knox city council · annual report 2010-11 . 359. 11. items for information . 11.1 . all wards...

KNOX CITY COUNCIL MINUTES

Ordinary Meeting of Council

Held at the Civic Centre

511 Burwood Highway Wantirna South

On

Tuesday 25 October 2011

KNOX CITY COUNCIL

MINUTES FOR THE ORDINARY MEETING OF COUNCIL HELD AT THE CIVIC CENTRE, 511 BURWOOD HIGHWAY, WANTIRNA SOUTH

ON TUESDAY 25 OCTOBER 2011 AT 7.01P.M.

PRESENT:

Cr S McMillan (Mayor & Chairperson) Dobson Ward Cr P Cole Baird Ward Cr J Mortimore Chandler Ward Cr J Cossari Collier Ward Cr A Gill (arrived at 7.07pm) Dinsdale Ward Cr A Walter Friberg Ward Cr D Pearce Taylor Ward Cr M Van de Vreede Tirhatuan Ward Mr M Dupe Acting Chief Executive Officer Mr I Bell Director – Engineering &

Infrastructure Mr A Kourambas Director - City Development Ms K Stubbings Director – Community Services

THE MEETING OPENED WITH A STATEMENT OF ACKNOWLEDGEMENT, A STATEMENT OF COMMITMENT AND A PRAYER

“Knox City Council acknowledges we are on the

traditional land of the Wurundjeri and Bunurong people and pay our respects to elders both past and present.”

COUNCIL 25 October 2011 BUSINESS: Page Nos. 1. APOLOGIES AND REQUESTS FOR LEAVE OF ABSENCE Councillor Cooper 2. DECLARATIONS OF CONFLICT OF INTEREST Pursuant to Section 79 of the Local Government Act 1989 (the Act), Councillor

Pearce declared an Indirect Interest pursuant to Section 78B of the Act 1989 in Item 6.7 on the grounds that he is a director of a company owning property and has trading activities in Station Street.

Pursuant to Section 79 of the Local Government Act 1989 (the Act), Councillor

Mortimore declared an Indirect Interest pursuant to Section 78 of the Act 1989 in Item 9.1 on the grounds that he is an office bearer of The Basin Music Festival Association Inc.

3. CONFIRMATION OF MINUTES

MOVED: CR. COSSARI SECONDED: CR. WALTER 3.1 Confirmation of Minutes of Ordinary Meeting of Council

held on Tuesday 27 September 2011 CARRIED

MOVED: CR. COSSARI SECONDED: CR. WALTER 3.1 Confirmation of Minutes of Strategic Planning Committee

Meeting held on Tuesday 11 October 2011 CARRIED

4. PETITIONS AND MEMORIALS 4.1 Councillor Pearce presented a petition with 16 signatories requesting a

road and drainage upgrade for Norris Road, Rowville

The Petition lay on the table. 4.2 Councillor Cole presented a petition with 72 signatories from residents of

Bambury Street, Boronia, objecting to future housing developments in their street.

The Petition lay on the table.

COUNCIL 25 October 2011 4. Petitions and Memorials (cont’d) 4.3 Councillor Cole presented a petition with 72 signatories from residents of

Bambury Street, Boronia, concerning the height limit of future housing developments in their street


4.4 Councillor Pearce presented a petition with 480 signatories requesting

funding of $100,000 towards the resurfacing of the synthetic surface of the No.1 green at the Bayswater Bowls Club.


4.5 Cr Mortimore presented the Excellence in Infrastructure Award 2011

from Stormwater Victoria – Stormwater Industry Association Victoria for the Wicks Reserve Bio-Infiltration System at The Basin.

4.6 Cr Sue McMillan presented the Early Years Award for the “little green

leaves program” 5. REPORTS BY COUNCILLORS

5.1

Committees & Delegates

1.

5.2

Ward Issues

3.

6. CONSIDERING AND ORDERING UPON OFFICERS’ REPORTS WITHIN THE

CITY DEVELOPMENT GROUP

6.1

All Wards Report Of Planning Applications Decided Under Delegation (160/1/06)

4.

6.2

Chandler Ward Application To Develop The Land For A Four (4) Storey (Including Semi Basement) Apartment Building Containing Fourteen (14) Dwellings, Removal Of Vegetation And Alterations To The Access Of A Category 1 Road (Boronia Road) At 55 Boronia Road, Boronia Melway Ref. 65 A9 (Application No. P/2011/6013)

11.

6.3

Collier Ward Application To Develop The Land For Three Single Storey And Three Double Storey Dwellings (Total Of 6 Dwellings) At 11 Hadlow Drive, Wantirna Melway Ref. 63 J5 (Application No. P/2011/6296)

40.

COUNCIL 25 October 2011 6. CONSIDERING AND ORDERING UPON OFFICERS’ REPORTS WITHIN THE

CITY DEVELOPMENT GROUP (cont’d)

6.4

Chandler Ward Application To Develop The Land For Two (2) Double Storey Dwellings And Four (4) Single Storey Dwellings And Creation Of Access To A Category 1 Road (Dorset Road) At 306 – 308 Dorset Road, Boronia, Melway Ref. 65 A7 (Application No. P/2011/6264)

72.

6.5

Scott Ward Application To Develop The Land For Three (3) Double Storey Dwellings At 9 Kirrum Close, Wantirna South, Melway Ref. 72 K2 (Application No. P/2011/6032)

105.

6.6

Dinsdale Ward Application To Develop The Land For Six (6) Dwellings At 14-16 John Street Bayswater, Melway Ref. 64 F5 (Application No. P2011/6256)

138.

6.7

Dobson Ward Application To Develop The Land For Eight (8) Double Storey Dwellings 26 Station Street, Ferntree Gully, Melway Ref. 74 C3 (Application No. P/2011/6260)

167.

6.8

Dinsdale Ward Application To Develop The Land For Seven (7) Double Storey Dwellings At 16 Orchard Road, Bayswater, Melway Ref. 64 E3 (Application No. P/2011/6455)

206.

6.9

All Wards Housing Advisory Committee – Terms Of Reference

234.

6.10

Tirhatuan Ward Rowville Structure Plan - Scope And Community Reference Group Draft Terms Of Reference

244.

6.11

Taylor Ward Application For The Subdivision Of The Land Into Six (6) Lots And Planning Scheme Amendment C87 At Lot 3 Wellington Road, Rowville. Mel Ref. 82 B3 (Application No. P2008/6639 & Amendment C87)

254.

6.12

Collier Ward Proposed Planning Scheme Amendment C90 To Rezone 25 & 55 Burwood Highway And 56 Mountain Highway, Wantirna From Road Zone To Residential 3 Zone And Apply An Environmental Audit Overlay

282.

COUNCIL 25 October 2011 7. PUBLIC QUESTION TIME (Following the completion of business relating to Item 6, City Development, the business before the Council Meeting was deferred to consider questions submitted by the public). 291. 8. CONSIDERING AND ORDERING UPON OFFICERS’ REPORTS WITHIN THE

ENGINEERING & INFRASTRUCTURE GROUP

8.1

Dobson Ward Parking Restrictions – Old Belgrave Road, Upper Ferntree Gully

296.

8.2

Tirhatuan Ward Pedestrian Access On Cavell Street, Scoresby

305.

8.3

All Wards Cost And Implications Of Installing Rollover Kerb For Parking – Further Information (Supplementary Report)

310.


COMMUNITY SERVICES GROUP

9.1

All Wards 2011-12 Community Development Fund Recommendations

329.


CORPORATE DEVELOPMENT GROUP

10.1

All Wards 2012 Council Meeting Timetable

342.

10.2

All Wards Updated Draft Knox Central Advisory Committee Terms Of Reference

346.

10.3

All Wards Victorian Local Government Women’s Charter

354.

10.4

All Wards Annual Report 2010-11

359.

11. ITEMS FOR INFORMATION

11.1

All Wards Works Report (As At 7 October 2011)

363.

11.2

All Wards Assemblies of Councillors

379.

COUNCIL 25 October 2011 12. MOTIONS FOR WHICH NOTICE HAS PREVIOUSLY BEEN GIVEN 397. 13. SUPPLEMENTARY ITEMS 397. 14. URGENT BUSINESS 397. 14.1 Urgent Business 397. 14.2 Call Up Items 397. 14.2.1 Ferdinand Von Mueller 397. 15. QUESTIONS WITHOUT NOTICE 397. GRAEME EMONSON CHIEF EXECUTIVE OFFICER

1 COUNCIL - REPORTS BY COUNCILLORS 25 October 2011 COUNCILLOR GILL ARRIVED AT THE MEETING AT 7.07PM DURING DISCUSSION ON ITEM 5

5. REPORTS BY COUNCILLORS

5.1 Committees & Delegates 5.1.1 COUNCILLOR COLE Councillor Cole attended the following Meetings

• Knox Disability Advisory Committee 5.1.2 COUNCILLOR PEARCE Councillor Pearce attended the following Meetings

• Stamford Park Steering Committee • Leadership Weekend • Economic Development Committee • Audit Committee 5.1.3 COUNCILLOR VAN DE VREEDE Councillor Van de Vreede attended the following Meetings

• Eastern Transport Coalition • Public Transport Consultative Committee • Eastern Affordable Housing Alliance • Leadership Weekend 5.1.4 COUNCILLOR COSSARI Councillor Cossari attended the following Meetings

• Leadership Weekend • Audit Committee • Municipal Association of Victoria • Knox Multicultural Advisory Committee 5.1.5 COUNCILLOR WALTER Councillor Walter attended the following Meetings

• Leadership Weekend • Planning Consultative Committee 5.1.6 COUNCILLOR MORTIMORE Councillor Mortimore attended the following Meetings

• Healthy Ageing Advisory Committee • Knox Affordable Housing Reference Group • Environment Advisory Committee (x 2) • Knox Disability Advisory Committee

2 COUNCIL - REPORTS BY COUNCILLORS 25 October 2011 5.1 Committees & Delegates (cont’d)

5.1.6 Councillor Mortimore (cont’d) • Leadership Weekend • Planning Consultative Committee • Knox Environment Awards Presentation • The Basin Community Hub Partnership Project Steering & Reference

Group 5.1.7 COUNCILLOR McMILLAN (MAYOR) Councillor McMillan attended the following Meetings

• Hon Wendy Lovell MLC, Minister for Housing and Nick Wakeling MLA • Wangaratta Youth Council (x 2) • Nick Wakeling MLA for Ferntree Gully • Knox Affordable Housing Reference Group • Eastern Lions Football Club • Knox & District Woodworkers Club Annual General Meeting • Hon Matthew Guy, Minister for Planning & Hon Terry Mulder, Minister for

Transport • Knox Disability Advisory Committee • Ferntree Gully Toyota Tommy Hafey Club’s Tigers of the Turf Luncheon • Leadership Weekend • Opening of The Hut Annual Exhibition • Healthy Ageing Knox Seniors Festival Launch • Opening of Extended Aged Care at Home (EACH) Boronia Centre • Economic Development Committee • Knox Environment Society • Angliss Hospital Ferntree Gully Auxiliary 72nd Birthday Celebration • Knox Ratepayers Association • Ride to Work Community Breakfast • Audit Committee • Official Opening of Stringybark Festival • Judging of Primary Schools Art for Waste Project • Rowville Fire Brigade 69th Annual Presentation Dinner • Local Government Ministerial Mayors Advisory Panel • Staff Recognition Awards • Planning Consultative Committee • Walk to School Day • Hon Matthew Guy, Minister for Planning, Nick Wakeling MLA for Ferntree

Gully & Heidi Victoria MLA for Bayswater • Ferntree Gully North Primary School Biennial Production • 1st Ferntree Gully Scouts • Mountain District Learning Centre Presentation Day • Women’s Housing Ltd – Inspection of Latest Development • Knox Environment Awards Presentation • Rowville Primary School Awards Presentation • Early Years Awards 2011

3 COUNCIL - REPORTS BY COUNCILLORS 25 October 2011

5.2 Ward Issues 5.2.1 COUNCILLOR ADAM GILL (DINSDALE WARD) • Councillor Gill highlighted the positive response by the community to the

story-time sessions held on weekends at the Knox, Rowville and Boronia libraries

5.2.2 COUNCILLOR JOE COSSARI (COLLIER WARD) • Councillor Cossari expressed that the concerns of the traders and patrons

of the Wantirna Mall had dissipated once discussion had occurred on the rationale behind the colour of the concrete.

• Councillor Cossari acknowledged the achievements of the Knox City

Council with the awards presented earlier in the evening by Cr Mortimore and Cr McMillan.

5.2.3 COUNCILLOR JOHN MORTIMORE (CHANDLER WARD) • Councillor Mortimore advised that the Traders at Alchester Village had

founded an Association to foster improvement at the Village. He advised that there had been an overwhelming response from the community with feedback on suggestions for improvements to the area.

4 COUNCIL – CITY DEVELOPMENT 25 October 2011

ALL WARDS

6.1 REPORT OF PLANNING APPLICATIONS DECIDED UNDER DELEGATION

SUMMARY: Manager – City Planning (Paul Dickie)

Details of planning applications considered under delegation are referred for information. It is recommended that the items be noted.

RECOMMENDATION

That the planning applications decided under delegation report (between 1 September to 30 September 2011) be noted.

REPORT Details of planning applications decided under delegation from 1 September to 30 September 2011 are attached. The applications are summarised as follows:

Application Type No Building Extensions: Residential Other

12 4

Units 10 Dwelling 11 Tree Removal/Pruning 26 Subdivision 14 Sign 4 Handrails/Parapet 1 Industrial 1 Change of Use 1 Removal of Easement 1 Variation to Covenant 1 Fence 1

TOTAL 87

COUNCIL RESOLUTION MOVED: CR. COSSARI SECONDED: CR. PEARCE

That the planning applications decided under delegation report (between 1 September to 30 September 2011) be noted. CARRIED


Knox City Council Planning Applications Decided by Responsible Officer

1 September 2011 to 30 September 2011

Ward No/ Type Address Description Decision:

Baird 2011/6640 73 Power Road BORONIA VIC 3155

The subdivision into three (3) lots

9/09/2011 Approved

Baird 2010/7076 28 Stirling Street FERNTREE GULLY VIC 3156

Construction of a double storey dwelling at side of existing dwelling

5/09/2011 Approved

Baird 2011/6456 60 Rankin Road BORONIA VIC 3155 Removal of easement 6/09/2011

Approved

Baird 2011/6711 16 Jordan Court BORONIA VIC 3155

The removal of two Eucalyptus ovata and the pruning of a Eucalyptus elata and Eleaocarpus reticulatus

13/09/2011 Approved

Baird 2011/6453 Boronia Mall 50 Dorset Square BORONIA VIC 3155

Handrails & Parapet Walls - Dorset Square Carparks

13/09/2011 Approved

Baird 2011/6048 16 Orchid Avenue BORONIA VIC 3155

The subdivision of the land into fifteen (15) lots (approved development site)

21/09/2011 Approved

Baird 2011/6350 7 Loretto Avenue FERNTREE GULLY VIC 3156

The construction of two dwellings on the land

22/09/2011 Approved

Baird 2011/6543 13 Marville Court BORONIA VIC 3155

The subdivision of land into two (2) lots (Approved Unit Site)

16/09/2011 Approved

Baird 2011/6674 14/235 Scoresby Road BORONIA VIC 3155

The removal of one (1) dead Eucalyptus tree

1/09/2011 Approved

Baird 2011/6121 1, 2 & 3/14 Orchid Avenue BORONIA VIC 3155

The construction of a three storey apartment building containing 15 dwellings and associated car parking

2/09/2011 Approved

Baird 2011/6047 48 Westley Street FERNTREE GULLY VIC 3156

Three (3) lot subdivision in two (2) stages (approved development site)

28/09/2011 Approved

Baird 2011/6227 15 Commercial Road/27 Westley Street FERNTREE GULLY VIC 3156

Development of the land for five (5) double storey and one (1) single storey dwellings (total of six (6) dwellings).

23/09/2011 Refused

Baird 2011/6177 28 Western Road BORONIA VIC 3155

Development of the land for three (3) double storey and one (1) single storey dwelling and removal of vegetation.

15/09/2011 Notice of Decision

Baird 2011/6266 8 Gordon Crescent BORONIA VIC 3155

Development of a single storey dwelling to the rear of the existing dwelling & vegetation removal




Baird 2011/6523 13 Stirling Street, FERNTREE GULLY VIC 3156

The subdivision into two (2) lots (approved development site)

22/09/2011 Approved

Baird 2011/6617 3/55 Tulip Crescent, BORONIA VIC 3155

Buildings and Works (Deck and verandah)

30/09/2011 Approved

Chandler 2011/6681 130 Basin-Olinda Road THE BASIN VIC 3154

The pruning of six (6) Eucalyptus obliqua

6/09/2011 Approved

Chandler 2011/6687 8 Pinevale Court BORONIA VIC 3155

The pruning of one (1) Jacaranda mimosiafolia tree

7/09/2011 Approved

Chandler 2011/6538 53 Claremont Avenue THE BASIN VIC 3154 Roof over existing deck 7/09/2011

Approved

Chandler 2011/6712 25 Government Road THE BASIN VIC 3154

Removal of eight dead & dying trees (2 x Acacia melanoxylon, 5 x Eucalyptus macrorhyncha, 1 x Eucalyptus goniocalyx)

12/09/2011 Approved

Chandler 2011/6576 5 Deborah Avenue BORONIA VIC 3155

Replacement of existing garage with new garage

7/09/2011 Approved

Chandler 2011/6680 8 Marong Court BORONIA VIC 3155

The removal of one (1) Eucalyptus ovata (Swamp Gum)

6/09/2011 Approved

Chandler 2011/6700 81 Torresdale Drive BORONIA VIC 3155

Removal of five dead/dying trees (2 x Eucalyptus ovata, Eucalyptus obliqua, Eucalyptus goniocalyx, Eucalyptus radiata) and the pruning of one Eucalyptus ovata

12/09/2011 Approved

Chandler 2011/6624 43 Stuart Street THE BASIN VIC 3154

Buildings and Works (extension to existing dwelling)

13/09/2011 Approved

Chandler 2011/6725 9 Mount View Road BORONIA VIC 3155

The pruning of one Liquidambar styraciflua

23/09/2011 Approved

Chandler 2011/6730 24 Olive Grove BORONIA VIC 3155

Removal of six (6) Pyrus calleryana trees

22/09/2011 Approved

Chandler 2011/6736 273 Forest Road BORONIA VIC 3155

Removal of one (1) Eucalyptus mannifera and the pruning of one (1) Grevillea robusta.

27/09/2011 Approved

Chandler 2011/6379 7 Rosella Avenue BORONIA VIC 3155

Development of an apartment building containing ten (10) dwellings and semi-basement parking


Chandler 2011/6343 8 Democrat Drive THE BASIN VIC 3154

Variation to Restrictive Covenant

2/09/2011 Refused

Chandler 2011/6760 15 Phipps Avenue BORONIA VIC 3155

The removal of one (1) Araucaria heterophylla (Norfolk Island pine)

28/09/2011 Approved



Chandler 2011/6743 1 Renown Street FERNTREE GULLY VIC 3156

Removal of three trees (Eucalyptus melliodora, Melia azedarach, and Callitris sp.) and the pruning of two Liquidambar styraciflua.

27/09/2011 Approved

Chandler 2011/6749 20 Flinders Crescent BORONIA VIC 3155

The removal of one (1) Eucalyptus scoparia

28/09/2011 Approved

Chandler 2011/6746 3 Basin Court THE BASIN VIC 3154

Remove one (1) Melaleuca styphelioides and prune one branch from a Eucalyptus microcorys.

28/09/2011 Approved

Chandler 2011/6772 27 Army Road BORONIA VIC 3155

The removal of one (1) Corymbia maculata (Spotted Gum tree)

29/09/2011 Approved

Chandler 2011/6736 273 Forest Road, BORONIA VIC 3155

Removal of one (1) Eucalyptus mannifera and the pruning of one (1) Grevillea robusta.

27/09/2011 Approved

Collier 2011/6535 370 Mountain Highway WANTIRNA VIC 3152

The subdivision into two (2) lots (approved development site)

9/09/2011 Approved

Collier 2011/6255 43 Dumfries Way WANTIRNA VIC 3152

The subdivision of the land into two (2) lots (approved development site)

16/09/2011 Approved

Collier 2011/6753 9 Daffodil Road BORONIA VIC 3155

Removal of two Picea abies, one Cydonia oblonga and the pruning of two Acer palmatum.

28/09/2011 Approved

Dinsdale 2011/6578 Knox City SC 425 Burwood Highway WANTIRNA SOUTH VIC 3152

Refurbishment and replacement of existing signage (K-mart Auto)

9/09/2011 Approved

Dinsdale 2011/6433 1/22 Maida Avenue BAYSWATER VIC 3153 Construction of a Verandah 13/09/2011

Approved

Dinsdale 2011/6518 401 Burwood Highway WANTIRNA SOUTH VIC 3152

Building alterations and change to signage

27/09/2011 Approved

Dinsdale 2011/6356 14 Phyllis Street BAYSWATER VIC 3153

Development of the land for a second dwelling to the rear of the existing and the subdivision of the land into two (2) lots

27/09/2011 Approved

Dinsdale 2011/6639

Knox Ozone Sh 13001&13095/509 Burwood Highway WANTIRNA SOUTH VIC 3152

Display three (3) exterior signs on the existing building

21/09/2011 Approved

Dinsdale 2011/6654 Knox City SC Sh 2101/425 Burwood Highway WANTIRNA SOUTH VIC 3152

Signage 27/09/2011 Approved

Dinsdale 2011/6626 1/1 Martin Place BAYSWATER VIC 3153

The subdivision of land into two (2) lots

28/09/2011 Approved



Dinsdale 2011/6281 11 Kumala Road BAYSWATER VIC 3153

Development of the land for a second dwelling to the rear of the existing dwelling

29/09/2011 Approved

Dinsdale 2011/6549 23 King Street, BAYSWATER VIC 3153

The subdivision of the land into five (5) lots (approved development site)

30/09/2011 Approved

Dobson 2011/6470 23 Chestnut Avenue FERNTREE GULLY VIC 3156 Garage 9/09/2011

Approved

Dobson 2011/6507 4 McIver Street FERNTREE GULLY VIC 3156

Buildings and works (construction of a garage)


Dobson 2011/6698 1/19 Hutton Avenue FERNTREE GULLY VIC 3156

Removal of two (2) trees (Araucaria heterophylla & Ulmus glabra 'Lutescens') and the pruning of one (1) Fraxinus excelsoir 'Aurea'. .

12/09/2011 Approved

Dobson 2011/6728 52 Ferndale Road UPPER FERNTREE GULLY VIC 3156

The removal of three Alnus acuminata

22/09/2011 Approved

Dobson 2011/6529 17 Doysal Avenue FERNTREE GULLY VIC 3156

The subdivision of the land into two (2) lots


Dobson 2011/6673 4 Dany Court FERNTREE GULLY VIC 3156

The removal of one (1) dead Eucalyptus melliodora

1/09/2011 Approved

Dobson 2011/6726 18 Mount View Road UPPER FERNTREE GULLY VIC 3156

The removal of ten (10) Leyland Cypress trees and one (1) Syzygium paniculatum

22/09/2011 Approved

Dobson 2011/6602 19 Cornhill Street FERNTREE GULLY VIC 3156 Security Fence & Signage 27/09/2011

Approved

Dobson 2011/6662 5 Forest View Lane UPPER FERNTREE GULLY VIC 3156 Construction of a verandah 27/09/2011

Approved

Dobson 2011/6393 22 Stringybark Drive FERNTREE GULLY VIC 3156

The construction of a double storey dwelling on the lot

22/09/2011 Approved

Dobson 2011/6399 18 Stringybark Drive FERNTREE GULLY VIC 3156

The construction of one double storey dwelling on the lot


Dobson 2011/6679 5 Albert Street UPPER FERNTREE GULLY VIC 3156

The removal of one (1) Liquidambar styraciflua

8/09/2011 Approved

Dobson 2011/6682 30 Merricks Close FERNTREE GULLY VIC 3156

The removal of four trees (Eucalyptus camaldulensis, Corymbia citriodora, Quercus robur & Eucalyptus saligna) & prune two others (Eucalyptus leucoxylon & Corymbia citriodora)

8/09/2011 Approved



Dobson 2011/6646 5 Olivebank Road FERNTREE GULLY VIC 3156

Buildings and Works (Dwelling addition)

14/09/2011 Approved

Dobson 2011/6527 5 Brenock Park Drive FERNTREE GULLY VIC 3156

The construction of a garage/storeroom

29/09/2011 Approved

Dobson 2011/6758 14 Opie Street FERNTREE GULLY VIC 3156

The removal of two (2) Eucalyptus goniocalyx trees and the pruning of two (2) Eucalypt trees.

27/09/2011 Approved

Dobson 2011/6275 16,18 & 20 Quarry Road UPPER FERNTREE GULLY VIC 3156

Two (2) Lot subdivision (restructure from three to two lots).

29/09/2011 Approved

Dobson 2010/6543 1021 Burwood Highway, FERNTREE GULLY VIC 3156

Change of use - hand car wash, cafe, associated buildings and works, and signage

16/11/2010 Approved

Dobson 2011/6671 1/20 Dorset Road, FERNTREE GULLY VIC 3156

The removal of one Acacia melanoxylon

31/08/2011 Approved

Friberg 2010/7064 115 Bunjil Way KNOXFIELD VIC 3180

Development of the land for four (4) double storey dwellings and accessways, associated carparking, landscaping and removal of vegetation.

5/09/2011 Approved

Friberg 2011/6280 19 Clyde Street FERNTREE GULLY VIC 3156

The staged subdivision of the land into Three (3) Lots - (Approved Unit Site)

15/09/2011 Approved

Friberg 2010/6910

30 King Parade KNOXFIELD/492 Scoresby Road FERNTREE GULLY VIC 3180

Use of the land for a Store (for the purpose of storing trailers, truck, digger and associated equipment (tools of trade))

2/09/2011 Refused

Friberg 2011/6377 28 Lydford Road FERNTREE GULLY VIC 3156 Multi Dwelling Development 7/09/2011

Approved

Friberg 2011/6413 3 Pejaro Court KNOXFIELD VIC 3180

The construction of two dwellings on the lot


Friberg 2011/6597 1/8 Samantha Court KNOXFIELD VIC 3180

Buildings and Works (Mezzanine Area)

23/09/2011 Approved

Friberg 2010/6564 66 Kevin Avenue FERNTREE GULLY VIC 3156

Development of the land for three (3) double storey dwellings


Scott 2011/6333 191 George Street WANTIRNA SOUTH VIC 3152

Extend the existing Boral office

13/09/2011 Approved

Scott 2011/6367 54 Ridge Road WANTIRNA SOUTH VIC 3152

Open verandah attached to existing unit (retirement village)

28/09/2011 Approved



Scott 2010/7024 12 Wallace Road WANTIRNA SOUTH VIC 3152

Development of the land for a double storey dwelling to the rear of the existing house


Scott 2011/6168 6 Helpmann Street WANTIRNA SOUTH VIC 3152

Development of the land for a second dwelling to the rear of the existing dwelling

29/09/2011 Approved

Taylor 2011/6561 4/69 Major Crescent LYSTERFIELD VIC 3156

Second storey additions to existing dwelling

9/09/2011 Approved

Taylor 2011/6493 3 Volks Court LYSTERFIELD VIC 3156

Development of a double storey dwelling

14/09/2011 Approved

Taylor 2011/6210 286 Dandelion Drive ROWVILLE VIC 3178

The construction of two (2) double storey dwellings on the lot


Taylor 2011/6562 Lot 1, Brae Road, LYSTERFIELD VIC 3156

The construction of a shed with retaining wall ancillary to the dwelling on the land

30/09/2011 Approved

Tirhatuan 2011/6476 525 Stud Road WANTIRNA SOUTH VIC 3152

The construction of ten (10) dwellings on the land

15/09/2011 Approved

Tirhatuan 2011/6234 7 Denver Crescent ROWVILLE VIC 3178

The construction of three (3) dwellings on the lot

21/09/2011 Approved

Tirhatuan 2011/6537 1420 Ferntree Gully Road KNOXFIELD VIC 3180

Buildings & works (Research and Development Technical Centre)

21/09/2011 Approved

Tirhatuan 2011/6724 5 Gymea Avenue ROWVILLE VIC 3178

The removal of a Eucalyptus cephalocarpa and a Eucalyptus goniocalyx

22/09/2011 Approved

Tirhatuan 2011/6600 5/1498 Ferntree Gully Road KNOXFIELD VIC 3180

Buildings and Works (Mezzanine for Storage) & dispensation of car parking

23/09/2011 Approved

Tirhatuan 2010/6914 33 Avalon Road ROWVILLE VIC 3178

The construction of a second dwelling to the rear of the existing dwelling


TOTAL: 87


CHANDLER WARD

6.2 APPLICATION TO DEVELOP THE LAND FOR A FOUR (4) STOREY (INCLUDING SEMI BASEMENT) APARTMENT BUILDING CONTAINING FOURTEEN (14) DWELLINGS, REMOVAL OF VEGETATION AND ALTERATIONS TO THE ACCESS OF A CATEGORY 1 ROAD (BORONIA ROAD) AT 55 BORONIA ROAD, BORONIA Melway Ref. 65 A9 (Application No. P/2011/6013)

1. SUMMARY:

Land: 55 Boronia Road, Boronia Applicant: Thomas Anderson Design Proposed Development: Development of the land for a four

storey (including semi basement) apartment building containing 14 dwellings, removal of vegetation and alterations to the access of a Category 1 Road

Existing Land Use: Single Dwelling Area/Density: 1073m2 / 1:76m2 Zoning: Residential 1 Zone Overlays: None Local Policy: Municipal Strategic Statement (MSS)

Housing Policy Boronia Structure Plan

Application Received: 11 January 2011 Number of Objections: 239 PCC Meeting: 21 June 2011 Assessment:

The proposal is considered inconsistent with applicable objectives for residential development as contained within the State and Local Planning Policy Framework of the Knox Planning Scheme. The proposed development is inconsistent with Council’s resolution dated 27 September 2011 adopting changes to height limits within Amendment C62 (Boronia Structure Plan). The proposal demonstrates several fundamental deficiencies when assessed against the objectives of Guidelines for Higher Density Residential Development (2004).

12 COUNCIL – CITY DEVELOPMENT 25 October 2011 6.2 55 Boronia Road, Boronia (cont’d)

An application for review has been lodged with the Victorian Civil and Administrative Tribunal against Council’s failure to determine the application within the prescribed time. On balance, it is considered that the proposal does not respond adequately to State and Local Planning Policies. It is recommended that, if Council were in a position to make a decision, a Notice of Refusal to Grant a Planning Permit be issued.

2. BACKGROUND

2.1 Background

By way of background, the Boronia Structure Plan, which seeks to provide direction for future development within the Boronia Activity Centre was adopted by Council in October 2006 and, as an approved plan, provides guidance to Council in assessing development applications within the Structure Plan area.

The Boronia Structure Plan is currently being implemented through Planning Scheme Amendment C62. Amendment C62 has been reported to an Independent Panel and adopted by Council.

On 27 September 2011, Council resolved as follows: “That Council: 1. Accept changes to Amendment C62 resulting from the Panel Report, as

outlined in Appendix C; 2. Adopt Amendment C62, with changes, as shown in Appendix E, with the

following amendment: all areas shown in red in Map 1 to Schedule 7 of the Design and Development Overlay to have a mandatory building height limit of 9m;

3. Submit the adopted Amendment C62 to the Minister for Planning for

approval; 4. Authorise the Director – City Development to make any minor changes

required for approval of Amendment C62 by the Minister for Planning, provided these are consistent with the intent of the adopted Amendment;

5. Authorise the Director – City Development to upgrade all maps in

Appendix E to ensure that they are clear, legible and suitable for inclusion in the Knox Planning Scheme;


6. Notify the submitters of Council’s decision to adopt Amendment C62 with

changes; and 7. Notify lead petitioners and the Appropriate Development for Boronia

Group of Council’s decision to adopt Amendment C62 with changes.”

The implication for the proposed development is that the subject site is now located within an area designated for 7.5 metre (2 Storey) height limit rather than 11 metre (3 Storey) height limit. Given that Amendment C62 is a seriously entertained planning document, it is considered as part of the assessment of this application.

2.2 Subject Site and Surrounds

The location of the subject site is shown in Appendix A. • The subject site is rectangular in shape, located on the northern side of

Boronia Road in Boronia. The site has an overall area of 1073m2 with a frontage to Boronia Road of 21.34 metres. A single storey weatherboard dwelling and associated outbuildings currently exist on the site.

• Adjoining properties are used for residential purposes. Dwellings in the immediate area are predominantly single storey brick and weatherboard dwellings. The subject site is located within the Boronia Activity Centre.

• The site contains a numbers of trees such as Messmate, Camellia, Lily Pilly, Sweet Pittosporum and various environmental weeds and fruit trees.

2.3 The Proposal

(Refer to attached plans at Appendix B)

The application proposes to construct a four storey (including semi-basement) apartment building containing 14 dwellings, removal of vegetation, and alterations to the access of a Category 1 Road (Boronia Road). Details of the proposed development are as follows:

• Each dwelling contains two bedrooms, amenities, kitchen, an open plan

living/meals area and a balcony.

• A car park, accessed via a widened crossover in the southwest corner of the site, containing 14 car spaces for residents and two car spaces for visitors is provided at semi-basement level. Resident storage and waste storage are also located within this area.

• The building has a total height of 11 metres.

• Two trees located within the front setback are proposed to be retained.


3. CONSULTATION

3.1 Advertising

The application was advertised by way of signs on the frontage of the site and notices were sent to adjoining property owners and occupiers. 239 objections were received. A summary of the concerns raised in the objection and a response to these concerns are provided below:

Four storey built form out of character and inconsistent with the Dandenong Foothills Policy and Boronia Structure Plan. • The building height is not consistent with the adopted Amendment C62

(Boronia Structure Plan) which designates the area for 7.5 metre (2 Storey) height limit. As such, the development will create an excessive built form within the area which does not reflect, maintain or enhance the character or appearance of the surrounding area.

Overlooking, loss of sunlight and overshadowing • All habitable room windows and balconies are provided with screening or

obscure glazing to a height of 1.7 metres which is consistent with ResCode standards. The development also complies with overshadowing limits.

Traffic congestion, on site car parking and safety • The number of car parking spaces provided is considered to be

appropriate – see Section 4.4.1 for a full assessment. However Council’s Traffic Department comments that there are a number of amendments required to the layout of the car park to improve turning movement, sizes of car parking spaces and sight lines. It is unlikely that an additional 14 dwellings will impact upon the local street network and VicRoads have not expressed any concerns with the proposed development.

Density of development and dwelling diversity. • The site is located within an Activity Centre, and as such the use of the

land for 14 dwellings is considered appropriate. In term of diversity, all dwellings are provided with two bedrooms.


Vegetation removal and opportunities for landscaping

• The vegetation proposed to be removed is not significant. Significant vegetation is proposed to be retained (additional information on the location of roots is needed to determine if this retention is possible) and there are further opportunities for landscaping within the setbacks of the site.

Rubbish collection and location of bins

• A Waste Management Plan would be required as a condition of any

permit issued. Impact on infrastructure • Conditions on any permit issued would ensure the site is adequately

drained so as not to put any additional pressure on the existing system. Provision of sewerage and electrical infrastructure must be to the satisfaction of the relevant authorities.

Increase in noise and pollution • The development will unlikely result in any unreasonable increase in

residential noise.

3.2 Planning Consultative Committee Meeting

A Planning Consultation Committee (PCC) Meeting was held at the Civic Centre on 21 May 2011. Objectors expressed the following main concerns with the proposal: • Height of development • Overshadowing and overlooking • Vegetation removal and landscaping opportunities • Drainage system upgrades • The need for a service road on Boronia Road • Relocation of wildlife prior to construction • Potential increase in noise from the development • Potential increase in traffic congestion on Boronia Road, safety of school

crossing and vehicles turning into Marie Street. • Car parking provision. • Waste collection.

There were no negotiated outcomes as a result of the meeting.


3.3 Referrals

The application has been referred to internal and external departments for comment. One objection has been raised by Council’s Strategic Planning Team. The following is a summary of relevant advice: Traffic Engineer • Council’s Traffic engineers raised a number of concerns in relation to the

layout of the proposed car parking area including lengths of parking spaces, ramp grades and sight lines.

Drainage Engineer • Standard Drainage conditions to be placed on any permit issued. Arborist • The building may impact on the large Messmate within the front setback

and the Pin Oak on the adjoining property as development encroaches more than 10% into the TPZ of these trees. Root investigation works need to be undertaken to determine the encroachment is appropriate or if there is a need for alternative methods of construction such as pier and beam footings or greater setbacks required.

• There is an issue with the distance of the proposed widened cross over

to Tree 2 (as marked on the site plan). The current cross over is approximately 2.5 metres from the tree and this proposal is approximately 1 metre away. The driveway and crossover should be moved west as close to the junction pit as possible. There is a large exposed root from Tree 2 heading toward the North West that should be kept intact.

Parks Services (Street trees) • As both street trees are remnant, Parks Services do not approve of the

widening of the crossover as it will impact upon the health of the trees. No excavation should occur around the trees and the surface should be retained as crushed rock.

Strategic Planning • Objects to the proposed development on the basis that it is not

consistent with the adopted Amendment C62.


Waste Services • Waste storage and collection will need to be undertaken within the

confines of the site by a private contractor. A Waste Management Plan should be submitted for approval.

Country Fire Authority (CFA) • No objections. VicRoads • No objections subject to conditions.

4. DISCUSSION

This section considers the proposed development in light of the provisions of the Knox Planning Scheme including State and Local Planning Policies, any other relevant policies and objectives.

4.1 Zoning and Overlays

4.1.1 Zone

The site is located within the Residential 1 Zone. Within the Residential 1 Zone (R1Z) a Planning Permit is required to construct more than one dwelling on a lot.

4.1.2 Overlays

Vegetation Protection Overlay, Schedule 3 (VPO3) seeks to preserve remnant overstorey vegetation and requires the issue of a permit for the removal of large native trees greater than 8 metres in height and with a trunk diameter of 300mm or more. • Of the trees to be removed, only one Pittosporum requires a

Planning Permit for its removal. Pittosporums are classified as an environmental weed in Knox and so it is appropriate that it is removed.

• As discussed above, root investigation works and tree protection measures are required to ensure development does not impact upon trees to be retained.

• The development will impact quite substantially upon two of Council’s remnant street trees. Council officers have alerted the applicant of this issue and the need to resolve the issue between Council’s Parks Services and the requirements of VicRoads. To date, this has not been addressed and remains a serious flaw in the application.


4.2 Policy Consideration

4.2.1 State Planning Policy Framework

State policy requires Council to integrate the range of policies relevant to the issues to be determined, and balance conflicting objectives in favour of net community benefit and sustainable development. Key Policies:

Clause 15 Built Environment and Heritage – Encourages high quality architecture and urban design outcomes that reflect the particular characteristics, aspirations and cultural identity of the community; enhances liveability, diversity, amenity and safety of the public realm; and promotes attractiveness of towns and cities within broader strategic contexts.

• The design of the development will dominate the Boronia Road

streetscape and when viewed from adjoining properties with a building height over 7.5 metres.

Clause 15.02 Sustainable Development – Ensure land use and development is consistent with the efficient use of energy and the minimisation of greenhouse gas emissions.

• The density of the development contributes to the consolidation of

urban development being located within reasonable distance to urban services and transport. The Sustainable Design Assessment submitted with the application requires only minor changes (including the provision of bicycle parking) to achieve a good design outcome.

Clause 16 Housing – Encourage the development of well-designed medium-density housing that respects the neighbourhood character; improves housing choice; makes better use of existing infrastructure; and, improves energy efficiency of housing. • Neighbourhood character - this is discussed in a later section of

the report (Section 4.2.2). • Housing choice – The proposed development provides a different

form of housing to that provided in the area and provides the option of dwellings on smaller lots is considered to increase housing choice.

• Existing infrastructure – the site is located within a fully serviced area.

• Energy efficiency – this has been discussed above under Clause 15.02.


Clause 18 Transport – Ensure that access is provided to all available modes of transport. • The site is located within 70 metres walking distance of a bus stop

on Boronia Road, which is serviced by bus routes No. 755 and 691.

• Route No. 691 provides direct access between Boronia - Waverley Gardens via Ferntree Gully, and operates between 5:42am and 9:14pm Monday to Friday at approximately 25 minute intervals; between 7:50am and 9:30pm on Saturdays at 60 minute intervals and; between 8:54am and 9pm on Sundays at 60 minute intervals.

• Route No. 755 provides access between Bayswater and Knox City via Boronia and operates between 5.53am and 9.27pm Monday to Friday at 20 minute intervals; between 7.51am and 9.18pm Saturdays at 60 minute intervals and between 8.55am and 9.21pm Sundays at 60 minute intervals.

• Additionally, the site is within 500 metres of Boronia railway station and bus interchange, providing further connection to the municipality and Melbourne.

4.2.2 Local Planning Policy Framework

Clause 21.05-2 Municipal Strategic Statement (MSS) The MSS seeks to reduce the prevalence of infill housing development in dispersed locations as a major form of housing development by promoting activity centres and key redevelopment strategic sites as the preferred location. • The site is located in a Major Activity Centre. The MSS further seeks to manage the need for more housing and maintaining the valued qualities of identified areas of environmental and character significance. The MSS supports development that respects the existing or preferred residential neighbourhood character.

• The development, at a height of 11 metres, is not considered to be

consistent with the preferred character for the area, as stipulated by the Boronia Structure Plan and Amendment C62 documentation which indicates 7.5 metres for this area.

Clause 22.10 Housing: Apartments – The Housing Policy at Clause 22.10-1 recognises that the population of Knox will grow by 12,000 persons and 15,000 households to 2030.


In response to this forecast, the Housing Policy directs that infill medium density housing in dispersed residential locations respects and complements the desired future residential character objectives of Clause 22.07 Neighbourhood Character Policy and Clause 22.01 Dandenong Foothills Policy, where relevant. Before deciding on an application, the responsible authority will consider, as appropriate, whether: The proposed development will contribute to a diversity of housing in Knox. • The proposed development proposes one and two bedroom

dwellings that provide for a range of smaller households. There is access to frequent public transport services between 6.00am and 11.00pm daily, seven days a week. • The site does not have access to public transport that operates

between 6.00am and 11.00pm daily, seven days a week. The proposed development is consistent with a relevant endorsed structure plan or urban design framework. • The development, at a height of 11 metres, is not considered to be

consistent with the preferred character for the area, as stipulated by the Boronia Structure Plan and Amendment C62 documentation which indicates 7.5 metres for this area.

The development site graduates in height from the site boundaries to respect prevailing building height patterns.

• While the development has been designed to graduate in height

from boundaries and is generously setback from side and rear boundaries, the 11 metre height is inconsistent with the prevailing and preferred building height patterns in the area.

The development and building design response addresses any potential impact on adjoining development where there is a residential interface with respect to amenity, overlooking, overshadowing, height and bulk, views and vistas • The proposed development is generally compliant in terms of

overlooking and overshadowing. However, the development presents unreasonable amenity impacts in terms of the height and bulk of the building, which is much greater than that envisaged for the area.


4.3 Boronia Structure Plan and Amendment C62

By way of background, the Boronia Structure Plan, which seeks to provide direction for future development within the Boronia Activity Centre was adopted by Council in October 2006 and, as an approved plan, provides guidance to Council in assessing development applications within the Structure Plan area.

The Boronia Structure Plan is currently being implemented through Planning Scheme Amendment C62. Amendment C62 has been exhibited reported to an Independent Panel and adopted by Council.

The development is considered inconsistent with the Boronia Structure Plan and Amendment C62 for the following reasons: • While the development represents a good standard of architectural

quality and design, the height and scale of the development is inconsistent with the envisaged two storey scale.

4.4 Guidelines for Higher Density Residential Development (2004)

As the part of the development is four storeys (a small section of the basement is over 1.2 metres above ground level with three levels above), the application must be considered against the Guidelines for Higher Density Residential Development (2004) rather than ResCode.

The guidelines within this document promote well designed high density housing within Activity Centres when considering the context of the site and surrounds, building design and envelope, layout and design and open space and landscape design.

The guidelines are structured around six elements of design consideration, each of which contains design objectives and a corresponding set of design suggestions. An assessment has been made against each of the relevant elements. Element 1 – Urban Context

Objectives:

To ensure buildings respond creatively to their existing context and to agreed aspirations for the future development of the area.

To provide a creative design response that is based on a clear understanding of the urban context and neighbourhood character. • Non compliance. The proposed development does not respond to the

agreed aspirations for the future development of the area.


Element 2 – Building Envelope Objectives: To ensure that the height of the new development responds to existing urban context and neighbourhood character objectives of the area. To ensure new development is appropriate to the scale of nearby streets, other public spaces, and buildings. To protect sunlight access to public spaces. To ensure visual impacts to dwellings at the rear are appropriate to the context. To ensure building separation supports private amenity and reinforces neighbourhood character. To maximise informal or passive surveillance of streets and other public spaces. To maximise residential amenity through the provision of views and protection of privacy within the subject site and on neighbouring properties. To treat roof spaces and forms as a considered aspect of the overall building design. • Generally complies. While the height of the proposed development is

not appropriate, the proposal has been designed to minimise amenity impacts through good setbacks from adjoining property boundaries, location and screening of windows and balconies and opportunities for surveillance of Boronia Road,

Element 3 –Street Pattern and Streetscape Quality Objectives: To ensure car parking does not dominate the streetscape. To create street entrances with a strong identity that provides transition from the street to residential interiors. • Complies.


Element 4 – Circulation and Services Objectives: To provide adequate, safe and efficiently designed parking layouts. • Generally complies. Council’s Traffic engineers have expressed concern

in relation to the layout of the proposed car parking area including lengths of parking spaces, ramp grades and sight lines. These could be addressed by conditions of any permit issued.

Element 5 – Building Layout and Design Objectives: To provide a range of dwelling sizes and types in higher density residential developments. To optimise the layout of buildings in response to occupants’ needs as well as, identified external influences and characteristics of the site. To ensure that a good standard of natural lighting and ventilation is provided to internal building spaces. To promote buildings of high architectural quality and visual interest. • Complies. Element 6 – Open Space and Landscape Design Objectives: To ensure access to open space for all residents. To ensure common or shared spaces are functional and attractive for their intended users. To allow solar access to the private and shared open spaces of new high density residential units. To integrate the design of shared and private open space into the overall building design and façade composition.


To provide for greenery within open spaces. • Generally complies. While private open space provision is adequate, the

development has not been fully designed to retain significant vegetation. Additional tree root investigation works are required to locate the roots of large trees (including street trees) to be retained to ensure their retention is sustainable in the long term. The applicant has been advised of this issue; however it has not yet been rectified.

4.5 Particular Provisions

4.5.1 Clause 52.06 Car Parking

The purpose of Clause 52.06 - Car Parking is to ensure the provision of an appropriate number of car spaces having regard to the activities on the land and the nature of the locality.

Clause 52.06 specifies that the number of car spaces required for a residential building of four storeys or more is two car spaces per dwelling. As a result, 28 car spaces would be required for the residential component of the development.

• The applicant has provided car parking for the proposed dwellings

at a rate of one car space per two bedroom dwelling and one visitor space for each five dwellings. As a result, 16 car spaces are proposed for development. This rate has been adopted from the ResCode standard rather than from Clause 52.06.

• There is strong justification for adopting a lesser rate than that

directed by Clause 52.06. The site is located within the Boronia Activity Centre, with easy access to public transport providing access to the city and other areas within the region. The site is also located within easy walking distance of shopping and community facilities. Given the site’s proximity to public transport and services, it is considered reasonable to provide car parking at a lesser rate and the car parking provided for the dwellings is considered to be satisfactory.

4.5.2 Clause 52.34 Bicycle Facilities The purpose of Clause 52.34 is to encourage cycling as a mode of transport and to provide secure, accessible and convenient bicycle parking spaces and associated shower and change facilities. Clause 52.34 specifies that a new use must not commence until the required bicycle facilities has been provided on the land. Bicycle parking is required to be provided at the required rates:


• A minimum of 3 bicycle parks are required to be provided. The

proposed development does not provide any bicycle parks. This could be addressed as a condition of any permit issued.

4.6 Financial Implications

There are no direct costs to Council apart from provision of the usual domestic services.

5. CONCLUSION

Clause 11 of the Knox Planning Scheme requires Council to balance relative policy objectives when making decisions to ensure resulting development is sustainable and achieves a net community gain. In this context, the development is inappropriate given the following: • The height of the proposed development is not consistent with Clause

19.03 (Design and Built form), Clause 21.07 (Municipal Strategic Statement) and Clause 22.10 (Housing) of the Knox Planning Scheme.

• The height of the proposed development is not consistent with the

direction of the Boronia Structure Plan and adopted Planning Scheme Amendment C64.

• The proposed development is inconsistent with the Housing Policy. As

discussed above, the overall design of the development is not considered to be consistent with key design objectives of the Boronia Structure Plan and therefore not considered to be consistent with Clause 22.10 of the Knox Planning Scheme.

• The development demonstrates several fundamental deficiencies of

Guidelines for Higher Density Residential Development (2004) in terms of Urban Context, Building Envelope, Circulation and Services and Landscape Design.

6. CONFIDENTIALITY

There are no confidentiality issues associated with this report.


RECOMMENDATION

That if Council were in a position to make a decision within the prescribed timeframes of the Planning & Environment Act 1987, that a Notice of Refusal to Grant a Planning Permit to develop the land for a four storey (including semi basement) apartment building containing 14 dwellings, removal of vegetation and alterations to the access of a Category 1 Road at 55 Boronia Road, Boronia on the following grounds:

1. The proposal is considered inconsistent with applicable objectives for residential development as contained within the Local Planning Policy Framework of the Planning Scheme and in particular Clause 22.10 Housing Policy.

2. The proposed development is inconsistent with the adopted height limit of 7.5 metres (2 storeys) of the Boronia Structure Plan and Amendment C64 which is a seriously entertained planning document.

3. The proposed development does not provide any bicycle parking in accordance with Clause 52.34 of the Knox Planning Scheme.

4. The proposed development is inconsistent with the objectives of the Guidelines for Higher Density Residential Development (2004) in terms of Urban Context, Building Envelope, Circulation and Services and Landscape Design.

5. The proposed development has not addressed a fundamental conflict between protecting and retaining two remnant street trees protected by the Vegetation Protection Overlay – Schedule 3 and the requirements of VicRoads to provide a widened crossover to Boronia Road.


COUNCIL RESOLUTION MOVED: CR. MORTIMORE SECONDED: CR. COLE

That if Council were in a position to make a decision within the prescribed timeframes of the Planning & Environment Act 1987, that a Notice of Refusal to Grant a Planning Permit to develop the land for a four storey (including semi basement) apartment building containing 14 dwellings, removal of vegetation and alterations to the access of a Category 1 Road at 55 Boronia Road, Boronia on the following grounds:

1. The proposal is considered inconsistent with applicable objectives for residential development as contained within the Local Planning Policy Framework of the Planning Scheme and in particular Clause 22.10 Housing Policy.

2. The proposed development is inconsistent with the adopted height limit of 7.5 metres (2 storeys) of the Boronia Structure Plan and Amendment C62 which is a seriously entertained planning document.

3. The proposed development does not provide any bicycle parking in accordance with Clause 52.34 of the Knox Planning Scheme.

4. The proposed development is inconsistent with the objectives of the Guidelines for Higher Density Residential Development (2004) in terms of Urban Context, Building Envelope, Circulation and Services and Landscape Design.

5. The proposed development has not addressed a fundamental conflict between protecting and retaining two remnant street trees protected by the Vegetation Protection Overlay – Schedule 3 and the requirements of VicRoads to provide a widened crossover to Boronia Road.

CARRIED


APPENDIX A/1


APPENDIX A/2


APPENDIX A/3


APPENDIX A/4


APPENDIX B/1


APPENDIX B/2


APPENDIX B/3


APPENDIX B/4


APPENDIX B/5


APPENDIX B/6


APPENDIX B/7


APPENDIX B/8


COLLIER WARD

6.3 APPLICATION TO DEVELOP THE LAND FOR THREE SINGLE STOREY AND THREE DOUBLE STOREY DWELLINGS (TOTAL OF 6 DWELLINGS) AT 11 HADLOW DRIVE, WANTIRNA Melway Ref. 63 J5 (Application No. P/2011/6296)

1. SUMMARY:

Land: Owner:

11 Hadlow Drive, Wantirna Housing Choices Australia

Applicant: Arg Planning Proposed Development: The development of the land for 6

dwellings Existing Land Use: Dwelling Area/Density: 981m2 1:163m2 Zoning: Residential 3 Zone Overlays: None Local Policy: Neighbourhood Character Policy

Housing Policy Application Received: 19 April 2011 Number of Objections: 14 objections PCC Meeting: 16 August 2011 Assessment:

The proposal generally complies with the Housing Policy, Neighbourhood Character Policy and ResCode.

The proposal generally complies with the Residential 3 Zone.

The proposed development seeks to provide affordable housing by a registered housing association. It should be noted that while the development proposes six dwellings, these dwellings are very modest in size and result in a building footprint similar to that of a large dual occupancy.

On balance it is considered that the proposal responds well to State and Local Planning Policies, subject to modifications. The development will contribute to affordable housing in Knox. It is recommended that Council issue a Notice of Decision to Grant a Planning Permit, subject to conditions.

41 COUNCIL – CITY DEVELOPMENT 25 October 2011 6.3 11 Hadlow Drive, Wantirna (cont’d)

2. BACKGROUND


The location of the subject site is shown in Appendix A.

• The subject site is rectangular in shape, located on the northern side of Hadlow Drive in Wantirna. The site has an overall area of 981m2 with a frontage to Hadlow Drive of 20.12 metres. A single storey brick dwelling exists on site.

• Adjoining the subject site to the north, east, west and south across Hadlow Drive is land used for residential purposes. Dwellings in the immediate area are a mixture of single and double storey with a mixture of brick and weatherboard throughout. The Wantirna Mall Neighbourhood Activity Centre is located 130 metres to the west.

• Vegetation on site comprises species such as Italian Cypress, Mirror Bush, South Mahogany Gum and environmental weed species.

2.2 The Proposal


The application proposes to construct three single storey and three double storey dwellings on the site. The proposal is to provide affordable housing by a Registered Housing Association, Housing Choices Australia (HCA). HCA is an organisation dedicated to the provision of a wide range of accommodation solutions for low income people and people who are disadvantaged, have a disability or are homeless. Details are as follows:

• The three x two storey dwellings will be attached and arranged across the front of the site, fronting Hadlow Drive. These dwellings will be setback from Hadlow Drive a minimum of 8.5 metres and contain kitchen, living and dining at ground floor and two bedrooms at first floor. The single storey dwellings are attached and located at the rear of the site and contain an open plan kitchen, living and dining area and one or two bedrooms. Each dwelling is provided with a private open space area to the north.

• Vehicular access to the site is provided by a proposed crossover at the south west corner of the site and 3 metre wide driveway along the western boundary leading to six car spaces in the centre of the site.


• All trees are proposed to be removed from the site. None of the vegetation has been deemed significant.

3. CONSULTATION

3.1 Advertising

The application was advertised by mail to surrounding owners and occupiers and signs were displayed on site for a period of 14 days. 14 written objections were received to the application. The concerns raised in the objections and a response to these concerns are provided below:

The design is not consistent with neighbourhood character due to number of dwellings and double storey design.

• The development incorporates important neighbourhood character features such as pitched roofs, brick, render and weatherboard finishes, eaves and landscaped spacing between dwellings.

The development will cause additional traffic congestion and parking within Hadlow Drive and not enough parking has been provided.

• Car parking for residents has been provided at ratios consistent with the Parking Provision Standard of ResCode. The development seeks the waiver of one visitor space and the merits of this is discussed at Section 4.3 of this report. The proposed development is not anticipated to cause an unreasonable increase in traffic flows within the local street network.

Increase in noise

• The development will unlikely result in any unreasonable increase in residential noise.

Size of dwellings and disabled access

• The proposed dwellings are modest in size and have been designed to meet the needs of Housing Choices Australia and their clients. The single storey dwellings at the rear of the site have been designed to accommodate disabled persons and as Housing Choices Australia control who of their clients is accommodated within the dwellings, they will regulated client/dwelling suitability.


Potential overshadowing of adjoining properties

• The proposed development will not result in unreasonable overshadowing in accordance with the ResCode standard.

Number of ‘government houses’ in the area

• Each application must be decided on its merits. The number of other ‘government housing’ within the area is not a relevant planning consideration.

Location of cooling units

• The location of cooling units has not been stipulated as the location of such facilities does not require planning permission.

Impact on property values

• This is not a planning consideration.

3.2 Planning Consultative Committee Meeting

A Planning Consultation Committee (PCC) Meeting was held at the Civic Centre on 16 August 2011. Objectors expressed the following main concerns with the proposal:

• Number of dwellings proposed – residents would prefer to see only three dwellings on the site.

• Dwelling sizes too small

• Potential increase in noise from the development

• Potential increase in traffic congestion in Hadlow Drive

• Maintenance of landscaping within the development.

• Car parking provision and access for cars assisting people with disabilities. Councillors requested Housing Choices Australia provide a report on how other affordable housing sites cope with car parking arrangements.

• Access for emergency vehicles.

After the PCC meeting, the applicant provided Council with a report and additional information regarding how other affordable housing sites operate in terms of car parking arrangements. This information is discussed and considered at Section 4.3 of this report.


3.3 Referrals

The application has been referred to internal departments for comment. No objection has been raised; the following is a summary of relevant advice:

Traffic Engineer

• Standard conditions to be included on any permit issued.

Drainage Engineer


Arborist

• None of the vegetation on site is significant or worthy of retention.

Strategic Planning

• The site is ideally located for this type of development given that it is within easy walking distance of the Wantirna Mall Neighbourhood Activity Centre.

• The development will provide much needed dwelling diversity and affordability, particularly in this older part of Wantirna where there is significant need for smaller housing.

4. DISCUSSION



4.1.1 Zone

The site is located within the Residential 3 Zone. Within the Residential 3 Zone (R3Z) a Planning Permit is required to construct more than one dwelling on a lot. The Schedule to the Residential 3 Zone requires open space areas to be a minimum 60m2 with 40m2 of secluded private open space with a minimum width of 5 metres.


• Only dwelling 1 fully complies with the requirement. Dwellings are provided with between 29 and 46m2 of secluded private open space with a 5 metre width. On balance, it is considered that the trade off between providing much needed affordable housing by a Registered Housing Association and the provision of private open space is appropriate in this instance given the site’s location within close proximity to services and public transport. Importantly, private open space areas achieve the 5 metre width required by the schedule, which will still allow for appropriate landscaping within these areas, contributing to the character of the area.



State policy requires Council to integrate the range of policies relevant to the issues to be determined, and balance conflicting objectives in favour of net community benefit and sustainable development.

Key Policies:


• The design of the development will make a positive contribution to the streetscape, with built form considered to be appropriate in form and scale. The development incorporates important neighbourhood character features such as pitched roofs, brick and weatherboard finishes, eaves and landscaped spacing between dwellings. Double storey built form has been located to the street frontage.

• It is important to note that the built form is quite modest and while it contains six dwellings, the building footprint is similar to that of a large dual occupancy development.



• The proposal contributes to the consolidation of urban development through the provision of increased density within an existing residential area within close proximity to urban services and transport. A condition of any permit issued will require the submission of a Sustainable Design Assessment. Dwellings are orientated to the north and incorporate eaves.

Clause 16 Housing – Encourage the development of well-designed medium-density housing that respects the neighbourhood character; improves housing choice; makes better use of existing infrastructure; and, improves energy efficiency of housing.

• Neighbourhood character - this is discussed in a later section of the report (Section 4.2.2).

• Housing choice – providing the option of smaller dwelling sizes on smaller lots is considered to increase housing choice.

• Housing affordability – the proposal will provide accommodation solutions for low income people and people who are disadvantaged, have a disability or are homeless.



Clause 18 Transport – Ensure that access is provided to all available modes of transport.

• The site is located within 250 metres walking distance of bus stops on Boronia Road and Mountain Highway, which is serviced by bus routes No. 745C and D, 738 and 901.

• Bus route 745B from Bayswater to Wantirna Primary School.

• The 901 service (Smart Bus) runs between Frankston and Melbourne Airport from 5am to midnight between two to five times an hour on weekdays, from 6am to midnight twice an hour on Saturdays, and from 7am to 6pm twice an hour on Sundays.


Clause 21.05-2 Municipal Strategic Statement (MSS). The MSS seeks to reduce the prevalence of infill housing development in dispersed locations as a major form of housing development by promoting activity centres and key redevelopment strategic sites as the preferred location.

• The site is not located in an Activity Centre or key redevelopment site, however is located within 120 metres walking distance of the Wantirna Mall Neighbourhood Activity Centre.

The MSS further seeks to manage the need for more housing and maintaining the valued qualities of identified areas of environmental and character significance. The MSS supports development that respects the existing or preferred residential neighbourhood character.

• While the land is not in an Activity Centre, the proposal, provided it respects existing or preferred neighbourhood character, can be consistent with the requirements of the MSS. An assessment against Council’s preferred Neighbourhood Character Policy (Clause 22.07) is below. It should be noted that while the development proposes six dwellings, these dwellings are very modest in size and result in a building footprint similar to that of a large dual occupancy.

Encourage the provision of affordable housing for all types of households.

• The proposed development seeks to provide affordable housing by a registered housing association.

Clause 22.07 Neighbourhood Character: Garden Court Character Precinct – The desired future character of this area is for “Low scale dwellings set within an open landscape with, in some areas, occasional pockets of large native trees.” To retain the remnant indigenous and other native trees and encourage the new planting of large native trees.

• There is one native tree on site, a South Mahogany Gum which has poor structure and health and is not worthy of retention.


To maintain the rhythm of spacing between dwellings.

• The proposed development maintains the rhythm of spacing between dwellings by consolidating built form to the front and rear of the site, separated by landscaping and car parking areas. From outside the site, the development would have the appearance of a large dual occupancy.

To maintain the openness of front boundary treatments.

• The front setback is adequate to allow for landscaping and the fencing within the front setback has been setback off the front boundary to soften fencing treatment.

To minimise the dominance of buildings from the street.

• Dwelling setbacks from Hadlow Drive allow for the planting and establishment of vegetation. Upper floors are setback from the lower façade to create articulation and minimise dominance of dwellings when viewed from the street.

To minimise loss of front garden space, and dominance of car storage facilities.

• All car parking is to be located to the rear of Dwellings 1 to 3.

Clause 22.10 Housing: Medium Density – The Housing Policy at Clause 22.10-1 recognises that the population of Knox will grow by 12,000 persons and 15,000 households to 2030.

In response to this forecast, the Housing Policy directs that infill medium density housing in dispersed residential locations respects and complements the desired future residential character objectives of Clause 22.07 Neighbourhood Character Policy and Clause 22.01 Dandenong Foothills Policy, where relevant.

Before deciding on an application, the responsible authority will consider, as appropriate, whether:

The proposed development owned and managed by public authorities and/or non-profit registered housing associations and provides a type of housing that satisfies an identified housing need within the Knox community.


• The subject site and the proposed development is owned and managed by Housing Choices Australia, a registered, not for profit housing association. This form of development will provide accommodation solutions for low income people and people who are disadvantaged, have a disability or are homeless.

The proposed development will contribute to a diversity of housing in Knox.

• The proposed dwellings which incorporate one and two bedroom dwellings which will provide for a range of household types and sizes. The dwellings provide smaller areas of open space which are easier to maintain.

There is access to frequent public transport services between 6.00am and 11.00pm daily, seven days a week.

• The site does not have access to public transport that operates between 6.00am and 11.00pm daily, seven days a week.

4.3 Clause 55 – Two or More Dwellings on a Lot and Residential Buildings (ResCode)

The proposal generally complies with the provisions of Clause 55 of the Knox Planning Scheme, an assessment of the key criteria; including any areas of non compliance are considered below:

Neighbourhood Character and Infrastructure

Neighbourhood Character – Complies, refer to Section 4.2.2 above

Site Layout and Building Massing

Street Setback – Non compliance - The front setback does not comply with the minimum front setback of 9 metres required by ResCode. However, the setback 8.5 metre setback are similar to other dwellings within the street and allow for appropriate landscaping and canopy tree planting to soften the appearance of the dwellings from the street.

Building Height – Complies

Site Cover/permeability – Complies

Energy Efficiency – Complies. The design has ensured all dwellings have access to northern solar light and eaves. A Sustainable Design Assessment will be required as a condition of any permit issued.


Landscaping – A condition on any permit issued will require that appropriate landscape plans are submitted to the satisfaction of the Responsible Authority.

Access – Complies

Parking provision and location – Partially complies. Each dwelling is provided with one car space, which is consistent with the standard. The standard also requires one visitor car space be provided for every five dwellings and the development seeks a dispensation for this visitor space.

While the rear three dwellings have been designed to be able to accommodated disabled persons, able bodied persons may also be allocated to these dwellings. Housing Choices Australia have advised that a disabled space is not necessary, as if disabled persons are allocated to the dwellings, they will be transported to and from the site using an accessible taxi service which can utilise the site in its current layout.

In support of their application, the applicant has provided Council with a report prepared by a Traffic Engineer which acknowledges that similar developments specifically geared towards affordable housing results in a lower demand for car parking than ‘regular’ housing developments. It should be noted that the subject site has a wide frontage to Hadlow Drive, and the overflow visitor space can easily be accommodated within the existing street network. Additionally, the site is located within 120 metres of the Wantirna Mall Neighbourhood Activity Centre.

For these reasons, the dispensation of one visitor space is considered acceptable in this instance.

Amenity Impacts

Side and rear setbacks – Complies

Walls on boundaries – Complies

Daylight to existing windows/north facing windows – Complies

Overshadowing open space – Complies

Overlooking –Complies.


Internal views –Complies

On-Site Amenity and Facilities

Daylight to new windows – Complies

Private Open Space – See assessment at Section 4.1 of this report.

Solar access to open space – Complies

Storage – Complies

Front fence – Complies



5. CONCLUSION

Clause 11 of the Knox Planning Scheme requires Council to balance relative policy objectives when making decisions to ensure resulting development is sustainable and achieves a net community gain. In this context, the development is appropriate given the following:

• On balance, while the proposed development doesn’t fully comply with the private open space requirements of the Schedule to the Residential 3 Zone, it is an excellent outcome in terms of providing much needed affordable housing in Knox and is therefore considered to be consistent with the objectives of the Housing Policy.

• As discussed above, the site is not located within a preferred area however the site is capable of absorbing the six modest dwellings while making a positive contribution to the character of the area. The development is located within an existing urban area where services and transportation is located within a very short distance.

• The development is consistent with the Neighbourhood Character Policy with the proposed dwellings considered to be appropriate in built form and scale, adequately separated with areas allowing for additional landscaping between the built form.

• The development is generally compliant with ResCode subject to changes that will be conditioned on any permit issued.

6. CONFIDENTIALITY



RECOMMENDATION

That Council issue a Notice of Decision to Grant a Planning Permit to develop the land for six dwellings at 11 Hadlow Drive, Wantirna subject to the following conditions:

Amended plans

1. Prior to the commencement of any buildings or works, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the plans submitted with the application but modified to show:

1.1 Drainage Plans in accordance with Condition 2.

1.2 Landscape Plans in accordance with Condition 4.

1.3 A Sustainable Design Assessment in accordance with Condition 7.

To the satisfaction of the Responsible Authority.

Drainage plans

2. Prior to commencement of any buildings or works, three copies of drainage plans and computations must be submitted to and approved by the Responsible Authority. Construction of the drainage is to be in accordance with these plans. The plans must show the following:

2.1 All stormwater drainage discharge from the site connected to a legal point of discharge.

2.2 The internal drains of the dwellings to be independent of each other.

2.3 An on-site detention system designed by a suitably qualified Civil Engineering Consultant to ensure no net increase in stormwater discharge from the proposed development.

2.4 The on-site detention system to be installed in a suitable location for easy access and maintenance.

2.5 A suitable overland flow path for the entire site to the satisfaction of the Responsible Authority. Details of the overland flow path are to be included on the plans.


Recommendation (cont’d)

2.6 All levels to be to AHD (Australian Height Datum).


3. Stormwater runoff from all buildings and hardstand surfaces shall be properly collected and discharged in a complete and effective system of drains within the property and shall not cause or create a nuisance to abutting properties.

Landscape plans

4. Prior to the commencement of any buildings or works, a landscape plan to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plan will be endorsed and will then form part of the permit. The plan must show:

4.1 A survey (including botanical names, height and width) of all existing vegetation to be retained and / or removed.

4.2 The identification and removal of all vegetation identified as an environmental weed in Knox (as outlined in Appendix 2 of Council’s Landscape Guidelines for Planning Permits).

4.3 Buildings and trees (including botanical names, height and width) on neighbouring properties within three metres of the boundary.

4.4 Details of the surface finishes of pathways and driveways.

4.5 Details and location of all existing and proposed services including above and below ground lines, cables and pipes.

4.6 A planting schedule of all proposed trees, shrubs and ground covers, including botanical names, common names, pot sizes, sizes at maturity, and quantities of each plant.

4.7 Landscaping and planting within all open areas of the site (including additional planting within open space areas of the existing dwelling/s).



4.8 The plans must also show the provision of at least 6 additional indigenous or native canopy trees chosen from Appendix 4 or 5 of Council’s Landscape Guidelines for Planning Permits. These canopy trees must be at least two metres tall when planted.


5. Before the occupation of the development, the landscaping works shown on the endorsed plans must be carried out and completed to the satisfaction of the responsible authority.

6. The landscaping shown on the endorsed plans must be maintained to the satisfaction of the responsible authority. Any dead, diseased or damaged plants are to be replaced.

Sustainable Design Assessment

7. Prior to the commencement of any buildings or works, a Sustainable Design Assessment detailing Sustainable Design initiatives to be incorporated into the development must be submitted to and approved by the Responsible Authority. The Sustainable Design Assessment must outline the proposed sustainable design initiatives to be incorporated throughout the development such as (but not limited to) energy efficiency, water conservation, stormwater quality, waste management and material selection, to the satisfaction of the Responsible Authority.

8. Prior to the occupation of the development, the development must be constructed in accordance with the Sustainable Design Assessment, to the satisfaction of the Responsible Authority.

General

9. All development must be in accordance with the endorsed plans.

10. The development as shown on the endorsed plans must not be altered without the written consent of the Responsible Authority.

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

12. Prior to the occupation of the dwellings the development is to be completed in accordance with the endorsed plan/s to the satisfaction of the Responsible Authority.



Carparking and Driveways

13. Before the dwellings are occupied, driveways and carparking areas must be fully constructed in accordance with plans submitted to and approved by the Responsible Authority. All driveway and carparking areas as shown on the endorsed plan must be fully constructed to the minimum standard of 100mm depth of reinforced concrete and properly formed to such levels that they can be used in accordance with the plans. Construction using any alternative hardstanding sealed surface is subject to detailed plans to be submitted to and approved by the Responsible Authority.

14. Parking areas and driveways must be kept available and maintained for these purposes at all times to the satisfaction of the Responsible Authority.

Fencing

15. All costs associated with the provision of the fencing are to be borne by the owner/developer under this permit.

16. Prior to the occupancy of the development all fencing shall be in a good condition to the satisfaction of the Responsible Authority.

Construction Amenity

17. Upon commencement and until conclusion of the development, the developer shall ensure that the development does not adversely affect the amenity of the area in any way, including:

17.1 the appearance of building, works or materials on the land

17.2 parking of motor vehicles

17.3 transporting of materials or goods to or from the site

17.4 hours of operation

17.5 stockpiling of top soil or fill materials

17.6 air borne dust emanating from the site

17.7 noise

17.8 rubbish and litter

17.9 sediment runoff



Should the development cause undue detriment to the amenity of the area then immediate remedial measures must be undertaken to address the issue as directed by, and to the satisfaction of, the Responsible Authority.

Permit expiry

18. This permit will expire if one of the following circumstances applies:

18.1 The development is not started within two years of the date of this permit.

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

The Responsible Authority may extend the periods referred to if a request is made in writing before the permit expires or within three months afterwards.

NOTES Drainage Notes (to be read in conjunction with the above drainage conditions): • Applicant shall engage a certified Engineering Consultant to analyse

the site’s existing drainage to determine type and size of the Onsite Detention (OSD) system. This shall be designed in accordance with the Knox City Council (Responsible Authority) Stormwater Drainage Guidelines, (copy available on request), and approved drainage design methods specified in the current edition of Australian Rainfall and Runoff. It should be located preferably in a common area to the dwellings, and be easily accessible for maintenance.

• Applicant is to direct all stormwater to the Legal Point of Discharge (LPD) for the property. Applicant is to verify this on site. Connect all stormwater discharge from the site to the LPD via an Onsite Detention (OSD) system. The internal drains for the dwellings are to be independent of each other.

• Tc = 22 mins, Tso = 5 mins. • The total Permissible Site Discharge for the property including all

dwellings is 4.8 L/s to the existing Council drainage system for a 5 year ARI event.

• The Applicant is required to use Australian Height Datum (AHD) to present levels in all future plans. Applicant must ensure that levels on the plan are accurate.



• Drainage works in the Road reserve or in the Council easement will require a road opening permit.

• Drainage system designed so as to avoid impact on any vegetation shown on the endorsed plans as being retained.

• Water Sensitive Urban Design (WSUD) should be addressed as part of this development, e.g. water storage tanks, swale drains, etc.

Other Notes: • Council encourages the consideration of water storage tanks for all

existing and proposed residential developments. • A building permit must be obtained before development is

commenced. • Buildings are not allowed to be built over Council easements. • The dwelling/s must achieve a minimum 6-Star Energy Rating. • In accordance with Council policy, an 8.5% public open space

contribution may apply in the event of the subdivision of the land. • Indigenous plants can be purchased through approved indigenous

nurseries, as listed in the Knox City Council 'Preferred Local Replacement Plants' Information Sheet.

• Dwelling numbers as shown on the endorsed plans do not necessarily indicate any future street numbers. Property (street) numbering shall be in accordance with Council’s Property (Street) Numbering Policy. Information regarding this can be obtained from Council’s Property and Revenue Services Department on 9298 8215.

• Raised concrete slabs on the existing footpath fronting the site should be grounded.

• All litter and rubbish associated with the construction must be contained on site at all times.


COUNCIL RESOLUTION MOVED: CR. MORTIMORE SECONDED: CR. COSSARI

That Council issue a Notice of Decision to Grant a Planning Permit to develop the land for six dwellings at 11 Hadlow Drive, Wantirna subject to the following conditions:

Amended plans





1.4 Note the removal of one dwelling, either dwelling 1, 2 or 3 to make a total of 5 dwellings on the site.


Drainage plans











Landscape plans










4.8 The plans must also show the provision of at least 6 additional indigenous or native canopy trees chosen from Appendix 4 or 5 of Council’s Landscape Guidelines for Planning Permits. These canopy trees must be at least two metres tall when planted.







General









Fencing











17.7 noise





Permit expiry





NOTES Drainage Notes (to be read in conjunction with the above drainage conditions):

• Applicant shall engage a certified Engineering Consultant to analyse the site’s existing drainage to determine type and size of the Onsite Detention (OSD) system. This shall be designed in accordance with the Knox City Council (Responsible Authority) Stormwater Drainage Guidelines, (copy available on request), and approved drainage design methods specified in the current edition of Australian Rainfall and Runoff. It should be located preferably in a common area to the dwellings, and be easily accessible for maintenance.

• Applicant is to direct all stormwater to the Legal Point of Discharge (LPD) for the property. Applicant is to verify this on site. Connect all stormwater discharge from the site to the LPD via an Onsite Detention (OSD) system. The internal drains for the dwellings are to be independent of each other.

• Tc = 22 mins, Tso = 5 mins.

• The total Permissible Site Discharge for the property including all dwellings is 4.8 L/s to the existing Council drainage system for a 5 year ARI event.



• Drainage works in the Road reserve or in the Council easement will require a road opening permit.



Other Notes:

• Council encourages the consideration of water storage tanks for all existing and proposed residential developments.

• A building permit must be obtained before development is commenced.

• Buildings are not allowed to be built over Council easements.

• The dwelling/s must achieve a minimum 6-Star Energy Rating.

• In accordance with Council policy, an 8.5% public open space contribution may apply in the event of the subdivision of the land.

• Indigenous plants can be purchased through approved indigenous nurseries, as listed in the Knox City Council 'Preferred Local Replacement Plants' Information Sheet.




A Division was called by Councillor Pearce For the motion: Councillor Gill, Council Van de Vreede,

Councillor McMillan, Councillor Cossari, Councillor Walter, Councillor Mortimore

Against the motion: Councillor Cole, Councillor Pearce

CARRIED 6:2

64 COUNCIL – CITY DEVELOPMENT 25 October 2011 APPENDIX A/1

66 COUNCIL – CITY DEVELOPMENT 25 October 2011 APPENDIX B/1


CHANDLER WARD

6.4 APPLICATION TO DEVELOP THE LAND FOR TWO (2) DOUBLE STOREY DWELLINGS AND FOUR (4) SINGLE STOREY DWELLINGS AND CREATION OF ACCESS TO A CATERGORY 1 ROAD (DORSET ROAD) AT 306 – 308 DORSET ROAD, BORONIA, Melway Ref. 65 A7 (Application No. P/2011/6264)

1. SUMMARY:

Land: 306 – 308 Dorset Road, Boronia Applicant: AAA Action Drafting Pty Ltd Proposed Development: The development of the land for two

double storey dwellings and four single storey dwellings and the creation of access to a Category 1 Road (Dorset Road)

Existing Land Use: Vacant land at 306 and a Single Dwelling at 308 Dorset Road

Area/Density: 3,497 m2 / 1:583 m2 Zoning: Residential 3 Zone Overlays: Design and Development Overlay -

Schedule 2 Vegetation Protection Overlay - Schedule 3 Significant Landscape Overlay - Schedule 3

Local Policy: Dandenong Foothills Policy Neighbourhood Character Policy Housing Policy

Application Received: 5 April 2011 Number of Objections: None PCC Meeting: N/A Assessment:

The proposal generally complies with the Dandenong Foothills Policy, Housing Policy, Neighbourhood Character Policy and ResCode.

The proposal complies with the Residential 3 Zone, Vegetation Protection Overlay - Schedule 3, Design and Development Overlay - Schedule 2 and the Significant Landscape Overlay - Schedule 3. It should be noted that this is a large site capable of absorbing six dwellings whilst making a positive contribution to the character of the area.

On balance it is considered that the proposal responds well to State and Local Planning Policies, subject to modifications. It is recommended that Council issue a Planning Permit, subject to conditions.

73 COUNCIL – CITY DEVELOPMENT 25 October 2011 6.4 306 - 308 Dorset Road, Boronia (cont’d)

2. BACKGROUND



• The subject site is located on the eastern side of Dorset Road and contains two allotments known as 306 and 308 Dorset Road in Boronia. The site is an irregular shape with a combined frontage to Dorset Road of 52.2 metres, a width to the northern boundary of 81.7 metres and a width to the southern boundary of 51.8 metres with a total area of 3,497m2. Land at 306 Dorset Road is currently vacant and a single storey brick dwelling and associate outbuildings occupies land at 308 Dorset Road. A 5.05 metre wide drainage and sewerage easement is located on 306 Dorset Road, running from the northwestern (front) corner of the site to the southeastern (side) of the site.

• The subject site abuts an open space reserve to the south with the surrounding area is characterised by single or double storey dwellings. Unit developments are common in the surrounding area. Carports and garages are predominantly located to the side or rear of dwellings and front setbacks are varied.

• The site contains a number of indigenous and exotic trees with Council’s Arborist report identifying a significant number of weed species on the site. Planning permit (P/2011/6193) was previously issued for the removal and pruning of several indigenous trees on the site for health and structural issues.

2.2 The Proposal


The applicant proposes to remove the existing dwelling and construct two (2) double storey dwellings and four (4) single storey dwellings and the creation of access to a Category 1 Road (Dorset Road). Details are as follows:

• Dwelling 1 and 6 will front Dorset Road and are setback 8.3 metres and 14.5 metres and both are double storey. Dwelling 6 will have a separate vehicle access via a new crossover located at the southwest corner of the site and a double garage forward of the dwelling setback 7.4 metres from the frontage.

• Dwellings 2 to 5 will be located behind Dwellings 1 and 6 and are single storey. Vehicle access will be shared for Dwellings 1 to 5 via a new centrally located crossover and driveway.


• Each dwelling contains 3 bedrooms, a study area, kitchen, living and meals areas, amenities and double garages.

• A total of five (5) trees will be retained on site with all other vegetation to be removed to facilitate the development. Vegetation shown to be removed has previously been issued a planning permit for their removal.

3. CONSULTATION

3.1 Advertising

The application was advertised by way of signs on both frontages of the site and notices were sent to adjoining property owners and occupiers. No objections were received.

3.2 Referrals

The application has been referred to VicRoads and internal departments for comment. No objections have been raised; the following is a summary of relevant advice:

VicRoads

• No objections subject to conditions.

Traffic Engineer


Drainage Engineer


Arborist

• Proposed front fence modified to a 1.6 metre high picket fence with stump holes located to avoid damage to existing roots.

• Tree root investigation works to locate the roots of the Liquidambar and English Oak where development will occur within the TPZ radius of these trees.

• Standard Tree Protection Fencing should be a condition on any permit issued.


Waste Management

• No issues, waste and recycling collections can be undertaken by Council.

ESD Officer

• Plans amended to show rainwater gardens and pebbles along the common driveway.

4. DISCUSSION



4.1.1 Zone

Residential 3 Zone


• The proposed development is considered to be consistent with the purpose of the Residential 3 Zone in terms of providing additional dwellings to meet the housing needs of the growing population and is generally consistent with the design objectives of the Bush Suburban Character.

• All dwellings comply with the requirements of the Schedule. 4.1.2 Overlays

Vegetation Protection Overlay - Schedule 3

Vegetation Protection Overlay, Schedule 3 (VPO3) seeks to preserve remnant overstorey vegetation and requires the issue of a permit for the removal of large native trees greater than 8 metres in height and with a trunk diameter of 300mm or more.


• A permit has already been issued for tree removal on the site, which has largely been acted upon. As a result, none of the trees shown on the plans as being removed require a planning permit for removal.

Design and Development Overlay - Schedule 2

The site is located within the Design and Development Overlay 2 (DDO2) relating to the Dandenong Foothills: Lower Slope and Valley Area. Within the DDO2, a planning permit is required for the proposed buildings and works.

The site area covered by buildings must not exceed 40%, and the site area covered by buildings and impervious surfaces must not exceed 60%.

• The proposed development complies with this requirement as 38.78% of the site will be covered by buildings and less than 60% of the site covered by buildings and impervious surfaces.

Land in the DDO2 must not be subdivided into lots less than 500m2.

• The subject site has an overall area of 3,497m2, which will allow for future subdivision of the site into lots of more than 500m2 each, with common property required. Further, indicative subdivisional boundaries are shown on the site plan further illustrating compliance with the DDO2.

Significant Landscape Overlay - Schedule 3

The site is located within the Significant Landscape Overlay 3 (SLO3) relating to the Dandenong Foothills: Lower Slope and Valley Area. Within the SLO3, a planning permit is triggered for the proposed buildings and works.

• The proposed development will not impact upon local views within the foothills and upon more distant views across the city and suburbs to the foothills of the Dandenong’s. The proposed development will not penetrate above the tree canopy and allows for the replanting of vegetation. The height of the proposed development is below the height limit of 7.5 metres. A condition of any permit issued will ensure that non-reflective materials coloured and maintained in muted tones of green or brown are utilised.


The SLO3 requires a planning permit to remove destroy or lop a tree if the circumference of the trunk is more than 0.5 metre or the height of the tree is 5 metres or more. This does not apply to weed species listed in the schedule.

• Of the trees proposed to be removed, none require a planning permit for their removal under the SLO3.




Key Policies:


• With changes, the design of the development will make a positive contribution to the streetscape, with built form considered to be appropriate in form and scale. Dwelling 6 currently presents quite poorly to the street, with the garage set considerably more forward and isolated from the dwelling. A condition of any permit issued will require the garage to be relocated to be no further forward than the dwelling line and accessed from the central driveway.

• The development incorporates important neighbourhood character features such as pitched roofs, brick and timber finishes, eaves and landscaped spacing between dwellings. Upper levels of Dwellings 1 and 2 are well articulated and significant smaller than the ground level to reduce building bulk and mass.



• The proposal contributes to the consolidation of urban development through the provision of increased density within an existing residential area within reasonable distance to urban services and transport. Dwellings are orientated to the north and incorporate eaves. Further, should a permit be issued, the development is required to be constructed in accordance with an approved Sustainable Design Assessment.



• Housing choice – providing the option of dwellings on smaller lots is considered to increase housing choice.




• The site is located within 65 metres walking distance of a bus stop on Dorset Road, which is serviced by bus routes No. 737 and No. 691 and approximately 600 metres from the Boronia Train Station.

• Bus route 737 from Croydon Station via Knox City to Glen Waverley via Monash University operates at various intervals from 6.16am to 9.38pm Monday to Friday with peak times being half hourly. Saturday services run half hourly from 5.55am to 9.35pm. Sunday services operate from half hourly from 8.22am to 9.33pm.


• Route No. 691 provides direct access between Boronia - Waverley Gardens via Ferntree Gully, and operates between 5:42am and 9:14pm Monday to Friday at approximately 25 minute intervals; between 7:50am and 9:30pm on Saturdays at 60 minute intervals and; between 8:54am and 9pm on Sundays at 60 minute intervals.

• It should also be noted that the site is not far from the Boronia Railway Station, being located 600 metres to the southwest.


Clause 21.05-2 Municipal Strategic Statement (MSS) The MSS seeks to reduce the prevalence of infill housing development in dispersed locations as a major form of housing development by promoting activity centres and key redevelopment strategic sites as the preferred location.

• The site is not located in an Activity Centre or key redevelopment site.


• While the land is not in an Activity Centre, the proposal, provided it respects existing or preferred neighbourhood character, can be consistent with the requirements of the MSS.

• An assessment against Council’s preferred Neighbourhood Character Policy (Clause 22.07) is below, however it should be noted that this is a large site capable of containing six dwellings whilst making a positive contribution to the character of the area. It should also be noted that there are a large number of properties within the area that have already been developed with multi-dwellings.

Clause 22.01 Dandenong Foothills: Lower Slope and Valley Area – The objectives of the Dandenong Foothills policy are ‘to ensure that the design and siting of buildings, works and landscaping protects and enhances the visual dominance of vegetation, including canopy trees and native understorey plants’. It is policy that: There is a continuous vegetation canopy across residential lots and roads.

• The development provides adequate areas for the establishment of additional landscaping which will maintain and enhance the landscape character of the area.


Development blends with vegetation on the hillsides to maintain and enhance the appearance of the area as an extension of the Dandenong Ranges National Park.

• The proposed colours of the materials are detailed on the elevations however the proposed colours for the upper level walls and garage doors (light grey / colourbond windspray) are considered to be too light and a condition on any permit will require the colours of the materials to be muted tones of green or brown to the satisfaction of the Responsible Authority.

Development does not rise above the tree canopy height to maintain the significant landscape character of the area and near and distant view lines.

• The maximum building height of the Dwellings will be 7.3 metres, which is below the preferred building height of 7.5 metres. Further, a landscaping plan will be a condition on any permit issued requiring additional canopy trees to be established within the development.

Indigenous trees and understorey vegetation be retained and protected.

• Tree protection fencing and tree root investigation works will be a condition on any permit issued as per Council’s Arborist advice.

A minimum of 80% of all new vegetation (both canopy trees and understorey) be indigenous.

• A condition on any permit will require the development to provide a minimum of 80% indigenous vegetation.

Building height does not exceed 7.5 metres.

• As highlighted above, the maximum building height of the dwellings will be 7.3 metres, which is below the preferred building height of 7.5 metres.

Clause 22.07 Neighbourhood Character: Bush Suburban Character Precinct 1 – The desired future character of this area is for dwellings located within frequent bands of high canopy indigenous and native vegetation, creating a vegetation dominated backdrop. To retain and reinforce the native vegetation dominated backdrop, and encourage the replanting of indigenous plants.

• Tree protection fencing and tree root investigations will be a condition on any permit issued (refer to Arborist comments above) and a landscaping plan will be a condition on any permit issued requiring a minimum of 80% of all new vegetation (both canopy trees and understorey) be indigenous. Further, a condition on any permit will require the proposed front fence modified to a 1.6 metre high picket fence with stump holes located to avoid damage to existing roots.


To maintain the continuity of vegetation and landscape character between dwellings.

• The location of the garage for Dwelling 6 is considered to dominate the streetscape with the garage located forward of the dwelling. A condition of any permit issued will address this.

To ensure buildings and extensions do not dominate the landscape and streetscape.

• As highlighted above, modifications to the design are required to ensure that the garage for Dwelling 6 is relocated to the side of the dwelling.

• Tree Protection Fencing and Tree Root Investigations will be a condition on any permit issued (refer to Arborist comments above) to ensure the retention and protection of the three trees located within the frontage. The maximum height of the dwellings is 7.3 metres ensuring that the dwellings sit below the predominate tree canopy height.

To harmonise with the heavily vegetated areas.

• Proposed materials include a mix of light weight concrete (Hebal), steel, timber and stack stone. The proposed colours of the materials are detailed on the elevations however the proposed colours for the upper level walls and garage doors (light grey / colourbond windspray) are considered to be too light and a condition on any permit will require the colours of the materials to be muted tones of green or brown to the satisfaction of the Responsible Authority.

To minimise excavation for car access, loss of garden space, and dominance of car storage facilities.

• Garage for Dwelling 6 is considered to dominate the streetscape with a proposed setback of 7.4 metres from Dorset Road and the garage is located forward of the dwelling. Further, VicRoads have objected to the creation on the accessway at the southwest corner of the site. A condition on any permit will require the accessway to be deleted for Dwelling 6 and modifications to the Dwelling 6 to ensure the garage is located to the side of the dwelling.


To maintain the continuous flow of the landscape and vegetation, and the bush character of front gardens.

• Timber retaining walls are proposed along the southern, eastern and northern boundaries. A condition on any permit issued will require Tree Protection Fencing and Tree Root Investigations will be a condition on any permit issued as per Council’s Arborist advice. Further, a condition on any permit will require the proposed front fence modified to a 1.6 metre high picket fence with stump holes located to avoid damage to existing roots.





• The proposed dwellings, while on smaller blocks, are quite large, each containing three bedrooms plus study. A condition on any permit issued will require two of the dwellings to be reduced in size to two bedroom dwellings to provide for greater housing diversity both within the development and within the area.





Neighbourhood Character – Complies, subject to modifications, refer to Section 4.2.2 above. Residential Policy - Complies


Infrastructure – Complies Integration with the Street – Complies


Street Setback – Non Compliance. The setback of the garage for Dwelling 6 is located 7.4 metres from Dorset Road which is non compliant with ResCode Standard B6, which requires 9 metres. A condition on any permit issued will require modifications to the design to ensure the garage is located to the rear or side of Dwelling 6 and not protruding forward of the dwelling.



Energy Efficiency – Complies, the design has ensured all dwellings have access to northern solar light and eaves. A condition on any permit will require the development to be constructed in accordance with an approved Sustainable Design Assessment. Further, a condition will also require windows and doors detailed on the elevations to match the site layout plan.


Access – Complies.

Parking provision and location – Complies.

Amenity Impacts





Overlooking – Non Compliance. A condition on any permit issued will require new fencing to a minimum height of 1800mm to all side and rear boundaries except for the southern boundary abutting the reserve. Fencing along the southern boundary abutting the Reserve must be post and wire fencing from the street to the beginning of the Secluded Private Open Space area for Dwelling 6.


Internal views – Complies.



Private Open Space – Complies

Solar access – Complies


Front fence – Non compliance, a condition on any permit will require the proposed front fence modified to ensure stump holes are located to avoid damage to existing roots.

4.4 Clause 52.29 Land Adjacent to a Road Zone, Category 1

The site abuts a Road Zone for a Category 1 Road to the west and a planning permit is required to create the two access ways onto Dorset Road.

• The application was referred to VicRoads, who had no objection to the proposed development.



5. CONCLUSION


• The proposed development is generally consistent with the Housing Policy. As discussed above, the site is located within an established residential area with access to urban services.

• The design of the new dwellings is generally consistent with the Neighbourhood Character objectives subject to modifications to the access and car parking arrangements for Dwelling 6. Subject to conditions, the dwellings are low scale, setback from all boundaries to allow for additional landscaping opportunities, which will maintain and enhance the landscape character of the area.

• The development is generally compliant with ResCode subject to changes that could be conditioned on any permit issued.


6. CONFIDENTIALITY


RECOMMENDATION

That Council issue a Planning Permit to develop the land for two double storey dwellings and four single storey dwellings and the creation of access to a Category 1 Road (Dorset Road) at 306 – 308 Dorset Road, Boronia subject to the following conditions:

Amended plans


1.1 Modifications to Dwelling 6 to show the garage relocated to the side or rear of the dwelling and not protruding forward of the dwelling. Access to this garage must be from the common accessway.

1.2 In complying with Condition 1.1, the indicative subdivision layout plan must be updated to ensure compliance can be met with the requirements of the Design and Development Overlay – Schedule 2.

1.3 Two of the dwellings reduced to two bedroom dwellings to increase dwelling diversity both within the development and the area.

1.4 Annotation on the site plan detailing energy star rating.

1.5 Colours for the upper level walls and garage doors (light grey / colourbond windspray) revised to be muted tones of green or brown to the satisfaction of the Responsible Authority.

1.6 New fencing to a minimum height of 1800mm to all side and rear boundaries except for the southern boundary abutting the reserve. Fencing along the southern boundary abutting the Reserve must be post and wire fencing from the street to the beginning of the Secluded Private Open Space area for Dwelling 6.



1.7 Proposed front fence modified to ensure stump holes are located to avoid damage to existing tree roots.

1.8 Tree root investigations works required for the English Oak and Liquidambar where construction will occur within the TPZ of the trees. Council’s Arborist must be contacted to inspect the roots and alternative methods of construction maybe required or modifications undertaken to Dwelling 1 and the driveway.

1.9 Annotation on the site plan that all structures (including fences, letterboxes and meters) shall be constructed to a maximum height of 900mm clear of the splay area in accordance with AS 2890.1, Clause 3.2.4. All letterboxes must face the street.

1.10 Annotation on the site plan Tree Protection Fencing in accordance with Conditions 8, 9, 10 and 11.

1.11 Detail on the western elevation the windows of the study room and windows to the garage for Dwelling 1.

1.12 Amend the western elevation of the bathroom window to Dwelling 5 to match the scale detailed on the site plan.

1.13 Removal of the ground level window detailed on the southern elevation for Dwelling 1 (not shown on the site plan).

1.14 Detail the windows and door for Dwelling 5 along the southern elevation to match the site plan.

1.15 Detail the door to Garage 1 on the eastern elevation or remove from the site plan.

1.16 Detail bedroom 3 and bathroom windows on the northern elevation for Dwelling 2.

1.17 Modifications to the northern elevation of Dwelling 1 to correctly match the site layout plan.

1.18 Window of the study room for Dwelling 5 on the northern elevation amended to match the scale of the window detailed on the site plan.







Drainage plans










Landscape plans











4.8 The plans must also show the provision of eleven (11) additional indigenous or native canopy trees and at least 40 additional large shrubs chosen from Appendix 4 or 5 of Council’s Landscape Guidelines for Planning Permits. These canopy trees must be at least two metres tall when planted.

4.9 A minimum of 80% of all new vegetation (both canopy trees and understorey) be indigenous.







7. Prior to the occupation of the development, the development must be constructed in accordance with the Sustainable Design Assessment (identified as Sustainable Design Assessment, Application No. P/2011/6264, dated 04/04/2011, prepared by Mimi Choi of AAA Action Drafting Pty Ltd), to the satisfaction of the Responsible Authority.“

Tree Protection

8. All works, including excavation, within the critical root zone areas of the tree/s to be retained and other critical root zones on the land must be undertaken under the supervision of a qualified Arborist to ensure that there is no unreasonable damage to the root system of trees to be retained and/or protected, to the satisfaction of the Responsible Authority. Before the development starts, the owner must submit to the Responsible Authority details of the name of the Arborist who will supervise the works and the tasks to be undertaken by the Arborist, to the satisfaction of the Responsible Authority.

9. Prior to any works commencing on the site, all trees and vegetation to be retained including other critical root zones must be fenced off to create a protection zone. The protection zone must extend around the trees canopy drip-line unless an alternative tree protection zone has been approved by the responsible authority.

9.1 The fence is to be chain link or wire mesh, comprise either wooden or steel posts set into the ground or on concrete pads, and be a minimum height of 1.4 metres. Signage is to be affixed to the fence advising that the area is a tree protection zone and a no-go development area.

9.2 The fence and signage is to be maintained throughout the construction period and removed at the completion of all works.

9.3 No temporary removal of the fence or encroachment into the protection zone is permitted without the written consent of the responsible authority.



9.4 Prior to erecting the fence around the tree protection zone, all unwanted vegetation and weed species must be removed from within the zone, and the ground within the protection zone must be covered with a layer of well composted organic mulch (maximum 100mm depth). The area is to be watered at least fortnightly throughout the construction period.

10. The following activities are prohibited from the tree protection area, without the written consent of the responsible authority:

10.1 Construction activities.

10.2 Dumping and/or storage of materials, goods and/or soil.

10.3 Trenching or excavation.

10.4 Lopping branches, nailing or affixing signs, service lines, lights etc to the trees.

11. Prior to any works commencing on site, the Responsible Authority must be contacted to inspect the Tree Protection fencing.

General





16. Before the dwellings are occupied, driveways and carparking areas must be fully constructed in accordance with plans submitted to and approved by the Responsible Authority.

17. All driveway and carparking areas as shown on the endorsed plan must be fully constructed to the minimum standard of 100mm depth of reinforced concrete and properly formed to such levels that they can be used in accordance with the plans. Construction using any alternative hardstanding sealed surface is subject to detailed plans to be submitted to and approved by the Responsible Authority.




Fencing











21.7 noise



22. Should the development cause undue detriment to the amenity of the area then immediate remedial measures must be undertaken to address the issue as directed by, and to the satisfaction of, the Responsible Authority.



Permit Expiry





24. The crossover and driveway are to be constructed to the satisfaction of the Responsible Authority prior to the commencement of the use of the works hereby approved.

25. Prior to the commencement of the use of the works hereby approved, the access lanes, driveways, crossovers and associated works must be provided and available for use and be:

25.1 Formed to such levels and drained so that they can be used in accordance with the plan.

25.2 Treated with an all weather seal or some other durable surface.

26. Driveways must be maintained in a fit and proper state so as not to compromise the ability of vehicles to enter and exit the site in a safe manner or compromise operational efficiency of the road or public safety (e.g. by spilling gravel onto the roadway).

27. All disused or redundant vehicle crossings must be removed and the area including kerb and channel reinstated to the satisfaction of the Responsible Authority and at no cost to VicRoads, prior to the commencement of the use of the works hereby approved.

28. The levels of the footpaths must not be lowered or altered in any way to facilitate access to the site.



NOTES Drainage Notes (to be read in conjunction with the above drainage conditions): • All stormwater drainage runoff from the property shall be properly

collected in a complete and effective system of drains and connected to the Council pit at the South West corner of the property.

• The total Permissible Site Discharge for the property including all dwellings is 11.9 L/s to the existing Council drainage system for a 5 year ARI event.

• Tc = 41 minutes; Tso = 7 minutes • The Applicant is required to use Australian Height Datum (AHD) to

present levels in all future plans. Applicant must ensure that levels on the plan are accurate.





commenced. • Road opening permit must be obtained before development is


contribution may apply in the event of the subdivision of the land. • Indigenous plants can be purchased through approved indigenous




Recommendation (cont’d) • Raised concrete slabs on the existing footpath fronting the site

should be grounded. • All litter and rubbish associated with the construction must be

contained on site at all times.

COUNCIL RESOLUTION MOVED: CR. MORTIMORE SECONDED: CR. WALTER That the recommendation be adopted. CARRIED


SCOTT WARD

6.5 APPLICATION TO DEVELOP THE LAND FOR THREE (3) DOUBLE STOREY DWELLINGS AT 9 KIRRUM CLOSE, WANTIRNA SOUTH, Melway Ref. 72 K2 (Application No. P/2011/6032)

1. SUMMARY:

Land: 9 Kirrum Close, Wantirna South Applicant: Action Drafting Proposed Development: The development of the land for three

double storey dwellings Existing Land Use: Single Dwelling Area/Density: 1193m2 / 1:397 m2 Zoning: Residential 3 Zone Overlays: None Local Policy: Neighbourhood Character Policy

Housing Policy Application Received: 20 January 2011 Number of Objections: Seven (7) PCC Meeting: N/A Assessment:

An application for review of Council’s failure to make a decision within the prescribed timeframes of the Planning and Environment Act 1987 has been lodged with VCAT.

The proposal does not comply with the Housing Policy or Neighbourhood Character Policy.

There are significant areas of non-compliance with ResCode, and as a result detrimental amenity impacts to adjoining properties.

The proposal does not meet the Schedule to the Residential 3 Zone.

On balance it is considered that the proposal does not respond well to State and Local Planning Policies. It is recommended that if Council was in a position to decide upon the application within the statutory timeframes, Council would have issued a Notice of Decision to Refuse a Planning Permit.


6.5 9 Kirrum Close, Wantirna South (cont’d)

2. BACKGROUND



• The subject site is located at the north eastern bowl end of Kirrum Close in Wantirna South. The allotment is irregular in shape with a frontage of 12.4m, a depth of 64.47m and the overall site area is 1193sqm. A 3m wide easement abuts the rear (northern) boundary. The site is currently occupied by a single storey dwelling setback 4 metres from the frontage. Vehicular access is via an existing crossover off Kirrum Close adjacent to the south boundary. The land has fall of 1m to the west.

• Adjoining the southern boundary is a two storey dwelling setback 16.9 metres from the frontage, with a two storey dwelling setback 6.2 metres adjoining the eastern boundary. To the north are residential properties fronting Whiting Court, to the west residential properties front Reita Avenue. Surrounding development is characterised by single and two storey dwellings on larger allotments, with garages dominating the streetscape and neat front gardens.

• The site does not contain any significant vegetation.

2.2 The Proposal


The applicant proposes to remove the existing dwelling and construct three (3) double storey dwellings. Details are as follows:

• Dwelling 1 fronting Kirrum Close is setback 7.05 metres. Dwellings 2 and 3 and a double garage for each dwelling are located to the rear of Dwelling 1 in a tandem arrangement across the length of the site.

• The internal layout of the dwellings comprises ground level entry, open plan family/meals/kitchen area, four bedrooms, a bathroom and laundry. Private open space is located to the rear of the dwellings, on the northern side.

• The proposed dwellings will have a contemporary design with brick and render walls and a pitched Colorbond roof to the first floor.

• All vegetation will be removed to facilitate the development.

107 COUNCIL – CITY DEVELOPMENT 25 October 2011 6.5 9 Kirrum Close, Wantirna South (cont’d)

3. CONSULTATION

3.1 Advertising

The application was advertised by way of signs on the frontage of the site and notices were sent to adjoining property owners and occupiers. Seven (7) objections were received. The concerns raised in the objection and a response to these concerns are provided below:

Neighbourhood Character

• Appropriate medium density development is encouraged by both State and Local Planning Policy, subject to an appropriate site responsive design and no unreasonable amenity outcomes. Therefore, a careful assessment of the chosen design response is required against Council’s Neighbourhood Character Policy, Housing Policy and ResCode (see assessment below).

• The two storey height of the new dwelling at the front can be contemplated as it represents an appropriate transition from adjacent single and double storey development. Two storey development at the rear is more problematic and needs to be carefully considered as this can result in amenity impacts (see assessment below).

Sustainability

• The proposed dwellings achieve sustainable design measures including north facing private open space and living areas and eaves for solar protection. A Sustainable Design Assessment would be a requirement of any permit to issue.

Overlooking

• Consideration of both ground and first floor level windows is required. Details of boundary fence heights demonstrate consistent overlooking from the ground floor north facing habitable room windows and deck areas to all dwellings. The upper level windows are generally screened as required.


Traffic and parking

• Council’s Traffic Engineers have not identified any road capacity limitations that would preclude the development. All parking provision is in accordance with ResCode requirements, with each dwelling provided with a double garage and all vehicles able to exit in a forwards direction.

Walls on boundaries

• The extent of walls on boundaries complies with ResCode Standard B18; however compliance with the objective is not achieved. This is detailed in the assessment against Council’s Neighbourhood Character Policy and ResCode.

Disruption during construction

• Some disruption during construction is inevitable. Council’s standard amenity during construction condition would be a requirement of any permit to issue. Building and Local Laws regulations also cover this issue.

3.2 Referrals


Traffic Engineer


Drainage Engineer


ESD Officer

• An amended Sustainable Design Assessment must be submitted to Council for approval. This can be incorporated as a condition on any permit issued.


4. DISCUSSION



4.1.1 Zone

The subject site is located within a Residential 3 Zone. A permit is required pursuant to Clause 32.06-4 to construct two or more dwellings on a lot.

The Schedule to the Residential 3 Zone varies ResCode Standards B28 and B32, pertaining to private open space and front fences. To comply with the varied ResCode Standard B28, private open space must consist of an area of 60 m² with one part of the private open space to consist of secluded private open space at the side or rear of the dwelling with minimum area of 40m² and minimum dimension of 5 metres. The varied ResCode Standard B32 requires a permit for a front fence that exceeds 1.2 metres.

• Dwellings 1 and 2 meet the Schedule to the R3Z, with the dwellings provided with the required area and dimensions of secluded and private open space. The secluded private open space area for Dwelling 3 does not meet the minimum dimension of 5 metres. Considering the size of the site (larger than a typical housing allotment within Knox), and the substantial size of the dwelling, there is no justification to vary this requirement.

• There is no front fence.





Key Policies:


• The development proposes medium density housing in a dispersed residential location. The design is poorly conceived, particularly in respect to the double storey built form and does not meet preferred neighbourhood character themes (as discussed below).

Clause 15.02 Energy and Resource Efficiency – Ensure land use and development is consistent with the efficient use of energy and the minimisation of greenhouse gas emissions.

• The proposal contributes to the consolidation of urban development through the provision of increased density within an existing residential area. Dwellings are orientated to the north however improvement can be made to protecting north facing windows. Further, any approval would be subject to the submission of a Sustainable Design Assessment.








• The site is located within 530 metres walking distance of a bus stop on High Street, which is serviced by Bus Route No. 737 and 430 metres walking distance of a bus stop on Wallace Road, serviced by Bus Route No. 758.

• Bus Route 737 from Croydon Station via Knox City to Glen Waverley via Monash University operates at various intervals from 6.16am to 9.38pm Monday to Friday with peak times being half hourly. Saturday services run half hourly from 5.55am to 9.35pm. Sunday services operate from half hourly from 8.22am to 9.33pm.

• Bus Route No. 758 provides direct access between the Knox Shopping Centre and Knoxfield via Wallace Road, and operates between 9:12am and 6:16pm Monday to Friday at approximately 50 minute intervals.





• Whilst proximity to facilities is a characteristic which is desirable when considering new medium density development, it is not however a pre-requisite. Clause 22.10 recognises that well designed medium density housing consistent with neighbourhood character themes can also be contemplated on sites in more dispersed residential locations. However, the development fails to make a positive contribution to the desired neighbourhood character as described above and therefore cannot be justified.


Clause 22.07 Neighbourhood Character: Garden Court Character Precinct 4 – The desired future character of this area is for “Low scale dwellings set within an open landscape with, in some areas, occasional pockets of large native trees.” To retain the remnant indigenous and other native trees and encourage the new planting of large native trees.

• All existing vegetation is to be removed. Broader garden character matters are relevant and these have been considered. The particular design response chosen fails to maximise these landscape opportunities despite a relatively large overall site area.

• In particular, the siting of each dwellings secluded private open space area adjacent to existing easements with elevated deck areas to each dwelling leaves inadequate space to provide effective canopy tree planting on the site. This is a fundamental failing given the broader neighbourhood/garden character objectives.

To maintain the rhythm of spacing between dwellings.

• The building siting is such that there is minimal separation in between dwellings down the length of the site and as viewed from the streetscape. This results in a poor neighbourhood character response.

• Two storey construction at the rear needs to be treated cautiously given it can result in unreasonable neighbourhood character outcomes and amenity impacts on adjoining properties. Two storey dwellings can sometimes be accommodated on larger sites where substantial setbacks can be provided.

• The design response is such that the two storey form at the rear and down the length of the site with minimal separation between built forms will always be problematic in terms of the visual bulk impact on adjacent properties.

• The two storey form of Dwelling 3 at the rear also remains problematic despite compliance with Res Code setbacks. The siting of upper level built form at the rear of the site is contrary to neighbourhood themes and results in unreasonable visual bulk outcomes in a dispersed residential location.


• The significant 13.13m length of the ground level south boundary wall to Dwelling 3 contributes to the unreasonable bulk outcome.

• The result is a built form which is too close to adjacent private open space areas, dominant and contrary to established neighbourhood themes.


• The new two storey built form at the front is generally well setback from the street, consistent with neighbourhood themes.

• However, the extent of built form down the length of the site as described above remains problematic.


• A front garden appearance to Dwelling 1 is retained.

• All car storage is located to the rear of the dwellings to avoid dominating the streetscape.

To maintain the openness of front boundary treatments.

• No front fence is proposed.

Clause 22.10 Housing: Medium Density – The Housing Policy at Clause 22.10-1 recognises that the population of Knox will grow by 12,000 persons and 15,000 households over the 25 years to 2030.





• The proposal for three larger dwellings on smaller allotments would contribute to housing diversity. The dwellings provide smaller areas of open space, which are easier to maintain.


• The subject site is not located to take advantage of frequent public transport services between 6.00am and 11.00pm, daily, seven days a week.

The proposed development makes a positive contribution to the desired future neighbourhood character as identified at Clause 22.07 Neighbourhood Character Policy or an approved structure plan or urban design framework.

• Neighbourhood character is discussed above under Section 4.2.2 (Clause 22.07 Neighbourhood Character).


The proposal is not consistent with the provisions of Clause 55 of the Knox Planning Scheme, an assessment of the key criteria; including the areas of non compliance are considered below:


Neighbourhood Character – Does not comply, refer to Section 4.2.2 above.

Residential Policy – Does not comply, as discussed under Section 4.2. Infrastructure – Complies. Integration with the Street – Does not comply. Dwelling 1 has not been designed to be oriented and/or front Kirrum Close, with the entrance hidden from view and the ensuite addressing the street. This is a particularly poor outcome.



Street Setback – Does not comply with Standard, however complies with objective. Front setback is 7.05 metres at ground level and 9.4 metres at first floor level. Standard B6 requires a setback of 9 metres. Whilst the front setback is less than Standard B6 requires, it compares favourably to the existing front setback of 4 metres and is an appropriate transition between the two adjoining properties.

Building Height – Complies.

Site Cover/Permeability – Complies.

Energy Efficiency – Complies, however eaves are required to all north facing windows.

Safety – Does not comply, the entrance to Dwelling 1 is obscured and isolated from the street.

Landscaping – Does not comply, as insufficient areas for landscaping have been provided as discussed in Section 4.2.2. Nonetheless, a condition on any permit issued will require that appropriate landscape plans are submitted to the satisfaction of the Responsible Authority.

Access – Complies, however the width of the proposed driveway at the front title boundary must be reduced to a maximum 3 metres.

Parking provision and location – Complies.

Amenity Impacts

Side and rear setbacks – Complies with Standard, however does not comply with objective.

Setbacks are in accordance with Standard B17. Nonetheless, as described in Section 4.2.2, the extent of built form down the site, the siting of upper level built form at the rear and extent of boundary wall construction are all contrary to neighbourhood themes and results in unreasonable visual bulk outcomes.

Walls on boundaries – Complies with Standard, however does not comply with objective. All walls have an average height of 3m and extend for less than 10m plus 25% of remaining boundary length in accordance with Standard B18.

Nonetheless, as described in Section 4.2.2, the extent of boundary wall construction in conjunction with upper level built format the rear remains inconsistent with neighbourhood themes and results in unreasonable visual bulk outcomes.


Daylight to existing windows/north facing windows – Complies.

Overshadowing open space – Complies.

Overlooking – Does not comply. Consideration of both ground and first floor level windows is required. Details of boundary fence heights demonstrate consistent overlooking from the ground floor north facing habitable room windows and deck areas to adjoining dwellings. The upper level windows are generally screened as required.

Internal views – Complies.


Daylight to new windows – Complies.

Private Open Space – Does not comply. All dwellings will have secluded private open space of at least 60m2 in total, however the secluded private open space for Dwelling 3 does not provide at least 40m2 with a minimum dimension of at least 5 metres. This is poor given overall site area available and substantial size of the dwelling. Given deck areas proposed it also minimises effective landscape opportunities.

Solar access – Complies.

Storage – Complies.

Design detail – Complies. The design detail of the development will sufficiently respond to the preferred character of the neighbourhood notwithstanding the poor siting and amenity outcomes as described above.

Front fence – Complies.



5. CONCLUSION

Clause 11 of the Knox Planning Scheme requires Council to balance relative policy objectives when making decisions to ensure resulting development is sustainable and achieves a net community gain. In this context, the development is inappropriate given the following:

• The proposed development does not achieve a satisfactory design response, with significant areas of non-compliance with ResCode.


• The proposal is inconsistent with Neighbourhood Character objectives and will not result in an outcome that contributes to the preferred neighbourhood character detailed at Clause 22.07 of the Knox Planning Scheme.

• The proposal represents an overdevelopment of the land, with considerably off-site amenity impacts to adjoining properties.

6. CONFIDENTIALITY


RECOMMENDATION

That had Council made a decision in the prescribed timeframes of the Planning and Environment Act 1987, it would have issued a Notice of Decision to Refuse a Planning Permit to develop the land for three (3) double storey dwellings at 9 Kirrum Close, Wantirna South subject to the following grounds:

1. The proposal does not achieve a design response that complies with Clause 55 of the Knox Planning Scheme (ResCode), in particular Standards B1 (Neighbourhood Character), B5 (Integration with the Street), B12 (Safety), B13 (Landscaping), B17 (Side and Rear Setbacks), B18 (Walls on Boundaries), B22 (Overlooking) and B28 (Private Open Space).

2. The proposal does not comply with the Neighbourhood Character Policy (Clause 22.07) and Housing Policy (Clause 22.10) of the Knox Planning Scheme.

3. The proposal is an overdevelopment of the land, and will result in unreasonable amenity impacts to adjoining properties.

COUNCIL RESOLUTION MOVED: CR. MORTIMORE SECONDED: CR. COSSARI That the recommendation be adopted. CARRIED


DINSDALE WARD

6.6 APPLICATION TO DEVELOP THE LAND FOR SIX (6) DWELLINGS AT 14-16 JOHN STREET BAYSWATER, Melway Ref. 64 F5 (Application No. P2011/6256)

1. SUMMARY:

Land: 14-16 John Street, Bayswater Applicant: Archestral Designs Pty Ltd Proposed Development: Six (6) dwellings (two double storey and

four single storey) Existing Land Use: Two Single Dwellings Area/Density: 1987 m2 / 1:331m2 Zoning: Residential 3 Zone Overlays: No Overlays Local Policy: Neighbourhood Character Policy

Housing Policy Application Received: 7 April 2011 Number of Objections: 0 PCC Meeting: N/A Assessment:

The proposal has been assessed against the Neighbourhood Character Policy and ResCode and is considered to comply.

The intensity of the proposal is consistent with the Housing Policy and purpose of the Residential 3 Zone.

On balance it is considered that the proposal responds well to State and Local Planning Policies, and it is recommended that a Planning Permit be issued, subject to conditions.

2. BACKGROUND



• The subject site comprises two separate allotments on the western side of John Street in Bayswater. The combined land has an area of 1,987m2. Each allotment is developed with a single storey brick or weatherboard dwelling and detached garage, accessed via a single crossover on the southern side. Established gardens contain mature vegetation. There is one street tree within the road reserve abutting 14 John Street.

139 COUNCIL – CITY DEVELOPMENT 25 October 2011 6.6 14-16 John Street, Bayswater (cont’d)

• Surrounding properties are developed with single storey brick and weatherboard dwellings and established gardens. There is evidence of low scale, multi-dwelling development within the immediate area.

• The established gardens contain significant vegetation, including a Eucalyptus camaldulensis (Red River Gum) and Melia azedarach (Chinaberry). Other vegetation is mainly exotic including weed species.

2.2 The Proposal


The application proposes to construct six (6) dwellings (two (2) double storey and four (4) single storey). Details are as follows:

• The two dwellings fronting John Street are to be double storey, with the four dwellings to the rear single storey. Access to the four rear single storey dwellings is via a new double crossover and driveway in the centre of the site. The two front dwellings each have a double garage accessed directly from John Street.

• Dwellings 1, 3, 4 and 6 contain three bedrooms, while Dwellings 2 and 5 contain two bedrooms. Each dwelling is also provided with kitchen, dining/living rooms, bathroom and laundry and a single or double garage. Dwelling 4 is provided with a single garage and tandem car space.

• The dwellings are traditional with ground floor brickwork with rendered sections, weatherboard cladding to first floors and pitch tiled roofs. The colour palette incorporates browns and greys.

• It is proposed to retain the Eucalyptus camaldulensis (Red River Gum) and Melia azedarach (Chinaberry). All other vegetation is to be removed.

3. CONSULTATION

3.1 Advertising

The application was advertised by way of two signs on the site and notices were sent to adjoining property owners and occupiers.

No objections were received.


3.2 Referrals


Traffic Engineer

• There is an unsafe situation for vehicles to exit the garage of unit 6 while vehicles for units 2 – 5 may be entering. The applicant shall amend the plan such that the garage for unit 6 should be located on the northern boundary and vehicles enter and exit via a new separate driveway.

• Other standard conditions to be included on any permit issued.

Officer Response: The garage arrangement for Dwelling 6 is not expected to create an unsafe situation for vehicles entering and exiting the development. This is a common arrangement that is accepted at the Victorian Civil and Administrative Tribunal (VCAT). The location of the garage on the south side ensures the dwelling achieves northern solar access to private open space and living areas, which would not be possible with the garage on the northern side of the dwelling.

Drainage Engineer


Arborist

• The applicant undertook root investigation works to ensure that the retention of the Eucalyptus camaldulensis (Red River Gum) and Melia azedarach (Chinaberry) is feasible. A plan demonstrating the areas and amount of cut and fill was also submitted. Council’s Arborist is satisfied that these two trees can be retained as part of the proposed development.

• The Cotoneaster (Tree 4) and Acer negundo (Tree 2) are to be removed as they are weed species.

• The paved area within the private open space of Dwellings 3 and 4 to be timber decking. The deck to Dwelling 4 to be at least 1.5 metres from the tree.

• Tree protection requirements on any permit to issue.


Waste Management

• Waste Management will allow kerbside collection for this development.

4. DISCUSSION



4.1.1 Zone

The subject site is located within a Residential 3 Zone. A permit is required pursuant to Clause 32.06-4 to construct two or more dwellings on a lot.

The Schedule to the Residential 3 Zone varies ResCode Standards B28 and B32, pertaining to private open space and front fences. To comply with the varied ResCode Standard B28, private open space must consist of an area of 60 m² with one part of the private open space to consist of secluded private open space at the side or rear of the dwelling with minimum area of 40m² and minimum dimension of 5 metres. The varied ResCode Standard B32 requires a permit for a front fence that exceeds 1.2 metres.

• All the dwellings provide the minimum area of private and secluded private open space. Also, a minimum dimension of 5 metres is achieved for the secluded private open space for each dwelling.






Key Policies:

Clause 15 Built Environment and Heritage – Encourages high quality architecture and urban design outcomes that reflects the particular characteristics, aspirations and cultural identity of the community; enhances liveability, diversity, amenity and safety of the public realm; and promotes attractiveness of towns and cities within broader strategic contexts.

• The development combines modern and traditional elements to create visually interesting design outcome that will contribute positively to the neighbourhood and streetscape character. Generous setbacks to side boundaries, internal separation and landscaping within the front setback will ensure that the development contributes to the preferred neighbourhood character.

Clause 15.02 Energy and Resource Efficiency – Ensure land use and development is consistent with the efficient use of energy and the minimisation of greenhouse gas emissions.

• The proposal contributes to the consolidation of urban development through the provision of increased density, however is not located within walking distance to services and transport.

• All dwellings have northern solar access to living areas and private open space. A condition of any permit issued will require a Sustainable Design Assessment to be submitted.

Clause 16.01 Housing – Encourage the development of well-designed medium-density housing that respects the neighbourhood character; improves housing choice; makes better use of existing infrastructure; and, improves energy efficiency of housing.


• Housing choice – providing six dwellings on smaller lots increases housing choice.




Clause 18.01 Transport – Ensure that access is provided to all available modes of transport.

• The site is located within 800 metres walking distance of the Bayswater Railway Station and Station Street bus stops servicing Bus Routes No. 664, 691, 745D and 753.

• Bus route 664 from Chirnside Park – Knox City via Croydon and Bayswater operates at various intervals from 5.55am to 9.40pm Monday to Friday with peak times being 20 minute intervals. Saturday services between 20 minutes to 1 hour intervals from 7.30am to 10.20pm. Sunday services operate hourly from 8.10am to 9.40pm.

• Bus route 691 from Boronia - Waverley Gardens via Ferntree Gully and Stud Park, operates at various intervals from 6.16am to 9.38pm Monday to Friday with peak times being half hourly. Saturday services run half hourly from 5.55am to 9.35pm. Sunday services operate from half hourly from 8.22am to 9.33pm.

• Route No. 745D from Knox City – Bayswater via Wantirna Primary School operates between 2.46pm and 8:40pm Monday to Friday at approximately 2 hourly intervals.

• Bus route 753 from Glen Waverley – Bayswater via Wheelers Hill, Knoxfield and Boronia, operates from 6.23am to 9.43pm Monday to Friday at 25 minute intervals. Saturday services run hourly from 7.155am to 9.52pm. Sunday services operate hourly from 8.54am to 9.22pm.

• The Belgrave/Lilydale train line connects Belgrave Railway Station to the Melbourne CBD. Services on a Monday to Friday operate from 5.26am to 2.14am with peak hour internals of 15 minutes. Saturday services run every 20 minutes from 4.49am to 2.14am. Sunday services operate from half hourly from 7.26am to 12.44am.




• The site is located within a dispersed residential area and not located in close proximity to an activity centre. However, the proposal is considered to be an appropriate development for the site as evidenced by a high compliance with Council’s preferred Neighbourhood Character Policy (Clause 22.07 see below) and minimal impacts on the amenity of adjoining properties. Therefore it is considered to be consistent with the requirements of the MSS.

Clause 22.07 Neighbourhood Character: Garden Suburban Character Precinct 2 – The desired future character of this area is for “low scale dwellings set within an open landscape with occasional large native trees and in some precincts large stands of native trees”.

The key design objectives are:

To retain the tall trees.

• Two trees will be retained, a Eucalyptus camaldulensis (Red River Gum) and a Melia azedarach (Chinaberry). There is also adequate opportunity for planting of canopy trees within the front setback.

To maintain the continuity of garden character between dwellings.

• The design has ensured separation between dwellings and generous setbacks to boundaries. Landscaping can be achieved along the driveway. The single storey built form to the rear assists with maintaining the garden character.


• The substantial front setback area will allow for the planting and establishment of larger trees and vegetation. The dwellings include traditional elements commonly found in residential areas, which will contribute to the streetscape character of John Street.


• The front setback area will allow for additional landscaping opportunities. Garages that front the street are setback behind the line of the dwelling, or to the rear of the site.




Before deciding on an application, the responsible authority will consider, as appropriate, whether. The proposed development will contribute to a diversity of housing in Knox.

• The proposed dwellings will provide a smaller, compact dwelling that will contribute to housing diversity.


• The subject site is not located to take advantage of frequent public transport services between 6.00am and 11.00pm, daily, seven days a week.

The proposed development makes a positive contribution to the desired future neighbourhood character as identified at Clause 22.07 Neighbourhood Character Policy or an approved structure plan or urban design framework.

• Neighbourhood character is discussed above under Section 4.2.2 (Clause 22.07 Neighbourhood Character).


The proposal generally does not comply with Clause 55 of the Knox Planning Scheme. An assessment of the key criteria; including the areas of non compliance are considered below:


Neighbourhood Character – Complies, refer to Section 4.2.2 above.

Integration with the Street – Complies.



Street Setback – Complies.


Site Cover/Permeability – Complies.

Energy Efficiency – Complies.

Safety – Complies.

Landscaping – Complies. A condition on any issued permit will require that appropriate landscape plans are submitted to the satisfaction of the Responsible Authority.

Access – Complies.

Parking Provision and Location – Complies.

Amenity Impacts

Side and Rear Setbacks – Complies.

Walls on Boundaries – Complies.

Daylight to existing windows/North facing windows – Complies.

Overshadowing Open Space – Complies. Overlooking – Complies, subject to a condition for a new 1.95 metre high fence along the northern boundary (consistent with the southern and western boundaries).

Internal Views – Complies.


Daylight to New Windows – Complies.

Private Open Space – Complies.

Dwelling Entry – Complies.

Solar Access – Complies.

Storage – Complies.

Front Fence – Complies.

Design Detail – Complies.


5. CONCLUSION


• The proposed development is generally consistent with the Housing Policy. As discussed above, the site is not located within an activity centre, however it is considered to be a low key development appropriate within a dispersed residential area, with minimal impacts on adjoining amenity.

• The development is consistent with the Neighbourhood Character Policy with the proposed dwellings considered to be appropriate in built form and scale, adequately separated with areas allowing for additional landscaping between dwellings and adjoining boundaries, within the frontage and along the common driveway area. Mature vegetation will be retained and weed species removed.

• The proposal achieves a high level of compliance with ResCode subject to changes that will be conditioned on any permit issued.

6. CONFIDENTIALITY


RECOMMENDATION

That Council issue a Planning Permit to develop the land for six (6) dwellings at 14-16 John Street, Bayswater, subject to the following conditions:

Amended plans


1.1 A new 1.95 metre high timber paling fence along the northern boundary.

1.2 The reversing bay to be marked ‘no parking’.



1.3 The tandem car park for Dwelling 4 to be 5.4 metres long, with appropriate linemarking and delineation.

1.4 The fencing surrounding the secluded private open space for Dwellings 1 and 6 (visible from the street) to be designed to complement the style of the dwellings (not timber paling).

1.5 The provision of a clothesline in suitable location within the private open space area for Dwelling 6.

1.6 The combined electricity supply meter box/letter box structure for Dwellings 2, 3, 4 and 5 relocated outside of the driveway sight line splay area (or to have a maximum height of 900mm).

1.7 Tree No. 2 and Tree No. 4 to be removed.

1.8 The paved area within the private open space of Dwellings 3 and 4 modified to timber decking. The deck to Dwelling 4 to be at least 1.5 metres clear of the trunk of Tree No. 12.

1.9 Drainage Plans in accordance with Condition 2 of this permit.

1.10 Landscape Plans in accordance with Condition 4 of this permit.

1.11 A Sustainable Design Assessment in accordance with Condition 7 of this permit.


Drainage plans











3. Stormwater runoff from all buildings and hardstanding surfaces shall be properly collected and discharged in a complete and effective system of drains within the property and shall not cause or create a nuisance to abutting properties.

Landscape plans
















8. Prior to the occupation of the development, the development must be constructed in accordance with the Sustainable Design Assessment to the satisfaction of the Responsible Authority.

General







13. All walls to be built on the adjoining property boundary must be cleaned and finished to the satisfaction of the Responsible Authority.




16. The electricity meter boxes and letter boxes shall be constructed to a maximum height of 900mm or relocated clear of a splayed area near the access way in accordance with AS 2890.1, Clause 3.2.4 to ensure safe sight distances.

17. Visitor parking shall be adequately linemarked, signed or paved, and maintained to the satisfaction of the responsible authority.

Fencing



20. All fences and landscaping near accessways shall be splayed, reduced in height or visually permeable to ensure safe sight lines in accordance with AS2890.1, Clause 3.2.4.



Tree Protection



The fence is to be chain link or wire mesh, comprise either wooden or steel posts set into the ground or on concrete pads, and be a minimum height of 1.4 metres. Signage is to be affixed to the fence advising that the area is a tree protection zone and a no-go development area.

The fence and signage is to be maintained throughout the construction period and removed at the completion of all works.

No temporary removal of the fence or encroachment into the protection zone is permitted without the written consent of the responsible authority.

23. Prior to erecting the fence around the tree protection zone, all unwanted vegetation and weed species must be removed from within the zone, and the ground within the protection zone must be covered with a layer of well composted organic mulch (maximum 100mm depth). The area is to be watered at least fortnightly throughout the construction period.

24. The following activities are prohibited from the tree protection area, without the written consent of the responsible authority: • Construction activities. • Dumping and/or storage of materials, goods and/or soil. • Trenching or excavation. • Lopping branches, nailing or affixing signs, service lines, lights

etc to the trees.



25 Prior to any works commencing on site, the Responsible Authority must be contacted to inspect the Tree Protection fencing.



26.1 the appearance of building, works or materials on the land 26.2 parking of motor vehicles 26.3 transporting of materials or goods to or from the site 26.4 hours of operation 26.5 stockpiling of top soil or fill materials 26.6 air borne dust emanating from the site 26.7 noise 26.8 rubbish and litter 26.9 sediment runoff


Permit Expiry

27. This permit will expire if one of the following circumstances applies: (i) The development is not started within two years of the date of

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

date of this permit.



Recommendation (cont’d) NOTES

Drainage Notes (to be read in conjunction with the above drainage conditions): • Applicant shall engage a certified Engineering Consultant to

analyse the site’s existing drainage to determine type and size of the Onsite Detention (OSD) system. This shall be designed in accordance with the Knox City Council (Responsible Authority) Stormwater Drainage Guidelines, (copy available on request), and approved drainage design methods specified in the current edition of Australian Rainfall and Runoff. It should be located preferably in a common area to the dwellings, and be easily accessible for maintenance.

• Applicant is to direct all stormwater to the 300mm diameter drain to the front of the property as this represents the Legal Point of Discharge (LPD) for the property. Applicant is to verify this on site. Connect all stormwater discharge from the site to the LPD via an Onsite Detention (OSD) system. The internal drains for the dwellings are to be independent of each other (TC = 46 mins, TSO = 28 mins, Total Permissible Site Discharge = 7.3 L/s).


Drainage works in the Road reserve or in the Council easement will

require a road opening permit. • Drainage system designed so as to avoid impact on any vegetation

shown on the endorsed plans as being retained. • Water Sensitive Urban Design (WSUD) should be addressed as part

of this development, e.g. water storage tanks, swale drains, etc.




contribution may apply in the event of the subdivision of the land.





• Internal public lighting shall be provided to the satisfaction of the relevant authority and in accordance with AS1158. This would generally be low height or bollard type lighting to avoid spill-over into adjacent properties. It may be sensor activated, to avoid all night running costs.



COUNCIL RESOLUTION MOVED: CR. GILL SECONDED: CR. PEARCE

That Council issue a Refusal to Grant a Planning Permit for the development of six (6) dwellings at 14 - 16 John Street, Bayswater on the following grounds:

1. The proposed development is not within the Bayswater Activity Centre.

2. The proposed development is inconsistent with the direction of Clause 22.10 (Housing Policy).

3. The proposed development will result in unreasonable amenity impacts on adjoining properties.

CARRIED

167 COUNCIL – CITY DEVELOPMENT 25 October 2011 PURSUANT TO SECTION 79 OF THE LOCAL GOVERNMENT ACT 1989 (THE ACT), COUNCILLOR PEARCE DECLARED AN INDIRECT INTEREST PURSUANT TO SECTION 78B OF THE ACT 1989 IN ITEM 6.7 ON THE GROUNDS THAT HE IS A DIRECTOR OF A COMPANY OWNING PROPERTY AND HAS TRADING ACTIVITIES IN STATION STREET. COUNCILLOR PEARCE VACATED THE CHAMBER AT 7.46PM PRIOR TO DISCUSSION ON ITEM 6.7

DOBSON WARD

6.7 APPLICATION TO DEVELOP THE LAND FOR EIGHT (8) DOUBLE STOREY DWELLINGS 26 STATION STREET, FERNTREE GULLY, Melway Ref. 74 C3 (Application No. P/2011/6260)

1. SUMMARY:

Land: 26 Station Street, Ferntree Gully Applicant: Adrian Atkins and Associates Proposed Development: The development of the land for eight

double storey dwellings Existing Land Use: Vacant office Area/Density: 1,441m2 / 1:180m2 Zoning: Business 5 Zone Overlays: Vegetation Protection Overlay

(Schedule 3) Local Policy: Neighbourhood Character Policy

Housing Policy Dandenong Foothills

Application Received: 5 April 2011 Number of Objections: Eight (8) PCC Meeting: N/A Assessment:

The proposal generally complies with the Housing Policy, Neighbourhood Character Policy and Dandenong Foothills Policy.

The proposal complies with the Business 5 Zone and subject to changes via conditions on any permit issued, complies with the provisions of Clause 55 (ResCode).

On balance it is considered that the proposal responds well to State and Local Planning Policies, subject to modifications. The site is within a neighbourhood activity centre with good access to retail, transport and community services. This is a large site capable of absorbing eight dwellings whilst making a positive contribution to the character of the area. It is recommended that Council issue a Notice of Decision to Grant a Planning Permit, subject to conditions.

168 COUNCIL – CITY DEVELOPMENT 25 October 2011 6.7 26 Station Street, Ferntree Gully (cont’d)

2. BACKGROUND



• The subject site is located on the eastern side of Station Street in Ferntree Gully. The site is irregular with an area of 1,441m2. It contains a vacant single storey office building with associated car parking. The site has a slight fall of approximately 1 metre from the northern boundary to the southern boundary of the site with vehicle access via the existing crossover located in the southwest corner of the site. The site is encumbered with a 2.5 metre wide easement along the eastern (rear) boundary.

• The site is located on the peripheral of the Ferntree Gully Shopping Precinct, which provides a range of urban services to the wider area. The surrounding area is characterised by single or double storey dwellings with large front setbacks to the south and west and retail/commercial uses to the north. The site is located approximately 300 metres from the Ferntree Gully Train Station.

• There are no significant trees on the site. All vegetation is to be removed to facilitate the development.

2.2 The Proposal


The applicant proposes to construct eight (8) double storey dwellings on the land. Details are as follows:

• The existing office building to be removed.

• Each dwelling contains 2 bedrooms (except for Dwelling 5 which contains 3 bedrooms), living, meals and kitchen areas and amenities. Dwellings 1 – 3 and 6 – 8 will have living areas and balconies at the first floor with Dwellings 4 and 5 providing ground open space areas.

• Dwellings 1, 2, 7 and 8 are constructed as a duplex and will front Station Street with a 4.1 to 6.6 metre setback. Dwellings 3 to 6 will be constructed behind Dwellings 1, 2, 7 and 8 with all dwellings having shared vehicle access via a new centrally located crossover and driveway. The dwellings are to be constructed in a mixture of brick, rendered face brick and timber cladding with flat Colorbond roofs of a contemporary design.


• All vegetation on the site is proposed to be removed to facilitate development.

3. CONSULTATION

3.1 Advertising

The application was advertised by way of a sign on the site and notices were sent to adjoining property owners and occupiers. A total of eight (8) objections were received. The concerns raised in the objection and a response to these concerns are provided below:

Car parking and traffic

• Car parking has been provided at ratios consistent with the Parking Provision Standard of ResCode. Subject to modifications to the width and length of garages 5 and 8, car parking is considered to be adequately catered for in the proposed design. Further, the proposed development will not cause an unreasonable increase in traffic flows within the local street network.

Noise

• The site is located on peripheral of a business and residential area where associated noise is a common feature of built up areas. The development will not result in an unreasonable increase in residential noise. Standard construction amenity conditions should be placed on any permit issued.

Drainage

• A condition on any permit will require a drainage plan to be submitted to the satisfaction of the Responsible Authority.

Vegetation

• Councils Arborist has assessed all vegetation on the land and notes that the site does not contain any significant vegetation. Tree Root Investigations are required for the Callistemon citrinus and the Melaleuca linariifolia located on the northern boundary of the neighbour’s property to the south (No. 1/24 Station Street), approximately 1.5 and 3.5 metres south of bedroom 1 of Dwelling 8. Further, a condition on any permit will require a landscaping plan to be submitted to the satisfaction of the Responsible Authority.


6.7 26 Station Street, Ferntree Gully (cont’d)

Neighbourhood Character

• The two-storey height of the new dwellings can be contemplated as it represents an appropriate transition from adjacent single storey development.

• Two storey developments is commonplace in the broader neighbourhood, with the neighbouring property developed by 3, two storey dwellings. The upper levels of the proposed dwellings are articulated with a mix of building materials to minimise visual bulk to adjoining private open space areas. Adequate opportunities for additional landscaping are provided within the design, which will maintain and enhance the landscape character of the area. The proposed development is considered to be consistent with the design objectives of the Garden Suburban Character precinct. Refer to section 4.2.2 of this report.

Daylighting and overshadowing

• While not a mandatory tool for the assessment of the proposal, ResCode Standard B21 requires 40m2 with a minimum dimension of 3 metres of the Secluded Private Open Space (SPOS) area of adjoining dwellings to receive at least 5 hours of sunlight between 9am and 3pm. The dwellings SPOS to the south (No.2/24 Station Street) will receive less than 5 hours of sunlight. The variation of this Standard is considered to be acceptable as portions of the SPOS area are not located in shadows caused by Dwelling 8 between 9am and 3pm. Further, the period just after 1pm highlights that shadows cast over the SPOS area are less than 75% of the SPOS area, which is considered consistent with ResCode Standard B21.

• Windows will receive adequate access to daylight in accordance with ResCode Standards B19 and B20.

Overlooking into adjoining properties

• A condition on any permit will require new fencing along the eastern and northern boundaries to a height of 1.8 metres. Further, all habitable room windows at the upper levels for all dwellings, except for windows of Dwellings 1, 2, 7 and 8 facing Station Street (western elevation), must have fixed external screening to a height of 1700mm above finished floor level. Balconies of Dwellings 2, 3, 4 and 5 must provide fixed external screening to a height of 1700mm above finished floor level with a maximum of 25% transparency.


3.2 Referrals


Traffic Engineer

• Garages for Dwellings 5 and 8 must scale at 3.5 metres wide and 6 metre in length.

• Bicycle parking located along the eastern (rear) boundary for residents should be removed. There are areas within each Dwelling that can accommodate the storage of bicycle parking.

• The communal crossover should be 5 metres wide with the driveway 5 metres wide for the first 7 metres of the frontage.


Officer Response: The requirement to provide a double width crossover is not practical given the constraints of the site. Further, a condition on any permit will require landscaping along the driveway to be low scale to ensure safe sightlines within and along the shared driveway.

Drainage Engineer


Arborist

• Tree Root Investigations are required for the Callistemon citrinus and the Melaleuca linariifolia located on the northern boundary of the neighbour’s property to the south (No. 1/24 Station Street), approximately 1.5 and 3.5 metres south of bedroom 1 of Dwelling 8. Alternative methods of construction or modifications to the design maybe required.

City Strategy

• No objections, the Housing Policy at Clause 22.05 encourages medium density housing in larger neighbourhood centres such as Ferntree Gully.


Waste Services

• A Waste Management Plan detailing the private waste collection arrangements must be submitted for approval.

4. DISCUSSION



4.1.1 Zone The site is located within the Business 5 Zone (B5Z). The purpose of the Business 5 Zone is to encourage the development of offices or multi-dwelling units with common access from the street. Within the B5Z a Planning Permit is required for buildings and works. The proposal is considered consistent with the Decision Guidelines of the B5Z in terms of the following:

• The site is located within approximately 300 metres of the Ferntree Gully Train Station and Bus Routes 691 and 693 along Station Street.

• The site is located at the edge of the Business Zone adjacent to the Residential Zone, and the proposal for 8 Dwellings is considered to be an appropriate transition between the retail/commercial uses to the north and the residential areas to the south and west.

• Visitor bicycle parking is provided within the front setback of the development. Additional bicycle storage can be accommodated within the storage areas of each dwelling. A condition on any permit issued will require the proposed resident bicycle parking at the rear of the site to be removed, as access to this area is impractical and obstructed by vehicles parked within the visitor car space.

• Each dwelling is provided with car parking spaces in accordance with ResCode Standard B16 subject to a condition on any permit requiring garages for Dwellings 5 and 8 to scale 3.5 metres wide and 6 metres in length. Further one visitor car parking space is provided at the rear of the site, which is considered to be convenient and accessible for all visitors.


• A waste management plan will be a condition on any permit issued.

• The development responds appropriately to the Garden Suburban Character. Refer to section 4.2.2 of this report for details.

• The Decision Guidelines of the Business 5 Zone state that the requirements of Clause 55 (ResCode) can form part of the assessment however ResCode Standards are not a mandatory tool for the assessment of the proposal. The proposal generally complies with the relevant provisions of Clause 55 (ResCode). Refer to section 4.3 of this report for details.

4.1.2 Overlays Vegetation Protection Overlay, Schedule 3 (VPO3) seeks to preserve remnant overstorey vegetation and requires the issue of a permit for the removal of large native trees greater than 8 metres in height and with a trunk diameter of 300mm or more.

• Of the trees proposed to be removed, none trigger the need for a planning permit under the VPO3. Refer to Arborist comments for details.




Key Policies:



Context

• The Housing Policy at Clause 22.05 encourages medium density housing in neighbourhood centres such as Ferntree Gully. The design of the development will make a positive contribution to the streetscape, with built form considered to be appropriate in form and scale.

Public Realm

• The development provides clear pedestrian links with a common driveway centrally located within the site and visitor bicycle parking within the front setback. Entrances to each dwelling are recognisable and well defined with an entry porch. Dwellings 3 to 6 have entrances and habitable room windows orientated along the driveway, which provide passive surveillance to the communal areas.

Safety

• As highlighted above, entrances of Dwellings 3 to 6 are orientated along the driveway, which provides passive surveillance to the communal areas. Balcony areas for Dwellings 5 and 6 are also orientated along the shared driveway.

Landmarks View and Vistas

• The building form of two storeys with a maximum height 7.2 metres is consistent with Clause 22.01 Dandenong Foothills Policy, which nominates a preferred building height of 7.5 metres. The design of the dwellings proposes transitional building heights with upper levels well articulated to minimise impacts of views to and from the Dandenong Foothills.

Pedestrian Spaces

• The common driveway is 3.5 metres, which provides safe pedestrian access to and from the dwellings. Further, the design incorporates visitor bicycle parking within the front setback to encourage alternative modes of transportation.


6.7 26 Station Street, Ferntree Gully (cont’d)

Heritage

• N/a.

Consolidation of sites and empty sites.

• N/a.

Light and Shade

• The shared driveway and pedestrian access is centrally located within the site and will receive sufficient daylighting and solar access.

Energy and Resource Efficiency

• A Sustainable Design Assessment will be a condition on any permit issued.

Architectural Quality

• The proposed development incorporates contemporary style architecture with a range of building form and mix of materials to add visual interest.

Landscape Architecture

• The design of the building incorporates adequate setbacks to ensure additional landscaping can be established on the site.

• Further, provision is made for additional landscaping within the front setback and within the shared driveway area to maintain and enhance the landscape character of the area. Should a permit be issued, a landscaping plan will be required to the satisfaction of the Responsible Authority.


• The proposal contributes to the consolidation of urban development through the provision of increased density within an existing urban area within reasonable distance to services and transport. A Sustainable Design Assessment will be required as a condition of any permit issued.








• The site is located within 250 metres walking distance of a bus stop on Station Street, which is serviced by Bus Routes No. 691, 693 and 755 and within 510 metres walking distance of a bus stop on Burwood Highway, which is serviced by Bus Route 732. The Ferntree Gully Train Station is located 330 metres walking distance to the north.

• Bus route 691 from Boronia - Waverley Gardens via Ferntree Gully and Stud Park, operates at various intervals from 6.16am to 9.38pm Monday to Friday with peak times being half hourly. Saturday services run half hourly from 5.55am to 9.35pm. Sunday services operate from half hourly from 8.22am to 9.33pm.

• Route No. 693 from Belgrave - Oakleigh via Ferntree Gully and Brandon Park, operates between 5:42am and 9:14pm Monday to Friday at approximately 25 minute intervals; between 7:50am and 9:30pm on Saturdays at 60 minute intervals and; between 8:54am and 9pm on Sundays at 60 minute intervals.


• The 732 bus route has a direct service between Upper Ferntree Gully and Box Hill Train Station via Knox City and Vermont Activity Centres. The service operates between 4.52am and 1.08am Monday to Friday at 10-25 minute intervals; between 4.57am and 1.12am Saturday at 1 hour intervals; and, between 6.45am and 12.54am Sunday at 1 hour intervals.

• The 755 bus route operates a direct service between Bayswater and Knox City Activity Centres, via Boronia, Ferntree Gully and Mountain Gate Activity Centres. This service operates between 5:53am and 8:54pm Monday to Friday at 38 minute intervals and between 7:51am and 8:52pm on Saturdays at hourly intervals.

• The site is within 300 metres walking distance of the Ferntree Gully Railway Station. The rail service operates from 4:38am to 12:20am on weekdays at 17 minute to 44 minute intervals; between 4:13am and 12:20am the following day on Saturdays at 28 minute to 44 minute intervals; and between 7:03am to 11:43pm on Sundays at 30 minute to 40 minute intervals.



• The site is located within a Neighbourhood Activity Centre where infill medium density housing is encouraged.



• The land is located within a nominated Neighbourhood Activity Centre and the proposal achieves a high compliance with the design objectives of the Garden Suburban Character and therefore is considered to be consistent with the requirements of the MSS.

• An assessment against Council’s preferred Neighbourhood Character Policy (Clause 22.07) is below, however it should be noted that this is a large site capable of absorbing eight dwellings whilst making a positive contribution to the character of the area.

Clause 22.01 Dandenong Foothills: Lower Slope and Valley Area – The objectives of the Dandenong Foothills policy are to ensure that the design and siting of buildings, works and landscaping protects and enhances the visual dominance of vegetation, including canopy trees and native understorey plants. It is policy that: There is a continuous vegetation canopy across residential lots and roads.

• The development provides adequate areas for the establishment of additional landscaping which will maintain and enhance the landscape character of the area.

Development blends with vegetation on the hillsides to maintain and enhance the appearance of the area as an extension of the Dandenong Ranges National Park.

• The proposed colours are considered to be inconsistent with the Dandenong Foothill’s Policy and a condition on any permit will require the colours of the materials to be muted tones of green or brown to the satisfaction of the Responsible Authority.

Development does not rise above the tree canopy height to maintain the significant landscape character of the area and near and distant view lines.

• The maximum building height of the Dwellings will be 7.2 metres, which is below the preferred building height of 7.5 metres. Further, a landscaping plan will be a condition on any permit issued requiring additional canopy trees to be established within the development.


Indigenous trees and understorey vegetation be retained and protected.

• The site does not contain any significant vegetation; however a condition on any permit issued will require tree root investigations for the two neighbour’s trees to the south of Dwelling 8. Refer to Arborist comments above.

A minimum of 80% of all new vegetation (both canopy trees and understorey) be indigenous.

• A condition on any permit will require the development to provide a minimum of 80% indigenous vegetation.

Building height does not exceed 7.5 metres.

• As highlighted above, the maximum building height of the dwellings will be 7.2 metres, which is below the preferred building height of 7.5 metres.

Clause 22.07 Neighbourhood Character: Garden Suburban Character Precinct 5 – The desired future character of this area is for “Low scale dwellings set within an open landscape with occasional large native trees and in some precincts large stands of native trees”. To retain the tall trees.

• The site does not contain any significant vegetation and a landscaping plan will be a condition on permit issued. Further, tree root investigations are required for the two trees located on the neighbour’s property to the south.


• Open space areas for Dwellings 4 and 5 and the front setback of Dwellings 1, 2 7 and 8 have been provided for additional landscaping.

• Further, landscaping areas have been provided along the shared driveway to break up built form and allow vegetation to frame the dwellings.



• The proposed front setbacks of Dwellings 1,2,7 and 8 are not compliant with ResCode Standard B6 however ResCode Standards are not mandatory as the site is located within the Business 5 Zone. The proposed front setbacks are considered to be respectful of the prevailing neighbourhood character in terms of providing additional landscaping, including the establishment of canopy trees, within the front setback, which will maintain and enhance the landscape character of the area. The two storey built form is not considered to dominate the Station Street streetscape with upper level walls articulated, incorporation of balconies and a mix of building materials assist in breaking up the upper level bulk of the dwellings.


• All garages are located to the rear and sides of all dwellings.





• The proposed dwellings provide smaller living choices with 2 and 3 bedrooms for a range of households. The dwellings also provide smaller areas of open space, which are easier to maintain.




The proposed development is consistent with a relevant approved structure plan or urban design framework.

• The site is located within the Ferntree Gully Village, which is identified in Clause 22.10 (Housing) as being a neighbourhood centre, which encourages infill medium density housing.

The proposed development makes a positive contribution to the desired future neighbourhood character as identified at Clause 22.07 Neighbourhood Character policy or an approved structure plan or urban design framework.

• The proposed development achieves a high compliance with the design objectives of the Garden Suburban Character in terms of landscaping to maintain the landscape character of the area, minimising dominance of the dwellings to the streetscape with varying front setbacks, articulated walls at the upper level and providing car parking facilities which are located to the rear or sides of the dwellings.

The proposed development respects the environmental and landscape significance of the Dandenong Foothills as identified at Clause 22.01 Dandenong Foothills policy.

• The proposed development is considered respectful to the environmental and landscape significance of the Dandenong Foothills with a maximum building height of 7.2 metres, which is below the preferred building height of 7.5 metres. A condition on any permit will require the proposed colours of materials to be muted tones of green or brown.



As highlighted above, the provisions of Clause 55 (ResCode) are not mandatory for the assessment of the proposal as the site is located within the Business 5 Zone. The decision Guidelines of the Business 5 Zone state that the requirements of Clause 55 can form part of the assessment of the proposal. Furthermore, it is considered that the proposal generally complies with the provisions of Clause 55 of the Knox Planning Scheme. Please refer to the assessment below:


Neighbourhood Character – Complies, refer to Section 4.2.2 above.


Street Setback – Non compliance, the proposed front setbacks of Dwellings 1,2,7 and 8 are not compliant with ResCode Standard B6 however ResCode Standards are not mandatory as the site is located within the Business 5 Zone. The proposed front setbacks are considered to be respectful of the prevailing neighbourhood character in terms of providing additional landscaping, including the establishment of canopy trees, within the front setback, which will maintain and enhance the landscape character of the area.


Site Cover/permeability – Complies.

Energy Efficiency – Complies. A Sustainable Design Assessment will be required as a condition of any permit issued.

Landscaping – Complies. A condition on any permit issued will require that appropriate landscape plans are submitted to the satisfaction of the Responsible Authority.

Access – Non compliance, habitable room windows of Dwellings 1, 3, 5, 6 and 7 are located less than 1 metre from the shared driveway. The variation of Standard B15 is considered appropriate with Dwellings 1, 3, 6 and 7 slightly encroaching into the 1 metre setback by 100mm. Further, Dwelling 5 is located towards the rear of the site with one habitable room window orientated to the driveway. It is considered that amenity impacts such as noise are minimal given the siting of the dwelling on the land compared to dwellings fronting Station Street.


Parking provision and location – Complies, subject to minor modifications suggested by Council’s Traffic Engineers (to be included as conditions on any permit issued).

Amenity Impacts

Side and rear setbacks – Non compliance, walls of Dwellings 2 and 4 encroach into the standard side setbacks. The encroachment is considered to be acceptable as Dwellings 2 and 4 are located on the northern boundary where overshadowing impacts are minimal. Further, upper level walls are articulated with the development providing for a mix of materials to break up building form.

Walls on boundaries – Complies, a standard condition on any permit issued will require walls on boundaries of adjoining properties to be cleaned and finished to the satisfaction of the Responsible Authority.

Daylight to existing windows/north facing windows – Complies.

Overshadowing open space – Non compliance, 40 square metres with a minimum dimension of 3 metres of the SPOS area of the adjoining dwelling to the south (No.2/24 Station Street) will receive less than 5 hours of sunlight. The variation of the Standard is considered to be acceptable with portions of the SPOS area not located in shadows caused by Dwelling 8 between 9am and 3pm. Further, the period just after 1pm highlights that shadows cast over the SPOS area are less than 75% which is considered consistent with the ResCode Standard.

Overlooking – Non compliance, a condition on any permit will require new fencing along the eastern and northern boundaries to a height of 1.8 metres. Further, all habitable room windows at the upper levels for all dwellings, except for windows of Dwellings 1, 2, 7 and 8 facing Station Street (western elevation), must have fixed external screening to a height of 1700mm above finished floor level. Balconies of Dwellings 2, 3, 4 and 5 must provide fixed external screening to a height of 1700mm above finished floor level with a maximum of 25% transparency.

Internal views – Non Compliance, as highlighted above, a condition on any permit will require all habitable room windows at the upper levels for all dwellings (except for windows facing Station Street), to have fixed external screening to a height of 1700mm above finished floor level.



Daylight to new windows – Complies.

Private Open Space – Non compliance, balconies of Dwellings 1,2,3,6,7 and 8 have areas greater than 8 m2 however the width is less than the required 1.6 metres. The variation to the standard is considered acceptable as the balconies have direct access to the living areas of these dwellings and additional open space areas at ground level.

Solar access – Complies.

Storage – Non compliance, a storage area in accordance with Standard B30 must be provided for Dwelling 8. Further, a note on any permit issued will require Build Over Easement consent for the storage shed of Dwelling 4.

Front fence – Complies.



5. CONCLUSION


• The proposed development is generally consistent with the Housing Policy and the purpose of the Business 5 Zone. As discussed above, the site is located within a nominated neighbourhood activity centre. The site is large and capable of absorbing eight dwellings while making a positive contribution to the character of the area. The development is located within an existing urban area where services and transportation is located within a reasonable distance.

• The development is consistent with the Neighbourhood Character Policy with the proposed dwellings considered to be appropriate in built form and scale, adequate areas allowing for additional landscaping between the driveway and dwellings and within the private open space areas of Dwellings 4 and 5 and the front setback. It is noted that a three storey apartment building is nearing completion on land 50 metres north of this site, and within the Business 5 Zone.


• The development is consistent with the objectives of the Dandenong Foothills Policy with adequate areas for the establishment of additional landscaping which will maintain and enhance the landscape character of the area. The maximum building height of 7.2 metres is below the preferred building height of 7.5 metres. The minimum subdivision size requirements do not apply to land within the Business 5 Zone.

• The development is generally compliant with ResCode subject to changes that will be conditioned on any permit issued.

6. CONFIDENTIALITY


RECOMMENDATION

That Council issue a Notice of Decision to Grant a Planning Permit to develop the land for eight (8) double storey dwellings at 26 Station Street, Ferntree Gully subject to the following conditions:

Amended plans


1.1 Garages for Dwellings 5 and 8 must scale at 3.5 metres wide and 6 metre in length.

1.2 Bicycle parking located along the eastern (rear) boundary for residents must be removed.

1.3 Vehicle crossover amended to be at right angles to the road from the kerb to the building line.

1.4 Annotation stating the area in front of garages and the driveway must be kept available and maintained for all vehicles to enter and exit the site in a forward direction at all times.



1.5 Annotation stating all structures (including fences, letterboxes and metre boxes) shall be constructed to a minimum height of 900mm or relocated clear of the splayed area near the accessway in accordance with AS2890.1, Clause 3.2.4. Landscaping shall also be reduced in height or located clear of the splayed area.

1.6 Tree Root Investigations are required for the Callistemon citrinus and the Melaleuca linariifolia located on the northern boundary of the neighbour’s property to the south (No. 1/24 Station Street), approximately 1.5 and 3.5 metres south of bedroom 1 of Dwelling 8 in accordance with Condition 21 of this Permit. Council’s Arborist must be contacted to inspect the roots and alternative methods of construction or modifications to the design are required based on the findings of the Tree Root Investigations.

1.7 New fencing along the eastern and northern boundaries to a minimum height of 1.8 metres.

1.8 Habitable room windows at the upper levels for all dwellings must have fixed external screening with a maximum of 25% transparency (to prevent downward views) to a height of 1700mm above finished floor level except for windows of Dwellings 1, 2, 7 and 8 facing Station Street (western elevation).

1.9 Balconies of Dwellings 2, 3, 4 and 5 must provide fixed external screening to a height of 1700mm above finished floor level with a maximum of 25% transparency.

1.10 Colours of the proposed materials modified to muted tones of green or brown and to the satisfaction of the Responsible Authority.

1.11 Storage area in accordance with Standard B30 must be provided for Dwelling 8.

1.12 Annotation stating walls on boundaries of adjoining properties are to be cleaned and finished to the satisfaction of the Responsible Authority.






1.16 A Waste Management Plan in accordance with Condition 9.


Drainage plans












Landscape plans









4.8 The plans must also show the provision of three (3) additional indigenous or native canopy trees and at least twenty (30) additional large shrubs chosen from Appendix 4 or 5 of Council’s Landscape Guidelines for Planning Permits. These canopy trees must be at least two metres tall when planted.

4.9 A minimum of 80% of all new vegetation (both canopy trees and understorey) be indigenous.









Waste Management Plan

9. Before the development commences, a waste collection and management plan must be submitted to and approved by the Responsible Authority, demonstrating how waste collection will be undertaken on site, including the operation of the garbage and recyclables storage area. Garbage and recyclables storage and collection must be undertaken in accordance with the approved plan/documentation, and must be undertaken by a private contractor, to the satisfaction of the Responsible Authority. Council will not collect waste from the proposed development.



General





14. The walls on the boundaries of adjoining properties must be cleaned and finished to the satisfaction of the Responsible Authority.

Car Parking and Driveways


16. All vehicles shall enter and exit the site in a forward direction.

17. All visitor parking spaces should be accessible to the public at all times and identified by signage, linemarking or alternative paving and in a location generally visible from the public street.

18. Redundant crossovers shall be removed and the kerb and channel and nature strip reinstated to Council standards.

Fencing





Tree Protection

21. Prior to commencement of works and to satisfy Condition 1.6 of this Permit, Root Investigation Works (via airknife or similar) are required for the Callistemon citrinus and the Melaleuca linariifolia located on the northern boundary of the neighbour’s property to the south (No. 1/24 Station Street), approximately 1.5 and 3.5 metres south of bedroom 1 of Dwelling 8. This root location work will determine the appropriate footing type and any alterations if necessary, which must be depicted on the plans. Council’s Arborist must be contacted to inspect the Root Investigation Works.



24. The fence is to be chain link or wire mesh, comprise either wooden or steel posts set into the ground or on concrete pads, and be a minimum height of 1.4 metres. Signage is to be affixed to the fence advising that the area is a tree protection zone and a no-go development area.

25. The fence and signage is to be maintained throughout the construction period and removed at the completion of all works.



26. No temporary removal of the fence or encroachment into the protection zone is permitted without the written consent of the responsible authority.

27. Prior to erecting the fence around the tree protection zone, all unwanted vegetation and weed species must be removed from within the zone, and the ground within the protection zone must be covered with a layer of well composted organic mulch (maximum 100mm depth). The area is to be watered at least fortnightly throughout the construction period.

28. The following activities are prohibited from the tree protection area, without the written consent of the responsible authority:

• Construction activities.

• Dumping and/or storage of materials, goods and/or soil.

• Trenching or excavation.

• Lopping branches, nailing or affixing signs, service lines, lights etc to the trees.

29. Prior to any works commencing on site, the Responsible Authority must be contacted to inspect the Tree Protection fencing.

External Materials

30. The external materials of the development hereby permitted (including the roof) shall be non-reflective and finished in subdued tones and/or colours to the satisfaction of the Responsible Authority.











31.7 noise




Permit expiry





NOTES Drainage Notes (to be read in conjunction with the above drainage conditions): • Applicant shall engage a certified Engineering Consultant to analyse

the site’s existing drainage to determine type and size of the Onsite Detention (OSD) system. This shall be designed in accordance with the Knox City Council (Responsible Authority) Stormwater Drainage Guidelines, (copy available on request), and approved drainage design methods specified in the current edition of Australian Rainfall and Runoff. It should be located preferably in a common area to the dwellings, and be easily accessible for maintenance.



• Applicant is to direct all stormwater to the South West corner of the site as this represents the Legal Point of Discharge (LPD) for the property. Applicant is to verify this on site. Connect all stormwater discharge from the site to the LPD via an Onsite Detention (OSD) system. The internal drains for the dwellings are to be independent of each other.

• Tc = 19 minutes; Tso = 12 minutes (for catchment properties only). • Stormwater drainage discharge for the proposed development must

be limited to predevelopment flows. The total Permissible Site Discharge for the property including all dwellings is 5.4 L/s for a 5 year ARI event.

• The Permissible Site Discharge can be increased to 8.8 L/s provided a new pit is installed in front of 26 Station Street connecting to the pit in front of 45 Station Street via a 300mm drain.

• No structure or trees are to be built over an easement vested in Council, or any drainage asset not in an easement within the property without Council consent.

• The proposed development is to provide adequate clearance for the overland flow path through the property to Council’s satisfaction. Details regarding overland flow must be included in the engineering stormwater design plans.



Other Notes: • A building permit must be obtained before development is

commenced. • Build Over Easement consent is required for the visitor car parking

space and the storage shed of Dwelling 4. • A road opening permit is required for the proposed crossover. • Buildings are not allowed to be built over Council easements. • The dwelling/s must achieve a minimum 5-Star Energy Rating. • In accordance with Council policy, an 8.5% public open space

contribution may apply in the event of the subdivision of the land.







COUNCIL RESOLUTION MOVED: CR. MORTIMORE SECONDED: CR. VAN DE VREEDE That the recommendation be adopted. CARRIED

206 COUNCIL – CITY DEVELOPMENT 25 October 2011 COUNCILLOR PEARCE RETURNED TO THE CHAMBER AT 7.50PM AFTER THE VOTE ON ITEM 6.7 AND PRIOR TO DISCUSSION ON ITEM 6.8

DINSDALE WARD

6.8 APPLICATION TO DEVELOP THE LAND FOR SEVEN (7) DOUBLE STOREY DWELLINGS AT 16 ORCHARD ROAD, BAYSWATER, Melway Ref. 64 E3 (Application No. P/2011/6455)

1. SUMMARY:

Land: 16 Orchard Road, Bayswater Applicant: P Oostermeyer Proposed Development: The development of the land for seven

(7) double storey dwellings Existing Land Use: Single Dwelling Area/Density: 1,354m2 / 1:195m2 Zoning: Residential 3 Zone Overlays: None Local Policy: Municipal Strategic Statement (MSS)

Neighbourhood Character Policy Housing Policy

Application Received: 17 June 2011 Number of Objections: Two (2) PCC Meeting: N/A Assessment:

The proposal generally complies with the Housing Policy, Neighbourhood Character Policy and ResCode.

The proposal generally complies with the Residential 3 Zone.

On balance it is considered that the proposal responds well to State and Local Planning Policies, subject to modifications. It should be noted that this is a large site capable of absorbing seven dwellings whilst making a positive contribution to the character of the area.

The proposal generally complies with the direction of VCAT’s Order dated 7 March 2011.

It is recommended that Council issue a Notice of Decision to Grant a Planning Permit, subject to conditions.

207 COUNCIL – CITY DEVELOPMENT 25 October 2011 6.8 16 Orchard Road, Bayswater (cont’d)

2. BACKGROUND

2.1 History

An application for a three storey apartment building comprising 16 dwellings was refused by Council in April 2010. The decision was appealed at VCAT on 25 February 2011. VCAT affirmed Council’s decision and a permit was not granted. A summary of VCAT’s decision is as follows:

• A three storey apartment building comprising large continuous built form is inappropriate at the site. This development comprises a built form, massing and height that would be inconsistent with the policies regarding infill development in and around the Bayswater Major Activity Centre and the preferred character of the neighbourhood.

• There is considerable opportunity for on-going infill development at the periphery of the Activity Centre. Many of the remaining properties within the centre and outside the centre’s boundaries will be redeveloped for multiple dwellings, in a built form similar to 18 Orchard Road and 15 View Road nearby. Such development complements more intensive development within the activity centres.

• An alternate design approach is required. The emerging neighbourhood character in this area is double storey built form. The site is suitable for infill development, but a less intensive built form would be appropriate.



• The subject site is located on the northern side of Orchard Road in Bayswater. The site is rectangular with a frontage to Orchard Road of 27.43 metres, length of 49.38 metres and a total site area of 1,354m2. A single storey dwelling occupies the site, along with associated outbuildings with vehicle access via the southwestern corner of the site.

• The site is located just outside the boundary of the Bayswater Activity Centre, which seeks to encourage higher density housing close to urban services and public transportation routes. The surrounding area is characterised by single or double storey dwellings. Multi unit developments are common in the surrounding area. Carports and garages are predominantly located to the side or rear of dwellings and front setbacks are varied. The site is located approximately 1 km from the Bayswater Train Station.

• There are no significant trees on the site.


2.3 The Proposal


The applicant proposes to remove the existing dwelling and construct seven (7) double storey dwellings. Details are as follows:

• Dwellings 1, 2 and 3 will front Orchard Road and be setback 5 to 5.5 metres from the frontage and contain 3 bedrooms with Dwelling 1 provided with separate vehicle access. Dwellings 2 and 3 will be attached and share a double crossover.

• Dwellings 4, 5, 6 and 7 will be sited to the rear of the Dwellings fronting Orchard Road with an attached built form. Dwellings sited to the rear will contain 2 bedrooms and shared vehicle access centrally located within the site.

• The internal layouts of each dwelling are relatively similar containing kitchen, living and meals areas, amenities and single garages. Tandem car parking is provided in front of each garage for Dwellings 1, 2 and 3. Ground level Secluded Private Open Space areas are provided for all Dwellings and are orientated to the north.

• All trees are to be removed to facilitate the development.

3. CONSULTATION

3.1 Advertising

The application was advertised by way of a sign on the site and notices were sent to adjoining property owners and occupiers. A total of two (2) objections were received. The concerns raised in the objection and a response to these concerns are provided below:

Overdevelopment

• The proposal is not considered to be an overdevelopment of the site with the dwellings generally complying with ResCode standards (Clause 55), in particular, car parking, secluded private open space, site coverage, landscaping, overlooking and overshadowing. Further, the proposal is considered to achieve the neighbourhood character design objectives of the Garden Suburban Precinct in terms of providing adequate areas within the development for the establishment of additional landscaping, upper level walls articulated with a mix of building materials and colours to reduce building bulk and car parking located to the side of the dwellings to minimise any dominance of car parking within the frontage.


Waste Management

• A condition on any permit will require a Waste Management Plan to be submitted to and approved by the Responsible Authority.

Car parking and traffic

• Car parking has been provided at ratios consistent with the Parking Provision Standard of ResCode. Car parking provision is considered to be adequately catered for in the proposed design. Further, the proposed development will not cause an unreasonable increase in traffic flows within the local street network.

Noise

• The site is located within an established residential area where associated noise is a common feature of urban areas. The development will not result in an unreasonable increase in residential noise. Standard construction amenity conditions should be placed on any permit issued.

3.2 Referrals


Traffic Engineer

• Width of accessways exceeds 33% of the street frontage, ResCode Standard B14. The variation of the standard is considered to be appropriate with no impacts on existing street trees, car parking for residents and visitors consistent with ResCode standards and considered consistent with the access arrangement with the multi unit development to the rear of the site.


The following comments will not be conditioned on any permit issued:

• The communal crossover should be 5 metres wide with the driveway 5 metres wide for the first 7 metres of the frontage. This comment is not practical given the constraints of the site. The current access arrangements comply with ResCode.

• Internal footpaths should be provided in accordance with Clause 56.06. The requirements of Clause 56.06 is not relevant to the proposal.

• Shared vehicle crossover to be at right angles to the road. The crossover has been angled to ensure the retention of the street tree.


Drainage Engineer


Arborist

• None of the plants growing on the site are significant. All vegetation can be removed to facilitate the development.

• Two Callistemon viminalis are located on the adjacent property to the east (Bayswater Secondary College). These trees are planted close to the fence and at least one of these will be affected by the wall of Dwelling 3.The applicant is seeking consent from Bayswater Secondary College for the removal and replacement of the Callistemon.

City Strategy

• Strategic Planning considers this proposal to be appropriate for an area just outside the Bayswater Major Activity Centre.

• The development would contribute to housing diversity in the area, with a mix of 2 and 3 bedroom houses.

Waste Services

• A condition on any permit will require a Waste Management Plan to be submitted and approved by the Responsible Authority.

4. DISCUSSION


4.1 Assessment against VCAT Order dated 7 March 2011

An application for a three storey apartment building was refused by VCAT because the proposal was inconsistent with the policies regarding development in an around the Bayswater Major Activity Centre and the preferred character of the neighbourhood, as discussed in Section 2.1.

The current proposal generally complies with the direction of VCAT’s Order dated 7 March 2011 for the following reasons:

• The proposed development is in line with VCAT’s recommendation to design a development which would suit the neighbourhood character of the area which comprises double storey development.


• The site is suitable for infill development at the periphery of the activity centre and is similar to the form of development at 18 Orchard Road and 15 View Road nearby.


4.2.1 Zone


• The proposed development is considered to be consistent with the purpose of the Residential 3 Zone in terms of providing additional dwellings to meet the housing needs of the growing population and is considered consistent with the design objectives of the Garden Suburban Character.

• Dwellings 4 and 7 provide 40m2 of secluded private open space with a width exceeding 5 metres however only provides a total of 58m2 of private open space, which is slightly less than the required 60m2 required by ResCode standard B28. The shortfall is considered to be appropriate with adequate provision of secluded private open space to establish additional landscaping. The 6 plus metre width will ensure usability of the area with excellent northern orientation for daylighting.

• All other dwellings comply with the schedule to the Residential 3 Zone.


4.2.2 Overlays No overlays affect the site.





Key Policies:


• The design of the development will make a positive contribution to the streetscape, with built form considered to be appropriate in form and scale. The development incorporates important neighbourhood character features such as skillion and flat roof forms, brick and render finishes, and landscaped spacing between dwellings. Upper level walls are articulated to reduce building bulk and mass.


• The proposal contributes to the consolidation of urban development through the provision of increased density within an existing residential area within reasonable distance to urban services and transport. Living and secluded private open space areas are orientated to the north. Further, a condition on any permit will require the submission of a Sustainable Design Assessment.








• The site is located within 400 metres walking distance of a bus stop on Mountain Highway, which is serviced by bus routes No. 664 and 745D.

• Bus route 644 from Knox City Council to Bayswater Activity Centre and Train Station, Chirnside Park via Croydon Station and operates at various intervals from 6.16am to 9.38pm Monday to Friday with peak times being half hourly. Saturday services run half hourly from 5.55am to 9.35pm. Sunday services operate from half hourly from 8.22am to 9.33pm.

• Route No. 745D departs from Bayswater Railway Station and provides direct access between Bayswater Activity Centre and Knox City Council, and operates between 5:42am and 9:14pm Monday to Friday at approximately 25 minute intervals; between 7:50am and 9:30pm on Saturdays at 60 minute intervals and; between 8:54am and 9pm on Sundays at 60 minute intervals.





• While the land is not in an Activity Centre, the proposal, provided it respects existing neighbourhood character, can be consistent with the requirements of the MSS.

• An assessment against Council’s preferred Neighbourhood Character Policy (Clause 22.07) is below, however it should be noted that this is a large site capable of containing seven dwellings whilst making a positive contribution to the character of the area. It should also be noted that there are a large number of properties within the area that have already been developed with multi-dwellings.


Clause 22.07 Neighbourhood Character: Garden Suburban Character Precinct 1 – The desired future character of this area is for “Low scale dwellings set within an open landscape with occasional large native trees and in some precincts large stands of native trees”. To retain the tall trees.

• The site does not contain any significant vegetation and a landscaping plan will be a condition on any permit issued.


• The design of the proposal allows for adequate separation to maintain the rhythm and spacing of the surrounding area. Attached form is only at ground level, with upper level footprints reduced and individual roof forms provided. Private open space areas and side and rear setbacks also provide opportunities for additional landscaping, which will maintain and enhance the landscape character of the area.


• The proposed front setbacks of Dwellings 1, 2 and 3 are 5 to 5.5 metres, which is consistent with ResCode standards. Dwellings 4, 5, 6 and 7 are located to the rear and behind dwellings fronting Orchard Road. Upper level walls are articulated and in parts cantilevered over the ground level to add visual interest. The proposed setbacks ensure that additional landscaping can be established within the frontage to maintain and further enhance the landscape character of the area. The proposed double storey dwellings are not considered to dominate the streetscape or adjoining properties.


• As highlighted above, front setbacks are consistent with ResCode Standards, with adequate provision incorporated into the design to ensure landscaping can be established within the frontage. Garages of all dwellings are setback behind dwelling facades and are considered not to dominate the streetscape.






• The proposed dwellings incorporate two and three bedrooms to provide for a range of smaller households. The dwellings provide smaller areas of open space, which are easier to maintain.





Neighbourhood Character – Complies, refer to Section 4.2.2 above Residential Policy - Complies Infrastructure – Complies. A condition on any permit will require a Drainage Plan. Integration with the Street – Complies Site Layout and Building Massing

Street Setback – Complies



Energy Efficiency – Complies. A condition on any permit will require a Sustainable Design Assessment.



Access – Non Compliance, width of accessways exceeds 33% of the street frontage, ResCode Standard B14. The variation of the standard is considered to be appropriate with no impacts on existing street trees, car parking for residents and visitors consistent with ResCode standards and considered consistent with the access arrangement with the multi unit development to the rear of the site.

Parking provision and location – Non Compliance, the kitchen window of Dwelling 2 abuts the shared visitor car space to the north. This arrangement is considered acceptable as the window will have a sill height of 1.7 metres.

Amenity Impacts





Overlooking – Non Compliance, bedroom windows 1 and 2 of Dwellings 4, 5, 6 and 7 must have fixed external screening to a height of 1700mm above Finished Floor Level in lieu of obscure glazing to improve internal amenity. Windows of bedrooms 2 and 3 of Dwellings 1, 2, and 3 must also have fixed external screening to a height of 1700mm above Finished Floor Level in lieu of obscure glazing. Further, there are inconsistencies with windows shown on elevations and not the site plan and vice versa. A condition on any permit issued will require the plans to address these issues.

Internal views – Complies



Private Open Space – Non Compliance, Dwellings 4 and 7 provide 40m2 of secluded private open space with a width exceeding 6 metres however only provides a total of 58m2 of private open space, which is slightly less than the required 60m2 required by ResCode standard B28. The shortfall is considered to be appropriate with adequate provision of secluded private open space to establish additional landscaping.

The 6 plus metre width will ensure usability of the area with excellent northern orientation for daylighting.


Solar access – Complies


Front fence – Complies



5. CONCLUSION


• The proposed development is generally consistent with the Housing Policy. As discussed above, the site is located within an established residential area with access to urban services.

• The design of the new dwellings is consistent with the Neighbourhood Character objectives as the dwellings are low scale, setback from boundaries to allow for additional landscaping opportunities, which will maintain and enhance the landscape character of the area.

• The development is generally compliant with ResCode subject to changes that could be conditioned on any permit issued.

• The development is generally consistent with the direction of VCAT’s Order dated 7 March 2011.

6. CONFIDENTIALITY



RECOMMENDATION

That Council issue a Notice of Decision to Grant a Planning Permit to develop the land for seven (7) double storey dwellings at 16 Orchard Road, Bayswater subject to the following conditions:

Amended plans

1. Prior to the commencement of any buildings or works, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the plans prepared David Goldenberg Architects but modified to show:

1.1 Annotation on the site plan that all parking areas, driveways and area in front of garages 4, 5, 6 and 7 must be kept available and maintained for these purposes at all times to the satisfaction of the Responsible Authority.

1.2 Bedroom windows 1 and 2 of Dwellings 4, 5, 6 and 7 must have fixed external louvre screening to a height of 1700mm above Finished Floor Level in lieu of obscure glazing to improve internal amenity.

1.3 Windows of bedrooms 2 and 3 of Dwellings 1, 2, and 3 must also have fixed external louvre screening to a height of 1700mm above Finished Floor Level in lieu of obscure glazing.

1.4 Detail on the western elevation showing the WC window at the upper level for Dwelling 2.

1.5 Removal on the western elevation the powder room window for Dwelling 2.

1.6 Detail on the southern elevation the stair window for Dwellings 2 and 3.

1.7 Detail on the ground floor plan the highlight windows on the western elevation for Dwelling 7.

1.8 Detail on the western elevation the undercover area for Dwelling 1.

1.9 Removal on eastern elevation window of stairs and powder room for Dwelling 1.



1.10 Annotation on the site plan that all structures (including fences, letterboxes and meters) shall be constructed to a maximum height of 900mm clear of the splay area in accordance with AS 2890.1, Clause 3.2.4. All letterboxes must face the street.



1.13 Sustainable Design Assessment in accordance with Condition 7.

1.14 Waste Management Plan in accordance with Condition 9.


Drainage plans












Landscape plans









4.8 The plans must also show the provision of six (7) additional indigenous or native canopy trees and at least 20 additional large shrubs chosen from Appendix 4 or 5 of Council’s Landscape Guidelines for Planning Permits. These canopy trees must be at least two metres tall when planted.








8. Prior to the occupation of the development, the development must be constructed in accordance with the Sustainable Design Assessment.

Waste Management Plan

9. Before the development commences, a waste collection and management plan must be submitted to and approved by the Responsible Authority, demonstrating how waste collection will be undertaken on site, including the operation of the garbage and recyclables storage area. Garbage and recyclables storage and collection must be undertaken in accordance with the approved plan/documentation, and must be undertaken by a private contractor, to the satisfaction of the Responsible Authority. Council will not collect waste from the proposed development.

General







Car parking and Driveways

14. Before the dwellings are occupied, driveways and car parking areas must be fully constructed in accordance with plans submitted to and approved by the Responsible Authority.

All driveway and car parking areas as shown on the endorsed plan must be fully constructed to the minimum standard of 100mm depth of reinforced concrete and properly formed to such levels that they can be used in accordance with the plans. Construction using any alternative hardstanding sealed surface is subject to detailed plans to be submitted to and approved by the Responsible Authority.


Fencing













18.7 noise



19. Should the development cause undue detriment to the amenity of the area then immediate remedial measures must be undertaken to address the issue as directed by, and to the satisfaction of, the Responsible Authority.

Permit Expiry





NOTES Drainage Notes (to be read in conjunction with the above drainage conditions): • All stormwater drainage runoff from the property shall be properly

collected in a complete and effective system of drains and connected to the Council system via a new pit and 225mm drain through the rear of 18 Orchard Road.

• Stormwater drainage discharge for the proposed development must be limited to predevelopment flows. The total Permissible Site Discharge for the property including all dwellings is 2.8 L/s to the existing Council drainage system for a 5 year ARI event.

• The Permissible Site Discharge can be increase to 9.9 L/s provided the Council system is upgraded to a 300mm diameter drain.

• The proposed development is to provide adequate clearance for the overland flow path through the property to Council’s satisfaction. Details regarding overland flow must be included in the engineering stormwater design plans


Recommendation (cont’d) Other Notes • In accordance with Council policy, an 8.5% public open space

contribution may apply in the event of the subdivision of the land. • A building permit must be obtained before development is

commenced. • Road Opening Permit is required for the proposed crossovers. • The dwelling/s must achieve a minimum 6-Star Energy Rating. • Indigenous plants can be purchased through approved indigenous


• A minimum of 80% of all new vegetation (both canopy trees and understorey) should be indigenous species.


• Raised concrete slabs on the existing footpath fronting the site should be grounded. A Road Opening Permit is required.

• All letterboxes shall face towards the street frontage and if located adjacent to the driveway the letterboxes and any associated structures shall not be greater than 900mm in height



COUNCIL RESOLUTION MOVED: CR. GILL SECONDED: CR. PEARCE

That Council Issue a Refusal to Grant a Planning Permit for the development of seven (7) double storey dwellings at 16 Orchard Road, Bayswater on the following grounds:

1. The proposed development is inconsistent with neighbourhood character (Clause 22.07).

2. The proposed development is inconsistent with the direction of Clause 22.10 (Housing Policy).

3. The proposed development is inconsistent with the private open space requirement specified in the Schedule to the Residential 3 Zone.

4. The proposed development is inconsistent with the requirements of Clause 55 of the Knox Planning Scheme in relation to access, parking provision and location, and overlooking.

5. The proposed development will result in unreasonable amenity impacts on adjoining properties.

CARRIED


ALL WARDS

6.9 HOUSING ADVISORY COMMITTEE – TERMS OF REFERENCE

SUMMARY: Project Manager – Strategic Planning (Claire Anderson)

The Terms of Reference of the Housing Advisory Committee are required to be reviewed every two years. This report recommends that the overall role of the Housing Advisory Committee Terms of Reference be retained; however with some refinements and additions to the purpose, objectives and some operational matters to better reflect the current projects and issues being considered by the Committee.

RECOMMENDATION

That Council endorse the revised Housing Advisory Committee Terms of Reference October 2011 shown as Appendix B to this report.

1. INTRODUCTION

The Terms of Reference of Council Advisory Committees are required to be reviewed every two years. The Terms of Reference of the Housing Advisory Committee was last reviewed in 2008. As such, the Terms of Reference have recently been reviewed and endorsed by the Housing Advisory Committee. Council’s endorsement is now sought.

2. DISCUSSION

The purpose of the Housing Advisory Committee is to advise on the implementation, monitoring and review of Council’s housing policy framework (the Knox Housing Statement 2007, which is currently being reviewed), and broader housing-related issues in Knox.

While the overall role of the Committee has not changed, some of the detail in the current Terms of Reference of the Committee is outdated. As such, it is recommended that some changes be made. The main changes proposed are:

• Update the purpose of the Committee to better reflect its role.

• Refine existing and include additional objectives that acknowledge specific aspects of the Committee’s role, including:

• “Advise on, monitor and report annually on the implementation and revision of Council’s housing policy framework.” This objective specifically refers to the Committee’s role in Council’s annual Housing Monitoring Program.

235 COUNCIL – CITY DEVELOPMENT 25 October 2011 6.9 Housing Advisory Committee (cont'd)

• “Exchange information about broader housing issues in Knox and elsewhere.” This objective acknowledges the Committee’s broader knowledge-sharing role amongst its members.

• “Consider and advise on State Government housing-related proposals.” This objective acknowledges the Committee’s relationship with the State Government (e.g. commenting on proposed housing policies, plans and planning controls at the State level). Major proposals will continue to be reported to Council for a whole-of-Council submission.

• “Exchange information with, inform and seek advice from the Affordable Housing Reference Group and Eastern Regional Affordable Housing Alliance on affordable living issues.” This objective builds on a current objective with a broader focus on other factors that influence affordability (not simply housing) and the Committee’s relationship with the more recently established Eastern Regional Affordable Housing Alliance.

• “Consider information from and provide advice to any Community Reference Group or other relevant group involved in the preparation and implementation of structure plans for activity centres or other housing related projects”. This objective enables the Committee to be involved in, for example, the review of the Rowville (Stud Park) Structure Plans.

• Update the membership of Councillors to allow for a maximum of three Councillors on the Committee (currently three).

• Reduce the number of Committee meetings from monthly to every second month, with the provision for additional meetings on an as needs basis at the discretion of the Committee. Meeting every two months is considered sufficient to fulfil the Committee’s purpose.

• Reducing the length of Committee meetings from two hours to one and a half hours, with the provision for flexibility on an as needs basis at the discretion of the Committee. Shorter meetings are considered sufficient to fulfil the Committee’s purpose.

• Re-structure to reflect the current format for all Council committee terms of reference, for example, inclusion of the updated Conflict and Interest Provisions and Contact with the Media clause.

A copy of the existing Terms of Reference and the revised Terms of Reference are included as Appendix A and Appendix B respectively

3. CONSULTATION

As this report relates primarily to the administration of an internal Council committee, consultation has focused on the Housing Advisory Committee members.

236 COUNCIL – CITY DEVELOPMENT 25 October 2011 6.9 Housing Advisory Committee (cont'd)

4. ENVIRONMENTAL/AMENITY ISSUES

There are no direct environmental/amenity impacts associated with this report.

5. FINANCIAL & ECONOMIC IMPLICATIONS

There are no direct financial implications associated with this report.

6. SOCIAL IMPLICATIONS

There are no direct social implications associated with this report.

7. RELEVANCE TO COUNCIL PLAN

The Housing Advisory Committee provides advice on the implementation, monitoring and review of Council’s housing policy framework (currently the Knox Housing Statement 2007; under review) and broader housing-related issues in Knox. The Knox Housing Statement is Council’s key strategic document to guide residential development consistent with the following themes of the Council plan:

• Healthy connected communities. • Accessible transport choices. • Sustainable natural environment. • Attractive and vibrant places. • A prosperous modern economy.

8. CONCLUSION

The Terms of Reference of the Housing Advisory Committee are required to be reviewed every two years. This report recommends that the overall role of the Housing Advisory Committee Terms of Reference be retained; however with some refinements and additions to the purpose, objectives and some operational matters to better reflect the current projects and issues being considered by the Committee.

9. CONFIDENTIALITY



That Council endorse the revised Housing Advisory Committee Terms of Reference October 2011 shown as Appendix B to this report.

CARRIED

237 COUNCIL – CITY DEVELOPMENT 25 October 2011 APPENDIX A – Current Terms of Reference (2008)

TTEERRMMSS OOFF RREEFFEERREENNCCEE

KKNNOOXX HHOOUUSSIINNGG AADDVVIISSOORRYY CCOOMMMMIITTTTEEEE

Directorate City Development Responsible Officer

Director, City Development

Committee Type Advisory Committee

1. PURPOSE

The purpose of the Knox Housing Advisory Committee is to give strategic guidance to Council on current and future housing needs.

2. OBJECTIVES

The objectives of the Committee are to:

• Guide Council on the implementation and monitoring of the Knox Housing Statement, including monitoring the delivery of public transport and other infrastructure and services required to support housing increases, complement future housing development patterns and enhance current levels of liveability

• Inform Council policy and strategic direction in relation to affordable housing issues including referring emerging issues and priorities to the Knox Affordable Housing Reference Group for their advice.

• Advocate to other parties on behalf of Council to achieve improvements in the provision of housing, including affordable, social and public housing, and sustainability in housing design.

3. MEMBERSHIP, PERIOD OF MEMBERSHIP & METHOD OF APPOINTMENT

The committee will comprise 3 Councillor Representatives, and staff appointed by the Chief Executive Officer or relevant Director to provide administration support and advice to the Committee.

In addition, the committee may invite participation from other Council staff as required. Representatives from key agencies, such as Housing Associations, Housing Support Agencies, and state government departments, will be invited to contribute to the Committee as appropriate.

4. DELEGATED AUTHORITY & DECISION MAKING

The Committee provides an advisory role to Council and staff and does not have any delegated authority to make decisions as if they were the Council.

238 COUNCIL – CITY DEVELOPMENT 25 October 2011 5. MEETING PROCEDURES

Meetings will be held at a frequency determined by the committee to meet its purpose, roles and tasks. Although incorporating some flexibility, it is envisaged that the Committee meetings will each be no longer than two hours. The meetings will be scheduled and confirmed in advance, with an agenda and reference material distributed (as appropriate) to each member. It is anticipated that meetings will be scheduled on a weekday, after 4pm.

6. CHAIRPERSON

The position of Chair shall be reviewed annually immediately following Councillor appointments to Committees. The Committee shall be chaired by a Councillor in accordance with Council’s Committee Policy.

7. AGENDAS AND MINUTES

Agendas and Minutes will be prepared by the responsible Council officer. The agenda will be provided to members of the committee not less than 48 hours before the time fixed for the holding of the meeting. Minutes will be approved by the chair before being published or distributed and then formally endorsed at the subsequent meeting.

8. VOTING

Councillors have voting rights. Staff provide support and advice to the committee only and have no voting rights. In the event of an equality of votes the chairperson has a second vote.

9. CONDUCT AND INTEREST PROVISIONS

In performing the role of Advisory Committee member, a person must:

• Act honestly;

• Exercise reasonable care and diligence;

• Not make improper use of their position; and

• Not make improper use of information acquired because of their position.

Where a member of the committee has an interest or conflict of interest in relation to a matter in which the committee is concerned, or is likely to be considered or discussed, the member must disclose the interest to the committee before the matter is considered or discussed at the meeting. Disclosure must include the nature of the relevant interest or conflict of interest.

10. REPORTING

A formal report is required to be prepared on an annual basis in line with the committee’s stated objectives. The report must be formally adopted by the committee and should directly reflect the objectives and the performance measures of the committee as set out in the Terms of Reference. The report will be presented to Council for noting under the relevant directorate heading.

239 COUNCIL – CITY DEVELOPMENT 25 October 2011 11. ADMINISTRATION SUPPORT

The primary responsible officer for the workings of the committee will be the Director, City Development. Administrative support will be provided by the Coordinator, Strategic Planning.

12. SUNSET CLAUSE

The committee’s role, function and membership shall be reviewed every two years by Council. The next review is scheduled to occur in April 2010.

13. MEALS AND SUSTENANCE AT MEETINGS

The provision of refreshments will be in accordance with the Meals and Sustenance Policy.

14. RELATIONSHIP TO OTHER COMMITTEES

The Housing Advisory Committee has a close working relationship with the Affordable Housing Reference Group, particularly with regard to the implementation of the Affordable Housing Action Plan – a component of the Housing Statement.

240 COUNCIL – CITY DEVELOPMENT 25 October 2011 APPENDIX B – Proposed Terms of Reference (2011)

TERMS OF REFERENCE

KNOX HOUSING ADVISORY COMMITTEE

Directorate City Development

Responsible Officer Coordinator Strategic Planning


Approval Date: October 2011

Review Date: October 2013

1. PURPOSE

The purpose of the Knox Housing Advisory Committee is to advise on the implementation, monitoring and review of Council’s housing policy framework and broader housing-related issues in Knox.

2. OBJECTIVES


• Advise on, monitor and report annually on the implementation and revision of Council’s housing policy framework.

• Identify, consider and advise on new opportunities to strengthen and implement Council’s housing policy framework.

• Inform Council policy and strategic direction in relation to the implementation of Council’s housing policy framework (e.g. associated investment and infrastructure required, alignment with other Council policies and plans).

• Exchange information about broader housing issues in Knox and elsewhere.

• Consider and advise on State government housing-related proposals (e.g. policies, plans, planning controls).

• Advocate to other parties on behalf of Council to strengthen and implement Council’s housing policy framework.

• Exchange information with, inform and seek advice from the Affordable Housing Reference Group and Eastern Regional Affordable Housing Alliance on affordable living issues.

• Consider information from and provide advice to any Community Reference Group or other relevant group involved in the preparation and implementation of structure plans for activity centres or other housing related projects.

241 COUNCIL – CITY DEVELOPMENT 25 October 2011 3. MEMBERSHIP, PERIOD OF MEMBERSHIP AND METHOD OF APPOINTMENT

The Committee will comprise a maximum of three (3) Councillor representatives to be determined annually by Council, one of whom will be Chair. The Committee will be supported by Council officers nominated by the Chief Executive Officer and/or relevant Directors. These staff will provide the Committee with project management and administrative support, as well as specific advice in relation to the achievement of its objectives. The Committee may invite participation from other Council staff as required. Representatives from key agencies (e.g. State government departments) will be invited to contribute as appropriate.

4. DELEGATED AUTHORITY AND DECISION MAKING

The Committee will act in an advisory capacity only. The Committee has no delegated authority to make decisions as if they were Council.

5. MEETING PROCEDURES

The Committee will meet every two months. Additional meetings may be scheduled if required to achieve the Committee’s objectives. This will be determined by the Committee on an as needs basis. While incorporating some flexibility, Committee meetings will generally be no longer than 1.5 hours. Meetings will be scheduled on a weekday at a time agreed by the Committee. Meetings will: • Start on time and finish by the stated completion time determined by the

Committee. • Be scheduled and confirmed in advance with all relevant papers distributed

to each member. • Encourage fair and reasonable discussion of each others’ views. • Focus on the relevant issues at hand. • Provide advice to Council as far as possible on a consensual basis. Members may be called on to provide advice to the Committee between scheduled meetings.

6. CHAIR

The Chair will be selected from and by the member Councillors.


Agendas and minutes will be prepared by the responsible Council officer. The agenda will be circulated to members of the Committee at least 48 hours prior to the meeting. Minutes will be circulated to members of the Committee within 7 days of the completion of the relevant meeting. Minutes must contain details of the proceedings and resolutions made, be clear and self-explanatory, and incorporate relevant reports considered at the meeting. Minutes will be provided for formal endorsement at the following meeting.

242 COUNCIL – CITY DEVELOPMENT 25 October 2011 8. VOTING

Councillors will have voting rights. Staff will provide advice to the Committee only and have no voting rights. In the event of an equality of votes, the chairperson has a second vote.

9. CONFLICT AND INTEREST PROVISIONS


• act with integrity;

• impartially exercise his or her responsibilities in the interests of the local community;

• not improperly seek to confer an advantage or disadvantage on any person;

• treat all persons with respect and have due regard to the opinions, beliefs, rights and responsibilities of other persons;

• commit to regular attendance at meetings; and

• not make improper use of information acquired because of their position or release information that the member knows, or should reasonably know, is confidential information.

Meetings of this Committee may potentially form an Assembly of Councillors. When this occurs, Councillors and officers are required to comply with the conflict of interest provisions as set down in the Local Government Act 1989. Where a Councillor or officer declares a conflict of interest in relation to a matter in which the committee is concerned, they must disclose the interest to the committee before the matter is considered or discussed at the meeting. Disclosure must include the nature of the relevant interest and be recorded in the minutes of the meeting. The member must leave the room while the matter is being considered and may return only after consideration of the matter and all votes on the matter. Where a community member has an interest or a Conflict of Interest (as defined in the Local Government Act) in relation to a matter in which the committee is concerned, or is likely to be considered or discussed, the community member must disclose the matter to the group before the matter is considered or discussed. Disclosure must include the nature of the relevant interest or conflict of interest and be recorded in the minutes of the meeting. It will be at the discretion of the Chairperson if the community member remains or leaves the room whilst the matter is discussed, and this must also be recorded in the minutes of the meeting. Where a meeting is identified as an Assembly of Councillors, staff must complete a Record of Assembly of Councillors form. Where a Conflict of Interest is identified by a Councillor or staff member at an Assembly of Councillors, the relevant Conflict of Interest form must also be completed. Forms should be forwarded to the Manager – Governance within 5 working days of the meeting. This information will be published at the next available Ordinary Council Meeting.

243 COUNCIL – CITY DEVELOPMENT 25 October 2011 10. REPORTING

The Committee will report annually to Council on its stated objectives and should reflect the objectives of the Committee as outlined in the Terms of Reference. The report will be presented to Council for noting under the City Development directorate heading. This can be done as part of the annual Housing Monitoring and Review Program report, which is reported to Council in March each year.

11. ADMINISTRATION SUPPORT

The primary responsible Council officer is the Director – City Development. Project management and administrative support will be provided by the Coordinator Strategic Planning and Strategic Planning team.

12. CONTACT WITH THE MEDIA

Contact with the Media by members of the Committee will be conducted in accordance with the Councillor and Staff Media Policies.

13. REVIEW DATE

The Terms of Reference will be reviewed within 2 years of the date of adoption.

14. MEALS

The provision of refreshments during the course of a Committee meeting will be provided in accordance with the Meals and Beverages for Council Committees Policy.


TIRHATUAN WARD

6.10 ROWVILLE STRUCTURE PLAN - SCOPE AND COMMUNITY REFERENCE GROUP DRAFT TERMS OF REFERENCE

SUMMARY: Senior Strategic Planner (Rebecca Coates)

At the June 2011 Ordinary Council Meeting, Council resolved to initiate an Expression of Interest process with a view to establishing a Community Reference Group to assist with the proposed review of the Stud Park Stage 2 Structure Plan. It was recognised that the finalisation of this process and appointments will be subject to the outcome of mid year budget considerations.

The draft Terms of Reference are attached for Council’s consideration. A report to Council will be prepared following the Expression of Interest process for Council to consider membership of the Reference Group.

Following Council’s decision to review Stage 2 and the ongoing review of Stage 1, it is proposed to combine the review of Stages 1 and 2 as one integrated structure plan for the Rowville area.

It is also recognised that Stud Park Activity Centre is commonly known to the community as Rowville and it is proposed that the Activity Centre be now referred to as the ‘Rowville Activity Centre’, and therefore the Rowville Structure Plan review.

RECOMMENDATION

That Council;

1. Approve the Terms of Reference for the Rowville Structure Plan Community Reference Group (Appendix A);

2. Appoint two (2) Councillors for membership on the Community Reference Group comprising ____________ and ___________;

3. Subject to mid year budget review, advertise Expressions of Interest for membership on the Community Reference Group;

4. Merge the review of Stages 1 and 2 of the Stud Park Structure Plan as one integrated Structure Plan for Rowville; and

5. Rename the Structure Plan from “Stud Park” to “Rowville”.

245 COUNCIL – CITY DEVELOPMENT 25 October 2011 6.10 Rowville Structure Plan - Scope And Community Reference Group

Draft Terms Of Reference (cont’d)

1. INTRODUCTION

Council, in June 2011 considered a report on the Stud Park Structure Plan review and resolved to:

1. Note this report outlining an indicative project scope (as per Appendix A) to review the Stud Park (Stage 2) Structure Plan as resolved by Council on 27 April 2011.

2. Refer the detailed project scope to the next available meeting of the Housing Advisory Committee for consideration and comment and then to the August 2011 Issues Briefing meeting for further consideration.

3. Refer resource and budget requirements ($190,000) to commence the review of the Stud Park Structure Plan to the 2011/12 mid year budget review and further resource and budget requirements to complete the process to the 2012/13 budget process.

4. Subject to the outcome of mid year budget consideration; commence a review of the Stud Park Structure Plan in November 2011 after first reviewing Council’s Housing Policy direction.

5. Subject to the outcome of mid year budget considerations, undertake a cumulative traffic and on-street car parking impact assessment and cumulative drainage impact assessment for the Substantial and Moderate Change areas as part of the review process and in time to inform draft changes to the Structure Plan (Stage 2).

6 Initiate an Expression of Interest process with a view to establishing a ‘Community Reference Group’ to assist with the proposed review of the Stud Park Structure Plan (stage 2), recognising that the finalisation of this process and appointments will be subject to the outcome of the mid year budget considerations.

This report seeks to advance point 6 above by establishing the Terms of Reference for a proposed Community Reference Group.

246 COUNCIL – CITY DEVELOPMENT 25 October 2011 6.10 Rowville Structure Plan - Scope And Community Reference Group

Draft Terms Of Reference (cont’d)

2. DISCUSSION

2.1 Stud Park Structure Plans - Background

Stud Park is designated a Major Activity Centre in Melbourne 2030 and the Knox Planning Scheme. A Structure Plan has been prepared in two stages to guide the use and development of land within the activity centre boundary.

The Stage 1 Structure Plan covers the existing Stud Park Shopping Centre and was endorsed by Council in December 2007. A more detailed Development Plan was prepared and approved by Council in January 2009. Both of these documents were prepared by consultants on behalf of the previous landowners. A decision to review Stage 1 was taken following a change of ownership of the shopping centre from ING to Lend Lease. Council have been working with Lend Lease since June 2010 to review the Structure Plan.

Stage 2 applies to the area surrounding the Shopping Centre and was prepared by Council over a two year period. It was adopted in June 2010. The Structure Plan allows for an increase in a variety of housing development. Subsequent planning proposals for apartment buildings in the area have now caused significant community concern. In response to this community concern, at the 27 April 2011 Council resolved to review the Stage 2 Structure Plan; and adopt an interim 3 storey (9m) height limit in the proposed Substantial and Moderate Change areas, pending the outcome of the review.

2.2 Merging Stage 1 & 2

Following Council’s decision to review Stage 2 and the ongoing review of Stage 1, it is proposed to combine the review of Stages 1 and 2 as one integrated structure plan for the Rowville area. The benefits of which include the integration of development, infrastructure improvements, interfaces, and the associated planning scheme amendments to implement the structure plan.

2.3 Renaming Stud Park to Rowville

It is recognised that the broader Stud Park Activity Centre is commonly known to the community as Rowville and it is therefore proposed that the Structure Plan now be referred to as the ‘Rowville Structure Plan’.

2.4 Rowville Structure Plan - Community Reference Group Terms of Reference

A Community Reference Group in accordance with Council’s resolution in June 2011 will help inform and guide the Structure Plan review process and outcomes. The Reference Group will also ensure better community participation, engagement and ‘ownership’ of the structure planning process.

247 COUNCIL – CITY DEVELOPMENT 25 October 2011 6.10 Rowville Structure Plan Scope and Community Reference Group

(cont’d)

Draft Terms of Reference for the Reference Group are attached in Appendix A for Council’s consideration.

3. CONSULTATION

The report to the 28 June 2011 Ordinary Council Meeting outlined the consultation proposed in the review of the Structure Plan which included establishing a Community Reference Group to help inform the review.

A Consultation Plan will be further scoped with input from the Community Reference Group and Housing Advisory Committee. It could include, for example: in-centre displays at various locations, neighbourhood meetings led by members of the Reference Group, a newsletter and feedback sheets. The Plan will be in line with Knox Community Engagement Framework.


At a broad level, the Reference Group would provide valuable input into the review of the Rowville Structure Plan and any associated environmental and/or amenity issues.


The formal establishment of the Reference Group is subject to mid year budget considerations of which the cost of the project to review the Rowville Structure Plan is estimated to be $350,000 over 18 months (less $30,000 currently available in the existing 2011/12 Stud Park budget). This figure is anticipated to incorporate the review of both Stage 1 and 2 and includes the establishment and running costs of the Reference Group.


The Reference Group would provide guidance in further identifying and responding to the social implications of the Structure Plan review.


The establishment of a Community Reference Group for the Rowville Structure Plan is consistent with the broader strategic objectives identified in the Knox Council Plan 2009 – 2013 (2010 update). In particular, the establishment of a Reference Group will contribute to the theme and objectives relating to “A Well Governed and Leading Organisation”.

248 COUNCIL – CITY DEVELOPMENT 25 October 2011 6.10 Rowville Structure Plan Scope and Community Reference Group

(cont’d)

8. CONCLUSION

This report responds to Council’s resolution to establish a Community Reference Group for the Stud Park/ Rowville Structure Plan review. A draft Terms of Reference is attached for Council’s consideration.

In addition this report proposes to merge Stages 1 and 2 of the Stud Park Structure Plans into one integrated structure plan review. It also proposes to rename the activity centre and structure plan from “Stud Park” to “Rowville”.

9. CONFIDENTIALITY


COUNCIL RESOLUTION MOVED: CR. COSSARI SECONDED: CR. MORTIMORE

That Council;

1. Approve the Terms of Reference for the Rowville Structure Plan Community Reference Group (Appendix A);

2. Appoint two (2) Councillors for membership on the Community Reference Group comprising Cr Pearce and Cr Van de Vreede;

3. Subject to mid year budget review, advertise Expressions of Interest for membership on the Community Reference Group;

4. Merge the review of Stages 1 and 2 of the Stud Park Structure Plan as one integrated Structure Plan for Rowville; and

5. Rename the Structure Plan from “Stud Park” to “Rowville”. CARRIED


TERMS OF REFERENCE

ROWVILLE STRUCTURE PLAN COMMUNITY REFERENCE GROUP

Directorate City Development

Responsible Officer Coordinator Strategic Planning


Approval Date: October 2011

Review Date: October 2013

1. PURPOSE The purpose of the Rowville Structure Plan Community Reference Group (the ‘Reference Group’) is to provide community and stakeholder input into the review of the former Stud Park Stages 1 and 2 Structure Plans (to be known as the Rowville Structure Plan). The Reference Group is a Sub Committee of the Housing Advisory Committee.

2. OBJECTIVES


• To help inform and provide feedback on the review of the Rowville Structure Plan, bringing together Stages 1 and 2 of the (former) Stud Park Structure Plans.

• To help inform and be advised by the Housing Advisory Committee in the context of the centre’s broader role in Knox’s network of activity centres and strategic sites.

• Facilitate communication with the broader Rowville community in relation to the Structure Plan.

• To provide feedback on issues referred by the responsible Council officer(s) or Council more broadly.

250 COUNCIL – CITY DEVELOPMENT 25 October 2011 3. MEMBERSHIP, PERIOD OF MEMBERSHIP AND METHOD OF APPOINTMENT

The Reference Group will comprise the following:

• Two (2) Councillors (to be nominated annually by Council); and

• Expressions of Interest will be sought for the Reference Group and will comprise of a maximum of twenty (20) non-councillor members drawn from:

o Local residents o Not for profit community based organisations. o Environmental interest groups. o Arts/cultural organisations. o Sporting and recreation organisations/interest groups. o Businesses/Industry organisations. o Education organisations. o State Government Agencies.

Non-Councillor membership will be for a maximum period of two years, unless Council decides to extend the term of appointment. Non-Councillor members will be selected by Council based on nominations received following the placement of public advertisements seeking Expressions of Interest. Following receipt of Expressions of Interest, the Selection Panel (Council representatives on the Group) will be involved in the identification of the appropriate community representatives for recommendation to Council. Councillors will be briefed on the selection of representatives in a confidential briefing prior to the preparation of a report. A report to formalise the Reference Group members will be presented to Council following the selection process. The Reference Group will be supported by Council officers nominated by the CEO and/or Director City Development. These staff will provide the Group with project management and administrative support as well as specific advice in relation to the achievement of its objectives.

4. SELECTION CRITERIA

The following selection criteria will be used by the Selection Panel (Council representatives) in their consideration and selection of Reference Group non-Councillor members: Nominees must: • demonstrate relevant knowledge of the Rowville area and issues related

to the area.

• possess a willingness to contribute positively to meetings;

• have an ability to look beyond personal interests;


• demonstrate their ability to represent community interest and provide feedback to the community and seek feedback from;

• agree to the publication of their name and the community group they represent (where applicable); and

• are able to commit to a minimum of 2 years membership.

The selection panel will also give due consideration to achieving a diverse representation of members from a range of ages, backgrounds and balance of gender within the project area if possible.


The Reference Group has the capacity to help inform the review of the Rowville Structure Plan. The committee must comply with Council’s policies, procedures and guidelines particularly in relation to Occupational Health and Safety. Actions arising from meetings will be carried out by a staff member who has the appropriate delegation and level of authority. The Reference Group provides an advisory role to the Housing Advisory Committee and Council staff. The Group does not have any delegated authority to make decisions as if they were the Council.


Meetings will be held approximately every two months at a time and place determined by the Reference Group. Additional meetings may be scheduled if required to achieve the Group’s objectives. This will be determined by the Group on an as needs basis. Meetings will follow Knox Council meeting procedures. In summary meetings will:

• Commence on time and conclude by the stated completion time;

• Be scheduled and confirmed in advance with all relevant papers distributed (as appropriate) to each member;

• Encourage fair and reasonable discussion and respect for each others views;

• Focus on the relevant issues at hand;

• Provide advice to and seek advice from the Housing Advisory Committee as far as possible on a consensus basis.

The Group is not required to give public notice of its meetings, and its meetings are not open to the public.

252 COUNCIL – CITY DEVELOPMENT 25 October 2011 7. CHAIR

The position of Chairperson shall be agreed by the Councillor Representatives on the Group. The Group may, with the consent of the Councillor Representatives on the Group, appoint another member other than a Councillor Representative to be Chairperson. The position of Chairperson shall be reviewed annually immediately following Councillor Appointments to Committees. If the Chairperson is not present at a meeting, any other Councillor Representative shall be appointed Chairperson. In the absence of any other Councillor representative/s the Reference Group members shall appoint a Chairperson for the purpose of conducting the meeting. The Reference Group must advise the Governance Team of the name of the Chairperson within one week of appointment.


Minutes must contain details of the proceedings and resolutions made, be clear and self explanatory, and incorporate relevant reports considered at the meeting. Minutes will be provided to the Chairperson for approval before being published or distributed, and be formally endorsed at the subsequent meeting. Agendas and minutes will be prepared and circulated by the responsible Council officer to members in a timely manner, but not less than 48 hours prior to the time fixed for holding the meeting.

9. VOTING

The Group does not have any delegated authority to make decisions as if they were the Council.

10. CONFLICT AND INTEREST PROVISIONS









Meetings of this Committee may potentially form an Assembly of Councillors. When this occurs, Councillors and officers are required to comply with the conflict of interest provisions as set down in the Local Government Act 1989. Where a Councillor or officer declares a conflict of interest in relation to a matter in which the committee is concerned, they must disclose the interest to the committee before the matter is considered or discussed at the meeting. Disclosure must include the nature of the relevant interest and be recorded in the minutes of the meeting. The member must leave the room while the matter is being considered and may return only after consideration of the matter and all votes on the matter. Where a community member has an interest or a Conflict of Interest (as defined in the Local Government Act) in relation to a matter in which the committee is concerned, or is likely to be considered or discussed, the community member must disclose the matter to the group before the matter is considered or discussed. Disclosure must include the nature of the relevant interest or conflict of interest and be recorded in the minutes of the meeting. It will be at the discretion of the Chairperson if the community member remains or leaves the room whilst the matter is discussed, and this must also be recorded in the minutes of the meeting. Where a meeting is identified as an Assembly of Councillors, staff must complete a Record of Assembly of Councillors form. Where a Conflict of Interest is identified by a Councillor or staff member at an Assembly of Councillors, the relevant Conflict of Interest form must also be completed. Forms should be forwarded to the Manager – Governance within 5 working days of the meeting. This information will be published at the next available Ordinary Council Meeting.

11. REPORTING

The Reference Group will report as needed.


Administrative support will be provided to the Reference Group by the Strategic Planning Team.


Contact with the Media by members of the Committee will be conducted in accordance with the Councillor and Staff Media Policies.

14. REVIEW DATE

At the end of the Group’s standard two year period a review and report on its operations will be prepared for Council together with a recommendation for either a re-endorsement or disbanding of the Group.

15. MEALS

The provision of refreshments will be in accordance with the Meals and Sustenance Policy.


TAYLOR WARD

6.11 APPLICATION FOR THE SUBDIVISION OF THE LAND INTO SIX (6) LOTS AND PLANNING SCHEME AMENDMENT C87 AT LOT 3 WELLINGTON ROAD, ROWVILLE. Mel Ref. 82 B3 (Application No. P2008/6639 & AMENDMENT C87)

SUMMARY: Senior Strategic Planner (Sarah Lane) and Subdivision Planner (Roxanne De Cata)

The application is for a combined Planning Scheme Amendment (C87) and planning permit application to subdivide the land into six lots (P/2008/6693). The Amendment proposes to introduce a site specific planning control which will allow a minimum lot size of no less than 2,000sqm. The land is zoned Low Density Residential Zone which has a minimum lot size of 4,000sqm.

Following exhibition, six submissions have been received, two of which are objections. The report recommends that Council proceed to the next stage in the amendment process, requesting that the Minister for Planning appoint an independent planning panel to review the submissions and the amendment/permit application. The report considers the submissions received and provides an assessment of the merits of the proposal. It is recommended that this assessment form the basis of Council’s submission to the Planning Panel.

Land: Lot 3 Wellington Road,

ROWVILLE 3178 Applicant: Collie Planning on behalf of the Baptist

Union of Victoria

Proposed Development:

A site specific amendment to the Knox Planning Scheme and the subdivision of the land into 6 lots

Existing Land Use: Church Area/Density:

28,034m2 Total area of site 10,788m2 / 1 lot per 2157m2 17,246m2 Lot that retains Church

Zoning:

Low Density Residential Zone

Overlays: N/A Local Policy: Neighbourhood Character

Application Received: 11 August, 2008. Number of Objections: 2 PCC Meeting: N/A

255 COUNCIL – CITY DEVELOPMENT 25 October 2011 6.11 Lot 3 Wellington Road, Rowville (cont’d)

RECOMMENDATION

That Council;

1. Consider the submissions received in response to Amendment C87 and draft planning permit P/2008/6639;

2. Amend the exhibited Draft Planning Permit as per the tracked changes version in Appendix C to this report;

3. Request that the Minister for Planning appoint an Independent Planning Panel to review the amendment and permit application and the submissions received and respond to the issues raised;

4. Refer the amendment, draft planning permit and all submissions to the Panel for consideration and recommendation; and

5. Base its submission to the appointed Panel on the assessment contained in this report.

2. BACKGROUND

2.1 Subject Site & Surrounds


• The subject site is located on the north-east corner of Wellington Road and Le John Street, Rowville and has a total area of 27,835m2.

• The site is developed with the Rowville Baptist Church located towards the Le John Street frontage with the remaining land vacant. Existing vehicle crossings are present from both Le John Street and Wellington Road.

• A planning permit (P2005/6176) for the expansion of the Church Building and new car park was issued on 24 March, 2006. These works have been completed with an occupancy certificate issued on the 3 May, 2010.

• Immediately west across Le John Street and to the north of the subject site, the land is zoned Low Density Residential. Land to the east and across Wellington Road to the south is zoned Residential 3.

2.2 The Proposal


The application seeks a Planning Scheme Amendment which introduces a site specific control to allow the minimum lot size to be reduced from the current requirement of 4,000m2 minimum as specified in the Low Density Residential Zone to a minimum of 2,000m2. The amendment does not propose any change to the zoning of the land.


The concurrent planning permit application seeks to subdivide the land into six (6) lots (to be known as Lots 30 – 35) with building envelopes and a common property road as follows:

31 2017m2 with a building envelope of 785m2.





30 17,246m2 containing the existing Church building.

The layout of the proposed subdivision includes a portion of land within the Church lot which measures 75m in length and 19m in width. The Church intends to offer this portion of land for sale at a later date to the adjoining property owner at 1101 Wellington Road located to the south.

3. CONSULTATION

3.1 Advertising

Consultation occurred in two stages. Prior to formal exhibition of the Amendment, a letter was sent in July 2010 to all owners and occupiers within the Low Density Residential Zone advising them that Council had received an application to reduce the minimum lot size and subdivide Lot 3 Wellington Road to create 5 residential lots. The purpose of this letter was to seek the preliminary views of residents, given the unique character of the estate to the north of the site (Rural Parkland Character Precinct). The details of the proposed subdivision were not sent with this correspondence.

From this consultation, sixty-five letters were sent and 16 responses received. A range of responses were received which indicated that some residents were concerned about the proposal and others supportive. Following this preliminary consultation, a formal exhibition process was undertaken.

The application to subdivide the land and amend the minimum lot size was formally advertised by way of notice in the Knox Leader and the Knox Journal for one issue; notice in the Government Gazette; and letters forwarded to adjoining property owners and occupiers and the relevant authorities. Notice was also given to owners and occupiers within the adjoining Low Density Residential Zone estate (96 letters in total).

The requirements of the Planning and Environment Act 1987 for advertising of combined amendments/permit applications specify that a copy of the ‘proposed permit’ must be provided to notified parties (see Appendix C). The notice sent to affected parties therefore included:


• The Public Notice of the application.

• The Explanatory Report.

• Proposed permit.

• Proposed Plan of Subdivision.

3.2 Submissions

Two objecting submissions were received and can be summarised as follows:

Concern: The developer should construct the road, kerb, channel, drainage and footpath in Le John Street for the full length of the subject property’s frontage.

Response: The applicant will be required to construct the road; kerb, channel, drainage and footpath in Le John Street up to the point of the proposed new common property access road (refer condition 27(e) in Appendix C). It is recommended that the draft permit be amended to prohibit vehicle access to Lot 31 from Le John Street (refer condition 9(f) in Appendix C). It is not considered necessary for the applicant to construct the road beyond the new access road, as the new residential lots would not benefit from the additional section of road and the applicant should therefore not bear this cost.

Concern: The proposal does not mention any covenant to ensure the homes are 30 square plus in size so they are consistent with the adjoining areas.

Response: It is Council’s policy to allow alternate forms of housing to suit the needs of the population, therefore no covenant of this type is recommended.

The Planning & Environment Act 1987 requires that, after considering a submission which requests a change to an amendment or combined amendment/permit, the planning authority (Council) must either: change the amendment in the manner requested; refer the submission to a panel; or abandon the amendment or part of the amendment.

It is not recommended that the requested changes be made to the proposed permit, for the reasons outline above. It is recommended that the submissions be referred to a planning panel for consideration.

3.3 Referrals

The application has been referred to the relevant servicing authorities, and internal departments for comment.


South East Water

• No objection, conditions to service the lots have been provided for any permit issued.

SPI Electricity

• No objection, conditions to supply power to the lots have been provided for any permit issued.

Multinet Gas

• No objection, conditions provided for any permit issued.

Telstra

• No objection, conditions provided for any permit issued.

Melbourne Water

• No objection, conditions to service the site have been provided for any permit issued.

Vic Roads

• No objection, no conditions required.

Department of Sustainability and Environment

• No objection

Council Drainage Engineer

• The Council’s Drainage Engineer advised that engineering plans would be required to show the details of the common property including servicing, vehicle turning areas, footpaths, visitor parking, and pavement details along with details of the construction of Le John Street up to the entry of the common property road. Storm water drainage runoff must be assessed and constructed to service the new lots.

Traffic Engineer

• The Council’s Traffic Engineer advised that the turning circles must allow for the access of a Fire truck and Garbage Collection. A footpath is required to ensure pedestrian safety and a speed hump is required to slow traffic within the estate.


4. DISCUSSION

This section considers the proposal in light of the provisions of the Knox Planning Scheme including State and Local Planning Policies, any other relevant policies and objectives.

The Planning & Environment Act 1987 allows a planning authority, if requested to do so by a person, to simultaneously consider an amendment to a Planning Scheme and a planning permit application.

4.1 Zoning 4.1.1 Low Density Residential Zone

The subject site falls within Low Density Residential Zone. Pursuant to Clause 35.04-3 of the Knox Planning Scheme a permit is required to subdivide land. The purpose of the zone is to provide for low-density residential lots which in the absence of reticulated sewerage, can treat and retain all waste-water.

A permit is required to subdivide land and a minimum of 4000m2 is stipulated unless the subdivision is a re-alignment of existing lots and the number of lots is not increased. Consideration of the subdivision against the Rescode provisions under Clause 56 of the planning scheme is not required in this zone.

• The application proposes a planning scheme amendment to introduce a site specific control to reduce the minimum lot size from 4000m2 to 2000m2 and a permit application to subdivide the land into six (6) lots and create common property.




The Objective of Clause 11.02-1 (Urban Land) is to ensure a sufficient supply of land for residential, commercial, retail, industrial, recreational, institutional and other community uses.

• The application seeks to create five vacant housing lots that will contribute to the supply of residential land in the area.


The objective of Clause 15.01-1 (Urban Environment) is to create urban environments that are safe, functional and provide good quality environments with a sense of place and cultural identity.

• The estate creates a new neighbourhood with its own private road, character and identity.

The objective of Clause 16.01-2 (Location of Residential Housing) is to locate new housing in or close to activity centres and employment corridors and at other strategic redevelopment sites that offer good access to services and transport.

• The site is approximately 300m east of St. Simon’s Catholic Primary School and Wellington Village Neighbourhood Activity Centre is located approximately 300m to the east on Wellington Road.

• Bus service 697 provides a “Dandenong Market” service on Tuesdays for Dandenong Market visitors, passing the subject site at 10.05am or alternatively to Fountain Gate Shopping Centre on Thursdays only. The usual service runs from Belgrave Train Station via Wellington Road to Wellington Village Shopping Centre at 10.05am Monday to Friday. No service on weekends.

The objective of Clause 19.02 (Infrastructure) is to provide for new housing with efficient use of existing infrastructure and human services and community resources.

• The subject site is located in an established area with existing utility services available to be connected and a network of existing roads and public transport.


4.2.2.1 Municipal Strategic Statement

Clause 21.01 MSS encourages planning and development occurring with the necessary consideration to such matters as managing population growth, encouraging sustainable development and influencing the urban form so that Knox itself becomes more sustainable. All development therefore is encouraged within this clause to incorporate Ecologically Sustainable Design (ESD) and Water Sensitive Urban Design (WSUD) principles to ensure that a sustainable urban environment is ultimately achieved.

• The proposed lot sizes of 2000m2 will enable dwellings to take advantage of solar access with lots 31 to 34 having north facing rear yards and include water tanks to recycle water for garden use.


4.2.2.2 Neighbourhood Character – Rural Parkland

Clause 22.07-6 of the Knox Planning Scheme identifies the land as being within the Rural Parkland Precinct. The desired future character encourages the retention of existing high canopy trees, new tree planting opportunities and minimise paving in front yards.

• No vegetation is affected by the proposal. The building envelopes ensure a rear setback of 10m to allow for new tree planting. There may also be the ability for tree planting forward of the building envelopes. Front fencing is to be setback 5m from the front boundary to ensure an open safe environment and the building envelopes prevent garages from being forward of the dwelling. The proposed lot sizes of 2000m2 fit well with the adjoining 2000m2 properties in Silkwood Way which adjoin the site to the east.

4.2.2.3 Housing - Clause 22.10

The Housing Policy at Clause 22.10-1 recognises that the population of Knox will grow by 12,000 persons and 15,000 households for the next 25 years, to the year 2030.

Development is encouraged where there is access to established infrastructure and urban services provided that such development respects and complements the desired future residential character policy.

• The site is located within an established area and is capable of providing utility services. The site is also close to a neighbourhood activity centre (Wellington Village) which is classified as “larger” in the MSS and housing policy”. The planning scheme amendment requests the lot sizes be reduced from 4000m2 to 2000m2 to create five new vacant house sites, providing housing options for the needs of a diverse population with the balance of land being retained by the church. The proposed subdivision will allow future development to compliment the existing area and future neighbourhood character.


4.2.3 Particular Provisions – Public Open Space

It is considered that the proposal generates a need for further Public Open Space having regard to the provisions of Section 18 of the Subdivision Act (1988). A Public Open Space contribution is applicable in this instance.

• In line with previous precedents, the open space calculation will be taken on the value of the five (5) residential sites, leaving the Church to make a contribution on the balance lot if and when the land is subdivided in the future. A contribution of 5 percent is applicable.

4.2.4 General Provisions - Decision Guidelines

Clause 65 of the Knox Planning Scheme and Section 60 of the P&E Act (1987) set out decision guidelines/matters which the responsible authority must consider when deciding any planning application.

Suitability for Subdivision

The land is considered suitable as services are available to be connected to the new lots, and its location is within an established neighbourhood and close to a Neighbourhood Activity Centre – Wellington Village.

Existing/Future Development, including nearby.

Nearby land has been developed with residential use on lot sizes of 4000m2 with the exception being the estate adjoining to the east (Silkwood Way) which has average lot sizes of 2000m2

Availability/need for new subdivided land.

Vacant land where owners can design their own dwellings to suit their needs is highly sought after and becoming rare in Knox.

Effect of use/development on drainage.

The application has been referred to the Council Engineer and an engineering plan will be required to be submitted and approved by Council to ensure the site is adequately drained.

Regard to character and existing vegetation.

The subdivision will be able to provide an outcome consistent with the desired character for the area.


Density of proposed development.

Five new vacant sites at an average of 2000m2 with the Church retaining the balance of the land on 17,246m2

Area and dimensions of Lots.

Average lot measures 54m x 35m with building envelopes averaging an area of 770m2.

Road layout and connections.

Le John Street shall be constructed up to the intersection with the new common property, providing direct connection to Wellington Road.

Pedestrian and Vehicle movement and access.

Common property is to be created with a footpath along the northern side. A footpath 1.4m wide shall also be constructed along the Le John Street frontage up to the new common property entrance.

Location of Public Open Space reserves.

None proposed as it is not possible to create a public park within a private development. A cash-in-lieu contribution is required and shall be used to improve existing open space.

Staging of Subdivison None proposed.

Design of buildings: Safety and spread of fire.

No new buildings proposed at this time.

Off street parking.

Parking is available within the lots and visitor parking is provided along the northern side of the common property.

Location and provision of Common Property.

Common property access to include an 8.5m widening at the entrance to ensure entry/exit safety, speed humps to slow traffic, visitor parking bays and a footpath down one side.


Functions of the body corporate. To be limited to the use of lots 31 to 35.

Availability/ provision of services.

Conditions from authorities to be placed on any permit issued to ensure the site is connected to utilities.

Protection of native vegetation.

No native vegetation affected.

4.2.5 Strategic Assessment

This section considers the proposed Planning Scheme Amendment. The Amendment proposes to amend the schedule to Clause 52.03 of the Knox Planning Scheme (Clause 52.03 – Specific Sites and Inclusions) to apply a site specific control to the site (Appendix D). The proposed site specific control allows the site to be subdivided with the proposed lot sizes. The amendment does not alter the zoning of the land or introduce any new overlays, but facilitates the subdivision in accordance with the proposed plan of subdivision. The policy assessment undertaken in Section 4.2 of this report demonstrates that the proposed subdivision is consistent with State and Local planning policies and allows for development which will be consistent with surrounding neighbourhood character. The proposed approach secures a minimum lot size for the proposed lots. The lots to the north of the subject site are an average of 4,000m2. The lots to the west of the subject site (also zoned LDRZ) are 2,000m2 to 6,000m2. (1063 Wellington Road and 5 Ames Street have had site specific controls approved which allow for two lot subdivisions with minimum lot sizes of 3,000m2). The proposed lot sizes (minimum 2,000m2) would be compatible with the distinct character of the surrounding low density residential estate.

If the subject site, in isolation, was to be rezoned (instead of having a site specific control applied), it is likely that the Residential 3 Zone would be applied; or, potentially, Residential 1 Zone due to the land’s proximity to a neighbourhood activity centre (Wellington Village). Either of these zones could open up the whole site (2.7 ha) for future subdivision into small allotments, with no minimum lot sizes. Given the distinct character of the surrounding low density residential land, a separate subdivision of this land which does not reflect the established pattern of development would not be an ideal or preferred outcome. It is therefore considered that the proposed Amendment to the Schedule of Clause 52.03 is the appropriate mechanism to facilitate the proposed subdivision as it retains large lot sizes of approximately 2000m2.


5. CONCLUSION

Clause 11 of the Knox Planning Scheme requires Council to balance relative policy objectives when making decisions to ensure resulting development is sustainable and achieves a net community gain.

In this context, the subdivision of the land to create 5 new lots and a balance of land for the existing Church complies with policy objectives for the zone and benefits the community in the following ways:

• The site is well located with Wellington Village Shopping Centre approximately 300m away, a bus route along Wellington Road, the Catholic Primary School, Rowville Primary School, Rowville Secondary College and Child Care Centres all nearby.

• The lot sizes provide ample room for the construction of a dwelling and car accommodation whilst allowing a 10m rear yard sufficient for landscaping and providing outdoor entertaining areas.

• No significant vegetation is affected by the proposal as the land is currently unused paddock.

• All lots shall front the common property and visitor parking, street lights and fire hydrants will be made available within the common road which shall become the responsibility of the Body Corporate Members (Owner’s Corporation).

• The proposal is consistent with neighbourhood character.

The proposed Planning Scheme Amendment facilitates the proposed subdivision, which is considered to be appropriate for the reasons outlined above.

6. CONFIDENTIALITY



COUNCIL RESOLUTION MOVED: CR. PEARCE SECONDED: CR. MORTIMORE

That Council;

1. Consider the submissions received in response to Amendment C87 and draft planning permit P/2008/6639;

2. Amend the exhibited Draft Planning Permit as per the tracked changes version in Appendix C to this report;

3. Request that the Minister for Planning appoint an Independent Planning Panel to review the amendment and permit application and the submissions received and respond to the issues raised;

4. Refer the amendment, draft planning permit and all submissions to the Panel for consideration and recommendation; and

5. Base its submission to the appointed Panel on the assessment contained in this report.

CARRIED

267 COUNCIL – CITY DEVELOPMENT 25 October 2011 APPENDIX A/1 – Lot 3 Wellington Road, Rowville

268 COUNCIL – CITY DEVELOPMENT 25 October 2011 APPENDIX A/2 – Lot 3 Wellington Road, Rowville

269 COUNCIL – CITY DEVELOPMENT 25 October 2011 APPENDIX B – Lot 3 Wellington Road, Rowville

270 COUNCIL – CITY DEVELOPMENT 25 October 2011 APPENDIX C/1- Lot 3 Wellington Road, Rowville

271 COUNCIL – CITY DEVELOPMENT 25 October 2011 APPENDIX C/2 - Lot 3 Wellington Road, Rowville

278 COUNCIL – CITY DEVELOPMENT 25 October 2011 APPENDIX C/ 9 Lot 3 Wellington Road, Rowville

281 COUNCIL – CITY DEVELOPMENT 25 October 2011 APPENDIX D- Lot 3 Wellington Road, Rowville

282 COUNCIL – CITY DEVELOPMENT 25 October 2011 COUNCILLOR WALTER VACATED THE CHAMBER AT 8.11PM DURING DISCUSSION ON ITEM 6.12

COLLIER WARD

6.12 PROPOSED PLANNING SCHEME AMENDMENT C90 TO REZONE 25 & 55 BURWOOD HIGHWAY AND 56 MOUNTAIN HIGHWAY, WANTIRNA FROM ROAD ZONE TO RESIDENTIAL 3 ZONE AND APPLY AN ENVIRONMENTAL AUDIT OVERLAY

SUMMARY: Senior Strategic Planner (Sarah Lane)

Amendment C90 proposes to rezone the land at 25 & 55 Burwood Highway, and 56 Mountain Highway, Wantirna from Road Zone Category 1 (RDZ1) to Residential 3 Zone (R3Z) and to apply the Environmental Audit Overlay (EAO) to the site. The Amendment has been requested by the landowner, VicRoads. A report was presented to Council in January 2011 requesting approval to seek authorisation from the Minister for Planning to prepare and exhibit the Amendment. As a result of public exhibition, Council has received eight submissions to the Amendment. This report recommends that Council requests that the Minister for Planning appoint an independent planning panel to consider the submissions received, in accordance with the Planning and Environment Act 1987. As the site is Government-owned, it is also recommended that Council negotiate with the Government to provide some social housing on the site.

RECOMMENDATIONS

That Council:

1. Consider the submissions received in response of Amendment C90;

2. Request that the Minister for Planning appoint an independent Planning Panel to review the Amendment and all submissions received and respond to the issues raised;

3. Authorise the Director – City Development to make changes to Amendment C90 prior to the approval of the Amendment, where changes do not affect the purpose or intent of the Amendment;

4. Authorise the Director – City Development to enter into discussions with VicRoads, the Department of Human Services and the Department of Planning and Community Development in order to achieve a percentage of social housing, when the site is developed; and

5. Receive a future report on the outcome of the above discussions and the Panel Hearing for the Amendment.

283 COUNCIL – CITY DEVELOPMENT 25 October 2011 6.12 Amendment C90 (cont’d)

1. INTRODUCTION

Amendment C90 proposes to rezone land at 25 and 55 Burwood Highway and 56 Mountain Highway, Wantirna from Road Zone Category 1 (RDZ1) to Residential 3 Zone (R3Z) and apply an Environmental Audit Overlay (EAO) (See Appendix A).

The site is located to the immediate east of Eastlink and has abuttals to Burwood Highway and Mountain Highway. The site is currently vacant and was previously used as a construction depot associated with the construction of Eastlink (prior to this the land was used for agricultural/market garden purposes). The land is no longer required for this purpose and VicRoads intends to dispose of the land. The Amendment has been requested by VicRoads.

In the report to Council in January 2011, the land was described as 25 and 55 Burwood Highway. It has since been brought to Council officers’ attention that the subject land includes a parcel with the site address of 56 Mountain Highway. There is no change to the land affected by the Amendment, as was shown in Appendix A to the January report (see Appendix A).

2. DISCUSSION

2.1 Submissions Received

Eight submissions have been received following exhibition of the Amendment. Five of the submissions are from authorities who have no objection to the Amendment. Three submissions have been received from residents; one of these submissions has been signed by 46 signatories.

The issues raised in the submissions are summarised as follows:

• The land should be retained as part of Knox’s greenbelt and/or should become part of the Dandenong Valley Parklands.

• The rezoning does not enhance the tree-lined boulevard concept advocated by Knox City Council. Part of the site should be zoned for public open space.

• The contamination issue has been ‘whitewashed’ and the removal of contaminated soil will damage adjoining properties.

• Medium density housing should be located in more suitable locations such as disused factory sites.

• Traffic ingress and egress from the land will be dangerous. • The land does not have good access to public transport. • The noise walls erected along Eastlink are not compatible with the site

being used for residential purposes.


• There has been a net loss of public open space within Knox after the construction of Eastlink and the Authority has not honoured its obligation to replace trees lost during the road construction process. The loss of vegetation in Knox should not be offset elsewhere.

2.2 Response to Submissions

The main issue raised in the submissions is that the land should remain in its current form as vacant land, and that it should preferably become a public park.

As the land is no longer used for road purposes, the current Road Zone is not appropriate. Therefore, a rezoning to reflect the intended use of the land is required. In order for the land to be used as a park, it must be purchased by a public authority for this purpose and rezoned accordingly. The land has not been identified as future open space in the Knox Open Space Plan 2004-2014 which states that this part of Wantirna has sufficient open space; and Council has no stated intention to purchase the land. Plans for future expansion of the Dandenong Valley Parklands are articulated in Parks Victoria’s Dandenong Valley Parklands Future Directions Plan (2006). The land has not been identified in this Plan as forming part of the Parklands in the future.

Council’s Municipal Strategic Statement (MSS), in both the Overall Strategic Framework Plan (Clause 21.03) and the Environmental and Landscape Strategic Framework Plan (Clause 21.06), defines the Dandenong Valley Parkland as being west of Eastlink. The subject site is located to the east of Eastlink.

The use of the land for residential purposes is supported by Council’s Municipal Strategic Statement. According to the Housing Strategic Framework Plan in Clause 21.05 of the MSS, the site sits within an established residential area where new infill development providing a positive contribution to the preferred local character is sought. The site is also located on the Principal Public Transport Network (PPTN), which is a preferred location for housing identified in Clause 21.05 and Council’s Housing Policy (Clause 22.10).

The submissions raise a number of issues relating to the future development of the land, such as traffic management, loss of vegetation, noise effects and the removal of contaminated soil. These are valid concerns, however they are more appropriately addressed through any future application process to develop and/or subdivide the land.

Disruption to neighbouring properties through any construction process would be managed under the Building Regulations and Local Laws.


The submissions raise issues which relate to the construction of Eastlink, such as the perceived loss of open space, and the offsets required following the loss of vegetation. These issues are noted; however they do not relate to the rezoning or the future use and development of the land and, as such, are not considered relevant the current Amendment proposal or any possible future planning applications.

The primary issue to be considered at this stage (in light of the requirement to rezone the land) is what is the most appropriate zone? The proposed Residential 3 Zone is considered to be the most appropriate zone for the following reasons: • The zone is consistent with the zoning of the surrounding residential land

and will allow for development which is consistent with the character of the surrounding area. The zone contains specific requirements that will limit the extent of development on the site. There is a mandatory maximum building height of 9 metres in this zone and requirements for more private open space.

• The land is not suitable for non-residential, such as industrial or commercial purposes. Industrial land may result in inappropriate amenity impacts on surrounding residential land. Other commercial uses, such as retail or office uses, are more appropriately located within activity centres.

• The land will only be rezoned for public purposes if purchased by a public authority.

Following consideration of submissions which request a change to the Amendment, Council must either: • change the Amendment in the manner requested; or • refer the submissions to an independent planning panel appointed by the

Minister for Planning; or • abandon the Amendment or part of the Amendment.

For the reasons outlined above, the land must be rezoned due it no longer being required for road purposes; and the Residential 3 Zone is the most appropriate zone in this location. The land cannot be zoned for open space as there is no proposal for the land to be acquired by a public authority.

It is therefore recommended that Council request that the Minister for Planning appoints an Independent Planning Panel to review the submissions. Each submitter will have the opportunity to present their submission to the Panel for consideration.


2.3 Opportunities for Social and Affordable Housing

As this site is relatively large and currently government-owned, consideration should be given as to whether it provides opportunities for some affordable and social housing and how this could best be achieved, if appropriate.

Clause 21.05-1 in the Knox Municipal Strategic Statement provides the following context and direction for public and social housing in Knox:

“Consistent with trends across metropolitan Melbourne, the median house price in Knox has risen substantially since 1995. While the median house prices within Knox are lower than those for metropolitan Melbourne, housing generally within Knox is becoming less affordable, particularly for first homebuyers. Much of the community of Knox is in some stage of home ownership with 33.2% of all households owning their own home outright while 45.6% are currently purchasing their home under mortgage. The number of households currently purchasing homes in Knox is substantially higher than the metropolitan average of 34.6%.

With median house prices rising in Knox substantially over the last few years coupled with high levels of homes under mortgage there is a likelihood that the number of households in “housing stress” will rise.

Demand for social housing for ‘specific housing needs’ groups is increasing particularly due to the increasing number of homeless youth and aged persons, number of older persons and persons with disabilities.

Public housing waiting lists and anecdotal evidence confirms that the current demand and need for public and social housing outstrips the current supply.

As the Knox population ages and number of people with disabilities increases, demand for a range of specific social services including respite care, and affordable, public and social housing options will continue to grow.

Council will proactively encourage partnerships between the development industry and social housing providers and play an active role in engaging with the Office of Housing in the identification and selection of appropriate public and social housing sites within Knox.”

A related strategy in the MSS is to “Seek to increase the supply of social housing” (Clause 21.05-2).

Council has had some success advocating for affordable housing on large sites, most recently with the Austral Bricks site on Stud Road, where up to 3% of the site area is being developed for social housing. This was achieved through negotiation with the landowner.


Council could take a similar approach for this site and advocate to the State Government, particularly as they are the landowner, to require that the purchaser/developer of the site must provide a percentage of social housing on the site. It is therefore recommended that Council officers enter into discussions with VicRoads, the Department of Human Services and the Department of Planning and Community Development to achieve a suitable outcome for the provision of social housing on this site. If this approach is endorsed by Council, the outcome of these discussions will be reported back to Council at the same time as the Panel recommendations are reported on, following the Panel Hearing.

3. CONSULTATION

The Planning & Environment Act 1987 requires that a planning scheme Amendment undergo a public exhibition process prior to being submitted to the Minister for approval. The Act requires that the proposed Amendment be placed on public exhibition for at least one month. The Amendment was initially exhibited over a four week period between 27 April 2011 and 27 May 2011. Key elements of the exhibition included:

• Amendment notices being sent to land owners and occupiers adjoining the subject site (36 letters). The notice was accompanied by the Explanatory Report for the Amendment.

• Amendment notices being published in the Government Gazette and in the Knox Journal and Knox Leader newspapers.

• Amendment notices sent to specified government departments/ authorities.

During the exhibition stage, it was brought to the attention of Council officers that the description of the land in the Amendment notice was unclear. In order to ensure that all parties were aware of the extent of the land - that it extended through to Mountain Highway - a revised notice was sent. This notice referred to each parcel of land affected by the Amendment and included a map demonstrating the affected land (Appendix A). An additional four weeks was provided for submissions to be made to Council (final closing date 27 June 2011). The revised notice was also placed in the Government Gazette and Knox Weekly and Knox Leader.

Copies of all submissions received have been made available to all Councillors.

Council officers also wrote to the submitters outlining that the land has not been identified in Council’s Open Space Plan and it is unlikely that the land will be purchased by Council and used for open space. Submitters were invited to discuss the issues raised in their submissions, but none chose to have further discussions.


Internal consultation

Council’s Property Services Department advise that there are no plans for Council to purchase the land.

Council’s Open Space and Landscape Design Department confirm that there is a sufficient supply of Open Space in Wantirna and that the site has not been identified as future open space.

Council’s Traffic and Transport Department advise that there are no plans for bicycle paths through the site.


Rezoning of 25 and 55 Burwood Highway, and 56 Mountain Highway, Wantirna from RDZ1 to R3Z will allow for the future residential development of the site, consistent with the surrounding residential areas. The application of the Environmental Audit Overlay (EAO) to the site will ensure that the land is appropriately remediated prior to any residential use or development commences.

The site adjoining the western boundary once contained a community of Valley Heathy Forest. This Ecological Vegetation Community (EVC) was removed during the construction of Eastlink, as the site was used as a construction depot. The vegetation removal has been off-set as required by the State Government’s Native Vegetation Management Framework.

It is noted that some submitters wish to retain the outlook and amenity which is currently provided by the vacant land.


The rezoning of land will be accommodated within existing Council budgets.


The rezoning of this site is not expected to have any detrimental social implications.


The proposed rezoning to Residential 3 Zone is consistent with the Council Plan Theme 6: Attractive and Vibrant Places - To improve the quality and sustainability of the built environment and ensure it enhances the city’s leafy character and cultural heritage.


8. CONCLUSION

Amendment C90 proposes to rezone land at 25 and 55 Burwood Highway, and 56 Mountain Highway, Wantirna from a Road Zone Category 1 to Residential 3 Zone and to apply an Environmental Audit Overlay.

The new zone will reflect the preferred future use of land and will ensure consistency with the surrounding residential land.

It is recommended that the submissions be referred to an independent Planning Panel, as they cannot be resolved by Council.

9. CONFIDENTIALITY


COUNCIL RESOLUTION MOVED: CR. COSSARI SECONDED: CR. PEARCE

That Council:

1. Consider the submissions received in response of Amendment C90;

2. Request that the Minister for Planning appoint an independent Planning Panel to review the Amendment and all submissions received and respond to the issues raised;

3. Authorise the Director – City Development to make changes to Amendment C90 prior to the approval of the Amendment, where changes do not affect the purpose or intent of the Amendment;

4. Authorise the Director – City Development to enter into discussions with VicRoads, the Department of Human Services and the Department of Planning and Community Development in order to achieve a percentage of social housing, when the site is developed; and

5. Receive a future report on the outcome of the above discussions and the Panel Hearing for the Amendment.

CARRIED

290 COUNCIL – CITY DEVELOPMENT 25 October 2011 APPENDIX A – Amendment C90

291 COUNCIL 25 October 2011 COUNCILLOR WALTER RETURNED TO THE CHAMBER AT 8.13PM PRIOR TO DISCUSSION ON ITEM 7

7. PUBLIC QUESTION TIME

Following the completion of business relating to Item 6, City Development, the business before the Council Meeting was deferred to consider questions submitted by the public. Question Time commenced at 8.15pm. The following questions were raised with Council:

Question 1 Will Council look at recording Council Meetings so that an accurate recording of Council meetings can be easily accessed by the public?

Answer The Director - Corporate Development, Mr Mark Dupe advised that the current Meeting Procedure Local Law does not provide for the recording of (audio tape or other recording equipment) the Council Meeting. The Minutes of the Council Meeting are a record of the decisions made by Council and are not intended to be used as a transcript of the meeting. Mr Dupe further advised that webcasting will be considered in the future review of the Meeting Procedure Local Law and that previous investigations into the provision of webcasting and other associated technology for Council Meetings estimated the cost to be between $100,000 and $150,000.

Question 2 In relation to the area along Albert Ave between Elliot St and Chandler Rd having a height limit off (sic) 11 metres, what options are there for residents who have concerns given the notion that everything east of Dorset Rd is 7.5 metres except this area under the new legislation adopted by Knox Council?

Answer The Director - City Development, Mr Angelo Kourambas advised Amendment C62 is currently with the Minister for Planning. Residents can lobby the Minister to request changes to the Amendment C62 whilst it is being considered by the Minister. Mr Kourambas further advised that the current Knox City Council Housing Policy encourages higher density development and that Council would be reviewing the Housing Policy in the next 12 months.

292 COUNCIL 25 October 2011 7. Public Question Time (cont’d)

Question 3 With regard to parking in new developments in Boronia and Knox I have been advised that Rescode regulations have been adopted from inner city developments with wider streets and better facilities. This is clearly inadequate especially for 11 Allandale Rd as an example. Is Knox Council going to do something about this and adopt better legislation than Rescode?

Answer The Director - City Development, Mr Angelo Kourambas advised the questioner that the standards for carparking are Statewide standards. Mr Kourambas advised that Council does not have the discretion to amend these standards for each development within Knox. Mr Kourambas highlighted that Council would have very little chance of upholding an application at VCAT if changes were made to the current carparking standards contained within ResCode. Mr Kourambas pointed out that Council had made a submission to the Minister for Planning on the proposed amendments for carparking standards.

Question 4 Has Council done any modelling on the likely financial impacts to residential rates from the proposed carbon tax and if not will Council do so?

Answer The Director - Corporate Development, Mr Mark Dupe advised that the Council had not yet considered any modelling or impact on residential rates of the carbon tax. Mr Dupe advised that this modelling would be undertaken as part of Budget discussions for consideration of Council in February 2012 and reported in the 2012/13 Budget.

Question 5 Is Council able to provide an update on any changes to the Act of Parliament governing rehabilitation of the quarry in Wellington Rd Lysterfield?

Answer The Director - City Development, Mr Angelo Kourambas advised that Council was aware of the revised rehabilitation plan that is currently before the Upper House of Parliament (State). Mr Kourambas further advised that Council had provided a submission to the Department of Primary Industries on the amendments proposed in the revised legislation and had requested that the Department consult with the local community on the proposed legislation.


Question 6 “Parking” a 1029 B/wood Hwy F.T. Gully (sic) A photograph was also provided with this question.

Answer The Director - Corporate Development, Mr Mark Dupe advised that Local Laws officers will increase their patrols in the vicinity of this site including more weekend patrols. Mr Dupe advised that he will provide a written response to the questioner.

Question 7 How has the western boundary in this Planning Scheme Amendment been created? If developed, can this land be legally drained?

Given the existing water supply for the area, can the land be readily supplied with water and will there be any determent to the water supply particularly to those properties along the ridge line?

Answer The Director - City Development, Mr Angelo Kourambas advised that the title boundaries were in alignment with the Western Lot Boundary of the proposed amendment.

Question 8 What is the planned Infrastructure for this site?

Answer The Director - City Development, Mr Angelo Kourambas advised that the matters of Infrastructure for the site would be dealt with as part of the subdivision process and that the report considered at Item 6.12 dealt only with the appropriate zoning of the land.

Question 9 At a recent VCAT meeting and also a Planning Consultation meeting, disturbing information was admitted that on at least two occasions, Council did, contrary to what we have always been led to believe, influence and encourage developer to submit higher density proposals to that of their origional (sic) applications. As the interest in Rowville by developers is now gaining momentum, and the total implications thereof, are at least I believe beginning to be fully understood, could Council now go into somewhat reverse and use its influence to advise developers that it may be in the developers best interest to consider smaller developments, with visual character to better compliment existing surrounds. this approach may, I repeat may, appease the present anger and concerns of residents.


Question 9 (cont’d)

If Council can influence one way then surely it can likewise the other way. I believe many developers have made it clear they are more than happy to compromise if it means less problems and expedites the application. Thankyou.

Answer The Director - City Development, Mr Angelo Kourambas advised that town planners can and do influence developers with their applications. Mr Kourambas further advised that town planners advise developers based on current planning policy guidelines. He advised that the previous policy in the draft Stud Park Structure Plan encouraged higher density in certain locations. This Plan is now being reviewed by Council.

Question 10

I am writing to you in questioning the possible saving of the “FERN: at the above address (26 Station Street Ferntree Gully). I am not totally against this development going ahead, I do believe we need to save the fern. Can it remain there and be built around? Can it be removed elsewhere eg: The “Ada Friedberg fern garden” located near Ferntree Gully library?? Or the Knox Historical Society building at “Ambelside.”? Or anywhere that Council may see fitting?? This property was built 1920’s or so making the fern possibly nearly 100 yrs old. We are Ferntree Gully we are named after these beautiful plants. With the trends of clearing all the vegetation off properties these days, I am hoping some consideration (serious consideration) will be give toward saving this “Fern”. PLEASE.

Answer As the questioner was not present at the meeting, a written response will be provided by the Director - City Development, Mr Angelo Kourambas.

Question 11

Re planning permit for 8 double storey dwellings at 26 Station Street Ferntree Gully which I object to same! We have enough units here at present. The traffic congestion will be horrific Builders etc trying to get equipment in and out No where to park Noisy building going on for 12 mths or more I only hope it will be 5 days a week not 6 like one further up, any (?) from 5.30AM to 4-5 onwards


Question 11 (cont’d)

Childrens crossing in front Dust everywhere will not be able to open doors or windows I guess the about 80 year old Hedge will go The view of the Hills have almost gone. Please listen to the Residents for once

Answer As the questioner was not present at the meeting, a written response will be provided by the Director - City Development, Mr Angelo Kourambas.

Public Question Time concluded at 8.37 pm

296 COUNCIL – ENGINEERING & INFRASTRUCTURE 25 October 2011

DOBSON WARD

8.1 PARKING RESTRICTIONS – OLD BELGRAVE ROAD, UPPER FERNTREE GULLY

SUMMARY: Senior Traffic Engineer (Deborah Bassett)

Residents of Old Belgrave Road have requested a review of the previously approved Stage 2 Area Parking Management Plan for the Angliss Hospital Precinct. This request has been made due to the situation where hospital staff and visitors are now parking in Old Belgrave Road causing congestion and obstructing access to residential properties. After consultation with residents, this report considers a change in parking restrictions for Old Belgrave Road, Upper Ferntree Gully.

RECOMMENDATION

That Council

1. approve the parking restrictions “No Stopping 8am-5pm Mon-Fri” (north side of Old Belgrave Road), “2 Hour 8am- 5pm Mon-Fri” (south Side of Old Belgrave Road); and

2. advise residents of Old Belgrave Road of Council’s decision on this issue.

1. INTRODUCTION

A Parking Management Plan was proposed for the area surrounding the Angliss Hospital as part of the construction of the user pay carpark in Albert Street in 2006. The Parking Management Plan was intended to encourage staff, patients and visitors to use the carpark, ensuring that the residential amenity was not impacted upon as a result of the redevelopment works.

The first stage of the Angliss Hospital Parking Management Plan was endorsed at the Council meeting on 22 March 2005 and implemented in April 2006 when the carpark for the hospital was completed.

A resident survey conducted as part of the second stage of the Parking Management Plan indicated that the majority of residents in Old Belgrave Road did not support parking restrictions at that time and therefore no parking restrictions for this road were implemented. This information was included as part of the Stage 2 Parking Management Plan which was endorsed at the Council meeting on 19 December 2006 and implemented in January 2007.

Since January 2007, an increasing number of staff from the Angliss Hospital have been parking in Old Belgrave Road causing traffic congestion and obstructing access to residential properties. Residents have become more vocal in recent months requesting parking restrictions on Old Belgrave Road. A questionnaire was therefore sent to all residents of Old Belgrave Road in June 2011 seeking their opinion for the implementation of parking restrictions.

297 COUNCIL – ENGINEERING & INFRASTRUCTURE 25 October 2011 8.1 Parking Restrictions - Old Belgrave Road Upper Ferntree Gully

(cont’d)

2. DISCUSSION

2.1 Background

Stage 1 and 2 parking restrictions from the 2006 Parking Management Plan have been effective in reducing congestion surrounding the Angliss Hospital. In general, no stopping restrictions were installed on one side of nearby local streets, such as Rollings Road and Johns Street and two-hour restrictions installed on the other side. This has allowed parking for visitors while discouraging all day parking associated with the hospital. The restrictions are lifted in the evening and on weekends allowing residents to park for longer periods outside their homes.

Since parking restrictions were implemented in the Stage 2 area in 2007, minor changes to linemarking and parking restrictions in Old Belgrave Road near the intersection with Talaskia Road have been implemented to ensure access along the street is available.

In September 2010, the informal parking around Talaskia Reserve was removed to improve the open space amenity. In order to compensate for this loss of parking and improve usage of the existing carpark within the reserve, the two-hour parking restrictions for 32 parking spaces in the south east section of the Talaskia Reserve Carpark were removed to allow for some long term parking within the carpark. This however has not been enough to cater for all the long term parking needs in the area. The west side of the reserve carpark is marked as two-hour parking to provide for short-term parking.

The Angliss Hospital carparks on Albert Street and Talaskia Road (used for the afternoon shift) are well utilised by staff.

2.2 Resident Questionnaires

Although two previous surveys of residents in Old Belgrave Road have not supported parking restrictions, Council has recently received a number of complaints from residents and the CFA relating to vehicles obstructing access to residential properties, congestion and access issues along Old Belgrave Road, and sight distance issues for residents wanting to exit their driveways.

A questionnaire was issued to all residents in Old Belgrave Road giving them the opportunity to comment on four options (refer to Appendix A):

• Option A - No change in parking. Yellow edge lines at driveways • Option B - “No Stopping 8am-5pm Mon-Fri” (north side), “2 Hour 8am-

5pm Mon-Fri” (south Side) • Option C - “2 hour 8am-5pm Mon-Fri” restrictions (both sides) • Option D - “2 hour 8 am -5pm Mon-Fri” (south side), yellow edge lines at

driveways (on north side)


(cont’d)

72 properties were surveyed and 38 properties responded which is a 52% response rate.

Residents were encouraged to mark whether they agreed, disagreed or had no preference for each of the four options. They were able to agree with more than one option.

The following table shows the number of residents that preferred each option:

Option A Option B Option C Option D

Number of residents who agree with an option

7 28 10 6

Many residents took the opportunity to provide additional comments to the parking proposal. Some comments included: support for linemarking, concerns about visibility when exiting driveways, visitor parking and comments about parking for hospital staff. These comments have been considered and most of the concerns will be addressed by the proposed restrictions. The survey has shown that Option B is preferred by the majority of residents in Old Belgrave Road and therefore it is recommended that new restrictions, “No Stopping 8am-5pm Mon-Fri” (north side), “2 Hour 8am- 5pm Mon-Fri” (south Side) be implemented in Old Belgrave Road.

It is possible that the new restrictions could displace the parking to other locations which may lead to consideration of further restrictions.

3. CONSULTATION

Canvassing has taken place with the residents of Old Belgrave Road in the form of a resident questionnaire in June 2011 relating to parking options.


Residents within Old Belgrave Road experience difficulty accessing their properties due to the high parking volumes and congestion. Visitors to the area also have limited access to on-street parking. The proposed action will provide an increased level of amenity for residents within the area.


The cost of installing the signage (approximately $4,500) can be covered as part of the operational budget.


(cont’d)


Providing a safe environment encourages social harmony between user groups.


The theme of “dynamic services and facilities” identifies an action to “ensure community infrastructure is provided, managed and maintained to meet community needs and in accordance with compliance requirements”. The signage improves safety on the local road network by reducing congestion and providing access for emergency vehicles as well as continuing to maintain access for local residents.

8. CONCLUSION

The recommended parking option B, is considered appropriate to address the issues of congestion, discourage long term parking by hospital staff in the local street and provide on-street parking for residents and visitors. Residents should be informed that these parking restrictions will be programmed for implementation by the end of November 2011.

The parking situation will continue to be monitored following the proposed changes.

9. CONFIDENTIALITY

There are no issues of confidentiality associated with this report.


That Council

1. approve the parking restrictions “No Stopping 8am-5pm Mon-Fri” (north side of Old Belgrave Road), “2 Hour 8am- 5pm Mon-Fri” (south Side of Old Belgrave Road); and

2. advise residents of Old Belgrave Road of Council’s decision on this issue.

CARRIED


APPENDIX A 24 June 2011 Enquiries to: Deborah Bassett

Resident Old Belgrave Road UPPER FERNTREE GULLY VIC 3156

File Ref: 3096882

Dear Sir/ Madam Parking in Old Belgrave Road Ferntree Gully Council has recently received a number of requests for parking restrictions in Old Belgrave Road following the increase in all day parking occurring in this road. I advise that a Parking Management Plan was proposed for the area surrounding the Angliss Hospital as part of the carpark construction in Albert Street in 2006. In general, no stopping restrictions were installed on one side of the local streets and 2 hour restrictions installed on the other. This reduced congestion and allowed parking for visitors while discouraging all day parking associated with the hospital. The restrictions are lifted in the evening allowing residents to park outside their homes. Prior to the implementation of the parking management plan, surveys were conducted for all residents within a 500m radius of the hospital. This included residents of Old Belgrave Road. The outcome of the initial survey indicated that the majority of residents further away from the hospital, including those in Old Belgrave Road, did not want parking restrictions implemented at that time. The Traffic Management Plan was therefore divided into two stages with restrictions implemented in the stage one area, close to the hospital in April 2006. Although congestion was reduced in nearby streets, some hospital staff chose to park further away from the hospital in the stage two area. Another resident survey was subsequently conducted which resulted in further parking restrictions being implemented in February 2007. However the majority of residents in Old Belgrave Road still did not support parking restrictions and this road was not included in the implementation of the stage two parking restrictions. Since then, all day parking has steadily increased in Old Belgrave Road and some residents now believe parking restrictions should again be considered. To ensure the views of all residents in Old Belgrave Road are considered, a questionnaire for you to complete is attached to this letter. This questionnaire will assist Council in determining if residents desire parking restrictions for the street and the preferred parking controls. This survey is necessary because views may have changed since Council did the previous surveys in 2006 and 2007.

301 COUNCIL – ENGINEERING & INFRASTRUCTURE 25 October 2011 There are some sections of Old Belgrave Road which are unsuitable for parking such as near intersections, crests and curves. These areas will remain with no stopping any time restrictions. Some residents are concerned about motorists parking too close to their driveways. As a guide only, 600mm – 1m yellow edge lines can be installed either side of the driveways to encourage drivers to keep clear of the driveways. It would be appreciated if your response could be returned in the Reply Paid envelope by Friday 8 July 2011. If the feedback from the questionnaire reveals a desire to proceed with the proposed parking restrictions, these comments will be incorporated into recommendations to Council for consideration and resolution. Please study the plan and proposed parking restrictions carefully and fill in the attached response form. Should you have any enquiries, please contact me on 9298 8193. Yours sincerely Deborah Bassett Senior Traffic Engineer


OLD BELGRAVE ROAD FERNTREE GULLY Residents Parking Questionnaire

Name: ____________________________________________

Address: ______________________________________________ _____________________________Postcode__________

Diagrams explaining each option are attached. Please indicate your preference to each of the following statements: Option A: The current parking restrictions are adequate and no further changes are required. Yellow edge line markings to be installed to keep cars clear of the driveways.

Yes No Unsure / No Preference ---------------------------------------------------------------------------------------------------------------- Option B: No stopping 8am-5pm Mon-Fri restrictions to be installed on the north side of Old Belgrave Road and 2 hour 8am-6pm Mon- Fri restrictions on the south side.

Yes No Unsure / No Preference ---------------------------------------------------------------------------------------------------------------- Option C: 2 hour 8am-6pm Mon-Fri restrictions to be installed on both sides of Old Belgrave Road.

Yes No Unsure / No Preference ---------------------------------------------------------------------------------------------------------------- Option D: 2 hour 8am-6pm Mon-Fri restrictions to be installed on the south side of Old Belgrave Road with yellow edge line markings on the north side to keep cars clear of driveways.

Yes No Unsure / No Preference ---------------------------------------------------------------------------------------------------------------- If you wish to comment further please use the reverse side. PLEASE PLACE YOUR QUESTIONNAIRE IN THE REPLY PAID ENVELOPE PROVIDED AND RETURN IT TO KNOX CITY COUNCIL BY 8 JULY 2011.

Thank you for your participation.

Privacy Notification

The personal information requested is being collected by Council for the installation of parking restrictions in Old Belgrave Road and will be used solely by Council for that primary purpose or directly related purposes.

303 COUNCIL – ENGINEERING & INFRASTRUCTURE 25 October 2011 Old Belgrave Road Parking Options Legend

No Stopping Anytime No Stopping 8am-5pm Mon-Fri 2 hour 8am-5pm Mon-Fri Edge lines

Option A: No Change in parking. Yellow edge lines at driveways.

Option B: No Stopping 8am-5pm Mon-Fri (north side), 2 hour 8am-5pm Mon-Fri (south side)

304 COUNCIL – ENGINEERING & INFRASTRUCTURE 25 October 2011 Option C: 2 hour 8am-5pm Mon-Fri restrictions (both sides)

Option D: 2 hour 8am-5pm Mon-Fri (south side), yellow edge lines at driveways (on north side)

Example of yellow edge line either side of driveways to encourage cars to park clear of driveways allowing adequate sight distance.

305 COUNCIL – ENGINEERING & INFRASTRUCTURE 25 October 2011 PROCEDURAL MOTION

MOVED: CR. WALTER SECONDED: CR. PEARCE

That Councillor Cossari be appointed Acting Chairperson. CARRIED

COUNCILLOR McMILLAN VACATED THE CHAMBER AT 8.40PM DURING DISCUSSION ON ITEM 8.2 COUNCILLOR COLE VACATED THE CHAMBER AT 8.40PM DURING DISCUSSION ON ITEM 8.2 COUNCILLOR COSSARI TOOK THE CHAIR AT 8.40PM COUNCILLOR McMILLAN RETURNED TO THE CHAMBER AT 8.43PM AND RESUMED THE CHAIR DURING DISCUSSION ON ITEM 8.2 PRIOR TO VOTING

TIRHATUAN WARD

8.2 PEDESTRIAN ACCESS ON CAVELL STREET, SCORESBY

SUMMARY: Transport & Traffic Engineer (Sylvester Ng)

The report provides an update on the Stage 2 long term measures regarding a new entrance to Scoresby Secondary College and a school crossing in Cavell Street. Council submitted an application to VicRoads for a funding subsidy for a school crossing supervisor in Cavell Street, which was determined as unsuccessful due to the warrants not being fully met. A new pedestrian crossing point is now proposed on Cavell Street, in association with the redevelopment works at the College.

RECOMMENDATION

That Council

1. relocate the driveway for Scoresby Secondary College and formalise a crossing for pedestrians on Cavell Street;

2. resolve to not install a school crossing at Scoresby Secondary College on Cavell Street, Scoresby, at this time; and

3. continue to monitor pedestrian and vehicle numbers for a potential future school crossing.

306 COUNCIL – ENGINEERING & INFRASTRUCTURE 25 October 2011 8.2 Pedestrian Access on Cavell Street, Scoresby (cont’d)

1. INTRODUCTION

At its meeting on 28 July 2009, Council considered a report regarding safety issues in the vicinity of Scoresby Secondary College (The College). One of Council’s resolutions was to provide a new entrance to Scoresby Secondary College and install a school crossing in Cavell Street at a cost of $30,000, subject to future Capital Works funding and joint funding from the school. This report provides an update on the proposed change to access, crossing points and Capital Works funding.

2. DISCUSSION

In the 2010/11 Capital Works Program, $30,000 (total) was allocated to the relocation of Scoresby Secondary College’s driveway and installation of a school crossing on Cavell Street. This was subject to a $15,000 contribution from the school, i.e. half the cost of the project. As the school was unable to provide their contribution at that time, the funding was carried forward to the 2011/12 Program.

Council submitted an application to VicRoads for a funding subsidy for a school crossing supervisor in Cavell Street in October 2010. However, the application was unsuccessful as the warrants required by VicRoads were not fully met. A children’s crossing for a secondary school requires the number of children (minimum 20) multiplied by the number of vehicles (min. 250) to exceed 25,000.

An assessment carried out in November 2010 for the school crossing program revealed that there were 132 children and only 54 vehicles. The product of the number of cars (54) times the number of children (132) is 7,128 which is significantly short of VicRoads warrants for a school crossing.

As part of redevelopment works within the College, they are proposing to relocate the existing double-vehicular crossover, at the intersection of Cavell Street and Armin Street, further north. With the removal of the existing crossover, it is proposed to construct a new crossing point for pedestrians with pram ramps at this location.

The crossing could then be upgraded at a future time when the warrants for a school crossing are met and a VicRoads’ subsidy is granted.

3. CONSULTATION

The College Principal has been notified of the application to VicRoads and the results of the submission and has verbally agreed to the proposed pedestrian crossing point and pram ramps at the intersection of Cavell Street and Armin Street.


The College Principal has since been asked to formally confirm his agreement, in writing.


Council is continuing to improve safety and protect the amenity of the area for surrounding residents. The pedestrian crossing point with pram ramps will improve the pedestrian walking amenity across Cavell Street.


A sum of $30,000 ($15,000 Knox Council, $15,000 Scoresby Secondary College) has been carried forward to the 2011/12 Capital Works Program for the construction of a school crossing. It is proposed however that the cost of relocating the vehicular access, altering the kerb and the installation of pram ramps will be shared by 50% with the College ($15,000) as part of their redevelopment works. The College Principal has previously confirmed in writing that the College will contribute to half the cost of the works.

VicRoads subsidise the cost for Council’s school crossing supervisors each year. Council’s allocation from VicRoads for this year is $344,674 for 107 subsidy sites. Council currently has 115 school crossing supervisors and the subsidy covers approximately 28% of the total cost to operate the scheme. It would be inappropriate to employ a new school crossing supervisor for a site which is significantly short of meeting VicRoads’ warrants and for which there is no additional subsidy.

This is in line with Council’s School Crossing Program Policy which requires that new crossings will only be created where they meet the relevant guidelines for a subsidy by VicRoads either under numerical or special needs criteria.


An accessible pedestrian crossing point encourages more people to use alternative transport modes such as cycling, walking and public transport. Safer roads encourage social interaction between students, parents and residents.


One of the key actions for the theme of ‘accessible transport choices’ is to promote non-car based transport modes through the municipality. The proposed pedestrian ramps will provide a safer crossing point and encourage pedestrian activity in this location.


8. CONCLUSION

A sum of $30,000 has been carried forward to the 2011/12 Capital Works Program for the relocation of the College’s driveway and the installation of a pedestrian crossing point in Cavell Street. Council also submitted an application to VicRoads for a funding subsidy for a school crossing supervisor in Cavell Street but the submission was unsuccessful.

Together with the redevelopment works at the College, it is proposed that a new pedestrian crossing point will be constructed which will improve the pedestrian walking amenity across Cavell Street while allowing for a supervised school crossing if the warrants are met in the future.

9. CONFIDENTIALITY

This report has no confidential issues.

COUNCIL RESOLUTION MOVED: CR. VAN DE VREEDE SECONDED: CR. WALTER

That Council

1. relocate the driveway for Scoresby Secondary College and formalise a crossing for pedestrians on Cavell Street;

2. resolve to not install a school crossing at Scoresby Secondary College on Cavell Street, Scoresby, at this time; and

3. continue to monitor pedestrian and vehicle numbers for a potential future school crossing.

CARRIED

309 COUNCIL – ENGINEERING & INFRASTRUCTURE 25 October 2011 Pedestrian Access on Cavell Street, Scoresby APPENDIX A

310 COUNCIL – ENGINEERING & INFRASTRUCTURE 25 October 2011 COUNCILLOR COLE RETURNED TO THE CHAMBER AT 8.48PM DURING DISCUSSION ON ITEM 8.3

ALL WARDS

8.3 COST AND IMPLICATIONS OF INSTALLING ROLLOVER KERB FOR PARKING – FURTHER INFORMATION (SUPPLEMENTARY REPORT)

SUMMARY: Manager – Engineering Services (David Yeouart)

Following the 23 August 2011 Ordinary Council Meeting, Council deferred making a decision on the report titled ‘Cost and Implications of Installing Rollover Kerb for Parking’’ while further information was sought.

This report provides the supplementary information.

RECOMMENDATION

That Council:

1. receives and notes the Call Up report in relation to the implications of installing rollover kerb on one side or both sides of standard size streets as resolved by Council on 28 June 2011 – deferred from the 23 August 2011 Ordinary Council meeting and appended to this report;

2. receives and notes the supplementary information provided within this report;

3. support including the option of the provision of new rollover kerb and a maximum of a 500 mm concrete plinth as a part of the Retrofitting of Indented Car Parking Bays Policy in accord with the Table One - ‘Draft Assessment Table’; and

4. revise the Retrofitting of Indented Car Parking Bays Policy to reflect the option of providing rollover kerb and plinth where safety concerns have been demonstrated.

1. INTRODUCTION

A report that responded to a Council Call Up Item was presented to Council at the Ordinary Meeting of Council on 23 August 2011. This report was titled ‘Cost and Implications of Installing Rollover Kerb for Parking’. Council resolved to defer this matter, pending the provision of further information on:

• length of roads in Knox that are 6.8m wide or less;

• advantages of safety to residents to be included in the report;

• costing of 750mm wide plinth; and

• draft revision of the Retrofitting of Indented Parking Bays Interim Policy to reflect the use of rollover kerb and plinth outside residential properties where safety concern has been demonstrated.

311 COUNCIL – ENGINEERING & INFRASTRUCTURE 25 October 2011 8.3 Cost and Implications of Installing Rollover Kerb for Parking –

Further Information (Supplementary Report) (cont’d)

A copy of the original report as presented on 23 August 2011 is provided as Appendix A.

2. DISCUSSION

Council approved the ‘Retrofitting of Indented Parking Bays Policy’ on 28 September 2010.

The purpose of the Policy is to provide a process when dealing with resident requests in the provision of retrofitted indented parking bays in residential streets which are less than 7.2m between the face of barrier kerbs.

Council initiated a Call Up item on 28 June 2011, seeking information on the estimated cost and implications of installing roll-over kerb, together with a concrete plinth, to accommodate two wheels of a parked vehicle, as an alternative to indented parking bays.

Council has considered six (6) reports/briefings relating to parking provisions in narrower streets, in the past four (4) years.

This report responds to the matters in which further information was sought.

2.1 Length of roads in Knox that are 6.8m wide or less

There is an estimated 148kms of sealed road in Knox that are 6.8m wide or less. Of these, an estimated:

• 85 kms have barrier kerb on both sides;

• 6 kms have barrier kerb on one side/rollover on the other; and

• 57 kms have rollover kerb on both sides.

There are a small number of unsealed roads and sealed roads with no kerb in the Municipality, which would be 6.8m wide or less but are not relevant to this matter.

2.2 Advantages of safety to residents to be included in the report

The safety of residents is of significant concern.

• When traffic is parked (illegally) on both sides of a 6.8m wide street or less (pavement width), it may be difficult for emergency service vehicles to access properties.



While safety in this instance is of concern, any risk is directly caused by those contravening Victoria Road Rule 208(7). In short, a driver when parking a vehicle must leave at least 3 metres alongside the vehicle for another vehicle to pass. Any driver who does not adhere to this rule is breaking the law.

• When vehicles are parked on the sides of roads, traffic movement is slowed and consequently, less speed generated incidents occur.

However, parked vehicles themselves can produce an inherent danger in local streets for people crossing the road, as they may be obscured to oncoming traffic.

• It is much safer for all road users if abutting residents are able to park off-street. This includes their driveways or garages.

2.3 Costing of 750mm wide plinth

The cost of changing the existing kerb profile from barrier type kerb and channel to rollover kerb and channel with a 750mm wide concrete plinth at the back of kerb is estimated at between $200 to $225 per metre.

This does not include any additional costs, such as tree removal/replacement; landscaping; drainage alterations; driveway modifications; utility services, etc.

For example, if a 1.00m plinth was to be installed; when combined with the width of the rear section of a roll-over kerb (additional 200mm) the plinth may be mistaken for a footpath (standard width 1.20m) and create a new safety hazards for drivers and pedestrians.

Drivers may also contravene Victoria Road Rule 197(1) ‘A driver must not stop on a……..footpath……..or a nature strip adjacent to a length of road in a built-up area’ i.e. the status of a plinth-kerb may be open to some interpretation under the Road Rule.

The use of any plinths should be given careful consideration against amenity, safety, aesthetics and practicalities.

It is recommended that the standard installation of a plinth should be no greater than 500mm in order to avoid potential confusion with a footpath.

If anything above 500mm was considered, it is recommended that the plinth be finished in a coloured concrete, structural pavor or other material, for aesthetics and to help distinguish it as a parking area and not a footpath, together with other considered features (e.g. continuity breaks, markers, signage).



In the majority of cases, a 500mm wide plinth would be adequate.

2.4 Revise the Retrofitting of Indented Parking Bays Policy to reflect the use of rollover kerb and plinth outside residential properties where safety concern has been demonstrated.

The challenge for Council in considering this question is determining what constitutes a safety concern and what may be the cause of the safety concern. In the first instance, Council needs to consider if roads such as Tinarra Court have been designed and constructed in accord with the relevant Standards. The design Standards have been established to consider vehicle movements, property numbers and needs for on-street parking and access for service and emergency vehicles. The design Standards are constituted to meet the average needs. Situations such as an event (e.g. a 21st birthday) are dealt with through drivers parking in accord with the Road Rules, or having to park their car and to walk a short distance. There can also be fluctuations in vehicle ownership where children become young adults and gain their driver’s licence. It is noted however that these fluctuations vary over time.

The second question is the cause of a situation which is deemed to be ‘unsafe’. In the case of Tinarra Court, the cause of the particular situation that was deemed ‘unsafe’ would appear to be drivers choosing to illegally park on both sides of the road, thereby creating an illegal and unsafe situation.

The next question for Council is whether the residents, or Council, should be paying for the replacement of an existing kerb and channel in good condition to provide a rollover kerb and a concrete plinth to cater for ‘occasional’ events or fluctuations in vehicle ownership and use. It is considered that if such a change to the infrastructure is requested, the beneficiaries are the residents and as such, the cost should be borne by the residents. If it could be demonstrated that the road was not designed to the appropriate Standard, there may be an argument for Council to pay.

The Scope of the Policy would need to recognise plinthed kerbing as an option, together with indented parking bays and included in the Definitions.

A full methodology would need to be developed but a recommended approach is outlined in the following Table One - Draft Assessment Table:



Road Width

Consideration of Plinth Kerbing

Comments Subsidy Community Benefit

Resident Benefit

Less than 5.90m

No

Indented Bays – refer indented bays section.

N/A

N/A

N/A

5.90m – 6.55m

Yes.

0.50m plinth kerb on both sides or indented bays

0%

0%

100%

6.56m – 7.20m

Yes.

0.50m plinth kerb, single or both sides or indented bays.

0%

0%

100%

Greater than 7.20m

No Not necessary N/A

N/A

N/A

Table One – Draft Assessment Table

In line with Councils’ Contributory Schemes – Special Rates and Charges Policy, a 60% minimum level of support from contributing properties would be needed as a base requirement before committing Council resources or compelling reasons relating to issues of safety, health or amenity may need to be established before Council decides to proceed.

Community Benefit is considered to exist where the works will provide tangible benefit and direct benefits to people in the broader community. In this case, it is unlikely that the broader community will receive any tangible or direct benefits.

In any case, each street should be considered on its merits.

Should this option be adopted by Council, it is recommended that the ‘Retrofitting of Indented Parking Bays – Policy’ be redrafted to fully reflect the various integrated options and the Contributory Schemes – Special Rates and Charges Policy be considered.

3. CONSULTATION

There has been no further consultation for this supplementary report.


Reducing the width of nature strips and the potential removal of trees and replacing them with non-renewable resources (bitumen and concrete) is considered to be environmentally detrimental. The convenience of those living close by may be improved however, by ease of parking and access, notwithstanding the negative affects of reduced naturestrip.



There may also be a tendency for drivers to fully remove their vehicles from the road surface by completely parking on the nature strip, once roll-over kerbs have been provided. This would have a long term detriment to the nature strip, increase maintenance frequencies and will also be considered to be illegal parking.

Replacing infrastructure, which is still in relatively good condition is also considered neither good for the environment nor cost effective.


No allowance has been made in the 2011/12 budget for works of this type.

It is recommended that the installation of these works could be an option, under the Retrofitting of Indented Parking Bays – Interim Policy, where whole streets would be considered and treated as an element under Councils’ “Contributory Schemes – Special Rates and Charges Policy”.


In some cases there can be a tension between the width of a road, the provision for on-street parking and the relative safety of drivers travelling along it. The need for on-street parking can vary based on social events being held or due to the number of residents who drive cars.

It would be considered both impractical and costly to design and construct streets based upon ‘occasional’ events or due to fluctuations in vehicle ownership or use. To this end, Council is endeavouring to slow vehicles by installing traffic management devices which narrow the road (predominantly on wider roads) while trying to accommodate trouble-free traffic movement on heavily parked roads.

Slow moving and consequently, safer traffic movements encourages pedestrians, improves street life and promotes healthier social interaction.


The proposed actions are consistent with “Healthy, Connected Communities”.

8. CONCLUSION

Roads wider than 7.2 metres (face of kerb to face of kerb) have adequate width to cater for parked cars on both sides of the road, with a 3 metre wide lane between and do not require plinthed kerb or indented parking bays.

Roads between 5.4 metres and 7.2 metres (face of kerb to face of kerb) have adequate parking for vehicles on one side of the road (which may be staggered or supplemented by parking restrictions).



Road widths may be increased by removing barrier kerb and channel, which is 450mmm wide from the lip to the face of kerb (600mm wide total) and replacing with a roll-over type kerb, (300mm lip to face) which is also fully mountable at 600mm wide and adding a concrete plinth (standard 500mm wide), giving an effective increase in width of 650mm (single side) or 1.30 metres (both sides).

For example a 6.8 m wide road could be widened on both sides, with a plinth kerb, giving a new effective width of 8.1 metres (6.8+1.30) or widened on one side with a plinth kerb, giving a new effective width of 7.45 metres, which is adequate for parking on both sides.

9. CONFIDENTIALITY

There are no issues of confidentiality with this report.


That Council:

1. receives and notes the Call Up report in relation to the implications of installing rollover kerb on one side or both sides of standard size streets as resolved by Council on 28 June 2011 – deferred from the 23 August 2011 Ordinary Council meeting and appended to this report;

2. receives and notes the supplementary information provided within this report;

3. support including the option of the provision of new rollover kerb and a maximum of a 500 mm concrete plinth as a part of the Retrofitting of Indented Car Parking Bays Policy in accord with the Table One - ‘Draft Assessment Table’; and

4. revise the Retrofitting of Indented Car Parking Bays Policy to reflect the option of providing rollover kerb and plinth where safety concerns have been demonstrated.

CARRIED

317 COUNCIL – ENGINEERING & INFRASTRUCTURE 23 August 2011

APPENDIX A Report to 23 August 2011 Ordinary Meeting of Council

8.1 COST AND IMPLICATIONS OF INSTALLING ROLLOVER KERB FOR PARKING

SUMMARY: Senior Traffic Engineer (Deborah Bassett)

This report is in response to a Call Up item at the Council meeting on 28 June 2011. The report considers the implications of using rollover kerb and channel and a concrete plinth to provide partial off street parking instead of retrofitting indented parking bays. The report considers the impact of this treatment on the streetscape and the cost to the community. The report also notes that there are approximately 82km of local roads in Knox (around 12% of the local road network) that have a barrier kerb and channel that is between 5.4m and 7.1m in width.

RECOMMENDATION

That Council receive and note the Call Up report in relation to the implications of installing rollover kerb on one side or both sides of standard size streets as resolved by Council on 28 June 2011;

1. INTRODUCTION

At its meeting on 28 June 2011, Council resolved: “that Council officers prepare a report for the August 2011 Ordinary Meeting of Council outlining the estimated cost and implications of installing rollover kerb on one or both sides of standard size streets, together with a back of kerb concrete plinth to accommodate two wheels of parked vehicles, as an alternative to the installation of indented parking bays.”

There have been five reports presented to Council relating to the installation of indented parking bays over the past 4 years:

• Council considered a report regarding a petition on the need for the installation of indented parking bays in Tinarra Court at its meeting on 25 November 2008.

• The Retrofitting of Indented Parking Bays - Interim Policy was considered by Council at its meeting on 27 October 2009.

• Council resolved to undertake community consultation and a further report was considered by Council at its meeting on 27 July 2010.

• The report was referred for further discussion to Council’s Issues Briefing on 7 September 2010.

318 COUNCIL – ENGINEERING & INFRASTRUCTURE 23 August 2011 8.1 Cost and Implications of Installing Rollover Kerb for Parking (cont’d)

• The Retrofitting of Indented Parking Bays Policy was presented to Council for its consideration and endorsement at its meeting on 28 September 2010.

The Policy takes into consideration various infrastructure, streetscape and design issues as well as costs and funding opportunities for these parking facilities.

The use of rollover kerb and a concrete plinth is now being explored as an alternative parking arrangement to retrofitting indented parking bays to determine the best possible outcome for the community.

2. DISCUSSION

2.1 Access Requirements

The Road Rules - Victoria require a minimum 3 metre road clearance from a parked vehicle to enable other vehicles to pass. Rule 208(7) states: “If the road does not have a continuous dividing line or a dividing strip, the driver must position the vehicle so there is at least 3 metres of the road alongside the vehicle that is clear for other vehicles to pass, unless otherwise indicated by information on or with a parking control sign”.

The minimum width for an on street parking space in accordance with the Australian Standards (AS2890.5) is 2.1 metres. Therefore the desirable road width which allows for two cars to park either side of the road plus 3 metres clearance for a through traffic lane is 7.2 metres. Where roads are narrower than 7.2 metres, vehicles can only park on one side of the road, stagger parking on both sides or park partially off road. Of note, there are approximately 82km of local roads in Knox that have a barrier kerb and channel that is between 5.4 and 7.1 metres in width.

A width of 6.8 metres is the absolute minimum required to allow for cars parking either side of the road (a car width is approximately 1.9 metres) with a 3 metre clearance between them. The use of rollover kerb and channel where the road is less than 6.8 metres enables vehicles to park partially off the road by placing two wheels on top of the kerb. This ensures through access for passing vehicles. In the case of roads of less than 6.8 metres, the suggestion - as outlined in the Call Up Item – is that in order to accommodate parked vehicles on either side of the road with a 3 metre clearance between them for through traffic, a rollover kerb and a concrete plinth for two wheels would be provided. Of note, the width of the plinth would need to vary depending on the width of the road.


As an example, Tinarra Court has a 6.3 metre wide pavement between back of kerbs. As such, a rollover kerb and 0.5 metre wide plinth is required on either side of the road to allow for parking with two wheels on the middle of the plinth and a 3 metre clearance between the parked cars. If only half the road had rollover kerb, a 1 metre wide plinth would be required to provide for parking on both sides of the road with a clearance of 3 metres between the vehicles. Appendix A shows diagrams of various layouts to provide for suitable clearance between vehicles and a comparison to the option of an indented parking bay.

2.2 Road Widths

The issue of the widths of local streets was raised during the development of the Retrofitting of Indented Parking Bays Policy. This is particularly in the context of the petition received from residents of Tinarra Court expressing concern about the width of their court and requesting that Council install indented car bays.

The width of Tinarra Court is 6.3m wide between face of kerbs which is typical of numerous local access roads within the municipality, as outlined in Council’s Road Management Plan.

The Knox Planning Scheme provides for a number of different street types dependent on street function and this determines the carriageway width and type of parking provisions made within the street. Although the Knox Planning Scheme has changed since Tinarra Court was constructed, the carriageway width and on-street parking provisions meet the requirements for both the previous and the current planning schemes. The road widths within the Knox Planning Scheme are part of the State Government requirements of the Planning Scheme. As such, this is the minimum requirement that can be required in a Planning application.

The relevant Clause within the Planning Scheme is: ‘56.06-08 Access Place A minor street providing local residential access with shared traffic, pedestrian and recreation use, but with pedestrian priority. Traffic volume 300vpd to 1000vpd Target speed 15kph Carriageway width & parking provision within street reservation

o 5.5m wide with 1 hard standing verge parking space per 2 lots. or o 5.5m wide with parking on carriageway - one side.

Appropriately signed.’


The width of Tinarra Court allows sufficient room for parked vehicles on one side of the road and one through lane. Of note, the kerb and channel provided is a barrier kerb profile as opposed to a rollover kerb.

2.3 Maintenance Issues

The issue of allowing vehicles to mount rollover kerb and park with two wheels on the top of the kerb or within the naturestrip can lead to loss of part of the naturestrip and damage of the naturestrip. Allowing partial parking on the naturestrip may also encourage drivers to park vehicles fully on the naturestrip which is illegal. Road Rules – Victoria, Rule 197(1) states: “A driver must not stop on a bicycle path, footpath, shared path or dividing strip, or a nature strip adjacent to a length of road in a built-up area”.

Vehicles can compact the soil or churn it up which effects the growth of tree roots and grasses. Underground services may also be damaged by parked vehicles. This increases maintenance costs for Council and other service authorities. While a concrete plinth would provide some protection to the naturestrip, there is no guarantee that motorists will not encroach onto the naturestrip, especially as there will be no vertical barrier.

In order to protect street trees from damage, Council specifies that any road works such as new driveway crossings or indented bays must be at least 3 metres from the trunk of street trees. This generally means that the works are outside the drip line of the tree.

Naturestrips vary in width from 1.2 metres to 4.5 metres. Tinarra Court has a typical naturestrip width of 2.7 metres with street trees located centrally within the naturestrip. As such, tree trunks are approximately 1.4 metres clear of the back of kerb. The additional loss of naturestrip by even 500mm due to the construction of a concrete plinth along the back of kerb will impact on the street trees reducing their growth area. It is considered therefore that a concrete plinth should not be placed close to a street tree within the naturestrip. Of note, the current Retrofitting of Indented Parking Bays Policy requires that the suitability for parking bays will be determined by taking into accord impacts on street trees and potential street tree locations, service locations, etc. Of note, the Policy requires that no street tree will be removed and no parking bay is to be constructed within three metres of a street tree or a potential location of a future street tree. This will not be possible with the provision of a concrete plinth.

2.4 Drainage Issues

The drainage of residential properties must also be considered before the kerb can be changed from a barrier kerb to rollover kerb. Many properties are not directly connected to underground stormwater drains. Instead stormwater outlets direct water to the kerb and channel where the water is collected further downstream via side entry pits and directed into the underground drainage system.


Changing the kerb profile can affect the capacity of the channel to hold stormwater which may lead to over-topping/flooding issues. An underground drain may be required to replace the stormwater capacity lost in changing the kerb profile. The minimum pipe diameter installed in road reserves is 300mm.

Where properties drain to the kerb and channel, an adaptor pipe is required to be installed for each stormwater outlet which would need to be replaced and reconnected.

Therefore each street would need a drainage assessment and additional costs may be incurred where there is no existing underground drain.

2.5 Costs and Funding

Any changes to the kerb and channel where the existing kerb and channel is still in good condition and functional is considered as an upgrade and would be funded as a part of the Capital Works Program under the Road and Bridge Construction Program (4007) for road and bridge improvement works. The project would be ranked and prioritised against other projects within this program and presented to Council as part of the budget process.

The provision of such infrastructure at a cost to Council would require a change of Council’s current practices and should be in line with the cost sharing outlined in the Retrofitting of Indented Parking Bays – Interim Policy.

Alternatively, if such a proposal is requested by residents and supported by Council, funding could be considered as under the Contributory Schemes – Special Rates and Charges Policy. The affected property owners would be expected to contribute to the cost of installing the rollover kerb, plinth and any drainage alterations associated with installing off-road parking provisions. This may be apportioned depending on the frontage of each lot and car spaces available outside properties. Any drainage issues related to the change would be based on the property area.

Under such a scheme, Council would only subsidise the cost by 10% unless there is a wider community benefit such as a connection to a park or through access.

The cost of changing the kerb profile from a barrier type kerb and channel to rollover kerb and channel with a concrete plinth at the back of kerb has been estimated as follows:

1. $180 to $200 per metre for a 500mm plinth

2. $220 to $240 per metre for a 1 metre plinth

The additional cost of installing a 300mm diameter drain is approximately $120 per metre.


Again using Tinarra Court as an example, the total length of kerb for Tinarra Court is 445 metres which equates to an approximate cost of $89,000 to replace the kerb and channel and install new rollover kerb with a 500mm concrete plinth.

If only half the road is changed to rollover kerb and channel with a 1m wide plinth, the cost is approximately $53,400.

Tinarra Court also has 9 properties which drain to the kerb and channel. An estimated 100 metres of drain will be required as part of any proposed changes to the kerb and channel at an approximate cost of $12,000.

These costs do not take into account the possible impact that may be incurred to existing street trees, the impact of the reduction of naturestrip on the trees’ growing environment or the need to provide replacement trees at a later stage.

2.6 Information From Previous Reports

As mentioned in the report to Council on 28 September 2010, there are approximately 82 kilometres of local roads in Knox that have barrier kerb and channel that are between 5.4 and 7.1 metres wide. The width of Tinarra Court is 6.3 metres between face of kerbs which is typical of local access roads and meets the requirements in both the previous and current planning schemes.

Vehicles parking legally on one side of a typical access road such as this will allow clearance for other motorists, including emergency vehicles and provide enough parking for local residential events. Approximately 22 vehicles can park legally within Tinarra Court without obstructing access.

The report stated that “The situation in Tinarra Court that led to the petition does not appear the norm. The number of vehicles parked in the Court on that occasion may have been associated with a function or party. It is stressed that all drivers have a responsibility to adhere to the Road Laws. This includes ensuring that there is a three metre minimum clearance when parking on the side of the road. As a principle it is stressed that engineering solutions should not be used as a primary means of dealing with social issues or driver behaviour that does not comply with the law. This is considered to be an enforcement issue.”

For typical roads, such as Tinarra Court, which are in good condition and meet the standard width requirements to allow for parking, there is no reason for Council to pay for alterations to the road as this would create a costly and undesirable precedent. As already discussed, residents requesting changes to the kerb to allow for off road parking, should contribute to costs in line the Retrofitting of Indented Parking Bays – Interim Policy.


2.7 Parking Option Comparisons

There are a number of different parking treatments which may be used to formalise parking on roads which are too narrow to provide parking on both sides and allow for a through traffic lane. Below is a table showing the advantages and disadvantages of various treatments.

Treatment Advantages Disadvantages Rollover kerb with plinth on one or both sides of the street.

Allows for parking outside residents’ homes. May reduce illegal parking on naturestrips

Expensive -with no funds in budget. Residents may be required to contribute to costs. Drainage issues. Damage to nature strips and street trees. Aesthetics. Reduce the naturestrip area.

Indented parking bay.

More attractive in the streetscape. Vehicles are parked clear of through traffic lanes.

Expensive (approximately $5000 per bay) – with no funds in the budget. Residents are required to contribute to costs. Damage to naturestrip near indented bays. Street trees limit the space available. Residents’ perception that they ‘own’ the parking bays outside their home.

‘No Parking’ signs on one side of street.

Inexpensive($110 per sign) - can be accommodated in existing budget. Clarifies acceptable parking locations & provides for through traffic lane.

Motorists may disobey restrictions. Limits available parking outside residents’ homes. Perception that cars will be damaged if parked on the street. Aesthetics.


Treatment Advantages Disadvantages Linemarking of parking bays.

Inexpensive ($220 for 15 bays) - can be accommodated in existing budget. Clarifies acceptable parking locations & provides for through traffic lane.

Motorists may park outside designated areas. Limits available parking outside residents’ homes. Perception that cars will be damaged if parked on the street. Aesthetics.

In order to ensure access along roads of less than 6.8 metres where there is a significant amount of parking occurring, an alternative measure to address parking issues may be to consider signage or linemarking in consultation with adjacent residents.

3. CONSULTATION

Previously, public consultation has been conducted as part of the adoption of the Retrofitting Indented Parking Bays – Interim Policy. This Policy has been discussed at three Council meetings and an Issues Briefing.

Discussions have been held with relevant internal departments as part of this report.


Council is continuing to improve safety and amenity for the community. The evaluation of the request for an alternative parking arrangement to retrofitting indented car parking involves balancing the need for access, parking and amenity for residential streets.


The cost for changing the kerb profile from a barrier type kerb and channel to rollover kerb and channel with a concrete plinth at the back of kerb has been estimated as follows:

(1) $180 to $200 per metre for a 500mm plinth

(2) $220 to $240 per metre for a 1 metre plinth

The additional cost of installing a 300mm diameter drain where stormwater is currently directed to the kerb and channel is approximately $120 per metre.

No allowance for this type of work has been made in the 2011/12 budget.



Formalising parking within the street encourages consideration for neighbours and access to their properties while allowing some freedom of choice regarding the location of parked vehicles.


The proposed actions are consistent with ‘Healthy, Connected Communities’ ensuring community safety by providing structured parking in local streets. This provides a safe place to live where members of the community (residents and visitors) demonstrate consideration for others.

8. CONCLUSION

The use of rollover kerb and channel in place of retrofitting indented parking bays will not necessarily have less impact on the streetscape or reduce the cost to the community. Consequently, improved amenity in one element (parking) may be detrimental to another (trees).

Roads wider than 7.2 metres have adequate width to cater for parked cars on both sides of the road with a 3 metre wide through lane and do not require rollover kerb for partial off road parking.

For roads narrower than 7.2m, the rollover kerb and plinth option is possible, but will impact on naturestrips, street trees, and drainage facilities. Naturestrips may be damaged by vehicles encroaching onto the naturestrip instead of staying on the plinth. The installation of the concrete plinth adjacent to street trees would damage tree roots as most trees are within 3 metres of the kerb.

Each street would also need a drainage assessment to ensure adequate capacity for stormwater to avoid flooding issues.

The cost to replace the existing barrier kerb and channel for a street is relatively high as is the cost for indented parking bays. There is no funding available for these type of treatments in the current budget.

For a typical street such as Tinarra Court, the cost of replacing the kerb and channel on both sides of the road is in the order of $89,000. Replacing the kerb on one side of the road is approximately $53,400.

Signage or linemarking may be considered as an alternative measure to ensure through access in consultation with residents.

Replacing infrastructure in good condition is not a cost efficient option given that the parking issues may be alternatively addressed using signage or linemarking. A rollover kerb and plinth should only be considered if residents are willing to contribute to costs and the protection of street trees, naturestrip and drainage infrastructure can be achieved.


9. CONFIDENTIALITY

There are no issues of confidentiality associated with this report

COUNCIL RESOLUTION MOVED: CR. COOPER SECONDED: CR. COSSARI

That this matter be deferred to allow -

a. Council to seek a legal opinion as to whether any legal liability exists for Councillors and Council officers in the event of property loss due to fire, or injury or death of a resident, should an emergency or other vehicle not be able to travel down Tinarra Court, Wantirna South if two vehicles were parked opposite each other (parking restrictions or not), and leaving less than the prescribed 3.0m clearance distance prescribed by the Road Rules – Victoria; and

b. officers to provide further information such as:

(i) length of roads in Knox that are 6.8m wide or less;

(ii) advantages of safety to residents to be included in the report;

(iii) costing of 750mm wide plinth;

(iv) draft revision of the Retrofitting of Indented Parking Bays Interim Policy to reflect the use of rollover kerb and plinth outside residential properties where a safety concern has been demonstrated.

PROCEDURAL MOTION

MOVED: CR. PEARCE SECONDED: CR. MORTIMORE

That Councillor Cooper be permitted an extension of time to speak under Clause 47 of the Meeting Procedure and Use of Common Seal Local Law 2008. CARRIED


A Division was called by Councillor Cooper For the motion: Councillor Cooper, Councillor Cossari Against the motion: Councillor Gill, Councillor Pearce, Councillor

Van de Vreede, Councillor McMillan, Councillor Walter, Councillor Mortimore

LOST 2:6 MOVED: CR. VAN DE VREEDE SECONDED: CR. WALTER

That this matter be deferred to allow officers to provide further information such as:

(i) length of roads in Knox that are 6.8m wide or less;

(ii) advantages of safety to residents to be included in the report;

(iii) costing of 750mm wide plinth;

(iv) draft revision of the Retrofitting of Indented Parking Bays Interim Policy to reflect the use of rollover kerb and plinth outside residential properties where a safety concern has been demonstrated.

CARRIED

328 COUNCIL – ENGINEERING & INFRASTRUCTURE 23 August 2011

APPENDIX A

Rollover kerb and 0.5m plinth

Rollover kerb and 1m plinth

Rollover kerb and 2.4m indented parking bay

Through lane

Car 1.9m

Car 1.9m

6.3m Typical

6.3m Typical

Barrier kerb

Car 1.9m

Car bay 2.4m Through lane >3m

6.3m Typical

Through lane

Car 1.9m

Car 1.9m

Rollover or Barrier kerb

Rollover Kerb and Plinth on Both Sides

Rollover Kerb and Plinth on One Side

Indented Parking Bay

Rollover kerb and 0.5m plinth

329 COUNCIL – COMMUNITY SERVICES 25 October 2011 PURSUANT TO SECTION 79 OF THE LOCAL GOVERNMENT ACT 1989 (THE ACT), COUNCILLOR MORTIMORE DECLARED AN INDIRECT INTEREST PURSUANT TO SECTION 78 OF THE ACT 1989 IN ITEM 9.1 ON THE GROUNDS THAT HE IS AN OFFICE BEARER OF THE BASIN MUSIC FESTIVAL ASSOCIATION INC.

COUNCILLOR MORTIMORE VACATED THE CHAMBER AT 8.53PM PRIOR TO DISCUSSION ON ITEM 9.1 COUNCILLOR VAN DE VREEDE VACATED THE CHAMBER AT 8.53PM PRIOR TO DISCUSSION ON ITEM 9.1 COUNCILLOR GILL VACATED THE CHAMBER AT 8.53PM PRIOR TO DISCUSSION ON ITEM 9.1 COUNCILLOR VAN DE VREEDE RETURNED TO THE CHAMBER AT 8.55PM DURING DISCUSSION ON ITEM 9.1

ALL WARDS

9.1 2011-12 COMMUNITY DEVELOPMENT FUND RECOMMENDATIONS

SUMMARY: Community Resources Officer (Deb Robert)

This report presents the recommendations of the 2011-12 Community Development Fund (CDF) Evaluation Panel for grant allocations to community groups for 2011/12.

RECOMMENDATION

That Council

1. Adopt the recommendations of the 2011-12 Community Development Fund Evaluation Panel regarding the allocation of 2011/12 grants as provided in Appendix A of this report; and

2. Approve the proposed grant cheque presentation by the Mayor and Councillor Panel representatives at an evening function on Wednesday 16 November 2011.

1. INTRODUCTION

The Community Development Fund (CDF) is a Council funded grants program providing project-specific grants to locally focused, ‘not-for-profit’ organisations involving and supporting Knox community members.

Funding applications of up to $20,000 are considered for projects that support progress towards the Knox Vision 2025, particularly in relation to the desired outcomes of any of the nine community wellbeing pillars identified in the Knox Community Health and Wellbeing Strategy 2009-2013.

330 COUNCIL – COMMUNITY SERVICES 25 October 2011 9.1 2011-2012 Community Development Fund Recommendations

(cont’d)

The allocation of CDF grants aims to encourage and support one-off or short term projects. The grants program does not fund capital works (e.g. structural building improvements), projects which are primarily fundraising events and activities that are clearly the responsibility of another level of government.

Applications received through the CDF grants process provide an indication of the needs, aspirations and interests of a diverse range of community organisations in Knox.

Themes identified in this year’s CDF grants applications reflected:

• Gardens and environmental projects as a means of bringing communities together;

• Growth and social change in sports clubs in Knox; • Volunteer recognition, support and participation; • Support for children’s activities and play environments, including

intergenerational activities; and • Growing partnerships and collaborations.

An amount of $224,310 is the 2011-12 budget allocation for CDF grants, with an additional amount of $33,642 carried forward from 2010-11 uncommitted Ward Contingency funds. The Ward Contingency Funds Policy specifies that unspent funds in a given year be rolled over into the Community Development Fund for allocation to the community through the grants process.

Consequently there was a total of $257,952 to allocate to successful applications in the 2011-12 assessment process.

2. DISCUSSION

2.1 Program Rationale

The CDF grants contribute to a broader community strengthening program that also includes annual operational funding to a range of key community agencies providing valued services in Knox, notably Knox SES, Knox Infolink, Bridges Connecting Community and Knox Historical Society.

The CDF is an effective way for Council to engage with a cross section of community organisations and to encourage and support local activities that enhance life for people in Knox.

2.2 Application and Assessment Process

Promotion of the 2011-2012 CDF program began in May 2011 and provided opportunities for liaison with potential new applicants through an expression of interest process and a series of daytime and evening information sessions at the Knox Civic Centre.


(cont’d)

A notable innovation this year, in response to community expectation, was the availability of on-line applications. The on-line facility is provided through the SmartyGrants service established by the not-for-profit organisation OurCommunity and the Australian Institute of Grants Management. The SmartyGrants service has been established in consultation with local councils to meet the online requirements of both grant providers and grant applicants.

The eight week submission period opened on 1 June 2011 and closed at midnight on 27 July 2011.

A total of 81 applications were received, of which all applications were considered eligible for assessment. The total amount requested by the 81 applicants is $552,145.

Assessment of the grant applications was conducted by the 2011-2012 CDF Evaluation Panel, (the Panel), comprising Councillors Andrew Walter and Adam Gill, community representatives Colin Fletcher and Amanda Steele and staff representatives Mandy Roche, Co-ordinator - Community Strengthening and Deb Robert, Community Resourcing Officer.

The assessment process included:

1. An initial review by Council Officers regarding eligibility and provision of all required information;

2. Registered mail letters sent to applicants on requiring any outstanding information to be provided within ten days;

3. Consultation with relevant Council Officers to confirm and/or clarify any issues regarding particular Council programs or strategies addressed by specific projects;

4. Individual assessment and scoring of applications by each of the Panel against the criteria reflected in the CDF guidelines provided to all applicants. For details of the criteria see Appendix C;

5. Preliminary ranking of all eligible projects by the average score from the Panel as starting point for Panel discussion and deliberation; and

6. Review of all applications by the Panel at three meetings held between 12 and 19 September 2011, at which the proposed funding allocations for each project were discussed and determined.

The final recommendations took into account the merit of each project as conveyed in the application submitted and in relation to the agreed criteria. The Panel also considered the capacity of organisations to undertake proposed projects and whether alternative resourcing options might be available.


(cont’d)

Panel members are required to declare any conflict of interest in specific projects and where an interest was declared, Panel members do not score or vote on those projects or participate in discussions on recommendations for those specific projects.

2.3 Evaluation Panel Recommendations

The Evaluation Panel recommends that Council allocate the total available funds of $257,952 in grants to 54 of the projects submitted.

Of these successful projects 16 are recommended to receive a lesser amount than requested. In these cases, recommendations were based on the assessment of relative need, or where particular project components did not meet the CDF criteria or priorities, and where modified project outcomes were still achievable.

The recommended projects represent a broad range of local community activity in Knox, with 15 first time applicants predominantly sports clubs and early years playgroups.

A table listing the successful projects with both the amount requested and the grant amount recommended is attached in Appendix A.

A total of 27 projects have not been recommended for funding by the Evaluation Panel, based on both the initial ranking process and subsequent discussion at Panel meetings. The Panel’s recommendations took into account the level of clarity in demonstrating need and conveying project objectives, the extent to which projects could be funded or supported through other avenues and the extent of benefit to Knox residents.

Several of the unsuccessful projects were considered to be promising but requiring further development. There were also a number of projects requesting larger grant amounts but without a demonstrated benefit to the Knox community.

A table listing the projects not recommended for funding with the amount requested is attached in Appendix B.

3. CONSULTATION

The intent of the CDF is to be accessible to as broad a range of community organisations in Knox as possible. The promotion process for the CDF included the mail out of program guidelines to 230 registered groups, posters distributed to at least 30 public locations, wider mail notification to groups in the community directory and high visibility on Council’s website including Twitter and Facebook.


(cont’d)

Four information sessions were offered during May and June 2011. The sessions were conducted by Council’s Community Resourcing Officer and covered the purpose of the CDF program, the application process and general discussion regarding proposed projects. Approximately 70 people attended the sessions and a number of other organisations sought individual meetings with Council Officers.

The CDF Evaluation Panel effectively involves consultation and collaboration between Councillors, community representatives and Council staff to bring a range of perspectives and skills to the application assessment process.


A number of the recommended projects will contribute to the enhancement of the physical environment of specific community facilities and the amenity of specific local environments in Knox.


Council’s budget for 2011-2012 provides an allocation of $224,311 for the Community Development Fund with the additional amount of $33,642 carried forward from Ward Contingency funds in 2010-2011.

It is the recommendation of the Panel that the total available funds of $257,952 be committed.


The CDF grant program facilitates engagement between Council and a diverse range of community groups, strengthening existing relationships, broadening understanding and initiating new collaborations.

Grants offered through the CDF complement the information and training support provided through the Knox Community Skills Program. Both programs contribute to the broader objective of building the capacity of local groups to be self-sustaining and viable.

The projects recommended will benefit and engage a wide cross-section of the Knox community and provide opportunities for many community service organisations and residents, both as service providers and participants, to enhance community wellbeing.


A specific objective of the Council Plan 2009-2013 is Community Wellbeing – “to improve the health and wellbeing of the Knox community and support opportunities for community members to participate in a vibrant community life.”


(cont’d)

To assist in achieving this objective, Council has developed the Knox Community Health and Wellbeing Strategy 2009-2013 (the Strategy).

Applicants to 2011-2012 Community Development Fund were requested to identify which of the nine pillars for community wellbeing articulated in the Strategy was relevant to their project.

CDF projects recommended for 2011-2012 funding also enable for the delivery of objectives under other Council strategies and plans such as the: • Access & Inclusion Plan 2011-2015; • Healthy Ageing Strategic Plan 2009-2013; • Municipal Early Years Plan 2011-2015; • Knox Youth Plan 2005-2009; and • Sustainable Environment Strategy 2001-2018.

8. CONCLUSION

The CDF is an important resource to assist Council’s role in building and supporting local community capacity and enhancing quality of life. It is a tangible means of acknowledging and supporting local organisations with their ideas, activities and services that benefit Knox residents.

The projects recommended for funding in 2011-2012 represent a range of activities in Knox, and will support a diverse cross-section of the Knox community.

They include projects that reflect specific, local priorities of community organisations operating in Knox as well as projects with broader relevance across the municipality. The funding of projects through the grants program is a clear reflection of Council’s partnership objectives with the community and provides an opportunity to respond to specific needs.

Successful and unsuccessful applicants will be notified promptly, subject to Council’s resolution, and the accountability procedures for new grants will be established.

Successful applicants are required to sign project specific service agreements and will be committed to the provision of relevant project reporting and acquittal forms.

Unsuccessful applicants will be offered feedback on their applications and given an opportunity to discuss options for alternative funding that may be available locally or from other levels of government.


(cont’d)

It is proposed that Council host a function in the early evening of Wednesday, 16 November 2011, for the presentation of cheques to the successful applicants, and that the Mayor (or nominee) present the cheques, as in previous years. Attendance will be by invitation only as numbers are limited. Invitations will be sent to successful applicants, Councillors, Executive Management and relevant Council Officers.

The CDF Evaluation Panel will meet in February 2012 for its annual reflection on the current grants program and to consider potential improvements to streamline processes for the year ahead. At that time the Panel will also provide input for the scheduled review of the Community Development Fund Policy which will be referred to Council in 2012.

9. CONFIDENTIALITY


COUNCIL RESOLUTION MOVED: CR. WALTER SECONDED: CR. PEARCE

That Council

1. Adopt the recommendations of the 2011-12 Community Development Fund Evaluation Panel regarding the allocation of 2011/12 grants as provided in Appendix A of this report; and

2. Approve the proposed grant cheque presentation by the Mayor and Councillor Panel representatives at an evening function on Wednesday 16 November 2011.

CARRIED

336 COUNCIL – COMMUNITY SERVICES 25 October 2011 APPENDIX A – 2011-12 Community Development Fund Grant Recommendations Applications Recommended for Funding

Organisation Name Project Name Amount requested

$ Approved

Anchor Foster Care (Anchor Incorporated)

Foster Mums are Super Mums – documentation of the achievements and learnings of local foster mothers.

$13,960 $9,000

Anchor Inc. Knox Kinship Carer Network – support group for extended family members caring for children in Knox.

$13,000 $11,845

Bayswater Bowls Club Guy Turner Calendar – community groups around the reserve

$3,500 $3,500

Bayswater Park Cricket Club

Bayswater Cinema Under The Stars $20,000 $12,000

Bayswater Volunteer Fire Brigade

Enhancing the capability of Bayswater Fire Brigade – equipping new truck

$20,000 $20,000

Blue Hills Playgroup Cubby House Upgrade $2,000 $2,000

Boronia Bowls Club Safety at Work and Play – outdoor setting with umbrellas

$8,277 $1,800

Boronia Callisthenics College

Lockable storage to improve safety, security and amenity

$1,958 $1,958

Boronia Junior Soccer Club

Portable Soccer Goals $5,320 $5,320

Boys Brigade 33rd Victoria Boronia

Longevity and Healthy Living through Recreation and Keeping Fit

$1,835 $1,835

Care Connect Spectrum Connections Autism Spectrum Disorder (ASD) Family Support Group

$4,565 $4,565

City of Knox District Scouts

Scouts in Schools in Knox 2012 $10,613 $10,613

Coonara Community House

Coonara Urban Harvest Swap Market $1,301 $1,301

Country Fire Authority Scoresby

Scoresby Hose-layer Ground Monitor replacement project

$4,180 $4,180

Eastern Raptors Rugby League Club

Inaugural Club Uniforms - including jersey, shorts and socks

$12,650 $6,000

Eastern Raptors Rugby League Club

Club laptops for administrative support and governance

$1,196 $1,196

Equiknox Inc. Supplementary funding for children with additional needs in Knox preschools.

$2,000 $2,000

Ferntree Gully Arts Society Inc

Youth Award Exhibition –encouraging young artists to exhibit

$1,665 $1,665

337 COUNCIL – COMMUNITY SERVICES 25 October 2011


$ Approved

Flamingo Preschool Inc Providing More Challenging Gross Motor Experiences at Flamingo

$1,755 $1,755

Flamingo Preschool Inc Catering for increasing cultural diversity in Knox

$1,143 $1,143

Interchange Outer East Sports Week 2012 $2,000 $2,000 Interchange Outer East Interchange Outer East Conference

2012 –speakers and networking opportunities to build community understanding and connection.

$5,000 $5,000

Interchange Outer East New Families Project – encouraging new families to participate in family support network

$13,530 $6,000

Knox City Football Club Mixed Juniors Equipment Upgrade $8,200 $5,000 Knox Emergency Relief Network (project lead: Knox Infolink)

Knox Community Christmas Support 2011

$14,812 $14,812

Knox Multiple Birth Association Inc.

Twins & Multiples In School Resource Pack – pilot project information kit

$3,930 $3,930

Knox Stroke Survivors Support Group

Zoo Visit $1,200 $1,200

Knox T.O.W.N Club Inc. Laptop computer purchase $1,200 $1,200 Knoxfield Three Year Old Pre-School

The path to learning - the journey begins

$2,000 $2,000

Martin Luther Homes Boronia

I use ipad and I can communicate – encouraging use of new technology for people in aged care

$1,293 $1,293

Melbourne Steam Traction Engine Club

Provision of Materials for restoration projects at the museum site in Scoresby

$8,772 $8,772

Melbourne Steam Traction Engine Club Inc

Scoresby Steamfest – festival of steam engine machines

$4,324 $4,324

Mountain District Learning Centre

Community Mapping in Ferntree Gully – updating community networks and connections

$4,400 $4,400


A Year in Ferntree Gully – photography project to document community activity in Mountain Gate area.

$5,025 $4,000

Murrindal Family Centre Playgroup

Murrindal Playgroup builds an outdoor oasis

$8,006 $7,000

Narana Program Mind Australia

Healing Harvest – vegetable gardening for mental health service

$9,050 $7,000

Orana Neighbourhood House

Support for Parents of teenagers with 21 century issues

$4,135 $4,135



$ Approved

Park Crescent Children and Family Centre Committee (PCCFCC)

"Picking Peas with Pa"- Gardening with Roots and Shoots, cross-generational community garden

$20,000 $15,000

Personalised Lifestyle Assistance

Portable PA Equipment for PLA community workshops

$1,861 $1,861

Rotary Club of Bayswater Inc

The 2012 Knox Art Show - 38th year $5,000 $3,000

Rowville and District Neighbourhood House Inc

What's Happening @ Our House –extending Friday night social evenings pilot program at neighbourhood houses as alternative to gambling

$16,557 $14,898

Rowville Netball Club Inc Uniform Upgrade for Juniors $2,000 $2,000 Rowville Uniting Church Rowville Uniting Church Toddler Gym $6,305 $3,000 Society of St. Vincent de Paul, Ferntree Gully Conference

St. Vincent de Paul Senior Citizens' Lunch

$1,000 $1,000

St Jude's Youth Group St Jude's Youth Group Self Suffiency Project – secure storage lockers and equipment for youth group

$4,000 $4,000

St Simon the Apostle Parish

St Simons Parish Hall Furniture Refurbishment

$4,688 $3,465

St Thomas Anglican Church, Upper Ferntree Gully

Connections Playgroup $2,164 $2,164

Studfield Wantirna Community News

Building team skills at Studfield Wantirna News – training and attendance at conference

$1,985 $1,985

Temple Society Australia (TSA)

"Oma and Opa's Kitchen" – cross generational cooking activities

$5,795 $5,795

The Basin Community House Inc.

Celebration of Volunteers at The Basin Community House – event to acknowledge local volunteers

$1,100 $1,100

The Basin Music Festival Association Inc

The Basin Music Festival $5,000 $5,000

University of the Third Age Knox

Seniors Week 2012 U3A Knox Events $2,000 $2,000

Villa Maria White Road Gardening Group $1,943 $1,943 Welcoming Bayswater Street Party Working Group

Welcoming Bayswater Street Party 2012

$6,615 $4,000

TOTAL $315,808 $257,952

339 COUNCIL – COMMUNITY SERVICES 25 October 2011 APPENDIX B - 2011-12 Community Development Fund Grant Recommendations

Unsuccessful Applications


Coonara Community House Coonara Community Cookbook $1,971

Rotary Club of Boronia Aboriginal Sports Scholarships $2,000 Knox Community Health Service

Coolibah Crescent Edible Garden $13,600

Templeton Orchards Three Year Old Preschool Inc.

Educational Learning Experiences $3,690

Halcyon Psychiatric Disability Rehabilitation and Support Service

65 and Livin' it up $5,760

Knox City Cricket Club First Aid Training and Equipment $4,470 Blue Hills Pre School Blue Hills sustainability project $8,473 Knox Community Health Service

Mothers Living Well "Sharing our journey" video project

$9,500

Greater Eastern Primary Health Ltd

Living and loving life! $16,476

Stride Foundation Limited Towards Sustainable Cultural Change in Schools through Professional Development

$19,175

Women's Health East Investing in Women - Building a Socially Inclusive East

$6,000

The Anglican Parish of Ferntree Gully and Rowville

RAFT Children's Playground Project $16,000

Transition Knox Chesterfield Farm Community Garden $17,042 Rotary Club of Boronia Infolink Fridge $3,520

Chinese Association of Victoria Incorporated (CAV)

Chinese arts and music festival $5,000

Chinese Community Social Services Centre Inc.

Promotion & improvement of Mental Well-being among Chinese-speaking people

$19,988

Golden Memories Karaoke Golden Memories $19,000

Civil Celebrations Network Incorporated

Community Memorial Services $2,000


Community Newspaper Website $4,633

Knox and District Toy Library Keep the Knox Toy Library Young $7,300

VCAMM Ltd Community Fab Lab Program $20,000 Knox Inter-faith Network Inc The Golden Rule $6,750



Chinese Association of Victoria Incorporated

CAV 30th Anniversary commemorative Magazine

$10,000

Probus Club of Boronia Club Communications (Monthly Publication Minutes/Bulletin)

$2,000

Dandenong Ranges Tourism Refurbishment of Office $2,000

Hungarian Community Center Dance Group (HCCDG)

Obtain Qualified Hungarian folk dance teacher

$8,370

Swinburne Buddhist Society Small Scholarships to Accommodate Old People towards Life Long Learning

$2,000

TOTAL $236,718

341 COUNCIL – COMMUNITY SERVICES 25 October 2011 APPENDIX C - 2011-12 Community Development Fund Grant Recommendations

SUMMARY OF 2011-12 COMMUNITY DEVELOPMENT FUND ELIGIBILITY CRITERIA Applicants need to: Provide direct services or support or benefit to people living in the City of Knox. Be ‘not for profit’, that is, does not exist to make money other than to keep the

group going. Be incorporated or under the auspice of another incorporated organisation. Have a Committee of Management or similar that can accept responsibility for a

grant. Have an Australian Business Number or be prepared to fill out a ‘Statement by

Supplier’ declaration form from the Australian Taxation Office. Proposed project must: Target a demonstrated need within the community in Knox; this need can be

social, recreational, cultural, economic or other; Clearly support one of the nine pillars of Knox Community Health and Wellbeing

Strategy 2009-2013. Have well-defined outcomes and be clear about what is to be achieved; Clearly indicate why financial support from Council is needed and what other

sources of funding your organisation receives, from Council or other sources; Be able to start and finish within twelve months of receiving the grant, however if

proposed for longer than twelve months’ duration, be divided into 6-month phases and be able to show that the project can be self-supporting by the end of the project period;

Not be primarily fund-raising events Not be for capital works, such as fixed playground equipment or major structural

building improvements; Not be an activity that Council regards as the responsibility of another level of

government, for example, activities/services within the state school system or the public hospital system.

342 COUNCIL – CORPORATE DEVELOPMENT 25 October 2011

COUNCILLOR GILL RETURNED TO THE CHAMBER AT 8.52PM AFTER THE VOTE ON ITEM 9.1 AND PRIOR TO DISCUSSION ON ITEM 10.1 COUNCILLOR MORTIMORE RETURNED TO THE CHAMBER AT 8.53PM AFTER THE VOTE ON ITEM 9.1 AND PRIOR TO DISCUSSION ON ITEM 10.1

ALL WARDS

10.1 2012 COUNCIL MEETING TIMETABLE

SUMMARY: Acting Manager – Governance (Carrie Bruce)

This report recommends and seeks to adopt Council meeting dates for the 2012 calendar year.

RECOMMENDATION

That Council

1. Confirm the 2012 Council meeting timetable as follows:

Strategic Planning Committee Ordinary Council Tuesday, 24 January 2012

Tuesday, 14 February 2012 Tuesday, 28 February 2012 Tuesday, 13 March 2012 Tuesday, 27 March 2012 Tuesday, 10 April 2012 Tuesday, 24 April 2012 Tuesday, 8 May 2012 Tuesday, 29 May 2012 Tuesday, 12 June 2012 Tuesday, 26 June 2012 Tuesday, 10 July 2012 Tuesday, 24 July 2012 Tuesday, 14 August 2012 Tuesday, 28 August 2012 Tuesday, 11 September 2012 Tuesday, 25 September 2012 Tuesday, 9 October 2012 Tuesday, 23 October 2012 Tuesday, 13 November 2012 Tuesday, 27 November 2012 Tuesday, 11 December 2012 Tuesday, 18 December 2012

Statutory Meeting of Council Wednesday, 7 November 2012

All meetings will commence at 7.00pm except for the Ordinary Council meeting on 18 December 2012, which will commence at 5.00pm.

2. Authorise the Chief Executive Officer to undertake all statutory requirements in regards to the calling of scheduled meetings of Council.

1. INTRODUCTION

Council has previously adopted a meeting schedule up to the end of 2011. It is now appropriate to set a timetable for 2012 in accordance with the Council Meeting Structure Policy (Policy No. 2003/26).

343 COUNCIL – CORPORATE DEVELOPMENT 25 October 2011 10.1 2012 Council Meeting Timetable (cont’d)

2. DISCUSSION

In accordance with the Council Meeting Structure Policy, Council operates a monthly meeting cycle utilising the following format:

• Strategic Planning Committee Meetings every second Tuesday of the month

• Ordinary Council Meetings every fourth Tuesday of the month

Based on the policy the following meeting dates are proposed for the 2012 calendar year:

Strategic Planning Committee Ordinary Council

Tuesday, 24 January 2012 Tuesday, 14 February 2012 Tuesday, 28 February 2012 Tuesday, 13 March 2012 Tuesday, 27 March 2012 Tuesday, 10 April 2012 Tuesday, 24 April 2012 Tuesday, 8 May 2012 Tuesday, 29 May 2012 Tuesday, 12 June 2012 Tuesday, 26 June 2012 Tuesday, 10 July 2012 Tuesday, 24 July 2012 Tuesday, 14 August 2012 Tuesday, 28 August 2012 Tuesday, 11 September 2012 Tuesday, 25 September 2012 Tuesday, 9 October 2012 Tuesday, 23 October 2012 Tuesday, 13 November 2012 Tuesday, 27 November 2012 Tuesday, 11 December 2012 Tuesday, 18 December 2012


The May Ordinary Council Meeting is scheduled for the fifth Tuesday to allow Councillors/Executive staff an opportunity to attend the Local Government Managers Australia National Congress to be held between 20 and 23 May 2012.

Given that municipal general elections will be held on Saturday, 27 October, 2012, it is proposed that the Statutory meeting of Council to swear in the new Council and elect the Mayor be held on Wednesday, 7 November 2012. This will allow sufficient time for the declaration of the poll to occur and for Councillors-elect to familiarise themselves with Council meeting procedure.

All meetings will commence at 7.00pm except for the Council meeting on 18 December, 2012 which will commence at 5.00pm.

It is important to note that the proposed Council meeting dates may be amended by resolution of Council if necessary.


3. CONSULTATION

The recommendations in this report are consistent with the policy adopted by Council at its meeting on 14 July 2009.

In preparing this schedule, consideration has been given to the following scheduled Public Holidays for 2012 and confirmed Local Government Conferences for 2012.


There are no environmental/amenity issues associated with this report.


There are no financial implications associated with this report.


Council meetings provide interested people within the community an opportunity to participate in local democracy. Participation provides a greater understanding of council’s decision making process and promotes open and transparent government.


An effective meeting structure assists Council in delivering its vision, mission and strategies set out in the Knox City Council Plan.

8. CONCLUSION

This report formalises the Council meeting schedule for 2012 and enables Councillors and staff to plan accordingly. Additional Special Meetings may be called from time to time. This will be undertaken in conjunction with the Mayor and Chief Executive Officer and in accordance with the Local Government Act and the Meeting Procedure and Use of Common Seal Local Law respectively.

9. CONFIDENTIALITY



COUNCIL RESOLUTION MOVED: CR. COSSARI SECONDED: CR. WALTER

That Council

1. Confirm the 2012 Council meeting timetable as follows:

Strategic Planning Committee Ordinary Council Tuesday, 24 January 2012 Tuesday, 14 February 2012 Tuesday, 28 February 2012 Tuesday, 13 March 2012 Tuesday, 27 March 2012 Tuesday, 10 April 2012 Tuesday, 24 April 2012 Tuesday, 8 May 2012 Tuesday, 29 May 2012 Tuesday, 12 June 2012 Tuesday, 26 June 2012 Tuesday, 10 July 2012 Tuesday, 24 July 2012 Tuesday, 14 August 2012 Tuesday, 28 August 2012 Tuesday, 11 September 2012 Tuesday, 25 September 2012 Tuesday, 9 October 2012 Tuesday, 23 October 2012 Tuesday, 13 November 2012 Tuesday, 27 November 2012 Tuesday, 11 December 2012 Tuesday, 18 December 2012


2. All meetings will commence at 7.00pm except for the Ordinary Council meeting on 18 December 2012, which will commence at 5.00pm.

3. Authorise the Chief Executive Officer to undertake all statutory requirements in regards to the calling of scheduled meetings of Council.

AMENDMENT

MOVED: CR. MORTIMORE SECONDED: CR. COLE That the Council Meeting day be changed to a Wednesday for 2012. AMENDMENT LOST THE ORIGINAL MOTION WAS PUT AND CARRIED

346 COUNCIL – CORPORATE DEVELOPMENT 25 October 2011 COUNCILLOR WALTER VACATED THE CHAMBER AT 9.08PM DURING DISCUSSION ON ITEM 10.2

ALL WARDS

10.2 UPDATED DRAFT KNOX CENTRAL ADVISORY COMMITTEE TERMS OF REFERENCE


This report presents to Council an updated draft Terms of Reference for the Knox Central Advisory Committee for endorsement by Council.

RECOMMENDATION

That Council adopt the updated Terms of Reference for the Knox Central Advisory Committee as shown at Appendix A.

1. INTRODUCTION

Council adopted the Terms of Reference for the Knox Central Advisory Committee on 9 November 2010. Since that time, Council has reviewed and adopted a revised Council Committees Policy (25 January 2011) which has resulted in significant changes to provisions within the standard Terms of Reference, particularly in relation to the conduct and interest provisions.

2. DISCUSSION

Amendments are proposed to the Terms of Reference for the Knox Central Advisory Committee to reflect the most recent provisions of the Council Committee Policy. These amendments are outlined briefly below and highlighted fully in the revised draft Terms of Reference shown at Appendix A. • Delegated Authority and Decision Making (Clause 4) – clause two of this

section has been updated to reflect current policy and legislative requirements.

• Chair (Clause 6) – this section has effectively been replaced with the minimum standard adopted by Council in the Council Committee Policy.

• Conflict and Interest Provisions (Clause 9) – this section has been re-written following amendments to legislation and reflects current policy and legislative requirements.

• Contact with the Media (Clause 12) – this is a new clause and has been inserted in accordance with current Council policy.

• Meals (Clause 14) – this clause has been updated to reflect a change in the name of the relevant Council policy.

No other amendments are proposed other than reformatting the document to reflect Council’s current template.

347 COUNCIL – CORPORATE DEVELOPMENT 25 October 2011 10.2 Revised Draft Knox Central Advisory Committee Terms of Reference

(cont’d)

3. CONSULTATION

This is an administrative update only to the Terms of Reference. No additional consultation has been undertaken.


There are no environmental or amenity issues associated with this report.


There are no financial or economic implications associated with this report.


There are no social implications in relation to this administrative update.


The appointment of Councillor and community representatives to Council committees fosters an increased level of engagement with the community and encourages greater participation in local government.

8. CONCLUSION

It is recommended that Council endorse the updated draft Terms of Reference for the Knox Central Advisory Committee as shown in Appendix A.

9. CONFIDENTIALITY


COUNCIL RESOLUTION MOVED: CR. GILL SECONDED: CR. COSSARI

That Council adopt the updated Terms of Reference for the Knox Central Advisory Committee as shown at Appendix A. CARRIED


APPENDIX A

TERMS OF REFERENCE

KNOX CENTRAL ADVISORY COMMITTEE (KCAC)

Directorate Office of Chief Executive Officer

Responsible Officer

Director – Knox Central Project

Committee Type

Advisory Committee

Approval Date:

9 November 2010

Review Date:

31 October 2012

1. PURPOSE

The primary purpose of the Knox Central Advisory Committee is to advise Council on positioning its interests as part of the Knox Central Partnership/Alliance.

Knox City Council has two clear and distinct roles in the delivery of Knox Central:

1. Representing its own interests as a key stakeholder in the Knox Central Partnership/Alliance; and

2. Representing and enabling the project (the Program Executive team).

3. OBJECTIVES

The objectives of the Advisory Group are to:

• Provide clear and informed advice to Council on all relevant aspects of the Knox Central Program and on matters referred to it by Council;

• Provide advice and direction to Council to enable Council and the Executive to represent Knox’s interests as part of a Knox Central Planning Alliance;

• Provide advice to Council primarily through external advisors on Council’s position regarding partnership options and major projects/property transactions and corporate finance/development investment;

349 COUNCIL – CORPORATE DEVELOPMENT 25 October 2011 2. OBJECTIVES (CONT’D)

• Oversee the development and implementation of effective governance, probity and risk management processes to protect Council’s interests in the Knox Central program; and

• Facilitate communication to and from key investors, internal and external stakeholders and the broader community within the organisation in relation to the Knox Central program having regard to Council’s Community Engagement Framework.

3. MEMBERSHIP, PERIOD OF MEMBERSHIP AND METHOD OF APPOINTMENT

The Committee will comprise the following voting members:

• Knox Councillors (x5) to be determined annually by Council; and

• Representatives of the private sector and/or relevant State Government agencies with appropriate expertise (up to 4).

The Committee will be supported by Council officers nominated by the CEO. These staff will provide the Committee with project management and administrative support as well as specific advice in relation to the Knox Central Development and Investment Program.

External membership appointments will be for a maximum period of two years.

External Committee members shall be appointed by Council following a public expression of interest process. Council reserves the right to directly approach prospective external representatives. All applications shall be assessed according to relevant skills and experience based on selection criteria.

A sitting fee may apply for External Committee members. External Committee members will be required to enter into an agreement with Council requiring effective participation on the Committee.

In addition to the external committee members, Council may assemble a group/panel of additional external specialist consultants/experts. The Committee may, at its discretion, request the engagement of specialist consultants to attend meetings and provide services as required to achieve its objectives. Such consultants/experts should include, but not be limited to, the following disciplines:

• Major projects management and evaluation (including experience in advising on Public/Private Partnerships and other forms of procurement and project delivery);

• Commercial financial, investment planning and project cost management;

• Property development, valuation and due diligence;

• Audit – financial, risk, governance, probity and legal; and

350 COUNCIL – CORPORATE DEVELOPMENT 25 October 2011 3. MEMBERSHIP, PERIOD OF MEMBERSHIP AND METHOD OF APPOINTMENT

(CONT’D)

• Various technical disciplines such as but not limited to: Hydrological Survey, Transport, Building Services, Utilities & Civil Infrastructure Planning, Strategic Planning, Environmental Health & Wellbeing, Social Planning & Ecologically Sustainable Development (ESD).

Consultants shall be appointed in accordance with Council’s Procurement Policy.


The Committee will act in an advisory capacity only. The Committee has no delegated authority to make decisions as if it were Council.

In accordance with section 76E of the Local Government Act 1989, a Councillor must not improperly direct or influence a member of Council staff in the exercise of any power or in the performance of any duty or function.


The Advisory Committee will meet as a minimum quarterly for approximately two hours. In summary, meetings will:

• Commence on time and conclude by the stated completion time;

• Be scheduled and confirmed in advance with all relevant papers distributed (as appropriate) to each member;

• Encourage fair and reasonable discussion of each other’s views;

• Focus on the relevant issues at hand; and

• Provide advice to Council as far as possible on a consensual basis.

The Advisory Committee may if deemed necessary and appropriate, schedule additional meetings to achieve its objectives.

Members may be called upon to provide advice to the Committee between scheduled meetings.

6. CHAIR

The position of Chairperson shall be reviewed annually immediately following Councillor appointments to committees. Where there is more than one Councillor the chair is to be agreed upon between Councillors. When this cannot be achieved, the Mayor of the day shall determine the chair. A committee may determine, with consent of the Councillor representative/s, to appoint another member other than the Councillor representative/s as Chairperson.

351 COUNCIL – CORPORATE DEVELOPMENT 25 October 2011 6. CHAIR (CONT’D)

If the Chairperson is not present at a meeting, any other Councillor shall be appointed Chairperson. In the absence of any other Councillor representative/s, the committee members shall appoint a Chairperson for the purpose of conducting the meeting. The committee must advise the Governance Team of the name of the chairperson within one week of appointment. These details will then be updated on the intranet.


Minutes must contain details of the proceedings and resolutions made, be clear and self explanatory, and incorporate relevant reports considered at the meeting.

Minutes will be provided to the Chair for approval before being distributed, and be formally endorsed at the subsequent meeting.

Agendas and minutes will be circulated by the responsible officer to members in a timely manner, but not less than 48 hours prior to the time fixed for holding the subsequent meeting.

8. VOTING

Councillors and External Committee members will have voting rights. Staff will provide advice to the Committee only and have no voting rights. In the event of an equality of votes, the Chair has a second vote.

9. CONDUCT AND INTEREST PROVISIONS








Meetings of an Advisory Committee may potentially form an Assembly of Councillors. When this occurs, Councillors and officers are required to comply with the conflict of interest provisions as set down in the Local Government Act 1989.

352 COUNCIL – CORPORATE DEVELOPMENT 25 October 2011 9. CONDUCT AND INTEREST PROVISIONS (CONT’D)

Where a Councillor or officer declares a conflict of interest in relation to a matter in which the committee is concerned, they must disclose the interest to the committee before the matter is considered or discussed at the meeting. Disclosure must include the nature of the relevant interest and be recorded in the minutes of the meeting. The member must leave the room while the matter is being considered and may return only after consideration of the matter and all votes on the matter. Where an External Committee member has an interest or a Conflict of Interest (as defined in the Local Government Act) in relation to a matter in which the committee is concerned, or is likely to be considered or discussed, the External Committee member must disclose the matter to the Committee before the matter is considered or discussed. Disclosure must include the nature of the relevant interest or conflict of interest and be recorded in the minutes of the meeting. It will be at the discretion of the Chairperson if the External Committee member remains or leaves the room whilst the matter is discussed, and this must also be recorded in the minutes of the meeting. When a disclosure is made by an External Committee member and that member is normally entitled to vote, the member shall refrain from voting if they remain in the room whilst the matter is being considered. Where a meeting is identified as an Assembly of Councillors, staff must complete a Record of Assembly of Councillors form. Where a Conflict of Interest is identified by a Councillor or staff member at an Assembly of Councillors, the relevant Conflict of Interest form must also be completed. Forms should be forwarded to the Manager – Governance within 5 working days of the meeting. This information will be published at the next available Ordinary Council Meeting.

10. REPORTING

As a minimum, the Advisory Committee will be required to report to Council on an annual basis in line with stated objectives and should reflect the objectives and performance measures of the Committee.


The primary area responsible for the provision of administrative support will be the Knox Central Project Team. Assistance will be provided by other staff as required.


Contact with the Media by members of the Committee will be conducted in accordance with the Councillor and Staff Media Policies. External Committee members should defer any media enquiries to the Chairperson in the first instance and should take care not to respond as a representative of the committee.

353 COUNCIL – CORPORATE DEVELOPMENT 25 October 2011 13. REVIEW DATE

The Terms of Reference will be reviewed on 31 October 2012.

14. MEALS

The provision of refreshments during the course of an Advisory Committee meeting will be in accordance with the Meals and Beverages for Council Committees Policy.


ALL WARDS

10.3 VICTORIAN LOCAL GOVERNMENT WOMEN’S CHARTER


This report provides an overview of the activities of the Women’s Participation in Local Government Coalition and presents to Council the Victorian Local Government Women’s Charter for consideration.

RECOMMENDATION

That Council

1. note the activities of the Women’s Participation in Local Government Coalition and its efforts to highlight more active citizenship for women; and

2. endorse the Victorian Local Government Women’s Charter as shown in Appendix A.

1. INTRODUCTION

The Women’s Participation in Local Government Coalition (WPILGC) is a non-party political Coalition of eight key state-wide local government peak community and philanthropic organisations, women councillors and individual women. It was formed in 1996 with the goal to work towards the equal participation of women and men in local governments in Victoria.

In December 2003, the then Minister for Local Government, the Hon. Candy Broad MLC, launched the Victorian Local Government Women’s Charter (‘the Charter’), an initiative of WPILGC and unique to Victoria. The Charter is consistent with state, national and international protocols which highlight equal rights and opportunities as central to good local governance and has attracted widespread support having been endorsed by the Municipal Association of Victoria (MAV), Victorian Local Governance Association (VLGA) and WPILGC. To date, the Charter has also been endorsed by 52 Victorian Councils.

The WPILGC has invited Council to formally consider and endorse the Charter. It is considered particularly timely that Council articulate its position in relation to the Charter in the lead up to the 2012 municipal elections thus demonstrating its commitment to promoting the importance of participation by women in the democratic process. A copy of the Charter is shown at Appendix A.

2. DISCUSSION

The Charter recognises the value of increased women’s participation in the key decision making forums in the community and in democratic governance and is underpinned by the following principles:

355 COUNCIL – CORPORATE DEVELOPMENT 25 October 2011 10.3 Victorian Local Government Women’s Charter (cont’d)

Gender Equity

• That women and men have an equal right to be representatives in local governments, committees and decision-making positions.

Diversity

• The inclusion of different experiences and perspectives in local governments and community decision-making strengthens local democratic governance and helps build cohesive communities. Councils and communities encourage and welcome the participation of all women.

Active Citizenship

• Local governments will work with the community to increase the numbers and participation of women in public life, so that decision-making more clearly represents and reflects the interests and demographics of communities.

In terms of addressing the principles of the Charter, Knox currently undertakes the following activities:

• The White Ribbon Organisation works toward preventing male violence against women and Council actively participates in White Ribbon Day activities and events;

• Women’s Health East – Working in partnership, providing training and providing development for Council’s staff and Councillors on Gender Equity;

• The Council’s Economic Development Unit hosts a Women’s Business Breakfast on a quarterly basis, encouraging and supporting the leadership of women in the local economy;

• A significant number of women participate on Council’s Advisory Committees providing a variety of opportunities for the development of leadership and decision making capabilities;

• As an organisation, the Council’s Enterprise Agreement encourages flexible working practices to support employment opportunities for women;

• Council’s Community Engagement Policy encourages gender variety across the municipality in how the Council consults and includes people in decision making;


• In 2010, the Year of Women in Local Government, Knox City Council hosted a Breakfast, and participated in many activities and events held throughout the year;

• Of significance is the work being undertaken by the Community Health and Wellbeing Department. An overview of some of their programs include:

o In development, is a survey to gain an understanding within the community of existing knowledge of violence again women;

o Provision of training for young women aged between 16-25 years wishing to learn advocacy skills who are currently in a volunteer role supporting other young people, caring for a sibling or parent or who may have a disability;

o Council will take the lead in December 2011 in a three year State Government project aimed at prevention of violence against women in our community.

3. CONSULTATION

The Charter was developed in consultation with representative organisations of the WPILGC including the Local Government Professionals (LGPro), MAV, Victorian Immigrant and Refugee Women’s Coalition, VLGA, Victorian Women’s Trust, Women’s Electoral Lobby Victoria, Women’s Planning Network and the Young Women’s Christian Association (YWCA) (Victoria).


There are no environmental or amenity issues associated with this report.


There are no financial implications imposed on Council by adopting this Charter.


The Charter recognises the value of increased women’s participation in the key decision making forums in the community and an opportunity to participate in local democracy.

The adoption of the Charter provides Council and the community with an opportunity to acknowledge that equal opportunities are central to good local governance.



Knox Council Plan 2009-2013 (2010 Update) clearly outlines through its Key Focus Areas the intention to ensure that Council services respond to changing needs and government policy.

Council’s Strategic Objectives in relation to Healthy, Connected Communities and Culturally Rich and Active Communities outline a commitment to improve the health and wellbeing of the Knox community and support opportunities for community members to participate in a vibrant community.

For Council to consider the endorsement of the Charter, provides Council with the opportunity to highlight the importance of women’s participation in democratic processes.

8. CONCLUSION

Endorsing the Victorian Local Government Women’s Charter provides a practical opportunity for Council to highlight women’s participation in public life at a local State and national level.

9. CONFIDENTIALITY


COUNCIL RESOLUTION MOVED: CR. MORTIMORE SECONDED: CR. GILL

That Council

1. note the activities of the Women’s Participation in Local Government Coalition and its efforts to highlight more active citizenship for women; and

2. endorse the Victorian Local Government Women’s Charter as shown in Appendix A.

CARRIED

358 COUNCIL – CORPORATE DEVELOPMENT 25 October 2011 APPENDIX A – Women’s Charter


ALL WARDS

10.4 ANNUAL REPORT 2010-11

SUMMARY: Manager – Finance (Angelica Marshall) Manager – Corporate Planning and Performance (Kerryn Ellis)

Council’s Annual Report 2010-11 (www.knox.vic.gov.au) has been presented to the Minister for Local Government in accordance with the Local Government Act 1989, and is now presented to Council for consideration.

RECOMMENDATION

1. That Council consider and receive the Annual Report 2010-11 as presented to this meeting in accordance with Sections 131 and 134 of the Local Government Act 1989; and

2. That the Annual Report 2010-11 be made available via Council’s web site, customer service centres and libraries.

1. INTRODUCTION

Section 131 of the Local Government Act 1989 requires Council to prepare and approve an Annual Report containing:

a) a report of its operations during the financial year b) audited standard statements for the financial year c) audited financial statements for the financial year d) a copy of the performance statement prepared under section 132 e) a copy of the report on the performance statement prepared under

section 133 f) any other matter required by the regulations.

At its meeting of 23 August 2011, Council received the final 2010-11 status report of actions to achieve the Annual Plan of 2010-11. This report forms the basis of the Annual Report for presentation to the Minister for Local Government. Council at its meetings of 23 August 2011 and 13 September 2011 also approved in principle the year-end Financial and Standard Statements and the Performance Statement in advance of the Auditor-General’s consideration.

Unqualified final audit reports on the Performance Statement, Financial Statements and Standard Statements were received from the Auditor General on 14 September 2011 and the Annual Report was submitted to the Minister for Local Government by 30 September 2011, in accordance with the requirements of the Local Government Act 1989.

http://www.knox.vic.gov.au/�

360 COUNCIL – CORPORATE DEVELOPMENT 25 October 2011 10.4 Annual Report 2010-11 (cont’d)

Once submitted to the Minister for Local Government, Section 134 of the Local Government Act requires Council to consider the Annual Report at a meeting of Council as soon as practicable.

Council has given public notice that the Annual Report has been prepared and can be inspected, and that it is to be considered at the Ordinary Meeting of the Council scheduled for 25 October 2011.

2. DISCUSSION

In addition to fulfilling statutory obligations, the report of Council’s performance for the year 2010-11 provides an opportunity to report to the Knox community about Council services and initiatives during the year. The Annual Report continues to be produced in an electronic format only, with the Annual Report for 2010-11 produced in a video and interactive website format, available through the Knox City Council website or USB (on request). The report is structured in several sections:

Introduction: includes Council’s Vision, Values, the Mayor and CEO messages, information about Council and Councillors and the organisation.

Strategic and Organisation Objectives Sections: highlights performance and activity on the Council Plan 2010-2011 Objectives (Themes). This section also provides information on Council performance against Key Initiatives set in the Budget 2010-11.

Other Information: captures annual statutory reporting requirements including the Capital Works Program, Councillor meeting attendance, organisation composition, health and wellbeing of staff, National Competition Policy compliance, documents for inspection, audit operations and local government performance indicators.

Performance Statement: this is the statement prepared under Sections 132 and 133 of the Act and reports specifically on Council’s performance against targets set in the Annual Plan section of Council’s Budget 2010-11. The Performance Statement has received an unqualified report from the Auditor-General’s Office.

Financial Statements: contains the financial statements as well as a guide to assist readers to understand their nature and content. These statements have received an unqualified report from the Auditor-General’s Office.

Standard Statements. These statements have received an unqualified report from the Auditor-General’s Office.

The Annual Report has been made available via Council’s website and at Customer Service Centres and libraries for inspection prior to this meeting and will be available on the night of the Council meeting.


3. CONSULTATION

Under Sections 131 and 134 of the Local Government Act 1989, Council is required to advertise that the Annual Report 2010-11 will be considered at an open meeting of Council after the Report has been submitted to the Minister. This has taken place and the Annual Report is now available from Council Customer Service Centres, libraries and Council’s website.


Information about Council’s achievements and aspirations in relation to the environment are contained in the Annual Report 2010-11.

Producing the report in interactive website and video format saves significant paper resources and printing costs.


An overview of Council’s financial performance is presented in the Annual Report 2010-11. In the Annual Report, there is a guide for the reader on how to understand the detailed financial report which includes audited Financial and Standard Statements.

The financial position of Council is a healthy one and the financial position has been passed without qualification by the Victorian Auditor-General’s Office.


Information about Council’s achievements and aspirations in relation to the community and social impacts are contained in the Annual Report 2010-11. This includes Council’s ongoing engagement with the community, and initiatives highlighted within the objectives of the Council Plan 2009-13.


The Annual Report 2010-11 sets out Council’s performance in each of the objectives of the Council Plan 2009-2013.

The audited Performance Statement details the specific results achieved against the Key Strategic Activities and targets set for 2010-11.

8. CONCLUSION

The Annual Report 2010-11 is a key mechanism for Council to provide performance information to the Knox community, as well as meeting statutory requirements. It provides information about Council’s achievements and progress, as well as detailed information about the financial performance of Council.


The Annual Report will be distributed to key organisations and agencies and will be made available through Council’s website, Customer Service Centres and Libraries.

9. CONFIDENTIALITY


COUNCIL RESOLUTION MOVED: CR. PEARCE SECONDED: CR. COSSARI

1. That Council consider and receive the Annual Report 2010-11 as presented to this meeting in accordance with Sections 131 and 134 of the Local Government Act 1989; and

2. That the Annual Report 2010-11 be made available via Council’s web site, customer service centres and libraries.

CARRIED

363 COUNCIL – ITEMS FOR INFORMATION 25 October 2011

ALL WARDS

11.1 WORKS REPORT AS AT 7 OCTOBER 2011

SUMMARY: Coordinator – Capital Works (Gene Chiron)

The Works Report shows projects on Council’s Capital Works Program and indicates the status of each project as at 7 October 2011.

RECOMMENDATION

That the works report for October 2011 be received and noted.

1. INTRODUCTION

This report summarises progress on Council’s Capital Works Program for the 2010/2011 financial year. The aim of this report is to provide a regular and succinct status summary of each project over the last month. The Capital Works Report, as of 7 October 2011, is attached as Appendix A.

COUNCIL RESOLUTION MOVED: CR. COLE SECONDED: CR. PEARCE

That the works report for October 2011 be received and noted. CARRIED


APPENDIX A 001 Bridges Renewal Program $57,000

Current program to be finalised by late October 2011. New condition audit currently being conducted by the Assets Department to establish future works.

004 High Risk Road Failures $500,000

Program set to commence mid October 2011. 007 Road Surface Renewal Program $4,173,756

Asphalt contract is let and scheduled to commence on the 11 October. Concrete works are progressing well in preperation for the asphalt program.

008 Drainage Pit and Pipe Renewal Program $1,889,000

Program still running behind schedule due to weather. Works have recently been completed at Kanooka Road, Wantirna and are currently taking place in Philippa Road, Boronia.

009 Footpath Renewal Program $2,900,000

Program progessing on schedule with 15% expended and 30% committed.

010 Bicycle / Shared Path Renewal Program $857,000

Tender being advertised on Saturday 1 October and closes on the 18 October. Contract 1906 is scheduled to begin end of October 2011.

011 Information System Plan Implementation $392,000

Laptops and desktops deployment is currently underway. New backup software purchased.

365 COUNCIL – ITEMS FOR INFORMATION 25 October 2011 016 Building Renewal Program $1,589,000

Program is 15% committed/expended with 10% budget expended - works commencing and/or nearing completion over the month of October include FWKerr Preschool - external painting; Marie Chandler MCHC - internal painting; Alchester Village MCHC - internal/external painting; Tormore Toilet Block/Scoreboard - toilet refurbishment, internal/external painting; Knox Community Arts Centre - DDA retrofitting, replacement of internal light fittings and floor recoating; Stud Park Tennis Pavilion - external painting.

017 Playground Renewal Program $455,800

Resident letters and surveys are being prepared for consultation in October. Online surveys to be made available also.

024 Car Park Renewal Program $201,000

Tender being advertised on Saturday 1 October and closes on the 18 October. Contract 1906 is scheduled to begin end of October 2011.

025 Plant & Machinery Replacement Program $2,123,500

Program under way with 10% of funds expended and 20% of funds committed.

026 Street Tree Replacement Program $610,000

First stage of Streets to be included in program have been advised through survey/letter drop. Second stage of streets currently being confirmed.

031 Stamford Park Redevelopment $120,000

Council's Strategic Planning Team is preparing documents for the Stamford Park Planning Scheme Amendment, which is on track to begin a public exhibition process in the week commencing 10 October. Documents for the planned subdivision of land at Stamford Park into three allotments in preparation for the sale of the residential allotment are being prepared.

366 COUNCIL – ITEMS FOR INFORMATION 25 October 2011 043 Shade Sails for Family and Children's Services Facilities $60,000

Purchase orders raised for works at Rowville, FW Kerr, Wattleview, Knox Gardens preschools and Birchfield child care centre, with additional fencing at Rowville preschool.

055 Corhanwarrabul Creek Trail (To Dandenong Creek) - Shared Path $50,000

Design works only. To be undertaken in consultation with Parks Victoria and Caribbean Gardens management.

070 Dog Related Signage $20,000

Design is underway to upgrade the existing dog park at Bunjil Way to be completed by 31 October 2011. Works to be completed by 31 March 2012.

082 Drainage Upgrades - Ongoing Customer Response $151,911

Awaiting on documentation from contractor to start construction. 100 Open Space Fencing Replacement $8,710

Liaison underway with VicTrack for replacement of vandilised fencing at Boronia.

102 Major Reserves Conversion to Warm Season Grass $175,000

Preparing design for preliminary works to be undertaken at Fair Park and Dodson Reserves.

104 Roadside Furniture Renewal Program $39,000

Program is progressing well with 65% expended and the retaining wall in Ferndale Road UFTG recently completed.

138 Wantirna Mall Place Management Design Implementation $980,910

Lighting installation contract expected to be completed by late October. Awaiting service authority to connect shops and commission the underground power. Civil contract works well underway with rear car park completed and 40% of promenade concreted. Main carpark works commenced.

367 COUNCIL – ITEMS FOR INFORMATION 25 October 2011 147 Energy & Greenhouse Program for Council Facilities $82,000

Project scoping completed. Some works have begun with a retrofit of external lighting at Knox Community Arts Centre to LED canopy lights.

229 Building Code Australia Compliance $241,678

New program being developed.

236 Warm Water Facility - Construction. $58,276

Anti-slip coating of tiled concourse completed with ramp design completed. Quotations being sought.

248 Boronia Park Landscaping Implementation Stage 3 $500,000

Scope being reviewed with Melbourne Water (including investigations into improving retarding basin capacity). Project timelines extended to allow community engagment activity to occur.

256 The Basin Triangle Landscape Implementation Stage 2 $116,965

Quotes received for design and project management of signals. Successful consultant has now been appointed.

257 Liberty Avenue Reserve Master Plan Implementation Stage 1 & 2 $300,000

Currently seeking quotes to stage the construction into 2 packages to meet this financial years budget of $300K for stage 1 works.

259 Ferntree Gully Village: Development of Design Plan $200,000

Engineering survey and concept design complete.

266 Tim Neville Arboretum Toilet - Design $290,000

New location confirmed. Detailed design progressing.

289 CSR Quarry Reserve - Implementation Stage 3 $398,617

All tender documents have been prepared. The tender will be made public in early November.

368 COUNCIL – ITEMS FOR INFORMATION 25 October 2011 299 Tulip Crescent - Reconstruction $276,323

Works 95% complete. Minor cleanup and linemarking to be carried out.

304 Walker Reserve Oval - Renewal $51,948

Works completed with topdressing to occur in November. 310 Egan Lee Reserve - Floodlighting Installation $200,000

Meeting held with club and final design signed-off.

316 Stud Road, Rowville - Sunshine Street to Timbertop Drive - Footpath $10,000

Awaiting advice from developer as to when he has had the fenceline will be surveyed.

317 Mowbray Drive, Wantirna South LATM - Stage 1 Design $84,160

Works complete. 318 Bike Storage - Various Locations $30,000

Survey currently out to residents and traders asking for suggestions for locations of bicycle hoops.

327 Karoo Reserve - Site Development $45,000

Design documents complete. Quotation documents to be prepared. 330 Lantana Court - Site Development $15,000

Works to Lantana Court Reserve have commenced. 337 eServices $60,000

SharePoint Project Officer position has been filled on a 12 months limited tenure to deliver project.

369 COUNCIL – ITEMS FOR INFORMATION 25 October 2011 342 Kings Park Storm Water Harvesting - Stage 2 $99,642

Pipe installed from Quarry to tank site except for section on VicTrack land. Tank completed but, awaiting VicTrack approval.

343 Eildon Park Storm Water Harvesting - Stage 2 $314,595

Works have commenced on site.

345 Asbestos Removal $100,000

Works commenced and on schedule with 45% expended.

347 Miscellaneous Industrial Roads - Pavement Rehabilitation $391,845

Program set to commence by the end of October, in line with the Road Resurfacing Program.

349 Guy Turner Reserve Pavilion Upgrade $457,677

Works are due for completion 7 October.

353 Avalon/Stamford/Stud Road Intersection Modification $116,000

Further detailed community consultation is required. To be deferred pending resolution of Stud Park Structure Plan.

355 Eastern Recreation Precinct - Indoor Sports Stadium $13,464,839

Structural Steel completed. Wall cladding underway. Dura Panel installation has commenced in the show court. Sports flooring delivered and installation to commence shortly.

356 Eastern Recreation Precinct - Civil Works $5,492,247

George Street widening complete and awaiting practical completion inspection. Soccer pitches awaiting inspection by stakeholders before placing on maintenance. Pavilion area works well underway.

357 Eastern Recreation Precinct - Soccer Pavilion $446,800

Landscaping works currently underway between pavilion and soccer pitches. Main electrical switchboard to site installed and connected on 23 September.

370 COUNCIL – ITEMS FOR INFORMATION 25 October 2011 358 Eastern Recreation Precinct - Synthetic Soccer Pitches $254,037

Final grooming of west pitch and clean up works are currently occuring.

362 Knox Gardens Tennis Court Reinstatement - Stage 2 $89,000

Quotations close 7 October 2011.

363 Local Area Access Program (LAAP) Knox Central Bike Connections $7,651

Seats have been received for installation throughout Knox Central precinct.

365 Boronia Reserve - Boronia Radio Controlled Car Club Clubroom - Design $72,200

Detailed design progressing.

367 Gilbert Park Pavilion Upgrade (Knox Softball Association) - Consultation & Design $39,600

Awaiting further consultation with Leisure and Recreation.

369 Carrington Park Reserve Sports Pavilion Upgrade - Consultation & Design $240,025

New design development received. Awaiting feedback from clubs. 372 Lewis Park Skate Bowl $78,036

Works to commence after September school holidays. Trials to test the most appropriate concrete compounds for repairs to cracks and uneven surfaces currently in progress.

375 Ambleside Park Masterplan Implementation $5,000

Project is complete. 376 Murrindal Playroom Extension (Stage - One) $227,647

Work progressing well, expected completion by mid October.

371 COUNCIL – ITEMS FOR INFORMATION 25 October 2011 377 Eildon Parade Playroom Extension - Construction $627,800

Developed design received. Awaiting feedback from stakeholders. 378 Taylors Lane Playroom Extension - Construction $562,800

Developed design received. Awaiting feedback from stakeholders. 385 Cavell Street - Pram Crossing $30,000

School is currently developing a new layout for access which will dictate crossing location.

387 Local Road Safety Initiatives - 5 Various locations $20,032

Construction of splitter islands and reconstruction of speed cushions in Bridgewater Way scheduled for early 2012.

393 Tirhatuan Drive (No 18) Rowville - Drainage Design $230,747

Meeting with Melbourne Water and the Education Department has conlcuded in agreement as to how to proceed. Melbourne Water computations have been forwarded to Council for review.

396 Batterham Park - Storm Water Harvesting Design/Construct $410,000

Tender advertised closing mid October. 399 McKay Road - Reconstruction $392,091

Works 80% complete with final asphalt layer deferred until Norris Road contract reaches a similar stage.

400 Norris Road - Reconstruction $489,601

Contract works well underway with drainage in and 40% of kerb poured.

401 Raymond Road - Reconstruction $

Works 90% complete with final asphalt layer deferred until Norris Road contract reaches a similar stage.

372 COUNCIL – ITEMS FOR INFORMATION 25 October 2011 404 Highmoor Avenue Reconstruction $160,000

Tender awarded and awaiting documentation prior to contractor commencing. Contract combined with Pine Road, Bayswater.

405 Pine Road - Reconstruction $380,599

Contract awarded and awaiting documentation prior to contractor commencing. Contract combined with Highmoor Road, Bayswater.

406 Knox Park Athletics Track $165,750

Resurfacing works partially completed and deferred to early December due to adverse weather conditions. Track re-opened for training and Little Athletics use. Awaiting funding advice from club so as to clarify scope of the terracing works.

408 Batterham Reserve No 2 - Renovation $250,000

Currently assesing tenders. 409 Parks Furniture Renewal $115,000

Scoping of works now complete. Additional spectator seating (Netball Centre) and 2 drinking fountains with dog dishes ordered. Awaiting quotation for furniture required at Knox Park Dog Club, Tim Neville Arboretum, and shared path seating requests. Furniture ordered and expected arrival late October with installation expected before Christmas.

410 Parks Signage Renewal $40,000

All signage installed. Program complete. 411 BBQ Renewal $15,000

New units installed at Bayswater Park. Project complete. 412 Water Sensitive Urban Design Renewal $150,000

Scoping has commenced.

373 COUNCIL – ITEMS FOR INFORMATION 25 October 2011 413 Wicks Reserve Bio-Infiltration Basin $140,268

Contract works complete. Park furniture installed with signage in the design stage.

415 Wellington Road / Eastlink - Shared Path $389,400

Cultural & Heritage study complete. Melbourne Water has provided required levels for two bridges (One Council, one Linking Melb Authority). Design of path and bridges can now proceed.

416 Rocco Drive, Scoresby - Drainage Design $20,000

Preparing concept design for Council works. Melbourne Water carrying out improvement works within the floodway.

417 Waverley Christian College Footpath and Footbridge Installation $

Due to adverse weather and delays with equipment - contractor now due to start onsite in mid October 2011. Bridge fabricated and sitting in contractors yard.

418 Guy Turner Reserve Masterplan Implementation $85,000

Commenced project scoping and internal & external consultation. Surveys prepared and sent out to community. Community meeting held 24 September and feedback currently being assessed.

419 Marie Wallace Oval - Bench Seating $40,000

Works awarded to Aluminium Seating Specialists and due to be completed early December 2011.

420 Marie Wallace Oval - Gate Entry Upgrade $5,000

Quotes about to be called. 421 Marie Wallace Oval - Terraced Seating $100,000

Quotations closed on 7 October 2011 and being assessed.

374 COUNCIL – ITEMS FOR INFORMATION 25 October 2011 422 Marie Wallace Oval - Coach Boxes $75,000

Prefabricated coaches boxes indentified for purchase. 423 Marie Wallace Oval - Utility Service Upgrade $155,000

Detailed design underway. 424 Marie Wallace Oval - Floodlighting $195,000

Lighting design completed. Footing design underway. 426 Coonara House upgrade $21,142

Awaiting revised design for ramp. 427 Knox Community Arts Centre Upgrade (Stage One) $303,401

Revised works progressing. Due for completion end of October. 429 Coonara Community School Building Compliance $47,000

Minor works to be completed during September holidays. 430 The Haven Guide Hall - Drainage Upgrade $30,000

Service locations being proven to verify design. 431 Michael Street, Scoresby - Reconstruction $520,000

Detailed design of project complete. 432 Della Street, Scoresby - Reconstruction $125,000

Detailed design of project complete. 433 Leslie Avenue, Boronia - Reconstruction $300,000

Project design underway.

375 COUNCIL – ITEMS FOR INFORMATION 25 October 2011 434 Burston Road, Boronia - Reconstruction $300,000

Project design underway. 435 Gordon Crescent, Boronia - Reconstruction $160,000

Project design underway. 436 Burwood Hwy, FTG, Service Road - Design $15,000

Design due to commence in March 2012. 437 Boronia Road, Wantirna, Service Road - Design $20,000

Design due to commence in March 2012. 438 Egan Lee Reserve - Design & Renovation $215,000

Works tendered. 439 Rowville Recreation Reserve No 1 - Renovation Design $15,000

Design commenced. 440 Ferntree Gully Reserve Terracing Construction $30,200

Work scheduled to commence February 2012. 441 Tim Neville Arboretum Masterplan Implementation $205,000

Consultation with stakeholders is underway to determine priorities for Aboretum as identified in Master Plan. Investigations into replacing lighting with grid tied solar LED lighting which may reduce power consumption by up to 75%.

442 Local Area Traffic Management Scheme Landscape Renewal $65,000

Quotations requested from three landscaping companies for LATMs in Carrington estate Rowville. Contractors slow getting in quotes making it inapropriate to plant this time of year. Will seek quotations in February 2012 for June installations.

376 COUNCIL – ITEMS FOR INFORMATION 25 October 2011 443 Reserves Paths Renewal $25,000

Internal consultation complete. Work to begin late 2011 when ground conditions are dry.

444 Colchester Reserve - Floodlight Design/Installation $272,000

Design underway. 445 Rowville Reserve - Floodlight Design/Installation $200,000

Design underway. 446 Orana Neighbourhood House - Design & Construction $205,000

Review of scope of works underway. 448 Traffic Hotspot Treatment Program $50,000

List of sites & treatments currently being developed. 449 Erica Avenue, Boronia - Pedestrian Crossing Design $5,000

Survey completed and design awarded to CPG Pty Ltd. 450 High Street Road - Bus Stop Connection $18,000

Installation scheduled for November 2011. 451 Springfield Road - Bus Stop Connection $6,000

Installation scheduled for February 2012. 452 Bayswater Park - Passive Open Space Reinstatement $200,000

Consultation with community will commence in October to determine scope of works.

453 Arthur Kleinert Reserve - Masterplan Implementation $190,000

Tenders have closed and are currently under review. Works commencing mid October - early November.


454 Doysal Avenue, Lording Street, Alexander Crs, F T Gully Drain Design $12,500

Concept design has commenced. 455 Parks Crescent, Cypress Avenue, Boronia - Drainage Upgrade $250,000

Preliminary assessment to be undertaken and community engagement strategy to be developed in conjunction with Boronia Park.

456 Knowledge Management $60,000

Business Systems Analyst position has been filled on a 12 months limited tenure to project manage works.

457 Lewis Park - Pavilion Upgrade Design $15,000

Awaiting briefing as to the scope of works. 458 Ferntree Gully Reserve - Stormwater Harvesting Design $25,000

Detailed design due end October. 459 1825 Ferntree Gully Road Drainage - Design $115,000

Consultant appointed and is working on the design. 460 Straughan Close - Drainage Upgrade $35,000

Melbourne Water have given in principle approval to concept plan. Finalising design of drainage upgrade proposal.

461 Reservoir Crescent Rowville, Dam Repair $0

Dam safety specialist consultant appointed and preliminary investigations now completed. Water level reduced to mitigate risk of dam breaching and concept solution discussed on site. Meeting with Parks Victoria to occur to discuss options to reduce the catchment of the dam. Project costings to be finalised shortly.

378 COUNCIL – ITEMS FOR INFORMATION 25 October 2011 462 Coonara Stone Cottage Stabilisation Works $40,000

Engineer has been briefed. Scope of works being finalised. 463 High Street Road School Crossing Relocation $0

Urgent school crossing relocation works, required to improve safety for pedestrians and crossing supervisor. Works completed for new school term. Cost being assessed.

464 Ferntree Gully Road Footpath - Koornang Road to Janine Street $69,877

VicRoads are to fund Council to undertake the works on the missing section of footpath on Ferntree Gully Road which was not completed as part of the VicRoads' FTG Road widening project.

465 Carrington Park Viewing Platform Reconstruction $15,000

Reconstruction of the Carrington Park viewing platform following destruction by fire.


ALL WARDS

11.2 ASSEMBLIES OF COUNCILLORS


This report provides details of Assembly of Councillors established under section 80A of the Local Government Act as required under section 80A(2) of the Act.

RECOMMENDATION

That Council

1. Note the written record of Assemblies of Councillors as attached to this report.

2. Incorporate the records of the Assemblies into the minutes of the meeting.

1. INTRODUCTION

Under section 80A(2) of the Local Government Act, the Chief Executive Officer must present a written record of an Assembly of Councillors to an ordinary meeting of Council as soon as practicable after an Assembly occurs. This written record is required to be incorporated into the minutes of the meeting.

Details of Assemblies of Councillors that have occurred between Monday 12 September 2011 and Sunday 9 October 2011 are attached to this report.

COUNCIL RESOLUTION MOVED: CR. COLE SECONDED: CR. COSSARI

That Council

1. Note the written record of Assemblies of Councillors as attached to this report.

2. Incorporate the records of the Assemblies into the minutes of the meeting.

CARRIED

380

RREECCOORRDD OOFF AASSSSEEMMBBLLYY OOFF CCOOUUNNCCIILLLLOORRSS (Section 80A Local Government Act)

Date of Assembly: 12/9/2011

Name of Committee or Group (if applicable):

Knox Central Advisory Committee Time Meeting Commenced:

6:00pm

Councillors in Attendance: Cr Sue McMillan Cr Adam Gill Cr David Cooper Cr Joe Cossari Cr Darren Pearce

Council Staff in Attendance: Graeme Emonson Samantha Mazer Angelo Kourambas Mark Holdsworth Jason Matthews Kim Rawlings Bob Denholm Matters Considered:

1. Overview of Knox Central at Three Months 2. Observations and Activity (commerciality, relationship management, identity) 3. Next 12 Months 4. Current Development Activities Update 5. Appointment of External Advisors Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest

Councillor Left Assembly While Matter Being Considered

381




Dinner Prior to Strategic Planning Committee Meeting Time Meeting Commenced:

6:10pm

Councillors in Attendance: Cr Sue McMillan Cr Joe Cossari Cr Darren Pearce Cr Mick Van de Vreede Cr Peter Cole Cr David Cooper Cr Adam Gill Cr John Mortimore

Council Staff in Attendance: Graeme Emonson Mark Dupe Ian Bell Angelo Kourambas Kerry Stubbings Kerry Ellis Kim Rawlings Matters Considered:

1. Housing Policy Update 2. Mayoral Ball Update 3. Boronia Structure Plan Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


382




Special Issues Briefing Meeting Time Meeting Commenced:

8:30pm

Councillors in Attendance: Cr Sue McMillan Cr Joe Cossari Cr Darren Pearce Cr Mick Van de Vreede Cr Peter Cole Cr David Cooper Cr Adam Gill Cr John Mortimore

Council Staff in Attendance: Graeme Emonson Mark Dupe Ian Bell Angelo Kourambas Kerry Stubbings Matters Considered:

1. Boronia Structure Plan Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


Yes/No Yes/No Yes/No

383




Knox Arts and Cultural Development Advisory Committee Time Meeting Commenced:

6:30pm

Councillors in Attendance: Cr John Mortimore

Council Staff in Attendance: David Blair Richard Mitchell Malcolm Russell Jules Kornaat Matters Considered:

1. Discussion concerning Performing Arts 2. Arts and Cultural Grants Scheme 3. Placemakers Program 4. Knox Festival 2012 5. Development of Arts & Cultural Plan Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest



384




Planning Consultative Committee Time Meeting Commenced:

6:00pm

Councillors in Attendance: Cr David Cooper Cr Peter Cole

Council Staff in Attendance: Denise Barth Renee Haddock Greg Kent Wilhelmina Knorr Matters Considered:

Three storey apartment building containing 39 dwellings and basement car park at 8 Genista Avenue and 1 Iris Crescent, Boronia Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest



385




Planning Consultative Committee Time Meeting Commenced:

7:00pm

Councillors in Attendance: Cr David Cooper Cr Sue McMillan

Council Staff in Attendance: Denise Barth Greg Kent Wilhelmina Knorr Matters Considered:

Application for the subdivision of land into three (3) lots and alterations to existing dwelling at 67 Rathgar Road, Lysterfield Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest



386




Environment Advisory Committee Time Meeting Commenced:

6:30pm


Council Staff in Attendance: James Rose Angelo Kourambas Sam Sampanthar Matters Considered:

1. Climate Change Response Plan 2. Revegetation Plan 3. Sustainable Environment Strategy 2011-2015 Action Plan Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest



387




Bicycle & Pedestrian Advisory Committee Time Meeting Commenced:

5:30pm


Council Staff in Attendance: David Yeouart Melissa Sparrow Winchelle Chuson Matters Considered:

1. Bike Path Signage Register 2. Coloured Bike Lanes 3. Bike Hoops – Public Consultation 4. Evens – Walk to Work, Walk to School and Ride to Work 5. Auditor-General’s Report – Developing cycling as a safe and appealing mode of transport Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest



388




Early Years Advisory Committee Time Meeting Commenced:

6:30pm

Councillors in Attendance: Cr Adam Gill

Council Staff in Attendance: Angela Morcos Melanie Williams Deb Moore Rhiannon Saward Matters Considered:

N/A

Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest



389




Housing Advisory Committee Time Meeting Commenced:

6:35pm

Councillors in Attendance: Cr John Mortimore Cr Sue McMillan

Council Staff in Attendance: Claire Anderson Angelo Kourambas Nicole Vickridge Paul Dickie Kathy Parton Sharon Barker Matters Considered:

1. Committee Terms of Reference 2. ‘Your Knox – Managing Future Housing Needs’ Project 3. Proposed Review of the Stud Park (Stage 2) Structure Plan 4. Eastern Regional Affordable Housing Alliance 5. Items from Last Meeting 6. Other Business Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest



390




Dinner Prior to Ordinary Meeting of Council

Time Meeting Commenced:

6:20pm

Councillors in Attendance: Cr Sue McMillan Cr Mick Van de Vreede Cr John Mortimore Cr David Cooper Cr Peter Cole Cr Joe Cossari

Council Staff in Attendance: Graeme Emonson Angelo Kourambas Mark Dupe Ian Bell Matters Considered:

1. Application for Development at 42 Birch Street, Bayswater


Type of Interest



391




Healthy Ageing Advisory Committee


5:30pm


Council Staff in Attendance: Fleur Cousins Paul Dickie Teresa Donegan Matters Considered:

1. Healthy Ageing Advisory Committee Terms of Reference 2. Interim Evaluation of the Knox Healthy Ageing Strategic Plan 3. Knox Seniors Festival 4. Amaroo Gardens Update 5. Forthcoming Consultations 6. Emerging Issues – Round Table Discussion


Type of Interest



392




Knox Affordable Housing Reference Group Time Meeting Commenced:

6:30pm

Councillors in Attendance: Cr John Mortimore Cr Sue McMillan

Council Staff in Attendance: Sharon Barker Rosie Tuck Claire Anderson Matters Considered:

1. Defining Affordable Housing and a Minimum Supply of Social Housing for Knox (draft report) 2. Affordable Housing Social Marketing 3. Eastern Affordable Housing Alliance 4. Report from Housing Advisory Committee Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest



393




Stamford Park Project Steering Committee


6:30pm

Councillors in Attendance: Cr David Cooper Cr Darren Pearce

Council Staff in Attendance: Graeme Emonson Angelo Kourambas Peter Kavan David Blair Matters Considered:

1. Updates to the Stamford Park Strategic Community Engagement Plan for forthcoming Planning Scheme Amendment and Subdivision process, and minutes of the Stamford Park Project Community Reference Group

2. Project Program 3. Draft risk assessment and matters to be addressed prior to expanding public access to the site 4. Capital Works including current status of the Corhanwarrabul Creek Shared Pathway project 5. Draft Scoping Plan for an Arts and Culture Business Plan for Stamford Park


Type of Interest



394




Issues Briefing


6:35pm

Councillors in Attendance: Cr Sue McMillan Cr Mick Van de Vreede Cr John Mortimore Cr David Cooper Cr Peter Cole Cr Joe Cossari Cr Darren Pearce Cr Adam Gill

Council Staff in Attendance: Graeme Emonson Paul Dickie Angelo Kourambas Justin Schroeder Kerry Stubbings Kerry Ellis Mark Dupe Claire Anderson Ian Bell Matters Considered:

1. Parking Provisions Review 2. Bayswater Car Parks 3. Planning Scheme Amendment C101 4. Your Knox – Managing Future Housing Needs 6. 13 Cullis Parade, Bayswater – Update 7. Forward Report Schedule 7. Future Call Up Item – General Discussion


Type of Interest



395




Knox Disability Advisory Committee


6:45pm

Councillors in Attendance: Cr John Mortimore Cr Sue McMillan Cr Peter Cole

Council Staff in Attendance: Amanda May Glenys McCarthy Amy Gough Matters Considered:

1. Arts Plan 2. Guide to Services Update 3. Leader Business Awards Update 4. Retrofitting Priorities 2012/13 5. KDAC Recruitment 2012-13 8. RIDE Expo 9. Ferntree Gully Eagles Junior Football Club and their FIDA Team 10. Report Back on Conferences/Meetings/Issues Attended Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest



396




2012-13 Leadership Workshop


9:05pm

Councillors in Attendance: Cr Sue McMillan Cr Mick Van de Vreede Cr John Mortimore Cr David Cooper Cr Darren Pearce Cr Joe Cossari Cr Andrew Walter Cr Adam Gill

Council Staff in Attendance: Graeme Emonson Craig Dinsdale Angelo Kourambas Kerryn Ellis Kerry Stubbings Angelica Marshall Mark Dupe Ian Bell Matters Considered:

1. Priorities for 2012-13 2. Long Term Financial Strategy 3. Service Planning 4. 2012-13 Capital Works 5. I.T. Update


Type of Interest



397 COUNCIL 25 October 2011

12. MOTIONS FOR WHICH NOTICE HAS PREVIOUSLY BEEN GIVEN

Nil.

13. SUPPLEMENTARY ITEMS

Nil.

14. URGENT BUSINESS

14.1 URGENT BUSINESS MOVED: CR. GILL SECONDED: CR. MORTIMORE That Councillor Gill be permitted to raise an issue of Urgent Business relating to Library Funding and Service Agreement CARRIED MOVED: CR. GILL SECONDED: CR. PEARCE

That Council :

1. Set aside the decision made on 26 July 2011 to ask the Eastern Regional Library Board not to sign the Library Funding and Service Agreement;

2. Support the Eastern Regional Library Board signing the Library Funding and Service Agreement; and

3. Support the proposal that the Eastern Regional Library Board write to the Minister of Local Government indicating that the Funding Agreement has been signed in good faith based on the Minister’s undertakings to implement a review of the funding model for Public Libraries into the future.

CARRIED

398 COUNCIL 25 October 2011

14.2 CALL UP ITEMS

14.2.1 FERDINAND VON MUELLER MOVED: CR. MORTIMORE SECONDED: CR. GILL

That a report be prepared for the February, 2012 Ordinary Meeting of Council that outlines any historical connection between Wicks Reserve, The Basin and Government Botanist Ferdinand von Mueller, with a view to the potential consideration of the Wicks Reserve Biofiltration system being officially named the ‘Ferdinand von Mueller Rain Garden’. CARRIED

15. QUESTIONS WITHOUT NOTICE

Nil.

MEETING CLOSED AT 9.20PM

Minutes of Meeting confirmed at the Ordinary Meeting of Council

held on Tuesday 22 November 2011

………………………………… Chairman