OC 25022019 AGN - banyule.vic.gov.au...provide more practical tips, i.e. ‘How to read and reduce your energy bills’, and Gardening for Biodiversity at La Trobe Wildlife Sanctuary.’

Agenda

Monday, 25 February 2019 7.00pm

Ordinary Meeting of Council

Olympia, Ibbott & Hawdon Rooms

Level 4, 1 Flintoff Street, Greensborough

- Council Meeting commencing at 7.00pm

- Public Question Time commencing at the conclusion of the Council Meeting

Ordinary Meeting of Council - 25 February 2019 Page 2

Acknowledgement of the Traditional Owner, the Wurundjeri willam people "Our Meeting is being held on the Traditional Land of the Wurundjeri willam people, and on behalf of Banyule City Council, I wish to acknowledge them as the Traditional Owners. I would also like to pay my respects to the Wurundjeri Elders, past and present, and to the Elders of other Aboriginal peoples who may be here today.”

Apologies and Leave of Absence

Confirmation of Minutes Ordinary Meeting of Council held 4 February 2019

Disclosure of Interests

1. Urgent Business

REPORTS:

2. Petitions

2.1 Postcode 3081 Urban Design Framework (UDF) - Planning Scheme Amendment C120 ........................................................... 5

2.2 2 Amaroo Way Yallambie Planning Application P1083/2018 ......... 6

3. People – Community Strengthening and Support

Nil

4. Planet – Environmental Sustainability

4.1 Sustainable Homes and Communities Program - Review ............. 7 4.2 Power Purchase Agreement (PPA) - Renewable Energy ............ 11 4.3 Andrew Yandell Habitat Reserve Path Proposal ......................... 15

5. Place – Sustainable Amenity and Built Environment

5.1 North East Link Update ............................................................... 23 5.2 Heritage Overlay for 22 Arden Crescent Rosanna - Amendment

C151 and C152 ........................................................................... 32 5.3 325 Grimshaw Street, WATSONIA - Use of Loyola College

hospitality centre as a function centre (P292/2018) ..................... 37 5.4 Bellfield Urban Design Guidelines and Community Consultation

Report ......................................................................................... 49 5.5 Karingal Drive Tennis Club - Court Lighting - Emergency Works 69 5.6 Development Planning Activities Report (July - December 2018) 74

6. Participation – Community Involvement in Community Life

Nil

7. Performance - Use Our Resources Wisely

7.1 Quarterly Financial Management Report For Period Ending 31 December 2018 .......................................................................... 85

7.2 Award of Contract No: NR-0969-2018 for Provision of Security Services - Northern Region Collaboration ................................. 100

7.3 Assembly of Councillors ............................................................ 107

8. Sealing of Documents

8.1 Rear 162 Main Street, Lower Plenty ......................................... 113


9. Notices of Motion

Nil

10. General Business

Public Question Time

Closure of Meeting

Audio Recording of Council MeetingsPlease note that all Council Meetings are audio recorded, with the exception of

matters identified as confidential items on the Agenda. This includes public participation during the meeting. These recordings will be made available on

Council’s website www.banyule.vic.gov.au.

The next Ordinary Meeting of Council will be held on Monday, 18 March 2019.

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

Petitions


2.1 POSTCODE 3081 URBAN DESIGN FRAMEWORK (UDF) - PLANNING SCHEME AMENDMENT C120

Author: Emily Outlaw – Acting Governance Team Leader, Corporate Services

Ward: Olympia

EXECUTIVE SUMMARY

A petition with 239 signatures has been received.

The petition prayer is as follows:

“We, the undersigned, petition or request Council not change the planning zone of 3081 from the General Residential Zone (GRZ – Mandatory 11m, Max 3 storeys – “slow” zone) to a Residential Growth Zone (RGZ – discretionary 13.5m height limit – “go” zone) as part of the UDF 3081, amendment C120 plan.”

RECOMMENDATION

That Council

1. Receive and note the petition.

2. Refer the petition to the relevant officers for investigation and;

3. Advise the primary petitioner of this resolution.

ATTACHMENTS

Nil

Petitions


2.2 2 AMAROO WAY YALLAMBIE PLANNING APPLICATION P1083/2018

Author: Emily Outlaw – Acting Governance Team Leader, Corporate Services

Ward: Bakewell

EXECUTIVE SUMMARY

A petition with 13 signatures has been received.

The petition prayer is as follows:

“We, the undersigned residents of Elonera Ave, Binalong Crt & Amaroo Way Yallambie petition the Council and ask that the planned Sub-division of 2 Amaroo Way, Yallambie is declined due to the nature of the build, proposed car parking issues, change of character of the street scape and surrounding area and direct impact and visual look of proposed dwellings. We request decline of the proposed planning permit and revision to a single dwelling in its place.”

RECOMMENDATION

That Council

1. Receives and notes the petition.

2. Consider the petition as part of the planning permit assessment and;

3. Advise the primary petitioner of this resolution.

ATTACHMENTS

Nil

Planet – Environmental Sustainability


4.1 SUSTAINABLE HOMES AND COMMUNITIES PROGRAM - REVIEW

Author: Sian Gleeson - Acting Coordinator Environmental Sustainability, City Development

EXECUTIVE SUMMARY

The Sustainable Homes and Community Program (SHCP) was established in 2007 as a joint partnership program between Banyule and Darebin Councils, with the objective of facilitating sustainability practices across the community.

The Leaders Program has run as a valuable component of SHCP for the last five years, with the 10 week program providing participants with training in how to establish and implement an environmental focused program.

Despite positive outcomes, the program has struggled to obtain strong project examples and to recruit minimum numbers in recent years.

In light of this and the renewed focus on supporting the community in undertaking climate action, there is an opportunity for the $57k annual funding to be used to fund a Community Energy Officer (up to 0.6EFT). This role could replace the Positive Charge service (in turn allowing further financial savings) and provide valuable online and telephone advice to residents in relation to renewable energy and energy efficiency options.

RECOMMENDATION

That Council support the reallocation of funds from the Sustainable Homes and Community Program and Positive Charge Program to fund a 0.6EFT Community Energy Officer (up to 0.6EFT).

COUNCIL PLAN

This report is in line with Banyule’s Council Plan key direction to “Be environmental stewards”.

BACKGROUND

The Sustainable Homes and Communities Program has been running since 2007 as a partnership between Darebin and Banyule City Councils. Each council contributes $57,000 annually, providing a shared resource to deliver the program.

The Program entails; 1. Sustainable Living Workshops 2. The Community Leaders in Sustainability Course (Leaders course), and 3. A Sustainability Awards.

1. Sustainable Living Workshops The Sustainable Living Workshops are a series of events aimed at educating residents in both Banyule and Darebin on how to live more sustainably. Past topics


SUSTAINABLE HOMES AND COMMUNITIES PROGRAM - REVIEW cont’d


have included ‘Reducing Waste in the Kitchen’ and ‘Ethical Divestment 101’. Workshops which have been particularly well attended have typically been those that provide more practical tips, i.e. ‘How to read and reduce your energy bills’, and Gardening for Biodiversity at La Trobe Wildlife Sanctuary.’

2. Leaders Course The Leaders course is a 10-12 week program which aims to develop leadership capacity of residents to implement local environmental projects within the community. Key components of the program include:

Project management, Working with groups, Applying for grants, and Project marketing.

Mentoring is an important component of the program, with all participants linked with relevant Council staff in order to guide project implementation.

3. Sustainability Awards Reward and recognition is a key element of behaviour change and facilitating long term outcomes. In light of this, a Sustainability Awards was established under the program. Held every two years, the night brings together environmental volunteers across both Councils in a night of festivity and celebration. Residents were nominated and received awards across the following categories:

House and garden Community group Education Business Community Project, and Local Hero.

LEGAL CONSIDERATION

There are no direct legal implications arising from the recommendation contained in this report.

HUMAN RIGHTS CHARTER

It is considered that the subject matter does not raise any human rights issues.

DISCUSSION

The Leaders Course has been responsible for facilitating some positive projects in the community. In 2016/17, some of the initiatives to emerge from the Leaders Course included:

Friends of Aminya Reserve Establishment of a friends group to improve Aminya Reserve in Watsonia and contribute to ongoing maintenance and management of the site.

Nurturing Nature: A series of family-friendly events and guided walks for culturally and linguistically diverse groups, to encourage connection with nature.

BuzzandDig Workshops to increase residents’ knowledge of native bees and learn hands-on approaches to providing bee habitats using recycled materials. See the Buzz and Dig Facebook page for details.




Small waste: A resource kit for childcare centres in the Moreland, Banyule and Darebin area looking for guidance in waste reduction.

The Course has also allowed improved grant applications to be received through Banyule’s annual Environmental Sustainability Grant program. The Leaders projects below, for example, received funding through the supporting grant program. The Seafood Revolution – a food labelling project aimed at educating the

community on sustainable fishing and ethical purchasing. Waste Less for Life – a series of creative waste minimisation workshops.

In recent years, the project outcomes being delivered by participants have varied significantly in quality. It has also become increasingly difficult to attract participants who have the passion and motivation to deliver programs to the standard expected.

The below table shows Banyule applications to the Leaders Course over its six years of operation, with a notably decline in the current applicants (due to commence on 7th

February 2019).

Year Applicants 2013/14 27 2014/15 9 2015/16 10 2016/17 16 2017/18 14 2018/19 4

Alternatives Given the small number of enrolments and limited impact of project outcomes stemming from the Program, there is an opportunity to reallocate the $57k to provide greater community support through the introduction of an in-house Community Energy Officer (up to 0.6 EFT).

This role will be responsible for: Providing energy related advice to residents on topics such as energy efficiency

in the home and solar PV. Investigating bulk buys and other incentive-based models to increase the uptake

of renewable energy. Providing assistance to residents on reputable suppliers (i.e. checklist on what to

ask a provider when getting quotes). Identifying and sharing relevant financial assistance programs (local, state and

Federal) available to residents.

This work will replace and build upon the current service provided by Positive Charge and could be administered on a trial, 12 months basis. The sustainability workshops will continue on an annual basis and be delivered through the Stewardship Officer, as well as through community groups (funded by a workshop stream in the Environmental Grants Program).

FUNDING IMPLICATIONS

Banyule currently allocates the following funding each year: $57k for Sustainable Homes and Communities (capital initiatives budget), $20k for Positive Charge services (operating budget).




Together, these funds would cover the annual cost of a 0.6EFT.

TIMELINES

It is proposed that these changes occur as part of the 2019/20 budget.

OFFICER DECLARATION OF CONFLICT OF INTEREST

Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates.

Council officers involved in the preparation of this report have no conflict of interest in this matter.

CONCLUSION

The Sustainable Homes and Communities Program has delivered valuable training and education to residents across Darebin and Banyule over the last twelve (12) years. With Banyule’s renewed focus on supporting stronger action on climate change, the funding could be reallocated to fund a Community Energy Officer. This role would also replace the Positive Charge service and provide fit-for-purpose advice to residents on topics such as energy efficiency in the home and solar PV.

ATTACHMENTS

Nil



4.2 POWER PURCHASE AGREEMENT (PPA) - RENEWABLE ENERGY

Author: Robert Powell - Energy Efficiency Officer, City Development

EXECUTIVE SUMMARY

Banyule City Council has historically purchased a small percentage of Green Power from renewable sources to help reduce its annual greenhouse gas (GHG) emissions and align with its strategic commitment to achieve carbon neutrality by 2028.

Power Purchasing Agreements (PPA) are one way that Banyule is able to continue to manage its GHG emissions in the short to medium term.

PPAs support the renewable energy sector and importantly provide price guarantee for buyers by securing a fixed price for electricity over an extended period.

Three proposals were received for renewable energy PPAs.

A nominal amount of renewable energy should be purchased from Procurement Australia (PA) at this stage - equivalent to the amount of Green Power currently being sourced.

RECOMMENDATION

That Council endorse the Procurement Australia Power Purchasing Agreement (PPA) for the purchase of Renewable Energy for the contract period 2021-2030.

COUNCIL PLAN

This report is in line with Banyule’s Council Plan key direction to “Lead in planning for, and responding to climate change”.

BACKGROUND

Banyule City Council has historically purchased a small percentage of Green Power from renewable sources to help reduce its annual greenhouse gas (GHG) emissions and align with its strategic commitment to achieve carbon neutrality.

Whilst the recent Climate Action Package declared at Council’s 10 December 2018 meeting will significantly reduce Banyule’s overall emissions, additional work will be needed to achieve its emissions reduction target.

Power Purchasing Agreements (PPA) are one way that Banyule is able to continue to manage its GHG emissions in the short to medium term.

A PPA is an agreement between an independent power generator and a buyer for the sale of energy. They are commonly used to secure large amounts of renewable energy, such as solar or wind.


POWER PURCHASE AGREEMENT (PPA) - RENEWABLE ENERGY cont’d


PPAs support the renewable energy sector and importantly provide price guarantee for buyers by securing a fixed price for electricity over an extended period.

LEGAL CONSIDERATION



In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Victorian Charter of Human Rights and Responsibilities.


CURRENT SITUATION

Council budgets an annual amount for Green Power to offset some of the GHG emissions from street lights. This is approximately equivalent to 10% of Council’s street light electricity use and this budget allocation has been in place for some years.

Banyule has implemented a number of initiatives to reduce its GHG emissions since the development of its Greenhouse Action Plan (2002) and Energy Plan (2013-2017). These include the installation of:

731kW of solar PV with another estimated 300kW to be installed by the end of the 2018/19 FY;

Solar hot water units on a range of Council buildings;

Insulation;

Pump and boiler upgrades;

A cogen unit at Watermarc to generate electricity and heat;

LED lights in buildings and street lights.

At its 10 December 2018 meeting, Council reconfirmed its commitment to acting on Climate Change. Council established a target to achieve carbon neutrality by 2028 and endorsed a Climate Change Action Package to position Council to achieve that target which included the following budget allocations:

Continue to deliver current carbon abatement initiatives and broad range of community environmental programs that are consistent with the Council Plan 2017-21 and associated environmental strategies.

$1.30m in solar PV across Council buildings and facilities in the 2017/18 and 201/19 budgets;

$1.95m for additional solar PV across 150 Council owned buildings and facilities.

$1.20m for energy efficiency enhancements (i.e. double glazing, insulation, etc.) across Council owned buildings.




$600,000 for fleet efficiency (i.e. electric vehicles and bikes).


The $15,000 cost for participation in the PA PPA can be funded through operational savings arising from building energy efficiency initiatives.

DISCUSSION

Whilst the Climate Change Action Package initiatives will have far reaching effects in driving Council’s GHG emissions down towards the target of carbon neutrality by 2028, there needs to be other measures put in place in the interim until these initiatives take full effect, e.g. a PPA for renewable energy.

Three proposals were received for renewable energy PPAs from: o Procurement Australia; o EAGA and; o North Link.

It is proposed that a nominal amount of renewable energy be purchased from Procurement Australia (PA) at this stage - equivalent to the amount of Green Power currently being sourced.

This will secure a cheaper, long term renewable energy price for Council. This is particularly important given the anticipated future rises in Green Power.

The PA proposal is considered the most appropriate option of the three at this stage, having no minimum load commitment and a fixed up-front financial cost of $15,000.

Comparatively, the North Link proposal still has a considerable amount of work to be undertaken before it is finalised and at this point has too many unknowns due to its early infancy.

Whilst the EAGA proposal deadline passed in October 2018, it may be a possibility in the future. The estimated $45,000 over two financial years is noted as being a high investment for no discernible extra return. This proposal also requires a minimum 20% load commitment, much higher than Banyule’s current commitment.

TIMELINES

Signed binding agreement to Procurement Australia 15 Mar 2019

Payment of $15,000 15 Mar 2019

Contract operation period 1 Jul 2021 to 30 Jun 2030







CONCLUSION

The historical purchase of Green Power through a retailer has secured reductions in Council’s GHG emissions over a number of years. However, this has been subject to price rises on an ad hoc basis and future price rises cannot be predicted with any accuracy. The purchase of Green Power through a Power Purchasing Agreement (PPA) secures a fixed price over a medium-term period (2021-2030). This period is in alignment with Council’s strategic commitment to achieve carbon neutrality by 2028.

ATTACHMENTS

Nil



4.3 ANDREW YANDELL HABITAT RESERVE PATH PROPOSAL

Author: Chris Callahan - Bushland Management Coordinator, Assets & City Services

Ward: Beale

EXECUTIVE SUMMARY

At the Ordinary Meeting of Council on 27 August 2018, Council received a petition requesting Council improve the existing trail condition in Andrew Yandel Habitat Reserve, Greensborough, from the North-West entrance at the corner of Cairns Street and Ridge Road to allow safe and improve access through the reserve for local community.

A major site constraint when considering this petition is the Eltham Copper Butterfly, which is federally protect butterfly, who’s breeding colony is located either side of the track. Ground disturbance is an unavoidable outcome in footpath construction and any ground disturbance work will not only adversely affect the existing population but also poses a threat to the long term viability of the colony in this reserve. This breeding colony is one of only a handful of locations in the State. Any works that result in ground disturbance will also require approval from the Minister for Environment in recognition of the federal protection status of this butterfly.

It is proposed that Council promote and upgrade an existing, nearby, and accessible route along Cairns and Willis Street by: installing way finder signs, undertaking footpath repairs and installing a pedestrian crossing at the corner of Willis Street and Community Drive. In addition, it is also recommended that warning signs advising of the uneven track surface be installed at key entry points providing users prior warning of the track conditions.

RECOMMENDATION

That Council:

1. Retain the existing path network throughout the Andrew Yandell Habitat Reserve in its current condition.

2. Refer funding of $20,000 to the 2019/20 capital works budget for consideration to improve the existing accessible walking route along Cairns Avenue and Willis Street by installing way finder signs, undertaking footpath repairs and installing a pedestrian crossing at the corner of Willis Street and Community Drive.

3. Install additional warning signage at key entry points to the reserve to inform users of the uneven path conditions; and

4. Respond to the lead petitioner in regard to Council’s decision.


ANDREW YANDELL HABITAT RESERVE PATH PROPOSAL cont’d


COUNCIL PLAN

This report is in line with Banyule’s Council Plan key direction to “Protect and enhance our natural environment”.

BACKGROUND

At the Ordinary Meeting of Council on 27 August 2018, a petition was tabled by 136

signatories requesting Council to upgrade an existing granitic track in Andrew Yandel Habitat Reserve (“Reserve”) to a footpath.

The petition stated:

“Petition to Banyule City Council to fund the construction of a new footpath in the Northern part of Andrew Yandell Reserve”.

By way of explanation, correspondence associated with the petition indicated:

Local residents young and old use these paths as a short cut on a daily basis to commute to either of the three pre-schools in Community Drive, to access public transport and the Neighbourhood house”

“There is no electric lighting and the steep sections are highly eroded with exposed large rocks. This alone poses a constant risk of potential injuries and makes these paths nearly impossible to use for prams or push bikes.”

Andrew Yandell Habitat Reserve is located at 37 Saint Helena Road, Greensborough and is over 6 hectares in size, five of which is indigenous remnant bushland. Andrew Yandell Habitat Reserve is one of the most important reserves in the municipality in regard to habitat provision for flora and fauna.




The petition to upgrade the existing track to a footpath refers to the track linking the North – West entrance at the corner of Cairns Street and Ridge Road Corner, through to the carpark in the South- East side of the reserve (outlined in yellow in Figure 1 below).

Figure 1: All trails within Andrew Yandell Habitat Reserve:

ORANGE – Informal tracks WHITE – Concrete paths YELLOW – Granitic path referred to in petition – Length 334 metres

LEGAL CONSIDERATION








CURRENT SITUATION

In general, the vast majority of trail users in the Reserve are local residents exploring nature, or utilising the trails to access the Greenhills pre-school facilities and Neighbourhood house, and the Greensborough Station and shopping facilities. Whilst these paths are utilised daily, it has been observed that the volume of use is low which is in keeping with similar tracks in Bushland reserves across the municipality.

There are three types of pathways in the reserve: informal tracks, concrete path, and unsealed track. The pathway referred to in the petition was originally an informal track that was upgraded to a granitic track approximately 20 years ago and the track is almost 400 metres in length. The site has a varied topography and the track alternates between flat and steep sections. The flat sections are considered to be in good condition, however, the steeper sections show signs of erosion damage (see Figure 2), and these sections represent approximately 25% of the overall trail (see Figure 3).

Figure 2. Example eroded section from Ridge Road and Cairns Street

Figure 3. Area of unsealed track with erosion damage.

The Reserve is considered to be one of Council’s key conversation reserves in terms of flora and fauna habitat and diversity. The Reserve is home to over 205 indigenous plant species, including one species of national significance, eight species of state significance and 38 of regional significance. However, it is the Eltham Copper Butterfly that separates this site from others not only in Banyule but nationally too.

The Eltham Copper Butterfly has been classified as an endangered and threatened species and therefore it considered significant at both State and National level. The Reserve is one of only five locations in Melbourne that is a breeding colony for the Eltham Copper Butterfly. Council’s Bushland team have been successfully managing




this site for many years in regard to increasing the dwindling numbers of butterflies through promotion of the Eltham Copper Butterfly (interpretive signage at the reserve) and habitat improvement works. This achievement was recognised in The Sydney Morning Herald in an article titled “The butterfly effect has ants playing defence” (13th October 2018).

CONSULTATION

In recognition of the federal status of the Eltham Copper Butterfly, any proposed works that are likely to result in ground disturbance requires approval from the Minister for Environment.

DISCUSSION

Council is committed to creating a walking culture in Banyule through the provision of a safe and easy to access network, however, due to a variety of site specific constraints this is not possible in every location. A major site constraint in regard to upgrading this track to a footpath is the Eltham Copper Butterfly. As can been seen in Figure 4, the track is located through the centre of the butterfly’s breeding ground.

Figure 4. Location of track in relation to the Eltham Copper Butterfly habitat

It is not feasible to upgrade the track to a path in the reserve without disturbing the ground, the same would applies the installation of lighting fixtures. Ground disturbance will have a detrimental effect on the butterflies’ breading colony by dislodging/ destroying ant nests crucial to the life cycle and protection of the butterfly larvae. A consultant ecologist has advised that the use of concrete or asphalt will likely separate ant colonies from host plants that enable breeding to occur, thus adversely affecting future population growth.




In consideration of the above, it is proposed that the existing track is not upgraded to a footpath and lighting is not installed due to the adverse effect on Eltham Copper Butterfly breeding colony. However, in recognition of the community’s request to have a more accessible walking path it is suggested that Council promote and upgrade an alternative route that is existing, nearby, and accessible by installing way finder signage, undertaking footpath repairs, and installing a pedestrian crossing at the corner of Willis Street and Community Drive as shown in Figure 5 below. Furthermore, it is proposed that Council erect warning signage at key entry points to advise users well in advance of the existing uneven track conditions.

Figure 5. Alternate accessible route


It is estimated that the improvement works and installation of signage will cost approximately $20,000 and this has been referred to the 2019/20 capital works budget for consideration. The footpath repairs can be funded from the annual footpath repair budget.




CONCLUSION

Given the sensitivity of this site in regard to the Eltham Copper butterflies’ breeding colony, and the adverse effect that any ground disturbance works would have on




both the current and future population, it is recommend that that this path be retained in its current condition.

However, in recognition of the petition, it is recommend that Council promote and upgrade an existing, nearby, and accessible route via Cairns and Willis Street through the installation of wayfinder signage, repairing of footpath along the route, and the installation of a pedestrian crossing at the Community Drive end of Willis Street. In addition, in recognition of the uneven surface of the track, it is recommended that warning signs advising of the uneven conditions are erected at the key entry points to provide users with prior warning of the site conditions.

ATTACHMENTS

Nil

Place – Sustainable Amenity and Built Environment


5.1 NORTH EAST LINK UPDATE

Author: Kathleen Petras - Transport Planning Team Leader, City Development

Previous Items Council on 29 Oct 2018 7.00pm (Item 5.1 - North East Link - Progress Report)

Council on 06 Aug 2018 7.00pm (Item 5.3 - North East Link - Update - Budget and Funding)

Council on 04 Jun 2018 7.00pm (Item L.1 - North East Link - North East Link Authority - Release of Draft Scoping Requirements and Business Case)

EXECUTIVE SUMMARY

The North East Link Authority (NELA) was established in February 2017 to deliver the North East Link. It became the North East Link Project (NELP) a dedicated project team within the Major Transport Infrastructure Authority (MTIA) in December 2018.

The North East Link Project opened a staffed community drop in centre at 17, Watsonia Rd, Watsonia in December 2018 that is expected to remain open for the duration of the North East Link construction.

A call for expressions of interest from construction consortiums was made by the North East Link Project in late November 2018 for an early works package along with a primary works package for the construction of the North East Link. These packages describe site preparation (early works) and construction of the North East Link section from Watsonia to the Eastern Freeway including tunnel construction (primary package). Expressions of interest for additional secondary packages for the remaining works and the tolling contract are expected in late 2019.

An Environment Effects Statement (EES) for the North East Link has been under development since February 2018. It is expected the EES documentation will be put on public display in April. Legal representatives have been appointed to assist Council in the preparation of its submission to the Environmental Effects Statement public review.

Council will hold a community forum on 27 March 2019 to present Councils advocacy work to date and provide guidance to the public on preparation of submissions to the public review. Panel hearings to assess submissions are expected to be held in mid-2019.

It is proposed that a revised position statement on the North East Link is adopted as follows:

‘Council is opposed to the North East Link through Banyule as it does not provide the best transport outcome for the future needs of Melbourne. As the state government has now decided to implement this route, Council will continue to advocate for changes to protect our natural environment, preserve our local neighbourhoods, avoid dividing our community and provide for real solutions to the transport issues in the north.’


NORTH EAST LINK UPDATE cont’d


An urban design consultant has been appointed to develop a Watsonia Precinct Concept Plan to capture opportunities afforded by the proximity of the North East Link. The work is jointly funded by Council and the North East Link Project.

An international tunnelling consultant has been appointed to provide expert technical advice to Council on the options for extending the North East Link tunnel through Banyule. The North East Link Project has provided some technical background information to assist this work.

In order to effectively respond to the continued development and future construction of the North East Link, significant Council staff resources will continue to be required. This need will be accommodated by the use of existing staff resources, the appointment of temporary contract staff and with the use of consultants as required. It is intended to request funding for Council’s role in responding to the North East Link Project for a second 12 month period.

Reimbursement from the State Government to cover Council’s incurred costs in assisting in the development of the project will continue to be sought. The North East Link Project has indicated that it will consider the reimbursement of some costs.

RECOMMENDATION

That Council:

1. Continue to strongly advocate for improved North East Link outcomes for Banyule including:

a. Significant improvements to the design of the project around Watsonia including improved access to Watsonia Station and Village.

b. Examining design options for extending the North East Link tunnel north of Watsonia.

c. Minimising environmental impacts.

d. Enhancing urban design and land use outcomes.

e. Management of local traffic impacts.

f. Inclusion of complementary projects.

2. Adopt a revised position statement:





3. Prepare a submission to the North East Link Environment Effects Statement (EES) public review and panel hearing.

4. Conduct a community forum on 27 March 2019 and invite the Department of Environment, Land, Water and Planning, along with Planning Panels Victoria to provide advice on the EES process at the community forum.

5. Write to the North East Link Project, Minister for Transport Infrastructure and local State Members of Parliament to:

a. Request funding support to resource Council input to the North East Link Project for the 2019/20 financial year.

b. Continue to request further reimbursement to Council to cover its incurred resourcing expenses in 2018/19 for preparation of feedback in the development of the Environment Effects Statement.

COUNCIL PLAN

This report is in line with Banyule’s Council Plan key direction to “Support sustainable transport”.

BACKGROUND

The North East Link Project (NELP) was established in February 2017 to deliver the North East Link (NEL).

An Environment Effects Statement (EES) development process has been underway since February 2018. The EES looks at the potential environmental, social, economic and planning impacts of NEL. The development of the EES is being overseen by the Victorian government through the Department of Environment, Land, Water and Planning (DELWP).

Relevant state government agencies and affected Councils were members of the EES Technical Reference Group and provided feedback on the development of the chapters and background technical reports of the EES Report. It is expected that the report will be released for public exhibition in April 2019.

In a tandem Federal government process a Public Environment Report (PER) is also being prepared for the NEL. This is necessary due to crown land at the Simpson Army Barracks in Watsonia being required for the NEL. The PER was mandated in April 2018 and is expected to be released for public comment in mid-2019.

NELP conducted community consultation in September 2018 and provided concept designs for the project. NELP also opened a staffed community drop in centre at 17 Watsonia Road, Watsonia in December 2018. The centre operates weekdays and Saturdays as a space for community members to receive information on the NEL. NELP has advised Council that the centre will remain open for the duration of the NEL construction.

POSITION STATEMENT

Following the Victorian Government election where the construction of the NEL became more certain a new position statement has been developed to clarify




Council’s position on the NEL. The current Council position was adopted in March 2018 as set out below:

‘Council confirms its position regarding the North East Link as follows: a. Is strongly opposed to Option A; b. Maintains its preference for Option C; and c. Seeks to work with the North East Link Project to achieve the best

possible community outcome.’ It is proposed that Council replace this with a revised position statement as below.


TIMELINES

The approximate NEL project timeline over the next two years is shown in Figure 1 below.

What When2019 2020

D J F M A M J J A S O N D J F M A M J J A S O N DWatsonia Precinct Concept Plan Community Forum PER

EES

Finalisation Approval Exhibit Hearing Planning approval

BI D

Early Works EOI RFQ CPrimary Package EOI RFQ CSecondary Package

EOI

NEL Construction

LegendEES Environment Effects Statement PER Public Environment Report EOI Expression of Interest RFQ Request for Quotation C Contract Award

Figure 1: North East Link Program




DISCUSSION

Environmental Effects Statement Update

The EES is being prepared by NELP in 27 chapters which are informed by detailed technical reports in each of 18 discipline areas. DELWP has been overseeing this process with the assistance of a Technical Reference Group (TRG). The TRG included stakeholder representatives from across government authorities including Council.

Throughout 2018 the TRG assisted in the EES development. The EES Report is currently being finalised by NELP. Council contributed to the development of the chapters and supporting technical reports by providing comprehensive feedback and comments on the various iterations of each. This has been a substantial effort which has required the use of Council resources across the transport, city futures, development planning, community health, environment, economic development and open space planning departments. It has also required the use of expert consultants to assist Council make technical contributions to the EES development. The advice provided will help minimise the NEL impact on the Banyule community and environment.

NELP has provided some financial assistance but this has not covered the full Council cost. Financial reimbursement of the costs incurred is being pursued.

Panel Submission

When the EES is complete the Minister for Planning will release it for public comment for a period of 30 business days. Interested members of the public and organisations can make written submissions to express their response to the EES.

A public inquiry in the form of a panel hearing will be established by the Minister for Planning. The hearing will be held to consider the effects of the NEL and take the EES studies and public submissions into consideration.

It is proposed that Council prepare a submission to the public enquiry and appoint legal representatives to prepare for the panel hearing.

NEL Community Forum 2019

It is proposed that Council conduct a community forum on 27 March 2019. The aim of the forum is twofold. It will firstly inform the Banyule community about Council’s significant advocacy to improve the NEL outcome for the community and outline its contributions during the development of the EES.

Secondly DELWP and Planning Panels Victoria will be invited to provide guidance regarding the panel hearing process including how to make a submission to the NEL EES panel hearing. Council will also provide advice to the community on what will be included in Council's panel submission.

Expressions of Interest – Construction consortiums

A call for expressions of interest from construction consortiums was made by NELP in late November 2018 for an early works package along with a primary works package.




The early works package involves relocating utilities and services along with site preparations to allow the main NEL construction to be carried out. It includes relocating the transmission towers and mobile telecommunication tower in Watsonia. The submissions of expressions of interest for the early works package closed at the end of February 2019. It is expected that the contract will be awarded August 2019. Construction of early works is expected to begin in around March 2020.

The primary package works involve construction of the NEL from Somers Avenue, Macleod to north of the Eastern Freeway including the tunnelling works. The submissions of expressions of interest for the primary package close at the end of May 2019 with the contract being awarded in July 2020.

Completing the NEL from the M80 to Watsonia and the Eastern Freeway upgrades will be completed as part of a secondary package of works. Expressions of interest for the secondary package are expected to open in around May 2020.

COUNCIL ADVOCACY WORK

Watsonia Precinct Concept PlanCouncil with the assistance of an urban design consultant are completing a Watsonia Precinct Concept Plan in order to capture opportunities afforded by the proximity of the NEL.

Enhancements to Watsonia Village including access and functionality improvements to Watsonia Station and the local precinct are being considered. This consultant work is co-funded by NELP and is expected to be complete by May 2019.

North East Link - Long Tunnel Option

There are significant concerns with the NEL reference design layout around Watsonia. Council is strongly advocating for improved access and significant improvements. This includes considering the benefits of a longer NEL tunnel to minimise local impacts.

An international tunnelling expert has been appointed to analyse the implications of extending the NEL tunnel beyond Watsonia. The consultant will consider possible improvements to the reference design including the technical aspects of constructing extended tunnel length options. NELP has provided some technical background assistance. A final report is expected to be complete by late March 2019.




Traffic Light List

Council adopted a list of complementary projects in March 2018. The ‘Top 20 - Traffic Light’ list shown in Figure 1 below highlights progress on projects of high importance. Note that the projects have been classified as Core or Complementary by NELP as shown in the Key included in Figure 1. The status of each project is also included. Red indicates no progress, Amber indicates some progress and Green indicates that the project is expected to go ahead.

TOP 20 - TRAFFIC LIGHT LIST - NORTH EAST LINK NELP

Classification (See KEY)

STATUS

WATSONIA IMPACTS

Extend the NEL tunnel to north of Watsonia. CORE

Shared User Path in the power line easement. COMPLEMENTARY

Enhanced east-west connectivity across the North East Link.

CORE

Watsonia Railway Station upgrade. COMPLEMENTARY

Watsonia ‘town square’ including traffic and infrastructure improvements.

COMPLEMENTARY

CYCLING CONNECTIONS

Safe underpass at Banksia Street. COMPLEMENTARY

Shared User Path between Banksia Street and Burke Road.

COMPLEMENTARY

Bicycle connectivity across the North East Link at appropriate locations.

CORE

Bridge over the Yarra River to link Banyule to Manningham.

COMPLEMENTARY

On road bicycle route on Yarra Street Heidelberg.

COMPLEMENTARY

Shared User Path connections to the Plenty River Trail and the Diamond Creek Trail.

COMPLEMENTARY

ROAD NETWORK

Greensborough Highway/Grimshaw Street intersection improvements.

COMPLEMENTARY

Burgundy Street improvements. COMPLEMENTARY

Greensborough Bypass / Diamond Creek Road improvements.

COMPLEMENTARY

Rosanna Road improvements. COMPLEMENTARY

Bell-Banksia Link widening. COMPLEMENTARY

COMMUNITY Improved facilities for displaced sporting clubs. CORE

ENVIRONMENT

Early tree planting. CORE

Restoration of Banyule Billabong COMPLEMENTARY

Water Sensitive Urban Design treatments at local council reserves.

COMPLEMENTARY

KEY: CORE - Part of NEL Project COMPLEMENTARY – Separate state funding required

Supported by NELP Being Pursued by NELP Not Adopted by NELP

Figure 1: Top 20 Projects – NEL Traffic Light List

For the complete Traffic Light List including an additional 28 NEL advocacy projects see Attachment 1.





Resourcing requirements

In order to effectively respond to the continued development and future construction of the NEL over the next eight years, significant Council staff resources will be required.

Council departments that will be called on as needed include traffic engineering, city futures, development planning, community health, communications, environment, economic development and open space planning. A range of external consultants will also continue to be required to provide advice around legal, urban planning, design options, drainage and ecological considerations.

In addition to the NEL Project, the State Government is planning other large transport infrastructure projects in Banyule that will require Council response and input. These include:

Improvements to the M80 Ring Road between Plenty Road and Greensborough Bypass. Construction is expected during 2020-21; and

Hurstbridge Rail Line Duplication project from Greensborough to Eltham including a new Greensborough Transport Interchange which is planned for construction during 2020–22.

Budget considerations

NELP and Council executed a Memorandum of Understanding on 28 March 2018 which sets out amongst other things, the procedure for Council funding claims. NELP has committed the funds set out in table 1 below.

Table 1: NELP Funding Commitments to Council

Purpose Committed Amount (GST inc)

Terms

Project coordination – 0.5FTE March 2018 $75,000 Annually for an initial period of 12 months Subject matter expert – 1FTE March 2018 $150,000

Watsonia urban update July 2018 $50,000Council to make an equal contribution

Council wrote to the State Member for Ivanhoe seeking funding for the reimbursement of staff and consultant costs in excess of those provided for in Table 1 above following his commitment to assist in obtaining additional government funding. Despite the request being referred to NELP, Council has been advised by NELP that no further funding for Council’s contribution to the EES development will be forthcoming, however the request will be followed up with the state member.

Council has expended over $500,000 in consultant fees for EES development advice. It has also employed dedicated staff resources and used staff time across Council disciplines throughout 2018 to respond to the EES development.

Council committed an additional $1.2 million at its meeting of 6 August 2018 to cover anticipated costs. These include completing Councils response to the development of




the EES, preparing a submission to the public exhibition and participating with legal representation in the EES panel process.

It is proposed that Council request an extension of the funding provided by NELP for project coordination and subject matter expert time for a second 12 month period.

LEGAL CONSIDERATION




It is considered that the subject matter there are no human rights issues arising from the recommendation contained in this report.




CONCLUSION

While the NEL will have a significant impact on Banyule, it provides an opportunity to advocate for many benefits for the Banyule community. It is considered imperative that Council continue to engage with and advocate to NELP to achieve the best results for the community.

ATTACHMENTS

No. Title Page

1 NEL TRAFFIC LIGHT LIST - Complete - February 2019



5.2 HERITAGE OVERLAY FOR 22 ARDEN CRESCENT ROSANNA - AMENDMENT C151 AND C152

Author: Nicola Rooks - Strategic Planner, City Development

Ward: Ibbott

EXECUTIVE SUMMARY

Council has received approval for an interim Heritage Overlay (Amendment C151) for 22 Arden Crescent, Rosanna. The interim Overlay applies until 1 November 2019.

Planning Scheme Amendment C152 proposes to apply the Heritage Overlay to 22 Arden Crescent, Rosanna in the Banyule Planning Scheme on a permanent basis.

Public exhibition for Amendment C152 commenced on 29 November 2018 and concluded on 15 January 2019. Council received a total of thirteen (13) submissions, eleven (11) in support and two (2) objecting to the amendment.

In line with the Planning and Environment Act 1987 Council is required to review submissions and consider its response to those which request a change to the amendment. Given that the opposing submissions cannot be resolved, referral to an Independent Planning Panel is appropriate.

RECOMMENDATION

That Council:

1. Note the approval of Banyule Planning Scheme Amendment C151 to apply an interim Heritage Overlay to 22 Arden Crescent, Rosanna.

2. Receive and note the submissions to Amendment C152 to the Banyule Planning Scheme in accordance with Section 22 of the Planning and Environment Act 1987 as shown in the table at Attachment 1.

3. Refer submissions to Planning Scheme Amendment C152 to an Independent Planning Panel in accordance with Section 23 of the Planning and Environment Act 1987.

COUNCIL PLAN

This report is in line with Banyule’s Council Plan key direction to "Preserve and improve Banyule as a great place to live, work and play".


HERITAGE OVERLAY FOR 22 ARDEN CRESCENT ROSANNA - AMENDMENT C151 AND C152 cont’d


BACKGROUND

A planning permit application to develop 22 Arden Crescent, Rosanna was received by Council in August 2017. An application under Section 29A of the Building Act 1993 for full demolition of the dwelling at the subject site was received on 6 September 2018.

The dwelling had previously been nominated for heritage protection by a member of the public and included on Council’s internal register of buildings and places to be further considered as part of Council’s next heritage study, which is due to commence this year.

As a result of the building demolition consent request, the building was considered to be under imminent threat. On this basis, Council engaged a heritage consultant to prepare a heritage assessment of the property. The assessment identified the place as significant to Banyule and recommended it be included in the Heritage Overlay.

An application under delegation was made to the Minister for Planning requesting that an interim Heritage Overlay be applied to the property (Amendment C151) whilst Council exhibits a planning scheme amendment (Amendment C152) to apply the Heritage Overlay on a permanent basis. On the basis of the application for the interim overlay the Section 29A building demolition consent request was refused.

Planning Permit Outcome

A planning permit application was received in 2017 (P851/2017) for the construction of seven dwellings and associated tree removal on the site. The existing dwelling on the site requires removal to accommodate the proposed development. The application proceeded to VCAT and a planning permit for the site was issued on 28 November 2018. The owner now has approved plans to develop the site however is unable to demolish the existing dwelling due to the refusal of the demolition consent.

Amendment C151 - Interim Heritage Overlay

Council applied to the Minister for Planning on 24 September 2018, requesting that an interim Heritage Overlay be applied to 22 Arden Crescent, Rosanna. Amendment C151 utilised section 20(4) of the Planning and Environment Act (1987) which allows the Minister for Planning to amend the planning scheme without public exhibition. The interim Heritage Overlay enables protection of the existing dwelling while Council exhibits a planning scheme amendment for a permanent Heritage Overlay.

Amendment C152 – Permanent Heritage Overlay

Under delegation, Council applied for authorisation of Amendment C152 at the same time as the application for Amendment C151. The Minister for Planning authorised Council to commence exhibition of Amendment C152 to include the property in the Heritage Overlay on a permanent basis on 31 October 2018. Exhibition enables full consideration of the heritage significance of the property through a public consultation process and an independent Panel, if required.

LEGAL CONSIDERATION

The Planning and Environment Act 1987 (Act) needs to be considered with regard to Heritage and to Planning Scheme Amendments.




Section 4(1)(d) relates to the objectives of planning in Victoria which includes:

To conserve and enhance those buildings, areas or other places which are of scientific, aesthetic, architectural or historical interest, or otherwise of special cultural value.

Part 3 governs the Planning Scheme Amendment process.

With regard to C151 and C152 the objective of the Amendments and the Amendment process followed are in compliance with the Act.

HUMAN RIGHTS CHARTER In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Victorian Charter of Human Rights and Responsibilities.


Locality Plan

Figure 1: Aerial view of site and surrounding area

CURRENT SITUATION

Council has received approval for an Interim Heritage Overlay (Amendment C151) for 22 Arden Crescent, Rosanna. The interim overlay is included in the Banyule Planning Scheme and applies until 1 November 2019. The Amendment came into effect when it was gazetted on 31 January 2019.

CONSULTATION FOR AMENDMENT C152

Amendment C152 was publicly exhibited for six weeks from 29 November 2018 to 15 January 2019. Consultation included:

Direct notice to neighbouring landowners and occupiers Direct notice to parties to the Planning Permit P851/2017

http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/paea1987254/s3.html#building

http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/paea1987254/s3.html#area




Direct notice to public authorities, prescribed Ministers, State and Federal Members of Parliament

Information on Council’s website and on Shaping Banyule including an online submission form

Notice in the Heidelberg Leader and Government Gazette Information at Council’s Greensborough office

SUBMISSIONS FOR AMENDMENT C152

Council received a total of thirteen (13) submissions, eleven (11) in support and two (2) objecting to the amendment. A detailed summary of submissions and Council’s response is provided at Attachment 1. The following is a general summary of comments made:

In support of the amendment:

Support for the protection of the house and gardens with a Heritage Overlay The house and garden are a pivotal landmark that defines the appearance of

the street It is the house from which Arden Crescent derives its name It is a rare surviving farmhouse with links to the development of the area The building has interesting architectural features including a tower and has

been well maintained. The generous garden setting of the building is significant Opposed to the demolition of the house and any reduction in the associated

gardens It is important to preserve the historic property and generous garden setting

for future generations Allowing a subdivision to take place and allowing townhouses overlooking

such a house will destroy its character Thanks Council for effort to protect property

Opposing the amendment:

Considers that the building has changed significantly since the original was built.

The heritage assessment mischaracterise the intactness and significance of the site.

The heritage assessment contains substantive factual errors.

The site fails to meet the requisite threshold of either historical or architectural significance to support the Amendment.

DISCUSSION

In accordance with Section 23(1) of the Planning and Environment Act 1987, Council is required to review submissions and consider whether to:

change the amendment in the manner requested; or refer the submission to a panel appointed under Part 8; or abandon the amendment or part of the amendment.




The comments made in support of the amendment are noted and do not require any change to the amendment.

The comments opposing the amendment relate to the heritage assessment that has been prepared by qualified heritage consultants Context. The opposing submissions argue the site is not of heritage significance to warrant a Heritage Overlay. The heritage assessment prepared for the site recommends its inclusion in the Heritage Overlay of the Banyule Planning Scheme.

Given that the opposing comments cannot be resolved by Council the amendment requires consideration by an Independent Planning Panel.




CONCLUSION

Planning Scheme Amendment C151 has been approved which applies the Heritage Overlay to 22 Arden Crescent, Rosanna on an interim basis until 1 November 2019.

Public exhibition of Planning Scheme Amendment C152 has provided all parties with an opportunity to make a submission. Two opposing submissions and eleven supporting submissions were received.

Given that the opposing submissions cannot be resolved the amendment requires consideration by an Independent Planning Panel in accordance with section 23 of the Planning and Environment Act.

ATTACHMENTS

No. Title Page

1 Summary of Submissions C152



5.3 325 GRIMSHAW STREET, WATSONIA - USE OF LOYOLA COLLEGE HOSPITALITY CENTRE AS A FUNCTION CENTRE (P292/2018)

Author: Jonathan Atkinson - Development Planner, City Development

Ward: Grimshaw

EXECUTIVE SUMMARY

The proposal is for use of the existing hospitality centre at Loyola College as a public function space, catering for up to 150 patrons. The proposed hours of operation include Fridays from 4:00pm to 11:00pm, Saturdays from 8:30am to 12:00am and Sundays from 9:00am to 10:00pm. The proposal caps the total number events to 15 per year and no overlap would be permitted with the use of the existing performing arts centre.

Sixteen objections were received on the grounds of noise, traffic congestion, on-street parking, security, increased use of the site beyond normal school hours, loss of amenity, failure to adhere to previous permits, failure to meet planning scheme requirements (Clause 53.06) and potential for anti-social behaviours.

The proposal is considered appropriate as it will make use of an existing facility within an established non-residential use. Conditions are recommended which will limit the number of events to a maximum of 10 over a trial period of 12 months. This can assess the effectiveness of acoustic engineering recommendations and a venue management plan before consideration is given to any further request for functions use beyond the trial period.

RECOMMENDATION

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. P292/2018 for Use of the land for a place of assembly (function centre) at 325 Grimshaw Street WATSONIA subject to the following conditions:

Plans

(1) Before the use permitted by this permit starts, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions. The plans must be generally in accordance with the advertised plans submitted with the application but modified to show:

(a) The location of bollards so that all patron access (pedestrian and vehicular) is via Grimshaw Street only and there is no patron use of the southern car parks;


325 GRIMSHAW STREET, WATSONIA - USE OF LOYOLA COLLEGE HOSPITALITY CENTRE AS A FUNCTION CENTRE (P292/2018) cont’d


(b) The location of a minimum of 45 car parking spaces within the existing car parking area, within close proximity to the building;

(c) The entry points for patrons accessing the function centre;

(d) Implementation of any recommendations of the acoustic report required by Condition 12 of this permit to the satisfaction of the Responsible Authority.

(2) The use as shown on the endorsed plans or described in the endorsed documents must not be altered or modified except with the written consent of the Responsible Authority.

Restrictions on use

(3) Except with the prior written consent of the Responsible Authority, the function centre permitted by this permit may only be used for events between the following times:

(a) Fridays - from 4.00pm until 11.00pm, with a 10.00pm finish time limit, 10.30pm guest departure time limit and 11.00pm building closure time limit.

(b) Saturdays – 8.30am -12.00am, with an 11.00pm finish time limit, 11.30pm guest departure time, and 12.00am building closure time limit.

(c) Sundays – 9.00am to 10.00pm, with a 9.00pm finish time limit 9.30pm guest departure time limit and 10.00pm building closure time limit.

(4) Notwithstanding Condition 3, the outdoor courtyard must not be used later than 10.00pm on any day.

(5) The total number of non-school related events must not exceed 10 per year.

(6) The total number of patrons associated with the function must not exceed 150.

(7) Any non-school related events at the Performing Arts Centre and the function centre must not occur on the same day.

(8) The hiring of the function centre must only be permitted for Loyola staff or ‘alumni’, to the satisfaction of the Responsible Authority.

(9) On every occasion that the function centre is to be used for an event not connected with the school use, the vehicular and pedestrian gates in Bungay Street must be closed one hour before the commencement of the event until 6:00am the following day. At such times, these entrances may only be used for the purpose of caterers/hirers associated with the event.

(10) The permit holder shall maintain a written record of all functions held, including the date, function host and number of attendees. This record must be provided to the Responsible Authority on request.

(11) An acoustic report prepared by a suitably qualified acoustic engineer must be prepared and submitted to the Responsible Authority for approval. The




report must monitor one event within the trial period and be provided to the Responsible Authority to assess the impact of noise emitted from the function centre and courtyard

Prior to commencement of use of function centre

(12) Prior to the commencement of the use of the function centre: (a) An acoustic report prepared by a suitably qualified acoustic engineer

must be prepared and submitted to the Responsible Authority for approval. The report must be to the satisfaction of the Responsible Authority and provide advice and recommendations in relation to the likely impact of noise emitted from the function centre and courtyard and measures to address such impacts.

(b) Any acoustic measures required by condition 1 (d) must be installed on the site to the satisfaction of the Responsible Authority

(c) The Patron Management Plan required by condition 20 must be submitted to and endorsed by the Responsible Authority

Amenity

(13) The use permitted by this permit must not adversely affect the amenity of the locality, to the satisfaction of the Responsible Authority.

(14) Except with the further consent of the Responsible Authority no form of public address system shall be used on the premises so as to be audible beyond the subject land.

(15) Noise emission from any indoor venue must comply with State Environment Protection Policy (Control of Music Noise from Public Premises) No. N-2 and/or Environment Protection (Residential Noise) Regulations 1997, whichever is deemed to be appropriate by the Responsible Authority.

(16) No live entertainment shall be provided within the function centre or outdoor courtyard.

(17) No amplified music shall be played in the outdoor courtyard at any time.

(18) Entertainment only in the form of pre-taped background music may be provided for the benefit of patrons of the premises. Highly amplified music must not be played.

Car Parking

(19) Areas set aside for the parking and movement of vehicles as shown on the endorsed plan(s) must be made available for such use and must not be used for any other purpose.

Patron Management Plan

(20) Prior to the commencement of the use of the function centre, a Patron Management Plan must be prepared and submitted to the Responsible Authority for approval. The plan must be to the satisfaction of the Responsible Authority and must include the following information:




(a) All requirements as specified in Conditions 3 - 10 and 13 - 18. (b) All management recommendations as detailed in the acoustic report

required by Condition 12.

(c) The measures to be taken by the school and other users of the centre to ensure that patrons do not cause nuisance or annoyance to persons beyond the land, including the following:

i. The management of liquor on-site ii. The restriction of car parking on-site, including management of the

bollards to restrict vehicular access iii. The general management of patrons and management of patrons

to avoid loitering close to residential properties

(d) Putting up signs in prominent locations within the premises exhorting patrons to respect the amenity of neighbours and the need to avoid causing noise and disturbance to neighbours;

(e) The maintenance of a complaints register and procedure for closing out complaints with complainants;

(f) A procedure for nominating a lead guest present during the event who will be provided with a copy of the patron management plan, be contactable by the school and generally responsible for patron adherence to the management plan.

(g) The nomination of a person responsible for the Bungay Street gate control, behaviour of patrons and users and a telephone number for the said responsible person (“the Hotline”) which must be available on a 24 hour basis every day of the week and must be provided to residents and the Responsible Authority;

Time Limits

(21) In accordance with Section 68 of the Planning and Environment Act 1987, this permit will expire if the use is not commenced within two years of the date of this permit.

(22) This permit will expire and the function centre use permitted by this permit must cease 12 months from the commencement of the use.

Permit Notes

(A) Expiry of Permit

In the event that this permit expires or the subject land is proposed to be used or developed for purposes different from those for which this permit is granted, there is no guarantee that a new permit will be granted. If a permit is granted then the permit conditions may vary from those included on this permit having regard to changes that might occur to circumstances, planning scheme provisions or policy.




Planning Permit Application: P292/2018

Development Planner: Jonathan Atkinson

Address: 325 Grimshaw Street WATSONIA

Proposal: Use of the land for a place of assembly (function centre)

Existing Use/Development: Education centre

Applicant: Loyola College

Zoning: General Residential Zone – Schedule 2

Overlays: Environmental Significance Overlay – Schedule 4;

Vegetation Protection Overlay – Schedule 2;

Heritage Overlay (HO29);

Special Building Overlay – Schedule 2

Notification (Advertising): Two signs on site

Notices to nearby owners and occupiers

Objections Received: Sixteen (16)

Ward: Grimshaw

PROPOSAL

The applicant is seeking approval for the use of existing buildings within the Loyola College grounds as follows:

It is proposed to use the existing hospitality centre, comprising the function room, student training restaurant, hospitality kitchen and Old Loyola Courtyard, as a public function centre.

The proposed hours of operation are: o Friday: 4:00pm to 11:00pm o Saturday: 8:30am to 12:00am o Sunday: 9:00am to 10:00pm

It is anticipated that functions would vary and include the likes of birthdays, engagements, weddings, fundraising events, liturgical celebrations, spirituality/reflection sessions and presentation/speech nights.

Up to two functions could be held a month, however there would be no overlap with the hiring of the Magis Performing Arts Centre (MPAC) for events, other than any rehearsal nights.

Functions would cater for a maximum of 150 patrons. A total of 50 car parking spaces have been nominated within the existing car

park, adjacent to the building.

In response to feedback from Council officers and the community feedback received through public notification, the applicant has proposed a number of additional restrictions to minimise impacts on the amenity of the area, as follows:




No live music (bands) would be permitted to play in the function centre and external courtyard;

No amplified music would be permitted to play in the external courtyard; All patron access via Grimshaw Street only and vehicle access to be

restricted beyond the front car park; Limited access allowable via Bungay Street for caterers/hirers associated with

event set up/pack up. Gate 4 would be closed one hour before any scheduled event;

A maximum of 15 non-school related events per year; and A 12 month trial period to assess the operations of the function centre.


Section 80C of the Local Government Act 1989 requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates.


BACKGROUND

The subject site has a history of being associated with educational use and this use has been established as of right.

A number of planning permits have since been issued for buildings, works, vegetation removal and use of the site. This includes Planning Permit P101/2014 which was issued for demolition of brick classroom buildings, buildings and works for the construction of a Performing Arts Centre, car parking and associated vegetation removal on 20 January 2015. An amended permit was issued at the order of VCAT on 17 August 2016. This development has been completed and the use of the facility is currently generally in accordance with the permit.

A recent investigation has also been conducted as to whether the College’s student enrolments exceed the permitted student numbers associated with previous planning permits. It is noted that whilst Planning Permit 65.13/1450 – issued in 1978 and amended in 1987 – restricts enrolments to 944 students, this permit only affects the eastern half of the college. Since the expansion in the early 2000s, as approved by Planning Permit P655/2002, no further restriction on student enrolments applies. Based on documentation supplied by the College dated 24 August 2018, approximately 660 students are accommodated within the old Loyola Seminary building on the western half of the site. Under existing enrolments, a total of 1604 students could be accommodated throughout the entire site. It is considered the school is not in breach of the maximum permitted student enrolments.

SUBJECT SITE AND SURROUNDING AREA

Figure 1 below shows the location of the subject site. The land consists of five parcels known as 325-349 Grimshaw Street, Watsonia, and has an overall area of approximately 102,600 square metres (10.26 hectares).




Figure 1: Locality plan

The school buildings are located primarily on the southern half of the site with playing fields located on the northern half. The main school entry is from Grimshaw Street with a secondary service access from Bungay Street to the south.

The site contains the heritage listed Loyola Seminary building, part of which comprises the student restaurant, hospitality kitchen, and function room which would be made available for events. The Old Loyola Courtyard directly abuts these facilities to the north.

PUBLIC NOTIFICATION

Two site notices were displayed, one facing onto Bungay Street near Gate 4 and one facing onto Grimshaw Street near Gate 1. Furthermore, letters were sent to adjoining and land owners/occupiers directly adjoining the school grounds. A total of 16 objections have been received at the time of this report on the following grounds:

Noise; Traffic congestion; On-street parking; Security; Increased use of the site beyond normal school hours; Loss of amenity; Failure to adhere to previous permits; Failure to meet planning scheme requirements (Clause 53.06) Potential for indecent or offensive behaviours, including drunken behaviour

CONSULTATION

All objectors were invited to a consultation meeting conducted on 7 February 2019. The Ward Councillor, Council officers, representatives of the College and thirteen objectors attended. A range of issues were raised by the attendees, primarily consisting of:




Noise impacts associated with maximum patronage and use of the courtyard area;

Security and general patron management concerns; Management of liquor; Likelihood of patrons smoking on-site Issues with handling and addressing complaints during events associated

with the Performing Arts Centre Alleged non-compliance with previous permits (student numbers)

The issues were responded to by Council representatives and are discussed throughout this report. Additional written comments were received and acknowledged after the consultation meeting – these have been considered in this report.

REFERRAL COMMENTS

The application was referred to Council’s Traffic Engineering unit for formal comment. No concerns were raised in relation to car parking. It was advised the number of car parking spaces on site (in excess of 50 car spaces) comfortably accounted for the statutory parking rate which is 45 car spaces for 150 patrons.

PLANNING CONTROLS

The planning controls applicable to the site are outlined in Table 1 below:

Table 1: Planning Controls Control Clause Permit

Triggered General Residential Zone – Schedule 2 32.08 Yes Environmental Significance Overlay – Schedule 4 42.01 No

Vegetation Protection Overlay – Schedule 2 42.02 No Heritage Overlay – HO29 43.01 No Special Building Overlay – Schedule 2 44.05 No Car Parking 52.06 No

POLICIES CONSIDERED

The following policies outlined in Table 2 are of particular relevance to the application:

Table 2: Relevant Planning Scheme Policy Policy ClausePPFEconomic Development 17 LPPFVision and Strategic Framework 21.02 Land Use 21.04 Transport and Infrastructure 21.07 Non-Residential Uses in Residential Zones Policy 22.04




A detailed assessment against Clause 22.04 – Non-Residential Uses in Residential Zones Policy and Clause 32.08 – General Residential Zone is provided as an attachment to this report.

TECHNICAL CONSIDERATION

SUITABILITY OF THE USE

The proposed use (function centre) requires a permit under the provisions of the General Residential Zone. One of the purposes of the zone is:

“To allow education, recreational, religious, community and a limited range of other non-residential uses to serve local community needs in appropriate locations”.

In assessing whether a non-residential use can be considered acceptable within an established residential area, consideration must be given to Council’s Non-Residential Use and Development in Residential Zones Policy at Clause 22.04 of the Planning Scheme. The policy provides guidance to ensure that such uses integrate with their residential surrounds and includes specific criteria relating to ‘location’, ‘amenity’ and ‘traffic and car parking’. Consideration against these criteria is provided as an attachment to this report.

Strategic Context

The subject site is currently used as a secondary school and is, therefore, an established non-residential use. It is important to distinguish that the existing hospitality centre is currently utilised during and after school hours for school-related events. The proposal, therefore, seeks to extend the opportunity to utilise the facility to the wider community.

Previous approval has been granted for non-school related events to take place within the Magis Performing Arts Centre. Use of the school facilities for community related events is consistent with past decisions and the strategic and location criteria of the relevant planning policy.

RESIDENTIAL AMENITY

The potential amenity impact from the proposed public use of the hospitality centre requires consideration in accordance with the relevant policy and the provisions of the General Residential Zone. Detailed consideration is provided as an attachment to this report.

In summary, a total of 15 non-school related events are proposed to occur throughout the year. These would be constrained to the following proposed hours of operation:

Friday: 4:00pm to 11:00pm Saturday: 8:30am to 12:00am Sunday: 9:00am to 10:00pm

Furthermore, events would not be permitted to coincide with hiring of the Magis Performing Arts Centre.




The following table demonstrates the comparison between the permitted use of the Performing Arts Centre and the proposed use of the hospitality centre.

Performing Arts Centre Proposed Function Centre Patrons 500 patrons 150 patrons Hours Mon-Fri 4pm-11:00pm (three

evenings per week) comprising 10pm for event finish, 10:30pm for patron/audience departure and 11:00pm for building closure.

Friday 4pm-11pm

Sat 8:30am-12am (two days a month) comprising 11pm for event finish, 11:30pm for patron/audience departure and 12am for building closure.

Saturday 8:30am-12am

Sun 9am-10pm (two days a month) comprising 9pm for event finish, 9:30pm for patron/audience departure and 10pm building closed.

Sunday 9am-10pm

Maximum events per year

348 events (after school hours) 15 events (non-school related)

It is considered amenity impacts can be limited through permit conditions to reflect the measures proposed by the College, including:

Restricting the hours of operation to accord with the approved hours of the performing arts centre under Planning Permit P101/2014;

Capping the number of events at 10 per year as opposed to the 15 requested; Prohibiting the overlapping of events with events held at the performing arts

centre; Prohibiting the playing of live music; Prohibiting the playing of amplified music in the courtyard; Restricting patron access beyond the front car park areas accessible from

Grimshaw Street – this was responded to positively by objectors at the consultation meeting;

Additional measures which can be addressed through permit conditions include:

The requirement for an acoustic report to provide advice and recommendations in relation to noise emitted from the function centre and courtyard. Any management or physical measures would be required prior to commencement of the use.

The requirement for a patron management plan which addresses the following issues to the satisfaction of the Responsible Authority: o The management of liquor on-site o The restriction of car-parking on-site, including management of the

bollards to restrict vehicular access o The management of patrons to avoid loitering close to residential

properties as well as matters relevant to the general management of patrons

o The erection of signage exhorting patrons to respect the amenity of neighbours




o The maintenance of a complaints register o The implementation of gate control, and a 24 hour accessible telephone

number for handling complaints o The nomination of a lead guest present during the event who will be

provided with a copy of the patron management plan, be contactable by the school and generally responsible for patron adherence to the management plan.

TRAFFIC AND CAR PARKING

The proposal generates a statutory car parking rate of 45 parking spaces under Clause 52.06. Approximately 45 parking spaces are available in the front car park accessible via Grimshaw Street, and approximately 20 parking spaces are available in a central parking area within the school grounds. Permit conditions should be included as part of any approval issued requiring the minimum parking rate to be demonstrated on-site and for vehicular access to be limited beyond Grimshaw Street. It is considered the amended proposal will address concerns regarding traffic generation and parking on Bungay Street. Furthermore, limiting the available parking areas within the school grounds will ensure noise associated with patrons congregating around vehicles is concentrated away from surrounding dwellings.

OBJECTIONS

The majority of objector concerns have been addressed throughout this report, however further discussion is provided as follows:

Liquor licence

Clause 52.27 – Licensed premises – of the Banyule Planning Scheme outlines whether a planning permit is required to use land to sell or consume liquor. It should be noted that the existing liquor licence associated with the student restaurant at the school would not extend to non-school related events. Instead, any event which includes the catering of liquor would be required to obtain a ‘limited licence’ under the Liquor Control Reform Act 1998 – this was acknowledged by the College at the consultation meeting on the 7th of February.

A ‘limited licence’ is exempt from requiring a planning permit under Clause 52.27. A limited licence would contain an array of conditions set by the Victorian Commission for Gambling and Liquor Regulation and each licensee would be responsible for ensuring that liquor is supplied in accordance with the conditions of the licence. Nevertheless, should a planning permit be issued for the application, the school would be required to address the management of liquor on-site as part of a patron management plan.

CONCLUSION

The proposed use appropriately responds to Planning and Local planning policies, including Council’s Non-Residential Uses in Residential Areas Policy and the objectives of the General Residential Zone. The subject site is considered appropriate for a function centre of the scale and frequency proposed and, for these reasons, should be supported subject to conditions.




ATTACHMENTS

No. Title Page

1 Advertised Plans

2 Supporting Documents

3 Assessment against Clauses 22.04 and 32.08



5.4 BELLFIELD URBAN DESIGN GUIDELINES AND COMMUNITY CONSULTATION REPORT

Author: James Stirton - Manager Environment and Place, City Development

Ward: Olympia

Previous Items Council on 19 March 2018 (Item 11.1 - Bellfield Master Plan Implementation)

EXECUTIVE SUMMARY

Council acquired three decommissioned school sites from the Victorian State Government in 2012. At the time of purchase it was made clear that the decision to acquire these properties was for the purposes of promoting best-practice residential infill development at these locations. It was also communicated that these projects seek to generate revenue to allow Council to continue to invest in local communities, maintain its capital works program and advance ongoing asset improvements.

The former Banksia La Trobe Secondary College site is the third and final remaining redevelopment parcel of these school sites. The Draft Bellfield Urban Design Guidelines were produced in 2018 to guide future development at this location. To demonstrate one way that the urban design guidelines could be realised on site, a Draft Bellfield Master Plan was also produced which illustrates how the guidelines could be developed.

Consultation was undertaken for ten weeks between August and November 2018 on the Draft Bellfield Urban Design Guidelines and Draft Bellfield Master Plan. The consultation program utilised both a community consultation program and a stakeholder engagement program. Both programs adopted a number of tools and techniques to reach a large and varied audience.

The results of the community consultation and stakeholder engagement program are represented in both this report and the attached Bellfield Urban Design Guidelines Consultation Report provided as Attachment 1. Some changes to the Bellfield Urban Design Guidelines have been recommended following responses received throughout the community consultation and stakeholder engagement period.

Council should now adopt the Bellfield Urban Design Guidelines with amendments. The Bellfield Urban Design Guidelines will direct future development at the former Banksia La Trobe Secondary College site in Bellfield. It is further considered that Council progress this project by endorsing the commencement of three tranches of work; a Planning Scheme rezoning process, a commercial and governance process to guide the sale and development of the land, and commencement of the design process of the new community precinct development.


BELLFIELD URBAN DESIGN GUIDELINES AND COMMUNITY CONSULTATION REPORT cont’d


RECOMMENDATION

That Council:

1. Note the community consultation and stakeholder program that was conducted for ten weeks from August – November 2018 and thank all contributors of the community and stakeholders who participated in this process.

2. Note the results of the community consultation and stakeholder engagement program that is reflected in the Bellfield Urban Design Guidelines Consultation Report (Attachment 1).

3. Approve the recommended alterations contained herein and endorse these guidelines as the Bellfield Urban Design Guidelines which will guide future development at this location.

These guidelines are described in detail herein and include:

Park and Village Precinct

Visual diversity Height Plot ratio and deep soil areas Ford Park interface Banksia Street interface Perkins Avenue interface Precinct Street interface (internal) Key vistas Pedestrian interfaces Ground floor detail Material diversity Material composition Material selection

Neighbourhood Precinct

Permeable open space Plot width Garage massing Building height and solar access Corner sites Primary pedestrian interface Transition interface Rear lane interface Material diversity Material composition Material selection

4. Note the themes that arose throughout the community consultation and stakeholder engagement process and adopt the following responses to




these themes as selection criteria to be used in assessing future development proposals:

Address potential traffic and parking concerns through independent traffic studies, modelling and advice. (Note that this criteria also forms part of any Planning Scheme rezoning process.)

Ensure compliance with the Bellfield Urban Design Guidelines so as to lead to a high quality development.

Address present, future and ongoing potential infrastructure impacts through additional independent studies and advice as part of any development proposal.

An increased level of Environmentally Sustainable Design and Water Sensitive Urban Design initiatives across the development.

Increased pedestrian safety measures.

Have the successful proponent partner with Council and continue to advocate with the Victorian State Government and Public Transport Victoria to increase the level of public transport to the area.

5. Endorse progression of this project by undertaking the following three stages of work:

i. Planning Scheme rezoning process ii. Commercial process for the sale and development of land iii. Design of the new community precinct

COUNCIL PLAN

This report is in line with Banyule’s Council Plan key direction to “Deliver best value services and facilities".

BACKGROUND

In 2012 Banyule City Council purchased three decommissioned school sites from the Victorian State Government; the Bellfield Primary School site in Ivanhoe, the Haig Street Primary School site in Heidelberg Heights and part of the Banksia La Trobe Secondary College in Bellfield.

At the time of purchase, Council made it publicly clear that the acquisition of these land parcels was for the purposes of guiding residential development at these key areas. This was a financially strategic decision by Council as it also identified that development at each of these locations was to generate additional revenue to assist Council in delivering its future capital works programs, delivery of community facilities and ongoing enhancement of assets in a rate-capped environment.

Since 2012, both the Bellfield Primary School and the Haig Street Primary School sites have undergone residential development. The process of development for




these sites saw Council develop urban design guidelines that specified the aspirations for each site, undertake an expression of interest process with the development industry, conduct a subsequent commercial tendering process, and then decided upon a proposed development plan and sale figure provided by the preferred tenderer. A number of criteria were used to determine the preferred tenderer for these projects; such as the appropriateness of development rather than generating revenue being the only driving factor.

The former Banksia La Trobe Secondary College is the third and final remaining site of the three purchased school sites. The site is 26,422m² in size and presently zoned in two different parcels; a Residential Growth Zone parcel of 15,000m² to the west and a Commercial Use Zone parcel of 11,422m² to the east. The site is presently vacant. Initially a basketball stadium was retained on the site following the land sale, but after an audit of the existing building and a feasibility study to reconstruct this facility, it was decided in 2016 that Council instead invest in the larger La Trobe University Sports Precinct which is currently under construction.

In order to commence discussion with the community about its vision for the former Banksia La Trobe Secondary College site, Council produced Draft Bellfield Urban Design Guidelines (the Draft Guidelines) which describe in detail the ways in which the site can be developed. In developing the Draft Guidelines, it was decided that the three adjoining Council-owned Oriel Road properties would also be considered as part of the overall thinking for this site. Each of these three sites (96, 98 and 100 Oriel Road) are in various stages of condition and have been identified as requiring significant and considerable investment to bring up to levels required and expected by a growing Banyule community for ongoing operation, use and expansion.

At the Ordinary Meeting conducted on Monday 19 March 2018, Council endorsed eight key project principles that are to guide the future development at this site. These key principles are the driving objectives for the Draft Guidelines regarding any development that is to occur across the study area.

The project objectives for this development (in no order of preference) are to:

a) Ensure that the new development is designed and constructed so as to integrate with the local environment and existing neighbourhood.

b) Deliver a development of high quality built form and open spaces that are pedestrian friendly, boast environmentally sustainable design principles, meet the project design guidelines and ensures leadership through liveability principles.

c) Delivery of a social housing component on the Public Use Zone land located at 230 Banksia Street, Bellfield.

d) Deliver a new multi-purpose, future-proof Bellfield Community Hub that can house many community groups and uses.

e) Ensure a rigorous commercial structure and governance arrangement to protect Council from risk through the tender and commercial transaction process.




f) Enable selection of appropriate development partners that enables innovative ways of delivering different types of housing product on the site.

g) Ensure that the development is delivered in a timely manner so that the site does not sit vacant or under construction for long periods of time.

h) Ensure the development strategy delivers a strong financial return to Council to help fund existing services and future capital projects.

These project principles have driven the recommendations made in the Draft Guidelines. To accompany the Draft Guidelines, Council also produced a partnering document, the Draft Bellfield Master Plan (the Draft Master Plan). The Draft Master Plan is one illustration only of how the Draft Guidelines could be realised on site.

Key features of the Draft Master Plan include a new community hub, large green corridors throughout the site (including large setbacks), integration with both the new community facility and Ford Park, water sensitive urban design interventions, a pedestrian-friendly environment, and a supply of townhouse (rear-loaded) and apartment (consolidated parking) dwelling stock, together with a complementary retail offering on the corner of Banksia Street and Oriel Road to strengthen the existing strip shopping centre at this location.

At this same meeting, Council endorsed the commencement of a consultation program and stakeholder engagement process to determine feedback from the local community regarding both the Draft Guidelines and Draft Master Plan. This program ran for a total of ten weeks in late 2018 and is described both herein and within the consultation report provided as Attachment 1.

The feedback obtained from the ten week consultation and engagement process has been collated and is responded to herein. Subsequent revisions have been made to the Draft Guidelines in response to this feedback. These revisions to the Draft Guidelines are presented to Council for adoption.

LEGAL CONSIDERATION

If Council intends to acquire land (or an interest in land) it does so by the power conferred on it pursuant to Section 187 of the Local Government Act 1989 and under provisions of the Land Acquisition and Compensation Act 1986.

Prior to acquiring any land (or an interest in land) Council must identify its intended use for the land (i.e. the purpose of the acquisition) and determine the method of acquisition. The contents of this report specify the nature and purposes for which Council would acquire the land.







Locality Plan

CURRENT SITUATION – PROPERTY STATUS

The following gives an overview of each land parcel within the site and which is under consideration of the Draft Guidelines:

FORMER BANKSIA LA TROBE SECONDARY COLLEGE SITE

230 Banksia Street (11,422m²) This site is presently vacant and has been publicly committed to being assigned for future community use by Council. The existing zoning is Public Use Zone.

232 Banksia Street (15,000m²) This site is vacant, lightly treed and has dual street frontages to Perkins Avenue and Banksia Street. It is presently zoned Residential Growth Zone 2.

228 Banksia Street (3,060m²) This site is currently owned by the Department of Education and is in limited office operation by the department. The site fronts Banksia Street and occupies a large portion of what otherwise would be the former Banksia La Trobe Secondary College site at 230 Banksia Street.

Council has written to the local Member of Parliament, Anthony Carbines MP, the Treasurer of Victoria and the Department of Education about including this land in the overall project which could lead to increased public use land inclusive of additional social housing and enabling a community facility fronting Banksia Street. The Department of Education has provided correspondence it does not support this initiative.




ORIEL ROAD LAND PARCELS

96 Oriel Road (4,453m²) The current home of the Bellfield Community Centre, Maternal and Child Health facilities and the Bellfield Community Garden all presently exist on this site. The building is nearing the end of its useful life expectancy but the community garden is well tended. The existing zoning is Public Use Zone.

98 Oriel Road (3,149m²) Council acquired 98 Oriel Road in 2018 from the Bedford Group. The Bedford Group are continuing their occupancy at this premises under lease with Council for a two year duration. The existing zoning is Public Use Zone with additional encumbrances.

100 Oriel Road (2,026m²) Is currently owned by Council and has an existing vacant premises that is in poor condition. Presently Council are investigating a short-term lease arrangement with a community services provider for these premises. The present zoning of this site is General Residential Zone 1.

CURRENT SITUATION – DRAFT BELLFIELD URBAN DESIGN GUIDELINES

Throughout 2018, Council produced the Draft Bellfield Urban Design Guidelines. The Draft Bellfield Urban Design Guidelines is a document that describes Council's ambitions for the development of this site across three broad areas:

1. Architectural diversity and built form;

2. Landscape, sustainability and environmental elements, and;

3. Prioritised access and movement around the site for pedestrians.

Through diagrams, illustrations, exemplars and other information, the Draft Bellfield Urban Design Guidelines describes the high-quality development Council aspires for this site.

Accompanying the Draft Urban Design Guidelines was another document produced by Council; the Draft Bellfield Master Plan. The Draft Bellfield Master Plan is one illustration of how the objectives of the Draft Bellfield Urban Design Guidelines could be realised on site. The master plan document is not a proposal of development, but rather a tool that can help the community, developers and investors understand Council’s intentions for these important land parcels.

In August 2018, Council commenced a comprehensive consultation and engagement program with the local community to seek feedback, suggestions and ideas regarding the Draft Bellfield Urban Design Guidelines and associated Draft Bellfield Master Plan. The results of this consultation and engagement program are summarised herein and detailed in Attachment 1.




CONSULTATION

As a key project principle for Council is to “Deliver a new, multi-purpose, future-proof Bellfield Community Hub that can house many community groups and uses”, the consultation for the Draft Guidelines and Draft Master Plan was further reaching than the previous school site developments. The consultation for this project was therefore divided into two distinct streams:

Community consultation – which involved interested members of the Banyule community including local residents, associations and interest groups.

Stakeholder engagement – which focused upon potential tenants and community groups within 3081 who may benefit from a new community precinct to be constructed on site.

Both the community consultation and stakeholder engagement programs were conducted concurrently. The programs were initially scheduled to run for six weeks, from Monday 27 August 2018 until Friday 5 October 2018. During this time, a request was received from the community to extend the consultation program further. Council agreed to extend the consultation date by a further four weeks, until Friday 2 November 2018, ensuring a total ten week consultation program.

An overview of the consultation and stakeholder engagement methodology and analysis that was undertaken, combined with a comprehensive analysis of the received feedback that was obtained during this time is provided as Attachment 1. In addition to Attachment 1, each individual submission that was received has been provided to Councillors in full as an additional confidential attachment. The reason for the confidentiality is to de-identify each submitter and protect privacy.

The five key issues that were raised during the consultation and stakeholder engagement process can be summarised as the following:

1. Density of proposed apartments is too great, particularly six storeys projected on Oriel Road.

2. Retain the community garden and community centre in their existing locations.

3. Additional schools are needed in the area.

4. Concerns over local traffic congestion and parking stemming from further development.

5. Questions over project intentions, benefits to locals, and effect on existing community infrastructure provision such as community services, open space and infrastructure.




DISCUSSION: RESPONSE TO COMMUNITY CONSULTATION AND STAKEHOLDER ENGAGEMENT FEEDBACK

Following feedback obtained through the community consultation and stakeholder engagement period, consideration has been given to amendments to the Draft Bellfield Urban Design Guidelines.

Feedback from the community consultation and stakeholder engagement period has also resulted in other changes to the project that are not reflected in the Urban Design Guidelines. These changes will form assessment criteria of development proposals at a later date as highlighted herein.

The following table provides an overview of the primary concerns raised during the community consultation and stakeholder engagement program and the corresponding response.

Concern ResponseDensity of apartments on Oriel Road is too great

Alteration to Guidelines

Apartments on Oriel Road must only reach a total height of six storeys in one location (towards the middle of the block bordered by Perkins Avenue and Banksia Street), and can only be a maximum height of four storeys on both Oriel Road and Perkins Avenue in a ‘pyramid’ arrangement. This negates an underdevelopment of the site, but keeping with neighbourhood character at both residential interfaces.

Retain the community centre in existing location

Not supported

The proposal to relocate the functions and services of the existing community centre to the new community precinct within a new, multi-purpose community facility is recommended to remain. A new, purpose-built community centre that meets the current and future needs of a growing and changing community is required.

The argument of a community centre requiring major street frontage to be successful is not supported. Many examples exist whereby highly successful community centres are located within residential areas and not on major roads. Recently constructed successful examples include, Banyule Community Health (Heidelberg West), Eltham Leisure Centre (Eltham), Electra Community Centre (Ashwood), Saltwater Community Centre (Point Cook) and Creeds Farm Living and Learning Centre (Epping).

Furthermore, the conversion of the Oriel Road parcels to a residential function will seek to meet a




greater majority of the project objectives as set by Council.

Retain the community garden in existing location

Not supported

The proposal to relocate the Bellfield Community Garden to the new community precinct within a new, larger garden is recommended to remain. A new, purpose-built community garden that is integrated with the new community facility and social housing (not public housing) development offers an enormous opportunity to strengthen the community function the existing garden provides.

Council is the largest supporter of the Bellfield Community Garden. Its seed funding of $40,000 to establish the garden at the Oriel Road location, along with a heavily subsidised ongoing annual lease has enabled the garden to flourish. Relocation to a larger (by at least 50%) garden location will enable a larger portion of local community members to participate with the garden. Complementary functions to a new garden will similarly enable the garden to further strengthen itself as a vital community asset.

The argument that a community garden requires major street frontage to be successful is not supported. Numerous examples of community gardens being located in such areas – including Victoria’s best community gardens – are evidence of this. Such examples include Veg Out (St Kilda), CERES (Brunswick East), Yarraville Community Garden (Yarraville), Ashburton Community Garden (Ashburton), Edendale Community Farm (Eltham).

Approach State Government to ‘switch’ community use land from 230 Banksia Street to the Oriel Road parcels

No action

The Public Use Zone land in question (230 Banksia Street and 96, 98 and 100 Oriel Road) are not inextricably linked. 230 Banksia Street forms part of a contained contract of sale and associated encumbrances, the Oriel Road parcels predate the 230 Banksia Street zoning and are existing Council landholdings. A conversion of public use zone land from 230 Banksia Street to Oriel Road is therefore not possible.

If the State Government were to approach Council about the potential of substituting the Banksia Street Public Use Zone land for the Oriel Road parcels, then Council may consider such possibility.




Additional schools needed in the area

No action

Providing schooling and educational opportunities for Victorians is a function of the Victorian State Government. Council has approached the State Government about reclaiming this site for the purposes of a school (primary, secondary, or P-12). On each occasion, Council has been advised that the existing school provision in and around the 3081 postcode provides sufficient schooling opportunity for local students.

It is noted that the Olympic Village Primary School is presently undergoing significant capital works to extend its facilities to enable a much larger student cohort. Further, Charles La Trobe Secondary College also has present student vacancies.

The former Banksia La Trobe Secondary College site was acquired by Council once it was decommissioned by the State Government for the purposes of residential development. Council now intends to pursue the land for this use as it publicly determined to at the time of acquisition.

Concerns over local traffic congestion and parking

Noted and acknowledged. To be addressed in due course.

Any future submission of a development plan for this site (which must also comply with the Bellfield Urban Design Guidelines) as submitted by proponents through a future Request for Proposal process must be accompanied by comprehensive supporting documentation.

The required supporting documentation will include mandatory comprehensive independent traffic studies and modelling that supports any such proposal. This documentation must address traffic volumes, traffic flow, impacts on existing local road network and proposed parking requirements.

Approval of any future development plan will be dependent upon the satisfactory adoption of the recommendations made in each piece of supporting documentation and will form a condition of any future approval of a development permit.

Questions over project intentions and benefits to locals

No action

As previously specified, one objective of Council’s strategic property portfolio is to generate an alternative revenue stream for Council which




enables it to continue its capital works programs and enhancements to assets. Such benefits are realised by all community members of the Banyule community.

The immediate benefits for Bellfield locals regarding this development include a new multi-purpose, modern and purpose-built community facility, a new larger community garden that integrates other community uses, a social housing development (not public housing) for people experiencing barriers to housing, consolidated local landscaping and new, additional passive public open spaces.

Ensure quality of the development is of a high standard

Noted and acknowledged.

The Bellfield Urban Design Guidelines are a thorough, descriptive representation of the development outcome Council aspires for this important site in Bellfield. The final Urban Design Guidelines will form a condition for proponents to comply with during the tendering of their respective development plans.

Further, the Urban Design Guidelines will form set criteria that all development plan proposals will be assessed against, ensuring that the final outcome will be of a high quality and meet the three broad objectives of the guidelines; built form, landscape and access.

Effects on existing community infrastructure provision such as community services, open space and infrastructure

Noted and acknowledged. To be addressed in due course.

Any future submission of a development plan for this site (which must also comply with the Bellfield Urban Design Guidelines) as submitted by proponents through a future Request for Proposal process must be accompanied by comprehensive supporting documentation.

The required supporting documentation will include mandatory comprehensive studies from a range of technical disciplines which will include (but not limited to): town planning report, arborist report, landscape plans, water sensitive urban design report, waste reports and environmentally sustainable design reports.

Approval of any future development plan will be dependent upon the satisfactory adoption of the recommendations made in each piece of supporting




documentation and will form a condition of any future approval of a development permit.

Concerns over social housing provision and integration within residential development

Not supported

A key Council-approved project objective of this development is to deliver a social housing development within the new community precinct. This project objective is recommended to remain.

It is noted that this development will be a social housing development (run by a community housing provider) and not a public housing development (run by the State Government). Affordable housing is defined by the Planning and Environment Act 1987 as “housing that is appropriate for the housing needs of very low, low and moderate-income households.”

Further, from 1 June 2018, the Planning and Environment Act 1987 included a new objective “to facilitate the provision of affordable housing in Victoria” which this project strives to achieve.

The precise model of the social housing development will be explored further as part of the planning and design process of the new community precinct development.

Conversations undertaken with community housing providers during the stakeholder engagement program indicated that a ‘salt and peppered’ approach to social housing has not proved successful from previous attempts. Therefore, a consolidated social housing development that is located within the community precinct is supported. It is noted that this location within the community precinct brings many opportunities and models for development, operation and integration with other services.

Increase the Environmentally Sustainable Design outcomes

Supported

Council will seek to increase the environmental and sustainability outcomes at this location further to the recommendations made in the Draft Guidelines.

Environmental outcomes at this development will be in accordance with the Climate Change Action policy initiatives presently being embedded within all Council practices. Development proponents will need to demonstrate water sensitive urban design interventions and energy saving initiatives in all




development plan proposals. These environmental components will form part of any future development permit.

Ensure pedestrians are prioritised in any future development

Supported

It is the intention of the Draft Bellfield Urban Design Guidelines to promote pedestrian movement first, cycling second, and vehicle third. This is demonstrated through the deliberate road network and rear-loaded housing stock as illustrated within the Draft Bellfield Master Plan.

The generous setbacks and green corridor requirements within the Draft Urban Design Guidelines are recommended to be retained.

It is recommended that further consideration be given to roadway pedestrian crossings. This may include a relocation of the signalised Oriel Road pedestrian crossing (presently south of the Banksia Street roundabout) to the north of the Banksia Street roundabout.

Furthermore, an additional Oriel Road zebra crossing should be investigated that enables pedestrians to cross Oriel Road from the development site to the new location of the adventure playground within Ford Park.

Increase the public transport provision for any future development

Supported

Provision of public transport is a responsibility of the Victorian State Government. Presently, three smart bus routes exist along Oriel Road. Public Transport Victoria (PTV) require justification for additional services to be placed along specific routes. An increase in population within 3081 can be the catalyst for further advocacy with PTV to increase the service frequency at this location. Furthermore, being located within the La Trobe National Employment Cluster lends this location to enable a greater frequency of smart bus service.




DISCUSSION: AMENDMENTS TO DRAFT BELLFIELD URBAN DESIGN GUIDELINES

The Draft Bellfield Urban Design Guidelines document has been produced in three sections:

Section 1. Context of the site Section 2. Overview of the accompanying Draft Master Plan document Section 3. Design Guidelines

Section 3 of the document provides detail that forms the content which is recommended to be adopted as the Bellfield Urban Design Guidelines.

The Draft Guidelines are directed by three overarching design principles: built form, landscape and access. Further, the Draft Guidelines consider these principles across the site in three distinct precincts; the ‘Neighbourhood Precinct’ (Oriel Road parcels), ‘Park and Village Precinct’ (232 Banksia Street) and the ‘Community Precinct’ (230 Banksia Street). This report recommends to adopt these Urban Design Guidelines which relate to the Neighbourhood Precinct and Park and Village Precinct only – it is proposed that the Community Precinct will be developed as its own discrete project.

An overview of the Urban Design Guidelines for each of the Neighbourhood Precinct and the Park and Village Precinct, along with recommended alterations (if any) is given below.

Park and Village Precinct

Draft Guideline New GuidelineVisual DiversityAppearance of several buildings (max 25m length), not one structure to break up visual mass.

Adopt

HeightAssuming a successful rezoning process, there is a maximum height of six storeys for this precinct. Sections of each building adjacent to the eastern boundary have a maximum height of four storeys. It is preferred that each building section has a different height to its neighbour to give the appearance of smaller adjacent buildings.

Subject to rezoning process, allow maximum of six storeys in one location only (towards the middle of the Oriel Road block bordered by Perkins Avenue and Banksia Street), and can only be a maximum height of four storeys on both Banksia Street and Perkins Avenue in a ‘pyramid’ arrangement. Ensure designs keep Ground Floor Area : open space ratio as per recommendations.

Plot ratio and deep soil areasMaintain 25% of the plot to be deep soil to allow tree planting.

Adopt




Ford Park interfaceTree planting with 6m set back from Oriel Road.

Adopt

Banksia Street interfaceEnsure retail offering on corner of Oriel Road and Banksia Street. Match existing urban character rhythm of existing shopping centre. Setback buildings to be 5m.

Adopt

Perkins Avenue interfaceBuilding line to be set back 10m to allow for a linear park.

Adopt

Precinct Street interface (internal)Building line to be set back 9m from eastern boundary to allow 3m shared path, water sensitive urban design treatments and open space.

Adopt

Key vistasFacades of buildings that terminate at key vistas to be compositionally considered.

Adopt

Pedestrian entrancesEast and west pedestrian entrances on each side of building to improve permeability.

Adopt

Ground floor detailPrivate pedestrian entrances from public areas where possible. Any ground floor private open space must be raised at least 1 metre above pavement level to improve privacy and outlook.

Private pedestrian entrances from public areas where possible. Private levels to be located above pavement levels (up to 1 metre).

Material diversityEach façade (maximum 25m) must use different material to the adjacent façade.

Adopt

Material compositionFacades to consist of predominately one material and not several.

Adopt

Material selectionBrick, concrete block, timber, weatherboard and standing seam metal products are encouraged. Facades are not to consist of flat, commercial or low quality surfaces.

Adopt




Neighbourhood Precinct

Draft Guideline New GuidelinePermeable open spaceEach lot to contain 25% of surface area as open space including areas of deep soil.

Adopt

Plot widthEach plot to vary from between 4.5m – 12m. No more than five lots in a row will have the same width.

Adopt

Garage massingAdaptable garages are encouraged to be two storeys in height. On wider lots, garages should be adjoined to promote landscaping opportunities.

Adopt

Building height and solar accessHeight diversity is encouraged. No building shall exceed a 45° solar access plane from a southern property.

Adopt

Corner sitesCorner sites are to address street interfaces to provide active and engaging edges.

Adopt

Primary pedestrian interfaceInterfaces to contain 2m wide open space to allow tree planting. No or low front fences, and utilise other means to delineate between public and private spaces. Interfaces to public linear parks and pedestrian paths to be engaging and active.

Adopt

Transition interfaceTransition interfaces are encouraged. These spaces are not to be enclosed but may contain balconies, pergolas, framing structures for planting etc.

Adopt

Rear lane interfaceAll garages to be located on rear laneways. Design to include pedestrian friendly elements also and be compliant with ‘garage massing’ guideline.

Adopt




Material diversityNo more than five townhouses in a row will have the same materiality or façade design. Townhouses on opposite sides of a road or path must not use the same materiality or design.

Adopt

Material compositionFacades to consist of predominately one material and not several.

Adopt

Material selectionBrick, concrete block, timber, weatherboard and standing seam metal products are encouraged. Facades are not to consist of flat, commercial or low quality surfaces.

Adopt

It is important to note that delivery of apartment dwellings within the Park and Village Precinct is dependent on a number of factors including a successful Planning Scheme rezoning process and also the delivery model of the development plan provided by the successful proponent. In the event that apartment product is not provided within the Park and Village Precinct, and townhouses are constructed instead, the Urban Design Guidelines of the Neighbourhood Precinct will apply to the entire development site.

DISCUSSION: ADDITIONAL ASSESSMENT CRITERIA IN RESPONSE TO COMMUNITY CONSULTATION AND STAKEHOLDER ENGAGEMENT

Many large themes of feedback received from the community that relate to the redevelopment of this site have been considered. Whilst a number of themes do not directly relate to changes being required of the Draft Bellfield Urban Design Guidelines, this feedback will continue to critically help shape Council’s future decisions regarding redevelopment of this land.

The ways these themes of feedback will be used is through assessment criteria that Council will utilise to assess development plans through the Expression of Interest and Request for Proposal stages via a commercial process.

The additional assessment criteria that is recommended to be adopted resulting from the community consultation and stakeholder engagement process includes the following:

Address potential traffic and parking concerns through independent traffic studies, modelling and advice. (Note that this criteria also forms part of any Planning Scheme rezoning process.)

Ensure compliance of the Bellfield Urban Design Guidelines so as to lead to a high quality development.




Address present, future and ongoing potential infrastructure impacts through independent studies and advice.

An increased level of Environmentally Sustainable Design and Water Sensitive Urban Design initiatives across the development.

Increased pedestrian safety measures.

Have the successful proponent partner with Council and continue to advocate with the Victorian State Government and Public Transport Victoria to increase the level of public transport to the area.

TIMELINES

Upon adoption of the Bellfield Urban Design Guidelines, it is recommended that three distinct tranches of work will commence as follows:

1. Planning Scheme rezoning process It is recommended that preparation of the planning scheme amendment rezoning process of 96, 98 and 100 Oriel Road to Residential Growth Zone 1 commences immediately. This is a statutory process that involves extensive community consultation and will ultimately be decided upon by the State Government.

2. Commercial process A commercial process whereby Council adopts strict probity and governance processes to ensure a transparent process in accordance with all assurances and obligations under the Local Government Act. This tranche of work will include an Expression of Interest process followed by a Request for Proposal process to determine the best-suited proponent to deliver development at this site in accordance with the Bellfield Urban Design Guidelines and Council’s range of assessment criteria.

3. Development of the community use precinct This tranche of work will be led by Council and involve a co-design process with the community to develop the best use of community land that will include as a minimum: a new, larger multi-purpose community facility, a larger and improved community garden, a social housing (not public housing) development, public car parking and new passive open public spaces.

These processes can be conducted concurrently. It is noted that the rezoning process and development of the community use precinct should commence immediately. The commercial process will commence within the coming months.







CONCLUSION

Draft Urban Design Guidelines have been produced to guide future development at the former Banksia La Trobe Secondary College site in Bellfield. These Draft Guidelines reflect Council’s ambitions and objectives for this land which was purchased for the purposes of high-quality residential infill development.

The Draft Guidelines were accompanied by a Draft Master Plan for the site which illustrated one way of delivering the Draft Urban Design Guidelines. Both the Draft Guidelines and Draft Master Plan have been thoroughly consulted upon with the community for a period of ten weeks.

After considering the feedback obtained by the community and stakeholders, some alterations to the Draft Urban Design Guidelines have been proposed. It is recommended that Council now adopt the Bellfield Urban Design Guidelines and progress the delivery of this project into three stages of work; a planning scheme rezoning process, a commercial process, and to progress the design and delivery of the community precinct which will include a new community facility, a new community garden, a social housing development (not public housing) and complementary works such as public car parking and passive public open space.

ATTACHMENTS

No. Title Page

1 Bellfield Urban Design Guidelines Consultation Report, February 2019



5.5 KARINGAL DRIVE TENNIS CLUB - COURT LIGHTING - EMERGENCY WORKS

Author: Serena Marriott - Sport and Recreation Project Officer, Community Programs

Ward: Beale

EXECUTIVE SUMMARY

The Karingal Drive Tennis Club have a lease over the tennis courts located on Karingal drive, Greensborough. Structural maintenance (any maintenance items resulting from structural failure) within the current lease is Council’s responsibility.

As a result of a structural audit of the tennis lights, Council was advised on Friday 8 February, that two light poles require immediate removal due to severe corrosion. This has caused a safety issue at the site and the two en tout cas courts involved were closed immediately. The poles were removed on Tuesday 12 February and the courts are available for day time use.

There are a total of nine (9) lighting poles located on the two (2) courts concerned. The other remaining seven (7) poles are severely rusted and close to full corrosion at the base. The audit report recommends all lights and poles be replaced as soon as practical.

Given this is an unexpected result causing immediate closure of the courts due to risk, it is important to take appropriate action to ensure that the courts are available for use as soon as possible

This report recommends Council allocate funding to replace the tennis court lights to contemporary standards which includes LED lamps with capacity to accommodate the ‘Book-a-Court’ program.

RECOMMENDATION

That Council:

1. Note the report.

2. Allocate $120,000 from Council’s Open Space Reserve to reinstate the tennis court lights on the two upper en tout cas courts at Karingal Drive Tennis Club, Greensborough.

3. Arrange for the reinstatement as a matter of urgency.

4. Inform the Karingal Drive Tennis Club of Council’s intention to reinstate the light masts and light fittings.


KARINGAL DRIVE TENNIS CLUB - COURT LIGHTING - EMERGENCY WORKS cont’d


COUNCIL PLAN

This report is in line with Banyule’s Council Plan key direction to “Renew and maintain Banyule's public assets and infrastructure”.

BACKGROUND

The Karingal Drive Tennis Club have a lease over the tennis courts located on Karingal Drive, Greensborough. Structural maintenance (any maintenance items resulting from structural failure) within the current lease is Council’s responsibility.

There are six courts in total at the Karingal Drive tennis facility, four (4) synthetic and two (2) en tout cas. There are nine (9) lighting poles located on the 2 en tout cas courts concerned (Attachment One).

As a result of a lighting pole failing in high winds at Ivanhoe Tennis courts (John St) in 2018, Council is undertaking an audit of all tennis club lights on Council land.

The structural audit of Karingal Drive Tennis Courts lights was conducted on 7 February 2019 by George E Apted & Associates Pty Ltd (Consulting Engineers). Council was advised on 8 February, that two poles require immediate removal due to severe corrosion. These are assets BCC00533 and BCC00535 (west fence north pole and the east fence centre pole). This caused a safety issue at the site and the two courts involved were closed immediately. The poles were removed on 12 February and the courts are available for day time use.

The other remaining seven (7) poles are rusted and close to full corrosion at the base. This includes assets BCC00529, BCC00530, BCC00531, BCC00532, BCC0034, BCC00536, and BCC00537. The audit report recommends the lights be removed from these poles immediately and the lights and poles be replaced.

The best course of action for safety and risk aversion is to remove all light heads on the en tout cas courts immediately. Once this work is complete, the club will be able to use the courts during the day only, until the lights and poles are replaced.

LEGAL CONSIDERATION

Council has a legal obligation to ensure the community facilities and assets are fit for purpose and safe.







Locality Plan

CURRENT SITUATION

A structural audit of all tennis club lights on Council land is currently being conducted.

Given the unexpected audit result of Karingal Drive Tennis Court lights causing immediate closure of the courts due to risk, it is important to take appropriate action to ensure that the courts are once again available for use.

The audit report recommends Council remove the poles immediately. As per the approach at Ivanhoe Tennis Club, Council should consider replacing the tennis court lights to meet contemporary standards which includes LED lamps with capacity to accommodate the ‘Book-a-Court’ program, which is essentially a switching mechanism linked to access control.

These contemporary standards are in-line with the strategic directions imbedded in the Banyule Tennis Strategy 2017-2026.




TECHNICAL CONSIDERATION

With the contemporary standard identified above, officers have sourced a cost estimate based on the following specification:

Remove and replace nine (9) existing poles including disposal of old footings and poles, and installation of new footings.

Remove existing box lights and replace with LED. Reinstatement of en tout cas courts.


Council has yet to receive a quote to replace the poles and lights however based on the project at Ivanhoe Tennis Club, officers believe the reinstatement work will cost approximately $120,000.

CONSULTATION

Officers have been in contact with the Karingal Drive Tennis Club in relation to the lighting poles failure and subsequent court closure, however this unscheduled closure will have a significant impact on the club members, particularly evening matches and training given there are not lights on two courts.

TIMELINES

If Council supports the recommendations included in this report, the reinstatement works will occur as soon as contractors are available to complete the works. The contractors required to compete the works are currently on Council’s contract panel therefore a procurement process is not required. Timing of reinstatement works will be coordinated in conjunction with the Karingal Tennis Club.




CONCLUSION

The Karingal Drive Tennis Club have a lease over the tennis courts located at Karingal Drive, Greensborough. The tennis courts provide valuable recreation and social opportunities for the local community.

Structural maintenance (any maintenance items resulting from structural failure) within the current lease, is Council’s responsibility.

A structural audit undertaken on the lighting poles, deemed all nine poles lighting the two en tout cas courts, to be unsafe and immediate works recommended to remove the poles and therefore the risk.




The replacement of the lights to meet contemporary standards will ensure the infrastructure at the facilities are able to meet the requirements into the future, as the courts are currently closed for use.

ATTACHMENTS

No. Title Page

1 Karingal Drive Tennis Courts - Upper Courts lights asset plan



5.6 DEVELOPMENT PLANNING ACTIVITIES REPORT (JULY - DECEMBER 2018)

Author: David Moon - Development Planning Coordinator, City Development

Previous Items Council on 06 Aug 2018 7.00pm (Item 5.7 - Urban Planning and Building Activities

Report (January – June 2018))

Council on 19 March 2018 (Item 5.5 - Urban Planning and Building Activities Report (July to December 2017))

Council on 28 Aug 2017 7.15pm (Item 5.2 - Urban Planning and Building Activity Report (January to June 2017))

Council on 14 Mar 2017 7.15pm (Item 5.6 - Urban Planning and Building Activities Report (July - December 2016))

EXECUTIVE SUMMARY

This report presents and provides commentary on the 2018 activities of Development Planning including applications and related requests received and determined, processing timeframes, planning investigations and infringements and planning appeals. Key highlights from 2018 include:

The number of requests determined has exceeded the number of incoming requests for a second year in a row.

Over the 6 month review period the total number of live applications has reduced by 47 from 505 to 458 (9.31%).

Applications for multi dwelling development increased in the 6 month review period year by 21 from 107 to 128 (19%).

A full complement of staff through the last quarter of the year and a focus on service improvements (discussed below) has assisted in reducing the total number of live applications including tree requests.

56% of planning applications were determined within the 60 day statutory timeframe with improving this figure to be a key focus area in 2019.

Live tree applications have reduced well below the target rate of 30 after an earlier peak of 57 in April.

The total number of live planning investigations reduced significantly through the last four months of 2018 from a peak in July 2018.

RECOMMENDATION

That Council note the Development Planning Activities Report for the period July to December 2018.

COUNCIL PLAN

This report is in line with Banyule’s Council Plan key direction to "Preserve and improve Banyule as a great place to live, work and play".


DEVELOPMENT PLANNING ACTIVITIES REPORT (JULY - DECEMBER 2018) cont’d


BACKGROUND

On 13 September 2010, Council received the first of a number of ongoing reports regarding town planning activity at VCAT affecting Banyule City Council. That report outlined the types of appeals, the number of appeals lodged, the number of decisions received, as well as the types of decisions. Subsequent reports have presented six monthly or yearly data from 2010 to date.

LEGAL CONSIDERATION





REPORT

INITIATIVES – SERVICE IMPROVEMENTS

The Development Planning unit have introduced a number of service improvement initiatives during the 6 month review period to streamline assessment processes. These include:

Streamlined Planning Assessment Report (SPAR) – This report is used for straightforward planning applications where a planning permit is to be issued and public notification has not been required. The SPAR cuts down the content of previous delegate reports to a minimum allowing us to reduce the time spent on these straightforward applications.

Secondary Consent Applications for Exempt Works (PAEX) – The application process is a fee free process for building and works which require an amendment to plans but are exempt from requiring a planning permit. The decision timeframe for a PAEX application is 5 business days which is a significant reduction when compared to standard secondary consent applications which usually average 10 to 20 business day. Since the introduction of the PAEX process in October, 19 applications have been assessed resulting in financial and time savings for applicants.

PLANNING PERMIT APPLICATIONS AND RELATED REQUESTS RECEIVED AND DETERMINED

In 2018, the downward trend of applications (standard applications and Section 72 amendments) and related requests (secondary consents, subdivision certifications and condition 1 plans) received continued from a historic peak in the 2016.

In 2018, 2425 requests were received compared to a total of 2574 in 2017, resulting in a reduction of 149 (5.78%) requests. The total number of requests determined over the six months exceeded the number received with a total of 2498 determined, resulting in 73 greater requests being determined than received. This has assisted




with a decline in the total number of live applications and requests, reducing from 548 in July to 458 in December (see Figure 2).

Figure 1 – Comparison with previous years

Reductions in live requests were able to be achieved through the last four months of 2018 from a peak in July 2018, and can be attributed in part to having a near full complement of staff resources available along with the introduction of streamlined process initiatives.

Figure 2 – Live planning applications and related requests by month

As shown in Figure 3 below, on a month to month basis the number of applications received and determined has varied throughout the year. A notable month of difference being December 2018 with 163 requests received and 232 determined.

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Planning Applications and Related Requests

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Live Applications and Requests per Month

Planning applications Other requests Target for Total Live applications & requests




This was a stark contrast from the previous year where in December 2017, 202 applications were received with 126 applications determined. This indicates that the usual end of year peak or ‘Christmas rush’ of applications did not occur in 2018.

Figure 3 – Applications and requests by month

PROCESSING TIMEFRAMES

Figure 4 below indicates the average number of days for Council to make a determination for each month and the percentage of applications determined within the 60 day statutory timeframe.

In an effort to reduce the number of older applications that have not yet been determined, the Development Planning Team continues to review the status of all live planning applications on a regular basis, and is specifically seeking to finalise those applications which have been with Council the longest. However, this needs to be balanced against the ongoing challenge of improving the proportion of applications determined within the statutory timeframe and giving priority to straightforward matters. A Decisions Challenge was introduced in November 2018 with a focus on reducing the total live requests together with applications which had been in the system for greater than 12 months. At the completion of the challenge in February 2019, the number of live requests that had been in the system for one year or greater had been reduced from 29 to 9. This will assist the team in improving the number of determinations made within the 60 statutory days.

On average over the year 56% of planning applications were determined within the 60 statutory days which is below the 75% set out as a key performance criteria. This is generally a result of an increase in the number of complex applications and the turnover in staff resulting in high individual caseloads of planning applications. It is anticipated that with a focus on determining older applications together with a stronger focus on key performance indicators that this figures will improve in 2019.

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Jan-18 Feb-18 Mar-18 Apr-18 May-18 Jun-18 Jul-18 Aug-18 Sep-18 Oct-18 Nov-18 Dec-18

Planning Applications and Related Requests

Total Received Total Determined Average Received Average Determined




Figure 4 – Timeframes for Determination for 2017/18

APPLICATIONS BY TYPE

Figure 5 details the planning applications received by proposal including applications for tree removal, multi dwelling proposals, subdivision and other permit requirements. Figure 6 details the planning applications received by type and indicates:

The number of applications for tree removal and pruning appears to have stabilised at approximately 270 per 6 month period after a peak of 359 in the second half of 2016;

Applications for multi dwelling development increased in the second half of the year by approximately 19% from 107 to 128 however the total number of multi dwelling applications received in 2018 was 8.2% less than in 2017. The number of multi dwelling applications remains consistent with the average number received per 6 month period since January 2016;

The number of subdivision applications has increased with 85 received over the 6 month review period. This is the highest number of applications received since the July to December 2016 period.

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Completed within 60 Statutory days Average Gross days for Determination

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Applications Received by Proposal

Trees Multi Dwelling Other Subdivision




Figure 5 - Planning permit applications received by proposal Figures 6 and 7 below outline the number of application types (Permit applications, VicSmart, Section 72 Amendments, Certifications and other requests) being received and determined over a 6 month period. During the 6 month review period the number of determination has exceeded those received in the key areas of permit applications and VicSmart applications which are reportable application types. Overall during the review period staff continued to finalise high numbers of applications and related requests. When subdivision certifications are included, a total of 1273 such applications were determined, compared with approximately 1225 in the previous 6 month period.

Figure 6 – Requests received by type annually (including certification)

Figure 7 – Requests determined by type annually (including certification)

521 601459 509 423 463

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Certification applications

S72 Amendments

VicSmart applications

Standard permit applications

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TREE PERMIT APPLICATIONS

The number of applications lodged and determined for tree removal are shown in Figure 8 below against the actual and target outstanding workload. An average of 47 applications were lodged per month throughout 2018, with the number of applications live in the system increasing in April due to staff vacancies. A significant increase in determination in May followed by concerted month to month effort continued to reduce the live applications well below the target level to finish the year with 11 outstanding.

Figure 8: Tree Permit applications received and determined by month

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PLANNING INVESTIGATIONS

An average of 22 breaches per month of Planning Permits and the Planning Scheme were brought to the attention of the Development Planning Unit in 2018.

These breaches relate to built form (such as development, overlooking and signage), land use and vegetation removal. The total number of live investigations generally increased during the first quarters of the year with the number declining through the middle of the year and increasing again in the last quarter. Overall there was a 7% decrease in live investigations over the 12 month period from 154 to 144.

Figure 9 – Planning complaints/investigations initiated and finalised

Figure 10 – Planning complaints/investigations initiated and finalised

As detailed in Figure 10 above, 264 planning investigations were instigated in 2018. This is 37 more investigations opened than in 2017. Figure 10 also shows that since

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2015 improvements in our triage process when receiving complaints has drastically reduced the number of complaints that result in investigations. A total of 269 planning investigations have been closed in the first half of the year, which is 5 more than instigated. This is an improvement on 2017 where only 209 investigations were closed off.

Over the 6 month review period 20 Planning Infringement Notices have been issued with 5 paid, 5 withdrawn, 1 under review and 9 outstanding at the end of 2018.

PLANNING APPEALS

APPEALS LODGED

The total number of appeals received for each six month interval since 2014 is detailed in Figure 11 below. There have been more appeals lodged in the last 6 months with 43 appeals lodged between July and December 2018, the highest number in a 6 month period since the first half of 2015.

Figure 111 – Total appeals received by year

As detailed in Figure 12, the majority of appeals lodged continue to be lodged by permit applicants. Of these appeals five were lodged in the second half of the year against Council not making a decision within the 60 days, which is the highest number since January 2016. This is a key focus area for the team, with a key performance indicator being introduced for no appeals lodged for failure to determine.

The number of appeals lodged by objectors in comparison to the previous year has reduced. The number of appeals lodged against refusals has increased significantly in the second half of 2018 from 10 to 28. This is possibly an indication of the number of poorly resolved applications Council receives.

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Appeals Lodged

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Figure 12 – Appeals lodged by type

DECISIONS RECEIVED

As detailed in Figure 13 below, Council has lost the majority of appeals against the refusal of applications at 59% with a further 27% of appeals varied and only 14% having Council’s decision upheld. This has been an upward trend since 2014/15 financial year. This indicates that the Tribunal view on what is acceptable differs from or is more lenient than Council’s view.

A total of 40 Tribunal decisions were received in the during the 2017/18 financial year, with Council having limited success with respect to appeals by permit applicants overall.

The figures, however, do not indicate where an appeal results in an improved outcome when compared with an advertised proposal, and in particular improvements to proposals made in substituted plans lodged prior to appeal hearings.

Figure 13 – Outcome of refusal appeals

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Other

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Sec79 (failure to determine)

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42%32%

42% 47% 53% 59%

53%59% 32% 24% 19% 14%

5% 9%26% 29% 28% 27%

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2013-2014 2014-2015 2015-2016 2016-2017 2017-2018 2018-2019

Outcome of Appeals against refusal of applications

RA decision set aside RA decision upheld/appeal withdrawn Varied







CONCLUSION

The development planning team have reduced the backlog of planning applications and related requests with the assistance of service improvements and streamlined processes. There has been a 19% increase in the number of multi dwelling application compared to the previous 6 months. Processing timeframes have increased with the number of applications decided within the 60 day statutory timeframe decreasing from 59% to 56%. This can be attributed to a focus on determining older application and will remain a key focus area in 2019.

ATTACHMENTS

Nil

Performance - Use Our Resources Wisely


7.1 QUARTERLY FINANCIAL MANAGEMENT REPORT FOR PERIOD ENDING 31 DECEMBER 2018

Author: Daniel Soo - Management Accountant, Corporate Services

EXECUTIVE SUMMARY

The Quarterly Financial Management Report for December 2018 is presented in accordance with section 138 of the Local Government Act 1989 which requires reporting to Council on the budgeted revenue and expenditure for the financial year with the actual revenue and expenditure to date.

Operating Surplus:

As at 31 December 2018, year to date income and expenditure is $3.546m favourable to budget. Banyule City Council has forecasted to deliver an operating surplus of $6.965m for the year 2018/19. This is $1.758m favourable to the adopted budget of $5.207m.

The significant contributions to the favourable forecast variance include:

Public Open Space Contribution income $1.650m (note 13) Interest Income from holding a higher cash balance than budgeted $0.460m

(note 14) Postponed contribution to the La Trobe sports precinct $0.500m (note 18) Postponed capital grant from the last financial year $2.000m (note 10)

Which is offset by the below noted items under both income and expenditure category:

Victoria Grants Commission funding of $2.031m (50% of 2018/19 grant) was brought forward into the 2017/18 financial year (note 9).

Expenditure associated with unspent grants and initiative projects of $1.303m has been carried forward into 2018/19 (note 17).

A Council resolution to allocate $1.250m unbudgeted funding to Environmental Effects Statement process and advocacy to the North East link Authority was adopted in August 2018 (note 17).

The 2018/19 underlying operating result is forecasted to be $1.035m in deficit against a budgeted underlying operating surplus of $1.077m. This underlying result is determined after adjusting for non-recurrent capital grants and capital contributions.

Capital Works Performance:

As at 31 December 2018 a total of $19.412m has been spent on capital works. The expenditure for Capital Works is now forecast to be $58.319m including $8.335m of carry forwards and unbudgeted strategic property acquisitions (the adopted capital budget is $47.186m).


QUARTERLY FINANCIAL MANAGEMENT REPORT FOR PERIOD ENDING 31 DECEMBER 2018 cont’d


RECOMMENDATION

That Council:

1. Note and receive the Quarterly Financial Management Report for the period 31 December 2018.

2. Note the forecast to deliver an operating surplus of $6.965m against the adopted budget of $5.207m for the year ended 30 June 2019.

COUNCIL PLAN

This report is in line with Banyule’s Council Plan key direction to “Provide responsible financial management and business planning”.

BACKGROUND

The 31 December 2018 quarterly financial management report comprises a review of the current performance against year to date budget, full year budget and full year forecast, and other key financial information.

TABLE 1 - Income Statement

YTD Actual

YTD Budget

YTD Variance Notes Forecast

Annual Budget

Annual Variance Notes

$000 $000 $000 $000 $000 $000IncomeRates and charges 100,364 99,942 422 1 100,382 100,208 174Grants - Operating 5,152 4,963 189 10,708 11,115 (407) 9Grants – Capital 750 1,022 (272) 3,698 2,006 1,692 10Statutory fees and fines 4,786 4,508 278 10,277 9,942 335 11User fees and charges 11,211 10,333 878 2 19,749 18,658 1,091 12Contributions 2,524 1,867 657 3 5,527 3,734 1,793 13Interest 1,579 1,299 280 3,057 2,597 460 14Rental 1,287 1,255 32 2,298 2,518 (220)

Net gain/(loss) on disposal of assets

117 210 (93) 639 355 284

Other 686 206 480 4 1,359 508 851 15

Total income 128,456 125,605 2,851 157,694 151,641 6,053

ExpensesEmployee costs 32,376 32,920 544 5 67,619 66,976 (643) 16Materials and services 19,705 19,149 (556) 6 44,387 39,865 (4,522) 17Utility charges 1,609 1,409 (200) 4,456 4,545 89Depreciation and amortisation

10,411 10,411 - 20,822 20,822 -

Borrowing costs 1,282 1,373 91 2,546 2,636 90Donations expenditure 412 345 (67) 588 409 (179)Contribution expense 3,305 3,896 591 7 8,440 8,902 462 18




Other 835 1,127 292 1,871 2,279 408 19

Total expenses 69,935 70,630 695 150,729 146,434 (4,295)

Surplus for the year 58,521 54,975 3,546 6,965 5,207 1,758

Grants – Non-recurrent Capital

444 457 (13) 2,785 635 2,150 20

Capital Contributions – Other Sources

2,366 1,816 550 8 5,215 3,495 1,720 21

Adj. Underlying Surplus

55,711 52,702 3,009 (1,035) 1,077 (2,112)

NOTES: Year to Date (YTD) - Major Variances

As at 31 December 2018 the net result year to date is $3.546m favourable. Year to date income and expenditure is tracking favourable, $2.851m and $0.695m respectively.

The significant contribution to the year to date (YTD) variance comprises of:

1. Rates and charges: $0.422m higher than budget. $0.336m additional supplementary income has been generated YTD this year as a result of property development. The forecast has been updated to reflect full year projections. In addition, the rate interest is $0.097m higher than anticipated.

2. User fees and charges: $0.878m above budget.

The waste transfer station has been very successful in implementing its business strategy to increase its’ commercial customer base. The YTD income is currently $0.994m more than anticipated. The additional YTD income is offset by the increase in the waste disposal cost (refer note 6).

Higher utilisation of parking metres in Heidelberg area has generated additional $0.123m of YTD income than budgeted.

Parent fees from child care and preschools are $0.295m below budget. This shortfall is fully subsidised by additional Federal grants i.e. $0.377m. The income (combining parent fees and government grants from three child care centres and two preschools) is currently $0.078m higher than budget. This is due to higher utilisation rates and more accurate tracking of the attended hours on real time basis (child based care system – new from 2 July 2018).

3. Contribution income is $0.657m above budget.

Public Open Space contributions account for $0.736m. The majority of Public Open Space contributions have been generated from developments in Heidelberg West, Heidelberg and Ivanhoe precincts.




$0.080m of contribution from Manningham City Council regarding Emergency Management was received in September but budgeted in June 2018.

The timing of the contribution income to Capital Works projects are not always known when setting the budget. This resulted in a total of $0.184m of unfavourable movement in YTD when compared to budget. The contribution income is still anticipated to be received within this financial year, without any impact on forecast.

4. Other income is $0.480m more than budgeted

Council received additional $0.266m of cash for disposing of Right of Ways and miscellaneous assets.

Council received $0.104m unbudgeted funding from the State Government as a recycling cost reimbursement to support Council due to the ban by China on recyclable material.

Council received a total of $0.079m of unbudgeted Work Cover reimbursements across various departments.

5. Employee Benefit expenditure is favourable to budget $0.544m. Council has budgeted for 660.09 equivalent full time staff (EFT). As at 31 December 2018 Council are tracking at 630.32 (29.77 EFT below the year to date budget).

A number of departments are using agency to backfill the vacant positions while Council endeavours to recruit for key professions. As a result of the delay in recruiting for these positions, agency costs YTD are above budget (refer note 6) and Employee Benefit expenditure is under the YTD budget.

6. Expenditure for materials, contracts and services is $0.556m over budget

Variance table for Agency, Consultancy and Contractor Costs – 31 Dec 2018:

Banyule City Council

Actual YTD

Budgeted YTD

VarianceYTD

ForecastFY

BudgetFY

VarianceFY

Agency Cost $1.652m $0.930m ($0.722m) $2.511m $1.734m ($0.777m)

Consultancy $0.806m $0.830m ($0.024m) $3.300m $1.818m ($1.482m)

Contractor Cost $6.878m $6.734m ($0.144m) $15.208m $14.858m ($0.350m)

Agency cost YTD variance is $0.722m unfavourable, partially offset by savings in employee benefits (refer note 5). Agency, not budgeted, is used to cover short term vacancies in staff and unplanned workload above budget positions. As the year progresses savings in employee costs through vacancies will need to be closely assessed against the greater than budgeted spend in agency costs.




Consultancy cost YTD variance is $0.024m unfavourable. Council endorsed to allocate a total of $1.250m to support the North East Link Advocacy project in this financial year. (Refer Note 17). This fund allocation has been reflected as consultancy cost in forecast. The unbudgeted YTD expense on this initiative project is being offset by the temporary savings on the costs of disposing Council properties.

The contractor costs are tracking unfavourable by $0.144m. The total YTD variances from all initiative projects are $0.705m favourable. The timing of initiative projects, service provision and contractor costs are not always known when setting the budget resulting in the movement in actual costs against budget being significantly favourable. In some of the operational areas the contractor costs are trending above budget. The main variances are noted below:

$0.218m of IT software maintenance cost paid earlier than budgeted.

Operation depot incurred an extra $0.240m YTD expense across its major functions.

Building Maintenance costs (including the new 1 Flintoff building) is $0.150m above budget. The budget was prepared on limited maintenance history and occupancy data. The forecast has been adjusted accordingly.

An unfavourable variance in Municipal Laws Parks Management of $0.247m is due to applying last year’s actual’s to determine the budget phasing for the Monthly invoicing and payment. In prior year the invoicing was behind schedule by the contractor. Invoicing and payments are on track in the current financial year.

The Waste disposal and transport costs have increased by $0.845m (fully offset by the additional income from gate fees.

Savings continue to be realised across Council. The cost for running motor vehicles ($0.108m), printing stationary ($0.185m), and materials ($0.350m) YTD are under budget.

7. Contribution expense $0.591m less than budget. Council is yet to contribute $0.500m to La Trobe Sport Precinct (Basketball Stadium) based on the key milestones not yet being achieved (as agreed under the contract).

Underlying Surplus adjustment

8. Capital Contributions (from other sources) is $0.550m above budget and mainly represents the additional Public Open Space contributions received as a result of greater construction volumes and higher land valuation than budgeted. (Refer note 3), and partially offset by unfavourable variance from Capital Works contribution incomes.

NOTES: Full Year (FY) Forecast - Major Variances

The operating forecast as at 31 December 2018 is a surplus of $6.965m which is $1.758m favourable than budget ($5.207m).

The significant contributions to the full year forecast variance are:




9. Grants: Operating $0.407m under budget.

Approximately 50% of 2018/19 Victoria Grants Commission (VGC), $2.031m in total, had been brought forward and recognised in the 2017/18 financial year. General Purpose Grants (operating grant) and Local Roads Funding (capital grant) were $1.551m and $0.480m respectively. The budget was set prior to the advanced payment being announced. This has now resulted in a total shortfall of $1.873m in current year’s grant income, $1.416m in operating and $0.457m in capital, when compared with budget (and after accommodating CPI adjustments).

Under the Early Childhood Portal, the government grants for child care and preschools are estimated to be $0.732m over budget. Although this additional income will be partially offset by parent fees, the combined income will be $0.173m more than budget.

This year, Council is being given additional government grants to expand Maternal & Child Health (M&CH) programs. These grants include $0.112m for M&CH Parent Support Program announced after the 18/19 budget was set, and additional $0.062m to expand the current Enhanced Home Visiting program.

10. Grants: Capital $1.692m above budget. Council forecasted to receive a total of $2.000m of capital grants in 2018/19 to improve 8 preschools’ assets including Greensborough preschool ($1.600m). The capital grant expected in 2017/18 is now confirmed for receipt this financial year and will result in a favourable variance of $2.000m in the income statement (Table 1). This favourable variance is partially offset by the shortfall of VGC capital grant as noted above.

11. Statutory fees and charges $0.335m over budget. The parking management function was outsourced in 2017 with performance indicators identified as a key component of the contract. The income has exceeded the YTD performance, and it is projected that Council will receive $0.220m of additional revenue from the contractor. The town planning permit fee is forecasted to be $0.260m above budget due to higher development costs and additional amendment applications than expected.

12. User Fees and Charges $1.091m over budget. The transfer station is forecasted to generate additional gate fee income of $1.517m from its’ commercial customer base (also refer to note 17 for associated costs). The utilisation of parking metres in Heidelberg area is higher than anticipated, and forecasted $0.109m more than budget. Parent fees from child care and preschools are $0.559m below budget, however fully subsidised by additional Federal grants.

13. Contribution income is $1.793m above budget. The Public open space contribution income is $1.650m greater than expected as the number of planning applications received has increased against budget, and higher land valuations have also contributed to the favourable variance. The majority of public open space contributions are for developments in Heidelberg West, Heidelberg and Ivanhoe areas. A total of $0.100m of contribution from Manningham City Council regarding Emergency Management including




$0.080m received in September is forecasted in 2018/19, but budgeted in June 2018.

14. Interest income is forecast to be $0.460m above budget. The additional interest income is mainly due to Council holding more cash than projected from the beginning of the financial year, and achievement to date of a higher weighted average rate of return than budgeted.

15. Other income is $0.851m more than budget.

Council has estimated to receive approximately $0.300m from State Revenue Office as reimbursement for the involuntary redundancies of Council’s in-house property valuation team due to the current implementation of the State Government’s property rate valuation reform (refer note 16).

Council received $0.104m unbudgeted funding from the State Government as a recycling cost reimbursement to support Council due to the ban by China on recyclable material.

Council received an additional $0.266m of cash for disposing of Right of Ways and miscellaneous assets.

16. Employee Benefit expenditure is $0.643m above budget.

Council is restructuring key roles to assist in the roll out the digital transformation strategy and complying with the changes from the State Government regarding property rate valuation. Funding from the State Revenue Office will offset the costs associated with the involuntary redundancies of Council’s in-house property valuation team (refer note 15).

The forecast for the annual WorkCover premium is $0.700m below the budget based on the invoice received by Council for the 2018/19 financial year.

The saving from vacant positions has partially offset the additional employee costs.

17. Materials, contracts, and services: $4.522m above budget.

Council approved $1.200m additional funding and resources to support Council’s input to the Environmental Effects Statement process and advocacy to North East Link Authority, also contributing $0.050m to match the North East Link Authority funding commitment (Council meeting held 6 August 2018). The total unbudgeted $1.250m is reflected as additional consultancy costs in the forecast.

Unspent grants and initiative projects have been carried forward into 2018/19 as these project were not completed in 2017/18. These projects have a total cost of $1.303m (and include agency, consultancy and contractor costs).




Agency cost is forecasted to be $0.777m over budget and is used in lieu of employee benefit costs. This additional expenditure is anticipated to be partially offset against the cost savings from job vacancies across Council.

Waste disposal and transport costs have been increased by $1.447m, supported by the additional increase in the transfer station gate fees. The increased income is reported in note 12.

18. Contribution expense is $0.462m below budget. The contribution to the La Trobe Sport Precinct (Basketball Stadium) has now been agreed with the University. Under the new arrangement $2.000m has been rescheduled from the 2017/18 financial year to 2018/19 and $2.500m of current year budget to 2019/20.

19. Other expense: $0.408m less than budget – Under the new guides from Fines Victoria, there is no time limit on outstanding infringement debts. Council reassessed the new doubtful debt which is estimated to be $0.270m less than budgeted. $0.067m of budgeted land tax for 1 Flintoff commercial property is now forecasted to be reimbursed by the tenant.

20. Non-recurrent Capital grant is $2.150m above budget due to the additional State government funding to support preschool Capital Works projects. Refer note 10.

21. Capital contributions – $1.720m above budget mainly due to additional Public Open Space Contribution income expected during the year.

TABLE 2 - Council Resolutions: impact on financial performance

The table below lists 2018/19 resolutions carried by Council as at 31 December 2018 which will have an impact on the financial statements.

Resolution Description EFT Impact on Forecast $'000

CO2018/176

Additional support to Council's input to the Environmental Effects Statement process and advocacy to the North East link Authority

Materials, contracts & services

1,250

CO2018/233 Ivanhoe Sports Precinct Plan Materials, contracts &

services60

Note 1 Amount included in income statement - Table 1 - Total Operating 1,310




TABLE 3 - Capital Works Expenditure

YTD Actual

$000

YTD Budget

$000

YTD Variance

$000 Forecast

$000

Annual Budget

$000

Annual Variance

$000

Infrastructure

Roads, streets and bridges 4,292 4,132 (160) 7,959 7,155 (803)

Drainage 193 458 265 697 1,090 393

Parks and gardens 2,535 2,951 416 7,224 6,562 (662)

Playgrounds 191 201 10 680 565 (115)

Total infrastructure 7,211 7,742 531 16,560 15,372 (1,187)

Property

Freehold land 4,369 500 (3,869) 4,369 1,000 (3,369)

Freehold buildings 4,300 2,635 (1,665) 23,375 21,191 (2,184)

Total property 8,669 3,135 (5,534) 27,744 22,191 (5,553)

Plant and equipment

Motor vehicles 2,166 4,260 2,094 10,805 7,241 (3,564)

Plant and equipment 1,099 500 (599) 2,134 1,492 (642)

Furniture and fittings 100 55 (45) 256 235 (21)

Total plant and equipment 3,365 4,815 1,450 13,195 8,968 (4,227)

Other assets

Intangible assets 25 200 175 656 500 (156)

Art collection 142 75 (67) 164 155 (9)

Total capital works expenditure 19,412 15,967 (3,445) 58,319 47,186 (11,132)

Capital Works Expenditure (cont.)

The YTD capital works expenditure exceeds the adopted budget. The actual spend YTD includes the unbudgeted property acquisition of $4.724m (two property settlements in Bellfield and Heidelberg West).

The amount of capital works expenditure carried forward to the 2018/19 financial year was $8.335m and has been reflected in the forecast variance when comparing the adopted budget. Throughout the first 6 months, Council has resolved to allocate additional funds to assist in delivering particular projects. Some projects are estimated to be carried over into the next financial year (2019/2020). In addition, Council invested $4.724m of unbudgeted funds in a significant strategic property investment which also resulted in the forecast variances.




Programme status

The current delivery status of the Council’s adopted 2018/19 capital works programme is illustrated by the table below.

Programme status Number of projects

Total number of projects completed YTD 2018/19 128

Total number of projects commenced but not completed YTD 2018/19 174

Total number of projects not started YTD 2018/19 4Total number of projects programmed to be delivered in 2018/19 (minus deferred projects) 306

Total number of projects deferred YTD 2018/19 6

Key Capital Projects completed during 2018/2019 July 18 – December 18

AC replacement at various council buildings. Watsonia North Pre-school upgrade. Drainage rehabilitation at various sites. Cricket net upgrade at Whatmough Park. Greensborough tennis club, lighting upgrade. Footpath in Anthony Beale reserve. Children’s crossing in Watsonia and Ivanhoe. Main Street, Greensborough streetscape renewal. Bendoran crescent indented parking bays. 95% of Councils re-sheeting programme. Painting works at various sites. Drainage hot spot programme. Accessible bays in Grimshaw St, Greensborough. WaterMarc Pool concourse improvements. Fairy Hills Preschool refurbishment. Possum Hollow café facility. Bugundy Street streetscape upgrade. Interim customer service centre Ivanhoe.

$-

$10

$20

$30

$40

$50

$60

$70

Jul-18 Aug Sep Oct Nov Dec-18 Jan Feb Mar Apr May Jun-19

Mill

ion

sCapital Works Expenditure

YTD Budget YTD Actual Forecast




Investment Activity

The official cash rate is 1.50% and remains unchanged since August 2016.

The current short-term term deposit interest rates held by Council are in the range of 2.70% to 2.85%. The weighted average return to date after including 11AM account and at call deposits is 2.76% (budgeted interest rate: 2.60%).

The cash balance was $14.708m higher at the start of the year than what was originally budgeted. $10.710m of this variance is related to funding allocated to capital and initiative projects not completed in 2017/18 which have been carried forward into 2018/19. The Council’s operating business activities generated approximately $5.000m of surplus than anticipated. Council utilised $1.650m of the surplus funds from 2017/18 to fully payout two outstanding loans in the previous financial year. Listed $14.133m in original.

These variations to budget have returned a cash balance of $14.133m above the adopted budget as at 31 December 2018.

Rate instalment payment dates are in September, November, February & May.

Note: The restricted funds include statutory reserves, refundable deposits and trust funds. The allocated funds include discretionary reserves, long serve leave provision, unexpended grants and contributions, and cash held to fund carried forward capital works. Restricted funds are not expected to change throughout the year.

The duration of the term deposits range between 6 months to 1 year. Banyule City Council aim to spread maturities throughout the year to match cash outflows. Income from rates will supplement other inflows from which to pay staff salaries and supplier invoices during the year.

All cash investments are directly invested by Council in Australian financial institutions in accordance with our investment policy, using the Standard & Poors (S&P) short term credit rating. The portfolio diversification of investments is outlined in the chart below:

$60

$80

$100

$120

$140

Mill

ion

s

Cash Investments

Restricted/Allocated funds Total funds Budget




Rates Outstanding

For the 2018/19 year Banyule City Council has levied in total $101.74m in rates revenue (includes waste charges from the schedule of fees and charges and excludes the fire services property levy). The total outstanding balance as at 31 December 2018 is $49.46m representing 46.11% of the total levied rate income.

The outstanding balance has reduced by 4.68% during the month. This is reasonable in a non-rate instalment month, and consistent with prior year.

Accounts Receivable

The accounts receivable function of Council raises revenue and collects payments for Children's centres, Aged & Disability services, Health Department, Leisure bookings, Banyule BPI and sundry accounts. (This function does not include revenue for the Planning Department, Animal Registrations and Parking Infringements as these are currently decentralised).

BOQ, 25%

Bendigo, 25%

Bank West, 16%

NAB, 17%

BOM, 9%

Suncorp, 8%

Portfolio diversification

0%

20%

40%

60%

80%

100%

Rates Outstanding as Percentage of Levied Rates

2017/2018 2018/2019




As at 31st December 2018, the total outstanding debtors balance is $3.357m compared to $2.743m in November 2018, and more than the balance of December 2017 ($2.905m).

The November BAS was lodged in the mid-December, and the $0.821m of credit was not received until 7 January 2019. This resulted in a higher debtor’s balance in the current category. From Oct 2018 accounts receivable commenced to invoice BLFM room and court bookings directly.

Council is in negotiations with the Level Crossing Removal Authority (LXRA) regarding a one-off net payment associated with all construction works at Rosanna Station. To date approximately $0.425m of monies have been invoiced by Council for specific works and services and Council has agreed to pay $0.115m for works undertaken by LXRA. The net amount is expected to be paid once all amounts are reconciled between the parties involved in the negotiations. The total amount owed to Banyule by LXRA is reported in the ‘120 days & Over’ category.

The invoicing for the Recycling Centre rental to Visy is now being raised monthly (prior year annually). This change has resulted in a reduction of $0.380m on the 120 Days balance when comparing last years’ results.

TABLE 4 - Balance Sheet

2018/19 2018/19

31-Dec-18 30-Nov-18

$'000 $'000

Assets

Current assets

Cash and cash equivalents 6,022 12,260

Trade and other receivables 56,677 62,705

Other financial assets 121,050 116,050

Inventories 51 51

$-

$0.20

$0.40

$0.60

$0.80

$1.00

$1.20

$1.40

$1.60

$1.80

Current 30 Days 60 Days 90 Days 120 Days & Over

Mill

ion

s

Accounts Receivable

31/12/2018 31/12/2017 30/11/2018




Non-current assets classified as held for sale 29 29

Other assets 1,373 1,373

Total current assets 185,202 192,468

Non-current assets

Trade and other receivables 270 270

Investments in associates and joint ventures 3,473 3,473

Property, infrastructure, plant and equipment 1,593,566 1,592,410

Intangible assets 1,160 1,182

Investment Property 12,115 12,115

Total non-current assets 1,610,584 1,609,450

Total assets 1,795,786 1,801,918

Liabilities

Current liabilities

Trade and other payables 10,350 9,690

Provisions 15,033 14,953

Interest-bearing loans and borrowings 1,498 1,502

Trust funds and deposits 2,180 2,180

Total current liabilities 29,061 28,325

Non-current liabilities

Provisions 507 507

Interest-bearing loans and borrowings 33,535 33,654

Trust funds and deposits 817 817

Total non-current liabilities 34,859 34,978

Total liabilities 63,920 63,303

Net assets 1,731,866 1,738,615

Equity

Accumulated surplus 513,905 520,654

Reserves 1,217,961 1,217,961

Total equity 1,731,866 1,738,615

TABLE 5 - Statement of Cash Flows

2018/19 2018/19

31-Dec-18 30-Nov-18

$'000 $'000

Inflows Inflows

(Outflows) (Outflows)

Cash flows from operating activities

Receipts:

Rates and charges 53,715 50,104




Grants - operating 6,127 5,234

Grants - capital 424 424

Statutory fees and fines 4,855 3,821

User fees and charges 11,456 9,769

Contributions - monetary 2,528 2,336

Interest received 2,591 2,310

Rental income 1,241 1,034

Other receipts 686 634

Payments:

Employee costs (31,878) (26,873)

Materials and services (22,791) (20,456)

Utility charges (1,609) (1,254)

Other payments (4,552) (4,467)

Net cash provided by operating activities 22,793 22,616

Cash flows from investing activities

Payments for property, infrastructure, plant and equipment

(19,412) (16,429)

Proceeds from sale of property, plant and equipment 468 317

Net (purchases)/redemption of financial assets 750 4,000

Net cash (used in) investing activities (18,194) (12,112)

Cash flows from financing activities

Borrowing costs - interest (1,293) (1,082)

Repayment of borrowings (710) (588)

Net cash (used in) financing activities (2,003) (1,670)

Net increase/(decrease) in cash and cash equivalents

2,596 8,834

Cash and cash equivalents at the beginning of the financial year

3,426 3,426

Cash and cash equivalents at the end of the month 6,022 12,260

Note: ‘Cash and cash equivalents’ does not include ‘Other financial assets’ – Table 4: Balance Sheet

CONCLUSION

Banyule City Council has forecast to deliver an operating surplus of $6.965m against the adopted budget of $5.207m for the year ended 30 June 2019.

ATTACHMENTS

Nil



7.2 AWARD OF CONTRACT NO: NR-0969-2018 FOR PROVISION OF SECURITY SERVICES - NORTHERN REGION COLLABORATION

Author: Sonali Cordeiro - Procurement CoOrdinator, Corporate Services

EXECUTIVE SUMMARY

This report is to consider the awarding of Contract No NR-0969-2018 for the Provision of Security Services.

Banyule City Council in collaboration with 4 Northern Region Councils led the tendering process to seek submissions from suitably qualified and capable contractors to provide Security Services to the 5 municipalities.

The 5 participating Councils require the provision of Security Services across approximately 235 sites comprising offices, facilities and reserves, of which Banyule has a total of 49 sites.

Tenderers were also requested to submit a response that delivers social and economic initiatives to the Northern Region Community, providing employment for residents from disadvantaged backgrounds such as young school leavers, new migrants, long term unemployed etc.

The Contract term sought is a 7 year term, with an initial period of 3 years with the option to extend for further periods of any duration up to a maximum period of 4 years.

The tender was advertised in The Age and on Council’s web site. 15 submissions were received by closing time.

All tenders were analysed by the Tender Evaluation Panel (TEP) comprising officers from each participating Council’s Business Operation and Procurement Units.

During the detailed tender evaluation process multiple shortlisting rounds and clarifications to obtain further information about the tender submissions were undertaken. Negotiations were held with shortlisted tenderers who were requested to review their submitted prices and submit their best and final offer after negotiations were conducted with each of them.

The anticipated expenditure on this contract is forecasted to be $786,456 (for routine and reactive services) over the expected 7 year contract period. It is expected that Council will also save an estimated $685,040 over the full term of the contract. This contract will also deliver social outcomes by creating employment for 1.5 FTE’s from disadvantaged backgrounds in the Banyule Community in partnership with Brotherhood of St Laurence and Specialised Recruitment Service at no further cost to Council.

The Tender Evaluation Panel (TEP) has recommended awarding the contract to Southern Cross Protection Pty Ltd in accordance with the tender and conditions as determined by Council.


AWARD OF CONTRACT NO: NR-0969-2018 FOR PROVISION OF SECURITY SERVICES - NORTHERN REGION COLLABORATION cont’d


RECOMMENDATION

That:

1. Contract No. NR-0969-2018 for the Provision of Security Services be awarded to Southern Cross Protection Pty Ltd for a lump sum of $412,114.15 for Routine Security Services and on a schedule of rates basis for Reactive Security Services. The contract is over a 3 year period with an extension option for a further 4 year period at Council’s discretion.

2. The Common Seal of the Banyule City Council be affixed to the Contract Agreement.

3. Council Officers be authorised to award an extension of this Contract, subject to review of the Contractor’s performance and Council’s business needs, at the conclusion of the initial 3 year Contract term.

COUNCIL PLAN

This report is in line with Banyule’s Council Plan key direction to “plan and manage the systems and assets that support Council’s service delivery”.

BACKGROUND

In October 2017 the Northern Region (Melbourne’s north) Group of Councils entered into a collaboration to deliver economic, social and value for money benefits for the residents and businesses in the region. As part of this joint effort, a Request for Tender (RFT) for the Provision of Security Services was developed collaboratively by five (of seven) Northern Region Councils:

Banyule City Council Darebin City Council Mitchell Shire Council Moreland City Council Whittlesea City Council.

Banyule was appointed to act as tendering agent on behalf of Darebin, Mitchell, Moreland and Whittlesea for the purpose of seeking tenders for the Contract.

Council sought submissions from suitably qualified and capable contractors to provide Security Services as follows:

Routine Security Services – security equipment maintenance, security monitoring, security patrol and lock/unlock services; and

Reactive Security Services - security equipment maintenance call-outs, security alarm response call-outs, lock/unlock services, security patrol and guarding services.

The 5 participating Councils require the provision of Security Services across approximately 235 sites comprising offices, facilities and reserves, of which Banyule has a total of 49 sites.




Tenderers were also requested to submit a response that delivers social and economic initiatives to the Northern Region Community, providing employment for residents from disadvantaged backgrounds such as young school leavers, new migrants, long term unemployed etc.

The Contract term sought is a 7 year term, an initial period of 3 years with the option to extend for further periods of any duration up to a maximum period of 4 years.

The tender was advertised in The Age on Saturday 18 August 2018 and on Council’s website. A briefing session for tenderers was conducted on 27 August 2018. The Brotherhood of St Laurence and MEGT were invited to present at the briefing to provide tenderers with options to explore partnerships to deliver social outcomes for the Northern Region Community. Tenders closed at 3:00 pm, Tuesday 25 September 2018 and 15 submissions were received by the closing time.

LEGAL CONSIDERATION

Section 186 of the Local Government Act 1989 (Act) requires councils to undertake a competitive process to test the market by giving public notice and invite tenders before entering into a contract when the value of the contract is equal to or greater than:

$150,000 (including GST) for contracts for the purchases of goods or services; or $200,000 (including GST) for contracts for the carrying of works.

These thresholds have been set in alignment with the thresholds that apply to State Government and are reviewed from time to time. The threshold for the ‘carrying out of works’ was set by Ministerial Direction by order in Council dated 5 August 2008.

The awarding of this contract complies with the tendering provisions of Section 186 of the Local Government Act 1989.

Additional confidential information is contained in Attachment 1, as circulated in the confidential section of the agenda attachments. This is in accordance with Section 89(2) of the Local Government Act 1989, as the information relates to contractual matters and premature disclosure of the information could be prejudicial to the interests of Council or other persons. This item has been included in the public agenda to facilitate transparency and accountability in Council's decision making.

BANYULE PROCUREMENT POLICY

Council’s Procurement Policy is made under Section 186A of the Local Government Act 1989.

The purpose of this Policy is to:

provide policy and guidance to the Council to allow consistency and control over Procurement activities;

demonstrate accountability to ratepayers; provide guidance on ethical behaviour in public sector purchasing; demonstrate the application of elements of best practice in purchasing; and




increase the probability of obtaining the right outcome when purchasing goods and services.

The Act and the Procurement Policy of Council are the primary reference points for how all procurement should be performed.

The process for inviting quotations and evaluation was undertaken in accordance with the Policy.




TENDER/QUOTATION EVALUATION

Tender Evaluation CriteriaAll submitted tenders were evaluated using the following evaluation criteria which was listed in the tender documents: Tendered price; Capacity of tenderer to undertake services including:

o operational resources including technicians, guards & sub-contractors, patrol vehicles on duty 24/7

o office staffing helpdesk, admin levels, number of people back of house to run the Contract (including sub contract management and staff)

o management staffing to be able to supervise both contract execution and daily work.

Capability of the tenderer to undertake the services including: o demonstrated technical ability and previous experience o skills, qualifications and experience of staff and sub-contractors nominated o appropriate reporting systems, customers service systems/processes &

asset lifecycle management systems. Previous experience in the provision of similar services, including referee

feedback Existence of an accredited management system and procedures covering

Reporting, Quality and OH&S Demonstration of environmental, social and economic sustainability Any other factor considered relevant by the relevant participating Council.

In evaluating tenders, each participating Council also took into account the extent to which a tender demonstrates solutions that will or may provide any or all of the following benefits: Promotion of the social, economic and environmental viability and sustainability

of the municipal district Improvement of the overall quality of life of people in the Northern Metropolitan

Region of Melbourne Promotion of appropriate business and employment opportunities of people in

the Northern Metropolitan Region of Melbourne.




Prior to the close of tenders a Tender Evaluation Plan and Probity Plan were prepared and agreed by the Tender Evaluation Panel (TEP), comprising of officers from each participating Council’s Business Operation and Procurement Units. Each Council applied weightings to criteria based on their respective Procurement Policy. Banyule, Mitchell and Moreland applied the same weightings to the criteria, whilst Darebin and Whittlesea nominated different weightings. The TEP evaluated each tender using a weighted matrix based on financial, technical, commercial and other criteria discussed further in this report.

Panel members for each Council undertook individual scoring assessments of the responses against the evaluation criteria and then submitted an agreed set of scores per Council to TEP Chairperson for collation and overall assessment. An overall score per tender per Council was agreed by the TEP.

Tenderers submitted lump sum pricing for Routine Security Services and schedule of rates for Reactive Security Services. The submitted pricing was evaluated on the basis of total cost over the life of the contract (7 years) for each Council. Total cost was calculated using total lump sum pricing for routine services plus total reactive services costs based on estimated volumes applied to a schedule of rates. The tender evaluation panel members individually scored the tenders and then a tender evaluation panel meeting was held to agree on the consensus scores.

An evaluation matrix was prepared detailing the weightings and scores for each criteria from the fifteen (15) submissions per Council.

During the tender evaluation process all tenderers were requested to clarify the pricing. After initial price clarifications and scoring assessment the tenders were subject to shortlisting based on the top 5 ranked tenderers for each Council based on the overall weighted matrix, resulting in 9 tenderers being shortlisted for technical (non-price) clarifications.

Post technical clarifications the TEP re-assessed the shortlisted tendered responses and agreed to invite the 9 shortlisted tenderers for tender negotiations. The shortlisted contractors were requested to review their submitted prices and submit their best and final offer after negotiations were conducted with each of them.

The Councils also undertook reference checks on the 9 shortlisted tenderers after which the TEP carried out a further evaluation, using the weighted evaluation matrix. Subsequently an independent financial assessment was undertaken of the preferred tenderer.

The following table shows the final weighted scores of the tendered responses for Banyule City Council only:

Table 1 – Final Weighted scores

Contractor Final Matrix Score

Southern Cross Protection Pty Ltd 82.90

Tenderer B 74.23

Tenderer C 74.06




Table 1 – Final Weighted scores

Tenderer D 71.77

Tenderer E 71.46

Tenderer F 71.44

Tenderer G 66.49

Tenderer H 64.96

Tenderer I 64.25

Tenderer J 61.66

Tenderer K 45.85

Tenderer L 43.60

Tenderer M 25.17

Tenderer N 23.54

In undertaking the assessment, all members of the TEP completed and signed the Conflict of Interest and Confidentiality declaration.

It is evident from the above weighted scores that Southern Cross Protection Pty Ltd has obtained the highest score, and will deliver best value for money to Banyule City Council.

Probity Audit

A Probity Plan was prepared by Banyule for all councils. Lance Clark - Nillumbik Procurement Coordinator – was appointed as Probity Advisor for the tender as Nillumbik Council was independent to the tender process. The Probity Advisor has confirmed that “Probity has been adhered to throughout the process and there are no areas of concern”.

Social Procurement

Southern Cross Protection Pty Ltd has committed to employ 1.5 FTE’s from disadvantaged backgrounds in the Banyule Community in partnership with Brotherhood of St Laurence and Specialist Recruitment Service at no further cost to Council. 0.5 FTE will be assigned directly to servicing the contract for Banyule City Council, whilst 1 FTE will be assigned to other Southern Cross Protection contracts.

Savings

Based on Banyule’s current estimated annual spend on security services, it is forecasted that savings of $685,040 can be achieved over the term of the contract.

CONTRACT DURATION

The Initial Contract Term shall be for a maximum initial period of 3 years with the option to extend for further periods of any duration up to a maximum extension period




of 4 years. Exercising the optional extension period(s) shall be at the sole discretion of Council and subject to the Contractor’s satisfactory performance during the Initial Contract Term.


Funding for Security Services is primarily associated with the Assets and City Services operational budgets, however Security Services are sought from various Council service units. The approximate value of Security Services for the organisation is forecasted to be $786,456 (inc GST) over the 7 year maximum term of the contract.




CONCLUSION

As a result of the quotation evaluation, the Tender Evaluation Panel recommends that Council award Contract No. NR-0969-2018, to Southern Cross Protection Pty Ltd for the Provision of Security Services on a lump sum basis for Routine Security Services and on a schedule of rates basis for Reactive Security Services for a forecasted total contract value of $786,456 (including. GST, CPI adjustments in contract extension period).

ATTACHMENTS

No. Title Page

1 Security Services - Contract Award Summary - CONFIDENTIAL



7.3 ASSEMBLY OF COUNCILLORS

Author: Rhylie De Graaff - Governance Support Officer, Corporate Services

EXECUTIVE SUMMARY

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

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

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

been delegated to a person or committee.

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

RECORD OF ASSEMBLIES

1 Date of Assembly: 21 January 2019

Type of Meeting: Councillor Briefing

Matters Considered: 6.1 Award for Contract 0944-2018 for Construction of a Library, Cultural Hub and associated works at 275 Upper Heidelberg Road Ivanhoe

Councillors Present: Peter Castaldo Mark Di Pasquale Rick Garotti Craig Langdon Tom Melican Wayne Phillips Alison Champion

Staff Present: Allison Beckwith – Director Community Programs Geoff Glynn – Acting Chief Executive Officer/Director Assets & City Services Gina Burden – Manager Governance & Communications Emily Outlaw – Governance Team Leader Roberta Colosimo – Manager Youth & Family Services Arun Chopra – Manager Major Projects Tania O’Reilly – Manager Finance & Procurement

Others Present: Nil

Conflict of Interest: Nil


ASSEMBLY OF COUNCILLORS cont’d


2 Date of Assembly: 2 February 2019

Type of Meeting: Councillor Strategic Planning

Matters Considered: Long-term Financial Sustainability Service opportunities / efficiencies going

forward Climate Action North East Link


Staff Present: Simon McMillian – Chief Executive Officer Allison Beckwith – Director Community Programs Marc Giglio – Director Corporate Services Geoff Glynn – Director Assets & City Services Scott Walker – Director City Development

Others Present: Nil



Type of Meeting: Confidential Briefing - Councillor Strategic Planning

Matters Considered: Contractual matters



Others Present: Nil




Matters Considered: 3.1 Nets Stadium – Additional Courts Project 3.2 Advisory Committee’s Report – December

2018




5.1 17-23 The eyrie, Eaglemont – Tree Removal and Amendments to Dwelling (P172/2017)

5.2 Adoption of Planning Scheme Amendment C114

6.1 Nominees for Council Advisory Committees for 2019 and 2020 – Terms of Reference of Advisory Committees

7.1 3 Wimpole Crescent, Bellfield – Lease Property 7.2 Report on property transactions for the six

months ending 31 December 2018 7.3 Audit & Risk Advisory Committee – Minutes 13

September 2018 & 7 December 2018 7.4 Contract No Q763 & Q764 for Supply and

Delivery of Two 29m3 Side Loading Recycling Trucks

7.5 Assembly of Councillors 8.1 Rear 162 Main Street Lower Plenty 9.1 Banyule City Council App General Business Adelaide National Conference Internship Program Qwere Street Festival


Staff Present: Simon McMillian – Chief Executive Officer Allison Beckwith – Director Community Programs Marc Giglio – Director Corporate Services Scott Walker – Director City Development Gina Burden – Manager Governance & Corporate Services Vivien Ferlaino - Customer Service & Governance Co-ordinator

Others Present: Joel Elbourne – Manager of Building & Planning James Stirton – Manager of Environment & Place Shawn Neilsen – Communications Coordinator




Matters Considered: Belfield Masterplan Consultation Findings

North East Link

Update on Victorian Aboriginal Treaty Developments

Budget Update 2019/20

Capital Works

Councillors Present: Peter Castaldo Alison Champion




Mark Di Pasquale Rick Garotti Craig Langdon Tom Melican Wayne Phillips

Staff Present: Simon McMillian – Chief Executive Officer Allison Beckwith – Director Community Programs Marc Giglio – Director Corporate Services Geoff Glynn – Director Assets & City Services Scott Walker – Director City Development Kerryn Woods – Executive Assistant CEO & Councillors James Stirton – Manager Environment & Place Amanda Allen – Acting Manager Property Darren Bennett – Manager Leisure, Recreation & Culture Services Paul Bellis – Transport Planning & Advocacy Coordinator Jonathan Risby – Manager Transport Theonie Tacticos – Community & Social Planning Coordinator Nicole Findlay – Reconciliation Developments Projects Officer Lisa Raywood – Manager Health, Aged & Community Planning Catherine Simcox – Senior Community Services Development Officer Tania O’Reilly – Manager Finance & Procurement James Kelly – Manager Delivery & Assets

Others Present: Duncan Elliott – North East Link Authority Sebastian Motta - North East Link Authority Mark Ho - North East Link Authority Jennifer Howard - North East Link Authority Charles Pakana – Aboriginal & Torres Strait Islander Advisory Committee



Type of Meeting: Confidential Councillor Briefing

Matters Considered: Confidential Matters

Councillors Present: Peter Castaldo Alison Champion Mark Di Pasquale Rick Garotti Craig Langdon Tom Melican Wayne Phillips





Kerryn Woods – Executive Assistant CEO & Councillors Darren Bennett – Manager Leisure, Recreation & Culture Services Paul Bellis – Transport Planning & Advocacy Coodinator Jonathan Risby – Manager Transport

Others Present: Nil


RECOMMENDATION

That the Assembly of Councillors report be received.

ATTACHMENTS

Nil

Sealing of Documents


8.1 REAR 162 MAIN STREET, LOWER PLENTY

Author: Amanda Allen - Property Coordinator, City Development

Ward: Hawdon

RECOMMENDATION

That the Common Seal of the Banyule City Council be affixed to the Lease between Banyule City Council and the Veteran and Community Men’s Shed Inc. for the premises located at 162 Main Road, Lower Plenty, for the period commencing 1 July 2017 and expiring 9 September 2020.

The following documents require the affixing of the Common Seal of Council:

1 PARTY\PARTIES: Banyule City Council and the Veteran and Community Men’s Shed Inc.

OFFICER: Amanda Allen FILE NUMBER: F2013/1261 DOCUMENT: Lease ADDRESS: 162 Main Road, Lower Plenty WARD: Hawdon BRIEF EXPLANATION: Council is the owner of land at 162 Main Road, Lower

Plenty, upon which is constructed a shed that is occupied by Veteran and Community Men’s Shed (“the Club”).

The Club has been over holding under an expired lease since 30 June 2017. A new lease has been negotiated commencing 1 July 2017 and expiring 9 September 2020.

Under the newly adopted Lease and Licence Framework, a nominal rent of $120.00 per annum with annual 2% increases has been applied. Council should support entering into and formally ratifying the Lease by resolving to affix its Common Seal to the Lease.

ATTACHMENTS