Agenda

Monday, 29 January 2018

Ordinary Meeting of Council Council Chambers, Ivanhoe Service Centre 275 Upper Heidelberg Road, Ivanhoe

- Council Meeting commencing at 7.00pm

- Public Forum commencing at the conclusion of the Council Meeting

Acknowledgement of the Traditional Owner, the Wurundjeri willam people

"Our Meeting is being held on the Traditional Land of the Wurundjeri willam people, and on behalf of Banyule City Council, I wish to acknowledge them as the Traditional Owners. I would also like to pay my respects to the Wurundjeri Elders, past and present, and to the Elders of other Aboriginal peoples who may be here today.”

Apologies and Leave of Absence

Confirmation of Minutes Ordinary Meeting of Council held 11 December 2017

Disclosure of Interests

1. Urgent Business

REPORTS:

2. Petitions 2.1 Waterdale Road, Ivanhoe - Concerns with the Draft Ivanhoe Parking Plan ...... 5 2.2 111-113 Waterdale Road, Ivanhoe - Proposed Discontinuance and Sale - Petition ...... 7 3. People – Community Strengthening and Support Nil 4. Planet – Environmental Sustainability Nil 5. Place – Sustainable Amenity and Built Environment 5.1 7-9 Reichelt Avenue, Montmorency - Construction of Four Double Storey Dwellings and Removal of Native Vegetation (695/2017) .. 9 5.2 North East Link and Transport Advocacy Funding ...... 17 5.3 253 Greensborough Road, Macleod - Notice of Intention to Lease - Proposed Telecommunications Facility ...... 26 5.4 Kenmare Street, Watsonia - Traffic Management Treatments ..... 32 5.5 Banyule's Public Toilet Plan ...... 36 6. Participation – Community Involvement in Community Life Nil 7. Performance - Use Our Resources Wisely 7.1 RW058 Proposed Discontinuance Adjacent to 111-113 Waterdale Road, Ivanhoe - Hearing of Submissions ...... 41 7.2 89 Wungan Street, Macleod (Part) - Proposed Sale of Land ...... 46 7.3 72 Main Street, Greensborough - Part Sale of Land ...... 52 7.4 6 & 8 Elizabeth Grove, Bundoora - proposed discontinuance and sale of resultant land ...... 56 7.5 12 Lorimer Street, Greensborough - Part Sale of Land ...... 61 7.6 Award of Contract No 0932-2018 - Refurbishment Works at Elder Street Pavilion...... 65 7.7 Award of Contract No 0939-2018 - Refurbishment Works at Gabonia Avenue Pavilion ...... 70 7.8 Independent Audit & Risk Committee Member...... 75 7.9 Items for Noting ...... 78 7.10 Assembly of Councillors ...... 81

Ordinary Meeting of Council - 29 January 2018 Page 2

8. Sealing of Documents 8.1 Sealing of Documents ...... 85 9. Notices of Motion Nil

10. General Business

Closure of Meeting

Audio Recording of Council Meetings Please note that all Council Meetings are audio recorded, with the exception of matters identified as confidential items on the Agenda. This includes public participation during the meeting. These recordings will be made available on Council’s website www.banyule.vic.gov.au.

The next Ordinary Meeting of Council will be held on Monday, 19 February 2018.

Ordinary Meeting of Council - 29 January 2018 Page 3

Petitions

2.1 WATERDALE ROAD, IVANHOE - CONCERNS WITH THE DRAFT IVANHOE PARKING PLAN

Author: Gourav Mongia - Traffic and Transport Engineer, City Development Ward: Griffin

EXECUTIVE SUMMARY

A petition with 36 signatures has been received on 10 January 2018 requesting Council to not consider reducing the parking from 3 hours to 2 hours at the carpark on the corner of Waterdale Road and Norman Street, Ivanhoe, located behind the Ivanhoe Uniting Church.

This petition can be considered as feedback for the Draft Ivanhoe Parking Plan.

RECOMMENDATION

That Council:

1. Receives and notes the petition.

2. Considers the petition received as feedback for the Draft Ivanhoe Parking Plan.

3. Advise the primary petitioner of this resolution.

CURRENT SITUATION

A petition with 36 signatures has been received on 10 January 2018 requesting Council to not consider reducing the parking from 3 hours to 2 hours at the carpark on the corner of Waterdale Road and Norman Street, Ivanhoe, located behind the Ivanhoe Uniting Church. A locality plan is provided in Figure 1.

Figure 1: Locality plan of the Ivanhoe Uniting Church and carpark

Ordinary Meeting of Council - 29 January 2018 Page 5 Petitions

WATERDALE ROAD, IVANHOE - CONCERNS WITH THE DRAFT IVANHOE PARKING PLAN cont’d

The petition prayer is as follows:

“We the undersigned parishioners of Ivanhoe Uniting Church (IUC) and/or users of the Church Community facilities request the Mayor and Councillors of the City of Banyule to not reduce the parking period of the Council car park at 109 Waterdale Road Ivanhoe (behind IUC) from 3Hours (sic) to 2 Hours as the stated reason to deter long stay events, is contrary to long standing use by the Church and community.”

DISCUSSION

The Ivanhoe Parking Plan is being developed to guide parking management in and around the Ivanhoe Activity Centre. It has involved investigating the availability of car parking spaces and how they are used. Recommendations around parking management are being developed to ensure that Ivanhoe remains an attractive place to visit with good access to shops and services.

Council is consulting with the local community on the draft plan until 5 March 2018. The feedback received via the petition will be taken into consideration, with other feedback received for the Draft Ivanhoe Parking Plan.

Following the consultation, a report will be put to Council to adopt the Ivanhoe Parking Plan that takes into consideration feedback received during the consultation period. Once an Ivanhoe Parking Plan has been adopted, any parking changes will be subject to further detailed consultation with owners/occupiers directly affected by the specific changes.

ATTACHMENTS Nil

Ordinary Meeting of Council - 29 January 2018 Page 6 Petitions

2.2 111-113 WATERDALE ROAD, IVANHOE - PROPOSED DISCONTINUANCE AND SALE - PETITION

Author: Amanda Allen - Property Coordinator, City Development Ward: Griffin

EXECUTIVE SUMMARY

A petition with 2 signatures has been received from residents of Ivanhoe.

The intent of the petition is to raise with Council, residents’ concerns about the proposed discontinuance and sale of a section of the road/right of way to the abutting owner at 111-113 Waterdale Road, Ivanhoe.

RECOMMENDATION

That Council

1. Receives and notes the petition.

2. Consider the issues raised as part of the submissions to the Road Discontinuance being separately considered at this meeting.

3. Advises the lead petitioner of Council’s resolution.

The petition prayer is as follows:

“We, the undersigned, Residents of Banyule, and/or users of Waterdale Rd, users of the Right of Way (Town Hall to Coles), and users of the footpath – adjacent to 111- 113 Waterdale Road, Ivanhoe, - (The old Maternal and Child Health Centre, which is now a privately run women’s health clinic), petition, and request, the Mayor and Councillors of the City of Banyule, to not sell this Right of Way splay adjacent to, and south of, 111-113 Waterdale Road Ivanhoe.

This public space is required to provide clear lines of sight for both drivers and pedestrians on both Waterdale Rd and the ROW. I.E To avoid vehicle and vehicle- pedestrian conflict and to allow efficient and safe traffic circulation and deliveries through the shopping precinct. The splay Island is essential for the safe crossing of the fairly narrow Waterdale Rd footpath at this point – as an out-of-the-way safety island refuge for Waterdale Rd pedestrians, crossing the ROW, and also for collected pedestrians who are using the excellent view-lines of this site, to cross Waterdale Rd itself.

Ordinary Meeting of Council - 29 January 2018 Page 7 Petitions

111-113 WATERDALE ROAD, IVANHOE - PROPOSED DISCONTINUANCE AND SALE - PETITION cont’d

The site is heavily used by visitors to the community centre opposite, and by local children and parents attending the Ivanhoe Primary School, notably at peak traffic times, and with very little adequate parking space for parents near the school. The school has a large and diverse catchment address and being convenient to the shops, allows for quick after school access to the local shops with parents doing the evening shop. This period is one of the most intense of the days’ traffic peaks.

Whatever the lands’ current use, the site as an access point and public space – should be retained in Council hands for the better delivery of public outcomes rather than sold for commercial use – with whatever caveats may now be able to be impose – but which may alter wilt or be challenged.”

DISCUSSION

The petition, received outside of the formal submission period, is in response to the public notice of Council’s intention to discontinue and sell the section of ‘road’ to the adjacent property owner at 111-113 Waterdale Road, Ivanhoe.

The owner of 111-113 has approached Council to purchase the land and prior to, has had informal pre-application discussions with the planning department regarding development of the site.

The 38m2 of Land is proposed to be sold at market value with the applicant to cover any additional costs relating to the discontinuance and sale.

As the Hearing of Submissions in relation to the proposed discontinuance and sale of 111-113 Waterdale Road, Ivanhoe, is being considered at this meeting, it is fitting that this petition be tabled also.

It is proposed that Council will consider the discontinuance and sale of the right of way/road or its retention for municipal purposes at a future Council meeting.

ATTACHMENTS Nil

Ordinary Meeting of Council - 29 January 2018 Page 8 Place – Sustainable Amenity and Built Environment

5.1 7-9 REICHELT AVENUE, MONTMORENCY - CONSTRUCTION OF FOUR DOUBLE STOREY DWELLINGS AND REMOVAL OF NATIVE VEGETATION (695/2017)

Author: Harjinder Singh - Development Planner Team Leader, City Development Ward: Hawdon

EXECUTIVE SUMMARY

The proposal is for the construction of four (4) dwellings, associated vegetation removal, buildings with a height greater than 8 metres above natural ground level and construction of a retaining wall within 10 metres of the front boundary.

The application was notified to all the adjoining properties and three objections were received by the Council.

The proposal fails to achieve an appropriate balance between competing State and Local planning policies and does not incorporate adequate regard to the provisions of the Residential Neighbourhood Character Policy and ResCode. In particular, the scale of upper storeys, reliance on three vehicle crossings and a lack of opportunities for the planting of large canopy trees is considered to result in an unacceptable neighbourhood character outcome.

RECOMMENDATION

That Council having complied with Section 52, 58, 60, 61 and 62 of the Planning and Environment Act 1987, issue a Refusal to Grant a Planning Permit in respect of Application No. P695/2017 for the construction of four (4) dwellings, associated vegetation removal, buildings with a height greater than 8 metres above natural ground level and construction of a retaining wall within 10 metres of the front boundary at 7-9 Reichelt Avenue MONTMORENCY, on the following grounds:

Strategic context

1. The site is not appropriate for the scale and density of development proposed and is contrary to the Residential Areas Framework at Clause 21.06-2 of the Banyule Planning Scheme.

Mass, bulk, scale and neighbourhood character

2. The mass, bulk and scale of the built form of the proposal is contrary to both the existing and preferred character of the neighbourhood and would erode the spacious and well landscaped character and have an adverse visual impact on the streetscape contrary to Clauses 15.01-1 – Urban Design, 21.04-1 – Housing, 22.02 - Residential Neighbourhood Character Policy and Standards B1 – Neighbourhood Character and Standard B8 – Site coverage of Clause 55 (ResCode) of the Banyule Planning Scheme.

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7-9 REICHELT AVENUE, MONTMORENCY - CONSTRUCTION OF FOUR DOUBLE STOREY DWELLINGS AND REMOVAL OF NATIVE VEGETATION (695/2017) cont’d

Open space/landscaping

3. Inadequate space has been provided throughout the development to provide canopy tree planting and landscaping to adequately soften views of the development from the street and neighbouring land and enhance the landscape character of the area, contrary to Clauses 21.04-1 – Housing, 21.06 – Built Environment, 22.02 – Residential Neighbourhood Character Policy, 42.02 –Vegetation Protection Overlay – Schedule 1, 43.02 Design and Development Overlay – Schedule 8, and Standard B13 – Landscaping of Clause 55 (ResCode) of the Banyule Planning Scheme.

Vehicular access and landscaping

4. The proposed vehicular access to the development reduces the opportunity for landscaping and canopy tree planting within the front set back of the development and would have a detrimental impact upon the existing and preferred character of the neighbourhood contrary to Clauses 15.01-1 – Urban Design, 21.04-1 – Housing, 22.02 - Residential Neighbourhood Character Policy and Standards B1 – Neighbourhood Character, Standard B5 – Integration with the street, Standard B13 –Landscaping, Standard B14 – Access of Clause 55 (ResCode) of the Banyule Planning Scheme.

General ResCode non compliance

5. The proposal fails to comply with the ResCode standards including Standard B1 ‘Neighbourhood Character’, Standard B2 ‘Residential Policy’, Standard B5 ‘Integration with the street’, Standard B8 ‘Site Coverage’, Standard B13 ‘Landscaping’ and Standard B14 ‘Access’ of the Banyule Planning Scheme.

Car parking/access/manoeuvring space

6. The proposed development would provide an excessive number of vehicle crossings, contrary to Clause 22.02 of the Banyule Planning Scheme and Councils Residential Vehicle Crossing Policy 2012.

Ordinary Meeting of Council - 29 January 2018 Page 10 Place – Sustainable Amenity and Built Environment

7-9 REICHELT AVENUE, MONTMORENCY - CONSTRUCTION OF FOUR DOUBLE STOREY DWELLINGS AND REMOVAL OF NATIVE VEGETATION (695/2017) cont’d

Planning Permit Application: P695/2017 Development Planner: Harjinder Singh Address: 7-9 Reichelt Avenue, MONTMORENCY Proposal: Construction of four (4) dwellings, associated vegetation removal, buildings with a height greater than 8 metres above natural ground level and construction of a retaining wall within 10 metres of the front boundary. Existing Use/Development: Single dwelling Applicant: IKonomidis Reid Zoning: Neighbourhood Residential (NRZ3) Overlays: Vegetation Protection Overlay (VPO) Design and Development Overlay (DDO) Notification (Advertising): Sign on site Notices to surrounding properties Objections Received: Three (3) Ward: Hawdon

The application seeks approval for the construction of four double storey dwellings. Three vehicle accessways are proposed to provide vehicular access to the proposed development. Dwellings 1 and 4 are proposed to be provided separate access whilst a shared accessway is proposed for Dwellings 2 and 4. A retaining wall within 10 metres of the front boundary is also proposed as well as the removal of vegetation.

The details of the proposal are summarised as follows:

Dwelling Height Bedrooms Car Parking Secluded Private Open Space Dwelling 1 Double storey 4 Double 91m2 Garage Dwelling 2 Double storey 4 Double 77m2 Garage Dwelling 3 Double storey 4 Double 77m2 Garage Dwelling 3 Double storey 4 Double 91m2 Garage

Site Area (m2) Dwelling %Site Total Garden Area Density overage Impervious Area 1393.5m2 1:348.3m2 40.27% 56.19% 40.50%

A copy of the architectural plans and shadow diagrams form Attachment 1 to this report.

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7-9 REICHELT AVENUE, MONTMORENCY - CONSTRUCTION OF FOUR DOUBLE STOREY DWELLINGS AND REMOVAL OF NATIVE VEGETATION (695/2017) cont’d

OFFICER DECLARATION OF CONFLICT OF INTEREST

Section 80C of the Local Government Act 1989 requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates.

Council officers involved in the preparation of this report have no conflict of interest in this matter.

BACKGROUND

There have been no previous applications for the site.

Below is a 2017 aerial photograph of the site and surrounds:

SUBJECT SITE AND SURROUNDING AREA

The subject site is a double size regular shaped lot located on the north -west side of Reichelt Avenue with a frontage of 30.48 metres and a depth of 45.72 metres, giving an overall site yield of 1393.5 square metres.

The subject site currently has a single dwelling and outbuildings including a double garage, a weatherboard bungalow and a garden shed.

The land has a 4m slope falling from the street towards its rear boundary and has obvious change in grade.

Access is currently via two bitumen crossings off Reichelt Avenue located on the eastern and western sides of the site.

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7-9 REICHELT AVENUE, MONTMORENCY - CONSTRUCTION OF FOUR DOUBLE STOREY DWELLINGS AND REMOVAL OF NATIVE VEGETATION (695/2017) cont’d

The site largely comprises grass cover however the site does contain four trees protected under the Vegetation Protection Overlay controls. The trees are proposed to be removed.

There is a 1.83 metre wide easement adjacent to the northern (rear) site boundary.

Surrounding properties are residential and comprise a mix of architectural styles from the 1950s onwards. However the predominant form is single storey, detached dwellings set within largely bush gardens containing mostly canopy trees and medium scale vegetation. The site has reasonable access to local shops and community facilities

PUBLIC NOTIFICATION

Public notification was conducted in accordance with section 52 of the Planning & Environment Act 1987 (the Act) by means of erecting a sign on the site and posting notices to owners and occupiers of surrounding properties.

To date, three (3) objections have been received.

Grounds of objection are summarised as follows:

 Overdevelopment - excessive development and excessive tree removal  Neighbourhood character (the area is characterised by low-density dwellings with large backyards and mature plantings of trees)  Limited setbacks from rear site boundary  Overlooking and loss of privacy  Increased traffic and congestion in surrounding area  Plantings proposed along rear boundary will impinge upon neighbouring backyard  Reduced habitat for wildlife

It is considered that there is merit in considering some of the concerns raised by the objectors specifically relating to the scale of density, neighbourhood character and inadequate provision of significant vegetation. The issues raised by the objectors form part of the assessment.

REFERRAL COMMENTS

ENGINEERING SERVICES Council’s Engineering Services Section have reviewed the proposal and raised no major concerns. Formal comments are available on file. Standard conditions relating to access, parking areas and drainage requested are to be included on any approval issued.

DEVELOPMENT PLANNING ARBORIST Council’s Development Planning Arborist has advised that there appears to be a lot of excavation occurring throughout the site. Whilst many of the cuts are not within the TPZs of Trees #1, #2 and #7 they appear to come close to the trees. Removal of trees #3, #4, #5 and #6 is supported given their low retention value.

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7-9 REICHELT AVENUE, MONTMORENCY - CONSTRUCTION OF FOUR DOUBLE STOREY DWELLINGS AND REMOVAL OF NATIVE VEGETATION (695/2017) cont’d

PLANNING CONTROLS

The planning controls applicable to the site are outlined in Table 1 below:

Table 1: Applicable Planning Controls

Control Clause Permit Triggered Neighbourhood Residential 32.09 Yes Zone (NRZ3) Vegetation Protection Overlay 42.02 Yes (VPO) – Schedule 1 Design and Development 43.02 Yes Overlay (DDO) – Schedule 8 Clause 52.06: Car parking 52.06 No

PLANNING POLICIES CONSIDERED

The planning policies considered for this development are outlined in Table 2 below:

Table 2: Relevant Planning Scheme Policy

Policy Clause SPPF Settlement 11 Environmental and Landscape values 12 Built Environment and Heritage 15 Housing 16 LPPF Land Use 21.04 Natural Environment 21.05 Built Environment (Built Incremental Area) 21.06 Residential Neighbourhood Character Policy (Semi Bush 22.02 Precinct) Safer Design Policy 22.03 Environmentally Sustainable Design 22.05 ResCode 55

A detailed assessment against the Clause 22.02 - Residential Neighbourhood Character Policy and Clause 55 – ResCode of the Banyule Planning Scheme form Attachments 2 and 3 to this report.

TECHNICAL CONSIDERATION

RESPONSE TO POLICY FRAMEWORK It is considered that the proposed development fails to strike an appropriate balance between competing State and Local Planning Policies. Although it is acknowledged that the development contributes to urban consolidation and housing diversity, the location of the site and proximity to services (as noted in the table above) warrants greater consideration of neighbourhood character and residential amenity. It is considered that the proposal has failed to address this, as noted within the attached Clause 55 and Residential Neighbourhood Character Policy assessment.

Ordinary Meeting of Council - 29 January 2018 Page 14 Place – Sustainable Amenity and Built Environment

7-9 REICHELT AVENUE, MONTMORENCY - CONSTRUCTION OF FOUR DOUBLE STOREY DWELLINGS AND REMOVAL OF NATIVE VEGETATION (695/2017) cont’d

NEIGHBOURHOOD CHARACTER

The proposal fails to meet the objectives of Council’s Neighbourhood Character Policy. A detailed assessment against the Policy is included as an attachment to this report. Key areas which have not been sufficiently addressed are:

Built form and scale

The mass, bulk and scale of the built form of the proposed development is contrary to both the existing and preferred character of the neighbourhood. Whilst some double storey dwellings are found within the streetscape, the proposed upper storey size of Dwellings 1-4 are excessive and impose a dominant built form presentation.

The top floor of all the four dwellings is quite heavy and contrary to the policy objective which seeks top floors to be modest. The policy specifically directs that the rear upper levels must be modest in size which is not the case in this instance. Even as compared to a recent development to the adjoining west, the upper section of each dwelling is significantly greater in size.

The development proposed is very boxy and there is lack of adequate recession at the upper levels of all the four dwellings. Each dwelling proposed is effectively a five bedroom dwelling.

There is very little visual differentiation between dwellings 1 and 4 facing the street. The only marked difference between the two dwellings is subtle differences in upper storey window fenestration. This is not considered to be in keeping with the preferred outcome.

It is also considered that the positioning of garages on the boundary at the front of the site impacts on the rhythm of dwelling spacing in the street.

It is considered that the proposed development would erode the spacious and well landscaped character and have an adverse visual impact on the streetscape.

Vehicle crossings

The proposal provides three vehicle crossovers, contrary to Council’s Residential Vehicle Crossing Policy and limits the availability of landscaping areas within the sites frontage. The subject site could easily accommodate two crossovers each respectively servicing two dwellings, however the proposal presents a built form outcome which is excessive in its dominance of car parking and vehicle access and has a negative impact on the streetscape.

The proposal provides a poor vehicle access and parking outcome which is contrary to that envisaged for sites within Semi Bush areas.

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Tree plantings

The proposal provides limited plantings and fails to provide a sufficient level of canopy tree plantings. It is considered that given the site size and its context at least five large trees should be provided and only one large tree is proposed. The proposed outcome is contrary to the Semi Bush character of this area as well as the objective of the Design and Development Overlay – Schedule 8, that seeks to ensure that the heavily vegetated character of the area is respected by new development and the spaciousness and bush character of front gardens is maintained.

CONCLUSION

The proposed development does not adequately achieve an appropriate level of compliance with the relevant State and Local Planning Policies and fails to adequately address key objectives of Council’s Residential Neighbourhood Character Policy and Clause 55 of the Banyule Planning Scheme as detailed within the attachments to this report. As such, it is recommended that the application should not be supported.

ATTACHMENTS N Title Page o . 1 Attachment 1 - Plans ⇨

2 Attachment 2 - Neighbourhood Character Assessment ⇨

3 Attachment 3 - Clause 55 Assessment ⇨

Ordinary Meeting of Council - 29 January 2018 Page 16 Place – Sustainable Amenity and Built Environment

5.2 NORTH EAST LINK AND TRANSPORT ADVOCACY FUNDING

Author: Michelle Herbert - Senior Transport Engineer, City Development

Previous Items Council on 11 December 2017 (Item 4.1 - North East Link - Announcement of Corridor A as Victorian Government's preferred option.) Council on 16 October 2017 (Item 5.1 - North East Link - Council Response to the North East Link Technical Summary) Council on 28 August 2017 (Item 5.1 - North East Link Update) Council on 3 April 2017 (Item 5.2 - North East Link Project Action Plan) Council on 14 November 2016 (Item 5.5 - North East Link - Quarterly Update)

EXECUTIVE SUMMARY

On 24 November 2017, the Premier Daniel Andrews confirmed Corridor A as the Victorian Government’s preferred option for the North East Link.

The North East Link Authority has written to Council setting out the next steps for local government authorities in the delivery of the North East Link. These steps include: formation of community liaison groups, community forums and community engagement activities; development of governance arrangements; preparation of the Project Reference Design and Environmental Effects Statement; and formation of a Technical Reference Group.

The North East Link Authority has requested Council submit a detailed list of complementary projects and outputs which it would like to see incorporated in the project.

The North East Link Authority has also requested a proposal from Council detailing resource support required to ensure timely input over the coming months. A proposal has been put forward for a budget to meet Council’s resourcing requirements for the 2018 calendar year. While to date there has been no commitment from the North East Link Authority, it is essential that resourcing commences immediately to provide appropriate responses.

Council allocated $250,000 for transport advocacy in 2017/18 and a further allocation of $50,000 for the North East Link community survey. These funds have now been fully expended. Since the transport advocacy role was established in June 2016, Council has invested $400,000 in transport advocacy. The estimated financial benefits to Council achieved on the Hurstbridge Railway Line improvement project alone amount to around $5 million. It is considered appropriate to continue the transport advocacy function to advocate for general transport improvements and strongly advocate for improvements and complementary projects associated with the $16.5 billion North East Link - Corridor A option. There are a number of fundamental concerns and issues with Corridor Option A that still need to be clarified by the North East Link Authority.

Ordinary Meeting of Council - 29 January 2018 Page 17 Place – Sustainable Amenity and Built Environment

NORTH EAST LINK AND TRANSPORT ADVOCACY FUNDING cont’d

It is considered appropriate to allow the expenditure of additional funds to the end of June 2018 to supplement any funding shortfall in the Authority funding and advocate for improvements during the development of the North East Link project reference case and Environmental Effects Statement; and continue general transport advocacy.

It is also considered appropriate to allocate funding in the 2018/19 budget to continue to respond to the North East Link Authority and advocacy for improvements.

RECOMMENDATION

That Council:

1. Seek immediate response from the North East Link Authority with regard to key components of Corridor Option A and proposed design response.

2. Be directly involved in the development of the North East Link Corridor A and advocate for enhancements to achieve the best possible outcome for the community.

3. Allocate further funding, subject to the Chief Executive Officer’s discretion, to advocate for further improvements to the North East Link project and continue general transport advocacy during 2018.

4. Write to the North East Link Authority requesting confirmation of the level of resource support to be provided to Council.

5.

COUNCIL PLAN

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

BACKGROUND

Council’s long held position on the North East Link recognises the need to complete Melbourne’s Ring Road as a direct orbital link from the M80 Metropolitan Ring Road to EastLink at Ringwood. On 24 November 2017, the Premier Daniel Andrews confirmed Corridor A as the Victorian Government’s preferred option for the North East Link.

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NORTH EAST LINK AND TRANSPORT ADVOCACY FUNDING cont’d

Figure 1: Corridor A – Locality Plan (Courtesy North East Link Authority)

At its meeting of 11 December 2017, Council resolved as follows:

“That Council:

1. Notes that in the extensive community consultation it has undertaken, the majority of Banyule residents support a link from the end of the Western Ring Road in Greensborough to the Eastern Freeway / Eastlink.

2. Notes that in relation to the four options proposed by the North East Link Authority, over 8,500 Banyule residents responded to Council's survey with Option C receiving the strongest preference. 68% preferred a corridor option other than Corridor Option A. 3. Reaffirms its position that Corridor C is the best option to meet Melbourne's transport needs and the North East Link objectives, including meeting Melbourne's freight needs, encouraging public transport use and improving emergency access.

4. Notes that despite the overwhelming community feedback received on the options, as well as the long held position of Council informed by community feedback and considered analysis, the Victorian Government has announced that Option A is their preferred option for the link.

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NORTH EAST LINK AND TRANSPORT ADVOCACY FUNDING cont’d

5. Notes that Option A as currently understood by Council presents a number of issues for Banyule residents including: (i) compulsory acquisition of property in Greensborough and Watsonia North; (ii) the risk that access across the City of Banyule could be significantly reduced resulting in an increase in local traffic congestion hot spots; and (iii) risk of damage to precious environment and wildlife in the Banyule flats.

6. Writes to the North East Link Authority to: • Raise concerns regarding the issues with the process for selecting the preferred route including incomplete and inadequate analysis, insufficient data on options and inconsistent environmental assessment.

• Request more detailed information on the Corridor A alignment and the impacts on Banyule.

• Request additional community consultation sessions, including locations at Watsonia, Macleod and Rosanna.

7. Writes to the Premier and local State MPs requesting an immediate meeting with the Mayor and the CEO to discuss Council and the community’s concerns.”

In accordance with Part 6 and 7 of the Council resolution, a letter was sent to the North East Link Authority requesting information as detailed above, and to the Premier and local State MPs requesting immediate meetings to discuss Council and the community’s concerns. No meetings have been accepted or committed to at this stage.

LEGAL CONSIDERATION

There are no direct legal implications arising from the recommendation contained in this report.

HUMAN RIGHTS CHARTER

In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Victorian Charter of Human Rights and Responsibilities.

It is acknowledged that one of the fundamental rights in the Charter is Property Rights which stipulates that a person must not be deprived of his or her property other than in accordance with law.

The construction of the North East Link will impact significantly on a number of residents within Banyule, whose properties may be compulsorily acquired. Banyule is in active discussion with the North East Link Authority to provide assistance to affected residents.

DISCUSSION

Current Status

Significant enhancements to the Hurstbridge Railway Line improvement project have been achieved through Council’s advocacy (Attachment 1). The main improvements and estimated enhancement values are shown in Table 1.

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NORTH EAST LINK AND TRANSPORT ADVOCACY FUNDING cont’d

The Transport Advocacy Team has also managed the evaluation of documents for the Hurstbridge Railway Line improvement; prepared concept plans to advocate for a shared user path between Heidelberg and Rosanna; arranged the North East Link Forums; and prepared Council’s response to the North East Link Technical Summary.

Table 1 – Enhancements to the Hurstbridge Railway Line Estimated Enhancement Value Improved urban design outcomes. $1.0 M Additional landscaping and tree planting. $0.4 M Enhancements to the new Rosanna Station including two additional $0.5 M toilets and a social enterprise café. Improvements to Council’s drainage network. $1.5 M Turnham Avenue and Ellesmere Parade shared use paths (to date). $0.3 M Turnham Avenue Streetscape works. $0.6 M Beetham Parade/Lower Plenty Road signalisation. $0.8 M De Winton Reserve parking improvements. $0.5 M Undercroft landscaping on the north side of Lower Plenty Road linking $0.4 M to Rosanna Parklands. Total Estimated Enhancement Value $5.0 M

In addition, the Advocacy Team has advocated for improvements to the North East Link project; made significant progress in advocating for additions to the Hurstbridge Railway Line duplication between Greensborough and Eltham (including the development of a new Greensborough transport interchange); development of the Greensborough Transport Masterplan; advocated to VicRoads for other road network enhancements and improvements to bicycle routes around Banyule.

Council allocated $250,000 in the 2017/18 budget to fund this transport advocacy including the Transport Advocacy Manager role. A further allocation of up to $50,000 was approved for the North East Link resident survey. These funds have been fully committed as indicated in Table 2 below.

Ordinary Meeting of Council - 29 January 2018 Page 21 Place – Sustainable Amenity and Built Environment

NORTH EAST LINK AND TRANSPORT ADVOCACY FUNDING cont’d

Table 2 – Transport Advocacy 2017/18 Expenditure $ $ Task Expenditure Budget Transport Advocacy Manager position (including on-costs) $150,000 Evaluation of Hurstbridge Railway Line improvements $30,000 documents North East Link Forums $10,000 Concept plans for the Heidelberg to Rosanna bicycle path $20,000 Preparation of response to North East Link Technical $30,000 Summary Preparation of transport communications and advocacy $10,000 plan prior to Government’s preferred Corridor Option announcement Total $250,000 $250,000 North East Link resident survey $37,700 Total $37,700 $50,000

North East Link Response

The North East Link Authority has confirmed the arrangements for the delivery of the North East Link project (Attachment 2). In 2018, these steps will include:

 Formation of Community Liaison Groups.  Community Forums for the following areas of interest: o Environment. o Urban Design. o Cycling and Walking.  Ongoing Community Engagement Activities.  Governance arrangements – Regular briefings with Council.  Environmental Effects Statement (EES) process including the formation of a Technical Reference Group (TRG). o Council will have the opportunity to participate in a TRG as part of the EES process. An important aspect of the TRG is to provide advice around scoping requirements for the EES and review of technical studies across a range of matters.  Reference design and resourcing – Council participation in design working groups including: o Watsonia Station – access, car park and connectivity. o Pedestrian and cycling connectivity. o Traffic Management.

The North East Link Authority has requested Council submit a proposal detailing support resources required to ensure timely input over coming months. This is in recognition of the time and resources that Council will have to expend to respond to requests for information and be fully involved in the delivery of the North East Link.

Ordinary Meeting of Council - 29 January 2018 Page 22 Place – Sustainable Amenity and Built Environment

NORTH EAST LINK AND TRANSPORT ADVOCACY FUNDING cont’d

To best meet the unpredictable nature of the resource demands and the unknown timeframes for the provision of requests, it is considered that flexibility will be needed in the resource allocation, including the employment of consultants and contractors on an as-needs basis. A proposal, including a resourcing budget, has been put forward to North East Link Authority to meet the resourcing requirements during 2018. No response has been received from North East Link Authority to date. While it is expected that the North East Link Authority will provide some resource allocation, it may not fully meet the amount requested. Council funding may be required to supplement the funds provided as the cost of responding to the North East Link Authority requests for information.

A response was sent to the North East Link Authority (NELA) on 13 December 2017 setting out the proposed arrangements for Council to assist in the delivery of the North East Link project (Attachment 3). The North East Link will have a significant impact on Banyule and its community, not just in the areas suggested by NELA. Council is keen to ensure that appropriate public transport improvements are included in the project with additional train and bus infrastructure and services to address local and commuter traffic demands. There are also concerns about the impact of traffic accessing/exiting the four interchanges in or close to Banyule, causing increased traffic on local and arterial roads.

It is considered that there will be a significant impact on Council’s current limited resources to support NELA in the project development. It is anticipated that there will need to be input in the following discipline areas:

 Transport Planning  Traffic Engineering  Strategic Planning  Property  Drainage  Environmental  Open Space  Public Transport  Communications  Overall coordination and administration of Council’s response

North East Link Enhancements

The North East Link will have a significant impact on Banyule, as well as providing significant opportunities for enhancements to minimise the impacts and improve the urban environment. While any funding provided by the North East Link Authority will be used to input into its process (including attending meetings and reference groups); provide feedback on the EES; and assess information provided, it cannot be expected that the Authority will fund Council’s development and advocacy for project enhancements and against the project where there are concerns.

The North East Link Authority has requested Council submit a detailed list of complementary projects and outputs which it would like to see incorporated in the project. This detailed list can only be completed when Council is satisfied with responses to fundamental questions about the decision to select Option A and the proposed design detail.

Ordinary Meeting of Council - 29 January 2018 Page 23 Place – Sustainable Amenity and Built Environment

NORTH EAST LINK AND TRANSPORT ADVOCACY FUNDING cont’d

Significant work will be required to develop and justify project enhancements to influence the North East Link Authority to include them in the project scope. There are opportunities to include public transport, road network, shared path, open space, noise, environmental and other enhancements in the project. To properly advocate for these enhancements, input from the following disciplines will be required: transport planning, traffic engineering, strategic planning, property, drainage, environmental, open space, public transport and communications. In addition, it will be necessary to provide overall coordination and administration of any proposals.

To achieve the best possible community outcome, it is considered that the involvement of appropriate internal resources (with appropriate backfilling) and external consultants and contractors will require additional funding.

Ongoing Transport Advocacy

In addition to the advocacy regarding the North East Link, there are many other areas which require ongoing transport advocacy. These include:

 The design development for the Hurstbridge Railway Line improvements will continue for a further two months.  The Government is developing a business case for the duplication of the Hurstbridge line between Greensborough and Eltham, further advocacy is required to ensure the project delivers the best outcome for Greensborough, Montmorency and the impact on the adjacent road drainage networks.  Further development of the Burgundy Street road safety and pedestrian improvements and input into the Heidelberg Station precinct masterplanning.  LaTrobe NEIC Framework Plan - transport elements.  Other general public transport, road and sustainable transport improvements.

Funding Implications

Council’s $400,000 investment in the $295 million Hurstbridge Railway Line improvements in Banyule netted a financial benefits in the order of $5 million. The main opportunity to achieve commitment to improvements and complementary projects on the $16.5 billion North East Link project is during the next 12 months while the reference case and Environmental Effects Statement scoping are being developed.

While a proposal has been put to the North East Link Authority for an allocation of funding to meet Council’s resourcing requirements to respond to its requests for information during the EES process, the Authority may not provide the full amount requested.

It is considered appropriate to continue the transport advocacy function to strongly advocate for improvements to the $16.5 billion North East Link - Corridor A option and expend further funds to the end of June 2018 to supplement any funding shortfall in the Authority funding and advocate for improvements during the development of the project reference case and Environmental Effects Statement; and continue general transport advocacy.

It is also considered appropriate to allocate funds in the 2018/19 budget to continue the North East Link and general transport advocacy.

Ordinary Meeting of Council - 29 January 2018 Page 24 Place – Sustainable Amenity and Built Environment

NORTH EAST LINK AND TRANSPORT ADVOCACY FUNDING cont’d

LEGAL CONSIDERATION

There are no direct legal implications arising from the issues contained in this report.

TIMELINES

The North East Link project development will continue through the 2018 calendar year to the State Election in November 2018. Further work on the project will be subject to the outcome of the Election.

It is anticipated that the duplication of the Hurstbridge Railway Line between Greensborough and Eltham will be considered in the 2018 State budget process.

OFFICER DECLARATION OF CONFLICT OF INTEREST

Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates.

Council officers involved in the preparation of this report have no conflict of interest in this matter.

CONCLUSION

On 24 November 2017, the Premier Daniel Andrews confirmed Corridor A as the Victorian Government’s preferred option for the North East Link.

The North East Link Authority has written to Council setting out the next steps for local government authorities in the delivery of the North East Link. Additionally, the North East Link Authority has requested a proposal from Council detailing resource support required to ensure timely input over the coming months. Council has put forward a proposal for resourcing. No response has been received to date.

Subject to Council’s decision on the appropriate course of action relating to the North East Link project, appropriate resources will be engaged to support the development of project enhancements, complementary projects and advocacy to the Authority.

ATTACHMENTS N Title Page o . 1 Status of Issues Raised with LXRA ⇨

2 Letter from NELA re North East Link next steps ⇨

3 Letter to NELA re proposal for resource funding ⇨

Ordinary Meeting of Council - 29 January 2018 Page 25 Place – Sustainable Amenity and Built Environment

5.3 253 GREENSBOROUGH ROAD, MACLEOD - NOTICE OF INTENTION TO LEASE - PROPOSED TELECOMMUNICATIONS FACILITY

Author: Amanda Allen - Property Coordinator, City Development Ward: Ibbott

Previous Items Council on 20 November 2017 (Item 7.3 - 253 Greensborough Road, Macleod - Notice of Intention to Lease - Hearing of Submissions) Council on 18 September 2017 (Item 5.7 - 253 Greensborough Road, Macleod - Notice of intention to lease - Proposed telecommunications facility)

EXECUTIVE SUMMARY

CPS Global Property & Infrastructure (“CPS”), consultants acting on behalf of Vodafone Network Pty Ltd (“Vodafone”), approached Council seeking consent for Vodafone to lease a parcel of Council land at Winsor Reserve, 253 Greensborough Road, Macleod (“Land”) to install and operate a 25-30m telecommunications monopole and ground cabin.

Statutory procedures commenced post the Council meeting of 18 September 2017. In response to the public notice given of Council’s intention to lease, Council considered nine submissions and a petition pursuant to sections 190 and 223 of the Local Government Act 1989 at its meeting of 20 November 2017.

It was resolved at this same meeting, that due to the uncertainty regarding other appropriate sites being available, in particular VicRoads land, Council write to Vodafone advising that a decision would be made on entering into a lease at its meeting of 29 January 2018, after the State Government announcement of their preferred option for the North East Link Project. Submitters were also advised.

As corridor A has been announced as the preferred option for the North East Link project, there is now certainty that the VicRoads land along the Greensborough Highway corridor will not be available for occupation. CPS are now pursuing the original Land at Windsor Reserve.

RECOMMENDATION

That:

1. having complied with sections 189 and 223 of the Local Government Act 1989:

a. by giving public notice in the in the “Heidelberg Leader” and the “Diamond Valley Leader” on 26 September 2017 and 27 September 2017, respectively; b. having received and considered the nine submissions and petition in response to the public notice at its Ordinary Meeting of 20 November 2017; and

Ordinary Meeting of Council - 29 January 2018 Page 26 Place – Sustainable Amenity and Built Environment

253 GREENSBOROUGH ROAD, MACLEOD - NOTICE OF INTENTION TO LEASE - PROPOSED TELECOMMUNICATIONS FACILITY cont’d

c. by providing an opportunity to the two submitters who requested to be heard at Council’s Ordinary Meeting of 20 November 2017;

2. Council approves the intention to lease, subject to the special conditions outlined in this report and negotiate the best outcome possible regarding visual amenity; and

3. Council authorise the signing and sealing of the necessary documentation at the appropriate time.

4. In accordance with the requirements of S223, Council write to each of the submitters advising them of Council’s decision and the reason for the decision.

COUNCIL PLAN

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

BACKGROUND

CPS, acting on behalf of Vodafone, have approached Council seeking consent for Vodafone to lease a small parcel of the Land to install and operate a telecommunications monopole and ground cabin.

The installation and operation of telecommunication infrastructure within the municipality is essential to meet the increasing mobile phone usage demands and expectations of our growing community. Vodafone has advised that mobile phone and wireless communication coverage in the Macleod area is a major issue with insufficient signal strength to provide appropriate coverage.

CPS has advised that the Land is Vodafone’s preferred location to lease as:

 The search ring area is very limited and all other locations have been exhausted.  There are no other viable colocation options within the search ring. Colocation options outside the search ring do not provide for the needed coverage within the area nor do they have adequate structure capacity.  VicRoads land has been ruled out due to future road widening proposals along the Greensborough Highway corridor.  Sites on privately owned land have been considered, however no commercial agreement could be reached.

Important to note, Daly International on behalf of Optus submitted a Council planning permit application (P1008/2011) for a similar proposal in 2011. Statutory advertising drew 14 objections and the application was withdrawn in May 2012.

Ordinary Meeting of Council - 29 January 2018 Page 27 Place – Sustainable Amenity and Built Environment

253 GREENSBOROUGH ROAD, MACLEOD - NOTICE OF INTENTION TO LEASE - PROPOSED TELECOMMUNICATIONS FACILITY cont’d

LEGAL CONSIDERATION

Statutory procedures have been followed including public advertising in the “Heidelberg Leader” and the “Diamond Valley Leader” on 26 September 2017 and 27 September 2017, respectively. The public were invited to make submissions on the proposal and be heard in accordance with section 223 of the Act. The public notice was also available for viewing on Council’s webpage.

If Council resolves to lease the Land, the proposed lease will ensure that the interests of both Council and the community are appropriately protected. A condition of the lease will require Vodafone to obtain a planning permit for the telecommunications monopole and infrastructure.

If Council resolves not to enter into a lease with Vodafone, it may cause Vodafone to invoke its powers vested by the Telecommunications Act 1997 (Cth), in which access to the Land may be forced without Council consent.

HUMAN RIGHTS CHARTER

Victoria's Charter of Human Rights and Responsibilities (the Charter) outlines the basic human rights of all people in Victoria. The Charter requires that governments, local councils and other public authorities comply with Charter and to consider relevant Charter rights when they make decisions.

In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Charter of Human Rights and Responsibilities.

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

It is considered that the subject matter of this report does not raise any human rights issues. Council has the statutory power to lease land pursuant to the Act and section 223 of the Act also provides that a person may make a submission in relation to Council’s lease proposal.

Ordinary Meeting of Council - 29 January 2018 Page 28 Place – Sustainable Amenity and Built Environment

253 GREENSBOROUGH ROAD, MACLEOD - NOTICE OF INTENTION TO LEASE - PROPOSED TELECOMMUNICATIONS FACILITY cont’d

Locality Plan

Figure 1 – Locality plan, Winsor Reserve - 253 Greensborough Road Macleod

Figure 2 – Recommended location in yellow showing 6m x 6m proposed lease area

Ordinary Meeting of Council - 29 January 2018 Page 29 Place – Sustainable Amenity and Built Environment

253 GREENSBOROUGH ROAD, MACLEOD - NOTICE OF INTENTION TO LEASE - PROPOSED TELECOMMUNICATIONS FACILITY cont’d

CURRENT SITUATION

Subject to Council approval, the current offer from CPS is summarised as follows:

Category Offer Rental $21,000 per annum (being the market value, as determined by independent valuer). Rent Reviews Rental to be market reviewed every 5 years with annual fixed 3% increases. Lease Term 15 years with break clauses every 5 years for both parties (includes non-ratchet clause). Leased Area  5m x 5m or 6m x 6m for the monopole (the foundations will require a 5m x 5m area). Install a slimline monopole, with possible lighting on pole.  2m x 6m for the ODU (Out Door Unit)  The Out Door Unit does not necessarily need to be located adjacent to the pole however it would need to be located in relatively close proximity to the pole.  Location to be agreed upon. Sub-Letting/Site Allow Vodafone to sublet/site share with Optus Mobile Pty Sharing Limited (the lease proposal is a joint venture between Vodafone and Optus. Vodafone would not be receiving any site rental from Optus. Vodafone would remain lead carrier). Special Conditions  Vodafone has offered to install a light on the proposed monopole in addition to the rental amount payable to Council which may benefit recreational users of the Oval and the local community.

 Council’s Leisure and Cultural Services department have determined that whole of ground lighting is a medium priority at this location. It is not included in Council’s four- year capital plan. A whole of ground lighting upgrade is estimated to cost $150,000-$200,000.

 The proposed lease area is close to the car park and pavilion area, and any lighting on the monopole could provide further illumination to the sports field, depending on placement (refer Figure 2).

 Other locations on the site could be considered. Placement near vehicle accessible areas are preferred to allow for maintenance.

 Vodafone must obtain a planning permit for the telecommunication monopole and equipment.

 Vodafone to install the infrastructure at a date and time suitable to Council having regard to the users of the Land.

Ordinary Meeting of Council - 29 January 2018 Page 30 Place – Sustainable Amenity and Built Environment

253 GREENSBOROUGH ROAD, MACLEOD - NOTICE OF INTENTION TO LEASE - PROPOSED TELECOMMUNICATIONS FACILITY cont’d

FUNDING IMPLICATIONS

Appropriate commercial terms under the proposed lease will ensure that Council will receive $21,000 per annum plus GST at the commencement of the lease. The rental will increase annually by 3% compounding.

DISCUSSION

Council advocates for consolidation of telecommunication facilities by encouraging the colocation of facilities to reduce the environmental and amenity impacts. CPS have investigated colocation options and advise that there are no suitable existing facilities in the area that would meet the coverage requirements.

Sites on privately owned land have also been investigated, however no commercial agreement could be reached with those parties.

Additionally, the announcement of corridor A as the preferred option for the North East Link now discounts the VicRoads landholdings along the Greensborough Highway corridor.

OFFICER DECLARATION OF CONFLICT OF INTEREST

Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates.

Council officers involved in the preparation of this report have no conflict of interest in this matter.

CONCLUSION

Submissions received have been clear in their views regarding the proposed lease location at 253 Greensborough Road, Macleod.

CPS had been equally clear that Winsor Reserve is their preferred location and the only option they are pursuing.

Council must now make a decision on whether to enter into a lease at this site, with full knowledge that Vodafone may invoke their powers under the Telecommunications Act 1997 (Cth), to access to the Land without Council consent.

ATTACHMENTS Nil

Ordinary Meeting of Council - 29 January 2018 Page 31 Place – Sustainable Amenity and Built Environment

5.4 KENMARE STREET, WATSONIA - TRAFFIC MANAGEMENT TREATMENTS

Author: Bumeke Jayasinghe - Project/Transport Engineer, City Development Ward: Grimshaw

EXECUTIVE SUMMARY

As part of the 2017/18 Capital Works Program, $40,000 has been allocated for the installation of traffic treatments on Kenmare Street, Watsonia.

Recent traffic speed and volume surveys indicate that a significant number of vehicles are “rat running” through Kenmare Street. High volumes combined with elevated speeds warrant the consideration of traffic treatments.

Accordingly, consultation with residents of Kenmare Street regarding their views on the possible installation of traffic treatments is considered appropriate.

RECOMMENDATION

That Council:

1. Consult with the residents on Kenmare Street, Watsonia, to understand whether the installation of further traffic management treatments are supported in the street.

2. Proceed with developing a concept plan for further consultation and implementation of traffic treatments, if majority support is gained from the residents of Kenmare Street, Watsonia, for traffic management treatment in the street. If majority support is not gained then the proposal is abandoned.

3. Informs the residents on Kenmare Street, Watsonia, of this resolution.

COUNCIL PLAN

This report is in line with Banyule’s Council Plan key direction to "Preserve and improve Banyule as a great place to live, work and play".

LEGAL CONSIDERATION

There are no direct legal implications arising from the recommendation contained in this report.

HUMAN RIGHTS CHARTER

In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Victorian Charter of Human Rights and Responsibilities.

It is considered that the subject matter does not raise any human rights issues.

Ordinary Meeting of Council - 29 January 2018 Page 32 Place – Sustainable Amenity and Built Environment

KENMARE STREET, WATSONIA - TRAFFIC MANAGEMENT TREATMENTS cont’d

OFFICER DECLARATION OF CONFLICT OF INTEREST

Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates.

Council officers involved in the preparation of this report have no conflict of interest in this matter.

BACKGROUND

Kenmare Street, Watsonia is approximately one kilometre in length and aligns parallel to Watsonia Road. The road is approximately seven metres wide accommodating two-way traffic and on-street parking. It provides a link between Greenwood Drive to the north and Devonshire Road to the south (through Herbert Street). A speed limit of 50km/h applies throughout Kenmare Street. A locality plan is shown in Figure 1.

Figure 1: Locality Plan

Ordinary Meeting of Council - 29 January 2018 Page 33 Place – Sustainable Amenity and Built Environment

KENMARE STREET, WATSONIA - TRAFFIC MANAGEMENT TREATMENTS cont’d

Residential concerns have been raised regarding vehicles “rat running” through Kenmare Street to avoid the traffic congestion around Watsonia Activity Centre during peak hours. Concerns in relation to vehicle speeds have also been raised.

Council allocated funding of $20,000 within its 2015/16 capital works program for the modification of the T-intersection at Kenmare Street and Lambourne Road. The works involved removing of the refuge island on Lambourne Road and installing a raised pavement. The traffic islands in Kenmare Street, on the approach to the intersection were retained. The location of the raised treatment is also shown in Figure 1.

As part of this year’s capital works program, $40,000 has been allocated for the installation of traffic calming infrastructure along Kenmare Street, Watsonia. An investigation has been undertaken to gauge whether additional treatments are actually required.

DISCUSSION

As part of the investigation, traffic speed and volume surveys were conducted in August 2017, on two sections of Kenmare Street; south of Lambourne Road, and north of Lambourne Road. A summary of the traffic data is presented in Table 1.

Table 1: Results of the speed and volume survey – August 2017

Weekday Peak Volumes Location Average 85 percentile Speed (veh/day) AM PM Kenmare Street - South of 2576 235 620 51.4 Lambourne Road Kenmare Street - North of 3584 390 656 50.9 Lambourne Road

Kenmare Street is classified as a local road, which typically has capacity for up to 2000 vehicles per day. From Table 1, it can be seen that the traffic volumes on Kenmare Street exceeds the capacity.

In addition, the peak to all day traffic ratio is 18%. Generally, if the ratio is excess of 10%, it suggests that the streets are being used as a “rat running” route by motorists.

The speeds on Kenmare Street in themselves do not warrant the installation of traffic treatments. However, high traffic volumes combined with elevated speeds do warrant consideration of treatments.

Generally, there are differing views in the community regarding installation of traffic treatments. As such it is considered appropriate to consult the residents to understand whether a majority believe further traffic treatments are needed in the street.

CONCLUSION

As part of this year’s Capital Works Program, $40,000 has been allocated for the installation of traffic treatments on Kenmare Street, Watsonia.

Ordinary Meeting of Council - 29 January 2018 Page 34 Place – Sustainable Amenity and Built Environment

KENMARE STREET, WATSONIA - TRAFFIC MANAGEMENT TREATMENTS cont’d

Traffic investigations conducted indicate that the volume of traffic on Kenmare Street exceeds the capacity of a typical local road, including at peak times. The recorded speeds are within the acceptable limits, but high volumes do warrant consideration of traffic treatments.

Given the above, it is considered appropriate to consult with the residents to understand whether further installation of traffic treatments are supported in the street and proceed with the works if they are supported. The project should not proceed if treatment is not supported by residents.

ATTACHMENTS Nil

Ordinary Meeting of Council - 29 January 2018 Page 35 Place – Sustainable Amenity and Built Environment

5.5 BANYULE'S PUBLIC TOILET PLAN

Author: Michael Constantinou - City Assets Maintenance Engineer, Assets & City Services

EXECUTIVE SUMMARY

Council engaged a planning and design consultant to undertake a municipal wide audit of Banyule’s public toilets and produce a Public Toilet Plan (Plan).

The purpose of the Plan is to provide a robust framework to guide the future planning and provision of public toilets within Banyule. The Plan sets clear guidelines for the upgrade of existing public toilets and the delivery of any proposed new public toilets over the next 10 years.

The Plan was open for public consultation over a six week period from 19 September 2017 to 30 October 2017. It was advertised through the local paper, Shaping Banyule, social media, posters throughout Banyule and postcards distributed to randomly selected residents.

The survey results (74 total) can be summarised in three main points:

 Majority, 89% (66) support the objectives of the Plan;  The vision aligns with majority, 81% (60) of how people want to see public toilets in the future;  Just over half 55% (41) disagree with the plan for upgrades and changes.

Based on the consultation feedback, the Capital Action Plan has been amended in order to refurbish 6 toilets over the Four Year Program.

RECOMMENDATION

That Council:

1. Adopt the Public Toilet Plan.

2. Refer funding for public toilets to the 10 year capital works plan for consideration in future budgets.

COUNCIL PLAN

This report is in line with Banyule’s Council Plan key direction to “Renew and maintain Banyule's public assets and infrastructure”.

BACKGROUND

Council engaged a planning and design consultant, to undertake a municipal wide audit of Banyule’s public toilets and produce a Public Toilet Plan (Plan). The Plan will aim to provide Council with a set of clear guidelines for the delivery of public toilets over the next 10 years.

Ordinary Meeting of Council - 29 January 2018 Page 36 Place – Sustainable Amenity and Built Environment

BANYULE'S PUBLIC TOILET PLAN cont’d

The development of the draft Plan has been undertaken in five stages:

 Background Review & Toilet Audit  Issues and Opportunities identified  Community and Stakeholder Consultation  Draft Plan including Public Consultation  Final Plan

A detailed audit of 56 toilets across Banyule was undertaken. This audit revealed that while Council has an extensive network of public toilet facilities, the overall condition of the amenities were generally found to be of poor standard.

Subsequently a range of key user group surveys was undertaken and consultation activities with key stakeholders (Internal council staff, Disability advisory committee, Traders association). This enabled the project team to prepare a draft Plan.

The draft Plan establishes a vision and outlines the objectives and principles to guide future upgrade/renewal and delivery of new public toilets in Banyule.

Key components of the Plan include:

 An action Plan outlining requirements for further investigations, which sets out the key priorities for public toilet upgrades over the next 10 years  Decision making tools and checklists to assist Council in determining community needs and future priorities  Identification of the service hierarchy and specific fixture and fitting requirements. This will enable the determination of the most appropriate type of public toilet

The Plan consists of five objectives:

1. Distribution 2. Hygiene & Maintenance 3. Accessibility 4. Design 5. Location & Siting

LEGAL CONSIDERATION

There are no direct legal implications arising from the recommendation contained in this report.

HUMAN RIGHTS CHARTER

In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Charter of Human Rights and Responsibilities.

It is considered that the subject matter does raise the following human right and responsibility: “Right to recognition and equality before the law” (Section 8). The implications of section 8 have been discussed and explored throughout the consultation period and in the finalisation of the Plan.

Ordinary Meeting of Council - 29 January 2018 Page 37 Place – Sustainable Amenity and Built Environment

BANYULE'S PUBLIC TOILET PLAN cont’d

The related rights (gender neutral toilets and disability access requirements) were acknowledged and adequately addressed to ensure equality and the right to be recognised.

FUNDING IMPLICATIONS

An allocation of $800k is spread over the current four year program. Based on the outcome of the public consultation it is proposed to update the capital action plan to expedite the program. This would require the existing allocated funding to be increased to $1.35M over the four year period.

CONSULTATION

The draft Plan was open for public consultation over a period of six weeks from 19 September 2017 to 30 October 2017. The communication tools used to reach the public were as follows:

 Shaping Banyule webpage  Online/social media platforms including Facebook, Twitter and LinkedIn.  Posters throughout the municipality, including public toilets  Banyule staff  Postcards distributed to residents, traders, libraries and civic centres

Through these methods of advertisement: o Over 30,000 people viewed content relating to the Plan o 660 people clicked on the link to the Shaping Banyule webpage o 120 people reacted with social media posts o And 74 people completed the survey through Shaping Banyule

The survey results (74 total) are summarised in three main sections:

1. The objectives of the Plan  Majority, 89% (66) support the objectives of the Plan 2. The vision of the Plan  The vision aligns with majority, 81% (60) of how people want to see public toilets in the future 3. The 10 year Capital Plan  Just over half 55% (41) disagree with the plan for upgrades and changes

Four key themes were identified from comments seen throughout social media and Shaping Banyule:

 The proposed improvements listed in the Capital Plan should be expedited.  Cleanliness and safety were a high priority  Other issues identified were accessibility using wheelchairs, prams and the lack of basic amenities  The outdated look of the toilets deters potential users

Common themes expressed by the views of the community were collated and responses were provided. This has been tabulated and shown in Attachment 2.

Ordinary Meeting of Council - 29 January 2018 Page 38 Place – Sustainable Amenity and Built Environment

BANYULE'S PUBLIC TOILET PLAN cont’d

OFFICER DECLARATION OF CONFLICT OF INTEREST

Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates.

Council officers involved in the preparation of this report have no conflict of interest in this matter.

CONCLUSION

Council undertook an audit and background review of Banyule’s public toilets, which identified existing issues and opportunities. Initial community and stakeholder consultation was then completed which contributed to the development of a draft Public Toilet Plan.

The Plan was released for public consultation and feedback was a general approval of the objectives and vision but not for the 10 year Capital Plan. The Plan has now been amended and includes an updated Capital Action Plan over the next four years.

ATTACHMENTS N Title Page o . 1 Final Banyule Public Toilet Plan ⇨

2 Public Toilet Plan - Public Consultation Common Themes ⇨

Ordinary Meeting of Council - 29 January 2018 Page 39

Performance - Use Our Resources Wisely

7.1 RW058 PROPOSED DISCONTINUANCE ADJACENT TO 111-113 WATERDALE ROAD, IVANHOE - HEARING OF SUBMISSIONS

Author: Amanda Allen - Property Coordinator, City Development Ward: Griffin

Previous Items Councillor Briefing on 31 August 2017 (Item 2017/125 - RW058 Proposed Discontinuance of Road adjacent to 111-113 Waterdale Road and Sale of Resultant Land) Council on 30 October 2017 (Item 7.2 - RW058 Proposed discontinuance adjacent to Waterdale Road)

EXECUTIVE SUMMARY

Consistent with Council’s resolution of 30 October 2017, the statutory procedures were commenced to give public notice of Council’s intention to discontinue and sell the section of ‘road’ adjacent to 111-113 Waterdale Road, Ivanhoe (“Land”). Public notice was given in the “Heidelberg Leader” on 7 November 2017, with submissions on the proposal invited in accordance with section 223 of the Local Government Act 1989 (“Act”). The submission period closed at 5:00pm on 6 December 2017 with four submissions received.

The purpose of this report is for Council to consider the written submissions received and to hear from two submitters who have requested to be heard in support of their written submission.

RECOMMENDATION

That:

1. Council receive and consider the four submissions, pursuant to sections 190 and 223 of the Local Government Act 1989 in response to the public notice given of Council’s intention to discontinue and sell the resulting land adjoining 111-113 Waterdale Road, Ivanhoe.

2. Council receive a further report at a future Council meeting and make a decision on whether or not to discontinue RW058 and sell the resulting land adjoining 111-113 Waterdale Road, Ivanhoe.

COUNCIL PLAN

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

BACKGROUND

The section of ‘road’ known as RW058 abuts Waterdale Road, Ivanhoe, and has an area of 38m2.

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RW058 PROPOSED DISCONTINUANCE ADJACENT TO 111-113 WATERDALE ROAD, IVANHOE - HEARING OF SUBMISSIONS cont’d

The owner of 111-113 Waterdale Road has approached Council to purchase the land and prior to, have had informal pre-application discussions with the planning department regarding development of the site.

The Land is intended to be sold at market value with the applicant to cover any additional costs relating to the discontinuance and sale.

LEGAL CONSIDERATION

Public notice of the proposal was given in the “Heidelberg Leader” on 7 November 2017, with the public invited to make submissions on the proposal in accordance with section 223 of the Act. The public notice was also available for viewing on Council’s webpage.

The submission period closed at 5:00pm on 5 December 2017, with four submissions being received.

HUMAN RIGHTS CHARTER

In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Victorian Charter of Human Rights and Responsibilities.

Victoria's Charter of Human Rights and Responsibilities (the Charter) outlines the basic human rights of all people in Victoria. The Charter requires that governments, local councils and other public authorities comply with Charter and to consider relevant Charter rights when they make decisions.

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

It is considered that the subject matter of this report does not raise any human rights issues. Council has the statutory power to lease land pursuant to the Act and section 223 of the Act also provides that a person may make a submission in relation to Council’s lease proposal.

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RW058 PROPOSED DISCONTINUANCE ADJACENT TO 111-113 WATERDALE ROAD, IVANHOE - HEARING OF SUBMISSIONS cont’d

Locality Plan

Figure 1: RW058 adjacent to 111-113 Waterdale Road, Ivanhoe

CURRENT SITUATION

Having concluded the public advertising of Council’s proposal to discontinue the road adjacent to Waterdale Road, this report seeks Council’s consideration of the written submissions received.

TECHNICAL CONSIDERATION

ENGINEERING CONSIDERATIONS

Council’s engineers advise that there are no Council assets within the Land and it is considered unlikely to be required for future drainage purposes.

SERVICE AUTHORITY CONSIDERATIONS

Consultation with the relevant service authorities reveals that there are only Telstra assets contained within the vicinity of the land.

EASEMENT RIGHTS

Telstra Corporation Limited

Telstra Corporation Limited (Telstra) will not object to the discontinuance of the ‘road’ subject to the following conditions:

1. Telstra’s existing facilities are grandfathered under the Telecommunication Act 1997 (Cwth). This enables such facilities to legally occupy land in perpetuity for the duration of that facilities use.

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RW058 PROPOSED DISCONTINUANCE ADJACENT TO 111-113 WATERDALE ROAD, IVANHOE - HEARING OF SUBMISSIONS cont’d

2. Part 1 of Schedule 3 of the Telecommunications Act 1997 authorises a carrier to enter the land and exercise any of the following powers: a. Inspect the land b. Install a facility c. Maintain a facility

PLANNING CONSIDERATIONS

The Banyule Planning Scheme governs the use and development within the municipality and Banyule City Council is the responsible authority administering the scheme. The Land under the Planning Scheme is included in the Mixed Use Zone (MUZ) and is affected by Design and development Overlay Schedule 11 Precinct 5 (DDO11-5) and Vegetation Protection Overlay, Schedule 5 (VPO5) controls.

Banyule’s Residential Neighbourhood Character Policy at Clause 22.02 of the Banyule Planning Scheme includes the area within its Garden Suburban (GS3) precinct.

FUNDING IMPLICATIONS

In principle terms and conditions of sale have been accepted by the applicant. The proposal is subject to the completion of the necessary statutory procedures and Council resolving to discontinue the section of ‘road’ and sell the resultant land to the abutting owner.

The Land is intended to be sold at market value with the applicant to cover any additional costs relating to the discontinuance and sale.

CONSULTATION

Public notice of the proposal was given in the “Heidelberg Leader” on 7 November 2017 inviting written submissions on the matter. The public notice also appeared on Council’s webpage.

A meeting was requested and held onsite with six community members on 15 December 2017. The items that were discussed, reflect those comments detailed in the written submissions and are outlined in the discussion section below.

DISCUSSION

Four submissions have been received. Issues raised in the submissions have been paraphrased and a response is outlined below:

 The right of way/road currently carries traffic and pedestrians within its narrow carriageway.  The Waterdale Road footpath that crosses the right of way/road is heavily used.  The existing splay currently acts to enhance visibility for both drivers and pedestrians at this conflict point.  Any building built to the proposed property title once consolidated, would be a major safety concern.  The report fails to disclose the nature of the proposed development.

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RW058 PROPOSED DISCONTINUANCE ADJACENT TO 111-113 WATERDALE ROAD, IVANHOE - HEARING OF SUBMISSIONS cont’d

 There is inadequate consideration of the traffic implications this may cause including the interaction of pedestrians and vehicles where the right of way/road joins Waterdale Road.  Public advertising in the Saturday Age is preferable, the local paper is insufficient. Additionally traders, local residents and Ivanhoe Primary School should be advised.  A register for notification of sales would be advised.  Council should disclose the amount it expects to receive from the sale.  A property owner adjacent to the right of way/road has requested to purchase the Land.

In regards to the issues raised, the following is noted:

 The proposed development referred to in the report has been an informal pre- application discussion with Council’s planning department. There are no further details publically available regarding development of the site.  Any future development of significance on the site would require a planning permit application, where appropriate conditions could be imposed on the applicant. Further scrutiny would be applied, including assessment of traffic ingress and egress.  Public notice requirements under section 189 of the Local Government Act 1989 require (if the notice is required to be given by the Council), Council to publish a notice in a newspaper generally circulating in the municipal district of the Council chosen for the purpose by Council. It also requires Council to publish the public notice on the internet website of the Council.  Council has no notification register for proposed sales.  The Land is intended to be sold at market value with the applicant to cover any additional costs relating to the discontinuance and sale. In accordance with the provisions of the Local Government Act 1989, a valuation (being not more than six months old) would be procured if and when the Council determines its intention to sell the Land.

OFFICER DECLARATION OF CONFLICT OF INTEREST

Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates.

Council officers involved in the preparation of this report have no conflict of interest in this matter.

CONCLUSION

The purpose of this report is for Council to consider the written submissions received in respect to the proposal to discontinue the right of way/road adjacent to 111-113 Waterdale Road, Ivanhoe.

It is appropriate for Council to consider the discontinuance and sale of the right of way/road or its retention for municipal purposes at a future Council meeting.

ATTACHMENTS Nil

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7.2 89 WUNGAN STREET, MACLEOD (PART) - PROPOSED SALE OF LAND

Author: Amanda Allen - Property Coordinator, City Development Ward: Ibbott

EXECUTIVE SUMMARY

Council has received a request to purchase part of the Council owned land at 89 Wungan Street, Macleod (the Land).

The Land is designated on title as a Subway Reserve and serves as pedestrian access to a subway underpass, below the railway line.

This report discusses the proposal to remove the reservation status from a 186m2 section of the land and sell to the abutting owner at 87 Wungan Street (the Applicant).

RECOMMENDATION

That Council, being of the opinion that the section of land at 89 Wungan Street, Macleod, is surplus to Council’s and the community’s needs, now directs that:

1. Pursuant to Part 4 of the Planning and Environment Act 1987 and Section 24A of the Subdivision Act 1988,commence the statutory procedures to remove the reservation status from the Land;

2. In accordance with sections 189 and 223 of the Local Government Act 1989 (“the Act”), commence the statutory procedures to give public notice of its intention to sell the Land in the Heidelberg Leader on 13 February 2018;

3. Considers any submissions received in relation to the proposed sale of the Land, pursuant to section 223 of the Act, at an Ordinary Meeting of Council to be held at 7.00pm on 9 April 2018 in the Council Chambers, 275 Upper Heidelberg Road, Ivanhoe;

4. Notes that in the event of no submissions being received, Council may make a decision whether or not to sell the Land to the owner of 87 Wungan Street, Macleod, at its Ordinary Meeting of Council to be held at 7.00pm on 9 April 2018 in the Council Chambers, 275 Upper Heidelberg Road Ivanhoe; and

5. In the event of submissions being received, Council may make a decision in relation to the proposed sale of Land at a subsequent Ordinary Meeting of Council.

COUNCIL PLAN

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

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89 WUNGAN STREET, MACLEOD (PART) - PROPOSED SALE OF LAND cont’d

BACKGROUND

Council is the owner of the land at 89 Wungan Street, Macleod (known informally as Wungan Street Reserve). A Subway Reserve on title, this 827m2 space serves as pedestrian access to a train underpass connecting through to Somers Avenue.

The owner of the adjoining land at 87 Wungan Street, Macleod (the Applicant) has requested to purchase a section of the Land abutting their property purportedly to expand their dwelling on the west side and enhance their gardens and surrounds. The section measures 4.2m wide at the front and 3.5m wide at the rear with a total area of approximately 186m2 (as shown in Figure 1).

LEGAL CONSIDERATION

Local Government Act 1989

Prior to selling land, Council must carry out statutory procedures in accordance with 189 and 223 of the Local Government Act 1989, namely the giving of public notice of its intention to do so in accordance with Council’s Official Newspaper Policy and obtaining a valuation not more than six (6) months prior to the date of sale.

Subdivision Act 1988 and Planning and Environment Act 1987

The power to remove the reserve status from land is conferred on Council pursuant to section 24A of the Subdivision Act 1988. Before proceeding under section 24A of that Act an application for a planning permit must be made in accordance with Part 4 of the Planning and Environment Act 1987, to remove the reservation status from the Land.

HUMAN RIGHTS CHARTER

In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Victorian Charter of Human Rights and Responsibilities.

It is considered that the subject matter does not raise any human rights issues.

Locality Plan

The subject site is shown below, identifying the section of land proposed for sale, outlined in yellow.

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89 WUNGAN STREET, MACLEOD (PART) - PROPOSED SALE OF LAND cont’d

Figure 1: 89 Wungan Street, Macleod. Yellow denotes the section of land proposed for sale.

CURRENT SITUATION

Referrals have been undertaken with internal and external stakeholders. No objections have been received from the relevant service authorities, noting that there are assets present and an easement is required.

Internal referrals revealed little objection, notwithstanding from some concern for pedestrian safety through narrowing of the reserve, the potential impact of fence realignment on the trees and the precedent that this sale may set.

TECHNICAL CONSIDERATIONS

Electrical Assets

There is an underground cable (not dimensional) running along the northern boundary of the property from light pole to pillar (as shown in Figure 2, indicated by dotted line). The electricity supplier Jemena is unable to confirm if this cable is within the proposed purchase land or within the road reserve. If the sale proceeds and a survey plan confirms that the location of these assets are in the proposed purchase area, Jemena would require that the assets be moved to Councils remaining land. This would need to be undertaken at the applicants cost.

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89 WUNGAN STREET, MACLEOD (PART) - PROPOSED SALE OF LAND cont’d

Figure 2: 89 Wungan Street, Macleod, underground cable shown as dotted line.

Easement Rights

There is an easement along the south-east boundary of the Land. The easement contains Council drainage assets and Yarra Valley Water sewer assets. Existing easement rights will need to be retained.

Planning Considerations

The Banyule Planning Scheme governs the use and development of land in the municipality and Banyule City Council is the responsible authority administering the scheme. The Land at 89 Wungan Street, Macleod is zoned General Residential Zone, Schedule 2 and is subject to Vegetation Protection Overlay, Schedule 5.

It is noted there is only one tree within the proposed purchase area. The tree and any future development of the land would be subject to the usual planning controls under the Banyule Planning Scheme.

VicTrack - PTV - LXRA

Vic Track have no objection to the section of land being sold.

Public Transport Victoria have requested that if the land is to be sold that Council retain the balance of the reserve to maintain the open space and access to the pedestrian underpass under the railway line.

The Level Crossing Removal Authority (LXRA) were consulted to ensure any possible sale of land would not impact future plans. LXRA have confirmed they do not have any plans to upgrade the subway between Wungan Street and Somers Avenue.

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89 WUNGAN STREET, MACLEOD (PART) - PROPOSED SALE OF LAND cont’d

FUNDING IMPLICATIONS

All proceeds generated from the sale of this land would be directed to the Open Space Fund, used to fund improvements to public park or recreation reserves and the purchase of other public park or recreation spaces in areas where there is a demonstrated need.

POLICY IMPLICATIONS

Guidelines for the Sale and Exchange of Council Land

The Guidelines for the Sale and Exchange of Council Land, adopted by Council in April 2009, provide that the sale of Council-owned land should be conducted through a public process, unless circumstances justify an alternative method of sale. In this instance there is only one potential buyer, namely an abutting owner.

Nevertheless, any sale of Council-owned land should be in the best interest of the community and provide the best result, both financial and non-financial for Council and the community.

Public Open Space Plan

The Public Open Space Strategy includes actions to make “all public open space in Banyule safe and feel safe to be in, through openness, natural surveillance and good sight lines.”

Council will only consider the disposal of public open space, or land which has the potential to be used as public open space: a. Where it is of low public open space value; b. When other community recreation and environmental uses have been considered; and will endeavour to replace it in a location having regard to the overall open space needs of the community.

DISCUSSION

While concerns have been expressed with the narrowing of the reserve, the precedent a sale may set and potential impact on the tree within the proposed purchase area, these do not preclude Council from determining the land to be surplus and considered for sale.

The Subway Reserve, at 827m2, is considerably larger than many other underpass and access routes. As an area of public open space, its use would be considered informal and sale of a small portion of the land would not compromise the intent or usability of the remaining land for its public purpose.

There is no change proposed to the alignment of the footpath or the existing vegetation on site and the proposed narrowing of the reserve has been assessed and is unlikely to adversely impact natural surveillance of the site, natural access control and other crime prevention through environmental design (CPTED) elements.

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89 WUNGAN STREET, MACLEOD (PART) - PROPOSED SALE OF LAND cont’d

The giving of public notice of Council’s intention to sell does not compel Council to do so. Council is merely complying with its statutory obligations under the Act to give public notice and to hear and consider written submissions on such a proposal before deciding, at a future meeting of the Council, whether or not to remove the reservation status from the land and sell to the abutting owner.

OFFICER DECLARATION OF CONFLICT OF INTEREST

Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates.

Council officers involved in the preparation of this report have no conflict of interest in this matter.

CONCLUSION

The relevant matters of Council’s policy for the sale of land and open space strategy have been considered and addressed in this report. It is now appropriate to proceed to a decision to consider whether or not to sell the Land. While some items were raised by internal departments these do not preclude Council from determining the land to be surplus and considered for sale.

Consequently, the proposal to initiate the giving of public notice of Council’s intention to sell should be supported.

ATTACHMENTS Nil

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7.3 72 MAIN STREET, GREENSBOROUGH - PART SALE OF LAND

Author: Nicola Rooks - Property Officer, City Development Ward: Bakewell

EXECUTIVE SUMMARY

Consistent with Council’s delegated authority, statutory procedures were commenced to give public notice of Council’s intention to sell part of the Council owned land at 72 Main Street, Greensborough, to the abutting owner at 68-78 Main Street, Greensborough (the applicant).

Consideration for the sale of the land is proposed as a means of resolving an encroachment onto Council owned land at the basement level under “Greensborough Walk”.

Public notice was given in the “Diamond Valley Leader” on 1 November 2017, with submissions on the proposal invited in accordance with section 223 of the Local Government Act 1989. The submission period closed at 5:00pm on 30 November 2017 with no submissions being received.

This report seeks Council’s decision to consider the sale of part of 72 Main Street, Greensborough, to the abutting owner at 68-78 Main Street, Greensborough.

RECOMMENDATION

That

1. Having complied with sections 189 and 223 of the Local Government Act 1989:

a. by giving public notice in the “Diamond Valley Leader” on 1 November 2017; b. by providing an opportunity to those who have requested to be heard at Council’s Ordinary Meeting of 29 January 2018; and c. by recording that no submissions have been received;

2. Council approves the sale of 42m2 at the basement level of 72 Main Street, Greensborough, to the owner of the abutting land at 68-78 Main Street, Greensborough.

3. Authorises the signing and sealing of the documentation at the appropriate time to effect the sale and transfer of the subject land.

COUNCIL PLAN

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

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72 MAIN STREET, GREENSBOROUGH - PART SALE OF LAND cont’d

BACKGROUND

Council sold land and planning permits for 68-78 Main Street, Greensborough, in July 2013. The site was developed by the purchaser for commercial and retail use. The development is now completed and occupied, with the built form outcome presenting as two distinct buildings on Main Street, either side and underneath of “Greensborough Walk”.

The owners of 68-78 Main Street recently brought to Council’s attention that the built development outcome encroaches on part of Council’s land, being an area of 42m² (Encroached Land) at the basement level as shown red hatched in Figure 1. The Encroached Land is part of 72 Main Street, Greensborough, comprised in certificate of title volume 11482 folio 069.

The encroachment was caused by an oversight that occurred during a planning permit amendment application. Specifically, there is a departure from the title plan and the amended endorsed plans. This occurred after the sale and settlement of the land from Council.

The Encroached Land is under “Greensborough Walk” towards Main Street and forms part of the basement carpark. Its area is the equivalent of two tandem car parking spaces and an adjacent walkway which is accessible only by tenants within the building. There is no public access to this area.

LEGAL CONSIDERATION

LOCAL GOVERNMENT ACT 1989

Prior to selling land, the Act provides that Council must give public notice of its intention to do so and invite submissions from the public. Council must also obtain a valuation not more than six (6) months prior to the date of sale.

PUBLIC NOTICE

Public notice of Council’s intention to sell the subject land was given in the “Diamond Valley Leader” on 1 November 2017. No submissions were received.

HUMAN RIGHTS CHARTER

In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Victorian Charter of Human Rights and Responsibilities.

It is considered that the subject matter does not raise any human rights issues.

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72 MAIN STREET, GREENSBOROUGH - PART SALE OF LAND cont’d

Locality Plan

Figure 1: 72 Main Street, Greensborough outlined yellow, red hatched denotes the encroachment at basement level, beneath Greensborough Walk.

CURRENT SITUATION

To resolve the encroachment the owners of 68-78 Main Street, Greensborough, have offered to undertake and fund all works to realign the title boundary and purchase the Encroached Land. As the encroachment contains existing building works it is considered reasonable to pursue the sale of the Encroached Land as a means of resolving the encroachment.

The Encroachment Land forms part of a private carpark that is not accessible by the general public. As the land has not been available, it is reasonable to conclude that it is not required for public use.

The Encroached Land is heavily encumbered and cannot reasonably be used by any other party.

FUNDING IMPLICATIONS

The owners of 68-78 Main Street, Greensborough are funding all works to realign the title boundary to resolve the encroachment and to pay for the Encroached Land. The sale price is supported by an independent valuation which has been peer reviewed by Council’s City Valuer.

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72 MAIN STREET, GREENSBOROUGH - PART SALE OF LAND cont’d

POLICY IMPLICATIONS

Guidelines for the Sale and Exchange of Council Land

The Guidelines for the Sale and Exchange of Council Land (2009), provide that the sale of Council-owned land should be conducted through a public process, unless circumstances justify an alternative method of sale. In this instance there is only one potential buyer, namely the abutting owner.

Nevertheless, any sale of Council-owned land should be in the best interest of the community and provide the best result, both financial and non-financial for Council and the community.

OFFICER DECLARATION OF CONFLICT OF INTEREST

Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates.

Council officers involved in the preparation of this report have no conflict of interest in this matter.

CONCLUSION

Information on the encroachment onto 72 Main Street, Greensborough, and relevant matters of Council’s policy for the sale of land have been considered and addressed in this report. It is now appropriate to proceed to a decision to consider whether or not to sell the Land.

Given that the Encroached Land is not appropriate or considered reasonably required for public use, there appears to be no impediment to Council forming the view that the Land is surplus to Council’s and the community’s needs.

ATTACHMENTS Nil

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7.4 6 & 8 ELIZABETH GROVE, BUNDOORA - PROPOSED DISCONTINUANCE AND SALE OF RESULTANT LAND

Author: Amanda Allen - Property Coordinator, City Development Ward: Grimshaw

Previous Items Councillor Briefing on 10 August 2017 (Item 2017/145 - Proposed Discontinuance of Road Abutting 6 & 8 Elizabeth Grove Bundoora and Sale of Resultant Land to Abutting Owners) Council on 30 October 2017 (Item 7.1 - Proposed discontinuance of road abutting 6 & 8 Elizabeth Grove, Bundoora, and sale of resultant land)

EXECUTIVE SUMMARY

This report discusses a proposal to discontinue a section of road currently enclosed within the boundaries of 6 and 8 Elizabeth Grove, Bundoora, and to sell the resultant land to the property owners to facilitate a proposed redevelopment over both sites.

RECOMMENDATION

That:

1. Having complied with sections 207A(a) and 223 of the Local Government Act 1989:

a. by giving public notice in the “Diamond Valley Leader” on 8 November 2017; b. by providing an opportunity to those who have requested to be heard at Council’s Ordinary Meeting of 29 January 2018 to be heard at that meeting; and c. by recording that no submissions have been received;

Council forms the view that the section of ‘road’, located within the boundaries of 6 and 8 Elizabeth Grove, Bundoora (the Land) is no longer reasonably required for general public use for the following reasons:

 the proposal will not impact on the movement of pedestrians or vehicles within the vicinity of the ‘road’;  the service authority assets will be protected  the proposal does not adversely impact any native vegetation  the discontinuance of the section of ‘road’ will not affect physical access as it is currently enclosed within the boundaries of 6 and 8 Elizabeth Grove.

2. The section of ‘road’ to be discontinued, be removed from Council’s Road Register and the resultant land sold to the adjacent property owners at 6 and 8 Elizabeth Grove, Bundoora.

3. Council’s resolution be published in the Victoria Government Gazette.

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6 & 8 ELIZABETH GROVE, BUNDOORA - PROPOSED DISCONTINUANCE AND SALE OF RESULTANT LAND cont’d

4. Authorise the signing and sealing of the necessary documentation at the appropriate time.

COUNCIL PLAN

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

BACKGROUND

The ‘road’ in question has an approximate area of 142m2 and is shown highlighted blue on the locality plan below (the Land).

From the plan of subdivision, it appears that Elizabeth Grove was originally established as a no through road, closed in a court bowl end to the east of properties 7 and 8 Elizabeth Grove. A similar road arrangement appears in Endsleigh Avenue to the north.

Planning permit application P894/2016, for the construction of 6 dwellings over both sites, among other things, relied upon the Land for the provision of landscaping and to justify setbacks from Elizabeth Grove. In a letter dated 6 September 2016, Council’s Planning Department suggested the applicant’s best option for the site would be to purchase the Land and recommended the application be withdrawn until this process had been undertaken. The property owners have now approached Council to purchase the Land.

The Land is intended to be sold at market value (discounted for encumbrances) with the applicant to cover any additional costs relating to the discontinuance and sale.

LEGAL CONSIDERATION

The power to discontinue or remove ‘road’ status and sell the resultant land is conferred on Council pursuant to Section 206 and Schedule 10 Clause 3 of the Act.

Public notice of Council’s intention to discontinue the ‘road’ and sell the resultant land was given in the “Diamond Valley Leader” on 8 November 2017, with submissions on the proposal invited in accordance with section 223 of the Act. The submission period closed on 6 December 2017, with no submissions being received.

On publication of Council’s resolution to discontinue a ‘road’ in the Victoria Government Gazette, the ‘road’ status is removed and the title to resultant land then vests in Council.

HUMAN RIGHTS CHARTER

Victoria's Charter of Human Rights and Responsibilities (the Charter) outlines the basic human rights of all people in Victoria. The Charter requires that governments, local councils and other public authorities comply with Charter and to consider relevant Charter rights when they make decisions.

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6 & 8 ELIZABETH GROVE, BUNDOORA - PROPOSED DISCONTINUANCE AND SALE OF RESULTANT LAND cont’d

In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Charter. Section 20 provides that “A person must not be deprived of his or her property other than in accordance with law”.

It is considered that the subject matter does not raise any human rights issues because the power to discontinue a ‘road’ is conferred on Council pursuant to Section 206 and Clause 3 of Schedule 10 of the Act. Any person who considers that they have been deprived of their rights may make a submission in accordance with Section 223 of the Act with respect of a proposal to discontinue a ‘road’.

Locality Plan

Site Plan: 6 & 8 Elizabeth Grove, Bundoora

CURRENT SITUATION

Written acceptance of the terms and conditions of the sale have already been provided by the applicants. The proposal is subject to the completion of the necessary statutory procedures and Council resolving to discontinue the section of ‘road’ and sell the resultant land.

TECHNICAL CONSIDERATION

ENGINEERING CONSIDERATIONS

Council’s engineers advise that there is a 375mm diameter reinforced concrete pipe (Council drain) within the Land.

SERVICE AUTHORITY CONSIDERATIONS

Consultation with the relevant service authorities reveals that there are only Telstra assets contained within the vicinity of the land.

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6 & 8 ELIZABETH GROVE, BUNDOORA - PROPOSED DISCONTINUANCE AND SALE OF RESULTANT LAND cont’d

EASEMENT RIGHTS

Telstra Corporation Limited

Telstra Corporation Limited (Telstra) will not object to the discontinuance of the ‘road’ subject to the following conditions:

1. Telstra’s existing facilities are grandfathered under the Telecommunication Act 1997 (Cwth). This enables such facilities to legally occupy land in perpetuity for the duration of that facilities use. 2. Part 1 of Schedule 3 of the Telecommunications Act 1997 authorises a carrier to enter the land and exercise any of the following powers: a. Inspect the land b. Install a facility c. Maintain a facility

Banyule City Council

Easement rights will be saved over the existing asset on the eastern boundary of 8 Elizabeth Grove.

The saving of rights in favour of Council permits access to the Land at all times for purposes relating to the maintenance or construction of assets. It will also prevent the construction of any building, structure or obstruction of a permanent nature on any part of the Land which is encumbered by the easement set out above without prior written consent of the relevant authority.

PLANNING CONSIDERATIONS

The Banyule Planning Scheme governs the land use and development within the municipality and Banyule City Council is the responsible authority administering the scheme. Under the Planning Scheme, the section of ‘road’, is included in the General Residential Zone – Schedule 1 (GRZ1) and is affected by Vegetation Protection (VPO5) overlay controls.

Banyule’s Residential Neighbourhood Character Policy at Clause 22.02 of the Banyule Planning Scheme includes the area within its Garden Court (GC1) precinct.

POLICY IMPLICATIONS

Whist the ‘road’ in question is not a registered Right of Way, the principles and objectives for its discontinuance align with those within the Rights of Way Policy (2014). As such the proposal has been assessed having regard to this.

Within this context, it is considered that the ‘road’ is no longer required as a road for public use because:

 the proposal will not impact on the movement of pedestrians or vehicles within the vicinity of the ‘road’;  the service authority assets will be protected  the proposal does not adversely impact any native vegetation  the discontinuance of the section of ‘road’ will not affect physical access as it is currently enclosed within the boundaries of 6 and 8 Elizabeth Grove.

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6 & 8 ELIZABETH GROVE, BUNDOORA - PROPOSED DISCONTINUANCE AND SALE OF RESULTANT LAND cont’d

Furthermore, the Guidelines for the Sale and Exchange of Council Land (2009) is adhered to when administering the potential sale of any Council land.

DISCUSSION

The giving of public notice of Council’s intention to discontinue the section of ‘road’ does not compel Council to do so. Council is merely complying with its statutory obligations under the Act to give public notice and to hear and consider written submissions on such a proposal before deciding, at a future meeting of the Council, whether or not to discontinue the section of ‘road’ and sell the resultant land to the abutting owner.

As there have been no submissions in relation to this discontinuance and sale, and in accordance with the resolution from the Council Meeting on 30 October 2017, a decision can be made at this meeting on whether or not to discontinue this section of ‘road’ and sell to the owners of 6 and 8 Elizabeth Grove, Bundoora.

OFFICER DECLARATION OF CONFLICT OF INTEREST

Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates.

Council officers involved in the preparation of this report have no conflict of interest in this matter.

CONCLUSION

From the referral responses received, and the absence of formal submissions, there appears to be no impediment to Council forming the view that the ‘road’ is no longer reasonably required for general public use.

Accordingly, the proposal to discontinue the ‘road’ and sell the resultant land to the adjacent owners of 6 and 8 Elizabeth Road, Bundoora, should be supported.

ATTACHMENTS Nil

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7.5 12 LORIMER STREET, GREENSBOROUGH - PART SALE OF LAND

Author: Nicola Rooks - Property Officer, City Development Ward: Bakewell

EXECUTIVE SUMMARY

Consistent with Council’s delegated authority, statutory procedures were commenced to give public notice of Council’s intention to sell part of the Council owned land known as 12 Lorimer Street, Greensborough (the Land) to the abutting owner at 14 Lorimer Street, Greensborough (the applicant).

Consideration for the sale of the Land is proposed in response to a request by the applicant to purchase the section of land abutting their property.

Public notice was given in the “Diamond Valley Leader” on 1 November 2017, with submissions on the proposal invited in accordance with section 223 of the Local Government Act 1989. The submission period closed at 5:00pm on 30 November 2017 with no submissions being received.

This report seeks Council’s decision to consider the part sale of 12 Lorimer Street, Greensborough, to the abutting owner at 14 Lorimer Street, Greensborough.

RECOMMENDATION

That

1. Having complied with sections 189 and 223 of the Local Government Act 1989:

a. by giving public notice in the “Diamond Valley Leader” on 1 November 2017; b. by providing an opportunity to those who have requested to be heard at Council’s Ordinary Meeting of 29 January 2018; and c. by recording that no submissions have been received;

2. Council approves the sale of part of 12 Lorimer Street, Greensborough, to the owner of the abutting land at 14 Lorimer Street, Greensborough, and agrees to pursue an application to formally subdivide the part of the land for sale from the parent title.

3. Authorises the signing and sealing of the documentation at the appropriate time to effect the sale and transfer of the subject land.

COUNCIL PLAN

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

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12 LORIMER STREET, GREENSBOROUGH - PART SALE OF LAND cont’d

BACKGROUND

Council is the owner of the Land at 12 Lorimer Street, Greensborough. The Land is located directly opposite Greensborough Plaza Shopping Centre and currently includes part of a constructed road (The Circuit) and a section of road reserve.

The owner of the adjoining land at 14 Lorimer Street, Greensborough, has made a request to purchase a section of the Land, namely the road reserve.

In order to facilitate the sale, the property must be subdivided. The western section that currently serves as a road reserve, being an area of 268m2, will form a separate lot for potential sale as shown red hatched in Figure 1. The eastern section that serves as road will be set out as road (The Circuit) and vested with VicRoads.

Locality Plan

Figure 1: 12 Lorimer Street Greensborough, red hatched denotes the area (268m2) for potential sale after subdivision

LEGAL CONSIDERATION

LOCAL GOVERNMENT ACT 1989

Prior to selling land, the Act provides that Council must give public notice of its intention to do so and invite submissions from the public. Council must also obtain a valuation not more than six (6) months prior to the date of sale.

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12 LORIMER STREET, GREENSBOROUGH - PART SALE OF LAND cont’d

SUBDIVISION ACT 1988

An application to subdivide the land will be required under section 35(8) of the Subdivision Act 1988.

PUBLIC NOTICE

Public notice of Council’s intention to sell the subject land was given in the “Diamond Valley Leader” on 1 November 2017. No submissions were received.

HUMAN RIGHTS CHARTER

In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Victorian Charter of Human Rights and Responsibilities.

It is considered that the subject matter does not raise any human rights issues.

CURRENT SITUATION

To assess the suitability of the Land for sale, referrals were undertaken with internal departments. There were no objections provided the footpath and crash barriers were maintained and that two metres be retained between the east side of the footpath and the proposed property boundary for potential future widening. These requirements can be accommodated in the subdivision plan.

A dial before you dig enquiry reveals no assets are located on the land.

The Land currently serves no useful purpose for Council and has no public open space value.

The Land is zoned General Residential Zone, Schedule 1 (GRZ1) and is subject to Vegetation Protection Overlay, Schedule 5 (VPO5). An easement exists along the northern boundary of the Land and will need to be maintained.

Vehicle access to The Circuit from 12 Lorimer Street is unlikely to be supported and would require VicRoads approval.

FUNDING IMPLICATIONS

The applicant has supplied their own valuation with a 66% discount factor applied based on the uncertainty of what may be allowed to be built on the land (i.e. how many units will be possible). The valuation takes the following into account:

 the valuation assessment is based on the Land value of $900/m2 with a 66% discount factor applied.  the Land could not be developed as a standalone property.  there is no alternative purchaser.  the highest and best use for the Land is in conjunction with the adjoining property known as 14 Lorimer Street, Greensborough.

The discounted valuation has been agreed to in principle, subject to a current valuation as required under the Local Government Act 1989.

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12 LORIMER STREET, GREENSBOROUGH - PART SALE OF LAND cont’d

POLICY IMPLICATIONS

Guidelines for the Sale and Exchange of Council Land

The Guidelines for the Sale and Exchange of Council Land (2009), provide that the sale of Council-owned land should be conducted through a public process, unless circumstances justify an alternative method of sale. In this instance there is only one potential buyer, namely the abutting owner.

Nevertheless, any sale of Council-owned land should be in the best interest of the community and provide the best result, both financial and non-financial for Council and the community.

OFFICER DECLARATION OF CONFLICT OF INTEREST

Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates.

Council officers involved in the preparation of this report have no conflict of interest in this matter.

CONCLUSION

The relevant matters of Council’s policy for the sale of land have been considered and addressed in this report. It is now appropriate to proceed to a decision to consider whether or not to sell the Land.

There is no strategic purpose to retain the land, therefore, there appears to be no impediment to Council forming the view that the Land is surplus to Council’s and the community’s needs.

ATTACHMENTS Nil

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7.6 AWARD OF CONTRACT NO 0932-2018 - REFURBISHMENT WORKS AT ELDER STREET PAVILION

Author: Liam McArdle - Project Engineer, Assets & City Services Ward: Bakewell

EXECUTIVE SUMMARY

This report is to consider the awarding of Contract No 0932-2018 for ‘Refurbishment Works at Elder Street Pavilion’.

Council’s 2017/18 Capital Works programme includes the refurbishment of Elder Street Pavilion, Watsonia. The works generally comprise of internal fit out to deliver a more gender equitable environment. This is to accommodate the growing demand for female participation in sport and to encourage more females in becoming involved in sport.

Tenders were advertised in The Age and on Council’s website. During this period, 10 companies downloaded the tender documents and three submissions were received by the closing time.

Council’s adopted 2017/18 Capital Works programme has allocated $180,000 including SRV funding of which $25,000 has been spent on design. As a result of the tender evaluation, the Tender Evaluation Panel recommends that Council award Contract No 0932-2018 for ‘Refurbishment Works at Elder Street Pavilion’, for the lump sum price of $314,573.33 (excl. GST), to Kingdom Constructions Group Pty Ltd.

Given the above information, a further $190,000 will be required from the Asset Renewal Reserves to fund the project which includes a 10% contingency.

RECOMMENDATION

That:

1. Contract No. 0932-2018 for ‘Refurbishment Works at Elder Street Pavilion’, be awarded to Kingdom Constructions Group Pty Ltd for $314,573.33 (excl. GST);

2. A contract agreement with Kingdom Constructions Group Pty Ltd be signed;

3. The Common Seal of the Banyule City Council be affixed to the contract agreement; and

4. An additional $190,000 be allocated to the project from the Asset Renewal Reserves in order to fund the shortfall in the 2017/18 Capital Works Programme.

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AWARD OF CONTRACT NO 0932-2018 - REFURBISHMENT WORKS AT ELDER STREET PAVILION cont’d

COUNCIL PLAN

This report is in line with Banyule’s Council Plan key direction to “plan and manage the systems and assets that support Council’s service delivery”.

BACKGROUND

Council’s 2017/18 Capital Works programme includes the refurbishment of Elder Street Pavilion, Watsonia. The works generally comprise of internal fit out to deliver a more gender equitable environment to accommodate the growing demand for female participation in sport. Historically, sporting facilities have been designed primarily to meet the needs of male participants. Today, community sport and recreation facilities are becoming outdated and in a vast range of venues, do not provide the range of amenities that attract and sustain females throughout their life. To encourage more females to become active and involved in sport, user-friendly facilities are required.

Tenders were advertised in The Age on 21ST October 2017 and on Council’s website. During the period that the tenders were open, ten (10) companies downloaded the tender documents. Tenders closed at 3.00pm on the 14th of November 2017 and three (3) submissions were received by the closing time.

LEGAL CONSIDERATION

Section 186 of the Local Government Act 1989 (Act) requires Councils to undertake a competitive process to test the market by giving public notice and invite tenders before entering into a contract when the value of the contract is equal to or greater than:

 $150,000 (including GST) for contracts for the purchases of goods or services; or  $200,000 (including GST) for contracts for the carrying of works.

These thresholds have been set in alignment with the thresholds that apply to State Government and are reviewed from time to time. The threshold for the ‘carrying out of works’ was set by Ministerial Direction by order in Council dated 5 August 2008.

The awarding of this contract complies with the tendering provisions of Section 186 of the Local Government Act 1989.

Additional confidential information is contained in Attachment 1, as circulated in the confidential section of the agenda attachments. This is in accordance with Section 89(2) of the Local Government Act 1989, as the information relates to contractual matters and premature disclosure of the information could be prejudicial to the interests of Council or other persons. This item has been included in the public agenda to facilitate transparency and accountability in Council's decision making.

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AWARD OF CONTRACT NO 0932-2018 - REFURBISHMENT WORKS AT ELDER STREET PAVILION cont’d

BANYULE PROCUREMENT POLICY

Council’s Procurement Policy is made under Section 186A of the Local Government Act 1989.

The purpose of this Policy is to:

 provide policy and guidance to the Council to allow consistency and control over Procurement activities;  demonstrate accountability to ratepayers;  provide guidance on ethical behaviour in public sector purchasing;  demonstrate the application of elements of best practice in purchasing; and  increase the probability of obtaining the right outcome when purchasing goods and services.

The Act and the Procurement Policy of Council are the primary reference points for how all procurement should be performed.

The process for inviting quotations and evaluation was undertaken in accordance with the Policy.

HUMAN RIGHTS CHARTER

In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Victorian Charter of Human Rights and Responsibilities.

It is considered that the subject matter does not raise any human rights issues.

TENDER/QUOTATION EVALUATION

Tender Evaluation Criteria

All submitted tenders were evaluated using the following evaluation criteria which was listed in the tender documents:

 Tendered price.  Previous performance, experience and reliability in the provision of similar types of projects.  Qualifications and experience of nominated staff including experience of nominated sub-contractors.  Capacity and capability of the tenderer to undertake the services as specified.  Existence of an accredited management system and procedures covering quality, OH&S and environmental performance.  Past and Current Contracts.  Resources to be employed in the performance of the contract.  Proposed construction program,  Other information which Council considers as relevant.

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AWARD OF CONTRACT NO 0932-2018 - REFURBISHMENT WORKS AT ELDER STREET PAVILION cont’d

Tender Evaluation

The tenders were evaluated by the Tender Evaluation Panel (TEP) comprising of officers from Capital Projects and Procurement Units.

Prior to the opening of the tenders, the tender evaluation panel convened to set the weightings for each evaluation criteria and establish how the tenders would be evaluated, using a weighted evaluation matrix.

The tender evaluation panel individually scored the tenders and then a tender evaluation panel meeting was held to agree on the consensus scores. The weighted score for the tender was:

Tenderers name Weighted score

1. Kingdom Constructions Group Pty 90.85 Ltd 2. Bayside Commercial Builders Pty 83.50 Ltd 3. Everline Connection P/L 74.18

In undertaking the assessment, all members of the TEP completed and signed the Conflict of Interest and confidentiality declaration.

As a result of the tender evaluation, the Tender Evaluation Panel recommends that Council award, Contract No 0932-2018 for ‘Refurbishment Works at Elder Street Pavilion’, for the lump sum price of $ 314,573.33 (excl. GST), to Kingdom Constructions Group Pty Ltd.

Reference checks have been conducted for the preferred contractor to confirm their capability and past performance, and the proposed contractor is a current supplier to Council.

FUNDING IMPLICATIONS

Council’s adopted 2017/18 Capital Works programme has allocated $180,000 including SRV funding for these works to be undertaken in financial year 2017-18, with $25,000 spent to date for design costs. Based on the tender submissions and outcome of the assessment, a further $190,000 will be required to complete the project.

The prices submitted by tenderers were considered high by the TEP, however they are reflective of the current market across Victorian Local Government projects. It is assumed that this comes as a result of the large number of State Government projects currently being undertaken across Victoria, and it is intended to monitor this trend in future tenders.

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AWARD OF CONTRACT NO 0932-2018 - REFURBISHMENT WORKS AT ELDER STREET PAVILION cont’d

A value management exercise was undertaken, however any reductions of the project scope would have significantly impacted the desired outcome of the project. Several other options were explored including retendering, not proceeding with the project or to defer the refurbishment to next financial year and reallocate funding to deliver Elder Street. As the tender prices are representative of the current market, retendering would result in similar prices and lengthy delays to the project which would significantly impact the community use of the facility during their sporting season. As this project includes funding from the SRV, deferring or no longer proceeding would potentially result in losing the external funding.

As a result of the tender evaluation and subsequent analysis of alternative funding options, it is recommended that the additional $190,000 be allocated from the Asset Renewal Reserves to cover the project cost and 10% contingency.

OFFICER DECLARATION OF CONFLICT OF INTEREST

Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates.

Council officers involved in the preparation of this report have no conflict of interest in this matter.

CONCLUSION

As a result of the tender evaluation, the Tender Evaluation Panel recommends that Council award Contract No 0932-2018 for ‘Refurbishment Works at Elder Street Pavilion’, for the lump sum price of $ 314,573.33 (excl. GST), to Kingdom Constructions Group Pty Ltd. This will require a further $190,000 to be allocated from the Asset Renewal Reserves to cover the contract cost and 10% contingency.

ATTACHMENTS N Title Page o . 1 Tender Evaluation Matrix - CONFIDENTIAL

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7.7 AWARD OF CONTRACT NO 0939-2018 - REFURBISHMENT WORKS AT GABONIA AVENUE PAVILION

Author: Liam McArdle - Project Engineer, Assets & City Services

EXECUTIVE SUMMARY

This report is to consider the awarding of Contract No 0939-2018 for ‘Refurbishment Works at Gabonia Avenue Pavilion’.

Council’s 2017/18 Capital Works programme includes the refurbishment of Gabonia Avenue Pavilion, Watsonia. The works generally comprise of internal fit out to deliver a more gender equitable environment. This is to accommodate the growing demand for female participation and encourage more females to become more involved in sport.

Tenders were advertised in The Age and on Council’s web site. During this period, eight companies downloaded the tender documents and four submissions were received by the closing time.

Council’s adopted 2017/18 Capital Works programme has allocated $500,000 for these works to be undertaken, of which $30,000 has been spent on design costs.

As the highest scoring tender submission, the Tender Evaluation Panel recommends that Council award Contract No ‘0939-2018 for ‘Refurbishment works at Gabonia Avenue Pavilion’, for the lump sum price of $ 547,049.00 (excl GST), to Ducon Maintenance Pty Ltd.

A further $100,000 will be required to be allocated from the Asset Renewal Reserves to cover the contract cost and 5% contingency.

RECOMMENDATION

That:

1. Contract No. ‘0939-2018 for ‘Refurbishment works at Gabonia Avenue Pavilion’ be awarded to Ducon Maintenance Pty Ltd, for $ 547,049.00 (excl. GST);

2. A contract agreement with Ducon Maintenance Pty Ltd be signed;

3. The Common Seal of the Banyule City Council be affixed to the contract agreement; and

4. An additional $100,000 be allocated to the project from the Asset Renewal Reserves, in order to fund the shortfall in the 2017/18 Capital Works Programme.

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AWARD OF CONTRACT NO 0939-2018 - REFURBISHMENT WORKS AT GABONIA AVENUE PAVILION cont’d

COUNCIL PLAN

This report is in line with Banyule’s Council Plan key direction to “plan and manage the systems and assets that support Council’s service delivery”.

BACKGROUND

Council’s 2017/18 Capital Works programme includes the refurbishment of Gabonia Avenue Pavilion, Watsonia. The works generally comprise of internal fit out to deliver a more gender equitable environment to accommodate the growing demand for female participation in sport. Historically sporting facilities have been designed primarily to meet the needs of male participants. Today, community sport and recreation facilities are becoming outdated and, in a vast range of venues, do not provide the range of amenities that attract and sustain females throughout their life. To encourage more females to become active and involved in sport, user-friendly facilities are required.

Tenders were advertised in The Age on 21ST October 2017 and on Council’s web site. During the period that the tenders were open, eight companies downloaded the tender documents. Tenders closed at 3.00pm on the 14th of November 2017 and four submissions were received by the closing time.

LEGAL CONSIDERATION

Section 186 of the Local Government Act 1989 (Act) requires Councils to undertake a competitive process to test the market by giving public notice and invite tenders before entering into a contract when the value of the contract is equal to or greater than:

 $150,000 (including GST) for contracts for the purchases of goods or services; or  $200,000 (including GST) for contracts for the carrying of works.

These thresholds have been set in alignment with the thresholds that apply to State Government and are reviewed from time to time. The threshold for the ‘carrying out of works’ was set by Ministerial Direction by order in Council dated 5 August 2008.

The awarding of this contract complies with the tendering provisions of Section 186 of the Local Government Act 1989.

Additional confidential information is contained in Attachment 1, as circulated in the confidential section of the agenda attachments. This is in accordance with Section 89(2) of the Local Government Act 1989, as the information relates to contractual matters and premature disclosure of the information could be prejudicial to the interests of Council or other persons. This item has been included in the public agenda to facilitate transparency and accountability in Council's decision making.

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AWARD OF CONTRACT NO 0939-2018 - REFURBISHMENT WORKS AT GABONIA AVENUE PAVILION cont’d

BANYULE PROCUREMENT POLICY

Council’s Procurement Policy is made under Section 186A of the Local Government Act 1989.

The purpose of this Policy is to:

 provide policy and guidance to the Council to allow consistency and control over Procurement activities;  demonstrate accountability to ratepayers;  provide guidance on ethical behaviour in public sector purchasing;  demonstrate the application of elements of best practice in purchasing; and  increase the probability of obtaining the right outcome when purchasing goods and services.

The Act and the Procurement Policy of Council are the primary reference points for how all procurement should be performed.

The process for inviting quotations and evaluation was undertaken in accordance with the Policy.

HUMAN RIGHTS CHARTER

In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Victorian Charter of Human Rights and Responsibilities.

It is considered that the subject matter does not raise any human rights issues.

TENDER/QUOTATION EVALUATION

Tender Evaluation Criteria

All tenders were evaluated using the following evaluation criteria, which was listed in the tender document:

 Tendered price;  Previous performance, experience and reliability in the provision of similar types of projects.  Qualifications and experience of nominated staff including experience of nominated sub-contractors,  Capacity and capability of the tenderer to undertake the services as specified;  Existence of an accredited management system and procedures covering quality, OH&S and environmental performance;  Past and Current Contracts;  Resources to be Employed in the performance of the contract;  Proposed construction program;  Other information which council consider as relevant.

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AWARD OF CONTRACT NO 0939-2018 - REFURBISHMENT WORKS AT GABONIA AVENUE PAVILION cont’d

Tender Evaluation

The tenders were evaluated by the Tender Evaluation Panel (TEP) comprising officers from Capital Projects and Procurement Units.

Prior to the opening of the tenders, the TEP convened to set the weightings for each evaluation criteria and establish how the tenders would be evaluated using a weighted evaluation matrix.

The tender evaluation panel individually scored the tender and requested further clarifications. Following this, a tender evaluation panel meeting was held to agree on the consensus scores. The weighted score for the tender was:

Tenderers name Weighted score

1. Ducon Maintenance Pty Ltd 80.34 2. Bayside Commercial Builders Pty 78.00 Ltd 3. Kingdom Constructions Group Pty 73.88 Ltd 4. Everline Connection P/L 71.44

In undertaking the assessment, all members of the TEP completed and signed the Conflict of Interest and confidentiality declaration.

As the highest scoring tender submission, the Tender Evaluation Panel recommends that Council award Contract No ‘0939-2018 for ‘Refurbishment works at Gabonia Avenue Pavilion’, for the lump sum price of $ 547,049.00 (excl GST) to Ducon Maintenance Pty Ltd.

While Ducon Maintenance Pty Ltd were not the lowest tender price, the TEP recognised that they minimised the risk to Council in delivering the project and provide the best value overall to Council.

Reference checks have been conducted for the preferred contractor to confirm their capability and past performance. The proposed contractor is also a current supplier to Council.

FUNDING IMPLICATIONS

Council’s adopted 2017/18 Capital Works programme has allocated $500,000 for these works to be undertaken in financial year 2017-18, with $30,000 spent to date for design costs. A further $100,000 will be required to be complete the project.

The prices submitted by tenderers were considered high by the TEP, however they are reflective of the current market across Victorian Local Government projects. It is assumed that this comes as a result of the large number of State Government projects currently being undertaken across Victoria, it is intended to monitor this trend in the future.

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AWARD OF CONTRACT NO 0939-2018 - REFURBISHMENT WORKS AT GABONIA AVENUE PAVILION cont’d

A value management exercise was undertaken, however any reductions of the project scope would have significantly impacted the desired outcome of the project. Following this some options were explored including retendering or not proceeding with the project. As the tender prices are representative of the current market, retendering would result in similar prices and lengthy delays to the project, significantly impacting community use of the facility during their sporting season.

As a result of the tender evaluation and subsequent analysis of alternative funding options, it is recommended that the additional $100,000 be allocated from the Asset Renewal Reserves to cover the contract cost and 5% contingency.

OFFICER DECLARATION OF CONFLICT OF INTEREST

Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates.

Council officers involved in the preparation of this report have no conflict of interest in this matter.

CONCLUSION

As a result of the tender evaluation, the Tender Evaluation Panel recommends that Council award Contract No ‘0939-2018 for ‘Refurbishment works at Gabonia Avenue Pavilion’, for the lump sum price of $ 547,049.00 (excl GST) to, Ducon Maintenance Pty Ltd. This will require a further $100,000 to be allocated from the Asset Renewal Reserves to cover the contract cost and 5% contingency.

ATTACHMENTS N Title Page o . 1 Tender Evaluation Matrix - CONFIDENTIAL

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7.8 INDEPENDENT AUDIT & RISK COMMITTEE MEMBER

Author: Tiziana McKenzie - Executive Assistant Corporate Services, Corporate Services

EXECUTIVE SUMMARY

The Audit and Risk Committee is an advisory committee formally appointed by the Council and is responsible to the Council. The Audit and Risk Committee’s role is to report to the Council and provide appropriate advice and recommendations on matters relevant to its charter in order to facilitate decision making by the council in relation to the discharge of its responsibilities.

The Committee consists of at least two Councillors at least and two suitably qualified Independent Representatives. Council appoints the Committee members and the Committee Chair.

Each Committee member should have the skills, knowledge and experience to fulfil the responsibilities under this charter including, but not limited to, Accounting, Business processes, Information and Technology qualifications, local government experience. An understanding of risk assessment and risk management in practice.

With retirement of Hugh Parkes as the independent Audit & Risk committee member for 20 years, a vacancy was created. Council subsequently advertised for a suitable replacement receiving 27 applications.

Officers established a panel which created a shortlist of candidates and conducted a series of interviews.

Following the interview process, the panel decided to recommend two candidates. The first candidate to appointed from 1 February 2018 with second to become effective from 1 October 2018.

The panel recommend to Council the appointment of Dr Irene Irvine as the new Independent Audit and Risk Committee member from 1 February 2018 and Dr Stuart Kells from 1 October 2018.

RECOMMENDATION

That Council appoint Dr Irene Irvine as the new Independent Audit and Risk Committee member from 1 February 2018 and Dr Stuart Kells from 1 October 2018 for a period of three years.

COUNCIL PLAN

This report is in line with Banyule’s Council Plan key direction to “Provide good governance and be accountable”.

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INDEPENDENT AUDIT & RISK COMMITTEE MEMBER cont’d

BACKGROUND

The Audit and Risk Committee is an advisory committee formally appointed by the Council and is responsible to the Council. The Audit and Risk Committee’s role is to report to the Council and provide appropriate advice and recommendations on matters relevant to its charter in order to facilitate decision making by the council in relation to the discharge of its responsibilities.

The Committee consists of at least two Councillors and two suitably qualified Independent Representatives. Council appoints the Committee members and the Committee Chair.

With retirement of Hugh Parkes as the independent Audit & Risk committee member for 20 years, a vacancy was created.

On Saturday, 23 September 2017, Council advertised in ‘The Age’ and on Council’s website for an Independent Audit and Risk Committee member for its Audit and Risk Advisory Committee with appropriate qualifications and experience to assist Councillors in discharging their governance responsibilities.

Interest was expressed from candidates with various skills, experience and competencies. Council received a significant response with 27 candidates submitting applications. A short list of candidates was selected for interview by the Panel consisting of John Purcell (Independent Audit and Risk Committee member), Cr Rick Garotti, Director Corporate Services, Marc Giglio, and independent consultant, Lydia Wilson.

Following the interview process, the panel discussed the merits of appointing two candidates given the fact that John Purcell’s term as Independent Audit and Risk Committee member will conclude on 30 September 2018. Ideally, the expiry time for Independent Representatives should preferably occur in a different period to each other ensuring continuity of knowledge and therefore it was deemed in close enough proximity to recommend an appointment of two members.

The first candidate will be appointed effective 1 February 2018 with second candidate becoming effective from 1 October 2018. This will provide the opportunity for the second candidate to attend and observe the Audit and Risk Committee, however, won’t be entitled to any committee voting rights.

Following a comprehensive interview and background referee checks the Panel recommends to Council that Dr Irene Irvine be appointed as the new Independent Audit and Risk Committee member from 1 February 2018 and Dr Stuart Kells from 1 October 2018.

Dr Irvine has considerable experience as a Consultant, Senior Executive, Company Director and Audit Committee Member who has a track record of success in working collaboratively with Boards, Senior Executives and Audit Committees to monitor performance, review risk profile, track and advise on audit focus and findings, review control measures, prevent and diagnose fraud, ensure legislative compliance and maintain reporting accountabilities. Audit experience gained in finance, tourism, utilities, education, government and NPF sectors.

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INDEPENDENT AUDIT & RISK COMMITTEE MEMBER cont’d

Dr Stuart Kells has over 20 years experience advising leaders in government and business on economic and financial analysis, strategy and business improvement. His areas of expertise include performance audit, probity advice, economic and financial modelling, governance and institutional design, and evaluation. For more than a decade, Stuart was a senior executive in the Victorian Government, where his roles included Assistant Auditor-General, Executive Director of the Office of Manufacturing, and Executive Director of the State Services Authority.

LEGAL CONSIDERATION

There are no direct legal implications arising from the recommendation contained in this report.

HUMAN RIGHTS CHARTER

In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Victorian Charter of Human Rights and Responsibilities.

It is considered that the subject matter does not raise any human rights issues.

OFFICER DECLARATION OF CONFLICT OF INTEREST

Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates.

Council officers involved in the preparation of this report have no conflict of interest in this matter.

CONCLUSION

The appointment of Dr Irene Irvine and Dr Stuart Kells, as Independent Audit and Risk Committee members of Council’s Audit and Risk Advisory Committee, ensures that Banyule has diverse and skilled representation on one of its very important advisory committees.

ATTACHMENTS Nil

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7.9 ITEMS FOR NOTING

Author: Catherine Simcox - Senior Community Services Development Officer, Community Programs

RECOMMENDATION

That Council note the following minutes:

a) Disability and Inclusion Advisory Committee Meeting on 13 December 2017; b) LGBTI Advisory Committee Meeting on 7 December 2017; c) Multicultural Advisory Committee Meeting on 11 December 2017; d) Age Friendly City Advisory Committee Meeting on 11 December 2017; e) Aboriginal and Torres Strait Islander Advisory Committee Meeting on 23 November 2017.

The following Minutes are presented for noting:

1. Report/Committee Name: Disability and Inclusion Advisory Committee Officer: Michael Uniacke Brief explanation: The Disability and Inclusion Advisory Committee held its final meeting for 2017 on Wednesday 13 December 2017 in the Greensborough Council offices. The minutes from the meeting are in Attachment 1.

The aim of the Disability and Inclusion Advisory Committee is to provide Council with advice and information on issues facing people with disabilities and on the development and implementation of Council’s Disability Action Plan.

Highlights include discussion on the draft Banyule Disability Plan and events for the international day of people with disability.

2. Report/Committee Name: LGBTI Advisory Committee Officer: Gemma Boucher Brief explanation: The Advisory Committee held its final meeting for 2017 on 7 December 2017 in the Ivanhoe Council offices. The minutes from the meeting are in Attachment 2.

The aim of the LGBTI Advisory Committee is to provide Council with advice and information on issues facing the LGBTI community in Banyule, and on the development and implementation of Council’s LGBTI Plan.

Highlights include marriage equality being passed through federal parliament whilst the meeting was held and the preparation for Midsumma celebrations including Carnival, Pride March and Qwere Street.

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ITEMS FOR NOTING cont’d

3. Report/Committee Name: Multicultural Advisory Committee Meeting Officer: Gemma Boucher Brief explanation: The Advisory Committee held its final meeting for 2017 on 11 December 2017 in the Ivanhoe Council offices. The minutes from the meeting are in Attachment 3.

The aim of the Multicultural Advisory Committee is to provide Council with advice and information on issues facing the multicultural community in Banyule.

Highlights include an update from and discussion with the Arts and Culture team on the 2018 theme, advocacy for a prayer room at Northland Shopping Centre and changing the 2018 meeting schedule to avoid clashing with the Council meeting and alternating between Ivanhoe and Greensborough.

4. Report/Committee Name: Age Friendly City Advisory Committee Officer: Catherine Simcox Brief explanation: The Age-friendly Advisory Committee met on 11 December 2017. The minutes from the meeting are in Attachment 4.

The aim of the Age-friendly City Advisory Committee is to provide Council with advice on older adult issues and ageing well in Banyule. The Committee will oversee Councils involvement in the World Health Organisations Global Network of Age-friendly Cities.

Highlights include:

 Discussion on the popularity for the Senior’s morning tea. The Committee recommended that a report be prepared for Council on the 2017 Seniors Festival and that Council consider hosting a third event as part of the festival.  Banyule Age friendly Champions will be celebrating their third birthday on 15th February 2018, this event will also include the launch of the Older Adults Strategic Plan.  Provided with an update on activities involving the Banyule Age friendly Champions (volunteers) and organised a working group to assist in preparations for Banyule to host the 2018 Australian Age-friendly Cities Forum.

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ITEMS FOR NOTING cont’d

5. Report/Committee Name: Aboriginal and Torres Strait Islander Advisory Committee Officer: Theonie Tacticos Brief explanation: The Advisory Committee held its final meeting for 2017 on 23 November 2017 at the Barrbunin Beek Gathering Place. The minutes from the meeting are in Attachment 5.

The aim of the Aboriginal and Torres Strait Islander Advisory Committee is to provide Council with advice and information on issues facing the Aboriginal and Torres Strait Islander community in Banyule, and on the development and implementation of Council’s Aboriginal and Torres Strait Islander Plan.

ATTACHMENTS N Title Page o . 1 Disability Advisory Committee December 2017 Minutes ⇨

2 LGBTI Advisory Committee December 2017 Minutes ⇨

3 Multicultural Advisory Committee December 2017 Minutes ⇨

4 Age-friendly City Advisory Committee December 2017 Minutes ⇨

5 Aboriginal and Torres Strait Islander Advisory Committee November ⇨ 2017 Minutes

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7.10 ASSEMBLY OF COUNCILLORS

Author: Ellen Kavanagh - Governance Officer, Corporate Services

EXECUTIVE SUMMARY

Under the Local Government Act 1989 an Assembly of Councillors is defined as:

A meeting of an advisory committee of the Council, if at least one Councillor is present or; A planned or scheduled meeting of at least half of the Councillors and one member of Council staff which considers matters that are intended or likely to be:

a) the subject of a decision of the Council or; b) subject to the exercise of a function, duty or power of the Council that has been delegated to a person or committee.

In accordance with Section 80A of the Local Government Act 1989 Council is required to report as soon as possible to an Ordinary Meeting of Council a record of any assemblies of Councillors held. Below is the latest listing of notified assemblies of Councillors held at Banyule City Council.

RECORD OF ASSEMBLIES

1 Date of Assembly: 4 December 2017 Type of Meeting: Councillor Briefing Matters Considered: 1. Final Public Toilet Plan 2. Smoke Free Options for Main Street, Greensborough 3. Cemetery Trust Meeting 4. Social Enterprise Update 5. Capital Works Program 6. Council Plan Progress Update, Rating Strategy Final Draft & Fees & Charges Councillors Present: Peter Castaldo Mark Di Pasquale Rick Garotti Craig Langdon Tom Melican Alison Zandegu

Staff Present: Simon McMillan – Chief Executive Officer Allison Beckwith – Director Community Programs Scott Walker – Director City Development Marc Giglio – Director Corporate Services Geoff Glynn – Director Assets & City Services Vivien Ferlaino – Governance Coordinator Claudia Oqueli – Operations Infrastructure Coordinator

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ASSEMBLY OF COUNCILLORS cont’d

Lisa Raywood – Manager Health, Aged & Community Planning Karly Maurer - Health Services Coordinator Matthew Planksken – Health Technical Officer Jan Richardson – Cemetery Administrator Joseph Tabacco – Manager Property & Economic Development James Kelly – Manager Delivery & Assets Tania O’Reilly - Manager Finance & Procurement

Others Present: Nil Conflict of Interest: Nil

2 Date of Assembly: 11 December 2017 Type of Meeting: Councillor Briefing Matters Considered: Items on the Council Agenda for the Ordinary Meeting of 11 December 2017 (excluding confidential items) as listed below:

2.1 Erskine Road, Macleod - Request for a Safe Pedestrian Crossing 3.1 Recreation Plan 2017 - 2021 and Arts and Culture Strategic Plan 2017 - 2021 3.2 Art Collection Acquisition Submission 4.1 North East Link - Announcement of Corridor A as Victorian Government's preferred option 5.1 6 to 12 Wamba Road, 173 to 177A The Boulevard and 1, 3, 7, 9, 11 and 13 Wilfred Road, Ivanhoe East - application for a multi- dwelling integrated development (three, 3- level buildings comprising 107 apartments and 11 townhouses) (P996/2017) 5.2 60 St Helena Road, Greensborough - Three Dwelling Development (P985/2017) 5.3 Alexandra Street, Greensborough - Traffic and Parking Investigation 5.4 Rattray Road and Were Street, Montmorency - Zebra Crossing Concerns 5.5 Path at Watsonia Library - From Ibbottson Street to Footpath towards Watsonia Train Station (Underneath Power Lines) 5.6 Supervised Children's Crossing Locations & Subsidy for 2018/19 5.7 Public Open Space Amendment C124 and Omnibus Banyule Planning Scheme Amendment C114

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ASSEMBLY OF COUNCILLORS cont’d

5.8 Postcode 3081 Urban Design Framework and Amendment C120 5.9 Greensborough Transport Masterplan 5.10 Heidelberg West Industrial Estate - High Speed Broadband Project 5.11 Draft Ivanhoe Parking Plan for Public Consultation 5.12 Sub Regional Indoor Sports Needs Analysis 7.1 Public Consultation - Banyule City Council's Draft Schedule of Fees and Charges 2018/19 7.2 Public Consultation - Banyule City Council's Draft Rating Strategy 2018/19 7.3 Awarding of Contract No 0931-2018 Painting Works on Council Facilities 7.4 Awarding of Contract TPAMS 2025 for Provision of Data, Voice, Mobile, Internet and Support Services 7.5 Awarding of Contract No 0913-2017, 'Design, Supply, Install and Commissioning of PV Solar Panels for Council Buildings 7.6 Items for Noting 7.7 Assembly of Councillors 8.1 Sealing of Documents Urgent Business 1. Lower Plenty Road / Ellesmere Parade Intersection Arrangements 2. Municipal Wide Drainage

General Business

Councillors Present: Peter Castaldo Mark Di Pasquale Rick Garotti Craig Langdon Tom Melican Wayne Phillips Alison Zandegu

Staff Present: Simon McMillan – Chief Executive Officer Allison Beckwith – Director Community Programs Scott Walker – Director City Development Marc Giglio – Director Corporate Services Geoff Glynn – Director Assets & City Services Gina Burden – Manager Governance & Communication Kellie O’Shea – Senior Governance Officer

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ASSEMBLY OF COUNCILLORS cont’d

Daniel Kollmorgen – Manager Transport, Sustainability and Municipal Laws Ana Caicedo – Engineering Services Coordinator Joel Elbourne – Manager Urban Planning & Building Sanjev Sivananthanayagam – Traffic & Transport Team Leader David Bailey – Transport Advocacy Manager Sarah Griffiths – Development Planning Co- ordinator Joseph Tabacco – Manager Property & Economic Development Darren Bennett – Manager Leisure, Recreation & Culture Services

Others Present: Nil Conflict of Interest: Nil

RECOMMENDATION

That the Assembly of Councillors report be received.

ATTACHMENTS Nil

Ordinary Meeting of Council - 29 January 2018 Page 84 Sealing of Documents

8.1 SEALING OF DOCUMENTS

Authors: Andrea Turville - Property Officer, City Development & Amanda Allen - Property Coordinator, City Development Ward: Various

RECOMMENDATION

That the Common Seal of the Banyule City Council be affixed to the following documents:

1. Deed of Surrender of Lease between Banyule City Council and Lower Plenty Kindergarten Association Inc.;

2. Deed of Surrender of Lease between Banyule City Council and East Ivanhoe Preschool Inc.;

3. Lease and Service Level Agreement between Banyule City Council and Child and Family Care Network Inc; and

4. The appropriate documentation to give effect to the formal sale of land at 56 Jacqueline Road, Bundoora, to the abutting owner.

5.

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

1 PARTY\PARTIES: Banyule City Council (Council) and Lower Plenty . Preschool Association Inc. (Committee) OFFICER: Andrea Turville FILE NUMBER: F2017/1149 DOCUMENT: Deed of Surrender of Lease ADDRESS: 34 Glenauburn Road, Lower Plenty WARD: Hawdon BRIEF EXPLANATION: Council is the owner of a Preschool situated at 34 Glenauburn Road, Lower Plenty. The Committee and Council have recently agreed to hand over management of the Preschool to Child and Family Care Network Inc. (Bestchance). In order to facilitate this new arrangement, the Committee is required to surrender the Lease by signing a Deed of Surrender of Lease (Deed). Council will then enter into a new Lease with Bestchance for the remainder of the lease period which expires 30 April 2020. Council should support this agreement by resolving to affix its Common Seal to the Deed.

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SEALING OF DOCUMENTS cont’d

2 PARTY\PARTIES: Banyule City Council (Council) and East Ivanhoe . Preschool Inc. (Committee) OFFICER: Andrea Turville FILE NUMBER: F2013/1146 DOCUMENT: Deed of Surrender of Lease ADDRESS: 1 King Street, Ivanhoe East WARD: Griffin BRIEF EXPLANATION: Council is the owner of a Preschool situated at 1 King Street, Ivanhoe East. The Committee and Council have recently agreed to hand over management of the Preschool to Child and Family Care Network Inc. (Bestchance). In order to facilitate this new arrangement, the Committee is required to surrender the Lease by signing a Deed of Surrender of Lease (Deed). Council will then enter into a new Lease with Bestchance for the remainder of the lease period which expires 30 April 2020. Council should support this agreement by resolving to affix its Common Seal to the Deed.

3 PARTY\PARTIES: Banyule City Council (Council) and Family and . Childcare Network Inc. (Bestchance) OFFICER: Andrea Turville FILE NUMBER: F2017/6612 DOCUMENT: Lease and Service Level Agreement ADDRESS: 34 Glenauburn Road, Lower Plenty and 1 King Street, Ivanhoe East WARD: Hawdon & Griffin BRIEF EXPLANATION: Council is the owner of Preschools situated at 34 Glenauburn Road, Lower Plenty and 1 King Street, Ivanhoe East, being Lower Plenty Kindergarten Association and East Ivanhoe Preschool (Committees) The Committees and Council have recently agreed to hand over management of both preschools to Child and Family Care Network Inc. (Bestchance). In order to facilitate this new arrangement, Bestchance are required to enter into a Lease and Service Level Agreement for the remainder of the lease period which expires 30 April 2020. Council should support this agreement by resolving to affix its Common Seal to the Lease and Service Level Agreement.

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SEALING OF DOCUMENTS cont’d

4 PARTY\PARTIES: Banyule City Council and Mr Brian Bowden .OFFICER: Amanda Allen FILE NUMBER: F2015/1784 DOCUMENT: Transfer of Land ADDRESS: 56 Jacqueline Road, Bundoora WARD: Grimshaw BRIEF EXPLANATION: Further to the resolution at its Ordinary Meeting on 20 November 2017, the finalisation of the sale of land at 56 Jacqueline Road, Bundoora, to the abutting owner requires the affixing of the Common Seal of the Banyule City Council.

ATTACHMENTS Nil

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