knox city councilrowville plan and highlighted that “vox pox” consultation had style occurred at...

KNOX CITY COUNCIL MINUTES

Ordinary Meeting of Council

Held at the

Civic Centre

511 Burwood Highway

Wantirna South On

23 April 2013

KNOX CITY COUNCIL

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

ON TUESDAY 23 APRIL, 2013 AT 7.00PM

PRESENT:

Cr K Orpen (Mayor & Chairperson) Dobson Ward Cr P Lockwood Baird Ward Cr J Mortimore Chandler Ward Cr J Cossari Collier Ward Cr A Gill Dinsdale Ward Cr T Holland Friberg Ward Cr D Cooper Scott Ward Cr D Pearce Taylor Ward Cr N Seymour Tirhatuan Ward Mr G Emonson Chief Executive Officer Dr I Bell Director – Engineering &

Infrastructure Mr A Kourambas Director - City Development Mr M Dupe Director – Corporate Development Ms K Stubbings Director – Community Services Mr R Thomas Manager - Governance

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

“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 23 April 2013 BUSINESS: Page Nos. 1. APOLOGIES AND REQUESTS FOR LEAVE OF ABSENCE

Nil

2. DECLARATIONS OF CONFLICT OF INTEREST

Nil 3. CONFIRMATION OF MINUTES

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

held on Tuesday 26 March 2013 CARRIED

MOVED: CR. COOPER SECONDED: CR. SEYMOUR 3.2 Confirmation of Minutes of Strategic Planning Committee Meeting

held on Tuesday 9 April 2013 CARRIED

4. PETITIONS AND MEMORIALS 4.1 Councillor Holland presented a petition with 68 signatories requesting

Council to install speed humps on Dobson Street, Ferntree Gully to ensure the safety of children and local residents.

The Petition lay on the table.

COUNCIL 23 April 2013 5. REPORTS BY COUNCILLORS

5.1

Committees & Delegates

1.

5.2

Ward Issues

4.

6. CONSIDERING AND ORDERING UPON OFFICERS’ REPORTS WITHIN THE

CITY DEVELOPMENT GROUP

6.1

All Wards Report of Planning Applications Decided Under Delegation

6.

6.2

Baird Ward Application To Develop The Land For A Three Storey Apartment Building Containing 28 Dwellings At 11 Pine Crescent And 12 Cypress Avenue, Boronia, Melway Ref. 64 J10 (Application No. P2011/6967)

11.

6.3

Baird Ward Application To Develop The Land For Six (6) Double Storey Dwellings At 18 Woodvale Road, Boronia Melway Ref. 64 H10 (Application No. P/2012/6691)

49.

6.4

Scott Ward Application For Amended Plans To Retain An Existing Crossover And Driveway To Planning Permit P/2010/6216 Which Allows For The Development Of The Land For Two Double Storey Dwellings At 41 Tyner Road, Wantirna South, Melway Ref. 63 K12 (Application No. P/2010/6216)

80.

7. PUBLIC QUESTION TIME (Following the completion of business relating to Item 6, City Development, the business before the Council Meeting will be deferred to consider questions submitted by the public). 92. 8. CONSIDERING AND ORDERING UPON OFFICERS’ REPORTS WITHIN THE

ENGINEERING & INFRASTRUCTURE GROUP

8.1

All Wards Sustainable Transport Update

93.

8.2

All Wards Knox Revegetation Plan

100.

8.3

All Wards Contract No. 1977 – Supply for Earthworks – Excavation, Disposal and Plant Hire

109.

COUNCIL 23 April 2013 9. CONSIDERING AND ORDERING UPON OFFICERS’ REPORTS WITHIN THE

COMMUNITY SERVICES GROUP

9.1

All Wards Indigenous Recognition

116.

9.2

All Wards Contract No. 1962 – Provision of Meals/Meal Components for Delivered Meals Service

135.

10. CONSIDERING AND ORDERING UPON OFFICERS’ REPORTS WITHIN THE

CORPORATE DEVELOPMENT GROUP

10.1

All Wards Lease of Office 3022, Knox O-Zone Shopping Centre for Use as the Youth Information Centre

136.

10.2

All Wards Endorsement of MAV State Council and ALGA National General Assembly Motions

139.

11. ITEMS FOR INFORMATION

11.1

All Wards Works Report as at 5 April 2013

145.

11.2

All Wards Ward Contingency Fund Allocations for the Period 1 January 2013 – 31 March 2013

163.

11.3

All Wards Assemblies of Councillors

169.

12. MOTIONS FOR WHICH NOTICE HAS PREVIOUSLY BEEN GIVEN 179. 13. SUPPLEMENTARY ITEMS 179. 14. URGENT BUSINESS 179. 14.1 Urgent Business 179. 14.2 Call Up Items 179. 15. QUESTIONS WITHOUT NOTICE 179. 16. CONTRACT NO. 1962 – PROVISION OF MEALS/ MEAL

COMPONENTS FOR DELIVERED MEALS SERVICE 180. GRAEME EMONSON CHIEF EXECUTIVE OFFICER

1 COUNCIL - REPORTS BY COUNCILLORS 23 April 2013 COUNCILLOR COOPER VACATED THE CHAMBER AT 7.19PM DURING DISCUSSION ON ITEM 5.1 COUNCILLOR COOPER RETURNED TO THE CHAMBER AT 7.20PM DURING DISCUSSION ON ITEM 5.1

5. REPORTS BY COUNCILLORS

5.1 Committees & Delegates 5.1.1 COUNCILLOR COOPER Councillor Cooper attended the following Meetings

• Annual Budget Review (x 2) • Planning Consultative Committee • Municipal Association of Victoria Metropolitan Forum 5.1.2 COUNCILLOR SEYMOUR Councillor Seymour attended the following Meetings

• Annual Budget Review (x 2) • Green Foot Flicks Youth Film Festival • Community Health and Wellbeing Reference Group • Place Program Discussion Series • Housing Policy Review Workshop • Rowville Lysterfield Rotary Club Business Breakfast • Early Years Advisory Committee • Melbourne South East Business Awards Presentation and Gala Dinner 5.1.3 COUNCILLOR LOCKWOOD Councillor Lockwood attended the following Meetings

• Annual Budget Review • Graffiti Advisory Committee • Housing Policy Review Workshop • Eastern Transport Coalition • Multicultural Harmony Festival Opening 5.1.4 COUNCILLOR PEARCE Councillor Pearce attended the following Meetings

• Annual Budget Review (x 2) • Melbourne South East Business Awards Presentation and Gala Dinner • Multicultural Harmony Festival Opening

2 COUNCIL - REPORTS BY COUNCILLORS 23 April 2013

5.1 Committees & Delegates (cont’d) 5.1.5 COUNCILLOR COSSARI Councillor Cossari attended the following Meetings

• Annual Budget Review (x 2) • Citizenship Ceremony • Housing Policy Review Workshop Councillor Cossari presented a glass plaque to the Mayor from the Multicultural Harmony Festival 2013 Committee. 5.1.6 COUNCILLOR MORTIMORE Councillor Mortimore attended the following Meetings

• Annual Budget Review (x 2) • Eastern Alliance for Greenhouse Action (x 2) • Knox Disability Advisory Committee • Green Foot Flicks Youth Film Festival • Community Health and Wellbeing Reference Group • Knox Housing Advisory Committee • Reception and Concert - Professor Ed Byrne, Vice-Chancellor, Monash

University • Housing Policy Review Workshop • Ministerial Visit - Baxter Laboratories • Environment Advisory Committee • Alchester Village Workshop • ANZAC Commemorative Service Boronia RSL 5.1.7 COUNCILLOR HOLLAND Councillor Holland attended the following Meetings

• Annual Budget Review (x 2) • Citizenship Ceremony • Knox Housing Advisory Committee • Planning Consultative Committee • Mountain Gate Shopping Centre Community Workshop


5.1 Committees & Delegates (cont’d) 5.1.8 COUNCILLOR ORPEN (MAYOR) Councillor Orpen attended the following Meetings

• James Merlino MP, Member for Monbulk • Annual Budget Review (x 2) • Sherbrooke Little Athletics Annual General Meeting • Knox Pets Expo Official Opening • Citizenship Ceremony • Municipal Association of Victoria Metropolitan Forum • Knox art Show Official Opening • Lioness Club of Ferntree Gully Luncheon • Housing Policy Review Workshop • Launch of Child Friendly Streets Program • Mountain Gate Shopping Centre Community Workshop • Upper Ferntree Gully Primary School Grade 6 Presentations • Ferntree Gully News Volunteers Thank-you • Multicultural Harmony Festival Opening • ANZAC Commemorative Service Boronia RSL • Ferntree Gully Structure Plan Consultant Briefing


5.2 Ward Issues 5.2.1 COUNCILLOR HOLLAND (FRIBERG WARD) • Councillor Holland highlighted his attendance at the Eastern Regional

Pet Expo and marvelled at the displays and community participation.

• Councillor Holland highlighted his attendance at the recent Citizenship Ceremony.

5.2.2 COUNCILLOR MORTIMORE (CHANDLER WARD) • Councillor Mortimore highlighted the significance of the drainage issues

within his ward. It was noted that there are a large number of projects identified as requiring attention and it was clear that additional resources are required to support the resolution of these projects. It was further noted that the stormwater team in Council’s Works Department were doing the best they could within available resources.

• Councillor Mortimore was delighted to advise of his attendance at a Place Programs workshop for Alchester Village, Boronia Heights where consultation was held with the community on short, medium and long term aspirations for Alchester Village.

5.2.3 COUNCILLOR PEARCE (TAYLOR WARD) • Councillor Pearce read a statement to the meeting expressing his

disappointment at the response and actions of the Rowville Hawks Junior Football Club Inc and Rowville Football Club in relation to the seasonal tenancy allocation at Eildon Park Reserve and Pavilion.

5.2.4 COUNCILLOR SEYMOUR (TIRHATUAN WARD) • Councillor Seymour highlighted that the bulk tree removal program in

Lakeside Boulevard, Rowville has been finalised. Councillor Seymour advised that there were a number of residents who had contacted her that were disappointed with the loss of the trees. Councillor Seymour expressed her desire that the Street Tree Policy (under development) be cognisant of social and emotional factors of tree removal and not just focus on cost factors.

• Councillor Seymour was delighted with the progress being made on the Rowville Plan and highlighted that “Vox Pox” style consultation had occurred at Stud Park. Councillor Seymour also advised that consultation had already occurred with students from Years 9 & 10 from Rowville Secondary College and that further consultation would be sought with students from Rowville Primary School.


5.2 Ward Issues (cont’d) 5.2.4 Councillor Seymour (Tirhatuan Ward) (cont’d) • Councillor Seymour acknowledged the carparking issues being

experienced by traders at Scoresby Village and advised that extensive consultation had occurred. Council’s Traffic and Transport Department were currently undertaking a review of the utilisation of the carparks. It was noted that with Rowville Football Club now sharing the Scoresby Football Ground, there was senior matches being held every week. This is having an impact on the businesses at the shopping centre and as such there is a sense of urgency to resolve the issue.

• Councillor Seymour highlighted her attendance at the Harmony Day Multicultural Festival along with Councillors Pearce, Lockwood and Cossari.

• Councillor Seymour advised of the significant time and effort involved by herself, fellow Councillors and Council Officers in attempting to manage the Eildon Park Reserve and Pavilion tenancy allocation issue.

5.2.5 COUNCILLOR COOPER (SCOTT WARD) • Councillor Cooper highlighted his attendance at the Eastern Regional

Pet Expo.

• Councillor Cooper was delighted to advise that construction works had finally commenced for the footpath link between Cathies Lane and Eastlink on the South Side of High Street Road. This is an important link for both pedestrians and bicycle users.

5.2.6 COUNCILLOR ORPEN (DOBSON) WARD) • Councillor Orpen acknowledged the efforts of Councillor Mortimore and

Councillor Holland in completing 93km of the Oxfam 100 km Challenge.

6 COUNCIL – CITY DEVELOPMENT 23 April 2013

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 March to 31 March 2013) be noted.

REPORT

Details of planning applications decided under delegation from 1 March to 31 March 2013 are attached. The applications are summarised as follows:

Application Type No Building Extensions: Residential Other

10 1

Units 13 Dwelling 4 Tree Removal/Pruning 17 Subdivision 9 Sign 3 Creation of Easement 1 Change of Use 1 Variation of Covenant 1 Tank Shelter 1 Liquor Licence 2

TOTAL 63

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

That the planning applications decided under delegation report (between 1 March to 31 March 2013) be noted. CARRIED


Knox City Council Planning Applications Decided by Responsible Officer

1 March 2013 to 31 March 2013

Ward No/ Type Address Description Decision:

Baird 2012/6892 28 Sinclair Road BAYSWATER VIC 3153

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

7/03/2013 Notice of Decision

Baird 2013/6001 26 Woodvale Road BORONIA VIC 3155

Three (3) Lot Subdivision (Approved Unit Site)

19/03/2013 Approved

Baird 2011/6668 28 Manuka Drive FERNTREE GULLY VIC 3156

The construction of two dwellings (one double storey and one single storey)


Baird 2012/6662 3 Wadi Street BORONIA VIC 3155

Single storey dwelling to the side of the existing dwelling & two (2) lot subdivision

1/03/2013 Approved

Chandler 2012/6751 13 Parker Avenue BORONIA VIC 3155 Buildings and works (Garage) 6/03/2013

Approved

Chandler 2012/6930 45 Hansen Road BORONIA VIC 3155

Buildings and Works (Extension to existing dwelling and timber decking)

14/03/2013 Approved

Chandler 2013/6071 264 Dorset Road BORONIA VIC 3155 Directional Signage 14/03/2013

Approved

Chandler 2013/6086 1 Fern Street THE BASIN VIC 3154

Buildings and works (extension to existing dwelling)

15/03/2013 Approved

Chandler 2013/6131 20 Landscape Drive BORONIA VIC 3155

Removal of seven (7) trees (2 x Pittosporum undulatum, 3 x Eucalyptus obliqua, Eucalyptus sideroxylon & Corymbia ficifolia)

19/03/2013 Approved

Chandler 2013/6126 14 Albert Avenue BORONIA VIC 3155

Pruning of one (1) Liquidambar styraciflua (Liquidambar) Tree

18/03/2013 Approved

Chandler 2013/6104 6-8 Sheffield Road THE BASIN VIC 3154

The removal of two (2) Dead Eucalyptus species, two (2) Eucalyptus viminalis (Manna Gum), one (1) Eucalyptus obliqua (Messmate), one (1) Acacia melanoxylon (Blackwood), two (2) Quercus rubra (Red Oak), one (1) Fraxinus excelsior (European Ash) and one (1)

1/03/2013 Approved

Chandler 2013/6127 11 Vaughan Road FERNTREE GULLY VIC 3156

Removal of two Eucalyptus obliqua trees

13/03/2013 Approved

Chandler 2012/6861 23 Waratah Avenue THE BASIN VIC 3154

Two (2) Lot Subdivision (approved development site)

13/03/2013 Approved

Chandler 2012/6916 6A Doongalla Road THE BASIN VIC 3154

The removal of approximately one hundred and fifty-five (155) dead and dying Eucalyptus sp. and Acacia sp. trees.

19/03/2013 Approved



Chandler 2013/6149 1 Renown Street FERNTREE GULLY VIC 3156

The removal of four trees (Liquidambar styraciflua, Eucalyptus sp., Melia azedarach var australasica & Callitris sp.) and prune one Corymbia citriodora

21/03/2013 Approved

Chandler 2012/6810 36 Old Forest Road THE BASIN VIC 3154 Extension to existing dwelling 12/03/2013

Approved

Chandler 2013/6142 1 Lockwoods Road BORONIA VIC 3155

Removal of an English Oak tree and a Liquidamber.

22/03/2013 Approved

Collier 2012/6753 37 Brentwood Drive WANTIRNA VIC 3152

The construction of a single storey dwelling on the land

12/03/2013 Approved

Collier 2012/6670 549 Mountain Highway, BAYSWATER VIC 3153

The construction of two single storey dwellings and alteration to the access to a Category 1 Road.

08/03/2013 Approved

Dinsdale 2012/6619 1 Myrtle Street BAYSWATER VIC 3153

Development of the land for two (2) double storey dwellings in front of the existing dwellings

1/03/2013 Approved

Dinsdale 2012/6869 62 Tate Avenue WANTIRNA SOUTH VIC 3152

Two (2) Lot Subdivision - (Approved Development Site)

15/03/2013 Approved

Dinsdale 2012/6793 15 Kumala Road BAYSWATER VIC 3153

The construction of a single storey dwelling to the rear of the existing dwelling

14/03/2013 Approved

Dinsdale 2012/6830 3 Lewis Road WANTIRNA SOUTH VIC 3152

Development of the land for two (2) double storey dwellings

8/03/2013 Approved

Dinsdale 2013/6118 2/2 Newman Road WANTIRNA SOUTH VIC 3152

Buildings and Works (Verandah)

27/03/2013 Approved

Dinsdale 2013/6049 22 Maple Street BAYSWATER VIC 3153

Three (3) Lot Subdivision (Approved Unit Site)

27/03/2013 Approved

Dobson 2012/6809 36A The Avenue, FERNTREE GULLY VIC 3156

Development of the land for a double storey dwelling

22/03/2012 Approved

Dobson 2012/6701 81 McIver Street FERNTREE GULLY VIC 3156

The construction of a double storey dwelling to the rear of the existing dwelling


Dobson 2012/6812 11 Skyline Way LYSTERFIELD VIC 3156

Development of the land for a single dwelling

1/03/2013 Approved

Dobson 2012/6825 14 Gale Court LYSTERFIELD VIC 3156

Alterations and additions to an existing dwelling

6/03/2013 Approved

Dobson 2013/6125 8/152 Underwood Road FERNTREE GULLY VIC 3156

Pruning of one (1) Eucalyptus cephalocarpa

13/03/2013 Approved

Dobson 2013/6051 12 Seascape Close FERNTREE GULLY VIC 3156

Construction of steel patio over existing deck

15/03/2013 Approved

Dobson 2012/6752 2/11 Chatham Avenue FERNTREE GULLY VIC 3156

The construction of a single storey dwelling on the land

14/03/2013 Approved

Dobson 2013/6114 14/152 Underwood Road FERNTREE GULLY VIC 3156

The removal of one (1) Eucalyptus cephalocarpa (Silver leaf Stringybark)

8/03/2013 Approved



Dobson 2013/6052 2 Waters Avenue UPPER FERNTREE GULLY VIC 3156

Construction of steel carport and steel patio (replacing existing timber patio)

15/03/2013 Approved

Dobson 2013/6096 45 The Avenue FERNTREE GULLY VIC 3156

Buildings and Works replacing existing rear deck

18/03/2013 Approved

Dobson 2012/6032 6 Jean Street, UPPER FERNTREE GULLY VIC 3156

Development of the land for a double storey dwelling

22/10/2012 Approved

Dobson 2013/6027 32 Forest Road FERNTREE GULLY VIC 3156

Buildings and works (construction of a shed for storage purposes)

19/03/2013 Approved

Dobson 2013/6140 15 The Crescent FERNTREE GULLY VIC 3156

The removal of one Corymbia ficifolia.

21/03/2013 Approved

Dobson 2013/6117 5 Alfred Street UPPER FERNTREE GULLY VIC 3156

The removal of one (1) Ulmus parvifolia (Chinese Elm) & pruning of Ficus carica hedge (Fig trees) and one (1) Pittosporum eugenioides (Lemonwood).

8/03/2013 Approved

Dobson 2012/6360 2 Park Valley Way LYSTERFIELD VIC 3156

Variation of the Restrictive Covenant to vary Building Envelope to allow the construction of a Garage on the South East Boundary

22/03/2013 Approved

Dobson 2013/6138 5 Willow Road UPPER FERNTREE GULLY VIC 3156

Removal of one (1) Betula pendula (Silver Birch)

21/03/2013 Approved

Dobson 2013/6110 1 Old Forest Road FERNTREE GULLY VIC 3156

The removal of one (1) Eucalyptus goniocalyx (Long leaf Box) and the pruning of three (3) Eucalyptus goniocalyx (Long leaf Box), one (1) Eucalyptus viminalis (Manna Gum) and one (1) Eucalyptus bicostata (Victorian Blue Gum)

6/03/2013 Approved

Dobson 2013/6159 1/29 Station Street FERNTREE GULLY VIC 3156

Removal of one (1) Liquidambar styraciflua tree

26/03/2013 Approved

Dobson 2013/6165 56 Ferndale Road UPPER FERNTREE GULLY VIC 3156

The removal of one (1) Corymbia ficifolia & prune one (1) Eucalyptus goniocalyx

26/03/2013 Approved

Friberg 2012/6657 37/756 Burwood Highway FERNTREE GULLY VIC 3156

Change of Use (Place of Assembly)


Friberg 2012/6888 794 Burwood Highway FERNTREE GULLY VIC 3156

Business Signage 7/03/2013 Approved

Scott 2012/6788 5 Mariposa Court WANTIRNA SOUTH VIC 3152

2 Lot Subdivision (approved development site)

13/03/2013 Approved

Scott 2012/6904 250 Burwood Highway WANTIRNA SOUTH VIC 3152

Business Identification Signage - Illuminated V-Board

18/03/2013 Approved



Scott 2012/6332 11 Fonteyn Drive WANTIRNA SOUTH VIC 3152

The construction of two double storey dwellings


Taylor 2012/6780 1 Hayes Court LYSTERFIELD VIC 3156

The construction of a single dwelling, removal of vegetation and variation of covenant to adjust building envelope.

14/03/2013 Approved

Taylor 2013/6003 41 Spruce Drive ROWVILLE VIC 3178

Two (2) Lot Subdivision (Approved Unit Site)

19/03/2013 Approved

Taylor 2012/6614 Sh 21/1100 Wellington Road ROWVILLE VIC 3178 Liquor Licence 21/03/2013

Approved

Taylor 2013/6143 11 Norris Road ROWVILLE VIC 3178

Removal of one (1) Eucalyptus melliodora (Yellow Box Tree)

22/03/2013 Approved

Tirhatuan 2012/6465 7 Elizabeth Court ROWVILLE VIC 3178

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


Tirhatuan 2013/6120 4 Kingston Park Court KNOXFIELD VIC 3180

Buildings and Works (Tank Shelter)

21/03/2013 Approved

Tirhatuan 2013/6045 525 Stud Road WANTIRNA SOUTH VIC 3152 Creation of Easement 14/03/2013

Approved

Tirhatuan 2012/6485 32 Vinen Road SCORESBY VIC 3179

2 Lot Subdivision (approved development site)

15/03/2013 Approved

Tirhatuan 2013/6006 41 Deschamp Crescent ROWVILLE VIC 3178

2 Lot Subdivision (Approved Unit Site)

20/03/2013 Approved

Tirhatuan 2013/6160 15 Gymea Avenue ROWVILLE VIC 3178

Removal of two (2) Eucalyptus radiata trees

22/03/2013 Approved

Tirhatuan 2012/6880 5 Kingston Park Court KNOXFIELD VIC 3180

Extension to Existing Warehouse & Car Parking Dispensation

22/03/2013 Approved

Tirhatuan 2012/6895 1389 Ferntree Gully Road SCORESBY VIC 3179 Liquor licence 8/03/2013

Approved

Tirhatuan 2012/6625 1 Towner Drive KNOXFIELD VIC 3180

Development of the land for two (2) double storey dwellings


Tirhatuan 2013/6057 6 Orson Street SCORESBY VIC 3179

Two (2) Lot Subdivision (Approved Unit Site)

27/03/2013 Approved

TOTAL: 63


BAIRD WARD

6.2 APPLICATION TO DEVELOP THE LAND FOR A THREE STOREY APARTMENT BUILDING CONTAINING 28 DWELLINGS AT 11 PINE CRESCENT AND 12 CYPRESS AVENUE, BORONIA, Melway Ref. 64 J10 (Application No. P2011/6967)

1. SUMMARY:

Land: 11 Pine Crescent and 12 Cypress Avenue, Boronia

Applicant: Peter Brown Architects Pty Ltd Proposed Development: The construction of a three storey

apartment building containing 28 dwellings

Existing Land Use: Single Dwellings Area/Density: 1951 m2 / 1:70m2 Zoning: Residential 1 Zone Overlays: Design and Development Overlay

(Schedule 7) Vegetation Protection Overlay (Schedule 2)

Local Policy: Municipal Strategic Statement (MSS) Boronia Activity Centre Local Policy Housing Policy

Application Received: 30 November 2011 Number of Objections: 224 PCC Meeting: 17 August 2012 Assessment:

It is considered that the development provides an appropriate balance between policies to increase housing within the Boronia Activity Centre and the amenity of adjoining properties.

The proposal generally complies with the Residential 1 Zone, Municipal Strategic Statement, Housing Policy and ResCode. The proposal will achieve an outcome consistent with the Design and Development Overlay Schedule 7 and retains a significant tree protected by the Vegetation Protection Overlay Schedule 2.

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 Notice of Decision to Grant a Planning Permit subject to conditions.

12 COUNCIL – CITY DEVELOPMENT 23 April 2013 6.2 11 Pine Crescent & 12 Cypress Avenue, Boronia (cont’d)

2. BACKGROUND

2.1 Subject Site and Surrounds The location of the subject site is shown in Appendix A.

• The subject site comprises two tandem allotments, both rectangular in shape, with 11 Pine Crescent on the eastern side of Pine Crescent and 12 Cypress Avenue on the western side of Cypress Avenue, Boronia. The site has an overall area of 1951m2 with a frontage to Pine Crescent and Cypress Avenue of 21.34 metres and a combined depth of 91.44 metres. A single storey dwelling and associated outbuildings currently exist on each allotment. A 1.83 metre wide easement runs along the rear boundary of 11 Pine Crescent and contains drainage infrastructure.

• The subject site adjoins residential properties to the north (fronting either Pine Crescent or Cypress Avenue) and south (generally fronting Stonehaven Avenue). On the opposite side of Pine Crescent and Cypress Avenue, properties are developed for residential purposes. Dwellings in the immediate area are single and double storey of brick and weatherboard construction. The subject site is located within the Boronia Activity Centre.

• The site contains a number of established trees including a Silky Oak and Liquidambar within the Cypress Avenue frontage, and three Oak trees and a Sugar Gum within the rear of 12 Cypress Avenue; and mainly environmental weed species and shrubs within 11 Pine Crescent. The Silky Oak is protected by the Vegetation Protection Overlay Schedule 2.

2.2 The Proposal

(Refer to attached plans at Appendix B)

The application proposes to construct a three storey apartment building containing twenty-eight (28) dwellings and removal and creation of an easement. Details are as follows:

• The building has a maximum height of 9 metres.

• The building will be setback a minimum 5.7 metres from Pine Crescent and a minimum 7.5 metres from Cypress Avenue.


• Vehicle access is provided to the at-grade car parking area via a double crossover onto Pine Crescent (no vehicle access is provided via Cypress Avenue). The car parking area includes 33 car parking spaces, a lift, external storage for each apartment, bicycle storage area and bin storage area. Also at ground level are two (2) dwellings fronting Cypress Avenue and two (2) dwellings fronting Pine Crescent. Pedestrian access is provided along the southern boundary.

• The first and second floor each contain twelve (12) dwellings. Of the 28 dwellings, 15 contain one (1) bedroom and 13 contain two (2) bedrooms. Each dwelling also contains open plan kitchen, dining and living, with a bathroom and laundry. Private open space is provided as a balcony (apart from Dwelling 2 with access to ground level open space) and communal open space is located on the southern and northern side at the first floor.

• The building materials proposed consist of a mix of rendered surfaces, timber panelling, exposed brickwork and glazed surfaces.

• It is proposed to retain the Liquidambar and Silky Oak located in the Cypress Avenue frontage. 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. A total of 224 objections were received and are summarised below.

Inconsistent with neighbourhood character and density

• The proposed built form is consistent with Council’s preferred neighbourhood character for this area, as detailed in the Design and Development Overlay (Schedule 7) for the Boronia Major Activity Centre. Council policy supports increased residential density within the Boronia Major Activity Centre.

• The height, visual bulk, appearance and landscaping outcome of the proposed development is consistent with the future development anticipated within the Boronia Structure Plan.


Site coverage

• The proposed site coverage of 71% exceeds the site coverage amount specified in Standard B8 of 60% to meet the Standard. However, it is considered that the proposal has achieved the site coverage objective. This is discussed at Section 4.3 of the Report.

Building lacks architectural merit

• The proposed building displays architectural elements that will contribute positively to the preferred character of the area and existing streetscape. The proposal has also responded to the objectives of the Design and Development Overlay Schedule 7 through articulation and gradation of the built form, a variety of materials, retention of mature trees and opportunities for landscaping. It is not considered that the building, or the proposal, lacks architectural merit.

Traffic and pedestrian safety

• The proposal is not expected to create any safety concerns. The development is secure, provides surveillance of the both streets, and all vehicles will be able to exit in a forward direction from the car parking area. A security intercom to allow visitor access to the car parking area should be a condition on any permit to issue.

• There is no pedestrian footpath on this side of Pine Crescent, however to ensure adequate sight distances for vehicles exiting the accessway, alterations to the ramp grades are required and a corner splay or area at least 50 per cent clear of visual obstructions must be provided. This will be required as a condition on any permit to issue in accordance with Clause 52.06 (car parking) of the Knox Planning Scheme.

Amenity impacts (overlooking, overshadowing, loss of privacy, noise, pollution and headlights)

• There is potential for overlooking to the residential properties to the north. A condition on any permit to issue can require details of all screening measures to ensure compliance with Clause 55.04-6 (overlooking objective) of the Knox Planning Scheme (screening to a minimum height of 1.7 metres from finished floor level in accordance with ResCode). This is discussed in more detail at Section 4.3 of the report.


• Overshadowing to adjoining properties complies with ResCode Standard B21. The properties to the south will receive the amount and area of sunlight required to meet the Standard.

Traffic and parking congestion / inadequate parking spaces

• The ratio of car parking spaces complies with Clause 52.06 (car parking). A total of 33 spaces (one space for each one and two bedroom dwelling) including five (5) visitor parking spaces are provided within the at-grade car parking area. Therefore the ratio of resident and visitor car parking spaces complies with Clause 52.06.

• While there will be an increase in traffic generated, Pine Crescent has the capacity to absorb this additional traffic. Council’s Traffic Engineers have not raised any concern with traffic generation as a result of this proposal. Vehicle access on Pine Crescent has ensured the retention of the Liquidambar and Silky Oak within the frontage of Cypress Avenue.

Removal of vegetation

• Two mature canopy trees, a Liquidambar and the Silky Oak, both located within the frontage of Cypress Avenue, are to be retained. The Silky Oak is protected by the Vegetation Protection Overlay Schedule 2. All other vegetation is to be removed, and its retention is unfeasible with the type of development proposed. A landscape plan to show suitable canopy tree planting in appropriate locations throughout the site would be a requirement of any permit to issue.

Does not comply with side and rear setbacks

• Side setbacks to the adjoining residential properties to the south and north do not comply with ResCode Standard B17, however the proposal is considered to meet the side and rear setback objective. This is detailed in Section 4.3 of this report.

Inadequate areas for landscaping

• There are adequate areas for landscaping within the frontage to Pine Crescent and along the northern boundary. The proposed development has retained two mature canopy trees within the frontage of Cypress Avenue, by providing an increased front setback and no vehicle access. Two centrally positioned landscaping areas will accommodate canopy trees and landscaping to assist with breaking up the extent of built form across the subject site. It is considered that the landscaping opportunities are adequate and will provide an outcome consistent with the Design and Development Overlay Schedule 7 and Council policies that support increased density within the Boronia Activity Centre.


Inevitable increase in crime

• There is no evidence to suggest that this type of development will lead to an increase in crime.

Loss of family environment

• The proposed development provides for a different type of housing when compared to the typical type of housing within established residential areas of Boronia. There is nothing to suggest that this type of housing will not be desirable to families or result in a loss of family environment.

Removal of waste

• A Waste Management Plan will be a requirement of any permit to issue, to detail the private collection of waste, recycling, green and hard waste from the property. This is likely to involve large communal bins that are emptied by a private contractor and there will be no individual bins within the development or on the street.

Inadequate garden space for children to play

• The proposal includes communal open space and balcony private open space, which is adequate for the type of dwellings proposed. Boronia is well serviced by public parks, gardens and other entertainment.

Access to emergency vehicles

• Emergency services will be able to access the proposed development.

Existing drainage is inadequate

• Council’s Drainage Engineers have not raised any concerns with the existing drainage infrastructure or required any upgrades to existing drainage infrastructure. A drainage engineering plan will be a requirement of any permit to issue, and will need to demonstrate that stormwater flows can be detained to the peak pre-development levels.

Interruption of views

• There are no rights to a view with reliance on private property.

3.2 Planning Consultative Committee Meeting

A Planning Consultative Committee (PCC) Meeting was held at the Civic Centre on 17 August 2012. Ten (10) people signed the attendance sheet at the meeting. Objectors expressed the following main concerns with the proposal:


• Density

• Car parking, traffic and access

• Amenity during construction

There were no negotiated outcomes or changes to the application as a result of the meeting.

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

• The gradients must comply with Knox Planning Scheme Clause 52.06-8 Design Standard 3: Gradients.

• Accessway grades should not be steeper than 1:10 (10 per cent) within 5 metres of the frontage.

• There is no existing footpath along the frontage of the site at Pine Crescent and a sealed 1.4m wide footpath is required along the public road frontages of the site.

• Standard conditions to be included on any permit issued.

Officer Response: There is no development contribution scheme within the Planning Scheme to request the developer/owner to construct or pay for the construction of the footpath.

Drainage Engineer


Arborist

• The submitted plans show the retention of the Grevillea robusta and the Liquidambar styraciflua along the Cypress Avenue frontage of the property.

• The southern masonry wall of Dwelling 1 encroaches 2.5 metres into the TPZ radius of the Liquidambar. The wall undoubtedly requires foundations which involves trenching. To ensure large roots are not severed when the trenching occurs, excavation using an air knife or hydro excavation must locate tree roots. A decision can then be made concerning the retention of the root and/or methodology to be employed for the foundation along this section.


• Retaining walls and rain gardens must not be constructed within the SRZ and TPZ of either tree. The mailbox must be moved to occur outside the STZ of the Grevillea, ideally, the mail box could be constructed along the south boundary fence next to the permeable paving.

• The permeable path along the southern boundary must be constructed above grade.

• Pruning work must be carried out by a suitably qualified and experienced arborist and the tree pruned according to the Australian Standards.

Waste Services

• A condition on any permit issued will require a Waste Management Plan detailing how waste (including garden and hard waste) will be stored and collected by a private contractor.

City Futures

• The proposal is consistent with the strategic intent of the site and will contribute positively to the diversity of housing types and sizes in Knox.

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 Design and Development Overlay (Schedule 7)

The site is affected by the Design and Development Overlay (Schedule 7) which implements the Boronia Structure Plan. Under the provisions of the Overlay, a permit is required for buildings and works.

To achieve the design objectives in the Schedule, any proposed development must meet the requirements contained within the Schedule. These include preferred and mandatory building heights, design standards, materials and colours, landscape design and signage.


• The site is located within a mandatory 9 metre (three storey) building height area. The proposal for a three (3) storey building with a maximum height of 9 metres complies with the mandatory building height.

• The proposed three (3) storey built form and scale of the building is consistent with the design standards in the Schedule.

• Materials have been nominated that would reinforce the emerging contemporary natural character of the area. A schedule of materials and colours would be a requirement of any permit to issue to determine that colours are consistent with the Boronia Structure Plan.

• There are opportunities for canopy tree planting within the Pine Crescent frontage and within two centrally located landscaping zones. Two mature trees are to be retained within the Cypress Avenue frontage, which will assist with integrating the three storey built form into the existing streetscape. Low level planting can also be achieved along the northern boundary. There are no opportunities for planting along the southern boundary, however the central landscape zone will allow for a medium canopy tree. A landscape plan to the satisfaction of the Responsible Authority would be a requirement of any permit to issue.

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 contribute positively to the Pine Crescent and Cypress Avenue streetscape, and will not unreasonably dominate adjoining properties. The three storey built form and 9 metre height complies with the mandatory 9 metre height limit in the Design and Development Overlay (Schedule 7). There are areas for planting and landscaping, complimentary materials are proposed and the building has been orientated to maximise northern solar access to the dwellings. A Sustainable Design Assessment and Colours and Materials Schedule should be a condition on any permit to issue.


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 proposed building has been designed to maximise solar efficiency with the majority of dwellings achieving a northern aspect. A Sustainable Design Assessment should be a requirement of any permit to issue.

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. Locate new housing in or close to activity centres and employment corridors and at other strategic development sites that offer good access to services and transport.

• 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 which will contribute to housing choice.

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

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

• Location – The site is located within the Boronia Major Activity Centre.

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

• The site is located within walking distance of bus stops on Boronia Road, which are serviced by Bus Routes No. 745B, 737 and 753.

• Route No. 745B from Bayswater to Boronia operates two services between 2.45pm and 6.40pm Monday to Friday.


• Route No. 737 from Croydon to Monash University via Boronia, Knox City Shopping Centre and Glen Waverley operates between 6.14am and 10.04pm Monday to Friday, Saturday from 6.30am to 10.21pm and Sunday from 8.41am to 10.02pm at various intervals.

• Route No. 753 from Glen Waverley to Boronia Station via Knoxfield operates from 6.23am to 9.03pm Monday to Friday, Saturday from 7.51am to 4.19pm and Sunday from 8.51am to 5.48pm at various intervals.

• Additionally, the site is within 600 metres of Boronia Railway Station and bus interchange, providing further connection to the municipality and Melbourne CBD.

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 proposed development is considered to be consistent with the preferred future character for the area, as determined by the Boronia Structure Plan and the Design and Development Overlay (Schedule 7) which indicates a mandatory height limit of 9 metres for this area and a three storey built form.

Clause 22.06 Boronia Major Activity Centre Local Policy: This policy seeks to address a lack in availability of a variety of housing types within the Boronia Major Activity Centre, and identifies opportunities for higher density development within the centre to benefit from close proximity to social services and infrastructure.


The site is located within a “Dispersed Infill Residential” area within the Land Use Framework Plan. Within this area, it is policy to encourage increased residential densities and greater housing diversity and affordability.

• The proposal introduces one and two bedroom dwellings with balcony private open space and will contribute to the availability and variety of housing types within the Boronia Activity Centre.

Clause 22.10 Housing – Apartment style residential development: 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 the provision of a diversity of housing types and forms; housing that meets the needs of all groups within the community; accessible housing that is well designed and responsive to the local character and environment; and housing that recognises that the environment and landscape significance of the Dandenong Foothills outweighs the need for urban consolidation in the Foothills. Before deciding on an application, the responsible authority will consider, as appropriate, whether: Where an approved structure plan or urban design framework exists for an activity centre listed above, then the location and design of high and medium density housing be guided by the plan or framework.

• The site is located within the Boronia Activity Centre. As such, any development will be guided by the Boronia Structure Plan and the Design and Development Overlay (Schedule 7). See Section 4.1.2 for this discussion.

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

• The proposed development proposes one and two bedroom dwellings with balcony private open space, which will contribute to a diversity of housing within Knox.

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 maximum height of 9 metres, is considered to be consistent with the preferred character and mandatory building height for the area, as directed by the Design and Development Overlay (Schedule 7) which implements the Boronia Structure Plan. The proposal will retain mature canopy trees with additional landscaping opportunities to the Pine Crescent frontage and at other locations throughout the site. Articulation, setbacks and variety of materials all contribute to a built form that can contribute positively to the future character of the area.

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

• The proposed three (3) storey built form is consistent with the height patterns envisaged in the Boronia Structure Plan and Design and Development Overlay (Schedule 7). The building is articulated with the first and second floors gradated and a variety of materials. Separation of the built form at first and second floors to provide a break at the centre of the proposed building minimises visual bulk. Combined with landscaping opportunities it is considered the proposed building will contribute positively to the preferred neighbourhood character and will respect prevailing building height patterns in any area where significant change is anticipated.

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 a condition on any permit issued will ensure that overlooking measures comply with ResCode Standard B22. The proposed development will not create any overshadowing of properties to the north, and setbacks have ensured that overshadowing to the southern properties comply with ResCode Standard B21.


• The strategic direction of the Boronia Activity Centre Policy to promote higher density within the Activity Centre area will result in redevelopment of a height and bulk that is uncharacteristic when compared to existing residential development. It is expected that there will be an impact as a result of this change to the amenity of adjoining properties. A proposal that incorporates a variety of colours and materials and articulation of the built form, as the current proposal has, will limit the impact of the height and bulk of a design to ensure that any impact is reasonable within an area that has been identified for significant change.

For larger key strategic redevelopment sites, a variety of architectural styles and forms are provided.

• The site has not been identified as a key strategic redevelopment site.

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

Neighbourhood Character and Infrastructure

Neighbourhood Character –Complies, refer to Section 4.1.2 above.

Residential Policy – Complies, refer to Section 4.2.2 above.

Dwelling Diversity – Complies.

Infrastructure – Complies.

Integration with the Street – Complies.

Site Layout and Building Massing

Street Setback – The front setback to Pine Crescent does not comply with Standard, however complies with the objective. A minimum setback of 5.7 metres to Pine Crescent is proposed. To comply with the Standard, the minimum front setback to Pine Crescent would need to be 7.1 metres. The front setback to Cypress Avenue exceeds the minimum setback required by the Standard and will ensure the retention of two mature canopy trees.


Considering the site’s location within the Boronia Activity Centre and balancing Council policy encouraging re-development within this area, the proposed front setback to Pine Crescent is considered appropriate, particularly when balanced with the front setback Cypress Avenue and retention of two large canopy trees. Canopy tree planting can be achieved within the Pine Crescent frontage and the three storey built form to either street will not be incongruous with the preferred neighbourhood character detailed in the Boronia Structure Plan. As such, it is considered that the proposed minimum front setback of 5.7 metres to Pine Crescent will ensure an outcome consistent with the outcomes to be achieved in the Boronia Structure Plan.

Building Height – Complies.

Site Cover/Permeability – Complies with the objective to achieve the preferred neighbourhood character, however does not meet the Standard. The total site coverage proposed is 71%, which exceeds the maximum site coverage of 60% to meet the Standard. Landscaping opportunities are achieved to each frontage, along the northern boundary and the design has ensured the retention of two mature canopy trees. To achieve the strategic direction for higher density development as envisaged in the Boronia Structure Plan and the Design and Development Overlay Schedule 7, an increase in site coverage is expected when compared to typical multi-dwelling development, particularly to accommodate car parking. The proposed building bulk is not unreasonable or unexpected in this context and landscaping can be achieved throughout the development. Therefore it is considered that the proposal meets this objective.

Energy Efficiency – Complies, a condition on any permit issued will require the submission of a Sustainable Design Assessment to the satisfaction of the Responsible Authority.

Open Space – Complies.

Safety – Complies.

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

Access – Complies.

Parking Location – Complies.


Amenity Impacts

Side and rear setbacks – Does not comply with the Standard, but can meet the objective. There are minor encroachments into side setbacks on the northern elevation and southern elevation at the second level, including the northern wall of Dwellings 18 and 26, the southern wall of Dwellings 17 and 26 and the two staircases on the southern side. All other setbacks exceed the minimum setbacks required.

The encroachments into side setbacks do not result in non-compliance with Standard B21 (overshadowing) or unreasonable visual bulk. The site is located in an area where increased residential densities are encouraged, and as a result development of a height and bulk that is uncharacteristic when compared to existing residential development is anticipated. The minor encroachments into side setbacks will not result in unreasonable adverse amenity impacts and therefore it is considered the proposal meets the objective.

Walls on boundaries – Complies.

Daylight to existing windows/north facing windows – Complies.

North-facing Windows – Complies.

Overshadowing open space – Complies.

Overlooking – Can comply subject to conditions. A condition on any permit will require details of all screening measures to ensure compliance with Clause 55.04-6 (overlooking objective) of the Knox Planning Scheme (screening to a minimum height of 1.7 metres from finished floor level in accordance with ResCode) to be shown. This would apply to any habitable room windows, planter boxes and balconies on the northern elevation.

Internal views – Can comply subject to a condition that requires internal screening to have a height of 1.7 metres above the finished floor level.

Noise Impacts – Complies.

On-Site Amenity and Facilities

Accessibility – Complies.

Daylight to new windows – Complies.

Private Open Space – Complies.

Solar access – Complies.

Storage – Complies.


Detailed Design

Design Detail – Complies. Common Property – Complies.

Site Services – Complies.

Front fence – Complies, no front fence proposed.

4.4 Particular Provisions

Clause 52.06 – Car Parking

Prior to a new use commencing or a new building being occupied the car parking spaces required under Clause 52.06-5 must be provided on the land or as approved under Clause 52.06-3 to the satisfaction of the responsible authority.

Clause 52.06-5 outlines the requisite amount of parking to be provided to each dwelling and any applicable visitor parking at a ratio of two car spaces to each three or more bedroom dwelling (with studies or studios that are separate rooms counted as a bedrooms) and one visitor space to every five dwellings for developments of five or more dwellings.

• The proposal satisfies the car parking provision for each dwelling, with 1 car space provided for each one or two bedroom dwelling and six (6) visitor parking spaces (a total of 33 car parking spaces are provided).

Clause 52.06-8 details the design standards for car parking. The provision of car parking should meet the design requirements of this Clause. An assessment of the design standards, including any areas of non-compliance are considered below:

Design Standard 1: Accessways – Complies.

Design Standard 2: Car Parking Spaces – Can comply subject to a condition to provide a corner spay or area at least 50 per cent clear of visual obstructions extending at least 2 metres along the frontage road from the edge of an exit lane and 2.5 metres along the exit lane from the frontage, to provide a clear view of pedestrians on the footpath of the frontage road.

Design Standard 3: Gradients – Can comply subject to a condition that requires the ramp gradients to comply with this Standard.


Design Standard 4: Mechanical Parking – N/A.

Design Standard 5: Urban Design – Complies.

Design Standard 6: Safety – Complies.

Design Standard 7: Landscaping – Complies.

4.5 General Decision Guidelines

Clause 65 of the Knox Planning Scheme and Section 60 of the Planning and Environment Act 1987 set out decision guidelines/matters which the responsible authority must consider when deciding any planning application.

• The decision guidelines of Clause 65 of the Knox Planning Scheme and

Section 60 of the Planning and Environment Act (1987) have been appropriately considered.

5. CONCLUSION

Clause 10.04 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:

• The proposed development is consistent with Clause 15 (Built

Environment and Heritage), Clause 21.07 (Municipal Strategic Statement), Clause 22.06 (Boronia Activity Centre Local Policy) and Clause 22.10 (Housing) of the Knox Planning Scheme.

• The built form and height of the proposed development is consistent with

the purpose of the Boronia Structure Plan and policy direction and objectives of the Design and Development Overlay Schedule 7.

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

discussed above, the overall design of the development is considered to be consistent with key design policies of the Design and Development Overlay Schedule 7 and therefore considered to be consistent with Clause 22.10 of the Knox Planning Scheme.


• The development demonstrates compliance with Clause 55 (ResCode) and Clause 52.06 (Car Parking) of the Knox Planning Scheme and is consistent the purpose and objectives of the Residential 1 Zone. It is considered that any amenity impacts will be reasonable.

6. CONFIDENTIALITY

There are no confidentiality issues associated with this report.

RECOMMENDATION

That Council issue a Notice of Decision to Grant a Planning Permit to develop the land for a three storey apartment building containing 28 dwellings at 11 Pine Crescent and 12 Cypress Avenue, Boronia, subject to the following conditions:

Permit has no force or effect

1. This Permit shall have no force or effect until an application pursuant to Section 8 of the Subdivision Act 1988 is approved by the Responsible Authority for the removal of easement (as to drainage) burdening Lot 100 on LP12024 and creation of an easement (as to drainage and sewerage) along the northern boundary of 12 Cypress Avenue (the approved plan), to enable the relocation of drainage and sewerage services, to the satisfaction of the Responsible Authority.

2. The approved plan must be registered on the Certificate of Title/s to the properties prior to the commencement of any buildings or works allowed by this Permit.

Amended plans

3. 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 generally in accordance with plans TP03, TP04, TP05, TP06, TP07, and TP08 all Revision E submitted with the application but modified to show:

3.1 On-site access lighting within the at-grade carparking area.


Recommendation (cont’d)

3.2 A security intercom at the entrance to the at-grade car parking area to provide access to the visitor and resident car parking spaces.

3.3 Accessway gradients and ramp gradients to comply with Clause 52.06-8 of the Knox Planning Scheme. Within the first 5 (five) metres of the frontage the accessway grades must not be steeper than 1:10.

3.4 The type of permeable paving and method of installation for the pedestrian path on the southern side of 12 Cypress Avenue.

3.5 Retaining walls, rain gardens and any site cut to be located outside the Structural Root Zone (SRZ) and Tree Protection Zone (TPZ) of the Grevillea robusta and the Liquidambar styraciflua.

3.6 The northern elevation drawn correctly having regard to the site plans and to include the second floor walkway.

3.7 All fenestration associated with Dwelling 4 to be included on southern elevation.

3.8 The height of the screening to the balcony of Dwellings 16 and 28 reduced to 1.7 metres above the finished floor level.

3.9 Screening to the eastern side of the balconies to Dwellings 16 and 28 to a height of 1.7 metres.

3.10 The timber fence surrounding the balcony of Dwelling 1 to be replaced with glass balustrade or timber sidings.

3.11 Planter boxes along the edge of the communal area located on the southern side of the building to allow for landscape planting. There must be no alteration to the 1.7 metre high privacy screen.



3.12 A corner spay or area at least 50 per cent clear of visual obstructions extending at least 2 metres along the frontage road from the edge of an exit lane and 2.5 metres along the exit lane from the frontage. The area clear of visual obstructions may include an adjacent entry or exit lane where more than one lane is provided.

3.13 The height of all planter boxes to be 1.7 metres above the finished floor level of the balcony, to provide an effective screen 1.7 metres high to achieve compliance with ResCode Standard B22.

3.14 The privacy screens to the balconies of Dwellings 7 to 13 on the ground floor and Dwelling 19 on the first floor to have a height of 1.7 metres above the finished floor level and be no more than 25% transparent.

3.15 All internal screens between balconies to have a height of 1.7 metres above the finished floor level.

3.16 All habitable room windows shown with obscure glazing are to be fixed and obscured to 1.7 metres, with any part above openable.

3.17 The proposed 500mm fence extension along the southern and northern boundary to be provided as an internal free standing screen.

3.18 Shading devices to all northern, western and eastern windows.

3.19 Annotation that “the installation of drainage or sewerage assets within the Structural Root Zone and Tree Protection Zone of the Grevillea robusta or Liquidambar styraciflua must minimise potential damage to tree roots by using a suitable method for installation (such as thrust boring) and must be carried out under the supervision of a qualified Arborist”.

3.20 Tree Protection requirements of Conditions 23 to 30 to be annotated.



3.21 Removal of the masonry wall on the southern side of the Balcony to Dwelling 1, unless this wall is non-structural and does not require trenching for foundations. The masonry wall can be replaced with a privacy screen.

3.22 The location and width of easements as approved through Condition 1 of this Permit.

3.23 Bedroom 1 of Dwellings 5 and 17 provided with a full length east facing window.

3.24 The location of walls on the southern boundary as shown on the site plans to correspond with the elevation plans.

3.25 Drainage plans in accordance with Condition 4 of this Permit and any necessary modifications to the plans.

3.24 Landscaping plans as described in Condition 5 of this Permit and any necessary modifications to the plans.

3.25 Waste Management Plan in accordance with Condition 10 of this Permit and any necessary modifications to the plans.

3.26 A Sustainable Deign Assessment in accordance with Condition 8 of this Permit and any necessary modifications to the plans.

3.27 A materials and colours schedule in accordance with Condition 12 of this Permit and any necessary modifications to the plans. Colours and materials to reflect the emerging contemporary natural character of the area as identified in the Boronia Structure Plan.

To the satisfaction of the Responsible Authority.

Drainage plans

4. 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:



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

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

4.3 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.

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

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


Landscape plans

5. 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:

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

5.2 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).

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

5.4 Details of the surface finishes of pathways and driveways.

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



5.6 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.

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


6. 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.

7. The landscaping shown on the endorsed plan must be maintained to the satisfaction of the Responsible Authority.

Sustainable Design Assessment

8. 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.

9. Prior to the occupation of the development, the development must be constructed in accordance with the Sustainable Design Assessment.

Waste Management Plan

10. Before the development commences, an amended 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. The amended plan must provide for an allocation of 120L recyclables allowance per week per tenement.



11. 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.

Materials and Colours

12. Before the development starts, a schedule of materials, external finishes and colours to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. Colours and materials must reflect the emerging contemporary natural character of the area as identified in the Boronia Structure Plan. When approved, the schedule will be endorsed and will then form part of the permit.

Fencing

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

14. All fencing costs are to be borne by the developer/owner.

Car parking and Traffic

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

16. The driveway and carparking areas associated with the proposed dwellings as shown on the endorsed plans must be fully constructed 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.

17. Any redundant crossovers must be removed and reinstated with kerb and channel to the satisfaction of the Responsible Authority.



General

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

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

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

21. 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.

22. Walls on adjoining properties must be cleaned and finished to the satisfaction of the Responsible Authority.

Tree Protection

23. All works, including excavation, within the critical root zone areas of the Grevillea robusta and Liquidambar styraciflua located within the frontage of Cypress Avenue and other trees on adjoining properties 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.

24. 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.

25. 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.



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

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

28. 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.

29. 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.

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

Amenity

31. 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: 31.1 The appearance of building, works or materials on the land 31.2 Parking of motor vehicles 31.3 Transporting of materials or goods to or from the site 31.4 Hours of operation 31.5 Stockpiling of top soil or fill materials



31.6 Air borne dust emanating from the site 31.7 Noise 31.8 Rubbish and litter 31.9 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

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

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

32.2 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.

• The total Permissible Site Discharge for the property including all dwellings is 6.3L/s to the existing Council drainage system for a 5 year ARI event.



• Applicant is to direct all stormwater to the drainage system to the Council pit at the front of 12 Cypress Avenue 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.

• 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, eg 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.

• To arrange an inspection of the Tree Protection fencing please contact Council Landscape Team on 9298 8125.

• 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.

• Letterboxes and all other structures (including meter boxes) should be constructed to a maximum height of 900mm or relocated clear of a splayed area (2m x 2.5m) to ensure safe sight distances. Letterboxes shall face towards the street frontage.

• Internal public lighting should be provided to the satisfaction of the Responsible Authority. 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.

• 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. LOCKWOOD SECONDED: CR. GILL That the recommendation be adopted. CARRIED


Appendices page 1 of 8

49 COUNCIL – CITY DEVELOPMENT 23 April 2013 COUNCILLOR COOPER VACATED THE CHAMBER AT 7.47PM PRIOR TO DISCUSSION ON ITEM 6.3 COUNCILLOR COOPER RETURNED TO THE CHAMBER AT 7.48PM DURING DISCUSSION ON ITEM 6.3

BAIRD WARD

6.3 APPLICATION TO DEVELOP THE LAND FOR SIX (6) DOUBLE STOREY DWELLINGS AT 18 WOODVALE ROAD, BORONIA Melway Ref. 64 H10 (Application No. P/2012/6691)

1. SUMMARY:

Land: 18 Woodvale Road, Boronia Applicant: Peter Thomas Building Design Proposed Development: Development of the land for 6 double

storey dwellings Existing Land Use: Single Dwelling Area/Density: 989m2 / 1:164m2 Zoning: Residential 1 Zone Overlays: Design and Development Overlay

(Schedule 7) Vegetation Protection Overlay (Schedule 3)

Local Policy: Municipal Strategic Statement (MSS) Housing Policy Boronia Major Activity Centre Local Policy

Application Received: 17 September 2012 Number of Objections: 13 PCC Meeting: 19 February 2013 Assessment:

It is considered that the development provides an appropriate balance between policies that encourage increased housing densities within the Boronia Activity Centre and the amenity of adjoining properties.

The proposal is considered to be compatible with its activity centre setting, the zoning of the land, and the Design and Development Overlay Schedule 7 in terms of building height and colours.

The proposal complies with the Vegetation Protection Overlay Schedule 3.

On balance it is considered that the proposal responds adequately to State and Local Planning Policies, and it is recommended that Council issue a Notice of Decision to Grant a Planning Permit, subject to conditions.

50 COUNCIL – CITY DEVELOPMENT 23 April 2013 6.3 18 Woodvale Road, Boronia (cont’d)

2. BACKGROUND

2.1 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 western side of Woodvale Road, Boronia. The site has an overall area of 989m2 with a frontage to Woodvale Road of 18.59 metres. A single storey dwelling and associated outbuildings occupy the site.

• Adjoining properties are used for residential purposes. Dwellings in the immediate area are generally single storey medium density unit developments or single dwellings on a lot. To the immediate west of the site is St Josephs Primary School. It is noted that there are recent approvals for apartment and townhouse style developments within the area.

• The site contains some trees and shrubs. No native vegetation is located on site.

2.2 The Proposal

(Refer to attached plans at Appendix B)

The applicant proposes to remove the existing dwelling and construct 6 attached dwellings. Details are as follows:

• Six (6) dwellings each containing two bedrooms. All dwellings are provided with amenities, kitchen and open plan living / meals area and a balcony. The building will have a maximum height of 6.5 metres and be finished in brick and various styles of cladding.

• Access to the units is via the existing crossover and new driveway along the southern boundary.

• All vegetation is proposed to be removed from the site to facilitate the development. A permit is not required for the vegetation to be removed.


3. CONSULTATION

3.1 Advertising

The application was advertised by way of signs on the site and notices were sent to adjoining property owners and occupiers. 13 objections were received and can be summarised as follows:

Traffic and car parking.

• Council’s Traffic Department have not raised any issues in regard to the catering of additional traffic. Car parking has been provided in accordance with ResCode, including one visitor space.

The density of development and two storey development not in keeping with Neighbourhood Character

• The proposed two storey development has a relatively low profile with a maximum height of 6.5 metres, below the 11 metre 3 storey height limit imposed by the DDO7.

Overlooking adjoining properties and school.

• A condition on any permit issued will require that windows and screens that have unreasonable overlooking into adjoining properties will be screened or have a sill height of 1.7 metres above finished floor level.

Overshadowing adjoining properties.

• Shadowing complies with the ResCode requirement. It is noted that the building has a low profile, helping to reduce shadowing to southern properties.

Infrastructure issues.

• No issues have been raised by Council’s Drainage Department. Provision of water, sewerage, electrical and other infrastructure must be to the satisfaction of the relevant Authorities. Standard conditions would be required on any permit issued.


No opportunities for Landscaping.

• There is space for adequate canopy tree planting within the front and side setbacks. The backyards provided will allow for one smaller size tree in each private open space area. A landscape plan would be a requirement on any permit issued.

Removal of vegetation and environmental impact.

• Vegetation on site has been assessed by Council’s Arborist. It was noted that the vegetation on site was not native and not considered to be significant. Replanting would include native

canopy trees. In addition, a Sustainable Design Assessment would be required to be submitted and approved by Council.

Waste collection.

• A suitable waste collection method will be agreed to by Council’s Waste Department.

Public Safety

• The development provides additional surveillance of the street and is not expected to adversely affect public safety. The nature of potential purchasers or renters of the units is not a concern that can be considered under planning.

3.2 Planning Consultative Committee Meeting

A Planning Consultative Committee (PCC) Meeting was held at the Civic Centre on 19 February 2013. Four objectors attended the meeting. The concerns of the objectors were expressed, and the applicant presented the design concepts. Objectors expressed the following concerns:

• Overlooking adjoining properties and school.

• Overshadowing.

• Traffic and car parking.

• Overdevelopment and two storey development.

• Infrastructure issues.

• Landscaping, vegetation removal, and environmental impact.


• Waste collection.

• Public safety

The following outcomes/conditions were discussed:

• A 2.4 metre high fence to the rear of the site (western boundary).

• The developer to contribute to the planting of screening vegetation on the school property to the rear, in the vicinity of the rear of the proposed development. It is noted however that this cannot be conditioned on the permit and will be agreed upon between the developer and the school.

• Views from the development to the school to be screened.

3.3 Referrals

The application has been referred to internal departments for comment. The following is a summary of relevant advice:

Traffic Engineer

• All cars to be able to exit the site in the forward direction.

• Only ground covers or low plants to be planted at the end of the visitor’s parking space.

• Standard conditions to be placed on any permit issued.

• The turning circle for Unit 6 is tight. A condition on any permit issued will require that Garage 5 be reduced in length so that cars from Unit 6 and the visitor space have more room to manoeuvre.

Drainage Engineer


City Futures

• No objection to the proposal.

Waste

• A waste management plan is required.


Arborist

• No objection.

• No significant vegetation on site. No permit required for the removal of vegetation.

4. DISCUSSION



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 Design and Development Overlay (Schedule 7)

The site is affected by the Design and Development Overlay (Schedule 7) which implements the Boronia Structure Plan. Under the provisions of the Overlay, a permit is required for buildings and works.

To achieve the design objectives in the Schedule, any proposed development must meet the requirements contained within the Schedule. These include preferred and mandatory building heights, design standards, materials and colours, landscape design and signage.

• The site is located within a maximum building height area of 11 metres / 3 storeys. The proposed building at 6.5 metres high, complies with the height limits in this area.

• The proposed two (2) storey built form and scale of the buildings is considered to be acceptable and is not excessively bulky or large.

• Materials and colours have been nominated that would reinforce the emerging contemporary natural character of the area and are environmentally sensitive.


• There are opportunities for landscaping within the front setback, and along the driveway and private open space areas. A landscape plan to the satisfaction of the Responsible Authority would be a requirement of any permit issued.

4.1.3 Vegetation Protection Overlay (Schedule 3)

• No vegetation protected under the VPO3 is to be removed or affected by the proposed development.


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 building has been designed to be energy efficient and is well orientated. The design is not considered to be overly bulky, provides acceptable setbacks, and areas for landscaping.

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.

• A Sustainable Design Assessment would be a requirement on any permit issued. Passive design features and site layout are conductive to sustainable design.


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.

• Housing choice – The provision of two bedroom townhouses provides a form of housing currently not common in the area and contributes to a greater choice of housing options.

• Integration with infrastructure – The application was referred to Council’s Engineering Department, the development is considered to be satisfactorily integrated into the existing road network. Drainage plans will be required as a condition of any permit issued.

• Energy efficiency – This has been discussed at Clause 15.02.

• Location – The site is located within the Boronia Activity Centre.

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

• Bus Routes No. 737, 753 and 745B run along Boronia Road to the north.

• The Boronia Station is part of the Belgrave train line which travels directly through the eastern suburbs to Melbourne’s CBD and operates Monday to Saturday, 4.30am to 1.30am at various intervals and Sunday 6.00am to 12.00 am at various intervals.

• Route No. 737 from Croydon Station to Glen Waverley via Knox City and Monash University operates at various intervals from 6.16am to 9.38pm Monday to Friday at various times. Saturday services run from 5.55am to 9.35pm at various times. Sunday services operate from half hourly from 8.22am to 9.33pm.

• Route No. 753 provides direct access between the Glen Waverley and Bayswater activity centres, and operates between 5:42am and 9:14pm Monday to Friday at various times; 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.745B operates between Bayswater and Wantirna, travelling along Boronia Road once per day, Monday to Friday, at approximately 2:55pm.

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 an 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 double storey built form of the development is consistent with the height requirements of the DDO7. The low building profile will ensure that smaller trees and shrubs can significantly reduce the impact of the built form.

• The development is visually interesting and provides good quality and functional architecture.

Clause 22.06 Boronia Major Activity Centre Local Policy: This policy seeks to address a lack in availability of a variety of housing types within the Boronia Major Activity Centre, and identifies opportunities for higher density development within the centre to benefit from close proximity to social services and infrastructure. The site is located within a “Dispersed Infill Residential” area within the Land Use Framework Plan. Within this area, it is policy to ensure that infill development in ‘established residential environs’ provides a positive contribution to the local area.

• The proposal will contribute to a variety of housing types within the Activity Centre. The proposal can achieve a design outcome consistent with the Design and Development Overlay (Schedule 7) and ResCode, and therefore will contribute positively to the local area.


Clause 22.10 Housing: 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 the provision of a diversity of housing types and forms; housing that meets the needs of all groups within the community; accessible housing that is well designed and responsive to the local character and environment; and housing that recognises that the environment and landscape significance of the Dandenong Foothills outweighs the need for urban consolidation in the Foothills. Before deciding on an application, the responsible authority will consider, as appropriate, whether: Where an approved structure plan or urban design framework exists for an activity centre listed above, then the location and design of high and medium density housing be guided by the plan or framework.

• The site is located within the Boronia Activity Centre. As such, any development will be guided by the Boronia Structure Plan and the Design and Development Overlay (Schedule 7). See Section 4.1.2 for this discussion and Clause 22.06 above.

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

• The proposed development proposes two bedroom dwellings that provide for a range of smaller households and land sizes and will contribute to a diversity of housing within Knox.

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 maximum height of 6.5 metres, is consistent with the preferred character and building heights for the area, as directed by the Design and Development Overlay (Schedule 7) which implements the Boronia Structure Plan and indicates a building height of 11 metres (3 Storeys) for this site.

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

• Conditions on any permit issued will require overlooking to be addressed with additional screening and use of highlight windows. The building is not considered to be overly bulky and has a relatively low height.

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

Residential Policy – Generally complies. Refer to comments above at Section 4.2.2.

Dwelling diversity – Complies.

Infrastructure – Complies. Integration with the street – Complies subject to a condition requiring a 6

metre setback.


Site Layout and Building Massing

Street Setback – Does not comply. It is generally appropriate to have a reduced setback to help facilitate increased densities within the Residential 1 Zone. However, a condition on any permit issued will require the setback to be 6 metres to provide for additional landscaping and in line with recent developments along Woodvale Road.

Building Height – Complies.

Site Coverage – Complies.

Permeability – Complies.

Energy Efficiency – Complies.

Landscaping – Complies. A condition on any permit issued should require a landscape plan to the satisfaction of the Responsible Authority.

Access – Complies.

Parking 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 – Can comply. A condition on any permit issued will require that screening and highlight widows be utilised in accordance with ResCode to ensure there are no unreasonable overlooking impacts.

Internal views – Complies.

Noise – Complies.


On-Site Amenity and Facilities

Daylight to new windows – Complies.

Private Open Space – Complies.

Solar access – Complies.

Storage – Complies.

Front fence – Complies.

4.4 Particular Provisions

Clause 52.06 – Car Parking

Prior to a new use commencing or a new building being occupied the car parking spaces required under Clause 52.06-5 must be provided on the land or as approved under Clause 52.06-3 to the satisfaction of the responsible authority.

Clause 52.06-5 outlines the requisite amount of parking to be provided to each dwelling and any applicable visitor parking at a ratio of two car spaces to each three or more bedroom dwelling (with studies or studios that are separate rooms counted as a bedrooms) and one visitor space to every five dwellings for developments of five or more dwellings.

Parking for a dwelling is to be provided at a ratio of 2 spaces for every 3 bedroom dwelling and 1 space for every 2 bedroom dwelling. 1 Visitor parking space is required for every 5 units.

• The proposal satisfies the car parking provision with 1 car spaces provided for each dwelling.

• The proposal satisfies the visitor car parking requirement, with the 1 visitor car parking space provided on site.

Clause 52.06-8 details the design standards for car parking. The provision of car parking should meet the design requirements of this Clause. An assessment of the design standards, including any areas of non-compliance are considered below:

Design Standard 1: Accessways – Can comply. A condition on any permit issued will require that Garage 5 be reduced in length so that cars from Unit 6 and the visitor space have more room to manoeuvre.


Design Standard 2: Car Parking Spaces – Complies

Design Standard 3: Gradients – Complies.

Design Standard 4: Mechanical Parking – Not applicable.

Design Standard 5: Urban Design – Complies

Design Standard 6: Safety – Complies

Design Standard 7: Landscaping – Complies. A landscaping plan will be a condition on any permit issued.

4.5 General Decision Guidelines

Clause 65 of the Knox Planning Scheme and Section 60 of the Planning and Environment Act 1987 set out decision guidelines/matters which the responsible authority must consider when deciding any planning application.

• The decision guidelines of Clause 65 of the Knox Planning Scheme and

Section 60 of the Planning and Environment Act (1987) have been appropriately considered.

5. CONCLUSION

Clause 10.04 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:

• The development is consistent with State Policy, Clause 21.07 (Municipal Strategic Statement), Clause 22.06 (Boronia Activity Centre) and Clause 22.10 (Housing) of the Knox Planning Scheme.

• The built form and height of the proposed development is consistent with

the purpose of the Boronia Structure Plan and policy direction and objectives of the Design and Development Overlay Schedule 7.


• The proposal complies with the VPO3.

• The development is generally compliant with ResCode subject to conditions that should be placed on any permit issued.

• The development provides an appropriate balance between policies that encourage increased housing densities within the Boronia Activity Centre and the amenity of adjoining properties.

6. CONFIDENTIALITY


RECOMMENDATION

That Council issue a Notice of Decision to Grant a Planning Permit to develop the land for Six (6) double storey dwellings at 18 Woodvale Road, Boronia, 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 The landscaping bed at the end of the visitor parking space to be annotated as small plants or ground covers only to allow vehicle overhang.

1.2 The western boundary fence to be replaced with a 2.4 metre high fence.

1.3 The length of Garage 5 to be reduced and setback 8 metres from the southern boundary.

1.4 The front setback increased to 6 metres.

1.5 South facing bedroom windows to be screened with external louvers to 1.7 metres above finished floor level



1.6 The west facing sitting room window of Unit 6 to have a sill height of 1.7 metres.

1.7 North facing obscure windows to be replaced with external louvers to 1.7 metres above finished floor level.

1.8 The south facing upper floor bathroom of Unit 1 to be obscure to 1.7 metres above finished floor level.

1.9 The south facing sitting room window of Unit 6 to be obscure to 1.7 metres above finished floor level.

1.10 Drainage plans in accordance with Condition 2.

1.11 Landscape plans in accordance with Condition 3.

1.12 Sustainable Design Assessment in accordance with Condition 11.

1.13 Waste Management Plan in accordance with Condition 13.

to the satisfaction of the Responsible Authority. Drainage 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.

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

to the satisfaction of the Responsible Authority. Landscaping 3. 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:

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

3.2 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).

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

3.4 Details of the surface finishes of pathways and driveways.

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

3.6 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.

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



3.8 The plans must also show the provision of at least 5 additional indigenous or native canopy trees and at least 12 additional large shrubs chosen from Appendix 4 or 5 of Council’s Landscape Guidelines for Planning Permits. These canopy trees must be a minimum two metres tall when planted.

3.9 The landscaping bed at the end of the visitor space shall incorporate only small plants and ground covers to allow for vehicle overhang.

to the satisfaction of the Responsible Authority.

4. 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.

5. 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.

General 6. All development must be in accordance with the endorsed plans.

7. The development as shown on the endorsed plans must not be

altered without the written consent of the Responsible Authority. 8. Once the development has started it must be continued and

completed to the satisfaction of the Responsible Authority.

9. 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.

10. All walls on the boundaries of adjoining properties must be cleaned

and finished to the satisfaction of the Responsible Authority.



Sustainable Design Assessment 11. 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.

12. Prior to the occupation of the development, the development must

be constructed in accordance with the Sustainable Design Assessment.

Waste Management Plan 13. 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.

Car Parking & Accessways 14. 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.


Recommendation (cont’d) 15. Parking areas and driveways must be kept available and maintained

for these purposes at all times to the satisfaction of the Responsible Authority.

16. Visitor spaces are to be accessible to visitors at all times. Fencing 17. All costs associated with the provision of the fencing are to be

borne by the owner/developer under this permit.

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

Amenity During Construction 19. 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: 19.1 the appearance of building, works or materials on the land 19.2 parking of motor vehicles 19.3 transporting of materials or goods to or from the site 19.4 hours of operation 19.5 stockpiling of top soil or fill materials 19.6 air borne dust emanating from the site 19.7 noise 19.8 rubbish and litter 19.9 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.


Recommendation (cont’d) Stormwater 20. 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.

Permit Expiry 21. This permit will expire if one of the following circumstances

applies:

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

22.2 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.

• Total permissible site discharge – 3.0L/s



Applicant is to direct all stormwater to the north west 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. • 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, eg 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.

• 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.

• 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.


Recommendation (cont’d) • Internal public lighting shall be provided to the satisfaction of the

relevant authority. 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.

• 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. LOCKWOOD SECONDED: CR. MORTIMORE That the recommendation be adopted. CARRIED


SCOTT WARD

6.4 APPLICATION FOR AMENDED PLANS TO RETAIN AN EXISTING CROSSOVER AND DRIVEWAY TO PLANNING PERMIT P/2010/6216 WHICH ALLOWS FOR THE DEVELOPMENT OF THE LAND FOR TWO DOUBLE STOREY DWELLINGS AT 41 TYNER ROAD, WANTIRNA SOUTH, Melway Ref. 63 K12 (Application No. P/2010/6216)

1. SUMMARY:

Land: 41 Tyner Road, Wantirna South Applicant: Pauline Barrow Proposed Development: Amended plans to retain the existing

crossover and driveway to Planning Permit P/2010/6216 which allows for the development of the land for two double storey dwellings. (Application No. P/2010/6216)

Existing Land Use: Two Dwellings Area/Density: 973m2 / 1:486m2 Zoning: Residential 3 Zone Overlays: None Local Policy: Municipal Strategic Statement (MSS)

Neighbourhood Character Policy Housing Policy

Application Received: 19th February 2013 Number of Objections: None

Assessment

The amendment proposal to retain an existing crossover and driveway for Planning Application P/2010/6216 is considered inconsistent with the objectives for residential development as contained within the Local Planning Policy Framework of the Planning Scheme and in particular Clause 55 ResCode Assessment for two or more dwellings and Clause 22.07 Garden Court Neighbourhood Character.

The amendment proposal is contrary to the key design objectives of the Garden Court Neighbourhood Character to allow for sufficient areas available for planting of canopy trees and landscaping, to minimise the loss of garden space and maintain the openness of front boundary treatments.

The proposed amendment is inconsistent to the previously permitted landscape plan under Planning Permit P2010/6216, which required the planting of new canopy trees and shrubs within all open areas of the site.

On balance it is considered that the proposal does not respond well to Local Planning Policies. It is recommended that Council issue a Refusal to the Amendment.

81 COUNCIL – CITY DEVELOPMENT 23 April 2013 6.4 41 Tyner Road, Wantirna South (cont’d)

2. BACKGROUND

2.1 Planning Permit P2012/6216 • Planning Permit no. P/2010/6216 was issued on 29 July 2010 and allowed

for the development of the land for two double storey dwellings. Condition 8 of the permit required that the development be undertaken in accordance with endorsed plans. Condition 6 required that the development as shown on the endorsed plans must not be altered without the written consent of the Responsible Authority.

• The two dwellings have been constructed on the site, in accordance with the approved permit apart from the issue of the second crossover and driveway.

• The Planning Permit was subsequently amended on 6 December 2012 to amend Conditions 1.1 and delete Condition 1.3 due to a clerical error.

• An amendment submitted on the 21 August 2012 applied for the retention of the crossover to the front of Unit 1 was refused on the 4 September 2012. A second amendment was submitted on the 12 December 2012 also to retain the crossover to the front of Unit 1 was subsequently refused on the 19 December 2012.

• This application is being reported to Council, as it has been ‘Called In’ by Councillor Cooper.

2.2 Subject Site and Surrounds

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

• The subject site is located on the eastern side of Tyner Road adjacent to Walker Reserve, which originally contained a single storey dwelling with an 8 metre front setback. The original lot size had a total land area of 975m² with limited vegetation coverage. The site was subsequently subdivided after the planning permit was issued for two double storey dwellings and divided the site into two lots with a total site area of 385.55m² for Unit 1. There is a Section 173 agreement AH900740H associated with the land, however this does not impact on the proposed amendment.

• A double garage is provided for Unit 1 with access off the common driveway.

• The site and surrounds are located within an established residential area, close to the Knox Shopping Centre.

82 COUNCIL – CITY DEVELOPMENT 23 April 2013 6.4 41 Tyner Road, Wantirna South (cont’d)

2.3 The Proposal

(Refer to attached plans at Appendix B) The proposal seeks permission to make the following amendments to the plans endorsed under Planning Permit P/2010/6216; • The alteration of the previously permitted annotation of ‘existing crossover

to be removed and made good to council requirements’ to ‘existing crossover to be retained and made good to council requirements’.

• To have an open parking space and remove the landscaping required to the front of Unit 1 under the endorsed development and landscape plans.

• This will enable the retention of the existing arrangement for Unit 1, rather than remove the crossover and landscape the area as required by the issued permit.

3. CONSULTATION

3.1 Advertising

The proposed amendment request was not advertised as it will not cause material detriment to any person(s).

3.2 Referrals The amendment did not require any referrals.

4. DISCUSSION



4.1.1 Residential 3 Zone

The site is located within the Residential 3 Zone. A permit is required pursuant to Clause 32.06-2 of the Knox Planning Scheme to subdivide land. One of the purposes of the Residential 3 Zone is to provide for residential development with a variety of dwellings to meet the housing needs of all households and which respects the neighbourhood character and limits the maximum height of a dwelling or residential building.

The Schedule to the Zone changes the private open space requirements of Rescode by increasing the total private open space for each dwelling from 40sqm to 60sqm. Also a minimum area of 40sqm must be provided with a minimum width of 5 metres.

83 COUNCIL – CITY DEVELOPMENT 23 April 2013 6.4 41 Tyner Road Wantirna South (cont’d)

• The lots sizes already provide the required open space and the proposed amendment will not impact the secluded private open space required.


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.

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.

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.

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

• The amendment will not change the intent of the original proposal, State Policy impact negligible.

4.2.2 Local Planning Policy Framework

Clause 22.07 Neighbourhood Character: Garden Court 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.

The key design objectives relevant to the amendment are: To retain the remnant indigenous and other native trees and encourage the new planting of large native trees.

• The amendment proposes to retain the existing crossover to the front of Unit 1 and the addition of a car parking area to the front of the dwelling which limits the ability to plant new large native trees.

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

• The amendment intends to enable parking within the front setback of Unit 1 which would result in the loss of garden space and the dominance of car facilities to the front of Unit 1. As there is limited ability to provide appropriate screening this amendment would result in the parking space becoming a dominant feature of the site.


To maintain the openness of front boundary treatments

• The amendment will affect the landscaped boundary treatment to the front of the site due to the proposed retention of the crossover and the addiction of a car parking area. This would allow for car parking to the front of the Unit 1 which is not encouraged by Council.

4.3 Clause 52.06 – Car Parking

Prior to a new use commencing or a new building being occupied the car parking spaces required under Clause 52.06-5 must be provided on the land. Car Parking Spaces Required Clause 52.06-5 Number of car parking spaces required – Complies as the amendment will not alter the provision of two double garages which meets the required number of car parking spaces that were approved under the previous planning permit. Design Standards for Car Parking Design Standard 1: Accessways – Complies Design Standard 2: Car Parking Spaces – Complies Design Standard 3: Gradients – Complies Design Standard 4: Mechanical Parking – N/A Design Standard 5: Urban Design – Complies Design Standard 6: Safety – Complies Design Standard 7: Landscaping – Non-compliance, as the proposed amendment refers to the retention of the existing crossover which will result in a reduction to the landscaped area to the front of Unit 1 and encourage car parking.

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

The proposal does not comply 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 – Non-compliance, refer to Section 4.2.2 above. Site Layout and Building Massing Street Setback - Complies Site Cover/permeability – Complies, the proposed retention of the crossover would not exceed the maximum impervious surface coverage under the schedule to the Residential 3 Zone.


Landscaping – Non compliance, the proposed amendment to retain the crossover and provide a car parking space within the front setback would reduce landscaping and planting opportunities. Parking provision and location – Complies, the location of parking is convenient for residents however the amendment proposes to retain the existing crossover and include an additional car parking space to the front of Unit 1 onto Tyner Road which would encourage additional car parking to the front of Unit 1 which is discouraged as outlined under the Clause 22.07 assessment.

4.5 General 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.

5. CONCLUSION

Clause 10.04 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 proposal is inconsistent with Clause 55 of the Knox Planning Scheme in relation to landscaping and parking provision.

• The amendment is not considered to be in keeping with the objectives of Clause 22.07 Bush Suburban: Neighbourhood Character and does not respond to or provide the landscape requirements which encourage the minimal loss of front garden space and dominance of car facilities.

• The proposal to retain the existing crossover with the addition of a car parking space within the front setback will not be compliant to the ResCode requirements in relation to landscape objectives for additional landscaping opportunities.

• Satisfactory parking arrangements already exist for this dwelling.

6. CONFIDENTIALITY



RECOMMENDATION

That Council issue a Notice of Refusal to Grant an Amendment to Planning Permit P2010/6216 to retain the existing crossover and driveway at 41 Tyner Road, Wantirna South for the following reasons:

1. The amendment proposal is considered inconsistent with applicable objectives for residential development as contained within Clause 55 of the Planning Scheme in particular neighbourhood character, landscaping and parking provision.

2. The amendment proposal is considered inconsistent with the objectives of Clause 22.07 Neighbourhood Character under the Local Planning Policy Framework.

3. The proposed amendment is inconsistent to the previously permitted landscape plan under Planning Permit P2010/6216, which required the planting of new canopy trees and shrubs within all open areas of the site.

COUNCIL RESOLUTION MOVED: CR. COOPER SECONDED: CR. HOLLAND

That Council approve amended plans associated with Planning Permit P/2010/6216 to retain an existing crossover and driveway pursuant to Section 72 of the Planning and Environment Act 1987. CARRIED

92 COUNCIL 23 April 2013 COUNCILLOR COSSARI VACATED THE CHAMBER AT 8.05PM DURING DISCUSSION ON ITEM 7 COUNCILLOR COSSARY RETURNED TO THE CHAMBER AT 8.07PM DURING 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 8.04pm. The following questions were raised with Council:

Question 1 To: CEO Knox Council

What is the cost to council at VCAT when a developer appeals against a council decision on a planning application.

Answer The Chief Executive Officer, Mr Graeme Emonson replied that the representation costs for Council at VCAT depends on the complexity of the issue at hand. If Council engages expert witnesses and the issue before VCAT is of a complex nature then the costs to Council can be more substantial. Simple and straight forward cases at VCAT range between $2,000 - $5,000 and more complex cases can be in excess of $10,000.

Question 2 Has Knox Council “a division” or officers whithin (sic) Council to look after “Knox Council History” it is special!!!

Answer The Mayor, Cr Karin Orpen responded in the negative. Cr Orpen further added that Ambleside is recognised as a museum and is a registered place of deposit for historical items. She advised that it has a vast collection of memorabilia and also has a dedicated “Council room”, housing many items.

Question 3 What are our by-laws “inspection procedure” re overhanging tree’s branches on footpath.

Answer The Director The Director – City Development, Mr Angelo Kourambas, advised that this item would be taken on notice and responded to in writing.

Question Time Concluded at 8.11pm.

93 COUNCIL – ENGINEERING & INFRASTRUCTURE 23 April 2013

ALL WARDS

8.1 SUSTAINABLE TRANSPORT UPDATE

SUMMARY: Sustainable Transport Planner (Melissa Sparrow)

This report provides an update of the work Knox City Council has undertaken in the area of sustainable transport in the past year.

RECOMMENDATION

That Council

1. receives and notes this report; and

2. continues to actively advocate and seek opportunities to improve sustainable transport infrastructure and services for the Knox community.

1. INTRODUCTION

The Knox Integrated Transport Plan documents Council’s key strategic transport objectives which have been informed by the current Vision and Council Plan. The Plan also outlines the critical activities aimed at providing transport to the Knox community.

Within the Integrated Transport Plan there is a strong emphasis on sustainable transport which acknowledges the benefits of providing such a network. With issues such as health and wellbeing, living sustainably, greenhouse gas emissions and rising fuel prices becoming more prominent in people’s lives, providing sustainable transport options for our community has become an important service and advocacy issue.

Council has demonstrated its strong commitment to sustainable transport by investing in three advisory committees, actively participating in advocacy programs and providing education programs.

Knox City Council also supports improvements to sustainable transport through funding in the 5-year Capital Works Program, strategic network planning, day-to-day maintenance activities and providing funding to renew sustainable infrastructure at the optimum time.

While there are a number of activities and events which Knox City Council organises and promotes each year, a highlight from the past year has been the relaunch of the Oppy Bike Ride by the Traffic and Transport team as part of the Knox Festival.

94 COUNCIL – ENGINEERING & INFRASTRUCTURE 23 April 2013 8.1 Sustainable Transport Update (cont’d)

2. DISCUSSION

2.1 Background

Knox City Council has, for many years, recognised sustainable transport and the provision of alternative transport choices as important in creating a more liveable city. The result has been the construction of an extensive network of shared paths, improved pedestrian facilities and successful advocacy campaigns for public transport improvements.

In addition to construction and advocacy work, Council has worked with the Knox community to provide insights into the benefits of using sustainable transport. 2.2 Sustainable Transport Committees

There are a number of Committees in which both Councillors and officers have a role. These include the Knox Public Transport Consultative Committee, Knox Bicycle and Pedestrian Committee (replaced by the Active Transport Committee in December 2012) and the Eastern Transport Coalition.

An overview of issues/activities undertaken over the past year, by each of these Committees is outlined below:

Public Transport Consultative Committee The Public Transport Consultative Committee consists of a Councillor, Council officers, public transport operators and community representatives. Discussions during the past year have included:

• Myki guest presentation as to how the system works.

• Bike racks on buses and whether this was something that the Committee would like to pursue or not.

• Bus service contracts - In July 2012 the State Government invited expressions of interest for the operation of the Melbourne Metropolitan Bus Franchise which represents approximately 30% of the Melbourne public bus network. Submissions from those shortlisted were due earlier this year.

• Bus service improvements media release calling for bus service improvements to Rowville while waiting for the construction of Rowville Rail.

• Alternative methods of seeking community input on public transport issues were discussed due to the difficulty in attracting community representatives for the Committee. Results from these discussions were subsequently included in a report to Council (22 January 2013).

• Community transport increased patronage growth since 2009.


• Discussion as to the important public transport issues (apart from Rowville Rail and Knox Tram) at the February 2013 meeting:

1. Telebus linkages (delivering passengers to train and SmartBus services).

2. Extending the 900 SmartBus route to Ferntree Gully. 3. Pedestrian access to bus stops including footpaths, median breaks,

etc.

Bicycle & Pedestrian Advisory Committee (now the Active Transport Committee) The Bicycle and Pedestrian Advisory Committee was established in December 2010 to provide advice on cycling and walking issues within Knox. Topics discussed have included:

• Mobility Study- determination of areas to audit and development of ranking criteria for funding.

• Oppy Bike Ride- more than 300 cyclists registered for the new and rejuvenated event held in 2013 as part of the Knox Festival.

• Bicycle Wayfinding updates from the working group which Knox Council officers are leading with representatives from other Councils. This project originated from the Bicycle and Pedestrian Advisory Committee.

• Bicycle & Pedestrian Advisory Committee Terms of Reference.

Eastern Transport Coalition The Eastern Transport Coalition (ETC) represents seven municipalities and over one million people in eastern Melbourne. It advocates for accessible and integrated transport in the eastern region of Melbourne to improve liveability and reduce car dependency. Issues discussed have included:

• Rowville Rail and Doncaster Rail updates and discussion.

• Guest: Fiona Richardson, MP, outlined the Labor Party’s position on public transport and in particular ETC projects.

• Taxi Inquiry submission.

• Minor projects advocacy to the State Government including bike cages and median breaks and other bus stop improvements.

• Engaging a consultant to assist with the strategic/advocacy work of the ETC.

• Federal and State Government budget submissions on major needs in the region.

• Missing regional cycle paths.


2.3 Grant Funded Projects

The Corhanwarrabul Creek Trail project will ultimately see a shared path constructed from Stud Road to Wellington Road, along the Corhanwarrabul Creek.

This financial year, Council and Parks Victoria have jointly funded a section of this path from Wellington Road to Corhanwarrabul Creek (alongside EastLink). The path, which connects through to the Eastlink Service Centre, Melbourne Water wetlands and across Dandenong Creek to the Dandenong Creek Trail, is expected to open in April 2013.

The next stage of the project will be to work with the owners of the Caribbean estate to ensure a path is built along the section parallel to Corhanwarrabul Creek and to also seek funding to complete the missing link back across Corhanwarrabul Creek to Stamford House.

2.4 Advocacy and Promotion

Council has an important role to play in advocating for and promoting sustainable transport. While this occurs in some capacity every day, significant initiatives have included:

Oppy Bike Ride

The Oppy Bike Ride is a tribute to one of Australia’s greatest cyclists, Sir Hubert Opperman, who lived in the City of Knox. During his time, Sir Hubert Opperman won awards in the Tour De France, Olympic Games and held many world records in cycling. As a tribute to Oppy’s contribution to cycling, Knox erected numerous Oppy Statues located around Knox’s bike paths and began the Oppy Bike Ride.

For over 10 years, Knox City Council has been supporting the Oppy Bike Ride to ensure that his name lives on. In 2013, the Traffic and Transport Team at Council rejuvenated the ride by expanding the number of available routes and changing it into a fun activity based ride suitable for all levels of cyclists and their families and friends.

In its inaugural year in the new format more than 300 cyclists registered. The event was also supported by local community sporting clubs and businesses who assisted with the tasks and pit stops on the day.

89.9 Light FM were the principal sponsor of the ride and also broadcasted live from the Knox Festival site.

Feedback received from participants has been very positive.


Stringybark Festival

In 2009, a large 7m x 7m vinyl bicycle and public transport map of the municipality was produced to assist the Traffic and Transport Team with its advocacy work. At the 2012 Stringybark Festival, the map was laid out on the ground and people were encouraged to walk onto the map and find where they lived and use a piece of string to measure the distance to their school or work. They were then able to use a time-distance chart to determine the time it would take to walk or cycle to school.

Many residents were surprised how little the estimated time was to walk to their child’s school and said the results would encourage them to try walking their children to school.

Ride 2 Work Day

To celebrate Ride 2 Work Day in October 2012, Council officers hosted a community breakfast in the carpark at the rear of Westfield Knox. This was the fourth year Council has hosted the breakfast which was attended by approximately 60 cyclists.

Walk 2 Work Day

Knox supports the Cancer Council’s National Walk to Work Day each year. The event aims to encourage all staff members to walk to, from and during work on Friday 28 September 2012.

The Transport & Traffic team organised a walking week challenge for staff where staff were given pedometers and asked to record the number of steps they took each day. Staff were encouraged to walk with prizes awarded when staff achieved designated milestones.

More than 130 staff participated in the challenge.

Bicycle Wayfinding Signage

The bicycle wayfinding signage project, which Knox City Council, via the Bike and Pedestrian Committee, initiated with the assistance of Council officers from other municipalities, is looking at developing consistent wayfinding signage throughout the bicycle network in Victoria.

A suite of signs has now been developed and consultation with key stakeholders is continuing.

3. CONSULTATION

No external consultation has been undertaken in preparing this report.


4. ENVIRONMENTAL/AMENITY ISSUES

Transport services affect the quality of life of residents and it is therefore important that there are sustainable transport options available.

Increased awareness of the effect of fossil fuel use, peak oil and increasing prices is driving transport users towards alternative forms of transport in increasing numbers.

5. FINANCIAL & ECONOMIC IMPLICATIONS

Support of the various Council run events and Committees is accommodated within existing operational budgets.

6. SOCIAL IMPLICATIONS

A good transport system provides opportunities for all members of the community to access employment, education and other local services and activities, thereby improving community capacity and minimising social isolation.

7. RELEVANCE TO COUNCIL PLAN

The importance of providing sustainable transport options fits with the theme of ‘Accessible Transport Choices’ and the key actions to:

• Promote non-car based transport modes throughout the municipality.

• Engage in advocacy to encourage improved integrated transport options for the Knox community.

• Provide and improve local transport infrastructure within Council’s control, including footpaths, bike paths and shared pathways, and establish cycling as a transport mode of choice.

8. CONCLUSION

Knox City Council has been involved in a number of sustainable transport activities during the past year, most which are annual events. Participation and interest in these events continues to grow.

With the success of the Oppy Bike Ride it is likely that this event will continue to grow and be an annual event on the sustainable transport calendar.


9. CONFIDENTIALITY

There are no issues of confidentiality associated with this report.

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

That Council

1. receives and notes this report; and

2. continues to actively advocate and seek opportunities to improve sustainable transport infrastructure and services for the Knox community.

CARRIED

100 COUNCIL – ENGINEERING & INFRASTRUCTURE 23 April 2013 COUNCILLOR GILL VACATED THE CHAMBER AT 8.20PM DURING DISCUSSION ON ITEM 8.2 COUNCILLOR GILL RETURNED TO THE CHAMBER AT 8.29PM DURING DISCUSSION ON ITEM 8.2

ALL WARDS

8.2 KNOX REVEGETATION PLAN

SUMMARY: Coordinator – Biodiversity (Nadine Gaskell)

Within the Knox Council Annual Plan 2011-2012, Council identified the need to develop a revegetation plan in order to improve the strategic management of revegetation across the Municipality.

A consultant (Dr Graeme Lorimer) was appointed to produce a draft Knox Revegetation Plan, which included a requirement to consult with stakeholders (internal and external), Council and the local community.

This report considers the Draft Knox Revegetation Plan and makes recommendations to Council on the main elements of various options.

RECOMMENDATION

That Council

1. receives and endorses the Draft Knox Revegetation Plan;

2. adopts the following recommendations considered in the Knox Revegetation Plan:

2.1 Further considers a ‘Green Streets Policy’ to manage its investment in streets and naturestrips.

2.2 Determines plantings for environmental purposes to aim to produce self-sustaining plant populations.

2.3 Adjusts its aspiration of planting at least 100,000 trees per year to planting at least 100,000 plants per year, which includes at least five percent (5%) trees, with a long-term aim to increase tree planting to eight percent (8%) of plantings.

2.4 Considers options for placing greater emphasis on addressing the backlog of street tree replacement at part of its Annual Plan preparation.

2.5 Refers the allocation of budget to cover predicted future needs for plants that have a long lead time to the annual budget process;

3. notes the following recommendations contained within the Knox Revegetation Plan:

101 COUNCIL – ENGINEERING & INFRASTRUCTURE 23 April 2013 8.2 Knox Revegetation Plan (cont’d)

3.1 Advocates for further revegetation with Melbourne Water, Parks Victoria and local members of State Parliament, particularly where revegetation would complement Council’s own revegetation (existing or proposed).

3.2 Aims to restore the previous prominence given to revegetation along stream corridors.

3.3 Continues to support incentive programs: Gardens for Wildlife, Kindergartens for Wildlife and Biodiversity Buddies.

3.4 Recognises the ongoing need to publicise and promote the Council’s approach to revegetation in Knox.

1. INTRODUCTION

Knox City Council plants approximately 150,000 plants each year for a wide variety of purposes, including street tree replacement, bushland habitat management, amenity gardening, landscape improvement and stormwater management. The Draft Knox Revegetation Plan (The Plan) is aimed at optimising the coordination, efficiency and benefits of such plantings.

The Plan provides a strategic overview regarding the implementation and management of revegetation programs in order to protect, enhance and celebrate the identity and greening of the Municipality. It offers major recommendations which are outlined in this report.

2. DISCUSSION

The Plan, which has been distributed separately to Councillors, includes:

• an audit of all plans and programs which inform Council’s revegetation programs and opportunities for improvement;

• a review of the revegetation programs which currently exist in Knox and synergies across the organisation and opportunities for improvement; and

• an identification of revegetation opportunities (including maps and recommended species or Ecological Vegetation Class, where appropriate) for:

− habitat corridors;

− linking reserves;

− linking waterways;

− open space areas;


− street/road reserves;

− amenity; and

− reducing heat island effect/shade.

In The Plan, ‘revegetation’ is widely circumscribed. It includes planting for both amenity and environmental reasons and covers a range of planting complexities from an individual specimen tree in a lawn to reconstruction of natural vegetation with its associated ecological functions. By far, the largest requirement for Council’s plantings is in parks (43%), where they are used to maintain and improve the amenity of parks, which is followed by planting in and around wetlands to assist in the management of stormwater (20%). By contrast, street trees represent less than one percent (1%) of the total number of plants installed but is a substantial financial proportion of total expenditure. This report outlines several issues identified in the Plan and discussed and considers the major recommendations. The Plan provides a number of options which need to be considered by Council and are discussed further in this report together with officer recommendations. The Plan also considers a number of recommendations which whilst operational in nature are noted in the recommendations to Council.

2.1 Street Trees

Given their long term investment, risk profile, significant visual impact, community ownership and other specific issues that need to be considered when planting street trees, it is considered more appropriate for the type and future management of trees to be planted to be part of Council’s Streetscape (Green Streets) Policy i.e. to enable the right tree to be planted in the right location.

Also, the term ‘revegetation’, usually refers to the planting of Australian native species, which are indigenous to the site of the planting. In some cases, species from overseas may be more appropriate for the constraints of a street environment.

Officer Recommendation: Due to the high financial investment, complexity and specialist nature required to determine appropriate species for the planting of street trees, this aspect be considered separately in the Streetscape (Green Streets) Policy, which is currently under review.

2.2 Self-Sustaining Revegetation

The Plan recommends ‘that Council’s plantings for environmental purposes should aim to produce self-sustaining plant populations.’ (Plan ref 3.5) No further comment is made for this recommendation.


2.3 Plant 100,000 Trees Per Year Aspiration

The Plan recommends ‘as part of its upcoming preparation of a new Council Plan, Council replace the ‘100,000 trees’ commitment in light of the new information provided……... Options include providing separate targets for trees and understorey, or just one target for all kinds of plants’ (Plan ref 4.1).

A key aspiration of the current Council Plan is to plant at least 100,000 trees per year to maintain the Green Leafy image of Knox.

The Plan has established that while a target of planting 100,000 trees per annum is aspirational and has attracted public interest on the value of planting trees, it is unlikely to be achievable in practice.

When trees are planted, they need to be accompanied by understory plantings to support aeration and nutrition of the root system and provide a healthy soil microclimate. This is essential for the long-term health of trees.

Consequently, a more holistic aspiration would be to have trees and plants planted together with a target of 100,000 plants, of which some five percent (5%) would be trees i.e. 5000 trees, 95,000 plants.

In this way, the trees, plants and sustainability of both are consolidated and supported, with a longer-term aim of increasing the tree planning to eight percent (8%).

Officer Recommendation: Adjusts its aspiration of planting at least 100,000 trees per year to planting at least 100,000 plants per year, which includes at least five percent (5%) trees, with a long-term aim to increase tree planting to eight percent (8%) of plantings.

2.4 No Net Loss of Street Trees

The Plan recommends ‘that Council’s consideration of funding street tree planting in the 2013 budget take into account:

• the persistent backlog of street trees that have been removed and not replace; and

• the option of putting more emphasis on clearing the backlog at the expense of the bulk tree replacement program.’ (Plan ref 4.2)

No further comment is made for this recommendation, other than to refer the option to Council’s annual budgeting process.

2.5 Advocacy for Planting by Other Organisations The Plan recommends ‘that Council advocates for further revegetation with Melbourne Water, Parks Victoria and local members of state parliament, particularly where the revegetation complements Council’s own revegetation (existing or proposed)’ (Plan ref 4.3).


No further comment is made for this recommendation, other than to note the recommendation.

2.6 Method for Prioritising Revegetation Areas

The Plan recommends ‘that Council restore the previous prominence given to revegetation along stream corridors’ (Plan ref 4.7). No further comment is made for this recommendation, other than to note the recommendation.

2.7 Planting Incentive Programs

The Plan recommends ‘that Council continue to fund its incentive programs: Gardens for Wildlife, Kindergartens for Wildlife and Biodiversity Buddies’. (Plan ref 4.10) No further comment is made for this recommendation, other than to note the recommendation.

2.8 Community Relations

The Plan recommends that:

• ‘the Revegetation Plan be placed on Council’s website for the community to consult;

• staff who are likely to be approached become familiar with the relevant parts of this Revegetation Plan so that they can refer interested or concerned people to the document;

• newspaper articles be periodically sought to explain the unconventional and innovative practices that Council undertakes in line with this Revegetation Plan; and

• temporary explanatory signs are erected next to areas where such practices are being undertaken, as appropriate’. (Plan ref 4.11)

No further comment is made for this recommendation, other than to note the recommendation.

2.9 Lead Times and Budgetting

It is difficult to obtain the optimum plants for revegetation purposes as orders need to be placed before intended planting times, in order to collect and grow strong plants from seed.

Council’s budgetary horizon tends to be one-year and the lead time required for some specialty plants the planting horizon can be three or more years.

Consequently, special vegetations cannot always be supplied in the same financial year as they are ordered and it is not always possible to confidently predict which programs they will be used for when they are ready.


Approaching budget allocation on a long term need basis to take into account the time required for seed collection, propagation and growth would address this issue.

This would align with the current four-year capital works cycle, which would allow for indigenous trees to be grown for future projects as well as a larger palette of indigenous plants for varying revegetation projects. This approach supports long term planning to ensure semi-mature trees of the appropriate species can be supplied when required.

As such, Council would ensure it complies with its genetic integrity policy and allows certainty for plant suppliers to source and grow on a larger number of local provenance plants.

This may occur by reallocating current funding and staging implementation, rather than creating a new resource requirement, in that, there are sufficient funds but it is a budget timing issue.

Officer Recommendation: Refer the allocation of budget to cover predicted future needs for plants that have a long lead time to the annual budget process.

3. CONSULTATION

The Plan was developed with input from internal stakeholders, Environment Advisory Committee, Council, community members, Council staff and the Knox Environment Society.

• The Draft Plan was presented to Council at the 3 July 2012 Issues Briefing meeting to receive feedback.

• The Draft Plan was taken to 24 July 2013 ordinary meeting of Council to adopt a Community engagement process.

• Key community stakeholders were then informed of the Draft Plan by mail or email and feedback was sought.

• A community workshop was held in September 2012 for interested community members providing an overview of the Draft Plan.

• Feedback was received through the engagement process and incorporated into the Draft Plan.

• The updated Draft Plan was presented to Council 5 February 2013 Issues Briefing meeting.

Some of the recommendations require a change in management approach and will require ongoing internal discussions to determine a mutual course of action.



Indigenous vegetation is valued by Council and the desired outcome of this Plan is to enhance this vegetation for future generations.

By supporting this Plan there is an opportunity to enhance habitat corridors that contain rare and vulnerable flora and fauna species, as well as provide improved amenity for the community to enjoy.


Some of the actions recommended in the draft Plan will require modifications to current financial practices but should not require additional financial resource.

Specific projects will be referred to future budget business case submissions for Council’s consideration.


Recent studies have established direct links between the health of individuals and communities and their contact with nature.

The Knox community consistently expresses their appreciation of the ‘green leafy image’ of the municipality.

The planting of indigenous species within streetscapes and parks will showcase to the community species appropriate to gardens that will sustain themselves in the Australian climate.


The matters outlined in this report relate directly to the Sustainable Natural Environment Theme of the Council Plan 2009-13 and in particular the following:

Strategies:

• Encourage and supporting the community to protect and enhance the natural environment.

Key Four Year Priority Actions:

• Further identify sites of biological significance and seek, where practicable, to protect and enhance through linking these to other sites of significance and best practice bushland management.

• Together with the community and other stakeholders, aim to plant a minimum of 100,000 trees in public space per year to enhance natural habitat, open space and bush boulevards by 2012.


8. CONCLUSION

The Knox Revegetation Plan has provided a comprehensive overview of revegetation in Knox and recommends changes for its ongoing management.

The Plan offers significant recommendations, which are outlined and highlighted in this report which will provide a more coordinated approach to revegetation and ensure good quality outcomes.

9. CONFIDENTIALITY

There are no confidentiality issues in this report. COUNCIL RESOLUTION MOVED: CR. COOPER SECONDED: CR. MORTIMORE That Council 1. receives and endorses the Draft Knox Revegetation Plan;

2. adopts the following recommendations considered in the Knox Revegetation Plan:

2.1 Further considers a ‘Green Streets Policy’ to manage its investment in streets and naturestrips.

2.2 Determines plantings for environmental purposes to aim to produce self-sustaining plant populations.

2.3 Adjusts its aspiration of planting at least 100,000 trees per year to planting at least 150,000 plants per year, which includes at least six (6%) trees (9,000) incorporating:

• Street trees – at least 2,000 street trees planted per annum;

• Other roadside plantings – at least 3,000 trees planted per annum;

• Bushland reserves – at least 1,000 tree per annum;

• Council parks – at least 1,500 trees per annum;

• Stream corridor projects – at least 1,000 trees per annum;

• Stormwater management – At least 500 trees per annum;

with a long-term aim to increase tree planting to eight percent (8%) of plantings (12,000 trees).


2.4 Considers options for placing greater emphasis on addressing the backlog of street tree replacement at part of its annual preparation.

2.5 Refers the allocation of budget to cover predicted future needs for plants that have a long lead time to the annual budget process;

3. notes the following recommendations contained within the Knox Revegetation Plan:

3.1 Advocates for further revegetation with Melbourne Water, Parks Victoria and local members of State Parliament, particularly where revegetation would complement Council’s own revegetation (existing or proposed).

3.2 Continues to support incentive programs: Gardens for Wildlife, Kindergartens for Wildlife and Biodiversity Buddies.

3.4 Recognises the ongoing need to publicise and promote the Council’s approach to revegetation in Knox.

4. Restore the previous prominence given to revegetation along stream corridors along with referring of $100,000 from the Open Space Reserve to Council’s 2013/14 Mid Year Budget Review Process considerations and 2014/15 Budget considerations.

5. Revegetation of the identified “priority sites” through the referring of $100,000 per annum from the Open Space Reserve to Council’s 2013/14 Mid Year Budget Process considerations and 2014/15 Budget considerations.

PROCEDURAL MOTION

MOVED: CR. COSSARI SECONDED: CR. LOCKWOOD

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 THE MOTION WAS CARRIED

109 COUNCIL – ENGINEERING & INFRASTRUCTURE 23 April 2013

ALL WARDS

8.3 CONTRACT NO. 1977 – SUPPLY FOR EARTHWORKS – EXCAVATION, DISPOSAL AND PLANT HIRE

SUMMARY: Coordinator – Construction (Matt Balderston)

This report considers tenders for the supply of earthworks, including excavation, disposal of spoils and material and plant hire (wet & dry) for a variety of Capital Works Renewal Programs throughout the Knox municipality and recommends the preferred tenderers to perform the contract.

RECOMMENDATION

That Council

1. accepts the Schedule of Rates tenders submitted (supplied in supplementary confidential report) by Complete Earthmoving Pty Ltd, Spaceformer Civil Pty Ltd, Coates Hire Operations Pty Ltd and Kennards Hire for Contract No 1977 – Supply for Earthworks – Excavation, Disposal and Plant Hire, for a period of 38 months from 1 May 2013 to 30 June 2016 with the option of a further 12 month extension at Council’s discretion;

2. authorise the Chief Executive Officer to formalise the contract documentation and to sign and seal the contracts; and

3. advise the successful and unsuccessful tenderers accordingly.

1. INTRODUCTION

This contract calls for the supply for earthworks – excavation, disposal and plant hire (wet & dry) within the municipality under Council’s Capital Works Rehabilitation Program from 1 May 2013 until 30 June 2016 with the option of a further 12 month extension at Council’s discretion, for a variety of Capital Works projects consisting of mainly drainage and shared path rehabilitation works.

This contract replaces an expired contract of the same name (Contract 1876) which served the needs of Council throughout multiple Capital Works projects.

‘Wet Hire’ means plant is hired with an operator and all fuels and consumables are included in the hire rate. ‘Dry Hire’ means plant only included in the hire rate.

2. DISCUSSION

2.1 Tender Process

Contract No. 1977 was advertised as a Schedule of Rates tender in ‘The Age’ newspaper on Saturday 2 March and Saturday 9 March 2013.

110 COUNCIL – ENGINEERING & INFRASTRUCTURE 23 April 2013 8.3 Contract No. 1977 – Supply for Earthworks – Excavation, Disposal

and Plant Hire (cont’d)

The contract was advertised as a 38 month contract period from 1 May 2013 to 30 June 2016, with the option to extend for a further 12 months (1 Year) at Council’s discretion.

Prospective tenderers were asked to supply rates for specific items as shown below.

Item Description

Excavator 7.5 Tonne Excavator with Tilt Bucket & Rubber Track (WET HIRE)

1.5 Tonne Excavator (WET HIRE) (Rubber Track)

1.5 Tonne Excavator (DRY HIRE) (Rubber Track)

Twin Roller

2.5 Tonne Twin Smooth Drum-Vibrate (DRY HIRE)

Bobcat Skid Steer Loader – Medium/Large (Rubber Track Preferable) (WET HIRE)

Mini Skid Steer Loader (Dingo) (DRY HIRE)

Tipper 10 yard/m Tandem Drive (WET HIRE)

10 yard/m Tandem Drive (Rock/Concrete) (WET HIRE)

Disposal Clean Fill

Disposal Asphalt

Disposal Rubbish

Excavator 1.5 Tonne Excavator (DRY HIRE) (Rubber Track)

Twin Roller

2.5 Tonne Twin Smooth Drum-Vibrate (DRY HIRE)

Bobcat Mini Skid Steer Loader (Dingo) (DRY HIRE)



2.2 Tenders Received

Fourteen tenders were received:

Tenderer Complete Earthmoving Pty Ltd Streetworks Pty Ltd Devil of a Spot Machine Hire Aqeous Motion Pty Ltd Melbourne Tippers & Plant Hire CDN Constructors Pty Ltd JOTOMEX Connells Tipper Hiew Pty Ltd Carl Rech Spaceformer Civil Pty Ltd Environmental Landfill Management Coates Hire Pty Ltd Kennards Hire CAT Rental

2.3 Tender Evaluation

The tenders were evaluated against the following criteria as advertised in the tender documentation with the weighting established prior to the tender process:

• Financial Benefit (Schedule of Rates) - 50% • Experience, Ability and Capacity of Operators – 20% • Condition, Age and Reliability of Plant Equipment – 15% • OH & S and Risk Management Plans – 15%

Under Council’s contract administration procedures a Tender Evaluation Panel was appointed to assess the tenders for this contract. The Tender Evaluation Panel consisted of:

Kai Yap, Executive Engineer – Operations Matt Balderston, Coordinator – Construction Deran Mehmet - Project Delivery Officer – Construction

No officers involved in the Tender Evaluation Panel have any conflict of interest in this matter.



Since the tenders received clearly defined the ability to carry out either wet hire only or dry hire only, it was decided to evaluate the wet hire and dry hire components separately.

The financial benefit impact was evaluated by applying the rates submitted for typical sample projects that would be common for the life of this contract.

A lump sum amount was then arrived at for the sample projects and used for evaluating the financial benefit of the tender.

The Panel arrived at the following ranking when it completed the tender evaluation:

WET HIRE Ranking Order Tenderer

1 Complete Earthmoving Pty Ltd

2 Spaceformer Civil Pty Ltd

3 Melbourne Tippers & Plant Hire

4 Streetworks Pty Ltd

5 JOTOMEX

6 CDN Constructions Pty Ltd

DRY HIRE Ranking Order Tenderer

1 Coates Hire Operations Pty Ltd

2 Kennards Hire

3 Melbourne Tippers & Plant Hire

4 JOTOMEX

5 Spaceformer Civil Pty Ltd

6 Streetworks Pty Ltd

Based on the tender evaluation it is recommended that both Complete Earthmoving Pty Ltd and Spaceformer Civil Pty Ltd be appointed the Wet Hire component of the tender while Coates Hire Pty Ltd and Kennards Hire be appointed the Dry Hire component. With the variety of Capital Works projects expected for the term of the tender this will give Council flexibility in providing optimum service for the community.



2.4 Recommended Tenderers

Complete Earthmoving Pty Ltd

Complete Earthmoving Pty Ltd through its owner/operator Paul Lovell, have been successfully providing Knox City Council excavation/construction services for the past eleven years They were the successful contractor for previous Contract 1876. The company director has 40 years experience in earthworks/construction working on Council projects as well as major road projects with the Western Port Highway and Pakenham Bypass.

Referee checks have been extremely positive and Council staff involved in administering this work have indicated that performance has been to a very high standard, that there have been very few problems and that the contractor has responded promptly to any requests.

It is anticipated that Complete Earthmoving Pty Ltd will give a quality performance and successfully deliver the Wet Hire requirements for this contract.

Spaceformer Civil Pty Ltd

Spaceformer Civil Pty Ltd has 30 years experience in earthworks/construction and Plant Hire working on multiple Council projects as well as a large number of major projects for VicRoads and private consultancies.

Reference checks on recent contract works carried out by Spaceformer Civil Pty Ltd suggest that they are rated highly by their clients and are preferred contractors. They have excellent experience on contracts of this type and have good project management skills. Reports from the supervisors of these works indicate Spaceformer Civil Pty Ltd is performing satisfactorily.

It is anticipated that Spaceformer Civil Pty Ltd will give a quality performance and successfully deliver the Wet Hire requirements for this contract.

Coates Hire Operations Pty Ltd

Coates has over 125 years experience in supplying Dry Hire machinery for a wide variety of earthworks/construction activities.

Coates currently supply a number of councils with all of the Dry Hire items listed in the tender. Referee checks have all been positive and indicated there have been very few problems and that the contractor has always responded promptly to any requests.

It is anticipated that Coates will successfully deliver the Dry Hire requirements for this contract.



Kennards

Kennards has 64 years experience in supplying Dry Hire machinery for a wide variety of earthworks/construction activities.

Kennards currently supply a number of councils with all of the dry hire items listed in the tender They were the successful contractor for the previous contract 1876. Referee checks have all been positive and indicated there have been very few problems and that the contractor has always responded promptly to any requests.

It is anticipated that Kennards will successfully deliver the Dry Hire requirements for this contract.

3. CONSULTATION

Consultation has occurred with potential tenderers and stakeholders during the phases of tender preparation and advertising, and also with the current contract officer and relevant Council staff during the evaluation phase to ensure a successful tendering process was achieved.


This contract will improve Council’s assets and maintain infrastructure integrity well into the future while providing greater amenity to local residents.

Any surplus material from these works will be disposed of at a licenced disposal centre for recycling by the contractor.


The projected cost for the term of the contract based on a typical annual program is $1,800,000.00 (excluding GST).

Funding for this contract will come from Council’s 2012/13, 2013/14, 2014/2015, and 2015/16 Capital Works Rehabilitation Program.

The rates are subject to annual price adjustment in line with Melbourne All Groups CPI changes.


The services under this contract will ensure Council maintain, renew and enhance the amenity and safety of its assets throughout the municipality, benefiting residents and the broader community.




This item has relevance to Council’s 2009 – 2013 Council Plan under the theme of Dynamic Services and Facilities.

It supports the objective of ‘To continuously improve the capacity of Council’s services and infrastructure to best meet the community needs.’

8. CONCLUSION

The preferred tenderers for Contract No. 1977 – Supply for Earthworks – Excavation, Disposal and Plant Hire are Complete Earthmoving Pty Ltd, Spaceformer Civil Pty Ltd, Coates Hire Operations Pty Ltd and Kennards Hire. This is a Schedule of Rates Contract.

The recommended suppliers have the experience and resources to satisfactorily complete the requirements of the contract.

9. CONFIDENTIALITY

A confidential summary providing details of Tender evaluation for ‘Supply of Earthworks – Excavation, Disposal & Plant Hire’ contract, together with the capacity to undertake this contract, is attached to this report.

COUNCIL RESOLUTION MOVED: CR. COOPER SECONDED: CR. LOCKWOOD

That Council

1. accepts the Schedule of Rates tenders submitted (supplied in supplementary confidential report) by Complete Earthmoving Pty Ltd, Spaceformer Civil Pty Ltd, Coates Hire Operations Pty Ltd and Kennards Hire for Contract No 1977 – Supply for Earthworks – Excavation, Disposal and Plant Hire, for a period of 38 months from 1 May 2013 to 30 June 2016 with the option of a further 12 month extension at Council’s discretion;

2. authorise the Chief Executive Officer to formalise the contract documentation and to sign and seal the contracts; and

3. advise the successful and unsuccessful tenderers accordingly. CARRIED

116 COUNCIL – COMMUNITY SERVICES 23 April 2013

ALL WARDS

9.1 INDIGENOUS RECOGNITION

SUMMARY: Community Development Officer – Access & Inclusion (Tom Scanlan)

At the 12 June 2012 Strategic Planning Meeting, a Call Up item requested a report be made available which outlines the merits, implications, and costs of a proposal to erect a sculpture in a public place within the municipality to recognise the past wrong-doings inflicted on Aboriginal Australians. A report in response to this Call Up item was presented to the Strategic Planning Committee on 11 September 2012 and recommended that Council engage with the local Aboriginal community, to ascertain their views on the appropriateness and acceptability of the 12 June proposal to erect a sculpture in a public place to recognise the past wrong-doings inflicted on Aboriginal Australians.

At the 11 September 2012 Strategic Planning Committee Meeting, Council requested that following this engagement, a further report be received to determine whether Council will progress the planning and development process to erect a sculpture as proposed.

Council officers have now conducted the engagement process with local Aboriginal residents, non-Aboriginal residents and stakeholders. This report provides Council with recommendations regarding the proposed options to assist Council to determine whether the planning and development process to erect a sculpture that recognises the past wrong-doings inflicted on Aboriginal Australians is progressed.

RECOMMENDATION

That Council note this report.

1. INTRODUCTION

1.1 Background

At the 12 June 2012 Strategic Planning Meeting, a Call Up item was received requesting a report be made available which outlines the merits, implications, and costs of a proposal to erect a sculpture in a public place within the municipality to recognise the past wrong-doings inflicted on Aboriginal Australians. This report was presented to the Strategic Planning Committee on 11 September 2012 and recommended that Council engage with the local Aboriginal community, to ascertain their views on the appropriateness and acceptability of a proposal to erect a sculpture in a public place to recognise the past wrong-doings inflicted on Aboriginal Australians.


9.1 Indigenous Recognition (cont’d)

The report outlined that development and installation of a public sculpture could have merit as an initiative aimed at recognising culture and heritage; however the local Aboriginal community would need to be engaged to ensure the support of the proposal. Without preliminary and on-going engagement with the people whose lives might have been afflicted by past wrong-doings, there is potential to cause offence or resentment. It may be that the Aboriginal community would prefer Council to support an alternative response such as cultural awareness training or another form of public recognition.

The 11 September, 2012 report outlined that the proposed public artwork could acknowledge and show respect for the local Aboriginal people of the area however a public sculpture of this type would also be likely to surface many sensitive issues within the community. An informed view from the Aboriginal and non-Aboriginal community would need to be ascertained prior to any decisions being made regarding the erection of a sculpture.

A copy of the full report to 11 September, 2012 SPC Meeting is attached in Appendix A for background information.

1.2 Previous Indigenous Engagement

Knox City Council has a long history of progressing Aboriginal reconciliation in practical and symbolic ways. One of the key ways Council has supported implementation has been through a number of initiatives over many years including:

• The endorsement of an Acknowledgement of Traditional Owners Policy;

• Conducting an annual Sorry Day Ceremony;

• Permanently flying the Aboriginal flag and Torres Strait Islander flag on Sorry Day;

• Installation of an acknowledgement plaque at the Civic Centre and on gateway signage; and

• Representation on the Eastern Metropolitan Region (EMR) Aboriginal Partnerships Group.

The 2011 census has identified an increase in the Aboriginal population living in the City of Knox from 482 in 2006 to 543 people. This shows an increase of 13% and maintains Knox’s Aboriginal population as the second largest in the Eastern Metropolitan Region of Melbourne. However it should be noted due to historical underreporting, it is likely that there is a significantly higher number in this population group.



In May 2012, a community Gathering Event was held for local Aboriginal people. The purpose of the day was to stimulate discussion on the headline questions and resulting activities that could be used to identify and better understand Aboriginal and Torres Strait Islander residents and visitors of Knox. The key questions responded to on the day were:

• Who are our Aboriginal and Torres Strait Islander residents in Knox?

• How connected do you feel to other Aboriginal and Torres Strait Islander people in the local area?

• How connected do you feel to information and services in the local area?

• What is important to you and your family?

Councillor John Mortimore, Council staff, community agencies and Aboriginal and non-Aboriginal community members participated in this event. Key themes for Council and community action that emerged from this day included:

• Culture and Heritage Promoting awareness about the cultural significance of certain local sites and the meaning and importance of acknowledgement of Country and Aboriginal flags.

• Service Improvements / Partnership Coordination Share knowledge between Council and other community organisations / agencies about services and target services to meet the needs of Aboriginal people.

• Community Connections Enable opportunities for Aboriginal people to build and strengthen relationships within the City of Knox.

These themes, while needing further exploration support views of other local service providers in relation to the need for strengthened connectedness of the Aboriginal community to each other and to services in Knox. The Gathering Event and annual Sorry Day community event have provided an opportunity to further develop contacts, relationships and partnerships within Knox.

Council’s activities to engage with the aboriginal community and research on effective engagement practices affirm that initiatives aiming to honour and recognise aboriginal culture and history must involve engagement with the aboriginal community.



2. DISCUSSION

Council officers engaged with specific Aboriginal community leaders, members of the non-Aboriginal community, neighbouring Councils, and State Government Departments on the proposed sculpture.

A Community Engagement Plan was developed using the Knox Community Engagement Manual. This plan identified key stakeholders who would be affected by any potential decision and involved a targeted consultation process with a focus on Indigenous leaders. Given the potentially sensitive nature of the proposal a considered approach was needed to engage with the community.

This engagement process included members of the Wurundjeri Land Council, the Indigenous officers from Eastern Health, the Indigenous Liaison officer from Knox Community Health Service, and Indigenous officer from the Department of Human Services (Eastern Region). In addition Professor Henry Atkinson, an Indigenous elder and specialist in education, was consulted about the proposed sculpture.

The recently concluded community engagement process aimed to assist Council to determine whether Council will progress the planning and development process to erect a sculpture. The engagement has indicated that while a sculpture could be one way of recognising the wrong doings inflicted on Aboriginal Australians, alternative activities have been proposed to support this outcome.

2.1 Indigenous engagement

The consultation process revealed the following:

• As outlined in the 11 September 2012 Council report, the proposal did in fact bring up painful memories for some community members. This was evident through some phone calls and letters to Council. The proposed sculpture would serve as a continual reminder of a hurtful and traumatic history and who/how many advocated strongly that Council not progress the development or erection of a sculpture in Knox but to pursue other reconciliation methods such as education, cultural awareness and developing culturally appropriate services.

• Respondents from the Aboriginal community and other stakeholders felt that although a sculpture could be researched and implemented, the use of Council resources would be best served through other reconciliation methods. Respondents commented that there are more preferred activities to enable recognition of wrong doings. The community representatives commented that their needs are more likely to be met through improving access to relevant services, raising community awareness of Aboriginal history and providing opportunities for the Aboriginal community to come together within Knox.



• An integrated approach to reconciliation and moving forward together is preferred rather than a focus on activities that recognise a traumatic past. The past Government policies of forcible removal do need to be recognised and understood for the damage caused for the Aboriginal population, but this needs to be through various reconciliation methods suggested by the community they have affected most. The Aboriginal community representatives suggested a number of initiatives which they felt were appropriate for them. These ideas recognise and reflect on the importance of recognising Aboriginal culture and heritage while also looking toward the future (refer to Section 2.2).

• In Yarra Ranges the local Indigenous community initiated a sculpture project with Yarra Ranges Council. The project took some time to develop and this collaboration resulted in a set of wooden sculptures to promote cultural awareness and celebration based on the theme ‘who we are as Aboriginal Victorians’. The sculptures represent the sub-themes of mountain, desert, freshwater and saltwater people. Yarra Ranges Council has a well established Aboriginal Advisory Committee which is guiding the Council’s draft Reconciliation Action Plan 2013-16 and played a role in the sculpture project.

2.2 Proposed Alternative Actions

On the basis of this engagement process, Council officers recommend that Council does not progress the planning and development process to create a sculpture that recognises the past wrong-doings inflicted on Indigenous Australians. However, the recent and previous engagement processes through the Gathering Event and the ‘Knox@50’ Project have indicated some key areas for action which would be supported by the Aboriginal community. Given the common issues identified through recent consultation it is proposed that Council focus attention, action and resources on the following three areas to assist Council and the community to progress reconciliation and Aboriginal recognition in Knox:

• Recognition of Culture and Heritage The Wurundjeri and Bunurong people of Knox have identified that they want to be seen as the first inhabitants of this country and as such wish to be recognised in this way. This recognition currently occurs through Acknowledgement of Country and other protocols and policy by Council and other local organisations. However this could be further strengthened by increasing awareness about the cultural significance of certain local sites and the meaning and importance of Acknowledgement of Country and Aboriginal flags.



Examples of action to progress this could include:

• Strengthening support for key Aboriginal events including National Reconciliation Week (27 May – 3 June), NAIDOC week (7 – 14 July) in addition to Council’s current support for National Sorry Day (26 May);

• Implementing a cultural heritage approach involving protecting sites of important Aboriginal heritage in collaboration with the local Aboriginal community and the Australian Heritage Council;

• Implementing programs to educate the wider community on local Aboriginal history raising awareness of a culture that has existed for 40,000 to 60,000 years, improving understanding and empathy for Aboriginal culture, practices and way of life building greater understanding of the significant effects previous Government policy has had on Aboriginal culture and community (recognised through events such as “Sorry Day”);

• Encouraging other community awareness raising activities such as local schools flying the Aboriginal flag; promoting Aboriginal culture; and being involved in reconciliation events in the Knox area;

• Development of a Council Aboriginal protocols document; and

• Implementing cultural awareness programs for Council staff and Councillors to increase knowledge of Aboriginal history and culture.

• Service Improvements and Partnership Coordination Promote the value of sharing knowledge between Council and other community organisations / agencies about how services can be provided in a culturally sensitive way and to meet the needs of Aboriginal people. Action to progress this area could include:

• Council supporting services through staff training in cultural awareness, encouraging greater use of services and ensuring effective engagement processes with Aboriginal service users;

• Supporting services to meet together to identify service improvement opportunities; and

• Improving education opportunities for Aboriginal young people by providing educational assistance initiatives such as scholarships, transitional programs and study assistance. Of Knox’s 543 Aboriginal residents, 303 are under the age of 25, or 55 per cent (2011 Census of Population and Housing). Educational opportunities for young people are particularly important for aboriginal young people.



• Community Connections Supporting opportunities for Aboriginal people to build and strengthen relationships between themselves and others within the City of Knox. This would involve the provision of a space or gathering area for Aboriginal members of Knox. It would also involve supporting events which bring the Aboriginal community together. In line with the three areas above, Council officers are currently working on various activities to further reconciliation efforts in Knox. These include:

• The annual Sorry Day Flag raising event in conjunction with Tr@k (Towards reconciliation @ Knox) and local scout groups.

• Council’s Biodiversity team has engaged with an Aboriginal Elder to run three workshops at a local primary school to develop a dance reflective of local Aboriginal history to be shown during National Tree Day 2013.

• Discussions have begun to screen an Aboriginal film at Knox Community Arts Centre during NAIDOC Week (7 – 14 July 2013).

• Delivery of a “Disability and Aboriginality Competency Workshop” for service providers. This will raise awareness among Knox’s disability service providers of issues faced by Aboriginal people with a disability.

• Council representation on the Eastern Metropolitan Region (EMR) Local Government Aboriginal Planners Network and EMR Aboriginal Partnership Group to further develop knowledge and share good practice of reconciliation efforts across the Region.

• Maintaining relationships with local service providers to discuss opportunities to more effectively engage with Knox’s local Aboriginal population.

3. CONSULTATION

In order to explore the proposal to develop a sculpture which would recognise the wrong-doings inflicted on Indigenous Australians, key aboriginal community members were consulted including Knox local elder Professor Henry Atkinson. Members of the non-Aboriginal community were also consulted along with stakeholders from the EMR Local Government Indigenous Planners Network, Department of Education and Early Childhood Development Koori Transition Officer and Council Officers who liaise regularly with the Aboriginal community. This consultation was undertaken in accordance with the Knox Community Engagement Manual.




There are no direct environmental or amenity issues associated with this report.


The following are indicative costs for a range of different sized public artworks:

• A small permanent public art installation (or artwork) – of perhaps 1 m³, may cost in the vicinity of $15,000.

• A medium permanent public art installation (or artwork) – of up to 3 m³, may cost in the vicinity of $30,000.

• A large permanent public art installation – of greater than 3 m³, may cost in the vicinity of $40,000 - $100,000.

The costs provided above do not take into account the ongoing maintenance costs associated with public pieces of art.

Council does not currently have an allocation of funding within the Draft 2013/14 Budget to fund the proposed sculpture project. As outlined in this report, if Council determined to progress the planning and development of a sculpture, there are other external funding opportunities through community grants or sponsorship that could be explored however, there are significant limitations on the funding that Council is eligible to apply for.

The annual program budget for Indigenous Community Development is currently $5,424. For the 2012/13 year the budget allocation to the annual Sorry Day event in May 2013 is approximately $2,412.

The remainder of the budget and staff time is used to continue consultation and engagement with the Aboriginal community to support the ongoing development of trust with the Aboriginal community and to progress dialogue and action on the issues identified from the community Gathering Day and other initiatives outlined in Section 2.2 of this report.

In addition to actions being undertaken within existing resources, it is proposed that applications will be made to external funding bodies and future Council budget processes to seek additional resources to support these initiatives.




The reconciliation process, at local, state and national levels continues to have an impact on the health, wellbeing, recognition and empowerment of Aboriginal people within Knox and the wider community and reflects Council’s commitment to disadvantaged, marginalised and minority groups. Reconciliation based actions contribute to and reflect the priority areas and key strategic directions within the Knox Community Health and Wellbeing Strategy 2009-13. In the long term, reconciliation can contribute to a more healthy, prosperous and connected community where history and diversity are acknowledged and respected.

The results from the recent community consultation process found that representatives of key stakeholders in the community felt that a sculpture would be one way to address reconciliation, but that Council’s funds would be better spent on other initiatives as outlined in Section 2.2 of this report. On the basis of this engagement process, there are indications that if Council did decide to proceed with the proposed sculpture, this would jeopardise Council’s relationship with both the Aboriginal and non-Aboriginal population of Knox and could result in a negative community view of Council.


The Knox City Council Plan 2009-13 (updated 2010) has the following objective:

• Providing and supporting opportunities for community members to participate in a vibrant community life by encouraging and supporting opportunities for artistic and cultural expression, respecting and valuing our heritage, background and traditions as expressed through culture and built form, and providing opportunities for Knox’s diverse community to be recognised and celebrated.

Further engagement with the Aboriginal community of Knox will enable Council to progress this objective.

8. CONCLUSION

The current report provides recommendations following community engagement regarding the appropriateness and acceptability of erecting a sculpture in a public place within the municipality to recognise the past wrong-doings inflicted on Indigenous Australians.

The community’s views were ascertained through a targeted engagement process using established community links and engagement with a number of Indigenous community leaders.



On the basis of the feedback received, it is recommended that Council does not progress the planning process to erect a sculpture that recognises the past wrong-doings inflicted on Aboriginal Australians but instead further progresses the recommended actions outlined in this report including promoting cultural awareness, strengthening culturally sensitive services, supporting educational opportunities, partnership development and supporting key Indigenous activities to progress Indigenous reconciliation within Knox. It is proposed that these strategies, actions and resource needs could be further developed into an Action Plan to enable the community and organisation to better understand Council’s commitment to further reconciliation. As is currently the case, Council officers will continue to seek external funding opportunities, as well as Council resources, to implement these activities.

9. CONFIDENTIALITY

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

That Council note this report. CARRIED

126 APPENDIX A STRATEGIC PLANNING COMMITTEE 11 September 2012

ALL WARDS ITEM 3. INDIGENOUS RECOGNITION

SUMMARY: Manager Community Wellbeing (Kathy Parton) This report responds to a Call Up item from June 2012 Council meeting requesting that a report be available for the September, 2012 Strategic Planning Committee Meeting that outlines the merits, implications, and costs of a proposal to erect a sculpture in a public place within the municipality to recognise the past wrong-doings inflicted on Indigenous Australians. The report should also outline the merits, implications and costs and opportunities of accessing sponsorship to fund the costs of commissioning and erecting the proposed, aforementioned sculpture.

RECOMMENDATION

That Council: 1. Note this report; 2. Engage with the local Indigenous community to ascertain their

views on the appropriateness and acceptability of a proposal to erect a sculpture in a public place to recognise the past wrong-doings inflicted on Indigenous Australians; and

3. Following this community engagement receive a further report to determine whether Council will progress the planning and development process to erect a sculpture as outlined in this report.

1. INTRODUCTION

Knox City Council has a long history of progressing indigenous reconciliation in practical and symbolic ways. One of the key ways Council has supported implementation has been through a number of initiatives over many years including:

• The endorsement of an Acknowledgement of Traditional Owners Policy; • Conducting an annual Sorry Day Ceremony; • Permanently flying the Aboriginal flag and Torres Strait Islander flag on

Sorry Day, • Installation of an acknowledgement plaque at the Civic Centre and on

gateway signage; and • Representation on the Eastern Metropolitan Region (EMR) Aboriginal

Partnerships Group.

The 2011 census has identified an increase in the Aboriginal population living in the City of Knox from 482 in 2006 to 543 people. This shows an increase of 13%. However it should be noted due to historical underreporting it is likely that there is a significantly higher number in this population group.


3. Indigenous Recognition (Cont’d)

2. DISCUSSION

2.1 Indigenous Engagement

A recent reconciliation initiative was a community Gathering Event held in May 2012 for local Indigenous people. The purpose of the day was to stimulate discussion on the headline questions and resulting activities that could be used to identify and better understand Aboriginal and Torres Strait Islander residents and visitors of Knox. The key questions responded to on the day were:

• Who are our Aboriginal and Torres Strait Islander residents in Knox?

• How connected do you feel to other Aboriginal and Torres Strait Islander people in the local area?

• How connected do you feel to information and services in the local area?

• What is important to you and you family?

Councillor John Mortimore, Council staff, community agencies and indigenous and non-indigenous community members participated in this event. Key themes for action that emerged from this day included:

• Culture and Heritage Promoting awareness about the cultural significance of certain local sites and the meaning and importance of acknowledgement of Country and Aboriginal flags.

• Service Improvements / Partnership Coordination Share knowledge between Council and other community organisations / agencies about services and target services to meet the needs of Aboriginal people.

• Community Connections Enable opportunities for Aboriginal people to build and strengthen relationships within the City of Knox.

These themes, while needing further exploration support views of other local service providers in relation to the need for strengthened connectedness of the Indigenous community to each other and to services in Knox. The Gathering Event and annual Sorry Day community event have provided an opportunity to further develop contacts, relationships and partnerships within Knox.

Council’s activities to engage with the indigenous community and research on effective engagement practices affirm that initiatives aiming to honour and recognise indigenous culture and history must involve engagement with the indigenous community.



In the context of this information the development and installation of a public sculpture could have merit as an initiative aimed at recognising culture and heritage. However for such an initiative to be a successful, it would be critical to engage with the local Indigenous community to ensure support of the proposal.

In order to establish whether a sculpture as proposed would support the Indigenous community’s desire to enhance their culture and heritage in Knox, it is recommended that it will be necessary to commence discussions with members of this community. Without preliminary and on-going engagement with the people whose lives might have been afflicted by past wrong-doings, there is potential to cause offence or resentment. It might be that the Indigenous community would prefer Council to support an alternative response such as cultural awareness training or another form of public recognition.

2.2 Benefits

The major aim of the proposed public artwork is to acknowledge and show respect for the local Indigenous people of the area. There are few visible statements of Indigenous heritage and culture in the Knox municipality despite Knox having the second largest population of Aboriginal and Torres Strait Islander people in Melbourne’s Eastern Region.

A sculpture could provide a permanent reminder of past injustices such as the dispossession of land, forced removal of children and loss of traditional ways of life. It could also seek to celebrate the continued existence of the oldest living culture in the world.

Public art plays an important role in stimulating discussion and debate. The silence or gap that currently exists in the community’s awareness of the pre-European past reinforces the historical and systemic denial and invisibility of this past and the law and stories attached to it. Placing an artwork in the public realm that acknowledges and commemorates this past may stimulate discussion and raise local awareness of this important and largely forgotten story of Knox and surrounds.

In general terms, public art is an important part of our public history and our evolving culture. It reflects and reveals our society, adds meaning to our cities and uniqueness to our communities. Public art humanises the built environment and invigorates public spaces. Public art is freely accessible, providing an intersection between past, present and future, and between ideas. During the recent consultative processes held for both the Knox Arts and Cultural Plan and the Open Space Plan the community advised the value and role that public art plays in creating attractive and engaging public spaces.



2.3 Challenges

One of the major challenges associated with the proposal is to recognise the past history of wrong-doing in a way that is acceptable to Indigenous people. Focusing on past wrong-doings may bring up painful memories for members of the Stolen Generation. Others might prefer to emphasise and celebrate the continued existence of a rich cultural heritage that is estimated to be between 40,000 and 60,000 years old. Those that are involved in service delivery with the Indigenous community may argue for a more practical response to past wrong-doings.

The views of the non-Indigenous community will also need to be taken into account. While many people in the community are very supportive of Aboriginal reconciliation this is not a universal view. Some may feel that wrong-doings were committed by previous generations. There is potential for resentment amongst this group if they perceive that they are being held accountable for actions that they did not take part in.

In summary, the proposal is likely to surface many sensitive issues within the community and it will be critical, as is discussed earlier in this report, to undertake a well-planned and comprehensive engagement with Indigenous people in the first instance and manage the potential challenge of opposing views from other sections of the community.

2.4 Process

There are various issues that Council will need to consider before advancing this proposal. Decisions about the type of sculpture, the commissioning process, funding and the location will need to be made. As outlined these decisions should be informed by consultation with the Indigenous community. The first principle of the Knox Community Engagement Manual which guides the development, implementation and evaluation of community engagement processes is that ‘the community should have a say in decisions about actions that affect their lives’. The proposed public artwork should reflect the Indigenous community’s own values, beliefs and view of history in order for it to be a meaningful and respectful gesture. The Manual provides a step by step approach to conducting an appropriate engagement process with all stakeholders likely to be affected.

Once this engagement has occurred and a decision has been made a budget would need to be determined and approved. The costs for the installation of an artwork will need to cover the commissioning process including:

• developing a design brief; • communication of the opportunity (publicity); • selection process; • management of the artist; • installation; and • ongoing maintenance.



The cost of the community engagement process would also need to be included. The minimum cost for this would be $5,000 and would depend on the scope of the project. Section 5 of this report provides some indicative costs for design development and installation of various sized artworks and outlines funding options.

The method of approach to create a new public artwork always needs to fit the purpose of the artwork, and there are a number of approaches that would fit well with this proposed initiative. It is suggested that these options be part of the initial discussion with the local Indigenous community in order to ascertain their preferred approach or method for this project

Options include:

1. Commission a known indigenous (endorsed by the Wurundjeri elders) artist to work with the local indigenous community to tell their story to enable the artist to create an artwork representing their story;

2. Commission a known indigenous (endorsed by the Wurundjeri elders) artist to work with the local indigenous community to tell their story and, with the support of the community, to create the artwork; or

3. Work with the local indigenous community to identify an emerging artist (endorsed by the Wurundjeri elders) and identify the most effective way to support the artist to enhance their skills and to create a high quality and successful outcome for the community.

2.5 Opportunities for funding and sponsorship

Sponsorship

Business sponsorship is an avenue where funding may be available. Businesses are increasingly becoming aware of their corporate social responsibility and the need to contribute to the local community. Companies know that their reputations are enhanced by being seen as good corporate citizens. However, preliminary investigations have not identified any local examples of corporate sponsorship funding for such community arts projects.

All of the large banks have community grants programs that are advertised annually. Smaller community banks that are based in the municipality may also be potential sponsors. Large retailers such as supermarkets and department stores which do business in the municipality have grants programs and/or may be open to a request for one-off sponsorship. Depending on the proposed location of the artwork, it may be possible to negotiate with land and housing developers to contribute to the costs. Some councils have successfully gained sponsorship from their major suppliers for specific projects. This is particularly the case with utility companies.



Council’s Corporate Communications Department has advised that seeking sponsorship for the development and installation of a sculpture to recognise past wrongdoings is not advised as an appropriate course of action for a government authority. Any such activity would be deemed the responsibility of the commissioning public authority rather than an activity that could be effectively contracted to another agency, or funded (even in part) by a third party.

Local Government examples

The City of Greater Dandenong has a public arts strategy and has funded many temporary and permanent installations including those recognising the local Indigenous history. The City of Melbourne has an officer responsible for an Indigenous Arts program and has notable examples of public artworks reflecting Indigenous culture and heritage. The development and funding of new artworks is included in the City of Melbourne’s Reconciliation Action Plan.

Recently the Yarra Ranges Council in partnership with a local Indigenous organisation and the Eastern Regional Libraries, successfully applied for a Federal Government ‘Your Heritage’ grant to create a DVD and interpretative display to tell the story of the Aboriginal community in the Healesville area. Yarra Ranges Council will be making a significant in-kind, and a smaller direct financial contribution to the project.

Community Grants

While not comprehensive, a review of community funding grants specifically for Indigenous heritage projects suggests eligibility is restricted to incorporated Indigenous associations. Arts Victoria has a range of grants that support artists and artistic initiatives. Some funding may be available to support an element of the proposal. Government grants more generally, tend to be restricted to Not-For-Profit associations. However, a more comprehensive search that includes philanthropic trusts may identify potential funding sources that meet all or some of the costs associated with the proposed artwork.

Prior to an application for sponsorship or funding being made a detailed budget would need to be drawn up that is based on decisions about size, location, materials to be used, artists fees and other costs. The community engagement to inform these decisions would need to be funded from new or existing resources.



3. CONSULTATION

Council’s Youth, Leisure and Cultural Services and Corporate Communications Department were consulted as part of the drafting of this report to provide information on the process for commissioning a public artwork, associated costs and sponsorship opportunities. It should be noted that at this time, Knox City Council does not yet have an endorsed public art policy or sponsorship policy. As a consequence, the information contained within this report should be seen as indicative of Council’s preferred future process, and the delivery of this project could be used to inform the development of the policy and procedure in due course.


If Council chooses to progress the installation of public art pieces, consideration of the environmental and amenity impact of the installation would need to occur within the planning stage of the project.

Council’s Asset Management Policy (2009) requires that the officers responsible for developing assets to register the asset and its on-going maintenance program in the appropriate records of the Council asset register. Standard practice in commissioning an artwork requires the provision of a maintenance manual from the artist(s) at the completion of the project, and this is then used to complete the register and record the anticipated on-going maintenance costs.


The following are indicative costs for a range of different sized public artworks. It is important to note that none of these options include the cost of Community Engagement.

• A small permanent public art installation (or artwork) – of perhaps 1 m³, may cost in the vicinity of $15,000. The degree of community consultation of a piece this size may be significantly smaller than for a larger piece but it should not be assumed that this is necessarily the case.

• A medium permanent public art installation (or artwork) – of up to 3 m³, may cost in the vicinity of $30,000.

• A large permanent public art installation – of greater than 3 m³, may cost in the vicinity of $40,000 - $100,000.

Council does not currently have an allocation of funding within its 2012/13 budget to fund the proposed project. As outlined in this report there are other external funding opportunities through community grants or sponsorship that could be explored however, there are significant limitations on funding Council is eligible to apply for.



The annual program budget for Indigenous Community Development is currently $5,424. For the 2012/13 year it is proposed that the budget be allocated to the annual Sorry Day event in May 2013 which is approximately $2,412. The remainder is to be used to continue consultation and engagement with the Indigenous community to support the ongoing development of trust with the Indigenous community and progress dialogue and action regarding the emerging themes from the community Gathering Day.


The reconciliation process, at Local, State and National levels continues to have an impact on the health, wellbeing, recognition and empowerment of Aboriginal people within Knox and the wider community and reflects Council’s commitment to disadvantaged, marginalised and minority groups. Reconciliation based actions contribute to and reflect the priority areas and key strategic directions within the Knox Health and Wellbeing Strategy 2009-13. In the long term, reconciliation can contribute to a more healthy, prosperous and connected community where history and diversity are acknowledged and respected.

Public artworks contribute to the social fabric of a community by:

• contributing to a city’s liveability, creating attractive places to work, live and play, and to visit;

• enhancing the environment and transforming a landscape; and • expressing civic values and bringing increased awareness to social

issues.

Public artworks also have the ability to inform community members. As individuals explore public art and question its meaning, an opportunity to provide new stories to the community is created and learning follows.


The Knox City Council Plan 2009-13 (updated 2010) has the following objective:

• Providing and supporting opportunities for community members to participate in a vibrant community life by encouraging and supporting opportunities for artistic and cultural expression, respecting and valuing our heritage, background and traditions as expressed through culture and built form, and providing opportunities for Knox’s diverse community to be recognised and celebrated.

It is proposed that further engagement with the Indigenous community of Knox will enable Council to progress this objective.



8. CONCLUSION

The proposal to erect a sculpture in a public place to recognise the past wrong-doings inflicted on Indigenous Australians has merit as it could serve as a permanent reminder of the past, celebrate the continued existence of the oldest living culture in the world and bring increased community awareness to the important social issue of Aboriginal reconciliation.

This report has provided indicative costs and potential sponsorship opportunities which could be pursued to support the development of a public sculpture recognising the indigenous community of Knox.

However, if Council wishes to honour and recognise Indigenous culture and history in Knox, engagement with, and the participation of, the local Indigenous community is critical.

Previous engagement has identified a desire by the Indigenous community to have their culture and heritage more fully recognised and enhanced in Knox. Before any decision to proceed with the proposal, discussions should occur with the Indigenous community.

The purpose of further engagement would be to ascertain whether a public sculpture would meet this need. If the decision to proceed with the proposal is agreed upon, or another response is preferred, community engagement with the Indigenous community should be maintained throughout the life of the project. The views of the non-Indigenous community will also need to be taken into account.

9. CONFIDENTIALITY

There are no confidentiality issues associated with this report. COUNCIL RESOLUTION MOVED: CR. SECONDED: CR.

That Council: 1. Note this report; 2. Engage with the local Indigenous community to ascertain their

views on the appropriateness and acceptability of a proposal to erect a sculpture in a public place to recognise the past wrong-doings inflicted on Indigenous Australians; and

3. Following this community engagement receive a further report to determine whether Council will progress the planning and development process to erect a sculpture as outlined in this report.

CARRIED


ALL WARDS

9.2 CONTRACT NO. 1962 – PROVISION OF MEALS/MEAL COMPONENTS FOR DELIVERED MEALS SERVICE

SUMMARY: Manager Healthy Ageing (Fleur Cousins)

This report considers tenders for the provision of meals/meal components for the Council’s delivered meals services (Meals on Wheels) throughout the municipality.

PROCEDURAL MOTION

MOVED: CR. COOPER SECONDED: CR. COSSARI That Item 9.2 be moved and considered after item 15 on the Agenda and that the other items be renumbered accordingly. CARRIED

136 COUNCIL – CORPORATE DEVELOPMENT 23 April 2013

ALL WARDS

10.1 LEASE OF OFFICE 3022, KNOX O-ZONE SHOPPING CENTRE FOR USE AS THE YOUTH INFORMATION CENTRE

SUMMARY: Property Management Coordinator (Angela Mitchell)

This report recommends that Council proceed with the lease of the premises known as Office 3022, Knox O-Zone Shopping Centre for use as the Knox Youth Information Centre.

RECOMMENDATION

That Council sign and seal the lease between the Lessor, Westfield Management Limited, and the Lessee, Knox City Council, for the lease of Office 3022, Knox O-Zone Shopping Centre for 15 months commencing 1 April 2013 with the rental being $43,618 per annum (plus GST).

1. INTRODUCTION

Council officers have negotiated with Westfield Management Limited a lease for Office 3022, Knox O-Zone Shopping Centre, for the Knox Youth Information Centre. Agreement has now been reached with the Lessor, Westfield Management Limited, and the documents are prepared for signing and sealing.

2. DISCUSSION

The Knox Youth Information Centre has been operating as a shop front facility since August 1993.

The Youth Information Centre provides support and counselling to young people and their families, in addition specialist youth services use the venue as a location to engage with young people. At the present time the Youth Health Clinic and Drug and Alcohol counselling operate out of this facility on a regular basis. The venue is also used by a number of youth services group programs such as the Events Crew, Anti-bullying mentors, sexual identity support groups as well as a location for a number of network meetings, ie Primary School and Secondary School Wellbeing networks.

The Youth Information Centre facility is located opposite the newly opened ‘headspace’ service. This co-location supports the active partnership between Council’s Knox focused service and the ‘headspace’ service which will house a wide range of youth mental health and wellbeing services for the wider catchment of the outer eastern region.


10.1 Lease of Office 3022, Knox O-Zone Shopping Centre for Use as the Youth Information Centre (cont’d)

At one stage of the development of the ‘headspace’ facility in Knox O-Zone, it was thought that Council’s Youth Information Centre service could relocate to within the new ‘headspace’ facility. However, as the ‘headspace’ service has evolved, it became evident that such a physical relocation would not work effectively for Council or the ‘headspace’ service. It has now been agreed that the existing co-location of the services within Knox O-Zone should be retained, at least for the next 15 months while the new service is establishing itself.

In addition, over the coming year, Council will be undertaking a service review and planning process for Council’s Youth Service as part of Council’s new four year service planning program. This process will enable Council to identify the best future direction and location for the Youth Information Centre and the most effective way to link with the new ‘headspace’ service as it becomes more established. For these reasons a new lease of the current facility is now being proposed.

The lease is for 15 months with a rental of $43,618 per annum (plus GST) which indicates no increase in the current rental.

3. CONSULTATION

Council officers and Westfield Management Limited have negotiated an appropriate lease for this facility.


The facility (Office 3022) will continue to operate as a Youth Information Centre.


The proposed lease is for 15 months, with the rental being $43,618 per annum (plus GST). It should be noted that this is the current rental with no increase in the term of this lease. Funding for this facility has been provided within Council’s Long Term Financial Strategy.


The Youth Information Centre assists in the response to issues affecting young people and their families. Youth Services are presently working with a number of services within Knox. The venue is also used by a number of youth services group programs such as the Events Crew, Bullying mentors, sexual identity support groups as well as a location for a number of network meetings, ie Primary School and Secondary School Wellbeing networks.


10.1 Lease of Office 3022, Knox O-Zone Shopping Centre for Use as the Youth Information Centre (cont’d)


To improve the health and wellbeing of the Knox community, Knox children and young people nurtured by the families, neighbourhoods and service providers towards optimal health, wellbeing and development. Youth Services continue to increase access to services provided at the Youth Information Centre.

8. CONCLUSION

Council’s Youth Information Centre is a well utilised facility providing assistance and guidance to a number of people. It is recommended that the lease between Westfield Management Limited and Knox City Council be signed and sealed.

9. CONFIDENTIALITY

This report is not of a confidential nature.

COUNCIL RESOLUTION MOVED: CR. COOPER SECONDED: CR. HOLLAND

That Council sign and seal the lease between the Lessor, Westfield Management Limited, and the Lessee, Knox City Council, for the lease of Office 3022, Knox O-Zone Shopping Centre for 15 months commencing 1 April 2013 with the rental being $43,618 per annum (plus GST). CARRIED


ALL WARDS

10.2 ENDORSEMENT OF MAV STATE COUNCIL AND ALGA NATIONAL GENERAL ASSEMBLY MOTIONS

SUMMARY: Coordinator – Governance (Carrie Bruce)

This report seeks endorsement of the Municipal Association of Victoria (MAV) and the Australian Local Government Association (ALGA) motions to be presented to the respective 2013 MAV State Council and National General Assembly meetings.

RECOMMENDATION

That Council endorse the proposed motions contained in Appendices A and B for submission to the MAV 2013 State Council Meeting and the ALGA 2013 National General Assembly respectively.

1. INTRODUCTION

The MAV and ALGA have written to Victorian Councils seeking submissions of motions for consideration at the MAV State Council meeting (to be held on 16 May 2013) and the ALGA National General Assembly (to be held from 16-19 June 2013). Attached to this report as Appendix A (MAV) and Appendix B (ALGA) are the motions put forward by staff, in consultation with Councillors, for endorsement.

2. DISCUSSION

The MAV State Council Meeting considers motions of statewide importance submitted by Victorian municipalities. Resolutions made by the State Council are critical in determining the MAV’s advocacy role.

Similarly, the ALGA National General Assembly of Local Government has played a critical role in driving the local government agenda at a national level for the past 15 years. The theme for this year’s Assembly is “Foundations for the Future – Twenty 13”.

Both of the above forums provide a valuable opportunity for Council to explore and develop statewide and national approaches across a range of areas. The following proposed motions are submitted to Council for endorsement.

MAV • Fire Services Levy • Pensioner Concession • Library Funding

ALGA

• Defined Benefit Superannuation


10.2 Endorsement of MAV State Council and ALGA National General Assembly Motions (cont’d)

3. CONSULTATION

Council has been briefed on and provided input into the motions for submission to the aforementioned meetings.


There are no environmental or amenity issues associated with the preparation of this report.


There are no financial or economic implications associated with this report.


Council plays a key advocacy role on behalf of the community. Participation at both of these forums will assist Council to build strong relationships with other levels of government and develop statewide and national approaches across a range of areas.


The MAV State Council and ALGA National General Assembly consider a wide range of motions that will have relevance to Council’s Plan.

8. CONCLUSION

Contributing to the MAV State Council and ALGA National General Assembly will ensure that Council’s views are represented at a state and national level.

9. CONFIDENTIALITY


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

That Council endorse the proposed motions contained in Appendices A and B for submission to the MAV 2013 State Council Meeting and the ALGA 2013 National General Assembly respectively. CARRIED

141

*Note: Motions must be submitted by one council but may be supported by other councils. The council submitting the motion will need to supply written confirmation from any council(s) listed as supporting the motion. All relevant background information in support of the motion should be included in the space provided for the rationale and not in attachments. The motion and rationale should be no longer than one page.

Appendix A

MAV State Council Meeting – 16 May 2013 To submit a motion for consideration by State Council on 16 May 2013, please complete this form and email to State Council, not later than 18 April 2013. Please note, deadlines are strictly observed.

MOTION STATE GOVERNMENT MUNICIPAL RATES CONCESSION Submitted by: Knox City Council MOTION:

That the MAV advocate to the Victorian State Government to substantially increase the State Government’s maximum annual pensioner rate rebate concession, in addition to annual indexation, to better reflect the increasing costs of living being experienced by eligible pensioners. RATIONALE: Knox City Council is concerned that the Victorian Government’s concession for eligible pensioners on their rates is not keeping pace with the rising costs of living. The State Government Municipal Rates Concession has been indexed annually since 2004-05. From 1 July 2012, the maximum municipal rate concession cap is $198.00, representing a 2.38% increase on the 2011-12 concession of $193.40. The last significant increase in the concession that was not related to an annual indexation was when the concession increased from a fixed base of $135 to $160 in 2004-05.

mailto:[email protected]�

142



MOTION FIRE SERVICES PROPERTY LEVY Submitted by: Knox City Council MOTION:

That the MAV strongly advocate to the Victorian State Government to ensure that Councils receive full and fair compensation for all costs incurred through the implementation and ongoing collection of the State Government Fire Services Property Levy.

RATIONALE: The introduction of the Fire Services Property Levy Act 2012 provides for Councils to act as a collection agency for the State Government Fire Services Property Levy. With this change there are significant costs of implementation and ongoing collection for Councils. It is likely that these costs will be greatest over the first few years. Implementation costs for Councils include:

• Information technology setup costs, property database review and classification including the identification and valuation of non-rateable leviable properties;

• Staff training on administering the Levy and the customer service training required for the ongoing resolution of ratepayer queries on the Levy;

• The local communication campaign required to effectively inform ratepayers of the introduction and implications of the Levy; and

• The review and re-design of Council’s Valuation and Rate Notice to accommodate the Levy.

Ongoing costs include:

• The increased customer service resources that are required to field queries from ratepayers;

• The costs associated with administering the collection, payment and reporting to the State Government; and

• The requirement to value non-rateable leviable properties as part of the 2 year valuation cycle.


143



MOTION FUNDING ARRANGEMENTS FOR VICTORIAN PUBLIC LIBRARIES Submitted by: KNOX CITY COUNCIL MOTION: That the MAV advocate to the Ministerial Advisory Council on Public Libraries that the Victorian State Government revise the current funding mechanisms for Public Libraries as follows:

• Include a specific program line in the State Government Budget for the funding of Victorian Public Libraries;

• The weightings for factors that comprise the Council-specific factors are disclosed to the local government sector for increased transparency; and

• The funding formula for Public Libraries incorporate within Council-specific factors the following: • National Assessment Program Literacy and Numeracy (NAPLAN )Results; and • Australian Early Development Index( AEDI) Results

RATIONALE: • In 2011 the State Government established a Ministerial Advisory Council to conduct a review of

Victorian Public Libraries. • The review is due to be completed by the end of 2013 and is being conducted over two stages

with the latter stage dealing with public library funding. • A matter for consideration is the current funding formula used by the State Government to

allocate its funding contribution to Councils and Regional Library Corporations. The formula entails the following components:

• Component 1 - Per Capita Allocation - 90% is allocated based on the population of the municipality.

• Component 2 - Council Specific Factors - 10% is allocated based on the following specific factors that characterise the municipality. Language - the level of proficiency in English. Population Dispersion – the impact of the need to provide infrastructure and

• services to more than one population centre. Remoteness – the impact caused by remoteness from major service centres. Socio-economic – the level of residents with relative socio-economic disadvantage • are likely to make a greater call on services. Population over 60 - the numbers of residents over 60 likely to make a greater call • on services. • In order to provide greater clarity and transparency on the application of this component it is

considered that the weightings for each factor should be disclosed. • Public libraries play an important role in supporting children and families to access development

opportunities especially with regard to literacy skills. The Australian Early Development Index (AEDI) and the NAPLAN both provide data at a local geographic level to identify areas of childhood vulnerability, including poor literacy development and should be included as considerations in the funding formula for public libraries

• Currently the budget for Public Libraries is incorporated within the global State Budget for local government and as such is highly vulnerable to annual budget processes.

• A distinct budget line within the Victorian State Budget will assist local government and the State Government to have a clearer agreement on service deliverables and enable longer term resource planning.



10.2 Endorsement of MAV State Council and ALGA National General Assembly Motions (cont’d)

APPENDIX B

ALGA National General Assembly 2013 Motion: That the National General Assembly call upon the Commonwealth Government to review the legislative provisions applicable to the ongoing funding of Local Government Defined Benefits Superannuation Schemes to ensure a consistent and sustainable approach for all states and territories. Why is this nationally relevant? (maximum 100 words) This is an important issue for those local governments that have ongoing responsibility for the funding of Defined Benefits Superannuation Schemes. The current, inconsistent legislative approach when compared to similar Federal and State legislative provisions, have resulted in major, one-off and unplanned financial impacts for many Councils. Defined Benefits Superannuation Funding Calls are generally measured in millions of dollars for each Council and have 2 major impacts. Financially, these amounts are a threat to the ongoing financial sustainability of Councils, and secondly are funded at the opportunity cost of community services and asset renewal capital works. Background information and supporting arguments (Maximum 300 words) The legislative provisions applicable to the funding of Defined Benefits Superannuation Schemes for Local Government are inconsistent with the legislative provisions applicable to Federal and State Authorities. A consistent legislative approach would enable greater certainty in Local Government planning for meeting future funding requirements and provide for the financial effects of increased funding to be provided for over a number of years. The ongoing funding of Defined Benefits Superannuation Fund Schemes represents a significant threat to the ongoing financial viability of the Local Government sector. The major issues for consideration by the Commonwealth Government in considering a response to this critical issue are as follows: The one-off, significant and material financial impacts of the current legislative provisions have caused financial distress to many Councils. Many Councils do not have the financial reserves or revenue raising capacity to meet such significant amounts (generally in the millions of dollars) at very short notice. The consideration of a funding approach that provides for the smoothing of the amount required for funding over a longer period would improve the overall financial management and sustainability of local government. The requirement for significant ongoing funding of Defined Benefits Superannuation Schemes has the impact of one or all of the following: reduced services to the community, reduced infrastructure renewal works in the community, an increase in the annual rate burden or an increase in borrowings that require funding through future revenue increases or asset sales. The opportunity cost of funding the Defined Benefits Superannuation funding calls has been significant over the last 10 years and, in a time of global uncertainty, is likely to be repeated.

145 COUNCIL – ITEMS FOR INFORMATION 23 April 2013

ALL WARDS

11.1 WORKS REPORT AS AT 5 APRIL 2013

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 5 April 2013.

RECOMMENDATION

That the works report for April 2013 be received and noted.

1. INTRODUCTION

This report summarises progress on Council’s Capital Works Program for the 2012/2013 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 5 April 2013, is attached as Appendix A.

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

That the works report for April 2013 be received and noted. CARRIED


APPENDIX A 001 Bridges Renewal Program $101,000

Liverpool Road culvert upgrade has been completed and Karoo Road culvert upgrade is underway.

004 High Risk Road Failures $521,000

Program now 85% expended with the remainder of the program to include patching works on Napoleon Road.

007 Road Surface Renewal Program $3,026,000

Program is progressing well with 62 streets currently completed. 008 Drainage Pit and Pipe Renewal Program $1,766,000

Works currently in progress are Oaktree Rise, Lakesfield Reserve, 3 Gibbs Court, 13 Dion Street and Seebeck Road. The Drainage Renewal Program is approximately 80% expended.

009 Footpath Renewal Program $2,421,000

Program progressing well at 86% of funding expended. 010 Bicycle / Shared Path Renewal Program $358,000

Program is 100% complete. 011 Information System Plan Implementation $614,424

Server replacement is nearing completion. Planning for personal computer rollout has commenced.

016 Building Renewal Program $2,249,000

Works scheduled to commence in April include: replacement of carpet - Rowville Preschool (Alan Clayton Wing); replacement of roof - Knox Community Arts Centre; toilet upgrade - Mountain Gate Public Toilets; external painting - Liberty Family Centre; internal painting - Clairekirk Maternal & Child Health Centre and U3A; kitchen upgrades - Mariemont Pre-School, Coonara Community House and Wattle Senior Citizens.


017 Playground Renewal Program $789,840

Tenders are due 9 April for the construction of six local playgrounds by 30 June. Design work is progressing for the Ferntree Gully Recreation Reserve playground renewal.

022 Fire Hydrant Replacement Program $110,000

Payments to South East Water due by mid June. 024 Sassas Avenue Basin Reserve - Caropark Renewal $91,000

Design completed and quotations being called. 025 Plant & Machinery Replacement Program $2,536,000

Program underway with approximately 42% of funds expended and 50% of funds committed.

026 Street Tree Replacement Program $504,000

Following some delays in the consultation process, removal has commenced and planting works are programmed for completion in June.

031 Stamford Park Redevelopment $40,500

Council has sent a request to the Minister for Planning to approve Amendment C93.

043 Shade Sails for Family and Children's Services Facilities $60,500

To date there has been very limited demand for the program with approximately 5% expended.

055 Corhanwarrabul Creek Trail (to Dandenong Creek) - Shared Path $50,500

Design works only. To be undertaken in consultation with Parks Victoria and Caribbean Gardens management.


070 Dog Park No. 1 $10,035

Surface drainage, path infrastructure, plumbing and soft landscaping are complete with turf still being established. Currently access to site is partially restricted.

082 Drainage Upgrades - Ongoing Customer Response $100,000

Minor Works Package 1: Ling Drive - Concept plan finalised and detailed design ready to commence; Daniella Court - Melbourne Water have agreed to modify a main drain pit to provide a relief point and additional Council works to be assessed in 2013/14; Mercia Avenue - Contractor has been appointed. Minor Works Package 2: Timbertop Drive - Works completed and invoice sent to SPAusnet. Minor Works Package 3: 1043 Burwood Highway - Negotiations underway with solicitors and liquidators to gain access to laneway for title pegging prior to works. Concept design completed.

100 Open Space Fencing Replacement $77,000

Program completed. 102 Major Reserves Conversion to Warm Season Grass $243,417

Pickett Reserve has been sprigged and regrassing works are completed at Wally Tew No. 2 oval.

104 Roadside Furniture Renewal Program $74,000

Program progressing with 55% of funds expended. 147 Energy & Greenhouse Program for Council Facilities $50,500

Bena Angliss Kindergarten insulation to be completed by mid April. 224 Library Furniture Replacement $6,000

Library furniture replacement program is completed. 229 Building Code Australia Compliance $13,345

Works now complete.


239 Knox State Emergency Services - Facility Modification $150,000

Contractor timelines received. Start date in week of 22 April with expected completion date the week of 27 May. New milestone payment schedule currently being confirmed with VicSES State Headquaters.

248 Boronia Park Landscaping Implementation Stage 3 $826,371

Progressing detailed design of retarding basin and landscape amenity upgrades with concept plan prepared. Melbourne Water approval on concept design and funding proposal received.

256 The Basin Triangle Landscape Implementation - Stage 3 $268,465

Following public feedback, further investigation is being undertaken on the proposed signalised pedestrian crossing and design is being progressed on the external stage area.

257 Liberty Avenue Reserve Master Plan Implementation Stage 2 $151,500

Tenders have been received and evaluated. Financial checks are currently being carried out prior to approval and awarding of contract.

259 Ferntree Gully Village: Development of Design Plan $851,806

Contract works complete. 266 Tim Neville Arboretum Toilet - Design and Construct $120,000

Works complete. 289 CSR Quarry Reserve - Implementation Stage 4 $151,895

Detailed plans currently under review. Seeking quotes for the construction of a viewing platform at the corner of Stringybark Drive and Beech Close.

310 Egan Lee Reserve - Floodlighting Installation $152,913

Project now complete.


313 Meals On Wheels - Cold Room Awning. $25,000

Project complete.

316 Stud Road, Rowville - Sunshine Street to Timbertop Drive - Footpath $10,000

Plan of subdivision has been lodged with Council. Currently going through the approval process.

317 Mowbray Drive, Wantirna South LATM - Construction $11,777

Works completed. 318 Bike Storage - Various Locations $4,435

All works completed. 342 Kings Park Storm Water Harvesting - Stage 2 $63,840

Project completed.

343 Eildon Park Storm Water Harvesting - Stage 2 $80,440

Project complete. 345 Asbestos Removal $101,000

The final project for this program is due for completion at the end of April. All funds will then be expended.

347 Miscellaneous Industrial Roads - Pavement Rehabilitation $250,000

Program 100% complete. 353 Avalon/Stamford/Stud Road Intersection Modification $116,000

This project is to be undertaken after the Rowville Plan has been prepared.


355 Eastern Recreation Precinct - Indoor Sports Stadium $32,133

Project completed. 356 Eastern Recreation Precinct - Civil Works $896,530

Installation of public lighting and carpark asphalt wearing course completed. Some minor landscape works to be undertaken.

362 Knox Gardens Tennis Court Reinstatement - Stage 3 $65,000

Rehabilitation works completed. 376 Murrindal Playroom Extension (Stage - Two) $655,500

Building works commenced on 25 March for scheduled end of May completion.

387 Local Road Safety Initiatives - 5 various locations $18,657

All works complete. 393 Tirhatuan Drive (No 18) Rowville - Drainage Upgrade $179,480

Drainage analysis reassessed and further design required. Melbourne Water have approved the design in principal and agreed on level of funding.

408 Batterham Reserve No 2 - Renovation $131,644

Project complete. 409 Parks Furniture Renewal $55,000

Program complete. 410 Parks Signage Renewal $30,000

All programmed signs installed.


412 Water Sensitive Urban Design Renewal $150,000

Investigation on initial project list has been undertaken. List of projects to be renewed/amended are as follows: (1) Bergins Road Swale - Planting will be undertaken during late

autumn (May). (2) Starlight Reserve - Detailed design completed. Planting

schedule underway. Tender process to commence April. (3) Bayswater Park - Consultation and design completed. Quotes

will be sought in April.

415 Wellington Road / EastLink - Shared Path $299,489

(1) Bridge - Completed. (2) Shared Use Path - Completed. (3) Fencing contractor commenced after Easter.

416 Rocco Drive, Scoresby - Drainage Upgrade $87,344

Works completed. 418 Guy Turner Reserve Masterplan Implementation $317,000

Landscape architectural consultant finalising construction documentation for Stage 2 works. Tender for construction is expected to be advertised on 19 April.

422 Marie Wallace Oval - Coach Boxes $42,004

Project complete. 423 Marie Wallace Oval - Utility Service Upgrade $5,748

Works complete. 424 Marie Wallace Oval - Floodlighting $137,785

Project complete. 427 Knox Community Arts Centre Upgrade (Stage One) $267,500

Works completed.


437 Boronia Road, Wantirna, Service Road Rehabilitation $210,000

Works Completed. 438 Egan Lee Reserve - Design & Renovation $22,000

Project completed. 439 Rowville Recreation Reserve No 1 - Renovation $579,000

Ground has been sprigged with approximately 50% cover. 440 Ferntree Gully Reserve Terracing Construction $30,200

Works will commence at the completion of the water harvesting project which is currently underway.

441 Tim Neville Arboretum Masterplan Implementation $384,500

Tender recommendation currently waiting approval. 442 Local Area Traffic Management Scheme Landscape Renewal $35,000

Scoping completed and works progammed to begin in May. 443 Reserves Paths Renewal $50,000

Paths at Baldwin Reserve and Katandra Reserve complete. 444 Colchester Reserve - Floodlight Design/Installation $143,988

Works finished but still waiting for SP Ausnet to connect power to site for lights to be commissioned and aimed. Project scheduled to be handed over to responsible club by the end of April.

452 Bayswater Park - Passive Open Space Reinstatement $242,803

Contractor appointed and works due to commence mid April.


455 Parks Crescent, Cypress Avenue, Boronia - Drainage Upgrade $201,419

(1) Drainage Reserve Fencing: Fencing contract works are complete.

(2) Drainage Reserve Swale : Design commenced.

458 Ferntree Gully Reserve - Stormwater Harvesting $444,000

Works have commenced for scheduled completion in mid May. 459 Ferntree Gully Road (No. 1825) - Drainage Upgrade $896,000

Stage 1 works (rear off-set drain at 1823 Ferntree Gully Road) - Contractor appointed and works due to commence 8 April. Overall stages now identified with scoping of Stages 2 - 4 underway.

460 Straughan Close, Lysterfield - Drainage Upgrade $16,685

Retarding Basin works completed. 461 Reservoir Crescent, Rowville - Dam Repair $227,000

Project combined with Heany Park access road. Contract works have reached practical completion.

472 Bowen Avenue and Golden Grove - Water Sensitive Urban Design $250,000

Construction nearing completion.

474 Security System Upgrade - Civic Centre $84,000

Works complete. 477 Susan Street, Bayswater - Rehabilitation $279,000

Contract works programmed for May completion. Combined contract works with Rodney Street and Phyllis Street.

478 Phyllis Street, Bayswater - Rehabilitation $215,000

Contract works programmed for May completion. Combined contract works with Rodney Street and Susan Street.


479 Thomas Street, Ferntree Gully - Rehabilitation $500,000

Combined contract with Kevin Avenue and Gifford Street. Contractor has been appointed and works have commenced along Gifford Street.

480 Kevin Avenue, Ferntree Gully - Rehabilitation $40,000

Combined contract with Thomas Street and Gifford Street. Contractor has been appointed and works have commenced along Gifford Street.

481 Gifford Street, Ferntree Gully - Rehabilitation $121,000

Combined contract with Kevin Avenue and Thomas Street. Contractor has been appointed and works have commenced.

482 Chequers Close, Wantirna - Rehabilitation $100,000

Works Completed 483 Boyd Court, Scoresby - Rehabilitation $115,000

Construction due to commence in May. 484 Hampden Court, Rowville - Rehabilitation $61,000

Survey now completed with design to commence in May. 485 Cairn Curren Close, Rowville - Rehabilitation Design $13,000

Design nearing completion. 486 Tali Karng Close, Rowville - Rehabilitation Design $10,000

Design nearing completion. 487 Ranceby Close, Rowville - Rehabilitation Design $4,000

Survey works nearing completion with design about to commence.


488 Camley Court, Rowville - Rehabilitation Design $5,000

Survey works nearing completion with design about to commence. 489 Wells Avenue, Boronia - Rehabilitation Design $12,000

Design due to be completed in May. 490 DDA Footpath Modifications $100,000

Progressing with 65% expenditure.

491 Gilbert Park Reserve - Carpark Rehabilitation $111,000

(1) Gilbert Park: Design complete and quotes about to be sought. (2) Terama Crescent Carpark: Design complete and quotes about

to be sought. (3) Studfield Shops Carpark - Design due to be completed by

June.

492 Compliance to Food Act - Various Buildings $26,500

Programmed works are currently underway as part of kitchen refurbishments and are due for completion at the end of April.

493 Place Makers Building Compliance Works $40,000

Works progressing well for anitcipated completion in May. 494 Cathies Lane - Landfill Rehabilitation Works $403,500

Landfill gas monitoring consultant appointed. Installation of monitoring equipment completed. Leachate extraction trial process being developed.

495 Fencing Replacement in Early Years Facilities - Scope and Implementation $24,000

Priority listing has been completed with works being undertaken during April school holidays.


496 Blind Replacement in Early Years Facilities - Scope and Implementation $60,000

Prioritised works have commenced and a majority of the replacement will be completed by the end of the April school holidays.

497 Coonara Stone Cottage - Structural Failure Rectification $10,000

Still awaiting final report from heritage architect. This is now expected by the end of April.

498 Knox Park Soccer Floodlight Upgrade $334,500

Project has now been defered until January 2014 after ground renovations have been completed.

499 Knox Park BMX Floodlight Upgrade $89,000

Works complete, awaiting SP Ausnet to connect power to site which is scheduled for the end of April.

501 Bayswater Bowls (Guy Turner Reserve) $201,500

Negotiations with contractor occuring to finalise the commencement date. Currently in discussion to determine the appropriate program of works.

502 Knox Gymnastic Centre Carpark - Flood Lighting Design $5,000

Project has been referred to the 2013/14 Capital Works Program for consideration of funding.

503 Festivals and Events $20,000

Civil works in the Knox Shopping Centre and Civic Centre carpark to commence on 15 April and to be completed by 22 April.

504 Knox Leisureworks - Monotek Flooring $30,000

Works complete.


505 West Gully Preschool Playroom Development - Scope and Detailed Design $55,500

Detailed design underway.

506 Early Years Refurbishment/Upgrade (Standards & Legislation) Program $151,500

Several projects completed. Further works occurring over April school holidays.

507 Scoresby West Preschool - Implement Building Upgrade Plan $106,751

Project completed.

508 Bayswater Primary School - Building (Consultation & Detailed Design) $91,000

Detailed design completed. Awaiting final landscape design.

509 Bayswater Primary School - Carpark (Consultation & Detailed Design) $10,000

Carpark survey due to commence in April. Carpark design to be integrated with building design.

511 Bergins Road / Liberty Avenue Traffic Island $4,000

Works have now been scheduled with contractor and are due to be completed by mid April.

512 High Street Road Shared Path $15,000

To be constructed by early May. 513 Karoo Road / Landsborough Avenue Bus Turn $10,000

Project has been completed. Waiting on final invoice. 514 Ferntree Gully Road Bus Stop Connection $7,000

Project completed.


515 Dog Park No. 2 $45,000

Funding for second dog park directed to Dog Park No.1 to undertake rectification works as per Council resolution of the 25 September 2012.

516 Rumann and Benedikt Reserves - Open Space Upgrade $40,500

Project has been awarded to architectural consultants. 517 Emerson Place Reserve - Open Space Upgrade $252,000

Tenders closed on 27 March. Expecting works to commence in late April.

518 Heany Park - Access Road $45,500

Consultants are currently quoting on design works for education/interpretive precinct.

519 Chandler Park - Open Space Upgrade Design $15,000

Engineering survey completed with design being developed. 520 Mountain Gate Major Activity Centre - Consultation and Design $50,500

Consultants have been appointed and are undertaking the community engagement phase of the project during March/April.

521 Alchester Village - Place Management $35,500

Consultant appointed and program is being finalised. 522 John Street (No.7), Upper Ferntree Gully - Drainage Upgrade $40,000

Survey finalised and design nearing completion. 523 Summit Court (No.5), Boronia - Drainage Upgrade $40,000

Further investigation required to confirm drainage pits and outfall location.


524 Stud Road (No.83), Bayswater - Drainage Design $20,000

Design works nearing completion with community consultation to follow.

525 Cardiff / Herbert Streets Catchment Improvements $25,000

Drainage analysis has begun concurrently with the engineering survey and scoping of works.

526 Knox Community Gardens - Toilet upgrade $91,000

Project completed. 527 Core Application Upgrade (PDR) $202,000

New Professional Development Review system purchased for implementation in April.

528 Lewis Park - Stormwater Harvesting Design $35,500

Project has been placed on hold. 529 Dobson Reserve - Stormwater Harvesting Design $25,000

Design consultancy quotations being sought. 530 Templeton Reserve - Stormwater Harvesting Design $25,000

Design completed. 531 Egan Lee Reserve - Stormwater Harvesting Design $25,000

Design completed. 532 Sheffield Road, The Basin - Water Sensitive Urban Design $131,000

Contractor appointed and works due to commence mid April.


534 Oval Renovation Design $25,000

(1) Knox Park - Lighting contract deferred and oval reconstruction design well underway.

(2) Eildon Park - surveyed and design underway.

535 Renewal of Tennis Courts $120,000

Replacement of fencing at Knox City Tennis Club to be carried out with quotations to be called.

536 Parkland Asset Renewal $90,000

Planning work is underway for planting next autumn. 537 Bush Boulevard $20,000

This program will improve maintenance outcomes on existing Bush Boulevards including planting understory, weed removal and mulching. Quotations are currently being assessed.

538 Cricket Practice Net Renewal Program $100,000

Designs completed for both Talaskia Reserve and Seebeck Oval and quotations are being assessed.

539 Cricket Run-up Renewal $35,000

Wicket run-up works at Kings Park, Scoresby Reserve, Batterham Reserve and Knox Gardens have commenced.

540 Kelletts Road Duplication - Footpath Construction $152,682

Project completed. 541 Civic Centre Structural Works $2,000,000

Report recommending contractor submitted to Strategic Planning Committee Meeting (9 April) for approval.


542 Rodney Street, Bayswater - Rehabilitation $65,000

Combined contract with Phyllis Street and Susan Street. Contract programmed for May completion.

543 Llewellyn Park - Landfill Rehabilitation Works $201,750

Landfill gas monitoring consultant appointed. Installation of monitoring equipment completed. Leachate extraction trial process being developed.

544 Marie Wallace Oval - Spectator Shelters $0

Project anticipated to start end of April, as lead time for steel manufacturing is four weeks.

545 Lewis Park Pavilion Upgrade $150,000

Project has been deferred to 2013/14 for delivery. 546 Ferntree Gully Cemetry Drainage Upgrade $60,000

Works to be carried out by Knox Construction commencing mid April.


ALL WARDS

11.2 WARD CONTINGENCY FUND ALLOCATIONS FOR THE PERIOD 1 JANUARY 2013 – 31 MARCH 2013

SUMMARY: Coordinator - Governance (Carrie Bruce)

This report provides an overview of the allocations from each ward contingency fund for the third quarter of the 2012/13 financial year.

RECOMMENDATION

That Council note the ward contingency fund allocations for the period 1 January 2013 to 31 March 2013.

1. INTRODUCTION

As part of the annual budget, each ward Councillor is provided with an allocation of $16,330 discretionary funding for the financial year. Expenditure against each ward is at the discretion of the relevant ward Councillor in accordance with policy guidelines previously adopted by Council.

In accordance with Council policy, 70% of the annual Ward fund allocation was quarantined for use by the respective incoming Ward Councillor in the financial year in which a general election is held. Accordingly, a proportional provision of $4,899 was allocated for expenditure by Councillors in the period up to the 27 October 2012 municipal elections. Any residual balance for each ward contingency fund prior to the election, has been carried forward for current Councillors.

2. DISCUSSION

At a meeting on 27 March 2012, Council approved guidelines for the use of ward contingency funds. The purpose of these funds is for meeting:

• Requests for incidental funding from individuals and/or community groups within Knox on a Ward basis (excluding applications by individuals for Sporting Grants); and

• Requests for incidental funding on a Ward basis which are not eligible for funding under the Community Development Fund or other Council program(s) or funding arrangement(s).

Ward contingency funds must not supplement, subsidise or replace existing Council Budget allocations.

While funding approval is at the Ward Councillor’s discretion, the following criteria are used in determining any application for ward contingency funds:

• All requests for funding must be in writing; and

• Applications must be from individuals who reside in Knox or community groups that provide services to the Knox community; and


11.2 Ward Contingency Fund Allocations (cont'd)

• For applications of $1,000 or more, successful applicants must provide a statement to Council that the funds have been spent in accordance with their funding application; and

• Allocated funds must provide a community benefit and be in keeping with the objectives and directions of the Council Plan.

Ward contingency allocations for the third quarter of the 2012/13 financial year are as follows:

BAIRD WARD Allocation for the period 01/01/2013 – 31/3/2013 Cr. Peter Lockwood

Date Requested By Purpose of Grant Granted $

Balance $

$10,751.82

05-Mar-13 Knox Relay for Life 2013

Contribution towards hiring marquee and audio/visual equipment (joint grant by 8 Councillors) 340.91 10,410.91

26-Mar-13 Multicultural Harmony Festival

Sponsorship of children’s entertainment and activities (joint grant by 9 Councillors) 222.22 10,188.69

31-Mar-13 Wattleview Preschool Resources for new (second) Preschool Group 750.91 9,437.78

CHANDLER WARD Allocation for the period 01/01/2013 – 31/3/2013 Cr. John Mortimore


Balance $

$11,062.72

26-Feb-13 Boronia Church of Christ Playgroup

Replacement of ride-on equipment (eg scooters, bikes) 454.55 10,608.17



06-Mar-13 The Basin Preschool Rest mats for children 909.09 9,358.17



26-Mar-13 The Basin Music Festival Assoc Inc

Purchase of powered sub (amplifier) to assist with staging at the Festival and future events 750.00 8,385.95

26-Mar-13 The Basin Senior Citizens

Catering expenses for gathering to bring together isolated seniors and pensioners 300.00 8,085.95



COLLIER WARD Allocation for the period 01/01/2013 – 31/3/2013 Cr Joe Cossari, Snr


Balance $

$8,724.10




Assistance with advertising (joint grant by 2 Councillors) 1,000.00 7,501.88

31-Mar-13 Interchange Outer East

Colour Our Youth Festival for 12-24 year olds in Knox 454.55 7,047.33

DINSDALE WARD Allocation for the period 01/01/2013 – 31/3/2013 Cr. Adam Gill


Balance $

$11,926.36

11-Feb-13

Our Lady of Lourdes Primary School - Breakfast Club

Funding to provide students breakfast twice a term for the year 900.00 11,026.36





DOBSON WARD Allocation for the period 01/01/2013 – 31/3/2013 Cr. Karin Orpen


Balance $

$10,030.00



05-Mar-13 Mountain District Learning Centre

Thank You Reception for volunteer workers of Ferntree Gully News and attendance at Seminar on Local Living 908.18 8,780.91





FRIBERG WARD Allocation for the period 01/01/2013 – 31/3/2013 Cr. Tony Holland


Balance $

$10,613.64

18-Feb-13 Mountain Gate Cricket Club

Purchase of trophies and medallions for Juniors Milo Clinic 500.00 10,113.64

26-Feb-13 Carrington Primary School Dancers

Purchase of costumes and makeup for performances at Festivals, for community and competitions 909.09 9,204.55



5-Mar-13 Rowville Lysterfield Community News

Sponsorship of Community Pages for the year (joint grant by 3 Councillors) 454.55 8,409.09

5-Mar-13 Boronia Soccer Club Facilitation of playing strip 990.00 7,419.09



26-Mar-13 Knoxfield Cricket Club

Reimbursement for container storage hire in preparation for new rooms to be built (joint grant by 2 Councillors) 632.50 6,564.37

SCOTT WARD Allocation for the period 01/01/2013 – 31/3/2013 Cr. David Cooper


Balance $

$12,011.82

11-Feb-13 Wantirna South Cricket Club

Purchase of high pressure cleaner, hoses and electrical cord to clean the Club Rooms and wickets 727.27 11,284.55



05-Mar-13

Wantirna South Primary School Parents Association

Set up costs (printing, signage, etc) for Bi-Annual Fete 908.18 10,035.46




Assistance with advertising (joint grant by 2 Councillors) 1,000.00 8,813.24



TAYLOR WARD Allocation for the period 01/01/2013 – 31/3/2013 Cr. Darren Pearce


Balance $

$11,466.38

26-Feb-13 Eildon Parade Preschool

Purchase of educational supplies and tan bark to make play area safe 909.09 10,557.29

26-Feb-13 Liberty Avenue 3YO Kindergarten

Replacement of outdoor play equipment 818.18 9,739.11

26-Feb-13

Eastern Districts Polish Assoc (Melbourne)

2013 Polish Festival including purchase of food processor and 6 gazebos 909.09 8,830.02







TIRHATUAN WARD Allocation for the period 01/01/2013 – 31/3/2013 Cr. Nicole Seymour


Balance $

$10,538.64







26-Mar-13 Knoxfield Cricket Club

Reimbursement for container storage hire in preparation for new rooms to be built (joint grant by 2 Councillors) 632.50 8,888.46



3. CONSULTATION

No consultation has been undertaken in relation to this report. This information is presented as part of Council’s accountability to the community.


There are no environmental or amenity issues associated with this report.

5. FINANCIAL IMPLICATIONS

Council allocated $146,970 in the 2012/13 financial year to ward contingencies. This report reflects allocations expended for the period 1 January 2013 to 31 March 2013.


The ward contingency program allows Council the flexibility to respond to requests for funding from individuals and/or community groups within Knox on a ward basis. These grants provide applicants the opportunity to participate and support a variety of community based programs.


Provision of contingency funds assists Council in meeting its general objectives under the Council Plan.

8. CONCLUSION

This report of expenditure for each contingency account is presented for noting and provides details of expenditure for the period 1 January 2013 to 31 March 2013.

9. CONFIDENTIALITY



That Council note the ward contingency fund allocations for the period 1 January 2013 to 31 March 2013. CARRIED


ALL WARDS

11.3 ASSEMBLIES OF COUNCILLORS

SUMMARY: Manager – Governance (Rhys Thomas)

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 11 March 2013 and Sunday 7 April 2013 are attached to this report.


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

170

RREECCOORRDD OOFF AASSSSEEMMBBLLYY OOFF CCOOUUNNCCIILLLLOORRSS (Section 80A Local Government Act)

Date of Assembly: 12/3/2013

Name of Committee or Group (if applicable):

Issues Briefing Time Meeting Commenced:

7:20pm

Councillors in Attendance: Cr Karin Orpen Cr Joe Cossari Cr John Mortimore Cr Nicole Seymour Cr Darren Pearce Cr David Cooper Cr Adam Gill Cr Tony Holland Cr Peter Lockwood

Council Staff in Attendance: Graeme Emonson Kim Rawlings (Items 1, 2, 3 & 4) Angelo Kourambas Nicole Vickridge (Items 1, 2 & 4) Ian Bell Monique Reinehr (Items 1 & 2) Mark Dupe Peter Kavan (Item 3) Kerry Stubbings Steven Dickson (Item 5) Matters Considered:

1. Declarations of Conflicts of Interest 2. Knox City Council Submission to State Government’s Metropolitan Planning Strategy Discussion Paper 3. Stamford Park Procurement Options 4. Bambury and Elsie Street, Boronia Planning Controls 5. Review of Children’s Crossings in Knox

Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest

Councillor Left Assembly While Matter Being Considered

171




Planning Consultative Committee Time Meeting Commenced:

6:00pm

Councillors in Attendance: Cr John Mortimore Cr Peter Lockwood Cr Tony Holland (seated in gallery)

Council Staff in Attendance: Peter Steele Cliff Bostock Wilhelmina Knorr Matters Considered:

18 Woodvale Road, Boronia - The construction of six (6) double storey dwellings of the land (P/2012/6691) Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


172




Environment Advisory Committee Time Meeting Commenced:

6:30pm

Councillors in Attendance: Cr John Mortimore

Council Staff in Attendance: Ellen Mitchell Trish Winterling Angelo Kourambas Matters Considered:

1. Rowville Plan 2. Street Tree Policy 3. Waste Management Plan 4. Outcomes from MAV Environment Group 5. Embedding Organisational Sustainability Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


173




Rowville Plan Community Reference Group Time Meeting Commenced:

6:30pm

Councillors in Attendance: Cr Nicole Seymour Cr Darren Pearce

Council Staff in Attendance: Kim Rawlings Nicole Vickridge Glenda Signorini Jonathan Wright Matters Considered:

1. Information Gathered at Rowville Plan Community Workshop No. 1 on 13 March 2013 2. Inputs to Evaluation Framework – Community Priorities and Definitions of Successful Outcomes 3. Process for Evaluating Options including Application of Evaluation Framework 4. Draft Composite Development Scenarios for Comment before Community Workshop No. 2 in May

2013 5. Feedback on Rowville Plan Community Workshop No. 1 Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


174




Dinner prior to Council Meeting Time Meeting Commenced:

6:40pm

Councillors in Attendance: Cr Karin Orpen Cr Darren Pearce Cr Adam Gill Cr Tony Holland Cr Joe Cossari Cr John Mortimore Cr David Cooper Cr Peter Lockwood Cr Nicole Seymour

Council Staff in Attendance: Graeme Emonson Kath Oakley Mark Dupe Rhys Thomas Angelo Kourambas Ian Bell Kerry Stubbings Matters Considered:

1. Grounds Allocation Policy 2. 3 Le John Street, Rowville 3. 1 Lancelot Close, Wantirna South Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


175




Issues Briefing – Budget Night 1 Consideration Time Meeting Commenced:

6:25pm

Councillors in Attendance: Cr Karin Orpen Cr Joe Cossari Cr John Mortimore Cr Nicole Seymour Cr Darren Pearce Cr David Cooper Cr Adam Gill Cr Tony Holland Cr Peter Lockwood

Council Staff in Attendance: Graeme Emonson Kerryn Ellis Angelo Kourambas Craig Dinsdale Ian Bell Jon Gorst Mark Dupe Tharshini Balachandiran Kerry Stubbings Matters Considered:

1. Draft 2013-14 Annual Plan 2. Long Term Financial Strategy 3. Draft 2013-14 Operating Budget Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


176




Issues Briefing Time Meeting Commenced:

6:43pm

Councillors in Attendance: Cr Karin Orpen Cr Nicole Seymour Cr John Mortimore Cr David Cooper Cr Darren Pearce Cr Tony Holland Cr Adam Gill Cr Joe Cossari

Council Staff in Attendance: Graeme Emonson Craig Dinsdale (Item 2) Angelo Kourambas Steven Dickson (Item 3) Ian Bell Kirsten Hughes (Item 3) Kerry Stubbings David Blair (Item 4) Kath Oakley Jeremy Angerson (Item 4) Geoff McMeeken (Item 2) Matters Considered:

1. Declarations of Conflict of Interest 2. Development of Knox Waste Management Plan 2014-2021 3. Domestic Animal Management Plan 4. Knox@50 Celebrations 5. 2013 ALGA National General Assembly 6. Forward Report Schedule Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


177




Issues Briefing – Budget Night 2 Consideration Time Meeting Commenced:

6:30pm

Councillors in Attendance: Cr Karin Orpen Cr Nicole Seymour Cr John Mortimore Cr David Cooper Cr Darren Pearce Cr Tony Holland Cr Adam Gill Cr Joe Cossari

Council Staff in Attendance: Graeme Emonson Kerryn Ellis Angelo Kourambas John Gorst Ian Bell Craig Dinsdale Mark Dupe Tharshini Balachandiran Kerry Stubbings Matters Considered:

1. Capital Works Program Finalisation 2. Differential Rating Structure 3. Communications Plan 4. Finalisation of 2013-14 Budget and Long Term Financial Strategy Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


178




Knox Disability Advisory Committee Time Meeting Commenced:

6:30pm

Councillors in Attendance: Cr John Mortimore

Council Staff in Attendance: Nicole Hunter Teresa Donegan Peter Johnston Tom Scanlan Kevin Gregg-Rowan Matters Considered:

1. “Be Active” Project Planner 2. Public Transport Meeting Feedback 3. National Review of Disability Standards for Accessible Public Transport 4. People First Document Review 5. Measuring Outcomes for People with Disabilities 6. Traffic Signal Timings 7. Westfield Meeting 8. Joint Yarra Ranges Disability Advisory Committee Potential Meeting Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


179 COUNCIL 23 April 2013

12. MOTIONS FOR WHICH NOTICE HAS PREVIOUSLY BEEN GIVEN

Nil.

13. SUPPLEMENTARY ITEMS

Nil.

14. URGENT BUSINESS

14.1 URGENT BUSINESS

Nil.

14.2 CALL UP ITEMS

Nil.

15. QUESTIONS WITHOUT NOTICE Councillor Gill – My question is to the Director – Engineering and Infrastructure. The life-sized cut-out of children in Lysterfield – What was the cost of these and how many of these are going up? The Director – Infrastructure and Engineering, Dr Ian Bell advised that this item would be taken on notice and a response provided to Council.

PROCEDURAL MOTION CLOSURE OF MEETING

MOVED: CR. COOPER SECONDED: CR. COSSARI

That in accordance with Sections 89 (2) of the Local Government Act, 1989, the Meeting be closed to members of the public on the basis that discussion is required on contractual matters set out in Section 89 (2)(d) of the Local Government Act.

CARRIED

THE MEETING WAS CLOSED TO THE PUBLIC AT 8.50PM


ALL WARDS

16. CONTRACT NO. 1962 – PROVISION OF MEALS/MEAL COMPONENTS FOR DELIVERED MEALS SERVICE

A confidential report was discussed in camera. MOVED: CR. COOPER SECONDED: CR. SEYMOUR That the meeting be re-opened to the Public. CARRIED

THE MEETING REOPENED TO THE PUBLIC AT 8.56PM

ALL WARDS

CONTRACT NO. 1962 – PROVISION OF MEALS/MEAL COMPONENTS FOR DELIVERED MEALS SERVICE

SUMMARY: Manager Healthy Ageing (Fleur Cousins)

This report considers tenders for the provision of meals/meal components for the Council’s delivered meals services (Meals on Wheels) throughout the municipality.

RECOMMENDATION

That Council 1. Accept the tender of I. Cook Catering Aged Care Services Pty Ltd

for the submitted Schedule of Rates, (the Schedule of Rates comprise a unit price of $9.75 per three course meal in Year One (1) 2013-14 as outlined in Confidential Supplementary Report Appendix A), with an estimated annual contract total of $561,600 in Year One (1 ) for Contract No. 1962 – Provision of Meals / Meal Component for Delivered Meals Service, for the two (2) year period from 1 July 2013 to 30 June 2015, with the option to extend for a further period of up to two (2) years at Council’s discretion.

2. Authorise the Chief Executive Officer to formalise the contract documentation and thereafter the documents to be signed and sealed;

3. Notify all tenderers accordingly; and


16. Contract No. 1962 – Provision of Meals/Meal Components for Delivered Meals Service (cont’d)

4. Adopt the proposed additional fees, outlined in the table below, into Council’s 2013-14 Fees & Charges Schedule.

Type of Fees and Charges Unit

Charge Rate

GST Applied 10% Y/N

Proposed 2013-14 Fee GST Incl.

Low & Medium Income 2 Course Meal of the following combinations:

• Soup & Main • Main & Dessert • Soup & Sandwich (6 point) • Sandwich (6 point) & Dessert

Per Meal N $6.50

Soup Per Serve

N $2.50

Dessert / Fruit Per Serve

N $2.50

Sandwich – 4 point Per Serve

N $4.00


N $6.00

1. INTRODUCTION

Contract 1962 – Provision of Meals / Meal Components for the Delivered Meals Service, calls for the provision for cook chilled meals, frozen meals, sandwiches and salads and multicultural delivered meals for Council’s delivered meals service (known as Meals on Wheels) which are delivered by volunteers to meal recipients throughout the municipality. This contract replaces the current contract (No. 1715), which was awarded to BHS Catering at the Strategic Planning Committee on 13 May 2008, for the three (3) year period from 1 July 2008 to 30 June 2011 with the option of a two (2) year extension at Council’s discretion. Approval was granted at the Strategic Planning Committee held on 12 April 2011 for the two (2) year extension which finishes on 30 June 2013.

The contract period for Contract No. 1962 was advertised for a two (2) year period from 1 July 2013 to 30 June 2015 with the option to extend for a further period of up to two (2) years at Council’s discretion.

Tenders were received from the following companies; a. BHS Catering (Council’s Current Meals Contractor) b. I.Cook Catering Aged Care Services Pty Ltd (ICCACS) c. Waverley Industries Ltd



2. DISCUSSION

2.1 Tender Process

The contract was advertised in ‘The Age’ newspaper on Saturday 29 December 2012 and again on Saturday 5 January 2013 and appeared on the Knox Council public website. The closing date for Tenders was 6 February 2013.

On 21 January 2013 an addendum was issued to all parties who had accessed the documents for Contract 1962 and placed on the Knox Council website, providing 6 points of clarification in relation to the contract specification.

Six (6) potential tenderers obtained a copy of the tender documents and on opening of the tender box on Wednesday 6 February 2013 three (3) tenders had been received.

2.2 Tender Evaluation

2.2.1 Initial Assessment

A tender evaluation panel was formed to consider and assess the tenders received. The tender evaluation panel comprised of Fleur Cousins, Manager Healthy Ageing, Michael Hill, Coordinator Food Services and Philip Kearsley, Coordinator Contracts and Purchasing.

All officers involved in the Tender Evaluation Panel declared that they did not have any conflict of interest in this matter.

An initial assessment of the three (3) tenders received was undertaken using the following elements;

1. Schedule of Rates

2. Provision of all Schedules and Appendices information

3. Management, Supervision and Resources (personnel and equipment)

4. Status of Quality Assurance Systems

5. Status of OHS & Risk Management Systems

6. Relevant Experience



The outcome of the initial assessment can be found in the Confidential Supplementary Report in Section 2.2.1 Initial Assessment. At the conclusion of the initial assessment, two tenderers were short listed for further detailed assessment, BHS Catering and I. Cook Catering Aged Care Services Pty Ltd (ICCACS).

2.2.2 Detailed Assessment

A detailed assessment of the two short listed tenderers was undertaken by the Tender Evaluation Panel.

The detailed assessment was across 7 criteria outlined within the contract documentation and is as follows:

1. Pricing 2. Appropriate Resources 3. Performance Record 4. Quality Assurance Systems 5. Relevant Experience 6. Safety and Risk Management 7. Supervision Required

For the purposes and ease of assessment the Performance Record & Relevant Experience criteria were combined.

To assist with the assessment both tenderers were asked to provide additional information to specific questions where the Tender Evaluation Panel did not have sufficient information to make a clear assessment.

The outcome of the detailed assessment can be found in the Confidential Supplementary Report in Section 2.2.2 Detailed Assessment and 2.2.3 Financial Capacity Assessment.

2.2.4 Overall Assessment

The Tender Evaluation Panel, after undertaking a detailed assessment of the two (2) short listed tenderers, BHS Catering and I. Cook Catering Aged Care Services Pty Ltd (ICCACS), considers both tenderers have the capacity to meet the overall contract specification, however, a number of benefits as outlined within the Confidential Supplementary Report in Section 2.2.2 Detailed Assessment have been identified with ICCACS. Careful consideration has been given to the impacts of changing from a meal provider who has met the needs of Knox Council for the past 10 years, responded to Council feedback very well and has worked with Council to meet the increasing complexity of meal recipients dietary needs.



On balance, the Tender Evaluation Panel found that ICCACS has the capability and capacity to meet Council’s Delivered Meals Service needs both now and into the future, is willing to establish a flexible and innovative response to the changing service needs including a full range of meal component pricing at a significantly more competitive price, and therefore recommends that Council accept the tender submitted by ICCACS as the preferred tender.

3. CONSULTATION

A Meals on Wheels Evaluation of Current Client Satisfaction was undertaken in May 2012 as part of a Service and Facility Review of Food Services completed in 2012.

The Evaluation of Current Client Satisfaction included feedback from 289 delivered meals recipients, volunteers and Knox Council staff and provided a number of recommendations for future delivered meals including opportunities to order components of meals for greater affordability, enable greater capacity to cater for individual needs and preferences of meal recipients and investigate options for reduced use of frozen meals or have more flavoursome frozen meals. These recommendations have been used to inform the development of the Tender documentation for Contract No. 1962.

Consultation has occurred during the tender preparation, advertising and evaluation phases with potential tenderers, relevant Council staff and other agencies to conduct referee checks and Financial Capacity Assessment.


The services provided under this contract will have no direct impact on the environment but will enhance the amenity and lifestyle for the residents’ receiving the delivered meals.


A detailed summary comparison of the Schedule of Rates for all three (3) tenders is provided in Confidential Appendix A within the Confidential Supplementary Report. A cost comparison for Year 1 of the contract for the two (2) short listed tenderers is also available within the Confidential Supplementary Report.

The Schedule of Rates shall be adjusted one (1) year after the date of commencement of the contract and shall be adjusted for the rise and fall in accordance with the percentage variation in the Melbourne All Groups Consumer Price Index for the preceding twelve (12) month period.



Council’s Draft 2013-14 Budget allows for an annual expenditure of $705,375 for purchase of delivered meals. It is estimated that the cost of this contract, if approved by Council, would be $561,600.

The full cost of the contract will be partly offset by meal recipient fees in line with Council’s 2013-14 Fees & Charges Schedule and the small subsidy received from the Commonwealth and Victorian State Governments through the Home and Community Care (HACC) Funding and Service Agreement ($1.58 per meal in 2012-13).

As discussed in Section 3 Consultation, the meals tender specification was informed by a Meals on Wheels Evaluation of Current Client Satisfaction and incorporated the provision to order components of meals for greater affordability and enable greater capacity to cater for individual needs and preferences of meal recipients. In order to provide meal component options, additional fees and charges need to be created in Council’s Fees & Charges Schedule for 2013-14. Confidential Appendix B in the Confidential Supplementary Report proposes additional fees for Food Services to enable meal recipients to purchase a 2 course meal and individual components. The prices have been proposed to ensure that the current 3 course meal price currently reflected in Council’s Fees & Charges Schedule is still the best value for all meal components, however the proposed new fees will provide greater choice for meal recipients.

In recognition of this being the first time Council proposes to change meal provider for Council’s Delivered Meals Service, additional resources for 12 months will be required to ensure the implementation of a smooth transition and to support clients. This cost has been estimated at $56,251 for 2013-14 with an adjustment to this staffing arrangement, this new contract (if approved by Council) would equate to a total financial saving of $87,524 in 2013-14.


The provision of delivered meals to eligible residents within the municipality that are of quality and nutritionally balanced meeting the dietary needs of the individual recipient assists them to remain healthy and independent at home and in the community.

As has been identified in the Service and Facility Review of Food Services that was completed in June 2012, the provision of delivered meals is more than just a meal, the meals are delivered by volunteers who provide a low level of monitoring of meal recipients, who are often isolated and have limited social contact.




The Council Plan 2009-13 (2010 update) identifies the key directions and strategic initiatives to achieve Council’s purpose of enhancing the quality of life of the Knox Community. The provision of delivered meals supports Council’s strategy of supporting older adults to have choice, be valued and enjoy healthy independent lives within the theme of healthy, connected communities.

The Tender Evaluation Panel has undertaken a detailed assessment of all tenders to ensure the preferred tender can provide maximum choice as well as meet individual recipients’ needs and likes as well as respond over time to the changing needs of an ageing population.

8. CONCLUSION

Contract No. 1962 – Provision of Meals / Meal Components for Delivered Meals Service called for the supply of chilled meals, frozen meals, sandwiches and salads and multicultural delivered meals.

Three (3) tenders were received at the close of the tender period on Wednesday 6 February 2013. A Tender Evaluation Panel undertook an initial assessment after which two (2) tenderers were short listed, BHS Catering and I.Cook Catering Aged Care Services Pty Ltd (ICCACS). A detailed assessment was undertaken on the two (2) short listed tenderers. Further detail of the Initial and Detailed Assessments can be found in the Confidential Supplementary Report.

After careful consideration the Tender Evaluation Panel found that ICCACS has the capability and capacity to meet Council’s Delivered Meals Service needs both now and into the future, is willing to establish a flexible and innovative response to the changing service needs including a full range of meal component pricing at a significantly more competitive price, therefore recommends that Council accept the tender submitted by ICCACS as the preferred tender.



9. CONFIDENTIALITY

A Confidential Supplementary Report accompanies this report and contains information of a contractual and commercial nature.

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

That Council

1. Accept the tender of I. Cook Catering Aged Care Services Pty Ltd for the submitted Schedule of Rates, (the Schedule of Rates comprise a unit price of $9.75 per three course meal in Year One (1) 2013-14 as outlined in Confidential Supplementary Report Appendix A), with an estimated annual contract total of $561,600 in Year One (1 ) for Contract No. 1962 – Provision of Meals / Meal Component for Delivered Meals Service, for the two (2) year period from 1 July 2013 to 30 June 2015, with the option to extend for a further period of up to two (2) years at Council’s discretion.

2. Authorise the Chief Executive Officer to formalise the contract documentation and thereafter the documents to be signed and sealed;

3. Notify all tenderers accordingly; and

4. Adopt the proposed additional fees, outlined in the table below, into Council’s 2013-14 Fees & Charges Schedule.



Type of Fees and Charges Unit

Charge Rate

GST Applied 10% Y/N

Proposed 2013-14 Fee GST Incl.

Low & Medium Income 2 Course Meal of the following combinations:

• Soup & Main • Main & Dessert • Soup & Sandwich (6 point) • Sandwich (6 point) & Dessert

Per Meal N $6.50

Soup Per Serve

N $2.50

Dessert / Fruit Per Serve

N $2.50


N $4.00


N $6.00

CARRIED

MEETING CLOSED AT 8.57PM

Minutes of Meeting confirmed at the Ordinary Meeting of Council

held on Tuesday 28 May 2013

………………………………… Chairman

knox city councilrowville plan and highlighted that “vox pox” consultation had style occurred at...

Documents