ordinary meeting of council...2009–2013 which has expired, and affirm council’s commitment and...

Ordinary Meeting of Council

to be held at the Civic Centre, Civic Drive, Greensborough on Tuesday 22 March 2016 commencing at 7pm.

Agenda

Stuart Burdack Chief Executive Officer

Wednesday 16 March 2016

Distribution: Confidential

Civic Drive, Greensborough PO Box 476, Greensborough 3088 Telephone 9433 3111 Facsimile 9433 3777 Website www.nillumbik.vic.gov.au Email [email protected]

http://www.nillumbik.vic.gov.au/

mailto:[email protected]

Ordinary Meeting of Council seating plan

Cr Michael Young Edendale Ward

Cr Peter Perkins Ellis Ward

Cr Anika Van Hulsen Bunjil Ward

Cr Ken King Sugarloaf Ward

Cr Meralyn Klein Blue Lake Ward

Cr Helen Coleman Wingrove Ward

Stuart Burdack Chief Executive Officer

Cr Bronnie Hattam (Mayor)

Swipers Gully Ward

Visitors in the gallery at Council meetings are:

Welcome to copies of the reports which will be considered by the Council at the meeting. These are on the table in the foyer.

Welcome to the tea, coffee and water provided in the foyer.

Requested to observe Council deliberations quietly in order for Council meetings to run smoothly.

Advised that an audio recording of this meeting will be made for the purpose of verifying the accuracy of the minutes.

Ordinary Meeting of Council agenda 22 March 2016

Nillumbik Shire Council

Contents

Welcome by the Mayor 1

1. Reconciliation statement 1

2. Prayer 1

3. Good governance pledge 1

4. Apologies 1

5. Presentations 1

6. Confirmation of minutes 2

7. Disclosure of conflicts of interest 2

8. Petitions 2

9. Questions from the gallery 2

10. Reports of Advisory Committees 3

AC.003/16 Advisory Committee Report 3

11. Reports of Special Committees 4

12. Officers' reports 5

OCM.033/16 Integrating Child, Youth and Families Services Strategy 5

OCM.034/16 2016 Annual Community Survey 9

OCM.035/16 Annual State of the Assets Report, 30 June 2015 15

OCM.036/16 Eltham Leisure Centre Aquatic Redevelopment 17

OCM.037/16 Northern Horizons Review and Infrastructure Victoria Strategy 22

OCM.038/16 Yarrambat Township Plan: Consideration of a Township Boundary and Development Plan Overlay 26

OCM.039/16 Managing Residential Development Taskforce and Advisory Committee 34

OCM.040/16 Membership of the Eltham Major Activity Centre Development Forum 41

OCM.041/16 Panton Hill Bushland Reserves System User Group 45

OCM.042/16 Special Rate Renewal for Eltham Town 48

OCM.043/16 Special Charge Renewal for Hurstbridge Village 56

OCM.044/16 Sutherland Road Special Charge Scheme, Diamond Creek 64

OCM.045/16 Audit Committee - Minutes February 2016 67

OCM.046/16 Review of Instrument of Appointment and Authorisation (Planning and Environment Act 1987) 69

OCM.047/16 Contract report 1516-56 - Supply and installation of solar photovoltaic system at the Civic Centre 72


OCM.048/16 Risk and Insurance Report 74

OCM.049/16 Environment and Planning monthly activity report 78

OCM.050/16 Assemblies of Councillors 86

13. Notices of Motion 91

14. Delegates' reports 91

15. Supplementary and urgent business 91

16. Confidential reports 91

OCM.051/16 Notice of Motion 92

OCM.052/16 Supply and installation of solar photovoltaic system at Civic Centre 93

OCM.053/16 Confidential attachment to the Risk and Insurance Report 97

OCM.054/16 Landfill rehabilitation monitoring 98


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Nillumbik Shire Council

Agenda of the Ordinary Meeting of Nillumbik Shire Council to be held Tuesday 22 March 2016 commencing at 7pm.

Welcome by the Mayor

Members of the public are advised the meeting will be recorded for the purpose of verifying the accuracy of the minutes.

1. Reconciliation statement

The reconciliation statement to be read by the Mayor

Nillumbik Shire Council acknowledges the Wurundjeri as the traditional custodians of the land now known as the Shire of Nillumbik and values the significance of the Wurundjeri people’s history as essential to the unique character of the Shire.

2. Prayer

A prayer will be read by Pastor Sam Scott of the Eltham Baptist Church.

3. Good governance pledge

As Councillors, we are mindful of our civic responsibilities and obligations. We pledge to take them seriously, and to carry them out with diligence and integrity.

We know the decisions we take will affect the people and environment of Nillumbik, now and in the future. We undertake, therefore, to make sound and principled decisions of lasting value, in a spirit of fairness and for the good of all.

We also pledge to serve the needs and wellbeing of the community and the environment, in an open and honest manner and to the best of our abilities.

4. Apologies

Motion

That the apologies be accepted.

5. Presentations

Sporting awards

Marianna Saill-Dilnot (Swipers Gully Ward) receives $200 as a contribution for her selection to represent Australia in the Under 20 Junior Volleyball Championships in Thailand.

Aidan O’Carroll (Swipers Gully Ward) receives $ 150 as a contribution for his selection to represent Victoria at the U18 National Basketball Championships in Adelaide.

Tahli Brittain (Swipers Gully Ward) receives $200 as a contribution for her selection to represent Australia at the Global Cheer and Dance Games in Hawaii.

Jack Holden (Swipers Gully Ward) receives $150 as a contribution for his selection to compete at the Australian Track and Field Championships in Sydney.


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6. Confirmation of minutes

Confirmation of minutes of the Council Meeting held on Tuesday 23 February 2016.

Motion

That the minutes of the Council Meeting held on Tuesday 23 February 2016 be confirmed.

7. Disclosure of conflicts of interest

Councillors should note that any conflicts of interest should also be disclosed immediately before the relevant item.

8. Petitions

Nil

9. Questions from the gallery


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10. Reports of Advisory Committees

AC.003/16 Advisory Committee Report

Distribution: Public

Manager: Andrew Port, General Manager Corporate Services

Author: Tracey Classon, Personal Assistant to General Manager Corporate Services

Council has a range of Advisory Committees which provide a formal mechanism for Council to consult with key stakeholders, seek specialist advice and enable community participation. Although they do not make any formal decisions, they provide valuable advice to Council.

In accordance with Advisory Committee Terms of Reference, the minutes of meetings are presented to Council. This month, the following minutes are attached for information:

Municipal Emergency Management Planning Committee held 23 November 2015

Agricultural Advisory Committee meetings held 8 October and 10 December 2015

Recreation Trails Advisory Committee Minutes held 18 February 2016

Edendale Advisory Committee Minutes held 25 February 2016

Motion

That Council notes the following Advisory Committee minutes:

1. Municipal Emergency Management Planning Committee 23 November 2015

2. Agricultural Advisory Committee meetings 8 October and 10 December 2015

3. Recreation Trails Advisory Committee minutes 18 February 2016

4. Edendale Advisory Committee minutes 25 February 2016

Attachments

1. Municipal Emergency Management Planning Committee 23 November 2015

2. Agricultural Advisory Committee minutes 8 October 2015

3. Agricultural Advisory Committee minutes 10 December 2015

4. Recreation Trails Advisory Committee minutes 18 February 2016

5. Edendale Advisory Committee minutes 25 February 2016


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11. Reports of Special Committees

Nil


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12. Officers' reports

OCM.033/16 Integrating Child, Youth and Families Services Strategy

File: 50/10/023


Manager: Tara Frichitthavong, Acting General Manager Community and Leisure

Author: Gabrielle Castellan, Coordinator Social Development and Service Planning

Summary

The Integrating Child, Youth and Families Services Strategy (Attachment 1) aims to improve the wellbeing of children, young people and families from birth to 25 years of age living in the Shire of Nillumbik.

The Strategy will guide the community service system which Nillumbik Council is responsible for and it will contribute to community wellbeing outcomes through the levers Council has at its disposal.

The Strategy outlines Council’s commitment, priorities and actions into one document to achieve better integrated child, youth and family services and it builds on the Nillumbik Municipal Early Years Plan 2009–2013 which has expired.

The preparation of the Strategy has involved strategic planning, community consultation, and policy development over 12 months. On 10 November 2015 Council approved the public release of the draft Strategy for consultation for a period of three months (PS.055/15).

The purpose of this report is to seek Council’s endorsement of the Integrating Child, Youth and Families Services Strategy 2016–2021.

Recommendations

That Council:

1. Adopts the Integrating Child, Youth and Families Services Strategy 2016-2021.

2. Notes this Strategy will build on the Nillumbik Municipal Early Years Plan 2009–2013 which has expired; and

3. Notes the outcomes and indicators outlined in the Strategy will form the basis of reporting to Council on the priority actions.

Attachments

1. Integrating Child, Youth and Family Services Strategy 2016-2021

Background

1. The purpose of this report is to present Councillors with the final Integrating Children, Youth and Families Strategy 2016-2021 which outlines the vision, principles, priority directions and actions for Council’s children, youth and family services over the next five years.




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2. This report follows an extensive public consultation and exhibition process which Council approved at the Policy and Services Committee on 10 November 2015 (PS.055/15).

3. The aim of this policy work is to build on the Nillumbik Municipal Early Years Plan 2009–2013 which has expired, and affirm Council’s commitment and priorities into one strategy to achieve better integrated child, youth and family wellbeing outcomes from birth to 25 years of age.

Policy context

4. This report directly supports the achievement of Council Plan 2013-2017 strategy:

We will plan and deliver accessible community services that enhance health and wellbeing across all life stages.

Budget implications

5. The funding for the development of this Strategy and subsequent consultation process is provided through the Community Services and Social Development Unit budget.

6. External funding will be sought for priority actions wherever possible to leverage on Council’s existing contribution.

Consultation/communication

7. The consultation process has been extensive and consisted of:

Distribution of the Discussion Paper and draft Strategy via the Nillumbik Council website and direct email distribution to key stakeholders, local service providers and agencies;

Online surveys for parents and young people;

Stakeholder workshops with Council officers, local service providers and key stakeholder agencies;

Child friendly activities through the Nillumbik Children and Family Services team.

8. Two public consultation processes occurred last year. The first ran for five weeks between July and August 2015 for the Discussion Paper and no submissions were received. The second consultation process occurred mid-November to 31 January 2016 on the draft Strategy. Copies of these documents were also sent to various stakeholders (including the Department of Education and the Department of Health and Human Services), local service providers and agencies working directly with children, young people and families as well as community members such as parents and families. Copies were also available on Council’s website.

9. Only two public submissions on the draft Strategy were received with minor changes which have been considered for the final version of the Strategy. Both submissions were positive and supportive of Council’s directions.

10. Following Council’s endorsement of the Strategy, it will be designed, printed and copies distributed to relevant stakeholders and agencies. Copies of the document will also be made available online on Council’s website.




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Issues/options

11. The purpose of the Strategy is to demonstrate how Council can strengthen and enhance the wellbeing outcomes of children, young people and families in an integrated and sustainable way.

12. The Strategy provides a vehicle for improving service planning, programs, services, facilities and infrastructure that will respond to the emerging trends and challenges for this population group in Nillumbik.

13. It outlines the vision, principles, priority directions and 41 actions for Council’s commitment and investment in children, youth and family services over the next five years.

14. The Strategy is informed by the outcomes of the consultation process and stakeholder engagement which has dominated the policy process in the last 12 months. Over 350 people have been involved in the development of this Strategy either through participation in the Best Start Seminar, parent seminars and surveys, stakeholder workshops, and local children’s activities.

15. The public exhibition process commenced in mid-November and closed on 31 January 2016 to allow for the holiday period. Council only received two written submissions suggesting minor changes. These changes have been considered in the final version of the Strategy.

16. The focus of the Strategy is the community service system which Nillumbik Council is responsible for and can influence to improve community and wellbeing outcomes.

17. Put simply the Strategy:

Presents a high level plan for Council’s children, youth and family services for the next five years

Focuses on better integrating the programs and initiatives from the Community Services and Social Development teams, with the intention of providing innovative and flexible program approaches to the changing needs of the population

Applies a life stages approach to our work

Continues to further improve the quality and capacity of Council owned and run community services and facilities and social infrastructure

Contributes to community and wellbeing outcomes, rather than focusing on program inputs and outputs

Builds on what works, drawing on evidence and best practice

Strengthens Council’s collaboration and partnerships with service providers and planners

Expresses why more services are needed in the Nillumbik municipality.

18. The Strategy is aligned with the Nillumbik Health and Wellbeing Plan 2013-2017 strategic actions which are aimed at strengthening the prevention system for population health (i.e. ensuring services work with children, young people and families in a proactive and integrated way).




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19. The Strategy represents a shift towards planning and delivering services that contribute to child, youth and family wellbeing outcomes. This shift will strengthen our capacity to measure the overall impact on community wellbeing in the municipality.

Conclusion

20. Following adoption of the Strategy it will be designed, published and distributed to relevant stakeholders and agencies. A media release will coincide with this release and the published Strategy will be available on Council’s website.

21. The Strategy will be used as to a platform for funding and policy submissions to relevant State and Federal Government departments and agencies as required.


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OCM.034/16 2016 Annual Community Survey

File: 25/65/007



Author: Allison Watt, Manager Governance and Communications

Summary

This report outlines the results of the 2016 Annual Community Survey which was conducted on Council’s behalf by Metropolis Research in December 2015/January 2016.

This fifth annual survey is designed to measure community satisfaction with a range of Council services and facilities and to measure community sentiment on a range of additional concerns in the community.

Among its findings, the survey found that Nillumbik residents are most satisfied with their local library, services for children aged 0-5 years, education and learning, weekly green waste collection and environmental programs and facilities.

They are least satisfied with traffic management, footpath maintenance and repairs, parking enforcement, maintenance and repair of local sealed roads and street sweeping.

Community satisfaction with Council’s overall performance is rated at 6.69 out of 10, a decrease of three per cent on the 6.9 result in 2015. This level of performance remains categorised as ‘good’ and the result remains part of a trend of increasing satisfaction with the overall performance of Council since 2011.

This year’s survey also asked respondents about their agreement with the recommendations and principles which came from Council’s Community Panel on rate capping.

More than half (59.1 per cent) of respondents agreed with the recommendation from the Community Panel that Council should only apply to exceed the State Government cap on rate increases if it needs to raise additional revenue to respond to a disaster.

An online survey which was open to all Nillumbik residents attracted 133 respondents with 60.15 per cent of respondents agreeing with the Community Panel’s recommendation on rate capping.

The survey results will be made publicly available on Council’s website and reported in the 2015-2016 Annual Report. Some results are performance measures required by the State Government and will be made available on the Know Your Council website.

Recommendation

That Council:

1. Receives and notes the results of the 2016 Annual Community Survey.

2. Makes the report’s findings publicly available on Council’s website.

3. Receives and notes the results of the online survey on rate capping.




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Attachments

1. 2016 Online rate capping survey

2. Comparison of results

Background

1. In November 2015, Council commissioned Metropolis Research to undertake the fifth Annual Community Survey.

2. Using the same methodology applied in previous surveys in November/December 2011, January 2013, January/February 2014 and November/December 2015, the survey involved face-to-face interviews with 500 randomly selected residents from across five precincts of the Shire including Greensborough, Diamond Creek, Eltham, Eltham North and rural townships.

3. The survey is designed to measure community satisfaction with a range of Council services and facilities and to measure community sentiment on a range of additional concerns in the community.

4. Among its findings, the survey found that Nillumbik residents are most satisfied with their local library, services for children aged 0-5 years, education and learning, weekly green waste collection and environmental programs and facilities.

5. They are least satisfied with traffic management, footpath maintenance and repairs, parking enforcement, maintenance and repair of local sealed roads and street sweeping.

6. Education and Learning, environmental programs and facilities and arts and cultural events and activities were added to the list of Council services in this year’s survey. These core community building and participatory services are among those that deliver on Council’s goal to enable a better future for its residents and encourage healthy, safe and resilient communities through the provision of quality services. They have previously not been measured. However, it is important to collect data across the spectrum of Council services, including investment in the non-tangible elements of community building, to ensure consistency and enable an independent monitoring of any shifts in community needs.

7. Community satisfaction with Council’s overall performance is rated at 6.69 out of 10, a decrease of three per cent on the 6.9 result in 2015. This level of performance remains categorised as ‘good’ and the result remains part of a trend of increasing satisfaction with the overall performance of Council since 2011.

8. The average satisfaction with the six aspects of governance and leadership is 6.72 out of 10, a level categorised as ‘good’. This is a decline of 2.8 per cent on the 2015 average of 6.91.

9. This year’s survey also asked respondents about their agreement with the recommendations and principles which came from Council’s Community Panel on rate capping.




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10. More than 80 per cent of respondents strongly agreed with nine of the 10 rate capping principles. One-quarter (26.4 per cent) of respondents disagreed that Council should increase user fees to pay for services as long as there is financial gain, while less than two-thirds (60.5 per cent) agreed with this principle.

11. More than half (59.1 per cent) of respondents agreed with the recommendation from the Community Panel that Council should only apply to exceed the State Government cap on rate increases if it needs to raise additional revenue to respond to a disaster.

Policy context


We will involve the community in our decision-making through public participation and representation and we will keep them informed through frequent and effective communication.

Budget implications

13. The cost of undertaking the 2016 Annual Community Survey was met within existing operational budgets.


14. The Annual Community Survey involved face-to-face interviews with 500 randomly selected residents from across five precincts of the Shire including Greensborough, Diamond Creek, Eltham, Eltham North and rural townships.

Issues/options

15. The Annual Community Survey has been designed to provide Council with a wide range of information covering community satisfaction, sentiment and involvement.

16. The 2016 survey comprised the following:

Satisfaction with Council’s overall performance and aspects of governance

The importance of and satisfaction with a range of services and facilities including, for the first time, education and learning, environmental programs and facilities and arts and cultural events and activities

Satisfaction with aspects of traffic and parking

Satisfaction with Council’s communications tools including social media

Satisfaction with Customer Service

Importance of Council’s strategic goals

Issues of importance for Council to address

Satisfaction with planning and housing development

Preferred methods of receiving information from Council

Agreement with the recommendations and principles of the Community Panel on rate capping

Demographic profile of respondents




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17. Survey results were provided using a set of precincts derived from localities within the Shire which are:

Greensborough (Greensborough and Plenty)

Diamond Creek

Eltham (Eltham Central, Eltham South, Eltham East)

Eltham North (Eltham North and Edendale)

Rural (Hurstbridge, Kangaroo Ground, North Warrandyte, Research, Wattle Glen, St Andrews, Rural East and Rural Northwest)

18. The survey found that the Nillumbik community considered Council’s performance across all areas of responsibility or overall performance to be ‘good’ at 6.69 out of 10. This is a three per cent decrease on the 2015 result of 6.9.

19. The 2016 results for the northern region councils and metropolitan councils which are also undertaken by Metropolis Research are not yet available for comparison, although the 2015 results are available.

20. Although Nillumbik experienced a small decline this year (which is not statistically significant), a degree of variation from year to year is to be expected. The result remains part of a trend of increasing satisfaction with the overall performance of Council observed since 2011. Nillumbik remains at or just above the metro. Melbourne average.

21. The average satisfaction with the six aspects of governance and leadership – meeting responsibilities towards the environment; responsiveness to community needs; consultation and engagement; maintain trust and confidence; representation, lobbying and advocacy and making decisions in the interests of the community – is rated at 6.72 out of 10, a decline of 2.8 per cent on the 2015 average of 6.91.

22. Satisfaction with consultation and engagement, which is one of the State Government’s performance measures reported on the Know Your Council website, is 6.62, a slight decrease on the 6.8 recorded in 2016. Satisfaction with Council decisions is 6.42, a slight decline on the 6.6 in 2015.

23. Satisfaction with the maintenance and repair of sealed local roads, which is another performance reporting measure, is 6.52, almost identical to the 2015 results of 6.56.

24. Residents’ satisfaction with the 31 Council services and facilities included in the survey was 7.24, a decline of 1.9 per cent on the 2015 average and is now categorised as ‘good’.

25. Residents are most satisfied with their local library, services for children aged 0-5 years, education and learning, weekly green waste collection and environmental programs and activities. They are least satisfied with traffic management, footpath maintenance and repairs, parking enforcement, maintenance and repair of local sealed roads and street sweeping.

26. This year’s survey also asked respondents about their agreement with the recommendations and principles which came from Council’s Community Panel on rate capping.




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27. More than 80 per cent of respondents strongly agreed with nine of the 10 rate capping principles. One-quarter (26.4 per cent) of respondents disagreed that Council should increase user fees to pay for services as long as there is financial gain, while less than two-thirds (60.5 per cent) agreed with this principle.

28. More than half (59.1 per cent) of respondents agree with the recommendation from the Community Panel that Council should only apply to exceed the State Government cap on rate increases if it needs to raise additional revenue to respond to a disaster.

29. The average satisfaction with the six aspects of planning and housing development is 6.29 in 2016, a decline of 3.5 per cent on the result recorded in 2015. This level of satisfaction is now categorised as ‘solid’.

30. The average satisfaction with the seven aspects of customer service declined 3.8 per cent in 2016 to 7.24, a level of satisfaction categorised as ‘good’.

31. Respondents rated the importance of each of Council’s strategic goals lower in 2016 than 2015, continuing the trend of declining importance for each of the five goal areas. Despite this, the importance of each of the five goals is rated at 8 or more out of 10, suggesting they are very important to respondents.

32. There was a notable increase in the proportion of respondents reporting that they regularly receive and read Council’s newsletter Nillumbik News, up from 47.2 per cent in 2015 to 55.3 per cent in 2016. The proportion of respondents who visited Council’s website at least infrequently decreased marginally in 2016 from 36.7 per cent to 32.1 per cent. One-third (30 per cent) of respondents are aware that Council is on Facebook and Twitter.

33. Satisfaction with the volume of traffic on both local and main roads increased measurably in 2016 with local roads increase 10.5 per cent to 6.08 (solid) and main roads satisfaction increasing 10.8 per cent to 53.5 (very poor). Based on the verbatim responses, many respondents are not clear that local roads are Council’s responsibility, while main roads are the responsibility of the State Government through VicRoads.

34. Traffic management continues to be the top issue that respondents want Council to address, being identified by 23.1 per cent, down somewhat on the 32.8 per cent identified in 2015. Bushfire management and prevention was identified as an issue by 14.3 per cent of respondents, up sharply from the 7.6 per cent recorded last year. Council rates was identified by 12.2 per cent of respondents down slightly from 13.5 per cent in 2015.

Online survey on rate capping

35. At the same time field work was being conducted on the 2016 Annual Community Survey, an online survey on rate capping was made available to all Nillumbik residents.

36. The survey was open for more than four weeks from December 2015 to the end of January 2016 and attracted 133 responses. It was promoted via the website, Facebook, Twitter and the Diamond Valley Leader.




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37. This survey asked the same questions as the ACS about the principles and recommendations from Council’s Community Panel on rate capping. The results are included as Attachment 1. A table comparing some of the results from both surveys is included as Attachment 2.

38. Similar to the ACS, there was strong agreement for most of the 10 principles about Council’s finances and the setting of rates. The least amount of support was for the principle that Council should identify and sell any surplus assets.

39. Similar to the ACS, some 60 per cent of respondents agree with the recommendation from the Community Panel that Council should only apply to exceed the State Government cap on rate increases if it needs to raise additional revenue to respond to a disaster.

40. The survey asked respondents for their recommendations in relation to the funding of Council services and facilities and these verbatim responses are located at the back of Attachment 1.

41. Preliminary results from both these surveys were referenced in the report to the Ordinary Council Meeting in January and helped inform Council’s decision to keep rates within the 2.5 per cent rate increase cap in the 2016-2017 financial year. The final results confirm the preliminary results.

Conclusion

42. The 2016 Annual Community Survey has provided Council with key information on the importance the community places on a broad range of Council services and facilities. The survey also measures community satisfaction with these services and facilities as well as identifying the issues facing the Shire.

43. The survey findings on rate capping helped inform Council’s decision to not seek an exemption from the State Government’s rate increase cap in 2016-2017.

44. The 2016 Annual Community Survey findings will be made publicly available on Council’s website and will be reported in the 2015-2016 Annual Report which must be prepared and presented to the Minister for Local Government by 30 September this year.


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OCM.035/16 Annual State of the Assets Report, 30 June 2015

File: 35/55/002


Manager: Conal Creedon, General Manager Infrastructure Services

Author: Nadine Sinclair, Coordinator Asset

Summary

Council has participated in the MAV STEP Asset Management Program since its inception in 2002. This program aims to increase each council’s asset management capability as well as inform their budgeting and asset renewal strategies. The MAV STEP Program and Council’s Asset Management Strategy identified the opportunity and benefit of presenting Council with an annual State of the Assets Report.

A report has now been prepared documenting the current state of Nillumbik Shire Council’s major assets as at 30 June 2015. This considers eight asset groups across the four asset management plan categories. The State of the Assets Report provides a greater understanding of the state of Council’s major asset base, their condition, performance and financial sustainability.

The report indicates that, while Council still had a renewal gap at the end of the 2014-2015 year, the commitment that Council has made to reducing this gap and to developing its asset information and condition data base is showing results and an improvement in the ability to manage renewal funding into the future.

Recommendation

That Council:

1. Endorses the State of the Assets Report, 30 June 2015, as detailed in Attachment 1.

2. Receives an annual State of the Asset report for each financial year.

Attachments

1. State of the Assets Report, 30 June 2015

Background

1. The MAV introduced the STEP program in 2002, to assist Victorian Councils to develop their asset management practices and to bring consistency to Local Governments’ approach to asset planning. In 2010 the STEP program was extended nationally. Nillumbik has participated in the STEP program since its inception.

2. A component of the STEP program is the National Asset Management Assessment Framework (NAMAF). An audit undertaken by the MAV on Council’s performance against advanced competency criteria identified opportunities for improvement including the preparation of an annual ‘State of the Assets’ report to summarise asset management planning and renewal status.



OCM.035/16 Annual State of the Assets Report, 30 June 2015

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Policy context


We will responsibly manage our existing assets to maximise the life of the Shire’s important community and civic infrastructure.

Budget implications

4. The 2014-2015 report will influence the allocation of funds for asset renewal into the future. This will be done in conjunction with the Strategic Resource plan and Capital Works Budget.

Issues/Options

5. Providing Council and senior management with an annual State of the Assets Report is an advanced NAMAF and asset management strategy improvement objective.

6. An initial report documenting the current state of Nillumbik Shire Council’s major assets as at 30 June 2014 was prepared for management review in December 2014.

7. The State of the Assets Report as at 30 June 2015 has now been prepared and considers eight asset groups across the four asset management plan categories, covering asset value, condition and renewal.

8. Improved condition information for four of the eight asset groups, which are sealed roads, footpath and trails, bridges and buildings obtained from recent audits have been utilised to refine the condition profiles and renewal predictions for 2014-2015.

9. Reducing Council’s renewal gap over the next ten years to zero is a key objective within the Financial Sustainability Plan, which was adopted in 2013.

10. Council’s consolidated renewal gap for the 2014-2015 financial year is $0.9 million, which is significantly lower than the $3.7 million gap reported for 2013-2014. This downward trend in renewal gap supports Council’s progression towards achieving its financial sustainability targets. It should be noted that the Eltham Leisure Centre accounted for $2 million of the renewal demand in 2014-2015. This expected to be addressed through the planned refurbishment of the Centre.

11. Continued investment into capital renewal, ongoing condition audits, asset management and service planning improvements are all essential in ensuring Council continues to manage its infrastructure portfolio effectively in the longer term.

Conclusion

12. The 2014-2015 report provides Council with a higher degree of confidence in the information being presented and thus enables a greater understanding of the state of Council’s major asset base.

13. It is recommended that Council endorse the State of the Assets Report, 30 June 2015 and receive further reports annually.


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OCM.036/16 Eltham Leisure Centre Aquatic Redevelopment

File: 70/30/014


Manager: Tara Frichitthavong, Acting General Manager Community and Leisure

Author: Frances Duncan, Coordinator Leisure Facilities

Summary

The Eltham Leisure Centre is a highly valued community asset that is ageing and its ongoing “fit for purpose” operation is critical to Council’s delivery of community health and wellbeing outcomes across all population age groups.

The Eltham Leisure Centre Aquatic Redevelopment is a key strategic Council project. It is the highest infrastructure renewal priority for Council.

Council has made a number of decisions to progress planning and design for the redevelopment following adoption of the project feasibility report in 2012.

Council endorsed the concept plan based on the $15.8 million available at the 25 August 2015 Ordinary Council Meeting as the basis to progress to detailed design.

A funding submission to the State Government’s Community Facility Funding Program – Better Pools category for $3 million was secured in October 2014.

A further funding application to the Interface Growth Fund program secured an additional $3.8 million.

The additional funding has allowed for enhanced outdoor water play park which includes enhanced landscaping, barbeque areas and decking that overlooks the Diamond Creek and upgrade of the existing wet change facilities.

Project architects, Peddle Thorp, have led a design review process to work through design options that maximise community benefit and environmental sustainability outcomes, and enhance the Centre’s performance.

Adjustments to the concept plan presented to Council in August 2015 have been made allowing for the increased available budget and to respond to design conditions as mandated by Sport and Recreation Victoria to meet State Government’s funding requirements.

This report seeks Council’s endorsement of the final concept plan prior to tender for construction being advertised in April 2016. Tenders will close May 2016 with contractor appointed June 2016.

This report further seeks Council’s endorsement for the purpose of public consultation on updated concept plan for the outdoor water play park.

Recommendation

That Council:

1. Endorses the final concept plan of the Eltham Leisure Centre Aquatics Redevelopment as detailed within this report (Attachment 1) for the purposes of calling for tenders.




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2. Notes the details of the proposed outdoor water play area which will be subject to further community consultation.

Attachments

1. Eltham Leisure Centre Aquatics Redevelopment - Concept Plan

Background

1. At the Ordinary Council Meeting on 18 December 2012, Council adopted the feasibility study for the Eltham Leisure Centre Aquatics Redevelopment.

2. A funding commitment of $3 million from the State Government’s Community Facility Funding Program – Better Pools category was subsequently secured and a funding agreement with Sport and Recreation Victoria was signed on 31 October 2014. An agreed concept plan for a single stage project supported this successful funding submission.

3. At the Ordinary Council Meeting on 23 June, Council adopted the 2015-2016 budget which included an allocation for $1.2 million for detailed design of the aquatic facilities upgrade at Eltham Leisure Centre.

4. A further funding application to the Interface Growth Fund secured an additional $3.8 million to support enhanced outdoor water play and landscaping features and upgrades to the existing wet area change facilities.

5. An application to the Federal Government National Stronger Regions Fund for a further $1 million has been submitted to upgrade the entrance, foyer and reception area at no additional cost to Council, contributing to universal design outcomes and improved ‘flow’.

Policy context

6. This report directly supports the achievement of Council Plan 2013-2017 strategies:

We will provide recreation and sports facilities and services to enhance social participation and to help our community be active and healthy.

We will responsibly manage our existing assets to maximise the life of the Shire’s important community and civic infrastructure.

We will invest in new or improved community facilities that are planned to meet identified community needs.

We will maximise our opportunities to receive external grants for projects that are consistent with Council’s priorities and management of the Green Wedge.

We will involve the community in our decision-making through public participation and representation and we will keep them informed through frequent and effective communication.

7. The Eltham Leisure Centre Aquatic Redevelopment is identified in the following strategic documents:

The Nillumbik Shire Council Recreation Strategy 2011-2019

o 1.11.4 Theme Two Increase participation




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o 1.11.4 Theme Three Prioritise unstructured activities and develop a

feasibility study for the redevelopment of the aquatic areas of the Eltham Leisure Centre

The Nillumbik Shire Council Health and Wellbeing Plan 2013–2017

o Strategic Action 1. Health Planning Plan for maximum participation in

structured and unstructured recreation, leisure and physical activity through the Eltham Leisure Centre and Diamond Creek Community Centre, implementing the Nillumbik Trails Strategy and planning for high demand sports such as soccer.

Budget implications

8. At the Ordinary Council meeting on 23 June 2015, Council adopted the 2015-2016 budget with an allocation of $1.2 million for detailed design of the Eltham Leisure Centre Aquatic Redevelopment.

9. The project budget totals $16.45 million, including State contributions of $6.8 million – the largest State investment in a municipal aquatic facility.

10. The project will be implemented over the next three years at a total project cost of $16.45 million. Council’s commitments are via rates and reserves.

11. The capital commitments for the project are identified in the table below.

Year SRV

($)

IGF

($)

NSC

($)

Total

($)

2015-2016 1,200,000 3,800,000 - 5,000,000

2016-2017 1,500,000 6,650,000 8,150,000

2017-2018 300,000 3,000,000 3,300,000

3,000,000 3,800,000 9,650,000 16,450,000

12. A funding application to the National Stronger Regions Fund for $1 million has been submitted, leveraging off Council’s existing financial commitments. If successful, this will grow the project scope to upgrade the front entrance, foyer and reception area at no additional cost to Council.


13. Throughout the detailed design process, Council officers have undertaken consultation with the following key stakeholders:

YMCA Victoria

Belgravia Leisure Management

Clublinks Management

Life Saving Victoria

Swimming Australia




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Office Victorian Government Architects

Victorian Police

Cross Organisational Reference Group

Arts and Culture

Sport and Recreation Victoria

Bernie Clifford – Disability Consultant

Jim Connor – Disability advice

Eltham Leisure Centre users

Wider community

Issues/options

14. Detailed design has been completed, and officers will advertise the construction tender in April 2016 with the view to commencing works in August 2016.

15. Adjustments to the concept plan presented to Council in August 2015 have been made allowing for the increased available budget and the conditions placed on the project by State Government to meet funding requirements.

16. The most substantial change has been the requirement from Sport and Recreation Victoria to omit the moveable platform in the 25 metre pool and replace with a ramp that encroaches on the concourse. This resulted in reduced concourse widths that did not meet Life Saving Victoria’s (LSV) design guidelines.

17. Since Council endorsed the concept in August 2015, mandated changes by Sport and Recreation Victoria has resulted in the redesign of structural element to maintain appropriate concourse widths between the 25 metre pool and the warm water pool.

18. To achieve the best operational outcome, internal columns between the 25 metre pool and the warm water program pool have been removed to increase concourse circulation space. Adjustments to the roof structure have been made at a net additional cost of $300,000. These structural changes have been accommodated within the existing project budget.

19. A concept plan for the outdoor water play and landscaped area including external decking has been updated, allowing for the additional budget achieved through funding from the Interface Growth Fund. Officers will seek community input on the revised concept design of the outdoor area following changes since the confirmation of Interface Growth Fund being received. A provisional sum has been allocated within the contract to deliver this component.

20. The enhanced design elements of the final concept and community benefits to be achieved are outlined below.

Improved change facility design and layout increases the number of fully accessible change and family change spaces, reflecting current trends in contemporary leisure design.

The outdoor area has an elevated deck overlooking Diamond Creek. The cantilevered design addresses Melbourne Water requirements and town




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planning overlays. The deck leads to tiered seating and ramp access overlooking the open space and water play park.

Quality landscaping supports social interaction and spaces that accommodate barbeques and picnic areas.

The outdoor water play park will include nature based play equipment suitable to the creek-side setting.

Conclusion

21. The Eltham Leisure Centre Aquatic Redevelopment is consistent with Council’s commitment and strategies to deliver functional, contemporary facilities that are designed to meet identified community needs within a municipal context.

22. The renewal of recreational infrastructure is an important function of Council with regard to delivering on improved health and well-being outcomes for the whole community.


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OCM.037/16 Northern Horizons Review and Infrastructure Victoria Strategy



Author: Conal Creedon, General Manager Infrastructure Services

Summary

In December 2013 Council endorsed Northern Horizons - 50 Year Infrastructure Strategy for Melbourne’s North developed in partnership with the Northern Region Group of Councils, Northlink, La Trobe University and the Northern Melbourne Regional Development Authority to identify crucial infrastructure needs over the next 50 years.

This report has been used to support advocacy to state and federal governments for regional and local infrastructure improvements. In October 2015 the Victorian State Government established Infrastructure Victoria as an independent advisory body to prepare a 30 year infrastructure strategy for Victoria. Infrastructure Victoria is required to produce the strategy by the end of 2016 and has commenced consultation on key objectives and needs of this strategy.

The Northern Region partnership has commenced a review of the Northern Horizons Report to update the priorities with regard to any state or federal government actions taken since its inception, to confirm priorities and to align wherever possible the Northern Horizons priorities with the Infrastructure Victoria infrastructure sectors and objectives. This report explains the Infrastructure Victoria process for developing the 30 year infrastructure strategy and aims to confirm Council’s priorities as expressed in Northern Horizons Report as the basis for any subsequent submission to the development of this strategy.

Recommendation

That Council:

1. Notes the commencement and process to develop a 30 year infrastructure strategy for Victoria.

2. Confirms the key infrastructure priorities outlined in this report.

3. Uses these priorities as a basis for any submission to the development of the Infrastructure Victoria 30 year infrastructure strategy.

Attachments

1. Laying the Foundations Setting Objectives and Identifying Needs for Victoria's 50 Year Infrastructure Strategy




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Background

1. The State Government established Infrastructure Victoria as an independent advisory body in October 2015. Infrastructure Victoria has three main functions:

Preparing a 30 year infrastructure strategy for Victoria to be refreshed every three to five years.

Providing written advice to government on specific infrastructure matters.

Publishing written research on infrastructure related issues.

2. Infrastructure Victoria aims to take ‘a long term evidence based view of infrastructure planning and raise the level of community debate about infrastructure provision’.

3. Infrastructure Victoria has recently released a paper Laying the Foundations (Attachment 1). This paper aims to set some guiding principles and set out the draft objectives and needs for consultation on the infrastructure strategy. Feedback is being sought on this paper after which Infrastructure Victoria will prepare an options paper for further consultation. A draft strategy is expected in the middle of the year and then a final strategy by the end of 2016.

4. As two years have passed since the adoption of the Northern Horizons Report, the group of partnering organisations has commenced a review of the current status of priorities. This review considers any changes in government priority and commitments in the meantime and also considers how the Northern Horizon priorities align with Infrastructure Victoria’s infrastructure sectors and objectives.

Policy context


We will advocate to the State Government for improvements to public transport and main roads in the Shire to improve access and amenity for local residents.

Budget implications

6. The consideration and input to the Northern Horizons review and Infrastructure Victoria’s 30 year strategy are not expected to require any additional budget allocation and can be made through current operational budgets.


7. Infrastructure Victoria has engaged on consultation in advance of developing the strategy. There will be further opportunities to contribute to this through this year. All contributors to Northern Horizons are involved in reviewing progress.

Issues/options

8. The development of a 30 year infrastructure strategy for Victoria is considered necessary to provide certainty and planning for the long term delivery of major infrastructure requirements outside of the political cycle and to give the community an understanding of the priorities and the likely timing of major infrastructure development.




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9. The challenges to develop this strategy are significant with a rapidly growing population, significant technological changes, the erosion of traditional employment sectors and increasing environmental sustainability concerns.

10. Infrastructure Victoria has commenced a consultation process and the release of its recent paper Laying the Foundations identifies draft objectives and needs to guide the development of the 30 year strategy. These are summarised on page 7 of the attachment and spelt out in detail in the subsequent pages.

11. Infrastructure Victoria is currently seeking feedback on the draft objectives and needs. The objectives and needs are considered broad enough to incorporate Council’s priorities as expressed through the Northern Horizons Report and other documents, however it is expected these will be refined through the consultation process. The Interface Councils Group of Councils is preparing a submission on the draft objectives and needs, suggesting points of clarification to define improved outcomes.

12. The next stage in Infrastructure Victoria’s strategy development will be the preparation of an options paper and this is considered to be a more critical stage for Council input to this strategy. This is expected to be released for discussion in the middle of the year.

13. The review of the Northern Horizon’s report has identified some movement on the short term priorities across the region. These include in the transport priorities:

a) The commitment to the duplication of Yan Yean Road

b) a number of road and rail separation projects included in the State Government’s Level Crossing Removal Plan

c) the adoption of the Northern Regional Trails Strategy, including the recent announcement of funding for completion of the Darebin Creek Trail, as well as progress with Council’s own priority project on the Diamond Creek Trail extension to Hurstbridge

d) the commitment to the duplication of the Chandler Highway over the Yarra River and

e) the commitment to extend the South Morang train line to Mernda

14. The remaining priorities in the Northern Horizons Report, particularly those at a local level and of most interest to Nillumbik’s community, are still considered relevant and should remain as priorities within the reviewed report. These include:

a) A public bus network in rural areas

b) Increased aged care facilities

c) Implementing the Northern Regional Trails Strategy

d) Increased services on the Hurstbridge rail line

e) Improvements to the Fitzsimmons Lane bridge capacity

f) Construction of the North East Link from Greensborough to the Eastern Freeway




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15. Some modification of the report to more align with the Infrastructure Victoria strategy is expected and will be reported to Council in due course.

Conclusion

16. The State Government has embarked on the development of a 30 year infrastructure strategy for Victoria that is intended to assist current and future governments to make informed decisions on the challenges and opportunities of infrastructure provision, as well as giving the community and business more certainty about the future infrastructure priorities. This strategy is expected to be prepared by the end of 2016.

17. The Northern Horizons Report has undergone a review to consider progress since its adoption in late 2013. This has noted progress is some areas on priority projects but there still remains a considerable amount of infrastructure improvement to be addressed right across the region.

18. The development of the 30 year infrastructure strategy for Victoria provides an opportunity to align the priorities in the Northern Horizons Report with the development of priorities at a state level. The Northern Horizons Report continues to be relevant at a local and regional level and for the purposes of providing input and advocacy to the development of Infrastructure Victoria’s 30 year infrastructure strategy and for Council’s own advocacy efforts.


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OCM.038/16 Yarrambat Township Plan: Consideration of a Township Boundary and Development Plan Overlay

File: 40/30/003


Manager: Chad Griffiths, Manager Strategic and Economic Planning

Author: Paul Fyffe, Senior Strategic Planner

Summary

In accordance with a recent Council resolution regarding the Yarrambat Township Plan Project, this report proposes an amendment to apply a township boundary and development plan overlay to the ‘Yarrambat Township’.

The Yarrambat Township Plan Project (the project) aims to provide strategic direction for the township regarding the size, character and role of this area.

Council has conducted extensive research and consultation for the project. After considering this work, Council has resolved that the project should formalise the Yarrambat Township as a small, rural township which services the needs of the local community. To this end, in April 2015, Council requested a further officer report which presents an amendment to place a township boundary around the Yarrambat Township and to apply a Development Plan Overlay to the area within the proposed boundary. Further, in September 2015, Council appointed the Yarrambat Township Plan Advisory Group to assist with this work.

Since September 2015, the Advisory Group has assisted Council officers to produce a concept plan (Attachment 1), which defines a township boundary and proposes to guide future development and land use in the Yarrambat Township. The concept plan is consistent with Council’s vision for the township, as it provides a compact township, with modest capacity for growth. There is no incursion into green wedge zoned land (identified by the Rural Conservation Zone) and the local role and character of the town is strongly promoted.

This report presents a planning scheme amendment to implement the concept plan, which will be Amendment C109 to the Nillumbik Planning Scheme. The amendment proposes to:

1. Apply the township boundary proposed in the concept plan (Attachment 1)

2. Apply a new provision, Schedule 8 (Yarrambat Township) to the Development Plan Overlay (DPO8). The DPO8 (Attachment 2) will require the preparation and adoption of a township plan and require any significant subdivision or development application, lodged prior to adoption of the township plan, to satisfy Council’s objectives for the township.

To commence the amendment, Council must first request permission from the Minister for Planning to start the amendment. If authorisation is granted, the amendment would be placed on public exhibition with any submissions received to be considered by Council and, if required, by an independent panel.




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Recommendation

That Council:

1. Receives and notes the concept plan (Attachment 1) for the Yarrambat Township, as recommended by the Yarrambat Township Advisory Committee.

2. Expresses its gratitude to the Yarrambat Township Advisory Committee for assisting with development of the concept plan.

3. Requests authorisation from the Minister for Planning in accordance with section 9 of the Planning and Environment Act 1987 to prepare Amendment C109 to the Nillumbik Planning Scheme, which proposes to:

a) Apply a township boundary as defined in Attachment 1

b) Apply Schedule 8 to the Development Plan Overlay (Attachment 2) to land within the proposed township boundary.

4. Places Amendment C109 on public exhibition on receipt of authorisation from the Minister for Planning

Attachments

1. Proposed Concept Plan (with Township Boundary) for the Yarrambat Township

2. Proposed Schedule 8 (Yarrambat Township) to the Development Plan Overlay (DPO8)

3. Nillumbik Shire Council's Adopted Vision and Guiding Principles for the Yarrambat Township Plan

Background

1. In consultation with the local community, the Yarrambat Township Plan Project aims to provide strategic direction for the township regarding the size, character and role of this area.

2. Council’s Green Wedge Management Plan identifies the need for a Yarrambat Township Plan to be commenced between 2012 and 2015. The objectives of the project were stated as being:

a) Determine the extent of change, if any, the community, Council and State Government is willing to accept.

b) Determine broad areas for change.

c) Develop a plan based on community participation, an agreed vision and sound research.

d) The plan will provide clear and overarching policy direction for all strategic plans and policies relating to the Yarrambat Low Density Residential Area, including recommendations for re-zoning if appropriate.




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e) The successful outcome of the project is anticipated to be a Yarrambat Township Plan.

3. At its Ordinary Meeting 29 April 2014 Council endorsed the ‘Yarrambat Township Plan Issues and Options Paper’ (April 2014) for the purposes of public consultation. The paper, informed by a range of background studies, highlighted issues and their implications for Yarrambat across six themes: housing, transport and mobility, economy, environment, service infrastructure and social needs.

4. At its meeting of 9 September 2014 Council’s Policy and Services Committee considered the outcome of submissions to the ‘Yarrambat Township Plan Issues and Options Paper’ (Exhibited May to July 2014) and endorsed for public consultation a draft vision and guiding principles to guide development of the Yarrambat Township Plan.

5. Consultation around the issues and options paper indicated that there is clear support for the development of a draft township plan which supports a limited degree of change in Yarrambat. This includes change which improves social interaction, trails, public transport and public infrastructure and which increases housing diversity and local commerce. However, this support for change is contingent on the valued character of Yarrambat remaining protected.

6. A key matter arising from the consultation around the issues and options paper is that before any change or growth can occur within Yarrambat ‘township’ there are two threshold issues that must be addressed:

a) Provision of reticulated infrastructure

b) Creation of a new township boundary

7. These issues were researched with the Victorian Government and Yarra Valley Water with information made available to Council officers in February/March 2015.

8. The community consultation and research into the threshold issues were reported to the Policy and Services Committee meeting held on 14 April 2015 with the following conclusions:

a) There is support for the creation of a Yarrambat township in line with the draft vision and guiding principles.

b) It is both reasonable and possible that the Minister for Planning will consider authorising an amendment to the Nillumbik Planning Scheme to introduce a township boundary (known in the planning scheme as an Urban Growth Boundary).

c) It is possible to provide reticulated water and sewer connection in a new and defined Yarrambat Township.




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9. The Policy and Services Committee 14 April 2015, acting under delegation from Council, resolved to continue to develop a township plan for Yarrambat and undertake a range of actions which allow for the formalisation of a small, rural township which services the needs of the local community, consistent with an adopted vision and guiding principles. Accordingly, Council resolved to:

a) Receive and note the issues raised by submitters to the draft vision and guiding principles for the Yarrambat Township Plan.

b) Adopt the draft vision and guiding principles (Attachment 3) as the basis for informing development of a draft Yarrambat Township Plan.

c) Receive a further report at a future Ordinary Meeting of Council which considers draft amendment documentation to inform the commencement of an amendment to the Nillumbik Planning Scheme to place a township boundary (UGB) around an area which defines the township of Yarrambat and applies a Development Plan Overlay to the area within the proposed township boundary.

10. Further in September 2015, Council resolved to appoint the Yarrambat Township Plan Advisory Group to assist in reviewing options for the placement of a township boundary. The Advisory Group has now met three times and assisted officers to draft a concept plan (Attachment 1), which nominates a township boundary.

Policy context


We will plan for economic development that is consistent with the Nillumbik Planning Scheme and supports Council’s objectives.

12. To this end, the preparation of a township plan for Yarrambat is also consistent with the following strategies within the Council Plan:

Recognise our responsibility in managing and protecting the Green Wedge

Promote diverse residential development to meet community needs

Support opportunities that will generate local jobs and business activities

Support appropriate sustainable economic development in the Green Wedge.

13. As outlined above, Council’s Green Wedge Management Plan identifies the need for a Yarrambat township plan to be commenced between 2012 and 2015.

Budget implications

14. At its Ordinary meeting of 25 October 2011 Council resolved to consider the allocation of funds to prepare a structure plan for the Low Density Residential Zone (LDRZ) in Yarrambat. $45,000 was set aside in the 2012-2013 Budget and $40,000 in the 2013-2014 Budget. An additional $15,000 has been allocated in the 2014-2015 Budget to commence a planning scheme amendment.




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15. The concept plan provided as Attachment 1 has been developed with the assistance of the Yarrambat Township Plan Advisory Committee. The Advisory Group comprises 10 members of the Yarrambat community who together represent a diversity of interests and backgrounds within the community. For example, one member is the principal of the Yarrambat Primary School and another is the vice-president of a local sporting club.

16. Since its inception in September 2015, the group has met three times and has provided Council with a sounding board for proposals, draft strategies and consultation inputs in regard to developing the concept plan and township boundary. The group has conducted this work in a very thoughtful and colligate manner and considering this, it is recommended that Council resolve to thank the Advisory Group for its efforts in assisting Council (see Point 2 of the officer recommendation).

17. It is worth noting that the township boundary was unanimously supported by the Yarrambat Township Plan Advisory Group, although some felt that more housing should be proposed.

18. With regards to consultation for Amendment C109 (discussed below), if and when the Minister for Planning authorises Council to commence the amendment, it will be placed on full public exhibition in accordance with the Planning and Environment Act 1987. Any submissions will be considered by Council with submitters having the opportunity to present to Council’s Policy and Services Committee. Further, a planning panel will be appointed to consider any submissions which Council cannot resolve.

Proposed township boundary

19. The concept plan provided as Attachment 1 recommends development guidelines and a township boundary for the Yarrambat Township. The township boundary is shown by a bold black line and was developed using the following criteria:

a) No inclusion of land on the west side of Yan Yean Road. Thereby, the boundary retains the township within its current position to the east of Yan Yean Road.

b) No expansion into the Rural Conservation Zone (RCZ). Thereby, the boundary does not expand outside of land that is already within the Low-Density Residential Zone (LDRZ) or a public purpose zone, and arguably already alienated from the green wedge proper.

c) Exclusion of land identified as having high environmental values.

d) Inclusion of some land north of Youngs Road to provide additional housing diversity, and help defray the costs of providing infrastructure and reticulated services. Inclusion of this land will also assist with pedestrian linkages to the golf course, and the Golf Links Estate, plus allow for civic works improvements to this section of Youngs Road.

20. In summary, the proposed boundary provides a compact township, with modest capacity for growth and without incursion into the green wedge area proper (as defined by the Rural Conservation Zone).




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21. On current estimates, the new boundary would create potential for in the order of 311 dwellings at a variety of lot sizes. The current minimum subdivision size in this area is 1ha (10,000m2). There is potential to create lots ranging from 300m2 to 2,000m2, depending on location, and provision of reticulated services. The majority of lots created would be larger than ‘typical’ residential land, in order to protect the rural township character of the area, while at the same time providing a diversity of housing opportunities for local people. The detail around the final size of lots, civic works, public spaces and the like will be finalised as part of the development of the Yarrambat Township Plan.

Concept Plan

22. There is a clear emphasis in Council’s adopted vision and guiding principles (Attachment 3) that the township should have a distinctly rural and local character. In support of this outcome, the development guidelines contained within the concept plan (Attachment 1) propose:

Key pedestrian linkages to promote walkability through the township and to surrounding locations

New north-south roads to provide for local traffic and residential living within the town and that the roads will be separate to, and not dependent upon busy Yan Yean Road.

A pattern of residential allotments which:

o Provides variation in lot sizes to promote housing diversity.

o Places larger lot sizes abutting much of the perimeter of the township with

the intent of providing a quality transition between the township and surrounding rural land.

o Orientates residential allotments to the proposed internal road network and

to public spaces, such as the Yarrambat War Memorial Park.

A modest retail/commercial core, which is orientated to Ironbark Road to enhance the local character of the township.

The use of a landscape corridor along Yan Yean Road to better separate the township from Yan Yean Road and protect its amenity from the volume of traffic which uses that road.

A site for a playground and improved public facilities

23. A primary objective in many of the development guidelines detailed above is to distinctly separate and orientate the township away from Yan Yean Road, with the intent of promoting the local function and character of the township and to prevent the township becoming a de facto service centre for commuter traffic using Yan Yean Road.




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Proposed Amendment C109 to the Nillumbik Planning Scheme

24. In accordance with Council’s resolution of April 2015, an amendment has been drafted which proposes to apply:

The UGB to the township boundary as shown in Attachment 1, and

A new Schedule 8 to the Development Plan Overlay (DPO8) (Attachment 2) to all land within the township boundary.

25. The effect of the Development Plan Overlay will be to:

Require the preparation of a detailed development plan (the Yarrambat Township Plan) which will provide a greater level of detail about how the area is to develop and will guide civic and social infrastructure improvements. It is proposed that Council prepare the Yarrambat Township Plan, based on public consultation and the advice of the Advisory Group.

The DPO will require that the future Yarrambat Township Plan be generally in accordance with the Outline Development Plan and the objectives within Schedule 8.

It will effectively veto any subdivision and major development which may prejudice the future achievement of the objectives for the township, until such time as the Yarrambat Township Plan is prepared to the satisfaction of Council. Exemptions will be available for minor works and additions.

26. The proposed amendment will be Amendment C109 to the Nillumbik Planning Scheme and to formally initiate the amendment, Council is required to request authorisation from the Minister for Planning to commence it.

27. A major issue for progression of the amendment will be whether the Minister for Planning will authorise the amendment, as it technically applies to land in a green wedge. Ultimately, should the amendment progress, the amendment will need the consent of both Houses of the Victorian Parliament to be approved.

28. Even though metropolitan and Council policies provide a clear direction that the metropolitan UGB is not to be moved to facilitate urban expansion on the metropolitan edge, there are many examples (including Hurstbridge, St Andrews and Panton Hill) where a township UGB has been used as a rural township boundary. For these reasons, and based on discussions with the Department for Environment, Land, Water and Planning it would appear reasonable and strategically justified to propose a similar township boundary for Yarrambat.

29. Depending on the response from the Minister for Planning to a request from Council for permission to commence Amendment C109, there are two alternative courses of action regarding implementation of the Yarrambat Township Project Plan:

Course A

If the Minister for Planning agrees to authorise Amendment C109, the amendment would then be placed on exhibition, submissions received and, if required, an independent Planning Panel appointed.




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Authorisation of the amendment would provide Council with the confidence that further expenditure on this project is justified, and that there is a reasonable chance that Amendment C109 will ultimately be approved by the Victorian Government.

During the 12 months over which this occurs, Council in conjunction with the Advisory Group would start preparing the Yarrambat Township Plan (which contains more detail), with a view to finalising a draft towards the completion of Amendment C109. If and when Amendment C109 is approved, Council could then adopt the Township Plan in accordance with Development Plan Overlay, and undertake a further amendment for any required rezoning and create a Development Contributions Plan if necessary, to recoup any costs incurred by Council in providing infrastructure to service future residents.

Course B

If the Minister does not consent to authorise the amendment, then the project will need to be re-scoped in-conjunction with the Advisory Group, and will instead focus on small-scale urban infrastructure improvements such as planting and footpaths.

Conclusion

30. As outlined in this report, the concept plan and township boundary, which has been developed with the assistance of the Advisory Group, proposes that the Yarrambat Township is:

Compact, with modest capacity for growth, but without incursion into the green wedge area proper

Distinctly separate to and orientated away from Yan Yean Road, with the intent of promoting the local function and character of the township, as opposed to it becoming a service centre for the adjacent urban growth corridor in the City of Whittlesea.

31. In doing so, the plan is consistent with Council’s adopted vision and principles for the township. Further, its implementation should significantly assist to protect (and enhance) the rural character of the township and the Nillumbik green wedge from urban pressures associated with the nearby urban growth corridor.

32. Amendment C109 proposes to make a significant step in implementing Council’s preferred vision for the Yarrambat township by placing the concept plan and township boundary into the Nillumbik Planning Scheme.

33. It is acknowledged that Council may not readily or easily acquire support from the Minister for Planning for the proposed amendment. However, the amendment is based on sound strategic objectives and policy, and follows significant public consultation and support. Its authorisation is therefore considered reasonable and worth pursuing.


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OCM.039/16 Managing Residential Development Taskforce and Advisory Committee

File: 40/11/094



Author: Karen Bayly, Senior Strategic Planner

Summary

The Minister for Planning has appointed the Managing Residential Development Advisory Committee (the Advisory Committee) to report on the application of residential zones in metropolitan Melbourne and the four regional cities of Bendigo, Ballarat, Geelong and Latrobe. This will be the fourth review conducted in recent years.

The purpose of the Committee is to:

Consider the process by which the new residential zones were implemented.

Review the current application of the zones that allow for residential development in the context of managing Melbourne and Victoria’s residential growth in a sustainable manner and improving housing affordability.

Advise on the level of evidence and justification needed when preparing relevant planning scheme amendments.

Recommend improvements to the residential zones.

Provide councils, the community and the industry with an opportunity to be heard.

It is not the role of the Advisory Committee to consider requests to rezone specific sites.

The Advisory Committee is inviting all councils, communities, stakeholders and individuals to make submissions. The Advisory Committee is supported by the Managing Residential Development Taskforce comprising staff from the Department of Environment, Land Water and Planning (DELWP), who have prepared Residential State of Play Reports (Attachments 2 and 3) for each metropolitan subregion and a combined report for the regional cities of Ballarat, Bendigo, Geelong and Latrobe.

Council has reviewed the State of Play reports and prepared a submission based on the recent introduction of the new residential zones. Generally, the new zones are supported, however further improvements to the General Residential Zone are required.

Council’s endorsement of the attached submission is recommended in order to ensure that matters important to Nillumbik are considered as part of Residential zones review.

Recommendation

That Council endorses the submission to the Managing Residential Development Advisory Committee (Attachment 1) and submits it to the Managing Residential Development Taskforce.




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Attachments

1. Managing Residential Development Taskforce and Advisory Committee Submission

2. Northern Subregion Residential Zones State of Play report

3. Northern Subregion plans

Background

1. In July 2013 new residential zones were introduced into the Victoria Planning Provisions. This concluded a six year period of consultation and discussion in which the Bracks, Brumby and Napthine governments sought the views of the community and industry on the preferred structure and content of the new residential zones.

2. The new residential zones comprise the Residential Growth Zone (RGZ), the General Residential Zone (GRZ) and the Neighbourhood Residential Zone (NRZ). In combination, these zones enable councils and their communities to better direct the location and scale of residential change.

3. Councils were given 12 months from July 2013 to implement the new residential zones into their planning schemes. The way in which councils implemented the new residential zones can be generally grouped into four categories:

Councils with existing housing policies prepared an amendment and requested the Minister for Planning use his powers under section 20(4) of the Planning and Environment Act 1987 (a 20(4) Amendment).

Councils with draft housing policies prepared a standard Planning Scheme Amendment which included formal exhibition of the amendment and were referred to an independent panel.

Councils with no relevant policy work opted for a translation of the former zones to the GRZ.

Councils that opted-in to the Residential Zones Standing Advisory Committee (RZSAC) process (Stage One or Two) which included notice in accordance with the RZSAC Terms of Reference and a public hearing process.

4. By January 2016 the majority of metropolitan municipalities and regional cities had completed a strategic implementation of the zones.

5. With the new residential zones now in place, the Victorian Government has decided to seek the views and experiences of industry and the community on the application of the zones, and to receive advice on the implications of this for residential policy.

6. The following is a brief overview of the history of residential zones and neighbourhood character policies in Nillumbik:

In 1999 Nillumbik Shire Council undertook consultation on its Neighbourhood Character Study and Nillumbik Residential Design Guidelines.




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Council adopted its Neighbourhood Character Study and Nillumbik Residential Design Guidelines in 2000.

Council adopted its Housing Strategy Framework in April 2001.

In 2001, Council commenced Amendment C12 to the Nillumbik Planning Scheme to implement the Neighbourhood Character Study and Residential Design Guidelines. This was placed on public exhibition between September and December 2001.

In 2003 an independent panel conducted a public hearing for Amendment C12 and delivered a panel report in May 2003. Initially the Panel rejected the amendment, and only parts of the amendment were approved by the Minister for Planning after significant negotiation and variations to the amendment content. Amendment C12 was gazetted on 6 May 2004.

In May 2008 Council commenced the Amendments C51 and C53 to implement the Eltham and Diamond Creek structure plans. These amendments included design guidelines and associated planning provisions to manage housing and character outcomes. Following a protracted 6 year process, these amendments were approved and gazetted on 25 September 2014.

In February 2012, Council Commenced Amendment C77 to make the revised Eltham Gateway Design Guidelines a reference document within the Nillumbik Planning Scheme and apply a revised Design and Development Overlay – Schedule 1, introduce a Significant Landscape Overlay, and make changes to Clause 22.10 ‘Eltham Gateway Policy’ amongst other changes. Notice of approval of the amendment appeared in the Government Gazette on 6 June 2013.

In September 2012 Council commenced Amendment C60 to apply the Design and Development Overlay (Schedule 5) to the Kinglake- Heidelberg-Kinglake Road (Main Road) Precinct in Hurstbridge. DDO5 implemented the design objectives and criteria within the Hurstbridge Design Guidelines. Council considered the 14 submissions to the amendment at the 12 November Policy and Services meeting and resolved to adopt the amendment. Notice of the approval of the amendment appeared in the Government Gazette on 16 January 2014.

Council adopted the St Andrews Township Design Guidelines in April 2012.

Council prepared Amendment C87 (new residential zones) in April 2014 and requested the Minister for Planning to approve it without notice (20(4) amendment). It was approved and gazetted on 24 July 2014.

Amendment VC116 removed the Residential 1, 2 and 3 zones from the Victoria Planning Provisions and rezoned land previously in Residential 1, 2 or 3 zones to GRZ. It was gazetted on 1 July 2014.




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Draft Amendment C99 (Neighbourhood Residential Zones schedules) was prepared by the Minister for Planning and the former DTPLI (now DELWP) undertook notice in accordance with the Residential Zones Standing Advisory Committee (RZSAC) Terms of Reference. The RZSAC held a public hearing delivered its report in November 2014. The RZSAC did not support the amendment.

Amendment C93 (application of the Design and Development Overlay to St Andrews Township) was placed on public exhibition during September and November 2014. An independent panel held a public hearing and delivered its report in March 2015. Amendment C93 was approved and gazetted on 23 July 2015.

Policy context


We will promote appropriate development in the right locations to increase the diversity of housing options for Nillumbik residents.

Budget implications

8. Provision is made within the Strategic Planning budget for the preparation of submissions on planning reform.


9. The Managing Residential Development Taskforce and advisory Committee is a State Government proposal and therefore the primary responsibility to inform, consult and educate on the proposal resides with the State Government.

10. Information on the Advisory Committee and State of Play Reports, including how to make a submission is available on the Department of Environment, Land, Water and Planning and Nillumbik Shire Council websites.

Issues/options

Advisory Committee

11. The Hon. Richard Wynne MP, Minister for Planning has appointed an Advisory Committee pursuant to section 151 of the Planning and Environment Act 1987 to report on the application of zones that provide for residential development in metropolitan Melbourne and the four regional cities of Bendigo, Ballarat, Geelong and Latrobe, having regard to managing growth, proximity to transport and jobs, housing affordability and diversity.

12. The purpose of the Committee is to:

Consider the process by which the new residential zones were implemented.

Review the current application of zones that allow for residential development in the context of managing Melbourne and Victoria's residential growth in a sustainable manner and improving housing affordability.

Advise on the level of evidence and justification needed when preparing relevant planning scheme amendments.




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Recommend improvements to the residential zones.

Provide councils, the community and the industry with an opportunity to be heard.

It is not the role of the Committee to consider requests to rezone specific sites.

Advisory Committee members

13. The Advisory Committee comprises Kathy Mitchell (Chair), Michael Kirsch (Deputy Chair), Debra Butcher, Sarah Carlisle, Peter Gaschk, Sarah McDonald, Rachael O'Neill and John Riley.

14. The Advisory Committee will be supported by the Managing Residential Development Taskforce comprising staff from the Department of Environment, Land Water and Planning (DELWP).

State of Play Reports

15. The Taskforce has prepared Residential State of Play Reports for each metropolitan subregion and a combined report for the regional cities of Ballarat, Bendigo, Geelong and Latrobe.

Make a submission

16. The Committee is inviting all councils, communities, stakeholders and individuals to make submissions about their experiences with how the zones that provide for residential development were applied and suggested improvements. Only submissions relating to the Terms of Reference will be considered.

Population and households

17. The Northern Subregion State of Play report states that as at 2011, the population of Nillumbik was approximately 63,000 residents at average population density of 14 people per hectare.

18. By 2031 Nillumbik’s population is expected to grow by 6,000 residents. As the population grows it will also age considerably resulting in a decrease in household size. This is expected to result in an increase of approximately 5,000 households by 2031.

19. Nillumbik's projected average annual population increase of 0.5 per cent compares to 1.8 per cent for metropolitan Melbourne. The source of this information is Victoria in Future, 2015.

20. Most of Nillumbik is in the Green Wedge, including areas towards the south-east of the municipality that can be considered part of Melbourne’s established suburbs.

21. As at 2014, there were 20,800 dwellings in Nillumbik. Since 2010 the municipality’s dwelling stock has been growing at approximately 140 dwellings per annum. Most of this growth has occurred on land now zoned General Residential Zone, predominantly in the form of small broad hectare developments. The source of this information is DELWP Urban Development Program, 2015.




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22. The majority of building and construction activity in the municipality consists of the development of single detached dwellings. There have also been a number of dual occupancy and multi-dwelling developments yielding between three and nine new dwellings in areas now zoned General Residential Zone.

23. The submission at Attachment 1 identifies that the population and household forecast data in the State of Play reports differs from the forcast.id information used by Council and this is raised in the draft submission.

24. Of the 4.5 million people who live in Melbourne, only 64,000, or 1.4 per cent of them, live in Nillumbik. Nillumbik’s population is forecast to grow by 4,400-6,000 people to 2036, whilst Melbourne’s population is forecast to grow by 1.56 million households to 2051.

25. Nillumbik is not a growth municipality and additional households will continue to contribute in only a negligible way to housing Melbourne’s growing population.

26. The population and household forecasts undertaken by forcast.id take into account the residential development capacity of each suburb. The forcast.id analysis assumes that in Nillumbik the addition of dwellings is the major driver of population growth and their analysis also takes account of changing age structure. This analysis shows that present trends will not continue, because available land for new housing within Nillumbik’s Urban Growth Boundary has largely already been realised and as the population ages, average household sizes are falling.

27. The State of Play report states that between 2011 and 2031 Nillumbik’s population is expected to grow by 6,000 residents and 5,000 households. The forcast.id analysis, which takes account of changing trends, forecasts a population increase of 2,900 and 2,700 new households over the same period.

28. The State of Play report observes that since 2010 Nillumbik’s dwelling stock has been growing at approximately 140 dwellings per annum. The forcast.id analysis indicates that from 2016-2036 growth in dwelling stock will reduce to 130 dwellings per annum.

Zoned land

29. The Northern Subregion State of Play report states that the General Residential Zone has been applied to one third of residential land in Nillumbik and is generally located towards the north of Eltham and outside the Diamond Creek Activity Centre. The Neighbourhood Residential Zone has mostly been applied to land on the east and west of Eltham and to smaller areas along the railway corridor at Wattle Glen and west of Diamond Creek. About 40 per cent of land in Nillumbik that supports residential development has been zoned Low Density Residential Zone. Most of this land is in the south-west of the municipality between Plenty and Yarrambat.

30. 35 per cent of Nillumbik’s residentially zoned land is within the General Residential Zone; 19 per cent within the Neighbourhood Residential Zone and 38 per cent in the Low Density Residential Zone. This compares with 44 per cent of land in metropolitan Melbourne in the General Residential Zone, 13 per cent within the Neighbourhood Residential Zone and 23 per cent in the Low Density Residential Zone or like zone.




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31. One of the Terms of Reference for the Managing Residential Development Advisory Committee is the process by which the new zones were implemented. Given that Nillumbik achieved application of the Neighbourhood Residential Zone, via a Ministerial Amendment, at a rate with exceeds the metropolitan average, other Councils are better placed to comment on this part of the review.

Improvements to the zones

32. The Advisory Committee’s Terms of Reference make recommendations about improvements to the residential zones.

33. The MAV submission to this process appropriately suggests that no major amendments should be made to the residential zones at this time as it is too early in their implementation to quantify the on the ground impacts. The Municipal Association of Victoria suggests that a further review in five years’ time would be more useful.

34. The attached submission discusses a desired change to the Schedule to the General Residential Zone to allow an optimal implementation of the Integrated Housing and Neighbourhood Character Review, particularly more effective and stronger neighbourhood character provisions. This review is being carried out in two parts:

Housing analysis and research which is complete.

Review of built form and character controls which will be completed by the end of April 2016 and reported to Council in May.

35. These two reports will be brought together into an Issues and Options Paper and placed on public exhibition prior to Council entering into the election caretaker period.

Conclusion

36. The Managing Residential Taskforce and Advisory Committee provides an opportunity for comment on the State government’s review of the Residential zones.

37. Overall, the focus of the State of Play reports is supported, however further improvements to the General Residential Zone is required.

38. Council’s endorsement of the attached submission is recommended in order to ensure that matters important to Nillumbik are considered as part of Residential zones review.


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OCM.040/16 Membership of the Eltham Major Activity Centre Development Forum

File: 40/20/007



Author: Paul Fyffe, Senior Strategic Planner

Summary

This report makes recommendations regarding the appointment of members to the Eltham MAC Development Forum and as a secondary matter, proposes administrative updates to the Forum’s Terms of Reference.

The Eltham MAC Development Forum (the Forum), which was first convened in December 2011, is Council’s community and business advisory group regarding significant planning projects for the Eltham Activity Centre. The membership of the Forum includes the three Eltham Councillors, four community representatives and four business representatives.

Over the last two years the Forum has performed successfully and been of great assistance to Council, particularly in regards to completion of the Eltham Town Square Redevelopment Project, but also more generally in terms of providing valuable advice regarding a range of activity centre issues.

The tenure for the current community and business representatives has come to an end and, under the current Terms of Reference for the Forum, Council can either seek to appoint new members, and/or extend the appointment of the existing members. The current members have indicated their willingness to continue to serve on the Forum. Considering the strong performance of the Forum and also the fact that the current members remain representative of the Eltham community, it is recommended that Council re-appoint the current members for a further two years.

A business representative vacancy has arisen due to the resignation of a member. It is proposed to advertise for a suitable replacement, and have Council appoint a representative after considering applications received.

As a secondary matter, a series of administrative updates (Attachment 1) are necessary to the Terms of Reference for the Forum, particularly to reflect current planning terminology, the current suite of activity centre projects and revisions to Council’s procedural policy. One of these suggested changes is to rename the advisory group ‘The Eltham Activity Centre Forum’.

Recommendation

That Council:

1. Re-appoints Carlota Quinlan, Adrian Leenaerts, John Dumaresq and Simon Keane as community representatives of the Eltham MAC Development Forum until March 2018.

2. Re-appoints Diane Bullen, Michael Maloney and Cheryl Meikle as business representatives of the Eltham MAC Development Forum until March 2018.




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3. Conducts a public call for a business representative through a two-week advertising period, and consider any applications received at a later meeting of Council.

4. Adopts the Terms of Reference for the Eltham Activity Centre Forum (Attachment 1).

Attachments

1. Proposed Terms of Reference for the Eltham Activity Centre Forum (with revisions shown as track changes)

Background

1. The Eltham MAC Development Forum, which was first convened in December 2011, is Council’s community and business advisory group regarding planning projects for the Eltham Activity Centre. The purpose of the Forum as stated in its Terms of Reference is:

To provide advice and commentary on a range of significant development proposals for the Eltham Major Activity Centre (MAC) and the implementation of the Eltham MAC Structure Plan.

2. The membership of the Forum includes the three Eltham Councillors, four community representatives and four business representatives. Since its inception the community representatives have been Carlota Quinlan, Adrian Leenaerts, John Dumaresq and Simon Keane, who are all Eltham residents. The business representatives have been Diane Bullen, Michael Maloney and Cheryl Meikle. Diana Granger had been the fourth business representative, but recently resigned on account of her no longer working and living in the Shire.

3. In December 2013 Council adopted a new Terms of Reference for the Forum and, as permitted by the newly adopted Terms of Reference, re-appointed the group’s members for two more years. The tenure of the current business and community members has now come to an end and Council should consider appointing membership to the Forum for the next two years.

Policy context


We will plan for economic development that is consistent with the Nillumbik Planning Scheme and supports Council’s objectives.

We will promote development in the right locations to increase the diversity of housing options for Nillumbik residents

We will encourage business investment that enhances and benefits our activity centres and townships

Budget implications

5. Provision is made within the 2015-2016 Strategic Planning Budget and work program for costs and resources associated with the Forum.




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6. The Forum plays a significant consultative role for Council, in that it provides advice from community and business representatives regarding planning proposals for the Eltham Activity Centre. Examples of projects on which the Forum has provided advice, include:

Redevelopment of the Eltham Town Square (completed)

The Eltham Car Parking Strategy (completed)

Stage 1 of the Eltham Activity Centre Precincts 3 and 4 Redevelopment Project (completed)

Amendment C51: Activity Centre Provisions (completed)

The Bridge Street Business Area Planning Project (completed)

Stage 2 of the Eltham Activity Centre Precincts 3 and 4 Redevelopment Project (current)

Issues/options

7. The Forum’s Terms of Reference state that a member’s term of appointment to the Forum is for two-years, unless otherwise extended by Council. The tenure of the current membership has come to an end and Council should therefore re-appoint the current members and/or select new members.

8. Over the last two years, the Forum has greatly assisted Council by:

Providing valuable advice on key Activity Centre projects, as outlined above.

Bringing planning, traffic and other relevant issues to Council’s attention.

Assisting Council officers to establish links and contacts relevant to activity centre planning.

Advising officers of current developments, opinions and events in the community, including the business community, relevant to activity centre planning.

Providing a platform on which officers can sound or test ideas to improve and address certain activity centre issues.

Assisting Council, community representatives and business representatives to reach an understanding of different viewpoints, regarding key issues and proposals.

9. Further, the current members have performed these tasks in a highly professional, pro-active and co-operative manner.

10. All current members of the Forum have expressed their desire to remain on the advisory group for a further two years and, as detailed above, their re-appointment is permitted by the Terms of Reference.




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11. The re-appointment of the current members is considered to have merit for the following reasons:

As detailed above, the Forum has consistently performed very strongly in terms of its purpose to assist Council with activity centre projects and matters.

The current members of the Forum are still all Eltham residents, who continue to represent business and community viewpoints.

The major project for the Forum in the 2016-2018 term will be Stage 2 of the Eltham Activity Centre Precincts 3 and 4 Redevelopment Project and all the current members have a good knowledge of this project.

12. Were Council to re-appoint the current members, a replacement would still need to be found to fill the vacancy for a business representative, which has been created by the resignation of Diana Granger. In line with the Terms of Reference, it is proposed to advertise for a suitable replacement, and have Council appoint a representative after considering applications received.

13. In addition to the appointment of members to the Forum, the other matter at hand is that a number of administrative updates are required to the Terms of Reference for the advisory group. Examples of these updates include:

To update any reference to the ‘Eltham Major Activity Centre’ to become the ‘Eltham Activity Centre’ so that the Terms of Reference are consistent with current planning terminology. As part of this change, the new name for the advisory group will become the Eltham Activity Centre Forum.

To update the objectives of the Forum to no longer include providing input into the Eltham Town Square Redevelopment Project, as this project has been completed.

To include reference to Council’s procedures and documents pertaining to the Shire’s Volunteer Policy and also the matter of Conflict of Interest.

14. A proposed Terms of Reference for the Eltham Activity Centre Forum, with the suggested updates shown as track changes, is provided as Attachment 1.

Conclusion

15. Over the last two years, the Forum has continued to strongly perform its role of providing commentary on strategic planning proposals for the Eltham Activity Centre. The tenure of the current members has come to an end, but all the current members have expressed a desire to continue serving on the Forum. Given the continued strong performance of the Forum and the fact that its members remain representative of the Eltham community, there is considered to be strong merit in re-appointing the current members for two-years.

16. To fill the remaining vacancy for a business representative, it is recommended that Council advertise for a suitable replacement, and appoint a representative after considering applications received at a future meeting of Council.

17. As a secondary matter, it is recommended that Council adopt the revised Terms of Reference for the Forum (Attachment 1), which have been updated to include a number of administrative changes.


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OCM.041/16 Panton Hill Bushland Reserves System User Group



Author: Stacey Warmuth, Environmental Works Officer

Summary

Following the adoption of the Panton Hill Bushland Reserves System (PHBRS) Management Plan in 2011, Council sought to facilitate community engagement with the establishment of the PHBRS User Group Committee, a broad-interest advisory group for the reserves. The current two-year term of the existing PHBRS User Group Committee concluded in February 2016.

This report seeks to continue the outstanding work of the PHBRS User Group Committee by appointing a new Committee for another two year term. The Terms of Reference of the User Group have been amended to increase the effectiveness of the User Group to provide community representation and engage the community.

Recommendation

That Council:

1. Adopts the amended Panton Hill Bushland Reserves User Group Committee Terms of Reference (Attachment 1).

2. Endorses a public call for nominations to the Panton Hill Bushland Reserves User Group Committee commencing in April 2016.

Attachments

1. Panton Hill Bushland Reserves System User Group Committee Terms of Reference

Background

1. The Panton Hill Bushland Reserve System (PHBRS) comprises seven individual reserves in the Watsons Creek catchment, near the townships of Panton Hill, Smiths Gully and Watsons Creek.

2. The reserves are owned and managed by Nillumbik Shire Council. They cover a total area of approximately 140 hectares and support a high diversity of indigenous flora and fauna.

3. The reserves are significant for their diverse array of native plants, animals and vegetation communities, important regional habitat links, the presence of threatened species, the presence of historical and heritage sites, and opportunities for environmental education and recreation.

4. On 28 June 2011 Council adopted the Panton Hill Bushland Reserves System (PHBRS) Management Plan as the key document to manage the important conservation, social and recreation values of the reserves.




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5. As part of the adoption of the plan Council sought to facilitate community engagement with the establishment of a broad-interest advisory group for the PHBRS.

6. The purpose of the Panton Hill Bushland Reserve System (PHBRS) User Group Committee is to encourage an understanding, appreciation, enjoyment and care within the community of the significant natural features, biodiversity, social, educational, recreational, and historical values of the Panton Hill Bushland Reserves.

7. The PHBRS User Group provides opportunities for volunteers to engage in activities that protect the values of the reserves and help to manage user impacts.

8. The PHBRS User Group has now run for four years (two two-year terms since November 2011).

Policy context


We will responsibly manage our conservation reserves and open spaces with an emphasis on fire prevention and weed eradication.

Budget implications

10. Provision has been made within Council’s Operating Budget for costs and resources associated with the creation and implementation of the PHBRS User Group Committee.


11. The existing PHBRS User Group Committee was consulted at the meeting held on 24 February 2016. All Committee members expressed interest in continuing the PHBRS User Group Committee in its current format as a vehicle to engage the community in the reserves.

12. The existing Committee discussed a number of changes to the group’s Terms of Reference, which have been made and included in the Terms of Reference (Attachment 1).

13. It is proposed to call for nominations for the PHBRS User Group Committee in April 2014. The call for nominations will be advertised via:

Council’s website

An advertisement in the Diamond Valley Leader.

Emails and phone calls to key community representatives

Signs erected at the Panton Hill and Smiths Gully stores, as well as along trails within the PHBRS.

Issues/options

14. Since its inception, the PHBRS User Group Committee has been extremely successful model for engaging users of the reserves and the broader community in activities to protect and enhance the reserves. The Committee has focussed the energy of the reserve users to have a common goal of protecting and enhancing these important reserves.




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15. The group meet quarterly and are engaged in regular working bees and other educational/cultural activities in the reserves.

16. With the current engagement of the community in the creation of an interpretation trail for the PHBRS and the CMA grant funded PHBRS Food, Fibre and Medicine Project, the User Group continues to be valuable resource for engaging the community in the management of the reserves.

17. The two-year term of the existing PHBRS User Group Committee concluded in February 2016.

18. At the last PHBRS Committee Meeting on Wednesday 24 February 2016, the Committee saw the value of continuing its role in engaging the community in protecting the reserves for another two year term.

19. The Terms of Reference have been updated to reflect the existing Committee’s desire to loosen the restrictions on external contributions to the group, increasing the Committee’s capacity to provide meaningful advice and represent their community.

20. The changes to the Terms of Reference include the ability for Committee members to nominate a delegate from the same interest group if unable to attend a meeting and for the Committee to invite external representation to provide input on a particular topic or project.

Conclusion

21. The PHBRS User Group Committee has been a successful model for engaging the community in the protection and enjoyment of the PHBRS.

22. It is recommended that Council adopt the amended Terms of Reference for the PHBRS User Group Committee and endorse a public call for nominations to the committee that will commence in April 2016.


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OCM.042/16 Special Rate Renewal for Eltham Town

File: 75/40/019



Author: Darko Popovski, Coordinator Tourism and Business

Summary

The purpose of this report is for Council to consider giving notice of its intention to declare a Special Rate Scheme for the Eltham Town Centre under Section 163 of the Local Government Act 1989. The Special Rate Scheme will assist improving the trading climate of the Eltham Town through the implementation of a series of business improvement and promotional activities.

The current Special Rate Scheme expires on 30 June 2016. The Eltham Chamber of Commerce and Industry has formally requested Council, letter dated 20 February 2016, to renew the Special Rate Scheme to be used for the purposes of funding a centre coordinator, promotional, advertising, marketing, business development and other incidental expenses associated with maintaining and developing commerce and trade in the Eltham Town Centre.

The proposed Special Rate would be a proportional rate levied upon rateable properties within the Special Rate Scheme area over a five year period. This would raise an amount of $130,000 per annum. The rate and the scope of the levy are based on a preliminary consultation process by the Eltham Chamber of Commerce and Industry that commenced in early February 2016.

This report recommends that Council commence the statutory process to Declare a Special Rate for Marketing, Advertising and Promotion of Eltham Town Centre. Any submissions from affected property owners and traders can then be considered at the Council’s Committee meeting to be held on 7 June 2016.

Recommendation

That Council:

1. Notes the initial letter sent by Eltham Chamber of Commerce and Industry (Chamber) to the owners/ occupiers of the properties included in the Eltham Town Centre proposing the re-introduction of the Special Rate for Eltham Town.

2. Notes the letter received from the Chamber requesting the re-introduction of a Special Rate and the Chamber Draft Business Plan in the form of the attachments to this report (being Attachments 9, 2 and 7 respectively).

3. Having otherwise considered all relevant matters, commences the statutory process under the Local Government Act 1989 (Act) to re-introduce by way of renewal a Special Rate to and for the properties within the defined area, such Special Rate to raise an amount of $130,000 per annum for a period of five years, commencing on 1 July 2016 and ending on 30 June 2021.




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4. Gives notice and undertakes all statutory processes outlined within Attachment 1, including the appointment and/or authorisation of officers and Committees of Council.

Attachments

1. Eltham Special Rate Council Resolution 2016

2. Eltham Special Rate Council Letter 2016

3. Eltham Special Rate Area Map 2016

4. Eltham Special Rate Property List CIV March 2016 Public

5. Eltham Special Rate Public Notice 2016

6. Eltham Special Rate Payment Agreement 2016

7. Eltham Special Rate Chamber Five Year Marketing Plan

8. Eltham Special Rate Traders News

9. Eltham Special Rate Traders Letter

Background

1. The current Eltham Town Special Rate Scheme commenced on 1 July 2011 for a period of five years and is due to expire on 30 June 2016. The scheme has been successful in funding a range of promotional and business development activities over the past five years, including advertising campaigns, business directory, Traders News and a range of promotional campaigns and events including support for the annual Eltham Jazz Food and Wine Festival.

2. The Eltham Chamber of Commerce and Industry have now formally requested Council to renew the Special Rate Scheme for a further five years, commencing 1 July 2016 (Attachment 2). The proposal involves a proportional rate levied on properties included in the Special Rate Scheme area. This would raise an amount of $130,000 per annum and $650,000 over the five year period. It will enable the implementation of an ongoing program of marketing, major events, business development, business communication, networking, coordination and management. In particular, it will fund the ongoing engagement of a centre marketing officer.

Policy context


We will encourage business investment that enhances and benefits our activity centres and townships.




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Budget implications

4. There will be no impact on Council’s budget. The funds collected through the Special Rate Scheme are levied by Council and then used to reimburse the Eltham Chamber of Commerce and Industry for its expenditure on advertising, promotion, management and business development expenses for the Eltham Town Centre.

5. Council does not retain any of the Special Rate funds. Council covers the administration and management costs associated with the program from its existing operating budget.


6. The proposal has been discussed with the Chamber’s Committee of Management which has determined that the existing scheme should continue over the next five years, maintaining the current level with no CPI increases and to again cap the annual amount to $130,000 to ease the cost burden to local businesses.

7. Traders who contribute to the scheme are provided with ongoing opportunities to participate in decision-making on how the Special Rate funds are spent on marketing and promotional activities, through the sub-committees of the Chamber and through surveys regarding their priorities and preferences for marketing activities.

8. An initial consultation with Eltham Town Centre businesses has included the following:

An article about the Special Rate Scheme proposal was published in the Chamber’s newsletter and distributed to all traders (Attachment 8).

A letter (Attachment 9) and email was sent to each business included in the Special Rate Scheme seeking formal endorsement. The letter explained the details of the proposal as well as an outline of the Chamber’s recent achievements.

The Marketing Officer and the Chamber President together with other committee members visited most of the businesses in February 2016 to gauge the level of support and answer queries regarding the proposal. The initial feedback from this consultation was very positive. To date the Committee received over 110 signed letters in support of the renewal. Some businesses are still considering the proposal, and the Chamber is continuing to build support prior to Council’s consideration of the proposed Special Rate Scheme renewal.

Boundaries of the proposed Special Rate Scheme

9. The Eltham Town Special Rate Scheme will apply to businesses trading from properties located in the core retail and business precinct including Main Road, Dudley Street, Arthur Street, Pryor Street and Luck Street in Eltham (Attachment 3 and 4).




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10. It is expected that properties within the Special Rate Scheme area will be added to or subtracted from the scheme as further redevelopments or other changes occur over the next five years. New properties within the Special Rate Scheme area will be added if they change to retail, commercial or professional uses. Properties will be deleted if they change to residential use. Amendments to the schedule will occur from the date a supplementary valuation changing its Land Classification Code is returned.

11. With regard to the special benefit, it is considered that all the properties used for retail, commercial and professional purposes in the proposed scheme will receive special benefit through increased economic activity. There are no retail or commercial properties within the Special Rate Scheme area, which should not be levied.

Basis of calculation

12. The Special Rate will be assessed on the basis of ownership of rateable land used or zoned for retail, commercial, or professional purposes located in the scheme area.

13. The Special Rate is calculated by reference to the Capital Improved Value of each property, in a similar manner to the calculation of the general rate, currently based on 2014 valuations. The list of properties and the estimated amount payable for each property is included as Attachment 4. These amounts will change when the new 2016 valuations are completed.

Objectives of proposed Special Rate Scheme

14. The Chamber marketing objectives stated in the Draft Business Plan for the Special Rates Scheme 2016-2021 are:

Further develop the internal lines of communication to businesses in the centre.

Improved integration of all marketing communication activities to develop greater synergies.

Develop all advertising and promotional activities with the specific aim of generating foot traffic and encouraging expenditure in the centre.

Through creative advertising, develop a brand value that captures the uniqueness of Eltham’s art and environmental culture and positions the retail centre for boutique shopping, including food and wine for customers in the surrounding markets.

Through integrated marketing communications, position the Eltham brand so as to differentiate the retail experience.

Create a series of interactive events that are consistent with the brand value that attract families during the week.

Through the use of outdoor marketing, develop a visual link between the different retail and business services areas of the town to create the perception of a fluid rather than fractured centre.




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Work collaboratively with Council’s Economic Development and Tourism team, Diamond Creek and Hurstbridge Traders Associations as well as the Nillumbik Tourism Association, to implement The Artisan Hills marketing plan that positions Nillumbik as a visitor destination of which Eltham is the gateway.

15. Some of the Eltham Chamber of Commerce and Industry recent activities and achievements include:

Further enhancement of the Eltham Town brand.

Ongoing development of the Eltham Town website www.elthamtown.com.au

Continuation of integrated marketing campaigns, events and competitions including the traditional Eltham Jazz Food and Wine Festival.

16. Council provides the proceeds of the Special Rate Scheme to the Eltham Chamber of Commerce and Industry. The current scheme is used for advertising, promotion, centre management, business development, and other incidental expenses. The ongoing management of the scheme is governed by the Administrative Payment Agreement between Council and the Chamber.

17. A coordinated and collective approach is aimed at maintaining and improving the Eltham Town Centre performance over time. This includes increasing patronage and expenditure, business attraction and investment. The Chamber also provides an effective communication, engagement and advocacy role for individual businesses in the centre and for the centre as a whole.

18. This is considered to be of benefit both directly and indirectly to all businesses and property owners located within the designated area and the wider community. It is considered that the value of properties included in the scheme, their desirability as a letting proposition, and their general image will be enhanced.

Rationale

19. Council can declare a Special Rate Scheme under Section 163 of the Local Government Act 1989 (Act). In declaring a Special Rate Scheme, Council must consider:

That the proposal relates to the performance of a function authorised by the Act.

That there will be a special benefit to the persons liable to pay the Special Rate.

That there is a proportional distribution of the rate amongst those persons liable to pay the Special Rate.

The total cost of the Special Rate Scheme including the annual amount, which the Chamber has budgeted to spend on various marketing and other activities.

20. Special Rate schemes for marketing, management and business development are an important strategy for centres such as Eltham Town to revitalise and maintain ongoing viability. Council has worked closely with the Chamber on improving the Eltham Town Centre in recent years. Council officers have worked with consecutive Chamber Committees of Management and sub-committees to develop annual business and marketing plans. Also, Council provides additional funding support for the Eltham Jazz Food and Wine Festival.

http://www.elthamtown.com.au/




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Finance and resource implications

21. Administrative costs will be incurred in the renewal of the Special Rate Scheme. If the Special Rate Scheme is renewed, it is intended that Council will provide the Special Rate proceeds to the Eltham Chamber of Commerce and Industry for expenditure on the marketing, management and business development of the Eltham Town Centre. A further formal Administrative Payment Agreement will be entered into between Council and the Chamber confirming that:

The role of Eltham Chamber of Commerce and Industry in expending the monies raised by the Special Rate Scheme on behalf of Council is of an administrative nature only and at all times under the direction of, and for Council.

Council reserves to itself all discretions to the application of the proceeds of the Special Rate Scheme.

Council will not forward any proceeds of the Special Rate Scheme to the Association until such an agreement is entered into.

22. The Chamber will continue to be required to prepare a Business and Marketing Plan and an Annual Budget for the Eltham Town Centre outlining how the Special Rate proceeds will be spent. A copy of the plan, calendar of annual activities and budget must be provided to Council for approval.

23. Following approval of the Business and Marketing Plan, Annual Budget and compliance with other conditions specified in the Administrative Payment Agreement, Council will provide the Chamber with the Special Rate proceeds in two instalments. A key aspect of this agreement is that the Eltham Chamber of Commerce and Industry continues to be an incorporated entity and acts in accordance with the Associations Incorporation Act 1981 and Amendments to the Act in 2014.

Legal and risk implications

24. The traders associations and the Chamber are required to enter into a formal Administrative Payment Agreement (driven by a Business Plan) with Council on the expenditure of Special Rate Scheme proceeds. This subsequently negates many of the risks that might arise through the possible irresponsible expenditure of Special Rate.

If the Chamber were to expend the Special Rate funds irresponsibly and not in accordance with their Marketing Plan, this may present a perceived risk for Council.

As identified above Council officers do not forward any proceeds of the Special Rate Scheme to the Association until such an agreement is entered into.

Upon receipt of financial reporting documentation bi-annually (Profit and Loss, Balance Sheet and Marketing Activity Report) the Special Rate Scheme funds would be paid to the Eltham Chamber of Commerce and Industry in two (2) instalments.




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The role of the Chamber in expending the monies raised by the Special Rate Scheme on behalf of Council is of an administrative nature only and at all times under the direction of, and for Council. Council reserves to itself all discretions to the application of the proceeds of the Special Rate Scheme. Section 154 of the Local Government Act 1989 enables Council to discontinue the Special Rate Scheme in this circumstance.

It should be noted a risk or consideration of Council not adopting the Special Rate Scheme for the Eltham Town Centre, is the expectation that complimentary marketing and promotional activities are required within a commercial centre. It may be suggested under this scenario that Council will be required to fund such activities through its economic development function. Marketing and promotions of Eltham Town Centre is not currently funded through Council’s existing budget.

It is considered that localised trader associations which represent the interests of its members are best positioned to identify the commercial needs, and interests of its select trader groups, and best direct marketing charges to achieve their collective interest.

Outline of planned activities and budget

25. It is proposed that the Chamber prepares an Annual Budget as part of its business planning process, outlining how the Special Rate proceeds will be spent. The Draft Business Plan for the Special Rates Scheme 2016-2021 includes the following budget allocations (estimated):

Events ($30,000)

Marketing Officer ($30,000)

Promotions and Advertising ($40,000)

Business Development ($ 20,000)

Administration/ Committee/ Contingency ($10,000)

26. The Eltham Chamber of Commerce and Industry has ongoing sponsorship arrangements and will continue to seek additional sources of funding in addition to the Special Rate.

Timeline and communication

27. At this meeting, Council resolves to give notice of intention to declare a Special Rate Scheme for Eltham Town Centre.

28. Public Notice of Council’s intention to declare the Special Rate Scheme is to be advertised in the next available edition of the Diamond Valley Leader, being Wednesday 30 March 2016.

29. Individual letters with a copy of the public notice are to be sent within five working days of the Public Notice to all property owners and property occupiers who will be made liable for the Special Rate.




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30. A person affected by the Special Rate Scheme may make a written submission (which may include in it a request to be heard at the Committee meeting) to the Council within 28 days of the publication of this notice. This will be considered in accordance with Section 223 of the Local Government Act 1989.

31. It is proposed that Council hears and considers submissions at its Committee meeting (under delegation from Council) to be held on 7 June 2016, following which, Council would resolve to declare, modify or abandon the scheme at its next Ordinary meeting to be held on 22 June 2016.

32. If the Special Rate Scheme is renewed, notice of the Special Rate Scheme will be sent to affected businesses and property owners after this date. Property owners and businesses have 30 days to appeal to the Victorian Civil and Administrative Tribunal (VCAT) from the date of this notice.

33. If there are no valid appeals or any appeals are dismissed by VCAT, Council will commence collection of the Special Rate in 2016-2017 financial year.

34. Eltham Chamber of Commerce and Industry will enter into a formal agreement with Council that confirms its role in expending the Special Rate funds in an administrative nature only and at all times under the direction of, and for Council. Payment of the Special Rate funds to the Chamber is conditional on entering into such an agreement.

Conclusion

35. The Chamber has requested Council to renew the Special Rate Scheme. Given the initial results of the consultation process indicated sufficient support for the scheme; it is recommended that Council commence the statutory process.

36. The Special Rate Scheme will enable the Chamber’s Committee of Management and its sub-committees to take greater ownership and contribute positively and in partnership with Council to the future development of the Eltham Town Centre.

37. It is proposed that Council give notice of its intention to declare a Special Rate for the Eltham Town Centre by both an advertisement in the Diamond Valley Leader and by individual letters to all owners and occupiers of properties within the proposed Special Rate Scheme area.

38. Council can proceed with a decision to give Public Notice of its intention to declare the Special Rate Scheme for Eltham Town Centre. Submissions subsequently will be invited from property owners and occupiers about the proposed Special Rate Scheme. This enables Council to further gauge the opinions of property owners and occupiers affected by the proposal. Council then will decide whether to declare, modify or abandon the Special Rate Scheme following the hearing and consideration of submissions received.


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OCM.043/16 Special Charge Renewal for Hurstbridge Village

File: 15/70/033



Author: Darko Popovski, Coordinator Tourism and Business

Summary

The purpose of this report is for Council to consider giving notice of its intention to declare a Special Charge Scheme for the Hurstbridge Village shopping precinct under Section 163 of the Local Government Act 1989. The Special Charge Scheme will help to improve the trading climate of the Hurstbridge Village through the implementation of a series of business improvement and promotional activities.

The current Special Charge Scheme expires on 30 June 2016. In a letter dated 22 February 2016, the Hurstbridge Traders Association (HTA) has formally requested Council to renew the Special Charge Scheme, which will be used to fund the marketing, promotion, management and business development expenses associated with maintaining and developing commerce and trade in the Hurstbridge Village.

The proposed Special Charge would be a standard amount of $420 per property/ business per year over a five year period. This would raise an amount of $27,720 per year based on 66 rateable properties. The charge is based on a consultation process that commenced in February 2016. Businesses that occupy more than one rateable property would only be levied once. There is no substantial change to the amount to be funded from the existing Special Charge that has been operating for the past five years.

This report recommends that Council commence the formal statutory process to give notice of the proposed Special Charge Scheme. Any submissions from affected owners and traders can then be considered at the meeting of Council’s Committee meeting to be held on 7 June 2016.

Recommendation

That Council:

1. Notes the initial letter sent by the Hurstbridge Traders Association (Association) to the owners/occupiers of the properties included in the Hurstbridge Village Precinct proposing the re-introduction of the Special Charge for Hurstbridge Village.

2. Notes the letter received from the Association requesting the re-introduction of a Special Charge and the Association’s Draft Business Plan (being Attachments 9, 2 and 7 respectively).

3. Having otherwise considered all relevant matters, commences the statutory process under the Local Government Act 1989 (Act) to re-introduce by way of renewal a Special Charge to and for the properties within the defined area, such Special Charge to raise an amount of $27,720 per annum for a period of five years, commencing on 1 July 2016 and ending on 30 June 2021.




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4. Gives notice and undertakes all statutory processes outlined within Attachment 1, including the appointment and/or authorisation of officers and Committees of Council.

Attachments

1. Hurstbridge Special Charge Council Resolution 2016

2. Hurstbridge Special Charge Council Letter 2016

3. Hurstbridge Special Charge Area Map 2016

4. Hurstbridge Special Charge Property List March 2016 Public

5. Hurstbridge Special Charge Public Notice 2016

6. Hurstbridge Special Charge Payment Agreement 2016

7. Hurstbridge Special Charge Business Plan 2016

8. Hurstbridge Special Charge Traders News 2016

9. Hurstbridge Special Charge Traders Letter 2016

Background

1. The current Hurstbridge Village Special Charge Scheme commenced on 1 July 2011 for a period of five years and is due to expire on 30 June 2016. The scheme has been successful in funding a range of promotional and business development activities over the past five years, including marketing campaigns, business directory, newsletters and a range of promotional campaigns and events including support for the annual Wattle Tree Festival.

2. The Hurstbridge Traders Association has now formally requested Council to renew the Special Charge Scheme for a further five years, commencing 1 July 2016 (Attachment 2). The proposal involves a flat charge levied on properties included in the Special Charge Scheme area. This would raise an amount of $27,720 per annum and $138,600 over the five year period. It will enable the implementation of an ongoing program of marketing, events, business development, business communication, networking, coordination and management. In particular, it will fund the ongoing engagement of a Precinct marketing coordinator.

Policy context


We will encourage business investment that enhances and benefits our activity centres and townships.




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Budget implications

4. There will be no impact on Council’s budget. The funds collected through the Special Charge Scheme are levied by Council and then used to reimburse the Hurstbridge Traders Association for its expenditure on advertising, promotion, management and business development expenses for the Hurstbridge Village Precinct.

5. Council does not retain any of the Special Charge funds. Council covers the administration and management costs associated with the program from its existing operating budget.


6. The proposal has been discussed with the Association Committee of Management which has determined that the existing scheme should continue over the next five years at a flat rate of $420 per property/ business per year, which is an increase of $30 per year from the previous charge. This would raise an amount of $27,720 per year, based on 66 rateable properties and up to $138,600 over the five year period.

7. Traders who contribute to the scheme are provided with ongoing opportunities to participate in decision-making on how the Special Charge funds are spent on marketing and promotions activities, through the committee work, forums and surveys regarding their priorities and preferences for marketing activities.

8. An initial consultation with Hurstbridge Village Precinct businesses has included the following:

An article about the Special Charge Scheme proposal was published in the Association’s newsletter/ brochure and distributed to all traders (Attachment 8).

A letter (Attachment 9) and email was sent to each business included in the Special Charge Scheme. The letter explained the details of the proposal as well as an outline of the Association recent achievements.

The Marketing Officer and the Association Acting President together with other committee members visited many of the businesses during February 2016 to gauge the level of support and answer queries regarding the proposal. The initial feedback from this consultation was positive. Many businesses are still considering the proposal, and the Association is continuing to build support prior to Council’s consideration of the proposed Special Charge Scheme renewal.

Boundaries of proposed Special Charge Scheme

9. The Hurstbridge Village Special Charge Scheme will apply to businesses trading from properties located between 784 – 1022 (inclusive) and 783 – 1023 (inclusive) Heidelberg–Kinglake Road, properties located at 2 - 4 Parker Road and Graysharps Road in Hurstbridge (Attachment 3 and 4).

10. It is expected that properties within the Special Charge Scheme area will be added to or subtracted from the scheme as further redevelopments or other changes occur over the next five years. New properties within the Special Charge Scheme area will be added if they change to retail, commercial or professional uses. Properties will be deleted if they change to residential use. Amendments to the schedule will occur from the date a supplementary valuation changing its Land Classification Code is returned.




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11. With regard to the special benefit, it is considered that all the properties used for retail, commercial and professional purposes in the proposed scheme will receive special benefit through increased economic activity. There are no retail or commercial properties within the Special Charge Scheme area, which should not be levied.

Basis of calculation

12. The Special Charge is a flat charge of $420 and will be assessed on the basis of ownership of rateable land used or zoned for retail, commercial, or professional purposes located in the scheme area. The list of properties and the amount payable for each property is included as Attachment 4. It is not proposed to include residential properties for the purposes of the levy and businesses occupying more than one rateable property would attract the levy only once. Such businesses would need to apply in writing to request that the appropriate rebate be applied to ensure this.

Objectives of proposed Special Charge Scheme

13. The expenditure of the Special Charge proceeds are intended to build on the successes over the last five years and continue to fulfil the following objectives:

Retain and build upon the unique character and heritage of the Hurstbridge Village.

Attract increased business patronage from Hurstbridge and surrounding communities.

Promote Hurstbridge as a visitor destination to the wider Melbourne region and work collaboratively with Nillumbik Council Economic Development and Tourism Team, Diamond Creek Traders Association and Eltham Chamber as well as the Nillumbik Tourism Association, to implement The Artisan Hills marketing plan that positions Nillumbik as a visitor destination.

Promote and enhance the independent nature of the business activity mix.

Maintain and strengthen the relationship with the local community.

Pursue initiatives that will further develop and enhance the village atmosphere of the shopping precinct.

14. Some of the Hurstbridge Traders Association recent activities and achievements include:

Further enhancement of the Hurstbridge Village brand.

Ongoing development of the Hurstbridge Village website www.hurstbridgevillage.com.au

Continuation of integrated marketing campaigns, events and competitions including the traditional Hurstbridge Wattle Tree Festival.

15. Council provides the proceeds of the Special Charge Scheme to the Hurstbridge Traders Association. The current scheme is used for advertising, promotion, Precinct management, business development, and other incidental expenses. The ongoing management of the scheme is governed by the Administrative Payment Agreement between Council and the Association.




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16. A coordinated and collective approach is aimed at maintaining and improving the Hurstbridge Village Precinct performance over time. This includes increasing patronage and expenditure, business attraction and investment. The Association also provides an effective communication, engagement and advocacy role for individual businesses in the Precinct and for the Precinct as a whole.

17. This is considered to be of benefit both directly and indirectly to all businesses and property owners located within the designated area and the wider community. It is considered that the value of properties included in the scheme, their desirability as a letting proposition, and their general image will be enhanced.

Rationale

18. Council can declare a Special Charge Scheme under Section 163 of the Local Government Act 1989 (Act). In declaring a Special Charge Scheme, Council must consider:

That the proposal relates to the performance of a function authorised by the Act.

That there will be a special benefit to the persons liable to pay the Special Charge.

That there is a proportional distribution of the charge amongst those persons liable to pay the Special Charge.

The total cost of the Special Charge Scheme including the annual amount, which the Association has budgeted to spend on various marketing and other activities.

19. Special Charge schemes for marketing, management and business development are an important strategy for Precincts such as Hurstbridge Village to revitalise and maintain ongoing viability. Council has worked closely with the Association on improving the Hurstbridge Village Precinct in recent years. Council officers have worked with consecutive Association Committees of Management and sub-committees to develop annual business and marketing plans.

Finance and resource implications.

20. Administrative costs will be incurred in the renewal of the Special Charge Scheme. If the Special Charge Scheme is renewed, it is intended that Council will provide the Special Charge proceeds to the Hurstbridge Traders Association for expenditure on the marketing, management and business development of the Hurstbridge Village Precinct. A further formal Administrative Payment Agreement will be entered into between Council and the Association confirming that:

The role of Hurstbridge Traders Association in expending the monies raised by the Special Charge Scheme on behalf of Council is of an administrative nature only and at all times under the direction of Council.

Council reserves to itself all discretions to the application of the proceeds of the Special Charge Scheme.

Council will not forward any proceeds of the Special Charge Scheme to the Association until such an agreement is entered into.




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21. The Association will continue to be required to prepare a Business and Marketing Plan and an Annual Budget for the Hurstbridge Village Precinct outlining how the Special Charge proceeds will be spent. A copy of the plan, calendar of annual activities and budget must be provided to Council for approval.

22. Following approval of the Business and Marketing Plan, Annual Budget and compliance with other conditions specified in the Payment Agreement, Council will provide the Association with the Special Charge proceeds in two instalments. A key aspect of this agreement is that the Hurstbridge Traders Association continues to be an incorporated entity and acts in accordance with the Associations Incorporation Act 1981 and Amendments to the Act in 2014.

Legal and risk implications

23. The traders associations are required to enter into a formal Administrative Payment Agreement (driven by a Business Plan) with Council on the expenditure of Special Charge Scheme proceeds. This subsequently negates many of the risks that might arise through the possible irresponsible expenditure of Special Charge.

As identified above Council officers do not forward any proceeds of the Special Charge Scheme to the Association until such an agreement is entered into.

Upon receipt of financial reporting documentation bi-annually (Profit and Loss, Balance Sheet and Marketing Activity Report) the Special Charge Scheme funds would be paid to the Hurstbridge Traders Association in two instalments.

The role of Association in expending the monies raised by the Special Charge Scheme on behalf of Council is of an administrative nature only and at all times under the direction of, and for Council. Council reserves to itself all discretions to the application of the proceeds of the Special Charge Scheme. Section 154 of the Local Government Act 1989 enables Council to discontinue the Special Charge Scheme in this circumstance.

A consideration of Council if it chooses not to adopt the Special Charge Scheme for the Hurstbridge Village Precinct, is the expectation that complimentary marketing and promotional activities are undertaken regardless. It may be suggested under this scenario that Council be required to fund such activities through its economic development function. Marketing and promotions of Hurstbridge Village Precinct is not currently funded through Council’s existing budget.

It is considered that localised trader associations which represent the interests of its members are best positioned to identify the commercial needs, and interests of its select trader groups, and best direct marketing charges to achieve their collective interest.

Outline of planned activities and budget

24. It is proposed that the Association prepares an Annual Budget as part of its business planning process, outlining how the Special Charge proceeds will be spent. The Draft Business Plan for the Special Charges Scheme 2016-2021 includes the following budget allocations (estimated):

Marketing Coordinator ($14,000)




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Promotions and Advertising ($9,500)

Business Development ($ 2,000)

Administration and Committee ($2,000)

25. The Hurstbridge Traders Association has ongoing sponsorship arrangements and will continue to seek additional sources of funding in addition to the Special Charge.

Timeline and communication

26. At this meeting, Council resolves to give notice of intention to declare a Special Charge Scheme for Hurstbridge Village Precinct.

27. Public Notice of Council’s intention to declare the Special Charge Scheme is to be advertised in the next available edition of the Diamond Valley Leader, being Wednesday 30 March 2016.

28. Individual letters with a copy of the public notice are to be sent within five working days of the Public Notice to all property owners and property occupiers/ businesses that will be made liable for the Special Charge.

29. A person affected by the Special Charge Scheme may make a written submission (which may include in it a request to be heard at the Committee meeting) to the Council within 28 days of the publication of this notice. This will be considered in accordance with Section 223 of the Local Government Act 1989.

30. It is proposed that Council hears and considers submissions at its Committee meeting (under delegation from Council) to be held on 7 June 2016, following which, Council would resolve to declare, modify or abandon the scheme at its next Ordinary meeting to be held on 22 June 2016.

31. If the Special Charge Scheme is renewed, notice of the Special Charge Scheme will be sent to affected businesses and property owners after this date. Property owners and businesses have 30 days to appeal to the Victorian Civil and Administrative Tribunal (VCAT) from the date of this notice.

32. If there are no valid appeals or any appeals are dismissed by VCAT, Council will commence collection of the Special Charge in 2016-2017 financial year.

33. Hurstbridge Traders Association will enter into a formal agreement with Council that confirms its role in expending the Special Charge funds in an administrative nature only and at all times under the direction of, and for Council. Payment of the Special Charge funds to the Association is conditional on entering into such an agreement.

Conclusion

34. The Association has requested Council to renew the Special Charge Scheme. Given the initial results of the consultation process indicated sufficient support for the scheme; it is recommended that Council commence the statutory process.

35. The Special Charge Scheme will enable the Association Committee of Management and its sub-committees to take greater ownership and contribute positively and in partnership with Council to the future development of the Hurstbridge Village Precinct.




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36. It is proposed that Council give notice of its intention to declare a Special Charge for the Hurstbridge Village Precinct by both an advertisement in the Diamond Valley Leader and by individual letters to all owners and occupiers of properties within the proposed Special Charge Scheme area.

37. Council can proceed with a decision to give Public Notice of its intention to declare the Special Charge Scheme for Hurstbridge Village Precinct. Submissions subsequently will be invited from property owners and occupiers about the proposed Special Charge Scheme. This enables Council to further gauge the opinions of property owners and occupiers affected by the proposal. Council then will decide whether to declare, modify or abandon the Special Charge Scheme following the hearing and consideration of submissions received.


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OCM.044/16 Sutherland Road Special Charge Scheme, Diamond Creek

File: S/072



Author: Anita Devi, Project Engineer

Summary

On 9 November 2015, Council received a petition signed by property owners in Sutherland Road (between Yan Yean Road and Larch Crescent) requesting that Council investigate road sealing.

Questionnaires were then sent to property owners in Sutherland Road, Diamond Creek on 16 December 2015 to establish the level of support to construct the road.

The level of support established for a Special Charge Scheme Sutherland Road, Diamond Creek is 16.7 per cent. This represents support from one of the six property owners.

Given that the level of support is below 60 per cent it is recommended that Council abandon the scheme and place further investigations for road construction in Sutherland Road, Diamond Creek on a three year moratorium.

Recommendation

That Council:

1. Abandons further investigations into a Special Charge Scheme for Sutherland Road, Diamond Creek between Yan Yean Road and Larch Crescent.

2. Places any further investigations into a Special Charge Scheme for Sutherland Road, on a three year moratorium.

3. Notifies affected property owners accordingly.

Attachments

1. Attachment 1 - Sutherland Road Special Charge Scheme

2. Attachment 2 - Apportionment to affected properties

Background

1. On 22 September 2015, Council resolved to proceed with the development of a Special Charge Scheme for the sealing of Hillmartin Lane, Sutherland Road (between Larch Crescent and Diamond Creek Road), Larch Crescent, Fielding Road and Starling Road, Diamond Creek.

2. Subsequently, Council received a petition on 9 November 2015, signed by property owners in Sutherland Road (between Yan Yean Road and Larch Crescent) requesting that Council investigate road sealing.




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3. Residents were informed that as the Hillmartin Lane area scheme was already in the consultation phase; a scheme for Sutherland Road would need to be treated separately. Therefore the estimate provided was based on the road being constructed in isolation. However, in the event that both these schemes were to proceed to the construction phase, Council would aim to construct both schemes simultaneously, with an expected cost saving to be passed on to the property owners.

Policy context


We will provide a safe and accessible network of local roads, footpaths and trails.

Budget implications

5. The cost of the investigation undertaken to date is accommodated in the current services budget.


6. Consultation to date has been carried out in line with Council’s Special Rates and Charges Policy and Procedure. This involved questionnaires being sent to property owners Sutherland Road, Diamond Creek on 16 December 2015 (refer to Attachment 1).

7. Progress on the development of the Special Charge Scheme is typically reported to Council at three points in the process:

Advise Council of the level of support for construction and recommend proceeding or abandonment (this report).

At completion of the design when Council is required to commence the statutory part of the process by notifying residents and publicly advertising its intention to declare the special charge.

Via a Policy and Services Committee report to consider any objections or submissions on Council’s intention to declare the special charge. At this time Council can decide to formally declare the special charge, amend or abandon it.

Issues/options

8. On 9 November 2015, Council received a petition signed by property owners in Sutherland Road, Diamond Creek requesting that Council investigate road sealing.

a) On 16 December 2015, questionnaires were sent to property owners in Sutherland Road, Diamond Creek to establish the level of support to construct the road.




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9. The results of these questionnaires are shown in Table 1 below.

Table 1 – Results for Sutherland Road Special Charge Scheme questionnaires

Construction No change No response Total

Votes 1 4 1 6

Percentage 16.7% 66.6% 16.7% 100%

10. The level of support established for a special charge scheme for Sutherland Road, Diamond Creek is below 60 per cent requirement for the scheme to proceed.

11. One property did not respond to the questionnaires. If the property owner was to vote in favour of the road construction, the level of support would still be below 60 per cent requirement for the scheme to proceed.

12. Property owners were given the opportunity to include comments in their questionnaire response. Some of the issues raised were:

a) No benefit from a sealed road

b) Cannot afford to pay the special charge

Conclusion

13. The results of the questionnaire demonstrate insufficient support from a majority of property owners in Sutherland Road, Diamond Creek, for the construction of the road via a Special Charge Scheme.

14. Based on this support, it is recommended that the consultation process be abandoned, further investigation placed on a three year moratorium and all affected property owners be formally advised.


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OCM.045/16 Audit Committee - Minutes February 2016

File: 20/15/006



Author: Vince Lombardi, Manager Finance

Summary

In accordance with the Local Government Act 1989 section 139 and good governance principles, councils must have an Audit Committee.

As resolved at the Ordinary Meeting of Council on 16 August 2005 the Audit Committee minutes are to be reported and presented at an Ordinary Meeting of Council following the Audit Committee meeting.

The Audit Committee met on 15 February 2016. The minutes for the meeting are attached.

Recommendation

That Council notes the minutes of the Audit Committee meeting for 15 February 2016.

Attachments

1. February 2016 Minutes of Meeting

Background

1. As resolved at the Ordinary Meeting of Council on 16 August 2005 the Audit Committee minutes are to be reported and presented at an Ordinary Meeting of Council following the Audit Committee meeting.

2. The Audit Committee meets a minimum of four times a year and has the role to assist the coordination of relevant activities of management, internal audit and the external auditor to facilitate good governance, effectiveness and efficiency.

Policy context


We will ensure our services are efficient and deliver good value for money for our residents and we will invest in training and technology to enhance productivity.

We will meet our legal responsibilities and manage our risks.

Budget implications

4. The costs associated with this matter are contained within Council’s 2015-2016 Budget.



OCM.045/16 Audit Committee - Minutes February 2016

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5. The Audit Committee meeting on 15 February 2016 was attended by the Committee members, Acting Chief Executive Officer, General Manager Corporate Services and Manager Finance. Cr Ken King was the Councillor Representative.

Issues/options

6. The minutes of the Audit Committee are submitted to Council after each meeting. To provide timely feedback, these are unconfirmed minutes.

7. The Audit Committee plays a significant role in Council’s governance framework. It provides external expert advice to Council on key areas of risk. Risk in this case is interpreted broadly and covers risk to Council’s sustainability, reputation, fraud control and effectiveness, as well as financial risk.

8. The 15 February 2016 Audit Committee minutes have not yet been adopted by the Committee, but will be presented at its next meeting.

9. Among the items considered by the Audit Committee at the meeting held on 15 February 2016 were:

The Internal Audit progress report was received and noted

The Risk and Insurance report was received and noted

The December quarter financial report was received and noted

The Victorian Auditor General’s Office strategic audit plan for 2015-2016 was received and noted.

Next meeting

10. The next Audit Committee meeting is scheduled to take place on Monday 16 May 2016.

Conclusion

11. The Audit Committee minutes 15 February 2016 are presented to Council to ensure timely feedback, accurate information and for noting by Council.


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OCM.046/16 Review of Instrument of Appointment and Authorisation (Planning and Environment Act 1987)

File: 15/10/004



Author: Wayne Trull, Coordinator Governance

Summary

Section 224 of the Local Government Act 1989 provides for the appointment of Authorised Officers for the purposes of the administration and enforcement of any Act, regulation or local law which relate to the functions and powers of Council.

The Chief Executive Officer usually makes these appointments using the authority conferred by Council under the Instrument of Delegation to the Chief Executive Officer, most recently updated by Council in May 2015.

However, section 188(2) of the Planning and Environment Act 1987, (the Act) provides that councils cannot delegate to the CEO the power to authorise officers for the purposes of enforcing that Act.

Therefore, a separate Instrument of Appointment and Authorisation (Planning and Environment Act 1987) was originally developed by Council’s solicitors, Maddocks, specifically for authorised officers appointed under that Act.

The Instrument of Appointment and Authorisation provides for Council to appoint officers by resolution, pursuant to section 147 of the Act. The Instrument also includes the general appointment provision contained in section 232 of the Local Government Act 1989 to commence proceedings in Council’s name.

This report is largely administrative in nature as it reviews and amends the current Instrument of Appointment and Authorisation (Planning and Environment Act 1987), last adopted by Council in October 2014, in order to take account of a number of changes to planning staff since that time. No other changes have been made to the Instrument itself.

It is recommended that the amended Instrument of Appointment and Authorisation (Planning and Environment Act 1987) be adopted by Council (Attachment 1).

Recommendation

That Council, in the exercise of the powers conferred by section 224 of the Local Government Act 1989 and the other legislation referred to in the attached Instrument of Appointment and Authorisation (Planning and Environment Act 1987) resolves that:

1. The members of Council staff referred to in the Instrument be authorised and appointed as set out in the Instrument.

2. The Instrument comes into force immediately the common seal of Council is affixed to the Instrument and remains in force until Council determines to vary or revoke it.

3. The common seal be affixed to the Instrument.




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Attachments

1. Instrument of Appointment and Authorisation - Planning and Environment Act 1987

Background

1. Section 224 of the Local Government Act 1989 provides for the appointment of Authorised Officers for the purposes of the administration and enforcement of any Act, regulation or local law which relate to the functions and powers of Council.

2. The Chief Executive Officer usually makes these appointments using the authority conferred by Council under the Instrument of Delegation to the Chief Executive Officer, most recently updated by Council in February 2014.

3. However, section 188(2) of the Planning and Environment Act 1987, (the Act) provides that Councils cannot delegate to the CEO the power to authorise officers for the purposes of enforcing that Act.

4. Therefore, a separate Instrument of Appointment and Authorisation (Planning and Environment Act 1987) was originally developed by Council’s solicitors, Maddocks, specifically for authorised officers appointed under the Act.

5. The Instrument of Appointment and Authorisation (Planning and Environment Act 1987) provides for Council to appoint officers by resolution, pursuant to section 147 of the Act. The Instrument also includes the general appointment provision contained in section 232 of the Local Government Act 1989 to commence proceedings in Council’s name.

Policy context



Budget implications

7. The regular updates of Council’s Instruments of Delegation and Authorisation are an administrative function, the cost of which is included within Council’s operational budget.


8. Council’s Instruments of Appointment and Authorisation have been developed in conjunction with Council’s solicitors, Maddocks, and satisfy current legislative requirements.

Instrument of Appointment and Authorisation (Planning and Environment Act 1987)

9. This report is largely administrative in nature as it reviews and amends the current Instrument of Appointment and Authorisation (Planning and Environment Act 1987), last adopted by Council in October 2014, to take account of a number of changes to planning staff since that time. No other changes have been made to the Instrument itself.




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10. Authorised officers added to the current Instrument are:

Louise Barton

Sam Westbrooke

Ben Kenyon

Blake Clancy

Megan Brittingham

Matthew Wong

11. Authorised officers removed from the current Instrument are:

Joy Murphy

Julian Pollard

12. For the information of Councillors, the amended Instrument of Appointment and Authorisation (Planning and Environment Act 1987) is attached. (Attachment 1)

Conclusion

13. It is recommended that the amended Instrument of Appointment and Authorisation (Planning and Environment Act 1987) be adopted by Council.


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OCM.047/16 Contract report 1516-56 - Supply and installation of solar photovoltaic system at the Civic Centre

File: 1516-56


Manager: Ransce Salan, General Manager Environment and Planning

Author: Donna Stoddart, Coordinator Environmental Planning

Pat Vaughan, Manager Environmental Services

Summary

Through the adoption of Nillumbik’s Climate Change Action Plan 2016-2020, Nillumbik Council has committed to reduce Council’s operation reliance on fossil fuels. In addition to making substantial improvements to buildings to improve thermal efficiency, Council made a commitment to implement a range of renewable energy installations to reduce Council’s reliance on grid power, the cost of electricity use and the cost of purchasing carbon offsets.

The Civic Centre has one of the highest electricity consumption rates of Council-owned buildings. The building is also relatively large and has a large area of available roof space. The Civic Centre was identified as a high priority for a solar PV system to significantly reduce electricity consumption from the grid and associated costs to Council.

This report considers the awarding of the contract for the supply and installation of solar photovoltaic (PV) system at the Civic Centre.

The work covered by this contract consists of supplying all labour, supervision, material and equipment necessary in connection with the solar PV system(s), being complete, commissioned and tested, ready for service. The works include:

Electrical connection of solar PV system via existing switchboards.

Construction of carport structure to house 32kW of panels in the southern car parking area, including but not limited to design, engineering, building permit and connection to existing switchboards.

Lightning and surge protection as required.

‘As-built” drawings and operational manuals on completion of project.

Safety shutdown procedure documentation and training

Commissioning and testing of the complete electrical installation

Provision of capped underground cabling for future electric vehicles located under the carport structure.

Provision of 12 months warranty and free service on the entire installation.

The tender evaluation panel has assessed all submissions and this report outlines their evaluation in recommending the awarding of the contract for the supply and installation of solar photovoltaic at the Civic Centre.



OCM.047/16 Contract report 1516-56 - Supply and installation of solar photovoltaic system at the Civic Centre

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Pursuant to the Instrument of Delegation to the Chief Executive Officer the value of this contract exceeds the specified financial limits and a Council resolution is therefore required to award the contract/s.

Recommendation

That Council:

1. Notes the report.

2. Makes public the decision regarding this contract but the tender evaluation remain confidential.

Attachments

Nil


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OCM.048/16 Risk and Insurance Report

File: 25/50/018



Author: Craig Commane, Risk Advisor

Vince Lombardi, Manager Finance

Summary

This report provides a summary of Council’s Risk and Insurance Report for the quarter ending December 2015.

The report is presented in accordance with the Local Government Performance Reporting Framework that commenced on 1 July 2014. This reporting framework requires the presentation of a report to Council at least every six months, detailing the strategic risks, operational risks, the consequences and likelihood of occurrence, and risk mitigation strategies.

Risk and insurance reporting to Council will be tabled each quarter following consideration by the Audit Committee.

A separate report in this agenda provides detailed information for Council consideration. It is recommended that this detailed report remain confidential as it includes information which may prejudice the Council or another person.

Recommendation

That Council:

1. Notes this summary of the Risk and Insurance Report for the quarter ending December 2015.

2. Confirms that the confidential Risk and Insurance Report for the December Quarter 2015 is to remain confidential in accordance with sections 77 and 89(2)(h) of the Local Government Act 1989.

Attachments

Nil

Background

1. Council’s commitment to risk management is outlined in the Risk Management Policy adopted by Council on 16 December 2014, with the following objectives:

Promote and support a consistent corporate approach to risk management.

Ensure that all risks that could affect the achievement of our Council’s goals, strategies and actions are identified, assessed and treated to a commercially and politically acceptable level of risk.




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To manage risks to an acceptance level in the low/medium risk range as far as practicable.

Integrate risk management into decision making process and embed risk into the organisation culture to help make informed choices to ensure resources and operational capabilities are identified and deployed responsibly and effectively for the benefit of Council and our stakeholders.

To ensure that risk management is seen as the responsibility of all staff, i.e: ‘Risk Management is everyone’s business’.

Provide a basis for higher standards of accountability.

2. In addition to the risk management policy, Council’s Risk Management Framework communicates and describes the risk management structure and procedures that are used to identify, analyse, evaluate, treat, monitor and communicate key risks, including management reporting.

3. The context of the Risk Management Policy and Framework takes into account that Local government presents a distinct risk character and profile that needs to be taken into account when considering risk management. Many assets and services are available 24/7 in an unsupervised way, some are managed or provided by volunteers or committees of management or are managed by contractors, others are regulated by compliance legislation.

4. Prior to the introduction of the Local Government Performance Reporting Framework, risk reporting was referred to Councils’ Internal Audit Committee and the information included for consideration by Council through the adoption of the Audit Committee’s minutes.

5. Commencing 1 July 2014, the State Government introduced the Local Government Performance Reporting Framework. This framework requires the presentation of risk reporting processes to Council at least every six months on strategic risks to Council operations.

6. The Risk and Insurance report is a result of consolidation of these management reports, which broadly reports on:

Risk Management

Insurance premiums

Claims and Incident Management

Safety Health and Wellbeing

Statistical reports relating to strategic risks and accident and injury data.

Policy context



Budget implications

8. The costs for managing and reporting are covered by the operating budget for the Corporate Services Department.




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9. The Risk and Insurance Report was considered by the General Management Team on 27 January 2016 and the Audit Committee on 15 February 2016.

Issues/options

10. The Risk and Insurance report has been prepared in accordance with Council’s risk management framework and is consistent with industry standards, using the Australian Standard AS/NZS 31000:2009 Risk Management.

11. Highlights from the report are:

Council Risk status reporting – 70 per cent of all risk control actions have been completed and 29 per cent are on target to be completed in accordance with their time lines. One action is not on target as at the reporting date, this action has since recommenced and due by the original target date. One action was not due to commence as at the reporting date.

A tender was advertised for the provision of insurance brokerage services commencing for the 2016-2017 insurance year. Three submissions were received and the successful tenderer was Jardine Lloyd Thompson Pty Ltd.

No external audits were conducted during the December 2015 quarter.

The following table summarises recorded incidents by type for matters involving Council.

Incidents by type Jan - Mar 2015

Apr - Jun 2015

Jul - Sep 2015

Oct - Dec 2015

Total year to Dec 2015

Total year to Dec 2014

Year to year trend

Property 12 5 3 13 33 27

Motor Vehicle 26 21 35 35 117 112

Professional Indemnity

1 0 1 0 2 2

Public Liability 29 17 25 27 98 81

Occupational Health and Safety

15 21 21 25 82 94

Total All Incidents 83 64 85 100 332 316

o Property incidents typically are reported break-ins, vandalism and

accidental damage to Council buildings or fixed equipment such as in playgrounds.

o Motor vehicle incidents include accidental damage involving Council’s light

and heavy fleet, including incidents caused by third parties.




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o Public liability relates to incidents reported to Council where the third party

is seeking compensation. These claims are managed by an external claims manager or Council’s insurer. Typical incidents primarily relate to vehicle road damage, tree related and trip and fall incidents.

o Occupational Health and Safety data includes proactive hazard reporting.

o Annual trend data for 2015 highlights a 5 per cent increase in reported

incidents over the same period for 2014. This is attributed to small increases in property, motor vehicle and public liability incidents.

o Incident costs including under excess claim costs and insurance excesses

are managed within existing budgets.

Conclusion

12. This summary, along with the Confidential Risk and Insurance Report, have been provided to meet the requirements of the Local Government Performance Reporting Framework and consolidation of management reporting.

13. Ongoing reporting to Council will be presented quarterly following each meeting of the Audit Committee.


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OCM.049/16 Environment and Planning monthly activity report

File: 45/25/007


Manager: Ransce Salan, General Manager Environment and Planning

Author: Chad Griffiths, Manager Strategic and Economic Planning

Jeremy Livingston, Manager Planning Services

Phil Lovelace, Manager Regulatory Services

Pat Vaughan, Manager Environmental Services

Summary

This report provides a status update on planning, regulatory and policy activities in Council’s Environment and Planning Department for the month of February 2016.

Recommendation

That Council receives the Environment and Planning Department Activity Report for February 2016 and notes the following items:

1. Eighty-five per cent of planning applications were determined within 60 statutory days.

2. One VCAT decision was handed down during February; 40 Shalbury Avenue, Eltham – Development of the land for 6 dwellings (Council refusal, VCAT refusal).

3. Notice of the approval of Amendment C85 ‘Lot 1 Graysharps Road, Hurstbridge’ appeared in the Government Gazette on 25 February 2016, which effectively finalised the amendment.

4. Melbourne Water have received notification from the Minister for Environment, Climate Change and Water that the Diamond Creek Water Supply Protection Area has been abolished and the Streamflow Management Plan has been revoked. This now makes way for the Diamond Creek Local Management Plan to be put into place.

5. The Home Harvest Feast was held on Sunday 28 February at Edendale. Over 300 people participated in the celebration of local food and home-grown seasonal produce.

Attachments

1. Information on statutory planning matters and subdivisions

2. Information on approved Building Dispensations

3. Information on Planning Scheme Amendments




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Background

1. Council’s Environment and Planning Department consists of the Planning Services Unit; Regulatory Services Unit; Strategic and Economic Planning Unit; and Environmental Services Unit. The following report consolidates and documents the key activities for each of these service units for the month of February 2016. A summary of the key activities within each of these service units follows.

Policy context


We will plan so that any development is sympathetic to the Shire’s unique heritage and protects neighbourhood character and our tree canopy.

Planning Services Unit

Planning applications lodged and finalised

3. Applications lodged include new planning applications; requests for amendments; plans required by permit conditions and miscellaneous consents (under Section 173 Agreements). A total of 110 new applications were lodged in February 2016.

4. The applications finalised total includes those applications that have been both withdrawn and those for which no permit were required. A total of 99 applications were finalised in February.




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5. A breakdown of the determined planning applications is as follows:

Application type: Percentage determined

Residential development (new dwellings or additions) 42%

Multi-dwelling development 17%

Miscellaneous consent under Section 173 Agreement 15%

Subdivision 14%

Non-residential building and works 6%

Use 3%

VicSmart 2%

Vegetation removal 2%

6. Council has received 23 year to date more planning application than for the same period in 2015:

Year 29 February 2015 29 February 2016

Year to date 141 164

7. At the end of February, 330 planning applications remain outstanding, 57 more than for the same period last year:

Year 29 February 2015 29 February 2016

Outstanding applications 273 330




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Planning applications decision timelines

8. The following graph outlines the statutory timelines for all planning decisions, with the exception of ‘VicSmart’ planning applications. In February, 85 per cent of planning applications were decided within 60 statutory days.

9. VicSmart planning decision process specifies 10 business days as the statutory timeframe when applications meet criteria set by the State Government. One VicSmart planning application was decided in February.

Victorian Civil and Administrative Tribunal (VCAT) decisions

10. A total of six planning matters are currently before VCAT. One VCAT decision was handed down in February 2016.

11. 40 Shalbury Avenue, Eltham – Development of the land for six dwellings (Council refusal, VCAT refusal)

12. The application sought the construction of three two storey dwellings and three single storey dwellings, down the length of the site. The site is zoned General Residential and also affected by the Significant Landscape Overlay (Schedule 3). The application attracted four written objections. Council refused the application on grounds relating to both neighbourhood character and inadequate landscaping opportunities. The permit applicant subsequently sought an application for review at VCAT. The objector parties chose not to participate at the VCAT hearing.

13. With respect to strategic location, the Tribunal commented that “…there is no doubt that the subject land is suitable for more than one dwelling. Nothing to the contrary is suggested in any submissions or statements of grounds filed in this proceeding. The question is whether the level of built form intensity and landscape contribution in this permit application achieve the character and landscape outcomes sought by the planning scheme”.




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14. In relation to neighbourhood character, the Tribunal noted that “…the main difficulties I find with this proposal are its intensity, uniformity and regularity. Policy may not expressly direct canopy trees between dwellings, but it a design response that contributes to a bushland setting”. The Tribunal further commented that the primary concerns with the proposal related to:

The long straight driveway, coupled with building footprints, have limited variation with restricted opportunities for landscaping to break up the strong built appearance. The proposed paved areas and hard abuttal with buildings dominate in an uncharacteristic manner.

Proposed Unit 6 (rear-most dwelling) is single storey, however positioned 1 metre from the rear boundary. This interface is not responsive to the properties to the south which are situated in a Neighbourhood Residential Zone.

The attached double storey presentation of proposed Units 1 and 2 will be highly prominent and will have a very strong visual presence given the elevated site location.

Overall, the proposed development provides limited scope for substantial canopy trees to be achieved. The need for some retaining walls to accommodate slope will add to the emphasis on building at the expense of landscaping.

15. VCAT subsequently upheld Council’s decision and directed that no permit be issued.

Regulatory Services Unit

Building permits issued

16. The following graph shows the total number of building approvals issued within the Shire of Nillumbik and the number issued by Council’s Building Team. The third component of the graph shows the number of building approvals Council’s Building Team has issued outside the Shire of Nillumbik.




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17. The following graph illustrates the percentage of building permits issued within the municipality. Permits issued by Council’s Building Team during February were 24 per cent of the overall total.

Animal management

18. The following graph illustrates the number of new dogs and cats registered during February.




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19. The following graph illustrates the number of dogs impounded during February.

Correspondence

20. The following graph illustrates the number of correspondence received by the Regulatory Services Unit for February. This includes building and local law permit applications, submissions and infringement notice appeals.

21. Regulatory Services are the final business area to come online at Council to a revised incoming mail process, training of staff and implementing the different system have caused a drop in response times for actioned correspondence as indicated below.




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Strategic Planning Unit

22. Notice of the approval of Amendment C85 ‘Lot 1 Graysharps Road, Hurstbridge’ appeared in the Government Gazette on 25 February 2016, which effectively finalised the amendment.

Environmental Services Unit

Food and Health premises inspections

23. A total of 49 inspections of registered Food and Health Premises were conducted during February. These included 21 mandatory Food Act inspections, which included 12 Follow Up inspections to re-assess issues identified in previous visits. The remaining were eight Health Act inspections, two business transfers and six new premises.

24. Twenty-six planning referrals were received by the Environmental Health team during February; three are outstanding for comment as they were received with less than ten calendar days to respond in accordance with internal protocols.

25. Domestic Wastewater Management Plan actions continue to be implemented including the scanning of paper records and compilation of the septic tank system database.

Environmental Planning Unit

26. The Home Harvest Feast was held on Sunday 28 February at Edendale. Over 300 people participated in the celebration of local food and home-grown seasonal produce. This project is run in partnership with Banyule City Council, Local Food Connect, Nillumbik and Banyule Community Health organisations, Eltham High School and Bulleen Art & Garden.

27. Melbourne Water received notification from the Minister for Environment, Climate Change and Water that the Diamond Creek Water Supply Protection Area has been abolished and the Streamflow Management Plan has been revoked. This now makes way for the Diamond Creek Local Management Plan to be put into place. The rules within this Plan will commence upon the renewal of individual diversion licences on the 1 July 2016.

28. Through the Nillumbik Conservation Corridors project, North Warrandyte Landcare Group is recording nest boxes via GPS and undertaking monitoring.

29. The Nillumbik Conservation Corridors project are planning for Nillumbik’s orchid reintroduction program, including site selection.

Conclusion

30. It is recommended that Council receives and notes the Environment and Planning Department Activity Report for February 2015.


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OCM.050/16 Assemblies of Councillors

File: 10/30/002



Author: Naomi Ellis, Corporate Planner

Summary

In accordance with section 80A(2) of the Local Government Act 1989 Council is required to report as soon as practicable to an Ordinary meeting of Council a record of any assemblies of Councillors held.

This report lists assemblies of Councillors forms that have been submitted since the matter was last reported to Council on 23 February 2016.

Recommendation

That Council, in accordance with section 80A(2) of the Local Government Act 1989, receives the records of the following assemblies of Councillors:

1 Date of assembly 10 December 2015

Matters considered Agricultural Advisory Committee

Councillors present Cr Ken King

Staff present Pat Vaughan Tim O’Donnell

Conflict of interest None declared

2 Date of assembly 3 February 2016

Matters considered Environment Advisory Committee

Councillors present Cr Anika Van Hulsen Cr Michael Young

Staff present Tim O’Donnell

Donna Stoddart

Stacey Warmuth



Matters considered Audit Committee

Councillors present Cr Ken King

Staff present Conal Creedon

Andrew Port

Vince Lombardi

Melika Sukunda

Craig Commane

Lisa Pittle





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Matters considered Eltham Major Activity Centre Forum

Councillors present Cr Michael Young Cr Bronnie Hattam

Staff present Chad Griffiths Paul Fyffe



Matters considered Recreation Trails Advisory Committee

Councillors present Cr Anika Van Hulsen

Staff present Naomi Paton Nadine Wooldridge



Matters considered Pre-meeting for February Ordinary Council Meeting

Councillors present Cr Bonnie Hattam

Cr Helen Coleman

Cr Michael Young

Cr Anika Van Hulsen

Cr Meralyn Klein

Cr Ken King

Staff present Conal Creedon

Andrew Port

Ransce Salan

Adrian Cully

Naomi Paton

Jon Miller

Joseph Emmanuel

Natalie Campion

John Smyth

Hannah Burns

Pat Vaughan

Stephen Meloury

Lisa Pittle

Tara Frichitthavong

Nichole Johnson

Chad Griffiths

Rachel Deans

Michelle Zemancheff

Joanne Massoud

Vince Lombardi

Nadine Wooldridge



Matters considered Living & Learning Nillumbik Advisory Committee

Councillors present Cr Meralyn Klein

Staff present Maggie Clarke





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Matters considered Edendale Advisory Committee

Councillors present Cr Michael Young Cr Bronnie Hattam

Staff present Rachel Deans

Pat Vaughan

Corrine Mays


9 Date of assembly 1 March 2016

Matters considered Officer briefings of Councillors

2016 Annual Community Survey

Councillor expenses reporting

Yarrambat Township Plan

Environmental Health fees 2016-2017

Yarra Plenty Regional Library

Budget 2016-2017

Councillors present Cr Bronnie Hattam

Cr Anika Van Hulsen

Cr Helen Coleman

Cr Meralyn Klein

Cr Peter Perkins

Cr Michael Young

Staff present Andrew Port

Allison Watt

Adrian Cully

Conal Creedon

Ransce Salan

Vince Lombardi

Robert Malignaggi

Chad Griffiths

Pat Vaughan

Stephen Meloury



Matters considered Memorials Advisory Committee

Councillors present Cr Meralyn Klein

Staff present Matthew Cornford

Patrick Wood

Ben Pollard

Michelle Zemancheff



Matters considered Officer briefings of Councillors

Diamond Creek Community Centre masterplan

Yarra Plenty Regional Library Supplemental Agreement

Election Period Policy




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Cr Anika Van Hulsen

Cr Peter Perkins

Cr Ken King

Cr Meralyn Klein

Staff present Andrew Port

Conal Creedon

Ransce Salan

Adrian Cully

Rachel Deans



Matters considered Officer briefings of Councillors and Open Policy Forum

Living & Learning Nillumbik

Planning investigations

Operating budget 2016-2017

Strategic Resource Plan update 2016

Eltham Leisure Centre Aquatics redevelopment

Special Charge Schemes for Hurstbridge and Eltham

Membership of Eltham Major Activity Centre Forum

Residential Development Taskforce

Open Policy Forum: Kangaroo Ground Memorial Tower Masterplan


Cr Anika Van Hulsen

Cr Meralyn Klein

Cr Ken King

Cr Helen Coleman

Cr Michael Young

Cr Peter Perkins

Staff present Stuart Burdack

Andrew Port

Conal Creedon

Ransce Salan

Adrian Cully

Maggie Clark

Ben Pollard

Jeremy Livingston

Vince Lombardi

Robert Malignaggi

Simon Ilsley

Darko Popovski


Attachments

Nil

Background

1. Amendments to the Local Government Act 1989 (the Act) in October 2010 require records of assemblies of Councillors to be reported to an Ordinary Meeting of Council and recorded in the minutes of that meeting.




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Policy context

2. This report directly supports the achievement of Council Plan 2013-2017 strategy ‘we will meet our legal responsibilities and manage our risks’.

Budget implications

3. This is a routine reporting item, the resources for which are contained in Council’s current operating budget.


4. None required.

Issues/options

5. An assembly of Councillors is defined in section 76AA of the Act. It is a meeting at which matters are considered that are intended or likely to be the subject of a Council decision or the exercise of delegated authority and which is either of the following:

A planned or scheduled meeting that includes at least half the Councillors and at least one Council Officer. These assemblies do not include meetings of Councillors and Council staff that are not planned or scheduled.

A meeting of an advisory committee where at least one Councillor is present. An advisory committee is any committee established by the Council, other than a special committee, that provides advice to the Council or to a special committee or to a member of Council staff who has been delegated a power or duty or function of the Council.

6. A record must be kept of an assembly of Councillors and include the names of all Councillors and Council staff attending, the matters considered, disclosures of conflict of interest and whether a Councillor left the meeting after making a disclosure.

7. In accordance with section 80A(2) of the Act, Council is required to report as soon as practicable to an Ordinary Meeting of Council a record of any assemblies of Councillors held.

8. The recommendation contains the list of assemblies of Councillor forms that have been submitted since the matter was last reported to Council on 23 February 2016.

Conclusion

9. It is recommended that Council receives the records of recent assemblies of Councillors as contained in this report, fulfilling section 80A(2) of the Local Government Act 1989.


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13. Notices of Motion

NOM.002/16

Cr Ken King advised of his intention to move a Notice of Motion. Due to its confidential subject matter, it will be considered as part of the Confidential Reports section (OCM.051/16).

14. Delegates' reports

15. Supplementary and urgent business

16. Confidential reports

The meeting may be closed to members of the public to consider confidential matters.

Motion

That Council closes the meeting to the public pursuant to section 89(2) of the Local Government Act 1989 to consider the following items, which are confidential for the reasons indicated:

Report No. Title Reason for confidentiality

OCM.051/16 Notice of Motion (d) contractual matters

OCM.052/16 Confidential report - Supply and installation of solar photovoltaic system at Civic Centre

(d) contractual matters

OCM.053/16 Confidential attachment to the Risk and Insurance Report

(h) any other matter which the Council or special committee considers would prejudice the Council or any person

OCM.054/16 Landfill rehabilitation monitoring (d) contractual matters

ordinary meeting of council...2009–2013 which has expired, and affirm council’s commitment and...

Documents