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Council Meeting Decision Summary

Fri 28 April, 2017

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Please note: This summary of decisions made by Council at this meeting is a summary only and should not be read as the official minutes of the meeting. The official minutes of the meeting will be available from noon on Friday 28 April 2017 at www.banyule.vic.gov.au/CouncilMeeting. An audio file of the 24 April 2017 Council Meeting is also currently available on this web page. More information about each item (the full Council Reports) is available within the 24 April 2017 Meeting Agenda.

The date of the next Council Meeting is Monday 15 May 2017, with the agenda available from noon on Wednesday 10 May 2017.

ORDINARY MEETING OF COUNCIL

2.1       Petition against installation of bicycle lanes on Cameron Parade, Bundoora

Council has received a petition with 78 signatures against the installation of bicycle lanes on Cameron Parade between Bent Street and Judith Street. The petitioners believe the bicycle lanes will: create safety issues for cyclists, residents entering and exiting their driveways and pedestrians; will increase congestion.

Resolution:

That Council:

  1. Receives and notes the petition;
  2. Advise the primary petitioner of the Council resolution; and
  3. Consider issues raised in the petitions as part of the separate report on the review of proposed installation of bicycle lanes in Cameron Parade, Bundoora presented in this Agenda.

5.7       Review of proposed installation of bicycle lanes in Cameron Parade, Bundoora

The proposed bicycle lanes will provide a safe environment as there will be separate spaces allocated for pedestrians, cyclists and vehicles. The parking provided on-street will be sufficient to accommodate the existing and future parking needs. Given the above and in line with the Banyule Bicycle Strategy and Integrated Transport Plan, it is considered appropriate to proceed with the installation of bicycle infrastructure on Cameron Parade.

Resolution:

That Council:

  1. Not proceed with the installation of bicycle lanes on Cameron Parade, Bundoora, in accordance with Attachment 1.
  2. Council officers provide a briefing on options and alternatives to achieve the objectives of the Banyule Bicycle Strategy and Integrated Transport Plan.
  3. Reallocate the funds for this project to another bike path initiative on Council's infrastructure plans as determined by the CEO.
  4. Inform all residents on the entire length of Cameron Parade, Bundoora, of this resolution. 

5.1       21 Yarra Street, Heidelberg – mixed use development (P334/2016)

The application for mixed use development at 21 Yarra Street, Heidelberg was included on the agenda at the 3 April 2017 Council meeting, however it was resolved to defer the matter until a later meeting to allow interested Councillors to meet to further discuss the proposal. In response to the concerns, informal plans have been provided that reduce the overall height of the building by two levels or to a maximum height of 37.1m at the lowest point of the site and 32.7m at its interface with Yarra Street. While this is still 7.7m to 12m above the suggested height of the Design and Development Overlay, the height is considered to represent an acceptable outcome with consideration to the decision guidelines of the Design and Development Overlay.

Resolution:

That Council having complied with Section 52, 58, 60, 61 and 62 of the Planning and Environment Act 1987, resolves that a Notice of Decision to Grant a Planning Permit be issued in respect of Application No. P334/2016 for Buildings and works within the Commercial 1 Zone and on land affected by the Design and Development overlay for the construction of a mixed use development (including 70 dwellings, office and food and drink premises), use of the land for dwellings and an associated reduction in car parking and loading bay requirements at 21 Yarra Street, Heidelberg subject to a number of grounds. For more information on the grounds, please see downloadable decision summary under Related Information.

5.2       14 Joyce Avenue, Greensborough – multi-dwelling development in a three story apartment comprising eight dwellings – P196/2015

The proposal is for a multi-dwelling development - construction of eight dwellings (3 storey plus basement apartment building) and vegetation removal. 13 objections were received to the re-advertised amended proposal, generally reiterating objections to the original proposal. The original proposal was amended, including reduced height and increased set-backs, to achieve improved design outcomes within the streetscape character. The modified proposal is considered to represent an appropriate outcome with respect to State and Local planning policies (including the Residential Neighbourhood Character Policy), and with ResCode. Whilst three storey in nature, the proposal is supported within a General Residential zone context, particularly given the site is well located within an accessible area, adjacent to the Greensborough Activity Centre area with good access to services, transport and shopping facilities.

Resolution:

That Council having complied with Section 52, 58, 60, 61 and 62 of the Planning and Environment Act 1987, issue a Notice of Decision to Grant a Planning Permit in respect of Application No. P195/15 for the construction of a multi dwelling apartment development – construction of eight dwellings and vegetation removal at 14 Joyce Avenue, Greensborough subject to a number of conditions: For more information on the conditions, please see downloadable decision summary under Related Information

5.3       1 Orr Lane, Montmorency – construction of a dwelling (P1027/2016)

The application is for the development of a double storey dwelling on a lot less than 500sqm, and fences and retaining walls within 10m of the sideage to a street. The key issues are in relation to the design and siting of the dwelling including its response to neighbourhood character, its offsite amenity impacts, landscaping opportunities, and traffic/parking requirements. Overall, the development has demonstrated an appropriate level of compliance with State and Local planning policies, the objectives of the Neighbourhood Residential Zone (NRZ3), Design and Development Overlay (DDO8) and Special Building Overly (SBO2), as well as Council’s Neighbourhood Character Strategy and Clause 54 of the Banyule Planning Scheme.

Resolution:

That Council having complied with Section 52, 58, 60, 61 and 62 of the Planning and Environment Act 1987, issue a Notice of Decision to Issue a Planning Permit in respect of Application No. P1027/2016 for construction of a dwelling on a lot less than 500sqm, building and works within the dripline of protected vegetation and retaining walls within 10 metres of the front boundary to a street at 1 Orr Lane, Montmorency subject to a number of conditions. For more information on the conditions, please see downloadable decision summary under Related Information

5.4       Public Open Space Contribution Levy – adoption of Amendment C111

Planning Scheme Amendment C111 will introduce a fixed open space levy rate of 5% for subdivisions into the Banyule Planning Scheme at Clause 52.01. The Amendment will also add the Banyule Public Open Space Plan as a Reference Document. Following public exhibition, discussions with the submitter revealed an opportunity to improve the proposals clarity for specified and limited instances when a contribution would not be required. Council is now positioned to consider the revised Amendment C111.  Should Council adopt the revised proposal, the next step will be to pursue the Minister for Planning’s approval for C111 to be gazetted and included in the Banyule Planning Scheme.

Resolution:

That:

  1. Council adopts the updated Planning Scheme Amendment C111 proposal.  This refinement improves clarity when a contribution is not payable for subdivisions that:
    • Create no more than one additional lot. This includes instances where the number of lots is reduced or where existing lots are reconfigured.
    • Are not associated with a planning permit. 
  2. The Minister for Planning be requested to approve the adopted C111 being inserted into the Banyule Planning Scheme.
  3. The submitter be informed of Council’s decision. 

5.5       Notice of intention to declare a special rate and charge scheme – Greensborough Town Centre

Greensborough Town Centre is one of 11 retail precincts in the City of Banyule that benefits from a special rate or charge program, which enables traditional shopping strips and the trader associations and businesses located within them to strategically plan, market and manage as a collective group. Greensborough Town Centre has had operational schemes since the late 1990’s. The current five year program for the Greensborough Town Centre is set to expire on 30 June 2017. Accordingly, Council has received formal correspondence from the Greensborough Chamber of Commerce requesting that Council declare, by way of renewal, a new Special Rate and Charge Scheme for a period of five years, raising $180,000 annually. The Greensborough Chamber of Commerce further requests Council’s continued support by way of a Council contribution amount of $105,000 per annum to supplement the amount raised by the proposed Scheme. Directly and indirectly, it is considered that the viability of the Greensborough Town Centre as a commercial and retail precinct will be further enhanced through increased economic activity facilitated by a renewed Special Rate and Charge Scheme.

Resolution:

That:

  1. Council notes the letter received from the Greensborough Chamber of Commerce Incorporated (Chamber of Commerce) requesting the reintroduction of a Special Rate and Charge for the Greensborough Town Centre  (Town Centre) and the initial letter sent by Council to the owners and occupiers of the properties included in the Town Centre proposing the reintroduction of a Special Rate and Charge (being Attachments 1 and 4 respectively) and, having otherwise considered all relevant matters, commences the statutory process under the Local Government Act 1989 (Act) to reintroduce a Special Rate and Charge to and for the properties within the defined Town Centre, this Special Rate and Charge to raise an amount of $180,000 per annum for a period of five years, commencing on 1 July 2017 and ending on 30 June 2022.
  2. Public notice be given in “The Weekly Review” newspaper of the intention of Council to declare a Special Rate and Charge at its ordinary meeting to be held on 7 August 2017 in accordance with the Proposed Declaration of Special Rate and Charge (being Attachment 2).
  3. Separate letters enclosing a copy of the public notice  be sent to the owners and the occupiers referred to and set out in the listing of rateable properties in Schedule 2 to the Proposed Declaration of Special Rate and Charge advising:
    • of the intention of Council to declare the Special Rate and Charge at its ordinary meeting to be held on 7 August 2017;
    • the amount for which the property owner or the occupier (being a person who as a condition of a lease under which the person who occupies the property is required to pay the Special Rate and Charge) will be liable; and
    • the basis of the calculation and distribution of the Special Rate and Charge and notifying such persons that submissions and/or objections in writing in relation to the Proposed Declaration of Special Charge will be considered and/or taken into account by Council in accordance with the Act.
  4. Council advises the Chamber of Commerce of the matters specified in paragraphs 1, 2 and 3 of this resolution.
  5. Council notes the funding implications of the Special Rate and Charge and further, that these will be considered as a part of Council’s 2017 to 2022 budgeting process.
  6. Council authorises the appropriate members of Council’s staff:
    • to carry out any and all other administrative procedures necessary to enable Council to carry out its functions under the Act; and
    • to prepare a funding agreement between Council and the Chamber of Commerce to formalise the administrative operations of the Special Rate and Charge.
  7. The agreement specified in paragraph 6(b) of this resolution be subsequently submitted to Council for approval and sealing before the proceeds of the Special Rate and Charge, or any part of them, are paid to the Chamber of Commerce for the purposes for which the Special Rate and Charge has been made.

 5.6       Macleod Village Shopping Centre – Notice of Intention to Declare a Special Charge

Macleod Village Shopping Centre is one of 11 retail precincts located in the City of Banyule that benefits from a special rate or charge program, which enables traditional shopping strips and the trader associations and businesses located within them to strategically plan, market and manage as a collective group. Macleod Village Shopping Centre has had operational schemes since 2002. The current five year program for the Macleod Village Shopping Centre is set to expire on 30 June 2017. Accordingly, Council has received formal correspondence from the Macleod Village Traders Association requesting that Council declare, by way of renewal, a new Special Charge Scheme for a period of five years, raising $19,170 annually. The Macleod Village Traders Association further requests Council’s continued support by way of a Council contribution amount of $18,400 per annum to supplement the amount raised by the proposed Scheme. Directly and indirectly, it is considered that the viability of the Macleod Village Shopping Centre as a commercial and retail precinct will be further enhanced through increased economic activity facilitated by a renewed Special Charge  Scheme

Resolution:

That:

  1. Council notes the letter received from the Macleod Village Traders Association Incorporated (Traders’ Association) requesting the reintroduction of a Special Charge  for the Macleod Village   (Shopping Precinct) and the initial letter sent by Council to the owners and occupiers of the properties included in the Macleod Village  proposing the reintroduction of a Special Charge  (being Attachments 1 and 4 respectively) and, having otherwise considered all relevant matters, commences the statutory process under the Local Government Act 1989 (Act) to reintroduce a Special Charge  to and for the properties within the defined Macleod Village , this Special Charge  to raise an amount of $18,400 per annum for a period of five years, commencing on 1 July 2017 and ending on 30 June 2022.
  2. Public notice be given in “The Weekly Review” newspaper of the intention of Council to declare a Special Charge at its ordinary meeting to be held on 7 August 2017 in accordance with the Proposed Declaration of Special Charge (being Attachment 2).Separate letters enclosing a copy of the public notice be sent to the owners and the occupiers referred to and set out in the listing of rateable properties in Schedule 2 to the Proposed Declaration of Special Charge  advising:
    • of the intention of Council to declare the Special Charge  at its ordinary meeting to be held on 7 August 2017;
    • the amount for which the property owner or the occupier (being a person who as a condition of a lease under which the person who occupies the property is required to pay the Special Charge) will be liable; and
    • the basis of the calculation and distribution of the Special Charge  and notifying such persons that submissions and/or objections in writing in relation to the Proposed Declaration of Special Charge will be considered and/or taken into account by Council in accordance with the Act.
  3. Council advises the Traders’ Association of the matters specified in paragraphs 1, 2 and 3 of this resolution.
  4. Council notes the funding implications of the Special Charge and further, that these will be considered as a part of Council’s 2017 to 2022 budgeting process.
  5. Council authorises the appropriate members of Council’s staff:
    • to carry out any and all other administrative procedures necessary to enable Council to carry out its functions under the Act; and
    • to prepare a funding agreement between Council and the Traders’ Association to formalise the administrative operations of the Special Charge.
  6. The agreement specified in paragraph 6(b) of this resolution be subsequently submitted to Council for approval and sealing before the proceeds of the Special Charge , or any part of them, are paid to the Traders’ Association for the purposes for which the Special Charge  has been made.

5.8       State Government Review of the Reformed Residential Zones

The State Government has completed a review of the reformed residential zones. Council made submissions to this review through the Managing Residential Development Advisory Committee process in 2015 and 2016, while continuing its own monitoring and review program of the Neighbourhood Residential Zone. Fact sheets about the changes to the zones were released by the State in early March 2017. Details of the changes were not known until the reviewed zones were introduced to all local planning schemes through amendment VC110 on 27 March 2017. There is concern about the changes that have been made to the Neighbourhood Residential Zone, and anomalies that have resulted from changes to the General Residential Zone. It is considered that Council should now advocate for changes to be made to address these concerns.

Resolution:

That Council:

  1. Write to the Minister for Planning and Local State Members of Parliament:
    • seeking their views and raising concern with regard to the changes made to the Residential Zones and lack of consultation in relation to the changes; and
    • seeking their support to advocate on behalf of Council.
  2. Request that immediate changes are made to the Neighbourhood Residential Zone in Banyule to reinstate the two dwelling maximum and appropriately reflect the sensitivity of these locations in the schedule to the zone.
  3. Continue to monitor the effectiveness of the Neighbourhood Residential Zone in Banyule to guide possible future refinements.
  4. Request that the State Government immediately resolve conflicts between the new General Residential Zone where there are anomalies with existing overlays.
  5. Write to the Minister for Planning and the Victorian Building Authority seeking advice as to how the height and garden space requirements are to be implemented by Municipal Building Surveyors when a planning permit is not required.
  6. Write to the MAV, VLGA and neighbouring Councils advising of Banyule Council’s concerns and seeking support to advocate to the State Government to make further changes.
  7. Be provided with a progress update once discussions with the State Government have progressed.

7.1       Preparation of Council Plan 2017-2021

The Proposed Council Plan 2017-2021 outlines the strategic direction and priorities for Banyule City Council under the objectives of People, Planet, Place, Participation and Performance.  It sets the policy platform for Council and helps guide the services Council provides to the community. The proposed plan represents Council’s new four year Council Plan 2017-2021, prepared following the Council election in October 2016.  It is based on comprehensive consultation with the community, Councillors and staff and is framed through a legislative context. Feedback has helped Council to plan specific key initiatives and priorities for the Council Plan, which encompasses the 2017/18 financial year. Subject to Council approval, the attached Proposed Council Plan 2017-2021 will be made available for the public exhibition period of 26 April to 25 May 2017.

Resolution:

That

  1. The Proposed Council Plan 2017-2021 (attached) prepared by Council for the purposes of Sections 125 and 126 of the Local Government Act 1989 be endorsed.
  2. Public Notice of the preparation of the attached Proposed Council Plan 2017-2021 be given on Council’s website to appear Wednesday, 26 April 2017, in The Age newspaper to appear Thursday, 27 April 2017, and in local newspapers.
  3. Copies of the proposed plan be made available at Council’s Customer Service Centres, online on Council’s website, and be promoted via local libraries and neighbourhood houses.
  4. Council receive submissions with regard to the Proposed Council Plan 2017-2021 until the close of business on Thursday, 25 May 2017.
  5. In accordance with section 223 of the Local Government Act 1989, submissions will be heard and considered at the Council Meeting on Monday, 5 June 2017.
  6. Council consider the adoption of the Proposed Council Plan 2017-2021 in accordance with Sections 125 of the Local Government Act 1989; at the Council Meeting on Monday, 26 June 2017.

7.2       Preparation of Budget for period 1 July 2017 to 30 June 2018

Council’s proposed Budget 2017/2018 matches the strategic intent and direction of Banyule City Council over the life of the Proposed Council Plan and responds to the need to resource community priorities for Banyule.  The Budget will ensure Council’s finances remain sustainable and that appropriate resources are allocated to meet the services and capital requirements of the City.

Resolution:

  1. That the Proposed Budget 2017/2018, attached to this report, be the proposed Budget prepared by Council for the purposes of Section 127 of the Local Government Act 1989.
  2. That Council:
    • Gives public notice for the preparation of such budget in accordance with Section 129 of the Local Government Act 1989;
    • Makes available for public inspection the information required to be made available in accordance with the Local Government Act 1989 and Local Government (Planning and Reporting) Regulations 2015; and
    • In accordance with Section 223 of the Act, calls for and receives submissions to the Proposed Budget 2017/2018 from the public, in writing, until Thursday 25 May at 5:00pm.
  3. That Council consider any submissions in regards to the Proposed Budget 2017/2018 in accordance with Sections 127,129 or 223 of the Local Government Act 1989; and Local Government (Planning and Reporting) Regulations 2015, at a Council Meeting to be held on Monday, 5 June 2017.
  4. That Council consider the adoption of the Proposed Budget 2017/2018 (including the declaration of differential rates and charges, required interest to be paid on rates & charges not paid by the due date and the Schedule of Fees and Charges) in accordance with Sections 127 or 129 of the Local Government Act 1989; and Local Government (Planning and Reporting) Regulations 2015, at a Council Meeting to be held on Monday, 26 June 2017.

7.3       Councillors and Mayoral Allowances – setting of allowances for 4-year term

Within 6 months of a general election or by the next 30 June, whichever is later, Council must determine the level of Councillor and Mayoral allowances as per section 74 (1) of the Local Government Act 1989 (the Act). This report provides a background of the statutory process taken to date to determine the level of allowances, and outlines and considers the formal submissions received from the public which were presented to Council at its meeting on 3 April 2017. The State Government’s 2008 ‘Local Government (Councillor Remuneration Review) Panel Report’ states: “Councillor allowances are considered by the Victorian Government to be a payment made to recognise the contributions of those elected to voluntary, part time roles in local government. These payments are not regarded as salary”. While there has been some negative feedback about Councillors receiving what has inaccurately been described as a “pay rise”, only two submissions were received on the matter. Both submissions did not support Council’s proposal to set the allowances at the top of the allowable range for Banyule (category 3), being:

  • Mayor:       up to $94,641 per annum
  • Councillors:  between $12,367 and $29,630 per annum

The duties of a Councillor demand time, energy and commitment, and many Councillors reduce their time in paid employment to meet the demands of the role. The financial and personal sacrifices that a person makes in becoming a Councillor can act as a strong disincentive and barrier to candidacy. While an allowance helps to compensate Councillors in part, it does not go anywhere near reflecting the actual value of the time and commitment elected representatives contribute at the local government level. It is therefore being recommended that Council approve the setting of the Mayoral and Councillor allowances for the 2016-2020 Council term at the maximum of the allowable range.

Resolution:

That:

  1. Council, having considered all submissions received and having complied with the requirements of sections 74 and 223 of the Local Government Act 1989, set the Councillor and Mayoral allowances for the 2016-2020 Council term at the top of the Category 3 range, currently being: $29,630 per annum for Councillors and $94,641per annum for the Mayor.
  2. The submitters be thanked for their contribution and advised that Council has considered their submissions relating to the Councillor and Mayoral Allowances, and that they be notified of Council’s decision and the reasons for the decision. These reasons include:
    • Council does not have scope within which to adjust the allowances other than as set by legislation.
    • Setting the level at the top of the range is consistent with Council’s decision in previous terms.
    • It recognises the increased legal responsibility and complexity of the role of Councillor, and the increased time demand required to engage with and represent the community.
    • An appropriate allowance acts to counter the disincentives of candidacy among those groups that tend to be underrepresented.
    • As there is no ability to set differing allowances between Councillors, to choose other than the maximum allowable in the range creates a disadvantage between those Councillors that can afford a lower allowance and those that cannot.
  3. The Banyule Councillor Expenses and Resource Policy be amended to reflect the change from Banyule being a Category 2 Council to Category 3 for the purposes of Councillor and Mayoral annual allowance limits.

7.4       Committees Report

Advisory Committees are made up of Councillors and community members.  They have terms of references and meet to discuss issues and advise Council. Advisory committees provide important linkages between Council, Community and State agencies and interest groups.  Following an Advisory Committee meeting, a report will be submitted to Council to note the minutes.   Recommendations to Council from Advisory committees will generally be made to the next Council Meeting.

Resolution:

That Council:

  1. Note the following minutes/reports:
    • Disability and Inclusion Advisory Committee Meeting on 15 February 2017
    • Aboriginal and Torres Strait Islander Advisory Committee Meeting on 16 February 2017
    • Multicultural Advisory Committee Meeting on 20 February 2017
    • Child and Youth Family Committee Meeting on  22 February 2017
    • LGBTI Advisory Committee Meeting on 23 February 2017
    • Age Friendly City Advisory Committee Meeting on 27 February 2017
    • Arts and Cultural Advisory Committee Meeting on 2 March 2017
    • Banyule Environmental Advisory Committee (BEAC) 8 March 2017
    • Aboriginal and Torres Strait Islander Advisory Committee Meeting on 16 March 2017
    • Multicultural Advisory Committee Meeting on 20 March 2017
    • Child Youth and Family Committee on 22 March 2017
    • LGBTI Advisory Committee Meeting on 23 March 2017
    • Arts and Cultural Advisory Committee Meeting on 4 April 2017
  2. Endorse the following recommendations from the LGBTI Advisory Committee:
    • That Council, acknowledging that proposed changes to section 18C of the Racial Discrimination Act were defeated in the Senate on 30 March 2017, write to the Federal Attorney General to express support for the current wording of section 18C.
    • That Council fly the flag that represents the Transgender community on International Day of Visibility next year on 31 March 2018.
  3. Endorse the following recommendations from The Arts and Cultural Advisory Committee:
    • That Council increase the Works on Paper Award total prize money to $12,000 – Made up of $10,000 acquisitive prize $1,000 highly commended prize, $1000 people’s choice prize. The entry fee is to be maintained at $30. If there is a shortfall in funding raised through entries it will be accommodated from the Arts & Culture budget as an investment in the future of the prize. Additional sources of funding are being sought to support the Works on Paper Award prize.
    • That Council investigate the transfer of the Heidelberg School Artist Trail signage and information into online digital and augmented reality platform, with future capacity to encompass Indigenous history. This would aim to replace the existing location markers with easily maintainable alternatives.

8.1       Sealing of documents

Resolution:

  1. That the Common Seal of the Banyule City Council be affixed to the following documents:
    • Lease between Banyule City Council and Greensborough Historical Society Inc for the premises, being the former Maternal Child and Health Centre, known as 34 Glenauburn Road, Lower Plenty, for a period of five (5) years commencing 1 May 2015 and ending 30 April 2020.
    • The Deed of Renewal and Variation of Lease between Banyule City Council and Visy Paper Pty Ltd for the renewal of the lease for the Materials Recovery Facility located on part of the Council owned land known as 325 Waterdale Road, Ivanhoe, for the term of three years commencing on 1 July 2017 and ending 30 June 2020.
    • Deed of Variation of Lease between Banyule City Council and TRY Australia Children’s Services to remove the management of Fairy Hills Kindergarten from the original Lease dated 10 March 2017 from the Variation Date being 30 January 2017.
    • The Contract for Playground Replacement Program panel (contract number 0880-2016) for a period of three years between Banyule Council and: A Space Recreation Trust Pty Ltd; Adventure Playgrounds Pty Ltd; Omnitech Playgrounds; and SafePlay Systems Pty Ltd.

 

Council Meeting ended at 10.07pm.

Next Council Meeting is on Monday 15 May 2017.