KNOX CITY COUNCIL€¦ · minutes for the ordinary meeting of council to be held at the civic centre, 511 burwood highway, wantirna south on tuesday 24 september 2013 at 7.00 p.m

KNOX CITY COUNCIL MINUTES

Ordinary Meeting of Council

Held at the Civic Centre

511 Burwood Highway Wantirna South

On

Tuesday 24 September 2013

MINUTES FOR THE ORDINARY MEETING OF COUNCIL TO BE HELD AT THE

CIVIC CENTRE, 511 BURWOOD HIGHWAY, WANTIRNA SOUTH ON

TUESDAY 24 SEPTEMBER 2013 AT 7.00 P.M. PRESENT:

Cr Karin Orpen (Mayor & Chairperson) Dobson Ward Cr P Lockwood Baird Ward Cr J Mortimore Chandler Ward Cr J Cossari Collier Ward Cr A Gill Dinsdale Ward Cr T Holland Friberg Ward Cr D Cooper Scott Ward Cr D Pearce Taylor Ward Cr N Seymour Tirhatuan Ward Mr G Emonson Chief Executive Officer Dr I Bell Director – Engineering & Infrastructure Mr A Kourambas Director - City Development Mr M Dupe Director – Corporate Development Ms K Stubbings Director – Community Services Mr R Thomas Manager - Governance

THE MEETING OPENED WITH A STATEMENT OF ACKNOWLEDGEMENT AND A STATEMENT OF COMMITMENT

“Knox City Council acknowledges we are on the

traditional land of the Wurundjeri and Bunurong people and pay our respects to elders both past and present.”

BUSINESS: Page Nos. 1. APOLOGIES AND REQUESTS FOR LEAVE OF ABSENCE Nil 2. DECLARATIONS OF CONFLICT OF INTEREST Pursuant to Section 79 of the Local Government Act 1989 (the Act), Councillor

Mortimore declared an indirect interest pursuant to Section 78D of the Act in Item 9.1 on the grounds that he holds Office in an association, The Basin Music Festival Association Inc., which is a proposed beneficiary from this item.

3. CONFIRMATION OF MINUTES

MOVED: CR. COSSARI SECONDED: CR. COOPER 3.1 Confirmation of Minutes of Ordinary Meeting of Council held on

Tuesday 27 August 2013 CARRIED MOVED: CR. LOCKWOOD SECONDED: CR. GILL 3.2 Confirmation of Minutes of Strategic Planning Committee

Meeting held on Tuesday 10 September 2013 CARRIED

4. PETITIONS AND MEMORIALS 4.1 Councillor Pearce presented a petition with 8 signatories requesting

Council to cease the installation of a bus shelter adjacent to 62 Liberty Avenue, Rowville.

The Petition lay on the table.

5. REPORTS BY COUNCILLORS

5.1

Committees & Delegates

1.

5.2

Ward Issues

3.

COUNCIL 24 September 2013 6. CONSIDERING AND ORDERING UPON OFFICERS’ REPORTS WITHIN THE

CITY DEVELOPMENT GROUP

6.1

All Wards Report Of Planning Applications Decided Under Delegation

5.

6.2

Baird Ward Application To Develop The Land For A Three Storey Apartment Building Containing Fifteen (15) Dwellings At 5 Woodvale Road, Boronia, Melway Ref. 64 H9 (Application No. P/2012/6761)

11.

6.3

Dinsdale Ward Application To Develop The Land For Twelve Double Storey Dwellings At 3-5 Alwyn Street, Bayswater, Melway Ref 64 E4 (Application No P/2013/6135)

42.

6.4

All Wards Instrument of Delegation - Planning Functions

76.

6.5

All Wards Instrument of Delegation - Domestic Animals, Environment Protection and Food Functions

88.

6.6

All Wards Economic Development Committee 2012/13 Annual Progress Report and Committee Terms of Reference Update

124.

7. PUBLIC QUESTION TIME (Following the completion of business relating to Item 6, City Development, the business before the Council Meeting will be deferred to consider questions submitted by the public). 144. 8. CONSIDERING AND ORDERING UPON OFFICERS’ REPORTS WITHIN THE

ENGINEERING & INFRASTRUCTURE GROUP

8.1

All Wards Road Management Responsibilities - Instrument of Delegation

146.

8.2

All Wards Contract No. 2002 - 2013/14 Road Pavement Resurfacing Program

193.

COUNCIL 24 September 2013 9. CONSIDERING AND ORDERING UPON OFFICERS’ REPORTS WITHIN THE

COMMUNITY SERVICES GROUP

9.1

All Wards 2013-14 Community Development Fund Evaluation Panel Recommendations

199.

9.2

All Wards Draft Knox Community Safety Plan 2013-2017

220.

10. CONSIDERING AND ORDERING UPON OFFICERS’ REPORTS WITHIN THE

CORPORATE DEVELOPMENT GROUP

10.1

Dobson Ward Lease of Council Property - 8 Kevin Avenue, Ferntree Gully

226.

10.2

Collier Ward Proposed Discontinuance and Sale of Road (Known as Kidderminster Drive) between 4 and 6 Ainsdale Avenue, Wantirna

230.

11. ITEMS FOR INFORMATION

11.1

All Wards Assemblies of Councillors

236.

11.2

All Wards Works Report as at 9 September 2013

257.

12. MOTIONS FOR WHICH NOTICE HAS PREVIOUSLY BEEN GIVEN 274. 13. SUPPLEMENTARY ITEMS 274. 14. URGENT BUSINESS 274. 14.1 Urgent Business 274. 14.2 Call Up Items 274.

14.2.1 Local Drainage Issues 274.

15. QUESTIONS WITHOUT NOTICE 275. GRAEME EMONSON CHIEF EXECUTIVE OFFICER

1 COUNCIL - REPORTS BY COUNCILLORS 24 September 2013

5. REPORTS BY COUNCILLORS

5.1 Committees & Delegates 5.1.1 COUNCILLOR DAVID COOPER Councillor Cooper attended the following Meetings

· Holy Trinity Primary School Award Presentations · Knox Central Advisory Committee · Knox Gardens Primary School Award Presentations 5.1.2 COUNCILLOR NICOLE SEYMOUR Councillor Seymour attended the following Meetings

· Tour of JELD-WEN/Stegbar Premises · Rowville Community Reference Group (x 3) · Scoresby Football Club · Multicultural Harmony Festival · Young Leaders Forum · Scoresby Junior Football Club · Dinsdale Ward Function · Schools and Clergy Luncheon · Rowville Primary School Production 5.1.3 COUNCILLOR PETER LOCKWOOD Councillor Lockwood attended the following Meetings

· Public Transport Consultative Committee · Eastern Regional Libraries Corporation Board · Arts and Cultural Development Advisory Committee · Planning Consultative Committee · Eastern Transport Coalition · Launch of Knox Inter Faith Network's Images of Many Communities in

One Photographic Exhibition · Citizenship Ceremony 5.1.4 COUNCILLOR DARREN PEARCE Councillor Pearce attended the following Meetings

· Rowville Community Reference Group · Knox Central Advisory Committee · Planning Consultative Committee


5.1 Committees & Delegates (cont'd) 5.1.5 COUNCILLOR JOE COSSARI Councillor Cossari attended the following Meetings

· Perspectives on Place - Bunjil Way 5.1.6 COUNCILLOR JOHN MORTIMORE Councillor Mortimore attended the following Meetings

· Youth Issues Advisory Committee · Young Leaders Forum · St Bernadette's Primary School Award Presentations · Dinsdale Ward Reception · Boronia K-12 College Award Presentations · Planning Consultative Committee · Environment Advisory Committee 5.1.7 COUNCILLOR TONY HOLLAND Councillor Holland attended the following Meetings

· Perspectives on Place - Bunjil Way · Mountain Gate Business Association Inc · Dinsdale Ward Reception · Citizenship Ceremony 5.1.8 COUNCILLOR KARIN ORPEN (MAYOR) Councillor Orpen attended the following Meetings

· National Meals on Wheels Volunteer Thank You · Ferntree Gully North Primary School · Launch of Knox Share the Joy Christmas Appeal · Ferntree Gully Village Draft Structure Plan Community Meeting · Dinsdale Ward Reception · Ferntree Gully North Primary School Award Presentations · Knox Historical Society Annual General Meeting · Upper Ferntree Gully Junior Football Club Presentations · St Joseph's College Award Presentation · Rotary Club of Ferntree Gully Address · Planning Consultative Committee · St John the Baptist Primary School Award Presentations · Eastern Football League 1st Division Grand Final Luncheon · Ferntree Gully Football Club Presentations · Young Leaders Forum · Schools and Clergy Luncheon


5.2 Ward Issues 5.2.1 COUNCILLOR HOLLAND (FRIBERG WARD) · Councillor Holland advised of his recent attendance on behalf of the

Mayor at the opening of a collaborative arts and cultural project on the Bunjil Way underpass. The installation of this 16 metre mural is hoped to prevent tagging on the underpass.

· Councillor Holland advised he was hopeful that the funds promised in the lead up to the federal election for the development of Mountain Gate Shopping Centre would be forthcoming. The Mayor Councillor Orpen advised that a letter had been sent to Council’s local federal Member of Parliament to clarify when the funding will be made available.

5.2.2 COUNCILLOR MORTIMORE (CHANDLER WARD) · Councillor Mortimore expressed his thanks on behalf of residents for

works carried out in his ward.

· Councillor Mortimore advised that the single biggest issue concerning his community currently is waiting for the State Government to sign off on Amendment C95 which relates to amendments to the planning controls of the Boronia Structure Plan. Councillor Mortimore was hopeful that this would happen soon.

5.2.3 COUNCILLOR PEARCE (TAYLOR WARD) · Councillor Pearce was pleased to advise of the recent success of the

Knox District Cubs Billy Cart Rally held at Heany Park Scout Camp. Approximately 150 children participated in the gathering which provided a fantastic outlet for activity and exercise.

5.2.4 COUNCILLOR LOCKWOOD (BAIRD WARD) · Councillor Lockwood advised that the population of Knox had declined

by approximately 1% between 2009 and 2012 which has resulted in an impact on library funding.


5.2 Ward Issues (cont'd)

5.2.5 COUNCILLOR SEYMOUR (TIRHATUAN WARD) · Councillor Seymour advised that she had received a number of drainage

and flooding complaints from residents of her ward as a result of above average rainfall this winter and provided notice of her intention to raise a call up item in relation to this issue.

· Councillor Seymour advised that there were continuing issues with regard to non compliance with planning permits in her ward particularly in relation to construction amenity and failure to fulfil landscape requirements. Councillor Seymour advised that she had raised these concerns with the Director City Development.

5.2.6 COUNCILLOR COOPER (SCOTT WARD) · Councillor Cooper advised of his recent attendance at the Knox Gardens

and Holy Trinity Primary Schools. He noted it was pleasing to see such a strong focus on community participation and values by the administration and students.

5 COUNCIL – CITY DEVELOPMENT 24 September 2013

ALL WARDS

6.1 REPORT OF PLANNING APPLICATIONS DECIDED UNDER DELEGATION

SUMMARY: Manager – City Planning (Paul Dickie)

Details of planning applications considered under delegation are referred for information. It is recommended that the items be noted.

That the planning applications decided under delegation report (between 1 August to 31 August 2013) be noted.

RECOMMENDATION

Details of planning applications decided under delegation from 1 August to 31 August 2013 are attached. The applications are summarised as follows:

REPORT

Application Type No Building Extensions: Residential Other

13 2

Units 14

Dwelling 5

Tree Removal/Pruning 21

Subdivision 11

Sign 1

Place of Assembly 1

Change of Use 2

Commercial 3

TOTAL 73 COUNCIL RESOLUTION MOVED: CR. PEARCE SECONDED: CR. COSSARI

That the planning applications decided under delegation report (between 1 August to 31 August 2013) be noted. CARRIED


Knox City Council Planning Applications Decided by Responsible Officer

1 August 2013 to 31 August 2013

Ward No/ Type Address Description Decision:

Baird 2013/6332 9/45 Scoresby Road BAYSWATER VIC 3153

Change of Use (Restricted Recreation Facility)

26/08/2013 Approved

Baird 2012/6527 22 Sundew Avenue BORONIA VIC 3155

Development of the land for four double storey dwellings to the rear of the existing dwelling

5/08/2013 Notice of Decision

Baird 2013/6073 11 Ramage Street BAYSWATER VIC 3153

Extension of office on mezzanine level and associated reduction of car parking

14/08/2013 Approved

Baird 2012/6801 2 Callemondah Court FERNTREE GULLY VIC 3156

The construction of four single storey dwellings on the land

22/08/2013 Approved

Baird 2013/6428 4 Wills Street BORONIA VIC 3155

2 Lot Subdivision (Approved Unit Site)

30/08/2013 Approved

Baird 2013/6325 3 Woodvale Road BORONIA VIC 3155 2 lot Subdivision 19/08/2013

Approved

Chandler 2013/6520 2 Norman Street THE BASIN VIC 3154

Removal of one dead Eucalyptus goniocalyx and the pruning of three Eucalyptus goniocalyx and one Corymbia ficfolia

6/08/2013 Approved

Chandler 2013/6512 16 Stewart Street BORONIA VIC 3155

The removal of thirteen (13) trees

2/08/2013 Approved

Chandler 2013/6461 388 Dorset Road BORONIA VIC 3155

Construction of a Garage and vegetation removal

30/08/2013 Approved

Chandler 2013/6509 21 Underwood Road BORONIA VIC 3155

Removal of one (1) dead Eucalyptus viminalis

1/08/2013 Approved

Chandler 2013/6144 57 Mercia Avenue THE BASIN VIC 3154

Development of the land for a single dwelling and the removal of native vegetation

29/08/2013 Approved

Chandler 2013/6537 10 Lockwoods Road BORONIA VIC 3155

The removal of four trees (Chamaecyparis sp., Ulmus glabra 'Lutescens' Grevilela robusta & Acacia dealbata) & prune five trees (Pittosporum eugenioides 'Variegatum', Liquidambar styraciflua, Fraxinus excelsoir 'Aurea', Photinia serrulata, Cupressus torulo

15/08/2013 Approved

Chandler 2013/6388 40 Lockwoods Road BORONIA VIC 3155

Buildings and Works (Double Garage)

15/08/2013 Approved

Chandler 2012/6731 6 Conyers Street THE BASIN VIC 3154

Development of the site for a single dwelling

23/08/2013 Approved



Chandler 2013/6576 27 Marland Road BORONIA VIC 3155

The removal of a Quercus robur and the pruning of a Quercus robur and Quercus canariensis.

27/08/2013 Approved

Chandler 2013/6454 334 Dorset Road BORONIA VIC 3155

Buildings and works for the addition of a carport and a pergola to the existing dwelling and new front fence

30/08/2013 Approved

Chandler 2012/6811 43 Chandler Road BORONIA VIC 3155

Development of the land for 15 double storey dwellings and the removal of vegetation


Chandler 2013/6316 2/98 Albert Avenue BORONIA VIC 3155

Development of the land for a single storey dwelling

16/08/2013 Approved

Chandler 2013/6308 6 Wicks Road THE BASIN VIC 3154

Buildings and works (extension to the existing dwelling)

30/08/2013 Approved

Chandler 2013/6369 12 Pinevale Court BORONIA VIC 3155

Buildings and works (construction of a carport)

2/08/2013 Approved

Chandler 2013/6319 23 Royalden Close BORONIA VIC 3155

Buildings and Works (Proposed Garage, Verandah and Addition to existing Dwelling)

12/08/2013 Approved

Chandler 2013/6513 1294 Mountain Highway THE BASIN VIC 3154

Removal of three trees (2 x Eucalyptus obliqua & 1 x Eucalyptus radiata)

2/08/2013 Approved

Chandler 2013/6586 151 Albert Avenue BORONIA VIC 3155

The removal of one Eucalyptus scoparia (Wallangarra White Gum)

29/08/2013 Approved

Chandler 2013/6551 33 Baldwin Avenue BORONIA VIC 3155

The removal of one Liriodendron tulipifera (Tulip tree).

22/08/2013 Approved

Chandler 2013/6341 28 Blythe Avenue BORONIA VIC 3155

Construction of a two (2) car carport

2/08/2013 Approved

Chandler 2013/6570 34 Dorrigo Drive BORONIA VIC 3155

The removal of one Eucalyptus botryoides

30/08/2013 Approved

Chandler 2012/6245 6 Kay Court BORONIA VIC 3155

Subdivision of the land into two (2) lots

8/08/2013 Approved

Chandler 2013/6528 20 Daffodil Road BORONIA VIC 3155

Remove 1 dead Eucalyptus radiata tree

9/08/2013 Approved

Collier 2013/6154 497 Mountain Highway BAYSWATER VIC 3153

Internally illuminated Pylon Sign

30/08/2013 Approved

Collier 2013/6099 7 Cheviot Close WANTIRNA VIC 3152

Development of the land for a double storey dwelling to the rear of the existing dwelling and alterations to the existing dwelling

6/08/2013 Approved

Collier 2013/6236 17 Templeton Street WANTIRNA VIC 3152

Development of the land for two (2) double storey and one (1) single storey dwelling


Dinsdale 2013/6403 2A Kingsford Street & 477 Boronia Road WANTIRNA SOUTH VIC 3152

2 (Two) Lot Subdivision (Approved Unit Site)

26/08/2013 Approved



Dinsdale 2013/6532 71 Rathmullen Road BORONIA VIC 3155

Pruning of three Eucalyptus radiata and the removal of one Eucalyptus radiata

14/08/2013 Approved

Dinsdale 2013/6172 1 Tilba Place WANTIRNA SOUTH VIC 3152

The construction of a double storey dwelling to the rear of the existing dwelling

8/08/2013 Refused

Dinsdale 2013/6375 27 Orchard Road BAYSWATER VIC 3153

Two (2) Lot Subdivision (approved development site)

14/08/2013 Approved

Dinsdale 2013/6381 43 Pindari Drive BAYSWATER VIC 3153

2 Lot Subdivision (approved development site)

21/08/2013 Approved

Dobson 2013/6406 18 Renown Street FERNTREE GULLY VIC 3156 Buildings and Works (Carport) 2/08/2013

Approved

Dobson 2013/6287 8/1154 Burwood Highway UPPER FERNTREE GULLY VIC 3156

Use of the premises as a Place of Assembly and associated reduction in the required number of car parking spaces


Dobson 2013/6566 6 Chalmers Grove UPPER FERNTREE GULLY VIC 3156

Removal of two trees (Eucalyptus nicholii, Eucalyptus viminalis)

26/08/2013 Approved

Dobson 2013/6526 2/54 Old Belgrave Road UPPER FERNTREE GULLY VIC 3156

Pruning of one (1) Eucalyptus cypellocarpa tree

12/08/2013 Approved

Dobson 2013/6409 3 Roberts Street FERNTREE GULLY VIC 3156

Development of the land for a single storey dwelling

23/08/2013 Approved

Dobson 2013/6368 8 Sunset Terrace LYSTERFIELD VIC 3156

Extension to existing dwelling (garage, gym, second storey retreat)

5/08/2013 Approved

Dobson 2013/6164 21 Fern Road UPPER FERNTREE GULLY VIC 3156

Development of the land for a dwelling and the removal of two (2) trees

13/08/2013 Approved

Dobson 2012/6745 91 Hancock Drive FERNTREE GULLY VIC 3156

The development of the land for a double storey dwelling to the side of the existing dwelling


Dobson 2013/6535 19A Myrtle Crescent FERNTREE GULLY VIC 3156

The removal of one Eucalyptus goniocalyx

13/08/2013 Approved

Dobson 2013/6390 29 Hunter Street FERNTREE GULLY VIC 3156

Dwelling addition - deck and sunroom

6/08/2013 Approved

Dobson 2013/6466 16 Newton Street FERNTREE GULLY VIC 3156


20/08/2013 Approved

Dobson 2013/6577 5 Brenock Park Drive FERNTREE GULLY VIC 3156

The removal of eleven trees and the pruning of eleven trees as detailed in the arboricultural report prepared by Andrew McKernan of GardenGlow Tree Care Pty. Ltd. For life and limb dated 1/8/2013.

26/08/2013 Approved



Dobson 2013/6553 54 Alma Avenue FERNTREE GULLY VIC 3156

Habitat pruning of a dead Eucalyptus macrorhyncha and the pruning of a Eucalyptus obliqua.

22/08/2013 Approved

Dobson 2013/6324 18 Bales Street FERNTREE GULLY VIC 3156

2 lot Subdivision (Approved Unit Site)

14/08/2013 Approved

Dobson 2013/6374 23 Francis Crescent FERNTREE GULLY VIC 3156


1/08/2013 Approved

Dobson 2013/6300 25 Blackwood Park Road FERNTREE GULLY VIC 3156

Construction of a Garage 30/08/2013 Approved

Dobson 2013/6565 39 St Elmo Avenue FERNTREE GULLY VIC 3156

The removal of six trees (Eucalyptus goniocalyx, Salix sp, Eucalyptus obliqua, Eucalyptus radiata, Callistemon sp, Melaleuca bracteata) and the pruning of one tree (Eucalyptus ovata)

23/08/2013 Approved

Dobson 2013/6555 15 St Elmo Avenue FERNTREE GULLY VIC 3156

The removal of two (2) Eucalyptus obliqua (Messmate) and the pruning of one (1) Eucalyptus obliqua (Messmate) and one (1) Eucalyptus radiata (Narrow leaf Peppermint)

30/08/2013 Approved

Dobson 2013/6521 5 Newton Street FERNTREE GULLY VIC 3156

Removal of eight Leyland Cypress trees

8/08/2013 Approved

Dobson 2013/6587 10B/97 Underwood Road FERNTREE GULLY VIC 3156

The removal of two Leyland cypress trees

30/08/2013 Approved

Friberg 2013/6351 4-8 Hayward Road FERNTREE GULLY VIC 3156

Change of Use (Dance Studio) and associated Buildings and Works

29/08/2013 Approved

Friberg 2012/6803 11 Cherrytree Rise KNOXFIELD VIC 3180

Development of the land for three (3) dwellings - two (2) double storey and one (1) single storey


Friberg 2013/6427 10 Lydford Road FERNTREE GULLY VIC 3156 2 Lot Subdivision 30/08/2013

Approved

Friberg 2013/6323 4 Conn Street FERNTREE GULLY VIC 3156

4 Lot Subdivision (Approved Unit Site)

26/08/2013 Approved

Friberg 2013/6176 780 Burwood Highway FERNTREE GULLY VIC 3156

Buildings and Works (detatched showroom and associated signage)

26/08/2013 Approved

Friberg 2013/6365 1756 Ferntree Gully Road FERNTREE GULLY VIC 3156

Development of the land for a single storey dwelling to the rear of the existing dwelling

30/08/2013 Approved



Friberg 2013/6039 427 Scoresby Road FERNTREE GULLY VIC 3156

Development of land for second dwelling to the rear of the existing dwelling and alteration to a Category 1 Road.

29/08/2013 Approved

Friberg 2013/6167 22 Rickards Avenue KNOXFIELD VIC 3180

The construction of a single storey dwelling to the rear of the existing dwelling

14/08/2013 Approved

Taylor 2013/6013 30 Wentworth Avenue ROWVILLE VIC 3178

Two (2) Lot Subdivision (Approved Unit Site)

12/08/2013 Approved

Taylor 2013/6594 6/71 Major Crescent LYSTERFIELD VIC 3156

The removal of one (1) Cupressus macrocarpa (Monterey Cypress) and the pruning of one (1) Quercus robur (English Oak)

30/08/2013 Approved

Tirhatuan 2013/6202 5 Enterprise Drive ROWVILLE VIC 3178

Development of the land for a building containing five (5) offices and twelve warehouses, business identification signage & reduction in car parking of 16 spaces

2/08/2013 Approved

Tirhatuan 2013/6196 52 Sheppard Drive SCORESBY VIC 3179

Development of the land for two (2) double storey dwellings


Tirhatuan 2013/6280 1088-1090 Stud Road ROWVILLE VIC 3178

36 Lots Subdivision (Approved unit development)

5/08/2013 Approved

Tirhatuan 2013/6443 19 Happy Valley Court ROWVILLE VIC 3178

The development of the land for a single storey dwelling to the rear of the existing dwelling

28/08/2013 Approved

Tirhatuan 2013/6393 Lot 1 Caribbean Drive SCORESBY VIC 3179

Buildings and works (Mezzanine level within existing warehouse)

1/08/2013 Approved

Tirhatuan 2013/6378 LOT A Wellington Road ROWVILLE VIC 3178

Development of the land for a two storey commercial building, dispensation of car parking, signage, and change of use to include an Indoor Recreation Facility.

12/08/2013 Approved

Tirhatuan 2012/6858 25 Rosehill Street SCORESBY VIC 3179

Development of the land for a double storey dwelling to the rear of the existing dwelling and construction of a carport to existing dwelling


TOTAL: 73


BAIRD WARD

6.2 APPLICATION TO DEVELOP THE LAND FOR A THREE STOREY APARTMENT BUILDING CONTAINING FIFTEEN (15) DWELLINGS AT 5 WOODVALE ROAD, BORONIA, Melway Ref. 64 H9 (Application No. P/2012/6761)

1. SUMMARY:

Land: 5 Woodvale Road, Boronia Applicant: Peter Brown Architects Pty Ltd Proposed Development: The construction of a three storey

apartment building containing fifteen (15) dwellings

Existing Land Use: Single Dwelling Area/Density: 976m2 / 1:65m2 Zoning: Residential 1 Zone Overlays: Design and Development Overlay

(Schedule 7) Local Policy: Municipal Strategic Statement (MSS)

Boronia Activity Centre Local Policy Housing Policy

Application Received: 18 October 2012 Number of Objections: 9 PCC Meeting: N/A Assessment:

An application for review of Council’s failure to make a decision within the prescribed timeframes of the Planning and Environment Act 1987 has been lodged with VCAT.

The proposal is not considered to be consistent with the Municipal Strategic Statement, Housing Policy, and ResCode.

The proposal is also not consistent with the Design and Development Overlay Schedule 7 as proposed under Amendment C95.

On balance it is considered that the proposal does not respond well to Local Planning Policies. If Council were in a position to decide on the application, it is recommended that a Notice of Refusal would have been issued.

12 COUNCIL – CITY DEVELOPMENT 24 September 2013 6.2 5 Woodvale Road, Boronia (cont’d)

2.1 Background

2. BACKGROUND

On 28 May 2013, Council resolved to seek an amendment to the Boronia Structure Plan Local Policy and the Design and Development Overlay (Schedule 7) in the Knox Planning Scheme. The Council resolution is as follows:

“That Council:

1. Rescind the resolution of the Strategic Planning Committee dated 8 February 2011 that Council:

1.1 Seek authorisation from the Minister for Planning to prepare and exhibit Amendment C95;

1.2 Subject to receiving authorisation from the Minister for Planning, place Amendment C95 on public exhibition for a period of at least one month;

1.3 Authorise the Director City Development to make minor changes to Amendment C95, where changes do not affect the purpose or intent of the Amendment; and

1.4 Notify by mail the owners and occupiers of the affected properties and relevant government authorities and Ministers. Notification will include public notices in the Government Gazette, Knox Leader and Knox Weekly newspapers.

2. Seek authorisation from the Minister for Planning for the preparation of Amendment C95 as revised and shown in Appendix A, Version 2, 28 May 2013 (as tabled) under Section 20(4) of the Planning & Environment Act 1987; requesting exemption from giving public notice of this Amendment;

3. Note the proposed Amendment documentation that will be submitted to the Minister (Appendix A Version 2, 28 May 2013 as tabled) for approval;

4. In the event that authorisation of Amendment C95 is refused (under Section 20(4) of the Act), seek authorisation from the Minister for Planning for the preparation and public exhibition of Amendment


5. Authorise the Director – City Development to make changes to Amendment C95 where changes do not affect the purpose or intent of the Amendment."

Documentation has been submitted to the Minster and is currently under consideration. The amendment relates to the Established Residential Environs, Dispersed Infill Residential, and Increased Residential Density areas of the Boronia Structure Plan. Specifically in relation to this application, the Established Residential Environs areas have been amended to discourage apartment style construction, require development to contribute to the characteristics of the foothills, provide a positive contribution and respect the existing character of the area, and provide a transition in built form from the Activity Centre to the foothills.

Amendment C95 is a seriously entertained document, and as such, will be considered as part of the assessment of this application.

2.2 Subject Site and Surrounds The location of the subject site is shown in Appendix A.

· The subject site is located on the eastern side of Woodvale Road, Boronia. The site has an overall area of 976m2 with a frontage to Woodvale Road of 21.34 metres and a depth of 45.72 metres. A single storey weatherboard dwelling and associated outbuildings currently exist on the site. A 1.83 metre wide easement runs along the rear boundary and there is a 1 metre fall from north to south.

· The subject site adjoins residential properties to the north, south and east (fronting Narcissus Avenue). On the opposite side of Woodvale Road, properties are developed for residential purposes. St Josephs Primary School is located further west. Dwellings in the immediate area are single and double storey of brick and weatherboard construction. The subject site is located within the Boronia Activity Centre.

· Existing vegetation consists of mainly exotic shrubs and is not significant. There is a street tree within the road reserve.


2.3 The Proposal

(Refer to attached plans at Appendix B)

The application proposes to construct a three storey apartment building containing fifteen (15) dwellings. Details are as follows:

· The building has a maximum height of 8.6 metres.

· The building will be setback a minimum 7.5 metres from Woodvale Road, which is to the first floor. The setback increases to 9 metres at ground level and 7.8 metres at the second floor.

· Vehicle access is provided to the at-grade car parking area via a centrally located double crossover onto Woodvale Road. The ground floor area comprises a foyer with separate pedestrian access, 18 car parking spaces including three (3) visitor spaces, a lift, external storage for each apartment, bicycle storage area and bin storage area. The ground floor is setback a minimum 1.5 metres to the southern boundary, minimum 2 metres to the eastern boundary and 1.7 metres to the northern boundary.

· The first floor is to contain eight (8) dwellings while the second floor is to contain seven (7) dwellings. Of the 15 dwellings, five (5) contain one (1) bedroom and ten (10) contain two (2) bedrooms. Each dwelling also contains open plan kitchen, dining and living, with a bathroom and laundry. Private open space is provided as a balcony. There is no communal open space proposed.

· The building is modern, with a flat roof and contemporary colours and finishes including rendered concrete surfaces, timber panelling and glazed surfaces.

· All vegetation on the site is to be removed. The street tree is to be retained.

3.1 Advertising

3. CONSULTATION

The application was advertised by way of a sign on site and notices were sent to adjoining property owners and occupiers. A total of 9 objections were received and are summarised below:


Traffic congestion from an increase in on-street parking and safety

· The ratio of car parking spaces complies with Clause 52.06 (car parking). A total of 18 spaces (one space for each one and two bedroom dwelling) including three (3) visitor parking spaces are provided within the at-grade car parking area. Therefore the ratio of resident and visitor car parking spaces complies with Clause 52.06.

· The proposal is not expected to create any safety concerns. The development is secure, provides surveillance of the street, and all vehicles will be able to exit in a forward direction from the car parking area. A security intercom to allow visitor access to the car parking area should be a condition on any permit to issue.

· While there will be an increase in traffic generated, Woodvale Road has the capacity to absorb this additional traffic. Council’s Traffic Engineers have not raised any concern with traffic generation as a result of this proposal.

Overcrowding of the area and density

· The various controls and policies that apply to the site do not provide maximum density or limits. The site is well located with respect to transport and services and an increase in housing density is consistent with Council Policy.

Inadequate infrastructure/drainage

· Council’s Drainage Engineers have not raised any concerns with the existing drainage infrastructure or required any upgrades to existing drainage infrastructure. A drainage engineering plan will be a requirement of any permit to issue, and will need to demonstrate that stormwater flows can be detained to the peak pre-development levels.

· The provision of other services such as sewerage, gas and electricity is subject to the relevant servicing authority.

Insufficient areas for landscaping

· No significant vegetation is proposed to be removed. The site does provide opportunities to plant canopy trees within the frontage. It is noted however that there is insufficient area for meaningful landscaping along boundaries due to reduced setbacks at the first floor and the easement along the rear boundary.


Does not respect neighbourhood character

· The application has been assessed against the Design and Development Overlay Schedule 7 and below at Sections 4.1.2. The proposal is not considered to provide a positive contribution to and respect the existing character of the local area.

Not in the three (3) storey area of the Boronia Structure Plan or Dandenong Foothills Policy

· The site is located within the mandatory 9 metre (2-3 storey) height limit of the Design and Development Overlay Schedule 7. The site is not located within the Dandenong Foothills Policy area.

Loss of amenity including overlooking and overshadowing

· A condition on any permit to issue can require details of all screening measures to ensure compliance with Clause 55.04-6 (overlooking objective) of the Knox Planning Scheme (screening to a minimum height of 1.7 metres from finished floor level in accordance with ResCode).

· Overshadowing to adjoining properties complies with ResCode Standard B21. The properties to the south will receive the amount and area of sunlight required to meet the Standard.

Increased noise

· The proposed development would not be expected to emit noise above that of typical residential development.

Development will block views

· While the proposal is not expected to block views, there are no rights to a view across private property.

Increase in crime

· There is no evidence to suggest that this type of development will lead to an increase in crime.

3.2 Referrals

The application has been referred to internal departments for comment. No objection has been raised, the following is a summary of relevant advice:


· The crossover needs to be 1m clear of all assets within the road reserve.

Traffic Engineer

· All visitor parking spaces should be accessible to the public at all times and identified by signage, linemarking or alternative paving and in a location generally visible from the public street to encourage off-street parking rather than on-street parking

· Standard conditions to be included on any permit issued.

· Standard conditions to be included on any permit issued.

Drainage Engineer

· None of the existing vegetation is significant.

Arborist

· Neighbour’s vegetation growing along the east and south boundaries of the property are not affected by the proposed development.

· An amended Waste Management Plan would need to be submitted to include the storage and collection of hard waste.

Waste Services

· Council has recently prepared and adopted Planning Scheme Amendment C95 (currently with the Minister for approval) which makes changes to the wording of the Design and Development Overlay 7 and Clause 22.06 to provide clearer guidance for future residential development with Boronia Activity Centre.

City Futures

· The amended DDO7 proposed as part of Amendment C95 states that the site is in an Established Residential Environs and new development in these areas must provide a positive contribution to the existing character of the area. It specifically states that “within these areas, apartment built form is not encouraged”.

· It is considered that the proposed apartment built form (which presents limited opportunities for significant landscaping) including canopy tree planting is an overdevelopment. It is inconsistent with the outcomes sought within the Established Residential Environs and Amendment C95.


· Proposed location of crossing will require permission from utility to include asset within crossing.

Asset Protection

· Existing crossing to removed and naturestrip and kerb reinstated.

This section considers the proposed development in light of the provisions of the Knox Planning Scheme including State and Local Planning Policies, any other relevant policies and objectives.

4. DISCUSSION

4.1 Zoning and Overlays


4.1.1 Zone

The site is located within the Residential 1 Zone. Within the Residential 1 Zone (R1Z) a planning permit is required to construct more than one dwelling on a lot.

4.1.2 Design and Development Overlay (Schedule 7)

The site is affected by the Design and Development Overlay (Schedule 7) which implements the Boronia Structure Plan. Under the provisions of the Overlay, a permit is required for buildings and works.

Residential development must reflect the Land Use Plan at Figure 1 of Clause 22.06 (Boronia Major Activity Centre Policy). Within the “Established Residential Environs” new development must provide a positive contribution of the existing character of the local area, and within these areas, apartment built form is not encouraged.


· The proposal to construct an apartment building is discouraged within this area, as the built form is not considered to be able to provide a positive contribution to the existing character of the local area. The current pattern of development within the local area consists generally of single and double storey scale dwellings and traditional detached or attached multi-dwelling development. The apartment built form does not reflect this scale with the first and second floors protruding into the front setback to create a dominate feature that is uncharacteristic within the existing streetscape. Landscape opportunities are also limited due to balconies encroaching into boundary setbacks.

To achieve the design objectives in the Schedule, any proposed development must meet the requirements contained within the Schedule. These include preferred and mandatory building heights, design standards, materials and colours, landscape design and signage.

· The site is located within a mandatory 9 metre (three storey) building height area. The proposal does not exceed the maximum height of 9 metres, however the scale and type of development is inconsistent with the Design and Development Overlay.

· The proposed built form and scale of the building is inconsistent with the design standards in the Schedule. Apartment built form is not encouraged and the scale and type of development will not respect or provide a positive contribution to the existing character of the local area, which comprises generally of single and double storey scale dwellings and traditional detached or attached multi-dwelling development. The built form and scale of the proposed building will not respect the character of adjoining properties, or the streetscape generally.

· Materials have been nominated that would reinforce the emerging contemporary natural character of the area. A schedule of materials and colours would be a requirement of any permit to issue to ensure that colours are consistent with the Boronia Structure Plan.


· Within the front setback there are opportunities for planting of canopy trees. At ground level there are opportunities for landscaping, however this is significantly reduced as setbacks to the first floor encroach into these setbacks (including balconies) to effectively diminish the ability for meaningful landscaping.

4.2 Policy Consideration

4.2.1 State Planning Policy Framework State policy requires Council to integrate the range of policies relevant to the issues to be determined, and balance conflicting objectives in favour of net community benefit and sustainable development.

Key Policies: Clause 11.01-2 Activity Centre Planning- Encourages the concentration of major retail, residential. Commercial, administrative, entertainment and cultural developments into activity centres which provide a variety of land uses and are highly accessible to the community.

· The proposal allows the provision of residential development at a density which will provide housing choice and diversity within the Boronia Major Activity Centre which has good access to a variety of land uses and services.

Clause 15 Built Environment and Heritage – Encourages high quality architecture and urban design outcomes that reflect the particular characteristics, aspirations and cultural identity of the community; enhances liveability, diversity, amenity and safety of the public realm; and promotes attractiveness of towns and cities within broader strategic contexts.

· The proposed development will not contribute positively or respect the existing character of the local area as outlined in the assessment against the objectives and design standards of the Design and Development Overlay (Schedule 7) at Section 4.1.2. The proposal will also unreasonably dominate adjoining properties, currently developed with single storey detached multi-dwellings. It is considered the built form and scale is inconsistent with the objectives and design standards of the DDO7.


Clause 15.02 Sustainable Development – Ensure land use and development is consistent with the efficient use of energy and the minimisation of greenhouse gas emissions.

· The proposal contributes to the consolidation of urban development through the provision of increased density within an existing residential area and Activity Centre with good provision of urban services and transport.

· The lower level dwellings have not been designed to provide an acceptable level of access to northern sunlight. A Sustainable Design Assessment can be required as a condition on any permit to issue.

Clause 16 Housing – Encourage the development of well-designed medium-density housing that respects the neighbourhood character; improves housing choice; makes better use of existing infrastructure; and, improves energy efficiency of housing. Locate new housing in or close to activity centres and employment corridors and at other strategic development sites that offer good access to services and transport.

· Neighbourhood character - This is discussed in an earlier section of the report (Section 4.1.2).

· Housing choice – The proposed development proposes the option of one and two bedroom dwellings which will contribute to housing choice.

· Existing infrastructure – The site is located within a fully serviced area.

· Energy efficiency – Sustainable design initiatives can be undertaken to ensure compliance.

· Location – The site is located within the Boronia Major Activity Centre in an area identified as “Established Residential Environs” where apartment built form and scale is not encouraged.

Clause 18 Transport – Ensure that access is provided to all available modes of transport.

· The site is located within walking distance of bus stops on Boronia Road, which are serviced by Bus Routes No. 745B, 737 and 753.


· Route No. 745B from Bayswater to Boronia operates two services between 2.45pm and 6.40pm Monday to Friday.

· Route No. 737 from Croydon to Monash University via Boronia, Knox City Shopping Centre and Glen Waverley operates between 6.14am and 10.04pm Monday to Friday, Saturday from 6.30am to 10.21pm and Sunday from 8.41am to 10.02pm at various intervals.

· Route No. 753 from Glen Waverley to Boronia Station via Knoxfield operates from 6.23am to 9.03pm Monday to Friday, Saturday from 7.51am to 4.19pm and Sunday from 8.51am to 5.48pm at various intervals.

· Additionally, the site is located approximately 1km of the Boronia Railway Station and bus interchange, providing further connection to the municipality and Melbourne CBD.

4.2.2 Local Planning Policy Framework Clause 21.05-2 Municipal Strategic Statement (MSS) The MSS seeks to reduce the prevalence of infill housing development in dispersed locations as a major form of housing development by promoting activity centres and key redevelopment strategic sites as the preferred location.

· The site is located in a Major Activity Centre, however Clause 22.06 identifies the site within the “Established Residential Environs” where apartment built form is not encouraged. The Design and Development Overlay Schedule 7 provides that development must provide a positive contribution and respect the existing local character of the area. The proposed apartment built form and scale will not provide a positive contribution to and respect the existing character of the local area.

The MSS further seeks to manage the need for more housing and maintaining the valued qualities of identified areas of environmental and character significance. The MSS supports development that respects the existing or preferred residential neighbourhood character.


· As mentioned above, policies seeking urban consolidation should not outweigh the clear direction for a proposal to provide a positive contribution to and respect the existing character of the local area. The Design and Development Overlay Schedule 7 discourages apartment built form in this location. The type of development, scale of the building, setbacks to boundaries and landscaping opportunities will not result in a development that respects the existing character of the local area.

Clause 22.06 Boronia Major Activity Centre Local Policy: This policy seeks to address a lack in availability of a variety of housing types within the Boronia Major Activity Centre, and identifies opportunities for higher density development within the centre to benefit from close proximity to social services and infrastructure.

· The site is located within an “Established Residential Environs” area within the Land Use Framework Plan. Within this area it is policy the development provides a positive contribution to the local area. As outlined above in Section 4.1.2 the proposed apartment style development is not encouraged and the scale and type of development will not respect or provide a positive contribution to the existing character of the local area.

Clause 22.10 Housing – Apartment style residential development: The Housing Policy at Clause 22.10-1 recognises that the population of Knox will grow by 12,000 persons and 15,000 households to 2030. In response to this forecast, the Housing Policy directs the provision of a diversity of housing types and forms; housing that meets the needs of all groups within the community; accessible housing that is well designed and responsive to the local character and environment; and housing that recognises that the environment and landscape significance of the Dandenong Foothills outweighs the need for urban consolidation in the Foothills. Before deciding on an application, the responsible authority will consider, as appropriate, whether: Where an approved structure plan or urban design framework exists for an activity centre listed above, then the location and design of high and medium density housing be guided by the plan or framework.


· The site is located within the Boronia Activity Centre. As such, any development will be guided by the Boronia Structure Plan and the Design and Development Overlay (Schedule 7). See Section 4.1.2 for this discussion.

The proposed development will contribute to a diversity of housing in Knox.

· The proposed development proposes one and two bedroom dwellings with balcony private open space, which will contribute to a diversity of housing within Knox.

There is access to frequent public transport services between 6.00am and 11.00pm daily, seven days a week.

· The site does not have access to public transport that operates between 6.00am and 11.00pm daily, seven days a week.

The proposed development is consistent with a relevant endorsed structure plan or urban design framework.

· See assessment against the Design and Development Overlay Schedule 7 (Section 4.1.2) above.

The development site graduates in height from the site boundaries to respect prevailing building height patterns.

· The proposal does not graduate in height from the site boundaries to respect prevailing building height patterns.

The development and building design response addresses any potential impact on adjoining development where there is a residential interface with respect to amenity, overlooking, overshadowing, height and bulk, views and vistas

· The proposed apartment built form, scale and bulk is not considered to provide a positive contribution to and respect the existing character of the local area and will result in unreasonable amenity impacts to adjoining properties.

· A condition on any permit to issue can require overlooking measures to comply with ResCode Standard B22. The proposed development will not create any overshadowing of properties to the north, and setbacks have ensured that overshadowing to the southern properties comply with ResCode Standard B21.


· The proposed development is not expect to impact views or vistas to the Dandenong Ranges.

For larger key strategic redevelopment sites, a variety of architectural styles and forms are provided.

· The site has not been identified as a key strategic redevelopment site.

4.3 Clause 55 – Two or More Dwellings on a Lot and Residential Buildings (ResCode)

Neighbourhood Character – Does not comply, refer to Section 4.1.2 above.

Neighbourhood Character and Infrastructure

Residential Policy – Does not comply, refer to Section 4.2 above.

Dwelling Diversity – Complies.

Infrastructure – Complies.

Integration with the Street – Complies.

Street Setback – Does not comply. ResCode Standard B6 requires a minimum setback of 9 metres. While this minimum front setback is provided at the ground floor, the first and second floor of the proposed building encroach into the front setback significantly, with a minimum setback of 7.5 metres. The proposed front setback to the first and second floors and ensuing dominance of the façade combined with the apartment style built form is considered to be inconsistent with the existing character of the local area, and will not made a positive contribution to the streetscape.

Site Layout and Building Massing

Building Height – Complies.

Site Cover/Permeability – Complies.

Energy Efficiency – Can comply subject to the submission of a Sustainable Design Assessment to the satisfaction of the Responsible Authority.

Open Space – Complies.

Safety – Complies.


Landscaping – Does not comply as setbacks of the first floor to boundaries do not allow for adequate landscaping, and will therefore not make a positive contribution to the existing character of the local area.

Access – Complies.

Parking Location – Complies.

Side and rear setbacks – Does not comply. The built form and scale of the proposed building will not respect the character of adjoining properties and will not make a positive contribution to and respect the existing character of the local area, which comprises generally single and double storey dwellings and traditional detached or attached multi-dwelling development.

Amenity Impacts

Walls on boundaries – Complies.

Daylight to existing windows/north facing windows – Complies.

North-facing Windows – Complies.

Overshadowing open space – Complies.

Overlooking – Can comply subject to conditions. A condition on any permit will require details of all screening measures to ensure compliance with Clause 55.04-6 (overlooking objective) of the Knox Planning Scheme (screening to a minimum height of 1.7 metres from finished floor level in accordance with ResCode) to be shown. This would apply to any habitable room windows, planter boxes and balconies.

Internal views – Complies.

Noise Impacts – Complies.

Accessibility – Complies.

On-Site Amenity and Facilities

Daylight to new windows – Complies.

Private Open Space – Complies.

Solar access – Complies.

Storage – Complies.


Design Detail – Does not comply. The proposed apartment built form and scale will not provide a positive contribution to or respect the existing character of the local area, and the visual bulk of the proposed building will be unacceptable in the neighbourhood setting.

Detailed Design

Common Property – Complies.

Site Services – Complies.

Front fence – Complies, no front fence proposed.

4.4 Particular Provisions

Prior to a new use commencing or a new building being occupied the car parking spaces required under Clause 52.06-5 must be provided on the land or as approved under Clause 52.06-3 to the satisfaction of the responsible authority.

Clause 52.06 – Car Parking

Clause 52.06-5 outlines the requisite amount of parking to be provided to each dwelling and any applicable visitor parking at a ratio of two car spaces to each three or more bedroom dwelling (with studies or studios that are separate rooms counted as a bedrooms) and one visitor space to every five dwellings for developments of five or more dwellings.

· The proposal satisfies the car parking provision for each dwelling, with 1 car space provided for each one or two bedroom dwelling and three (3) visitor parking spaces (a total of 18 car parking spaces are provided).

Clause 52.06-8 details the design standards for car parking. The provision of car parking should meet the design requirements of this Clause. An assessment of the design standards, including any areas of non-compliance are considered below:

Design Standard 1: Accessways – Complies.

Design Standard 2: Car Parking Spaces – Can comply subject to a condition to provide a corner spay or area at least 50 per cent clear of visual obstructions extending at least 2 metres along the frontage road from the edge of an exit lane and 2.5 metres along the exit lane from the frontage, to provide a clear view of pedestrians on the footpath for drivers exiting the basement.

Design Standard 3: Gradients – Complies.


Design Standard 4: Mechanical Parking – N/A.

Design Standard 5: Urban Design – Complies.

Design Standard 6: Safety – Complies.

Design Standard 7: Landscaping – Complies.

4.5 General Decision Guidelines

Clause 65 of the Knox Planning Scheme and Section 60 of the Planning and Environment Act 1987 set out decision guidelines/matters which the responsible authority must consider when deciding any planning application.

· The decision guidelines of Clause 65 of the Knox Planning Scheme and

Section 60 of the Planning and Environment Act (1987) have been appropriately considered.

Clause 10.04 of the Knox Planning Scheme requires Council to balance relative policy objectives when making decisions to ensure resulting development is sustainable and achieves a net community gain. In this context, the development is inappropriate given the following:

5. CONCLUSION

· The proposed development is not consistent with Clause 15 (Built

Environment and Heritage), Clause 21.07 (Municipal Strategic Statement), Clause 22.06 (Boronia Activity Centre Local Policy) and Clause 22.10 (Housing) of the Knox Planning Scheme.

· The proposed built form and scale of the proposed development is

inconsistent with the purpose of the Boronia Structure Plan and policy direction, objectives and standards of the Design and Development Overlay Schedule 7.

· The proposed development through built form and scale, will not provide

a positive contribution to and respect the existing character of the local area, and will result in unreasonable amenity impacts to adjoining properties.

· The development demonstrates non-compliance with Clause 55

(ResCode) of the Knox Planning Scheme.

· The development is inconsistent with Amendment C95, which is a seriously entertained document.


There are no confidentiality issues associated with this report.

6. CONFIDENTIALITY

That Council resolve that:

RECOMMENDATION

If Council were in a position to decide on the application that a Notice of Refusal be issued for the construction of a three storey apartment building containing fifteen (15) dwellings at 5 Woodvale Road, Boronia, subject to the following grounds of Refusal:

1. The proposed development is not consistent with State Planning Policy, specifically Clause 15 (Built Environment and Heritage) and Clause 16 (Housing).

2. The proposal is inconsistent with Clause 21.05 (Municipal Strategic Statement).

3. The proposal is inconsistent with Local Planning Policy, specifically Clause 22.06 (Boronia Activity Centre Local Policy) and Clause 22.10 (Housing).

4. The built form and scale of the proposed development is inconsistent with the policy direction, objectives and standards of the Design and Development Overlay Schedule 7.

5. The proposed development does not meet the standards and objectives of ResCode, specifically; Standard B1 (Neighbourhood Character), Standard B2 (Residential Policy), Standard B13 (Landscaping), Standard B17 (Side and Rear Setbacks) and Standard B32 (Design Detail).

6. The proposal will result in unreasonable amenity impacts to

adjoining properties. 7. The proposed development is inconsistent with the adopted

Amendment C95.

COUNCIL RESOLUTION MOVED: CR. LOCKWOOD SECONDED: CR. HOLLAND That the recommendation be adopted. CARRIED

30 COUNCIL – CITY DEVELOPMENT 24 September 2013 APPENDIX A PAGE 1 OF 2

31 COUNCIL – CITY DEVELOPMENT 24 September 2013 APPENDIX A PAGE 2 OF 2

32 COUNCIL – CITY DEVELOPMENT 24 September 2013 APPENDIX B 1/10











DINSDALE WARD

6.3 APPLICATION TO DEVELOP THE LAND FOR TWELVE DOUBLE STOREY DWELLINGS AT 3-5 ALWYN STREET, BAYSWATER, Melway Ref 64 E4 (Application No P/2013/6135)

1. SUMMARY:

Land: 3-5 Alwyn Street, Bayswater Applicant: SPE Group Pty Ltd Proposed Development: Development of the land for twelve (12)

double storey dwellings Existing Land Use: Two Single Dwellings Area/Density: 1660.3m2 / 1:138m2 Zoning: Residential 1 Zone Overlays: Design and Development Overlay

(Schedule 6) Vegetation Protection Overlay (Schedule 3)

Local Policy: Municipal Strategic Statement (MSS) Bayswater Major Activity Centre Policy Housing Policy

Application Received: 12 March 2013 Number of Objections: Nineteen (19) PCC Meeting: N/A Assessment:

It is considered that the proposal to construct twelve new dwellings on the land provides an appropriate balance between the need for additional housing within an established residential area within a Major Activity Centre, the protection of vegetation, and the amenity of occupants and adjoining residents.

The proposal generally complies with the Housing Policy, the Bayswater Major Activity Centre Policy and ResCode.

The proposal complies with the Residential 1 Zone.

On balance it is considered that the proposal responds well to State and Local Planning Policies, subject to modifications. It is recommended that Council issue a Notice of Decision to Grant a Planning Permit, subject to conditions.

43 COUNCIL – CITY DEVELOPMENT 24 September 2013 6.3 3-5 Alwyn Street, Bayswater (cont’d)

2.1 Subject Site and Surrounds

2. BACKGROUND

The location of the subject site is shown in Appendix A.

· The subject sites are located on the north side of Alwyn Street, Bayswater with a combined site frontage of approximately 35 metres, site depth of 54.72 and 44.32 metres along the eastern and western boundaries respectively and a total site area of approximately 1660.3m². The site currently accommodates a single dwelling on each lot (Nos. 3 and 5) utilised for residential purposes with associated outbuildings located to the rear. Vehicular access to the sites is gained via existing crossovers to the east and west corners of the site frontage.

· The site is sparsely vegetated with canopy trees within the frontage and along the northern property boundary. None of the vegetation on site is considered significant.

· Adjoining properties along Alwyn Street lie within a Residential Zone and are used for residential purposes. Properties to the north front Mountain Highway and lie within Commercial 1 Zoning and are used for a mix of housing, community and retail purposes. The property to the immediate west fronts Mountain Highway and houses a church and Pin Oak tree which are subject to the Heritage Overlay. Dwellings within Alwyn Street are mostly single and double storey brick and weatherboard dwellings with front fences uncommon. There is evidence of multi-dwelling development within the surrounding area.

2.2 The Proposal

(Refer to attached plans at Appendix B)

The application proposes the construction of twelve double storey dwellings. Details of the proposed development are as follows:

· The dwellings are arranged on the site in four separate two storey buildings each comprising 2-4 dwellings, essentially located within each corner of the site.

· All dwellings are situated either side of a common driveway, with Dwellings 1, 11 and 12 fronting Alwyn Street. Vehicle access to Dwellings 1 and 12 is provided via the existing crossovers off Alwyn Street and all other dwellings are to be accessed via a proposed crossover and common driveway located to the centre of the site.


· Dwellings 1 and 12 contain three bedrooms and are provided with two car spaces, while all other dwellings comprise of two bedrooms and are provided with one space. Two visitor car spaces are also provided along the northern boundary of the site.

· Materials of construction include a combination of face brickwork to ground floors, and selected render finishes to first floors with a tiled roof, with all elements within in a grey and brown color palette.

· All trees on site are proposed to be removed, with the exception of the Desert Ash that is situated in front of the proposed Unit 11. Of the trees proposed to be removed, none trigger the need for a planning permit under the Vegetation Protection Overlay Schedule 3.

3.1 Advertising

3. CONSULTATION

The application was advertised by way of a sign on each site frontage (Nos. 3 and 5) and notices were sent to adjoining property owners and occupiers. Nineteen (19) objections were received. The concerns raised in the objections and responses to these concerns are provided below:

The development will cause additional traffic congestion/parking/inconvenience.

· Car parking has been provided at ratios consistent with Clause 52.06 (Car Parking) of the Knox Planning Scheme, which requires the provision of one car space to each one or two bedroom dwelling plus two car spaces to each three or more bedroom dwelling (with studies or studios that are separate rooms counted as a bedrooms). Visitor car parking has also been provided at ratios consistent with this clause, which requires the provision of one car space for every 5 dwellings for developments of 5 or more dwellings.

· Councils’ Traffic Engineer’s have assessed the proposal and have not raised any concern that the proposed development will cause an unreasonable increase in traffic flows within the local street network.


· Further, as standard practice, conditions are placed on approvals/permits that require parking areas and driveways be kept available and maintained for these purposes at all times to the satisfaction of the Responsible Authority. This condition would form part of any approval to issue.

Pedestrian and Traffic Safety

· The proposal was assessed by Council’s Traffic Engineers and is not considered to impose any safety issues within the local street with respect to traffic and pedestrian safety.

Noise of cars along street and emanating from within the development itself

· The proposal was assessed by Council’s Traffic Engineers and is considered to be capable of being effectively accommodated without any detrimental impact on the local road network.

· It is not expected that the provision of additional dwellings within a residential zone and noises associated with occupants of such dwellings will result in unreasonable detriment to neighbouring properties nor has anything been suggested that noise levels will exceed those expected to be normal to a dwelling within a residential lot.

Root system of large tree within the frontage will be impacted by Unit 11

· The applicant has proposed to retain the large tree (Desert Ash) that is situated in front of the proposed Unit 11. The proposal was assessed by Council’s Arborist who stated that this tree is not protected and is actually an environmental weed species and recommended that it should be removed and replaced.

Officer Response: As per the Arborist’s advice, the removal of this tree will form a requirement on any permit to issue.

3.2 Planning Consultative Committee Meeting A Planning Consultation Committee (PCC) Meeting was not held at the request of the Ward Councillor.

3.3 Referrals

The application has been referred to internal departments for comment. No objection has been raised; the following is a summary of relevant advice:


· Turning manoeuvres for Units 2-11 are poor due to the columns supporting the balconies. Units 3, 5, 6, 8, 9 and 11 are not able to turn around and cannot exit the site in a forward direction. The two visitor spaces also have difficulty turning around. Turning manoeuvres are to be based on vehicles with lengths of 4.9 metres.

Traffic Engineer

· A passing area at the entrance must be provided at dimension 5 metres wide by 7 metres in length. The proposed entrance is only 6.14 metres in length.

· The proposed driveways for Units 1 and 12 are exposed aggregate and must be concrete in accordance with Council Standards.

· Visitor car spaces should be accessible to the public at all times and adequately identified.

· Waste storage and collection must be accommodated within the site.

· Other standard conditions to be included on any permit to issue.

Officer’s response: The above shortcomings can be adequately addressed and will form a requirement as part of Condition 1 amended plans on any permit to issue. Standard conditions relating to construction standards and materials, accessibility and identification of visitor car spaces and waste will be included on any permit issued.

· A Waste Management Plan that clearly demonstrates the provision and safe collection of garbage bins, recycling bins, green waste bins and hard waste on-site is required. Placement of bins on the kerbside will not be permitted.

Waste

Officer’s response: A standard condition will be placed on any permit issue requiring a Waste Management Plan to be submitted and approved by Council.


· No objection. The proposed crossing to the north-west will require widening to match internal driveway width. Due to proximity of pit in nature strip this may involve alteration to the pit. Centre crossing will require minimum 3 metre clearance from street trees and match internal driveway width. Proposed crossing Unit 1 will require modification or replacement in order to align with internal driveway.

Assets

Officer’s response: A standard condition will be placed on any permit issue requiring crossovers to align with internal driveways. Council’s Arborist has stated that the street trees will not be impacted as a result of the proposal. The increase in width will be negligible in this regard.

· No objection. Standard conditions to be included on any permit to issue.

Stormwater

· VicRoads is the Responsible Authority for drainage assets in the vicinity of the proposed development. Council will support connection to the VicRoads system provided there is no burden to Council.

· The subject site is located within the Bayswater Activity Centre and is affected by the Design and Development Overlay 6 and a Vegetation Protection Overlay 3.

City Futures

· According to the Clause 22.10 Housing Policy and the DDO6, these are locations to encourage increased residential densities and a greater variety of housing types. The proposed development is consistent with the strategic intent of the site and will contribute positively to the diversity of housing types and sizes in Knox.

· The Design and Development Overlay 6 applies a 3 storey height limit to this area. The proposed development is consistent with this requirement.

· There is a Heritage Overlay – Schedule 30 which applies to the building and pin oak tree on the adjoining property to the west of the site. In assessing the proposed development, regard should be had to the impact the development may have on the heritage place and vegetation.

Officer’s response: The application was referred to Council’s heritage Advisor for comment.


· Heritage Overlay (HO30) affects the former church and Pin Oak tree situated on 654 Mountain Highway, Bayswater. There is potential for the proposed development, with minimal setbacks to have an adverse effect upon the shallow roots system of the Pin Oak. Combined with the current height and depth of the canopy of the tree, there is the potential for the canopy to interfere with the proposed two (2) storey units more so than a single (1) storeyed proposal. It is considered appropriate that single storeyed units, with an increased setback, will allow opportunity to further screen the development and reduce its impact upon the remnant visual setting of the church.

Heritage Advisor

· No objection.

Building

· The shrubs and trees located within the site are not deemed significant and permit is not required for their removal. The Desert Ash (Franxius oxycarpa) within the front setback is proposed to be retained by the applicant but is an environmental weed species that should be removed and replaced.

Arborist

· With regard to trees on the neighbouring property to the west, the Heritage Overlay (HO30) applies to the Quercus palustris growing on the east side of the church. The HO30 does not apply to the Grevillea robusta. Neither does the VPO3 apply to the Grevillea robusta. The proposed development occurs within the TPZ radius of the Grevillea robusta and Quercus palustris. Exploratory works are required to locate the roots of the trees growing in the location of the second and third dwelling at 3 Alwyn Street Bayswater. The exploratory trench must be excavated using either an Air spade or Hydro excavation.

Officer's Response: The root investigation works will form a requirement on any permit to issue to determine if the proposal to construct the dwellings is possible without injuring these neighbouring trees. Alternatively, the dwellings can be redesigned to be outside of the TRPZ for these trees.


· In conclusion, it is believed that the current proposal will not effect the immediate heritage significance of the former church; however, it is considered that it significantly affects the remnant visual setting afforded the HO protected former church and the associated Pin Oak, with the current two storey height considered to be invasive upon the visual setting of the church when viewed from the remnant approach to the church through the car park. It is also considered that the associated setbacks of the proposed units immediately behind the church do not allow ample opportunity for the significant screening (with mature plantings) of the proposed development.

· Prior to the commencement of the development, an Arborist report should be commissioned on both the Pin Oak and the large unidentified tree in the backyard of 1D Alwyn Street to determine the impact of the development upon the two trees and suggest increased setbacks if necessary in order to reduce negative impacts upon them. Measures to protect the trees during construction should also be proposed.

· The proposed two storey flats immediately behind the former church should be reviewed in regards to their height, with a single storey alternative potentially being more appropriate, with a further setback imposed in a bid to increase areas for mature plantings or large specimens of tree in order to preserve and enhance the remnant visual setting behind the church.

Officer’s response: With regards to the suggestion of single storey units with an increased setback towards the rear of 3 Alwyn Street, it is considered that as the site lies within an activity centre with a permissible three storey height limit, implementing these changes would be too onerous. Further, these units have a setback from the common boundary of 2.2 metres and it is highlighted that the setting of the church has already been compromised by the adjoining development at 1D Alwyn Street. Tree root investigation works will form a requirement on any permit to issue to determine if the proposal to construct the dwellings is possible in its current form without injuring these neighbouring trees. If it is found that there may be impact, consequential changes will be required to ensure the health of the trees is not compromised. Another alternative is to locate/redesign dwellings to be outside of the TPZ of the trees, also leading to increased setbacks from the boundary. This would allow opportunity to further screen the development and reduce its impact upon the remnant visual setting of the church.


· A Sustainable Design Assessment is required and must detail sustainability initiatives. These initiatives must also be marked up on development plans.

ESD

Officer’s response: A standard condition will be placed on any permit issue requiring a Sustainable Design Assessment Statement to be submitted and approved by Council.


4. DISCUSSION

4.1 Zoning and Overlays

4.1.1 Zone

The site is located within the Residential 1 Zone. A permit is required pursuant to Clause 32.01-4 to construct two or more dwellings on a lot.

Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate the objectives, standards and decision guidelines of Clause 55.

4.1.2 Overlays

Design and Development Overlay Schedule 6 (Bayswater Major Activity Centre)

Within the DDO6, a planning permit is required for all buildings and works.

Objectives of the DDO6 seek to provide increased opportunities in and around the retail core for higher density development; increase building scale without compromising views to the Dandenong Ranges and encourage innovative, high quality architecture and streetscape design that incorporates principles of Ecologically Sustainable Design and Water Sensitive Urban Design.

· Building height – the two storey proposal does not exceed the three storeys allowed on this site (as per Map 1).


· Private open space – the development incorporates both private open space in the form of balconies and ground level courtyard areas.

· Vegetation and landscaping – the proposal which is located within the Significant Ridgeline area allows adequate provision of open space areas for the planting of new canopy trees and understorey vegetation.

· Streetscape design – the proposal addresses the street frontage and maintains a moderate scale. The separate building form breaks up the building bulk and massing.

Vegetation Protection Overlay 3

The VPO3 seeks to preserve remnant overstorey vegetation and requires the issue of a permit for the removal of large native trees greater than 8 metres in height and with a trunk diameter of 300mm or more.

· Of the trees proposed to be removed, none trigger the need for a planning permit under the VPO3.

4.2 Policy Consideration

4.2.1 State Planning Policy Framework

State policy requires Council to integrate the range of policies relevant to the issues to be determined, and balance conflicting objectives in favour of net community benefit and sustainable development.

Key Policies:

Clause 11.01-2 Activity Centre Planning

· The proposal allows for the provision of residential development at a density which will provide housing choice and diversity within the Bayswater Major Activity Centre which has good access to a variety of land uses and services.

– Encourages the concentration of major retail, residential, commercial, administrative, entertainment and cultural developments into activity centres which provide a variety of land uses and are highly accessible to the community.


Clause 15 Built Environment and Heritage

· The design of the development will make a positive contribution to the streetscape, with built form considered to be appropriate in form and scale. The development incorporates important neighbourhood character features such as hipped roofs, brick finishes, eaves and car parking located in line with the proposed dwellings. Upper levels are reasonably articulated and are smaller than the ground level to reduce building bulk and mass.

– Encourages high quality architecture and urban design outcomes that reflect the particular characteristics, aspirations and cultural identity of the community; enhances liveability, diversity, amenity and safety of the public realm; and promotes attractiveness of towns and cities within broader strategic contexts.

Clause 15.02 Sustainable Development

· The proposal contributes to the consolidation of urban development through the provision of increased density within an existing residential area and Activity Centre with good provision of urban services and transport. Dwellings are orientated to capture light and incorporate eaves. Further, should a permit be issued, the development is required to be constructed in accordance with an approved Sustainable Design Assessment.

– Ensure land use and development is consistent with the efficient use of energy and the minimisation of greenhouse gas emissions.

Clause 16.01-2 Location of residential development

· The proposal provides higher density development within an Activity Centre which is well located with respect to services, employment and public transport.

– Locate new housing in or close to activity centres and employment corridors and at other strategic redevelopment sites that offer good access to services and transport.

Clause 16.01-4 Housing diversity - To provide for a range of housing types to meet increasingly diverse needs. Encourage the development of well-designed medium-density housing which respects the neighbourhood character; improves housing choice; makes better use of existing infrastructure; improves energy efficiency of housing; provides for a mix of housing types and higher housing densities in and around activity centres.


· Neighbourhood character - this is discussed in a later section of the report (Section 4.2.2).

· Housing choice – providing the option of dwellings with two and three bedrooms on smaller lots is considered to increase housing choice.

· Existing infrastructure – the site is located within a fully serviced area.

· Energy efficiency – this has been discussed above under Clause 15.02.

· Location – the site is within the Bayswater Major Activity Centre.

Clause 18 Transport

· The site is located within 155 metres walking distance of bus routes Nos. 745D and 664 respectively.

– Ensure that access is provided to all available modes of transport.

· Route No. 745D provides access to Wantirna Primary School from Bayswater Train Station via Mountain Highway and operates Monday to Friday at various intervals between 2:30pm and 6:40pm.

· Route 664 provides access to Bayswater Railway Station, Chirnside Park and Knox City Shopping Centres and operates between 6:15am and 10.04pm Monday to Friday, between 7:22am and 10:38pm on Saturdays and between 7:42am and 9:48 on Sundays at various intervals.

· The Bayswater Train Station and bus interchange is approximately 580m from the subject site on the Belgrave line, providing further connection to the municipality and Melbourne CBD.


4.2.2 Local Planning Policy Framework Clause 21.05-2 Municipal Strategic Statement (MSS) The MSS seeks to reduce the prevalence of infill and medium density housing development in dispersed locations as a major form of housing development by promoting activity centres, key redevelopment strategic sites, and the Principal Public Transport Network as the preferred location. It also seeks to encourage diversity of housing types, styles, form and sizes to cater for the changing needs of the community, noting that the majority of housing stock in Knox is comprised of 3 and 4 bedroom dwellings. The lack of housing stock diversity is likely to become more apparent as the housing needs of the community change over time.

· The site is located within the Bayswater Major Activity Centre, with good access to a range of uses and services, including public transport. The proposal provides dwelling diversity with two and three bedroom dwellings proposed.

The MSS further seeks to manage the need for more housing and maintaining the valued qualities of identified areas of environmental and character significance. The MSS supports development that respects the existing or preferred residential neighbourhood character.

· The double storey built form of the development is consistent with the height requirements of the DDO6. The low building profile will ensure that trees and shrubs can significantly reduce the impact of the built form.

· The development is visually interesting and provides good quality and functional architecture.

Clause 22.05 Bayswater Major Activity Centre – This policy gives effect to Clause 21.07 (Major Activity Centre).

· Land Use – the development provides medium density housing in the residential area immediately surrounding business zoned area, whilst ensuring that neighbourhood character and the landscape significance of the Significance Ridgeline Area is protected.

· Urban Design – the development achieves an increase in building height whilst ensuring public views of the Dandenong Ranges is maintained.


Clause 22.10 Housing: The Housing Policy at Clause 22.10-1 recognises that the population of Knox will grow by 12,000 persons and 15,000 households to 2030. In response to this forecast, the Housing Policy directs the provision of a diversity of housing types and forms; housing that meets the needs of all groups within the community; accessible housing that is well designed and responsive to the local character and environment; and housing that recognises that the environment and landscape significance of the Dandenong Foothills outweighs the need for urban consolidation in the Foothills. Before deciding on an application, the responsible authority will consider, as appropriate, whether: Where an approved structure plan or urban design framework exists for an activity centre listed above, then the location and design of high and medium density housing be guided by the plan or framework.

· The site is located within the Bayswater Major Activity Centre. As such, any development will be guided by the Clause 22.05 (Bayswater Major Activity Centre) and the Design and Development Overlay (Schedule 6). See Section 4.1.2 for this discussion and Clause 22.05 above.

The proposed development will contribute to a diversity of housing in Knox.

· The proposed development proposes two and three bedroom dwellings that provide for a range of smaller households and land sizes and will contribute to a diversity of housing within Knox.

There is access to frequent public transport services between 6.00am and 11.00pm daily, seven days a week.

· The site does not have access to public transport that operates between 6.00am and 11.00pm daily, seven days a week.

The proposed development is consistent with a relevant endorsed structure plan or urban design framework.


· The development, at a maximum height of 6.71 metres, is consistent with the preferred character and building heights for the area, as directed by the Design and Development Overlay (Schedule 6) which allows a building height of 3 storeys for this site.

The development and building design response addresses any potential impact on adjoining development where there is a residential interface with respect to amenity, overlooking, overshadowing, height and bulk, views and vistas

· The proposal incorporates screening and use of obscure glazing and highlight windows. The buildings are not considered to be overly bulky and have a relatively low height.

4.3 Clause 55 – Two or More Dwellings on a Lot and Residential Buildings (ResCode)

The proposal generally complies with the provisions of Clause 55 of the Knox Planning Scheme, an assessment of the key criteria; including any areas of non compliance are considered below:

Neighbourhood Character – Complies.

Neighbourhood Character and Infrastructure

Residential Policy – Complies. Infrastructure – Complies. Integration with the Street – Complies. Site Layout and Building Massing

Street Setback – Complies.

Building Height – Complies.

Site Cover/permeability – Complies.

Energy Efficiency – Can comply. A condition on any permit will require the development to be constructed in accordance with an approved Sustainable Design Assessment.

Landscaping – Complies, a condition on any permit issued will require that appropriate landscape plans are submitted to the satisfaction of the Responsible Authority.


Access – Complies.

Side and rear setbacks – Complies.

Amenity Impacts

Walls on boundaries – Complies.

Daylight to existing windows/north facing windows – Complies.

Overshadowing open space – Complies.

Overlooking – Complies. Upper floors are appropriately screened. There is no opportunity for overlooking from ground floor levels or open space areas of the development toward adjoining properties.

Internal views –Complies.

Daylight to new windows – Complies.

On-Site Amenity and Facilities

Private Open Space – Complies.

Solar access – Complies.

Storage – Can comply. A condition on any permit will require Units 11 and 12 to be provided with 6 cubic metres of externally accessible, secure storage space.

Front fence – Complies. No front fence proposed.

Site services – Can comply. A condition on any permit will require a submission and approval of a Waste Management Plan.

4.4 Clause 52.06 – Car Parking

Clause 52.06-1 requires that prior to a new use commencing, the car parking spaces required under Clause 52.06-5 must be provided on the land or as approved under Clause 52.06-3 to the satisfaction of the responsible authority.

Clause 52.06-5 outlines the requisite amount of parking to be provided to each dwelling and any applicable visitor parking at a ratio of one space to each two bedroom dwelling, two car spaces to each three or more bedroom dwelling (with studies or studios that are separate rooms counted as a bedrooms) and one visitor space to every five dwellings for developments of five or more dwellings.


· The proposal satisfies the car parking provision with 2 car spaces provided for Dwellings 1 and 12 (three bedrooms) and one car space being provided for and provided for all other dwellings (two bedrooms).

· Two visitor parks are provided in line with requirements.

Clause 52.06-8 details the design standards for car parking. The provision of car parking should meet the design requirements of this Clause. An assessment of the design standards, including any areas of non-compliance are considered below: Design Standards for Car Parking Design Standard 1: Access ways – Can comply. A condition on any permit will require a passing area at the entrance be provided at dimension 5 metres wide by 7 metres in length; that adequate sightlines are provided; and that cars can exit the site in a forward direction. All consequential changes will be required to be to Council’s satisfaction. Design Standard 2: Car Parking Spaces – Complies. Design Standard 3: Gradients – N/A. Design Standard 4: Mechanical Parking – N/A. Design Standard 5: Urban Design – Complies. Design Standard 6: Safety – Complies. Design Standard 7: Landscaping – Complies.

4.5 General Decision Guidelines

Clause 65 of the Knox Planning Scheme and Section 60 of the Planning and Environment Act 1987 set out decision guidelines/matters which the responsible authority must consider when deciding any planning application.

· The decision guidelines of Clause 65 of the Knox Planning Scheme and

Section 60 of the Planning and Environment Act (1987) have been appropriately considered.


Clause 10.04 of the Knox Planning Scheme requires Council to balance relative policy objectives when making decisions to ensure resulting development is sustainable and achieves a net community gain. In this context, the development is appropriate given the following:

5. CONCLUSION

· The development is consistent with State Policy, Clause 21.07 (Municipal Strategic Statement), Clause 22.05 (Bayswater Major Activity Centre) and Clause 22.10 (Housing) of the Knox Planning Scheme.

· The built form and height of the proposed development is consistent with

the purpose and objectives of the Design and Development Overlay Schedule 6.

· The proposal complies with the VPO3.

· The development is generally compliant with ResCode subject to conditions that should be placed on any permit issued.

· The development provides an appropriate balance between policies that encourage increased housing densities within the Bayswater Major Activity Centre and the amenity of adjoining properties.

There are no confidential issues associated with this report.

6. CONFIDENTIALITY

That Council issue a Notice of Decision to Grant a Planning Permit to develop the land for twelve double storey dwellings at 3-5 Alwyn Street, Bayswater subject to the following conditions:

RECOMMENDATION

Amended plans

1. Prior to the commencement of any buildings or 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 copies must be provided. The plans must be generally in accordance with the plans prepared APB Consultants but modified to show:


Recommendation cont’d

1.1 Deletion of the word ‘visitor’ from the tandem car spaces associated with Dwellings 1 and 12.

1.2 Removal of the Desert Ash (Franxius oxycarpa) within the front setback of the development (in front of Dwelling 11).

1.3 The provision of 6 cubic metres of externally accessible, secure storage space for Dwellings 11 and 12.

1.4 Vehicles associated with Dwellings 3, 5, 6, 8, 9 and 11 being able to exit the site in a forward direction and any necessary modifications. Turning manoeuvres must be based on vehicle lengths of 4.9 metres.

1.5 A passing area at the entrance of the central common driveway having dimensions of 5 metres in width and 7 metres in length.

1.6 The driveways associated with Dwellings 1 and 12 annotated as concrete construction.

1.7 Adequate signage and delineation of visitor car spaces.

1.8 All crossovers increased in width to align with their respective internal driveways.

1.9 Provision of a corner splay or area at least 50 per cent clear of visual obstructions extending at least 2 metres along the frontage road from the edge of an exit lane and 2.5 metres along the exit lane from the frontage, to provide a clear view of pedestrians on the footpath of the frontage road, in accordance with Clause 52.06-8 (Design Standard 1) of the Knox Planning Scheme.

1.10 Any required re-design or alternative methods of construction following root investigation works required by Condition 10. Alternatively, the dwellings could be redesigned to be outside of the TPZ’s of the two trees. The TPZ’s for the Grevillea robusta and Quercus palustris and are 6.6 metres 7.2 metres respectively.

1.11 An annotation that “any works within the TPZ of the Grevillea robusta and Quercus palustris on the adjoining property to the west, including tree protection fencing must be carried out in accordance with Conditions 11 to 18 of the Planning Permit”.



1.12 Drainage Plans in accordance with Condition 2.

1.13 Landscape Plans in accordance with Condition 4.

1.14 A Sustainable Design Assessment in accordance with Condition 7 of this Permit and any necessary modifications.

1.15 A Waste Management Plan in accordance with Condition 9 and any necessary modifications.

To the satisfaction of the Responsible Authority.

Drainage plans

2. Prior to commencement of any buildings or works, three copies of drainage plans and computations must be submitted to and approved by the Responsible Authority. Construction of the drainage is to be in accordance with these plans. The plans must show the following:

2.1 All stormwater drainage discharge from the site connected to a legal point of discharge.

2.2 The internal drains of the dwellings to be independent of each other.

2.3 An on-site detention system designed by a suitably qualified Civil Engineering Consultant to ensure no net increase in stormwater discharge from the proposed development.

2.4 The on-site detention system to be installed in a suitable location for easy access and maintenance.

2.5 A suitable overland flow path for the entire site to the satisfaction of the Responsible Authority. Details of the overland flow path are to be included on the plans.

2.6 All levels to be to AHD (Australian Height Datum).


3. Stormwater runoff from all buildings and hardstand surfaces shall be properly collected and discharged in a complete and effective system of drains within the property and shall not cause or create a nuisance to abutting properties.



Landscape plans

4. Prior to the commencement of any buildings or works, a landscape plan to the satisfaction of the responsible authority 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 show:

4.1 A survey (including botanical names, height and width) of all existing vegetation to be retained and / or removed.

4.2 The identification and removal of all vegetation identified as an environmental weed in Knox (as outlined in Appendix 2 of Council’s Landscape Guidelines for Planning Permits).

4.3 Buildings and trees (including botanical names, height and width) on neighbouring properties within three metres of the boundary.

4.4 Details of the surface finishes of pathways and driveways.

4.5 Details and location of all existing and proposed services including above and below ground lines, cables and pipes.

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

4.7 Landscaping and planting within all open areas of the site (including additional planting within open space areas of the existing dwelling/s).

4.8 Removal of the Desert Ash (Franxius oxycarpa) within the front setback of the development (in front of Dwelling 11).

4.9 A minimum of two (2) canopy trees within the front setback.




5. Before the occupation of the development, the landscaping works shown on the endorsed plans must be carried out and completed to the satisfaction of the Responsible Authority.

6. The landscaping shown on the endorsed plans must be maintained to the satisfaction of the Responsible Authority. Any dead, diseased or damaged plants are to be replaced.

Sustainable Design Assessment

7. Prior to the commencement of any buildings or works, a Sustainable Design Assessment detailing Sustainable Design initiatives to be incorporated into the development must be submitted to and approved by the Responsible Authority. The Sustainable Design Assessment must outline the proposed sustainable design initiatives to be incorporated throughout the development such as (but not limited to) energy efficiency, water conservation, stormwater quality, waste management and material selection, to the satisfaction of the Responsible Authority.

8. Prior to the occupation of the development, the development must be constructed in accordance with the Sustainable Design Assessment.

Waste Management Plan

9. Before the development commences, a waste collection and management plan must be submitted to and approved by the Responsible Authority, demonstrating how waste collection will be undertaken on site, including the operation of the garbage and recyclables storage area. Garbage and recyclables storage and collection must be undertaken in accordance with the approved plan/documentation, and must be undertaken by a private contractor, to the satisfaction of the Responsible Authority. Council will not collect waste from the proposed development.



Tree Root Investigations

10. Prior to the commencement of any buildings or works, the roots of the Grevillea robusta and Quercus palustris located on the adjoining property to the west, must be located using Air Knife or Hydro Excavation. Should any significant roots be found, alternative methods of construction may have to be used to the satisfaction of Council’s Arborist. The applicant must contact Council’s Arborist on 9298 8125 when undertaking the investigations.

Tree Protection

11. All works, including excavation, within the critical root zone areas of the Grevillea robusta and Quercus palustris. located on the adjoining property to the west must be undertaken under the supervision of a qualified Arborist to ensure that there is no unreasonable damage to the root system of trees to be retained and/or protected, to the satisfaction of the Responsible Authority. Before the development starts, the owner must submit to the Responsible Authority details of the name of the Arborist who will supervise the works and the tasks to be undertaken by the Arborist, to the satisfaction of the Responsible Authority.

12. Prior to any works commencing on the site, the trees being retained (as specified in Condition 11) must be fenced off to create a protection zone. The protection zone must extend around the trees canopy drip-line unless an alternative tree protection zone has been approved by the responsible authority.

13. The fence is to be chain link or wire mesh, comprise either wooden or steel posts set into the ground or on concrete pads, and be a minimum height of 1.4 metres. Signage is to be affixed to the fence advising that the area is a tree protection zone and a no-go development area.

14. The fence and signage is to be maintained throughout the construction period and removed at the completion of all works.

15. No temporary removal of the fence or encroachment into the protection zone is permitted without the written consent of the responsible authority.



16. Prior to erecting the fence around the tree protection zone, all unwanted vegetation and weed species must be removed from within the zone, and the ground within the protection zone must be covered with a layer of well composted organic mulch (maximum 100mm depth). The area is to be watered at least fortnightly throughout the construction period.

17. The following activities are prohibited from the tree protection area, without the written consent of the responsible authority:

17.1 Construction activities.

17.2 Dumping and/or storage of materials, goods and/or soil.

17.3 Trenching or excavation.

17.4 Lopping branches, nailing or affixing signs, service lines, lights etc to the trees.

18. Prior to any works commencing on site, the Responsible Authority must be contacted to inspect the Tree Protection fencing.

General

19. All development must be in accordance with the endorsed plans.

20. The development as shown on the endorsed plans must not be altered without the written consent of the Responsible Authority.

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

22. Prior to the occupation of the dwellings the development is to be completed in accordance with the endorsed plan/s to the satisfaction of the Responsible Authority.

23. All walls on the boundaries of adjoining properties must be cleaned and finished to the satisfaction of the Responsible Authority.



Car parking and Driveways

24. Before the dwellings are occupied, driveways and carparking areas must be fully constructed in accordance with plans submitted to and approved by the Responsible Authority.

25. All driveway and carparking areas as shown on the endorsed plan must be fully constructed to the minimum standard of 100mm depth of reinforced concrete and properly formed to such levels that they can be used in accordance with the plans. Construction using any alternative hardstanding sealed surface is subject to detailed plans to be submitted to and approved by the Responsible Authority.

26. Parking areas and driveways must be kept available and maintained for these purposes at all times to the satisfaction of the Responsible Authority. No parking is permitted in front of the garages associated with Units 2-11.

27. Vehicles associated with Units 2-11 must enter and exit the site in a forward direction.

28. Internal public lighting shall be provided to the satisfaction of the relevant authority and in accordance with AS1158. This would generally be low height or bollard type lighting to avoid spill-over into adjacent properties. It may be sensor activated, to avoid all night running costs.

29. All visitor car spaces must be accessible to the public at all times and identified by signage, line marking or alternative paving to the satisfaction of the Responsible Authority.

30. All structures (including fences, letterboxes, meters and landscaping) shall be constructed to a maximum height of 900mm clear of the splay area in accordance with Clause 52.06-8 of the Knox Planning Scheme to ensure safe sight distances.

Fencing

31. All costs associated with the provision of the fencing are to be borne by the owner/developer under this permit.

32. Prior to the occupancy of the development all fencing shall be in a good condition to the satisfaction of the Responsible Authority.



Construction Amenity

33. Upon commencement and until conclusion of the development, the developer shall ensure that the development does not adversely affect the amenity of the area in any way, including:

33.1 the appearance of building, works or materials on the land

33.2 parking of motor vehicles

33.3 transporting of materials or goods to or from the site

33.4 hours of operation

33.5 stockpiling of top soil or fill materials

33.6 air borne dust emanating from the site

33.7 noise

33.8 rubbish and litter

33.9 sediment runoff

Should the development cause undue detriment to the amenity of the area then immediate remedial measures must be undertaken to address the issue as directed by, and to the satisfaction of, the Responsible Authority.

Permit Expiry

34. This permit will expire if one of the following circumstances applies:

34.1 The development is not started within two years of the date of this permit.

34.2 The development is not completed within four years of the date of this permit.

The Responsible Authority may extend the periods referred to if a request is made in writing before the permit expires or within six months afterwards.


NOTES Drainage Notes (to be read in conjunction with the above drainage conditions): · Applicant shall engage a certified Engineering Consultant to analyse

the site’s existing drainage to determine type and size of the Onsite Detention (OSD) system. This shall be designed in accordance with the Knox City Council (Responsible Authority) Stormwater Drainage Guidelines, (copy available on request), and approved drainage design methods specified in the current edition of Australian Rainfall and Runoff. It should be located preferably in a common area to the dwellings, and be easily accessible for maintenance.

· Applicant is to direct all stormwater drainage runoff to the nearest VicRoads drainage system located near Mountain Highway. Approximately 60 metres of outfall drain will be required and is to be a minimum of 300mm in diameter and constructed to Council’s standards and satisfaction. The applicant is to submit detailed design plans of the outfall drain to Council for approval. The internal drains for the dwellings are to be independent of each other.

· The total Permissible Site Discharge for the property including all dwellings is 6.8 L/s to the new Council drainage system for a 5 year ARI event.

· The development is to provide adequate clearance for the overland flow path through the property to Council’s satisfaction. Details of regarding overland flow must be included in the engineering stormwater design plans.

· The Applicant is required to use Australian Height Datum (AHD) to present levels in all future plans. Applicant must ensure that levels on the plan are accurate.

· Drainage works in the Road reserve or in the Council easement will require a road opening permit.

· Drainage system designed so as to avoid impact on the Grevillea robusta and Quercus palustris on the adjoining property to the west.

· Water Sensitive Urban Design (WSUD) should be addressed as part of this development, e.g. water storage tanks, swale drains, etc.


Other Notes: · A building permit must be obtained before development is

commenced. · Road opening permit must be obtained before development is

commenced. · Buildings are not allowed to be built over Council easements without

Council consent. · In accordance with Council policy, an 8.5% public open space

contribution may apply in the event of the subdivision of the land. · The dwellings must achieve a minimum 6-Star Energy Rating. · Dwelling numbers as shown on the endorsed plans do not

necessarily indicate any future street numbers. Property (street) numbering shall be in accordance with Council’s Property (Street) Numbering Policy. Information regarding this can be obtained from Council’s Property and Revenue Services Department on 9298 8215.

· All litter and rubbish associated with the construction must be contained on site at all times.

· To arrange an inspection of the Tree Protection fencing please contact Council Landscape Team on 9298 8125.

COUNCIL RESOLUTION MOVED: CR. GILL SECONDED: CR. MORTIMORE That the recommendation be adopted. CARRIED

70 COUNCIL – CITY DEVELOPMENT 24 September 2013 APPENDIX A 1 OF 2

71 COUNCIL – CITY DEVELOPMENT 24 September 2013 APPENDIX A 2 OF 2

72 COUNCIL – CITY DEVELOPMENT 24 September 2013 APPENDIX B 1 OF 4





ALL WARDS

6.4 INSTRUMENT OF DELEGATION – PLANNING FUNCTIONS

SUMMARY: Manager – City Planning & Building (Paul Dickie)

Section 98(6) of the Local Government Act 1989 requires a review of all Delegations within 12 months of a General Election of Council. The purpose of this report is to review the Planning Instrument of Delegation which was adopted by Council on 30 June 2009. This report recommends several changes to the Instrument of Delegation due to changes in legislation, and a proposed change to processes for approving Section 173 Agreements. The proposed Instrument of Delegation makes few changes to what planning applications can be decided under delegation, and Council will continue to determine applications which attract significant objections, propose significant residential development outside approved Structure Plan areas, or have been ‘Called Up’ by a Councillor or Senior Officer.

That Council;

RECOMMENDATION

1. Approve the attached Planning Instrument of Delegation, shown as Appendix A, effective from 24 September 2013; and

2. Sign and Seal the approved Planning Instrument of Delegation; and

3. Effective from 24 September 2013, revoke the Planning Instrument of Delegation dated 30 June 2009; and

4. Effective from 24 September 2013, revoke the ‘Signing and Sealing of Section 173 Agreements Policy’.

1.1 Background

1. INTRODUCTION

Council’s current Planning Instrument of Delegation was adopted on 30 June 2009.

This document details the duties and functions associated with planning and health processes that are delegated under the following Acts and Regulations:

· Planning and Environment Act 1987;

· Planning and Environment Regulations 2005;

· Planning and Environment (Fees) Regulations 2000;

· Residential Tenancies Act 1997; and

77 COUNCIL – CITY DEVELOPMENT 24 September 2013 6.4 Instrument of Delegation - Planning Functions (cont'd)

· Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 1999.

Knox City Council receives around 1000 planning applications per year, plus another 400 requests to amend permits/plans or extend the time of permits. The processing of applications, as well as the enforcement of permits or the Knox Planning Scheme, requires decisions and actions in accordance with the abovementioned legislation. The Planning Instrument of Delegation is therefore an important aspect of the effective and timely operation of the Council’s planning function.

A review of the Planning Instrument of Delegation has been undertaken in accordance with the Local Government Act, which requires a review of delegations within 12 months of a general election. This process has examined any changes to legislation, any changes in policy, as well as changes in organisational arrangements.

The review of the Planning Instrument of Delegation was discussed by Councillors at the Issues Briefing on 7 May 2013.

Council’s lawyers have assisted in the preparation of this delegation document. The delay in presenting this report to Council from the Issues Briefing in May 2013 is due to waiting for a revised delegations template from Council’s lawyers, which included recent and soon to be proclaimed changes to the Planning and Environment Act.

1.2 Delegation under the Planning and Environment Act

The Planning and Environment Act 1987 (the Act) prescribes certain duties and functions to Planning Authorities relating to the power to prepare Planning Scheme Amendments, and to Responsible Authorities relating to the administration and enforcement of Planning Schemes.

Knox City Council acts as both Planning Authority and Responsible Authority to the Knox Planning Scheme.

The Act enables the delegation of most tasks and duties to a Committee of Council, and to officers – except in relation to the following:

· Adopt or abandon a planning scheme amendment;

· Appoint a committee if one is proposed for hearings prior to a decision;

· Applying to a Court for an injunction relating to an enforcement order or interim enforcement order;

· Purchase, hold, lease, sell or otherwise dispose of land or exchange land on behalf of Council;

· Subdivide or develop land on behalf of Council;


· Compulsory acquisition; and

· The power to delegate (hence, planning delegation is not within the scope of the CEO’s powers to delegate, and must be determined by Council).

Delegation is necessary for the effective and efficient operation of Council’s planning functions, as well as to enable routine and administrative tasks to be carried out with consistency and certainty (e.g. keeping of registers and making applications available to the public).

Appendix A to this report contains the proposed Instrument of Delegation. The document highlights changes to the currently approved Instrument of Delegation via shading of changed areas. Areas that are not shaded are areas where there is no recommended change. It is noted that there are a small number of areas removed from the Instrument which are detailed in Section 2.3 below.

2. DISCUSSION

Appendix B to this report contains the existing Instrument of Delegation for reference purposes.

Therefore the proposed changes to the Instrument of Delegation are as follows:

2.1 Council Staff Titles Updated

Part 2 of the Instrument of Delegation details various officer positions to which the delegation applies to. For ease of operation the positions are included in groupings.

Since 2009 there have been a number of changes in position titles within Council. The Instrument has been modified in accordance with those title changes. The following positions have changed title:

· Manager City Planning & Building (formerly Manager City Planning);

· Manager City Futures (formerly Manager Strategic & Economic Development);

· Coordinator Place Program (formerly Coordinator Place Management);

· Planning Investigation Officer (formerly Enforcement Officer)

· Landscape Inspection Officer (formerly Landscape Enforcement Officer);

· Landscape Assessment Officer (formerly Landscape Officer)


It is also proposed to change the grouping for Project Manager Strategic Planning from Group C to Group B. This effectively provides an increase in delegation for the Project Manager Strategic Planning Officers which is considered to be consistent with their position description and the operational requirements of the City Futures Department.

2.2 Amended Requirements for Delegates

Section 3.3 of the proposed Instrument of Delegation provides requirements that a Delegate of Council must not breach when acting under Delegated Authority. The requirements of this section have been expanded in accordance with legal advice.

2.3 Planning and Environment Amendment (General) Act 2013

The Planning and Environment Amendment (General) Act 2013 was assented to on 19 February 2013. The Act made many changes to the Planning and Environment Act affecting a number of areas of administration of the planning system. In particular the following areas are affected:

· Development Assessment Committees Abolished (none existed for Knox);

· Planning Application Committees;

· Planning Scheme Amendment Processes;

· Amendments, Ending, and Appeals Rights for Section 173 Agreements;

· Referral Authorities for Planning Applications; and

· Other general changes such as splitting Section 26 into two sections 26(1) and 26(2), Repealing of Sections 35A(2), 35B(1), 35B(2), 40(1A) and 179(1).

It is noted that some changes are already in operation; however the majority of the changes will come into operation on 28 October 2013 (unless proclaimed earlier).

The changes required to the Instrument of Delegation due to the Planning and Environment Amendment (General) Act 2013 are numerous. All changes are proposed to have delegations to the same levels as existing similar provisions of the Planning and Environment Act. The proposed delegations for the changes are also considered to be appropriate from a day to day operational perspective as well.

2.4 Changes to Delegation to Approve an Application

The following sections of the Planning and Environment Act relate to decisions to approve a planning application:

· Section 61(1)(a) – Power to decide to grant a permit;


· Section 61(1)(b) – Power to decide to grant a permit with conditions;

· Section 96G(1) – Power to determine to recommend to the Minister for Planning that a Permit be granted for a combined Planning Scheme Amendment / Permit application.

The above sections all currently have the same triggers to determine to approve an application under delegated authority. Currently delegated authority exists to approve applications unless one or more of the following triggers apply:

· The application proposes five or more dwellings or lots outside an Activity Centre with an approved structure plan, or a Development Plan Overlay area with an approved Development Plan;

· The application which has received 10 or more objections; or

· The application is ‘called up’ by a Councillor or Senior Officer.

The triggers for determination of applications by Council or by officers under delegated authority were extensively discussed at the Issues Briefing on 7 May 2013. It is important that the triggers facilitate the efficient operation of Council’s planning function, whilst still meeting community expectations that significant or controversial applications are determined by Council.

It is considered that the current triggers are appropriate and generally meet the expectations of an efficient planning process. Council also determines all significant residential proposals and any applications which receive 10 or more objections. It is noted that the ‘call up’ ability is used for other matters which a Councillor or Senior Officer considers should be determined by Council.

Majority support was provided at the Issues Briefing that changing the trigger of objections from 10 objections to objections from owners and/or occupiers of 10 or more separate properties would be appropriate. This is a relatively minor change that will not significantly affect the number of applications reported to Council; however it will mean that multiple objections from a small number of properties (that is less than 10 properties) do not automatically trigger Council assessment of an application.

The ‘call up’ provision is proposed to remain for any application that a Councillor or Senior Officer considers should be determined by Council.

The only other proposed change to the approval provisions is the inclusion of a requirement that the application must not be inconsistent with a cultural heritage management plan under the Aboriginal Heritage Act 2006. This requirement reflects existing legislation, affects only a very small number of applications, and has been recommended by Council’s Lawyers.


2.5 Changes to Delegation to Refuse an Application

The following sections of the Planning and Environment Act relate to decisions to refuse a planning application:

· Section 52(1A) – Power to refuse an application without giving notice of the application;

· Section 61(1)(c) – Power to decide to refuse the application;

· Section 61(2) – Duty to decide to refuse the application if a relevant determining referral authority objects to the application;

· Section 61(2A) – Power to decide to refuse the application if a relevant recommending referral authority objects to the application;

· Section 61(4) – Duty to decide to refuse the application if the grant of a permit would authorise a breach of a registered restrictive covenant; and

· Section 96G(1) – Power to determine to recommend to the Minister for Planning that a Permit be refused for a combined Planning Scheme Amendment / Permit application.

Currently delegated authority exists to refuse applications unless one or more of the following triggers apply:

· The application which has received 10 or more objections; or

· The application is ‘called up’ by a Councillor or Senior Officer.

Consistent with the changes recommended for approval of applications, it is also proposed to change the trigger of objections from 10 objections to objections from owners and/or occupiers of 10 or more separate properties. This is a relatively minor change that will not significantly affect the number of applications reported to Council; however it will mean that multiple objections from a small number of properties (that is less than 10 properties) do not automatically trigger Council assessment of an application.

The ‘call up’ provision is proposed to remain for any application that a Councillor or Senior Officer considers should be determined by Council.

Council should also note that for consistency the same trigger has been used for all of the above sections of the Planning and Environment Act. This differs from the current Instrument of Delegation as Section 52(1A) does not have any conditions or limitations attached to it, Sections 61(2A) and 61(4) are new delegations due to the Planning and Environment Amendment (General) Act 2013, and Section 96G(1) has been structured to be clearer as the delegations that apply to recommendations to approve and those that apply to recommendations to refuse.


2.6 Changes to Delegation where a failure appeal has been lodged

An identified issue with the current Instrument of Delegation is the ability to determine to oppose applications once an appeal has been lodged at VCAT against the failure of Council to determine an application within the specified time.

Section 84 of the Planning and Environment Act allows Responsible Authorities to determine applications after an appeal has been lodged at VCAT. The Act prevents a Planning Permit, Notice of Decision to Grant a Permit, or a Notice of Refusal from being issued – rather the determination of a position on the application assists with the VCAT appeal process.

The current Instrument of Delegation intended to allow for delegated decisions to be made to support or oppose applications using the same triggers as apply to approval or refusal of applications. However poor wording of the current delegation for Section 84(1) has meant that decisions to support an application can be made under delegated authority (provided the other triggers for Council decision are not met) but decisions to oppose an application must be made by Council.

To rectify this issue Section 84(1) has been structured to be clearer as the delegations that apply to recommendations to approve and those that apply to recommendations to refuse. The triggers for Council determination are the same as the previously described triggers for approval or refusal of applications.

2.7 Section 173 Agreements

Section 173 of the Planning and Environment Act allows Council to enter into an agreement with an owner of land in the area covered by the Knox Planning Scheme. Knox regularly uses Section 173 Agreements, particularly as part of the subdivision process.

The current Instrument of Delegation delegates the power to enter into an agreement to the Chief Executive Officer only, and subject to a specific policy in relation to Section 173 Agreements.

A Policy on Signing and Sealing of Section 173 Agreements was approved by Council on 14 July 2009 and is attached as Appendix C to the report. The Policy (at Clause 6) requires:

· that the Chief Executive Officer has the power to sign and seal agreements required as a condition on a Planning Permit, provided that the Agreement strictly aligns with the requirements of the conditions of the planning permits;

· That other Section 173 Agreements be presented to Council for consideration; and


· That all Section 173 Agreements be signed and sealed in accordance with the Meeting Procedure and Use of Common Seal Local Law 2008.

A review of the processes for signing and sealing Section 173 Agreements by the Manager Governance found:

· It was not necessary that Section 173 Agreements contain the Council Seal;

· That for efficiency and oversight reasons it is preferable that delegation to enter into agreements be to a person having a detailed understanding of the subject matter; and

· That the requirements of the Policy on Signing and Sealing Section 173 Agreements could be covered by the relevant section of the Instrument of Delegation – this would then mean the policy could be revoked without the loss of any requirements.

To implement the recommendations of the Manager Governance, the delegation for Section 173 of the Planning and Environment Act of the proposed Instrument of Delegation is to the Chief Executive Officer and the Director City Development – on the condition that “The Agreement must align with the requirements of a condition(s) on an issued Planning Permit”

This recommendation retains the delegation at a very senior level to provide for the appropriate level of oversight, but will also allow for efficiencies in the processing of the agreements to assist customers. Any agreement that was not consistent with a planning permit would need to be considered by Council which is consistent with the current arrangements.

Should Council agree to the proposed change to the delegation for Section 173 of the Planning and Environment Act, it is important that Council also revoke the policy for Signing and Sealing of Section 173 Agreements as it becomes redundant.

As noted in Section 2.3 above, the Planning and Environment Amendment (General) Act 2013 introduces a number of new provisions relating to Section 173 Agreements. The changes introduce new processes and decision making powers to end or amend Section 173 Agreements. The proposed Instrument of Delegation delegates decisions on amending or ending agreements to the Chief Executive Officer and Director City Development for consistency, however processing requirements are proposed to be delegated to various planning officers.

2.8 Other Legislation

The Planning Instrument of Delegation also includes delegations for a number of other pieces of legislation related to the planning functions of Council. The relevant pieces of legislation are:

· Residential Tenancies Act 1997;


· Planning and Environment Regulations 2005;

· Planning and Environment Interim (Fees) Regulations 2013; and

· Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) 2010.

Changes are proposed to the delegation applying to the legislation noted above as follows.

There have been a number of changes to the Residential Tenancies Act 1997, including the Residential Tenancies and Other Consumer Acts Amendment Act 2012 – which made a number of changes relating the regulation of Rooming Houses. The proposed Instrument of Delegation includes the updates to the Act, as well making changes to the delegation reflecting the operational arrangements that the Health Team in the City Safety and Health Department are responsible for in this area of regulation.

No changes are proposed to delegations for the Planning and Environment Regulations 2005.

The Planning and Environment (Fees) Regulations 2000 have been replaced with the Planning and Environment Interim (Fees) Regulations 2013. The provisions proposed to be delegated have been renumbered, although they are effectively the same provisions. No change to the delegations is proposed.

The Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 1999 have been replaced with the Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2010. The proposed Instrument of Delegation includes the changes to the Regulations, as well making changes to the delegation reflecting the operational arrangements that the Health Team in the City Safety and Health Department are responsible for this area of regulation.

No consultation has been held with the community on this matter. Consultation has occurred with Councillors (at the Issues Briefing on 7 May 2013) and Officers affected by the proposed Planning Instrument of Delegation.

3. CONSULTATION

Changes to the Planning Instrument of Delegation will not have any additional effect on environmental or amenity issues within Knox beyond normal work practices.

4. ENVIRONMENTAL/AMENITY ISSUES


There will be no significant financial implications associated with the changes proposed to the Planning Instrument of Delegation. If adopted, the changes will only have a minor impact on the number of matters that are reported to Council for determination. It is submitted that the proposed changes will not affect the resources required to administer the land use planning system.

5. FINANCIAL & ECONOMIC IMPLICATIONS

Changes to the Planning Instrument of Delegation will not have any additional effect on social issues within Knox beyond normal work practices.

6. SOCIAL IMPLICATIONS

This report relates to the City Plan theme of Democratic and Engaged Communities. Specifically the review of the Planning Instrument of Delegation is consistent with the aspiration that Knox is a City with a Council that operates in an efficient and effective manner, applies contemporary practices, has processes that are transparent and accountable, and exercises sound financial management.

7. RELEVANCE TO CITY PLAN 2013-17 (INCORPORATING THE COUNCIL PLAN)

This report concludes a review of Council’s Instrument of Delegation for Planning. It is recommended that Council adopt a revised Instrument of Delegation particularly due to the significant changes in legislation that have occurred since June 2009.

8. CONCLUSION

Whilst there are a number of changes recommended as a result of the review, there will be little difference in the type or number of planning matters reported to Council for determination. Council will still determine applications which attract significant objections, propose significant residential development outside approved Structure Plan areas, or have been ‘Called Up’ by a Councillor or Senior Officer.

It is submitted that the proposed Instrument of Delegation will facilitate the efficient operation of Council’s planning function, whilst continuing to meet community expectations that significant or controversial applications are determined by Council.

There are no items of a confidential nature in this report.

9. CONFIDENTIALITY


COUNCIL RESOLUTION MOVED: CR. PEARCE SECONDED: CR. SEYMOUR

That this matter be deferred to the Ordinary Meeting of Council to be held 22 October, 2013. CARRIED


APPENDICES A, B & C CIRCULATED UNDER SEPARATE COVER


ALL WARDS

6.5 INSTRUMENT OF DELEGATION – DOMESTIC ANIMALS, ENVIRONMENT PROTECTION AND FOOD FUNCTIONS

SUMMARY: Manager – City Safety and Health (Steven Dickson)

Section 98(6) of the Local Government Act 1989 requires a review of all Delegations within 12 months of a General Election of Council. The purpose of this report is to review the Health Services (adopted on 8 June 2010) and Local Laws (adopted on 22 September 2009) Instrument of Delegation which incorporates delegations under the Domestic Animals Act 1994, Environment Protection Act 1970 and the Food Act 1984. The changes to the Food Act 1984 Instrument of Delegation incorporate changes to this Act effective 1 July 2010 which introduced only minor operational changes which are outlined within the current Health Services Instrument of Delegation.

That Council;

RECOMMENDATION

1. Approve the attached Instrument of Delegation, shown as Appendix A, effective from 24 September 2013; and

2. Authorise the Chief Executive Officer to Sign and Seal the Instrument of Delegation, shown as Appendix A.

3. Effective from 24 September 2013, revoke the Health Services Instrument of Delegation dated 8 June 2010, shown as Appendix B; and

4. Effective from 24 September 2013, revoke the Domestic Animals Act 1994 Instrument of Delegation dated 22 September 2009, shown as Appendix C.

1.1 Background

1. INTRODUCTION

Council’s current Health Services Instrument of Delegation was adopted on 8 June 2010 and the Domestic Animals Act 1994 (Menacing Dog Declaration) Instrument of Delegation was adopted on 22 September 2009.

The attached Instrument of Delegation consolidate the current Instruments of Delegation and details the duties and functions recommended to be delegated (and which are currently delegated) to the Health Services and Local Laws business units within the City Safety and Health Department. In addition the Instrument also delegates the associated processes to officers under the following Acts:

· Domestic Animals Act 1994

· Environment Protection Act 1970

89 COUNCIL – CITY DEVELOPMENT 24 September 2013 6.5 Instrument of Delegation – Domestic Animals, Environment

Protection and Food Functions (cont’d)

· Food Act 1984

The Delegation is recommended for the effective and efficient operations of Council’s activities, as well as to enable routine and administrative tasks to be carried out with consistency and certainty (i.e. keeping of registers).

The delegations of the provisions of the Food Act 1984, Environment Protection Act 1970 and the Domestic Animals Act 1984 to an Officer appointed by Council, enable Council to satisfy its statutory requirements under these Acts and provide a safe and healthy Knox community and environment.

2. DISCUSSION

2.1 Delegation under the Domestic Animals Act 1994

The purpose of this Act is to promote animal welfare, the responsible ownership of dogs and cats and the protection of the environment.

The delegation under Section 41a(1) enables Officers of Council to declare a dog to be menacing to enable actions to be undertaken in the protection of the community and other animals.

The existing delegations are proposed to be retained and the S 41a(1) functions and duties (as highlighted in Appendix A) broadend to include the CEO, Director City Development, Manager City Safety and Health and the Coordinator Local Laws to improve the operational efficiency and effectiveness of Council’s services.

2.2 Delegation under the Environment Protection Act 1970

The Environment Protection Act 1970 (the Act) prescribes certain duties and functions to Health Services Authorities relating to the power to permit septic tanks within the municipality. The purpose of this Act is principally to protect the environment.

The Act enables the delegation of tasks and duties in relation to Section 53M (3-7) on septic tanks to one or more Officers in relation to the following:

· Power to require further information;

· Duty to advise applicant that the application is not to be dealt with;

· Duty to approve plans, issue permit or refuse permits;

· Power to refuse to issue septic tank permit; and

· Duty to refuse to issue a permit in prescribed circumstances.



The existing delegations are proposed to be retained and certain functions and duties (as highlighted in Appendix A) broadend to include the CEO, Director City Development, Manager City Safety and Health and the Coordinator Health Services to improve the efficiency and effectiveness of Council’s services.

2.3 Delegation under the Food Act 1984

The Food Act 1984 (the Act) prescribes certain duties and functions to Health Services Authorities relating to the registration of food premises within the municipality where Council is the registration authority. The purpose of this Act is to ensure that food for sale is both safe and suitable for human consumption and also to prevent misleading conduct in connection with the sale of food.

The Act also provides for the delegation of tasks and duties to one or more Officers to enable Council to exercise its powers in achieving the above purposes.

The changes to the Food Act 1984 Instrument of Delegation incorporate legislative changes to this Act effective 1 July 2010 which introduced only minor operational changes. There changes were outlined within the Health Services Instrument of Delegation adopted 8 June 2010 and have now been incorporated into the recommended Instrument of Delegation.

In line with the above, the current delegations are proposed to be maintained (as highlighted in Appendix A) but broadened to include the CEO, Director City Development, Manager City Safety and Health and the Coordinator Health Services to improve the operational efficiency and effectiveness of Council’s services.

The recommended delegations have been prepared in consultation with Council’s Lawyers to ensure legal accuracy.

3. CONSULTATION

Changes to the Instrument of Delegation will not have any additional effect on the environmental or amenity issues within Knox beyond normal work practices.


There will be no financial and economic implications.


There will be no additional social implications.




This report relates to the City Plan theme of Democratic and Engaged Communities. Specifically the review of the Planning Instrument of Delegation is consistent with the aspiration that Knox is a City with a Council that operates in an efficient and effective manner, applies contemporary practices, has processes that are transparent and accountable, and exercises sound financial management.


This report recommends the adoption of an Instrument of Delegation to enable Council to continue to meet its statutory obligations under;

8. CONCLUSION

· Domestic Animals Act 1994

· Environment Protection Act 1970

· Food Act 1984

The proposed Instrument of Delegation will facilitate the efficient operation of Council’s City Safety and Health Department functions and will meet community expectations of Council in the delegated matters.

There are no items of a confidential nature in this report.

9. CONFIDENTIALITY

COUNCIL RESOLUTION MOVED: CR. LOCKWOOD SECONDED: CR. HOLLAND

That Council;

1. Approve the attached Instrument of Delegation, shown as Appendix A, effective from 24 September 2013; and

2. Authorise the Chief Executive Officer to Sign and Seal the Instrument of Delegation, shown as Appendix A.

3. Effective from 24 September 2013, revoke the Health Services Instrument of Delegation dated 8 June 2010, shown as Appendix B; and

4. Effective from 24 September 2013, revoke the Domestic Animals Act 1994 Instrument of Delegation dated 22 September 2009, shown as Appendix C.

CARRIED


APPENDIX A

Instrument of Delegation

To

Members of Council Staff

Domestic Animals Act 1994

Environment Protection Act 1970 Food Act 1984

Updated 24 September 2013


Instrument of Delegation In exercise of the power conferred by section 98(1) of the Local Government Act 1989 and the other legislation referred to in the attached Schedule, the Council:

1. delegates each duty and/or function and/or power described in column 1 of the Schedule (and summarised in column 2 of the Schedule) to the member of Council staff holding, acting in or performing the duties of the office or position described opposite each such duty and/or function and/or power in column 3 of the Schedule;

2. records that a reference in the Schedule to:

“AO” means Authorised Officer

“EHO” means Environmental Health Officer

“C-HS” means Co-ordinator – Health Services

“C-LL” means Coordinator – Local Laws

“M-CSH” means Manager – City Safety and Health

“D-CD” means Director – City Development

“CEO means Chief Executive Officer

3. declares that:

3.1 this Instrument of Delegation is authorised by a resolution of Council passed on 24 September 2013; and

3.2 the delegation:

3.2.1 comes into force immediately the common seal of Council is affixed to this Instrument of Delegation;

3.2.2 remains in force until varied or revoked;

3.2.3 is subject to any conditions and limitations set out in sub-paragraph 3.3, and the Schedule; and

3.2.4 must be exercised in accordance with any guidelines or policies which Council from time to time adopts; and

3.3 the delegate must not determine the issue, take the action or do the act or thing:

3.3.1 if the issue, action, act or thing is an issue, action or thing which Council has previously designated as an issue, action, act or thing which must be the subject of a Resolution of Council; or


3.3.2 if the determining of the issue, taking of the action or doing of the act or thing would or would be likely to involve a decision which is inconsistent with a

(a) policy; or

(b) strategy

(c) adopted by Council; or

3.3.3 if the determining of the issue, the taking of the action or the doing of the act or thing cannot be the subject of a lawful delegation, whether on account of section 98(1)(a)-(f) (inclusive) of the Act or otherwise; or

3.3.4 the determining of the issue, the taking of the action or the doing of the act or thing is already the subject of an exclusive delegation to another member of Council staff.

3.4 In exercising any duty, function or power under this delegation the officer concerned will be mindful of the provisions under Division 1A – Conduct and Interests of the Local Government Act 1989.

3.4.1 The principles of these provisions apply to delegated officers.

3.4.2 Any disclosures under section 77A or 79 must be recorded in accordance with any guidelines or policies which Council from time to time adopts.

THE COMMON SEAL of KNOX CITY COUNCIL

was affixed pursuant to an Order of the Council

made on the 24 September 2013

in the presence of

Mayor ..............................................................................

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

Councillor ........................................................................


INDEX DOMESTIC ANIMALS ACT 1994 96 ENVIRONMENT PROTECTION ACT 1970 97 FOOD ACT 1984 98


DOMESTIC ANIMALS ACT 1994

Column 1 Column 2 Column 3 Column 4

PROVISION THING DELEGATED DELEGATE CONDITIONS & LIMITATIONS

s.41a(1) Power to declare a dog to be a menacing dog C-LL, M-CSH, D-CD, CEO

Council may delegate this power to an authorised officer


ENVIRONMENT PROTECTION ACT 1970



s.53M(3) power to require further information AO, EHO,C-HS,M-CSH, D-CD, CEO

s.53M(4) duty to advise applicant that application is not to be dealt with

AO, EHO,C-HS,M-CSH, D-CD, CEO

s.53M(5) duty to approve plans, issue permit or refuse permit


refusal must be ratified by Council or it is of no effect

s.53M(6) power to refuse to issue septic tank permit AO, EHO,C-HS,M-CSH, D-CD, CEO


s.53M(7) Duty to refuse to issue a permit in circumstances (a)-(c)

M-CSH, D-CD, CEO



S6. Instrument of Delegation – Members of Staff February 2010 Update

FOOD ACT 1984



s.19(2)(a) power to direct by written order that the food premises be put into a clean and sanitary condition


If section 19(1) applies

s.19(2)(b) power to direct by written order that specified steps be taken to ensure that food prepared, sold or handled is safe and suitable



s.19(3) power to direct by written order any of the matters in subsection 19(3)(a)-(c) until section 19(2) is complied with°

C-HS, M-CSH, D-CD, CEO


s.19(4)(a) power to direct that an order made under section 19(3)(a) or (b), (i) be affixed to a conspicuous part of the premises, and (ii) inform the public by notice in a published newspaper or otherwise

M-CSH, D-CS, M-CSH, CEO


s.19(4)(b) duty to notify the Department of the making of the order



s.19(4)(c) duty to notify the registration authority of the making of the order and any appeal and the outcome of the appeal


If section 19(1) applies and if Council is not the registration authority



FOOD ACT 1984



s.19(6)(a) duty to revoke any order under s.19 if satisfied that an order has been complied with



s.19(6)(b) duty to give written notice of revocation under section 19(6)(a) if satisfied that an order has been complied with

EHO, C-HS, M-CSH, D-CD, CEO


s.19BA(3) duty to give notice of the variation or revocation of the order to the general public in the same manner as the original notice


must be done by the same person as gave the original notice

s.19E(1)(d) power to request a copy of the food safety program


where Council is the "registration authority"

s.19EA(3) function of receiving a copy of any significant revision made to the food safety program


s.19GB power to request proprietor to provide written details of the name, qualification or experience of the current food safety supervisor




FOOD ACT 1984



s.19H(5)(a) & (5)(b)

duty to take into account (a) the food safety performance of the food business; and (b) any guidelines issued by the Secretary in determining the frequency and intervals of the assessments and audits


s.19I duty to conduct a food safety assessment as required under section 19H

AO, EHO, C-HS, M-CSH, D-CD, CEO

s.19IA(2) duty to give written notice to proprietor if food safety requirements or section 19DC(2) have not been complied with


s.19N function of receiving information from a food safety auditor


s.19NA(1) power to request food safety audit reports AO, EHO, C-HS, M-CSH, D-CD, CEO

s.19U(3) power to waive and vary the costs of a food safety audit if there are special circumstances




FOOD ACT 1984



s.19U(4) duty to ensure that information relating to costs of a food safety audit are available for inspection by the public


s.19UA power to charge fees for conducting a food safety assessment or inspection


s.19UA(4) duty to consider proprietor's history of compliance in deciding whether to charge the fee


s.19UA(5) duty to ensure that the method of determining a fee under subsection (3)(a) and the considerations that apply under subsection (4) are available for inspection by the public


s.19W power to direct a proprietor of a food premises to comply with any requirement under Part IIIB


power of registration authority

s.19W(3)(a) power to direct a proprietor of a food premises to have staff at the premises undertake training or instruction





FOOD ACT 1984



s.19W(3)(b) power to direct a proprietor of a food premises to have details of any staff training incorporated into the minimum records required to be kept or food safety program of the premises



s.35A function of registering food premises C-HS, M-CSH, D-CD, CEO

s.38(3) duty to consult with the Secretary about the proposed exemption under section 38(2)


s.38AA(4) duty to determine whether the food premises are exempt from the requirement of registration


s.38AA(5) power to (a) request further information; or (b) advise the proprietor that the premises must be registered if the premises are not exempt


s.38AB(4) power to fix a fee for the receipt of a notification under section 38AA in accordance with a declaration under subsection (1)




FOOD ACT 1984



s.38B(1)(a) duty to assess the application and determine which class of food premises under section 19C the food premises belongs


s.38B(1)(b) duty to ensure proprietor has complied with requirements of section 38A


s.38B(1)(c) duty to inspect AO, EHO, C-HS, M-CSH, D-CD, CEO

s.38B(2) duty to be satisfied of the matters in section 38B(2)(a)-(b)


s.38D(1) duty to ensure compliance with the applicable provisions of section 38C and inspect the premises if required by section 39


s.38D(2) duty to be satisfied of the matters in section 38D(2)(a)-(d)




FOOD ACT 1984



s.38D(3) power to request copies of any audit reports AO, EHO, C-HS, M-CSH, D-CD, CEO

s.38E(1)(c) function of assessing the requirement for a food safety program


s.38E(2) power to register the food premises on a conditional basis


s.38E(3)(a) function of receiving certificates AO, EHO, C-HS, M-CSH, D-CD, CEO

s.38E(4) duty to register the food premises when conditions are satisfied


s.38F(3)(a) duty to note the change to the classification of the food premises on the certificate of registration


s.38F(3)(b) power to require proprietor to comply with requirements of this Act




FOOD ACT 1984



s.39(2) duty to inspect within 12 months before renewal of registration


s.39(3) duty to inspect within 3 months before renewal of registration if circumstances in section 39(3)(a)-(d) apply


s.39A power to register food premises despite minor defects


s.40(1) duty to issue a certificate of registration in the prescribed form


s.40(2) power to incorporate the certificate of registration in one document with any certificate of registration under Part 6 of the Public Health and Wellbeing Act 2008


s.40C(2) power to grant or renew the registration of food premises for a period less than 1 year


s.40D(1) power to suspend or revoke the registration of food premises




FOOD ACT 1984



s.40D(2) duty to specify how long a suspension is to last under s.40D(1)


s.43(1) duty to maintain records of the prescribed particulars


s.43(3) duty to make available information held in records, free of charge, on request



APPENDIX B

Instrument of Delegation

to


(Health Services)

Updated 8 June 2010




2. records that a reference in the Schedule to:

“AO” means Authorised Officer

“EHO” means Environmental Health Officer

“TEO” means Technical Enforcement Officer

“C-HS” means Co-ordinator – Health Services

“M-CWB” means Manager – Community Wellbeing

“D-CS” means Director – Community Services

3. declares that:

3.1 this Instrument of Delegation is authorised by a resolution of Council passed on 28 July 2009; and

3.2 the delegation:









(a) policy; or

(b) strategy

(c) adopted by Council; or






THE COMMON SEAL of KNOX CITY COUNCIL

was affixed pursuant to an Order of the Council

made on the 8 day of June 2010

in the presence of

Mayor ..............................................................................


Councillor ........................................................................


INDEX ENVIRONMENT PROTECTION ACT 1970 111 FOOD ACT 1984 112


ENVIRONMENT PROTECTION ACT 1970



s.53M(3) power to require further information AO

s.53M(4) duty to advise applicant that application is not to be dealt with

AO, EHO, C-HS

s.53M(5) duty to approve plans, issue permit or refuse permit

AO, EHO refusal must be ratified by Council or it is of no effect

s.53M(6) power to refuse to issue septic tank permit AO, EHO,C-HS, M-CWB



S6. Instrument of Delegation – Members of Staff February 2010 Update *To be repealed as of 1 July 2010 °This section/amendment comes into force on 1 July 2010

FOOD ACT 1984



s.19(1) power to make an order in writing, upon receipt of a report from an authorised officer, directing that food premises be cleaned, etc.*

EHO, C-HS

s.19(2)(a) power to direct by written order that the food premises be put into a clean and sanitary condition°

EHO, C-HS If section 19(1) applies

s.19(2)(b) power to direct by written order that specified steps be taken to ensure that food prepared, sold or handled is safe and suitable°


s.19(3) power to direct by written order any of the matters in subsection 19(3)(a)-(c) until section 19(2) is complied with°

M-CWB, CHS If section 19(1) applies

s.19(4)(a) power to direct that an order made under section 19(3)(a) or (b), (i) be affixed to a conspicuous part of the premises, and (ii) inform the public by notice in a published newspaper or otherwise°

D-CS If section 19(1) applies

s.19(4)(b) duty to notify the Department of the making of the order°

C-HS If section 19(1) applies


*To be repealed as of 1 July 2010 ° This section/amendment comes into force on 1 July 2010

FOOD ACT 1984



s.19(4)(c) duty to notify the registration authority of the making of the order and any appeal and the outcome of the appeal°

C-HS If section 19(1) applies and if Council is not the registration authority

s.19(6)(a) duty to revoke any order under s.19 if satisfied that an order has been complied with°

C-HS If section 19(1) applies

s.19(6)(b) duty to give written notice of revocation under section 19(6)(a) if satisfied that an order has been complied with


s.19BA(3) duty to give notice of the variation or revocation of the order to the general public in the same manner as the original notice°

EHO, C-HS must be done by the same person as gave the original notice

s.19E(1)(d) power to request a copy of the food safety program°

EHO, C-HS where Council is the "registration authority"

s.19EA(3) function of receiving a copy of any significant revision made to the food safety program°

EHO, C-HS

s.19F(1)(a) power to issue directive to comply with any specified requirement in the food safety program*

EHO, C-HS



FOOD ACT 1984



s.19F(1)(b) power to issue directive, if Division 3A applies, to have the food safety program for the premises audited*

EHO, C-HS

s.19GB power to request proprietor to provide written details of the name, qualification or experience of the current food safety supervisor

EHO, C-HS

s.19H(5)(a) & (5)(b)

duty to take into account (a) the food safety performance of the food business; and (b) any guidelines issued by the Secretary in determining the frequency and intervals of the assessments and audits°

C-HS

s.19HA power to inspect a food premises to determine whether the food business is operating in accordance with the food safety program*

AO, EHO, C-HS

s.19HB duty, where of the opinion that the food safety program has not been implemented or complied with, to advise the proprietor of this opinion, reasons for the opinion, what needs to be remedied and the period within which this must occur*

AO, EHO, C-HS



FOOD ACT 1984



s.19I duty to conduct a food safety assessment as required under section 19H°

AO, EHO, C-HS

s.19IA(2) duty to give written notice to proprietor if food safety requirements or section 19DC(2) have not been complied with°

AO, EHO, C-HS

s.19N function of receiving information from a food safety auditor°

AO, EHO, C-HS

s.19NA(1) power to request food safety audit reports° AO, EHO, C-HS

s.19U(3) power to waive and vary the costs of a food safety audit if there are special circumstances°

C-HS

s.19U(4) duty to ensure that information relating to costs of a food safety audit are available for inspection by the public°

C-HS

s.19UA power to charge fees for conducting a food safety assessment or inspection°

C-HS

s.19UA(4) duty to consider proprietor's history of compliance in deciding whether to charge the fee°

C-HS



FOOD ACT 1984



s.19UA(5) duty to ensure that the method of determining a fee under subsection (3)(a) and the considerations that apply under subsection (4) are available for inspection by the public°

C-HS

s.19W power to direct a proprietor of a food premises to comply with any requirement under Part IIIB°

AO, EHO, C-HS power of registration authority

s.19W(3)(a) power to direct a proprietor of a food premises to have staff at the premises undertake training or instruction°


s.19W(3)(b) power to direct a proprietor of a food premises to have details of any staff training incorporated into the minimum records required to be kept or food safety program of the premises°


s.35 function of registering food premises* C-HS, M-CWB

--- power to register, renew or transfer registration C-HS, M-CWB refusal to grant/renew/transfer registration must be ratified by Council

s.35A function of registering food premises° C-HS, M-CWB



FOOD ACT 1984



s.35B(1) power to recognise, in writing, the registration of another registration authority for a specified temporary or mobile food premises°

C-HS

s.38(3) duty to consult with the Secretary about the proposed exemption under section 38(2) °

C-HS

s.38AA(4) duty to determine whether the food premises are exempt from the requirement of registration°

AO, EHO, C-HS

s.38AA(5) power to (a) request further information; or (b) advise the proprietor that the premises must be registered if the premises are not exempt°

AO, EHO, C-HS

s.38AB(4) power to fix a fee for the receipt of a notification under section 38AA in accordance with a declaration under subsection (1)°

C-HS

s.38B(1)(a) duty to assess the application and determine which class of food premises under section 19C the food premises belongs°

EHO, C-HS

s.38B(1)(b) duty to ensure proprietor has complied with requirements of section 38A°

AO, EHO, C-HS



FOOD ACT 1984



s.38B(1)(c) duty to inspect° AO, EHO, C-HS

s.38B(2) duty to be satisfied of the matters in section 38B(2)(a)-(b)°

AO, EHO, C-HS

s.38D(1) duty to ensure compliance with the applicable provisions of section 38C and inspect the premises if required by section 39°

AO, EHO, C-HS

s.38D(2) duty to be satisfied of the matters in section 38D(2)(a)-(d)°

AO, EHO, C-HS

s.38D(3) power to request copies of any audit reports° AO, EHO, C-HS

s.38E(1)(c) function of assessing the requirement for a food safety program°

AO, EHO, C-HS

s.38E(2) power to register the food premises on a conditional basis°

C-HS

s.38E(3)(a) function of receiving certificates° AO, EHO, C-HS

s.38E(4) duty to register the food premises when conditions are satisfied°

C-HS



FOOD ACT 1984



s.38F(3)(a) duty to note the change to the classification of the food premises on the certificate of registration°

C-HS

s.38F(3)(b) power to require proprietor to comply with requirements of this Act°

AO, EHO, C-HS

s.39(1) duty to inspect* AO, EHO, C-HS

s.39(2) duty to inspect within 12 months before renewal of registration°

AO, EHO, C-HS

s.39(3) duty to inspect within 3 months before renewal of registration if circumstances in section 39(3)(a)-(d) apply°

AO, EHO, C-HS

s.39(2)(a) duty to ensure that, if the premises is a declared premises, there is a food safety program for the premises that complies with section 19DC*

AO, EHO, C-HS

s.39(2)(b) duty to ensure that if the premises is a declared premises, there is a food safety program for the premises that complies with section 19D*

AO, EHO, C-HS



FOOD ACT 1984



s.39(2)(c) duty to ensure that, if the premises is a declared premises, no other ground for the refusal of registration, renewal of registration or the transfer of registration exists under Part IIIB*

C-HS

s.39A power to register food premises despite minor defects

C-HS, M-CWB

s.40(1) duty to issue a certificate of registration in the prescribed form

EHO, C-HS

s.40(2) power to incorporate the certificate of registration in one document with any certificate of registration under Part 6 of the Public Health and Wellbeing Act 2008

EHO

s.40C(2) power to grant or renew the registration of food premises for a period less than 1 year°

C-HS

s.40D(1) power to suspend or revoke the registration of food premises

C-HS, M-CWB

s.40D(2) duty to specify how long a suspension is to last under s.40D(1)

C-HS, M-CWB



FOOD ACT 1984



s.43(1) duty to maintain records of the prescribed particulars

AO, EHO, C-HS

s.43(3) duty to make available information held in records, free of charge, on request°

C-HS

s.43(5) duty to cause a copy of any entry under s.43(1) to be certified as correct and supply it to any person who requests it free of charge*

EHO

s.46(5) power to institute proceedings against another person where the offence was due to an act or default by that other person and where the first person charged could successfully defend a prosecution, without proceedings first being instituted against the person first charged*

C-HS, M-CWB


Appendix C Page 1 of 2


Appendix C page 2 of 2


ALL WARDS

6.6 ECONOMIC DEVELOPMENT COMMITTEE 2012/13 ANNUAL PROGRESS REPORT & COMMITTEE TERMS OF REFERENCE REVIEW

SUMMARY: Manager, City Futures (Kim Rawlings)

This report is the annual overview of the activities conducted under the auspice of Council’s Economic Development Committee and provides a progress report on the implementation of the Knox Economic Development Strategy and the Place Program. Highlights for the year include;

· Successful delivery of the Annual Business Education and Events Program;

· Highest recorded attendance for third Knox Prosperous Modern Economy Conference;

· An active Business Engagement and Visits Program; · Partnering with business to participate in the 2013 Austech

Manufacturers Pavilion Exhibition; · Knox Innovative Opportunity & Sustainability Centre (KIOSK)

officially open for training; · Successful completion of the Ferntree Gully Village Streetscape

Upgrade; and · Commencement of design and development phase for Mountain Gate

and Alchester Village Activity Areas.

Endorsement of the reviewed Terms of Reference for the Economic Development Committee is also recommended in this report.

That Council;

RECOMMENDATION

1. Note the Annual Progress Report of the Economic Development Committee on the activities carried out under its auspice during 2012/13; and

2. Endorse the Terms of Reference, for the Economic Development Committee as shown at Appendix A.

Council formed its revised Economic Development Committee (EDC) in February 2009, and received the Committee’s first report on its activities in May 2009.

1. INTRODUCTION

This is the fifth annual report from the EDC and covers the activities conducted under the auspice of the Committee together with implementation actions from the Economic Development Strategy for the period May 2012 and June 2013.


6.6 Economic Development Committee 2012/13 Annual Progress Report (cont’d)

The EDC has met on three (3) occasions over the reporting period and is effectively driving the continued implementation of the Knox Economic Development Strategy (2008-2018) (KEDS), along with overseeing the content and delivery of Council’s Economic Development and Place programs.

2.1 Economic Conditions

2. DISCUSSION

The past twelve months have presented a range of challenging global and national conditions with which all elements of the Knox economy have had to contend.

The Reserve Bank of Australia has recently reflected on the circumstances influencing the performance of the national economy in the following terms:

· Global growth is running below average, but with prospects for a pick-up next year;

· The Australian economy is growing below trend, which is likely to continue as the economy adjusts to reductions in the level of mining investment;

· The Australian Dollar depreciated around 15 percent since April and may drop further, aiding the terms of trade and thus assisting to rebalance growth in the economy; and

· Nationally, unemployment has edged higher from 5.1 percent in September 2012 to an estimated 5.6 percent at June 2013.

The 2013-14 Federal Budget estimates that Australia’s Gross Domestic Product is expected to rise 2.5 percent in 2013/14, and lift by a further 3 percent in 2014/15.

High world commodity prices over recent years have fuelled significant levels of investment in Australia’s resources sector which has flowed through to regional and local levels. Examples in Knox include rubber conveyor manufacturer Veyance Belting in Bayswater and monitoring equipment producer EcoTech in Knoxfield.

The economic outlook for Victoria is positive with Gross State Product projected to increase by 2.25 percent in 2013/14 and by 2.75 percent annually through to 2016/17. (2013/14 Victorian State Budget)

Locally, the Knox economy has remained relatively stable over the past three years.


6.6 Report on Economic Development Committee Activities during 2012/13 & Endorsement of Committee TOR (cont’d)

Gross Regional Product has performed steadily over recent years, despite a ‘flattening’ during the Global Financial Crisis (2007-8 to 2009-10). Since this time, economic growth in Knox has recovered and exhibited an annual average growth rate of 2.2 percent resulting in a GRP of $7.6 billion in 2010/11.

Whilst the contribution to GRP from the manufacturing sector has dropped by 2.8 percent over this period, the rise in contributions from Health & Social Assistance Services (up 1.4 percent) and Professional & Technical Services (0.9 percent), whilst only modest, is demonstrating that Knox may be ‘turning the corner’ in its transition towards a more knowledge-based economy.

Total numbers of registered businesses have been steady with only modest fluctuations over recent years; (13,166 in 2010, 13,216 in 2011, and 13,183 during 2012). Source: REMPLAN economy

Similarly, unemployment in Knox has remained steady over past years at around 4.0 percent. This is characteristic for Knox across almost the past decade, although the traditional 1 percent difference between Knox and Greater Melbourne has widened marginally to 1.5 percent over the past year, suggesting continued resilience in the Knox labour force.

6600 6700 6800 6900 7000 7100 7200 7300 7400 7500 7600 7700

2006-07 2007-08 2008-09 2009-10 2010-11

Knox Gross Regional Product ($m)


6.6 Report on Economic Development Committee Activities during 2012/13 & Endorsement of Committee TOR (cont’d)

Unemployment Rate

As global demand falls, commodity prices will trend down and over the next few years the economy can be expected to face falling terms of trade and a period of transition back to a ‘pre-resources boom’ style of economy. This will likely generate increasing dependence on sectors of economic activity in which Knox has strengths – manufacturing, wholesaling, construction and business and personal services, resulting in further stability within the local economy.

The above analysis provides a generally positive outlook for Knox’s economic performance over the immediate future, and with the upcoming strategic review and refocus of the Knox Economic Development Strategy and the Council’s economic development program, it is reasonable to expect that the local economy and much of its business sector can, overall, remain resilient in the face of the transitions ahead.

2.2 Economic Development Committee Activities in 2012-13

The Economic Development Committee has provided strategic overview and direction that has guided implementation of the KEDS and a number of other projects delivered by the City Futures team.



2.2.1 Knox Economic Development Strategy (2008-2018) – KEDS

A total of 115 actions are contained within the KEDS and are scheduled to commence implementation at varying times over its ten year coverage.

In summary, these actions currently have the following status:

· Needs Closer Attention or Review – 5;

· Delayed but Retrievable – 1;

· Progressing Well and On Target – 54;

· Not Yet Due to Commence – 21; and

· Completed – 16; The following chart demonstrates the improved levels of implementation of the Economic Development Strategy over the past three years.

The important points to note are:

· The significant reduction in the number of actions that were delayed but retrievable and are now back on track;

· An improvement in the number of actions now progressing well;

· A reduction in the number of actions not commenced;

· A modest increase in the number of tasks completed; and

· The number of tasks now subsumed under the new arrangements overseen by the Knox Central Advisory Committee.

0

10

20

30

40

50

60

2010/11 2011/12 2012/13

KEDS Implementation Monitor

Needs Closer Attention or Review

Delayed but Retrievable

Progressing Well

Not Yet Commenced

Completed

Knox Central Advisory Committee



The Strategy was subject to a scheduled ‘relevance and priority’ review in 2012, the outcomes of which were reported to Council in April 2012. As specified in the Strategy, a more substantial review is being planned for the mid-term point in 2013/14. This review will also seek to advance the better integration of Council’s 3 key strategies being Economic Development, Sustainable Environment and Community Health and Wellbeing. It will also ensure alignment with City Plan.

Specific projects and activities over the past year that have contributed to implementation of the Strategy are presented in the sections that follow.

2.2.2 Knox Business Direct.com.au (KEDS Objective 8)

Council’s dedicated business information and economic development website continued to be a valuable vehicle for communications between Council and its business community. Updated and re-branded ‘Opportunity Knox’ in 2012, the site contains the Knox Business Directory, economic publications and enables on-line registration for Council’s business education and events programs.

Over the period covered by this report, the site was accessed on 22,100 occasions.

The majority of visits are generated from Australia however there are regular visits from China, India and the USA.

2.2.3 Communications (KEDS Objective 8)

Regular communication with the business community and the promotion of achievements are important to the relationship upon which Council’s economic development program is built.

‘Knox Business Life’ plays an important role in fostering these connections and is valued by those who receive it. Two editions of this newsletter have been distributed over the past 12 months to over 7000 Knox businesses.

Businesses registered on Knox Business Direct with email addresses have received 58 e-communications over the period covered by this report, an average of 3450 recipients per edition. The average readership has been consistent at more than 17%, which is considered a reasonable rate of readership penetration.



2.2.4 2013 Knox Prosperous Modern Economy Conference (KEDS Objective 8)

Council hosted its third annual conference in May 2013 themed ‘Preparing your business for a changing world’. The conference incorporated two workshops and an expo providing access to government agencies, industry associations, educators and sponsors. It was attended by over 230 attendees from the local business community, almost double the 2012 conference registrations.

This years’ conference generated income and in-kind support in excess of $25,480 through registration fees and sponsorship allowing the engagement of two high profile speakers.

Ninety five percent of survey respondents confirmed that the conference met their expectations. The following two comments are indicative of the level of satisfaction indicated in the post-event evaluation survey:

“All four of us that attended are still talking about how well it was put together along with the quality of the guest speakers.” It was a great event with a captive (sic) audience. Keep up the good work and see you next year for the next one.”

2.2.5 2012 ‘Eastern Women on the Go’ - Forum & Mini Expo (KEDS Objective 7)

Knox Council has partnered with Maroondah City Council, Yarra Ranges Council, and the Bendigo Bank since 2009 to conduct three Women in Business Forums and Mini Expos throughout the year. The Knox event held in August 2012 saw very highly regarded presentations from three prominent local business women. The event included 41 Expo Stands and was attended by 90 local businesswomen.

These comments are representative of the level of satisfaction with the event:

“This was the first time I'd attended Eastern Women on the Go. I was really impressed with everything. Attending made me realise that there are some really great networks in the eastern suburbs. It also highlighted the great work Councils do to promote business.” “A fantastic event, the mini expo was a great success for our company; the speakers were very down to earth and inspirational. A very friendly atmosphere and a great format.”



2.2.6 Business Education & Events Program (KEDS Objective 7)

Knox Council delivers one of the most successful business education programs in Melbourne in partnership with Small Business Victoria aimed at growing local business through skills development and technology transfer.

A total of 23 business education programs were successfully delivered with attendees totalling 365. In 2011 the Australian Taxation Office ceased their very popular business education seminar. In response to the high demand for this, Council supplemented its business education program by partnering with the Learn Local Centres, administered by the Knox Neighbourhood House Network and have provided well in excess of 50 business education programs.

2.2.7 2013 Austech Manufacturers Pavilion Exhibition (KEDS Objective 8)

Knox Council partnered with five Knox businesses to attend the 2013 Austech Manufacturer’s Pavilion Exhibition, a significant opportunity for our businesses with more than 11,000 visitors to this year’s National Manufacturing Week and Austech.

Preliminary feedback from the participating businesses is extremely positive with a number of leads gained. Further evaluation with the businesses is scheduled for August and November 2013 to further quantify if the exhibition has provided longer term benefits.

2.2.8 Knox EnviroTech Action Agenda: 2012-13 (KEDS Objective 4)

Knox Council has continued to support the activities of the Knox EnviroTech Network Incorporated (KEN Inc.), in particular the recently established The Energy Saving Consortium (TESC), a group of companies that have come together through KEN Inc. to share services, knowledge and business opportunities and increase their bidding strength as a consortium of small/medium businesses.

2.2.9 Knox Innovation, Opportunity & Sustainability Centre – KIOSC (KEDS Objectives 2 & 5, Strategies 2.1 & 5.2)

Council has been working with KIOSC under a Memorandum of Understanding which sets out a framework for cooperation between Knox City Council, Swinburne University of Technology and KIOSC (Rowville Secondary College on behalf of Department of Education & Early Childhood Development) so that they may seek to improve year 12 or equivalent completion rates and to help address skill shortages in traditional trade and emerging industry areas.

During the period covered by this report KIOSC has trained 4,585 students, a strong performance against the target of 4,000.



KIOSC was officially opened in April 2013 by Senator the Hon Jacinta Collins, Parliamentary Secretary for School Education and Workplace Relations.

2.2.10 Knox Industry Skills Review (KEDS Objective 2)

This first phase of the work on skills has provided summary information and analysis of national, state and local reports and data on industry and employment structure, along with a review of broad issues relating to current skills and shortages and emerging new sectors of economic activity.

The work identified that better understanding of all industry sectors within Knox is required along with further analysis of the skills and qualifications in the current Knox workforce. Consideration is being given to achieving this by conducting a detailed business survey in 2014.

Specifically, greater focus is required on the businesses within the expanding health care and social assistance sectors.

Council’s key role, in addition to gathering and sharing information, lies in its capacity to broker co-operation between regional education and training providers, all levels of governments, local businesses and their associations.

2.2.11 Business Visits Program (KEDS Objective 8)

Council has been regularly engaging with Knox businesses with an aim to better understand business confidence and promote Council’s business and economic development services and to continue to ensure that our service delivery remains relevant and responsive.

During 2012/13 Economic Development Officers visited 54 businesses, a 35% increase on 2011/12. Sixty one percent of visits were to the industry sector with the highest employee numbers. Around 65 percent of business visits were undertaken in partnership with the Healthy Together Knox Team.

Officers also connected with more than 370 businesses through networking and consultation opportunities e.g. Knox@50 business consultation and the Southern & Eastern Metropolitan Melbourne Christchurch Earthquake Recovery Project Briefing Session which was aimed at informing local businesses of opportunities arising in New Zealand.

2.2.12 South East Melbourne Innovation Precinct (SEMIP) (KEDS Objective 5)

SEMIP continued to promote and facilitate innovation across its region. A senior Siemens executive has taken up the role as Chair of the SEMIP Steering Committee and the partners are reviewing the strategic directions with a view to enhancing the links between small/medium businesses and the Precinct’s research providers.



Earlier this year, the Federal Government announced the formation of a national Manufacturing Industry Innovation Precinct, (MIIP), to be based in the south east of Melbourne on the campus of Monash University under the chairmanship of former Siemens CEO, Albert Goller. SEMIP partners have been actively involved in the development of the activities of the MIIP, and anticipate a stronger role into the future.

The group also met with The Hon Simon Crean, MLA, Member for Hotham, who made representations to the then Minister for Broadband Communication and the Digital Economy to push for advancing of the broadband rollout within the Precinct.

2.2.13 Melbourne’s South East (MSE) Regional Economic Development Group (KEDS Objective 11)

Knox has been a driver of the strategic review and refocus of MSE over the past few months. MSE has since reviewed its charter to provide a more structured framework for pursuing regional development initiatives into the future. Current projects have included the economic implications of the proposed Port of Hastings development; plans for a South East Metropolitan Airport within the Casey-Cardinia growth corridor; the Bunyip Food Belt, and the Management of Tourism Promotion on the Peninsula.

With the prospect of a regional approach to implementation of the upcoming Metropolitan Planning Strategy, the Group stands ready to play a significant role in the future planning and development of Melbourne’s South East.

2.2.14 Place Program – Program of Works 2012-13 (KEDS Objective 6)

Progress on 2012-13 Place Program Priorities is as follows:

2.2.14.1 Ferntree Gully

The Ferntree Gully Streetscape Improvement Project was completed in 2013 and is currently subject to a 12 month defects liability period. The improvements have been well received by the overwhelming majority of the community.

In parallel to this, the Place Program team has been leading the preparation of a Draft Structure Plan for the Ferntree Gully Village. The Draft Structure Plan was a response to the introduction of interim height controls (7.5m maximum) by the Minister for Planning.



An intense 3 month period saw four primary community forums plus extensive mail outs, bulletins, on-line surveys and newspaper advertisements deliver the development of the Draft Structure Plan. The Draft Structure Plan and associated Planning Scheme Amendment are currently awaiting Ministerial approval to go on public exhibition. The exhibition period is proposed to run from mid November to until mid December 2013. The intention is that the Draft Structure Plan and associated Amendment be with the Minister for final approval and Gazettal in August 2014.

2.2.14.2 Alchester Village

The Place Program for the Alchester Village is establishing a set of short, medium and long term aspirations for Alchester Shopping Centre. In addition, a key focus of the project is to develop a concept plan for streetscape improvements at the shopping centre.

A draft concept plan has been presented to Council’s project team and the Ward Councillor. The draft plan and information was shared with traders/owners and community from 3 July to 19 July 2013 for their comments and identification of their priority issues. The draft Alchester Village Place Program and Streetscape Master Plan are scheduled to be presented to Council in October 2013 prior to going on exhibition.

2.2.14.3 Mountain Gate The Place Program for Mountain Gate is establishing a set of short, medium and long term aspirations for Mountain Gate Shopping Centre and seeking to align these aspirations with ‘fit for purpose’ projects as a Place Program. In addition, a key focus of the program is to develop a concept plan for streetscape improvements at the shopping centre.

Much of the initial concept planning and design was carried out in 2012/13 with the continued design development and contract documentation scheduled to proceed in 2013/14.

2.3 The Year Ahead

2.3.1 Extension of Economic Development Committee Terms of Reference

The Terms of Reference for the Economic Development Committee require renewal for the period 2013–2015. The current Terms of Reference have enabled the Committee to work effectively and it is therefore recommended that they be renewed. Minor amendments are proposed to the Conflict and Interest provisions to align with current Council policy in regard to Assemblies of Councillors. The amended document is attached at Appendix A.



2.3.2 Economic Development Program

Plans for 2013/14 include the following activities and projects:

· Complete the mid-term strategic review of the Knox Economic Development Strategy 2008-2018.

· Continue to visit businesses.

· Plan and deliver another comprehensive business education and events program.

· Production of at least two (2) editions of Knox Business Life.

· Further improvement of the Knox Development Facilitation Service.

· Design, scoping and development of a business case for introduction of a Knox Investment Attraction Program in 2015/16.

· Scoping of project initiatives to plan for the development of a Health and Wellbeing Precinct at Wantirna.

· Commencement of work to examine renewal and growth options for the Bayswater Employment Precinct.

· Stronger partnering between economic development and place projects to support place-based business initiatives.

2.3.3 Place Program

The following Place Program Initiatives are funded during 2013/14:

2.3.3.1 Alchester Village

Following on from, and in response to the preparation of an overarching Place Program, Alchester Village will be subject to the preparation of Built Form Design/Planning Guidelines. Interim height controls are currently awaiting Ministerial consideration. It is expected that a consultant will be appointed end 2013 to assist in the preparation of these Guidelines.

2.3.3.2 The Basin

The Basin will be subject to the preparation of Built Form Design/Planning Guidelines. As with Alchester Village, interim height controls are currently awaiting Ministerial consideration. It is expected that a consultant will be appointed end 2013 to lead the preparation of these Guidelines.



2.3.3.3 Upper Ferntree Gully

Upper Ferntree Gully will be subject to a streetscape upgrade master planning process which will compliment the concurrent Structure Planning process.

The primary focus will be on the activity centre and will largely determine, subject to future budget approval, the improvements required to support the centre in coming years.

2.3.3.4 Mountain Gate Shopping Centre

Mountain Gate will be subject to a continuation of the design development process and, subject to confirmation of Federal Government funding through the Regional Development Australia Fund, the commencement of the first stage of capital works which will focus on the town square area outside Coles.

The next stage of detailed design development and documentation is expected to commence in October 2013 with completion of Stage 1 works (towns square outside Coles) by June 2014 (subject to funding).

2.3.3.5 Place Discussion Series & Cross Organisational Working in Place

The Place Discussion Series will continue across 2013/14 offering as it has done for the past two years, a valuable forum for information and insight through guest speakers and presenters on contemporary subjects relevant to the work of the organisation.

The Place Program team has established a cross-organisational group comprising Coordinators to advance work/project programming synergies in various locations/places.

This is in response to the Place Management Review conducted in 2009 in which it stated that the alignment of projects is one of the most effective ways in which the organisation can maximise its impact and minimise ‘double handling’.

Extensive consultation informed the preparation of the Knox Economic Development Strategy (2008-2018). Subsequent actions to implement the Strategy and other initiatives are, where appropriate and feasible, developed and delivered in consultation with relevant business groups, government agencies, educational institutes and other stakeholders.

3. CONSULTATION

The Economic Development Committee was consulted in the preparation of this report.



There are no direct environmental or amenity issues associated with this report. The Knox Economic Development Strategy is founded on sustainability principles and contains initiatives that can, over time, make significant contributions to improving the Knox environment.


The 2012/13 Budget (as forecast), provided $158,297 for the implementation of the Economic Development Strategy and $68,771 for Place Program and associated initiatives, excluding Capital Works.


The work overseen by the EDC as part of Council’s economic development program promotes greater prosperity throughout the municipality and seeks to provide additional jobs for local residents. Local businesses also become involved in the provision of support for community groups and their activities. Given the financial and economic implications outlined above, and the slow down-turn in local unemployment, adverse social implications may become more evident.


The programs addressed in this report are Council’s principal means of pursuing aspirations in City Plan 2013-2017 for a Prosperous Advancing Economy, (Theme 2), together with progress towards a Vibrant and Sustainable Built and Natural Environment, (Theme 3).


This report outlines the past year’s achievements of Council’s Economic Development Committee, working in conjunction with officers of the City Futures Team, and sets out priorities for the year ahead.

8. CONCLUSION

The Council’s Economic Development and Place Programs are contributing to making Knox an attractive living environment and a highly regarded destination for business and investment, thus delivering on the vision for a prosperous advancing economy and a vibrant and sustainable environment.


9. CONFIDENTIALITY



COUNCIL RESOLUTION MOVED: CR. PEARCE SECONDED: CR. SEYMOUR

That Council;

1. Note the Annual Progress Report of the Economic Development Committee on the activities carried out under its auspice during 2012/13; and

2. Endorse the Terms of Reference, for the Economic Development Committee as shown at Appendix A.

CARRIED


APPENDIX A

TERMS OF REFERENCE

ECONOMIC DEVELOPMENT COMMITTEE

Directorate City Development

Responsible Officer Manager – City Futures

Committee Type Advisory

Approval Date: April 2013

Review Date: April 2015

1. PURPOSE

The purpose of the Knox Economic Development Committee is to advise on the implementation, monitoring and review of the Knox Economic Development Strategy 2008 -2018, and the Council’s Place Management Program.

2. OBJECTIVES

The objectives of the Committee are to:

· Exchange information with and provide advice to officers on the policy framework for Council’s Economic Development & Place Management Programs;

· Advise on, monitor and report annually to Council on the implementation and revision of the Knox Economic Development Strategy 2008 – 2018 & the Place Management Program;

· Identify, consider and advise on new Economic Development & Place Management activities and programs; and

· Make recommendations to Council on any changes required in the Economic Development Strategy or the Place Management Program.


3. MEMBERSHIP, PERIOD OF MEMBERSHIP AND METHOD OF APPOINTMENT

The Committee will comprise three (3) Knox Councillors to be determined annually by Council - one of whom shall be Chairperson. The Committee will be supported by Council officers nominated by the CEO and/or Director City Development. These staff will provide the Committee with project management and administrative support as well as specific advice in relation to the achievement of its objectives.

4. DELEGATED AUTHORITY AND DECISION MAKING

The Committee will act in an advisory capacity only. The Committee has no delegated authority to make decisions as if they were Council.

5. MEETING PROCEDURES

The Committee will meet at least three times each year. In summary, meetings will:

· Commence on time and conclude by the stated completion time;

· Be scheduled and confirmed in advance with all relevant papers distributed (as appropriate) to each member;

· Encourage fair and reasonable discussion of each other’s views;

· Focus on the relevant issues at hand; and

· Provide advice to Council as far as possible on a consensual basis. The Committee may if deemed necessary and appropriate, schedule additional meetings to achieve its objectives. Members may be called upon to provide advice to the Committee between scheduled meetings.

6. CHAIR

The Chair will be selected from and by the member Councillors.

7. AGENDAS AND MINUTES

Minutes must contain details of the proceedings and resolutions made, be clear and self explanatory, and incorporate relevant reports considered at the meeting.


Minutes will be provided for formal endorsement at the subsequent meeting. Agendas and minutes will be circulated by the responsible officer to members in a timely manner, but not less than 48 hours prior to the time fixed for holding the subsequent meeting.

8. VOTING

Councillors will have voting rights. Staff will provide advice to the Committee only and have no voting rights.

9. CONFLICT AND INTEREST PROVISIONS

In performing the role of a Committee member, all members must:

· Act honestly;

· Exercise reasonable care and diligence;

· Not make improper use of their position;

· Not make improper use of information acquired because of their position;

· Declare any conflict of interests; and

· Adhere to Council’s codes of conduct and confidentiality provisions.

Where a member of the Committee has a conflict of interest in relation to a matter in which the Committee is concerned, or is likely to be considered or discussed, the member will be required to disclose the nature of any relevant interest prior to the matter being discussed. Disclosure must include the nature of the relevant interest and be recorded in the minutes of the meeting. When a disclosure is made by a member that member must not be present for consideration of the matter to which the inertest disclosure relates. In performing the role of Advisory Committee member, a person must:

· act with integrity;

· impartially exercise his or her responsibilities in the interests of the local community;

· not improperly seek to confer an advantage or disadvantage on any person;

· treat all persons with respect and have due regard to the opinions, beliefs, rights and responsibilities of other persons;

· commit to regular attendance at meetings; and

· not make improper use of information acquired because of their position or release information that the member knows, or should reasonably know, is confidential information.


Meetings of an Advisory Committee may potentially form an Assembly of Councillors. When this occurs, Councillors and officers are required to comply with the conflict of interest provisions as set down in the Local Government Act 1989. Where a Councillor or officer declares a conflict of interest in relation to a matter in which the committee is concerned, they must disclose the interest to the committee before the matter is considered or discussed at the meeting. Disclosure must include the nature of the relevant interest and be recorded in the minutes of the meeting. The member must leave the room while the matter is being considered and may return only after consideration of the matter and all votes on the matter. Where a community member has an interest or a Conflict of Interest (as defined in the Local Government Act) in relation to a matter in which the committee is concerned, or is likely to be considered or discussed, the community member must disclose the matter to the group before the matter is considered or discussed. Disclosure must include the nature of the relevant interest or conflict of interest and be recorded in the minutes of the meeting. It will be at the discretion of the Chairperson if the community member remains or leaves the room whilst the matter is discussed, and this must also be recorded in the minutes of the meeting. Where a meeting is identified as an Assembly of Councillors, staff must complete a Record of Assembly of Councillors form. Where a Conflict of Interest is identified by a Councillor or staff member at an Assembly of Councillors, the relevant Conflict of Interest form must also be completed. Forms should be forwarded to the Manager – Governance within 5 working days of the meeting. This information will be published at the next available Ordinary Council Meeting.

10. REPORTING

As a minimum, the Committee will be required to report annually to Council on its stated objectives and should reflect the objectives and performance measures of the Committee.

11. ADMINISTRATION SUPPORT

The primary responsible officer for the provision of administrative support will be the Director City Development. Assistance will be provided by other staff as required.

12. CONTACT WITH THE MEDIA

Contact with the Media by members of the Committee will be conducted in accordance with the Councillor and Staff Media Policies.


13. REVIEW DATE

An annual report will be presented to Council in April each year.

At the end of the Committee’s standard two year period a review and report on its operations will be prepared for Council together with a recommendation for either a re-endorsement or disbanding of the Committee.

14. MEALS

The provision of refreshments during the course of a Committee meeting will be provided in accordance with the Meals and Beverages for Council Committees Policy.

144 COUNCIL 24 September 2013

7. PUBLIC QUESTION TIME

Following the completion of business relating to Item 6, City Development, the business before the Council Meeting was deferred to consider questions submitted by the public. Question Time commenced at 7.36pm. The following questions were raised with Council:

Question 1 We really welcome the recommendation regarding 5 Woodvale Road, Boronia. However, this seems to be in stark contrast to past recommendations. What we would like to understand is: what has changed to enable this application to be refused?

Answer The Director - City Development, Mr Angelo Kourambas responded that Council had resolved some months ago to undertake a review of how the structure plan was performing which highlighted some areas for improvement. Mr Kourambas advised that Amendment C95 would strengthen the planning regime in this area.

Question 2 Could the Council inform the residents of Boronia how the new residental (sic) zones, particularly the General Residental Zone and the Residental Growth Zone will apply to the Boronia Structure Plan and Activity Centre. The Council took 7 years to implement the Boronia Structure Plan in participation with the public. In view of this, how does the Council intend to consult with the community sufficiently in such a short period of time - being the 9 months of the 12 month period regarding these new planning zones.

Answer The Director - City Development, Mr Angelo Kourambas responded that it is Council’s intention to translate existing structure plan areas to the new Residential Zones without losing the intent of the current provisions. He noted that the existing height controls that apply to the Boronia Structure Plan area would remain. Mr Kourambas also advised that Council is currently reviewing its entire Housing Strategy which is scheduled to be released for community consultation in the new year.


7. Public Question Time (cont'd)

Question 3 Why is the capital improved value rate in the City of Knox almost double that of a residential property in Toorak. Knox .2279 cents vs Toorak .11911 cents. What is the year on year, rates & charges revenue growth by dollar value, and as a percentage, since 2002.

Answer The Chief Executive Officer, Mr Graeme Emonson responded that in establishing rating levels, each municipality divides the total annual rate income to be raised by the CIV for the whole municipality to arrive at a rate in the dollar. Knox’s total CIV is just under $33 billion whilst Stonnington’s is just over $58 billion. He advised that generally the higher total CIV for Stonnington resulted in a lesser rate in the dollar compared to Knox, noting however that the two are not directly comparable. Mr Emonson advised the questioner that the information in relation to his second question was quite detailed and this would be provided in writing.

Question 4 The 2013 Capital Works Program Delivery Report shows that the Council operates Asset Management Plans for many different categories of assets. Why aren't street tree assets included in these management plans?

Answer The Director - Engineering and Infrastructure, Dr Ian Bell responded that Council has identified street trees as an area that would benefit from an asset management plan and it is intended a plan be prepared. Dr Bell acknowledged the challenges and expense associated with systems to electronically manage this asset and that these matters will be put to the Council for consideration during the development of the plan.

Question Time Concluded at 7.50pm.

146 COUNCIL – ENGINEERING & INFRASTRUCTURE 24 September 2013

ALL WARDS

8.1 ROAD MANAGEMENT RESPONSIBILITIES – INSTRUMENT OF DELEGATION

SUMMARY: Coordinator – Asset Strategy (Andrew Chadder)

This report seeks Council’s endorsement of the revised Instrument of Delegation for Road Management Responsibilities. Specifically, this Instrument of Delegation relates to the Rail Safety Act (2006), the Road Management Act (2004), the Road Management (General) Regulations (2005) and the Road Management (Works and Infrastructure) Regulations (2005).

That Council

RECOMMENDATION

1. approves the attached Instrument of Delegation for Road Management Responsibilities, shown as Appendix A, effective from 24 September 2013; and

2. authorises the Chief Executive Officer to Sign and Seal the Instrument of Delegation for Road Management Responsibilities, shown as Appendix A.

Section 98 of the Local Government Act (1989) empowers Council to delegate any of its powers, duties or functions (with some strategic exceptions) to a member of Council staff.

1. INTRODUCTION

Delegations are used to streamline Council’s administrative processes by avoiding the need for Council to formally decide upon routine matters. Knox City Council has extensive delegations from Council to the Chief Executive Officer, and to other staff in areas such as Planning and Health Services.

Council last approved the Instrument of Delegation relating to Road Management Responsibilities on 28 September 2010. Delegations relate to four separate Acts and Regulations: the Rail Safety Act (2006), the Road Management Act (2004), the Road Management (General) Regulations (2005) and the Road Management (Works and Infrastructure) Regulations (2005)

Section 98(6) of the Local Government Act 1989 requires a Council to review within the period of 12 months after a general election all delegations which are in force and have been made by Council under Section 98(1) of the Act.


8.1 Road Management Responsibilities – Instrument of Delegation (cont’d)

The current Instrument of Delegation has been in place since 28 September 2010 and has operated effectively since that time. Maddocks Lawyers provide Council with a delegation and authorisation service. The proposed Instrument of Delegation for Road Management Responsibilities is consistent with the template provided by the Maddocks service, which is in turn used for all other forms of delegation by Council.

2. DISCUSSION

The current Instrument of Delegation has been reviewed and minor changes to the delegation have been made where delegations have been repealed, where organisation realignments have resulted in different reporting responsibilities and where position titles have changed. Some authorities have been reassigned to officers with responsibilities more aligned to the authority as prescribed within the Act(s), and officers have been nominated where new provisions have come into effect. Any material changes to the delegations (i.e. new clauses and new delegated authorities) have been highlighted in Appendix A.

It is anticipated that this revised instrument will empower Council officers to be more effective in the management of the municipal road network.

The recommended delegations have been prepared in consultation with Maddocks Lawyers to ensure legal accuracy. The proposed Instrument of Delegation in Appendix A reflects the advice received from Maddocks.

3. CONSULTATION

Internal consultation with all officers who currently have a delegated authority, and with those who have been nominated with an authority, has occurred and been considered in the preparation of this draft instrument.

There are no direct environmental/amenity implications associated with the review of the current Instrument of Delegation.


There are no direct financial implications associated with the review of the current Instrument of Delegation.


The Instrument of Delegation will enable Council officers to respond to concerns of community members in a timely manner.



8.1 Road Management Responsibilities – Instrument of Delegation (cont’d)

By adopting Instruments of Delegation, Council is able to streamline routine administrative matters whilst ensuring the highest level of accountability in the process. This assists Council in maintaining accountable and transparent governance practices, which relates to the City Plan objective of ensuring Council is well governed and demonstrates effective leadership (Theme 5: Democratic and Engaged Communities).


The current Instrument of Delegation has been reviewed in accordance with Section 98(6) of the Local Government Act and is being presented to Council for consideration.

8. CONCLUSION

The adoption of the appended Instrument of Delegation will ensure that Council officers can continue to provide effective, efficient and high quality responsive services to the community.


9. CONFIDENTIALITY

COUNCIL RESOLUTION MOVED: CR. LOCKWOOD SECONDED: CR. PEARCE

That Council

1. approves the attached Instrument of Delegation for Road Management Responsibilities, shown as Appendix A, effective from 24 September 2013; and

2. authorises the Chief Executive Officer to Sign and Seal the Instrument of Delegation for Road Management Responsibilities, shown as Appendix A.

CARRIED


S6. Instrument of Delegation – Members of Staff

APPENDIX A

Instrument of Delegation ─ Members of Staff

Knox City Council

Instrument of Delegation for Road Management Responsibilities

to



Instrument of Delegation – Members of Staff



2. declares that:

2.1 this Instrument of Delegation is authorised by a resolution of Council passed on 24 September 2013; and

2.2 the delegation:








(a) policy; or

(b) strategy

adopted by Council; or








THE COMMON SEAL of KNOX CITY COUNCIL was affixed pursuant to an Order of the Council made on the 24th day of September 2013 in the presence of

Mayor ..............................................................................


Councillor ........................................................................



SCHEDULE



INDEX RAIL SAFETY ACT 2006 154 ROAD MANAGEMENT ACT 2004 157 ROAD MANAGEMENT (GENERAL) REGULATIONS 2005 187 ROAD MANAGEMENT (WORKS AND INFRASTRUCTURE) REGULATIONS 2005 192



RAIL SAFETY ACT 2006


PROVISION THING DELEGATED DELEGATE CONDITIONS AND LIMITATIONS

s.33 duty to comply with a direction of the Safety Director under this section

Director - Engineering & Infrastructure

Manager - Operations

where council is a utility under section 3

s.33A duty to comply with a direction of the Safety Director to give effect to arrangements under this section



duty of council as a road authority under the Road Management Act 2004

s.34 duty to comply with a direction of the Safety Director to alter, demolish or take away works carried out contrary to a direction under section 33(1)



where council is a utility under section 3

s.34C(2) function of entering into safety interface agreements with rail infrastructure manager



where council is the relevant road authority

s.34D(1) function of working in conjunction with rail infrastructure manager in determining whether risks to safety need to be managed




s.34D(2) function of receiving written notice of opinion Director - Engineering & Infrastructure








s.34D(4) function of entering into safety interface agreement with infrastructure manager




s.34E(1)(a) duty to identify and assess risks to safety Director - Engineering & Infrastructure



s.34E(1)(b) duty to determine measures to manage any risks identified and assessed having regard to items set out in section 34E(2)(a)-(c)




s.34E(3) duty to seek to enter into a safety interface agreement with rail infrastructure manager




s.34F(1)(a) duty to identify and assess risks to safety, if written notice has been received under section 34D(2)(a)




s.34F(1)(b) duty to determine measures to manage any risks identified and assessed, if written notice has been received under section 34D(2)(a)









s.34F(2) duty to seek to enter into a safety interface agreement with rail infrastructure manager




s.34H power to identify and assess risks to safety as required under sections 34B, 34C, 34D, 34E or 34F in accordance with subsections (a)-(c)




s.34I function of entering into safety interface agreements




s.34J(2) function of receiving notice from Safety Director Director - Engineering & Infrastructure



s.34J(7) duty to comply with a direction of the Safety Director given under section 34J(5)




s.34K(2) duty to maintain a register of items set out in subsections (a)-(b)






ROAD MANAGEMENT ACT 2004



s.11(1) power to declare a road by publishing a notice in the Government Gazette

Director - Corporate Development

Manager - Governance Director - Engineering &

Infrastructure Manager - Sustainable

Infrastructure

obtain consent in circumstances specified in section 11(2)

s.11(8) power to name a road or change the name of a road by publishing notice in Government Gazette


Manager - Governance Coordinator - Property

Management

s.11(9)(b) duty to advise Registrar Director - Corporate Development


Management






s.11(10) duty to inform Secretary to Department of Sustainability and Environment of declaration etc.


Manager - Governance Director - Engineering &


Infrastructure

clause subject to section 11(10A)

s.11(10A) duty to inform Secretary to Department of Sustainability and Environment or nominated person



Management Director - Engineering &


Infrastructure

where council is the coordinating road authority






s.12(2) power to discontinue road or part of a road Director - Corporate Development




Infrastructure

were council is the coordinating road authority

s.12(4) power to publish, and provide copy, notice of proposed discontinuance





Infrastructure

power of coordinating road authority where it is the discontinuing body unless subsection (11) applies






s.12(5) duty to consider written submissions received within 28 days of notice


Manager - Sustainable Infrastructure



Management

duty of coordinating road authority where it is the discontinuing body unless subsection (11) applies

s.12(6) function of hearing a person in support of their written submission





Management

function of coordinating road authority where it is the discontinuing body unless subsection (11) applies

s.12(7) duty to fix day, time and place of meeting under subsection (6) and to give notice



Management

duty of coordinating road authority where it is the discontinuing body unless subsection (11) applies






s.12(10) duty to notify of decision made Director - Corporate Development


Management

duty of coordinating road authority where it is the discontinuing body does not apply where an exemption is specified by the regulations or given by the Minister

s.13(1) power to fix a boundary road by publishing notice in Government Gazette


Manager - Governance Director - City Development

Manager - City Futures

power of coordinating road authority and obtain consent under section 13(3) and section 13(4) as appropriate

s.14(4) function of receiving notice from VicRoads Director - Engineering & Infrastructure

s.14(7) power to appeal against decision of VicRoads Director - Engineering & Infrastructure

s.15(1) power to enter into arrangement with another road authority, utility or a provider of public transport to transfer a road management function of the road authority to the other road authority, utility or provider of public transport







s.15(1A) power to enter into arrangement with a utility to transfer a road management function of the utility to the road authority


s.15(2) duty to include details of arrangement in public roads register



s.16(7) power to enter into an arrangement under section 15


s.16(8) duty to enter details of determination in public roads register



s.17(2) duty to register public road in public roads register




s.17(3) power to decide that a road is reasonably required for general public use









s.17(3) duty to register a road reasonably required for general public use in public roads register




s.17(4) power to decide that a road is no longer reasonably required for general public use




s.17(4) duty to remove road no longer reasonably required for general public use from public roads register




s.18(1) power to designate ancillary area Director - Engineering & Infrastructure


where council is the coordinating road authority, and obtain consent in circumstances specified in section 18(2)

s.18(3) duty to record designation in public roads register









s.19(1) duty to keep register of public roads in respect of which it is the coordinating road authority



s.19(4) duty to specify details of discontinuance in public roads register



s.19(5) duty to ensure public roads register is available for public inspection



s.21 function of replying to request for information or advice


obtain consent in circumstances specified in section 11(2)

s.22(2) function of commenting on proposed direction Director - Engineering & Infrastructure






s.22(4) duty to publish a copy or summary of any direction made under section 22 by the Minister in its annual report.


Manager - Corporate Planning & Performance



s.22(5) duty to give effect to a direction under this section.


s.40(1) duty to inspect, maintain and repair a public road.



s.40(5) power to inspect, maintain and repair a road which is not a public road



s.41(1) power to determine the standard of construction, inspection, maintenance and repair







s.42(1) power to declare a public road as a controlled access road



power of coordinating road authority and Schedule 2 also applies

s.42(2) power to amend or revoke declaration by notice published in Government Gazette



power of coordinating road authority and Schedule 2 also applies

s.42A(3) duty to consult with VicRoads before road is specified



where council is the coordinating road authority if road is a municipal road or part thereof

s.42A(4) power to approve Minister's decision to specify a road as a specified freight road



where council is the coordinating road authority if road is a municipal road or part thereof and where road is to be specified a freight road






s.48EA duty to notify the owner or occupier of land and provider of public transport on which rail infrastructure or rolling stock is located (and any relevant provider of public transport)


Manager - Operations Coordinator - Works Services Coordinator - Parks Services Coordinator - Construction

where council is the responsible road authority, infrastructure manager or works manager

s.48M(3) function of consulting with the Secretary for purposes of developing guidelines under section 48M



s.48N duty to notify the Secretary of the location of the bus stopping point and the action taken by council



s.49 power to develop and publish a road management plan



s.51 power to determine standards by incorporating the standards in a road management plan








s.53(2) power to cause notice to be published in Government Gazette of amendment etc of document in road management plan



s.54(2) duty to give notice of proposal to make a road management plan



s.54(5) duty to conduct a review of road management plan at prescribed intervals



s.54(6) power to amend road management plan Director - Engineering & Infrastructure


s.54(7) duty to incorporate the amendments into the road management plan








s.55(1) duty to cause notice of road management plan to be published in Government Gazette and newspaper



s.63(1) power to consent to conduct of works on road Director - Engineering & Infrastructure

Manager - Community Infrastructure



s.63(2)(e) power to conduct or to authorise the conduct of works in, on, under or over a road in an emergency




where council is the infrastructure manager






s.64(1) duty to comply with clause 13 of Schedule 7 Director - Engineering & Infrastructure


Coordinator - Project Delivery Director - City Development Manager - City Safety and

Health Coordinator - Local Laws Team Leader - Parking

Services Team Leader - Asset

Preservation Local Laws Officers

where council is the infrastructure manager or works manager






s.66(1) power to consent to structure etc Director - Engineering & Infrastructure












s.67(2) function of receiving the name & address of the person responsible for distributing the sign or bill













s.67(3) power to request information Director - Engineering & Infrastructure












s.68(2) power to request information Director - Engineering & Infrastructure







s.71(3) power to appoint an authorised officer Chief Executive Officer

s.72 duty to issue an identity card to each authorised officer


Manager - Governance Coordinator - Governance






s.85 function of receiving report from authorised officer



s.86 duty to keep register re section 85 matters Director - Corporate Development

Manager - Governance Coordinator - Governance

s.87(1) function of receiving complaints Director - Engineering & Infrastructure

s.87(2) duty to investigate complaint and provide report Relevant Director

s.112(2) power to recover damages in court Director - Engineering & Infrastructure







s.116 power to cause or carry out inspection Director - Engineering & Infrastructure


Coordinator - Project Delivery Team Leader - Asset

Preservation

s.119(2) function of consulting with VicRoads Director - Engineering & Infrastructure

Manager - Operations Manager - Community


Infrastructure

s.120(1) power to exercise road management functions on an arterial road (with the consent of VicRoads)



Infrastructure Coordinator - Works Services Coordinator - Parks Services Coordinator - Construction






s.120(2) duty to seek consent of VicRoads to exercise road management functions before exercising power in section 120(1)




s.121(1) power to enter into an agreement in respect of works




Infrastructure

s.122(1) power to charge and recover fees Director - Engineering & Infrastructure


s.123(1) power to charge for any service Director - Engineering & Infrastructure







Schedule 2 Clause 2(1)

power to make a decision in respect of controlled access roads






duty to make policy about controlled access roads




power to amend, revoke or substitute policy about controlled access roads



Schedule 2 Clause 4

function of receiving details of proposal from VicRoads








Schedule 2 Clause 5

duty to publish notice of declaration Director - Engineering & Infrastructure


Schedule 7, Clause 7(1)

duty to give notice to relevant coordinating road authority of proposed installation of non-road infrastructure or related works on a road reserve




Infrastructure



duty to give notice to any other infrastructure manager or works manager responsible for any non-road infrastructure in the area, that could be affected by any proposed installation of infrastructure or related works on a road or road reserve of any road




Infrastructure








duty to comply with request for information from a coordinating road authority, an infrastructure manager or a works manager responsible for existing or proposed infrastructure in relation to the location of any non-road infrastructure and technical advice or assistance in conduct of works




Infrastructure

where council is the infrastructure manager or works manager responsible for non-road infrastructure


duty to give information to another infrastructure manager or works manager where becomes aware any infrastructure or works are not in the location shown on records, appear to be in an unsafe condition or appear to need maintenance




Infrastructure



where Schedule 7 Clause 10(1) applies, duty to, where possible, conduct appropriate consultation with persons likely to be significantly affected




Infrastructure








power to direct infrastructure manager or works manager to conduct reinstatement works





power to take measures to ensure reinstatement works are completed





duty to ensure that works are conducted by an appropriately qualified person

Director - Engineering & Infrastructure Manager - Community Infrastructure



power to recover costs Director - Engineering & Infrastructure Manager - Community Infrastructure



duty to notify relevant coordinating road authority within 7 days that works have been completed, subject to Schedule 7, Clause 13(2)


where council is the works manager







power to vary notice period Director - Engineering & Infrastructure Manager - Community Infrastructure



duty to ensure works manager has complied with obligation to give notice under Schedule 7, Clause 13(1)


where council is the infrastructure manager


power to consent to proposed works Director - Engineering & Infrastructure


Manager - Operations Manager - Sustainable

Infrastructure



duty to consult Director - Engineering & Infrastructure



Infrastructure

where council is the coordinating road authority, responsible authority or infrastructure manager







power to consent to proposed works Director - Engineering & Infrastructure



Infrastructure



power to set reasonable conditions on consent Director - Engineering & Infrastructure



Infrastructure



power to include consents and conditions Director - Engineering & Infrastructure



Infrastructure








power to refuse to give consent and duty to give reasons for refusal




Infrastructure



power to enter into an agreement Director - Engineering & Infrastructure Manager - Community Infrastructure Manager - Sustainable Infrastructure



power to give notice requiring rectification of works




Schedule 7 Clause 19(2) & (3)

power to conduct the rectification works or engage a person to conduct the rectification works and power to recover costs incurred










power to require removal, relocation, replacement or upgrade of existing non-road infrastructure





Schedule 7A Clause 2

power to cause street lights to be installed on roads



power of responsible road authority where it is the coordinating road authority or responsible road authority in respect of the road

Schedule 7A Clause 3(1)(d)

duty to pay installation and operation costs of street lighting - where road is not an arterial road



where council is the responsible road authority

Schedule 7A Clause 3(1)(e)

duty to pay installation and operation costs of street lighting – where road is a service road on an arterial road and adjacent areas









Schedule 7A Clause (3)(1)(f),

duty to pay installation and percentage of operation costs of street lighting – for arterial roads in accordance with clauses 3(2) and 4



duty of council as responsible road authority that installed the light (re: installation costs) and where council is relevant municipal council (re: operating costs)



ROAD MANAGEMENT (GENERAL) REGULATIONS 2005



r.301(1) duty to conduct reviews of road management plan



r.302(2) duty to give notice of review of road management plan



r.302(5) duty to produce written report of review of road management plan and make report available



r.303 duty to give notice of amendment which relates to standard of construction, inspection, maintenance or repair under section 41 of the Act



r.306(2) duty to record on road management plan the substance and date of effect of amendment








r.501(1) power to issue permit Director - Engineering & Infrastructure



r.501(4) power to charge fee for issuing permit under regulation 501(1)




r.503(1) power to give written consent to person to drive on road a vehicle which is likely to cause damage to road









r.508(3) power to make submission to Tribunal Director - Engineering & Infrastructure



Manager - Operations Director - City Development Manager - City Safety and


Services







r.509(1) power to remove objects, refuse, rubbish or other material deposited or left on road



Infrastructure Coordinator - Project Delivery

Team Leader - Asset Preservation

Director - City Development Manager - City Safety and


Services Local Laws Officers







r.509(2) power to sell or destroy things removed from road or part of road (after first complying with regulation 509(3)


Manager - Operations Director - Corporate

Development Manager - Governance

Director - City Development Manager - City Safety and

Health Coordinator - Local Laws


r.509(4) power to recover in the Magistrates' Court, expenses from person responsible


Manager - Operations Director - City Development Manager - City Safety and

Health Coordinator - Local Laws



ROAD MANAGEMENT (WORKS AND INFRASTRUCTURE) REGULATIONS 2005



r.10 power to exempt a person from requirement under clause 13(1) of Schedule 7 to the Act to give notice as to the completion of those works



where council is the coordinating road authority and where consent given under section 63(1) of the Act

r.18(2) power to waive whole or part of fee in certain circumstances





ALL WARDS

8.2 CONTRACT NO. 2002 – 2013/14 ROAD PAVEMENT RESURFACING PROGRAM

SUMMARY: Coordinator - Construction (Matt Balderston)

This report considers tender submissions from contractors for the 2013/2014 Road Pavement Resurfacing Program and recommends an appropriate contractor to perform the contract.

That Council

RECOMMENDATION

1. accept the tender submitted by R.A.B.S. Paving Services Pty Ltd for the Lump Sum Price of $1,246,481.48 ($1,371,129.62 including GST) together with submitted Schedule of Rates (see Confidential Report – Appendix C) for Contract No. 2002 - 2013/14 Road Pavement Resurfacing Program;

2. authorise the Chief Executive Officer to formalise the contract documentation to sign and seal the contracts; and

3. advise the successful tenderer and other tenderers accordingly.

This contract is for the provision of road pavement resurfacing of the Knox City Council local road network for financial year 2013/14. Council’s road pavement survey has identified a number of roads that require resurfacing to improve their condition and prevent further deterioration.

1. INTRODUCTION

Road asset management can be categorised in three areas; routine maintenance, rehabilitation and reconstruction. Rehabilitation maintenance involves preserving the asset using a thin layer of asphalt to restore texture and ride quality, protect the surface against the entry of moisture, and preserve the structural integrity of the sub pavement layers.

Council has identified 76 streets for this financial year varying in length that need treatment to preserve the road pavement. This contract is for a period from 14 October 2013 until 25 April 2013 or by the completion of the resurfacing program.

2.1 Proposed Works

2. DISCUSSION

The following components form this contract:

· Traffic Management Control · Asphalt profiling · Asphalt patching


8.2 Contract No. 2002 - 2013/14 Road Pavement Resurfacing Program (cont’d)

· Asphalt resurfacing · Site clean up · Line Marking

Preparation works such as kerb and channel reinstatement, crack sealing and weed spraying will be undertaken separately by other contractors with the necessary traffic management control provided. These do not form part of this contract.

2.2 Tenders Received

The contract was advertised in “The Age” newspaper on Saturday 3 and 10 of August 2013 and tenders closed on 27 August 2013. It is a Lump Sum contract with provision for additional resurfacing and patching works using the Schedule of Rates dependent upon the balance of funds available which form part of the Contract.

In accordance with Council’s Contract Administration Procedures, tenderers were ranked by price in apparent order only assessing the Lump Sum amount:

Tenderer

1. R.A.B.S. Paving Services Pty Ltd 2. Bitu-Mil (Road Maintenance) Pty Ltd 3. Fulton Hogan Industries Pty Ltd 4. Downer EDI Works 5. R & C Asphalt Paving Pty Ltd

2.3 Pre-Evaluation Checks

It has been assessed that all tenderers had conforming tender submissions in accordance with the advertised Tender Conditions.

2.4 Tender Evaluation

The evaluation criteria as listed in Schedule 1 of the Conditions of Tender of the tender documentation are:

· Lump Sum Price · Relevant Experience (capability to perform the work), · Quality Achieved previously, · Performance Record on similar projects, · Safety and Risk Management Plan,


8.2 Contract No. 2002 – 2013/14 Road Pavement Resurfacing Program (cont’d)

The Tender Evaluation Panel comprised of the following members:

· Kai Yap, Executive Engineer - Operations · Matt Balderston, Coordinator – Construction · Deran Mehmet, Project Delivery Officer – Construction

As part of the evaluation process, the panel has reviewed all tenderers risk and safety management plans, and assessed their Health & Safety Questionnaires submitted with requested information.

The following summary is the result of the tender evaluation.

Order Tenderer

1. R.A.B.S. Paving Services Pty Ltd 2. Bitu-Mil (Road Maintenance) Pty LTD 3. Fulton Hogan Industries Pty Ltd 4. Downer EDI Works 5. R & C Asphalt Paving Pty Ltd

Details of the evaluation are provided in the attached confidential summary.

R.A.B.S Paving Services Pty Ltd is the recommended tenderer with the highest score in the evaluation. R.A.B.S Paving Services Pty Ltd was incorporated in July 2010. Previously R.A.B.S Paving Services Pty Ltd traded as R.A.B.S Sweeping Services Pty Ltd under BRAASH Pty Ltd. BRAASH Pty Ltd Trading as R.A.B.S Sweeping Services began operating in December 2003 where they operated as a provider of road sweeping services to the profiling and asphalt industry on various road and construction projects in and around Melbourne. Since July 2010 they have carried out road profiling and asphalt laying works for various subcontractors in the asphalt industry including City wide, Bitu-Mill, John Holland and various Melbourne metropolitan councils including the completion of Knox Council’s 10/11, 11/12 and 12/13 Road Pavement Resurfacing Programs. All Knox programs were successfully completed on time, without incident and with a high quality end product achieved. The company’s senior management have over 30 years experience in the asphalt industry with a proven quality and safety record and have a good customer service focus.

Prior to any works being undertaken, residents will be advised in writing a minimum 48 hours prior to any work occurring in their street by the contractor. In some streets the Council will be using Visual Message Sign boards that display information to drivers passing through the area.

3. CONSULTATION



All emergency services and bus operators will be notified of the resurfacing works by the Contractor, and these services will be maintained during resurfacing works.

These works are to be conducted in accordance with the Australian Asphalt Pavement Association, Standards Australia and Austroads guidelines for road maintenance.


Any surplus material from these works will be disposed of at a licence disposal centre for recycling by the Contractor.

Council has allowed in its 2013/14 Capital Works Program a budget of $2,500,000.00 for the Road Resurfacing Program. This budget includes the resurfacing of the roads programmed and all preparation works listed below separate to this contract:


· Kerb and Channel replacement · Crack Sealing, Weed Spraying (front of kerb) · Major Patching · Traffic Management Control · Contractor Supervision

The project costs and funding is summarised as follows:

Description Project Cost Contract Lump Sum Price $1,246,481.48 Kerb and Channel Replacement $380,018.52 Crack Sealing Works $150,000.00 Project Management $150,000.00 Contractor Supervisor $60,000.00 Advertising (The Age) $1,500.00 Company Research (VEDA) $2,000.00 Weed Spraying $10,000.00 Major Patching (various sites) $500,000.00 High Risk Local Road Failures $250,000.00 Miscellaneous Industrial Road Failures $250,000.00 Estimated Cost of the Project $3,000,000.00



The funding sources available are from Capital Works program – Asset Renewal – Road Surface Budget Allocation (A/C No. R6000) $3,000,000.

The total available funding adequately meets the contract sum of the preferred tenderer, plus associated costs, if the works are awarded under the terms of Contract No. 2002.

The rehabilitation program will enable Council to provide improved road network conditions which will benefits residents and the broader community.


This item has relevance to the Council Plan under the theme of Vibrant and Sustainable Built and Natural Environments, specifically that “Public infrastructure and open space is maintained and improved to support a vibrant community life in Knox.”


A key objective of this program is to preserve and enhance Council’s road based infrastructure. Through the timely renewal of the road surface and associated infrastructure, the pavement (base and sub-base materials) will be preserved, optimising the life of the road.

The preferred tenderer for the 2013/14 Road Pavement Resurfacing Program, is R.A.B.S. Paving Services Pty Ltd for a Lump Sum Price of $1,246,481.48 ($1,371,129.62 including GST) and the submitted Schedule of Rates (see Confidential Report – Appendix C).

8. CONCLUSION

The company has sufficient resources and is available to undertake this contract within the constraints of time, quality and cost as detailed in the Contract documentation.

A confidential summary providing details of tender evaluation for the road pavement resurfacing program for 2013/2014, together with the capacity to undertake this contract, is attached to this report.

9. CONFIDENTIALITY



COUNCIL RESOLUTION MOVED: CR. LOCKWOOD SECONDED: CR. COSSARI

That Council

1. accept the tender submitted by R.A.B.S. Paving Services Pty Ltd for the Lump Sum Price of $1,246,481.48 ($1,371,129.62 including GST) together with submitted Schedule of Rates (see Confidential Report – Appendix C) for Contract No. 2002 - 2013/14 Road Pavement Resurfacing Program;

2. authorise the Chief Executive Officer to formalise the contract documentation to sign and seal the contracts; and

3. advise the successful tenderer and other tenderers accordingly. CARRIED

199 COUNCIL – COMMUNITY SERVICES 24 September 2013

PURSUANT TO SECTION 79 OF THE LOCAL GOVERNMENT ACT 1989 (THE ACT), COUNCILLOR MORTIMORE DECLARED AN INDIRECT INTEREST PURSUANT TO SECTION 78D OF THE ACT IN ITEM 9.1 ON THE GROUNDS THAT HE HOLDS OFFICE IN AN ASSOCIATION, THE BASIN MUSIC FESTIVAL ASSOCIATION INC., WHICH IS A PROPOSED BENEFICIARY FROM THIS ITEM. COUNCILLOR MORTIMORE VACATED THE CHAMBER AT 7.51PM PRIOR TO DISCUSSION ON ITEM 9.1

ALL WARDS

9.1 2013-14 COMMUNITY DEVELOPMENT FUND EVALUATION PANEL RECOMMENDATIONS

SUMMARY: Community Resourcing Officer (Tracy Vervoort)

This report presents the recommendations of the 2013-14 Community Development Fund (CDF) Evaluation Panel for Council grant allocations to community groups within Knox for 2013-14.

That Council

RECOMMENDATION

1. Adopt the recommendations of the 2013-14 Community Development Fund Evaluation Panel regarding the allocation of 2013-14 grants as provided in Appendix A of this report;

2. Adopt the recommendations of the 2013-14 Community Development Fund Evaluation Panel that unexpended 2013-14 CDF funds totalling $38,835.27 be redistributed to Council’s Recreation Minor Capital Works ($28,835.27), Knox Arts & Cultural ($5,000.00) and Individual Sporting ($5,000.00) Grants programs for allocation within 2013-14; and

3. Approve the proposed grant celebration evening function to be conducted on Thursday, 31 October 2013.

The Community Development Fund (CDF) is a Council funded grants program established in 1999. It provides project-specific grants to locally focused, not-for-profit organisations involving and supporting Knox community members. The CDF program is administered in accordance with the Knox CDF Policy and CDF Evaluation Panel Terms of Reference.

1. INTRODUCTION

Funding applications of up to $20,000 are considered for projects that support progress towards the Knox City Plan 2013-17, particularly in relation to the nine desired community outcomes identified in the Knox Community Health and Wellbeing Strategy 2009-2013:


9.1 2013-14 Community Development Fund Evaluation Panel Recommendations (cont’d)

Healthy living Housing choice Strong family & community

Work fulfilment Economic capacity Culture & leisure opportunities

Safe community Education & lifelong learning

Mobile & accessible community

The allocation of CDF grants aims to encourage and support one-off or short term projects, as well as offer support to established community events that have been held annually for over 3 years. The grants program does not fund capital works (e.g. structural building improvements), projects which are primarily fundraising events, projects that are supported by other Council grant programs (e.g. arts and sporting development), and activities that are clearly the responsibility of another level of government.

Applications received through the CDF grants process provide an indication of the needs, aspirations and interests of a diverse range of community organisations in Knox.

1.1 2013-14 CDF applications

The 2013-14 CDF grant applications reflected a community focus on themes such as arts & cultural activities, community connectedness, leisure and recreation and personal health and wellbeing.

A total of $249,291 was available to allocate to successful applications in the 2013-14 assessment process. This comprises of:

· $238,420 2013-14 budget allocation for CDF grants;

· $5,686 2012-13 uncommitted Ward Contingency funds*; and

· $5,185 Carry forward from 2012-13 CDF budget**.

*The Ward Contingency Funds Policy states: “On an annual basis, any unallocated funds from the Ward Contingency Fund will be carried forward and allocated to Council’s Community Development Fund in the following financial year”.

**This amount comprises unspent funds returned by grant recipients, and an unallocated amount of $49.78.

2.1 Program Rationale

2. DISCUSSION

The CDF grants contribute to a broader community strengthening program that also includes annual operational funding to a range of key community agencies providing valued services in Knox.



The CDF is an effective way for Council to engage with a cross section of community organisations and to encourage and support local activities that enhance life for people in Knox.

2.2 Application and Assessment Process

Promotion of the 2013-2014 CDF program began in April 2013 and included a mail out of information flyers to over 800 not-for-profit organisations registered with the Community Strengthening Team, posters distributed to at least 30 public locations, high visibility on Council’s website, regular mention on Council’s Twitter and Facebook, and regular advertisement in the ‘Your Knox Weekly’ section of the local papers. Officers also liaised with potential applicants through an expression of interest process and held a series of daytime and evening information sessions for community not-for-profit organisations at the Knox Civic Centre.

In response to recommendations from the CDF Evaluation Panel, the submission period was shortened by two weeks and brought forward to start in late May 2013 rather than early June. The six week submission period opened on 27 May and closed at 5pm on 5 July 2013.

The 2013-14 CDF program received only 48 applications for funding. This is significantly lower than the previous two years; 86 applications were received in 2012-13 and 82 applications in 2011-12.

An investigation into the reason for the decline in application numbers will be carried out during September/October 2013 and the results will be discussed by the CDF Evaluation Panel at their reflection and review meeting in November 2013.

A total of 48 applications were received, of which 42 applications were eligible for assessment. Additional detail on the applicants is available in Appendices A and B. The total amount requested, ($244,436.53), by the 42 eligible applicants was $5,114.27 less than the total amount available for allocation.

Assessment of the grant applications was conducted by the 2013-2014 CDF Evaluation Panel, (the ‘Panel’), comprising Councillor Karin Orpen, community representatives Amanda Steele and Colin Fletcher and staff representatives Mandy Roche, Coordinator Community Strengthening and Tracy Vervoort, Community Resourcing Officer.

As outlined in the CDF Panel Terms of Reference, Panel members are required to declare any conflict of interest in specific projects and where an interest is declared, Panel members do not score or vote on those projects or participate in discussions on recommendations for those specific projects.

The assessment process included: 1. An initial review by Council Officers regarding eligibility and the clarity

and provision of all required information;



2. Registered mail letters and emails – these were sent to applicants identified in the Council Officers initial review. The intent of the letters is to request clarification regarding information supplied to assist the Panel with their assessments. The information requested was to be provided within ten days;

3. Consultation with relevant Council Officers to confirm and/or clarify any matters regarding particular programs or strategies addressed by specific projects and their link to Council plans, and to gauge groups’ level of liaison with relevant Council teams;

4. Individual assessment and scoring of applications by each of the Panel members against the criteria reflected in the CDF guidelines (provided to all applicants and Panel members). For details of the criteria see Appendix C;

5. Preliminary ranking of all eligible projects by the median score from the Panel as a starting point for Panel discussion and deliberation; and

6. Review of all applications by the Panel at two meetings held on 19 and 22 August 2013, at which the proposed funding allocations for each project were discussed and determined.

The final recommendations of the Panel took into account the merit of each project as conveyed in the application submitted and in relation to the program criteria. The Panel also considered the capacity of organisations to undertake proposed projects and whether alternative resourcing options might be available.

2.3 Evaluation Panel Recommendations

The Panel recommends that Council allocate the $249,291 available for CDF grants as follows:

· $210,715.53 be allocated across 37 of the 42 eligible application CDF grants.

As the CDF allocation was lower than for previous years the Panel has also recommended that $38,835.27 of the CDF 2012/13 be reallocated as follows:

· $28,835.27 be allocated to the 2013-14 Recreation Minor Capital Grants budget;

· $5,000 be allocated to the 2013-14 Arts & Cultural Grants budget; and

· $5,000 be allocated to 2013-14 Individual Sports Grants budget.

A table listing the recommended projects with both the amount requested and the grant amount recommended is attached in Appendix A.



Based on both the initial ranking process and subsequent discussion at Panel meetings, five projects have not been recommended for funding. The Panel’s recommendations took into account the level of clarity in demonstrating need and conveying project objectives, the extent to which projects could be funded or supported through other avenues and the extent of benefit to Knox residents.

A table listing the projects not recommended for funding with the amount requested is attached in Appendix B.

2.3.1 Variations to amount requested

During the assessment process it was identified that two of the applicants’ had also made applications for supplementary funding from Council’s Ward Contingency Fund Program for projects nominated within their eligible 2013-14 CDF applications. Clause 6.2 of the Ward Contingency Fund policy states:

“Allocations from Ward Contingency Funds shall be for the purposes of meeting requests for incidental funding on a Ward basis which are not eligible for funding under the Community Development Fund or other Council program(s) or funding arrangement(s).”

Given this, the Chair of the Panel consulted with CEO Graeme Emonson, and agreed the appropriate action was to suspend the WCF payments of the two organisations pending the outcome of this report. The Panel recommends Council provide the two groups the total amount of funding requested (both through the WCF and through CDF) via a CDF grant. This will ensure the groups are not financially disadvantaged.

Nine applicants are recommended to receive a lesser amount than requested. In these cases, recommendations were based on the assessment of relative need and where modified project outcomes were still achievable.

2.3.2 Allocation to other Council grant programs

To expend all funds within the 2013-14 CDF budget the Panel recommends the remaining amount of $38,835.27 be distributed amongst Council’s grant programs that are available to community as follows:

· $5,000 to the Individual Sporting Grants – This program provides funding assistance to sports persons who are Knox residents and who are selected to represent either Victoria or Australia in their chosen sporting endeavour. The Chief Executive Officer (or delegate) considers, allocates and administers any grants in accordance with the Individual Sporting Grants Policy.



· $5,000 to the Knox Arts and Cultural Grants – This program supports the development of the local arts sector by supporting skills development and providing support for local artists or local arts organisations to present, perform, attend or represent the city, at a recognised cultural forum. The funding approval is at the Manager – Youth Leisure and Cultural Services discretion in accordance with the Knox Arts and Cultural Grants Policy.

· $28,835.27 to the Recreation Minor Capital Works grants – The scheme provides the opportunity for community recreation groups and sporting organisations to obtain funding to assist with minor capital works, facility improvements and / or the provision of defibrillators within council facilities. Applications are assessed by Council’s Recreation Minor Capital Works Committee comprising two Councillors who are appointed during the ‘Mayoral’ year.

The aim of the CDF is to develop, enhance and support the involvement of community groups in activities and projects which respond to identified needs in the Knox community. The promotion process for the CDF included the mail out of information flyers to over 800 not-for-profit organisations registered with Council, posters were distributed to at least 30 public locations, a high visibility on Council’s website, regular mention on Council’s Twitter and Facebook, and regular advertisement in the Knox weekly.

3. CONSULTATION

Three information sessions were held between May and June 2013. The sessions were conducted by Council’s Community Resourcing Officer. These covered the purpose of the CDF program, the application process and general discussion regarding proposed projects. Sixty-nine people attended the information sessions and a number of other organisations sought individual meetings with Council Officers.

The CDF Evaluation Panel effectively involves consultation and collaboration between Councillors, community representatives and Council staff to bring a range of perspectives and skills to the application assessment process.

There are no environmental/amenity issues associated with this report.




There is a total amount of $249,291 available for allocation from the 2013-14 CDF fund. This comprises:


· Council’s 2013-14 budget allocation of $238,420 for the Community Development Fund;

· $5,686 carried forward from 2012-13 Ward Contingency Funds; and

· $5,185 carried forward from the 2012-13 CDF budget.

The Panel recommends the full amount available be expended as follows:

· $210,715.53 be allocated to the 37 recommended CDF grants;

· $28,835.27 be allocated to the Recreation Minor Capital Grants budget;

· $5,000 be allocated to the Arts & Cultural Grants budget; and

· $5,000 be allocated to Individual Sports Grants budget.

The CDF grant program facilitates engagement between Council and a diverse range of community groups, strengthening existing relationships, broadening understanding and initiating new collaborations. It also enables the delivery of projects/programs to deliver on the Knox City Plan the Council Plan and the Knox Community Health and Wellbeing Strategy.


Grants offered through the CDF compliment the information and training support provided through the Knox Community Skills Program. Both programs contribute to the broader objective of building the capacity of local groups to be self-sustaining and viable.

The projects recommended will benefit and engage a wide cross-section of the Knox community and provide opportunities for many community service organisations and residents, both as service providers and participants, to enhance community wellbeing.

The CDF grants program contributes to the City Plan 2013-17 themes of ‘Healthy, Connected Communities’ and ‘Culturally Rich and Active Communities’.


The program also aligns to the Knox Community Health and Wellbeing Strategy 2009-2013 (the Strategy).



CDF projects recommended for 2012-2013 funding will assist Council and community to deliver objectives under a number of Council strategic plans including the:

· Access & Inclusion Plan 2011-2015;

· Healthy Ageing Strategic Plan 2009-2013;

· Municipal Early Years Plan 2011-2015;

· Knox Youth Plan 2013-2017;

· Knox Arts and Cultural Plan 2012-22; and

· Recreation Plan 2004-2013.

Applicants to the 2013-2014 Community Development Fund were requested to identify the most relevant health and wellbeing area their project related to.

The CDF is an important resource to assist Council’s role in building and supporting local community capacity and enhancing quality of life. It is a tangible means of acknowledging and supporting local organisations with their ideas, activities and services that benefit Knox residents.

8. CONCLUSION

The projects recommended for funding in 2013-2014 represent a range of activities in Knox, and will support a diverse cross-section of the Knox community.

They include projects that reflect specific, local priorities of community organisations operating in Knox as well as projects with broader relevance across the municipality. The funding of projects through the grants program is a clear reflection of Council’s partnership objectives with the community and provides an opportunity to respond to specific needs.

Successful and unsuccessful applicants will be notified promptly, subject to Council’s resolution, and the accountability procedures for new grants will be established.

Successful applicants are required to sign project specific service agreements and will be committed to the provision of relevant project reporting and acquittal forms.

Unsuccessful applicants will be offered feedback on their applications and be given an opportunity to discuss options for alternative funding that may be available locally or from other levels of government.



It is proposed that Council host a function in the early evening of Thursday, 31 October 2013, for the presentation of certificates and cheques to the successful applicants, and that the Councillor representatives on the Panel present the certificates. Invitations will be sent to successful applicants, Councillors, Executive Management and relevant Council Officers.

The CDF Evaluation Panel will meet on 18 November 2013 for its annual reflection meeting at which it will evaluate the ongoing implementation of the CDF and recommend any appropriate changes in policy and procedure to Council.


9. CONFIDENTIALITY

COUNCIL RESOLUTION MOVED: CR. GILL SECONDED: CR. SEYMOUR

That Council

1. Adopt the recommendations of the 2013-14 Community Development Fund Evaluation Panel regarding the allocation of 2013-14 grants as provided in Appendix A of this report;

2. Adopt the recommendations of the 2013-14 Community Development Fund Evaluation Panel that unexpended 2013-14 CDF funds totalling $38,835.27 be redistributed to Council’s Recreation Minor Capital Works ($28,835.27), Knox Arts & Cultural ($5,000.00) and Individual Sporting ($5,000.00) Grants programs for allocation within 2013-14; and

3. Approve the proposed grant celebration evening function to be conducted on Thursday, 31 October 2013.

CARRIED


APPENDIX A – 2013-14 COMMUNITY DEVELOPMENT FUND EVALUATION PANEL RECOMMENDATIONS Projects recommended for funding through 2013-14 Community Development Fund

Organisation Name Project Name Project Description Amount Requested

Amount Recommended

Alice Johnson Pre-School Inc.

Alice Johnson Pre-School Community Display

Purchase of a camera, memory card, educational posters and Krommenie Cork to allow for learning development and reflection.

$2,733.80 $2,733.80

Anchor Inc The Eastern Kinship Carer Network

Providing volunteer Kinship Carers with opportunities they are not in a position to afford due to their changed life circumstances.

$19,220.60 $19,220.60

Bayswater Community Festival Steering Committee

Bayswater Community Festival 2014

The event provides a variety of activities, stalls and performances catering for different cultures, backgrounds, ages and abilities during Social Inclusion Week. *includes Ward Contingency Fund application as per 2.3.1 of this report

$5,000.00 $7,000.00*

Bengali Association of Victoria

Birthday Celebration of Nobel Laureate poet Tagore

A cultural festival to celebrate Noble Laureate Rabindranath Tagore’s outstanding achievements in Bengali literature, humanity, world peace and brotherhood.

$5,000.00 $3,000.00

Boys Brigade : 33rd Vic Boronia

Formation of a Bugle and Drums Marching Band

To purchase musical instrument to start a Bugle and Drums Marching Band.

$4,573.01 $4,573.01



Amount Recommended

Caribbean Speed Club Inc

CSC Automated Electronic Timing Equipment

To purchase automated timing equipment that can be used indoors and outdoors in the growing sport of inline speed skating.

$13,126.00 $13,126.00

Coonara Community House

Learning to Eat Again A participant-led program to address food intolerance, food allergies and autoimmune disorders at a local community level.

$9,496.00 $5,000.00

Ferntree Gully Arts Society Inc

The Hut Gallery Foyer Upgrade

To create a professional & welcoming atmosphere for visitors by upgrading equipment in the foyer area.

$1,508.80 $1,508.80

Interchange Outer East Connecting Community Conference

A conference with a variety of high quality speakers to present on topics effecting the community.

$5,000.00 $5,000.00

Interchange Outer East Sports Week 2014 Providing children, youth and young adults with disabilities the opportunity to try new sports and connect with local clubs.

$2,000.00 $2,000.00

Knox BMX Club Bike and Safety Equipment

Providing bikes and safety equipment to allow a variety of ages to participate in "come and try" days.

$3,820.00 $3,820.00



Amount Recommended

Knox BMX Club First Aid Supplies To ensure the safety of all with the aid of a Defibulator scoop stretcher and collars.

$4,460.00 $4,460.00

Knox CFA Group of Fire Brigades

Automatic Defibrillators for Knox CFA Vehicles

Provide four Automatic Defibrillators for use within the Knox CFA Group of Fire Brigades.

$10,000.00 $10,000.00

Knox Historical Society Inc.

Portable Displays for Knox Festivals & Libraries

Rework and upgrade displays for mobile displays. $2,000.00 $2,000.00

Life Activities Club Knox

Purchase of laptop and multi function printer

Purchase of a laptop computer and multi function printer. $1,998.00 $1,998.00

LifeWorks Relationship Counselling and Education Services

SEA CHANGE: Anger Management for Women Program

To deliver two cycles of the psycho-educational program, 'SEA Change, Anger Management for Women' in 2014 from the Bayswater branch.

$2,000.00 $2,000.00

Mountain District Learning Centre

Volunteering in Ferntree Gully

To plan for and hold a volunteer expo in Ferntree Gully. $2,000.00 $1,690.00



Amount Recommended


FTG Village Discovery Day 2014

The fourth annual Ferntree Gully Village Discovery Day will showcase local community organisations.

$5,000.00 $3,750.00


FTG Community Artisan Market

Develop a regular Artisan Market to be held in the FTG Village to showcase the work of individual artists and improve the economic opportunities for local traders by bringing the wider community into the Village.

$5,180.00 $5,180.00

Multicultural Harmony Festival

Second Multicultural Harmony Festival in Knox

A two day festival providing entertainment through dance, music and singing along with food stalls of various national culinary delights.

$8,300.00 $8,300.00

Orana Neighbourhood House Inc

Social Connection through Multicultural Food

Provide low cost cooking courses, community luncheons and talks to enhance knowledge about multicultural food production and preparation.

$1,964.00 $1,964.00

Rotary Club of Bayswater Inc

The 40th Annual Art Exhibition - 2014

The 40th Knox Art Exhibition provides over 150 artists the opportunity to exhibit their works to the Knox community.

$5,000.00 $4,000.00

Rotary Club Of Rowville-Lysterfield

Cyber Safety & Security Forum

Raising awareness of the risks & benefits associated with social media & the world wide web to the greater Knox Community.

$4,000.00 $4,000.00



Amount Recommended

Rowville Uniting Church

Rowville Uniting Church Computers

The purchase of a lap top computer. $3,254.98 $3,254.98

Scoresby Football & Social Club Inc

Live & Play in Place – a Scoresby FC initiative

To establish an outreach social hub for Scoresby senior citizens at the Scoresby Recreation Reserve Pavilion.

$13,087.97 $13,087.97

Shakti Migrant & Refugee Women's Support Group Melbourne Inc.

Ethnic Women Lifeskills & Youth FV Prevention

To develop and implement a lifeskills programme for migrant and refugee women of Asian, African and Middle Eastern cultural backgrounds as well as a youth-oriented stream of activities that promote family violence awareness amongst young people.

$18,000.00 $15,000.00

Southern Cross Kids' Camps

Empowering Abused & Neglected Children to Overcome

To purchase a photo printer and materials to create special memory albums for abused and neglected children.

$1,994.87 $1,994.87

SPANeast inc. Introducing SPANeast Raise community awareness of SPANeast (Suicide Prevention Awareness Network), and community awareness of suicide in a way that is uplifting, inclusive and resourceful.

$3,043.50 $3,043.50

Studfield Wantirna Community News Inc

Expanding the Borders at SWCN

The expansion of the paper's catchment into the suburbs of Wantirna South, Scoresby and Knoxfield. *includes Ward Contingency Fund application as per 2.3.1 of this report

$4,340.00 $7,340.00*



Amount Recommended

The Anglican Parish of Ferntree Gully and Rowville

Accessibility for all To provide seating and install a hearing loop in the church auditorium to ensure that the community space is accessible for all.

$11,190.00 $8,690.00

The Anglican Parish of Ferntree Gully and Rowville

RAFT Youth Shed and Equipment

To equip a Youth Shed that will allow young people to be mentored by qualified professionals in areas of work and holistic care.

$19,128.00 $10,000.00

The Basin Community House Inc.

The Basin Community House - Linking to Boronia

Linking Boronia residents who are socially isolated or who cannot attend The Basin Community House through delivering free adult education and community luncheons in Boronia.

$1,980.00 $1,980.00

The Basin Music Festival Association Inc

The Basin Big Break youth stage

A two day live music event for, and run by, young people under 25 years.

$2,000.00 $1,000.00

The Basin Music Festival Association Inc

The Basin Music Festival 2014

Largest grass-roots community music festival in Melbourne's Eastern Region with over 200 musicians in a celebration of community and live music.

$5,000.00 $5,000.00

U3A Knox Inc Art and Craft Exhibition and Sale

A 2 day event run during Knox Seniors week providing 250+ Knox artists an opportunity to display their work in a non-commercial setting.

$2,000.00 $2,000.00



Amount Recommended

UnitingCare Harrison L2P Learner Driver Mentor Program

Provide disadvantaged youth in the Knox Community the opportunity to complete the requirements of the Graduated Licensing System.

$20,000.00 $20,000.00

Waverley Calisthenics Club Inc

New Sewing and Overlocker Machines

Purchase of a sewing machine and an overlocker to create quality costumes.

$2,000.00 $2,000.00

Total amounts: $244,436.53 $210,715.53


APPENDIX B – 2013-14 COMMUNITY DEVELOPMENT FUND EVALUATION PANEL RECOMMENDATIONS Projects not recommended for funding through the 2013-14 Community Development Fund

Organisation Name Project Name Amount Requested

SriMithuru New Year Celebrations and Cricket Tournament $4,000

SupertoothNDK Inc. Christmas Tree with presents for the community $1,140

Supertooth NDK Inc Supertooth NDK to end decay $5,500

Temple Society Australia Chess Challengers $549

Temple Society Australia Multicultural Masterclass $2,848

INELIGIBLE APPLICATIONS

Alchester Village Playgroup Safer equipment – Safer play! $2,000

Melbourne Steam Traction Engine Club

Showing exhibits safely and well $20,000


Foundations for the Willans air blast engine $19,524.56


Enjoy the day BBQ facility for families & friends $13,268

Parent and Friends Association, UFTG Primary School

Animal Assisted Therapy $864

Smash FM Smash FM Broadcasting 2013-14 $20,000


APPENDIX C – 2013-14 COMMUNITY DEVELOPMENT FUND EVALUATION PANEL RECOMMENDATIONS 2013-14 CDF eligibility requirements and desirable criteria

Applicant Organisations The following eligibility requirements and desirable criterion are relevant to Section 1 – Applicant Organisation Details within the application forms. Eligibility requirements To be eligible for funding submitting organisations must meet the following requirements: Legal status Submitting organisations must be a not-for-profit organisation established under one of the following;

- the Victorian Associations Incorporation Reform Act 2012, - the Victorian Co-operatives Act 1996, - the Aboriginal Councils and Associations Act 1976, - Corporations Act 2001, - an Act passed by the Legislative Assembly of Victoria, or - in another form considered appropriate by Knox City Council.

Applications will also be considered from organisations under the auspice of another organisation which meets any of these criteria. NB: Schools are not eligible for funding, however School Parent’s Associations that are incorporated, (or similar), and attached to a not-for-profit school are eligible. Governance structure Submitting organisations must have a Committee of Management, or similar, that can accept responsibility for a grant, ensure the project is carried out, and meet the evaluation and reporting requirements. ABN or Statement by Supplier declaration Organisations granted funding must have either an Australian Business Number (ABN) or provide a Statement by Supplier (SbS) declaration*. You can download a SbS declaration from the Australian Tax Office by visiting the following website. http://www.ato.gov.au/businesses/content.asp?doc=/content/38509.htm *Please note Council staff are not able to advise organisations regarding the completion of a SbS declaration. Connection to Knox municipality Submitting organisations must provide direct services, support or benefit to people living in the City of Knox. As evidence of their connection to the Knox community submitting organisations must provide a list of their number of members/clients within each postcode. The list should include all postcodes their members/clients reside in, not just postcodes from within the Knox municipality.

http://www.ato.gov.au/businesses/content.asp?doc=/content/38509.htm%20�


Financial need Submitting organisations must clearly demonstrate a need for financial support to achieve the proposed project. As evidence of this need submitting organisations must provide their most recent annual financial statements* including a profit and loss statement and a balance sheet. * Where the submitting organisation is a local branch of a larger body, i.e. regional, state or national organisation, please supply copies of the local branch financials, i.e. the submitting organisation’s financials. Additionally, if an organisation has an annual turnover of $500,000 or more Council requires the annual financial statements to be independently audited. Desirable attributes Community connectedness Submitting organisations must attach their annual report and/or the minutes of their most recent annual general meeting to provide the Evaluation Panel with information regarding the organisations usual activities including the extent of the organisations involvement with other community groups and broader community activities. Organisations that show a strong connection to their local community will be favourably considered.

Projects and Events The following eligibility requirements and desirable criterion are relevant to Section 2 – Project Details within the application forms. Eligibility requirements To be eligible for funding, projects and annual community events must meet the following requirements: Time frame Projects and events must have a definitive start and finish date. It is preferable that the project start and finish within the 12 month funding period, (November 2013 to November 2014), however projects up to three years can be considered. If the project time frame is longer than 12 months the application must include a project plan broken into defined six month stages and outlining how the project will become self-supporting.

Important: Funding beyond the initial grant for projects over twelve months cannot be guaranteed.

Alignment with Council objectives Projects and events must clearly support Council’s strategic objectives and priorities which are captured in the Council Plan and the Community Health and Wellbeing Strategy 2009-13.

Identified community need Projects and events must aim to meet a demonstrated need* within the Knox community. Submitting organisations must provide evidence of the community need within their application.


A community need can be described as: · something that is essential, or very important, to the community’s health and

wellbeing; and/or · something that is necessary, or that requires some course of action, to improve the

community’s health and wellbeing.

Benefit to Knox Residents Projects and events must be conducted within the boundaries of the City of Knox and have significant participation of Knox residents. They may have a focus that is broader than the Knox Municipality however the application must identify the total number of individuals that will benefit from the project or event, as well as identifying how many of the total number are Knox residents. NB: School Parent Associations must be able to demonstrate their proposed project is for the benefit of the Knox community, not just for the benefit of the School community, i.e. CDF cannot fund a project that will only benefit school students, student’s families and/or staff of the school. Desirable attributes

Collaboration Projects and events which involve collaboration with other organisations and services, share resources within the community, and involve volunteers will be favourably considered.

Concise applications Projects with well defined and clearly communicated aims and outcomes, along with clear and succinct detail regarding how the project will be implemented will be favourably considered. NB: If a project budget includes wages for a project manager the application must clearly demonstrate why the project manager is required for the successful implementation of the project. Projects that will not be funded The following types of projects and items can not be funded through the Community Development Fund: Fundraising Fundraising is considered to be any event or activity that encourages people to participate for the primary purpose of raising money for a specific cause or organisation. Examples: raffle prizes, trivia/movie/fashion night, auction events etc.

Capital or facility maintenance works Capital works projects are considered to be those that primarily focus on improvement, replacement, disposal or addition to fixed assets such as land, building and facilities. Examples: permanently fixed play structures, major structural building improvements, etc. If your organisation is a tenant within a Knox Council owned facility and you require assistance with a capital works issue please contact Knox Council’s Customer Service on 9298 8000 and lodge a request.


State or Federal government responsibilities Projects may not be an event or activity that is the core program funding responsibility of another level of government. Example: curriculum-based activities for schools

Retrospective funding A CDF grant may not be used to reimburse an organisation for expenses already paid; i.e. if money has been spent on the project or event prior to the organisation receiving the grant cheque, grant monies may not be allocated to this expense.

Consecutive project submissions Applications for projects that have been funded by the CDF for three consecutive years are not eligible.

Operational expenses A CDF grant may not be used to fund the day-to-day expenses incurred in carrying out the usual business of the submitting organisation. This includes expenses such as salaries for existing positions, insurance and utilities. LATE, INCOMPLETE OR MULTIPLE APPLICATIONS Late Applications Applications that are submitted after the submission period closes are ineligible and will not be assessed.

The online submission program will not accept applications beyond the specified closing date and time. It is suggested you do not leave electronic lodgement of your application to the last moment to avoid any unanticipated technical difficulties or unforseen errors within your application form that will prevent submission.

Hand written application forms must be date stamped by a Knox Council Customer Service Representative. Please ensure you are aware of the Customer Service Centre opening hours.

Knox Civic Centre 511 Burwood Highway, Wantirna South Operating Hours: 8:30am to 5pm Mon, Wed, Thu, Fri 8:30am to 8pm Tue

Rowville Customer Service Shop 32A Stud Park Shopping Centre Corner Stud Road and Fulham Road Operating Hours: 9am to 5pm Mon to Fri

Incomplete or imprecise applications Applications that are incomplete or imprecise may be disadvantaged in the assessment process. Where there is a query regarding information provided, a member of the Community Strengthening Team may contact applicants to request clarification within 10 days of the submission period closing. Contact will be made by registered post to the postal address supplied in the application.

Multiple Applications Organisations may submit up to three applications for separate and distinct projects or events. Each project or event must be detailed on a separate application form.


COUNCILLOR MORTIMORE RETURNED TO THE CHAMBER AT 7.52PM AFTER THE VOTE ON ITEM 9.1 AND PRIOR TO DISCUSSION ON ITEM 9.2

ALL WARDS

9.2 DRAFT KNOX COMMUNITY SAFETY PLAN 2013-2017

SUMMARY: Acting Coordinator Community Safety & Development (Lisette Pine)

This report presents to Council the draft Knox Community Safety Plan (Plan) 2013-2017 (see Appendix A circulated separately) for consideration and adoption. The Plan has been developed based on extensive research and community consultation which occurred during 2012-13. This Plan is Council’s first Community Safety Plan for Knox. The draft Plan was discussed at a Council Issues Briefing on 4 June 2013 and following this meeting was made available for any final community and organisational feedback during July-August 2013. All feedback received has been incorporated into the draft Plan and highlighted in this report.

That Council

RECOMMENDATION

1. Adopt the Knox Community Safety Plan 2013-2017 as provided in Attachment A; and

2. Receive a further report in early 2014 on a proposed Council and community advisory and coordination structure to support the Community Safety Plan 2013-2017.

In May 2011, Council supported a proposal to develop the first Community Safety Plan for Knox. This is the first Community Safety Plan for Knox and has been developed through extensive research, stakeholder and community engagement activities, including being informed by the Knox@50 Community Engagement project. The Plan supports a coordinated approach to addressing community safety and crime issues in Knox, including new and emerging priorities. It enables and promotes:

1. INTRODUCTION

· An improved level of collaboration to respond to community safety issues and crime between community, service providers, Police, and other levels of Government;

· Improved community safety and prevention strategies by promoting good practice;

· Increased commitment to community safety and prevention across the different sectors; and

· Better allocation of resources to achieve the greatest impact.


9.2 Draft Knox Community Safety Plan 2013-2017 (cont’d)

The Plan includes key principles, local policy directions, desired community safety outcomes and actions that will contribute to achieving the City Plan 2013-2017 objectives for ‘healthy, connected communities’.

The Plan also builds on the previous Knox Graffiti Management Plan and aligns with the draft Community Health & Wellbeing Strategy 2013-2017, the State Government’s Environments for Health Framework, and State and Federal Government community safety and crime prevention policy directions.

The overwhelming evidence from the research conducted to inform the draft Plan indicated that crime and community safety are complex issues that are interdependent and directly influenced by the actions and behaviours of the whole community. A key feature of the Plan is the strong commitment to deliver outcomes through collaborative effort with community and key partners.

2. DISCUSSION

For many years Council’s community safety focus has been supporting:

· Graffiti management plans and programs;

· The Safer Communities Group response to community safety issues; and

· Crime Prevention through Environmental Design initiatives (place based).

This Plan, which has been developed following extensive community engagement and research, provides a new broader strategic policy direction for Council regarding crime prevention and community safety.

2.1 Community Safety Priorities for Knox The community safety priorities identified through research, crime data analysis and community engagement activities are based on broad indicators that focus on the social and economic causes of crime and crime prevention frameworks. The outcomes of these activities will be a changed environment that reduces the opportunity for crime and anti-social behaviour.

The priorities identified are:

· Young people and safety;

· Anti-social behaviour;

· Child abuse and neglect;

· Family violence;

· Transport-related issues including ‘hoon’ or dangerous driving;



· Graffiti;

· Perceptions of safety;

· Mental health issues; and

· Problem gambling.

Council is already responding to some of these issues through various Council programs and initiatives. It is not intended the Plan replace or duplicate the work already being done. Instead, the Plan will build on and strengthen partnerships and collaboration to support broader and more strategically targeted community safety strategies.

2.2 Monitoring and Evaluation

In order to effectively assess the success of the Community Safety Plan, a clear approach to monitoring and evaluation has been developed.

The process will endeavour to increase a greater understanding of the link between program outcomes and changes in the community. This process will involve monitoring and evaluation of key indicators to provide both Council and the community with an annual ‘report card’ on progress.

2.3 Coordination Structure and Governance

Since 2007 Council’s Graffiti Advisory Committee has:

· Overseen the monitoring, implementation and evaluation of the Graffiti Management Action Plan annually;

· Received and considered recommendations on minor changes to activities from Council officers;

· Recommended to Council significant changes in policy or objectives; and

· Overseen the implementation of the Graffiti Management Plan.

The Knox Safer Communities Group, consisting of officers from Council and Victoria Police, has supported and overseen the implementation of Council’s community safety initiatives.

Due to the development of this broad based Community Safety Plan, it is proposed that the current Graffiti Advisory Committee be sunsetted and that a new co-ordination structure to oversee the monitoring and implementation of the Community Safety Plan be developed.

When the Community Safety Plan is approved, work will occur on an appropriate co-ordination and advisory structure which can best support the Plan’s implementation over the next four years. A further report will be provided to Council following the completion of this work.



Throughout the development of the Community Safety Plan extensive consultation has been undertaken with key stakeholders, community groups, and agencies to inform the development of community safety priorities. This included a community safety survey, Council staff workshops, consultation with Council Advisory Committees, and community workshops with Victoria Police, Neighbourhood Houses, local sporting clubs, community health services and residents. In addition, findings of the Knox@50 community engagement program supported the development of priorities in the Plan. Councillors provided feedback at an Issues Briefing discussion in June 2013. This feedback has been incorporated into the draft Community Safety Plan.

3. CONSULTATION

Council’s key partner, Victoria Police (Knox) are supportive of the plan and have agreed to endorse it. The draft Community Safety Plan was also made available for community comment for July-August 2013. During this time there were no further community responses received. Some feedback was received from Council officers. Key points raised in the final stage of consultation were to ensure the inclusion of the evidence based data that informed the development of community safety priorities, providing a stronger link between the Plan and other Council Strategic Plans related to community safety priorities, and the inclusion of additional key stakeholders who will support the implementation of actions in the Plan. These amendments and additions have now been included in the final draft (See Appendix A: Action Plans in Section 6 and Community Safety Priorities Research, pages 52-64).

The draft Knox Community Safety Plan 2013-2017 will support and direct Council activity in the built environment through imbedding Crime Prevention Through Environmental Design principles into work that enhances amenity and improves public places and spaces.


The resources required to deliver programs in the Plan will involve a mixed contribution from Council, external funding grants, shared resource funding models with key partners, and community support to deliver low cost or no cost programs. The Plan aims to use and build on current Council programs to maximise effective use of existing resources.


In addition, staffing and items requiring additional funding would be considered as part of further Council budget processes and Council’s service planning program.



Community safety is a broad approach that in addition to reducing criminal activity covers other activities that impact on community wellbeing and quality of life, such as health, road safety, social isolation, injury prevention and emergency management activities.


The Plan will enable a better understanding of local safety issues and their underlying social causes and engender broader localised partnerships. The Plan will also assist the development of a holistic approach to issues that are impacting on local neighbourhoods and provide increased opportunity for the community to have input into solutions.

The strategic directions and outcomes of the Knox Community Safety Plan 2013-2017 are consistent with the Knox Vision and City Plan 2013-2017.


The Knox Vision outlines an aspiration to connect communities and enable the provision of safe places to live, along with the development of motivated and resilient communities. The City Plan 2013-17 outlines the following related strategies:

· To improve personal and community safety and perceptions of safety in Knox, including addressing family violence and child abuse; and

· To improve mental health in the Knox community, strengthen awareness and understanding about mental health issues and improve the availability of support services.

The draft Knox Community Safety Plan 2013-2017 will enable a coordinated approach to addressing community safety and crime issues in Knox including new and emerging priorities.

8. CONCLUSION

The Plan enables:

· An improved level of collaboration to respond to community safety issues and crime between community, service providers, Police, and other levels of Government;

· Improved community safety and prevention strategies by promoting good practice;

· Increased commitment to community safety and prevention across the different sectors; and

· Better allocation of resources to achieve the greatest impact.

The draft Plan is presented for Council’s considerations and adoption.



This report does not contain any confidential information.

9. CONFIDENTIALITY

COUNCIL RESOLUTION MOVED: CR. MORTIMORE SECONDED: CR. LOCKWOOD

That Council

1. Adopt the Knox Community Safety Plan 2013-2017 as provided in Attachment A; and

2. Receive a further report in early 2014 on a proposed Council and community advisory and coordination structure to support the Community Safety Plan 2013-2017.

CARRIED

226 COUNCIL – CORPORATE DEVELOPMENT 24 September 2013

DOBSON WARD

10.1 LEASE OF COUNCIL PROPERTY – 8 KEVIN AVENUE, FERNTREE GULLY (MELWAYS REF: 73 K4)

SUMMARY: Senior Property Officer (Angela Kostarakis)

This report recommends the signing and sealing of a lease for the Council property at 8 Kevin Avenue, Ferntree Gully. The proposed lease is for two years commencing on 1 October 2013.

That Council sign and seal the lease between Knox City Council (lessor) and BHB Equipment Hire Pty Ltd (lessee) relating to 8 Kevin Avenue, Ferntree Gully, commencing 1 October 2013. The lease will be for two years at a rental of $1,516.55 per calendar month plus GST (with CPI increases annually).

RECOMMENDATION

Council’s agents have recently negotiated a lease for the Council property at 8 Kevin Avenue, Ferntree Gully (refer Appendix A). The documents are now presented for signing and sealing.

1. INTRODUCTION

The property at 8 Kevin Avenue, Ferntree Gully has been in Council ownership for some years and was initially purchased along with a number of other properties in the area to provide for the future Dorset Road extension.

2. DISCUSSION

The current tenants have occupied this property since 2009 and have indicated that they wish to continue. The proposed lease is for a term of two years commencing 1 October 2013. The lessee is BHB Equipment Hire Pty Ltd who will use the property for truck storage and repairs.

As the lease is for two years and the yearly market rental is less than $50,000, there is no requirement under the Local Government Act 1989 to advertise the lease.

3. CONSULTATION

It should be noted that this site, together with other sites, have been acquired by Council and will eventually be sold to VicRoads for the Dorset Road extension. This lease is not seen as impacting on this project.

The lessee, BHB Equipment Hire Pty Ltd, has agreed to the terms and conditions of the lease.


10.1 Lease of Council Property – 8 Kevin Avenue, Ferntree Gully (cont’d)

The building on the property will be used as an office, truck storage and repairs and is not considered to be detrimental to the environment or amenity of the area.


The proposed lease is for two years, commencing on 1 October 2013, with the rental being $1,516.55 per calendar month (plus GST) with CPI increases annually, and the lessee meeting all outgoings.


The rental has been determined by agents appointed by Council in accordance with commercial rentals within this area.

Having this property leased will deter anti social behaviour or damage to the building.


This supports Theme 5 Democratic and Engaged Communities with particular reference to:


5.3.1 Maintain accountable and transparent governance practices, and Council’s sound stewardship of the community’s finances and assets.

5.3.2 Promote innovation and the pursuit of excellence in Council’s practices, projects and service delivery.

5.3.3 Promote social, economic and environmental responsibility in Council’s decision making.

It is recommended that the lease between Knox City Council and BHB Equipment Hire Pty Ltd, for two years commencing 1 October 2013, pertaining to 8 Kevin Avenue, Ferntree Gully, be signed and sealed.

8. CONCLUSION

This report is not of a confidential nature.

9. CONFIDENTIALITY


10.1 Lease of Council Property – 8 Kevin Avenue, Ferntree Gully (cont’d)

COUNCIL RESOLUTION MOVED: CR. ORPEN SECONDED: CR. GILL That Council 1. sign and seal the lease between Knox City Council (lessor) and

BHB Equipment Hire Pty Ltd (lessee) relating to 8 Kevin Avenue, Ferntree Gully, commencing 1 October 2013. The lease will be for two years at a rental of $1,516.55 per calendar month plus GST (with CPI increases annually).

2. Write to the Minster for Transport, The Hon. Terry Mulder

seeking urgent attention of the Victorian State Government to prioritise and deliver the Dorset Road extension, Ferntree Gully.

CARRIED


APPENDIX A


COLLIER WARD

10.2 PROPOSED DISCONTINUANCE AND SALE OF ROAD (KNOWN AS KIDDERMINSTER DRIVE) BETWEEN 4 AND 6 AINSDALE AVENUE, WANTIRNA

SUMMARY: Property Management Coordinator (Angela Mitchell)

Council has been approached by Healthscope Limited (Knox Private Hospital) to acquire the area of road (known as Kidderminster Drive) between 4 and 6 Ainsdale Avenue, Wantirna. It is recommended that Council commence the statutory procedures to implement a road discontinuance and sale to Healthscope Limited.

That Council, being of the opinion that the area of road (shown in Appendix A) between 4 and 6 Ainsdale Avenue, Wantirna identified as part of Lot 1 on TP 905856E contained in Certificate of Title Volume 8456 Folio 535 (formerly part of E-2 on LP 98162) is not required as a road for public use, hereby resolves:

RECOMMENDATION

1. Under Section 189 and Section 206, Schedule 10, Clause 3 of the Local Government Act 1989, that statutory procedures be commenced to discontinue and sell the road to Healthscope Limited for $330,000 (being market value) plus GST and that under 207(a) and Section 223 of that Act give public notice of the proposed discontinuance and sale in the Knox Leader.

2. To hear submissions in accordance with Section 223(1)(b) of the Local Government Act 1989 and appoint the following Committee of Council comprising Cr ________, Cr ________ and Cr ________ to consider submissions at 5.00pm on 12 November 2013.

3. That a further report be presented to Council following the conclusion of the statutory process.

Council has been approached by Healthscope Limited (owners of Knox Private Hospital) to acquire the area of road (known as Kidderminster Drive) between 4 and 6 Ainsdale Avenue, Wantirna. The area of road is identified as part of Lot 1 on TP 905856E contained in Certificate of Title Volume 8456 Folio 535 (formerly part of E-2 on LP 98162) and abuts properties owned by Healthscope Limited.

1. INTRODUCTION

Knox Private Hospital is located at the south eastern corner of the intersection between Mountain Highway, Boronia Road and Wantirna Road (known as five ways) in Wantirna. The hospital is located within the Wantirna Health Precinct as identified in Knox Municipal Strategic Statement, which covers an area of approximately 73.5 hectares.


10.2 Proposed Discontinuance and Sale of Road (known as Kidderminster Drive) between 4 and 6 Ainsdale Avenue, Wantirna (cont’d)

Healthscope Limited have lodged a planning permit application and a separate application to amend the Knox Planning Scheme to apply a Development Plan Overlay over the land. The planning permit will be assessed on its own merits through the appropriate process.

The area of road known as Kidderminster Drive was identified in the original subdivision as a connection to the current Kidderminster Road. On the development of the hospital this connection was extinguished and no longer required.

2. DISCUSSION

The road identified as E-2 on LP 98162 is the area of road (approximately 595m2) at the rear of the Knox Private Hospital and also as an access to the two abutting properties (4 and 6 Ainsdale Avenue) which are both owned by Healthscope Limited. The road is zoned part Residential 1 and part Residential 3, is rectangular in shape and is a fully constructed roadway.

The following is provided as an assessment of this road.

2.1 Assessment Against Criteria for Sale of Land and Buildings

In accordance with Council’s Policy on the Sale of Land and Buildings it will consider a number of criteria in order to ensure that the proposed disposal of this property is in the community’s best interests prior to resolving to proceed with the public consultation process.

An assessment of these criteria follows:

Environmental Principle: Council will sell surplus land where retention will not enhance

or protect its environmental value. Assessment: There are no environmental impacts on this area of road.

Physical Works Principle: Council will sell surplus land where it is not required in the

foreseeable future for the development of new assets or the improvements of existing assets.

Assessment: The road between 4 and 6 Ainsdale Street, Wantirna has not been identified in the 5 Year Capital Works Plan or an adopted strategic project plan for the development of new assets or the improvements of existing assets.

Recreation Principle: Council will sell surplus land where it is not required in the

foreseeable future for recreational purposes. Assessment: The road has not been identified in the Knox Open Space Plan

2004-2014. There is a recreation facility in close proximity.



Land Use Planning Principle: Council will sell surplus land where there are not compelling

land use planning grounds for retention. Assessment: There are no compelling land use planning grounds for the

retention by Council of the road between 4 and 6 Ainsdale Street, Wantirna.

Social Principle: Council will sell surplus land where alternative social uses

have not been identified. Assessment: The sale of the road will assist in the development of the

hospital.

2.2 Land Use Zone

The road is zoned part Residential 1 and part Residential 3.

2.3 Usage

The road is currently used for access to the two abutting properties both owned by Healthscope Limited.

2.4 Method of Sale

It is proposed that the road be sold by private treaty. A sale to Healthscope Limited will provide a long term community benefit. An alternative method of sale may be by public auction, however it is considered appropriate in these circumstances and on merit that the sale be by negotiation to the abutting property owners.

Healthscope Limited has a long term redevelopment vision for their current site and the sale would assist in this development.

To accommodate the growing health needs of the community, the hospital proposes to expand and redevelop in stages. The hospital owns 2, 4, 6 and 8 Ainsdale Avenue, Wantirna.

The proposed acquisition of Kidderminster Drive between 4 and 6 Ainsdale Avenue will allow the expansion to proceed in accordance with their proposed plans of a three level car park. The Knox Planning Scheme Clause 21.08 identifies the surrounding area as a health and medical precinct and encourages like services to be located in this area to strengthen the feasibility of this precinct. Further strategic work is currently being undertaken to further establish this area as the Wantirna Health and Wellbeing Precinct.



Section 189 and Section 206, Schedule 10 Clause 3 of the Local Government Act 1989 provides the statutory procedures to enable discontinuance and sale to be commenced and Section 207(a) and Section 223 of that Act requires public notice of the proposed discontinuance be given in a newspaper generally circulating in the municipal district. In giving public notice, Council must state that submissions in respect of the discontinuance will be considered.

3. CONSULTATION

In accordance with Section 223 of the Act, Council or where Council determines, a Committee of Council shall consider any written submissions which are received by Council within 28 days after the publication of the public notice and allow persons making submissions to appear in support of their submission. If submissions are received, a further report will be presented to Council for its consideration prior to taking further action on the proposed road discontinuance.

There are no environmental issues due to being a road. The amenity issues that may arise as a result of the proposed development will be assessed as part of the planning permit application.


It is proposed that any sale would be subject to the purchasers meeting Council’s costs in relation to the sale and the land to be sold at $330,000 (being market value). A confidential valuation is attached to this report (refer Appendix B).


The proposed discontinuance and sale to Healthscope Limited would assist in the development of the Knox Private Hospital.


This report relates to Theme 5: Democratic and Engaged Communities of the City Plan with particular reference to:


5.1 Improve community leadership and participation in Knox.

5.2 Increase opportunities for the Knox community to participate in public decision-making processes.

5.3 Ensure Council is well governed and demonstrates effective leadership.



As the road is not reasonably required as a road for public use, it is recommended that Council resolve to commence the necessary statutory procedures for the discontinuance and sale of this road to the abutting property owner.

8. CONCLUSION

A confidential report is attached as Appendix B.

9. CONFIDENTIALITY

COUNCIL RESOLUTION MOVED: CR. COSSARI SECONDED: CR. HOLLAND

That Council, being of the opinion that the area of road (shown in Appendix A) between 4 and 6 Ainsdale Avenue, Wantirna identified as part of Lot 1 on TP 905856E contained in Certificate of Title Volume 8456 Folio 535 (formerly part of E-2 on LP 98162) is not required as a road for public use, hereby resolves:

1. Under Section 189 and Section 206, Schedule 10, Clause 3 of the Local Government Act 1989, that statutory procedures be commenced to discontinue and sell the road to Healthscope Limited for $330,000 (being market value) plus GST and that under 207(a) and Section 223 of that Act give public notice of the proposed discontinuance and sale in the Knox Leader.

2. To hear submissions in accordance with Section 223(1)(b) of the Local Government Act 1989 and appoint the following Committee of Council comprising Cr Cossari, Cr Orpen and Cr Mortimore to consider submissions at 5.00pm on 12 November 2013.

3. That a further report be presented to Council following the conclusion of the statutory process.

CARRIED


APPENDIX A Page 1 of 1

236 COUNCIL – ITEMS FOR INFORMATION 24 September 2013

ALL WARDS

11.1 ASSEMBLIES OF COUNCILLORS

SUMMARY: Manager – Governance (Rhys Thomas)

This report provides details of Assembly of Councillors established under section 80A of the Local Government Act as required under section 80A(2) of the Act.

That Council

RECOMMENDATION

1. Note the written record of Assemblies of Councillors as attached to this report.

2. Incorporate the records of the Assemblies into the minutes of the meeting.

Under section 80A(2) of the Local Government Act, the Chief Executive Officer must present a written record of an Assembly of Councillors to an ordinary meeting of Council as soon as practicable after an Assembly occurs. This written record is required to be incorporated into the minutes of the meeting.

1. INTRODUCTION

Details of Assemblies of Councillors that have occurred between Monday 12 August 2013 and Sunday 8 September 2013 are attached to this report.

COUNCIL RESOLUTION MOVED: CR. LOCKWOOD SECONDED: CR. COSSARI

That Council

1. Note the written record of Assemblies of Councillors as attached to this report.

2. Incorporate the records of the Assemblies into the minutes of the meeting.

CARRIED

237

RREECCOORRDD OOFF AASSSSEEMMBBLLYY OOFF CCOOUUNNCCIILLLLOORRSS (Section 80A Local Government Act)

Date of Assembly: 13/8/2013

Name of Committee or Group (if applicable):

CEO’s Performance Evaluation Review Committee Time Meeting Commenced:

5:30pm

Councillors in Attendance: Cr Karin Orpen Cr Nicole Seymour Cr Adam Gill

Council Staff in Attendance: Graeme Emonson Matters Considered:

1. Status of 2012/13 CEO KRA’s/Annual Performance Review 2. Draft 2013/14 CEO KRA’s Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest

Councillor Left Assembly While Matter Being Considered

238




Dinner prior to Strategic Planning Committee Meeting Time Meeting Commenced:

6:30pm

Councillors in Attendance: Cr Karin Orpen, Mayor Cr David Cooper Cr John Mortimore Cr Nicole Seymour Cr Darren Pearce Cr Tony Holland Cr Joe Cossari

Council Staff in Attendance: Graeme Emonson Angelo Kourambas Ian Bell Kerry Stubbings Rhys Thomas Matters Considered:

Victoria Police Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


239




Issues Briefing Time Meeting Commenced:

7:20pm

Councillors in Attendance: Cr Karin Orpen, Mayor Cr David Cooper Cr John Mortimore Cr Nicole Seymour Cr Darren Pearce Cr Tony Holland Cr Joe Cossari Cr Peter Lockwood (Items 4 - 6)

Council Staff in Attendance: Graeme Emonson Kim Rawlings, Paul Dickie, Sarah Lane and Angelo Kourambas (Items 1 - 5) Claire Anderson (Item 2) Ian Bell (Items 1 - 5) Kathy Parton and Rosie Tuck (Item 3) Kerry Stubbings (Items 1 - 5) Angela Mitchell and Nadine Gaskell (Item 4) Rhys Thomas (Items 1 - 5) Matters Considered:

1. Declaration of Conflict of Interest 2. Housing Policy Review 3. Knox Community Health & Wellbeing Strategy 2013-17 4. Bateman Street Bushland 5. Extension of Stud Road, Bayswater 6. Knox Basketball Incorporated Update Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


240




Stamford Park Steering Committee Time Meeting Commenced:

6:30pm

Councillors in Attendance: Cr Karin Orpen Cr Nicole Seymour Cr David Cooper Cr Darren Pearce

Council Staff in Attendance: Graeme Emonson Angelo Kourambas Matters Considered:

1. Draft Stamford Park Business Model and Plan 2. Review of Key Elements of the Stamford Park Master Plan 3. Review of Proposed Site Uses Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


241




Knox Multicultural Advisory Committee Time Meeting Commenced:

6:30pm

Councillors in Attendance: Cr Joe Cossari

Council Staff in Attendance: Kathy Parton Jaya Manchikanti Neda Moghaddas Matters Considered:

1. Family Day Care Program 2. Knox City Council Draft Safety Plan 3. Knox City Council Multicultural Strategic Plan 2012-2017 Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


242




2013-14 Community Development Fund Evaluation Panel Time Meeting Commenced:

6:30pm

Councillors in Attendance: Cr Karin Orpen

Council Staff in Attendance: Tracy Vervoort Cassie Wright Mandy Roche Matters Considered:

Applications to the 2013-14 Community Development Fund for recommendation to Council. Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


243




Environment Advisory Committee Time Meeting Commenced:

6:30pm

Councillors in Attendance: Cr John Mortimore Cr David Cooper

Council Staff in Attendance: Ellen Mitchell Trish Winterling Angelo Kourambas Matters Considered:

1. SLO Vegetation Protection Revisions 2. Workshop: Realising the City Plan – Part 1 3. Outcomes from MAV Environment Committee and EAGA Executive Committee Meetings 4. Stamford Park ZEN 5. Embedding Organisational Sustainability Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


244




Recreation and Leisure Liaison Group Time Meeting Commenced:

6:40pm

Councillors in Attendance: Cr Nicole Seymour Cr Tony Holland

Council Staff in Attendance: Robert Morton Nicole Columbine Emma Hayton Kevin Gregg-Rowan Matters Considered:

1. Be Active Program 2. Sporting Reserve Facility Usage Policy Review 3. Recreation Minor Capital Works Grant Scheme Policy Review 4. Recreation Minor Capital Works Grant Scheme Updates 5. Capital Works and SRV Project Updates Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


245




Housing Advisory Committee Time Meeting Commenced:

1:00pm

Councillors in Attendance: Cr Nicole Seymour Cr Tony Holland Cr John Mortimore

Council Staff in Attendance: Angelo Kourambas Kim Rawlings Sharon Barker Nicole Vickridge Sarah Lane Paul Dickie Matters Considered:

1. Housing Policy Review Project 2. Eastern Regional Affordable Housing Alliance 3. Housing Advisory Committee Terms of Reference Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


246




2013-14 Community Development Fund Evaluation Panel Time Meeting Commenced:

6:30pm

Councillors in Attendance: Cr Karin Orpen

Council Staff in Attendance: Tracy Vervoort Mandy Roche Cassie Wright Matters Considered:

Applications to the 2013-14 Community Development Fund for recommendation to Council. Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


247




Knox Affordable Housing Reference Group Time Meeting Commenced:

6:30pm

Councillors in Attendance: Cr Peter Lockwood

Council Staff in Attendance: Sharon Barker Rose Vince Jon Wright Matters Considered:

1. Feedback on the Housing and Homelessness Forum 2. Eastern Affordable Housing Alliance 3. Report from Housing Advisory Committee 4. Registered Housing Providers Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


248





5:35pm

Councillors in Attendance: Cr Karin Orpen Cr David Cooper Cr John Mortimore Cr Nicole Seymour Cr Darren Pearce Cr Peter Lockwood Cr Adam Gill Cr Tony Holland Cr Joe Cossari

Council Staff in Attendance: Graeme Emonson Jon Gorst Angelo Kourambas David Blair Mark Dupe Ian Bell Kerry Stubbings Matters Considered:

Knox Basketball Incorporated Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


249




Dinner Prior to Council Meeting Time Meeting Commenced:

6:15pm

Councillors in Attendance: Cr Karin Orpen Cr Joe Cossari Cr Darren Pearce Cr John Mortimore Cr Tony Holland Cr Adam Gill Cr David Cooper

Council Staff in Attendance: Graeme Emonson Ian Bell Mark Dupe Angelo Kourambas Kath Oakley Rhys Thomas Matters Considered:

1. Trains Not Toll Roads Campaign 2. Financial Statements Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


250




Knox Transfer Station Management Committee Time Meeting Commenced:

4:30pm

Councillors in Attendance: Cr David Cooper

Council Staff in Attendance: Geoff McMeeken Matters Considered:

1. Inspection of Transfer Station 2. MWMG Grant 3. Update on Transfer Station Operations 4. Fire Service Status 5. Review Minutes of Transfer Station Contract Meetings Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


251




Rowville Plan Community Reference Group Time Meeting Commenced:

6:30pm

Councillors in Attendance: Cr Nicole Seymour Cr Darren Pearce

Council Staff in Attendance: Kim Rawlings Nicole Vickridge Jonathan Wright Matters Considered:

1. Rowville Plan Transport Study 2. Rowville Plan Stormwater Management Study 3. Draft Rowville Plan Community Engagement Summary 4. Draft Rowville Plan Evaluation of Land Use Options 5. In-Progress Draft Rowville Plan 6. Discussion of Draft Residential Land Use Map and Potential Zoning Changes Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


252




Public Transport Consultative Committee Time Meeting Commenced:

6:30pm

Councillors in Attendance: Cr Peter Lockwood

Council Staff in Attendance: Geoff McMeeken Winchelle Chuson Matters Considered:

1. Caribbean Gardens Queuing on Ferntree Gully Road 2. Bayswater Grade Separation Project 3. Promoting and Improving Public Transport in Knox – Council Report 4. Public Transport Consultative Committee Review 5. Topic for Media Release/Advocacy 6. Updates: - Community Transport - Bus Companies - Metro - Eastern Transport Coalition Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


253




Special Issues Briefing Time Meeting Commenced:

6:15pm

Councillors in Attendance: Cr Karin Orpen Cr Joe Cossari Cr Darren Pearce Cr Nicole Seymour Cr Tony Holland Cr Peter Lockwood Cr Adam Gill Cr David Cooper

Council Staff in Attendance: Graeme Emonson Kathy Oakley Angelo Kourambas David Blair Mark Dupe Marine Nincevic (Maddocks) Rhys Thomas Jon Gorst Matters Considered:


Type of Interest


254





6:40pm

Councillors in Attendance: Cr Karin Orpen Cr Peter Lockwood Cr John Mortimore Cr Joe Cossari Cr Adam Gill Cr David Cooper Cr Darren Pearce Cr Nicole Seymour

Council Staff in Attendance: David Blair Graeme Emonson Fleur Cousins Mark Dupe Janine Brown Kerry Stubbings Mandy Bow Ian Bell Steve Dickson Angelo Kourambas Paul Dickie Kerryn Ellis Kath Oakley Matters Considered:

1. Declarations of Conflict of Interest 2. Scopes for Service Planning Initiatives 2013-14 Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


255





9:20pm

Councillors in Attendance: Cr Karin Orpen Cr Peter Lockwood Cr John Mortimore Cr Joe Cossari Cr Adam Gill Cr David Cooper Cr Darren Pearce Cr Nicole Seymour

Council Staff in Attendance: Graeme Emonson Mark Dupe Kerry Stubbings Ian Bell Angelo Kourambas Matters Considered:


Type of Interest


256




Youth Issues Advisory Committee Time Meeting Commenced:

6:30pm

Councillors in Attendance: Cr John Mortimore Cr Nicole Seymour

Council Staff in Attendance: Kerry Stubbings Tony Justice Pip Smith Lisette Pine Matters Considered:

1. AYAC 2013 Conference Overview 2. Community Safety Plan 3. Inviting Visitors and Guest Speakers 4. Report from Youth Council Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest



ALL WARDS

11.2 WORKS REPORT AS AT 9 SEPTEMBER 2013

SUMMARY: Coordinator – Capital Works (Gene Chiron)

The Works Report shows projects on Council’s Capital Works Program and indicates the status of each project as at 9 September 2013.

RECOMMENDATION

This report summarises progress on Council’s Capital Works Program for the 2013/2014 financial year. The aim of this report is to provide a regular and succinct status summary of each project over the last month. The Capital Works Report, as of 9 September 2013, is attached as Appendix A.

1. INTRODUCTION

COUNCIL RESOLUTION MOVED: CR. PEARCE SECONDED: CR. COSSARI

That the works report for September 2013 be received and noted. CARRIED


APPENDIX A 001 Bridges Renewal Program $266,000

2013/14 program to be finalized by September. New audits to be conducted by Asset Strategy.

004 High Risk Road Failures $250,000

Currently planning multiple patching and resurfacing works in Napoleon Road. Work will commence in line with the Road Resurfacing Contract which is set to commence mid October.

007 Road Surface Renewal Program $2,500,000

2013/14 Road Resurfacing Tender has now closed, been evaluated and recommendations will go to the September Council Meeting. Works on the programmed 76 streets are scheduled to commence mid October.

008 Drainage Pit and Pipe Renewal Program $2,846,000

Works currently completed for the month of August or are currently in progress through September include: 1. Gravenstein Cr - Sullage drain upgrade. 2. Village Green Reserve - Drainage improvements. 3. Perra St - Sullage drain upgrade. 4. 46 Conyers Rd - Drainage improvements. 5. 8 Wyola Crt - Drainage improvements including kerb & channel replacement. 6. 15 Corporate Ave - Drainage improvements. 7. 68 Alexander Cr - Footpath spoon drain improvements. 8. 65 Ferndale Road - Drainage improvements.

009 Footpath Renewal Program $2,900,000

2013/14 program has commenced and is progressing without issue. 15% completed.


010 Bicycle / Shared Path Renewal Program $576,000

2013/14 program has commenced with minor reactive works. Reconstruction and drainage improvements commenced in August. Shared Path Resurfacing Tender advertised in August, recommendation to CEO in September with the contract set to commence mid October 2013.

011 Information System Plan Implementation $785,000

Windows 7 upgrade project has commenced. Vendor has been appointed.

017 Playground Renewal Program $921,210

Carry Forward Works from 2012/13 nearing completion. Design work underway for local playgrounds with site surveys complete. Wally Tew Playground design documentation progressing on track for tendering in early 2014.

022 Fire Hydrant Replacement Program $112,000

Part payment to South East Water due by December. 024 Carpark Renewal $552,560

2013/14 Carpark tender will be advertised on Saturday 14 September.

025 Plant & Machinery Replacement Program $2,323,000

Renewal Program under way, 3% of funds committed & expended. 026 Street Tree Replacement Program $733,000

Tree planting complete for this season. New program underway with scoping and consultation due to commence.

031 Stamford Park Redevelopment $109,902

The Minister for Planning has approved Amendment C93 and a notice to this effect was published in the Government Gazette on the 8 August 2013.


043 Shade Sails for Family and Children's Services Facilities $9,500

Audit underway of shade structures in 48 early years facilities.

055 Corhanwarrabul Creek Trail (To Dandenong Creek) - Shared Path $30,000

Project complete. 082 Drainage Upgrades - Ongoing Customer Response $125,903

Minor Works Package 2: 1043 Burwood Highway - Stormwater have completed negotiations with solicitors and liquidators and have gained access to laneway - Concept design completed. Site meeting held 15 August to confirm planned works. Traffic treatments being implemented by Traffic Team to manage store holders' use of laneway now that fences/obstructions have been removed. Public consultation to advise of drainage improvement works and traffic flows through laneway currently underway.

102 Major Reserves Conversion to Warm Season Grass $110,000

Design detail for Eildon Oval No.2 and Knox Park conversion grounds underway.

147 Energy & Greenhouse Program for Council Facilities $70,000

Scoping of projects currently underway. 229 Building Code Australia Compliance $50,000

Quotes being sought for earmarked projects: Rowville Community Centre - fireboard/detectors; Scoresby Pavilion - compliant exit doors. Program being devised for any outstanding compliance issues from recent building audits undertaken by Asset Strategy.

239 Knox State Emergency Services - Facility Modification $6,450

This project is now complete as per contract requirements as of 30 July 2013. The site has now been handed back to SES.


248 Boronia Park Landscaping Implementation Stage 3 $1,372,065

Detailed design of retarding basin well underway with landscape amenity upgrades being integrated into design. Community engagement process being coordinated.

256 The Basin Triangle Landscape Implementation - Stage 3 $268,220

Design work complete for stage area. Inviting suppliers to quote in September/October 2013.

257 Liberty Ave Reserve Master Plan Implementation Stage 2 $43,600

Construction almost complete. Practical completion to be achieved early September.

289 CSR Quarry Reserve - Implementation Stage 4 $439,120

Viewing platform complete except for handrail capping. Design of lakeside boardwalk underway.

315 The Basin Progress Hall – Reconfiguration of Main Entrance (Stage 1 Design). $40,000

Architect to be appointed for design work to commence October.

316 Stud Road, Rowville - Sunshine Street to Timbertop Drive - Footpath $10,000

The plan of subdivision land title transfer from the adjacent developer has been lodged with Council. Currently working through the approval process.

343 Eildon Park Storm Water Harvesting - Stage 2 $28,148

Surplus Grant funds to be returned to the Federal Government. 345 Asbestos Removal $100,000

Program scheduled to commence mid September. 347 Miscellaneous Industrial Roads - Pavement Rehabilitation $250,000

Work will commence in line with the Road Resurfacing Contract which is set to commence mid October 2013.


353 Avalon/Stamford/Stud Road Intersection Modification $116,000

This project is to be undertaken after the Rowville Plan has been prepared and adopted by council.

355 Eastern Recreation Precinct - Indoor Sports Stadium $35,000

Project to undertake cladding to basketball court wall commenced but delayed. Due for completion by mid September.

369 Carrington Park Reserve - Master Plan $70,000

Draft consultant's brief for masterplan currently being developed. 376 Murrindal Playroom Extension (Stage - Two) $309,265

Scoping and quotations underway. 393 Tirhatuan Drive (No 18) Rowville - Drainage Upgrade $366,296

Detail design nearing completion and awaiting outcome of consultation and structural reports. Final design and estimate to be confirmed on Melbourne Water approval of plans and estimate.

409 Parks Furniture Renewal $75,000

Deteriorated furniture for replacement to be identified in annual audit.

410 Parks Signage Renewal $70,000

Signs identified in annual audit as deteriorated or not meeting current standards to be replaced. Expect to have complete list by mid September.

412 Water Sensitive Urban Design Renewal $150,000

Minor Renewals Project 1: Bayswater Park (Marie Wallace Reserve). To convert old dry creek bed of Dandenong Creek system into a new stormwater treatment wetland. Site investigations, internal consultation, concept and detailed designs now completed. Currently seeking quotes. Estimated construction to start in November with completion by end of December.


415 Wellington Road / Eastlink - Shared Path $15,057

Project complete. 418 Guy Turner Reserve (Stage 3) Masterplan Implementation $387,220

Stage 2 Phyllis Street entry works have reached practical completion. Stage 3 about to commence.

439 Rowville Recreation Reserve No 1 - Renovation $70,000

Design work underway for the pump for Rowville Recreation Reserve second oval. Re-establishment progressing well with turf on oval No.1.

441 Tim Neville Arboretum Masterplan Implementation $372,515

Final lighting fixtures expected to be installed in mid September. Landscape architect engaged to design BBQ/Picnic areas.

443 Reserves Paths Renewal $50,000

Works programmed for March/April 2014. 446 Orana Neighbourhood House - Design & Construction $100,000

Awaiting quotations for design. 455 Parks Cres, Cypress Ave, Boronia - Drainage Upgrade $105,979

Detailed design for Stage 1 underway. 459 Ferntree Gully Road (No. 1825) - Drainage Upgrade $824,194

Design for Stage 2 underway. 479 Thomas Street, Ferntree Gully - Rehabilitation $30,000

Practical completion achieved 23 August. Planting initiated but not yet complete.


484 Hampden Court, Rowville - Rehabilitation $60,000

Construction works are scheduled between November 2013 and January 2014.

485 Cairn Curren Close, Rowville - Rehabilitation $200,000

Detailed design completed - consultation commenced with further consultation on tree replacement program to follow.

486 Tali Karng Close, Rowville - Rehabilitation $200,000

Detailed design completed - consultation commenced with further consultation on tree replacement program to follow.

487 Ranceby Close, Rowville - Rehabilitation $40,000


488 Camley Court, Rowville - Rehabilitation $64,000


489 Wells Avenue, Boronia - Rehabilitation Design $300,000

Detailed design underway. 490 DDA Footpath Modifications $100,000

2013/14 program to commence in August. Waiting on works program from Traffic & Transport.

492 Compliance to Food Act - Various Buildings $25,000

Works will be undertaken as part of kitchen refits at various buidlings. Expected expenditure between October to January.


494 Cathies Lane - Landfill Rehabilitation Works $200,000

Landfill Gas Remediation Action Plan adopted which outlines steps to manage landfill gas. Monitoring now on a quarterly basis. Leachate pump test completed and waiting on results to inform the design of the leachate extraction system.

495 Fencing Replacement in Early Years Facilities - Scope and Implementation $24,000

Priority listing being determined/revisited with view to run a two stage implementation program over December and April school holidays.

496 Blind Replacement in Early Years Facilities - Scope and Implementation $22,000

Priority listing being determined/revisited with view to installation being undertaken in December/January holidays

498 Knox Park Soccer Floodlight Upgrade $201,260

Remainder of project will be delivered after the completion of the ground renervations around November.

502 Knox Gymnastic Centre Car Park - Flood Lighting Design $23,000

Project completed.

505 West Gully Preschool Playroom Development - Scope and Detailed Design $17,223

Scoping to be completed. Architect to commence end September. 508 Bayswater Pre School - Building Construction $811,951

Contractor appointed, works commenced. 509 Bayswater Pre School - Car Park Construction $200,000

Design finalised with School consulted. Construction works planned for completion by end of September school holidays.


512 High Street Road Shared Path $58,000

Waiting on fencing to complete project. 516 Rumann and Benedikt Reserves - Open Space Upgrade $100,000

Draft masterplan out for final feedback from community. 517 Emerson Place Reserve - Open Space Upgrade $100,170

Construction to be complete in September 2013. 518 Heany Park $80,000

Detail design almost complete for shelter refurbishment. Consultation continuing with Scouts and other stakeholders.

519 Chandler Park - Open Space Upgrade Design $92,000

Draft masterplan prepared for community consultation. 520 Mountain Gate Major Activity Centre - Consultation and Design $154,809

The Place Program and Streetscape Masterplan project will be complete in early October. A brief is being prepared for the detailed design of the Streetscape Masterplan which will also be ready in early October.

521 Alchester Village - Place Management $7,773

The Alchester Village project is on schdule to be complete by the end of September with a Council Report in October.

522 John Street (No.7), Upper Ferntree Gully - Drainage Upgrade $33,150

Quotes obtained and are currently being assessed. 523 Summit Court (No.5), Boronia - Drainage Upgrade $35,915

Project abandoned due to high cost and extent of tree removal required.


524 Stud Road (No.83), Bayswater - Drainage Design $18,437

Design complete. 525 Cardiff / Herbert Streets Catchment Improvements $25,000

Catchment analysis well underway. Request for level survey made and being undertaken by Project Delivery.

529 Dobson Reserve - Stormwater Harvesting Design $575,000

Consultant appointed, design commenced. 532 Sheffield Road, The Basin - Water Sensitive Urban Design $14,911

Project complete. 534 Oval Renovation Design $30,000

Surveys for reserves planned for New Year. 535 Renewal of Tennis Courts $344,624

Several projects in Active Sports renewals including, Scoresby Tennis Club improvements, Lewis Park cricket net and netball upgrade.

536 Parkland Asset Renewal $163,000

Landscape architect engaged for garden upgrade at Timothy/Jenola Reserve. Planting to be undertaken at Golding Reserve to complete the 2012/13 landscaping program. Approximately 5000 tubes to used to infill garden areas along shared path between Wattletree Road and Underwood Road.

537 Bush Boulevard $25,000

Areas to be infilled with plants of local providence. Plants to be propagated for planting in Autumn/Winter 2014. Projects include Burwood Highway


539 Cricket Run-up Renewal $56,000

Cricket run ups scoping underway for Tormore Reserve and Kings Park.

541 Civic Centre Structural Works $968,752

Foundations completed, services relocated, steelwork erection underway.

543 Llewellyn Park - Landfill Rehabilitation Works $200,000

Landfill Gas Remediation Action Plan adopted. Monitoring now on a quarterly basis. Leachate pump test still to be undertake.

545 Lewis Park Pavilion Upgrade $150,000

Quotations being sourced. 547 War Memorial $10,000

Detail design underway. Specialist materials ordered. 548 Hindmarsh Street, Rowville - Rehabilitation $300,000

Survey completed and detailed design underway. 550 Golden Grove, The Basin – Rehabilitation Design $30,000

Preparing documentation for design brief. 551 Blackwood Park Road, Rowville – Rehabilitation Design $5,000

Design to commence in New Year. 552 Windermere Drive, Ferntree Gully – Rehabilitation Design $15,000

Design to commence in New Year. 553 St Davids Drive, Wantirna – Rehabilitation Design $5,000

Survey about to commence.


554 Inchcape Avenue, Wantirna – Rehabilitation Design $5,000

Survey about to commence. 555 Inchcape Avenue, Wantirna – Rehabilitation Design $25,000

Design to commence in New Year. 556 Dudley Avenue, Wantirna – Rehabilitation Design $15,000

Design to commence in New Year. 557 Botany Court, Wantirna – Rehabilitation Design $10,000

Design to commence in New Year. 558 Hoad Court, Wantirna – Rehabilitation Design $3,000

Design to commence in New Year. 559 Hadlow Drive, Wantirna – Rehabilitation Design $20,000

Design to commence in New Year. 560 Roxburgh Road, Wantirna – Rehabilitation Design $20,000

Design to commence in New Year. 561 Benmore Place, Wantirna – Rehabilitation Design $3,000

Design to commence in New Year. 562 Elsie Road, Boronia – Pavement Investigation $2,000

Consultant appointed for detailed pavement investigaton. 563 Underwood Road, Boronia – Pavement Investigation $5,000

Consultant appointed for detailed pavement investigation.


564 Knox Park Reserve Renovation $900,000

Detailed design for soccer ovals including re-shaping, irrigation and drainage, nearing completion.

565 Renewal of Retaining walls. $65,000

Priority works currently being confirmed for this program. 566 Artwork Renewal $10,000

Priority works are to be confirmed for this program. 568 Early Years Facility Office/Storage Upgrade $121,000

Scoping commenced. 569 Stamford Park Homestead - Sprinkler System $135,000

A fire engineering consultant has been engaged to prepare working documentation, including a Building Permit Application, for the upgrade.

570 Fairpark Reserve Floodlighting Upgrade $300,000

Tender closes 17 September. 571 Picketts Reserve Floodlighting (Design) $10,000

Design scheduled to commence in October. 572 Tennis Plan Implementation Program $100,000

Design underway for following aspects: (1) Tennis court widening to correct standards for courts 6 - 8; (2) Fencing upgrade - quotes to be sought; (3) Lighting upgrade design - brief prepared and quotes to be sought.

573 Wally Tew Reserve Floodlighting (Design) $10,000

Design scheduled to commence in October.


574 Placemakers Shed – Storage Extension $20,000

Works scheduled to commence in mid September. 575 Knox LeisureWorks – Disabled change room $150,000

Architect to be appointed. Design work to commence October. 576 Early Years Facility Emergency Warning System $5,000

Scoping to commence end September. 577 Alchester Village Preschool – Undercover Extension $55,000

Design work to commence mid September. 578 Forest Road bus stop access $20,000

Construction works programmed to commence by March 2014. 579 Springfield Road bus stop connection No.1 $17,000

Construction works programmed to commence in November. 580 Springfield Road bus stop connection No.2 $16,000

Construction works programmed to commence in November. 581 Napoleon Road bus stop connection No.1 $24,000

Construction works programmed to commence in September. 582 Napoleon Road bus stop connection No.2 $9,000

Construction works programmed to commence in September. 583 Cathies Lane bus stop connection $12,000

Footpath construction completed.


584 Tormore Reserve – Masterplan Development $30,000

Concept design underway. 585 Llewellyn Reserve – Masterplan Development $40,000

Concept design underway. 587 Upper FTG Neighbourhood Activity Centre $50,000

The start date for this project is highly conditional on the Upper Ferntree Gully Structure Plan.

588 GIS Upgrade $250,000

Project has commenced. Tender has been issued.

589 Knox Early Years (KEYs) Online $375,000

Project has commended. Tender documentation is scheduled to be issued on 10 August.

590 Studfield Carpark $90,440

Detailed design completed and plans signed. Waiting to receive quote for approval. Construction works programmed for October - November.

591 Scoresby Recreation Reserve Car Park $77,000

Scoping entrance design to supplement renewal works. Survey has commenced and design to follow. Construction planned for April 2014.

593 Marie Wallace Bayswater Park – Masterplan Development $35,000

Project scoping underway.


594 Selkirk Avenue, Wantirna - Rehabilitation $173,000

Survey completed and detailed design underway. 595 Walker Reserve Boundary Netting $40,000

Risk mitigation project related to overhitting of cricket balls at Walker Reserve.


12. MOTIONS FOR WHICH NOTICE HAS PREVIOUSLY BEEN GIVEN

Nil.

13. SUPPLEMENTARY ITEMS

Nil.

14. URGENT BUSINESS

14.1 URGENT BUSINESS

Nil.

14.2 CALL UP ITEMS

14.2.1 LOCAL DRAINAGE ISSUES MOVED: CR. SEYMOUR SECONDED: CR. MORTIMORE

That Council:

1. receives a report that provides Council with an overview of key issues in regard to its local drainage network, including

· key issues impacting on the local drainage network;

· Council’s current programs, both operational and capital, that are in place to manage the local drainage network and any service gaps;

· the extent of identified projects that are included in the Capital Works Program for the upgrade of the local drainage network and the associated budget implications;

· the historical spend on upgrade of the local drainage network;

· current policies that are in place that inform the management of the local drainage network;

· recommended options/actions for Council’s consideration;

2. that this report is to be provided to Council at the 17 December 2013 Ordinary Meeting of Council.

CARRIED


15. QUESTIONS WITHOUT NOTICE

Nil.

MEETING CLOSED AT 8.16PM

Minutes of Meeting confirmed at the Ordinary Meeting of Council

held on Tuesday 22 October, 2013

………………………………… Chairman

Documents

KNOX CITY COUNCIL€¦ · minutes for the ordinary meeting of council to be held at the civic centre, 511 burwood highway, wantirna south on tuesday 24 september 2013 at 7.00 p.m