city of knox · 5.1 committees & delegates (cont’d) 5.1.6 councillor john mortimore...

KNOX CITY COUNCIL MINUTES

Ordinary Meeting of Council

Held at the Civic Centre

511 Burwood Highway Wantirna South

On

Wednesday 27 April 2011

KNOX CITY COUNCIL

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

ON WEDNESDAY 27 APRIL 2011 AT 7.02P.M.

PRESENT:

Cr S McMillan (Mayor & Chairperson) Dobson Ward Cr J Mortimore Chandler Ward Cr J Cossari Collier Ward Cr A Gill Dinsdale Ward Cr A Walter Friberg Ward Cr D Cooper Scott Ward Cr D Pearce Taylor Ward Cr M Van de Vreede Tirhatuan Ward Mr G Emonson Chief Executive Officer Mr I Bell Director – Engineering &

Infrastructure Mr P Dickie Acting Director - City Development Mr M Dupe Director – Corporate Development Ms K Stubbings Director – Community Services

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

“Knox City Council acknowledges we are on the

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

COUNCIL 27 April 2011 BUSINESS: Page Nos. 1. APOLOGIES AND REQUESTS FOR LEAVE OF ABSENCE Councillor Cole has previously been granted Leave of Absence for

this Evening’s Meeting. Councillor Mortimore sought Leave of Absence from Council for the period

16 May to 13 June 2011.

MOVED: CR. COOPER SECONDED: CR. COSSARI

That Councillor Mortimore be granted Leave of Absence for the period 16 May to 13 June 2011. CARRIED

2. DECLARATIONS OF CONFLICT OF INTEREST Councillor Van de Vreede declared a direct interest pursuant to Section 77B

of the Local Government Act 1989 in Item 11 on the Agenda on the grounds that he lives within the Stud Park Structure Plan Study Area.

3. CONFIRMATION OF MINUTES

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

held on Tuesday 22 March 2011 CARRIED MOVED: CR. WALTER SECONDED: CR. COOPER 3.2 Confirmation of Minutes of Strategic Planning Committee

Meeting held on Tuesday 12 April 2011 CARRIED

COUNCIL 27 April 2011 4. PETITIONS AND MEMORIALS

4.1 Councillor Gill presented a second petition with 374 signatories raising ongoing concerns in regards to the Leisureworks facilities. A similar petition last month was presented with 410 signatories. This totals 784 signatories to this petition.

The Petition lay on the table.

4.2 Councillor Mortimore presented a petition with 886 signatories raising concerns against high density living in Boronia.

The Petition lay on the table.

4.3 Councillor Mortimore provided a memorial tribute on behalf of

Roy Ritchie a long term resident of The Basin, who recently passed away. 5. REPORTS BY COUNCILLORS

5.1

Committees & Delegates

1.

5.2

Ward Issues

3.

6. MOTIONS FOR WHICH NOTICE HAS PREVIOUSLY BEEN GIVEN

6.1

Notice of Motion No 16 – Stud Park Structure Plan (Stage 2)

5.

7. CONSIDERING AND ORDERING UPON OFFICERS’ REPORTS WITHIN THE

CITY DEVELOPMENT GROUP

7.1

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

9.

7.2

Dinsdale Ward Application To Develop The Land For Seven (7) Three Storey Dwellings And One (1) Double Storey Dwelling (Total Of Eight (8) Dwellings) At 633 Mountain Highway, Bayswater, Melway Ref. 64 D4 (Application No. P/2010/6628)

15.

7.3

Dinsdale Ward Proposed Planning Scheme Amendment C104 To Rezone 13 Cullis Parade, Bayswater From Public Use Zone 6 (Local Government) To Residential 3 Zone

43.

7.4

Tirhatuan Ward Opportunity And Options For Better Use Of 3 Rumann Avenue Scoresby And Benedikt Reserve

50.

COUNCIL 27 April 2011 8. PUBLIC QUESTION TIME (Following the completion of business relating to Item 7, City Development, the business before the Council Meeting was deferred to consider questions submitted by the public). 57. 9. CONSIDERING AND ORDERING UPON OFFICERS’ REPORTS WITHIN THE

COMMUNITY SERVICES GROUP

9.1

All Wards Former Ferntree Gully Secondary College Site

63.

9.2

Dinsdale Ward The Bayswater Primary School – Proposed Preschool Partnership With Council

66.

10. CONSIDERING AND ORDERING UPON OFFICERS’ REPORTS WITHIN THE

CORPORATE DEVELOPMENT GROUP

10.1

All Wards Constitutional Recognition Of Local Government

83.

10.2

All Wards Review Of Policy For Bicycle Path/Shared Path On Non Council Owned Land

88.

10.3

Taylor Ward Transfer Of Land Contained In Certificate Of Title Volume 7935 Folio 050 From Guides Victoria To Knox City Council (Melway Ref: 82 D6)

94.

10.4

All Wards Proposed Fees and Charges 2011-12

99.

11. ITEMS FOR INFORMATION

11.1

All Wards Assemblies of Councillors

130.

11.2

All Wards Ward Contingency Fund Allocations for Period 1 January to 31 March 2011

147.

11.3

All Wards Works Report (As At 11 April 2011)

156.

COUNCIL 27 April 2011 12. SUPPLEMENTARY ITEMS 173. 13. URGENT BUSINESS 173. 13.1 Urgent Business 173. 13.1.1 Proposed Boronia Structure Plan & Amendment C62 173.

1 COUNCIL - REPORTS BY COUNCILLORS 27 April 2011

5. REPORTS BY COUNCILLORS

5.1 Committees & Delegates 5.1.1 COUNCILLOR DARREN PEARCE Councillor Pearce attended the following Meetings

• Annual Budget Review (x2) • Chief Executive Performance Evaluation Review 5.1.2 COUNCILLOR ADAM GILL Councillor Gill attended the following Meetings

• Eastern Regional Library – Integration of Children Services with Library Services

5.1.3 COUNCILLOR MICK VAN DE VREEDE Councillor Van de Vreede attended the following Meetings

• Knox Affordable Housing Reference Group • Stamford Park Project Steering Committee • Minister for Planning - Affordable Housing Discussion • Annual Budget Review (x2) • Eastern Transport Coalition • Planning Consultative Committee (x3) • Public Transport Consultative Committee 5.1.4 COUNCILLOR JOE COSSARI Councillor Cossari attended the following Meetings

• Knox Multicultural Advisory Committee • Annual Budget Review (x2) • Audit Committee 5.1.5 COUNCILLOR ANDREW WALTER Councillor Walter attended the following Meetings

• Community Development Fund Evaluation Panel (x2) • Planning Consultative Committee (x2) 5.1.6 COUNCILLOR JOHN MORTIMORE Councillor Mortimore attended the following Meetings

• The Basin Preschool • Housing Advisory Committee (x2) • Healthy Ageing Advisory Committee • Pedestrian Advisory Committee • Mobility Study Workshop • National Sustainable Food Summit (x2)


5.1 Committees & Delegates (cont’d) 5.1.6 Councillor John Mortimore (cont’d) • Knox Disability Advisory Committee • Annual Budget Review (x2) • Community Health & Wellbeing Reference Group • Anzac Day Commemoration Service • Environment Advisory Committee • Planning Consultative Committee • Environment Advisory Committee 5.1.7 COUNCILLOR DAVID COOPER Councillor Cooper attended the following Meetings

• Revegetation Plan (Stamdord Park Homestad) • Stamford Park Project Steering Committee • Knox Multicultural Advisory Committee • Annual Budget Review (x2) • Chief Executive Performance Evaluation Review 5.1.8 COUNCILLOR SUE McMILLAN (MAYOR) Councillor McMillan attended the following Meetings • Angliss Hospital Auxillary’s 71st Annual General Meeting • Revitalising Neighbourhoods • Bayswater Library Project • Local Government Water Sensitive Urban Design Celebration • Sherbrooke Little Athletics Annual General Meeting • Citizenship Ceremony (x2) • Housing Advisory Committee • Knox Central Developments • Eastern Regional Pet Expo Official Opening • Official Opening & Presentation of Award – The Hut Gallery • Youth Mental Health Forum • Knox Disability Advisory Committee • Annual Budge Review (x2) • Chief Executive Performance Evaluation Review • Housing Advisory Committee • Community Health & Wellbeing Reference Group • Audit Committee • MAV – Housing Group Reference Project • Bayswater RSL – Anzac Day Commemoration • Stud Park Residents Meeting • Minister for Planning – Affordable Housing Discussion • Anzac Day Service


5.2 Ward Issues 5.2.1 COUNCILLOR PEARCE (TAYLOR WARD) • Councillor Pearce raised an issue of concern on behalf of residents in the

Stud Park area in relation to the Stud Park structure plan and planning developments in this area.

5.2.2 COUNCILLOR GILL (DINSDALE WARD) • Councillor Gill advised of the release of a recent report on public libraries

entitled “Dollars, sense and public libraries”. Councillor Gill advised of his intention to raise this matter at a future Council meeting

5.2.3 COUNCILLOR VAN DE VREEDE (TIRHATUAN WARD) • Councillor Van de Vreede advised of a recent consultation process

undertaken with residents of the Rowville area regarding a 6 storey development proposal which falls within the Stud Park structure plan.

5.2.4 COUNCILLOR COSSARI (COLLIER WARD) • Councillor Cossari expressed his gratitude that grass had been mown on

Boronia Road, however expressed his disappointment that the contractors had failed to adequately remove the debris within the median strip.

5.2.5 COUNCILLOR WALTER (FRIBERG WARD) • Councillor Walter advised of his frustration with Vicroads over the untidy

state of Council’s arterial road median strips, in particular Ferntree Gully Road. Councillor Walter reinforced that responsibility for maintaining these strips of grass lies with Vicroads and urged displeased residents to contact their Local State Member of Parliament to raise their concerns.

• Councillor Walter encouraged the community to be active and participate in local sports in the upcoming season, such as football, netball and baseball

5.2.6 COUNCILLOR MORTIMORE (CHANDLER WARD) • Councillor Mortimore expressed his concerns regarding the level of high

density development in the Boronia Structure Plan area. Councillor Mortimore advised that he had received a significant amount of calls from residents regarding this issue.


5.2 Ward Issues (cont’d) 5.2.7 COUNCILLOR COOPER (SCOTT WARD) • Councillor Cooper advised of his continued frustration with Vicroads over

the untidy state of Council’s arterial road median strips. Councillor Cooper reinforced that responsibility for maintaining these strips of grass lies with Vicroads and urged displeased residents to contact their Local State Member of Parliament to raise their concerns.

• Councillor Cooper advised that the works involving the sealing of the car park at the Knox Gardens Reserve had commenced. Councillor Cooper advised that funding for the project had been received from the Federal Government as part of their stimulus package.

• Councillor Cooper advised that the work to re-surfacing of ground at Walker Reserve had commenced.

5 COUNCIL 27 April 2011 PROCEDURAL MOTION

MOVED: CR. COOPER SECONDED: CR. WALTER

That Council bring forward consideration of Item 11 on the Agenda as the next item of Business (now Item 6) CARRIED

COUNCILLOR VAN DE VREEDE DECLARED A DIRECT IINTEREST PURSUANT TO SECTION 77B OF THE LOCAL GOVERNMENT ACT 1989 IN ITEM 11 (NOW ITEM 6) ON THE GROUNDS THAT HE LIVES WITHIN THE STUD PARK STRUCTURE PLAN STUDY AREA. COUNCILLOR VAN DE VREEDE VACATED THE CHAMBER AT 7.34PM PRIOR TO DISCUSSION ON ITEM 6

6. MOTIONS FOR WHICH NOTICE HAS PREVIOUSLY BEEN GIVEN 6.1 NOTICE OF MOTION NO. 16 STUD PARK STRUCTURE PLAN (Stage 2) I hereby give notice that it is my intention to move at the next Ordinary Meeting of Council on 27 April 2011 the following motion. That Council 1. Defer public exhibition of Amendment C92 (as resolved at the 8 June 2010

Strategic Planning Committee meeting) until further resolved by Council at a future Council meeting.

2. Conduct a review of the Stud Park Structure Plan (Stage 2) focusing on objectives and planning guidelines relating to built form outcomes in the proposed Substantial and Moderate Change areas to provide greater certainty.

3. Adopt an interim 3 storey height limit (11m) in the proposed Substantial and Moderate Change areas pending the outcome of the Stud Park Structure Plan review.

4. Refer the Stud Park Structure Plan review to the Housing Advisory Committee to ensure the findings are consistent with the Housing Policy review currently underway.

5. Receive a further report with the findings of the Stud Park Structure Plan (Stage 2) review for consideration.

______________________________ Cr Darren Pearce Dated 20 April 2011

6 COUNCIL 27 April 2011 6.1 Motions for which Notice has Previously been Given (cont’d)

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

That Council

1. Defer public exhibition of Amendment C92 (as resolved at the 8 June 2010 Strategic Planning Committee meeting) until further resolved by Council at a future Council meeting.





WITH THE LEAVE OF THE MEETING THE AMENDED NOTICE OF MOTION NO 16 WAS WITHDRAWN

MOVED: CR. PEARCE SECONDED: CR. McMILLAN

That Council







AMENDMENT MOVED: CR. COOPER SECONDED: CR. GILL

That Council






THE AMENDMENT WAS PUT AND CARRIED THE AMENDMENT BECAME THE MOTION THE MOTION WAS PUT AND CARRIED


PROCEDURAL MOTION

MOVED: CR. PEARCE SECONDED: CR. MORTIMORE

That Council grant Councillor Gill an extension of time to speak under Clause 47 of the Meeting Procedure and Use of Common Seal Local Law 2008. CARRIED

COUNCILLOR VAN DE VREEDE RETURNED TO THE CHAMBER AT 7.57PM AFTER THE VOTE AND PRIOR TO DISCUSSION ON ITEM 7.1

9 COUNCIL – CITY DEVELOPMENT 27 April 2011 COUNCILLOR WALTER VACATED THE CHAMBER AT 7.57PM DURING DISCUSSION ON ITEM 7.1 COUNCILL MORTIMORE VACATED THE CHAMBER AT 7.57PM DURING ON ITEM 7.1

ALL WARDS

7.1 REPORT OF PLANNING APPLICATIONS DECIDED UNDER DELEGATION

SUMMARY: Manager – City Planning (Paul Dickie)

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

RECOMMENDATION

That the planning applications decided under delegation report (between 1 March to 31 March 2011) be noted.

REPORT Details of planning applications decided under delegation from 1 March to 31 March 2011 are attached. The applications are summarised as follows:

Application Type No

Building Extensions: Residential Other

6 1

Units 18

Dwelling 3

Tree Removal/Pruning 33

Subdivision 7

Industrial 2

Change of Use 3

Fence 1

TOTAL 74

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

That the planning applications decided under delegation report (between 1 March to 31 March 2011) be noted. CARRIED

10 COUNCIL – CITY DEVELOPMENT 27 April 2011

Knox City Council Planning Applications Decided by Responsible Officer

1 March 2011 to 31 March 2011

Ward No/ Type Address Description Decision:

Baird 2010/6411 12 Park Crescent BORONIA VIC 3155

Development of the land for a two storey apartment building containing ten (10) dwellings

4/03/2011 Notice of Decision

Baird 2011/6044 4 Janville Street BORONIA VIC 3155

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

25/03/2011 Approved

Baird 2010/6714 10 Woodvale Road BORONIA VIC 3155

Three (3) double storey dwellings


Baird 2010/6644 16 Stirling Street FERNTREE GULLY VIC 3156

The development of the land for a second dwelling and the subdivision of the land into two (2) lots


Baird 2010/6199 19 Woodvale Road BORONIA VIC 3155

Development of the land for one (1) double storey and two (2) single storey dwellings


Baird 2009/6382 3 Velden Avenue FERNTREE GULLY VIC 3156

Subdivision of the land into two (2) Lots (approved unit site)

18/03/2011 Approved

Baird 2010/6678 2 Browning Road BORONIA VIC 3155

The construction of Two (2) new dwellings to the rear of the existing dwelling


Baird 2011/6143 1 Bradley Place BORONIA VIC 3155

Pruning of two (2) trees (Eucalyptus melliodora and Corymbia maculata)

7/03/2011 Approved

Baird 2011/6197 7 Elder Grove BORONIA VIC 3155

The habitat pruning of one Eucalyptus obliqua

31/03/2011 Approved

Baird 2010/7065 83 Boronia Road BORONIA VIC 3155

Change of Use - Medical Centre (Counselling Services), advertising signage and dispensation of associated car parking


Baird 2011/6073 93 Boronia Road BORONIA VIC 3155

Change of Use - Office and Counselling Rooms and associated waiver of car parking

31/03/2011 Approved

Chandler 2011/6101 4 Moroney Street BORONIA VIC 3155

The construction of a double carport

23/03/2011 Approved

Chandler 2010/6801 2/63 Stewart Street BORONIA VIC 3155

Development of the land for a dwelling and request for consent from the Responsible Authority to build outside the building envelope.

2/03/2011 Approved

Chandler 2010/6721 12 Stewart Street BORONIA VIC 3155

Buildings and Works - Front Fence

10/03/2011 Approved

Chandler 2011/6090 19 Alison Avenue BORONIA VIC 3155

Extension and alteration to existing dwelling.

22/03/2011 Approved



Chandler 2011/6165 48 Dorrigo Drive THE BASIN VIC 3154

Removal of Pittosporum eugenioides 'Variegatum'

16/03/2011 Approved

Chandler 2010/7034 16 Deborah Avenue BORONIA VIC 3155 Dwelling addition 7/03/2011

Approved

Chandler 2011/6092 318 Forest Road THE BASIN VIC 3154

Removal of council naturestrip tree (Eucalyptus ovata)

24/03/2011 Approved

Chandler 2011/6096 6 Sycamore Crescent BORONIA VIC 3155

Buildings and Works (new garage to replace existing garage)

17/03/2011 Approved

Chandler 2011/6186 32 Market Street BORONIA VIC 3155

The removal of two (2) trees (Schinus ariera & Grevillea robusta)

23/03/2011 Approved

Chandler 2011/6145 1, 2, 3, 4, & 5/360 Dorset Road BORONIA VIC 3155

Removal of three Eucalyptus obliqua trees.

7/03/2011 Approved

Chandler 2011/6190 16 Hillside Avenue BORONIA VIC 3155

Removal of one(1) Eucalyptus radiata (Narrow leaf Peppermint) and one (1) Angophora costata (Smooth barked Apple) and pruning of one (1) Eucalyptus goniocalyx (Long leaf Box), one (1) Eucalyptus radiata (Narrow leaf Peppermint) and one (1) Corymbia citri

28/03/2011 Approved

Chandler 2011/6158 50 Stewart Street BORONIA VIC 3155

The removal of three trees (Eucalyptus obliqua, Eucalyptus cephalocarpa and a dead Eucalyptus sp.)

17/03/2011 Approved

Chandler 2011/6148 1/41 Bambury Street BORONIA VIC 3155

Prune Quercus rubra (Red oak tree)

8/03/2011 Approved

Chandler 2011/6106 61 Mount View Road BORONIA VIC 3155

Extension to existing dwelling & new carport

30/03/2011 Approved

Chandler 2011/6129 38 Old Forest Road THE BASIN VIC 3154

Removal of three (3) Acacia melanoxylon (Blackwood Wattles)

1/03/2011 Approved

Chandler 2011/6137 19 Waratah Avenue THE BASIN VIC 3154

Pruning dead tree and remove hazardous limbs.

7/03/2011 Approved

Chandler 2011/6206 32 Arcadia Avenue THE BASIN VIC 3154

The removal of one (1) Eucalyptus radiata.

31/03/2011 Approved

Chandler 2011/6193 306 Dorset Road BORONIA VIC 3155

The removal of ten trees (Abies nordmaniana, 7 x XCupressocyparis leylandii, Liquidambar styraciflua and a dead Eucalypt sp.), the transplanting of a Phoenix canariensis and the pruning of two Eucalyptus obliqua.

31/03/2011 Approved



Chandler 2011/6204 16 Government Road THE BASIN VIC 3154

The removal of seven (7) Eucalyptus macrorhyncha (Red Sringybark), one (1) Eucalyptus goniocalyx (Long leaf Box) and two (2) dead Euucalyptus species and pruning of two (2) Eucalyptus macrorhyncha (Red Sringybark) along with several others

29/03/2011 Approved

Chandler 2011/6221 23 Gravenstein Crescent THE BASIN VIC 3154

The removal of one (1) Eucalyptus mannifera

25/03/2011 Approved

Chandler 2011/6179 5 Bellevue Court BORONIA VIC 3155

The removal of three trees (Pittosporum eugenioides 'Variegatum', Photinia x Fraserii 'Robusta' and Eucalyptus cephalocarpa) and the pruning of three Eucalyptus cephalocarpa.

18/03/2011 Approved

Collier 2010/6832 29 Waldheim Road BAYSWATER VIC 3153

Buildings and Works (factory/office building alterations), installation of advertising signage and works to construct a caravan display area, and driveway including access to Ricdanic Drive.

29/03/2011 Approved

Collier 2010/6921 489 Mountain Highway BAYSWATER VIC 3153

Extension to existing warehouse, including modification of existing building facade.

21/03/2011 Approved

Collier 2010/6410 8 The Mall WANTIRNA VIC 3152

Change Of Use - Liquor Licence

21/03/2011 Approved

Dinsdale 2011/6061 9 Bernard Street BAYSWATER VIC 3153


10/03/2011 Approved

Dinsdale 2010/6071 11 Westham Crescent BAYSWATER VIC 3153

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


Dinsdale 2010/6185 7 King Street BAYSWATER VIC 3153

The subdivision of the land into eleven (11) lots (approved development site)

10/03/2011 Approved

Dinsdale 2010/6575 4 Tamar Street BAYSWATER VIC 3153

The Construction of a Two (2 ) Storey Dwelling to the rear of Existing Dwelling and Modifications to Existing Dwelling

8/03/2011 Approved

Dinsdale 2010/6523 2 Weemala Court BAYSWATER VIC 3153

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

4/03/2011 Approved

Dinsdale 2010/6460 103 Stud Road BAYSWATER VIC 3153

Double storey dwelling to the rear of the existing dwelling

21/03/2011 Approved

Dinsdale 2010/6688 19 Birch Street BAYSWATER VIC 3153

Construction of three (3) single storey dwellings




Dinsdale 2011/6144 204 Scoresby Road BORONIA VIC 3155

Prune four trees (2 x Eucalyptus obliqua, Eucalyptus botryoides and Corymbia maculata) and remove five trees (3 x Eucalyptus obliqua, Eucalyptus radiata and Eucalyptus elata).

18/03/2011 Approved

Dinsdale 2010/6893 5 Derwent Drive BAYSWATER VIC 3153 Two (2) double storey dwellings


Dobson 2011/6020 17 Doysal Avenue FERNTREE GULLY VIC 3156

The construction of a single dwelling on the lot

1/03/2011 Approved

Dobson 2011/6171 43 Veronica Street FERNTREE GULLY VIC 3156

The removal of one (1) Eucalyptus mannifera

17/03/2011 Approved

Dobson 2010/7068 1141 Burwood Highway FERNTREE GULLY VIC 3156

The subdivision of the land into three (3) lots (approved development site)

21/03/2011 Approved

Dobson 2010/6840 10 Logan Court LYSTERFIELD VIC 3156

Construction of a new Dwelling, associated fence & consent for works outside Building Envelope

18/03/2011 Approved

Dobson 2011/6191 13 Alfred Street UPPER FERNTREE GULLY VIC 3156

The removal of one (1) Gum Eucalyptus viminalis (Manna gum tree)

24/03/2011 Approved

Dobson 2011/6151 7 Tarana Avenue UPPER FERNTREE GULLY VIC 3156

Prune one (1) Acmena smithii (Lilypilly tree)

8/03/2011 Approved

Dobson 2011/6138 33 Parkview Drive FERNTREE GULLY VIC 3156

Buildings and Works (extension to existing dwelling and alfresco area to rear of dwelling)

23/03/2011 Approved

Dobson 2011/6091 1 Misthills Court FERNTREE GULLY VIC 3156

Removal of two trees, the remedial pruning of two trees and habitat pruning of a dead Eucalypt located on Council naturestrip

24/03/2011 Approved

Dobson 2011/6074 5 Brenock Park Drive FERNTREE GULLY VIC 3156

The removal of three Lombardy Poplar trees

7/03/2011 Approved

Dobson 2011/6142 10 Johns Street UPPER FERNTREE GULLY VIC 3156

Requesting pruning of two trees (Corymbia ficifolia & Melaleuca linariifolia)

9/03/2011 Approved

Dobson 2011/6209 25 Frederick Street FERNTREE GULLY VIC 3156

The removal of three (3) trees (Eucalyptus obliqua.)

31/03/2011 Approved

Dobson 2010/6778 78 Forest Road FERNTREE GULLY VIC 3156

Alterations and additions & the removal of one (1) Silky Oak and one (1) Variegated Lemonwood

7/03/2011 Approved

Dobson 2011/6152 17 Francis Crescent FERNTREE GULLY VIC 3156

The removal of one Eucalypt hybrid

8/03/2011 Approved

Dobson 2011/6161 19 Myrtle Crescent FERNTREE GULLY VIC 3156

Removal of three trees (Grevillea robusta and two Corymbia ficiolia)

17/03/2011 Approved



Dobson 2011/6170 1A Olivebank Road FERNTREE GULLY VIC 3156

To prune one (1) Angophora costata

17/03/2011 Approved

Dobson 2011/6180 31 Heath Avenue FERNTREE GULLY VIC 3156

The removal of three (3) Trees (Eucalyptus ovata, Fraxinus Raywood and Corymbia citriodora)

17/03/2011 Approved

Dobson 2010/6310 23 Grandview Crescent UPPER FERNTREE GULLY VIC 3156

Conversion of an existing garage into a second dwelling and the Subdivision of the land into two (2) lots

25/03/2011 Approved

Dobson 2011/6183 5 Kilander Court FERNTREE GULLY VIC 3156

The removal of Grevillea Robusta (Silky Oak)

17/03/2011 Approved

Dobson 2010/6925 37 Rathgar Road LYSTERFIELD VIC 3156

The construction of a double storey dwelling on the land

18/03/2011 Approved

Friberg 2010/6915 97 Rickards Avenue North KNOXFIELD VIC 3180

Development of the land for two (2) double storey and one (1) single storey dwellings


Friberg 2010/6681 46 Adele Avenue FERNTREE GULLY VIC 3156

The construction of three (3) double storey dwellings


Friberg 2011/6130 79 Kathryn Road KNOXFIELD VIC 3180

The pruning of eight Eucalyptus cephalocarpa and one Eucalyptus radiata.

1/03/2011 Approved

Friberg 2010/6731 1-17 Henderson Road KNOXFIELD VIC 3180

Office and Warehouse Unit Development

7/03/2011 Approved

Friberg 2010/6367 35 Lynn Drive FERNTREE GULLY VIC 3156

Subdivision of the land into two (2) Lots (approved development site)

29/03/2011 Approved

Friberg 2010/6812 18 Anne Road KNOXFIELD VIC 3180

Single storey dwelling to the rear of the existing dwelling


Friberg 2011/6038 37 Lloyd Street North KNOXFIELD VIC 3180


10/03/2011 Approved

Taylor 2010/6580 240 Dandelion Drive ROWVILLE VIC 3178

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

11/03/2011 Refused

Tirhatuan 2010/6780 1311 Ferntree Gully Road SCORESBY VIC 3179

Construction of a two storey Dwelling the rear of the existing dwelling


Tirhatuan 2011/6150 61 Timbertop Drive ROWVILLE VIC 3178

Pruning of three (3) gum trees (Eucalyptus ovata, Eucalyptus radiata and Eucalyptus goniocalyx).

17/03/2011 Approved

Tirhatuan 2011/6175 48 Carrara Road ROWVILLE VIC 3178

Removal of one (1) Corymbia maculata (Spotted Gum) & pruning of one (1) Eucalyptus botryiodes (Southern Mahogany)

17/03/2011 Approved

TOTAL: 74

15 COUNCIL – CITY DEVELOPMENT 27 April 2011 COUNCILLOR MORTIMORE RETURNED TO THE CHAMBER AT 8.00PM DURING DISCUSSION ON ITEM 7.2 COUNCILLOR WALTER RETURNED TO THE CHAMBER AT 8.03PM DURING DISCUSSION ON ITEM 7.2

DINSDALE WARD

7.2 APPLICATION TO DEVELOP THE LAND FOR SEVEN (7) THREE STOREY DWELLINGS AND ONE (1) DOUBLE STOREY DWELLING (TOTAL OF EIGHT (8) DWELLINGS) AT 633 MOUNTAIN HIGHWAY, BAYSWATER, Melway Ref. 64 D4 (Application No. P/2010/6628)

1. SUMMARY:

Land: 633 Mountain Highway, BAYSWATER VIC 3153

Applicant: Glenn Cugura Proposed Development: Development of the land for seven (7) three

storey dwellings and one (1) double storey dwelling (total of eight (8) dwellings).

Existing Land Use: Single Dwelling Area/Density: 972m2 / 1:122m2 Zoning: Residential 1 Zone Overlays: Design and Development Overlay 6 Local Policy: Municipal Strategic Statement (MSS)

Housing Policy (Clause 22.10) Application Received: 1 January 2009 Number of Objections: 10 PCC Meeting: 15 February 2011 Assessment:

The proposal generally complies with the Design and Development Overlay 6 (which applies to the Bayswater Activity Centre), Housing Policy and Rescode. A number of minor non-compliances are identified and are addressed by permit conditions.

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

2. BACKGROUND

2.1 Subject Site and Surrounds

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

• The subject site is a corner allotment abutting Mountain Highway and Violen Street. The site has an area of 972m2. The site is currently developed with a single storey dwelling and slopes approximately 2 metres from the south to the north. Currently, vehicle access is gained via a crossover onto Violen Street.

16 COUNCIL – CITY DEVELOPMENT 27 April 2011 7.2 633 Mountain Hwy, Bayswater (cont’d)

• The site is located within the Bayswater Major Activity Centre. To the immediate north of the site is a single storey dwelling. To the immediate east of the site is 635 Mountain Highway which contains a single storey dwelling. Council is currently processing a planning permit application for development of five double storey dwellings at 635 Mountain Highway. To the west of the site (across Violen Street) is a single storey dwelling. To the south of the site (across Mountain Highway) is Bayswater Primary School.

• A 13 metres high Red Iron Bark (Eucalyptus sideroxylon) is located within the north-western section of the site, and a 12 metres high English Oak (Quercus robur) and 6 metres high Photinia (Photinia serrulata) are located within the Mountain Highway setback.

2.2 The Proposal

(Refer to attached plans at Appendix B)

The applicant is proposing to develop the land for seven, three-storey dwellings and one, double storey dwelling (total of eight dwellings). Details are as follows:

• Dwellings 1-7 are provided with a single garage, laundry and study nook at the lower level, open plan living space and balcony at the first floor and, two bedroms and amenities at the upper level. Dwelling 8 is provided with a single garage and laundry at the lower level and, one bedroom and living space at the first floor.

• Vehicle access is via one new crossover from Violen Street. One visitor carparking space is provided within the north-east corner of the site.

• The building materials proposed consist of a mix of face brickwork, corrugated cladding, hardwood timber cladding and rendered surfaces.

• It is proposed to retain an English Oak and Photinia within the southern landscape setback and a Red Iron Bark within the north-west section of the site.

3. CONSULTATION

3.1 Advertising

The application was advertised by way of a sign on the site and notices were sent to adjoining property owners and occupiers. Ten (10) objections were received and are summarised below.


Waste Management.

• The application was referred to Council’s Waste Services Department who indicate the site has sufficient frontage for Knox Council to undertake waste collection.

Traffic, increase of vehicle movements within Violen Street, vehicle movements within the site and impact of traffic on pedestrians.

• Council’s Traffic Department indicated no objection to the proposal.

Appearance of the development and impact on neighbourhood character.

• The development is considered to be consistent with the preferred and emerging character evidenced by the extent of compliance with the Design and Development Overlay 6.

Overdevelopment.

• The extent of compliance of the development with the Knox Planning Scheme suggests the proposal is not an overdevelopment.

Stormwater

• Council’s Drainage Department have no objection to the proposal and stipulate maximum permissible discharge limits from the property. A permit condition requiring a pervious driveway will reduce the amount of stormwater generated.

Impact on property values.

• The impact of a planning application on property prices is not a valid planning permit consideration.

Amenity impacts: visual bulk and overshadowing

• The development is well setback from adjoining properties and highly articulated reducing wall massing impacts. Shadowing diagrams provided with the application demonstrate the extent of overshadowing is within ResCode requirements.

The description on the advertising sign is misleading as it is not a two storey development but three storey development

• The description on the advertising signs and notices was the same as the proposed development description. The description is appropriate and accurately reflects the proposed development.


3.2 Planning Consultative Committee Meeting

A Planning Consultative Committee (PCC) Meeting was held at the Civic Centre on 15 February 2011. The concerns of the objectors were expressed, and the applicant presented the design concepts.

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

3.3 Referrals

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

Traffic Engineer

• Standard conditions to be included on any permit issued.

Drainage Engineer

• All stormwater drainage shall be connected to the council drainage system via the kerb and channel near the North West corner of the property.


Knox Park Services (Street tree impact)

• The street tree has recently been planted, is not significant and can be removed or transplanted depending on the time of the year, subject to the appropriate fee being paid.

Arborist

• Dwellings 7 and 8 occur within the tree protection zone (TPZ) of the Red Iron Bark (TPZ: 7.6 metres radius) located adjacent to the north-west corner of the site. Dwelling 1 occurs within the TPZ of the Photinia (TPZ: 8.9 metres radius) located adjacent to the south boundary of the site. Either development must be setback outside the TPZs or the trees removed and replaced.

Officer comment: The TPZs encroach well within the footprint of Dwellings 1, 7 and 8. The large English Oak adjacent to the south-east corner of the site will be retained together with the large indigenous Eucalypts located forward of the site within the Mountain Highway road reserve. The Red Iron Bark can be replaced. No tree protection controls apply. Balancing policies for urban consolidation in this location with landscaping policies (noting these trees are not protected by overlay) it is considered appropriate to remove and replace these two trees.


• The driveway must be constructed above grade and of porous material within the TPZ of the English Oak and TPZs of trees growing within 635 Mountain Highway, adjacent to the east boundary of the site.

Landscaping Officer:

• The Red Iron Bark and Photinia can both be replaced with Dwarf Yellow Gums (Eucalyptus leucoxylon ‘Euky Dwarf’).

• Landscape beds of 1 metre width should be provided around the proposed trees adjacent to the east boundary of the site and the driveway should be porous.


Strategic Planning Department

• Strategic Planning supports the issuing of a planning permit for the proposed development given its location in the Bayswater Activity Centre.

Building Department

• No issues and no conditions required.

Waste Services

• Waste collection can be undertaken by Knox Council. A waste management plan is not required.

4. DISCUSSION

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

4.1 Zoning and Overlays

4.1.1 Zone

The site is located within a Residential 1 Zone. A planning permit is required to construct two or more dwellings on one allotment.

4.1.2 Design and Development Overlay 6

The site is affected by a Design and Development Overlay 6 (DDO6) which applies to the Bayswater Major Activity Centre. The proposal triggers a planning permit under the DDO6.


Height in storeys, excluding any basement, should not exceed the number of storeys shown on Map 1 to this Schedule.

• Complies - Map 1 shows the subject site located within a three storey area.

Development must be designed to ensure that public views to the Dandenong Ranges are protected from vantage points and open space areas. Development should be designed to take advantage of the views to the Dandenong Ranges. • Complies

High density residential development should incorporate private open space in the form of upper level terraces, balconies or roof decks. • Complies

Front building setbacks along Mountain Highway outside the retail core should be between 3 and 5 metres to provide space for clean trunk canopy trees and landscaping while ensuring that buildings are close enough to the frontage to provide passive surveillance opportunities. • Generally complies – the proposed front setback ranging from 5-6

metres is considered acceptable noting large variances of front setbacks with the surrounding area.

Landscape design should implement Water Sensitive Urban Design techniques to increase opportunities for groundwater recharge, decrease outputs of stormwater into the local drainage system through reuse on site, and increase filtration and purification of runoff before it leaves the site. • Does not comply – to comply with this requirement (amongst

others), a permit condition requires a porous driveway to increase ground water recharge.

Development must address all street frontages to enhance the pedestrian amenity and character of the centre by maintaining a moderate scale at the pedestrian interface (up to 2 levels with further levels set back). • Complies


Development must be scaled down in height towards rear property boundaries to avoid imposing visual bulk and overlooking adjoining land. • Complies

4.2 Policy Consideration

4.2.1 State Planning Policy Framework

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

Key Policies

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

• The development is of high quality contemporary design, responsive to the safety of the public realm and amenity of surrounding properties.

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

• The proposal contributes to the consolidation of urban development through the provision of increased density, and is located within walking distance of public transport, shops and community services.

• A Sustainable Design Assessment will be required as a permit condition.

Clause 16.02 Housing – Encourage the development of well-designed medium-density housing that respects the neighbourhood character; improves housing choice; makes better use of existing infrastructure; and, improves energy efficiency of housing.

• Neighbourhood character – the proposed development is consistent with the anticipated future character of the area guided by the Design and Development Overlay 6.


• Housing choice – the development supports housing diversity through provision of seven 2 bedroom dwellings and one 1 bedroom dwelling, all with balconies.

• Existing infrastructure – Referrals to Council’s Engineering Department show the development, subject to permit conditions, will not overload existing infrastructure.

• Energy efficiency – this has been discussed at Clause 15.12.

Clause 18.02 Transport – Ensure that access is provided to all available modes of transport.

• The site is located within 180 metres walking distance of a bus stop on Mountain Highway, which is serviced by bus routes No. 664.

• Bus route 664 from Chirnside Park Shopping Centre to Knox City Shopping Centre via Bayswater operates at 20 minute intervals between 6.10am and 6:15pm Monday to Friday, with less frequent service outside peak times until 9:40pm. Saturday services run at 20 minute intervals from 8.05am to 6.25pm, followed by services hourly until 10:06pm. Sunday services operate every hour from 8.50am to 9.40pm.

• Additionally, the site is within 900 metres of Bayswater railway station, providing further connection within the municipality and Melbourne

4.2.2 Local Planning Policy Framework

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

• The site is ideally located in Bayswater Activity Centre.

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

• The subject site is located within the Bayswater Activity Centre and the proposed development is considered to be consistent with the preferred and emerging character of the area, as guided by the Design and Development Overlay 6.

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


In response to this forecast, the housing policy directs that if an approved structure plan or urban design framework exists for an activity centre listed above, then the location and design of high and medium density housing be guided by the plan or framework. Before deciding on an application, the responsible authority will consider, as appropriate, whether:

The proposed development will contribute to a diversity of housing in Knox. • The development contributes to housing diversity within the

municipality by providing seven, 2 bedroom dwellings and one, 1 bedroom dwelling, all with balconies.

There is access to frequent public transport services between 6.00 am and 11.00pm daily, seven days a week. • The site does not have access to frequent public transport

services between 6.00 am and 11.00pm daily, seven days a week.

The proposed development makes a positive contribution to the desired future urban fabric, amenity and neighbourhood character.

• The proposed development is considered to be consistent with

the preferred and emerging character of the area, guided by the DDO6.

The proposed development is consistent with a relevant endorsed structure plan or urban design framework.

• Complies – refer to Section 4.1.2 of this report (assessment

against the DDO6).

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

• Complies – the development steps down to the north with double storey builtform. Upper levels are recessed from the first floor to the east respecting existing single storey builtform at 635 Mountain Highway. It is also noted,

Council is currently processing an application for 5 double storey town houses at 635 Mountain Highway to the immediate east of the subject site.


The development and building design response addresses any potential impact on adjoining development where there is a residential interface with respect to amenity, overlooking, overshadowing, height and bulk, views and vistas.

• The development layout responds well to the amenity of surrounding properties by concentrating the builtform within the centre of the site and providing physical separation and screening landscaping at the sensitive interfaces to the north and west. Additionally, the builtform steps down to the sensitive interfaces and the design is highly articulated reducing amenity impacts caused by wall massing.

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

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

Neighbourhood Character and Infrastructure

Neighbourhood Character – Complies - the proposed development is consistent with the preferred and emerging character of the area, evidenced by compliance with the Design and Development Overlay 6.

Site Layout and Building Massing

Street Setback – Generally Complies – The Design and Development Overlay 6 stipulates a front setback of 3-5 metres, specific to this location in the Bayswater Major Activity Centre, as opposed to the generic state standard which would be 9 metres noting the existing dwelling at 635 Mountain Highway has a front setback of 9.8 metres. It is also relevant that Council is currently processing a five townhouse development application at 635 Mountain Highway which proposes a front setback of 7 metres.

Building Height – Complies.

Site Cover/permeability – Complies


Energy Efficiency – Generally complies – Although living areas and private open spaces for Dwellings 1-7 are not located to the north, the development layout responds appropriately to the north-south orientation of the site, provides a strong presence and passive surveillance to the streets and minimises amenity impacts to surrounding properties. Given these factors, the design maximises energy efficiency through use of skylights, stepping the development in and out in an east-west direction providing northern windows to kitchens where possible, angling bedroom windows to receive some northern light and provision of solar hot water systems. Shading is provided to west facing living rooms by cantilevering the second floor over the balconies. Furthermore, permit conditions require protection of west facing bedroom windows from the afternoon sun and a detailed sustainable design assessment.

Landscaping – A condition on any permit issued will require the submission and approval of a Landscape Plan.

Access – Complies – However, to improve sightlines for vehicles exiting the garage for unit 8, the applicant submitted plans replacing the garage with a carport. As the application was not amended to implement the amended plans, a permit condition is required to amend the plans to show a carport for unit 8.

Parking provision and location – Complies

Amenity Impacts

Side and rear setbacks – Complies

Walls on boundaries – Complies

Daylight to existing windows/north facing windows – Complies

Overshadowing open space – Complies

Overlooking – Complies – However a permit conditions requires obscure glass to habitable rooms to be replaced with fixed external screens to improve the internal amenity of these rooms.

Internal views – Complies

On-Site Amenity and Facilities

Daylight to new windows - Complies

Private Open Space – Complies

Solar access – Complies


Storage - Complies

Front fence – Complies

5. CONCLUSION

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

• The proposed development is generally consistent with the Design and Development Overlay 6 relating to the Bayswater Major Activity Centre, with the only shortcoming in relation to WSUD.

• The site is ideally located in the Bayswater Activity Centre and is generally consistent with the Housing Policy with one short coming in relation to the site’s access to frequent and reliable public transport seven days per week.

• The development generally complies with ResCode.

6. CONFIDENTIALITY

There are no confidentiality issues associated with this report.

RECOMMENDATION

That Council issue a Notice of Decision to Grant a Planning Permit to develop the land for seven (7) three storey dwellings and one (1) double storey dwelling (total of eight (8) dwellings) at 633 Mountain Highway, Bayswater, subject to the following conditions:

Amended plans

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


Recommendation (cont’d)

1.1 The annotation indicating the driveway is concrete paved deleted and replaced with an annotation indicating the driveway will be constructed of a porous hardstand material.

1.2 The provision of shading structures such as shade canopies or eyelid shading to all west facing bedroom windows or alternatively, provision of energy efficient windows utilising double glazing, films or other means to protect all west facing bedroom windows from the western sun.

1.3 The carparking spaces shown in Violen Street deleted.

1.4 An annotation indicating, on-site access lighting shall be provided to the satisfaction of the relevant authority and in accordance with AS1158.

1.5 The visitor carparking space amended to show minimum dimensions 2.6m width and 4.9m length.

1.6 An annotation indicating a sign will be provided (or other means) to identify that the visitor carparking space is to be reserved for visitors.

1.7 The garage for Dwelling 8 modified to show a carport with the western edge of the carport maintained open, to improve sightlines.

1.8 Annotations indicating both street frontages are not fenced.

1.9 The Red Iron Bark (Eucalyptus sideroxylon) located adjacent to the north-west section of the site and Photinia (Photinia serrulata) located adjacent to the south boundary of the site, shown to be removed.

1.10 An annotation stating: all structures (including fences, letterboxes and meter boxes) shall be constructed to a maximum height of 900mm or relocated clear of a splayed area near the access way in accordance with AS 2890.1, Clause 3.2.4 to ensure safe sight distances. Landscaping shall also be reduced in height or located clear of this splayed area.



1.11 Obscure glazing provided to all bedroom windows, replaced with durable fixed external screens to 1.7 metres above finished floor level with no more that 25% transparency angled to allow outlooks but preventing views into adjoining properties.

1.12 The driveway within the tree protection zone of the English Oak (TPZ: 5.8 metres radius) shown to be constructed above grade.

1.13 Unless the trees in 635 Mountain Highway are removed, all trees growing adjacent to the common boundary plotted and the driveway within the tree protection zones of the trees shown to be constructed above grade (TPZ of Eucalyptus cladocalyx is 5.72m radius; TPZ of Corymbia ficifolia is 2.1m radius; TPZ of Cotoneaster glaucophyllus is 2.7m radius; TPZ of Prunus cerasifera is 4.6m radius; TPZ of Melaleuca linariifolia is 6.4m radius).

1.14 The garden bed adjacent to the east boundary widened to 1.0 metre, only in the locations of proposed acacia trees.

1.15 The entire north boundary fence replaced with a new 2.0 metre high timber paling fence reduced in height towards the site frontage to comply with Australian Standard AS2890.1 in relation to sightlines.

1.16 Drainage plans in accordance with Condition 2 of this permit.

1.17 Landscaping plans as described in Condition 3 of this permit.

1.18 Sustainable Design Assessment in accordance with Condition 8 of this permit.

to the satisfaction of the Responsible Authority.

Drainage plans

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

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



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

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

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

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

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


Landscape plans

3. Prior to the commencement of any buildings or works, an amended landscape plan to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plan will be endorsed and will then form part of the permit. The plan must be generally in accordance with the Landscape Plan prepared by Habitat dated August 2010 but modified to show:

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

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

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

3.4 Details of the surface finishes of pathways and driveways.

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



3.6 Replacement of the Red Iron Bark (Eucalyptus sideroxylon) and Photinia (Photinia serrulata) with Dwarf Yellow Gum (Eucalyptus leucoxylon ‘Euky Dwarf’) trees.


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

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

Street trees

6. Works required for the removal of the street tree and any planting of a replacement street tree are to be undertaken by Knox Park Services.

7. All costs associated with the removal of the street tree, stump grinding and replacement street tree (if relevant) are to be borne by the owner or developer.

Sustainable Design Assessment

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

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

Fencing

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

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



Car parking and Traffic

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

13. The driveway and carparking areas associated with the proposed dwelling as shown on the endorsed plan must be fully constructed and properly formed to such levels that they can be used in accordance with the plans. Construction using any alternative surface is subject to detailed plans to be submitted to and approved by the Responsible Authority.

General

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

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

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

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

Amenity

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

18.1 The appearance of building, works or materials on the land

18.2 Parking of motor vehicles

18.3 Transporting of materials or goods to or from the site

18.4 Hours of operation

18.5 Stockpiling of top soil or fill materials

18.6 Air borne dust emanating from the site

18.7 Noise



18.8 Rubbish and litter

18.9 Sediment runoff

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

Permit Expiry

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

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

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

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

NOTES:

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

• All stormwater drainage runoff from the property shall be properly collected in a complete and effective system of drains within the property and connected to the council drainage system via the kerb and channel near the North West corner of the property.

• Stormwater drainage discharge for the proposed development must be limited to predevelopment flows. The total Permissible Site Discharge for the property including all dwellings is 4.5 L/s for a 5 year ARI event.

• No structure or trees are to be built over an easement vested in Council, or any drainage asset not in an easement within the property without Council consent.

• The proposed development is to provide adequate clearance for the overland flow path through the property to Council’s satisfaction. Details regarding overland flow must be included in the engineering stormwater design plans.



• The use of water quality improvement systems is required to be considered for this development. The use of rainwater tanks, bioretention systems and vegetated swales can be used and these are to be incorporated in the stormwater drainage design plans.

• It is recommended that rainwater tanks and infiltration systems are incorporated into the onsite detention requirement for the proposed development. The Engineering Services team can assist the developer achieve this.

Other Notes:

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

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

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

• The dwelling/s must achieve a minimum 5-Star Energy Rating.

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

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

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

• For details regarding the cost of and arranging the timing of the removal and replacement of the street tree/s please contact Council’s Parks Service Team on (03) 9298 8423.

• All letterboxes shall face towards the street frontage and if located adjacent to the driveway the letterboxes and any associated structures shall not be greater than 900mm in height.



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

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

COUNCIL RESOLUTION MOVED: CR. GILL SECONDED: CR. COOPER That the recommendation be adopted. CARRIED

35 COUNCIL – CITY DEVELOPMENT 27 April 2011 APPENDIX A/1

38 COUNCIL – CITY DEVELOPMENT 27 April 2011 APPENDIX B/1


DINSDALE WARD

7.3 PROPOSED PLANNING SCHEME AMENDMENT C104 TO REZONE 13 CULLIS PARADE, BAYSWATER FROM PUBLIC USE ZONE 6 (LOCAL GOVERNMENT) TO RESIDENTIAL 3 ZONE

SUMMARY: Strategic Planner (Sarah Lane)

A report was presented to Council on 27 April 2010 outlining a proposal to dispose of Council land at 13 Cullis Parade, Bayswater. Amendment C104 (formerly C96) proposes to rezone the land from Public Use Zone 6 (Local Government) to Residential 3 Zone, in order to facilitate the sale of the land for residential purposes.

A report was presented to Council on 27 July 2010 requesting approval to seek authorisation from the Minister for Planning to prepare and exhibit the Amendment (then Amendment C96). As a result of public exhibition, Council has received seven submissions to the Amendment. This report recommends that Council adopt the Amendment as exhibited.

RECOMMENDATIONS

That Council;

1. Consider the submissions received in response to Amendment C104;

2. Note that no submissions request changes to the amendment and that a Planning Panel is therefore not recommended;

3. Adopt Amendment C104 as exhibited;

4. Authorise the Director – City Development to make changes to the Amendment, where changes do not affect the purpose or intent of the amendment; and

5. Forward the adopted Amendment C104 to the Minister for Planning for approval.

1. INTRODUCTION

Amendment C104 proposes to rezone land at 13 Cullis Parade, Bayswater from Public Use Zone 6 (Local Government) to Residential 3 Zone. The site has been unoccupied for over two years. Prior to this, the site was occupied by the Bayswater Pre-school and the Outer Eastern Palliative Care Service Incorporated. A location and current zoning plan is provided at Appendix A.

44 COUNCIL – CITY DEVELOPMENT 27 April 2011 7.3 Proposed Planning Scheme Amendment C104 to Rezone 13 Cullis

Parade Bayswater (cont’d)

The rezoning of the land was originally undertaken as Amendment C96, and a request was made to the Minister for Planning that the amendment be processed under Section 20(4) of the Planning & Environment Act 1987, which exempts the amendment from the exhibition requirements of the Act. This request was not granted and a subsequent request for authorisation to exhibit the amendment was made to the Minister, using the amendment number C104. Following authorisation, Amendment C104 was exhibited and seven submissions were received.

2. DISCUSSION

2.1 Discussion of Amendment

Amendment C104 proposes to rezone the land at 13 Cullis Parade, Bayswater from Public Use Zone 6 (which relates to any local government use) to Residential 3 Zone. The rezoning is proposed due to the following reasons:

• The Public Use Zone 6 relates to the former use of the land for the Bayswater Pre-school and more recently the Outer Eastern Palliative Care Service Incorporated. These uses have ceased and the land is no longer required for local government purposes.

• The proposed Residential 3 Zone reflects Council’s intention to have a residential use on this site and to ensure consistency with surrounding residential land.

The proposal will apply a logical zone to this site to achieve an appropriate housing outcome in this location. The Schedule to the Residential 3 Zone includes specific open space objectives which will ensure any future development complements the existing neighbourhood character of the area.

2.2 Discussion of Submissions

Seven submissions were received, six from authorities expressing no objection to the amendment.

One submission was received from a resident. The submitter does not object to the rezoning of the land and does not seek a change to the amendment. The concerns expressed in this submission relate to a reference to affordable housing which appears in the explanatory report about the amendment. Specifically, the explanatory report states that the amendment supports and implements the State Planning Policy Framework with regard to Clause 12.06 A Fairer City, as “the rezoning allows for an opportunity to promote well located affordable housing”. It is the view of the submitter that the use of the land for ‘social housing’ would have a detrimental impact on the surrounding neighbourhood.



Council resolved at the 27 April 2010 Council Meeting to give “public notice pursuant to section 189 of the Local Government Act 1989 of its intention to sell the property by public tender following the rezoning of the land and that it will consider giving weight to tenderers providing affordable/social housing.” The concerns of the submitter do not relate to Amendment C104, but to Council’s intentions for the disposal of the land.

The proposed Residential 3 Zone allows for the land to be used for residential purposes. There is no specific land use in the Planning Scheme which is defined as ‘social housing’. The question of social housing relates to the ownership and tenure arrangements of the site. The zoning of the land does not determine or influence the tenure arrangements of any future housing development.

The Planning & Environment Act 1987 requires that, after considering a submission which requests a change to an amendment, the planning authority (Council) must either: change the amendment in the manner requested; refer the submission to a panel; or abandon the amendment or part of the amendment. The Act also states that Council may refer a submission to a panel where there is no change requested.

The one objecting submission received following exhibition does not request a change to the amendment. Furthermore, the grounds for objection are not related to the planning merits of the amendment, but to the future ownership and tenure arrangements of the land.

On this basis, it is not recommended that the submission be referred to a panel. The planning merits of the amendment are sound, as the proposed zoning is consistent with the surrounding zone and the residential nature of the neighbourhood. It is therefore recommended that Council adopt the amendment as exhibited.

3. CONSULTATION

The Planning & Environment Act (1987) requires that a planning scheme amendment undergo a public exhibition process prior to being submitted to the Minister for approval. The amendment was exhibited over a one month period between 3 February 2011 and 4 March 2011. Key elements of the exhibition included:

• Amendment notices being sent to adjoining land owners and occupiers (17 letters).

• Amendment notices being published in the Government Gazette and in the Knox Journal and Knox Leader newspapers.

• Amendment notices sent to specified government departments/ authorities.



4. ENVIRONMENTAL/AMENITY ISSUES

The existing zoning of the subject site is Public Use Zone 6 (Local Government). This zoning allows for a range of local government uses to occur on the site, including uses that would normally be prohibited within a residential area (eg truck storage). Rezoning this land from a Public Use Zone to a Residential Zone provides greater certainty for surrounding residents in terms of their amenity expectations of the area and provides direction for the future intended use of the land.

5. FINANCIAL & ECONOMIC IMPLICATIONS

The amendment process will be funded within the existing Strategic and Economic Development operating budget.

6. SOCIAL IMPLICATIONS

Council has resolved to sell the land by public tender following the rezoning of the land. Council has resolved to give weight to tenderers that seek to provide social/affordable housing on the site. This is considered to be a desirable outcome for this site responding to a recognised social need within the Bayswater community.

7. RELEVANCE TO COUNCIL PLAN

The rezoning of this land to facilitate future residential development relates to the following theme of the Council Plan.

Theme 1: Healthy Connected Communities - Promote and encourage the provision of diverse housing options through partnerships with community housing providers and others.

8. CONCLUSION

The proposed rezoning from Public Use Zone 6 (Local Government) to Residential 3 Zone will achieve a number of worthwhile outcomes. It will enable Council to dispose of surplus Council land through a public tender process and allow the land to be developed for residential purposes. The proposed zoning will ensure that the future land use and development is consistent with the surrounding residential area.

The one submission from a neighbouring resident does not object to the proposed rezoning, but expresses concerns regarding Council’s intended sale of the land, specifically Council’s stated intention to give weight to tenderers providing affordable/social housing. As the submission does not relate to the content of Amendment C104 and does not request a change to the amendment, it is recommended that Council adopt the amendment as exhibited.



9. CONFIDENTIALITY

There are no issues of confidentiality associated with this report.

COUNCIL RESOLUTION MOVED: CR. GILL SECONDED: CR. VAN DE VREEDE

1. That Council

1.1 Consider the submissions received in response to Amendment C104;

1.2 Note that no submissions request changes to the amendment and that a Planning Panel is therefore not recommended;

1.3 Adopt Amendment C104 as exhibited; 1.4 Authorise the Director – City Development to make

changes to the Amendment, where changes do not affect the purpose or intent of the amendment; and

1.5 Forward the adopted Amendment C104 to the Minister for Planning for approval.

2. That should Amendment C104 be approved, in conjunction with any future sale of 13 Cullis Parade Bayswater an Agreement pursuant to Section 173 of the Planning and Environment Act be registered on the title which:

a. Limits further residential development to two dwellings on the land;

b. Limits further residential development to single storey construction only; and

c. Ensures that any further future development is designed in accordance with Sustainable Design Principles.

A Division was called by Councillor Gill

For the Motion: Councillor Gill, Councill Van de Vreede, Councillor Walter, Councillor Mortimore

Against the motion: Councillor Pearce, Councillor McMillan, Councillor Cossari, Councillor Cooper

IN ACCORDANCE WITH ITEM 52 (1) OF THE MEETING PROCEDURE AND USE OF COMMON SEAL LOCAL LAW 2008 ON THE CASTING VOTE OF THE MAYOR THE MOTION WAS LOST



MOVED: CR. COOPER SECONDED: CR. PEARCE

1. That Council

1.1 Consider the submissions received in response to Amendment C104;

1.2 Note that no submissions request changes to the amendment and that a Planning Panel is therefore not recommended;

1.3 Adopt Amendment C104 as exhibited; 1.4 Authorise the Director – City Development to make

changes to the Amendment, where changes do not affect the purpose or intent of the amendment; and

1.5 Forward the adopted Amendment C104 to the Minister for Planning for approval.

2. That should Amendment C104 be approved, in conjunction with any future sale of 13 Cullis Parade Bayswater an Agreement pursuant to Section 173 of the Planning and Environment Act be registered on the title which:

a. Limits further residential development to two dwellings on the land;

b. Limits further residential development to double storey construction only; and

c. Ensures that any further development is designed in accordance with Sustainable Design Principles.

A Division was called by Councillor Gill

For the Motion: Councillor Pearce, Councillor McMillan, Councillor Cossari, Councillor Mortimore, Councillor Cooper

Against the motion: Councillor Gill, Councillor Van de Vreede, Councillor Walter

CARRIED:5:3

49 COUNCIL – CITY DEVELOPMENT 27 April 2011 APPENDIX A – Amendment C104 - Rezoning of 13 Cullis Parade, Bayswater


TIRHATUAN WARD

7.4 OPPORTUNITY AND OPTIONS FOR BETTER USE OF 3 RUMANN AVENUE SCORESBY AND BENEDIKT RESERVE

SUMMARY: Coordinator Open Space and Landscape Design (Robyn Mansfield)

On 14 December 2010 Council resolved that a report be provided to Council (after seeking proposals from neighbours) outlining the opportunities and options for better use of 3 Rumann Avenue, Scoresby and opportunities to improve Benedikt Reserve.

This report outlines the responses from the local community and provides recommendations for future improvements.

RECOMMENDATION

That Council consider a business case for $30,000 for the development of a site development plan for Benedikt Reserve and Rumann Avenue as part of the 2012-13 budget.

1. INTRODUCTION

A report was put to Council on 14 December 2010 recommending the removal of reserve status from the land title at 3 Rumann Avenue Reserve, Scoresby. The application resulted in eighteen objections received from local residents and Council made the following resolution:

“That Council

1. Issue a Notice of Refusal to Grant a Permit for the removal of reserve status from the title of 3 Rumann Avenue, Scoresby, on the following grounds

1.1 The site was set aside for the purposes of providing public open space for future recreational use.

1.2 Retaining the land as open space maximises accessibility to Benedikt Park and allows surveillance to aid public safety.

2. Receive a report by April 2011 outlining the opportunity and options for better use of 3 Rumann Avenue, Scoresby including seeking proposals from neighbours, and opportunities to improve Benedikt Reserve.”

51 COUNCIL – CITY DEVELOPMENT 27 April 2011 7.4 Opportunity And Options For Better Use Of 3 Rumann Avenue

Scoresby (cont’d)

2. DISCUSSION

The reserve at number 3 Rumann Avenue Scoresby abuts the southern end of Benedikt Reserve and functions as a cut-through for residents into the larger reserve. 3 Rumann Avenue is the size of a houseblock and currently contains no park facilities other than a pine log fence to stop cars from entering the reserve. Whilst it is adjacent to Benedikt Reserve it is maintained at a different level and the residents take it in turns to mow a path through the grass.

A similar size road closure reserve abuts the northern end of Benedikt Reserve and has been included in this discussion as a result of residents’ feedback.

The written objections to the removal of reserve status from 3 Rumann Avenue, has outlined the importance of the reserve as a cut-through point for residents as well as emphasising the residents’ identity with retaining the green open space and leafy image of Knox City. There were also a number of concerns expressed regarding the function of the open space as a drainage system for the reserve and surrounding area.

3. CONSULTATION

On 4 March 2011 a letter was sent to 112 properties and property owners adjacent to Rumann Avenue Reserve and Benedikt Reserve requesting feedback from residents on how they currently use the reserve, how the reserve could be used better, and how this reserve could be developed to better meet their needs and that of the other park users.

Detailed responses were received from 13 households. Many people responded that they have been in the area for around 40 years and continue to live there because of the community and the open space and park.

Community feedback included:

• The park is used every day by individuals, neighbours and groups who walk for exercise, it was also noted that many women use the reserve as they feel safe there.

• The reserve including Benedikt Reserve, currently appears somewhat neglected with weeds over-running the existing small screen planting beds, there is very little mulch in the garden beds.

• The pavilion is covered in graffiti.

• There are no passive paths and seating (only near the playground).


Scoresby (cont’d)

• The playground is hidden behind the pavilion and there are parts of the park that have little or no passive surveillance.

• Rumann Avenue provides an alternative exit from the reserve if a park user is feeling unsafe.

Given the current state of the park it is clear that a strong community presence and high park usage are a major contributing factor to the love of the reserve and peoples’ feelings of safety.

Details of the current use, community activity and suggestions for improvements are listed as follows:

CURRENT USE:

• Passive recreation including dog walking, litter pick-up, grandkids playing ball games

• A place to drink the morning coffee

• The sporting presence is seen to be positive and many people like to watch the sport

• Flying a kite

• Playing football or tennis

• A general feeling of wellbeing associated with living near a wide open green space

IMPROVEMENTS:

• There is recognition of the growing number of households in the area through unit development and the increased need for outdoor spaces. A suggestion was made that the additional funds generated by these new properties could be used to improve the condition and facilities of the park

• A number of residents requested paths into the reserve and a circuit track around the reserve. There was mixed feedback on the surface of the path due to the area being wet throughout winter, but the majority of respondents requested a natural looking path such as gravel

• Repairs and upgrade of the drainage system that runs through the park due to the increased water damage to properties

• Removal of the pine log fencing and replacement with other methods of excluding cars such as garden beds

• Improve the entrance to the park with garden beds but use small shrubs with clear-trunked trees so that the park feels safe, some requests included for indigenous plants to attract birds and butterflies


Scoresby (cont’d)

• Seating through the reserve to provide gathering places for neighbours to drink coffee, resting places for circuit walks and seats for people to watch the tennis or sport on the oval

• Community garden or project in either 3 Rumann Ave reserve or the road closure to the north of Benedikt Reserve, allowing the residents to plant out garden beds was also suggested

• Prevent cars from accessing the gravel carpark at night and entering the grassed area of Benedikt Reserve

• General improvement for maintenance and safety for the tennis courts as well as the greater reserve

• Existing trees are much loved – there were mixed responses as to whether more were needed but a strong request for more planting in general, particularly to close the gap between the current planting and the fences to improve the feeling of safety and prevent hiding places from developing

• Simple exercise equipment

• Picnic tables

• Sealing the roadway that leads to the clubrooms

Additional ideas for improvement included:

• Possum boxes in reserve for habitat and interest

• Boards displaying trees, birds, animals, butterflies that are seen in the reserve

• Upgrade the street tree planting which is currently sporadic with gaps

• Larger playground

• BBQs and shelter


The retention of 3 Rumann Avenue as a reserve provides the opportunity to improve the environment and amenity in this area through the addition of garden beds and improve to drainage. Improving the landscaping in Benedikt Reserve and the road closure to the north provides additional opportunities for increased planting and the potential for sustainable gardening if a community garden was deemed appropriate through further planning and collaboration with the residents. There is also great potential for an art project to involve all interested members of the community as part of the park development.


Scoresby (cont’d)


Initially $30,000 would be required to develop a plan for the site to show basic improvements and additional facilities such as seating and would also allow for a small community-led project to be completed as part of this process. The strong community presence in this area may provide opportunities for a partnership to develop between Council and the community that allows the residents greater input into the reserve developments and ongoing maintenance.


It is important that any works undertaken in this reserve are developed in partnership with the community to ensure that the residents retain their strong association with the reserve and each other. The residents currently maintain parts of the reserve through lawn mowing and litter collection which increases community ownership of the park and creates opportunities for social and community strengthening. Future works in the reserve should build on this existing community spirit. There was also acknowledgement that Council shouldn’t be expected to be at the park everyday to collect litter and that there is opportunity for mutual support in some areas.

There is great capacity for community involvement in the improvement of this reserve which will strengthen community cohesiveness and improve the feelings of safety in the area.


Culturally rich and active communities

• Continue to address identified shortfalls in recreation and cultural opportunities, including opportunities for passive recreation

• Create opportunities for neighbourhood activities that assist and encourage people to connect at the neighbourhood level

• Facilitate good accessibility for all to Council and other community facilities and spaces

• Enrich community facilities, open space and neighbourhoods through the use of contemporary public art that reflects and promotes cultural heritage and diversity

Dynamic services and facilities

• Ensure community infrastructure is provided, managed and maintained to meet community needs and in accordance with compliance requirements


Scoresby (cont’d)

Sustainable natural environment

• Together with the community and other stakeholders, aim to plant a minimum of 100,000 trees in public space per year, to enhance natural habitats, open space and bush boulevards by 2013

Attractive and vibrant places

• Continue to contribute to a seamless tree canopy stretching from the Dandenong Valley to the tip of the Dandenongs

A well-governed and leading organisation

• Continually improve Council’s communications and engagement with the Knox community

• Build community confidence in Council

8. CONCLUSION

A strong community presence exists in the areas surrounding Benedikt Reserve and 3 Rumann Avenue which provides an ideal opportunity for partnership with Council to improve the amenity and function of this reserve. The community is active in this reserve which should be encouraged and supported into the future.

9. CONFIDENTIALITY


COUNCIL RESOLUTION MOVED: CR. VAN DE VREEDE SECONDED: CR. WALTER

That Council consider a business case for $30,000 for the development of a site development plan for Benedikt Reserve and Rumann Avenue as part of the 2012-13 budget. CARRIED

56 COUNCIL – CITY DEVELOPMENT 27 April 2011 APPENDIX A – MAP OF RUMANN AVENUE AND BENEDIKT RESERVE

57 COUNCIL 27 April 2011 COUNCILLOR COOPER VACATED THE CHAMBER AT 8.38PM DURING DISCUSSION ON ITEM 8 COUNCILLOR COOPER RETURNED TO THE CHAMBER AT 8.40PM DURING DISCUSSION ON ITEM 8 COUNCILLOR VAN DE VREEDE VACATED THE CHAMBER AT 8.40PM DURING DISCUSSION ON ITEM 8 COUNCILLOR VAN DE VREEDE RETURNED TO THE CHAMBER AT 8.42PM DURING DISCUSSION ON ITEM 8 COUNCILLOR GILL VACATED THE CHAMBER AT 8.48PM DURING DISCUSSION ON ITEM 8 COUNCILLOR GILL RETURNED TO THE CHAMBER AT 8.50PM DURING DISCUSSION ON ITEM 8 COUNCILLOR WALTER VACATED THE CHAMBER AT 8.58PM DURING DISCUSSION ON ITEM 8 COUNCILLOR COOPER VACATED THE CHAMBER AT 9.09PM DURING DISCUSSION ON ITEM 8 COUNCILLOR COOPER RETURNED TO THE CHAMBER AT 9.10PM DURING DISCUSSION ON ITEM 8 COUNCILLOR McMILLAN VACATED THE CHAMBER AT 9.12PM DURING DISCUSSION ON ITEM 8 COUNCILLOR McMILLAN RETURNEDTO THE CHAMBER AT 9.14PM DURING DISCUSSION ON ITEM 8

8. PUBLIC QUESTION TIME

Following the completion of business relating to Item 6, City Development, the business before the Council Meeting was deferred to consider questions submitted by the public. Question Time commenced at 8.38 pm. The following questions were raised with Council: Question 1 Why is it that we Knox Council and Daniel Robertson Industries

have not decided on a reasonable purchase for the remnant vegetation within Norvel Road Quarry?

Answer The Chief Executive Officer, Mr Graeme Emonson responded that negotiations are continuing regarding the long term preservation of remnant vegetation on this land. This item will be brought back to a future Council meeting once discussions conclude.

58 COUNCIL 27 April 2011 8. Public Question Time (cont’d)

Question 2 What does the Council intend to do about the vital preservation

and purchase of this important piece of bushland for Knox residents?

Answer The Chief Executive Officer, Mr Graeme Emonson responded advising that the previous answer addressed this question.

Question 3 What is the bases (sic) for Council requiring only one car space per dwelling?

Answer As the questioner was not present at the meeting, a written response will be provided by the Director of City Development, Mr Angelo Kourambas.

Question 4 Has any thorough study been carried out to date on the impact of the increased traffic which will occur in the Stud Road service road and nearby Stamford Crescent and have any negative aspects been identified?

Answer The Chief Executive Officer, Mr Graeme Emonson responded advising that traffic impacts are assessed with any planning application. Mr Emonson advised that the application would be considered on its merits and any traffic management issues would be considered as part of the development application.

Question 5 Will a traffic management study be conducted before the item is considered?

Answer The Acting Director of City Development, Mr Paul Dickie responded that detailed traffic impacts would be considered as part of the assessment of this development application.

Question 6 Considering that Knox Council has been establishing relationships with developers and has actually developed a database of available sites for redevelopment, are the specific details of these “available sites for redevelopment” that have been given to developers also available to Knox residents so that meaningful consultation can take place, including residents’ views of the sites suitability? If not, why not?

Answer The Chief Executive Officer, Mr Graeme Emonson responded advising that a copy of any redevelopment sites would be made available.

Question 7 In view of the fact that the Stud Park (Stage 2) Structure Plan has not yet been ratified, why is Knox Council voting on allowing a 6-storey development, before the decision has been made on whether to implement high density housing in established residential communities?

Answer The Acting Director of City Development, Mr Paul Dickie responded that applications must continue to be considered whilst the structure plan is being considered. The Chief Executive Officer, Mr Graeme Emonson further added that Council had earlier agreed as part of the Notice of Motion on the Stud Park Structure Plan (Stage 2) to undertake further review.


Question 8 I have built 4 houses in Knox over the years and the footprint

was only 35%, of the site was to be built on. What has happened to this rule of thumb?

Answer The Acting Director of City Development, Mr Paul Dickie responded that a standard 35% footprint of a site was not the standard at present. The Victorian State Government specifies the footprint standards across the entire state of Victoria.

Question 9 A number of plans for multi storey dwellings have been submitted to Knox City Council for approval. What plans are in place to improve the infrastructure in the surrounding area, specifically with regards to public transport?

Answer Cr Mick Van de Vreede responded that Knox City Council has been actively advocating on behalf of its residents for public transport improvements, not just in the municipality but in the region. Councillor Van de Vreede advised that the Smart Bus services currently run from 5.30am until 12 midnight. Knox City Council is lobbying for the Rowville Rail, a review of the Bus services and the Council has actively been meeting with Ministers and Government Department representatives to have these items at the forefront of the State Government’s planning.

Question 10

Are all Councillors completely familia (sic) with the Stamford Estate area and if not will they visit the area to ensure they are/can fully comprehend all the problems outlined by the objectors of the high rise apartment blocks.

Answer Councillor David Cooper responded to the questioner that he cannot speak on behalf of all Councillors however he did view each planning application site before Council. The Mayor, Cr Sue McMillan also responded that all Councillors take their role very seriously and respond to the issues presented before them.

Question 11

I keep reading about the needs of the community, ensure residents have improved access, maintaining the valued qualities. Are the existing residents taken into account for their needs etc?

Answer The Chief Executive Officer, Mr Graeme Emonson responded advising that the Council takes into account the needs of the community and considers all the factors before them, on balance, in considering planning applications.

Question 12

How many of the proposed 46 apartments are to be set aside for the purpose of social housing?

Answer The Acting Director of City Development, Mr Paul Dickie responded that there are no provisions in the planning scheme to make affordable housing a requirement of any development application.


Question

13 As a resident opposed to this high density housing, what is the Council’s view an (sic) have they been forced to enact this new high density housing by the State and Federal Government?

Answer The Acting Director of City Development, Mr Paul Dickie responded that both the State Government and Knox City Council have provided population targets for the municipality and were responsible for the development of Housing Strategies and Structure Plans.

Question 14

Would the Councillors be okay with the high density housing developments next door to their homes? Will the Marie Street covenants remain in place under an Activity Centre?

Answer The Acting Director of City Development, Mr Paul Dickie responded that the planning scheme prohibits applications being approved that would breach a covenant.

MOVED: CR. VAN DE VREEDE SECONDED: CR. MORTIMORE That an extension of time be granted for Public Question Time. CARRIED

Question

15 Has Knox Council or its Planning Department asked the MMBW now known as Melbourne Water to do a thorough investigation of the capacity of current storm water drains and the sewerage system in the Tirhatuan Ward, to see whether it can cope with the 6-storey complex, in particular and all the other high-density complexes proposed?

Answer The Chief Executive Officer, Mr Graeme Emonson responded that in assessing any planning application, Melbourne Water as a referral authority would be consulted as part of the process for Council to consider an application.

Question 16

In the planned development of the Boronia Activity Centres will Genista Reserve be changed in character or reduced in size?

Answer As the questioner was not present at the meeting, a written response will be provided by the Director of City Development, Mr Angelo Kourambas.


Question

17 In view of the fact that Stud Park (Stage 2) Structure Plan has not yet been ratified, why is Knox Council voting on allowing a 6-storey development, before the decision has been made on whether to implement high density housing in established residential communities. If the Council votes in favour of the 6-storey complex it would make a nonsense of the planned community consultation regarding the structure plan, because it would have set a precedent for such high density development.

Answer The questioner advised the Mayor, that an answer had already been provided to this question

Question 18

Will the properties be adequately protected from this high density development if they already have covenants which don’t allow subdivision of the properties?

Answer The questioner advised the Mayor, that an answer had already been provided to this question

Question 19

The development of the multi-storey building will affect the traffic condition. On top of that, are they going or looking at the sewerage problem due to increase of population?

Answer The Chief Executive Officer, Mr Graeme Emonson responded that the immediate issue regarding sewerage reticulation should be addressed with South East Water, the responsible authority for wastewater issues. Mr Emonson advised that the impact of all infrastructure is considered by Council as part of any planning application. Mr Emonson indicated that he would be happy to discuss this matter further with the questioner at the conclusion of the meeting.

Question 20

Why does Council consider it appropriate to contemplate a six storey development in the predominatly (sic) single storey area of Stamford Estate?

Answer The questioner advised the Mayor, that an answer had already been provided to this question.

Question 21

Do the Knox Councillors realize or care that a decision to allow high density housing in established low density housing areas of Rowville, would irrevocably change the whole character of the neighbourhood, be severely detrimental to current residents’ amenity and inevitably introduce problems like increased crime, violence and drugs – all commonly associated with high density housing in the inner suburbs?

Answer The Mayor, Cr Sue McMillan responded that the Councillors collectively are listening to the residents of the Knox community. The Councillors appreciate hearing the concerns raised by members of the community in relation to issues before Council.


Question

22 Has Councillor Van de Vreede decided whether he has a “vested interest” restricting him from discussing and voting on the proposed 6-storey development at 1088-1090 Stud Road and will he be voting on May 31st? If Councillor Van de Vreede has not decided when will he make that decision and when will he let residents know of his decision?

Answer Cr Mick Van de Vreede responded that legal advice was being obtained on the impact of the development of structure plans and the affect this may have for an individual Councillor in context of the Conflict of Interest provisions within the Local Government Act. Cr Van de Vreede responded that until further advice was obtained he would need to abstain from voting on the matter regarding the Stud Park Structure plan.

Question Time Concluded at 9.26pm.

63 COUNCIL – COMMUNITY SERVICES 27 April 2011 COUNCILLOR VAN DE VREEDE VACATED THE CHAMBER AT 9.27PM DURING DISCUSSION ON ITEM 9.1

ALL WARDS

9.1 FORMER FERNTREE GULLY SECONDARY COLLEGE SITE

SUMMARY: Youth Services Coordinator (Tony Justice)

This report has been prepared following consideration of a Call Up item approved by Council at its meeting of 22 February 2011. This report provides an update from the Department of Education and Early Childhood Development in relation to when the Prep – Year 12 (P-12) Autism School will be opened at the former Ferntree Gully Secondary College site.

RECOMMENDATION

That Council notes the advice from the Department of Education and Early Childhood Development on the commitment to fund the development of an Eastern Autistic School, Prep – Year 12 at the Ferntree Gully Secondary College site.

1. INTRODUCTION

Council at its meeting of 22 February 2011 approved the following:

“That a report be prepared for the 27 April, 2011 Ordinary Meeting of Council to provide an update on when the All Age Autism School will be opened at the old Ferntree Gully Secondary College site after consultation with the Department of Education and Early Childhood Development.”

At the time, there was community concern that the proposed school may not proceed.

2. DISCUSSION

Council officers have contacted Mr Dean Mann, Assistant Regional Director, Eastern Metropolitan Region Department of Education and Early Childhood Development seeking a response to the request in relation to the Call Up item for the property known as the former Ferntree Gully Secondary College site.

Mr Mann provided Council with a media release from The Hon Martin Dixon MP, Minister of Education, Tuesday 29 March 2011. Relevant extracts from the media release pertaining to the report are set out below.

“The Baillieu Government today announced an extra $8 million for the completion of the Eastern Autistic School, reassuring parents and the community that a P-12 school will be built”.

64 COUNCIL – COMMUNITY SERVICES 27 April 2011 9.1 Former Ferntree Gully Secondary College Site (cont’d)

“Minister for Education Martin Dixon made an announcement today, with the principal and parents at the current Wantirna Heights ASD facility, that the $16 million P-12 Eastern Autistic School will be built and completed by the Baillieu Government”.

“Stage 1 of the relocation was budgeted in 2010/11 and the additional $8 million needed for the completion of the Eastern Autistic School will be available from 1 July 2011 after completion of Stage 1”.

At this stage, it is unclear when the new school will be opened.

3. CONSULTATION

As the Call Up item was very specific, consultation was only required with Mr Dean Mann, Assistant Regional Director, Eastern Metropolitan Region Department of Education and Early Childhood Development as he is the appropriate liaison person.


The development of an Autistic Disorder Spectrum specific school would be beneficial for the community and have a positive amenity impact with the use of a vacant facility in Knox.

The public commitment of the new State Government to deliver a new P-12 school for children with autism has been welcomed by community members who have been advocating for this development.


There are no financial implications to Council arising from this report.


The provision of increased services (in particular educational) for Autistic Disorder Spectrum children or young people and their families is required in the municipality and more widely within Victoria. Council’s role is to continue to advocate on behalf of its residents and in this case, those experiencing disadvantage in relation to educational services within the local community, both at the primary and secondary school levels.

65 COUNCIL – COMMUNITY SERVICES 27 April 2011 9.1 Former Ferntree Gully Secondary College Site (cont’d)


This matter is relevant and relates to the Council Plan 2009-2013 (2010 update):

Theme one • To improve the health and wellbeing of the Knox Community

Theme two • To provide and support opportunities for community members to

participate in a vibrant community life

8. CONCLUSION

The advice officers have received concerning the development of an Autistic Disorder Spectrum specific school P-12 will provide a valuable new local service for children, young people and their families contending with Autistic Spectrum Disorder.

9. CONFIDENTIALITY

There are no confidential issues associated with this report.

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

That Council notes the advice from the Department of Education and Early Childhood Development on the commitment to fund the development of an Eastern Autistic School, Prep – Year 12 at the Ferntree Gully Secondary College site. CARRIED

66 COUNCIL – COMMUNITY SERVICES 27 April 2011 COUNCILLOR COSSARI VACATED THE CHAMBER AT 9.30PM DURING DISCUSSION ON ITEM 9.2 COUNCILLOR COSSARI RETURNED TO THE CHAMBER AT 9.34PM DURING DISCUSSION ON ITEM 9.2 COUNCILLOR VAN DE VREEDE RETURNED TO THE CHAMBER AT 9.36PM DURING DISCUSSION ON ITEM 9.2

DINSDALE WARD

9.2 THE BAYSWATER PRIMARY SCHOOL – PROPOSED PRESCHOOL PARTNERSHIP WITH COUNCIL

SUMMARY: Manager – Family and Children’s Services (Janine Brown)

On 25 January 2011 Council resolved that a report be provided to Council (after consultation with the Department of Education and Early Childhood Development and the Local Member of Parliament) providing information on what would be required to enter into a service/partnership with Bayswater Primary School and the Department of Education and Early Childhood Development (DEECD) to have a Council Preschool Service and/or facility located on the Bayswater Primary School site. The report is to include:

1. Advice as to whether the Department of Education and Early Childhood Development are prepared to provide a peppercorn rent for this site.

2. Advice as to whether the Department of Education and Early Childhood Development are prepared to fund the work needed to bring the building up to a standard capable of meeting Children’s Services Regulations.

3. Options on how and who would run the service.

This report provides Council with an overview of progress to date in relation to the investigations and outlines key issues that have been identified for further consideration based on the progress to date.

RECOMMENDATION

That Council

1. Note the report on progress associated with the concept of a service/partnership with Bayswater Primary School and DEECD.

2. Receive a further report together with recommendations, when the outcomes of the investigations are further refined.

67 COUNCIL – COMMUNITY SERVICES 27 April 2011 9.2 The Bayswater Primary School – Proposed Preschool Partnership

with Council (cont’d)

1. INTRODUCTION

1.1 Background

Council’s Chief Executive Officer (CEO) received a letter in July 2010 from the Principal of Bayswater Primary School containing an introductory proposal for an early years hub, including 4-year-old preschool on the Bayswater Primary School site. Between July and December 2010, a number of exploratory meetings were held and letters and emails exchanged between the CEO, Director Community Services, Manager Family and Children’s Services, and Principal Bayswater Primary School. The aim of these discussions was to facilitate a deeper understanding of the proposal and related implications.

Amongst issues explored were concepts concerning proposed governance and operational arrangements, capital and operational costs, licensing and compliance arrangements and broader principles around planning for community service needs and associated infrastructure.

In November 2010, following a meeting with the School Principal and School Council President, the CEO wrote to confirm a common understanding of the proposal to date and request more specific information and response to a number of outstanding issues before further discussion was to take place. The Principal responded in January 2011 with correspondence outlining the outcomes of his investigations of the outstanding issues to date. This was followed by a Council resolution requesting a report on this proposal from the 25 January 2011 Council meeting.

1.2 Progress to Date

To date the following acitons have been undertaken since the Council resolution of 25 January, 2011.

• A response has been received from the Eastern Metropolitan Region (EMR) DEECD Manager, School Provisioning and the Assistant Regional Director Early Childhood and Youth Services, following correspondence seeking specific and formal advice to inform the Call-Up Item Report.

• Correspondence has been sent by the CEO to the School Principal requesting further information relating to the Call-Up Item in addition to Council Officers conducting a site visit of the proposed school facility accompanied by the Mayor.

• Discussion between the Director, Community Services and the Local Member of Parliament, Heidi Victoria MP, has been undertaken in accordance with the Council resolution.

In addition a number of key policy and operational issues have been explored to respond to this Call-Up item.



1.3 Policy and Service Context

1.3.1 National Early Years Reform Agenda and 15 Hours of Preschool (Universal Access) by 2013

Council has previously been informed of the National Early Years Reform Agenda, of which the Universal Access to 15 Hours of Preschool from 2013 is a significant initiative.

The National Early Years Reform is an initiative of the Council of Australian Governments (COAG) aiming to improve the quality of early childhood education and care services through initiatives such as introducing national consistency through improved national quality standards and regulatory requirements, improving staff:child ratios and educator qualifications, and ensuring that every child has the opportunity to attend a preschool program in the year prior to primary school – Universal Access to 15 Hours of Preschool (Universal Access).

From 2013, every 4 year old will have access to a teacher-led early childhood education program for 15 hours each week, 40 weeks per year. Council has a key role in the implementation of this initiative in Knox, both as a Kindergarten Cluster Manager and the largest preschool provider in the municipality, and as a municipal planner and facilitator. Infrastructure, workforce and funding challenges have been identified, and all jurisdictions are currently waiting for the Universal Access Interim Review report to be released in July 2011 to understand any further developments in these areas as well as the timelines for implementation.

1.3.2 State and Commonwealth Community and Schools Partnerships

The Commonwealth and Victorian Governments both have policies that acknowledge the evidence which supports co-location and integration of early years, schools and family support services. Co-location can support families to physically access services, reducing multiple drop-offs; whilst integration and collaborative practice supports families, children and professionals to work together to improve outcomes for children and families.

The National Early Childhood Development Strategy is aimed at helping all levels of government to build a more effective and better coordinated national early childhood development system to support the diverse needs of Australian children and their families. It covers children from before birth to eight years and aims to improve the health, safety, early learning and wellbeing of all children and better support disadvantaged children to reduce inequalities.



The Strategy provides the road map for action and for engaging effective partnerships across and between governments, with the non-government sector, and with families on the needs of young children.

A specific action identified in the Strategy is to enhance collaboration across schools and early childhood services to improve transition to school from early childhood settings

The Commonwealth Government has funded early learning and care centres across Australia, with encouragement to locate these on school sites, as well as TAFEs, universities and other community land.

The Victorian Government acknowledges that education is a collective responsibility and is committed to strengthening partnerships between schools, families, community and business. It also recognises the importance of integrated and collaborative practice and service delivery in relation to early childhood and family support services. This is demonstrated through initiatives such as Best Start and The Smarter Schools National Partnership Project in low socio-economic status communities.

The Victorian Departments of Education and Early Childhood Development and Planning and Community Development recently released two publications to support the development and governance of shared community facilities.

1.3.3 Council’s Endorsed Capital Infrastructure Early Years Facilities Plan 2010-13

Council’s Early Years Strategic Services and Facilities Review (EYSSFR) was completed in 2009 and included an assessment of the capacity of Council’s early years services and facilities to meet the demand for Universal Access by 2013, with a particular focus on suburb population trends and identifying where demand may outstrip supply.

On 9 February 2010, Council endorsed in principle, a 3 Year Capital Infrastructure Early Years Facilities Plan 2010-13. The Plan included a recommended action to re-commission Council’s Koolyangarra early years facility in Bayswater as a licensed preschool facility subject to confirmed demand analysis and potential preschool facility provision across the Bayswater community. This proposal acknowledged the strong likelihood of an increase in demand for preschool services in the Bayswater community that could not be met by services currently operating, including funded preschool programs in long day care settings.



The EYSSFR Executive Summary presented to Council at the 9 February 2010 Council meeting also identified the potential to create an early years hub in Bayswater at Council’s Blue Hills early years facility by combining existing preschool, Maternal and Child Health and community playgroups with a relocated Coorie Avenue Children’s Centre. The Summary went on to identify that if demand exceeded capacity in relation to MCH and playgroup services at the Blue Hills site, additional outreach MCH and playgroup services could be located in the proposed Bayswater Multi-purpose Community Facility proposed to be located in central Bayswater, enabling an integrated service approach with the proposed library and enhanced access for families due to proximity to public transport.

1.3.4 Council’s Project to Enhance Preschool Participation in Bayswater

The Australian Early Development Index (AEDI) identifies that children in the Bayswater community have a higher number of developmental vulnerabilities compared to some children in other parts of the Knox community. Council has also been aware that the level of preschool participation of eligible children in the Bayswater community has been poor compared to other parts of the Knox community. The lack of a sustainable number of enrolments for the Koolyangarra facility has meant that this site has not operated as a 4-year-old preschool for 5 years. However, the Koolyangarra facility has continued to offer early years activities such as Community and Supported Playgroups.

Local preschool participation has been identified as a priority both by Council and the Eastern Metropolitan Region of DEECD. In 2010, Council was successful in securing a grant through DEECD with the aim to increase and sustain preschool participation in Bayswater, Boronia and The Basin. This 18-month project is due to conclude in April 2012, and is seeking to understand both the barriers and enablers for families experiencing disadvantage when enrolling in a preschool program for their child.

The project also aims to link vulnerable families in to preschool programs who may otherwise not be engaged with any early years or family support services.

The findings and outcomes of this project will be available to inform strategies used by Council-run and non-Council early years services seeking to increase their engagement with families, particularly vulnerable families, in Bayswater, Boronia and The Basin.



1.3.5 Council’s Role as a Kindergarten Cluster Manager in Knox

Knox City Council has centrally managed the majority of preschool services across the municipality for over thirty years. In 2002, Knox Council, as a multiple preschool provider applied for and was granted newly available funding to operate as a Kindergarten Cluster Manager under the State Government model. This management model groups preschools together under a single employer as licensee of these children’s services and provides additional funding for each service location within the cluster management model.

Council continues to be funded by DEECD to operate a Kindergarten Cluster and in 2010 provided preschool to 1,403 children attending 55 preschool groups across the municipality operating from 29 Council-owned facilities.

Council’s role as Kindergarten Cluster Manager is to support the delivery of a high quality preschool service to the children and families enrolled in the service and includes central enrolment, employment of preschool staff, ensuring all legislative requirements are met, training and ongoing support to committees, collection of term fees on behalf of volunteer committees and the management of 30 early years purpose-built licensed preschool facilities from which preschool programs are delivered across the municipality.

As part of Council’s role as a Kindergarten Cluster Manager, municipal-wide demand for 4 year old preschool is administered by a Central Enrolment database and assessed annually in accordance with the Preschool Operational Policy Matrix to determine additional sites opening where available, or potential closure due to decreased demand. Despite low enrolements over the last 5 years which determined that Koolyangarra was suspended as a funded preschool facility, Koolyangarra is currently listed on Council’s Application for 4 Year Old Preschool form as being operational for funded preschool programs from 2013.

2. DISCUSSION

The proposal for a preschool at Bayswater Primary School has implications for Council in its role as a municipal planner for preschool provision, but also in its role as provider of preschool as a Kindergarten Cluster Manager. There are also likely impacts on Council’s early years facility management in the Bayswater area, particularly the Koolyangarra facility.

The governance and operation of a preschool located at Bayswater Primary School is likely to present partnership opportunities, risks and challenges between the school, DEECD, Council and a private for-profit childcare service.



2.1 Key Issues for Consideration to Date

2.1.1 Preschools as ‘Feeders’ to Primary Schools

Bayswater Primary School believes that creating an early years hub on the school site would assist in ensuring a sustainable future for this school through the creation of a feeder preschool. Council does not currently support a policy approach of promoting competition for enrolments between schools or creating explicit ‘feeder’ services for individual schools. Council’s policy in this regard would need to be revised should the Primary School proposed proceed. A full appreciation of the implications of such a change in policy would be required.

2.1.2 Private/Public Partnerships

The School has introduced the idea of a private-public partnership between the School Council, Knox Council and the private-for-profit childcare centre adjacent to the school site. This idea could be problematic in regards to governance, financial and minimum quality arrangements in addition to existing State Government policy around the allocation of preschool subsidy for eligible children attending early years services. State Government policy dictates that children can only access funding for a 4 year-old preschool program at one service site. This means that children who are accessing funded preschool at a childcare service would not be eligible for funding to attend the Bayswater Primary school preschool service.

2.1.3 Current Strategic Plan for Early Years Services in Bayswater

Council’s endorsed in principle 3 Year Capital Infrastructure Early Years Facilities Plan (EYFP) 2010-13, includes a recommended action to re-commission Koolyangarra in Bayswater as a licensed preschool facility for January 2012, subject to confirmed demand analysis and preschool facility provision across the Bayswater community. Whilst current preschool central enrolment forms list Koolyangarra to reopen for enrolments in 2013, final planning in relation to the provision of 15 hours of preschool and the ‘lead up’ in demand across the municipality is currently planned for the 2011-12 year. Should the Bayswater Primary School proposal proceed, the future of Council’s Koolyangarra facility would need to be determined.



2.1.4 Potential for Integrated Early Years Services

As part of a recommendation for consideration in the EYSSFP, Council might consider moving the Coorie Ave Childcare service to the Blue Hills site to combine with current preschool, MCH and playgroup services. This would be subject to a broader review of Council’s existing childcare services and early years facilities. This proposal would involve selling the Council-owned Coorie Ave site and reinvesting the acquired funds into a new Council-owned Blue Hills Hub project. This strategy is also complemented in the EYFP by the proposal to provide satellite MCH and Supported Playgroup sessions at the proposed Bayswater Multi-purpose Community Facility in Central Bayswater. Bayswater Primary School has expressed concern that this approach could potentially draw additional families away from the school.

2.1.5 Potential Capital Costs

Re-commissioning the Koolyangarra site would involve some capital investment by Council (estimated to be around $50,000). Bayswater Primary School has indicated that it would seek an investment of a combination of Council and School Council funds in the Bayswater Primary School facility of around $60,000 in order to make an existing classroom ‘service ready’ for an early years preschool program to commence operations.

Bayswater Primary School has indicated that the School Council could contribute approximately $10,000 and that the remaining funds would be sourced through DEECD or Knox City Council. Following the recent site visit to the proposed Primary School facility by Council Officers, the estimation of $60,000 appears to be significantly conservative as a number of fit for purpose building modifications and fit-outs were identified as being required to meet National Quality Standards in addition to the complete design and establishment of a high quality early years outdoor playground and appropriate fencing. This work would be needed to meet the required National Quality Standards and a quality environment equivalent to other preschool services provided by Council across the Knox community. An accurate, detailed costing of building modification works required to the Primary School site will be required before Council can finally determine its position on this proposal.

2.1.6 Governance / Management Arrangements

The nature of the governance and management arrangements for a partnership between Council and the Bayswater Primary School would depend on an agreed service model. These are further explored in section 2.2 of this report.



The governance and management arrangements would need to ensure that the early years pre-school service would able to meet the standards required for the National Quality Framework for Early Years Services, legislation covering early years services and licensed facilities, clarity of roles in initial and recurrent funding, staff management, participation of families and community access to the service.

2.2 Possible Options

A number of options are available to Bayswater Primary School in establishing a preschool on the school site. These are outlined below with some preliminary considerations:

A. The School Council in collaboration with DEECD funds the capital investment required to create a licensed, accredited quality early years service and becomes the Licensee of a funded preschool service. In conjunction with the School Council or community Committee of Management, the school employs employs the staff, manages enrolments and operates as an independent preschool service.

The Committee of Management would be responsible for employing and managing staff; overseeing the service’s budget and associated activities; ensuring and overseeing compliance with relevant legislation and regulations; and day-to-day management of the preschool program and early learning environment.

B. The option described above however, Council agreeing to suspend 4-year-old preschool enrolments to Koolyangarra to maximise enrolments at the newly established Bayswater Primary School Preschool.

In consideration of available demographic data, the predicted demand for 4-year-old preschool in Bayswater would not necessitate a preschool service at both Bayswater Primary School and Council’s Koolyangarra facility.

C. Capital investment required to be ‘service ready’ is funded by DEECD and the School Council and Knox Council enters into a long-term lease arrangement with Bayswater Primary School to operate a Kindergarten Cluster managed program on site and retains Koolyangarra for other early years activities in the community.



If Koolyangarra Preschool was relocated to Bayswater Primary School, it would become a site included in Council’s Kindergarten Cluster and managed in relation to Council’s preschool policies and procedures, and State Government policies and procedures for Kindergarten Cluster Managers. Council would adopt all the roles and responsibilities of the management and operation of the service as the Kindergarten Cluster Manager. These roles and responsibilities include:

• Administration of central enrolment across the municipality for Council-run preschools and the setting of preschool fees as part of the Cluster Management approach across the municipality;

• Support families and children in their transition from preschool to primary school, in a way that respects their choices for school enrolments which may not include attending Bayswater Primary School in the year following preschool;

• Employment of staff located at the proposed Bayswater Primary School Preschool by Council in the Kindergarten Cluster, including roles and responsibilities associated with day-to-day staff management, and the capacity to change staff across the municipality to meet other identified demand across the community and to manage workforce;

• Partnership with a volunteer committee made up of parents whose children are attending the preschool service.

D. Council contributes to the capital investment required to establish a quality preschool facility through the proceeds of the sale of Koolyangarra and operates a Kindergarten Cluster managed program on site (renamed Koolyangarra on Bayswater Primary School) into the foreseeable future as part of a long-term lease arrangement with Bayswater Primary School Council.

Council would close an existing purpose-built early years facility (Koolyangarra):

• This option assumes that Council would support the investment of capital funds into a non-Council asset;

• Both capital investment & future lease arrangements would need to describe how this capital investment would be realised on behalf of Council and the Bayswater community should Bayswater Primary School not continue for any reason into the future.



Whilst Bayswater Primary School has indicated that Option D is their preferred option at this stage, a more thorough examination of all options in relation to the ‘best fit’ for Council’s role and capacity to deliver sustainable funded preschool services into the future for children in the Bayswater community would be required.

2.3 Issues for Further Analysis

Should Council determine to fully consider the School’s preferred Option D, Council would need to explore further:

a. A clear understanding of DEECD’s long term plans for the Bayswater community in relation to school provision to understand the long-term implications of Council’s potential investment and involvement in a legal partnership with a particular school and how this might impact preschool provision for all children in the Bayswater community;

b. Legal advice about the preferred option/s and specifically in relation to the requirements of a long term lease with State Government and issues, opportunities and risks in entering into a public-private partnership with a for-profit childcare centre;

c. Detailed cost-benefit analysis of the preferred options;

d. Community and stakeholder engagement, guided by Council’s Community Engagement Framework;

e. Further development of Council’s EYFP into the next three years (2014-2017) to enable more concrete plans in relation to the infrastructure demands on Council’s existing early years facilities as the change in child: staff ratios for preschool aged children are implemented in 2016. This would include recommendations relating to local communities across the municipality including the Bayswater area; and

f. Consideration of the findings from the Interim Review of the Universal Access to 15 Hours of Preschool Initiative. The Review’s report is due to be released in April/May 2011 and is expected to provide further information and guidance regarding timelines and funding arrangements to implement the Initiative.

2.4 DEECD Advice and Response Regarding the Bayswater Primary School Proposal

A response was received in March 2011 from the Assistant Regional Director, Eastern Metropolitan Region Department of Education and Early Childhood Development, to correspondence from Council in relation to this Call Up Item.



Extracts from this response are included below:

a. Peppercorn rent:

A joint use agreement would need to be negotiated with DEECD Infrastructure Division which may include peppercorn rent for the site. This would be subject to Knox City Council taking on the responsibility for maintenance, management and operation of the relevant section of the building.

b. DEECD funding to upgrade the facility and ensure compliance:

The Children’s Capital Program for 2010-11 has been fully committed and availability of any further capital funding will be subject to future government budget announcements.

c. DEECD’s future planning for school provision for primary education in the Bayswater community:

When clear demographic trends, community needs and current infrastructure capacity are assessed through a provision planning process, school networks may decide as a group that rationalising resources is the best way to meet current and future needs of their students and community.

This may, in some cases, involve schools voluntarily opting to merge with a neighbouring school or possibly two or more schools opting to merge and rebuild on a new site.

These decisions are not made by the Department but rather are the outcome of decisions made by networks of schools themselves, within a context of strong community consultation and with the main focus being on enhancing education opportunities for all young people and children. There is no current plan for any change to primary education provision in the Bayswater area.

d. Options for governance and responsibility of day-to-day operations of the proposed hub:

The new Kindergarten Cluster Management Policy Framework emphasises the importance of kindergarten cluster management as a key strategy to build a stronger and more responsive and effective kindergarten system across the state.



The framework outlines five key components to guide all organisations involved in kindergarten cluster management. Kindergarten Cluster Managers will: o Be geographically based o Demonstrate robust governance and support infrastructure o Participate in local partnerships o Provide professional development opportunities and career

pathways for kindergarten staff o Foster a culture of continuous improvement

As an approved Kindergarten Cluster Manager with a strong history in the provision of early childhood services, Knox City Council is well placed to consider the partnership arrangement with the School Council to govern and manage the proposed hub.

Alternatively, the School Council may wish to be responsible for the governance and operation of the proposed service.

e. DEECD’s view on the impact of a partnership between Knox City Council and School Council and other primary schools in the area:

It is likely that this particular type of partnership would heighten interest amongst schools in the area around the delivery of K-12 learning for children and young people.

This may generate the formation of further partnerships between schools and early childhood services where discussions could be held on areas such as transition and curriculum programs.

f. In order to attract kindergarten per capita funding, it is a requirement to enrol a minimum of twenty 4 year old children in a teacher-led preschool program.

3. CONSULTATION

This report follows eight months of correspondence and discussion between Senior Management, Directors and the CEO from Council, and the Principal and School Council President from Bayswater Primary School to further both parties’ understanding of the concept and potential of the proposal, as well as preliminary consideration of legal, tenancy and partnership issues.

Council officers have consulted with senior staff in EMR DEECD, seeking detailed and specific advice regarding partnerships with schools, lease conditions and details pertaining to potential governance arrangements.



Officers have spoken with the Member for Bayswater, Heidi Victoria MP, on the proposal as outlined by Bayswater Primary School. Heidi Victoria MP expressed her interest in ensuring accessible early years services for the total Bayswater community into the future and that she would be happy to discuss the proposal once Council had fully investigated the feasibility and implications of the School’s proposition.

To date, no consultation has been undertaken with the community to understand their needs and desires for preschool provision in the Bayswater area.


The ‘Guide to Governing Shared Community Facilities’ (DEECD & DPCD, 2010) provides information related to sharing a facility, including governance and management. As suggested by DEECD, the proposed partnership between Council and Bayswater Primary School requires a Lease Agreement and a Joint Use Agreement. A Shared Use Agreement could also be considered.

Council’s Early Years Services and Facilities Plan outlines a proposed future for early years’ facilities in the Bayswater community. At present, this proposal does not include a partnership with Bayswater Primary School.

The provision of a quality early years service and environment is subject to a legislated National Quality Framework. Knox City Council currently supports early years services across 48 fit for purporse facilities.


Cost-benefit analysis, detailed asset and service modelling and legal advice would be recommended before Council makes a formal decision on the proposal by Bayswater Primary School to locate a funded preschool service on the school site.

Resources and operational capacity to progress a project of this nature have not been factored into the Council Plan activity for 2011-12 and beyond. Additional ongoing resources would be required should Council decide to implement the project and to subsequently manage the established partnership. The precise costing for project development and ongoing implementation would require further analysis once a preferred model has been decided upon.



Council has an existing, purpose built early years facility in the Bayswater community which is currently not operating as a licensed, funded preschool location but does support the delivery of community and supported playgroups to children and families in the community. This location is currently licensed and would require some investment to bring it up to standard to open again as a funded preschool location in Council’s Kindergarten Cluster by 2013. Initial assessment by Council Officers estimates this investment to be approximately $50,000.

Bayswater Primary School has indicated their preliminary advice is that an investment of $60,000 would be needed to make the proposed facility on the school site ‘service ready’. However, following the site visit by Council Officers, it is believed that this is a significantly conservative estimate given the amount of fit for purpose modifications that would need to be undertaken both in the existing classroom and proposed outdoor playground. The Bayswater Principal has been asked to provide an itemised estimate from DEECD who are the regulatory authority that responsible for the monitoring and implementation of the Children’s Services legislation in relation to this matter. This information is awaited.


Without further development of the considerations and recommendations of Council’s Early Years Strategic Service and Facility Review and any additional information submitted by DEECD for the Bayswater area, current understanding of the need for early years services and how this need may be addressed with all schools in the Bayswater community is limited.

Preschool is one of a suite of early years service that potentially supports children and families in a community setting. As such, the plan for existing and future preschool, childcare and Maternal and Child Health services is at this stage preliminary and requires further and detailed work to be able to inform robust planning decisions and resource investment in the area.

At the time of writing, the Interim Report for the Universal Access to 15 Hours of Preschool is yet to be released by the Federal Government. This report will summarise the findings of a mid-term review of the Universal Access Initiative, including timelines and funding arrangements, and is anticipated to provide further guidance to plan for the implementation of the Initiative.



The State-funded project to increase participation in preschool will have implications for early years service providers within the Bayswater area. This project will be testing evidence-based strategies and approaches designed to boost service providers and professionals’ capacity to engage with vulnerable families at a local (suburb) level. Understanding what is effective and what is ineffective for families who live in Knox will be valuable information to contribute to preschool planning and provision into the future in the Bayswater, Boronia and The Basin areas.


Council’s Strategic Objectives in relation to Healthy, Connected Communities and Dynamic Services and Facilities outline a commitment to improve the health and wellbeing of the Knox community and support opportunities for community members to participate in a vibrant community life in addition to improving the quality of services and infrastructure to meet the community's needs.

Knox Council Plan 2009-2013 (2010 Update) clearly outlines through its Key Focus Areas the intention to ensure that Council services respond to changing needs and government policy, that community can enhance access through the provision of co-located services and that community infrastructure is provided, managed and maintained to meet community needs and in accordance with compliance requirements.

Knox City Council’s Municipal Early Years Plan ‘Off to a Flying Start’ sits within a hierarchy of Council’s strategic plans for the Knox community and directly relates to the outcomes ascribed in Vision 2025, Counci Plan and Council’s Health and Wellbeing Plan.

Knox’s vision for children and families outlined in the MEYP is that:

• Children are “nurtured by their families, neighbourhoods and services providers towards optimal health, wellbeing and development” and;

• That “Knox families, neighbourhoods and organisations are deeply committed to and knowledgeable about promoting children’s health, wellbeing and developmental opportunities”.

8. CONCLUSION

Preliminary work has been undertaken in response to the Bayswater Primary School proposal, however, a number of key areas require further work to inform a more detailed Council report and before a decision by Council can be made.



Should Council determine to proceed, appropriate resources (including Officer resources) will be required to progress the work involved, as they have not been accounted for in current operating budgets. These resources would be allocated to further investigate the issues, risks and opportunities (including legal consideration and a cost-benefit analysis), at a depth necessary to properly inform a detailed Council report regarding this proposal.

A component of the work required to progress the proposed preschool on the Bayswater Primary School site is a significant community consultation and engagement process with all key stakeholders in the Bayswater community.

9. CONFIDENTIALITY


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

That Council:

1. Resolves, in principle, to consider the concept of establishing a 4 Year Old Preschool service as part of Council’s Kindergarten Cluster Management at the Bayswater Primary School site as of January 2013 subject to the following condition:

a. That Council limits its capital investment to support the establishment of a pre-school facility on the Bayswater Primary School site to $50,000 and all other capital investment required to make this site service ready is provided by the Bayswater Primary School Council and the Department of Education and Early Childhood Development.

2. Continues negotiations to establish this service with the Bayswater Primary School and that the project management funding required is considered through Council’s mid-year budget review 2011-12 at an estimated cost of $25,000 to $30,000.

3. Receives a report outlining progress on the establishment of a preschool service as part of Council’s Kindergarten Cluster Management services at the Bayswater Primary School by August 2011.

CARRIED

83 COUNCIL – CORPORATE DEVELOPMENT 27 April 2011

ALL WARDS

10.1 CONSTITUTIONAL RECOGNITION OF LOCAL GOVERNMENT

SUMMARY: Manager – Governance (Rodney McKail)

This matter was deferred at the March 2011 Ordinary Meeting of Council until this meeting to enable sufficient time for Council to debate this important matter.

This report seeks support from Council for a program developed by the Australian Local Government Association to seek recognition of local government within the Australian Constitution.

RECOMMENDATION

That Council

1. Declares its support for financial recognition of local government in the Australian Constitution so that the Federal Government has the power to fund local government directly and also for inclusion of local government in any new Preamble to the Constitution if one is proposed, and calls on all political parties to support the referendum by 2013 to change the Constitution to achieve this recognition.

2. Endorse the Mayor signing the “Constitutional Declaration of Councils” at the 2011 Australian Local Government Association National Conference.

3. Write to the Prime Minister, the Leader of the Opposition and local Federal Members of Parliament advising of Council’s support for constitutional recognition of local government.

1. INTRODUCTION

For some years now, the Australian Local Government Association (ALGA) has been pursuing the recognition of local government in the Australian Constitution.

Historically, at the time of forming the Australian Constitution, local government was not prominent. Most State Governments have now recognised the system of local government in Australia.

ALGA has devoted considerable resources over the past three years to developing the case for constitutional reform. That need was highlighted by a decision of the High Court in Pape v Federal Commissioner of Taxation in 2009. In that case the High Court set out the limitations of the Australian Government’s powers and, in doing so, clearly indicated that the Australian Government does not have the power to fund local government directly under the current provisions of the Australian Constitution.

84 COUNCIL – CORPORATE DEVELOPMENT 27 April 2011 10.1 Constitutional Recognition of Local Government (cont’d)

Following the 2010 Federal Election, Prime Minister Gillard committed to holding a dual referendum on the constitutional recognition of local government and the recognition of Indigenous Australians. It is anticipated that the referendum will mostly likely be held in conjunction with the 2013 Federal Election.

The ALGA are seeking support from all local government authorities to ensure:

1. The referendum is held in conjunction with the 2013 Federal Election.

2. That the type of recognition sought meets local government requirements.

3. There is a positive result in the referendum itself.

The ALGA are asking all Councils to pass a resolution in early 2011 endorsing the position that a referendum be held in 2013 to change the Constitution, in particular to allow direct funding of local government bodies by the Commonwealth Government and also to include local government in any new Preamble to the Constitution if one is proposed. The ALGA are proposing that a “Constitutional Declaration of Councils” be submitted for signature by Council representatives at the conclusion of the 2011 National General Assembly of Local Government on 22 June 2011. It is their objective that all Councils will be in a position to sign the declaration supporting financial recognition at that time.

As part of this campaign, it is also proposed by the ALGA that Councils write to the Prime Minister, the Leader of the Opposition and local Federal Members of Parliament advising of their support for recognition in this way.

2. DISCUSSION

There have been two previous attempts to recognise local government in the Australian Constitution through referendum – 1974 and 1988. Both attempts were unsuccessful – 47% to 53% against in 1974 and 34% to 66% against in 1988.

The case for recognition is:

• Local government is the level of government closest to the community and should be constitutionally recognised.

• Councils deliver the nation’s priorities at the grassroots community level, caring for an ageing population, planning communities, supporting early childhood development, responding to environmental challenges and providing vital infrastructure to ensure the economy performs.

• Concern that under the current arrangement there is some doubt or certainly limitations of the Australian Government’s powers to fund local government directly for services that it provides.


The President of the Australian Local Government Association, Cr Genia McCaffery, has written to the Mayor seeking support by way of the resolution above. This will also enable the Mayor on attending the 2011 National General Assembly to sign the proposed constitutional declaration for Councils.

The ALGA in supporting changes to the Constitution have a clear preference for a pragmatic and simple change to the Constitution which would allow direct funding to continue. This approach would appear to be the most practical to garner the necessary public support.

The ALGA have now dedicated a website which provides support material for the community, Councils and Councillors in raising awareness of the issue of constitutional change and to help build the support necessary for a successful referendum. The website is www.councilreferendum.com.au. The website includes a range of materials such as the result of market research undertaken by the ALGA and a number of fact sheets which highlight the importance of local government to local communities.

3. CONSULTATION

This matter has been in the public domain for a number of years now. In 2008, Council undertook consultation with the local community on the question of constitutional recognition of local government. This was done by way of a link on Council’s web page. Various media releases were also published to inform the community of the consultation process.

There was little direct feedback received from the community at this time. Council subsequently supported the notion of the change at a Constitutional Summit that was held in Melbourne in 2008.


There are no direct environmental/amenity implications.


Constitutional recognition provides the opportunity for Councils across Australia to advocate to other levels of government for greater funding equity with a stronger voice.


Constitutional recognition may strengthen Council’s role in delivering the nation’s priorities at the grass roots community level – caring for an ageing population, planning communities, supporting early childhood development, responding to environmental challenges and providing vital infrastructure to ensure the economy performs.



The Council Plan contains objectives for Knox to advocate to other levels of government on issues of community concern and benefit. Knox City Council has a strong reputation for its capability in the advocacy role.

Constitutional recognition provides for local government to grow the opportunity for strengthening of its voice in advocacy.

8. CONCLUSION

Whilst previous attempts to achieve recognition of local government within the Australian Constitution have been unsuccessful the opportunity now presents itself to reconsider the proposal and support the ALGA and other Councils across Australia to support a push for a referendum to be undertaken in conjunction with the 2013 Federal Election.

9. CONFIDENTIALITY


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

That Council

1. Declares its support for financial recognition of local government in the Australian Constitution so that the Federal Government has the power to fund local government directly and also for inclusion of local government in any new Preamble to the Constitution if one is proposed, and calls on all political parties to support the referendum by 2013 to change the Constitution to achieve this recognition.

2. Endorse the Mayor signing the “Constitutional Declaration of Councils” at the 2011 Australian Local Government Association National Conference.

3. Write to the Prime Minister, the Leader of the Opposition and local Federal Members of Parliament advising of Council’s support for constitutional recognition of local government.


PROCEDURAL MOTION

MOVED: CR. VAN DE VREEDE SECONDED: CR. COSSARI

That Council grant Councillor Pearce an extension of time to speak under Clause 47 of the Meeting Procedure and Use of Common Seal Local Law 2008. CARRIED

A Division was called by Councillor Pearce

For the Motion: Councillor Van de Vreede, Councillor McMillan, Councillor Cossari, Councillor Mortimore, Councillor Cooper

Against the motion: Councillor Pearce, Councillor Gill CARRIED:5:2

88 COUNCIL – CORPORATE DEVELOPMENT 27 April 2011 COUNCILLOR COOPER VACATED THE CHAMBER AT 10.08PM DURING DISCUSSION ON ITEM 10.2

ALL WARDS

10.2 REVIEW OF POLICY FOR BICYCLE PATH/SHARED PATH ON NON COUNCIL OWNED LAND


This policy was adopted by Council in 2007 and is now due for review. A copy of the policy is appended to this report. It is proposed that Council reconfirm and adopt the policy without modification.

RECOMMENDATION

That Council reconfirm and adopt the Bicycle Path/Shared Path on Non Council Owned Land Policy as appended to this report.

1. INTRODUCTION

Council has 78 kilometres of bicycle/shared path. This infrastructure has been constructed over the last 30-35 years and is a significant community asset and an integral part of Council delivering a range of goals in its Council Plan. This bicycle/shared path network reduces the reliance on the road network, increasing utilisation, public transport and therefore providing for a healthier community. In the past, some paths were constructed on private property. There has been a range of reasons for this.

The policy (refer Appendix A) was originally developed and has been operating since 2007. Its intention is to clearly articulate the process that staff follow when it has been identified that a bicycle/shared path has been constructed on non Council owned land.

This policy has been utilised in resolving one particular issue at the corner of Stud Road and Burwood Highway. Staff are aware that there are more areas of land where the bike/shared path network has been partially constructed on private property. Currently, these are only addressed when and if the matter is raised by the property owner.

The majority of the paths that have been identified were constructed in the late 1980’s and early 1990’s and have therefore been in place between 20-30 years. In recent years, the incidents of the paths being constructed on private property has ceased as internal Council processes have significantly improved.

The policy is not used on a regular basis but provides guidance to staff in dealing with these matters as they arise. Staff have undertaken a review of the policy and are not proposing any changes.

89 COUNCIL – CORPORATE DEVELOPMENT 27 April 2011 10.2 Review of Policy for Bicycle Path/Shared Path on Non Council

Owned Land (cont’d)

2. DISCUSSION

It appears that in the past small parcels of the bicycle/shared path network have been incorrectly placed on non Council owned land due to incorrect information being obtained, inadequate survey of land being undertaken and in many cases where “creeks” have been barrelled and there is no clear delineation between private property, Crown land and Council land.

At the time of preparing the policy in 2007, Council considered a number of options including compulsory acquisition of the land and declaring the land to be a public highway under section 204 of the Act. The substantive differences between these two options are that compulsory acquisitions involve compensation whereas the public highway declaration does not. The physical titles only transfer to Council under the compulsory acquisition option.

A further alternative considered was the relocation of the path onto Council land. This of course is not always practical and would need to be undertaken under Council’s expense.

The policy was developed to address and expediently resolve issues in the future. The policy required:

1. When Council identifies that a bicycle path or shared path has been constructed on private land for a period of ten years or more, Council will negotiate to acquire this land at no cost and if this is unsuccessful, Council will declare the area of bicycle path to be a public highway under S204(1) of the Local Government Act 1989. No compensation will be paid to the owner of the land when Council resolves to exercise the option of declaring the area of bicycle path as public highway under the Local Government Act.

2. When Council identifies that a bicycle path or shared path has been constructed on non Council owned land for a period of less than ten years, Council will proceed to acquire the area of bicycle path/shared path at the market value of the land or relocate the path on Council land if practical or economical.

The rationale behind point 1 was that bike/shared paths that had been in place for a number of years (10 years and more), there had been adequate time for property owners to seek compensation. Further, it was viewed that due to the length of time that the path was in place, the path was considered to be a community asset.

In all cases prior to commencing discussions under this policy, the alternative of relocating the path is first considered. Where this is not possible, for physical or economical reasons, the policy has been relied upon.



Where Council proceeds with declaring the area to be a bike path, under the Local Government Act Council is required to give public notice of the road/path being declared as a public highway in a newspaper generally circulating within the municipal district. This is subject to a public consultation process under the Act. Council must then consider any submissions received before making a final determination.

3. CONSULTATION

Prior to this policy originally being adopted, Council undertook a public exhibition period seeking public comment. No submissions or comments were received throughout the consultation process. Council subsequently went on to adopt the policy which has been in operation since this time.


No detailed environmental analysis has been undertaken on sites that have been identified. This will need to be done on a case by case basis.


There are no direct financial implications associated with this report. One of the objectives of the policy is to manage the cost implications should a bicycle/shared path be identified on non Council owned land. Should funds be required for specific works for the relocation of a path, under the policy this would be included in the annual budget program for consideration by Council as a capital works expenditure. Where the paths are declared public land, compensation does not apply. In all cases the maintenance of the path will already be undertaken by Council.


There are no direct social implications as a result of this report, however the bike/shared path network plays an important role in the health and wellbeing of the Knox community.


Within the Council Plan, Council is committed to providing high quality infrastructure. The Plan commits Council to continue to maintain local roads, shared footpaths, footpaths, drains and community facilities in recognition of community needs.



8. CONCLUSION

This policy has been in place for four years and provides clear guidance to staff when commencing negotiation with property owners where it has been identified that the bike network has been constructed on private land. Should at any time staff propose that an existing area of the bicycle/shared path network be declared a public highway under the policy, this would be done by way of a report to Council. Subsequent to any report, an open public consultation process must also be undertaken. This provides an open and transparent process for any affected land owners to provide feedback by way of a submission to Council. Since the introduction of the policy, any issues that have been identified have been resolved without having to take this particular option. This policy supports the integrity of the very significant and well regarded bicycle/shared path network throughout Knox.

9. CONFIDENTIALITY


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

That Council reconfirm and adopt the Bicycle Path/Shared Path on Non Council Owned Land Policy as appended to this report. CARRIED


KNOX POLICY

BICYCLE PATH/SHARED PATH ON NON COUNCIL OWNED

LAND

Policy Number:

2007/02 Directorate: Corporate Development

Approval by:

Council Responsible Officer:

Coordinator – Property Services

Approval Date:

Version Number:

1

Review Date:

3 Years from Meeting Date

1. PURPOSE

The purpose of this document is to establish a policy to manage bicycle paths/shared paths that are identified as being on non Council owned land.

2. CONTEXT

In the past, areas of bicycle path/shared path have been constructed on non Council owned land. This policy outlines the criteria that will be followed when these bicycle paths/shared paths are identified to be within this land.

3. SCOPE

This policy applies to private land, where it has been identified that a bicycle path/shared path has been constructed within it.

4. REFERENCES

4.1 Council Plan • Culturally Rich and Active Communities • Dynamic Services and Facilities • Accessible Transport Choices • Attractive and Vibrant Places

4.2 Relevant Legislation • Local Government Act 1989 • Limitations of Actions Act • Land Acquisition and Compensation Act


4.3 Charter of Human Rights

• This policy has been assessed against and complies with the charter of Human Rights.

4.4 Related Council Policies • Footpath and Shared Path Asset Management Plan

4.5 Related Council Procedures • Nil

5. DEFINITIONS

Detail any definitions within the policy.

Bicycle Path Means a path constructed off the road for the sole use of cyclists.

Shared Path Means a path that is provided for the joint use of cyclists and pedestrians.

6. COUNCIL POLICY

6.1 When it is identified that a bicycle path or shared path has been constructed on such land for a period of ten years or more, Council will negotiate to acquire this land at no cost and if this is unsuccessful, Council will declare the area of bicycle path to be a public highway under S204(1) of the Local Government Act 1989. No compensation will be paid to the owner of the land when Council resolves to exercise the option of declaring the area of bicycle path as public highway under the Local Government Act.

6.2 When it is identified that a bicycle path or shared path has been

constructed on non Council owned land for a period of less than ten years, Council will proceed to acquire the area of bicycle path/shared path at the market value of the land or relocate the path on Council land if practical or economical.

94 COUNCIL – CORPORATE DEVELOPMENT 27 April 2011 COUNCILLOR COOPER RETURNED TO THE CHAMBER AT 10.10PM DURING DISCUSSION ON ITEM 10.3

TAYLOR WARD

10.3 TRANSFER OF LAND CONTAINED IN CERTIFICATE OF TITLE VOLUME 7935 FOLIO 050 FROM GUIDES VICTORIA TO KNOX CITY COUNCIL (MELWAY REF: 82 D6)

SUMMARY: Coordinator – Property Services (Angela Mitchell) Coordinator – Biodiversity (Nadine Gaskell)

This report is presented to authorise Council to sign and seal documentation for the transfer of the land contained in Certificate of Title Volume 7935 Folio 050 being Lot 1 on Title Plan 340502P from Guides Victoria to Knox City Council for nil consideration.

RECOMMENDATION

That Council

1. Sign and seal documentation for the transfer of land (as indicated in Appendix A) contained in Certificate of Title Volume 7935 Folio 050 being Lot 1 on Title Plan 340502P from Guides Victoria to Knox City Council. This land is to be transferred for nil consideration.

2. Write and thank Guides Victoria for their generous offer in agreeing to transfer this land to Council.

3. Recognise this transfer at the 2011 Stringybark Festival.

1. INTRODUCTION

During the development of the Landscape Masterplan, Landscape and Bushland Management Plans for Heany Park, Council was approached by Guides Victoria to transfer an area of land currently in their ownership to Knox City Council, based on the recommendations of the Landscape Management Plan.

The area of land contained in Certificate of Title Volume 7935 Folio 050 being Lot 1 on Title Plan 340502P lies adjacent to the east of Heany Park beyond a carriageway easement. This land is accessed through Heany Park and via the carriageway easement (refer Appendix A).

The Guides’ land, comprising an area of two hectares, is surrounded by Hanson Quarry and is also within an area of high conservation value. Should Council approve the land transfer, the Management Plan further proposes that Council request a land swap with Hansons Quarry to realign the Guides land to abut Heany Park along the entire eastern border.

This generous offer of land transfer by Guides Victoria would consolidate an area of Significant Biological quality and allow for stage one of the implementation of the Masterplan to be put in place.

95 COUNCIL – CORPORATE DEVELOPMENT 27 April 2011 10.3 Transfer of Land Contained in Certificate of Title Volume 7935 Folio

050 from Guides Victoria to Knox City Council (cont’d)

2. DISCUSSION

Guides Victoria currently own a parcel of land (two hectares) that is landlocked within the Hanson Quarry land with access being obtained via Heany Park.

Council officers have indicated that it would be beneficial for Council to obtain this land. The land is zoned Special Use Zone under the Knox Planning Scheme and has a Vegetation Protection Overlay.

The land forms part of a larger site of biological significance in combination with the Police Paddocks reserve, the treed expanse of the Lysterfield Hills, Churchill National Park, Lysterfield National Park and into the Dandenong Ranges. The site, along with Heany Park, makes an important contribution to the environmental values of the whole area.

The Guides’ land represents regionally endangered and endangered Ecological Vegetation Communities: Valley Heathy Forest (EVC 127 endangered) and Valley Grassy Forest (EVC 127 regionally endangered). The area is also at the junction of the Gippsland Plain and Southern Highland Fall Bioregion.

The Sites of Biological Significance Study states that the Heany Park site is of the highest native vegetation quality. Whilst the Guides’ land has not been subject to the same intensive land management, it does however represent a site in good to excellent ecological condition. The addition of this land would significantly increase the ecological value of the whole Heany Park site and therefore Lysterfield National Park, Churchill National Park and Dandenong Police Paddocks.

In addition to this, the Guides’ land provides an ideal camping opportunity due to its proximity from residential properties.

As Guides Victoria is prepared to transfer this land for nil consideration, Guides together with Council is proposing to recognise this contribution as part of Council’s Stringybark Festival in October 2011.

Council’s Sustainability team has commenced discussions with the Scouts about the long term vision of the overall site in order to provide the best environmental outcomes as well as quality experiences for both the Scouts and Guides.

3. CONSULTATION

All relevant internal Council departments have been consulted with no objections being received.




Urban development has encroached on the Heany Park site over recent years. Due to the close proximity of the development there is a risk of flooding during heavy rainfall. The consolidation of the Girl Guides’ land with Heany Park would provide Council the opportunity to manage this potential flooding risk by providing a Water Sensitive Urban Design solution on site and therefore ensure that risk is minimised.

It would be beneficial to obtain this land as it would extend Council’s land holdings adjacent to Heany Park and therefore increase the significant areas of high conservation value for protecting and enhancing into the future.


The addition of the Guides’ land to the Heany Park land has the potential to further increase the ongoing maintenance, habitat rehabilitation and community engagement costs. However, these costs will not substantially increase due to the acquisition of the Guides’ land. The acquisition of this land is a small but important early part of the wider delivery of the Heany Park masterplan adopted in November 2009. The masterplan sets out a longer term, and more ambitious, set of opportunities for the site covering a wide range of habitat work, community and education opportunities and building repairs and works. These costs, whilst identified in the masterplan, will not be significantly affected by the acquisition of the Guides’ land and will be dealt with in future reports.

It should be noted that the ecological values of the site are currently managed within the limits of the Bushland Management Team and the buildings and structures within the Asset Management Team in conjunction with the Guides/Scouts. There has been little history of enforcement on the site and should any arise, it will be addressed as part of the wider delivery of the masterplan.


The inclusion of the Girl Guides’ land into the Heany Park site will enhance and create education opportunities for the Scouts and Guides, schools and environmental groups.


Council’s mission in its Community and Council Plan provides that Council manage our assets and financial resources on behalf of the community in a responsible and sustainable manner.



8. CONCLUSION

It is recommended that Council sign and seal documentation for the transfer of the Guides Victoria land (as indicated in Appendix A) contained in Certificate of Title Volume 7935 Folio 050 being Lot 1 on Title Plan 340502P to Knox City Council for nil consideration.

9. CONFIDENTIALITY


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

That Council

1. Sign and seal documentation for the transfer of land (as indicated in Appendix A) contained in Certificate of Title Volume 7935 Folio 050 being Lot 1 on Title Plan 340502P from Guides Victoria to Knox City Council. This land is to be transferred for nil consideration.

2. Write and thank Guides Victoria for their generous offer in agreeing to transfer this land to Council.

3. Recognise this transfer at the 2011 Stringybark Festival. CARRIED

98 COUNCIL – CORPORATE DEVELOPMENT 27 April 2011 APPENDIX A


ALL WARDS

10.4 PROPOSED FEES AND CHARGES 2011-12

SUMMARY: Management Accountant (Callista Clarke)

The proposed Fees and Charges Schedule for 2011-12 is presented to Council for consideration.

RECOMMENDATION

That Council adopt the proposed 2011-12 Fees and Charges Schedule as outlined in Attachment A to this report, to be effective from 1 July, 2011.

The adoption in principle of the Fees and Charges Schedule prior to the consideration of the Draft 2011-12 Annual Budget is sought to enable certainty in the preparation of income estimates, and to allow sufficient time for the implementation of the proposed Fees and Charges structure applicable from 1 July 2011.

1. INTRODUCTION

The proposed Fees and Charges Schedule for 2011-12 is presented to Council for in principle adoption.

The proposed Fees and Charges Schedule for 2011-12 is included as Attachment A to this report.

2. DISCUSSION

There are many fees and charges established by Council in undertaking its normal operations, some of which are discretionary while others are set by legislation or regulation. The Fees and Charges Schedule shows the existing fees and charges and the proposed fees and charges to operate in 2011-12.

The majority of increases are based on Council’s anticipated cost escalation factor of 4.04% prior to rounding. This approach provides for the contributions from fees and charges for non statutory services to keep pace with the cost of providing these services. This parameter was endorsed in principle as part the Councillor discussions on the Long Term Financial Strategy at the October 2010 Leadership Workshop and confirmed at the February 2011 Leadership Workshop. Variations from the base increase of 4.04% for non statutory fees and charges are identified in Attachment A.

The Fees and Charges Schedules are separated into two sections. Section 1 includes all fees and charges relating directly to Council’s operations while Section 2 includes fees and charges in relation to commercial and/or committee activities where Council still holds some element of responsibility, but the fees are established by others.

100 COUNCIL – CORPORATE DEVELOPMENT 27 April 2011 10.4 Proposed Fees and Charges 2011-12 (cont’d)

Statutory Fees and Charges set by the State Government have not been increased. These fees and charges are determined by the State Government and are increased in accordance with any formal advice received and will be adjusted accordingly.

Rounding of fees and charges has also been applied for ease of use and cash handling.

3. CONSULTATION

While no public consultation has been undertaken, senior Council staff have undertaken an extensive process of review prior to the submission of this report. As part of Council’s 2011-12 Annual Budget submission process, an opportunity will be available for the community to comment on the proposed fees and charges prior to final approval of the Budget through Section 223 of the Local Government Act 1989 public submission process.


There are no direct environmental/amenity issues arising from this report.


The proposed Fees and Charges are based on the assumptions contained in Council’s proposed Long Term Financial Strategy.


In consideration of the annual review of all discretionary fees and charges the financial and community impacts are considered by officers.


This report responds to the 2009-2013 Council Plan Organisation Objectives in relation to Sound Stewardship of Finances and Assets. The Knox Council Plan outlines a commitment to manage our assets and financial resources on behalf of the community in a responsible and sustainable manner that demonstrates value for money.

8. CONCLUSION

This annual review of Fees and Charges provides Council with the opportunity to ensure that the appropriate levels are set to ensure that they are fair and equitable for all users and that Council’s financial interests are safeguarded.

101 COUNCIL – CORPORATE DEVELOPMENT 27 April 2011 10.4 Proposed Fees and Charges 2011-12 (cont’d)

9. CONFIDENTIALITY

This report does not contain confidential information.

COUNCIL RESOLUTION MOVED: CR. COOPER SECONDED: CR. VAN DE VREEDE

That Council adopt the proposed 2011-12 Fees and Charges Schedule as outlined in Attachment A to this report, to be effective from 1 July, 2011.

The adoption in principle of the Fees and Charges Schedule prior to the consideration of the Draft 2011-12 Annual Budget is sought to enable certainty in the preparation of income estimates, and to allow sufficient time for the implementation of the proposed Fees and Charges structure applicable from 1 July 2011. CARRIED

102 COUNCIL – CORPORATE DEVELOPMENT 27 April 2011 ATTACHMENT A/1

103 COUNCIL – CORPORATE DEVELOPMENT 27 April 2011 A/2

130 COUNCIL – ITEMS FOR INFORMATION 27 April 2011

ALL WARDS

11.1 ASSEMBLIES OF COUNCILLORS


This report provides details of Assembly of Councillors established under section 80A of the Local Government Act as required under section 80A(2) of the Act.

RECOMMENDATION

That Council

1. Note the written record of Assemblies of Councillors as attached to this report.

2. Incorporate the records of the Assemblies into the minutes of the meeting.

1. INTRODUCTION

Under section 80A(2) of the Local Government Act, the Chief Executive Officer must present a written record of an Assembly of Councillors to an ordinary meeting of Council as soon as practicable after an Assembly occurs. This written record is required to be incorporated into the minutes of the meeting.

Details of Assemblies of Councillors that have occurred between Monday 7 March 2011 and Friday 8 Apri 2011 are attached to this report.


That Council

1. Note the written record of Assemblies of Councillors as attached to this report.

2. Incorporate the records of the Assemblies into the minutes of the meeting.

CARRIED

131

RREECCOORRDD OOFF AASSSSEEMMBBLLYY OOFF CCOOUUNNCCIILLLLOORRSS (Section 80A Local Government Act)

Date of Assembly: 8/3/2011

Name of Committee or Group (if applicable):

Special Issues Briefing Meeting Time Meeting Commenced:

6:20pm

Councillors in Attendance: Cr Sue McMillan Cr Joe Cossari Cr John Mortimore Cr Mick Van de Vreede Cr Darren Pearce Cr Adam Gill Cr David Cooper Cr Andrew Walter

Council Staff in Attendance: Mark Dupe Angelo Kourambas Ian Bell Graeme Emonson Paul Dickie Kerry Stubbings Marco D’Amico David Blair Tony Justice Sarah Dugdale Pip Smith Matters Considered:

1. Declaration of Conflict of Interest 2. Review of Council’s Advertising, Sponsorship and Promotional Signs on Council Land Policy 3. Cultural Services and Future Developments 4. Knox Youth – Services and Planning for the Next Five Years 5. Coldstream Greenwaste Composting Facility Update

Conflict of Interest Disclosures: Councillor’s Name

Type of Interest

Councillor Left Assembly While Matter Being Considered

Cr Adam Gill Personal Sign in Council Reserve Yes

132




Stamford Park Community Reference Group Time Meeting Commenced:

6.30pm

Councillors in Attendance: Cr Mick Van de Vreede

Council Staff in Attendance: Peter Kavan Matters Considered:

1. Community Engagement Matters 2. Update on Stamford Park Men’s Shed Licence 3. Proposal by Transition Knox to Establish a Community Vegetable Garden and Chook Run at Stamford

Park 4. Update on the Flood in Lakeview Avenue Adjacent to Stamford Park Conflict of Interest Disclosures: Councillor’s Name

Type of Interest


Nil Yes/No Yes/No Yes/No

133




Planning Consultation Committee Time Meeting Commenced:

6:00pm

Councillors in Attendance: Cr Darren Pearce Cr John Mortimore

Council Staff in Attendance: Denise Barth Renee Haddock Greg Kent Ros Lemin Matters Considered:

Planning application for the construction of an apartment building containing 15 dwellings and removal of vegetation at 6 Oak Avenue, Boronia. Conflict of Interest Disclosures: Councillor’s Name

Type of Interest



134





7:00pm

Councillors in Attendance: Cr Darren Pearce Cr Adam Gill

Council Staff in Attendance: Denise Barth Katherine Walker Greg Kent Ros Lemin Matters Considered:

Application to develop the land for two single storey and twelve double storey dwellings (total of 14 dwellings) and removal of vegetation. Conflict of Interest Disclosures: Councillor’s Name

Type of Interest



135





8:00pm

Councillors in Attendance: Cr Darren Pearce Cr David Cooper

Council Staff in Attendance: Denise Barth Nicholas Robins Greg Kent Ros Lemin Matters Considered:

Development of the land for 50 apartments in two buildings, one a three storey building and the other a four storey building plus semi basement car parking and associated car parking, accessways and landscaping. Conflict of Interest Disclosures: Councillor’s Name

Type of Interest



136




Environment Advisory Committee Time Meeting Commenced:

6:30pm

Councillors in Attendance: Cr John Mortimore

Council Staff in Attendance: Angelo Kourambas Gary Topp Monique Reinehr Bronwyn Cron Matters Considered:

1. C49 Planning Scheme Amendment Sites of Biological Significance Public Exhibition Submissions 2. Stamford Park ZEN Project Conflict of Interest Disclosures: Councillor’s Name

Type of Interest



137




Youth Issues Advisory Committee Time Meeting Commenced:

6:30pm

Councillors in Attendance: Cr Peter Cole Cr Sue McMillan

Council Staff in Attendance: Kerry Stubbings David Blair Tony Justice Pip Smith Matters Considered:

1. Outline the role and responsibilities of the Youth Issues Advisory Committee, including an overview of the Terms of Reference

2. Introduction to Knox Youth Services 3. Knox Youth Charter and Youth Plan Conflict of Interest Disclosures: Councillor’s Name

Type of Interest



138




Dinner Prior to Ordinary Council Meeting Time Meeting Commenced:

6:15pm

Councillors in Attendance: Cr Sue McMillan Cr Andrew Walter Cr Peter Cole Cr John Mortimore Cr Darren Pearce Cr Adam Gill Cr David Cooper

Council Staff in Attendance: Graeme Emonson Mark Dupe Angelo Kourambas Ian Bell Kath Oakley Paul Gallagher Rodney McKail Matters Considered:

1. Condolence Motion for Former Shire President 2. MAV/ALGA Motions 3. The Haven 4. Rowville Rail 5. Knox Central Apartments 6. LATM Recommendations Conflict of Interest Disclosures: Councillor’s Name

Type of Interest



139




Stamford Park Project Steering Committee Time Meeting Commenced:

6.30pm

Councillors in Attendance: Cr Mick Van de Vreede Cr David Cooper Cr Darren Pearce

Council Staff in Attendance: Angelo Kourambas Ian Bell Denise Barth David Blair Kim Rawlings Peter Kavan Gary Topp Matters Considered:

1. Stamford Park Community Engagement 2. Finance, Funding Issues and Opportunities 3. Procurement Options 4. Capital Works 5. Issues of Concern Regarding Recent Rains and Flooding Conflict of Interest Disclosures: Councillor’s Name

Type of Interest



140




Healthy Ageing Advisory Committee Time Meeting Commenced:

5:30pm


Council Staff in Attendance: Fleur Cousins Anne Rock Matters Considered:

1. Universal Access Design Guidelines 2. Knox Senior’s Festival 2011 3. Annual Review of Healthy Ageing Strategic Plan’s Implementation Plan Conflict of Interest Disclosures: Councillor’s Name

Type of Interest



141




Housing Advisory Committee Time Meeting Commenced:

3:00pm

Councillors in Attendance: Cr John Mortimore Cr Sue McMillan

Council Staff in Attendance: Claire Anderson Angelo Kourambas Nicole Vickridge Paul Dickie Kim Rawlings Matters Considered:

1. ‘Your Knox – Managing Future Housing Needs’ Project 2. Eastern Regional Affordable Housing Alliance Conflict of Interest Disclosures: Councillor’s Name

Type of Interest



142




Bicycle and Pedestrian Advisory Committee Time Meeting Commenced:

5:30pm


Council Staff in Attendance: Winchelle Chuson Ron Crawford Matters Considered:

1. Mobility Study 2. Super Tuesday Count 3. Shared Type Signage for Areas without Footpaths 4. Bike Hoops 5. Bayswater Station 6. Bike Path Maintenance 7. Coloured Bike Lanes 8. Oppy Bike Ride 9. Knox Festival Giant Map 10. Bike Path/Shared Path Standards for Construction 11. Underpass Approach 12. Bike Futures Conference Conflict of Interest Disclosures: Councillor’s Name

Type of Interest



143




Knox Multicultural Advisory Committee Time Meeting Commenced:

6:00pm

Councillors in Attendance: Cr Joe Cossari Cr David Cooper

Council Staff in Attendance: Kerry Stubbings Nicole Hunter Belinda Gillam Matters Considered:

1. Summary of Knox Multicultural Advisory Committee second year achievements 2. Victorian Multicultural Commission restructure and impact on funding 3. Replacement of term ‘culturally and linguistically diverse’ with ‘multicultural’


Type of Interest



144




Issues Briefing Time Meeting Commenced:

6:30pm

Councillors in Attendance: Cr Sue McMillan Cr Joe Cossari Cr John Mortimore Cr Mick Van de Vreede Cr Darren Pearce Cr Adam Gill Cr Peter Cole Cr David Cooper

Council Staff in Attendance: Graeme Emonson Mark Dupe Angelo Kourambas Ian Bell Kerry Stubbings Mary-Anne Palatsides Kerryn Ellis Rodney McKail Elinda Pak Nicole Vickridge Robyn Mansfield Rhiannon Saward Gary Topp Matters Considered:

1. Declarations of Conflict of Interest 2. 2010 Knox People Workplace Survey 3. 2011-12 Fees and Charges 4. Annual Plan 2011-12 5. Ward Contingency Funds Policy 6. Liveable Streets Plan 6. Stud Park Structure Plan 7. Forward Report Schedule 8. Future Call Up Items Conflict of Interest Disclosures: Councillor’s Name

Type of Interest



145





7:00pm

Councillors in Attendance: Cr Mick Van de Vreede

Council Staff in Attendance: Denise Barth Peter Steele Jayna Liew Heather Stanik Renee Haddock Matters Considered:

Development of the land for a six storey building containing forty six (46) apartments with part basement car parking, dispensation of the statutory car parking rate and creation/alteration of access to a category one road. Conflict of Interest Disclosures: Councillor’s Name

Type of Interest



146




Knox Disability Advisory Committee Time Meeting Commenced:

6:30pm

Councillors in Attendance: Cr Sue McMillan Cr John Mortimore

Council Staff in Attendance: Belinda Jordan Glenys McCarthy Nicole Hunter Matters Considered:

1. Launch of the Access and Inclusion Plan 2. Development of the FTG School Site 3. Access to the Built Environment Policy 4. Knox Mobility Study 5. National Disability Insurance Scheme


Type of Interest




ALL WARDS

11.2 WARD CONTINGENCY FUND ALLOCATIONS FOR THE PERIOD 1 JANUARY 2011 – 31 MARCH 2011

SUMMARY: Acting Coordinator - Governance (Jo White)

This report provides an overview of the allocations from each ward contingency fund for the third quarter of the 2010/11 financial year.

RECOMMENDATION

That Council note the ward contingency fund allocations for the period 1 January 2011 to 31 March 2011.

1. INTRODUCTION

As part of the annual budget, each ward Councillor is provided with an allocation of $20,660 discretionary funding for the financial year. Expenditure against each ward is at the discretion of the relevant ward Councillor in accordance with policy guidelines previously adopted by Council.

2. DISCUSSION

At a meeting on 8 September 2009, Council approved guidelines for the use of ward contingency funds. The purpose of these funds is for meeting:

• Requests for funding from individuals and/or community groups within Knox on a ward basis (excluding Sporting Grants for Individuals and Cultural and Civic Grants for Individuals); and

• Requests for funding which are not more appropriately dealt with under another Council program or funding arrangement.

While funding approval is at the Ward Councillor’s discretion, the following criteria are used in determining any application for ward contingency funds:

• All requests for funding must be in writing; and

• Applications must be from individuals who reside in Knox or community groups that provide services to the Knox community; and

• For applications of $1,000 or more, successful applicants must provide a statement to Council that the funds have been spent in accordance with their funding application; and

• Allocated funds must provide a community benefit and be in keeping with the objectives and directions of the Knox Community and Council Plan.

148 COUNCIL – ITEMS FOR INFORMATION 27 April 2011 11.2 Ward Contingency Fund Allocations (cont'd)

Ward contingency allocations for the third quarter of the 2010/11 financial year are as follows:

BAIRD WARD Allocation for the period 01/01/2011 – 31/03/2011 Cr. Peter Cole

Date Requested By Purpose of Grant Granted $

Balance $

$13,958.40 01-Feb-11 Upper Ferntree Gully

Football Club (Joint Grant by 2 Wards)

Contribution towards purchase of laptop computers

302.73 13,655.67

22-Feb-11 Upper Ferntree Gully Junior Football Club (Joint Grant by 2 Wards)

Contribution towards uniforms and equipment

681.82 12,973.85

28-Feb-11 Rotary Club of Knox Inc (Joint Grant by 8 Councillors)

Purchase of trailer to transport equipment

1,000.00 11,973.85

4-Mar-11 Ferntree Gully News Sponsorship of local newspaper

727.27 11,246.58

09-Mar-11 The Basin Music Festival Assoc (Joint Grant by 7 Councillors)

Hire of equipment for the duration of the Music Festival

500.00 10,746.58

09-Mar-11 Knoxfield Tennis Club (Joint grant by 9 Councillors)

Repair of court surface 500.00 10,246.58

09-Mar-11 Knox Stroke Survivors Support Group (Joint Grant by 5 Councillors)

Printing, rent & purchase of mobile phone

100.00 10,146.58

10-Mar-11 Salvation Army Ferntree Gully (Joint Grant by 3 Wards)

Costs associated with holding a "Coffee & Chat" morning

800.00 9,346.58

CHANDLER WARD Allocation for the period 01/01/2011 – 31/03/2011 Cr. John Mortimore


Balance $

$14,603.18

17-Feb-11 1st Basin Scout Group Purchase of tent and accessories

1,000.00 $13,603.18

23-Feb-11 Stamford Park Mens Shed (Joint Grant by 7 Councillors)

Contribution towards startup costs

237.50 13,365.68



300.00 13,065.68


CHANDLER WARD Allocation for the period 01/01/2011 – 31/03/2011 Cr. John Mortimore 09-Mar-11 Boronia Soccer Club

(Joint Grant by 3 Councillors)

Purchase of uniforms 500.00 12,565.68



1,500.00 11,065.68





200.00 10,365.68



200.00 10,165.68

15-Mar-11 Pancretan Association of Melbourne

Contribution towards cost of musical & cultural performances

863.64 9,302.04

COLLIER WARD Allocation for the period 01/01/2011 – 31/03/2011 Cr Joe Cossari, Snr


Balance $

$17,212.27

16-Feb-11 Hungarian Community centre

Costs associated with hosting "Hungarafest"

1,800.00 15,412.27



200.00 15,212.27



750.00 14,462.27




DINSDALE WARD Allocation for the period 01/01/2011 – 31/03/2011 Cr. Adam Gill


Balance $

$17,189.55

14-Jan-11 Bayswater Secondary College

Cost of Food Handling Courses for students

872.73 16,316.82



237.50 16,079.32



500.00 15,579.32

02-Mar-11 Blue Hills Pre School Contribution towards outdoor swing suitable for children with cerebral palsy

878.00 14,701.32





100.00 14,101.32

16-Mar-11 Wantirna Heights Girl Guides

Operational costs 1,000.00 13,101.32

DOBSON WARD Allocation for the period 01/01/2011 – 31/03/2011 Cr. Sue McMillan


Balance $

$10,959.99

14-Jan-11 Ferntree Gully Cricket & Football Club

Contribution towards Honour Boards for the Club

700.00 10,259.99

01-Feb-11 Upper Ferntree Gully Football Club (Joint Grant by 2 Wards)

Contribution towards purchase of laptop computers

606.36 9,653.63

02-Feb-11 Upper Ferntree Gully Fire Brigade

Purchase of a data projector 752.00 8,901.63

16-Feb-11 Rowville Netball Club Purchase of uniforms 300.00 8,601.63 22-Feb-11 Upper Ferntree Gully

Junior Football Club (Joint Grant by 2 Wards)

Contribution towards uniforms and equipment

863.63 7,738.00


DOBSON WARD Allocation for the period 01/01/2011 – 31/03/2011 Cr. Sue McMillan 23-Feb-11 Stamford Park Mens

Shed (Joint Grant by 7 Councillors)


300.00 7,438.00



300.00 7,138.00

03-Mar-11 Ferntree Gully Senior Citizens Centre

Purchase of kitchen equipment

500.00 6,638.00

04-Mar-11 Ferntree Gully Friendly Pensioners Association

Purchase of crockery & linen 500.00 6,138.00



500.00 5,638.00





400.00 5,038.00



500.00 4,538.00

15-Mar-11 Rotary Club of Ferntree Gully Inc

Youth Development Award 500.00 4,038.00

15-Mar-11 Ferntree Gully Netball Club (Joint Grant by 2 Councillors)

Costs associated in conducting a First Aid course

454.55 3,583.45

24-Mar-11 F W Kerr Preschool Contribution towards purchase of plants and a worm farm for the Preschool

900.00 2,683.45


FRIBERG WARD Allocation for the period 01/01/2011 – 31/03/2011 Cr. Andrew Walter


Balance $

$11,737.27

10-Feb-11 Scoresby Striders Little Athletics Club

Purchase of trophies and medallions

700.00 11,037.27

16-Feb-11 Rowville Netball Club Purchase of uniforms 800.00 10,237.27 16-Feb-11 Windermere Tennis

Club Purchase of bbq and court replacement items

969.50 9,267.77

09-Mar-11 Upper Ferntree Gully Junior Football Club

Purchase of uniforms and equipment

909.09 8,358.68

09-Mar-11 Boronia Soccer Club (Joint Grant by 3 Councillors)

Purchase of uniforms 1,000.00 7,358.68



500.00 6,858.68


Repair of court surface 1,000.00 5,858.68

15-Mar-11 Ferntree Gully Netball Club (Joint Grant by 2 Councillors)

Costs associated in conducting a First Aid course

454.54 5,404.14

SCOTT WARD Allocation for the period 01/01/2011 – 31/03/2011 Cr. David Cooper


Balance $

$17,205.45



350.00 16,855.45



500.00 16,355.45



500.00 15,855.45



09-Mar-11 National Seniors Australia (Knox Branch)

Purchase of office supplies 500.00 14,855.45


TAYLOR WARD Allocation for the period 01/01/2011 – 31/03/2011 Cr. Darren Pearce


Balance $

$14,428.18

27-Jan-11 Liberty Avenue 4 YO Kindergarten

Purchase of play equipment 863.64 13,564.54

27-Jan-11 Liberty Avenue Playgroup

Purchase of a highchair 500.00 13,064.54

27-Jan-11 Rowville Netball Club Purchase of uniforms 800.00 12,264.54 27-Jan-11 Rowville Playgroup &

Activity Group Purchase of toys and equipment

950.00 11,314.54



237.50 11,077.04

24-Feb-11 Rowville Primary School (Joint Grant by 2 Wards)

Contribution towards the Kitchen Garden Project

909.09 10,167.95



300.00 9,867.95



500.00 9,367.95



24-Mar-11 Rowville Cricket Club Purchase of equipment 500.00 8,367.95 24-Mar-11 St Simons Community

Football Club Purchase of equipment 500.00 7,867.95

TIRHATUAN WARD Allocation for the period 01/01/2011 – 31/03/2011 Cr. Mick Van de Vreede


Balance $

$9,441.85

11-Jan-11 Rowville Netball Club Purchase of uniforms for junior players

800.00 8,641.85

10-Feb-11 Scoresby Striders Little Athletics Club

Purchase of trophies and medallions

700.00 7,941.85



900.00 7,041.85

24-Feb-11 Rowville Primary School (Joint Grant by 2 Wards)

Contribution towards the Kitchen Garden Project

909.09 6,132.76


TIRHATUAN WARD Allocation for the period 01/01/2011 – 31/03/2011 Cr. Mick Van de Vreede 28-Feb-11 Rotary Club of Knox

Inc (Joint Grant by 8 Councillors)


250.00 5,882.76

09-Mar-11 Boronia Soccer Club (Joint Grant by 3 Councillors)

Purchase of uniforms 500.00 5,382.76



500.00 4,882.76


Repair of court surface 1,000.00 3,882.76



100.00 3,782.76

3. CONSULTATION

No consultation has been undertaken in relation to this report. This information is presented as part of Council’s accountability to the community.


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

5. FINANCIAL IMPLICATIONS

Council allocated $185,940 in the 2010/11 financial year to ward contingencies. This report reflects allocations agreed for the period 1 January 2011 to 31 March 2011.


The ward contingency program allows Council the flexibility to respond to requests for funding from individuals and/or community groups within Knox on a ward basis. These grants provide applicants the opportunity to participate and support a variety of community based programs.


Provision of contingency funds assists Council in meeting its general objectives under the Council Plan.


8. CONCLUSION

This report of expenditure for each contingency account is presented for noting and provides details of expenditure for the period 1 January 2011 to 31 March 2011.

9. CONFIDENTIALITY



That Council note the ward contingency fund allocations for the period 1 January 2011 to 31 March 2011. CARRIED


ALL WARDS

11.3 WORKS REPORT AS AT 11 APRIL 2011

SUMMARY: Coordinator – Capital Works (Gene Chiron)

The Works Report shows projects on Council’s Capital Works Program and indicates the status of each project as at 11 April 2011.

RECOMMENDATION

That the works report for April 2011 be received and noted.

1. INTRODUCTION

This report summarises progress on Council’s Capital Works Program for the 2010/2011 financial year. The aim of this report is to provide a regular and succinct status summary of each project over the last month. The Capital Works Report, as of 11 April 2011, is attached as Appendix A.


That the works report for April 2011 be received and noted. CARRIED


APPENDIX A 001 Bridges Renewal Program $57,000

Barrier works have been completed in Lakewood Drive and Blackwood Park Drive. Program scheduled to be completed by the end of April 2011.

004 High Risk Road Failures $263,297

Program is 39% complete 007 Road Surface Renewal Program $3,631,818

72 streets have been completed to date (Contract 1847). On track for the program to be completed prior to April 2011.

008 Drainage Pit and Pipe Renewal Program $1,561,747

Program is 40% complete. 009 Footpath Renewal Program $2,445,000

Program is 72% complete and is progressing on schedule. 010 Bicycle / Shared Path Renewal Program $800,000

Contract 1843 commenced on 14 March 2011. There are 4 shared paths on this year’s program which are expected to be completed by the end of April. The remainder of the program which will consist of reactive works will be completed by the end of May.

011 Information System Plan Implementation $378,000

PC and Notebook replacement program is underway. Disaster recovery hardware and documentation has been completed. Server replacement program has been implemented. Desktops and Notebooks ordered. 60% of funds committed.


016 Building Renewal Program $1,589,000

Program is 60% committed and expended (35% actual expenditure) to the end of March. Works to be undertaken or nearing completion over April include Boronia Basketball Stadium - toilets refit, disabled access works; Boronia Tennis Pavilion - internal painting, toilet/shower upgrade; Coleman Road Tennis Pavilion - showers/toilet refit, kitchen upgrade; Eildon Parade Football Pavilion - internal painting, external toilet block upgrade; Glenfern Park Tennis Pavilion - internal painting, kitchen upgrade, toilet/shower refit; Boronia Progress Hall - vinyl replacement and female toilets refit.

017 Playground Renewal Program $479,340

The Tim Neville Arboretum playground is completed, final invoice is to be processed. The playground is currently under 12 months maintenance.

022 Fire Hydrant Replacement Program $100,000

Payments to South East Water are due late in the financial year.

024 Car Park Renewal Program $201,000

Contract 1843 commenced on 14 March 2011. There are 3 carparks on this year’s program which are expected to be completed by the end of April. The remainder of the program which will consist of reactive works will be completed by the end of May.

025 Plant & Machinery Replacement Program $2,656,658

Program commenced with 40% expended and 60% committed.

026 Street Tree Replacement Program $400,000

All bulk street tree removal and stump removals have occured for 2011 . Planting has been bought forward to the start of April to commence works due to the wet summer.

031 Stamford Park Redevelopment $328,999

The Project Steering Committee met on 28 March and considered the Procurement Options Report prepared by AECOM Consultants for the development of Stamford Park. The Committee resolved to present a proposal to Council's May Issues Briefing.

159 COUNCIL – ITEMS FOR INFORMATION 27 April 2011 043 Shade Sails for Family and Children's Services Facilities $30,000

Program is complete for this financial year.

055 Corhanwarrabul Creek Trail (To Dandenong Creek) - Shared Path $136,609

Works have recommenced following delay on Melbourne Water wetlands. Concreting along Kelletts Road main drain completed with associated swale, rock beaching and concrete section along Stud Road to follow.

070 Dog Related Signage $6,457

Works completed, all signs installed and new Dog Park formally opened and operational.

082 Drainage Upgrades - Ongoing Customer Response $86,623

Straughan Close and 22 Lewis Road drainage design being finalised for referral to Melbourne Water and completion this financial year. A contract package of minor drainage works has been awarded for completion this year.

100 Open Space Fencing Replacement $85,000

Consultation underway with VicTrack to replace 130 mteres of fencing on Merryvale Way, Boronia. Fencing has begun at Ferntree Gully Reserve oval, but stopped due to poor quality panels. Expected to be completed by mid April.

102 Major Reserves Conversion to Warm Season Grass $80,000

Sprigging is completed and grass coverage becoming established. 104 Roadside Furniture Renewal Program $39,000

Program is 38% complete and progressing on schedule. 128 Bayswater Railway Station - Shared Path $19,538

Works completed.

160 COUNCIL – ITEMS FOR INFORMATION 27 April 2011 135 Knox Central - Part A: City Centre Development Strategy $60,000

As endorsed by Council at the November 2010 SPC meeting the remaining capital works project funds will be used to fund the new Knox Central Project Team. No further capital projects will be undertaken at this point.

138 Wantirna Mall Place Management Design Implementation $1,429,538

Power undergrounding works commenced on 11 February 2011 and are expected to be completed by end of May 2011. Traders are being informed of progress.

142 Water Reduction: Rainwater Tank Installation $90,000

A purchase order has been placed for the Park Ridge Pavilion water tank. Quotes are being sought for improved pump controls to the Boronia Park water tank, and provision of an access hatch to the Dorset Square toilet tank.

147 Energy & Greenhouse Program for Council Facilities $90,000

Program is 95% committed and is nearing completion for 2010/2011. Purchases of an Eniscope (power monitor) for KCAC and additional T5 external security lights will complete the program.

149 The Basin Shopping Centre Toilet Replacement - Stage 2 (Construction) $47,716

Project completed. 224 Library Furniture Replacement- Stage One $95,000

Delivery of replacement library furniture has been completed with final payments to be made.

228 Parkland Asset Renewal $200,000

A number of smaller planting projects completed at Fairpark Reserve, Village Green Reserve, Stud Road (outer separator) and Emerson Reserve. LATM works awarded to Knox Maintenance. All purchase orders have been raised for garden beds on traffic treatments on Wellington Road and Underwood Road. Mulching to be completed by end of May, planting in early June.

161 COUNCIL – ITEMS FOR INFORMATION 27 April 2011 229 Building Code Australia Compliance $431,785

Switchboard upgrades have been completed, with two waiting on SP Ausnet Services (due prior to mid-March). Essential Safety Measures process development continues on track.

236 Warm Water Facility - Construction. $33,585

Additional works to be undertaken on facility floor tiles. 237 Amaroo Nurse-Call System $18,966

Nurse Call System upgrade nearing completion. 248 Boronia Park Landscaping $361,674

Toilet block and civil works completed. The majority of landscaping is now completed. Establishment period has commenced. A few remaining plants will be installed in Autumn.

256 The Basin Triangle Landscape $141,694

Fencing along Mountain Highway and car park has been installed. Planting along Church Street will take place in May 2011.

258 Knox Central - Part B - City Centre Development Strategy $85,000

As endorsed by Council at SPC meeting in November 2010, the remaining Capital Works project funds will be used to fund the new Knox Central Project Team. No further capital projects will be undertaken at this point.

271 Carrington Park Stormwater Harvesting $35,000

Project completed. 282 Orchard Road (No 23) Bayswater, Drainage Upgrade $142,436

Contract works completed. 283 Cardiff Street (No 22), Boronia, Drainage Upgrade $29,403

Contract works completed.


285 Burwood Highway (No. 1174-1182), Upper Ferntree Gully - Drainage Upgrade $5,000

Contract completed. 289 CSR Quarry Reserve - Improvements $348,478

Stage 2 works have commenced in mid January 2011. The path is 90% completed with mulching now finalised and planting to commence in April. Works should take approxiately 3 months to complete, weather permitting.

297 Rowan Place - Reconstruction $140,000

Contract works completed. 299 Tulip Crescent - Reconstruction $210,638

Contract works commenced in Normleith Grove (Tulip Crescent is part of same contract). Tulip Crescent to start mid-April.

300 Kearney Street $244,340

Contract works completed. 301 Normleith Grove $139,021

Works commenced early March progressing well. May have a small delay in week commencing 11 April due to hard waste collection.

302 Orchard Road $421,275

Contract works well underway. 304 Walker Reserve Oval - Renewal $414,200

Delay in irrigation system experienced. Grass sods to be installed in April.

306 Kings Park, Ferntree Gully - Pavilion Upgrade $24,159

Project Completed.

163 COUNCIL – ITEMS FOR INFORMATION 27 April 2011 311 Ferntree Gully Reserve Oval No. 2 - Floodlighting $143,000

Glare Shields installed in March. Installation and focussing of lights to be completed in early April.

312 Netball Centre Entrance Security Upgrade $80,000

Main works complete. Minor works underway 316 Stud Rd, Rowville - Sunshine St to Timbertop Drv - Footpath $20,000

Discussions with the developer are ongoing. Title details will be finalised once the widening of Sunshine Street at Stud Road has been completed.

317 Mowbray Drive, Wantirna South LATM - Stage 1 Design $146,000

Contractor appointed to carry out civil works. Expect to commence works early May and completed by the end of May.

318 Bike Storage - Various Locations $15,000

Final consultation is now complete. Hoops are being ordered for installation.

320 Ferntree Gully Rd, Knoxfield - Henderson Road to Rushdale Road - Shared Path $32,979

Works completed. 321 Chandler Road Extension - Pedestrian Crossing Upgrade $75,265

Works completed. 325 Wellington Road , Rowville - Smartbus Footpath Connection $25,000

Works are scheduled to start mid April 2011. 334 Solar Powered extraction fans in Pre-Schools $50,000

Project is now complete. "Smartbreeze" units have been installed at six sites: Rowville and Boronia Childcare Centres, Knoxfield, Wattleview and Liberty Ave Preschool Centres and Illoura Early Intervention Centre.

164 COUNCIL – ITEMS FOR INFORMATION 27 April 2011 337 eServices $50,000

eLearning and eRecruitment programs are underway with 20% complete. Implementation of eLearning will commence in April 2011.

341 Rowville Recreation Reserve Storm Water Harvesting $118,445

Project abandoned due to unacceptable water quality. Funds transferred to Murrindal Playroom Extension.

342 Kings Park Storm Water Harvesting - Stage 2 $429,000

Contract signed. Works on site commencing 12 April. 343 Eildon Park Storm Water Harvesting - Stage 2 $594,000

Contract awarded. Works commencing 18 April. 345 Asbestos Removal $50,000

Work is scheduled to begin in April 2011. 347 Miscellaneous Industrial Roads - Pavement Rehabilitation $167,530

Program is progressing on schedule with 60% complete. 349 Guy Turner Reserve Pavilion Upgrade $619,000

Contract awarded. Works commencing 18 April. 353 Avalon/Stamford/Stud Road Intersection Modification $116,000

Awaiting approval on design from VicRoads. 354 Dobsons Lane Reconstruction $92,500

Contract works completed. 355 Eastern Recreation Precinct - Indoor Sports Stadium $13,659,000

Footings completed. Underground services nearing completion. Steelwork installation commenced last week of March. Delivery and installation of first stage of concrete panels to occur in April.

165 COUNCIL – ITEMS FOR INFORMATION 27 April 2011 356 Eastern Recreation Precinct - Civil Works $7,175,000

Northern and Southern Carpark: contract works completed; George St Widening: Contract works progressing well; High St Rd/George St Intersection Widening: VicRoads’ final approval for detailed design received, but by agreement with VicRoads, these works are not required for this stage of the project.

357 Eastern Recreation Precinct - Soccer Pavilion $1,800,000

Construction works completed. Clean up of site commenced. Final inspection of completed works due on early April.

358 Eastern Recreation Precinct - Synthetic Soccer Pitches $2,000,000

Base course works currently under way, with completion scheduled for late April.

360 Ferntree Gully Road, Knoxfield - Henderson Road to Stud Road, Shared Path - Design $10,000

Detailed design completed. Title agreement to be assessed and negotiated with landowner.

362 Knox Gardens Tennis Court Reinstatement - Stage 1 $25,000

Works completed.

363 Local Area Access Program (LAAP) Knox Central Bike Connections $28,727

Minor infrastructure improvements have been programmed. Works will be completed by the end of May.

364 Knox Park Athletics Track - Storage Facility $60,000

Final inspection conducted 29/3/11 and building handed over to Athletics Club on 30/3/11. Project is now completed.

365 Boronia Reserve - Boronia Radio Controlled Car Club Clubroom - Design $30,000

Awaiting feedback from club.

166 COUNCIL – ITEMS FOR INFORMATION 27 April 2011 366 Knox Park - Knox BMX Club - Pavilion Upgrade Design $35,000

Final design underway.

367 Gilbert Park Pavilion Upgrade (Knox Softball Association) - Consultation & Design $51,500

Awaiting design sign-off from clubs. 368 Guy Turner Reserve - No 2 Synthetic Bowling Green $158,000

Contract works completed.

369 Carrington Park Reserve Sports Pavilion Upgrade - Consultation & Design $60,000

Revised concept plans completed. 370 Knox Park Athletics Track - High Jump & Javelin Upgrade $105,000

Contractor appointed - expect an early April commencement and mid-June completion.

371 Benedikt Park Park Reserve - Relocation of cricket pitch. $15,000

Design completed. Consultation with stakeholders has been completed. Works to be undertaken by Knox Construction Group.

372 Lewis Park Skate Bowl $30,000

Design complete and contractor appointed with works to commence in mid April 2011.

373 Carrington Park Reserve Car Park $113,000

Contract works completed. 374 Tormore Reserve Pavilion - Change Room Access Upgrade $18,000

Quotes have been submitted, contractor to be appointed awaiting variation approval. Construction is expected to commence in mid April.

167 COUNCIL – ITEMS FOR INFORMATION 27 April 2011 375 Ambleside Park Masterplan Implementation $80,000

Containers and compactus units have been installed, power supplied to the site and air conditioners installed. Awaiting provision of a handrail to the access steps, then handover will occur. Expected completion in early April.

376 Murrindal Playroom Extension (Stage - One) $427,000

All foundations completed, floor framing underway. 377 Eildon Parade Playroom Extension - Consultation & Design $10,000

Concept plans completed. 378 Taylors Lane Playroom Extension - Consultation & Design $10,000

Concept design completed. 379 Scoresby West Playroom Renovation - Consultation & Design $10,000

Concept Design completed.

380 Amaroo Gardens - Upgrade Furniture to Appropriate Standards $11,250

Furniture upgrade complete. 381 Station Street, Ferntree Gully- footpath $18,000

Quotations being sought. 382 Stud Road, Rowville - footpath $63,000

Construction complete. 383 High Street Road, Wantirna- footpath $46,000

Informal design approval has been received from VicRoads. Knox Construction Group preparing quotation.

384 Disabled Ramp Extension - Civic Centre $10,000

Path alignment to be pegged and approved before the end of April.

168 COUNCIL – ITEMS FOR INFORMATION 27 April 2011 385 Cavell Street - School Crossing $30,000

School contribution not forthcoming, project on hold. 386 Thaxted Parade (Wantirna) - Upgrade Pedestrian Crossing $90,000

Works completed, awaiting power connection. 387 Local Road Safety Initiatives - 5 Various locations $35,000

Scheduled to commence mid April 2011. 388 Quarry Rd UFTG - traffic calming and street lighting $100,000

Works commenced and 20% completed. 389 Utility Vehicle for Council's Arborist $35,000

Vehicle built and delivered. 390 High St Rd (Stud Road to Burwood Hwy) Roadside Reserve $12,000

Contractor will maintain the planting until the end of the financial year.

391 Penrith St Boronia - Streetscape $8,500

Planting will be carried out in conjunction with Boronia West Primary School in late May 2011.

392 High St Rd – Stud Rd to Eastlink - Streetscape $13,000

Contractor will maintain the planting until the end of the financial year. Contractor will mulch a section of the planted area near Mowbray Drive in April.

393 Tirhanuan Drive (No 18) Rowville - Drainage Design $25,000

Site surveyed. A meeting with Melbourne Water has occurred with Melbourne Water agreeing to flood map area to assist design process and to consider funding assistance. Waiting on results from Melbourne Water investigations which will initiate another meeting to discuss possible options available.

169 COUNCIL – ITEMS FOR INFORMATION 27 April 2011 394 Staff Office Accommodation Upgrades $100,000

Awaiting quotes for the Governance area (expected early April). Works will be scheduled asap. Final drawings prepared for quotation for Sustainability and Community Wellbeing areas.

395 Microsoft Office Upgrade and Training $100,000

Implementation of Microsoft Office 2007 is ongoing and will be completed by 30 June 2011.

396 Batterham Park - Storm Water Harvesting Design $25,000

Detailed design underway. Completion expected end of April. 397 Fairpark Reserve - Storm Water Harvesting Design & Construct $450,500

Contract awarded. Works to commence 12 April. 398 Talaskia Reserve Water Harvesting - Construction $310,000

Project deemed not viable. Federal Government approval received to transfer funds to Knox Gardens carpark project. Refer to project No. 428 for progress.

399 McKay Road - Reconstruction $236,967

Contractor appointed and due to start in early April 2011. 400 Norris Road - Reconstruction $236,967

Design completed with construction deferred to 2011/12 due to insufficient funding.

401 Raymond Road - Reconstruction $236,967

Contractor appointed and due to start in early April 2011. 402 Banksia Court - Reconstruction $105,319

Works completed.

170 COUNCIL – ITEMS FOR INFORMATION 27 April 2011 403 Birch Street - Reconstruction $344,337

Works completed. 404 Highmoor Ave - Design $15,521

Expected to commence design in April. 405 Pine Road - Design $25,100

Expected to commence design in April. 406 Knox Park Athletics Track $325,000

Contractor appointed with works due to commence early April. Expect a mid June completion.

407 Lewis Park Skate Bowl Renewal $50,000

Funds transfered to project 372. Refer to project No. 372 for progress.

408 Batterham Reserve No 2 - Renovation Design $15,000

Irrigation and oval surface design commenced. 409 Parks Furniture Renewal $20,000

Installation of seats at Lakewood Reserve, The Lakes, Sovereign Crest Reserve, Knox Park and Gabrielle Reserve completed. Installations 95% complete. Contractor to install last of seats (4) in The Lakes estate prior to Easter.

410 Parks Signage Renewal $40,000

All signs installed. 411 BBQ Renewal $20,000

Ferntree Gully Reserve BBQ installed 25 January. Program completed.

171 COUNCIL – ITEMS FOR INFORMATION 27 April 2011 412 Water Sensitive Urban Design Renewal $150,000

Contractor appointed with three out of the five projects underway. 413 Wicks Reserve Bio-Infiltration Basin $560,000

Works commenced. 414 Warm Season Grass Conversion - Various Ovals $140,000

Dobson Park irrigation system being designed. Booster pump installed at Walker Reserve.

415 Wellington Road / Eastlink - Shared Path $390,000

Concept design prepared. Need to arrange a meeting with Melbourne Water to clarify scope guidelines.

416 Rocco Drive, Ferntree Gully - Drainage Design $5,000

A meeting with Melbourne Water has occurred with Melbourne Water agreeing to assist design process and to consider funding assistance. Waiting on results from Melbourne Water investigations which will initiate another meeting to discuss possible options available.

417 Waverley Christian College Footpath and Footbridge Installation $

Tenders evaluated and project costs identified - awaiting on Waverley Christain College to provide acceptance of funding.

418 Guy Turner Reserve Footpaths $40,000

Public consultation still underway. 419 Marie Wallace Oval - Bench Seating $

Design completed and prices being sought. 420 Marie Wallace Oval - Gate Entry Upgrade $

Survey completed and design being finalised.

172 COUNCIL – ITEMS FOR INFORMATION 27 April 2011 421 Marie Wallace Oval - Terraced Seating $

Survey completed and design due to start in April 2011. 422 Marie Wallace Oval - Coach Boxes $

Leisure Department have arranged meeting with Eastern Football League to confirm scope of works.

423 Marie Wallace Oval - Utility Service Upgrade $

Leisure have arranged meeting with Eastern Football League to confirm scope of works.

424 Marie Wallace Oval - Floodlighting $

Leisure have arranged meeting with Eastern Football League to confirm scope of works.

425 Marie Wallace Oval- Pedestrian Access $

Survey and design pending discussion with EFL.

426 Coonara House upgrade $174,000

Detailed design of Stage 2 underway. 427 Knox Community Arts Centre Upgrade (Stage One) $75,000

Detailed design underway. 428 Knox Gardens Reserve Car Park Construction $275,000

Trees removed and civil works due to start April 2011.

173 COUNCIL 27 April 2011

12. SUPPLEMENTARY ITEMS

Nil COUNCILLOR GILL VACATED THE CHAMBER AT 10.14PM DURING DISCUSSION ON ITEM 13 COUNCILLORGILL RETURNED TO THE CHAMBER AT 10.17PM DURING DISCUSSION ON ITEM 13

13. URGENT BUSINESS

13.1 URGENT BUSINESS MOVED: CR. COOPER SECONDED: CR. VAN DE VREEDE That Councillor Mortimore be permitted to raise an issue of Urgent Business relating to Proposed Boronia Structure Plan and Amendment C62. CARRIED

13.1.1 PROPOSED BORONIA STRUCTURE PLAN & AMENDMENT C62 MOVED: CR. MORTIMORE SECONDED: CR. VAN DE VREEDE That Council refer the proposed Boronia Structure Plan and in particular Amendment C62, to the Director of City Development and the Knox Housing Advisory Committee to advise Council on the implementation and direction of the Structure Plan in light of current estimates of near future population growth, infrastructure needs, and the concerns of current residents for the potential loss of their local character and amenity.

PROCEDURAL MOTION

MOVED: CR. VAN DE VREEDE SECONDED: CR. MORTIMORE

That an extension of time be permitted for the Meeting to continue. LOST

Item 13.1.1 – Urgent Business – Proposed Boronia Structure Plan and Amendment C62 lapsed due to the meeting concluding in accordance with Clause 31(1) of the Meeting Procedure and Use of Common Seal Local Law 2008.

174 COUNCIL 27 April 2011

MEETING CLOSED AT 10.32PM

Minutes of Meeting confirmed at the Ordinary Meeting of Council

held on Tuesday 31 May 2011

………………………………… Chairman

city of knox · 5.1 committees & delegates (cont’d) 5.1.6 councillor john mortimore...

Documents