COUNCIL AGENDA

WEDNESDAY 12 AUGUST 2020

COMMENCING 7 PM

THE COUNCIL MEETING WILL BE LIVESTREAMED

D20/327119

INFORMATION ABOUT COUNCIL MEETINGS

This meeting will be open to the public only via the livestream in accordance with the Ministerial Good Practice Guideline (MGPG) issued on 29 April 2020. If the livestream is not available the meeting will be adjourned until the issue can be rectified. These notes have been developed to help citizens better understand Council meetings. All meetings are conducted in accordance with Council’s Meeting Procedure Local Law 2018. WELCOME The Mayor, who chairs the meeting, formally opens the meeting, delivers an acknowledgement of country and welcomes all present. This Council meeting will be recorded and webstreamed live to Council’s website and Facebook page. This recording will also be available as Video on Demand. Although every care is taken to maintain privacy, gallery attendees are advised they may be recorded. APOLOGIES Where a Councillor is not present, their absence is noted in the minutes of the meeting. DECLARATION OF INTERESTS AND/OR CONFLICT OF INTERESTS a Councillor has a duty to disclose any direct or indirect pecuniary (financial) interest, s/he may have in any matter to be considered by Council that evening. CONFIRMATION OF MINUTES The minutes of the previous meeting are placed before Council to confirm the accuracy and completeness of the record. MINUTES/REPORTS OF SPECIAL COMMITTEES Council considers reports from Special Committees that Councillors represent Council on. PETITIONS Council receives petitions from citizens on various issues. Any petitions received since the previous Council meeting are tabled at the meeting and the matter referred to the appropriate Director for consideration. COUNCIL REPORTS 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 authorised officer setting out the resolution to be rescinded and the meeting and date when the resolution was carried. For a decision of the Council to be rescinded, the motion for rescission must be carried by a majority of the votes cast. 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. If a motion for rescission is not moved at the meeting for which it is listed, it lapses. A motion for rescission listed on a meeting agenda may be moved by any Councillor present but may not be amended. 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 and Committee meetings of Council are open to its citizens, Council has the power under the Local Government Act 2020 to close its meeting to the general 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 9 September 2020. There is a Council meeting designated to consider Planning and Related matters scheduled for Wednesday 26 August 2020 commencing at 6.30 pm.

Council Meeting 12 August 2020 2

1. WELCOME

2. APOLOGIES

3. DECLARATION OF INTERESTS AND/OR CONFLICT OF INTERESTS

4. MINUTE CONFIRMATION

The minutes of the Council Meeting held on 8 July 2020 be confirmed.

5. MINUTES / REPORTS OF SPECIAL COMMITTEE

Nil.

6. PETITIONS

PET20/20 REYNARD STREET ROAD SAFETY - PASCOE VALE SOUTH PRIMARY SCHOOL NEW (D20/326970) 7

7. COUNCIL REPORTS

DCI15/20 MORELAND NATURE PLAN - FOR ADOPTION (D20/293442) 10

DCF31/20 INTEGRATED WATER MANAGEMENT STRATEGY 2040 AND 2020-2025 ACTION PLAN - FOR ADOPTION (D20/310003) 122

DBT15/20 IMPLEMENTATION OF LOCAL GOVERNMENT ACT 2020 - GOVERNANCE RULES, PUBLIC TRANSPARENCY POLICY AND COUNCIL EXPENSES POLICY - FOR ADOPTION (D20/305509) 187

DCF32/20 UPDATED CARBON OFFSETS POLICY 2020 - 2024 - FOR ADOPTION (D20/288302) 306

DBT16/20 RISK MANAGEMENT POLICY - FOR ADOPTION (D20/274563) 316

DCF33/20 MORELAND PLANNING POLICY FRAMEWORK TRANSLATION (AMENDMENT C200) AND PLANNING SCHEME ANOMALIES (AMENDMENT C199) - DECISION GATEWAY 1 (D20/245221) 327

DCF34/20 AMENDMENT C190 - BETTER OUTCOMES FOR TWO DWELLINGS ON A LOT - DECISION GATEWAY 2 - CONSIDERATION OF SUBMISSIONS AND REQUEST A PANEL (D20/280476) 404

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DCF35/20 AMENDMENT C208 - MORELAND HERITAGE NOMINATIONS STUDY - GATEWAY 1 - AUTHORISATION AND EXHIBITION (D20/218977) 451

DCF36/20 BICYCLE PARKING AT RAILWAY STATIONS - RESPONSE TO NOTICE OF MOTION 10/20 (D20/279009) 513

DCI16/20 SHADE CLOTH IN CB SMITH RESERVE - RESPONSE TO NOTICE OF MOTION 26/20 (D20/285855) 522

DCI17/20 WEED MANAGEMENT - GLYPHOSATE PHASE OUT UPDATE (D20/43925) 527

DBT17/20 2019/20 COUNCIL ACTION PLAN - ANNUAL REPORT ON YEAR 3 OF COUNCIL PLAN (D20/291238) 532

DBT18/20 GOVERNANCE REPORT - AUGUST 2020 - CYCLICAL REPORT (D20/286934) 639

DCF37/20 PROPOSED PERMANENT CLOSURE - JOHN STREET BRUNSWICK EAST (D20/295861) 666

DCF38/20 AMENDMENT C192 - BRUNSWICK ACTIVITY CENTRE INDUSTRIAL LAND REZONING - DECISION GATEWAY 1: AUTHORISATION (D20/276331) 672

DEP8/20 NAMING 33 OUTLOOK DRIVE GLENROY (D20/255955) 685

DEP9/20 NAMING OF A NEW COMMUNITY HUB ON WHEATSHEAF ROAD GLENROY (D20/282537) 690

DEP10/20 NAMING OF THREE NEW ROADS WITHIN THE SUBDIVISION AT 105 NEWLANDS ROAD COBURG NORTH (D20/283446) 695

DEP11/20 ACQUISITION OF LAND OWNED BY THE STATE GOVERNMENT AND ITS AGENCIES (D20/287833) 700

DCD16/20 COVID-19 IMPACT ON AQUATICS AND LEISURE CONTRACT SUM (D20/300417) 711

DCI18/20 CONTRACT 894ST - LANEWAY WEED CONTROL AND TIDYING (D20/292586) 714

DCI19/20 CONTRACT 908Q - SUPPLY AND DELIVERY OF 12 WASTE TRUCKS AND SPARE PARTS (D20/295986) 720

DCI20/20 CONTRACT RFT-2020-84 - ROAD RECONSTRUCTION OF CRAIGROSSIE AVENUE AND WATTLE GROVE, COBURG (D20/261678) 727

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8. NOTICES OF MOTION

NOM37/20 INCLUSIVE EMPLOYMENT (D20/315057) 731

NOM38/20 TREE PLANTING FOR WEST PAPUA (D20/315089) 732

NOM39/20 COBURG SQUARE (D20/315099) 734

NOM40/20 ENHANCING TRANSPARENCY AND ACCESS TO COUNCIL’S MINUTES, AGENDAS AND MAYORAL CORRESPONDENCE ON ADVOCACY (D20/315114) 735

9. NOTICE OF RESCISSION

Nil.

10. FORESHADOWED ITEMS

Nil.

11. URGENT BUSINESS

12. CONFIDENTIAL BUSINESS

DEP12/20 COBURG SQUARE AND LOUISA STREET CARPARK (D20/260733)

Pursuant to sections 77(2)(c) of the Local Government Act 1989 and 3(1)(a) of the Local Government Act 2020 this report has been designated as confidential by the Chief Executive Officer because it relates to Council business information, being information that would prejudice the Council's position in commercial negotiations if prematurely released.

DEP13/20 PROPOSED COBURG HEALTH PRECINCT (D20/278571)

Pursuant to sections 77(2)(c) of the Local Government Act 1989 and 3(1)(a) of the Local Government Act 2020 this report has been designated as confidential by the Chief Executive Officer because it relates to Council business information, being information that would prejudice the Council's position in commercial negotiations if prematurely released.

DEP14/20 PROPOSED PURCHASE OF LAND - BRUNSWICK EAST (D20/295655)

Pursuant to sections 77(2)(c) of the Local Government Act 1989 and 3(1)(a) of the Local Government Act 2020 this report has been designated as confidential by the Chief Executive Officer because it relates to Council business information, being information that would prejudice the Council's position in commercial negotiations if prematurely released.

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DEP15/20 LEVEL CROSSING REMOVALS - ASSET MAINTENANCE (D20/303133)

Pursuant to sections 77(2)(c) of the Local Government Act 1989 and 3(1)(a) of the Local Government Act 2020 this report has been designated as confidential by the Chief Executive Officer because it relates to Council business information, being information that would prejudice the Council's position in commercial negotiations if prematurely released.

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PET20/20 REYNARD STREET ROAD SAFETY - PASCOE VALE SOUTH PRIMARY SCHOOL NEW (D20/326970)

A petition (D20/319827) has been received by Council containing 80 signatures requesting Council to the allocation of funding towards better road infrastructure to reduce speeding and a one minute ‘kiss and go’ zone to allow parents to safely drop off their children outside Pascoe Vale South Primary School.

Officer Recommendation That Council: 1. Receives the petition, requesting funding towards better road infrastructure to reduce speeding and a one minute ‘kiss and go’ zone to allow parents to safely drop off their children outside Pascoe Vale South Primary School. 2. Refers the petition to the Director City Futures for consideration and response. 3. Notifies the lead petitioner of any outcomes in relation to the petition

Attachment/s 1⇩ Reynard Street, Pascoe Vale South Primary - petition D20/319827

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DCI15/20 MORELAND NATURE PLAN - FOR ADOPTION (D20/293442) Director City Infrastructure Open Space and Street Cleansing

Executive Summary At the Council meeting held on 13 May 2020, Council considered DCI5/20 - Draft Moreland Nature Plan – Endorse for Community Consultation. Council resolved to: 1. Endorse the draft Moreland Nature Plan, for community consultation over four weeks between 18 May 2020 to 26 June 2020, subject to: • Remove the sentence “They were the land’s first explorers, colonisers and pioneers” from the section headed “Traditional land management”. • Include an action for council to do some plantings of flowering plants that attract pollinators (bees). • Amend Action 2.3 to include information about bee-attracting flowers for home gardeners. • Amend Action 3.7 to include reference to Bush Kinder. 2. During the consultation period actively communicates and engages with community garden networks, to seek feedback on creating better links between biodiversity and food system outcomes which produce better ‘nature’ outcomes in general for the community for consideration of inclusion in the final Nature Plan. 3. Receive a further report at the 12 August 2020 Council meeting, highlighting community feedback and presenting a final Moreland Nature Plan for adoption. The draft Nature Plan (the draft Plan) was available for community consultation between 18 May and 26 June 2020. During the six-week consultation period 260 responses were received with a high level of support for the vision and actions proposed in the draft Plan. Feedback from the community has had a direct impact on the final outcome of the plan, as detailed in the consultation summary report (Attachment 1). The key themes of which there were over 20, resulted in changes to the draft document and a stronger, more comprehensive Nature Plan including; • Additional information in the Background and Technical Report to improve context, readability and its usefulness as a reference document; • A stronger vision with clear recognition of the importance of community partnerships; • Modifications to 12 actions to better define and improve their meaning, and therefore, delivery outcome; • Twelve additional actions; • One additional annual indicator - Vegetation cover on private and public land (square metres). Many changes were made in light of community feedback. The final Moreland Nature Plan (Attachment 2), provides a heightened strategic direction to enhance biodiversity and celebrates nature for the next four years and beyond. Council has acknowledged we are in a state of climate emergency; that the world is facing an unprecedented environmental crisis and urgent action is required. The Nature Plan is another example of Council’s commitment to this call for action.

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Officer Recommendation That Council: 1. Endorses the Final Moreland Nature Plan at Attachment 2 to this report. 2. Commences implementation of the approved actions identified in the Nature Plan with existing budget allocations. 3. Refers $50,000 for consideration at the 2020-21 midyear budget review process to undertake Year 1 actions. 4. Refers the Moreland Nature Plan to the 2021-22 budget process, for $185,000 per year for three years to continue implementation of actions. 5. Receives an annual progress report on the delivery and outcomes of the Moreland Nature Plan.

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REPORT

1. Policy Context Council Plan 2017-2021 The draft Nature Plan has been developed in line with the Council Plan’s Strategic Objectives for a Connected Community, Progressive City and Responsible Council. It identifies priority actions to encourage greater connection to nature and delivers on the goal for a ‘cooler, greener and more sustainable city’ stated in the Municipal Public Health and Wellbeing Plan 2017-2021. The Moreland Planning Scheme The Moreland Planning Scheme recognises the importance of waterways through the inclusion of Environmental Significance Overlays. These overlays recognise the environmental, heritage and recreational values of these corridors and identifies a number of objectives to be achieved including protection and restoration of natural systems, waterway function, recreation use, landscape character and heritage (aboriginal and geological). Open Space Strategy 2012-2022 and Urban Forest Strategy 2017-2027 The Moreland Open Space Strategy 2012-2022 (MOSS) and Urban Forest Strategy 2017-2027 recognise the importance of biodiversity as a significant element in Council’s open space network and in creating a greener, more liveable city. Goal 3 of the MOSS States; Prepare and implement a Biodiversity Strategy to identify priority measures for the protection, restoration and enhancement of native plant and animal communities. Gowanbrae Development and Maintenance Plan and the Westbreen and Edgars Creek Conservation and Development Plan The Gowanbrae Development and Maintenance Plan and the Westbreen and Edgars Creek Conservation and Development Plan provide localised recommendations for revegetation and biodiversity protection which form part of previous and future planned works. Moreland Food Systems Strategy 2017-2020 The vision of the Moreland Food Systems Strategy is to create a sustainable, just and vibrant food system that contributes to a more resilient community and a healthier environment. In creating greater areas of edible gardens, this will support habitat improvement for pollinating insects that are vital for good bio-diversity outcomes. 2. Background At the Council meeting on 13 May 2020, Council considered DCI5/20 - Draft Moreland Nature Plan – Endorse for Community Consultation. Council resolved to: 1. Endorses the draft Moreland Nature Plan, at to this report, for community consultation over four weeks between 18 May 2020 to 26 June 2020, subject to: • Remove the sentence “They were the land’s first explorers, colonisers and pioneers” from the section headed “Traditional land management”. • Include an action for council to do some plantings of flowering plants that attract pollinators (bees). • Amend Action 2.3 to include information about bee-attracting flowers for home gardeners. • Amend Action 3.7 to include reference to Bush Kinder.

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2. During the consultation period actively communicates and engages with community garden networks, to seek feedback on creating better links between biodiversity and food system outcomes which produce better ‘nature’ outcomes in general for the community for consideration of inclusion in the final Nature Plan. 3. Receives a further report at the 12 August 2020 Council meeting, highlighting community feedback and presenting a final Moreland Nature Plan for adoption. The draft Nature Plan went out for community consultation between 18 May and 26 June 2020. During the six-week consultation period, 260 responses were received with a high level of support for the vision and actions proposed in the draft plan. Council officers from Open Space Design and Development Unit have undertaken a review of existing literature and information, carried out preliminary community engagement and consultation with relevant stakeholders to develop the draft Nature Plan. 3. Issues Environmental implications Natural areas in Moreland provide a number of environmental, social, ecological and economic services which are critically important. With the population expected to continue to grow, the way in which we manage our natural assets will impact on these services now, and for future generations. The MOSS refers to the importance of nature, and the Urban Forest Strategy 2017–2027 focusses on increasing tree canopy and vegetation cover. The Nature Plan will be the first dedicated plan committed to protecting, enhancing and celebrating biodiversity assets and demonstrates Council’s commitment as an environmental leader. Social implications Natural areas offer wonderful places for recreation and restoration. They are important for children as wild places for free play and discovery which have significant benefits for physical, emotional and academic development. There is strong evidence recognising the health and well-being benefits of a connection to nature. Research supports that a strong connection to nature makes people more likely to feel passionate about relationships with their friends and family. Economic implications While there is general agreement on the use of open spaces and benefits to human beings, these benefits typically do not have a market to reflect their monetary value and as such, the economic value of open spaces, and of investments within them, is not well understood. An investigation into the economic benefits of open space in Moreland was undertaken in 2019 (Natural Capital Economics 2019) to better understand this connection. The study used an ecosystem services valuation approach and quantified the following key benefits from open spaces in Moreland for which data is readily available: • Property price premiums; • Recreation; • Avoided health costs due to physical inactivity; • Traffic decongestion from bicycle commute. Based on the four benefits, the investigation identified Moreland’s open spaces have an estimated value of $94 million per annum and indicated annual benefits of $152,000 per hectare.

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Regional / strategic implications While this is the first dedicated plan for biodiversity for Moreland, there are a number of existing strategies and legislation which relate to land and open space management and provide context for the Nature Plan. Federal The Environment Protection and Biodiversity Conservation Act 1999 (Cth) (the EPBC Act) is the Australian Government’s central environmental legislation and provides a framework for the protection of biodiversity. It identifies species of national significance which includes communities and species that exist within Moreland such as temperate grasslands of the volcanic plains and legislates their protection. State and regional This Nature Plan also demonstrates commitment to the implementation of the Merri Creek Environs Strategy and Chain of Ponds Plan which provide direction for biodiversity and waterway improvements at a catchment scale. 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 Initial Consultation Prior to the development of any document, community engagement for the draft Nature Plan was launched through an initial phase on Council’s engagement platform ‘Conversations Moreland’ late 2019. One hundred and seven submissions were received from the community in response to the question ‘How would you like to see the natural landscape improve in Moreland over the next 10 years?’ The responses created a key reference document for development of the draft Nature Plan. Development of the draft Nature Plan also included conversations with key stakeholders such as members of the Friends of Moonee Ponds and Merri Creeks and Upfield Urban Forest Group. Interviewees commented on the importance of connection to and protection of nature to themselves, the community and for future generations. Many of these stakeholders voiced appreciation for Moreland’s current efforts in greening and the current support that Council currently gives to community groups. Council officers from the adjoining councils of Yarra, Darebin, Moonee Valley, Hume and other councils across Melbourne such as, the Cities of Melbourne, Boroondara and Whittlesea were consulted, gaining valuable feedback on their existing policies, plans and strategies relating to biodiversity. Key internal stakeholders were consulted on the draft Nature Plan, particularly where actions relate to specific units. Feedback was also received by experts in the field of ecological science highlighting the importance of fungi in the environment, and artificial habitats such as bird boxes to enhance bio-diversity which have also been referenced in the document. The feedback from the early engagement shaped actions in a draft Nature Plan which Council endorsed for community consultation in May 2020. Community consultation on the draft Nature Plan occurred between 18 May 2020 and 26 June 2020. Consultation on the draft Nature Plan Due to COVID-19 social distancing and work from home rules, face-to-face and pop- up information sessions that were originally proposed for the consultation were not possible. Therefore, most of the consultation was in digital format and focused through the Conservations Moreland website using an online survey. The consultation period was extended to six weeks (rather than four) to allow more time for the community to respond in this challenging consultation climate.

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The consultation period was advertised through social media, posters across the municipality, Inside Moreland, the on-hold message system and the Aged and Community Newsletter. All participants from the initial survey in 2019 were contacted and notified. Local Friends and community groups, including community gardening groups, were contacted via email and asked to circulate the survey through their networks. A total of 260 submissions were received including 26 detailed submissions with 14 from key local community groups. Feedback was overwhelmingly supportive of the vision and proposed actions, ranging between 81 to 96 per cent support. The feedback themes are listed below, with further details in the consultation summary report (Attachment 1). The consultation report clearly documents the feedback and themes and the outcome for the final plan. The online survey encouraged participants to provide ideas for additional actions or ideas on how the Draft Nature Plan could be improved. Below is a summary of the key themes that emerged from both the online and written submissions on the following topics: • Strategic context; • Community partnerships; • Education and engagement; • Management of domestic animals; • Stormwater treatment and litter management; • Pest animals; • Built form and planning controls; • Artificial lighting; • Artificial habitats; • Restoration and weed control programs; • Climate change; • Creek naturalisation; • Access and amenity; • Traditional owners; • Productive and community gardens; • Monitoring and targets; • Park access and land acquisition; • Resourcing; • Other comments; • Editorial changes; • Comments outside the scope of the Nature Plan. The results of the feedback and information resulted in a stronger, more comprehensive Nature Plan including: • Additional information in the Background and Technical Report to improve context, readability and its usefulness as a reference document; • A stronger vision with clear recognition of the importance of community partnerships;

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• Modifications to twelve actions to better define and improve their meaning, and therefore, delivery outcome; • Twelve additional actions as listed below; • One additional annual indicator - Vegetation cover on private and public land (square metres); The below table shows the additional actions resulting from community feedback, aligning with the Nature Plan themes. Theme Additional Actions resulting from consultation feedback Theme 1: Protect Advocacy for the naturalisation of the concrete section of the and enhance Edgars Creek in Coburg North. biodiversity on Council managed Implement recommendations from Moreland’s Integrated Water land Management Strategy (IWM) 2040, particularly Outcome area 4: Healthy Waterways, to reduce stormwater impacts on local waterways.

Undertake a feasibility study and business case for creating an indigenous food garden at Edna Grove Coburg (alongside Joe’s Community Garden as part of a wetland and integrated stormwater project

Support the establishment of an indigenous food garden at Fawkner Food Bowls.

Consider, and make reference to, the National Light Pollution Guidelines for Wildlife including Marine Turtles, Seabirds and Migratory Shorebirds in 2019 in the review of the Public Lighting Policy.

Theme 2: Seek Provide information on Council’s website on measures for opportunities for discouraging pest animals, such as Indian Mynas and foxes. the private realm to contribute Education and enforcement of dog on-leash areas and dog poo positively to collection prioritised in high conservation areas. biodiversity Strengthen Urban Ecology objectives as part of the wider review of Clause 22.08 Environmental Sustainable Development of the Moreland Planning Scheme.

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Theme Additional Actions resulting from consultation feedback Theme 3: No additional actions. Connect people to nature

Theme 4: In consultation with local creek management bodies, review existing Improving development and revegetation guidelines and develop best practice governance planting guidelines for bushland, habitat corridor and creek / and waterways plantings undertaken by both Council and community collaboration groups. in natural resource Recognise community groups and individual volunteer contributions to management Moreland’s natural environment through nominations to the Moreland Awards – Environment Category.

Collate existing biodiversity data and undertake field assessments to develop baseline data for an ongoing monitoring program.

Seek and develop innovative partnerships with other public and private stakeholders to resource/implement natural resource management programs.

The modified and/or additional actions have been considered in line with existing budgets and, with the exception of two actions, are considered to be deliverable within existing allocated budgets. The development of bushland planting and maintenance guidelines and field assessments to obtain baseline data will require an additional $50,000 in the first year of the plan. Progress on two actions in the Nature Plan since the draft was developed has been made. The State Government made an announcement to contribute $5 million towards the transformation of the Moonee Ponds Creek which delivers on Action 1.12 in the draft Nature Plan which was to advocate for this project. This action has been changed in light of this announcement to contributing to the delivery of this project, including a funding contribution (subject to business case) of $1 million. Liaison with Wurundjeri and further internal consultation has led to an opportunity to reallocate existing Council funding to partner with the Narrap Team in on-ground Natural Resource Management programs. This was approved, with some conditions, at the July Council meeting. In light of this, Action 4.6 which was to partner with the Narrap Team, has been changed from a proposed action to an approved action. In response to feedback, sections within the report were either added or strengthened within the final document; • Section 5.10 – Community Partnerships; was strengthened to highlight the importance of the relationship between Council and Community Groups and the contributions made to the local environment. • Section 5.14 – Productive Gardens; was added to strengthen the link between biodiversity, community gardens and urban food growing and biodiversity and the importance these play in linking the community back to nature. The extensive feedback received during consultation helped form the final Moreland Nature Plan (Attachment 2), providing a more heightened strategic direction to enhance biodiversity and celebrates nature in our City for the next four years and beyond.

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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 The Nature Plan includes a costed implementation plan, with actions allocated under the four key themes. Each action line includes a timeframe, budget estimate and if the required budget is from existing programs or if additional funds are required. While many of the actions are already funded from existing programs within Council, the Nature Plan proposes that additional funding of approximately $185,000 per year is required to deliver the actions efficiently and effectively, (from 2021-22 financial year). The additional resources include the appointment of a new Conservation Programs Officer, which is required to undertake a number of projects outlined in the plan as well as extend engagement with the community around other programs. There is currently one full time equivalent Natural Resource Management Officer position, within the Open Space Design and Development Unit of Council. This role focusses on bushland conservation and capital works improvements within our natural resource management areas. There are limited resources available to focus on more strategic projects, support community conservation activities and implement nature engagement programs. Without the additional funding and a Conservations Programs Officer role, delivery of the Nature Plan will be limited to the status quo. Below is a list of actions that require a new Conservations Programs Officer and additional funding to deliver: • Establish a ‘Gardens for Wildlife’ program in Moreland; • Review and reprint the sustainable gardening in Moreland booklet (or similar) resource; • Reinvigorate the ‘Adopt a tree’ (verge program) to support the uptake of nature strip conversions, particularly along designated habitat corridors; • Work with Northern Golf Course and Northern Metropolitan Cemetery Trust to encourage sympathetic management and conservation programs a critical habitat sites identified through MIVA (2012); • Expand the level of support provided to Friends Groups and the like to undertake conservation activities on public land through the provision of site preparation, materials, plants, tools, planning and advice; • Deliver an annual program of nature-based activities to engage residents in learning about and valuing the natural environment; • Compile a list of fauna to be encountered in Moreland and develop interpretive and educational material for residents, schools and community groups; • Partner with research organisations to undertake field studies and investigation to better understand the impacts of greening activities on both social and environmental indicators and adjust programs accordingly. An additional $50,000 to this financial year’s budget to deliver strategic start-up projects identified through the consultation phase: • In consultation with local creek management bodies, review existing development and revegetation guidelines and develop best practice planting guidelines for bushland, habitat corridor and creek / waterways plantings undertaken by both Council and community groups ($10,000). • Collate existing biodiversity data and undertake field assessments to develop baseline data for an ongoing monitoring program ($40,000).It is recommended

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that this amount be referred to the 2020/21 mid-year budget review process for consideration. Larger proposed capital projects, such as contributing to the Moonee Ponds Creek Transformation Project, will be subject to individual business cases and considered within the 10-year capital works program. 7. Implementation The Nature Plan identifies clear projects for establishment and/or delivery within a four-year period and identifies ongoing actions which are considered to be part of Council’s core service in open space / natural resource management with expectations to be delivered for the next 10 years and beyond. Subject to Council’s endorsement of the Nature Plan, implementation of funded actions will be progressed within existing programs. Business cases will be developed for unfunded (proposed) actions in the Nature Plan for consideration in alignment with Council’s budget process in future years. An annual report will be developed for Council on the delivery of the Nature Plan based on the Annual Performance Indicators identified in the Plan.

Attachment/s 1⇩ Draft Nature Plan - consultation report D20/274717 2⇩ Moreland Nature Plan FINAL D20/300522

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DCF31/20 INTEGRATED WATER MANAGEMENT STRATEGY 2040 AND 2020-2025 ACTION PLAN - FOR ADOPTION (D20/310003) Director City Futures City Change

Executive Summary Climate change and the Climate Emergency are reducing the availability of potable water supplies, adding pressure on stormwater systems, open spaces, landscapes and biodiversity. Droughts are becoming longer in duration and there are more frequent intense storm bursts and flash flooding and more extremes of temperature. The resilience of the city is challenged by these changes and it is becoming increasingly difficult to keep it cool, green and healthy in these changing times. We must invest in new ways to diversify supply, reduce demand and build resilience. In becoming a twenty-first century water sensitive city, the challenge is also to harness a host of benefits from local catchments including green infrastructure, new sources of water and a healthy downstream environment. In June 2014, Council adopted Watermap 2020 – Moreland’s Path to a Water Sensitive City (2014-2020) (Watermap 2020). Watermap 2020 is Council’s Integrated Water Management Strategy. It sets out Council’s goals and targets to 2020 around the sustainable management of water, particularly with regards to stormwater. By virtue of the timeframe attached to Watermap 2020, the Plan expires this year. An updated draft Integrated Water Management Strategy 2040 - Towards a Water Sensitive City (IWM Strategy) and 5 year Action Plan 2020/21 - 2024/25 (Action Plan) has been developed and consulted on. Community and stakeholder feedback closed 12 July 2020 and has been analysed. The findings from this engagement are summarised in an outcomes report in Attachment 1. The consultation outcomes, and other factors arising since June 2020, have informed the final drafts of the IWM Strategy and Action Plan and are presented for Council endorsement at Attachment 2 and 3.

Officer Recommendation That Council: 1. Notes the Integrated Water Management Strategy 2040 - Towards a Water Sensitive City and 5 year forward Action Plan 2020/21 - 2024/25 – Community and Stakeholder Consultation – Outcomes Report at Attachment 1 to this report. 2. Adopts the draft Integrated Water Management Strategy 2040 - Towards a Water Sensitive City and 5 year forward Action Plan 2020/21 - 2024/25 at Attachments 2 and 3 to this report. 3. Acknowledges the valuable contribution of the community and external stakeholders during the development of Moreland’s Integrated Water Management Strategy, including the Friends of Waterways groups.

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REPORT

1. Policy Context Council is moving towards a more integrated approach to planning across the organisation, presenting an opportunity to ensure strong commitments to sustainability and the climate emergency - across water, climate, carbon and green infrastructure. In June 2014, Council adopted Watermap 2020 – Moreland’s Path to a Water Sensitive City (2014-2020) (Watermap 2020). Watermap 2020 is Council’s Integrated Water Management Strategy. It sets out Council’s goals and targets to 2020 around the sustainable management of water, particularly with regards to stormwater. By virtue of the timeframe attached to Watermap 2020, the Plan expires this year. Watermap 2020 has been reviewed and the refreshed draft Integrated Water Management Strategy 2040 (IWM Strategy 2040) and an Action Plan for the first 5 years of the Strategy have been developed. The review and refreshed IWM Strategy and Action Plan align with: • Moreland’s acknowledgment of the Climate Emergency; transitioning to a Water Sensitive City is an important climate change adaptation response and the sustainable management of water resources remains crucial for resilience to climate change. • Significant integrated water management work occurring at a Victorian state level and large sector changes. • The review of other strategies being led by the City Change branch, including the Zero Carbon Moreland - Climate Emergency Framework 2040 and accompanying Action Plan 2020/2021 – 2024/2025, and the Moreland Waste and Litter Strategy 2018 and accompanying Action Plan. • The increasing importance and acknowledgment of mitigating the urban heat island effect via measures such as retaining water in the landscape, passive tree irrigation and watering sports fields and trees (thus aligning with the Moreland Urban Heat Island Action Plan 2016-2026). The draft IWM Strategy 2040 sets the new direction for Moreland to transition closer towards the attributes of a water sensitive city, allowing new industry approaches, Council priorities and latest industry learnings to influence the development of new targets, priority projects and clearly articulate a new 5 year Action Plan. The proposed work is strategically aligned to the Moreland: • Council Plan 2017-2021 • Zero Carbon Moreland – Climate Emergency Action Plan 2021-2025 • Urban Heat Island Effect Action Plan 2017-2026 • Municipal Public Health and Wellbeing Plan 2017-2021 • Urban Forest Strategy 2017-2027 • Waste and Litter Strategy 2018-2022 • Open Space Strategy 2012-2022 • Nature Plan 2020 – 2024 (draft) • Food Systems Strategy 2017-2020 Related State and Local Government references include: • Water for Victoria (2016) • Integrated Water Management Framework for Victoria (2017)

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• Victorian Planning Provisions (VC154 amendments – Stormwater Management) 2018 • State Environmental Protection Policy - Waters (SEPP) • Moreland Planning Scheme, Local Planning Policy 22.08 Environmentally Sustainable Design (ESD), Urban Stormwater Best Practice Environmental Management Guidelines (BPEM 1999 as amended). 2. Background Draft Integrated Water Management Strategy 2040 The transition of Moreland to a water sensitive city needs a clear strategy and a long- term vision. The vision for the IWM Strategy 2040 is: “Moreland will be a Water Sensitive City. A Water Sensitive City is a liveable city where we take good care of our waterways and make the most of our precious water resources. We keep our open spaces resilient to climate change impacts and, enhance urban and natural environments and support community health and wellbeing. Council leads by example and working together with our key partners, supports community actions to become a water sensitive city.” The IWM Strategy has been developed in response to the current and emerging issues impacting the management of water resources, including: • Climate change and the climate emergency – reduced availability of potable water supplies, added pressures on the stormwater system, our open spaces, landscapes and biodiversity. Droughts are becoming longer in duration and there are more frequent intense storm bursts and flash flooding and more extremes of temperature. The resilience of our city is challenged by these changes and it is becoming increasingly difficult to keep our city cool, green and healthy in these changing times. We must invest in new ways to diversify supply, reduce demand and build resilience. • Population growth – Between 2016 and 2036, the population of Moreland is forecast to increase by 56,334 persons (32.73 per cent growth), this will lead to a higher demand for limited water supplies, pollution pressures caused by urban consolidation, putting pressure on Moreland and Victoria’s precious water resources that support our local community and environment. • Regulatory and policy – water restrictions and regulated water management requirements especially in drought periods will impact our urban habitat and biodiversity, our open spaces and landscapes. • Economic – increasing water and sewage charges by water authorities, placing additional pressure on the community and Council. • Knowledge and technology – developments in water recycling, stormwater reuse and stormwater treatment. In becoming a twenty-first century water sensitive city our challenge is also to harness a host of benefits from our local catchments including green infrastructure, new sources of water and a healthy downstream environment. The IWM Strategy brings together all elements of the water cycle to achieve the greatest social, economic and environmental benefits for the community. Taking an integrated approach ensures that the water cycle is more resilient to the impacts of climate change and a growing population, while continuing to make Moreland a great place to live, work and play.

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This strategy enables optimum health of canopy trees and other vegetation even in drier times; cleaner, less polluted waterways; supports biodiversity; improves health and wellbeing of community; liveability and amenity; and making the city more adapted and resilient to heatwaves and other weather extremes. Achieving the vision and outcomes of this strategy, requires a continued collaborative approach and commitment from all Council branches across the organisation, and strong partnerships with key stakeholders such as Melbourne Water and the Department of Environment, Land, Water and Planning (DELWP). The IWM Strategy 2040 has been developed with close alignment to the Yarra and Maribyrnong strategic direction statements (September 2018) set by DELWP and the Integrated Water Management Forums, of which Moreland is an active member. The 5 strategic long-term outcomes outlined in the draft IWM Strategy 2040 are: • Outcome 1 – Collaborating in a Water Sensitive City • Outcome 2 – Resilient and Liveable Landscapes • Outcome 3 – Wise Water Use • Outcome 4 – Healthy Waterways • Outcome 5 – Community Embracing Water Sensitive Urban Design The IWM Strategy 2040 is included in Attachment 2. IWM Strategy 2040 Action Plan 2020/21 - 2024/25 The IWM Strategy Action Plan 2020/21 - 2024/25 has been developed to outline key initiatives, programs and projects for the first years of IWM Strategy 2040. The full Action Plan is included in Attachment 3. The 5 year Action Plan includes a range of initiatives, programs and projects under the 5 key outcomes, with clear focus on making meaningful and demonstrable progress to transitioning to a water sensitive city. They have all been developed in close collaboration with the external stakeholders and teams listed in the Policy Context/Strategic Alignment section. Some of the key highlights are outlined below and the remainder in the Action Plan (Attachment 3), noting that a similar approach to the previous Watermap Strategy of prioritising delivery of two stormwater harvesting projects and three Water Sensitive Urban Design (WSUD) projects ash been applied again. Council has previously been very successful in securing funding from external parties and will continue to actively seek external grant funding for operational or capital projects, partnering with external agencies for the mutual benefit the health of our waterways and actively reducing water consumption. Stormwater Harvesting Over the next 5 years, Council will deliver two new stormwater harvesting projects and/or upgrade existing projects, and complete designs and business cases for two further projects. Recommended priority projects include: • Dunstan Reserve Stormwater Harvesting (design and construction); and • DeChene and McDonald Stormwater Harvesting Scheme (design, business case development; delivery subject to business case and/or external funding). Combined delivery of these two projects can provide a further 18.1ML of stormwater for reuse. This can help reduce Council’s drinking water consumption by approximately 4 per cent. There are other projects that will be investigated in the next 5 years, including those that ensure we are maximising the efficiency of and upgrading existing SWH projects:

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• Scoping of upgrade works - Mutton Reserve • Scoping of upgrade works - Sewell and Hosken Reserves • Scoping of CB Smith Upgrade (300kL tank at CB Smith and capture the drainage off the 2 grounds) Water Quality/WSUD Over the next 5 years, Council will deliver/investigate the following Stormwater Quality/WSUD priority projects: • Gavin Park Wetland Construction (Westbreen Creek) (funded by Open Space Design and Development and with a Melbourne Water Living Rivers Grant) • Passive Street Tree Trial, with Melbourne University • Embedding WSUD Asset Management Cross Council Capability Project • Somerlayton/Moomba Park - design and business case development • AG Gillon Reserve Precinct (AG Gillon Reserve, Gilpin Park, Clifton Park, Raeburn Reserve, Brunswick Park) – Investigation, design and business case development • Upgrading of the Jones Park wetland to supply water for irrigation at Jones / Allard Park – Investigation, design and business case development Of the design and business case development identified above, Council will seek additional funding through the internal annual business case process and/or external funding applications to support implementation of two of these projects (in addition to Gavin Park Wetland) over the course of the 5 year Action Plan. 3. Issues There are a range of key variables which may impact on the successful delivery of the action plan. Some of which can to be actively managed and some which can be monitored and may require adjustment throughout the life of the Strategy. The main issues are: • Dedicated ongoing budget for construction, maintenance and renewal of our existing and new WSUD assets is required. It is necessary to include in budgets between 5-10 per cent of a project’s total construction cost for maintenance. • Funding requirements to implement projects (including construction costs rising substantially due to Victorian and Federal Government infrastructure expenditure) and to be able to meet the target. The anticipated cost of projects will be carefully considered, especially stormwater harvesting projects given the recent experience of Coburg City Oval which greatly exceeded original budgets due to rising Victorian construction industry costs. • Potential impacts on COVID-19 including potential impacts to construction, engagement and budgets. • Voluntary community activation (such as installing rainwater tanks and other WSUD assets like raingarden in their backyard and supporting water conservation) remains difficult, especially when compared to other environmental issues such as energy efficiency or renewable energy. • At this stage DELWP is working on indicators and measures in the Catchment Scale IWM (CSIWM) plans for Victoria. Council is working closely with DELWP and will incorporate the targets and measures set by IWM Forum over the next 5 years if needed. Monitoring and evaluation reporting also will be revisited based on the IWM Forum strategy. It is likely that DELWP will also consider additional funding of projects that meet these indicators and measures.

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The above challenges are not unique to Moreland City Council. Most councils in Victoria face similar challenges and we will continue to share knowledge and work with other councils to address them. Human Rights Consideration The implications of this report have been assessed in accordance with the requirements of the Charter of Human Rights and Responsibilities Act 2006. The Moreland Human Rights Policy provides an overarching framework for delivering accessible, equitable and inclusive programs, services and decision-making processes. In the development and future implementation of this strategy, Cultural Rights (section 19) has been considered. Specifically ensuring community and traditional owner values are represented in water management planning. 4. Consultation Community and stakeholder consultation on the draft IWM strategy occurred in June and July 2020. The social distancing restrictions have impacted Council’s ability to undertake engagement through usual approaches. As a consequence, the community consultation included targeted focus groups (with public and Council staff), an online survey, and an opportunity to make a written submission. The detailed consultation report can be found in Attachment 1. Based on the feedback, a range of minor information additions and editorial changes were recommended which do not change the intention of the strategy, but which improve its context, readability and/or usefulness, and have been incorporated into the document where appropriate. Specifically, the following activities occurred as part of the engagement process: • Online survey with 25 responses; • The Strategy has been shared online through the Council’s social media platforms like Facebook, Twitter, and LinkedIn; • Social Media post that has a reach of more than 10,000 people, more than 230 comments, reactions and shares; • My Moreland e-newsletter; IWM Strategy included in two editions (the distribution is 1,253 households) reaching a total of 2,506 people; • The documents have been circulated to relevant internal Council Units. Sixty-four individuals and organisations were engaged and provided feedback throughout the consultation process, including: • Community groups: Merri Creek Management Committee and Moonee Ponds Creek Coordination Committee; Upfield Urban Forest, Merlynston Linear park, Friends of Edward Street; Friends of Edgars Creek, Friends of Moonee Ponds Creek , Friends of Merri Creek and Waterwatch, Newlands and East Coburg Neighbourhood House, Ecological Justice Hub, Neighbours United for Climate Action, Climate Action Moreland, CERES • External stakeholders: Melbourne Water, DELWP, Darebin City Council, Yarra City Council, Maribyrnong City Council, Moonee Valley City Council, Hume City Council, Yarra Valley Water, Whittlesea City Council, Melbourne City Council • Internal stakeholders Sustainable Built Environment, Open Space Design and Development Open Space Maintenance, Transport, Engineering, Sustainable Communities, Urban Design, Street Cleansing, Aquatic and Leisure Services, Urban Design, Asset Management, Capital Works Design and Delivery, Strategy Planning and Research Urban Planning and Strategic Planning

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• An online session was held with Wurundjeri Tribe Council to discuss the draft and the proposed actions in the Plan for closer working relationships with the Wurundjeri people. Feedback received from the above groups was consistently positive. 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 To give stakeholders an indication of the level of indicative funding that Council is committing, but also the level of support required from our partners, indicative costs have been outlined below for the first 5 year Action Plan. Estimated costings of each individual action are outlined in the Action Plan. The total estimated cost of the 5 year Action plan is $5,478,000. Council has, as per the previous Strategy, pre-committed approximately half of this funding. In transitioning to a Water Sensitive City, additional funding will be required in future years. This will be sought by the annual Council budget process and/or external funding. Council has previously enjoyed successful partnerships with both Melbourne Water and DELWP, who have contributed significant funding to specific projects to aid their delivery. Council will continue to actively seek external grant funding for operational or capital projects, partnering with external agencies for the mutual benefit the health of our waterways and actively reducing water consumption. Financial Year Pre-committed Fund $ Subject to Business Estimated Comments for IWM Case $ additional in ESD Unit across maintenance cost council/external per year (subject grants* to business case)

Opex Capex Opex Capex 2020-2021 60,000 150,000 0 0 NA** 100% Funded 2021-2022 60,000 550,000 325,000 345,000 NA** Partnership opportunities 2022-2023 60,000 550,000 110,000 855,000 NA** with Melbourne Water and 2023-2024 60,000 300,000 45,000 745,000 39,000 DELWP for 2024-2025 60,000 550,000 20,000 555,000 39,000 grant funding Sum 300,000 2,100,000 500,000 2,500,000 78,000 5,478,000

*Additional Funding is required to achieve the targets. **Maintenance costs apply once assets are constructed. 7. Implementation Subject to Council’s decision in relation to the Integrated Water Management Strategy 2040 (Attachment 1) and Action Plan (Attachment 2) the next steps are: 1. Finalising and publishing the endorsed Integrated Water Management Strategy 2040 and the 5 year Action plan on Council’s website. 2. Begin implementation of Year 1 Actions.

Attachment/s 1⇩ ESD - IWM - Integrated Water Management Strategy - consultation D20/288538 report 2⇩ ESD - IWM - Integrated Water Management Strategy 2040 - Final Draft D20/289595 - After Consultation - July 2020

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3⇩ ESD - IWM - 2020-2025 Action Plan For Integrated Water D20/289569 Management Strategy 2040 - After Consultation - July 2020

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DBT15/20 IMPLEMENTATION OF LOCAL GOVERNMENT ACT 2020 - GOVERNANCE RULES, PUBLIC TRANSPARENCY POLICY AND COUNCIL EXPENSES POLICY - FOR ADOPTION (D20/305509) Director Business Transformation Corporate Governance

Executive Summary The Local Government Act 2020 (the Act) was assented to on 24 March to be proclaimed to commence in four key stages. The first stage enacted the Overarching Governance Principles and five sets of supporting principles (as detailed in Section 2 of this report) to be embedded by councils to underpin accountability and transparency mechanisms for local government across Victoria. These principles will drive Council’s approach to engagement with the community, public transparency, financial management, strategic planning and service performance. The second stage enacted, amongst other things, the requirements for councils to adopt Governance Rules, including an election period policy, a Public Transparency Policy and a Councillor Support and Expenses Policy by 1 September 2020. At its meeting on 10 June 2020, Council endorsed for community consultation and engagement the draft Governance Rules and draft Public Transparency Policy (DBT10/20). Council also noted community feedback would be sought on the current Councillor Support Expenses and Resources Policy. The engagement period was from 12 June to 19 July 2020 with submissions invited via the Conversations Moreland website and emails sent directly to over 45 community members to share with their networks. Advisory Committee member feedback was also sought on the draft documents and Council staff were encouraged to comment. The submissions received and discussion with submitters indicated a clear link between community engagement and transparency and accountability and sought a strengthening of engagement by Council. Specific feedback and a review against a model prepared by Maddocks lawyers have resulted in changes proposed to the draft Governance Rules including: • An additional sub-rule clarifying that the agenda for an Ordinary Council meeting, including meetings designated for consideration of Planning and Related Matters, that is being held in accordance with the adopted monthly schedule will be made available on the website by the Friday preceding a Wednesday meeting; • Additional wording regarding the application of the principles of natural justice to strengthen section 2.1 Affected person’s rights and interest; • Insertion of sub-rule to provide that a lead petitioner may address a meeting for up to two minutes; • Insertion of a sub-rule to provide for a new motion to avoid a matter being left in limbo; • Inclusion of advisory committee members in the procedure to disclose conflicts of interest; • Inclusion of a requirement that regard must be given to the scheduling of meetings to avoid, where possible, conflicting with significant community or cultural commitments if they will impact on the ability of Councillors or community members to attend. Feedback about the Public Transparency Policy (Policy) has led to proposed changes to ensure Council’s positive obligation and commitment to transparency is not overshadowed by when Council cannot or will not make information available to the public. Additionally, the

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updated Policy explicitly provides for data collected or obtained to inform decision making or service planning to be made available. Additionally, clarity is provided about how submissions made to Council will be treated and that personal information will be redacted. There is also now provision for documents, process information and records specified in section 4.3.3 to be made available within 14 days of being finalised. Implementation of the the Governance Rules and Public Transparency will begin immediately, subject to Council’s decision however it is recommended that a commencement date of 1 September be determined in order to ensure updated processes and information can be put in place.

Officer Recommendation That Council: 1. Adopts the Governance Rules at Attachment 1 to this report. 2. Determines the commencement date for the Governance Rules to be 1 September 2020. 3. Adopts the Public Transparency Policy at Attachment 2 to this report. 4. Determines the commencement date for the Public Transparency Policy to be 1 September 2020. 5. Adopts the Council Support Expenses and Resources Policy at Attachment 3 to this report. 6. Determines the commencement date for the Council Support and Expenses Policy to be 24 October 2020. 7. Writes to all submitters to the draft Governance Rules and Public Transparency Policy thanking them for their submission and providing Council’s decision.

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REPORT

1. Policy Context The Local Government Act 2020 (the Act) was passed into legislation on 24 March 2020 and commenced, in part, on 6 April 2020. Victorian Councils are required, under sections 57 and 60 of the Act, to adopt a Public Transparency Policy and Governance Rules by 1 September 2020. The establishment of the Governance Rules supports the overarching Governance Principles and Public Transparency Principles contained within the Act. The Act, at section 41, also requires Council to adopt a Council expenses policy in relation to the reimbursement of out-of-pocket expenses for Councillors and members of delegated committees by 1 September 2020. 2. Background The Local Government Act 1989 and regulations prescribed many details about how councils could make decisions, public consultation processes, notices of meetings, meeting rules and the information made available to the public, amongst many other things. In shaping the new Act, council feedback was that it is unnecessary for modern councils to have this level of prescription as it impedes a council’s ability to manage their affairs in a responsible and organised way that meets the needs of the community. It also placed limits on councils’ ability to innovate and improve engagement with communities. The Act was therefore developed with a focus on local democracy, boosting council innovation and efficiency and establishing clear and simple legislation. To achieve this, Overarching Governance Principles and five sets of principles are included and are required to be embedded in Council’s decision making and operation. The Act requires Councils to adopt Governance Rules to provide for: The Governance Rules must include provisions for: • The conduct of Council meetings; • The conduct of meetings of delegated committees; • The form and availability of meeting records; • The election of the Mayor and the Deputy Mayor; • The appointment of an Acting Mayor; • An election period policy in accordance with section 69; • The procedures for the disclosure of a conflict of interest by a Councillor or a member of a delegated committee under section 130 • The procedure for the disclosure of a conflict of interest by a Councillor under section 131; • The disclosure of a conflict of interest by a member of Council staff when providing information in respect of a matter within the meaning of section 126(1). These items were previously included in either the Meeting Procedure Local Law, in legislation or in Council policy. The Governance Rules must also provide for a Council to a) Consider and make decisions on any matter being considered by the Council fairly and on the merits; and

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b) Institute decision making processes to ensure that any person whose rights will be directly affected by a decision of the Council is entitled to communicate their views and have their interests considered. A Council must also adopt a Public Transparency Policy and a Council expense policy in accordance with the Act. The Public Transparency Policy must give effect to the public transparency principles and describe the ways Council information will be make publicly available. It must also specify which Council information must be publicly available. A key tenet of the Public Transparency Principles is that Council information must be publicly available unless it is confidential or making it available would be contrary to the public interest. The Council Expense Policy is required to provide for the reimbursement of out-of- pocket expenses for Councillors and members of delegated committees that: • Specifies procedures to be followed in applying for reimbursement and in reimbursing expenses; • Provides for the reimbursement of child care costs where the provision of child care is reasonably required for a Councillor or member of a delegated committee to perform their role; and • Has particular regard to expenses incurred by a Councillor who is a carer in a care relationship within the meaning of section 4 of the Carers Recognition Act 2012. The Act also provides that a Council must make available to the Mayor and the Councillors the resources and facilities reasonably necessary to enable them to effectively perform their role. At its meeting on 10 June 2020, Council endorsed (DBT10/20) for consultation and engagement, the draft Governance Rules and draft Public Transparency Policy. Council also noted community feedback would be sought on its existing Councillor Support, Expenses and Resources Policy prior to a reviewed policy being presented to its August meeting for consideration. 3. Issues Governance Rules The draft Governance Rules were prepared based on the Meeting Procedure Local Law 2018 (the Meeting Procedure) with changes required by the Act and inclusions to provide clarity, consistency and transparency. Feedback from the community received through the consultation and engagement period is summarised with a corresponding Council officer comment at Attachment 4. Comments were also received from the Chair of the Audit and Risk Committee and Council staff, and model governance rules were purchased from Maddocks (lawyers) for comparison. The community feedback (8 written submissions and one online meeting) indicated a degree of scepticism of Council’s commitment to transparency and openness. Specifically, in relation to the draft Governance Rules, community members perceived that the encouragement to submit questions in advance of a meeting and the limitation on the amount of time for question time were both obstructions to full community engagement in Council decision-making. The amount of time an agenda is available to the community was also very important to submitters. Community members also sought clarity that any conflicts of interest held by Council staff or a contractor or consultant must be included in any report to Council (or Delegated Committee).

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Changes proposed to the draft Governance Rules following consultation and engagement and final review by Council officers are: Chapter / Section Proposed change Introduction – Purpose and Context Include and update reference to the Act Context / Affected Persons Rights and Insert new paragraphs at start of section Interest addressing the principles of natural justice. Specify application to officers acting with delegated authority of Council a person whose rights are directly affected. Context / Context Provision for relevant policies to be developed and still provide context to Governance Rules Context / Definitions Inclusion of these Rules Meeting Procedure / Notice of Meetings Inclusion of a specific provision that an agenda for (3.3.5) an ordinary council meeting held in accordance with the monthly schedule will be made available on the website at least 5 days before the meeting (and subsequent clarification) Meeting Procedure / Questions of Inserted by Council at 10 June Council Meeting: Council 3.7.2 (1) Questions will be encouraged by 12 noon but accepted up until the time of the meeting Meeting Procedure / Questions and Provision will be made for questions and community statements from members of community statements via video call when the public not in attendance and at meetings are held electronically in accordance with meetings conducted electronically 3.7.4 Guidelines issued by the Minister (4) Meeting Procedure / Petitions and Joint Inserted provision for a lead petitioner to address a letters 3.7.5(2) meeting for up to two minutes Meeting Procedure / No discussion once Inclusion that a new motion to ensure a matter is declared 3.8.4(2) not left in limbo is allowed Conflicts of Interest / Obligations with Inclusion of Advisory Committee members. regard to conflict of interest Advisory Committee members were also included in the procedure to disclose a conflict in Rule 5.4 Conflicts of Interest / Council Staff and Insertion of additional wording to specify conflicts Contractors and Consultants (5.6 and of interest must be included in any Council reports 5.7) relating to the matter. What informs Decision Making / Removal of detail in relation to the Audit and Risk Overview Notes Committee as it is contained in the Committee Charter and does not provide further context for the Governance Rules. What informs Decision Making / Insertion of a new rule 9.4 to require scheduling of Scheduling of Meeting Council meetings, Advisory Committee meetings, engagement process meetings, Councillor Briefings and Planning Information and discussion meetings to take into account significant cultural or community barriers to participation. Council records / Records of meetings Inserted by Council at 10 June Council Meeting: held under the auspices of Council Requirement for the organisations of external presented to be included in records of meetings Various sections Updates to grammar, rule references

The final draft Governance Rules is at Attachment 1

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Public Transparency Policy The draft Public Transparency Policy was been prepared to address the requirements and make clear Council’s commitment to providing access to information. Feedback received about the draft Public Transparency made a strong connection between Council’s engagement processes and its commitment to transparency. Some strong and valid comments received through this consultation and engagement process are not able to be addressed in the Public Transparency Policy however have been captured for consideration through the review of the Community Engagement Policy and Councillor Code of Conduct. The comments provided also indicated that the draft Public Transparency Policy was overly wordy and seemed to try to muddy when Council would be transparent. A commitment to data transparency was also sought by submitters. The Audit and Risk Committee Chair also sought some adjustments to reflect the Audit and Risk Committee Charter. The proposed changes to the draft Public Transparency Policy are: • Wording is proposed to be deleted or adjusted to make the commitments clear; • The section entitled when will we be transparent has been moved up to immediately follow the principles for transparency; • Once finalised, documents will be made available on Council’s website within 14 days; • Data collected to inform service delivery or planning will be made available to the community; • How submissions received from the community will be made transparent, taking into account privacy principles has been specified; and • The definitions of confidential information have been appended rather than included in the body of the policy. The final draft Public Transparency Policy is at Attachment 2. Council Expenses Policy Council reviewed and adopted an updated Councillor Support Expenses and Resources Policy in February 2019 and it is available on Council’s website. This policy addresses expense reimbursement and the resources available to the Mayor and Councillors. A further review to ensure the new requirements in the Act are adequately addressed, has been undertaken. During the consultation and engagement period, most submitters were focussed on the draft Governance Rules and draft Public Transparency Policy. Where comments were received about the existing Councillor Support, Expenses and Resources Policy they were generally supportive. The Chair of the Audit and Risk Committee noted the need to update the references to the Act in this policy. Over 2019/2020 an internal audit sought clarification of reimbursement of childcare expense claims, particularly whether they would be made to non-licenced providers. A further audit sought the policy to be updated to provide clarity regarding the payment of Australian Institute of Company Directors (AICD) membership. The Councillor Support, Expenses and Resources Policy was also benchmarked against other Councils, particularly Brimbank, which was highlighted through a Local Government Victoria (LGV) consultation as being particularly good. LGV also released a reference Council Expenses Policy through the support being provided for Councils to implement the Act which was used to inform the review.

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The proposed changes to the Councillor Support Expenses and Resources Policy are: • Update to reflect 2020 Act provisions including: o Change of name to provide coverage for members of Delegated Committees in the event we have one and it includes people who are not Councillors, in the event Council establishes a delegated Committee; o Explicit wording in the early sections to provide Delegated Committee expenses coverage; • Reordering and refinement of Introduction, Purpose and Content sections and general tidy up; • Combining the budgeted amount for Councillor development into a four year figure to provide flexibility for the development needs of each Councillor. • Clarification of AICD membership payment only if it is part of the course cost and a new requirement to do the accreditation or reimburse the cost for the course. • Provision that Child/family carer does not need to be licenced/registered (but cannot be a family member or member of household) (following an Audit recommendation to address). • Alignment of approval processes in accordance with delegations and current practice. The draft Council Support Expenses and Resources Policy is included at Attachment 3. Environmental and social implications The draft Governance Rules embed the Overarching Governance Principles which require Councils to promote the economic, social and environmental sustainability of the municipal district, including mitigation and planning for climate change risks. Human Rights Consideration There has been careful consideration of human rights through the development of the draft Governance Rules and draft Public Transparency Policy. These have taken consideration of both the Victorian Charter of Human Rights and Responsibilities and Council’s Human Rights Policy. In particular, the right to freedom of expression (section 15) - People are free to say what they think and want to say - is proposed to be enhanced by the inclusion of community statements at Council meetings in the draft Governance Rules. Additionally, this right will be responded to through the Public Transparency Policy which will ensure the community’s right to receive and share information. While some limitation to the right to participation in public life (section 18) is proposed by the inclusion of some limitations on Public Question Time and Community Statements, this is considered to be outweighed by the benefits of enabling more people to make submissions and/or ask questions that will be achieved by a streamlined process. 4. Consultation The social distancing restrictions have impacted Council’s ability to undertake engagement through usual approaches. As a consequence, the approach to community consultation and engagement has been adjusted and was undertaken as follows: A Conversations Moreland website was made live on 12 June. This site included a broad explanation, links to the documents, a submissions form and an invitation to register for one of three online engagement forums.

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Promotion of the Conversations Moreland site and opportunity to provide comments was included on the main Council website and over social media platforms. An additional call out was included in the My Moreland e-newsletter. Emails were sent to over 45 individuals who have made contact with Council and shown interest in Council meetings and Councils transparency. The emails included a link to the Conversations Moreland site and a request to share the information. Council officers who support advisory committees were also provided with the link to the page to be emailed to committee members. One community member registered for an online engagement forum and withdrew when they were advised they were the only participant. At the advertised close of the consultation and engagement period, some submitters commented there had not been enough time, particularly given the size and nature of the documents. The period was extended by a week and community members invited to make arrangements to discuss any comments should that make it easier. Further extension was not possible due to the requirement that the documents are adopted by 1 September 2020. Following the extension, an online discussion was held with four participants. The session was valuable as it provided enhanced understanding of the written submissions. Eight written submissions were received from community members, including one from the Brunswick Residents Network. Comments were received from the Chair of the Audit and Risk Committee as well as Council officers. Communications Once adopted the Governance Rules, Public Transparency Policy and Council Support, Resources and Expenses Policy will be made available on Council’s website. Submitters to the process will be provided with specific responses to their comments and the final documents. People who attend candidate information sessions will also be provided with the documents. They will also be provided to all candidates in the election. An internal communications plan has been developed to ensure the commitments made can be delivered and any process changes are implemented. 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 implications. The resources required to prepare the Governance Rules, Public Transparency Policy and Councillor Support, Expenses and Resources Policy are available through the Corporate Governance Branch with support from the Community Engagement team. 7. Implementation Once adopted, the Governance Rules, Public Transparency Policy and Council Support Expenses and Resources Policy will provide an opportunity to refresh Councils approach to some governance processes. They will also provide the framework for the introduction of greater consistency particularly in regard to Council Reports, Advisory Committee Terms of Reference and reporting, and the type and nature of information available to the public.

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In light of the changes to processes and communication required to staff, it is proposed the Governance Rules and Public Transparency Policy come into effect on 1 September 2020 and the Council Support Expenses and Resource Policy commences on 24 October for a new Council term.

Attachment/s 1⇩ Final draft Governance Rules for Adoption D20/325150 2⇩ Final draft Public Transparency Policy - for adoption D20/325410 3⇩ Council Support Expenses and Resources Policy - for adoption D20/325862 4⇩ Summary of written submissions to the draft Governance Rules and D20/312180 Draft Public Transparency Policy

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DCF32/20 UPDATED CARBON OFFSETS POLICY 2020 - 2024 - FOR ADOPTION (D20/288302) Director City Futures City Change

Executive Summary

Moreland’s Carbon Offset Purchase Policy (Offset Policy) was adopted by Council in June 2015. The policy’s objectives are to: • Guide Council’s own decision making in maintaining its carbon neutrality; and • Demonstrate leadership in Council’s own decision making in responding to climate change on a corporate level by continuing to lead the community towards carbon neutrality. This 10-year policy (2015-2025) noted that it would be reviewed in 2020 in line with the review of the Corporate Carbon Reduction Plan (CCRP). From 1 July 2020, the CCRP is included as part of the new Zero Carbon Moreland 2040 Framework. Combined with the Zero Carbon Moreland 2040 Framework, the Offset Policy forms the basis for Council to achieve carbon neutrality. It is noted in the current Offset Policy that it “meets the requirements of the Federal Government’s National Carbon Offset Standard (NCOS), but if the Federal requirements change within this period, a review will be undertaken to maintain alignment with the Federal program.” There have been no changes to Federal Government requirements although the name has changed from NCOS to Climate Active Carbon Neutral Certification. There are however, other important reasons to update the Offset Policy, especially in light of the new Zero Carbon Moreland 2040 Framework, the continuing climate emergency and the ten-year power purchasing agreement that Moreland entered into since the current policy was adopted by Council. In an Australian first, Council entered into a power purchasing agreement called the Melbourne Renewable Energy Project (MREP), led by the City of Melbourne, in partnership with 13 other councils, universities, banks and businesses. Together, Moreland along with 12 other councils, universities, banks and businesses combined their purchasing power and their corporate carbon emissions to drive investment in renewable energy by facilitating the construction of a new Victorian renewable energy project to offset their collective electricity emissions. As a result, all electricity for corporate operations is purchased from the Crowlands Wind Farm under a ten-year power purchasing agreement. Council’s exposure to the costs of carbon offsets has been reduced by 45 per cent as all electricity is now carbon neutral from the source and does not require further offsets. Combining the reduction in energy consumption from the energy efficiency program operating since 2011 and the MREP contract, Council’s corporate emissions are now 70 per cent below the 2011 baseline which has significant flow on effects in reducing the amount and cost of carbon offsets that need to be purchased to maintain carbon neutral certification. Officer Recommendation That Council: 1. Adopts the updated Carbon Offset Policy 2020/21-2024/25 at Attachment 1 to this report. 2. Notes Council officers will continue to seek a range of quotes for both local and international offsets annually, and it is likely that international offsets will be purchased.

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REPORT

1. Policy Context The recently adopted Zero Carbon Moreland 2040 Framework, and the Zero Carbon Moreland – Climate Emergency Action Plan 2020/2021 – 2024/2025 provide a pathway for Council and its community to meet its carbon neutrality commitment of a zero-carbon community by 2040. The Corporate Carbon Reduction Plan (CCRP) was adopted in 2015 with ambitious steps to continue our organisation’s reduction of energy consumption and our transition away from fossil-based energy sources (building on the Carbon Management Strategy 2009). This is the plan to reduce carbon consumption by the organisation and is now encompassed within the Zero Carbon Moreland 2040 Framework and Action Plan. It is important for Council to continue to show leadership to its community and the broader region on tackling the threat of climate change and responding with urgency to the Climate Emergency. By continuing to reduce our own carbon emissions (a key contributor to a changing climate), Council demonstrates what’s possible, demonstrates leadership and responsibility for its own impact/contribution to our changing climate, and in turn, provides inspiration to the community and as well its staff to take action in their personal lives to address climate change and respond to the climate emergency. In July 2010, the Federal Government introduced the National Carbon Offset Standard (NCOS) to provide national consistency and consumer confidence in the voluntary carbon market. Council adopted this standard in 2012 and have continued to maintain the requirements of the standard. This policy reset signals Councils intentions to continue to work within the guidelines of NCOS (now Climate Active) to maintain its carbon neutral status going forward. 2. Background “Carbon neutral means that – through a transparent process of measuring emissions, reducing those emissions and offsetting residual emissions – net calculated carbon emissions equal zero.”1 Broadly, this means that to achieve certification you must measure emissions, reduce these where possible, offset remaining emissions and then publicly report on your achievement. In December 2008, the incoming Mayor’s stated in their speech that Council would achieve zero net emissions by 2012 as part of demonstrating leadership to its community. Council delivered on its promise of zero net emissions by 2012 by achieving carbon neutral certification under the NCOS. Council was the third Local Government Area (LGA) in Australia to do so (second in Victoria) and has received wide praise for doing so particularly given its commitment to simultaneously maintain an aggressive energy efficiency program to reduce energy consumption and reliance on fossil fuels across its corporate operations, in conjunction with the purchase of verified carbon offsets. Certification allows Council to be publicly recognised for its achievements, helping the community to immediately identify that Council is carbon neutral, and that it has been achieved in a credible and transparent way. Council’s carbon inventory is independently audited every three years.

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To achieve certification you must measure emissions, reduce these where possible, offset remaining emissions and then publicly report on your achievement. Council has been reporting this and celebrating this publicly since 2012. The current Carbon Offset Policy was a 10-year policy adopted by Council in 2015 to be reviewed in 2020 in line with the review of the Carbon Reduction Plan. This policy continues to meet the requirements of the Federal Government’s NCOS and maintains alignment with the Federal program. Other than a change in name from NCOS to Climate Active, there have been no changes to the Federal Government’s requirements. However, other reasons to update the policy are outlined in the next section. 3. Issues Reducing Councils Emissions through an Innovative Partnership In an Australian first, Council is part of the Melbourne Renewable Energy Project (MREP), led by the City of Melbourne, in partnership with 12 other councils, universities, banks and businesses, who together combined their purchasing power and their corporate carbon emissions to drive investment in renewable energy by facilitating the construction of a new Victorian renewable energy project to offset their collective electricity emissions. This resulted in the construction of the Crowlands Wind Farm in north west Victoria (near Ararat), which includes 39 new wind turbines and a combined electricity generation capacity of 80MW. As of 1 January 2019, Moreland began purchasing all its electricity for Council operations from this wind farm. The MREP approach demonstrated local government innovation and leadership and that it is possible for councils, businesses and institutions to take control of securing renewable electricity supply thereby taking action on climate change and responding to the Climate Emergency. Council’s involvement with the landmark Melbourne Renewable Energy Project (MREP) was recognised with a Premier’s Sustainability Award in the Government category in 2018. As a result, all electricity for corporate operations is purchased from the Crowlands Wind Farm under a ten-year power purchasing agreement. Councils exposure to the costs of carbon offsets has been reduced by 45 per cent as all electricity is now carbon neutral from the source and does not require further offsets. Combining the reduction in energy consumption from the energy efficiency program operating since 2011 and the MREP contract, Councils corporate emissions are now 70 per cent below the 2011 baseline which has significant flow on effects in reducing the amount and cost of carbon offsets that need to be purchased to maintain carbon neutral certification. Offsets Involvement in MREP also satisfied some community concerns by continuing to reduce the need for Council to purchase international (or Australian) offsets. Highlighting MREP is an important update that should be made to the policy. Additionally, the opportunity has been taken to broaden the selection criteria for offset purchasing by: • Broadening the current setting which is essentially ‘lowest cost certified’ and generally international. This broadening includes a set of desirable criteria so that Council can specifically consider certified offset options in the Australian context that are from environmental/biodiversity projects that contribute to ecosystem health and regenerate degraded land (as opposed to wind farms, renewable energy, landfill gas, which are “hard infrastructure projects”.) o Agriculture activities (for example, soil carbon); o Vegetation activities (for example, revegetation, avoided deforestation);

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o Savanna burning2 As or if they become available at an affordable price; • Placed more emphasis on projects located in Australia as a ‘preference’. This could likely mean spending potentially more each year. Flexibility is required in selecting carbon offsets, but Council will continue to investigate the purchase of locally generated offsets in preference to international offsets if budgets allow for the typical higher purchase price. Quality of Offsets and Certification International offsets have in the past been controversial for some as they are sceptical on the quality of the permits and have thought that the rules have been weak and poorly enforced. However, the pragmatic reality is that these permits are legal 'currency' under the United Nations Climate Change Convention. Furthermore, international offsets provide an opportunity for poorer developing countries to fund renewable generation and innovative energy generation projects. Australia has a key role to play as a global citizen and one opportunity to support developing countries is through the purchase of carbon offsets. In a small way this funding addresses the fact that Australia exports significant amounts of coal which generates a huge amount of greenhouse gases in predominantly developing countries. Offsets utilised under the Federal Government’s Climate Active Carbon Neutral Program are verified and certified to ensure quality and the typologies are as follows: • Verified Carbon Units (VCUs) issued by the Verified Carbon Standard; • Verified Emissions Reductions (VERs) issued by the ‘Gold Standard3; • Removal Units (RMUs) issued by a Kyoto Protocol country on the basis of land use, land-use change and forestry activities under Article 3.3 or Article 3.4 of the International Kyoto Protocol; and/or • Certified Emissions Reductions (CERs) issued as per the rules of the Kyoto Protocol from Clean Development Mechanism projects; • Australian Carbon Credit Units (ACCUs) issued by the Clean Energy Regulator in accordance with the framework established by the Carbon Credits (Carbon Farming Initiative) Act 2011. An example of a project supported by Council through Offsets: Andhra Pradesh, India As an example, last year Council purchased Verified Gold Standard Offsets supporting a new 100 Megawatt Wind Farm, supporting villages in Rudrampalli, Borampalli, Elagalavanka and Basavapuram Anantapuram district, Andhra Pradesh, India. The project is sited on barren ground which avoided impacts to fertile or productive land and generates renewable electricity displacing grid electricity generated by mainly fossil fuel-based power plants. Importantly this project contributes to reducing India’s reliance on foreign sourced fuels and local fossil fuels, and reduces air pollution such as Sulphur Dioxide, Nitrogen Oxide and suspended particulates.

2 Savanna burning is a carbon emissions reduction initiative. savanna fire management projects aim to reduce the frequency and extent of late dry season fires in savannas, resulting in fewer greenhouse gas emissions and more carbon being sequestered in dead organic matter. 3 established in 2003 by the World Wildlife Fund and other international NGOs to ensure projects that reduced carbon emissions featured the highest levels of environmental integrity and also contributed to sustainable development

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Furthermore, by generating employment opportunities for local skilled and unskilled people during construction and operation, it has improved their economic conditions and encouraged additional investment to the region, especially for improving the local roads and contributing to rural area development through an improved local power supply. Carbon Offset Policy Criteria When selecting carbon offsets, the following criteria will guide purchasing decisions: Mandatory criteria: • Must be Climate Active (formerly NCOS) accredited offsets4, suitable for the purpose of maintaining Council’s carbon neutrality certification. Desirable criteria: • Australian generated offsets5 will be prioritised when available; • Preference for projects with social and/or environmental co-benefits (beyond greenhouse gas mitigation), including verification processes for example: o Agriculture activities (for example, soil carbon) o Vegetation activities (for example, revegetation, avoided deforestation) o Savanna burning6 • Cost per tonne Carbon dioxide equivalent (CO2-e). 4. Consultation No consultation was undertaken for the update of this policy as the mid-term review was administrative in nature. 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 Using the criteria outlined in the Carbon Offset Policy, Council has typically purchased International offsets. The typical cost range for international offsets (2019 prices) is ~$0.75 - $2.30 /tonne CO2-e. In the last two years, Council has typically spent in the order of $7,000 to $10,000 on offsets (since the introduction of MREP). For example, in 2018-19, Council purchased 6,500 in offsets at a cost of $.82/tonne CO2-e, total cost $5,330 (total offsets need was higher, but we had banked some from the previous year). Local carbon offsets are currently up to ten times more expensive (on average) than international offsets. If Council were to consider purchasing certified Australian Offsets, the expenditure could be in the order of $7.50 - $23.00/tonne CO2-e, or approximately $70,000k plus for offsets.

4 https://publications.industry.gov.au/publications/climate-change/system/files/pages/b6b73a02-1a6c-4d77-bb11- e12c44f759c4/files/guidance-offsets-eligible-offsets.pdf 5 Australian Carbon Offset Registry: http://marketplace.carbonmarketinstitute.org/registry/ 6 Savanna burning is a carbon emissions reduction initiative. savanna fire management projects aim to reduce the frequency and extent of late dry season fires in savannas, resulting in fewer greenhouse gas emissions and more carbon being sequestered in dead organic matter.

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The funds required ($7,000 - $10,000) to action the purchase of offsets of this resolution are budgeted for within the current year base budget of Sustainable Built Environment Unit. The funds to action the purchase of Australian offsets, at the current known price, are currently unbudgeted in the 2020/21 budget for the Sustainable Built Environment Unit, however quotes will be sought, as part of the purchase of offsets each year in order to ascertain availability and prices. 7. Implementation Council officers will execute the Carbon Offsets Purchase Policy as part of the annual Climate Active Carbon Neutral Certification.

Attachment/s 1⇩ ESD - NCOS - Carbon Offsets Purchase Policy 2020 2024 DRAFT D20/261745 FINAL

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DBT16/20 RISK MANAGEMENT POLICY - FOR ADOPTION (D20/274563) Director Business Transformation Corporate Governance

Executive Summary There has been ongoing development and improvement of risk management initiatives across Council. Risk Management continues to be embedded into the business practices and culture of the organisation. Council’s internal auditor has recommended that the elevation of the Risk Management Policy from a policy approved by the Chief Executive Officer to one that is adopted by Council will further embed Risk Management across Council. The Risk Management Policy, at Attachment 1, outlines Council’s commitment to the key principles that guide Risk Management practice across the organisation, which seeks to support good corporate governance, improved accountability and reduced risk exposure. It also facilitates the achievement of corporate objectives.

Officer Recommendation That Council adopts the Risk Management Policy at Attachment 1 to this report.

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REPORT

1. Policy Context The Local Government Act 1989 (the Act) requires Councils to develop and maintain adequate internal control systems. The Risk Management Policy at Attachment 2 aligns with the principles and requirements of International Standard ISO 31000:2018 - Risk Management guidelines. The establishment of the Risk Appetite Statements for inclusion within Council’s Enterprise Risk Management Framework aligns with the Council Plan 2017-21 strategic objective: Responsible Council and the key priority - Provide transparent and effective governance of Council’s operations. Under the Local Government Performance Reporting Framework, which is a mandatory system of performance reporting for all Victorian councils, Council is required to have a Risk Policy (measure 7), Risk Management Framework (measure 13) and report on strategic risks on a half-yearly basis (measure 19). 2. Background In March 2019 a new Enterprise Risk Management Framework was developed, and a Risk Management Policy was established. The Audit and Risk Management Committee reviewed and endorsed both documents. The Enterprise Risk Management Framework (the Framework) provides a structure for the management of risk at Moreland. It includes guidance on methodology and describes the tools, systems and processes that support all employees in enacting their responsibilities relating to Risk Management. The Risk Management Policy outlines Council’s commitment to the key principles that guide Risk Management practice across the organisation. The Risk Management Policy is implemented through the Enterprise Risk Management Framework which integrates risk management into Council’s activities and functions. Its effectiveness depends on its integration into governance processes, annual planning and performance monitoring across the organisation. In September 2019 the Framework was updated to incorporate Risk Appetite Statements which had been established through consultation with Councillors, Executive, Managers, the Risk Management Committee and Audit and Risk Management Committee. The Risk Appetite Statements, put simply, are the amount and type of risk that an organisation is willing to take in order to meet its strategic objectives. In December 2019 Council’s internal audit contractor completed a Risk Management Framework audit that identified opportunity to further integrate and drive risk management. The audit recommended that the Risk Management Policy be elevated from an operational policy (Chief Executive Officer approved) to one adopted by Council. 3. Issues Effective Risk Management provides the basis for good corporate governance, improved accountability and reduced risk exposure. It also facilitates the achievement of corporate objectives. Council’s adoption of the Policy and Chief Executive Officer sign off of the Framework drives the promotion of a risk positive culture. They confirm Council’s mandate to embed effective Risk Management practices in all business processes and recognises the value of Risk Management in supporting the achievement of its key strategic and operational objectives.

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In accordance with the Framework, Council will receive a Strategic Risk Review Report twice per annum detailing the total number, risk levels, control effectiveness and new/emerging strategic risks. Council’s risk appetite is developing in maturity and will be reviewed following the commencement of the new Council after the election in October 2020. Environmental implications The Policy incorporates Council’s risk appetite for environmental impacts, in alignment to the governance principles of the Local Government Act 2020: • Council has a low risk appetite for any risks which unfavourably impact on the environment or the achievement of Council’s environmental objectives (environmental accountability); • Council has zero risk appetite for any breaches of Environment Protection and Biodiversity Conservation Act (environmental accountability); and • Council recognises that achieving our environmental objectives may involve a degree of risk and has a high-risk appetite for strategies that respond to our sense of urgency and current climate emergency (environmental objectives). Social implications The Policy outlines Council’s risk appetite for safety: • Council has zero appetite for OHS risks that endanger the safety of employees and visitors or impact their wellbeing; • Council has very low appetite for providing poor-quality or inadequate services. Regional/strategic implications Effective risk management protects the interests of Moreland’s community, service delivery and achievement of the strategic goals of Council. 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 Councillors were consulted on the development of the Risk Appetite Statements on 17 June 2019 and 9 September 2019. The Executive were consulted on 2 July, 6 August, 8 August and 2 September 2019. The Risk Management Committee was consulted on 18 July 2019. All Managers were consulted from 8 to 16 August 2019. Changes to the Policy recommended through the Risk Management Audit were endorsed by the Executive on 11 February 2020 and the Audit and Risk Management Committee on 24 March 2020. The draft Policy was distributed to level 1 to 4 managers and supervisors on 3 July and presented to the Executive on 14 July for review and endorsement. A Councillor Briefing on the Policy was held on 27 July 2020. 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 Local Government Act 2020 requires Council to ensure that financial risks are monitored and managed prudently having regard to economic circumstances in accordance with the financial management principles. The Risk Management Policy incorporates risk appetite statements for key financial risks to guide risk decision

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making. These are accompanied by key metrics and tolerances in the Framework to ensure the alignment of decision making within tolerance determined for each statement, in consultation with Councillors. 7. Implementation The Policy will be made available on Council’s website. The Policy will be launched within the organisation, alongside the Framework to drive improvement in Council’s risk culture. Implementation will be supported with the delivery of Risk Management training across all levels within the organisation.

Attachment/s 1⇩ Risk Management Policy D20/240904

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DCF33/20 MORELAND PLANNING POLICY FRAMEWORK TRANSLATION (AMENDMENT C200) AND PLANNING SCHEME ANOMALIES (AMENDMENT C199) - DECISION GATEWAY 1 (D20/245221) Director City Futures City Strategy and Design

Executive Summary In 2018, the State Government introduced a new Planning Policy Framework (PPF) into all Victorian Planning Schemes as part of the Smart Planning reform program through Amendment VC148. The State Government’s introduction of the PPF is said to improve the operation of planning policy in planning schemes by containing state, regional and local policies in the one place, enabling a policy framework that is stronger, better aligned, consistent and easier to navigate. All Councils are required to translate their Local Planning Policy Frameworks to the new PPF structure by June 2021. The translation process has included a review of all parts of the existing framework to ensure that critical local content is retained. Content that is not consistent with the Planning Scheme rules established by the Department of Environment, Land, Water and Planning such as: duplication, material found in other legislation, matters that planning cannot address or are outdated, are required to be excluded. Amendment C200 to the Moreland Planning Scheme proposes to replace the existing Local Planning Policy Framework with a redrafted policy neutral Planning Policy Framework and to reframe this in the form of a Municipal Planning Strategy. This report recommends Council endorses the draft Municipal Planning Strategy and local policies shown at Attachment 2 to this report and requests the Minister for Planning prepare, adopt and approve Amendment C200 pursuant to section 20(4) of the Planning and Environment Act 1987. This report also recommends that Council requests the Minister for Planning prepare, adopt and approve prescribed Amendment C199 to the Moreland Planning Scheme pursuant to section 20(A) of the Planning and Environment Act 1987. This Amendment seeks to correct anomalies that have been identified throughout the Moreland Planning Scheme. The anomalies relate to minor technical and clerical errors, expired or duplicated clauses, outdated references and deleted Road Closure Overlays.

Officer Recommendation That Council: 1. Endorses the draft Municipal Planning Strategy and local policies at Attachment 2 to this report. 2. Requests the Minister for Planning to prepare, adopt and approve Moreland Planning Scheme Amendment C200 pursuant to section 20(4) of the Planning and Environment Act 1987 as shown in Attachment 2 to this report. 3. Requests the Minister for Planning to prepare, adopt and approve prescribed Moreland Planning Scheme Amendment C199 pursuant to section 20A of the Planning and Environment Act 1987 at Attachment 3.

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REPORT

1. Policy Context Council Plan The Council Plan 2017-2021 seeks to create a progressive city. To achieve this, Key Priority 1 sets out to ‘enhance liveability, affordability and sustainability by guiding growth and excellence in urban design and development’. A measure of this priority is the successful implementation of Council’s Local Planning Policy Framework (LPPF). Translating Council’s LPPF into the new Planning Policy Framework (PPF) prepared by the State Government will strengthen and streamline Council’s policy framework and help to achieve a progressive city. Smart Planning Reforms Smart Planning is a reform program by the Department of Environment, Land, Water and Planning (DELWP) to make Victoria’s planning system more efficient and accessible. As part of this program, DELWP has introduced changes to the form and content of planning schemes to make them more efficient, accessible and transparent. An important component of this program is the translation of the LPPF for each Council into the new PPF structure proposed by DELWP. All Councils are required to translate their Local Planning Policy Framework to the new PPF structure by June 2021. 2. Background Amendment VC148 (VC148) is part of the State Government’s Smart Planning program to modernise Victoria’s planning policy and rules. It was gazetted on 31 July 2018 and applies to all planning schemes. VC148 implemented the first stage of the PPF by replacing the State Planning Policy Framework (SPPF) with the PPF structure. The State Government advises that it has introduced the PPF to improve the operation of planning policy in planning schemes by containing state, regional and local policies in the one place, enabling a policy framework that is stronger, better aligned, consistent and easier to navigate. It encompasses Clauses 11 – 19 of planning schemes. The PPF provides a thematic structure for policies which is included at Attachment 1. This structure is standard across all Victorian Planning Schemes. Attachment 1 illustrates where Moreland’s local policies will sit within the thematic structure. The PPF also provides a standardised format for all policies. Each policy now includes ‘objectives’ and ‘strategies’ and where necessary, ‘policy guidelines’. It removes ‘application requirements’ and ‘decision guidelines’. The State Government advises that the new PPF structure is aimed at significantly reducing repetition in the planning scheme and using language that is more easily understood. In addition to the PPF, VC148 also introduced a Municipal Planning Strategy (MPS). The MPS is to sit at Clause 2.0 of the planning scheme and provides the planning scheme’s policy foundation by setting out the overarching land use vision and directions of a municipality. It is to provide a focused and direct message about a Council’s planning aspirations. All translations of a Council’s LPPF into the new PPF structure requires the preparation of an MPS, replacing the current MSS. VC148 also introduced other structural changes to planning schemes, including restructured Particular Provisions, integrated Vic Smart applications and reorganised operational and administrative provisions of the scheme.

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3. Issues Planning Scheme Rules for Translation To ensure consistency across the translation of all planning schemes to the new format, DELWP established a series of planning scheme rules. The rules provided direction when redrafting the framework and generally included: • The exclusion of policy that conflicted or duplicated state policy, other legislation, zones, overlays, or other parts of the planning scheme; • Deletion of matters that are not related to planning advocacy, promotion, other Australian standards / guidelines or that are not able to be controlled by Council under the planning scheme; • Compatibility with state policy; • Deletion of policies that changed permit triggers or prohibited uses or development permissible under a zone; • Deletion of descriptive, unnecessary content that does not assist decision making. As distinct from most other Councils, Moreland opted to allocate resources to translate the PPF rather than for DELWP to wholly undertake the translation. Benefits of this approach were that it gave Council: • Greater control over the content that was included and deleted from the translation and the quality of the content; • Greater control over when the translation was to occur which has assisted to align with the current strategic planning workplan and set the base for future work. Amendment C200 – Translation of LPPF into the PPF Structure Amendment C200 (the Amendment) proposes to replace the existing LPPF with a redrafted policy in the PPF format and introduce an MPS. Table 1 below lists the MPS and draft planning policy clauses and outlines the key sources that informed the policy content. Content has been translated from existing policies within the LPPF, with changes made where required to align with the DELWP planning scheme rules. Council officers have worked closely with DELWP to ensure that the policies have met the prescribed requirements and accord with the PPF format. The Amendment is proposed to be processed via a Ministerial Amendment in accordance with section 20(4) of the Planning and Environment Act 1987 (the Act). This is the approach being taken by DELWP for all PPF translations which are considered policy neutral. Under a 20(4) Amendment, the Minister for Planning is the proponent for the Amendment and is exempt from the from the formal notification requirements of sections 17, 18 and 19 of the Act. A further amendment is proposed when the new translated PPF structure is in place. The further amendment will introduce new content based on recommendations from the Moreland Planning Scheme Review Report 2018, recently adopted Council strategies and further strategic work identified throughout the translation process. This Amendment will go through the standard amendment process including public notification and will be ready for Council’s consideration to seek authorisation in early 2021.

All policies have been translated from existing content, with wording revised where required to align with DELWP planning scheme rules and requirements for strategies, objectives and policy guidelines.

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Table 1: Draft Municipal Planning Strategy and planning policies and strategic sources

Clause Clause name Commentary no.

Municipal Planning Strategy (MPS)

1 2.01 Context The context describes the planning scheme’s policy foundation, based on the municipality’s location and regional context, assets, strengths, key attributes and influences. Content has been translated from the existing Municipal Profile at Clause 21.01 and existing background documents at Clause 21.04 of the Moreland Planning Scheme.

2 2.02 Vision The vision represents the spatial response to the Council Plan vision. Content has been translated from the existing vision at Clause 21.02-2 of the Moreland Planning Scheme. An updated vision will be included once the new Council Plan is finalised in 2021.

3 2.03 Strategic This content is derived from existing content in Clauses 21 directions and 22 of the Moreland Planning Scheme, background documents adopted from Council and strategic work undertaken. The strategic directions outline how Moreland will implement its vision and manage key issues.

4 2.04 Strategic Provides framework plans derived from existing content in framework Clauses 21 and 22 of the Moreland Planning Scheme and updated where required: ▪ Activity Centre Framework Plan. ▪ Housing Framework Plan. ▪ Economic Development Framework Plan. ▪ Open Space Framework Plan. ▪ Transport Framework Plan.

Environmental and landscapes values

4 12.01- Biodiversity This policy seeks to retain existing biodiverse landscapes and 1L design and promote development that protects and enhances areas of remnant and indigenous vegetation. Key policy sources: ▪ Clause 21.03-6 Open Space Network. ▪ Moreland Open Space Strategy 2012-2022.

Environmental risks and amenity

5 13.05- Noise Abatement The policy seeks to assist the control of noise effects of non- 1L residential uses by designing new residential developments and mixed-use developments (incorporating residential) to incorporate noise attenuation measures. Key policy sources: ▪ Clause 21.03-1 Activity Centres.

6 13.07- Caretaker’s This policy seeks to protect business by preventing dwellings 1L Houses that are not associated with a business or industry from establishing in industrial and commercial zones where a dwelling is prohibited. Key policy sources: ▪ Clause 22.05 Caretaker’s Houses.

7 13.07- Discretionary This policy provides guidance on the design and location of discretionary uses to protect the amenity and built form

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Clause Clause name Commentary no. 1L Uses character of residential areas. Key policy sources: ▪ Clause 22.02 Discretionary Uses in Residential Zones

8 13.07- Entertainment This policy seeks to manage the potential negative amenity 1L Venues and and public safety impacts of licensed premises and Licensed entertainment venues. Premises Key policy sources: ▪ Clause 22.09 Entertainment Venues and Licensed Premises

Built environment and heritage

9 15.01- Urban Design in The new PPF format splits ‘urban design’ and ‘building 1L Moreland design’. This policy focuses on the creation of urban environments that are safe, healthy, functional and enjoyable and that contribute to a sense of place and cultural identity. It consolidates several strategies from existing content regarding urban design into one place. Key policy sources: ▪ Clause 21.03-4 Urban Design, Built Form and Landscape Design.

10 15.01- Vehicle Access This policy seeks to ensure vehicle access contributes to an 1L Design improved urban environment for pedestrians and cyclists. Key policy sources: ▪ Clause 22.03 Car and Bike Parking and Vehicle Access.

11 15.01- Signs This policy seeks to ensure the design of signage is sensitive 1L to the style, scale and character of host buildings, nearby buildings, and streetscapes. Key policy sources: ▪ Clause 22.04 Advertising Signs.

12 15.01- Building Design This policy focuses on achieving building design outcomes 2L in Moreland that contribute positively to the local context and enhances the public realm. It consolidates several strategies from existing content regarding building design into one place. Key policy sources: ▪ Clause 21.03-4 Urban Design, Built Form and Landscape Design. ▪ Clause 22.01 Neighbourhood Character. ▪ Clause 22.03 Car and Bike Parking and Vehicle Access.

13 15.01- Building Design This policy sets out building design requirements for 2L in Neighbourhood neighbourhood and local activity centres. It contains content and Local from existing policy. Centres Key policy sources: ▪ Clause 22.01 Neighbourhood Character.

14 15.01- Apartment This policy contains content from existing policy at Clause 2L Developments in 22.07. It sets out specific design requirements for apartment Moreland developments of five or more storeys. Key policy sources: ▪ Clause 22.07 Apartment Developments of Five or More Storeys.

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Clause Clause name Commentary no.

15 15.01- Neighbourhood This policy applies to minimal and incremental housing 5L Character change areas and seeks to ensure new housing development is designed to respect the character and context of surrounding development. Key policy sources: ▪ Clause 22.01 Neighbourhood Character.

16 15.01- Environmental This policy provides a framework for the early consideration of 2L Sustainability environmental sustainability at the building design stage. This policy has been translated from existing content. Key policy sources: ▪ Clause 22.08 Environmentally Sustainable Development.

17 15.01- Energy Efficiency This policy seeks to design buildings that maximise passive 2L in Moreland energy efficiency and have quality living and working environments. Key policy sources: ▪ Clause 21.03-2 Urban Design, Built Form and Landscape Design.

18 15.03- Heritage in This policy seeks to conserve and enhance Moreland’s 1L Moreland heritage places and protect them from inappropriate demolition, development or subdivision. The existing policy contains extensive application requirements. These have been relocated to the schedule to Clause 43.01 Heritage Overlay. Key policy sources: ▪ Clause 22.06 Heritage. Housing

19 16.01- Student This policy aims to encourage student accommodation that is 1L Accommodation appropriately located, designed to meet the needs of students and appropriately managed and operated to not adversely impact on surrounding properties. The existing policy includes extensive decision guidelines. These have been recast as strategies and policy guidelines where appropriate. Key policy sources: ▪ Clause 22.11 Student Accommodation.

20 16.01- Homes in This policy sets out the preferred locations for housing growth 2L Moreland and change within the municipality. Key policy sources: ▪ Clause 21.02-3 Strategic Direction 3: Housing. ▪ Clause 21.03-2 Land for Industry and Economic Regeneration. ▪ Clause 21.03-3 Housing. ▪ Clause 22.01 Neighbourhood Character.

21 16.01- Housing Diversity This policy seeks to encourage a diversity of housing to meet 3L different needs. Key policy sources: ▪ Clause 21.03-3 Housing.

22 16.01- Housing This policy seeks to deliver more affordable housing within the 4L Affordability in municipality. Moreland Key policy sources:

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Clause Clause name Commentary no. ▪ Clause 21.03-3 Housing.

Economic Development

23 17.01- Core Industry and This policy sets out objectives and strategies to support the 1L Employment continued operation of existing industry and encourage new Areas industry and complementary uses within Core Industry and Employment Areas identified within the Moreland Industrial Land Use Strategy 2015-2030 (MILS). Key policy sources: ▪ Clause 21.03-2 Land for Industry and Economic Regeneration.

24 17.01- Employment This policy seeks to support the transition from traditional 1L Areas industrial uses to a broader range of employment uses within Employment Areas identified within MILS. Key policy sources: ▪ Clause 21.03-2 Land for Industry and Economic Regeneration.

Transport

25 18.02- Sustainable This policy sets out to promote the use of sustainable 1L Transport in transport in Moreland. Moreland Key policy sources: ▪ Clause 22.03 Car and Bike Parking and Vehicle Access.

26 18.02- Car Parking in This policy seeks to promote the use of sustainable transport 4L Moreland through car parking provision. Key policy sources: ▪ Clause 22.03 Car and Bike Parking and Vehicle Access.

Infrastructure

27 19.01- Energy Supply in This policy sets out to facilitate the appropriate development 1L Moreland of energy supply infrastructure, focusing on energy supply at a precinct scale that is low emission and gas free technologies. The policy is based on existing content which has been revised to reference updated technologies. Key policy sources: ▪ Clause 21.03-5 Environmentally Sustainable Development.

28 19.02- Health Facilities This policy seeks to assist the integration of health facilities 1L in Moreland with local communities, identifying the Coburg Activity Centre as the location for a major heath facility. The policy is based on existing content. Key policy sources: ▪ Clause 21.03-7 Community Infrastructure.

29 19.02- Cultural Facilities This policy seeks to reinforce the existing cultural, 3L in Moreland entertainment and educational focus of the ‘Brunswick Civic & Cultural Precinct’ centred on the Brunswick Town Hall. It is based on existing content. Key policy sources: ▪ Clause 21.03-7 Community Infrastructure.

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30 19.02- Open Space This policy aims to establish, manage and improve the public 6L open space network in Moreland. Key policy sources: ▪ Clause 21.03-6 Open Space.

31 19.03- Water Supply, This policy encourages precinct scale integrated water 3L sewerage and management and recycling systems. drainage in It is based on existing content. Moreland Key policy sources: ▪ Clause 21.03-5 Environmentally Sustainable Development.

Schedule to particular provisions

32 52.28 Gaming This is a translation of existing policy at Clause 22.10. This policy will sit as a schedule to the Particular Provision at Clause 52.28 Gaming; rather than in the PPF. This policy discourages gaming machines in disadvantaged areas and seeks to ensure their location minimises risks and delivers a net community benefit. Key policy sources: ▪ Clause 22.10 Gaming.

Reference documents

33 72.08 Schedule to This contains a list of current background documents background referenced in the planning scheme. documents This is currently called “reference documents”, with each policy containing a list of reference documents at the end of each policy. The new PPF structure has changed the structure of local policy, with background documents only listed in Clause 72.08. Application of zones, overlays and provisions

34 74.01 Schedule to This lists the Application of Zones and Overlays in the Application of municipality in accordance with VC148. zones, overlays and provisions

Amendment C199 – Anomalies Amendment Amendment C199 proposes to correct several anomalies that have been identified throughout the Moreland Planning Scheme. The anomalies relate to minor technical and clerical errors, expired or duplicated clauses, outdated references and deleted Road Closure Overlays as described under regulation 8 of the Planning and Environment Regulations 2015 (the Regulations). Council has an obligation under the Act to review and update the planning scheme, and correcting these errors will assist in avoiding confusion for both the community and Council officers administering the scheme. A list of the errors and the changes required to the planning scheme are identified in Table 2 below. Amendment C199 is proposed to be processed via a prescribed amendment in accordance with section 20(A) of the Act. This enables the Minister to approve an Amendment without notification in accordance with sections 17,18 and 19 of the Act as Amendment C199 meets the requirements for a prescribed amendment under regulation 8 of the Regulations. DELWP has reviewed the proposed changes and confirmed the anomalies meet the requirements for a prescribed amendment.

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Table 2: List of anomalies

Affected Land Description of anomaly Change Proposed

Two parcels of land Land is affected by the Deletion of Road Closure Overlay from near Pentridge Road Closure Overlay. Planning Scheme Maps 9RXO and Boulevard and Oriley The land is now closed, 12RXO. Road, Coburg and the overlay is no longer required.

14-22 Gaffney Street, Built form controls for Update Design and Development Coburg North. the site references old Schedule 16 to: residential zones and ▪ Update Residential 1 Zone outdated Council reference to General Residential strategies. Zone. ▪ Update reference for the ‘Moreland Industrial Land Use Strategy, Hansen Partnership, National Economics, August 2004’ to ‘Moreland Industrial Strategy 2015- 2030 (Moreland City Council, July 2016). ▪ Delete reference to the ‘Draft Moreland Higher Density Design Code, Moreland City Council, June 2012’ as superseded by Clause 22.07 – Apartment Developments of Five or More Storeys (note now 15.01-2L Apartment Developments in Moreland in the new PPF).

Former Brunswick Built form controls Update Development Plan Overlay Secondary College, incorrectly reference the Schedule 9 to remove reference to ‘400 corner of address of the former Victoria Street, Brunswick’ and replace Gardiner/Victoria and school as 400 Victoria it with ‘Former Brunswick Secondary Albert Streets, Street, Brunswick. College’. Brunswick.

Portion of Lygon Street This portion of Lygon Rezone northern portion of this section to the south of Street is incorrectly of Lygon Street to Commercial 1 Zone Brunswick Road, zoned Road Zone 1. and the southern portion to Public Park Brunswick and north of This is inconsistent with and Recreation Zone on Planning Map Park Street, Carlton the remainder of Lygon 15 (zoning will be consistent with zones North. Street in Moreland or to east and west of Lygon Street in this Yarra which is not zoned location). Road Zone.

35 Harrison Street, Site is affected by the Apply HO90 to the portion of the site Brunswick East HO apart from a 9.5m currently not affected by the HO. strip to the north.

▪ Sewell Reserve (33 These sites are currently Apply SCO1 to the sites. SCO1 relates Glenroy Road, affected by Specific to ‘Signage on Sports Grounds, June Glenroy). Controls Overlay – 2019.’ This is the incorporated plan that Schedule 2 (SCO2). was introduced through Amendment ▪ CB Smith Reserve This is incorrect as C169 to the Moreland Planning (79 Jukes Road, SCO2 does not exist as Scheme and applies to all sports Fawkner). a schedule. grounds through the municipality. ▪ Hosken Reserve Planning scheme maps to be amended: (39A Shorts Road, Coburg North). ▪ Part 4SCO.

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Affected Land Description of anomaly Change Proposed ▪ Bridges Reserve ▪ Part 5SCO. (19-21 Harding ▪ 8SCO. Street, Coburg). ▪ Part 11SCO. ▪ Campbell Reserve (11-49 Moreland ▪ Part 12SCO. Road, Coburg). ▪ 14SCO. ▪ AG Gillon Oval (133A Hope 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. The translation of the LPPF into the new PPF structure and rectification of the anomalies set out in Table 2 does not limit or interfere with any Human Rights, in particular ‘Section 20’ – property rights. The changes to the Moreland Planning Scheme are policy neutral, meaning that there are no changes that would place additional limitations on the ability to use or develop land. 4. Consultation Exemptions from notification requirements are proposed for both Amendments. Exemptions from notification are considered appropriate as the changes proposed as part of Amendment C200 are policy neutral and translate existing content to the new PPF format established by DELWP. Exemption from the notification requirements for Amendment C199 are also appropriate as the proposed changes rectify current anomalies and will provide greater clarity for future decision making. It is intended that a further planning scheme amendment will be sought in early 2021 which introduces new content into the PPF and corrections that are not minor in nature. These changes will not be not policy neutral and will require public consultation. Internal consultation has occurred with Economic Development, City Development, City Change, City Strategy and Design (Urban Design and Strategy and Research) and Open Space and Cleansing (Open Space Design and Development). 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 Administrative costs associated with the processing of Amendments C199 and C200 will be met by the 2020-2021 budget allocation for the Strategic Planning Unit. 7. Implementation Subject to Council’s decision, the next steps for Amendments C199 and C200 are: • Request the Minister for Planning uses his powers of intervention to prepare, adopt and approve both Amendment C199 and C200 – August 2020. • The Minister for Planning approves and gazettes the Amendments – subject to the Ministers approval timelines.

Attachment/s 1⇩ List of Policies in PPF Structure D20/296459

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2⇩ Proposed MPS & PPF D20/303475 3⇩ C199 Explanatory Report D20/296494

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DCF34/20 AMENDMENT C190 - BETTER OUTCOMES FOR TWO DWELLINGS ON A LOT - DECISION GATEWAY 2 - CONSIDERATION OF SUBMISSIONS AND REQUEST A PANEL (D20/280476) Director City Futures City Strategy and Design

Executive Summary Amendment C190 proposes to introduce a new class of application into the VicSmart provisions in the Neighbourhood Residential Zone and General Residential Zone of the Moreland Planning Scheme. Planning scheme compliant, enhanced quality, two dwelling on a lot applications would be processed within the VicSmart application stream if the specific requirements are met. These requirements would improve the quality of two dwelling on a lot developments by establishing a more straight forward planning assessment process for proposals which deliver good quality outcomes. Amendment C190 was exhibited from 28 May 2020 to 17 July 2020. 15 submissions were received. Seven submissions support the amendment and six do not support some aspects of the amendment. Two submissions raise queries. Key matters raised in submissions relate to the proposed process change, housing affordability, neighbourhood character, liveable housing, Environmentally Sustainable Design, crossovers and garages, legislative requirements and notice of the amendment. Attachment 1 provides a summary of all the submissions, including details of the Council officer response. This report recommends no changes to the exhibited Amendment C190 documentation as detailed in Attachment 2 and that Council refers all submissions to an independent Planning Panel for consideration.

Officer Recommendation That Council: 1. Using its powers as a Planning Authority under section 23 of the Planning and Environment 1987, requests that the Minister for Planning appoints an independent Panel to consider all submissions to Moreland Planning Scheme Amendment C190. 2. Endorses the response to submissions as set out in Attachment 1 to this report, to form the basis of Council’s submission to an independent Planning Panel. 3. Notes that the recommended form of the Amendment C190 documents to be presented to the independent Panel remain unchanged as set out in Attachment 2 to this report. 4. Refers any late submissions to the independent Panel as appointed by the Minister for Planning. 5. Authorises the Director City Futures to make minor changes to Moreland Planning Scheme Amendment C190 and to give direction on issues which arise in the course of the independent Panel hearing in response to expert evidence and submissions if required, so long as any further changes are generally in accordance with previously endorsed Council positions and the intent of Amendment C190.

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REPORT

1. Policy Context The policy context for Amendment C190 (the Amendment) was reported to Council at the 12 June 2019 Council meeting (DCF40/19). One of the key priorities in the Council Plan 2017-21 is to enhance liveability, affordability and sustainability by guiding growth, and excellence in urban design and development. Council Plan Item P1f) Design Excellence Process Improvement, is to consider development of a policy to fast-track planning permit applications demonstrating design excellence. Council Action Plan (CAP) Item 35 delivered the Medium Density Housing Review, adopted by Council in October 2018. Building on the work to improve apartment development, the Medium Density Housing Review considered the quality of townhouse and unit development within Moreland and made recommendations on how it can be improved. Better Outcomes for Two Dwellings on a Lot (a review of dual occupancy development in Moreland) is a further outcome of CAP item 35 and implements the Medium Density Housing Review finding in relation to two dwelling on a lot applications. 2. Background Council resolved (DED63/18) as part of the adoption of the Medium Density Housing Review to undertake actions outlined in the review to improve medium density housing, including undertaking further work to investigate ways to incentivise applicants to design fully compliant and improved quality lower density development in 2018/2019. Amendment C190 - Better Outcomes for Two Dwellings on a Lot (a review of dual occupancy development in Moreland) responds to this resolution. Moreland receives more than twice the metropolitan average number of medium density planning permit applications and 40 per cent of these applications are for two dwellings on a lot. It is a development type where typically, compliance with Rescode standards is very high. Medium density housing (units and townhouses) contributes to the range of housing options to suit different budgets and lifestyle needs. At present, 35 per cent of Moreland’s households live in medium density units and townhouses. This is forecast to grow to 51 per cent by 2036. Half of all recently approved two dwelling on a lot development in Moreland is the side- by-side type. With this typology both dwellings front the street and have their own sense of address, reminiscent of older terrace and semi-detached housing common in parts of Moreland. 80 percent of two dwellings on a lot development in Moreland occurs in the northern suburbs, where lot sizes are generally larger, and they are less constrained. Subject to meeting detailed design requirements, two dwellings on a lot housing is permitted in all residential zones across Victoria. Reimagining the process to improve the outcomes Present state: • The quality of applications received in Moreland is generally quite low; • The time and possibility of VCAT encourages applicants to seek greater yield; • Significant Council staff and neighbour time and energy is expended negotiating applications into being ‘acceptable’;

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• The process often leaves objectors dissatisfied. Future state: • Encourages upfront full compliance for faster and more certain process; • Frontloads the process to empower applicants to provide quality design; • Make more effective use of everyone’s time and emotional energy; • Improves the quality of applications at the outset; • Improves the quality of housing (assessible, Environmentally Sustainable Design (ESD) performance); • Redirects resources to things that make a difference. Amendment C190 The Amendment proposes to amend the Neighbourhood Residential Zone and General Residential Zone of the Moreland Planning Scheme to introduce a new class of application into the VicSmart provisions. Planning scheme compliant, enhanced quality, two dwellings on a lot applications would be processed within the VicSmart application stream if the following requirements are met: • Building height, garden area and landscaping: All numerical standards relating to building height, garden area and canopy tree planning must be met; • Site layout and building massing: All numerical standards relating to street setback, site coverage, permeability and width of accessways and car spaces must be met; • Amenity impacts: All numerical standards relating to side and rear setbacks, walls on boundaries, daylight to existing windows, solar access to existing north- facing habitable room windows, overshadowing of open space and overlooking must be met; • On-site amenity and facilities: All numerical standards relating internal views, daylight to new windows, private open space, solar access to open space, storage and front fences must be met; • Car parking: Numerical standards relating to the number of car parking spaces must be met. In addition, requirements have been included to reduce the dominance of crossovers and car parking from the street. These requirements ensure the retention of street trees, tree planting within the front setback and on street car parking between driveways. • Standards for accessibility and ESD. By requiring development to adhere to all standards, it will be of high quality. If any of the requirements are sought to be varied, the application will be processed via the standard planning application process with public notice and VCAT review rights applicable. This action guarantees better outcomes, for both those who live in this housing, and the broader Moreland community, whilst at the same time making more effective use of resources. The key features of the VicSmart stream include a 10-day permit process and applications are exempt from notice and objector appeals of Council’s decision at the Victorian Civil and Administrative Tribunal (VCAT). Benefits of the more straight forward process Two dwelling on a lot development that complies with all relevant numerical standards of the planning scheme achieves high quality outcomes for both those who live in this

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housing, and the broader Moreland community. The benefits of the straight forward assessment process are: • Better quality housing for the Moreland community; • Improved customer service and certainty for landowners, developers and the community; • All requirements proposed in the Amendment are mandatory rather than discretionary; • Mandatory requirements mean Council’s decision cannot be overruled; • Compliant, quality two dwelling development, upfront with no debate; • Canopy trees, disability access and ESD designed upfront rather than through requests for further information; • Better ESD outcomes due to the inclusion of ESD as a requirement in criteria; • Better housing accessibility due to a requirement for certification from Livable Housing Australia; • Lengthy application processes add to the cost of housing and these costs are passed on to purchasers and their tenants. The proposed change in process has the potential to reduce the cost of housing or allow this budget to be spent on design features which improve housing quality. By requiring full compliance with requirements to qualify for this application stream, Council can secure these outcomes for the community without the time and expense for all parties associated with seeking improved compliance via objections or expensive VCAT reviews. The provisions of the Amendment would apply only to two dwelling on a lot proposals that are fully compliant with the numerical standards of the planning scheme set out earlier in this report, and which meet specified criteria. All other medium density applications, and two dwellings on a lot with Rescode and car parking variations, would undergo the normal process of notification. Benefits for the quality of two dwelling on a lot housing Side by side dual occupancies The Amendment won’t prevent the development of land for a side by side dual occupancy. It will ensure a high-quality outcome with requirements included to: • Reduce the dominance of crossovers and garages; • Retain street trees or allow space for planting of street trees; • Allow space for canopy tree planting in front setback; • Leave space for parking of one car on the street between the crossovers. Canopy trees The canopy tree planting requirements in zone schedules, proposed by the recently endorsed C189 amendment (now awaiting Ministerial approval), become mandatory. These requirements ensure canopy trees are included in the design of new dwellings and that there is enough space for new canopy trees to be able to grow. This implements the vision and actions of the Moreland Urban Forest Strategy, Moreland Urban Heat Island Action Plan and Medium Density Housing Review by increasing tree canopy cover in new development to improve the thermal comfort of new dwellings and enhancing landscape character for the broader Moreland community.

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Accessible housing The required, Silver Livable Housing Australia standard, introduced by the Amendment ensures that homes are easier to access, navigate and live in for families with young children, people who sustain a temporary injury, ageing people and people with disability and their families. Livable Housing is designed to meet the needs of all people. This requirement will increase the supply of accessible housing in accordance with Moreland’s MSS and Disability Access and Inclusion and Living and Ageing Well plans. Environmental sustainability Amendment C190 introduces mandatory compliance with the ESD policy at Clause 22.08 of the Moreland Planning Scheme. There is currently significant effort required to seek to negotiate acceptable ESD outcomes, with negotiation within application processes taking an average of 40 days at present. The Amendment application requirements propose pre-certification by Council’s Sustainable Built Environment Unit. Along with all Rescode standards and car parking requirements, these requirements are mandatory. 3. Issues The Amendment was exhibited from 28 May 2020 to 17 July 2020. 15 submissions were received. Seven submissions support the Amendment and six do not support some aspects of the Amendment. Two submissions raise queries. Key matters raised in submissions are outlined in the section below. Process change Seven submissions support the proposed process change. These submissions congratulate Council for its leadership, strategic foresight, the manner in which it has addressed the important issues associated with increasing dwelling supply in Moreland and commend Council for this initiative and for the approach taken in the Amendment. They highlight that once again Moreland is the thought-leader in pioneering changes to support and deliver high quality housing outcomes, using the planning system to incentivise housing in the right locations and remove many of the debates that clog up the system. These submissions describe the provisions within the Amendment as very beneficial and a real step forward for the City of Moreland and planning in Victoria. They observe that the benefits of a prescriptive planning control are clear, as the certainty it brings to the process will be of great benefit to those who wish to redevelop their land holdings and that the benefits to Council resources, VCAT and the community are also evident. Five submissions do not support the exemption from notice and objector appeals within the VicSmart process. In summary these submissions argue that the Amendment will reduce the voice of residents and therefore reduce the quality of development. One submission mentioned that removal of notice requirements will mean that residents won’t be aware that a development will occur next door to them and one mentioned that the exemption from notice and objector appeals is contrary to human rights. Council officer response In order to understand the voice of residents, The Better Outcomes for Two Dwellings on a Lot review included extensive analysis of objections to applications for two dwellings on a lot to ensure a VicSmart process would take into account those matters which are important to neighbours.

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50 percent of two dwelling on a lot applications attract objections, but only one in 10 two dwelling on a lot applications is changed as a result of giving notice. Any changes made are almost always very minor in nature and typically involve a ruler length in difference in some aspect of the building envelope. This is a very low return on the investment of time and energy put into objections and VCAT appeals by neighbours. Conversely, requiring applicants to meet numerical standards regarding building envelope in a VicSmart process is not a significant impost on applicants and responds to concerns that are often raised by objectors. The planning system which includes circumstances where there are third party notice and review rights, and circumstances which are exempt from third party notice and review, are a long-established part of government regulation of land use and development in Victoria. Council’s adopted Community Engagement and Public Participation Policy, developed with significant community input, confirms engagement should be purposeful and meaningful. Under the current process, detailed analysis has found that consultation on applications for two dwellings on a lot is not substantially changing the outcome. The proposed VicSmart process removes steps which don’t add value for any sector of the community and builds in mandatory requirements to ensure compliance with building envelope standards which are often the subject of objector’s concerns. In the 10 years since 2010 there have been only 13 objector appeals relating to a two dwelling on a lot applications for the whole of Moreland. The objector appeal rate is less than one per cent. In all instances where an objector appealed to VCAT against Council’s support of a dual occupancy application, VCAT supported Council’s decision and directed that a permit issue. None of the two dwelling on a lot applications over the past 10 years which were the subject of a section 82 objector appeal, fully met the Rescode standards and car parking requirements. That is, none of these applications would meet the mandatory requirements proposed within the Amendment. As such, in all cases these applications would be subject to the usual third-party notice and review process and importantly, residents would be participating in an application process where proposed variations to planning scheme have the potential to have an amenity impact on them. The way in which the Amendment will deliver improved quality of development has been addressed earlier in this report. A detailed human rights assessment has been undertaken and more detail is provided later in this report. Attachment 1 to this report outlines that public notice and appeal rights for planning permit applications is not a relevant consideration to Section 18 (Entitlement to participate in public life (including voting)) of Victorian Charter of Human Rights and Responsibilities Act 2006. One of the submissions that raises this issue relates to a street within a heritage precinct. The Amendment is not applicable in Heritage Overlay areas. As such the Amendment will have no effect on this submitter’s rights. Housing affordability One submission highlights that many elderly people live in the municipality and it is believed, given rising house prices, the amendment will assist with a cheaper, affordable and efficient way for the elderly to downsize in place and within their community, enabling younger families to purchase vacated family homes. Council officer response Homes for Victorians, the State Government housing plan contains an objective to Streamline planning approvals to reduce costs and uncertainty for developers and target around a four month supply of lots on the market. It states:

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‘Planning uncertainty, as well as the time and costs of obtaining planning approval, limit the supply of available new homes and, in doing so, drive up prices. Unnecessarily slow approvals by councils and utilities delay developers and also drive up costs. Smarter planning and faster approval is a win-win for developers and home buyers alike and ensures more competitive pressure on prices.’ Facilitating low density urban infill assists in providing homes for Moreland’s growing and changing population and adds to dwelling diversity. Lengthy application processes add to the cost of housing and these costs are passed on to purchasers and their tenants. Removing process steps has the potential to reduce the cost of housing or allow this budget to be spent on design features which improve housing quality. The housing vision within the Moreland Municipal Strategic Statement is that Council will facilitate housing development to meet the needs of the growing and diverse population, including providing a range of housing sizes and types to accommodate a diversity of household sizes and have regard to housing affordability Liveable housing Three submissions discuss the inclusion of a requirement within the amendment for housing which meets the Liveable Housing Australia Design Guidelines. One submission is supportive and two do not support the proposed requirement. Council officer response Twenty five percent of Moreland’s population is aged over 55. The vision in Council’s Living and Ageing Well in Moreland Framework (the Framework) maintains that the current and future housing needs of older people are considered. This includes encouraging the design of dwellings to meet the needs of people with limited mobility and increase the supply of housing that is visitable and adaptable to meet the needs of different sectors of the community. The Framework identifies that housing security is becoming a more significant issue in Moreland, particularly for older women. Research has shown that lower income older single women, who are currently private tenants with little savings or superannuation funds, are more vulnerable to homelessness than men. Council’s Disability Access and Inclusion Plan identifies that almost a quarter of Moreland residents identify as having disability. Six per cent require daily help with core tasks and one person in ten provides unpaid care to an older person or someone with disability. It states that every day people with a disability and their families and carers face significant barriers, including barriers to housing. The housing vision within the Moreland Municipal Strategic Statement is that Council will facilitate housing development to meet the needs of the diverse population, including housing designed to be visitable by people with limited mobility, and adaptable for residents with specific accessibility requirements. As well as facilitating diverse housing choices, the mandatory requirements proposed by the Amendment include compliance with the Liveable Housing Australia Design Guidelines which ensure that a home is easier to access, navigate and live in for families with young children, people who sustain a temporary injury, ageing people and people with disability and their families. Neighbourhood character Two submissions raise queries about how the Amendment will alter consideration of neighbourhood character.

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Council officer response The requirement for a design response to explain how the proposed design responds to the neighbourhood character of the area is unchanged by the Amendment. Consideration of all existing neighbourhood character objectives, policies and statements within the scheme is unchanged by the Amendment. Proposed requirements for new crossovers and garages Four submissions welcome the certainty provided for side-by-side two dwelling on a lot development types or make comment on matters of detail on the proposed requirements for new crossovers and garages. In relation to the detail of the proposed requirements for new crossovers and garages, submitters discuss whether the nature of the prescriptive requirements may mean that the lots that might be able to take a benefit of these provisions are potentially limited, particularly in relation to narrow lots. Council officer response The requirements for crossovers relate to typologies that necessitate two crossovers to a street frontage, including side by side development. Half of all recently approved two dwelling on a lot development in Moreland is the side by side type. The proposed requirements vary the current policy guideline at Clause 22.03, which discourages more than one crossover. These requirements aim to enable two crossovers to a street frontage whilst seeking to reduce the dominance of crossovers and garages, retain street trees and allow space for planting of new street trees, allow space for canopy tree planting in front setbacks and leave space for parking of one car on the street between the crossovers. 80 percent of two dwelling on a lot development in Moreland occurs in the northern suburbs, where lot sizes are generally wider. Lots in the northern suburbs of Moreland are comparatively large and wide (typically 600 plus square metres and 15 to 17 metres wide). Almost all sites would meet the proposed requirements, just as they do at present. In the southern suburbs of Moreland lots are comparatively smaller and narrower and there is more widespread application of the Heritage Overlay, but the number of two dwelling on a lot applications in the south is low. In 2019 there were only 25 applications for two dwellings on a lot in Brunswick West, Brunswick and Brunswick East. Rescode variations and car parking reductions in the south are more common. 40 percent of two on a lot applications in the south do not meet all Rescode and parking criteria so in effect, 10 applications per year in the south would not benefit from the proposed provisions. The specific requirements within the Amendment are based on extensive case study analysis of approved development, including analysis of lot widths and the attributes of crossovers and garages in approved side by side developments. The parts of Moreland where lots are typically narrower, are the suburbs where a minority of two dwelling on a lot development occurs as these lots are not only narrower, they are also smaller in area. Case study analysis also revealed that laneways are more prevalent throughout the southern suburbs and side by side two dwelling on a lot development most commonly provides access to car parking for one or both dwellings from the rear. The case study analysis of approved side by side two dwelling on a lot developments showed that only six per cent of applications of this type would not be able to meet the requirements for new crossovers and driveways. Two thirds of the applications which would not meet these requirements, also varied amenity standards of Rescode and/or the car parking requirements of Clause 52.06, and as such it is not the requirements for new crossovers and driveways alone which would disqualify these applications from the VicSmart application stream.

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More broadly, extensive case study analysis concluded that at least 85 per cent of approved two dwelling on a lot developments in Moreland do, or could readily meet all requirements proposed by the Amendment. The requirements have been carefully calibrated to optimise the number of lots that will be able to benefit, whilst improving the quality of two dwelling on a lot developments for the Moreland community. ESD Three submissions discuss the ESD requirement within the amendment or raise queries about how the amendment will alter the process for consideration of ESD. Council officer response The provisions within the Amendment reflect the environmental performance of two dwelling on a lot development which is being delivered by existing policy requirements contained within Clause 22.08 of the Moreland Planning Scheme. If environmentally sustainable design is not considered at the time of planning approval, the ability to achieve environmentally sustainable development may be compromised by the time these matters are considered as part of a building approval. The information requirements proposed by the Amendment in the Schedule to Clause 59.16 require the applicant to have the Sustainable Design Assessment (SDA) certified by Moreland City Council prior to lodgement of the application. This frontloads the process to empower applicants. This is the same process that is already in place across Victoria for VicSmart applications under a Special Building Overlay, where Clause 59.08 requires an application to be accompanied by written advice from Melbourne Water, rather than this referral occurring after the application is lodged. Legislative requirements One of the submissions raised matters regarding various legislative requirements. The key matters raised are addressed in the information below. Council officer response The implications of the Amendment and officer report have been assessed in accordance with the requirements of the Victorian Charter of Human Rights and Responsibilities. The change in the planning permit application process and the specific standards within this amendment do not limit or interfere with any Human Rights. A positive aspect of the Amendment is that it proposes to introduce the requirement to meet Silver Level of performance under the Liveable Housing Australia, Liveable Housing Design Guidelines for two dwelling on a lot applications in the VicSmart stream, which would increase the supply of housing that is easier to access, navigate and live in, as well more cost effective to adapt, when life’s circumstances change. With respect to Privacy legislation, natural justice and transparency are important parts of the Planning Scheme Amendment process. Under section 21(2) of the Planning and Environment Act 1987, Council must make all submissions to an Amendment available to view by any person at its offices for a period of two months after the Amendment is gazetted or lapses. This includes all personal names, telephone and address details, unless specifically requested to be deleted prior to the submission being made publicly available. Advice has been obtained about how to fulfil this requirement in a manner which is compatible with Privacy legislation, and information which is consistent with this advice is included on the notice, the information sheet, council’s website and on letters acknowledging submissions.

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Council makes all submissions available to view online on its website during the Planning Scheme Amendment process. All submissions made available online are redacted to remove personal names, telephone and address details. Submissions are removed from the website once the Amendment is finalised. Notice of the amendment Two submissions discuss notice of the Amendment. One discusses notice in newspapers and the other raises concern that they were not notified of the Amendment. Council officer response Section 19(1C)(2) of the Planning and Environment Act 1987 provides that a planning authority must publish a notice of any amendment it prepares in a newspaper generally circulating in the area to which the amendment applies. Notice was given in the Saturday edition of The Age and Herald Sun newspapers. Both The Age and the Herald Sun are newspapers circulating in Moreland. Previously such notice has been given in The Leader newspaper. The Leader is no longer published in print in most parts of Melbourne, including Moreland. Advice was sought regarding notice to ensure the requirements of the Act were met. Publication of a notice in either The Age or the Herald Sun, on any day of the week, fulfils the requirement under Section 19(1C)(2). Notice was given in both papers and notice was placed in Saturday editions as they are the most widely read. In addition, the Amendment was publicised in the Moreland City Council Community Update, a hard copy publication distributed to every property in June 2020. This included the offer to post hard copy documents to people who do not have internet access. Human Rights Consideration A Human Rights Assessment was undertaken by the Community Development and Social Policy team (refer Attachment 3). 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. This Assessment had regard to Victorian Charter of Human Rights and Responsibilities Act 2006, the Human Rights Charter Guidelines and the Moreland Human Rights Policy, which is aligned with the Act. The Assessment concluded that the change in planning permit application process and the specific standards within this amendment do not limit or interfere with any Human Rights. Specific reference to a suggestion that Section 18 of the Charter would not be met as a consequence of there being no third-party rights was made in a submission. Section 18 provides for the entitlement to participate in public life (including voting), and the Guidelines state that Section 18 needs to be considered in assessing legislation, a policy or a program where it: • limits the ability of a category of individuals to take part in municipal and parliamentary elections; • requires individuals to meet certain conditions in order to be eligible to participate in municipal and parliamentary elections; • regulates how individuals vote in elections (for example, the method of voting); • regulates access to employment in the public service or appointment to public office; • establishes requirements for membership of public bodies; • regulates the conduct of elections and the electoral process; • regulates the suspension and conduct of local government;

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• regulates the suspension and removal of statutory office holders. The right to have a say about an application within a statutory process is not a human right. The planning system, which includes circumstances where there are third party notice and review rights, and circumstances which are exempt from third party notice and review, are a long-established part of government regulation of land use and development in Victoria and do not constitute a breach of the Victorian Charter of Human Rights. 4. Consultation Extensive consultation was undertaken as part of the Medium Density Housing Review, including: • Quality Development Roundtable of academics and design professionals; • Two Quality Urban Development Community Workshops, one in the south of the municipality and one in the north, with surveys completed by workshop participants – significant community feedback about desire to improve the quality of medium density infill; • Interviews with Architects and Designers who are regular medium density permit applicants; • Medium Density Housing Occupant Survey; • Moreland Good Design Sessions; • Individual meetings with industry professionals such as Planners, Architects, Developers, Builders, Engineers, ESD consultants, Access consultants and academics; • Consultation with Council’s Environment and Housing community advisory committees. The Amendment was publicly exhibited from 28 May 2020 to 17 July 2020. Consultation was carried out in accordance with the Consultation Strategy attached to the 12 June 2019 Council report. The social distancing restrictions have impacted Council’s ability to undertake engagement through some of the usual approaches. As a consequence, Council officers have adjusted their approach to community consultation on this matter. Modifications during the COVID-19 closure of Council’s customer service centres and libraries included: • Amendment exhibited for seven weeks, rather than one month; • In addition to sending notice by mail, where email addresses were publicly available, notice was also sent by email in case post was not being collected from business addresses during work from home office closures; • More information was posted with the direct notice by mail than would normally be included, including the Amendment documentation being sent out with notice; • Notice in the Saturday edition of The Age and Herald Sun. Saturday editions are the most widely purchased. Local papers are no longer published in print and were not published at all during COVID-19 restrictions except for the real estate section; • One on one meetings were held via teleconference; • The Amendment was publicised in the Moreland City Council Community Update, a hard copy publication distributed to every property. This included the offer to post hard copy documents to people who do not have internet access. Exhibition was supported by direct notification to:

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• Prescribed Ministers and referral authorities; • Resident groups; • Regular medium density planning permit applicants; • Planning consultants, local architects and drafting companies; • Social Housing agencies; • Real estate agents; • ESD consultants; • Accessible housing consultants. In addition to the established process of including a language link on letters and information sheets, the letter sent to the above stakeholders included specific content in the five languages other than English most commonly spoken by the Moreland community. The documents on the website were in PDF format. Information was included for those who have trouble opening or viewing a PDF document that information could be provided in a format that suits their needs with reference to Council's accessibility page. 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 administer this amendment are being met within the 2020-21 financial year operating budget and current resources of the City Strategy and Design Branch. 7. Implementation The following anticipated timeline for the Amendment is broken down into the key decision gateways. The timeframe is subject to Ministerial approval timelines and Panel timing. Decision Gateway 1: Authorisation and Exhibition (Completed) Decision Gateway 2: Submission review and referral to a Panel • August 2020: Consider submissions and seek Ministers appointment of Panel; • September 2020: Panel Directions Hearing; • October 2020: Panel Hearing; • November/December 2020: Panel Report is released to Council. Decision Gateway 3: Review Panel report and final decision • February 2021: Report on the Panel’s recommendations and make a decision on the final version of the Amendment; • February 2021: Submit the Amendment to the Minister of Planning for approval. Attachment/s 1⇩ C190 – Summary of Submissions - Decision Gateway 2 D20/205249 2⇩ Moreland C190 more Exhibition ~ Schedules to Clauses 59.15 and D20/298963 59.16 Decision Gateway 2 3⇩ C190 Human Rights Assessment D20/225130

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DCF35/20 AMENDMENT C208 - MORELAND HERITAGE NOMINATIONS STUDY - GATEWAY 1 - AUTHORISATION AND EXHIBITION (D20/218977) Director City Futures City Strategy and Design

Executive Summary Council has a strong commitment to conserving the rich cultural heritage of the City. Heritage places and spaces form an important part of the municipality’s identity and character, with the Moreland Heritage Action Plan 2017 (HAP) providing a clear framework for Council in identifying, managing, protecting and celebrating our city’s heritage. In accordance with the HAP, the Moreland Heritage Nominations Study 2020 investigated the heritage significance of those places nominated by the public in 2016. This study which can be viewed in full at Attachment 1 and 2 (published under separate cover to the agenda due to their size) has identified approximately 340 places as meeting the threshold for local heritage significance. This report seeks Council’s endorsement of the Moreland Heritage Nominations Study 2020, and to commence a process to amend the Moreland Planning Scheme to implement the findings of the study, summarised as: • Apply the Heritage Overlay to 46 individually significant places, one serial listing, seven new heritage precincts and extensions to three existing heritage precincts; • Modify the significance of five places within one precinct from contributory to individual significance; • Delete four existing individual heritage overlays relating to places that will form part of the new serial listing; • Modify 10 existing references in the heritage overlay to include the new serial listing and two new individual significant places; • Rectify anomalies with the mapping of the existing Heritage Overlay; • Amend the Moreland Heritage Exemptions Incorporated Plan to include maps of the new precincts and precinct extensions; • Amend Clause 22.06 (Heritage) of the Moreland Planning Scheme to make reference to the Moreland Heritage Nominations Study 2020 and reference the updated Moreland Heritage Exemptions Incorporated Plan 2020; and • Amend Clause 43.01 (Heritage Overlay - Schedule) to include all new places and modify others to align with recommendations of the study. Interim heritage controls (via Amendment C207) will be sought concurrently with permanent heritage controls (via Amendment C208) for all sites in a ‘blanket’ manner while the Planning Scheme Amendment is under consideration. This is consistent with current preferred interim protection practices outlined by the Minister for Planning. The permanent Amendment will also include the property at 151A Lygon Street, Brunswick which currently has interim controls applied as part of a previous Amendment. Permanent heritage controls were sought as part of C174 Part 2 however it is appropriate to include the property in this Amendment rather than prepare a separate Amendment for an individual property. This report therefore recommends that Council abandons C174 Part 2.

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Officer Recommendation That Council: 1. Endorses the report Moreland Nominations Study 2020 at Attachments 1 and 2 to this report, as a reference document listed in Clause 22.06 – Heritage. This report outlines the rationale and evidence which underpins the proposed planning scheme changes. 2. Requests that the Minister for Planning prepare, adopt and approve prescribed Moreland Planning Scheme Amendment C207 (interim heritage controls) pursuant to section 20A of the Planning and Environment Act 1987 as shown in Attachments 3 and 4 to this report. 3. 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 C208 (permanent heritage controls) as shown in Attachments 5 and 6 to this report. 4. Following receipt of the Minister’s Authorisation, exhibits Amendment C208 in accordance with Section 19 of the Planning and Environment Act 1987 and as outlined in the consultation section of this report. 5. Authorises the Director City Futures to make changes to Amendment C208 based on conditions imposed in any Authorisation granted by the Minister for Planning and to make minor changes. 6. Using its powers as a planning authority under Sections 23 and 28 of the Planning and Environment Act 1987, abandons Moreland Planning Scheme Amendment C174 Part 2. 7. Writes to the Minister for Planning advising of Council’s decision to abandon Moreland Planning Scheme Amendment C174 Part 2.

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REPORT

1. Policy Context Council Action Plan The Council Action Plan identifies the following deliverable under ‘Key Priority 1’ to ‘Enhance liveability, affordability and sustainability by guiding growth, and excellence in urban design and development’: • Deliverable: P1n) Protect Moreland's Heritage - via implementation of the Heritage Action Plan Heritage Action Plan The Moreland Heritage Action Plan 2017-32 (HAP) identifies heritage actions which are already underway and sets out the parameters for further identification, conservation and management of the city’s heritage. Of relevance to this Amendment are the following actions: • Action K5 - Commission heritage expert assistance to undertake a preliminary assessment of the potential heritage places identified as part of the public nomination process held in 2016. • Action K14 - Commission heritage expert assistance to undertake a heritage study of Pre-War and Post War Modern architectural style heritage places identified as part of the public nomination process held 2016 (this action is based on the outcomes of the Preliminary Assessment as per Action K5). Note two studies may be prepared i.e. Pre-War and Post War. • Action P3 – Prepare a planning scheme amendment to introduce the places identified and assessed as part of the Pre-War and Post War Modern architectural style Heritage Study(s) (aligned with Actions K5 and K14) into the Moreland Planning Scheme, via application of the Heritage Overlay. An update of the City of Moreland Thematic History is currently underway and on completion will fulfil Action K12 of the HAP: • Action K12 – Update the City of Moreland Thematic History by simplifying some of the major themes and improving the current structure of Theme 6: Building Moreland’s Houses and Theme 9 Shopping and Retailing in Moreland. Planning and Environment Act 1987 The Planning and Environment Act 1987 outlines the objectives of planning in Victoria. Councils have a duty under section 12(1)(a) to implement these objectives. Specific to heritage, these include objectives to: Provide for the fair, orderly, economic and sustainable use, and development of land. Conserve and enhance those buildings, areas and other places which are of scientific, aesthetic, architectural or historical interest, or otherwise of special cultural value. Council therefore has an obligation to manage its local heritage and subsequently is required to undertake the relevant research to identify properties which hold local significance. Moreland Planning Scheme Clause 21 - Municipal Strategic Statement (MSS) The Municipal Strategic Statement recognises the importance of Moreland’s heritage places with the key objective at Clause 21.03-4: To ensure development responds and contributes to its context and any relevant heritage significance The MSS also includes strategies in managing heritage places, including:

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• Ensuring the conservation and enhancement of heritage places; and • Encouraging the re-use of heritage buildings for suitable industrial or business uses rather than residential uses. The MSS seeks to implement the objectives and strategies by applying the Heritage Overlay (HO) to places of recognised State or Local Heritage Significance. Clause 22.06 - Heritage Moreland’s Local Heritage Policy at Clause 22.06 guides the development of properties in the Heritage Overlay (HO), and applies to all land covered by a HO. The policy notes that the protection and management of Moreland’s range of heritage assets helps our understanding of the past, enriches the present and will be of value to future generations. Clause 43.01 - Heritage Overlay (HO) The HO of the Moreland Planning Scheme currently provides statutory controls that protect places identified as being of State and local significance within the municipal boundaries of Moreland. The purpose of the Heritage Overlay is to: • Conserve and enhance heritage places of natural or cultural significance. • Conserve and enhance those elements which contribute to the significance of heritage places. • Ensure that development does not adversely affect the significance of heritage places. • Conserve heritage places by allowing a use that would otherwise be prohibited if it assists with the conservation of the place. 2. Background Moreland Heritage Gap Study and Planning Scheme Amendment C174 In 2018, a Moreland Heritage Gap Study (MHGS) was undertaken to review and investigate all outstanding recommendations from previous studies and panel reports. The MHGS was conducted in two stages: • Stage 1: Preliminary assessment - Stage 1 was completed in May 2016 which collated and confirmed heritage places and precincts of potential cultural heritage significance that were not subject to the HO and that were worthy of further assessment; • Stage 2: Detailed heritage assessment - Stage 2 was completed in October 2018 and comprised the full research of the places identified during Stage 1 and also additional places identified during fieldwork. This equated to over 400 individual places and 12 potential precincts (containing 365 properties), as well as potential extensions to seven current HO precincts. Planning Scheme Amendment C174 implemented the findings of the MHGS. This Amendment was adopted by Council on 11 September 2019 and is currently with the Minister for approval. Moreland Heritage Gap Study Public Nominations Concurrent with the review of outstanding recommendations, a public nomination process was also conducted following the completion of Stage 1 of the MHGS in November 2016. Over 700 places were nominated through this process. The scope of Stage 2 of the MHGS however did not include the assessment of these nominated places due to insufficient budget and the availability of external consultant resources. As such the preliminary assessment of these additional 700 places was deferred and documented in the heritage workplan within the HAP. Moreland Heritage Nominations Study

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The Moreland Heritage Nominations Study 2020 investigated the heritage significance of the 700 places nominated by the public in 2016. This study was also conducted in two stages. Stage 1: Preliminary Assessment The Stage 1 study was completed in May 2019 by the heritage consultants GHD Context Pty Ltd who identified which of the places nominated by the public warranted further heritage investigation. This assessment identified approximately 620 places worthy of a more detailed assessment. Stage 2: Detailed heritage assessment The Stage 2 study was completed in June 2020 by heritage consultants Extent Heritage Pty Ltd. This study comprised the full research of the places identified in Stage 1 as well as additional places identified through fieldwork. It also included the research and preparation of heritage citations of four places already in the Moreland Heritage Overlay that lacked any documentation. The Moreland Heritage Nominations Study (Stage 2) was prepared in accordance with Heritage Victoria guidelines, the Australia ICOMOS Charter for Places of Cultural Heritage Significance (the Burra Charter) and its guidelines. The study comprised of historical research, field work (site visits) and assessment of potential heritage places by comparing them to similar significant places in the City of Moreland. This study identified 340 places as meeting the threshold for being locally significant to Moreland and recommended their significance be recognised by including them in the Moreland Heritage Overlay as: • 46 individual places; • 1 serial listing; • 7 new precincts; • 3 precinct extensions. The Moreland Heritage Nominations Study 2020 can be viewed in full at Attachments 1 and 2. Amendment C174 Part 2 – Heritage Protection of 151A Lygon Street, Brunswick A late submission was received by Council to Amendment C174 for 151A Lygon Street, Brunswick East on 24 May 2019. As the consideration of submissions by an independent planning panel had already occurred, the submitter lodged a procedural appeal through Victorian Civil and Administrative (VCAT), seeking an opportunity to make a formal submission to the Amendment in accordance with the Planning and Environment Act 1987. The matter was settled between Council and the land owners to re-exhibit an Amendment to apply heritage protection to 151A Lygon Street, Brunswick East. Amendment C174 was subsequently split in two to allow the landowner another opportunity to participate in the Amendment process: • C174 Part 1 – All proposed heritage places except 151A Lygon Street Brunswick. This Amendment is currently under review by the Minister for Planning for final approval; • C174 Part 2 – permanent heritage controls for 151A Lygon Street Brunswick East. This Amendment has not yet been exhibited lending itself to incorporation into C208 rather than a separate process for a single property.

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It is more efficient and financially appropriate to include the property at 151A Lygon Street, Brunswick East within this Amendment process rather than a separate amendment process for one property. As such it is recommended that C174 Part 2 be abandoned and superseded with this Amendment. Similarly, its ongoing interim protection will continue through incorporation under C207 to clarify that it is now being considered as part of C208. Amendment C205 - Heritage Protection of 18 Kendall Street Coburg Council received planning permit application MPS/2019/71 to construct four double storey dwellings at 18 Kendall Street Coburg in November 2019. Three objections were received during the public exhibition period and a further two later objections were received, one from the Coburg Historical Society on heritage grounds. New information to support the heritage significance of the place was provided by the Coburg Historical Society based on its aesthetic contribution and association with a notable figure of Moreland. This place had been assessed in the previous heritage studies City of Coburg Heritage Conservation and Streetscape Study (1991) and Moreland Local Heritage Places Review 2004 (revised 2008), where both studies found the place did not meet the threshold for local significance. However, considering the new information provided by the Coburg Historical Society, Council engaged heritage consultants Extent Heritage Pty Ltd to undertake a heritage assessment. This assessment found that the new information for 18 Kendall Street Coburg did meet the threshold for local significance stating: What is significant The house at 18 Kendall Street, Coburg (otherwise known as ‘Wendouree’) is significant. The Victorian Italianate style and built form of the residence is significant, along with key characteristic features of the roof form, chimneys, wrap around verandah, and timber windows and doors. The front fence, double garage, plantings and driveway are not significant. How is it significant? Wendouree is of local aesthetic and associative significance to the City of Moreland. Why is it significant? As a highly intact and well-kept Victorian Italianate residence, Wendouree exhibits high quality aesthetic characteristics. The wrap around verandah, hip and valley roof form, profiled chimneys and timber joinery to windows and doors are of particular note. (Criterion E) Wendouree has a special association with Eli Williams, who was significant to Coburg as both a former mayor, sitting two terms from 1905-1906 and 1906- 1907, and as a representative for Coburg council on the Melbourne Municipal Board of Works from 1905 until 1909, where he fought for a range of better services for the Coburg area. Williams built the house in 1887 and lived there for the remainder of his life, a further 23 years. (Criterion H) Officers prepared Amendment C205 via delegation to request the Minister for Planning to apply interim controls on the property in line with Action K9 of the HAP. Amendment C205 was prepared and submitted to the Minister on 28 May 2020. Amendment C205 seeks an interim Heritage Overlay (HO) be applied to 18 Kendall Street, Coburg while permanent heritage controls are progressed through Amendment C208. At the time of writing this report, the Minister has not made a decision regarding Amendment C205. If the interim controls are approved the property will be incorporated into Amendment C208 in accordance with the provisions on recommendation five of this report.

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3. Issues Recommendations of the Nominations Study The study identified places of local heritage significance within 4 main themes as detailed below: Theme 1: Individual places of significance A total of 47 heritage places (some places contain more than one property) were identified as having individual local significance. These places comprise of residential (24), commercial (3), community (14), education (1), industrial (3), infrastructure (1) and open spaces (1). A list of all individual places which are locally significant are contained in Attachments 1 and 2 to this report, including Council owned land such as the Coburg Olympic Swimming Pool, Coburg Velodrome (Richards Reserve), Brunswick Velodrome (Roberts Reserve), Glenroy Library, CERES, Joe’s Market Garden and bluestone retaining walls in Oak Park. Theme 2: Serial listing According to the Victorian Planning Provisions (VPP) Practice Note (Practice Note 1), serial places share a common history and/or significance but do not adjoin each other or form a geographical group. A group of 14 substations in Moreland that share a common theme were confirmed to be of local significance and recommended for a serial place (10 of which are already within the Moreland Heritage Overlay). The substations identified to be part of a serial heritage place are contained in Attachments 1 and 2 to this report. Theme 3: New heritage precincts 7 new heritage precincts (207 individual properties) were identified to have local heritage significance. The precincts identified are contained in Attachments 1 and 2 to this report. Theme 4: Changes to existing Heritage Overlay Precincts Extensions to the following three existing precincts, Glenmorgan Street, Gordon Street and Coonans Hill Precincts were recommended, totalling approximately 75 additional individual properties. It was also recommended that the heritage significance of five places within the Phillipstown Precinct should change from contributory to individually significant. The changes to these existing precincts are contained in Attachments 1 and 2 to this report. Other proposed changes recommended by the Nominations Study The Moreland Heritage Nominations Study recommended that 10 of the substations already within the heritage overlay be absorbed into the new substation serial listing. The study also identified that the substation at 17 Edward Street, Brunswick identified by HO295, was demolished. As such, the following changes are recommended to their current HO controls.

HO Name of Heritage Related substation Proposed change to No. Place in serial listing the HO

HO61 10 Dawson Street, S1 - 10 Dawson Remove the curtilage Brunswick – Street, Brunswick associated with the Brunswick Baths substation S1 from HO61. Include substation in a new serial listing HO600.

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HO Name of Heritage Related substation Proposed change to No. Place in serial listing the HO

HO184 423A-425A Victoria S2 - 425 Victoria Remove the curtilage Street, Brunswick – Street Brunswick associated with the Brunswick Park & substation S2 from Oval HO184. Include substation in a serial listing HO600.

HO113 Methven S3 – 7 Methven Street Remove the curtilage Park/Methven Street Brunswick (Methven associated with the Precinct, East Park) substation S3 from Brunswick HO113. Include substation in a serial listing HO600.

HO106 318-324 Lygon Street S5 - 318-324 Lygon Remove the curtilage Brunswick – Baby Street Brunswick associated with the Health Centre substation S5 from HO106. Include substation in a serial listing HO600.

HO278 119 Brunswick Road, S6 - 119 Brunswick Delete HO278 as it Brunswick – City of Road, Brunswick relates entirely to the Brunswick Electricity substation S6. Include Supply Building substation in a serial listing HO600.

HO279 188 Brunswick Road, S7 - 188 Brunswick Delete HO279 as it Brunswick – Former Road, Brunswick relates entirely to the City of Brunswick substation S7. Include Electricity Supply substation in a serial Transformer Station listing HO600.

HO139 Phillipstown Precinct S9 - 24 Gray Street Remove the curtilage – Barkly Street/Union Brunswick (Temple associated with the Street Brunswick. Park) substation S9 from HO139. Include substation in a serial listing HO600.

HO311 Howarth Street (part S10 - Howarth Street Delete HO311 as it of 14 Frith Street) – (part of 14 Frith relates entirely to the Former City of Street) substation S10. Include Brunswick Electricity substation in a serial Supply Transformer listing HO600. Station

HO301 14 Frith Street S10 – Howarth Street Extend HO301 to Brunswick – Former (part of 14 Frith correctly cover the Company of Australia Street) Heritage Building. There Ltd is a mapping anomaly with location of HO311 (S10) and resultant gap with its proposed deletion.

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HO Name of Heritage Related substation Proposed change to No. Place in serial listing the HO

HO52 2A Connelly Street, S12 - 25A Stewart Delete HO52 as it relates Brunswick – BCC Street Brunswick entirely to the substation Sub-station S12. Include substation in a serial listing HO600. Note: the substation is actually located at 25A Stewart Street Brunswick, with HO52 applied to the garage of the dwelling at 2A Connelly Street Brunswick.

HO24 Blyth Street Precinct, S12 - 25A Stewart Remove the curtilage of Brunswick Street Brunswick 25A Stewart Street Brunswick from HO24 as it relates entirely to the substation S12. Include substation in a serial listing HO600.

HO92 Hoffman and Hunter S13 - 2A Walker Remove the curtilage of Streets Precinct, Street Brunswick 2A Walker Street West Brunswick West Brunswick West from HO92. Include substation in a serial listing HO600.

HO295 170 Edward Street N/A Delete HO295 as the Brunswick – Former substation has been City of Brunswick demolished Electricity Supply Transformer Station

See substation serial place citation in Attachment 2 for details of curtilages of the new serial listing HO600 (Brunswick substations) referenced in the above table. The Heritage Nominations Study also identified that 86 Gordon Street Coburg, (currently within HO87 - Gordan Street Precinct) and part of 31 The Avenue Coburg (currently within HO172 – The Grove/Sydney Road Precinct) as individually significant in their own right and should be recognised by a separate Heritage Overlay. As such, it is recommended that 86 Gordon Street Coburg and part of 31 The Avenue Coburg be removed from their current HO’s and a new individual HO created for these places. Rectify Heritage Anomalies A number of anomalies relating to the Moreland Heritage Overlay were identified within the Moreland Planning Scheme Review 2018 as well as by Council officers. These anomalies and proposed action are summarised in the table to follow:

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HO No. Properties Anomaly description Action HO136 19A Passfield HO136 was applied to 19 Passfield Delete HO136 Street Street to recognise the closer from map 13HO Brunswick West settlement house’s significance. A subsequent subdivision approval divided the land into two lots, 19A Passfield containing the heritage dwelling and 19 Passfield Street a vacant allotment to the rear. A serial heritage listing has been created that consolidates all the closer settlement houses in Brunswick West into one listing, being HO540, with the subsequent deletion of HO136 from the Heritage Overlay Schedule at Clause 43.01. An oversight has resulted in the rear vacant parcel retaining HO136 on the planning scheme mapping, even though it has been deleted from the HO schedule and contains no heritage fabric. HO82 71-75 and 79-87 The former laneway between Linda Delete HO82 Linda Street and Wattle Streets was likely within associated with Coburg HO82 - Glencairn Avenue Precinct. properties on However, with the laneway’s Linda Street discontinuation and subsequent Coburg from sale to adjacent owners, HO82 map 11HO applies to the rear portions of some properties facing Linda Street. These properties contain no heritage fabric that is contributory to the Glencairn Avenue Precinct. HO179 3,5,7,9, HO179 boundary was applied to Delete HO179 11,15,17,21,23, the former laneways between associated with 25,37,39 Turner and Lansdown Streets and the properties Lansdowne Turner and Hatter Streets. on Lansdowne, Street Pascoe However, with the laneway’s Hatter and Vale South discontinuation and subsequent O’hea Streets sale to adjacent owners, HO179 from map 11HO 4, 4A, 8, 12, 14, applies to the rear portions of some 20, 1/20, 22, 24, properties facing Lansdowne Street 30 and 34 and Hatter Street. These properties Hatter Street contain no heritage fabric that Pascoe Vale contributes to the Turner Street South Precinct.

235 O’hea Street Pascoe Vale South

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Interim Heritage Protection Proposed Interim Heritage controls during the Amendment process It is proposed to request a ‘blanket’ interim HO to all properties in the Moreland Nominations Study 2020. This is considered the most efficient way to protect the properties until permanent heritage protection is secured. This is more efficient than seeking interim controls on a case-by-case basis as buildings within the proposed heritage overlay come under threat and is no longer an approach supported by DELWP (noting this used to be the preferred approach of the Minister). Existing interim heritage protection Amendments C205 seeks to apply a HO to 18 Kendall Street, Coburg on an interim basis. These temporary controls were sought to provide Council time to undertake the necessary strategic work to support a planning scheme amendment to introduce a similar control on a permanent basis. The Heritage Nominations Study now provides this further work and will effectively continue these controls as part of C208 subject to authorisation and final approval by Council. Similarly, Amendment C173 applied interim HO controls to 151A Lygon Street, Brunswick. Permanent controls were proposed to be sought following the VCAT hearing for this site as part of C174 Part 2. Rather than expend resources for a single amendment, it is more appropriate to seek permanent controls through this Amendment and connect the interim controls to C208 via C207 moving forward. Alternatively, confirmation from DELWP that C173 remains live but connects to C208 will be sought. City of Moreland Thematic History In conjunction with the Moreland Heritage Nominations Study 2020, Extent Heritage Pty Ltd has undertaken a review and updated of the City of Moreland Thematic History. The Draft Moreland Thematic History (2020) seeks to update thematic themes to resolve identified gaps, reflect contemporary issues and events, integrate aspects of Moreland’s Pre and Post Contact Heritage Studies and improve the documents readability. This standalone document is appropriately revisited and updated with each Heritage study. The revised document is expected to be finalised within the 2020/2021 financial year following further consultation with the Wurundjeri Woi Wurrung Elders and is expected to be ready for Council’s endorsement when it considers the Gateway 3 (post Panel Report) Council report for C208. The Moreland Heritage Nominations Study 2020 references the updated themes of the Draft City of Moreland Thematic History. Human Rights Consideration The implications of this report have been assessed in accordance with the requirements of the Charter of Human Rights and Responsibilities. The application of a Heritage Overlay is relevant to Section 20 – Property Rights of the Charter. Public Exhibition of the Amendment will provide property owners with an opportunity to make a submission about the Amendment. All submissions will be considered by an independent Planning Panel in making a recommendation to the Minister for Planning about the Amendment.

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4. Consultation Public consultation will be conducted as part of the formal statutory exhibition process for the Amendment. Subject to the timing of the Minister’s authorisation of the amendment it is anticipated that exhibition will occur in November 2020 for a period of four weeks after notice of the Amendment is published in the Government Gazette and in the newspaper circulating the area. Should the timing of the Authorisation prevent this from occurring in November, a Ministerial exemption to the timing of the exhibition will be sought to enable this to be pushed out to February 2021 so as not to conflict with the Christmas and summer school holiday period. Importantly, opportunities for one on one meetings with Strategic Planning Officers and heritage consultants will be held during the public exhibition process (via video conference if social distancing requirements are still in place due to COVID-19). This will be undertaken on a case by case basis at the request of the stakeholders. In accordance with section 19 of the Planning and Environment Act 1987 notice of the Amendment via direct mail will be given to: • Owners and occupiers of affected properties; • Relevant state government departments and Ministers; • All abutting Municipal Councils; • Relevant community groups including Coburg Historical Society. To comply with other notice requirements in section 19 of the Planning and Environment Act 1987 and to reach the wider community, the following will be provided throughout the exhibition process: • Notice of the preparation of the Amendment in the Government Gazette and newspapers The Age and Herald Sun; • Communication through Council’s websites and social media platforms; • Copies of exhibition material, including background material, will be available on Council’s website and hard copies will be posted to residents upon request; • Council’s website will include a search tool to allow interested parties to search their property address and understand how the Amendment affects their property. Copies of exhibition material, including background material, will be available on Council’s website as well as the ability to provide feedback through an online portal; • Copies of Amendment documentation, including all background material, will be available on Council’s website and at Moreland Service Centres and Libraries for the public to access (if these facilities are open at the time of exhibition). 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 Moreland Heritage Nominations Study was completed using $27,215.13 (excl. GST) of the 2018/2019 budget and $184,049 (excl. GST) from the 2019/2020 budget. The Thematic History Review and Update was conducted concurrently using $28,340.00 (excl. GST) from the 2019/2020 budget. Further budget to resource the exhibition of the Amendment and an independent Planning Panel process will be funded by the Strategic Planning Unit operating budget in 2020/2021. The estimated costs are broken down as follows:

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Financial: • Between $12,000 for exhibition of the planning scheme amendment, including letters posted to affected properties (owners and occupiers) and advertisement in the newspapers; • $1610 per day for meetings with owners with an expert heritage consultant, review of up to 25 submissions and any updates required to the heritage study. • $20,000 for the heritage experts to prepare an expert witness report and response for each submitter and appear for cross examination at a Planning Panel; and • Approximately $25,000 for Planning Panel fees (subject to the number of submissions received and the number of days/panel members required). • $8000.00 to complete the Moreland Thematic History Review and Update (consultation with Elders and finalisation of document by heritage consultants). Resources: It is anticipated that the amendment will come into effect in the 2021/2022 financial year. The impacts on the Urban Planning Unit at this time will be minimal as the inclusion of the additional properties within the HO proposed by Amendment C208 is likely to generate approximately five additional planning permit applications annually. This minimal increase in planning applications can be managed within the existing resources of the Urban Planning Unit. 7. Implementation Amendment Process Subject to Council’s decision, the next step will be to seek authorisation to prepare the Amendment (as drafted) from the Minister for Planning. Following receipt of authorisation, exhibition of the amendment will be undertaken. The following timeline is broken down into key ‘decision gateways’ for Council. The timeline is approximate and subject to Ministerial approval timelines and Planning Panels Victoria reporting and assumes a November 2020 exhibition period. Decision Gateway 1: Authorisation and exhibition (current report) Decision Gateway 2: Submission review and panel request (February 2021) Decision Gateway 3: Panel Report review and approval request (July 2022)

Attachment/s 1⇩ Moreland Heritage Nominations Study - Recommendations Report - D20/326043 Final Vol 1 - Attachment 1 2⇩ Moreland Heritage Nominations Study - Recommendations Report - D20/326045 Final Vol 2 - Attachment 2 3⇩ C207 - Interim HO - Draft Clause 43.01 Heritage Overlay Schedule D20/241640 4⇩ C207 - Interim HO - Interim HO Maps D20/280794 5⇩ C208 - Permanent HO - Gateway 1 - Draft Clause 43.01 Heritage D20/241629 Overlay Schedule 6⇩ C208 - Permanent HO - Gateway 1 - New HO and Modify & Delete D20/275383 existing HO Maps

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DCF36/20 BICYCLE PARKING AT RAILWAY STATIONS - RESPONSE TO NOTICE OF MOTION 10/20 (D20/279009) Director City Futures City Change

Executive Summary On 12 February 2020, Council resolved (NOM10/20): To receive a report that undertakes an audit of bicycle parking at all train stations in Moreland. The report should detail: 1. The number of secure bicycle parks at each station; 2. The number of non-secure bicycle parks at each station; 3. Options for Council to partner with State Government agencies to increase both secure and non-secure bicycle parking at all train stations so there is consistency across all suburbs in the city. Council officers inspected the 13 railway stations in Moreland (Attachment 1) - four on the Craigieburn Line and nine on the Upfield Line in March 2020 (pre-COVID-19 usage patterns) and compiled a table summary of all bicycle facilities at each station (Attachment 2). The investigation also included consultation with Bicycle Network, Moreland Bicycle User Group (Moreland BUG) and Victoria Police. The consultation sought relevant information regarding cyclists’ demand and opportunities to improve bicycle facilities and security. The investigation revealed that the Level Crossing Removal Project (LXRP) intended redevelopment of Coburg, Glenroy and Moreland Stations will yield a net increase in bicycle parking of 78 spaces at Coburg, 46 spaces at Moreland and a number yet to be determined in design at Glenroy Station. An opportunity arises to relocate the Glenroy Parkiteer to Gowrie Station. With the remaining nine railway stations - Anstey, Batman, Brunswick, Fawkner, Jacana, Jewell, Merlynston, Oak Park and Pascoe Vale, there is scope to increase the number of hoops and rails, subject to confirming appropriate and convenient locations. The input from Moreland BUG included the results of an online survey of bicycle users conducted in July 2020 specifically related to bicycle parking at railway stations in Moreland. Based upon the investigations and stakeholder input, it is recommended that opportunities to increase bicycle parking, both with additional Parkiteer cages and bicycle hoops, in and near all railway stations, be pursued in a manner prioritised by access requirement, available space, usage and rail safety. It is not recommended that any growth in the number of individual bicycle lockers be actively pursued as they are space inefficient and do not provide a very accessible user interface.

Officer Recommendation That Council: 1. Notes the proposed reinstatement and improvement, both in the number and security, of bicycle storage facilities at Coburg, Glenroy and Moreland Railway Stations as part of rail grade separation projects. 2. Requests Bicycle Network and the Department of Transport reallocate the Parkiteer bicycle cage being removed from Glenroy Railway Station to Gowrie Railway Station. 3. Partners with Bicycle Network, the Department of Transport and Metro Trains Melbourne to increase the number of bicycle hoops and rails in and around the remaining nine railway stations in Moreland, (Anstey, Batman, Brunswick, Fawkner, Jacana, Jewell, Merlynston, Oak Park and Pascoe Vale) with due regard for available space, Disability Discrimination Act requirements and safe rail operations.

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REPORT

1. Policy Context The Moreland Integrated Transport Strategy (MITS 2019) has a clear focus on actions that support sustainable travel mode shift through provision of appropriate infrastructure. Improving bicycling storage at and near railway stations can encourage and support entire journeys undertaken without a car. In March 2019 Council adopted the MITS. The strategy seeks to encourage active and sustainable transport, such as walking, cycling, and public transport while reducing our reliance on motor vehicles. A number of residents have expressed interest in cycling to railway stations but have indicated that the lack of secure bicycle facilities is a barrier to doing so. 2. Background At the Council Meeting on 12 February 2020, Council resolved (NOM10/20): To receive a report that undertakes an audit of bicycle parking at all train stations in Moreland. The report should detail: 1. The number of secure bicycle parks at each station; 2. The number of non-secure bicycle parks at each station; 3. Options for Council to partner with State Government agencies to increase both secure and non-secure bicycle parking at all train stations so there is consistency across all suburbs in the city. Following this, Council officers inspected all railway stations within Moreland on (Attachment 1) and compiled a table summary of all bicycle facilities at each station (Attachment 2). The summary ranks the patronage of each station whilst providing a brief picture of the number and adequacy of bicycle storage facilities at those stations. The station inspections were carried out on 11 and 18 March 2020, immediately prior to the introduction of the COVID-19 restrictions that severely impacted on rail patronage. 3. Issues Bicycle storage types There are three types of bicycle facilities at the 13 railway stations - Parkiteer bicycle cages, secure bike lockers and lock points largely consisting of hoops. Parkiteer Bicycle cages These are semi-secure transparent cages that have capacity for 26 bicycles. The supply of these cages has been funded by the State Government. The cages are accessed via a swipe card system that is run by Bicycle Network. Users obtain a swipe card by paying a $50 refundable deposit and the card can be used to gain entry at any cage across the rail network. The bicycles within the facility can be readily viewed from the outside. Bicycle Network report some instances of theft from the cages by people using found or stolen swipe cards, or by forced entry. It is recommended that cyclists use their own secure lock within the cage. The use of the swipe card is ongoing and does not require renewal, but Bicycle Network does reserve the right to remove bicycles that are left in cages for extended periods of time. There are three cages in Moreland, located at Coburg, Fawkner and Glenroy stations. Currently the cage at Coburg is unavailable due to level crossing removal works.

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Feedback from Bicycle Network indicates that the cages with the highest occupancy are those at stations further from the Melbourne CBD, rather than inner suburban stations. Secure lockers These lockers are a secure, non-transparent form of storage that offer a higher level of security. Availability of the lockers can only be obtained from Metro Trains Melbourne (MTM). Lockers with an inbuilt lock require a $100 refundable key deposit and lockers that allow a user to provide their own lock require a $50 refundable deposit, with a copy of the key to be provided to MTM. Use of the locker requires renewal every three months and MTM reserves the right to inspect the contents of the locker at any time. There are eight of these lockers located at Merlynston Railway Station and four located at Gowrie Railway Station. Information regarding the occupancy rate of these lockers was not available from MTM. This type of facility is one of legacy; that is, it was the only type of secure facility existing before Parkiteer cages emerged in 2008. Owing to the restrictive nature of these lockers, they are not considered suitable for casual users, as they are not readily available to users who commence cycling in a spontaneous manner; a practice that can lead to more regular riding. Lock points or hoops Lock points come in array of sizes and styles. Some are located on station platforms, while others are located adjacent to station entry points. They are attractive to a range of users as they don’t require cyclists to interact with any agency and the availability is easily understood. The user is required to supply their own lock. Most stations in this investigation would benefit from additional points, particularly at stations where an undersupply has resulted in cyclists chaining bicycles to handrails that provide assistance to people with mobility impairments. Locations for additional points should be assessed on criteria that includes: available space, location of station CCTV cameras, lighting, shelter, platform safe clearances, full DDA station access and passive surveillance. Council is unable to carry out works on station property without obtaining permission through a convoluted process, so the best approach is one of partnership with the relevant railway stakeholders. Security and safety Input was sought from Bicycle Network, Moreland Bicycle User Group (Moreland BUG), and Victoria Police regarding bicycle security. Bicycle Network Bicycle Network is the principal cycling advocacy group in Victoria. Bicycle Network also administers the operation of the Parkiteer bicycle cage system on behalf of the State Government. Discussions with this group provided insights into location criteria and revealed the opportunity to relocate the Parkiteer cage currently located at Glenroy Railway Station. This cage will be removed as part of the station redevelopment and a new cage incorporated. There is scope to work with Bicycle Network to have the cage relocated to another station. Given the available site space and potential to grow cycling with the extension of the Upfield Shared User Path to the Western Ring Shared User Path, Gowrie Railway Station is recommended. Moreland Bicycle Users Group Moreland BUG provided data from an online survey conducted in July 2020 regarding attitudes and needs of cyclists at railway stations in Moreland. Three key questions, with responses, are shown:

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A Bicycle theft

B Preferred form of parking

Whilst support is evenly spread for hoops and Parkiteer cages, there is relatively little support for other types of parking, suggesting that full lockers may not be all that accessible for a range of cyclists. C Nominated locations for more facilities (multiple sites per vote)

While support is generally strongest for more parking at southern stations, it also reflects those locations where existing cycling rates generally are far higher. For example, despite Glenroy Station not being strongly supported for additional facilities, it has the highest rail patronage in the municipality. Further, a female member of Moreland BUG provided this personal perspective regarding women’s safety:

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“Some general feedback I have both from my personal experience but also from years of teaching women in classes intended to increase their confidence on bicycles is that bicycle parking needs to be well lit, and close to entrances of railway stations or in well-used busy areas. Not in a corner of a dark car park, or at a remote end of the station requiring you to walk the length of the platform twice to retrieve your bicycle and get back to the entrance. Many women reported to us at the Squeaky Wheel over the years that the reason they didn’t make more use of the train and bicycle combination was often because of that one part of the whole trip, retrieving their bicycle. If it was in circumstances where they didn’t feel safe it put them off the whole trip.” Victoria Police Victoria Police could not provide specific data regarding theft from stations however indicated bicycle theft is a much greater issue in the south of the municipality than the north. Of the 450 bicycles reported stolen in the municipality, 355 were reported in the Brunswick Police jurisdiction, with 95 reported in the Fawkner Police jurisdiction. This appears to show a strong correlation to actual rates of cycling as a significant mode. Level Crossing Removal works The Level Crossing Removal Project (LXRP) is currently constructing the rail grade separation on the Upfield Line between Bell Street and Moreland Road, including the redevelopment of the Coburg and Moreland Railway Stations. The following table indicates the proposed bike parking at the two stations following redevelopment. Table 1: Bike parking at Coburg and Moreland Stations Existing Post LXRP Net gain Open Parkiteer Open Parkiteer Open Parkiteer spaces (2 spaces spaces (2 spaces spaces (2 spaces Station per hoop) (secure) per hoop) (secure) per hoop) (secure) Coburg 16 (ie 8 26 94 26 78 0 hoops) Moreland 10 0 30 26 20 26

The LXRP project at Glenroy will commence later this year. The resulting station redevelopment will see replacement of the Parkiteer cage (26 spaces), along with a number of hoops/rails yet to be determined in design. Council officers continue to stress that a substantial number should be provided to reflect the status of Glenroy Station having the highest rail patronage in the municipality. Station constraints and opportunities Additional Parkiteer cages LXRP intends to remove the existing Parkiteer cage at Glenroy Railway Station to facilitate station redevelopment, replacing it with a new inbuilt facility. This provides an opportunity to nominate another site for it. Gowrie Railway Station is recommended to be considered as the proposed site for the following reasons: • It has enjoyed steady patronage growth since change to the public transport fare zoning system in 2015; • It has potential space to accommodate the cage close to the station entry; • The current bicycle hoops are well utilised; and • It will be complementary to the Upfield Shared Path northern extension. Additionally, the LXRP redevelopment of Moreland Railway Station will include a Parkiteer cage.

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Together, these two initiatives will increase the net number of Parkiteer cages in Moreland from three to five. Land ownership Land ownership and control in and around station precincts is strictly delineated between local and state governments. Railway stations and their immediate surrounds are state assets managed by the Department of Transport/ VicTrack, with minor works and maintenance ceded to the rail operator, Metro Trains Melbourne (MTM). The placement of additional cycling infrastructure is strictly controlled by these agencies. Council is unable to install cycling infrastructure within these confines without express consent from these agencies, provided through a complex approvals system. To encourage more bicycle parking within these locations, Council can: • Identify site specific needs and advocate to these agencies for improvement; and • Consider providing hoops to MTM for installation at key locations. Council controlled land abutting railway land presents the best opportunity to directly install bicycles hoops, but each location must be evaluated on site characteristics to ensure station access problems are not created. The land abutting inner suburban stations is generally more heavily constrained because private development is historically closer to the railway station than comparable stations further from the city, making the siting of bicycle infrastructure such as Parkiteer cages more challenging. For example, additional bicycle parking at Anstey Railway Station would provide high benefit, but there is no space for a Parkiteer cage and growth can only be accommodated with additional hoops. By comparison, Gowrie Railway Station, further from the city with a larger land buffer, provides an opportunity to install a cage in a relatively shorth time frame. Human Rights Consideration The implications of this report have been assessed in accordance with the requirements of the Charter of Human Rights and Responsibilities. Specifically, assessment of locations for additional bicycle hoops and rails will target locations where there are known instances of bicycles being locked to Disability Discrimination Act compliant handrails at stations due to an undersupply of hoops and rails. 4. Consultation At this point in the investigation, no direct consultation was undertaken with the community at large. Rather, data regarding bicycle theft and usage. Input was sought from Bicycle Network, Moreland BUG, and Victoria Police as outlined. 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 expected that partnering with State Government agencies can be largely met with existing officer resources. Small to medium project works, such as additional parking near stations precincts, can be achieved through minor re-prioritisation of bicycle parking capital works programs as identified. Provision of hoops and/or rails on Council property near railway station can generally be made through Council’s annual provision of 100 hoops per annum, whereas the provision of Parkiteer cages is a state funding responsibility and therefore is largely an advocacy item for Council.

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7. Implementation Subject to Council’s decision, Council officers will initiate contact with respective agencies to commence work in partnering for additional bicycle hoops/rails at all stations (except LXRP project sites) and securing agreements concerning the relocation of the Glenroy Parkiteer facility to a suitable site near Gowrie Station.

Attachment/s 1⇩ Public Transport Victoria Map showing rail lines and stations in D20/293982 Moreland 2⇩ Moreland Rail Stations Bike Parking 2020 D20/294788

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DCI16/20 SHADE CLOTH IN CB SMITH RESERVE - RESPONSE TO NOTICE OF MOTION 26/20 (D20/285855) Director City Infrastructure Open Space and Street Cleansing

Executive Summary At the June 2020 Council meeting, Council resolved (NOM26/20 Shade Cloth in CB Smith Reserve): 1. Notes the need to provide shading in playgrounds in Fawkner, particularly in CB Smith Reserve, and develops a priority list of playgrounds in Fawkner and Moreland more broadly. 2. Refers a funding proposal for the top priority playground to the budget process for 2020/21. As a result, $50,000 was allocated to the 2020/21 budget to construct one shade sail structure at a priority location. The Moreland Play Strategy focuses on the provision of shade through natural means being tree canopy coverage. Shade structures are only considered for District Level parks and District Level play spaces of which Council has 14 locations in total. After site assessments of these 14 locations was completed, nine key district playgrounds/parks and skate parks within them, have been identified as requiring shade structures at a total cost of $420,000 plus maintenance costs which will require the development of five-year program to complete. Council will be developing a new Play Space Upgrade program this financial year, to commence in 2021/22, as the current program relating to the Moreland Play Strategy is in its final year. This program will require a community consultation process before it is endorsed by Council. Given a new Play Space Upgrade program is being developed it is logical to include the shade structure program as part of that program. CB Smith play space is likely to fall within the first year of the new Play Space Upgrade program being developed therefore, the shade structure construction should align with the upgrade of the playground. CB Smith Reserve has two locations within it requiring shade structures being the play space and the skate park. Being the shade structure construction within the play space will be aligned to the new play space program mentioned above, it is recommended that a shade structure be constructed at the skate park at CB Smith this financial year with the current $50,000 allocation.

Officer Recommendation That Council : 1. Constructs a shade sail over the skate park at CB Smith Reserve in 2020/21, utilising the current $50,000 budget allocation. 2. Develops a five-year Shade Structure Program, in line with the new Play Space Upgrade Program being developed this financial year for consideration in future years budget processes.

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REPORT

1. Policy Context Moreland Play Strategy 2016-2020 The Moreland Play Strategy focuses on the natural provision of shade through appropriate species of shade tree and not through built structures. Shade structures are only considered for District Level parks and District Level play spaces. District Level play spaces can be within either District Level parks and other categorised open space. 2. Background Notice of Motion NOM26/20 was considered at the June 2020 Council meeting, resulting in further development of a priority list for shading of playgrounds across Moreland. The district level park, playgrounds and skate parks have been assessed based on existing shade and planned future upgrades. A prioritised list for shading of district level playground and skate parks has been developed. A number of sites have existing natural shade or have been assessed and additional shade structures are not required. 3. Issues Moreland has six District Level play spaces, they are: • Bush Reserve Coburg; • Harmony Park Coburg (has existing shade structure); • CB Smith Fawkner; • Brearley Reserve Pascoe Vale South; • Shore Reserve Pascoe Vale South; • Jones Park (existing shade structure over sandpit area only). These are large ‘access for all’ facilities designed to cater for a wide range of people from the area along with a capacity to draw a tourist element from the surrounding districts. Generally, district play spaces are custom designed for a site and have the capacity to provide a wide variety of play and are more frequently used facilities. The Moreland Open Space Strategy identifies ten District Level Parks, they are; • AG Gillon Oval Brunswick East*; • Allard Park Brunswick East; • Brunswick Park Brunswick*; • Clifton Park Brunswick*; • Coburg Lake Reserve Coburg; • Gilpin Park Brunswick*; • Harmony Park Coburg North; • Jones Park Brunswick East; • Moomba Park Fawkner; • Raeburn Reserve Brunswick*.

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* Part of the Brunswick Central Precinct Parkland These areas have been classified as District Level parks due to their location, size, quality and infrastructure. They do not necessarily have a ‘District’ level playground within them. There are three skate parks in Moreland within the above District Level Parks which should also be considered for shade structures. • Harmony Park, Coburg; • Clifton Park, Brunswick; • CB Smith Reserve, Fawkner. After an assessment was carried out on the above locations, the below were determined as requiring shade sail provision, due to the lack of natural shade (tree canopy). • AG Gillon Oval – Playground; • Allard Park – Playground; • Brearley Reserve – Playground; • CB Smith – Playground and Skate Park; • Clifton Park – Skate Park; • Gilpin Park – Playground; • Harmony Park – Skate Park; • Moomba Park – Playground; • Raeburn Reserve - Playground. Council will also be developing a new Play Space Upgrade program this financial year, to commence in 2021/22, as the current program relating to the Moreland Play Strategy is in its final year. This program will require a community consultation process before it is endorsed by Council. It would make sense that the shade structure program, be developed in line with the new Play Space Upgrade program so they align, and works are not doubling up in specific locations. CB Smith play space is likely to fall within the first year of the new program being developed, therefore the shade structure construction should align with the upgrade of the playground. CB Smith Reserve is the only area to require two locations within it requiring shade structures being the play space and the skate park, therefore would be seen as higher priority. Being the shade structure construction within the play space will be aligned to the new play space program, it is recommended that a shade structure be constructed above the skate park at CB Smith this financial year with the current $50,000 allocation. Social implications While there are obvious positive social implications by including additional shade at our district parks and playgrounds unfortunately, shade structure, particularly cloth shade sails become a target for vandalism creating an ongoing maintenance and replacement. Therefore, the installation of cloth structures has been kept to a minimum in parks across Moreland and the preference for natural shade. Human Rights Consideration The implications of this report have been assessed in accordance with the requirements of the Charter of Human Rights and Responsibilities.

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4. Consultation Officers from Open Space Design and Development and Open Space Maintenance have been consulted during development of the priority list. Site specific community consultation will take place as the program is implemented. 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 shade structure, on large playgrounds can cost up to $50,000 to install and $30,000 on smaller playgrounds. Maintenance of these structures is estimated at $5,000 per year. After site assessments of the 14 locations that are listed above nine key district playgrounds/parks and skate parks within them, have been identified as requiring shade structures at a total cost of $420,000 plus maintenance costs as shown below. The locations shown with zero funding have existing natural or other shade provisions, and therefore, have been assessed as not requiring additional shade structures. Location District District Cost Comment Park Play AG Gillon Oval Yes $30,000 Allard Park Yes $30,000 Brearley Reserve Yes $50,000 Brunswick Park Yes 0 No Playground Bush Reserve Yes 0 Adequate natural shade CB Smith Yes $100,000 Playground and Skate Facility Clifton Park Yes $50,000 No Playground but Skate Facility Coburg Lake Reserve Yes 0 Adequate natural shade Gilpin Park Yes $30,000 Harmony Park Yes Yes $50,000 Existing structure on Playground, skate facility requires shade Jones Park Yes Yes 0 Existing structure over sand pit Adequate natural shade Moomba Park Yes $30,000 Raeburn Reserve Yes $50,000 Shore reserve (North) Yes 0 Adequate natural shade Total $420,000 Annual Maintenance $50,000

Fifty thousand dollars has been allocated in 2020/21 for the construction of one shade structure in a priority location. A five-year program will be required for the remaining sites from 2021/22 onwards for ongoing shade structure constructions within the above locations, at an additional cost of $370,000. 7. Implementation Pending Council endorsement, a shade structure will be constructed at the skate park located at CB Smith Reserve Fawkner in the 2020/21 financial year.

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A shade program will be developed in line with the new Play Upgrade program being developed within the 2020/21 financial year. This will come to Council for endorsement to be considered in the 2021/22 budget process.

Attachment/s There are no attachments for this report.

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DCI17/20 WEED MANAGEMENT - GLYPHOSATE PHASE OUT UPDATE (D20/43925) Director City Infrastructure Open Space and Street Cleansing

Executive Summary At the Council meeting held on 14 August 2019, a report was presented DCI14/19 Weed Management – Further Report to DCI70/17, where Council resolved that Council: 1. Notes the potential negative health impacts of Glyphosate on residents, workers and bystanders, and notes the well-established negative impacts on bees and insect populations which are critical to agriculture and native ecosystems as well as the development of weed resistance to glyphosate. 2. Adopts a phased approach to ceasing the use of glyphosate products by August 2021. 3. Receives a report in August 2020, providing an update on the progress of moving to banning glyphosate by 2021. 4. Continues to advocate for viable alternate products to replace glyphosate. 5. Notes that Council officers are progressing an initiative to provide a sign to all residents currently on the ‘No Spray Register’ and those who sign up to the register, noting that the resident is committed to maintaining the weeds on the public areas that abut the property, including footpaths, laneways, verges and gutters. This report is responding to point three of the Council resolution. Work has progressed over the past 10 months on alternatives to glyphosate products for the management of weeds throughout the municipality including: 1. Progression of the new laneway cleaning contract which will result in the ceasing of glyphosate in weed management within Council’s laneways by September 2020. 2. Council being part of a Glyphosate Working Group initiated by Municipal Association of Victoria, where all councils considering ceasing the use of glyphosate are working together on approaches and challenges. 3. Council being part of a ‘Weed Control Research Product’ lead by Deakin University, which aims to test the efficacy of alternate products to glyphosate and the effect these have on the environment. 4. Investigating new, innovative technology relating to weed management including ‘Heatweed’ technology which utilises hot water to kill weeds. Most new technology however is very expensive and, in most cases, difficult to obtain. 5. Trialling the requirements of manual removal of weeds in our parks through the Working for Victoria Program which will give indications of resourcing requirements for the manual removal of weeds. It would seem that a multi-faceted approach to alternate weed manage to glyphosate products will be required including a mix of manual removal of weeds, alternate more natural or less potent chemicals being used and community assistance.

Officer Recommendation That Council: 1. Notes the work currently undertaken to phase glyphosate products out of Council operation by August 2021. 2. Receives a report at the March 2021 Council meeting highlighting the timing and cost implications of the full ‘Phase Out Plan’.

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REPORT

1. Policy Context The Pest and Weed Management Policy 2016-2026 This policy sought to underscore the benefits of an integrated pest and weed management strategy in public open space, ensure proper selection and use of herbicides and pesticides as well as investigate the use of viable alternatives that lead to better environmental and more sustainable outcomes. The main objectives of the policy are: • Seek to reduce the use of chemically based herbicide and pesticides as a weed control and landscape management measure where possible and replace with environmentally sustainable alternatives. • Continue to investigate cost effective alternatives to herbicide and pesticide use where available. • Trial environmentally sustainable herbicide and pesticide alternatives for weed control spray applications utilising a risk management approach. • Utilise aspects of Integrated Pest Management Plan methodologies for Open Space Management. • Guide and implement best practice methods and clear and accountable management systems for weed control and pesticide application to minimise environmental and human impacts. • Review the process for assessing new chemicals to ensure that herbicide and/or pesticide use is justified, minimised and the lowest toxicity necessary to achieve the desired outcome. • Create a safe environment for all staff and the community in relation to chemical application within the municipality. The Policy went through a full community consultation process. Residents had the opportunity to provide feedback on the draft policy through the ‘Have your Say’ section on Council’s web site, before it was adopted. An email invitation, together with a copy of the draft policy was also sent to the following community groups: • All former members of the Sustainable Moreland Advisory Group; • The Brunswick South Planters; • The Gowanbrae Residents Group; • Friends of Coburg Lake and Surrounds; • Friends of Merri Creek; • Friends of Edgars Creek; • Friends of Moonee Ponds Creek; • The Merri Creek Management Committee; • The Moonee Ponds Creek Coordinating Committee; • Brunswick Communities for Nature. Feedback received through this consultation period helped form the final policy.

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2. Background At the Council meeting held 14 August 2019, a report was presented to Council (DCI14/19) - Weed Management – Further Report to DCI70/17, where Council resolved that Council; 1. Notes the potential negative health impacts of Glyphosate on residents, workers and bystanders, and notes the well-established negative impacts on bees and insect populations which are critical to agriculture and native ecosystems as well as the development of weed resistance to glyphosate. 2. Adopts a phased approach to ceasing the use of glyphosate products by August 2021. 3. Receives a report in August 2020, providing an update on the progress of moving to banning glyphosate by 2021. 4. Continues to advocate for viable alternate products to replace glyphosate. 5. Notes that Council officers are progressing an initiative to provide a sign to all residents currently on the ‘No Spray Register’ and those who sign up to the register, noting that the resident is committed to maintaining the weeds on the public areas that abut the property, including footpaths, laneways, verges and gutters. Work has progressed over the past 10 months to look at alternatives to glyphosate products for the management of weeds throughout the municipality which will be covered in this report. 3. Issues Current Practice (Policy) Council’s current policy position remains in place whereby glyphosate is not used for weed management in and around play grounds, child care centres and schools, with signage being placed on site whilst treatments in other areas is occurring. Laneway Cleaning Contract Contract 213T – Lane Cleaning and Weed Eradication has expired and a new tender is being completed. Currently, this contract covers the weed management of laneways (through glyphosate application) and general cleaning of the laneways four times per year. The new tender process called for alternate weed management practices to glyphosate to manage weeds in Council’s laneways. This tender provided clarification on what alternate products currently exist in the market that may be viable. This tender is now finalised with the alternate method of weed management being mechanical removal of weeds. The move to alternate practices has a cost implication that will require more than the $170,000 cost of the current contract (see financial Implication). Using glyphosate to management weeds in laneways will cease in September 2020, upon the finalisation of the tender process relating to this contract. A report will be presented at the August 2020 Council meeting to endorse this contract. Deakin Trial - Municipal Association of Victoria (MAV) Council is part of a Glyphosate Working Group initiated by MAV, that is partnering with Deakin University in a Weed Control Research Project. This project aims to look into the efficacy of alternate products to glyphosate to determine how these products work, effect the soil, how safe they actually are and how they move through the soil and potentially impact waterways etc. The project involves many other Councils who are committed to reducing glyphosate use also; • City of Ballarat; • City of Casey;

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• Darebin City Council; • Frankston City Council; • City of Greater Geelong; • Kingston City Council; • Maribyrnong City Council; • Whitehorse City Council. The project will be completed mid-2021, with a detailed update report due January 2021 to inform participating Councils on the progress and finding of the research at that point in time. New Technology Council is currently investigating new technology relating to management of weeds. An example of this is ‘Heatweed’ technology. This differs from steam and uses water just marginally shy of boiling point, to treat weeds. There are many forms of technology that can perform this task with a piloted buggy with weed sensing technology being the preferred option. This technology is new to Australia with only one company having access to it. The technology was created by a Norwegian based company and is quite new. Only one company has recently introduced this technology into Australia. This process is lengthy and costly and may make it impractical to implement in Moreland at this point in time. Alternate technology is likely to be very expensive and, in some cases, difficult to obtain. Working for Victoria (Hand Weed) The Open Space and Street Cleansing branch is employing 127 staff through the Working for Victoria program. As part of these staff, 20 have been allocated to garden bed maintenance and 20 to plantation maintenance. A large part of these roles will be hand weeding areas over the six-month project. This will give Council an indication of resourcing requirements for the manual removal of weeds in certain areas of the municipality. No Spray Register Signage Letters were sent to all residents currently registered on the ‘No Spray Register’ in April 2020, asking for those who were interested in displaying a sign on their property promoting the register. Out of the 339 residents on the register, 75 requested the signs. This is currently being rolled out. Natural Resource Management Sites Whilst most focus has been directly on weed management within streets and laneways, one area that is of concern in relation to phasing out glyphosate is our Natural Resource Management areas (NRM). These areas include revegetation and waterway (creek) sites. Currently, only minimal amounts of glyphosate are used in these areas, generally after burning activities occur to clear land, to prevent any major growth of weeds before planting occurs. Currently, a glyphosate product called ‘Bi-active’ is used for these works. This is the only known tested produced, safe to use around waterways. No other product, is tested and proven safe for use around waterways, meaning risk that alternate products in these settings may actually pose greater risk to the environment than glyphosate products. This will need further consideration regarding phase out of these products in NRM sites. Human Rights Consideration The implications of this report have been assessed in accordance with the requirements of the Charter of Human Rights and Responsibilities.

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4. Consultation All relevant departments areas were consulted in the creation of this Communications COVID-19 is currently taking up most communications at present due to community concern. A communication campaign will be required prior to August 2021 phase out, to remind the community of the ban on glyphosate for weed management, and the fact weeds may become more prevalent in some areas which will need to be accepted. Community pride will also be called on in an attempt to gain community assistance in weed removal i.e. in front of resident’s properties etc, due to the expected increased prevalence of weeds. 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 In the report presented at the August 2019 Council meeting, it was highlighted that to stop the use of glyphosate across the city entirely would have a potential financial impact of between $1.5 million – $2.8 million, which is significant and may impact other services and service levels. Current costing being finalised for Contract 213T are estimated at $230,000, for manual removal of weeds in laneways. Council currently budget $170,000 for this service meaning there is a $50,000 shortfall. It must be noted that this cost variance relates to weed management in laneways only and not all areas that require it throughout the city. Investigations are still ongoing on the best method to cease glyphosate use within streets and streetscapes (including curb and channelling), garden beds within parks and NRM sites. These sites make up a larger percentage of areas requiring weed management therefore, the previous cost implications would most likely still apply. 7. Implementation It would seem that a multi-faceted approach to alternate weed manage to glyphosate products will be required. This will most likely involve a mix of manual removal of weeds, alternate more natural or less potent chemicals and community assistance. The next steps in producing a final ‘Glyphosate Phase Out Plan’ by August 2021 will involve: • More work to be carried out on alternate products in remaining weed management areas; • A further report to come to the March 2021 Council meeting highlighting the timing of the full ‘Phase Out Plan’ and cost implications.

Attachment/s There are no attachments for this report.

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DBT17/20 2019/20 COUNCIL ACTION PLAN - ANNUAL REPORT ON YEAR 3 OF COUNCIL PLAN (D20/291238) Director Business Transformation Corporate Governance

Executive Summary This end of year Performance Report for the Council Action Plan gives an overview of Council’s performance for delivering the Council Plan 2017-2021 (Council Plan). 2019-20 was the third delivery year of the four-year Council Plan. Delivery of the Council Plan, through the Council Action Plan 2019/20, saw the end of year status of deliverables as 69 per cent achieved and 31 per cent on target. The current COVID-19 emergency has disrupted Council operations, with direct impacts on some services. Council’s response to relief and recovery priorities for the local community has impacted the full delivery of the 2019-20 Council Action Plan. Despite the impact of COVID-19, key achievements in the fourth quarter for the 2019-20 Council Action Plan included: • Construction completed for the female friendly changerooms at Reddish Reserve; • Playground improvement projects were completed at: Johns Reserve, West Brunswick; Anderson Reserve, Coburg; Oak Park Reserve, Oak Park; Palazzolo Park (Willow Grove) / Mailer Reserve Coburg; Raeburn Reserve, Pascoe Vale; and Hudson Reserve, West Brunswick; • Consultation for the Gaffney Street Pascoe Vale urban design renewal works was completed and the Bonwick Street Fawkner business activation and celebration event also occurred; • The Zero Carbon Evolution (ZCE) Strategy was implemented, including 83 residential solar installations for the year through Australian Energy Foundation (equivalent to 380kW); • A new partnership was established with Reground (and Sustainable Resource Use) to influence and monitor behaviour change and waste diversion outcomes at East Brunswick Village; learnings will inform Council’s planning permit decisions for future developments; • A 10-year bicycle capital program adopted by Council at the June 2019 meeting; • Customer experience improvements made included implementing regular after-call surveys with residents about their customer service experience and updating our knowledge management content used by the Customer Service team to provide higher quality and consistent information to customers for the 300+ types of requests which are received; • The creation of an integrated community hub in Glenroy, Wheatsheaf Hub, progressed with design work completed and construction commencing. • Council endorsed the draft Governance Rules and Public Transparency Policy to proceed to consultation.

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Officer Recommendation That Council: 1. Notes the 2019/20 Annual Report on the Council Action Plan, incorporating the Fourth Quarter Report, at Attachment 1 to this report. 2. Adopts the Addendum to the Year 4 Council Action Plan for additional deliverables to be included into 2020/21 quarterly performance reporting, at Attachment 2 to this report.

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REPORT

1. Policy Context The Council Plan 2017-2021 (Council Plan) was adopted by Council on 24 July 2017. This plan sets the vision, purpose, values, key strategic objectives and key priorities to be delivered over the four-year life of the plan. The Council Action Plan 2019-20 (CAP) for year three of the Council Plan, has deliverables with actions, measures and targets to achieve the Council Plan’s vision. 2. Background The purpose of the annual performance report is to report the status of delivery against the Council Plan at the 30 June 2020, incorporating the fourth quarter results. Council received reports on the: • First quarter CAP at the 11 December 2019 Council meeting. • Second quarter CAP at the 12 February 2020 Council meeting. • Third quarter CAP at the 13 May 2020 Council meeting. Council adopted it’s 2020-21 CAP at the 8 July 2020 Council meeting. COVID-19 On 12 March 2020, the World Health Organisation declared COVID-19 a global pandemic, prompting governments to initiate pandemic plans to manage spread of the virus. On 16 March 2020, a State of Emergency was declared in Victoria, allowing Victoria’s Chief Health Officer to implement measures to contain the spread and reduce the risk to health of the community. The State of Emergency was extended to 16 August 2020, and further extension is a possibility. The COVID-19 situation and emergency directives for responding to the pandemic have disrupted Council operations with direct impacts on some services. These directives and Council’s response to relief and recovery priorities for the local community has affected delivery of the 2019-20 Council Action Plan. 3. Issues Attachment 1 provides the Annual Performance Report, incorporating the fourth quarter results, with detailed results for all deliverables. A summary is below, showing progressive results for each quarter through the year. Quarterly progress on Deliverables End of Year Status Q1 Q2 Q3 Q4 Percentage Achieved 3 4 8 36 74% On Target 44 40 31 5 10% Behind Target 2 5 10 8 16% Discontinued 0 0 0 0 - On Hold 0 0 0 0 - Fourth Quarter Progress In the fourth quarter the extended emergency caused further delays. At the end of 2019-20, 8 CAP deliverables were behind-target. This has resulted in the need to establish revised targets for the following CAP deliverables: • CAP 2 - present the Community Food Hub Feasibility Study at a Councillor briefing, revised to first quarter;

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• CAP 8 - construct female friendly change rooms at Cole Reserve, revised to first quarter; • CAP 11 - present progress for implementing the Living and Ageing Well in Moreland Framework at a Council meeting, revised to third quarter; • CAP 12 - provide an update on a post-NDIS rollout service review at a Councillor briefing, revised to third quarter; • CAP 13 - present a proposal for redeveloping the Hadfield MCH and Kindergarten at a Councillor briefing, revised to fourth quarter; • CAP 34 - present a heritage gaps study at a Council meeting, revised to first quarter; • CAP 54 - complete concept design for the next streetscape project, revised to fourth quarter; • CAP 67 - construct the Fleming Park grandstand, revised to second quarter.

The attached Annual Performance Report includes the COVID-19 impacts on these and other CAP deliverables in 2019-20. The report also includes the completed CAP deliverables for 2017-18 and 2018-19, to present a consolidated result for the first three years of the Council Plan. Attachment 2 is a proposed addendum to Council’s adopted 2020-21 CAP, for those 2019-20 deliverables with revised target dates in 2020-21. These additions would be included in Council’s adopted CAP deliverables for quarterly performance reporting in 2020-21. Environmental implications The Council Plan delivers on Council’s Strategic Objective 2 – Progressive City, addressing our key challenges through the following key priorities: • Enhance liveability, affordability and sustainability by guiding growth, and excellence in urban design and development; • Facilitate a demonstrable shift to more sustainable modes of transport that also targets a long-term reduction in car use; • Increase tree canopy cover, enhance existing open space and create at least two new parks, in areas with the lowest access to open space; • Move to a proactive approach to managing construction impacts resulting from population growth in our city; • Develop a clear and funded approach to achieve zero carbon emissions by 2040; • Invest in the revitalisation of shopping and trading precincts; • Enhance the environmental outcomes of Council waste services and increase the communities’ awareness/participation in environmental initiatives to reduce waste to landfill. Social implications The Council Plan delivers on Council’s Strategic Objective 1 – Connected Community, addressing our key challenges through the following key priorities: • Achieve higher levels of social cohesion for our multicultural, established and newly arrived community, by fostering opportunities for shared learning and celebration; • Set a clear vision and strategy for aquatics, leisure and sporting facilities to meet ongoing community needs;

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• Determine the best way for Moreland to continue supporting our community throughout, and after Aged Care and NDIS reforms; • Enhance family and children’s services to meet the needs of Moreland’s growing population and increasing birth rate; • Better equip our young people for employment and provide opportunities to actively participate in civic life; • Help people feel safer in our neighbourhoods. Regional/strategic implications The Council Plan delivers on Council’s Strategic Objective 2 – Progressive City, addressing our key challenges through the following key priorities: • Support the local economy and trading environments to enhance economic activity and promote local jobs; • Strengthen and invest in the significant creative sector in Moreland and enhance its standing as a destination for the arts. The Council Plan delivers on Council’s Strategic Objective 3 – Responsible Council, addressing our key challenges through the following key priorities: • Improve resident satisfaction to 90 per cent with Council’s performance in customer service; • Reach the top 25 per cent of all Councils for improved community satisfaction with Council’s engagement practices; • Maintain and match our infrastructure to community needs and population growth; • Provide transparent and effective governance of Council’s operations; • Operate without seeking an exemption from the rate cap through efficient use of Council’s skills and financial resources; • Enable Council’s workforce to be mobile and accessible, supported by smart and efficient technologies. 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 Advice was obtained from Council officers to provide performance results for the Fourth Quarter CAP Performance Report in Attachment 1 and the proposed addendum to the 2020/21 CAP Performance Report in Attachment 2. 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 deliverables in the Council Action Plan were funded through the 2019/20 budget and supported by the 2019-20 program for capital and operational projects. 7. Implementation The annual performance results for the Council Action Plan will be made available on Council’s website.

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Attachment/s 1⇩ Council Action Plan 2019/20 - Fourth Quarter Performance Report D20/160022 2⇩ Addendum to Year 4 Council Action Plan D20/305012

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DBT18/20 GOVERNANCE REPORT - AUGUST 2020 - CYCLICAL REPORT (D20/286934) Director Business Transformation Corporate Governance

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 Committee to Council; • Records of Assemblies of Councillors; • Responses to Community Question Time items from the 8 July 2020 Council meeting; • The date and time for the Hearing of Submissions Committee for the proposed temporary closure of Sumner Street, Brunswick East. This report recommends that Council notes the Reports from Committee to Council, Records of Assemblies of Councillors, responses to Community Question Time items and sets a date for meeting of the committee to hear submissions in relation to the proposed closure of Sumner Street, Brunswick.

Officer Recommendation That Council: 1. Notes the reports from Committees to Council, at Attachment 1 to this report and in accordance with the recommendation of the Friends of Aileu Community Committee, endorses the Friends of Aileu Strategy Plan 2020. 2. Notes the Records of Assemblies of Councillors, at Attachment 2 to this report. 3. Notes the responses to Community Question Time items from the 8 July 2020 Council meeting, at Attachment 3 to this report. 4. Sets the Hearing of Submissions Committee for the proposed temporary closure of Sumner Street, Brunswick East to be held on Monday 24 August 2020, at 5.30 pm, by video conference as meeting in person is inappropriate due to social distancing requirements resulting from the COVID-19 pandemic.

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1. Policy Context 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. Council’s advisory committees have been established to provide advice to Council on their area of focus. Section 80A of the Local Government Act 1989 (the Act) sets out the context in which the Assembly of Councillors Records must be reported to Council. In accordance with the Meeting Procedure Local Law 2018, at its meeting on 25 March 2020 Council resolved that Public Question Time would not be held during the State of Emergency declared in Victoria in response to the COVID-19 pandemic. Council further determined that community question time would be held, providing the opportunity for three questions to be asked and answered at a Council meeting and all remaining questions taken on notice, to receive a written response. Section 223 of the Act, provides that Council, having invited written submissions, must provide the opportunity, for anyone indicating in their written submission they want to speak in support of a submission, to be heard. 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: • Audit and Risk Committee meeting held on 23 June 2020; and • Friends of Aileu Community Committee meeting held on 7 July 2020. Following the decisions by Hume and Moreland Councils to renew the Friendship Agreement with Aileu, an updated Friends of Aileu Strategy Plan 2020 (Plan) has been developed. At the meeting on 7 July, the Friends of Aileu Community Committee reviewed and endorsed the updated Plan and recommended it for Council approval. Assemblies of Councillors An Assembly of Councillors is a meeting of an advisory committee of the Council, if at least one Councillor is present, or a planned or scheduled meeting of at least half of the Councillors and one member of Council staff which considers matters that are intended or likely to be the subject of a decision of the Council or delegate. Some examples include Councillor Briefings, meetings with residents/developers/ clients/organisations/government departments/statutory authorities and consultations. Councillors further requested that all Assembly of Councillors Records be kept for Urban Planning Briefing meetings, irrespective of the number of Councillors in attendance.

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Records of Assemblies of Councillors received since the matter was last reported to Council in July are presented at Attachment 2 to this report: • Moreland Transport Advisory Committee held on 9 February 2017, 31 May 2017, 1 March 2018, 4 June 2019, 5 September 2019, 3 March 2020 • Coburg Square – Oversight Committee held on 17 June 2020. • Audit and Risk Committee held on 23 June 2020; • Councillor Briefings held on 29 June, 13 and 27 July 2020; • Brunswick Advisory Group meeting held on 20 July 2020; • Planning application briefing held on 20 July 2020; and • Moreland Human Rights Advisory Committee held 23 July 2020. Community Question Time Responses – July 2020 Council determined at its Special Meeting on 25 March 2020 that during the State of Emergency, public question time at Council meetings would not take place, and instead questions from the community would be submitted online, at the Mayor’s discretion three questions would be responded to at the meeting and any remaining questions would be responded to in writing. At the 8 July Council Meeting, the Mayor responded to three questions from the community, written responses for the remaining questions are provided in Attachment 3 of this report. Hearing of submissions Sumner Street, Brunswick East - temporary road closure At its meeting on 11 December 2019, Council resolved (DCF91/19) to maintain temporary road closure barriers in Sumner Street, Brunswick East and progress permanent road closure works for Peers Street, Brunswick East. These closures are an appropriate method of preventing traffic from the East Brunswick Village from using local streets east of Nicholson Street to rat-run, rather than using the arterial roads. Council also sought a further report, once the Nicholson Street/Sumner Street intersection construction works were completed, to investigate the option of moving the point of closure on Sumner Street from Noel Street to Nicholson Street, Brunswick East. Following the completion of the further investigation, Council received a report at its 13 May 2020 meeting and determined to commence the process required under the Act to erect temporary barriers in Sumner Street from Nicholson Street to a point 11 metres further east to block the passage of vehicles other than bicycles, for the purpose of a genuine traffic diversion experiment. Council determined to give public notice of the proposal and invite written submissions. As the Leader newspapers in Moreland are no longer being published, the public notice was given in the Age. Council appointed the Mayor as Chair and all South Ward Councillors to a committee to hear from submitters wishing to speak to their written submissions. A date for that meeting was not set. The period for receiving written submissions closes on 18 August 2020 and it is proposed the Hearing of Submissions committee meets at 5.30 pm on Monday 24 August 2020. Depending on social distancing requirements, and in order to ensure community members, Councillors and staff are safe, it may be required to hold the hearing of submissions meeting via a video conferencing platform.

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Human Rights Consideration There are no Human Rights implications arising from this report. 4. Consultation 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. Community Question Time provides a continued opportunity for the community to direct their questions to the Council during the COVID-19 State of Emergency. 5. Officer Declaration of Conflict of Interest Council officers involved in the preparation of this report have no conflict of interest in these matters. 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, Assemblies of Councillors and On Notice items, will continue to be reported to Council monthly. Subject to Council’s decision, submitters will be advised of the time and date of the Hearing of Submissions Committee meeting.

Attachment/s 1⇩ Reports from Committee to Council August 2020 D20/314539 2⇩ Assemblies of Councillor Record August 2020 Council Meeting D20/315048 3⇩ Community Question Time 8 July 2020 Council Meeting responses D20/324156

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DCF37/20 PROPOSED PERMANENT CLOSURE - JOHN STREET BRUNSWICK EAST (D20/295861) Director City Futures City Change

Executive Summary At its February 2020 meeting, Council considered a report (DCF7/20) on improving safety of cyclists travelling along the East Brunswick shimmy on John Street in Brunswick East by beginning the consultation process for the permanent closure of John Street at the Albert Street end. At this meeting, Council resolved that officers “first consult with the community around John and Hutchinson Street, before a decision is made in regard to the permanent closure of John Street,” Brunswick East. The trial closure on John Street, at the Albert Street end, has now been in place since 19 September 2019. In accordance with the August 2019 decision (DCF63/19), in addition to John Street, Council officers have collected traffic count data in seven neighbouring streets to assess the redistribution of traffic in the area as a result of the closure. These results were presented to council in February 2020 (DCF7/20). The data has shown that traffic volumes have decreased significantly in John Street. While there have been minimal changes to speed and volume of the neighbouring local streets (French Avenue, Ethel Street, Deakin Street and Methven Street), relatively minimal changes to speed and volume in the major and collector roads (Glenlyon Road and Albert Street), a more noticeable increase in volume was recorded for Hutchinson Street. Hutchinson Street has seen an increase from 448 vehicles per day to 827 vehicles per day. While this is a large increase in the previous volumes, this is still well within intervention limits of up to 3,000 vehicles per day for a local street and is not uncommon for a local road close to the CBD. However, this increase combined with Council’s resolution for report DCF7/20 in February 2020, has resulted in Council officers seeking community views on the option of a set of three speed humps along Hutchinson Street to manage this change which could be installed in conjunction with permanent closure of John Street if approved by Council (Attachment 1). The speed humps could assist in deterring some cut through traffic that has been pushed onto Hutchinson Street from the John Street closure. Council officers have now circularised and surveyed the residents regarding the proposal to include a set of three speed humps in Hutchinson Street. Of the 950 owners and occupiers who were circularised, 51 responses were received. 22 of these 51 responses were residents of Hutchinson Street. In total, 38 of the responses supported the installation of speed humps along Hutchinson Street, with 13 residents not supporting the proposal. Of the 22 Hutchinson Street responses, a total of 16 residents voted in support of the speed humps, whilst six residents voted against the proposal. The majority of responses received for the installation of speed humps in Hutchinson Street supported this however only five per cent of people notified responded. Despite the support from those submission, officers do not recommend this treatment given the very low traffic volumes and weighing up that there are many other streets across the municipality that are a higher priority for the installation of speed humps than Hutchinson Street. As such it is recommended that Council now measures community support for making the John Street road closure permanent without speed humps or other measures on Hutchinson Street. The closure is proposed to be at a point of up to eight metres from Albert Street so that infrastructure to support the closure does not affect the longitudinal footpath along Albert Street. This can be done by commencing the process for making the trial closure permanent, which would trigger the same comprehensive consultation process required for the trial. It is important to note that due to the upcoming Local Government elections and caretaker period a report on the outcomes of the Section 223 process will not be received until April 2021.

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Officer Recommendation That Council: 1. Approves the commencement of the process under Section 207, Schedule 11, Clause 10(1)(c) of the Local Government Act 1989 to erect permanent barriers in John Street, Brunswick East, from Albert Street to a point eight metres to the south of Albert Street to block the passage of vehicles other than bicycles. 2. In accordance with section 207A and 223 of the Local Government Act 1989, gives public notice of the proposal to permanently block the passage of vehicles other than bicycles in John Street, Brunswick East, in the Moreland and Northern Leader newspapers and on Council’s website, and writes to owners and occupiers of all properties in the area bounded by Nicholson Street, Glenlyon Road, Hutchinson Street, Fleming Park and Victoria Street in Brunswick East inviting submissions. 3. Notes that, due to the upcoming caretaker period, local government elections, holiday season and desire to have the consultation close to the Hearing of Submissions Committee meeting and Council meeting to decide, the public notice period will be undertaken in February 2021. 4. Appoints the South Ward Councillors to a Committee with a Chair to be nominated by those Councillors to hear any submitters requesting to be heard in support of their written submission. 5. Notes the Hearing of Submissions Committee meeting will be held on a date and time to be set, at the Moreland Civic Centre, 90 Bell Street, Coburg or online if appropriate. 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 temporary traffic diversion experiment and the report from VicRoads on the proposal, with a recommendation on whether to proceed. 7. Notes the results of the consultation undertaken regarding an option to install traffic management in Hutchinson Street, Brunswick East.

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REPORT

1. Policy Context Council’s Moreland Integrated Transport Strategy 2019 includes Headline Action 3 – use of road closures to support mode shift, reduce rat-running, and encourage take up of cycling by less confident riders. The closure of John Street will assist in reducing rat running along a key cycling shimmy route, thus improving cyclist safety and aiding mode shift. 2. Background At the August 2019 Council meeting, Council considered a report (DCF63/19) on improving safety of cyclists travelling along the East Brunswick shimmy on John Street in Brunswick East. Council resolved: a) Under Section 207, Schedule 11, Clause 10(1)(c) of the Local Government Act 1989, to erect temporary barriers in John Street, Brunswick East to a point eight metres south of Albert Street to block the passage of vehicles other than bicycles, for the purpose of a genuine traffic diversion experiment, as published in public notices, on 13 and 14 May 2019 with a further report to be presented to Council five months after the trial closure. b) Council officers undertake traffic counts before and during (approximately 2-3 months after the closure has been implemented) the temporary closure in John Street, Hutchinson Street, Albert Street, Glenlyon Road, Ethel Street, French Avenue, Clarke Street, Deakin Street and Methven Street in Brunswick East, to assess the redistribution of traffic in the area as a result of the closure. c) Based off traffic volume data during the trial closure, Council officers assess whether redistributed traffic requires additional traffic calming strategy in neighbouring streets. d) Council officers monitor the queuing at the intersection of Glenlyon Road and Nicholson Street, Brunswick East before and during the temporary closure. e) Council receives a further report in early 2020 on the impacts of the traffic diversion experiment in John Street, Brunswick East to a point eight metres south of Albert Street. f) Council officers notify all those previously notified in writing, including those who made submissions and Department of Transport, of Council’s decision. The temporary closure was put in place and traffic volume data was collected. At the February 2020 meeting Council considered report DCF7/20 seeking to improve the safety of cyclists travelling along the East Brunswick shimmy on John Street in Brunswick East by beginning the consultation process for the permanent closure of John Street at the Albert Street end. At this meeting Council resolved: ‘That Council receives a (further) report in July 2020 following consultation with the community around John and Hutchinson Street, Brunswick East before a decision is made in regard to the permanent closure of John Street.’ 3. Issues During the trial closure of John Street, Brunswick East, one of the common concerns raised was the increased volumes in Hutchinson Street and the view of a number of submitters that this has created a dangerous environment for residents of the street. There have been some reports to Council by residents of Hutchinson Street about the increase in both volume and speed warranting review of the traffic count data. Most neighbouring streets have experienced negligible changes in volume and speeds and as such do not require any attention.

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However, Hutchinson Street, Brunswick East, has experienced an increase in volume of 379 vehicles per day. Further to Councils resolution to DCF7/20, officers consulted on an option with residents for the installation of a set of three speed humps along Hutchinson Street at the same time the permanent closure is put in place (if it were to go ahead). This option may help with deterring the additional traffic volume that has been diverted down Hutchinson Street since the John Street temporary closure has been put in place. Over 950 owners and occupiers were circularised in the option to have three speed humps installed on Hutchinson Street, in the area bounded by Nicholson Street, Glenlyon Road, Hutchinson Street, Fleming Park and Victoria Street, with 51 responses received (5 per cent), including 22 residents of Hutchinson Street. In total, 38 of the responses supported the installation of speed humps along Hutchinson Street, whilst a total of 13 residents did not support the proposal. Of the 22 Hutchinson Street responses, a total of 16 residents voted in support of the speed humps, whilst six residents voted against the proposal. While it is acknowledged that traffic volumes in Hutchinson Street nearly doubled (pre COVID-19) when John Street was closed, this increase is still very low and considered well within the capacity of a local road. The doubling of vehicles reached a total of 827 vehicles per day, however compared with the capacity of Hutchinson Street, as a local road, to accommodate, 3,000 vehicles per day this is considered acceptable. Additionally, due to the narrow nature of the road, with vehicles parked on both sides of Hutchinson Street acting as passive traffic calming, along with kerb outstands at the Glenlyon Road end, the speeds within the street have remained relatively unchanged. With an 85th percentile speed of 39.1 kilometres per hour and an average speed of 33.5 kilometres per hour the speeds observed are still below the posted speed limit of 40 kilometres per hour. As Council prioritises its annual capital works budget on vehicle volume, speeds and crash data, there are numerous locations across the municipality where funds should be prioritised over Hutchinson Street for traffic calming measures based on existing traffic count data, crash statistics and/or their strategic function within the network. Consequently, it is recommended to maintain the existing conditions of Hutchinson Street and pursue the permanent closure of John Street at the Albert Street end. A permanent John Street closure will see an improvement to the connectivity between Fleming Park and John Street, with a redesign at the intersection expected to see a pedestrian and bicycle priority crossing point. Human Rights Consideration The implications of this report have been assessed in accordance with the requirements of the Charter of Human Rights and Responsibilities. The recommendations for the closure of John Street does not limit or interfere with any Human Rights, in particular ‘Section 12 - right to freedom of movement’ as residents will continue to have access to their properties. 4. Consultation The impacts of COVID-19 had obstructed Council’s ability to undertake engagement through usual approaches until Council’s resolution at the July 2020 meeting to recommence this activity in relation to traffic matters. Subsequently a survey of affected residents regarding the option to include traffic calming, in the form of speed humps, along Hutchinson Street has since been undertaken. Previously a letter was sent to owners and occupiers of all properties in the area bounded by Nicholson Street, Glenlyon Road, Hutchinson Street, Fleming Park and Victoria Street in Brunswick East; the results of which were reported in February 2020 (DCF7/20).

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If Council resolves to progress to the final stage of approving the permanent closure, public notice of the proposal is required to permanently block the passage of vehicles, other than bicycles on John Street at the Albert Street end, and to invite submissions in accordance with the requirements of sections 223 and 207A of the Local Government Act 1989. The public notice will be placed in The Age newspaper, on Council’s website, and owners and occupiers of all properties in the area bounded by Nicholson Street, Glenlyon Road, Hutchinson Street, Fleming Park and Victoria Street will be notified directly. This will enable the community to advise Council of the impact of the permanent road closure, which in turn, will allow Council to make a fully informed decision on whether to proceed with the permanent closure. It is important to note that due to the upcoming Local Government elections and caretaker period in combination with the requirements of section 223 and the need to ensure that the consultation process is closely followed by the hearing of submissions, Council officers will not be able to undertake consultation until after the election in November. With the added complexity of the holiday period, the consultation is proposed for February 2021 with a hearing of submissions proposed to be held in early March 2021 which will then inform a report to Council in April 2021. 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 permanent closure, along with the installation of speed humps along Hutchinson Street (as outlined in Attachment 1) will cost a minimum of approximately $270,000 for construction. Detailed designs need to be undertaken to have more confidence in the cost. Should Council proceed not to install the speed humps this cost reduces to a minimum of approximately $250,000. 7. Implementation Subject to Council’s decision: Public notice will be given in accordance with the Local Government Act 1989, of the proposal to make the existing trial road closure in John Street, Brunswick East permanent, seeking submissions from the community in February 2021. Should any submitters indicate a desire to be heard in support of their written submission, the hearing of submissions committee established by Council will meet in March 2021. Following the community consultation process, a report will be presented to Council providing details of submissions received with a recommendation whether to proceed or not with the permanent closure in April 2021. If supported the construction works are planned to be completed by mid-2021.

Attachment/s 1⇩ Hutchinson Street Speed Hump Proposal - John Street Closure 17 D20/295802 July 2020

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DCF38/20 AMENDMENT C192 - BRUNSWICK ACTIVITY CENTRE INDUSTRIAL LAND REZONING - DECISION GATEWAY 1: AUTHORISATION (D20/276331) Director City Futures City Strategy and Design

Executive Summary On 9 October 2019 Council resolved to rezone land at 197-199 Albion Street Brunswick and 98-102 Albert Street Brunswick East from Industrial 3 Zone to Commercial 1 Zone once both property owners had entered into a Section 173 Agreement (Agreement) requiring both employment uses and affordable housing to be provided as part of any redevelopment. Whilst the drafting of an Agreement is underway for the Albert Street properties, the owner of the Albion Street property no longer wishes to be part of the Amendment process. A new resolution of Council is required to remove the Albion Street property from Amendment C192. It is also appropriate to change the Amendment C192 documents to include the Albert Street properties within the Environmental Audit Overlay (EAO). A previously adopted amendment that proposes to apply the EAO to the Albert Street properties and others within the Brunswick Activity Centre (C164 Part 1B) has been placed on hold by the Department of Environment Land Water and Planning. As this amendment proposes to rezone the land to allow sensitive uses and may be approved by the Minister for Planning first, applying the EAO along with the rezoning and removing it from C164 Part 1B is appropriate.

Officer Recommendation That Council: 1. Determines not to proceed with point 2 of its decision of 9 October 2019 with respect to Council Report DCF78/19 - Amendments C192 And C193 - Brunswick Activity Centre Industrial Land Rezoning - Decision Gateway 1: Authorisation and Exhibition - Council Action Plan Item. 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 1 to this report, following the execution of a Section 173 Agreement on title for the properties at 98, 100 and 102 Albert Street, Brunswick East 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. Requests that the Minister for Planning: a) Amends Amendment C193 to the Moreland Planning Scheme to include the property at 197-199 Albion Street, Brunswick prior to determining whether or not to authorise the Amendment; and b) Amends Amendment C164 Part 1B to the Moreland Planning Scheme to remove reference to the application of the Environmental Audit Overlay over the properties at 98, 100 and 102 Albert Street, Brunswick East.

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REPORT

1. Policy Context Council Action Plan The Council Plan 2017-2021, contains strategic initiatives to: • Enhance liveability, affordability and sustainability by guiding growth, and excellence in urban design and development; and • Support the local economy and trading environments to enhance economic activity and promote local jobs. Council Action Plan item 24 includes the implementation of Moreland Industrial Land Strategy 2015-2023 (MILS) for the Brunswick Activity Centre as a deliverable item under the plan (Council Plan reference P1d)). Progressing this project will assist in completing this CAP item. The Moreland Industrial Land Strategy (2015-2030) The MILS provides a clear land use framework for all industrial land across Moreland. The framework seeks to maintain an appropriate supply of industrial and other commercial zoned 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. It also seeks to contribute to economic regeneration through the transition of specific precincts of industrial zoned land to accommodate more diverse employment opportunities and to contribute to housing supply. The MILS retains Moreland’s three large concentrations of industrial zoned land in Brunswick, Coburg North and Newlands, and a number of smaller concentrations of industrial land are also recommended for retention. The MILS allows for the transition of other industrial precincts to prioritise alternative employment uses and, in some instances, to allow for a transition to multi-use or residential outcomes. The MILS also provides a level of certainty regarding the long term expectations for precincts. This will discourage land banking and speculation and allow land owners and occupiers to invest in their businesses. The MILS categorises all industrial land into one of the following three categories: Category 1 - Core Industry and Employment areas • Maintain for industry and other employment uses including office and restricted retail and prohibit new residential uses. Category 2 - Employment areas • Support the transition from industrial uses to a broader range of employment uses and prioritise employment over residential uses. Category 3 - Transition - Residential areas • Support transition to facilitate quality residential development to contribute to Moreland’s housing supply.

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The land at 98-102 Albert Street, Brunswick East is included in a Category 2 MILS area. 2. Background The strategic merit of rezoning of the properties at 98 – 102 Albert Street, Brunswick East has been previously confirmed through a separate process via Amendment C164. This process included public exhibition and consideration by an independent planning panel who supported the proposed rezoning. Rezoning of these sites has also been previously endorsed by Council (DED70/18). On 9 October 2019 Council resolved (DCF78/19) to rezone land at 197-199 Albion Street Brunswick and 98-102 Albert Street Brunswick East from Industrial 3 Zone to Commercial 1 Zone once both property owners had entered into a Section 173 Agreement (Agreement). The Agreement requires that 30 per cent of the land is used for employment generating uses and 20 per cent affordable housing. Whilst the drafting of an Agreement is underway for the Albert Street properties, the owner of the Albion Street property no longer wishes to be part of the process. A new Council resolution is required to remove the Albion Street property from Amendment C192. The second change applies to the Amendment documents and includes the Albert Street properties within the Environmental Audit Overlay (EAO). A previously adopted amendment that proposed to apply the EAO to these properties and others within the Brunswick Activity Centre (C164 Part 1B) has been placed on hold by the Department of Environment Land Water and Planning. The application of an EAO on the Albert Street properties has previously been endorsed by Council (DED70/18), supported by an Independent Planning Panel and is supported by the landowner. As this amendment proposes to rezone the land to allow sensitive uses and given that this Amendment may be approved first, applying the EAO along with the rezoning and removing it from C164 Part 1B is appropriate. 3. Issues Potential for contamination The requirements for referring an amendment to the Environment Protection Authority have altered since authorisation of Amendment C164. Fresh advice has been sought from the Authority with respect to 98, 100 and 102 Albert Street. The advice received suggests that Council undertakes a detailed assessment of whether it is appropriate to include the land within the Environmental Audit Overlay. As part of Amendment C164 a detailed desktop assessment which included visual inspections, research of historic and current land uses and consideration of the potential for sub-soil / groundwater contaminants from adjoining properties was undertaken by expert geotechnical engineers. The assessment confirmed the appropriateness of including each of the land parcels within the Overlay. The use of the Overlay has also been considered appropriate by the Independent Panel for Amendment C164 and is supported by the land owner. Registration of the Section 173 Agreement Council has received advice to indicate that there are appropriate mechanisms to delay registration of the Section 173 Agreement on title until such time as the Minister for Planning approves the Amendment. Execution of the Agreement by all parties before the Amendment is submitted to the Minister and then registration after the Minister’s approval ensures that the Agreement is registered on title only when the Commercial 1 Zone comes into effect. This is consistent with Council’s intent.

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Implications for 197-199 Albion Street, Brunswick Removal of the Albion Street property from Amendment C192 would mean that it should be included within the properties proposed to be rezoned Commercial 3 Zone by Amendment C193 (DCF78/19, Amendment C193). Authorisation of that amendment is being considered by the Department of Environment Land Water and Planning. Discussions with officers of the Department have indicated that Council may seek to have the amendment altered to include the Albion Street property prior to authorisation. The recommendation includes that Council request the Minister alter Amendment C193 prior to authorisation. If the Minister determines not to alter Amendment C193, there is an option for Council to pursue a separate amendment for this property. Human Rights Consideration The implications of this report have been assessed in accordance with the requirements of the Charter of Human Rights and Responsibilities. It is considered that the proposed modifications to Amendment C192 will not impact upon Human Rights, including property rights, enjoyed by the relevant landowners. If the Albion Street property is included in Amendment C193, public exhibition of that Amendment will afford the land owner the opportunity to make a submission which will be considered by an independent planning panel in making a recommendation regarding the Amendment. 4. Consultation Previous consultation on Amendment C164 The previous Amendment C164 involved extensive consultation throughout the Amendment process between 16 November 2017 and 22 January 2018. This included direct notification to affected properties, drop in sessions facilitated by staff from the Strategic Planning Unit, consideration through several Council reports at public Council meetings, individual meetings with landowners and a public Panel hearing process. Councillors have been consulted and updated throughout the C164 Amendment process, including prior to each of the decision gateways for the Amendment in August 2017, April 2018, November 2018 and on 23 April 2019. Amendment C192 It is proposed to request the Minister for Planning to use his powers under Section 20(4) of the Planning and Environment Act 1987 to prepare, adopt and approve Amendment C192. This would mean that there would be no further consultation with landowners or the community. Amendment C192 is proposed to apply to 98-102 Albert Street, Brunswick East and seeks the same policy outcomes as the previous Amendment C164. There are no proposed changes to the additional controls for parking, contamination and built form controls, including height. The difference is the removal of the Albion Street properties from the Amendment documentation and registration of a section 173 Agreement on the land title. It is not expected that the amendment would raise any additional issues that haven’t been considered and addressed through the previous process. It is further noted that the Panel which considered Amendment C164 supported the amendment and the application of the Commercial 1 Zone and relevant overlays to these properties. Council officers have discussed this process with officers at Department Environment Land, Water and Planning, however should the Minister refuse the request then the option would still be available for Council to pursue a standard amendment process which includes public exhibition.

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Amendment C193 Upon authorisation of Amendment C193, the amendment will proceed to public exhibition. 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 administer this amendment 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 A request to prepare, adopt and approve the Amendment pursuant to section 20(4) of the Planning and Environment Act 1987 will be lodged with the Minister for Planning once the Section 173 Agreement for the properties at 98, 100 and 102 Albert Street, Brunswick is executed (signed by all parties). Following approval and gazettal of Amendment C193, the Section 173 Agreement can be lodged with Land Use Victoria for registration on title.

Attachment/s 1⇩ Amendment C192 D20/252466

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DEP8/20 NAMING 33 OUTLOOK DRIVE GLENROY (D20/255955) Director Engagement and Partnerships Property

Executive Summary Council acquired 33 Outlook Drive, Glenroy from VicTrack in June 2019. The site forms part of the Moonee Ponds Creek linear parklands, providing valuable green open space with shared trails connecting north and south between Kingsford Smith Ulm Reserve and Fran Street play space, and also across the Moonee Ponds Creek to Gowanbrae, as shown in Attachment 1. Council undertook a public consultation to seek naming suggestions during August 2019. Council officers reviewed all 16 naming suggestions in line with the State Government’s Geographic Names Victoria (GNV) - Naming rules for places in Victoria, Statutory requirements for naming roads, features and localities – 2016 (the Naming Rules) and Council’s Naming Moreland Places Policy preference criteria. On 10 June 2020 Council resolved (EMF18/20) to give public notice for a voting poll to name the park and endorsed the following names: Bunjil, Murnong, Djirri Djirri and Viaduct for the poll. Public notice to vote was given on Council’s website, on Council’s community engagement platform Conversation Moreland, in The Age and Herald Sun newspapers and letters were sent to property owners and occupiers in the vicinity of the park as well as key stakeholders. Votes were received via email, mail/post and the Conversations Moreland website. A total of 95 votes were received, with Djirri Djirri receiving 39 votes, representing 41 per cent. The results of the voting are included at Attachment 2. It is recommended that Council endorses the name Djirri Djirri Reserve as an outcome of strong community support in the voting poll.

Officer Recommendation That Council: 1. Endorses the name Djirri Djirri Reserve for the new park at 33 Outlook Drive, Glenroy. 2. Endorses a picture of the Willy Wagtail on the park sign to indicate the meaning of Djirri Djirri. 3. Authorises the Director Engagement and Partnerships to do all things required to formalise the name with Geographic Names Victoria.

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REPORT

1. Policy Context Submissions for naming must meet the mandatory naming rules and principles of Geographic Names Victoria’s Naming rules for places in Victoria, Statutory requirements for naming roads, features and localities – 2016 (the Naming Rules). Submissions are also considered with preference given to Council’s Place Naming Preference Criteria as set out in Naming Moreland Places Policy (the Policy). 2. Background Council acquired 33 Outlook Drive, Glenroy from VicTrack in June 2019. It is a 32,000 square metre site which forms part of the Moonee Ponds Creek linear parklands. The site provides valuable green open space with shared trails connecting north and south between Kingsford Smith Ulm Reserve and Fran Street play space, and also across the Moonee Ponds Creek to Gowanbrae, as shown in Attachment 1. Council officers undertook a public consultation process to seek naming suggestions during August 2019. Officers reviewed all 16 naming suggestions in line with the State Government’s Geographic Names Victoria (GNV) - Naming rules for places in Victoria, Statutory requirements for naming roads, features and localities – 2016 (the Naming Rules) and Council’s Naming Moreland Places Policy preference criteria. 3. Issues On 10 June 2020 Council resolved (EMF18/20) to give public notice for a voting poll to name the park and endorsed the following names: Bunjil, Murnong, Djirri Djirri and Viaduct A voting poll is part of the naming process to ensure any chosen name will have community support, in accordance with the naming rules. Following the public vote, with consideration given to any objections, the names with the majority of votes are proposed to become the official name, subject to Council endorsement. No objections to the names were received. Votes were received via email, mail/post and the Conversations Moreland website. 95 votes were received, with Djirri Djirri receiving 39 votes or 41 per cent of the total. These results are included at Attachment 2. If Council resolves to refine, change or add to the community voted name, the name must be assessed against the naming rules and Council must undertake another round of community consultation to determine community support for the name. 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 Public consultation seeking names occurred during August 2019. A public notice was placed in the Moreland and Northern Leader newspapers seeking submissions from the community until 30 August 2019. The notice was also published on Council’s website and letters were sent to owners and occupiers of properties within 200 metres of the site, the Wurundjeri Tribe and relevant key groups as outlined in the policy. On 21 June 2020, public notice to vote was given on Council’s website, on Conversation Moreland, in The Age and Herald Sun newspapers and letters were sent to property owners and occupiers in the vicinity of the park as well as key consultation groups. This consultation period ended on 21 July 2020.

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Social distancing restrictions have impacted Council’s ability to undertake engagement through usual approaches. Council officers approach community consultation on this matter by using the Conversations Moreland website, phone-in contact, online voting, postal voting and email voting. These methods were advertised in The Age and the Herald Sun newspapers, Conversations Moreland website and Moreland City Council website and supported by increased promotion of the project to the relevant key groups and adjoining properties as outlined in the Policy. 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 costs will be met within the current budget. 7. Implementation Pending Council’s decision, the process to seek Geographic Names Victoria to formalise Djirri Djirri Reserve as the new name for the park at 33 Outlook Drive, Glenroy will commence.

Attachment/s 1⇩ 33 Outlook Drive - site plan D20/214479 2⇩ 33 Outlook Drive naming voting results D20/303595

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DEP9/20 NAMING OF A NEW COMMUNITY HUB ON WHEATSHEAF ROAD GLENROY (D20/282537) Director Engagement and Partnerships Property

Executive Summary Council is building a new Community Hub at 50-62 Wheatsheaf Road, Glenroy, shown in Attachment 1. It is located adjacent to Bridget Shortell Reserve and will be built on the site formerly known as Glenroy Primary School. The facility will contain maternal and child health services, a kindergarten and long day care services, a modern library, community meeting rooms, a community health service, neighbourhood learning centre, and community garden. The facility has not yet been named. Council officers undertook a public consultation to seek naming suggestions during January 2020. Council officers reviewed all 15 naming suggestions in line with the State Government’s Geographic Names Victoria (GNV) - Naming rules for places in Victoria, Statutory requirements for naming roads, features and localities – 2016 (the Naming Rules) and Council’s Naming Moreland Places Policy preference criteria. On 10 June 2020 Council resolved (EMF17/20) to give public notice for a voting poll for a name for the community hub with the following endorsed names: Wheatsheaf, Noogal- nganjin, Glenroy and Nooneinde Bagora. A voting poll is part of the naming process to ensure any chosen name will have community support, in accordance with the Naming Rules. Public notice to vote was given on Council’s website, its community engagement platform Conversation Moreland, in The Age and Herald Sun newspapers and letters were sent to property owners and occupiers of properties within a 200 metre radius of the site including all businesses in the northern section of Wheatsheaf Road, Glenroy, the Wurundjeri Corporation as well as the relevant key groups as outlined in the Policy. Votes were received via email, mail/post and the Conversations Moreland website. Ninety- three votes were received, with Glenroy Community Hub receiving 40 per cent of votes as the preferred name. These results are included at Attachment 2. It is recommended that Council endorses the following name as an outcome of strong community support in the voting poll.

Officer Recommendation That Council: 1. Endorses the name ‘Glenroy Community Hub’ for the name of the new community hub at 50-62 Wheatsheaf Road, Glenroy. 2. Authorises the Director Engagement and Partnerships to do all things required to formalise the name ‘Glenroy Community Hub’ with Geographic Names Victoria.

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REPORT

1. Policy Context Submissions for naming must meet the mandatory naming rules and principles of Geographic Names Victoria’s Naming rules for places in Victoria, Statutory requirements for naming roads, features and localities – 2016 (the Naming Rules). Submissions are also considered with preference given to Council’s Place Naming Preference Criteria as set out in Naming Moreland Places Policy (the Policy). 2. Background Council is building a new Community Hub at 50-62 Wheatsheaf Road Glenroy. It is located adjacent to Bridget Shortell Reserve and will be built on the site formerly known as Glenroy Primary School. The location is shown in Attachment 1. The building will contain maternal and child health services, a kindergarten and long day care services, a modern library, community meeting rooms, a community health service, neighbourhood learning centre, and community garden. The facility is a ‘feature’ in accordance with GNV Naming Rules. Council officers undertook a public consultation to seek naming suggestions during January 2020. Council officers reviewed all 15 naming suggestions in line with GNV Naming Rules and Council’s Naming Moreland Places Policy preference criteria. 3. Issues On 10 June 2020 Council resolved (EMF17/20) to give public notice of a voting poll for a name for the new Community Hub of the following endorsed names: Wheatsheaf, Glenroy, Nooneinde Bagora and Noogal-nganjin (incorrectly spelt in that report as Moofai-nganjin - this spelling mistake was corrected in all consultation processes for the Voting Poll). A voting poll is part of the naming process to ensure any chosen name will have community support, in accordance with the Naming Rules. Public notice to vote was given on Council’s website, on Conversation Moreland, in The Age and Herald Sun newspapers and letters were sent to property owners and occupiers of properties within a 200 metre radius of the site including all businesses in the northern section of Wheatsheaf Road, Glenroy, the Wurundjeri Corporation as well as the relevant key groups as outlined in the Policy Following the public vote, with consideration given to any objections, the names with the majority of votes are proposed to become the official name, subject to Council endorsement. No objections to the names were received. Votes were received via email, mail/post and the Conversations Moreland website. Ninety-three votes were received, with Glenroy Community Hub receiving 40 per cent of votes as the preferred name. These results are included at Attachment 2. If Council resolves to refine, change or add to the community voted name, the name must be assessed against the Naming Rules and Council must undertake another round of community consultation to determine community support for the name. Human Rights Consideration The implications of this report have been assessed in accordance with the requirements of the Charter of Human Rights and Responsibilities. Moreland’s Human Rights Policy is committed to Aboriginal Communities particularly the Wurundjeri people and reconciliation by recognising the traditional custodians of the land. Choosing an Indigenous name will increase awareness and strengthen partnerships in the community.

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4. Consultation Public consultation occurred seeking names. A public notice was placed in the Moreland Leader newspaper on 27 January 2020 and the Northern Leader newspaper on 28 January 2020, seeking submissions from the community until 6 March 2020. The public consultation to vote commenced on Monday 22 June 2020 for 30 days, this notice was placed in the Herald Sun and The Age newspapers. Letters on how to vote were sent to owners and occupiers of properties within 200 metres of the site, the northern section of Wheatsheaf Road, Glenroy, the Wurundjeri Corporation and the relevant key groups as outlined in the policy. Social distancing restrictions have impacted Council’s ability to undertake engagement through usual approaches. Council officers approach community consultation on this matter by using the Conversations Moreland community engagement website, phone- in contact, online voting, postal voting and email voting. These methods were advertised in The Age and the Herald Sun newspapers, Conversations Moreland website and Moreland Council website and supported by increased promotion of the project to the relevant key groups and adjoining properties as outlined in the Policy. 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 costs will be met within the current budget. 7. Implementation Subject to Council’s decision, formal endorsement of the name will be sought by submitting all supporting documents to GNV to enable the gazettal of the name.

Attachment/s 1⇩ Location plan new community hub Wheatsheaf Road Glenroy D20/296769 2⇩ Voting results for naming community hub on Wheatsheaf Road D20/304195

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DEP10/20 NAMING OF THREE NEW ROADS WITHIN THE SUBDIVISION AT 105 NEWLANDS ROAD COBURG NORTH (D20/283446) Director Engagement and Partnerships Property

Executive Summary Council undertook a public consultation to seek naming suggestions for three new roads within the subdivision at 105 Newlands Road, Coburg North during March/April 2020. 11 naming suggestions were reviewed in line with the State Government’s Geographic Names Victoria (GNV) - Naming rules for places in Victoria, Statutory requirements for naming roads, features and localities – 2016 (the Naming Rules) and Council’s Naming Moreland Places Policy preference criteria. On 10 June 2020 Council resolved (EMF19/20) to give public notice of the voting poll to name the three new roads with the following endorsed names: McIlwraith, Cityview, Enterprise, Wangim, Wirrigirri and Gawan. A voting poll is part of the naming process to ensure any chosen name will have community support, in accordance with the Naming Rules. Public notice to vote was given on Council’s website, on Council engagement platform Conversation Moreland, in The Age and Herald Sun newspapers and letters were sent to property owners and occupiers of properties within a 200 metre radius of the site, the Wurundjeri Corporation as well as the relevant key groups as outlined in the Naming Moreland Places Policy. Votes were received via email, postal mail and the Conversations Moreland website. A total of 108 votes were received, Gawan receiving 25 per cent of votes, Wangim receiving 23 per cent of votes and Wirrigirri receiving 21 per cent of votes as the preferred names for the three roads. These results are included at Attachment 2. It is recommended that Council endorse the following names as an outcome of strong community support in the voting poll.

Officer Recommendation That Council: 1. Endorses the name ‘Gawan Loop’ for the road shown as Road 1 (R1) in Attachment 1 to this report. 2. Endorses the name ‘Wangim Way’ for the road shown as Road 2 (R2) in Attachment 1 to this report. 3. Endorses the name ‘Wirrigirri Close’ for the road shown as Road 3 (R3) in Attachment 1 to this report. 4. Authorises the Director Engagement and Partnership to do all things required to formalise the names above with Geographic Names Victoria.

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REPORT

1. Policy Context Submissions for naming must meet the mandatory naming rules and principles of Geographic Names Victoria’s Naming rules for places in Victoria, Statutory requirements for naming roads, features and localities – 2016 (the Naming Rules). Submissions are also considered with preference given to Council’s Place Naming Preference Criteria as set out in Naming Moreland Places Policy (the Policy). 2. Background Three new roads within the subdivision at 105 Newlands Road Coburg North, described as R1 highlighted green, R2 highlighted yellow, and R3 highlighted red shown in the location plan in Attachment 1 require naming. Council officers undertook a public consultation to seek naming suggestions during March and April 2020. Council officers reviewed all 11 naming suggestions in line with the Naming Rules and the Policy preference criteria. 3. Issues On 10 June 2020 Council resolved (EMF19/20) to give public notice of the voting poll to name the three new roads within the subdivision at 105 Newlands Road Coburg North, with the following endorsed names: McIlwraith, Cityview, Enterprise, Wangim, Wirrigirri and Gawan. A voting poll is part of the naming process to ensure any chosen name will have community support, in accordance with the Naming Rules. Public notice to vote was given on Council’s website, on Conversation Moreland, in The Age and Herald Sun newspapers and letters were sent to property owners and occupiers of properties within a 200 metre radius of the site, the Wurundjeri Corporation as well as the relevant key groups as outlined in the Policy. Following the public vote, with consideration given to any objections, the names with the majority of votes are proposed to become the official names, subject to Council endorsement. No objections to the names were received. Votes were received via email, mail/post and the Conversations Moreland website. 108 votes were received, Gawan receiving 25 per cent of votes, Wangim receiving 23 per cent of votes and Wirrigirri receiving 21 per cent of votes as the preferred names for the 3 roads. These results are included at Attachment 2. If Council resolves to refine, change or add to any of the community voted names, the names must be assessed against the Naming Rules and Council must undertake another round of community consultation to determine community support for the names. Human Rights Consideration The implications of this report have been assessed in accordance with the requirements of the Charter of Human Rights and Responsibilities. Moreland’s Human Rights Policy is committed to Aboriginal Communities particularly the Wurundjeri people and reconciliation by recognising the traditional custodians of the land. Choosing an Indigenous name will increase awareness and strengthen partnerships in the community. 4. Consultation Public consultation occurred seeking names. A public notice was placed in the Moreland Leader newspaper on 23 March 2020 and the Northern Leader newspaper on 24 March 2020, seeking submissions from the community until 20 April 2020.

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The public consultation to vote commenced on Monday 22 June 2020 for 30 days, this notice was placed in the Herald Sun and The Age newspapers. Letters on how to vote were sent to owners and occupiers of properties within 200 metres of the site, the Wurundjeri Corporation and the relevant key groups as outlined in the policy. Social distancing restrictions have impacted Council’s ability to undertake engagement through usual approaches. Council officers approach community consultation on this matter by using the Conversations Moreland website, phone-in contact, online voting, postal voting and email voting. These methods were advertised in The Age and the Herald Sun newspapers, Conversations Moreland website and Moreland Council website and supported by increased promotion of the project to the relevant key groups and adjoining properties as outlined in the Policy. Geographic Names Victoria and Council’s Transport Branch were consulted regarding the assignment of the road extension to each road. 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 costs will be met within the current budget. 7. Implementation Subject to Council’s decision, formal endorsement of the names will be sought by submitting all supporting documents to Geographic Names Victoria to enable the gazettal of the names.

Attachment/s 1⇩ Location Plan - Naming three new roads Coburg North D20/296773 2⇩ Voting results for naming three new roads coburg north D20/304162

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DEP11/20 ACQUISITION OF LAND OWNED BY THE STATE GOVERNMENT AND ITS AGENCIES (D20/287833) Director Engagement and Partnerships Property

Executive Summary At its meeting on 11 December 2019 Council (NOM64/19) resolved to receive a report that assesses the cost of acquiring land parcels sold by the Victorian Government and its Departments or agencies since 2012. Council officers undertook Strategic Assessments of 34 State Government sites measuring a total of 156,000 square metres, with a total market value of $90 million dollars. An analysis is provided at Attachment 1 to this report. Council acquired 23 land parcels (12 overall sites) measuring a total of 86,450 square metres with a full market value of $35.6 million. An exemption was applied subject to the land remaining as open space in perpetuity with a Covenant being registered on title and rezoned to Public Park and Recreation Zone (PPRZ) if required, resulting in the sale price being discounted by up to 90 per cent in some cases depending on the site’s constraints and its development potential. A further nine sites measuring 42,000 square metres with a value of $41.2 million were assessed as not required for Council purposes either due to their size, or proximity to other open space land. Council was also successful in negotiating two leased sites for a peppercorn rental from the State Government. Combined the sites measure approximately 27,800 square metres with a full market value of $13 million. Councillors, Council officers and local State Members of Parliament advocated on several occasions to have sites gifted to Council citing a public benefit, historical use of the site, ongoing use as community asset and management/maintenance of the sites. This was not supported by the State Government as land transactions are governed by the Victorian Government Land Transactions Policy and Guidelines.

Officer Recommendation That Council notes the cost of acquiring land from the State Government and its agencies at Attachment 1 to this report.

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REPORT

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. The Council Plan 2017-2021 recognises Council’s services must respond to the City’s changing form while maintaining and enhancing our transport and open space networks, community facilities and services, and our wellbeing and connectedness of our people. Consideration of the acquisition of land by Council is informed by the following policies, framework and strategies: • State Planning Policy Framework (SPPF); • Park Close to Home: A Framework to Fill Open Space Gaps (the Framework); • Moreland Open Space Strategy 2012-2022 (Open Space Strategy); • Early Years Strategy 2016-2020 and Later Years Strategy 2014-2017; • Affordable Housing Strategy 2014-2018; • Places Action Plans and Brunswick Structure Plan. 2. Background At its meeting on 11 December 2019 Council resolved (NOM64/19) to receive a report that assessed the cost of acquiring land parcels sold by the State Government and its departments or agencies. The Council decision required that the assessment (categories) should include: a) The number and size of the parcels of land declared surplus by the State Government and any of its agencies between 2012 and 2019 inclusive, within the City of Moreland; the costs of considering the purchase of any or all of these parcels of land; the associated costs with considering, bidding, tendering and acquiring the land (for parcels of land that Council was either successful or unsuccessful in purchasing) including staff time, legal, consultant, purchase costs and any other related costs; the suitably of any of the land declared surplus by the State Government or any of its Departments or agencies for treaty negotiations or affordable housing sites; b) An assessment of the benefits of the acquisition and an analysis of lost opportunities Council has experienced over this time with respect to key infrastructure and other projects that have not been able to go ahead, or have been delayed due to re-directing funds for these public land acquisitions; c) Comparison, where practicable, with other Victorian Local Government Authorities with respect to the number of parcels of land sold and the overall value paid to acquire the land sold whether that is for public or private use; d) Consideration of the ‘discounting’ of the sale price by the State Government in these processes and a clearer explanation as to why this is factored into the sale; and e) Reconsideration of where public land sales sits within Council’s public Advocacy Strategy and any opportunities to improve Council’s advocacy on this issue with other Councils and the Municipal Association of Victoria.

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3. Issues There are often different strategic acquisition drivers upon which Council bases its decisions. Five different categories requested in Council’s December 2019 decision are responded to: Category A: Number and size of declared surplus sites by the State Government within Moreland, the cost associated with the assessment and purchase of these sites and their suitability for treaty negotiations or affordable housing: Since 2012, Council officers have undertaken Strategic Assessments of 45 State Government sites measuring over 226,000 square metres, with a total value of $144 million dollars. 23 land parcels (12 overall sites) measuring a total of 86,450 square metres were acquired from the State Government between 2012 and 2019. The purchase price for each site was determined by its current market value at the time of purchase, developable opportunity (highest and best use) and other factors such as its topography, zoning, land constraints (easements, accessibility etc). Most sites were purchased at a discounted price (up to 90%), conditional upon the land being retained as public open space in perpetuity, a covenant to reflect this placed on title and rezoned to Public Park and Recreation Zone if required. The total costs associated with these purchases equalled $550,806 (this included staff time, legal, consultant, purchase and other related costs). A Council decision in 2017 (NOM61/17) required public consultation of any proposed sales of State Government sites. This added additional work which impacted on Council’s resources both in officer time and advertising costs. None of the sites were identified as suitable for affordable housing due to their location. Two sites were obtained by treaty negotiations where Council was made Committee of Management. These sites are the Ballert Mooroop site and the Kids on the Avenue (KOTA) site. Attachments 1 and 2 provide detailed assessment of each site. Category B: Assessment of acquisition benefits and analysis of lost opportunities: Purchasing these sites from the State Government provided the community with the following benefits: • Increased open space within Moreland; • The retention of sites abutting waterways (MOSS – 30 to 50 meter buffer); • Important links (where required) to other abutting Council land for ongoing accessibility to pedestrian trails, bicycle networks that may have otherwise been lost if sold privately on the open market; and • Ongoing protection of native grassland and fauna. Whilst it is acknowledged purchasing State Government land provides for long term benefits, the strategic benefit could have been achieved by purchasing only part of some sites, in particular creating a 30 to 50 meter buffer along waterway corridors where there was no deficiency of Council owned open space land abutting or within the vicinity of the sites. The remaining land, if sold on the open market and developed would have generated additional rate revenue and developer contributions which would have been beneficial particularly in a rate capping environment.

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Council required public consultation regarding any proposed sale of State or Federal Government sites and increased the community’s awareness of these proposed sales. The community pressure to retain all the sites as open space, irrespective of the amount of open space surrounding them, resulted in Council purchasing the whole sites, rather than only part thereof or in some instances, not at all due to no strategic benefit and proximity to existing Council open space land. 57,000 square metres of land with no identified strategic benefit were purchased. The purchase of these sites was funded from the Public Park and Recreation Land Fund (PPRLF) which has reduced the available funds by $8.5 million and lost opportunity to purchase strategic land parcels in high Gap Areas identified in the Park Close to Home. Council’s Senior Property Officer has undertaken 80 per cent of the Strategic Assessments however due to the additional consultation and the increased State Government Land being declared surplus through First Right of Refusal between 2017 and 2019, other Property Officers time was required. Naming, Rights of Way Discontinuances and Leasing were given lower priorities resulting in a backlog of projects. Category C: Comparison with other Local Government Areas: Information was sought from other Victorian Councils via an alert on the Local Government Professionals website and direct contact only one council responded advising that they had not acquired any sites from the State Government during that period. Category D: Consideration of discounting of purchase price: The State Government established Land Use Victoria in 2016 which established the Victorian Government Land Transactions Policy and Guidelines (VGLTPG), in response to audit reviews that identified a lack of accountability and transparency in developments involving government land. The reviews highlighted the need for a long- term, strategic approach to managing surplus land. The Policy states Government Agencies: • must not sell (grant a lease or an interest in) any land at a price which is less than the current market (or rental) value of the land as determined by Valuer- General Victoria; unless an exemption applies i.e. the land remaining as open space in perpetuity with a Covenant being registered on title or rezoned to PPRZ. An exemption was applied to most sites acquired by Council resulting in the sale price being discounted by up to 90 per cent. Category E: Advocacy Councillors, Council staff and local Members of Parliament advocated on several occasions to have sites gifted to Council citing a public benefit, historical use of the site, ongoing use as community asset and management/maintenance of the sites. This was achieved with two sites, Ballert Mooroop and Kids on the Avenue (KOTA). Victorian Auditor-General's Office (VAGO) review In 2018 the VAGO undertook an audit of the VGLTPG. Audit overview: The need for governments to own land changes in response to population growth and shifting demand for public services. As needs change, government land generates significant revenue for government requirements. The sale of public land generates significant revenue for government and attracts strong community interest.

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Over the past 10 financial years, the Department of Treasury and Finance has sold 695 properties generating over $928.7million of sale revenue for the State. While the State Government owns 8.8 million hectares of land, around 40 per cent of the state, almost 68 per cent of this is national parks and state forests. The report examined whether government agencies are achieving the best value possible from surplus land. The audit focused on the following State Government Agencies • Department of Treasury and Finance; • Department of Environment, Land, Water and Planning; • Department of Health and Human Services; • Director of Housing; • Department of Education and Training; and • Victorian Rail Track (VicTrack). The Department of Treasury and Finance manages the sale of the majority of surplus government land. VicTrack and Director of Housing, due to their statutory powers, own and sell land independently, reinvesting the sale proceeds in their own portfolios. Conclusion The VAGO findings were; existing government systems and processes do not support a strategic whole-of-government approach to making the best use of surplus government land. Lack of a strategic approach increases the risk of inefficient use of government land, such as selling surplus government land that might be needed in the future. That a strategic approach requires agencies to consider intergenerational, social, economic and environmental factors when determining the best use of surplus government land. Recommendations 12 recommendations were put forward to the agencies. • The Departments of Treasury and Finance, Environment Land Water and Planning, Education and Training and Health and Human Services have responded to the recommendations with an action plan outlining their proposed approach to addressing the issues raised; • Department of Environment Land Water and Planning also stated that work has already commenced on several of the recommendations. • VicTrack acknowledged that, while there are no specific recommendations directed towards it, there are some improvements for it to address. Action plans implementation ranged from 2019 – 2020. https://www.audit.vic.gov.au/sites/default/files/2018-03/180308-Surplus-Government- Land.pdf The implementation of recommended changes to the VGLTPG and First Right of Refusal process will benefit Councils for future land transactions. Of particular benefit to Council, the report also identified other strategic methods to secure declared surplus State Government land, as opposed to purchasing. These include: • Long-term lease agreements; and • Appointment of Committee of Management (CoM).

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Municipal Association of Victoria (MAV) policy and advocacy Further research into opportunities for advocacy via the MAV and State Government Agencies was undertaken: MAV initiates policy development and advice to Councils and advocates local government interests across a broad range of Council areas of responsibility, working closely with other levels of government to establish productive partnership agreements where local government has a shared service delivery responsibility. The Victorian State-Local Government Agreement (VSLGA) The Premier and the Minister for Local Government on behalf of the State Government, and the President of the MAV, on behalf of the Victorian local government (the Parties), entered into a Victorian State-Local Government Agreement to strengthen state–local government relations by building a collaborative working relationship between state and local government and improving communication and consultation. 1. The VSLGA applies to state and local government in Victoria. 2. The VSLGA applies to arrangements where the State: i. intends for local government to administer or enforce new or revised primary legislation or regulation, or act as an agent and deliver services on its behalf; ii. is, or intends to, partner with local government to deliver programs; iii. is, or intends to, fund local government to deliver a program; or iv. may be affected by the relationship between the Commonwealth Government and local government. The VSLGA is administered through the Department of Environment Land Water and Planning (DELWP), it is not a legally binding agreement, however, it is an agreement negotiated and entered into in good faith by the parties and shall be respected accordingly. The information obtained from the MAV and the VSLGA is based on a preliminary investigation. Officers have attempted to contact representatives from the MAV and DEWLP seeking further information for advocacy opportunities with regards to the sale of state government land. In addition, this item will be put forward on the LGPro Property Network agenda to initiate discussion with other Councils. 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 Internal Consultation: • Other Council officers were consulted in the preparation of this report. External consultation: • Officers from other Councils were contacted to obtain comparable acquisitions and incurred by costs from the purchase Stat Government land. • LGPro – a post was circulated on the property forum; • MAV - further research into opportunities for advocacy; • DELWP - further research into opportunities for advocacy.

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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 The preparation of this report required officers to be allocated time offline to consult, analyse and summarise the information to be provided. 7. Implementation No further action is required.

Attachment/s 1⇩ Land owned by the State of Victoria and its agencies - Resource Costs D20/262792 2⇩ Land owned by the State Government and its agencies not required by D20/290760 Council

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DCD16/20 COVID-19 IMPACT ON AQUATICS AND LEISURE CONTRACT SUM (D20/300417) Director Community Development Community Wellbeing

Executive Summary In July 2017 (DSD25/17) Council authorised the Chief Executive Officer to execute a contract extension with the YMCA for the period 1 July 2018 to 30 June 2021, up to the value of $5 million (excluding GST), for the management of Council’s six aquatic and leisure centres. The COVID-19 pandemic has resulted in the closure of aquatic and leisure services on two occasions, and has had a significant financial impact on the contract costs. Following legal advice, Council was able to enact on the ‘Extenuating Circumstances’ clause of the contract, which has resulted in reduced expenditure costs including the corporate overheads. The closures and extended restrictions will impact the financial return on the aquatic and leisure centres. This includes the possible staged openings, disruption to membership retention and acquisition, and potential loss in disposable income from many of our community members. Final costs are not known, but the loss of income is estimated to see the original budget for Council’s net contribution to this contract for 2020/21increase from $933,320 to a projected $3,000,000. Subject to Council approval of this recommendation, this will enable the Chief Executive Officer to authorise payments under the extended contract up to a maximum of $6.5 million. At the June 2020 meeting, Council resolved to seek Ministerial approval for an exemption under the Local Government Act 1989 for a 12-month extension on the current contract with the YMCA Victoria Programming Pty. Ltd. to provide time to better understand the staged opening impacts, restrictions and the service that can be delivered in the post COVID-19 pandemic period. The application for exemption approval has been lodged and is being considered.

Officer Recommendation That Council, due to COVID-19 impacts on operations and contract costs, approves the increase of $1.5 million in the cost of Contract 1866 - Active Moreland Aquatic and Leisure Services Management, bringing the total cost of the contract for the three year period concluding in June 2021 to $6.5 million.

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REPORT

1. Policy Context In July 2017 (DSD25/17) Council authorised the Chief Executive Officer to execute a contract extension with the YMCA for the period 1 July 2018 to 31 June 2021, if contract terms could be agreed at a cost of no greater than $5 million to Council (excluding GST). Due to the impact and current situation with COVID-19, it is projected this threshold will be exceeded as we enter the final year of the contract and navigate the impact from COVID-19. 2. Background The contract extension was executed in February 2018. The total cost to Council to engage YMCA to manage the Active Moreland Aquatic and Leisure facilities for the 36- month period from 1 July 2018 to 30 June 2021 was to be in the order of $3.6 million in corporate overheads and a total contract cost of $3.39 million. The financial offer considered changes in the market and factored in the impact of the opening of Oak Park Leisure Centre on other facilities (Fawkner Leisure Centre, Coburg Leisure Centre, Pascoe Vale Outdoor Pool and Coburg Olympic Swimming Pool). Prior to the COVID-19 forced closures of Councils Aquatic and Leisure Centres on 18 March 2020, the contract had been performing better than budget. 3. Issues The COVID-19 pandemic has had a significant impact on Aquatic and Leisure Services, following the initial restrictions announced by the State Government and directive under the Public Health and Wellbeing Act in March 2020. This second wave and closure effective 9 July 2020 again is having a significant impact as well as prolonging the recovery timeframes and increasing the financial cost to the industry and Councils. Following legal advice in March, Council negotiated terms and conditions of the contract with the YMCA under the ‘Extenuating Circumstances’ clause due to COVID- 19 which resulted in reduced expenditure costs including the corporate overheads. As we move into the final year of the contract term (excluding the Ministerial application to extend for a further 12 months, post 1 July 2021), it is projected that the impacted of COVID-19 will increase the contract costs and exceed initial budgets and therefore exceed the $5 million allocation. Since the closure on 18 March 2020 till 30 June 2020, Council has incurred additional contract costs due to the loss of income of $1,004,946. With stage 4 restriction now in place till at least 13 September 2020, it is difficult to project further restrictions and recovery timeframes the industry will face, but it is estimated that the costs for 2020- 2021 could be around $3,000,000 based on actuals from the last three months. It is estimated that up to an additional $1.5 million (over and above the $5 million allocation) will be required to cover the contract costs until the end of the contract term.

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Year Budget Actual 2018 - 19 1,363,000 853,432 2019 - 20 1,093,310 2,181,241 Year Budget Projection 2020 - 21 933,920 3,000,000 TOTAL 3,390,230 6,034,675

Actual costs include: ‘Deed of Variation for the OPEX procurement of Brunswick Baths gym equipment through the YMCA of $434,145, loss of income for the closure of both Fawkner Leisure and Brunswick Baths capital works project $265,000 and Salary Maintenance costs of $23,897 to date. Economic implications It is still unclear what the conditions will be for our centre’s operations over the next 12 months. This will be influenced by Federal and State pandemic and economic support measures. 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 support section 18 which relates to the right to take part in public life. 4. Consultation Council officers have written to the YMCA confirming the financial arrangements for 2020/21, following legal advice received for the initial closures and implementation of the ‘Extenuating Circumstances’ clause. 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 Under current conditions, the financial implication is difficult to estimate as there are so many variables that will impact the actual costs, including operating restrictions, capacity numbers, reintroduction of learn to swim classes and membership fees, JobKeeper subsidised wages, staging and opening of centres including outdoor pools. Based on history and the last three months of actual financial costs it is projected that the 2020/21 financial year’s costs will increase from $933,000 to $3 million, therefore exceeding the budget allocation and Chief Executive Officer delegation for the 3 year contract term by approximately $1.5 million. 7. Implementation Once approved Council officers will raise purchase orders on a quarterly basis following review of month projected and actual financial results.

Attachment/s There are no attachments for this report.

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DCI18/20 CONTRACT 894ST - LANEWAY WEED CONTROL AND TIDYING (D20/292586) Director City Infrastructure Open Space and Street Cleansing

Executive Summary Council has a total of 94.54 kilometres of constructed Rights of Way (ROWs), made of bluestone pitchers, concrete, asphalt or brick pavers. The majority are in the south of the municipality with scattered lanes in the north. In addition to the constructed ROWs, there are a total of 13.79 kilometres of unconstructed ROWs, made of predominantly earth and gravel surfaces. The maintenance of these assets is carried out via a maintenance contract which includes weed management, mowing and brush cutting as well as pruning. A tender process has been completed to award a new contract for these services. The tender included calling for alternatives to using glyphosate products managing weeds. The initial public tender Expression of Interest process (EOI) was advertised in The Age newspaper on 11 April 2020, closing on 7 May 2020, calling for contractors to address our maintenance requirements with alternatives to glyphosate primarily. Out of the 29 vendors who downloaded information regarding the EOI, nine subsequently made submissions. These were assessed by a Tender Evaluation Panel (TEP) and a shortlist of six contractors was invited to undertake a Select Tender exercise. The Select Tender opened on 2 June 2020 via the tender portal and closed on 17 June 2020. The requirement was to provide both a qualitative and lump sum cost response, according to specifications provided by Council. The tenders were assessed (Confidential Attachment 2) by a TEP consisting of Council officers from the Street Cleansing and Open Space Maintenance Units and a non-scoring Senior Procurement officer, in line with Council’s Procurement Policy. The purpose of this report is to recommend awarding a contract to Eldarin Services Metro Pty Ltd, for the provision of services for Laneway weed control and tidying. The tender complies with Section 186 of the Local Government Act 1989.

Recommendation That Council: 1. Awards Contract 849ST - Laneway Weed Control and Tidying, for an initial period of two (2) years, with a further three (3) x one (1) year options for extension, to MetroEnviro Maintenance Pty Ltd t/as Eldarin Services Metro. 2. Authorises the Director, City Infrastructure to do all things necessary to affect this decision, including the exercising of any further contract options. 3. Notifies all tenderers of Council’s decision in relation to Contract 849ST - Laneway Weed Control and Tidying. 4. Notes the additional cost of $59,875 and refers the pro-rata allocation to the to the mid-year budget review process review, to allow for the ceasing of glyphosate products within Rights of Way.

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REPORT

1. Policy Context This report had been prepared considering Council’s Rights of Way strategy 2011-2021 and the Procurement policy. 2. Background Moreland City Council has a total of 94.54 kilometres of constructed Rights of Way (ROWs), predominantly made of bluestone pitchers, concrete, asphalt or brick pavers and includes constructed drainage easements. The majority are in the south of the municipality with scattered lanes in the north. In addition to the constructed ROWs, there is a total of 13.79 kilometres of unconstructed ROWs, made up of predominantly earth and gravel surfaces. At the Council meeting on 14 August 2019, Council resolved to phase out the use of glyphosate products such as Round-Up by August 2021, in favour of viable alternatives to reduce reliance on chemicals, leading to an improved environment and sustainable outcomes. To seek alternative treatment strategies, the tender process was carried out by means of a two-step process; an initial Expression of Interest (EOI), to test the market on the possible alternate products available and then a select tender process for a selected group of tenderers with proven experience in similar service delivery contracts, qualified staff, as well as quality OHS and environmental systems. EOI Process The initial public tender Expression of Interest process (EOI) was advertised in The Age newspaper on 11 April 2020, closing on 7 May 2020, calling for contractors to address our maintenance requirements with alternatives to glyphosate. Out of the 29 vendors who downloaded information regarding the EOI, nine subsequently tabled submissions. These were assessed by the Tender Evaluation Panel (TEP) and a shortlist of six contractors were invited to undertake a Select Tender exercise according to the below criteria (further detail is shown in Confidential Attachment 1).

Maximum Category Assessment Area Weighting Raw Score Experience, technical Demo experience in delivering the 10 15 ability and background service (Part 3.3) Resources and Respondent will a proven record 10 30 Capacity of resources to deliver (staff, equipment, plant, machinery, sub- contractors,...etc.) (Part 3.4) Technology, techniques Proven efficiencies in delivering 10 35 and Work Methodology the services and techniques including reporting and Systems (Part 3.4B) Innovation Respondents to provide 10 15 innovative and tech solution to weed eradication (Part 3.9)

Sustainability Functionality aspects of the 10 5 operation - environmental friendliness (Part 3.8) Weighted Result 100

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Select Tender Process The Select Tender opened on 2 June 2020 via the tender portal and closing on 17 June 2020. The requirement was to provide both a qualitative and Lump Sum Cost response, according to specifications provided. Rather than prescribe treatment frequencies, the tender called for contractors to determine frequencies themselves, according to outcomes specified by Council. It would be a Lump Sum price and so if the performance standards were met, the contractor would be able to work around the frequencies and resource allocation themselves. There were also 3 options available for them to cost: • Option A – Maintenance of all laneways during the contract term, without use of any chemical products in controlling weeds. • Option B – Maintenance of laneways during the contract term with use of alternative, organic or safer herbicide products. • Option C – Maintenance of laneways during the first part of the contract term until 31 July 2021 using glyphosate but thereafter fully transitioning to alternative, organic or safer herbicide products. The Evaluation Criteria for the Select Tender varied from the EOI, as shown below: Criteria Max. Weighting Category Assessment Area No. Score (%) 1 Price Schedule of fees will be assessed in the form of formula - to reflect on each schedule rate importance and - Low Best Scoring Formula (Individual Score = Tenderer Schedule price / Cheapest 10 40 Tender Schedule price x 10) - Price analysis may include Life Cycle Cost analysis based on the product / method used 2 Technical Technical offer and contractor Offer techniques in delivering the service 10 20 including any technology and efficient work methodologies 3 Reined Work Work Program showing how the Program contractor will commit to deliver the 10 20 service 4 Environmental Respondent will elaborate how they Impact and intend to address environmental Public Safety concerns with the service they provide Management as well as public safety. What 10 20 systems/methods will they employ and how they audit/validate their performance TOTAL 100 One tenderer shortlisted for the Select Tender did not choose to submit a bid. The other five tenders were assessed by a TEP consisting of Council officers from the Street Cleansing and Open Space Maintenance Units and a non-scoring Senior Procurement officer, in line with Council’s Procurement Policy. The TEP reviewed and then scored the submissions individually and then as a group. Further questions were put to three contractors and interviews held with them, before the TEP decided on the preferred contractor (Confidential Attachment 2).

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Summary of respondents Tender Name Category MetroEnviro Maintenance Pty Ltd t/as Eldarin Option A and C Services Metro HLM Aust Pty Ltd Did not provide an offer Telamo Pty Ltd Option B and C Weed Steamers Pty Ltd Option A Herbert Group Holdings Pty Ltd Option B and C Sanpoint Pty Ltd Option B Current Maintenance Contract The current Laneways Maintenance Contract (213T) commenced in 2014 for a total term of five years and expired in 2019. However, the contract has been extended on a month-by-month basis, in lieu of changes to the contract specifications and alternative treatment methodologies. The current contract has an annual budget of $169,000. 3. Issues Tenderer 1 Eldarin Services Metro Pty Ltd, maintain the laneways under the current contract. However, the methodology for delivering the new contract which eliminates reliance on glyphosate products for weed control and the shift to an outcomes-based specification versus specified frequency of treatments, meant the TEP assessed all submissions without assuming the incumbent had any advantage over the rest. Despite this, the TEP found their submission was the strongest of the five tenderers and the most cost effective, with adherence to Moreland’s Pest and Weed Management Policy and no chemical herbicide use proposed. Their costs represented an increase on current contract costs, but they had allowed for: • No chemical herbicide used in weed control and strictly manual eradication i.e. Lump Sum Cost Option A. • Taking on full weed management for ROWs, which was previously shared between Council crew and contractors conducting two chemical treatments each per year. This allows Council crews to concentrate their efforts on street side weed management solely. The TEP was unanimous in selecting them as the preferred contractor. They have had a good working relationship with Council with the last term contract and their performance in delivering services to Moreland Council, has been positive. Tenderer 2 Tenderer two submitted Lump Sum Cost for Option B, meaning they were still going to employ chemical means for weed control. They did not seem to have had a lot of experience with use of this alternate, organic chemical herbicide and did not convey confidence about its efficacy, in meeting Council’s performance specifications. Their Lump Sum costing was assessed as very low and the TEP viewed, they had not allowed adequate resourcing to meet the performance specification and their proposed works program was insufficient. There were strong deficiencies with the qualitative submission overall and they did not provide a Schedule of Rates, as required. The TEP still interviewed the contractor but did not change its views after their responses.

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Tenderer 3 Tenderer three initially submitted the lowest Lump Sum Cost for Option B but after the subsequent Interview with the TEP and responses, revised Lump Sum Pricing to be significantly higher than the rest, under consideration. Once again, they did not seem to have had a lot of experience also with use of this alternate, organic chemical herbicide and did not instil confidence in the TEP as a viable alternative. Tenderers 4 and 5 The TEP reviewed submissions from both these contractors but scored them under the pass mark, according to the Evaluation criteria. Apart from deficiencies in their qualitative responses, both their Lump Sum costings were also significantly higher, which put them further out from consideration. The TEP did not carry out any interviews with both these contractors. Environmental Implications Council has a Pest and Weed Management Policy which will be adhered to when carrying out the maintenance contract. Moreover, the preferred contractor will be eliminating chemical herbicide use completely in ROWs during the new contract term, which will be in keeping with Council policy to adopt more sustainable means to manage weeds and reduce reliance on chemical herbicides. 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 The tender processes both EOI and Select Tender, were assessed by a TEP consisting of Council officers from the Street Cleansing and Open Space Maintenance Units, with oversight from Senior Procurement officer, in keeping with Council’s Procurement Policy. 5. 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 estimated value of this contract over the course of its five-year term is $1,215,128, assuming a three per cent annual CPI increase over the Year One Lump Sum Cost of $228,875.00 (both ex GST). The annual cost of $228,875 versus the previous contracts $169,000 budget allocation is an increase of $59,875 a 35 per cent increase over the previous tender price. This represents a slight increase in Base Budget provision from 2020-21 in the Open Space and Street Cleansing branch base budget, which is required to cease the use of glyphosate in these areas. 7. Implementation and Timeline The purpose of this report is to seek approval to enter into a contract with Eldarin Services Metro Pty Ltd, for the provision of services as described for an initial period of two years, with subsequent extensions of one year each, up to a further three years (Total five-year term). Following this report, the contract will be signed, and use of this supplier for the provision of the relevant service will commence. It is proposed that the Director of City Infrastructure, be authorised to do all things necessary to execute the contract/s and any other required documentation. The contracts will commence as soon as possible following Council endorsement.

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Attachment/s 1 D20/299238 Contract 894ST EOI Tender Evaluation Matrix - Council Report Pursuant to sections 77(2)(c) of the Local Government Act 1989 and 3(1)(g) of the Local Government Act 2020 this attachment has been designated as confidential by the Chief Executive Officer because it relates to private commercial information. 2 D20/299173 Contract 894ST Tender Evaluation Matrix - Council Report Pursuant to sections 77(2)(c) of the Local Government Act 1989 and 3(1)(g) of the Local Government Act 2020 this attachment has been designated as confidential by the Chief Executive Officer because it relates to private commercial information.

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DCI19/20 CONTRACT 908Q - SUPPLY AND DELIVERY OF 12 WASTE TRUCKS AND SPARE PARTS (D20/295986) Director City Infrastructure Roads Fleet and Waste

Executive Summary A request for quote (RFQ) was released on 24 June 2020 seeking tenders from a Municipal Association of Victoria (MAV) panel of appropriately experienced and qualified suppliers for the supply and delivery of 12 Waste Trucks and Spare Parts for the inhouse kerbside waste collection service across the north of the Moreland municipality (from Bell Street north). This RFQ process provided a lump sum price from various suppliers for the cost of the trucks and a separate Schedule of Rates for the spare parts. The supplier will be required to supply and deliver 12 waste trucks and spare parts. 17 companies registered and downloaded the RFQ documentation via the MAV Vendor Panel portal. The purpose of this report is to recommend Council awards a contract for the supply and delivery of the 12 trucks and spare parts. The MAV RFQ process complies with section 186 of the Local Government Act 1989.

Officer Recommendation That Council: 1. Awards Contract 908Q for the Supply and delivery of 12 Waste Trucks and Spare Parts, to CMV Truck and Bus Pty Ltd with the following configuration: a) 5 x 28/29 cubic centimetres Recycling Collection Compactor, (6x4 configuration) made up of: • 4 x Superior Pak; • 1 x Bucher; b) 7 x 20/24 cubic centimetres Garbage Collection Compactor, (6x4 configuration) made up of: • 7 x Bucher. 2. Authorises the Director City Infrastructure to do all things necessary to execute the contract and any required documentation for the contracts. 3. Advises all tenderers of Council's decision in relation to Contract 908Q – supply an delivery of 12 Waste Trucks and Spare Parts.

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REPORT

1. Policy Context This tender process complies with the Moreland City Council Procurement Policy Jand sections 186 and 186A of the Local Government Act 1989. 2. Background This report seeks approval to enter into Contract 908Q for the supply and delivery of 12 waste trucks and spare parts. On 24 July 2020, a system notification was sent to the NPN04-13 panel inviting tenderers via Municipal Association of Victoria (MAV VendorPanel) system to suitably experienced suppliers to provide a tender for 12 waste trucks (five x Recycling Trucks and seven x Garbage Trucks) and spare parts. The RFQ closed on 8 July 2020 at 12 pm AEST, and nine separate truck submissions were received from the following suppliers: • CMI Hino Melbourne - (Hino Motor Sales Australia Pty Ltd); • IVECO - (Adtrans Truck Centre); • Mercedes-Benz Trucks - (Daimler Truck and Bus Australia Pacific); • Volvo Trucks - (CMV Truck and Bus Pty Ltd); • Western Star Trucks - (Penske Australia); Of the five companies who provided submissions, some featuring multiple submissions including different sized trucks and fuel sources, only two tenders from one company were found to be non-compliant after being assessed against weighted criteria. 3. Issues Tenderers were required to submit a lump sum for the cost of the trucks. Council requires: • 5 x 28/29 cubic centimetres Recycling Collection Compactor, (6x4 configuration); • 7 x 20/24 cubic centimetres Garbage Collection Compactor, (6x4 configuration). Tenderers were also required to submit a schedule of rates for the cost of the spare parts for the supplied trucks. A Tender Evaluation Panel (TEP) was established, consisting of the following members: • Manager Roads, Fleet and Waste (City Infrastructure); • Unit Manager Waste (City Infrastructure); • Asset Accountant (Finance and Property); • Senior Procurement Partner (Finance and Property) - (Non-Scoring); • Coordinator Fleet (City Infrastructure) - (Non-Scoring). In assessing the RFQ submissions, consideration was given to the following predefined evaluation criteria:

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Evaluation Criteria 1 Total Price and Schedule of Contract 2 Technical Specification and Requirements 3 Expected Delivery Date 4 Warranty 5 Financial Viability 6 Contract Maintenance for Spare Parts Schedule

7 Social Sustainability

8 Environmental Sustainability 9 Economic Sustainability

The RFQ closed on 8 July 2020, the TEP received the tender submissions on 9 July 2020, after completing conflict of interest forms and returning them to the Procurement team. The TEP met on 15 July 2020 to evaluate the submissions. Questions from the panel seeking clarification were sent out to various tenderers on 16 July 2020, and all answers were received by 12 pm on 17 July 2020. The TEP again met on 17 July 2020 to review the responses and update the evaluation matrix as required. The evaluation process identified the Volvo trucks supplied by CMV Truck and Bus Pty Ltd as the preferred tender, as outlined in the RFQ evaluation matrix in Confidential Attachment 1. Council met with MAV on several occasions before releasing the RFQ, to ensure that the panel would meet Council needs in terms of tender requirements and specifications. Council also sought legal advice from Maddocks lawyers regarding the RFQ process and the contractual requirements. Key considerations/issues considered during the RFQ evaluation process are outlined in more detail below. The evaluation also assessed the impact for ‘optional extras’ for the Volvo trucks supplied by CMV Truck and Bus Pty Ltd. Confidential Attachment 2 provides the scores and weighting for each submission. The first table summarises the scoring from Confidential Attachment 1 by showing the weighted scores and rankings for all submissions. The second table shows the weighted scores and rankings for all submissions plus the price for ‘optional extras’ for the Volvo trucks supplied by CMV Truck and Bus Pty Ltd. The ‘optional extras’ offered (at additional cost) would make it easier for both the waste truck drivers and the fleet mechanics to work on the trucks, this included items like electric tilts and more powerful engines. The optional extras are recommended by the Coordinator Fleet.

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When the ‘optional extras’ were factored into the scoring, this did not change the ranking of the top supplier (Volvo trucks supplied by CMV Truck and Bus Pty Ltd). The TEP chose not to increase any of the other assessment scores (for example technical specifications) for the Volvo trucks after the inclusion of the ‘optional extras’ as it was understood that the rankings remained unchanged, despite the decrease to Volvo’s pricing score; any additional changes to their other scores would only increase the disparity between Volvo and the other suppliers, with Volvo remaining at joint first position and no material change to the ranking order. The scoring shows equal number one ranking. This has come about due to the same truck manufacturer in combination with different body manufacturers providing the best combination for the different services (garbage and recycling). The TEP has selected both the highest ranked submissions (Volvo Superior Pak and Volvo Bucher) as they each cater to the different needs of garbage and recycling. As per the tender documents, for evaluation purposes, each truck was evaluated against its respective fuel sources (meaning that all diesel trucks were evaluated against each other and the one electric truck was evaluated on its own). The evaluation also shows where the electric truck also ranked in comparison to the diesel trucks. Technical Specification and Requirements Tenderers were required to meet specific technical specifications, including Euro 6 engine (which is a higher environmental standard than the current Euro 5). Euro 6 has taken an even stricter stance towards diesel engines, particularly in terms of NOx emissions (nitrogen oxides relevant for air pollution), forcing manufacturers to reduce a vehicle's output by 55 per cent. The NOx limit for Euro 5 diesel vehicles was 180mg/km (milligrams per kilometre) which has been reduced to just 80mg/km for Euro 6 diesels. All tenderers except one, put forward a Euro 6 engine as per the specifications. Three of the five companies who tendered, stated that they were able to provide electric trucks, however only one company chose to put forward a fully electric truck. The truck that was submitted has never been built or used before, therefore the company could only provide estimations based on similar data regarding side loading electric waste trucks. Real world results may differ. Some points of note in relation to the electric truck’s technical capacity: Assuming full charge and only performing highway driving at freeway speeds, a fully loaded truck would have enough energy for 1.25 hours of operation. Meaning that any delays or queues (as are common at drop off sites) would cause potential for the truck to be stranded due to loss of power. Overall the kwh battery gives less range than current diesel trucks. During the 30 kilometre round trip to Council’s current recycling deposit site, the vehicle will use approximately 73kWh (26%) of the total battery capacity (total capacity 280kWh). This part of the shift makes up only 14 per cent of the total shift. In relation to the time taken to charge the electric truck it would take over 17 hours to fully charge, which would allow less than 7 hours for operational use (the average shift time is over 7 hours), and this would leave no option to service a full shift, let alone overtime, which much of our fleet is required to do on a weekly basis. Another key requirement for electric trucks is a 32-amp three phase circuit. At present Council does not have enough electricity supply capacity to refuel an entire fleet of electric trucks, for this we would require a new substation and substantial infrastructure upgrade.

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The current weight of an electric truck is around 15 per cent heavier than the diesel trucks whilst unloaded, meaning less capacity for payload and a reduction in capacity of the fleet as a whole which would result in a slower service and increased shift time. Overall, there is large compromise when purchasing an electric truck, which doesn’t provide range and payload in the same package, sacrificing one for the other. The current electric trucks on offer are also unable to match the performance or service levels of the current diesel trucks. Council’s research also showed that electric trucks in Netherlands have been using electric-conversion trucks for 20 years however they are unable to attain service levels with batteries alone, so they are adding a small fuel cells and hydrogen tanks to the trucks which is the only way to get both the range and payload. The market at present is unable to offer a truck that can do what the diesel trucks can do. Expected Delivery Date Council requested a delivery timeframe of approximately six months from the date of entering into the contract. CMV Truck and Bus Pty Ltd stated that it would meet this timeframe however, requested confirmation at the time of contract signing due to other work orders and the fact COVID-19 may impede the process in some cases. The Fleet and Waste team acknowledge and accept this request. One supplier chose to put forward an electric truck, however, the supplier was unable to deliver in the required time frame (their time frame was nearly 18 months, without factoring delays related to COVID-19). Warranty The required warranty was for at least 24 months and not be voided if Council's own mechanics worked on the vehicles. CMV Truck and Bus Pty Ltd offered a Gearbox and Cab warranty of 36 months / 400,000 kilometres / 6,250 hours. On their Superior Pak model, they offered a warranty of three years or 7,500 hours, and they also provided the Council with a five-year warranty on their Pendulum Packer. Volvo (supplied by CMV Truck and Bus Pty Ltd) also provides a Victoria wide 24/7 after-hours breakdown service. CMV Truck and Bus Pty Ltd offer further maintenance training. Financial Viability All tenderers were found to be financially viable and able to meet their obligations. Contract Maintenance for Spare Parts Schedule For this RFQ, tenderers were required to submit a schedule of rates with each tenderer providing a percentage discount on the trade price for vehicle spare parts. In terms of spare parts, Fleet uses generic parts 25 per cent of the time and Original Equipment Manufacturer (OEM) the other 75 per cent, as such, the percentage prices were weighted accordingly, and then an average was calculated for each supplier. For OEM brands, each tenderer offered between 0 percent and 22 per cent discount. Council recognised that all tenderers were well priced and met the relevant criteria to service Moreland the vehicles with good quality, fairly priced parts in a reliable and efficient manner.

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Social Sustainability As part of their submission, CMV Truck and Bus Pty Ltd provided a Code of Conduct which supported social sustainability principles, including principles of diversity, acceptance, fairness, compassion and inclusiveness they also provided details of the Company Equal Opportunity Policy Environmental Sustainability It was important to ensure that, during the procurement process, the opportunity reached a range of truck providers, in particular those offering alternative power source vehicles. It was made very clear in the RFQ documents that Council was actively seeking trucks with alternative fuel sources, and all tenderers were encouraged to submit such tenders. All but one supplier provided diesel-fuelled trucks in their submission. During the advertising period in which the RFQ was open, the procurement team sent two separate emails, one at the start and one in the middle of the RFQ to all suppliers reinforcing and reminding them of Environmental Sustainability. CMV Truck and Bus Pty Ltd paid particular attention to Council's clear priority of the environment with robust policies, they are fully ISO compliant (ISO14001:2004 certificate presented tendering the submission) and hold an Environmental Management System certificate. In addition to this, they included in their tender a "Key Elements Procedure 5 Environmental Requirements" from Volvo which is a group environmental data report giving clear statistics and data around Volvo and their performance in critical areas including energy, water consumption, waste, emissions. Council intends to purchase a further six trucks in two years’ time, at which point the technology may be much further advanced in order to meet Council needs. Economic Sustainability With regards to a business location (Moreland based business and/ or Moreland based employees) the following information was provided by the tenderers: • CMI Hino Melbourne – no information for Hino themselves. • IVECO - source parts and supplies from Moreland area including Coburg Truck Parts, Carroll Springs, Rotar Master. Adtrans currently employs 31 staff from the Moreland area; • Mercedes-Benz Trucks - No local basis in or near Moreland and many parts imported. • CMV Truck and Bus Pty Ltd - Volvo Trucks have their closest service facility in Derrimut. CMV stated it employs residents from Moreland, however, no numbers were presented. • Western Star Trucks - The support dealer has a workshop in Derrimut and supported by its workshop in Campbellfield, and work to support customers and other business' in these areas. Western Star Trucks also supply trucks to Citywide that are used in Moreland 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 Councillors were briefed on this RFQ procurement and evaluation process at the Council briefing held on 13 July 2020.

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Consultation occurred with Council officers and team members in Waste Services, Fleet, Finance and Procurement in order to draw on their direct and internal experience and requirements. The evaluation panel consisted of representatives from the departments of Procurement, Roads, Fleet and Waste, Finance and also ESD. 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 will exceed the delegated authority of the Chief Executive Officer and therefore, requires a Council decision. The procurement is aligned with principles of Moreland Council's procurement policy and is budgeted for in the current financial budget from Council cash reserves. 7. Implementation It is proposed that the Director City Infrastructure be authorised to do all things necessary to execute contracts and any required documentation. It is proposed that the contract commences in August 2020, subject to the final contract execution.

Attachment/s 1 D20/279466 908Q Evaluation Matrix - Final Pursuant to sections 77(2)(c) of the Local Government Act 1989 and 3(1)(g) of the Local Government Act 2020 this attachment has been designated as confidential by the Chief Executive Officer because it relates to private commercial information. . 2 D20/300188 Table Attachments for Council Report Contract 908Q Trucks Pursuant to sections 77(2)(c) of the Local Government Act 1989 and 3(1)(g) of the Local Government Act 2020 this attachment has been designated as confidential by the Chief Executive Officer because it relates to private commercial information. .

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DCI20/20 CONTRACT RFT-2020-84 - ROAD RECONSTRUCTION OF CRAIGROSSIE AVENUE AND WATTLE GROVE, COBURG (D20/261678) Director City Infrastructure Capital Works Planning and Delivery

Executive Summary Road reconstruction works at Craigrossie Avenue between Glencairn Avenue and Wattle Grove and Wattle Grove between Glencairn Avenue and Shaftsbury Street, Coburg (the project) are identified in the 2020-21 Capital Works Program. The works are required to address the poor condition of the kerb and channel and asphalt road pavement and rectify drainage issues along the roadway. An advertisement was placed in The Age newspaper on Saturday, 23 May 2020 inviting tenders from contractors to undertake the works. The tenders closed on Monday 15 June 2020, with 11 tenders received. ADP Constructions Pty Ltd achieved the highest score through the evaluation process. ADP Constructions has previously undertaken road reconstruction works for Council and successfully delivered the works to a very good standard. The project will be utilising recycled crushed concrete as bedding material in the road sub- base, under all new concrete paving and as backfill to the new drainage pipes in the street. The use of recycled crushed concrete will reduce the need for raw materials by approximately 1,330 cubic metres. This project will also promote the use of increased recycled content in road reconstruction activities by utilising recycled truck tyres which are converted into crumb rubber and mixed with the bitumen to form the asphalt base and wearing course of the road pavement. The total amount of asphalt used for this project is approximately 337 cubic metres, which equates to 842 truck tyres utilised in the rubberised asphalt product for this project. The tender sum was revised to include the environmentally sustainable construction materials. The inclusion of the alternate crumb rubber asphalt product equates to a 10 percent cost increase over the typical Stone Mastic Asphalt product used by Council. The performance of the product will be monitored for consideration of its ongoing use in future road reconstruction projects.

Officer Recommendation That Council: 1. Awards Contract RFT-2020-84 Road Reconstruction Works at Craigrossie Avenue between Glencairn Avenue and Wattle Grove and Wattle Grove between Glencairn Avenue and Shaftsbury Street, Coburg to ADP Constructions Pty Ltd for the revised tendered lump sum of $996,744.00 (excluding GST) plus provisional sum of $348,985.00 (excluding GST), total $1,345,729.00 2. Allocates a contingency amount of $134,576.00 (10 percent) to the project bringing the total expenditure for Contract RFT-2020-84 Road Reconstruction Works at Craigrossie Avenue between Glencairn Avenue and Wattle Grove and Wattle Grove between Glencairn Avenue and Shaftsbury Street, Coburg to $1,480,305.00. 3. Authorises the Director City Infrastructure to do all things necessary to execute Contract RFT-2020-84 and any other required documentation, including authorising any cost overruns, provided that the overall Road and Car Parks budget allocation is not exceeded.

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REPORT

1. Policy Context This project supports the Council Plan Key Priority to ‘Maintain and match our infrastructure to community needs and population growth.’ 2. Background Road reconstruction works at Craigrossie Avenue between Glencairn Avenue and Wattle Grove and Wattle Grove between Glencairn Avenue and Shaftsbury Street, Coburg are identified in the 2020-2021 Capital Works Program, within the Road and Car Parks Program. The works are required to address the poor condition of the kerb and channel and asphalt road pavement and rectify drainage issues along the roadway. 3. Issues On Saturday, 23 May 2020 and advertisement was placed in The Age newspaper inviting tenders via the e-tender portal at https://moreland.etenderbox.com.au/ from suitably experienced contractors for the road reconstruction works at Craigrossie Avenue between Glencairn Avenue and Wattle Grove and Wattle Grove between Glencairn Avenue and Shaftsbury Street, Coburg. Tenders closed on Monday, 15 June 2020 at 3pm and tenders were received from the following contractors: • ADP Constructions Pty Ltd; • Appia Pty Ltd; • CDN Constructors Unit Trust; • GP Bluestone Pty Ltd; • LMF Constructions & Maintenance Services Pty Ltd; • MJ Construction Group Pty Ltd; • Panhold Constructions Pty Ltd; • Parkinson Group (Vic) Pty Ltd; • PARLAM Pty Ltd; • Presta & Sons Pty Ltd; • Winslow Constructors Pty Ltd. The tender is a lump sum contract. For this type of contract, the tenders are required to submit fixed rates for individual items, based on quantities for the project prepared by Council’s Engineering Services Unit. Rates for provisional items where quantities are difficult to determine, such as rock excavation, rectification of pavement soft spots and property service relocations, are also submitted. Tender evaluation The tender evaluation panel was established with four Council officers from across the Engineering Services, Transport and Procurement teams. A Procurement and Probity Plan has been developed for the project. The tenders were evaluated in accordance with Council’s Procurement Policy, at the time of tendering.

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In assessing the tenders, consideration was given to the following predefined evaluation criteria: • Price; • OHS requirements; • Traffic management requirements and works program; • Capability, experience and past performance on similar projects; • Integrated Management System (OHS, quality assurance and environmental); • Social sustainability; • Environmentally sustainable practices; • Economic sustainability; • Environmentally sustainable construction options. The evaluation process identified ADP Constructions Pty Ltd as the preferred tenderer based on the results of the evaluation matrix, included as Confidential Attachment 1. A telephone interview was conducted with ADP Constructions Pty Ltd to determine its current and future work commitments, workforce and understanding of the works required under this contract. During the interview process, ADP Constructions Pty Ltd indicated it has adequate resources to successfully complete the project within the specified timeframe and revised tender lump sum amount. ADP Constructions Pty Ltd has previously undertaken road reconstruction works for Council and successfully delivered these to a very good standard. Environmental implications The specification for the road reconstruction works requires the contractor to submit a Site/Environmental Management Plan prior to the commencement of the works outlining procedures for erosion control, sediment transport control, sediment retention measures, transportation of excavated materials to recycling facilities, tree protection and general site management. The project will be utilising recycled crushed concrete as bedding material in the road sub-base, under all new concrete paving and as backfill to the new drainage pipes in the streets. The use of recycled crushed concrete will reduce the need for raw materials by approximately 1,330 cubic metres. This contract will also promote the use of increased recycled content in road reconstruction activities by utilising recycled truck tyres which are converted into crumb rubber and mixed with the bitumen to form the asphalt base and wearing course of the road pavement. The total amount of asphalt used for this project is approximately 337 cubic metres, which equates to 842 truck tyres utilised in the rubberised asphalt product for this project. The tender sum was revised to include the environmentally sustainable construction materials. The inclusion of the alternate crumb rubber asphalt product equates to a 10 percent cost increase over the typical Stone Mastic Asphalt product used by Council. The performance of the product will be monitored for consideration of its ongoing use in future road reconstruction projects. Social implications ADP Constructions Pty Ltd has a Social Procurement Policy in place and hires from disadvantaged communities and fosters gender equality on all its projects. Economic implications ADP Constructions Pty Ltd is based within Moreland and most of its material suppliers for this project are located within Moreland and surrounding municipalities.

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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. Consultation Consultation with owners/residents along Craigrossie Avenue between Glencairn Avenue and Wattle Grove and Wattle Grove between Glencairn Avenue and Shaftsbury Street, Coburg was undertaken via a letter drop in March 2020. Several residents responded advising that they are in agreeance with and support the proposed works. 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 An amount of $1,590,380.00 has been included in the 2020-2021 Capital Works Program for road reconstruction works at Craigrossie Avenue between Glencairn Avenue and Wattle Grove and Wattle Grove between Glencairn Avenue and Shaftsbury Street, Coburg. The table below shows the proposed overall expenditure for the project. Item Amount (excluding GST)

ADP Constructions Pty Ltd – revised tendered lump sum amount $996,744.00 which includes the use of recycled crushed concrete and asphalt product containing recycled truck tyres converted into crumb rubber. ADP Constructions Pty Ltd – tendered provisional sum amount $348,985.00 Project contingency amount $134,576.00 Alterations to underground services $42,345.00 TOTAL $1,522,650.00 Budget amount 2020-2021 $1,590,380.00

The number of tender submissions received and the range of contractors (big and small) that submitted tenders supports the view that the current market is uncertain and highly competitive, resulting in budget savings to this project. 7. Implementation It is proposed that the Director City Infrastructure be authorised to do all things necessary to execute contracts and any required documentation, including authorising any cost overruns, provided that the overall Road and Car Parks budget is not exceeded. Works are planned to commence in October 2020 and be completed in June 2021. Attachment/s 1 D20/281903 Contract RFT-2020-84 - Road Reconstruction Works Craigrossie Ave and Wattle Gve, Coburg - Evaluation Summary Pursuant to sections 77(2)(c) of the Local Government Act 1989 and 3(1)(g) of the Local Government Act 2020 this attachment has been designated as confidential by the Chief Executive Officer because it relates to private commercial information.

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NOM37/20 INCLUSIVE EMPLOYMENT (D20/315057) Cr Sue Bolton

1. Background Cr Bolton’s background: Moreland has a strategic direction providing inclusive employment in order to overcome discriminatory barriers which particular groups of people face in seeking employment. Prior to the Inclusive Employment strategy, Moreland had adopted an approach on increasing the employment of Aboriginal and Torres Strait Islanders. 2. Policy Context Officer comments: The adopted budget for 2020/21 includes funding for an Inclusive Employment program (for five trainee positions). Council resolved at the 8 July 2020 Council meeting that this program would be fully directed towards people with disability. There is no specific program funding in 2020/21 for an employment program for Aboriginal and Torres Strait Islander people. Further work on inclusive employment, including for Aboriginal and Torres Strait Islander people, will be progressed through the delivery of Council’s first Workforce Plan, which will be developed during 2021. If this motion is adopted, other options will also be included in the officer report. 3. Financial Implications Officer comments: Any financial implications will be detailed in a future report to Council on progress on Council’s approach on inclusive employment. 4. Resources Implications Officer comments: The report can be provided within existing resources. Unless COVID-19 impacts further, this report can be provided to the September 2020 Council meeting. Motion That Council receives a report with progress with its Inclusive Employment program at the September 2020 Council Meeting.

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NOM38/20 TREE PLANTING FOR WEST PAPUA (D20/315089) Cr Sue Bolton

1. Background Cr Bolton’s background: Moreland council has given support to the campaign in support of self-determination for West Papuans, including supporting the local West Papuan community. The community is requesting that local councils and community groups participate in tree planting in recognition of the contribution by Dag Hammarskjöld, the second secretary general of the United Nations (1953-61), to the struggle for self-determination for many countries and peoples, including West Papua. The Women’s office of the Federal Republic of West Papua is organising events to commemorate Dag Hammarskjold during the 75th anniversary of the establishment of the UN in June 1945. https://dfait.federalrepublicofwestpapua.org/document/join-tree-planting-ceremonies- in-honour-of-un-sec-general-dag-hammarskjold-1953-1961/ 2. Policy Context Officer comments: Council Plan 2017-2021 Strategic Objective 1: Connected Community Key Priority 1: Achieve higher levels of social cohesion for our multicultural, established and newly arrived community, by fostering opportunities for shared learning and celebration . COVID-19 – State of Disaster Under the current State of Disaster restrictions enforced by the State Government in relation to the COVID-19 crisis, no event can be held for this tree planting. These restrictions are in place for a minimum of six weeks, and even when they revert back to stage 3 restrictions, public events are not permissible. This year’s planting program is likely to be completed by the time the restrictions are eased and an event can be held. A significant focus of this request is to celebrate the 75th anniversary of the establishment of the UN by creating a video of the tree planting and having these videos presented to the UN Secretary-General Guterres on 29 September (the date Mr Hammarskjöld was buried in Sweden in 1961). Given the current restrictions due to COVID-19, although a tree can be planted now, there can be no event to acknowledge the planting of the tree and hence no creation of the 2-minute video. 3. Financial Implications Officer comments: Being this planting is proposed as part of Council’s annual tree planting program, there would be no additional financial implications incurred by this proposal. 4. Resources Implications Officer comments: Being this planting is proposed as part of Councils annual tree planting program, there would be no additional financial implications incurred by this proposal.

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Motion That Council: 1. Plants a tree as part of the tree planting program of tree planting ceremonies in recognition for the contribution by Dag Hammarskjöld, the second secretary general of the United Nations (1953-61), to the struggle for self-determination for many countries and peoples, including West Papua. 2. Schedules the planting and associated event at an appropriate time depending on the future easing of COVID-19 restrictions.

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NOM39/20 COBURG SQUARE (D20/315099) Cr Sue Bolton

1. Background Cr Bolton’s background: Council is committed to developing the centre of Coburg into an area with a public square, employment-generating offices, community facilities and housing. The project is known as Coburg Square. As this development would be on Council owned land, there is an opportunity to consider including some facilities for homeless people such as providing showers and lockers. 2. Policy Context Officer comments: The delivery of Coburg Square (TCI Development Cluster 1) has been a Council Plan commitment for successive Council terms. The goal of this project is to redevelop this Council owned site to create a new town square, improved streets and mixed-use retail, commercial and residential development. Development of this site will catalyse regeneration of central Coburg and increase jobs and people living in the centre which is a long-held aspiration of successive Council terms. The Council Action Plan (CAP) includes: • CAP 44 Key Priority: P3 Support the local economy and trading environments to enhance economic activity and promote jobs; Deliverable P3b) The Coburg Initiative (TCI): major urban regeneration project for the Coburg Activity Centre; Progress delivery of: TCI Development Cluster 1 – Coburg Square. The proposed redevelopment of the Coburg Square site is supported by a significant body of strategic work undertaken by Council and consulted with the community over many years. Council’s policy positions which support the project include: • Central Coburg 2020 Structure Plan (2006), updated in 2016 by the Coburg Activity Centre Structure Plan Reference Document (2016); • The Coburg Initiative: Colours of Coburg Place Framework (2010); and • Coburg Activity Centre Zone included in the Moreland Planning Scheme (ACZ). 3. Financial Implications Officer comments: There are no financial implications associated with preparing an officer report. 4. Resources Implications Officer comments: There are no resources implications associated with the preparation of a Council report other than officer time.

Motion That Council receives a report on the potential to include some facilities for homeless people in the Coburg Square. Such facilities could be the provision of showers and lockers.

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NOM40/20 ENHANCING TRANSPARENCY AND ACCESS TO COUNCIL’S MINUTES, AGENDAS AND MAYORAL CORRESPONDENCE ON ADVOCACY (D20/315114) Cr Mark Riley

1. Background Cr Riley’s background: Council is currently updating the Public Transparency policy (see August Agenda for a report). Currently Council makes available past Council Meeting and Planning and Related Matters Committee meeting minutes and agendas on the website. However, the readily accessible agenda papers and minutes only cover the most recent meetings of the past two years or thereabouts. This means that when people need to access earlier documents that they would then formally submit a request to Council Services to provide these. Given contemporary technical and electronic systems and their capacity this seems to not make the most of the advantages that these systems can provide. The draft Public Transparency policy endeavours to promote access and transparency. It will also make available minutes and documents from Council’s other Advisory Committees too. Currently Councillors receive copies of advocacy letters and it would assist the general public and residents to see these too, in the public interest, whether or not they agree with Council’s position. Greater transparency with and between Councillors on other Mayoral correspondence would also facilitate better outcomes for Council as a whole along with more attention on the processes for reaching agreed policy and advocacy positions and priorities. 2. Policy Context Officer comments: The proposals outlined are aligned with the intent of the proposed Public Transparency Policy. The minutes and agendas from previous Council meetings are public documents (except agendas designated as confidential or minutes of meetings that have been closed to the public in accordance with the Local Government Act 1989) and are accessible to the community. Providing a longer history of minutes and agendas on the website is being investigated and will provide easier access for the community. Mayoral correspondence in relation to advocacy issues usually occurs as a result of a resolution of Council and in most instances it would be appropriate for it to be available in accordance with the public transparency principles of the Local Government Act 2020 and the proposed Public Transparency Policy. 3. Financial Implications Officer comments: There are no financial implications arising from the proposal. 4. Resources Implications Officer comments: The resources (time) required to publish previous Council meeting minutes and agendas on Council’s website can be achieved within existing resources, noting there may be limitations with the current website software and structure. The refresh of Council’s website currently underway will provide opportunity to publish these documents if the current software limits the ability to do it.

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Motion That Council: 1. Notes Council Agendas and Minutes, including the Planning and Related Matters Meetings, will be made available, for at least the last five years, on the Council website. 2. Publishes clear instructions on Council’s website as to how Council’s earlier minutes and agendas, prior to the last available date, can be accessed by the community public. 3. Makes Mayoral advocacy correspondence resulting from a Council decision available to the public. 4. Includes in the review of the Councillor Code of Conduct required by the Local Government Act 2020 consideration of information exchange between Councillors, including how and when general Mayoral correspondence will be shared with Councillors.

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