City of Kingston Ordinary Council Meeting Agenda 24 August 2009
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, 24 August 2009.
1. Apologies
2. Confirmation of Minutes of Previous Meetings Minutes of Ordinary Council Meeting 27 July 2009.
3. Foreshadowed Declaration by Councillors or Officers 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 Cr Staikos will table a petition on the current and future access to Westall Railway Station from Evergreen Boulevard, Clayton South.
5. Presentation of Awards A presentation will be made to former Councillor Topsy Petchey OAM
6. Reports from Village Committees A report on issues arising out of the Village Committee meetings in August 2009 is attached. Page 3
7. Reports from Delegates Appointed by Council to Various Organisations
8. Question Time
9. Environmental Sustainability Reports L 122 Town Planning Application Decisions – July 2009 Page 10 L 123 KP49/09 34-94 Oak Avenue, Mentone Page 24 L 124 KP76/09 9 Gipps Street, Mordialloc Page 65 L 125 Amendment C76 and Planning Permit Application KP850/07 (Extension of Parkview Estate) Page 78 L 126 Contract No 09/34 Annual Hard Waste Collection Service Page 82 L 127 Sustainable Design Assessment in the Planning Process Page 85 L 128 Winter Foreshore Regulations Page 88
10. Community Sustainability Reports L 129 Access & Equity Committee Yearly Update and Updated Terms of Reference Page 91 L 130 ICACC Memorandum of Understanding Page 105
11. Organisational Development & Governance Reports L 131 Councillor Ward Funds Applications Page 113 L 132 Meeting Procedures Local Law - Amendment Page 115 L 133 Appointment of Village Committee Members Page 118
City of Kingston Ordinary Council Meeting Agenda 24 August 2009
12. Corporate Services Reports L 134 Draft 2008/2009 Annual Statements Page 120 L 135 Investment Policy Report – June 2009 Quarter Page 127 L 136 Section 223 Committee Report on proposed Discontinuance and Sale of Road adjoining 1&2/20 Mentone Parade and 4/1, 8/1, 4/5 & 5/7 Palermo Street, Mentone Parade ROW Sale Page 129 L 137 Formation of a section 223 committee re the Proposed Discontinuance and Sale of Road abutting 42-44 Westley Street, Carrum Page 134 L 138 Redwood Drive – Feedback from Consultation Page 136 L 139 Waterways Kiosk Page 146 L 140 Change Room Update - Waves Leisure Centre Page 149
13. Notices of Motion L 141 Cr Peulich: Completion of all Stages of the Dingley Bypass Page 159 L 142 Cr Peulich: State Government’s By-pass of Planning Laws to fast track affordable, social housing projects Page 160
14. Urgent Business
15. Items in Camera L 143 Property Matter Page 161
2 City of Kingston Ordinary Council Meeting Agenda 24 August 2009
6. Reports from Village Committees
PRESENTATION OF VILLAGE COMMITTEE REPORTS
6(a) Cheltenham Village Committee Chairperson - Joe Astbury Report of Meeting held on 4 August 2009
Highlight Stanley Avenue Concept Plan – a marvellous job by Mark Juler and Steve Perumal.
6(b) Mordialloc Village Committee Chairperson - Allan Locke Report of Meeting held on 4 August 2009
Highlight: Jonathan Guttmann’s presentation on the Bay to Rail trail.
6(c) Mentone/Parkdale Village Committee Chairperson - Reg Marlow Report of Meeting held on 4 August 2009
Unsatisfactory condition of the interior of the public toilet in the Safeway car park
Village Committee Recommendation That urgent consideration be given to refurbishment of the toilets in the Mentone Car Park near Safeway.
Officer Comment An amount of $1.68M per annum has been allocated in Council’s 5 year financial plan for the refurbishment of toilet blocks. The current program includes an allocation to enable improved facilities in the Mentone Shopping Centre in 2012/13. Council officers will be reviewing the program in the current financial year.
Potential use of the Council property in Beach Road opposite Parkers Road
Village Committee Recommendation As the facility is currently unoccupied it should be made available for Community Use.
Officer Comment As the Parkers Road building is a foreshore crown land asset, Council must initially try to locate a coastal dependent user. Community groups from within Kingston will be invited to submit proposals to lease the building and to demonstrate a requirement for coastal dependency. The cost to Council to provide a building fit for purpose, will depend upon the requirements of the user.
3 City of Kingston Ordinary Council Meeting Agenda 24 August 2009
Sinking Fund in relation to Global Warming
Village Committee Recommendation Would Council investigate the creation of a sinking fund to be used for action in relation to global warming.
Officer Comment Through the Council Plan the impact of climate change and the role Council has to play in responding to this challenge has clearly been recognised as one of the top priorities of the current Council.
Council prepares a 10 year capital works program. This plan allows Council to adequately plan for future capital expenditure requirements without the need to establish sinking funds or reserve accounts. Council is also conscious of not increasing the level of rates more than is necessary to meet the needs of the community.
Council’s current financial plan envisages the expenditure of approximately $3 million over the next 5 years on projects that specifically address water and energy conservation, projects that will reduce greenhouse gas emissions and the effects of rising sea levels. The investment Council is making to reduce water and energy consumption will also provide savings in the future that can be reinvested to make greater reductions. Some of our current actions include undertaking building efficiency audits and upgrades, warm season grass program for sports fields, installation of numerous water saving initiatives at council buildings, environmental educational programs, working with Council’s industrial business community to improve their environmental performance and identify possible alternative energy sources, preparing for retrofitting energy efficient street lights. In addition Council is spending a further $3M per annum on improving the drainage systems within the community.
In acknowledging its role in addressing climate change, Council recognises that the greatest financial contribution must come from the Federal and State Governments and Council continues to advocate strongly on behalf of the Kingston community for resources to be allocated by these tiers of government to address this issue in a timely and appropriate manner.
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Has Council considered a disposal policy for the long life electric bulbs and redundant electronic equipment?
Village Committee Recommendation That Council consider a regular disposal policy for the long life electric bulbs and redundant electronic equipment.
Officer Comment The Environmental Protection and Heritage Council, EPHC has recently completed a consultation regulatory impact statement. Its purpose is to examine the impacts of implementing consistent national arrangements for end-of-life televisions and computers and to consult the community and other stakeholders on these impacts. Submissions to the current review closes on 13 August 2009. The consultation website is www.ephc.gov.au/taxonomy/term/51. The Metropolitan Waste Management Group, of which Council is a member, has made a submission supporting the introduction of a collection service.
Balcombe Road Traffic Lights
Village Committee Recommendation That the sequencing of pedestrian traffic lights in Balcombe Road be reviewed for better flow of traffic.
Officer Comment This request will be forwarded to VicRoads for their assessment and appropriate action.
Balcombe Road / Mentone Parade Roundabout
Village Committee Recommendation That the kerb immediately outside the whitegoods and furniture shop in Balcombe Road be moved to allow 2 cars to move from West to East through the roundabout.
Officer Comment A recommendation will be provided to Council once traffic investigations have been completed. Consultation with the local traders will also be required as parking is at a premium in the Mentone Shopping strip.
No Stopping Zones on Beach Road
Village Committee Recommendation This Village Committee is totally opposed to the proposed parking restrictions on Saturday and Sunday and requests that Council survey all the residents of Beach Road to gather their reaction to the proposed restrictions.
Officer Comment
5 City of Kingston Ordinary Council Meeting Agenda 24 August 2009
Council decided that the proposal to implement “No Stopping” restrictions between 6.00am and 10.00am on Saturdays and Sundays along Beach Road be deferred until the outcome of the City of Bayside’s community consultation process was known. The City of Bayside resolved:- 1. That weekend No Sopping restrictions not be introduced along Beach Road at this time. 2. That when the findings of the study, researching effective enforcement and countermeasure strategies that can be implemented with respect to groups of cyclists, recommended in the Coroners report in relation to the fatal crash involving a pedestrian and a participant in the “Hell Ride” in 2006 in Mentone are available, it be reported to Council for further consideration. The study is being undertaken by the Monash University Accident Research Centre (MUARC) and the Amy Gillett Foundation. The study will investigate collisions and near collisions with bicyclists from the perspective of all road users and explore circumstances of the incidents, peoples’ experiences, attitudes and behaviour as a result of the incident. VicRoads Consultation Late in 2008 Cr Athanasopoulos met with the Minister for Roads and Ports to discuss the proposal for “No Stopping” zones along Beach Road. The Minister subsequently proposed a number of surveys to ensure that the “No Stopping” restrictions would be introduced with minimum impact. This included parking occupation surveys and an independent market survey research of affected properties to determine the extent of community support/opposition for weekend parking restrictions. The parking occupancy surveys along Beach Road have since been conducted by VicRoads.
VicRoads have engaged a consultant to undertake the resident consultation works. The consultation will include a). a mail survey sent to all households and businesses that live on Beach Road; b). a door to door survey of a representative sample of these households and businesses.
It is anticipated that the letter and survey forms will be sent out in August. Door-knock interviews with residents and businesses will also be undertaken during this time. A representative sample number of these residents and businesses will also be asked to participate in a door knock interview. The questions in the survey form and interviews will be very similar.
It is anticipated that the results of the survey and interviews will be made available to Council by mid September.
However, as Beach Road is a State Road, under the control of VicRoads, the final decision will be made by VicRoads not Council.
Highlight: No Stopping Zones on Beach Road.
6(d) Clayton South Village Committee Chairperson – David Oates Report of Meeting held on 4 August 2009
Highlight: The presence of Cr Steve Staikos and Council CEO John Nevins.
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6(e) Patterson Lakes/Carrum Village Committee Chairperson - Glen Baker Report of Meeting held on 5 August 2009
Carrum Foreshore Landscape Concept Plan
Village Committee Recommendation: That Council consider bringing forward a feasibility study of the Carrum Foreshore that is part of the Coastal Management Plan 2010-11 to include improved access for people with disabilities, including the installation of a viewing platform at Carrum Beach.
Officer Comment
The Village Committee has requested that a feasibility study incorporate the following: · Improved access for the disabled to Carrum Beach · Formalise and landscape the informal overflow parking area south of Post Office Lane · Improve road surface and modernize speed humps from the western end of Johnson Avenue There is no doubt there are opportunities to improve the appearance and function of the car park and surrounding area at Carrum foreshore. The Kingston Coastal Management Plan endorsed by Council in September 2008 includes a number of actions applicable to the Carrum foreshore precinct which aim to address the issues raised by the Village Committee, including but not limited to: · Maintaining a high standard of access to the foreshore; · Car parking; · Foreshore furniture; · Landscaping and revegetation works.
The Coastal Management Plan identifies that a consistent suite of furniture, including fencing, tables and seating will be gradually rolled out along the Kingston foreshore in a strategic manner. To complete this in the Carrum area, a landscape concept plan needs to be developed that addresses the range of issues strategically.
To undertake any landscape improvements without first developing a plan would be contrary to the vision of the Coastal Management Plan could result in an ad hoc approach that doesn’t prioritise improvements to align with available funding.
Funding to develop a landscape concept plan for the Carrum precinct has been allowed for in the 2010/11 financial year. Local residents and stakeholders will be engaged during the development of the plan and works would be implemented in a staged approach depending on the extent of available funding.
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Feasibility of purchasing vacant allotment adjacent to Stephens Street, Carrum
Village Committee Recommendation: That Council conduct a feasibility study on purchasing the vacant land on the corner of Stephens Street and Nepean Highway, Carrum.
Officer Comment
Kingston Council’s Open Space Strategy 2005 reviewed open space needs in the Carrum local area. The review found that the area is adequately served by Roy Dore Reserve, McDougall Reserve, The Beauty Spot and the Foreshore and Launching way reserves. The Carrum Local Area has 8.3 Hectares per 1000 head of population and is well above the benchmark of 2.4 Hectares/1000 pop. It is in the upper quartile for open space in Kingston. Officer advice is that as there is no identified need for additional open space in the vicinity of the Carrum foreshore and due to the need to address other open space deficiencies in the municipal distinct, Council not consider the purchase of additional allotments in the Carrum foreshore area. It is also noted that the land value is estimated to be in the order of $2.5M.
6(f) Clarinda / Oakleigh South Village Committee Chairperson – David Catchpool Report of Meeting held on 5 August 2009
Highlight: Discussion about Concrete Crusher Plant.
6(g) Aspendale/Edithvale/Aspendale Gardens/Waterways Village Committee Chairperson - Kevin Griffiths Report of Meeting held on 6 August 2009
Highlight: The disappointment of the Village Committee members regarding the repeated theft of plants from the new planter boxes in Aspendale Gardens.
6(h) Chelsea/Chelsea Heights/Bonbeach Village Committee Acting Chairperson – Leanne Stray Report of Meeting held on 12 August 2009
Christmas / Easter Scene on LF Payne Hall
Village Committee Recommendation: That the Chelsea / Chelsea Heights / Bonbeach Village Committee requests Council to endorse the continued display of Christmas and Easter banner above the LF Payne Hall entry awning.
Officer Comment
Due to the condition of the existing Christmas and Easter scenes, an alternative banner-style approach is being considered. If deemed feasible, the alternative approach will be subject to
8 City of Kingston Ordinary Council Meeting Agenda 24 August 2009 consultation with the key stakeholders.
Highlight: To thank City of Kingston for the high quality services and infrastructure they provide, especially playgrounds after viewing the level of services provided overseas.
9 City of Kingston Ordinary Council Meeting Agenda 24 August 2009
9. Environmental Sustainability Reports
L 122 Town Planning Application Decisions – July 2009
Approved By: Tony Rijs-General Manager, Environmental Sustainability Author: Ian Nice – Manager, Planning
Attached for information is the report of Town Planning Decisions for the month of July 2009.
A summary of the decisions is as follows:
Type of Decision Number of Decisions Percentage (%) Made Planning Permits 59 80 Notice of Decision 7 10 Refusal to Grant a Permit 4 5 Other - Withdrawn (0) 4 5 - Prohibited (0) - Permit not required (2) - Lapsed (2) Total 74 100
(NB: Percentage figures have been rounded)
Recommendation
That the report be noted.
10 City of Kingston Ordinary Council Meeting Agenda 24 August 2009
Planning Decisions June 2009 APPL. PROPERTY APPL. DATE PROPOSAL VCAT No. ADDRESS DATE DECIDED DESCRIPTION DECISION DECISION 16 COOLABAH STREET MENTONE, VIC TWO (2) KP1002/08 3194 31-Oct-08 20-Jul-09 DWELLINGS Permit Issued 19 JOHN STREET MORDIALLOC, VIC TWO (2) Notice of KP1019/08 3195 10-Nov-08 16-Jul-09 DWELLINGS Decision 28 LORNA STREET CHELTENHAM, TWO (2) KP1062/08 VIC 3192 26-Nov-08 10-Jul-09 DWELLINGS Permit Issued 14 DOUGLAS AVENUE CHELSEA, VIC KP1075/08 3196 1-Dec-08 10-Jul-09 2 LOT SUBDIVISION Permit Issued 22 SEVENTH STREET PARKDALE, VIC TWO (2) KP1093/08 3195 9-Dec-08 15-Jul-09 DWELLINGS - SBO Permit Issued 266 BALCOMBE ROAD MENTONE, THREE (3) Notice of KP1151/08 VIC 3194 23-Dec-08 22-Jul-09 DWELLINGS Decision 461 CLAYTON ROAD CLAYTON TWO (2) KP1160/08 SOUTH, VIC 3169 31-Dec-08 28-Jul-09 DWELLINGS Permit Issued 23 TENNYSON AVENUE CLAYTON SOUTH, FOUR (4) KP1161/08 VIC 3169 31-Dec-08 21-Jul-09 DWELLINGS Permit Issued 1424 CENTRE ROAD CLAYTON EIGHT (8) Notice of KP1162/08 SOUTH, VIC 3169 31-Dec-08 22-Jul-09 DWELLINGS Decision 65 FLINDERS STREET MENTONE, VIC KP133/09 3194 3-Mar-09 6-Jul-09 4 LOT SUBDIVISION Permit Issued 7 WYMAN PLACE BRAESIDE, VIC 38 LOT KP139/09 3195 6-Mar-09 21-Jul-09 SUBDIVISION Permit Issued 1/33 EBDEN STREET MOORABBIN, VIC ALTS & ADDS TO KP146/09 3189 12-Mar-09 29-Jul-09 WAREHOUSE Permit Issued 35 LATROBE STREET CHELTENHAM, Permit Not KP158/09 VIC 3192 18-Mar-09 6-Jul-09 4 LOT SUBDIVISION Required 275-315 KINGSTON ROAD CLARINDA, VIC CREATE 2 ROAD KP167/09 3169 23-Mar-09 2-Jul-09 RESERVES Permit Issued 242 SPRING ROAD DINGLEY KP19/09 VILLAGE, VIC 13-Jan-09 17-Jul-09 3 LOT SUBDIVISION Permit Issued 11. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
3172
323 CHARMAN RD Permit KP194/01 CHELTENHAM, 30-Mar-01 22-Jul-09 2 LOT SUBDIVISION Refused 18A HOLMBY ROAD CHELTENHAM, ALTS & ADDS - Permit KP213/09 VIC 3192 2-Apr-09 1-Jul-09 VERANDAH Lapsed B&W - NEW FACILITY FOR 2 MENTONE MUSIC/ DRAMA PARADE BUILDING / MENTONE, VIC UPGRADE KP228/08 3194 29-Feb-08 21-Jul-09 GYMNASIUM Permit Issued 400 WARRIGAL ROAD B'LD & WORKS - HEATHERTON, UPGRADE OF KP231/09 VIC 3202 8-Apr-09 8-Jul-09 FACILITIES Permit Issued USE OF THIS SITE 40 BALCOMBE FOR A FUNERAL ROAD MENTONE, PARLOUR Notice of KP239/09 VIC 3194 9-Apr-09 23-Jul-09 (MORTUARY ONLY) Decision 40 EIGHTH STREET PARKDALE, VIC Notice of KP24/09 3195 16-Jan-09 30-Jul-09 TWO DWELLINGS Decision 1-4/503-505 MAIN STREET CHANGE OF USE - MORDIALLOC, VIC 100 SEAT KP242/09 3195 15-Apr-09 28-Jul-09 RESTAURANT Permit Issued CONSTRUCT A SEVEN (7) STOREY BUILDING TO BE USED AS ACCOMMODATION (75 DWELLINGS) WITH A REDUCTION IN CAR PARKING CARPARKS/999 REQUIREMENTS & NEPEAN TO CREATE HIGHWAY ACCESS TO A MOORABBIN, VIC ROAD ZONE KP245/09 3189 17-Apr-09 29-Jul-09 CATEGORY 1 Permit Issued 101-103 NEPEAN HIGHWAY INSTALLATION OF MENTONE, VIC 10,000L WATER KP250/09 3194 20-Apr-09 2-Jul-09 TANK Permit Issued 523-529 CLAYTON INSTALLATION OF ROAD CLAYTON 10,000L WATER KP251/09 SOUTH, VIC 3169 20-Apr-09 2-Jul-09 TANK Permit Issued 19 THIRD STREET CLAYTON SOUTH, KP255/09 VIC 3169 21-Apr-09 17-Jul-09 2 LOT SUBDIVISION Permit Issued 40 CEDRIC STREET MORDIALLOC, VIC KP285/09 3195 30-Apr-09 27-Jul-09 DWELLING / SBO Permit Issued
12. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
4 ELMA ROAD CHELTENHAM, KP294/09 VIC 3192 6-May-09 1-Jul-09 2 LOT SUBDIVISION Permit Issued 20-26 SULLIVAN CHANGE OF USE - STREET EMERGENCY 24 MOORABBIN, VIC HOUR AMBULANCE KP299/09 3189 12-May-09 2-Jul-09 BRANCH Permit Issued 9 BEAR STREET MORDIALLOC, VIC KP30/09 3195 20-Jan-09 2-Jul-09 2 LOT SUBDIVISION Permit Issued 5 JOHNSTON STREET MENTONE, VIC KP307/09 3194 14-May-09 17-Jul-09 2 LOT SUBDIVISION Permit Issued 1/272 COMO PARADE WEST PARKDALE, VIC KP315/09 3195 15-May-09 2-Jul-09 CHANGE OF USE Permit Issued 3 TULAR AVENUE OAKLEIGH KP317/09 SOUTH, VIC 3167 19-May-09 10-Jul-09 2 LOT SUBDIVISION Permit Issued 11 PINE CRESCENT ASPENDALE, VIC KP321/09 3195 20-May-09 23-Jul-09 2 LOT SUBDIVISION Permit Issued B1/UNIT5/970 NEPEAN HIGHWAY MOORABBIN, VIC ADVERTISING KP323/09 3189 20-May-09 13-Jul-09 SIGNAGE Permit Issued 14 STATION ROAD CHELTENHAM, BUILDING & Permit KP324/09 VIC 3192 21-May-09 22-Jul-09 WORKS Lapsed CHANGE OF USE - MATERNAL CHILD 43-45 WESTALL HEALTH CENTRE & ROAD CLAYTON MINOR BUILDINGS KP331/09 SOUTH, VIC 3169 25-May-09 2-Jul-09 AND WORKS Permit Issued 13-15 TAYLOR SHOP, REDUCED STREET CAR PARKING MOORABBIN, VIC REQUIREMENTS KP335/09 3189 25-May-09 29-Jul-09 AND SIGNAGE Permit Issued 4/570 MAIN STREET CHANGE OF USE - MORDIALLOC, VIC PERSONAL KP337/09 3195 26-May-09 20-Jul-09 TRAINING STUDIO Permit Issued 275-315 KINGSTON ROAD CLARINDA, VIC REMOVAL OF KP338/09 3169 26-May-09 29-Jul-09 EASEMENTS Permit Issued 71 KEITH STREET PARKDALE, VIC SINGLE DWELLING KP344/09 3195 29-May-09 7-Jul-09 - SBO Permit Issued 1.18/999 NEPEAN HIGHWAY CHANGE OF USE - MOORABBIN, VIC MEDICAL KP356/09 3189 1-Jun-09 29-Jul-09 PRACTICE Permit Issued
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28 CHURCH ROAD CARRUM, KP362/09 VIC 3197 4-Jun-09 24-Jul-09 6 LOT SUBDIVISION Permit Issued 45 KEITH STREET PARKDALE, VIC KP365/09 3195 5-Jun-09 23-Jul-09 ALTS & ADD Permit Issued MEDIUM/201 FORESHORE CITY OF KINGSTON, KP370/09 VIC 3192 26-May-09 2-Jul-09 BOATSHED RAMP Permit Issued 1/25 TRUE AVENUE CARRUM, VIC BUILDINGS AND KP371/09 3197 11-Jun-09 24-Jul-09 WORKS Permit Issued 25 MOORE AVENUE CLAYTON SOUTH, KP373/09 VIC 3169 9-Jun-09 2-Jul-09 2 LOT SUBDIVISION Permit Issued 1088 CENTRE ROAD OAKLEIGH BUILDINGS & KP382/09 SOUTH, VIC 3167 25-Jun-09 29-Jul-09 WORKS Permit Issued 36 GWENDA AVENUE MOORABBIN, VIC KP389/09 3189 11-Jun-09 6-Jul-09 2 LOT SUBDIVISION Permit Issued 11 LORIKEET LANE WATERWAYS, VIC KP393/09 3195 18-Jun-09 2-Jul-09 SINGLE DWELLING Permit Issued 148 LOWER DANDENONG ROAD PARKDALE, KP394/09 VIC 3195 16-Jun-09 23-Jul-09 2 LOT SUBDIVISION Permit Issued 555 STATION STREET CARRUM, KP395/09 VIC 3197 16-Jun-09 15-Jul-09 3 LOT SUBDIVISION Permit Issued 15 SERPENTINE COURT WATERWAYS, VIC KP412/09 3195 24-Jun-09 2-Jul-09 SINGLE DWELLING Permit Issued 1288 CENTRE RD CHANGE OF USE - CLAYTON SOUTH, TAKE AWAY / KP413/08 VIC 3169 29-Apr-08 20-Jul-09 DINING - SBO Permit Issued 2 NEWINGTON LANE CHELSEA, KP415/09 VIC 3196 24-Jun-09 24-Jul-09 2 LOT SUBDIVISION Permit Issued 59 LATROBE STREET CHELTENHAM, Permit Not KP450/09 VIC 3192 14-Jul-09 22-Jul-09 2 LOT SUBDIVISION Required 7-11 SHEPPARD STREET MOORABBIN, VIC KP463/08 3189 19-May-08 22-Jul-09 CHANGE OF USE Permit Issued 5 SWANSTON STREET MENTONE, VIC Notice of KP487/08 3194 22-May-08 28-Jul-09 FIVE DWELLINGS Decision
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684-686 SOUTH ROAD MOORABBIN, VIC ADULT SEX KP499/08 3189 27-May-08 13-Jul-09 BOOKSHOP Permit Issued TWENTY-FIVE (25) 100 WHITE DWELLINGS STREET WITHIN A THREE- MORDIALLOC, VIC STOREY HIGH KP523/08 3195 2-Jun-08 24-Jul-09 BUILDING Permit Issued 40/42 ROBERNA ST MOORABBIN, KP561/07 VIC 3189 1-Aug-07 23-Jul-09 SIGNAGE Permit Issued 60 MERNDA AVENUE THREE (3) DOUBLE BONBEACH, VIC STOREY KP625/08 3196 1-Jul-08 14-Jul-09 DWELLINGS Permit Issued 404 NEPEAN MIXED USE HIGHWAY DEVELOPMENT - CHELSEA, VIC SHOP AND TWO (2) KP692/08 3196 23-Jul-08 17-Jul-09 DWELLINGS Permit Issued 18 KERSHAW STREET PARKDALE, VIC KP7/09 3195 6-Jan-09 29-Jul-09 TWO DWELLINGS Permit Issued CONSTRUCTIO OF A TWO (2) 2-6 WAREHOUSES INDEPENDENCE WITH ASSOCIATED STREET OFFICE AND CAR MOORABBIN, VIC PARKING KP707/08 3189 28-Jul-08 2-Jul-09 DISPENSATION Permit Issued 13 FRIENDSHIP SQUARE CHELTENHAM, TWO (2) Permit KP727/08 VIC 3192 6-Aug-08 23-Jul-09 DWELLINGS Refused 9 BINDA COURT TWO (2) DOUBLE PATTERSON STOREY KP765/08 LAKES, VIC 3197 12-Aug-08 10-Jul-09 DWELLINGS Permit Issued 1/43-45 MCLEOD RD CARRUM, VIC KP841/06 3197 14-Nov-06 20-Jul-09 16 DWELLINGS Permit Issued DWELLING ALTERATIONS AND ADDITIONS - CONSTRUCTION OF A BEDROOM 31A ANTIBES ABOVE THE STREET GARAGE ON A LOT PARKDALE, VIC LESS THAN 300 Permit KP842/08 3195 9-Sep-08 23-Jul-09 SQUARE METRES Refused TWO (2) DWELLINGS & ALTER ACCESS 1/680 NEPEAN TO LAND ADJACENT HIGHWAY TO A ROAD ZONE Notice of KP890/08 CARRUM, VIC 3197 25-Sep-08 22-Jul-09 CATEGORY 1. Decision 24 NEPEAN HWY ASPENDALE, VIC KP899/07 3195 13-Nov-07 22-Jul-09 8 DWELLINGS Permit Issued
15. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
9 FOWLER STREET CHELSEA, VIC KP90/09 3196 17-Feb-09 6-Jul-09 THREE DWELLINGS Permit Issued 7 KEILLER AVENUE PARKDALE, VIC KP959/08 3195 16-Oct-08 1-Jul-09 TWO (2) DWELLINGS Permit Lapsed 68 ARGYLE AVENUE CHELSEA, KP983/08 VIC 3196 24-Oct-08 1-Jul-09 TWO (2) DWELLINGS Permit Issued 16 COOLABAH STREET MENTONE, VIC Notice Of KP1002/08 3194 31-Oct-08 18-Jun-09 TWO (2) DWELLINGS Decision 271 STATION STREET EDITHVALE, VIC KP1011/08 3196 6-Nov-08 1-Jun-09 TWO (2) DWELLINGS Permit Issued 4 AVALON COURT CHELTENHAM, VIC KP1017/08 3192 10-Nov-08 15-Jun-09 TWO (2) DWELLINGS Permit Issued 37 RALEIGH STREET CLARINDA, VIC THREE (3) KP1018/08 3169 10-Nov-08 24-Jun-09 DWELLINGS Permit Issued
15-17 CHANDLER STREET CHANGE OF USE + PARKDALE, VIC UPSTAIRS KP1027/08 3195 12-Nov-08 10-Jun-09 APARTMENT Permit Issued 250LOWER LOWER DANDENONG ROAD MORDIALLOC, VIC CHANGE OF USE - Permit KP1037/08 3195 18-Nov-08 2-Jun-09 DOGGY DAY CARE Refused 28 DWELLINGS & 65-67 TOOTAL REMOVAL OF ROAD DINGLEY NATIVE KP1051/08 VILLAGE, VIC 3172 19-Nov-08 4-Jun-09 VEGETATION Permit Issued 28 LORNA STREET CHELTENHAM, VIC Notice Of KP1062/08 3192 26-Nov-08 12-Jun-09 TWO (2) DWELLINGS Decision 10 ESPER AVENUE OAKLEIGH TWO (2) KP1081/08 SOUTH, VIC 3167 2-Dec-08 26-Jun-09 DWELLINGS Permit Issued 22 SEVENTH STREET PARKDALE, VIC TWO (2) Notice Of KP1093/08 3195 9-Dec-08 17-Jun-09 DWELLINGS - SBO Decision 28 ROBERT STREET PARKDALE, VIC KP1103/08 3195 11-Dec-08 18-Jun-09 2 LOT SUBDIVISION Permit Issued 131 EMBANKMENT GROVE CHELSEA, TWO (2) KP1106/08 VIC 3196 12-Dec-08 26-Jun-09 DWELLINGS - SBO Permit Issued
16. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
10 FLINDERS STREET MENTONE, VIC KP1137/08 3194 22-Dec-08 26-Jun-09 FOUR DWELLINGS Permit Issued 640-650 HEATHERTON ROAD CLAYTON B'LD & WORKS - KP1141/08 SOUTH, VIC 3169 23-Dec-08 19-Jun-09 WAREHOUSE Permit Issued 9 TURAKINA AVENUE EDITHVALE, VIC ALTS & ADDS TO Permit KP1153/08 3196 24-Dec-08 26-Jun-09 DWELLING Lapsed 24 GIPPS AVENUE MORDIALLOC, VIC ALTS & ADDS - KP117/09 3195 26-Feb-09 23-Jun-09 VERANDAH / LSIO Permit Issued 139 COMO PDE EAST PARKDALE, Permit KP14/08 VIC 3195 11-Jan-08 25-Jun-09 4 DWELLINGS Refused 3/178 NEPEAN B'LD & WORKS - HIGHWAY BLACONY ASPENDALE, VIC REBUILDING & KP153/09 3195 16-Mar-09 1-Jun-09 SPIRAL STAIR Permit Issued 12 PATTY STREET MENTONE, VIC KP156/09 3194 17-Mar-09 5-Jun-09 2 LOT SUBDIVISION Permit Issued 376 NEPEAN HIGHWAY PARKDALE, VIC KP163/09 3195 20-Mar-09 25-Jun-09 3 LOT SUBDIVISION Permit Issued 102-114 GLADESVILLE BLVD PATTERSON B'LD & WORKS - KP164/09 LAKES, VIC 3197 20-Mar-09 12-Jun-09 MODIFY CAR PARK Permit Issued 4 BRICKER STREET ALTS & ADDS - ADD CHELTENHAM, OFFICE & CAR KP165/09 VIC 3192 20-Mar-09 18-Jun-09 SPACES Permit Issued 355-359 NEPEAN HIGHWAY ALTS & ADDS TO PARKDALE, VIC MOTOR VEHICLE KP170/09 3195 24-Mar-09 19-Jun-09 SHOWROOM Permit Issued 8 IRISH COURT KP172/03- BONBEACH, VIC A 3196 5-Jun-09 15-Jun-09 Permit Issued 69 LEVANSWELL ROAD MOORABBIN, VIC ALTS & ADDS TO KP172/09 3189 24-Mar-09 4-Jun-09 FACTORY Permit Issued 91-97 WOODLANDS CHANGE OF USE - DRIVE BRAESIDE, FOOD PACKING KP176/09 VIC 3195 25-Mar-09 19-Jun-09 PREMISES Permit Issued 6 CHOPARD AVENUE WATERWAYS, VIC ALTS & ADDS - KP187/09 3195 26-Mar-09 25-Jun-09 VERANDAH Permit Issued 133-134 NEPEAN KP190/09 HIGHWAY 26-Mar-09 9-Jun-09 LIQUOR LICENCE Permit Issued
17. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
ASPENDALE, VIC 3195 84 KEITH AVENUE EDITHVALE, VIC BOUNDARY RE- KP192/09 3196 27-Mar-09 26-Jun-09 ALIGNMENT Permit Issued 232 - 240 CHARMAN ROAD CHELTENHAM, MIXED USE KP197/08 VIC 3192 18-Feb-08 1-Jun-09 DEVELOPMENT Permit Issued 18 PEBBLE BEACH PLACE HEATHERTON, ALTS & ADDS - Pemit Not KP198/09 VIC 3202 31-Mar-09 12-Jun-09 VERANDAH Required 47 MAIN ROAD CLAYTON SOUTH, KP199/09 VIC 3169 30-Mar-09 5-Jun-09 3 LOT SUBDIVISION Permit Issued CONSTRUCTION OF CARPORT IN A 22 HILLSTON NEIGHBOURHOOD ROAD CHARACTER MOORABBIN, VIC OVERLAY - Permit KP20/09 3189 14-Jan-09 10-Jun-09 SCHEDULE 1 Refused 267-269 NEPEAN HIGHWAY PARKDALE, VIC FIVE LOT KP205/09 3195 31-Mar-09 23-Jun-09 SUBDIVISION Permit Issued 1/9-19 LEVANSWELL ROAD MOORABBIN, VIC ALTS & ADDS - KP206/09 3189 31-Mar-09 22-Jun-09 STAIRS Permit Issued 20 BYRON STREET CLAYTON SOUTH, TWO LOT KP209/09 VIC 3169 1-Apr-09 2-Jun-09 SUBDIVISION Permit Issued 338 CHARMAN ROAD CHANGE OF USE - CHELTENHAM, CAFE/RESTAURAN KP214/09 VIC 3192 2-Apr-09 11-Jun-09 T Permit Issued 1/2 JENNIFER AVENUE PARKDALE, VIC ALTS & ADDS - KP221/09 3195 6-Apr-09 19-Jun-09 DECKS/SBO Permit Issued 5 SCARLET STREET MORDIALLOC, VIC Permit KP230/09 3195 8-Apr-09 2-Jun-09 TWO DWELLINGS Withdrawn 1/90 CENTRE DANDENONG ROAD DINGLEY VILLAGE, VIC KP232/09 3172 3-Apr-09 11-Jun-09 2 LOT SUBDIVISION Permit Issued 9 BURNS AVENUE CLAYTON SOUTH, Permit KP236/09 VIC 3169 8-Apr-09 10-Jun-09 2 LOT SUBDIVISION Lapsed 19 PINEHURST WAY HEATHERTON, INSTALLATION OF Permit KP240/09 VIC 3202 14-Apr-09 29-Jun-09 SATELLITE DISH Lapsed 18. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
2 CONNORS STREET HIGHETT, VIC KP246/09 3190 9-Apr-09 16-Jun-09 2 LOT SUBDIVISION Permit Issued 271 STATION STREET EDITHVALE, VIC KP248/09 3196 16-Apr-09 29-Jun-09 2 LOT SUBDIVISION Permit Issued 66 KINGSTON ROAD B'LD & WORKS - HEATHERTON, RELOCATION OF KP257/09 VIC 3202 22-Apr-09 4-Jun-09 PORTABLE B'LD Permit Issued 10-12 COMMERCIAL RD HIGHETT, VIC KP259/06 3190 19-Apr-06 18-Jun-09 2 LOT SUBDIVISION Permit Issued 23 WARRIGAL ROAD MENTONE, KP265/09 VIC 3194 24-Apr-09 12-Jun-09 2 LOT SUBDIVISION Permit Issued 14 BROWNFIELD STREET CHELTENHAM, KP266/09 VIC 3192 28-Apr-09 18-Jun-09 2 LOT SUBDIVISION Permit Issued 4/2-4 ROBERTSON PARADE ALTS & ADDS TO ASPENDALE, VIC DWELLING - KP268/09 3195 28-Apr-09 18-Jun-09 PERGOLA & DECK Permit Issued 426-431 NEPEAN HIGHWAY CHELSEA, VIC Permit KP276/09 3196 29-Apr-09 24-Jun-09 ADVT SIGN Lapsed 16 OAKES AVENUE CLAYTON SOUTH, KP277/09 VIC 3169 30-Apr-09 10-Jun-09 2 LOT SUBDIVISION Permit Issued 17 RAYHUR STREET CLAYTON SOUTH, KP292/09 VIC 3169 5-May-09 18-Jun-09 2 LOT SUBDIVISION Permit Issued 2 PATTERSON STREET BONBEACH, VIC KP293/09 3196 5-May-09 12-Jun-09 2 LOT SUBDIVISION Permit Issued 101 KEYS ROAD MOORABBIN, VIC Permit KP296/09 3189 8-May-09 30-Jun-09 MOBILE FOOD VAN Withdrawn 31 WOODBINE GR CHANGE OF USE - CHELSEA, VIC CHILD CARE KP297/08 3196 25-Mar-08 25-Jun-09 CENTRE Permit Issued 1/28 PERCY STREET MORDIALLOC, VIC BUILDING & KP297/09 3195 11-May-09 19-Jun-09 WORKS Permit Issued 19/94-102 KEYS ROAD BUILDING & CHELTENHAM, WORKS - OFFICE & KP298/09 VIC 3192 12-May-09 19-Jun-09 WAREHOUSE Permit Issued
19. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
251-253 CHARMAN ROAD CHELTENHAM, LIQUOR LICENCE / KP301/09 VIC 3192 12-May-09 16-Jun-09 CAFE Permit Issued 2 KEOL STREET CLAYTON SOUTH, KP302/09 VIC 3169 12-May-09 18-Jun-09 2 LOT SUBDIVISION Permit Issued 37 STATION RD CHELTENHAM, 51 LOT KP303/08 VIC 3192 26-Mar-08 29-Jun-09 SUBDIVISION Permit Issued 5 JOHNSTON STREET MENTONE, VIC KP307/09 3194 14-May-09 17-Jun-09 2 LOT SUBDIVISION Permit Issued 15 TEAGUE AVENUE MENTONE, VIC KP312/09 3194 15-May-09 10-Jun-09 2 LOT SUBDIVISION Permit Issued 262 NEPEAN HIGHWAY PARKDALE, VIC KP314/09 3195 18-May-09 5-Jun-09 2 LOT SUBDIVISION Permit Issued 76 ISLAND POINT AVENUE WATERWAYS, VIC KP319/09 3195 19-May-09 5-Jun-09 SINGLE DWELLING Permit Issued 8-12 CHESTERVILLE ROAD CHELTENHAM, ALTS & ADDS - KP32/09 VIC 3192 21-Jan-09 1-Jun-09 VERANDAH Permit Issued 2 EVAN STREET PARKDALE, VIC KP320/09 3195 19-May-09 10-Jun-09 2 LOT SUBDIVISION Permit Issued 1/57-59 GOLDEN AVE CHELSEA, Permit KP335/08 VIC 3196 3-Apr-08 19-Jun-09 12 DWELLINGS Refused 426-431 NEPEAN HIGHWAY CHELSEA, VIC KP340/09 3196 26-May-09 22-Jun-09 SIGNAGE Permit Issued 24 ISLAND POINT AVENUE WATERWAYS, VIC KP342/09 3195 29-May-09 23-Jun-09 SINGLE DWELLING Permit Issued 1 STARLING COURT WATERWAYS, VIC KP343/09 3195 29-May-09 23-Jun-09 SINGLE DWELLING Permit Issued 6 PORTLAND PLACE WATERWAYS, VIC KP353/09 3195 2-Jun-09 23-Jun-09 SINGLE DWELLING Permit Issued LOT G, 310 - 312 33 NO. GOVERNOR WAREHOUSES / ROAD BRAESIDE, CAR PARKING - KP357/08 VIC. 3195 10-Apr-08 30-Jun-09 LSIO Permit Issued 9 BEAR STREET DEMOLITION - KP358/09 MORDIALLOC, VIC 3-Jun-09 19-Jun-09 HERITAGE Permit Issued
20. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
3195 OVERLAY
15 COORONG CIRCLE WATERWAYS, VIC KP359/09 3195 4-Jun-09 26-Jun-09 SINGLE DWELLING Permit Issued 2 BLACK SWAN LANE WATERWAYS, VIC KP360/09 3195 4-Jun-09 23-Jun-09 SINGLE DWELLING Permit Issued 3 PORTLAND PLACE WATERWAYS, VIC KP367/09 3195 9-Jun-09 23-Jun-09 SINGLE DWELLING Permit Issued 23 LOCHIEL AVENUE EDITHVALE, VIC KP369/09 3196 9-Jun-09 23-Jun-09 SINGLE DWELLING Permit Issued 5 DRESDEN DRIVE WATERWAYS, VIC BUILDINGS & KP372/09 3195 11-Jun-09 25-Jun-09 WORKS Permit Issued 23 HILLSTON ROAD MOORABBIN, VIC KP388/09 3189 25-May-09 25-Jun-09 TREE REMOVAL Permit Issued 13 IVAN AVENUE EDITHVALE, VIC KP390/09 3196 12-Jun-09 25-Jun-09 2 LOT SUBDIVISION Permit Issued 2/195 NEPEAN HWY ASPENDALE, VIC KP401/08 3195 23-Apr-08 1-Jun-09 2 DWELLINGS Permit Issued 1288 CENTRE RD CHANGE OF USE - CLAYTON SOUTH, TAKE AWAY / Notice Of KP413/08 VIC 3169 29-Apr-08 19-Jun-09 DINING - SBO Decision 1720 BEACH PARK RESERVE B&W - CARRUM, VIC RENOVATION & KP427/08 3197 5-May-08 18-Jun-09 FLAG POLES Permit Issued 8-10 BONA VISTA AVENUE 3 NEW TWO ASPENDALE, VIC STOREY KP485/08 3195 27-May-08 30-Jun-09 DWELLINGS Permit Issued 37B BERNARD STREET CHELTENHAM, ALTS & ADDS TO KP5/09 VIC 3192 6-Jan-09 15-Jun-09 SHOP Permit Issued CONSTRUCT EXTENSION (ROOF 1/4 LILLIPUT LANE TOP DECK) TO KP538/08- EDITHVALE, VIC EXISTING A 3196 10-Mar-09 24-Jun-09 DWELLING Permit Issued 9 ALBANY CRESCENT KP556/08- ASPENDALE, VIC AMENDED FLOOR A 3195 6-May-09 24-Jun-09 PLAN Permit Issued
21. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
455 CENTRE DANDENONG RD CHANGE OF USE - KP580/07- HEATHERTON, PAINTBALL GAMES A VIC 3202 13-May-09 22-Jun-09 VENUE Permit Issued 5 TEMPLEMAN COURT ASPENDALE GARDENS, VIC TWO (2) KP583/08 3195 18-Jun-08 1-Jun-09 DWELLINGS Permit Issued 10 LITTLE COLENSO STREET CARRUM, VIC KP62/09 3197 4-Feb-09 25-Jun-09 DWELLING Permit Issued 60 MERNDA AVENUE THREE (3) DOUBLE BONBEACH, VIC STOREY Notice Of KP625/08 3196 1-Jul-08 16-Jun-09 DWELLINGS Decision 49 EMBANKMENT GROVE CHELSEA, KP64/09 VIC 3196 5-Feb-09 25-Jun-09 2 LOT SUB Permit Issued 55 CHELSEA ROAD CHELSEA, TWO (2) KP684/08 VIC 3196 22-Jul-08 30-Jun-09 DWELLINGS Permit Issued 12 SECOND STREET PARKDALE, VIC REMOVAL OF Permit KP71/09 3195 10-Feb-09 2-Jun-09 COVENANT Withdrawn
8 CHURCH ROAD TWO (2) DOUBLE CARRUM, VIC STOREY KP728/08 3197 6-Aug-08 17-Jun-09 DWELLINGS Permit Issued 19 SOUTHERN ROAD MENTONE, KP75/09 VIC 3194 11-Feb-09 2-Jun-09 TWO DWELLINGS Permit Issued 619B NEPEAN HIGHWAY CARRUM, VIC Permit KP771/08 3197 13-Aug-08 29-Jun-09 SIX (6) DWELLINGS Refused
3 BIBBY COURT B'LD & WORKS - MOORABBIN, VIC WAREHOUSE/OFFI KP79/09 3189 11-Feb-09 23-Jun-09 CE Permit Issued 13 BONDI ROAD BONBEACH, VIC FIVE (5) KP807/08 3196 27-Aug-08 11-Jun-09 DWELLINGS Permit Issued 50 ELLA GROVE CHELSEA, VIC THREE (3) KP809/08 3196 27-Aug-08 11-Jun-09 DWELLINGS Permit Issued 84 CLARINDA ROAD CLARINDA, KP81/09 VIC 3169 12-Feb-09 30-Jun-09 TWO DWELLINGS Permit Issued 122B PARKERS KP87/09 ROAD PARKDALE, 17-Feb-09 23-Jun-09 3 LOT SUBDIVISION Permit Issued
22. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
VIC 3195
TWENTY SIX (26) DWELLINGS AND ALTERATIONS TO AN EXISTING ACCESS TO LAND 90 WHITE STREET ADJACENT TO A MORDIALLOC, VIC ROAD ZONE Notice Of KP909/08 3195 1-Oct-08 3-Jun-09 (CATEGORY 1). Decision INSTALL A 15 METRE COMMUNICATION 27 CHUTE MAST ON TOP OF STREET BUILDING WITH A MORDIALLOC, VIC 5.8 GIGAHERTZ Permit Not KP912/08 3195 1-Oct-08 15-Jun-09 RADIO Required INSTALL A 5 METRE 10-12 COMMUNICATION NORTHCLIFFE MAST ON TOP OF ROAD BUILDING WITH A EDITHVALE, VIC 5.8 GIGAHERTZ Permit Not KP914/08 3196 1-Oct-08 12-Jun-09 RADIO Required 1/540-548 MAIN STREET MORDIALLOC, REMOVE KP93/09 VIC 3195 19-Feb-09 24-Jun-09 EASEMENT Permit Issued
23. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
L 123 KP49/09 34-94 Oak Avenue, Mentone
APPLICANT: CHOF4 Mentone P/L (Charter Hall) c/- SJB Planning ADDRESS OF LAND: No. 34-94 (Lot 2 on PS 531771J) Oak Avenue, Mentone Melway Ref: 87A4 & 87 B4 PROPOSAL One-Hundred & Nineteen (119) Dwellings CONTACT OFFICER: Jennifer Pippo FILE NO: KP49/09 ZONING: Clause 32.01 – Residential 1 Zone OVERLAY(S): Clause 43.02 – Design & Development Overlay 14 (DDO14) Clause 44.05 – Special Building Overlay Clause 45.03 – Environmental Audit Overlay KINGSTON State Planning Policy Framework PLANNING SCHEME Clause 12: Metropolitan Development ORDINANCE Clause 14: Settlement CONTROLS: Clause 15: Environment Clause 16: Housing Clause 18: Infrastructure Clause 19: Design & Built Form
Local Planning Policy Framework Clause 21.03: Land Use Challenges for The New Millennium Clause 21.04: Vision Clause 21.05: Residential Land Use Clause 22.11: Residential Development Policy
Particular Provisions Clause 52.06: Car Parking Clause 52.17: Native Vegetation Clause 52.29: Land Adjacent to a Road Zone Clause 52.36: Integrated Public Transport Planning Clause 55: Two or More Dwellings on a Lot & Residential Buildings
General Provisions Clause 65: Decision Guidelines RESIDENTIAL Increased Housing Diversity POLICY AREA: NEIGHBOURHOOD Area 18 CHARACTER AREA: DECISION BY: STATUTORY DAYS:
At its meeting of 27th July, 2009, Council resolved to defer a decision on this application.
1.0 KEY ISSUES RELATING TO THIS APPLICATION
- Traffic considerations (access and parking) - Amenity impact (internal and external)
24. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
- Neighbourhood character and design matters - Vegetation/landscaping considerations
2.0 PROPOSAL
2.1 It is proposed to construct one-hundred and nineteen (119) double storey dwellings, including associated landscaping and internal roadworks.
2.2 The Master Site Plan (DRG No. TP08) that accompanies this application is colour coded and specifies the mix of housing proposed for the development. The mix of housing is described in the table below:
Dwelling Bedrooms Car Parking Bathrooms Study Nook or Total number Type Spaces room of Dwelling Type 1 3 2 2 - 7 2 3 2 2 Nook 12 3 3 2 2 - 14 4 3 2 2 - 9 5A 3 2 2 Nook 15 5B 3 2 2 Room + Nook 6 5C 3 2 2 Room + Nook 2 6 3 2 2 - 19 7 2 1 2 Nook 13 8 3 2 2 Room 1 9 3 2 2 Room 10 10 3 2 2 Nook 1 11 3 2 2 Room 3 12 2 1 2 Nook 3 13 3 2 2 - 4 Total 119
2.3 Of the one-hundred and nineteen (119) dwellings proposed, one-hundred and three (103) dwellings will include three (3) bedrooms, with the balance of dwellings (i.e. sixteen – 16) comprising of two (2) bedrooms.
2.4 Each dwelling is provided with an individual garage. Approximately half of the dwellings have a double garage that adjoins the dwelling. Other dwellings are provided with single attached garages with tandem car parking spaces and those dwellings that comprise of two (2) bedrooms, contain a single space garage.
2.5 A total of thirty (30) visitor car parking spaces are provided, which exceeds ResCode requirements (discussion provided at Section 12.3).
2.6 Two (2), two way, vehicle crossovers are proposed along the site’s Oak Avenue frontage. An internal road network is proposed, which is based on a grid layout, to provide access to one-hundred and eleven (111) dwellings.
25. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
2.7 Eight (8) single vehicle crossovers are proposed at the far western end of the site’s Oak Avenue frontage, providing direct access from Oak Avenue to dwellings 1 to 8. Vehicle access to the balance of dwellings is from within the site’s road network.
2.8 No vehicle access to Warrigal Road is proposed, in accordance with VicRoads’ requirements.
2.9 As outlined by the Permit Applicant, the dwellings will be constructed around an internal street network generally laid out in a regular grid pattern. These streets and other common areas in the development will be landscaped accordingly.
2.10 The proposal has an overall site coverage of 41 percent and a permeability percentage of 20.
2.11 As part of the proposal, Reg Marlow Reserve is proposed to be increased in size by 31%.
2.12 A variety of building materials, textures, colours and finishes are proposed for the subject development, which are detailed on Drawing Nos. TP21 to TP27, and can be summarised as follows:
§ Face brickwork § Rendered masonry § Rendered polystyrene wall panels § Villaboard lining § Villaboard eaves lining with paint finish § Fibre cement sheet cladding with vertical show-line grooves and paint finish § Timber cladding § Aluminium window frames § Translucent glazing § Colorbond metal deck roofing § Frameless glass balustrades § Plywood panel garage doors with paint finish § Colorbond panel-lift garage doors with horizontal v-grooves and woodgrain finish.
3.0 SITE & SURROUNDS
3.1 The subject site is located on the south side of Oak Avenue, Mentone. The land is the remainder of the former Nylex site, which is located on the eastern side of the Nepean Highway, Mentone and is generally bound by Oak Avenue to the north and Johnston Street to the south. The site was zoned Residential 1 via Planning Scheme Amendment C51 to the Kingston Planning Scheme.
3.2 More specifically, the subject site is identified as No. 34-94 Oak Avenue, Mentone and referred to as Lot 2 on Plan of Subdivision 531771J, Volume 11089 and Folio 546.
3.3 The site has an overlay area of some 3.33 hectares and is irregular in shape. The site is generally level; however there is a slight fall from north to south.
26. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
3.4 The site is encumbered by the following easements: § A triangular shaped easement (E-4) located in the north western corner of the site, in favour of United Energy Limited for powerlines;
§ A 3 metre wide and 13.2 metre long easement (E-7) located in the south western corner of the site, which is in favour of South East Water; and
§ A 6.10 metre wide easement (E-9) that traverses diagonally through the south- western end of the dog-leg shaped section of the site, which is in favour of Melbourne Water and Metropolitan Board of Works (MMBW).
3.5 The subject land is also affected by two (2) S.173 Agreements. Both of these Agreements, as confirmed by the Permit Applicant, do not relate to the development site specifically. These two (2) Agreements relate to the balance of the former Nylex site, which has approval for a commercial form of development (restricted retail).
3.6 The land is largely vacant; with the exception of a large, unoccupied, single storey office building located towards the eastern side of the site and associated car parking spaces. An additional car parking area is located towards the site’s Oak Avenue frontage and is currently accessible by the public.
3.7 There are a number of large trees, mostly eucalyptus, scattered on the site. It is understood that these trees were planted in association with the former use of the site by Nylex and, therefore, are not classified as remnant vegetation.
3.8 Vehicle access to the site is currently via four (4) crossovers located along the site’s Oak Avenue frontage and one (1) vehicular crossing from the site’s Warrigal Road frontage.
3.9 The surrounding area typically comprises of a mix of development. Located directly north of the subject site, on the opposite side of Oak Avenue, is a range of residential development type/styles (including both single and double storey forms). Vehicular access for these dwellings is provided directly from Oak Avenue.
3.10 Located to the south side of the subject site are also residential properties, which front Johnston Street. It is the rear yards of these dwellings that share a common property boundary with the subject site.
3.11 Located on the corner of Warrigal Road and Oak Avenue, to the east side of the subject site, is Reg Marlow Reserve. The Reserve contains park furniture and playground equipment and enjoys a well vegetation perimeter.
3.12 Also adjoining the subject site to its east is Warrigal Road.
3.13 To the west side of the subject site is the balance to the former Nylex site, which fronts Nepean Highway. This land has been recently (2006) rezoned from an Industrial 1 Zone to a Business 4 Zone. This site, as earlier mentioned, has received approval for various restricted retail premises. As part of this development, it is
27. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
expected that an acoustic fence will be constructed along the site’s west common property boundary, to separate and mitigate noise of a non-residential nature from the subject site.
4.0 TITLE DETAILS
4.1 The Permit Applicant has completed the planning application form declaring that the proposal does not breach any restrictions, including any Section 173 Agreements, as listed on the Certificate of Title.
5.0 PLANNING CONTROLS
5.1 The subject site is located within a Residential 1 Zone and is subject to a Design and Development Overlay – Schedule 14, Special Building Overlay and Environmental Audit Overlay.
5.2 Warrigal Road is identified in a Road Zone Category 1.
5.3 Oak Avenue is identified as a second class local roadway.
6.0 PLANNING PERMIT REQUIREMENTS
6.1 Pursuant to Clause 32.01 – Residential I Zone, a planning permit is not required to use the site for a one-hundred and nineteen (119) dwellings.
6.2 Pursuant to Clause 32.01 – Residential 1 Zone, a planning permit is required to construct two (2) or more dwellings on a lot.
6.3 Pursuant to Clause 43.02-2 – Design and Development Overlay Schedule 14 (DDO14), a planning permit is required to construct a building or construct and carry out works.
6.4 Pursuant to Clause 44.05 – Special Building Overlay, a planning permit is required to construct a building or construct and carry out works.
6.5 Pursuant to Clause 52.29 – Land Adjacent to a Road Zone, a planning permit is required to construct or alter an access to a Road Zone Category 1.
7.0 RELEVANT HISTORY
7.1 There is no relevant planning history relating to this site.
28. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
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. Eight (8) objections to the proposal were received. The valid grounds of objection raised are summarised as follows:
· Traffic concerns · Neighbourhood character / Visual Bulk along Oak Avenue · Front fencing concerns along Oak Avenue · Overdevelopment · Devaluation of property prices · Vegetation removal and loss of wildlife
9.0 PRELIMINARY CONFERENCE
9.1 A preliminary conference was held on Wednesday, 1 July 2009 with the Planning Officer, one (1) Ward Councillor, eight (8) objectors, the Permit Applicant and accompanying support by their Traffic Engineer, Architect and Land Owner. The above-mentioned issues were discussed at length.
9.2 The above concerns were unable to be resolved at the preliminary conference, and the objections still stand.
9.3 The main issue discussed at length related to traffic issues, in particular the current traffic volumes along Oak Avenue and the belief that the proposed development will only exacerbate this issue. This matter is further discussed in detail at Section 13.3 and 14.1 of this report.
10.0 REFERRALS
10.1 The following internal and/or external referral departments were notified:
· Council’s Development Engineer · Council’s Vegetation Management Officer · Council’s Traffic Engineer · Council’s Roads and Drains Department · Council’s Strategic Planning Department – Urban Designer · Council’s Environment Department – Parks Projects & Design · Council’s Leisure Planning Department · Council’s Capital Works Co-ordinator · VicRoads · Melbourne Water · Department of Transport · MFB
10.2 The above-mentioned referral authorities generally had no objection to the proposal, subject to conditions being included on any permit issued.
29. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
10.3 Further discussion regarding VicRoads position and comments on this application can be found at Sections 13.3 and 14.1.
10.4 It should be noted that the original plans for this application proposed a left only egress arrangement onto Warrigal Road from the subject land. As required under the Planning Scheme requirements at Clause 52.29, the application was referred to VicRoads for comment. VicRoads advised Council that they would not support any access or egress arrangement along the site’s Warrigal Road frontage. Since this time several people have discussed access from the site onto Warrigal Road, however, the answer from VicRoads remains the same, that is no access to or from the site via Warrigal Road will be permitted.
10.5 Accordingly, the Permit Applicant substituted plans on 26 May 2009, whereby two (2) crossovers were proposed from Oak Avenue only, with no access to Warrigal Road. The revised set of plans is the current plans under consideration by Council.
10.6 It is acknowledged that the main concern of most objectors relates specifically to the current traffic conditions experienced along Oak Avenue and the foreseen traffic generation that the proposed development will cause along Oak Avenue, given access is only being proposed along the site’s Oak Avenue frontage rather than Warrigal Road.
10.7 Some of the objectors mentioned in the preliminary conference meeting that they would prefer to see some form of access proposed along Warrigal Road, to reduce the amount of traffic likely to flow onto Oak Avenue from the development. Council’s Planning Officer advised the objectors that further discussions would be had with VicRoads to see whether there would be any flexibility for them to revisit their initial comments to allow some form of access to be provided to Warrigal Road.
10.8 Following on from the preliminary conference meeting, Council’s Planning Officer contacted VicRoads to ascertain their position. Subsequently, VicRoads continue to advise that they do not support any new access arrangement onto Warrigal Road.
11.0 RELEVANT POLICIES
11.1 State Planning Policy Framework (SPPF)
Clause 12: Metropolitan Development Clause 14: Settlement Clause 15: Environment Clause 16: Housing Clause 18: Infrastructure Clause 19: Design & Built Form
11.2 Local Planning Policy Framework (LPPF)
Clause 21.03 Land Use Challenges for The New Millennium Clause 21.04: Vision
30. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
Clause 21.05: Residential Land Use Clause 22.11: Residential Development Policy
11.3 Particular Provisions
Clause 52.06: Car Parking Clause 52.17: Native Vegetation Clause 52.29: Land Adjacent to a Road Zone Clause 52.36: Integrated Public Transport Planning Clause 55: Two or More Dwellings on a Lot & Residential Buildings
11.4 General Provisions
Clause 65 (Decision Guidelines)
11.5 Other
11.6 Neighbourhood Character Area Guidelines (Incorporated Document)
11.7 The land is located within Area 18 of the Neighbourhood Character Guidelines. There are no critical or major contributions notes for this character area. Accordingly, the proposal is generally in accordance with the applicable character profile.
12.0 RELEVANT POLICIES IN DETAIL
12.1 State Planning Policy Framework
The State Planning Policy Framework sets out the relevant state-wide policies for residential development at Clause 11 (Goals and Principles), Clause 12 (Metropolitan Development), Clause 14 (Settlement), Clause 15 (Environment), Clause 16 (Housing), Clause 18 (Infrastructure) and Clause 19 (Design and Built Form). Clause 11 requires Council to integrate the range of policies relevant to the issues to be determined and to balance conflicting objectives in favour of net community benefit and sustainable development.
The provisions of Clause 12 override other strategies in the SPPF where there are strategy differences. Clause 12 essentially reproduces the policy directions of Melbourne 2030 and it outlines objectives and strategies under each policy to achieve the goals of Melbourne 2030. Of specific relevance to the consideration of this application, it encourages urban consolidation in appropriate locations. Further, under the ‘Housing’ strategies, it requires to locate a substantial proportion of new housing in or close to activity centres and other strategic redevelopment sites that offer good access to services and transport. Importantly, the subject land is identified as a ‘residential opportunity site’ under Council’s Residential Land Use Policy found within the Municipal Strategic Statement at Clause 21.05.
Further to these key policy components broadly outlined through Clause 12.01, part of the ‘Neighbourhood Design’ principles looks at providing for ‘compact neighbourhoods that are orientated around walkable distances between activities 31. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
and where neighbourhood centres provide access to services and facilities to meet day- to-day requirements. The ‘Open Space’ initiatives seek to ensure that the provision of buildings and infrastructure are consistent with the management objectives of parks and protecting regional parks and any significant conservation areas.
Clause 14 aims to ensure there is a sufficient supply of land available for residential development to facilitate the orderly development of urban areas.
Clause 15 aims to assist the protection and, where possible, restoration of catchments, waterways, water bodies, groundwater, and the marine environment.
Clause 16.01-1 aims to encourage residential development that is cost-effective in infrastructure provision and use, energy efficient, incorporates water-sensitive design principles and encourages public transport use.
Clause 19.03 relates to the Design and Built Form of developments and aims to ensure that developments achieve high quality designs that contribute positively to the urban character of the area.
It is submitted that the proposed development satisfies the aforementioned State strategies and policy direction. Specifically, the subject site is recognised as a residential opportunity site, which includes all the attributes for a medium density project. The site enjoys convenient linkages to public transport modes, community facilities and the like.
12.2 Local Planning Policy Framework
The Local Planning Policy Framework contains Council’s strategic direction, the Municipal Strategic Statement (MSS), which is an extension of direction established by the SPPF, and the local policies that implement the LPPF.
Within Clause 21 (MSS) of the Kingston Planning Scheme, the following four (4) attributes are submitted as being the most relevant to the consideration of the proposal:
§ Clause 21.03 Land Use Challenges for The New Millennium § Clause 21.04: Vision § Clause 21.05: Residential Land Use § Clause 22.11: Residential Development Policy
After reviewing the relevant strategic directions that emerge from the above- mentioned Clauses, the following can be summarised:
§ Clause 21.03: Land Use Challenges for The New Millennium identifies the need for the Municipality to provide suitable housing stock that meets future housing demands and to sustain an appropriate mix of supporting urban infrastructure. It is further stated that recent pressures for new development, consolidation and medium density housing has resulted in change to the amenity
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and character of local areas. It is acknowledged that careful management will be required in order to integrate urban consolidation objectives with an understanding of specific character issues applicable to certain neighbourhoods.
§ Within Clause 21.04-3: Strategic framework plan (Clause 21.04 Vision), it promotes medium density housing opportunities in areas designated for increased housing diversity. Further to this, it goes on to state that ‘larger residential opportunity sites, where new residential development (including medium density housing) should be pursued’.
§ Policy at Clause 21.05 – Residential Land Use specifically focuses on large residential opportunity sites. This section recognises that in recent times, Kingston has experienced housing growth on greenfield sites in suburbs such as Dingley, Aspendale Gardens, Chelsea Heights and the like. Importantly this policy recognises that ‘all large residential opportunity sites will provide [an] integrated mix of lot sizes and housing types, and medium density housing will become a more important housing element on these sites’.
§ The objectives of the Municipal Strategic Statement at Clause 21.05 – Residential Land Use (as relevant to this application) include:
o Objective 1: To provide a wide range of housing types across the municipality to increase housing diversity and cater for the changing needs of current and future populations, taking account of the differential capacity of local areas in Kingston to accommodate different types and rates of housing change. o Objective 2: To ensure new residential development respects neighbourhood character and is site responsive, and that medium density dwellings are of the highest design quality. o Objective 3: To preserve and enhance well landscaped/vegetated environments and protect identified significant vegetation. o Objective 4: To promote more environmentally sustainable forms of residential development. o Objective 5: To manage the interface between residential development and adjoining or nearby sensitive/strategic land uses. o Objective 6: To ensure residential development does not exceed known physical infrastructure capacities. o Objective 7: To ensure all residential neighbourhoods in Kingston are provided with supporting social infrastructure adequate to the population’s needs. o Objective 8: To recognise and respond to special housing needs within the community.
Relevant strategies to achieve these objectives (as relevant to this application) include:
o Encourage residential development within activity centres via shop-top housing and mixed use developments, and on transitional sites at the
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periphery of activity centres. The intensity and scale of such development will need to be in keeping with the scale of these centres. o Support innovative residential infill development on former industrial sites adjacent to established residential areas, and on other mixed use or traditionally non-residential sites where appropriate. o Promote a range of lot sizes and housing types, including medium density housing, on large residential opportunity sites, particularly where such sites have good access to public transport and other facilities. o Ensure development plans are prepared and implemented for all large residential opportunity sites to address the provision of a diversity of housing opportunities and to ensure that other site and contextual issues are addressed. o Promote 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 Promote new residential development which provides a high standard of amenity and quality of life for future occupants. o Ensure that the planning, design, siting and construction of new residential development responds to best practice environmental design guidelines for energy efficiency, waste and recycling, and stormwater management. o Ensure that where medium and higher density residential areas are proposed adjacent to lower density residential areas, the design of such development takes proper account of its potential amenity impacts. o Require the provision of car parking to satisfy the anticipated demand having regard to average car ownership levels in the area, the environmental capacity of the local street network and the proximity of public transport and nearby on and off street car parking. o Ensure that all new medium density housing provides adequate private open space that is appropriately landscaped. o Ensure that large residential opportunity sites provide contributions towards the creation and/or enhancement of public open space within, or in reasonable proximity to, such sites. o Ensure the development of large residential opportunity sites contributes to identified social infrastructure needs.
§ On a similar level to that sought by the State Planning Policy Framework, Clause 21.05 seeks to encourage a range/mix of infill residential development on residential opportunity sites. The subject site is earmarked for residential development and is further identified within Council’s Residential Land Use Framework Plan as a residential opportunity site. In response to this policy direction, a two (2) storey, townhouse style development, sought across the entire site, is before the Council for consideration. Although each dwelling takes on a two (2) storey form, the internal layout and external façade treatments vary across the site with thirteen (13) different housing types proposed.
§ Clause 22.11 Residential Development Policy extends upon the provision contained at Clause 21.05 (Residential Land Use) along with the State Planning
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Policy Framework provisions found at Clause 14.02-2 – Settlement and Clause 16.02 – Medium Density Housing, effectively promoting high-density development around activity centres and locations close to public transport.
In summary the proposal is seen to be strongly consistent with Council’s Local Planning Policy Framework and, importantly, it delivers on some very specific objectives for residential opportunity sites as well as the type and form of medium density development expected, in general.
12.3 Particular Provisions
A number of particular provisions are considered relevant to the consideration of this application. They are identified as follows:
§ Clause 52.06 Car Parking of the Kingston Planning Scheme outlines the parking requirements for a variety of uses. The overriding purpose of this Clause is to ensure that car parking facilities are provided in accordance with the State and Local Planning Policy Framework.
Notwithstanding the requirements of Clause 52.06, when a site is zoned for residential purposes and the proposal on the land is for the same, the car parking rate applicable is provided under Clause 55, Standard B16, of the Kingston Planning Scheme. Accordingly, a prescribed rate of one (1) car parking space to each one (1) or two (2) bedroom dwellings is required. For dwellings that include three (3) or more bedrooms, a rate of two (2) car parking spaces is required.
Further to the above requirements, Standard B16 specifies that for developments of five (5) or more dwellings, a rate of one (1) visitor car parking space should be provided for every five (5) dwellings.
In response to the above provisions, the proposal generates a statutory car parking requirement for two-hundred and twenty two (222) resident car parking spaces and twenty-four (24) visitor car parking spaces.
In the case of the proposed development, each dwelling is provided with the required amount of on-site car parking and exceeds the visitor car parking requirements by supplying a total of thirty (30) spaces.
§ Clause 52.17 Native Vegetation seeks to protect and conserve native vegetation to reduce the impact of the land and water degradation and provide habitat for plants and animals. This Clause seeks to minimise the removal of native vegetation through appropriate planning and design outcomes or alternatively, appropriate offsets for the loss of native vegetation.
Pursuant to Clause 52.17-2, a planning permit is required to remove, destroy or lop native vegetation, including dead native vegetation on land greater than 4,000m2. However, this does not apply if the table to Clause 52.17-6 specifically states that a permit is not required for the removal, destruction or lopping of native vegetation.
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The table of exemptions provided at Clause 52.17-6 specifies that no permit is required for ‘planted vegetation’, including that planted for aesthetic or amenity purposes such as in the case of gardens and site landscaping.
The Permit Applicant has indicated that the vegetation proposed to be removed for the development falls within this exemption criteria. Council’s Vegetation Management Officer has conducted a site inspection and examined the vegetation proposed to be removed by way of this application, and concurs that the subject vegetation has been planted on the site for aesthetic / amenity purposes and, therefore, does not require a permit for its removal.
§ Clause 52.29 Land Adjacent to a Road Zone
The primary purpose of this Clause is to ensure appropriate access to identified roads. As Warrigal Road is identified as a Road Zone Category 1 Road and the existing crossover is proposed to be altered (i.e. footpath and naturestrip reinstated) as part of this application, a planning permit is required and VicRoads (the relevant road authority) is therefore a formal referral authority in this matter.
As mentioned earlier within this report, Council referred the original application, which proposed a new, single lane, egress arrangement (‘left only’) from the subject land to Warrigal Road, to VicRaods who provided the following response:
‘The proposed access arrangements with three two-way crossovers along Oak Avenue would be in accordance with VicRoads’ Access Management Policy. The intersection of Warrigal Road/Oak Avenue is signalised and suitable to handling all turning movements to and from the development.
There is a question of whether the existing access along Warrigal Road can be retained and modified with left out only onto Warrigal Road. This arrangement would see motorists exit this point rather than waiting at the signals given the ‘green time’ along Warrigal Road. On this basis, the access would be better served as a ‘left in’ only. However, in any instance that an access is available and despite the turning retractions imposed, motorists may be tempted to undertake illegal turning manoeuvres which would present itself as a safety issue. It is therefore a requirement of VicRoads that the access be removed and the footpath and nature strip reinstated.
In the current application, vehicle access to the subject site is freely available via Oak Avenue and for the above reasons it is considered that this situation should continue with the proposed development.
Given the above, VicRaods objects to the grant of a planning permit for the retention and modification of the access to Warrigal Road on the grounds that this would hinder the safe and efficient operation of Warrigal Road.
VicRoads would be prepared to reassess the proposal subject to the application being amended so that the Warrigal Road access point is deleted and that all
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vehicle access and egress to the proposed residential development is via Oak Avenue.
Following receipt of this response, the Permit Applicant submitted revised plans whereby the proposed access to Warrigal Road was deleted, with the existing access proposed to be closed off and the naturestrip and footpath reinstated, in accordance with VicRoads’ comments.
As highlighted earlier, Council is aware that a number of the objectors raised concern with regard to the proposed access arrangements. This matter is discussed in detail within Section 13.3 and 14.1 of this report.
It is important to recognise that considerable regard has been made to the placement of proposed crossovers to Oak Avenue and the removal of access to Warrigal Road by VicRoads, who have concluded that the proposed arrangement as advanced by the latest plan to be the optimal arrangement.
As mentioned earlier in this report, VicRoad’s position on access to/from the site via Warrigal Road is that it still opposes such access arrangements.
§ Clause 52.36 Integrated Public Transport Planning
Relevant to this application, the intention of this Clause, amongst other things, is to ensure development supports public transport usage and to ensure that development incorporates safe, attractive and convenient pedestrian access to public transport stops.
Pursuant to this Clause, an application of 60 or more dwellings must be referred to the Director of Public Transport. Accordingly, the application was referred to the Department of Transport whereby they advised Council that they do not object to the proposal, subject to conditions to be included on any permit issued.
§ Clause 55: Two or More Dwellings on a Lot & Residential Buildings
It is acknowledged that the provisions of Clause 55 (ResCode) of the Kingston Planning Scheme apply to this application to construct one-hundred and nineteen (119) double storey dwellings on the subject land.
An assessment against the provisions of Clause 55 has been undertaken by Council’s Planning Officer and it should be noted that the proposed development attains a high level of compliance.
Notwithstanding the development’s general compliance with Clause 55, there are some minor areas of non compliance that are noteworthy of discussion, these being:
Does the Clause 55: Title and Objective Proposal Discussion Comply with the
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Standard? B17 Side and Rear Setbacks All dwellings The Permit Applicant seeks a Ensure the height and setback comply with the 0.7 metre variation to this respects the existing or preferred Standard except standard with regard to the first neighbourhood character and for Dwelling 1 floor master bedroom and limits the amenity impacts on ensuite of Dwelling 1 for the existing dwellings. following reason: § The dwelling abuts a Business 4 Zone and, therefore does not result in any unreasonable amenity impacts, as a result of the proposed minor variation to the site setback requirements.
B18 Walls on Boundaries All dwellings The Permit Applicant seeks a Ensure the location, length and comply with the .05 metre variation to this height of a wall on a boundary Standard except standard with regard to the respects the existing or preferred for Dwelling 1 overall height of the wall neighbourhood character and proposed to be built along the limits the amenity impacts on site’s west property boundary existing dwellings. for Dwelling 1 for the following reason: § The dwelling abuts a Business 4 Zone and, therefore does not result in any unreasonable amenity impacts, as a result of the proposed minor variation to the site setback requirements.
B29 Solar Access to Open Space All dwellings The requirements to this Allow solar access into the comply with the standard are not met for the secluded private open space of Standard except setback of the southern new dwellings/buildings. for Dwelling boundary to the wall on the Type 3 north of the secluded private (Dwellings 20 to open space (SPOS) area of 33) Dwelling Type 3. Accordingly, the Permit Applicant seeks a variation to this standard for the following reasons:
Although the SPOS area for these dwellings do not enjoy the same access to sunshine as the SPOS provided to the
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balance of the dwellings in the development, it is important to recognise that Type 3 dwellings are provided with reasonably sized areas of POS to the front of these dwellings, which benefits from access to northern sunlight. Although not located to the rear of the dwellings, these areas will receive excellent access to sunlight and are proposed to be fenced from the street, to afford these areas some level of privacy. B32 Front Fences All dwellings A 1.7 metre high picket front Encourage front fence design that comply with the fence is proposed for dwellings respects the existing or preferred standard except 8 to 33, which runs along the neighbourhood character. for Dwellings 8 to site’s Oak Avenue frontage. 33, The Permit Applicant has advised that this fencing will achieve 25% transparency. To justify this variation, the Permit Applicant states that fencing of this height is not atypical to Oak Avenue, particularly where it nears the intersection with Warrigal Road.
Apart from the minor areas of non-compliance discussed above, the proposed development achieves a high level of compliance with the provisions of Clause 55 of the Kingston Planning Scheme.
The variations sought to Standards B17 (Side and Rear Setbacks) and B18 (Walls on Boundaries) for Dwelling 1 are considered appropriate, particularly given that this dwelling does not abut a sensitive interface and, therefore, shares its common boundary to the west with Business 4 zoned land. It should also be highlighted that the variations sought under these Standards are minor in nature (only 0.7m and 0.05m variations) and, therefore are considered negligible in the context of the site’s immediate neither non-residential nor sensitive abuttals.
With regard to the variations sought under Standard B29 (Solar Access) and B32 (Front Fences), the justification provided for these dispensations are considered reasonable and sound. It is acknowledged that when designing developments of a magnitude (i.e. large number of dwellings) such as this, some dwellings will generally receive greater amenity outcomes than others, given site constraints and site orientation etc. Accordingly, the variations sought for Dwelling Type 3 are considered to be appropriate, in this instance.
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In summary, it is considered that the variations sought by the Permit Applicant are minor in nature and will not cause undue detriment to adjoining properties, the surrounding neighbourhood character or unreasonably compromise the amenity of future occupants.
It is for these reasons that it is submitted that the slight variations sought under ResCode by this application, are deemed appropriate in this instance and warrant support.
13 PLANNING CONSIDERATION & ASSESSMENT OF KEY ISSUES
Before delving into the planning consideration and focal topics presented below, it should be recognised that the Subject Land is suitable and intended for some form of residential development. Both the State and Local Planning Policy Framework set out clear guidelines and direction for the intended use and development of the subject site.
As previously outlined, Council’s Residential Land Use Framework Plan at Clause 21.05, identifies the Subject Land as a ‘Residential Opportunity Site’. Therefore, it is widely accepted and acknowledged that the site is suitable for residential development.
It is now the position of Council to determine whether the proposal would achieve an “acceptable” outcome having regard to the applicable policies, decision guidelines and the provisions of the Kingston Planning Scheme.
The following is a detailed response to the imperative matters associated with this planning application. It has been decided to address each of these matters in turn, in no particular order, however grouping them under their corresponding theme.
13.1 Proposed Use and Development of the Site for One-Hundred and Nineteen Dwellings
The subject land is located within a Residential 1 Zone. The proposed use of the site, as sought by this application, is of a residential nature for the development of the land for one-hundred and nineteen (119) dwellings. As presented in Section 6.1 of this report and pursuant to the zoning provisions, a planning permit is not required to use the site for residential development.
As the site is located in a Residential 1 Zone, the proposal is a Section 1 Use i.e. ‘as if right’ use, where approval is not required and, therefore, assessment of this application relates largely to the development, the layout and built form proposed. Accordingly, the following sections of this report will now focus on the fundamental merits of this proposal, these being: housing density and layout, the provision of car parking, access and traffic, any unreasonable built form impacts and urban design concerns, external or internal amenity effects, site contamination, landscaping and pedestrian treatments. Each of these matters shall be addressed in turn.
13.2 Density & Layout
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As the proposed use is deemed to be fitting for the site, given its residential zoning, this then turns the discussion to housing density and the general siting and layout proposed.
It has been established that the proposal achieves the urban consolidation initiatives and strategies set out by both the State and Local Planning Policy Framework. The proposed density equates to 37.2 dwellings per hectare. Whilst this density is somewhat higher than that experienced for more conventional forms of housing, the site is recognised by Council’s Municipal Strategic Statement as a large residential opportunity site and a good opportunity to provide a significant amount of housing in the municipality to meet both the projected future housing demands put forth by the State Government and the expected population growth of more than 15,000 people for the City of Kingston alone, specified in the Municipal Profile (Clause 21.02). Accordingly, this opportunity should not go overlooked.
The form of housing and density sought by this application is further supported by the site’s proximity to:
o Retail: - Adjoining Homemaker site and smaller centres within a convenient 10 minute walk. - Proximity to Mentone Activity Centre, which is approximately 1km from the subject site. - Proximity to DFO and the Moorabbin Airport, which is approximately 1.5 - 2km from the subject site.
o Public Transport:
- Warrigal Road Smart Bus route passes the subject site - Mentone Railway Station is approximately 1km from the subject site.
o Airport: - Moorabbin Airport is approximately 1.5km from the subject site.
o Beach: - Approximately 2km from the subject site.
The Permit Applicant has proposed a mix (i.e. 13 different housing types) of contemporary style townhouses that although may vary from the established residential built form found in the immediate area, it is not dissimilar to the expected type of development that will and is slowly emerging within the municipality. It is the form of housing envisaged for our ‘residential opportunity areas’. As stipulated by the Permit Applicant, the proposal seeks to cater for diversity in the population and housing market, with a direct link to both State and Local Planning Policies.
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It is important to note that in response to the Planning Officer’s initial concerns that were presented to the Applicant regarding general on-site amenity issues, greater diversity in housing forms and general urban design issues, in response and to correct these concerns, the Applicant revised the layout by reducing dwelling numbers, providing a significant increase to Reg Marlow Reserve and redesigning the internal road network.
13.3 Traffic, Access and Car Parking
Prior to discussing the planning consideration regarding the proposed access arrangements to the subject site, the following information is raised as context to the conditions which presently apply to the subject land.
§ The subject site is bound by three roadways, these being: Nepean Highway, Oak Avenue and Warrigal Road.
§ Nepean Highway is identified as a Road Zone Category 1 and falls under the jurisdiction of VicRoads.
§ Nepean Highway is a two-way road that is separated by a central median and comprises of three (3) lanes in each direction.
§ On-street car parking is available along the service roads.
§ Nepean Highway experiences approximately 63,000 vehicles per day.
§ Oak Avenue is identified as a local road and falls under the jurisdiction of Kingston City Council.
§ Oak Avenue is aligned on an east-west direction, connecting to Nepean Highway and Warrigal Road.
§ Oak Avenue is a two-way road with kerb-side parking available on both sides of the road.
§ Currently, Oak Avenue experiences approximately 1550 vehicle movements per day.
§ Warrigal Road is identified as a Road Zone Category 1 and falls under the jurisdiction of VicRoads.
§ Warrigal Road is a two-way road that comprises of two (2) in each direction, for the section of the road that abuts the subject site.
§ On-street car parking is not permitted on either side of the road, within close proximity to the subject site.
§ Warrigal Road experiences approximately 19,000 vehicles per day.
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As outlined earlier within this report, the existing access arrangement to Warrigal Road is proposed to be altered by reinstating the kerb and channel and extending the footpath. Two (2), two-way, vehicle crossovers are proposed to Oak Avenue, along with eight (8) single width crossovers to the dwellings located to the far western end of the site’s Oak Avenue frontage.
Those dwellings (i.e. the remaining 111 dwellings) that do not enjoy their own vehicle crossover/access to Oak Avenue will be constructed around an internal street network generally laid out in a regular grid pattern. These streets and other common areas in the development are proposed to be landscaped accordingly and form part of the onus corporation.
It is widely recognised that the Permit Applicant revised the plans and access arrangements to the development in response to comments and recommendations received by VicRoads.
The Permit Applicant relies on a Traffic Impact Report; prepared by GTA Consultants, to demonstrate that the proposed road network, access layout and car parking provisions for the development are effective and appropriate. Taking the information provided within this report, including surveys and findings, into consideration, GTA consultants make the following conclusions: § The proposed development generates a statutory parking requirement of 222 resident parking spaces and 24 visitor car parking spaces; § The proposed supply of 222 off-street resident parking spaces meets the statutory requirements as set out in the Kingston Planning Scheme; § The provision of 30 visitor parking spaces exceeds the statutory requirement of 24 parking spaces and is expected to satisfactorily cater for the peak visitor parking demand within the site; § The proposed parking layout is consistent with the dimensional requirements as set out in the Kingston Planning Scheme; § The proposed development includes a provision for 20 visitor bicycle parking spaces; § An 8.8m Austroads service vehicle can successfully operate along all internal roads within the development (noting that service vehicle access to dwellings 1-33 will be via their Oak Avenue frontage); § All internal access roads meet the minimum requirements of the Metropolitan Fire Brigade; § The site is expected to generate 72 and 714 vehicle movements in any peak hour and daily respectively; and § There is adequate capacity in the surrounding road network to cater for the traffic generated by the proposed development.
As outlined earlier within this report, each dwelling is provided with the required amount of on-site car parking and exceeds the visitor car parking requirements by supplying a total of thirty (30) spaces (24 required by the Kingston Planning Scheme).
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Furthermore, the application has been referred to Council’s Traffic Department for review, assessment and comments. Council’s Traffic Engineer has supported the findings undertaken by the external Traffic Engineer in relation to its assessment of on-site parking demand, the proposed road layout and access arrangements.
It is agreed that the proposed development, earmarked for a medium density ‘residential opportunity site’, provides an adequate amount of on-site car parking to cater for the anticipated amount of vehicles likely to be generated from a development of this size.
The application was formally referred to VicRoads for comments, who have advised that they do not object to the proposed development, providing that no new access/egress is proposed to Warrigal Road and the existing crossover is made redundant with the kerb, footpath and channel reinstated. This position held by VicRoads still remains at this point in time despite further attempts to allow access from the site onto Warrigal Road.
Neither VicRoads nor Council’s Traffic Engineers have raised concern with regard to the expected increase of vehicle movements to and from the site. Further to this, the traffic report prepared by GTA Consultants suggests that the proposed development would result in approximately seven-hundred and fourteen (714) vehicle movement per day, which can be accommodated on Oak Avenue. When breaking this figure down, this equates to each dwelling making six (6) vehicular movements a day. It is understood through traffic studies that Oak Avenue currently experiences in the order of 1700 vehicles per day. In reference to Clause 56 of the Scheme, Oak Avenue is classified as a second level local access street with the ability to cater for up to 3,000 vehicles per day. The Permit Applicant suggests that as a result of the proposed development, Oak Avenue would still be significantly under its anticipated vehicle quota (i.e. approximately 2,500 vehicles).
If Council was to take a conservative approach to these calculations and estimate that each dwelling is likely to experience approximately 10 vehicle movements per day, this would amount to 1,190 vehicles movements for the entire development. When taking this figure and combining it with the current traffic study levels experienced along Oak Avenue, this would amount to approximately 2,890 vehicles movements per day, which again, would still come in at less than the expected tolerance level for Oak Avenue.
It is therefore submitted that although no access/egress is proposed to Warrigal Road, nor permitted by VicRoads, Oak Avenue is capable to accommodate the anticipated traffic levels associated with the proposal.
Further to this point, it should be noted that when considering the number of additional vehicle movements proposed from the subject land as a consequence of the development this number is negligible when compared with a commercial, retail or other form of non-residential use for the subject land.
In conclusion on the matters of traffic, access and car parking it is submitted that:
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§ The development is expected to generate around 714 vehicle additional movements per day which can easily be absorbed by the surrounding road network via the proposed accessways onto Oak Avenue.
§ The existing crossover to Warrigal Road be made redundant and removed with the kerb & channel reinstated, including the extension to the existing footpath, constructed to the satisfaction of the Responsible Authority.
§ The bicycle racks provided near the entrance to Reg Marlow Reserve reduced by at least half the number of what is currently proposed; and
§ The provision of on-site car parking and visitor car parking is deemed satisfactory.
13.4 Urban Design & Amenity Associated Issues
Collectively, it is understood that Council Officers as well as most residents recognise the development potential of the site. Further to this point, the zoning of the land, its location, size, lack of restrictive built form overlays and enabling planning policy all substantiate the potential for a medium density form of development, alike the one proposed, to be accommodated on this site.
With the site being earmarked for a large residential opportunity site, the question then turns to whether the form, design, layout and associated amenity issues are deemed acceptable and appropriate.
Council’s Urban Designer has advised that the revised drawings for the development, received on 26 May 2009, show a significant improvement in urban design principles in the overall layout and streetscape. Essentially, it is considered that the proposed development will achieve a good urban design outcome that will provide an appropriate transition to the surrounding neighbourhood and built form.
Importantly, a number of preliminary design concerns were put to the Permit Applicant, by Council’s Planning Officer, on 27 February 2009. The concerns presented within this letter touched on numerous areas of concern, varying from the original road network layout, waste collection, dwelling presentation and repetition, vegetation and street tree matters, dominance of garages and minimal separation in built form, public open space and the like.
After establishing Council’s view on the original plans, the Permit Applicant chose to revisit the development plans and undertook changes in response to the same.
However, in light of the above comment, Council’s Urban Design has identified a few minor issues that necessitate discussion, these being:
· Corner dwellings, namely numbers 13, 14, 19, 20, 27 and 28 have blank walls along their secondary facades. Greater articulation should be provided to these dwellings to create a sense of entry to the site and provide interest.
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· Drawing TP06 shows Middle Lane as a major pedestrian connection between the development and the Reg Marlow Reserve. However, there is no pedestrian path provided along Middle Lane between Centre Way and East Way.
· Similarly, Dwelling 33 which is adjacent to Reg Marlow Reserve should have some articulation on the façade that faces the Park. This would also provide for improved views to the park.
· There are a large number of bicycle racks provided near the Park entrance which not all may be necessary; it is recommended that this number could be easily halved.
· It should be noted that all the work to Reg Marlow Park, including bollards at the edge of the development, have been identified to be carried out by Council. At a minimum, the developer / applicant should contribute to the cost of works proposed at the interface between the Park and the development.
It is submitted that in the event that a permit issues, suitable permit conditions should be included to address the matters presented above.
Finally, in consideration of the design approach adopted in this application, it should not be lost on the Council of the transition in built form into Oak Avenue. The development has successfully mediated a more intense form of development in the core of the site and opposite areas of lesser amenity (business zoned lands), while providing a more conventional arrangement to Oak Avenue in response to the housing stock on the opposite side of the street, thereby maintaining the streetscape. Additionally, the proposal provides generous setbacks to its most sensitive interface (i.e. the adjoining residential properties to the site’s southern property boundary, ensuring that no undue detriment is caused as a result of the proposal.
13.5 Public Open Space Areas, Vegetation & Pedestrian Access
Reg Marlow Park is located adjacent the Subject Land and totals 0.42 hectares in area.
The subject site is identified within Local Area 4D / 6B of Council’s Public Open Space Strategy. Local Area 4D / 6B is identified as being severely underserved in the provision of open space (0.2 hectares per 1000 population). Although this Strategy is not a reference document within the City of Kingston’s Planning Scheme, the findings and recommendations specified within this document are of key relevance to the consideration of this application.
This Strategy notes that the future redevelopment of the Nylex site will assist to substantially define the future land use direction for the central and southern sections of the study area (i.e. Local Area 4D / 6B). Furthermore, this Strategy identifies primary gaps, these being:
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o There is no substantial park in this local area, and there is a lack of diversity in the few very small parks in this locality; and o The Nylex site currently provides visual benefit to this locality through provision of trees and open space.
Guidance on development opportunities is also provided in the Exploring Leisure needs in M2030 Activity Centres (2007) document. With reference to the needs of the Mentone Major Activity Centre, which the proposed development falls in, the pertinent opportunity that this then presents is:
o Should the Nylex site be redeveloped for housing, a more central social and family recreation reserve of generous proportions could be taken to replace Marlow Park abutting Warrigal Road. Also, in this event, all efforts should be made to retain existing mature trees and open space for visual amenity and off- road trails throughout the development.
In subsequent internal discussions Leisure Planning also indicated that retention and expansion of the footprint of Reg Marlow Park as part of an Open Space Contribution would be a reasonable alternative response to the open space provision in the planning area.
Responsive to the Council’s Public Open Space Strategy, the application proposes to include an extension to the Reg Marlow Reserve, which in-turn will provide for the recreational open space needs of the area. The proposed increase in the size of Reg Marlow Park by 1,317 square metres, accounts for a 31% increase, which equates to approximately a 4% public open space contributions in the form of land. It should be noted that the Section 173 Agreement applicable to the site when it was rezoned required a 5% public open space contribution. This should be reflected in conditions of any permit issued, which will result in a 1% cash distribution, together with the 4% land requirement.
As mentioned earlier within this report, the landscape plans and associated material was referred internally to Council’s Environment Department – Parks Projects & Design as well as Council’s Leisure Planning Department for assessment. The following comments and recommendations were received:
GENERAL COMMENTS
The extension of the existing open space at Council’s Reg Marlow Reserve is very welcome. The expansion of open space along Warrigal Road will provide a larger section of public open space with better access to a larger section of the proposed residential area and it will provide more opportunity to provide the community with a more diversified space. There has been some suggestion that the Reg Marlow Reserve should be relocated elsewhere on the site and replaced with dwellings. From a Planning Officer perspective, it is considered that it is a far better outcome to enlarge and improve the existing Reg Marlow Reserve than to create a new reserve elsewhere on the site. This is a view shared with other departments of Council involved in this application from a referral perspective.
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Many of the tree species substitutions suggested in our previous correspondence have been made.
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TREE SPECIES Secondary Street Trees & Small-Medium Evergreen Canopy Trees
The colour symbol used in the drawings to represent both of these categories is very difficult to distinguish. Tilia cordata ‘Green Spire’ remains on the Secondary Street Trees list. To reiterate our comments from 12 March, 2009, this species is not a suitable street tree. This species struggles in the sandy soil type typical in this area and it does not perform in drought/hot summer conditions. It is therefore advised that this specie be substituted for Melia azedarach ‘Elite’.
Mop-head Robinia is included in the Design Images section of Drawing TP01A. This species is not listed in any of the species lists. Similarly, this species is not recommended for street tree use.
FEATURE ENTRY TREES & MAIN BOULEVARD TREES
The recommended change to Ulmus parvifolia ‘Todd’ has been made. It is listed as Ulmus parviflora in the species list. Please note that the species name should read parvifolia.
OAK AVENUE STREET TREES
Drawing TP01A specifies that in-fill planting of Secondary Street Trees will be planted on existing Oak Avenue nature strips. Council already has a preferred species planted on Oak Avenue nature strips – Fraxinus ‘Raywood’ (Claret Ash). It is recommended that the drawings be altered to reflect this.
REG MARLOW RESERVE
While the extension of the existing open space at Reg Marlow Reserve is supported, it appears that some of the pedestrian paths, park furniture, park tree planting and overall connection between the proposed development and Reg Marlow Reserve have been lost. Drawings TP01A and TP03A, note that Council will be responsible for the ramps, fencing gates and future path systems at Reg Marlow Reserve.
This then raises the following questions:
§ Will a park integration plan be prepared that demonstrates the integration of Reg Marlow Reserve with the development? § Who will be responsible for funding these works? § Why have so many bicycle racks been proposed at the entrances to Reg Marlow Reserve?
Given the change in park access design and the importance that Reg Marlow Reserve will play in fulfilling the open space needs of existing and future residents, a park integration landscape plan is essential to meet the following objectives:
§ Pedestrian access in the park to cater for playground access, and through access to Warrigal Road;
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§ Provision for Car parking on East Way; § Public lighting details; § Reg Marlow Reserve playground has been identified as a destination playground for children with autism because of its fenced/gated perimeter. Details as to how the integrity of the reserve will be maintained on the East Way perimeter are required; and § Consideration should be given to improving existing facilities such as the playground and the provision of additional park amenities such as a barbecue or park shelter/rotunda.
Council’s Vegetation Management Officer has assessed the proposed plans (i.e. the revised version) and has no objection with the proposal, subject to the inclusion of a Tree Management Plan condition, on any permit issued. Further comments included that WSUD principles should be used throughout the site top direct water runoff into street tree planting areas and passive landscape areas. Further, permeable surfaces should be used to reduce water runoff from the site.
In response to the above discussion, it is advised that suitable conditions should be included on any permit issued, to address the concerns presented above.
13.6 Environmental Matters & Site Contamination
The Permit Applicant has advised that a Certificate of Environmental Audit (CoEA) was issued for the subject site on 3 December 2007. The CoEA was issued by Mr Phil Sinclair of Coffey Environments. Mr Sinclair was the Environmental Auditor appointed pursuant to the Environmental Protection Act 1970.
Further to the above, the Applicant states that the findings of the CoEA verify that the subject land has been appropriately remediated and is now suitable for residential use and development. Additionally, the Audit specifies that the site is not limited by any management, remediation of other limitations associated with its former contamination.
It should be noted that a copy of the Certificate of Environmental Audit was submitted with the application, to verify this information and should be required by way of a condition on any permit issued, for consent and endorsement purposes.
13.7 Waste Collection
A detailed report, prepared by Leigh Designs, accompanied the application, which detailed rubbish collection for the development. The report proposes Municipal Waste Collection, whereby residents will transfer their bins to either Oak Avenue (dwelling Nos. 1 – 19) or within the internal access ways to nominated bin collection points. These areas are highlighted on the plans for the intended kerbside collection by Council.
The Permit Applicant has indicated that the road layout has been designed to accommodate an 8.8 metre Council garbage vehicle, with appropriate swept paths with no requirement for reversing.
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14 RESPONSE AGAINST GROUNDS OF OBJECTIONS
14.1 Traffic concerns
It is submitted that extensive discussion and justification has been provided in sections 12.3 - Particular Provisions (Clause 52.06: Car Parking and 52.29: Access to a Road Zone Category 1) and 12.6 – Traffic, Access & Parking of this report, which demonstrate support for the proposed development, subject to a number of recommended permit conditions on any permit issued.
Within the objections received and the views presented at the preliminary conference meeting, concern has been raised with regard to a number of traffic related matters. Specifically, these relate to the following:
1. ADDITIONAL VOLUME OF TRAFFIC ALONG OAK AVENUE, AND,
2. ACCESS ARRANGEMENTS
One of the main points of concern expressed by a number of the objectors relates to the two (2), two-way, crossovers proposed from the development site to Oak Avenue and the foreseen increase in traffic movements that will result along Oak Avenue. Objectors outlined at the preliminary conference meeting that Oak Avenue is already impeded due to four (4) traffic calming speed humps that have been installed along Oak Avenue, allowing only one (1) vehicle to pass at a time. Objectors also expressed concern that a significant amount of traffic currently uses Oak Avenue and frequently vehicles queue at the end of Oak Avenue, in order to make a left-hand turn into Nepean Highway.
As such, a large number of the objectors feel that there is no capacity for Oak Avenue to absorb the additional volume of traffic proposed by way of the development without regular users of Oak Avenue to experience serious congestion issues.
A number of the objectors also outlined that they do not object to the development in principle, however as the development makes no provision for vehicle access to Warrigal Road, the objector’s believe that Oak Avenue will experience an unreasonable and unmanageable increase in traffic. Accordingly, it was requested at the preliminary conference meeting that further discussions be had with VicRoads to ascertain whether they would revise their position and, ultimately, support some form of new access from the subject land to Warrigal Road.
The following comments can be made in response to the objector’s concerns:
§ First and foremost, it must be acknowledged that both Nepean Highway and Warrigal Road are both primary arterial roads that are governed by VicRoads, under State Government jurisdiction. VicRoads are, therefore, the overriding and administrative body for assessing and allowing any form of new or altered access proposed along either of these roads.
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§ At the request of third parties in this matter, further consultation has taken place (following the preliminary conference meeting) by both Council and the Permit Applicant. Vic Roads has revisited the matter and reaffirms their position (on 7 July 2009 and since) that it will not support any access/egress to/from Warrigal Road.
§ Both Council’s Traffic Engineer and the Permit Applicant’s Traffic Engineer believe that Oak Avenue, albeit a local road, is designed in such a way that it can comfortably accommodate the additional amount of traffic envisaged to be generated by the subject development.
§ It should be noted that the number of additional vehicle movements proposed from the subject land as a consequence of the development can be considered negligible when compared with a commercial, retail or other form of non-residential use for the subject land.
§ In response to the later ground of objection and as explained above, given that VicRoads are not supportive of a new accessway to Warrigal Road, both the Permit Applicant and Council are unable to consider such an arrangement. Therefore, the plans which are currently before Council, that demonstrate access only to/from Oak Avenue, are those for consideration and those only.
14.2 Neighbourhood character / Visual Bulk along Oak Avenue
The purpose of the Residential 1 Zone, planning policies and the various objectives at Clause 55 require development be designed in a manner that is respectful of neighbourhood character. This concept of ‘respecting’ neighbourhood character is something that has been discussed and debated before the Tribunal, and in the decision Iloray Pty Ltd v Darebin CC and Ors [2003] VCAT 692, the Member at Paragraph 53 stated the following:
‘…In considering this issue, the first point to be made is that the notion of development which is ‘respectful’ of neighbourhood character does not imply that such development must be the same as what already exists. If policy, the purpose of the zone and the objectives of clause 55 were calling for the development that is more of the same, then they would say so. Rather, the notion of ‘respectful’ development must embrace the need for change and diversity in the type of dwellings that are provided and an increase in the intensity of development in circumstances where this is encouraged by planning policy and the purpose of the zone’
The rezoning of areas identified for incremental change to a Residential 3 Zone reinforces the statement above and provides clear direction that the Residential 1 Zone is an area where Council has consciously decided that new medium density (comprising of a variety of housing types and layouts) should be promoted. This is demonstrated in the housing/unit stock currently emerging in the immediate area, which takes the form of more intense development, either in conventional redevelopment (one in from of the other) or semi-detached arrangements.
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Further to the above, the site is located with the ‘residential opportunity site’ as set out at Clause 21 and Clause 22 of the Scheme. In this area, a greater level of change is encouraged. This is reaffirmed in the VCAT case of Pace Development Group Pty Ltd v Kingston CC [2007] VCAT 1869 (11 October 2007)
The above VCAT appeal related to Planning Permit Application KP849/06, for a 57- apartment style retirement village refused by Council. The following comments are noted from the sitting Member, Peter O’Leary:
‘…..We do not agree with Mr Soding that there are no exceptional circumstances that warrant an intensive redevelopment of the subject site…..…. Indeed, given the size and location of the subject site, we consider that the Council could perhaps have identified it as a “Large Residential Opportunity Site” on the Clause 21.05 Residential Land Use Framework Plan… (Paragraph 46)
‘…Furthermore, the subject site is not within the residential “hinterland”. Rather, it abuts an arterial road, is opposite extensive parklands and there are other non-residential uses in the vicinity, such as the bowling club and the RSL club. In that respect, we agree with Ms Heggen’s description of the site as occupying:
...a transitional location between the main residential area of Edithvale to the north and west and the recreational open space areas to the south and east and the extensive wetlands area further east between Edithvale and Chelsea Heights’ Paragraph 47).
The above quote from the sitting Member gives a strategic direction that opposes the current Council classification of ‘Incremental Change’, which aims to retain the low scale building form of the area. The location of the site at the edge of a residential subdivision, on a main road and adjoining large areas of public open space to the south suggests that it is an ideal site for a form of development that deviates from the norm.
It was for these reasons that the sitting Member concluded that:
‘…..the strategic context warrants a departure from the prevailing form and intensity of the nearby residential area. In other words, there is no imperative that redevelopment of the subject site should be restricted to a built form or intensity that matches that of the neighbourhood to the west and north…(Paragrapgh 66)
As such, one must expect a level of change with the Residential 1 Zone, both intensity and design presentation that will evolve the character of the area. It is submitted that the intensity of this development is appropriate and consistent with that outlined above.
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14.3 Overdevelopment
The proposal has a site coverage total of 41 %, which meets both the objective and standard (maximum 60%) of Clause 55.03-3 of the Kingston Planning Scheme. The objective of this Clause requires site coverage to respect the existing or preferred neighbourhood character and respond to the features of the site. With regard to this, although a contemporary form of housing is sought by this application, it is considered that the proposed development is responsive and respectful of the existing and preferred neighbourhood character of the area and, furthermore, is responsive to the conditions of the site.
It is considered that the question of overdevelopment cannot be answered or manifested simply by looking at site coverage and building size alone. Overdevelopment is usually characterised by not meeting a majority of the assessment criteria of Clause 55 of the Kingston Planning Scheme (ResCode), which in this instance, is clearly not apparent. As demonstrated within section 12.3 of this report under the heading ‘Clause 55’, the proposed development does not raise any major concerns or critical areas of non-compliance with the provisions (standards and objective) for medium density development.
It is therefore considered that the proposal evidently does not exhibit any of the usual indicators of overdevelopment, these including: unreasonable overshadowing, unreasonable overlooking, insufficient private open space or insufficient car parking.
14.4 Vegetation removal and loss of wildlife
It is submitted that extensive discussion and justification has been provided in section 13.5 Public Open Space Areas, Vegetation & Pedestrian Access of this report, which demonstrates support for the proposed development, subject to a number of recommended permit conditions on any permit issued.
Importantly, an arboricultural assessment and report, prepared by Treelogic, accompanied the application upon lodgement. The findings of this report and also that of Council’s Vegetation Management Officer are that there are a number of trees located on the site that are of high or moderate retention value. All trees are either semi-mature or maturing, which clearly verifies that there is no remnant vegetation on the land. As specified earlier within this report, the removal of vegetation from the subject land is exempt from planning approval, pursuant to Clause 52.17-6 of the Kingston Planning Scheme.
Notwithstanding the above information, a total of fifteen (15) semi mature trees are proposed to be retained on the subject site. It should be noted although not all trees are able to be retained on the subject site; those that are proposed to be retained have essentially been catered for to ensure proper tree protection measures can be put in place during time of construction and that these trees can fit within the spatial needs of their proposed built environment.
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As highlighted earlier, Council’s Vegetation Management Officer has assessed the proposed landscape plans (i.e. the revised version) and has no objection with the proposal, subject to the inclusion of a Tree Management Plan condition, on any permit issued.
15. CONCLUSION:
15.1 For reasons discussed within this report, it is submitted that the proposal be supported subject to the adoption of the recommended permit conditions to ensure that the proposed development achieves a high quality design, achieves good internal amenity as well as responding appropriately to the site and its immediate interfaces.
15.2 The basis of this recommendation to support the proposed development is evidenced by: · The design and siting of the proposed development to be compatible with the surrounding area; · Suitability of the site for medium density residential development having regard to the policy context and planning provisions; · Acceptability of the built form of the proposed development; · Consideration of any external amenity impacts; · Adequacy of internal amenity; · Consideration of the provision of car parking and traffic related matters; and · The proposal satisfies the requirements of the Kingston Planning Scheme, including the State and Local Planning Policy Framework, Residential 1 Zone, the relevant Overlay Controls, the relevant Particular Provisions and Clause 65 – Decision Guidelines (subject to appropriate conditions).
15.3 On balance and subject to the inclusion of suitable conditions, the proposal is considered reasonable and warrants support.
16 RECOMMENDATION:
That a Notice of Decision to Grant a Permit for the development of this site for one-hundred and nineteen (119) dwellings, to construct buildings and works within a Design and Development Overlay 14 and to alter access to a Road Zone Category 1 within land subject to a Special Building Overlay be issued, subject 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 26th May, 2009, but modified to show: a. the provision of an improved landscape plan and associated planting schedule for the site showing the proposed location, species type, mature height and width, pot sizes and number of species be planted on the site, with such plans to be prepared by a suitably qualified landscape professional and incorporating:
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i. distinct / clear colour variation between Secondary Street Tree and Small- Medium Evergreen Canopy Trees; ii. Tilia cordata ‘Green Spire’ replaced with Melia azedarach ‘Elite’ on the Secondary Street Tree list; iii. Mop-head Robinia substituted in the Design Images section of Drawing TP01A, with an appropriate replacement specie; iv. Ulmus parvifolia ‘Todd’ correctly labelled; and v. Fraxinus ‘Raywood’ (Claret Ash) nominated as the preferred species to be planted along the Oak Avenue naturestrip (ref: Drawing TP01A).
b. all requirements of Melbourne Water, in accordance with Condition 5 of this permit. c. any requirements of VicRoads. d. all corner dwellings (i.e. dwelling numbers 13, 14, 19, 20, 27 and 28) provided with greater articulation along their secondary facades, to create a sense of entry to the site and provide interest; e. the façade of Dwelling 33 that faces Reg Marlow Reserve provided with greater articulation to improve this dwelling’s presentation; f. the provision for a pedestrian access along Middle Lane, between Centre Way and East Way; g. a reduction of half the number of bicycle racks provided near the entrance to Reg Marlow Reserve; h. all fencing located along the site’s Oak Avenue frontage reduced to a maximum height of 1.5 metres and provided with suitable screen type landscaping behind the fence, to afford the front private open space areas to these dwellings some privacy; i. an elevation plan of the front fencing in accordance with Condition 1.h. of this permit, which provides details of its height, materials and colours; j. an elevation plan of all fencing to Reg Marlow Reserve, including details of gate(s), height, materials and colours; k. a notation on the respective site plan(s) stating: “The redundant vehicle crossing to Warrigal Road must be removed, kerb & channel must be reinstated and the extension to the existing footpath up to the wing of the vehicle crossing must be constructed to the satisfaction of the Responsible Authority”; l. the surface material of all driveways / accessways and car parking spaces nominated in all-weather coloured concrete sealcoat, or similar; and m. 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; and n. notations on elevations which confirm that, where external render is applied to a polystyrene substrate at first floor level, it will be a 10mm hi-fibre rendered finish with embedded mesh;
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o. notation on elevations which confirm that, any ground floor walls with a rendered finish, the substrate will be of masonry construction; p. notations on plans and elevation drawings which confirm that all internal party walls will be constructed from a masonry or concrete material for the full height of the party wall; q. notations on the elevations which restrict the use of Villaboard cladding to the first floor level; r. notations on plans which confirm feature picket fencing will be constructed from a composite timber wood product, spaced at a minimum 25% transparency; s. notations on plans and elevations which confirm that where an air-conditioning unit is located on a roof space, if visible from the street, it will be appropriately screened. 2. The development as shown on the endorsed plans must not be altered without the prior written consent of the Responsible Authority. 3. Condition required by Melbourne Water a) Prior to the issue of Certification of Occupancy, 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 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) All finished floor levels are to be a minimum of 300mm and Garage finished floor levels to be a minimum of 150mm above the 1 in 100 year flood level associated with an existing or proposed Melbourne Water asset. The developer will be required to enter into a S.173 Agreement with Council and Melbourne Water to ensure minimum floor levels are attained. d) Engineering plans of the subdivision (in electronic format) are to be forwarded to Melbourne Water for comment / approval. e) A Certified Survey Plan is to be submitted for approval after the completion of filling, verifying that the specified fill levels have been achieved. This will be required prior to an issue of a Statement of Compliance for the Subdivision. f) Any roads or access way intended to act as a stormwater overland flow path must be designed and constructed to comply with the floodway safety criteria outlined with Melbourne Water’s Land Development Manual. 4. Conditions required by the Department of Transport (awaiting a response) – if they require conditions, please include in Condition 1 as per Melbourne Water. 5. Prior to the commencement of the use and development hereby permitted, the owner of the land must enter into an executive agreement with the Responsible Authority pursuant to Section 173 of the Planning and Environment Act 1987 to the satisfaction of the Responsible Authority in which it shall be covenanted as follows:
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a) Pursuant to the provisions of Section 181 of the Planning and Environment Act 1987 this agreement shall be registered with the Registrar of Titles and shall run with the land;
b) That the requirements contained in the agreement shall form part of any lease of the premises which the owner of the land under this permit may enter into with another party; and
c) The owner of the land under the permit shall pay the legal costs and be responsible for the preparation and registration of the said agreement
The Section 173 agreement must specifically provide for the following:
a) Assurance that minimum finished floor levels will be attained in accordance with Melbourne Water requirements and Condition 3.c. of this permit; b) The implementation and maintenance responsibilities of all required works to be provided for internal road networks, traffic management and signage plan; c) A detailed maintenance schedule outlining the responsibilities of the parties (i.e. ‘who is going to maintain what’) in relation, but not limited, to the ongoing maintenance of Reg Marlow Reserve and associated equipment, fencing, gate(s) lighting, and the like, landscaping and street lighting within the development, the internal road network, visitor car parking, the ground floor car parking area etc; and d) The protection and retention of all existing trees to be retained.
6. Prior to the commencement of the development hereby permitted, a Tree Management Plan (TMP) for the trees to be retained on site, to the satisfaction of the Responsible Authority, must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed as evidence of its approval and will then form part of the permit and shall thereafter be complied with. The TMP must be prescriptive with no use of ambiguous language (eg. “must” instead of “should”) and must include, but is not limited, to the following: a) Initial clean up surrounding trees to be retained; b) Tree Protection Zones; c) Tree Protection Fencing required; d) Service Installation; e) Surface Treatments proposed and alternatives such as permeable surfaces; f) Pruning requirements (specific); g) Long Term Management of the trees; h) Reporting of tree condition and auditing of tree protection measures during the development process (including timing of inspections);
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i) Impact of proposed level changes surrounding trees to be retained, including proposed retaining walls; j) Alternatives to design to create a better environment for the tree to be retained; k) Cultural methods including mulching, watering etc. etc. to be used to protect the trees throughout construction; and l) How WSUD principles can be applied around trees to be retained to ensure water runoff can be directed towards the trees. 7. Prior to the commencement of the development hereby permitted, a Park Integration Plan (PIP) that demonstrates the integration of Reg Marlow Reserve with the development, to the satisfaction of the Responsible Authority, must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed as evidence of its approval and will then form part of the permit and shall thereafter be complied with. The PIP must include, but is not limited, to the following:
a) Pedestrian access in the park to cater for playground access, and through access to Warrigal Road; b) Provision for Car parking on East Way; c) Public lighting details; d) Details as to how the integrity of the reserve will be maintained on the East Way perimeter given that Reg Marlow Reserve playground has been identified as a destination playground for children with autism due to its fenced/gated perimeter; and e) Consideration should be given to improving existing facilities such as the playground and the provision of additional park amenities such as a barbecue or park shelter/rotunda.
8. 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. When approved, the plan will be endorsed as evidence of its approval and will then form part of the permit and shall thereafter be complied with. The CMP must specify and deal with, but not limited to, the following:
a) a detailed schedule of works which includes full project timing; b) traffic management details including when or whether any access points would be required to be blocked; c) the location for the parking of all construction vehicles and construction worker vehicles during construction; d) delivery of materials including details of where materials will be stored and how concrete pours would be managed e) proposed traffic management signage for Oak Avenue (if required) indicating any inconvenience generated by construction; f) fully detailed plan indicating where construction hoardings would be located and as relevant the associated approvals required; g) times for loading/unloading of materials;
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h) containment of waste on site; i) suppression of dust management; j) business operations on the site during construction; k) site security; l) public safety measures; and m) construction times, noise and vibration controls.
9. 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 as evidence of its approval and will then form part of the permit and thereafter be complied with. The WMP must include but is not limited to:
a) The supply of bins for both ‘general waste’ and ‘recyclable waste’ and demonstrating how the garbage and recycling aspects of the development will operate;
b) The manner in which waste will be stored and collected including: type, size, number of containers and procedure(s) put in place as to how tenants are required to dispose of waste;
c) Spatial provision for on-site storage;
d) Private contractor details; and
e) 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. 10. Prior to the endorsement of the Plans required pursuant to Condition 1 of this permit, the provision of an ESD report to be prepared by a suitably qualified professional must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed as evidence of its approval 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, daylighting, collective rainwater tanks as opposed to individual rainwater tanks, public and private landscape irrigation and car washing, energy efficient concepts, glazing and internal ventilation.
11. Prior to the occupation of 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. 12. Prior to the occupation of 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.
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13. The development of the site must be provided with stormwater works which incorporate 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 bioretention system, rainwater tanks connected for reuse and a detention system.
14. 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 an impact (e.g. trees to be retained, crossings, services, fences, abutting buildings, existing boundary surface levels, etc.).
15. Stormwater works must be provided on the site so as to prevent overflows onto adjacent properties.
16. Stormwater outflow from the development to the Council drainage system should not exceed the predevelopment outflow of the site.
17. Environmental Assessment (a) Prior to commencement of the development the owner must supply a preliminary site assessment of the site in accordance with the National Environment Protection Measures (Assessment of Site Contamination) 1999 and a report detailing the findings of the preliminary site assessment must be submitted to the Responsible Authority: or (b) Prior to the use or development authorised by this permit the applicant must submit a Soil Management Plan (SMP) to the responsible authority. When approved, the SMP will form part of this permit and the actions required by the SMP must be implemented to the satisfaction of the Responsible Authority. Which ever is to the satisfaction of the Responsible Authority. (c) If the site assessment identifies contamination of the land identified in (a) or (b) above, an environmental audit report must be produced in accordance with Section 53X of the Environmental Protection Act or alternatively a Certificate of Environment Audit produced in accordance with Section 53Y of the Environment Protection Act must be to the satisfaction of the Responsible Authority. (d) Soil validation testing must take place during any excavation works to determine whether soil is unreasonably contaminated for the proposed residential uses noting that residential development is to be erected on the first and second floors. If site contamination is detected, the results of the soil testing must be forwarded to the Responsible Authority and the EPA within 7 days of receipt of the soil validation testing 18. Prior to the occupation of any part of the development approved under this Planning Permit, or prior to the issue of a Statement of Compliance for the subdivision of the
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subject site, the applicant / owner of the land must either, construct all footpaths and garden beds located along the Oak Avenue and Warrigal Road frontages of the site in accordance with the plans submitted to and approved by the Responsible Authority at the developer's cost (including paving), or pay an agreed amount of money to the Responsible Authority towards the construction of all footpaths and garden beds located along Oak Avenue and Warrigal Road frontages of the site. The amount payable towards this construction must be determined in consultation with the Responsible Authority. 19. Prior to the occupation of 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.
20. 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.
21. Prior to the occupation of 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 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 piping and ducting above the ground floor storey of the development (other than rainwater guttering and downpipes) must be concealed to the satisfaction of the Responsible Authority. 24. Finished Floor Levels shown on the endorsed plans must not be altered or modified without the prior written consent of the Responsible Authority 25. The alteration of ground levels involving an increased or decreased level at the boundaries must be retained by the provision of an adequate retaining wall, constructed of brick or masonry or other suitable alternative approved by the Responsible Authority and/or a relevant Building Surveyor to buttress the soil against the possibility of shift. The construction of this retaining wall shall be the sole responsibility of the developer and completed to the satisfaction of the Responsible Authority and/or a relevant Building Surveyor.
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26. All excavation and/or filling on the site must be to Melbourne Water’s requirements and to the satisfaction of the Responsible Authority. 27. All external surfaces of the building elevations must be finished in accordance with the schedule on the endorsed plans and maintained in good condition to the satisfaction of the Responsible Authority. 28. Construction on the site shall be restricted to the following times:
Monday to Friday 7:00am to 7:00pm; Saturday 9:00am to 6:00pm; and Sunday & public holidays no construction permitted.
Or otherwise as approved by the Responsible Authority in writing.
29. Before the occupation of any dwelling hereby permitted, roadworks and/or drainage as relevant and associated works must be provided in accordance with plans and specifications approved by Council and must include details of :- (i) Amenity Control During Construction; (ii) Road Pavement Design/Makeup; (iii) Drainage System Design/Layout; (iv) Traffic Management/Signage/Linemarking; (v) Footpaths; (vi) Cycle/Pedestrian Paths/Signing; (vii) Kerb and Channel; (viii) Road Widening on Existing Access Roads Acceleration/Deceleration Lanes; (viiii) Tree Planting: Tree Reserves; (x) Fencing on Tree Reserves; (xi) Permanent Survey Marks/Numbered/Levelled; (xii) Service Conduit Plan; (xiii) Metcon Marking/Signing; (xiiii) Street Signs; (xv) Street Trees provision or payment; (xvi) Fencing for Municipal Reserves; (xvii) Municipal Reserves (Standard of Construction); (xviii) Vehicle Crossings; (xviiii) Filling of Land/Placement/Material; (xx) Service Road - Provision/Construction; (xxi) Street Lighting; (xxii) Water Tapping location to provided on all Municipal Reserves).
30. The owner if the land must provide a total of four percent (4%) of all the land subject to this application provided in the form of land abutting the existing Reg Marlow Reserve to be used for the purpose of public open space as shown on the submitted plans. In addition, the applicant must also provide a one percent (1%) monetary public open space contribution to be calculated as one percent (1%) of the site value of all the land subject to the application pursuant to Section 18 of the Subdivision Act 1988. This payment must be made within 12 months of the date of this permit. In the event that this payment is not made within 12 months of the date of this permit, Council will
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request a revaluation of the site value at each anniversary and will vary the amount of the payment accordingly. 31. 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. 32. Once the development has started it must be continued and completed to the satisfaction of the Responsible Authority. 33 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 156467. 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: Check that the major flow of the development is contained within the road reserve (no overflow to the abutting properties or flooding garages).
In the event that Council wish to oppose the application, it can do so on the following grounds: 1. The proposal would detrimentally affect the amenity of the neighbourhood; and 2. The traffic generated by the proposal would aggravate an existing traffic problem in the locality.
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L 124 KP76/09 9 Gipps Street, Mordialloc
APPLICANT: The Silver Arc ADDRESS OF LAND: No. 9 (Lot 64 PS006188) Gipps Avenue, Mordialloc MELWAY REF: 92 G1 PROPOSAL Four (4) Dwellings CONTACT OFFICER: Sebastian Lorenzo FILE NO: KP76/09 ZONING: Residential 3 KINGSTON State Planning Policy Framework PLANNING SCHEME Clause 12.00: Metropolitan Development ORDINANCE Clause 14.01: Planning for Urban Settlement CONTROLS: Clause 16.02: Housing – Medium Density Housing
Local Planning Policy Framework Clause 21.05 MSS – Residential Land Use Clause 22.11: Residential Development Policy Clause 32.06: Residential 3 Zone & Schedule Clause 44.04: Land Subject to Inundation Overlay Clause 55: Two or More Dwellings on a Lot Clause 65: Decision Guidelines RESIDENTIAL Incremental Change Area POLICY AREA: NEIGHBOURHOOD Area 27 CHARACTER AREA: DECISION BY: 19th July, 2009 NETT DAYS: 96 days CONSIDERED PLAN 30th April, 2009 REFERENCES/DATE RECEIVED
EXISTING CONDITIONS:
The subject site is located on the north side of Gipps Avenue, Mordialloc. The site has a frontage of 20.11 metres to Gipps Avenue, a maximum depth of 60.96 metres and an overall area of approximately 1227m2.
The subject site currently contains a single storey, weatherboard dwelling, with an associated garage and shed located towards the rear of the site. Access to the site is via a single width crossover located east side of the Gipps Avenue property frontage. There are a number of trees located towards the rear of the site which are proposed to be removed should the development proceed. None of these trees are considered to be significant. There is a large tree located within the front setback area of the site which is proposed to be retained.
PROPOSAL IN DETAIL:
It is proposed to demolish the existing dwelling and construct four (4) dwellings on the site, comprising of one (1) conventional double storey dwelling located at the front of the site, two
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(2) attic style dwellings located within the middle section of the site and one (1) single storey dwelling located at the rear of the site.
The key elements of the proposal are as follows:
Dwelling Ground & First Private Open Space (m²) No. of Car Parking Floor Area Bedrooms Spaces (excluding garage / veranda) m² 1 95m² & 45m² 175m² 3 + Study 2 2 96m² & 31.5m² 62m² 3 2 3 96m² & 31.5m² 62m² 3 2 4 118m² 67m² 3 2
The proposal would result in a site coverage of 37.8% and a minimum site permeability of 20%.
TITLE DETAILS:
The applicant has completed a restrictive covenant declaration form declaring that there is a restrictive covenant on the title but that the application proposed does not breach this covenant. This has been assessed and it is agreed that the covenant is not breached for the following reasons:
· The covenant states that no earth, clay, stone or gravel can be excavated, carried away or removed from the land except for the purpose of constructing foundations of any building to be erected on the land.
SITE HISTORY:
There is no relevant planning history relating to this site
AMENDMENT TO THE APPLICATION BEFORE NOTIFICATION:
Amendments to the application were made by the applicant on 16th March, 2009. The amendments were largely made in response to Council further information letter dated 6th March, 2009.
Council decided to approve the amendments.
ADVERTISING:
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. Three (3) objections were received, the grounds of which can be summarised as follows:
· Overdevelopment.
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· Visual Bulk and Mass; · Drainage & Floording; · Privacy Concerns; and · Car Parking and traffic concerns.
PRELIMINARY CONFERENCE:
A Preliminary Conference was held on 2nd June, 2009, where the abovementioned concerns were discussed. A number of suggestions were proposed with regard to privacy concerns, some of which could be included as conditions on any permit issued. These include;
· the north facing bedroom 1 window of dwelling 4 relocated to the south facing wall of this bedroom; · the north facing bedroom 3 window of dwelling 4 provided with a minimum sill height of 1.7 metres above finished floor level; and · the provision of a 400mm boxed lattice fence extension attached securely to the top of the site’s north (rear) property boundary fence for its entirety.
It is noted that the applicant agreed that should a permit be issued, conditions requiring the applicant to amend the plans in accordance with the abovementioned points would be acceptable.
It is noted that there was no resolution with regard to the remaining issues / concerns was not made. No objections were withdrawn as a result of the preliminary conference.
AMENDMENT TO THE APPLICATION AFTER NOTIFICATION:
The application was amended from a six (6) dwelling development to a four (4) dwelling development on 30th April, 2009. The amendments were largely made in response to discussions between the applicant and Council officers.
Council received and accepted the amendments.
The application was re-advertised to adjoining property owners and all current objectors. One (1) new objection and one (1) further objection to the proposed development were received. The main grounds of objection can be summarised as follows:
· Overdevelopment. · Visual Bulk and Mass; · Privacy Concerns; and · Car Parking and traffic concerns.
PLANNING SCHEME PROVISIONS
A planning permit is required to develop land for two dwellings, pursuant to Clause 32.06-4 of the Kingston Planning Scheme (the Scheme). In addition, according to ResCode at Clause 55 and the decision guidelines at Clause 65 of the Scheme, Council must consider the State Planning Policy Framework (Clause 16) and the Local Planning Policy Framework (LPPF), including the Municipal Strategic Statement of the Scheme.
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OTHER
The land is located in an ‘Incremental Change Area’ as identified by the Residential Land Use Framework Plan that forms part of the Municipal Strategic Statement.
REFERRALS:
The application was referred to the following external authorities pursuant to Section 55 of the Planning and Environment Act. Where appropriate amended applications under Section 50, S50A and S57C have been re-referred. The referral response below relates to the current/amended application only:
· Melbourne Water
Melbourne Water advised of no objection to the proposal, subject to the inclusion of specific conditions being placed on any permit issued.
The application was referred to the following internal departments within Council (where appropriate amended applications have been re-referred):
· Council’s Development Engineer who advised of no objection to the proposal, subject to the inclusion of a number of conditions on any permit issued. · Council’s Vegetation Management Officer who advised of no objection to the proposed vegetation removal or landscape plan provided as part of the application.
RELEVANT POLICIES:
State Planning Policy Framework (SPPF)
Clause 12 (Metropolitan Development) Clause 14 (Settlement) Clause 16 (Housing) Clause 19 (Particular Uses and Development)
Local Planning Policy Framework (LPPF)
Clause 21.05 (Residential Land Use)
Zoning
The site is located in the following Zone:
Clause 32.06 (Residential 3 Zone)
Overlays
Clause 44.04: Land Subject to Inundation Overlay
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Particular Provisions
Clause 55 (Two or More Dwellings on a Lot & Residential Buildings)
General Provisions
Clause 65 (Decision Guidelines)
Other
Neighbourhood Character Area Guidelines (Incorporated Document). The land is located within Area 17 of the Neighbourhood Character Guidelines. The proposal is generally in accordance with the applicable character profile. Any areas of non-compliance are discussed in the following sections of this report.
PLANNING CONSIDERATIONS:
Land-use Issues
Clause 22.11 - Residential Development Policy
It is considered that the proposed development generally complies and satisfies the State and Local Planning Policy Framework guidelines which aim to encourage well-designed medium density housing in appropriate locations.
Clause 22.11 of the Kingston Planning Scheme encourages single dwellings or dual occupancy style developments on ‘average sized lots’ within areas designated for Incremental Housing Change. The average lot size within this area (Area 4) has been calculated to be 694m2, which results in a suggested development density of 1 dwelling per 347.45m2. As the site has an overall site area of approximately 1227m2 the development density would be calculated at 1 dwelling per 306.75m2. However, it is considered that the development proposes an appropriate number of dwellings on this site as demonstrated by its overall compliance with ResCode and the Schedule to the Residential 3 Zone requirements.
Clause 22.11 - Residential Development Policy The proposal has been assessed against the objectives and policy of the Residential Development Policy. It is considered that the proposal is generally in accordance with these requirements.
Clause 32.06: Residential 3 Zone
The purpose of the Residential 3 Zone includes the provision of residential development at a range of densities with a variety of dwellings to meet the housing needs of all households. A planning permit is required for the development of 2 or more dwellings.
Schedule It is considered the proposal adequately satisfies the requirements of the schedule to the Residential 3 Zone.
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Clause 44.04: Land Subject to Inundation
The purpose of this overlay control is to:
· Implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. · To identify land in a flood storage or flood fringe area affected by the 1 in 100 year flood or any other area determined by the floodplain management authority. · To ensure that development maintains the free passage and temporary storage of floodwaters, minimises flood damage, is compatible with the flood hazard and local drainage conditions and will not cause any significant rise in flood level or flow velocity. · To reflect any declaration under Division 4 of Part 10 of the Water Act, 1989 where a declaration has been made. · To protect water quality in accordance with the provisions of relevant State Environment Protection Policies, particularly in accordance with Clauses 33 and 35 of the State Environment Protection Policy (Waters of Victoria).
Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate:
· The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. · Any local floodplain development plan. · Any comments from the relevant floodplain management authority. · The existing use and development of the land. · Whether the proposed use or development could be located on flood-free land or land with a lesser flood hazard outside this overlay. · The susceptibility of the development to flooding and flood damage. · The potential flood risk to life, health and safety associated with the development. · Flood risk factors to consider include: o The frequency, duration, extent, depth and velocity of flooding of the site and accessway. o The flood warning time available. o The danger to the occupants of the development, other floodplain residents and emergency personnel if the site or accessway is flooded. · The effect of the development on redirecting or obstructing floodwater, stormwater or drainage water and the effect of the development on reducing flood storage and increasing flood levels and flow velocities. · The effect of the development on environmental values such as natural habitat, stream stability, erosion, water quality and sites of scientific significance.
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As stated above, the application was referred to Melbourne water who have advised of no objection to the proposal subject to the inclusion of suitable conditions being placed on any permit issued.
Clause 55: ResCode
The proposal has been assessed against the objectives and standards of Clause 55 (ResCode) of the Kingston Planning Scheme. It is considered that the proposal does not fully comply with some of the requirements of ResCode. The following assessment outlines the main areas of non-compliance:
Clause 55.02 - Neighbourhood Character & Infrastructure
Standard B13 Landscaping – The application was referred to Council’s Vegetation Management Officers who advised of no objection to the proposal, subject to the inclusion of specific tree protection conditions for the tree to be retained at the front of the site being placed on any permit issued.
Clause 55.04 - Amenity Impacts :
Standard B22 Overlooking – It is considered that, given the required ground floor finished floor level of the dwellings due to Melbourne Water requirements, there is potential for overlooking from several ground floor windows of all dwellings. None of these have been nominated as being screened in accordance with the requirements of this standard. It is considered that the only appropriate way to deal with this issue is to require new 2.2m high timber paling fences to the side and rear property boundaries, with these fences also provided with 500mm high boxed, lattice fence extensions, securely attached to the top of them. These fences will need to taper down to 1.2m in height at 3m from the frontage of the site. A suitable condition requiring dwelling 4’s bedroom 1 windows to be relocated to the front of the dwelling and its bedroom 3 window to be made into a highlight window is also required. It is also considered that the ensuite and robe windows of dwelling 2 and dwelling 3 should also be screened in accordance with this standard. These all can be required as conditions on any permit issued.
RESPONSE TO GROUNDS OF OBJECTION:
In response to the grounds of objection an assessment of the proposal confirms that:
· It is considered that the proposal is not an overdevelopment of the site which is illustrated by it general compliance with Clause 22.11 – Residential Development Policy – and Clause 55 – ResCode);
· The proposal does not exhibit an excessive amount of visual bulk and mass, particularly when viewed from adjoining properties;
· The proposed set backs of the development comply with the relevant standards of ResCode and are, in the main, considered appropriate. Furthermore, setbacks have mostly been provided in excess of the ResCode requirements; However, the rear set back of dwelling 4 is only 1m and contains larger rooms of this dwelling. This set
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back should be increased to 3m to provide greater separation between the dwelling on the land to the north/north-west and adequate light.
· The development provides for adequate landscaping opportunities throughout the site including the private open space, and shared access ways. This can be achieved by reducing the width of this dwelling by 1m and reducing the width oat Dwelling1, 2 and 3 by a total of 1m. Conditions on any permit issued can require this. Further, the retention of the existing tree within the front setback area of the site will further contribute to the development and is encouraged. Suitable conditions prepared by Council’s Vegetation Management Officers will be placed on any permit issued which will provide for adequate landscaping on site;
· The proposal should not result in undue impacts on the amenity of adjoining property owners or occupiers by way of overshadowing and / or overlooking (subject to the inclusion of suitable conditions). Any shadow from the development cast onto adjoining properties is considered to be minor in nature, with the existing fence shadow considered to be more prevalent than any shadow cast by the development itself;
· The proposal complies with the car parking requirements of standard B16 and the car parking proposed is considered appropriate; and
· Suitable drainage conditions have been provided by Council’s Development Approval Engineers with regard to stormwater retention and reuse on site and the future drainage of the site.
· The development should not result in an undue impact on residential amenity by way of loss of privacy (subject to the inclusion of suitable conditions). Any noise generated should be residential in nature and should not be unreasonable.
CONCLUSION:
The proposed development is considered appropriate for the site as evidenced by:
· The design and siting of the proposed development to be compatible with the surrounding area; · The proposal should not have a detrimental impact on surrounding properties (subject to appropriate conditions); and, · The proposal generally satisfies the requirements of the Kingston Planning Scheme, including the MSS, Residential Development Policy (inclusive of the Neighbourhood Character Area Guidelines and the Designing Contextual Housing Guidelines), Residential 3 zoning and the Schedule to the zone, Clause 55 – Two or more dwellings on a lot and Residential Buildings, and Clause 65 – Decision Guidelines (subject to appropriate conditions).
It is considered that the objectors’ concerns have been addressed where appropriate, and on balance and subject to the inclusion of suitable conditions, the proposal is considered reasonable and warrants support.
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RECOMMENDATION:
That Council resolve to issue a Notice of Decision to Grant a Permit for the development of this site for four (4) dwellings, subject 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 30th April, 2009, but modified to show: a. the provision of a landscape plan in accordance with the submitted development plan and the City of Kingston Landscape Plan Checklist, with such plans to be prepared by a suitably qualified landscape professional and incorporating: and i. an associated planting schedule showing the proposed location, species type, mature height and width, pot sizes and number of species to be planted on the site. The schedule must be shown on the plan; ii. the delineation of all garden beds, paving, grassed areas, retaining walls, fences and other landscape works including areas of cut and fill throughout the development; iii. all existing trees on the site and within three (3) metres to the boundary of the site on adjoining properties, accurately illustrated to represent actual canopy width and labelled with botanical name, height and whether the tree is proposed to be retained or removed; iv. a range of plant types from ground covers to large shrubs and trees; v. adequate planting densities (e.g.: plants with a mature width of 1 metre, planted at 1 metre intervals); vi. the provision of one (1) suitable medium sized (at maturity) canopy tree within the front setback of the property and one (1) small (at maturity) tree within the private open space area of each unit, with species chosen to be approved by the Responsible Authority; vii. sustainable lawn areas and plant species taking current water restrictions into consideration; viii. all trees provided at a minimum of two (2) metres in height at time of planting; ix. medium to large shrubs to be provided at a minimum pot size of 200mm; x. the provision of notes on the landscape plan regarding site preparation, including the removal of all weeds, proposed mulch, soil types and thickness, subsoil preparation and any specific maintenance requirements; xi. the provision of a notation of the Tree Protection Details as provided in Conditions 3, 4 and 5 of this permit. This includes all nominated tree protection zones to be drawn to scale on the plans
b. all requirements of Melbourne Water, in accordance with Condition 2 of this permit. c. all first floor main bedroom windows of dwelling 2 and dwelling 3 fitted with fixed obscure glazing to a height of 1.7m above the first floor finished floor level of these dwellings; d. the fence enclosing the private open space area of dwelling 1 set back in line with the front wall of this dwelling; 73. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
e. the provision of a 1.2m high, painted, timber picket fence, with a gate (s) surrounding and enclosing the front open space of dwelling 1; f. the provision of 450mm wide eaves to the ground floor roof line of dwelling 1 together with additional roof form around this level of the dwelling; g. the provision of new 2.2m high timer paling fences with 500mm high boxed lattice fence extensions attached securely to the top of them along the site’s side and rear property boundaries with the side fences to taper down to 1.2m at 3m from the frontage of the site; h. dwelling 4 set back 3m from the site’s north-west (rear) property boundary, with this dwelling reduced in width by 1m and Dwellings 1, 2 and 3 reduced in width by a total of 1m; i. the first floor bedroom 3 window of dwelling 1 nominated as a highlight window with a minimum sill height of 1.7m above the first floor level, directly below; j. the north-west facing bedroom 1 window of dwelling 4 relocated to the south elevation of this dwelling and the wardrobe relocated accordingly; k. the stairwell windows of dwellings 2 and 3 nominated as being fitted with fixed obscure glazing; l. the provision of greater separation between the driveway and tandem car parking spaces and all dwellings in the form of tapering landscape beds; m. the provision of a water tank for each dwelling; n. the surface material of all driveways/accessways and car parking spaces nominated in an all weather coloured concrete seal coat and o. the provision of key site levels, and finished floor levels for all dwellings, to the Australian Height Datum (AHD).
2. Conditions Required by Melbourne Water: Finished floor levels must be a minimum of 300mm above the applicable floor level; i) Prior to the issue of Occupancy Permits, a certified survey plan, showing finished floor levels (as constructed) reduced to Australian Height Datum, must be submitted to Melbourne Water to demonstrate that the floor levels have been constructed in accordance with Melbourne Water’s requirements; ii) Carports must be constructed with front and rear sides open and must remain open for the life of the structure; iii) The endorsed plans must show carports with front and rear sides open; iv) Decking must be constructed with finished surface levels 150mm above the applicable flood level; and v) No polluted and / sediment laden runoff is to be discharged directly into Melbourne Water’s Drains or Watercourses. 3. A Tree Protection Zone (TPZ) must be observed at a distance of the following: · Five (5) metres in a radius surrounding the Corymbia citriodora (Lemon Scented Gum) within the front setback.
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Prior to the commencement of the development herby permitted a Tree Protection Fence defined by a 1.2 metre (or larger) high temporary fence constructed using steel or timber posts fixed in the ground or to a concrete pad, with the fence’s side panels to be constructed of cyclone mesh wire or similar strong metal mesh or netting, must be erected around the Corymbia citriodora (Lemon Scented Gum) at the distance specified for the TPZ. 4. The following must be observed within the TPZ area (without the further consent in writing of Council’s Vegetation Management Officer): i) the existing soil level must not be altered either by fill excavation; ii) the soil must not be compacted or the soil’s drainage changed; iii) no fuels, oils, chemicals, poisons, rubbish and other materials harmful to trees are to be stored or dispersed; iv) no storage of equipment, machinery or material is to occur; v) open trenching to lay underground services e.g.: drainage, water, gas, etc. must not be used; vi) tree roots must not be severed or injured; vii) machinery must not be used to remove any existing concrete, bricks or other materials; 5. All tree pruning work must be in accordance with the Australian Standards AS4373 (2007) “Pruning of Amenity Trees” and be undertaken by a qualified and experienced Arborist. 6. The development and as shown on the endorsed plans must not be altered without the prior written consent of the Responsible Authority. 7. Before occupation of the dwellings hereby permitted the new fences and fence extensions required under Condition 1 g) of this permit must be constructed to Council satisfaction at the site owner / developer’s full cost. 8. Before occupation of the dwellings 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. 9. Before occupation of the dwellings 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. 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 bioretention 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
75. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
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. Construction on the site must be restricted to the following times: · Monday to Friday 7:00am to 7:00pm; and · Saturday 9:00am to 6:00pm. · Sundays and Public Holidays No construction permitted Or otherwise as approved by the Responsible Authority in writing. 14. Before the occupation of the dwellings hereby permitted starts, 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. 15. 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. 16. Convenient taps must be provided to the satisfaction the Responsible Authority capable of watering all communal and private land and landscaped areas, to the satisfaction of the Responsible Authority. 17. A street number of 100mm minimum height and contrasting in colour to its background, must be fixed at the front boundary of the property and as near as practicable to, or on the letterboxes with such numbering to be in accordance with Council’s Street Numbering Policy. Separate unit numbers of 75mm minimum height must be placed adjacent to the front entrance of each dwelling. Such numbers must be clearly legible from the access driveway. 18. Exterior lights must be installed in such positions as to effectively illuminate all pathway and porch areas. Such lighting must be controlled by a time clock or sensor unit, and must be designed, baffled and located to the satisfaction of the Responsible Authority to prevent any adverse effect on neighbouring land. 19. Prior to the occupation of the dwellings hereby permitted, areas set aside for parking vehicles, access lanes and paths as shown on the endorsed plans must be: e. Constructed to the satisfaction of the Responsible Authority. f. Properly formed to such levels that they can be used in accordance with the plans. g. Surfaced with an all-weather, coloured concrete, sealcoat to the satisfaction of the Responsible Authority. h. 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. 20. 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.
76. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
21. All piping and ducting above the ground floor storey of the development (other than rainwater guttering and downpipes) must be concealed to the satisfaction of the Responsible Authority. 22. Finished Floor Levels shown on the endorsed plans must not be altered or modified without the prior written consent of the Responsible Authority. 23. External clothes drying facilities must be provided for each dwelling. 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 of the date of this permit.* · The development is not completed within one (1) year from the commencement of works. 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: It is noted that the development includes a storage shed and eaves to be built over an easement. Separate consent from Council and the relevant service authority is required to build over the easement and will need to be obtained prior to the issue of a building permit. 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: Before removing/pruning any vegetation from the site, the applicant or any contractor engaged to remove vegetation, should consult Council’s Vegetation Management Officer to verify if a Local Law Permit is required for the removal of such vegetation. In the event that Council wish to oppose the application, it can do so on the following grounds: 1. The proposal would have an adverse affect on the amenity of an established residential neighbourhood. 2. The proposal constitutes an over-development of the site. 3. The proposal exhibits excessive bulk and mass. 4. The proposal does not satisfy all the requirements of Clause 55 of the Kingston Planning Scheme (ResCode), in particular 55.02-1 Neighbourhood Character Objectives, Clause 55.02-2 Residential Policy Objectives, Clause 55.03-8 Landscaping Objectives Clause 55.03-10 Parking Location Objectives, Clause 55.04-1 Side and Rear Setbacks Objective, Clause 55.04-6, Overlooking Objective and Clause 55.06-1 Design Detail.
77. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
L 125 Amendment C76 and Planning Permit Application KP850/07 (Extension of Parkview Estate
Approved by: Tony Rijs, General Manager, Environmental Sustainability
Author: Stacey Rees, Strategic Planner
1. Purpose The purpose of this report is to provide Council with the findings of the Independent Panel that considered Planning Scheme Amendment C76 to the Kingston Planning Scheme and Planning Permit Application KP850/07. This report recommends that Council adopt Amendment C76 with changes to the Kingston Planning Scheme and Planning Permit Application KP850/07 and submit it to the Minister for Planning for approval.
2. Background At its Ordinary meeting on 31 March 2008, Council resolved to seek authorisation from the Minister for Planning to prepare Amendment C76 to the Kingston Planing Scheme and that once authorisation is granted, Council as Planning Authority, prepare and place Amendment C76 and Planning Permit Application KP850/07 on public exhibition pursuant to Section 96C of the Planning and Environment Act 1987.
Authorisation to prepare the amendment was granted by the Minister for Planning on 4 August 2008.
2.1 The Amendment The amendment proposes to: · Rezone land at 3 Kingston Road, Heatherton from a Public Use Zone 1 – Service and Utility to a Mixed Use Zone. · Rezone land fronting Warrigal Road between Fairchild Street and Corporate Drive, Heatherton (416A, 418, part 422, 1-3/442-444, 446-450 Warrigal Road, Heatherton and 2- 10 Corporate Drive, Heatherton) from a Business 3 Zone to a Business 4 Zone. · Amend the Commercial and Retail Land Use Framework Plan in Clause 21.06 Retail and Commercial Land Use Policy to show the Park View Industrial Estate as a restricted retail precinct. · Amend Clause 22.08 Park View industrial Estate Policy by: · Delete Park Views Industrial Estate Concept Plan and the Park View Industrial Estate Schedule of Principle Plant Species as reference documents in Clause 22.08-5. · Amend dot point eight in Clause 22.08-4 to read “Garden strips planted with native trees and ground covers and maintained to the satisfaction of the responsible authority.” · Delete the last dot point in Clause 22.08-4 which requires lots to have a minimum size of 2000 square metres and an average size of at least 8000 square metres.
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2.2 The Planning Permit Application The planning permit application is for a permit to construct and use thirty (30) (two (2) and three (3) bedroom) apartments in a two storey residential hotel comprising serviced apartments, small conference facility and access to a Road Zone Category 1.
3. Issues 3.1 Public Exhibition Amendment C76 and Planning Permit Application KP850/07 was placed on public exhibition for a period of one (1) month between 11 September 2008 and 13 October 2008. Notice was given as follows: · Notice of the amendment and planning permit application was published in the Victorian Government Gazette on 11 September 2008. · Notice of the amendment and planning permit application was published in the Moorabbin Kingston Leader on 17 September 2008. · Notice of the amendment and planning permit application was erected on the site. · Direct notification was sent via ordinary mail to all landowners and occupiers affected by the amendment and planning permit application on 11 September 2008. · Amendment and planning permit documentation was made available on Kingston’s Strategic Planning website, Cheltenham customer service centre and Department of Planning and Community Development website from 11 September 2008.
3.2 Submissions During exhibition of the amendment, a total of six (6) submissions were received. Four (4) of the submissions received were from referral authorities (Department of sustainability and Environment, South East Water, VicRoads and Melbourne Water), which raised no objection to the amendment, subject to the inclusion of a number of permit conditions.
The key issue identified in the opposing submissions related to the proposed additional access point located off Kingston Road to service the proposed residential hotel.
3.3 Panel Hearing The Minister for Planning appointed a Panel to consider Amendment C76 and Planning Permit Application KP850/07. A Directions Hearing was held on 27 January 2009 and a Panel hearing was subsequently ‘heard on the papers’. The one person Panel consisted of Mr. John Glossop.
At the Directions Hearing Council Officers represented the City of Kingston and Mr. Fred Krummins and Mr. Kim Belfield of the Devcon Group represented the proponent. No submitters attended the Directions Hearing or provided further submissions.
A copy of the report of the Panel is included as an attachment to this report.
3.4 Panel Recommendation on Amendment C76 and Planning Permit Application KP850/07
Having considered all the submissions referred to it and all the material presented at the hearing, the Panel made the following recommendation:
79. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
‘The Panel recommends that prior to adopting this amendment, the Planning authority must (a) confirm with the Department of Planning and Community Development that it is appropriate to include the land in 2 zones an (b) obtain legal advice to confirm that the granting of Application for Planning Permit KP850/07 is not prohibited as a consequence of the land being in 2 zones.
In the event that these matters are found to be acceptable and based on the reasons set out in the Report, the Panel recommends that Amendment C76 to the Kingston Planning Scheme should be adopted as exhibited. Application for Planning Permit KP850/07 should be approved subject to the changes set out in Appendix 1*’
*Appendix 1 refers to the Planning Permit KP850/07. The Panel has made some minor amendments to the version of the planning permit provided by Council. These changes do not fundamentally alter the content of the conditions and are technical in nature.
3.5 Panel Recommendations Discussed
a. Confirm with the Department of Planning and Community Development (DPCD) that it is appropriate to include the land in 2 zones. Support recommendation
In line with the Panel’s recommendation, Council has sought advice from DPCD regarding the appropriateness of the land being in 2 zones. The department have advised that zone boundaries should ‘align with title boundaries or other defined features such as road centrelines of watercourses, unless there is a deliberate reason not to’. They further advised that ‘creating a circumstance where land in two zones is an outcome of an amendment is generally not supported.’
Having regard for the DPCD’s advice it is considered that the most appropriate course of action is to propose that the entire lot known as 3 Kingston Road Heatherton be rezoned to the Mixed Use Zone and that the Business 4 element be removed. Thus the entire parcel of land is proposed to be included in the one zone.
The purpose of originally seeking to have a portion of the 3 Kingston Road site zoned Business 4 was to encourage bulky goods retailing on that portion of the site and thus align the site with the neighbouring Park View Industrial Estate. It is still considered that bulky goods / warehouse type development is appropriate for the westernmost portion of the site (fronting Warrigal Road) and that this type of use can be facilitated by the Mixed Use Zone and is encouraged through the updated Retail and Commercial Land Use policy at Clause 21.06 of the scheme.
b. Obtain legal advice to confirm that the granting of Application for Planning Permit KP850/07 is not prohibited as a consequence of the land being in 2 zones. Recommendation is redundant
Given the recommended response to part a) of the Panel recommendation, which would see the site at 3 Kingston Road Heatherton incorporated entirely within the Mixed Use Zone, it is considered that part b) of the recommendation becomes redundant. Accordingly no legal advice has been or is proposed to be sought.
80. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
c. Accept changes to the Planning Permit KP850/07 as set out in Appendix 1. Support recommendation
As outline by the Panel member in their report, the proposed changes to the planning permit are minor and primarily administrative in nature. Accordingly it is considered that these changes do not change the intentions of the permit but serve to clarify a number of points. It is considered that the changes should be supported.
4. Options Section 27 of the Planning and Environment Act 1987 directs that the Planning Authority must consider the Panel’s report before deciding whether or not to adopt the amendment. Having considered the report Council may: · Abandon the Amendment pursuant to Section 28 of the Planning and Environment Act 1987. · Adopt the Amendment without changes pursuant to Section 29 (1) of the Planning and Environment Act 1987. · Adopt the Amendment with changes pursuant to Section 29 (1) of the Planning and Environment Act 1987.
Council received a favorable Panel report on Amendment C76. The Panel supported the strategic justification for the amendment and Planning Permit KP850/07. It is therefore considered appropriate that Council adopt the Planning Scheme Amendment with changes and the associated Planning Permit.
5. Summary and Conclusion Planning Scheme Amendment C76 and Planning Permit Application KP850/07 have now been considered by a Planning Panel who has recommended the adoption of Amendment C76 and granting of Planning Permit KP850/07 subject to changes. The amendment and planning permit application is considered to be consistent with the State and Local Planning Policy and is believed to have a strategic basis to warrant approval.
6. Recommendation
1. That Council, as Planning Authority, resolve to adopt Planning Scheme Amendment C76 to the Kingston Planing Scheme and Planning Permit Application KP850/07 subject to changes as recommended by the Panel and submit it to the Minister for Planning for approval.
2. That all submitters to Amendment C76 and Planning Permit Application KP850/07 be advised in writing of the above resolutions.
Attachments: 1. C76 Panel Report (including draft planning permit KP850/07) 2. Plans for the proposed residential hotel
81. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
L 126 Contract No 09/34 Annual Hard Waste Collection Service
Approved by: Tony Rijs General Manager City Development
Author: John Kelly - Team Leader Maintenance Contracts & Waste
1. Purpose of Report
This report seeks Council’s acceptance of Contract 09/34 for Annual Hard Waste Collection Services to WM Waste Management Service Pty Ltd as a schedule of Rates contract for a five-year period with two two-year options at Council’s discretion as per pricing Option 1 for a total contract sum of $1,990,650 (First Year $398,130)
2. Background Council has been providing an annual hard waste collection service for the last 8 years. The current collection contract has expired, accordingly a specification has been developed and Council advertised for tenderers for this service. Prior to the current service Council provided an “on-call” service for both hard waste and tree prunings. Council continues to provide an “on-call” service for tree prunings.
3. Summary and Conclusion The tender from WM Waste Management Services for Option No 1 which is to collect hard waste and to recycle metals and mattresses is recommended.
This conclusion has been arrived by the considering tenders submitted and the panel considers that this tender from WM Waste Management Services Pty Ltd for is the highest ranked tender offers the best value and Option 1 is the best environmental outcome for the community. Option 1 is with the 2009/10 budget.
4. Consultation No community consultation has been undertaken.
5. Brief Description of the Work under the Contract The works comprise of an annual collection of hard waste from approximately 57,000 residential properties across the municipality. The collection shall include the collection of typical household waste material, the contractor is required to recycle all metals which include old paint tins, scrape steel and other metal waste which includes washing machines, dryers, fridges, freezers, computer hard drives and other small metal household items which include toasters, irons, heaters and etc. Council has requested two pricing options for the collection in regards to mattresses where Option 1 is to collect the mattresses separately and recycle them. Option 2 is to collect the mattresses as normal part of the collection where they are disposed to landfill. See confidential Attachment, Appendix 2.
82. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
The collection is usually carried in the months of September / October and completed over a 5 to 6-week period, commencing in the northern part the municipality and finishing at the southern part. The Contract is for a period of 5 years commencing 1 July 2009 with options at Councils discretion of two two-year extensions. The Contract is a Schedule of Rates Contract subject to an annual price adjustment based on a specified formula.
6. Tenders Received Tenders were advertised The Age on Saturday 6th June 2009 and closed at 2.00pm on Thursday 25th June 2009.
Two tenders were received: · WM Waste Management Services Pty Ltd · Transpacific Cleanaway Pty Ltd
Further details of tenders submitted are included in the Confidential Attachment.
7. Project Funding The Annual Hard Waste Collection Service is funded from the Goods and Service Waste Budget, 2009/10 budget sum $414,000.
8. Evaluation Panel The tenders were assessed by:
John Kelly – Team Leader Maintenance Contracts & Waste Robin Fisher – Senior Field Officer
9. Assessment of Tenders Two conforming tenders were received. Tenderers were assessed in accordance with the evaluation criteria set out in the Tender Specification documents and included: · Financial Viability · Tender Price · Service Planning & Delivery · Commitment to Quality · The Service · Community Benefit · Human Resource Management
For the last 8 years WM Waste Management Pty Ltd has provided the Annual Hard Waste Service under contract.
Over the last six collection years, Council has been collecting metals and mattresses separately and recycling these items during the hard waste collection. Over the last six years Council has collected 1,789 tonnes of metals, (this collected amount of metals could have been a much higher figure however a percentage of the material was scavenged by
83. City of Kingston Ordinary Council Meeting Agenda 24 August 2009 professional scavengers during the collection) and 27,181 No mattresses have been recycled. Over the same 6-year period 13,704 tonnes of hard waste has been taken to landfill.
Mattresses have been recycled by local subcontractor Dreamsafe who has his factory located in Moorabbin. Nearly all of the materials in the mattresses are recycled this includes the metals springs, timber wadding and foam the only part of the mattress not recycled is the mattress cover material due to contamination issues.
For tender evaluation purposes over the last 3 years, the average number of mattresses collected was No. 5,100 and general hard waste was 2,300 tonnes.
Tenderers were requested to provide pricing options based upon: Option 1 collecting mattresses separately and according recycling these mattresses and, Option 2 collecting mattresses as part of the collection and taking to landfill, see attached pricing schedule.
The evaluation panel interviewed both WM Waste Management Services and Transpacific Cleanaway.
WM has provided an excellent service along with having a good safety record in carrying hard waste collection services for Council over recent years. WM has a large modern fleet of trucks to complete the collection and provides similar services to a number of other metropolitan councils.
10 Triple Line Checklist Budget/Financial Impact There is an additional cost to recycle the mattresses,
Social Impact Suggested that the annual collection be staged over the month September to November to allow greater utilisation of the service by the community,
Environmental Impact The separate collection of mattresses and subsequent recycling of these mattresses will improve the environment by reducing the amount of waste going to landfill.
11. Recommendation That Contract No 05/46 for the Annual Hard Waste Collection Services be awarded be awarded to WM Waste Management Services Pty Ltd as a Schedule of Rates contract for a five year period from 1 July 2009 to 30th June 2014 with two, two year options for a total contract sum of $1,990,650 (excl GST) (First Year $398,130).
That the two two-year contract optional extensions be at the discretion of the Chief Executive Officer or delegate, subject to satisfactory performance.
Confidential Attachment
84. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
L 127 Sustainable Design Assessment in the Planning Process
Approved by: Tony Rijs, General Manager
Author: Stacey Rees, Strategic Planner
1. Purpose The purpose of this report is to respond to a request for support from Moreland City Council who are looking to implement Environmentally Sustainable Design (ESD) policy into the planning scheme at either the State or Local level. The report also seeks to gain Council support for Council Officers to further investigate the potential for the City of Kingston to follow the lead taken by Moreland City Council and other Melbourne Council’s in implementing sustainable design requirements for the planning permit processes. Following this investigation a further report will be prepared for discussion with Council on options with respect to approaches at Kingston.
2. Background With the State Government yet to add to the Building Regulations and ResCode in relation to introducing planning policy to ensure the consideration of Environmentally Sustainable Development principles; Moreland City Council have prepared a draft local policy to address these matters in the design phase of the planning permit application process. The policy would provide legislative support for a number of sustainability assessment tools which they currently encourage applicants to use as part of the permit application process. The primary tools concerned are known as STEPS (Sustainable Tools for Environmental Performance Strategy) and SDS (Sustainable Design Scorecard), which are used for residential and commercial / industrial development respectively.
Sustainable Design Assessments require the permit applicant to explain the sustainability principles features in the proposed development with specific reference to aspects such as: § Energy Efficiency § Water § Materials § Transport § Waste § Indoor Environment Quality § Innovation.
The resource commitment for a Council to implement the Sustainable Design Assessment in the Planning Permit Process program varies depending on the triggers it sets to determine which applications (i.e. commercial, multi-storey apartments) would be required to undergo an assessment. It is understood that Moreland CC have found that SDAPP requires a dedicated 2-3 day a week position. The assessments are currently carried out by employees with engineering or architecture backgrounds.
The Moreland City Council sent a letter and copy of their draft policy to all Victorian Metropolitan Municipalities (see ‘Attachment 1’), requesting written support for the authorisation of their policy, and encouraging other Council’s to consider adopting similar measures.
85. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
3. Summary and Conclusion Council Officers recognise that the challenge of increasing the environmental performance of development is increasing and that the need to encourage more sustainable development practices is irrefutable. As such it is considered that we should take every opportunity to ensure that as far as possible, Kingston is looking to achieve ‘best practice’ outcomes to work towards becoming a more sustainable city. It is worth noting that Kingston is already a leader in storm water and water sensitive urban design (WSUD) initiatives, however looking to introduce SDAPP would provide a more holistic approach to ensure that all aspects of ESD are being considered.
4. Issues Whilst it is the Officer’s view that the State Government should ideally take the lead in introducing ESD considerations into the Victorian Planning Provisions, we recognise the importance of the matters Moreland have identified and consider that the initiative taken by Moreland City Council warrants support. The introduction of a local planning policy to support Sustainable Design Assessment in the Planning Process (SDAPP) will serve to reinforce a number of assessment tools that are currently being used, until such time as state policy is changed. It is considered that the SDAPP process is the only way forward for Victorian Councils at present to specifically seek information about Environmentally Sustainable Design from planning applicants.
It is recognised that as part of further investigating the SDAPP Council will need to examine the extent of additional resources required to administer such a program.
Council Alliance of Sustainable Built Environment (CASBE) CASBE is effectively a working group made up of a collection of municipal governments in Victoria committed to the creation of a more sustainable built environment for the benefit of future generations. The SDAPP program forms the primary basis of CASBE’s practical, rather than direct, advocacy for a sustainable built environment. There is currently no formal process to join the CASBE however members are expected to show a commitment to working towards a sustainable built environment which includes attending bi-monthly or quarterly CASBE meetings.
5. Options a) Status Quo – Do not respond to Moreland’s letter and do not pursue the implementation of further ESD initiatives into the planning application process at this time.
b) (Preferred Option) Support ESD initiatives – This option would involve submitting a letter of support to the Moreland City Council (see ‘Attachment 2’) as well as further investigating introducing Sustainable Design Assessment in the Planning Process for the City of Kingston.
6. Triple Bottom Line Checklist · Environmental – Joining the CASBE would mean that Council is committing to work towards achieving a more sustainable built environment. · Social – N/A
86. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
· Financial – N/A
7. Recommendation 1. That a copy of the attached draft letter be forwarded to the city of Moreland; 2. Council join the ‘Council Alliance for a Sustainable Built Environment’ (CASBE); and 3. Council Officers further investigate the potential of introducing Environmentally Sustainable Design considerations into the planning permit process for the City of Kingston and that the findings be presented at an upcoming Council Meeting.
Attachments: 1. Letter from Moreland City Council and Draft Planning Policy 2. Letter of support
87. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
L 128 Winter Foreshore Regulations
Approved by: Tony Rijs General Manager Environmental Sustainability
Author: Neil Sheppard Team Leader Local Laws
1. Purpose The purpose of this report is to inform Council on the process and outcome of the public consultation undertaken relating to a proposal to amend the winter foreshore dog control regulations in 2007/2008.
2. Background In May 2007 Council received a petition from Margaret Howse, requesting that the time of the winter restriction be amended to allow dogs off leash on the foreshore until 11am. The petition contained the signatures of 714 people who supported the proposed change to the restriction times. Of the 714 petitioners, 467 (66%) are Kingston residents.
3. Summary and Conclusion On 21 February 2008, a Committee of Council comprising then Councillor Topsy Petchey, Trevor McCullough, General Manager Community Sustainability and Tony McNamara, Acting Manager Health and Local Laws convened to consider the submissions.
A report was presented at the Ordinary Council meeting held on 26 May 2008 outlining the results of the public consultation and the recommendation of the Section 223 Committee. The recommendation by the Section 223 Committee was to not amend the current winter foreshore restrictions and to appoint a dedicated Local Laws officer to provide foreshore enforcement for the winter period.
It was determined that the current restrictions have stood the test of time and allow all beach users equal and fair usage of the foreshore.
4. Consultation The consultation process undertaken involved the following: · an advertisement was placed in the public notice section of the local papers inviting residents to make comments (both written and verbal submissions) to Council · a colour printed survey form was letter dropped to 6000 residential properties located close to the foreshore. This form contained a map showing the current restrictions, information relating to the potential benefits and potential disadvantages of changing the restrictions and a survey question to be completed and returned to Council · an online survey form was placed on the City of Kingston website allowing interested parties to complete online submissions · information articles placed in the Leader newspapers
Overall 623 submissions were received from individuals, 340 through the Kingston website survey and 283 were returned from the letter drop survey.
340 submissions were received through the Kingston website’s online survey. Of these, 259 were in favour of the amendment and 81 were against it. 88. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
The breakdown of the 259 YES online votes is as follows: 20 were from non residents of Kingston 98 were from properties located close to the foreshore 141 were from properties not located close to the foreshore
The breakdown of the 81 NO online votes is as follows: 1 was from a non resident of Kingston, this was the only interstate vote 54 were from properties located close to the foreshore 26 were from properties not located close to the foreshore
283 submissions were received through the letter drop survey. Of these, 170 were in favour of the amendment and 113 were against it.
The breakdown of the 170 YES hard copy votes is as follows: 8 were from non residents of Kingston 132 were from properties located close to the foreshore 30 were from properties not located close to the foreshore
The breakdown of the 113 NO hard copy votes is as follows: 1 was from a non resident of Kingston 105 were from properties located close to the foreshore 7 were from properties not located close to the foreshore
The vast majority of responses were constructive in their comments and people seem appreciative of being given the opportunity to comment. There were comments requesting the summer restrictions be amended to provide for more off leash time. On the apposing side, there were comments suggesting that all dogs should be banned from the foreshore. This clearly remains an emotive issue with polarised views within the community.
Many of the comments against the proposed amended times were of the opinion that more enforcement staff should be allocated to the beach in the winter months.
5. Issues As part of the development of the 2009/10 Corporate Plan, it was determined that a report on winter dog regulations be resubmitted to Council for review.
The current winter restrictions (and those at the time of the review) allow dogs to be off leash in Section B of the foreshore before 10 am and after 3pm. The winter restrictions are in place from 1 April to 31 October each year.
89. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
6. Options Option 1 Do not change the winter foreshore restrictions as determined by the Section 223 Committee.
Option 2 Consider implementing a trial period over winter 2010 so that the time of the winter restrictions be temporarily amended to allow dogs off leash on the foreshore until 11am. Consultation to take place during and after the trial period to determine if the temporarily amended restrictions should become permanent. This option is recommended
7. Triple Bottom Line Checklist · Environmental – There would have been a risk of increased activity of dog walkers failing to clean up after their dogs that have defecated on the foreshore. Some dog walkers do not clearly observe their dogs when they are being walked off leash. This would have to be monitored by Local Laws Officers and would require extra patrols during the winter. · Social – Extending the time allowed for dogs to be walked off leash would have given dog walkers more time to enjoy walking their dogs off leash during daylight hours. This change would allow older dog walkers the opportunity to walk their dogs during the mid morning period when the winter weather is milder. · Financial – If Council had chosen to amend the winter foreshore restrictions there would been a cost to change all of the winter restriction signage. This would be approximately $5000. There would have been a cost for publication of the change.
8. Recommendation That the winter foreshore regulations be amended for a trial period in 2010 to allow dogs off leash on the foreshore until 11am and that the results of the trial be evaluated to determine if the temporary restrictions should become permanent.
90. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
10. Community Sustainability Reports
L 129 Access and Equity Advisory Committee – Annual Review and Future Directions
Approved by: Mauro Bolin - General Manager Community Sustainability
Author: Dominic McCann – Community Projects Co-ordinator
1. Purpose The purpose of this report is to update Council on the progress of the Access and Equity Advisory Committee over the past 12 months (refer Attachment A) and provide advice with regard to membership of the new Committee (refer Attachment B). It also provides information regarding planned initiatives for the 2009 - 2010 financial year (refer Attachment C), seek Council endorsement of the amended Terms of Reference (refer Attachment D) and present proposed changes to the funding arrangements of the Access and Equity Grants Program (refer Attachment E).
2. Background The Access and Equity Advisory Committee was established in 2000 as a multicultural advisory committee from a need to establish closer relationships with Kingston’s multicultural community groups. The original mandate of the Committee was later expanded to cover issues of access and equity that affect people with disabilities and those from indigenous backgrounds.
The Committee provides a link to the communities that traditionally have had difficulty accessing services within the City of Kingston and assists them to participate fully in the life of the community.
During 2008-2009 the Terms of Reference and Governance model of the Committee were enhanced to better reflect the changing directions of the Committee. In September 2008 a new Committee was appointed for a two-year period and new Terms of Reference drafted.
This report relates to Planned Outcome 3 in the Council Plan 2009-2013, in particular: · Strategic Action 3.2.1 - Strengthen the leadership, resourcing and capacity of community organisations and networks to support the development of healthy, active and socially connected communities. · Strategic Action 3.2.5 - Ensure access and equity principles are promoted and encouraged throughout the community. · Strategic Action 3.2.13 - Promote community and stakeholder engagement, participation in service and policy planning and development; service delivery and evaluation. · Strategic Action 3.4.3 - Maintain awareness of, and respond as appropriate to, relevant Commonwealth and State legislation, policies and strategies.
91. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
3. Summary and Conclusion The Access and Equity Advisory Committee draws members from a wide range of community groups and stakeholders in the community. It plays a very important role in liaising with those communities that traditionally have had difficulty accessing Council services and programs.
Since its inception in 2000, the Committee has developed into a group committed to improving the opportunities for people with disabilities, residents from culturally and linguistically diverse communities, and those with indigenous backgrounds. The achievements of the Access and Equity Committee over the past 12 months have been based on the Committee’s strategic planning and prioritisation. The Committee’s strategic plan for 2009-2010 will continue to guide the work of the Committee over the next 12 months and into the second year of the members’ term of appointment.
4. Consultation The Access and Equity Advisory Committee has been actively engaged in all aspects of the planning and development of its future strategies, its updated Terms of Reference and the proposal to seek an increase in funding for the Grants Program administered by the group. Council officers from across the organisation have also been consulted on the continuing development of the committee.
5. Issues The principles of human rights that promote diversity underpin the Access and Equity Advisory Committee and the issues that it addresses. The Charter of Human Rights and Responsibilities Act 2006, the Racial and Religious Tolerance Act 2001, the Equal Opportunity Act 1995, the Multicultural Victoria Act 2004, the Federal Disability Discrimination Act 1992 and the Victorian Disability Act 2006 all set the legislative framework within which the Access and Equity Advisory Committee works.
5.1 Achievements (Attachment A) 2008 - 2009 has been a productive year for the Access and Equity Advisory Committee with the formation of a new committee (see membership at Attachment B), the drafting of new Terms of Reference, the continuing disbursement of grants to a range of community groups and the contributions made to a number of State Government policy reviews.
5.2 Future Directions (Attachment C) The Access and Equity Advisory Committee has developed a set of new strategic actions and activities to be implemented in 2009-2010. The Committee will continue to support community groups through the Grants Program, contribute to Council policy development, make appropriate submissions in response to State and Federal Government initiatives and will continue to support the community through community education and awareness raising programs.
5.3 Terms of Reference (Attachment D) The Access and Equity Advisory Committee reviewed its Terms of Reference in light of the establishment of the new Committee and developed new Terms which reflect the composition and role of the committee.
92. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
5.4 Funding Arrangements The Access and Equity Grants Program enables newly-formed community groups to become established and strengthen their ability to provide support to Kingston residents from multicultural and indigenous backgrounds and for people with a disability. Grants of up to $1,000 are available to support and assist groups that provide services to Kingston residents from those groups listed above. A total of $10,000 is made available to the Grants Program every year. In 2008-2009, grant applications exceeded the money available. Applications from 17 groups in 2008-2009 totalled $22,240 (see Attachment F).
The Access and Equity Advisory Committee has requested that the funding be increased from $10,000 to $20,000 so that it can better meet the needs of the community groups that are applying for grants. (The rationale for this proposal is outlined by the Committee in Attachment E). 6. Options Preferred options: 6.1 Council note the initiatives that have been implemented by the Access and Equity Advisory Committee over the past 12 months. 6.2 Council endorses the amended Terms of Reference. 6.3 Council note the future initiatives to be implemented during the 2009-2010 financial year. 6.4 Council endorse the request from the Committee for an increase in the funding pool to better support the Access and Equity Grants Program.
7 Triple Bottom Line Checklist Environmental – Not applicable to this report.
Social - The Access and Equity Advisory Committee is an important link between Council and multicultural communities, people with disabilities, and the indigenous community. It provides Council with a mechanism to develop better community relations through the broader community learning about ethnic communities, understanding issues people with disabilities face and Aboriginal reconciliation. It also enables those communities to contribute to, and participate in, the life of the community. This further enhances the principles of access and equity and the promotion of an inclusive community.
Financial - All achievements to date have been conducted within existing budget allocations. All currently outlined future strategic actions can be accommodated within Council’s 2009 - 2010 Budget. The Committee requested an increase in funding to the Grants Program and it is proposed, if endorsed by Council, to fund the additional $10,000 Council contribution from existing resources.
8 Recommendation That Council:
1. note the achievements of the Access and Equity Advisory Committee over the past 12 months through the significant involvement of community members and key organisational stakeholders.
93. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
2. note the future initiatives to be implemented by the Committee during the 2009-2010 financial year, as outlined in Attachment C.
3. endorse the amended Terms of Reference, included as Attachment D.
4. endorse the proposal to increase the funding to the Grants Program by $10,000, commencing in the 2009/10 Financial year.
Attachments Attachment A - Achievements 2008- 2009 Attachment B - List of members of the Access and Equity Advisory Committee Attachment C- Planned initiatives 2009- 2010 Attachment D -Terms of Reference Attachment E - Proposal for amending the funding arrangements to the Grants Program Attachment F - List of community groups in receipt of grants.
94. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
Attachment A
Achievements by the Access and Equity Advisory Committee July 2008 - June 2009
· Committee Members: New Committee formed for period 2008 – 2010 · Terms of Reference: Terms of reference reviewed and new Terms of Reference adopted by Committee · Grants: Disbursed grants through the Access and Equity Grants Program to 16 Community Groups and programs · Submissions to State Government: - The Victorian Multicultural Policy - Electronic Gaming Review · Contributions to Council Strategies and Plans - Community Safety Strategy - Disability Action Plan · Participated in working parties: - Governance in Community Organisations - Funding and Grants · Guest presenters: Col England - State Emergency Services Megan Grant - MetroAccess Nicole Malina - Graffiti Free Kingston Chris Whiting - Kingston Faith Network Georgia Hills - Aged and Disability Services Malcolm McCall - Electronic Gaming Frank Yaman - Multicultural Liaison Officer Metropolitan Fire Brigade Vivian Tangatakino - One Ocean
95. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
Attachment B
Members of Access and Equity Advisory Committee 2008 - 2010
Chair: Councillor Arthur Athanasopoulos
Ross Buscemi New Hope Foundation Caterina di Giangregorio Italian Community Centre of Kingston La Baracca Inc. Heatherton Senior Citizens Group Dawn Eddington Crime Prevention Officer Victoria Police James Henry Cook Islands Community Clayton South Theo Ioannou Australian Cyprian Sports and Social Association Mujgan Kabakci Kingston-Turkish Senior Citizens Club Violeta Lorenzana PEASER - Pilipino Elderly Association for the South East Region Yassim Mahmood Clayton South Men's Club Peter Mansourian Berendale School Council - Statewide Spectrum Disorders Mona Raju Kingston Indian Seniors Association Reg Shelley Monash University, Indigenous Unit Peter Spyker Centrelink Anna Wang Kingston Chinese Senior Citizens Club Frank Yaman MFB Multicultural Liaison Officer
96. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
Attachment C
Planned initiatives The A&E Committee has a range of initiatives planned for the 2009-2010 financial year. A summary of the key projects which have been identified as of priority follows:
· The Access and Equity Advisory Committee will be involved in the development of the Multicultural Plan 2010 – 2013 as the current Multicultural Plan expires at the end of 2009 · Guide and support the implementation of the Disability Action Plan 2009 – 2013. · Contribute to the development the city of Kingston Indigenous Policy which is due for review in the latter part of 2010 · Support groups from Multicultural communities, Aboriginal communities and people with disabilities through its Grants program · Liaise with the community to identify needs and to feedback to Council proposals to have these needs addressed · Disseminate relevant information from Council, State and Federal Governments to the Community · Contribute to the development of Council policies and Strategic Plans · Monitor the impact of access and equity principles on Council’s practices · Contribute to submissions to State and Federal Policies · Consult with key stakeholders on issues that affect their communities · Identify needs of overseas students living in Kingston · Work with Life Saving Victoria to implement Water Safety programs for young people from Culturally and Linguistically Diverse (CALD) communities · Consultation with the community through community forums · Build strategic partnerships with key stakeholders.
97. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
Attachment D
Access and Equity Advisory Committee TERMS OF REFERENCE (Draft 2009)
1.0 RATIONALE
The Access and Equity Advisory Committee was established by the City of Kingston in August 2000 to provide information and advice to Council on equitable service distribution to all residents, and particularly to people with a disability, and people from multicultural and indigenous communities.
It provides a link to the communities that traditionally have had difficulty accessing services within the City of Kingston and to enable them to participate fully in the life of the community.
2.0 AIMS
1 To provide advice to Council on the application of access and equity principles and policies
2 To disburse grant money to community groups
3 To promote an inclusive community
4 To develop strong partnerships between the community and Council that facilitate better responses to community needs.
98. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
3.0 SCOPE
Access and Equity
Advisory Committee
Community Kingston Council
Services
Emerging issues Policies
Needs Programs
4.0 KEY VALUES AND PRINCIPLES
The key values and principles underpinning the Access and Equity Advisory Committee are:
· The acknowledgement that all people have the right to goods and services as a basic human right
· That people from multicultural communities, people from indigenous communities and people with a disability have a right to participate fully in the life of the community.
5.0 ROLES
The Access and Equity Advisory Committee will:
· Support and promote better community relations, for example, through the broader community learning about multicultural communities, understanding issues people with disabilities face and Aboriginal reconciliation
· Review Council policies and decisions that impact on ethnic and indigenous communities and people with a disability and on the principles of Access and Equity
· Advise on Council operations and activities in regard to people with a disability and people from multicultural and indigenous communities
99. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
· Assist in effective communication between the community and Council and advocate on access and equity issues
· Support Council in its advocacy to State and Federal Government organisations / agencies.
· Ensure Council is informed about the needs of people and feedback on its response through community forums and meetings with community groups
· Make recommendations on community projects that meet identified needs
· Guide and support the development, implementation and evaluation of the Disability action Plan, Multicultural Action Plan and Council’s Indigenous Policy.
6.0 MEMBERSHIP
· Chairperson – nominated Kingston Councillor or rotational community chairperson.
· 15 members (2/3 community representatives, 1/3 external service providers).
· Additional Council representative to be nominated by the CEO.
· Council will provide officers from the Community Engagement Team to support the Committee.
· From time to time, the Committee may establish sub-groups from other community agencies, support groups and community representatives to work on specific issues.
Membership of the Advisory Committee may be altered on the recommendation of the members of the Advisory Committee or at the discretion of Council. Membership will be reviewed every two years.
7.0 TERM OF MEMBERSHIP
· Community Members to be appointed for a period of two years with an option for a second two year period.
· Organisational Members to be appointed for a period of two years with an option for further terms.
· Committee will be able to co-opt members on a needs basis. These members are not permanent Committee members.
100. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
· All appointments to be based on nominations assessed using Council’s selection process and approved by Council.
8.0 MEETINGS
· Meetings will be held once every month in the evening from 6.00pm – 8.00pm, subject to review
· Meetings will last no more than 2hrs
· Meetings will be open to the public by invitation or application
· Open forums to consult with the community (question time)
· If a member is unable to attend more than three meetings Council’s representative will contact them and advise the Committee on the situation. For short periods, members may delegate another representative; subject to endorsement by the committee.
· Meetings may include presentations from external guest speakers
· Secretariat support, including the setting of agenda, minute taking and distribution of minutes will be the responsibility of Council through the Community Engagement Team
· Meetings will usually be held at the Clarinda Community Centre though the Committee has the discretion to hold them at other venues throughout the Municipality.
9.0 ROLE OF COUNCIL OFFICERS ON THE COMMITTEE
· Council’s Community Projects Co-ordinator is nominated as the Resource Officer
· The Resource Officer is not a Committee Member
· The Resource Officer is responsible for supporting the Committee in its work and includes taking minutes; mailing list updates; mail out of agendas, minutes, discussion papers and information as required; booking venue and catering.
10.0 ACCOUNTABILITY OF COMMITTEE MEMBERS
· To maintain an active role in communicating community views; participating in discussion at monthly meetings; and positive involvement in the work of the Access and Equity Advisory Committee
101. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
· To attend meetings regularly
· To be actively involved in the work of the committee – chairing meetings, sitting on working groups, contributing to submissions, developing strategies, making presentations, assessing grant applications, etc
· Consensus (agreement by all) decision making will be the preferred process used by the Committee.
REVIEW OF TERMS OF REFERENCE OF ACCESS AND EQUITY ADVISORY COMMITTEE
A review of the terms of reference and the role and lifespan of the Advisory Committee will be undertaken every two years and/or at the discretion of Council.
Endorsed by Access and Equity Advisory Committee 03 June 2009
Endorsed by Council (Date)
102. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
Attachment E
Request from Committee to Increase Grant Funding
The Access and Equity Working Party met on Thursday 23 April 2009 to discuss the applications for the current round of grants under the Access and Equity Grants program. This working party was starting from a position where the amount of funding being applied for was in access of the amount available in the Fund.
It also had the responsibility of developing a proposal to go Council to have the $10,000 limit in the Grants Program increased to $20,000 as it was evident that the there wasn’t enough money in the fund to meet the needs of an increasing number of applications.
This position paper relating to additional funding was considered by the full Committee meeting on 06 May 2009 and it was resolved that the need for additional funding be presented to Council.
The arguments put forward by the committee are:
Only $10,000 is available for the various groups that Access and Equity Advisory Committee represents, which is deemed an inadequate pool.
Specifically:
1 In 2008 – 2009 grants period 17 groups applied for grants totaling $22,240 2 There has been no increase in funding allocation since the Access and Equity Grants program began in 2004 3 Cost of living has increased 4 Inflation has devalued the grants available 5 Program is better known thus there have been more applications than in the past – a greater demand for the grants 6 There are significant benefits for Council: - enables communities to be integrated - creates an inclusive community - helps reduce demands upon Council resources, programs and services 7 There are significant benefits for communities: - developing and maintaining networks, cohesion and supports within the various community groups - bringing the community and Council together - creating an inclusive community - promoting social cohesion - promoting and supporting isolated members of the community 8 Greater needs: - members of the various multicultural groups getting older - emerging communities that were not in the City of Kingston when the program began - communities cutting across municipal boundaries
103. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
Attachment F
List of Community Groups that Received Access and Equity Grants in 2008 - 09
1 Australian Greek Elderly Citizens Club of Mentone 2 Cook Islands Community Services Victoria – Clayton South 3 Cosenza Italian Senior Citizens Group 4 Eastwork 5 Greek Elderly Citizens Club Clayton and Districts 6 Independent Hellenic Senior Citizens Association of Clayton 7 Italian Pension Club of Kingston 8 Kingston Chinese Senior Citizens Club Inc 9 Kingston Indian Senior Citizens Association Inc 10 Kingston Turkish Senior Citizens Club 11 Mentone Girls Grammar School – Sudanese Social Inclusion Program 12 South Eastern United Sport Club. 13 Australian Cyprian Sports and Social Association (Senior Citizens Group) 14 Avellino Circolo Pensionati of Springvale 15 Circolo Pensionati Campani Italiano Di Clayton 16 PEASER – Pilipino Elderly Association of Southeast Region.
104. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
L 130 Inter Council Aboriginal Consultative Committee (ICACC) Memorandum of Understanding
Approved by: Mauro Bolin, General Manager Community Sustainability
Author: Dominic McCann, Community Projects Co-ordinator
1. Purpose To seek continued Council’s endorsement of the Inter Council Aboriginal Consultative Committee (ICACC) Secretariat including the financial commitment to the Secretariat as per the Memorandum of Understanding. (Attachment1)
2. Background ICACC was established in 1997 by Aboriginal people and eight local Councils - Bass Coast Shire, Mornington Peninsula Shire, Frankston City Council, City of Knox, City of Casey, City of Kingston, City of Greater Dandenong and Cardinia Shire Council.
It is a peak regional forum which enables Aboriginal people to work in partnership with Local Governments and other agencies in the advancement of Aboriginal respect, recognition, reconciliation, equity and health and well-being. Some of its achievements are included in Attachment 2.
The City of Kingston currently provides a nominated Councillor to formally represent it on ICACC (currently Councillor Staikos) and allocated officer time to attend meetings and to liaise and consult with other Councils and the Aboriginal community on Aboriginal issues. This contribution provides Council with an opportunity to engage with, and be exposed to, information and discussion on Aboriginal issues at the community, Local Government and regional level.
Meetings occur bi-monthly and are rotated amongst member Councils. An Aboriginal representative from Council’s Access and Equity Advisory Committee also attends the ICACC meetings.
ICACC is supported by a paid Secretariat which is funded by member Councils. The secretariat position undertakes the operation and daily management of the ICACC network, and employs a person for three days per week. The Secretariat also provides support to individual member Councils in the promotion of Aboriginal culture and heritage.
Currently the Mornington Peninsula Shire hosts the Secretariat position and it is anticipated that they will do so for the foreseeable future. ICACC is now formally seeking ongoing support from member Councils and a four year financial contribution from member Councils towards the continuation of the Secretariat position.
Support of ICACC is consistent with the Aboriginal Policy adopted by Council in May 2008.
105. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
This report addresses Planned Outcome 3 in the Council Plan 2009 – 2013 and in particular relates to: · Strategic Action 3.2.5 in the Council Plan – Ensure access and equity principles are promoted and encouraged throughout the community. · Strategic Action 3.2.14 - Appropriately protect aboriginal heritage sites including: work with ICACC and the local indigenous Community to identify sites. 3. Summary and Conclusion In order to strengthen Council’s understanding of Aboriginal issues and support of Aboriginal people it is important that Council continues to participate in the ICACC partnership.
Participation in ICACC and the financial support of the Secretariat will ensure that Council is well informed and aware of Aboriginal issues, and exposed to adequate opportunities to develop closer working relationships with the Aboriginal community.
4. Consultation Aboriginal members of ICACC, Councillor representatives from the eight member Councils and officers from the eight member Councils were involved in the development of the Memorandum of Understanding.
5. Issues § Consultation Despite the small numbers of Aboriginal people living within the City of Kingston (approximately 300), it is a population of significance in comparison to the numbers of the South Eastern region. It is important for Kingston Council to be aware of Aboriginal issues to ensure that our Aboriginal residents are appropriately serviced. It is also important for Council to play a role in promoting and valuing cultural heritage – which is an issue of great significance to the Aboriginal community across Victoria and Australia. Participation in ICACC allows Council to build a relationship with the wider Aboriginal community of the South Eastern metropolitan area while also tapping into existing programs and new initiatives occurring in other Councils.
§ Access and Equity Participation in ICACC is one way of engaging with the broader Aboriginal community on initiatives of Council and to promote the principles of access and equity and creating an inclusive community that embraces diversity.
§ Budget The accepting, recognition and commitment to the ICACC memorandum of Understanding will require a four year financial commitment from Council of $4,000 in year 2009 – 2010, rising with CPI to $4,500 in the year 2012 - 2013. The nominated commitment for the 2009 – 10 financial year has been allocated within Council’s current budget.
106. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
6. Options 6.1 That Council support the ICACC Memorandum of Understanding as presented and commit to the funding schedule to support the ICACC Secretariat. 6.2 That Council does not support the ICACC Memorandum of Understanding and reconsider its participation in ICACC.
7 Triple Bottom Line Checklist Environmental Support of ICACC and the Secretariat will have an environmental impact on the identification and protection of Aboriginal Heritage sites.
Social impact ICACC provides Council with access to indigenous community members who are able to provide guidance and feedback on Council initiatives. Continued participation in, and support of, the ICACC and its Secretariat will provide Council with an opportunity to develop stronger and closer links with the wider Aboriginal community of the South East metropolitan area. Support of ICACC and the Secretariat will provide opportunities for networking and information gathering in relation to Aboriginal issues and ultimately it will demonstrate Council’s commitment to the Aboriginal community.
Financial A total of $16,990 will need to be allocated to ICACC over a four year period with $4,000 in year 2009 – 2010 and rising with CPI to $4,500 in the year 2012 - 2013. The nominated commitment for this financial year has been allocated within Council’s current budget.
8. Recommendation That Council note the Memorandum of Understanding and achievements of ICACC as presented. That Council endorse the CEO to sign the ICACC Memorandum of Understanding on its behalf.
Attachments:
Attachment 1 Memorandum of Understanding 2009 – 2013 Attachment 2 Achievements
107. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
Attachment 1 Memorandum of Understanding 2009-2013
Inter Council Aboriginal Consultative Committee ICACC Secretariat
Member Councils: Bass Coast Shire Council, Cardinia Shire Council, Casey City Council, Frankston City Council, Greater Dandenong City Council, Kingston City Council, Knox City Council Mornington Peninsula Shire,
Background to the Memo of Understanding (MOU): The purpose of the MOU is to establish an agreement between all parties to govern the arrangements for the employment of a Secretariat position to ICACC (the ‘position’).
Funding: Member Council’s agree to fund the position for a period of 4 years as specified commencing on 1 July 2009, subject to subsequent annual financial commitments by member Councils beyond Year One. All financially contributing partners will be invoiced annually by the employing Council of the position. Failure to reach unanimous commitment to funding from all member Councils in any year will result in a review of ongoing Secretariat arrangements.
Member Councils Year One Year Two Year Three Year Four 2009-10 2010-2011 2011-12 2012-13
Bass Coast $4,000 $4,160 $4,330 $4,500 Cardinia $4,000 $4,160 $4,330 $4,500 Casey $4,000 $4,160 $4,330 $4,500 Frankston $4,000 $4,160 $4,330 $4,500 Greater Dandenong $4,000 $4,160 $4,330 $4,500 Kingston $4,000 $4,160 $4,330 $4,500 Knox $4,000 $4,160 $4,330 $4,500 Mornington $4,000 $4,160 $4,330 $4,500 Total $32,000 $33,280 $34,640 $36,000
108. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
The above table outlines the distribution of the position costs to be spread amongst each member Council. The position is 3 days per week (22.8 hours per week) on the basis of 7.6 hours per day. The position is entitled to pro-rata sick and annual leave, all other entitlements as specified by the employing authority’s employment conditions. * It includes all costs faced by the employing Council including costs such as travel, meal allowances, office equipment, EBA provisions, etc.
Employing Council The funding partners agree that the employing Council will host the position for two years after which time it will transfer to one of the other members in a negotiated agreement; any agreement must be agreed by all members and all internal costs of the position must be disclosed. Employment tenure will be offered on a contract basis, to align with the hosting member and the funding commitments by member Councils and other funding bodies to the position.
Supervising Officer The supervising officer is the Representative Officer to ICACC at the employing Council. Should participating Councils have performance issues or concerns, it is expected that such matters would be dealt with by the employing Council in the first instance; should any further action be required member Councils will agree to participate in the dispute resolution process of the employing Council.
Organisational Structures The Inter Council Aboriginal Consultative Committee Secretariat officer will be an active member of the appropriate employing Council structure to enable supervision as indicated previously.
Position Responsibilities A list of key responsibilities for the position is attached.
Worker Support Contributing Councils agree to support the worker employed in the position and facilitate him/her in carrying out their responsibilities efficiently and effectively, in collaboration / consultation with Indigenous representatives.
Geographic Areas Covered by the Position The position will cover the municipalities of: · Bass Coast Shire Council · Cardinia Shire Council · Casey City Council · Frankston City Council · Greater Dandenong City Council · Kingston City Council · Knox City Council · Mornington Peninsula Shire
Decision Making
109. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
Member Councils agree that a steering committee consisting of one representative from the eight contributing Councils will have overall responsibility for determining priorities for the position. Day to day operational responsibility for the position will lie with the employing Council.
Contributing Council’s Liaison Bi-Monthly meetings between the Steering Committee and secretariat officer will be held to determine direction and project evaluation. The secretariat officer will provide a report of activities to each of these meetings.
ICACC Secretariat Position
List of Key Responsibilities
· Supporting the ICACC members in working with community · Keeping member Councils informed and up to date on · ICACC Disseminating information to member Councils · Convening and supporting ICACC Local Government Liaison Group meetings · Convening and supporting the ICACC Community Forums · Collate information including and not restricted to sub-committee’s when doing ICACC Forum review · Liaison with Councils and following up actions as required · Secretarial duties – minute taking, preparation of agendas, acting on correspondence (printed and electronic) under direction and distributing appropriately · Maintain agreed ICACC data base effectively to ensure that information is current and correct · Communicate community transport requirements to relevant Local Governments · Maintain the ICACC web site effectively to ensure that information is current and correct
110. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
City of Greater Dandenong Signed ______CEO, John Bennie Date ______
City of Casey Signed ______CEO, Mike Tyler Date ______
Cardinia Shire Council Signed ______CEO, Garry McQuillan Date ______
Bass Coast Shire Council Signed ______CEO, Mr Allan Bawden Date ______
City of Frankston Signed ______CEO, Mr George Modrich Date ______
City of Kingston Signed ______CEO, John Nevins Date ______
Knox City Council Signed ______CEO, Graeme Emonson Date ______
Mornington Peninsula Shire Signed ______CEO, Dr Michael Kennedy Date ______
111. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
Attachment 2
ICACC Recent Achievements
1 Kingston Indigenous Policy – Endorsed by Council 26 May 2007
2 Connection to Community Forums held across all partner municipalities. Kingston’s Forum was held in March 2009.
3 Cultural Awareness Training for Council officers is being held across all partner municipalities. Kingston’s Cultural Awareness Training was held in April 2009. A second workshop is planned for August.
4 Celebrating ‘National Aborigines and Islander Day Observance Committee’ (NAIDOC) Week – 05 -12 July 2009.
5 Promoting the establishment of Local Indigenous Networks (LIN) - partnerships with local government and Aboriginal Affairs Victoria. The City of Kingston and City of Frankston are working together to set up a LIN.
6 Indigenous Careers Pathways & Cultural Arts Program in partnership with Chisholm Institute of TAFE - The Pathways Program aims to provide employment training to Indigenous people through a national accredited curriculum.
7 ICACC provides an important link between Local Government and Indigenous communities.
8 ICACC provides support and advice on all Indigenous issues – important contacts in the Aboriginal community, heritage sites, Aboriginal arts, services etc.
9 Community awareness raising of Indigenous issues and culture through ICACC website: http://www.icacc.org.au/ and ICACC Newsletter.
112. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
11. Organisational Development & Governance Reports
L 131 Expenditure of Ward Funds Schedule
Approved by: Elaine Sowerby, General Manager Organisational Development and Governance
Author: Jason Stubbs, Manager Governance and Performance Planning
1. Purpose The purpose of this report is to seek formal Council approval of the expenditure of Ward funds in accordance with the ‘Expenditure of Ward Funds Policy’.
2. Background The Council, on 23 March 2009, 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 well being, identified in the Council Plan.”
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.
The table below lists the Councillor requests for the expenditure of ward funds received since the last Ordinary Council Meeting.
113. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
Table of Councillor requests:
Request Amount Councillor Ward Initiative Date $ Mayor, Cr North Carrum Primary School 11/08/2009 200 Athanasopoulos School Camp
Cr Bauer South Carrum Primary School 11/08/2009 400 School Camp
Cr Brownlees Central Carrum Primary School 11/08/2009 200 School Camp
Cr Dundas Central Carrum Primary School 11/08/2009 200 School Camp
Cr Peulich North Carrum Primary School 11/08/2009 200 School Camp
Cr Ronke South Carrum Primary School 11/08/2009 200 School Camp
Cr Shewan South Carrum Primary School 11/08/2009 200 School Camp
Cr Staikos North Carrum Primary School 11/08/2009 200 School Camp
Cr West OAM Central Carrum Primary School 11/08/2009 200 School Camp
Mayor, Cr North The Centre for Indigenous 21/07/2009 500 Athanasopoulos Vascular and Diabetes Research Funding Assistance
Cr Bauer South Ryan Fitch Foundation 19/08/2009 200 Meningococcal Fundraiser
3. Recommendation
That Council approve the expenditure of ward funds in accordance with the table of Councillor requests.
114. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
L 132 Meeting Procedures Local Law 7 - Amendment
Approved by: Elaine Sowerby, General Manager Organisational Development and Governance
Author: Michael Fry, Team Leader Council Business
1. Purpose The purpose of the report is to commence the legal procedures necessary to amend the City of Kingston’s Meeting Procedures Local Law 7.
2. Background The City of Kingston’s Meeting Procedures Local Law 7 (“the Local Law“) came into force and operation on 3 November 2005 and any amendment to this local law will apply until 26 October 2015, when it sunsets and will need to be remade.
As a result of recent changes to legislative provisions it is considered timely to amend the local law to: · be consistent with the relevant legislative provisions, which take precedence in any event; and · make the provisions more reflective of current practices.
The statutory procedures to apply when seeking to amend a local law i.e. public exhibition, submissions and gazettal, etc are specified in sections 119 – 122 of the Act.
3. Summary and Conclusion It is proposed that an amendment to the Local Law go out for public consultation, following initial approval by Council.
4. Consultation Consultation has taken place with Councillors, senior staff and Darren Ray, Acting Chief Executive Officer, Victorian Local Governance Association to the extent that a mock Council meeting was conducted in order to highlight and discuss various aspects of the Local Law, including identifying where further clarification / elaboration was desirable.
Maddocks has reviewed the proposed amendments to the Local Law to ensure they comply with statutory requirements.
If Council resolves to proceed with the proposal, a formal public consultation process will be undertaken in accordance with the provisions of section 223 of the Act. Members of the public will have 28 days from the date of publication of the notice in the Age newspaper (and on Council’s website) in order to lodge a submission in relation to this matter.
115. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
5. Issues The attached draft of the proposed Meeting Procedures Local Law 7, includes the following amendments:
· Deletion of references to the Village Committee which are no longer Special Committees of the Council;
· Revised disclosure of Conflicts of Interest provisions to accord with the legislative changes;
· The requirement to include in a confidential report, the reason why the report is deemed to be confidential.
· Clarification of the items of business at an Ordinary and Special Council meeting, including at Statutory Council meetings;
· Revised timelines for the lodging of notices of motion to ensure that all notices of motion can be included in the Council agenda paper at the time of circulation;
· Clarification and elaboration of the revocation / rescission provisions with respect to resolutions; · Clarification of the provisions with respect to the use of a casting or second vote; · Recognition that voting is by show of hands; · Updated procedures for the election of the Mayor (including voting by show of hands); and
· Elaboration of the duty of the Chairperson.
Councillors may also wish to consider whether they change the requirements to stand when addressing Council meetings.
6. Options Do nothing
There is no absolute requirement for the Local Law to be amended at this time.
Where the Local Law conflicts with the Act, the Act takes precedence. The issues of inconsistency with current practices are not sufficient or pressing enough in their own right to require the local law review / amendment process.
Additionally, the sunset provision, with respect to this local law does not come into effect until 2015.
This option is not supported
116. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
Amend the Local Law
As far as practical the local law should reflect current legislative provision, even through the Act takes precedence where any conflict exists.
The number of amendments is considered sufficient to warrant a formal review and amendment process being undertaken, particularly given the work of the existing Council in considering meeting protocols and procedures in the early part of its current term of office.
This option is supported.
7 Triple Bottom Line Checklist · Environmental – Not applicable. · Social – The formal process to amend the Local Law, if resolved by the Council, will enable members of the public to contribute to the debate about how items ore dealt with at a Council meeting. · Financial – There will be a minor cost to Council as a result of undertaking this process, however, this cost is outweighed by the benefits to the public through their ability to participate in the process.
8. Recommendation That Council resolve:
1. to amend the City of Kingston’s Meeting Procedures Local Law 7 in accordance with the attached draft local law;
2. pursuant to Sections 119 and 223 of the Local Government Act 1989, to approve the commencement of the statutory procedures to advertise the proposed Local Law and consider any submissions received;
3. establish a Committee consisting of Councillors Ronke and Staikos, the General Manager Organisational Development and Governance and the Manager Governance and Performance Planning, or the persons from time to time acting in those positions, to consider a report on the submissions received and to hear any person who wished to be heard in support of his or her written submission, at a meeting of the Committee to be held an Tuesday 6 October 2009, commencing at 6.00pm at the Cheltenham offices, 1230 Nepean Highway, Cheltenham, and to report back to Council; and
4. in the event that no submissions are received, authorise the Chief Executive Officer to report to Council on the proposed adoption of the Local Law.
Attachment: Draft Meeting Procedures Local Law 7, as amended.
117. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
L 133 Appointment of Village Committee Members
Approved by: Elaine Sowerby, General Manager Organisational Development & Governance
Author: Michael Fry, Team Leader Council business
1. Purpose To advise Council of applications for appointment of three Village Committee members.
2. Background a) Judith Beazley
Judith Beazley applied to join the Mordialloc Village Committee. This Committee currently has 11 members with one vacancy available.
Judith has been interviewed by the Mordialloc Village Committee Chairperson and a Ward Councillor, and has been recommended for appointment for a period expiring on 31 December 2011. The Advisory Officer to the Village Committee formally notated the interview proceedings. b) Anastasios Dimitriu
Anastasios Dimitriu applied to join the Clayton South Village Committee. This Committee currently has three members with nine vacancies available.
Anastasios has been interviewed by the Clayton South Village Committee Chairperson and a Ward Councillor, and has been recommended for appointment for a period expiring on 31 December 2011. The Advisory Officer to the Village Committee formally notated the interview proceedings. c) Peter Davis
Peter Davis applied to join the Mentone / Parkdale Village Committee. This Committee had twelve members. A vacancy opened up upon the resignation of Sheena Frost..
Peter has been interviewed by the Mentone / Parkdale Village Committee Chairperson and a Ward Councillor, and has been recommended for appointment for a period expiring on 31 December 2011. The Advisory Officer to the Village Committee formally notated the interview proceedings.
3. Summary and Conclusion It is proposed to appoint an additional member to each of the Mordialloc, Clayton South and Mentone / Parkdale Village Committees.
118. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
4. Consultation In each case consultation has occurred with the Chairpersons and the Advisory Officers of the respective Village Committees.
5. Issues Clause 2.3 of the Village Committee Policy states as follows:
“…extraordinary or unfilled vacancies may be filled at the discretion of Council at any time”.
The policy also states that candidates who have applied to join a Village Committee may be required to meet with a Ward Councillor, the Chairperson of the Village Committee and the Advisory Officer as part of the appointment process. It is the usual practice that such meetings are held in instances where the applicant has not previously participated in the program.
6. Triple Bottom Line Checklist · Environmental – Not applicable. · Social – The broader range of views available to be heard at Village Committee meetings (within the maximum limitation of 12 members) the more effectively the Council can communication with its community. · Financial – Not applicable.
7. Recommendation That: 1. Mrs Judith Beazley be appointed to the Mordialloc Village Committee for a period expiring on 31 December 2011; 2. Mr Anastasios Dimitriu be appointed to the Clayton South Village Committee for a period expiring on 31 December 2011; 3. Mr Peter Davis be appointed to the Mentone / Parkdale Village Committee for a period expiring on 31 December 2011; 4. the applicants be advised of the outcome of their application.
119. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
12. Corporate Services Report
L 134 Draft 2008/2009 Annual Statements
Approved by: Paul Franklin-General Manager Corporate Services
Author: Bernard Byrden-Manager Finance
Pursuant to Section 126 of the Local Government Act 1989 and Part 4 of the Local Government Regulations 2001, Council’s 2008/09 Annual Statements have been prepared for adoption in principle and the authorisation of two Councillors and the Chief Executive Officer to certify the Annual Statements following their review and clearance by the Auditor-General.
Council’s independent Audit Committee reviewed the 2008/09 Draft Annual Statements at its meeting on 20th August 2009 and recommended that the Statements be adopted by Council and forwarded to the Auditor-General for final clearance. The Audit Committee also commended Council for the strong financial result that was achieved in 2008/09 and complimented Councillors and Officers on the good financial management practices clearly evident at Council.
Copies of the “In Principle” Annual Statements are on display in the public gallery foyer for perusal by interested members of the gallery and have been forwarded separately to Councillors.
Financial Statements
Included are the Financial Statements for Kingston City Council for the year 1 July 2008 to 30th June 2009, which have been drawn up so as to present fairly the financial transactions of Council for the 2008/09 financial year and to report on the financial position of Council as at 30 June 2009. The Financial Statements have been prepared in accordance with the Local Government (Democratic Reform) Act 2003, Australian Accounting Standards and other mandatory professional reporting requirements.
To assist understanding of these Financial Statements and accompanying notes it is pertinent to point out circumstances that have an impact on the statements in 2008/09.
Income Statement
The reported Operating Surplus of $16.0 million has been added to the brought forward accumulated surplus of $1,148.4 million which reflect sound financial management of the affairs of the City. The operating Surplus is $12.6 million favourable to the budgeted surplus of $3.4 million. This result is influenced by the following:
§ Cash Developer Contributions of $1.7 million, $0.8 million ahead of budget. These funds are transferred to the Open Space Reserve and can be utilised in the future for the acquisition and/or development of open space within Kingston.
120. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
§ Developer Asset donations from new estates of $5.3 million exceeded budget expectations by $4.3 million. This consists of: 1. $4.2 million for land 2. $0.6 million for roads, kerbs and footpaths 3. $0.2 million for drainage 4. $0.3 million for land under roads.
§ Grants and Subsidies received in advance amounting to $3.4 million for 2009/10 financial year. Accounting Standards require this revenue to be taken into account in the 2008/09 financial year.
§ Council’s total Capital Works expenditure was $24.9 million of which $21.1 million was capitalised. The balance of $3.8 million was expensed to the Income Statement which was $1.7 million favourable to the budget of $5.5 million.
Adjusting for these items would indicate an “underlying” Operating Surplus of $4.9 million and this result yields an underlying favourable variance of $1.5 million. This variance includes the following items:
Rate Income $0.9m F Interest Income on Investments and Rates $0.1m F Net movement in other Operating Accounts $0.5m F
Total $1.5m F
Ø Rate Revenue
Rate revenue totalled $79.6 million and is $0.9 million favourable to Council’s Budget 2008/09. This follows the decision by Council to increase overall rates and charges by 6.0%. The rate revenue also includes $1.2 million derived during the year from Supplementary Valuation assessments issued in which the value of the property was adjusted to reflect a physical change to the property and to ensure that all ratepayers continue to contribute equitably to the City.
Ø Grants and Subsidies
Total Grants & Subsidies have increased from $25.5 million in 2007/08 to $30.0 million in 2008/09 largely due to $3.4 million of grants received in advance. This includes $1.5 million for Kingston Heath Soccer facility, $0.6m for North Aspendale Renourishment, $0.2 million for Bay to Rail Project and $0.9 million for Grants Commission funding.
Ø Contributions, Reimbursements & Donations Revenue
The amount of revenue recognised has increased from $6.6 million to $7.5 million in 2008/09, which includes an increase in non-cash contributions from developers for new estates which totalled $5.3 million compared with $4.2 million in 2007/08. Cash contributions from developers of $1.7 million were favourable to budget by $0.8 million. All of these developer cash contributions are transferred to a Reserve Account that can be utilised by Council in the future to acquire and/or develop open space. 121. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
Ø User Fees & Charges
User Fess & Charges increased by $1.0 million to $22.4 million in 2008/09 and reflects higher income from leisure centres $0.4 million and higher rental income $0.6 million.
Ø Employee Costs
Employee Costs increased by $3.6 million during 2008/09 and were $0.2 million unfavourable to budget. This was largely due to a large number of vacancies in 2007/08 that were filled this year in a changed labour market. This includes movements in remuneration for staff in accordance with Council’s Enterprise Agreement.
Ø Materials and Services
Materials and Services expenditure has increased by $2.1 million to $58.7 million in 2008/09 when compared to $56.6 million in 2007/08 financial year and was $3.1 million favourable when compared to Budget. This includes a favourable variance of $1.7 million related our capital works program ($3.8 million was taken to the Income Statement of the total capital works expenditure of $24.9 million, compared to budget of $5.5 million) with the balance related to improved operating efficiencies.
Ø Depreciation
In accordance with Australian Accounting Standard AASB 116 Property, Plant and Equipment, all non-current assets having a limited useful life are systematically depreciated over their useful lives in a manner which reflects the consumption of the service potential of those assets. In 2008/09 $15.9 million was taken up as an expense in the Income Statement compared with $15.5m in 2007/08, $0.1 million higher than the budgeted amount of $15.8 million. This is a “non-cash” book entry.
Balance Sheet
The ‘current portion’ of the Balance Sheet has remained healthy. The Working Capital ratio has increased from 159.5% in 2007/08 to 172.5% in 2008/09. This increase can be attributed to the increase in Cash holdings of $5.3 million and an increase of $1.2 million in Trade and Other Receivables which is offset by no longer having any non-current assets held for sale ($1.1 million in 2007/08).
Australian Accounting Standard AASB 116 Property, Plant and Equipment requires that the carrying amount of all non-current assets be kept current. This year a market revaluation was conducted of Council’s Land and Buildings as at 30th June 2009, by our valuers K.A. Reed (Group) Pty Ltd. This market revaluation identified an average decline of 5.4% in the value of land and buildings. Transport and Drainage assets have been revalued to their current replacement cost as at 30 June 2009. Council now manages $2.0 billion of assets on behalf of the community. Land under roads of $395 million has been recognised for the first time and the opening balance and comparative information has been restated.
122. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
Non Current Assets include an Intangible Asset classification representing the value of our Hostel Bed Licences at $7.2 million which is unchanged from 2007/08, plus $1.1 million for capitalisation of Software, an additional $0.3 million in 2008/09 in relation to the new Pathway rates, debtors and receipting system implemented in July 2008. Non-current Assets also includes Investment Property valued at $2.0 million.
In accordance with Council’s 2008/09 Budget, overall debt has reduced from $6.6 million as at June 2008 to $4.6 million at June 2009. Council remains on track to be debt free by June 2011.
Cash Flow Statement
In total, Council’s cash holdings have increased by $5.3 million during 2008/09 to $33.7 million. $1.8 million of this will be utilised to pay for capital works carried forward from 2007/08 to 2008/09 and expenditure related to Grants received in advance of $3.4 million.
Ø Net cash provided by operating activities is $26.7 million, which is $2.7 million higher than 2007/08. This is largely due to $5.3 million increase in Rates receipts, $3.4 million of Grants received in advance, $1.0 in other grants, offset by $4.6 million more in payments to suppliers and $3.0 million higher in payments to employees. Ø Net cash used in investing activities has increased by $3.6 million to $20.5 million largely due the increase in payments to fund extra capital works of $4.2 million when compared to the prior year. Ø Net cash used in financing activities has decreased by $0.8 million when compared to 2007/08 largely due to an increase of $0.8 million for payments to Trust Funds and Deposits.
Performance Statement
Section 132 of the Local Government Act 1989 requires local government authorities to develop a performance accountability mechanism which allows for a consistent approach in the collection and reporting of information regarding financial performance, operating costs and community satisfaction.
The published performance standards identified areas of customer satisfaction or financial goals by which Council sought to measure its performance.
Detailed commentaries of the outcomes are noted in the Statements.
Standard Statements
The Local Government (Democratic Reform) Act 2003 requires local government authorities to prepare four Standard Statements and explanatory notes to form a special purpose financial report. Council is required to prepare a Standard Income Statement, a Standard Balance Sheet, a Standard Cash Flow Statement and a Standard Statement of Capital Works that compares the financial results with the original budget. The statements show the difference between the actual result and the original budget. Detailed explanations of the variances are detailed in the Standard Statements.
123. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
Standard Income Statement
The Standard Income Statement demonstrates the year’s financial performance in terms of revenue, expenses and other adjustments from all activities compared to the Adopted Budget. The ‘Total Changes in Equity’ or ‘bottom line’ shows the total difference between the financial position at the beginning and the end of the year.
Income was $9.9 million (7.5%) favourable variance to budget including; Grants of $3.4 million received in advance and contributions from developers which were $5.1 million favourable to budget, and rate revenue of $0.9 million favourable.
Total expenditure was favourable to budget by $2.8 million (2.2%) primarily related to Materials and Services $3.0 million favourable. This is largely due to a favourable variance of $1.7 million related to our capital works program ($3.8 million was taken to the Income Statement of the total capital works expenditure of $24.9 million),
Standard Balance Sheet
The Standard Balance Sheet shows Councils Assets and Liabilities as at 30th June 2009 compared to the Adopted Budget. The accumulated surplus reflects the year on year Surpluses / (Deficits) that Council has achieved.
Total Assets are $2,093 million and are favourable to budget by $491.8 million (30.7%). This consists of:
Ø A cash balance of $13.3 million favourable variance is primarily attributable to grants received in advance of $3.4 million. It also comprises greater than anticipated cash contributions from Developers ($0.8 million) and higher than projected trust funds and deposits ($1.4 million). The overall cash position improved by a reduction in Materials & Services spend. Ø Trade and Other Receivables are higher than budget by $2.0 million. Ø Infrastructure, property, plant and equipment includes first time recognition of land under roads of $395 million. The remaining $80 million relates to the movement in net asset revaluations. Ø Intangible Assets are $1.1 million favourable due to the capitalisation of additional software in relation to the new Pathway rates, debtors and receipting system implemented in July 2008.
Total Liabilities total $35.6 million and are unfavorable by $8.5 million consisting of:
Ø Trade and Other Payables unfavourable variance of $4.5 million is primarily due to under budgeted accruals for Materials and Services expenditure. This is largely a budgeting issue and has been corrected in Budget 2009/10. Total payables are consistent with the previous year. Ø Trust Funds and Deposits unfavourable variance of $2.5 million is due to additional accommodation bonds received during the financial year and the retention of current residents resulting in fewer bond refunds during the year.
124. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
The favourable variance of $402 million in Accumulated Surplus largely reflects land under roads of $395 million recognised for the first time plus the $12.6 million favourable surplus for the current year.
Standard Cash Flow Statement
A Standard Cash Flow Statement shows what has happened during the year in terms of cash compared to the Adopted Budget. It explains what cash movements have resulted in the difference in the cash balance at the beginning and the end of the year.
Total Cash increased to $33.7 million compared to the budget of $20.3 million due to:
Ø Capital carried forward to 2009/10 budget of $1.8 million. Ø Grants and Subsidies were $3.6 million favourable largely due to grants received in advance of $3.4 million. Ø Contributions, Reimbursements & Donations were $0.5 million favourable and include cash contributions from Developers ($0.8 million favourable to budget) Ø Trust Funds and Deposits $1.4m favourable due to the difference between the value of incoming and outgoing bonds, reflected the changing resident mix.
Detailed explanations are included in the Standard Statements.
Standard Statement of Capital Works
A Standard Statement of Capital Works shows what has been spent on Capital Works program during 2008/09 compared to the Adopted Budget. The projects not completed due to delays brought about by extended consultation, statutory planning or timing issues totalling $1.8 million will be carried forward to 2009/10. Total Capital Expenditure was $24.9 million compared to the Budget of $26.5 million that is $1.6 million favourable.
The main variances include:
Ø Information Services variance of $0.6 million is due to delayed projects including; Asset Management system ($0.2 million), Corporate Business Systems review ($0.1 million), IS Strategic Implementation ($0.1 million) and Corporate Information ($0.1 million). Ø Economic Development has a $0.8 million variance due to delays in the Mentone Shopping Centre Amenity Program ($0.4 million), Mordialloc Bay to Rail Project ($0.2 million) and Chelsea Initiatives ($0.2 million). Ø Leisure & Cultural Planning have a $0.7 million variance due to delays in the completion of the following projects: Moorabbin Reserve development ($0.3 million) and Regional Soccer Facility ($0.4 million).
Further detailed explanations are included in the Standard Statements.
125. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
Independent Audit Committee Review
Council’s Independent Audit Committee has reviewed the 2008/09 Draft Annual Statements and has recommended that Council adopt the statements in principle. (Audit Committee Minute is in the Statements)
Certification Process
A council cannot submit its Performance and Financial Statements to the Auditor-General or the Minister unless the council has passed a resolution giving “in principle” approval to the Performance and Financial Statements and authorising two Councillors and the Chief Executive Officer, on behalf of the council, to certify the statements once amendments or changes requested by the Auditor-General have been made. It is recommended that the Cr Athanasopoulos, as the current Mayor, and Cr Peulich as the second Councillor on the Audit Committee, be authorised to sign off the statements following clearance by the Auditor- General.
Should the Auditor-General require any changes to the Annual Statements these will be brought to the attention of the two Councillors, the Chief Executive Officer and the Audit Committee prior to signing the Statements.
It should be borne in mind that the purpose of this process is to ensure that Council is aware of, and supports, the annual statements and that the Councillors and the Chief Executive Officer when signing the statements do so with the knowledge, support, commitment and acceptance of responsibility by the Council.
Recommendation: That Council:
1. Note the recommendation from Council’s Audit Committee;
2. Adopt the 2008/09 Annual Statements as Council’s “in principle” statements for 2008/09 and that these statements be forwarded to the Auditor-General; and
3. Authorise Cr Athanasopoulos, Cr Peulich and the Chief Executive Officer to formally sign off the 2008/09 Annual Statements following clearance from the Auditor-General.
126. City of Kingston Ordinary Council Meeting Agenda 24 August 2009
L 135 Investment Policy Report – June 2009 Quarter
Approved by: Paul Franklin, General Manager Corporate Services
Author: Bernard Byrden, Manager Finance
1. Purpose In accordance with Council’s adopted Investment Policy, the purpose of this report is to advise Council where Kingston’s working capital is currently invested. Kingston’s funds that are not immediately required for operating purposes are invested in accordance with the relevant legislative requirements and policy requirements, with consideration of risk and at the most favourable rate of interest available to it at the time, for that investment type, while ensuring that our liquidity requirements are being met.
2. Background Council’s Investment Policy that was adopted by Council in October 2008 requires Council to be regularly updated on our investment portfolio. The Investment Policy guides how Council manages its working capital and amounts held on behalf of other parties (eg Hostel Bonds held in Trust; employee Long Service Leave entitlements) or held for restricted purposes (eg Open Space Reserve, Hostel Renewal Reserve). This report compares our investments as at 30 June 2009 compared to the overall portfolio limits specified in the Investment Policy.
3. Summary and Conclusion At the 30 June 2009 Council had a total of $34 million held in Cash and Investments. These funds were held in the following categories:
Category Amount ($’000) Unrestricted Cash 11,115 Restricted Assets – Asset Development Reserve 5,004 Restricted Assets – Long Service Leave 6,500 Restricted Assets – Trust Funds and Deposits 11,592 Total 34,211
4. Discussion Cash has been invested in the following ways:
Type of Investment Amount ($’000) Cash at Bank 1,561 Cash At Call 12,000 Funds Invested (Fixed term investments) 20,650
127 City of Kingston Ordinary Council Meeting Agenda 24 August 2009
Total 34,211
128 City of Kingston Ordinary Council Meeting Agenda 24 August 2009
Council’s had funds of $20.6 million invested as at 30 June 2009 with $13.6 million held in shorter term investments. The investments have been made for fixed terms mostly for up to 3 months. The interest rates achieved as at 30 June 2009 were largely in the range of 3.5% to 4.5% p.a.. The higher than normal cash held at call ($12.0 million) was due to the high at call rate we were able to get with Rabobank (AAA rated). We had $9.5 million invested with Rabobank returning 4.0% p.a.
Due to the uncertainty in the markets this year, most of the fixed interest investments have been made for periods of up to 3 months as that has provided the most favourable interest rates. There are now signs that this is changing so some longer term investments may soon be considered.
The attached Investment Schedule details our investments by credit rating, by bank and by maturity and demonstrates compliance with the Investment Policy. It should be noted that the four major Australian Banks credit ratings are now AA rated and therefore we do not have 75% of our portfolio invested in AAA investments however, as stated in the policy, this is subject to availability. The schedule shows that 95% of funds are invested in AA or AAA rated investments compared to the prescribed minimum of 75%. Commonwealth Bank had 51% of the total investments below the 60% maximum and 5% were invested between 1 and 3 years compared to the maximum of 50%.
5. Recommendation That Councillors note that Council’s funds at 30 June 2009 are being invested in line with the risk management profile prescribed in Council’s Investment policy.
Attachment: Investment schedule
129 City of Kingston Ordinary Council Meeting Agenda 24 August 2009
L 136 Section 223 Committee Report on proposed Discontinuance and Sale of Road adjoining 1&2/20 Mentone Parade and 4/1, 8/1, 4/5 & 5/7 Palermo Street, Mentone
Approved by: Paul Franklin General Manager Corporate Services
Author: Julian Harvey Manager Property Services
1. Purpose To present to Council the report of a Committee of Council established pursuant to section 223 of the Local Government Act 1989 (the Act), to hear and consider submissions in relation to the proposed discontinuance and sale of a road adjoining 1 & 2/20 Mentone Parade and 4/1, 8/1, 4/5 & 5/7 Palermo Street, Mentone.
2. Background Council’s Property Services department received a request in February 2009 from Mentone Girls Grammar School (MGGS), Mentone to purchase a section of road adjoining its property at 1 & 2 /20 Mentone Parade, Mentone.
MGGS had submitted an application for a Planning Permit for a 75 place Early Learning Centre to be built on its property at 1 & 2/20 Mentone Parade and wanted to purchase the abutting section of road for landscaping as part of the proposal to provide additional open space for the facility. Two Planning Permit application notices were displayed on site and abutting property owners and tenants were notified. One objection relating to increased noise levels was received.
Council’s valuers valued the land from the road according to Council’s revised Right of Way Policy and determined a value of $99,000 (GST inc). Property Services accepted a Letter of Offer from MGGS on 26 March 2009 for the purchase price of $99,000.00 (GST inclusive). MGGS paid a deposit of $9,900.00 (refundable in the case of the discontinuance not being successful).
On 17 April 2009 Council’s Manager Property Services, acting under delegation, directed as follows:
“Kingston City Council, acting under section 206 and schedule 10. clause 3 of the Local Government Act 1989 (“the Act”), proposes to discontinue the road shown cross hatched and hatched on the plan attached. Council proposes that, if discontinued, the part of the road shown cross hatched on the plan (see attachment) is to be sold to the owner of Units 1&2/20 Mentone Parade, Mentone by private treaty, and the part of the land shown hatched on the plan is to be retained by Council.
Council directs that public notice be given of the above proposal in accordance with section 223(1) of the Act.
130 City of Kingston Ordinary Council Meeting Agenda 24 August 2009
Council authorises the Manager Property Service to carry out the administrative procedures necessary to enable Council to carry out its functions under section 223 of the Act”.
Property Services placed a public notice regarding the proposed road discontinuance in local newspapers and on the Council website on 20 April 2009 and notified adjoining property owners and the Mentone RSL as registered proprietor in title. This notice was incorrect (although the enclosed plan was not) in that it stated that all of the land from the road (if discontinued) was to be sold to MGGS. A correct public notice (see attachment) appeared in local newspapers and on Council’s website on 27 April 2009 noting that it replaced the one published the previous week. The land from the road proposed to be sold to MGGS is that section abutting Units 1 & 2/20 Mentone Parade. The section abutting 4/1-3, 8/1-3, 4/5 and 5/7 is to be retained by Council and incorporated into Council’s reserve as it appears now on the ground. Adjoining owners and the RSL also received an explanatory letter and a copy of the correct notice. A laminated A3 copy of the notice was placed on site.
Proposed discontinuance Proposed discontinuance with land with land sale to MGGS to be retained by Council
A submission against the proposal was received from Mentone RSL Sub-branch Inc and a submission in support of the proposal from Mentone Girls Grammar School. Both submitters requested to be heard.
On 29 June 2009 Council authorised the appointment of a Section 223 Committee to hear the submissions.
131 City of Kingston Ordinary Council Meeting Agenda 24 August 2009
On 7 July 2009 a Committee of Council comprising Paul Franklin, General Manager Corporate Services and Ron Brownlees, Councillor Central Ward, convened to hear submissions. Minutes of the Section 223 committee meeting are attached. Subsequent to the Council meeting of 27 July, officers met with representatives from MGGS to discuss the possibility of leasing the subject land. A letter from the school has now been received in response, advising that the school does not wish to pursue a lease. Furthermore, should Council no longer propose to sell the subject land to MGGS, the school has indicated that it would object to the discontinuance of the road.
3. Summary and Conclusion Ms Natalie Gray, Planning Consultant, spoke to the submission for MGGS on behalf of Ms Fran Reddan, Principal and Mr Peter Law, Facility Development Manager, who were also present.
Mr Neil Richards, Mentone RSL Committee member spoke to the submission for the Mentone RSL Sub-branch on behalf of Mr Tony Wilson, President.
MGGS explained that its project had been approved for funding as part of the Building Education Revolution stimulus package, supported by the Council of Australian Governments. The envisaged project will provide an additional community facility for young families in Kingston. Such facilities are often located in near and in parks as complementary activities. The school cited the importance of the area of the road being used as open space within its development, with minimised fencing to create a gentle interface with the reserve. The land which is now unsightly and is used only for access to the school’s property at Unit 2/20 Mentone Parade (which is to be demolished together with Unit 1) will be made attractive and used for recreation in an educational environment should the road be discontinued and sold.
Mr Neil Richards spoke to the Committee regarding the concerns that the sub branch had about the proposal. These were twofold; the first being the threat to the RSL’s belief when it sold the land to Council that the memorial park would remain a park in perpetuity, and the second that access to the memorial would be restricted. The RSL was afraid that the proposal would encroach upon the park and perhaps open the way to further encroachment in the future. Mr Richards stated that if it were possible to reassure the RSL on both these grounds then it would be happy to co-operate with MGGS as it has many times in the past.
In discussion with Mr Richards, the Committee found that the Mentone RSL Sub branch would be happy to withdraw its objection to the proposal upon receiving in writing from Council (depending upon Council’s decision), a letter stating that the zoning of the park would be altered by a planning amendment from Residential 3 to Public Open Space.
4. Consultation Consultation has been carried out according to section 223 of the LGA.
132 City of Kingston Ordinary Council Meeting Agenda 24 August 2009
5. Options The Committee has heard and considered each of the submissions and has determined three courses of action open to Council. Council could decide on:
Option 1 Do nothing – abandon the proposal. Option 2 Discontinue the whole of the road and retain as part of the reserve. Option 3 Discontinue the whole of the road, sell the section abutting the property owned by MGGS to the school, take title to the remaining section and retain as part of the reserve; and Commence statutory procedures to change the zoning of the reserve and the proposed discontinued road from Residential 3 to Public Open Space.
Option 3 is the preferred option of the S223 Committee.
6. Triple Bottom Line Checklist Environmental The proposed use of the section of road adjoining MGGS for landscaping (see attached landscape plan) and the bounding of the area with a black chain mesh fence would be far more pleasing than the existing road appears on the ground at present. The discontinuance and retention of the remainder of the road for incorporation into the reserve and the changing of the zoning from Res3 to Public Open Space would protect the use of the reserve for the future.
Social The preferred Option 3 would demonstrate Council’s wish to co-operate with both MGGS and the Mentone RSL Sub branch in a positive and productive manner, thus supporting and strengthening the constructive relationship enjoyed by both in the past. The reserve would be secured for recreational use by the community.
Financial The financial benefit for Council would be the purchase price the school is willing to pay for the land from the road.
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7. Recommendation That a report be presented to Council recommending the following: · That Council resolves: · to discontinue the road in accordance with section 206 of the Local Government Act 1989; · to place a notice of the discontinuance in the Victoria Government Gazette; · upon discontinuance to sell the section of road adjoining Units 1&2/20 Mentone Parade to Mentone Girls Grammar School; · to take title to the remaining section of road at the rear of 4/1-3, 8/1-3, 4/5 and 5/7 Palermo Street and to retain it as part of the reserve; · to change the zoning of the reserve (including the balance of the discontinued part of the road) by a planning amendment from Residential 3 to Public Open Space; · to write to Mentone Girls Grammar School and to the Mentone RSL Sub-branch to advise them of the decision of Council; and · to write to the Mentone RSL Sub-branch to assure it of Council’s intention to rezone the reserve as Public Open Space.
Attachments: GIS Plan Landscape Plan Advertisement Submissions Section 223 Minutes Letter from MGGS 6 August 2009
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L 137 Formation of a section 223 committee re the Proposed Discontinuance and Sale of Road abutting 42-44 Westley Street, Carrum
Author: Julian Harvey, Manager Property Services
Approved by: Paul Franklin, General Manager Corporate Services
1. Purpose To recommend the establishment of a committee of Council pursuant to section 223 of the Local Government Act 1989 (the Act) to hear/consider any submissions received in relation to the proposed discontinuance and sale of the road adjoining 42-44 Westley Street, Carrum.
2. Background
Proposed discontinuance with land sale to owner of 42-44 Westley Street, Carrum
In 1978 the then City of Chelsea allowed the then owners of 42-44 Westley Street, Carrum to fence in a section of road abutting the southern boundary of their property. The road has been enclosed within the property for over 30 years. The title to the road is still in the name of the original subdivider. The current owner has before Council a planning permit application for a 6 unit development on the site. One of the conditions for approval of the permit is as follows:
“Prior to the commencement of development and/or use approved by this permit, the 3.05 metre wide right-of-way along the south-east property boundary of No.44 Westley
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Street must be purchased from Council by the developer/ site owner, to Council’s satisfaction”. At an Ordinary Meeting of Council held 27 July 2009, Council resolved to direct officers to commence statutory procedures for the proposed discontinuance and sale of the road and this matter was advertised in the week commencing 17 August 2009.
3. Summary and Conclusion In accordance with section 223 of the Act Council must consider any submissions received and must provide any submitters with an opportunity to be heard in support of their submissions.
4. Recommendation That Council resolves:
· To appoint a committee of Council in accordance with section 223 of the Act to hear/consider any submissions that may be received in response to public notice of the proposed discontinuance and sale of the road abutting 42-44 Westley Street, Carrum
· That the committee comprises Paul Franklin, General Manager Corporate Services, Julian Harvey, Manager Property Services and South Ward Councillors Donna Bauer and John Ronke.
· That the section 223 committee, upon hearing and considering any submissions, prepares a report on its findings for Council’s decision.
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L 138 Proposed Sale of Land 40 Redwood Drive, Dingley Village
Approved by: Paul Franklin, General Manager Corporate Services
Author: Julian Harvey, Manager Property Services
1. Purpose The purpose of this report is to recommend the commencement of statutory procedures under section 189 of the Local Government Act 1989 (the Act) regarding the proposed sale of Council land at 40 Redwood Drive, Dingley Village to the adjoining owner, Mitchell Laminates.
2. Background Councillors reviewed a report at Ordinary Council 25 May 2009 (Attachment 1) recommending the commencement of statutory procedures under the Act to formally consider the sale of part of 40 Redwood Drive Dingley Village to Mitchell Laminates.
Council resolved at the time to defer this proposal for 60 days and officers were requested to undertake a consultation with local workers to gauge local sentiment on the proposal to assist Council’s subsequent consideration of the matter.
Officers held a “sausage sizzle” on Friday 24 July and undertook a survey of the attendees. The event was well attended and solicited good community feedback from individuals who are somewhat difficult to engage with using traditional consultation methods.
3. Summary and Conclusion The feedback received from the workers in the local community indicates that they would like to see the area improved but in doing so the majority of the respondents would not be concerned if the area was reduced in size.
It is recommended that Council commence statutory procedures to consider the sale of 2,840m2 of the land to Mitchell Laminates. The remaining land of 1,160m2 should be maintained and improved as a place for local workers to access a green space with improved seating and appropriate facilities. 4. Issues Results of Survey
The survey was completed by 42 individuals. The outcome is summarised as follows:
80% or 34 individuals support a partial sale if the remaining land is improved. 20% or 8 individuals do not support a partial sale.
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Use of the land is:
DAILY 3 WEEKLY 9 FORTNIGHTLY 2 MONTHLY 6 VERY RARELY 14 NEVER 8
Overall those surveyed identified that if part of the site was to be sold they would like to see the remainder improved with tables, seating and barbecue facilities (see attached survey of results).
5. Options
Not sell Council could choose to not pursue a sale. If this is proposed a plan for the site should be considered for development and capital set aside in a future budget process to better develop the land as functional open space.
Sell part A portion of the site could be retained as open space and the remainder sold. If Council pursued a partial sale of the land, the sales proceeds, as determined with reference to a market valuation, could be directed to the Open Space Fund and the purchaser be required to undertake improvements to the remainder of the land to satisfy identified needs of users of the land.
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Part Sale Option 1 – 2340 M2 – Park 1660m2
Part Sale option 2 – 2840m2 – Park 1160 m2
Sell All The whole of the site could be sold and funds allocated to the Open Space Reserve.
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6. Recommendation That Council resolves that: · Officers commence processes under section 189 and 223 of the Act for the sale of 2,840m2 of the land to Mitchell Laminates · The consideration of the sale, if pursued, be set at no less that market value of the land as set by Council’s valuer, and the purchaser be required to undertake improvements to the remaining reserve · Any funds resulting from the proposed sale be allocated to the Open Space Reserve. · A planning permit application be prepared for the removal of the reservation status for that part of the reserve proposed to be sold and subdivision of the site · A Committee of Council be established pursuant to section 223 of the Act to hear/consider any submissions received comprising Central Ward Councillor Lewis Dundas; Paul Franklin, General Manager Corporate Services and Julian Harvey, Manager Property Services · In the event of no submissions being received, the Chief Executive Officer or delegate be authorised to enter into a contract of sale for the land conditional upon the issuing of a planning permit removing the reserve status and issue of a new title and other terms and conditions to the satisfaction of Council’s legal advisor.
Attachments:
(1) Ordinary Council Meeting Report 25 May 2009 (2) Survey of Results
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Attachment L 73 Possible Sale of Land 40 Redwood Drive Dingley Village
Approved by: Paul Franklin, General Manager Corporate Services
Author: Julian Harvey, Manager Property Services
1. Purpose The purpose of this report is recommend that Council approves the sale of part of Council’s land at 40 Redwood Drive, Dingley Village, following an unsolicited approach from the owner of 32 Redwood Drive.
2. Background Former Councillors were briefed on this matter in a CIS Report on 6 October 2008 (refer attachment). Council officers were approached by the owners of 32 Redwood Drive, Dingley Village to ascertain Council’s preparedness to sell all or part of 40 Redwood Drive. The adjoining owners operate Mitchell Laminates and use 32 Redwood Drive as their National headquarters and primary distribution depot.
40 Redwood Drive is a Council owned parcel of land that is reserved for municipal purposes. Redwood Drive is part of an industrial estate that was developed in the eighties, the land was set aside at that time for municipal purposes and was subsequently grassed and limited improvements undertaken including the installation of timber picnic benches and some plantings. The purpose of the land appears to be to provide a green place of resort for the workers in the estate. The adjoining owners, who overlook the land, report that the site is used only rarely by workers.
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Location Plan
The land comprises 4000m2 and is contained within an Industrial 1 zone. There is a 3 metre wide easement to the southern boundary of the site. The land has an extensive frontage to Redwood Drive of 117.97 metres and is surrounded by industrial land uses.
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TITLE
An onsite meeting was arranged to explore the merits of the proposal put forward by the adjoining owner on a without prejudice basis. At this meeting the operation of Mitchell Laminates was explained and the reasons for the approach to Council discussed. The continued expansion of their business has placed pressure on their current accommodation and a purchase of part or all of Council’s adjoining land would provide needed land to expand onto.
The adjoining owners ideally would like to pursue the partial purchase of the land to enable them to expand their warehousing capacity in the western portion of the land and provide additional car parking to the front of their facility. Initial discussions on site indicates an area of approximately 25m in width is sought however further detail design would be required prior to finalising the dimensions of the land requested.
Officers explained the approvals process and the requirements of the Local Government Act 1989 (the Act)and stressed that should a transaction result it would need to be publicly advertised and be at market value.
A further meeting was undertaken on site 23 September 2008 with Cr Ronke to enable the proponents to outline their proposal to their then Ward Councillor.
Councillors were briefed on 30 September 2008 regarding the proposal and at this time it was recognised that the decision regarding the future of the proposal was to be made by the next Council. Officers were requested to obtain a detailed proposal from the adjoining owner to assist future decision making.
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The adjoining owner has now provided two options for consideration (refer attachments 1 & 2).
OPTION 1 Proposes the sale of 2340m2 and the retention by Council of 1660m2.
OPTION 2 Proposes the sale of 2840m2 and the retention by Council of 1160m2.
In both cases the retention of part of the site provides open space for the use of workers in the estate.
3. Issues Open Space The Open Space Strategy does not cover the industrial areas of the municipality understandably the focus on open space provision for the city has been on residential areas. The use to which open space is put in industrial areas differs to that to which it is put in residential areas. It is important to provide workers with areas that can be accessed for retreat for activities such as eating lunch or enjoying a short break. The provision of large open spaces that are desirable in residential areas is not necessarily appropriate in an industrial setting. The workers in the area should be provided with spaces for retreat but not large suburban park type spaces. The needs of workers are different to those of families and residents.
Whilst the property provides the opportunity for a place of retreat there appears to be only limited use of the site for this purpose. The adjoining estate to the north “Redwood Gardens” has been developed with ample areas of passive space.
Reservation The land is reserved for municipal purposes and if the property is to be sold that reserve status will need to be removed through a planning permit. The intent of the reservation is not known however it is appears reasonable to direct any sale proceeds from a sale to the Open Space Reserve to fund required open space purchases in areas devoid or deficient in open space. Where possible priority should be given to the purchase of land where a land asset has been sold. This practice will aid future generations to continue to have land available for recreational purposes. The conversion of land into other classes of asset such as buildings or landscape, whilst resolving immediate community needs, produces a depreciating asset that will need to be replaced in the future.
Sale Options A sale of the property could be conducted on market or off market with the adjoining property owner. It is likely that the adjoining owner will pay a premium for the land as compared with any other prospective purchaser due to the business advantage access to the land would provide.
If an off market transaction were proposed then a valuation would be prepared and an asking price set at or above that figure for acceptance by the adjoining owner. Documentation would
144 City of Kingston Ordinary Council Meeting Agenda 24 August 2009 be executed by the prospective purchaser and then a public process undertaken by Council to receive feedback on any proposal to pursue a sale of the land.
If an on market transaction was pursued then the property would be offered up at Auction subject to a reserve price after having been approved for sale in accordance with Section 189 of the Act.
4. Options Not sell Council could choose to not pursue a sale. If this is proposed a plan for the site should be considered for development and capital set aside in a future budget process to better develop the land as functional open space.
Sell part A portion of the site could be retained as open space and the remainder sold. If this option were pursued part of the sale proceeds should be directed to improving the amenity of the land to be retained as well as being retained for future land purchases for open space/recreational requirements.
Sell All The whole of the site could be sold and funds allocated to the Open Space Reserve.
Purchase of new space The purchase of land in other areas of the municipality that are devoid or deficient in open space provision should be a priority for funds generated from the sale of land in areas where open space requirements are lower.
5. Summary and Conclusion Officers recommend the adoption of Option 2 ie a sale of part of the site being approximately 2,840m2 to the adjoining owner, Mitchell Laminates thereby enabling Council to redress open space deficiencies in other areas of the municipality.
6. Recommendation
That Council resolves:
· Officers to commence processes under sections 189 and 223 of the Local Government Act 1989 for the sale of the land to Mitchell Laminates.
· Community consultation be undertaken in accordance with section 189 and the consultation plan attached at Appendix 1 (to be tabled Monday night).
· The consideration of the sale, if pursued, be set at no less than market value of the land as set by Council’s valuer, and the purchaser be required to undertake improvements to the remaining reserve. · That any funds resulting be allocated to the Open Space Reserve.
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· A planning permit application be prepared for the removal of the reservation status and subdivision of the site.
· A Committee of Council be established pursuant to section 223 of the Act to hear/consider any submissions received comprising Cr xxxxxx, Paul Franklin, General Manager Corporate Services and Julian Harvey, Manager Property Services.
· That in the event of no submissions being received, the Chief Executive Officer or delegate be authorised to enter into a contract of sale for the land conditional upon the issuing of a planning permit removing the reservation status and issue of new title and other terms and conditions to the satisfaction of Council’s legal advisor.
Attachments x 4
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L 139 Waterways Kiosk
Author: Julian Harvey, Manager Property Services
Approved by: Paul Franklin, General Manager Corporate Services
1. Purpose The purpose of this report is to advise Council of the progress of negotiations for a lease of land at Waterways for a Kiosk and to determine the area of land proposed to be leased.
2. Background Council considered this matter on 25 May 2009. Officers have subsequently negotiated the terms of the lease with the developer in accordance with the Council resolution that is to the satisfaction of our legal representative.
The only outstanding item is the area of the land to be leased.
Officers had based the proposed lease area on the plan previously prepared by the developer when he was considering a subdivision of the site.
The developer, seeking certainty of tenure and of the ability to expand in the future, has expanded the area he is seeking to lease by including an area of lawn to the south east of the existing kiosk. This area is depicted (green line) on the aerial photograph below (Figure 1).
Figure 1.
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Following discussions with Councillors, officers have further reviewed the proposed lease area to provide for the potential construction of a shared path to the south of the kiosk by reducing the proposed lease area by 2.5 metres back from the ”top of bank”.
3. Summary and Conclusion Officers have completed the negotiations of the terms and conditions of the proposed lease. The only outstanding item is the ‘area’ to be leased.
A determination of Council on the area of land proposed to be leased to the developer is now required.
4. Issues The area sought by the developer is beyond what officers expected at the time of the Council resolution in May 2009.
The developer is seeking the additional land to enable future expansion of the operation.
All other matters have been settled in the draft lease.
The developer has advised as follows:
“Failing prompt agreement on the dimensions for the premises, I will have no alternative other than to revert to requiring freehold ownership of the café a course of action that Council has already resolved to implement via a resolution made in September 2008”
The term of the proposed lease is 50 years. Both parties are conscious that over this period, change in the layout, configuration and operation of the kiosk is very likely. On this basis the approach of the developer to include a larger area than previously contemplated has merit; on the other hand the expansion of the leased area will compromise more public land for a considerable period of time.
The compromise position that provides for the future needs of both Council and the Developer has been put that now forms the recommended area of land to be the subject of the proposed lease.
5. Recommendation That Council:
1. Notes the conclusion of the negotiations on the terms and conditions of the proposed lease to Portland House for the Kiosk at Waterways. 2. Determines that the area of land subject to the proposed lease be that shown in Attachment 1.
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ATTACHMENT 1
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L 140 Change Room Upgrade – Waves Leisure Centre
Approved by: Paul Franklin, General Manager Corporate Services
Author: Alexia Morgan, Team Leader, Kingston Leisure Centres
1. Purpose The purpose of this report is to advise Council of the outcome of a recent tender process for the Waves Leisure Centre’s change room upgrade works which forms part of the 2009/10 Capital Works program, and to seek Council approval to reallocate funding from other projects to this project and for additional capital funding.
2. Background The change rooms at Waves are now over 13 years old and have started showing clear signs of deterioration and wear (see attached photos). This has become particularly apparent in the last 12-18 months. An initial scope of works meeting was held between Leisure Centre staff and Councils Building Infrastructure staff following the completion of the architects research and preliminary sketches for these works. The architects informed the team that the project estimates indicated a cost of approximately $250,000, which was well under the Building Infrastructure team’s estimates of $280,000. As a result of this and previous experience with similar projects it was determined that a Quantity Surveyors report was not required as the estimates were well under the budget amount. To allow an adequate contingency Council, budgeted $300,000 for the upgrade of the change rooms in the 2009/2010 Capital works budget.
The project was then put out to tender, with all 3 tenders being received coming in over the budgeted $300,000. The lowest tender received was for $436,000 with the highest being well in excess of this amount. At this point a Quantity Surveyor was engaged to prepare a cost estimate for the works, and their estimated project works came in at $430,000, without contingencies. The variance from the original estimates is largely due to issues surrounding the waterproofing of the change rooms as detailed below; higher than anticipated after hours costs as the Centre does not close during the week until 9pm; and public and occupational health and safety costs associated with the works being completed whilst the Centre remains open to the public.
4. Discussion Due to the current state of the change rooms it is felt that the works should not be delayed and therefore a solution needs to be sought for the project to proceed as planned.
The main issues to be considered with this project are detailed below: · Current condition of the change rooms – the change rooms have deteriorated to a stage where public and staff health and safety is now a concern, and it is not felt that they can be maintained to a safe and hygienic level without major works being completed. · Waterproofing – the major reason for the change rooms current deterioration is the failure of appropriate waterproofing practises utilised in the initial (1994-1995) building
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works. The proposed tender addresses these concerns and should lead to a reduction in the ongoing maintenance costs. · Loss of Leisure Centre’s clientele and client feedback – the state of the change rooms has lead to a large number of complaints, with a recent survey completed at Waves scoring very poorly in customer satisfaction in relation to the state of the change rooms. Exit surveys conducted on cancelling members also show a large number are leaving due to the poor condition of this area. · Customer dissatisfaction with building works – past Centre building works and closures for maintenance works that have exceeded 2 weeks have in the past had a significant impact to the Centre’s financial position, with members and guests choosing to attend competitors facilities’ during this time as opposed to working around the project works. The upgrade should therefore be scheduled to impact as little as possible on patrons. · Patrons are expecting change room works to occur.
5. Options Option 1 – Proceed with the works as per the current specifications, and allocate the additional funding to complete the works – total projects costs $476,000 including a contingency of $30,000.
Advantages · Works completed to the best possible standard of finish and in the shortest time frame possible; · Minimise loss of clientele as the Change rooms amenities look new and inviting, and there is potential to attract back previous members who left as a result of the change rooms; · Expect 10 – 12 years of service before next major refurbishment; · Confidence in a reduction in water damage, which will lead to reduced ongoing maintenance costs; and · Eliminate any public and occupational health and safety concerns with the current condition of the change rooms and reduce risk of injury to public.
Disadvantages · Additional funding required for $176,000 shortfall.
The following is a table of potential sources of this funding which can be reallocated with a lower impact on the Centre than not proceeding with or deferring this project:
Table 1 1. Postpone the external lighting program for Waves Leisure Centre outdoor exercise area to 2010/11. $ 60,000 2. Savings from tender of Waves A/C upgrade $ 30,000 3. Delay the installation of roster software to 2010/11 $ 10,000 4. Carry forward of unexpended capital from Leisure Centre asset renewal program 2008/09 $ 20,000 5. Building infrastructure capital program for asset renewal Projects $ 20,000
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Recommended Project Budget Reallocations $140,000 These budget reallocations plus $300,000 originally budgeted for this project, still leaves a short fall of $36,000 to the total project cost of the $476,000 (from the lowest tender received and including a $30,000 contingency amount).
Option 2 – Stage implementation of the change room works Stage One: Public female and male change rooms Stage Two: Family Change rooms & Portsea room alterations Stage Three: Members female and male change rooms
Advantages · Able to commence Stages One & Two of the project immediately within existing budget allocation for 2009/10.
Disadvantages · Increase in the overall project costs by a further approximately $90,000, as per the building contractor’s assessment (not including the plumbing works detailed below). · Stage 3 to be subject to 2010/11 budget bid of $176,000 plus $90,000. · The current plumbing system is on one complete loop for all change rooms, therefore extensive disruptive plumbing works would need to be conducted to separate these areas in order to stage the project. · Concern that the area delayed for Stage Three cannot be maintained to a safe and hygienic standard whilst awaiting commencement, and could result in ongoing maintenance works and closures. · Possible loss of clientele and school groups due to dissatisfaction in the extended time frame and inconvenience of the project, and continued health and safety risks associated with the remaining unfinished area.
6. Triple Bottom Line Checklist Environmental The project scope is to include push button showers, basins and wall hung waterless urinals which will lead to further significant water savings for the Centre. In addition, frosted windows will be installed on both sides of the change rooms to take advantage of natural light in order to reduce the demand on energy for lighting.
Social Public dissatisfaction with the current state of the change rooms, and potential for further inconvenience and concern should the project be delayed or prolonged. The current state of the change rooms also raises health and safety issues in regard to failing tiles and unstable cubicles.
Financial Improved amenity should lead to an increase in members and casual patrons due to the new, fresh look of the facility. In addition there is potential for Waves to regain lost members. Reduces ongoing operational expenditure being used to maintain and repair defects and unsafe building elements
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7. Recommendation That Council resolve to: 1. Proceed with the works as per the current specifications; 2. Reallocate the 2009/10 budget allocations noted in Table 1; and 3. Allocate the additional funding of $36,000 in the 2009/10 February Budget Review as detailed in Option 1 of this report.
Photographs
Current tiling conditions in both ladies and men’s toilets.
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Cubicles and Vanities
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Other issues due to water damage and age of change rooms
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13. Notices of Motion
L 141 Notice of Motion Cr Peulich: Completion of all stages of the Dingley Bypass
Dingley Bypass a) That the Kingston Council re-affirm its support for the completion of all stages of the Dingley Bypass especially all yellow sections which mark sections which have not been completed as per the map below (from Wikipedia) which set out the original routes;
b) That the Council strongly advocate for the funding and completion of the incomplete stages of the Dingley Bypass including section 4 which falls within the Kingston Council’s boundaries being the link between the South Road Extension and Westall Road; and c) That the council form a committee comprised of community stakeholders to develop and steer the campaign to lobby for the completion of all sections of the Dingley By Pass
Signed
Cr Paul Peulich
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L 142 Notice of Motion Cr Peulich: State Government’s By-pass of Planning Laws to fast track affordable, social housing projects
State Government’s By-pass of Planning Laws to fast track affordable, social housing projects
That the Kingston Council:
1. Strongly disagrees the decision by the Minister for Planning to By-pass local councils as statutory planning authorities for the purpose of fast tracking affordable, social housing projects funded through the Federal Government and expresses the most serious concerns at the State Government’s decision to by-pass the processes which protect the rights of individuals to object and to exercise 3rd party appeal rights to VCAT;
2. That the Council immediately writes to the Premier, the Prime Minister, the Minister for Planning and all local MPs State and Federal, the MAV and the VLGA objecting to this erosion of the democratic process and urging for the reinstatement of due process in the consideration of planning applications for affordable social housing;
3. That all Council dealings in relation to any project which is the subject of these fast tracking arrangements as outlined by Minister Justin Madden be clearly identified from the onset and all decisions be taken in an open Council forum, with community input sought and relayed to the Minister for Planning and all local MPs State and Federal; and
Signed Cr Paul Peulich
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