Banyule City Council Minutes 4 April 2016

These Minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 18 April 2016 1

Ordinary Meeting of Council

Council Chambers, Service Centre

275 Upper Heidelberg Road, Ivanhoe

4 April 2016 commencing at 7.45pm

MINUTES

PRESENT ..............................................................................................................................3

APOLOGIES AND LEAVE OF ABSENCE ............................................................................3

CONFIRMATION OF MINUTES.............................................................................................3

DISCLOSURE OF INTERESTS .............................................................................................3

1. PETITIONS......................................................................................................................4

1.1 Sherwood Road, Eaglemont - Petition for the review of Paid Parking .....................4

2. PEOPLE – COMMUNITY STRENGTHENING AND SUPPORT ......................................5

3. PLANET – ENVIRONMENTAL SUSTAINABILITY .........................................................5

3.1 Chandler Highway widening....................................................................................5

4. PLACE – SUSTAINABLE AMENITY AND BUILT ENVIRONMENT...............................6

4.2 North East Link - Quarterly Report ..........................................................................6

1.2 Petition in relation to proposed amendments to Planning Permit P101/2014for a performing Arts centre at Loyola College, 325 Grimshaw Street,Watsonia.................................................................................................................7

4.4 Amendment to Planning Permit P101/2014 for additional days and hours atLoyola College Performing Arts Centre, 325 Grimshaw Street, Watsonia ...............8

4.5 Leith Walk, Macleod - Recieve submissions on proposed permanent roadclosure ..................................................................................................................10

4.6 Consent Order for Planning Application 6/67-75 The Mall, Heidelberg West(P194/2015)..........................................................................................................11

5. PARTICIPATION – COMMUNITY INVOLVEMENT IN COMMUNITY LIFE ...................13

6.1 14-18 Livingstone Street, Ivanhoe - Proposed Sale of Land..................................13

6.4 One Flintoff Benefits Realisation ...........................................................................14

7.1 Sealing of Documents...........................................................................................16

8.1 Level Crossing Removal Consultation...................................................................17

MINUTES ORDINARY MEETING OF COUNCIL 4 APRIL 2016

2 These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 18 April 2016

8.2 Defence Force School of Signals (DFSS) Exercising Freedom of EntryCeremony to Banyule ...........................................................................................17

8.3 Use of Ethical Paper .............................................................................................18

2.1 Review Advocacy Approach to Bullying ................................................................18

2.2 VetRide - Consideration of support .......................................................................19

4.1 Signing the International Charter for Walking ........................................................20

4.3 Construct a second double storey dwelling adjacent to the existing dwellingat 5 Stone Court, Viewbank ..................................................................................21

5.1 50th Anniversary of Long Tan ...............................................................................28

6.2 Kindergartens - Proposed Leases.........................................................................29

6.3 Special Meeting for Councillor Code of Conduct Review.......................................29

6.5 Assembly of Councillors........................................................................................30

7. SEALING OF DOCUMENTS .........................................................................................32

8. NOTICES OF MOTION..................................................................................................32

8.4 Olympic Village 60th Anniversary History Project..................................................32

9 . GENERAL BUSINESS ..................................................................................................32

9.1 Attendance at Recent Events................................................................................32

9.2 Public Participation at Council Meetings ...............................................................34

4. URGENT BUSINESS.....................................................................................................34

CLOSURE OF MEETING TO THE PUBLIC.........................................................................34


These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 18 April 2016 3

EXTENSION OF PUBLIC FORUM

Resolution (CO2016/73)

That the Public Forum be extended until 8pm.

Moved: Cr Jenny MulhollandSeconded: Cr Rick Garotti CARRIED

The Meeting opened at 8.09pm.

Acknowledgement of the Traditional Owner, the Wurundjeri willam people

The Mayor read an acknowledgement of the traditional land owners, the Wurundjeri willampeople.

Present

Mayor Cr Craig Langdon, Cr Steven Briffa, Cr Wayne Phillips, Cr Mark Di Pasquale,Cr Rick Garotti, Cr Tom Melican, Cr Jenny Mulholland.

Apologies and Leave of Absence

Nil

Confirmation of Minutes

That the following Minutes be confirmed:

Ordinary Meeting of Council held 7 March 2016

Moved: Cr Jenny MulhollandSeconded: Cr Mark Di Pasquale CARRIED

Disclosure of Interests

Cr Jenny Mulholland declared an indirect interest in item 2.1.

Cr Mark Di Pasquale declared a conflicting personal interest in item 2.2.

Cr Tom Melican declared a conflicting personal interest in item 2.2.



PROCEDURAL MOTION


That items with speakers being items 1.1, 3.1, 4.2, 4.4, 4.5, 4.6, 6.1, 6.4, 7.1, 8.1, 8.2 and 8.3be considered before all other items listed on the Agenda.


1. PETITIONS

1.1 SHERWOOD ROAD, EAGLEMONT - PETITION FOR THE REVIEW OF PAIDPARKING

Mr Peter Camilleri spoke to the item.

EXECUTIVE SUMMARY

A petition with 65 signatures has been received from residents of Eaglemont and Ivanhoe,requesting the review of the need for the paid parking system introduced in Sherwood Road,Eaglemont, in February 2016.

The petition prayer is as follows:

“We, the undersigned, as local ratepayers, would like to request that Council review the needfor, and cancel, the planned introduction of Paid Parking [from the unrestricted parkingcurrently in place] for the13 car spaces adjacent to the Eaglemont Railway Station.

The following reasons are offered in support of this position:

• The Paid Parking is understood to be a Council Initiative passed at the ordinary CouncilMeeting of 22 June 2015. which was not accompanied by any Resident Consultationeither before or after the Council Meeting. The first some of the local residents becameaware of the proposal was in a Council letter to “the Occupier –Sherwood Road”, dated8 January 2016, others, only recently, when they noticed small signs positioned on tallsteel poles.

• From past experience on Studley Road, the most likely result of introducing PaidParking [or even just parking restrictions] at those 13 parking spaces will be for the 13cars to seek parking on Studley Road which is the nearest unrestricted parkinglocation.

• There is Insufficient available parking on Studley Road in the neighbourhood of thepathway between #54 and #56 Studley Road to absorb 13 additional cars from thePark and Ride group understood to be using those parking spaces on Sherwood Road.This will result in increased congestion in Studley Road and underutilized[sic] spaceson Sherwood Road.”

It is considered appropriate that a parking investigation be undertaken in six months toassess the parking occupancy rates for Sherwood Road and Studley Road, and determinewhether modifications to the parking arrangements are necessary.




That Council:

1. Receive and note the petition.

2. Commence to monitor and investigate the parking levels in Sherwood Road,Eaglemont, and Studley Road, Ivanhoe, and determine whether modifications to theparking arrangements in the area are appropriate.

3. A further report be presented to Council on the outcome of the parking investigation inthe area in six months from the date of this resolution.

4. Advise the primary petitioner accordingly.

Moved: Cr Jenny MulhollandSeconded: Cr Steven Briffa CARRIED

2. PEOPLE – COMMUNITY STRENGTHENING AND SUPPORT

Order of Business altered, item 2.1 considered later in meeting.

3. PLANET – ENVIRONMENTAL SUSTAINABILITY

3.1 CHANDLER HIGHWAY WIDENING

Mr Dennis O’Connell spoke to the item.

EXECUTIVE SUMMARY

The State Government made an announcement on 28 January 2016 that it will adoptVicRoads’ recommendation on widening Chandler Highway, Alphington which includes anew six lane bridge over the Yarra River on the west side of the existing bridge. Council hasreceived letters from both Yarra City Council and Darebin City Council advising of theirrespective Council resolutions against the proposal.

The scope of the project appears to be inconsistent with the objectives of the TransportIntegration Act (2009) and Banyule’s Integrated Transport Plan, as such it is consideredreasonable to request a review of the project scope and an investigation of the concernsraised by both the Yarra City Council and Darebin City Council.


That item 3.1 be deferred to a future meeting of Council.

Moved: Cr Steven BriffaSeconded: Cr Mark Di Pasquale CARRIED



4. PLACE – SUSTAINABLE AMENITY AND BUILT ENVIRONMENT

4.2 NORTH EAST LINK - QUARTERLY REPORT

Mr David Mulholland and Mr Dennis O’Connell spoke to the item.

EXECUTIVE SUMMARY

There has been no indication by the State Government and VicRoads of any progress onplanning for the proposed North East Link in the three months since last reported to Council.

Infrastructure Australia has identified the North East Link as a priority initiative to reducecongestion and improve connections in the north east. RACV and the Victorian TransportAssociation are calling on the State Government to build the North East Link as a matter ofurgent priority.


1. That Council note that the State Government and VicRoads have not progressedplanning for the proposed North East Link.

2 Once the safety review on the intersection of Banyule Road and Rosanna Road iscompleted, that a meeting be organised with VicRoads and all Councillors, to discussthe outcome and possible solutions to any issues raised.

Moved: Cr Tom MelicanSeconded: Cr Rick Garotti CARRIED

PROCEDURAL MOTION


That item 1.2 which is related to item 4.4 be considered prior to item 4.4.

Moved: Cr Rick GarottiSeconded: Cr Jenny Mulholland CARRIED



1.2 PETITION IN RELATION TO PROPOSED AMENDMENTS TO PLANNING PERMITP101/2014 FOR A PERFORMING ARTS CENTRE AT LOYOLA COLLEGE, 325GRIMSHAW STREET, WATSONIA

Sam Forsyth spoke to the item.

EXECUTIVE SUMMARY

A petition with 87 signatures has been received from residents located in the surroundingarea to the south, east and west of the Loyola College School grounds.

The petition prayer is as follows:

“We, the undersigned, petition or request Council in its consideration of Loyola College’sapplication for amendments to Planning Permit P101/2014, to exclude from its considerationany and all information, however learned, from Loyola College’s online petition, which is, inany case, formally inadmissible under Council’s guidelines for petitions and joint letters. Wefurther petition the Councillors to reject Items b) and d) of the Application for an Amendment,which seeks to amend Conditions 13 (a) and 14 of the above planning permit.

Accordingly, we petition Council to base its consideration of Loyola College’s application onfactual matters. These include but are not restricted to:

1. Loyola College’s pre-existing knowledge that its “existing use right” did not extend tothe use of the land for a Place of Assembly.

2. Loyola College did not appeal the Notice of Decision to Grant a Permit for theconstruction of the Performing Arts Centre (PAC).

3. Loyola College commenced construction of the PAC following the granting of theplanning permit. (A reasonable interpretation of points 2 and 3 is that Loyola Collegehad accepted the planning permit conditions.)

4. The amendments sought by Loyola College to Conditions 13 (a) and 14 of the PlanningPermit would, if granted, allow almost unrestricted after hours use of the PAC – apotential level of use inconsistent with that of an Education Centre. What has changedin the period between the initial permit and the application for amendment to justifysuch a significant change?

5. Loyola College’s request to extend weekday after hours use to 11pm is not supportedby the industry practice of professional performing arts companies. A review of currentprofessional theatre, ballet and opera events in Melbourne found that none finish laterthan 10.40pm, with most finishing before or about 10pm.

6. The permission to seek approval for additional, event-specific use of the PAC outsideschool hours is, in any case, available through Condition 13 of the current planningpermit.

7. Increased “after hours” use of the PAC would exacerbate already unacceptable trafficproblems in Bungay Street and other nearby streets – a matter that is not adequatelycovered by the current planning permit and which would require further communityconsultation. It would also result in a significant negative impact on the amenity of theresidents living in these adjoining streets with frequent, late evening movements ofPAC patrons.”



The petition requests Council to take the above comments into account in considering theapplication.


That:

1. Council receives and notes the petition being 210 signatories in total.

2. The concerns raised in the petition be considered as part of the assessment of therequested amendment to Planning Permit application (P101/2014).

3. The lead petitioner be advised of Council’s decision.

Moved: Cr Rick GarottiSeconded: Cr Jenny Mulholland CARRIED

Cr Steven Briffa left the Chamber at 8.50pm, and returned at 8.52pm.

4.4 AMENDMENT TO PLANNING PERMIT P101/2014 FOR ADDITIONAL DAYS ANDHOURS AT LOYOLA COLLEGE PERFORMING ARTS CENTRE, 325 GRIMSHAWSTREET, WATSONIA

Cr Jenny Mulholland left the Chamber at 8.59pm, and returned at 9.03pm.

Sam Forsyth, Chris Rapson, Ron Whitmore, Lorenzo Rigoni, Ezio Costa and Anne MarieCairns spoke to the item.

EXECUTIVE SUMMARY

Planning permission was granted on 20 January 2015 for a purpose built Performing ArtsCentre and associated car parking and vegetation removal. A number of conditions wereattached to the planning permit to limit the potential for adverse impact upon theneighbouring residential area, including traffic generation. These conditions includedrestricting the frequency of the use of the building and operating hours, restricting use of apublic address system outside the building, limiting the use of the Performing Arts Centreand main School Hall at the same time and limiting the number of seats within the centre.

The school are now seeking planning permission to vary these conditions.

It is considered that the application should be supported in part as follows:

• Support use of the Performing Arts Centre from 4pm to 11pm one evening a week fromMonday to Friday

• Support minor amendments relating to public address systems and the number ofseats available for patrons of the Performing Arts Centre

The proposed amendment to permit use of the Performing Arts Centre from Monday toFriday up to three nights a week until 11pm and permit use of the School Hall andPerforming Arts Centre at the same time for a singular event are not supported.




PART A:That Council having complied with Section 52, 58, 60, 61 and 62 of the Planning andEnvironment Act 1987, issue a Notice of Decision to Grant a Planning Permit in respect ofApplication No. P101/2014 to Amend Planning Permit P101/2014 to vary operating hoursand confirm the intent of permit conditions relating to use of a public address system,Saturday operating hours and the total number of seats available for the audience at thePerforming Arts Centre at Loyola College, 325 Grimshaw Street, Watsonia, as follows:

1. Replace existing Condition 11 to read:Except with the further consent of the Responsible Authority no form of public addresssystem shall be used as part of the Performing Arts Centre building so as to be audibleoutside the building.

2. Amend Condition 13 to read:Except with the prior written consent of the Responsible Authority, the Performing ArtsCentre permitted by this permit may only operate outside school hours (8am to 4pm)between the following times:

(a) Monday to Friday: 4pm-10.30pm up to one evening per weekday comprising10pm for event finish, 10.15pm for patron/audience departure and 10.30pmbuilding closed.

(b) Saturday: 8.30am–12am up to two days a month comprising 11pm for eventfinish, 11.30pm for patron/audience departure and 12am building closed.

(c) Sundays: 9am-10pm up to two days a month comprising 9pm for event finish,9.30pm for patron/audience departure and 10pm building closed.

New Condition 13 (d) as recommended is not to be included.

3. Amend Condition 15 to read:The total number of seats available for patrons within the Performing Arts Centrepremises (including outdoor seating) during performances must not exceed 500 exceptwith the written consent of the Responsible Authority.

PART B:Council formally writes to Loyola College to offer technical advice from its engineering andtraffic department to assist the College with onsite signage, parking and traffic designconsiderations to optimise the use of available onsite parking by patrons/audience membersfor Performing Arts Centre events and thereby mitigate parking and traffic impacts for localresidents.

PART C:Council notes that this decision would not inhibit Loyola College from seeking amendmentsto the conditions of use of the Performing Arts Centre in the future once the facility has beenin use for a reasonable time period. This would enable the College, in consultation with localresidents, to better understand the nature and scale of any adverse impacts associated withthe usage of the facility and to seek appropriate amendments to the condition of use thatwould mitigate any adverse impacts to residents. In this regard Council notes the College'swritten correspondence regarding a willingness to deny patron access to the school viaBungay Street for certain types of Performance Arts Centre events on the basis that otherpermit conditions are varied.

Moved: Cr Rick GarottiSeconded: Cr Tom Melican CARRIED



ADJOURNMENT OF MEETING


The meeting be adjourned for 5 minutes.


The Meeting recommenced at 9.45pm. Cr Rick Garotti, Cr Jenny Mulholland andCr Wayne Phillips were not in the Chamber at the time of commencement.

Cr Jenny Mulholland returned to the Chamber at 9.46pm.

Cr Wayne Phillips returned to the Chamber at 9.52pm.

Cr Rick Garotti did not return to the Chamber.

4.5 LEITH WALK, MACLEOD - RECIEVE SUBMISSIONS ON PROPOSEDPERMANENT ROAD CLOSURE

Mr Kevin Biaggini and Janine Rizzetti spoke to the item.

EXECUTIVE SUMMARY

Council’s resolved at its meeting of 21 September 2015 to commence the statutoryprocedures to give public notice of Council’s intention to implement the permanent closure ofLeith Walk Macleod between Munro Street and Braid Hill Road.

In accordance with the Local Government Act 1989 – Schedule 11 clause 10(1)(c) andSection 223, comments on the proposal were requested from the Traffic Management Unit ofthe Victoria Police, the Metropolitan Ambulance Service and the Metropolitan Fire Brigade.No submission or objections have been received.

Public notice was given of the consultation period for the road closure proposal via Councilletter and public notices published in the ‘Heidelberg Leader’ and the ‘Heidelberg andDiamond Valley Weekly’ on 9 February 2016 with submissions on the proposal invited underLocal Government Act 1989 – Section 223. The submission period closed on 9 March 2016.A total of 16 submissions, including two late submissions were received. No submitters haverequested to be heard.

This report seeks Council’s formal receipt of the submissions received to date and to hearand receive any further submissions. A report assessing and reviewing the written and oralsubmissions will be presented to Council at a further meeting for a determination to be madeon the permanent road closure.


That Council:

1. Receive and consider 16 submissions, including two (2) late submissions, received inresponse to the public notice given of Council’s intention to permanently close LeithWalk, Macleod, between Braid Hill Road and Munro Street.



2. Receive a further report at its meeting on 18 April 2016, to determine whether topermanently close Leith Walk, Macleod, between Braid Hill Road and Munro Street.

Moved: Cr Tom MelicanSeconded: Cr Mark Di Pasquale CARRIED

4.6 CONSENT ORDER FOR PLANNING APPLICATION 6/67-75 THE MALL,HEIDELBERG WEST (P194/2015)

Mr Philip Dalton spoke to the item.

EXECUTIVE SUMMARY

Planning application P194/2015 was refused on 27 August 2015. The application proposeddevelopment of a mixed use three-storey building and was not supported by theDevelopment Planning unit due to issues associated mass, bulk and scale as well as safetyand vehicle access.

The refusal has been appealed by the applicant and the matter has been scheduled to beheard before the Victorian Civil and Administrative Tribunal (VCAT) on 14 April 2016. Theapplicant has submitted discussion plans (Revision B Received 1 March 2016) seekingCouncil’s consent to an alternative proposal.

The alternative proposal addresses the concerns which resulted in the original applicationbeing refused however, the matter is being reported to a Council meeting with respect to astatutory car parking shortfall of seven car parking spaces.


That having considered the amended schematic plans dated Council resolved to advise thePermit Applicant and the Victorian Civil and Administration that it agrees to enter into aconsent order subject to the following conditions:

Plans

1. Before the development permitted by this permit starts, amended plans to thesatisfaction of the Responsible Authority must be submitted to and approved by theResponsible Authority. When approved, the plans will be endorsed and will then formpart of the permit. The plans must be drawn to scale with dimensions and three copiesmust be provided. The plans must be generally in accordance with the amendedschematic plans (Revision B Received 1 March 2016), but modified to show:

(a) Waste storage areas for each Shop;

(b) All sustainable design features indicated in the submitted Sustainable DesignAssessment (SDA). Where sustainable design features outlined in the SDAcannot be visually shown, include a notes table providing details of therequirements (i.e. energy and water efficiency ratings for heating/cooling systemsand plumbing fittings and fixtures, etc)

(c) Engineering plans showing a properly prepared design with computations for theinternal drainage and method for of disposal of stormwater from all roofed areasand sealed areas including:

(i) The use of an On-site Stormwater Detention (OSD) system;

(ii) The connection to the Council nominated legal point of discharge;



(iii) The outfall drainage works necessary to connect the subject site to theCouncil nominated Legal Point of Discharge;

Please note the Engineering plans must show all protected and/or retained treeson the development site, on adjoining properties where tree canopies encroachthe development site and along proposed outfall drainage and roadwayalignments (where applicable) and every effort must be made to locate servicesaway from the canopy drip line of trees and where unavoidable, details of handwork or trenchless installation must be provided.

General

2. The development as shown on the endorsed plans or described in the endorseddocuments must not be altered or modified except with the written consent of theResponsible Authority.

3. Unless otherwise agreed in writing by the Responsible Authority the developmentpermitted by this permit must not be occupied until the development has beencompleted to the satisfaction of the Responsible Authority in accordance with thepermit and endorsed plans (including, but not limited to built form and layout, parking,landscaping, drainage, street numbering, replacement of street trees).

Urban Design / External Appearance

4. The walls of the development must be cleaned and finished in a manner to thesatisfaction of the Responsible Authority.

Car Parking / Access

5. Areas set aside for the parking of vehicles together with the aisles and access lanesmust be properly formed to such levels that they can be utilised in accordance with theendorsed plans and must be drained and provided with an all weather seal coat. Theareas must be constructed, drained and maintained in a continuously useable conditionto the satisfaction of the Responsible Authority.

6. Areas set aside for the parking and movement of vehicles as shown on the endorsedplan(s) must be made available for such use and must not be used for any otherpurpose.

7. Vehicular access or egress to the subject land from any roadway or service lane mustbe by way of a vehicle crossing constructed in accordance with Council’s VehicleCrossing Specifications to suit the proposed driveway(s) and the vehicles that will usethe crossing(s). The location, design and construction of the vehicle crossing(s) mustbe approved by the Responsible Authority. Any existing unused crossing(s) must beremoved and replaced with concrete kerb, channel and naturestrip to the satisfaction ofthe Council prior to occupation of the building. All vehicle crossing works are to becarried out with Council Supervision under a Memorandum of Consent for Works whichmust be obtained prior to commencement of works.

Time Limits

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

(a) The development is not commenced within two years of the date of this permit;

(b) The development is not completed within four years of the date of this permit.



In accordance with section 69 of the Planning and Environment Act 1987, theResponsible Authority may extend the periods referred to if a request is made inwriting:

(a) Before the permit expires, or

(b) Within six months afterwards, or

(c) Within 12 months afterwards if the development started lawfully before the permitexpired.

Moved: Cr Jenny MulhollandSeconded: Cr Wayne Phillips CARRIED

5. PARTICIPATION – COMMUNITY INVOLVEMENT IN COMMUNITY LIFE

6.1 14-18 LIVINGSTONE STREET, IVANHOE - PROPOSED SALE OF LAND

Mr Roger Fyfe, Mr Brian Grace, Mr Dennis O’Connell and Ms Gilda May spoke to the item.

EXECUTIVE SUMMARY

Council is the owner of a two level car park at 14-18 Livingstone Street, Ivanhoe, (land),which was constructed in association with the Ivanhoe Plaza Shopping Centre, and is subjectto a 30 year lease to the current owner, Seacrest Pty Ltd (Seacrest), which expired inJanuary 2013.

Seacrest is currently over holding under the expired lease and protracted negotiations toenter into a new lease have been undertaken between Council and Seacrest. UltimatelyCouncil’s senior legal advisors indicate that the negotiations are at an impasse and thatlitigation may not resolve the stalemate. Legal advice suggests that, in the interest of bothparties, an alternative arrangement should be negotiated involving the sale of the land toSeacrest, subject to certain conditions being agreed and Council fulfilling its statutoryobligations under the Local Government Act 1989 (Act) prior to the sale of the land.

Together with legal expenses, continued ownership of the land may result in Council beingentirely liable for all outgoing expenses including maintenance, currently costed at $75,000annually, potentially with no leasing income depending on the outcome of litigation.

Public notice of the Council’s intention to sell the land was given in the Heidelberg Leader”on 19 January 2016, with submissions on the proposal invited in accordance with Section223 of the Act. The submission period closed on 16 February 2016, with 10 (ten)submissions, including one (1) late submission, being received.

At its Ordinary Meeting on 7 March 2016, Council considered the written submissionsreceived, and heard from four (4) of the five (5) submitters who had requested to be heard insupport of their written submission, with one submitter not attending the meeting.

This report seeks Council’s decision in relation to whether or not to sell the land and, if so,the preservation of 117 public car parking spaces on the land in perpetuity regardless ofwhether the land continues to remain in its current state or if the land is redeveloped inaccordance with the Ivanhoe Structure Plan at some stage in the future.




That:

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

a. by giving public notice in the “Heidelberg Leader” on 19 January 2016; andb. by recording that ten (10) submissions, including one (1) late submission, were

received; andc. by providing an opportunity to those who have requested to be heard at Council’s

Ordinary Meeting of 7 March 2016 to be heard at that meeting; andd. by noting the submitters’ concerns;

Council agrees to sell the Council-owned land and improvements known as14-18 Livingstone Street, Ivanhoe (land) to Seacrest Pty Ltd for the following reasons:

• it resolves the impasse in renegotiating the lease;• it provides an opportunity for the land to be redeveloped in the future in

accordance with the Ivanhoe Structure Plan;• it protects Council from potential ongoing costs associated with owning and

maintaining a public car park; and• it preserves in perpetuity the retention of 117 public car parking spaces on the

land.

2. The submitters be advised of Council’s decision and the reasons for that decision.

3. The contract of sale include a provision obligating Seacrest to enter into an agreementpursuant to Section 173 of the Planning and Environment Act 1987 requiring the ownerof the land from time to time to, amongst other things, provide 117 fully maintained carparking spaces on the land for public use, with such car parking spaces having aminimum time limit of 2 hours and a maximum time limit to be agreed betweenCouncil and the owner.

4. The necessary documentation to effect the sale of the land be signed and sealed at theappropriate time.

Moved: Cr Steven BriffaSeconded: Cr Jenny Mulholland CARRIED

6.4 ONE FLINTOFF BENEFITS REALISATION

Mr Brian Grace spoke to the item.

EXECUTIVE SUMMARY

The construction of the office development at One Flintoff, above WaterMarc, progresses therealisation of the vision for Greensborough as a place that is economically vibrant and valuescommunity and individual wellbeing.

It is expected that the construction will be completed in December 2016, with Council staffcurrently located across three main offices at Rosanna, Greensborough and Ivanhoe movinginto the new office in January 2017.



The One Flintoff project provides a broad range of benefits to the Banyule community thatwill be realised in the coming years once One Flintoff is completed. These benefits can bebroadly categorised as:

Community• Substantially improved community facilities in Greensborough.• Provision of a “One Stop Shop” for Council services.• The move of Council operations out of the Ivanhoe office provides the opportunity to

revitalise the Ivanhoe Civic Precinct by providing a redeveloped library and communityhub.

• The move of Council operations out of the Rosanna office provides the opportunity for aredevelopment of a new commercial development and new anchor to the Rosannacommercial area.

Environmental• The proposed building will be designed to be highly environmentally efficient.• The leadership shown by Council in the development of such an environmentally

sustainable building will become a demonstration project for the development industry inBanyule and should influence further environmentally sustainable development in themunicipality.

Economic• The construction of One Flintoff in Greensborough provides broader economic benefits

to the Banyule community from the construction of the building and the addition of thecommercially leased floor that provides the opportunity to attract an estimated additional150 enduring jobs to Greensborough.

• The redevelopment of the Ivanhoe Town Hall as the proposed Ivanhoe Community Huband the Rosanna office as a proposed supermarket will provide further economic benefitto the Banyule community from the construction activity.

• The sale of 9-13 Flintoff Street to Australian Unity will result in a further 30 medicalservices related jobs in the community.

Financial benefits• The commercial floor consists of 2,200 square metres of floor space which is anticipated

to have a net rent in excess of $500,000 per annum.• Estimated savings from elimination of travel time, productivity savings and reduction in

utility cost/year are projected to be up to $1M per year.• The construction of the meeting facilities frees up space in Watermarc to expand the

gym thus providing a greater financial return to Council.

Since 2001 Council has consulted with the community extensively on the development of theGreensborough Structure Plan, the construction of WaterMarc and the construction of theOne Flintoff office building.

This has included community meetings, information sessions, festival stands, businessbreakfasts, Banyule Banner articles, website information, information in local papers, factsheets and direct mail outs to stakeholders, traders and adjoining properties.

Consultation meetings have also continued with Greensborough traders, the GreensboroughConsultative Committee and the operator of WaterMarc facility during the detailed designstage and construction of the project.

A detailed Consultation Plan has also been developed and will be progressively rolled outduring the construction of the project.




That Council:

1. Note the benefits provided by the One Flintoff (WaterMarc) initiative.

2. Note recent concerns raised by the State Member for Bundoora, Colin Brooks MP, inthe media and in a direct letter correspondence with local residents regarding OneFlintoff.

3. Write to Colin Brooks MP and Parliamentary Services Victoria seeking details on thecosts to Victorian tax payers associated with Mr Brooks' direct letter correspondencewith local residents. Further clarification whether the actions by Mr Colin Brooks withthe above letter falls within Parliament guidelines.

4. Authorise the Mayor to write on behalf of Council to all residents andratepayers clarifying Council's services and finances noting the range of benefits thatOne Flintoff provides. This letter should include a statement from Council callingon Local, State and Federal Government representatives in Banyule to work togetherto deliver quality services and infrastructure and to cease political bickering in what is aFederal and Local Government election year. The letter to be followed up with a factsheet distributed to residents and ratepayers. Council to utilise existing communicationchannels to clarify the intent of this resolution.

Moved: Cr Wayne PhillipsSeconded: Cr Steven Briffa CARRIED

7.1 SEALING OF DOCUMENTS

Mr Roger Fyfe spoke to the item.


That the Common Seal of the Banyule City Council be affixed to the Deed of Assignment forPrivate Parking Agreement at 72-84 Upper Heidelberg Road, Ivanhoe.




8.1 LEVEL CROSSING REMOVAL CONSULTATION

Cr Steven Briffa submitted a Notice of Motion.

Cr Jenny Mulholland left the Chamber at 11.14pm.

Mr Kevin Biaggini spoke to the item.



That this item be deferred to a future Meeting of Council.


8.2 DEFENCE FORCE SCHOOL OF SIGNALS (DFSS) EXERCISING FREEDOM OFENTRY CEREMONY TO BANYULE

Cr Craig Langdon submitted a Notice of Motion.

Mr Kevin Biaggini spoke to the item and also spoke to Item 5.1.


That:

1. Council invite the Defence Force School of Signals (DFSS) to exercise its right tomarch in Banyule City by Granting of Freedom of Entry (FOE).

2. A report be presented to Council on the costs associated with the event.

Moved: Cr Jenny MulhollandSeconded: Cr Craig Langdon CARRIED



8.3 USE OF ETHICAL PAPER

Cr Craig Langdon submitted a Notice of Motion:

Mr Roger Fyfe and Ms Mary Anne Boyd-Squires spoke to the item.


That a report be presented to Council regarding the use of ethical office paper in itsoperations and any implications of signing the Wilderness Society of Victoria’s Ethical Paperpledge. Such a report is to include advice from Council’s Environment Advisory Committee.


2.1 REVIEW ADVOCACY APPROACH TO BULLYING

Cr Jenny Mulholland declared an indirect conflict in item 2.1 Review Advocacy Approachto Bullying, due to conflicting duties on the basis that her employer will be holding afundraiser for the promotion of the anti-bullying video.

Cr Mulholland left the Chamber at 11.36pm.

EXECUTIVE SUMMARY

Bullying is generally defined as the repeated verbal, physical, social or psychologicalaggressive behaviour by a person or group directed towards a less powerful person or groupthat is intended to cause harm, distress or fear.

There is well documented evidence and data in Australia and internationally that show theprevalence and impact of bullying on children and young people.

1. Council receive a report on the 4 April 2016 regarding promotional opportunities toschools and the wider community in the documented affects associated with bullying.

2. The report identifies locally produced documentaries based on the impacts of bullyingin the community.

3. Council receive advice on the best approach to advocate on the issues associatedwith bullying.

Bullying is a complex and multipronged issue and requires sensitive and diverse strategiesaccordingly. While bullying happens across the country every day, educators and parentsare working together to do what they can to eliminate bullying both at home and school.

This reports highlights work undertaken at a National, State and local level to address theissue of bullying and raise awareness and provide support.

Schools are supported to develop strategies within their school communities. There areexcellent resources available both online and in print through government departments, peakbodies, community based organisations and foundations for schools, individuals and parentson how to deal with bullying.

Many programs have also been created locally to tackle the problem.



Banyule also delivers a range of initiatives that directly and indirectly address the issuesassociated with bullying. These will continue to be reviewed and further developed throughevaluation and continuous improvement.


1. That Council note the information contained in this report and continue to supportinitiatives that raise the awareness of bullying in the community.

2. That Council again places this issue of bullying to the next Youth Summit and thevarious Council committees.

Moved: Cr Steven BriffaSeconded: Cr Craig Langdon CARRIED


2.2 VETRIDE - CONSIDERATION OF SUPPORT

Cr Mark Di Pasquale and Cr Tom Melican declared a conflicting personal interest in item 2.2VETRide - Consideration of Support, being that both Councillors participated in the eventand both paid a $300 entrance fee personally.

In accordance with (s79B) of the Local Government Act 1989, both Councillors sought theCouncil’s approval to be excused from voting on the item.

That Council consent to Cr Mark Di Pasquale and Cr Tom Melican being exempt from votingon item 2.2 VETRide - Consideration of Support due to a declaration of conflictingpersonal interest, and notes that both Councillors have paid their own entrance fee of $300each.


Cr Tom Melican and Cr Mark Di Pasquale left the Chambers at 11.40pm

EXECUTIVE SUMMARY

Council on 7 March resolved to acknowledge its support for the VetRide and the work it doesin looking after the welfare of Vietnam Veterans. A report is presented on the considerationof a donation towards the Service and the Sacrifice Tour 2016.

Banyule administers requests for grants and donations through its grants program. Thisrequest for a donation is outside of the grant rounds. Council needs to determine whether ornot to allocate the funds.




That Council determine to allocate $5,000 towards the Sacrifice Tour 2016, the funds beallocated from the current budget.


Cr Tom Melican and Cr Mark Di Pasquale returned to the Chamber at 11.41pm.

4.1 SIGNING THE INTERNATIONAL CHARTER FOR WALKING

EXECUTIVE SUMMARY

One of the Banyule Integrated Transport Plan (BITP) objectives is to encourage walking fortransport in Banyule. The importance of being active for health benefits is also an underlyingprinciple behind the Banyule Recreation Plan and the Municipal Health and Wellbeing ActionPlan.

A key action of the BITP recommends that Council sign the International Charter for Walking.The charter identifies the needs of people on foot and provides a set of eight principles tohelp authorities create a culture where people choose to walk. These are to:

1. Increased inclusive mobility – ensuring safe and accessible walking infrastructure forall.

2. Well designed and managed spaces and places for people – ensuring streets aredesigned for people not only cars.

3. Improved integration of networks – connected walking routes and transport links.4. Supportive land-use and spatial planning – emphasis on walking access.5. Reduced road danger – slowing traffic and ensuring safe crossings.6. Less crime and fear of crime – ensure lighting of paths and unobscured visible walking

routes.7. More supportive authorities – commit to a walking plan for the community.8. A culture of walking – encourage, support and celebrate walking in the community.

The Charter has been signed by municipalities globally. Local signatories include Melbourne,Monash, Manningham and Darebin Council’s.

It is recommended that Council signs the International Charter for Walking. Signing theCharter will demonstrate Council’s acknowledgement of the importance of walking andincrease walking awareness leading in to the planned development of a Banyule PrincipalPedestrian Network and a Banyule Walking Strategy.


That Council signs the International Charter for Walking.

Moved: Cr Tom MelicanSeconded: Cr Wayne Phillips CARRIED



4.3 CONSTRUCT A SECOND DOUBLE STOREY DWELLING ADJACENT TO THEEXISTING DWELLING AT 5 STONE COURT, VIEWBANK

EXECUTIVE SUMMARY

This report considers a planning permit application for a multi-unit development (new doublestorey dwelling adjacent the existing dwelling) at 5 Stone Court, Viewbank. It is consideredthat the proposal fails to address Council’s Residential Neighbourhood Character local policyand Clause 55 of the Banyule Planning Scheme with particular areas of concern being theproposed front setback, the design and built form of dwelling 2, the lack of opportunity toprovide an open front setback with a garden setting and inadequate planting of large canopytrees throughout the site.

There are also concerns with sense of address and vehicle manoeuvring.

It is recommended that the application be refused.


That Council having complied with Section 52, 58, 60, 61 and 62 of the Planning andEnvironment Act 1987, resolves that a Notice of Decision to Grant a Planning Permit Noticeof Decision be issued in respect of Application No. P670/2015 for Multi-unit development -Construct a new double dwelling adjacent to the existing dwelling at 5 Stone CourtVIEWBANK subject to the following conditions:

Plans

1. Before the development permitted by this permit starts, amended plans to thesatisfaction of the Responsible Authority must be submitted to and approved by theResponsible Authority. When approved, the plans will be endorsed and will then formpart of the permit. The plans must be drawn to scale with dimensions and three copiesmust be provided. The plans must be generally in accordance with the advertisedplans submitted with the application but modified to show:

a) The crossover providing access to the new dwelling reduced to 3 metres wide;

b) The driveways to be finished in earthy natural tones such as dark grey or brownsto blend with vegetation;

c) Screening provided to the windows and balconies of the existing dwelling toaddress the standard B22 of Clause 55;

d) The turning circle for the existing dwelling’s garage modified to comply withClause 52.06 to provide efficient and safe entry/exit to the garage;

e) A plan notation indicating that no building works or facilities are to be providedwithin the dedicated landscape areas;

f) Landscaping as required by Condition 2 of this permit;

g) Engineering plans showing a properly prepared design with computations for theinternal drainage and method for of disposal of stormwater from all roofed areasand sealed areas including:

(i) The use of an On-site Stormwater Detention (OSD) system;

(ii) The connection to the Council nominated legal point of discharge;

(iii) The outfall drainage works necessary to connect the subject site to theCouncil nominated Legal Point of Discharge;

Please note the Engineering plans must show all protected and/or retained trees on the



development site, on adjoining properties where tree canopies encroach thedevelopment site and along proposed outfall drainage and roadway alignments (whereapplicable) and every effort must be made to locate services away from the canopydrip line of trees and where unavoidable, details of hand work or trenchless installationmust be provided.

h) The Tree Preservation Fencing in accordance with Condition 11 of this permit;

i) Landscape and tree zones to be clearly marked with hatching, colour coding orsimilar and distinguished from useable open space areas;

j) A plan notation indicating that no building works or facilities are to be providedwithin the dedicated landscape areas;

k) A schedule of external building materials and colours, including details ofcladding and roofing materials; the schedule should be presented on a separatesheet and must include colour samples;

l) The location of external clothes lines.

2. The development permitted by this permit must not be commenced until a satisfactorydetailed landscaping plan is submitted to and approved by the Responsible Authority.Such plan must be prepared by a person suitably qualified or experienced in landscapedesign and shall include:

(a) Details of planting within the site;

(b) The identification of existing vegetation (which is not intended to be removed),and nomination of vegetation for removal throughout the site;

(c) Provision of formed garden beds with edging around the landscape zone withinthe front setback to prevent cars parking within those areas

(d) Planting adjacent to driveways and within landscaping zones to consist of varyingheights and species;

(e) A plan notation indicating that no building works or facilities are to be providedwithin the dedicated landscape areas;

(f) Provision of replacement planting for vegetation that is to be removed including aminimum of two (2) large canopy trees (mature height of at least 12m) planted ata semi-advanced state (minimum pot size 40 litre) and two (2) medium canopytrees (mature height of at least 8-12m) planted at a semi-advanced state(minimum pot size 16 litre) and two (2) small canopy trees (mature height of atleast 5m) planted throughout the site;

(g) An indigenous and/or drought tolerant planting theme;

(h) A schedule of all proposed trees, shrubs and ground cover, which includes thelocation and size at maturity of all plants, the botanical names of such plants andthe location of all areas to be covered by grass, lawn or other surface material asspecified;

(i) Location and details of paving, steps, retaining walls, water tanks, clotheslines,fence design details and other landscape works including cut and fill.

General

3. The development as shown on the endorsed plans or described in the endorseddocuments must not be altered or modified except with the written consent of theResponsible Authority.



4. Unless otherwise agreed in writing by the Responsible Authority the developmentpermitted by this permit must not be commenced until the tree protection measuresrequired by Condition 11 are installed to the satisfaction of the Responsible Authority.

5. Unless otherwise agreed in writing by the Responsible Authority the new dwellingpermitted by this permit must not be occupied until the development has beencompleted to the satisfaction of the Responsible Authority in accordance with thepermit and endorsed plans (including, but not limited to built form and layout, parking,landscaping, drainage, street numbering, replacement of street trees).

Car Parking / Access

6. Areas set aside for the parking of vehicles together with the aisles and access lanes mustbe properly formed to such levels that they can be utilised in accordance with the endorsedplans and must be drained and provided with an all-weather seal coat. The areas must beconstructed, drained and maintained in a continuously useable condition to the satisfactionof the Responsible Authority.

7. Areas set aside for the parking and movement of vehicles as shown on the endorsedplan(s) must be made available for such use and must not be used for any otherpurpose.

8. Vehicular access or egress to the subject land from any roadway or service lane mustbe by way of a vehicle crossing constructed in accordance with Council’s VehicleCrossing Specifications to suit the proposed driveway(s) and the vehicles that will usethe crossing(s). The location, design and construction of the vehicle crossing(s) mustbe approved by the Responsible Authority. Any existing unused crossing(s) must beremoved and replaced with concrete kerb, channel and naturestrip to the satisfaction ofthe Council prior to occupation of the building. All vehicle crossing works are to becarried out with Council Supervision under a Memorandum of Consent for Works whichmust be obtained prior to commencement of works.

Tree Protection / Landscaping

9. Unless otherwise agreed in writing by the Responsible Authority, the landscaping areasshown on the endorsed plans must be used for landscaping and no other purpose andany landscaping must be maintained to the satisfaction of the Responsible Authority,including that any dead, diseased or damaged plants are to be replaced.

10. Except with the further written consent of the Responsible Authority, no vegetation(other than that indicated on the endorsed plan, or exempt from planning permissionunder the provisions of the Banyule Planning Scheme) shall be damaged, removed,destroyed or lopped.

11. Unless otherwise agreed in writing by the Responsible Authority, prior to thecommencement of works (including demolition) on the site Tree Preservation Zonesand associated fencing must be established around Trees #1, #2, #3, #4, #5 & #6. Atleast 7 days prior to the commencement of works you must contact Council’sDevelopment Planning Unit on 9457 9808 so that an inspection of the TreePreservation Fencing can be carried out.



12. Once installed and inspected the Tree Preservation Zones must be maintained until theconclusion of works to the satisfaction of the Responsible Authority, and must meet thefollowing requirements:

a) Extent

Tree Preservation Zones are to be provided to the extent of the calculated TreeProtection Zone (TPZ) where it occurs within the subject property. The fencing can berealigned and suitable ground protection provided to allow the approved constructiontherein only to the satisfaction of the project arborist and only when approved by theResponsible Authority.

b) Management of works

i. A suitably qualified arborist must supervise or undertake all approvedactivity within the calculated TPZ of a retained tree. Any root severancewithin the TPZ must be undertaken to their satisfaction using a clean sharpand sterilised pruning saw. There must be no root pruning within the SRZunless consent is received in writing by the Responsible Authority, andthere must be no root pruning within the TPZ for works other than thoseendorsed by the Responsible Authority.

ii. All and any excavations within the TPZ of retained trees must beundertaken by hand or by approved non-destructive techniques suitable inthe vicinity of trees, and must only be undertaken by, or directed andsupervised by, a suitably qualified arborist for endorsed works or for workssubsequently approved by the Responsible Authority.

c) Weed control

Any weeds located within the Tree Preservation Zone are to be removed and thearea mulched with 100mm of composted coarse grade woodchips.

d) Fencing

i. Protective fencing must consist of chain wire mesh panels held in placewith concrete feet. Fencing must comply with Australian Standard AS 4687-2007 Temporary fencing and hoardings.

iii. The fences must not be removed or relocated without the prior consent ofthe Responsible Authority.

e) Signage

Fixed signs are to be provided on all visible sides of the Tree PreservationFencing, stating “Tree Preservation Zone – No entry without permission from theCity of Banyule”.



f) Irrigation

The area must be irrigated during the summer months with 10 litres of cleanwater for every 1 cm of trunk girth measured at the soil / trunk interface on amonthly basis during summer (or a percentage thereof equivalent to thepercentage of TPZ area occurring within the subject site).

g) Access to Tree Preservation Zone

i. No persons, vehicles or machinery are to enter the Vegetation Protection Zoneexcept with the consent of the Responsible Authority;

ii. No fuel, oil dumps or chemicals are allowed to be used or stored within theVegetation Preservation Zone and the servicing and re-fuelling of equipment andvehicles must be carried out away from the root zones;

iii. No storage of material, equipment or temporary building is to take place within theVegetation Preservation Zone;

iv. Nothing whatsoever, including temporary services wires, nails, screws or anyother fixing device, is to be attached to any tree.

h) Underground Services

Any underground service installations transecting a Tree Protection Zone of anyretained tree must be bored beneath the entire TPZ to a depth of at least 600mm.Any excavation within the calculated TPZ of a retained tree required for theconnection of services must be:

i. Undertaken after written approval is received from the ResponsibleAuthority; and,

ii. Undertaken by hand or by approved non-destructive techniques suitable inthe vicinity of trees under the supervision of the project arborist.

NOTE:

Requests for consent of the Responsible Authority (City of Banyule) pursuant to thisCondition should be directed to Council’s Arborist – Development Planning on 9457 9808.Consent for the conduct of further works within a Tree Protection Zone, where granted, maybe subject to conditions. Such conditions may include a requirement that:

• Any further works that are approved are to be supervised by the project arborist, and awritten component may be required also;

• All root excavation be carried out by hand digging or with the use of ‘Air-Excavation’techniques;

• Canopy and Limb protection is provided in accordance with the guidelines detailed inAS4970-2009 Protection of Trees on Development Sites.

Or other conditions, as relevant, to ensure the ongoing health and stability of the subjecttree/s.



Tree Pruning Assessment

13. Prior to the commencement of works, the project arborist must determine the canopyimpact on Trees #3 and #4 in regards to any pruning required to enable a clearance fromthe proposed dwelling (including any temporary scaffolding requirements), and advisecouncil’s development planning arborists on (03) 9457 9808. Following written approvalfrom the Responsible Authority, all tree pruning must then be carried out by a qualifiedarborist in accordance with Australian Standard AS4373-2007 Pruning of Amenity Trees,and must be restricted to the removal of no greater than 15% of the total live canopy ofindividual trees unless otherwise agreed in writing by the Responsible Authority.

NOTE: Any requirement for excessive pruning may trigger the need for a Section 72Amendment application in regard to the design of built-form.

Time Limits

(1) In accordance with section 68 of the Planning and Environment Act 1987, this permitwill expire if one of the following circumstances applies:

• The development is not commenced within two years of the date of this permit;

• The development is not completed within four years of the date of this permit.

In accordance with section 69 of the Planning and Environment Act 1987, theResponsible Authority may extend the periods referred to if a request is made inwriting:

(a) Before the permit expires, or

(b) Within six months afterwards, or

(c) Within 12 months afterwards if the development started lawfully before the permitexpired.

PERMIT NOTES

(A) Expiry of Permit

In the event that this permit expires or the subject land is proposed to be used ordeveloped for purposes different from those for which this permit is granted, there is noguarantee that a new permit will be granted. If a permit is granted then the permitconditions may vary from those included on this permit having regard to changes thatmight occur to circumstances, planning scheme provisions or policy.

(B) Additional approvals required

Building Permit Required

A Building Permit must be obtained prior to the commencement of any worksassociated with the proposed development.

Access to Council Reserve

No permission can be granted either temporary or otherwise by Council and/or itsemployees with respect to access to the adjacent Council owned land (including theroad reserve) for any purposes relating to the proposal (eg. parking of surplus vehicles,delivery of materials etc.), without application being made for the requisite permit (i.e.Local Law Permit).



Supervision of works undertaken on Council Assets

Council’s Construction Department must supervise all works undertaken on Councilassets within private property, Council Reserves, easements, drainage reserves and/orroad reserves, including connection of the internal drainage system to the existingCouncil assets. Prior to the commencement of any works, an application must bemade and a permit received for:

• A “Memorandum of Consent for Works” for any works within the road reserve;and/or

• A “Drainage Connection Permit” for any works other than within a road reserve. .

Asset Inspection Fee

Prior to the commencement of building works on site in accordance with Local Law 1, anon-refundable Asset Inspection Fee is payable to Council for the inspection of existingCouncil assets. For further information in relation to this process and the relevant feeplease contact Council’s Construction Department on 9490 4222.

(C) Ongoing restrictions

Tree Protection Zones

Requests for the consent or approval of tree protection measures pursuant to Condition11 should be directed to Council’s Arborist – Development Planning on 9457 9878.Consent for the conduct of works within the Tree Protection Zone, where granted, maybe subject to conditions. Such conditions may include a requirement that:

• Any underground service installations within the Tree Protection Zone be boredto a depth of 1.5 metres;

• All root excavation be carried out by hand digging or with the use of ‘Air-Excavation’ techniques;

• Roots required to be cut are to be severed by saw cutting and undertaken by aqualified arborist.

Or other conditions, as relevant, to ensure the ongoing health and stability of thesubject tree/s.

(D) Action on/for completion

Completion of Development

Immediately upon completion of the development permitted by this permit, the owner ordeveloper of the subject land must notify Council’s Development Planning Section thatthe development is complete and complies with all requirements of the permit. Thedevelopment will then be inspected to ensure compliance.

An early inspection process will ensure that the subdivision approvals including theStatement of Compliance can be issued without delay.

Street Numbering

Please note that property addresses are allocated by Council. This is usuallyformalised at the time of the issue of a certified plan, however it is Council’s intention tonumber the proposed allotments as follows:

Dwelling 1 (existing) 5 Stone Court VIEWBANKDwelling 2 (proposed) 3 Stone Court VIEWBANK



Residential Noise (spa pump/pool pumps/air-conditioning unit/vacuum unit etc)

The operation of the (spa pump/pool pumps/air-conditioning unit/vacuum unit etc) shallcomply with the Environment Protection (Residential Noise) Regulations 1997.Prohibited times of use as specified by the Regulations are Monday to Friday before7am and after 10pm & Weekends and public holidays before 9am and after 10pm (ifaudible from a habitable room of a neighbouring property).

The operation of the (spa pump/pool pumps/air-conditioning unit/ vacuum unit etc)must not cause a Nuisance (as defined under the Health Act 1958). A Nuisance mayinclude issues such as noise, odour or any other thing deemed to be a Nuisance underthe Act. It is recommended that the (spa pump/pool pumps/air-conditioning unit/vacuum unit etc) is not located within close proximity to neighbouring properties andwhere practicable, enclosed.

Moved: Cr Steven BriffaSeconded: Cr Wayne Phillips CARRIED

5.1 50TH ANNIVERSARY OF LONG TAN

EXECUTIVE SUMMARY

Council in September 2015 resolved to investigate how best to commemorate the 50thAnniversary of the Battle of Long Tan (Vietnam Veterans Day) on 18 August 2016 within theCity of Banyule.

The resolution contained a number of suggested initiatives and Council officers have sincemet with the main stakeholders including the local RSL’s and the Diamond Valley VietnamVeterans Association and for the funding of the proposed commemoration activities to beincluded in the 2016/17 budget allocations. As a result a number of events and activities arebeing proposed.

Funding is required from the current financial period with a further allocation required fromthe 2016/17 Budget. This report seeks Council endorsement for the program of events andthe approval of funding.


That Council commemorate the 50th Anniversary of the Battle of Long Tan during 2016 andthat a budget of $24,700 be allocated from the current 2015/16 Budget and a further $28,500be allocated from the 2016/17 Budget.




6.2 KINDERGARTENS - PROPOSED LEASES

EXECUTIVE SUMMARY

Council owns and leases the land and improvements at 23 kindergartens within themunicipality. The leases, which did not provide an option for a further term, have expired(expired leases). It is now proposed that Council enter into new leases with each of theentities that currently offer kindergarten services from the 23 kindergartens (proposedleases).

The proposal, which is to enter into new leases with each of the entities that currently offerkindergarten services from the 23 kindergartens, has triggered the need to give public noticeunder section 190 of the Local Government Act 1989 (Act).

In accordance with section 190 of the Act, public notice was given in the “Heidelberg Leader”on 16 February 2016 and the “Diamond Valley Leader” on 17 February 2016, with the publicinvited to make submissions on the proposal in accordance with section 223 of the Act. Thesubmission period closed at 5:00pm on 16 March 2016, with no submissions being received.

This report seeks Council’s decision on the granting of leases for a term of five (5) years,with no further term, at the commencing rent of $454.00 per annum plus GST for one roomkindergartens and $654 per annum plus GST for two room kindergartens.


That the report be deferred to a future Council meeting.


6.3 SPECIAL MEETING FOR COUNCILLOR CODE OF CONDUCT REVIEW

EXECUTIVE SUMMARY

The Local Government Act 1989 section 76C requires each council to adopt a CouncillorCode of Conduct. The reforms arising from the Local Government Amendment (ImprovedGovernance) Act 2015 require councils to review and comply with new requirements for theCouncillor Code of Conduct by 4 July 2016.

A special meeting must be called solely for the purpose of reviewing the Councillor Code ofConduct.

The Local Government Act 1989 (Act) provides for the setting of meeting dates and Councilis required to give public notice of the special meeting.


That:

1. In accordance with Section 76C(1) of the Local Government Act 1989 (the Act), aSpecial Council Meeting be set for Monday, 9 May 2016 at 7.00pm to review and adoptthe Banyule Councillor Code of Conduct; and



2. In accordance with Section 89(4) of the Act a public notice advising of the SpecialCouncil Meeting be published in the local newspapers.


6. PERFORMANCE – USE OUR RESOURCES WISELY

6.5 ASSEMBLY OF COUNCILLORS

EXECUTIVE SUMMARY

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

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

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

delegated to a person or committee.

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

RECORD OF ASSEMBLIES

1 Date of Assembly: 7 March 2016

Type of Meeting: Councillor Briefing

Matters Considered:Items on the Council Agenda for the Ordinary Meeting of7 March 2016 (excluding confidential items) as listedbelow:

1.1 Petition for Parking Restrictions - OlympicLeisure Centre

2.1 Petrie Park and Rattray Reserve Draft MasterPlans

4.1 Heidelberg and Bell Street Mall Parking Plan(Revised Draft)

4.2 Substituted Plans for VCAT hearing fordevelopment of five double storey dwellingsat 34 - 36 Munro Street, Macleod

4.3 Ivanhoe Grammar School - Transition toCompliance

4.4 Urban Planning and Building Activities Report4.5 Draft Residential Parking Permit Policy -

Consultation Timeframes6.1 Items for Noting6.2 Councillor Strategic Planning Workshop6.3 MAV - Provision of a Recruitment Services

Contract6.4 Election Period Policy



6.5 14-18 Livingstone Street, Ivanhoe - Hearsubmissions on proposed sale of land

6.6 Community Information and Support Services- Shop 48 The Mall, West Heidelberg

6.7 9 John Street, Ivanhoe - Proposed lease toIvanhoe Bowling Club Inc

6.8 Assembly of Councillors7.1 Yarra Plenty Regional Library Supplemental

Agreement8.1 Remotely Piloted Aircraft (RPA or

Drones)/Unmanned Aerial Vehicles (UAV)and Model Aircraft

8.2 Traffic Investigation - Rushworth Street andReeves Street, and Watsonia Primary School

8.3 Funding Safe Schools Coalition AustraliaProgram in Schools

8.4 VetRide and its support to the VietnamVeterans

8.5 Advocacy for vital transport infrastructure inBanyule and the North East of Melbourne

8.6 Review Advocacy Approach to Bullying8.7 Banyule City Council Procurement Policy8.8 Sealing of Macleod Park Car Park

Councillors Present: Mark Di PasqualeCraig LangdonTom MelicanJenny MulhollandWayne Phillips

Staff Present: Simon McMillan – Chief Executive OfficerAllison Beckwith – Director Community ProgramsScott Walker – Director City DevelopmentMarc Giglio – Director Corporate ServicesGeoff Glynn – Director Assets & City ServicesGina Burden – Manager Governance & CommunicationEmily Outlaw – Council Governance Liaison OfficerAmanda Cuxson – Development Planning Team LeaderJoel Elbourne – Manager Urban Planning & BuildingJoseph Tabacco – Manager Property & EconomicDevelopmentDaniel Kollmorgen – Manager Transport,Sustainability & Municipal Laws

Others Present: Nil

Conflict of Interest: Cr Tom Melican – item 8.4Cr Mark Di Pasquale – item 8.4Cr Jenny Mulholland – item 8.6




That the Assembly of Councillors report be received.


7. SEALING OF DOCUMENTS

Refer to Procedural Motion on page 4.

8. NOTICES OF MOTION

8.4 OLYMPIC VILLAGE 60TH ANNIVERSARY HISTORY PROJECT

Cr Craig Langdon submitted a Notice of Motion:


That Officers include the following additional initiatives in their investigation and report backto Council on the promotion of the history of Olympic Village in West Heidelberg in the leadup to the 2016 Olympic Games in Rio De Janeiro:

• Landscaping improvements along the side of the leisure centre in Alamein Road.• Lighting of the Olympic rings in Alamein Road.• Improvements to stone feature in the Village Green.• Improvements to the Southern Road entrance to the City.• Reorientate the existing bus shelter so that patrons are facing towards the oncoming

bus.• Painting/improvement of the metal guards protecting the windows along the side of

Olympic Leisure.• Development of an urban design plan to document the proposed improvements and to

be used for consultation with residents and traders.• Event to celebrate the Rio Olympics and the improvement to the Olympic Village.


9 . GENERAL BUSINESS

9.1 ATTENDANCE AT RECENT EVENTS

Cr Jenny Mulholland noted the following events and meetings that have occurred since the

last Council Meeting:

Tuesday, 8th March 2016

International Women’s Day Brunch held at Heidelberg Golf Course Cr Mulholland wanted to

thank the Mayor Craig Langdon and Cr Tom Melican for attending.



Tuesday, 8th March 2016

Girl Rising - International Women’s Day event held at the Watsonia Library. The event

featured a young local woman, Nadeesha Fernandez, who volunteered in a community in Sri

Lanka, and another local woman, Uma, who is helping to rebuild a school in India.

Thursday, 10th March 2016

Women in Business Day Lunch held in the Great Hall. Guest Speaker/Q &A Session was

Chyka Keebaugh from The Real House Wives of Melbourne. Cr Mulholland would like to

thank Chyka for speaking to every female in the room that approached her and was happy to

have her photo with them. Cr Mulholland would also like to thank the Mayor Craig Langdon

for his attendance along with the Deputy Mayor Cr Steve Briffa and Cr Tom Melican.

Thursday, 10th March 2016

IGS Ridgeway Campus Musical Songs for a New World; a wonderful evening was had by all.

Sunday, 13 March 2016

Holi Indian Festival, held in the Streeton Room at The Centre Ivanhoe. The event included

international dancers and a great afternoon was had by all. Cr Mulholland wanted to say

thank you to the Mayor Craig Langdon for attending, and both Cr Mulholland and Cr Langdon

were honoured to each be presented with a plaque.

Ministerial visit to Ivanhoe Park

This was for the announcement of the $100,000 grant towards the female change rooms.

Banyule City Council’s contribution towards the project is around $1.4million.

Wednesday, 16th March 2016

Cultural Diversity Week at Rosanna Fire Station Community House. A great evening of

music and dance was had by all. Cr Mulholland wanted to thank the Mayor Cr Craig

Langdon for attending.

Saturday, 19th March 2016

Relay for Life at Willinda Park was a moving experience. Cr Mulholland was honoured to

represent the Deputy Mayor Cr Steve Briffa and read out his speech. Cr Mulholland also

wanted to thank the Mayor Craig Langdon for attending.

Saturday, 19th March 2016Twilight Sounds at Sills Bend; a wonderful night was had by all. Cr Mulholland wanted toonce again thank staff for all their effort, as well as the hard-working volunteers. Thank youalso to the Mayor Craig Langdon and also Cr Rick Garotti.

Sunday, 20th March 2016

Grand Parade and Kids Arty Farty Fest. The march took place from Mount Street down

Burgundy Street, Heidelberg, to Sill Bend.

Tuesday, 22nd March 2016

Age in Focus photographic exhibition at The Mall. Cr Mulholland wanted to say thank you to

the Mayor for attending.



9.2 PUBLIC PARTICIPATION AT COUNCIL MEETINGS

Cr Wayne Phillips advised that he will discuss with fellow Councillors and staff Council’scurrent processes for public participation with a view to review the current rules ofparticipation.

4. URGENT BUSINESS

Nil

Closure of Meeting to the Public

That in accordance with Section 89(2) of the Local Government Act 1989, Council close theMeeting to members of the public and adjourn for five minutes to allow the public to leave theChamber prior to considering confidential items 11.1 and 11.2.


The Meeting was adjourned at 12.06am.

The Meeting was closed to the public at 12.11pm.

DATED:........................... DAY OF ........................... 2016

.............................................MAYOR

Banyule City Council Minutes 4 April 2016

Documents

Transcript of Banyule City Council Minutes 4 April 2016