Agenda Ordinary Council Meeting

Ordinary Council Meeting

Notice is given that an Ordinary Meeting of the Kingston City Council will be held at 7.00pm at 1230 Nepean Hwy, Cheltenham, on Monday 27 May 2013.

1 Apologies

2 Confirmation of Minutes of Previous Meetings

3 Declaration by Councillors or Officers of any Conflict of Interest 4 Petitions 5 Presentations 6 Reports from Village Committees

7 Reports from Delegates Appointed by Council to Various Organisations 8 Question Time 9 Environmental Sustainability Reports 10 Community Sustainability Reports 11 Organisational Development and Governance Reports 12 Corporate Services Reports

13 Notices of Motion

14 Urgent Business 15 Items in Camera City of Kingston Ordinary Council Meeting Agenda 27 May 2013

Notice is given that an Ordinary Meeting of Kingston City Council will be held at 7.00pm at the Cheltenham Office, 1230 Nepean Highway, Cheltenham, on Monday 27 May 2013.

1. Apologies

2. Confirmation of Minutes of Previous Meetings Minutes of Ordinary Council Meeting of 22 April 2013 Minutes of Special Council Meeting of 29 April 2013 Minutes of Special Council Meeting of 13 May 2013 Minutes of Special Council Meeting of 20 May 2013

3. Foreshadowed Declaration by Councillors, Officers or Contractors of any Conflict of Interest [Note that any Conflicts of Interest need to be formally declared at the start of the meeting and immediately prior to the item being considered – type and nature of interest is required to be disclosed – if disclosed in writing to the CEO prior to the meeting only the type of interest needs to be disclosed prior to the item being considered.]

4. Petitions Speed Limit on Old Dandenong Road, Oakleigh South Collins Street Council Depot Site Note: This petition was originally presented to Council at its Ordinary meeting on 22 November 2010. Council resolved to refer consideration of the petition to the Mentone Structure Plan consultation. Council adopted the Mentone Structure Plan at its meeting on 11 July 2011 which included consideration of the petition.

5. Presentation of Awards Past Junior Mayor – Matthew Bergen New Junior Mayor – Daniel Passante

6. Reports from Village Committees

7. Reports from Delegates Appointed by Council to Various Organisations

8. Question Time

9. Environmental Sustainability Reports P 70 Town Planning Application Decisions – April 2013 ...... 12 P 71 KP861/2009/A – 1322-1328 Nepean Highway, Cheltenham ...... 21 P 72 Amendment C124 – Mentone Activity Centre Zone ...... 64 P 73 Proposed Planning Scheme Amendment C133 – 1 The Fairway, Bonbeach ...... 115 P 74 Road Management Plan Review ...... 141 P 75 Open Space Mowing Services Contract No. 12/69...... 198

10. Community Sustainability Reports P 76 Community Grants Program 2013-14 – Perceived Conflict of Interest for Individual Development Grant ...... 201 City of Kingston Ordinary Council Meeting Agenda 27 May 2013

P 77 Contract 12/35 – Provision of Cleaning Services at 1230 Nepean Highway, Mentone ...... 213

11. Organisational Development & Governance Reports P 78 Kingston Charitable Fund Grant Assessment Panel – Council Appointment Community Representatives ...... 218 P 79 March 2013 Quarterly Report on Council Plan Progress ...... 221 P 80 Assembly of Councillors Record ...... 306 P 81 Ward Funds Expenditure Allocation ...... 335 P 82 Councillor Support and Reimbursement of Expenses Policy ...... 338 P 83 Recording of Council Meetings ...... 346 P 84 Ward Councillor Meeting Policy ...... 353 P 85 Naming Request for the Regents Park Clubrooms at Aspendale ...... 363

12. Corporate Services Reports P 86 Amendment to Council Policy 1.01 Charity Collections/Appeals ...... 370 P 87 Mordialloc Creek Mooring Pile Replacement and Renewal of Blueys Jetty ...... 387 P 88 Proposed Alcohol Free Zone Carrum Foreshore ...... 393 P 89 Proposed Relocation of Dog Off Leash Park Reg Marlow Reserve ...... 401

13. Notices of Motion P 90 Notice of Motion No. 20/2013 – Cr Eden ...... 407 P 91 Notice of Motion No. 21/2013 – Cr Gledhill & Cr Bearsley ...... 408 P 92 Notice of Motion No. 22/2013 – Cr Gledhill ...... 409 P 93 Notice of Motion No. 23/2013 – Cr West ...... 410 P 94 Notice of Motion No. 24/2013 – Cr West ...... 411 P 95 Notice of Motion No. 25/2013 – Cr West & Cr Eden ...... 413

14. Urgent Business

15. Items in Camera – Confidential Items P 96 Urgent Works ...... 416

Confidential Attachments P 75 Open Space Mowing Services Contract No. 12/69...... 437 P 76 Individual Development Grant – Perceived Conflict of Interest ...... 446 P 77 Contract 12/35 – Provision of Cleaning Services at 1230 Nepean Highway, Mentone ...... 451 P 78 Kingston Charitable Fund Grant Assessment Panel – Council Appointment Community Representatives ...... 453 P 94 Notice of Motion No. 24/2013 – Cr West ...... 456

Explanation of Meeting Procedure

Meeting Procedure Regulated by Local Law

The procedure for this Ordinary Council Meeting is regulated by Local Law 7.

Chairperson

The Mayor as Chairperson is the ultimate authority for the conduct of the meeting.

Agenda

The business to be dealt with at the meeting is set out in the agenda ( in which this document is included). No other business can be dealt with, unless admitted as “ Urgent Business” by resolution of Council.

Motions

A motion must be moved and seconded to be valid. The mover of the motion will then be permitted to speak to it. Other Councillors will then be permitted to speak either for or against the motion. The mover will be permitted a right-of-reply, which will conclude the debate.

Voting

The motion will then be voted on by show of hands. If the motion is carried, it becomes a resolution ( decision) of the Council. Any Councillor may call for a Division, in order that the vote of each Councillor is formally recorded.

Amendments

A Councillor may move an amendment to a motion prior to the resolution being determined. Any amendment moved shall be dealt with in the same way as a motion, except that there is no right of reply. If carried, the amendment becomes the motion ( the previous motion is abandoned )

3 Addressing the Meeting

No gallery member may speak to the meeting, except for:

Village Committee Chairpersons presenting Committee recommendations to Council; The applicant ( or his/her representative) and one objector in relation to an application for a town planning permit; Special circumstances in which leave to speak is granted by the Chairperson.

Unless special circumstances apply, the Mayor will limit the presentation of a speaker to three minutes duration.

Questions

Gallery members may put questions in writing to Council which will be dealt with during Question Time. The Question Box is located in the foyer. Residents asking a question must be present in the gallery during Question Time, or the question will not be responded to.

Questioners are asked to keep their questions as succinct as possible. Questions which cannot be accommodated on the single sided question form provided are likely to require research, and are more appropriately directed to Council in the form of a letter. In such cases, a response will be provided in writing subsequent to the meeting.

Confidential Business

The meeting may be closed at any time to deal with confidential items in camera. In these instances the gallery will be cleared, and the meeting re-opened once the confidential business is completed.

Courtesy to the Mayor

All Councillors are required to direct their attention towards the Mayor when speaking, and not the public gallery. This is in accordance with protocols relating to respect for the Chairperson of a meeting, and is a requirement of Council’s Meeting Procedures Local Law.

4 Emergency Evacuation of Chamber

Members of the public are requested to note the green and white EXIT signs.

In the event of an emergency requiring evacuation of the Chamber, the public should evacuate by way of the EXIT located to the right hand side of the public gallery. This leads to the foyer through which yu passed in order to enter the Chamber. Proceed from the foyer through the revolving door/side door and out of the building. This is the primary evacuation route.

If the nature of the emergency is such that the primary evacuation route is impracticable, the public should evacuate by way of the EXIT located just beyond and to the right of the media table, as viewed from the public gallery. Follow further EXIT signs thereafter, which lead to an exit point on the south side of the building. This is the secondary evacuation route.

Council staff will issue directions on how to proceed to evacuate in the event of an emergency

5 Are You Hard of Hearing

Phonic Ear Hearing Assistance is available to any member of the public gallery with a hearing disability. Just ask Civic Facilities Officer Lindsay Holland for a unit prior to the meeting.

6 7

Ordinary Council Meeting

27 May 2013 Agenda Item No: 6

RECOMMENDATIONS AND HIGHLIGHTS FROM VILLAGE COMMITTEES

Contact Officer: Phil DeLosa, Program Leader Governance

Purpose of Report This report presents recommendations and highlights from the Village Committees to Council for consideration. Disclosure of Officer / Contractor Direct or Indirect Interest No direct or indirect interest. Recommendation That Council:

Consider each Village Committee recommendation as a separate motion. 1. Executive Summary Recommendations and highlights have been received from some Village Committees for Council to consider at the Ordinary Meeting of Council.

2. Background Council’s Village Committees may comprise residents, property owners and representatives of other organisations. The Committees meet on a monthly or bi-monthly basis. At Village Committee meetings highlights are noted and recommendations may be proposed for Council to consider.

3. Village Committee Reports

(1) Aspendale/Edithvale/Aspendale Gardens/Waterways Village Committee

Chairperson – James Middleton Report of Meeting held on 9 May 2013

Village Committee Motion That Council consider funding the upgrade of the walking trails as previously recommended, with highest priority given to the section between Nurten Parade and the Long Beach Trail – as seen in the attached document. The remaining path between Nurten Parade and Kearney is sought as the second tier priority.

The Village Committee recognises that a portion of the paths are on Melbourne Water land, but feel that Council should consider funding the upgrades as the paths are well utilised, provide an important link to the Wetlands, the Wetlands Education Centre, the sportsground, the planned Edithvale Children’s Hub and the Longbeach Trail. The drain bridge on this path system is also the primary crossing point in the area. The paths promote health and

13/48033 8 wellbeing, and are a potential site for a fitness trail. In their current state, the paths are inaccessible for many, and as such carry potential risk for users. The highest priority path has been created solely through informal use, which demonstrates community need and usage. Upgrading the paths will increase safety for users, improve accessibility, attract wider patronage and support Kingston’s promotion of community health and wellbeing.

Officer Comments: The proposed shared path alignments have been previously identified as a low priority for implementation. In light of recent Council investment in the Aspendale Gardens sportsground and the decision to create a Family and Children’s Centre at Edithvale, the proposal has been re-assessed. The proposed link(s) are now identified as a medium priority, which allows progression to design feasibility stage.

This stage involves the creation of high level concept plans, and cost estimates. This information is then used to create a business case for Council consideration in moving to implementation stage.

At this stage it is proposed that design feasibility be completed in the 2013/14 financial year.

Officer Recommendation That the Village Committee be thanked for its motion and be provided with the officer comments.

Highlight: Council’s immediate response to the listing of Action Item 94419 in constructing an accessible compacted gravel driveway on the foreshore at Aspendale Life Saving Club. Village Committee wishes to thank Council for their work. ______

(2) Chelsea/Chelsea Heights/Bonbeach Village Committee

Chairperson – John Bainbridge Report of meeting held on 9 May 2013

Highlight: The Committee wished to highlight Jonathan Guttmann’s presentation on the new planning zones. ______

(3) Cheltenham Village Committee

Chairperson – Simon Libbis Report of meeting held on 2 April 2013

Highlight: 1. Discussion about the relevance of Village Committee Meetings. A few of the members questioned the significance of their involvement. It was agreed after discussion that the strength of the Community is measured with the amount of people who put into it and it is a useful and valuable standing Board.

2. Attendance from Mayor Cr Ron Brownlees, Cr Geoff Gledhill and Cr Rosemary West. ______

13/48033 9 (4) Clarinda/Oakleigh South/Clayton South Village Committees

Chairperson – Tasos Dimitriu Report of meeting held on 2 April 2013

Highlight: The presentation from Colin Bostock about Strengthening Clayton and Clarinda. ______

(5) Dingley/Heatherton Village Committee Chairperson – Jill Page No meeting held this month. ______

(6) Mentone/Parkdale Village Committee

Chairperson – Barbara Taylor Report of meeting held on 7 May 2013

Highlight: Peter Bain’s traffic issues discussion. ______

(7) Moorabbin / Highett Village Committee

Chairperson – Anne Caprackas Report of meeting held on 8 May 2013

Highlight: The decision to give grants to worthy community groups. ______

(8) Mordialloc Village Committee

Chairperson – Barry Bush Report of meeting held on 7 May 2013

Village Committee Motion Council Officers to report on the following: • That the bed licenses will stay within Kingston • Feedback on the mechanisms to allow the above to happen • Discuss and clarify the sites that are available for an Aged Care Facility • Further investigate Remo Street Mentone as the preferred site for bed licences.

Officer Comments: Council, through a range of resolutions have set the framework for the sale of the aged care places associated with Northcliffe Lodge. The retention of beds in Kingston is one key component of this framework. The matter of potential sites for the sale of approved places has been considered and determined by Council.

Officer Recommendation That the Village Committee be advised that this matter has been considered at length by Council and has been formally determined by Council. To give effect to this Motion would be to arguably challenge the validity and appropriateness of Council’s decision.

Highlight: Allocation of the Community Grants funds to associated groups in the area. ______

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(9) Patterson Lakes/Carrum Village Committee

Acting Chairperson – Robyn McRae Report of meeting held on 8 May 2013

Highlight: Discussion regarding access ways to the river and the Village Committee's approach to the media. ______

Author: Stephanie O’Gorman, Governance Officer Reviewed and Approved By: Anthony Basford, Acting General Manager Organisational Development and Governance

13/48033 11 Town Planning Application Decisions – April, 2013

Approved By: Rachel Hornsby -General Manager, Environmental Sustainability Author: Ian Nice – Manager, Planning

Attached for information is the report of Town Planning Decisions for the month of April, 2013.

A summary of the decisions is as follows: Type of Decision Number of Decisions Percentage (%) Made Planning Permits 44 64 Notice of Decision 8 12 Refusal to Grant a Permit 3 4 Other - Withdrawn (7) 14 20 - Prohibited (0) - Permit not required (1) - Lapsed (6) - Failure to Determine (0) Total 69 100 (NB: Percentage figures have been rounded)

Recommendation

That the report be noted.

Planning Decisions April, 2013 APPL. No. PROPERTY SUBURB APPL. DATE PROPOSAL DESCRIPTION DECISION VCAT ADDRESS DATE DECIDED DECISION KP- 232-238 366/2011/A Kingston Road HEATHERTON 22/10/2012 2/04/2013 To amend condition 1a Notice of Decision No 20 Randall Develop the Land for the KP-253/2011 Avenue EDITHVALE 13/04/2011 2/04/2013 Construction of Three (3) Dwellings Permit Issued No Develop the land for the construction of five (5) double- storey dwellings and waiver of one 82 Collins (1) visitor car parking space pursuant KP-576/2012 Street MENTONE 19/09/2012 3/04/2013 to Clause 52.06 (Car Parking) Notice of Decision No 33A Marcus DINGLEY KP-110/2013 Road VILLAGE 4/03/2013 3/04/2013 Subdivide the Land into Two (2) Lots Permit Issued No 23 Dawn KP-107/2013 St reet HIGHETT 27/02/2013 3/04/2013 Subdivide the Land into Two (2) Lots Permit Issued No Develop the land for the 20 MacGregor construction of one (1) dwelling to KP-578/2012 Street PARKDALE 20/09/2012 3/04/2013 the rear of an existing dwelling Notice of Decision No 1 24 KP- Steedman Amendment to Planning Permit 3529/1991/A Street MORDIALLOC 18/10/2012 4/04/2013 3529/1991 Lapsed No 149 Farm KP-613/2010 Road HEATHERTON 2/09/2010 4/04/2013 BUILDINGS & WORKS Refused No 10 Mount Develop the land for the KP-617/2012 View Road HIGHETT 12/10/2012 5/04/2013 construction of two (2) dwellings Permit Issued No Use the Land for the Sale and Consumption of Liquor (Restaurant 519 Highett and Café Liquor Licence) in KP-654/2012 Road HIGHETT 30/10/2012 5/04/2013 association with the existing Cafe Permit Issued No Develop and Use Land for the Factory 4 17- extension of an Existing Warehouse, 23 Walter Caretakers Dwellings and Reduction KP-523/2012 Street MOORABBIN 23/08/2012 5/04/2013 in Carparking Refused No

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Planning Decisions April, 2013 APPL. No. PROPERTY SUBURB APPL. DATE PROPOSAL DESCRIPTION DECISION VCAT ADDRESS DATE DECIDED DECISION Secondary Consent Amendment to KP514/1999 to allow for the 856-878 provision of a customer drop off KP- Springvale point and alteration to approved car 514/1999/A Road BRAESIDE 27/04/2010 5/04/2013 parking layout. Permit Issued No KP- 5 Swanston Develop the land for the 487/2008/A Street MENTONE 23/11/2011 5/04/2013 construction of five (5) dwellings Permit Issued No Use of the land for a medical centre, reduction of the car parking requirements pursuant to Clause 6-7 201-205 52.06 of the Kingston Planning KP- Thames CHELSEA Scheme and erection of two (2) 447/2011/B P romenade HEIGHTS 23/11/2012 5/04/2013 business identification signs Permit Issued No 17A Chandler KP-106/2013 Street PARKDALE 27/02/2013 9/04/2013 Subdivide the Land into Four (4) Lots Permit Issued No Develop the Land for a Dwelling 58 Kardinian Extension on Land within a Special KP-17/2013 Avenue CHELTENHAM 21/01/2013 9/04/2013 Building Overlay Lapsed No Develop the Land for a Dwelling 47 Frank Extension on Land within a Special KP-11/2013 Avenue CLAYTON SOUTH 17/01/2013 9/04/2013 Building Overlay Lapsed No Develop the Land for a Dwelling 6 Lake King Extension on Land within a Design KP-706/2012 Circle WATERWAYS 20/11/2012 9/04/2013 and Development Overlay Permit Issued No Opposite 35 KP- Waterside 659/2006/B Drive WATERWAYS 25/10/2012 10/04/2013 LIQUOR LICENCE Notice of Decision No 34 Swanpool KP-136/2013 Avenue CHELSEA 14/03/2013 10/04/2013 Subdivide the land into two (2) lots Permit Issued No

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Planning Decisions April, 2013 APPL. No. PROPERTY SUBURB APPL. DATE PROPOSAL DESCRIPTION DECISION VCAT ADDRESS DATE DECIDED DECISION 57-61 Develop the Land for the Woodlands Construction of an Extension to an KP-101/2013 Drive BRAESIDE 27/02/2013 10/04/2013 existing Factory/Office Permit Issued No 11 Temora Develop the land for the KP-33/2013 Street MORDIALLOC 1/02/2013 10/04/2013 construction of a first floor addition Permit Issued No Develop the Land for the Construction of a Fence on Land KP- 5 41-43 within a Special Building Overlay on 776/2012/A Fourth Street PARKDALE 5/04/2013 11/04/2013 a Lot Less than 300 square metres Permit Issued No 1 Norma Develop the land for the KP-653/2012 Avenue CHELTENHAM 26/10/2012 11/04/2013 construction of two (2) dwellings Notice of Decision No Develop the land for the 3 49 The construction of alterations to the Permit Not KP-672/2012 Corso PARKDALE 7/11/2012 12/04/2013 existing dwelling Required No 16 Eveline Develop the Land for the KP-827/2011 Avenue PARKDALE 25/10/2011 12/04/2013 Construction of Two (2) Dwellings. Permit Issued No Develop the Land for the Construction of a Mixed Use Development comprisingf an existing 241A Nepean ground floor retail premises and two KP-770/2012 Highway EDITHVALE 14/12/2012 15/04/2013 (2) dwellings on 1st floor Lapsed No 10 Williams Develop the Land for the KP-492/2012 Street MENTONE 9/08/2012 16/04/2013 Construction of Two (2) Dwellings Permit Issued No

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Planning Decisions April, 2013 APPL. No. PROPERTY SUBURB APPL. DATE PROPOSAL DESCRIPTION DECISION VCAT ADDRESS DATE DECIDED DECISION Use the site for a cafe with waiver of car parking requirements pursuant to Clause 52.06 of the Kingston Planning Scheme, and to use the land and front footpath area for the sale and on-premises consumption of liquor associated with the existing KP- 501 Station food and drink premises (Restaurant 298/2010/A Street CARRUM 10/12/2012 16/04/2013 and Cafe Licence) Permit Issued No 20 Immerset CHELSEA KP-44/2013 Drive HEIGHTS 5/02/2013 16/04/2013 Subivide the Land into Two (2) Lots Lapsed No 27-43 Grange Develop the Land for the Relocation KP-140/2012 Road CHELTENHAM 8/03/2012 16/04/2013 of Carparking Spaces Withdrawn No Develop the land for the 4 Davey construction of one (1) dwelling to KP-26/2013 Street PARKDALE 23/01/2013 17/04/2013 the rear of teh an existing dwelling Lapsed No Develop the land for the 51 Randall construction of one (1) dwelling to KP-615/2012 Avenue CHELSEA 11/10/2012 17/04/2013 the rear of an existing dwelling Permit Issued No KP- 8 Charman Develop the land for the 243/2012/A Road MENTONE 14/03/2013 17/04/2013 Construction of Two (2) Dwellings Permit Issued No 626 Nepean Develop the Land for the KP-935/2011 Highway CARRUM 1/12/2011 17/04/2013 Construction of Three (3) Dwellings Notice of Decision No KP- 12 Argus Develop the land for the 537/2011/A Street CHELTENHAM 5/12/2012 17/04/2013 construction of four (4) dwellings Permit Issued No To display direction signs on land affected by the Heritage Overlay and KP- 1281 Nepean to vary an existing liquor licence 803/2002/A Highway CHELTENHAM 30/01/2013 17/04/2013 (Licence No. 31905295) Permit Issued No

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Planning Decisions April, 2013 APPL. No. PROPERTY SUBURB APPL. DATE PROPOSAL DESCRIPTION DECISION VCAT ADDRESS DATE DECIDED DECISION Develop the land for the construction of one (1) dwelling to 63 Bernard the rear of an existing dwelling and KP-528/2012 Street CHELTENHAM 27/08/2012 17/04/2013 to vary an easement Permit Issued No 35 Bondi Develop the Land for the KP-949/2011 Road BONBEACH 9/12/2011 17/04/2013 Construction of Three (3) Dwellings Permit Issued No Develop the land for the 25 Waratah construction of one (1) dwelling to KP-343/2012 Avenue MORDIALLOC 4/06/2012 17/04/2013 the rear of an existing dwelling Refused No The Construction of building and works on this site and to use for a Motor Vehicle Repairs, with a reduction in car parking requirements pursuant to Clause 1 2-6 52.06 of the Kingston Planning Hartwood CHELSEA Scheme, and to erect four (4) KP-579/2012 Court HEIGHTS 24/09/2012 17/04/2013 advertising signs. Permit Issued No 44 Kurrawa PATTERSON Develop the Land for the KP-115/2012 Crescent LAKES 28/02/2012 17/04/2013 Construction of Two (2) Dwellings Permit Issued No 76 Station Develop the Land for the KP-957/2011 Street ASPENDALE 16/12/2011 17/04/2013 Construction of Four (4) Dwellings Permit Issued No Develop the land for Industry with a 49 Bond reduction in the car parking KP-670/2012 Street MORDIALLOC 7/11/2012 19/04/2013 requirements Permit Issued No 493A Warrigal KP-613/2012 Road MOORABBIN 10/10/2012 23/04/2013 Remove an Easement Permit Issued No To Use the and for a Restricted Shop 8 430 Recreation Facility (Children's Play KP-698/2012 Warrigal Road HEATHERTON 16/11/2012 23/04/2013 Centre) Permit Issued No

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Planning Decisions April, 2013 APPL. No. PROPERTY SUBURB APPL. DATE PROPOSAL DESCRIPTION DECISION VCAT ADDRESS DATE DECIDED DECISION Develop the Land for the Construction of an Extension to an Existing Medical Centre and 8 Springvale ASPENDALE Reduction in Carparking KP-60/2013 Road GARDENS 8/02/2013 23/04/2013 Requirements Withdrawn No Opposite 35 The construction of buildings and KP- Waterside works on this site and to use for a 160/2005/B Drive WATERWAYS 28/07/2011 24/04/2013 food and drink premises (cafe) Permit Issued No 16 MacK Develop the land for the KP-245/2012 Crescent CLARINDA 19/04/2012 24/04/2013 construction of a Satellite Dish Permit Issued No Develop the Land for the KP- 5 Phillip Construction of Sixteen (16) 330/2008/A Street MENTONE 9/04/2013 24/04/2013 Dwellings with Basement Parking Withdrawn No KP- 606 Nepean 2152/1992/A Highway BONBEACH 8/10/2012 24/04/2013 11 2 storey townhouses Permit Issued No 99 Nepean Develop the land for the KP-803/2012 Highway MENTONE 21/12/2012 24/04/2013 construction of two (2) dwellings Withdrawn No Subdivide the land into four (4) lots KP-12/2013 22 Jean Street CHELTENHAM 16/01/2013 24/04/2013 with common property Permit Issued No Subdivide the land into three (3) lots KP-13/2013 24 Jean Street CHELTENHAM 16/01/2013 24/04/2013 with common property Permit Issued No Develop the land for the Lot 1 Grange DINGLEY construction of a sport & recreation KP-548/2012 Road VILLAGE 4/09/2012 24/04/2013 facility Withdrawn No KP-597/2012 Warrigal Road HEATHERTON 5/10/2012 24/04/2013 Removal of native vegetation Notice of Decision No 27 Island Develop the Land for the KP-194/2013 Point Avenue WATERWAYS 12/04/2013 26/04/2013 Construction of One (1) Dwelling Withdrawn No 11 Patty KP-74/2013 Street MENTONE 12/02/2013 26/04/2013 Boundary realignment Permit Issued No 3 263-271 CHELSEA Develop the land for the display of KP-559/2012 Wells Road HEIGHTS 12/09/2012 29/04/2013 advertising signage Withdrawn No 7 of 9 18

Planning Decisions April, 2013 APPL. No. PROPERTY SUBURB APPL. DATE PROPOSAL DESCRIPTION DECISION VCAT ADDRESS DATE DECIDED DECISION Develop the land for the construction an extension to an 39-41 existing industrial unit with a Canterbury reduction in the car parking KP-10/2013 Road BRAESIDE 15/01/2013 29/04/2013 requirements Permit Issued No Develop the land for the construction of one (1) dwelling to KP-456/2012 15 Elsie Grove EDITHVALE 27/07/2012 30/04/2013 the rear Permit Issued No Develop the land for the construction of one (1) dwelling to KP-471/2012 1 Laura Street ASPENDALE 1/08/2012 30/04/2013 the rear of the existing Permit Issued No Develop the land for the construction of extensions to an 1 18 Monaco existing dwelling on a lot less than KP-40/2013 Street PARKDALE 4/02/2013 30/04/2013 300 square metres Permit Issued No Develop the land for the construction of nine (9) dwellings 1305 Nepean and alter access to a road in a Road KP-624/2012 Highway CHELTENHAM 16/10/2012 30/04/2013 Zone Category 1 Notice of Decision No Develop the land for the 27 Mount construction of one (1) dwelling to KP-558/2012 View Street ASPENDALE 11/09/2012 30/04/2013 the rear of an existing dwelling Permit Issued No Develop the land for the 2 174-175 construction of an extension to an KP- Nepean existing dwelling in a design and 449/2012/A Highway ASPENDALE 13/02/2013 30/04/2013 development overlay Permit Issued No Develop the Land for the Construction of a front fence to an 34 Fourth existing dwelling in a Special Building KP-153/2013 Street PARKDALE 21/03/2013 30/04/2013 Overlay Permit Issued No

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Planning Decisions April, 2013 APPL. No. PROPERTY SUBURB APPL. DATE PROPOSAL DESCRIPTION DECISION VCAT ADDRESS DATE DECIDED DECISION Develop the Land for the Construction of Two (2) Dwellings 6 Cherrington and Subdivide the Land into Two (2) KP-618/2011 Court PARKDALE 22/08/2011 30/04/2013 Lots Permit Issued Yes 20 Embankment Develop the Land for the KP-823/2011 Grove CHELSEA 20/10/2011 30/04/2013 Construction of Four (4) Dwellings Permit Issued Yes

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1322-1328 Nepean Highway, Cheltenham – Section 72 – Application to Amend Planning Permit No. KP-861/2009

Executive Summary for Ordinary Council Meeting

APPLICATION No: KP-861/2009 LAND: 1322 & 1324-1328 Nepean Highway, Cheltenham PLANNING OFFICER: Jeremy Hopkins PROPOSAL: Application to amend Planning Permit No. KP-861/2009 to include land known as 1322 Nepean Highway, Cheltenham, amend the preamble to allow for the development of the land for forty-four (44) dwellings on land designated within a Special Building Overlay, subsequent amendment of planning permit conditions and to vary the location of an easement. PERMIT TRIGGER: Construct two or more dwellings on a lot, Clause 52.02 easements, restrictions and reserves, and Condition 2 of Planning Permit KP-861/2009 EXISTING SITE CONDITIONS: Single-storey building used in the past as a nursing home and a vacant parcel of land. APPLICANT: RPC Architects Pty Ltd ZONE / OVERLAYS: Residential 1 Zone, and Special Building Overlay RESIDENTIAL POLICY AREA Increased Housing Diversity OBJECTIONS Eleven (11)

1.0 DESCRIPTION OF PROPOSAL

1.1 The application seeks to amend Planning Permit No. KP-861/2009 to include land known as 1322 Nepean Highway, Cheltenham, develop the land for a total of forty- four (44) dwellings on land designated within a Special Building Overlay, subsequent amendment of conditions and to vary the location of an easement.

2.0 SUBJECT SITE AND SURROUNDS

2.1 The following map illustrates the subject site in its surrounding context.

DAVIDDAVIDDAVID CO COCO DAVIDDAVIDDAVID CO COCO DAVIDDAVIDDAVID CO COCO

HALLINANHALLINAN COCO NEPEANNEPEAN HIGHWAY HIGHWAY BOOKERBOOKER STREETSTREET LORRAINELORRAINELORRAINE STREET STREETSTREET

OAK AVENUE

LATROBELATROBE STREETSTREET

RR R O O O W W W Y YY RR R O O O W W W Y YY RR R O O O W W W Y YY

0 50.00 100.00 ENAENA STREESTREETSTREESTREET meters

REET REET REET EET EET EET EET EET EET

2.2 The subject site comprises two (2) parcels of land, one measuring 2098.92m2 and the second measuring 589m2. Together, the land has frontage to both the Nepean Highway and La Trobe Street, Cheltenham.

2.3 1324-1328 Nepean Highway contains a single storey building used as a nursing home and associated outbuildings; whilst 1322 Nepean Highway contains a vacant parcel of land with no significant vegetation. The typography of the land can be described as predominately flat, with a slight fall from the south-west corner to the south-east corner of the site. The subject site is encumbered by a 1.83m wide drainage and sewerage easement, which extends along part of the site’s western property boundary and runs through the land known as 1322 Nepean Highway in an east-west alignment.

2.4 There appears to be no restrictions listed on the Certificate of Title.

3.0 KEY PLANNING CONSIDERATIONS

3.1 The key planning considerations relate to the extension to the existing approved development for thirty (30) dwellings increasing to forty-four (44) dwellings, together with an increase in the length of the building form & increased traffic movements from the development. As discussed at length within the body of this Report, the amendment application is not considered to result in any unreasonable increase in traffic generation and would provide the required number of car parking spaces as required under Clause 52.06 of the Kingston Planning Scheme. The height, siting and design of the amended design would be consistent with the design approved in 2010, whilst the extension in the building form to the north of the subject site over land known as 1322 Nepean highway is considered to be consistent with the existing commercial buildings to the immediate south of the subject site and that of many other buildings located along the Nepean Highway.

3.2 The subject site is identified within Area 2 of the Kingston Neighbourhood Character Study (May 2003). However, the average lot size within this area has not been calculated as the subject site is not located within a Residential 3 Zone.

4.0 OBJECTOR CONCERNS

4.1 Eleven (11) objections were received to the application. A summary of the concern and response to each ground is provided below:

(a) Neighbourhood character, height, bulk & scale

Concern was raised that the proposed three-storey building accommodating forty-four (44) dwellings would not be consistent with the neighbourhood character of the area. As discussed within the body of this Report under Parts 13.6 & 13.7, and above under Part 3.1 of this Report, the proposed amendment to extend the building to the north is not considered to adversely impact on the neighbourhood character of the area.

22 (b) Overshadowing

Concern was raised about the potential for overshadowing from the three- storey building. The shadow diagrams submitted with the amendment application indicate that there will be some early morning shadow cast over the rear private open space area of the rear dwelling at 2/81 La Trobe Street where the building is proposed to be extended. However, this is not considered unreasonable as the shadow would be clear by mid-morning on the Equinox providing the remainder of the day clear of shadow being cast from the proposed extension.

The proposal seeks to extend the previously approved three-storey apartment building to the north of the site over currently vacant land at 1322 Nepean Highway, Cheltenham. Concern was raised about the potential for overlooking from the first and second floors into the secluded private open space areas of the adjoining properties. The amended plans submitted to Council on 8 February 2013 confirm that all first and second floor windows and balconies would be screened to a minimum height of 1.7m above finished floor level or set back greater than 9m to prevent any opportunity for direct overlooking in accordance with Clause 55.04-6 (Standard B22) of the Kingston Planning Scheme.

(d) Waste Management

(e) Parking and traffic concerns

Concern was raised by the objectors that the proposed amendment resulting in the increase in the number of apartments from thirty (30) to forty-four (44) dwellings would result in increased traffic and safety issues to La Trobe Street and the Service Road of the Nepean Highway together with the surrounding road network. The amended planning permit application was referred to Council’s Traffic Department who are supportive of the proposal with the required number of car parking spaces provided on site and with no unreasonable traffic generation proposed.

5.0 CONCLUSION

5.1 Based on a thorough assessment of the application against the relevant provisions of the Kingston Planning Scheme and taking into consideration the concerns raised by objectors, the proposed amendment, subject to the inclusion of conditions, is deemed appropriate and should therefore be supported.

23 RECOMMENDATION

That Council determine to support the proposed amendment and issue a Notice of Decision to Grant an Amended Planning Permit to develop the land for forty-four (44) dwellings on land designated within a Special Building Overlay, subsequent amendment of planning permit conditions and to vary the location of an easement at No. 1322-1328 Nepean Highway, Cheltenham, subject to the following conditions:

1. Before the development starts amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be substantially in accordance with the plans submitted to Council on 8 February 2013, but modified to show: a. the provision of an improved landscape plan (prepared by John Patrick – dated: October 2009) and associated planting schedule for the site (also encompassing 1322 Nepean Highway) showing the species Hymenosporum flavum (Native Frangipani) changed to Ulmus parvifolia (Chinese Elm) or Zelkova serrata (Zelkova) or similar; b. all requirements of Melbourne Water, in accordance with Condition 3 of this permit; c. the provision of a minimum 44,000 litre rainwater tank clearly nominated for water re-use for toilet flushing; d. the provision of a full colour, finishes and building materials schedule, including samples (illustrated on an A4 or A3 sheet), for all external elevations and driveways of the development; e. the windows which are proposed to open to allow natural ventilation and those which are proposed to be of high performance glazing; f. the location of any external clothes drying facilities; g. the location of any permeable paving surfaces; and h. vehicle crossings must be constructed at a 90 degree alignment with the kerb on La Trobe Street and all internal driveways must align with the existing/proposed vehicle crossing. 2. The development as shown on the endorsed plans must not be altered without the prior written consent of the Responsible Authority. 3. Conditions required by Melbourne Water a) No polluted and / or sediment laden runoff is to be discharged directly or indirectly into Melbourne Water’s drains or waterways. b) The development must be constructed within finished floor levels a minimum of 300mm above the applicable flood level. c) The entry / exit driveway of the basement car park must incorporate a flood proof apex of a minimum of 300mm above the applicable flood level. d) All doors, windows, vents and openings to the basement car park must be a minimum of 300mm above the applicable flood level.

24 e) Prior to the commencement of works, a separate application, direct to Melbourne Water, must be made for any new or modified storm water connection to Melbourne Water’s drains and watercourses. f) Prior to the development plans being endorsed and the commencement of works, amended plans must be submitted to Council and Melbourne Water addressing Melbourne Water’s conditions. Plans must be submitted with ground and floor levels to Australian Height Datum. 4. Prior to the occupation of the residential development hereby permitted, the landscaping works as shown on the endorsed plans must be completed to the satisfaction of the Responsible Authority. The landscaping must then be maintained to the satisfaction of the Responsible Authority. 5. Prior to the occupation of the residential development hereby permitted, all buildings and works and the conditions of this permit must be complied with, unless with the further prior written consent of the Responsible Authority. 6. Prior to commencement of the development hereby permitted, a Site Management Plan, to the satisfaction of the Responsible Authority, must be submitted to and approved by the Responsible Authority and when approved shall thereafter be complied with. The Site Management Plan must clearly set out measures to prevent amenity loss to surrounding properties during the construction period. The Plan is to include, but limited to, measures to control the emission of dust/sand, rubbish on site, loading/unloading times, construction times, and parking of builder’s vehicles etc. This plan when endorsed must not be varied without the prior approval of the Responsible Authority. It must also be implemented to the satisfaction of the Responsible Authority. 7. Before the commencement of any buildings and works on the Land, a Construction Management Plan (CMP), to the satisfaction of the Responsible Authority, must be submitted to and approved by the Responsible Authority and when approved shall thereafter be complied with. The CMP must specify and deal with the parking of vehicles during construction, delivery of materials, containment of waste on site and suppression of dust, business operations on the site during construction. 8. Before the commencement of any buildings and works on the Land, a Waste Management Plan (WMP) to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and will then form part of the permit. Three (3) copies of the plan must be submitted. The WMP must include but is not limited to: a) The manner in which waste will be stored and collected including: type, size and number of containers. b) Spatial provision for on-site storage. c) Details whether waste collection is to be performed by Council’s services or privately contracted. d) The size of the collection vehicle and the frequency, time and point of collection. The WMP must be implemented to the satisfaction of the Responsible Authority. The WMP must not be modified unless without the written consent of the Responsible Authority.

25 9. Prior to the endorsement of the Plans required by Condition 1 of this permit, the provision of an ESD report be prepared by a suitably qualified environmental professional and must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and will then form part of the Permit and shall thereafter be complied with. The ESD report must include, but is not limited to, detailing initiatives for stormwater harvesting, insulation, day lighting, collective rainwater tanks and/or individual rainwater tanks, public and private landscape irrigation and car washing, energy efficient concepts, glazing and internal ventilation and the like. 10. The development of the site must be provided with stormwater works which incorporates the use of water sensitive urban design principles to improve stormwater runoff quality and which also retains on site any increase in runoff as a result of the approved development. The system must be maintained to the satisfaction of the Responsible Authority. Council's Development Engineer can advise on satisfactory options to achieve these desired outcomes which may include the use of an infiltration or bio retention system, rainwater tanks connected for reuse and a detention system. 11. Before the development commences, a Stormwater Management Plan showing the stormwater works to the nominated point of discharge must be prepared to the satisfaction of the Responsible Authority. The Stormwater Management Plan must be prepared by a qualified person and show all details of the proposed stormwater works including all existing and proposed features that may have impact (e.g. trees to be retained, crossings, services, fences, abutting buildings, existing boundary surface levels, etc.). 12. Stormwater works must be provided on the site so as to prevent overflows onto adjacent properties. 13. The levels at the site boundaries must not be altered. 14. Prior to the occupation of the residential development hereby permitted, or by such later date as is approved by the Responsible Authority in writing, the nature strip, kerb and channel, vehicle crossover and footpath must reinstated to the satisfaction of the Responsible Authority. The vehicle crossing must be constructed to Council’s industrial strength specifications. 15. The property boundary and footpath levels must not be altered without the prior written consent from the Council’s Roads and Drains Department. 16. Any existing vehicular crossing not in accordance with the endorsed plan must be removed and the kerb reinstated in a manner satisfactory to the Responsible Authority and any proposed vehicular crossing must be fully constructed to the Responsible Authority’s standard specification. 17. All front and side fences must be contained wholly within the title property boundaries of the subject site. 18. A final Survey Plan showing the realignment of the easement to be submitted to Council for certification in accordance with Section 23 of the Subdivision Act 1988. 19. The areas set aside for bicycle parking must be maintained and kept for the exclusive use of bicycle parking to the satisfaction of the Responsible Authority.

26 20. A Storage Cage must be allocated and provided for each dwelling to the satisfaction of the Responsible Authority. 21. Prior to the occupation of the residential development hereby permitted, all boundary fences must be repaired and/or replaced as necessary to the satisfaction of the Responsible Authority, at the cost of the applicant/owner. 22. Prior to the occupation of the residential development hereby permitted, areas set aside for parking vehicles, access lanes and paths as shown on the endorsed plans must be: a. Constructed to the satisfaction of the Responsible Authority. b. Properly formed to such levels that they can be used in accordance with the plans. c. Surfaced in accordance with the endorsed plans under this permit or in an all weather coloured concrete seal-coat, to the satisfaction of the Responsible Authority. d. Drained and maintained to the satisfaction of the Responsible Authority. Parking areas and access lanes must be kept available for these purposes at all times and maintained to the satisfaction of the Responsible Authority. 23. All works on or facing the boundaries of adjoining properties must be finished and surface cleaned to a standard that is well presented to neighbouring properties in a manner to the satisfaction of the Responsible Authority. 24. Once the development has started it must be continued and completed to the satisfaction of the Responsible Authority. 25. In accordance with section 68 of the Planning and Environment Act 1987, this permit will expire if one of the following circumstances applies:

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

• The development is not completed within four (4) years from the date of permit issue. In accordance with section 69 of the Planning and Environment Act 1987, the responsible authority may extend the periods referred to if a request is made in writing before the permit expires, or within three months afterwards.

Note: Prior to the commencement of the development you are required to obtain the necessary Building Permit. Note: The applicant/owner must provide a copy of this planning permit to any appointed Building Surveyor. It is the responsibility of the applicant/owner and Building Surveyor to ensure that all building development works approved by any building permit is consistent with the planning permit. Note: If further information is required in relation to Melbourne Water’s permit conditions shown above, please contact Melbourne Water on telephone 9235 2517, quoting Melbourne Water’s reference 169600.

27 Note: The flood line for the property grades from 23.82 metres to Australian Height Datum (AHD) at the northern boundary down to 23.02 metres to AHD at the south-eastern corner. Note: Before removing / pruning any vegetation from the site, the applicant or any contractor engaged to remove any vegetation, should consult Council’s Vegetation Management Officer to verify if a Local Laws Permits is required for the removal of such vegetation. Note: Residents and visitors to this development are unlikely to be eligible for on-street parking permits. Note: Prior to the commencement of the development it is recommended that both parcels of land be consolidated.

Amendment Date of Amendment Description of Amendment A Insert Amend the Preamble and Address to include land known approval date as 1322 Nepean Highway, Cheltenham, develop the land for forty-four (44) dwellings on land designated within a Special Building Overlay, subsequent amendment of planning permit conditions and to vary the location of an easement, resulting in the following changes to the permit conditions: • Amend conditions 1, 3(b), 3(c), 9 and 14 • Insert new conditions 3(f), 15, 17, 18, 19 & 20 and last note • Re-order all remaining conditions

In the event Council wishes to oppose the Officer Recommendation to support the application, it can do so on the following grounds: 1. The proposed amendment would detrimentally affect the amenity of the Neighbourhood. 2. The proposed amendment would detract from the visual amenity of the locality and the streetscape. 3. The proposed amendment constitutes an over-development of the site. 4. The proposed amendment would cause traffic congestion in a residential street.

PLANNING OFFICER REPORT APPLICANT RPC Architects Pty Ltd ADDRESS OF LAND 1322-1328 Nepean Highway, Cheltenham PLAN OF SUBDIVISION Plan of Consolidation 109997 and Lot 22 on PS REFERENCE 026127 PROPOSAL Application to amend Planning Permit No. KP- 861/2009 to include land known as 1322 Nepean Highway, Cheltenham, amend the preamble to allow for the development of the land for forty- four (44) dwellings on land designated within a Special Building Overlay, subsequent amendment of planning permit conditions and to vary the location of an easement. PLANNING OFFICER Jeremy Hopkins REFERENCE NO. KP-861/2009 ZONE Clause 32.01 – Residential 1 Zone OVERLAYS Clause 44.05 – Special Building Overlay OBJECTIONS Eleven (11) CONSIDERED PLAN Plans submitted to Council on 20 February 2013 REFERENCES/DATE RECEIVED ABORIGINAL CULTURAL No HERITAGE SENSITIVTY

1.0 RELEVANT LAND HISTORY

1324-1328 Nepean Highway, Cheltenham

1.1 Planning Permit KP-861/2009 was issued by Kingston City Council on 16 August 2010 for the development of the site for thirty (30) dwellings on land designated within a Special Building Overlay.

1.2 An application for review was lodged by an objector against Council’s decision to issues a Notice of Decision to Grant a Planning Permit (Ref: P1695/2010), however was withdrawn by the Objector on 4 August 2010 prior to the scheduled hearing. Therefore the permit was not issued at the direction of the Tribunal.

1.3 Plans were endorsed in accordance with Condition 1 of Planning Permit No. KP- 861/2009 on 12 August 2011.

1.4 Planning Permit KP-861/2009 was extended pursuant to Section 69 of the Planning and Environment Act 1987 on 16 February 2012 with the development to be commenced by 16 August 2013 and completed by 16 August 2015.

1322 Nepean Highway, Cheltenham

1.5 Planning Permit KP-424/2009 was issued by Kingston City Council on 16 November 2009 for the development of the site for four (4) dwellings on land designated with a Special Building Overlay.

1.6 Plans were endorsed in accordance with Condition 1 of Planning Permit No. KP- 424/2009 on 27 January 2010. 2.0 SITE PARTICULARS

1324-1328 Nepean Highway, Cheltenham

2.1 The subject site is a large parcel of land (2098.92m2) that is irregular in shape and abuts two (2) separate street frontages (i.e. Nepean Highway service road and Latrobe Street).

2.2 The site enjoys a 58.2m frontage to Nepean Highway, a 51.5m frontage to La Trobe Street and a rear boundary of 37.61m.

2.3 The site currently contains a single storey building used as a nursing home and associated outbuildings. Importantly, the existing building on the site is set back approximately 1.8m from the site’s La Trobe Street property boundary and 7.5m from the site’s Nepean Highway property boundary.

2.4 The land does not contain any significant vegetation. The typography of the Land can be described as predominately flat, with a slight fall of approximately 620mm from the south-west corner to the south-east corner of the site. The site is encumbered by a 1.83m wide drainage and sewerage easement, which extends along part of the site’s western property boundary.

2.5 Vehicle access to the site is currently from its Latrobe Street frontage, near the site’s west property boundary.

2.6 There appears to be no restrictions listed on the Certificate of Title.

1322 Nepean Highway, Cheltenham

2.7 The subject site is irregularly shaped and has a frontage width to the Nepean Highway of 20.94m, depth of 37.19m and an area of 589m2. The subject site is currently vacant and does not contain any vegetation. A 1.85m high brick pier and diagonal board fence extends along the Nepean Highway frontage of the subject site.

2.8 The land is encumbered by a 1.83m wide drainage and sewerage easement running along the rear western boundary and southern side boundary of the subject site. There appears to be no restrictions listed on the Certificate of Title.

3.0 SURROUNDING ENVIRONS

3.1 The surrounding area generally comprises of detached single-storey brick veneer dwellings with recent in-fill medium density residential development together with large commercial buildings fronting the Nepean Highway. Roofing forms are generally hipped with porch elements and varying front fencing heights and styles. Building footprints are generally modulated with building placement being sited 7-10m from the street frontage. Properties along the Nepean Highway are either residential or commercial in nature with varying heights, bulk, scale and materials.

30 3.2 Land directly abutting the subject site and opposite is described as follows:

North & West:

Essentially, land located directly to the north and west of the site is zoned Residential 1 and is used for residential purposes. The subject site abuts three (3) residential properties to its west side, which contain single storey dwellings.

Residential development found within La Trobe Street is generally of a single storey nature with an increasing amount of in-fill unit development occurring in the vicinity.

East:

Located on the opposite side of Nepean Highway is land that is zoned Business 4 and contains a former Bunnings Warehouse and associated car parking.

South:

To the south of the site, on the opposite side of La Trobe Street, is a small commercial strip of shops that front Nepean Highway and are zoned Business 3. The commercial buildings located on the corner of La Trobe Street and Nepean Highway is occupied by a Telstra store and is single storey in construction. A takeaway food premises is located opposite the subject site along La Trobe Street, to the south.

Moving further down La Trobe Street (south-west) of the Business 3 area, the zoning transitions into residential. As such, a single storey brick dwelling is located next to the takeaway food premises.

4.0 PROPOSAL

4.1 It is proposed to amend the existing Planning Permit approved for the development of thirty (30) dwellings at 1324-1328 Nepean Highway to include the adjoining land to the immediate north of the site at 1322 Nepean Highway; with the building extending northwards over this land resulting in an increase in apartments to forty-four (44) in total.

4.2 An additional six (6) one-bedroom apartments would be provided each at ground and first floors, together with two (2) additional two-bedroom apartments at second floor level. The basement car park would also be extended and reconfigured to provide for a total of fifty-two (52) car parking spaces, together with twenty (20) bicycle racks, and storage cages for each dwelling. Additional thirty-two (32) external bicycle racks would be located to the northwest of the subject site adjacent to the proposed rainwater tanks.

4.3 The additional one-bedroom apartments would be provided with an open plan living/kitchen/dining area, European laundry, bedroom, and separate bathroom. Direct access would be provided to either a terrace or balcony measuring in size from between 10m2 to 18m2.

4.4 The additional two-bedroom apartments would be provided with an open plan living/kitchen/dining area, European laundry, two bedrooms, and separate bathroom.

31 Direct access would be provided to a balcony measuring in size from between 11m2 to 14m2.

4.5 The amended proposal has an overall site coverage of 57.06% and a permeability of 23.74%.

4.6 The amendment application also proposes a realignment of the existing 1.83m wide sewerage and drainage easement from the southern side boundary of 1322 Nepean Highway to divert along the rear western and northern side boundary.

4.7 The building design; form; height; frontage setbacks; colours, materials and finishes are not proposed to change as a result of the amendment. Additionally all access to the basement car park would be retained via La Trobe Street.

5.0 LEGISLATION PROVISIONS

5.1 The amendment has been requested pursuant to Section 72 of the Planning and Environment Act 1987 (the Act).

5.2 Section 72 of the Act states:

(1) A person who is entitled to use or develop land in accordance with a permit may apply to the responsible authority for an amendment to the permit:

(2) This section does not apply to-

(a) a permit issued at the direction of the Tribunal; or (b) a permit issued under Division 6.

(3) In this section a reference to a permit includes any plans, drawings or other documents approved under a permit.

5.3 The original permit KP-861/2009 issued on 16 August 2010, was not issued at the direction of the Tribunal (or the former Administrative Appeals Tribunal) or issued under Division 6 of the Act.

5.4 Section 73 of the Act states that Sections 47 to 62 of the Act apply to the amendment application. This allows the Responsible Authority to apply the abovementioned sections of the Act to the amendment application as if it was an application for a permit.

5.5 Accordingly, the relevant sections will be addressed in this report.

6.0 PLANNING PERMIT PROVISIONS

Zone

6.1 Residential 1 Zone: Pursuant to Clause 32.01-4 of the Kingston Planning Scheme, a planning permit is required to construct two (2) or more dwellings on a lot. A development must meet the requirements of Clause 55 of the Scheme. The Schedule to the Residential 1 Zone includes a variation to a number of standards within Clause 55.

Overlay

6.2 Special Building Overlay: Pursuant to Clause 44.05 of the Kingston Planning Scheme, a planning permit is required to construct a building or construct and carry out works.

Particular Provisions

6.3 Clause 52.02 – Easements, Restrictions and Reserves: Pursuant to Clause 52.06 of the Kingston Planning Scheme, a planning permit is required to create, vary or remove an easement or restriction or remove a condition in the nature of an easement in a Crown grant.

6.4 Clause 52.06 – Car Parking - Planning Scheme Amendment VC90, introduced into the Kingston Planning Scheme on 5 June 2012 contains the following residential car parking rates:

- 1 space to each 1 or 2 bedroom dwelling; - 2 spaces to each 3 or more bedroom dwelling; and - 1 visitor space for every 5 dwellings.

As the development proposes forty-four (44) one (1) and two (2) bedroom dwellings, this equates to a parking requirement of fifty-two (52) spaces for the proposed development.

As the required number of car parking spaces is provided on the site, a planning permit is not required for a reduced car parking rate pursuant to Clause 52.06-3 of the Kingston Planning Scheme.

6.5 Clause 52.29 – Land Adjacent to a Road Zone, Category 1 or Public Acquisition Overlay for a Category 1 Road: Pursuant to Clause 52.29 of the Kingston Planning Scheme, a planning permit is required to construct or alter an access to a Road Zone Category 1.

6.6 Clause 55 - Two or More Dwellings on a Lot & Residential Buildings – (Refer to Appendix A for the Planning Officer’s full assessment against this report).

General Provisions

6.7 The Decision Guidelines of Clause 65 of the Kingston Planning Scheme are relevant to this application and require consideration to be given to a variety of matters including planning scheme policies, the purpose of the zone, orderly planning and the impact on amenity.

7.0 RELEVANT POLICIES

7.1 State Planning Policy Framework (SPPF)

Clause 11 Settlement Clause 15 Built Environment and Heritage Clause 16 Housing

7.2 Local Planning Policy Framework (LPPF)

Clause 21.05 Residential Land Use Clause 22.11 Residential Development Policy

7.3 Other

7.4 Neighbourhood Character Area Guidelines (Incorporated Document under Clause 21.05 – Residential Land Use of the LPPF). The land is located within Area 11 of the Neighbourhood Character Guidelines.

7.5 Design Contextual Housing Guidelines (April 2003 – reference document within Clause 22.11 – Residential Development Policy). The Design Contextual Housing Guidelines offer a range of design techniques and suggestions to assist with residential design, which is responsive to local character.

8.0 ADVERTISING

8.1 The proposal was advertised by sending notices to adjoining and opposite property owners and occupiers and by maintaining a notice on site for fourteen (14) days. Eleven (11) objection(s) to the proposal were received. The valid grounds of objection raised are summarised as follows:

• Loss of privacy; • Overshadowing; • Parking and traffic concerns; • Neighbourhood character; • Waste management; and • Bulk, Height & Scale.

9.0 PRELIMINARY CONFERENCE

9.1 A preliminary conference was held on Thursday 11 April 2013 with the relevant Planning Officer, Ward Councillor(s), the Permit Applicant and ten (10) objector(s) in attendance. The above-mentioned issues were discussed at length, specifically traffic concerns.

9.2 The above concerns were unable to be resolved at the preliminary conference, and the objections still stand.

10.0 SECTION 50 / 50A / 57A – AMENDMENT TO PLANS

10.1 It is these plans that form the basis of this recommendation and are described at section 4 of this report.

11.0 REFERRALS

11.1 The application was referred to the following internal departments:

• Council’s Development Engineer – raised no objection to the application to amend the Planning Permit, subject to an additional condition requiring the rainwater tank for toilet flushing to be increased from 30,000 litres to 44,000 litres.

• Council’s Vegetation Management Officer - raised no objection to the application to amend the Planning Permit, and advised that Condition 1(a) and Condition 4 are still applicable and should remain on any amended planning permit.

• Council’s Roads and Drains Officer – raised no objection to the application to amend the Planning Permit, subject to additional conditions requiring the vehicular access to be constructed to an industrial strength specifications, property boundary and footpath levels not to be altered without the consent of Council, and all front and side fences to be contained wholly within the title property boundaries.

• Council’s Traffic Engineer – raised no objection to the application to amend the Planning Permit as stated below:

Traffic has no issues with the increase to parking associated with the proposed development as all required car spaces have been provided on- site.

Traffic does however have concerns with the overflow of vehicles from the development by couples and families living in the new development who own more than 1 vehicle. Traffic believes that all overflow from the development will be forced to occupy Latrobe St and the Nepean Hwy service lane which already have a shortfall of on street parking. Traffic therefore requires the following condition to be placed on the permit.

• Any permit issued should include a note to the effect that residents and visitors would be ineligible for residential parking permits.

• Council’s Urban and Sustainable Design Adviser – raised no objection to the application to amend the Planning Permit, subject to conditions requiring the plans to be amended to show the location of any permeable paving, window specifications and location of any external clothes drying facilities. It is also noted that Condition 9 requiring an ESD Report should be retained on any amended planning permit.

• Council’s Waste Management Officer – raised no objection to the application to amend the Planning Permit, subject to Condition 8 being retained on any amended planning permit.

11.2 The application was referred to the following external departments:

• VicRoads - raised no objection to the application to amend the Planning Permit, and did not require any conditions to be included on any amended permit issued.

• Melbourne Water - raised no objection to the application to amend the Planning Permit, subject to amended conditions included on any amended permit issued relating to prevention of sediment into Melbourne Water’s stormwater system and finished floor levels to prevent flooding.

12.0 PLANNING CONSIDERATIONS:

State Planning Policy Framework

12.1 The State Planning Policy Framework sets out the relevant state-wide policies for residential development at Clause 11 (Settlement), Clause 15 (Built Environment and Heritage) and Clause 16 (Housing). Essentially, the provisions within these clauses seek to achieve the fundamental objectives and policy outcomes sought by the Metropolitan Strategy – ‘Melbourne 2030’ and its recent update ‘Melbourne @ 5 Million’, which have been removed from an individual clause and integrated throughout the State Planning Policy Framework.

12.2 The settlement policies at Clause 11 seek to ensure a sufficient supply of land is available for all forms of land use in Victoria. Of particular relevance to housing, Clause 11 promotes housing diversity and urban consolidation objectives in the established urban realm. Clause 11.02-1 states that Planning Authorities should plan to accommodate projected population growth over at least a 15 year period, taking account of opportunities for redevelopment and intensification of existing urban areas as well consideration being had for environmental aspects, sustainable development and the costs associated with providing infrastructure. This clause states:

. Planning for urban growth, should consider: o Opportunities for the consolidation, redevelopment and intensification of existing urban areas; o Neighbourhood character and landscape considerations; o The limits of land capability and natural hazards and environmental quality; o Service limitations and the costs of providing infrastructure.

12.3 Clause 11.01-2 places particular emphasis on providing increased densities of housing in and around activity centres or sites that have good access to a range of services, facilities and transport options.

12.4 Clause 13 (Environmental Risks) aims to ensure that planning adopts a best practice environmental management and risk management approach which aims to avoid or minimise environmental degradation and hazards. Further, planning should identify and manage the potential for the environment, and environmental changes, to impact upon the economic, environmental or social well-being of society.

12.5 Clause 15 (Built Environment and Heritage) aims to ensure all new land use and development appropriately responds to its landscape, valued built form and cultural context, and protect places and sites with significant heritage, architectural, aesthetic, scientific and cultural value.

36 12.6 Clause 15.03-2 (Aboriginal Cultural Heritage) seeks to ensure the protection and conservation of places of Aboriginal cultural heritage significance.

12.7 The Subject Land is not identified in an area of Aboriginal Cultural Heritage Sensitivity.

12.8 Housing objectives are further advanced at Clause 16. This Clause aims to encourage increased diversity in housing to meet the needs of the community through different life stages and respond to market demand for housing. In much the same vein as Clause 11, this Clause advances notions of consolidation of existing urban areas, particularly in and around activity centres and employment corridors that are well served by all infrastructure and services.

12.9 The policies contained within Clause 16.01-4 encourage the provision of range of housing types to meet the increasingly diverse needs of the community. Emphasis is placed on development of well-designed medium density housing with respect to neighbourhood character. Further, this Clause aims to make better use of the existing infrastructure and provide more energy efficient housing.

12.10 Policies pertaining to urban design, built form and heritage outcomes are found at Clause 15 of the State Planning Policy Framework. Of particular significance, Clause 15.01 encourages development to achieve high quality architectural and urban design outcomes that contribute positively to neighbourhood character, minimises detrimental amenity impacts and achieves safety for future residents, and the community, through good design. The provisions of Clause 15.02 promote energy and resource efficiency through improved building design, urban consolidation and promotion of sustainable transport.

12.11 It is submitted that the proposed amendment continues to satisfy the aforementioned State strategies and policy direction. Specifically, the subject site is located on land earmarked for residential purposes, whereby residential development is an ‘as of right’ use under the zoning provisions. Subject to appropriate conditions on any amended permit issued, the development itself achieves an acceptable design outcome for the site and its immediate abuttals, whilst enjoying convenient and direct access to community facilities and the like, including public transport nodes.

Local Planning Policy Framework

12.12 The City of Kingston’s MSS at Clause 21.05 (Residential Land Use) of the Kingston Planning Scheme, seeks to provide guidance to development in residential zoned land, mixed use zoned lands and land within activity centres. The Residential Land Use Framework Plan illustrates the range of housing outcomes sought across the City of Kingston.

12.13 Relevant objectives and strategies in Clause 21.05-3: Residential Land Use include:

o To provide a range of housing types across the municipality to increase housing diversity and cater for the changing housing needs of current and future populations, taking account of the capacity of local areas in Kingston to accommodate different types and rates of housing change.

37 This is to be achieved through encouraging residential development within activity centres via mixed-use development, and on transitional sites at the periphery of activity centres. o To ensure new residential development respects neighbourhood character and is site responsive, and that medium density dwellings are of the highest design quality. This is to be achieved through promoting new residential development, which is of a high standard, responds to the local context and positively contributes to the character and identity of the local neighbourhood. o To promote more environmentally sustainable forms of residential development. To be achieved through promoting medium density housing development in close proximity to public transport facilities, particularly train stations. o To manage the interface between residential development and adjoining or nearby sensitive/strategic land uses. o To ensure residential development does not exceed known physical infrastructure capacities. o To recognise and response to special housing needs within the community.

12.14 Council’s Local Planning Policy at Clause 21.05 essentially reinforces State Planning Policy relevant to housing, stressing the need to encourage urban consolidation in appropriate locations and to accommodate projected population increases.

12.15 Clause 22.11 Residential Development Policy extends upon the provision contained at Clause 21.05 (Residential Land Use), relating to increased housing diversity areas, incremental housing change areas, minimal housing change areas, residential renewal areas and neighbourhood character. It provides design guidance on how new residential development should achieve architectural and urban design outcomes that positively respond to neighbourhood character.

12.16 Relevant objectives in Clause 22.11-2 Residential Development Policy include:

o To promote a managed approach to housing change, taking account of the differential capacity of local areas in Kingston to accommodate increased housing diversity, incremental housing change, residential renewal or minimal housing change, as identified within the MSS. o To encourage new residential development to achieve architectural and urban design outcomes that positively respond to neighbourhood character having particular regard to that identified in the Kingston Neighbourhood Character Guidelines – August 2007. o To promote on-site car parking which is adequate to meet the anticipated needs of future residents. o To ensure that landscaping and trees remain a major element in the appearance and character of the municipality’s residential environments. o To limit the amount and impact of increased stormwater runoff on local drainage systems. o To ensure that the siting and design of new residential development takes account of interfaces with sensitive and strategic land uses.

38 12.17 It is considered that the proposed amendment continues to generally comply and satisfy the State and Local Planning Policy Framework guidelines which aim to encourage well-designed medium density housing in appropriate locations. This is discussed in the Clause 55 assessment, later within this report.

Overlay Provisions

12.18 The amendment application has been assessed against the relevant overlay (Special Building Overlay).

12.19 The purpose of this Overlay is to identify land in urban areas liable to inundation by overland flows from the urban drainage system; to ensure development maintains the free passage and temporary storage of floodwaters, minimise flood damage; and protects water quality in accordance with the provisions of relevant State Environment Protection Policies.

The amendment application was referred to the relevant floodplain management authority (Melbourne Water) who has advised that they are supportive of the amendment subject to conditions on any amended permit issued relating to prevention of sediment laden runoff from being discharged in the stormwater system; and minimum finished floor levels for the building and details of landscaping within close proximity to the Melbourne Water drain. It is therefore considered that subject to the inclusion of amended conditions on any amended permit issued that the proposal is consistent with the purpose of the overlay control and decision guidelines contained within Clause 44.05 of the Kingston Planning Scheme.

Particular Provisions

Clause 52.02 – Easements, Restrictions and Reserves

12.20 Clause 52.02 of the Kingston Planning Scheme enables the removal and variation of an easement to enable a use or development that complies with the planning scheme after the interests of affected people are considered.

The amendment application proposes a realignment of the existing 1.83m wide sewerage and drainage easement from the southern side boundary of 1322 Nepean Highway to divert along the rear western and northern side boundary. The easement is in favour of South East Water, who has consented to the realignment of the easement and has drafted a Deed Agreement for signing by the Developer and South East Water relating to the works to be carried out for the realignment of the easement.

A condition is recommended to be included on any amended planning permit requiring a final Survey Plan showing the realigned easement to be submitted to Council for certification in accordance with Section 23 of the Subdivision Act 1988.

Clause 52.06 – Car Parking

12.21 Planning Scheme Amendment VC90, introduced into the Kingston Planning Scheme on 5 June 2012 contains the following residential car parking rates contained under Clause 52.06 of the Kingston Planning Scheme:

- 1 space to each 1 or 2 bedroom dwelling; - 2 spaces to each 3 or more bedroom dwelling; and

39 - 1 visitor space for every 5 dwellings.

As all of the dwellings would be either one (1) or two (2) bedrooms, this equates to a parking requirement of forty-four spaces plus eight (8) visitor spaces resulting in a total for the proposed development of fifty-two (52) spaces.

As the required number of car parking spaces (52) is provided on the site, a planning permit is not required for a reduced car parking rate pursuant to Clause 52.06-3 of the Kingston Planning Scheme.

Clause 52.29 – Land Adjacent to a Road Zone Category 1

12.21 The primary purpose of Clause 52.29 of the Kingston Planning Scheme is ‘to ensure appropriate access to identified roads’. As highlighted earlier in this report, as this amendment application does not propose to alter any accessway to Nepean Highway, a planning permit is not required under this Clause.

However, in light of the above and the understanding that there is no statutory obligation, Council’s Planning Officer sought the views of VicRoads (the relevant road authority) on this amendment application.

VicRoads formally advised in their correspondence to Council that they do not object to the proposal.

13.0 CLAUSE 55 (RESCODE ASSESSMENT)

13.1 The proposal has been assessed against the standards of Clause 55 (ResCode) of the Kingston Planning Scheme (refer to Appendix A). Overall, it is noted that the amendment application achieves a high level of compliance with the ResCode provisions, with only minor variations sought. Three (3) of the thirty-three (33) ResCode standards are sought to be varied, with the remaining thirty (30) standards satisfied by the proposal.

13.2 The three (3) standards, which require to be varied relate to development standards, which were varied by Council when the planning permit application was initially assessed in 2010. These standards relate to:

• Standard B6 – Street Setback; • Standard B7 – Building Height; and • Standard B10 – Energy Efficiency.

13.3 The amendment application does not propose any change to the street setback from the Nepean Highway (3.355m), maximum building height (11.385m), or the orientation and internal layout for much of the building, which was assessed by Council under the initial planning permit application, and found to warrant support.

Further to the above, the reduced street setback is considered to be consistent with the street frontage pattern of the area; particularly to the south of the subject site where buildings are constructed to the road frontage. The proposed development provides the opportunity for a transition in street setback from that of the commercial development to the south of the subject site, and that of the residential development to the north of the subject site, which typically has traditional street frontage setbacks of between 5-8m. The same notion applies to height, where it is considered that the development provides a transition between the height of the commercial development

40 to the south of the subject site and the traditional one to two storey height of residential development to the north of the subject site.

13.4 Additionally, the amendment application is considered to continue to be consistent with the neighbourhood character of the area and the Residential Policy Objectives.

Clause 55.02-1 – Neighbourhood Character & Infrastructure Standard B1 – Neighbourhood Character

13.5 The objective of this Clause 55.02-1 is ‘to ensure that the design respects the existing neighbourhood character and responds to the features of the site and surrounding area’. Standard B1 of ResCode suggests that the proposed design should respect the existing or preferred neighbourhood character and respond to the features of the site.

13.6 The subject site is located within a mixed residential/commercial area where the surrounding area generally comprises of detached single-storey brick veneer dwellings with recent in-fill medium density residential development, together with large commercial buildings fronting the Nepean Highway. Roofing forms are generally hipped with porch elements and varying front fencing heights and styles. Building footprints are generally modulated with building placement being sited 7-10m from the street frontage. Properties along the Nepean Highway, are either residential or commercial in nature with varying heights, bulk, scale and materials.

13.7 It is considered that the proposed amendment application results in a development which continues to generally comply and satisfy the State and Local Planning Policy Framework guidelines which aim to encourage well-designed medium density housing in appropriate locations. The proposed building continues to be well articulated from both the Nepean Highway and La Trobe Street and provides a building form which is considered to be consistent with scale and bulk of existing buildings located to the south of the subject site fronting the Nepean highway.

Standard B2 – Residential Policy

13.8 The Residential policy objective seeks to ensure that any proposed development accords with the relevant State and Local Planning Policy Framework. An assessment against Kingston’s MSS and Residential Development Policy has been provided at section 11 of this Report, with the proposed amendment application found to be highly compliant.

14.0 RESPONSE TO GROUNDS OF OBJECTIONS

14.1 Eleven (11) objections were received to the amendment application. A summary of the concern and response to each ground is provided below:

14.2 Neighbourhood character, height, bulk & scale

Concern was raised that the proposed three-storey building accommodating forty-four (44) dwellings would not be consistent with the neighbourhood character of the area. As discussed within the body of this Report under Parts 13.6 & 13.7, the amended design response is considered to be appropriate to the site and respects the existing neighbourhood character of the area. Whilst three-storey in form, the proposed

41 development is considered to be sensitively designed with the building stepped back from the street frontage and side boundaries. The extended length of the building presenting to the Nepean Highway is considered to be consistent in height and scale to the existing commercial buildings to the immediate south of the subject site and that of many other buildings located along the Nepean Highway.

The design of the building including design treatments, building heights, form, colours, materials and finishes is identical to the original planning permit application, which obtained planning approval in 2010.

14.3 Overshadowing

Concern was raised about the potential for overshadowing from the three-storey building. The shadow diagrams submitted with the amendment application indicate that there will be some early morning shadow cast over the rear private open space area of the rear dwelling at 2/81 La Trobe Street where the building is proposed to be extended. However, this is not considered unreasonable as the shadow would be clear by mid-morning on the Equinox providing the remainder of the day clear of shadow being cast from the proposed extension.

14.4 Loss of Privacy

14.5 Waste Management

Concern was raised that the nature strip to La Trobe Street and the Nepean Highway would not be able to accommodate for up to forty-four (44) bins for waste collection and that some of the bins would have to be placed on the adjoining nature strips. A condition is recommended on any permit issued requiring a waste management plan to be submitted to the Responsible Authority for approval. The management plan would need to address: . The manner in which waste will be stored and collected including: type, size and number of containers; . Spatial provision for on-site storage; . Details whether waste collection is to be performed by Council’s services or privately contracted; and . The size of the collection vehicle and the frequency, time and point of collection.

42 14.6 Parking and traffic concerns

Traffic has no issues with the increase to parking associated with the proposed development as all required car spaces have been provided on-site.

It is also noted that the on-site car parking complies with the car parking requirements of Clause 52.06 of the Kingston Planning Scheme with the required number of car parking spaces and visitor spaces provided on site within the basement of the building. Additionally, a total of fifty-two (52) bicycle spaces are proposed within the extended building providing the opportunity for cycling as a means of transport.

Additionally, a Traffic Report was submitted with the amendment application by Ratio Consultants Pty Ltd, which concluded that:

The site is well suited for the proposed apartment development as it has convenient access to the surrounding arterial road network and shopping and community facilities. It also has good public transport facilities within walking distance of the site…The proposed provision of 44 resident spaces and 8 visitor spaces located within a suitably designed basement car park will adequately cater for the resident and visitor parking demands generated by the proposed development…Any overflow resident or visitor parking can be accommodated within the available on-street parking in the vicinity of the site….It is therefore concluded that the proposed development will not produce adverse traffic and parking impact in the precinct.

15.0 CONCLUSION:

15.1 The proposed amended development is considered appropriate for the Site, subject to conditions, as evidenced by:

• The compatibility of the design and siting with the surrounding area; • The mitigation of off-site amenity impacts; • A suitable level of compliance with all relevant policies, including Clause 55 of the Kingston Planning Scheme; and • Further, given the amendment is considered acceptable, Section 74 of the Act requires that an amended permit must be issued.

43 APPENDIX A – RESCODE ASSESSMENT

Standard of the Kingston Planning Scheme Two or more dwellings on a lot and residential buildings (Clause 55 and Schedule to the Residential 1 Zone)

Complies Requirement and Title and Objective with Proposed Standard? B1 Neighbourhood Character Yes The proposed extension to Design respects existing neighbourhood the building is considered character or contributes to a preferred to be consistent with the neighbourhood character. approved design and is Development responds to features of the site considered to be and surrounding area. complementary to the existing bulk and scale of buildings fronting the Nepean Highway within the vicinity.

Please refer to Parts 13.5 - 13.7 of this report. B2 Residential Policy Yes The proposal is considered Residential development is consistent with to be generally consistent housing policies in the SPPF, LPPF including with all relevant sections of the MSS and local planning policies. the SPPF, LPPF (including Support medium densities in areas to take Council’s MSS) and local advantage of public transport and community planning policies, namely infrastructure and services. Council’s Residential Development Policy under Clause 22.11 of the Kingston Planning Scheme, with the exception of the average lot size calculated for Area 4.

See Part 13.8 of this Report. B3 Dwelling Diversity Yes The amended development Encourages a range of dwelling sizes and would provide for a variety types in developments of ten or more of 1 & 2 bedroom dwellings. apartments and provides for 20 apartments at ground floor level. B4 Infrastructure Yes It is recommended that Provides appropriate utility services and suitable condition(s) be infrastructure without overloading the retained on any amended capacity. planning permit to address infrastructure considerations.

44 Complies Requirement and Title and Objective with Proposed Standard? B5 Integration with the Street Yes The proposed extension to Integrate the layout of development with the the building would be street orientated to front the Nepean Highway. B6 Street Setback No No change to the frontage The setbacks of buildings from a street setbacks are proposed as respect the existing or preferred part of the amendment neighbourhood character and make efficient application to what was use of the site. initially assessed by Council.

Please refer to Parts 13.2 & 13.3 of this report. B7 Building Height No No change to the building Building height should respect the existing or height is proposed as part preferred neighbourhood character. of the amendment application to what was initially assessed by Council.

Please refer to Parts 13.2 & 13.3 of this report. B8 Site Coverage Yes Maximum: 60% Site coverage should respect the existing or Proposed: 57.06% preferred neighbourhood character and respond to the features of the site. B9 Permeability Yes At least: 20% Reduce the impact of stormwater run-off on Proposed: 23.74% the drainage system and facilitate on-site stormwater infiltration. B10 Energy Efficiency No No change to the building Achieve and protect energy efficient orientation is proposed as dwellings and residential buildings. part of the amendment Ensure orientation and layout reduces fossil application to what was fuel energy use and makes appropriate use initially assessed by of daylight and solar energy. Council.

Please refer to Part 13.2 & 13.3 of this report. B11 Open Space N/A No communal open space Integrate layout of development with any is proposed as part of the public and communal open space provided amendment application. in or adjacent to the development. B12 Safety Yes The layout of the proposed Layout to provide safety and security for extension is considered to residents and property. provide safety and security to residents, with the

45 Complies Requirement and Title and Objective with Proposed Standard? amended proposal continuing to provide good passive surveillance of the streets and entry to the building. B13 Landscaping Yes It is recommended that a To provide appropriate landscaping. condition requiring a To encourage: landscape plan be retained • Development that respects the landscape on any amended planning character of the neighbourhood. permit.

• Development that maintains and enhances habitat for plants and animals in locations of habitat importance.

• The retention of mature vegetation on the site. B14 Access Yes The previously approved Ensure the safe, manageable and design and location of the convenient vehicle access to and from the vehicular access from La development. Trobe Street is not Ensure the number and design of vehicle proposing to be modified as crossovers respects neighbourhood part of the amendment character. application. B15 Parking Location Yes Each additional apartment Provide resident and visitor vehicles with would be provided with one convenient parking. (1) car parking space Avoid parking and traffic difficulties in the located within the development and the neighbourhood. basement. The modified Protect residents from vehicular noise within and extended basement is developments. considered to avoid parking and traffic difficulties and would protect residents from noise by virtue of the car parking being located within a building. B16 – no longer exists following Planning Scheme Amendment VC90 approved on 5 June 2012. B17 Side and Rear Setbacks Yes Ground Floor: Ensure the height and setback respects the Southwest: 3.965m existing or preferred neighbourhood minimum setback allowing character and limits the amenity impacts on 8.8m height – 3.7m max height proposed. existing dwellings. South: N/A (street frontage, and previously assessed as part of the original planning permit application). Northeast: N/A (street

46 Complies Requirement and Title and Objective with Proposed Standard? Frontage). North: 3.2m minimum GF setback allowing 8.1m max height – 3.7m max height proposed.

First Floor: Southwest: 3.965m minimum setback allowing 8.8m height – 7.2m max height proposed. South: N/A (street frontage, and previously assessed as part of the original planning permit application). Northeast: N/A (street Frontage). North: 3.2m minimum GF setback allowing 8.1m max height – 7.8m max height proposed.

Second Floor: Southwest: 6.75m minimum setback allowing 11m height – 10.5m max height proposed. South: N/A (street frontage, and previously assessed as part of the original planning permit application). Northeast: N/A (street Frontage). North: 6.52m minimum GF setback allowing 11m max height – 10.2m max height proposed.

The Standard is therefore met. B18 Walls on Boundaries N/A The original design Ensure the location, length and height of a together with the wall on a boundary respects the existing or amendment application preferred neighbourhood character and limits does not propose any walls the amenity impacts on existing dwellings. on boundaries.

47 Complies Requirement and Title and Objective with Proposed Standard? B19 Daylight to Existing Windows Yes The proposed extension to Allow adequate daylight into existing the previously approved habitable room windows. building is considered to provide adequate solar access to existing habitable room windows. B20 North Facing Windows Yes All existing north-facing Allow adequate solar access to existing habitable room windows north-facing habitable room windows. within 3m of the boundary to the proposed extension would receive adequate solar access. B21 Overshadowing Open Space Yes The shadow diagrams Ensure buildings do not significantly submitted with the overshadow existing secluded private open amendment application space. indicate that there will be some early morning shadow cast over the rear private open space area of the rear dwelling at 2/81 La Trobe Street where the building is proposed to be extended. However, this is not considered unreasonable as the shadow would be clear by mid-morning on the Equinox providing the remainder of the day clear of shadow being cast from the proposed extension. B22 Overlooking Yes All west & north elevation Limit views into existing secluded private balcony and habitable room open space and habitable room windows. windows of the proposed extension within 9m of adjoining secluded private open space and habitable room windows have been screened or designed to prevent overlooking.

48 Complies Requirement and Title and Objective with Proposed Standard? B23 Internal Views Yes The proposed extension to Limit views into existing secluded private the previously approved open space and habitable room windows of building is not considered dwellings and residential buildings within the to result in any same development. unreasonable views into the open space and habitable room windows within the development. B24 Noise Impacts Yes No unreasonable noise Protect residents from external noise and sources are anticipated contain noise sources in developments that beyond what is expected may affect existing dwellings. for a residential use. B25 Accessibility Yes No change is proposed to Consider people with limited mobility in the the location and design of design of developments. the previously approved entry, which would be accessible to people with limited mobility. B26 Dwelling Entry Yes The pedestrian entry to the Provide a sense of identity to each building will remain in its dwelling/residential building. current previously approved location. B27 Daylight to New Windows Yes A minimum 1m clear to the Allow adequate daylight into new habitable sky is proposed for all room windows. additional apartments as part of the amendment application.

49 Complies Requirement and Title and Objective with Proposed Standard? B28 Private Open Space Yes Required: 40m2 for each Provide reasonable recreation and service dwelling with one part of needs of residents by adequate private open the private open space to space. consist of secluded POS at the side or rear of the dwelling or residential building with a minimum area of 25m2, a minimum dimension of 3m and convenient access from a living room, OR A balcony of 8 square metres with a minimum width of 1.6 metres and convenient access from a living room, OR A roof-top area of 10m2 with a minimum width of 2m and convenient access from a living room.

Proposed: Each of the additional apartments would be provided with a balcony or terrace with an area greater than 8m2 and with a minimum dimension greater than 1.6m. B29 Solar Access to Open Space Yes All of the additional Allow solar access into the secluded private apartments will enjoy open space of new dwellings/buildings. reasonable solar access either during the morning or the afternoon. B30 Storage Yes A storage facility measuring Provide adequate storage facilities for each 6m3 is proposed to each of dwelling. the apartments. B31 Design Detail Yes The design detail for the Encourage design detail that respects the proposed extension is existing or preferred neighbourhood identical to the originally character. approved building.

50 Complies Requirement and Title and Objective with Proposed Standard? B32 Front Fences Yes The extension to the Encourage front fence design that respects fencing fronting the Nepean the existing or preferred neighbourhood Highway is proposed at character. 1.9m in height being less than the maximum height Note: The Schedule to the Residential 1 of 2m for streets in a Road Zone includes a variation to this standard Zone, Category 1. B33 Common Property Yes The additional common Ensure car parking, access areas and other property located at the communal open space is practical, attractive northwest portion of the site and easily maintained. providing external bike Avoid future management difficulties in storage; three (3) rainwater common ownership areas. tanks and landscaping is considered to be practical and easily maintained. B34 Site Services Yes Site services and facilities Ensure site services and facilities can be for the area encompassing installed and easily maintained and are the proposed amendment accessible, adequate and attractive. Avoid are not envisaged to result future management difficulties in common in any management ownership areas. difficulties.

51 52 53 54 55 56 57 58 59 60 61 62 63 Ordinary Council Meeting

27 May 2013 Agenda Item No: P 72

C124 MENTONE ACTIVITY CENTRE ZONE

Contact Officer: Rosa Zouzoulas

Purpose of Report The purpose of this report is to consider the submissions received in relation to Planning Scheme Amendment C124 to the Kingston Planning Scheme and for Councillors to determine how to proceed with the Amendment. Disclosure of Officer / Contractor Direct or Indirect Interest No Council officer/s and/or Contractor/s who have provided advice in relation to this report have declared a Conflict of Interest regarding the matter under consideration. Recommendation Officers recommend that Council resolves to:

1. Modify the Amendment to provide for changes to building heights and setbacks for land at 41-45 Florence Street, Mentone (Precincts 2C & 2D); to provide for greater clarity for the implementation of traffic and transport issues as requested by VicRoads; and re-exhibit the modified Amendment C124.

1. Executive Summary In October 2011 Council sought to seek authorization for Amendment C124 – Mentone Activity Centre Zone. In October 2012 the Minister for Planning authorized the exhibition of the amendment. The amendment was exhibited in November and December 2012. Ten submissions were received.

During exhibition of the Amendment, ten (10) submissions were received. Three (3) of the submissions received were from referral authorities, Department of Sustainability and Environment and South East Water who raised no objection and VicRoads who raised no objection subject to the inclusion of new dot point to be included in the Municipal Strategic Statement.

One submission was from Bayside City Council who have no objection although would appreciate being advised of any future Panel Hearing.

One submission was from the Mordialloc Community Nursing Home raised concerns that the amendment would affect their on-going operations by identifying a future use of the land.

One submission supported the Amendment, and made suggestions for changes to the Schedule to the Activity Centre Zone to increase building heights and scale of built form to further intensify capacity of land beyond that expressed in the Amendment for a component of Precinct 2A.

TRIM: 13/10640 64 Five (5) submissions received from land owners objected to specific aspects or outcomes that may eventuate from the proposed Schedule to the Activity Centre Zone being introduced. Objections relate to traffic and parking, amenity, character and increased housing in the activity centre, future building heights, setbacks and existing use rights.

This report recommends that based on the submissions received, that the Council change the Amendment to amend the building height and setbacks for land at 41-45 Florence Street, Mentone (Precincts 2C & 2D), and as a consequence of the proposed change re- consult with the community.

Should the Council not support this recommendation it should resolve to ask the Minister to appoint an independent panel to further consider the submissions received on the basis of the originally exhibited Amendment.

2. Background At its Ordinary Council meeting on 24 October 2011 Council resolved to seek authorisation from the Minister for Planning to prepare Planning Scheme Amendment C124 to:

. Rezone land in the Mentone Activity Centre to the Activity Centre Zone. . Introduce Schedule 2 to the Activity Centre Zone into the Kingston Planning Scheme. . Delete Design and Development Overlay – Schedule 18 from the Kingston Planning Scheme and remove it from the land to which it applies. . Amend Clause 21.05-4 – Residential Land by updating the implementation strategies and to reference the Mentone Activity Centre Structure Plan. . Amend Clause 21.06-4 – Retail and Commercial Land Use by referencing the Mentone Activity Centre Structure Plan and updating the implementation strategies. . Reference the Mentone Activity Centre Structure Plan in the Kingston Planning Scheme.

Authorisation to prepare the Amendment was received from the Minister for Planning on 2 October 2012.

Planning Scheme Amendment C124 was placed on public exhibition for a period of six weeks between 1 November 2012 and 14 December 2012. Following the exhibition period ten (10) submissions were received. The key issues raised in the submissions are discussed below.

3. Discussion 3.1. Council Plan Alignment Planned Outcome 2- A Sustainable Environment: • Strategy 2.1.2- Review of local planning and processes

Preparing a Planning Scheme Amendment is consistent with the Council Plan as it relates to reviewing local policies that are no longer consistent with the objectives and policies of the Planning Scheme.

3.2. Consultation Planning Scheme Amendment C124 was placed on public exhibition for a period of six (6) weeks between 1 November 2012 and 14 December 2012. Notice was given as follows:

• Notice of the Amendment was published in the Victorian Government Gazette on 1 November 2012. • Notice of the Amendment was published in the Mordialloc Chelsea Leader on 5 & 12 November 2012.

TRIM: 13/10640 65 • Direct notification was sent via ordinary mail to all landowners and occupiers potentially affected by the Amendment on 1 November 2012. • Amendment documentation was made available on Kingston’s Strategic Planning website, Cheltenham and Mentone customer service centres, Cheltenham and Parkdale Libraries, and the Department of Planning and Community Development website from 1 November 2012.

3.3. Operation and Strategic Issues Copies of all submissions are included with Appendix 1 of this report. The submissions are summarized below. An assessment of the submissions and recommended response is also included.

3.3.1. Existing land use The submission from Mordialloc Community Nursing Home Inc. seeks clarification with regard to the future of the nursing home at the corner of Brindisi and Remo Streets, Mentone. The Amendment documentation identifies this land as a new open space opportunity,that seeks to translate the Mentone Structure Plan into the Kingston Planning Scheme. The adopted Mentone Structure Plan identifies the site of the existing nursing home as potential open space with the retention in the short to medium term of the aged care facility.

The Amendment will not require the existing land use to terminate or relocate. The nursing home has existing land use rights and may continue to operate in accordance with relevant lease arrangements. The Amendment identifies the land as being in a precinct where existing open space may be supplemented when and if an opportunity arises to expand the open space. A separate decision on this matter will be required by the Council.

Accordingly, no changes to the amendment are recommended.

3.3.2. Traffic Three submissions in particular raised concerns with regard to traffic. The submission from VicRoads does not object to the Amendment although requests that an additional point be included in Clause 21.06 of the Kingston Planning Scheme.

Officers consider that the suggestion of VicRoads to be reasonable although suggest that this dot point be re-worded as follows:

• Work in partnership with VicRoads to prepare a strategy plan to implement the actions of the reference document, Mentone Structure Plan, and obtain approval for proposals within the reference document where these proposals directly affect declared arterial and main roads.

Officers are currently liaising with VicRoads to confirm acceptance of the proposed dot point above. Should VicRoads accept the modified dot point, Officers recommend that Planning Scheme Amendment C124 be changed to include that point.

Two submissions raised concerns that the Planning Scheme Amendment does not deal with the issue of traffic. These submissions further highlight concerns that additional traffic will be generated, thereby exacerbating the existing traffic problems.

Significant work was undertaken in preparing both the now adopted Mentone Structure Plan and Planning Scheme Amendment C124 to the Kingston Planning Scheme in relation to traffic considerations. Council commissioned ARUP to assess traffic issues and identify potential traffic calming measures TRIM: 13/10640 66 and solutions to ease congestion, increase safety and more appropriately redirect traffic through the Centre. The Structure Plan and Amendment both propose a ring road from Balcombe Road to Florence Street. The purpose of the ring road is to redirect through traffic away from the centre of the Activity Centre, allowing shared zones and reduced traffic and traffic speed in the heart of the Centre. This in turn would significantly increase pedestrian and bicycle safety. Both submissions also seek resolution to the conflict between train and vehicle congestion. The ARUP work identifies how works could occur by modifying the road layout and introducing traffic signals to improve the road’s performance and ease congestion. These interventions would require support from VicRoads.

Officers consider it appropriate that the submissions regarding traffic and congestion be considered by an Independent Panel, at the appropriate time.

3.3.3. Height, Scale & Built Form One submission supports the direction and policy of the Amendment to achieve urban consolidation within activity centres. The submission identifies concern with aspects of the Amendment and seeks modification to the precinct objectives, requirements and guidelines for precinct 2A to allow a permit to be granted to exceed the maximum building heights proposed. At present the control in this precinct is not discretionary, a permit cannot be granted to exceed four stories (14 metres) in height.

The submission is made on behalf of two significant landowners of the properties at 41 and 45 Florence Street, Mentone within Precinct 2A. Justification for the proposed changes includes State and Local government policy for intensification of Major Activity Centres which are well serviced by transport and community services and facilities; the potential for a significant consolidated land parcel that can support building height above 4 storeys; and recent VCAT decisions relating to constraining the height of buildings in Major Activity Centres.

The submission further justifies its proposed changes on the basis of the development of the Mentone Structure Plan. Draft versions of the Structure Plan identified that, based on existing building heights, topography, size and dimension of land, policy and views to significant landmarks; maximum building heights in this precinct could be in the order of 5-7 storeys.

The submission identifies the potential for a significant project to be realised in the Mentone Activity Centre to support the objectives and policies of the Planning Scheme Amendment for active street frontages, increased safety, provision of a different form of dwelling within close proximity to public transport and services, and positive economic benefits to the Centre.

The proposed Planning Scheme Amendment and in particular the objectives, requirements and guidelines for Precinct 2A, seek to provide consideration not only for proposed new development but the amenity of existing residential surrounding neighbourhoods. In considering the development of the Structure Plan Council Officers did consider that this particular part of the Precinct could support greater building height given it did not have a direct abuttal with residential development. The existing interim controls that are in place through Schedule 18 to the Design and Development Overlay provide for between 5-7 storeys or 23 metres.

Council has since resolved to allow a maximum of 4 storeys for Precinct 2A. Consideration of this submission has again raised the prospect of greater building height being considered in a particular section of Precinct 2A that is TRIM: 13/10640 67 consistent with the strategic work prepared to support the development of the structure plan.

Based on the merits of the submission, previous work undertaken, and limited feedback in relation to the Structure Plan, Officers consider it appropriate that Council in this instance consider modifying the Planning Scheme Amendment consistent with this submission to allow discretion to consider development proposals greater than 4 storeys in what would become two new Precincts 2C and 2D that would cover the land at 41 and 45 Florence Street and the Council car parking land that is in the middle and rear of these sites.

3.3.4. Amenity One submission was received that identified concerns with respect to the amenity of existing residents in Precinct 4 south of Florence Street, Mentone. The submission seeks clarification that proposed setbacks and heights will not be exceeded, and greater detail with respect to guidelines that will maintain existing levels of privacy for residents. Further concerns include loss of winter sunlight and overshadowing increased noise resulting from allowable and possible future uses.

As identified in the previous section it is recommended that Council give consideration to applying discretionary (non mandatory) controls on land which is diagonally opposite the owners corporation of No. 28 Florence Street who has raised the above concerns.

In developing the Mentone Structure Plan, Council prepared and adopted PLAN. PLAN considered the existing heights and topography of the Centre and examined the appropriateness of modified building height to assist in forming the basis of the interim controls that exist in the Kingston Planning Scheme today. Concerns regarding sunlight and overlooking were considered against the existing Planning Scheme controls that exist to protect the amenity of residents on the edge of the Activity Centres. The analysis undertaken in PLAN illustrated that the proposed heights and setbacks proposed do not substantially increase the impact of overshadowing on the amenity of nearby residential properties. Additional work has been recently undertaken that indicates that the potential for shadowing of any window or private open space area of the properties on the southern side of Florence Street would not occur based on the envisaged building heights in the PLAN document.

This submission also raises concerns of noise from uses that may eventuate should new development be approved in Precinct 2A particularly that part north of Balcombe Road. Land fronting Florence Street on the north side of Florence Street is presently zoned Business 1. The uses that are currently allowable include general retail and services such as a café, green grocer, and retail shops. These uses would still be allowable should the land be rezoned to the Activity Centre Zone. There would not be significant change to the uses that are currently allowed. The Amendment has made very minor changes to list of uses that are allowed by not allowing uses such as a Laundromat or Dry Cleaner in Precinct 2 given the close proximity of established residential areas and the amenity concerns that could arise.

Officers consider it appropriate to meet with this submitter to discuss the Amendment and explain what is presently permitted and what would be permitted through the Amendment. Should Council resolve to re-exhit the Amendment providing discretion in the Building Height for the part of Precinct 2A, new precincts 2C and 2D, discussed in this report this submitter would also have another opportunity of commenting on the merits of the proposed changes. TRIM: 13/10640 68

3.4. Options Section 22 of the Planning and Environment Act 1987 requires that Council consider all submissions received in respect to an exhibited Amendment.

Section 23 of the Planning and Environment Act 1987 specifies that after considering submissions, Council must: • Change the Amendment as requested in submissions and proceed to approve it in a modified form;

• Ask the Minister to appoint an independent panel to review the submissions. The panel is independent and its main role is to review the submissions and provide advice to Council and the Minister for Planning about the amendment and submissions.

• Abandon the Amendment

Council Officers recommend that given the substance of the submission and the benefits the submission outlined relevant to 41 and 45 Florence Street, it re-exhibit the Planning Scheme Amendment seeking to make the provisions applicable to the proposed Precincts 2C & 2D discretionary and seek community input as part of re- exhibiting the Amendment prior to reporting back to Council with a likely recommendation to refer this matter to a Planning Panel in accordance with Option 2 above.

Should Council resolve not to re-exhibit the Amendment in a slightly modified format it should resolve to refer the matter to a Planning Panel.

4. Conclusion 4.1. Environmental Implications The proposed Activity Centre Zone includes guidelines and objectives for new development to be environmentally sustainable, including Water Sensitive Urban Design principles and Ecologically Sustainable design measures.

4.2. Social Implications The proposed Activity Centre Zone seeks to promote the creation of social meeting spaces to contribute to a vibrant community life and increased social interaction.

4.3. Resource Implications If the Amendment were to proceed there may be an increase in planning applications for Council Officers to assess, however it is anticipated that these would not create a significant impact on the Statutory Planning Department.

4.4. Legal / Risk Implications Consideration has been given to the matters raised in relation to this Amendment against the relevant legislation.

5. Appendices 5.1. Appendix 1 – Copy of submissions 5.2. Appendix 2 – Modified Schedule 3 to the Activity Centre Zone

Author/s: Rosa Zouzoulas, Team Leader Strategic Planning Reviewed and Approved By: Rachel Hornsby, General Manager Environmental Sustainability

TRIM: 13/10640 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 KINGSTON PLANNING SCHEME

--/--/20-- SCHEDULE 2 TO THE ACTIVITY CENTRE ZONE C124

Shown on the planning scheme map as ACZ2.

MENTONE ACTIVITY CENTRE

1.0 Mentone Activity Centre Framework Plan

--/--/20-- C124

ACTIVITY CENTRE ZONE - SCHEDULE 2 PAGE 1 OF 28 87 KINGSTON PLANNING SCHEME

2.0 Land use and development objectives to be achieved

--/--/20-- C124 . To promote Mentone as a contemporary centre that capitalises on its distinctive heritage and promotes a vibrant and active community through a high quality mixed use environment. . To reinforce Mentone as a destination and recognise the strong relationship between the activity centre, the foreshore and heritage buildings.

Land use

. To strengthen and expand Mentone Activity Centre’s retail, office and mixed use areas. . To provide for increased density development which provides for a mix of uses to enable residential living opportunities within the centre which capitalise on access to public transport, open space, community services and retail opportunities. . To encourage ground floor uses that activate street frontages along main roads and laneways.

Built form

. To ensure new development achieves appropriate transitions in height and form from significant heritage places and to established surrounding neighbourhoods. . To encourage contemporary architecture and urban design treatments at gateway locations identified in the Framework Plan. . To ensure development enables the preservation of view lines of iconic Mentone buildings such as the former Coffee Palace, Mentone Railway Station, Abbott and Comber’s Building and the building located on the Como Parade West island. . To ensure built form provides articulation, minimises overshadowing and provides for high quality architecture. . To achieve a built form and urban fabric which features ‘fine grained’ elements, such as narrow ground level shop-fronts, articulated facades, and regular openings/entrances to the street. . To ensure new development adjacent to a heritage place is contemporary in nature and demonstrates architectural detailing to sensitively respond to the heritage characteristics of the adjoining place. . To ensure development is respectful of the heritage characteristics of the centre.

Environmental sustainability • To ensure new development incorporates water sensitive urban design (WSUD) principles and environmentally sustainable design (ESD) measures. • To achieve development that maximises opportunities for on-site renewable energy generation, alternative energy and sharing of energy resources, as well as water capture and re-use.

Public realm

. To strengthen the intimate pedestrian scale of Mentone as a commercial and community hub. . To provide attractive and safe urban environments that increase opportunities for social interaction and community life.

ACTIVITY CENTRE ZONE - SCHEDULE 2 PAGE 2 OF 28 88 KINGSTON PLANNING SCHEME

Open space and landscaping

. To encourage the facilitation of new public open space north of Balcombe Road. . To encourage opportunities for consolidated and enhanced recreational open space at the Mentone Reserve. . To maximise opportunities for new open space areas within the centre to provide for meeting points and improved amenity. . To maximise opportunities for landscaping and public art along key roads and public spaces to create appealing and safe streetscapes.

Transport, movement and access . To encourage walking as the most desirable option of travel within and proximate to Mentone, through the creation of safe pedestrian routes and public spaces. . To transform the intersection of Mentone Parade, Como Parade, and Florence Street to create an expanded public space, that improves pedestrian safety. . To facilitate the interchange between modes of transport including buses, the railway station, commuter drop off points, and bike locker facilities and improved access to public transport. . To provide a new approach to private vehicle and traffic access through to, and around Mentone. . To consolidate and simplify vehicular access points to off-street car parking facilities. . To maximise bicycle connections between the Activity Centre, the foreshore and other activity centres. . To redefine Mentone’s laneways by activating and improving access to rear laneways, to enhance pedestrian connections within the Activity Centre.

. To support the creation of a new peripheral road to provide safe pedestrian public spaces and routes within the Centre and to improve traffic circulation.

. To retain car parking in preferred locations through basement car parking on key redevelopment sites.

Land configuration and Ownership

• To encourage the reconfiguration and consolidation of land where necessary to create viable development sites and optimal development of the centre. • To avoid the underdevelopment or underutilisation of land that does not achieve the outcomes of the Framework Plan.

3.0 Table of uses

--/--/20-- Section 1 - Permit not required C124

USE CONDITION

Accommodation (other than Camping & Except for Precincts 3 and 4, must not be caravan park, Caretaker’s house, located at ground floor level, except for Corrective institution, Dependant entry foyers. persons unit, Dwelling and Host farm)

ACTIVITY CENTRE ZONE - SCHEDULE 2 PAGE 3 OF 28 89 KINGSTON PLANNING SCHEME

Animal keeping (other than animal Must be no more than 2 animals boarding)

Caretaker’s house Must not be located in Precincts 3 and 4

Dependant person’s unit Must be located in Precincts 3 and 4 Must be the only Dependant person’s unit on the lot

Dry Cleaner Must be located in Precinct 1

Dwelling Must not be located in Precinct 7 In Precinct 1 or 2, any frontage at ground floor level must not exceed 2 metres

Education Centre Must be in Precinct 6

Electoral office Must not be in Precinct s 3 and 4 May be used for only 4 months before an election and 2 weeks after an election

Food and Drink Premises (other than Must not be located in Precincts 3, 4, 5, 6 Hotel or Tavern) and 7 Must be located at ground floor level, but is not limited to ground floor level

Home occupation

Informal outdoor recreation

Laundromat Must be located in Precinct 1

Market Must not be located in Precincts 3 and 4

Medical Centre Must not be in Precinct 3, 4, 5, 6 and 7 Any frontage at ground floor level must not exceed 2 metres.

Minor sports and recreation facility Must be located in Precinct 6 or 7

Minor utility installation

Office (other than Electoral office or Must not be located in Precinct 3, 4, 5, 6 Medical Centre) and 7 Any frontage at ground floor level must not exceed 2 metres, and access must not be shared with a dwelling (other than a caretaker’s house), unless the office is bank, real estate agency, travel agency, or any other office where the floor space adjoining the street frontage is a customer service area accessible to the public

Postal Agency Must not be located in Precinct 3, 4, 5, 6 and 7

Railway

Shop (other than Adult sex bookshop) Must not be located in Precinct 3, 4, 5, 6 and 7

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Any use listed in Clause 62.01 Must meet the requirements of Clause 62.01

Section 2 - Permit required USE CONDITION

Adult Sex Bookshop Must be at least 200 metres (measured by the shortest route reasonably accessible on foot) from Precincts 3 and 4, a residential zone, business zone, land used for a hospital, primary school or secondary school or land in a Public Acquisition Overlay to be acquired for hospital, primary school or secondary school

Animal keeping (other than Animal In Precinct 3, 4,5, 6 and 7 must be no boarding) if Section 1 condition is not more than 5 animals met

Car wash Must not be located in Precincts 3, 4, 6 and 7.

Convenience shop Must not be in Precincts 3, 4, 6 and 7. Leasable floor area must not exceed 80 square metres

Commercial display area Must not be in Precinct 3, 4, 6 and 7

Electoral Office Must not be located in Precinct 3, 4 and 7

Food or drink premises (other than Hotel Must not be located in Precinct 3 and 4 or Tavern) – if Section 1 condition is not met

Hotel Must not be located in Precinct 3, 4, 6 or 7

Leisure and recreation (other than Informal outdoor recreation, Major sports and recreation facility and Motor racing track)

Leisure and recreation (other than Minor sports and recreation facility, Major sports and recreation facility, Race track and Motor racing track)

Major sports and recreation facility Must be located in Precinct 7 (other than Race track)

Market – if Section 1 condition is not met Must not be located in Precinct 3 and 4

Nightclub Must be located in Precinct 1

Office (other than Medical Centre) – if the Must not be located in Precincts 3 and 4 Section 1 condition is not met

Place of assembly (other than Nightclub or Drive-in theatre)

ACTIVITY CENTRE ZONE - SCHEDULE 2 PAGE 5 OF 28 91 KINGSTON PLANNING SCHEME

Research and development centre Must not be in Precincts 3 and 4

Retail premises (other than food and Must not be located in Precinct 3, 4, 6 or 7 drink premises, Market, Postal agency Must be located at ground floor level, but is and shop) not limited to ground floor level

Service industry Must be located in Precinct 1

Shop (other than Adult sex bookshop Must not be located in Precinct 3, 4, 6 and 7 and Convenience shop) - if the Section 1 condition is not met)

Any other use not in Section 1 or 3

Section 3 – Prohibited

USE Agriculture (other than Apiculture and Animal keeping)

Airport

Brothel

Camping and caravan park

Corrective institution

Drive-in theatre

Host farm

Industry (other than Service industry and Research and development centre)

Motor Racing Track

Race Course

Warehouse (other than a Commercial display area)

4.0 Centre-wide provisions --/--/20-- C124

4.1 Use of Land

A permit is not required to use land for the purpose of Local Government or education providing the use is carried out by, or on behalf of, the public land manager.

4.2 Subdivision and Consolidation or Land

--/--/20-- C124 Applications for subdivision that do not support the objectives promoted by this Scheme for Mentone Activity Centre are discouraged. Consolidation of land to facilitate the creation of development sites that assist to achieve the development objectives for the Activity Centre are encouraged.

4.3 Buildings and works

--/--/20-- C124

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A permit is not required for the following: • An alteration to an existing building façade provided:

o The alteration does not include the installation of an external roller shutter.

o At least 80 percent of the building façade at ground floor level is maintained as an entry or window with clear glazing. • An awning that projects over a road if it is authorised by the relevant public land manager. • An automated teller machine

Dwelling on a lot of more than 300 square metres No permit is required to:

. Construct or extend one dwelling on a lot of more than 300 square metres. This exemption does not apply to the:

. Construction of a dwelling if there is at least one dwelling existing on the lot.

. Extension of a dwelling if there are two or more dwellings on the lot.

. Construction or extension of a dwelling if it is on common property.

. Construction or extension of a front fence if the fence is associated with two or more dwellings on a lot or a residential building, and the fence exceeds the maximum height specified in a Schedule to a Residential Zone.

. Development of a Caretaker’s house or a Bed and Breakfast

. Construct or carry out works normal to a dwelling.

. Construct one dependant person’s unit on a lot.

Dwellings on a lot less than 300 square metres

A permit is required to: . Construct or extend one dwelling; or . Construct or extend a front fence associated with one dwelling. A development must meet the requirements of Clause 54 if on a lot of less than 300 square metres. A permit is required to: . Construct a dwelling if there is at least one dwelling existing on the lot. . Construct two or more dwellings on a lot. . Extend a dwelling if there are two or more dwellings on the lot. . Construct or extend a dwelling if it is on common property. . Construct or extend a residential building . . Construct or extend a front fence if: . The fence is associated with two or more dwellings on a lot or a residential building and / or . The fence exceeds the maximum height specified in the schedule to a Residential Zone. A development must meet the requirements of Clause 55. This does not apply to a development of four or more storeys, excluding a basement.

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4.4 Design and Development

Building Height A permit cannot be granted for Buildings or Works which exceed the Maximum Building Height as specified in the precinct requirements of Clause 5 of this schedule. For the purposes of this Schedule, the Maximum Building Height does not apply to service equipment, including plant rooms, lift overruns, solar collectors, and other such equipment provided that the following criteria are met: . No more than 50% of the roof area is occupied by the equipment. . The equipment is located in a position on the roof so as to minimise additional overshadowing of neighbouring properties and public spaces. . The equipment does not extend higher than 3.6 metres above the Maximum Building Height as specified in the precinct provisions at Clause 5 of this Schedule. . The equipment is designed and screened to the satisfaction of the responsible authority. The above is not permissible in sub Precincts 1e, 1f and 1g. A permit may be granted to replace a building or works existing on the approval date but which does not meet the height requirements of this schedule. The replacement building may be higher than the requirements of this schedule only if the responsible authority is satisfied an increased height improves the amenity of the area.

Building Setbacks Development must not be setback less than the identified Building Setbacks specified in the precinct requirements of Clause 5 of this Schedule. Minor buildings and works such as verandas, architectural features, sunshades, screens, artworks and street furniture may be constructed within the setback areas specified in the precinct provisions at Clause 5 of this Schedule.

Roof Terraces

A roof terrace should: . Be designed and constructed of materials that integrate with the architectural style and form of the building. . Be set back at least 2 metres from the roof edge immediately below on all sides to minimise the visual impact on the street, coastal environs and adjoining properties. . Be designed to limit views into secluded private open space and habitable room windows of adjacent dwellings. . Not include any structures or elements that exceed a height of 1.7 metres, apart from an access structure. . Be accessed by a structure that is designed and located to have minimal impact on the street and adjoining properties, does not enclose any useable floor space and does not exceed 2.4 metres in height (measured from floor level at the point of access onto the roof deck).

For the purposes of this schedule a ‘roof terrace’ means an area designed and used as communal and private open space that is located above the upper storey of a building.

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5.0 Precinct provisions --/--/20-- C124 5 .1 Precinct 1 –Retail Core

5--.1/--/20-1-- Precinct Map C124

--/--/20-- C124

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5.1-2 Precinct Objectives

--/--/20-- C124 . To encourage an active street environment through commercial and retail activities, on-street dining and the display of goods and services.

. To provide mixed use, commercial and residential opportunities within the precinct with street level active retail premises and non active office and residential uses located within the upper floors of the development.

. To create strong links with the heritage elements of the Precinct.

. To ensure building responses to adjoining and existing heritage buildings enhance and protect heritage buildings including associated view lines to and from heritage buildings.

. To create well designed, attractive streetscapes on main thoroughfares with improvements to paving and landscaping.

5.1-3 Precinct requirements

--/--/20-- C124

SUB MAXIMUM BUILDING SETBACK PRECINCT BUILDING HEIGHT rd 1A. 4 storeys (14 . Any 3 and 4th storey must be setback a minimum of metres) 5 metres from the frontage and laneway edge . Any 4th storey is to be setback 14 metres from the boundary to land directly abutting or adjacent to a residential zone . Balconies may encroach within the 3rd and 4th storey setback but must be setback 2.8 metres from the front of the site and be of a visually transparent nature. th 1B. 4 storeys . Any 4 storey must be setback a minimum of 5 metres from the frontage to provide a robust street (14 metres) wall of 3 storeys reinforcing the north axis of Como Parade . Any 4th storey is to be setback 14 metres from the boundary to land directly abutting or adjacent to a residential zone . Buildings must be setback 3 metres from the title boundary of directly abutting or adjacent to a residential zone. th . Balconies may encroach within the 4 storey setback but must be setback 2.8 metres from the front of the site and be of an open appearance.

1C. 4 storeys (14 . Any 3rd and 4th storey must be setback a minimum of metres) 5 metres from all frontages of the building rd . Any 3 and 4th storey must be setback a minimum of 3 metres from a rear building edge abutting a laneway/ pedestrian thoroughfare. 1D. 2 Storeys (8.5 Not specified metres)

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SUB MAXIMUM BUILDING SETBACK PRECINCT BUILDING HEIGHT 1E. 6 metres Not specified

1F. 7.6 metres (No Not specified additional height permitted)

1G. 7 metres (No Not specified additional height permitted)

5.1-4 Precinct guidelines

--/--/20-- . Development should recognise the heritage elements within the precinct. C124 . Maintain a consistent two storey commercial street frontage and the existing fine grain shopfronts.

. Development should maximise built form opportunities afforded through possible site consolidation to activate rear laneways.

. Buildings should be innovative and contemporary and respond to the heritage character of the precinct.

. Any upper level additions to existing buildings should appear lightweight and must be setback in accordance with the precinct requirements.

. Any additions or new development in the vicinity of a heritage building shall be recessive to the significant architectural components of the building.

. Create improved and active pedestrian scaled thoroughfares along Old Bakery Lane and Granary Lane by encouraging any new development to address these laneways.

. Maintain low scale setting along the railway line and the existing heritage building at 48 Como Parade West.

. Pedestrian linkages should be created along Old Bakery Lane and Granary Lane with active laneway frontages and opportunities for outdoor dining.

. Any new development should be sympathetic to the residential amenity of the neighbourhood north of Balcombe Road.

. Any new use and development should be of the scale and design that does not obscure views to heritage buildings in Precincts 1, 2 and 6.

. Any new development should be sympathetic to the scale of adjoining established residential neighbourhoods.

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5.2 Precinct 2 – Contemporary Redevelopment

5.2-1 Precinct Map --/--/20-- C124 --/--/20-- C124

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5.2-2 Precinct Objectives

--/--/20-- C124 . To encourage a greater mix of uses including commercial services on lower levels, residential opportunities and associated activities in upper levels.

. To encourage new, contemporary building form and an enhanced landscaped pedestrian environment within the precinct.

. To maximise opportunities for on-site renewable energy generation, alternative energy and sharing of energy resources, as well as water capture and re-use.

. To ensure building responses adjoining heritage buildings protect view lines to and from heritage buildings.

. To create gateway buildings at key intersections with Balcombe Road in the precinct.

. To create attractive streetscapes and laneways, with strong pedestrian linkages from laneways to main thoroughfares.

. To create an area of public open space north of Balcombe Road as a passive park to help cater for the future development in and around the Centre.

5.2-3 Precinct requirements

--/--/20-- Sub Precinct Maximum Building Setback C124 Building

Height 2A 4 storeys (14 . Maximum two storey 8.5 metre street wall to all metres) commercial street frontages. For development in the two areas north-east of the railway line, adjoining Balcombe Road and Swanston Street a three storey (11 metre) podium is encouraged. . Any 3rd storey must be setback in accordance with ResCode with any 4th storey is to be setback 14 metres where sites directly abut or are adjacent to a residential zone.

2B 3 storeys (11 . Any 3rd storey must be setback 12 metres from the metres) Florence Street frontage. . Balconies may encroach within the 3rd storey setback but must be setback 9 metres from the Florence Street frontage.

2C 2 storeys – 5 . Maximum 2 storey street wall to Florence Street storeys (8.5 with a 14 metre building depth. meters – 17 rd th th . The 3 , 4 and 5 storeys must be setback 5 metres metres) from the Florence Street frontage. Balconies may encroach within the 3rd – 5th storey setbacks but must be setback 2.8 metres from the Florence Street frontage

2D 2 storeys – 7 . Maximum three storey street wall to all adjoining storeys (8.5 laneways and the new peripheral road meters – 23 . Any 4thstorey and above to be setback 5 metres metres) from adjoining laneway and peripheral road frontages. No balconies facing the Florence Street façade are permitted.

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5.2-4 Precinct guidelines

--/--/20-- . New development should provide active frontages to the Granary and Old Bakery C124 laneways. . Establish improved pedestrian and bicycle linkages between Granary and Old Bakery laneways, Mentone Parade and Florence Street.

. Development should respond to the interface with heritage places by ensuring a transitioning in height and adequate setbacks.

. Development outcomes should be maximised through site consolidation.

. Development on public car parking areas must provide the equivalent replacement car spaces, as well as provide an appropriate amount of car parking to cater for planned development.

. Development should physically address the street through permeable architectural detail and points of entry.

. Any new development should be of a scale and design that does not obscure views to heritage buildings in Precincts 1, 2 and 6.

. Buildings should be innovative and contemporary and respond to heritage elements in or on the edge of the precinct.

. Development fronting commercial streets is to be limited to a 2 storey street wall with upper levels setback to reduce the bulk of the building. For the two areas north-east of the railway line, adjoining Balcombe Road and Swanston Street development should present to Swanston Street and Balcombe Roads, as a 3 storey building with the 4th storey setback from the frontage.

. Development shall address laneways by encouraging setbacks to reduce the sense of enclosure and enables an improved and active pedestrian scaled thoroughfare.

. Buildings should be contemporary in architectural form and include elements such as building articulation above the podium, use light weight materials, including communal green roof areas and incorporate usable and well orientated balcony spaces.

. Development fronting commercial streets shall address the fine grain pattern of commercial street frontages to Florence Street through the use of vertical articulation to reduce building bulk.

. New development fronting commercial streets is encouraged to incorporate shop canopies to maintain a consistent commercial street frontage.

. Buildings should be designed to provide for splayed corners at ground level directly adjoining existing or proposed laneways, streets or roads to enable improved vehicular and pedestrian access.

. Development on the north east corner of Balcombe Road and Swanston Street should be created with active street frontages and be designed to have passive surveillance of adjoining proposed public open space.

. Any new development should be sympathetic to the scale of adjoining established residential neighbourhoods.

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5.3 Precinct 3 – Increased Residential Density --/--/20-- C124 5.3-1 Precinct Map

--/--/20-- C124

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5.3-2 Precinct Objectives

--/--/20-- C124 . To encourage new development to be designed with quality landscaped interfaces to the established residential nature of surrounding precincts.

. To maximise opportunities for on-site renewable energy generation, alternative energy and sharing of energy resources, as well as water capture and re-use.

. To maximise energy efficiency opportunities on site through good design.

5.3-3 Precinct requirements

--/--/20-- C124

Precinct Maximum Building Setback Building Height

3. 3 storeys Not specified (11 metres)

5.3-4 Precinct guidelines

--/--/20-- . Any new development should be sympathetic to the scale of the surrounding C124 residential neighbourhood. . Buildings should be innovative and contemporary in architecture. . Any new development should maximise sun penetration to habitable rooms. . Create a pedestrian friendly interface with surrounding residential neighbourhoods through planting of native and indigenous vegetation. . Development should step down in height to adjoining existing residential areas.

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5.4 Precinct 4 – Existing Residential Areas --/--/20-- C124 5.4 -1 Precinct Map

--/--/20-- C124

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5.4-2 Precinct Objectives

--/--/20-- C124 . To encourage residential development which provides for a high quality of design and a transition in scale from the Retail Core to the residential areas beyond the Activity Centre boundary.

. To develop the precinct as a focus for new medium density development at a lower scale than is proposed for precincts located in the centre of the Activity Centre.

5.4-3 Precinct requirements

--/--/20-- C124 Precinct Maximum Building Height Building Setback

4. 2-3 storeys (9 metres) Not specified

5.4-4 Precinct guidelines --/--/20-- C124

. Provide for a high quality designed residential environment which reinforces the proximity and connectivity to the Activity Centre.

. Development should consist of new medium density housing comprising a variety of housing types and layouts which responds to the evolving urban character of this precinct.

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5.5 Precinct 5 – Railway Precinct -- /--/20-- C124

5.5-1 Precinct Map

-- /--/20-- C124

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5.5-2 Precinct Objectives --/--/20-- C124 . To create a gateway building at the eastern end of the precinct.

. To encourage, contemporary development with active frontages to Balcombe Road with quality landscaped settings that respond to the residential focus of the eastern edge of the precinct.

. To explore opportunities to develop a new contemporary multi level development for commuter car parking fronting Balcombe Road with careful attention to the materials used to clad the car park in its high profile location.

. To discourage land use activities that would present a negative amenity impact to residents to the east of the precinct

. To encourage building heights to step back from the historic railway station to maximise views to the historic elements in the activity centre including the station and former Coffee Palace tower.

. To improve pedestrian safety through redevelopment of the railway station car park that increases passive surveillance of pedestrian throroughfares and activates the environment.

. To strengthen pedestrian and bicycle linkages between the precinct and Mentone Parade.

. To ensure development provides a transition in building scale from the low rise residential properties adjacent to the precinct.

5.5-3 Precinct requirements

--/--/20-- C124

Precinct Maximum Building Setback Building Height

5 4 Storeys (14 Metres) . Setbacks must be in accordance with ResCode th with any 4 storey setback 14 metres from from the boundary to land directly abutting or adjacent to a residential zone

5.5-4 Precinct guidelines --/--/20-- C124 . Ensure that opportunities are sought to provide more commuter parking as well as cater

for the parking needs of the future development.

. Establish stronger and enhanced pedestrian connections between Balcombe Road and the Mentone Railway Station.

. Provide for a high quality designed residential environment with an active ground floor frontage to Balcombe Road which reinforces the entrance to the Activity Centre.

. Development should maximise opportunities afforded of increased building heights through land consoldation.

. An active frontage must be presented to the Balcome Road façade.

. Development should recognise the sensitive heritage interface of the adjoining railway station building and retain the important view line from Swanston Street to the former Coffee Palace tower.

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5.6 Precinct 6 – Former Coffee Palace

--/--/20-- C1245.6-1 Precinct Map

--/--/20-- C124

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5.6-2 Precinct Objectives

--/--/20-- . To encourage sensitive development within quality landscaped settings that respond to C124 the heritage and educational focus of the precinct.

. To encourage uses to the south of the precinct that strengthen the educational focus of the precinct.

. To retain and enhance the historic elements within the precinct.

. To encourage enhanced pedestrian and bicycle links from this precinct to the public transport intersection and Precincts 1 and 2.

. To maintain and improve the positive engagement of this precinct with the main intersection of Florence Street, Mentone Parade and Como Parade East.

5.6-3 Precinct requirements

--/--/20-- C124

SUB MAXIMUM BUILDING SETBACK PRECINCT BUILDING HEIGHT

6A. 3 storeys (11 metres) . Any 3 storey development to areas of the precinct away from the original historic building must be setback 1.2 metres from the Mentone Parade title boundary and 3 metres at the Como Parade West title boundary. . Buildings must be setback a minimum of 3 metres from the title boundary from the boundary to land directly abutting or adjacent to a residential zone rd . Any 3 storey must be setback a minimum of 7 metres from the boundary to land directly abutting or adjacent to a residential zone . Buildings must be setback a minimum 5 metres from the Commercial Road frontage. 6B. 11 metres (No Not specified additional height permitted)

5.6-4 Precinct guidelines

--/--/20-- C124 . Development should respond to the heritage elements within this and neighbouring precincts. . Built form should achieve a general stepping down of the building in a southerly direction across the precinct. . Connect with the improved pedestrian space proposed for the Florence Street, Mentone Parade and Como Parade East intersection at the northern end of the precinct. . Strengthen links between this precinct and existing retail areas and the public transport interchange. . Create a pedestrian friendly interface with precincts 1 and 4 and adjoining public areas.

ACTIVITY CENTRE ZONE - SCHEDULE 2 PAGE 22 OF 28 108 KINGSTON PLANNING SCHEME

. New additions and developments should demonstrate contemporary architecture which respects the heritage context of the precinct. . New upper storey additions should be recessive at the residential interface. . New street facing facades should respect the existing robust 2 storey facades of the existing buildings by setting back 3rd storeys from the street facade.

ACTIVITY CENTRE ZONE - SCHEDULE 2 PAGE 23 OF 28 109 KINGSTON PLANNING SCHEME

5.7 Precinct 7 – Community Activity Precinct

--5.7-1/--/20-- Precinct Map C124 --/--/20-- C124

ACTIVITY CENTRE ZONE - SCHEDULE 2 PAGE 24 OF 28 110 KINGSTON PLANNING SCHEME

5.7-2 Precinct Objectives

--/--/20-- . To ensure development is responsive to its sensitive residential interfaces. C124 . To encourage connections that link this precinct with the northern end of the Activity Centre.

. To encourage community and recreational based uses which provide improved utilisation of community buildings and provides a hub for community and recreational events. . To create a major recreation open space area comprising outdoor recreation space for the co-location of sporting clubs.

5.7-3 Precinct requirements

--/--/20-- C124

PRECINCT MAXIMUM BUILDING SETBACK BUILDING HEIGHT

7. 2 storeys (8.5 metres) Not Specified

5.7-4 Precinct guidelines

--/--/20-- C124 . Public spaces should reflect the precinct’s functions.

. Establish strong pedestrian linkages from the precinct to all other precincts. . Buildings should be contemporary in architectural form and include use of light weight materials. . Buildings should only be erected where they are integral to the functioning of a sport, community, civic or recreational facility. . Any new development should be sympathetic to the scale of the surrounding residential neighbourhood. . Development should recognise the heritage elements and be appropriately setback from heritage feature within the precinct. . Support the redevelopment of Remo Street for non vehicular, community and recreational uses.

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6.0 Application requirements

--/--/20-- Use C124 --/ --/20-- In addition to the application requirements set out at Clause 37.08-7, an application to use C124 land must be accompanied by the following information, as appropriate:

• A Traffic and Transport plan which provides: . Details on existing traffic conditions including available on street parking allocation. . Anticipated traffic generation and distribution as a consequence of the proposal. . How any implications associated with the traffic generated or additional requirements for parking will be appropriately mitigated.

Buildings and Works

--/--/20-- In addition to the application requirements set out at Clause 37.08-7, an application to C124 construct a building or construct or carry out works must be accompanied by the following information, as appropriate:

• A Traffic and Transport plan which provides:

. Where appropriate how pedestrians and cyclists are accommodated in relation to access to the development and facilities on its periphery.

. Means by which the construction of the development will be managed to reduce implications on existing road network.

• An assessment by a qualified design or planning professional which provides:

. Details the impact to the heritage place should development be proposed to a heritage place.

. The implications of new development adjoining a heritage place, and the impact to its heritage significance.

. Where appropriate how the proposed detail, materials and colours will impact on the significance of the heritage place or adjoining heritage place.

. Measures proposed to alleviate detriment to the significance of the heritage place.

. A Sustainability Management Plan (SMP) which:

. Demonstrates the application of Australian best practice rating tools and design principles; use of emerging technology; and a commitment to ‘beyond compliance’ throughout the construction period and subsequent operation of the development.

. Identifies statutory obligations and documented sustainability performance standards from Government and other authorities.

. Specifies key performance indicators, to an agreed level, to measure the achievement of objectives and initiatives identified in the Plan.

. Identifies responsibilities and a schedule for both implementing and monitoring the Plan over time. . The individual components of the SMP should address:

ACTIVITY CENTRE ZONE - SCHEDULE 2 PAGE 26 OF 28 112 KINGSTON PLANNING SCHEME

. Building Energy Management.

. Water Sensitive Urban Design.

. Construction Materials.

. Indoor Environment Quality 

. Waste Management.

. Quality of Public and Private Realm.

. Transport.

. Demolition and Construction.

7.0 Notice and review --/--/20-- C-- Use of Land

Other than in Precincts 2, 3, 4, 5, 6 and 7 an application to use land is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act in accordance with Clause 37.08-8 of the Activity Centre Zone. This exemption does not apply to an application within 30 metres of land (not a road) which is in a Residential Zone or Business 5 Zone, land used for a hospital or an education centre or land in a Public Acquisition Overlay to be acquired for a hospital or an education centre.

Buildings and Works

An application for a building or works within 30 metres of land (not a road) which is in a residential zone or Business 5 Zone, land used for a hospital or an education centre or land in a Public Acquisition Overlay to be acquired for a hospital or an education centre is not exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act in accordance with Clause 37.08-8 of the Activity Centre Zone.

8.0 Decision guidelines --/--/20-- C124 Before deciding on an application, in addition to the decision guidelines in Clause 65, the

responsible authority must consider, as appropriate: Use . The adaptability of the proposal to be transitioned in the future to alternative, though complementary land uses.

. Whether the proposal achieves a mix of uses within the site to support the objectives of the Mentone Activity Centre.

. Whether the proposal achieves active uses and pedestrian generating activities at street level in identified precincts that contribute to a vibrant public realm. Buildings and works . Whether the development provides easy, safe, accessible entry/exits for pedestrians, cyclists, and people with a disability demonstrating how access needs are accommodated. . Whether the development provides vehicular access to buildings fronting key roads off side streets or via rear access. . Whether the proposed development ensures that all site services, roof plant and equipment is sufficiently screened or hidden from view.

ACTIVITY CENTRE ZONE - SCHEDULE 2 PAGE 27 OF 28 113 KINGSTON PLANNING SCHEME

. Whether the development complements the form, scale, materials, colour of a heritage place on the same site or adjoining place. . Whether the development achieves the stepping down in built form to established residential neighbourhoods. . Whether the development integrates car parking requirements into the design of buildings by encouraging the use of under croft or basement car parking and minimises the use of open ground floor car parks. Subdivision . Whether the subdivision supports the objectives promoted by this Schedule and does not result in fragmentation of sites.

Access . Incorporates provisions for pedestrians, cyclists, and people with a disability demonstrating how access needs are accommodated.

. Provides vehicular access to buildings fronting key roads off side streets or via rear access.

9.0 Advertising signs

--/--/20-- C124 Advertising Signage requirements at Clause 52.05 of the Planning Scheme are applicable as follows: • Precinct 1 and 2 is Category 1. • Precinct 3, 4, 5 and 7 are Category 2. • Precinct 6 is Category 3.

10.0 Reference documents

--/--/20-- Mentone Activity Centre Structure Plan, 2011 C124 P.L.A.N. Study, 2008

ACTIVITY CENTRE ZONE - SCHEDULE 2 PAGE 28 OF 28 114

Ordinary Council Meeting

27 May 2013 Agenda Item No: P 73

PROPOSED PLANNING SCHEME AMENDMENT C133 - 1 THE FAIRWAY BONBEACH

Contact Officer: Mandy Baigel

Purpose of Report The purpose of this report is to initiate the Planning Scheme Amendment process and seek authorisation from the Minister of Planning for Planning Scheme Amendment (C133) and combined Planning Permit application (KP12/555). Disclosure of Officer / Contractor Direct or Indirect Interest No Council officer/s and/or Contractor/s who have provided advice in relation to this report have declared a Conflict of Interest regarding the matter under consideration. Recommendation That Council:

Resolve to request authorisation for Amendment C133, and once authorisation is granted exhibit the Amendment and Draft Planning Permit KP12/555.

1. Executive Summary The proposed Planning Scheme Amendment, requested by Peninsula Planning Consultants Pty Ltd on behalf of the Patterson River Country Club, seeks to rezone part of 1 The Fairway, Bonbeach (the subject land – see Appendix 1) from Special Use Zone Schedule 1 to Residential 3 Zone.

The applicant has also applied for a Planning Permit to subdivide the subject land into five (5) lots and common property once the land has been rezoned.

The report recommends that a request be made to the Minister of Planning to authorise the preparation of the Amendment under Section 96A of the Planning and Environment Act 1987 and proceed with exhibition should authorisation be granted.

2. Background The subject land is located on the southwest corner of the Patterson River Country Club, to the east of The Fairway and to the north of La Perouse Boulevard. It comprises an area of 2,747 square meters.

The subject land was formerly used as a bowling green with associated car parking. Aerial photography suggests that the use of the bowling green ceased some time in 2009.

The Patterson River Country Club clubhouse is located immediately north of the subject land and is listed within the Heritage overlay (HO18) in the Kingston Planning Scheme. The bowling green was erroneously included in the maps and the schedule to the overlay rather than the site of the putting green, which was the intention of the overlay. The mapping error was resolved in a subsequent115 Planning Scheme Amendment (C113). However, the error in the schedule (the list) remained and will be corrected in the Planning Scheme Review which is currently being prepared.

It was always the intention of the Heritage Overlay Schedule 18 that the Clubhouse was protected under the heritage overlay provisions of the Planning Scheme and the land used as a putting green was included to provide a context for the clubhouse and echo the original use of the building. All references to the bowling green (both in the maps and the schedule) were made in error and do not reflect the intention of the heritage overlay.

Council’s Heritage Advisor has confirmed that the bowling green “is of more recent origin…. its heritage value is relatively limited, and in many ways the bowling green has little in common with the use of the broader facility, which is related to golfing.

It would seem that the proposed subdivision is built on a portion of the site that has seen considerable change, and therefore can be considered acceptable as it is really another change to this part of the site.

The clubhouse today, as it most probably always did, has a visual relationship to the golf course that extends to its north east. It’s probably that, which is important from a heritage perspective… The heritage overlay should be removed from the bowling green.”

3. Discussion 3.1. Council Plan Alignment Planned Outcome 2- A Sustainable Environment:

• Strategy 2.1.3 – Maintain an effective Kingston Planning Scheme

Preparing this amendment is consistent with the Council Plan as it relates to reviewing the provisions of the Kingston Planning Scheme and identifying new provisions, objectives and policies to provide appropriate guidance for new development within the Planning Scheme.

3.2. Consultation/Internal Review The amendment and planning application have been referred internally to the following departments: Traffic, Engineering Design, Environmental Planning, Roads and Drains, Sport and Recreation, Vegetation Management, and Parks, Recreation and Depot Services. External referrals have included Telstra, South East Water, Melbourne Water, United Energy, Multinet Gas and the Environmental Protection Authority.

Internal comments Internal departments have not raised any concerns about the proposal.

Preliminary External referrals There have been no objections from external referral authorities for the proposed planning Scheme Amendment and subdivision application. Several conditions have been included on the draft Planning Permit at the request of external referral authorities.

Community Consultation If Council resolves to seek Authorisation from the Minister for Planning to commence the Planning Scheme Amendment, consultation in accordance with the requirements of the Planning and Environment Act 1987 would occur. This would involve the Planning Scheme Amendment and Planning Permit Application being placed on public exhibition for a period of at least four (4) weeks with the following consultation to be undertaken:

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• Notices placed in the Government Gazette and local paper. • Notices erected on site. • Direct notification to nearby landowners and occupiers. • Amendment documentation and permit application available at Council’s Cheltenham office and website.

3.3. Operation and Strategic Issues 3.3.1. Strategic Justification The amendment is consistent with Direction 1 ‘A More Compact City’ and Direction 5 ‘A Great Place To Be’ of the Metropolitan Strategy as it promotes appropriate growth within safe walking distance to nearby public transport routes. The site would offer “good access to services and transport” and would “make the environment more liveable and attractive”.

The amendment supports and implements the State Planning Policy Framework in the following respects:

• Increases the supply of residential land within the existing urban area (Clause 11.02);

• Plans for and manages the potential coastal impacts of climate change (Clause 13.01);

• Provides for housing within an existing urban area which benefits from efficient provision of supporting infrastructure, and walkability of shops, community services, public transport, schools and open space (Clauses 16 and 18);

The amendment supports and implements the Local Planning Policy Framework by:

• Increasing the supply of housing land within an existing urban area, whilst respecting neighbourhood character. The proposal is of a scale which will not conflict with the role of the incremental housing growth area. The site has excellent proximity to a variety of open space areas, would provide social and recreational opportunities, and provide a high level of amenity for future residents of the site (Clauses 21.01, 21.05 and 22.11).

3.3.2. Zoning Controls This Amendment proposes to rezone part of 1 The Fairway, Bonbeach from Special Use Zone Schedule 1 to Residential 3 Zone. The applicant has applied for the rezoning in order to facilitate the subdivision of the land for residential purposes. The subdivision of the land for a dwelling on each lot is prohibited in the Special Use Zone 1, but would be permissible once the land is rezoned to Residential 3 Zone.

3.3.3. Overlay Controls 1 The Fairway, Bonbeach is covered by three Overlay controls: Heritage Overlay (HO18), Land Subject to Inundation (LSIO) and Environmental Significance Overlay (ESO3). As discussed above, the HO does not affect the land proposed to be rezoned and subdivided, and Council’s Heritage Advisor does not object to the proposal and agrees that the bowling green should not have been included in the Heritage Overlay for the golf club. The LSIO affects a significant portion of the eastern side of the site but not the subject area. The ESO applies to a significant tree located to the north of the clubhouse, but not the subject land.

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3.3.4. Subdivision Application It is proposed to subdivide the subject land into 5 lots with common property. The lots would range in size from 490sqm to 528sqm. It is proposed that access to lots 2,3,4 and 5 will be from the common driveway and lot 1 will have separate access from The Fairway, north of the shared driveway. The proposed plan of Subdivision, including building envelopes, is included at Appendix 3.

The subdivision application is accompanied by a Clause 56 assessment which was assessed by Statutory Planning and is considered to meet the objectives of this Clause. A covenant will be included on all new lots and will place design requirements for all future development. The Draft Planning Permit with draft conditions required for public exhibition purposes is included at Appendix 4.

3.3.5. Potential Acid Sulphate Soils An Acid Sulphate Soils Assessment has been carried out by Tonkin and Taylor Pty Ltd – Environmental and Engineering Consultants. Their testing indicated that Potential Acid Sulphate Soils are located on the site. These soils are located particularly towards the southern site boundary at depths between approximately 0.45 to 0.9 metres, and again at a depth at 1.9 metres. Given the low scale of development proposed, this material is “considered a moderate risk to disturb”. To ensure that Acid Sulphate Soils are treated on site or removed from the site in an appropriate manner, an Acid Sulphate Soil Management Plan has been prepared (Appendix 5).

A condition has been included on the Draft Planning Permit to ensure that works are undertaken in accordance with Victorian Best Practice Guidelines for Assessing and Managing Coastal Acid Sulphate Soils and the Acid Sulphate Soils Management Plan.

3.3.6. Aboriginal Cultural Heritage The application includes a Statement of Evidence from Andrew Long and Associates Archaeological and Cultural Heritage Advisors. They submit that the proposed development site has been subject to significant ground disturbance during the construction and removal of the bowling green, as defined in the Aboriginal Heritage Regulations 2007. As such, the Regulations do not require a mandatory Cultural Heritage Management Plan be developed for this proposal. Their submission includes a suggested procedure to follow in the event that any Aboriginal Cultural Heritage is found during works.

3.4. Options 3.4.1 Option 1 Request the Minister for Planning to authorise the preparation of Amendment C133 to the Kingston Planning Scheme, and once authorised, commence public exhibition of the Amendment. Section 96A of the Planning and Environment Act 1987 states that Council may agree to consider the application for the permit concurrently with the proposed amendment. Should authorisation be granted, Planning Permit KP12/555 would also go out on public exhibition.

Officers recommend this option as it has strategic merit and the background reports provide evidence to support the proposal is sufficient to proceed to public exhibition and to be tested.

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3.4.2 Option 2 Abandon the request to commence the Amendment process for Amendment C133 to the Kingston Planning Scheme.

Council has the option of not pursuing an Amendment and Planning Permit application to the Kingston Planning Scheme. In this instance the proposal has merit and this option is not recommended.

Officers recommend Option 1 (request the Minister to authorize the preparation of the Amendment and proceed to exhibit the combined Amendment and Planning Permit application following authorisation).

4. Conclusion 4.1. Environmental Implications Two environmental reports have been prepared in relation to the subject site. These include an Acid Sulphate Soil Assessment Report and Management Plan, an Aboriginal Cultural Heritage Assessment and Suggested Procedure Report. These assessments and associated reports identify the site as suitable for residential development.

The proposed subdivision would abut an established residential area and is well serviced by existing infrastructure.

4.2. Social Implications The proposed rezoning would lead to the development of new housing on the site. There continues to be strong demand for additional housing based on the continual expansion of the population of Melbourne. The proximity of the site to nearby open space areas including Patterson River and the foreshore would provide a high level of amenity for future residents of the site.

4.3. Resource Implications The costs involved with preparing the amendment documents will be borne by the applicant.

4.4. Legal / Risk Implications There are no known legal risks.

5. Appendices 5.1. Appendix 1 - Site plan 5.2. Appendix 2 - Current and Proposed Zoning Maps 5.3. Appendix 3 - Proposed Plan of Subdivision 5.4. Appendix 4 - Draft Planning Permit for exhibition purposes 5.5. Appendix 5 - Acid Sulphate Soil Management Plan

Author/s: Mandy Baigel, Strategic Planning Reviewed and Approved By: Rachel Hornsby, General Manager Environmental Sustainability

119 Appendix 1 - Site plan Amendment C133 - 1 The Fairway, Bonbeach W o a l ct d W C Y S o a anj t y B Alex A l St le oy y Tr n S e c o A F d t R v c o wn h w ro C P l e d r e S t

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ed nam Av Un es Current Zoning

C r am t p S to n S C q o SUZ1 a s t J o B s a e n f k L s a i a n

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C r t C nk Du Bvd rouse s CDZ1 a Pe dn LF G olme e enh r lst v r o A i W PUZ1 t e R3Z o r c l C G as lbi M A

ed nam Av Un es Proposed Zoning

C r am t p S to n S C q o SUZ1 a s t J o B s a e n f k L s a i a n

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C r t C nk Du Bvd rouse s CDZ1 a Pe Gdn LF olme e enh r lst v r o A i W PUZ1 t e R3Z o r c l C G as lbi M A

Subject site 121 122 123 124

RECOMMENDATION:

THAT:

a Planning Permit be issued to subdivide the land into five (5) lots and common property, subject to the following conditions:

1. Before the endorsement of plans and the certification of the Plan of Subdivision, two (2) copies of an amended plan drawn to scale and dimensioned must be submitted to the Responsible Authority for approval. When approved the plan will be endorsed, and then form part of this permit. The plan must be drawn to scale and must be in accordance with the plan submitted with the application dated 28 May 2012, but modified to show:

(a) All bearings, distances, levels, street names, lot numbers, lot sizes, reserves and easements.

2. The subdivision as shown on the endorsed plans must not be altered without the prior written consent of the Responsible Authority.

3. Prior to the issue of a Statement of Compliance, the applicant or owner must pay to the Responsible Authority an amount equivalent to five per cent (5%) of the site value of all land in the subdivision. If the payment is not made within 12 months of the date of this permit, Council will request a revaluation of the site value at each anniversary, and will vary the amount of the payment accordingly.

4. The owner of the land must enter into an agreement with:

a) a telecommunications network or service provider for the provision of telecommunication services to each lot shown on the endorsed plan in accordance with the provider’s requirements and relevant legislation at the time; and

b) a suitably qualified person for the provision of fibre ready telecommunication facilities to each lot shown on the endorsed plan in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre.

5. Before the issue of a Statement of Compliance for any stage of the subdivision under the Subdivision Act 1988, the owner of the land must provide written confirmation from:

a) a telecommunications network or service provider that all lots are connected to or are ready for connection to telecommunications services in accordance with the provider’s requirements and relevant legislation at the time; and

b) a suitably qualified person that fibre ready telecommunication facilities have been provided in accordance with any industry

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specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre.

6. Prior to certification, engineering plans and specifications for the provision of drainage of each lot to a nominated point of discharge, must be submitted to and approved by the Responsible Authority.

7. Stormwater works must be provided on the site so as to prevent overflows onto adjacent properties, to the satisfaction of the Responsible Authority.

8. All subdivision works must be carried out in accordance with the Victorian Best Practice Guidelines for Assessing and Managing Coastal Acid Sulfate Soils (BPMG), and the Acid Sulfate Soil Management Plan (Tonkin & Taylor, March 2013), to the satisfaction of the Responsible Authority.

9. Any relocation of pits/power poles or other services must be relocated to the satisfaction of the relevant servicing authority and the Responsible Authority, entirely at the cost of the owner/developer.

10. The owner of the land must enter into agreements with the relevant authorities for the provision of water supply, drainage, sewerage facilities, electricity and gas services to each lot shown on the endorsed plan in accordance with that authority’s requirements and relevant legislation at the time.

11. All existing and proposed easements and sites for existing or required utility services and roads on the land must be set aside in the plan of subdivision submitted for Certification in favour of the relevant authority for which the easement or site is to be created.

12. The plan of subdivision submitted for certification under the Subdivision Act 1988 must be referred to the relevant authority in accordance with Section 8 of the Act.

13. Condition required by United Energy

a) The applicant must enter into an agreement with UE for asset relocation, common metering and for an underground supply of electricity to each lot shown on the endorsed plans.

14. Conditions required by South East Water

a) Potable Water The owner of the subject land must enter into an agreement with South East Water for the provision of potable water supply and fulfil all requirements to its satisfaction.

b) Sewer

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The owner of the subject land must enter into an agreement with South East Water for the provision of sewerage and fulfil all requirements to its satisfaction.

The Plan of Subdivision must be accompanied by an Owners Corporation Schedule. All lots shown on the Plan of Subdivision must be included in the Owners Corporation Schedule.

The owner of the subject land can enter into an agreement with South East Water for the provision of separate services to each individual lot.

15. Conditions required by Melbourne Water:

a) Prior to the issue of a Certificate of Occupancy Statement of Compliance, the Owner shall enter into and comply with an agreement with Melbourne Water Corporation for the acceptance of surface and storm water from the subject land directly or indirectly into Melbourne Water’s drainage systems and waterways, the provision of drainage works and other matters in accordance with the statutory powers of Melbourne Water Corporation.

b) No polluted and/or sediment laden runoff is to be discharged directly or indirectly into Melbourne Water’s drains or watercourses.

c) Engineering plans of the subdivision (in electronic format) are to be forwarded to Melbourne Water for comment/approval. A Certified Plan may be required following our comments on the engineering drawings.

d) At least 21 days prior to commencement of works, a Site Management Plan detailing pollution and sediment control measures, must be submitted to Melbourne Water.

e) All new lots are to be filled to a minimum of 600mm above the 1 in 100 year flood level associated with an existing or proposed Melbourne Water asset.

f) A certified survey plan, showing levels reduced to the Australian Height Datum, must be submitted to Melbourne Water to demonstrate that Melbourne Water’s conditions have been satisfied.

g) Stormwater runoff from the subdivision must achieve State Environment Protection Policy (Waters of Victoria) objectives for environmental management of stormwater as set out in ‘Urban Stormwater Best Practice Environmental Management Guidelines (CSIRO) 1999’.

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h) Prior to the issuing of a Statement of Compliance for the subdivision documentation supporting the approved ongoing maintenance of the treatment measures by the relevant authority (Kingston City Council) must be submitted.

16. Conditions required by Multinet Gas

a) The plan of subdivision submitted for certification must be referred to Multinet Gas in accordance with Section of the Subdivision Act 1988.

17. Reticulated water, sewerage and electricity must be available to each lot shown on the endorsed plans before any lot can be used or occupied.

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

19. In accordance with section 68 of the Planning and Environment Act 1987, this permit will expire if one of the following circumstances applies:

• The subdivision is not started within two (2) years from the date of this permit. • The subdivision is not completed within five (5) years of the date of certification.

In accordance with section 69 of the Planning and Environment Act 1987, the responsible authority may extend the periods referred to if a request is made in writing before the permit expires, or within three months afterwards.

Note: Each building or part of a building resulting from this subdivision must comply with Regulation 503 of the Building Regulations 2006.

Note: The starting of the subdivision is defined as the certification of the plan.

Note: If further information is required in relation to Melbourne Water’s permit conditions shown above, please contact Melbourne Water on telephone 9679 7517, quoting Melbourne Water’s reference 213542.

128 129 130 131 132 133 134 135 136 137 138 139 140 Ordinary Council Meeting

27 May 2013 Agenda Item No: P 74

ROAD MANAGEMENT PLAN REVIEW

Contact Officer: Brian Trower

Purpose of Report The purpose of this report is to present for Council endorsement the updated Kingston Road Management Plan after completion of the statutory review process. Disclosure of Officer / Contractor Direct or Indirect Interest No Council officer/s and/or Contractor/s who have provided advice in relation to this report have declared a Conflict of Interest regarding the matter under consideration. Recommendation Officers recommend that Council:

1. Adopt the updated version of the Kingston Road Management Plan (Version 3.0); 2. Approve the gazettal of version 3.0 of the Road Management Plan; and 3. Approve the public display of the revised plan in accordance with the Road Management Act 2004.

1. Executive Summary

The Road Management Act 2004 gives Coordinating Road Authorities the ability to develop and exhibit a Road Management Plan to demonstrate to users of municipal roads and paths the standards of inspection, maintenance and repair that apply.

Supporting the Act is a set of guidelines for the development of a Road Management Plan which emphasize the balance that needs to be struck between community expectations, equivalent standards in like municipalities and available resources such as capital and operational funding.

The revised Road Management Plan conforms to the guidelines and is consistent with the principles of matching sound asset management plans to the long-term financial plan.

2. Background

Kingston City Council, as a Coordinating Road Authority under the Road Management Act 2004 (RMA) and is responsible for the management, maintenance and development of the Municipal Road network in our district.

In accordance with the Act, Council prepared a Road Management Plan (Plan) in December 2004, and subsequently reviewed the Plan in 2009. As from this council, the review of the Plan is tied to the Council planning cycle and the 2013 review has been conducted in parallel with the current Council Plan process.

The purpose of the road management plan is:

141 • to establish a management system for Council’s road management functions that is based on policy and operational objectives and available resources; and • to set the relevant standard in relation to the discharge of duties in the performance of those road management functions.

In order to minimise the risk to Council in managing and maintaining its road assets, the Plan seeks to balance the expectations of road users and the community against the finite resources available to Council in establishing a reasonable system for managing our roads, including the setting of reasonable inspection and maintenance schedules and target times for repairing defects or deteriorations that are found or reported.

The roads to which the plan applies is covered in Council’s “Register of Public Roads” which is also a statutory document prepared under the Act

The Plan applies to footpaths, shared paths, kerb & channel and road pavement of Council’s local roads including service roads and also footpaths of arterial roads. The kerb & channel and pavement of arterial roads are the responsibility of Vic Roads. At some boundaries we share responsibility with neighbouring municipalities.

This review assessed Council’s experience over the past four years in meeting the standards of the reviewed Plan adopted in 2009. Whilst the levels of service established in the previous Plan represented the minimum standards required to be provided, commonly a higher level of service was actually delivered. This did not necessarily mean higher costs but better response times.

Since the Plan was last updated in 2009, Infrastructure has transferred all road related customer requests to the Pathway CRM system which provides comprehensive management of all defects and hazards reported by the community. During 2013 the Asset Management Solution (AMS) system will be finalised for all road infrastructure and asset management practices will be able to move to a higher capability.

Road, footpath and shared pathway management is regularly audited by MAV Insurance with no substantive issues identified. A number of recommendations made during these audits relating to best practice have been included in this version of the Plan. Council’s Internal Auditor also made a comprehensive review of Council’s performance against the Plan in 2012 and several recommendations have also been incorporated in the revised Plan.

3. Discussion 3.1. Council Plan Alignment Planned Outcome 1 – Infrastructure for a Safe and Active Community Strategy 1.1 – Sustainable assets that balance investment and community expectations to provide a high level of community benefit today and into the future..

The periodic review process of council’s Road Management Plan allows for continual improvement to our processes and targets to achieve the right balance between the level of investment in infrastructure and meeting community expectations.

3.2. Consultation/Internal Review The review of the road management plan is required by the Road Management (General) Regulations 2005.

In conducting the review Council must give Notice to the public stating:

• the purpose of review; • a description of roads and classes; • that the current RMP can be inspected;

142 • that a person may make submission on the current RMP.

Notices inviting comments from the public were published in all Local Paper, the Kingston City Council website including the provision of a feedback site on Have your say and in KYC. The public comment period expired on the 4th April 2013 and a small number of comments were received.

Once adopted, Council is required to make the Road Management Plan available to view by the public free of charge on demand. Members of the public may also request copies.

3.3. Updates to the Road Management Plan As all municipalities are now required to update their Road Management Plans at the same time, there exists a logistical issue in comparing standards used at like municipalities. Nevertheless, comparisons were made of the standards of a number of similar sized councils and some adjustments have been incorporated in inspection frequency and intervention levels.

The primary internal focus of this review and amended Road Management Plan is to ensure that we are making best use of our financial resources. The review considered whether the standards in relation to, and the priorities to be given to, the inspection, maintenance and repair of the roads and classes of road to which the plan applies are still appropriate.

The initial 2004 Road Management Plan was prepared prior to the release of Code of Practice concerning what should be included in road management plans. At the time Council included additional information to that required by the Code of Practice. The additional information was of a more strategic nature, whereas the Road Management Plan is more operationally focused to ensure the routine maintenance of the road network is undertaken to protect safety and serviceability.

The Plan was reformatted in 2009 in accordance with the Code of Practice for Road Management Plans. Appropriate information from the current Plan that is to be included has been updated. This covers legislation requirements, Codes of Practice, Council asset management systems and maintenance procedures.

This review has included a full review of the classes of roads (road hierarchy), the frequencies in which inspections are carried out, intervention standards and response times in making defects safe and in repairing defects.

The review assessed Council’s experience over the past four years in meeting the standards adopted in the 2009 Plan. Whist the levels of service represent the minimum standards required to be provided, commonly a higher level of service is actually able to be delivered.

The recommendations from the Internal Audit Committee and the MAV Insurance Audit were considered and incorporated. These items include: • An annual internal audit process to validate compliance with the Plan; • A revised hierarchy for paths and shared paths; • Explicit reference and linkage between Risk Assessment, inspection frequencies and intervention levels have been included; • Removal of references to redundant management systems in the body of the plan; and • Changes to procedures for incorporating and exhibiting minor updates to the Plan and Road Register.

Road Hierarchy: The hierarchy for roads and footpaths that was adopted by Council in the previous Plan is still considered relevant however additional paths will be included in the Road Register.

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Inspections Frequencies: The programmed maintenance inspection of residential streets will continue to be inspected annually Programmed maintenance inspections of footpaths in residential areas are to be carried out on a 3 year cycle instead of the current 2 year cycle as there is now a very robust renewal program in place, which has been running for the last 5 years. This has resulted in drastically reducing the amount of maintenance required each cycle. This change in inspection standards of footpaths will allow inspection resources to be directed to the inspection of footpaths in parks and bike paths.

Intervention Levels and Response Times: As with inspection frequencies, the intervention levels and response times has also served Council well with a reasonable balance between intervention, risk and actual claims.

While no significant amendments are proposed to intervention levels, the review of the levels of risk and associated response times have resulted in some proposed changes to reflect the current practices and experience in managing the road assets over the life of the current Plan. These changes do increase some standards to meet community expectations but are balanced by a different inspection regime.

Defects are initially screened for emergencies or unsafe conditions. In such circumstances an immediate response time of 2 hours during working hours and 4 hours outside normal working hours to repair or make safe. This service level is typically achieved through Council’s own ‘emergency response team’ based at Council’s Mentone Depot. Maintenance defects that have reached the intervention level condition but are still safe (tolerable) are repaired as part of the routine maintenance program.

In some instances the review of the risks has identified response times that have been shown to be unnecessarily long and not reflective of current practices and have therefore been shortened.

The Plan is proposed to be reviewed internally on an annual basis. Council’s public liability insurer undertakes an audit every two years, and it is intended to undertake an independent audit on the alternate year.

Long Term Asset Management: The primary objective of the Road Management Plan is to demonstrate a set of standards and a management process that ensures safe and reliable roads. Our long term asset management goals are to get the best performance and longest life for reasonable financial input. The inspection and intervention standards in the Road Management Plan contribute not only to the current performance of the roads and paths but the long term asset management goals by ensuring we intervene in a timely manner to repair defects and ensure the asset reaches a full life span.

4. Conclusion It is considered that the general standards proposed in the amended Plan, which are unaltered or to a higher standard, are reasonable and have served Council and the community well over the past 4 years. This outcome is particularly noteworthy mindful of Council’s challenge with funding road infrastructure renewal over this period. Council’s claims history is low and the Plan has not been challenged.

The maintenance standards proposed are considered to be within the aims of the long term financial plan and the asset gap reduction strategy.

144 Progress implementation of new asset management processes will allow Council to modify inspection levels for some asset types (footpaths) and concentrate on other types (shared paths) while retaining a low risk profile.

Public notice of the review to the community, in the prescribed form was made, and comments were received.

4.1. Environmental Implications The Road Management Plan does not directly address environmental issues however the Asset Management Solution being implemented to support the Road Management Plan will provide an opportunity to reduce energy and carbon requirements through material selection, for example green asphalt and recycled materials. 4.2. Social Implications The updated Road Management Plan reflects the community expectations for the municipal road network. 4.3. Resource Implications The revised Road Management Plan is consistent with Council’s long term financial plan. 4.4. Legal / Risk Implications The Road Management Plan explicitly addresses risk and liability issues around road users..

5. Appendices

5.1 Appendix 1 – Amended Kingston Road Management Plan version 3.0

Author/s: Brian Trower, Team Leader Roads and Drains Reviewed and Approved By: Rachel Hornsby, General Manager Environmental Sustainability

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Road Management Plan

Revision 3.0 May 2013

Revision and Adoption Schedule

Revision # Adopted by Council Government Gazette TRIM Ref.

No. Issue Date Page

1.0 20 December 2004 S 283 30 December 2004 1 05/2529

2.0 30 June 2009 09/55757

3.0 27 May 2013 13/5418

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Table of Contents EXECUTIVE OVERVIEW ...... 5 1 GENERAL ...... 6 1.1 Legislative Basis of the RMP ...... 6 1.2 Purpose of RMP ...... 6 1.3 Review of RMP ...... 6 1.4 Meaning of Terms ...... 6 1.5 Key stakeholders ...... 7 1.6 Obligation of Users ...... 7 1.7 Availability of RMP ...... 8 1.8 Delegations ...... 8 1.9 Responsibility for RMP Implementation ...... 8 2 ROADS ...... 9 2.1 Register of Public Roads ...... 9 2.2 Road Asset Register ...... 9 2.3 Update of the Road Register ...... 9 2.4 Road Hierarchy ...... 9 2.5 Pathway Hierarchy ...... 10 2.6 Codes of Practice ...... 10 2.7 Boundary Roads ...... 10 2.8 Car Parks ...... 10 2.9 Traffic Signals ...... 10 2.10 Bridges ...... 11 2.11 Street Lighting ...... 11 2.12 Signs ...... 11 2.13 Bus Shelters ...... 11 2.14 Railways ...... 11 2.15 Vehicle Crossings ...... 11 2.16 Nature strips ...... 12 2.17 House Drains ...... 12 3 LEVELS OF SERVICE ...... 13 3.1 Policies / Strategies ...... 13

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3.2 Community Consultation ...... 13 3.2.1 RMP Review ...... 13 3.2.2 Annual Community Satisfaction survey ...... 14 3.2.3 Village Committee Meetings ...... 14 3.3 Risk Assessment ...... 14 3.4 Inspection Types ...... 14 3.5 Standards of Maintenance ...... 14 3.5.1 Make Safe ...... 15 3.5.2 Emergency Works ...... 15 3.5.3 Routine Maintenance / Repairs ...... 15 3.6 Renewal Works ...... 15 3.6.1 Pavement modelling ...... 15 3.6.2 Pavement Condition ...... 15 3.7 Renewal Program ...... 16 3.8 Design Standards ...... 16 3.9 Emergency Response ...... 16 3.10 After Hours Emergency Call-Outs ...... 16 4 FINANCIAL RESOURCES ...... 17 4.1 Budget Provisions ...... 17 4.2 Other Sources ...... 17 4.3 5-10 Year Capital Works Forward Plan ...... 17 5 MANAGEMENT SYSTEM ...... 18 5.1 Service Requests System ...... 18 5.2 Maintenance Management System ...... 18 5.2.1 Future Development ...... 19 5.3 Safety on work Sites ...... 19 5.4 Duty to Inform Service Provider or Works and Infrastructure Manager ...... 19 5.5 Incident Inspections ...... 19 5.6 Records of Inspections and Works...... 20 6 PERFORMANCE MANAGEMENT AND REVIEW ...... 21 6.1 Performance Monitoring ...... 21 6.2 Audit of RMP ...... 21 6.3 RMP Review ...... 21

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7 Supporting Documents ...... 22 7.1 Legislation and Regulations ...... 22 7.2 Council References ...... 22 7.3 Technical References ...... 23 7.4 Council Contracts ...... 23 7.5 Council Registers and Applications ...... 23

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EXECUTIVE OVERVIEW • outlines the processes for managing defects and failure of assets; and Kingston City Council (Council) is a • details the inspection frequencies and Coordinating Road Authority under the Road condition standards adopted by Council. Management Act 2004 (the Act) and is The RMP seeks to balance the expectations of responsible for the management, maintenance road users and the community against the and development of the Municipal Road limited resources available to Council in network within the City of Kingston establishing a reasonable system for managing (Kingston). their roads, including the setting of reasonable The Act allows a road authority to develop and inspection and maintenance schedules and publish a Road Management Plan. This Road target times for repairing defects or Management Plan covers the Public Roads in deteriorations that are found or reported. Kingston managed and maintained by Council. The RMP is supported by the following Asset The purpose of this Road Management Plan is: Management Plans (AMPs): • to establish a management system for • AMP – Transport, Dec 2007; Council’s road management functions that • AMP – Pavements, Dec 2007; is based on policy and operational • AMP – Footpaths, Dec 2007; objectives and available resources; and • AMP – Drainage, Dec 2007 Comment [KVH1]: These have • to set the relevant standard in relation to been detailed as there seemed to be The AMPs provide the details for the full life- some ambiguity with AMPs the discharge of duties in the performance cycle management of Kingston’s transport, of those road management functions drainage, footpath and pavement assets and As at May 2013, the road network in Kingston sets out its goals and objectives, policies and consists of: strategies, levels of service, standards, works • Municipal Roads – 597 km programs, lifecycle programs and information • Footpaths - 1015 km systems relevant to managing these assets. Kingston’s “Register of Public Roads” Any queries or comments in relation to the provides the details of each of the roads and RMP should be addressed to; paths for which Council is responsible and Manager Infrastructure includes for completeness private roads and Municipal Offices, City of Kingston road reserves not yet constructed. 1230 Nepean Hwy The Road Management Plan (RMP): Cheltenham 3194

• supports Council’s principal road

management role of providing a safe and

efficient road network for use by all

members of the public;

• documents the good road asset

management practices established that

focuses on delivering optimal outcomes

having regard to affordability, available resources, and the policies, priorities and strategies of governments and road authorities;

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1 GENERAL adopted by Council and provides details of the management systems that Council has 1.1 Legislative Basis of the RMP implemented to inspect, maintain and repair public roads for which the Council is responsible. This RMP is prepared in accordance with Division 5, Sections 49 -55 of the Road The RMP is supported by AMPs that details Management Act 2004 (referred to hereafter as the practices developed to ensure the level of the ‘Act’) and the Code of Practice for Road service adopted by Council is provided in the Management Plans September 2004. most cost effective manner and within Council’s financial restraints. This RMP reflects the purposes and objectives of Council as specified under Sections 6 and 7 of the Local Government Act, 1989. 1.3 Review of RMP In developing the policy decisions and relevant standards detailed in the plan, Council has had Council is required to conduct a review of its RMP in accordance with the provisions of regard to the fundamental Best Value Section 54 of the Act and Section 302 of the principles specified under Section 208B of the Road Management (General) Regulations Act and Kingston’s approach to Best Value to: 2005. Kingston will review its RMP within the prescribed interval by 30 June 2013 in • offer the best quality and value for money; accordance with the above. The review gives • be responsive to community needs; the community an opportunity to comment on • be accessible to those who need them; the existing RMP and suggest changes. • show continuous improvement; In conducting the review Council must give • be subject to continuous improvement; notice stating: • regularly report to the community. • purpose of review; This RMP is fully integrated with other • description of roads and classes; Council plans and documents listed in Section • current RMP can be inspected; and 7 - Supporting Documents. • person may make submission.

1.2 Purpose of RMP 1.4 Meaning of Terms

In accordance with Section 50 of the Act, the Ancillary Area means an area designated as purposes of the RMP are: ancillary by Council and includes car parks and other like areas detailed in the Register of • to establish a management system for the Public Roads; road management functions of Council Defect means a localised failure in an asset, which is based on policy and operational (for example, potholes in a road surface or a objectives and its available resources; and joint displacement in a concrete pathway); • to specify the relevant standards in relation to the discharge of duties in the Level of Service means the defined service quality for the road against which performance performance of those road management may be measured and relates to quality, functions. quantity, reliability, responsiveness and cost; The RMP therefore includes the register of Public Roads for which Council is responsible, Municipal Road means any road which is not the maintenance standards and practices a State road or Laneway where Council is the responsible road authority and the road is

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151 ROAD MANAGEMENT PLAN 2013 included in the register of public roads as per • Businesses; Section 19 of the Act; • Chambers of Commerce; • Local schools; Pathway means a footpath, bicycle path or • Community environment groups; other area constructed or developed by • Road construction industry; Council, being the responsible road authority, • for use by the members of the public other Land development industry. than a motor vehicle and the road is included in the register of public roads as per Section 19 of the Act; 1.6 Obligation of Users

Intervention Level means the extent of a All road users have a duty of care under defect above which the defect may pose an Section 6 of the Act. unacceptable risk to users of the asset; Section 17A of the Road Safety Act 1986 Response Time is the time to repair or make requires a person who drives a motor vehicle safe defects, identified by inspections on a highway to drive in a safe manner having undertaken by Council officers, or defects regard to all the relevant factors including the: notified by the public. Response time is measured from the time the defect is identified • physical characteristics of the road; by, or notified to, Council; • prevailing weather conditions; • Roadside means any land within the level of visibility; • boundaries of a road which is not a roadway or condition of the motor vehicle; a pathway and includes any nature strips and • prevailing traffic conditions; vehicle crossing which connects from a • relevant road laws and advisory signs; roadway or pathway on a road to other land • physical and mental condition of the that has been constructed; driver. A road user other than a person driving a Unformed Roads means roads that are not motor vehicle must use a highway in a safe formed, sealed or kerbed, which provide manner having regard to all the relevant access to abutting properties; factors.

A road user must:

1.5 Key stakeholders • Have regard to the rights of others road users and take reasonable care to avoid A stakeholder is any person or group having any conduct that may endanger the safety an interest in the service provided by the asset. of welfare of other road users. The following stakeholders have been • Have regard to the rights of the identified: community and infrastructure managers in relation to road infrastructure and non- • Kingston residents; road infrastructure on the road reserve and • Kingston councillors; take reasonable care to avoid any conduct • Kingston Village Committees; that may of damage road infrastructure • Council staff; and non-road infrastructure on the road • Council’s road maintenance service reserve. providers; • Have regard to the rights of the • VicRoads; community in relation to the road reserve • Adjoining councils; and take reasonable care to avoid conduct • Utility providers; that may harm the environment of the road • Road users; reserve • Public transport operators; • Emergency services;

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1.7 Availability of RMP

This RMP, including the Register of Public Roads, is available to be viewed, free of charge, at the following Customer Service Centres:

Cheltenham (Main Office) 1230 Nepean Highway Cheltenham Melways Ref: 86 J2

Hours: Mon-Fri, 8.30am-5.30pm

The RMP may also be viewed on Councils website www.kingston.vic.gov.au.

1.8 Delegations

The Chief Executive Officer is empowered under delegation to amend any of the Appendices attached to this RMP and to periodically change and update the Register of Public Roads. Reporting on the changes shall be in accordance with the powers of delegation.

1.9 Responsibility for RMP

Implementation

The Chief Executive Officer shall have responsibility for assigning the roles and responsibilities of the appropriate Council officers for the purposes of implementing the requirements of the Act and this RMP. Duties to be undertaken by Council staff shall include but are not limited to those set out in Schedule 7 of the Act.

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2 ROADS 2.4 Road Hierarchy

2.1 Register of Public Roads Council has developed a road hierarchy for the Municipal Road network. The level of service Council is the “Co-ordinating Road Authority” provided to a particular road takes into for the roads set out in the Register of Public consideration the road hierarchy classification. Roads (refer Section 19 of the Act). The road hierarchy adopted by Kingston is Council has determined that the roads included detailed in the AMP and is summarised below: in the Register are reasonably required for general public use. Declared Arterial

Details of the municipal roads, pathways and Roads whose main function is to form the ancillary areas, for which Council is principal avenue of transport for metropolitan responsible and for which the provisions of traffic movements not catered for by freeways. this Plan apply are listed in Council’s These include: “Register of Public Roads” • State Highways; and The Register is available for inspection at • Declared Main Roads. Vicroads is the Council’s main customer services centre road authority for all Declared Arterials. located in Cheltenham (refer Section 1.7 - Availability of RMP) or can be viewed on Trunk Collector Council’s website: www.kingston.vic.gov.au. The trunk collector’s principal function is to facilitate the convenient and safe movement of

traffic to and from the major arterial road system, usually at a signalised intersection 2.2 Road Asset Register Collector Road For the purpose of ensuring that Council performs its statutory duty to maintain Public The collector road collects traffic from the Roads, Council has established a road asset access places and access streets and carries register. higher volumes of traffic.

Details of the information recorded on Access Street Council’s road asset register are included in the AMPs and are recorded within councils A street providing local access where speed Geographic Information System as well as in and volume are low more detail within a Road database managed by the Infrastructure Department. Access Place A minor street providing local access. The assets within the road reserve of Municipal Roads for which Council is Access Lane responsible are set out in the AMP – Transport, Dec 2007. A side or rear lane principally providing access to properties with another street frontage. Includes pathways where motor vehicles are prohibited. 2.3 Update of the Road Register Ancillary Area – Car Park The Road Register is maintained by the Infrastructure Department. A process is in An area used to provide space for the parking place for updating the Register of Public of cars and light vehicles. Generally near Roads. shopping centres, recreation areas or railway

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154 ROAD MANAGEMENT PLAN 2013 stations. Includes the access road to or from the car park. 2.7 Boundary Roads

Kingston is bounded by 5 municipalities: 2.5 Pathway Hierarchy • City of Bayside; The pathway hierarchy takes into account the • City of Glen Eira; pedestrian traffic and risk that may be • City of Monash; generated in an area. The three classifications • City of Greater Dandenong; and adopted by Council are: • City of Frankston.

• Primary Shopping Areas; Municipal Roads located along the municipal • Local Shopping Areas / High Usage boundary are detailed in Appendix 4. Areas; Where a road defines the municipal boundary, • All other pathways. the demarcation line is taken as the centre of Details of the Pathway Hierarchy are included the road. in the AMP – Footpath, Dec 2007. Where a municipal road defines the boundary Details of the information recorded are between two councils, each council shall be included in the AMPs and are recorded within the Coordinating Road Authority for that part councils Geographic Information System as of the road that lies within its municipal well as in more detail within a Road database boundary. managed by the Infrastructure Department. Council has entered into such agreements that detail the responsibilities of each Council. The details of such arrangements are documented in Council’s Register of Public Roads. 2.6 Codes of Practice

The Act includes provision for the making of Codes of Practice that provide practical 2.8 Car Parks guidance for road authorities, service providers and works and infrastructure managers in the Council is responsible for car parks within performance of their functions and duties Kingston that the public has access to and under the Act (refer Section 24). Council is responsible for the management and Details of the Codes of Practice can be viewed enforcement provisions. on the VicRoads These car parks are identified as Ancillary website: www.vicroads.vic.gov.au and Areas in Council’s Register of Public Roads. include: Details of the information recorded are • Code of Practice for Operational included in the AMPs and are recorded within Responsibility for Public Roads; councils Geographic Information System as • Code of Practice for Clearways on well as in more detail within a Road database Declared Arterial Roads; managed by the Infrastructure Department. • Code of Practice for Road Management Plans; • Code of Practice for Management of 2.9 Traffic Signals Infrastructure in Road Reserves; • Code of Practice for Worksite Safety – Council is responsible for traffic signals on Traffic Management; municipal roads within the Kingston.

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VicRoads is responsible for all traffic signal 2.12 Signs hardware, including detector loops in municipal road pavements and pathways that Council is responsible for inspecting, contribute to the operation of intersections maintaining and repairing Regulatory, with Arterial Roads. Warning, Standard and Guide signs on municipal roads within Kingston, except The locations of traffic signals for which where relating to Arterial Roads, as described Council is responsible are mapped in council’s below. Geographic Information System. VicRoads is responsible for any signs that control the movement of traffic to and from an Arterial Road, being located on either the 2.10 Bridges Arterial Road or the intersecting municipal road. Council is responsible for inspecting, maintaining and repairing all road bridges on The locations of signs for which Council is municipal roads within Kingston, except for responsible are mapped in council’s road bridges over railway. Geographic Information System.

Metropolitan rail franchisee, Metro Trains is responsible for maintaining road-over-rail bridges (including bridge superstructures, 2.13 Bus Shelters substructures, and associated structures retaining the road formation but excluding the The Department of Transport (DOT) is road surface on the bridge). responsible for the operation and maintenance of bus shelters throughout the municipality and The locations of road bridges for which includes routine maintenance, i.e. cleaning Council is responsible are listed in a Bridge along with structural integrity maintenance. Asset Register maintained by the Infrastructure Department.

2.14 Railways

2.11 Street Lighting Metro Trains who hold the license to operate the rail network are responsible for the ongoing The ongoing maintenance and management of maintenance of rail crossings – pedestrian and standard street lighting on municipal roads in vehicular. Management responsibilities are set Kingston is generally the responsibility of the out in the relevant agreements and electricity distribution business. Council pays infrastructure leases. the electricity distribution business to undertake this work. A rail interface agreement (RIA) between Victrack, Kingston and VicRoads is currently The electricity distribution business maintains being developed. a register of these assets.

Where Council is responsible for street lighting facilities for specific schemes (such as 2.15 Vehicle Crossings decorative schemes), the details of such schemes and poles are documented in the Property owners are responsible for the arrangement entered into between the parties. construction and ongoing maintenance of any vehicle crossing servicing their property. The responsibility extends from the boundary line of the property to the edge of the road

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156 ROAD MANAGEMENT PLAN 2013 pavement, including the footpath section of the vehicle crossing.

2.16 Nature strips

Council encourages residents/owners to take pride in their streets by maintaining the appearance and condition of nature strips in front of their property and taking responsibility for the mowing and their general upkeep.

Any modification to the nature strip area must comply with Kingston’s Nature Strip Guidelines.

Street trees however are planted and maintained by Council.

2.17 House Drains

The property owner is responsible for stormwater drains that are constructed within the road reserve from the property boundary to the discharge point (road channel or underground drain).

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3 LEVELS OF SERVICE Goal 1 - “Infrastructure for a Safe and Active Community.” The Level of Service is specified in Appendix 1 of this RMP. Objective 1.1 is to provide “sustainable assets that balance investment and community The Level of Service identifies the following expectations to provide a high level of activities: community benefit today and into the future.”

• inspection of assets The AMPs have been developed in response to Councils Asset Management Strategy which • Intervention standards “aims to achieve a systematic improvement to • rectification works and response times Asset Management practices within Kingston” Appendix 2 details the inspection type and and forms a key component in strategic and frequency associated with each asset type. financial planning and in annual budgeting.

The Levels of Service are based on: The AMPs detail Councils transport, drainage, footpath and pavement assets and sets out its • Council’s goals and objectives; (i.e. goals and objectives, policies and strategies, Council Plan) levels of service, standards, works programs, lifecycle programs and information systems • legislative requirements (i.e. Road relevant to managing the asset. Management Act); • customer expectations (identified through community consultation / surveys); • Council’s delivery mechanisms (i.e. in- 3.2 Community Consultation house / external contract resources); Consultation with the community is carried out • Industry standards / renewal requirements to ensure that the needs and expectations of the (i.e. pavement / financial modelling); community – within the limits of affordability • Council budget. and Council priorities - are taken account of in determining the levels of service. The Level of Service detailed in this RMP is based on the review of the RMP by Council in 2013 and taking into consideration the comments received from the community as 3.2.1 RMP Review part of the formal review. (refer 1.3 - Review of Plan) The RMP review requires Council to give public notice of the review and for persons to The Level of Service being achieved and 1 make a submission. adopted in this RMP is considered reasonable, reflecting community expectations, the This review of the Plan provides the resources available, the budget and the opportunity for the community to review and competing demands of Council. comment and to suggest changes on the Plan. (refer 1.3 - Review of RMP)

3.1 Policies / Strategies

The Council Plan 2009-13 [2012 update] is the key strategic document for setting the future directions of Council. Goal 1 relates directly to Councils assets and ongoing

maintenance programs based on asset 1 management principles. Road Management (General) Regulations 2005 Section 302

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3.2.2 Annual Community was then determined and an appropriate Satisfaction survey response time to repair the defect established. This analysis, evaluation and risk treatment is Annual Community Satisfaction Surveys are documented in the AMPs. The response times carried out in order to measure Councils adopted to repair identified defects taking into performance on road maintenance, major account the consequences and likelihood of an construction works, footpaths, street furniture, event are shown in Appendix 1. complaints and related requests made to Council. Details of the annual community satisfaction 3.4 Inspection Types surveys relating to road infrastructure are reported annually to Council. Inspections are undertaken on a regular basis In the Department of Planning and Community to ensure the road assets are being maintained Development survey 2012 Council recorded in a safe manner and that adopted intervention an overall performance index of 65. This is levels are being met. significantly higher than the state-wide The types of inspections carried out on the average for this measure of 60 and 1 point road assets are set out in Appendix 3. These lower than the average index score of 66 for include: the Inner Melbourne Metropolitan group.

• Routine (Defect) Inspections • Reactive (Safety) Inspections 3.2.3 Village Committee Meetings • Incident Inspections • Condition Inspections Council’s Village Committees and meetings with other key stakeholders identified in 1.5 – Key stakeholders, provide the opportunity for feedback on the performance of Council in the 3.5 Standards of Maintenance delivery of the service. Maintenance is the day-to-day operational activity necessary to keep the asset operating. Maintenance includes both preventative as 3.3 Risk Assessment well as corrective activities.

The standards of construction and Maintenance works are mainly delivered by a maintenance, as outlined in this RMP, have group of specialist contractors supported by in- been determined on the basis of a risk house Council teams. Road renewal, network assessment undertaken generally in accordance expansion and upgrade works are undertaken with the principles of AS/NZ ISO 31000:2009, by specialist contractors. Risk Management – Principles and guidelines. The objective of routine maintenance is to Through the use of Risk Management, there is ensure network management practices, levels a structured approach to decision making, of service and programs meet road user’s development of strategies, the setting of expectations, minimise disruption to the priorities and the allocation of scarce community and provide value for money. resources. The following maintenance activities are For nominated road defects Council has carried out to ensure the levels of service are determined the likelihood the defect will maintained. contribute to an incident and the subsequent consequences of that incident. A level of risk

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3.5.1 Make Safe inspectors and other staff in carrying out the requirements of the RMP. Temporary works to be undertaken to reduce the risk of an incident until such time as 3.6 Renewal Works maintenance or repair works can be completed. Response times and measures (e.g. 3.6.1 Pavement modelling warning signs, flashing lights, and safety barriers) are determined based on the risk Formal analysis and modelling is not currently assessment by the works supervisor. utilised by the Infrastructure Department in the development of annual pavement renewal programs. Instead a five-year planning and 3.5.2 Emergency Works prioritisation procedure is used. The Infrastructure Department however are currently in the process of assessing the Works required to be undertaken immediately inspection and predictive modelling systems to ensure the safety of road users and the that are currently available for road public following an emergency incident. pavements. Refer Section 3.9 Emergency response.

3.5.3 Routine Maintenance / 3.6.2 Pavement Condition Repairs A visual assessment of all road pavements is These are generally operational activities undertaken and their condition ratings recorded. undertaken to maintain the primary function of The inspections are undertaken by experienced the asset. Routine maintenance deals with engineers from Council’s Infrastructure minor activities to make safe or to slow down Department. or prevent deterioration of the road asset and The inspection frequencies for condition includes activities such as crack sealing, inspections are set out in Appendix 2. pothole repair, sign replacement, repairs and line marking. The ratings to describe the various condition Understanding the relationship between the states of the pavement surface used when asset base, quantity of work, intervention carrying out a condition survey are detailed in levels, community satisfaction and duty of the AMP – Pavements, Dec 2007.. care is essential for the purpose of budget A short-term planning and prioritisation process projections. For example: if the asset base is is typically used: increased without a comparable increase in budget allocation or productivity 1. The pavement inventory, including improvement, the quality of maintenance could be reduced and impact on duty of care. pavement condition, is updated. 2. A decision is made on the type of The inspection frequency for routine (Defect) treatment to be utilised. maintenance inspections are set out in 3. Each pavement section in the inventory is Appendix 2. reviewed to determine if the section The intervention levels and the response times requires a pavement treatment in the next in which repairs will be carried out are set out few years. in Appendix 1. 4. The appropriate treatment for the given The Infrastructure Department’s Road section is then selected. The Infrastructure Maintenance Services identification of its needs is based on the Operational Manual provides guidelines to adopted Levels of Service.

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5. Each section, and its recommended • Kingston City Council. Roads and treatment, is described in terms of Drainage Design Standards and location, treatment type, recommended Presentation of Designs. construction year, estimated cost and priority level. Priority levels are based on: • VicRoads. Standard Specifications for Road works and Bridgeworks. • Meeting minimum safety Levels of

Service; • Meeting minimum acceptable Levels of Service; 3.9 Emergency Response • Preventative maintenance and cost Council is committed to providing a response effectiveness concerns (including to emergency situations in accordance with the projects where timing is very specified response times. important to achieve cost effectiveness); or Emergency works include works in response • Projects initiated to achieve a target to traffic accidents and road spillages, fires, level of service. flooding, storms and responses under Council’s Municipal Emergency Management 6. The individual treatments are sorted by Plan priority levels. The resulting list represents the total documented needs for However in extreme events response times and actions set out in this RMP may not be the maintenance and rehabilitation of the achievable due to the need to redirect municipal road network. resources to respond to and recover from the Details of the short-term planning and extreme event. prioritisation process are set out in the AMP – Pavements, Dec 2007.

3.10 After Hours Emergency Call-Outs

3.7 Renewal Program Council also maintains an 24 hour emergency phone number (1300 653 356) Asset rehabilitation or renewal activities are carried out to restore the condition of the asset During office hours the request is directed to so as to ensure that the required Levels of the relevant department or officer. After hours Service can be delivered over the long term. (5.30 pm – 8.30 am Monday to Friday and weekends) calls are directed via an automated The MAV Moloney asset management model options service to the Infrastructure has provided Council with the opportunity to Emergency Response Officer. carry out long-term modelling and identifying renewal funding gaps. This modelling has been Depending on the nature of the issue or from used to develop the long term (5-10 year) an inspection, the Emergency Response funding for roads and footpaths. (Refer Section Officer will make safe or take action as 4.3 - 5-10 Year Capital Works Forward Plan). necessary. The response may include referring to a specialist contractor (i.e. drainage contractor) who is on standby and available to carry out after hours response works. 3.8 Design Standards

The standards of design and construction of new municipal roads and pathways are carried out in accordance with the following references:

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4 FINANCIAL RESOURCES The forecast expenditures are set out in Council’s Kingston Strategic Resource Plan. 4.1 Budget Provisions

Each year during its budget process Council reviews its Five Year Financial Plan to consider available funding and the need to provide broad services for the community, as reflected in the Council Plan.

The level of funding directed to maintenance activities is reviewed on an annual basis as part of Council’s 5 Year Financial Planning process.

Allowance is made within Councils annual budget to meet the Councils obligations set out in this RMP. This includes annual funding for emergency response, routine and programmed maintenance, renewal and capital works.

The financial resources allocated for works on the road and pathway networks are considered reasonable having regard to the overall service delivery priorities of the Council and the outcomes of the RMP review.

4.2 Other Sources

In addition to Council funding for road construction and maintenance, funding is available from the State Government through its Roads to Recovery (R2R) program.

4.3 5-10 Year Capital Works Forward Plan

Each year during its budget process Council reviews its Five Year Financial Plan to reflect available funding and the need to provide broad services for the community, as reflected in the Council Plan.

The current Five Year Financial Plan aims to continue current funding levels for the replacement of road infrastructure.

The level of funding directed to maintenance activities is reviewed on an annual basis as part of Council’s 5 Year Financial Planning process.

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5 MANAGEMENT SYSTEM • Defects requiring action from service authorities/ utility companies; 5.1 Service Requests System • Defects that may develop into a Notice of Incident (Specific Incident Report) - (refer Council utilises a customer relationship management system, which is used to receive Section 115 of the Act.) requests for service and maintenance, along Whilst the current customer relationship with complaints and reports pertaining to management system is able to provide for Council assets. These can be received from regular monitoring through reports on the residents, visitors, rate payers/owners, customer service requests, complaints and government authorities, Councillors, private information regarding the nature and timing of utility companies and any emergency services. responses, the reporting is not directly aligned with the RMP requirements. (Refer 5.2.1 - The customer relationship management system Future Development). is utilised by our Customer Service staff when receiving both in person at our counters and via our Action line 1300 653 356. These requests are recorded and managed using a 5.2 Maintenance Management System workflow methodology. With respect to roads, Council has developed All requests and complaints including an integrated approach to inspection, emergency requests that require action, are maintenance and repair of road infrastructure attended to within specified times, and the based on the following2: request must be finalised to meet closure performance standards. • Identification of defects; The following information relating to • Intervention level reached; customer requests are also recorded within this • Type of intervention action; system: • Target time for intervention action.

• Name and address of person reporting the Defects from Routine (defect) inspections are recorded and uploaded into a Maintenance defect database. • Defects or other matters requiring attention; Works are prioritised and forwarded as • Response time (has been assigned against Microsoft Excel spread sheet Works Orders to specialist contractors. a particular defect type/complaint as part of Council’s Customer Service Works orders are returned with completed Committment; dates which are uploaded back into the • Details of repair and maintenance works Maintenance database. (all actions taken in relation to the request Details of all customer requests and routine is recorded) inspection defects are recorded with completed • Date repair and maintenance works have dates for future retrieval as required. been completed

The following information observed and recorded by Councils Road Infrastructure Inspectors are also recorded and tracked within this system:

• Defects requiring immediate action 2 required to be made safe; Code of Practice for Road Management Plans – Schedule 1

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5.2.1 Future Development 5.4 Duty to Inform Service Provider or Works and Infrastructure Council is in the process of developing an Manager Asset Management Solution that will integrate the various asset recording and management If in the course of meeting its obligations systems located across the organisation. under the RMP, the Council becomes aware The introduction of an asset maintenance and that any non-road infrastructure for which a management system will assist significantly in service provider or works and infrastructure the collection, recording, management and manager is responsible: reporting on transport and drainage asset data. • is not in the location shown in the relevant Of particular benefit will be: records; or • appears to be in an unsafe condition; or • the management of asset defects including • appears to be in need of repair or monitoring maintenance activities and costings; maintenance, • the ability to link to a central database The Council will convey that information to through GIS; the relevant service provider or works and • the use of hand held data collectors. infrastructure manager as per the time frame detailed in Appendix 1 of the Council Council is also looking to replace its current becoming aware of the aforementioned customer relationship management system situation. with an enhanced system that will provide greater integration with other corporate asset Service Authorities with assets within the road management systems and enable direct reserve include: reporting in accordance with the RMP. • South East Water – sewer pits, trenches and pipes, water supply valves, hydrants and pipelines; 5.3 Safety on work Sites • Gas – Pits, trenches and pipelines • VicTrack – rail tracks, crossings and All construction and maintenance work on signage used by pedestrians and vehicles local roads, pathways and unattended • Telstra – poles, overhead cables, pits and overnight works will be undertaken in trenches accordance with the relevant occupational, • Optus - poles, overhead cables, pits and health and safety legislation, Code of Practice trenches for Worksite Safety - Traffic Management and • Council’s adopted Safety Procedures. United Energy – poles, overhead electric cables, pits and trenches Council utilises inter-departmental approval • VicRoads – State road pavements, processes for reviewing traffic management surfaces, kerb and channel, signage plans for construction activities. These plans are reviewed by construction surveillance officers and contractor to collaboratively 5.5 Incident Inspections achieve the objectives of work site safety. Comment [KVH2]: Could you please review and advise if this As soon as practicable, but within 14 days of paragraph satisfies the requirements receiving Notice of Incident under Section 115 for out of hours works. of the Act, the Council, pursuant to Section 116 of the Act, will undertake an inspection and prepare a condition report of the part of the public road or infrastructure, specified in the notice.

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For the purposes of risk management, in any case where Council becomes aware of circumstances that may lead to an “Incident”, it will cause an inspection to be carried out as soon as practicable to record the conditions existing at the site and to note any extraordinary matters that may be relevant. All inspections and details should be recorded

5.6 Records of Inspections and Works

Records of all inspections and maintenance works undertaken on the road network are kept to meet the requirements of the Act and this RMP in accordance with Council’s Records and Information Management Policy

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6 PERFORMANCE MANAGEMENT The annual audit shall also include; AND REVIEW • a review of the RMP standards 6.1 Performance Monitoring including intervention levels, response times, rectification works; Performance monitoring is undertaken as • a review of the RMP against the follows: AMPs; • As part of monthly monitoring/reporting all Council activities; 6.3 RMP Review • Monitoring and review of customer request system reporting; A formal review shall be carried out in • Regular meeting of the Contract accordance with sections 301, 302, 303 and Maintenance Unit monitor inspection 304 of the Road Management (General) programs, requests, correspondence, Regulations 2005. works programs, response times, etc. and review processes, systems set out in Operational Manual; • Annual review and updating of AMPs by

the Asset Management Steering Group. Comment [KVH3]: Could you please advise when the AMP review will be undertaken.

6.2 Audit of RMP

A full audit of the RMP and its processes is to be carried out on a biannual basis to ensure the requirements of the RMP and the levels of service adopted by Council are being met.

It is proposed that the audit will be carried out by Councils risk insurer and an independent auditor on alternate years.

The audit is to include reviewing:

• the customer relationship management system – assess responses, records, response times;

• the inspections carried out in accordance with RMP schedule; • the recording and reporting of routine

defects; • scheduling and recording of works (maintenance programs) including

completion date; • the effectiveness of the recording, programming and reporting systems; • compliance with requirements of the Act;

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7 Supporting Documents KINGSTON CITY COUNCIL (2012). Department of Planning and Community The following documents are provided in Development, Community Satisfaction Survey. support of the Plan. Survey 2012. KINGSTON CITY COUNCIL (2012). City of 7.1 Legislation and Regulations Kingston Council Plan 2009 – 13 [2012 Update]. PARLIAMENT OF VICTORIA. Road Management Act 2004. KINGSTON CITY COUNCIL (2012). City of Kingston Strategic Resource Plan (companion PARLIAMENT OF VICTORIA. Local Supplement to City of Kingston 2009 – 2013 Government Act 1989. [2012 update]. PARLIAMENT OF VICTORIA. Road KINGSTON CITY COUNCIL (Dec. 2010). Management (General) Regulations 2005, S.R. Municipal Emergency Management Plan. No. 63. KINGSTON CITY COUNCIL (Oct. 2007). PARLIAMENT OF VICTORIA. Road Records and Information Management Policy. Management (Works & Infrastructure) Regulations 2005. KINGSTON CITY COUNCIL (Sept 1996). Policy No. 2.4, Maintenance of Private Roads. PARLIAMENT OF VICTORIA. Road Management Act 2004. Code of Practice – KINGSTON CITY COUNCIL (May 2002). Road Management Plans. (Sept 2004). Risk Management Guidelines.

PARLIAMENT OF VICTORIA. Road KINGSTON CITY COUNCIL. (Aug 2001) Management Act 2004. Code of Practice – Roads and Drainage Design Standards and Management of Road Infrastructure in Road Presentation of Designs. Reserves. (Oct 2008). KINGSTON CITY COUNCIL (Feb 2008) PARLIAMENT OF VICTORIA. Road Kingston Asset Management Policy; Management Act 2004. Code of Practice – Operational Responsibilities for Public Roads. KINGSTON CITY COUNCIL (Feb 2008) (Dec 2004). Kingston Asset Management Strategy;

PARLIAMENT OF VICTORIA. Road KINGSTON CITY COUNCIL (Dec 2007) Management Act 2004. Code of Practice – Asset Management Plan – Footpath. Clearways on Declared Arterial Roads. (Sept 2004). KINGSTON CITY COUNCIL (Dec 2007) Asset Management Plan – Pavements. PARLIAMENT OF VICTORIA. Road Management Act 2004. Code of Practice for KINGSTON CITY COUNCIL (Dec 2007) Worksite Safety Traffic Management. (Aug Asset Management Plan – Transport. 2010). KINGSTON CITY COUNCIL (Dec 2007) PARLIAMENT OF VICTORIA. Road Safety Asset Management Plan –Drainage. Act 1986. (Mar 2013). KINGSTON CITY COUNCIL (May 2005) Procedure for Updating Register of Public Roads. 7.2 Council References KINGSTON CITY COUNCIL (2012) Nature KINGSTON CITY COUNCIL, Local Law No. Strip Guidelines. 2, Roads and Traffic Local Law. KINGSTON CITY COUNCIL Road Maintenance Services Operational Manual.

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KINGSTON CITY COUNCIL Customer Concrete Grinding Service Commitment. Pavement Marking

Drain Cleaning Services 7.3 Technical References Street Sweeping

AUSTRALIAN STANDARD. Risk Signs & Furniture Maintenance Management Standard AS/NZS ISO 31000:2009. Asset Management Improvement STEP 7.5 Council Registers and Program – Road Management Plan Applications Comment [KVH5]: This section Framework 2003. Municipal Association of has been added as a result of audit Victoria MAV. Asset Management Solution (AMS) - Hansen8 results. International Infrastructure Management is being developed as Council’s corporate Manual (IIMM) 2006 IPWEA asset register.

VICROADS. Code of Practice for Operational Geographic Information System (GIS) – Responsibility for Public Roads. (Dec 2004). Intramaps is utilised as Council’s customer service interface providing information VICROADS. Code of Practice for Clearways regarding road, drainage, footpath, transport on Declared Arterial Roads. (Sept 2004). assets in geospatial format. VICROADS. Code of Practice for Road Customer Relationship Management System – Council currently utilises Pathway CRM to log Management Plans. (Sept 2004). and monitor customer requests. VICROADS. Code of Practice for Road Database – Council currently houses its Management of Infrastructure in Road road surface, road pavement, kerb and Reserves. (Oct 2008). channel, footpath, and ancillary areas within VICROADS. Code of Practice for Worksite the Conquest database. The information contained within this database will be Safety – Traffic Management. (Aug 2010). progressively migrated to Hansen8. Vicroads Standard Specification for Roadworks and Bridgeworks. Bridge Asset Register is currently a standalone Microsoft Excel database managed by the 7.4 Council Contracts Infrastructure Department. The information Comment [KVH4]: Please review contained within this database will be if these are all still current Traffic Signal Maintenance; progressively migrated to Hansen8.

Public Lighting Electricity Supply; Maintenance Database – Council currently log defects identified by Council’s maintenance Road Resurfacing; officers within the APS Reflect database.

Road Infrastructure Maintenance Contracts:

Asphalt Minor Works

Concrete Footpaths

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APPENDICES

Appendix 1 Level of Service

Appendix 2 Inspection Frequency

Appendix 3 Asset Inspection Details

Appendix 4 Boundary Roads

Appendix 5 Road Management Agreements

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169 ROAD MANAGEMENT PLAN 2013 APPENDIX 1 ROAD MAINTENANCE – LEVEL OF SERVICE (Risk Assessment, Intervention Levels, Rectification Works and Response Times) Comment [KVH6]: There seems to be some conjecture in regards to Defect Intervention Level modifying intervention levels. Please review within steering group and The defect intervention levels detailed in these Levels of Service should be considered as indicative and as a guide to the intervention level that will activate advise. rectification works by Council.

Rectification Works Rectification works for all defects can be: temporary repairs to make safe (eg cold mix); permanent repair to replace with like (ie pit covers, digout and replace pavement section); installation of barricading and/or warning signs until a temporary or permanent repairs are carried out.

Response Time Unless otherwise indicated, response times are in working days and generally reflect the time to be taken to repair defects identified by regular inspections undertaken by Council staff – including programmed (routine) defect inspections - and for defects notified from the public. Where it is not possible to carry out the rectification works within the specified time – type of repair required, resources, equipment required, work load - the necessary warning signs and protection will be provided until the required repairs are carried out.

It should be noted that asset defects identified by Council staff during programmed inspections of the municipality may not be rectified within the response times specified as the demand on Council maintenance resources is too high taking into account the other maintenance & reinstatement works. Extension of response times by a multiple factor of 3 may occur and still be considered as acceptable within the intent of Kingston’s RMP. Comment [KVH7]: Added this paragraph in light of audit results LEGEND

LIKELIHOOD CONSEQUNCES LEVEL OF RISK

A Almost Certain 1 Insignificant E Extreme B Likely 2 Minor H High C Moderate 3 Moderate M Moderate

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170 ROAD MANAGEMENT PLAN 2013 D Unlikely 4 Major L Low E Rare 5 Catastrophic

The response times adopted to repair identified defects taking into account the consequences and likelihood of an event are shown below:

RESPONSE TIMES (days)

Consequences

Likelihood Insignificant Minor Moderate Major Catastrophic

1 2 3 4 5

A (Almost Certain) 15 5 2 1 4 hours

B (Likely) 45 15 5 2 1

C (Moderate) 90 45 15 5 2

D (Unlikely) 180 90 45 15 5

E (Rare) 360 180 90 45 15

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ROAD INFRASTRUCTURE

TRUNK COLLECTOR ACCESS ACCESS ACCESS LANE ANCILLARY COLLECTOR STREET PLACE AREA

DEFECT INTERVENTION LEVEL s

Likelihood LevelRisk Likelihood LevelRisk Likelihood LevelRisk Likelihood LevelRisk Likelihood LevelRisk Likelihood LevelRisk Consequences Consequences Consequences Consequences Consequences Consequence Response Time Response Time Response Time Response Time Response Time Response Time

SEALED ROADWAY MINOR SURFACE TREATMENT

(a) Loss of aggregate; Any distressed surfacing area > 25 sq m. Refer to Capital Works Program

(b) Bleeding and flushing; or (a) Stripping (>50% loss of aggregate for an area >5 m2) (c) Extensive or “crocodile” cracking. (b) Bleeding / flushing for an area >5 m2

SEALED ROADWAY POTHOLE PATCHING

Potholes. Pothole depth > 50 mm; and B 3 H 5 B 2 H 15 C 2 M 45 C 2 M 45 C 2 M 45 C 2 M 45

Pothole diameter > 300 mm

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TRUNK COLLECTOR ACCESS ACCESS ACCESS LANE ANCILLARY COLLECTOR STREET PLACE AREA

DEFECT INTERVENTION LEVEL s

SEALED ROADWAY LOCAL SHAPE CORRECTION

Shoving, depressions, wheel ruts, Any distressed pavement area up to 25 sqm in C 2 M 45 D 2 L 90 D 2 L 90 E 1 L 36 E 1 L 360 E 1 L 360 corrugations, etc. in traffic lanes. area. 0

All defects > 50 mm depth measured with 1.2 m straightedge transverse, or under a 3 m straightedge longitudinal.

All defects > 25 sqm Refer to Capital Works Program

SEALED ROADWAY EDGE REPAIR

Broken edges of seal. Edge break exceeds 250 mm laterally over at least D 2 L 90 D 1 L 180 D 1 L 180 E 1 L 36 E 1 L 360 E 1 L 360 a 1 m length from the nominal seal line. 0

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DEFECT INTERVENTION LEVEL s

SEALED ROADWAY STRUCTURAL FAILURE

Isolated failed pavement areas in Any failed pavement area between 5 and 50 sq m B 2 H 15 C 2 M 45 D 2 L 90 E 2 L 18 E 1 L 360 E 1 L 360 traffic lanes. Includes rutting, with both cracking and deformation > 50 mm 0 shoving, crocodile cracking and under a 1.2 m straight edge. potholes.

All defects > 50 sqm Refer to Capital Works Program

SEALED ROADWAY CRACK SEALING

Cracking including the following Average crack width > 5 mm for crack length D 2 L 90 D 1 L 180 D 1 L 180 E 1 L 36 E 1 L 360 E 1 L 360 types: > 2 m; 0 block, crescent, crocodile, diagonal, longitudinal, meandering, transverse.

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DEFECT INTERVENTION LEVEL s

SEALED ROADWAY CONCRETE PAVEMENT REPAIRS

Failed concrete pavements, with or Full depth crack with average crack width > D 2 L 90 D 1 L 180 D 1 L 180 E 1 L 36 E 1 L 360 E 1 L without a bituminous overlay. 10 mm for crack length > 5 m; 0

Pavement cracking, slab subsidence, Faulting / step > 25 mm.; or water egress from joints. Missing pieces > 0.1 sq m.

Failed sections < 25sqm

Failed sections > 25 sqm Refer to Capital Works Program

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DEFECT INTERVENTION LEVEL s

SEALED ROADWAY CONCRETE SLAB STABILISATION

Concrete road slabs have tilted, Slab settlement > 50 mm. D 2 L 90 D 1 L 180 D 1 L 180 E 1 L 36 E 1 L 360 E 1 L 360 become loose, and have scoured 0 underneath creating a void that allows the slab to move under vehicle loads.

Adjacent slabs at different levels, differential settlement, water and mud pumping from joints under traffic load during rain, visible signs of movement under truck loading, cracking of slabs and deep holes in slab joints.

SEALED ROADWAY BLUESTONE PITCHER PAVING REPAIRS

Damaged or settled pavement areas. Level difference > 50 mm. D 2 L 90 D 1 L 180 D 1 L 180 E 1 L 36 E 1 L 360 E 1 L 360 0 Full depth gap with average gap width > 20 mm for crack length > 5 m;

Missing pieces > 0.1 sq m.

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TRUNK COLLECTOR ACCESS ACCESS ACCESS LANE ANCILLARY COLLECTOR STREET PLACE AREA

DEFECT INTERVENTION LEVEL s

All Defects > 25 sq. m Refer Capital Works Program

SEALED ROADWAY KERB & CHANNEL REPAIRS

Damaged kerb & channel that could Misalignment > 50 mm; and D 2 L 90 D 1 L 180 D 1 L 180 E 1 L 36 E 1 L 360 E 1 L 360 constitute a safety hazard to road 0 users. Water ponding beyond lip of channel 24 hours after rainfall ceases.

Where Kerb & Channel Condition Rating is >7. Refer to Capital Works Program

SEALED ROADWAY STREET SWEEPING

Accumulation of debris that is a Aggregate, dirt or debris accumulates to: B 3 H 5 B 2 H 15 C 2 M 45 D 2 L 90 E 1 L 360 E 2 L 180 danger to traffic or pedestrians or prevents the free drainage of the Create a skid resistance hazard; or pavement. Prevent the free drainage of the pavement and channel.

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DEFECT INTERVENTION LEVEL s

FORMED UNSEALED ROAD RESHEETING ROADWAY

Insufficient material is available on- Pavement material average depth < 50 mm; and C 2 M 45 D 1 L 18 E 1 L 360 D 2 L 90 site to maintain correct crossfall. 0 Pavement defects with depth > 200 mm affecting more than 30% of pavement area.

FORMED UNSEALED GRADING UNSEALED ROADS ROADWAY

Unsealed road is unsafe with Corrugation or other distress > 50% of area of D 2 L 90 D 1 L 180 inadequate depth of surface material. formation with: Potholes, scouring or roughness > 50 mm depth measured with 1.2 m straightedge; or Continuous corrugations over 25 m > 25 mm in depth

Distress > 75% of area of formation with: D 1 L 180 Potholes, scouring or roughness > 100 mm; or Continuous corrugations over 50 m > 50 mm in depth

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TRUNK COLLECTOR ACCESS ACCESS ACCESS LANE ANCILLARY COLLECTOR STREET PLACE AREA

DEFECT INTERVENTION LEVEL s

Distress 100% of area of formation with: E 1 L 36 E 1 L 360 E 1 L 360 Potholes, scouring or roughness > 150 mm; or 0 Continuous corrugations over 75 m > 75 mm in depth

UNSEALED SHOULDER GRADING UNSEALED ROADS

Shoulders have incorrect pavement Edge of seal drop off > 75 mm for a length of: C 2 M 45 D 2 L 90 D 2 L 90 E 1 L 36 E 1 L 360 E 1 L 360 drop off, rutting, or build up of 0 shoulder material. 20 m; or > 10% of segment length.

Build up of shoulder material causes water to pond on traffic lane for width > 0.5 m.

UNSEALED SHOULDER RESHEETING UNSEALED SHOULDERS

Insufficient material is available on- Any segment with average shoulder D 2 L 90 D 1 L 180 E 1 L 360 E 1 L 36 E 1 L 360 E 1 L 360 site to maintain correct crossfall. crossfall > 15%. 0

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DEFECT INTERVENTION LEVEL s

UNFORMED ROADS REPAIR ROAD

Unformed road becomes untrafficable Road becomes untrafficable for vehicles and D 2 L 90 D 2 L 90 D 2 L 90 pedestrians due to surface condition, vegetation, drainage etc

DRAINAGE CULVERT, STORMWATER DRAIN AND PIT CLEANING

Accumulation of debris in culverts, Waterway area restricted by > 50%. D 3 M 45 D 2 L 90 D 2 L 90 E 1 L 36 E 1 L 360 E 1 L 360 stormwater drains or pits that restricts 0 flow of water.

DRAINAGE CULVERT, STORMWATER DRAIN AND PIT REPAIR

Damaged culverts, short sections of Culvert, drain or pit becomes non-functional. D 2 L 90 D 2 L 90 D 2 L 90 D 2 L 90 E 2 L 360 D 2 L 90 drain, pits, surrounds, grates, lids or lintels and endwalls.

Missing pit lid or grate. A 3 E 5 A 3 E 5 A 3 E 5 A 3 E 5 A 3 E 5 A 3 E 5

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DEFECT INTERVENTION LEVEL s

ROADSIDE LOCAL SCOUR REPAIR

Scouring on batters, shoulders, drains Any scour length > 10 m with mean scour depth D 2 L 90 D 2 L 90 D 2 L 90 E 2 L 90 E 2 L 90 E 2 L 90 and adjacent to inlets or outlets to > 300 mm. drainage structures.

Less than 10 cub. m and within a length of 100 m.

ROADSIDE CLEAR OPEN DRAINS

Obstruction of unlined open drains, Drain cross sectional area reduced by > 50% or D 2 L 90 D 2 L 90 D 2 L 90 E 2 L 90 E 2 L 90 E 2 L 90 catch drains, spoon drains, table drainage diverted out of drain path. drains and waterways that contribute to the structural integrity of the roadway.

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DEFECT INTERVENTION LEVEL s

ROADSIDE TRAFFIC ISLAND MAINTENANCE

Damaged kerbing and defects that Defect identified as a hazard to vehicles or D 2 L 90 D 1 L 180 D 1 L 180 E 1 L 36 E 1 L 360 E 1 L 360 could be a safety hazard to vehicles or pedestrians. 0 pedestrians.

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DEFECT INTERVENTION LEVEL

me Likelihood LevelRisk Likelihood LevelRisk Likelihood LevelRisk Likelihood LevelRisk Likelihood LevelRisk Likelihood LevelRisk Consequences Consequences Consequences Consequences Consequences Consequences Response Time Response Time Response Time Response Time Response Time Response Ti

ROAD FURNITURE REGULATORY AND WARNING SIGNS

Regulatory and Warning signs Missing or otherwise damaged beyond legibility; B 3 H 5 B 2 H 15 B 2 H 15 C 2 M 45 D 2 L 90 C 2 M 45 (includes Stop, Give Way, Warning (yellow and black), Chevrons). Signs affected by loss of reflectivity, Post > 10 degrees off vertical; D 3 M 45 D 2 L 90 D 2 L 90 D 2 L 90 E 2 L 180 E 2 L 180 accident damage, vandalism or Reflectivity is reduced by > 50% due to inadequate support posts. accumulation of dirt;

ROAD FURNITURE PARKING AND GUIDE SIGNS

Guide signs including street name, Post > 10 degrees off vertical; D 2 L 90 D 2 L 90 D 1 L 180 D 1 L 18 D 1 L 180 D 1 L 180 advanced direction, direction, 0 reassurance, tourist and other Reflectivity is reduced by > 50% due to specialised signs affected by loss of accumulation of dirt; reflectivity, accident damage, vandalism or inadequate support Damage renders sign ineffective; posts. Wording or graphics are illegible; or missing.

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TRUNK COLLECTOR ACCESS ACCESS ACCESS LANE ANCILLARY COLLECTOR STREET PLACE AREA

DEFECT INTERVENTION LEVEL

ROAD FURNITURE GUARDFENCE

Deformed rails, loose fittings, Defective guardrail, posts or hardware that D 3 M 45 D 3 M 45 E 2 L 180 E 2 L 18 E 2 L 180 E 2 L 180 misaligned damaged or unstable jeopardises performance. 0 posts, damaged terminal sections.

ROAD FURNITURE GUIDEPOSTS AND DELINEATORS

Guideposts, guidepost delineators, > 30% of delineator installations per segment D 2 L 90 D 2 L 90 E 2 L 180 E 2 L 18 E 2 L 180 E 2 L 180 safety/rumble bars, raised pavement missing or defective to original installation and 0 markers (reflective and non- design standards. reflective), flaps and guardfence delineators and width markers on bridges and culverts that are not readily visible in daylight, wrongly positioned, non-reflective, damaged, or missing.

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184 ROAD MANAGEMENT PLAN 2013

TRUNK COLLECTOR ACCESS ACCESS ACCESS LANE ANCILLARY COLLECTOR STREET PLACE AREA

DEFECT INTERVENTION LEVEL

ROAD FURNITURE STREET LIGHTING

Council managed lighting affected by Post > 10 degrees off vertical; D 2 L 90 D 2 L 90 E 2 L 180 E 2 L 18 E 2 L 180 E 2 L 180 faulty globes or lanterns, accident 0 damage, vandalism or inadequate Damage that affects functionality of lighting; or support posts. Lamps or lanterns not working.

ROAD FURNITURE LINEMARKING

Worn line markings including > 50% of linemarking worn through. D 2 L 90 D 2 L 90 E 2 L 180 E 1 L 36 E 1 L 360 E 1 L 360 longitudinal lines, intersection 0 markings, arrows, Statcon markings, school crossings, pedestrian crossings, rail crossings, special legends.

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185 ROAD MANAGEMENT PLAN 2013

TRUNK COLLECTOR ACCESS ACCESS ACCESS LANE ANCILLARY COLLECTOR STREET PLACE AREA

DEFECT INTERVENTION LEVEL

VEGETATION GRASS MOWING

Grass growth along the roadside, Length of growth: D 2 L 90 D 2 L 90 D 2 L 90 E 2 L 18 E 2 L 180 E 2 L 180 shoulders, verges, outer separators, or Medians, outer separators and verges > 300 mm; 0 medians impeding safe sight Roadside > 500 mm. distances or obstructing surface drainage. Growth 100 mm forward of back of kerb.

Grass growing across kerbs to maintain drainage and appearance.

VEGETATION WEED TREATMENT

Weeds growing at the lip and joints of Maintain weed length to the maximum permitted D 1 L 18 D 1 L 180 E 1 L 360 E 1 L 36 E 1 L 360 E 1 L 360 kerb & channel, traffic islands, on the in grass mowing by cutting or providing a 0 0 road pavement, on paving, around vegetation free surface. road furniture (eg guardfence, fences, signs and guideposts), adjacent to Maintain all beaching, paved areas and joints in culverts, bridge abutments and along pavement and kerb & channel, vegetation free. fences for which the Council is responsible. Occurrence of noxious weeds or growth covering 20% of area.

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186 ROAD MANAGEMENT PLAN 2013

TRUNK COLLECTOR ACCESS ACCESS ACCESS LANE ANCILLARY COLLECTOR STREET PLACE AREA

DEFECT INTERVENTION LEVEL

VEGETATION STREET LANDSCAPING MAINTENANCE

Presence of overgrown, damaged or Overgrowth of area interfering with road sight B 2 H 15 B 2 H 15 C 2 M 45 C 2 M 45 C 1 L 90 C 1 L 90 dead trees and shrubs, weeds, pests, distance. rubbish and spent annual plants in landscaped areas located in roundabouts, islands, thresholds, road closures.

STRUCTURES BRIDGE MAINTENANCE

Bridge components showing: (a) Clear and clean when any accumulation of C 3 H 15 C 2 M 45 D 2 L 90 D 2 L 90 D 2 L 90 D 2 L 90 material causes interruption to the escape of (a) accumulation of debris on drainage water, or the operation of expansion deck, footway, expansion joints. joints, scuppers and

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187 ROAD MANAGEMENT PLAN 2013

TRUNK COLLECTOR ACCESS ACCESS ACCESS LANE ANCILLARY COLLECTOR STREET PLACE AREA

DEFECT INTERVENTION LEVEL

downpipes; (b) and (c) Other defects as defined in the D 2 L 90 D 2 L 90 D 2 L 90 D 2 L 90 D 2 L 90 D 2 L 90 (b) accumulation of dirt on VicRoads Bridge Inspection Manual, Section 2.6.2 superstructure and “Site Inspection”. substructure and vegetation growing in and around bridge;

STRUCTURES BRIDGE REHABILITATION

Bridge components require Defects identified in Level 2 Bridge Condition Refer to Capital Works Program maintenance or repair treatments. Inspections or Level 3 Detailed Engineering Inspections as described in VicRoads Bridge Inspection Manual, Section 3.5.2 “Site Inspection” or Section 3.5 “Inspection Procedure”, that cannot be rectified by routine maintenance.

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188 ROAD MANAGEMENT PLAN 2013

TRUNK COLLECTOR ACCESS ACCESS ACCESS LANE ANCILLARY COLLECTOR STREET PLACE AREA

DEFECT INTERVENTION LEVEL

OPERATIONAL SERVICING EMERGENCY RESPONSE

Emergency incidents including Event is detected or made known. A 5 E 4hr A 5 E 4hr A 5 E 4hr A 5 H 4hr B 5 E 1 B 5 E 1 flooding, fires, storms, traffic accidents, defects, where the safety of the public or protection of the asset is in immediate jeopardy.

OPERATIONAL SERVICING LITTER COLLECTION

Road and roadside litter or debris Debris or litter is a safety or health hazard B 3 H 5 B 3 H 5 B 3 H 5 B 3 H 5 B 3 H 5 B 3 H 5 (including dead animals).

OPERATIONAL SERVICING ELECTRICAL HARDWARE

Damage to traffic signals, street Damage is detected or made known. B 3 H 10 C 3 H 20 C 3 H 20 C 2 M 45 D 2 L 90 C 2 M 45 lighting, or any other electrical devices. Damage results in exposed electrical cable capable A 5 E 4hr A 5 E 4hr A 5 E 4hr A 5 E 4hr A 5 E 4hr A 5 E 4hr of causing electrocution

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189 ROAD MANAGEMENT PLAN 2013 PATHWAY INFRASTRUCTURE

PRIMARY LOCAL OTHER SHOPPING SHOPPING PATHWAY AREA AREA & HIGH USAGE AREA DEFECT INTERVENTION LEVEL

Likelihood LevelRisk Likelihood LevelRisk Likelihood LevelRisk Consequences Consequences Consequences Response Time Response Time Response Time

PATHWAY SEALED PATHWAY

Defective paved areas that are a Level difference between slabs > 15 mm. B 2 H 15 C 2 M 45 hazard to pedestrians. Level difference between slabs > 20 mm. D 2 L 90

Cracks > 10 mm wide and > 1 m long; B 2 H 15 C 2 M 45 D 2 L 90

Mounding or depressions are >80 mm under a 1.2 m straightedge

Where Pathway Condition Rating is 7; or Refer to Capital Works Program.

Defective pathway area is > 10 sqm

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190 ROAD MANAGEMENT PLAN 2013

PRIMARY LOCAL OTHER SHOPPING SHOPPING PATHWAY AREA AREA & HIGH USAGE AREA DEFECT INTERVENTION LEVEL

Likelihood LevelRisk Likelihood LevelRisk Likelihood LevelRisk Consequences Consequences Consequences Response Time Response Time Response Time

PATHWAY UNSEALED PATHWAY

Defective paved areas. Distress > 50% of footway area with: D 2 L 90 D 2 L 90 D 2 L 90

Potholes, scouring or roughness > 100 mm depth measured with 1.2 m straightedge

PATHWAY PEDESTRIAN FURNITURE

Defective or vandalised pedestrian Inspection reveals repair is required. B 1 M 45 C 1 L 90 D 1 L 180 furniture including median and pedestrian fences and handrails, street seats and bus shelters.

VEGETATION WEED TREATMENT

Weeds growing on paving, and Weed growth appears. C 2 M 45

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191 ROAD MANAGEMENT PLAN 2013

PRIMARY LOCAL OTHER SHOPPING SHOPPING PATHWAY AREA AREA & HIGH USAGE AREA DEFECT INTERVENTION LEVEL

Likelihood LevelRisk Likelihood LevelRisk Likelihood LevelRisk Consequences Consequences Consequences Response Time Response Time Response Time around road furniture (eg guardfence, Weed growth detracts from appearance of C 2 M 45 fences, signs and guideposts). pathway.

Weed growth creates a tripping point > 20 mm in C 1 L 90 height or by other means becomes a hazard to pedestrians.

VEGETATION TREE AND SHRUB MANAGEMENT

Trees and shrubs over footpaths Growth impacting on pedestrian movement C 1 L 90 D 1 L 180 E 1 L 360 present a danger.

VEGETATION STREET LANDSCAPING MAINTENANCE

Presence of overgrown, damaged or Overgrowth of area interfering with pedestrians, or C 1 L 90 D 1 L 180 E 1 L 360 dead trees and shrubs, weeds, pests, adjacent paved areas. rubbish and spent annual plants in landscaped areas located on pathways.

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192 ROAD MANAGEMENT PLAN 2013

APPENDIX 2 INSPECTION FREQUENCY Comment [KVH8]: Please review frequency of inspections and note Inspection frequencies for Council managed road assets are listed below: changes to Bridge & Shared pathways

ASSET TYPE INSPECTION INTERVAL

CONDITION ROUTINE MAINTENANCE

Road Pavement - Trunk Collector At least every 4 years At least 2 monthly (Day-time)

At least 12 monthly (Night-time)

Road Pavement - Collector Road At least every 4 years At least 4 monthly (Day-time)

At least 12 monthly (Night-time)

Road Pavement - Access Street At least every 4 years At least annually

Road Pavement - Access Place At least every 4 years At least annually

Road Pavement - Access Lane At least every 4 years At least annually

Kerb & Channel At least every 4 years At least annually

Night Inspections – Trunk At least annually Collector, Collector

Bridges – Level 1 (Routine At least annually Maintenance Inspection)

Bridges – Level 2 (Road Structure At least every 4 years Condition Inspection)

Footpaths – Primary Shopping At least every 4 years At least quarterly Area

Footpaths – High Usage Area At least every 4 years At least annually

Footpaths – Other Pathways At least every 4 years At least every 3 years

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193 ROAD MANAGEMENT PLAN 2013

ASSET TYPE INSPECTION INTERVAL

CONDITION ROUTINE MAINTENANCE

Shared Pathway – Major ???? ????

Peninsula Link; Beach Bike Trail; Long Beach Trail and Dingley Arterial

Street Furniture At least every 4 years At least annually

Road Drainage – Trunk Collector At least annually / Collector. (includes low point pits / known problem areas)

Road Drainage – Other At least 2 yearly (includes low point pits / known problem areas)

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194 ROAD MANAGEMENT PLAN 2013 APPENDIX 3 - ASSET INSPECTION DETAILS

Inspection Purpose Reporting Requirements Type

Routine (Defect) Inspection undertaken in accordance with A record of each street/road is to be Inspection a formal inspection schedule to identify completed detailing the name of the defects and to determine if the road asset inspector, the inspection date and complies with the levels of service street/road name and a description of the specified in Appendix 1. defects found that have reached the specified intervention levels defined in Appendix 1

Record any street/road inspected where no defect was found following the inspection.

Reactive Inspection undertaken in response to a Record specific defect, time first reported, (Safety) customer request or field staff to date inspected, inspector name, Inspection determine (a) whether the asset is the subsequent action, and completion time. responsibility of Council (b) whether the defect exists and (c) whether it has reached the levels of service specified in Appendix 1.

Emergency Request indicates that the defect presents and immediate threat of personal injury or property damage to members of the public.

Incident Carried out to comply with the Formal Incident Condition Report Inspection requirements of the Road Management required, as described. Act (Division 5 – Claims Procedure, Clause 116);

Incident condition report for potential use in future legal proceedings

Condition Inspection undertaken to determine the For condition inspections the inspection Inspection condition of the road and footpath sheet details include a general condition network. rating for the asset based on a 0 (New)- 10 (Unuseable) rating. Condition Inspection considers structural integrity and remaining life of the asset Required for asset management recording and used to prioritise / program longer and reporting term maintenance, renewal and reconstruction works.

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195 ROAD MANAGEMENT PLAN 2013

APPENDIX 4 – BOUNDARY ROADS

BOUNDARY SECTION ADJOINING ROAD MUNICIPALITY

Charman Rd Beach Rd to Melbourne-Frankston City of Bayside railway

Learmonth Rd Thompson Rd to Wadsley Rd City of Frankston

Wadsley Rd Learmonth Rd to Mornington City of Frankston Peninsula Freeway

Eel Race Rd Valetta St to Nepean Hwy City of Frankston

Tootal Rd Heatherton Rd to proposed Dingley City of Greater Dandenong Freeway reservation

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196 ROAD MANAGEMENT PLAN 2013 APPENDIX 5 - ROAD MANAGEMENT AGREEMENTS Frankston City Letter confirming arrangements, dated 30 June 2004. (TRIM 04/40318)

City of Bayside Letter confirming arrangements, dated 30 June 2004. (TRIM 04/40362)

City of Greater Dandenong No formal arrangement

VicRoads Draft Agreement, dated 1 July 2004. (TRIM 04/41121)

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197

Ordinary Council Meeting

27 May 2013 Agenda Item No: P 75

OPEN SPACE MOWING SERVICES CONTRACT NO. 12/69

Contact Officer: Tim Ford, Horticulture Supervisor

Purpose of Report To award the Open Space Mowing Services Contract No. 12/69 to Citywide Service Solutions Pty Ltd, as a lump sum and schedule of rates contract for four (4) years with an option for Council at its sole discretion to extend the contract for two periods of two (2) years each to a maximum contract term of eight (8) years from the commencement date. Disclosure of Officer / Contractor Direct or Indirect Interest No Council officer/s and/or Contractor/s who have provided advice in relation to this report have declared a Conflict of Interest regarding the matter under consideration. Recommendation Officers recommend that Council resolves: 1. To award Contract 12/69, Open Space Mowing Services, to Citywide Service Solutions Pty Ltd, as a lump sum contract for a four (4) year period, commencing on 1 July 2013 for an initial price of $2,290,600.00p.a. 2. That the CEO or his delegated staff have the authority to exercise the option to extend Contract 12/69 for two periods of two (2) years each, subject to satisfactory performance of the contract.

1. Executive Summary The Open Space Mowing Services contract provides for the mowing of grass in Kingston’s parks, road reserves, sporting fields and other council-owned properties.

The existing contract for this service is due to expire on the 30 June 2013 and a new tender needs to be awarded to ensure the continued delivery of open space mowing services.

Seven open space mowing service tenders were received and evaluated. The Evaluation Panel ranked Citywide Service Solutions as the highest and believe they will deliver the best quality and value for money open space mowing in the City of Kingston.

2. Background The City of Kingston requires ongoing grass cutting in open space areas to ensure the amenity of Kingston’s parks and sports fields are maintained. These services have been provided under contract 06/89 at $2.35M per year and the contract is due to expire on 30 June 2013. Council therefore needs to award a new contract to continue to deliver quality open space mowing services. The scope of works for this contract requires an additional 100ha to be maintained than the contract currently in place. The price submitted by the preferred tenderer is $60k less than the current contract.

198 2.1. Brief Description of Contract Works The successful contractor is to provide open space mowing services across the municipality in parks, road reserves, sports fields and other Council-owned properties.

The works to be completed under this contract include:

• Mowing of parks, road reserves, sports fields and Council owned properties including mechanical edging, brush cutting and herbicide spraying. • Litter collection, branch collection and setting out and marking of sports ground lines. • Site inspections and reporting on defects and damage of Council assets.

The same service levels have been maintained in the new contract specification. Additional sites have been added to the scope of works in order to reflect recent changes to Council’s open space mowing requirements.

The contract is for a 4-year period commencing on 1 July 2013 until 30 June 2017, with options to extend the contract for two periods of two years at Council’s discretion. The contract is a Lump Sum contract combined with a Schedule of Rates, subject to price adjustment for rise and fall in prices (CPI).

2.2. Tenders Received Tenders were advertised on 19 January 2013 and closed on Thursday 28 February 2013. At the close of tender, seven tender submissions were received, details of which are set out in the Confidential Attachment. (Appendix 1)

3. Project Funding The services for Open Space Mowing are funded from the Parks Department operational budget.

4. Tender Evaluation Panel The tenders were assessed by: Tony Collins - Team Leader Parks Department Tim Ford - Horticulture Supervisor Nick Stafford - Consultant, Nick Stafford & Associates

5. Assessment of Tenders Seven tenders were received and were assessed in accordance with the evaluation criteria set out in Schedule 1 of the Tender Schedules and clause 5.1. Evaluation was based on Quality (40%) and Price (60%) ratio.

The tender submissions were assessed against the Qualitative Criteria, Lump Sum Price and Schedule of Rates Price with the highest scoring submission to be awarded the contract.

After evaluation of the qualitative criteria one Tenderer was disqualified from further evaluation due to failure to respond to a tender clarification. The remaining six tenderers were further assessed on Price including the Lump Sum and Schedule or rates. The two tenderers with the highest scores were then interviewed by the evaluation panel.

Citywide Service Solutions Pty Ltd obtained the highest total score on the evaluation matrix.

A detailed evaluation matrix is provided at the end of the Confidential Attachment. (Appendix 1)

199 6. Discussion 6.1. Council Plan Alignment Planned Outcome 2 – A Sustainable Environment Strategy 2.3 – Protect and enhance Kingston’s natural environment.

This report recommends the awarding of contract 12/69 Open Space Mowing Services. Awarding this contract will ensure Kingston’s parks and sports fields are maintained for sporting and passive recreational activities.

6.2. Internal Review & Operational Issues A review of the specification was undertaken with the Sports and Recreation Team, the Parks Department and the Depot Services Team to ensure all areas of Kingston’s grass cutting requirements were considered and captured in the new specification.

Open Space mowing services are vital for the community in providing uniform, safe surfaces for sporting activities and passive recreation.

7. Conclusion 7.1. Environmental Implications Fuel efficient diesel machinery will be used in order to deliver the contract. Petrol driven fleet used to delivery this contract will be fitted with fuel efficient LPG technology. Citywide Services are considering incorporating fuel efficient hybrid vehicles into their fleet. Citywide Services are committed to delivering a carbon neutral contract by offsetting 100% of the emissions generated through the delivery of the service.

7.2. Social Implications Open Space Mowing services are required to ensure grassed surfaces within our parks and sporting fields are well maintained in order to meet the community’s expectations and to ensure passive and active spaces are well used. Open Space mowing services are vital for the community in providing uniform, safe surfaces for sporting activities and passive recreation.

7.3. Resource Implications The ongoing costs of contract 12/69, Open Space Mowing Services will be met within existing Council Budget.

7.4. Legal / Risk Implications If these services were not provided, Councils sports field, parks and playgrounds would not be properly maintained. This would expose Council to a high level of risk and affect the visual amenity and of Councils open space.

8. Confidential Appendices 8.1. Appendix 1 – Confidential attachment Open Space Mowing Services Con 12/69 8.2. Appendix 2 – Tender Evaluation Summary

Author/s: Tim Ford, Horticulture Supervisor Reviewed and Approved By: Rachel Hornsby, General Manager Environmental Sustainability

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Ordinary Council Meeting

27 May 2013 Agenda Item No: P 76

COMMUNITY GRANTS PROGRAM 2013-2014 - PERCEIVED CONFLICT OF INTEREST FOR INDIVIDUAL DEVELOPMENT GRANT

Contact Officer: Mauro Bolin, General Manager Community Sustainability

Purpose of Report To present a recommendation to fund an application for an Individual Development Grant received from an employee of Kingston Council. Disclosure of Officer / Contractor Direct or Indirect Interest Council's Individual Development Grants assessment officers, Dominic McCann and Marie Brookfield, have no direct conflict of interest although they know that the applicant works at Kingston Council.

Recommendation Officers recommend that Council:

1. Endorse the Individual Development Grant application from Danielle Taylor for $250 to compete in the 2013 Australian Lifeguarding Championship.

1. Executive Summary

There are a high proportion of Kingston Council staff members who are also residents of the City of Kingston, resulting in a high likelihood that Individual Development grant applicants may have a close association with Council. Under this circumstance, an Individual Development Grant application has been received by Council employee, Danielle Taylor, for $250 to support her participation in the 2013 Australian Lifesaving Championship. (See Confidential Appendix 1)

In accordance with Council policy to ensure an open process and to address any real or perceived conflict of interest, this application to the Individual Development Grants program is presented to Council for its consideration and resolution. .

201 2. Background

The City of Kingston’s Individual Development grants are offered to individuals in the areas of arts and culture, sports and recreation, academic achievement and environmental or humanitarian initiatives. In the 2012-2013 funding period 91 applications have already been received, with 70 successful, 12 declined, 2 withdrawn and the remaining 7 currently being processed.

The grant application may have a real or perceived conflict of interest as Danielle Taylor is currently employed as a swim teacher at Don Tatnell Leisure Centre.

The grant application has been assessed by the Community Grants and Networks Officer, the Co-ordinator Community Wellbeing and the process has been reviewed by the Team Leader Community Engagement. The assessment is deemed to meet the Individual Development Grants’ criteria in the Sport and Recreation category, (see Appendix 2), as follows:

Criteria Compliant Comments

Permanent resident of  Resident of Chelsea. Kingston

Emerging sportsperson  Performing in Lifesaving Championships at a National level

Participating as an  Mordialloc Lifesaving Club individual or as part of a team or group in the development activity Selected to represent  2013 Australian Life Saving Championships Victoria

3. Discussion

3.1. Council Plan Alignment

This report relates to the Council Plan 2009-2013 Goal 3 – Healthy, Strong and Connected Communities and in particular Strategy 3.2 – Promoting strong, cohesive and engaged communities with a sense of civic pride and participation.

3.2. Consultation/Internal Review

The application has been assessed for eligibility at officer level against the guidelines and reviewed by the Team Leader Community Engagement. The application meets the Individual Development Grants criteria. Assessing officers have declared no conflict of interest although the applicant is a Council employee.

3.3. Operation and Strategic Issues

3.3.1. Transparency

Funding disbursed to Council staff may be perceived by some rate payers as a conflict of interest so it has been important that the assessment processes have been clear and transparent. Consequently, the opportunity for any claim of real or perceived conflict of interest has been minimized.

3.4. Options 202

3.4.1 Recommended That Council endorses the recommendation to fund the application as presented.

3.4.2 Alternative That Council does not endorse the recommendation to fund the application as presented.

4. Conclusion

4.1. Environmental Implications

None relevant to this matter.

4.2. Social Implications

The Individual Development Grant program demonstrates Council’s support and commitment to its stated values and to the growth and development of individual residents in the areas of the arts and culture, sport and recreation, humanitarian pursuits, and environmental endeavours.

4.3. Resource Implications

The 2012-2013 Council budget has an allocation of $29,696 for the Individual Development Grants component of the Community Grants Program. This grant application of $250 can be accommodated within the existing budget.

4.4. Legal / Risk Implications

Any potential risk implications associated with this grant application are adequately addressed through the adherence to Council policy.

5. Appendices

5.1. Confidential Appendix 1 - Application from Danielle Taylor – TRIM No: 13/32290 5.2. Appendix 2 - Individual Grants Guidelines – TRIM No: 11/99927

Author/s: Dominic McCann Co-ordinator Community Wellbeing Marie Brookfield Community Grants and Network Officer Reviewed and Approved By: Mauro Bolin General Manager Community Sustainability

203

GUIDELINES Individual Development Grants

APPLICATIONS ACCEPTED ON AN ONGOING BASIS

City of Kingston 1230 Nepean Highway Cheltenham VIC 3192

T: 1300 653 356 F: (03) 9581 4500 E: [email protected] W: www.kingston.vic.gov.au

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The City of Kingston invites individuals to make an application to the Community Grants Program for individual development activities taking place between July 2011 and June 2012.

Individuals are strongly encouraged to read these guidelines before making an application.

Multilingual services are also available for those experiencing language difficulties.

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INTRODUCTION Kingston City Council sees its purpose as working in partnership with the community to enhance the quality of life of current and future generations. Its vision is for a diverse community where all residents enjoy the benefits of a sustainable, safe, attractive environment underpinned by a thriving economy (City of Kingston Council Plan 2007-2012).

In response to this purpose and vision, and to recognise and support the community’s contribution to creating a vital and vibrant Kingston, Council provides an annual Community Grants Program comprising of:  Triennial Grants for community centres, neighbourhood houses, emergency services, community information services and advice bureaus, and other key organisations  City-wide Grants for community groups and organisations delivering activities that reach a large part of Kingston with municipal benefits  Triennial Community Event Grants for groups and organisations to host events within Kingston (Please note that the Triennial Community Event Grants has separate guidelines, these are available at www.kingston.vic.gov.au).  Village Committee Grants for community groups and organisations to deliver activities that benefit residents in a local neighbourhood area  Individual Grants to support individual development and pursuit in sports and the arts, and to acknowledge student achievement within Kingston’s school community.

Please refer to Council’s Community Grants Policy at www.kingston.vic.gov.au for more details.

WHY COUNCIL PROVIDES GRANTS Through the Community Grants Program, Council aims to support community activity that:  Meets needs that we know about in the community  Makes the community stronger and more connected  Gives residents the chance to participate in a range of different activities  Helps Council to achieve its work in the community.

The Individual Development Grants specifically aim to support individuals in their pursuit of high levels of performance and development by:  Recognising the sacrifices that people make to reach significant goals  Developing local leaders and positive role models  Building a positive image of Kingston, its community and the residents who are part of it.

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ABOUT THESE GUIDELINES These guidelines refer to funding opportunities open to residents of the City of Kingston under the Individual Development Grants.

They explain the grants available, important dates, who can apply, what can and can’t be funded, how to apply, how applications are assessed and where to get more information if you are interested in making an application. Some applicants may notice some changes from previous years. These changes have been made following a review of the Community Grants Program in 2007.

While the guidelines are very useful, individuals who intend to make an application are encouraged to contact Council if they need more information by phone on 1300 653 356.

IMPORTANT DATES There is no closing date for Individual Development Grants however applications must be received at least 2 weeks prior to the planned activity. Consideration may be given if an applicant’s departure from this timeframe is reasonably necessary.

Applicants will be advised in writing of the funding decision within 4 weeks of Council receiving the application.

From the date of notification of the funding decision, successful applicants should allow approximately 30 days for a grant payment to be received, which means that funding may be received after the development activity has occurred.

Due to the above timelines, applications should be submitted as soon as possible.

GRANTS AVAILABLE Funding assistance is available to individuals in the following areas of pursuit: 1. Arts & Culture Applications will be considered for emerging and established artists and cultural workers to undertake special activities that enhance their creative and professional development at State, National or International level. Such activities may include residencies, study intensives, master classes, mentoring, conferences, or presentation of work at a significant cultural event or venue. 2. Sports & Recreation Applications will be considered for emerging and established athletes to participate in an officially recognised competitive event that has a set of rules and a code of conduct at State, National or International level.

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3. Academic Achievement Primary, secondary and special development schools within the City of Kingston will be invited to receive a grant to recognise a student’s excellence and/or achievements. Schools located on the Kingston municipal boundary with at least 40 per cent of their students drawn from Kingston will also be invited to receive funding. Students cannot apply directly to Council for this grant. These grants are provided to eligible schools who then administer the grant. Interested students or parents/guardians should contact their school for more information on school awards programs offered.

4. Environmental/ Humanitarian Initiatives Applications will be considered for individuals who undertake or participate in recognised and significant Humanitarian or Environmental initiatives for activities at a State, National or International level. Such activities may include conferences, study intensives or volunteer services to subsidise travel of not more than 60 days for qualified humanitarian service.

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FUNDING AVAILABLE Council will allocate a fixed sum as part of the 2011/2012 budget for the provision of grants on a competitive basis. Once this sum has been depleted no further applications can be considered.

Funding will be considered to the following levels:  $125 for activity at a State level within Victoria*

 $250 for activity at a National level held interstate or in Victoria*

 $500 for activity at an International level held overseas, interstate or in Victoria*

 $165 for student achievement.

* A further 20% funding consideration may be made for applicants who demonstrate financial hardship through a Centrelink-issued Health Care Card or Pensioner Concession Card.

As a guide, Council distributed $31,731 in Development Grants in 2010/11 between 138 recipients.

FUNDING PRIORITIES Applications are encouraged and will be highly regarded from:  Emerging and established artists and cultural workers  Sportspersons with a disability or from culturally and linguistically diverse backgrounds  Applicants that are affiliated with a Kingston-based club or group in their field of pursuit  Individuals who have previously not received an Individual Development Grant.

WHO CAN APPLY? Applications are invited from individuals who are:  Permanent residents of the City of Kingston  Participating as an individual or as part of a team or group in the development activity  Able to demonstrate a record of achievement and practice in their field of pursuit  Covered by adequate insurances  Representing Victoria/Australia in a recognised State/National/International competition or that is recognised by a relevant professional body (Sport & Recreation requests only)  Engaging in an activity that is recognised by a relevant State/National/International professional body or institution, or engages with an established professional artist that has made a recognised and significant contribution to their practice (Arts & Culture requests only).

Only one application can be supported per individual in any one financial year.

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In addition, please note that the following are not eligible to make an application:  Teams, community groups or organisations (eligible individual team members can make an application. Community groups or organisations should refer to the City-wide Grants and Village Committee Grants for available funding opportunities).  Individuals who are not permanent residents of the City of Kingston.

Consideration may be given if an applicant’s departure from eligibility criteria is reasonably necessary.

WHAT CAN YOU APPLY FOR? Applications can seek funding assistance to help cover costs associated with the development activity that are not covered by any other means, limited to:  Travel requirements  Accommodation  Activity registration or entry fees  Purchase or hire of equipment or materials required to compete or participate in the development activity  Transportation of equipment or materials.

In addition, please note that the following types of requests are ineligible for support:  Costs that are being covered by, or considered the responsibility of another involved party  Daily costs such as food, beverages, personal products and accommodation on-costs  New equipment or materials not directly related to being able to compete or participate in the development activity  Non-competitive sports activity such as training camps and coaching clinics  School, TAFE or university fees or scholastic materials  Publishing, promotion or distribution of CDs, DVDs or writing works  Website development or maintenance  Insurance  Development activity that occurs before Council has received an application.

HOW APPLICATIONS ARE ASSESSED All applications are assessed and approved at Council officer level, and are considered on their merit using the following assessment criteria: 1. Applicant meets standard eligibility criteria 2. Level and location of the activity 3. Demonstrates achievement and development potential in their field of pursuit 4. Level of assistance from other sources 5. Evidence of financial hardship limiting ability to participate and realise their full potential.

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Assessment may also consider if the applicant has previously received an Individual Development Grant. The assessing Council officer may also discuss an application with fellow officers and/or seek further information from the applicant or relevant professional/event body.

Once a funding recommendation is formed, Council will contact the applicant in writing to communicate the funding decision.

OTHER GENERAL INFORMATION  Council will acknowledge the receipt of all applications in writing.  Council’s funding decisions are final.  Individuals can only receive one grant per financial year running from 1 July to 30 June.  The activity start date will determine the financial year that applies for assessment. For instance, an activity held 29 June to 2 July 2012 would be assessed as part of 2011/2012 grants.  Payment of a grant will be made by cheque in the name of the applicant.  Successful applicants will need to enter into a Funding Agreement, which outlines the conditions under which the grant will be made available.  Funding is released once Council’s Finance Department has processed a cheque requisition, taking approximately 30 days.  Funding will not be released if an applicant owes money or a previous grant report to Council.  Successful applicants will need to acknowledge Council’s support.  Successful applicants will need to report on the spending of the funding received (acquittal).  Council may, at its discretion, promote the recipients of grants to the community.  Council may make funding conditional on other specific conditions being met.  Funding is not automatic on application. All requests are subject to consideration.

MAKING AN APPLICATION Applications are accepted on an ongoing basis but must be received at least 2 weeks prior to the planned development activity. Consideration may be given if an applicant’s departure from this timeframe is reasonably necessary.

Applications received after the activity has occurred will not be accepted.

Applications are to be made on the form provided, available from the City of Kingston:  Download at www.kingston.vic.gov.au/grants  Visit a Kingston Library or Customer Service Centre  Call 1300 653 356 to have a form posted to you.

Typed and handwritten applications are accepted. If you are handwriting your application, please print clearly and use black or blue ink.

To be eligible for assessment, applications must be fully completed with all questions answered and documents attached where requested.

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Attachments required for an application  Copy of letter received from the affiliated body, professional institution, or event organisers (as appropriate) as evidence of selection/acceptance into the development activity. NB. Copy of completed registration/entry form will not be accepted as evidence of selection.  Copy of Centre-link issued Health Care Card or Pensioner Concession Card if seeking an additional 20% funding consideration.

Applications will be accepted by:  Post Individual Development Grant Application City of Kingston PO Box 1000 Mentone VIC 3194  Hand delivery City of Kingston Head Office 1230 Nepean Highway Cheltenham  Email [email protected] (Subject field: Individual Development Grant Application) NB. Must include all required attachments.

Faxed, late or incomplete applications will not be accepted for assessment.

HELP AND ADVICE In addition to these guidelines, Council officers are available to provide further assistance by phone on 1300 653 356 or on the corresponding Language Line (see page 1 of these guidelines).

If you would like to speak to a Council officer in person about your application, we suggest calling the Council prior to your visit to arrange an appointment.

2128 of 7 Ordinary Council Meeting 27 May 2013 Agenda Item No: P 77

Contract No. 12/35 : PROVISION OF CLEANING SERVICES AT 1230 NEPEAN HIGHWAY, CHELTENHAM

Contact Officer: Steve Lewis

Purpose of Report The purpose of this report is to seek Council approval to award Contract 12/35 Provision of Cleaning Services at 1230 Nepean Highway Cheltenham.

Disclosure of Officer / Contractor Direct or Indirect Interest No Council officer/s and/or Contractor/s who have provided advice in relation to this report have declared a Conflict of Interest regarding the matter under consideration. Recommendation That Council :

1. Award Contract 12/35 – Provision of Cleaning Services at 1230 Nepean Highway Cheltenham to Shining Knight Facility Services Pty. Ltd. for an initial contract period of three (3) years at the fixed annual lump sum cost of $152,300.00 (ex GST), with additional CPI increases in accordance with the annual rate as defined by the Australian Bureau of Statistics to be applied during year 2 and year 3 of the contract period.

2. Notes that additional ad-hoc cleaning and purchase of consumables will be undertaken on an “as and when” required basis using a Schedule of Rates included within Contract 12/35 – Provision of Cleaning Services at 1230 Nepean Highway Cheltenham and that these costs will be in addition to the lump sum contract sum.

3. That the Chief Executive or delegate be delegated authority to exercise the options within the contract to extend the contract for up to an additional two extension periods of 2 years each (i.e. for a maximum of seven years), subject to satisfactory ongoing performance of the contractor.

1. Executive Summary This report seeks Council approval to award a contract for the provision of routine and ad hoc cleaning services at the 1230 Nepean Highway Kingston City Council Office building, incorporating APT tenanted floors, for a period of at least three (3) years, commencing on 1 July 2013. Contained within the tender specification are the options to extend the contract for up to an additional two extension periods of 2 years each (i.e. up to a total of seven years), at the sole discretion of Council.

2. Background Following the purchase of the 1230 Nepean Highway building during late 2010, an interim agreement with the cleaning company employed by the previous owner (Mermaid Property Services Pty Ltd.) was put in place by Council and APT to ensure continuity of cleaning services for the building.

213 Trim: 13/34536 Subsequently, Council officers have now had opportunity to work with colleagues from APT on the development of a comprehensive cleaning specification for the entire building. Tenders have been sought jointly for this work between Council and APT and, subject to approval by Council, separate mirror contracts will be put in place with the appointed cleaning company and formal notification will be given to the current provider, whose contract will terminate on June 30, 2013.

3. Brief Description of Contract Works

3.1 Council Plan Alignment

Goal 1 – Infrastructure for a Safe and Active Community

Strategy 1.1 – Sustainable assets that balance investment and community expectations to provide a high level of community benefit today and into the future. The 1230 Nepean Highway building is Council’s main service and administration centre to the Kingston community and its maintenance and upkeep is the key to providing the community with a high level of service now and into the future.

3.2 Scope of Works

The tendered works are for the provision of cleaning services at 1230 Nepean Highway building, Cheltenham for an initial 3 year period with the option, solely at Council’s discretion, to extend the contract for up to a total of 7 years, subject to satisfactory on-going performance.

The required work for Council includes:-

• routine cleaning of 1230 Nepean Highway, Cheltenham (e.g. carpet vacuuming, cleaning of toilets, bin collection, dusting); • “ad-hoc” cleaning of 1230 Nepean Highway, Cheltenham (e.g. carpet cleaning, interior window cleaning); • routine cleaning of all “common areas” (i.e. toilets and lift lobbies) located on tenanted floors three & four; • routine cleaning of the multi deck car-park on Railway Avenue; and • supply of consumables, e.g. toilet rolls, cleaning materials, etc.

The appointed contractor will be required to:-

• provide all labour, plant, equipment, materials and consumables necessary to perform the duties; • conduct all cleaning activities so as to not inconvenience the public or staff; and • provide a comprehensive cleaning service and to report any maintenance, vandalism or damage issues to the Council.

In addition, the tender specification includes for a separate “schedule of rates” that, from time to time, will be used by Council to obtain pricing from the appointed contractor to perform special additional cleaning services outside the term of the main contract. This work will be undertaken on an “as and when” required basis and will be funded separately by Council.

3.3 Consultation/Internal Review

214 Trim: 13/34536 A comprehensive and explicit cleaning specification for the building has been developed in consultation with relevant officers and senior management and with APT’s management over the last year. This has been used to obtain tenders for the supply of cleaning services to the building for both Council and APT.

4. Tenders Received An open tender process was used and a formal Request for Tender was advertised in The Age on December 8, 2012. The closing date for tenders was set for 2.00pm on 17 January, 2013. By the closing date, a total of twenty three tender submissions had been received.

5. Tender Evaluation Panel The tenders were assessed by a Tender Evaluation Panel made up from the following officers:-

• Team Leader Programmed Maintenance • Team Leader Library Operations • Major Building Facilities Maintenance Officer

Further technical/administrative support and procedural advice has been provided by Council’s Procurement Department. The probity of the process was also reviewed and evaluated by the Acting Manager Procurement and Contracts.

6. Assessment of Tenders

The criteria used to evaluate the tender submissions received were:

(i) Tender Price

(ii) Past performance

(iii) Reference Checks

(iv) Proposed organizational set up and capacity to deliver the requirements of Council’s tender specification

(v) Compliance with Council’s OH&S Policies/Procedures

(vi) Compliance with Council’s Environmental Policies/Procedures

A multi-stage assessment process, involving a number of interviews and presentations was used to determine the most economically advantageous contractor for Council.

A copy of the tender assessment matrix for this contract is attached for information as a confidential appendix in Attachment 1 of this report.

7. Operation and Strategic Issues

7.1 Project Budget

Funding of Contract 12/35 – Provision of Cleaning Services at 1230 Nepean Highway Cheltenham will be accommodated from within the Community Buildings’ Departmental operational building maintenance budgets for 2013/14 onwards. The total budget allocation for cleaning at 1230 Nepean Highway in the current 2012/13

215 Trim: 13/34536 budget is $250,000. This budget is used to fund all contract cleaning, ad-hoc cleaning, purchase of consumables and exterior cleaning of the building, including windows.

It should also be noted that costs for consumables (i.e. soap, paper towels, etc.) and any special “ad hoc” cleaning services (e.g. carpet cleaning, floor buffing and emergency cleaning etc.) will be additional to the cost of this contract and separately funded from within Community Buildings’ Departmental operational building maintenance budget, on an “as and when” required basis.

Based on the expenditure during 2012/13 of approximately $15,000 for the purchase of consumables and approximately $10,000 for the provision of ad-hoc cleaning services, such as carpet cleaning, it is considered that the Community Buildings’ Departmental operational building maintenance budget for 2013/14 onwards is sufficient to accommodate the costs associated with the award of this contract and to allow the delivery of other cleaning services associated with the building, such as the collection of sanitary waste and exterior high rise window cleaning.

8. Options

Option 1 – Award the Contract 12/35 – Provision of Cleaning Services at 1230 Nepean Highway Cheltenham to Shining Knight Facility Services Pty. Ltd. for the annual lump sum of $152,300.00 (ex GST and agreed annual CPI increases, as defined by the Australian Bureau of Statistics in subsequent years) for an initial period of 3 years and that the Chief Executive be delegated authority to exercise the options within the contract to extend the contract for up to an additional two extension periods of 2 years each (i.e. for a maximum of seven years), subject to satisfactory ongoing performance of the contractor.

9. Conclusion

The tenders received for Contract 12/35 – Provision of Cleaning Services at 1230 Nepean Highway Cheltenham have been evaluated and a recommendation is being made to appoint Shining Knight Facility Services Pty. Ltd.

9.1 Environmental Implications

The successful tenderer is required by the Contract to meet Council’s environmental standards.

9.2 Social Implications

Strong emphasis on Occupational Health and Safety will have benefit for the community, staff and tenderer.

9.3 Resource Implications

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9.4 Legal / Risk Implications

There are no legal implications arising from this report or award of tender.

10. Confidential Appendices 10.1 Attachment 1: Confidential Tender Assessment Matrix - Contract 12/35 : Provision of Cleaning Services at 1230 Nepean Highway Cheltenham

Author/s: Steve Lewis (Manager Community Buildings)

Reviewed and Approved By: Mauro Bolin (General Manager Community Sustainability)

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Ordinary Council Meeting

27/05/ 2013 Agenda Item No: P 78

KINGSTON CHARITABLE FUND GRANT ASSESSMENT PANEL - COUNCIL APPOINTED COMMUNITY REPRESENTATIVES

Contact Officer: Jane Lyon - Fundraising Coordinator, Kingston Charitable Fund

Purpose of Report To inform Council of the recent community applications for the Kingston Charitable Fund Grant Assessment Panel, and to seek the Council’s formal appointment of two representatives to the panel for a two year period.

Disclosure of Officer / Contractor Direct or Indirect Interest

No Council officer/s and/or Contractor/s who have provided advice in relation to this report have declared a Conflict of Interest regarding the matter under consideration.

Recommendation That Council:

Formally appoint Paul Phillips and Lesley McGurgan to the Kingston Charitable Fund's Grant Assessment Panel, as outlined in Appendix 1 (confidential).

1. Executive Summary

The Kingston Charitable Fund Grants Assessment Panel assesses the annual grant applications submitted by Kingston charitable organisations. The Panel assesses all applications and its recommendations are sent to the Lord Mayor’s Charitable Foundation Board for final approval.

Four nominations were received for the two community representative positions on the Kingston Charitable Fund Grants Assessment Panel. They have been assessed against the selection criteria, and this information forms Appendix 1 attached.

While all four applicants were exceptional, and would be an asset to the Grants Assessment Panel, two applicants are being recommended for the positions as per Appendix 1 (confidential) due to their community and business networks.

218 2. Background

Council approved the establishment of the Kingston Charitable Trust (now the Kingston Charitable Fund) at the Ordinary Council Meeting on 15 June 2006. The Deed of Gift, which sets out the arrangements for the Kingston Charitable Trust as a sub fund of the Lord Mayor’s Charitable Fund, requires the formation of a Local Governments Grants Panel. The purpose of this Grants Panel is to make recommendations to the Lord Mayor’s Charitable Fund on an annual basis on allocations of grants to local Kingston charities.

Since the formation of the Trust, over $750 000 has been accumulated in donations and fundraising. These funds are the basis for our annual grants. The Lord Mayor’s Charitable Fund will advise of the income available for distribution for this year’s grants at the end of July.

The Grants Assessment Panel consists of:

• The Mayor • One elected Councillor (Cr Staikos as appointed at Ordinary Council Meeting 26 November 2012) • The Chief Executive Officer • One representative appointed by the Lord Mayor’s Charitable Foundation • Two community representatives appointed by Council

Every two years, two community representatives are appointed to the Grants Assessment Panel. In March this year, Council called for expressions of interest for community Grants Panel members. The Expression of Interest period was open from 4 - 22 March, and advertised in the Mordialloc-Chelsea and Moorabbin Kingston Leader newspapers. Promotion was also undertaken via the Kingston website and media release. Existing community networks within the Kingston Charitable Fund, Community Engagement and Living Kingston 2035 Reference Panel were also notified.

Four applications were received for the two positions.

3. Discussion

3.1. Council Plan Alignment The distribution of grants to Kingston community groups through the Kingston Charitable Fund is consistent with Goal 5 – Efficient and Innovative Stewardship of the Organisation and Resources: 5.1.6 Develop partnerships with the community through sponsorship and the Kingston Charitable Trust. . 3.2. Consultation/Internal Review Four expressions of interest were received for the two community representative positions.

Two of the applicants have a longstanding relationship with the Kingston Charitable Fund, whilst two applicants were new to the Fund. An informal meeting took place between the Manager of Communications and Public Affairs, the Fundraising Coordinator of the Kingston Charitable Fund and the two new applicants, to discuss the positions in further detail, to ensure they had the availability to meet the requirements of the Grants Assessment Panel.

All applications were assessed in accordance with the selection criteria as set out in Appendix 1 (confidential). Based on this, all applicants were seen to be exceptional candidates. Selection criteria for the panellists is attached see Appendix 1 (confidential).

3.3. Operation and Strategic Issues 3.3.1. Potential Conflict of Interest One applicant, holds a paid position with a not for profit organisation within the City of Kingston. The position involves the preparation and acquittal of grants. 219 Historically, this charity has applied for grants from the Kingston Charitable Fund. Council has clear processes in place to manage any conflict.

This charity may seek funding and donations from the same sources approached by the Kingston Charitable Fund.

3.3.2 Building Community Networks

Growing the community involvement and establishing new networks is an important and necessary step in the future and continued growth of the Kingston Charitable Fund. This growth can be achieved with the strategic appointment of people who have demonstrated these networks and connections.

4. Conclusion

Following the call for expressions of interest for two community representatives to sit on the Kingston Charitable Fund Grants Assessment Panel, four nominations were received. All applicants would be suitable for appointment, and an asset to the panel. Officers recommend the appointment of Paul Phillips and Lesley McGurgan as per Appendix 1 (confidential).

The recommendations take into account the need to build the community networks of the Fund, whilst also ensuring panellists have a firm grasp on grant making and philanthropy.

4.1. Environmental Implications Non applicable

4.2. Social Implications The Kingston Charitable Fund Grants recognise the contributions made to improving the quality of life in the municipality by local charitable organisations. They not only encourage the applicants to continue their good work but also inspires and motivates other members of the community to do the same. Therefore the community representatives on the panel need to reflect these values.

4.3. Resource Implications The cost of advertising was delivered through existing resources. The two positions on the Grants Assessment Panel are honorary, with no resource implications to Council.

4.4. Legal / Risk Implications Non applicable

5. Appendices

5.1. Appendix 1 – Candidate Responses to Selection Criteria (confidential)

Author/s: Jane Lyon, Fundraising Coordinator - Kingston Charitable Fund, Festivals and Events. Reviewed and Approved By: Anthony Basford, (Acting) General Manager, Organisational Development and Governance

220 Ordinary Council Meeting

27 May 2013 Agenda Item No P 79

MARCH 2013 QUARTERLY REPORT ON COUNCIL PLAN PROGRESS

Contact Officer: Louise Barren, Program Leader Organisational Planning and Performance

Purpose of Report To present the 2009/13 Council Plan year to date Quarterly Performance Report as at March 2013.

Disclosure of Officer / Contractor Direct or Indirect Interest Nil Recommendation That Council note the 2009/13 Council Plan year to date Quarterly Performance Report as at March 2013.

1. Executive Summary

This is the second year to date Quarterly Performance Report (the Report) for the Council elected in October 2012. The Report format includes Action Performance, Success Indicator Performance, Budget Performance and Capital Project Performance by Program area. An outline and definitions of how to interpret meaning for this Report can be found at the beginning of the Report on page 2. The Report highlights achievements against the outcomes and strategies of the Council Plan. Of the 180 Actions reported on, 12 have been completed, 152 are on target (of which 26 actions are ahead of schedule), 1 has been slightly delayed, and 15 actions have achieved less than 70% of the target expected at this stage of the year. All actions where delays have been experienced have been included in the challenges sections in 3.3.1 with details relating to reasons why projects have been delayed and revised completion dates where they are known. In relation to the performance of the 103 Success Indicators, 67 are meeting or exceeding the expected result, 15 are within the tolerance of the target, and 21 are outside the expected target result. Explanations are provided in the attached Year to Date Quarterly Performance Report. The Standard Financial Statements for the year to March 2013 are also attached to this report.

221 2. Background The 2009/13 Council Plan was endorsed by Council on 16 June 2009 and most recently updated in June 2012. The Council Plan sets out Council’s four year vision under five outcome areas, associated strategies and success indicators. This Report provides the year to date progress against each of the strategies of the Council Plan to March 2013.

3. Discussion

3.1 Council Plan Alignment The Report provides a year to date quarterly update to Councillors and the Community of the progress of actions success indicators, budget and capital works performance in delivering the Council Plan.

3.2 Consultation/Internal Review Content and commentary in the Report has been prepared by relevant managers. The Report will be available to the community on Council’s website.

3.3 Operation and Strategic Issues During the third quarter of 2012/13, significant progress has been made against the outcomes of the Council Plan.

On the basis of Department, the following tables show the progress of actions and success indicators as at the end of March 2013.

Table 1: Action Progress

Department # Actions Completed Ahead of On Slight Off track (less target target delay than 70%) AccessCare Southern 4 0 2 2 City Development 3 0 0 3 0 0 City Strategy 14 1 10 3 Communications & Public Affairs 12 1 10 1 Community & Aged Care Services 22 4 17 1 Community Buildings 9 6 3 Customer Service & Performance Planning 5 1 4 Economic Development 9 1 7 1 Family, Youth & Children's Services 8 8 Financial Services 5 5 Governance 4 1 2 1 Information Services 7 5 2 Infrastructure 17 3 1 13 Library & Education Services 6 6 Parks, Recreation & Depot Services 33 5 4 19 5 People & Culture 7 1 4 2 Procurement & Contracts 3 3 Property, Arts & Leisure Services 6 6 Statutory Education & Compliance 6 2 3 1 Total 180 12 26 126 1 15 Percentage 100.0% 6.7% 14.4% 70.0% 0.6% 8.3%

222 Table 2: Success Indicator Progress

Department # Success Green Amber Red Indicators AccessCare Southern 5 4 1 City Development 8 4 4 City Strategy 4 2 2 Communications & Public Affairs 13 7 2 4 Community & Aged Care Services 9 4 2 3 Community Buildings 4 4 Customer Service & Performance Planning 3 1 2 Economic Development 1 1 Family, Youth & Children's Services 10 9 1 Financial Services 2 2 Governance 0 Information Services 6 3 3 Infrastructure 10 6 2 2 Library & Education Services 3 2 1 Parks, Recreation & Depot Services 7 5 1 1 People & Culture 5 4 1 Procurement & Contracts 2 1 1 Property, Arts & Leisure Services 6 3 1 2 Statutory Education & Compliance 5 5 Total 103 67 15 21 Percentage 100.0% 65.0% 14.6% 20.4%

Some of the specific highlights and challenges have been noted below.

3.3.1 Highlights and Challenges

Outcome 1: Infrastructure for a Safe and Active Community

Highlights

1.1.1.6 Work to ensure statutory compliance for Councils habitable buildings (95% complete). Community Buildings Emergency management plans have now been prepared for all buildings where Council has paid staff present. These have now been installed at all relevant buildings during February 2013 and training for fire wardens, etc based on the new Australian Standards are currently under way and well progressed.

1.1.1.8 Implement the National Asset Management Framework (100% complete). The National Asset Management Assessment Framework questionnaire was updated and submitted in October. Improvements to our scorecard largely reflect advances associated to the implementation of the Asset Management System. MAV is encouraging all Councils to achieve "Core Maturity." Kingston

223 is expected to be 90% or better by Dec 2013. A full report was presented to CIS in March 2013.

1.1.2.5 Deliver an annual capital building programme for council buildings (85% complete). Community Buildings Works are progressing ahead of schedule for 2012/13 capital programme with advanced design work enabling projects to be committed early in the financial year. During the March quarter, the Chelsea Activity Hub was completed and is currently in full use, and renewal work was completed at the Mentone Bakery Museum in Mentone. Work also commenced during January on the $3.2 million pavilion project at Edithvale reserve.

1.1.3.2 Implement Bonbeach Sports Reserve Master Plan (100% complete). Parks, Recreation and Depot Services New Turf cricket wicket has been installed on Oval No 1. Tenant cricket club utilised new turf pitch from February onwards.

1.2.5.2 Playground renewal program – Friendship Square (100% complete). Parks, Recreation and Depot Services Public consultation for a new playground and park improvement work started in August, 2012. Consultation concluded in September, 2012 with the final, revised landscape concept plan distributed in November, 2012. Construction was completed in February, 2013.

1.3.1.7 Identify and secure external funding to support the renewal and replacement of out-dated community facilities (90% complete) Community Buildings During the March quarter, Life Saving Victoria have confirmed, in principle, that they are prepared to contribute up to $1 million towards the construction of the proposed Mordialloc LSC building, subject to final design and other funding being in place. Approximately $60K of funding was also secured from State Government in February 2013 for the creation of a ‘Men’s Shed’ at Keeley Park.

1.4.1.2 Advocacy for Dingley Bypass and Mornington Peninsula Freeway (100% complete) Infrastructure The Dingley Bypass project has commenced and advocacy is complete. The detailed design is in progress. To ensure the short, medium and long term interests of the Kingston community are being adequately catered for, Council needs to increases resources, particularly within Infrastructure but also within other parts of the organisation. In 2012 VicRoads commenced a 12 month study of feasibility of the Mornington Peninsula extension. Council is continuing to assist VicRoads with that review, as appropriate. The latest advice from VicRoads is that the findings of this study are likely to be available within a few months.

1.4.3.1 Review Road Safety Strategy objectives (100% complete) Infrastructure A review of planned actions has occurred, with some actions meeting and some exceeding goals. The next annual review of actions will occur when the 2012 crash data is available, which is likely in the 3rd quarter of the calendar year.

224 Success Indicator Performance: Community Buildings The percentage of Community Buildings capital budget contractually committed supports the delivery of projects ahead of schedule with 99% committed compared to the expected target of 75%.

Challenges

1.2.5.1 Playground Renewal Program - Dolomore Reserve (75% target; 20% complete – project deferred) Parks, Recreation and Depot Services Landscape concept plans have been prepared for a new play space and picnic area at Dolomore Reserve, however, construction has been postponed until 2013/2014 financial year in order to undertake works at The Grange Reserve in Clayton South. It is proposed to undertake public consultation in October, 2013 with construction anticipated to commence in March, 2014. The Dolomore Reserve adult fitness equipment was identified as being unsafe during an audit and has been removed, it will be replaced as part of the playground renewal in 2013/2014.

1.2.5.3 Playground renewal program – Gerry Green Reserve (75% target; 15% complete) Parks, Recreation and Depot Services A draft landscape concept plan has been prepared to illustrate preliminary concepts for a new play space at Gerry Green Reserve. It was anticipated that public consultation would start in late October 2012, however, it has been rescheduled to occur during May 2013. Following public consultation which will commence in July 2013 a revised plan will be prepared with construction anticipated to commence in August 2013 and completed by December 2013.

1.2.5.5 Playground Renewal Program – The Grange (75% target; 40% complete) Parks, Recreation and Depot Services Public consultation for the new play space and picnic facilities concluded in November, 2012 with the final, revised landscape concept plan distributed in December, 2012. Construction is anticipated to commence in June 2013 and completed by August 2013.

Success Indicator Performance: Infrastructure The number of kilometres of road surfacing and footpath renewal is below target. Road resurfacing will be slightly short of target by the end of the financial year due to a reduction in the 2012/13 roads and drains budget of $2 million. The footpath renewal has been also put on hold and will not meet the annual target due the reduction in the 2012/13 roads and drains budget.

Property, Arts and Leisure Services The number of leases struck/ renewed is below the expected target. However, although this target has not been achieved this quarter, a high target has been set to ensure we strive towards a higher take-up of leases by tenants. Already in 2012/13, more leases have been struck/ renewed than for the whole of 2011/12. In relation to boatshed inspections, in 2012 there were a number of damaged roof incidents in the municipality. Greater priority and resourcing has been given to undertake more intrusive surveys which have impacted on the bi-annual inspection cycle.

225 Outcome 2: A Sustainable Environment

Highlights

2.1.3.2 Progress the implementation of the Activity Centre Zone for Cheltenham, Moorabbin, Mentone and Mordialloc major activity centres (75% complete) City Development During this quarter the Council resolved to adopt the Moorabbin Activity Centre Zone Amendment and seek approval from the Minister for the amendment. The Cheltenham Activity Centre Zone Amendment was approved by the Minister for Planning this quarter.

2.1.3.7 Implement the Flood Mitigation Strategy (75% complete) Infrastructure As of the 31 March 2013, 100% of the construction budget has been committed totalling $3.6M which is above the average year's expenditure on drainage improvements. The main project is the Springs Rd major drainage improvements in Clayton South at a cost of $1.3M. In addition, significant progress has been made on flood mapping of 14 catchments during the first & second quarters of this financial year. Overall, following a significant breakthrough with Melbourne Water on identifying improvement solutions in the South Ward, the program is tracking well and is only limited by available funding.

2.1.4.2 Complete Moorabbin Arts Link (90% complete) City Strategy The footpath and bus stop upgrade on Nepean Highway has been constructed. The Arts Link pathway is also constructed. Planting and tidy up work will be completed in May 2013. A licence has been agreed with VicTrack for works to be completed on the western side of the railway line. Discussions are being carried out with Bus companies, Metro Train, adjacent land owners and other stakeholders to resolve the design for the Bus Interchange on Station Street.

2.2.2.1 Implement adopted actions from the Coastal Management Plan (75% complete) Parks, Recreation and Depot Services Continuing to fulfil objectives outlined in the CMP, including; - Protecting the coast against coastal erosion via the preparation of stage 2 of the Carrum Erosion Control (Rock) Wall, Rock Wall due to start in May. - Board walk beach access installed at Wimbourne Ave, Chelsea - Mentone Car Park and toilets have been upgraded - Continuing to work with Parks Victoria to use dredged material from Patterson River to renourish Bonbeach & Carrum Beaches - Carrum Foreshore Precinct works are on-going - Received feedback from key stakeholders regarding the Mentone Coastal Precinct. Preliminary design will now be undertaken.

Success Indicator Performance: City Strategy Community satisfaction with the Greening Our Place, Greening Kingston Events has exceeded the target of 80% with an actual result of 100%.

226 Challenges

2.1.2.1 Investigate the development of a Southland Structure Plan (75% target; 50% complete) City Strategy Direction will be required from the State Government in relation to the Project Control Group. The Project Control Group is suggested as the appropriate methodology for scoping up the governance structure for a future Southland Structure Plan. A briefing for Council will occur once direction from the State Government on the level of priority given to a Structure Plan for Southland is known. This matter is presently with the Department of Planning and Community Development to further consider the formulation of a Governance Structure that may be used to work up a Southland Structure Plan.

2.1.3.6 Develop Open Space Contributions Policy and review and respond to changes to Development Contribution Legislation (75% target; 50% complete) City Strategy Council further resolved to begin an amendment to introduce local planning policy and utilise the provisions of the Scheme to levy open space contributions. Council officers are currently undertaking further research work regarding proposals outside of activity centres and residential areas and expect that this work will be completed and an amendment initiated late April 2013. Officers are presently reviewing work undertaken by the Department of Community Development in relation to an off the shelf system for Development Contributions. Work on an Open Space Contributions Policy is well advanced and will be implemented later this year with the Planning Scheme Review.

2.1.4.4 Mordialloc: Complete Bay to Rail Concepts (Centreway Streetscape and Carpark) (75% target; 50% complete) City Strategy Council resolved in September 2012 to demolish the existing glass factory and to refer a decision on the future direction of the site to the new Council, following the October 2012 election. Discussions with the impacted landowner adjacent to the factory site are presently occurring. Tender for demolition has been sought and works will commence this following quarter. A car parking strategy is currently being developed by Infrastructure and a preliminary car park design has been undertaken. A review of best land use for the Council owned site will be completed as well as concept plans for Centreway and Owen Street. It will be a matter for the Council to consider whether or not this significant piece of infrastructure is a short or medium term planning imperative. A report will be presented to the Council in the June 2013 cycle.

2.2.2.3 Review Coastal Management Plan (75% target; 50% complete) Parks, Recreation and Depot Services Councillors were provided with information regarding the Coastal Management Plan (CMP) at CIS in March 2013. A review process is currently being constructed to ensure that the community are consulted during the review. Ministerial approval is also required as part of this process. The review has been delayed due to budget constraints and to ensure Councillors are provided with the necessary information so that they are comfortable with the process and have information in case issues arise. LivingKingston findings will be incorporated into the CMP which is expected to be completed by the second half of 2013.

227 2.2.3.1 Review Kingston’s Biodiversity Strategy (75% target; 50% complete) Parks, Recreation and Depot Services Council officers commenced an internal review of Biodiversity Strategy and advised the Climate Change and Biodiversity Reference Group. Following a Council resolution in March 2013, the review of the Biodiversity Strategy has been placed on hold and will be undertaken in the 2013/14 financial year. The Coastal Management Plan has been identified as the priority project. The Biodiversity Strategy is expected to commence early in 2014 after the Coastal Management Plan has been completed.

Success Indicator Performance: City Development Lower than anticipated number of applications completed within Statutory Timeframe, due to a high volume of complex applications being lodged during the last half of 2012. Due to the level of officer delegation, there have been an above average number of applications being brought to and / or determined by Councillors at a Planning Committee / Council Meeting, hence a longer time frame for determination. Increased Officer Delegation should assist in reducing the number of planning applications being brought to Council as should new planning process improvements when endorsed by Council. Council has issued 12 Planning Penalty Infringement Notices (PINS) so far this financial year. The more serious cases (approximately 8 since July 2012) have gone directly through to the Magistrates Court or VCAT for an outcome. The number issued is lower than anticipated, with generally higher levels of compliance, noting that Council Officers give an applicant the opportunity to comply with their planning approval before issuing a Planning Infringement Notice. Council has issued three Vegetation PINS to March 2013 which is lower than the targeted four. Proactive enforcement of Vegetation is now taking place as additional resources in the Vegetation team have been allocated to focus on the compliance of Planning permits and Local Law Vegetation permits. The number of applications lodged with an Environmentally Sustainable Design (ESD) report is lower than anticipated; there have been 8 such applications versus a year to date target of 12. As Council’s ESD advisor is now involved in a larger number of pre-application meetings, as well as actively working with developers regarding SDAPP submission requirements, it is anticipated that this will have a flow-on effect in terms of the applications lodged with ESD information over time.

City Strategy Delivery of the annual capital program to meet specified milestones has achieved 75% which is lower than the target of 90%. The reason the target was not met was due to having the design and construction process originally scheduled for the same financial year. Due to the complex nature of some of the urban based projects with issues outside the control of Council, the design and construction phases have now been split over two financial years. A four year program has been developed to address this re-scheduling to ensure targets are met in the future. In maintaining an effective and efficient statutory building service, satisfaction levels have been set at 90% while actual satisfaction was 75%. A greater focus has been placed on reviewing older building permits rather than processing new applications. Due to recent safety issues of collapsing walls (e.g. Swanston Street in the City), the community has become more concerned and as a result they are requesting a greater number of structures be inspected. This figure has

228 increased from one to 17 per week. The majority are found to be structurally sound.

Outcome 3: Healthy, Strong and Connected Communities

Highlights

3.2.1.3 Facilitate local festivals and events which promote community involvement (75% complete) Communications and Public Affairs The delivery of both the Globe to Globe World Music Festival in January and Mordialloc by the Bay Food, Wine and Music Festival in March were successful. Globe to Globe was attended by over 7000 community members and the official launch of the Namatjira Wetlands took place alongside the program of activities.

3.2.9.1 Develop and provide professional and community based arts and cultural experiences and venue hire services (75% complete) Communications and Public Affairs Arts and Cultural Services continues to deliver a program of professional touring performances coupled with opportunities for development and participation. Attendance at all programmed events continues to be strong. This quarter saw the development and delivery of a new initiative aimed at promoting social connection need in Moorabbin whilst introducing new live music acts to the area and reaching the 30 to 45 year old demographic. The Pop Up Bar series was delivered for four nights in March to extremely positive responses.

Success Indicator Performance: Communications and Public Affairs Attendances at programmed arts events have exceeded the expected target, in part due to the more than 2,000 viewers at the Annual Artz Blitz competition.

Challenges

3.2.8.2 Develop a Kingston Animal Welfare Emergency Management Plan (75% target; 50% complete) Statutory Education and Compliance Officers now have template plan ready and have commenced research of information for consideration and inclusion. Population of the template has now commenced. However, the time line has been extended to December 2013 as more research data is required to ascertain industry best practice for emergency management and to assess if an agreement is required between Council and external service providers.

Success Indicator Performance:

Communications and Public Affairs Due to weather conditions at Mordialloc by the Bay, attendance numbers were reduced and elements of the program could not be delivered. Overall community feedback was positive but there were some challenges with the vendors who attended. The target satisfaction level was 80% while the actual result was 70%. Attendance by community artists/ arts organisations at professional development programs is running at 100, below the target of 185. However, there were no Schmooze forums or Toolbox professional development programs held during this quarter.

229 Parks, Recreation and Depot Services A higher than average number of non urgent requests has resulted in an increased awareness and demand of the services available. Strategies are in place to meet this extra demand and employ agency staff to back-fill when Council staff are on leave as required. Further analysis of requests will also ensure jobs are allocated to staff with appropriate skills to maximise efficiency gains.

Community and Aged Care Services The number of unit hours for respite (HACC) was lower than the expected target. Prioritised demand for respite is being met within the context of reallocating some respite resources to meet a surge in demand for Personal Care services, which is a higher priority service. A review of the relative targets for these services will be undertaken in November 2013 for the 2014/15 financial year. The occupancy rate at Northcliffe is below target due to the unattractiveness of the building as reported to Council. This trend is expected to continue despite considerable promotional activity.

Outcome 4: A Prosperous, Innovative Business City

Highlights

4.1.1.2 Provide Economic Development Services (75% complete) Economic Development In the March quarter, the first Business Sustainability Network meeting was held. This will be an on-going bi-monthly meeting focussing on broad business sustainability issues. The Monash University IT Industry Experience Program also commenced. This program matches final year IT students with small businesses to undertake relevant IT projects identified by the business partner. Kingston's CEO Roundtable and Rising Stars Roundtable continued as did the Kingston Business Women's Network. There was also matching of new small businesses with volunteer business mentors under the Mentor Partners Program.

4.1.2.2 Provide Retail and Commercial Centre liaison (75% complete) Economic Development In the March quarter consultation was undertaken in Parkdale and Mentone shopping centres in relation to the installation of shopping centre entrance signage. This signage will be installed in May. The new Mordialloc public toilets were installed in the Centreway. The old toilets in the Woolworths carpark have now been decommissioned.

4.2.1.1 Actively participate in the South East Melbourne Innovation Precinct Initiative to help build more productive relationships between businesses and the world class research institution in the region (75% complete) Economic Development An Innovation Workshop focussed on Advanced Manufacturing Technologies was held at the Monash Biomedical Imaging Auditorium in February 2013 and a major Innovation Symposium, was held in March 2013. The theme for the Symposium was "Bridging the Gap between research and industry". A further two events are scheduled this financial year.

230 4.2.1.4 Provide Industry Development Services (75% complete) Economic Development The Economic Development team deals one-on-one with companies to resolve issues that they may have with other agencies or with Council itself. In this quarter officers have dealt with two serious electricity issues for companies. Council has also escalated its advocacy on behalf of manufacturers for access to the NBN in industrial areas.

Success Indicator Performance: Economic Development Satisfaction of participants at business education initiatives was 94% against the target of 90%.

Challenges

4.1.2.1 Implement capital upgrade in Lower Dandenong Rd/ Warren Rd shopping centre and commence design works for Charman Rd centre (75% target; 40% complete) Economic Development Council officers are waiting for United Energy's contractor - Tenix - to move the electricity pole at the Lower Dandenong Rd shopping centre. Unfortunately Council has been advised that this work has again been delayed and will now be undertaken in June. The footpath works will be tendered as soon as the pole has been moved. Council has been advised that the delay has been caused by Tenix being heavily involved in implementing recommendations emanating from the Black Saturday Royal Commission. This delay means that the Council's capital works will not be completed this financial year. Survey work will proceed on the small centre on the corner of Charman and Balcombe Rds.

Outcome 5: Community Inspired Leaders

Highlights

5.1.2.1 Undertake proactive issues management and advocacy strategies (75% complete) Communications and Public Affairs The Communications Team was involved in five programs around advocacy including: • Airport Retail Proposal - this campaign was featured in Kingston Your City and in the local press • Fire Services levy - this is an ongoing campaign as we lead up to the introduction of the collection of the levy as part of the next Rates notice • National Broadband Network – This campaign is focused on communication via Kingston Your City and the local media • Family and Children Hubs - This is a positive news story for Council however there are some concerns around sensitivities regarding the changes. The campaign has used direct mail to affected families, media and Kingston Your City to promote the development • Enterprise Agreement - The media has had some interest in the issue. The Communications team has been working closely with internal teams in dealing with the media interest in this story.

231 5.1.3.1 Support departments to promote and market council services and activities through all communications channels, internally and externally (75% complete) Communications and Public Affairs Over the past three months a range of departments have been supported to promote their services and activities, key projects include Globe to Globe and Mordialloc Festivals, Australia Day Awards and activities, Pet Expo, NBN Advocacy, Moorabbin Airport advocacy, Clean Up Australia day, Namatjira Park wetland launch, Community Grants, School holiday programs, Youth services, Pop Up Bar, Economic development events, Capital Works, Edithvale Hub, Sustainability workshops, rates instalments and Fire Services Levy. The activities have been promoted through various channels including two editions of Kingston Your City, media releases, online and social media (including for the first time an online interactive program for Mordialloc Festival), targeted publications and promotional material, council's radio hour and internal channels.

5.1.5.1 Implement and promote customer commitments (100% complete) Customer Service and Performance Planning Our Customer Commitments were sent to all residents within Kingston Council with the rates notice. Additional promotion in KYC and the website is in place. This project was handled in two phases. Phase 1 which included the creation of the commitments, all artwork and printing, the advertising of them to residents and the training of staff who were moving to the new telephone system has been completed. Phase 2 which includes the training of all other nominated staff. The initial roll out of training was linked to the implementation of the new phone system and undertaken with an external trainer. All training is now undertaken by internal staff with a focus now on directly working with departments to improve the customer experience. Additional specific training is being undertaken with the Customer Service team, as well as enhanced training to other departments such as Aged Care where significant customer contact occurs particularly over the telephones. There has been a decrease in escalated complaints over the last few months which may be a result of the greater focus on improving the customer contact experience. Further work on communicating and directly working with departments to lock in change will be a main focus for the rest of the financial year in line with the Customer Service Strategy.

5.2.3.8 Develop new 2013-17 Council Plan (80% complete) Customer Service and Performance Planning Council Plan development is well underway. Workshop with Councillors in February produced an additional goal around advocacy and areas of revised focus around the previous Council Plan goals. Draft document being presented to Councillor Information Session for feedback to determine if the priorities are reflected appropriately. Draft to progress through final refinement and then to public consultation process in late April seeking to complete the statutory processes for adoption in June.

5.2.3.11 Provide Budget and Statutory Reporting Services (80% complete) Finance The budget for 2013/14 is currently being finalised after budget meetings were conducted with Managers in February. A draft of the budget will go to Council in April 2013. The team continue to manage the day to day operations of accounts receivable, accounts payable and payroll to ensure all our statutory obligations are met. External Auditors have commenced their field work for the end of year financial audit.

232

5.2.3.12 Design and deliver the Council commencement program for the 2012/16 Council (100% complete) Governance 2012/16 Council Commencement Program has been drafted incorporating a new design that will be consistently used for all elements of the Program and other Council material. The program was provided to attendees at the VEC Candidate Information session on 18 September and to all candidates when nominating with the VEC. Since the swearing in of the new Council on 5 November, Councillors have attended 3 Councillor Welcome meetings, a tour of strategic sites and the 2 day Governance Workshop. The Councillor Portal has been established and new business cards have been designed and printed. The next stage of the Commencement Program is the Councillor Workshop 2 - Council Plan and Financial Plan to be held 3-5 February 2013.

5.2.5.3 Provision of support for all Council's procurement activities - including purchasing, tendering, contracting, probity, category management, vendor management, etc (75% complete) Procurement and Contracts A total of five tenders closed in the three months January - March 2013, for a range of services including Office Cleaning, Open Space Mowing and Marketing, Communication & Graphic Design Services. Work continues to further refine the new tender template, with further variants to be developed on an as required basis, dependent upon contract type, value and risk considerations. Advice, support and information in relation to numerous procurement related queries continues to be provided to staff on a daily basis as tendering, contracting and contract management issues arise. A significant procurement outcome has been the rollout of an entirely new fleet of Toshiba Multi Function Devices (MFDs) across all major Council sites in March 2013, with an estimated annual cost saving of approximately $125k over the previous photocopier leasing arrangements. ACTIONS STATUS % COMP PROGRESS

Success Indicator Performance:

People and Culture There has been a reduction in the number of lost time injuries where the actual number of injuries was 24 compared to the target of 33.

Customer Service and Performance Planning The percentage of customer requests actioned in line with service standards was 97.5% against a target of 90%. This has been consistently achieved with the implementation of the Customer Request System supporting overall improvements to customer care.

Challenges

5.2.2.5 Review and update strategic risk management framework and ensure appropriate risk mitigation actions are implemented and reported (75% target; 50% complete) People and Culture Draft of the strategic risk register undertaken, report required to CLG to confirm strategic risks and confirm current assessment. Operational risk review undertaken for safety risks. Methodology to be expanded further to embed operational risk review into annual business planning process. Work in this area

233 is expected to recommence in May 2013 with completion expected by the end of June 2013 in line with target.

5.2.4.1 Develop an Information Services Strategy for the next 4 years (60% target; 35% complete) Information Services The need for an Information Services Strategy was identified during an internal audit process some time ago. Development of the Strategy was put on hold due to an extended period during the 2012/13 year when the department was being managed under acting arrangements. Officers have commenced consulting with other Councils. However, the project remains on hold until the 2013/14 financial year. The timeline for completion of the Strategy is to be reviewed.

5.3.1.3 Revise current ‘People Strategy’ and implement the key actions (75% target; 50% complete) People and Culture Jul to Sep - Initial planning work has commenced on the revised People Strategy to determine structure and scope. A framework outline has been developed in consultation with People and Culture staff. Oct to Dec - No further work undertaken at this quarter due to HRIS implementation, Enterprise Agreement Negotiations, Employee Recognition Event and staff recruitment. Jan to Mar - Framework has been endorsed by CLG. No further work undertaken at this quarter due to HRIS implementation, Enterprise Agreement Negotiations, Employee Recognition Event and staff recruitment. This project is now expected to be completed by the end of the 2013/14 financial year following the priority focus on the Enterprise Agreement and other programs.

5.3.1.5 Develop and implement an internal communications and branding strategy for 'Community Inspired Leadership' (75% target; 35% complete) Communications and Public Affairs Several improvements have already been made to internal communications such as the internal staff magazine 'Connect' has been re-branded, and 'eConnect' monthly email bulletin was launched in January. Both Connect and eConnect are linked to the quarterly staff forums 'Views & Values', which have also been reformatted and branded. However, further work is required to rebrand ‘Community Inspired Leadership’. This aspect will be done in partnership with People and Culture. This work will commence in May 2013 and is expected to be completed by December 2013.

5.3.2.6 Implementation of Aged and Community Care Application (target 75%; complete 25%) Information Services Council issued a tender for the replacement of both systems at AccessCare Southern (currently using TCM) and Community and Aged Services (currently using Sharikat Khoo). A preferred provider has been identified following the tender phase but is subject to the successful implementation “in a live environment” of a mobile solution, the mobile functionality was demonstrated to officers in April 2013 during a site visit to one of the provider’s clients. However, following a change in Manager at AccessCare Southern and relevant changes in legislation, the preferred solution is again being reviewed. Further site visits are being scheduled. It is expected that contract negotiations should commence by the end of May 2013.

234 Success Indicator Performance: Customer Service and Performance Planning Punctuality for contributions has fallen significantly since the December report. The Performance Planning team will provide feedback to Managers stressing the importance of timely reporting. Departments will be encouraged to put in place measures to ensure that reporting is reallocated when responsible officers are on leave.

Communications and Public Affairs The number of communications plans developed is in response to demand from Council departments and to date 46 plans have been developed rather than the anticipated 60. Campaigns require varying levels of work from Communications. Therefore the total number of campaigns to date is not necessarily a reflection of the team's capacity.

Procurement and Contracts The percentage of purchase orders raised after receipt of an invoice of 63% has fallen below the target of 50% where less is better. These figures are reported to CLG every quarter and figures are being monitored and communicated to managers in an attempt to improve timeliness. Further education is required to ensure purchase orders are raised at the appropriate times.

3.4 Quarterly Financial Statements The Standard Financial Statements for the year to March 2013 are attached to this report.

Kingston City Council is required to prepare quarterly financial Standard Statements. The Standard Statements include the Income Statement, Cash Flow Statement, Balance Sheet and a Statement of Capital Works, together with explanatory notes.

These statements and supporting notes form a special purpose financial report prepared to meet the requirements of the Local Government Act 1989 and Local Government (Finance and Reporting) Regulations 2004.

The Standard Statements compare council’s financial plan, expressed through its budget, with actual performance. The Local Government Act 1989 requires explanation of any material variances. One-off variances and all differences to budget by more than 10% are explained.

Key items affecting the financial results in the first 9 months of 2012/13 are as follows: • An unbudgeted $2.3 million received in cash contributions from developers • $1.8 million received in advance for 2013/14 Capital projects. • An unbudgeted $9.9 million paid for Council’s Defined Super Liability (fully paid). • Capital expenditure is on track with 72% of the budget spent in the first 9 months.

3.5 Options Not applicable

235 4 Conclusion That Council review the Report and note the progress against the Council Plan.

4.1 Environmental Implications Nil

4.2 Social Implications The report provides information to the Council and Community on delivery of the Council Plan.

4.3 Resource Implications The Quarterly Standard Financial Statements compare the financial plan with actual results. One off variances and differences to budget of more than 10% are explained.

4.4 Legal/Risk The Council Plan is a statutory requirement of the Local Government Act 1989 (the Act). Quarterly reporting against achievements is good practice to keep Council informed of progress, achievements and challenges in delivering the Council Plan.

The Quarterly Financial Statements are a requirement of the Act under section 138 Quarterly statements.

5 Appendices

5.1 Appendix 1 – Year to date progress Quarterly Performance Report to the Council Plan March 2013 (Trim: 13/39550) 5.2 Appendix 2 – Quarterly Standard Financial Statements (Trim: 13/34529)

Author/s: 1. Louise Barren, Program Leader Organisational Planning and Performance

Reviewed and Approved By: Anthony Basford, Acting General Manager Organisational Development and Governance

236 Kingston City Council Standard Statements For the 9 Months ending 31 March 2013

Income Statement Published Budget Actual YTD Budget YTD to to Favourable/ Favourable/ March 13 March 13 (Unfavourable) (Unfavourable) Ref $000 $000 $000 %

Revenue Rates and Charges 107,289 106,712 577 0.5% Grants - Operating 20,458 20,223 235 1.2% Grants - Capital 4,921 4,013 908 22.6% 1 Contributions 1,272 261 1,011 387.4% 2 User Fees & Charges 17,839 17,895 (56) -0.3% Interest Income 1,772 1,919 (147) -7.7% Other Revenue 961 766 195 25.5% 3

Total Revenue 154,512 151,789 2,723 1.8%

Expenses Employee Benefits 48,861 48,874 13 0.0% Materials and Services 46,592 48,440 1,848 3.8% Bad and Doubtful Debts 19 16 (3) -21.4% Depreciation & Amortisation 15,375 15,375 (0) 0.0% Finance Costs 723 1,019 296 29.0% 4

Total Expenses 111,571 113,724 2,153 1.9%

Net Gain(Loss) on Disposal of Infrastructure, Property, Plant and Equipment 135 0 135 Impairment loss on Bed Licences 0 0

Surplus 43,076 38,065 5,011 13.2%

Variance Explanations

Ref Item Explanation

1 Grants - Capital Capital grants are favourable to budget by $0.9 million due to early receipt of funding for 2013/14 projects including: Terrigal Drive Pre-School ($0.3 million) and Parkdale Childrens Centre ($1.5 million). This is offset by delayed funding for other projects scheduled in the last quarter of the year.

2 Contributions Contributions are favourable to budget by $1.0 million predominately due to earlier than expected receipt of contributions for capital projects ($1.0 million). This includes $0.6 million for the Carrum Life Saving Club redevelopment.

3 Other Revenue Other Revenue is favourable to budget by $0.2 million due to the higher than budgeted sale of supplemetary valuations ($132k) and unbudgeted ICACC Income ($73k).

4 Finance Costs Finance Costs are favourable to budget by $0.3 million due to lower than anticipated borrowings. An extra $2.5 million is budgeted, but yet to be borrowed in 2012/13 for upgrade/ retrofit works to 1230 Nepean Highway Cheltenham.

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Cash Flow Statement

Actual YTD Budget YTD to to Favourable/ Favourable/ March 13 March 13 (Unfavourable) (Unfavourable) Ref $000 $000 $000 %

Cash Flows from Operating Activities Rates 90,889 86,798 4,091 4.7% Grants & Subsidies 25,379 23,284 2,095 9.0% User Charges 18,925 17,915 1,010 5.6% Contributions, Reimbursements & Donations 4,511 246 4,265 1733.7% 1 Interest 1,897 1,851 46 2.5% Other Receipts 963 1,002 (39) -3.9% Payments to Employees (48,198) (49,075) 877 1.8% Payments to Suppliers (66,892) (67,663) 771 1.1%

Net Cash Provided by Operating Activities 27,474 14,358 13,116 91.3%

Cash Flows from Investing Activities Payment for Infrastructure, Property, Plant & Equipment (10,898) (10,000) (898) -9.0% Proceeds from Sale of Infrastructure, Property, Plant & Equipment 135 200 (65) -32.5% 2 Net Cash Provided by Investing Activities (10,763) (9,800) (963) -9.8%

Cash Flows from Financing Activities Borrowing Costs (723) (1,045) 322 30.8% 3 Increase/(Repayment) of interest bearing loans & borrowings (711) 362 (1,073) 296.4% 4 Trust Funds and Deposits 2,218 1,100 1,118 101.6% 5 Increase/(Repayment) of Defined Super Liability (9,941) 0 0 0.0%

Net Cash (used in) Financing Activities (9,157) 417 (9,574) 2295.9%

Net Increase in Cash and Cash Equivalents 7,554 4,975 2,579 -51.8% Cash and Cash Equivalents at the Beginning of the Financial Year 40,671 37,593 3,078 8.2% Cash and Cash Equivalents at the End of Period 48,225 42,568 5,657 13.3%

Variance Explanations

Ref Item Explanation

1 Contributions, Reimbursements & Donations Contributions, Reimbursements & Donations are favourable to budget by $4.3 million predominately due to unbudgeted cash contributions from developers ($2.3 million) and contributions for capital projects not budgeted ($1.0 million).

2 Proceeds from Sale of Infrastructure, Property, Plant & Equipment Proceeds from the sale of Infrastructure, Property, Plant & Equipment includes proceeds from the sale of 11 vehicles. Proceeds are expected to meet budget by the end of the financial year.

3 Borrowing Costs Borrowing Costs are favourable to budget by $0.3 million due to lower than anticipated borrowings. An extra $2.5 million is budgeted to be borrowed in 2012/13 for upgrade/retrofit works to 1230 Nepean Highway Cheltenham.

4 Increase/(Repayment) of interest bearing loans & borrowings Increase/(Repayment) of Loans & Borrowings is unfavourable to budget by $1.0 million. An extra $2.5 million is budgeted, but yet to be borrowed in 2012/13 ($1.0 million in March 2013) for upgrade/retrofit works to 1230 Nepean Highway Cheltenham.

5 Trust Funds Deposits Trust Funds and Deposits have a favourable cash variance of $1.1 million due to higher than expected hostel resident bonds and contract retention amounts received compared to bond and retention balances refunded.

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Balance Sheet

Actual as at Annual Favourable/ Favourable/ March 13 Budget (Unfavourable) (Unfavourable) Ref $000 $000 $000 %

Current Assets Cash and Cash Equivalents 48,225 32,200 16,025 49.8% 1 Trade and Other Receivables 25,980 5,112 20,868 408.2% 2 Non-current Assets Classified as Held for Sale 0 0 0 Other Assets 184 0 184 Total Current Assets 74,389 37,312 37,077 99.4%

Non Current Assets Trade and Other Receivables 10 65 (55) -84.6% 2 Infrastructure, Property, Plant & Equipment 2,383,296 2,349,010 34,286 1.5% Investment Property 3,290 0 3,290 0.0% Intangible Assets 1,245 0 1,245 0.0% Total Non Current Assets 2,387,841 2,349,075 38,766 1.7% Total Assets 2,462,230 2,386,387 75,843 3.2%

Current Liabilities Trade and Other Payables 9,550 9,337 (213) -2.3% Provisions 11,800 9,719 (2,081) -21.4% 3 Interest Bearing Loans and Borrowings 130 833 703 84.4% 4 Trust Funds and Deposits 14,489 12,522 (1,967) -15.7% 5 Total Current Liabilities 35,969 32,411 (3,558) -11.0%

Non Current Liabilities Provisions 1,763 2,211 448 20.3% 3 Interest Bearing Loans and Borrowings 20,007 22,049 2,042 9.3% 4 Defined Super Liability 471 0 (471) Total Non Current Liabilities 22,241 24,260 2,019 8.3% Total Liabilities 58,210 56,671 (1,539) -2.7%

Net Assets 2,404,021 2,329,716 74,305 3.2%

Equity Accumulated Surplus 1,227,057 1,213,491 13,566 1.1% Asset Revaluation Reserve 1,159,622 1,110,973 48,649 4.4% Other Reserves 17,342 5,252 12,090 230.2% 6 Total Equity 2,404,021 2,329,716 74,305 3.2%

Variance Explanations

Ref Item Explanation

1 Cash and Cash Equivalents Cash & Cash Equivalents is favourable to the year-end budget by $16.0 million predominately due to higher than budgeted receipt of rate revenue ($4.1 million) and grants and contributions ($6.4 million). Future materials and capital expenditure in the last quarter of the year should bring cash levels back to budgeted levels by year-end.

2 Trade and Other Receivables Trade and Other Receivables are favourable to the year-end budget by $20.8 million. This is predominately due to the annual rate debtors which are expected to decline over the year to budgeted levels as payments fall due.

3 Provisions Current and Non-Current Provisions are unfavourable to budget by $1.6 million. This includes $1.3 million for increased provisions in 2011/12 related to reduced interest rates affecting the discount rate on provisions and a $0.4 million adjustment as Long Service Leave is now 100% vested from 7 years of service (previously 10 years). This also explains the change in the split of the provision between current and non-current.

4 Interest Bearing Loans & Borrowings Overall Interest Bearing Loans and Borrowings are currently favourable to the year-end budgeted position by $2.7 million. This is due to extra 2012/13 budgeted borrowings for upgrade/ retrofit works at Council's offices at 1230 Nepean Highway Cheltenham ($2.5 million) which has not yet been borrowed.

5 Trust Funds & Deposits Trust Funds & Deposits are unfavourable to budget by $2.0 million. This is due to a net increase of $1.2 million in hostel bonds received for Council's aged care facilities plus a net increase of $0.6 million received in contract deposits and retention.

6 Other Reserves Other Reserves are favourable to budget by $12.1 million. Other Reserves include $9.8 million in Open Space reserve contributions, $2.0 million for Aged Hostels Reserves and $4.2 million in reserve contributions for the Kingston Foreshore Reserve and Green Wedge Reserve in 2011 and 2012 which are for the renewal and development of Councils foreshore and non-urban areas.

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Capital Works

Actual YTD Annual to Budget % March 13 Complete Ref Department $000 $000

Information Services 1,228 3,352 37% 1 Building Infrastructure 4,309 7,306 59% Economic Development 2,630 3,775 70% Library & Education 286 364 79% Sport & Recreation 1,748 3,424 51% Leisure Centres 155 965 16% 2 Arts & Major Halls 516 1,035 50% Coastal Reserves 10,413 8,279 126% 3 Parks & Urban Design 3,053 4,056 75% Road Resurfacing 925 1,400 66% 4 Road Renewal 2,517 4,538 55% 4 Drainage 2,730 2,147 127% 4 Footpaths 894 1,940 46% 4 Car Parks 1 400 0% 4 Traffic Management 294 750 39% 4 Total Capital Program 31,699 43,731 72%

Projects Represented by: Capital Expansion 4,461 7,480 60% Capital Renewal 15,551 18,276 85% Road Infrastructure Renewal 2,881 6,175 47% Capital Upgrade 5,366 7,977 67% Non Recurring Project Expenditure 3,440 3,823 90% Total Capital Program 31,699 43,731 72% 0

Variance Explanations

Ref Item Explanation 1 Information Services Information Services capital budget is currently 37% complete due to a delay with a number of large projects including the VOIP Implementation ($0.3 million), HRIS System ($0.3 million), the new website content management system ($0.2 million) and the Sharikat Koo software replacement ($0.6 million). These projects are committeed and the budget is expected to be spent by the end of the financial year.

2 Leisure Centres Leisure Centres capital budget is 16% complete due to delayed expenditure on the Waves and Don Tatnell asset replacement program ($0.4 million) and the Waves Formal Pool Boom Replacement ($0.4 million).

3 Coastal Reserves Coastal Reserves budget is 26% over-spent predominately due to more than budgeted expenditure on the Mordialloc Creek Dredging Project ($1.9 million) and the Carrum Foreshore Precinct Plan ($0.4 million). 4 Road, Drainage, Footpaths, Car Parks & Traffic Management Overall, 66% of the transport and drainage infrastructure budget has been spent during the first three quarters of 2012-13. The total budget is expected to be spent by the end of the financial year.

G:\SER_PLAN\HR\TEAM ADMIN\Agenda Council Meeting\27 May 2013\P79B Standard Statements Report March 2013.XLS.xlsx.XLSX 305 Ordinary Meeting of Council

27 May 2013 Agenda Item No: P 80

ASSEMBLY OF COUNCILLORS RECORD

Contact Officer: Stephanie O’Gorman ___

Purpose of Report To provide copies of the Assembly of Councillors records in line with Section 80A of the Local Government Act 1989 to support openness and transparency of Governance processes. Disclosure of Officer / Contractor Direct or Indirect Interest No Council officer/s and/or Contractor/s who have provided advice in relation to this report have declared a Conflict of Interest regarding the matter under consideration. Recommendation That Council note the contents of this report for the public record.

1. Executive Summary

This report contains records for all meetings defined as an Assembly of Councillors under Section 80A of the Local Government Act 1989, (the Act).

2. Background

The Act requires that Assembly of Councillors records are reported to the next possible meeting of Council. This seeks to promote openness and transparency of Council decision making and to place on public record any declarations of direct or indirect interests by Councillors.

3. Discussion

3.1. Council Plan Alignment Strategy 5.3 – Sound governance and responsible financial leadership.

The reporting of Assembly of Councillors meets the requirements of the Act and is critical to Strategy 5.3.

3.2. Consultation/Internal Review Not applicable to this report.

306 3.3. Operation and Strategic Issues The Chief Executive Officer must ensure that a written record is kept of every Assembly of Councillors. These records must be reported to the next Ordinary Meeting of Council.

As prescribed by section 80A of the Act, the written record only needs to be a simple document that records:

• The names of all Councillors and staff at the meeting; A list of the matters considered; • Any conflict of interest disclosed by a Councillor; and • Whether a Councillor who disclosed a conflict leaves the assembly.

A standard Assembly of Councillors form will generally be used as the record for the purposes of the Act. These form the attachment to the report. At times, however to avoid duplication, minutes of some meetings may be attached as the record of the Assembly if they include the required information, including disclosures.

Section 80A of the Act requires a Councillor attending an assembly to disclose a conflict of interest and leave the room whilst the matter is being considered.

This requirement is explained in further detail in Practice Note No. 6 Assemblies of Councillors which was authored by Local Government Victoria. This Practice Note advises that unlike Council meetings, it is not necessary for a Councillor to disclose any details of the conflict of interest. It is sufficient to just disclose that the conflict of interest exists and this is all that should be recorded.

The rationale behind this limited requirement is to protect Councillors’ privacy. In Council or Special Committee meetings, Councillors have an option under the Act to disclose a conflict of interest in writing to the CEO, which allows for the nature and type of the conflict of interest to remain private. The Act does not provide this option in relation to Assemblies of Councillors and thus Councillors are only required to disclose the existence of a conflict of interest and not the nature and type of interest at an assembly.

3.4. Options Not applicable to this report

4. Conclusion

The report is provided in line with Section 80A of the Act which requires that the record of an assembly must be reported to the next practical Ordinary Meeting of Council and recorded in the minutes of that meeting.

4.1. Environmental Implications Nil

4.2. Social Implications Tabling Assembly of Council records supports disclosure and transparency of Council operations.

4.3. Resource Implications Nil

307

4.4. Legal / Risk Implications Reporting to Council Assemblies of Councillors meets the legislative requirement contained in section 80A of the Act.

5. Appendices 5.1. Appendix 1 – Assembly of Councillors records

Date of Assembly Reason of Assembly

30 April 2013 Green Wedge Workshop 6 May 2013 Planning Councillor Information Session 7 May 2013 Cheltenham Village Committee 7 May 2013 Clarinda/Clayton South/Oakleigh South Village Committee 7 May 2013 Mentone/Parkdale Village Committee 8 May 2013 Historical Societies Network Quarterly Meeting 8 May 2013 Mordialloc Village Committee 8 May 2013 Patterson Lakes/Carrum Village Committee 9 May 2013 Chelsea/Chelsea Heights/Bonbeach Village Committee 9 May 2013 Aspendale/Edithvale/Aspendale Gardens/Waterways Village Committee 13 May 2013 Strategic Councillor Information Session 20 May 2013 Strategic Councillor Information Session

Author/s: Stephanie O’Gorman, Governance Officer Reviewed and Approved By: Anthony Basford, Acting General Manager Organisational Development and Governance

308

Assembly of Councillors Record

This Form MUST be completed by; (i) The appropriate attending Council Officer or; (ii) Advisory Officer of a Village Committee or; (iii) Chairperson of any Council Advisory Committee where there is no Council Officer present and returned IMMEDIATELY to the Program Leader Governance for filing.

Assembly details:

Date: 6 May 2013 Time: 5.45pm

Assembly Location: Oakleigh Room, 1230 Nepean Hwy Cheltenham

Assembly Reason: Planning CIS

Attendees:

Councillor/s:

Cr Brownlees OAM Cr Barth Cr Peulich Cr West Cr Gledhill Cr Bearsley Cr Eden

Officer/s:

John Nevins, Chief Executive Officer Paul Franklin, General Manager Corporate Services Mauro Bolin, General Manager Community Sustainability Anthony Basford, Acting General Manager Organisational Development & Governance Rachel Hornsby, General Manager Environmental Sustainability Stephanie O’Gorman, Governance Officer Ian Nice, Manager City Development Hannah McBride Burgess, Team Leader Statutory Planning Nicole Worsley, Team Leader Statutory Planning Jonathan Guttmann, Manager City Strategy Rosa Zouzoulas, Team Leader Strategic Planning Sarah Bishop, Manager Communications and Public Affairs

Apologies:

Cr Ronke

Matter/s Discussed:

1. Apologies 2. Disclosures by Councillors, Officers and Contractors of any Conflict of Interest

Assembly of Councillors Record | 12/131975 309 | Page 1

Assembly of Councillors Record

3. Notes of Strategic CIS of 15 April 2013 4. Individual Ward Briefings 5. Planning Committee Agenda Review 6. *Briefing: Amendment C124 – Mentone Activity Centre Zone Panel Request 7. *Briefing: Amendment C133 – 1The Fairway, Patterson Lakes 8. Briefing: New Residential Zones 9. Discussion re OH&S Presentation to Councillors by Catherine Dunlop (Maddocks) 10. Briefing: Alternative Traffic and Parking Options – Draft Dales Park Development Plan 11. Budget Discussion 12. Invitations

Conflict of Interest Disclosures:

Did senior officer present ask for disclosure of Conflicts of Interest? Yes / No

Councillor Disclosures: (refer 2 over page). Nil.

Record if a Councillor left the meeting during the discussion. NA

Officer Disclosures: (refer 4 over page) Nil.

Completed by: Stephanie O’Gorman, Governance Officer

Date: 7 May 2013

Assembly of Councillors Record | 12/131975 310 | Page 2

Assembly of Councillors Record - Any record of an Assembly of Councillors is reported at next practicable Council meeting and recorded in the Minutes.

Requirements and explanation:

1. Section 80A(1) and (2) Officer Requirements (re Written Record to be made of disclosure of Conflicts of Interest):

Section 80A(1) and (2) of the Local Government Act 1989, stipulates:

“(1) At an assembly of Councillors, the Chief Executive Officer must ensure that a written record is kept of: (a) the names of all Councillors and members of Council staff attending, (b) the matters considered, (c) any conflict of interest disclosures made by a Councillor attending under subsection (3), (d) whether a Councillor who has disclosed a conflict of interest as required by subsection (3) leaves the assembly.”

(2) The Chief Executive Officer must ensure that the written record of an assembly of Councillors is, as soon as practicable- (a) reported at an ordinary meeting of the Council; and (b) incorporated in the minutes of that Council meeting.”

2. Section 80A(3) and (4) Councillor Requirements (re Conflict of Interest):

Section 80A(3) and (4) of the Local Government Act 1989, stipulates:

“(3) If a Councillor attending an assembly of Councillors knows, or would reasonably be expected to know, that a matter being considered by the assembly is a matter that, were the matter to be considered and decided by Council, the Councillor would have to disclose a conflict of interest under section 79, the Councillor must, at the time set out in subsection (4), disclose to the assembly that he or she has a conflict of interest and leave the assembly whilst the matter is being considered by the assembly. Penalty: 120 penalty units.

(4) A Councillor must disclose the conflict of interest either- (a) immediately before the matter in relation to which the Councillor has a conflict of interest is considered; or (b) if the Councillor realises that he or she has a conflict of interest after consideration of the matter has begun, as soon as the Councillor becomes aware that he or she has a conflict of interest.”

3. Section 76AA definition:

“Assembly of Councillors” (however titled) means a planned or scheduled meeting of at least five Councillors and one member of Council staff, or an advisory committee of the Council where one or more Councillors are present which considers matters that are intended or likely to be: - the subject of a decision of the Council: or - subject to the exercise of a function, duty or power of the Council that has been delegated to a person or Committee; or

but does not include a meeting of the Council , a Special Committee of the Council, a club, association, peak body, political party or other organisation.”

Brief Explanation:

Some examples of an Assembly of Councillors will include:-

- Meeting / briefing of five Ward Councillors; - Advisory committee or Village Committee Meeting where 1 or more Councillor is present - Other Councillor briefing sessions; - Budget discussions; - Workshops re key Council priorities; - Site inspections / preliminary planning conferences;

providing at least five Councillors and one Council Staff member is present and the matter/s considered are intended or likely to be subject of a future decision by the Council OR an officer decision under delegated authority.

As a matter of good practice, it would be considered exceptional not to deem any scheduled / planned meeting of five or more Councillors and an officer/s as an Assembly of Councillors. If you require further clarification, please call the Manager Governance and Performance Planning.

4. Section 80B Officer Requirements (re Disclosure of Conflicts of Interest):

A member of Council staff who has a conflict of interest in a matter in which they also have delegated power, duty or function must: - not exercise the power or discharge the duty or function; and - disclose the type of interest and the nature of the interest to the Chief Executive Officer, in writing, as soon as he or she becomes aware of the conflict of interest in the matter, including those situations when the Officer is exercising a statutory power or duty of the Chief Executive Officer.

311

Assembly of Councillors Record

Assembly details:

Date: 20 May 2013 Time: 5.45pm

Assembly Location: 1230 Nepean Highway, Cheltenham

Assembly Reason: Strategic CIS

Attendees:

Councillor/s:

Cr Ron Brownlees OAM, Mayor Cr Tamara Barth Cr Tamsin Bearsley Cr David Eden Cr Geoff Gledhill Cr Paul Peulich Cr Steve Staikos Cr Rosemary West OAM

Officer/s:

John Nevins, Chief Executive Officer Mauro Bolin, General Manager Community Sustainability Paul Franklin, General Manager Corporate Services Rachel Hornsby, General Manager Environmental Sustainability Anthony Basford, Acting General Manager Organisational Development & Governance Sarah Bishop, Manager Communications & Public Affairs Phil De Losa, Program Leader Governance Stephanie O’Gorman, Governance Officer Steve Lewis, Manager Community Buildings Julian Harvey, Manager Property Services

Apologies:

Cr Ronke

Matter/s Discussed: 1. Apologies 2. Disclosures by Councillors, Officers and Contractors of any Conflict of Interest 3. Notes of Strategic CIS 13 May 2013 4. *Confidential Briefing: Waves Leisure Centre – Urgent Emergency Works 5. Briefing: Naming Request for the Regents Park Club Rooms at Aspendale 6. *Recommendations and Highlights from Village Committees

Assembly of Councillors Record | 12/131975 312 | Page 1

Assembly of Councillors Record

7. Briefing: Ward Councillor Meeting Policy 8. Briefing: MP’s Breakfast and Advocacy Issues 9. Special Council Meeting 10. Briefing: Recording of Council Meetings 11. Full Year Financial Forecast 12. Capital Works Monthly Report – April 2013 13. Briefing: Update on Public Submission Process for the One Vision Draft Council Plan and LivingKingston 2035 14. Briefing: Lens Mist Photographic Exhibition 15. Invitations 16. Preliminary Briefing: Draft Media and External Communications Policy 18. Other Business 17. Confidential Personnel Matter

Conflict of Interest Disclosures:

Did senior officer present ask for disclosure of Conflicts of Interest? Yes

Councillor Disclosures: (refer 2 over page). Nil.

Record if a Councillor left the meeting during the discussion. NA

Officer Disclosures: (refer 4 over page) Nil.

Completed by: Stephanie O’Gorman Date: 22 May 2013

Assembly of Councillors Record | 12/131975 313 | Page 2

Assembly of Councillors Record - Any record of an Assembly of Councillors is reported at next practicable Council meeting and recorded in the Minutes.

Requirements and explanation:

1. Section 80A(1) and (2) Officer Requirements (re Written Record to be made of disclosure of Conflicts of Interest):

Section 80A(1) and (2) of the Local Government Act 1989, stipulates:

2. Section 80A(3) and (4) Councillor Requirements (re Conflict of Interest):

Section 80A(3) and (4) of the Local Government Act 1989, stipulates:

3. Section 76AA definition:

but does not include a meeting of the Council , a Special Committee of the Council, a club, association, peak body, political party or other organisation.”

Brief Explanation:

Some examples of an Assembly of Councillors will include:-

4. Section 80B Officer Requirements (re Disclosure of Conflicts of Interest):

314

Assembly of Councillors Record

Assembly details:

Date: 13 May 2013 Time: 5.45pm

Assembly Location: Oakleigh Room, 1230 Nepean Hwy Cheltenham

Assembly Reason: Strategic CIS

Attendees:

Councillor/s:

Cr Ron Brownlees OAM, Mayor Cr Tamara Barth Cr Tamsin Bearsley Cr David Eden Cr Geoff Gledhill Cr John Ronke Cr Rosemary West OAM

Officer/s:

John Nevins, Chief Executive Officer Mauro Bolin, General Manager Community Sustainability Paul Franklin, General Manager Corporate Services Rachel Hornsby, General Manager Environmental Sustainability Anthony Basford, Acting General Manager Organisational Development & Governance Francesca Trimboli, Program Leader Communications & Public Affairs Phil De Losa, Program Leader Governance Rob Crispin, Manager Community & Aged Care Services Steve Lewis, Manager Community Buildings Anthony Ziem, Team Leader Facilities Maintenance Tim Ford, Horticulture Supervisor Tony Collins, Team Leader Parks

Assembly of Councillors Record | 12/131975 315 | Page 1

Assembly of Councillors Record

Apologies:

Cr Paul Peulich Cr Steve Staikos

Matter/s Discussed: 1. Apologies 2. Disclosures by Councillors, Officers and Contractors of any Conflict of Interest 3. Notes of Planning CIS 6 May 2013 4. *Confidential: Individual Development Grant – Perceived Conflict of Interest 5. *Briefing: Cleaning Tender for 1230 Nepean Highway 6. *Briefing: Open Space Mowing Services Contract 7. Presentation: Abbeyfield 8. Briefing: Council Response to Patterson Lakes Review 9. Briefing: Proposed Alcohol Free Zone Carrum Foreshore 10. Briefing: Rating Practices in Local Government 11. Voluntary Levy – Constitutional Recognition – ‘Yes’ Campaign 12. Ordinary Council Agenda Review – See Separate Agenda 13. Fishermans Bend Urban Renewal Area 14. Invitations 15. Councillor/CEO Discussion

Conflict of Interest Disclosures:

Did senior officer present ask for disclosure of Conflicts of Interest? Yes

Councillor Disclosures: (refer 2 over page). Nil.

Record if a Councillor left the meeting during the discussion. NA

Officer Disclosures: (refer 4 over page) Nil.

Completed by: Stephanie O’Gorman Date: 22 May 2013

Assembly of Councillors Record | 12/131975 316 | Page 2

Assembly of Councillors Record - Any record of an Assembly of Councillors is reported at next practicable Council meeting and recorded in the Minutes.

Requirements and explanation:

1. Section 80A(1) and (2) Officer Requirements (re Written Record to be made of disclosure of Conflicts of Interest):

Section 80A(1) and (2) of the Local Government Act 1989, stipulates:

2. Section 80A(3) and (4) Councillor Requirements (re Conflict of Interest):

Section 80A(3) and (4) of the Local Government Act 1989, stipulates:

3. Section 76AA definition:

but does not include a meeting of the Council , a Special Committee of the Council, a club, association, peak body, political party or other organisation.”

Brief Explanation:

Some examples of an Assembly of Councillors will include:-

4. Section 80B Officer Requirements (re Disclosure of Conflicts of Interest):

317

Assembly of Councillors Record

Assembly details:

Date: 8th May 2013 Time: 7.15pm

Assembly Location: Patterson Lakes Community Centre

Assembly Reason: Village Committee

Attendees:

Councillor/s:

Cr Tamsin Bearsley

Officer/s:

Steve Lewis Community Buildings Manager Katerina Kaldellis Management Systems Coordinator- Infrastructure

Apologies:

Glenn Baker JP and Robert Samyue

Matter/s Discussed: Climate Change and Biodiversity Reference Group, Review of Village Committee Action Items, Riverside Access Tracks, Council Plan and Living Kingston 2035, Harvest Festival, electrical waste recycling, Community Grants subcommittee & processes, Trees illegally cut down along Gladesville Blvd, safe disposal of televisions, computer screens and computer products, Wells Road Bridge over Patterson River, New reformed residential zones, Personal information disclosure forms, Update on Councils Residential Aged Care Strategy, Access & Equity and Positive Aging Advisory Committees, offending dirt bike riders, LED lights and the Government scheme, tips and tip charges.

Conflict of Interest Disclosures:

Did senior officer present ask for disclosure of Conflicts of Interest? Yes

Councillor Disclosures: (refer 2 over page).

Record if a Councillor left the meeting during the discussion.

Assembly of Councillors Record | 12/131975 318 | Page 1

Assembly of Councillors Record

This Form MUST be completed by; (i) The appropriate attending Council Officer or; (ii) Advisory Officer of a Village Committee or; Officer (iii) Chairperson of any Council Advisory Committee where there is no Council Officer present and returned IMMEDIATELY to the Program Leader Governance for filing.

Disclosures: (refer 4 over page)

Completed by: Katerina Kaldellis Date: 8th May 2013

Assembly of Councillors Record | 12/131975 319 | Page 2

Assembly of Councillors Record - Any record of an Assembly of Councillors is reported at next practicable Council meeting and recorded in the Minutes.

Requirements and explanation:

1. Section 80A(1) and (2) Officer Requirements (re Written Record to be made of disclosure of Conflicts of Interest):

Section 80A(1) and (2) of the Local Government Act 1989, stipulates:

2. Section 80A(3) and (4) Councillor Requirements (re Conflict of Interest):

Section 80A(3) and (4) of the Local Government Act 1989, stipulates:

3. Section 76AA definition:

but does not include a meeting of the Council , a Special Committee of the Council, a club, association, peak body, political party or other organisation.”

Brief Explanation:

Some examples of an Assembly of Councillors will include:-

4. Section 80B Officer Requirements (re Disclosure of Conflicts of Interest):

Assembly of Councillors Record

Assembly details: Clarinda / Clayton South / Oakleigh South Village Committee

Date: 7 May 2013 Time: 6.30pm

Assembly Location: Clarinda Community Centre

Assembly Reason: Scheduled meeting

Attendees:

Councillor/s:

Cr. Barth

Officer/s:

Paul Franklin General Manager Corporate Services Erin Pattie Acting Coordinator Social Planning

Apologies: None

Matter/s Discussed: • Illegal dumping of rubbish • Strengthening Clayton and Clarinda project • Hard rubbish on nature strips • Continuous offenders follow up • Draft Council Plan and Living Kingston 2035 open for comment • Northcliffe Lodge • Green Wedge • Biodiversity and Climate Change Committee • Sundowner Neighbourhood House • Traffic in local streets

Assembly of Councillors Record | 12/131975 321 | Page 1

Assembly of Councillors Record

Conflict of Interest Disclosures:

Did senior officer present ask for disclosure of Conflicts of Interest? No

Councillor Disclosures: (refer 2 over page).

Record if a Councillor left the meeting during the discussion. No conflict declared.

Officer Disclosures: (refer 4 over page) No conflict declared.

Completed by: Erin Pattie

Date: 13.05.13

Assembly of Councillors Record | 12/131975 322 | Page 2

Assembly of Councillors Record - Any record of an Assembly of Councillors is reported at next practicable Council meeting and recorded in the Minutes.

Requirements and explanation:

1. Section 80A(1) and (2) Officer Requirements (re Written Record to be made of disclosure of Conflicts of Interest):

Section 80A(1) and (2) of the Local Government Act 1989, stipulates:

2. Section 80A(3) and (4) Councillor Requirements (re Conflict of Interest):

Section 80A(3) and (4) of the Local Government Act 1989, stipulates:

3. Section 76AA definition:

but does not include a meeting of the Council , a Special Committee of the Council, a club, association, peak body, political party or other organisation.”

Brief Explanation:

Some examples of an Assembly of Councillors will include:-

4. Section 80B Officer Requirements (re Disclosure of Conflicts of Interest):

323

Assembly of Councillors Record

Assembly details:

Aspendale/Edithvale/Aspendale Gardens/Waterways Village Committee

Date: 9th May 2013 Time: 7.30 pm

Assembly Location: Aspendale Gardens Community Centre

Assembly Reason: General Village Committee Meeting

Attendees: Graham Malcolm Ken Carney Jillian Campbell Kathryn Renwick James Middleton (Chair) Tony Firman Henry Corcoran Diana Donohue

Councillor/s: Cr. Tamsin Bearsley

Officer/s: Advisory Officer – Tim Bearup Support Officer – Ali Street

Apologies: Paul Munro Cr. David Eden

Matter/s Discussed:

Conflict of Interest Disclosures:

Jillian Campbell Member of Waterways Owners Corporation - Community Committee Neighbourhood Watch

Assembly of Councillors Record | 12/131975 324 | Page 1

Assembly of Councillors Record

Ken Carney Aspendale Gardens Residents Association

Graham Malcolm ALP member and occasional work for The Hon. Mark Dreyfus QC MP

Did senior officer present ask for disclosure of Conflicts of Interest? Yes

Councillor Disclosures: (refer 2 over page).

Record if a Councillor left the meeting during the discussion.

Officer Disclosures: (refer 4 over page)

Completed by: Ali Street Date: 10th May 2013

Assembly of Councillors Record | 12/131975 325 | Page 2

Assembly of Councillors Record - Any record of an Assembly of Councillors is reported at next practicable Council meeting and recorded in the Minutes.

Requirements and explanation:

1. Section 80A(1) and (2) Officer Requirements (re Written Record to be made of disclosure of Conflicts of Interest):

Section 80A(1) and (2) of the Local Government Act 1989, stipulates:

2. Section 80A(3) and (4) Councillor Requirements (re Conflict of Interest):

Section 80A(3) and (4) of the Local Government Act 1989, stipulates:

3. Section 76AA definition:

but does not include a meeting of the Council , a Special Committee of the Council, a club, association, peak body, political party or other organisation.”

Brief Explanation:

Some examples of an Assembly of Councillors will include:-

4. Section 80B Officer Requirements (re Disclosure of Conflicts of Interest):

326

Assembly of Councillors Record

Assembly details: Chelsea/Chelsea Heights/Bonbeach Village Committee

Date: 9 May 2013 Time: 5.45pm

Assembly Location: Chelsea Heights Neighbourhood House

Assembly Reason: Village Committee Meeting

Attendees: Nigel McGillivray, Vicki Jans, John Bainbridge, Nicholas Delhorbe, Maureen Lim, Janelle House, Maria Reiter

Councillor/s:

Cr Tamsin Bearsley 6.00pm

Officer/s:

Mauro Bolin Adele Sheeran

Apologies:

Matter/s Discussed: As per Village Committee Agenda

Conflict of Interest Disclosures: None recorded

Did senior officer present ask for disclosure of Conflicts of Interest? Yes

Councillor Disclosures: (refer 2 over page).

Record if a Councillor left the meeting during the discussion.

Officer Disclosures: (refer 4 over page)

Completed by: Adele Sheeran Date: 10 May 2013

Assembly of Councillors Record | 12/131975 327 | Page 1

Assembly of Councillors Record - Any record of an Assembly of Councillors is reported at next practicable Council meeting and recorded in the Minutes.

Requirements and explanation:

1. Section 80A(1) and (2) Officer Requirements (re Written Record to be made of disclosure of Conflicts of Interest):

Section 80A(1) and (2) of the Local Government Act 1989, stipulates:

2. Section 80A(3) and (4) Councillor Requirements (re Conflict of Interest):

Section 80A(3) and (4) of the Local Government Act 1989, stipulates:

3. Section 76AA definition:

but does not include a meeting of the Council , a Special Committee of the Council, a club, association, peak body, political party or other organisation.”

Brief Explanation:

Some examples of an Assembly of Councillors will include:-

4. Section 80B Officer Requirements (re Disclosure of Conflicts of Interest):

328

Assembly of Councillors Record

Assembly details: Mordialloc Village Committee

Date: 8 May 2013 Time: 6:30pm

Assembly Location: Mordialloc Neighbourhood House

Assembly Reason: Village Committee Meeting

Attendees: Mary Rimington OAM, Bert Morrison, Walter Graham, David Van Pelt, Ian Baldock, Debbie Murray, Tom Uren, Barry Bush, Margaret Hunter, Bronwen Biggs

Councillor/s:

Cr Geoff Gledhill 6.30pm Cr Rosemary West 6.30pm

Officer/s:

Peter Bain Adele Sheeran

Apologies:

Cr Ron Brownlees

Matter/s Discussed: As per Village Committee Agenda

Conflict of Interest Disclosures: None recorded.

Did senior officer present ask for disclosure of Conflicts of Interest? Yes

Councillor Disclosures: (refer 2 over page).

Record if a Councillor left the meeting during the discussion.

Officer Disclosures: (refer 4 over page)

Completed by: Adele Sheeran Date: 10 May 2013

Assembly of Councillors Record | 12/131975 329 | Page 1

Assembly of Councillors Record - Any record of an Assembly of Councillors is reported at next practicable Council meeting and recorded in the Minutes.

Requirements and explanation:

1. Section 80A(1) and (2) Officer Requirements (re Written Record to be made of disclosure of Conflicts of Interest):

Section 80A(1) and (2) of the Local Government Act 1989, stipulates:

2. Section 80A(3) and (4) Councillor Requirements (re Conflict of Interest):

Section 80A(3) and (4) of the Local Government Act 1989, stipulates:

3. Section 76AA definition:

but does not include a meeting of the Council , a Special Committee of the Council, a club, association, peak body, political party or other organisation.”

Brief Explanation:

Some examples of an Assembly of Councillors will include:-

4. Section 80B Officer Requirements (re Disclosure of Conflicts of Interest):

330

Assembly of Councillors Record

Assembly details:

Date: 7 May 2013 Time: 7.30pm

Assembly Location: 1230 Nepean Highway Cheltenham

Assembly Reason: Cheltenham Village Committee Meeting

Attendees:

Councillor/s:

Ron Brownlees, Rosemary West, Geoff Gledhill

Officer/s:

Rachel Hornsby, General Manager Environmental Sustainability Maria Long, Administration Officer, Infrastructure

Apologies:

Nil.

Matter/s Discussed:

1. Apologies and Minutes of Meeting of 2 April 2013 2. Declaration by Committee Members, Councillors or Officers of any Conflict of Interest 3. Items for Discussion a) Invitation to Join Kingston Network of Community Groups b) Earlier availability of Minutes c) Council Plan and Living Kingston 2035 Consultation d) Date for Social Gathering with Moorabbin/Highett Village Committee to discuss possible merger e) Update on Council’s Residential Aged Care Strategy 4. Verbal Reports from Delegates representing the Village Committee on other Committees/Projects 5. Review of Village Committee Action Items 6. Urgent Business 7. Highlight

Conflict of Interest Disclosures:

Did senior officer present ask for disclosure of Conflicts of Interest? Yes

Councillor Disclosures: (refer 2 over page).

Assembly of Councillors Record | 12/131975 331 | Page 1

Assembly of Councillors Record

Nil. Record if a Councillor left the meeting during the discussion. NA

Officer Disclosures: (refer 4 over page) Nil.

Completed by: Stephanie O’Gorman Date: 22 May 2013

Assembly of Councillors Record | 12/131975 332 | Page 2

Assembly of Councillors Record - Any record of an Assembly of Councillors is reported at next practicable Council meeting and recorded in the Minutes.

Requirements and explanation:

1. Section 80A(1) and (2) Officer Requirements (re Written Record to be made of disclosure of Conflicts of Interest):

Section 80A(1) and (2) of the Local Government Act 1989, stipulates:

2. Section 80A(3) and (4) Councillor Requirements (re Conflict of Interest):

Section 80A(3) and (4) of the Local Government Act 1989, stipulates:

3. Section 76AA definition:

but does not include a meeting of the Council , a Special Committee of the Council, a club, association, peak body, political party or other organisation.”

Brief Explanation:

Some examples of an Assembly of Councillors will include:-

4. Section 80B Officer Requirements (re Disclosure of Conflicts of Interest):

333 334

Ordinary Council Meeting

27 May 2013 Agenda Item No: P 81

WARD FUNDS EXPENDITURE ALLOCATION

Contact Officer: Stephanie O’Gorman

Purpose of Report To seek Council approval of the expenditure of ward funds in accordance with Council’s approved ‘Expenditure of Ward Funds Policy’ and the Local Government Act 1989. Disclosure of Officer / Contractor Direct or Indirect Interest No Council officer/s and/or Contractor/s who have provided advice in relation to this report have declared a Conflict of Interest regarding the matter under consideration. Recommendation That Council:

1. Approve the expenditure of ward funds in accordance with the table of Councillor requests.

1. Executive Summary This report presents individual Councillor requests for the expenditure of ward funds and seeks approval of the ward fund expenditure requests for individual Councillors as required under Council’s ‘Expenditure of Ward Funds Policy’ (the Policy) and Sections 76B of the Local Government Act 1989.

2. Background The expenditure of Ward funds is regulated by the Council resolution on 23 March 2009 where Council adopted a revised Policy for the Expenditure of Ward Funds.

Each financial year during a Council term, Kingston Councillors are allocated $6,000 in ward funds for utilisation in accordance with the adopted policy. Part 2 of the Policy, which outlines the limitations on the expenditure of ward funds, specifies that Councillors may propose that ward funds be allocated for initiatives that aim to:

“a) assist a recognised community group (including sporting/recreational body, arts/cultural group, charity, youth group, pre-school, playgroup, senior citizens club, historical society, friendship group, environmental group, trader organisation or toy library) which provides a service, program or activity used by or of benefit to Kingston residents;

b) assist an individual who is a resident of the City of Kingston to participate in a sporting, recreational or cultural activity, or other pursuit of a personal development nature, or who is in necessitous circumstances;

c) Support an event or activity which will be of benefit or interest to residents of the City of Kingston;

d) Support the key external themes of enhancement of the physical environment or the development of community wellbeing, identified in the Council Plan.”

335 It should be noted that the policy also enables a Ward Councillor to propose that his / her ward funds be expended outside of the Councillor’s specific ward, provided that the ward funds are expended for the benefit of the Kingston community, and that one or more of the criteria set out above are met.

To be lawful under the Local Government Act 1989 and in accordance with Council’s Policy, all expenditure of Ward Funds must be approved by Council decision.

3. Discussion

3.1. Council Plan Alignment Planned Outcome 5 – Community Inspired Leaders Strategy 5.3 – Sound governance and responsible financial leadership

The reporting of Ward Fund Grants meets the requirements of the Local Government Act.

3.2. Consultation/Internal Review Not applicable to this report.

3.3. Allocation of Ward Funds Ward Funds are allocated in accordance with the ‘Expenditure of Ward Funds Policy’.

4. Conclusion The table below lists the Councillor requests for the expenditure of ward funds received since the last Ordinary Meeting of Council.

336

North Ward Central Ward South Ward

ORG/ PURPOSE

PERSON

Peulich Cr DavidEden Cr John Ronke John Cr Cr Paul Cr Tamara Barth Cr Steve Staikos Cr Geoff Gledhill Gledhill Geoff Cr Cr Tamsin Bearsley Rosemary West OAM Cr Ron Brownlees OAM

OPENING BALANCE

$3,732.75 $3,232.82 $2,314.86 $4,213.00 $2,900.00 $1,140.00 $2,535.21 $3,485.21 $3,151.88

MONTHLY ALLOCATIONS Project Rotary Club supporting Dingley $500.00 women & Village families Marcus Road Fund- &Jacks Ave raising $500.00 Kindergarten Night

Cheltenham Equipment $500.00 Football Club Hire

Beachside Residents in Operating Kingston $500.00 Expenses Assoc. (B.R.I.K.A.)

BALANCE WARD FUNDS AVAILABLE

$2,732.75 $3,232.82 $2,314.86 $3,713.00 $2,400.00 $1,140.00 $2,535.21 $3,485.21 $3,151.88

Author/s: Stephanie O’Gorman, Governance Officer Reviewed and Approved By: Anthony Basford, Acting General Manager, Organisational Development & Governance

337 Ordinary Meeting of Council

27 May 2013 Agenda Item No: P 82

COUNCILLOR SUPPORT AND REIMBURSEMENT OF EXPENSES POLICY

Contact Officer: Phil De Losa, Program Leader Governance

Purpose of Report The purpose of this report is for Council to adopt the Councillor Support and Reimbursement of Expenses Policy pursuant to section 75B(1) of the Local Government Act. Disclosure of Officer / Contractor Direct or Indirect Interest No Council officer/s and/or Contractor/s who have provided advice in relation to this report have declared a Conflict of Interest regarding the matter under consideration.

Recommendation That Council:

1. Adopt the Councillor Support and Reimbursement of Expenses Policy at Appendix 1 with effect from 1 July 2013.

1. Executive Summary

At the Strategic Councillor Information Session (CIS) on 8 April 2013, Councillors reviewed the existing Councillor Support and Expenditure Policy and it was considered appropriate that this policy be updated to reflect the current Council’s position.

Proposed amendments were presented to Councillors, which included possible changes that were highlighted during the November 2012 Governance Workshop discussions.

In line with the CIS discussion, the policy has been renamed the Councillor Support and Reimbursement of Expenses Policy (Policy) and amendments to the Policy have been made accordingly.

2. Background

The Local Government Act 1989 (the Act) does not provide a legislative deadline within which this policy must be reviewed. However, the following sections are applicable:

Section 75B of the Act requires that:

Councillor reimbursement policy

(1) A Council must adopt and maintain a policy in relation to the reimbursement of expenses for Councillors and members of Council committees.

(2) A policy adopted by Council under this section must be consistent with-

338 (a) the prescribed types of Councillor out-of-pocket expenses that must be reimbursed if the expenses are reasonable and bona fide; and

(b) the prescribed procedures to be followed by Councils in relation to the reimbursement of out-of-pocket expenses.

Section 75C of the Act prescribes the following:

Resources and facilities for Councillors

A Council must make available for the Mayor and the Councillors the minimum resources and facilities prescribed for the purposes of this section.

3. Discussion

3.1. Council Plan Alignment Planned Outcome 5 – Efficient and Innovative Stewardship of the Organisation and Resources Strategy 5.2 – An organisation with transparent, innovative and robust business and financial processes facilitating strong accountability to the community.

In the interests of accountability and transparency, section 75B(3) requires that Council policies on expenses reimbursement are available for inspection at Council Offices. The public policy this addresses is that the details and range of benefits provided to Councillors by Council are clearly stated and fully transparent and acceptable to the local community.1 3.2. Consultation/Internal Review Councillors have been engaged in this process through the discussion at the Governance Workshop in November 2012.

Information Services Department has provided information about the current Councillor data plans.

A review of other councils’ Councillor Support and Reimbursement Policies has been undertaken.

Officers are seeking advice from Maddocks Lawyers regarding the Policy’s compliance with the Act. 3.3. Publication of Councillors’ expenses At the Ordinary Meeting of Council in April 2010, Council resolved to publish Councillor Expenses quarterly on Council’s website and annually in the Annual Report effective from the first quarter 2010/11. This disclosure recommendation was a result of the May 2009 Ombudsman Victoria report ‘Investigation into the alleged improper conduct at Brimbank City Council’ in which the Ombudsman recommended that:

‘Brimbank publish each individual’s total mobile telephone usage on the Brimbank website quarterly.’

Council adopted the following disclosure categories: • Councillor and Mayoral Allowance • Training, Conferences and Education • Travel – intrastate • Overseas and Interstate Travel • Communications • Other Expenses

1 Department of Planning & Community Development – Information339 Guide November 2008 – Mayor and Councillor Entitlements It is recommended that the categories be updated to reflect the updated terminology in the revised Policy. 3.4. Operation and Strategic Issues 3.4.1. Updating Current Policy Content The following proposed changes were presented to Councillors at the Strategic CIS and it was agreed that they should be included in the revised Policy for consideration at the Ordinary Meeting of Council on 27 May 2013.

Issue Proposed approach

1. Title of Policy That the Policy be renamed ‘Councillor Support and Reimbursement of Expenses Policy’ to align with the legislative requirement to adopt and maintain a policy in relation to the reimbursement of expenses (as opposed to ‘expenditure’)

2. Child Care That this be renamed Carer Expenses to incorporate the Expenses (current caring of children (up to and including 16 years of age), paragraph 9.7) elderly, disabled or sick immediate family members.

That the Policy include the following condition:

Carer costs are not eligible for reimbursement to a family member or a person who normally or regularly lives with the Councillor, except where a live-in (professional) helper such as a nanny is required to work extra time at extra expense because of the Councillor’s duties.

3. Home/Workplace The distinction between Resources / Support and facilities (current Reimbursement of Expenses has been strengthened with paragraph 9.2.1) separate headings for these two categories. Resources / Support encompasses:

• Communication Equipment • Communication Costs • Stationery • Councillor Room • Access Cards • Online Presence • Health Initiatives • Attendance at Civic Functions by Spouse / Partner • Resources / support for the Mayor • Insurance • Councillors with a Disability

340 Issue Proposed approach

4. Communications That the Policy be updated with current terminology: Equipment Each Councillor is entitled to the following:

• A desktop or laptop or notebook • A tablet (currently an iPad) • A fax/copier/printer machine • A landline (dual line – phone and fax) • A mobile phone (currently an iPhone) • An internet connection

5. Communication Council will meet the reasonable purchase, installation, Expenses maintenance and service, connection, subscription, rental and usage (data / calls / text) costs for all Council provided communications equipment.

Each Councillor will be allocated a suitable usage plan for the mobile phone / desktop, laptop or notebook / tablet.

6. Stationery Personalised letterhead in an electronic template format be made available to Councillors if requested.

7. Name badges That the Policy allow for a name badge for the Mayor’s (current Spouse / Partner if requested. paragraph 9.2.1)

8. Access Cards Each Councillor will be provided with an access card to the Cheltenham offices with business hours access.

There will be 24 hour, seven day a week access to the Council Chamber, Councillors’ Lounge, Mayor’s office, Oakleigh Room and Car Park.

9. Online Platforms That the Policy be updated to include: including Social Media Online Presence

Councillors will be provided with a page on Council’s website containing:

• Photo; • Contact details including details of online channels such as personal webpage, facebook and twitter accounts; • Ward Map; and • Council Committee memberships.

Council will support Councillors in establishing and /or maintaining their own social media presence by providing Councillors with Social Media training and advice.

341 Issue Proposed approach

10. Health Initiatives That Councillors have access to free influenza vaccinations.

11. Attendance of The current Policy is silent on this issue. It is Spouses / recommended that the Policy allow for the spouses / Partners at civic partners to attend Council funded civic functions where it is functions, considered necessary or appropriate to support the seminars and business needs of Council and where the Mayor or conferences Councillors are representing Council.

12. Council provided That the current paragraph be replaced with: telephones (current Council provided landline paragraph 9.9.2) Landlines are provided for Council business use. Personal calls and facsimiles should be minimised, and where significant personal use has occurred, the costs should be reimbursed to Council.

Governance will provide Councillors with copies of their landline accounts on a monthly basis.

Council provided mobile phones and SIM cards To ensure all Councillors have access to like ‘tools of the trade’, it is Council’s preferred option that Councillors use the Council provided mobile phones and SIM cards.

Council will meet the usage costs of mobile phones with accounts sent directly to Council.

Mobile phones are provided for Council business use. Personal calls / texts should be minimised, and where significant personal use has occurred, the costs should be reimbursed to Council.

Governance will provide Councillors with copies of their mobile phone accounts on a monthly basis.

13. Other mobile Additional clauses be added: phone and phone plan options Other mobile phone and phone plan options A Councillor may choose to use his / her own private mobile phone and personal SIM card utilising a private mobile phone plan. In this instance a Councillor may seek reimbursement of all Council business related phone calls on the basis of the Councillor declaring on his / her bill the proportion of the calls that relate to Council business.

Alternatively a Councillor may choose to opt for a Council supplied mobile phone using his / her own SIM card and mobile phone plan. Reimbursement will be on the basis of the Councillor declaring on his / her bill the proportion of the phone calls that relate to Council business.

Where a Councillor ceases using his / her own SIM card, Council will pay for the cost associated with transfer to a Council supplied SIM card to ensure portability of data (contacts) occurs, including phone number if requested.

Issue Proposed approach

342 Finally a Councillor may choose to opt for a Council supplied SIM card to use in his / her private mobile phone in which case bills will be managed in accordance with clause 10.2.1 Council provided mobile phones.

14. Data usage plans A Councillor may choose to utilise their existing private data usage plan. Reimbursement will be on the basis of the Councillor declaring the proportion of the data plan cost that relates to Council business.

15. Training and It is recommended that there be two separate categories: Education (current paragraph 9.8) • Seminars and Conferences; and • Professional Development.

Replace paragraph 9.8 with the following:

Seminars and Conferences

‘Councillors attending a conference or seminar relevant to Local Government or the role of a Councillor, are entitled to have paid by Council or reimbursed, the cost of registration, meals, parking, travel (intrastate and interstate – economy class) and accommodation.’

Professional Development

‘Upon the commencement of each electoral term, a purpose designed commencement program will be provided to all Councillors.

Council will also provide access to the professional development programs provided by industry peak bodies including (but not limited to):

• Australian Local Government Association (ALGA) • Australian Local Government Womens’ Association (ALGWA) • Victorian State Government • Municipal Association of Victoria (MAV) (Note includes AICD Program) • Victorian Local Governance Association

16. Travel Expenses The current Policy is silent on the class of air travel. The (current Policy be updated to include: paragraph 9.10) – class of travel ‘Where travel is by flight the standard form of travel will be economy class.’

343 Issue Proposed approach

Travel Expenses The current policy is silent on the use of public transport. (current paragraph 9.10) – That the Policy be updated to include: public transport and taxi receipts That Council makes myki cards available for Councillor business use.

Also updated to include the requirement that taxi receipts be obtained by Councillors to assist with Cabcharge bill reconciliation.

17. Publication That the Policy be updated to reflect the revised categories of publication of Councillor Expenses:

• Councillor and Mayoral Allowance • Carer Expenses • Communication Expenses • Training and Education • Travel Intrastate • Overseas and Interstate Travel • Other Expenses

18. Claim Form Claim Form to be annexed to the Policy.

3.5. Options 3.5.1. Option 1 (preferred option) - Councillors adopt the revised Councillor Support and Reimbursement of Expenses Policy. 3.5.2. Option 2 - The current Councillor Support and Expenditure Policy is retained.

4. Conclusion

The revised Councillor Support and Reimbursement of Expenses Policy incorporates feedback and establishes the agreed support and reimbursement for Councillors at the outset of their elected term. 4.1. Environmental Implications Not applicable.

4.2. Social Implications The Policy will support Councillors in their role, and support the Charter of Human Rights and Responsibilities Act 2006, particularly the right of (section 18)

Taking part in public life

(1) Every person in Victoria has the right, and is to have the opportunity, without discrimination, to participate in the conduct of public affairs, directly or through freely chosen representatives.

(2) Every eligible person has the right, and is to have the opportunity, without discrimination-

(a) to vote and be elected at periodic State and municipal elections that guarantee the free expression of the will of the electors; and

(b) to have access, on general terms of equality, to the Victorian public service and public office. 344 4.3. Resource Implications Resources for Councillor support are set as part of the annual operational budget. 4.4. Legal / Risk Implications Council’s current Policy complies with the State Government November 2008 issued Guidelines ‘Mayor and Councillor Entitlements’.

5. Appendices

5.1. Appendix 1 – Councillor Support and Reimbursement Policy (Clean Copy) – 13/40902 5.2. Appendix 2 – Councillor Support and Reimbursement Policy (Marked Up Changes) – 13/27892

Author/s: Angela Granter, Governance Officer Reviewed and Approved By: Phil De Losa, Program Leader Governance Anthony Basford, Acting General Manager - Organisational Development and Governance

345 Ordinary Council Meeting

27 May 2013 Agenda Item No: P 83

RECORDING OF COUNCIL MEETINGS

Contact Officer: Phil DeLosa, Program Leader Governance

Purpose of Report This report provides options and information in relation to recording Council Meetings. Disclosure of Officer / Contractor Direct or Indirect Interest No Council officer/s and/or Contractor/s who have provided advice in relation to this report have declared a Conflict of Interest regarding the matter under consideration.

Recommendation That Council:

1. Authorise the Chief Executive Officer to implement the live streaming of Ordinary, Special and Planning Committee Meetings of Council on the internet, including archiving as presented in option 1(a).

1. Executive Summary

This report presents four (4) options regarding the recording of Council meetings:

• Live streaming of meetings on the internet (including archiving); • Live streaming (without archiving); • Audio and visual recording with the option of posting on Council’s YouTube channel; and • Audio recording.

The report also details information regarding the feasibility of each option. To achieve the best quality outcome for accessibility and transparency, option 1 is considered the best option as it provides live streaming plus archiving of recorded meetings for community members.

2. Background

Council, at its meeting on 25 March 2013, considered a Notice of Motion presented by Cr Eden regarding the recording of Council meetings.

Council resolved as follows:

“That by the end of May, 2013 Council staff are to have developed and presented a report to Council at a CIS detailing the options and feasibility of recording Council meetings in audio and/or visual format, and making such recordings easily accessible to the public; including but not limited to; making the meetings available online (the internet).”

Following investigation, officers are aware of only two other Victorian Councils currently streaming their meetings: 346

• City of Greater Dandenong; and • Wellington Shire Council.

Whist this number is relatively low, officers were advised in the course of their discussions with the City of Greater Dandenong that they have received similar enquiries from approximately ten other Victorian Councils in recent months.

3. Discussion

3.1. Council Plan Alignment Goal 5 – Efficient and Innovative Stewardship of the Organisation and Resources

Strategy 5.2 – An organisation with transparent, innovative and robust business and financial processes facilitating strong accountability to the community.

3.2. Consultation/Internal Review Officers have consulted with the City of Greater Dandenong regarding the logistics and method they use to record Council meetings. Officers have also researched the recording of Council meetings by Gold Coast City Council and Wollongong City Council. Further, officers have spoken to three (3) suppliers regarding the possibility of recording meetings.

3.3. Operation and Strategic Issues

3.3.1. Issues arising from the Recording of Council Meetings

• Accessibility: By recording Council Meetings, Council allows for greater accessibility to its decision making process, especially for community members who are unable to attend Council meetings regularly. This access leads to greater transparency and gives community members a more detailed account of each meeting that cannot be gleaned from the Council Minutes alone. Copies of Council recordings can be provided at a cost of $10 per DVD, with option 1(a).

• Privacy: Recording of Council Meetings raises privacy concerns for members of the community that attend meetings and address Council, either verbally or by way of the Question Time part of the meeting. To address these concerns Council would need to comply with Victorian Privacy Legislation, which can be achieved through the placement of a sign in the foyer of the Council Chamber advising that the meeting is being recorded, which is a method used by other Councils. For Councillors’ information, the webcast disclaimer sign used by Wollongong City Council is attached (Appendix 1).

A community member or Councillor could refuse or ask not to be recorded on certain matters. A clear policy would need to be in place to cover such situations.

• Cost: The following table provides a cost breakdown of the different recording options for Council to consider. In considering the options, Council needs to weigh up the cost versus the anticipated use of this service by the community and the issues outlined in this paper. The cost will also vary depending on whether Council wishes to record all public meetings (such as Special Council Meetings and Planning Committee Meetings) or just Ordinary Meetings of Council.

3.4. Options

Option Estimated Capital Costs Estimated Ongoing Costs 347 Option 1(a) Installation of 3 cameras, Streaming, ADSL line, archiving, Live Streaming touch screen camera editing, setup (also includes full (With Archiving) positioning, four external training and backup and attendance mixers at first 3 meetings).

$15,000 – $20,000 Cost: $792 per month for 1 meeting $1,518 per month for 2/3 meetings.

Officer to operate cameras.

Option 1(b) As per Option 1(a) As per Option 1(a) less $200 per Live Streaming month on archiving. (Without Archiving) Cost: $592 per month for 1 meeting $1,318 per month for 2/3 meetings. Option 2 Installation of fixed Editing of Council Meeting. Audio & Visual camera/s Recording (YouTube Optional) $10,000 – $15,000 Option 3 Upgrade of system to Officer time to format and podcast Audio Recording include recording recordings. (Podcast Optional) equipment

$1,500 No formal quotes have been sought at this point. The above costings are purely indicative and may be subject to further price rise in future years.

Estimated Annualised Costs

These costs are based on recording 11 Ordinary Council Meetings per year

Option Year 1 Costs Estimated Ongoing Costs 1(a) Capital Operational

$15,000 - $20,000 $11,500 $11,500

1(b) $15,000 - $20,000 $9,300 $9,300

2 $10,000 - $15,000 $1,320 $1,320

3 $1,500 $1,320 $1,320

To assist Councillors in weighing up the competing interests of costs versus use of recorded Council meetings, Councillors could consider the attached article in the Illawarra Mercury entitled ‘Wollongong council's live broadcast success’ dated 6 May 2013 (Appendix 2), which highlights the average number of people viewing each recorded Council meeting.

In relation to the merits of archiving recorded Council meetings, the following statistics have been obtained which show the number of archived views of the Wollongong City Council archived recordings for the period 16 March – 16 April 2013 and the devices used to access the recordings:

• Windows 97 people viewed the archived meetings on 146 occasions; • iOS 39 viewed the archived meetings on 87 occasions; • Macintosh 17 viewed the archived meetings on 71 occasions; • Android 2 viewed the archived meetings on 3 occasions; and 348 • Linux 2 viewed the archived meetings on 2 occasions.

4. Conclusion

Currently the only record of Council meetings for members of the public is via the public minutes posted on Kingston’s website. Whilst this document provides an accurate record of all resolutions from meetings, it does not reflect the level of detailed discussion and debate that Councillors engage in prior to coming to a decision.

By recording Council meetings, there is greater accessibility for the community in relation to Council’s decision making process. This needs to be balanced with the costs incurred in providing this service.

4.1. Environmental Implications

Not applicable.

4.2. Social Implications

Recording of Council meetings provides the community with greater accessibility to Council’s decision making process.

4.3. Resource Implications

Resourcing costs for each of the options presented in this report are indicative. Officers may also require training prior to undertaking the on-going duties required for each option. The proposed costs have not been included in the proposed 13/14 budget.

4.4. Legal/Risk Implications

Council must comply with the Information Privacy Act 2000, if it were to implement recording of Council Meetings.

5. Appendices

5.1. Appendix 1: Wollongong City Council Webcast Disclaimer (13/44170)

5.2. Appendix 2: Article –‘Wollongong Council’s Live Broadcast Success, Illawarra Mercury, Monday 6 May 2013 (13/44172)

Author/s: Stephanie O'Gorman, Governance Officer Reviewed and Approved By: Anthony Basford, Acting General Manager Organisational Development and Governance

349 350

Wollongong council's live broadcast success By KATE McILWAIN April 6, 2013, 4:05 a.m.

They're not exactly a threat to Monday night prime-time television but the live broadcasts of Wollongong City Council meetings have been declared a ratings hit.

An average of 103 people have watched each council meeting online since the service began in December, a figure Councillor David Brown said was four or five times the number of residents who turned up to watch from the public gallery each week.

"If there's no particularly hot issue being debate at council, we usually get about 20 people turning up," he said.

MORE: All a-Twitter over council's first broadcast

WATCH: Wollongong council meeting webcasts

"I'm broadly happy with the numbers we are getting so far and I think if we keep reminding people it's available, the numbers will go up further."

The live webcasts were introduced at last year's final council meeting and were designed to increase transparency and accessibility for residents who were unable to physically attend.

The initial broadcast attracted the most viewers, with 160 people watching live.

The curse of the summer rating period seemed to kick in during February, when only 57 and 69 people tuned in to watch the two meetings held that month. However, figures picked up again for the March 11 meeting.

Wollongong's live stream ratings were above those of smaller councils such as Shellharbour but still below the larger Gold Coast City Council.

351 Last year, Shellharbour averaged 30 to 40 viewers while Gold Coast had an average of 150 people watching each broadcast.

Councillor George Takacs said webcasts meant more residents would be able to understand how council decisions were made.

"I'm happy with the numbers and it also gives people the opportunity, even weeks later if they are concerned about a decision, to go back and see what arguments the council has made for or against the decision."

The councillors said being on camera had not changed their meeting behaviour.

"Once you're into the debate you tend to forget it's being televised - and I certainly don't think I've pulled any punches or played up for the cameras," Cr Brown said.

Partially due to the success of the live broadcast service, council staff have recommended in a report to Monday's meeting that a trial of external council meetings be discontinued.

Cr Takacs said webcasts had reduced the need to hold the meetings in suburbs like Dapto.

VIEWER TOTALS

People who tuned in live to watch Wollongong City Council meetings online:

December 10 – 160

January 28 – 111

February 11 – 57

See your ad here February 25 – 69

March 11 – 118

352 Ordinary Council Meeting

27 May 2013 Agenda Item No: P 84

WARD COUNCILLOR MEETING POLICY

Contact Officer: Phil DeLosa, Program Leader Governance

Purpose of Report The purpose of this report is to provide background for Council to adopt the Ward Councillor Meeting Policy.

Recommendation That Council:

1. Adopt the Ward Councillor Meeting Policy as presented in appendix one.

1. Executive Summary

The revised Ward Councillor Meeting Policy (the Policy) has been developed based on discussion with Councillors.

There is no Statutory requirement to have a specific policy on Ward Councillor Meetings. However a policy provides guidance, consistency and transparency.

The Policy has been developed on the understanding that Councillors wish to continue the practice of Ward Councillor Meetings, and covers the issues of purpose, frequency, meeting content, costs, support, promotion and relationship to election periods.

2. Background

At the Strategic Councillor Information Session (CIS) on 18 March 2013, Councillors discussed and provided direction in relation to a revised Policy.

Council’s current Ward Councillor Meetings Policy has been in operation since 24 May 2010.

The previous Council resolved to defer a review of this Policy until after the 2012 Council elections. (Council meeting 25 June 2012.)

353 The current Policy does not adequately address a number of issues such as the allocation, use and amount of resources for Ward Councillor Meetings, the distribution of material and content (i.e. agendas for Meetings) and frequency of Meetings.

3. Discussion

3.1. Council Plan Alignment Planned Outcome 5 – Efficient and Innovative Stewardship of the Organisation and Resources

Strategy 5.2 – An organisation with transparent, innovative and robust business and financial processes facilitating strong accountability to the community.

3.2. Consultation/Internal Review Councillors have been engaged in this process through the discussion at the CIS in March 2013

3.3. Operation and Strategic Issues 3.3.1. Commitment to Ward Councillor Meetings The Policy has been developed on the understanding that Councillors wish to continue the practice of Ward Councillor Meetings, with greater clarity and guidance on running such meetings.

The Policy outlines the reasons for holding Ward Councillor Meetings as a way of engaging with constituents on important issues, to both provide information and better understand issues.

3.3.2. Definition and frequency A Ward Councillor Meeting is defined as “A meeting of all Ward Councillors or available Ward Councillors with constituents of their ward”.

Ward Councillor Meetings can be held up to two times per calendar year.

The Policy seeks to encourage Ward Councillor cooperation and collective agreement when a Ward Councillor Meeting is being planned.

3.3.3. Policy intent The Policy is not designed to limit or restrict Councillors from undertaking or participating in meetings in their Ward relating to local or municipal issues as part of undertaking their role as a Councillor, with or without Council Officer attendance

3.3.4. Ward Councillor Meeting costs The previous Policy allocated an additional $1,000 funding to Councillor Ward funds for the purpose of running Ward Councillor Meetings. Under the revised Policy this practice will cease as the revised Policy acknowledges that Ward Councillor Meetings are an important part of the process of engaging with constituents. The costs as listed in the Policy to hold Ward Councillor Meetings would now be covered by Council.

354 The projected costs of a Ward Meeting are:

• Advertising – estimated $200 per newspaper advertisement. • Flier distribution to all properties in the ward – approx. $1,000 per meeting • Sandwich platter/s, fruit platter/s, tea, coffee and biscuits – approximately $300 per meeting.

• Venue Hire – Subject to venue used. Preference would be Council owned venues. • Support Officer – Applicable award overtime rates would apply. • Senior Officer Attendance – Cost covered within contract conditions.

Ward Councillor Meeting costs can be covered within existing budget allocations. The draft 2013/14 Budget has an allocation of $18K for Ward Councillor Meetings.

Councillors would not personally contribute to the cost of running a Ward Councillor Meeting.

3.3.5. Meeting Timings The Policy also provides clear guidance for when a Ward Councillor Meeting can be held, including avoiding election periods.

Based on the revised Policy , no Ward Councillor Meetings could be held until after the upcoming Federal election on the 14 September 2013.

3.4. Options 3.4.1. Option 1 (preferred option) That Council adopt the revised Ward Councillor Meeting Policy for the reasons outlined in this report, specifically to provide clarity and guidance for the running of Ward Councillor Meetings. 3.4.2. Option 2 That the current Ward Councillor Meetings Policy is retained.

4. Conclusion

The revised Policy provides an agreed purpose and parameters for Ward Councillor Meetings, based on Councillor feedback and to address past issues.

4.1. Environmental Implications Not applicable.

4.2. Social Implications The Policy supports the Charter of Human Rights and Responsibilities, and encourages community involvement in Council decision making processes.

4.3. Resource Implications Ward Councillor Meetings can be undertaken within existing budget allocations.

4.4. Legal / Risk Implications Providing agreed parameters and clarity for support of Ward Councillor Meetings minimises the risk of meetings being used in a manner contrary to Council or community expectations.

355 5. Appendices

5.1. Appendix one – Revised Ward Councillor Meeting Policy TRIM Ref: 13/42459

Author/s: Anthony Basford, Acting General Manager Organisational Development and Governance Reviewed and Approved By: John Nevins, Chief Executive Officer

356

Ward Councillor

Meeting Policy

Approval [date]

Revision May 2013

Review By June 2017 or as required

Responsible Executive General Manager Organisational Development & Governance Contact Officer Program Leader Governance Delegated Authority Not applicable Exemption Not applicable

357

Contents

1. Purpose of the Policy

2. Scope

3. Definitions

4. Responsible Executive

5. Contact Officer

6. Related Documents

7. Delegation Authority

8. Policy Statement

9. Procedures

10. Decision Guidelines

11. Transition/Translation arrangements

12. Review

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1. Purpose of the Policy

The ‘Ward Councillor Meeting Policy’ (the Policy) provides an outline of the protocols and guidelines for Councillors to undertake meetings with ward constituents and the support mechanisms to be provided by Council.

2. Scope

The Policy applies to all Councillors wishing to hold Council funded and supported meetings with ward constituents.

The Policy is not intended to limit or constrain a Councillor from conducting or meeting with ward constituents on specific ward or municipal issues, or from impromptu or incidental meetings with ward constituents that may occur whilst a Councillor is performing their duties, including meetings that may be held with or without Council Officers in attendance.

3. Definitions

Ward – An electoral district, for administrative and representative purposes, as prescribed by the Victorian Electoral Commission

Ward Councillor – A Councillor elected to a specific ward.

Ward constituents – Community members associated with the ward of the Councillor through residential, business, recreational or other community affiliation.

Ward Councillor Meeting – A meeting of all Ward Councillors or available Ward Councillors with constituents of their ward.

4. Responsible Officer

Chief Executive Officer

5. Contact Officer

Program Leader Governance

6. Related Documents

Councillor Support and Reimbursement of Expenses Policy – currently under review Media and External Communications Policy – currently under review Councillor Code of Conduct – Trim No: 12/131662 Care Taker Policy – Trim No: 12/45627

7. Delegation Authority

Nil

8. Policy Statement

Council recognises the importance of meeting with and hearing from ward constituents on a regular basis about the issues that are important and of concern to them. In recognition of this, Council supports the practice of Ward Councillor Meetings.

Ward Councillor Meetings are for the purpose of: . hearing feedback from the community; . providing an opportunity to communicate project updates, upcoming events and consultation processes; and . to consult on difficult or sensitive community issues.

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Meetings are to be focused on listening and understanding issues, rather than resolving issues.

It is anticipated that wherever possible all ward Councillors will work together in holding Ward Councillor Meetings, without limiting other meetings as described in Clause 2.

9. Procedures

9.1 Frequency Ward Councillor Meetings will be held up to two times per calendar year, without limiting the requirements described in the Timings Clause 9.8 on election periods.

The Policy seeks to encourage Ward Councillor cooperation and collective agreement when a Ward Councillor Meeting is being planned. In the event that agreement cannot be reached, Councillors should consider whether the meeting being considered is a Ward Councillor Meeting as defined in Clause 3.

9.2 Meeting costs Ward Councillor Meetings are fully funded by Council, in recognition that they are an approved activity of Council.

The following costs are covered: . venue hire; . flier distribution to properties in the Ward; . sandwich platter/s (or similar), fruit platter/s, tea, coffee and biscuits for attendees; . equipment hire (ie PA, IT, or other equipment deemed necessary to run the meeting); . printing of sufficient fliers to promote in the Ward; . paid advertisement in the public notices section of the relevant local paper; and . Officer attendance with applicable award overtime rate for non-senior officers.

The following costs are not covered; . guest speakers; . facilitators; or . entertainment.

Ward Councillor Meeting arrangements and logistics will be undertaken by Governance.

9.3 Chairing The meeting will be chaired by one Councillor through mutual agreement by all ward Councillors.

Council support officers are not to Chair the meeting unless there are exceptional circumstances.

9.4 Officer support A senior Council Officer will attend in an advisory capacity.

A support Officer will attend to take notes of the meeting.

9.5 Agenda The agenda should reflect the purpose of Ward Councillor Meetings as described in Clause 8 of this Policy.

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9.6 Promotion The following information will be included in all promotion material: . Ward name . All Ward Councillor names (regardless if they are attending or not) . All Ward Councillor contact details . Ward Councillor Meeting date, time and location . Specific agenda items . Council contact details

Flier distribution – A standardised A4 flier template for promoting Ward Councillor Meetings will be used and the flier will be distributed to all properties in the ward.

Newspaper advertisement – A newspaper advertisement in the public notices section will be submitted to run two (2) weeks before the Ward Councillor Meeting.

Kingston Your City (KYC) – An article will be published in KYC in the edition preceding the Ward Councillor Meeting.

Kingston Website – The promotional flier will be placed on the Kingston public website.

Ward Councillor Electronic Media – A Councillor may include the same information that is published publicly on their personal digital media platforms (websites, social media etc).

9.7 Location A Ward Councillor Meeting should take place within the ward boundaries, in a Council owned/supported venue.

In determining a venue for a Ward Councillor Meeting, Councillors should take into account the accessibility of the facility being chosen to support and encourage the broadest possible attendance.

Ward Councillors can only call a Ward Councillor Meeting in the Ward in which they have been elected.

Councillors from another Ward may attend a Ward Councillor Meeting in another Ward as observers, but not as participants.

9.8 Meeting timings A meeting with ward constituents should not be called where it will clash with an: . Ordinary Council Meeting; . Special Council Meeting; . Planning Committee Meeting; . Councillor Information Session; or . Village Committee Meeting.

This Policy does not limit Ward Councillors from inviting Village Committee members to a Ward Councillor Meeting or from holding a Ward Councillor Meeting in place of a Village Committee Meeting following consultation with the relevant Village Committee.

To avoid any conflict with the agreed purpose of Ward Councillor Meetings, the following should be observed: . No Ward Councillor Meetings will be held within 6 months before a Local Government Election. . No Ward Councillor Meetings will be held within 6 months before a State Election. . No Ward Councillor Meetings will be scheduled within 6 months before a Federal Election or the latest potential date for Federal Election. Where a Federal Election is called early, the Ward Councillor Meeting will be cancelled where there is the ability to provide at least two (2) weeks’ notice to the community.

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10. Decision Guidelines

Support is available from the Chief Executive Officer, General Manager Organisational Development & Governance or Program Leader Governance in relation to the content of this Policy.

11. Transition/Translation arrangements

This Policy shall come into effect when adopted by a resolution of Council.

12. Review

This Policy should be reviewed in the next Council term.

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Ordinary Meeting of Council

27 May 2013 Agenda Item No: P 85

NAMING REQUEST FOR THE REGENTS PARK CLUBROOMS AT ASPENDALE

Contact Officer: Phil De Losa, Program Leader Governance

Purpose of Report To inform Councillors on the process to progress a request by the Edithvale / Aspendale Football Club (the Club) to name the Regents Park Clubrooms in Aspendale after Ken Lyons, a member of the local sporting community who died in June 2012. Disclosure of Officer / Contractor Direct or Indirect Interest No Council officer/s and/or Contractor/s who have provided advice in relation to this report have declared a Conflict of Interest regarding the matter under consideration.

Recommendation That Council:

1. Commence the naming proposal process including the consultation process with the public and emergency response and other service providers and in doing so adhere to the Guidelines for Geographic Names 2010 - Version 2.

1. Executive Summary

Council has received a request by the Edithvale / Aspendale Football Club to name the Regents Park Clubrooms in Aspendale after Ken Lyons, a member of the local sporting community who died in June 2012. The club rooms are considered a feature controlled by Council and compliance with Guidelines for Geographic Names 2010 - Version 2 (the Guidelines) is mandatory for all government controlled features.

The Guidelines, issued by the then Department of Sustainability and Environment now known as the Department of Environment and Primary Industries, and provided for under the Geographic Place Names Act 1998, are discussed below.

2. Background

The naming request has been received from Mr Ted Turner, President of the Edithvale / Aspendale Sporting Club who has provided details of multiple clubs’ endorsement of the proposed name changed; Edithvale Aspendale Football Club, Edithvale Aspendale Junior Football Club, Aspendale Cricket Club (refer to appendix 1).

3. Discussion

3.1. Council Plan Alignment Planned Outcome 3 - Healthy, Strong and Connected Communities

363 Strategy 3.2 - Strong, cohesive & engaged communities with a sense of civic pride and participation. 3.2. Consultation/Internal Review The Guidelines require consultation with: • Indigenous communities if the proposed name is derived from an Indigenous Australian language or is a traditional Indigenous name for the feature; • Emergency response and other service providers; and • The public.

4. Operational and Strategic Issues

4.1. Compliance with the Guidelines for Geographic Names 2010 (‘the Guidelines’)

For this request to proceed, Council is required to comply with the Guidelines issued by the then Department of Sustainability and Environment now known as the Department of Environment and Primary Industries.

These guidelines, provided for under the Geographic Place Names Act 1998, are mandatory for naming authorities (such as Council) in Victoria and are discussed below.

4.2. Formal Proposal Process

As Council is the naming authority, the naming proposal must follow the Formal Proposal Process contained in the Guidelines:

Step 1 – Check Information Step 2 – Check for conformance with the principles (see 3.3.3) Step 3 – Consult with Indigenous communities Step 4 – Consult with emergency response and other service providers Step 5 – Consult with the public Step 6 – Consideration by Council

The Council decision to accept or reject a proposal needs to be formally adopted. Notification of the decision must be given to any party who responded to the proposal.

4.3. Principles

In addition to the above Formal Proposal Process, conformance with the Principles is required. These are:

Principle 1A - Language Principle 1B - Recognising the public interest Principle 1C - Ensuring Public Safety Principle 1D - Ensuring names are not duplicated Principle 1E - Directional names to be avoided Principle 1F - Assigning extent to a feature, locality or road Principle 1G - Linking the name to a place Principle 1H - Using commemorative names Principle 1I - Using commercial or business names Principle 1J - Names must not be discriminatory Principle 1K - Recognition and use of Indigenous Australian names Principle 1L - Dual names Principle 1M - Consulting with the public Principle 1N - Lodging, considering and addressing objections Principle 1O - Notification of a naming decision Principle 1P - Signage

364 4.4. Lodging Proposal with the Office of Geographic Names (‘OGN’)

If Council resolve to accept the proposed name change, the following steps will be required: • Lodgement of the proposal with the OGN which involves submitting the following: o details of the feature (including, if possible, the address and access points for emergency response); o background of the proposed name and why it was selected; o details of the consultation process, outcomes and how any objections have been addressed; o indication that the name conforms to the principles of outlined in paragraphs 4.2 and 4.3 above; and o notification that the proposal has been accepted by Council or is being submitted by a delegated officer. o A report detailing . a copy of consent from the Indigenous consultative group; . details of consultation with emergency response and public service providers . copies of survey material; . de-identified (i.e. personal details removed) objections received from the public; . copies of letters sent to objectors indicating their ability to lodge a further objection to the Registrar (as provided in Principle 1(N)above); and . a copy of council minutes indicating acceptance of the proposal.

The Registrar of Geographic Names will consider the proposal: • If the name is approved by the Registrar, a notice will be published in the Victorian Government Gazette • Registration and notification o Once the proposal has been gazetted, the Registrar will enter into the VICNAMES database the details of the new or modified feature name. The gazettal date will be recorded as the official date of registration. o Upon registration, the OGN will inform relevant stakeholders as provided in Principle 1(O) above. The government department or authority is also encouraged to inform local stakeholders as provided in Principle 1(O). o Stakeholders are provided with details of historical information on the new name, explaining why the name was chosen and the linkage to the local area • Signage o Signage must conform to the details outlined in Principle 1(P). In addition to this, it is recommended that, as a minimum, the signage for a feature is located at access points to the feature to ensure visitors can readily identify the feature in an emergency. o Signage must be erected within 30 days of the name being gazetted and registered.

5. Options

5.1. Option 1 – Preferred Option

Proceed with the Formal Proposal Process to name the Regents Park Club Rooms the ‘Ken Lyons Pavilion’.

5.2. Option 2

Don’t proceed with the Formal Proposal Process and advise the Edithvale / Aspendale Football Club accordingly.

365 6. Conclusion

6.1. Environmental Implications Nil. 6.2. Social Implications The proposed name reflects the long service contribution by a local community member to the sporting community in Aspendale and Edithvale. 6.3. Resource Implications The cost of undertaking the formal proposal process can be undertaken within current budget allocations. 6.4. Legal / Risk Implications There is a formal process for naming covered by the Geographic Places Name Act which Council is required to follow.

7. Appendices

7.1. Appendix 1 Correspondence dated 20 February 2013 (received 19 March 2013) from the Edithvale Aspendale Football Club. (13/26773).

Author/s: Angela Granter, Governance Officer Reviewed and Approved By: Phil De Losa, Program Leader Governance Anthony Basford, Acting General Manager - Organisational Development and Governance

366 367 368 369

Ordinary Council

27 May2013 Agenda Item No: P 86

AMENDMENT TO COUNCIL POLICY 1.01 CHARITY COLLECTIONS/APPEALS

Contact Officer:Neil Sheppard

Purpose of Report This is a procedural report to request an amendment to Council Policy 1.01 Charity Collections/Appeals to provide improved administration processes for applications received. Disclosure of Officer / Contractor Direct or Indirect Interest No Council officer/s and/or Contractor/s who have provided advice in relation to this report have declared a Conflict of Interest regarding the matter under consideration. Recommendation Officers recommend that Council: 1. Adopt the revised Policy for Approval of Charity Collections/Appeals

1. Executive Summary The attached revised Council Policy 1.01 Charity Collections/Appealsremoves the restrictions on which charities may be granted a permit to fund raise by door knocking or undertaking an intersection collection in Kingston and delegates the approval of applications that comply with the policy to the Manager Statutory Education and Compliance (SECS) and to General manager Corporate Services (GMCS).

2. Background The revised policy attached to this report will assist in the intersection collection/door knock permit process. The current policy adopted in 1997restricted the number of charity organisationsthat were allowed to conduct one door knock appeal and intersection collection in Kingston per year to the following organisations:

1. Red Cross (March of each year) 2. AUSTCARE (May-June of each year) 3. Salvation Army (May of each year) 4. National Heart Foundation (Sunday in August of each year) 5. Freedom from Hunger (October of each year) 6. Spastic Society of Victoria (April of each year) 7. Royal Children’s Hospital Good Friday Appeal

In addition to the 7 listed organisations, other organisations were able to be permitted to conduct door knocks, however all applications received had to be referred to Council for consideration.

370 Victoria Police will only allow two intersections in Kingston to be used for intersection collections. This based on speed limits, traffic flow and traffic lights operating. The two intersections in Kingston are Warrigal Road/Centre Dandenong Rd Cheltenham and Edithvale Road/Station St Edithvale.

The 1997 policy allowed for each of the above two intersections to be used for charity collections only once per month. This is to prevent overuse of the intersections and to limit the times that motorists are presented with intersection charity collections. No change to this aspect of the policy is recommended.

This policy has not been reviewed since 1997.

An amendment to this policy allowing any registered charity or a community organization using mainly volunteers based in Kingston serving the broader community (for example CFA, SES, Lifesaving Clubs) to request a permit to undertake charity collections is recommended.

3. Discussion 3.1. Council Plan Alignment Planned Outcome 3 - Healthy, Strong and Connected Communities Planned Outcome 5 – Community Inspired Leadership Strategy 5.3 – Sound governance and responsible financial leadership

3.2. Consultation/Internal Review Statutory Education and Compliance have liaised with the Communications and Governance teams and determined that this policy required updating.

Benchmarking with neighbouring councils Bayside, Greater Dandenong, Frankston and Glen Eira indicates that it is common practice to accept applications for intersection/charity collections from any registered charity and from community groups servicing the community using volunteers.

Each of these neighbouring Councils only allow one collection per month at each of their Victoria Police allocated intersections and are generally able to work with Council to ensure that overuse of the two approved intersections does not occur.

Consultation with current charity organisations and Kingston based community groups indicates that they are satisfied with the two locations provided for charity collections at intersections and are generally able to work with Council to ensure that “overuse” of the two approved intersections does not occur.. . 3.3. Operation and Strategic Issues To address the identified shortcomings in the 1997 policy, the Charity Collections/Appeals policy will need to be amended and adopted by Council. This will remove the requirement for all requests to be considered by Council and will allow any registered charity to apply for a permit and delegate the approval to the relevant Manager and General Manager.

Two paragraphs in the Policy require replacing to reflect current Legislation. In Clause 1.1 Power to Issue Approvals it is proposed to amend the following:

Clause 1802 of the Road Safety (Traffic) Regulations 1988 requires a written permit to be obtained through the Chief Commissioner of Police before a person may undertake the collection of contributions on a Highway. Prior to this approval being given, Council must initially give its approval to the collection being undertaken.

371 Replace with:

Clause 28 of the Road Safety (Traffic Management)Regulations 2009 requires a written permit to be obtained through the Chief Commissioner of Police before a person may undertake the collection of contributions on a Highway. Prior to this approval being given, Council must initially give its approval to the collection being undertaken.

And;

In addition, Clause 19 of Council’s Local Law No. 2, 1996 stipulates a person must not undertake Highway Collections without obtaining an appropriate permit from the Victoria Police.

Replace with:

In addition, Clause 19 of Council’s Local Law No. 2 stipulates a person must not undertake Highway Collections without obtaining an appropriate permit from the Victoria Police.

Replace section 2.1 with

Any charitable organisation or volunteer based community group located in Kingston serving the broader community in any one year will be permitted one application to conduct door knocks or intersection collections Council will have a preference for City of Kingston based organisations and organisations which utilise volunteer collectors when considering applications.

4. Conclusion 4.1. Environmental Implications There are no environmental implications.

4.2. Social Implications The amendmentprovides an improvement for the administration of the permit process for intersection collections and charity door knock appeals. It also determines who is able to apply for a permit to undertake intersection collections and charity appeals.

4.3. Resource Implications There are no resource implications.

4.4. Legal/Risk Implications Officers believe there is no legal or risk implications for the recommended amendment.

5. Appendices 5.1. Appendix 1 – A-Z Policy 1.01 Charity Collections/Appeals 08/97835 5.2. Appendix 2 – Proposed Revised Charity Collections/Appeals Policy 13/32613

Author/s: Neil Sheppard Team Leader Statutory Compliance Reviewed and Approved By: Paul Franklin General Manager Corporate Services

372 POLICY

CHARITY COLLECTIONS/APPEALS

INTRODUCTION

This policy provides guidelines for the assessment of applications from Community and Charity Organisations to undertake charity collections within the City of Kingston. This policy seeks to facilitate the collection of funds for community projects by charitable and community organisations in balance with minimising the imposition on residents and regular road users due to excessive numbers of collections.

1. Highway Collections

1.1 Power to Issue Approvals

Clause 1802 of the Road Safety (Traffic) Regulations 1988 requires a written permit to be obtained through the Chief Commissioner of Police before a person may undertake the collection of contributions on a Highway. Prior to this approval being given, Council must initially give its approval to the collection being undertaken.

While Council is required to give approval to highway collection the policy recognises the limited control Council has over the actual management of the intersections where the collections occur and the behaviour of the people involved in the collections.

The Policy and Education Division of the Victoria Police have developed specific guidelines for the administration of Highway Collections - refer to the attachment to this policy.

In addition, Clause 19 of Council’s Local Law No. 2, 1996 stipulates a person must not undertake Highway Collections without obtaining an appropriate permit from the Victoria Police.

Therefore, the criteria for assessing Council approval for Highway Collections is directed toward issues of relevance to Council being:-

• The frequency of occurrence at any particular site; • The type of organisation applying • The frequency of approval for any particular organisation.

2. Door Knock Appeals

2.1 The following organisations in any one year will be permitted on application to conduct door knocks:- Policy No. 1.1 Adopted by Council 28 January 1997 Charity Collections/Appeals Page 1 of 6 373

(a) Red Cross (March of each year) (b) AUSTCARE (May - June of each year) (c) Salvation Army (May of each year)

(d) National Heart Foundation (Sunday in August of each year) (e) Freedom from Hunger (October of each year) (f) Spastic Society of Victoria (April of each year) (g) Royal Children’s Hospital Good Friday Appeal

In addition to the above organisations, other organisations may be permitted to conduct door knocks each year should worthwhile applications be received. All such applications will be referred to Council for consideration. Council will have a preference for City of Kingston based organisations and organisations which utilise volunteer collectors when considering applications.

3 Applications To Undertake Charity Collections

3.1 A formal annual application will be required from each charitable organisation or community organisation proposing to undertake door knock appeals or highway collections in the City of Kingston. The applicants will be required to provide the following information:

• details of preferred collection dates/times, • areas to be covered, • promotional and information material, • who would be doing the door knocking/highway collection, • training procedures for collectors, • insurance and liability matters, • identification of collectors, • complaint handling arrangements, • how the collected funds will be distributed, and • what are the benefits/services flowing to the City of Kingston

Policy No. 1.1 Adopted by Council 28 January 1997 Charity Collections/Appeals Page 2 of 6 374

4 Criteria For Assessing And Issuing Of Approvals

4.1 Frequency of Approvals

In order that motorists and residents from the local area are not subjected to constant requests for donations, only one approval per month shall be granted for any particular location for either door knock appeals or highway collections. Keeping in mind the impact on traffic during peak periods, permits for highway collections should be limited to weekends or public holidays.

4.2 Appropriate Organisations Permission to undertake Highway Collections should be limited to recognised charitable/community based organisations and take into account annual fund raising appeals. Preference will be given to organisations based within the City of Kingston.

In assessing the appropriateness of particular organisations, consideration shall be given to the proposed disbursement of contributions collected and the resulting benefit to the Kingston Community.

4.3 Number of Approvals Issued to Organisations

Organisations shall generally be limited to one permit per year. However, where appropriate, a single organisation may be allowed to collect from multiple sites. Approvals may cover the full weekend period.

4.4 Approval Fees

As the approvals will only be given to recognised community and charity organisations, no fees will be charged for assessing/issuing approval.

4.5 Condition of Approval - Highway Collections

Approvals for highway collection shall be issued by Council on the condition that the applicant obtain and abide by the appropriate Victoria Police Permits. In issuing an approval, consideration shall be given to the standard of compliance of the applicant to previous approvals. The issuing of approvals remains at the discretion of Council.

The following condition shall be attached to any approval:-

The City of Kingston has no jurisdiction in the matter of assessing the appropriateness of a site for Highway Collection or for conditions which must be met when operating within a Permit issued by the Victoria Police under the Road Safety (Traffic) Regulations 1988.

Council’s jurisdiction for granting or withholding approval for Highway Collections is limited to assessment of the following factors:

Policy No. 1.1 Adopted by Council 28 January 1997 Charity Collections/Appeals Page 3 of 6 375

1) The frequency of occurrence at any particular site; 2) The type of organisation applying; and 3) The frequency of approval for any particular organisation.

Approval for Highway Collections is granted by the City of Kingston after consideration of the above factors and on the condition that the applicant obtains and abides by the appropriate Victoria Police Permit. The City of Kingston has not made any assessment of the appropriateness of locations as this is a matter for the Victoria Police and therefore the City of Kingston will not be liable for any loss or injury whatsoever which occurs as a result of the issuing of a Victoria Police Permit to undertake a Highway Collection.

5. Review of Policy

5.1 This policy will be reviewed by May 1998 to enable planning and consideration of applications for 1999.

Policy No. 1.1 Adopted by Council 28 January 1997 Charity Collections/Appeals Page 4 of 6 376 ATTACHMENT Granting of Approvals for Highway Collections

Clause 1802 of the Road Safety (Traffic) Regulations 1988 requires a written permit to be obtained through the Chief Commissioner of Police before a person may undertake the collection of contributions on a Highway. Application for permission must be made at least one month in advance, and if permission is given, it would be subject to conditions set out in the permit. The Victoria Police as such have the direct responsibility for the assessment of the appropriate locations for the Highway Collections and the conditions under which these collections occur. The Council has no jurisdiction in this matter and for the majority of sites that meet the guidelines, the Council is not the Responsible Highway Authority.

The Police have established their own guidelines for assessing the appropriateness of a site and the conditions to operate with the permit. These guidelines stipulate the written permission of the appropriate Council must be obtain by the applicant and submitted with the application. This is the only involvement of Council in the issuing of the permits and is intended to address previous problems experienced where the Police had issued permits which were subsequently not supported by the respective Council. It should be noted that Vic Roads as the Highway Authority for the majority of potential collection sites in the Municipality has no involvement at all in the permit approval or enforcement of Highway Collection permits.

Clause 19 of Council’s Local Law No. 2, 1996 stipulates a person must not undertake Highway Collections without obtaining an appropriate permit from the Victoria Police.

Guidelines for the Assessment of Highway Collection Approvals

The Victoria Police guidelines for the assessment of appropriate locations for Highway Collections are:

1. The nominated intersection must be controlled by traffic signals.

2. No highway collection shall take place between sunset and sunrise.

3. No Highway Collections shall take place at an intersection located in a speed zone greater than 70 kph.

4. No highway collection shall commence or continue during inclement weather or abnormal atmospheric conditions.

5. Collectors shall only enter upon the carriageway:-

• when a red traffic control signal is displayed facing vehicles from which they wish to solicit for contributions; and

• shall immediately leave the carriageway and remain on the reservation or footpath when that traffic control signal changes from red.

Policy No. 1.1 Adopted by Council 28 January 1997 Charity Collections/Appeals Page 5 of 6 377 When the carriageway is divided into more than four lanes (including turn lanes), collectors shall not proceed onto the carriageway further than two lanes from the boundaries of the carriageway.

Policy No. 1.1 Adopted by Council 28 January 1997 Charity Collections/Appeals Page 6 of 6 378

Policy No. 1.1 Adopted by Council 28 January 1997 Charity Collections/Appeals Page 7 of 6 379 POLICY

CHARITY COLLECTIONS/APPEALS

INTRODUCTION

1. Highway Collections

1.1 Power to Issue Approvals

Clause 1802 of the Road Safety (Traffic) Regulations 198828 of the Road Safety (Traffic Management) Regulations 2009 requires a written permit to be obtained through the Chief Commissioner of Police before a person may undertake the collection of contributions on a Highway. Prior to this approval being given, Council must initially give its approval to the collection being undertaken.

The Policy and Education Division of the Victoria Police have developed specific guidelines for the administration of Highway Collections - refer to the attachment to this policy.

In addition, Clause 19 of Council’s Local Law No. 2, 1996 stipulates a person must not undertake Highway Collections without obtaining an appropriate permit from the Victoria Police.

Therefore, the criteria for assessing Council approval for Highway Collections is directed toward issues of relevance to Council being:-

• The frequency of occurrence at any particular site; • The type of organisation applying • The frequency of approval for any particular organisation.

2. Door Knock Appeals

2.1 Policy No. 1.1 Adopted by Council 28 January 1997 Charity Collections/Appeals Page 1 of 6

380 Any charitable organisation or volunteer based community group located in Kingston serving the broader community in any one year will be permitted one application to conduct door knocks or intersection collections Council will have a preference for City of Kingston based organisations and organisations which utilise volunteer collectors when considering applications.

2.1 The following organisations in any one year will be permitted on application to conduct door knocks:-

(a) Red Cross (March of each year) (b) AUSTCARE (May - June of each year) (c) Salvation Army (May of each year)

3 Applications To Undertake Charity Collections

Policy No. 1.1 Adopted by Council 28 January 1997 Charity Collections/Appeals Page 2 of 6

381 4 Criteria For Assessing And Issuing Of Approvals

4.1 Frequency of Approvals

In assessing the appropriateness of particular organisations, consideration shall be given to the proposed disbursement of contributions collected and the resulting benefit to the Kingston Community.

4.3 Number of Approvals Issued to Organisations

4.4 Approval Fees

As the approvals will only be given to recognised community and charity organisations, no fees will be charged for assessing/issuing approval.

4.5 Condition of Approval - Highway Collections

The following condition shall be attached to any approval:-

Council’s jurisdiction for granting or withholding approval for Highway Collections is limited to assessment of the following factors:

Policy No. 1.1 Adopted by Council 28 January 1997 Charity Collections/Appeals Page 3 of 6

382 1) The frequency of occurrence at any particular site; 2) The type of organisation applying; and 3) The frequency of approval for any particular organisation.

5. Review of Policy

5.1 This policy will be reviewed by May 2018May 1998 to enable planning and Formatted: Left, No bullets or consideration numbering of applications for 1999. Formatted: Left

Policy No. 1.1 Adopted by Council 28 January 1997 Charity Collections/Appeals Page 4 of 6

383 ATTACHMENT Granting of Approvals for Highway Collections