COUNCIL AGENDA

Wednesday 14 April 2021

Commencing 7 pm

Council Chamber, Moreland Civic Centre, 90 Bell Street, Coburg

D21/132819

Acknowledgement of the traditional custodians of the Moreland City Council acknowledges the Woi Wurrung people as the Traditional Custodians of the lands and waterways in the area now known as Moreland, and pays respect to their elders past, present, and emerging, as well as to all First Nations communities who significantly contribute to the life of the area.

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Information about Council Meetings

These notes have been developed to help people better understand Council meetings. All meetings are conducted in accordance with Council’s Governance Rules.

WELCOME The Mayor, who chairs the meeting, formally opens the meeting.

APOLOGIES Where a Councillor is not present, their absence is noted in the minutes of the meeting. Council may also approve leaves of absence in this part of the meeting.

DISCLOSURES OF CONFLICTS INTERESTS A Councillor has a duty to disclose any direct or indirect financial or other interests, they may have in any matter to be considered by Council that evening.

CONFIRMATION OF MINUTES The minutes of the previous meeting are put before Council to confirm the accuracy and completeness of the record.

PETITIONS Council receives petitions from citizens on various issues. Council formally accepts petitions at Council meetings.

PUBLIC QUESTION TIME This is an opportunity (30 minutes), for citizens of Moreland to raise questions with Councillors.

COUNCIL REPORTS Council officers prepare detailed reports, which are considered by Councillors and a Council position is adopted on the matters considered. The Mayor can invite firstly Councillors, secondly Officers, and then citizens in attendance to identify Council reports which should be given priority by the meeting and considered in the early part of the meeting.

NOTICES OF MOTION A motion which has been submitted to the Chief Executive Officer no later than 12 pm (noon) 10 days prior to the meeting which is intended to be included in the agenda. The motion should outline the policy, financial and resourcing implications.

NOTICE OF RESCISSION A Councillor may propose a motion to rescind a resolution of the Council, provided the previous resolution has not been acted on, and a notice is delivered to the CEO or delegate setting out the resolution to be rescinded and the meeting and date when the resolution was carried. If a motion for rescission is lost, a similar motion may not be put before the Council for at least one month from the date it was last lost, unless the Council resolves that the notice of motion be re-listed at a future meeting.

FORESHADOWED ITEMS This is an opportunity for Councillors to raise items proposed to be submitted as Notices of Motion at future meetings.

URGENT BUSINESS The Chief Executive Officer or Councillors, with the approval of the meeting, may submit items of Urgent Business (being a matter not listed on the agenda) but requiring a prompt decision by Council.

CONFIDENTIAL BUSINESS Whilst all Council meetings of Council are open to the public, Council has the power under the Local Government Act 2020 to close its meeting to the public in certain circumstances which are noted where appropriate on the Council Agenda. Where this occurs, members of the public leave the Council Chamber or Meeting room while the matter is being discussed.

CLOSE OF MEETING The Mayor will formally close the meeting and thank all present.

NEXT MEETING DATE The next Council meeting will be held on Wednesday 12 May 2021 commencing at 7 pm, in the Council Chamber, Moreland Civic Centre, 90 Bell Street, Coburg.

The next Council meeting designated to consider Planning and Related matters will be held on Wednesday 28 April 2021 commencing at 6.30pm.

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1. WELCOME

2. APOLOGIES/LEAVE OF ABSENCE

3. DISCLOSURES OF CONFLICTS OF INTEREST

4. MINUTE CONFIRMATION

The minutes of the Council Meeting held on 10 March 2021 be confirmed.

5. PETITIONS

Nil

6. PUBLIC QUESTION TIME

7. COUNCIL REPORTS

7.1 MORELAND INTEGRATED TRANSPORT STRATEGY - REVIEW 7

7.2 REDEVELOPMENT OF 33 SAXON STREET, BRUNSWICK AS A CREATIVE AND COMMUNITY FACILITY 126

7.3 DRAFT CHILDREN, YOUNG PEOPLE AND FAMILIES PLAN 2021-2025 134

7.4 PROPOSED SALE OF LAND FROM FORMER ROAD AND RESERVE REAR OF 33 RICHARDS STREET, COBURG 158

7.5 WITHDRAWAL OF REQUEST TO AUTHORISE AMENDMENT C193 AND COMMENCE PREPARATION OF AN ACTIVITY CENTRE ZONE FOR THE BRUNSWICK ACTIVITY CENTRE 164

7.6 PUBLIC HIGHWAY DECLARATION - STREETS, ROADS, LANEWAYS AND EASEMENTS NEAR WILKINSON STREET, BRUNSWICK 383

7.7 INFRASTRUCTURE 'S DRAFT 30-YEAR STRATEGY - COUNCIL SUBMISSION 393

7.8 TECHNICAL STUDY ON THE IMPACT OF 5G TELECOMMUNICATION FACILITIES 420

7.9 ACCESS TO LOCAL COMMUNITY NEWS IN MORELAND - RESPONSE TO NOTICE OF MOTION 450

7.10 TRANSPARENCY - DISCLOSURES OF RELATIONSHIPS WITH DEVELOPERS - RESPONSE TO NOTICE OF MOTION 464

7.11 CHARLES MUTTON RESERVE FEMALE FRIENDLY CHANGEROOMS - GRANT APPLICATION 470

7.12 REVISED COUNCILLOR GIFTS, BENEFITS AND HOSPITALITY POLICY 477

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7.13 GOVERNANCE REPORT - APRIL 2021 - CYCLICAL REPORT 496

7.14 FINANCIAL MANAGEMENT REPORT FOR THE PERIOD ENDED 28 FEBRUARY 2021 604

7.15 MICROSOFT SOFTWARE LICENCING AGREEMENT 618

7.16 CONTRACT RFT-P-2020-173 - PROVISION OF BLUESTONE, PAVING AND RETAINING WALL MAINTENANCE SERVICES 622

7.17 CONTRACT Q13558 – MOBILE GARBAGE BIN SUPPLY CONTRACT SPEND 626

8. NOTICES OF MOTION

8.1 FROM STRUGGLE TO PEACE: ADDRESSING THE WAR ON WASTE IN OUR HOMES, STREETS AND PARKS 629

8.2 SUPPORT FOR MYANMAR EVENT 632

8.3 ACCESSIBILITY AUDIT OF ACTIVITY CENTRES 633

8.4 CHARLES MUTTON RESERVE PLAYGROUND 635

8.5 COUNCIL’S AGED CARE SERVICE 637

8.6 BREARLY RESERVE PASCOE VALE SOUTH 639

8.7 ELECTION MATERIAL 641

8.8 TREES 643

8.9 KINGFISHER GARDENS - TRAFFIC MANAGEMENT AND PARKING 645

8.10 IMPROVING COMMUNITY OUTCOMES AT DOUGLAS RESERVE 647

8.11 BUILDING THE CYCLING INFRASTRUCTURE OF THE FUTURE 652

8.12 BUILDING EAST-WEST BIKE LANES IN MORELAND 655

8.13 UNDERSTANDING THE ENVIRONMENTAL AND HEALTH IMPACTS OF SYNTHETIC TURF IN MORELAND 657

9. NOTICE OF RESCISSION

Nil

10. FORESHADOWED ITEMS

Nil

11. URGENT BUSINESS

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12. CONFIDENTIAL BUSINESS

12.1 CHIEF EXECUTIVE OFFICER EMPLOYMENT MATTERS

Pursuant to section 3(1)(f) of the Local Government Act 2020 this report has been designated as confidential because it contains personal information, being information which if released would result in the unreasonable disclosure of information about any person or their personal affairs.

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7. COUNCIL REPORTS

7.1 MORELAND INTEGRATED TRANSPORT STRATEGY - REVIEW

Director City Futures Kirsten Coster City Change

Officer Recommendation That Council: 1. Notes the initial revisions to the Moreland Integrated Transport Strategy (MITS) 2019 at Attachment 1 in accordance with Council’s December 2020 resolutions abandoning two MITS actions relating to car parking (NOM60/20). 2. Endorses the commencement of further work to fully revise MITS 2019 and related documents including revised mode shift targets, implications for Council’s aspirations to achieve net zero carbon emissions by 2040, and potential additional MITS actions to meet mode shift and carbon emission objectives to continue to achieve this aspiration. 3. Receives a further report when the costs of this additional work has been fully scoped and costed, noting an early indication of this budget is in the order of $60,000 to $80,000. 4. Endorses the Draft Parking Management Policy (PMP) 2021 at Attachment 2 for community consultation, which includes the following changes to the existing PMP 2019: a) Formalising transitional parking policies developed in anticipation of implementing MITS parking restrictions that remain relevant including: i. Allowing all residents who have an accessible parking permit to access a resident parking permit regardless of where they live ii. Allowing residents who live in properties subdivided after August 2011 to apply for an exemption to access visitor permits, where they can provide evidence from a relevant professional that they have a special need for these based on factors such as age, disability, health or specific threat to personal safety iii. Providing a 50 per cent discount on business parking permits for registered charities and not-for-profits, schools and early years services b) Allowing businesses (not only residents) to access service parking permits to cater for tradespeople, removalists, etc. c) Revising the home visit permit for organisations that provide services to clients’ homes in Moreland to be based on daily permits as needed rather than annual permits d) Delegating authority to officers to make parking changes affecting no more than two parking spaces for safety or operational reasons consistent with the User Priority Guidelines in the PMP, and changes affecting more than two parking spaces where this is recommended by a road safety audit to address a safety issue e) Providing additional decision making guidance for the appeals process to allow consideration of undue disadvantage arising from special circumstances and where it is reasonable to make an exemption

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f) Removing references to implementation of MITS 2019 parking restrictions, other than relating to the Brunswick West and Hadfield areas where consultation will occur to determine whether there is community support to retain these restrictions g) Minor changes to car share permit eligibility, operation and fees h) Other minor changes such as updates to position titles, text revisions for greater clarity and reference to the new ePermit system 5. Notes that the Draft PMP at Attachment 2 does not include the following transitional permits options developed in anticipation of the MITS parking restrictions rollout, effectively discontinuing these once the final PMP is adopted: a) Transitional (additional) resident and business parking permits b) Daily parking permit for non-residents c) Ability to use business permits where MITS parking restrictions introduced d) Resident A parking permit e) Removed limit on number of business permits for registered charities and not- for-profits, schools and early years services 6. Endorses the Draft PMP for community consultation as outlined in section 7 of this report subject to the allocation of the necessary funds outlined in section 6 of this report which will be referred to the third quarter budget review process. 7. Notes benchmarking of parking permit eligibility and cost, as well as processes for considering changes to parking restrictions, at Attachment 3. 8. Notes the analysis of likely impacts of allowing smaller-scale post-August 2011 subdivisions to access resident parking permits (as requested by NOM6/20 and NOM60/20) at Attachment 4, including the recommendation not to allow these subdivisions to access resident permits. 9. Notes advice from Dr De Gruyter at RMIT University on a recommended approach to survey zero parking developments to determine their impact on on-street parking utilization, at Attachment 5. 10. Notes the human rights assessment and gender impact assessment relating to proposed changes to the Parking Management Policy at Attachment 6 and Attachment 7 respectively. 11. Notes that officers are preparing to consult the Brunswick West and Hadfield Neighbourhood Centre areas where MITS parking restrictions were introduced in December 2019 to determine whether there is community support to retain these restrictions, and will report on this consultation with recommendations to Council at a future meeting. 12. Notes the significant work involved in undertaking the consultation process for the revised PMP and further refining the MITS and, in particular, that limited progression will occur on the other MITS actions during this time while the extensive COVID transport program is continued to be rolled out as well.

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REPORT

Executive Summary In accordance with NOM60/20 this report contains a revised Moreland Integrated Transport Strategy (MITS) 2019 at Attachment 1 reflecting two primary changes to abandon expanded parking restrictions and planning scheme amendments to revise car parking rates within the Moreland Planning Scheme. It is not yet understood what the impacts of these changes are on the ability of the Strategy to achieve the transport mode shift targets and related Council aspirations to achieve net zero emissions by 2040 as set by Zero Carbon Moreland. It is therefore recommended that further work be undertaken to ensure that all other consequential changes that arise from the NOM60/20 revisions are appropriately considered before the revision process is completed. Also in accordance with NOM 60/20, a review of Council’s Parking Management Policy (PMP) has been undertaken. The PMP was initially adopted in 2011 and revised in 2018 and 2019. A key element of the PMP is that residents living in properties subdivided after August 2011 are not eligible for resident parking permits, to protect residents of pre-August 2011 housing from parking impacts of newer developments. Following Council’s decision in March 2019 (DCF12/19) to introduce parking restrictions in all Neighbourhood Centres and within 200 metres of all Activity Centres (the “MITS car parking restriction rollout”), a number of “transitional” parking policies were adopted in 2019 and 2020 to ensure the expanded restrictions did not result in unintended consequences, particularly in terms of impacting vulnerable or disadvantaged people. As a result of Council’s resolution to abandon the MITS car parking restrictions rollout, many of the transitional parking policies are currently only applicable in two Neighbourhood Centres in Brunswick West and Hadfield. As resolved by Council, officers have conducted a review of the PMP and proposed a number of changes, as shown in the Draft PMP 2021 at Attachment 2, which is recommended to be endorsed for community consultation prior to developing a final revised PMP. This has been informed by benchmarking against parking permit options and costs against a number of other Councils in . Key changes in the Draft PMP 2021 include: • Formalising some transitional parking policies relating to permit options for people with disabilities and others with special circumstances, and discounted permits for non- profits and organisations looking after children • Revising the permit option for organisations providing home care to vulnerable or disadvantaged clients to be offered on a daily rather than annual basis • Allowing businesses (not only residents) to access a permit option when requiring services from tradespeople, removalists, etc. • Delegating authority to officers to make parking changes affecting no more than two parking spaces for safety or operational reasons, and changes affecting more than two parking spaces where this is recommended by a road safety audit to address a safety issue • Providing additional guidance for decision making on appeals to allow consideration of special circumstances which may give rise to undue disadvantage. It is recommended to consult on discontinuing a number of transitional parking permit options which currently only apply in the Brunswick West and Hadfield Neighbourhood Centres, such as the resident A parking permit. It is also not recommended to expand resident parking permit eligibility to smaller-scale, post-August 2011 developments, as detailed in the review contained in Attachment 4.

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This report also contains advice on how surveys of multi-dwelling developments with zero off-street parking could be conducted to understand their impact on on-street parking demand at Attachment 5. Based on this advice and indicative costs, it is not recommended to conduct these surveys at this time. A comprehensive stand-alone human rights assessment and gender impact assessment of the Draft PMP 2021 are provided at Attachment 6 and Attachment 7 respectively. Previous Council Decisions NOM60/20 - Moreland Integrated Transport Strategy - Review – 9 December 2020 – Council resolution: That Council: 1. Reaffirms the objective of mode shift to more sustainable transport options, noting that this requires strong investment in public transport, cycling, walking and other sustainable transport infrastructure, as well as incentives and encouragements to take up sustainable transport. 2. Recognises that using sustainable alternatives to driving is difficult for many in Moreland, partly due to lack of investment in the public transport system by the state government, particularly in the North of Moreland. 3. Abandons the planned future parking restrictions arising from the Moreland Integrated Transport Strategy in all Major Activity Centres (Coburg, Brunswick and Glenroy) and all Neighbourhood Activity Centres, in favour of an approach to parking restrictions based on local need and usage. a. Undertakes a survey of the two Neighbourhood Activity Centres which already have MITS parking restriction to determine if there is community support for these parking restrictions, if there is insufficient support for the parking restrictions according to policy, the parking restriction be removed. 4. Abandons the planning scheme amendment proposed in the Moreland Integrated Transport Strategy, which would have allowed the removal of minimum car parking rates in developments and the setting of maximum car parking requirements in activity centres. 5. Receives a report in April 2021 which: a. Recommends amendments to the Moreland Integrated Transport Strategy to reflect the above changes to parking restrictions and parking requirements and acknowledge that some households require a car. b. Reviews the Parking Management Policy and existing parking permits with consideration given to: i. Availability and affordability of parking permits; ii. The possibility of allowing ordinary parking permits to dual occupancy and small subdivisions subdivided after the 2011 cut-off date, with a potential new cut-off of 2021 (as considered in NOM 6/20 on 12 February 2020); iii. Whether eligibility for Parking Permit A should be removed from medium and high-density subdivisions; iv. The best process by which local consultations may take place to consider changes to parking restrictions as contained in the Parking Management Policy c. Provides advice on approach for and cost of conducting a survey of Moreland’s existing zero car parking developments to identify impacts on street parking and other local residents. d. Includes a human rights assessment as required under the Charter of Human Rights and Responsibilities Act 2006.

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1. Policy Context The Council Plan 2017-21 includes Key Priorities to: • Facilitate a demonstrable shift to more sustainable modes of transport that also targets a long-term reduction in car use • Develop a clear and funded approach to achieve zero carbon emissions by 2040. The next Council Plan (for 2021-25) is currently under development. The Moreland Integrated Transport Strategy (MITS 2019) is Council’s strategy for transport decision making for the next decade and beyond, including achieving the mode shift envisaged in the Council Plan. Two of its four “headline actions” to achieve mode shift, which were abandoned by Council in December 2020, relate to car parking as a key lever available to Council. The other two headline actions are closing certain roads to vehicular through-traffic (while retaining walking, cycling and local vehicular access), and reallocating more road space to walking, cycling and public transport. Other actions in MITS 2019 include pedestrian and cycling capital works, behaviour change programs and advocacy to state government for public transport improvements. Council’s Parking Management Policy (PMP) sets out parking permits that are offered by Council to allow longer-term or all-day parking in areas with restricted parking, as well as the process by which different types of parking restrictions will be introduced or changed. The PMP seeks to provide a transparent mechanism for apportioning limited public parking spaces, balancing efficiency and equity, as well as the needs of multiple users. Council has recently adopted a new Community Engagement Policy to align with the new Local Government Act 2020. This policy states Council’s commitment to “provide our community with an experience of community engagement that is genuine, meaningful, convenient, friendly and modern”. It sets directions for how Council will engage with the community on decisions that impact them. 2. Background Moreland’s Parking Management Policy (PMP) was initially adopted in 2011 and provided a basis for consistent decision making on parking restrictions and parking permits to manage access to public parking among various user groups. It was revised with minor changes in 2018 and 2019. One of the key features of the 2011 PMP was that any residential property subdivided after August 2011 would not be able to access resident or visitor parking permits, in order to encourage new development to accommodate its expected parking demand on-site, and to protect the ability of residents of properties existing at that time to continue accessing on-street parking near their homes. In March 2019 (DCF12/19), Council resolved to introduce timed parking restrictions to all areas within Moreland’s twelve Neighbourhood Centres and within 200 metres of the Brunswick, Coburg and Glenroy Activity Centres, as part of implementing the Moreland Integrated Transport Strategy (MITS) 2019 (here in referred to as the MITS parking restriction rollout). Implementation of these restrictions has since been abandoned by Council (NOM60/20). In 2019 and 2020 a number of “transitional” parking policies were introduced to ensure the implementation of the MITS parking restriction rollout did not result in unintended consequences, particularly in terms of impacting vulnerable or disadvantaged people. These policies were to be reviewed in June 2022 to determine whether they should be retained or discontinued.

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Officers are currently preparing to survey two Neighbourhood Centre areas where the MITS parking restriction rollout occurred in December 2019 to gauge community support for these restrictions and whether they should be retained or removed (as resolved by Council in December 2020 – NOM60/20). Feedback from this consultation and recommendations for any changes to these parking restrictions will be brought to a future Council meeting. 3. Issues Amendments to Moreland Integrated Transport Strategy (MITS) 2019 to reflect Council resolution NOM60/20 In addition to MITS 2019 itself, related documents that were adopted by Council in March 2019 (DCF12/19) are the MITS Appendix and the Moreland Parking Implementation Plan 2019. All three documents are affected by Council’s decision to abandon Actions 1 and 2 in MITS 2019 (a planning scheme amendment to remove or reduce minimum parking requirements for new development in certain areas, and parking restrictions in certain areas, respectively). Indicative edits to MITS 2019 are shown at Attachment 1, including deletion of Actions 1 and 2, removed references to parking reform being a key direction of MITS 2019, and added references to the fact that some people need to drive. However, as the removal of Actions 1and 2 has implications for other aspects of the strategy which are yet to be assessed, further work needs to be undertaken particularly in terms of revising the transport mode shift targets in MITS 2019 or adding new actions to achieve the existing targets. MITS 2019 as initially adopted by Council (DCF12/19) had ambitious targets for an increased proportion of trips to be made by walking, cycling or public transport in the future with a decreased proportion made by car. These are now unlikely to be met, in the absence of additional directions and investment being included in a revised MITS. This further work may also identify implications for Council’s objective of reaching net zero carbon emissions by 2040, given the contribution of transport to community emissions as reflected in Council’s Zero Carbon Moreland 2040 strategy. Revised versions of MITS 2019, MITS Appendix and Moreland Parking Implementation Plan 2019 will be prepared for Council’s consideration prior to community engagement. Review of Parking Management Policy (PMP) Proposed revisions to the PMP are shown in track changes at Attachment 2. It is proposed to conduct community engagement on these changes prior to developing a final revised PMP for Council adoption at a future meeting. The following sections of this report outline the proposed response to the considerations for the PMP review detailed in Council’s December 2020 resolutions (NOM60/20), as well as the proposed approach to community engagement. Availability and affordability of parking permits Benchmarking of the availability and affordability of parking permits was conducted in February and March 2021 against twelve other councils in the Melbourne metropolitan area, based on costs for the 2020/21 financial year. Full details are shown at Attachment 3. All councils reviewed in the benchmarking exercise offered resident and visitor parking permits. Many councils also offered a permit for residents requiring a tradesperson or similar (called the “service permit” in Moreland). Only a few other councils offered business permits. Some councils offered other types of permits relating to community organisations, medical practitioners and live music venues.

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Resident permits Many other councils offered resident permits only to residents in certain properties, generally those constructed or subdivided before a particular date. This is discussed further in the next section of this report relating to resident parking permit eligibility for smaller scale new subdivisions. Moreland appears to be unique in allowing any resident with an accessible parking permit (formerly known as “disability parking permits”) to access resident parking permits, even if they live in housing subdivided after August 2011. This exemption was developed as a “transitional” parking policy to assist the community in adjusting to new MITS parking restrictions, and is proposed to be retained as permanent policy in the Draft PMP. A number of other councils, like Moreland, limit the number of resident parking permits to two per household (with some exceptions such as “grandfathering” – allowing residents who held a third permit prior to the adoption of the current policy to continue to do so). This includes council areas closest to Moreland such as Moonee Valley and Darebin. Moreland’s resident permit costs are generally comparable to those of the and the , and the price of the first permit per household is also comparable to the and (although prices for additional permits are lower in these municipalities. Permit costs are generally lower in other municipalities. Moreland also offers 50 per cent concession discounts to all Centrelink and Department of Veterans Affairs card holders, which is consistent with most other councils. In keeping with the benchmarking findings it is not proposed to make any changes to eligibility or cost for resident parking permits, other than to formalise the MITS transitional policy that allowed all residents with accessible parking permits to access resident parking permits, regardless of where they live. However, it is recommended to expand the decision making guidance in the appeals section of the Draft PMP to include a greater focus on considering special circumstances, whether strict application of the PMP is likely to result in undue disadvantage, and whether it is reasonable to make an exemption. This means exemptions can be made on a case-by-case basis while still upholding the operation of the permit scheme and the protection it offers to residents in pre-August 2011 housing. For example, a permit might be issued to a person who lives in post-August 2011 and does not have an off-street parking space, if they are experiencing domestic violence and their safety would be at risk if they needed to park a few minutes’ walk from their home. Visitor permits All councils reviewed in the benchmarking exercise offered visitor permits, generally to all households that were also eligible for resident parking permits. The majority of other councils offer visitor permits as transferrable annual permits, while Moreland offers visitor permit options on a daily and weekly basis. Other councils that offer shorter term visitor parking options are Melbourne (booklet of various short- term vouchers e.g. 3 hour and daily permits), Glen Eira (daily permits) and (three-day permits). Requiring residents to purchase daily and weekly permits provides access to these permits for those who require them, while helping to encourage use of non-car modes, off-street parking or unrestricted parking as the cost applies each time a permit is used (rather than purchasing an annual permit). This also helps ensure visitor permits are genuinely used for visitors, rather than as an additional resident permit.

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Where visitor permits are used occasionally, daily and weekly permit options are likely to be a cheaper option to the resident than annual based permits. Concession discounts are also available for visitor permits. Moreland also appears to be unique in offering an exemption to allow residents of housing subdivided after August 2011 to access visitor permits based on circumstances such as age or health, with a letter from a doctor or other relevant professional. This exemption process was introduced as a transitional policy in November 2019, and is now proposed to be formalised as ongoing policy. Tradesperson or service permits Many other councils offer permits that cater for tradespeople and similar professionals providing a service at residents’ homes. As with Moreland’s current policy, these generally relate only to works at residences rather than businesses. The fee charged by Moreland is similar or cheaper than that charged by many others, although some councils do not charge for this permit type. It is proposed to expand this permit offering to be available to businesses requiring tradespeople or removalists, not only residents. Business parking permits Moreland is one of only a few councils that offers business parking permits. Boroondara takes a similar approach to Moreland of issuing permits that can be used in dedicated business bays located in off-street car parks. Yarra provides permits that can be used for all-day parking in time restricted areas (with some exceptions such as on shopping strips and in restrictions shorter than one hour) within the relevant permit zone. The number of allowable permits is determined by the business frontage (generally one permit per ten metres of frontage). It is not proposed to make any changes to business parking permits at this stage, however an approach similar to that in Yarra could be considered if Moreland moves to an area based permit system in the future. Officers will continue to consider where further business bays could be provided. This will include working with the business community to understand times of peak demand so that these bays can be used by other users at other times of the day. Community organisation permits A small number of other councils provide permit options for community organisations and carers. These are free, however there may be limits on the number of permits per organisation or how the permits can be used. Moreland introduced a transitional policy in November 2019 to provide organisations providing services to clients in their homes with parking permits that provide exemption from timed restrictions of two hours or longer. This permit would have the same cost as a resident permit and apply on an annual basis. This transitional policy was based on the expectation that parking restrictions would be introduced in all Neighbourhood Centres and near all Activity Centres, removing the ability to access unrestricted parking in these areas. It is now proposed to modify this permit offering to apply to the same organisations but based on daily parking permits (similar to visitor permits) rather than annual permits. This is likely to reduce the risk of misuse (e.g. permits being used by a worker to park outside their own house, rather than for the intended permit) as there is greater opportunity and incentive for these organisations to ensure workers are only using permits for home visits.

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Daily permits may be cheaper for these organisations, as each daily permit is only required to be used when the worker is required to park in a time restricted area. Feedback from organisations providing services to clients’ homes in Moreland will be sought on this permit offering as part of consultation on the Draft PMP. Glen Eira also offers a parking permit for carers. Moreland’s visitor parking permit scheme caters for this need and includes concession discounts. Other permits Yarra offers a medical practitioner permit which allows parking in designated bays near hospitals or practices (not when visiting clients’ homes). It is not proposed to introduce this permit type in addition to the business parking permit which could be applicable. Yarra and Port Phillip offer musician parking permits which are issued to registered live music venues and allow musicians unloading equipment to park in loading zones even if they do not have a commercial vehicle. This permit type has not been included in the Draft PMP as there has been no engagement with live music venues on this topic to date. Engagement with live music venues will occur during consultation on the Draft PMP to inform development of the final revised PMP. Potential for smaller scale new subdivisions to access resident parking permits Currently, residents of all properties subdivided after August 2011 (where this resulted in an increase in the number of occupancies) are not eligible for resident parking permits. Exemptions are made for residents with accessible parking permits and can be made through the appeals process in the PMP. In investigating the potential to allow smaller-scale new subdivisions (for example, two- to four-lot developments) created after August 2011 to access resident parking permits, analysis was undertaken of the number, scale and location of post-August 2011 subdivisions in Moreland, as well as benchmarking against parking permit policies of other municipalities in metropolitan Melbourne. This analysis is at Attachment 4. Moreland’s resident parking eligibility rules are comparable to many neighbouring and similar councils in terms of excluding all housing built or subdivided after a certain date from resident permits (although Moreland’s cut-off date is later than many other councils). A comparison of Moreland’s resident parking eligibility rules against other councils in Melbourne is shown in the following table: Municipality Date of developments Size of developments excluded excluded Moreland Subdivided after August Any increase in the number of 2011 properties Banyule Built after November 2010 More than four dwelling on a lot Bayside N/A More than two dwellings on a lot (any date) Boroondara Built after July 2011 All - some units/apartments built between 2001 and 2011 also ineligible Darebin Constructed after December All 2004 Maribyrnong N/A More than two dwellings on a lot in the Footscray area (any date) Moonee Valley Subdivided after January All 2006

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Municipality Date of developments Size of developments excluded excluded Port Phillip Constructed after October Any increase in the number of 2002 properties Stonnington Construction began after Number of dwellings increased by March 2007 more than one Yarra Certificate of occupancy All issued after December 2003 The analysis finds that allowing smaller-scale, post-August 2011 subdivisions to access resident parking permits would have a greater impact in areas with a high proportion of these types of development. For example, 87.2 per cent of post-August 2011 subdivided properties in Fawkner are four-lot or smaller, with 81.1 per cent in Glenroy and 81 per cent in Oak Park. This analysis concludes it is not recommended to expand resident parking permit eligibility to smaller-scale subdivisions created after August 2011 as this change is likely to: • Reduce the ability of the current scheme to protect the ability of residents of pre- 2011 housing to park near their homes • In particular, have a significant impact on suburbs such as Glenroy that have a large number of smaller-scale new subdivisions (1,179 lots created since August 2011 in four-lot developments or smaller) • Reduce the ability of Council to protect pre-2011 residents from the parking impacts of future, smaller-scale development (as some post-2011 residents will be eligible for resident parking permits). This change may cause dissatisfaction to residents of pre-August 2011 housing who were concerned about the impact of recent, smaller-scale development on their ability to park in their street but received assurance from Council that this development would not be able to access resident parking permits (including as detailed as a note on every planning permit for these developments). The ability to manage on-street parking and protect against the impact of future, smaller-scale development could be retained by introducing a further cut-off date, whereby all future development (e.g. subdivided after December 2021) would be ineligible for resident parking permits (including smaller-scale development). This change is also not recommended as it is likely to: • Further complicate the permit system and make it difficult for residents to understand if they are eligible for a resident parking permit • Introduce a further arbitrary cut-off date into permit eligibility criteria • Result in further pressure for Council to create further changes which compromise Council’s ability to effectively manage on-street parking and encourage new development to provide off-street parking to cater for demand. Potential to exclude medium and higher density subdivisions from access to resident A parking permit The resident A parking permit was introduced by Council in February 2020 (DCF2/20) to provide parking options for residents of post-August 2011 subdivisions (who are not eligible for resident parking permits) specifically where MITS parking restrictions were to be introduced.

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The resident A parking permit differs from the regular resident parking permit in that it only allows exemption from MITS parking restrictions (“2P 8am-8pm Mon-Fri”) and not any pre-existing restrictions. In this way, it allows residents of post-August 2011 housing to continue parking only in the locations that were previously unrestricted, and does not allow exemption from pre-existing restrictions (thus retaining the protection and priority afforded by the regular resident parking permit). As Council has abandoned future implementation of MITS parking restrictions (NOM60/20), the only locations where the resident A parking permit is currently able to be used are the two Neighbourhood Centres in Brunswick West and Hadfield where MITS parking restrictions were introduced in December 2019. Only two resident A permits have been issued and currently active. There are currently 77 properties across these two Neighbourhood Centres which are eligible for the resident A permit – all but one building (11 apartments) in Brunswick West are townhouse developments ranging from three to seven townhouses each. Given the resident A parking permit will only apply to very limited areas of Moreland (given the abandonment of future implementation of MITS parking restrictions) and has low uptake even in these areas, it is proposed to discontinue this permit type. As such, it is not included as a permit type in the Draft PMP at Attachment 2. The two resident A permits that have been issued will remain valid until they expire or no longer applicable (if MITS parking restrictions are removed following consultation) but will not be able to be renewed if discontinued. The permit holders will be contacted to advise of the proposed discontinuance of this permit option if resolved by Council and would be entitled to a pro-rata fee refund. Preparation for consultation is currently underway to determine whether the MITS restrictions should be kept in these two areas. If the restrictions are removed, the resident A parking permit will not be able to be used anywhere in Moreland, even if it was not discontinued. Consultation process for local changes to parking restrictions Benchmarking against other councils’ parking policies (Attachment 3) included analysis of their processes for considering changes to parking restrictions. These processes generally fell into one of two broad categories: • Broad delegation to officers to make changes to restrictions usually based on considering community feedback (e.g. Darebin, Moonee Valley) • More limited delegation based on certain thresholds being met, relating to levels of community support and/or parking occupancy rates (e.g. Yarra, Stonnington, Port Phillip) Moreland’s current policy falls into the latter category, with delegated authority to introduce parking restrictions conditional on mail surveys sent to all affected properties (including those not eligible for permits), a response rate of at least 25 per cent and a support level of at least 60 per cent (of responses). The change can also be made under delegation if occupancy is at least 80 per cent for a period of four hours (regardless of the consultation outcome). A number of other councils use similar approaches but use different thresholds. For example, the City of Boroondara requires 75 per cent parking occupancy to consider a request, then makes the change if 55 per cent of consultation feedback is supportive (with no minimum response rate). In addition to a review of publicly available information on councils’ website and parking policies, discussions were held with officers at the City of Yarra and City of Darebin to better understand their processes and whether officers believed these processes were working well.

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Discussions with these councils concluded that both types of process worked well in these municipalities. The benefits of the broader delegation approach (Darebin) seemed to be that officers had greater ability to apply professional judgement on appropriate solutions (informed by community consultation), while the limited delegation approach (Yarra) provided consistency and transparency. It is not proposed to make any changes to the PMP to revise the process by which potential changes to parking undergo community consultation and increase the delegated authority to officers in terms of general changes to parking restrictions (except for safety or operational reasons as previously detailed). However, officers will investigate whether changes could be considered at a precinct or area level (rather than street-by-street) and bring these to Council for approval as appropriate (rather than seeking to make these changes under delegation). Advice on conducting survey of zero parking developments Many planning applications seek a reduction in parking requirements to provide off- street parking at a level lower than the rate specified in the Moreland Planning Scheme. Currently, the parking requirements in the Moreland Planning Scheme do not differ greatly depending on location and apply one of two standard rates specified in the state-wide Victoria Planning Provisions (called “Column A” and “Column B” rates). For residential developments, regardless of location, this means that a permit is required to provide less than one parking space per one or two bedroom dwelling, and less than two spaces per three bedroom dwelling. The requirement for visitor parking depends whether Column A or B rates apply. The vast majority of applications for parking reductions are to provide a reduced level of parking but not zero parking for the whole development. A review of all planning permits in Council’s digitised records has indicated the only multi-dwelling development approved to provide zero parking and has been constructed is 9-11 Florence Street Brunswick (“The Commons”, comprising 24 dwellings and ground floor retail). A number of developments have been given planning permission to provide zero parking but have not yet been developed: • “Nightingale Village” on Duckett Street, Brunswick (multi-building development, with some buildings containing zero parking) • 209 Sydney Road, Brunswick (“Nightingale Terrace” comprising 20 dwellings) • 211-213 Sydney Road, Brunswick (comprising 20 dwellings) • 11A Breese Street, Brunswick (comprising 12 dwellings) • 313 Lygon Street, Brunswick East (comprising two dwellings and ground floor commercial use) In addition, many houses, particularly in the south of Moreland, do not have off-street parking and were constructed prior to the introduction of minimum parking requirements. Dr Chris De Gruyter of RMIT University was engaged to provide advice on an appropriate methodology to survey zero parking developments to understand their impact on usage of on-street parking. Dr De Gruyter’s research specialises in the impact of new developments on transport networks and he has previously published peer-reviewed research involving surveying new residential developments to understand travel behaviour.

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Based on a review of peer-reviewed research, Dr De Gruyter’s advice (at Attachment 5) indicates that the best methodology is to conduct person counts and intercept surveys, with a surveyor at each building access point. People leaving the building would be asked what mode of transport they are about to use, whether they own a car and where the car is parked. A limitation of this approach is the potential for social desirability bias (tendency for respondents to answer questions in a way they feel will be viewed favourably by others). In this context, this may see people not responding if they park a car on street and feel that Council or neighbours may disapprove or providing untrue answers. However, this approach is likely to achieve a higher response rate than a mail survey and does not involve privacy issues that would result from analysis of CCTV footage. Based on assumed hourly rates and standard timeframes for conducting surveys, it is likely that surveying a building with two access points would cost in the order of $4,440 if all work was conducted by consultant surveyors. The cost would be reduced if some or all work was conducted by officers however this would require reallocation of officer time and impact the delivery of existing projects, including MITS implementation and active travel projects responding to the COVID-19 pandemic. Based on this advice, including the likely costs and limitations inherent even in the most appropriate survey methodology, it is not considered proceeding with these surveys represents good value for money for Council. However, if Council wished to conduct these surveys, it is recommended that two surveys be conducted of a zero parking development and a comparable development (e.g. similar age, scale, location) containing off-street car parking, in order to understand the relative impact on on-street parking. Based on the advice provided by Dr De Gruyter, surveying two developments may cost in the order of $10,000 (subject to the number of building entrances, length of survey hours and hourly cost for consultant surveyors). It should be noted that, where newer developments result in increased occupancy of on-street parking and issues for residents of older housing, Council can consider requests to introduce parking restrictions to provide greater priority for residents of older housing. Residents living in housing subdivided after August 2011 are not eligible for resident parking permit (except accessible parking permit holders). Human Rights Considerations A number of rights in the Charter of Human Rights and Responsibilities are engaged by the proposed changes to the PMP, in particularly the right to freedom of movement (section 12) and right to recognition and equality before the law (section 6 – this relates to discrimination including indirect discrimination). A human rights assessment relating to the PMP is at Attachment 6. This includes the proposed changes to the PMP as well as pre-existing policies that are not proposed to change, particularly excluding residents of housing subdivided after August 2011 (except accessible parking permit holders) from accessing resident parking permits. The assessment concludes that the changes to the PMP proposed in this report will have a positive impact on human rights as they provide more options for people with disabilities and others who would be particularly disadvantaged if they did not have access to parking options. The exclusion of most residents in post-2011 housing from accessing resident parking permits may limit their freedom of movement and may also limit their right to recognition and equality before the law. However, this limitation must be balanced against the benefit that this exclusion provides in terms of protecting the ability of existing residents to park near their homes and encouraging occupants of new developments to obtain and use off-street parking.

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This limitation is also mitigated by exemptions and avenues for appeal in the PMP which allow for consideration of case by case circumstances where people would be disproportionately impacted by not being able to access a parking permit. Overall, the human rights assessment concludes that the Draft PMP at Attachment 2 does not unreasonably limit the human rights of any person and provides an overall positive impact to human rights in Moreland. Gender Equality Considerations The Gender Equality Act 2020 requires Council to undertake a gender impact assessment when developing or reviewing any policy, program or service which has a direct and significant impact on the public. It is considered that the Draft PMP 2021 at Attachment 2 will have a direct and significant impact on the public once the final PMP is adopted by Council later in 2021 following consultation on the Draft PMP. A gender impact assessment has been undertaken on the Draft PMP 2021 and is at Attachment 7. This gender impact assessment concludes that the Draft PMP 2021 is likely to have an overall positive impact on gender equality and inclusion, as the recommended changes to the appeals process in the PMP allow for greater consideration of special circumstances on a case by case basis. In terms of gendered impacts, this may include circumstances such as domestic violence or other gendered violence, or unpaid care responsibilities for children or a person with a disability. Any decision would be made considering the impacts on and rights of all parties involved. 4. Community consultation and engagement No community consultation was undertaken in the preparation of this report. In developing the Draft PMP regard was given to community feedback that had been provided in the past. The proposed approach for consultation on the Draft PMP is detailed in section 7 of this report. The proposed approach for community consultation on the revised MITS is outlined in section 7 of this report, and further detail will be provided when the further work recommended in this report is presented for Council’s consideration. 5. Officer Declaration of Conflict of Interest Council officers involved in the preparation of this report have no conflict of interest in this matter. 6. Financial and Resources Implications The proposed changes to parking policy in the Draft PMP (Attachment 2) are likely to have minimal impacts on revenue, although will have resource implications to implement new processes. Revenue impacts may be more significant if Council makes different decisions to what is recommended by officers, such as reducing permit costs. Mail notification will be sent to all properties within areas where MITS parking restrictions were to be implemented, advising of Council’s decision in December 2020 (NOM60/20) not to proceed with these changes. This letter will also advise of the opportunity to provide feedback on the Draft PMP. This mailout is expected to cost in the order of $45,000 given the large number of properties and can be paid for using within existing budget provisions.

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Consultation on the Draft PMP will also have implications on officer resources and will require engaging external communications and engagement support having regard to existing workloads within the Transport, Communications and Engagement Units. This is expected to cost in the order of $10,000 to $15,000. These funds will be sought through the third quarter budget review process. Further review of MITS 2019 and related documents to ensure they align with Council’s resolutions in December 2020 (NOM60/20) are likely to require substantial officer resources and external expertise, particularly to revisit mode shift targets and impacts on Council’s aspirations to achieve net zero carbon emissions by 2040. These resources require further scoping if Council supports this additional work. Early estimates suggest that a budget of $60,000 to $80,000 would be required. This further work is likely to recommend additional actions and investment to achieve these targets in the absence of car parking reform and is appropriately consulted with the community. Costs in relation to this future engagement will be presented in a further report to Council when the full extent of recommended changes to the MITS has been reviewed. 7. Implementation Subject to Council’s endorsement of the Draft PMP (Attachment 2), community engagement will be undertaken on the proposed changes to parking policies. This will include exhibition of the proposed changes (and explanatory documents) on a Conversations Moreland webpage, as well as targeted engagement with key stakeholders such as organisations that provide health care services to clients’ homes in Moreland, Council’s Disability Working Group, and local business communities. A letter will also be sent to all properties in areas where MITS parking restrictions were previously planned to be introduced, advising of Council’s decision (NOM60/20) to abandon these restrictions. This letter will advise of the opportunity to provide input on the Draft PMP. The opportunity to input on the Draft PMP will also be promoted through Council’s webpage and social media, as well as through stakeholder networks. Further work will continue on a full revision of all MITS documents with respect to the December 2020 resolutions (NOM60/20), including revision of mode shift targets, impact on net zero carbon emissions objectives and any potential further actions recommended to be included in MITS 2019. The timeframes for next steps are, indicatively: • Finalising preparations for PMP consultation period: mid-late April 2021 • PMP consultation period: early May – early June • Analyse consultation findings and develop final PMP: early June – early July • Report back to Council with final revised PMP and full revision of MITS documents for community consultation: August or September 2021 meeting Attachment/s 1⇩ Indicative edits to MITS 2019 following Council decision NOM60/20 D21/114320 2⇩ Draft Parking Management Policy 2021 - for endorsement D21/114322 3⇩ Benchmarking of parking permit eligibility and costs against other D21/114325 councils in Melbourne 4⇩ Analysis on likely impacts of allowing smaller scale post August 2011 D21/114327 subdivisions to access resident parking permits 5⇩ Advice on conducting surveys of zero parking developments - Dr D21/114330 Chris De Gruyter, RMIT University 6⇩ Human Rights Assessment - Draft Parking Management Policy 2021 D21/114331 7⇩ Gender Impact Assessment - Draft Parking Management Policy 2021 D21/124964

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7.2 REDEVELOPMENT OF 33 SAXON STREET, BRUNSWICK AS A CREATIVE AND COMMUNITY FACILITY Director Engagement and Partnerships Joseph Tabacco Places and Major Partnerships Projects

Officer Recommendation That Council: 1. Notes progress to redevelop 33 Saxon Street, Brunswick as a creative and community facility in accordance with the Strategic Framework, 2017 and the endorsed concept of July 2020. 2. Endorses the proposed financial approach to deliver the redevelopment project, as described in Table 2 of this Council Report. 3. Notes progress towards reaching an agreement with Brunswick Neighbourhood House, as described in this Council Report, for relocation of their services from 16 Garden Street, Brunswick to a redeveloped 33 Saxon Street. 4. Commences the public procurement process to seek a partner organisation as a site and community manager to deliver the vision and objectives at the redeveloped 33 Saxon Street.

REPORT

Executive Summary A Council owned site, 33 Saxon Street, Brunswick, is being prepared for redevelopment as a vibrant creative and community facility and new urban park. Strategic planning, community engagement and the successful activation period, known as “Siteworks” (2016 – present), has provided the blueprint for the redevelopment project. Council endorsed a redevelopment concept in July 2020, which was costed at $13.4 million. This report recommends a key gateway decision in delivery of this project, by progressing with appointment of a site and community manager, and noting the proposed approach to financing the project. This report also highlights progress towards supporting the relocation of part of the Brunswick Neighbourhood House (BNH) to the redeveloped site. It is recommended to continue feasibility studies and engagement with the BNH with a view to confirming the relocation details within the next 12 months. Design procurement is also underway, and the project is tracking well for delivery within this Council term. Previous Council Decisions Redevelopment of Council Property at 33 Saxon Street, Brunswick – Revised Concept – 8 July 2020 That Council: 1. Endorses concept design principles of Option D, as indicated in the massing diagram at Attachment 1 to this report, for 33 Saxon Street, Brunswick. 2. Progresses Option D to detailed design development. 3. Engages with and involves key stakeholders, including the Brunswick Neighbourhood House, in this design stage of pre-development. 4. Develops a ‘Shovel Ready’ advocacy proposal and actively seek State and Federal infrastructure grant funding opportunities.

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1. Policy Context Council Plan 2017-2021 R3b): Saxon Street Hub: implement strategic plan to guide future use and development of the Hub. 2. Background The site, in the heart of Brunswick’s civic and cultural precinct, was purchased by Council in late 2010. In 2016, the site opened as ‘Siteworks’, a ‘low-cost and low tech’ community and creative facility, with the aim of activating the site and testing proposed outcomes and uses. Blak Dot Gallery, an independent first nations gallery, has also been established on site since 2016. The site is hosted by skilled operators who are contracted to Council on a cost recovery model. Since 2016, Siteworks and Blak Dot Gallery have been integral in transforming the former school site at 33 Saxon Street into a vibrant creative and community facility. This activation of the site has provided the blueprint for how Council and the community envision its future. In 2017, Council endorsed a Strategic Framework for redevelopment of the site. This document describes a vision, strategic objectives and the uses to be included in site redevelopment. Based on the Strategic Framework, Council undertook extensive community engagement and engaged architects to develop Concept Plan options. The cost of redevelopment is estimated at $13.4 million, aspiring to deliver a facility that can operate on an ongoing ‘cost recovery’ model. The vision for the redeveloped 33 Saxon Street is: “33 Saxon Street is both an oasis of calm from the busy-ness of Sydney Road and a hive of cultural and community activity. The purpose of 33 Saxon Street is to address contemporary social needs through creative and cultural activities, drawing on the skills and resources of the private and community sectors This common purpose is realised through strong independent governance commitment to active programming of spaces, and an ethos of collaboration and participation.” (Strategic Framework, 2017). The following uses are being incorporated into design and costing of the redeveloped site: • Public Open Space • Community Gathering Rooms • Maternal Child Health • Creative Production Spaces • Creative Exhibition Space • Brunswick Neighbourhood House facilities • Occasional Care • Income generating tenants (creative industries & café). The precise floorspace allocations for each use will be determined following detailed design and costing exercises, which is expected to be complete by early 2022. 3. Issues Significant staff resources have been devoted to the project since Council endorsed the revised redevelopment option in July 2020. As of April 2021, project progress includes: • Procurement of a design team - five design teams have been shortlisted from a very strong field of 28 bidders.

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• Market soundings and preparation of documentation to procure a long-term community manager for the site. • Engagement with the Brunswick Neighbourhood House regarding relocation to the redeveloped site. Establishment of terms of reference and a working group to establish clear understanding of the proposition. • Re-establishment of the Councillor Oversight Committee for this project. This Advisory Committee convened on 3 March 2021 and its members include the Mayor, South Ward Councillors, CEO and Director Engagement and Partnerships. This project is well positioned for delivery this Council term. There are two Council decision gateways in 2021 to progress this project as described in the table below. The coming gateway is scheduled for April 2021. Table 1: Council Decision Gateways on Redevelopment of 33 Saxon Street

Decision Points Timing

Gateway 1 July 2020 • Endorse revised “Concept Plan D” • Noting cost of $13.4m • Noting types of uses and vision consistent with Strategic Framework

Gateway 2 April 2021 • Note progress on project delivery • Endorse proposed financial approach for project • Note progress on Brunswick Neighbourhood House relocation • Commence site manager public procurement process

Gateway 3 Late 2021 • Endorse operator • Commence formal public notice procedures • Endorse Stage 2 architect • Note engagement outcomes and updated concept

Site Manager Council seeks an ambitious range of social, environmental, cultural and economic benefits from site redevelopment. In 2017, Council described these benefits as: • More active and connected community; • Improved financial performance of Council assets; • Increased number of community and cultural events; • Local economic benefits; and • Heritage and cultural preservation. Noting the multi-use nature of the site, with multiple tenants, diverse user groups and casual visitors, management and governance post-redevelopment will have a strong influence on how well these benefits are delivered. The experience from Siteworks, and review of similar community and cultural facilities, it is recommended that the site has a specialist an on-site management organisation providing hub leadership and property management services. This role includes, but is not limited to: • Facility development strategy and planning (post construction);

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• Marketing and promotion of the facility; • Tenant attraction, selection and confirmation; • Rent collection and management; • Payment of outgoings • Tenant liaison, support and management; • Managing short term bookings of multipurpose rooms in accordance with agreed standards; • Property maintenance (noting it is recommended that Council retain responsibility for building insurance and larger maintenance items, subject to confirmation); • Supplier management (including security and cleaning); • Cultivating community, connection and collaboration among the tenants; and • Reporting: financial returns and social impact plus operational reports to Council. Council officers have undertaken preliminary market sounding with a pool of potential site managers / operators. It is worth noting that interested parties are specialist organisations with values broadly aligned with those of Council. It is recommended to commence a procurement process to seek a head lessee for the redeveloped site, or other appropriate management agreement. The procurement process will test their skills and capacity to manage the project on an ongoing basis, and also test the cost model that they propose. Following the procurement process, the details of the potential arrangement between Council and the recommended operator will be understood. Officers will then brief Council and make recommendations in relation to the operator arrangements, most likely in late 2021. Brunswick Neighbourhood House (BNH) Relocation Neighbourhood Houses play a critical role in strengthening individuals and the Moreland community. The diverse range of services provided across all age groups in a safe, supportive environment places them in a unique position as key organisations that are regularly in touch with and service many of the most marginalised and vulnerable in our community. Council commits to ongoing support in the areas of facility provision, operational funding and in-kind support. Brunswick Neighbourhood House was established in 1980 and initially operated from 18 Garden Street, Brunswick, a venue they still operate today. In 2001, Moreland City Council gave BNH the management and sole use of 43a De Carle St as a secondary venue. Today, across two venues, BNH offer a variety of educational, recreational and social support programs and services to the diverse community of Brunswick and surrounding areas. Brunswick Neighbourhood House's purpose is to sustain and enrich the Brunswick community by offering opportunities to learn, create and interact. The BNH has had a long-standing desire to relocate to 33 Saxon Street. To facilitate this discussion, officers are engaged in a relocation working group with the BNH. Terms of reference for this group have been agreed and the group has met six times since late 2020. The agreed scope of this relocation group is to: a) Examine the feasibility of locating the BNH to a redeveloped 33 Saxon Street including the potential for collaboration with other stakeholders for the overall benefit for the community.

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b) Discuss key elements of the move and make combined recommendations to the relevant parties including the Board of the BNH and the full Council of Moreland which will address the following: (i) Confirm BNH desire to move to a redeveloped 33 Saxon Street; (ii) Site Governance and site management responsibilities in the new facility; (iii) Ongoing engagement with Council’s appointed design team; (iv) Confirmation that 18 Garden Street, Brunswick is being returned to Council for sale to help contribute to Saxon Street redevelopment costs; (v) The future use of 43a De Carle Street, noting BNH desire to retain a lease; (vi) Consider the respective contributions of both parties towards moving costs and new facility fit out costs; and (vii) Confirm BNH’s space allocation at Saxon Street. As the project is still at early stages all of these matters have not yet been resolved. At this point, it is recommended that officers continue discussions with BNH to understand their requirements and aspirations in more detail, and test the feasibility of these. Matters discussed to date, and operating assumptions include: BNH will give up 18 Garden Street to help contribute to redevelopment costs; BNH will pay a peppercorn rent for floorspace in the new premises and will cover utility costs; and Floorspace allocation and BNH fit out costs in the redeveloped building have not yet been finalised, but will be recommended based on assessment of these elements: a) Existing premises, floorspace and services delivered, proposed new services b) Review of recent neighbourhood house ‘health checks’ c) Feasibility of construction and operations costs of the new facility, and overall project viability d) Ability to co-contribute to costs. Ongoing engagement with the BNH will occur over the next 12-24 months around relocation on design, build and governance of the new facility. It is expected that final agreement on floorspace allocation, fit out costs and other relevant matters will be presented to Council as recommended resolutions before the end of 2021. Community impact This redevelopment is anticipated to provide a long-term creative and community asset in the heart of fast growing Brunswick. This will have a positive impact on community life in central Brunswick. Climate emergency and environmental sustainability implications A redeveloped site will be designed to incorporate the most suitable and practical ESD measures, consistent with the budget allocation. Aside from this, the matters outlined in this progress report have no direct climate emergency or environmental sustainability implications. Economic sustainability implications Redevelopment of 33 Saxon Street will see approximately 100 jobs in the community and creative sectors on site. It will also act as a catalyst project for the emerging Brunswick Design District (a place-based partnership between Moreland, RMIT and Creative Victoria). Legal and risk considerations This report and recommendations have been reviewed by Council’s appointed legal advisors and their views have been taken into account.

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Human Rights Consideration The implications of this report have been assessed in accordance with the requirements of the Charter of Human Rights and Responsibilities and there are no adverse impacts. The human rights considered as part of the preparation of this report relate specifically to freedom, dignity and equity. 4. Community consultation and engagement A range of community engagement activities have occurred to obtain community input into the redevelopment. Extensive community engagement in 2018 was based on the vision, objectives and uses in the endorsed Strategic Framework. The results of which informed development of concept plans. The current concept plan is consistent with feedback received and our endorsed Strategic Framework. As such, the scope of the project is largely set and in accordance with our Community Engagement Policy. Community engagement on this project will have the following goals: • To share information with stakeholders and the public about the project and the opportunity to engage on specific elements (i.e. the public open space design); • To create stakeholder and public satisfaction with the information process; • To meet requirements for lease of public land; and • To generate knowledge and support for the redevelopment. A community engagement and communications plan has been developed on this basis. A range of engagement and communication activities to generate interest and support for the project. It is expected that the next round of community engagement activities will occur from May 2021. Stakeholder Engagement Stakeholders have been engaged on a deeper level to discuss the redevelopment project, these include: • Ongoing discussions with Siteworks site management team. These discussions include transition planning for current users and operators of Siteworks and communications around future redevelopment; • Ongoing discussions with Blak Dot Gallery team including discussions around transition planning and the end of the Blak Dot lease period (2021); and • The Brunswick Neighbourhood House (a Feasibility Working Group has been established). Internal and Councillor Consultation Council established the 33 Saxon Street Oversight Committee for this project in November 2019. This Advisory Committee consists of the Mayor, South Ward Councillors, the Chief Executive Officer and Senior Officers. A meeting of this Advisory Committee took place on 3 March 2021. This group is expected to continue to convene over the life of the redevelopment project. The Project Board has been advised by expert property consultants, legal and probity advisors. Communications A communications plan has been developed for this project. Following a Council decision, relevant aspects of this plan will be implemented, including updating Council’s webpage and engaging with relevant stakeholders as the project moves to the next phase.

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Key messages for this project are: • Since 2016, Siteworks and Blak Dot Gallery have been integral in transforming the old school site at 33 Saxon Street into a vibrant creative and community hub; • Their activation of the site has provided the blueprint for how Council and the community envision its future; • Council is seeking to redevelop 33 Saxon Street Brunswick and further transform it into a state-of-the-art community and creative facility; • The redevelopment will provide much needed jobs during and after the redevelopment, particularly in the creative sector that has been particularly hard hit by the pandemic; • Redevelopment of 33 Saxon Street will create a significant community and creative asset in the heart of Brunswick; • A significant new urban park will be created at the site; • Council is committed to ensuring the redeveloped site remains a welcoming, dynamic and affordable space for artists and the community; • The site will be a hub for creativity and innovation that supports and facilitates art and design’s contribution to Brunswick’s creative economy and attracts visitors from Moreland and beyond; • It will attract and support a variety of community, creative and commercial uses in the heart of the designated Brunswick Design District, that respond to the needs of Moreland’s growing community; • The site will be independently and expertly managed by a qualified operator; and • A suitable governance model will allow for the site to be appropriately managed. 5. Officer Declaration of Conflict of Interest Council officers involved in the preparation of this report have no conflict of interest in this matter. 6. Financial and Resources Implications A key focus for Council is ensuring that costs of redevelopment and operation of the site are carefully managed within financial constraints. Table 2 outlines the proposed strategy for funding the redevelopment. In addition, it describes how annual operational costs and extent of subsidised spaces will be determined following procurement of a site manager. Further details of the cost model will be presented in future officer reports, once continued market testing is progressed. Table 2: Financial strategy for redevelopment of 33 Saxon Street. Funding Source Notes State and Federal Advocacy activities are being undertaken to invite Government government partners to help realise the project. Contributions through grants or low-cost loans Philanthropy Philanthropic bodies will be approached to invite their participation in the project Sale of 18 Garden To be sold after construction and relocation of BNH. A Street, Brunswick conservative valuation is estimated at approximately $1m+

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Funding Source Notes A Park Close to Home To construct the park (size of 2,000sqm), cost estimate of Fund around $1m Significant Projects Remaining capital costs are proposed to be drawn from Reserve (SRP)/Capital Council’s capital funding programs Works Program Site Manager Once testing the market for an operator is complete, the extent to which ongoing operational costs and subsidised spaces can be covered will be determined 7. Implementation Following resolutions from Council, the following actions will be undertaken: • Execute a funding advocacy campaign; • Commence Procurement Process to find a site manager; • Appoint design and build architects; • Undertake Community Engagement; • Continue to engage with Redevelopment of 33 Saxon Street Oversight Committee, the Brunswick Neighbourhood House and other key stakeholders; and • Report back to Council in late 2021. Attachment/s There are no attachments for this report.

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7.3 DRAFT CHILDREN, YOUNG PEOPLE AND FAMILIES PLAN 2021-2025 Director Community Development Arden Joseph Early Years and Youth

Officer Recommendation That Council: 1. Endorses for public exhibition of the draft Children, Young People and Families Plan 2021-2025 (Attachment 1). 2. Notes the draft Children, Young People and Families Plan 2021-2025 will be available for public exhibition for 21 days, 19 April to 9 May 2021.

REPORT

Executive Summary The draft Children, Young People and Families Plan 2021-2025 (the ‘Plan’) is an integrated strategy to guide the delivery of learning, development, health and wellbeing outcomes for children, young people and families in Moreland. The Plan will consolidate two existing strategies for children and young people, namely: Moreland Early Years Strategy 2016-2020 and Full Potential: A Strategy for Moreland’s Young People. Informed by community feedback and evidence the integration of these two strategies now forms an integrated plan for children, young people and families in Moreland and provide opportunities for collaboration, service enhancement and delivery across the age continuum, from birth to adulthood, 0-24 years of age. Although COVID-19 affected the methods used to engage with the community and stakeholders over 400 children, young people, parents, community members and local organisations provided ideas on how children and young people’s outcomes can be improved. The draft Plan has been developed within existing resourcing and does not have budget implications, however its implementation from 2021 to 2025 may require further resourcing and this will be addressed through subsequent budget processes as required. An Implementation Plan will be developed with a series of actions to address each objective. These actions will include Council’s role, timeframe for completion and resources required. Monitoring and evaluation will inform an annual report to Council and the community on progress and achievements in implementing the Plan. Previous Council Decisions Full Potential: A Strategy for Moreland’s Young People Action Plan 2020-2021 - 14 August 2019 That Council: 1. Adopts ‘Full Potential: A Strategy for Moreland’s Young People’ at Attachment 1 to this report, subject to the following amendments: a) At point 1.1 add at the end ‘drawing from a strengths-based approach’; b) Replace wording of 4.1 with the wording ‘Research the health and resilience of young people in Moreland, and support schools and other partners to respond to the research findings’;

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c) Replace 3.4 wording with the wording ‘support the delivery of a collective impact approach to improving employment outcomes for young people in Moreland, which will include monitoring and evaluating the work’. 2. Notes the contribution of young people and community in the development of ‘Full Potential: A Strategy for Moreland’s Young People’. 3. Notes a particular issue for young people is location of services and transport issues in getting to them and cost to access services and spaces, and requests that development of the Action Plan to guide the implementation of ‘Full Potential: A Strategy for Moreland’s Young People’, to be received by Council later in 2019, will include exploration of proposals for youth programs in the northern part of Moreland such as Fawkner and Glenroy, and proposals to deal with cost of services and cost of venues. Council adopted Full Potential: A Strategy for Moreland’s Young People Action Plan 2020-2021 – 11 December 2019 That Council: 1. Adopts the Draft Youth Action Plan 2020–2021 at Attachment 1 to this report. 2. Refers all non-resourced actions in the Youth Action Plan 2020-2021 to the Council budget process for further consideration. The Action Plan Included Action 1.3.2: Participate in the development of a 0-24 years policy continuum. This report presents the draft Children, Young People and Families Plan 2021-2025 (The Plan) which is the 0-24 years policy continuum.

1. Policy Context A major strategic objective of the Council Plan 2017-2021 is Connected Community. A Key Priority of this objective is to enhance family and children’s services to meet the needs of Moreland’s growing population and increasing birth rate. The Plan aligns with a range of International, Federal, State and local Moreland policies which focus on children and young people’s rights and responsibilities, supporting early childhood development, frameworks for improving health and wellbeing and increasing the participation of children and young people in decision making. These include the following key State policies: Victorian Early Learning and Development Framework; Maternal and Child Health Framework; Early Childhood Reform Plan: Ready for Schools, Ready for Life; Roadmap for Reform: Strong Families, Safe Children; and the Victorian Youth Strategy (under development - alignment with Discussion Paper Outcomes). 2. Background There is a strong evidence base on the conditions and interventions which make a difference in the lives of children and young people. There is also the understanding that where children have not had optimal experiences, additional support and interventions can change life trajectories. The following key findings from research have informed the development of the Plan: • Children and young people’s outcomes are influenced by the interaction between risk and protective factors; • Service providers working in collaboration results in better outcomes for children, young people and families; • Co-located and integrated models of service delivery benefit children, young people and families; and

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• Within these general factors there is also the interaction between risk and protective factors; risk factors provide a negative impact while protective factors provide buffering to challenges. Two theoretical approaches to improving outcomes for children have influenced the development of the Plan: • Ecological systems theory, which recognises that outcomes for children and young people are influenced by a range of factors including family, community, educational institutes and broader economic, political and social influences, also called ‘systems’. Rather than a single factor influencing outcomes for children and young people, it is the influence of these different systems and their collective impact; and • A life course approach compliments ecological systems theory as it highlights critical periods in life where additional supports interventions can be effective. These interventions can be targeted at important stages of life such as transition to primary school and secondary school, transition from school to employment, leaving the parental home and the transition to parenthood. Interventions during these transition points focus on minimising risks and enhancing protective factors and need to be adaptive to the age and development of the child and young person. 3. Issues Community impact The aspirations of the Plan will deliver multiple benefits for children, young people and families, improving access to facilities, services and supporting health, development, learning and wellbeing outcomes. An Implementation Plan will be developed with a series of actions to address each objective. These actions will include Council’s role, timeframe for completion and resources required. Monitoring and evaluation of the Plan is an important part of understanding its impact. A monitoring and evaluation framework with clearly defined measures will be developed. This will provide a clear framework for undertaking regular reviews of the Plan to monitor its success. Climate emergency and environmental sustainability implications The Children, Young People and Families Plan 2021-2025 presents an opportunity to further raise the awareness of Moreland’s children and young people about environmental sustainability and the implications of climate change. Economic sustainability implications The Plan has as one of its key aspirations to improve learning opportunities and educational outcomes for Moreland’s children and young people, which will have long term benefits in terms of young people’s capability to transition from education to employment and contribute to the City’s economic wellbeing. Human Rights Consideration The implications of this report have been assessed in accordance with the requirements of the Charter of Human Rights and Responsibilities and aligns with Councils Human Rights Policy. The Convention on the Rights of the Child, which forms part of the Universal Declaration of Human Rights, sets out children's right to: • education; • health care; • economic opportunity; • protection from abuse and neglect;

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• protection from sexual exploitation; and • protection from economic exploitation. Gender Impact Assessment In line with the new Victorian Gender Equality Act which came into effect on 31 March 2021, a Gender Impact Assessment will be undertaken in relation to how this Plan may have different impacts, or lead to different outcomes for people of different genders. The findings from this assessment process will be reported at the June 2021 Council meeting and may contribute to changes to the final recommended Plan. 4. Community consultation and engagement The current social distancing restrictions have impacted Council’s ability to undertake engagement through usual approaches. Therefore, Council officers adjusted their approach to community consultation on this matter using Conversations Moreland website, digital engagement tools, electronic community survey, video conferencing sessions for a series of network conversations, focus groups, youth workshop and stakeholder workshop and an electronic Children’s Activity. These adjustments were supported by increased promotion of the project through social media, direct email and postal promotional postcards. Over 400 children, young people, parents, community members and local organisations provided ideas on how children and young people’s outcomes can be improved. There were consultations undertaken with several external service provider networks with service provider organisations in attendance: • Fawkner Service Provider Network • Glenroy Service Provider Network • Southern Moreland Service Provider Network • Children’s Services Coordinators Network • Kindergarten Teachers Network • Family Violence Network • Family and Children’s Services Advisory Committee. Affected persons rights and interests The interests of children, young people and families may be affected by the draft Plan. They have had an opportunity to express their views through completing an electronic survey, involvement in focus groups and a youth workshop, and completing the Children’s Activity. Communications A detailed Communications Plan was developed to convey key messages of encouraging people to contribute to the Plan and provide feedback on how to improve the health and wellbeing of children, young people and families. These key messages were promoted through service provider networks, maternal and child health service, immunisation service, supported playgroups, kindergartens, childcare centre, family day care and schools. 5. Officer Declaration of Conflict of Interest Council officers involved in the preparation of this report have no conflict of interest in this matter. 6. Financial and Resources Implications The financial and resource implications of public exhibition of the draft Plan will be completed within the existing base budget.

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Implementation of the Plan in the period 2021 to 2025 may require further resourcing which will be addressed through subsequent budget processes and reports to Council as required. 7. Implementation Subject to Council approval, the draft Plan will be available for public exhibition for 21 days, 19 April – 9 May 2021 and comments will be invited. Following the public exhibition period of the draft Plan, a further Council Report will be presented with details of the comments received and any changes made. Endorsement of the Plan will be recommended in this further Council Report. An implementation plan will also be developed. Attachment/s 1⇩ EYPDO Draft Children, Young People and Families Plan 2021-2025 D21/110875

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7.4 PROPOSED SALE OF LAND FROM FORMER ROAD AND RESERVE REAR OF 33 RICHARDS STREET, COBURG Director Engagement and Partnerships Joseph Tabacco Property

Officer Recommendation That Council: 1. Notes the intention to sell the land from the previously discontinued road and reserve at the rear of 33 Richards Street, Coburg, known as Lot 6 on Plan of Subdivision PS419827K and contained in certificate of title Volume 10558 Folio 701, to the owner of 33 Richard Street, Coburg, by private treaty. 2. Authorises the Director Engagement and Partnerships to do all things necessary to effect the sale of Council's land to the owner of 33 Richards Street, Coburg.

REPORT

Executive Summary At its meeting on 8 November 1999 (DCD36), Council resolved to discontinue a road and reserve to the rear of 23 to 49 Richards Street, Coburg, shown shaded on the plan in Attachment 1 and to sell the land to the adjoining property owners. Several parcels of land from the former road and reserve were either sold at the time or in the years thereafter. Council has received a request from the owner of 33 Richards Street, Coburg, to acquire the land from the discontinued road and reserve adjoining the rear of their property. Council’s historical map records indicate the land from the former road has been enclosed within the fence boundary of 33 Richards Street, Coburg since 1966. The sale of this portion of land will legally formalise their occupation. The previous owners of 33 Richards Street were not interested in purchasing the land to the rear of their property. However, new owners of 33 Richards Street have now requested to purchase this land, meaning that Council can now enact the resolution and proceed with the sale. The purpose of this report is for Council to note the intention to now sell the land from the former road and reserve to the owner of 33 Richards Street Coburg.

Previous Council Decisions DCD36 PROPOSED DISCONTINUANCE OF VARIOUS ROADS (220/060/2) 8 November 1999 That - 1. Given that the reserve and rights of way at 23-49 Richards Street, Coburg, 24-26 Corraminta Street, Brunswick, 14-22 Allenby Street & 56-64 Dawson Street, Coburg and part of Gowanbrae Drive, Tullamarine as shown on the attached plans are not reasonably required for public use: 2. Council discontinue the roads in accordance with S206, Item 3 Of Schedule 10 of the Local Government Act 1989. 3. Council direct notices be published in the Government Gazette. 4. Council direct that the land from the roads be sold by private treaty to the owners of 23-49 Richards Street, Coburg, 24-26 Corraminta Street, Brunswick,14-22 Allenby

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Street & 56-64 Dawson Street, Coburg and Gowanbrae Estate, Gowanbrae Drive, Tullamarine. 5. Council assert that the discontinuance and sale will not affect any right, power or interest held by the Council or Statutory Authorities in the roads in connection with any drains, pipes or sewers under the control of those Authorities in or near the roads. 6. Council authorise the CEO to sign the necessary transfer of land documents.

1. Policy Context The Council Plan 2017-2021 articulates Council’s provision of a large range of services for our community. These externally facing service areas are supported by a range of Council teams that include the management of the community’s Council owned property and assets. Council’s Rights of Way Associated Policies 2011 and Rights of Way Strategy 2011 have been used in assessing this proposal. 2. Background Council has received a request from the owner of 33 Richards Street, Coburg, to acquire the land from the discontinued road and reserve adjoining the rear of that property. At its meeting on 8 November 1999 (DCD36), Council resolved to discontinue a road and reserve to the rear of 23 to 49 Richards Street, Coburg, shown shaded on the plan in Attachment 1 and to sell the land to the adjoining property owners. Several parcels of land from the former road and reserve were either sold at the time or in the years thereafter. The land at the rear of 33 Richards Street is shown hatched on the plan in Attachment 1, has not yet been sold. Council is the registered proprietor of the land which is contained within certificate of title Volume 10558 Folio 701 and known as Lot 6 on Plan of Subdivision PS419827K shown in Attachment 2. The owner of 33 Richards Street has expressed an interest in purchasing the land. Council’s historical map records indicate land from the former road has been enclosed within the fence boundary of 33 Richards Street, Coburg since 1966. The sale of this portion of land will legally formalise the occupation. The previous owners of 33 Richards Street were not interested in purchasing the land to the rear of their property. However, new owners of 33 Richards Street have now requested to purchase this land, meaning that Council can now enact the resolution and proceed with the sale. Issues Future Development The owner of 33 Richards Street is seeking to acquire the land from the former road and reserve to be included in future development of the property. Human Rights Consideration The implications of this report have been considered in accordance with the requirements of the Charter of Human Rights and Responsibilities and a Person’s Property Rights, where a person must not be deprived of his or her property other than in accordance with the law.

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4. Community consultation and engagement A public consultation in accordance with Section 206, Item 3 of Schedule 10 of the Local Government Act 1989 was undertaken in 1999 for a proposed road and reserve discontinuation. This included a public notification, consultation with adjoining property owners, service authorities and Council’s internal departments. No submissions were received. Following the consultation process, Council resolved at its meeting on 8 November 1999 (DCD36), to discontinue the road and reserve at the rear of 23 to 49 Richards Street, Coburg, and to sell the land to the adjoining owners. The sale of the section of land to the owner of 33 Richards Street, Coburg complies with public consultation and Council resolution of 8 November 1999 (DCD36). The land is a small sliver from a previous ROW and reserve and is fully enclosed within the fence boundary of 33 Richards Street. In this instance there is no requirement to undertake further Community Engagement as Council has previously determined to sell the land following a consultative and statutory process. However, Macquarie Lawyers on behalf of Council have written to adjoining property owners informing them of the intended sale and no objections, concerns or issues were raised. 5. Officer Declaration of Conflict of Interest Council officers involved in the preparation of this report have no conflict of interest in this matter. 6. Financial and Resources Implications The owner of 33 Richards Street, Coburg, has agreed to acquire the land at market value as valued by an independent valuer. Council’s valuation indicates that the current value is $29,000. In addition, the owner has agreed to meet all of Council’s reasonable costs associated with completing the sale of its land, estimated at $5,592.07. Once the sale is completed the land will become rateable. 7. Implementation It is intended to finalise the sale of the land to the owner of the adjoining property at 33 Richards Street, Coburg, by private treaty. Attachment/s 1⇩ Map of 33 Richards Street, Coburg D20/540655 2⇩ Plan of subdivision PS419827K D20/540658

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7.5 WITHDRAWAL OF REQUEST TO AUTHORISE AMENDMENT C193 AND COMMENCE PREPARATION OF AN ACTIVITY CENTRE ZONE FOR THE BRUNSWICK ACTIVITY CENTRE Director City Futures Kirsten Coster City Strategy and Design

Officer Recommendation That Council: 1. Withdraws the request to seek authorisation from the Minister for Planning to prepare Amendment C193 to the Moreland Planning Scheme. 2. Notes that officers will undertake consultation (as detailed in the Council Report) to inform preparation of a draft Activity Centre Zone schedule for the Brunswick Activity Centre.

REPORT

Executive Summary Council Report 7.7 (10 February 2021) provided Council with an update of the progress of Amendment C193 to the Moreland Planning Scheme. This Report noted that based on early drafts of strategic analysis of Moreland’s commercial and employment floor space needs, that the rezoning proposed by Amendment C193 may not be the most effective way to meet Moreland’s overall commercial floor space needs and associated employment outcomes. This analysis of Moreland’s commercial and industrial employment floor space needs was commissioned following the State Government release of the Melbourne Industrial and Commercial Land Use Plan 2020 (MICLUP) which identified the need for Moreland to increase its employment land considerably. This further report now brings to Council the finalised strategic analysis foreshadowed in Report 7.7, titled A Job in Moreland: The floorspace we need now and in the future (AJiM). This analysis provides insight into how employment in Moreland can be supported and maximised into the future through both planning scheme controls, and other Council actions. Based on this analysis it is recommended that Council resolve to withdraw the request for the Minister to authorise Amendment C193, on the basis that pursuing the Commercial 3 Zone for the 56 sites included in Amendment C193 would not holistically address the issues with future commercial floor space provision identified in AJiM. As Amendment C193 has not yet been through the amendment process (i.e. authorised, exhibited, considered by a Panel and approved by Council), it is not considered to be ‘seriously entertained,’ and it is appropriate to withdraw the authorisation request now in favour of a more holistic approach to commercial and industrial employment floorspace in the Brunswick Activity Centre (BAC). This report also outlines recommended consultation to inform the preparation of a draft Activity Centre Zone (ACZ) for the BAC. The ACZ planning scheme tool would allow Council to more effectively set a requirement for commercial floor space provision and employment growth in line with the findings of AJiM. The ACZ can be tailored to require specific land use and development outcomes in specific precincts within the Centre and enable identification of which land uses are encouraged in different precincts. In commercial areas it would provide greater ability for Council to require more commercial floorspace than the market is currently delivering and refuse applications that do not provide adequate commercial floor space.

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AJiM highlights the opportunity to slow and halt the current long-term decline in employment self-sufficiency right across Moreland. Council can take actions to assist in setting up the economic conditions to increase employment self-sufficiency over the longer term and provide a holistic approach to job creation in Moreland’s Employment Precincts. Whilst this particular report focuses on the implications of AJiM on the BAC and Amendment C193, AJiM will guide actions to support employment growth right across the City. Previous Council Decisions DED38/18 Statutory Requirement – Planning Scheme Review 11 June 2018 Council resolution This report includes the following emerging issues and actions to amend the planning scheme: • Consider implementing an Activity Centre Zone for Brunswick Activity Centre • There is opportunity to review the operation of the DDO’s approved through Amendment C134 for the Brunswick Activity Centre, and potentially improve the clarity for built form and land use outcomes in Brunswick through application of an Activity Centre Zone, as utilised for Coburg. • This tool allows for direction on not only built form, but also land use (important for former industrial areas where employment uses should be prioritised) and has been observed as an easier tool to navigate and implement when compared to the DDO’s for Brunswick. • An Activity Centre Zone control would also enable improved clarity in ground level commercial vs residential street frontage outcome within the Activity Centre • Reviewing the built form and land use controls for Brunswick Major Activity Centre to strengthen employment outcomes on former industrial land and simplify the controls • Recognise the Brunswick Design District (BDD) in the MSS and support this precinct to become a successful and innovative employment precinct. The Brunswick Design District has all the necessary ingredients to be a successful and innovative employment precinct and should be supported through the Planning Scheme. That Council: … 3. Endorses the Moreland Planning Scheme Review 2018 Report. 4. Submits the Moreland Planning Scheme Review 2018 report to the Minister for Planning in accordance with section 12B (1) of the Planning and Environment Act 1987. DED70/18 Amendment C164 - Brunswick MILS Rezoning - Decision Gateway 3 - Council Action Plan item -14 November 2018 Council resolution This report considered the recommendations of the planning Panel convened to hear submissions to the rezoning of industrial land in Brunswick. It committed to an investigation of the use the Commercial 3 Zone. That Council: 1. Notes the findings and recommendations of the Panel appointed to consider Amendment C164 to the Moreland Planning Scheme, documented in the Panel Report dated 7 August 2018, at Attachment 1 to this report. 2. Splits Amendment C164 to the Moreland Planning Scheme into two parts as follows: a) Amendment C164 Part 1 (as described in Attachment 2 to this report). b) Amendment C164 Part 2 (as described in Attachment 3 to this report).

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3. Adopts Amendment C164 Part 1 (as described in Attachment 2 to this report) to the Moreland Planning Scheme, pursuant to section 29(1) of the Planning and Environment Act 1987, with the recommended changes in accordance with Panel recommendations 1 (except the proposed change to lower the height in Design and Development Overlay Schedule 19 for properties in Cross Street), 2, 6, 7, 10 and 11. 4. Submits Amendment C164 Part 1 to the Moreland Planning Scheme to the Minister for Planning for approval, pursuant to section 31(1) of the Planning and Environment Act 1987. 5. Delegates the Director Planning and Economic Development authority to finalise Amendment C164 Part 1, in accordance with Council’s resolution, and to make any administrative changes required to correct errors, grammatical changes and map changes. 6. Notes that further work will be undertaken prior to presenting Amendment C164 Part 2 to the Moreland Planning Scheme for a decision in accordance with section 29(1) of the Planning and Environment Act 1987 which includes: a) Investigating the opportunity for the application of the Commercial 3 Zone for Category 2 – Employment Areas for properties identified in Attachment 3 to this report. 7. Receives a further report for consideration, which investigates the use of the Commercial 3 Zone (in accordance with item 6) with a recommendation in relation to Amendment C164 Part 2. 8. Notifies all submitters of Council’s decision in relation to Amendment C164, including the decision to split the amendment into two parts, and of the Minister’s decision on Amendment C164 Part 1 to the Moreland Planning Scheme, once Council has been advised. DCF30/19 Amendment C164 Part 2 - Decision Gateway 3 - Consideration of further work and decision on the amendment - 8 May 2019 – Council resolution This report provided the findings of the investigation of the Commercial 3 Zone for the industrial precincts identified to transition from industrial uses to a broader range of employment uses and prioritise employment over residential uses. That Council: 1. Splits Amendment C164 Part 2 further to create a part 3. Part 3 affects land as described in Attachment 3 to this report shown in purple as ‘Proposed Commercial 3 Zone’, excluding those properties listed in Point 2 in Nicholson and Albion St. 2. Adopts Amendment C164, Part 2, to a) Rezone land at 219, 221 Nicholson Street, Brunswick East from Industrial 3 Zone to Commercial 1 Zone and apply the DDO20, PAO and EAO as exhibited, and b) Rezone land at 215, 217, 219 Albion Street, Brunswick from Industrial 1 Zone to Commercial 1 Zone and apply the DDO18, PAO and EAO. 3. Submits Amendment C164, Part 2 as it applies to the land in Nicholson St and Albion St outlined in Point 2 to the Minister for Planning for approval in accordance with Section 31 of the Planning and Environment Act following the registration of a Section 173 agreement on title for the properties at 215, 217, 219 Albion Street, Brunswick that requires a minimum of 30 per cent of the gross floor area of any new building to be for employment and economic uses and a minimum of 20 per cent of dwellings within the same building to be provided for Affordable Housing as defined by the “Planning and Environment Act 1987.”

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4. Abandons Amendment C164, Part 3 as it applies to land described in Attachment 3 to this report shown in purple as ‘Proposed Commercial 3 Zone’, excluding those properties listed in Point 2 in Nicholson and Albion St identified at point 1 of this resolution. 5. Write to all affected land owners and occupiers included in Amendment C164 – Parts 2 and 3 to advise them of these decisions. The letter must also seek interest from landowners to offer to enter into a Section 173 agreement with Council as set out in point 3 of this resolution, and for the land to be included in a Commercial 1 Zone. 6. Receives a further report outlining the proposed approach for a new amendment in relation to sites included in Amendment C164, Part 3 following consideration of the offers received as a result of the letter outlined in point 5 of this resolution. 7. Notifies submitters to Amendment C164 of Council’s decision in relation to the Amendment. DCF78/19 Amendments C192 and C193 - Brunswick Activity Centre Industrial Land Rezoning - Decision Gateway 1: Authorisation and Exhibition - Council Action Plan Item - 9 October 2019 Council resolution This report resolved to start the process to introduce the Commercial 3 Zone to 55 industrial sites in the Brunswick Activity Centre to better deliver objectives aligned with the Moreland Industrial Land Strategy for Employment Areas (Category 2). That Council: 1. Endorses the C164 Background Report at Attachment 1 to this report which outlines the rationale and evidence that underpins the proposed planning scheme changes for Amendment C192. 2. Requests that the Minister for Planning prepares, adopts and approves Moreland Planning Scheme Amendment C192 pursuant to section 20(4) of the Planning and Environment Act 1987, as shown at Attachment 2 to this report, following the registration of the Section 173 Agreement on title for the properties at 98-102 Albert Street, Brunswick and 197-199 Albion Street, Brunswick that requires a minimum of 30 per cent of the gross floor area of any new building to be for employment and economic uses and a minimum of 20 per cent of dwellings within the same building to be provided for Affordable Housing as defined by the Planning and Environment Act 1987. 3. Endorses the Moreland Industrial Land Strategy Employment Areas Zoning Review prepared by Echelon Planning, and the MILS Employment Areas Feasibility Development Models prepared by Conceptus Property at Attachments 3 and t 4 to this report which outline the rationale and evidence that underpins the proposed planning scheme changes for Amendment C193. 4. Using its powers as a planning authority under sections 8A and 8B of the Planning and Environment 1987, seeks authorisation from the Minister for Planning to prepare Moreland Planning Scheme Amendment C193 as shown at Attachment 5 to this report. 5. Following receipt of the Minister’s authorisation, exhibits the Amendment in accordance with Section 19 of the Planning and Environment Act 1987. 6. Authorises the Director City Futures to make changes to Amendment C193 based on conditions imposed in any authorisation granted by the Minister for Planning and to make any grammatical changes and correct any errors in the relevant documents. Report 7.7 Amendment C193 – Commercial 3 Zone – Progress Report - 10 February 2020 Council resolution This report outlined the strategic research that was being undertaken to respond to the Melbourne Industrial and Commercial Land Use Plan 2020 and provided a progress report on Amendment C193.

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That Council: 1. Writes to the Department of Environment, Land, Water and Planning before the 28 February 2021: a) To advise that a Council Report will be presented to the April 2021 Council Meeting that considers: i. the findings of the strategic analysis of Moreland’s commercial floorspace; ii. implications of this strategic analysis on the current request for authorisation to prepare Amendment C193 to the Moreland Planning Scheme to rezone land within the Brunswick Activity Centre identified as Employment Areas (Category 2) to the Commercial 3 Zone; iii. the potential use of the Activity Centre Zone across the Brunswick Activity Centre, rather than pursuing the Commercial 3 Zone proposed by Amendment C193 on a limited number of sites. b) To request that the Department of Environment, Land, Water and Planning makes no decision on the request to seek authorisation for Amendment C193 until the outcome of the April Report to Council is known. 2. That all submitters to the C192, C193 and C164 amendment processes in addition to the Landowners with land included in Amendment C193 be advised of this Progress Report via letter/email. 1. Policy Context Planning Scheme Review 2018 Section 12B of the Planning and Environment Act 1987 requires a planning authority to review its planning scheme once every four years, no later than one year after the approval of the Council Plan. The last Planning Scheme Review Report was endorsed by Council on 11 June 2018 (DED38/18). The Planning Scheme Review identified issues with the operation of the land use and built form planning scheme provisions for the Brunswick Activity Centre (BAC) and identified that the Activity Centre Zone (ACZ) is the best tool to guide and facilitate the use and development of land in activity centres. Council Plan 2017-2021 The Council Plan 2017-2021, contains a strategic initiative to: • Support the local economy and trading environments to enhance economic activity and promote local jobs. Moreland Economic Development Strategy and Action Plan 2016-2021 The Action Plan seeks to increase investment and jobs to have a growing local economy. Relevant goals and actions include: • Ensure activity centres are economically attractive • Continue to implement structure plans for activity centres ensuring that jobs are a key consideration • Ensure land is available for industrial and other employment activities • Work in partnership with emerging industries to foster investment and particularly where market mechanisms are not yet sufficiently robust to deliver encouraging outcomes • Work with existing and emerging industries in areas such as digital arts, sustainability consulting, cultural production and the broader professional services sector to ensure that Moreland is the place to be for businesses at Melbourne’s cultural frontier

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• Work with producers to encourage urban manufacturing – particularly small scale food and beverage producers, furniture and artisan makers • Foster the new sharing economy, which includes co-working spaces, creative and urban maker spaces, and start-up hubs. Metropolitan Planning Strategy - Plan Melbourne 2017-2050 The relevant vision is that Melbourne is a productive city that attracts investment, supports innovation and creates jobs. To ensure Melbourne maintains a competitive commercial market and is able to facilitate local access to employment, future commercial land requirements need to be quantified by region. There is also a need to estimate the likely distribution of future job growth and commercial land requirements within the network of national employment and innovation clusters and activity centres. Melbourne Industrial and Commercial Land Use Plan 2020 (MICLUP) In April 2020 the State Government released a land use plan for industrial and commercial land in metropolitan Melbourne. The plan provides a macro view of current and future needs for industrial and commercial land across metropolitan Melbourne and puts in place a planning framework to support state and local government to more effectively plan for future employment and industry needs, and better inform future strategic directions. Moreland Industrial Land Strategy 2015-2030 (MILS) MILS provides a land use framework for industrial land across Moreland. The framework seeks to maintain an appropriate supply of industrial land, suited to employment sectors that have positive long-term growth outlooks in Moreland. Responding to these employment trends is critical to Moreland’s broad sustainability objectives and its vision to create sustainable neighbourhoods with an emphasis on the social, cultural, environmental and economic well-being of the population. As Moreland’s population continues to grow, maintaining and growing access to new forms of local employment is of increasing importance in achieving goals of reduced travel to work and liveability. State and Local Policy seeks to encourage housing growth, with good access to transport, shops and services, while contributing to economic regeneration through the transition of specific precincts of industrial zoned land to accommodate more diverse employment opportunities and contribute to housing supply. The MILS places all industrial land into one of the following three categories: Category 1 - Core Industry and Employment areas • This land is to be maintained for industry and other employment uses including office and restricted retail and prohibits new residential uses. A number of areas of industrial land, including Moreland’s three large concentrations of industrial zoned land in Brunswick, Coburg North and Newlands, are included in this category. Category 2 - Employment areas • Land in this category is to support the transition from industrial uses to a broader range of employment uses and prioritise employment over residential uses. Category 3 - Transition - Residential areas • This land is to be transitioned to residential zones to facilitate the provision of quality residential development to contribute to Moreland’s housing supply and applies in a limited number of locations.

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2. Background Since seeking authorisation for Amendment C193 in October 2019 and determining the Commercial 3 Zone to be the most appropriate zone for the MILS Category 2 sites (56 sites) in the BAC, the State Government has released the Melbourne Industrial and Commercial Land Use Plan 2020. This has further highlighted the need for Moreland to accommodate forecast demand for commercial floor space. In response, Moreland commissioned research from .id Consulting to prepare A Job in Moreland: The employment floorspace we need now and in the future to assist Council to better understand how to support employment in Moreland both now and into the future in both the planning scheme and other Council actions. Melbourne Industrial and Commercial Land Use Plan The Melbourne Industrial and Commercial Land Use Plan 2020 (MICLUP) released by the Department of Environment, Land, Water and Planning (DELWP) in 2020, identifies that Moreland requires an additional 335,700 square metres of commercial floor space by 2031. This plan states that ‘Council will need to look at ways to accommodate projected demand for commercial floor space within existing commercial areas, as well as considering areas that could accommodate future floor space requirements through rezonings’. Principles in the Plan include: • ‘Planning for commercial and industrial land should ensure adequate long-term land supply is planned for and set aside to support future business growth and industry. • Planning for commercial and industrial land should provide clarity and certainty about how and where business and industry can grow over time to support and guide long term investment and locational decisions.’ Relevant strategies include: • ‘Identify and outline how employment growth will be accommodated over the long term. • Provide an overarching land use planning framework for commercial and industrial areas. • Clarify and strengthen the role and function of commercial centres as primary locations for commercial development and employment, prioritising economic activity and business synergies over residential development. • Provide clear direction on locations where employment growth should occur.’ In order to ensure that Moreland is applying the principles and strategies from MICLUP, .id consulting has prepared A Job in Moreland: The employment floorspace we need now and in the future at Attachment 1.

The Moreland Economic Development Strategy 2016-2021 aims to maintain or grow employment self-sufficiency. Employment self-sufficiency is the ratio between the number of jobs available in the municipality and the total resident workforce and is a measure of local economic prosperity. The strategy identifies that Moreland has one of the lowest levels of employment self-sufficiency of any Melbourne municipality, and this is in decline. The number of jobs in Moreland has grown, however the population continues to grow faster than local jobs. Over the past decade, the number of jobs in Moreland grew by 6,859 jobs or by around 1.6 per cent per year. However, the number of employed residents living in Moreland grew by 3.5 per cent per year meaning that job growth is not keeping up with population growth. In 2019, employment self-sufficiency was 46 per cent, meaning that there were only 46 local jobs for every 100 residents, the third lowest rate in Greater

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Melbourne. A central tenet of the sustainable neighbourhoods policy contained within the Moreland Planning Scheme is managing growth in accordance with the 20-minute neighbourhood principle; where communities can ‘live locally’ and access many of their daily needs within a 20-minute walk, cycle or public transport trip from their home. This facilitates a healthy community, increased community interaction and support of the local economy. As the resident population grows, there is a need for parallel growth in local jobs. Working locally provides benefits including: • Less commuting time and cost • Extra hours with family and friends and more time for exercise and sleep • Supporting local businesses to help the local economy prosper • Sustainability and health benefits of less car reliance • New businesses and expansion of existing businesses supports a circular economy and local expenditure. Planning Scheme Review 2018 The key recommendations of the 2018 Planning Scheme Review reflect the need for the Moreland Planning Scheme to continue to evolve, and respond to recently adopted policies, strategies and State Government reforms. A key item identified in the planning scheme review was to review the planning provisions for the BAC to strengthen employment outcomes and simplify the controls through use of the ACZ. AJiM has provided further support for implementing a ACZ and identified that not only will it improve operation of the planning scheme tools, and therefore decision making, it will also strengthen Council’s ability to achieve employment outcomes in this Activity Centre. 3. Issues Supporting growth in employment The Moreland Economic Development Strategy and Action Plan 2016-2021 highlights the need to provide jobs within Moreland, and for activity centres to remain economically viable. AJiM finds that future economic growth will be driven by population growth, continuation of industry trends, infrastructure investment and concentration of jobs around highly accessible and amenity-rich Activity Centres. Critically however, this job growth (1.2 per cent p.a.) is forecast to be less than employed resident growth (2.1 per cent p.a.) with the jobs deficit rising to around 88,000 by 2035 and employment self-sufficiency falling to 40 per cent. Moreland is not attracting enough jobs to meet community needs and unless more jobs are facilitated the vibrancy of the city’s main Activity Centres will decline, and an increasing proportion of Moreland residents will need to travel outside Moreland for work. The future trajectory of Moreland’s economy can be positively influenced by several factors. To remain prosperous Moreland must be attractive to investment. Council can take action to contribute to local job growth. This has the potential to create more local jobs to maintain then grow employment self-sufficiency. With new actions in investment attraction, place making and planning, AJiM finds that employment could grow by 16,373 jobs. In this scenario stronger growth is forecast for existing specialisations like health and the creative sector but also for professional services, an identified gap with growth potential.

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Like many places, Covid-19 will have a major impact on employment growth in the short to medium term with employment unlikely to return to December 2019 levels until mid-2022. The pandemic may also result in a range of longer term challenges and opportunities for Moreland. Planning for future job growth in Moreland however requires a long term view out to 2035 and beyond. The long-term impact, such as the propensity to work from home, remains uncertain and continual monitoring against the trend forecast is proposed. Strengthening employment through the Planning Scheme A key part of planning for future industrial and commercial floor space need is the land use planning regulatory framework outlined in the Moreland Planning Scheme. The planning scheme provides the key directions for how land can be used and developed and signals to the market what outcomes are sought. As Moreland’s largest job cluster, the BAC plays an important economic role in the northern region of Greater Melbourne. The centre is designated as a Regionally Significant Commercial Area in MICLUP. The relative importance of the BAC job cluster is illustrated in Figure 19 in Attachment 1. In relation to the BAC, AJiM finds that recent residential development activity in commercial zones is resulting in a significant loss of commercial floor space. The most pressing issue identified by AJiM is that without intervention, the BAC will not have sufficient capacity to meet employment forecast demand. This would have a significant negative impact on the economic development and investment potential within Moreland and Melbourne’s Northern Region. The shortfall identified for the BAC is significant and immediate action is required given residential pressures on this centre. The Moreland Planning Scheme currently provides good policy direction for economic development and employment growth. However, the evidence outlined in AJiM shows the market is not delivering the outcomes sought by policy. Without intervention, higher order activity centres, of which Brunswick is the largest, will not meet their intended economic role and will constrain employment growth in Moreland and impact on the ongoing ability to achieve a diverse and vibrant future Moreland economy. Rationale for an ACZ and withdrawal of Amendment C193 There is a clear need for changes to the zoning controls within Activity Centres to support employment growth. Of all the options available, the application of the ACZ provides the best flexibility for Council to tailor the permit requirements for land use. The ACZ is already in use in the Coburg Activity Centre. The ACZ enables Council to specifically tailor the land use mix in different precincts of the Activity Centre and give direction on the amount of employment vs residential floor space and the land use mix across the whole of an Activity Centre. It would more effectively ensure commercial land use across the BAC, in preference to requiring significant commercial floor space only on a limited number of sites as proposed by Amendment C193. AJiM has provided the evidence to identify the quantum of commercial land that should be sought in an ACZ across the BAC. Whilst current activity centre policy in the planning scheme articulates land use and built form aspirations, the ability to negotiate effective employment floorspace outcomes in a Commercial 1 Zone is weak as the land use controls (zone and overlays) do not currently require the provision of a set proportion of commercial floor space. AJiM finds that apartment projects in Brunswick are capping job growth, impacting on the economic role of the Activity Centre and the vibrancy these economic uses bring. VCAT decisions are concluding that if Council is serious about achieving a specific land use mix, it needs to introduce such controls. It highlights that such an approach has been taken by Stonnington City Council in the Chapel Street precinct, where the ACZ has been used. In the absence of such land use controls, VCAT is finding that there is no discretion to require a specific land use mix. For the whole of

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the Activity Centre a better connection between policy for employment uses, and the planning scheme controls that determine land use mix is needed. Industrial land within Moreland still has an important economic role and is required to meet Moreland’s job requirements into the future. There are opportunities to allow a broader range of uses within some industrial areas, particularly within the Brunswick Core Industrial and Employment Area in the BAC through tailoring of the land use tables in an ACZ while still prohibiting residential use. The ACZ would help facilitate business growth and innovation across the BAC and facilitate the establishment and growth of creative industries, small manufacturers and start-up businesses. It would enable the planning scheme to give stronger encouragement of creative industries across the industrial and commercial areas of Brunswick. Moreland has historically had a strong connection with creative industries, whether they be clothing and textile manufacturing or the night time entertainment establishments along Sydney Road. Today, the Creative and Cultural sector supports around 2,800 jobs, or 6 per cent of all local jobs in Moreland, well above the Greater Melbourne average of 4.4 per cent. Moreland’s specialisation in the creative sector includes clothing and footwear manufacturing, creative artists, musicians, writers and performers, music and movie production services and a range of design services. This creative brand provides an urban edge that appeals to other businesses and professionals. The importance of this brand is highlighted by the emergence of Computer Programmers, Specialist Design Services (e.g. fashion design, graphic design) and Architects. The reason for considering the Commercial 3 Zone for MILS Category 2 sites within the BAC under Amendment C193 was that the Commercial 3 Zone (C3Z) enables mandating employment floorspace on land transitioning from industrial to other employment uses. However, AJiM has found that there is a need for an integrated approach to commercial and industrial employment floor space and land use mix across the whole activity centre, not just on the small number of MILS Category 2 sites. Findings to support progressing an ACZ for Brunswick are consistent with the Moreland Planning Scheme Review Report (June 2018). Relevant planning Scheme Review actions include: • Implement Arts Infrastructure Plan 2018 to provide support for emerging Creative Industries • Implement Brunswick Design District (BDD) to recognise the Brunswick Design District in the planning scheme and support BDD to become a successful and innovative employment precinct • Improve clarity in commercial vs residential outcomes within the Activity Centre • This tool allows for direction on not only built form, but also land use (important for industrial areas where employment uses should be prioritised) and is an easier tool to navigate and implement when compared to the DDOs for Brunswick • Review the built form and land use controls for Brunswick Activity Centre to strengthen employment outcomes on industrial land and simplify the controls • Review the operation of the DDOs for the Brunswick Activity Centre and improve the clarity for built form and land use outcomes in Brunswick through application of an Activity Centre Zone. How the sites included in Amendment C193 would be considered in an ACZ AJiM suggests that MILS Category 2 land could have the same employment floorspace requirement as proposed for land currently in the Commercial 1 Zone, with the ACZ requiring that for MILS Category 2 sites the commercial floor space would be

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applied in a mandatory rather than discretionary manner. This greater level of certainty of commercial floorspace on this land supports the implementation of MILS and the need in this category to still prioritise employment over residential uses. Furthermore, the land use table within the ACZ, on these Category 2 sites and other industrially and commercially zoned land, will be tailored in consultation with Brunswick business and resident groups and Council’s Urban Planning, Economic Development and Property and Place units. The objective from AJiM forecasts, is to help facilitate business diversification, growth and innovation and to facilitate the establishment and growth of creative industries, small manufacturers and start-up businesses. This will promote ongoing economic diversity in an amenity-rich Activity Centre, which is attractive to new and emerging businesses and support Council’s investment attraction actions. The comparatively small area of MILS Category 2 sites within the larger commercial and industrial employment area context of the Brunswick Activity Centre, as well as the distribution of existing creative industries, is illustrated at Attachment 2. Drafting an ACZ for the BAC To inform preparation of a draft ACZ for the BAC the following would be undertaken, as set out in the Planning Scheme Review: • Review the operation of the Design and Development Overlays for the BAC and improve the clarity for built form and land use outcomes in Brunswick through application of an ACZ • Improve clarity in commercial vs residential outcomes within the BAC

• Review the built form and land use controls for BAC to strengthen employment outcomes on industrial land. It is not proposed to make any substantive changes to existing height limits in the BAC as part of this work. The ACZ will ensure improved commercial and industrial employment outcomes by strengthening these in a zone provision (rather than just in policy) but does not propose to alter the existing direction on height. Councils programs to attract and support business In accordance with Council’s Economic Development Strategy, AJiM identifies the opportunity to maintain and grow employment self-sufficiency. Along with a technical report, includes a suite of infographic products to assist the Council’s programs to attract and support business. These products include: • Investment Prospectus eBook • Industry Profiles. The Investment Prospectus and Industry Profiles seek to attract investment to Moreland in sectors which have the best growth potential in the short to medium term. The first Industry Profile has been produced as part of the initial package, with profiles for further specialist sectors to follow. Specialist sectors with growth potential include: • Health Care and Social Assistance • Retail and Food Services • Creative and Cultural • Manufacturing • Professional, Scientific and Technical Services • Education and Training

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• Construction. Climate emergency and environmental sustainability implications The matters outlined in this progress report will have no climate emergency or environmental sustainability implications. Legal and risk considerations The matters outlined in this progress report do not raise any legal or risk issues. Human Rights Consideration The implications of this report have been assessed in accordance with the requirements of the Charter of Human Rights and Responsibilities and there are no adverse impacts. The human rights considered as part of the preparation of this report relate specifically to freedom, dignity and equity. The most relevant section of the Victorian Charter of Human Rights to the preparation of this report is property rights. This report does not deprive any party of any legal or proprietary interest in land, or the ability to use and develop that land in accordance with the planning regulatory framework. Gender Equality Considerations A Gender Impact Assessment was undertaken by the Strategic Planning Unit. Council officers with expertise in human rights including disability, gender equality, ageing, children’s services, multicultural and religious diversity and disadvantage more generally, participated in the assessment. The Assessment has had regard to the Gender Equality Act 2020 and the Moreland Human Rights Policy. The Gender Equality Act 2020 requires Council to undertake a gender impact assessment when developing or reviewing any policy, program or service which has a direct and significant impact on the public. It is considered that A Job in Moreland: The floorspace we need now and in the future at Attachment 1, the withdrawal of authorisation for Amendment C193 and this Report will not have a direct or significant impact on gender equality. This gender impact assessment concludes that the A Job in Moreland: The floorspace we need now and in the future has an overall positive impact on gender equality and inclusion, as the analysis undertaken in the report considers all genders. 4. Community consultation and engagement Stage 1 - Targeted technical expert consultation to inform AJiM (complete) AJiM included technical market sounding interviews and Think Tank workshops with developers, researchers and planning experts. To progress recommendations related to the BAC from the Planning Scheme Review Report 2018 and the evidence base of AJiM, three further stages of community consultation are proposed. Stage 2 – Targeted Community Consultation to understand issues Stage 2 will include targeted engagement with Brunswick business and resident groups to add to the understanding of the issues an ACZ for Brunswick is seeking to address. Following this consultation, a draft ACZ schedule will be prepared by officers, that considers findings of the consultation, the Planning Scheme Review Recommendations and a review of the operation of the existing planning scheme tools.

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Stage 3 – Broader Community Consultation on a draft ACZ Following on from targeted consultation to understand issues at Stage 2, the Stage 3 consultation would include community based consultation on a Draft Brunswick Activity Centre Zone Schedule. The draft Activity Centre Zone Schedule will be refined in response to the Stage 3 consultation then reported to Council to seek authorisation for a planning scheme amendment. Stage 4 – Statutory Exhibition Statutory exhibition process of a planning scheme amendment to include a Brunswick Activity Centre Zone, into the Moreland Planning Scheme would occur following a Council decision to seek authorisation for an amendment, and receipt of this authorisation from the Minister for Planning. 5. Officer Declaration of Conflict of Interest Council officers involved in the preparation of this report have no conflict of interest in this matter. 6. Financial and Resources Implications The funds required to consider and draft documentation for changes to the planning scheme for consultation purposes can be accommodated within the 2020/2021 financial year operating budget and current resources of the Strategic Planning Unit of the City Strategy and Design Branch. 7. Implementation The next steps will be to write to the Minister for Planning to withdraw the request for authorisation for Amendment C193. As Amendment C193 has not yet been through the amendment process (i.e. authorised, exhibited, considered by a Panel and approved by Council), it is not considered to be ‘seriously entertained,’ and therefore has no bearing on any current planning application processes. Consultation will be undertaken in accordance with the outline above. Councillors will be briefed following Consultation at Stage 2 and Consultation at Stage 3. A report to Council is anticipated in December 2021 to seek a Council resolution to seek authorisation from the Minister for Planning to prepare an amendment to the Moreland Planning Scheme to introduce an ACZ for the BAC. This would be the first of the three formal decision gateways in a planning scheme amendment process to implement the ACCZ. Attachment/s 1⇩ A Job in Moreland: The employment floorspace we need now and in D21/110911 the future Final Report March 2021 2⇩ Brunswick Activity Centre: Industrial and Commercial Areas - Map D21/65389

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7.6 PUBLIC HIGHWAY DECLARATION - STREETS, ROADS, LANEWAYS AND EASEMENTS NEAR WILKINSON STREET, BRUNSWICK Director City Futures Kirsten Coster City Change

Officer Recommendation That Council: 1. Approves the commencement of the process under Section 204(1) of the Local Government Act 1989 to declare in the Government Gazette, that all roads constructed by Council within the area bounded by Sydney Road, the northern boundary of Victoria Street, the railway line and the southern boundary of Albert Street to be public highways, including the constructed easement on Title Plan TP 940933P in the 2-8 Wilkinson Street Car Park and the constructed laneways at the rear of 409-419 Sydney Road and 2-8 Wilkinson Street, Brunswick, on Title Plan TP 238758W. 2. Gives public notice of the declaration of public highway status and calls for submissions in accordance with Section 223 of the Local Government Act 1989 in The Age newspaper. 3. Publishes a copy of the public notice on Council’s website and provides a copy to owners and occupiers of all properties abutting the portion of the roads that will be declared. 4. Appoints Councillor ______as Chair, and Councillors ______, ______and ______to a Committee to hear any submitters requesting to be heard in support of their written submission. 5. Authorises the Chief Executive Officer to set the time, date and place of a meeting of the committee to hear submissions in relation to Council’s intent to declare all roads constructed by Council within the area bounded by Sydney Road, the northern boundary of Victoria Street, the railway line and the southern boundary of Albert Street, to be public highways following consultation with Councillors and any submitters. 6. Following the consultation process, receives a report outlining any submissions received, a summary of proceedings of any Hearing of Submissions held in relation to the proposed declaration of public highways, with a recommendation on whether to proceed. 7. Notes that further advice will be provided in 2021/22 and beyond of other locations that may be identified within the municipality in which Council’s roads are similarly exposed to enclosure by abutting properties. REPORT Executive Summary Council’s public car park known as 2-8 Wilkinson Street was constructed in the mid-1970s. That construction incorporated an abutting property (between 2-8 Wilkinson Street and 10- 12 Wilkinson Street) into the car park which has a carriageway easement across the full length and width. At the time, the former Brunswick City Council concluded that constructing the road pavement over the carriageway easement and the subsequent use by the public, met the legal criteria for this land to be a road. After that date, Brunswick City Council showed the land as a road on its city plans (Attachment 1). Recently it has been found that the property title still shows that abutting land without ‘road’ status, owned by the original subdivider in 1885. Recent legal opinion is that the legal criteria Brunswick City Council used, is now insufficient for the property title to be changed to show ‘road’.

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A feasibility being undertaken for the land abutting the western boundary of this “road” (10- 12 Wilkinson Street) has found that the property title has not been changed. The possible future development of the abutting land parcel requires the land to be converted to “road” on title, both to confirm the public’s right to use that land and to facilitate access to and from that land, requiring a formal declaration by Council. Just 50 metres away, there is also a laneway that exists physically across 409-419 Sydney Road, Brunswick. The laneway goes through the middle of the current Bunnings site and provides a public connection from Wilkinson Street to Victoria Street. It is currently used by cars and delivery vehicles and is a busy pedestrian connection. This laneway appears on the former Brunswick City Council city plans and show that Council has been, and still is, responsible for the on-going maintenance of the laneway. However, the Bunnings land property title does not show the laneway across it. This has raised questions about the public’s right to use it. A formal declaration is required by Council to guarantee the continued access that the public have been using for the past century. Previous Council Decisions No previous Council decisions.

1. Policy Context Council’s Asset Management Policy states that roads are assets of Council and must be available to be passed onto the next generation. Formal declarations of the right of the public to use these roads, lanes and easements, protects them from legal challenges, including adverse possession claims. 2. Background Definitions As the legislation pertaining to this matter uses a number of possibly unfamiliar but avoidably necessary legal terms contained within this report, these terms are explained as follows. Public Highway – This term incorrectly evokes thoughts of Hume Highway or Princes Highway. However, that is not correct. The term public highway dates from old English law and is generally defined as: Public Highway – land over which the public has a right to pass. This includes streets and laneways and can include narrow pedestrian paths between two properties. It simply confirms that the public has the right to use those paths, laneways or streets. Post -1988 roads – All roads created after 1988 (via the Subdivision Act 1988) are automatically public highways with ownership vested in Council. Examples include every street in both Gowanbrae and Coburg Hill (the redeveloped Kodak land). Pre -1988 roads – All other streets across Moreland (i.e. the vast majority), are not in Council’s ownership unless Council can prove that they are public highways either: − Under Common Law; or − Have been declared in the Government Gazette. Common Law – This is law established by a decision of a Court. For example, the law that you can prune the portion of the neighbour’s tree overhanging your boundary fence was a judge’s decision in a Court case, not an Act of Parliament. The problem with common law is that it can be challenged in Court and amended by a subsequent decision of the Court. So, Common Law evolves depending upon the outcome of legal disputes in Court.

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The former Brunswick City Council, like the other Victorian Councils at that time, accepted that under Common Law, the roads it constructed and were then used by the public, became public highways. Dedication and Acceptance – This is a Common Law principle that when an Owner agrees to set their fence back to allow a road to be constructed on a portion of their land (dedication) and the Road Authority constructs the road (acceptance) that the land is then a public highway, for which the Road Authority is then responsible. Historically, this sometimes occurred at intersections of narrow laneways too tight for cars to turn the corner, so the owner pulled the fence back and allowed Council to construct the splay. Carriageway Easement – A carriageway easement is a portion of private land that the owner of a neighbouring property has the right to drive or walk over. Land Use Victoria – the Victorian department that issues property titles and registers property ownership changes (colloquially known as the Title’s Office). Conflict – Property Title vs Common Law - Two locations have now arisen within 50 metres of each other, where Brunswick City Council constructed road pavements and concluded that under Common Law, they had become public highways and therefore roads. However, in both these cases, that assumption has proved insufficient by todays road law standards. These are explained below. Location 1 - Wilkinson Street Car Park Council’s public car park known as 2-8 Wilkinson Street was constructed in the mid- 1970s and includes a neighbouring property that has a carriageway easement across the full length and width. At the time, Brunswick City Council concluded that constructing the land with the carriageway easement and subsequent use by the public, met the Common Law criteria for this land to be a public highway and therefore a road. Thereafter, Brunswick City Council showed the land as a road on the city plans (Attachment 1). A feasibility being undertaken for the land abutting the western boundary of this “road” has found that the property title has not been changed. The possible future development of the abutting land parcel requires the land to be converted to “road” on title, both to confirm the public’s right to use that land and to facilitate access to and from that land. Land Use Victoria will not change the property title based on interpretation under Common Law, out of concern that this can be challenged in the Courts. Land Use Victoria has advised that if Moreland Council declares the carriageway easement to be a public highway in the Government Gazette, Council can then apply to that Office to have the title placed in Council’s ownership as a “road” under Section 59 of the Transfer of Land Act 1958. Location 2 -Laneway rear of 409-419 Sydney Road When Brunswick was first settled, human excrement was tossed into the gutters. In the late 1800s, Brunswick, like other Councils, created a night-soil collection service where residents would place their toilets against the rear laneway using the ‘pail closet’ system so that the “nightman” standing in the laneway could reach through a small door in the back of the toilet and swap the pan for an empty one. The night-soil was carted away and used as fertiliser.

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There is evidence that those properties without a rear laneway were refused this service until they permitted a laneway to be constructed, to Council’s standards, across their land and the toilet placed at the back fence. This has resulted in several rear laneways in Brunswick that Council maintains and are shown on the former Brunswick City Council city plans, but do not exist on the property title. It appears that the former Brunswick City Council concluded that these laneways were public highways and therefore ‘roads’ under the Common Law principle of ‘dedication and acceptance’. That is, the Owner agreed to set their fence back to allow a road to be constructed (dedication) and the Council constructed the road (acceptance). The portion of the laneway across the land at 409-419 Sydney Road, Brunswick (currently Bunnings) is one of those laneways shown on the former Brunswick City Council city plans but does not exist on title (Attachment 2). Later, the sewer main was constructed under the laneway to be close to the toilets. When Council made Wilkinson Street and Henry Street one-way, this laneway was also made one-way, from Wilkinson Street north to Victoria Street. In late 2020, Bunnings identified that the laneway was on its title and erected bollards to stop traffic, much to the frustration of nearby Sydney Road traders. Fortunately, in good faith, Bunnings accepted the explanation of Council officers for access and so removed the bollards. However, the Bunnings land has just been sold and the new owner could challenge this issue in Court. Given that Council no longer has the documentation from the late 1800s proving that the owner had pulled their fence back for Council to construct the laneway (the dedication), Council may lose the case resulting in this busy laneway being lost to the public. 3. Issues Common Law is insufficient About once every month, Council receives notice from Land Use Victoria of an adverse possession claim over a portion of road or carriageway easement in Moreland. Since pre-1988 roads are not owned by Council, these claims are regularly successful. To date, Council has depended upon Common Law to claim the public’s rights over the roads. However, recent events highlight the fragile nature of depending upon Common Law to claim “road” status to protect public access. High land values increase temptation for legal challenges to Council’s claims, forcing Council to defend public access, a defence made more difficult by the growing length of time since the events occurred and the scarcity of historical documentation. Recent legal opinion is that all Councils across Victoria should be declaring their pre- 1988 roads to be public highways to avoid the above issues. This is a matter that Council officers will proactively investigate in 2021/22 and advise Council of the best way forward in due course. This work will likely involve detailed desktop investigations of known areas of Council’s roads that are most exposed to enclosure (e.g. nature strips and laneways) as the roads are not on Council’s title. This proactive investigation may require considerable effort by officers but in the interim, there are two important locations requiring Council’s immediate attention as outlined in this report. Declaration in the Government Gazette Whilst Common Law can be challenged in the Courts, a formal declaration of ‘public highway’ status vests ownership of these streets and laneways in Council. The process requires consultation, which allows all abutting property owners with legitimate claims over a portion of a road, to lodge them with Council. Recent legal opinion indicates that Council must recognise legitimate claims and remove each portion of a road legitimately claimed from the proposed declaration.

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Then Council can declare the remaining portions of roads to be public highways in the Government Gazette. This will provide the necessary legal status to allow an application to Land Use Victoria for ‘road’ status, removing the aforementioned problems. Declaration - Area This report has highlighted two issues within 50 metres of each other, however, all the nearby streets and laneways are pre-1988 roads, potentially subject to adverse possession claims. Therefore, it is appropriate to formalise the status of all the streets and lanes in this local area, namely the area bounded by Sydney Road, Victoria Street, the railway line and Albert Street, Brunswick (as shown on Attachment 3). Community impact A declaration will: i) Guarantee ongoing public access to Council’s public car park; ii) Guarantee ongoing public access along the north-south laneway; iii) Ensure that on-going public access is guaranteed for future generations; and iv) Facilitate access to the affordable housing project at 10-12 Wilkinson Street, Brunswick. Human Rights Consideration The implications of this report have been assessed in accordance with the requirements of the Charter of Human Rights and Responsibilities and found that the following right is relevant to this report: ‘A person must not be deprived of his or her property other than in accordance with law.’ The consultation process required by Section 223 of the Local Government Act 1989 ensures that affected owners and residents will have the opportunity to point out and explain any location where a declaration is not appropriate. Legitimate claims will need to be removed from the declaration. 4. Community consultation and engagement Section 207A of the Local Government Act 1989 requires Council to follow the public consultation process under Section 223 of that Act. This consultation is essential to ensure that any locations where the Council declaration should be challenged, are pointed out and explained to Council. The process grants the public the right to make submissions to Council to inform its decision. Almost 500 properties (most are apartments) will be directly circularised, plus the proposal will be advertised to the wider public via newspapers and website. The social distancing restrictions have impacted Council’s ability to undertake engagement through usual approaches. All notices to the public will be via direct circular or on-line. 5. Officer Declaration of Conflict of Interest Council officers involved in the preparation of this report have no conflict of interest in this matter. 6. Financial and Resources Implications It is estimated that the declaration process (mainly advertising costs) will cost approximately $5,000 and can be funded from the existing Sustainable Building Environment base budget.

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The proactive investigation of other areas across Moreland with similar issues will occur in 2021/22. The full extent of this problem is currently unknown, so the resourcing and workload implications is not clear at this time, although it could be significant and could impact base workload. Once the proactive investigations begin and more is known about this issue in terms of extent and risk, officers will be in a better position to understand the resourcing and financial impacts. 7. Implementation The consultation process under Section 223 will be followed, which will inform all residents and owners of abutting properties, providing them with an opportunity to inform Council of any impacts. A committee will be established to consider verbal submissions in support of written submissions. The 28-day consultation period is expected to commence in late April 2021 and the date of the hearing of submissions committee can be set for early July 2021. Council could then consider the matter in August 2021. Attachment/s 1⇩ Public Highway Declaration - Brunswick City Plan showing land as D21/16358 Road 2⇩ Public Highway Declaration - Laneway for night-soil collection D21/16363 3⇩ Public Highway Declaration - Proposed declaration area D21/16366

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7.7 INFRASTRUCTURE VICTORIA'S DRAFT 30-YEAR STRATEGY - COUNCIL SUBMISSION Director City Futures Kirsten Coster City Change

Officer Recommendation That Council endorses the officer submission as submitted to Infrastructure Victoria’s draft 30-year strategy consultation as contained in Attachment 1 to this report.

REPORT

Executive Summary Infrastructure Victoria is an independent advisory body with a function to prepare a 30-year infrastructure strategy for Victoria every three to five years. The most recent draft strategy, consisting of 95 recommendations to the Victorian Government, was released for public consultation in December 2020. An officer submission was prepared by compiling feedback across nine Moreland Council business units. The officer submission broadly endorses the draft strategy, supporting 49 of its recommendations and opposing only two. The officer submission was submitted to Infrastructure Victoria by the deadline of 26 February 2021 advising that Council would formally consider the submission at its next available meeting, being April 2021. Due to tight timeframes, it was not possible for Council to consider the submission prior to the deadline. Should Council make any changes to the officer submission this will be substituted. Previous Council Decisions Nil.

1. Policy Context Infrastructure Victoria (IV) is an independent advisory body with three functions: • preparing a 30-year infrastructure strategy for Victoria, which is refreshed every three to five years • providing written advice to government on specific infrastructure matters • publishing original research on infrastructure-related issues IV also supports government departments and agencies in the development of sectoral infrastructure plans. Infrastructure Victoria does not directly oversee or fund infrastructure projects. The submission is aligned to Council’s Council Plan and supporting key strategies and action plans. This suit of documents have been developed by Council to address a number of the long-term challenges and recommendations that are also outlined in the 30 year IV plan. Key strategies considered as part of this submission include: • Zero Carbon Moreland – Climate Emergency 2040 Framework and Action Plan 2021-2025 • Waste and Litter Strategy – 2018-2022 • Moreland Integrated Transport Strategy 2019 (taking into account revisions adopted by Council December 2020)

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• Nature Plan 2020 – 2024 • Integrated Water Management Strategy 2040 and Action Plan 2020-2024 • Moreland Planning Scheme, Local Planning Policy 22.08 Environmentally Sustainable Design (ESD) 2. Background IV’s draft 30 Year Infrastructure Strategy takes an integrated, cross‐sectoral view of infrastructure planning, making 95 draft recommendations to the Victorian Government across both metropolitan and regional Victoria. IV states that the strategy provides a vision for a prosperous, inclusive and sustainable Victoria over the next 30 years, aiming to: • confront long-term challenges • manage urban change • harness infrastructure for productivity and growth • develop regional Victoria Council regularly provides submissions to relevant public consultations. If timeframes do not provide sufficient time to accommodate Council’s consideration (report cycle), officer submissions are submitted noting that Council will formally consider the submission at its next available and may later supersede the submission. Infrastructure Victoria’s draft strategy was released on 9 December 2020. Due to staff leave over the Christmas and January period in particular, coordination of the submission across the organisation took its preparation right up to the submission deadline of 26 February. As a result, an officer submission was prepared and sent to IV prior to Council’s consideration. Should Council decide to make any changes to the officer submission, the submission will be substituted. 3. Issues Recommendations which were endorsed The submission endorses 49 of the strategy’s recommendations. These related to, among other topics: • accelerating the uptake of zero emissions vehicles • improving electrical infrastructure to support renewables • requiring more energy-efficient homes and buildings • allowing new gas-free developments • improving water management • preparing for an automated vehicle fleet • integrating public transport with new mobility services • improving recycling infrastructure • minimising waste • producing public plans for priority infrastructure sectors • partnering with local governments to fund pedestrian infrastructure • improving cycling • trialling congestion charging • renewing public housing

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• increasing tree canopy coverage Recommendations which were opposed The submission opposes IV’s recommendation 48 ‘Remove annual charges while introducing distance-based pricing for electric vehicles’. Council officers consider that implementing distance-based charging specifically for electric vehicles is likely to slow down the adoption of such vehicles. This in turn will make it less likely that Victoria will meet its carbon target. This view is in line with a Council letter recently sent to the State Treasurer (Attachment 2). The submission also opposes recommendation 67 ‘Protect a future option for a new cross-city motorway’. Moreland has a long-standing and on-going history of opposing the East West Link: • Council minutes of 14 August 2013 - East West Road Tunnel and Associated Major Public Transport Infrastructure Projects That Council write to the Minister for Roads and Transport, reiterating Moreland’s position on major transport infrastructure projects, with particular reference to: a) Opposition to the East-West Road Tunnel between the Eastern Freeway at Collingwood and Citylink at Flemington. • Council minutes of 12 June 2019 - Call for Re-direction of Federal Government funds from East – West link to Public Transport Infrastructure That Council writes to the Prime Minster Mr. Scott Morrison informing him that Moreland City Council calls on the Federal Government to divert the $4 billion earmarked for East West Link to investment in public transport infrastructure across Melbourne. Council presented its formal opposition to the East West Link to the panel hearing submissions in early 2014. Council’s opposition is due to concerns over local traffic impacts, road noise, loss of recreation facilities, impact on the public transport network and disruption to the cycling network. Recommendations which were neither endorsed nor opposed The submission focusses on key recommendations for Moreland and does not provide feedback on all recommendations. For example, the submissions does not deal with recommendations relating to regional Victoria. General comments As well as providing feedback on specific recommendations, the submission also provides general feedback on the topics of climate change, transport and built community infrastructure. Human Rights Consideration The implications of this report have been assessed in accordance with the requirements of the Charter of Human Rights and Responsibilities and was found to be in line with these requirements. 4. Community consultation and engagement Before making a decision that affects a person’s rights, Council must identify whose rights may be directly affected and provide an opportunity for that person (or persons) to convey those views regarding the effect on their rights and consider those views. The residents of Moreland will be affected if IV’s recommendations are implemented by the Victorian Government. All residents had the opportunity to provide their own submission to IV. Should Council endorse the officer submission and choose to publicise this fact, residents will have the opportunity to provide feedback to Council.

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5. Officer Declaration of Conflict of Interest Council officers involved in the preparation of this report have no conflict of interest in this matter. 6. Financial and Resources Implications Endorsing the submission has no financial implications. 7. Implementation If Council chooses to endorse the submission (with or without amendments), a final version of the submission will be publicised through Council’s standard communications channels. Attachment/s 1⇩ SBE - Infrastructure Victoria 30 year strategy - Signed submission - D21/73689 February 2021 2⇩ SBE - Letter to State Treasurer - Proposed Road Usage Tax on D21/1865 Electric Vehicles - 22 December 2020

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7.8 TECHNICAL STUDY ON THE IMPACT OF 5G TELECOMMUNICATION FACILITIES Director Engagement and Partnerships Joseph Tabacco Property

Officer Recommendation That Council notes the Review of Possible Effects of 5G Radiation and the Review’s overall conclusion “that 5G RFR will not present any deleterious effects on organisms in the environment and that 5G RFR is in many ways similar to 4G and previous generations of mobile telecommunications systems, without noticeable environmental effects.” (page 21).

REPORT

Executive Summary This technical study was requested by Council in the course of considering a proposal to lease land to Telstra for a new telecommunications facility. Council owns land at 1A Francis Street, Oak Park. Visionstream, acting on behalf of Telstra, approached Council to lease a part of Council land to construct a new telecommunications facility. In October 2019, Council resolved to commence procedures to lease the land as proposed. Following all statutory consultation processes, Council resolved to lease the land to Telstra on 15 May 2020. As part of the May 2020 resolution, Council resolved that a technical study should be undertaken on the impact of 5G telecommunication facilities. Council officers engaged researchers from Swinburne University of Technology to undertake the technical study. The study was conducted by three expert biophysicists, one of whom is also a medical practitioner, from the School of Health Sciences at Swinburne University. This study is now complete. The Technical Study states: “Our overall conclusion is that 5G RFR [Radiofrequency Radiation] will not present any deleterious effects on organisms in the environment and that 5G RFR is in many ways similar to 4G and previous generations of mobile telecommunications systems, without environmental effects.” (page 21). The study also notes a statement issued by Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) that “there is no established scientific evidence that the use of mobile phones causes any health effects” (page 20) which is broadly in line with the results presented in the report. The full Technical Study report is provided in Attachment 1. Previous Council Decisions EMF11/20 Proposed Telecommunication Lease with Telstra - Francis Street, Oak Park - 15 May 2020 That Council: … 7. Requests an independent Technical Study to be undertaken on the impact of 5G Telecommunication Facilities and a further report be presented to Council on the impacts prior to approval of any 5G infrastructure on Council land.

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EMF34/19 Proposed Telecommunication Lease with Telstra - Francis Street, Oak Park - 9 October 2019 That Council: 1. Approves in principle the location of the proposed telecommunications facility as identified in Attachment 1 to this report. 2. Commences procedures to lease part of John Pascoe Fawkner Reserve to Telstra for the purpose of a telecommunication facility and shelter equipment as required under section 190 of the Local Government Act 1989. 3. Gives public notice of the proposed lease in the Moreland and Northern Leader newspapers and on Council's website, and invites written submissions in accordance with section 223 of the Local Government Act 1989, and such notice states that Council proposes to lease part of its site to Telstra for a 10 year lease term with two further options of 5 years each at a commencement annual rent of $17,000 (plus GST) with annual fixed increments of 3%. 4. Appoints Councillor Mayor as Chair, and all North West Ward Councillors to a Committee to hear any submitters requesting to be heard in support of their written submission. 5. Notes the Hearing of Submissions Committee meeting to be held on a date and time to be set, at the Moreland Civic Centre, 90 Bell Street, Coburg. The date and time will be set by Council and any submitters will be notified. 6. Following the consultation process, receives a report in relation to the proposed lease of part of John Pascoe Fawkner Reserve to Telstra with a recommendation to proceed or not proceed.

1. Policy Context The Council Plan 2017-2021 articulates Council’s provision of a large range of services for our community. These externally facing service areas are supported by a range of Council teams that include the management of the community’s Council owned property and assets. Council’s Property Leasing Policy was used in the assessment of the lease. 2. Background Council owns land at 1A Francis Street, Oak Park (John Pascoe Fawkner Reserve). Visionstream, acting on behalf of Telstra, approached Council to lease a part of Council land to construct a new telecommunications facility. In October 2019, Council resolved to commence procedures to lease the land as proposed. Public notice was given in the Moreland and Northern Leader newspapers and on Council’s website, and 140 letters were mailed to nearby land owners and occupiers advising of the proposal. Eleven submissions were received. A petition of 70 signatures was also submitted to Council, objecting to a 5G facility in Moreland. Following all statutory consultation processes, Council resolved to lease the land to Telstra on 15 May 2020. As part of the May 2020 resolution, Council resolved that a technical study should be undertaken on the impact of 5G telecommunication facilities, before any approval is given for 5G facilities. Council officers engaged Swinburne University of Technology to undertake the technical study, to be conducted by Dr Zoltan Vilagosh, Dr Alireza Lajevardipour and Professor Andrew Wood, all of the School of Health Sciences at Swinburne University. This study is now complete.

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3. Issues Technical Study: Council officers engaged Swinburne University to undertake the Technical Study on the impact of 5G Telecommunication Facilities. A summary is provided below: Historical Data: Since the early days of radio broadcasts at the turn of the 20th Century, RFR radiofrequency radiation (RFR) has been used to carry information over large distances. Early broadcasts used frequencies in the thousands of cycles per second (‘kilohertz’). Such low frequencies have a limited capacity for carrying information. They are suited for voice broadcasts, but not for applications which require more information. As technology has developed, the frequency bands used have necessarily become higher; the higher the frequency, the more information that can be carried in a given unit of time. An analogy would be that one can fit more words on a page with a smaller font. More information per unit of time means greater data capacity. This is the motivation for the development of fifth generation (5G) technology. An advantage of 5G is that the antenna emission from the base station does not have to be broadcast over a wide area, but it can be directed only towards the receiver device. The analogy would be the difference between a room light and a flash light. The room light needs to be much more powerful to illuminate the desired area, whereas the flashlight does not need to waste energy to illuminate areas which do not need it. The current 4G technology needs to emit the signal in all directions since they cannot localise the beam in any specific direction. Moreland Study: To summarise, from publicly available information, the study estimated the likely RFR exposure near mobile phone base stations within Moreland City and those adjacent to parklands by the side of creeks, in relation to the relevant Australian standard for public RFR exposure. The study considered, the possibility of resonant absorption within particular organisms on the basis of their size in relation to the wavelength of RFR and their shape, particular organisms and portions of organisms which could be subject to enhanced RFR absorption. Computer modelling techniques were undertaken to predict the electric fields produced within and adjacent to these organisms. The amount of enhancement predicted that the maximum effect is of the order of two to three times the background RFR. When the results are incorporated into the equations for estimating rise in temperature due to RFR, the predicted enhancement gives increases in temperature of a few tenths of a degree. Bearing in mind that the small cold-blooded organisms considered do not regulate internal temperature, and that ambient conditions can change the environmental temperature tens of degrees over a period of a few hours, the report does not consider the change in temperature due to RFR biologically significant. The study noted that some of the changes in temperature occur in the air surrounding the organism rather than within the organism itself, so is even less likely to be significant.

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Since the frequency of the RFR is several orders of magnitude higher than is likely to be sensed directly by any organism, via electro-sensing organs, there appears to be no reason to suspect behavioural modifications. Swinburne also noted that, since there is a strong temperature variation in tissue dielectric properties and given that the ambient temperature varies throughout the day, different sized organisms will come into and out of their possible ‘resonant frequency window’, thus any enhancement effects would likely be temporary. The actual resonances are quite heavily dampened due to tissue absorption and are also likely to be less in actual organisms than in the idealised models used in our computations. Swinburne’s report notes the Australian Radiation Protection and Nuclear Safety Agency ARPANSA had issued a statement that ‘there is no established scientific evidence that the use of mobile phones causes any health effects’, the reports’ conclusions are in line with this statement. Each photon of 4G or 5G RFR is 20,000 times less powerful than a photon of visible light and 100 million times less powerful than an X-ray photon. Neither 4G nor 5G RFR photons have the energy to tear molecules apart or displace electrons, so they cannot damage tissues in the way Ultra Violet, X-rays or Gamma rays can. RFR safety standards are based on keeping temperature rises within the human body below levels which could compromise thermoregulation or cause other possibly harmful effects. There is a safety margin of a factor of 50 built in to derive the actual limits for the general population. (i.e. the safety standard is set at 2% of the level that could compromise thermoregulation or cause other possibly harmful effects). The main international body responsible for deriving limits is the International Commission for Non-Ionizing Radiation Protection(ICNIRP). The US-based Institution for Electrical and Electronic Engineers (IEEE) also produces standards. The current standards from these two bodies are very similar. The ARPANSA is the local agency for setting standards. Recently, in response to a revised standard from International Commission on Non-Ionizing Radiation Protection (ICNIRP), ARPANSA is in the final stages of approving a revised Australian standard for RFR. The levels discussed in this report are relevant to the latest ICNIRP standard. https://www.arpansa.gov.au/regulation-and-licensing/regulatory-publications/radiation- protection-series/codes-and-standards-1forinformation). Although it is of less relevance to environmental exposures than base stations, the exposure from devices such as handsets and tablets is greater than from base stations. Such handset exposure is more localised to the face or hands. The devices are required to comply with international standards and are type tested to ensure this is the case. The Technical Study report concludes 5G Radiofrequency Radiation (RFR) Radiation will not present any deleterious effects on organisms in the environment and that 5G RFR is in many ways similar to 4G and previous generations of mobile telecommunications systems, without environmental effects. The full report is provided in Attachment 1. Human Rights Consideration The implications of this report have been considered in accordance with the requirements of the Charter of Human Rights and Responsibilities. There are no Human Rights implications.

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4. Community consultation and engagement Community consultation and engagement was not required for this report. This report is to inform Council of an independent Technical Study undertaken on the impact of 5G the Telecommunication Facilities. 5. Officer Declaration of Conflict of Interest Council officers involved in the preparation of this report have no conflict of interest in this matter. 6. Financial and Resources Implications The cost of producing this report was met by Property Services’ internal consultancy budget. 7. Implementation No further action is required. Attachment/s 1⇩ Report on the impact of 5G Telecommunication Facilities - Swinburne D20/541530 University

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7.9 ACCESS TO LOCAL COMMUNITY NEWS IN MORELAND - RESPONSE TO NOTICE OF MOTION Director Engagement and Partnerships Joseph Tabacco Community Engagement

Officer Recommendation That Council: 1. Writes to the Inner Northern Community Foundation (INCF) formally expressing interest in its journalist-led news initiative; 2. Receives a further report on the feasibility of the journalist-led news initiative including any financial implications associated with supporting the project; 3. Writes to the Honourable Paul Fletcher MP, Minister for Communications, Infrastructure, Cities and Arts advocating for: a) A new fund to support suburban local news outlets and start-ups that do not qualify for the federal governments public interest journalism grants; b) A stronger aid for independent newspapers that serve as the primary source of local news for their suburbs, towns and cities; c) A lowering of the revenue threshold in the draft mandatory code to $75,000 especially for those outlets serving populations of less than 100,000 people.

REPORT

Executive Summary In March 2021, Council resolved to receive a report into access to local community news in Moreland. This report explores Council’s obligation to communicate ‘Council news’ to its citizens and the channels through which it does this. The media landscape in Australia has been changing over the past decade, with a decline in traditional community news outlets, particularly in suburban and regional media, and an increase in digital news platforms. These changes were amplified with the onset of the covid- 19 pandemic, and many additional suburban and regional news outlets ceased printing and shut their doors. Councils have had to deal with the challenge of changes to traditional news channels, while ensuring they continue to meet their obligation to communicate ‘Council news’ and upholding their role in emergency communication of essential health messaging during the pandemic. With the decline in traditional news outlets, we have seen the emergence of non-traditional news sources, driven by community interest and advocacy groups or individuals with an interest in community news and research into alternative sustainable news models. Council does not have an official role in the dissemination of community news that is not related to Council, however readily available community news plays a key role in creating connected communities. It is beneficial for the community and for Council to have access to community news via independent news outlets. However, to ensure the independence of news outlets, these should ideally operate at arm’s length from Council. There are still a number of ways that Council can support local journalists and news outlets, the creation and dissemination of community news and organisations that advocate for public interest journalism. Options have been explored in this report that might assist in tackling a number of the issues around access to community news in Moreland.

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The recommended option is to continue to explore possibilities with the Inner North Community Foundation’s journalist-led local news initiative, while advocating for extended federal government assistance to community news outlets. Another positive possibility would be extending Council’s Inside Moreland newsletter, with more content and/or more frequency, but this would rely on additional budget allocation in a challenging budget environment.

Previous Council Decision Notice of Motion 12/21 Access to local community news in Moreland – 10 March 2021 That Council receives a report at its April 2021 meeting that outlines: 1. The current state and availability of local community news outlets in Moreland. 2. Possible ways Council could increase access to local news in Moreland, including through supporting existing or emerging local news outlets or through funding a new independent local media outlet. 3. Possible ways in which Council can support local journalists and journalism students to produce local news stories for the community.

1. Policy Context This proposal relates to Council’s Human Rights Policy and Inclusive and Accessible Communication Policy. It is an obligation of Council to ensure that all citizens be provided with dignified and equitable access to services. Outcomes should include: • Increased proportion of Council’s communications output and methods are inclusive, accessible and respond to a variety of communication needs; • Moreland’s community has better understanding of Council communications; • Increased proportion of Council services are inclusive, accessible and respond to a variety of diverse needs; • More people from priority groups access Councils services, programs and events. • It also relates to the Councillor Code of Conduct and Councillor Media Protocol. As representatives of the local community, Councillors have a primary responsibility to be responsive to community views and to adequately communicate the position and decisions of Council. 2. Background Council is responsible for communicating ‘Council news’ to its citizens. Council has a variety of established communication channels to deliver council news to the community, including: • Digital media, including social media platforms, corporate website, engagement website • Electronic direct mail publications including MyMoreland, Business Moreland and other EDMs targeted to specific sections of the community by their demographic or interest • Inside Moreland, quarterly 8-page printed publication to over 70,000 households • Direct mail via letterbox drop or Australia Post

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• Marketing collateral including flyers, brochures, postcards, signs, posters, etc • On hold messages, bright signs in Council facilities • Events, face-to-face meetings Council’s communications team also use independent community news outlets to help inform the community about Council news, by pitching newsworthy information about Council services, events, people, programs and more. There are a variety of independent news outlets in Moreland, including print, digital and broadcast, outlined in this report. Prior to the coronavirus pandemic, the Moreland Leader was the independent news outlet that Council’s communication team approached the most to communicate Council news, due to the Moreland Leader’s distribution matching Council’s target audience. The Moreland Leader ceased printing hard copy publications in April 2020, considered a temporary measure at first due to the impacts of the covid-19 pandemic. In May 2020, Newscorp announced that many of their publications would cease hard copy publication permanently, the Moreland Leader being one of them. From this point on, Moreland specific content in Newscorp publications has been sporadic on the Herald Sun online platform. Council’s communication team continues to pitch Council news to independent news outlets in Moreland. Council news v local community news Council has a responsibility to communicate ‘council news’ to its citizens. Council news includes information about the services Council provides, programs and activities run or supported by Council, Council events, and Council policies and positions on issues. ‘Local community news’ can be wide-ranging, including local news stories about people, what’s on, crime, events, practical information, inspirational stories, jobs, trades and services and much more. This information in most instances, is not directly related to Council. Council’s role in emergency communications Council also has an official role in emergency communications. Throughout the coronavirus pandemic, Council has been tasked with sharing essential health messaging, as guided by the State Government. We have also had a role in tailoring that health messaging to our local community to increase reach and ensure relevance. Temporary expansion of Communications Unit and positive impact on community information During the pandemic, Council secured $16 million from the State Government’s Working for Victoria program for an additional 310 equivalent full-time equivalent (FTE) jobs. Through this program, the Community Engagement branch added 10 FTE (plus a further 12 Information Distribution Officers) to assist in the increased demand for disseminating essential health messaging to the community in addition to changing information on Council services. These positions also enabled greater promotion of all Council services and facilitated sharing of information to build community connections and sharing of news about community initiatives. The significantly increased capacity in the Community Engagement branch allowed an increased communication offering to the local community in the following areas: • Increased presence and investment in social media with a focus on targeted Facebook advertising and boosting based on location, interests, age and language;

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• Increased presence on other social media channels and strategy development for Instagram and LinkedIn; • Increased community signage, posters and decals; • Increase in printed Community Update newsletters (Moreland-wide), with covid- 19/health messaging and with a strong community wellbeing focus; • Increase in printed publications through the Be Kind campaign, with essential service information targeted at vulnerable community members; • Increased advertising in local CALD newspapers; • Increased campaigns focused on community connections such as Love Moreland, Buy Local; • Implemented a number of electronic direct mail (EDM) communications (Moreland-wide and targeted to specific interest groups) as well as essential information via rates database; • Expansion of Inside Moreland (quarterly Moreland-wide printed publication) to 12 pages, and a change of focus from feature stories to include a variety of shorter, sharper content to cater to more of the community; • Increased use of Conversations Moreland to highlight community engagement projects with meaningful and accessible information to help community effectively understand and contribute to consultations; and • Increased presence of Mayor on social media, both written and video content including weekly posts and Council meeting wrap ups. With Working for Victoria contracts ended, or ending by 30 April 2021 at the latest, the capacity of the Community Engagement branch will be reduced to pre-pandemic levels. This will lead to a significant drop in the level of council news and information that can be developed and communicated across the municipality for building community knowledge, connections and wellbeing. Local community news outlets in Moreland Outlined below are various media organisations and groups that the Council communications team come into contact with both proactively and reactively on a reasonably regular basis.

Title Category Format Type of Comments content/interest in relation to council Herald Sun Metro Media Print & online Controversial news (paywalled) related to Council. Council activities relevant to broader community. Unique/ newsworthy items related to Council. The Age Metro Media Print & online As above Expanded from 1 to 2 City News reporters in 2020, publishing slightly more Council related content, across Melb Metro Councils.

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Title Category Format Type of Comments content/interest in relation to council The Metro Media Print & online As above Australian (paywalled) Australian Metro Media Print & online As above Financial Review ABC Metro Media Broadcast - As above Melbourne talkback and Radio news 3AW Metro Media Broadcast - As above talkback The Metro Media Print & online As above Guardian The Daily Metro media Online free As above News Northern Suburban media Online (Herald As above Leader Sun platform, no print layout. paywalled) Moreland Suburban media Online (Herlad As above Paper and Leader Sun platform, no printing ceased print layout. in April 2020, paywalled) Moreland dedicated journalists stood down mid-2020. Moreland dedicated journalist reinstated March 2021. The Local Suburban media Print & online As above Paper (distribution to (North-west specific locations edition) - local shops/ community venues) Coburg Hyperlocal Online & print by Controversial news Meddler request (no wide related to Council, distribution) community and neighbourhood news Brunswick Hyperlocal Online free Community, Has offered Daily entertainment, local mutual business and promotional human-centred partnership stories Hello Community org Online free Community, health Noted on Merri Fawkner and sector news Health's website to be finishing up in mid-2021 Brunswick Community Online (blog, Controversial news Residents driven free) related to Council, Network community and neighbourhood news

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Title Category Format Type of Comments content/interest in relation to council Moreland Community Online Controversial news Star driven (volunteer (Facebook) related to Council, based) community and neighbourhood news Il Globo CALD media Printed & Online Controversial, (Italian) (Available at community and newsagencies cultural news and via home delivery subscription or postal subscription.) Neos CALD media Print & online Controversial, Kosmos (Greek) edition community and cultural news Chinese CALD media Print & online Controversial, Daily (Chinese/ community and Mandarin) cultural news El CALD media Printed & online. Controversial, Telegraph (Arabic) Published community and Monday-Friday, cultural news available at newsagencies. 3ZZZ Community Radio Broadcast Community, entertainment, local business and human-centred stories 98.9 North Community Radio Broadcast Community, Agreement to West Radio entertainment, local conduct monthly business and interviews with human-centred our Mayor stories SBS radio Metro radio Broadcast Controversial and cultural news related to Council Council activities relevant to the broader community Unique/ newsworthy items related to Council Brunswick Community Online (blog, Controversial news Voice driven (volunteer free) related to Council, based) community and neighbourhood news 3RRR Community Radio Broadcast Council’s arts Used primarily to activities promote Moreland’s arts and cultural events Media requests and coverage – Moreland City Council

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Since the demise of the printed local Leader, media coverage of Moreland Council issues and activities has not been impacted significantly in terms of the number of mentions in media. Note: data periods vary slightly in length due to availability of data. Quarterly reporting was paused in the early stages of the pandemic due to competing priorities, hence the gap between January 2020 and June 2020. # Mentions Sentiment Council media 13.7% negative mentions in the period 465 mentions 15.7% positive July 2020 – January 2021 70.7% neutral Council media 15.5% negative mentions in the period 410 mentions 21.2% positive July 2019 – December 2019 63% neutral Sentiment is a metric which provides helpful insights into how audiences feel about and perceive, in this case, editorial in news media. Sentiment analysis determines whether a text is positive, negative, or neutral by extracting particular words or phrases, through opinion mining. The figures above show that sentiment where Moreland Council is mentioned has remained largely unchanged over the two periods, with a slight move to more positive and neutral content. Media requests received have remained reasonably stable pre and post covid-19: • 132 requests were received March 2019 – February 2020 • 106 requests were received March 2020 – March 2021. Since the covid-19 pandemic and the closure of local Leader print publication, we have seen a shift in the types of media outlets who approach Council for information or comment. Local community news outlets in Moreland can be categorised into: • metro media (mainstream news organisations including print, radio and broadcast, servicing National and State) • suburban media (news organisations servicing Moreland suburbs – Leader Group) • hyperlocal media (unlikely to be formal news outlets, primarily reporting on stories related to localities/neighbourhoods) • CALD media (news organisations operating in languages other than English and servicing ethnic groups that identify with that language and/or culture) • community radio (non-profit radio with a community connections and news and entertainment focus) • Other (organisation driven, freelance, journalism students and interest/advocacy groups) These sources play an important role in reporting local issues and reflecting the needs and views of the community.

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Media requests: March 2020 – March 2021 Media category % Media requests Breakdown The Age 30% Metro media 68% Herald Sun 12% ABC 8% Suburban media 13% Leader Group 100% Community Radio 5% 98.9 NorthWest FM 100% Il Globo 2% CALD media 4% Neos Kosmos 1% SBS Radio language 1% Moreland Star 4% Hyperlocal 5% Brunswick Daily 1% Other 5% Journalism students 5% Media requests: March 2020 – March 2021 Media category % Media requests Breakdown The Age 30% Metro media 68% Herald Sun 12% ABC 8% Suburban media 13% Leader Group 100% Community Radio 5% 98.9 NorthWest FM 100% Il Globo 2% CALD media 4% Neos Kosmos 1% SBS Radio language 1% Moreland Star 4% Hyperlocal 5% Brunswick Daily 1% Other 5% Journalism students 5%

Observations from these figures include: • Metro media are taking a greater interest in the local suburban news reporting space since the demise of several suburban news outlets. As an example, The Age increased from 1 to 2 City News Reporters, who regularly check in with Council media officers. • There is appetite for local suburban news at a mainstream level, the nature of these media requests is often around controversial news or Council activities that have wider reach or implications outside of a Local Government Area. • There has been an increase in requests from smaller community driven interests/advocacy groups and hyperlocal publications. This trend was also influenced by the COVID-19 pandemic where many smaller publications and news sources took on a greater role in emergency and public health communications. 3. Issues Local media landscape in Australia Our local media landscape is shifting under broader sector trends in Australian media. Access to local community news and information sources – particularly in free and print formats - has declined in recent times.

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The ACCC Digital Platforms Inquiry released a final report in July 2019, showing: • 106 local and regional newspaper closures from 2008 to 2018, representing a 15 per cent reduction. • 21 local government areas were not covered by local newspapers, including 16 in regional Australia. These figures do not take into account for the Newscorp closures that took place in 2020. These figures do show that traditional local community news sources have been in decline for some time, not just since the outbreak of the Covid-19. A key concern around the loss of these traditional local community news sources is the difficulty in keeping our community informed of Council activities and services - especially those without internet access, digital skills and lower socio-economic communities who cannot afford to pay for access to local community news. While traditional local community news sources have been in decline, digital news platforms have been on the rise, ranging from small community blogs to larger digital content aggregation platforms. Recent State and Federal Government support of local media news outlets $50 million Public Interest News Gathering (PING) program (Federal) In June 2020, the Federal Government announced 107 regional publishers and broadcasters had been successful in receiving a share of the $50 million Public Interest News Gathering (PING) program to support news services who provide public interest journalism to regional communities. This implemented the Australian Competition and Consumer Commission's recommendation in the Digital Platforms Inquiry to enhance the Government's Regional and Small Publishers Jobs and Innovation Package (RSPJIP) to better support high quality news, particularly in regional and remote Australia. There are still some barriers for news organisations to qualify for assistance from the PING program, including: • funds can only be accessed by news organisations that have served their communities for a minimum of 12 months and have a history of delivering public interest journalism. • limited to regional news organisations This leaves out many small independent newspapers, in particular suburban media, and new media start-ups. News media bargaining code (Federal) In February 2021, final legislation was passed by both houses of Parliament for commencement of the News Media Bargaining Code, to allow news media businesses to bargain individually or collectively with Google and Facebook over payment for the inclusion of news on their services The code was designed to address the fundamental bargaining power imbalance between Australian news media businesses and major digital platforms. This imbalance has resulted in news media businesses accepting less favourable terms for the inclusion of news on digital platform services than they would otherwise agree to. Various news media businesses can participate in the code, which covers ‘news sources’ including news websites, newspapers and other print publications, television programs, radio programs, and other audio or video content made available online. Based on the news sources they nominate, news media businesses can participate in the code if: • They predominantly produce ‘core news’ and publish this online.

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• They adhere to appropriate professional editorial standards. • They maintain editorial independence from the subjects of their news coverage. • They operate primarily in Australia for the purpose of serving Australian audiences. Additionally, an eligible news media business’s annual revenue must exceed $150,000, in either the most recent financial year or in three out of the five most recent financial years. These criteria again have the potential to eliminate many small independent newspapers and new media start-ups. Emergency support to help regional print media (Victorian Government) In April 2020, the Victorian Government announced emergency support to help regional print media survive and ensure all Victorians have the information they need to protect themselves, slow the spread of coronavirus and save lives. The Government committed to booking one page of print advertising and digital advertising in more than 100 regional outlets each week for six months. The $4.7 million package was developed in consultation with the Victorian Country Press Association. This assistance also focused on regional news outlets only, with no assistance for suburban media. Organisations that advocate for public interest journalism Australian Press Council Australian Press Council is responsible for promoting good standards of media practice, community access to information of public interest, and freedom of expression through the media. It is also the principal body with responsibility of responding to complaints about Australian newspapers, magazines and associated digital outlets. The Australian Press Council makes statements and submissions on a range of public policy issues within its areas of interest. The Public Interest Journalism Initiative The Public Interest Journalism Initiative (PIJI) is a philanthropically funded, non-profit company (established in December 2018) that conducts research to inform practical policy solutions and public conversation on the importance of an effective, independent news media. The PIJI vision is for a robust and sustainable eco-system for public interest journalism in Australia by 2023. The PIJI has also commenced an Australian Newsroom Mapping Project to document changes in news availability around Australia. Alternative news organisation models in Australia *PS Media *PS Media is a new venture designed to help rebuild the local news sector. The new venture has been started by Pro Bono Australia founder-CEO Karen Mahlab, journalist/academic Dr Margaret Simons and Be Collective founder Robert Wise and led by Buzzfeed Australia founding editor Simon Crerar. The Project is in the early stages and is currently looking at successful business models of local news media in other countries and to apply their best elements to Australian media organisations.

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Inner North Community Foundation journalist-led local news initiative The Inner North Community Foundation (INCF) is working to develop a sustainable social-enterprise business model for a journalist-led local news initiative. It is envisaged that journalistic ethics and practices would lead the project and there is an opportunity to mentor and support citizen-led news initiatives to raise standards and improve local engagement. The project will explore sustainability through membership, subscription and advertising – the intent being to create a self-sustaining business model that does not rely on ongoing funding. This is a concept for a community-owned and localised digital news service run as a sustainable social-enterprise. Why is the INCF initiating this? The rise of on-line and digital competition in the last decade and a half has seen a significant structural change in the development and distribution of local news in most modern western democracies. Diminishing advertising revenue has created the economic conditions where newspapers have had to completely restructure and transform their business model with devastating impact on local news generation and distribution. The inner north of Melbourne is no exception. Most local newspapers covering the municipalities of Yarra, Moreland and Darebin having either gone out of business or moved to digital only iterations. From a journalistic perspective the economic restructuring, closure of papers and move to digital only distribution has had a significant impact on the basic reporting activities that generates local news – council activities, local authorities, high street business, sporting clubs, cultural institutions and in some instances, safety, crime, and local justice. How is the INCF progressing this? It is likely the project will be in two parts: 1. An initial six-month process to develop the business model, test feasibility (i.e. income and expense models) and work out governance – estimated to be a $25,000 to $35,000 proposition. 2. Pilot project to implement and test proof of concept – estimated at $120,000+. Likely auspiced by local agency such as a Neighbourhood House, this phase would make recommendations around independent enterprise development and next stages of development (funding sources for working capital etc). Stakeholders

• The Melbourne Press Club is supportive of the initiative and will play an important sponsorship role; • The Judith Neilson Foundation will be the primary source of funding; • The INCF will support the development of the enterprise and may be a funds holder for the initiative; and

• Other partners (including Councils) are being sought to provide in-kind, material or financial support.

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How Council can support increased access to community news in Moreland There are still a number of ways Council can support local journalists and news outlets, the creation and dissemination of community news and organisations that advocate for public interest journalism. Four options are proposed below. One of these options, or a mixture of several options, could help to improve access to community news in Moreland. Option 1 – Community News Grants (new grant category or revised criteria for inclusion in existing Community Grants program) A new grant category could be introduced to support local journalists or community groups to write and disseminate community news that helps to create a more connected and better informed community. Alternatively, the Community News grant could be incorporated into the existing Community Grants Program which would spread current community grant funding across more funding categories. Criteria would need to be established to determine eligibility for Community News grants. If a Community News Grant category was introduced, $50,000 is suggested (allowing for 5 grants of up to $10,000). Officer resources of 0.2EFT (approximately $18,000 p/a excluding on-costs) would be required to administer the grant category. An assessment of community interest for this type of grant would also be required to ensure these administrative costs and the allocation of additional funds for a new grant is of value to the Moreland community. Officer summary: While this option would offer individuals and community groups an opportunity to continue, and potentially increase, their output of local community news, it is unlikely to result in significant reach to the Moreland population. Individuals and groups of this size are also unlikely to operate in the form of an independent news outlet with journalistic ethics and standards. Therefore, this option is not recommended at this point in time. Option 2 – Increased frequency and expansion of Inside Moreland to include community contributions Inside Moreland is Council’s quarterly printed publication, with 70,000+ copies distributed to households and businesses across Moreland 4 times a year. There is an opportunity to expand Inside Moreland to include contributions from the local community/local journalists. Criteria would need to be established around the definition of ‘community news’ and who can contribute. It should also be noted that this type of publication has a 4-to-6- week lead time for production, so the content cannot be ‘as-it-happens' or ‘breaking’ news. Community stories and profiles would be more suited for this publication. Options and costs Additional cost Additional resources Total Expand Inside Moreland from 8 to 12 pages (continue with $28,240 $21,855 (0.2 FTE) $50,095 quarterly publication) Expand Inside Moreland from 8 to 12 pages AND increase to $90,680 $65,565 (0.6FTE) $156,245 bi-monthly (6 editions per year)

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Officer summary: While this option would provide opportunity for local community members and local journalists to submit community stories for publication in a printed format, Council does not operate as an independent news outlet and cannot provide news as it happens. Increased frequency and expansion of Inside Moreland does not assist with the lack of independent news outlets and their benefit for a well-functioning democracy.Therefore, this option is not recommended at this point in time. Option 3 – Support Inner North Community Foundation’s journalist-led local news initiative Council has had initial discussions with the INCF about the project. At this point there is no further information on the level or type of involvement requested from councils. Officer summary: This project offers the potential for the existence of an independent news outlet, with journalistic ethics and standards, focused on delivering local community news. While the outcome of this model is not likely to include a printed publication, and so the barrier to those that do not use online media still exists, it does create an option for Council to support a local community news solution that remains at arm’s length to Council. Continued conversation with INCF and in-principle support of this initiative is recommended, and a further report to Council if a material, in-kind or financial request is made of Council. Option 4 – Follow local community news industry trends via relevant associations and advocate to the State and Federal Government for more support of local community news organisations To remain up to date with the various issues facing suburban media in Australia, Council’s media officers can subscribe and follow industry advocates, including The Australian Press Council and the Public Interest Journalism Initiative. Council can also write to The Honourable Paul Fletcher MP, Minister for Communications, Infrastructure, Cities and the Arts, to advocate for: • A new fund to support suburban local news outlets and start-ups that did not qualify for the public interest journalism grants, and stronger aid for independent newspapers that serve as the primary source of local news for their suburbs, towns and cities. • A lowering of the revenue threshold in the draft mandatory code to $75,000, especially for those outlets serving populations of below 100,000 people. Climate emergency and environmental sustainability implications Whilst there are no immediate climate emergency or environmental sustainability implications associated with this report, it is important to note that the cessation of traditional hard copy newspapers no longer being in circulation has resulted in a reduced volume of paper being delivered to households across the municipality. Significant effort has been applied by Council in recent years to diversify its news distributions methods, particularly in the digital space through the development of e- newsletters, social media and radio advertising. Economic sustainability implications Time constraints associated with responding to this Notice of Motion within the specified timeframe has meant that a comprehensive economic assessment looking at the closure of the Moreland Leader and estimated job impacts at a local level has not been possible.

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Legal and risk considerations There are no legal implications associated with this report. Human Rights Consideration The proposals contained in this report have been assessed in accordance with the requirements of the Charter of Human Rights and Responsibilities. It is deemed that there are no implications, however the report has been prepared that responds to Moreland City Council’s Human Rights Policy and Inclusive and Accessible Communication Policy to ensure the proposals featured in this report would lead to: • An increased proportion of Council’s communications output and methods are inclusive, accessible and respond to a variety of communication needs; • Moreland’s community has better understanding of Council communications; • An increased proportion of Council services are inclusive, accessible and respond to a variety of diverse needs; • More people from priority groups access Council’s services, programs and events. 4. Community consultation and engagement This report was developed through research, consultation with relevant council service areas and consultation with the INCF and other local Councils. Community engagement was not required for the development of this report. 5. Officer Declaration of Conflict of Interest Council officers involved in the preparation of this report have no conflict of interest in this matter. 6. Financial and Resources Implications There are no financial or resource implications for options 3 and 4, apart from officer’s time. Options 1 and 2 have both financial and resource implications as detailed in the report. 7. Implementation Subject to Council’s approval: • Council officers will write to the Inner North Community Foundation expressing in-principle support of the journalist-led news initiative and explore the initiative further via meetings with INCF. • Council officers will prepare a letter for the Mayor’s signature to The Honourable Paul Fletcher MP, Minister for Communications, Infrastructure, Cities and the Arts. • Council officers will subscribe to news and updates from advocacy organisations, including The Australian Press Council and the Public Interest Journalism Initiative to keep abreast of the issues outlined in this report. Attachment/s There are no attachments for this report.

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7.10 TRANSPARENCY - DISCLOSURES OF RELATIONSHIPS WITH DEVELOPERS - RESPONSE TO NOTICE OF MOTION Director Business Transformation Sue Vujcevic Governance and Strategy

Council resolved at its meeting on 10 March 2021 to defer consideration of this report to the April 2021 Council meeting. The Officer Report has been included in this agenda as it was published in the March Council agenda except for the inclusion under ‘Previous Council Decisions’ of the 10 March 2021 decision. Officer Recommendation That Council notes the existing requirements and policies to support transparency in decision making outlined in this report, including the Governance Rules, Councillor and Employee Codes of Conduct, Councillor and Council Staff Interaction Protocol and Urban Planning delegates reports procedure.

REPORT

Executive Summary Council is committed to transparency in decision making and in December 2020 sought a report regarding transparency of Councillor relationships with developers. Consideration has been given to the existing governance and transparency framework along with examples from other Australian states. Existing laws, policies and guidelines that apply to Councillors and Council officers include: • Local Government Act 2020 transparency principles, conflict of interest and improper conduct provisions and requirement for biannual personal interest returns; • Councillor Code of Conduct; • Governance Rules – Meeting Record requirements and conflict of interest disclosure procedures; • Councillor and Council Staff Interaction Protocol; • Employee Code of Conduct; and • Urban Planning delegates reports procedures. This legislative and policy framework is supported by Council’s commitment to transparency in addition to the requirements to make some records or registers publicly available. The information available to the public on Council’s website, relating to the disclosure of relationships includes: • Summary of Personal Interest Returns; • Register of gifts, benefits and hospitality; • Council meeting minutes – including disclosures of conflicts of interest and records of meetings organised or hosted by Council; • Conflicts of interest register; • Summary of Election Campaign Donation Returns.

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Western Australia, New South Wales and Queensland provide examples of how Councillor contact with developers, donors and lobbyists is managed with only Western Australia requiring a register. These registers however, do not seem to be available on Council websites and therefore do not necessarily provide a transparency mechanism. In New South Wales, the obligation remains with Councillors to protect themselves from any allegations of impropriety through their own record keeping and conduct. Queensland councils are required to have a policy to govern conduct relating to developers and lobbyists. What should be included in register of Councillor contacts or relationships with developers would be difficult to define and a register cumbersome to maintain and it is not recommended a register is established. Previous Council Decisions DBT32/21 Transparency – Disclosures of Relationships with Developers – 10 March 2021 That the item be deferred to the April 2021 Council meeting.

NOM55/20 Increasing Transparency in Planning and Development matters – 9 December 2020 That Council: 1. Receives a report regarding meetings and relationships Councillors have, or may have, with developers and their associates with a view to developing a policy position. The report should also consider: (a) Matters related to Councillor communications with such persons including emails, correspondence, phone contact and so on, and incidental meetings in public too. (b) How relationships with developers and associates may otherwise be made clear and transparent to the public in conducting planning and other Council business. (c) Establishing a public register of communications and meetings between Councillors, Council staff, and property developers or their representatives. (d) How best to engage with the community in considering and developing the policy 2. Receives the report at the March 2021 Council meeting.

1. Policy Context The importance of transparency has been recognised in the Local Government Act 2020 (the Act) which sets out public transparency principles and requires councils to adopt a public transparency policy. Council adopted its first Public Transparency Policy in August 2020, setting out its commitment to transparency. The Councillor Code of Conduct sets out the conduct to be observed by Councillors including: • Councillors must not only avoid impropriety but must at all times avoid any occasion for suspicion and any appearance of improper conduct. This clause is specifically included in relation to statutory decision making. • The Mayor and Councillors will share any information that will support informed decision making, including background information received from outside the organisation. This includes information received from developers or other parties to a planning process.

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Records of meetings hosted or organised by Council involving Councillors and Council staff must be kept and reported to Council in accordance with the Governance Rules. These records must include the attendees of the meeting, the matters discussed and whether any conflicts of interest were disclosed. The Councillor and Staff Interaction Protocol requires Councillors who receive planning objections or submissions (including from developers or applicants), to forward them to Urban Planning staff without delay. Submissions and objections received in this way will be reviewed and assessed with all other planning submissions or objections received in relation to the same proposal and considered as part of the application or amendment decision process. The Act also sets out the requirements for disclosures of interest via biannual personal interest returns and declarations of conflicts of interest and requires Councillors to declare any conflicts of interest and not participate in decision making if a conflict of interest exits. Similar provisions exist for Council officers. Serious penalties are applicable for a Councillor found to have misused their position, including participating in a decision on a matter in which the person has a conflict of interest. 2. Background Transparency in decision making is critical to maintaining public trust and confidence in the functions of Council and the City. Councils play a key role in facilitating growth and development within their municipal boundaries which includes providing advice and support to businesses, and about strategic land use planning, statutory planning and building services. Councillors and Council officers are governed by a number of policies and processes, as well as the requirements of the Act, which support integrity and transparency across operations and Council decisions. There does not appears to be examples of Victorian councils establishing a register or particular policies to govern meetings between developers and Councillors or Council staff as the existing transparency and accountability framework is considerable, although some are considering developing policies in relation to lobbying of Councillors, including by developers. Greater Geelong and Port Phillip councils considered implementing a register of the nature contemplated by Council but did not proceed with the establishment of a register. Stonnington City Council is currently considering implementing a Lobbying policy. There may be particular findings or recommendations following Operation Sandon, the Independent Broad-based Anti-corruption (IBAC) investigation into allegations of corrupt conduct involving councillors and property developers in the that will be relevant across local government in Victoria and implementation. Other jurisdictions The Independent Commission Against Corruption (ICAC) in New South Wales released guidance for Councillors in relation to lobbying in local government Councillors. This resource recognised that lobbying is common in local government and councillors are lobbied in relation to a number of issues, including development matters. The ICAC Guide includes the view that appropriate lobbying is normal however inappropriate lobbying, such as when a lobbyist tries to inappropriately influence a councillor’s decision making, may also be a risk. The Guide sets out recommendations for councillors, rather than the administration, to maintain transparency as follows: “Transparency is a useful means of governing accountability and perceptions of fairness in lobbying processes. There are a number of ways councillors can help ensure transparency whilst being lobbied.

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These include: • documenting meetings with proponents • generally conducting meetings in official locations such as council premises • having other people present during meetings • inviting applicants who have approached them for a meeting to discuss a significant development to write to council seeking a meeting with all councillors and relevant staff • providing copies of information presented during lobbying meetings to council officers for consideration and assessment (if required), distribution to other councillors and filing as part of council’s records • asking people who have requested a meeting to put their arguments in writing • making a declaration at a council meeting about lobbying activities they have been engaged in that are not part of council’s formal processes. Councillors can consider these options in situations where it would be beneficial to have some form of record about what transpired between themselves and a proponent”. A limited number of Councils in Western Australia have established a register to record developer meetings with Councillors. These registers do not record officer meetings with developers. Queensland councils are required by the Queensland Integrity Act 2009 to have policies governing developer interactions with councillors and employees, but do not have registers. 3. Issues Councillors have an obligation to represent the diversity of interests in the community and in doing so make themselves available to various groups and individuals in the community. Equally Councillors maintain a commitment to transparency in decision making which is essential in maintaining public trust. There is a comprehensive framework in place to require Councillors and Council officers to disclose relationships and interactions with developers. In addition to biannual personal interest returns and conflicts of interest disclosures, meetings arranged or supported by Council staff, including scheduling the meeting or attending the meeting must have a Meeting Record kept which is then reported to Council. While not a stand-alone register, these records have the effect of putting on the public record meetings involving developers, Councillors and Council staff. Over the past 12 months, the number of documents published on Council’s website that provide transparency around relationships has grown to include, in addition to Council meeting minutes: • Summary of Personal Interest Returns; • Register of gifts, benefits and hospitality; • Conflicts of interest register. These registers are included on the Documents available for public inspection page. Additionally, the Summary of Election Campaign Donation Returns for both the 2016 and 2020 elections is available on the website.

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Council officers are regularly in contact with developers in the course of their duties and have obligations to comply with procedures and policy in record keeping and to act with integrity in all their dealings. Each planning permit application delegate report includes a declaration that there are no conflicts of interest by the report author or reviewer. This is also the case for summary reports when planning enforcement cases are closed. Records and reports completed by Council officers may be requested through the Freedom of Information process. The requirements for a register of meetings with developers would need to be articulated to ensure it could be properly administrated and did not deter developer interests or confidence in investing in Moreland. Equity and the rights of ratepayers and community members to continue to have access to their elected representatives would also be considerations. The governance for a register would need to include: • The definition of a developer – the size of development that would trigger inclusion on the register; • Consideration of whether the register also include meetings and correspondence with objectors; • Any privacy considerations; • How correspondence is defined and collected, including how and how often Councillors would provide details of emails, phone calls, text messages etc; • Whether any correspondence or contact be exempt, for example contact/discussion not related to a specific development; • The nature of information to be included in the register balanced against privacy and confidentiality obligations; • How often the register would be published. As the NSW ICAC recommends, it is the responsibility of each Councillor to help ensure transparency and there are a number of actions they can take to ensure integrity in relation to development processes in particular. Adopting these practices in a guideline or policy may be a more effective way to further specify existing conduct obligations than establishing a register of developer meetings. There will likely be recommendations or even legislated requirements following the IBAC investigation into allegations of corrupt conduct involving councillors and property developers in the City of Casey. Council’s responses to findings and implementation of any recommendations will be monitored and reviewed by the Audit and Risk Committee. Legal and Risk Implications Any register or policy to be developed would need to be considered in a legislative context. If a register is developed, Council will need to ensure that it meets the requirements of the Privacy and Data Protection Act 2014. Human Rights Consideration There are no implications of this report relating to the requirements of the Charter of Human Rights and Responsibilities. 4. Community consultation and engagement The discussion in this report relates to the existing obligations of Councillors and Council staff and examples from other Australian jurisdictions. No community consultation was undertaken. Should Council determine to implement a register or guideline/policy in relation to developer contact an invitation to comment could be made to those that are frequent planning permit applicants in Moreland along with promotion of a Conversations Moreland page seeking comment from the broader community.

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Affected persons rights and interests Before making a decision that affects a person’s rights, Council must identify whose rights may be directly affected and provide an opportunity for that person (or persons) to convey those views regarding the effect on their rights and consider those views. Should Council determine to commence a register or introduce a policy or guideline, developers likely to be affected will be consulted. 5. Officer Declaration of Conflict of Interest Council officers involved in the preparation of this report have no conflict of interest in this matter. 6. Financial and Resources Implications There are no financial or resources implications to consider. 7. Implementation Councillors and Council staff will continue to be supported to comply with existing transparency mechanisms. Attachment/s There are no attachments for this report.

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7.11 CHARLES MUTTON RESERVE FEMALE FRIENDLY CHANGEROOMS - GRANT APPLICATION Director Community Development Arden Joseph Community Wellbeing

Officer Recommendation That Council endorses the application to Sport and Recreation Victoria’s Local Sport Infrastructure Fund – Female Friendly Facilities for the upgrade of the change rooms and umpires rooms at Charles Mutton Reserve, Fawkner.

REPORT

Executive Summary Moreland Council’s Sporting Pavilion Redevelopment Strategy (2017) reviewed the current level of provision and standard of Council-owned sporting pavilions in Moreland and provides strategic directions for the future provision, use and redevelopment of these pavilions. The general findings of the assessment of Charles Mutton Reserve Pavilion confirmed that the facility failed to comply with AFL Victoria and Cricket Victoria facility standards. The forward Moreland Council 2021/22 Capital Works Program had a provision of $551,000 for the upgrade of the change rooms and umpires rooms at the reserve. On 8 July 2020, Council adopted the 2020/21 budget and capital works plan, and as part of this Council specifically resolved to bring the project forward as a project of high priority. This meant the final approved capital works program allocated an additional $200,000 in order to commence construction of the Mutton reserve project in the 2020/21 year if possible, as well as the $50,000 design costs already allocated. This makes a total project contribution from Council of $801,000. Council had the opportunity to apply to Sport and Recreation Victoria as part of their 2021/22 Local Sport Infrastructure Fund category of ‘Female Friendly Changerooms’ for an additional $500,000 to complete the project, ensuring the project delivers four changerooms and umpires rooms to service two ovals at the reserve, a total project cost of $1.3 million. Grant applications were due 22 March 2021 and timing did not allow for the matter to be brought to a Council meeting for endorsement prior to this date. The grant application has been submitted with a notification that the application will be withdrawn if Council does not endorse the application. Previous Council Decisions Proposed 2020/2021 Budget, Strategic Resource Plan 2020-2025 – 8 July 2020 That Council, having received and considered submissions to the proposed 2020-21 Budget: … 22. Brings forward $200,000 of the construction budget for Charles Mutton Reserve Pavilion from the 2021/22 Capital Works Program to begin construction after design is completed in 2020/21. 23. Bring forward the construction budget of $96,600 for Charles Mutton Reserve Tennis Pavilion from the 2022/23 Capital Works Program to the 2021/22 Capital Works Program.

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Moreland Sport and Active Recreation Strategy Adoption – 13 November 2019 That Council: 1. Adopts the Moreland Sport and Active Recreation Strategy for implementation in coming years. 2. Explores the development of an on-line interactive resource by suburb and sport to make it easier for residents to access key information on Council’s sport and active recreation infrastructure.

Final Charles Mutton Reserve Precinct Plan Adoption – 11 July 2018 That Council : 1. Notes the feedback provided in submissions to the draft Charles Mutton Reserve Precinct Plan, at Attachment 3 to this report. 2. Adopts the Charles Mutton Reserve Precinct Plan, at Attachment 1 to this report. 3. Endorses the Implementation Plan and projected project costs to deliver the Charles Mutton Reserve Precinct Plan, at Attachment 2 to this report.

1. Policy Context The 2017-2021 Council Plan establishes priorities and sets an agenda for this Council term while keeping sight of long-term future challenges and opportunities. To achieve this vision, three strategic objectives have been set: • Connected Community; • Progressive City; and • Responsible Council. These three strategic objectives guide a range of priority actions which Council will implement during this term. This report supports the ‘Connected Communities’ and ‘Responsible Council; objectives of the 2017-2021 Council Plan: • Set a clear vision and strategy for aquatics, leisure and sporting facilities to meet ongoing community needs; and • Maintain and match our infrastructure to community needs and population growth. Council’s Municipal Public Health and Wellbeing Plan (2017-2021) includes the outcome Liveable Neighbourhoods and at points 4 and 5 states: 1. Moreland residents have access to well designed and well-located community facilities. 2. Moreland’s buildings and public spaces are well designed and encourage community interaction. This initiative also aligns to the Moreland Sports and Active Recreation Strategy’s three key strategic directions: • Increasing participation by Moreland residents in sport and active recreation and fostering strong relationships with local recreation clubs, associations, peak bodies and government agencies; • Ensuring Council’s approach to sport and active recreation provision is underpinned and well informed by robust policies, strategies and plans; • Ensuring an adequate supply and distribution of good quality sporting infrastructure used in the most effective and efficient manner possible.

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2. Background Charles Mutton Reserve is a 15-hectare active open space located within the suburb of Fawkner. The reserve is home to Fawkner/North Coburg Sports Association (FNCSA) which consists the Haig Fawkner Cricket Club (HFCC) and Northern Saints Football Club (NSFC). The area also boasts a tennis club, a lawn bowls club and a netball club. The FNCSA is a community-based sporting association located at Charles Mutton Reserve that caters for families regardless of gender, background or ability. 47% of Fawkner residents are born overseas, mostly from Italy, Pakistan, India and Lebanon. The clubs have adapted to introducing Aussie rules football and cricket to families with limited understanding of the sports or what a club environment can offer and what it takes to run a volunteer organisation. Their membership data reflects the population of Fawkner, with diversity across the club committees, coaches and team managers. The Charles Mutton Reserve Pavilion is the club's only facility located in between two ovals within the reserve. The infrastructure provided at Charles Mutton Reserve is reasonable, however the facilities and amenities are tired and in need of an upgrade. Built in the 1960/70s, currently the facility offers: • two small non-compliant change rooms, • a non-compliant referee room, • two small public toilets and a non-compliant accessible toilet, • non-compliant kitchen/canteen • a rundown social room. There have been a number of changes rather than renovations completed over the years that have tried to address an immediate need. Structurally the building is sound, but a total refurbishment focusing on improving functionality and creating a more welcoming and inclusive environment is proposed. Moreland Council is a leader in providing opportunities for women and girls and the below demonstrates the alignment between local and state policies, plans and frameworks: • Active Women and Girl’s in Moreland Strategy (2009) • Allocation of Sporting Grounds and Facilities Policy • Sporting Pavilion Redevelopment Strategy (2017) • Council Plan (2017-2021) • Moreland Public Health and Wellbeing Plan (2017-2021) • Moreland Sports and Active Recreation Strategy (2020) The upgrade of the facilities at Charles Mutton Reserve to keep the community also meets the strategic objectives of state level authorities: • Active Victoria: Strategic Framework for Sport and Recreation in Victoria (2017- 2021) • AFL Victoria ‘Football Facilities Development Strategy 2017-2022’ • AFL Victoria Strategic Plan 2017-2022 • Victorian Cricket Infrastructure Strategy (2018-2028)

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3. Issues Community impact The rapid growth in female and junior participation of players of Muslim faith has further highlighted the unsuitable nature of the current changerooms and added further demand on limited ground availability. Home to Haig Fawkner Cricket Club and the Northern Saints Football Club, both clubs have increased playing memberships of women and girls since the 2018 season. While the clubs have made an effort to make the changerooms comfortable (temporary partitions and minor works to shower and toilet doors), the female friendly and umpire change rooms do not meet AFL Vic and Cricket Victoria (CV) minimum facility standard as per AFL Preferred Facility Guidelines and Cricket Australia’s Community Cricket Facility Guidelines, for local and community competition level. Girls do not feel comfortable getting changed into their uniforms, instead arriving at the ground ready to play and leaving straight after to go home and change. In line with Council’s, AFL Vic and CV’s key strategic objectives, the key opportunity for the Charles Mutton Reserve Pavilion is increasing and diversifying its use to better serve existing club tenants, schools and the local community. Across all the groups, there is a common and strong commitment to the facility and a genuine desire to work with Council and prioritise the new change rooms and toilet amenities to be accessible and accommodating for junior and female participation and meet contemporary community standards. The facility is an immensely valuable resource and is a vital playing space for team sports and community activity. Increasing participation Moreland’s population is projected to increase by around 37,000 people over the next 17 years - from 191,000 to 228,000. The Moreland North area is anticipated to grow by 8,000, Moreland Central by 14,000 and Moreland South by 15,000. This growth will add to the demand for sport and recreation infrastructure. The FNCSA membership is drawn largely from the northern Melbourne suburbs. The players are local, predominantly from Fawkner, Glenroy, Hadfield and Merlynston. The club's membership is currently a reflection of Australian society, with players, coaches, club administrators and supporters from diverse cultural backgrounds and every stratum of society. Currently, two games can be played at the same time however two teams have nowhere to get changed before/after the game and their umpires are required to share a tiny space. This is not a welcoming environment for girls and women and discourages social interaction before/after the game as they do not feel comfortable socialising after the game in “stinky, muddy and freezing cold uniforms”. With the upgrade to four change rooms, four teams playing on two ovals can have their own space including the ability to cater for back to back games. The clubs can allocate one team per changeroom, regardless of gender or level of competition. The umpire rooms are designed to cater for more than one gender and multiple umpires using the space at the same time. The above improvements will allow greater social interaction between players and their families, provide a warm/cool environment for spectators and allow players to better prepare for trainings and games.

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The Northern Saints Football Club partnered with Council and Merri Health on three occasions to run programs for families from diverse backgrounds in an effort to prevent violence against women. The club successfully entered their first U15 girls team in 2019, with over 50 per cent girls of Muslim faith. Training was conducted around Ramadan and families started to attend social functions once trust had been established. In 2021, the club will again field the U15 girls team and is planning now for an U18/senior women’s team for when the girls move out over U15s. With the projected increase in population in the next two years, the club anticipates having a 15 per cent increase in female players in 2023. HFCC has grown its club membership from 108 registered players and 8 teams in 2017/18 to well over 191 players and 15 teams in 2020/21. In 2020/21 the club had 3 women/girls teams playing at the club. A very social team, the club is looking to continue to grow the junior girl’s teams, ensuring their base is strong to feed into the social women’s team. With support from Cricket Victoria and Merri Health, club volunteers ran a successful MasterBlasters program prior to the COVID disruption in early 2020, with strong numbers of new younger players, including girls. The club anticipates having a 20 per cent increase in female players in 2021/22, due to the success of this program and an increase exposure of the female teams on social media and the on field success. Climate emergency and environmental sustainability implications The objectives of Moreland Sustainable Buildings Policy will be taken into consideration for this project, including but not limited to: • Hot water technology • Water efficient fixtures and fittings • LED lighting • Materials to reduce environmental and health impacts Economic sustainability implications Recent research undertaken by La Trobe University has found that ‘the social return on investment for an average community football club indicates that for every $1 spent to run a club, there is at least $4.40 return in social value in terms of increased social connectedness, wellbeing, and mental health status; employment outcomes; personal development; physical health; civic pride and support of other community groups.’ Legal and risk considerations There are no legal implications however if the SRV application is not successful, the project budget reduces to $801,000. Human Rights and Gender Impact Considerations The implications of this report have been considered in accordance with the requirements of the Charter of Human Rights and Responsibilities. The proposed application supports Sections 12 and 18 of the Human Rights Charter The proposal is supported by two of Council’s long-standing policies to increase sports participation by females in Moreland, the Active Women and Girls in Moreland Strategy (2009) and the Allocation of Sporting Grounds and Facilities Policy (2018). The needs of women and girls were considered as part of the planning and community consultation process and the recommendations are informed by the input from sport club members, including female members, and other stakeholders.

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4. Community consultation and engagement Master Plan consultation A series of meetings with key stakeholders and partners to develop the Master Plan were held in 2017, resulting in the adoption of the Charles Mutton Reserve Precinct Plan in July 2018. The Precinct Plan included recommendations: • Support active sport provision through targeted pavilion, ground and facility upgrades; • Create shared social spaces to reduce duplication in building infrastructure on the Reserve (where possible); • Investigate the formation of a sports club, involving all sports and community organisations based at Charles Mutton Reserve, to improve communication and shared focus to planning and site activation; and • Improve accessibility and connections across site (pathways). Female Friendly Facilities Upgrade consultation For the facility upgrade, community consultation commenced November 2020 with key stakeholders including Council officers, current club members, AFLVIC, CV, HFCC and NSFC including club committee have guided the preliminary plans being developed. The following meetings and events were held as part of the Female Friendly Facilities consultation process: • Meeting 1: 1 November 2020 - meeting with club representatives that use the reserve; • Meeting 2: 18 December 2020 – follow up meeting with club representatives; • Meeting 3: 16 March 2021 - meeting with girls and women’s players; • Meeting 4: 18 March 2021 – drop in session for the local community; In addition, the following was also completed as part of the consultation: • A letter box-drop of residents living within 500m the reserve inviting them to ‘have a say’. • Consultation with Council staff involved in the planning, development, management and maintenance of and staging of activities at the reserve which included Property Services, Traffic Management, Statutory Planning, Building Maintenance, Environmental Sustainable Department, Waste Management, Strategic Planning, Open Space Maintenance, Open Space Design and Development, Planning, Environmental Planning. • Council officers met with club committee members to discuss the initial plans. Both clubs ensured women were involved in this initial process. Women and Girls Workshop consultation Council’s Female Sport Participation Officer conducted a workshop with girls and women of both clubs in the existing social room on 16th March 2021, to draw out ideas of what they like, don’t like and would like from the future change rooms. Twelve girls and women attended the workshop and identified that the current change rooms were old, tired, cluttered and not welcoming. Specifically, the design of the toilets and showers prevented them from using the facilities in a comfortable manner. The lack of privacy to change was also identified.

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When the consultation process focused on potential design changes that would make the change rooms more welcoming and suitable to their needs, the women and girls put forward requests in relation to the both the functionality of the change rooms and the aesthetic. In terms of functionality the women and girls identified they would require more private spaces to change, more welcoming and private showers and toilets, larger change rooms, power points for devices to play music, mirrors, a whiteboard, lockers or shelving units for their personal items and bags and partitioned seating spaces within the change room. In terms of aesthetics the women and girls identified they would prefer more natural light, uncluttered spaces (which can be mitigated through more storage space) and walls painted in one colour. Affected persons rights and interests The implications of this report have been considered in accordance with the requirements of the Charter of Human Rights and Responsibilities. The application for funding to upgrade the facility supports Sections 12 and 18 of the Human Rights Charter which relate to freedom of movement and taking part in public life. 5. Officer Declaration of Conflict of Interest Council officers involved in the preparation of this report have no conflict of interest in this matter. 6. Financial and Resources Implications • Council contribution: $801,000 (Capital Works) • Funding ratio: $1 MCC: $1 SRV. Application for $500,000 • Total project budget: $1.3 million • Funding opportunities will be pursued with AFL Victoria and Cricket Victoria towards the cost of the project. • If Council is unsuccessful with this application, the project will be adjusted to meet the available funds. 7. Implementation Subject to Council successfully receiving the grant: • Sport and Recreation Victoria in partnership with Council will communicate the result of the funding application and when works will commence. • Council will be responsible for communication to stakeholders including status reporting, risk management, and, in general, making sure the project is delivered in budget, on schedule, and within scope. • Council plans to deliver the project within the 2021/22 financial year and within the eighteen months deadline as required by the funding agreement. • Building works will commence in August 2021 and be finalised by August 2022. Attachment/s There are no attachments for this report.

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7.12 REVISED COUNCILLOR GIFTS, BENEFITS AND HOSPITALITY POLICY Director Business Transformation Sue Vujcevic Governance and Strategy

Officer Recommendation That Council adopts the revised Councillor Gifts, Benefits and Hospitality Policy as provided in Attachment 1 to this report.

REPORT

Executive Summary The Local Government Act 2020 requires all Councils to adopt a Councillor Gift Policy by 24 April 2021. A Councillor Gift Policy was not a requirement of the previous Local Government Act 1989, however Council has adopted such policies over time to regulate the receiving of gifts. Pertinent to the requirements of the 2020 Act, Councils must: • Maintain a gift register; • Align its policy with Council’s Public Transparency Policy and Council’s Councillor Code of Conduct; and • Include reference to Election Campaign Donation Returns requirements. The revised Councillor Gifts, Benefits and Hospitality Policy (as provided in Attachment 1), to a large extent, has retained much of the content of the current policy adopted by Council in November 2019. However, Council officers have undertaken a review to ensure alignment with the above provisions and took the opportunity to: • Refresh language and improve clarity; • Remove references to the ‘giving of gifts’ as it is deemed unnecessary to appear in a Councillor related Policy only, noting a new guideline will be developed to include requirements for Councillors and all staff; • Include a visual representation (diagram) of the procedure required to follow upon the receipt or offer of gifts; • Simplify explanation of breaches; and • Removed sections now considered duplicate or obsolete. A summary document is provided in Attachment 2, that details the amendments made and provides a comparison between Council’s existing 2019 policy and the new revised policy.

Previous Council Decisions DBT24/19 Governance Report – November 2019 – Cyclical Report – 13 November 2019 That Council: … 4. Adopts the Gifts, Benefits and Hospitality Policy for Councillors, at Attachment 4 to this report.

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1. Policy Context Section 137 of the Local Government Act 2020 (the Act) provides: (1) Subject to subsection (2), a Councillor must not accept, directly or indirectly, a gift for the benefit of the Councillor the amount or value of which is equal to or exceeds the gift disclosure threshold unless – (a) the name and address of the person making the gift are known to the Councillor; or (b) at the time when the gift is made (i) the Councillor is given the name and address of the person making the gift; and (ii) the Councillor reasonably believes that the name and address so given are the true name and address of the person making the gift. Penalty: 60 penalty units. (2) If the name and address of the person making the gift are not known to the Councillor for whose benefit the gift is intended, the Councillor is not in breach of subsection (1) if the Councillor disposes of the gift to the Council within 30 days of the gift being received. (3) In addition to the penalty specified in subsection (1), a Councillor who is found guilty of a breach of that subsection must pay to the Council the amount or value of the gift accepted in contravention of that subsection. Further, Section 138 provides: (1) A Council must adopt a Councillor gift policy within the period of 6 months after this section comes into operation. (2) A Councillor gift policy must include – (a) procedures for the maintenance of a gift register; and (b) any other matters prescribed by the regulations. (3) A Council may review and update the Councillor gift policy. 2. Background Local Government Act 2020 (2020 Act) Section 138 of the new 2020 Act requires Council to have in place a Councillor Gift Policy. The Policy must make provision for the maintenance of a gift register and any matters in the regulations, including a minimum value of gifts that must be disclosed. Councils must also ensure their Policy complies with the public transparency principles. Further, Section 137 has been included in the 2020 Act as an additional provision that relates to the acceptance (directly or indirectly) and the process involved in the receipt of anonymous gifts (value of which is equal to or exceeds the gift disclosure threshold). The purpose of the new requirements is to complement personal interest returns by recording gifts that may be below the threshold for disclosure in a personal interest return or that may have been received since the latest return was lodged. Local Government Act 1989 (1989 Act) Importantly, under the former 1989 Act there was no requirement for Councils to have in place a Councillor Gift Policy.

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However separate provisions existed and are summarised below: • Councillors to declare gifts as part of Election Campaign Donation Returns; • Certain gifts not being accepted (largely relating to anonymous gifts); • The declaration of indirect interest due to receiving an applicable gift (one or more gifts with a total value of, or more than, the gift disclosure threshold, received from a person or persons in the 5 years preceding the decision or the exercise of the power, duty or function; and • The declaration of particulars of any gift of or above the amount or value of the gift disclosure threshold received as part of the Returns of Interest provisions. Bearing in mind that Councils were not required to have a Gifts Policy, Moreland City Council has for several years, had gift policies in place to regulate the provision of gifts. In this regard, Council is positioned well to respond to the new 2020 Act and has reviewed and amend its existing policy to align with the new Act accordingly. 3. Issues The revised Councillor Gifts, Benefits and Hospitality Policy (provided as Attachment 1) has been reviewed and amended following consideration of the specific requirements of the 2020 Act. The proposed changes to the Policy are summarised below in this report. A document is provided as Attachment 2, that details all amendments changes and provides a comparison between Council’s existing policy and the new revised policy. Attachment 2 has been provided as showing track changes on a marked up version of the policy (to highlight changes from current policy to the proposed policy) would be difficult to read. Proposed Changes Refreshed language to simplify and improve clarity Sections have been redrafted to use plain English and improve clarity. The reviewed wording is also intended to reflect and align with the provisions of the Act, Council’s Public Transparency Policy (adopted August 2020) and Council’s Councillor Code of Conduct (adopted February 2021). Inclusion of Statutory Obligations Inclusion of a new section (4.1 Statutory Requirements) that sets out the provisions as they appear in the 2020 Act, including: • ‘All offers of gifts (including any offers of benefits or hospitality) will be recorded on the gift register’; • ‘Gifts must be disclosed on an Election Campaign Donation return in accordance with the Local Government Act 2020 and Regulations’; and • ‘Gifts equal to or exceeding the disclosable gift threshold must be recorded on a Councillor’s biannual personal interests return’ (formerly Return of Interest). It is worth noting that Council’s existing policy referenced the requirement for the maintenance of a gift register and declaration obligations associated with election campaign donations and the former Returns of Interest requirements. Inclusion of basic steps procedure A visual representation of the steps when receiving a gift has been included to assist Councillors in following required procedures.

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Removal of section relating to the giving of gifts From time to time, Council will present gifts to dignitaries, guests and visitors as a gesture of goodwill and in exhibiting appreciation or for the promotion of Moreland City Council and its brand. Equally, instances arise when Councillors, Council staff and/or community members experience exceptional circumstances such as times of hospitalisation, bereavement or the reaching of a significant milestone. As the provision of gift giving is not bound by statutory rule, it is recommended to remove the current content relating to ‘Purchasing gifts and/or hospitality’ from the Councillor related Gifts and Hospitality Policy and develop an administrative guideline that applies to all Councillors and Staff when bequeathing good will gestures in certain circumstances. Inclusion of a new bribes or inducements Sets out the procedure to follow in the event a Councillor considers they have been offered a bribe or inducement. Removal of other sections / content Some sections and/or content has been removed as it was considered either duplicate information (now consolidated or captured under other sections of the Policy); a duplication of existing statutory requirements (i.e. Conflicts of Interest provisions); or a duplication of requirements under other Council Policies (i.e. Public Interest Disclosure procedure and Councillor Code of Conduct). Definitions updated Definitions contained within the policy have been reviewed and amended to ensure alignment with the provisions of the 2020 Act. Legal and risk considerations The Councillors Gifts, Benefits and Hospitality Policy must be adopted by 24 April 2021 for Council to meet the requirements of the Act. Human Rights Consideration The implications of this report have been assessed in accordance with the requirements of the Charter of Human Rights and Responsibilities and with particular consideration given to the right to freedom of expression – to have opinion and express views. Any limitation on the right to freedom of expression is considered to be proportionate and reflect obligations in regard to the rights and reputation of others. 4. Community consultation and engagement As the revised Councillor Gifts, Benefits and Hospitality Policy applies only to Councillors the community was not consulted in the development of the proposed policy. Affected persons rights and interests Before making a decision that affects a person’s rights, Council must identify whose rights may be directly affected and provide an opportunity for that person (or persons) to convey those views regarding the effect on their rights and consider those views. Councillors rights and interests are impacted by the revised Councillor Gifts, Benefits and Hospitality Policy and Councillors will have the opportunity to express those views during consideration of the revised policy. Communications The Councillors Gifts, Benefits and Hospitality Policy will be published on Council’s website, subject to Council’s decision.

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5. Officer Declaration of Conflict of Interest Council officers involved in the preparation of this report have no conflict of interest in this matter. 6. Financial and Resources Implications There are no financial or resources implications in adopting the revised Councillor Gifts, Benefits and Hospitality Policy. 7. Implementation The Councillor Gifts, Benefits and Hospitality Policy adopted by Council will be provided to each Councillor and published on Council’s website Attachment/s 1⇩ Councillor Gifts, Benefits and Hospitality Policy 2021 D21/102036 2⇩ Councillor Gift Policy Review Comparison Summary D21/108889

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7.13 GOVERNANCE REPORT - APRIL 2021 - CYCLICAL REPORT Director Business Transformation Sue Vujcevic Governance and Strategy

Officer Recommendation That Council: 1. Notes the reports from Committees to Council, at Attachment 1 to this report and: a) Commissions the following Moreland artist to create an artwork celebrating the Greek Bicentenary as recommended by the Moreland Arts Advisory Committee: • Anna Kiparis (Coburg) – www.annakiparis.com, $7,500 ex GST b) Accepts the biannual Audit and Risk Report (Recommendations and Findings 2020/21) as endorsed by the Audit and Risk Committee. 2. Notes the Record of Meetings, at Attachment 2 to this report. 3. Delegates to the members of Council staff holding, acting in or performing the duties of the offices or positions referred to in Instrument of Delegation to members of Council staff at Attachment 3 to this report, the powers, duties and functions set out in that Instrument, subject to the conditions and limitations specified in that Instrument, and determines: a) The instrument comes into force immediately the common seal of Council is affixed to the instrument. b) On the coming into force of the instrument all previous delegations to members of Council staff (other than the Chief Executive Officer) are revoked. c) The duties and functions set out in the instrument must be performed, and the powers set out in the instruments must be executed, in accordance with any guidelines or policies of Council that it may from time to time adopt. 4. In the exercise of the powers conferred by section 147(4) of the Planning and Environment Act 1987 and section 313 of the Local Government Act 2020: a) Appoints and authorises the Council staff referred to in the Instrument at Attachment 4 to this report, as set out in the instrument. b) Determines the instrument comes into force immediately, the common seal of Council is affixed to the instrument and remains in force until Council determines to vary or revoke it. c) Authorises the affixing of Council’s common seal. 5. Endorses the following motions for submission to the next Municipal Association of Victoria State Council meeting: a) That the MAV calls on the State Government to: − Review, improve and strengthen relevant legislation, Australian Standards and building codes to increase accessibility for people with a disability, with a focus on the retail sector. A reliance on advocacy, complaint-based legislation and building codes has done little to improve accessibility for many people with disability particularly in retail outlets. − Support businesses through awareness raising and resources to become more accessible. − Uphold Article 9 of the Convention of the Rights of Persons with Disabilities, so that all people with a disability have the right to freedom of movement and equal access to all aspects of social, commercial and

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community life. − Promote the economic and employment benefits for better accessibility in the retail sector. b) That the MAV calls on the State Government to formalise and resource the work it is undertaking with the Council Alliance for a Sustainable Built Environment to develop a State-wide Environmentally Sustainable Design policy. c) That the MAV calls on the State Government to: Take action to strengthen planning scheme provisions to support the Planning and Environment Act 1987 objective to facilitate the provision of affordable housing. The requirement for voluntary participation to negotiate an affordable housing contribution has led to negligible outcomes. The Minister for Planning appointed a Ministerial Advisory Committee (MAC) in September 2019 to consider these matters. The MAV reiterates the key proposals detailed in its submission to the MAC and calls for: − A suite of Affordable Housing Planning Provisions that can be used by councils to seek affordable housing contributions; − That the Provisions include mandatory (rather than discretionary) requirements; − That the Provisions provide for land, dwelling, and/or cash affordable housing contributions and allows councils to specify the preferred form the contribution will take. d) That the MAV calls on the State Government to: Improve the Infrastructure Contribution Plan tool to make it a viable option for all Metropolitan Councils to access to better deliver community and other infrastructure which meets the need of growing populations in established areas of Melbourne.

REPORT

Executive Summary The Governance Report has been developed as a monthly standing report to Council to provide a single reporting mechanism for a range of statutory compliance, transparency and governance matters. This Governance Report includes: • Reports from Committees to Council, with a recommendation that Council notes the reports; • Records of Meetings, with a recommendation Council notes the records; • Instrument of Delegations from Council to members of Council staff; • A recommendation Council appoints and authorises the Council officer referred to in the Instrument of Appointment and Authorisation (Planning and Environment Act 1987) at Attachment 4. • Proposed motions to be submitted to the Municipal Association of Victoria State Council meeting on the following topics: o Disability and physical access; o State-wide Environmentally Sustainable Design policy;

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o Seeking action to strengthen planning scheme provisions to support the Planning and Environment Act 1987 objective to facilitate the provision of affordable housing; and o Seeking improvements to the Infrastructure Contribution Plan tool for all Metropolitan Councils to access to better deliver community and other infrastructure that meets the need of growing populations in established areas of Melbourne. Previous Council Decisions GOVERNANCE REPORT - MAY 2020 - CYCLICAL REPORT – 13 May 2020 … 6. That Council endorses the following motions for submission to the next Municipal Association of Victoria State Council meeting: a) That the MAV calls on the State Government to: − Review, improve and strengthen relevant legislation, Australian Standards and building codes to increase accessibility for people with a disability, with a focus on the retail sector. A reliance on advocacy, complaint-based legislation and building codes has done little to improve accessibility for many people with disability particularly in retail outlets. − Support businesses through awareness raising and resources to become more accessible − Uphold Article 9 of the Convention of the Rights of Persons with Disabilities, so that all people with a disability have the right to freedom of movement and equal access to all aspects of social, commercial and community life. − Promote the economic and employment benefits for better accessibility in the retail sector. b) That the MAV calls on the State Government to formalise and resource the work it is undertaking with the Council Alliance for a Sustainable Built Environment to develop a State-wide Environmentally Sustainable Design policy. c) That the MAV calls on the State Government to: Take action to strengthen planning scheme provisions to support the Planning and Environment Act 1987 objective to facilitate the provision of affordable housing. The requirement for voluntary participation to negotiate an affordable housing contribution has led to negligible outcomes. The Minister for Planning appointed a Ministerial Advisory Committee (MAC) in September 2019 to consider these matters. The MAV reiterates the key proposals detailed in its submission to the MAC and calls for: − A suite of Affordable Housing Planning Provisions that can be used by councils to seek affordable housing contributions; − That the Provisions include mandatory (rather than discretionary) requirements − That the Provisions provide for land, dwelling, and/or cash affordable housing contributions and allows councils to specify the preferred form the contribution will take.

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d) That the MAV calls on the State Government to: Improve the Infrastructure Contribution Plan tool to make it a viable option for all Metropolitan Councils to access to better deliver community and other infrastructure which meets the need of growing populations in established areas of Melbourne.

1. Policy Context Council’s advisory committees have been established to provide advice to Council on their area of focus. The appointment of Councillors to specific areas of responsibility and committees provides a framework for relationships between Councillors and the administration of Council and reporting back of these committees to Council is an important transparency mechanism. The Local Government Act 2020 and the Governance Rules sets out the requirements for keeping and reporting records of meetings held under the auspices of Council. Section 224 of the Local Government Act 1989 provides for the appointment of Authorised Officers for the purposes of the administration and enforcement of any Act, regulations or local laws which relate to the functions and powers of the Council. Under the Planning and Environment Act 1987 Authorised Officers can only be appointed by Council as this Act prohibits delegation of the power to appoint authorised officers. The Municipal Association of Victoria (MAV) is the legislated peak body for local government in Victoria. Council appoints a representative to the MAV to participate at, amongst other things, the two State Council Meetings held annually, and vote in accordance with Council’s policy positions. 2. Background The Governance Report is a standing monthly report to Council to provide a single reporting mechanism for a range of statutory compliance, transparency and governance matters. In accordance with best practice and good governance principles, and to ensure compliance with the requirements of the Act, this report incorporates matters including reporting of advisory committees, records of Assemblies of Councillors, items relating to the delegation of Council powers, and policy and strategy reporting. 3. Issues Reports from Committee to Council A summary of the key issues discussed at the following meetings is provided at Attachment 1 for Council’s information: • Moreland Libraries Advisory Committee - MorLAC - 16 February 2021 • Moreland Arts Advisory Committee Meeting - 9 March 2021 • Audit and Risk Committee meeting held on 16 March 2021. Records of Meetings held under the auspice of Council Records of the matters discussed at meetings organised or hosted by Moreland that involve Councillors and Council staff are kept in accordance with the Governance Rules.

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The Meeting Records must include the attendees at the Meeting, including organisations represented by external presenters; the title of matters of discussed; and any conflicts of interest disclosed and whether the person with the conflict of interest left the Meeting. Some examples include Councillor Briefings, meetings with residents/developers/ clients/organisations/government departments/statutory authorities and consultations. Records of Meetings received since the March Council Meeting are presented at Attachment 2 for: • Planning Information and Discussion Meeting - 495-511 Lygon Street Brunswick East - MPS 2020 57 – 1 December 2020 • Communications and Engagement Councillor Group - 22 February 2021 • CEO Employment Matters Advisory Committee – 2 March 2021 • Councillor Budget Workshop – 3 March 2021 • Councillor Briefing – 4 March 2021 • Planning Information and Discussion Meeting - 495 Lygon Street planning application MPS202057 - 11 March 2021 • Councillor workshop - 13 March 2021 • Douglas Reserve Councillor and Community - 15 March 2021 • Community Planning Councillor Reference Group – 15 March 2021 • Councillor Briefing - 17 Mar 2021 • Planning Briefing - 23 Mar 2021. Instrument of Delegation from Council to Members of Council Staff Delegation of powers, duties and functions is essential to enable Council staff to effectively carry out operational duties particularly in areas that involve enforcement, such as town planning, local laws, environmental health, building enforcement, asset protection, animal management and parking control. Delegations are made to a role or position title, rather than to a person. They are updated twice a year, pending legislation or organisation change. The current Instrument of Delegation to Council staff was adopted by Council in June 2020. The proposed instrument at Attachment 3 does not provide additional delegation to Council officers, rather it reflects changed legislative provisions and/or changed titles within the organisation. Changed legislative provisions in the proposed instrument included: 1. Sub-sections 36A, 36B, 38G(1), 38G(2) and 40F of the Food Act 1984 have been inserted. Pursuant to the Food Amendment Act 2020, these provisions will commence on 1 July 2021 unless proclaimed earlier. 2. Section 181H of the Local Government Act 1989 (LGA 1989) has been removed. With the repeal of section 181H(2) of the LGA 1989, the CEO may now sub- delegate the power to enter into an environmental upgrade agreement and declare and levy an environmental upgrade charge to a member of Council staff pursuant to section 181H of the LGA 1989 and section 47 of the Local Government Act 2020 (LGA 2020). 3. Updated the commencement date of the new provisions of the Residential Tenancies Act 1997 to 27 April 2021 unless proclaimed earlier.

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4. Section 42A of the Road Management Act 2004 has been updated. We have removed reference to VicRoads and replaced it with Head, Transport of Victoria. Appointment and Authorisation to enforce the Planning and Environment Act 1987 The appointment of Authorised Officers facilitates the administration and enforcement of any Act, regulations or local laws which relate to the functions and powers of the Council. Authorisations are made to specific Council officers in accordance with their roles and responsibilities. Under the Planning and Environment Act 1987 Authorised Officers can only be appointed by Council as the Act prohibits delegation of the power to appoint authorised officers. Council staff can only take action to enforce provisions of legislation if they have been properly authorised. The authorisation proposed appoints the staff member as an authorised officer which will enable them to take action and commence proceedings against people who have breached permit conditions or otherwise not complied with the Planning and Environment Act 1987 or regulations. The Instrument of Appointment and Authorisation at Attachment 4 concerns Fast Track Urban Planner, Eloise Mitchell. Municipal Association of Victoria State Council Meeting The Municipal Association of Victoria (MAV) State Council meets twice a year to consider matters of state-wide significance. Due to COVID-19 and public health restrictions, the State Council did not meet in 2020. At its meeting in December 2020, Council appointed Cr Yildiz, with Cr Davidson as substitute, as Moreland’s representative to the MAV. Motions Motions must have state wide significance or relevance across the Victorian local government sector and be related to current issues within the City of Moreland. Motions already adopted by the State Council remain active until they are completed, and the MAV has advised motions seeking the same outcomes as have been previously adopted will not be considered as complying with the criteria. The State Council Meeting is scheduled for Friday 21 May 2021. Councils must submit motions no later than midnight on 23 April 2021. The motions proposed were previously endorsed by Council its May 2020 meeting despite the May 2020 State Council being deferred. As the MAV did not hold any State Council meetings in 2020, the motions are presented to Council for endorsement and submission to State Council meeting scheduled for 21 May 2021. Proposed motions have been prepared (Attachment 5) for Council’s consideration and endorsement in relation to: • Disability and physical access; • State-wide Environmentally Sustainable Design policy; • Seeking action to strengthen planning scheme provisions to support the Planning and Environment Act 1987 objective to facilitate the provision of affordable housing; and • Seeking improvements to the Infrastructure Contribution Plan tool for all Metropolitan Councils to access to better deliver community and other infrastructure that meets the need of growing populations in established areas of Melbourne.

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Human Rights Consideration The implications of this report have been assessed in accordance with the requirements of the Charter of Human Rights and Responsibilities. 4. Community consultation and engagement Advisory committees provide a valuable communication and consultation link between the organisation, Councillors, Council and the community. The appointment of Councillors to specific areas of responsibility, ‘Councillors Responsible For’, provides a framework for relationships between Councillors and the administration of Council. Councillors have had an opportunity to express interest in ‘Councillor Responsible For …’ roles and Committee appointments. Motions for the MAV State Council were developed following consultation with Councillors and Council officers. 5. Officer Declaration of Conflict of Interest Council officers involved in the preparation of this report have no conflict of interest in this matter. 6. Financial and Resources Implications There are no resources or financial implications arising from this report. 7. Implementation Governance activity, including reports of committees to Council, Records of Meetings and Community Question Time items will continue to be reported to Council monthly. Subject to Council’s decision: • Instrument of delegation will be executed and communicated to staff. • Instrument of Appointment and Authorisation to enforce the Planning and Environment Act 1987 will be executed. • The proposed motions will be submitted for the MAV State Council meeting. Attachment/s 1⇩ Reports from Committees to Council - April 2021 D21/122731 2⇩ Records of Meetings D21/123925 3⇩ Proposed - Instrument of Delegation - Council to Members of Council D21/66398 Staff 4⇩ S11A Instrument of Appointment and Authorisation (Planning and D21/120297 Environment Act 1987) - Eloise Mitchell - April 2021 5⇩ Proposed motions Municipal Association of Victoria State Council D21/120553 meeting May 2021

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7.14 FINANCIAL MANAGEMENT REPORT FOR THE PERIOD ENDED 28 FEBRUARY 2021 Director Business Transformation Sue Vujcevic Finance Management

Officer Recommendation That Council notes the Financial Management Report for the period ended 28 February 2021, at Attachment 1 to this report.

REPORT

Executive Summary This report presents the Financial Management Report for the financial year to date period ending 28 February 2021. A detailed financial review was undertaken across the organisation at the end of December 2020. This process provides the opportunity to review financial performance to date and reallocate the available financial resources to maximise the delivery on strategic objectives. The results of this review are included in this report as the Full Year Revised Forecast. The February Income Statement shows the Council surplus is $6.6 million better the year to date Revised Forecast as a result of lower overall expenditure. These differences are considered largely timing in nature. Council has spent $29.3 million on capital expenditure which is $2.1 million less than the year to date Revised Forecast. Council has previously taken the approach of generating small surpluses to reinvest in much needed infrastructure projects. This strategy has been impacted by the COVID-19 pandemic and it is unlikely Council will generate a funding surplus for 2020/21. Previous Council Decisions There are no relevant previous Council decisions.

1. Policy Context This report supports Council’s continuing commitment to open and accountable management of the financial resources of Moreland on behalf of its ratepayers. 2. Background The Financial Management Report at Attachment 1 provides Council’s financial statements for the year to date (YTD) period ending 28 February 2021. The actual results are compared to the revised forecast which includes changes made in the Second Quarter Financial Review (presented separately in the March Council meeting). 3. Issues Council ended February 2021 with a surplus operating result of $27.4 million which is $6.6 million (32%) better than the YTD Revised Forecast of $20.8 million.

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Significant variance explanations are provided below to clarify where the current YTD variances are expected to be a timing or permanent difference by 30 June 2021. A timing variance is a current difference between actual result and forecast which is expected to be resolved before the end of the financial year. A permanent variance is a current difference between actual result and forecast which will continue to the end of the financial year. The main items contributing to the overall variance are: Revenue • Grants Operating ended $0.3 million (1%) better than the revised forecast (timing). − Primarily due to the timing of grants from the Department of Health and Human Services which were received earlier than anticipated. • Grants Capital ended $0.3 million (6%) better than the revised forecast (timing). − Primarily due to the receipt of grant funding for City Oval Grandstand/Pavilion Masterplan which was received earlier than anticipated. • Other Revenue ended $0.3 million (8%) better than the revised forecast (permanent). − Primarily due to: ▪ The receipt of unbudgeted funding for Elder Abuse Prevention and Community Funding Initiatives ($0.1 million); and ▪ Higher than anticipated transport permits year to date ($0.1 million). • Contributions - Capital ended $0.5 million (234%) better than the revised forecast (permanent). − Primarily due to unbudgeted contributions relating to the Moonee Ponds Creek bridge ($0.4 million). These favourable variances are offset by: • Contributions - Monetary ended $0.5 million (6%) less than the revised forecast (permanent). − Primarily due to lower than forecast subdivider contributions in the month of January and February. • Asset Sales ended $0.9 million (216%) less than the revised forecast (permanent). − Primarily due to the unbudgeted disposal of road infrastructure assets. These disposals are a result of capital works completed to replace old infrastructure. Expenditure • Employee Benefits ended $0.8 million (1%) less than the revised forecast (permanent). − Primarily due to: ▪ Higher than anticipated vacancies across the organisation ($0.5 million favourable); and ▪ Vacant operating project positions ($0.3 million favourable). • Contracts, Materials and Services ended $5.7 million (13%) less than the revised forecast. − Primarily due to: ▪ Consultants and Professionals ended $2.8 million favourable primarily due to several favourable variances in operating projects across the organisation (timing);

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▪ Building Consultants and Contractors ended $0.5 million favourable primarily due to an underspend of $0.3 million in road maintenance and $0.1 million in open space maintenance year to date (timing); ▪ Building Services ended $0.2 million favourable primarily due to the timing of invoices for cleaning contracts $0.1 million and an underspend of $0.1 million in open space maintenance year to date (timing); ▪ Motor Vehicle Expenses ended $0.2 million favourable due to an underspend in fleet related costs year to date (timing); and ▪ Utilities ended $0.6 million favourable due to lower than anticipated costs year to date as a result of the reduced usage of Council facilities (permanent). Environmental Upgrade Agreements No new Environmental Upgrade Agreements were approved in the quarter from 1 October 2020 to 31 December 2020. There are currently six agreements in operation, with a total value of $663,662.32 Environmental Upgrade Agreement payments that have not yet fallen due. Capital Projects – Capital Expenditure The Capital Expenditure program YTD has an actual spend of $29.3 million which is tracking $2.1 million (7%) below forecast (timing). Cash At the end of February, Council had cash and short-term investments of $117.9 million. This is $18.8 million more than the cash position at the beginning of the financial year. Cash fluctuates frequently over the year due to a number of factors including the timing of payments and receipts. One major factor that will impact Council's cash assets is COVID-19. As a result, cash is being monitored on a daily basis to ensure liquidity ratios are maintained. At the time of drafting this report, cash levels have remained on track. Solvency Assessment Council’s liquidity ratio (current assets divided by current liabilities) is 2.0 as at 28 February 2021. The Victorian Auditor-General's Office recommends that this ratio be 1.5 or higher. The current ratio is similar to this time last year. COVID-19 Financial Impacts The annual budget was adopted at the July 2020 Council meeting, which addressed the known financial impacts of COVID-19 at the time. The second quarterly financial review was completed at the end of January and addresses any additional impacts as a result of the ongoing pandemic and restrictions. These impacts were addressed in a separate report presented to the March Council meeting. Community impact There are no community impacts identified in this report. Climate emergency and environmental sustainability implications There are no climate emergency and environmental sustainability implications identified in this report. Economic sustainability implications There are no economic sustainability implications identified in this report. Legal and risk considerations There are no legal and risk considerations identified in this report.

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Human Rights Consideration The implications of this report have been assessed in accordance with the requirements of the Charter of Human Rights and Responsibilities. 4. Community consultation and engagement This report has been prepared based on information provided by managers and reviewed by directors. 5. Officer Declaration of Conflict of Interest Council officers involved in the preparation of this report have no conflict of interest in this matter. 6. Financial and Resources Implications The overall corporate objective is to deliver the 2020/21 budget with the best possible outcome for Council and the community and in line with the adopted budget targets. 7. Implementation The financial position of Council will continue to be monitored and managed.

Attachment/s 1⇩ Council Financial Management Report for the period ending 28 D21/104082 February 2021

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7.15 MICROSOFT SOFTWARE LICENCING AGREEMENT Director Business Transformation Sue Vujcevic Information Technology

Officer Recommendation That Council: 1. Joins the Municipal Association of Victoria (MAV) Microsoft Arrangement NPN 2.17-3 to provide Council’s Microsoft Enterprise Agreement and other Microsoft products, expiring on 28 March 2022 with options to extend for an additional period up to three years. 2. Authorises the Chief Executive Officer to: a) Do all things necessary to execute the agreement and any required documentation for the agreement. b) Exercise the options to extend the agreement in accordance with the relevant provisions.

REPORT

Executive Summary For the past twelve years Council has used a licencing arrangement for Microsoft products known as the Microsoft Enterprise Agreement (EA). The Microsoft EA covers the licensing of Council’s Microsoft software including applications such as Windows 10, Office 365, Visio, Teams, etc. The agreement allows Council to continuously upgrade Microsoft software to the latest version and adjust the number of licences as required. Each EAs lasts for three years. The EA defines what software Council intends to use but does not include pricing schedules. For the last two EAs, Council has utilised a Municipal Association of Victoria (MAV) sponsored panel with an umbrella contract to obtain the lowest prices for Microsoft software. Utilising the MAV panel avoids the need for Council to tender individually allows us to obtain cheaper rates than would be possible individually. Council’s current EA ends on 31 April 2021 and Council needs to join the MAV panel agreement before the new EA commences on 1 May 2021. The rates applicable at this time will apply until the EA expires on 30 April 2024. The MAV tender evaluation process recommended the appointment of a panel of five providers for an initial contract period from 1 July 2020 until 28 March 2022 with options to extend for an additional period up to three years. The tender complied with all Local Government Act 1989 requirements. The total operational expenditure expected over the contract term including all extensions is estimated to be $3,000,000 excluding GST based on the current staff numbers and product usage. This expenditure has been included in the 2020/21 operational budget and is reviewed annually as a part of the budget process to allow for any changes in staffing levels and/or licence usage, the budget allocation is subject to budget adoption.

Previous Council Decisions DCS8/15 MICROSOFT ENTERPRISE AGREEMENT (D15/17766) - 11 February 2015 Council resolve: 1. To appoint Data#3 Limited (ABN 31 010 545 267) and Staples Australia Pty Limited (ABN 94 000 728 398) as the preferred suppliers for the Microsoft Enterprise Agreement.

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2. That the Director Corporate Services be authorised to do all things necessary to execute the contract and any other documentation required. 3. That MAV and the preferred suppliers to be advised of Council’s decision on this matter.

1. Policy Context This report is in keeping with Council’s commitment to accountability and sound financial management. It addresses the requirement under section 186 of the Local Government Act 1989, which requires Council to conduct a public tender for procurements where the contract value is greater than $150,000 (including GST). This report also complements the requirements under Section 9 of the Local Government Act 2020, which requires councils to pursue continuous improvement and implement innovation in accordance with the overarching governance principles. 2. Background Council utilises Microsoft enterprise software as a key component of its overall information technology service delivery. The Microsoft Enterprise Agreement covers the licensing of all Microsoft software currently used by Council (Libraries Academic licensing is included in this service). In order to remain compliant with Microsoft’s software licensing terms and conditions it is recommended Council utilise this contract for the next three-year Microsoft Enterprise Agreement. Council’s first Enterprise Agreement with Microsoft started in 2008 and three-year contract terms have been executed from this time. 3. Issues Tender evaluation MAV Procurement conducted a public tender for Microsoft Arrangement (NPN 2.17-3), which was advertised in The Age newspaper and via Tenderlink. The tender was open for a period of 27 days, from 1 April 2020 to 28 April 2020. It was assessed by a panel of MAV officers and officers from several councils as follows:

Name Position Role

Steve Downs Business Relationships Manager, MAV Tender Evaluation Panel Member Fran Miller Team Leader, Procurement and Accounts Tender Evaluation Payable, Cardinia Shire Council Panel Member David Manager Information Technology, Tender Evaluation Bellchambers Manningham Council Panel Member Matthew ICT Facilitation Officer, Northern Tender Evaluation Tulloch Shire Council Panel Member Adrian Gaska Category Manager, City of Melbourne Tender Evaluation Panel Member Charlotte Contracts Manager, MAV Delegated Authority Rutherford

The assessment was based upon meeting standard compliance requirements weighted by importance. Compliance criteria included: • Non Compliance Statement – Conditions of Tender

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• Non Compliance Statement – RFT Specifications • Non Compliance Statement – Terms and Conditions of Contract. Responses were received from seven tenderers, five of which were compliant: • Winc Australia Pty Ltd • Data#3 Limited • SoftwareONE • Insight Enterprises Australia Pty Ltd • Rhipe Australia Pty Ltd. An initial compliance check was conducted by MAV Procurement on 29 April 2020 against the compliance criteria to identify submissions that were non-conforming with the immediate requirements of the RFT. This included provision of requested information. Only accredited Microsoft Licencing Solution Providers (LSP’s) were eligible to respond to this tender. The weighting for each criterion was defined as follows:

Criteria Weighting

Organisational Details 5% Added Value 10% Sustainability 10% Cat 1 – Enterprise Agreement 15% Cat 2 – Open Licenses 15% Cat 3 – Cloud Solution Providers 15% Cat 4 – Microsoft Product and Services 15% Agreement Cat 5 – Academic License Program 15% The MAV tender evaluation recommendation report - Contract No NPN2.17-3 is attached (Confidential Attachment 1). Shortlisted Suppliers Based on the panel’s evaluation the responses received from Winc Australia Pty Ltd, Data#3 Limited, SoftwareONE, Insight Enterprises Australia Pty Ltd and Rhipe Australia Pty Ltd were recommended as the preferred suppliers for this contract. The scope of services outlined in the response received from each supplier is as follows: Microsoft Cloud Enterprise Open Products and Academic Supplier Name Solution Agreement Licenses Services License Provider Agreement Winc Australia Pty ✓ ✓ ✓ ✓ ✓ Ltd Data#3 ✓ ✓ ✓ ✓ SoftwareONE ✓ ✓ ✓ ✓ Rhipe Australia Pty ✓ ✓ ✓ ✓ Ltd Insight Enterprise ✓ ✓ ✓ ✓ ✓

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Economic sustainability implications By leveraging the MAV panel arrangement, Council obtains a more favourable licencing agreement than it would have been able to otherwise. Legal and risk considerations By accessing a panel arrangement, risks are mitigated as alternative vendors can be used if issues arise with any specific vendor. Human Rights Consideration The implications of this report have been assessed in accordance with the requirements of the Charter of Human Rights and Responsibilities. There are no implications in selecting the panel of preferred suppliers for Council’s Microsoft Enterprise Agreement and other Microsoft products. 4. Consultation and engagement The Municipal Association of Victoria has acted as an agent on behalf of Moreland City Council and other Victorian councils in this procurement process. 5. Officer Declaration of Conflict of Interest Council officers involved in the preparation of this report have no conflict of interest in this matter. 6. Financial and Resources Implications The total operational expenditure expected over the contract term including all extensions is estimated to be $3,000,000 excluding GST based on the current staff numbers, product usage and the MAV panel pricing schedule. Expenditure is budgeted for in the 2020/2021 annual operational Information Technology Branch budget. Although the licencing rates will remain fixed during the contract term, the cost to Council may vary based on the staff numbers and product usage, which is reviewed as part of the annual budget process. The budget allocation is subject to budget adoption. 7. Implementation Subject to Council’s endorsement, the Municipal Association of Victoria (MAV) will be advised and the panel will be established for Council to access. Council will assess its licencing requirements and determine which panel supplier to procure licencing from, as has occurred for previous Microsoft Enterprise Agreements. Attachment/s 1 D21/119009 Tender Evaluation Recommendation Report - Contract no NPN 2.17- 3 signed Pursuant to sections 3(1)(a) of the Local Government Act 2020 this attachment has been designated as confidential because it relates to Council business information, being information that would prejudice the Council's position in commercial negotiations if prematurely released. Procurement report includes commercial in confidence information not for public disclosure.

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7.16 CONTRACT RFT-P-2020-173 - PROVISION OF BLUESTONE, PAVING AND RETAINING WALL MAINTENANCE SERVICES Director City Infrastructure Anita Curnow Roads Fleet and Waste

Recommendation That Council: 1. Accepts the Schedule of Rates Tenders and Award Contract RFT-P-2020-173 – Provision of Bluestone, Paving and Retaining Wall Maintenance Services to the panel of contractors listed below for a period of 3 years from 26 April 2021 to 26 April 2024, with an option for a further two 1 year extension periods until 26 April 2026. • Civillink Group Pty Ltd ABN 50119219840 • GP Bluestone Pty Ltd ABN 21664700435 • Kaizen Civil Pty Ltd ABN 18619423068 • Langdon Contractors Pty Ltd ABN 93119755065 • Stone Culture Pty Ltd ABN 80113193990 2. Conditional on acceptance of the Contract by the Contractor in accordance with the terms of this Resolution: a) Authorises the Chief Executive Officer to do all things necessary to execute the Contract, including advising the tenderers of Council’s decision in this matter. b) Authorises the Chief Executive Officer to exercise the options to extend the contract in accordance with the provisions within the Contracts.

REPORT

Executive Summary The Roads Unit maintenance services cover bluestones, retaining walls and paving assets across Moreland. There are several assets that form part of the heritage of the suburbs within Moreland and often require maintenance works such as bluestone laneways and kerb and channel. Further to this, Council is responsible for retaining walls within the road reserve and at Council owned facilities. It is important that these are maintained to a high standard for public safety. Council has in-house staff that are able to make assets safe and in some instances, reinstate assets on a small scale. However, in most cases Council requires specialised contractors to assist with reinstating these assets. Previously, Contract 381T – Provision of Bluestone Pavement Repairs Services was used for the maintenance of bluestone assets and retaining walls. Contract expiry is 3 April 2021 and it does not have adequate provision for paving maintenance. On 30 January 2021, advertisements were placed for a public tender for a panel of contractors to provide “Bluestone, Paving and Retaining Wall Maintenance Services” across the Moreland municipality. Tenders closed on 22 February 2021 with five conforming tenders received. The tender complies with Section 186 of the Local Government Act 1989.

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Previous Council Decisions D16/82285 Contract 381T – Bluestone Pavement Repair Services – Council resolution - 9 March 2016 Council resolve: 1. To award Contract 381T – Bluestone Pavement Repair Services to the below panel of contractors for a period of three (3) years, with an option of a further two (2) x one (1) year extensions: • S&J Investments (Australia) Pty Ltd trading as ASJ Concrete & Constructions - ABN 92105107355 • Evergreen Civil Pty Ltd as trustee for The Evergreen Civil Unit Trust trading as Evergreen Civil Pty Ltd - ABN 67667088791 • Langdon Contractors Pty Ltd trading as Langdon Contractors Pty Ltd - ABN 93119755065 • GP Bluestone Pty Ltd trading as GP Bluestone Pty Ltd - ABN 21664700435 2. That the Director of City Infrastructure be authorised to do all things necessary to execute the contracts. 3. That all tenderers be advised of Council’s decision in this matter.

1. Policy Context This report is in keeping with Council’s commitment to accountability and sound financial management. It also addresses the requirement under Section 186 of the Local Government Act 1989, which requires Council to conduct a public tender for services where the contract value is more than $150,000 for services as well as the policy commitments contained in the Procurement Policy. 2. Background In accordance with Council’s procurement policy a request for tender was advertised in The Age newspaper on 30 January 2021 and closed on 22 February 2021 via the e-tender portal. Council officers also notified contractors on our existing panel and others with extensive experience that this tender was due to be advertised. Five conforming tenders were received from the following companies: • Civillink Group PTY LTD ABN 50119219840 • GP Bluestone PTY LTD ABN 21664700435 • Kaizen Civil PTY LTD ABN 18619423068 • Langdon Contractors PTY LTD ABN 93119755065 • Stone Culture PTY LTD ABN 80113193990 3. Issues The tenders were evaluated in accordance with Council’s Procurement Policy and in accordance with the Strategic Procurement and Probity Plan. Details of the assessments of the tender have been provided in the Confidential Attachment 1. The assessment panel consisted of: • Operations Engineer, Roads Unit • Acting Manager Open Space and Street Cleansing • Unit Manager Roads • Procurement Partner (non-scoring)

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In assessing the tenders, consideration was given to the following criteria grouped and weighted, under seven categories. These were reviewed by the tender panel, assessed and scored with percentage weightings (refer to table below): Category Assessment Area Max. Weighting Score (%) Tender Price Schedule of rates tender price, including 10 60 any assessed omissions, exclusions or clarifications. Score = (Lowest Tender Price / Tender Price) x Weighting % x Max. Score Capability, Capability of the contractor to undertake 10 10 Experience & the project or works. Past Experience in successfully undertaking Performance projects/works of a similar nature and scale, delivered on time and budget. Performance confirmed through reference checks. Resources and Project Team, resource structure and 10 10 Capacity availability. Relevant skills, background, resource commitment, subcontractors and internal resources allocated to this project Quality Meet all quality assurance and OHS 10 5 Assurance and requirements within the tender documents OHS including provision of insurances, systems Requirements and policies. Social Does the contractor have a social 10 5 Sustainability procurement policy what social sustainable procurement is proposed by the tenderer on this project? (i.e.: Creating new jobs and opportunities for people who may be struggling to find work or support local community groups). Environmental What process has the contractor in place 10 5 Sustainability to ensure that construction methods address energy/climate change, waste and recycling. (i.e.: Reduce greenhouse gases, reduce waste to landfill and take excavated items to recycle centres). Economic Is the Contractor located in Moreland or 10 5 Sustainability adjoining municipalities? Will the contractor be using local businesses, suppliers and/or personnel to deliver this project? (State location and local suppliers) Total 100

Evaluation Outcome Each of the tenders were assessed individually. All tenderers provided pricing for the services requested. It was agreed by the panel that all contractors would be capable of carrying out the services requested. Social / Environmental / Local Implications As part of the evaluation criteria, tenders were assessed based on social, environmental and economic sustainability.

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Tenderers who were located locally were scored highly to ensure Council has a responsive panel of supplier to undertake these services. Human Rights Consideration The implications of this report have been assessed in accordance with the requirements of the Charter of Human Rights and Responsibilities. 4. Consultation / Recommendation from Management Advice was sought from Urban Design regarding paving types, and staff within the Roads Unit. 5. Declaration of Conflict of Interest Council officers involved in the preparation of this report have no conflict of interest in this matter, and all panel members signed conflict of interest forms. 6. Financial and Resources Implications The total value of the contract over its 5-year life, will exceed Chief Executive Officer delegation and will therefore, require Council endorsement. All expenditure against this contract is covered from existing Base and CAPEX budget allocations. The delivery of these services through Contract RFT-P-2020-173 is expected to see an expenditure of approximately $3,300,000 excl. GST over the life of the contract (five years, including the options to extend). 7. Implementation and Timeline It is proposed that the Chief Executive Officer be authorised to do all things necessary to execute the contract and any other required documentation. The contracts will commence as soon as possible after 14 April 2021 following Council endorsement.

Attachment/s 1 D21/99762 Tender Evaluation Summary - RFT-P-2020-173 Pursuant to section 3(1)(h) of the Local Government Act 2020 this attachment has been designated as confidential because it relates to confidential meeting information, being the records of meetings closed to the public under section 66(2)(a).

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7.17 CONTRACT Q13558 – MOBILE GARBAGE BIN SUPPLY CONTRACT SPEND Director City Infrastructure Anita Curnow Roads Fleet and Waste

Officer Recommendation That Council: 1. Notes that the total spend for contract Q13558 – Supply of Mobile Garbage Bins is based on a schedule of rates, and that expenditure under the contract varies according to the level of demand from residents for bin swaps and new bins. 2. Notes that, including contingency, the current forecast expenditure under this contract is $1,261,739.62 excluding GST ($1,387,913.58 including GST). 3. Notes that budget provision for expenditure under this contract comes from the waste charge and that expenses arising from this contract are managed within the overall waste charge provisions.

REPORT

Executive Summary Bin supply is an essential service offered by Council, facilitating kerbside waste collection services. It includes bins for new premises, new Food Organics Garden Organics (FOGO) bins and upsizing and downsizing of other bins as circumstances in households change. This report brings to Council’s attention an increase in the costs being incurred under contract Q13558. Expenditure to date and future forecast expenditure have increased beyond previous expectations. The figures have now been revised to account for a growing trend in additional size changes by residents and uptake into opt-in FOGO, responding to Council’s promotion of the FOGO option. Contract spend for Mobile Garbage Bin Supply was previously forecast to be $800,235 excluding GST. The new estimate, including contingency, is $1,261,739.62 excluding GST ($1,387,913.58 including GST) until 30 June 2021. Previous Council Decisions Contract Q13558 – Supply of Mobile Garbage Bins was awarded under delegation by the Chief Executive Officer on 20 March 2020 for a period of 13 months (to expire on 30 April 2021) with a total estimated value of $650,000 (including GST). At the February 2021 Council Meeting, Council endorsed an extension to the current Contract Q13558 – Supply of Mobile Garbage Bins through to 30 June 2021. The report for that meeting forecast a total contract spend of $800,235 excluding GST over the life of the contract.

1. Policy Context Council is committed to providing a range of waste services throughout the municipality. Contract Q13558 – Supply of Mobile Garbage Bins is to supply wheeled waste bins is in support of Council’s Waste Management Services.

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2. Background To date more than $65,000 per month has been expended on the services delivered through the current contract for the supply of mobile garbage bins. A public tender procurement process has commenced for the continuation of these services. Contract options have been included to structure the contracts differently, requiring more significant market assessment. Due to the impacts of COVID-19 stay at home orders and continued voluntary uptake of the FOGO opt-in service, Council has seen increases in the total number of bin size changes over FY20-21. In the previous financial year FY19-20 Council spent $976,525 excluding GST for bin purchasing (this included approximately $500,000 for FOGO opt-in roll out and the remainder for business as usual bin purchasing). Of this, $203,480 was under Contract Q13558 which commenced on 20 March 2020. Council forecast a lesser spend in the current financial year in line with business as usual however, this forecast has been revised. Between 2019-20 and 2020-21 we have seen increased tonnages across all waste streams listed below. This has had a direct impact on the number and on the size of bins required with residents requiring more bins and larger sized bin in many cases.

To ensure an adequate supply of bins for the municipality, Council recommends the total contract spend be revised to allow for spending until the end of the financial year plus contingency. Council now forecasts a total spend for this financial year of $1,058,259 excluding GST for contract Q13558. With contingency, this will see total expenditure under Contract Q13558 from 20 March 2020 to 30 June 2021 of up to $1,261,740 excluding GST ($1,387,914 including GST). 3. Issues Community impact Without this essential service, residents would not be able to opt into the FOGO service or make a size change to their bin. Newly occupied properties would not be able to receive new bins. Replacements to damaged bins would not be available. Climate emergency and environmental sustainability implications If Council is unable to continue to actively promote the FOGO opt-in service, there would be a delay in reduction of waste to landfill and associated reduction in greenhouse gas emission production with latent demand for this service not met. In addition, where people run out of space because they have bins that are too small, this can create a problem of dumped waste and littering for the municipality. Legal and risk considerations The total contract value in the previous report to Council was projected to be $800,235 including GST.

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This contract is a Procurement Australia (PA) contract agreement. The PA contract terms and conditions are available until its expiry on 31 October 2021, and extension options are available. Council officers can exercise the contract according to the PA terms and conditions. It is important to Council to be briefed as to the newly estimated level of expenditure against this contract, given its departure from previous estimates. Human Rights Consideration The implications of this report have been assessed in accordance with the requirements of the Charter of Human Rights and Responsibilities. There were no Human Rights impacts identified. If bin supply services are unable to be provided, withholding bins from new properties could be found to impact upon human rights. 5. Officer Declaration of Conflict of Interest Council officers involved in the preparation of this report have no conflict of interest in this matter. 6. Financial and Resources Implications The total expenditure for the contract exceeds the delegated authority of the Chief Executive Officer. While the initial contract award was within the CEO’s delegation, this was forecast to be exceeded in the Q2 budget forecast and in addition, a need was identified for an extension by two months to 30 June 2021. Council approved the contract extension and the then-forecast of $800,235 excluding GST in February 2021. This expenditure for this contract will come from the Waste Services budget which is financed from the Waste Service Charge. Expenditure this year under this contract (actuals and forecast) exceeds the current Q2 forecast and will increase the shortfall in revenue generated from the Waste Services charge in the current year by $521,913 excluding GST. The updated forecast expenditure will be reflected in Council’s Q3 financial reporting. 7. Implementation The Director City Infrastructure will continue to oversee the operation of the services and associated expenditure under Contract Q13558 – Supply of Mobile Garbage Bins until its completion on 30 June 2021. Attachment/s There are no attachments for this report.

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8. NOTICES OF MOTION

8.1 FROM STRUGGLE TO PEACE: ADDRESSING THE WAR ON WASTE IN OUR HOMES, STREETS AND PARKS Cr Mark Riley

Motion That Council: 1. Confirms its commitment to Zero Waste to Landfill by 2030 and the expectation that this will feature in the forthcoming Council Plan. 2. Recognises the need for further research and development to support achievement of this aspirational goal. 3. Seeks Council officers to provide a report in October 2021 on the cost of streamlining the look and feel of public litter bins, to enable consideration in the 2022-23 budget cycle 4. Seeks Council officers to provide a report in October 2021 outlining the project plan for the Waste and Litter Strategy 2023-2028 to ensure this work is budgeted in 2022-23. This would include: a) The scope of research and resourcing options to deliver an options paper by December 2022 on measures to support zero waste to landfill, covering kerbside waste, public realm waste and use of diverted waste. b) The preparation (including engagement process) of the next Waste and Litter Strategy (scheduled for preparation in 2022-23).

1. Background Cr Riley’s background: Moreland Council has adopted a zero waste goal by 2030. Residents have been engaged during 2020 and will be further involved this year in developing a new Kerbside Waste Services and Charges Policy in order to achieve this goal. This work aligns closely with Council’s Climate Emergency strategy and with the goal of zero community emissions by 2040. Behaviour change and education on best practice for residents in managing their waste – will need to reflect the waste principles “rethinking, reducing, reusing, and recycling”. In this way, Moreland will be able to move together to a circular economy and achieve zero waste in a timely way. Council’s ‘soft’ launch of FOGO - food organics in the garden organics (bright green lidded) bin - has seen a positive uptake by Moreland households, especially those that are not able to compost at home. The system already accepts meat and bone food waste products which generally cannot be composted in home systems. There was a 50% increase (approximately) in the diversion of green organic and food waste (FOGO) from landfill in 2019/20. This demonstrates that many residents are ready and willing to reduce their carbon footprints and to live more sustainably.

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Council’s approach to waste management in the public domain however is not currently reflecting best practice with respect to the reducing waste principles. This is most evident on our streets and in our open spaces where Council mostly provides landfill (rubbish) bins only, and where recycling bin distribution is patchy at best and where compost options or FOGO not at an option at all. The goal should be for a 3 or 4 bin (including the new glass bin option) where ever possible across the City. Given the goals, strategies and policies Council has adopted and the current engagement on the Council Plan 2021-25, it is timely to ensure the pathways for the City to achieve zero waste to landfill by 2030 are identified. Council needs to support behaviour change in the home and in the public approaches to reducing waste on our streets and in our public spaces. There is also a need to promote alternative, productive uses of waste products at both local, regional and global levels, completing the “circle” of the circular economy. The “War On Waste” caught the attention of many Australians on just how far we have to go to re-use much more, create a circular economy and achieve zero waste to landfill. Some examples on how we can all be cooperating to increase re-use and recycling: 1. Moreland City was part of social enterprise - a repair/recycling facility – it was known as Bright Spark – in Hadfield. A refreshed regional approach with other Councils and the Victorian Government could facilitate skill sharing and simple fixes for products that don’t need to be dumped. 2. A local approach for end-of-life product collection and re-use could see sorting facilities established in the south, north east and north west of the city which enables drop off of items, sorting and transporting to be recycled or up-cycled. This could reduce the expensive and wasteful approach to Council’s current twice yearly hardwaste collection. Achieving savings for residents and reducing the cost of landfill which should be the ‘last resort’ option for Moreland City and its residents. 3. Significantly increasing education and behaviour change programs to reduce the amount of air being in our Recycling Bin collection by flattening cartons, bottles and packaging – again reducing the financial cost and improving the efficiency of households in how they use their bins. Relying on larger bins incurs a higher fee, flattening items can significantly improve bin use. Ensuring good compliance, that is adhering to the correct items for the waste stream will also reduce costs and improve efficiency. 2. Policy Context Officer’s comments: The current Waste and Litter Strategy (2018-22) was adopted by Council in December 2018. As part of finalising the Strategy, Council moved to include a target to achieve Zero Waste to Landfill by 2030. There have been significant shifts in State waste policy since that time, such as the circular economy strategy Recycling Victoria, influencing Council’s approach to kerbside waste reform. Council is currently undertaking a review of kerbside waste arrangements as part of the Kerbside Waste Reform Program. A draft updated Waste Services and Charges Policy will be presented to Council in July 2021 ahead of a stage 3 consultation and a final policy brought to Council for decision in November 2021. The Waste and Litter Strategy (2018-22) includes actions relating to public realm litter collection namely through increased litter capture through enhanced infrastructure.

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3. Financial Implications Officer’s comments: Provision of a report to Council by October 2021 outlining the project plan for the Waste and Litter Strategy refresh can be achieved within existing budget. Provision of a report to Council by October 2021 identifying the cost of options to streamline the look and feel and public realm litter bins can be achieved within existing budget. 4. Resources Implications Officer’s comments: Demands on officer time to support the Kerbside Waste Reform program is currently at peak levels and this will remain the case until Council has adopted the forthcoming Waste Services and Charges Policy. Therefore the capacity to commission and lead research into measures to achieve Zero Waste to Landfill by 2030 is very limited until the final policy has been approved. However existing resources could dedicate the 3 to 4 days of officer time before October 2021 to scope, plan and report on the research, resources/budget and timeline for future preparation of an options paper and then updated Waste and Litter Strategy in 2022-23. Officers responsible for Street Cleansing functions are currently seeking opportunities for reform in the treatment of waste from illegal dumping, but will be available to prepare the anticipated report on street litter bin streamlining by October 2021.

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8.2 SUPPORT FOR MYANMAR EVENT Cr Sue Bolton

Motion That Council waives Brunswick Town Hall hire and associated fees for the community organisation Victorian Myanmar Youth for a fund-raising event to be held on Sunday 25 April in support of the families of the people who have been killed in the military crackdown in Myanmar.

1. Background Cr Bolton’s background The Myanmar community in Melbourne is suffering from an extreme amount of grief as they watch from afar the incredible violence and repression unleashed on unarmed protesters since the military coup on February 1, 2021. The military coup deposed the democratically elected members of the National League for Democracy, the party which was elected by the majority of voters. Hundreds of unarmed civilians have been killed by the military. The Victorian Myanmar Youth are organising most of the solidarity actions in Melbourne, including an event at one of Moreland’s Town Halls on Sunday 25 April 2. Policy Context Officer’s comments: The intended benefits of Council’s community venue hire spaces include: • Strengthening of community through connections and opportunities for enhanced participation in public life and community groups; • Contribute to the social, cultural, environmental and economic development of our community; and • Achieve higher levels of social cohesion for our multicultural, established and newly arrived community, by fostering opportunities for shared learning and understanding. This event is in line with the intended benefits of Council’s community spaces. The Council managed community venues policy recognises the legitimacy of charging fees for use of community facilities. There is a provision in the policy for Council to reduce fees, stating ‘any discretion to reduce fees or provide additional subsidy due to hardship is subject to consideration by the Council prior to the event.’ 3. Financial Implications Officer’s comments: The value of venue hire for this event is estimated at $ $832.00 based on a 4-hour booking. This rate is based on the community group hire rate. Security is required for the event, which is an additional $ 924.00. The cost of public liability insurance is $29.85. 4. Resources Implications Officer’s comments: There are no additional implications beyond the loss of revenue and associated costs through the waiver of the fees.

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8.3 ACCESSIBILITY AUDIT OF ACTIVITY CENTRES Cr Sue Bolton

Motion 1. That Council conduct an accessibility audit of the Louisa Street-Munro Street intersection and surrounds in Coburg; 2. That Council receives a report at the June 2021 Council meeting on a program of accessibility audits of other activity centres in Moreland.

1. Background Cr Bolton’s background: Some sections of Moreland’s Activity Centres are hazardous or difficult for people with varying kinds of disability to get around. One such example is the Munro St/Louisa St roundabout in the Coburg Activity Centre. This is a major thoroughfare for many people with disabilities in order to access an NDIS office.

Officer’s comments: Significant areas of public spaces in Moreland remain inaccessible for many people with disability. Access to the physical environment remains one of the most important issues for people with disability. At the February 2021 Moreland Disability Work Group meeting, a discussion about the accessibility of various Activity Centres in Moreland took place, and particular mention was made to the hazardous nature of Louisa Street, Coburg, including the intersection of this street and Munro Street, and the continuous accessible path of travel from the surrounding area to the NDIS office in Louisa Street, Coburg. This office is visited by many people with a disability and access to this location is hazardous. An access audit of this location will identify accessibility improvements required for this site and list these recommendations in order of priority. Moreland has a total of 57 Activity Centres (3 Major Activity Centres, 12 Neighbourhood Centres and 42 Local Centres). Auditing each Activity Centre will be a significant body of work and a staged auditing process over a period of several months will be required by a certified Access Consultant. A future Council report will analyse this potential project and provide recommendations, timeframes and costings. 2. Policy Context Officer’s comments: Council recognises that it has an important role in removing barriers that limit the opportunities for people with disability to fully participate in the community. The Moreland Disability Access and Inclusion Plan 2016–2020 provides a framework and objectives for the implementation of Council’s obligations to eliminate discrimination against people with disability. More specifically, the DAIP states that: Council will maximise the accessibility of all new Council infrastructure (including buildings, parks, open space, signage, roads, kerbs, footpaths, playgrounds and street furniture) taking account of regulatory requirements, constraint of local terrain and Council’s financial capacity. And that, Council will have a program for progressive improvement to the accessibility of existing Council-owned buildings and infrastructure within a framework of inclusive policies, local priorities and financial capacity.

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3. Financial Implications Officer’s comments: Accessibility audits are generally conducted by certified Access Consultants. An accurate estimation of the cost to audit Louisa Street and the surrounding area is $5,000. 4. Resources Implications Officer’s comments: Officer time to research and prepare June report.

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8.4 CHARLES MUTTON RESERVE PLAYGROUND Cr Sue Bolton

Motion That Council receives a report on plans for the upgrade of the Charles Mutton Reserve playground, including a consideration of issues which have newly been identified by families who regularly use the playground and the potential for bring forward the upgrade.

1. Background Cr Bolton’s background: The Charles Mutton Reserve Precinct Plan identified the playground as being due for an upgrade. This playground is heavily used, both by local residents and by the families of people playing sport at the reserve. Groups of around 20-40 regularly gather at the playground in the late afternoon/early evening. There are a range of issues with the playground, including issues with the equipment, lack of seating and lack of shade, no safety barrier between the playground and the busy carpark and safety issues with the layout. This particular playground functions as a community gathering place, particularly for young mothers, as well as being a playground for children. While there are plans for the playground to receive a small upgrade as part of the Charles Mutton Reserve Masterplan, the high usage of the playground and some of the issues identified by families who regularly use the playground, merit a new look at what is being proposed for the upgrade as well as proposals to bring forward the upgrade. 2. Policy Context Officer’s comments: The Charles Mutton Reserve Precinct Plan (May 2018) outlined the anticipated development of several elements of Charles Mutton Reserve. The Precinct Plan articulates the intention to both upgrade the existing playspace referred to in Cr Bolton’s motion and to introduce a new nature play element between the two ovals. The playspace refresh and expansion are currently scheduled for 2024-25. Moreland’s existing Play Strategy is due for renewal. It is proposed that plans for playground upgrades and additions in the form of a playground implementation plan will be incorporated into Council’s next open space strategy. Council officers recommend that the relative priority of upgrading the existing playspace and adding a new nature play area at Charles Mutton Reserve are confirmed as part of the open space strategy. Council officers confirm that engagement with local and other interested stakeholders on design elements for the playgrounds will occur ahead of specific designs being finalised. This will align with Council’s engagement policy. A separate report to Council on Charles Mutton Reserve may not be required in the light of the above, separate to strategy and budget processes. However, if resolved, it is recommended that this report be provided to Council by December 2022.

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3. Financial Implications Officer’s comments: Council has a limited budget to spend on playground and park upgrades and must expend these funds in a responsible and equitable manner. This includes consideration of the relative priority of investing in each playground as forward plans and budgets are prepared. If resolved, bringing a report to Council after the preparation of open space strategy and associated playground implementation plan can be achieved with existing resourcing. 4. Resources Implications Officer’s comments: Bringing forward a separate report to Council on the Charles Mutton Reserve ahead of the broader open space strategy and associated playground implementation plan detracts from officer resourcing available to undertake this strategic work and creates equity concerns.

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8.5 COUNCIL’S AGED CARE SERVICE Cr Sue Bolton

Motion That Council: 1. Notes the findings and recommendations of the ‘Royal Commission into Aged Care Quality and Safety’ and its focus on “placing people at the centre of aged care”. 2. Notes that Council’s aged care services are provided under the Commonwealth Home Support Programme (CHSP). 3. Notes Council is currently not a registered Home Care Package Provider which offers a structured and comprehensive buddle of services on a ‘consumer directed care basis’. 4. Receives a Council report in November 2021 on the benefits, options and way forward on Council also becoming a registered Home Care Packages provider. 1. Background Cr Bolton’s background: The recent report handed down by the Royal Commission into Aged Care Quality and Safety found that there is a need to place people at the centre of aged care” in Australia. The inquiry identified clear common themes in what the community expects from the aged care system: dignity and respect, control and choice, the importance of relationships and connections to communities, and the desire for a good quality of life and ageing at home. Access to good quality home care is central to meeting these goals, as most older people want to remain living in their own homes, rather than moving to residential aged care. Without access to quality home care services that meet assessed needs, people face risks of declining function, preventable hospitalisation, carer burnout, premature entry to residential aged care, and even death. The federal government has already announced additional funding will go towards releasing more Home Care Packages given the unacceptable waiting times between older people being assessed as eligible for home packages to being assigned a package. According to the report there are over 100,000 people waiting between seven and 34 months for a package at their approved level. Moreland Council needs to seriously consider how it can play a bigger role in delivering quality home care packages given its proud reputation in providing good quality CHSP aged care services to its residents with a well-trained and trusted workforce. However, under present arrangements Council only provides CSHP services and cannot provide structured Home Care Packages because it is not a registered provider. This means that older Moreland residents are denied the choice of selecting their Council as their preferred Home Care Package provider in favour of private and non-government package providers who were subject to severe scrutiny by the Royal Commission. This motion directs Council to look at the benefits, options and way forward for Council becoming a registered home care Package provider thereby giving Moreland residents the choice of receiving (or continuing to receive) good quality aged care services from a trusted provider like Council.

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2. Policy Context Officer’s comments: Council currently provides a range of services under Commonwealth Home Support Programme (CHSP) to older eligible Moreland residents under a block funding model. These include Home care, Personal Care, Respite, Social support, Home maintenance, Meals. The current service agreement is through to 30 June 2022. The Royal Commission into Aged Care Quality and Safety made 148 wide-ranging recommendations, including a new aged care program to deliver a seamless system of care, that combines the existing Commonwealth Home Support Programme, Home Care Packages Program, & Residential Aged Care Program. The Royal Commissioners have recommended that the Australian Government report to Parliament by 31 May its response to their recommendations. 3. Financial Implications Officer’s comments: This work could be completed within existing resources, however would impact the progress of other strategic projects within Aged and Community Support. 4. Resources Implications Officer’s comments: Officer time to research and prepare November Council report.

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8.6 BREARLY RESERVE PASCOE VALE SOUTH Cr Oscar Yildiz

Motion That Council: 1. Seeks a report from Council officers into: a) The cost to install lighting in the Brearley Reserve Pascoe Vale South Carpark b) Any additional cost and appropriate times to apply if adjusting the opening and closing times for the car park so that it is not accessed during hours of poor behaviour. For example the gate being opened at 9am and closed at 5pm (or 9pm on game days). 2. Seeks Council officers to contact the tenants of Brearley Reserve (East Coburg Cricket Club and West Coburg Football Club) to ensure they are made aware of the ongoing complaints made by residents and that they consider options to ensure the safety of residents is not compromised. 1. Background Cr Yildiz’s background: Residents of Heliopolis/Gezireh Streets and Mitchell Parade Pascoe Vale South have for the past 5 years endured anxiety, fear and restless nights. Countless residents have complained to Council and Victoria Police about the noise and anti-social behaviour that often occurs on Thursday, Friday, Saturday and Sunday nights at Brearley Reserve Pascoe Vale South. The residents have also raised concern about the graffiti and tagging that is evident on the buildings at Brearley Reserve and surrounds. Due to Brearley Reserve’s lack of lighting and free access into the car park (the entrance via Gezireh St is closed around 11pm and reopened at 5am), teenagers and adults congregate and use the car park and reserve for anti-social activities. Many of these activities are illegal and Victoria Police are repeatedly called to the site as residents fear for their safety. Residents have found teenagers enter their properties illegally either by accessing the front gate of their properties or whereby they jump their fences and damage assets that belong to resident/s. I have been forwarded countless video footage of this occurring. During Christmas, residents are often woken up at 1, 2, 3 and 4am to find their property damaged. Residents have consistently complained about Christmas decorations being stolen or damaged. 2. Policy Context Officer’s comments: Council’s Public Lighting Policy (2018) provides a consistent and flexible approach to design, installation, and management of public lighting throughout the municipality. The policy states that for ”Existing and new sports ground carpark, toilet and building security lights to be PE cell controlled to switch on at dusk and off at dawn, combined with a timer to turn lights off after time of use. At this time, if deemed necessary, a motion sensor can be used to turn lights on for a certain time once movement is detected.“ Gate opening and closing times are currently standard across all Council reserves (where carparks are closed at night). Whilst these times can be modified, it will come at an additional cost as a separate run will be required by the security contractor.

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Council officers will contact the tenants of Brearley Reserve clubrooms to discuss appropriate changes to the times and implement accordingly. Council officers will contact tenants to ensure they are aware of the matters raised by Cr Yildiz. 3. Financial Implications Officer’s comments: There are no financial implications associated with investigating the lighting requirements at Brearley Reserve and the preparation of a Council report. The costs associated with the installation of lighting in this car park will be outlined in the report back to council on this matter. The additional service cost to alter the closing hours of the carpark will need to be confirmed, but will be an ongoing cost increase. It is also expected that an earlier close time will result in an increase of ”lock-ins“, at least for a period, history indicating this will result in an increase in vandalism to Council assets and/or additional security (call- out) costs. It is recommended that these costs be included in the investigation relating to lighting, if they are significant. Minor costs associated with signage changes can be accommodated from existing budgets. Liaison with the Brearley Reserve tenants can be achieved in existing budgets. 4. Resources Implications Officer’s comments: Resources can be made available to support the motion.

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8.7 ELECTION MATERIAL Cr Oscar Yildiz

Motion That 1. Council notes the provisions of the Governance Rules in relation to candidate or political party coreflutes on Council owned property. 2. Whenever Council staff become aware of a candidate or political party coreflute on Council owned property, staff contact the candidate or party in writing and request the immediate removal of any such material from public property. 3. Council notes penalties applicable under the General Local Law should the candidate ignore requests. 4. Council contacts all candidates including their parties (if applicable) via email once nominations are received for the 2024 Moreland Council Elections, advising that any such breaches of the General Local Law may incur a fine. 5. Council publishes on relevant social media platforms the requirements of the Governance Rules and General Local Law to ensure the public have the opportunity to raise such breaches directly to Council. 1. Background Cr Yildiz’s background: The Moreland City Council Elections were held on 24 October 2020. Before, during and after the election some candidates continued to place their Coreflutes (candidate’s picture) on public property and many of the locations were Council property. Moreland Council has the ability to enforce any candidate to remove any such advertising material off public property and in doing so can fine candidates or the political party who breaches such conditions in the policy. 2. Policy Context Officer’s comments: Council’s Governance Rules have provisions that prohibit election signage on Council land and document the processes to apply should election signage be displayed on Council Land. …

9. Election Signage on Council Land

In order to ensure Council resources including buildings and land will not be used to support any electioneering activity, Council prohibits any type of candidate election signage being erected or displayed on Council land, including: • Council owned/managed parks, reserves, buildings (exteriors) and nature strips • Road dividing strips (median strips, traffic islands, roundabouts) • Trees, shrubs or plants • Street signs, traffic control signs, parking signs If election signage is displayed on Council Land: • Council may request the immediate removal of the signage by the owner or candidate or may remove the signage without notification to the owner or candidate.

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• An infringement notice and fine may be issued to the candidate, in accordance with the General Local Law. • Any costs incurred by Council to remove signage, and/or any costs caused by the signage, for example, damage to trees, may be charged to the candidate. • If election signage is displayed on Crown, Federal or State land in the City of Moreland, Council contact the relevant land manager to request the sign be removed. • Victoria Police will be contacted in the event of any one attempting to obstruct Council officers removing signage. • Council will report all instances of the display on Council land of candidate election signage for a local government election, to the Victorian Electoral Commission. In accordance with the EPA Act, advertising material/documents may not be affixed to any fixed structure for example, light poles, traffic lights etc without the consent of the owner, occupier or manager of the structure 3. Financial Implications Officer’s comments: Compliance activities are funded through Council’s base budget. 4. Resources Implications Officer’s comments: Council officers will be continuing to monitor Council election material as per our core Amenity and Compliance function. Officers will attend breaches on request. Advice to future election candidates will be provided as part of the Governance Department’s core function.

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8.8 TREES Cr Oscar Yildiz

Motion That Council seeks a report that considers: 1. The removal from Council’s Tree Maintenance Policy the section pertaining to the “less than 3 metres high” local law and replace it with no overhanging. 2. Overhanging tree branches located on Council land and protruding onto a resident’s property, must be cut by Council at the request of the resident.

1. Background Cr Yildiz’s background: Council is responsible for trees in streets and on nature strips, as well as in more than 170 parks and reserves in the City of Moreland. Trees are an important community asset. They make our streets more attractive, provide shade and are a home for birds and wildlife. As our city gets hotter with the urban heat island effect, trees play a vital role in cooling down the city by providing shade to properties and streets. The preservation of existing trees is of prime importance to Council and practical techniques are used to maintain the health of our trees. Pruning of trees on streets and in parks may only be carried out by an authorised Moreland Council Arborist or Contractor. Council carries out pruning of Council trees as part of the regular tree care and maintenance program where: • The overhang within the property or over the road is less than 3 metres high. • The tree is rubbing or against a building. • The tree is significantly overhanging a building and a practicable pruning outcome can be achieved without removing structural limbs. • There is a Council tree branch which is hazardous or obstructing electrical wires, or • The tree is near power lines on Council land. Council will not prune a tree if the: • Tree is blocking light into a resident’s property or onto solar panels. • Tree is obstructing a satellite or other telecommunications signal. • Tree obstructs street lighting into a resident’s property. • Problems associated with birds, bats or possums living in a tree. • Trees growing from within private property. This is the responsibility of the property owner. • Tree leaf, seed or gum drop. • Tree is blocking a view. • Tree branch movement is activating a resident's movement direction light. • Spiders or other insect issues that are not affecting the health or viability of the tree.

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• To provide for views of business or real estate signs. • When a letter is received from a utility company (e.g. Jemena, Citipower) requesting pruning of private trees for powerline clearance. Council does not sweep residential footpaths for seed and leaf drop from a Council tree. Council have “different rules in Moreland around the pruning and removal of a tree that is on Council property. Unauthorised pruning of a tree planted on public property is an illegal act, and offenders will be fined under the Council local laws. Council carries out pruning of Council trees as part of the regular tree care and maintenance program where the overhang within the property or over the road is less than 3 metres high. Subsequently any Council Tree that has branches more than 3 metres protruding into or onto a resident’s home must be cut by Council. While trees provide shelter to resident’s homes, over the past 13 years I have received countless complaints by frustrated residents having to clean their own properties at their expense because of Council owned trees dropping leaves, seeds or gum drop onto their private property and assets including vehicles, caravans, boats and trailers. Many residents including the elderly cannot measure the length of a branch protruding into or onto their property due to logistical reasons i.e. height issues. Should a resident’s tree protrude onto Council property, it is the responsibility of the resident/s to ensure they cut and or remove the tree reflecting Councils current Tree Maintenance Policy. The financial impact of such pruning or removal is at the resident’s expense NOT Council. 2. Policy Context Officer’s comments: The Urban Forest Strategy 2017-2027 established the current policy settings for retention of mature trees and tree pruning for trees on public land with overhang or roots on private land. These are expressed in Council’s Tree Maintenance Guidelines. Should Cr Yildiz’s resolution be passed, Council officers will prepare a report to Council by October 2021 which outlines the impact of the proposed policy change on delivery of the Urban Forest Strategy goals, including an estimate of the impact of canopy cover targets and on the community acceptance of the need to retain mature trees on private property. 3. Financial Implications Officer’s comments: Financial implications of preparing this report to Council relate to staff time required to prepare the report. There is an opportunity cost to achieve this, but it could be funded from existing budgets. 4. Resources Implications Officer’s comments: The Urban Forestry Officer is fully occupied designing and overseeing implementation of effective strategies for delivering on the Urban Forest Strategy. Should this motion be resolved, the work of the Urban Forestry Officer will be diverted from this work in order to undertake the necessary impact assessments of the proposed policy change.

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8.9 KINGFISHER GARDENS - TRAFFIC MANAGEMENT AND PARKING Cr Lambros Tapinos

Motion That Council: 1. Investigates if: a. Waste vehicles and other emergency services vehicles including fire trucks can properly access Kingfisher Gardens. b. Bike access to the road can be slowed c. Indented car parking can feasibly be designed within the street, including costs 2. Presents a report back to Council on these findings.

1. Background Cr Tapinos’ background: Moreland and Darebin councils completed and opened the new bridge near CERES over the Merri Creek in 2020. Since that time, a number of residents in nearby Kingfisher Gardens have raised a number of traffic and parking problems from the increased usage of the new bridge. Residents believe parking solutions and traffic management are urgently required for liveability, safety and visibility. Each week (non-residents) block the council waste trucks or resident cars are hit by delivery vehicles, visitors to the bridge creek park illegally across from residents creating access problems, people park near the bridge so large vehicles can’t turn properly. 2. Policy Context Officer’s comments: The Moreland Integrated Transport Strategy (MITS) 2019 is Council’s overarching transport strategy with an aim to achieving a demonstrable shift towards sustainable transport modes. It states that Council will, among other things: • Reallocate road space and car parking according to the road user hierarchy. • Protect our local streets from the impacts of increasing vehicle traffic. • Make cycling safe, comfortable and a preferred mode of travel in Moreland. • Prioritise access by walking, cycling and public transport over car-based travel. The objectives of Council’s Parking Management Policy (PMP) are to: • provides a transparent mechanism for apportioning limited on-street parking space, balancing efficiency and equity, as well as the needs of multiple users; • improve safety, • encourage residents to utilise sustainable transport modes, and • to manage the traffic flow in the municipality.

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3. Financial Implications Officer’s comments: There are no financial implications from preparing this report to Council. 4. Resources Implications Officer’s comments: Officers have already looked into these issues during recent discussions with residents so the preparation of this report can be done using existing resources.

Council Meeting 14 April 2021 646 8.10 IMPROVING COMMUNITY OUTCOMES AT DOUGLAS RESERVE Cr James Conlan

Motion That Council: 1. Halts works at Douglas Reserve, including the installation of the playground and associated works, remove the existing fence, make the park safe and useable in the short term, and include clear signage indicating that the current state of the park is temporary. 2. Conducts one further meeting with the community representatives involved in the 15 March 2021 meeting, allowing interested parties a say over the choice of playground equipment at Douglas Reserve. Any design changes should stay largely within the existing playground budget and footprint and retain all existing trees. 3. Presents the revised playground design for Douglas Reserve, including a revised budget, for consideration at to the May 2021 Council meeting

1. Background Cr Conlan’s background: The issue of appropriate play equipment in Moreland’s playgrounds for older age children is an important issue for the community Council has received consistent feedback from the community about the inadequacy of such play equipment at numerous playground reconstructions, including Balfe and Garrong Parks, and now Douglas Reserve. To its credit, Council officers recently stopped works at Douglas Reserve in response to community feedback, in an effort to better consult the community, including major stakeholders like the Brunswick Scout Group. While officers have spoken with the community and some design changes have been accommodated, major stakeholders associated with the Brunswick Scout Group, do not feel that their main concerns, namely the provision of playground equipment for older age children, have been addressed. Community members have shown good faith in negotiating with Council officers, suggesting modest tweaks to the design with minimal cost and scope implications. They are simply asking Council to meaningfully respond to their main concerns. 2. Policy Context Officer’s comments: Council officers have undertaken extensive community engagement for the upgrade of Douglas Reserve. Douglas Reserve is a small local park according to Council’s Play Strategy, which states that: These are very small play spaces (pocket parks) that are generally within a 5-minute walk of the homes of the residents they aim to cater for. They generally focus on either natural play or play opportunities for younger children. (Page 2) The intention of community engagement for park upgrades at a small local scale is to understand the community’s aspirations for the park and then to propose a concept design for comment. This is contrasted with our larger park upgrades or Park Close to Home program where we will often seek an all-ages outcomes, through a more collaborative engagement process.

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A summary timeline of engagement activities is: Dates Activity

10 September 2020 Onsite meeting between officers and Brunswick Scout Group (Scouts) representatives at Balfe Park and Douglas Reserve, to discuss outcomes of Balfe Park playground upgrade and future upgrade of Douglas Reserve.

November and Initial consultation – seeking ideas from the community via December 2020 postcard letterbox drop and Conversations Moreland. Including email contact with Scouts.

13 January 2021 Onsite meeting at Douglas Reserve between officers and Scouts to discuss draft concept plan and feedback from Scouts.

Late January to late Draft concept advised via postcard letterbox drop and February 2021 Conversations Moreland for comment

3 March 2021 Onsite meeting at Douglas Reserve and Balfe Park between officers and Scouts to discuss feedback. Officers informed Scouts that despite investigations to retain, that the carousel would be removed as part of the works

Early March 2021 Final concept posted on Conversations Moreland and posters displayed on park fences

9 March 2021 Works commenced (removal of former equipment)

10 March 2021 Works halted to enable further discussion

15 March 2021 Onsite discussion between officers, Councillors and members of the public

16 March 2021 Conversations Moreland website updated with Consultation Summary Report and public comments re- published for viewing

22 March 2021 Date for any further comments to be provided to Council

29 March 2021 Scouts representative advised that a decision had been made to continue with works

30 March 2021 Works recommenced

In November and December 2020 (closing 23 December), Council undertook initial consultation involving a letterbox drop for households within 400m of the reserve and on the Conversations Moreland website. This attracted 54 comments from members of the public and there were strong themes around retaining the trees, not having BBQs, installing a water bubbler and a few comments about play equipment, representing a diverse range of preferences. Natural finishes to play equipment were sought. This feedback informed the concept design that was publicised in the second stage of community engagement, again advised through a letterbox drop and on Conversations Moreland, open for comment from 28 January until 26 February. The comments at this stage (55 comments) on balance suggested less of the park be occupied by play equipment. There was also a strong preference for retaining the carousel and ensuring appropriate play equipment for older children was provided.

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Council officers gave serious consideration to retaining the carousel, making enquiries regarding the ability to continue safely maintaining this park feature. However, this was not possible and was communicated in particular to the 5th Brunswick Scouts, who had been particularly keen on this piece of equipment and the collaborative play opportunities that it created. As these and other comments were received through this phase of the engagement, Council officers started responding to the feedback, resulting in a modified design that consolidated two play areas into one, removed the sandpit, introduced a more challenging rope play feature, proposed a smaller, net-style spinner in lieu of the carousel, and optimised the amount of open space available. The final design was posted on the Conversations Moreland website and displayed on posters at the reserve fences, but a letterbox drop was not undertaken showing the final design. The Conversations Moreland website also contains a report on the consultation Consultation summary report – Douglas Reserve play and park infrastructure upgrade. This documents what members of the community said, and what changes were made to the design in response. When works commenced on 9 March 2021 following the close of consultation and the modifications to the design, some members of the community contacted Councillors with concern as they felt their concerns had not been addressed. Council officers opted to temporarily halt construction on 10 March in order to allow a further discussion with interested parties. This included the 5th Brunswick Scouts representatives and also others who had contacted Councillors or shown an interest in being further engaged on the matter. It is noted that the 10 March 2021 Council meeting also featured a question and a comment on age-appropriate play equipment in Douglas Reserve in the Public Question Time. On 15 March 2021, five Councillors (Mayor Carli Hannan, Councillors Riley, Conlan, Bolton and Panopoulos) attended an on-site discussion with two Council officers and approximately seven members of the public. Council officers explained the changes that had been made since the draft concept design and members of the public stated their remaining concerns. It was clear that not all attendees had been able to review in detail the changes that had been made to the design. In some cases, the presumption had been made that feedback was not incorporated into the final concept because of the short time between the end of consultation on the draft concept and the commencement of works (5 working days). Reviewing the revised (final) concept, several people agreed that the smaller net spinner would not allow the collaborative style of play with large numbers of people involved at once, offered by the former carousel. Other themes emerged from this onsite consultation; in particular, the nature of the larger climbing structure and whether it could feature “rings” or equivalent, different views about the tepee cubby house and affirmation of the changes that had been made regarding green space, the measures to ensure ongoing tree health and increase in amount of native vegetation and natural log features. The abovementioned Consultation summary report was prepared following this meeting and posted immediately on the Conversations Moreland website. In addition, public comments on the two consultation periods were reopened for public viewing in the interests of transparency. On 18 March, attendees at the 15 March meeting for whom Council had contact details were sent a message inviting any further comment by COB Monday 22 March, which aligned with a request to have a weekend to consider the updated material.

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It is noted that the level of engagement that has occurred, particularly in relation to the number of on-site meetings with stakeholders and Councillors, is unusual in the context of an upgrade to a small local park. This level of engagement is usually observed for larger projects in District level parks, or Council‘s Park Close to Home program. This highlights both the commitment of officers to work with the community, and the value and importance to the community of these places no matter the size. There was only one response to this invitation, from the Scouts. Scouts representatives proposed a complete re-think of the park use, encouraging the park to be reopened in its current state (that is, all equipment removed but nothing new installed) so that further engagement could be undertaken over coming months, and in the meantime, experimenting with different uses of the equipment-free reserve to inform future directions. One of the aspirations stated for the end-state of the park included a ropes course strung within the shady canopy of the reserve. Council officers seriously considered this proposal, but determined that it was not an appropriate way forward for the following reasons: • Council consulted on an initial concept design which was significantly refined to respond to community feedback and there is an expectation in the community that this should proceed. • Leaving the reserve without play equipment in an “experimental” way for several months would not honour the original commitment to upgrade the park, and there is a risk that a new group of disaffected community members would emerge by no longer having the opportunity for the very local play opportunity that this park provides. • All of these factors aside, the size of Douglas Reserve is a small local park. It is not consistent with having a large ropes course in it, and there would be considerable barriers to implementing such a course from an Australian Standards perspective. For example, Douglas Reserve has many large trees with associated tree roots. Soft fall areas must be laid under climbing equipment, and the envisaged course would need to pass over tree root systems of mature trees if it were to fit in this location. Digging out the ground to create soft fall is inconsistent with retaining healthy tree roots. Council officers specifically took on board numerous requests from the Scouts for different elements to be modified or introduced, for example vehicle access for Scout events, more challenging climbing structures, an open grass area for group activities (noting that the nearby Scout hall does not have open space around it), additional plantings to facilitate hide-and-seek, natural timber materials and water supply. These changes were the result of several discussions and liaison between Council officers and Scouts representatives during each state of the consultation. In order to respond to the input provided to Council officers at the 15 March onsite meeting, Council is further proposing to modify the spinner to accommodate a larger one suitable for more, older children to play on together. This will go some way to address the loss of the highly valued “collaborative play” carousel that has been removed. Scouts representatives have been invited to provide input between two options that officers have identified. Works recommenced onsite on 30 March 2021. Current works include plumbing works for both irrigation and the drinking fountain, and earthworks will soon follow. 3. Financial Implications Officer’s comments: If Council resolves to support Cr Conlan’s motion, the cost of stopping works includes $3,800 to demobilise the site and make it safe for public access, noting that the site will be predominantly bare dirt. In addition, the need for rework of concept designs will

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draw on existing staff time, representing an opportunity cost for other projects not progressed due to the additional work. The cost to draw up another concept design including accommodating additional consultation on this new plan would be in the order of approximately $10,000. Further delays to the park renewal program in 2020-21 will require the need for budget carry forwards and impact on 2021-22 program beyond just Douglas Reserve. Costs of the redesigned playspace would need to be developed in time for the May 2021 Council meeting. The cost of cancelling, delaying or ordering new play equipment from suppliers are estimated to cost between $45,000-$90,000 depending on scope and number of items impacted. Part of this cost is the cost penalty for equipment already ordered but deemed unsuitable for this location. Officers note that while play equipment can used in other locations, individual items are often procured as they are deemed appropriate for a particular context, and difficulties can arise in trying to fit pieces into other locations. 4. Resources Implications Officer’s comments: If this motion is supported, Council workers designated to undertake these improvement works will be redeployed to other work, but not necessarily work that progresses the implementation of playspace and park upgrades, as no other project is at the stage of implementation to utilise this resource. Depending on the progress of other projects Officers will look for opportunities to bring other works forward where possible. This will effectively introduce a permanent delay in the rollout of playspace upgrades.

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8.11 BUILDING THE CYCLING INFRASTRUCTURE OF THE FUTURE Cr Angelica Panopoulos

Motion That Council: 1) Reiterates its resolution of 9 December 2020, “That Council … Reaffirms the objective of mode shift to more sustainable transport options, noting that this requires strong investment in public transport, cycling, walking and other sustainable transport infrastructure, as well as incentives and encouragements to take up sustainable transport.” 2) Notes that past investment in cycling infrastructure from all levels of Government in Moreland has not been adequate, often due to the misalignment between Council aspirations and State Government authorisation, and that the imperative to overcome policy and bureaucratic inefficiencies between the Council and State is greater than ever as Victoria emerges from the coronavirus pandemic and our local and arterial roads become more congested and less safe. 3) Notes the success of Melbourne City Council in delivering new, lower cost bicycle lanes through a Council-State partnership model, based on an agreement between the Council and the Department of Transport to fast-track assessment and authorisation of Council-nominated projects. 4) Requests that the Mayor and Chief Executive Officer approach the Minister for Roads and Road Safety, The Hon Ben Carroll MP, to seek the approval and creation of a formalised City of Moreland-Department of Transport partnership (the partnership) based on the City of Melbourne model, seeking a Council-State Government, dollar- for-dollar funding commitment for the 2020-21 financial year. The results of the negotiations and/or agreement will be reported back to Council via the 2021-22 Council budget process. If endorsed, the projects sought in Notice of Motion ‘Building East West Bike Lanes in Moreland’, should be prioritised for consideration. 5) The parameters of the partnership are as follows; a) Projects should be specifically for separated, on-road cycling infrastructure, not shared paths or bridges, consistent with the Moreland Integrated Transport Strategy to create new infrastructure that separates motorists, cyclists and pedestrians. b) Projects should prioritise lower cost materials such as those used by the City of Melbourne (e.g. concrete polymer rather than concrete) to maximise the number of projects, and length of routes, able to be pursued under the partnership.

1. Background Cr Panopoulos’s background: In December 2020, Council reiterated its support for the strategic objectives of the Moreland Integrated Transport Strategy (MITS) to encourage more active and sustainable transport across the municipality by actively promoting mode shift away from car-based travel toward active and sustainable transport. But the key implementation pathways to achieve the ambitious mode shift targets in the Strategy have now been abandoned, leaving the policy without a meaningful implementation pathway to achieve its ambitious targets. Without an implementation pathway, the Strategy will almost certainly fail.

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This motion seeks to plug the major implementation gaps in the Strategy through a formal partnership arrangement between Council and the state government that will allow for the delivery of transformative cycling infrastructure across the municipality. This approach will reorient the MITS away from utilising a ‘stick’ approach to implementation through car parking reform, towards a ‘carrot’ approach whereby Council and the State government actively build the safe cycling infrastructure that will provide real alternatives to the car. This policy reorientation will help reduce the community’s anxiety about losing residential car parking spaces in and around activity centres, by actively creating transport alternatives for those who are in a position to make changes to their journeys. The proposed partnership arrangement addresses the unique (and uniquely inefficient) circumstances whereby both Council and State approval is generally required for changes. The motion is deliberately targeted towards overcoming the problem unique to this mode, in advance of the 2021-22 financial year. The motion seeks to replicate the success found in the City of Melbourne: a new partnership between Council and State that has changed the nature of the relationship between the two. A formal agreement between the Council and Departmental heads in Transport has seen Council-nominated projects fast tracked for approval, and a facilitative – not obstructionist – approach towards creating safe cycling infrastructure has been adopted by both parties. This motion seeks to apply the best of the Melbourne model to Moreland. Melbourne City Council received a report on 23 February 2021 that noted, in part: The City of Melbourne is fast-tracking the delivery of 40km of protected bike lanes and pedestrian improvements. 9km has been completed, (including installations on Swanston Street and William Street). From surveys in December 2020 and January 2021, bike volumes increased by 22% overall on new and upgraded protected routes approaching the Central City and on weekday mornings (7-10am), bike volumes increased by 56% from December to January as restrictions on office work were eased. It is understood that while the majority of capital funds for these projects are from Council’s budget, the works are now considered part of the “Melbourne City Recovery Fund”, a $50 million + $50 million fund the Council has created in partnership with the State Government. As part of this broad collaboration between Council and State, there is an agreement in place between the Council and Department of Transport that the Department will assess pop-up bicycle lane proposals that the Council puts forward as quickly as practicable, to allow swift implementation. The projects being pursued are drawn from the Council’s Transport Strategy 2030. These projects, and future projects, are set out in detail at https://www.melbourne.vic.gov.au/building-and-development/shaping-the- city/city- projects/Pages/new-bike-lanes.aspx 2. Policy Context Officer’s comments: The Council Plan 2017-21 states that a key priority of Council is to: • Facilitate a demonstrable shift to more sustainable modes of transport that also targets a long-term reduction in car use. The Moreland Integrated Transport Strategy (MITS) 2019 is Council’s overarching transport strategy with an aim to achieving a demonstrable shift towards sustainable transport modes. It states that Council will, among other things:

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• Reallocate road space and car parking according to the road user hierarchy. • Protect our local streets from the impacts of increasing vehicle traffic. • Make cycling safe, comfortable and a preferred mode of travel in Moreland. • Encourage local trips to jobs. services and facilities by walking and cycling. 3. Financial Implications Officer’s comments: If the proposed partnership is seeking to use projects already committed to in Moreland’s rolling 10-year bicycle capital works program there are no immediate financial impacts arising from this NOM. If the partnership were to include projects not currently in Moreland’s funded capital works program then this would require additional Council consideration and decision. 4. Resources Implications Officer’s comments: The drawing up of a partnership model following the meeting with the Minister can be done with existing resources. As the partnership is unlikely to be formalised prior to the budget’s adoption it is appropriate to highlight those projects which Council would seek to achieve through this process. Council’s annual consideration to the 10 year bicycle capital program scheduled for the May 2021 meeting will enable Council to formalise those projects which are to be considered through the partnership process should the Minister be agreeable to a partnership.

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8.12 BUILDING EAST-WEST BIKE LANES IN MORELAND Cr James Conlan

Motion That Council receives as part of the annual report on cycling expenditure (scheduled for the May Council Meeting), an indication of the likely costs and possible timing for the delivery of the construction of physically separated cycling lanes on Glenlyon Road (Brunswick Secondary College to Nicholson Street), and Harding Street (Nicholson Street to Sydney Road), and Munro Street (Sydney Road to Rose Street).

1. Background Cr Conlan’s background: Council’s 2019-20 COVID active transport investment program is to be commended, with the creation of cutting-edge, ‘pop-up’ shared pedestrian zones and new bike lanes across the municipality. While this investment is to be commended, Moreland has lots of work to do in making its streets safer to ride for all users, especially vulnerable road users, as well as catching up to the surrounding municipalities of Yarra, Darebin and Melbourne. The latter councils recognise that creating liveable, safe streets is vital to attracting workers from the creative economy and kickstarting economic activity in the post-Covid era. That’s why they are committing to record, long-term expenditure on cycling infrastructure over the next 10 years. Other than dedicated shared user paths along the creeks and the Upfield Shared Path, Morelalnd currently has no physically separated on-road cycling infrastructure (other than O’Hea Street). East-west connections are particularly poor, forcing parents and kids onto dangerous arterial roads with fast-moving cars and trucks when heading to school, kinder and the shops. In order to facilitate mode shift away from cars towards active transport, Moreland will need to invest in safe, separated bike infrastructure that creates real alternatives to driving. Glenlyon Road is a key east-west route servicing multiple schools, childcare centres, shops, the Brunswick Baths and other vital community services, as well as crossing three tram routes, one train line and bus routes. Harding Street and Munro Street in Coburg are similarly important east-west routes requiring dedicated cycling infrastructure for parents to take their kids to schools, parks, health and community facilities, and connecting the Upfield and Craigieburn train lines. These transformative projects should be prioritised to significantly enhance Council’s ability to achieve the strategic objectives of the Moreland Integrated Transport Strategy and stimulate the local economy, by building the infrastructure that the community is calling out for. 2. Policy Context Officer’s comments: The Council Plan 2017-21 states that a key priority of Council is to: • Facilitate a demonstrable shift to more sustainable modes of transport that also targets a long-term reduction in car use. The next Council Plan (for 2021-25) is currently under development.

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The Moreland Integrated Transport Strategy (MITS) 2019 is Council’s overarching transport strategy with an aim to achieving a demonstrable shift towards sustainable transport modes. It states that Council will, among other things: • Reallocate road space and car parking according to the road user hierarchy. • Protect our local streets from the impacts of increasing vehicle traffic. • Make cycling safe, comfortable and a preferred mode of travel in Moreland. • Encourage local trips to jobs. services and facilities by walking and cycling. 3. Financial Implications Officer’s comments: There are no financial implications in preparing this report however the likely costs of these proposals are significant. Given the limited time available to undertake this work and meet this year’s budget cycle, high level indicative costs only will be able to be determined, and will need further work and investigation for firm up with more certainty. This detail will also be informed by the consultation process that would be undertaken in year one of the delivery process of either project if they are approved as part of the 10 Year . 4. Resources Implications Officer’s comments: The proposed 10-year capital works program for pedestrians and cyclists is proposed to be presented to Council for adoption at their May 2021 meeting. The items in this NOM can be incorporated into that report using existing resources.

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8.13 UNDERSTANDING THE ENVIRONMENTAL AND HEALTH IMPACTS OF SYNTHETIC TURF IN MORELAND Cr James Conlan

Motion That Council: Receives a report at the May 2021 Council meeting on the cost and timing for a report that investigates the: 1. Environmental impacts of synthetic turf in relation to; a. The recyclability of synthetic turf at the end of its life, having regard to the recycling capacities in Victoria and Australia for synthetic turf b. The leachability of toxins into ground water and waterways associated with synthetic turf c. The associated biological impacts in relation to soil biota destruction, and loss of habitat for wildlife and insects d. The urban heat island effects related to the conversion of natural green spaces to concreted/paved grey spaces e. Carbon emissions associated with synthetic turf manufacturing 2. Health impacts of synthetic turf in relation to; a. toxic off-gassing from degrading synthetic turf, rubber and associated materials b. The heating of synthetic turf and/or concrete on people’s health when playing during hot weather c. Comparison of injury rates associated with synthetic turf compared with well- maintained natural surfaces 3. Life-cycle financial costs of synthetic versus natural turf, taking into consideration the ongoing maintenance costs associated with cyclical synthetic turf replacement. 4. The report will incorporate: a) a thorough literature review of current, peer-reviewed research into the above issues and risks. b) An analysis of points 1,2 and 3 and their consistency with the following Council strategies, policies and plans: • Access and Inclusion Policy • Active Moreland Framework 2010-14 • Allocation of Sporting Grounds and Pavilions Policy • Open Space Strategy 2012-2022 • Zero Carbon Moreland - Climate Emergency Action Plan • Moreland Nature Plan • Fossil Fuel Divestment Strategy • Waste and Litter Strategy 2018 - 2022 • Urban Heat Island Effect Action Plan • Integrated Water Management Strategy 2040

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1. Background Community sport plays a vital role in the social fabric of communities across the country, including here in Moreland. Community sport allows kids and adults to connect with each other, it adds fun and meaning to their lives, and contributes to strengthening the social fabric of communities. On an individual level, community sport fosters individual emotional, mental and physical growth and development, providing people with a sense of belonging and self-fulfilment. Due to Moreland’s growing population, synthetic turf is increasingly being seen as one option to expand the capacity of sporting infrastructure because it does not degrade like natural grass. Recognising that synthetic sports fields have allowed many sporting clubs across the municipality to grow, there is also a need to investigate some emerging environmental and health concerns from the community and academics related to synthetic turf. Understanding these risks is essential to ensuring that Council is able to harmoniously deliver on its sport, recreation, waste, environment and health strategies. 2. Policy Context Officer’s comments: The motion is calling for a report on the cost and timing of the proposed substantive report/project investigating environmental and health impacts of synthetic turf. Should the investigation be eventually approved by Council, published research and literature reviews would need to be considered, and contextualised with Moreland specific policies and strategies as set out in the motion. Some or all of this work would need to be conducted using external expertise. 3. Financial Implications Officer’s comments: Preparing an officer report on cost and timing of this work may require some small external consultancy assistance, due to the technical nature of the proposed investigation, but this should be relatively minor. The actual substantive investigation proposed to take place could be of significant scale and technicality and an external consultant would certainly need to do the work. The cost for this consultancy is unknown at this stage. 4. Resources Implications Officer’s comments: Preparing an officer report on cost and timing of this work can be done within existing resources, noting that some consultation with external expertise may be required. The actual substantive investigation is expected to be of significant scale and technicality and cannot be done within existing resources.

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