minutes of ordinary meeting - 5 may 2014 · construction of one (1) double storey dwelling and two...

OM254

MINUTES OF ORDINARY COUNCIL MEETING OF THE FRANKSTON CITY COUNCIL HELD IN THE CIVIC CENTRE, DAVEY STREET, FRANKSTON

ON 5 MAY 2014 at 7PM PRESENT Cr. Darrel Taylor (Mayor)

Cr. James Dooley Cr. Rebekah Spelman Cr. Glenn Aitken Cr. Sandra Mayer Cr. Brian Cunial Cr. Colin Hampton Cr. Michael O’Reilly

APOLOGIES: Cr. Suzette Tayler ABSENT: Nil. OFFICERS: Dr. Gillian Kay, Acting Chief Executive Officer

Mr. Tim Frederico, General Manager Corporate Ms. Leonie Reints, Acting General Manager Communities Mr. Vito Albicini, General Manager Assets Ms. Naomi Neville, Acting Planning Manager Mr. Nick Robins, Acting Statutory Planning Coordinator Ms. Antoinette Camille, Senior Statutory Planner Ms. Emma Smith, Media and Communications Coordinator Ms. Michelle Tipton, Acting Governance & Customer Relations Manager

EXTERNAL REPRESENTATIVES:

Nil

COUNCILLOR STATEMENT

Councillor O’Reilly made the following statement:

“ All members of this Council pledge to the City of Frankston community to consider every item listed on this evening’s agenda:

• Based on the individual merits of each item; • Without bias or prejudice by maintaining an open mind; and • Disregarding Councillors’ personal interests so as to avoid any conflict with our

public duty.

Any Councillor having a conflict of interest in an item will make proper, prior disclosure to the meeting and will not participate or vote on the issue.”

Chairperson’s initials

OM254

PRAYER

At the request of the Mayor, Councillors, officers and members of the gallery stood while Councillor Spelman read the Opening Prayer.

ACKNOWLEDGEMENT OF TRADITIONAL OWNERS

Councillor Dooley acknowledged the Boonerwrung and Bunurong peoples – the traditional custodians of the land on which we stand and recognised all Aboriginal and Torres Strait Islander peoples who have given to Australia’s identity – from the past, into the present and for the future.


ORDINARY MEETING MINUTES 1 05 May 2014 OM254

1. PRESENTATION TO COMMUNITY GROUPS ................................................... 3

2. CONFIRMATION OF MINUTES OF PREVIOUS MEETING ............................... 3

Special Meeting No. SP181 held on 9 April 2014 and Ordinary Meeting No. OM253 held on 14 April 2014. ...................................................................... 3

3. APOLOGIES ....................................................................................................... 3

4. DISCLOSURES OF INTEREST AND DECLARATIONS OF CONFLICT OF INTEREST .................................................................................................... 3

5. PUBLIC QUESTION TIME.................................................................................. 3

6. HEARING OF PUBLIC SUBMISSIONS ............................................................. 3

7. ITEMS BROUGHT FORWARD .......................................................................... 4 10.2 Planning Permit Application No. 666/2011/P/A - 22 Maria Drive

Langwarrin - To amend Planning Permit No. 666/2011/P, which allow for 'the construction of one (1) double storey dwelling and two (2) single storey dwellings (three (3) dwellings)' to allow for 'the construction of four (4) double storey dwellings and one (1) single storey dwelling (five (5) dwellings)' ................................................... 6

Urgent Business – Frankston Transit Interchange ............................................ 10

Urgent Business – Orwil Street Community House ........................................... 11

Urgent Business – Councillor Spelman Leave of Absence ............................... 12

Urgent Business – Labour Party Rate Capping Policy ...................................... 13

8. PRESENTATIONS / AWARDS ........................................................................... 4

9. PRESENTATION OF PETITIONS AND JOINT LETTERS ................................. 5

10. CONSIDERATION OF TOWN PLANNING REPORTS ...................................... 6

10.1 Planning Permit Application No. 673/2013/P - 230-240 Cranbourne-Frankston Road Langwarrin - To construct a convenience restaurant ............................................................................ 14

10.3 Planning Permit Application 549/2013/P - Shop 1/428 Nepean Highway, Frankston - Variation to the existing Liquor Licence (licence type and maximum number of patrons) and waiver of car parking associated with use of the land as a restaurant ........................... 20

10.4 March Town Planning Progress Report .................................................... 22

11. CONSIDERATION OF REPORTS OF OFFICERS ........................................... 23

11.1 Draft Environment Strategy: Greening Our Future.................................... 23 11.2 Graffiti Management 3 Month Review ....................................................... 54



11.3 Council Plan Quarterly Performance Report for January to March 2013-2014 ................................................................................................ 55

11.4 Record of Assemblies of Councillors ........................................................ 56 11.5 Capital Works Monthly Report for quarter ending March 2014 ................. 57

12. NOTICES OF MOTION ..................................................................................... 58

12.1 Notice of Motion Cr Brian Cunial Supporting Frankston Bombers Football Club - Book launch ...................................................................... 58

12.2 Review of the Bushfire Protection Exemptions in Planning Schemes ................................................................................................... 59

12.3 Recommendations of the MAV ................................................................. 60 12.4 Letter of Excellence - under Common Seal of Council for Mr Brian

McMannis ESM - Frankston SES Controller ............................................. 61

13. LATE REPORTS .............................................................................................. 62

14. URGENT BUSINESS ........................................................................................ 63

15. CONFIDENTIAL ITEMS ................................................................................... 64

C.1 Hard Waste and Bundled Green Waste Collection Contract Extension .................................................................................................. 64

C.2 Proposed Assignment of Lease - Beach Cafe - 10N Nepean Highway Seaford ...................................................................................... 64

C.3 Replacement of Roof - City of Frankston Bowling Club ............................ 64 C.4 Confidential Papers - Expiry of Confidential Period - Payroll

Improvement Project Documentation ........................................................ 64 C.5 Appointment of Chairperson to the Audit and Risk Management

Committee ................................................................................................ 64 C.6 Award of Contract for Internal Audit Services ........................................... 64 C.7 Award of Contract 2013/14 - 44 for Frankston Park Community

Function Centre ........................................................................................ 64



1. PRESENTATION TO COMMUNITY GROUPS Nil

2. CONFIRMATION OF MINUTES OF PREVIOUS MEETING Special Meeting No. SP181 held on 9 April 2014 and Ordinary Meeting No. OM253 held on 14 April 2014. Council Decision Moved: Councillor Aitken Seconded: Councillor Hampton That the minutes of the Special Meeting No. SP181 held on 9 April 2014 and Ordinary Meeting No. OM253 held on 14 April 2014 copies of which had previously been circulated to all Councillors, be confirmed, approved and adopted.

Carried Unanimously

3. APOLOGIES

Council Decision Moved: Councillor Mayer Seconded: Councillor Cunial That the apology be received and Councillor Tayler be granted leave from the meeting.

Carried Unanimously

4. DISCLOSURES OF INTEREST AND DECLARATIONS OF CONFLICT OF INTEREST Nil

5. PUBLIC QUESTION TIME One (1) person submitted questions to Council. At the request of the Mayor, the Chief Executive Officer read the questions and answers to the gallery. The questions and answers are contained in Appendix.

6. HEARING OF PUBLIC SUBMISSIONS • Mr. Timothy Gunn made a submission to Council against Item 10.2 Planning

Permit Application No. 666/2011/P/A - 22 Maria Drive Langwarrin - To amend Planning Permit No. 666/2011/P, which allow for 'the construction of one (1) double storey dwelling and two (2) single storey dwellings (three (3) dwellings)' to allow for 'the construction of four (4) double storey dwellings and one (1) single storey dwelling (five (5) dwellings);

• Mr. Peter Mills made a submission to Council against Item 10.2 Planning Permit Application No. 666/2011/P/A - 22 Maria Drive Langwarrin - To amend Planning Permit No. 666/2011/P, which allow for 'the construction of one (1) double storey dwelling and two (2) single storey dwellings (three (3) dwellings)' to allow for 'the construction of four (4) double storey dwellings and one (1) single storey dwelling (five (5) dwellings);



Council Decision Moved: Councillor Mayer Seconded: Councillor Hampton

That Mr. Peter Mills be granted an extension of time.

Carried Unanimously

• Mr. Mark Ansell made a submissions to Council against Item 10.2 Planning Permit Application No. 666/2011/P/A - 22 Maria Drive Langwarrin - To amend Planning Permit No. 666/2011/P, which allow for 'the construction of one (1) double storey dwelling and two (2) single storey dwellings (three (3) dwellings)' to allow for 'the construction of four (4) double storey dwellings and one (1) single storey dwelling (five (5) dwellings).

Council Decision Moved: Councillor Hampton Seconded: Councillor Cunial That Ms. Christine Richards be heard on the Urgent Business item regarding the Frankston Transit Interchange.

Carried Unanimously

• Ms. Christine Richards made a submission to Council in support of the Urgent Business item regarding the Frankston Transit Interchange.

Council Decision Moved: Councillor Aitken Seconded: Councillor Cunial That Christine Richards be granted an extension of time.

Carried Unanimously

7. ITEMS BROUGHT FORWARD Council Decision Moved: Councillor Hampton Seconded: Councillor Aitken

That Item 10.2 Planning Permit Application No. 666/2011/P/A - 22 Maria Drive Langwarrin - To amend Planning Permit No. 666/2011/P, which allow for 'the construction of one (1) double storey dwelling and two (2) single storey dwellings (three (3) dwellings)' to allow for 'the construction of four (4) double storey dwellings and one (1) single storey dwelling (five (5) dwellings) and the Urgent Business items regarding the Frankston Transit Interchange, Orwil Street Community House, Councillor Spelman’s leave of absence and the Labour Party Rate Capping Policy be brought forward.

Carried Unanimously

8. PRESENTATIONS / AWARDS Nil



9. PRESENTATION OF PETITIONS AND JOINT LETTERS Councillor Spelman tabled a petition containing 30 signatures from the residents of Hoya Crescent, requesting that Council improve the safety of their community with the addition of speed humps on Hoya Crescent to restrict excessive speed by passing drivers.

Council Decision Moved: Councillor Spelman Seconded: Councillor Dooley

That the petition be received and lay on the table.

Carried Unanimously



10. CONSIDERATION OF TOWN PLANNING REPORTS 10.2 Planning Permit Application No. 666/2011/P/A - 22 Maria Drive Langwarrin - To

amend Planning Permit No. 666/2011/P, which allow for 'the construction of one (1) double storey dwelling and two (2) single storey dwellings (three (3) dwellings)' to allow for 'the construction of four (4) double storey dwellings and one (1) single storey dwelling (five (5) dwellings)' (AC Chief Executive Office)

Recommendation (GM Chief Executive Office) That Council resolves to issue a Notice of Decision to Grant an Amended Planning Permit, in respect to Planning Permit Application No. 666/2011/P/A, for the construction of four (4) double storey dwellings and one (1) single storey dwelling (five (5) dwellings) at 22 Maria Drive Langwarrin 3910, subject to the following conditions:-

A. What Amendment is being made to the Permit?

• Amend the Permit Preamble to allow for ‘to construct four (4) double storey dwellings and one (1) single storey dwelling (five (5) dwellings)’;

• Consideration of Amended Plans referenced as Ground Floor, First Floor and Elevation Plans, Project No. 1250, Drawing No. TP3-TP5, Revision B, dated Jan’ 2014, by Entire Design and Construction;

• Replacement of Condition 1;

• Replacement of Condition 3f;

• Deletion of Conditions 5, 8 and 9 and the subsequent re-numbering of all remaining conditions;

• Replacement of Condition 7a-7t (6a-t);

• Addition of a new Conditions 14 and 15 and the subsequent re-numbering of all remaining conditions; and

• Replacement of Condition 22 (21).

B. To what Conditions is the Amendment Subject?

Amended Plans 1. Prior to the commencement of buildings and works, amended plans to the

satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale, with dimensions, and three (3) copies must be provided. The plans must be generally in accordance with the plans submitted with the application, but modified to show:-

a. The provision of a 5.0 metre wide 7.0 metre long passing area on the northern side of the shared accessway, between tree 3 and tree 11;

b. The garage doors for dwelling 1 and dwelling 5 to open in an outwards direction;

c. Finished surface levels to provide a 1:10 gradient for the first 5.0 metres of the shared accessway and a 1:5 gradient for remainder of the shared accessway;

d. Line marking and signage for the visitor car parking spaces, including restricted parking times for the visitor car parking space / waste collection turning area to allow for waste collection;



e. The provision of skylights for the ground floor bathrooms of dwellings 1, 3, 4 and 5;

f. The height and type of all internal fences; g. Finished surface levels, which ensure minimal site disturbance within

the tree protection zones of trees to be retained, while maintaining some usability of the relevant secluded private open space;

h. Waste collection pads, which are 1.6 metres long and have a 1.0 metre clearance;

i. A landscape plan in accordance with condition 3 of this permit; j. If waste collection is to be undertaken by a private contractor, a waste

management plan in accordance with condition 14 of this permit; k. Mailboxes in accordance with condition 16 of this permit; and l. Bollard and sensor lighting in accordance with condition 18 of this

permit.

Landscaping 3 f. (i) One (1) within the street setback

Tree Protection 6. a. Tree 1 – Corymbia ficiflia - 3.5 metre from trunk and modified to edge of existing road edge; b. Tree 2 – Eucalyptus saligna - 4.2 metres from trunk and modified to edge of existing road edge and crossover; c. Tree 3 – Cinnamomum camphora - 2.4 metres from trunk; d. Tree 4 – Ulmus glabra ‘Lutescens’ - 2.4 metres from trunk; e. Tree 5 – Eucalyptus sp. – 5.3 metres from trunk; f. Tree 8 – Melaleuca armillaris – 6.0 metres from the trunk and modified to be 1.5 metres from the northern wall of the proposed garage and dwelling; g. Tree 9 – Corymbia citroidora – 6 metres from the trunk and modified to 5.0 metres on the northern side only to facilitate shared accessway construction; h. Tree 11 – Banksia integrifolia - 3.5 metres from the trunk adjusted to 2.25 during construction of the dwelling; i. Tree 12 – Araucaria heterophylla – 2.0 metres from the trunk; j. Tree 14 – Liquidambar styraciflua – 5.0 metres from the trunk and modified to 3.0 metres on the northern and eastern sides only for the minimum time required to facilitate shared accessway and car parking construction; k. Tree 15 – Lophostemon confertus – 3.8 metres from the trunk and modified to 3.0 metres on the southern side only to facilitate dwelling construction; l. Tree 16 – Cupressus macrocarpa – 2.4 metres from the trunk; m. Tree 17 – Melaleuca styphelioides – 2.8 metres from the trunk; n. Tree 19 – Brachychiton acerifolius - 4.4 metres from the trunk; o. Tree 21 – Brachychiton acerifolius - 4.2 metres from the trunk; p. Tree 22 – Corymbia citriodora - 6.8 metres from the trunk and modified to be 1.5 metres from the eastern wall of dwelling 3 to facilitate construction; q. Tree 23 – Lophostemon confertus – 2.4 metres from the trunk; r. Tree 24 – Lophostemon confertus – 3.4 metres from the trunk and modified to be 1.5 metres from the southern wall of dwellings 4 and 5 to facilitate construction; s. Tree 25 – Cupressus macrocarpa – 4.0 metres from the trunk; and t. Tree 26 – Cupressus macrocarpa – 4.0 metres from the trunk.



Waste Management Plan 14. Prior to the commencement of buildings and works, a waste management plan

(WMP) must be submitted for approval by the Responsible Authority. When approved, the WMP will be endorsed and form part of this permit. The plan must detail the method of garbage collection from the site, times and frequency of garbage collection, to the satisfaction of the Responsible Authority.

15. Prior to the commencement of any buildings and works, the owner of the land must enter into an agreement with the Responsible Authority pursuant to Section 173 of the Planning and Environment Act 1987 and such agreement must require that:-

a. Should Council collect waste from the site:-

i. The care and management of the private roads, car parking areas, landscaping and other common areas;

ii. The rights of the Frankston City Council and other servicing authorities to enter the land for the purposes of providing municipal and like services to the land;

iii. The maintenance of suitable public liability insurance;

iv. The provision of releases and indemnity to the Frankston City Council and other servicing authorities in connection with entry on the land; and

v. The acknowledgement that the Frankston City Council may withdraw the provision of municipal services to or from the land if the private roads become unsafe for vehicular traffic.

The owner must pay all reasonable costs for the preparation, execution and registration of the Section 173 Agreement.

The Section 173 Agreement must be registered in accordance with the provisions of Section 181 of the Planning and Environment Act 1987 prior to Occupation.

Permit Expiry 20. This permit will expire if one of the following circumstances applies:-

• The development is not started within two (2) years of the date of this permit.

• The development is not completed within four (4) years of the issued date of this permit.

In accordance with Section 69 of the Planning and Environment Act 1987, an application may be submitted to the Responsible Authority for an extension of the periods referred to in this condition.



Council Decision Moved: Councillor Hampton Seconded: Councillor Mayer That Council resolves to issue a Notice of Refusal to Grant an Amendment to a Permit, in respect to Planning Permit Application No. 666/2011/P/A, to construct four (4) double storey dwellings and one (1) single storey dwelling (five (5) dwellings), at 22 Maria Drive Langwarrin 3910, on the following grounds:-

1. The proposal does not comply with Clause 21.04 (Settlement Policy) and Clause 21.07 (Housing Policy) as the site is not strategically located within an area where increased housing density is encouraged;

2. The proposal does not respect the existing or preferred neighbourhood character and does not comply with Clause 55.02-1 – Neighbourhood Character and Clause 22.08 – Neighbourhood Character of the Frankston Planning Scheme;

3. The site coverage by buildings is excessive, inappropriate and does not comply with the objective of Clause 55.03-3 – Site Coverage of the Frankston Planning Scheme;

4. The waste management arrangement is unacceptable as it will result in the loss of a visitor car space and will adversely impact on the amenity of the area;

5. The proposal is an overdevelopment of the site; and

6. The proposal does not provide an appropriate design response to the site constraints including site levels and vegetation.

Carried Unanimously



Urgent Business – Frankston Transit Interchange

Council Decision Moved: Councillor Hampton Seconded: Councillor Cunial That the matter of the Frankston Transit Interchange be accepted as urgent business.

Carried Unanimously

Extension of Time Moved: Councillor Cunial Seconded: Councillor Mayer That Cr Hampton be granted an extension of time.

Carried Unanimously

Extension of Time Moved: Councillor Cunial Seconded: Councillor Mayer That Cr Aitken be granted an extension of time.

Carried Unanimously

Council Decision Moved: Councillor Hampton Seconded: Councillor Cunial

1. That the development of a safe, efficient and attractive train station precinct is now an urgent priority for the Frankston City Council.

2. As a matter of urgency, that Council write to the Premier, the Minister for Transport and the Minister for Planning to inform them of the complete failure of the planning process led by the Departments of Community Planning and Development and Transport (now the one Department of Planning, Transport and Local Infrastructure) to deliver a workable masterplan and business case for a safe, efficient and attractive transit interchange precinct for Frankston.

3. As a matter of urgency, that Council also negotiate to secure urgent meetings with the Premier and Minister for Planning to secure funding for the Council to act as the lead organistion in developing a masterplan and business case for a safe, efficient and attractive transit interchange that will be finished within the next year. This funding can be deducted from the $13.8 million and / or the $100 million promised by the Napthine Government for upgrading the Frankston line. The funding should include the salary of a project manager, to be employed within Council.

4. That Council actively lobby to secure a commitment from the State Government that the Vic Track owned land between Fletcher Road and the train tracks be given free of charge for the development of the bus interchange area, new multi-deck car park, new housing options in the centre of the city including affordable housing and new and improved space to attract major employers into Frankston.

Carried

For the Motion: Crs Cunial, Dooley, Hampton, Mayer and Spelman Against the Motion: Crs Aitken, O'Reilly and Taylor



Urgent Business – Orwil Street Community House

Council Decision Moved: Councillor Spelman Seconded: Councillor Mayer That the matter of Orwil Street Community House be accepted as urgent business.

Carried Unanimously

Councillor O’Reilly left the chamber at 8.17pm

Council Decision Moved: Councillor Spelman Seconded: Councillor Aitken That Council approves a proposal to commit $511 (inclusive of GST) from Councillor Rebekah Spelman’s discretionary fund to purchase and install a wireless duress system for Orwil Street Community House to increase the safety of staff and volunteers.

Carried Unanimously



Urgent Business – Councillor Spelman Leave of Absence

Council Decision Moved: Councillor Hampton Seconded: Councillor Cunial That the matter of Councillor Spelman’s Leave of Absence be accepted as urgent business.

Carried Unanimously

Council Decision Moved: Councillor Hampton Seconded: Councillor Cunial That leave of absence be granted to Cr Rebekah Spelman for the period 13 May to 10 June 2014.

Carried Unanimously



Urgent Business – Labour Party Rate Capping Policy

Council Decision Moved: Councillor Hampton Seconded: Councillor Mayer That the matter of the Labour Party Rate Capping Policy be accepted as urgent business.

Carried Unanimously

Councillor O’Reilly returned to the chamber at 8.19pm

Extension of Time Moved: Councillor Cunial Seconded: Councillor Hampton That Cr Hampton be granted an extension of time.

Carried Unanimously

Council Decision Moved: Councillor Hampton Seconded: Councillor Cunial

1. That Council writes to the leader of the State opposition, Mr Daniel Andrews, expressing its grave concern at the recently announced Labour Party Policy to cap Council rate increases to CPI.

2. That the letter include reference to previous cost shifting by both the Commonwealth and State Governments which has resulted in Local Government providing those services without the level of funding required to deliver them.

3. That the letter notes the cost of resources and materials for Local Government does not increase in line with CPI but in line with market pricing, noting that the Local Government cost index is significantly higher than CPI.

4. That the letter also include reference to the fact that Local Government wage increases are set via individual Council EBA agreements and not a state wide wage agreement which puts our averages wages in local government between 15 and 17% above the state average.

5. That a copy of the letter be forwarded to the MAV.

Carried

For the Motion: Crs Aitken, Cunial, Hampton, Mayer, O'Reilly, Spelman and Taylor

Against the Motion: Cr Dooley



10.1 PLANNING PERMIT APPLICATION NO. 673/2013/P - 230-240 CRANBOURNE-FRANKSTON ROAD LANGWARRIN - TO CONSTRUCT A CONVENIENCE RESTAURANT (AC Chief Executive Office)

Adjournment Moved: Councillor Cunial Seconded: Councillor Hampton That the meeting be adjourned for 5 minutes.

Carried Unanimously

The meeting resumed at 8.45pm.

All Councillors present.

Extension of Time Moved: Councillor Hampton Seconded: Councillor Dooley That Cr Aitken be granted an extension of time.

Carried Unanimously

Council Decision Moved: Councillor Hampton Seconded: Councillor Dooley That Council resolves to issue a Planning Permit, in respect to Planning Permit Application No. 673/2013/P, to construct a convenience restaurant, at 230-240 Cranbourne-Frankston Road Langwarrin, subject to the following conditions:-

Amended Plans 1. Prior to the commencement of buildings and works, amended plans to the

satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale, with dimensions, and three (3) copies must be provided. The plans must be generally in accordance with the plans submitted with the application, but modified to show:-

a. A colour schedule; b. Pedestrian warning signs and speed humps for the crossing near the

drive- thru; c. The removal or relocation of the air filling station, air ventilation for the

service station shop and ice and gas storage areas, associated with the existing service station;

d. A landscape plan in accordance with condition 5 of this permit; e. A patron management plan in accordance with condition 19 of this

permit; f. A litter management plan in accordance with condition 21 of this

permit; g. A construction management plan in accordance with condition 24 of

this permit; and h. A waste management plan in accordance with condition 26 of this

permit.



No Alterations 2. The development as shown on the endorsed plans must not be altered without the

prior written consent of the Responsible Authority.

3. Once the development has started it must be continued and completed to the satisfaction of the Responsible Authority.

4. All buildings and works at all times be inside the title boundaries.

Landscape Plan 5. Prior to the commencement of buildings and works, a landscape plan, prepared by a

suitably qualified person, must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and will then form part of the permit. The plan must be drawn to scale, with dimensions, and three (3) copies must be provided. The plan must show:-

a. A survey (including botanical names) of all existing vegetation to be retained and / or removed;

b. Buildings and trees (including botanical names) on neighbouring properties within 3 metres of the boundary;

c. Details of surface finishes of pathways and driveways, retaining walls and areas of cut and fill;

d. A planting schedule of all proposed trees, shrubs and ground covers, including botanical names, common names, pot sizes, size at maturity and quantities of each plant;

e. A planting theme of a minimum 20% indigenous, 40% native and 40% exotic within each plant group; and

f. Large shrubs to a minimum mature height of 3-4 metres along the eastern side of the drive-thru area.

Trees are not to be sited over easements.

All species selected must be to the satisfaction of the Responsible Authority.

6. The landscaping as shown on the endorsed landscape plan must be carried out and completed to the satisfaction of the Responsible Authority before the occupation of the development or at such later date as is approved by the Responsible Authority in writing.

Drainage 7. Prior to commencement of development construction detailed design plans and

drainage computations of the internal stormwater drainage system including the method of connection to the existing Council drainage infrastructure are to be submitted and approved to the satisfaction of the Responsible Authority.

8. Water Sensitive Urban Design principles (WSUD) are to be incorporated into the drainage design, which may include but not be limited to the following components or a combination thereof:-

• On-site stormwater detention and rainwater tanks; • Soil percolation; • Stormwater harvesting and re-use of stormwater for garden watering, toilet

flushing, etc; and • On-site ‘bio-treatment’ to reduce dissolved contaminants and suspended solids.



9. Concrete kerbs and barriers must be provided to the satisfaction of the Responsible Authority to prevent direct vehicle access to an adjoining road other than by a vehicle crossing.

10. Prior to occupation of the building hereby permitted by this permit, areas set aside for parking vehicles, loading bays, access lanes and paths as shown on the endorsed plans must be:-

a. Constructed to the satisfaction of the Responsible Authority; b. Properly formed to such levels that they can be used in accordance with the

plans; c. Surfaced with an all-weather sealcoat; and d. Drained and maintained to the satisfaction of the Responsible Authority.

Car spaces, access lanes and driveways must be kept available for these purposes at all times.

11. Where the development involves work on or access to Council controlled land including roads, reserves and right of way, the owner, operator and their agents under this permit must at all times take adequate precautions to maintain works to the highest public safety standards, to the satisfaction of the Responsible Authority.

Precautions must include, appropriate signage to AS 1743 Road Works Signing Code of Practice, the provision of adequate barricading of works, including trenches of Service Authorities and any other road openings, sufficient to ensure public safety.

All relevant permits must be obtained from Council for works within the existing road reserves, in addition to the planning permit.

Amenity 12. No goods may be stored or left exposed outside the building so as to be visible from

any public road or thoroughfare to the satisfaction of the Responsible Authority.

13. All plant and equipment, including external fans, air conditioning apparatus and the like, must be located, installed and screened so that it does not adversely affect the amenity of the area due to its appearance, noise, emission or otherwise, all to the satisfaction of the Responsible Authority.

14. All buildings and works must be maintained in good order and appearance to the satisfaction of the Responsible Authority.

15. Noise emitted from the premises must not exceed limits prescribed by the State Environment Protection Policy (Control of Noise from Commerce, Industry and Trade) No. N-1.

16. The amenity of the area must not be detrimentally affected by the development and / or use through the:-

a. Transport of materials, goods or commodities to or from the land; b. Appearance of any building, works or materials; c. Emission of noise, artificial light, vibration, smell, fumes, smoke,

vapour, steam, soot, ash, dust, waste water, waste products, grit or oil; d. Presence of vermin; and e. In any other way

To the satisfaction of the Responsible Authority.

17. The loading and unloading of goods from or to vehicles must only be carried out on the site all to the satisfaction of the Responsible Authority.



Number of Patrons 18. The number of patrons within the convenience restaurant must not exceed 48.

Patron Management Plan 19. Prior to the occupation of the development, a Patron Management Plan, prepared to

the satisfaction of the Responsible Authority must be submitted and approved by the Responsible Authority. When approved, the plan will be endorsed and will then form part of the permit. The plan must address:-

a. The area to be covered by the Patron Management Plan; b. The requirement for a roster to be prepared, which outlines the number of

staff and the responsibilities and authorities of staff to be on the premises at all times;

c. The maintenance of a complaints register; d. The publication of a complaints telephone number and email address to

adjoining and nearby properties; e. Procedures to be undertaken by staff in the event of complaints by a

member of the public, the Victoria Police, or an ‘authorised officer’ of Council;

f. The measures to be taken by management and staff to ensure patrons depart the premises and the surrounding area in an orderly manner and car park patrols;

g. The measures to be taken by management and staff to ensure that patrons do not cause nuisance or annoyance to persons beyond the land;

h. Staff be authorised to make statements at any time on their own behalf to any officer of the Responsible Authority and / or to take action on behalf of the operator in accordance with a lawful direction by such officer; and

i. Procedures to evacuate the premises of staff and visitors in an orderly manner in the event of a high fire risk event.

20. The development must operate in accordance with the approved Patron Management Plan and any activities or ongoing obligations contained in the approved plan must be carried out in accordance with the approved plan.

Litter 21. Prior to the occupation of the development, a Litter Management Plan, prepared to

the satisfaction of the Responsible Authority must be submitted and approved by the Responsible Authority. When approved, the plan will be endorsed and will form part of the permit. The plan must show:-

a. The location of all rubbish bins within the site accessible to the public; and b. The conduct of a litter patrol to be undertaken on each day that the premises

are open for trading to the public within a 200 metre radius of the site to collect and dispose of any litter emanating from the site.

Lighting 22. Exterior lights must be installed in such positions to effectively illuminate all

pathways, car parks and other public areas to the satisfaction of the Responsible Authority.

23. Outdoor lighting must be provided, designed, baffled and located to the satisfaction of the Responsible Authority to prevent any adverse effect on neighbouring land.



Construction Management Plan 24. Prior to the commencement of any buildings or works, a Construction Management

Plan must be submitted to and approved by the Responsible Authority. When approved the plan will be endorsed to form part of the permit. Any plans submitted must be consistent with all other documents approved as part of this permit. The information must be drawn to scale, with dimensions, and three (3) copies must be provided. The plan is to include details of the following:-

a. Contact numbers of responsible owner / contractor, including emergency / 24 hour mobile contact details;

b. Identification of possible environmental risks associated with development works;

c. Response measures and monitoring systems to minimise identified environmental risks, including but not limited to runoff, erosion, dust, litter, noise and light;

d. Location and specifications of sediment control devices on / off site; e. Location and specifications of surface water drainage controls; f. Proposed drainage lines and flow control measures; g. Location of all stockpiles and storage of building materials; h. Location of parking for site workers and any temporary buildings or facilities; i. Details to demonstrate compliance with relevant EPA guidelines; and j. Hours during which construction activity will take place.

Waste Management Plan 25. Prior to the commencement of buildings and works, a waste management plan

(WMP) must be submitted for approval by the Responsible Authority. When approved, the WMP will be endorsed and form part of this permit. The plan must detail the method of garbage collection from the site, times and frequency of garbage collection, to the satisfaction of the Responsible Authority.

Permit Expiry 26. This permit will expire if one of the following circumstances applies:-

• The development is not commenced within two (2) years of the date of this permit.

• The development has not completed within four (4) years of the date of this permit.


Permit Notes A. Prior to the commencement of construction the operator of this Planning Permit

must obtain a non-refundable Asset Protection Permit from Frankston City Council’s Infrastructure Department.

B. Any request for a variation / amendment of this Permit or any condition must be lodged with the relevant fee.



C. Any request for time extension of this Permit shall be lodged with the relevant administration fee at the time the request is made. Pursuant to Section 69 of the Planning and Environment Act 1987 the Responsible Authority may extend the periods referred to if a request is made in writing within the following prescribed timeframes:-

• Before or within six (6) months after the permit expiry date, where the use or development allowed by the permit has not yet started;

• Within 12 months after the permit expiry date, where the development allowed by the permit has lawfully started before the permit expires.

If a request is made out of time, the Responsible Authority cannot consider the request and the permit holder will not be able to apply to VCAT for a review of the matter.

Carried For the Motion: Crs Cunial, Dooley, Mayer, O'Reilly, Spelman and Taylor Against the Motion: Crs Aitken and Hampton



10.3 Planning Permit Application 549/2013/P - Shop 1/428 Nepean Highway, Frankston - Variation to the existing Liquor Licence (licence type and maximum number of patrons) and waiver of car parking associated with use of the land as a restaurant (NR Chief Executive Office)

Council Decision Moved: Councillor Dooley Seconded: Councillor Cunial That Council resolves to issue a Notice of Decision to Grant a Planning Permit in respect to Planning Permit Application number 549/2013/P for a variation to the existing liquor licence (licence type Restaurant and Café Licence and increase number of patrons to 100), and waiver of car parking associated with use of the land for a restaurant at Shop 1 / 428 Nepean Highway, Frankston, subject to the following conditions:

Management Plan 1. Prior to the increase to the maximum number of patrons being permitted on

site at any one time, a management plan to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved the management plan(s) will be endorsed to form part of the permit. The management plan(s) must specify:-

a. The licensee will provide free phone calls of taxis for patrons upon their exit.

b. Measures to be taken by management and staff to ensure patrons depart the premises and the surrounding area in an orderly and quiet manner

c. Provision for sign(s) to encourage responsible off-site patron behaviour.

2. The use must be undertaken in accordance with the endorsed management plan at all times at all times the site is used to sell or consume alcohol to the satisfaction of the Responsible Authority

No Alterations 3. The use as shown on the endorsed plans must not be altered without the prior

written consent of the Responsible Authority.

Number of patrons 4. Not more than 100 patrons are permitted to be present on site at any one time.

Licenced Hours 5. Liquor must not be served outside the hours of:

• Sunday, between 10am and 11pm;

• Good Friday and Anzac Day, between 12 noon and 11pm; and

• On any other day, between 7am and 11pm.



Amenity 6. The licensee/permit holder shall not cause or permit undue detriment to the

amenity of the area to arise out of or in connection with the use of the premises to which the licence/permit relates during or immediately after trading hours authorised by the licence/permit.

7. Noise emitted from the premises must not exceed limits prescribed by the SEPP N-1 and SEPP N-2.

Permit Expiry 8. This permit will expire if one of the following circumstances applies:

• The use authorised by the permit is not commenced within two years of the date of this permit.

• The use authorised by this permit is discontinued for a continuous period of two (2) years.


Notes A. The owner/applicant of the subject site should join and comply with the

Frankston Liquor Industry Accord, which requires the member to serve liquor in a responsible manner.

B. Any request for an extension of time, or variation/amendment of this permit must be lodged with the relevant fee.

C. Any request for time extension of this Permit shall be lodged with the relevant administration fee at the time the request is made. Pursuant to Section 69 of the Planning and Environment Act 1987 the Responsible Authority may extend the periods referred to if a request is made in writing within the following prescribed timeframes:

a. Before or within 6 months after the permit expiry date, where the use or development allowed by the permit has not yet started;

b. Within 12 months after the permit expiry date, where the development allowed by the permit has lawfully started before the permit expires.

If a request is made out of time, the Responsible Authority cannot consider the request and the permit holder will not be able to apply to VCAT for a review of the matter.

Carried Unanimously



10.4 March Town Planning Progress Report (LR Chief Executive Office)

Council Decision Moved: Councillor Aitken Seconded: Councillor Cunial That Council receives and notes the report.

Carried Unanimously



11. CONSIDERATION OF REPORTS OF OFFICERS 11.1 Draft Environment Strategy: Greening Our Future

(LA Assets)

Council Decision Moved: Councillor Mayer Seconded: Councillor Aitken That:

1. Council endorses taking the Greening Our Future: Draft Environment Strategy out for public exhibition for a six (6) week period.

2. A report on any proposed changes to the draft strategy from the public exhibition period come back to Council in August 2014 with a final version of the Environment Strategy: Greening Our Future for consideration of adoption.

Carried Unanimously



11.2 Graffiti Management 3 Month Review (ML Assets)

Council Decision Moved: Councillor Hampton Seconded: Councillor O'Reilly That Council:

1. Notes the report.

2. Requests a further report to be presented to the December 2014 Council Meeting, reviewing the first 9 months of service, including financial costs.

Carried Unanimously



11.3 Council Plan Quarterly Performance Report for January to March 2013-2014 (MM Communities)

Council Decision Moved: Councillor Aitken Seconded: Councillor Spelman That Council receives and notes the Council Plan Quarterly Performance Report for July to September 2013-2014.

Carried Unanimously



11.4 Record of Assemblies of Councillors (MT Corporate)

Council Decision Moved: Councillor Mayer Seconded: Councillor Aitken That Council receives the following written records:

• 10 February 2014;






• 5 March 2014;

• 11 March 2014;

• 12 March 2014;

• 13 March 2014;

• 17 March 2014;

• 19 March 2014;

• 24 March 2014;

• 26 March 2014;

• 31 March 2014;

• 2 April 2014;

• 7 April 2014; and

• 14 April 2014.

Carried Unanimously



11.5 Capital Works Monthly Report for quarter ending March 2014 (SC Assets)

Council Decision Moved: Councillor Mayer Seconded: Councillor Aitken That Council:

1. Notes the Capital Works Report for the quarter ending March 2014.

2. Endorses the listed budget adjustments.

3. Endorses the current revised capital works budget as $67,596,625.

Carried Unanimously



12. NOTICES OF MOTION 12.1 Notice of Motion Cr Brian Cunial Supporting Frankston Bombers Football Club -

Book launch (AC Chief Executive Office)

Council Decision Moved: Councillor Cunial Seconded: Councillor Aitken

That the cost of hiring the Mechanics Institute Hall for the Frankston Bombers Football Club book launch being held on the 24th of May this year be reimbursed to the Club for the maximum amount of $480 and that my Councillor Discretionary fund this cost.

Carried Unanimously



12.2 Review of the Bushfire Protection Exemptions in Planning Schemes (NN Chief Executive Office)

Extension of Time Moved: Councillor Cunial Seconded: Councillor Dooley That Cr Aitken be granted an extension of time.

Carried Unanimously

Council Decision Moved: Councillor Aitken Seconded: Councillor Cunial That Council writes to the Minister for Planning, requesting an urgent review of the Bushfire Protection Exemptions (10/30 rule) of Planning Schemes as there is misuse of these provisions in the metropolitan area, resulting in a dramatic loss of many large and significant mature trees in areas of no little or no significant fire threat.

Carried Unanimously



12.3 Recommendations of the MAV (MT Corporate)

Council Decision Moved: Councillor Mayer Seconded: Councillor Aitken

That the Councillor Code of Conduct be amended to include the following recommendations by the MAV:

1. A Councillor who becomes an endorsed candidate of a registered political party or publicly expresses an intention to run as an independent candidate for a state or federal election (a Prospective Candidate), should provide written advice to the CEO, as soon as practicable, who should then advise all Councillors.

2. A Councillor who is a Prospective Candidate, should declare his/her intended candidacy at a meeting of the council as soon as practicable after notifying the CEO pursuant to Guideline 1.

3. A Councillor who nominates as a candidate for a state or federal election (a Nominated Candidate), should apply for leave of absence from the council and this leave of absence should commence no later than the date of their nomination as a candidate with the relevant electoral commission for the election (Nomination Date) and conclude no earlier than the close of voting for the election. During this period, a Councillor who is on a leave of absence should not attend meetings of the council or otherwise act as a Councillor

4. Any Councillor / staff relationship protocol which the council has in place in respect of the caretaker period prior to a council election, should be observed by a Nominated Candidate and this should apply from their Nomination Date until the close of voting for the election.

5. A council, upon receiving an application for a leave of absence from a Councillor who is a Nominated Candidate or who intends to become a Nominated Candidate, should approve that application.

6. A Councillor who is a Prospective Candidate or a Nominated Candidate, should take care to differentiate between his/her role as a state or federal election candidate and role as a Councillor when making public comment.

7. A Councillor who is a Prospective Candidate or a Nominated Candidate, should not use council resources, including council equipment and facilities in relation to his/her candidacy.

8. A Councillor who is a Prospective Candidate or a Nominated Candidate, should not use council activities, including committee meetings and council-related external activities in relation to his/her candidacy.

9. That Council write to the MAV to have included in the Local Government Act that if the Mayor of the day is preselected for any political party or indicate their intention to nominate for State or Federal election as an independent, then the Mayor stand down from the Mayoral position as soon as they are preselected or if their intentions are made known.

10. That the MAV submit these recommendations to the Human Rights and Equal Opportunities Commission for appraisal.

Carried Unanimously



12.4 Letter of Excellence - under Common Seal of Council for Mr Brian McMannis ESM - Frankston SES Controller (AC Chief Executive Office)

Council Decision Moved: Councillor Cunial Seconded: Councillor Mayer That a letter of excellence under Council’s Common Seal be prepared for Mr Brian McMannis ESM – Frankston SES Controller who retires from the controller position after 28 years of dedicated service and that the letter of excellence be presented by the Mayor to Mr McMannis at his retirement dinner on Saturday 14th June 2014.

Carried Unanimously

The Mayor and Councillors thanked Emma Smith, Media and Communications Coordinator, for her services to the organisation and wished her all the best.

Councillor Mayer thanked Libby Anthony, former Environment Manager, for her services to the organisation and wishes her all the best.



13. LATE REPORTS Nil



14. URGENT BUSINESS All Urgent Business items were brought forward. Please refer to pages 10 to 13 of the Minutes.


Confidential Items 64 05 May 2014 OM254

15. CONFIDENTIAL ITEMS

Council Decision Moved: Councillor Cunial Seconded: Councillor Hampton

That the Ordinary Council Meeting be closed to the public to consider the following items which are of a confidential nature, pursuant to section 89(2) of the Local Government Act (LGA) 1989 for the reasons indicated:

C.1 Hard Waste and Bundled Green Waste Collection Contract Extension Agenda Item C.1 Hard Waste and Bundled Green Waste Collection Contract Extension is designated confidential as it relates to contractual matters (s89 2d)

C.2 Proposed Assignment of Lease - Beach Cafe - 10N Nepean Highway Seaford Agenda Item C.2 Proposed Assignment of Lease - Beach Cafe - 10N Nepean Highway Seaford is designated confidential as it relates to contractual matters (s89 2d)

C.3 Replacement of Roof - City of Frankston Bowling Club Agenda Item C.3 Replacement of Roof - City of Frankston Bowling Club is designated confidential as it relates to Any other matter which the Council or special committee considers would prejudice the Council or any person (s89 2h)

C.4 Confidential Papers - Expiry of Confidential Period - Payroll Improvement Project Documentation Agenda Item C.4 Confidential Papers - Expiry of Confidential Period - Payroll Improvement Project Documentation is designated confidential as it relates to Any other matter which the Council or special committee considers would prejudice the Council or any person (s89 2h)

C.5 Appointment of Chairperson to the Audit and Risk Management Committee Agenda Item C.5 Appointment of Chairperson to the Audit and Risk Management Committee is designated confidential as it relates to Any other matter which the Council or special committee considers would prejudice the Council or any person (s89 2h)

C.6 Award of Contract for Internal Audit Services Agenda Item C.6 Award of Contract for Internal Audit Services is designated confidential as it relates to contractual matters (s89 2d)

C.7 Award of Contract 2013/14 - 44 for Frankston Park Community Function Centre Agenda Item C.7 Award of Contract 2013/14 - 44 for Frankston Park Community Function Centre is designated confidential as it relates to contractual matters (s89 2d)

Carried Unanimously


Confidential Items 65 05 May 2014 OM254

The meeting closed at 9.34pm p.m. CONFIRMED THIS DAY OF 2014 ……………………………………………..

CHAIRPERSON

AUTHORITY TO STAMP INITIALS ON MINUTES I, Cr. Darrel Taylor, Chairperson – Council Meeting hereby authorise the use of a stamp of my initials to initial each page of these Minutes of the Council Meeting held on Monday 5 May 2014, confirmed on Monday 26 May 2014. …………………………………………………………… (Cr. Darrel Taylor, Chairperson – Council Meeting) Dated this day of 2014

Question Time 5 May 2014 (OM254)

Richard Casley

QUESTION 1:

I recognise the seriousness of neighbour’s concerns allegedly related to Daly Street rooming houses and I ask why is Council pursuing an investigation, now that the principal petitioner and all petitioning residents have never complained or even spoken directly to the operators of rooming houses since their start up 6 to 8 years ago RESPONSE: Comments from General Manager Communities While Council encourages neighbours to settle their differences amicably and in person, it is accepted that there may be a variety of circumstances that prevent this process from occurring.

Council not only has a responsibility to investigate allegations subject to legislative authority and or local laws compliance; but is committed to promoting an environment that encourages our community to voice their concerns knowing that they will be taken seriously and dealt with appropriately.

It is desirable that all communities can live in harmony without fear or stress relating to antisocial behaviour. Officers work to fully understand the nature of complaints to ensure fair and reasonable responses to situations that give rise to grievances. Any investigation conducted by Council is conducted in a non-judgemental, transparent and equitable manner. .

minutes of ordinary meeting - 5 may 2014 · construction of one (1) double storey dwelling and two...

Documents