• A wide range of grants

• Private developers in new estates

• Partnership approaches

• A transparently managed Park Development Fund is proposed as a mechanism for and reinvestment of Councils ongoing review of land holdings.

The Committee was advised by the Council that the mechanism of the Park Development Fund has not been established to guide a reinvestment of its land holdings. In the absence of such a mechanism there is no explicit comparative strategic analysis on which decisions to rationalise open space are based. At the same time the Committee notes that the concept of open space rationalisation is foreshadowed in Creating Better Parks and Council does periodically review its land holdings. The Council and community would benefit from the development of an explicit review of Council’s total open space land holdings to establish the Park Development Fund as a legitimate mechanism to fund its recognised and, by many accounts, well regarded program of open space network improvements. Submitters commented favourably on the outcomes of Creating Better Parks and the development of high quality parks and trails as part of an open space network.

In this context, the Committee considered that it is reasonable for Council to consider the future role of the Melton Highway Reserve as part of the open space network. The question for the Committee then became whether the Melton Highway Reserve plays an effective function under the Creating Better Parks open space hierarchy.

The history of the site, its location on a busy, divided road and the fact that no submissions were made about any current function as casual open space, suggests to the Committee that this site, despite being classified as a Local Reserve in the Creating Better Parks open space hierarchy, does not and would not play any functional role as a Local Reserve. In its inspection of the site the Committee saw

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no evidence that it was used for recreation purposes. No evidence was tendered that supported that the site is currently used as casual open space. It is not readily accessible to the local community due to the lack of connectivity to the local street network and its location on a major divided highway further mitigates its potential to play a functional role in serving an open space network in Brimbank.

Council maintains that the area’s access to open space under Creating Better Parks will not be compromised when they state in the report to Council:

An assessment of local open space needs in line with the Plan confirms all residents of this area of Sydenham will continue to be within 500 metres of a play area and open space if the site is sold

If the site does not fulfil a role in the open space hierarchy, the issue becomes whether the site should be diverted for another purpose, either directly for a recreation or community use or any other use or its monetary value realised through a sale and Council reinvesting the funds for a higher and better purpose.

In following the processes preceding a proposed sale of land as set out in Section 189 of the Local Government Act, Council received three submissions proposing other uses for the Melton Highway Reserve and these submissions are considered below.

In its consideration of the submissions the Committee notes that Council is obliged to hear and consider the submissions but the Act does not oblige Council to act in any particular way in response to the submissions.

In forming its advice and recommendations to Council the Committee had regard as to whether there was any compelling case made to retain the site for any of the proposed non open space purposes.. In the Committee’s view that case would need to have three components as follows:

A compelling case for facilities for the proposed activity

A compelling case for the activity to be located on the Melton Highway Reserve

A compelling case for Council to have primary responsibility to provide land to meet the particular need.

The Committee heard from two submitters, the newly formed Sydenham Bowls Club and the Scouts Australia, who wish to have the site set aside for another specific purpose to meet their groups’ needs. A third organisation, St John of God Accord, wish to purchase the site to expand their adjacent adult training and support service.

1. The Sydenham Bowls Club recently formed in February 2015 and is yet to be formally incorporated. They believe there is a need for a bowls club in the area and according to their written submission they were about to approach Council with a plan to construct a lawn bowls facility on the Melton Highway Reserve when they learnt of the Council proposal to sell the site.

In response to the Committee’s request for further information, the Council referred to their 10 year Sports Facility Development Plan released in mid 2012. In relation to the sport of bowls, the study concludes:

There are currently five bowls clubs within Brimbank, three which are privately owned. The two clubs operating on Council land use a total of four bowling greens.

Bowls Victoria reports a decline in membership in the Western Region over recent years. It is noted that clubs in other parts of Melbourne have significantly

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increased the usage of greens through casual use. This is an area that requires work in Brimbank, however there is no identified need for additional bowling facilities in Brimbank.

In considering the request by the nascent Sydenham Bowls Club for the Council to retain the site to establish their club facilities, the Committee was provided with insufficient evidence to conclude that the site should be retained for this purpose. The Committee had regard to the relatively recent Sports Facility Development Plan that does not support the need for additional bowls facilities across Brimbank. Further, as three of the current five bowls clubs are privately owned, it is arguable that local government should not be the assumed provider of land for a bowls club.

2. The Scouts Association (Kororoit District) wishes to acquire the Melton Highway Reserve through negotiation and construct a facility to accommodate their needs, five evenings per week and presumably on weekends. This would enable the Taylors Lakes Scouts to relocate and expand in an appropriate facility. They would offer community use at a modest fee for compatible organisations, however they note that this additional community access would be quite limited given that the scouts would heavily use the proposed facility.

The Scouts Association provided additional subsequent information about facilities and Scout groups operating in Brimbank. There are eight scout groups operating in Brimbank, not five as the Council had previously advised, and two groups operate out of non-Council facilities.

The Scout Association confirms that the Taylors Lakes Scouts do not have a designated facility and have not been able to negotiate a site with Brimbank. The Taylors Lakes Scouts claim they are forced to use other temporary sites as well as the Nixon St Scout Hall, making it very difficult to run a Taylors Lakes Scouts group.

The Committee believes that despite there being apparent demand for a Scout facility it is not appropriate that the Council set aside the Melton Highway Reserve for this single purpose to meet only a sectional need. There was no evidence provided that a site of this size was required, nor was there any assessment of the compatibility of the proposed use and the abutting residential uses. The Council has provided a general multi-purpose community facility, the Sydenham Community Hub, at the nearby Watergardens Gardens Shopping Centre, approximately one (1) kilometre away from the Melton Highway Reserve. Although it is accepted by the Committee that the particular needs of the scouts cannot be met in the Sydenham Community Hub, it is felt that the implied cost to the Council of foregoing the value of the site is a disproportionate benefit to a single group when the sale funds could be applied to strategically justified open space purposes elsewhere Further, in the Committee’s general experience of local government it notes that while local government has often provided sites for scout halls by setting aside part of an open space area, by no means are they the only provider of sites for scouting activities and clubs. Scout facilities and the sites on which they are built can be variously owned by the Scouts themselves or built on leased sites from other public authorities and scouting activities often occur in shared community facilities, schools and church halls.

3. St John of God Accord occupies the facility next door to the Melton Highway Reserve where they provide an Adult Training and Support Service for young adults with a disability. They have submitted that they are interested in purchasing the Melton Highway Reserve to expand their program for people with an intellectual disability in the western region. They make no request for other special consideration. In their verbal submission they indicated that they support 70 program participants in their current facility which has operated for some 15 years.

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Demand for their service is increasing significantly, especially with the advent of the National Disability Insurance Scheme. The Committee notes that they support the sale of the Melton Highway Reserve and if they are able to purchase it they indicated that an expanded set of facilities could include a space that the Scouts could use after hours, which may well suit the Scouts’ evening and weekend requirements.

(iii) Does the site serve any particular local purpose including providing desirable connectivity?

The Committee is satisfied that the Melton Highway Reserve performs no role in providing local connectivity. There are no paths on the site either formal or informal and there is no access to the site other than from Melton Highway, therefore no opportunity to use the site to access properties to the sides or to the rear.

(iv) Is there are identifiable community ‘ownership’ of the site?

The Committee was provided with strong and passionate submissions regarding the history and importance of the site and previous hall to the local community up until its demise in 1990 but especially during the war years and in the early years of residential growth in the area. Clearly, the loss of the community hall on the site has been a bitter disappointment to those who remember the importance of the site in the history of the development of the community. The dispersal of the memorabilia has added to this sense of loss.

The ‘community ownership’ issues raised in submissions are based on the desire to honour the contribution of early settlers and to make something of the opportunity for an additional community use rather than sell it off. Countering this view is the lack of a clear view as to what the community use for the site should be. Council has submitted that it is required under s 20 of the Subdivision Act 1988, to reinvest proceeds from the sale of open space into other open space or recreation facilities.

The Committee is of the view that the local significance of the site is related to the hall which was once located on the land and the community role which it had and does not believe that the site itself has any intrinsic local significance now. In saying this, the Committee acknowledges that the site was made available by local farmers for the purposes for which it was used for more than half a century.

The Committee has clearly heard that submitters believe that the contribution of the early community could be better integrated into current facilities.

The Committee urges Council to work with relevant community organisations to ensure that the history of the community continues to be well represented in enhanced open space and recreation facilities benefit from the sale of the site.

4.2 Conclusions and recommendations

Based on the discussion and analysis above, the Committee concludes:

There is no impediment in process oriented policy to the sale of the Melton Highway Reserve

The appropriate processes to sell the site have to date been appropriately followed by Council

The Council and the community would benefit from a review of its total open space land holdings

That no submitter has made a sufficient case that the Melton Highway Reserve be retained by Council for their use.

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That the historical significance of the site relates more to the former hall and the community uses it facilitated rather than specifically to the site itself

The Committee recommends:

1. That Council proceed as proposed with the sale of the land at 541, 545 and 547 Melton Highway Sydenham.

Appendices

Appendix A Committee terms of reference

Appendices

Terms of Reference

Brimbank Proposed Land Sale Review Committee

For 5 McCoubrie Avenue, Sunshine West, and 541, 545 and 547 Melton Highway, Sydenham.

Name 1. The Committee is to be known as the Brimbank Proposed Land Sale Review Committee

(the Committee).

Purpose 2. The purpose of the Committee is to:

a. Re-hear submissions received in relation to the proposed sale of 5 McCoubrie

Avenue, Sunshine West, as a committee established under section 223 of the Local Government Act 1989, and provide recommendations to Council for consideration.

b. Hear objections received in relation to planning permit application P191/2015 as a committee established under section 191 of the Planning and Environment Act 1987, and provide recommendations to Council for consideration.

c. Hear any submissions received in relation to the proposed sale of 541, 545 and

547 Melton Highway, Sydenham, as a committee established under section 223 of the Local Government Act 1989, and provide recommendations to Council for consideration.

Background 3. Brimbank City Council has proposed to sell two areas of public land.

4. At its meeting on 14 October 2014, Council resolved to give public notice of the

proposal to sell the land at 5 McCoubrie Avenue, Sunshine West, and invite written submissions from interested parties in accordance with the Local Government Act 1989.

a. Written submissions were received from 97 parties.

b. Nine (9) parties were heard by a committee convened under section 223 of the

Local Government Act 1989 on 2 December 2014.

c. Having considered the submissions at its meeting on 10 March 2015, Council resolved to sell the land.

d. On 28 April 2015, Council resolved to put on hold enacting its decision of 10 March 2015, pending the establishment of the Committee and receiving its recommendations.

Appendices

e. On 5 May 2015, the 97 submitters were advised of Council’s decision to establish the Committee, that their previous submission would be referred to the Committee, and to advise Council if they wished to appear at a Committee hearing.

5. Planning Permit Application P191/2015 for 5 McCoubrie Avenue, Sunshine West was received by Council on 25 March 2015. The application was advertised in accordance with Section 52 of the Planning and Environment Act 1987 and at the completion of the advertising period, a total of 707 objections had been received. A planning application has not been received for 541, 545 and 547 Melton Highway, Sydenham.

6. At its meeting on 14 April 2015, Council resolved to give public notice of the proposal to sell the land at 541, 545 and 547 Melton Highway, Sydenham. At its meeting on 28 April 2015, Council resolved to give an extension of time for the receipt of submissions in relation to the proposed sale of the land, until 23 June 2015.

Method 7. The Committee will appoint a person from the appointed Committee members to act

as Chair.

8. The hearings will be conducted in accordance with the meeting procedures as set out in Council’s Meeting Procedure Local Law No. 1.

9. The Committee will conduct two (2) hearings: one for the proposed sale of 5 McCoubrie Avenue, Sunshine West, and the associated planning permit application; and a second for the proposed sale of land at 541, 545 and 547 Melton Highway, Sydenham.

10. The Committee may inform itself in any way it sees fit. Any such information or advice

will be openly disclosed through the final report unless it is of a confidential nature.

11. The Committee is not expected to carry out any additional notification or referral, but may request Council to do so if it considers it appropriate.

12. Petitions and pro-forma letters are to be treated as single submissions and only the

first name (and signatory) to appear will receive correspondence in relation to Committee matters.

13. The Committee is not required to answer enquiries or correspondence from any party

or individual (but may direct Council to do so if it considers it appropriate).

Public Hearing 14. The Committee shall provide the following parties with an opportunity to be heard:

Appendices

a. Council.

b. Any relevant Government agency or servicing authority.

c. Any party that made a formal submission.

15. Parties who appear will be provided five (5) minutes to present to the Committee. This

may be varied at the discretion of the Chair.

Submissions are Public Documents 16. The Committee must retain a library of any written submissions or other supporting

documentation provided directly to it, until it submits its report to Council/until Council has considered the Committee’s report.

17. Any written submissions or other supporting documentation must be provided to Council to make available for public inspection in accordance with the Local Government Act 1989 and the Planning and Environment Act 1987, unless the Committee specifically directs that the material is to remain confidential.

Outcomes 18. The Committee must produce a written report for Council providing an assessment of

the appropriateness of: a. The proposed sale of land at 5 McCoubrie Avenue, Sunshine West, and the

granting of the associated planning permit.

b. The proposed sale of land at 541, 545 and 547 Melton Highway, Sydenham.

c. Relevant matters raised in the course of the hearings.

d. A list of persons who made submissions.

e. A list of persons consulted or heard.

19. The report should be concise to reflect the findings and recommendations of the Committee.

Timing 20. The hearings are to be arranged for a date(s) and place(s) in consultation with Council.

21. The Committee is required to complete its hearings no later than 20 business days

from the close of submissions for the proposed sale of land at 541, 545, 547 Melton Highway, Sydenham (21 July 2015).

Appendices

22. The Committee is required to complete and submit its report/s to Council no later than 30 business days from the final day of hearings.

Fee 23. The fee for the Committee will be set at the current rate for a Panel appointed under

Part 8 of the Planning and Environment Act 1987.

24. The costs of the Committee will be met by Council.

Project Manager 25. The Brimbank City Council Property Department will provide support to the

Committee.

26. Enquiries relating to the Committee can be directed to Council’s Governance Manager, Melanie Fleer on 9249 4053.

Appendices

Appendix B Summary of submissions from public hearing

Appendices

Chair: Rodger Eade

1. Open Hearing

The Chair, Rodger Eade:

• Opened the meeting, welcomed all in attendance, and introduced himself and committee members Kevin Breen and Lynn Sweeney

• Advised that Council had appointed the Committee under section 223 of the Local Government Act 1989 to report to council on the proposed sale of the land at 541, 545 and 547 Melton Highway, Sydenham (the Melton Highway land)

• Highlighted the Committee Members’ independence from Council and advised, while all committee members are sessional members of Planning Panels Victoria (PVV), they are sitting as individuals with experience dealing with public land, appointed by the Council

Each Committee member provided a brief overview of their relevant experience.

The Chair, noted he had been the chair of a panel appointed to consider a proposal to rezone land, including the Melton Highway land, from a Neighbourhood Residential Zone to a General Residential Zone. That panel has reported to the Minister, and the report has not been released. The Chair’s involvement, and in the rezoning matter is separate to the proposal to sell the Melton Highway land and the hearing of submission.

Summary of Proceedings Hearing of Submissions Committee – 541, 545 & 547 Melton Highway, Sydenham

Date: 20 July 2015 Time: 5.30pm

Committee: Rodger Eade, Chair

Kevin Breen, Committee Member

Lynn Sweeney, Committee Members

Submitters: Six (6) submitters attended and presented in support of their written submissions

Council

Officers: Paul Younis, Director Infrastructure and Environment

Stuart Menzies, Director City Development

Melanie Fleer, Governance Manager

Sally Curran, Senior Governance Coordinator

Council Business Officer

Location: Conference Room, Keilor Municipal Offices, Old Calder Highway, Keilor

Appendices

2. Purpose of Hearing

The Chair noted:

• The Committee’s role to hear verbal presentations in support of written submissions received by Council in relation to the proposal to sell land at 541, 545 and 547 Melton Highway, Sydenham (the Proposal)

• Six (6) submitters have indicated they wish to be heard and five (5) minutes would be allocated for each. Council will first, to outline the proposal

• Submitters may be asked questions of clarification by the Committee members

• The main purpose of the hearing is to give the community an opportunity to put a case for what should happen on the land

• Written submissions have been provided to the Committee and will be taken into account

• The Committee will not be making any decisions, it has six (6) weeks to prepare a report to the Council and what will be included is set out in the terms of reference. Submitters will be advised, of the date the report will be considered by Council

• The Committee will operate under the normal rules of a council meeting, and asked that there are no interruptions while people were speaking

• Committee members have visited the site and surrounding area, so are familiar with the land.

Questions about the process were invited from the gallery. There were none.

4. Hearing of Verbal Submissions

Council Submission

On behalf of Council, Paul Younis, Director Infrastructure and Environment:

• Introduced the Council Officers in attendance

• Noted that Council is bound by policies and legislation in relation to the sale of land: 1. Council’s Sale of Surplus land Policy – sets out tests Council must apply before

deciding to sell land 2. Creating Better Parks Policy and Plan (CBPPP) developed in 2008 – provides the plan

for development of open space. Identified that there is adequate open space in Brimbank, but it was underutilised, quality was poor, and there was limited diversity in playgrounds and open space. CBPPP developed a hierarchy of parks; District, Suburban and Neighbourhood Parks – intent to link those parks through pathways and walkways on river catchments and located with the principle that all residents will be within 500 metres, or a five (5) to 10 minute walk, of one of these. Remaining parks listed as Local Reserves. Council has been investing over a number of years to achieve the plan

Appendices

3. Local Government Best Practice Guideline for the Sale, Exchange and Transfer of Land (Ministerial Guideline) – sets out the steps and legislation Council must comply with including the Local Government Act 1989 which provides the public process that must be followed – this submission process is part of that process

• Gave a description of the Melton Highway land including its dimensions and its zoning within the planning scheme, noting the proposal for rezoning

• Confirmed the submissions outline the history of the land and provided an overview of the process and decisions relevant to the proposal to sell the land:

• The Land was transferred to Council in the 1976 for $1, building that was in disrepair on the site was demolished in the early 1990’s. Originally the land was made available as a Crown Grant and was set aside for purposes of hall and church, by conditions included in the Crown Grants

• October 2004, Council made application to the then Department of Sustainability and Environment to remove restrictions on the title. The restrictions were removed by Governor in Council in April 2005

• The site is designated as a Local Reserve in CBPPP. This area of Sydenham is well serviced by open space including Sydenham Basin Reserve is 150 metres away, Delbridge Drive Reserve is also within 500 metres. Subject to budget allocations, Council’s plan is to upgrade this to a Suburban Park in the next 18 months to two (2) years, so the principles of open space requirements would not compromised should Council decide to dispose of the Melton Highway land.

• Gave an overview of the decision making process in relation to the Proposal, including:

• On 14 April, 2015 Council resolved to give public notice of its intent to consider the Proposal. In response to community concern, the consultation period was extended to 23 June, 2015

• Nine (9) submissions were received and copies of those submissions have been provided for the Committee. Six (6) people indicated want to be heard in relation to their submissions

• Council has not yet decided to sell the land. Any decision will be made at a future Council meeting and submitters will be notified of the date Council is to consider the Committee report.

In response to questions from the Chair, Mr Younis:

• Advised the report referred to by the Chair, has not yet been presented to Council but will go as part of the package when Council considers the Proposal, and is not yet a public document

• Further information will be provided to the Committee in relation to the provision and usage of facilities for scout groups, once it is obtained from the area of Council in contact with scout groups

Appendices

• Council completed a Sports Facility Development Plan two to three years ago that sets out a 10 years and concluded there is no identified need for an additional bowls club in the municipality. This plan and further information about the provision standard used to make the assessment will be provided to the Committee.

Submitter One:

• Sydenham and District Historical Society

• Highlighted the history of the Sydenham district and the community sites that no longer exist

• Provided specific history of the hall that fell into disrepair on the site

• Noted the land cannot be used in its current state by the public but could be developed and used for its historical purpose as a meeting point for the community

• Highlighted the loss of commemorative items such as plaques and gates

• Historical Society has endeavoured to commemorate the history of the district and see there is a need not to lose any more

• These blocks of land represent the heart of Melbourne’s history and there should be the opportunity there that the community can use and can commemorate the history of the area.

Submitter Two:

Sydenham Bowls club formed in February 2015 and commenced planning to locate at the Melton Highway land, on the understanding there were no plans to sell the land

Established with support from Bowls Victoria and Bowls Australia

Bowls club would like an activity centre on the land - to be used by the Bowls Club and many other community activities, that are not able to take place at the Sydenham Library and Community Centre

Seeking legal advice regarding the removal of the conditions and concerns that Council is in breach of section 188(b) of the Local Government Act 1989

Chair noted the Committee had also been advised the decision to request removal of the conditions was not made at a Council Meeting. He further clarified that the conditions were not covenant on title, and that it is not a matter the Committee will be investigating.

In response to a question from the Committee, the submitter advised the club was not yet incorporated, however does have financial members and intends to incorporate.

Submitter Three:

Resident of Sydenham since 1978

Outlined the history of the land since its donation to the community from local farmers

Expressed concerned that Community was not notified of the removal of conditions

Appendices

Noted the nearest community space is in Taylors Lakes, not Sydenham

Disagreed with Council’s view that there are adequate parks in the area citing the locations and underdevelopment of the open spaces as barriers for use.

Commended Council for other playground upgrades and noted Sydenham Basin Reserve is not well used as council suggests

Council may have designated land to be surplus but the community has not. Development of this land as a community facility would lead to social inclusion and belonging.

The Chair noted different versions of the history of the site and advised the Committee report will not commenting on whether one version is more accurate than another as this commentary is not central to the role of the committee.

Submitter Four:

At the request of the Chair, provided copies of the – crown grant, agreement between Council and trustees of the land and title information

Should be retained as community land, in accordance with the original intent, and there should be adequate consultation about what could be done for the community on that land

Noted the neighbouring facility operated by St John of God Accord has grown too big, meaning people park on the Council land and turn it into a mud pile.

Urged consideration of the moral obligation to those people who donated the land, who used it and planned it as a community centre. The community is capable of working out what should be used there.

Submitter Five:

Gave an overview of his longstanding and broad participation in Scouts

Taylors Hill Scout group was formerly Sydenham Scout group

Scouts have been trying for 26 years to get a new scout hall on that site

Scouting is one of the most resilient movements and has had six (6) years of sustained growth in Victoria

There has been no support in regard to building a hall on the land. Sydenham area has been neglected by Scouts because we were forced to leave the area

Provided an overview of the benefits of Scouting and contributions of high profile members

Based in a community centre outside of Brimbank (an unsuitable venue), when the group was based in Taylors Lakes (in a school) had 185 members. When moved to Keilor Village, lost members due to location

Highlighted the importance of a Scout group having have their own hall to display memorabilia and have a sense of ownership

Advised that the current Community centre location means we have to split program over two nights – can’t fit the program intend to deliver in the current site which limits group to 60

Appendices

Noted the lack of availability of suitable land – can’t build something on Basin Reserve, other land not available or not suitable

Opportunity to establish a special needs Scout group that would be the second in Victoria if able to build on the Melton highway land

In response to the discussion regarding utilisation rates of Scout facilities in Brimbank, the submitter offered to further discussion with Council officers.

Submitter Six:

Provided an overview of the Saint John of God Accord facility and services provided on the neighbouring site, and the growth experienced and projected for service demand

Noted interest in purchasing the land should Council decide to sell, in order to expand

Highlighted the opportunity for an integrated community facility – with services offered during the day, allowing a facility to be opened to groups such as the Scouts after business hours.

Reiterated the expectation of significant growth in demand with the full implementation of the National Disability Insurance Scheme.

The Chair advised the report provided by the Committee would not contain comment regarding preferred use, sale process or preferred purchasers. If Council decide to dispose of the land they will determine how.

The Chair:

Reiterated the Committee will make recommendations to Council in a brief report that also sets out the principles underpinning recommendations

Reminded submitters they will be informed of the date of the meeting the report will be considered by Council and a decision made

Thanked the submitters for their time, noting the meeting had been helpful for Committee members and closed the meeting at 6.38pm.

Land Assessment Report

Attachment 2

Background:

Brimbank City Council’s Creating Better Parks Strategy, adopted May 2008, designates

Sydenham Hall Reserve as a local reserve

Access and Needs Analysis

The land is designated as a local reserve within the ‘Creating Better Parks - Open Space

and Playground Policy and Plan’. Local Reserve designation does not propose to improve

these spaces but may contain, subject to available budget, seating, tree planting and a

path network if required. Sydenham Hall Reserve has no seating or landscape elements

but does contain a number of mature trees. As a local park, there are no plans to

upgrade or redevelop this reserve.

This area of Sydenham is serviced by Sydenham Basin Reserve which is also a local park

and contains a barbeque area and picnic facilities. This reserve is well used by local

residents for passive recreation opportunities such as dog walking and ball games.

Within 500m of Sydenham Hall Reserve is Delbridge Drive Reserve. This is classified as a

Suburban Park as per ‘Creating Better Parks - Open Space and Playground Policy and

Plan’. This park will be upgraded in the 2016/17 financial year.

Image 1 - Aerial photograph of Sydenham Hall Reserve Ave (August 2014)

A key criteria detailed in the ‘Creating Better Parks - Open Space and Playground Policy

and Plan’ is to provide an open space and play facility within 500m of every home. The

figure below shows that the sale of land would not impact on access to play areas

currently proposed or already existing within the ‘Creating Better Parks - Open Space

and Playground Policy and Plan’. All residents in this area of Sydenham will be within

Land Assessment Report

Attachment 2

500m of a play area and open space if Sydenham Hall reserve were no longer open

space.

Image 2 - Red Circles showing 500m radius of existing open spaces with play facilities. All residents within this area of Sydenham are currently within 500m of a playground.

Investment in Local Area

Stagecoach Reserve was upgraded to a Neighbourhood park and 2012 and provides a

quality park facility with a play area, basketball court and seating. This park is located

within 500m of 16A Cobb Junction and ensures all residents within this area of

Sydenham are within 500m of a high quality open space.

Delbridge Drive Reserve is located within 600m of Sydenham Hall Reserve and is

proposed to be upgraded to a Suburban Park in 2016/17. A Suburban Park upgrade will

include a new play area, picnic area and shelter, barbeque facilities and a circuit path.

Overton Lea Park will also be upgraded to a Neighbourhood Park in future however the

park currently provides a good standard of park facilities such as a shelter, barbeque

area and playground.

Connectivity

The land provides no connection with any other open space or activity centre.