knox city council · • councillor orpen presented with a portrait of mr alan the mayor selman...

KNOX CITY COUNCIL MINUTES

Ordinary Meeting of Council

Held at the Civic Centre

511 Burwood Highway Wantirna South

On

Tuesday 24 June 2014

KNOX CITY COUNCIL

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

ON TUESDAY 24 JUNE 2014 AT 7.00PM

PRESENT:

Cr D Pearce (Mayor & Chairperson) Taylor Ward Cr P Lockwood Baird Ward Cr J Mortimore Chandler Ward Cr J Cossari Collier Ward Cr A Gill Dinsdale Ward Cr K Orpen Dobson Ward Cr D Cooper Scott Ward Cr N Seymour Tirhatuan Ward Dr G Emonson Chief Executive Officer Dr I Bell Director – Engineering & Infrastructure Mr A Kourambas Director - City Development Mr M Dupe Director – Corporate Development Ms K Stubbings Director – Community Services Mr R Thomas Manager - Governance

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

“Knox City Council acknowledges we are on the

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

BUSINESS: Page Nos. 1. APOLOGIES AND REQUESTS FOR LEAVE OF ABSENCE

Councillor Holland has previously been granted Leave of Absence from Council for tonight’s meeting.

2. DECLARATIONS OF CONFLICT OF INTEREST

Nil. 3. CONFIRMATION OF MINUTES

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

held on Tuesday 27 May 2014 CARRIED

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

Meeting held on Tuesday 10 June 2014 CARRIED

4. PETITIONS AND MEMORIALS 4.1 Councillor Cooper presented a petition with 153 signatories requesting

the construction of a change room facility on the No. 1 lower oval of the Knox Gardens Reserve, Argyle Way, Wantirna South. A facility of this kind would provide amenities for users of the Reserve and assist in the development of sporting programs in the region including the implementation of a junior girls and women's football program.

The Petition lay on the table.

5. REPORTS BY COUNCILLORS

5.1

Committees & Delegates

1.

5.2

Ward Issues

3.

COUNCIL 24 June 2014 6. CONSIDERING AND ORDERING UPON OFFICERS’ REPORTS WITHIN THE

CITY DEVELOPMENT GROUP

6.1

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

6.

6.2

Tirhatuan Ward Application To Use And Develop The Land For Materials Recycling, Internally Illuminated Major Promotional And Floodlit Business Identification Signage, And Alteration Of Access To A Category 1 Road (Stud Road) At 1060 Stud Road, Rowville, Melway Ref. 72 J12 (Application No. P2013/6800)

11.

6.3

Dinsdale Ward Application To Develop The Land For Two (2) Double Storey Dwellings And One (1) Single Storey Dwelling At 9 Allenby Avenue, Wantirna South Melway Ref. 64 B9(Application No. P/2013/6693)

41.

6.4

Baird Ward Application To Develop The Land For Three (3) Double Storey Dwellings At 22 Browning Road, Boronia Melway Ref. 64 G8 (Application No. P/2013/6795)

69.

6.5

Baird Ward Application To Construct A Three Storey Apartment Building Containing 17 Dwellings And Alteration Of Access To A Category 1 Road At 301 Dorset Road, Boronia, Melway Ref. 64 K7 (Application No. P2013/6651)

95.

6.6

All Wards Draft Knox Housing Strategy, Planning Scheme Amendment C131 (Housing And Rowville Plan), And Amendment C133 (Minor Changes To Boronia Planning Controls)

124.

7. PUBLIC QUESTION TIME (Following the completion of business relating to Item 6, City Development, the business before the Council Meeting will be deferred to consider questions submitted by the public). 165. 8. CONSIDERING AND ORDERING UPON OFFICERS’ REPORTS WITHIN THE

ENGINEERING & INFRASTRUCTURE GROUP

8.1

Friberg Ward Bryden Drive – Petition For Traffic Devices

167.

8.2

All Wards Council Policies And Relevant Standards To Ensure Parent And Child Friendly Public Facilities

172.

COUNCIL 24 June 2014 9. CONSIDERING AND ORDERING UPON OFFICERS’ REPORTS WITHIN THE

COMMUNITY SERVICES GROUP

9.1

All Wards Draft Closed Circuit Television (CCTV) Policy And Procedure For Knox City Council

186.

9.2

All Wards Draft Knox Leisure Plan 2014-2019

202.

10. CONSIDERING AND ORDERING UPON OFFICERS’ REPORTS WITHIN THE

CORPORATE DEVELOPMENT GROUP

10.1

All Wards Consideration Of Submissions/Adoption Of Proposed 2014-2015 Annual Budget

211.

10.2

All Wards Adoption Of Long Term Financial Forecast And Rating Strategy 2014-15 To 2018-19

244.

10.3

All Wards Christmas Decorations Options

253.

11. ITEMS FOR INFORMATION

11.1

All Wards Supplementary Valuations

259.

11.2

All Wards Works Report As At 4 June 2014

263.

11.3

All Wards Assemblies of Councillors

281.

12. MOTIONS FOR WHICH NOTICE HAS PREVIOUSLY BEEN GIVEN 296.

12.1 Firefighter Presumptive Cancer Legislation 296. 13. SUPPLEMENTARY ITEMS 296. 14. URGENT BUSINESS 296. 14.1 Urgent Business 296. 14.2 Call Up Items 297. 14.2.1 Refugee Welcome Zone 297.

COUNCIL 24 June 2014 15. QUESTIONS WITHOUT NOTICE 297. GRAEME EMONSON CHIEF EXECUTIVE OFFICER

1 COUNCIL - REPORTS BY COUNCILLORS 24 June 2014

5. REPORTS BY COUNCILLORS

5.1 Committees & Delegates 5.1.1 COUNCILLOR NICOLE SEYMOUR Councillor Seymour attended the following Meetings

· Stamford Park Community Reference Group · Community Health & Wellbeing Reference Group · Strategic Planning Committee · Public Submissions Hearing - Annual Budget & Long Term Financial

Forecast & Rating Strategy · Recreation Minor Capital Works Grant Scheme · Early Years Advisory Committee · Launch of Knox Multicultural Directory 5.1.2 COUNCILLOR DAVID COOPER Councillor Cooper attended the following Meetings

· Recreation & Leisure Liaison Group · Knox Community Sports Centre Management Committee · Strategic Planning Committee · Public Submissions Hearing - Annual Budget & Long Term Financial

Forecast & Rating Strategy · Knox Multicultural Advisory Committee · Planning Consultative Committee · Environment Advisory Committee · Launch of Knox Multicultural Directory · Swinburne Statement of Collaborative Intent 5.1.3 COUNCILLOR JOHN MORTIMORE Councillor Mortimore attended the following Meetings

· Knox Housing Advisory Committee · Eastern Regional Libraries Corporation Board · Boronia Police · Youth Issues Advisory Committee · Municipal Association of Victoria Environment Committee · Knox Disability Advisory Committee (x 2) · Community Health & Wellbeing Reference Group · Committee of Council to consider sale of road between

4 & 6 Ainsdale Road, Wantirna · Strategic Planning Committee · Public Submissions Hearing - Annual Budget & Long Term Financial

Forecast & Rating Strategy · Metropolitan Waste Management Group · Environment Advisory Committee · The Basin Built Form Controls Community Engagement Event · Young at Art


5.1 Committees & Delegates (cont'd) 5.1.4 COUNCILLOR KARIN ORPEN Councillor Orpen attended the following Meetings

· Committee of Council to consider sale of road between 4 & 6 Ainsdale Road, Wantirna

· Strategic Planning Committee · Tour of Eastern Ranges School · The 1812 Theatre Group- meeting with Directors · Exner Reserve Community Luncheon · Audit Committee · Stamford Park Community Reference Group 5.1.5 COUNCILLOR PETER LOCKWOOD Councillor Lockwood attended the following Meetings

· Eastern Transport Coalition - Rowville Rail Stage 2 released · Eastern Regional Libraries Corporation Board · Interfaith Network · Refugee Welcome Zone · Launch of Knox Multicultural Directory · Swinburne Statement of Collaborative Intent · Australian Local Government Association 2014 National General

Assembly · Municipal Association of Victoria

o Board Meeting: · Federal Budget Issues · MAV draft submission to the Productivity Commission’s inquiry into

natural disaster funding arrangements · Planning – The Next Step · Competition Policy Review – Australian Government · MCH ICT Project Grant

o Multicultural Committee o Personal Development Reference

5.1.6 COUNCILLOR JOE COSSARI Councillor Cossari attended the following Meetings

· Villa Maria Society - Italian National Day Celebrations · Multicultural Commission · Yarrambiack Council · Refugee Welcome Zone · Launch of Knox Multicultural Directory


5.1 Committees & Delegates (cont'd) 5.1.7 COUNCILLOR DARREN PEARCE (MAYOR) Councillor Pearce attended the following Meetings

· Caribbean Gardens & Market · Healthy Together Victoria Mayors Meeting with Minister for Health, Hon.

David Davis MLC · Our Saviours Lutheran Church 40th Anniversary Celebration · Dandelion Drive Residents · Strategic Planning Committee · Public Submissions Hearing - Annual Budget & Long Term Financial

Forecast & Rating Strategy · Audit Committee · Australian Local Government Association 2014 National General

Assembly · Westfield Group · Rowville Football Club Match (Rowville vs Vermont) · Rowville Football Club (Hawks) Gala Masquerade Dinner · School Visit at Civic Centre · Launch of Knox Multicultural Directory · Swinburne Statement of Collaborative Intent

5.2 Ward Issues

5.2.1 COUNCILLOR SEYMOUR (TIRHATUAN WARD)

· Councillor Seymour advised of the success of the newly established Scoresby 55 Plus Club with 40 members regularly attending. Councillor Seymour further advised that her association with this group had given her insight into the challenges faced by older community members including the ability to continue to live independently, social isolation, vulnerability and being unaware of available services. Councillor Seymour further recommended that Council investigate the possibility of establishing a Seniors Register where telephone welfare checks are conducted on a regular basis.

5.2.2 COUNCILLOR COOPER (SCOTT WARD)

· Councillor Cooper advised that he had attended the signing of the Swinburne Statement of Collaborative Intent which is a great initiative and offered his congratulations to Council staff for their efforts.

· Councillor Cooper was pleased to advise that he had noticed the seasonal replacement plantings of trees in Applewood Drive, Knoxfield and Jenola Parade, Wantirna South and offered his congratulations to Council staff on the planting program.


5.2 Ward Issues (cont'd)

5.2.3 COUNCILLOR MORTIMORE (CHANDLER WARD)

· Councillor Mortimore advised that the final Alchester Village and The Basin Built Form public consultations were being held shortly. Councillor Mortimore further advised that work had commenced on the construction of the permanent stage in the park at The Basin.

5.2.4 COUNCILLOR ORPEN (DOBSON WARD)

· Councillor Orpen presented the Mayor with a portrait of Mr Alan Selman former Councillor of the Shire of Ferntree Gully. Councillor Orpen advised that Mr Selman's granddaughter has kindly donated the portrait in recognition of the Selman family's contribution to the local community. Councillor Orpen further advised that this portrait was painted by E. Lording in 1893 and that the Lording family was also well known in the district operating the local general store for many years. It was noted by the Mayor and Councillor Orpen that the Knox Historical Society would be the most appropriate place to store and display this gift.

5.2.5 COUNCILLOR LOCKWOOD (BAIRD WARD)

· Eastern Lions Lunch · Refugee Welcome Zones Presentation · Launch of the Knox Multicultural Directory · Signing of the Statement of Collaborative Intent with Swinburne

5.2.6 COUNCILLOR COSSARI (COLLIER WARD)

· Councillor Cossari raised an issue of concern on behalf of residents of Clarence Road, Wantirna regarding the safety of naturestrip trees and suggested that an inspection of the trees be conducted.

· Councillor Cossari advised that he had recently attended an Italian Club function and was pleased to meet a Council employee who is the President of the Knox Italian Club Inc Next Generation Sub Committee. Councillor Cossari advised that Next Generation has 200 young people involved in Italian culture. Councillor Cossari invited people to participate in the upcoming demonstration of how to make healthy Italian tomato sauce.


5.2 Ward Issues (cont'd)

5.2.7 COUNCILLOR PEARCE (TAYLOR WARD)

· Councillor Pearce advised that he had recently attended the football match between the Rowville Hawks and Vermont.

· Councillor Pearce was pleased to advise that he had attended the launch of a new basketball complex at Rowville Secondary College which is available for use by the local community.

6 COUNCIL – CITY DEVELOPMENT 24 June 2014

ALL WARDS

6.1 REPORT OF PLANNING APPLICATIONS DECIDED UNDER DELEGATION

SUMMARY: Manager – City Planning (Paul Dickie)

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

RECOMMENDATION

That the planning applications decided under delegation report (between 1 May to 31 May 2014) be noted.

REPORT

Details of planning applications decided under delegation from 1 May to 31 May 2014 are attached. The applications are summarised as follows:

Application Type No

Building Extensions: Residential Other

4 3

Dwelling 3

Units 14

Industrial 2

Subdivision 13

Boundary Realignment 1

Change of Use 1

Tree Removal/Pruning 14

Retirement Village 1

Fence 1

Dependent Persons Unit 1

TOTAL 58 COUNCIL RESOLUTION MOVED: CR. ORPEN SECONDED: CR. COSSARI

That the planning applications decided under delegation report (between 1 May to 31 May 2014) be noted. CARRIED


Knox City Council Planning Applications Decided by Responsible Officer

1 May 2014 to 31 May 2014

Ward No/ Type Address Description Decision:

Baird 2014/6140 47 Holloway Drive BAYSWATER VIC 3153

Minor buildings and works to existing industrial building

8/05/2014 Approved

Baird 2013/6940 11 Tormore Road BORONIA VIC 3155

Development of the land for five (5) double storey dwellings

26/05/2014 Approved

Baird 2013/6953 18 Sinclair Road BAYSWATER VIC 3153

Development of the land for a double storey dwelling to the rear of the existing and subdivide the land into two (2) lots

23/05/2014 Notice of Decision

Baird 2013/6894 2 Wilson Street FERNTREE GULLY VIC 3156

The construction of four (4) double storey dwellings on the land


Baird 2014/6179 863-865 Mountain Highway BAYSWATER VIC 3153 Boundary Re-alignment 13/05/2014

Approved

Baird 2014/6090 3/40 Barry Street BAYSWATER VIC 3153

Extension to existing warehouse and associated car parking dispensation

15/05/2014 Approved

Baird 2013/6936 23 Stradbroke Road BORONIA VIC 3155

4 Lot Subdivision (Approved Unit Site)

22/05/2014 Approved

Baird 2013/6704 153 Scoresby Road BORONIA VIC 3155

Extension to the Melbourne Eastern Private Hospital, including 33 additional beds, car parking and landscaping


Baird 2014/6069 241 Boronia Road BORONIA VIC 3155

The construction of two (2) double storey and one (1) single storey dwellings on the land


Baird 2014/6118 25 Haering Road BORONIA VIC 3155


5/05/2014 Approved

Chandler 2014/6347 25 Parker Avenue BORONIA VIC 3155

Removal of a Eucalyptus obliqua

20/05/2014 Approved

Chandler 2014/6345 70 Mount View Road BORONIA VIC 3155

Pruning of Eucalyptus viminalis Labill. subsp. viminalis

16/05/2014 Approved

Chandler 2014/6219 26 Kalman Drive BORONIA VIC 3155

2 Lot Subdivision (Approved development)

16/05/2014 Approved

Chandler 2014/6049 6 Prospect Place BORONIA VIC 3155

Development of the land for a warehouse with ancillary office and associated carparking

9/05/2014 Approved

Chandler 2014/6397 2/75 Stewart Street BORONIA VIC 3155

Pruning of one (1) Eucalyptus cephalocarpa

29/05/2014 Approved

Chandler 2014/6064 22 Kalman Drive BORONIA VIC 3155

Buildings & Works (Warehouse) and reduction in car parking requirements

20/05/2014 Approved



Chandler 2014/6285 10 Vaughan Road FERNTREE GULLY VIC 3156

The construction of a single storey dwelling and associated garage

20/05/2014 Approved

Chandler 2014/6046 8 Lockwoods Road BORONIA VIC 3155

Construction of a front fence and deck

21/05/2014 Approved

Chandler 2014/6337 80-82 Inverness Avenue THE BASIN VIC 3154

Buildings and Works (Dwelling Extension)

20/05/2014 Approved

Chandler 2014/6342 35-37 Bayview Crescent THE BASIN VIC 3154 Buildings and Works (Garage) 20/05/2014

Approved

Chandler 2014/6374 51 Army Road BORONIA VIC 3155

Removal of one dead Eucalyptus obliqua

23/05/2014 Approved

Chandler 2014/6363 6 Batavia Avenue BORONIA VIC 3155

Removal of dead Eucalyptus radiata

23/05/2014 Approved

Dinsdale 2014/6117 89 Coleman Road WANTIRNA SOUTH VIC 3152


5/05/2014 Approved

Dinsdale 2013/6847 5 Russell Crescent BORONIA VIC 3155

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


Dinsdale 2014/6023 1 Bona Vista Road BAYSWATER VIC 3153

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

6/05/2014 Approved

Dinsdale 2013/6311 16 Coolibah Crescent BAYSWATER VIC 3153

The construction of two double storey dwellings on the land

28/05/2014 Approved

Dinsdale 2014/6196 5 Victoria Road BAYSWATER VIC 3153

2 Lot Subdivision (Approved unit site)

22/05/2014 Approved

Dinsdale 2014/6331 74 Rathmullen Road BORONIA VIC 3155

Removal of one Corymbia maculata

14/05/2014 Approved

Dinsdale 2014/6105 14 Tate Avenue WANTIRNA SOUTH VIC 3152

The construction of one double storey and one single storey dwelling on the land

16/05/2014 Approved

Dinsdale 2013/6930 5 Surrey Court BAYSWATER VIC 3153

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


Dinsdale 2014/6078 5 Caroline Court BAYSWATER VIC 3153

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

12/05/2014 Approved

Dinsdale 2014/6040 31 High Street BAYSWATER VIC 3153

Development of the land for seven (7) three storey dwellings


Dinsdale 2012/6045 631 Mountain Highway BAYSWATER VIC 3153

The construction of five (5) dwellings on the land

26/05/2014 Refused

Dobson 2014/6176 38 The Glen FERNTREE GULLY VIC 3156

Buildings and works (construction of a verandah)

21/05/2014 Approved

Dobson 2014/6302 39 Clematis Avenue FERNTREE GULLY VIC 3156

Buildings and Works (Additions to existing dwelling)

19/05/2014 Approved

Dobson 2014/6338 108 Forest Road FERNTREE GULLY VIC 3156

Removal of three trees (Paulownia, Banksia and Melaleuca)

15/05/2014 Approved



Dobson 2014/6328 10 Johns Street UPPER FERNTREE GULLY VIC 3156

Removal of a Cupressus sempervirens Stricta (Pencil pine)

13/05/2014 Approved

Dobson 2014/6384 33 Trafalgar Street FERNTREE GULLY VIC 3156

Removal of three XCupressocyparis leylandii trees

27/05/2014 Approved

Dobson 2013/6845 10 Prince Street FERNTREE GULLY VIC 3156

The construction of a single dwelling on the land and the removal of one Agonis flexuosa and one Cinnamomum camphora

22/05/2014 Approved

Dobson 2014/6231 56 Chestnut Avenue FERNTREE GULLY VIC 3156

Dependent Person Unit 13/05/2014 Approved

Dobson 2014/6335 27A Talaskia Road UPPER FERNTREE GULLY VIC 3156

Removal of one (1) Schinus ariera (Peppercorn tree)

14/05/2014 Approved

Dobson 2013/6944 135 Forest Road FERNTREE GULLY VIC 3156

Use of the land for the purposes of Retirement Village, Construction of six (6) independent living units and the removal of vegetation


Dobson 2014/6369 24 Cornhill Street FERNTREE GULLY VIC 3156

Removal of two (2) Trees (Eucalyptus botryoides, Liquidambar styraciflua)

22/05/2014 Approved

Friberg 2014/6132 427 Scoresby Road FERNTREE GULLY VIC 3156


12/05/2014 Approved

Friberg 2014/6354 87 Kathryn Road KNOXFIELD VIC 3180

The removal of five (5) trees & the pruning of one (1) other tree

20/05/2014 Approved

Friberg 2014/6126 1756 Ferntree Gully Road FERNTREE GULLY VIC 3156


5/05/2014 Approved

Friberg 2014/6213 99 Rickards Avenue North KNOXFIELD VIC 3180


22/05/2014 Approved

Friberg 2014/6129 28 Anne Road KNOXFIELD VIC 3180


28/05/2014 Approved

Scott 2014/6174 2 White Road WANTIRNA SOUTH VIC 3152

The development of the land for two (2) double storey dwellings

22/05/2014 Approved

Scott 2014/6294 101 Kathryn Road KNOXFIELD VIC 3180

The removal of one Eucalyptus cephalocarpa tree

1/05/2014 Approved

Taylor 2013/6939 64 Sullivan and 12 Cambridge Close LYSTERFIELD VIC 3156

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

27/05/2014 Approved

Taylor 2014/6349 43 Major Crescent LYSTERFIELD VIC 3156

Removal of two (2) Eucalyptus camaldulensis and the pruning of two Corymbia maculata and one Eucalyptus camaldulensis.

22/05/2014 Approved

Taylor 2014/6182 273 Dandelion Drive ROWVILLE VIC 3178


28/05/2014 Approved



Tirhatuan 2013/6481 19 Stamford Crescent ROWVILLE VIC 3178

7 lot subdivision (approved development site)

21/05/2014 Approved

Tirhatuan 2014/6189 525 Stud Road WANTIRNA SOUTH VIC 3152 4 Lot Subdivision (Stage Q) 27/05/2014

Approved

Tirhatuan 2013/6949 3 Stamford Crescent ROWVILLE VIC 3178

The development of the land for five (5) double storey dwellings

15/05/2014 Approved

Tirhatuan 2014/6186 525 Stud Road WANTIRNA SOUTH VIC 3152 9 Lot Subdivision (Lot P) 27/05/2014

Approved

Tirhatuan 2014/6125 19/1488 Ferntree Gully Road KNOXFIELD VIC 3180

Change of Use - Pole Dancing and Fitness Studio

8/05/2014 Approved

TOTAL: 58


TIRHATUAN WARD

6.2 APPLICATION TO USE AND DEVELOP THE LAND FOR MATERIALS RECYCLING, INTERNALLY ILLUMINATED MAJOR PROMOTIONAL AND FLOODLIT BUSINESS IDENTIFICATION SIGNAGE, AND ALTERATION OF ACCESS TO A CATEGORY 1 ROAD (STUD ROAD) AT 1060 STUD ROAD, ROWVILLE, Melway Ref. 72 J12 (Application No. P2013/6800)

1. SUMMARY:

Land: 1060 Stud Road, Rowville Applicant: Doug Rowe Proposed Development: Use and development of the land for Materials

Recycling, Internally Illuminated Major Promotional and Floodlit Business Identification Signage, and altering access to Category 1 Road

Existing Land Use: Vacant buildings Area: 6,672m2 Zoning: Commercial 2 Zone Overlays: No Overlays Local Policy: Municipal Strategic Statement (MSS)

Clause 22.02 – Industrial and Restricted Retail Sales Area Design Clause 22.08 – Scoresby-Rowville Employment Precinct

Application Received: 1 November 2013 Number of Objections: 180 PCC Meeting: Not Applicable Assessment:

An application for review of Council’s failure to make a decision within the prescribed timeframes of the Planning and Environment Act 1987 has been lodged with VCAT.

The proposed use and development of land for a Materials Recycling facility does not comply with design and amenity expectations for the Commercial 2 Zone, Rowville Activity Centre and Scoresby-Rowville Employment Precinct. The proposal will result in unreasonable amenity impacts to surrounding properties including community, residential and cultural uses. The proposal is not supported by the EPA or Council’s Environmental Health Officers.

The modifications that have been made to the proposal from that previously proposed and considered by VCAT, do not sufficiently address the issues that were raised in VCAT’s determination.

On balance it is considered that the proposal significantly fails to respond to State and Local Planning Policies. If Council were in a position to decide on the application, it is recommended that a Notice of Refusal to Grant a Planning Permit would have been issued.

12 COUNCIL – CITY DEVELOPMENT 24 June 2014 6.2 1060 Stud Road, Rowville (cont’d)

2. BACKGROUND

2.1 Previous Planning Applications/Site History

Planning application P/2011/6572 for the use and development of the land for Materials Recycling, Business Identification Signage, dispensation of car parking and altering access to Category 1 Road was previously considered by Council at its Ordinary Meeting on 27 March 2012. Council determined to refuse the application.

The applicant appealed this decision to The Victorian Civil and Administrative Tribunal (VCAT). VCAT affirmed Council’s decision in its order dated 21 December 2012.

In making its decision VCAT gave considerable weight to the subject site’s location abutting existing and future residential areas and the impact of the proposed use on the adjoining properties. VCAT acknowledged that there is strong policy encouraging the proposed use and resource recovery however these uses need to be appropriately located.

VCAT stated that this is not an appropriate location for what they would describe as an ‘old style industrial’ land use where the basic processes are inherently noisy, visually unappealing and, unless very strictly regulated, having considerable potential to create ongoing conflict adverse off-site amenity impacts to nearby sensitive uses.

Enforcement action has been undertaken by Council with regards to the illegally constructed concrete walls and is currently at VCAT. The enforcement proceedings will be heard in conjunction with the appeal for this application.

2.2 Rowville Plan 2013

At the Strategic Planning Committee Meeting on 8 April 2014, Council resolved to adopt the draft Rowville Plan 2013, as exhibited, noting that submissions to the draft plan will be considered as it continues to progress through the normal planning scheme amendment process with Amendment C131 to the Knox Planning Scheme.

In addition to adopting the draft Rowville Plan 2013, Council resolved to implement the rezoning of residential areas in the draft Rowville Plan 2013 study area, including rezoning land proposed to be included in an ‘Opportunity Sites – Residential/ Community Uses’ from a Residential 1 Zone to a Residential Growth Zone Schedule 3, with the exception of 1060 Stud Road.

As an adopted Structure Plan, this report assesses the requirements of the Rowville Plan 2013 as it is considered to be a seriously entertained planning proposal.


2.3 Subject Site and Surrounds

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

· The site comprises an irregular allotment of 6,672m2 which has frontage and road access to Emmeline Row to the north and Stud Road to the east. The northern half of the site contains a sealed carpark and a 500m2 building formally used for swimming pool display and sales. The southern portion of the site is unsealed and contains a 200m2 metal shed. Concrete slab walls have been illegally erected at the south western corner of the site. No encumbrances are registered on the property title.

· The adjoining property to the west and south is occupied by a church. To the north west of the site is located Stamford House and parklands, and to the north is located Enterprise Business Park. The subject site is located a minimum of 68 metres from the closest residential dwellings to the south and on the opposite side of Stud Road.

· Vegetation onsite is largely limited to a row of Cypresses along the western and southern boundaries and a Corymbia maculate in the south eastern corner.

2.4 The Proposal

(Refer to attached plans at Appendix B)

The application proposes to use and develop the site as a Materials Recycling facility, to alter access to a Category 1 Road (Stud Road), and for advertising signage.

The use will include:

· An internal processing system housed within the existing building. The internal processing system will incorporate all processing equipment including a shearer and baler.

· Separate soundproof, air conditioned room which will house the motor, fan and pump of the baler.

· Ancillary research and development/education and training facility for industry professions, students and the community.

· Business hours of the facility will be weekdays from 7am until 5pm and on Saturdays from 7am until 2pm. Hours of operation for the processing equipment will be on weekdays from 7am to 6pm and Saturdays between 7am and 1pm.


· Truck traffic will enter via a new sealed driveway and crossover at the south east corner of the site, and exit to Emmeline Row. An average of 20 heavy vehicle movements (10 arrivals and 10 departures) are anticipated per day and one (1) semi-trailer pick-up per week.

· ‘Door trade’ activity is anticipated to reach a maximum of 20 vehicles a day, with Saturdays being peak times.

The development will include:

· Construction of a double storey extension to the front of the existing building for the use as an office.

· Construction of a new building to be used for research and development, education and training purposes. The building is to be setback 4.55 metres from the southern boundary, has a maximum height of 7.5 metres and constructed of concrete panel walls and zincalume roof.

· Retention of the existing illegally constructed concrete wall on and near the southern and western boundaries and construction of an additional 3 metre high concrete wall that extends the wall along the southern boundary to the frontage of the site.

· Construction of a 4 metre high gabion stone wall along the northern boundary between the existing crossover and the western boundary.

· Replacement of other fencing along the Stud Road and Emmeline Row frontages with 2.1 metre high black powder coated fencing.

· New identification signs are proposed, including:

o A ‘V’ shaped internally illuminated major promotional sign, consisting two 18m2 panels (6mx3m) with a total height of 8 metres is to be located in the north eastern corner of the site adjacent to the intersection of Stud Road and Emmeline Row;

o A 5.6m2 floodlit business identification sign, 6 metres in height, with a sign area of 1.5 metres wide and 3.6 metres high to be located on towards the south eastern corner; and,

o In addition to these, six (6) flag poles are indicated on the plans forward of the main building but no detail is provided.


3. CONSULTATION

3.1 Advertising

The application was advertised by way of two (2) signs on the site, notices sent to adjoining property owners and occupiers, and notices in the local newspaper. 180 objections have been received and are summarised below.

Previously refused by VCAT

· As mentioned throughout this report, it is considered that the current proposal has not been sufficiently modified to address the issues raised by VCAT for the previous application.

Proximity to and impact on residential amenity and character (including the church, retirement village and childcare centre)

· As discussed throughout this report, it is considered that the proposal will have an unacceptable impact on the amenity of the surrounding sensitive uses.

Increase in noise

· As discussed throughout this report, it is considered that the proposal is ill conceived and has not appropriately considered sensitive interfaces to the site.

Health impacts - Industrial emissions / dust / vermin / pollution

· Council’s Health Department has not raised concerns regarding these specific health impacts from the site.

Hours of operation

· The hours of the proposed use are excessive when taking into account the community and residential uses immediately adjacent to the site.

Stamford Park historic homestead and parklands

· As discussed at Section 4.2, the amenity impacts from the proposed use will have an unacceptable impact on Stamford Park and the historic homestead.

Fire Hazard

· The proposed use, as described in the application will not result in an increased risk of fire.


Visual impact of signage

· The proposed signage is excessive, does not have regard to the site’s location and is inconsistent with the objectives of Council policy.

Traffic congestion

· Subject to modifications required by VicRoads and Council’s Traffic Department the proposed traffic arrangements are considered to be satisfactory and anticipated traffic movements will not unreasonably affect the existing traffic in Stud Road.

Illegal building works

· The carrying out of illegal works has not influenced the assessment of this application. Appropriate Planning and Building enforcement action has been taken regarding the illegal works and the enforcement proceedings will be considered by VCAT concurrently with the appeal for this application.

Strategic redevelopment site / not in accordance with the Rowville Structure Plan

· As discussed at Section 4.2, the proposal will prejudice the future strategic use of the land and surrounding area for residential purposes.

Property devaluation

· Property values are not a valid planning consideration.

3.2 Planning and Consultation Committee Meeting

A Planning Consultative Committee (PCC) Meeting was not held as a failure to determine appeal was lodged at VCAT before a PCC meeting could be scheduled and a PCC meeting was held for the previous planning application for the same use and no outcomes were achieved.

3.3 Referrals

The application has been referred to VicRoads, the Environment Protection Authority (EPA) and internal departments for comment. Objections have been raised and the following is a summary of relevant advice:

VicRoads

· No objection to the proposed access arrangements subject to conditions, including the removal of the northern crossover onto Stud Road.


· Proposed “V” shaped sign shown on the plans does not match the sign described on the application form. VicRoads objects to the sign as shown and provided conditions requiring the sign to be reduced in size and removal of reference to LED Digital Sign.

Environment Protection Authority (EPA)

· The EPA does not support the proposal as referred and provided the following comments.

· Insufficient information has been provided to demonstrate that no adverse amenity impacts will result from the full extent of the proposed activity. EPA is particularly concerned about noise impacts associated with the proposal.

· EPA understands that the acoustic wall described in the Noise Impact Assessment (NIA) does not have planning approval and is not currently a feasible solution for noise mitigation. As such, EPA has concerns that noise levels from the proposed activity will not comply with State Environmental Protection Policy (Control of Noise from Commerce, Industry and Trade) No. N-1 (SEPP N-1).

· In addition, the NIA appears to only refer to the recycling of metal, however the application describes the additional recycling of plastics and glass. The extent to which these materials will be processed has not been detailed, nor has sufficient assessment been demonstrated regarding the additional impacts that may be associated with the recycling of these materials.

· Permit conditions suggested include: (excerpts)

o There must be no acceptance or processing of wastes other than metal at the premises.

o The design and operation of the premises should be in accordance with Sustainability Victoria’s Guide to Best Practise at Resource Recovery Centres (September 2009).

o A detailed noise management plan must be developed.

Strategic Planning

· Rowville Plan

o Amendment C131 proposes to rezone the site from Commercial 2 Zone to Residential Growth Zone, which is consistent with the aspirations of the draft Rowville Plan.


o The proposed planning controls for this site in Amendment C131 include a change to Residential Growth Zone, Schedule 3 (RGZ3) and the application of Schedule 9 to the Design Development Overlay (DDO9).

o The Rowville Plan identifies this site as an Opportunity Site for residential and community uses. The plan provides the following guidance for this site:

“Higher density residential development that includes a range of dwelling sizes in encouraged. A component of affordable housing (including low-cost and/or social housing) is encouraged.”

o The proposed use and development of this site is entirely inconsistent with the desired future land use stated in the Rowville Plan.

· The proposed use is inconsistent with the strategy for the Scoresby-Rowville Employment Precinct to encourage ‘high amenity‘ production economy related activities’.

· The current site is underutilised, and is identified in the Stud Park Structure Plan as a strategic redevelopment site; however the proposed use and development does not contribute to the ‘revitalisation’ of the Stud Park, Rowville Activity Centre.

Traffic Engineer

· The swept path diagram indicates that a 19m long semi-trailer may satisfactorily manoeuvre within the site and enter and exit the site in a forward direction. The exiting movement onto Emmeline Row however depicts that the vehicle would be required to use the full width of the entry and exit crossover. As such, access for other vehicles into the development may be restricted at times. It is therefore recommended that the crossover is amended to allow for unrestricted access.

· Vehicles longer than 19m need to be prohibited from entering the site.

· All heavy vehicles must enter the site via the southern Stud Road driveway and exit via Emmeline Row.

· The location of gates at the property boundary must not impede on traffic flow on Stud Road and the footpath. As such, gates should be located at least 19m from the property boundary.

Officer response - Conditions can be placed on any permit issued to address these concerns.


Drainage Engineer

· The proposed 4 metre high gabion stone wall is to be relocated off the easement.

Officer response – A condition can be placed on any permit issued to address this concern.

Health Services

· The highest impact from the site will likely be noise. The Acoustic Report does not consider noise forecasts for emptying or transferring of scrap from trucks to holding bins; and noise forecasts for sirens, beacons or alarms.

· Predicted noise levels indicate that the emissions of the facility are likely to be above the relevant noise level. Therefore noise mitigation measures are required.

· The proposed noise mitigation measures outlined in the acoustic report include removing gaps in the precast boundary wall, including acoustic absorbent material within the main building and enclosing the hydraulics of the baler.

Arborist

· Construction of a concrete kerb and driveway is located within the Structural Root Zone (SRZ) and Tree Protection Zone (TPZ) radii of the Corymbia maculata. The earth and concreting works will damage the root system of the tree and no works must occur within the Corymbia maculata’s SRZ radius (2.4 metres) and all works should be kept outside the tree’s TPZ area (5.8 metres) where possible. The pole mounted sign should be moved outside the trees’ SRZ area as this is too close to the crown of the tree. Ideally, the pole mounted sign should be constructed outside the tree’s TPZ area to avoid sight line issues between the tree and the sign.

· The replacement of the existing black steel picket fence with a four metre tall stone gabion wall should not affect the street trees if the works are kept outside the 2m TPZ radius of the trees. The trees should be protected (tree protection fencing) during the demolition and construction stage of the development.

· The concrete walls erected on the south and west boundaries have and will continue to have an impact on Leyland Cypress and Callistemon trees growing along these boundaries, it is noted that foliage has died along the concrete walls and it is likely that over time the trees will grow away from the wall which is likely to result in them becoming unstable.


Landscape

· The concept landscape plan includes species that are recognised as weeds species within Knox.

· The large Corymbia maculate along Stud Road would be heavily impacted upon from the proposed driveway.

· There is opportunity for Water Sensitive Urban Design in the form of rain sensitive gardens and swales to treat run off from the hard surfaces throughout the property.

Building Services

· 4 metre high walls on the boundary are too high and should be a maximum of 2 metres in height.

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 Commercial 2 Zone

The land is located in a Commercial 2 Zone (C2Z). The purpose of the zone is to encourage commercial areas for offices, appropriate manufacturing and industries, bulky goods retailing, other retail uses, and associated business and commercial services and to ensure that uses do not affect the safety and amenity of adjacent, more sensitive uses. A planning permit is required to use the land for Materials Recycling and for any buildings and works.

· The proposed Materials Recycling use is not consistent with the purpose and decision guidelines of the C2Z, given the high amenity expectations for the zone which differentiate it from Industrial zones. As discussed throughout this report, it is considered that the use will detrimentally affect the amenity of the neighbourhood through the site’s appearance, high walls on boundaries, noise, artificial light and waste emissions.

The proposed teaching, training and R&D building, signage, reduced landscape buffers and setbacks are also inconsistent with the purpose of the C2Z. As detailed in the assessment against the Local Planning Policy Framework below, the proposed use, industrial appearance of the proposed teaching, training and R&D building and high walls will detract from the streetscape.


The proposal has not taken into account immediately adjacent uses, including community, residential and high amenity business park environments, which are sensitive to industrial off-site effects.

In addition, the proposed facility fails to address VCAT’s concerns relating to the detriment that the use will have on adjoining sensitive uses.

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 13.04 Noise and Air - Ensure that development is not prejudiced and community amenity is not reduced by noise emissions, using a range of building design, urban design and land use separation techniques as appropriate to the land use functions and character of the area.

· The Acoustic Report submitted by the applicant states that the facility will comply with the noise limits under the State Environment Protection Policy (Control of Noise from Commerce, Industry and Trade) No. N-1’, subject to the precautions and hours of operation recommended in the Acoustic Report being implemented.

However this report does not provide an analysis of the proposed use of the proposed teaching, training and R&D building or the activities that are likely to occur outside of the buildings.

The application’s supporting documents indicate that the research and development is associated with the development of equipment associated with materials recycling. The proposed building is factory like and has the potential to house activities which will cause a detriment to the surround properties.

Council’s Health Services department have also identified that the Acoustic Report fails to address sirens, reversing alarms on trucks and transferring of scrap from trucks into the outdoor holding bays.

Noise associated with these activities are likely to be significant. Given the proposal to operate outside of the recommendations of their acoustic expert, minimal effort to design buildings to reduce noise emissions, and lack of separation from sensitive uses, it is considered that the application will detract from community and residential amenity.


Clause 15.01 Urban Design - Ensure new development or redevelopment contributes to community and cultural life by improving safety, diversity and choice, the quality of living and working environments, accessibility and inclusiveness and environmental sustainability. Require development to respond to its context in terms of urban character, cultural heritage, natural features, surrounding landscape and climate.

· The proposed development has not been designed for the site and its context. The residential/community uses to the south, heritage and parkland uses to the north west and business park uses to the north demand a high level of architectural quality and impact minimisation. The applicant has proposed an improved built form to the existing building however other areas on the site propose simplistic concrete structures, with no further attempt at urban design to integrate with the surrounding area, or incorporate features such as roofing to contain noise and emissions.

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

· The proposed materials recycling use itself is commendable for its work to recycle industrial, commercial and domestic waste products. However, as discussed throughout this report, the use and development are inconsistent with the context of the site.

Clause 15.03 Heritage – To provide for the conservation and enhancement of those places which are of, aesthetic, archaeological, architectural, cultural, scientific, or social significance, or otherwise of special cultural value.

· The proposed facility is located less than 100 metres from Stamford Park and historic homestead. The use adjoins the main entrance road to the homestead. The activities, traffic arrangement, signage and high fencing and walls proposed onsite are likely to impact on the heritage values of Stamford House.

Clause 17.02 Industry – Strategies include to:

Protect industrial activity in industrial zones from the encroachment of unplanned commercial, residential and other sensitive uses which would adversely affect industry viability.

Encourage industrial uses that meet appropriate standards of safety and amenity to locate within activity centres.


Provide adequate separation and buffer areas between sensitive uses and offensive or dangerous industries and quarries to ensure that residents are not affected by adverse environmental effects, nuisance or exposure to hazards.

· While the use is industrial in nature, it must be noted that the zoning is not an Industrial zone but rather a Commercial 2 Zone with policy expectations of a “high amenity” environment accompanied by strategic planning which identify the site for future community and residential uses. This policy context means that industrial uses in this location do not have the ‘protection’ that would usually be offered against encroachment of sensitive uses.

It is also noted that the site is located within an activity centre, by its inclusion within the Rowville Plan boundary. As discussed throughout the report, the use, acoustic walls and signage do not meet standards of safety and amenity, let alone those expected for an activity centre.

Clause 19.03 Waste and Resource Recovery – Strategies are to:

Establish new sites and facilities to safely and sustainably manage all waste and maximise opportunities for resource recovery.

Encourage facilities for resource recovery to maximise the amount of resources recovered.

Provide sufficient waste management and resource recovery facilities to promote re-use, recycling, reprocessing and resource recovery and enable technologies that increase recovery and treatment of resources to produce energy and marketable end products.

Encourage waste generators and resource generators and resource recovery businesses to locate in close proximity to enhance sustainability and economies of scale.

Ensure buffers for waste and resource recovery facilities are defined, protected and maintained.

· The materials recycling in itself offers a valuable service in recycling and recovering waste materials from commercial and community sectors. However, as discussed throughout this report, the proposal offers no separation from sensitive uses and is not consistent with the built form objectives for the area.


4.2.2 Local Planning Policy Framework

Clause 21.07 Municipal Strategic Statement (MSS). The MSS identifies the Scoresby-Rowville Employment Precinct as an emerging Specialised Activity Centre where high amenity production economy-related activities are encouraged.

· As discussed throughout this report, the proposal to use and develop the land for the purpose of Materials Recycling does not meet this policy.

The Rowville Activity Centre (formally Stud Park Activity Centre) is identified as a Major Activity Centre at Clause 21.07. Key issues in Major Activity Centres include:

- Higher density residential development is encouraged to locate above active ground uses within the centre and medium density residential development around the periphery of the centre to provide greater opportunities for people to live within the centre.

- Redevelopment of underutilised land or inappropriately used sites to provide a land use mix that contributes to a revitalised centre.

· As outline in Section 2.2 Council has adopted the Rowville Plan.

The Rowville Plan identifies the site as an ‘Opportunity Site’ (Site 1) for redevelopment and provides guidance on the supported futures uses. It also identifies the neighbouring site at 1070 Stud Road (Australia for Christ Fellowship Church) as an Opportunity Site (Site 2).

An objective of the Rowville Plan is to enact zoning on Opportunity Sites to support higher density residential and commercial development and community uses.

The opportunities identified for this site are:

o Higher density residential development that includes a range of dwelling sizes is encouraged.

o A component of affordable housing (including low-cost and/or social housing) is encouraged.

The opportunities identified for 1070 Stud Road (neighbouring site) are:

o Continuation and expansion of the existing community uses on this site is supported.

o Higher density residential development that includes a range of dwelling sizes is encouraged.


o A component of affordable housing (including low-cost and/or social housing) is encouraged.

The amenity impacts from the proposed Materials Recycling use is discussed throughout this report and may be a disincentive to future residential development immediately adjacent to the site. The use of the land for a Materials Recycling facility is not consistent with the objectives of the Rowville Plan.

Clause 22.02 Industrial and Restricted Retail Sales Area Design – This policy applies to all land in an Industrial 1 Zone, Business 3 or Business 4 Zone and aims to facilitate growth in employment by ensuring that the design of industrial and restricted retail sales development maintains and enhances the appearance of industrial areas and is compatible with the surrounding streetscape and landscape character, with particular attention to complementing adjoining built form.

· Although the site is located within the Commercial 2 Zone, prior to the changes to the zones approved by Amendment VC100 it was within the Business 3 Zone and therefore the policy is still applicable.

Siting Buildings be set back from roads to enhance visual amenity. Industrial and restricted retail sales buildings not adversely affect the visual amenity of nearby residential land or land used for open space purposes. Unsightly areas and works be screened from external view.

· The design of the alterations to the existing building will result in an improved building. However the proposed teaching, training and R&D building is box-like and makes no attempt towards architectural quality, provision of visual interest, energy efficiency, or activating the main road frontage or addressing the neighbouring residentially zoned land and will adversely affect the visual amenity of nearby residential land.

· Unsightly areas and works, including storage areas on the northern portion of the site are proposed to be screened off, however this is by a 4 metre high stone wall, which is an inappropriate outcome for a the Emmeline Row frontage. Areas on the southern portion of the site that may be used for storage are not screened.

· The proposed layout includes reduced landscape setbacks to Stud Road and Emmeline Row and does not satisfy the siting standard of the policy.


Landscaping Landscape plans promote the “green leafy image” of Knox. Landscaping softens and screens development from adjacent land. Low fences or no fencing be provided at the main frontage of the site.

· The form and extent of landscaping proposed do not promote the “green leafy image” of Knox. Minimal or no landscaping buffers are provided to the side and rear of the site, removing opportunities to screen development from adjacent residential land. High fencing is proposed forward of the site, and the site’s frontages comprise large areas of hardstand.

· The location of the proposed entry from Stud Road does not give sufficient consideration to the retention of the existing Corymbia maculate.

Architectural quality The external design treatment of large buildings minimises the apparent visual bulk of the buildings. Buildings incorporate design elements that add visual interest.

· Alterations to the existing building will improve the appearance of that building however the proposed teaching, training and R&D building has not been designed to minimise visual bulk or add visual interest.

Signage Signage be uncluttered. Signage be integrated with the architecture and landscaping of a building.

· The ‘V-shaped’ internally illuminate major promotional sign, six flag poles and 6 metre high floodlit pole sign are not integrated with any building, and result in the appearance of visual clutter to the area.

Clause 22.08 Scoresby-Rowville Employment Precinct– The policy applies to Business 3 and Public Park and Recreation zoned land bounded by Ferntree Gully, Stud and Wellington Roads and the EastLink reservation.

· It was noted in VCAT’s decision for the previous application for a materials recycling facility on the site, that although the use requires a permit, the materials recycling use does not accord with the local policy, which through the Scoresby-Rowville Employment Precinct policy set out in Clause 22.08, encourages ‘high tech or bio related industries’ and ‘high amenity industries’.


Although this application incorporates ancillary uses within the proposal the use of the land is the same as previously proposed and has not been modified sufficiently to address the issues raised.

With the Scoresby-Rowville Employment Precinct it is policy that:

Production economy The use and development of production economy related businesses with a primary focus on research and development, industry/technology, warehousing/distribution and office business park is encouraged.

· The proposed use is not a type of business that is encouraged by this policy. This position is supported by VCAT in its determination of the previous application where it was noted that the Materials Recycling facility is an ‘old style industrial’ land use and the intention of the policy is for businesses that have high amenity in both built form and off-site impacts.

· It is noted that the application incorporates a research and development/education and training facility for industry professionals, students and the community, however minimal information is provided as to the specific details of this ancillary use.

In the absence of any specific information it is not unreasonable to assume that this portion of the operation will be similar to the remainder of the site.

Siting Buildings and car parking areas are set back a minimum of 20 metres from all Category 1 Roads (and their service roads). Buildings and car parking areas are set back a minimum of 7.5 metres from a Category 2 Road or lower order road with a road reserve of more than 9 metres in width. Where the side setback of buildings is a dominant characteristic, buildings should be setback from side boundaries to enhance the garden setting of the Precinct. Car parking areas are to be located to the side, rear or basement level of buildings, not within front setback areas, except for sites where a boundary is shared with Lake Caribbean were the siting of car parking will be assessed on an individual basis.


Unsightly areas and works are to be sited and screened from external view.

· The siting of buildings to the street frontages is generally satisfactory, it is noted that the setback to Stud Road will be slightly reduced from the current setback, however this is considered appropriate given the improved appearance of the façade.

· The proposal includes a reduction in the setbacks to car parking and access areas to both Stud Road and Emmeline Row and is not appropriate.

· The application incorporates screening of potentially unsightly areas, however the use of high concrete walls and a 4 metre high gabion stone wall on the northern boundary significantly reduces the potential for landscaping.

Design - Bulk and Mass, Facades, Roof Building design should avoid box-like structures through the provision of articulation, the use of glazing, height, variation in materials and textures and the use of architectural features to provide visual interest. On corner sites, facades should address both street frontages and may include a higher corner element or a design element to emphasise its street corner location. Active uses should be located towards the street frontage of buildings to avoid blank walls facing streets. The style and scale of buildings should be of a high quality that complements existing development and makes a positive contribution to the amenity of the Precinct. On streets and areas of pedestrian activity, the design should allow for good visual penetration of the ground floor facade to provide natural surveillance.

· The design of the proposed main building is an improvement on the current site conditions with a new double storey office component facing Stud Road and the retention of the existing glazing facing Emmeline Row.

· The proposed teaching, training and R&D building is box-like and makes no attempt towards architectural quality, provision of visual interest, energy efficiency, or activating the main road frontage or addressing the neighbouring residentially zoned land.


Heritage · Emmeline Row to the north of the site is the main entrance road to

Stamford House, a regional park and new 7 ha. residential precinct, and the visual impact of the facility and high walls on the boundary, as well as noise and other emissions are likely to have a significant, negative impact on the historic values and community/residential uses within Stamford Park.

Landscaping Landscaping should reflect the examples of high standards set by established development within the Precinct. High quality landscape treatments should be provided on road frontages (including road sideages) of the development. The edges of access-ways should be landscaped to soften the appearance of paved surfaces. Where retaining walls are required landscaping should be incorporated into the retaining wall design.

· The proposed layout fails to provide the appropriate landscape setbacks. This includes to both street frontages and the required buffer to the neighbouring residentially zoned land.

· As outlined in Section 3.3 above the draft landscape plan includes species of plants that are recognised weeds within Knox and the proposed entry from Stud Road does not give sufficient consideration to the retention of the existing Corymbia maculate.

Fencing No fences should be provided to frontages of buildings. Where required, fencing should be colour coated (ie. not exposed wire or uncoated timber) and designed to fit in with the overall building design.

· The application proposes a 2.1 metre high black powder coated fence along the Stud Road and eastern portion of the Emmeline Row frontage.

· In place of fencing on other boundaries the application proposes to construct or retain illegally constructed solid walls along the boundary, including a minimum 3 metre high concrete wall along the southern and western boundaries and a 4 metre high gabion stone wall along the western portion of the northern frontage to Emmeline Row.

· These boundary treatments will detract from the high amenity environment that is the objectives of Clause 22.08.


Signage Signage should be uncluttered and integrated with the architecture and landscaping of a building. Business signs should be sensitive to the style, scale and type of development. Billboards and large advertising signs are discouraged.

· The proposed signage is inappropriate as it is too large, does not integrate with the architecture or landscaping of the building and is not sensitive to the surrounds of the site.

4.3 Particular Provisions

Clause 52.05 Advertising Signs – The policy aims to provide for signs that are compatible with the amenity and visual appearance of an area, including the existing or desired future character, and ensure signs do not contribute to excessive visual clutter or visual disorder. Additional as the proposed internally illuminated ‘v-shaped’ sign has an area of 18m2 for each of the signs it is considered as a major promotion sign and is subject to additional decision guidelines above and beyond the general decision guidelines contained in Clause 52.05-2.

· As discussed at Section 4.2.2 above, the expectations of high architectural quality and amenity for the area encourages that signs be incorporated into the design of buildings.

Signage proposed is excessively large, includes internally illuminated major promotional signage, is not of particularly high architectural quality, will result in visual clutter and detriment to the amenity of surrounding properties and VicRoads have objected to the “V” shaped sign as shown on the plans.

Clause 52.06 Car Parking– A new use must not commence or the floor area of an existing use must not be increased until the required car spaces have been provided on the land.

The table at Clause 52.06-5 requires that 10% of the site area be provided as car parking.

· The proposal complies with the required provision of car parking, however it is noted that a number of the car parking spaces are located within the desired landscape setback, as discussed above in Clauses 22.02 and 22.08.


Clause 52.10 Uses with Adverse Amenity Potential – The purpose of the policy is to define those types of industries and warehouses which if not appropriately designed and located may cause offence or unacceptable risk to the neighbourhood.

The table to Clause 52.10 does not apply any threshold distance to Commercial and Industrial Materials Recycling uses, but provides a Note 1 which states: The threshold distance is variable, dependent on the processes to be used and the materials to be processed or stored.

The threshold distance referred to in the table to this clause is the minimum distance from any part of the land of the proposed use or buildings and works to land (not a road) in a residential zone, Capital City Zone or Docklands Zone or land to be used or acquired for a hospital or an education centre.

· The Materials Recycling use has a zero setback from land zoned for residential uses. This is considered unacceptable given the processes to be carried out onsite.

· Both the EPA and Council’s Health Services Department do not support the proposal and both have raised concerns regarding noise from the proposed use. They also note that the Noise Impact Assessment has not considered all uses proposed on the site, and bases its assumptions on a building that is not consistent with the proposed building.

· The application includes the use of high concrete walls along the southern and western boundaries and gabion stone wall along a portion of the northern boundary to reduce the noise impacts from the site. VCAT has previously determined that the use of concrete walls along the southern and western boundaries will be overwhelming and is an unacceptable outcome along these interfaces and did not support the walls. Rather than addressing this matter the proposal incorporates additional walls along the southern boundary.

Clause 52.29 Land Adjacent to a Road Zone, Category 1, or a Public Acquisition Overlay for a Category 1 Road – The policy aims to ensure appropriate access to identified roads. A permit is required to create or alter access to a road in a Road Zone, Category 1. Applications must be referred to the Roads Corporation under Section 55 of the Planning & Environment Act 1987.

· As discussed in Section 3.3 (Referrals) above, VicRoads has not objected to alteration to the crossover onto Stud Road and has recommended a number of conditions including the removal of the northern crossover onto Stud Road.


4.4 General Decision Guidelines

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

· The proposed development is inconsistent with the Decision Guidelines of Clause 65 of the Knox Planning Scheme and Section 60 of the Planning and Environment Act (1987).

5. CONCLUSION

Clause 10.04 of the Knox Planning Scheme requires Council to balance relative policy objectives when making decisions to ensure resulting development is sustainable and achieves a net community gain. In this context, the development is inappropriate given the following:

· The proposed site is not an appropriate location for a use that VCAT describes as an ‘old style industrial’ land use where the basic processes are inherently noisy, visually unappealing and, unless very strictly regulated, having considerable potential to create ongoing conflict adverse off-site amenity impacts to nearby sensitive uses.

· The proposal has not been altered sufficiently to address the issues identified by VCAT in its decision in relation to the previous application for a materials recycling facility on the subject site.

· The proposed use and development is not consistent with the expectations of high amenity for a Commercial 2 Zone, location within the Scoresby-Rowville Employment Precinct, close proximity to Stamford House, and immediate abuttal to a residential zone.

· The proposal will have an unacceptable impact on residential amenity, including by way of noise, visual and vibration.

· The proposed building fails to meet the expectations of high amenity, visual interest and high architectural quality for development within the Scoresby-Rowville Employment Precinct and Commercial 2 Zones in Knox.

· The proposed use and development, including signage and high boundary walls has the potential to detract from the heritage values of Stamford House.

· The EPA has concerns with the noise impacts associated with the proposal and does not support the proposal.

6. CONFIDENTIALITY

There are no confidentiality issues associated with this report.


RECOMMENDATION

That Council resolve that:

If Council were in a position to decide on the application that it would have issued a Notice of Refusal to Grant a Planning Permit for the application to Use and Develop land for Materials Recycling, business identification signage and alteration of access to a Category 1 Road at 1060 Stud Road, Rowville, subject to the following grounds:

1. The modifications made to the proposal are not sufficient to address the issues raised in the VCAT decision for planning application P/2011/6572 (P968/2012).

2. The proposed development will result in unreasonable amenity impacts on surrounding properties by way of noise, vibration and visual impacts.

3. The proposed use and development is inconsistent with the State and Local Planning Policy Framework, in particular Clause 22.02 Industrial and Restricted Retail Sales Area Design and Clause 22.08 Scoresby-Rowville Employment Precinct, and the Commercial 2 Zone.

4. The proposed use and development is not consistent with the Rowville Plan 2013.

5. The proposed use and development does not represent orderly planning and is not consistent with the objectives of Planning in Victoria.

COUNCIL RESOLUTION MOVED: CR. SEYMOUR SECONDED: CR. MORTIMORE That the recommendation be adopted. CARRIED UNANIMOUSLY


DINSDALE WARD

6.3 APPLICATION TO DEVELOP THE LAND FOR TWO (2) DOUBLE STOREY DWELLINGS AND ONE (1) SINGLE STOREY DWELLING AT 9 ALLENBY AVENUE, WANTIRNA SOUTH Melway Ref. 64 B9(Application No. P/2013/6693)

1. SUMMARY:

Land: 9 Allenby Avenue, Wantirna South Applicant: Spiro Perdikomatis Proposed Development: Development of the land for two double

storey dwellings and one single storey dwelling.

Existing Land Use: Single dwelling Area/Density: 917m2 / 1:305m2 Zoning: Residential 3 Zone Overlays: No Overlays Local Policy: Municipal Strategic Statement (MSS)

Housing Policy Neighbourhood Character Policy

Application Received: 3 July 2013 Number of Objections: 17 PCC Meeting: 18 April 2014 Assessment:

Subject to conditions the development can provide an appropriate balance between the need for additional housing within an established residential area, the amenity of occupants and adjoining residents, and planting of new canopy vegetation.

The proposal complies with the Housing Policy, the Neighbourhood Character Policy, and ResCode.

The proposal complies with the Residential 3 Zone.

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

42 COUNCIL – CITY DEVELOPMENT 24 June 2014 6.3 9 Allenby Avenue, Wantirna South (cont’d)

2. BACKGROUND

2.1 Planning Scheme Amendments

Amendment C131 proposes to implement the findings of the Knox Housing Strategy 2013, the Knox Residential Guidelines, the Rowville Plan (2013) and the new residential zones. Amendment C131 has recently completed the public notification process. Amendment C131 is not a ‘seriously entertained proposal’ at this time, and no weight has been given to the Knox Housing Strategy in the assessment of this application.



· The site is irregular in shape, located on the eastern side of Allenby Avenue, Wantirna South and has a total area of 913 square metres. The site contains a single dwelling, setback 7.5 metres from Allenby Avenue, with access from the south-western corner of the property.

· The surrounding properties are zoned for residential use and have been developed accordingly. Development is a mix of single dwellings on a lot and medium density units.

· The site is sparsely vegetated and does not contain any significant trees.

2.3 The Proposal


It is proposed to remove the existing dwelling and construct two double storey dwellings and one single storey dwelling on the land. Details as follows:

· Dwelling 1 and 2 contain 4 bedrooms, living areas, kitchen, amenities, and are provided with a two car garage.

· Dwelling 3 contains 2 bedrooms, living areas, kitchen, amenities, and is provided with a single car garage.

· The proposed buildings have a maximum height of 8.2 metres and are setback 7 metres from Allenby Avenue. Garages to Dwellings 1 and 3 are proposed to be located on the site boundaries.

· All vegetation is proposed to be removed.


3. CONSULTATION

3.1 Advertising

The application was advertised by way of a sign on the site’s frontage and notices were sent to adjoining property owners and occupiers. Council received 17 objections to the application that can be summarised as follows:

The front setback does not comply with ResCode.

· The applicant has agreed to revise the setback of Dwelling 1 to the satisfaction of the Responsible Authority. A condition on any permit issued would require that Dwelling 1 be setback to comply with ResCode requirements.

The front porch is larger than that allowed to encroach into the ResCode setback.

· A condition on any permit issued would require that the porch comply with the ResCode requirements.

Two storey bulk is not appropriate.

· Two storey development is a normal part of the suburban residential fabric. The two storey components are located towards the front of the site with the single storey dwelling located to the rear. The upper floor footprints are generally smaller than the ground floor footprints, providing some articulation and better integrating with surrounding development.

Street tree impact

· The applicant has agreed that the driveway to Dwelling 1 should avoid the street tree by three metres. A condition on any permit issued would require a three metre clearance to the street tree.

Overdevelopment

· Although there are some ResCode non-compliance issues, it is considered that these can be rectified with conditions on any permit to issue. Subject to conditions, the proposal is not considered to be an overdevelopment of the site.

Traffic and parking issues

· No issues have been raised by Council’s Traffic Department. The proposed development satisfies the car parking requirements of Clause 52.06. A condition on any permit issued will require that Dwelling 3 have two bedrooms only, and that the partial walls to the dining room be removed to ensure that it is not utilised as a bedroom.


Impacts on adjoining vegetation

· A condition on any permit issued will require the proposed driveway be constructed above grade within the TPZ of trees on the adjoining property to the south.

· As Garage 3 cannot be constructed on the easement, it will be required to be moved forward off the easement and changed to a carport to ensure that it does not detrimentally impact the Eucalypt on the adjoining property to the south. Post holes for the carport can be hand dug for the first 500mm to ensure no conflict with tree roots.

Overlooking

· A condition on any permit issued will require that dwellings be lowered to ensure compliance with ground floor overlooking requirements. Unreasonable views to adjoining properties from upper floor windows will be screened with external louvers.

3.2 Planning Consultative Committee Meeting

A Planning Consultative Committee (PCC) Meeting was held at the Civic Centre on 18 April 2014. Ten (10) people signed the attendance sheet at the meeting.

No outcomes were agreed upon although the applicant noted that he would be prepared to make changes to the design to the satisfaction of the Responsible Authority and to satisfy some of the objector concerns including the front setback, crossover location, tree protection, and overlooking.

3.3 Referrals

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

Traffic Engineer

· Standard conditions to be included on any permit issued.

Drainage Engineer


· Build over easement consent will not be provided to the Garage of Unit 3.

Assets

· The proposed crossover will impact the street tree.


Arborist

· Construct driveway above ground level within Tree Protection Zone (TPZ) of vegetation on the south boundary.

· No objections.

Parks

· The applicant has agreed to relocate the crossover to Dwelling 1 away from the tree. The required setback is 3 metres.

4. DISCUSSION


4.1.1 Zone

The site is located within the Residential 3 Zone. Within the Residential 3 Zone (R3Z) a Planning Permit is required to construct more than one dwelling on a lot. The Schedule to the Residential 3 Zone requires open space areas to be a minimum 60m2 with 40m2 of secluded private open space with a minimum width of 5 metres.

· Private open space dimensions comply with the schedule.

· No front fence is proposed.

4.1.2 Overlays

No overlays apply to the land.




Key Policies:

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


· The design of the development will make a positive contribution to the streetscape, with built form considered to be appropriate in form and scale. The dwellings have been designed to be energy efficient and are well orientated. Upper floors are generally setback from the ground floor and considered to be acceptable.

· Further, each dwelling incorporates important neighbourhood character features such as pitched and hipped roof forms, brick and render finishes, and eaves. The front setback is appropriate and allows for canopy tree planting, therefore development is not expected to dominate the street. A condition on any permit issued will require that the front setback be increased to ensure compliance with the ResCode standard allowing more room for planting.

Clause 15.02 Sustainable Development – Encourage land use and development that 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 within an existing residential area within reasonable distance to urban services and transport. Dwellings are orientated appropriately and incorporate eaves over north and west facing windows. Further, should a permit be issued, the development is required to be constructed in accordance with an approved Sustainable Design Assessment.

Clause 16 Housing – Encourage the development of well-designed medium-density housing that respects the neighbourhood character; improves housing choice; makes better use of existing infrastructure; and, improves energy efficiency of housing.

· Neighbourhood character - This is discussed in a later section of the report (Section 4.2.2).

· Housing choice – The provision of dwellings on smaller lots is considered to increase housing choice. A 2 bedroom dwelling has been included in the design and provides some variety within the development.

· Integration with infrastructure – As detailed in Section 3.3 above, the development is considered to be satisfactorily integrated into the existing road network. Drainage plans will be required as a condition of any permit issued.

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


· Location – The site is not located within an Activity Centre, however the location of the development is considered appropriate as the site is within an established residential area, where multi unit developments can be considered, and the development proposes two additional dwellings only. Knox City Shopping Centre is located 700 metres walking distance to the south.

Clause 18 Transport – To create a safe and sustainable transport system by integrating land use and transport.

· The site is located 110 metres from the bus stop on Coleman Road, that is serviced by Bus Routes No. 737, 745C

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

· Route No.745C operates between Bayswater and Wantirna Primary School, travelling along Coleman Road once per day, Monday to Friday, at approximately 4:10pm.

4.2.2 Local Planning Policy Framework Clause 21.05-2 Municipal Strategic Statement (MSS) The MSS seeks to reduce the prevalence of infill and medium density housing development in dispersed locations as a major form of housing development by promoting activity centres, key redevelopment strategic sites, and the Principal Public Transport Network as the preferred location. It also seeks to encourage diversity of housing types, styles, form and sizes to cater for the changing needs of the community, noting that the majority of housing stock in Knox is comprised of 3 and 4 bedroom dwellings. The lack of housing stock diversity is likely to become more apparent as the housing needs of the community change over time.

o The site is not located in an Activity Centre or key redevelopment site, however, is approximately 700 metres walking distance from the Knox Principal Activity Centre, providing access to numerous shops and services.

o The proposed development contributes to the diversity of housing in Knox within the context of the changing household types described in the MSS.


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.

o While the land is not in an Activity Centre, the proposal respects the preferred neighbourhood character and is consistent with the requirements of the MSS.

o An assessment against Council’s preferred Neighbourhood Character Policy (Clause 22.07) is below. Unit development is common within the surrounding area and the site is located approximately 700m walking distance from Knox City Shopping Centre.

o As highlighted above, the site is located in an established urban area close to urban services.

Clause 22.07 Neighbourhood Character: Garden Suburban Character 3 – The desired future character of this area is for “low scale dwellings set within an open landscape with occasional large native trees and in some precincts large stands of native and exotic trees.”

The key design objectives are:

To retain the tall trees.

o There is no significant native vegetation on the site. Conditions on any permit issued would require the protection of vegetation on adjoining properties. The site provides opportunities to plant new canopy trees.

To maintain the continuity of garden character between dwellings.

o The development provides adequate areas for the establishment of additional landscaping within private open space areas.

o Additional canopy vegetation can also be planted within the front setback.

To minimise the dominance of buildings from the street.

o The proposed front setback is forward of the ResCode requirement. A condition on any permit issued will require that the minimum setback be achieved. Planting within the setback will ensure the buildings do not dominate the streetscape.


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

o Car parking facilities are located to the side or rear of each dwelling and are not considered to dominate the streetscape.

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

In response to this forecast, the Housing Policy directs the provision of a diversity of housing types and forms; housing that meets the needs of all groups within the community; accessible housing that is well designed and responsive to the local character and environment; and housing that recognises that the environment and landscape significance of the Dandenong Foothills outweighs the need for urban consolidation in the Foothills.

Before deciding on an application, the responsible authority will consider, as appropriate, whether:

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

o The proposed development proposes 4 and 2 bedroom dwellings that provide for a range of smaller dwelling and land sizes.

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

o The site is located within an established residential area with access to urban services. As discussed above, the proposed development complies with the design objectives of the Garden Suburban Neighbourhood Character precinct.

There is access to frequent public transport services between 6.00am and 11.00pm daily, seven days a week.

o The site does not have access to public transport that operates between 6.00am and 11.00pm daily, seven days a week.



Clause 52.06 – Car Parking

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

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

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

o The proposal satisfies the car parking provision with 2 car spaces provided for each dwelling with 4 bedrooms. One carparking space has been provided for the two bedroom dwelling. A condition on any permit issued will ensure that the Dwelling 3 dining room is not utilised as a bedroom.

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

Design Standard 1: Accessways – Complies. A condition would also require that the letter boxes have a maximum height of 900mm and that meter boxes are outside the driveway sightline splay area.

Design Standard 2: Car Parking Spaces – Complies.

Design Standard 3: Gradients – Complies.

Design Standard 4: Mechanical Parking – Not applicable.

Design Standard 5: Urban Design – Complies.

Design Standard 6: Safety – Complies.

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


4.4 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 – Generally Complies. Refer to assessment and recommended conditions above at Section 4.2.2.

Residential Policy – Complies.

Dwelling Diversity – Complies.

Infrastructure – Complies. A drainage plan will be a condition on any permit issued.

Integration with the Street – Complies.

Site Layout and Building Massing

Street Setback – Does not comply. A condition on any permit issued would require the front setback to be 9 metres in accordance with the Standard. The front porch dimensions of Dwelling 1 would also be required to comply with the Standard.

Building Height – Complies.

Site Cover/permeability – Complies.

Energy Efficiency – Complies.

Safety – Complies.

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

Access – Complies.

Parking Location – Complies.

Amenity Impacts

Side and rear setbacks – Complies.

Walls on boundaries – Complies.

Daylight to existing windows/north facing windows – Complies.

Overshadowing open space – Complies.


Overlooking – Does not comply. There is overlooking from the ground floor for the three dwellings due to the slope of the land. A condition on any permit issued would require the floor levels to be reduced 600mm each as discussed with the applicant after the PCC meeting.

A condition on any permit issued would require the upper floor habitable room windows of Unit 2 to be screened with external louvers to 1.7 metres above finished floor level.

Internal views – Complies.

Noise – Complies.

On-Site Amenity and Facilities

Accessibility – Complies.

Dwelling Entry– Complies.

Daylight to new windows – Complies.

Private Open Space – Complies.

Solar access – Complies.

Storage – Complies.

Detailed Design

Detailed Design – Complies.

Front fence – Complies.

Common Property – Complies.

Site Services – Complies.


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

· The decision guidelines of Clause 65 of the Knox Planning Scheme and Section 60 of the Planning and Environment Act (1987) have been appropriately considered.


5. CONCLUSION

Clause 10.04 of the Knox Planning Scheme requires Council to balance relative policy objectives when making decisions to ensure resulting development is sustainable and achieves a net community gain. In this context, the development is appropriate given the following:

· The proposed development is generally consistent with the Housing Policy. As discussed above, the site is located within an established residential area with access to urban services.

· The design of the new dwellings is generally consistent with the Neighbourhood Character objectives in that the dwellings are generally setback from all boundaries and allow for additional landscaping opportunities, which will maintain the landscape character of the area.

· The design of the development is responsive to the residential zoning of the land.

· The development is generally compliant with ResCode subject to changes via conditions on any permit issued.

· The development can provide an appropriate balance between the need for additional housing within an established residential area, the amenity of occupants and adjoining residents, and planting of new canopy vegetation.

6. CONFIDENTIALITY


RECOMMENDATION

That Council issue a Notice of Decision to develop the land for two (2) double storey dwellings and one (1) single storey dwelling at 9 Allenby Avenue, Wantirna South, subject to the following conditions:

Amended Plans

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


Recommendation (cont’d)

1.1 The front setback to be a minimum of 9 metres and the porch dimensions to comply with Standard B6.

1.2 The floor heights for the dwellings to be reduced by 600mm.

1.3 The garage to Dwelling 3 to be converted into a carport and relocated off the easement. An annotation on the plans shall note that post holes will be hand dug for the first 500mm within the Tree Protection Zone of the Eucalypt on the adjoining property. If tree roots greater than 50mm are identified then the post shall be relocated. Should it be determined that footings would not impact the health of adjoining vegetation the garage form may be retained

1.4 An annotation stating that the driveway will be constructed above grade within the Tree Protection Zone of vegetation on the adjoining property to the south.

1.5 The crossover to Dwelling 1 to be relocated a minimum 3 metres from the street tree.

1.6 Boundary fences to be replaced with new fences to a height of 2 metres. Side fences are to be reduced to 1 metre in height forward of Dwelling 1.

1.7 Upper floor habitable windows of Unit 2 to be screened with external louvers to a height of 1.7 metres above finished floor level.

1.8 Letter boxes and metre boxes shown on the plans. The letter box shall have a maximum height of 900mm. The metre box shall be located outside the driveway sightline splay area.

1.9 The dining room of Dwelling 3 to be fully open with half walls removed.

1.10 Drainage plans in accordance with Condition 2.

1.11 Landscape plans in accordance with Condition 3.

1.12 A Sustainable Design Assessment in accordance with Condition 10.

To the satisfaction of the Responsible Authority.



Drainage

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

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

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

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

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

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

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


Landscaping

3. Prior to the commencement of any buildings or works, a landscape plan to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plan will be endorsed and will then form part of the permit. The plan must show:

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

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

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



3.4 Details of the surface finishes of pathways and driveways.

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

3.6 A planting schedule of all proposed trees, shrubs and ground covers, including botanical names, common names, pot sizes, sizes at maturity, and quantities of each plant.

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

3.8 The plans must also show the provision of at least 5 additional indigenous or native canopy trees and at least 10 additional large shrubs chosen from Appendix 4 or 5 of Council’s Landscape Guidelines for Planning Permits. These canopy trees must be a minimum two metres tall when planted.


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

5. The landscaping shown on the endorsed plans must be maintained to the satisfaction of the responsible authority. Any dead, diseased or damaged plants are to be replaced.

General

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

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

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

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



Sustainable Design Assessment

10. 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.

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

Car Parking & Accessways

12. Before the dwellings are occupied, driveways and car parking areas must be:

12.1 Fully constructed to the minimum standard of 100mm reinforced concrete and available for use in accordance with the plans submitted to and approved by the Responsible Authority; and

12.2 Formed to such levels and drained so that they can be used in accordance with the approved plan; and

12.3 Treated with an all-weather seal or some other durable surface; and

12.4 Line-marked or provided with some other adequate means of showing the car parking spaces.


13. Parking areas and driveways must be kept available and maintained for these purposes at all times to the satisfaction of the Responsible Authority.

Fencing

14. All costs associated with the provision of the fencing are to be borne by the owner/developer under this permit.

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



Amenity During Construction

16. 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:

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

16.2 Parking of motor vehicles

16.3 Transporting of materials or goods to or from the site

16.4 Hours of operation

16.5 Stockpiling of top soil or fill materials

16.6 Air borne dust emanating from the site

16.7 Noise

16.8 Rubbish and litter

16.9 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.

Stormwater

17. Stormwater runoff from all buildings and hardstanding surfaces shall be properly collected and discharged in a complete and effective system of drains within the property and shall not cause or create a nuisance to abutting properties.

Permit Expiry

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

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

18.2 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.


Recommendation (cont’d) NOTES Drainage Notes (to be read in conjunction with the above drainage conditions): · Applicant shall engage a certified Engineering Consultant to

analyse the site’s existing drainage to determine type and size of the Onsite Detention (OSD) system. This shall be designed in accordance with the Knox City Council (Responsible Authority) Stormwater Drainage Guidelines, (copy available on request), and approved drainage design methods specified in the current edition of Australian Rainfall and Runoff. It should be located preferably in a common area to the dwellings, and be easily accessible for maintenance.

· Applicant is to direct all stormwater to the south east corner of the property. Applicant is to verify this on site. Connect all stormwater discharge from the site to the LPD via an Onsite Detention (OSD) system. The internal drains for the dwellings are to be independent of each other.

· The total Permissible Site Discharge for the property including all dwellings is 5.1 L/s to the existing Council drainage system for a 5 year ARI event.

· The Applicant is required to use Australian Height Datum (AHD) to present levels in all future plans. Applicant must ensure that levels on the plan are accurate.

· Drainage works in the Road reserve or in the Council easement will require a road opening permit.

· Drainage system designed so as to avoid impact on any vegetation shown on the endorsed plans as being retained.

· Water Sensitive Urban Design (WSUD) should be addressed as part of this development, e.g. water storage tanks, swale drains, etc.

· No excavation below existing surface levels is recommended. Other Notes: · Road Opening Permit shall be required for any works within or

affecting the road reserve. · Council encourages the consideration of water storage tanks for all

existing and proposed residential developments. · A building permit must be obtained before development is

commenced.



· Buildings are not allowed to be built over Council easements. · The dwelling/s must achieve a minimum 6-Star Energy Rating. · In accordance with Council policy, an 8.5% public open space

contribution may apply in the event of the subdivision of the land. · Dwelling numbers as shown on the endorsed plans do not

necessarily indicate any future street numbers. Property (street) numbering shall be in accordance with Council’s Property (Street) Numbering Policy. Information regarding this can be obtained from Council’s Property and Revenue Services Department on 9298 8215.

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

· 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.

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

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

COUNCIL RESOLUTION MOVED: CR. GILL SECONDED: CR. LOCKWOOD That Council: Issue a Notice of Refusal to Grant a Planning Permit for two (2) double storey dwellings and one (1) single storey dwelling at 9 Allenby Avenue, Wantirna South, on the following grounds:

1. The proposal fails to satisfy relevant State and Local Planning Policy Framework strategies and objectives. The design outcome is not considered to be respectful of the existing or preferred neighbourhood character, due to the predominately attached built form of the dwellings down the length of the site, and resultant impact on the amenity of adjoining residential properties.


Council Resolution (cont'd)

2. The proposal fails to satisfy relevant Local Planning Policy Framework objectives and strategies, particularly Clause 15.01-1 (Urban Design), Clause 21.04 (Urban Design), Clause 21.05 (Housing) and Clause 22.07 (Neighbourhood Character) of the Knox Planning Scheme.

3. The proposal fails to satisfy the Clause 55 (ResCode) objectives and standards, including Standard B1 (Neighbourhood Character), Standard B2 (Residential Policy), Standard B6 (Street Setback), and Standard B22 (Overlooking).

4. The proposal represents an overdevelopment of the site, including building over an easement and providing insufficient car parking for dwelling 3, which is designed in such a way as to provide three (3) bedrooms.

CARRIED


BAIRD WARD

6.4 APPLICATION TO DEVELOP THE LAND FOR THREE (3) DOUBLE STOREY DWELLINGS AT 22 BROWNING ROAD, BORONIA Melway Ref. 64 G8 (Application No. P/2013/6795)

1. SUMMARY:

Land: 22 Browning Road, Boronia Applicant: Ray Abley Proposed Development: Development of the land for three (3)

double storey dwellings Existing Land Use: Single dwelling Area/Density: 975m2 / 1:325m2 Zoning: Residential 3 Zone Overlays: No Overlays Local Policy: Municipal Strategic Statement (MSS)

Housing Policy Neighbourhood Character Policy

Application Received: 31 October 2013 Number of Objections: 14 PCC Meeting: 18 April 2014 Assessment:

Subject to conditions the development can provide an appropriate balance between the need for additional housing within an established residential area, the amenity of occupants and adjoining residents, and planting of new canopy vegetation.

The proposal generally complies with the Housing Policy, the Neighbourhood Character Policy, and ResCode.

The proposal complies with the Residential 3 Zone.

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

70 COUNCIL – CITY DEVELOPMENT 24 June 2014 6.4 22 Browning Road, Boronia (cont’d)

2. BACKGROUND


Amendment C131 proposes to implement the findings of the Knox Housing Strategy 2013, the Knox Residential Guidelines, the Rowville Plan (2013) and the new residential zones. Amendment C131 has recently completed the public notification process. Amendment C131 is not a ‘seriously entertained proposal’ at this time, and no weight has been given to the Knox Housing Strategy in the assessment of this application.



· The site is irregular in shape, located on the southern side of Browning Road, Boronia and has a total area of 975 square metres. The site contains a single dwelling, setback 12 metres from Browning Road, with access from two points on Faraday Street.

· The surrounding properties are zoned for residential use and have been developed accordingly. Development is a mix of single dwellings on a lot and medium density units.

· The site is vegetated with a mix of native and exotic species.

2.3 The Proposal


It is proposed to remove the existing dwelling and construct three double storey dwellings on the land. Details as follows:

· Each dwelling contains 3 bedrooms, living areas, kitchen, amenities, and is provided with a two car garage with access from Faraday Street, via 3 independent crossovers.

· The proposed buildings have a maximum height of 7.4 metres and are setback 5.9 metres from Browning Road and 3 metres from Faraday Street. The development is setback from all boundaries except for a garage on the southern boundary.

· One large tree is proposed to be retained within the front setback. Remaining vegetation is proposed to be removed.


3. CONSULTATION

3.1 Advertising

The application was advertised by way of a sign on the site frontages and notices were sent to adjoining property owners and occupiers. Council received 14 objections to the application that can be summarised as follows:

Two storey bulk is not appropriate.

· Two storey development is a normal part of the suburban residential fabric. The upper floor footprints are generally smaller than the ground floor footprints, providing some articulation and better integrating with surrounding development.

Overdevelopment

· Although there are some ResCode non-compliance issues, it is considered that these could be rectified with conditions on any permit to issue. Three units on a corner allotment of this size are not considered to be an overdevelopment of the site subject to ResCode compliance.

Traffic and parking issues

· No issues have been raised by Council’s Traffic Department in regard to local traffic and parking. The proposed development satisfies the car parking requirements of Clause 52.06.

Vegetation removal and landscaping

· Council’s Arborist has inspected the site and noted that there is no significant vegetation on the site. A permit is not required to remove vegetation.

Overlooking

· A condition on any permit issued would require appropriate screening of upper floor windows to ensure that there are no unreasonable views into adjoining properties.


Overshadowing

· The proposed Dwelling 3 would cast a partial shadow to the south. The shadow would be within the allowable limits specified in the overshadowing standard in ResCode. Moving the upper floor of Dwelling 3 forward (east) would reduce shadowing of the deck area on the adjoining property to the south.

Impacts on Infrastructure

· A suitable drainage design would be required as a condition on any permit issued.


A Planning Consultative Committee (PCC) Meeting was held at the Civic Centre on 18 April 2014. Two (2) people signed the attendance sheet at the meeting.

No outcomes were agreed upon.

3.3 Referrals

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

Traffic Engineer


· The driveways and crossovers need to be modified so that vehicles can reverse and turn without driving on the lawn areas.

Drainage Engineer


Assets

· No objection.

Arborist

· No objections. The Pittospurom in the frontage to be removed.


4. DISCUSSION


4.1.1 Zone

The site is located within the Residential 3 Zone. Within the Residential 3 Zone (R3Z) a Planning Permit is required to construct more than one dwelling on a lot. The Schedule to the Residential 3 Zone requires open space areas to be a minimum 60m2 with 40m2 of secluded private open space with a minimum width of 5 metres.

· Private open space dimensions comply with the schedule.

· No front fence is proposed.

4.1.2 Overlays

No overlays apply to the land.




Key Policies:


· The design of the development will make a positive contribution to the streetscape, with built form considered to be appropriate in form and scale. The dwellings have been designed to be energy efficient and are well orientated given the orientation of the lot. Upper floors are setback from the ground floor to reduce the bulk of the upper floors and better integrate into surrounding development.


· Further, each dwelling incorporates important neighbourhood character features such as pitched and hipped roof forms, brick and render finishes, and eaves. The front setback is consistent with the surrounding streetscape and allows for canopy tree planting, therefore development is not expected to dominate the street.

Clause 15.02 Sustainable Development – Encourage land use and development that 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 within an existing residential area within reasonable distance to urban services and transport. Dwellings are generally orientated appropriately and incorporate eaves over north and west facing windows. Further, should a permit be issued, the development is required to be constructed in accordance with an approved Sustainable Design Assessment.

Clause 16 Housing – Encourage the development of well-designed medium-density housing that respects the neighbourhood character; improves housing choice; makes better use of existing infrastructure; and, improves energy efficiency of housing.

· Neighbourhood character - This is discussed in a later section of the report (Section 4.2.2).

· Housing choice – The provision of dwellings on smaller lots is considered to increase housing choice. The development does not provide a mix of bedroom numbers but provides dwellings on smaller and more easily maintain lots.

· Integration with infrastructure – As detailed in Section 3.3 above, the development is considered to be satisfactorily integrated into the existing road network. Drainage plans will be required as a condition of any permit issued.

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

· Location – The site is not located within an Activity Centre, however the location of the development is considered appropriate as the site is within an established residential area, where multi unit developments can be considered, and the development proposes two additional dwellings only.


Clause 18 Transport – To create a safe and sustainable transport system by integrating land use and transport.

· The site is located 420 metres from the bus stop on Scoresby Road, and 560 metres from the bus stop on Boronia Road, that are serviced by Bus Routes No. 737, 745B, and 753.

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

· Route No.745B operates between Bayswater and Wantirna, travelling along Boronia Road once per day, Monday to Friday, at approximately 2:55pm.

· Route No. 753 provides direct access between the Glen Waverley and Bayswater activity centres, and operates between 5:42am and 9:14pm Monday to Friday at various times; between 7:50am and 9:30pm on Saturdays at various times and; between 8:54am and 9pm on Sundays at various times.


Clause 21.05-2 Municipal Strategic Statement (MSS) The MSS seeks to reduce the prevalence of infill and medium density housing development in dispersed locations as a major form of housing development by promoting activity centres, key redevelopment strategic sites, and the Principal Public Transport Network as the preferred location. It also seeks to encourage diversity of housing types, styles, form and sizes to cater for the changing needs of the community, noting that the majority of housing stock in Knox is comprised of 3 and 4 bedroom dwellings. The lack of housing stock diversity is likely to become more apparent as the housing needs of the community change over time.

o The site is not located in an Activity Centre or key redevelopment site.

o The proposed development provides for a range of lot sizes, but does not contribute to the diversity of housing in Knox within the context of the changing household types described in the MSS. A condition on any permit issued would require one of the dwellings to be changed to a 2 bedroom dwelling.



o While the land is not in an Activity Centre, the proposal, respects the preferred neighbourhood character and is consistent with the requirements of the MSS.

o An assessment against Council’s preferred Neighbourhood Character Policy (Clause 22.07) is below. Unit development is common within the surrounding area. The site is approximately 650 metres walking distance from the neighbourhood activity centre on the corner of Scoresby and Boronia Road.

o As highlighted above, the site is located in an established urban area reasonably close to urban services.

Clause 22.07 Neighbourhood Character: Garden Court 1

The desired future character of this area is for low scale dwellings set within an open landscape with occasional large native trees and in some precincts large stands of native and exotic trees.

The key design objectives are:

To retain the remnant indigenous and other native trees and encourage the new planting of large native trees.

o No significant native vegetation is located on site. The tree proposed to be retained within the front setback is a weed species and should be replaced.

To maintain the rhythm and spacing between dwellings.

o The proposed dwellings maintain appropriate spacing and allow for vegetation to be planted within the development, and a canopy tree within each of the private open space areas.


o The proposed setback of Dwelling 1 is consistent with many of the setbacks along Browning Road. Landscaping with the setback will soften the development and the articulated upper floor will help to reduce the bulk of the dwelling.



o No car facilities are located within the front setback. There is adequate room to landscape the front setback with trees and shrubs.

To maintain the openness of front boundary treatments.

o No front fence is proposed.

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

In response to this forecast, the Housing Policy directs the provision of a diversity of housing types and forms; housing that meets the needs of all groups within the community; accessible housing that is well designed and responsive to the local character and environment; and housing that recognises that the environment and landscape significance of the Dandenong Foothills outweighs the need for urban consolidation in the Foothills.

Before deciding on an application, the responsible authority will consider, as appropriate, whether:


o The proposed development proposes 3 bedroom dwellings that provide for a range of smaller and easily maintained land sizes. A condition on any permit issued will require that one of the dwellings be changed to have two bedrooms, providing for a diversity in housing type.


o The site is located within an established residential area with access to urban services. As discussed above, the proposed development complies with the design objectives of the Garden Suburban Neighbourhood Character precinct.

There is access to frequent public transport services between 6.00am and 11.00pm daily, seven days a week.

o The site does not have access to public transport that operates between 6.00am and 11.00pm daily, seven days a week.



Clause 52.06 – Car Parking

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


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

o The proposal satisfies the car parking provision with 2 car spaces provided for each dwelling with 3 bedrooms.


Design Standard 1: Accessways – Does not comply. A condition on any permit issued would require that the driveways and crossovers be redesigned to allow convenient ingress and egress from the garages to all dwellings.

Design Standard 2: Car Parking Spaces – Complies.


Design Standard 4: Mechanical Parking – Not applicable.



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



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 – Generally Complies. Refer to assessment and recommended conditions above at Section 4.2.2.

Residential Policy – Complies.


Infrastructure – Complies. A drainage plan will be a condition on any permit issued.

Integration with the Street – Complies.


Street Setback – Does not comply. However, Browning Road generally has smaller front setbacks than that of the adjoining property to the west and as such will not impact upon the rhythm of setbacks along Browning Road. The proposed setback is not considered to be out of character with the surrounding streetscape. As no car parking facilities face Browning Road, there is considerable room to provide landscaping within the front setback.


Site Cover/permeability – Complies.

Energy Efficiency – Complies.

Safety – Complies.

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

Access – The location of the crossover to Unit 2 is not acceptable as the proposed driveway angles are not workable, a condition would be included on any permit issued to relocate the crossovers to provide for more convenient access. A shared crossover on the northern side of the power pole would allow for more convenient access to Units 1 and 1.

Parking Location – Complies.


Amenity Impacts


Walls on boundaries – Complies.


Overshadowing open space – Complies.

Overlooking – Does not comply. A condition on any permit issued would require external louvers to be provided to west facing upper floor habitable room windows of Dwellings 2 and 3.

Internal views – Generally complies. A condition on any permit issued would require that the north facing Bed 3 window of Dwelling 2 be a highlight window.

Noise – Complies.



Dwelling Entry– Complies.


Private Open Space – Complies.

Solar access – Complies.


Detailed Design

Detailed Design – Complies.



Site Services – Complies.





5. CONCLUSION

Clause 10.04 of the Knox Planning Scheme requires Council to balance relative policy objectives when making decisions to ensure resulting development is sustainable and achieves a net community gain. In this context, the development is appropriate given the following:

· The proposed development is generally consistent with the Housing Policy. As discussed above, the site is located within an established residential area with access to urban services.

· The design of the new dwellings is generally consistent with the Neighbourhood Character objectives in that the dwellings are generally setback from all boundaries and allow for additional landscaping opportunities, which will maintain the landscape character of the area.

· The design of the development is responsive to the residential zoning of the land.

· The development is generally compliant with ResCode subject to changes that could be conditioned on any permit issued.

· The development can provide an appropriate balance between the need for additional housing within an established residential area, the amenity of occupants and adjoining residents, and planting of new canopy vegetation.

6. CONFIDENTIALITY



RECOMMENDATION

That Council issue a Notice of Decision to develop the land for Three (3) double storey dwellings at 22 Browning Road, Boronia, subject to the following conditions:

Amended Plans

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

1.1 The upper floor of Unit 3 to be shifted forward towards the street as far as possible without creating a shear wall. Alternatively Bedroom 2 can be removed to comply with Condition 1.7

1.2 The crossovers for Units 1 and 2 to be located on the northern side of the power pole. The driveway is to be designed so that all vehicles can enter and exit the site conveniently. This may require the relocation of the Power Pole stay.

1.3 The existing crossover in front of Unit 3 relocated to the south to allow more direct and convenient access to the garage.

1.4 West facing upper floor habitable windows of Unit 2 and 3 to be screened with external louvers to a height of 1.7 metres above finished floor level.

1.5 A new western boundary fence to be to a height of 2 metres.

1.6 The north facing Bed 3 window of Dwelling 2 to be a highlight window with sill height of 1.7 metres.

1.7 One dwelling to be changed to have a maximum of two (2) bedrooms.

1.8 The Pittosporum undulatum on the front boundary shown to be removed.

1.9 Drainage plans in accordance with Condition 2.



1.10 Landscape plans in accordance with Condition 3.

1.11 A Sustainable Design Assessment in accordance with Condition 10.


Drainage

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

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

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

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

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

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

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

to the satisfaction of the Responsible Authority.

Landscaping

3. Prior to the commencement of any buildings or works, a landscape plan to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plan will be endorsed and will then form part of the permit. The plan must show:

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



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

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

3.4 Details of the surface finishes of pathways and driveways.

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

3.6 A planting schedule of all proposed trees, shrubs and ground covers, including botanical names, common names, pot sizes, sizes at maturity, and quantities of each plant.

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

3.8 The plans must also show the provision of at least 6 additional indigenous or native canopy trees and at least 10 additional large shrubs chosen from Appendix 4 or 5 of Council’s Landscape Guidelines for Planning Permits. These canopy trees must be a minimum two metres tall when planted.

to the satisfaction of the Responsible Authority.

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

5. The landscaping shown on the endorsed plans must be maintained to the satisfaction of the responsible authority. Any dead, diseased or damaged plants are to be replaced.

General

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

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

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



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

Sustainable Design Assessment

10. 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.

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

Car Parking & Accessways

12. Before the dwellings are occupied, driveways and car parking areas must be:

12.1 Fully constructed to the minimum standard of 100mm reinforced concrete and available for use in accordance with the plans submitted to and approved by the Responsible Authority; and

12.2 Formed to such levels and drained so that they can be used in accordance with the approved plan; and

12.3 Treated with an all-weather seal or some other durable surface; and

12.4 Line-marked or provided with some other adequate means of showing the car parking spaces.


13. Parking areas and driveways must be kept available and maintained for these purposes at all times to the satisfaction of the Responsible Authority.



Fencing

14. All costs associated with the provision of the fencing are to be borne by the owner/developer under this permit.

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

Amenity During Construction

16. 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:

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

16.2 Parking of motor vehicles

16.3 Transporting of materials or goods to or from the site

16.4 Hours of operation

16.5 Stockpiling of top soil or fill materials

16.6 Air borne dust emanating from the site

16.7 Noise

16.8 Rubbish and litter

16.9 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.

Stormwater

17. Stormwater runoff from all buildings and hardstanding surfaces shall be properly collected and discharged in a complete and effective system of drains within the property and shall not cause or create a nuisance to abutting properties.

Permit Expiry

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



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

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

The Responsible Authority may extend the periods referred to if a request is made in writing before the permit expires or within three months afterwards. NOTES Drainage Notes (to be read in conjunction with the above drainage conditions):

· Applicant shall engage a certified Engineering Consultant to analyse the site’s existing drainage to determine type and size of the Onsite Detention (OSD) system. This shall be designed in accordance with the Knox City Council (Responsible Authority) Stormwater Drainage Guidelines, (copy available on request), and approved drainage design methods specified in the current edition of Australian Rainfall and Runoff. It should be located preferably in a common area to the dwellings, and be easily accessible for maintenance.

· Applicant is to direct all stormwater to the south east corner of the property. Applicant is to verify this on site. Connect all stormwater discharge from the site to the LPD via an Onsite Detention (OSD) system. The internal drains for the dwellings are to be independent of each other.

· The total Permissible Site Discharge for the property including all dwellings is 5.1 L/s to the existing Council drainage system for a 5 year ARI event.

· The Applicant is required to use Australian Height Datum (AHD) to present levels in all future plans. Applicant must ensure that levels on the plan are accurate.

· Drainage works in the Road reserve or in the Council easement will require a road opening permit.

· Drainage system designed so as to avoid impact on any vegetation shown on the endorsed plans as being retained.

· Water Sensitive Urban Design (WSUD) should be addressed as part of this development, e.g. water storage tanks, swale drains, etc.



· No excavation below existing surface levels is recommended.

Other Notes: · Road Opening Permit shall be required for any works within or

affecting the road reserve. · Council encourages the consideration of water storage tanks for all

existing and proposed residential developments.

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

· Buildings are not allowed to be built over Council easements.

· The dwelling/s must achieve a minimum 6-Star Energy Rating.

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

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

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

· 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.

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

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

COUNCIL RESOLUTION MOVED: CR. LOCKWOOD SECONDED: CR. COSSARI That the recommendation be adopted. LOST ON THE CASTING VOTE OF THE CHAIRPERSON


MOVED: CR. GILL SECONDED: CR. ORPEN That Council:

Issue a Notice of Refusal to Grant a Planning Permit for Three (3) double storey dwellings at 22 Browning Road, Boronia on the following grounds:

1. The proposal fails to satisfy relevant State and Local Planning Policy Framework strategies and objectives. The design outcome is not considered to be respectful of the existing or preferred neighbourhood character, due to the predominately attached built form of the dwellings down the length of the site, and resultant impact on the amenity of adjoining residential properties.

2. The proposal fails to satisfy relevant Local Planning Policy Framework objectives and strategies, particularly Clause 15.01-1 (Urban Design), Clause 21.04 (Urban Design), Clause 21.05 (Housing) and Clause 22.07 (Neighbourhood Character) of the Knox Planning Scheme.

3. The proposal fails to satisfy the Clause 55 (ResCode) objectives and standards, including Standard B1 (Neighbourhood Character), Standard B2 (Residential Policy), Standard B6 (Street Setback), and Standard B22 (Overlooking).

4. The proposal fails to satisfy Design Standard 1 of Clause 52.06-8 (Accessways).

5. The proposal represents an overdevelopment of the site. CARRIED


BAIRD WARD

6.5 APPLICATION TO CONSTRUCT A THREE STOREY APARTMENT BUILDING CONTAINING 17 DWELLINGS AND ALTERATION OF ACCESS TO A CATEGORTY 1 ROAD AT 301 DORSET ROAD, BORONIA, Melway Ref. 64 K7 (Application No. P2013/6651)

1. SUMMARY:

Land: 301 Dorset Road, Boronia Applicant: JAG Building Design & Consultants Proposed Development: The construction of a three storey

apartment building containing 17 dwellings and alteration of access to a Category 1 Road

Existing Land Use: Single Dwelling Area/Density: 2018.4m2 / 1:118.7m2 Zoning: Residential 3 Zone Overlays: Public Acquisition Overlay

(Schedule 1) Local Policy: Municipal Strategic Statement (MSS)

Neighbourhood Character Policy Housing Policy

Application Received: 13 September 2013 Number of Objections: Twenty (20) PCC Meeting: 15 April 2014 Assessment:

The proposal demonstrates inconsistencies with Council’s Municipal Strategic Statement, Neighbourhood Character Policy and Housing Policy.

It is considered that the proposal is inconsistent with the purpose of the Residential 3 Zone.

On balance it is considered that the proposal does not respond well to Local Planning Policies and it is recommended that Council issue a Notice of Refusal to grant a Planning Permit.

2. BACKGROUND


Amendment C131 proposes to implement the findings of the Knox Housing Strategy 2013, the Knox Residential Guidelines, the Rowville Plan (2013) and the new residential zones. Amendment C131 has recently completed the public notification process. Amendment C131 is not a ‘seriously entertained document’ at this time, and no weight has been given to the Knox Housing Strategy in the assessment of this application.

96 COUNCIL – CITY DEVELOPMENT 24 June 2014 6.5 301 Dorset Road, Boronia (cont’d)



· The subject site is rectangular in shape and located on the western side of Dorset Road, with Short Street to the south. The site has a frontage to Dorset Road of 37.18 metres and 47.24 metres to Short Street, with an overall area of 2018.4m2. A 1.8 metre wide drainage easement runs along the west boundary. The site currently accommodates a single storey weatherboard dwelling utilised for residential purposes.

· Adjoining properties lie within the Residential 3 Zone and are used for residential purposes. There is evidence of multi-dwelling development within the surrounding area.

· The site is heavily vegetated in parts, including 22 trees with heights ranging from 6-24 metres.

· There is a 10 metre wide Public Acquisition Overlay along the Dorset Road frontage of the site, to provide for possible widening of Dorset Road.

2.3 The Proposal


The application proposes to construct a three storey apartment building containing fourteen two (2) bedroom and three one (1) bedroom dwellings. Details are as follows:

· Vehicle access to the site is via a proposed crossover on Short Street near the south-west corner of the site. An associated access way and open grill door will provide access to the building via the lower level car park (activated via a card key).

· A total of 20 car parking spaces, including three visitor spaces, will be provided on site.

· The apartment building will have the following setbacks: 19.1 metres from Dorset Road (due to the Public Acquisition Overlay), 4.0 metres from Short Street, 7.5 metres from the west boundary and 3.2 metres from the north boundary.

· The building will have a maximum height of 9.2 metres (to the top of the parapet) above the ground level and all dwellings are provided with a terrace or balcony.


· Colours and finishes include render and cladding in grey and earthy tones.

· A number of trees located within the setback from Dorset Road are to be retained. All other trees outside this area are to be removed.

3. CONSULTATION

3.1 Advertising

The application was advertised by mail to surrounding owners and occupiers and signs were displayed on each site frontage for a period of 14 days. Twenty (20) written responses were received in response to the application and are summarised below:

Car parking provisions onsite

· The ratio of car parking spaces complies with Clause 52.06 (car parking) of the Knox Planning Scheme. The 17 one and two bedroom dwellings have been provided with a single car parking space in the lower ground floor. There are three visitor car parking spaces also within the lower ground floor.

On-street car parking, traffic congestion and hazardous pedestrian conditions

· Both VicRoads and Councils’ Traffic Engineer’s have assessed the proposal and have not raised any concerns regarding the proposed development causing an unreasonable increase in congestion or traffic flows within the local street network. Further, the development is not considered to impose any safety issues within the local street as a result of the location of the crossover as all vehicles will be able to exit the site in a forward direction. Adequate sightlines have also been provided.

Emergency service access

· It is considered that adequate access is provided for emergency services.

Inconsistencies with planning policies

· The site is located 100 metres north of the Boronia Major Activity Centre and as such the proposed three storey apartment building is inconsistent with Local Planning Policy and the Residential 3 Zone.


Inconsistencies with neighbourhood character and existing streetscape

· The proposal is not respectful of both the existing or preferred neighbourhood character which seeks low scale dwellings set amongst open landscaping, maintaining the continuity of spacing between dwellings while minimising the dominance of buildings.

Density and height

· The proposal would result in 46.6 per cent site cover which is below the maximum site coverage of 60 per cent stipulated by Standard B8 of ResCode (Site coverage objective).

· The proposal results in a maximum building height of 9.2 metres, with an average height of 8 metres which is consistent with Standard B7 of ResCode (Building height objective). While double storey dwellings form common elements within residential areas the proposed three storey apartment building would result in an unreasonable impact on the neighbourhood character.

Loss of privacy, including overlooking and overshadowing

· Screening has been applied in accordance with Standard B22 of ResCode (overlooking objective) to a minimum height of 1.7 metres from finished floor level.

· Overshadowing to adjoining properties complies with Standard B21 of ResCode (overshadowing of private open space objective). The properties to the north and west will receive the amount and area of sunlight required to meet the Standard.

Increased noise

· The proposed development would not be expected to emit noise above that of typical residential development or normal residential background noise.

Construction noise/pollution

· Noise emissions during construction are a normal part of the construction process and are subject to controls outside of planning considerations. A condition relating to amenity impacts during construction would form part of any permit to issue.

Lack of sustainable design/energy efficiency

· Council’s Sustainable Design Referrals Officer has assessed the Sustainable Design Statement submitted and is satisfied it meets Council’s sustainability requirements.


Vegetation removal and impacts upon local environment and resident possums

· Council’s Arborist has identified several trees worthy of retention that have not been shown as being retained. Several other healthy native trees to be retained will not be affected by the location of the proposed apartment building. Weed species and trees of poor health should be removed.

· It is considered that additional planting of indigenous / native canopy trees and shrubs required as a condition to any permit to issue would contribute to an appropriate environment for native fauna.

Lack of proposed landscaping

· A condition on any permit to issue would require a detailed landscape plan. Due to the Public Acquisition Overlay affecting the site a 10 metre buffer plus the standard minimum 9 metre setback along the Dorset Road frontage allows considerable landscaping and canopy tree opportunities.

Waste collection and location of bins

· A waste management plan was submitted as part of the application and Council’s Waste Management Officer having assessed the proposal has advised that additional services and requirements would need to be met to satisfy Council’s Waste Department.

Visual amenity and services noise impacts

· Concerns relating to residents placing clothing on balconies are not matters for planning consideration and would usually be dealt with through body corporate arrangements.

· Air-conditioning is considered to be a service normal to a dwelling, the location and noise impacts of any potential air-conditioning units are not considered to cause any adverse amenity impacts to residents.

Alteration to wind patterns

· Wind patterns are not a part of a planning assessment.

Building entry and access from Short Street

· Location of the main building entry from Short Street is considered to be in compliance with Standard B26 of ResCode (dwelling entry) as it is more visible and easily identifiable than creating an entry from Dorset Road when considering the proposed setbacks.


Decrease in property value/attracting low income earners

· Property values are not a relevant planning consideration.

· The type of people who may purchase a dwelling is not a matter for planning consideration.

Closure of Short Street to Dorset Road

· This matter has since been clarified. The proposal does not seek to close access from Short Street to Dorset Road.


A Planning Consultative Committee (PCC) Meeting was held at the Civic Centre on 15 April 2014. Fifteen (15) people signed the attendance sheet at the meeting and expressed the following concerns with the proposal:

· On-street car parking impacts · Building height · Inconsistent with neighbourhood character · Overlooking · Vegetation removal · Noise impacts · Waste management · Sustainability/energy efficiency · Amenity impacts during construction · Increase to traffic congestion · Low income residents · Emergency access · Pedestrian safety No outcomes were agreed upon, however a number of those in attendance noted that their concerns could be addressed by providing a landscape plan, address overlooking and higher side fencing.

3.3 Referrals

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

VicRoads

· No objection subject to conditions.


· VicRoads notes that the existing crossover to the site from Dorset Road will become redundant and would require the removal of the access and reinstatement to kerb and channel and nature strip.

· VicRoads also note that there is a 10 metre wide Public Acquisition Overlay for possible widening of Dorset Road.

Traffic Engineer

· The proposed car parking provision of 17 resident spaces and 3 shared visitor spaces are satisfactory.

· There are concerns regarding the visibility of approaching drivers at the bottom of the ramp entering the lower ground floor and turning areas within the car park.

· Standard conditions to be placed on any permit issued.

Drainage Engineer

· Water Sensitive Urban Design (WSUD) principles are required to be considered for this development.


Arborist

· There are no overlays on the property that trigger a permit for the removal and pruning of trees. The property is well vegetated and the three trees that have high ornamental value are the Quercus robur, Fraxinus excelsior ‘Aurea’ and Lophostemon confertus. However, these three trees will not be retained due to the location of the proposed development.

· Several trees shown to be retained on the plans should not be retained because they have very poor structure, health and condition, or all of these (mostly Cupressus glabra, Liquidambar and Grevillea robusta). It is important that all the environmental weed species are removed.

· The retention of the Melaleuca styphelioides, Melaleuca linariifolia and Eucalyptus maidenii is possible and the development does not impact significantly on these. (It is noted the development encroaches on less than 10% of the Eucalyptus maidenii’s TPZ area. This is permissible under the Australian Standard®.).

· Neighbour’s vegetation is not affected by the proposed development.


Waste Services

· The proposed Waste Management Plan (WMP) is inconsistent with Council’s approach to Multi-Unit Developments, and on this basis it is recommended that a private service provider be utilised in this instance.

· Adequate consideration and information has not been given to waste storage and collections on site. Provisions for all waste, including hard and green waste to be collected from within the site and not placed or left on Council land at any time must be specifically addressed in the WMP, including storage, management and collection aspects.

City Futures

· Object to the issuing of a planning permit.

· The directions of Clause 22.10 should be balanced with Clause 22.07 (neighbourhood character policy), which places this site within the Garden Suburban 4 precinct. Furthermore, the site is located 100 metres north of the boundary of the Boronia Major Activity Centre.

· It is considered that approval of this application would undermine the function of the activity centre as a focus for apartment and multi-storey development, as sought by Council’s Municipal Strategic Statement (Clause 21.05).

Asset Protection

· The crossover from Short Street is to be constructed to Council standards, and may require joining with neighbouring crossover due to proximity.

· The existing cross over from Dorset Road made redundant will require kerb and channel and nature strip to be reinstated. Traffic management approved by VicRoads will be required for these works.

Building Services

· No concerns.

Sustainable Design Officer

· No issues. The Sustainable Design Statement satisfies Council’s sustainability requirements.


4. DISCUSSION




4.1.1 Zone

The site is located within the Residential 3 Zone. Within the Residential 3 Zone a planning permit is required to construct two or more dwellings on a lot.

The Schedule to the Residential 3 Zone varies ResCode Standards B28 and B32, pertaining to private open space and front fences. To comply with the varied ResCode Standard B28, private open space should consist of an area of 60m² with one part of the private open space to consist of secluded private open space at the side or rear of the dwelling with minimum area of 40m² and minimum dimension of 5 metres. The varied ResCode Standard B32 specifies that a front fence should not exceed 1.2 metres in a residential street and 2 metres adjoining a Road Zone Category 1.

· Dwellings 2-8 and 10-17 are provided with a minimum of 8m2 of private open space with a minimum dimension of 1.6 metres located within a balcony accessed from the living area. The total private open space of Dwellings 1 and 9 are at ground level with areas of 23.7m2 and 22m2 respectively with minimum dimension of 3 metres, which does not comply with the variation to Standard B28 of ResCode.

· The proposal satisfies the fencing height requirement of the Schedule to the zone as the front fencing along Dorset Road does not exceed 1.5 metres while the front fencing along Short Street does not exceed 1.2 metres.


4.1.2 Overlay

Public Acquisition Overlay (Schedule 1)

The site is partially affected by the Public Acquisition Overlay Schedule 1 (PAO1) the purpose of which is to reserve land for a public purpose and to ensure that changes to the use or development of the land do not prejudice the purpose for which the land is to be acquired. The acquiring authority for PAO1 is the Roads Corporation – VicRoads for the purpose of roads. In this instance, the first 10 metres of the Dorset Road frontage is set aside to be acquired for any future expansion to Dorset Road.

A planning permit is required to construct a building, and any application must be referred under Section 55 of the Act to the acquiring authority for the land.

· The proposed development accommodates for the PAO1 by setting back the apartment building 19 metres from Dorset Road. VicRoads does not object to the proposed development, subject to conditions.




Key Policies:


· It is considered that the proposed design of the three storey apartment building does not achieve quality urban design that contributes positively to the streetscape. The built form is considered to be inappropriate in scale and is not respectful of the Neighbourhood Character Policy due to the visual dominance and minimal landscaping opportunities. This is discussed in further detail in the Neighbourhood Character assessment under Section 4.2.2 of this report.


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 within an existing residential area with reasonable access to existing urban services and transport. The proposed development is considered to be energy efficient as the Sustainable Design Statement submitted satisfies Council’s sustainability requirements.

Clause 16 Housing – Encourage the development of well-designed medium-density housing that respects the neighbourhood character; improves housing choice; makes better use of existing infrastructure; and, improves energy efficiency of housing. Locate new housing in or close to activity centres and employment corridors and at other strategic development sites that offer good access to services and transport.

· Neighbourhood character – It is considered that the proposal does not respect the existing or preferred character. This is discussed in a later section of the report (Section 4.2.2).

· Housing choice – The provision of dwellings with one (1) and two (2) bedrooms is considered to increase housing choice.

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

· Energy efficiency – The Sustainable Design Statement submitted has been assessed and satisfies Council’s sustainability requirements.

· Location – The site is located within an established residential area within reasonable proximity to urban services however the site is more than 100 metres north of the Boronia Major Activity Centre outside an area where increased densities are anticipated.

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

· Bus route 737 travels along Dorset Road with bus stops located 175 metres north from the subject site.

· The site is located 540 metres walking distance from Boronia Train Station and bus interchange which is serviced by Bus Routes No. 690, 691, 737, 745B, 753, and 755.


· Boronia Station is part of the Belgrave train line which travels directly through the eastern suburbs to Melbourne’s CBD and operates Monday to Saturday, 4.30am to 12.30am and Sunday 7.00am to 12.30am at various intervals.

· Route No. 690 from Croydon to Boronia Station via Kilsyth operates from 6.30am to 9.30pm Monday to Friday, Saturday from 7.40am to 9.30pm, and Sunday from 9.30am to 9.20pm at various intervals.

· Route No. 691 operates between Waverley Gardens and Boronia between 6.40am and 10.00pm Monday to Friday, between 8.00am and 8.00pm Saturdays and between 9.40am and 7.45pm Sundays at various intervals.

· Route No. 737 from Croydon to Glen Waverley via Knox City and Monash University operates from 6.0am to 9.50pm Monday to Friday, Saturday from 6.10am to 9.55pm, and from 8.15am to 9.50pm on Sunday at various intervals.

· Route No. 745B from Bayswater to Boronia operates one service at 2.55pm Monday to Friday.

· Route No. 753 provides direct access between Glen Waverley and Bayswater operating between 6.10am and 9.00pm Monday to Friday, between 7.40am and 8.40pm on Saturdays, and between 9.30am and 8.40pm on Sundays at various intervals.

· Route No. 755 from Bayswater to Knox City via The Basin, Boronia, Ferntree Gully operates between 7.05am and 7.10pm Monday to Friday, between 8.35am and 8.40pm Saturdays, and between 9.40am and 8.40pm on Sundays at various intervals.


Clause 21.05-2 Municipal Strategic Statement (MSS) The MSS aims to direct apartment style development to Major Activity Centres and key redevelopment strategic sites. It seeks to encourage medium density development on sites with direct access to the Principal Public Transport Network where it provides frequent and reliable public transport. It also seeks to encourage diversity of housing types, styles, form and sizes to cater for the changing needs of the community.


· The site is not located in a Major Activity Centre or key redevelopment site. Medium density development is encouraged along Dorset Road where access to the Principal Public Transport Network exists. The proposal does seek to provide a level of diversity in housing types, however the style and form is not considered appropriate for the local area.


· Policies seeking urban consolidation should not outweigh the clear policy direction for a proposal to provide a positive contribution to and respect the existing character of the local area.

· An assessment against Council’s preferred Neighbourhood Character Policy (Clause 22.07) is below. The proposal is not considered to be respectful of the preferred character of the area as set out in the Neighbourhood Character Study. The continuous built form of the three storey apartment building with minimal separation will be detrimental to the preferred character of the area.

Clause 22.07 - Neighbourhood Character: Garden Suburban 4 The desired future character of this area is for low scale dwellings set within an open landscape with occasional large native trees and in some precincts large stands of native and exotic trees.

The response to the key design objectives are:

To retain the tall trees.

· The proposed location of the three storey apartment building would necessitate the removal of three canopy trees that have been identified by Council’s Arborist as having high ornamental value (Quercus robur, Fraxinus excelsior ‘Aurea’ and Lophostemon confetus). The proposal allows the retention of a Eucalyptus maidenii and two Melaleuca. Other trees shown on plans for retention should be removed due to poor structure, condition and health.

To maintain the continuity of garden character between dwellings.

· It is considered that the proposal will not maintain the continuity of garden character between buildings as there are minimal opportunities for meaningful landscaping along the west and south boundaries.


· The bulkiness of the three storey apartment building will be visually intrusive from the surrounding area, particularly to the west.


· The proposed building addresses Short Street with a setback of 4 metres, while private open space terraces and balconies protrude a further 2 metres into this setback. Fencing to the ground level private open space areas for Dwelling’s 1 and 9 is setback 800mm from the street front. The overall height of the apartment building when viewed from Short Street averages 6 metres while the upper floor has not been setback from the façade. The proposed apartment building is considered to be visually dominant given the building footprint and continuous built form, particularly along the Short Street façade.


· The car parking facilities are located in the lower ground floor, including visitor car parking spaces, and will not be visible from the street frontage.

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 encourages sustainable urban growth by directing housing to preferred locations and seeks to direct infill medium density housing in dispersed residential locations which respects and complements the desired future residential character objectives of Clause 22.07 Neighbourhood Character Policy.

The responsible authority must consider whether:

Where an approved structure plan or urban design framework exists for an activity centre, then the location and design of high and medium density housing be guided by the plan or framework.

· The site is not located within an activity centre. There is no urban design framework or structure plan for this site.


· The proposed development would contribute to a diversity of housing in Knox through the addition of smaller dwellings.



· It is considered that the proposal is inconsistent with the strategies and objectives of the Neighbourhood Character Policy and the proposal is considered to be a poor design response for the site. The continuous built form and relatively sheer façade is not consistent with the strategic intent of the policy. The proposed development does not reflect the existing or preferred environmental and physical form of the surrounding neighbourhood.

There is access to frequent public transport services between 6.00 am and 11.00pm daily, seven days a week.

· The site is not located to take advantage of frequent public transport services between 6.00am and 11.00pm daily, seven days a week.

The proposed development makes a positive contribution to the desired future neighbourhood character as identified at Clause 22.07 Neighbourhood Character policy or an approved structure plan or urban design framework.

· See assessment against Clause 22.07 (Neighbourhood Character) above. It is considered that the proposal will not make a positive contribution to the desired future neighbourhood character as outlined because of the continuous built form and lack of sufficient space for landscaping.


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


· The proposal satisfies the car parking provision for each dwelling, with one (1) space for each of the one and two bedroom dwellings. Three (3) visitor parking spaces satisfy the requirement for visitor parking.



Design Standard 1: Accessways – Complies. Council’s Traffic Engineer does have concerns regarding the visibility of approaching drivers at the bottom of the ramp entering the lower ground floor and turning areas within the car park.

Design Standard 2: Car Parking Spaces – Does not comply. The location of proposed columns adjacent to car parking spaces and a minimum 300mm clearance from other vertical obstructions have not been provided in accordance with Diagram 1 clearance to car parking spaces.


Design Standard 4: Mechanical Parking – N/A.



Design Standard 7: Landscaping – N/A.



Neighbourhood Character – Does not comply.

The proposal is considered to be a poor design response to the neighbourhood character requirements of the relevant policies contained within the Knox Planning Scheme. The proposed apartment style building would result in a relatively sheer façade as the interface to the north, west and south boundaries. The proposal introduces an overbearing visual presence to neighbouring properties. This impact is consequential to the excessive built form sought.

It is noted that many of the surrounding sites with similar lot sizes are developed with 4 to 6 dwellings in the form of detached units. This includes the sites to the south that lie within the Boronia Activity Centre.

It is out of character for this area to have extensive built form. Therefore, the design response is not considered to be appropriate to the neighbourhood. This objective has not been met as the proposal does not respect the prevailing detached rhythm and the scale of dwellings within the neighbourhood.


Residential Policy - Does not comply

The proposed development is inconsistent with local planning policies contained within the Knox Planning Scheme, including relevant components of the MSS with respect to built form and neighbourhood character concerns.


Infrastructure – Complies.

Integration with the Street – Does not comply. The presentation of the apartment building to Short Street could be improved. The location of private open space to the front of the building results in solid fencing within 800mm of the street front for Unit 1 and 9.


Street Setback – Complies.


Site Coverage/Permeability – Complies.

Energy Efficiency – Does not comply. The proposal results in the majority of the dwellings orientated to either the east or west.

Open Space – Complies.

Safety – Can comply subject to conditions. The main entrance to the apartment building is set lower than street level with landscaping and fencing contributing to partial obscuring of the entrance. Internal lighting and surveillance of the lower ground car parking facilities can be addressed in a car park management plan as condition to permit issue.

Landscaping – Does not comply. As identified by Council’s Arborist there are three trees shown to be removed that are of high ornamental value and should be retained. Landscaping within the front setback from Dorset Road allows considerable opportunities for canopy trees while there is sufficient room along the north boundary which would allow for some screening vegetation. However, landscaping along the Short Street frontage and the west boundary along a drainage easement are extremely limited.


Access – Complies.

Parking Location – Complies. It would be preferable to locate the visitor car parking spaces in a more easily accessible location with greater natural surveillance.

Amenity Impacts


Walls on boundaries – N/A.


North-facing windows – Complies.

Overshadowing open space – Complies. Overlooking – Complies. Internal views – Complies.

Noise Impacts – Complies.



Dwelling entry objective – Complies.


Private Open Space – Does not comply. Schedule to the Residential 3 Zone varies ResCode Standard B28, private open space should consist of an area of 60m² with one part of the private open space to consist of secluded private open space at the side or rear of the dwelling with minimum area of 40m² and minimum dimension of 5 metres. Dwellings 2-8 and 10-17 are provided with a minimum of 8m2 of private open space with a minimum dimension of 1.6 metres located within a balcony accessed from the living area. The private open space of Dwellings 1 and 9 are at ground level with areas of 23.7m2 and 22m2 respectively, with minimum dimension of 3 metres, which is less than the minimum 40m2 and minimum dimension of 5 metres as required.

The intention of the increase to Standard B28 requirements through the schedule is to encourage greater spacing between dwellings and allow greater landscaping opportunities. Despite the setback from Dorset Road it is considered that the proposal does not achieve the intention of the variation to Standard B28 by providing minimum private open space requirements in the form of 8m2 balconies, and dwellings with private open space at ground level do not meet the minimum standards of the schedule.


Solar access – Does not comply. The majority of the dwellings have private open space orientated to either the east or west.


Detailed Design

Design Detail – Does not comply. The proposed apartment building does not respond positively to the preferred residential character of the locality. The new building will appear visually bulky to the adjoining sites and is not deemed respectful of the existing or preferred neighbourhood character.



Site Services – Can comply subject to conditions. Subject to a Car Park Management Plan and an amended Waste Management Plan the proposal will comply with this objective.




5. CONCLUSION

Clause 10.04 of the Knox Planning Scheme requires Council to balance relative policy objectives when making decisions to ensure resulting development is sustainable and achieves a net community gain. In this context, the development is considered inappropriate given the following:

· The proposed development is inconsistent with the urban design objectives as outlined in Clause 15 (Built Environment and Heritage) and Clause 16 (Housing) of the Knox Planning Scheme.

· The proposed development is inconsistent with the Council’s Municipal Strategic Statement and has not achieved a satisfactory response to the objectives of Clause 22.10 (Housing Policy).


· The design of the new dwellings is inconsistent with the objectives of Clause 22.07 (Neighbourhood Character) in that the proposal is visually bulky and does not allow for adequate landscaping opportunities. Also, sub-standard areas of private open space and lack of internal separation does not allow the continuity of the garden character between dwellings to be maintained.

· The proposal is inconsistent with the purpose of the Residential 3 Zone in that it is not respectful of the existing or preferred neighbourhood by way of built form.

· The proposed development will not make a positive contribution to or respect the existing character of the local area, and will result in unreasonable amenity impacts to adjoining properties.

· The development demonstrates non-compliance with the objectives and Standards of Clause 52.06 (Car Parking) and Clause 55 (ResCode) of the Knox Planning Scheme.

6. CONFIDENTIALITY


RECOMMENDATION

That Council issue a Notice of Refusal for the construction of a three storey apartment building containing 17 dwellings and alteration of access to a Category 1 Road at 301 Dorset Road, Boronia, subject to the following grounds of refusal:

1. The proposed development is inconsistent with State Planning Policy, specifically Clause 15 (Built Environment and Heritage) and Clause 16 (Housing).

2. The proposal is an overdevelopment of the land for a site that is not located in an Activity Centre. The proposal will undermine the function of Major Activity Centres as a focus for apartment and multi-storey development, and does not comply with Clause 21.05 (Municipal Strategic Statement).

3. The proposal is inconsistent with the objectives of Clause 22.07 (Neighbourhood Character).

4. The proposal is inconsistent with the purpose of the Residential 3 Zone in that it is not respectful of the existing or preferred neighbourhood by way of built form and does not meet the variation to Standard B28 of ResCode.



5. The proposal does not meet the standards and objectives of ResCode, specifically; Standard B1 (Neighbourhood Character), Standard B2 (Residential Policy), Standard B5 (Integration with the Street), Standard B13 (Landscaping), Standard B28 (Private Open Space), B29 (Solar Access) and Standard B32 (Design Detail).

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

124 COUNCIL – CITY DEVELOPMENT 24 June 2014 COUNCILLOR GILL VACATED THE CHAMBER AT 8.01PM DURING DISCUSSION ON ITEM 6.6 COUNCILLOR GILL RETURNED TO THE CHAMBER AT 8.06PM DURING DISCUSSION ON ITEM 6.6

ALL WARDS

6.6 DRAFT KNOX HOUSING STRATEGY, PLANNING SCHEME AMENDMENT C131 (HOUSING AND ROWVILLE PLAN), AND AMENDMENT C133 (MINOR CHANGES TO BORONIA PLANNING CONTROLS)

SUMMARY: Senior Strategic Planner (Sarah Lane), Project Manager – Strategic Planning (Jonathan Wright), Project Manager – Strategic Planning (Claire Anderson)

This report provides a summary of and recommended responses to the issues raised in submissions to the draft Knox Housing Strategy 2013, draft Residential Design Guidelines, draft Rowville Plan 2013, and Planning Scheme Amendments C131 and C133. Amendment C131 is the proposed suite of planning controls for implementing the housing and Rowville strategic documents. Amendment C133 proposes some wording changes to the existing planning controls that apply to the Boronia Activity Centre.

These Amendments and draft documents were on public exhibition throughout February and March 2014. Three hundred and seventy-six (376) submissions to Amendment C131 and nineteen (19) submissions to Amendment C133 have been received.

This report recommends that Council consider all the submissions received, endorse the recommended changes to the Amendments and draft documents, and request the Minister for Planning to appoint a Planning Panel to consider both the submissions and proposed revised changes.

RECOMMENDATION

That Council:

1. Consider the submissions received in response to the draft Knox Housing Strategy 2013, draft Residential Design Guidelines, Rowville Plan, Amendment C131 and Amendment C133 to the Knox Planning Scheme as detailed in Appendix B;

2. Endorse the changes to the draft Knox Housing Strategy 2013, draft Residential Design Guidelines for the purposes of the independent Planning Panel as detailed in Appendix C;

3. Endorse the changes to the Rowville Plan 2013 for the purposes of the independent Planning Panel as detailed in Appendix C;

125 COUNCIL – CITY DEVELOPMENT 24 June 2014 6.6 Draft Knox Housing Strategy, Rowville Plan & Planning Scheme

Amendments C131 & C133 (cont’d)

Recommendation (cont'd)

4. Adopt the recommendations detailed in the Amendment C131 Summary of Submissions document (Appendix B);

5. Endorse the changes to Amendment C133 detailed in Appendix F;

6. Request that the Minister for Planning appoint an independent Planning Panel to consider Amendments C131 and C133, all submissions received and the proposed revised changes as detailed in Appendix C (refer to 2, 3, 4 and 5 above); and

7. Authorise the Director – City Development to make minor changes to the Amendment documentation, draft Housing Strategy 2013, draft Residential Design Guidelines and adopted Rowville Plan 2013 prior to the Planning Panel, where changes do not affect the purpose or intent of the Amendment.

1. INTRODUCTION

1.1 Amendment C131 (Housing and Rowville)

On 26 November 2013, Council endorsed for the purpose of public exhibition the draft Knox Housing Strategy 2013, draft Residential Design Guidelines, draft Rowville Plan 2013 (the ‘strategic documents’) and proposed Amendment C131 to implement these documents into the Knox Planning Scheme and enable Council to assess future development proposals against these strategic documents.

This Amendment proposes a suite of planning controls primarily related to residential development including the introduction of the State Government’s new residential zones and locally-tailored design standards (Res Code variations).

1.2 Amendment C133 (minor changes to Boronia planning controls)

On 28 May 2013, Council resolved to seek authorisation from the Minister for Planning to prepare Amendment C95 and to request exemption from giving public notice of this Amendment given it was considered minor in nature. This Amendment sought to introduce wording changes to the existing planning controls for the Boronia Activity Centre to provide greater guidance for residential development. The Minister for Planning approved Amendment C95 on an interim basis (which have an expiry date of 15 December 2015). Amendment C133 seeks to permanently implement the interim changes to the Boronia planning controls, introduced through Amendment C95.



Amendment C95 (now C133) was prepared in response to the concern in the community around a number of planning applications along Bambury Street, Boronia; and two particular Victorian Civil & Administrative Tribunal (VCAT) decisions that highlight the ambiguous planning controls which apply to Bambury, Elsie and Marie Streets, Boronia.

It does not make changes to the strategic intent of the Boronia Structure Plan or planning controls. It does not alter any other existing planning controls (e.g. the existing Vegetation Protection Overlay 4).

The Boronia Structure Plan 2006 references three different residential areas for development within the structure plan area. These are referenced in the Design and Development Overlay (DDO7) and Clause 22.06 of the Knox Planning Scheme; however the differences between each area and the types of development to be encouraged within each of the three areas was not translated specifically enough to provide clarity between the differences in these areas from the original Structure Plan into the subsequent Planning Scheme Amendment C62.

In order to address the above issue, Amendment C133 seeks to strengthen Clause 22.06 (Boronia Major Activity Centre Local Policy) and the Design and Development Overlay – Schedule 7 (DDO7) to provide clarity for applicants and the community on the development type, built form and landscape outcomes to be achieved within the activity centre.

Amendment C95 seeks to better reflect the concept of three different residential areas achieving different development type and built form outcomes within the centre and to protect and promote the landscape outcomes sought by the Dandenong Foothills Policy. The impact of these changes on Bambury, Elsie and Marie Streets is that the landscape characteristics of the foothills will be prioritised above the need for urban consolidation and apartment built form will be discouraged in these areas.

1.3 Public exhibition of Amendment C131 and Amendment C133

Public exhibition was undertaken for Amendments C131 and C133 during February and March 2014. The exhibition period commenced with a municipal-wide mail out to approximately 77,000 owners/occupiers and advertisements in local and community newspapers. A supplementary bulletin was mailed to residents within the Dandenong Foothills area, to ensure that residents understood that the existing ‘Foothills controls’ would continue to apply under the new Strategy. Within the Boronia Activity Centre, the municipal-wide mail out brochure was accompanied by a bulletin relating to Amendment C133 and an explanatory letter. As the proposed changes relate to controls for the whole of the Boronia Activity Centre, notification was not limited to the abovementioned streets but was given to all sites with the Activity Centre area. Landowners and occupiers in the Rowville Plan study area were also sent a Rowville-specific bulletin.



Following the mail out, approximately 400 people attended 18 information sessions across all suburbs in Knox. Approximately 600 enquiries were made to Council by phone, email and in person.

376 submissions have been received on Amendment C131. A copy of all submissions is available for viewing at Council’s Customer Service counter.

19 submissions have been received regarding Amendment C133.

The key issues raised in submissions are discussed in Section 2 of the report.

1.4 Amendment C136 (New Zones)

The Minister for Planning has directed that the new suite of residential zones be implemented across Victoria by 1 July 2014. In accordance with Council’s 8 April 2014 resolution, Amendment C136 was recently lodged with the Minister for approval to manage the transition to the new residential zones on 1 July 2014. This Amendment seeks to implement the recently adopted Rowville Plan 2013 by applying the new residential zones, a new local planning policy for the Rowville Activity Centre, and a Design and Development Overlay for identified Opportunity Sites.

Amendment C136 also enables the translation of Council’s current housing policy and requirements in the Knox Planning Scheme to the new residential zones for land outside of the Rowville Plan Study Area. Amendment C136 facilitates a policy neutral ‘transitional’ implementation of the new zones for land outside of the Rowville Plan Study Area, while Amendment C131 continues to progress through the normal Planning Scheme Amendment process. Amendment C136 proposes that the new zones be applied as follows:

· Current Residential 1 and 2 Zones = General Residential Zone Schedule 7 (with no local Res Code variations).

· Current Residential 3 Zone = General Residential Zone Schedule 8 (with current local Res Code variations to private open space and front fence height).

1.5 Draft Knox Housing Strategy 2013 and Residential Design Guidelines

The following sections outline the key elements of the existing strategy:



1.5.1 A ‘scaled approach’ to future housing

The draft Knox Housing Strategy 2013 proposes a ‘scaled approach’ to future residential development in Knox. This approach identifies the role that different areas in Knox will play in accommodating new housing. It directs the majority of new housing to areas with good access to shops, services, infrastructure and employment (‘Activity Areas’ and ‘Local Living’) and away from areas with special local character and significant environmental values (‘Knox Neighbourhood’ and ‘Bush Suburban’).

The diagram below shows that the vast majority of residential land in Knox is proposed to be located in the lower change Knox Neighbourhood and Bush Suburban areas, while 5% of all residential land in Knox is proposed for the higher change Local Living and Activity Areas.

The State Government recently released its population projections from 2011 to 2031 (Victoria in Future, June 2014). Knox is expected to grow from 154,623 people in 2011 to 177,588 in 2031, an increase of 22,964 people. The number of households is expected to grow by 12,041, from 56,112 in 2011 to 68,154 in 2031. While the greatest growth in household type is expected to come from couple-only and one-person households, families with children will remain the dominant household type. Throughout the preparation of the draft Housing Strategy, Knox’s ability to provide capacity for expected demand has been tested. Capacity is based on the amount of land with future development potential based on the proposed new suite of planning controls for each residential change area, the capacity in non-residential land in Activity Areas, and future Strategic Sites. This testing will continue as Amendment C131 progresses and will be compared to the final Victoria in Future data now released. The final Housing Strategy will be updated accordingly.

Bush Suburban, 26%

Knox Neighbourhood

, 69%

Local Living, 1% Activity Areas,

4%

Percentage of residential land in Knox by policy



The draft Residential Design Guidelines are proposed to be applied to ensure that new residential development is designed according to specific requirements for the relevant area and housing type. The Guidelines aim to substantially improve the quality, design, sustainability and accessibility of residential development. The Guidelines are highly visual and user friendly, and designed to be used by designers and the broader community. Key features of the Guidelines include:

· Increased private open space requirements for Bush Suburban and Knox Neighbourhood areas to 100m2 minimum per dwelling (from the current 60m2 in Residential 3 Zone and 40m2 in the Residential 1 Zone). This will maintain capacity for the valued backyard in Knox, which will be large enough for outdoor living areas such as a deck or paved courtyard as well as at least one canopy tree.

· New requirements for canopy tree planting in all areas, including minimum number of canopy trees per land area (e.g. at least 1 tree per 175m2), front garden (e.g. at least 1 tree per 5m of width of site), secluded private open space (e.g. at least 1 tree per area). This will contribute to maintaining and enhancing the valued ‘green and leafy’ character of Knox; both the neighbourhood streetscape character and the leafy backyard.

· Building heights that reflect the Knox character, including a 2 storey mandatory maximum in Bush Suburban areas, 2 storey mandatory maximum in Knox Neighbourhood areas and a 3 storey preferred maximum in Living Local and Activity Areas (unless a Structure Plan or other guidance for height controls already apply). These will support the preferred housing types for each area and achieve a scale of development appropriate to the Knox character.

· Front setbacks of 9 metres in all areas except Activity Areas (6m) to allow space for canopy trees to enhance the green and leafy streetscape character.

· Direction on how to achieve better quality, more sustainable and accessible design, such as second storeys set back, wide eaves, solar access, wide and step-free entries.

1.5.2 Strategic Sites

The draft Strategy identifies fourteen ‘strategic sites’ across Knox that are not currently used for residential purposes. They are sites where the current land use is likely to change in a short to mid-term timeframe and could be suitable for future residential development (either entirely or in part).



Amendment C131 does not propose to rezone these sites but identifies them as strategic sites in Clauses 21.05 (Housing) and 21.07 (Economic Development). Where land is not currently zoned for residential purposes, a detailed, rigorous and public process is required to rezone these parcels of land. In all cases, there will be factors that must be considered and addressed before the sites can be used for residential purpose (e.g. protection of significant vegetation, interfaces with adjoining residential areas etc.). All sites will be subject to further investigation and planning work to determine their suitability or otherwise for residential or mixed use development.

1.5.3 Housing for older people

The draft Strategy proposes a policy position that encourages and supports housing specifically for older people, including retirement villages, aged care facilities and nursing homes. This proposed approach seeks to respond to the growing need for more housing options for older people now and in the future. This policy position is in addition to encouraging smaller dwellings in Activity Areas and Local Living areas, which will also provide more housing choices for older Knox residents who wish to downsize and stay living in their local area (‘age in place’).

The policy proposes to support housing that provides a range of services and facilities with different levels of care to provide another means of ageing in place. Proposals for housing for older people on existing or potential sites will be subject to the planning permit application process and must meet a series of policy principles and requirements. If a Planning Scheme Amendment is required to allow for such a proposal, favourable consideration is more likely if the same policy principles and requirements are met. Amendment C131 includes the policy principles and requirements in Clause 22.07 of the Knox Planning Scheme (Development in Residential Areas and Neighbourhood Character).

1.6 Rowville Plan 2013

1.6.1 Status update

The Rowville Plan 2013 is a strategic document that sets out a vision and direction for the Stud Park Shopping Centre and surrounding neighbourhoods over the next 20 years. Its purpose is to help guide decisions on a wide range of issues important to the future of Rowville, from housing and development to infrastructure and community services.

The Rowville Plan aims to balance competing priorities in the Rowville community, including the preservation of existing residential neighbourhood character and the benefits associated with managing and facilitating appropriate growth and development. The Plan articulates a vision for Rowville’s future that provides stronger protections for existing neighbourhoods while still enabling some higher density development in a more compact Activity Centre.



The Rowville Plan was adopted by Council at the Strategic Planning Meeting on 11 April 2014 to help support transitional arrangements for the new residential zones as detailed in Amendment C136. Although Council has requested the Minister to implement new zones and controls by 1 July for the Rowville Study area, submissions relating to these elements will still be considered through the Amendment C131 process. As with all submissions, they may result in changes to the adopted plan and final version of the planning controls ultimately approved by the Minister.

1.6.2 Implementation Plan and Rowville Place Program

The Rowville Plan provides the strategic basis for an Implementation Plan that will address actions by many different stakeholders with the goal of meeting the objectives in the Rowville Plan.

The Rowville Plan and the Implementation Plan serve different but equally important purposes in guiding future development in Rowville. The Rowville Plan is intended to provide a consistent point of reference to help guide decision-making over the long term. The Plan will be reviewed as required.

The Implementation Plan will present a set of actions and initiatives that can help achieve the objectives of the Rowville Plan, and is therefore intended to be a ‘living document’ that is updated regularly to reflect current priorities and up-to-date progress against the objectives.

Tracking, reporting, and updating the Rowville Implementation Plan will occur as part of the Rowville Place Program. The initial version of the Rowville Implementation Plan is being developed with input from across Council teams to ensure that the actions represented are relevant to those delivering on these actions and useful in developing projects and supporting future business cases. Subsequent versions of the Rowville Implementation Plan will involve participation by community members and organisations in order to identify actions that are carried out in part or entirely by stakeholders other than Council.

The initial version of the Rowville Implementation Plan will be submitted to Council for consideration, when the final adoption of Amendment C131 is sought in late 2014/early 2015. That document will include two main sections:

· A summary of defined projects and initiatives that relate to the objectives of the Rowville Plan, identifying lead responsibility, timelines, and funding where available. This list can be used to help track and report on progress of the Rowville Plan.

· A list of potential future actions that are not currently part of committed projects or defined business plans. These items can then be combined together and elevated as future projects when responsibility, timelines, and funding commitments are defined.



1.7 What changes to the Knox Planning Scheme are proposed?

To enable Council to assess future development proposals against the draft Housing Strategy, draft Residential Design Guidelines and Rowville Plan, they must be given statutory effect in the Knox Planning Scheme. Planning Scheme Amendment C131 proposes to implement the Strategy, the Design Guidelines and Rowville Plan through a suite of planning controls which work together to achieve Council’s desired outcomes.

The proposed suite is a combination of mandatory and discretionary planning policies and controls. This is considered to be the best approach to strike a balance between providing certainty about Council’s requirements for residential development for each area of Knox, and enough flexibility to support quality, innovative design suitable to the unique conditions of each site.

These changes include new residential zones with locally tailored design standards, new and updated local planning policies and an updated Municipal Strategic Statement (MSS).

The proposed suite of planning policies and controls will work as a strong package, with a small ‘margin of discretion’. This means that in the majority of cases, development proposals will need to comply with all requirements as specified and of those that don’t, any variations will be small. This does not mean ‘open slather’; rather with some discretionary content there is the ability to consider an application that doesn’t comply in every aspect, but which might still deliver the outcomes sought.

This differs from Council’s current housing policies and controls, which have a greater margin for discretion. The current approach has a greater reliance on policy statements, while the proposed approach includes more measureable requirements specific to each area. Most of these are not mandatory; however they provide greater strength than policy alone. Non-compliance with these standards requires clear justification and a better alternative solution. Non-compliance can form the basis for refusal.



The new residential zones and schedules are proposed to be applied to land in Knox, alongside some existing zones to be retained, as follows:

Area Zone

Bush Suburban (within the Dandenong Foothills)

Proposed Neighbourhood Residential Zone (Schedule 1) – NRZ1

Existing Low Density Residential Zone (LDRZ)

Existing Mixed Use Zone (MUZ)

Bush Suburban – outside of the Dandenong Foothills

Proposed Neighbourhood Residential Zone (Schedule 2) – NRZ2

Existing Low Density Residential Zone (LDRZ)

Knox Neighbourhood Proposed General Residential Zone (Schedule 2) – GRZ2

Local Living Proposed General Residential Zone (Schedule 3) – GRZ3

Activity Areas – land abutting the Principal Public Transport Network (PPTN) and outside of Bayswater, Boronia and Knox Central activity centres

Proposed Residential Growth Zone (Schedule 1) – RGZ1

Activity Areas – Knox Central Activity Centre and Rowville Activity Centre (except for residential opportunity sites)


Proposed General Residential Zone (Schedule 2) – GRZ2



Activity Areas – Bayswater and Boronia Activity Centres

Proposed Residential Growth Zone (RGZ2)


Existing Mixed Use Zone (MUZ)

Harcrest and Stamford Park (i.e. sites affected by a Development Plan Overlay)


Knox Private Hospital and Rowville Residential opportunity sites


With the exception of the site at 1060 Stud Road, Rowville, Amendment C131 does not propose to rezone non-residentially-zoned land.

New local planning policies are:

· Residential Development and Neighbourhood Character (Clause 22.07) (replaces two existing policies – Clause 22.07 Neighbourhood Character and Clause 22.10 Housing).

· Residential Land Use within the Commercial 1 Zone (Clause 22.12).

The relevant sections of Council’s MSS have been revised to reflect the strategy intent of the draft Housing Strategy (Clauses 21.01-10).

For the Rowville Plan area, specific policies and controls include:

· Rowville Activity Centre local policy (Clause 22.13).

· New Development Plan Overlay (Schedule 12) – commercial areas.

· New Design and Development Overlay (Schedule 9) – residential opportunity sites.

2. DISCUSSION

2.1 Key Themes Raised in Submissions to Amendment C131

Of the 376 submissions received to Amendment C131:

· 44% are supportive of the entire Strategy or a particular aspect.

· 21% oppose the Strategy or a particular aspect, arguing that it is too restrictive.

· 33% oppose the Strategy or a particular aspect, arguing that it is not restrictive enough.

· 2% of submissions do not provide a position.



Appendix A to this report provides a geographical breakdown of the locations where the submissions have been received from, denoting submissions as ‘support’, ‘oppose (too restrictive)’ and ‘oppose (not restrictive enough)’.

This following section outlines the key themes and summarises issues raised in submissions and the proposed response/s. A summary of all 376 submissions and a recommended response for each is provided in Appendix B to this report. The issues outlined in the tables below are highlighted either due to the number of submissions relating to a specific issue, or the policy implications raised.

Some changes in response to submissions are recommended. These include changes to the draft Knox Housing Strategy 2013 draft Residential Design Guidelines, adopted Rowville Plan 2013 and Planning Scheme Amendments C131. Some additional changes are also recommended in response to internal review during the exhibition period or an error being identified during the exhibition period. Where appropriate, these are noted below.

All recommended changes to these documents are listed in Appendix C to this report.

2.1.1 Knox Neighbourhood areas

Issue: planning controls for this area are too restrictive

A number of submissions have raised concerns with the proposed Knox Neighbourhood controls which are proposed to apply to the majority of Knox.

Summary · Inability of many property owners to develop and resultant reduction in property values.

· A possible reduction in the provision of smaller houses, to cater for different household requirements.

· Negative impacts on housing affordability (reduced supply).



Response It is acknowledged that the Knox Neighbourhood controls do not directly support the provision of smaller dwellings. From a strategic perspective, there is not an expectation that they should do so. The draft Housing Strategy directs more dwellings and more diverse dwelling types and sizes to Local Living and Activity Areas. The planning controls for these areas have been drafted to support this outcome. Knox Neighbourhood controls have been designed to support the delivery primarily of detached dwellings and dual occupancies and, on large lots over 1000sq.m, villa units.

The draft Housing Strategy pre-supposes that housing supply should increase within the Local Living and Activity Areas at a greater rate than the Knox Neighbourhood areas and that supply in these areas should provide for a diversity of housing types and sizes (rather than just a net increase). Increasing the supply of smaller dwellings contributes to affordability of this stock (which is currently in undersupply in Knox) and responds to particular segments of the housing market seeking more affordable housing options – first home buyers, downsizing retirees and single person households.

Knox Neighbourhood areas form the keystone of the overall Strategy to respond to what the community has been saying to Council through Knox@50 and other channels over the past few years, that is:

· To retain the green and leafy identity and character of the majority of residential areas.

· To retain the low-scale neighbourhoods characterised mainly by detached houses and dual occupancies.

Officers recommend that the proposed Knox Neighbourhood controls be retained, as exhibited, as they are the keystone of the overall Strategy.

2.1.2 Local Living areas

a) Issue: Maximum building height should be reduced from 3 storeys to 2 storeys

Summary This issue has predominantly been raised by submitters in Rowville. It only really applies to the Smart Bus Route Activity Area, as building heights in other Activity Areas are governed by Structure Plan and Design and Development Overlays (DDOs). This is therefore most relevant to the Rowville area, where this interface exists.

Issues raised are: · The 9m/3 storey (discretionary) building height in Local Living

areas could allow for 3-storey developments, which is considered out of character for these areas. Most submissions request 8 m/2 storeys (mandatory).

· There is insufficient difference in the design requirements for Local Living and Activity Areas as both have a 3 storey/9m height limit.



Response The key difference between Local Living and Activity Areas is in the

preferred housing types. Apartments are considered appropriate in Activity Areas, but not Local Living. Whilst many of the specific requirements (‘the numbers’) are alike, it is Council’s proposed policy position on housing types that would lead to different outcomes in these areas. Should the maximum building height in Local Living areas be reduced, the distinction between these areas would be far greater and much clearer to the community.

Officers are of the view that reducing the maximum height within Local Living areas would not be detrimental to the objectives of the Strategy.

Officers recommend that the discretionary building height of 3 storeys/9 metres for Local Living areas be reduced to a mandatory building height of 2 storeys/8 metres, with some allowance for architectural features (refer to change 1 in Appendix C).

b) Issue: Local Living areas should be reduced or expanded in size

Summary · Some submitters suggest Local Living area boundaries should be contracted. This concern is specific to Rowville in areas in and around the Activity Centre.

· Other submitters suggest Local Living area boundaries should be expanded, including requests for specific sites to be included in Local Living areas and a broader perspective that suggests that the overall Strategy would deliver better outcomes with larger Local Living areas. This issue has been raised more broadly, and is not limited to one area.

Response Individual requests for inclusion in Local Living areas have been considered on a site by site basis (see Appendix B). With regard to the broader policy question, it is important to note that within our major activity centres (particularly Boronia) there are areas which function in the same way as the proposed Local Living areas. The Boronia Activity Centre, for instance, includes large areas that have either a 7.5m discretionary height limit or a mandatory 9m height limit, wherein villa units and townhouses are the predominant housing type. Amendment C133 also proposes to clarify that apartments are not encouraged in a number of areas within the Activity Centre boundary, thereby defining these areas effectively as Local Living.

Based on the testing of Knox’s capacity to accommodate projected future household growth to date, officers are of the view that the overall Strategy approach, including Local Living areas, responds to the anticipated housing needs of Knox’s community into the future.

Officers do not recommend a review of boundaries of Local Living areas.



2.1.3 Bush Suburban areas

Submissions relating to the proposed Bush Suburban areas (outside of the Foothills) are somewhat even, both for and against the proposed controls. Forty-two (42) submissions have been received relating to these areas, with 23 objecting and 18 supporting submissions. Of the 18 supporting submissions, 10 are from residents located within Bush Suburban areas.

Summary Themes in the supporting submissions include:

· Support Bush Suburban but the controls do not go far enough to protect areas of environmental significance (e.g. dual occupancy shouldn’t be allowed).

· Support Bush Suburban on environmental grounds. Some believe the controls should come in sooner to prevent further loss of vegetation.

· Support Bush Suburban as it will reduce development (referencing traffic impacts, ‘overcrowding’, etc).

The themes in the objecting submissions are:

· Objection to the mandatory minimum lot size (500sq.m) as it affects the ability to develop/subdivide and will have negative impacts on property values.

· Objection to the mandatory minimum lot size as there are some lots just under 1000sq.m (meaning that these sites could only accommodate one dwelling).

· The prescriptive controls do not allow for flexibility to respond to individual sites (e.g. to design around preservation of trees).

· There are many blocks in these areas that have already been developed and subdivided. Some submitters noted that this fact has already diminished any ‘bush suburban’ characteristics; and that the proposal results in an unfair outcome for those who now cannot develop in the same way.



Response The Bush Suburban areas outside of the Dandenong Foothills reflect

land which has been identified through Council’s adopted study, Sites of Biological Significance in Knox, Second Edition, 2010, and therefore had a Vegetation Protection Overlay (Schedule 4) applied through Amendment C49. In summary, the VPO4 seeks to achieve: the protection and retention of tree cover, with particular emphasis on indigenous species and large old native trees; reduction in the threat of extinction to vulnerable, endangered or critically endangered flora and fauna; improvement in the continuity of tree cover; retention of the likely pre-European tree canopy species; and provision of habitat for small native birds and other small fauna.

It is for this reason that these areas have been designated Bush Suburban, rather than Knox Neighbourhood. The draft Housing Strategy states that Bush Suburban areas will:

· Contribute to the protection and enhancement of Knox’s distinctive environmental and biological values.

· Continue to be low-scale neighbourhoods, characterised mostly by detached houses, where significant indigenous and native vegetation is retained and complemented.

There is an alternative, less restrictive option that would most likely still achieve the above objectives in most cases. These areas could be zoned ‘General Residential Zone’ instead of ‘Neighbourhood Residential Zone’, which would mean the mandatory 500sq.m minimum lot size would be removed.

In practice, this would still restrict development on the majority of Bush Suburban lots (the 90% that are less than 1300sq.m) given the remaining combination of planning controls such as requirements for 100sq.m private open space and maximum 40% site coverage. It would allow more development on the 10% of lots 1300sq.m +, where there is a ‘tipping point’ where the number of potential new dwellings increases if the mandatory subdivision control does not apply. This approach would allow some more flexibility to consider applications on their merits; however it would also allow more development on the largest lots.

Officers recommend no change to the Bush Suburban areas as the designation and prescriptive controls will meet the objectives for these environmentally significant areas.



2.1.4 Feedback from Council Advisory Committees

Comments have been received from four of Council’s Advisory Committees:

· Knox Disability Advisory Committee.

· Knox Active Ageing Advisory Committee.

· Knox Affordable Housing Reference Group.

· Knox Multicultural Advisory Committee.

In addition to specific issues raised (see Appendix B), two common themes have come through from these groups. Some individual submitters also raised these issues.

Summary · There is a need for greater focus on affordable housing (and, by extension, affordable living); and

· There is a need for a shift in emphasis regarding housing for older people (i.e. less focus on formal aged care facilities and more on the provision of suitable private housing).

Response The purpose of the policy position regarding ‘Housing for Older People’ as articulated in the draft Strategy is to provide specific guidance for formal and/or institutional uses which may seek to expand or diversify. This guidance seeks to manage the amenity impacts of such uses in residential areas.

It is agreed that a diversity of private housing stock is a significant factor in providing for the housing needs of the ageing population, and the population more broadly. Smaller dwellings, which may be suitable for older people wishing to downsize, are supported in both Activity Areas and Local Living areas. It is agreed that this needs to be strengthened in the Housing Strategy.

In addition to providing greater housing choice, smaller housing types are generally more affordable. It is acknowledged that the cost of housing is only one element of overall ‘affordable living’. The Residential Design Guidelines seek to raise the bar on dwelling design, including the environmental performance of buildings. However, much of the progress to be made in this area is through the Building Regulations, rather than the Planning Scheme. It is considered that the Housing Strategy and Residential Design Guidelines advance this as much as possible under the constraints of the planning system. The key focus of the draft Knox Housing Strategy is to locate more dwellings in locations that are well serviced with transport choices, employment and educational opportunities, and shopping and leisure facilities. Co-location of important daily activities can contribute positively to affordable living, particularly through reduce car dependency. Activity Area and Local Living boundaries are considered adequate to provide for a mix of smaller housing types, including villa units, townhouses and in some areas, apartments.



Response (cont’d)

Officers recommend that greater emphasis be given in the Housing Strategy to the benefits of older people remaining independent, in private housing, within their communities; and that as a result a diversity of housing is important for this segment of the community (see change 10 in Appendix C).

2.1.5 Flexibility for aged care and other institutional sites

Submissions were received from five aged care providers (including one within the Dandenong Foothills) relating to seven individual sites. A submission was also received from a disability accommodation provider.

Need for greater flexibility

Summary · Submitters support the direction given in the draft Housing Strategy regarding Aged Care sites, which is to support the future development and diversification of these facilities.

· Submitters also suggest there is a need for greater flexibility in the proposed planning controls to enable future development, to respond to changing care needs and legislative context (e.g. Federal government reforms).

Response The new zone provisions, as drafted, seek to provide flexibility for the future development of aged care facilities, alongside the design guidance provided in the Housing Strategy and policy within the planning scheme (this flexibility is not provided for sites within the Dandenong Foothills). Officers are of the view that this approach is appropriate but it is evident from the submissions that some further refinement is required to clearly articulate where flexibility and guidance is provided. Further clarity regarding height limits is needed. Exemptions from other Res Code requirements do not need to be specified as they are discretionary requirements which apply to ‘dwellings’ only (and not aged care facilities).

Officers recommend that the design requirements for the development of Aged Care sites (outside the Foothills area) be modified to clearly articulate that mandatory height requirements do not apply (see change 9 in Appendix C).

The draft Housing Strategy provides support for housing for older people primarily within Activity Areas and Local Living areas. The Strategy reinforces the low scale built form and landscape policies and requirements that apply to the Dandenong Foothills.



Response (cont’d)

The introduction of a mandatory height limit to the Dandenong Foothills through the proposed zone introduces greater constraints than currently exists in the Foothills suite of controls. In line with the draft Strategy, the proposed zone for the Dandenong Foothills does not exempt aged care facilities from this height limit (as is the case in other zones). Therefore, aged care facilities in the Foothills must comply with the proposed mandatory height limit of 7.5m. The Foothills provide a scenic backdrop to Knox and across much of metropolitan Melbourne; they are a major defining element for the character and image of Knox. It is a well established principle of the Knox Planning Scheme that urban consolidation imperatives do not outweigh the need for protecting the landscape and environmental sensitivities of the Dandenong Foothills.

Officers do not recommend that greater flexibility be afforded to aged care and institutional uses within the Dandenong Foothills.

a) Request for a different policy area

Summary Representatives of Tabulam and Templer Homes for the Aged have requested a different zone and a different policy designation from Knox Neighbourhood to Activity Area.

Response The designation of Activity Areas and Local Living areas is based on a number of criteria, which this site does not satisfy. The draft Housing Strategy does however support the expansion and diversification of aged care facilities and provides guidelines to ensure that this is achieved in an appropriate way. The zone schedules have been drafted to provide flexibility to aged care land uses, particular regarding building height. It is recommended that the drafting of the zones be reviewed to make this flexibility more explicit.

Officers do not recommend that the policy designation for Tabulam and Templar Homes for the Aged be changed.

b) Request for a different zone

Summary An aged care provider within the Knox Central Principal Activity Centre, Villa Maria, has requested the Mixed Use Zone (rather than the Residential Growth Zone [RGZ]) apply to its site.

Response It is considered that the Mixed Use Zone would be appropriate for the majority of the Villa Maria site, given its location within the Knox Central Principal Activity Centre. Development in this location is guided by the Knox Central Urban Design Framework (UDF). It is considered that the MUZ would be more compatible with the UDF than the RGZ. The UDF recommends building heights of 3-5 storeys in this location and denotes this location as being suitable for Institutional Educational/Complementary Office/Residential/ Recreation /Leisure uses.



Response (cont’d)

It is recommended that the MUZ be applied to the Villa Maria site at 355-357 Stud Road, but that the RGZ be retained for the adjoining site at 13 White Road. This site is also owned by Villa Maria and is located within an area for Medium Density Residential in the Knox Central UDF. Its context is that of a residential neighbourhood (as opposed to a commercial/institutional), which has not been identified as being suitable for a more intensive built form.

For the purposes of consistency and correct reference to the Knox Central UDF, it is considered that the Mixed Zone should also apply to 343 Stud Road (Cavalier site).

Officers recommend that Council support in part Villa Maria’s request to be rezoned to a Mixed Use Zone at 355-357 Stud Road, but not 13 White Road.

Officers recommend that the adjoining site at 343 Stud Road (Cavalier site) also be rezoned to a Mixed Use Zone.

Officers recommend notifying both sites’ landowners and adjoining sites. (see change 2 in Appendix C)

2.1.6 Strategic Sites

A number of site specific submissions have been received, relating to Strategic Sites. Single issues raised by landowners are noted in Appendix B. The following summary relates to sites where multiple submissions have been received.

Summary Wantirna Health Precinct Submissions received from landowners within this precinct raise the following issues:

· Object to the focus in the Housing Strategy on health related uses for this location and the limitations placed on future residential development.

· Vic Roads raise concerns with land set aside for the Healesville Freeway reservation being identified as a strategic site.

Waverley Golf Course & surrounding sites

A number of landowners within this precinct have made supporting submissions. Four objecting submissions have been received from nearby sites, raising the following issues:

· Site is outside the Urban Growth Boundary; · Site is affected by high voltage power lines; · If rezoned, should be Bush Suburban; · Traffic issues; and · Loss of green space.



Summary (cont’d)

Boronia Heights College

A large number of submissions were received in relation to this site, expressing concern that the sports ovals would no longer be available for use by local residents and sporting groups, if the site were to be developed for housing.

Response Wantirna Health Precinct

These sites have been identified in the draft Housing Strategy as being suitable primarily for health related uses, with some ancillary residential development such as aged care or disability care facilities. Council's Municipal Strategy Statement states that "like new housing, new health and community facilities should ideally be located close to existing public transport networks and hubs of activity that provide essential goods and services. The establishment of a medical precinct near the new Wantirna Health centre (opened in 2007) will provide a clustering of like services for the convenience of users." (Clause 21.08-2) Knox's MSS also identifies that an economic analysis to determine the future potential for a medical precinct in Wantirna should be undertaken (Clause 21.07-3). The designation of the site in the draft Housing Strategy supports these outcomes. This Precinct has also been identified for health purposes in the State Government’s recently released Plan Melbourne.

However, in order to avoid pre-empting the outcome of future work, wherein residential development may be seen to support the precinct, officers recommend that the following text be deleted from the draft Housing Strategy in relation to these sites: Private dwellings are not supported in this location (see change 8 in Appendix C). Further, in response to Vic Roads’ issue specifically, the designation of these sites in the Housing Strategy does not preclude the use of the land as a road if this plan were to eventuate.

Waverley Golf Course & surrounding sites

The Waverley Golf Course and adjoining sites are considered to be suitable for consideration for future residential development, subject to inclusion in the Urban Growth Boundary, and resolution of a number of matters outlined in the draft Strategy. No change to the status of the ‘Strategic Site’ is recommended, however internal review of the draft Housing Strategy has identified that Bushfire Risk and Sites of Biological Significance should be added to the matters to be considered in any future proposal.

Officers recommend that the draft Housing Strategy be amended to add Bushfire Risk and Sites of Biological Significance as additional considerations for future proposals for the site (see change 23 in Appendix C).



Response (cont’d)

Boronia Heights College

The draft Knox Housing Strategy sets out Council's preferred outcome for the site, in the event that a rezoning is undertaken. The draft Strategy states that "The site is considered to be appropriate for residential development that is consistent with surrounding low scale of development and consistent with what is allowable under the relevant Foothills planning controls. Areas of biological significance which must remain intact are affected by the Environmental Significance Overlay (ESO3).” The draft Strategy also already states that “that the existing school oval (should) be retained for use as public open space and that integration with the surrounding area be achieved."

Officers therefore recommend no change is required.

2.1.7 Traffic and parking

A number of submissions raise issues relating to traffic and parking. Responses to specific issues raised are provided in Appendix B.

Summary · Concerns relating to existing traffic and parking issues.

· Submissions for and against indented parking bays. · Requests that parking on nature strips be allowed. · Concern over future issues anticipated as a result of new

development.

Response The Knox Planning Scheme requires adequate off-street parking to be provided in new development. There is no law to enforce the compulsory use of private car parking space/s. In some cases where on-street car parking occurs, Council will investigate the concerns and carry out traffic assessments to determine suitable actions. These issues have been referred to the relevant Council departments.

Council has a ‘Retrofitting of additional on-street parking infrastructure on narrow residential streets’ policy that assesses the requests of indented bays. The policy considers factors such as nature strips, streetscape, street trees and utility services. Where deemed consistent with Council policy, additional parking bays are funded jointly by Council and residents.

Victorian Road Rules prohibit parking on nature strips and Council has no authority to change the Rules.

Council monitors the speed and volume of traffic on local roads and levels of parking around busy areas such as train stations. Traffic engineering and parking restrictions are considered if warranted.

Officers recommend that current Council policies and procedures continue to be applied and enforced to address these issues as required.



2.1.8 Zoning adjacent to Knox Private Hospital

Summary Two submitters have suggested that 2-8 Ainsdale Avenue, Wantirna should be Knox Neighbourhood, not Activity Area, in line with the remainder of the street.

Response 2-8 Ainsdale Avenue, Wantirna are currently owned by Knox Private Hospital and are likely to form part of a broader hospital development. It is considered appropriate that any future development of the hospital should take into account the low scale residential interface of Ainsdale Avenue. It is therefore agreed that these sites should be Knox Neighbourhood.

Officers recommend that 2, 4, 6 & 8 Ainsdale Avenue, Wantirna be designated Knox Neighbourhood rather than Activity Area, and that the General Residential Zone Schedule 2 be applied to the sites (see change 5 in Appendix C).

2.1.9 Suggested changes to specific design requirements

A number of changes have been requested by submitters relating to specific design requirements. Some changes have been identified through a process of internal review. All proposed changes are listed in Appendix C to this report. a) Canopy trees

Summary A small number of submitters express concern that requirements for the planting of canopy trees is not practical and may be dangerous. A number of these submitters suggest that a definition of ‘canopy tree’ be provided.

Officers recommend that the definition of ‘canopy tree’ be included in the Residential Design Guidelines and draft Housing Strategy (see change 14 in Appendix C).

b) Garages and carports

Summary A small number of submissions raise a concern with the requirement to locate a garage/carport behind the line of the dwelling. One submitter raises this in the context of safety, with regard to reversing cars longer distances (particularly in relation to driveway accidents involving small children). Other submissions relate to the impact on development potential of a site and possible reduction in private open space resulting in garages located behind dwellings.

Response It is Council's current practice to require that garages and carports do not dominate the streetscape and this is articulated in Knox's existing Neighbourhood Character Policy. More broadly this is considered to be good design practice in many municipalities across Melbourne.

Officers recommend no change.



c) Building height A review of the proposed zone schedules has identified areas where greater consistency could be applied across the different residential areas.

Summary Some zone schedules, as exhibited, provided exemptions so that architectural features could exceed the maximum building height; and provided some allowance for sloping land. There is an opportunity to revise the drafting of these schedules to provide greater clarity and consistency.

Response To allow some reasonable flexibility with the proposed mandatory maximum building heights, the wording in the planning controls for all areas is recommended to be amended, to account for slope of the land and architectural features.

Officers recommend that the planning controls be amended to allow some flexibility to consider building heights above the mandatory maximum to allow for slope (in all areas) and architectural features (except the Dandenong Foothills). See change 30 in Appendix C. It is important to note that in all of the proposed zones, the mandatory building heights do not apply to extensions to existing dwellings, provided that the extension does not exceed to the height of the existing building. Furthermore, the Neighbourhood Residential Zone also includes an exemption from the mandatory building height for existing or new buildings provided the building does not exceed the height of immediately adjacent buildings. These requirements are specified in the state-wide zone provisions and cannot be varied by Council.

2.1.10 Requested changes to Dandenong Foothills and other existing planning controls

Summary A number of submissions relate to existing planning controls within the Knox Planning Scheme, which are not the subject of Amendment C131. These submissions seek changes as follows:

· A relaxing of the Dandenong Foothills overlays (particularly regarding minimum subdivision requirements).

· Changes to overlays and local policies relating to Activity Centres (Boronia & Bayswater) – most focussed on Activity Centre boundaries.

· Sites to be rezoned from the Low Density Residential Zone to another residential zone.

Some submitters expressed concern about perceived relaxing of Dandenong Foothills controls.



Response Both the Dandenong Foothills and Knox’s Major Activity Centres are

fundamental parts of the planning scheme guiding development in the municipality. These formed the starting point for the scaled approach to housing development sought by the draft Housing Strategy, with the Boronia, Bayswater and Knox Central activity centres designated Activity Areas, and the Foothills designated as Bush Suburban. These areas already have planning controls which deliver the scaled approach, which did not warrant changes through this Amendment. As such, development within these areas will continue to be largely guided by adopted Structure Plans and the accompanying existing planning controls for Activity Centres; and the existing Dandenong Foothills policies and controls. Amendment C131 proposes zones aimed at supporting and enhancing the performance of these current controls.

The Low Density Residential Zone (LDRZ) is applied in several locations within Knox. Amendment C131 does not propose to change this zoning. There is no impetus to do so, as the zone is being retained in Victorian Planning Provisions. The zone is also considered to play an important role in the Knox context.

The purpose of the Low Density Residential Zone, and the locations in which it has been applied in Knox, are consistent with the objectives sought by the draft Housing Strategy. The zone has been applied in areas of Knox with limited access to reticulated sewerage to date. As such the zone is considered to be an appropriate part of the suite of controls to deliver the outcomes sought by the Strategy.

Officers recommend that no changes be made to existing planning controls (including the Dandenong Foothills, Activity Centres with adopted Structure Plans, and the Low Density Residential Zone) via this Amendment process.

2.1.11 Impacts on property values

Summary A number of submissions raise the issue of potential negative impacts on property values resulting from the draft Strategy and proposed zone requirements. These submissions are based on concerns that either:

· Property values will decrease in Knox Neighbourhood and Bush Suburban areas as development opportunities will decrease;

or

· Property values will decrease in Activity Areas and Local Living areas because of the impacts of high density development.



Response Property values are not a planning consideration. That said, it is a fact

that development potential will be reduced by the proposed planning controls for Knox Neighbourhood and Bush Suburban areas. This is a deliberate outcome of the Housing Strategy which seeks to preserve and enhance features which are valued by the Knox community. It is difficult to predict the long term effects on property values, particularly as residential development in the suburban context with high amenity; large backyards in a landscaped setting may become scarcer across Melbourne. There is still a very strong market for this housing type in Knox.

The Strategy seeks to balance these values with the need to provide more diverse housing to meet the changing needs of the Knox community. This balance is achieved by encouraging diverse types of housing in Activity Areas and Local Living areas, which are close to services and transport choices. There are differing views on whether this policy direction has positive or negative effects on property values, particularly for owners of large suburban blocks which may have development potential. Officers recommend no change.

2.1.12 Additional Bush Suburban areas outside of the Foothills

One submission drew attention to the Bateman Street Bush land (Wantirna) and recommended that this should be designated as Bush Suburban. This lead to an internal review of other Sites of Biological Significance, to ensure the appropriate zoning had been applied.

Summary The proposed Bush Suburban areas outside of the Dandenong Foothills reflect land which has been identified through Council’s adopted study, Sites of Biological Significance in Knox, Second Edition, 2010, as being of biological value. These sites are covered by overlays which relate to vegetation protection and enhancement. It is for this reason that these areas have been designated Bush Suburban, rather than Knox Neighbourhood.

A number of sites that are covered by a Vegetation Protection Overlay Schedule 4 or Environmental Significance Overlay Schedule 2 have (erroneously) not been identified as being Bush Suburban areas. It is recommended that this be rectified so that a consistent zoning approach is applied to sites of biological significance. The relevant sites are mapped in Appendix D to this report. It is recommended that these sites be identified as Bush Suburban in the draft Housing Strategy and Residential Guidelines and, accordingly, the proposed zone be changed to Neighbourhood Residential Zone Schedule 2. A total of 45 lots would be affected by this change.

Should Council resolve to apply the new zoning to these sites, landowners will be notified as soon as possible and will have the opportunity to make a late submission for consideration at the Planning Panel.



Response Officers recommend that the remaining Sites of Biological

Significance erroneously omitted from the exhibited Strategy, Guidelines and Amendment C131 be correctly identified as Bush Suburban and all landowners notified prior to the Planning Panel (see change 20 in Appendix C).

2.2 Key Themes Raised in Submissions to the Rowville Plan

Of the 376 submissions received in relation to Amendment C131, a total of 167 submissions were received from Rowville and 3 from Lysterfield. Of those in Rowville, 146 represented issues related to properties within the boundaries of the Rowville Plan Study Area. They include:

· 96 from residents of Peppertree Hill Retirement Village.

· 3 from other Opportunity Sites (1060 Stud Road, 1103 Stud Road, Stud Park Shopping Centre).

· 1 from Activity Areas.

· 24 from Local Living areas.

· 20 from Knox Neighbourhood areas.

· 1 from Strategic Redevelopment Sites identified in the Housing Strategy (Kingston Links Golf Course).

· 2 from state government agencies relating to sites in the Rowville Plan Study Area (Vic Roads, EPA).

2.2.1 Local Living Areas

Of the 144 submissions in the Rowville Plan Study Area, 38 sought a reduction in maximum height in the Local Living areas, a reduction in the boundaries of the Local Living areas, or both. Only 3 submitters suggested less restrictive controls in the Activity Areas and/or Local Living areas expanding the boundaries of these areas, or both – including the owner of the Stud Park Shopping Centre.

Submissions opposed to the proposed controls generally cited reasons that fit into two broad categories:



a) Amenity and Neighbourhood Character

Summary Submitters consider that higher density development would negatively affect the character of the neighbourhood that drew them to live in Rowville. This included a variety of concerns related to 3-storey buildings, including overlooking, overshadowing, and visual bulk, as well as concerns that smaller building setbacks to the street and adjacent lots would reduce privacy and amenity for existing houses. Many submitters also raised that there was not enough difference between controls in the Activity Areas and Local Living areas, and requested lowering the height limit in these areas from a discretionary 3-story (9m) limit to mandatory 2-storey (8m) limit to provide a greater distinction of character between these areas.

Response As detailed in Section 2.1.2 (a), officers recommend that the discretionary building height of 3 storeys/9 metres for Local Living areas be reduced to a mandatory building height of 2 storeys/8 metres, with some allowance for architectural features (refer to change number 1 and 30 in Appendix C).

b) Issues Associated with Increased Density

Summary Submissions included concerns about increases in traffic and demand for on-street parking, particularly in areas where these issues are already perceived as problematic. Several submitters cited Stamford Crescent, Simon Avenue, and the intersections of Lakeview Ave/Stud Rd and Avalon Rd/Stud Rd as examples. Some submitters have requested that the boundaries of the Local Living area be reduced in order to limit the potential increase in dwellings in the area. Others cited existing single-dwelling covenants on individual titles that they did not want to see changed as part of the rezoning.

Response As detailed in Section 2.1.2 (a), officers recommend that the discretionary building height of 3 storeys/9 metres for Local Living areas be reduced to a mandatory building height of 2 storeys/8 metres, with some allowance for architectural features (see change 1 and 30 in Appendix C).

The proposed reduction in building heights would likely have the effect of reducing the overall potential density in Local Living areas, which could mitigate some of the concerns raised by submitters. The Rowville Plan will support further studies and works through the Implementation Plan aimed at improving and managing issues associated with change and development, such as traffic management and the provision of community services. The Amendment will not affect single dwelling covenants on individual titles and they will remain as is unless a process to change them is undertaken by the individual landowner.



Response (cont’d)

Officers do not recommend a review of boundaries of Local Living areas. It is anticipated that the changes to maximum building heights will have the effect of reducing density in the Local Living areas, and the detailed studies enabled by the Rowville Plan will help mitigate the local impacts of increased density in specific locations in Rowville.

2.2.2 1060 Stud Road

This site is identified as an Opportunity Site in the Rowville Plan. It was formerly a pool & spa display centre and currently has a planning application under consideration for a change of use to materials recycling. Amendment C131 proposes to rezone this lot from Commercial 2 Zone (C2Z) to a Residential Growth Zone, Schedule 5 (RGZ5) to allow for higher density residential uses with a range of dwelling sizes.

Summary There were 105 submissions in favour of this rezoning, the majority of which came from 96 submissions from residents of the nearby Peppertree Hill Retirement Village. The owners of the site submitted an objection to the rezoning, citing existing commercial commitments and arguing that residential uses would not be feasible on this site.

Response Rezoning to support higher-density residential uses will help provide opportunities for increased housing diversity in Rowville, help protect adjacent residential areas from adverse amenity impacts from potential industrial uses, and promote a use that is more compatible with a contextually sensitive entry to the major community asset of Council’s Stamford Park Master plan area.

No change is recommended. Officers recommend that the rezoning from Commercial 2 Zone to Residential Growth Zone, Schedule 3 proceed as exhibited.

2.2.3 Stud Park Shopping Centre

The owners of the shopping centre Lend Lease, made a submission generally supporting the Rowville Plan and the intent of DPO12, which provides new requirements for future development of the shopping centre and surrounding commercial land. They also raised some objections and suggested changes to a few key points. The following is an overview of the main issues and recommendations related to the Lend Lease submission.



a) Residential zoning in surrounding neighbourhoods

Summary Lend Lease suggest expansion of Local Living and Activity Areas to provide greater residential density in the local catchment of the shopping centre to support a future expansion and a greater diversity of uses and activities.

Response The boundaries of the Local Living and Activity Areas have been set through extensive consultation with the local community, including residents, business owners, and other stakeholders. The exhibited boundaries represent a thoroughly-considered compromise between accommodating future growth and protecting existing neighbourhood character. Future expansion of these areas may be considered as part of future reviews of the Rowville Plan.

Officers do not recommend a review of boundaries of Activity Areas or Local Living Areas.

b) Expansion prior to a permit or new Development Plan

Summary Instead of a single cumulative cap of 10% of the area of the existing shopping centre, Lend Lease suggest allowing multiple expansions so long as no single expansion increases the area of the centre by more than 10%.

Response The purpose of Development Plans is to help organise and coordinate development on a site over a long period of time. While many DPOs do not allow for any development without a permit, this special 10% allowance recognises that long term expansion of the site based on a development plan may be years away, and it is in the best interests of the area to allow for some small expansion in the meantime. Allowing multiple small expansions would dilute the benefit of considered, long-term planning that the DPO enables.

Officers recommend maintaining the current position on cumulative 10% cap, and strengthening the language in the DPO to make this intent clearer and more enforceable (see change 11 in Appendix C).

c) Expanded Rowville Library

Summary Lend Lease support a future expansion of the library, but object to the requirement for a Section 173 Agreement detailing specifics of such an expansion as a prerequisite for approval of a new Development Plan. They suggest it should instead be a requirement for a permit related to the works for the redevelopment of the area where the library currently sits, which would occur after a Development Plan is approved.



Response Officers are working with Lend Lease (owners of Stud Park) to

explore options to achieve Council’s requirement for a larger library.

Officers recommend that Council continues to work with Lend Lease regarding the future expansion of the Rowville Library, and that this matter be reported to Council separately.

d) Public Transport Interchange

Summary Lend Lease generally support a future public transport interchange, but suggest moving the trigger for a Section 173 Agreement from the Development Plan phase to the permit phase (similar to the Library), which would limit their responsibility to replacing the existing interchange if and when the specific area of the existing bus facility is developed. This would likely have the effect of moving back planning and conceptual design of a new facility, as well as its delivery. Lend Lease have also requested reducing the specific requirements for a covered pedestrian link between the new interchange and the shopping centre as listed in the DPO, and softening language in the structure plan to allow for a future interchange to be funded from sources other than just the shopping centre owners.

Response Officers are working with Lend Lease to explore options to achieve Council’s requirement for a public transport interchange.

Officers recommend that Council continues to work with Lend Lease regarding the future public transport interchange, and that this matter be reported to Council separately.

e) Land Allowance for Future Rowville Rail Station

Summary Lend Lease have requested that the language requiring land allocation for the future Rowville Rail station be changed from ‘must have’ to ‘may have’ to exclude commitment of land, citing the current uncertainty around requirements for a future railway station.

Response Officers are working with Lend Lease and Public Transport Victoria to explore options to achieve Council’s requirement for accommodation of the future Rowville Rail line.

Officers recommend that Council continues to work with Lend Lease and Public Transport Victoria regarding the land allowance for the future Rowville Rail station, and that this matter be reported to Council separately.



2.3 Key Themes Raised in Submissions to Amendment C133 (Boronia)

Nineteen submissions were received to Amendment C133. A summary of all submissions and recommended responses is provided as Appendix E to this report. Where appropriate, submissions have been registered for consideration with regard to both Amendment C131 and C133. The following section provides a summary of the key themes identified through a review of the submissions.

In summary:

· Three submissions have been received which directly query the designation of sites as ‘Established Residential’ in Figure 1 of Clause 22.06 (local policy).

· The majority of submissions have broader concerns with the Boronia Structure Plan itself, rather than the changes proposed to the Planning Scheme proposed through Amendment C133.

2.3.1 ‘Established residential’ sites (identified in the Land Use Framework plan in the Boronia Structure Plan and Clause 22.06 of the Knox Planning Scheme)

Clause 22.06 of the Knox Planning Scheme includes Figure 1 - Land Use Framework Plan, which designates residential land in the Boronia Activity Centre as either ‘established’, ‘dispersed infill’, or ‘increased resident density’ residential. This map is already in the Knox Planning and was not changed as part of Amendment C133.

Summary Submitters request that their sites be changed from ‘established residential’ to ‘dispersed infill’, in line with surrounding properties. This request is based on a concern that the designation reduces development potential and that there appears to be no clear logic for the different designations within an area.

Response

The exhibition of Amendment C133 has revealed some possible inconsistencies in how residential areas have been designated as either ‘established’, ‘dispersed infill’ or ‘increased residential density’ residential. These areas were designated in the Boronia Structure Plan (Land Use Framework, page 15), adopted by Council in 2006. This map was subsequently included in Clause 22.06 (local policy) through Amendment C62 to the Knox Planning Scheme. Now that greater distinction is made between these areas through the wording in the local policy and DDO schedule, the content of this map has greater impact in decision making about residential development. Specifically, the new wording introduced specifies that apartments are not encouraged in Established Residential Areas.



Response (cont’d)

A review of this map has identified some sites that appear to be anomalies, where it would be logical to bring them into line with the surrounding area which has been identified as ‘Dispersed Infill Residential’. In the case of two of the three submissions, it is considered appropriate to make this change given the context of the sites in question. Refer to submissions 5, 6 and 9 in Appendix E. It is considered appropriate that, as part of the progression of Amendment C133, anomalies identified in the map be resolved so that individual sites and small clusters of sites are brought into line with the surrounding area. This does not include sites in Bambury Street, Elsie Street or Rubida Court, as these are clearly not anomalous sites. Officers recommend that Figure 1 in Clause 22.06 (Land Use Framework Map) be amended as shown in Appendix F to this report. Should Council resolve to make this change it is recommended that the amended map be attached to the Boronia Structure Plan as an addendum.

2.3.2 Boronia Structure Plan Summary A number of submitters to Amendment C133 see a need for a

review of the Boronia Structure Plan. Issues raised in these submissions refer to:

· the boundaries of the Activity Centre;

· building heights;

· heritage protection; and

· issues such as density and infrastructure needs. A number of submitters make reference to Council’s resolution in September 2011 that the Boronia Structure Plan should be reviewed after the Housing Policy Review project is complete (now known as the draft Knox Housing Strategy and Amendment C131).

Response Amendment C62 to the Knox Planning Scheme made changes to the Knox Planning Scheme to implement the Boronia Structure Plan. The Planning Panel relating to Amendment C62 made the following recommendation:

· Review the Boronia Structure Plan 2006 as part of the next planning scheme review required under Section 12B of the Planning & Environment Act 1987.



Response (cont’d)

In response to this recommendation Council resolved on 27 September 2011 to:

· Commence a review of the Boronia Structure Plan - Amendment C62 following completion of the Knox Housing Policy Review Project, to assess whether the Scheme provisions have been effective in achieving the objectives.

The Housing Review process is likely to be completed by late 2014/early 2015. While the Boronia Structure Plan was adopted by Council in 2006, the planning controls which implement the Plan were only introduced into the Knox Planning Scheme in early 2012. It is recommended that the Boronia-specific planning controls (and the proposed Housing Strategy) be allowed to operate for longer, prior to reviewing the Plan, to allow for a genuine assessment of how these controls have been operating. Officers recommend that a review of the Boronia Structure Plan be deferred until the 2016-17 calendar year for the reasons outlined above.

2.4 Next Steps

According to the Planning & Environment Act 1987, after considering a submission which requests a change to the Amendment, the Planning Authority must:

(a) change the Amendment in the manner requested; or (b) refer the submission to a panel appointed under Part 8; or (c) abandon the Amendment or part of the Amendment.

It is recommended that Council makes changes to the Amendment as outlined in Appendix C. As not all submitter issues have been resolved, it is further recommended that Amendments C131 and C133 and all submissions be referred to a Panel for consideration.

3. CONSULTATION

Public exhibition and consultation was undertaken during February and March 2014. During this time, 18 events were held which were attended by approximately 400 people. The exhibition period commenced with a municipal-wide mail out to 77,000 owners/occupiers and advertisements in local and community newspapers and online.



In addition to the community information sessions held in each suburb of Knox, targeted sessions were held to provide an opportunity for key stakeholders to receive information specific to their industry. A forum was held for developers and ‘frequent applicants’ (individuals who have applied for more than 3 planning permit applications in the last 12 months). This session included a presentation with information specifically relevant to the property development industry and an opportunity to ask questions to strategic and statutory planning staff. A specific session was held for aged-care providers during which information about the proposed new policy that was relevant to the aged-care industry was outlined and questions were answered. The final specific session was for internal Knox Council staff. These were held in the early morning at the Operations Centre and during lunchtime at the Civic Centre. The sessions were held at a convenient time for staff to make attendance as easy as possible, as there are a large number of Council staff who live in the municipality.

Throughout the exhibition period, a small number of meetings were held upon request with residents and community group leaders that required additional information and discussion. A number of meetings were also held with owners of strategic sites.

Approximately 600 enquiries were received by email, phone and in person. Three hundred and seventy-six (376) submissions were received to Amendment C131 and nineteen (19) to C133.

All submitters were advised of this report being presented at this Council meeting and of the likelihood of a Planning Panel being appointed to consider submissions. If Council decides to request the Planning Panel, the Panel will write to submitters asking whether they wish to appear in person. The Planning Panel hearing is likely to be held in the week of 25 August 2014.

Should Council agree to the recommended change, all landowners and occupiers who have properties referred to in Section 2.1.13 that should be in a Bush Suburban area but were erroneously omitted during the public exhibition period will be re-notified about the correct designation. These owners will be invited to make a late submission to be considered as part of the Panel process, if they wish. Similarly, the landowners and occupiers of Villa Maria, Cavalier and adjoining sites as outlined in Section 2.1.6 (c) will also be notified of the proposed rezoning to a Mixed Use Zone.

If Council agrees with officers’ recommendation to reduce the maximum building height in Local Living areas from 3 storeys/9 metres to 2 storeys/8 metres, all landowners and occupiers will be notified of this change and also invited to make a late submission to appear before the Panel, if they wish.



4. ENVIRONMENTAL/AMENITY ISSUES

The draft Housing Strategy, Design Guidelines and Amendment C131 are expected to have beneficial environmental impacts by reducing development intensity in Bush Suburban and Knox Neighbourhood areas, allowing more space for the retention and planting of canopy trees, and directing more development to areas well-serviced by public transport and other infrastructure in Local Living and Activity Areas.

With regard to the Rowville Plan area, consolidating the majority of new development in an area with good infrastructure and services while reducing development outside this area is environmentally beneficial.

They are also expected to have beneficial amenity impacts by ‘raising the bar’ on the design quality by applying specific design guidelines to new residential development.

Amendment C133 is expected to have beneficial environmental impacts by clarifying expected development intensities in some areas of the Boronia Activity Centre.

5. FINANCIAL & ECONOMIC IMPLICATIONS

The finalisation of the draft and final Housing Strategy, Design Guidelines. Rowville Plan, Amendment C131 and Amendment C133 is funded in the 2014-15 draft Council budget.

Further work on the Rowville Implementation Plan will progress as part of the Rowville Place Program. Consideration of the budget for this on-going work will form part of future budget considerations.

The draft Strategy seeks to limit development in Bush Suburban and Knox Neighbourhood areas, which accounts for 95% of residential land in Knox. The majority of landowners in both areas will not be able to develop their land for additional dwellings (approximately 78% in Bush Suburban and 70% in Knox Neighbourhood being limited to one dwelling only, whether existing or replacement). This will likely have financial consequences for many landowners whose land will have diminished development potential. More broadly, this may have implications for the local building industry, many of whom are Knox residents. The alternative view is that the proposed Strategy will seek to preserve the existing nature of the majority of residential development in the suburban context with high amenity, large backyards in a landscaped setting. There is still a very strong market for this housing type in Knox.



The draft Strategy may also impact on the revenue that Council currently collects via the public open space contribution required at subdivision stage (for subdivisions of 3+ dwellings). Given that the implementation of the Strategy will result in less development in the majority of residential areas (Bush Suburban and Knox Neighbourhood), the amount of public open space contributions that Council currently collects is likely to be reduced, at least in the short term. In the longer term, as development within the Local Living and Activity Areas increases, the open space contributions could be expected to increase again.

With regard to the Rowville Plan area, it is expected to support further future investment in this Activity Area.

6. SOCIAL IMPLICATIONS

The draft Strategy, draft Design Guidelines and Amendment C131 respond directly to residents’ valued aspects of Knox that contribute to its sense of place and belonging told to Council via the Knox@50 Community Engagement Program in 2012.

The draft Strategy supports the provision of a diversity of housing in well-serviced locations to better accommodate the housing needs of Knox residents at all stages of life.

The draft Strategy is the lead document for Council’s response to affordable housing as currently articulated in the Affordable Housing Action Plan.

Amendment C133 responds to community concerns stemming from policy conflicts relating to the north-eastern boundary of the Boronia Activity Centre.

With regard to the Rowville Plan area, the Plan and Amendment C131 seeks to strike a balance between competing views for this Activity Area.

7. RELEVANCE TO CITY PLAN 2013-17 (INCORPORATING THE COUNCIL PLAN)

The draft Strategy, Guidelines, Rowville Plan and Amendments C131 and C133 are consistent with and will implement the City Plan 2013-17, as outlined below:



City Plan 2013-2017 objectives

How this is proposed be achieved in the Knox Housing Strategy 2013

A diversity of housing choice is provided in appropriate locations.

§ Apply a scaled approach to housing development in Knox.

§ Support a greater diversity of housing types in terms of size, type, affordability and accessibility.

§ Seek to address the shortfall in Knox of smaller dwellings including one and two bedrooms dwellings.

§ Encourage housing development in locations which are well located, close to transport options, shops and services.

Residential development better responds to the community’s current and future needs, and allows people to ‘age-in-place’.

§ Encourage the development of smaller, well designed and accessible dwellings in locations which are well located, close to transport options, shops and services.

§ Support the development of aged care facilities which provide for a range of care levels on site.

Energy, water and waste efficient design is increased in residential, business and industry sectors and community facilities.

§ Encourage sustainable design features including water sensitive urban design in all developments.

§ Require Sustainable Design assessments for all developments of three or more dwellings.

Quality housing design in Knox is improved to better respond to neighbourhood identity and create a stronger sense of place.

§ Encourage better architectural design through the Residential Design Guidelines.

§ Minimise the loss of trees and backyard space in Bush Suburban and Knox Neighbourhood areas.

Protect and enhance the landscape and environmental values of natural areas of significance within the municipality.

§ Direct development away from Bush Suburban areas (Sites of Biological Significance).

§ Continue to value and protect the Dandenong Foothills and maintain its very low scale of change.

§ Encourage the planting of native and indigenous vegetation.



City Plan 2013-2017 objectives

How this is proposed be achieved in the Knox Housing Strategy 2013

Development recognises the significance of the natural environment respects the character of place and responds to neighbourhoods in an integrated and balanced manner.

§ Continue to develop integrated place-based plans.

8. CONCLUSION

This report provides a summary of and recommended responses to the issues raised in submissions to the draft Knox Housing Strategy 2013, draft Residential Design Guidelines, draft Rowville Plan 2013, and Planning Scheme Amendments C131 and C133. Amendment C131 is the proposed suite of planning controls for implementing the Strategy, Residential Design Guidelines and the Rowville Plan. Amendment C133 proposes some wording changes to the existing planning controls that apply to the Boronia Activity Centre.

This report recommends that Council consider all the submissions received, endorse the recommended changes to the Amendments and draft documents in response to both submissions and an internal review, and request the Minister for Planning to appoint a Planning Panel to consider both the submissions and proposed revised changes.

9. CONFIDENTIALITY


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

That Council:

1. Consider the submissions received in response to the draft Knox Housing Strategy 2013, draft Residential Design Guidelines, Rowville Plan, Amendment C131 and Amendment C133 to the Knox Planning Scheme as detailed in Appendix B;

2. Endorse the changes to the draft Knox Housing Strategy 2013, draft Residential Design Guidelines for the purposes of the independent Planning Panel as detailed in Appendix C;

3. Endorse the changes to the Rowville Plan 2013 for the purposes of the independent Planning Panel as detailed in Appendix C;



4. Adopt the recommendations detailed in the Amendment C131 Summary of Submissions document (Appendix B);

5. Endorse the changes to Amendment C133 detailed in Appendix F;

6. Request that the Minister for Planning appoint an independent Planning Panel to consider Amendments C131 and C133, all submissions received and the proposed revised changes as detailed in Appendix C (refer to 2, 3, 4 and 5 above); and

7. Authorise the Director – City Development to make minor changes to the Amendment documentation, draft Housing Strategy 2013, draft Residential Design Guidelines and adopted Rowville Plan 2013 prior to the Planning Panel, where changes do not affect the purpose or intent of the Amendment.

CARRIED UNANIMOUSLY

164 COUNCIL – CITY DEVELOPMENT 24 June 2014 Draft Knox Housing Strategy,

Rowville Plan & Planning Scheme Amendments C131 & C133

APPENDIX A – C131 - Map of Submissions

APPENDIX B – C131 – Summary of Submissions

APPENDIX C – C131 – List of Changes

APPENDIX D - C131 – Map of additional Bush Suburban sites

APPENDIX E - C133 – Summary of Submissions

APPENDIX F - C133 (Boronia) Recommended changes to Land Use Framework Map Clause 22.06

(circulated separately)

165 COUNCIL 24 June 2014

7. PUBLIC QUESTION TIME

Following the completion of business relating to Item 6, City Development, the business before the Council Meeting was deferred to consider questions submitted by the public. Question Time commenced at 8.14pm. The following questions were raised with Council:

Question 1 Knox Council has spent time, resources and capital on preparing Knox Council Kindergartens for Universal Access, what is your position and plan on the impending cuts?

Answer The Director - Community Services, Ms Kerry Stubbings responded that Council is aware of possible funding cuts and is committed to providing 15 hours of preschool per week. Ms Stubbings advised that Council's position is one of advocacy to State and Federal Members of Parliament and Ministers regarding maintaining funding arrangements. Ms Stubbings further advised that unless circumstances alter, funding is available until the end of 2015. Ms Stubbings advised that Council will need to adjust their programs if there is no alternate source of funding.

Question 2 Do you support your Kindergarten Teachers to lobby, rally and petition families against the Kindergarten cuts?

Answer The Director - Community Services, Ms Kerry Stubbings responded that Preschool staff will act at the direction of Council in line with Council Policies.

Question 3 Would Mr Kourambas reassure residents, that his officers will stress to developers, that the specifications for the various housing zones are expected standards - not just general guidelines that can be loosely applied, eg Private Open Space, Secluded Private Open Space, Number of canopy trees required, Setbacks prescribed. Would Mr Kourambas also reassure residents of Rowville that, by including the heavily developed east side of Stamford Cres. into the Local Living zone, it will not set a precedent in housing development, for the west side of Stamford Cres. and the other streets further west which are included in the Local Living zone.


7. Public Question Time (cont'd)

Answer The Director - City Development, Mr Angelo Kourambas responded that Council officers adhere to Council policies and regulations and that advice given to developers is consistent with these policies and regulations. Mr Kourambas advised that the draft housing strategy has been developed using an extensive planning and consultation process and has been adopted by Council tonight. If required, any future adjustments would be subject to further consultation and consideration by Council.

Question 4 New hard waste rule's. Hard waste placed on n/strip no pick-up request to Council.

Answer The Director - Engineering & Infrastructure, Dr Ian Bell responded that under the current scheduled hard waste service, residents put out their hard waste in three piles, general waste, metals and mattresses with the various piles being collected separately. Dr Bell advised that there sometimes was sometimes a delay in the pickup of mattresses under the current arrangements which are now finished. The new service from 1 July 2014 is the 'at call' service. Dr Bell encouraged all residents to report the illegal dumping of waste for investigation by Local Laws staff with the view of prosecuting the offender.

Question 5 The Federal Government has mentioned that local Councils be included in the expanded "Work for the Dole". Specifically around maintance (sic) of Parks. Does Council have a position on the expanded "Work for the dole"? If not, will Council develop a position?

Answer The Chief Executive Officer, Dr Graeme Emonson responded that at the present time the Federal Government has no firm advice of any Work for the Dole programs involving Local Government and until specific information is received by Council, Council is unable to take any formal position.

Question 6 What is the process to seek an ammendment (sic) to the height limit and housing density on blocks within the Boronia Activity area? Can this be included in the scope of C131?

Answer The Director - City Development, Mr Angelo Kourambas responded that the scope of the Housing Strategy did not include a significant review of the Boronia Structure Plan. Mr Kourambas advised the changes sought were to provide clarity in regards to the policy's existing objectives. Mr Kourambas advised that the planning provisions and height controls that apply around the school (St Josephs) have been made clearer and only encourages taller buildings along Boronia Road. Councillor Lockwood further advised that a minor planning amendment had recently been made which limits graduated development along Boronia Road and side streets such as Woodvale Road.

Question Time Concluded at 8.33pm.

167 COUNCIL – ENGINEERING & INFRASTRUCTURE 24 June 2014

FRIBERG WARD

8.1 BRYDEN DRIVE – PETITION FOR TRAFFIC DEVICES

SUMMARY: Senior Traffic Engineer – Sustainable Infrastructure (Deborah Wilding)

In response to a petition tabled at the March 2014 Council meeting, this report investigates residents’ requests for the installation of infrastructure to improve road safety along Bryden Drive, Ferntree Gully.

RECOMMENDATION

That Council

1. arranges for the installation of centre line marking and accompanying delineation measures at the bends in Bryden Drive, Ferntree Gully; and

2. advises the lead petitioner of the conclusions of this report.

1. INTRODUCTION

Council at its meeting on 25 March 2014 tabled a petition signed by 41 residents in relation to the management and safety of Bryden Drive, Ferntree Gully. The signatories represent 25 of 115 properties which have access from Bryden Drive as well as 9 property owners from other areas. The petitioners are requesting traffic devices and signage to minimise safety risks to residents and pedestrians along Bryden Drive.

2. DISCUSSION

2.1 Accident History

The request for traffic devices in Bryden Drive has come about following a traffic accident which occurred on 29 January, 2014 in which a south bound motorist failed to negotiate the bend in Bryden Drive at Lowan Court and crashed into the corner of the house at 7 Lowan Court.

Knox Police have provided information indicating that a medical condition of the driver may have contributed to the accident and not the road conditions.

In undertaking specific site investigations, it is common engineering practice to review all traffic related accidents which have occurred over the last 5 years. This is to check if there is a pattern to the type of accidents which may indicate the need for changes to the road conditions or infrastructure.

The State Accident Records which currently show accidents up to June 2013 do not indicate any other accidents along Bryden Drive in the last 5 years. There were however three accidents prior to 1998 at three different locations along Bryden Drive. None of the accidents were of a similar nature or indicated a pattern which could be addressed by changes to the road based infrastructure or conditions.

168 COUNCIL – ENGINEERING & INFRASTRUCTURE 24 June 2014 8.1 Bryden Drive – Petition for Traffic Devices (cont’d)

2.2 Traffic Conditions

Two traffic counts recording the volume and speed of vehicles were conducted on Bryden Drive in February 2014. The results from the traffic surveys are summarised in the following table.

Location of traffic count

Average two way week day 12 hour traffic

volume (7am-7pm)

Average two way 7 day 24 hour traffic

volume

85th percentile speed (km/h)

Outside 46 Bryden Drive 218 278 47.5 Outside 84 Bryden Drive 295 404 50.7

The 85th percentile speed (which is defined as the speed at or below which 85 percent of vehicles surveyed were travelling) is in line with the default speed limit of 50 km/hour.

Speed limit signage is not required in residential streets as all motorists should be aware of the road rules and travel at or below the default speed of 50 km/hour unless the road is otherwise signed. Speed limit signs are generally only installed in local streets where there is a change to a 40km/hour zone near a school.

The traffic volume was found to be below 450 vehicles per day which is a low volume for a residential street and indicates that the street is used predominantly by local residents.

2.3 Management of Requests for Traffic Devices

Council has developed a Local Area Traffic Management (LATM) Program to manage the installation of traffic devices in local streets. Each street is assessed and subsequently assigned a treatment priority consistent with published State Accident Records, speed surveys, traffic volumes, ‘on-road’ hazards and sociological needs. This method of ranking ensures that the streets experiencing the most severe conditions are allocated the highest priority for treatment. A minimum score of 20 points is required for inclusion on the priority list. There are currently fourteen (14) streets within the municipality listed on the program however there is no funding allocated for this program this financial year.

Traffic in Bryden Drive has been evaluated using the measures listed above, scoring 10 points and as such the street does not warrant inclusion on Council’s LATM program at this time. The Traffic and Transport Team will continue to monitor this street and if traffic circumstances change, the street will be assessed for inclusion in the LATM program.


Typically the installation of traffic calming devices does not deter irresponsible or hoon drivers, who often use traffic devices as a challenge and will speed up between them. Enforcement by police is often the only effective way to deal with these types of drivers and all residents are encouraged to phone the Dob-in-a-Hoon Line 1800 333 000 if irresponsible driving is observed.

2.4 Other Traffic Management Measures

A site inspection of the road did not reveal any unusual conditions for a local road. Bryden Drive is an access road (approx 8 metres wide) allowing for residential parking and through access. The road is curvilinear with three main bends. Lowan Court intersects with Bryden Drive at one of these bends. The street layout and location of the accident is shown in Appendix A. Street lighting is provided at regular intervals along the road, including each of the bends.

There is currently no centre line marking in Bryden Drive. Installing centre lines together with raised reflective pavement markers at the bends could enhance motorist’s awareness of the curves in the road.

3. CONSULTATION

The lead petitioner will be informed of the outcome of this report.


Council is seeking to continue to maintain a balance between the need for access, parking and amenity for the surrounding residents.

Traffic devices can have a negative impact on the streetscape by creating a visual clutter of signage and are unlikely to further reduce speeds, improve safety or residential amenity in this instance.


The cost of line marking can be accommodated within the existing budget.


In making decisions on the relative merit of installing traffic management devices, Council seeks to assess on balance the benefits of installing the devices against the potential impact caused. The local road network facilitates suitable and safe access from residential properties onto the wider network to encourage physical and social interaction within the community. Unwarranted traffic devices have the potential to adversely affect both access and amenity for local residents if implemented inappropriately.



Under the theme of ‘Vibrant and Sustainable Built and Natural Environments’, the Traffic and Transport team provides local traffic management advice. This ensures the community expectations for road safety is met through continuous improvements to the local road network.

8. CONCLUSION

Following consideration of the accidents, surveyed volume, speed and other traffic conditions on Bryden Drive, the installation of traffic devices along Bryden Drive is not warranted at this time.

Traffic volume and speed along Bryden Drive are within acceptable limits for a local road.

It is recommended that centreline marking with accompanying raised reflective pavement markers for delineation purposes be installed to enhance motorist awareness of the bends in Bryden Drive.

Bryden Drive will be monitored as part of the annual review of Council’s Local Area Traffic Management Program.

9. CONFIDENTIALITY

There are no confidentiality issues relating to this report.

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

That Council

1. arranges for the installation of centre line marking and accompanying delineation measures at the bends in Bryden Drive, Ferntree Gully; and

2. advises the lead petitioner of the conclusions of this report. CARRIED

171 COUNCIL – ENGINEERING & INFRASTRUCTURE 24 June 2014 APPENDIX A – Bryden Drive – Petition for Traffic Devices

Traffic count locations

Location of Accident on 28 January 2014

172 COUNCIL – ENGINEERING & INFRASTRUCTURE 24 June 2014 COUNCILLOR COOPER VACATED THE CHAMBER AT 8.35PM DURING DISCUSSION ON ITEM 8.2

ALL WARDS

8.2 COUNCIL POLICIES AND RELEVANT STANDARDS TO ENSURE PARENT AND CHILD FRIENDLY PUBLIC FACILITIES

SUMMARY: Coordinator - Facilities (Caroline Lintott)

This report is in response to a Call Up item from the 22 April, 2014 Council meeting. The report provides details regarding Council policies and relevant standards that apply to public facilities and amenities to ensure they are child and parent friendly.

RECOMMENDATION

That Council receives and notes this report in regard to parent and child friendly public facilities.

1. INTRODUCTION

At the 22 April, 2014 Council meeting, a Call Up item was received requesting a report be made available outlining Council policies and relevant standards that apply to public facilities and amenities to ensure they are child and parent friendly, and what can be done to improve these policies.

This report responds to this Call Up item.

2. DISCUSSION

2.1 Background

The Knox Public Toilet Plan which was adopted by Council on 27 February, 2007 was developed to improve the image and functionality of Council’s public toilets.

The Plan includes recommendations for design best practice when providing for new or upgraded public toilet facilities (Appendix A).

As part of the consultation process during the development of the Plan, one of the issues raised was the need to provide more family/unisex toilets and that the toilet design and locations should not discourage use by families, females and children.

As a result of the consultation process and other feedback received, Council’s Facilities Unit adopted a standard drawing for new toilet blocks, which may be modified to suit the needs of individual locations (Appendix B).

Items incorporated are: - Ensuring that safe and accessible toilets are provided; - Ensuring that parent friendly amenities are suitable for use by both male and

female carers; - Ensuring change tables are installed;

173 COUNCIL – ENGINEERING & INFRASTRUCTURE 24 June 2014 8.2 Council Policies and Relevant Standards to Ensure Parent and Child

Friendly Public Facilities (cont’d)

- Incorporating a drinking fountain externally to the toilet.

While the current Plan has flexibility in layout for individual locations, and incorporates some parent/child friendly principles, it could be modified to increase the focus on child friendly amenity.

The Plan was written when the focus was on improving the toilet itself, ie. safety, vandalism resistant, DDA compliance, maintenance, etc, with lesser focus upon child friendly amenity.

For example, it may be appropriate to have increased child friendly facilities in regional park facilities where high volumes of parents with children are expected.

This would require a review of the existing Plan with an increased focus on child friendly elements. This is considered appropriate given that the Plan was adopted in 2007.

2.2 Relevant Standards

For buildings, the ‘National Construction Code’ (formally the Building Code of Australia) is the governing standard for any new or redevelopment of existing buildings.

Relevant Australian Standards are embedded into the National Construction Code.

There is no standard within the National Construction Code that makes provision for child and parent friendly facilities. The only specific requirement is the accessibility standard (AS1428) which stipulates that access must be provided to all persons and must not deny access based on disability or impairment.

The National Construction Code makes reference to children’s toilets, but this is specific to Children’s Facilities and is not applicable to public buildings (eg. Pre-schools, Family Day Care).

Council has recently begun to incorporate ‘family friendly’ unisex accessible sanitary amenities, where practicable, within all new buildings and building upgrades, as well as public toilet facilities.

It is of note that any additional modification to the standard design to accommodate ‘child friendly’ additions, may cause the design to become non-compliant in relation to dedicated circulation spaces which are required under AS1428 and consequently, each modification would need to be considered on its merits and implications.



Any modifications would require pre-approval from the relevant building surveyor and access consultant. In addition, this could lead to an increase in the footprint of the facility to ensure that the circulation requirements of AS1428 are met. The average cost for modifications has not been quantified for the purpose of this report as each modification would be site specific and range in cost.

3. CONSULTATION

This report has been prepared in consultation with Council’s Building Surveyor.


Amenity may be improved if child and family friendly toilet facilities are increased. A number of key environmental issues are considered when upgrading toilet facilities, including waterless urinals, spring loaded tap ware, etc.


There are no immediate financial implications arising from this report, although any increase in service levels would result in additional costs.


Child and parent friendly amenities can increase both usage and levels of satisfaction. Currently, a level of parent and child facilities are provided depending on the purpose of the site.

It is also important to carefully consider the design of such facilities to ensure that current accessibility regulations are met.


This supports the theme of culturally rich and active communities with particular reference to:

1.2 Increase use of public spaces and infrastructure for the purposes of cultural expression and physical activity.

8. CONCLUSION

Overall, there is no governing regulation or standard that dictates the requirement for building owners to provide child and parent friendly amenities.



Council has developed the Knox Public Toilet Plan which provides recommendations for design best practice when designing new or upgraded public toilet facilities. As a result, a standard drawing is now being used incorporating these recommendations, which also provides a level of parent and child friendly amenity.

In the design of new or the redevelopment of existing public buildings (sports facilities, child care centres, etc), Council, where practicable, incorporates family friendly amenities. In addition, during the process of consultation, in the design phase, stakeholders are provided with the opportunity to influence the final design, without compromising accessibility requirements and taking into consideration the project budget.

Given the Plan was developed in 2007, it is considered timely for review to take into account contemporary approaches to parent and child friendly facilities – particularly where there are high levels of use.

9. CONFIDENTIALITY

This report contains no information of a confidential nature.

COUNCIL RESOLUTION MOVED: CR. GILL SECONDED: CR. COSSARI That Council: 1. receives and notes this report in regard to parent and child friendly

public facilities; and

2. develops a Public Toilet Management Policy based on contemporary approaches to parent and child friendly facilities, particularly where there are high levels of use and present it to the 2 September 2014 Issues Briefing meeting; and

3. refers a review of the Knox Public Toilet Plan 2007 to the 2015/16 Budget process.

CARRIED

186 COUNCIL – COMMUNITY SERVICES 24 June 2014 COUNCILLOR COOPER RETURNED TO THE CHAMBER AT 8.39PM DURING DISCUSSION ON ITEM 9.1

ALL WARDS

9.1 DRAFT CLOSED CIRCUIT TELEVISION (CCTV) POLICY AND PROCEDURE FOR KNOX CITY COUNCIL

SUMMARY: Coordinator Community Safety & Development (Lisette Pine)

This report presents a draft Closed Circuit Television (CCTV) Policy (see Appendix A) and Procedure (see Appendix B) for Council’s consideration. The Policy has been developed to provide direction for Council’s decision making process in relation to the installation of Closed Circuit Television (CCTV) systems in public places. The Policy also provides Council with the framework for the commissioning and ongoing management of CCTV systems including compliance with relevant legislation and the Policy has been informed by extensive research and from Council’s knowledge gained through managing the installation of four CCTV cameras in the Boronia shopping area.

The draft Policy was discussed at Council’s Issues Briefings in March and June 2014. Feedback from Councillors has been incorporated into the draft Policy.

RECOMMENDATION

That Council approve the Closed Circuit Television (CCTV) Policy (Appendix A) and Procedure (Appendix B).

1. INTRODUCTION

The installation and management of CCTV systems is relatively new for Local Government. Research and evaluation conducted by the Australian Institute of Criminology suggests it is still not clear how effective CCTV is in deterring or reducing crime. It can be an effective strategy in situational crime prevention at a local level, but only as one of a range of crime prevention strategies.

Evidence also suggests that the benefits of a CCTV system fade after a period of time, and that displacement may occur, that is, the crime may simply move to other areas away from the CCTV surveillance, or there may be a shift to different types of crime which are less susceptible to CCTV surveillance.

For these reasons, CCTV should be considered only as one part of an integrated crime prevention strategy and should be installed on a trial basis subject to rigorous evaluation as to its effectiveness.

Despite the extensive research into the mixed effectiveness of CCTV systems, they continue to gain broad community support from residents, private businesses, traders and other levels of Government. It is therefore deemed important that Council be in a position to have robust policy and procedures in place to support the decision making processes for the installation of CCTV systems in public places.

187 COUNCIL – COMMUNITY SERVICES 24 June 2014 9.1 Draft Closed Circuit Television (CCTV) Policy and Procedure for Knox

City Council (cont’d)

The development of Council’s CCTV Policy will ensure knowledge of good practice in CCTV implementation informs both the ongoing management of the CCTV system currently operated by Victoria Police in Boronia and any future CCTV projects. The Policy will also inform and support future decision making processes for Council including managing possible pressure from community and other levels of government to install CCTV systems as a response to a community safety issue.

2. DISCUSSION

2.1 Purpose of the CCTV Policy and Procedure

The purpose of this draft Policy is to provide Council with a framework for decision making in relation to proceeding or not with the installation of a CCTV system and the commissioning and ongoing management of CCTV systems in public places. The purpose of the draft Procedure is to provide a systematic process to guide a CCTV project with consideration of resourcing, commissioning, implementing and evaluating the effectiveness of the system.

The Policy directs an approach to support Council’s decision making process in relation to the best application for a CCTV system as a crime prevention tool. It outlines three main applications of CCTV systems:

· As a deterrent to committing a crime: Use of surveillance cameras as a criminal deterrent is most likely to succeed as part of a broader crime reduction strategy with active monitoring and where police are able to respond quickly to a developing incident;

· For criminal prosecution: The most effective application of surveillance cameras is as a forensic tool to identify the offender in a crime or to eliminate suspects; and

· To enhance community safety: The visible presence of surveillance cameras (particularly CCTV in public places) can enhance perceptions of safety within the community, which is constructive in developing public confidence and reducing the fear of crime.1

The above approaches should be seen collectively when considering the best application for a CCTV system and means that the most appropriate use for a system is as a crime prevention tool to support Victoria Police in their policing role.

1 Source: Guide to Developing CCTV for Public Safety in Victoria – Community Crime Prevention Unit Department of Justice August 2011



2.2 Policy and Procedure Overview

2.2.1 Policy

The proposed Policy acknowledges that overall Knox is a safe place to live, but that at the same time, there may be conditions that require crime prevention interventions that support overall crime reduction. A CCTV system may be a consideration under these circumstances together with other crime preventions initiatives.

If a CCTV system is to be an effective crime prevention tool then it must be carefully planned and integrated into the local area.

The draft Policy articulates an approach to the decision making process for Council as well as the resourcing, commissioning and ongoing management arrangements for a CCTV system between Council and Victoria Police.

2.2.2 Procedure

The procedure details a systematic process for the installation of a CCTV system following a decision by Council, with consideration for adequate resourcing, commissioning, and auditing a system in a public place.

A rigorous research process was undertaken to ensure the draft Policy and Procedure are aligned with ‘best practice’ and comply with the Victorian Charter of Human Rights and Responsibilities Act 2006.

3. CONSULTATION

The implementation of the Boronia CCTV project included the convening of a Boronia Community Safety and CCTV Project Committee (which included Victoria Police) to provide overall project support for Council. The Committee identified a need to develop a local CCTV Policy for Council to support any future projects.

Council’s Safer Communities Group was also consulted and contributed their expertise to the development of the draft Policy.

Other Councils, including Melbourne City Council, were consulted and informed the development of the draft Policy and indicated an interest in following Knox City Council’s lead with a similar CCTV policy development.

The draft Policy was discussed at Council’s Issues Briefings in March and June 2014. Feedback from Councillors has been incorporated into the draft Policy.




CCTV systems can have an impact on the visual amenity of a local area as the associated infrastructure can be significant including, additional lights, poles and signage. It follows that any consideration for the installation of a CCTV system needs to be planned and designed to reduce the impact as much as possible on the visual amenity of an area.


The costs of a CCTV system can be significant including the initial set up cost, recurrent operating costs, officer time and resources to manage and oversee a project.

For example, funding for the Boronia CCTV Project of $175,000 supported the installation of four cameras and associated infrastructure and a project officer for three days per week for approximately 12 months to manage the project.

As CCTV technology is rapidly changing it is expected that costs associated with updating systems will fluctuate as new technology becomes available. Due to the significant cost implications associated with a CCTV system it is critical that a methodical decision making process is followed by Council and this draft Policy aims to support such a process.

The draft Policy proposes that should Council support a CCTV system, resources to fully support the establishment of a CCTV system (installation and management) would be sought via external grant opportunities and not through Council’s capital works budget. Council would support the ongoing maintenance of the CCTV system.


The popularity of CCTV as a solution to local crime problems continues to gain traction across communities. It has broad support and is highly visible as a tangible response to crime problems. This suggests that the demand for CCTV is unlikely to abate. It therefore follows that a balanced approach to crime prevention interventions needs to be considered by Council in partnership with key stakeholders. As community expectations increase, it is expected this will impact on Council resources and require ongoing management of competing priorities.

By adopting a clear policy, Council will be well placed to manage requests and work collaboratively with the community to develop sustainable responses to crime issues at the local level.




The Knox City Plan 2013-2017 and Council Plan identifies the key directions and strategic objectives to achieve desired health and wellbeing outcomes for the Knox community.

The draft Policy is linked to the theme which is of particular relevance to community safety is: ‘Healthy Connected Communities’, which includes the aspiration: “a community where each member enjoys good health, both physically and mentally, feels safe, is connected to others………”

A key objective to achieving this aspiration under the City and Council Plan is: “A safe community with strong community connections and where learning and volunteering are valued and supported.”

8. CONCLUSION

The installation and maintenance of a CCTV system is one crime prevention strategy. It presents complex challenges in relation to the real costs, technical and legislative knowledge and ongoing management issues. Council has learnt from the installation of a CCTV system in the Boronia Shopping precinct. In the long term CCTV can do little to address long term crime prevention unless included as a part of an overall crime prevention strategy.

The draft CCTV Policy and Procedure therefore ensures knowledge of good practice in CCTV implementation is followed including guidance for Council for the preliminary decision making process. This will enable better management of requests to install CCTV systems from community and other levels of government as a response to community safety issues.

9. CONFIDENTIALITY

This report does not contain any confidential information.

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

That Council approve the Closed Circuit Television (CCTV) Policy (Appendix A) and Procedure (Appendix B). CARRIED

191 COUNCIL – COMMUNITY SERVICES 24 June 2014 Appendix A

KNOX POLICY

CLOSED CIRCUIT TELEVISION (CCTV) POLICY

Policy Number:

Directorate: Community Services

Approval by:

Responsible Officer:

Coordinator Community Safety and Development Team

Approval Date:

Version Number:

Review Date:

1. PURPOSE

The purpose of this policy is to provide direction for Council’s decision making process in relation to the installation of Closed Circuit Television (CCTV) systems in public places (as defined). The policy also provides Council with a framework for the commissioning and ongoing management of CCTV systems including the compliance with relevant legislation.

2. CONTEXT

CCTV as a crime prevention/detection tool is a relatively new approach being utilised by Local Government in partnership with Victoria Police. It is a specialised technology that is used in certain circumstances and can be an effective strategy in situational crime prevention at the local level. Research indicates that CCTV on its own can do little to address long term crime prevention and must be used with a suite of other crime prevention strategies to reduce or stop crime in a particular area. Evaluation of CCTV systems has indicated there are three main applications of CCTV systems that may be effective as crime prevention tools:

· As a deterrent to committing a crime: Use of surveillance cameras as a criminal deterrent is most likely to succeed as part of a broader crime reduction strategy with active monitoring and where police are able to respond quickly to a developing incident.

· For criminal prosecution: The most effective application of surveillance cameras is as a forensic tool to identify the offender in a crime or to eliminate suspects.

· To enhance community safety: The visible presence of surveillance cameras (particularly CCTV in public places) can enhance perceptions of safety within the community, which is constructive in developing public confidence and reducing the fear of crime. (Source: Guide to Developing CCTV for Public Safety in Victoria – Community Crime Prevention Unit Department of Justice August 2011)

192 COUNCIL – COMMUNITY SERVICES 24 June 2014 Appendix A Evaluation of programs exploring the crime reductive elements of CCTV has been unclear, however research suggests that CCTV is most useful in reducing or solving crime when there is an active police interest in using the evidence (AIC 2006). If CCTV is to be an effective crime prevention tool, then it must be carefully planned and integrated with other measures including appropriate signage which supports crime prevention interventions. It must also be carefully targeted, and comprehensively implemented, monitored and evaluated.

3. SCOPE

This Policy:

· Assists and directs Council’s decision making process in relation to the installation of CCTV systems in public places;

· Provides Council with criteria for the commissioning and ongoing management arrangements for CCTV systems in partnership with Victoria Police;

· Shall be applied in conjunction with the Closed Circuit Television (CCTV) Procedure, the Guide to Developing CCTV for Public Safety in Victoria and Closed Circuit Television in Public Places Guidelines.

4. REFERENCES

4.1 City Plan 2013-2017 Relationship with City Plan Objectives: · Healthy, Connected Communities · Vibrant and Sustainable Built and Natural Environment

4.2 Relevant Legislation · Information Privacy Act 2000 (Vic) · Surveillance Devices Act 1999 (Vic) · Information privacy Act 2000 · Public Records Act 1973 · Freedom of Information Act 1982 (Vic) · Evidence Act 2008 (Vic) · Australian Standards AS4806.1 -2006

4.3 Charter of Human Rights and Responsibilities Act 2006 (Vic) This Policy has been assessed in accordance with the Charter of Human Rights and Responsibilities Act 2006 and determined to be fully compatible with the human rights of citizens and visitors to Knox. With respect to this Policy, Knox City Council is complying with Section 38 of the Charter of Human Rights and Responsibilities Act which provides that “it is unlawful for a public authority to act in a way that is incompatible with a human right or, in making a decision, to fail to give proper consideration to a relevant human right.”

193 COUNCIL – COMMUNITY SERVICES 24 June 2014 Appendix A 4.4 Related Council Policies · Community Engagement Policy · Asset Management Policy

4.5 Related Council Procedures · Knox CCTV Procedures.

5. DEFINITIONS

Detail any definitions within the policy.

CCTV (Closed Circuit Television)

A surveillance system in which a number of cameras are connected through a closed circuit. The footage taken by the camera is sent via a transmission system to a television monitor or recorder located with Victoria Police. CCTV systems consist of cameras, monitors, recorders, interconnecting hardware and support infrastructure. (Source: closed circuit television in public places – Guidelines Vic. Ombudsman Nov 2012)

Public Place Any place to which to which the public has access as of right or by invitation, whether express or implied and whether or not a charge is made for admission to the place. A public place can include, but is not limited to, public street, public parks, public transport, railway stations, shopping centres, sports and recreation centres grounds, public schools, public halls, libraries, government buildings and office reception areas. (Source: Closed Circuit Television in Public Places – Guidelines Vic. Ombudsman Nov 2012)

6. COUNCIL POLICY

Council values that Knox is a safe place to live, and community members are proud to freely enjoy their local streets, parks and public places. From time to time identified public places will require crime prevention interventions that support overall crime reduction. In these circumstances a CCTV system may be a consideration along with a combination of other crime prevention initiatives. The following criteria will be applied when determining Council’s commitment to a CCTV project: · Council acknowledges that a CCTV system is an environmental crime prevention

tool. · Council will only install a CCTV system following a Council resolution (refer

section 7)

194 COUNCIL – COMMUNITY SERVICES 24 June 2014 Appendix A · Council will only install a CCTV system if used as a part of a suite of community

safety initiatives in an identified location. · All CCTV projects must be appropriately planned with clear objectives,

appropriately resourced and an evaluation framework developed. · Council will only support establishment of a CCTV system where the costs of

installation and management (including surveillance) are fully funded by other parties.

· Council will maintain the CCTV system infrastructure asset. · The operation and monitoring of any installed CCTV system will at all times

remain the responsibility of Victoria Police and Council will at all times remain the owner of the system.

· Council in partnership with Victoria Police will ensure any CCTV system is secure, has integrity and is compliant with all relevant legislation.

· Council will develop for each CCTV installation a Code of Practice and Memorandum of Understanding with Victoria Police to ensure compliance with relevant legislative requirements.

· In considering any CCTV proposal, Council will consider the financial and technical feasibility of the proposal, crime data relevant to the nominated location, relevant risks, and Council’s capacity to participate in the planning, installation and ongoing monitoring of the installation.

195 COUNCIL – COMMUNITIES SERVICES 24 June 2014 Appendix A 7: Council Decision Making Flow Chart in relation to a CCTV System This flow chart details the decision making process to support and guide Council determining any CCTV system proposal

CCTV System Proposal

VicPol Request

Council Officer Formulates Recommendation for Council consideration

Proposal referred to Knox Community Safety Advisory Committee for advice using the Policy Criteria outlined

in Section 6

Council Initiated Request

State or Federal Government

Funding Offer

Full External Funding Opportunity Available

Yes

State or Federal Government

Request Formal

Community Request

Report to Council for Consideration

Recommended to support proposal

Council Officer Formulates Recommendation for Council consideration

Not Recommended

Report to Council for Consideration

Proposal Supported by Knox Community Safety Advisory Committee

Yes No

No

196 COUNCIL – COMMUNITY SERVICES 24 June 2014 Appendix B

KNOX PROCEDURE

CLOSED CIRCUIT TELEVISION (CCTV) PROCEDURE

Procedure Number:

Directorate: Community Services

Approval by:

Responsible Officer:

Coordinator Community Safety and Development Team

Approval Date:

Version Number:

Review Date:

1. PURPOSE

The purpose of this procedure is to provide a framework for a systematic process to enable the resourcing, commissioning and implementing of a Closed Circuit Television (CCTV) project in a public place.

2. CONTEXT CCTV is specialised technology. This procedure supports and provides guidance to Council staff implementing a CCTV system in a public place.

3. SCOPE

· This procedure shall be applied when implementing an approved CCTV system in a public place.

· This procedure applies to the planning, scoping, installation, monitoring, auditing and evaluation of a CCTV system in a public place.

· This procedure shall be applied in conjunction with the Closed Circuit Television (CCTV) Policy, the Guide to Developing CCTV for Public Safety in Victoria and Closed Circuit Television in Public Places Guidelines.

· The technical and legal issues that may be relevant to establishing a CCTV system may require independent professional expertise to be obtained.

4. REFERENCES

4.1 City Plan 2013-2017 Relationship with City Plan Objectives:

· Healthy, Connected Communities · Vibrant and Sustainable Built and Natural Environment

197 COUNCIL – COMMUNITY SERVICES 24 June 2014 Appendix B 4.2 Relevant Legislation · Information Privacy Act 2000 (Vic) · Surveillance Devices Act 1999 (Vic) · Information Privacy Act 2000 · Public Records Act 1973 · Freedom of Information Act 1982 (Vic) · Evidence Act 2008 (Vic) · Australian Standards AS4806.1 -2006

4.3 Charter of Human Rights and Responsibilities Act 2006 (Vic) This Procedure has been assessed in accordance with the Charter of Human Rights and Responsibilities Act 2006 and determined to be fully compatible with the human rights of citizens and visitors to Knox. With respect to this Policy, Knox City Council is complying with Section 38 of the Charter of Human Rights and Responsibilities Act which provides that “it is unlawful for a public authority to act in a way that is incompatible with a human right or, in making a decision, to fail to give proper consideration to a relevant human right.”

4.4 Related Council Policies · Community Engagement Policy · Asset Management Policy · Knox Closed Circuit Television (CCTV) Policy 5. DEFINITIONS

Detail any definitions within the policy.

CCTV (Closed Circuit Television)

Means a surveillance system in which a number of cameras are connected through a closed circuit. The footage taken by the camera is sent to a television monitor or recorder located with Victoria Police. CCTV systems consist of cameras, monitors, recorders, interconnecting hardware and support infrastructure. (Source: closed circuit television in public places – Guidelines Vic. Ombudsman Nov 2012)

Public Place Means any place to which to which the public has access as of right or by invitation, whether express or implied and whether or not a charge is made for admission to the place. A public place can include, but is not limited to, public street, public parks, public transport, railway stations, shopping centres, sports and recreation centres grounds, public schools, public halls, libraries, government buildings and office reception areas. (Source: Closed Circuit Television in Public Places – Guidelines Vic. Ombudsman Nov 2012)

198 COUNCIL – COMMUNITY SERVICES 24 June 2014 Appendix B

CCTV Technical Expert

Means an external consultant with specialist CCTV technical expertise that can assist to prepare tender documents on appropriate CCTV Cameras independent of suppliers, and provide expert advice on location, installation and maintenance of CCTV equipment. (Guide to Developing CCTV for Public Safety in Victoria- Department of Justice Vic.)

Audit Committee Means the Knox City Council Audit Committee as defined by the Local Government Act 1989. The Committee’s purpose is to assist Councillors and Council Management in fulfilling their responsibilities in relation to accounting and reporting practices, management of risk, maintenance of internal controls, operation of good governance practices and facilitation of sound organisational ethics.

6. COUNCIL PROCEDURE

Implementing and maintaining a CCTV system will require the application of the Knox CCTV Policy, the Guide to Developing CCTV for Public Safety in Victoria and Closed Circuit Television in Public Places Guidelines.

The stages and components required for project delivery are outlined as follows: 6.1 Planning Stage The following are considerations for the planning stage of a CCTV system project and should be considered when preparing grant applications to ensure adequate resourcing of any CCTV project: · Allocate responsibility to a project officer to manage and direct the project. · Conduct a site analysis with consideration for current lighting installations, land

and infrastructure owners including Council, Utility Companies, Victorian Government and private property.

· Research and analyse the crime and crime patterns in the area. · Convene a community committee with relevant stakeholders such as local police,

traders, community groups and interested community members, to provide leadership, advice, support community engagement activities and oversee the implementation of the project.

· Conduct community engagement activities to gain a greater understanding of the impacts of crime on the local community.

· Develop clear evidence based objectives that can be evaluated over time to establish the effectiveness of the system.

199 COUNCIL – COMMUNITY SERVICES 24 June 2014 Appendix B · Convene a technical working group with Council staff and relevant stakeholders

who have expertise in: engineering including road and traffic infrastructure, Council assets, Risk Management, Governance, Victoria Police, electrical contractors and utility companies. This group will support the decision making process with regard to the location of the cameras and associated infrastructure to support the system.

· Engage an appropriately qualified and experienced CCTV Technical Expert who can support Council and the community committee to appropriately locate and select a system that is fit for purpose.

6.2 Scoping Stage The scoping stage should include a comprehensive analysis of each component of the system including: · A further environmental analysis of the proposed site with the technical working

group and community committee members that includes the level of residual lighting at the site to support night use of the cameras. This will also identify if any CCTV Licence agreements need to be developed between Council and other property owners.

· The most suitable cameras for the proposed sites which can include infrared capability for night use.

· The locations for appropriate signage to be installed with consideration for: o Clearly visible and readable signs to inform the public that cameras are in

operation and the purpose for such operation; and o Identify Knox City Council as the owner of the system and Victoria Police as

users of the CCTV system, including details of who to contact if there is a problem, inquiry or complaint.

· The development of appropriate operational processes in relation to the use, maintenance and data management of the CCTV system. This should include the roles and responsibilities of Knox City Council and Victoria Police. The following documents are required: o A Memorandum of Understanding between Victoria Police and Knox City

Council that details the agreed understanding between the parties for the operation, management, use and evaluation of the CCTV system;

o A Management of CCTV Footage Protocol that details procedures for the management of footage generated from the CCTV system;

o A Communication and Liaison Protocol that details the roles and responsibilities of each party for the CCTV system; and

o A Code of Practice for Knox City Council that identifies Council as the owner of the CCTV system and that Victoria Police is the owner of the recorded data and users of the CCTV system.

· During this stage it is critical to appropriately scope the set up cost of the CCTV system including the hardware, installation, maintenance, monitoring and operation prior to the tender process to select the preferred contractor to install the CCTV system.

200 COUNCIL – COMMUNITY SERVICES 24 June 2014 Appendix B 6.3 Installation Stage The installation of the CCTV system and associated hardware requires the project manager together with the CCTV Technical Expert to:

· Project manage the contractor during the construction phase of works; · Review required equipment for technical compliance with the specification; · Assist in acceptance testing and commissioning of the system; and · Assess the system for functionality and ensure the appropriate Victoria Police

personnel are trained to use the system and troubleshoot by the contractor. 6.4 Monitoring, Auditing and Evaluation Stage Following the installation of the system the ongoing monitoring, auditing and evaluation is required to maintain the highest integrity and public confidence in the network.

Monitoring: · Monitoring of the CCTV system will be conducted by Victoria Police as per the

Management of Victoria Police CCTV Footage Protocol. Audit: · Council shall be responsible for ensuring the management of the CCTV system

and its operation is audited every 2 years through Council’s Audit Committee. · Victoria Police shall ensure that the CCTV system records and processes are

included as part of the workplace inspections as required by the Victoria Police Manual.

· Council’s Community Safety and Development Team in partnership with Victoria Police will conduct the audit considering the below:

· Independent verification that operational objectives have been met; · Random audits of the access and data logs and the release and

destruction of recorded material; · Review and evaluate compliance with the CCTV Management of Footage

and Communication and Liaison Protocols; · Independent assessment of the CCTV operation’s financial management,

including a review of budgeted and real costs, operational costs, such as real time monitoring and system maintenance; and

· Inclusion of the audit results in CCTV evaluation reports. · A report will be prepared for consideration by Council’s Audit Committee.

201 COUNCIL – COMMUNITY SERVICES 24 June 2014 Appendix B The Audit Committee will be responsible for considering the CCTV Audit Report to ensure that:

· The management of the CCTV system ensures adherence to agreements, protocols and the applicable laws specified in this procedure in the operation of the CCTV;

· Public confidence in the CCTV system is promoted by ensuring its operations are transparent and subject to public scrutiny; and

· Recommendations are made as appropriate to the parties to improve the integrity of the CCTV system.

Evaluation: The CCTV system will be annually evaluated to establish whether the purposes of the system are being complied with and whether objectives are being achieved. This evaluation will include (but not be limited to): · An assessment of the impact upon crime in the identified area;

· An assessment of neighbouring areas without CCTV;

· The views and opinions of the public;

· The operation of the CCTV system protocols;

· Whether the purposes for which the system was established are still relevant; and

· Cost effectiveness.

Related Documents: This policy should be read in conjunction with the following documents: · Guide to Developing CCTV for Public Safety in Victoria – Community Crime

Prevention Unit Department of Justice August 2011 · Closed Circuit Television in Public Places Guidelines – Victorian Ombudsman

November 2012.

202 COUNCIL – COMMUNITY SERVICES 24 June 2014 COUNCILLOR MORTIMORE VACATED THE CHAMBER AT 8.40PM DURING DISCUSSION ON ITEM 9.2

ALL WARDS

9.2 DRAFT KNOX LEISURE PLAN 2014-2019

SUMMARY: Strategic Leisure Planner (Nicole Columbine)

This report presents to Council the draft Knox Leisure Plan (the Plan) 2014-2019 (see Appendix A) for consideration. The draft Plan has been developed based on extensive research and community consultation which occurred during the past 18 months. The draft Plan was discussed at a Council Meeting on 22 April 2014 and following this meeting was made available for any final feedback during May 2014. All feedback received has been considered and where appropriate incorporated into the draft Plan.

The draft Knox Leisure Plan 2014-2019 aligns with the Knox City Plan 2013-2017 (incorporating the Council Plan) and the Knox Community Health and Wellbeing Strategy 2013-2017.

RECOMMENDATION

That Council

1. Notes this report;

2. Adopts the Knox Leisure Plan 2014 - 2019 as provided in Appendix A of this report;

3. Advises relevant stakeholders, including all submitters, of Council’s decision; and

4. Notes that the implementation plan will be used to inform future business plans and the preparation of Council’s annual budgets and long term financial forecasting.

1. INTRODUCTION

Knox City Council plays a key role in the provision and facilitation of leisure opportunities for its residents. Council provides and maintains sustainable indoor and outdoor leisure facilities; liaises and supports sporting and other recreation clubs and directly provides and supports recreation programs.

Council dedicates a significant amount of physical, financial and human resources to performing this role. These resources include the planning, development and management of sports fields, parks, indoor leisure and aquatic centres, community centres, facility management staff and grants for facility development and to individuals.

203 COUNCIL – COMMUNITY SERVICES 24 June 2014 9.2 Draft Knox Leisure Plan 2014-2019 (cont’d)

It is important that maximum community benefit is derived from the application and use of Council resources. Therefore, it is critically important that Council regularly reviews the effectiveness of its leisure policies, practices and objectives and develops a strategic plan that ensures its priorities are aligned with community expectations, good practice and Council’s strategic priorities in the Knox City Plan 2013-2017 (incorporating the Council Plan) and the Knox Health and Wellbeing Strategy 2013 - 2017.

The project to develop a revised Leisure Plan is a Council Plan Action for 2014-15 and has been supported through a grant from the Victorian State Government.

2. DISCUSSION

2.1 Structure of the draft Plan

The draft Plan comprises the following key elements:

· Clear definitions of leisure and the relationship of the Leisure Plan to other Council plans;

· The findings of the consultation and research;

· The proposed leisure planning principles that will guide the future management and planning of leisure services and facilities;

· The proposed leisure areas that Council will focus on over the life of the Plan; and

· The actions that are recommended to be delivered over the life of the Plan to achieve the desired leisure and wellbeing outcomes for the Knox community.

2.2 Key Findings

Following extensive research that has taken place during the development of the draft Plan, the key findings from the research include:

· An active lifestyle should be viewed as part of every day; this includes the need for established social infrastructure and programs to support an active lifestyle;

· Technology should be used in delivering leisure services. Information provision, promotion of activities and services including up to date and comprehensive online/website options are critical;

· The nature of volunteerism is changing. Volunteers and volunteering is a focus including the involvement of young people and the sophistication in which training and volunteering is delivered into the future;

· Community Sporting Clubs are becoming more professional in their operations. This comes with higher expectations and, for some clubs will challenge their viability and also present opportunities for amalgamation;


· Sporting facility provision, maintenance and renewal should be well planned, sustainable and driven by established service levels within Council and influenced by sporting code requirements; and

· Major facility planning will be required for Council owned facilities such as Leisureworks and the Knox Regional Netball Centre in the short term and Rowville Community Centre in the medium term.

2.3 Leisure Planning Principles

The Plan includes key guiding principles and has identified six broad areas for action.

The Leisure Planning Principles are as follows:

· Principle 1 – Leisure and sport priorities

Council will continue to support all leisure and sport activities and groups but will have an increased focus on ‘active lifestyle’ opportunities.

· Principle 2 – Different motivations and needs

Council acknowledges people get involved in sport and leisure for often-different reasons and are looking for different options that cater for lifestyle demands.

· Principle 3 – Addressing the barriers to being active

Council recognises it can help minimise, but not necessarily remove barriers that prevent some members of the community from being active.

· Principle 4 – Partnerships

Council plays a key role in the provision of leisure and sport facilities and environments but requires support from other organisations and agencies to do this.

· Principles 5 – Planning our services

Council recognises that well integrated service planning is necessary in order to ensure all service requirements are identified and addressed, and service outcomes optimised.

· Principle 6 – Planning our urban and natural environments

Council recognises that urban and natural environments must be well integrated if the Council is to achieve desired active lifestyle outcomes.


· Principle 7 – Planning facilities

Council planning for facilities will:

o Consider construction, sustainable design and ongoing maintenance and operating costs;

o Generally be planned, designed and managed in a way that optimises use by the whole community(multi-purpose), and effectively integrates indoor and outdoor spaces;

o Be planned and designed in accordance with defined service levels and the sporting facility and development guidelines;

o Generally focus on providing ‘local’ and ‘municipal’ level needs over ‘regional’ level needs;

o Sometimes be planned and developed in conjunction with adjoining councils if this achieves favourable outcomes for Knox.

· Principle 8 – A practical and responsible service

The Council budget allocated to leisure services and facilities will be in consideration of a whole-of-Council approach integrating other Council service needs, and alternative funding opportunities.

The draft Plan uses a broad definition of leisure, recognising the extensive range of leisure, sport and active lifestyle activities people are involved in. However, the draft Plan has a focus on actions supporting ‘active leisure’.

The draft Plan identifies six key areas for Council attention over the next five years as follows: 1. Information provision and communication

eg improved on-line access to community information on active leisure options.

2. Club viability, volunteer support and partnerships eg club development and volunteer support initiatives.

3. Structured sport planning and trends analysis eg identifying key trends and gaps in provision/capacity for active leisure opportunities.

4. Service and facility planning, including standards and service levels eg reviews and planning for specific facilities, enhancing linkages with open space assets.


5. Health promotion and active living infrastructure eg explore opportunities for outdoor exercise/gym facilities, encouraging residents to form physical activity groups.

6. Targeted access initiatives eg encouraging increased participation of different cultural groups in active leisure activities.

The draft Plan has been developed using the five themes from the Knox City Plan 2013-2017 (incorporating the Council Plan) and the strategies and priorities from the Community Health and Wellbeing Strategy 2013-2017.

The implementation of the Leisure Plan will require various departments of Council to respond to different elements of the Plan.

It is recognised that Council may play a number of roles with regard to leisure including planning, direct service delivery, advocacy and partnership, leadership and innovation and information and referral.

Council’s role will vary depending on internal and external influencing factors, investment, availability of external funding and the capacity of the community to support the Plan’s priorities.

3. CONSULTATION

A thorough consultation process was undertaken as part of the Plan’s development. It included analysis of existing plans and strategy documents; a household survey of 300 residents; a local sporting clubs, sporting associations and schools survey; a surrounding Local Government Authorities survey; three community forums – general, youth and older adults; public submissions were also invited from the community; a Council staff workshop and follow up meetings with various teams; one-on-one interviews with Councillors; and interviews and discussions with internal and external sport and leisure stakeholders.

Councillors provided feedback at an Issues Briefing discussion on 2 April 2014. This feedback has been incorporated into the Plan.

The Plan was also made available for community comment during May 2014. During this time there were five community responses received. These responses in the final stage of consultation did not require any significant changes to the draft Plan. Feedback from community respondents is provided at Appendix B.

In addition to considering the input from the community, the final Plan has included improved reference to existing Council strategies where relevant.



A number of the actions within the Plan will address a range of environmental and amenity issues related to the provision of leisure services and social infrastructure.


The development of a new Knox Leisure Plan 2014-2019 has been undertaken using Council resources and a grant of $30k from the State Government.

Most of the recommended actions in the draft Plan can be implemented within existing resources. However, the full delivery of the Plan would have some additional cost implications for Council. Some would require consideration by Council in future budget processes as well as seeking external funding opportunities. Actions which would have additional costs outside the current Long Term Financial Forecast are highlighted in the Implementation Plan.


The development of the draft Plan and its subsequent actions will result in several positive community outcomes.

The draft Plan builds on research carried out for the previous Recreation Strategy (2004 – 2013) and for other Council planning documents such as the Health and Wellbeing Strategy, the Open Space Plan and the Community Safety Plan. In addition, the preparation of the Plan has involved surveys, workshops and interviews with residents, government agencies, the not-for-profit sector, peak leisure and sport associations, commercial providers, schools, surrounding councils, Knox City Councillors and Council staff.

It recognises the vast range of leisure activities that residents choose to be involved in, including activities such as walking and bike riding for exercise or relaxation; family play days and picnics in the park; participating in a local theatre production or choral group; playing competitive or social sport; playing card and other table games; or trekking or driving in the bush.

The draft Plan also recognises that leisure and sport choices may change over time and may be influenced by cultural, physical ability and financial considerations.

The draft Plan responds to Council’s aim to find ways to encourage residents to be more physically active, whether in their leisure time or as part of their daily work day or school day routine, and regardless of personal circumstances.



The draft Plan is directly linked to the Knox City Plan 2013-2017 (incorporating the Council Plan) through the five themes:

· Healthy and connected communities;

· Prosperous advancing economy;

· Vibrant and sustainable built and natural environments;

· Culturally rich and active communities; and

· Democratic and engaged communities.

The key related City Plan objectives include:

· The Knox community benefits from good health and wellbeing at all life stages;

· A safe community with strong community connections and where learning and volunteering are valued and supported;

· Improve local opportunities for people to live, work, learn and play in Knox;

· Improve the acceptance and valuing of diversity and difference in the Knox community; and

· Increase use of public spaces and infrastructure for the purpose of cultural expression and physical activity

The draft Plan has also been developed to incorporate the strategies and priorities from the Knox Community Health and Wellbeing Strategy 2013-2017.

8. CONCLUSION

The Knox Leisure Plan 2014–2019 brings together a review of the previous Knox Recreation Strategy 2004–2013 and provides a new document to guide the strategic direction of leisure services within the City of Knox for the next 5 years.

9. CONFIDENTIALITY

There are no issues of confidentiality associated with this report


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

That Council

1. Notes this report;

2. Adopts the Knox Leisure Plan 2014 - 2019 as provided in Appendix A of this report;

3. Advises relevant stakeholders, including all submitters, of Council’s decision; and

4. Notes that the implementation plan will be used to inform future business plans and the preparation of Council’s annual budgets and long term financial forecasting.

CARRIED

210 COUNCIL – COMMUNITY SERVICES 24 June 2014

Draft Knox Leisure Plan 2014-2019

(Appendix A)

Knox Leisure Plan 2014-2019 Community Feedback (Appendix B)


211 COUNCIL – CORPORATE DEVELOPMENT 24 June 2014 COUNCILLOR ORPEN REQUESTED LEAVE TO CONSIDER ITEM 10.2 BEFORE ITEM 10.1 ON THE AGENDA. LEAVE WAS GRANTED BY THE CHAIR. COUNCILLOR GILL VACATED THE CHAMBER AT 8.43PM DURING DISCUSSION ON ITEM 10.1 COUNCILLOR MORTIMORE RETURNED TO THE CHAMBER AT 8.44PM DURING DISCUSSION ON ITEM 10.1 COUNCILLOR GILL RETURNED TO THE CHAMBER AT 8.45PM DURING DISCUSSION ON ITEM 10.1 COUNCILLOR LOCKWOOD VACATED THE CHAMBER AT 8.57PM DURING DISCUSSION ON ITEM 10.1

ALL WARDS

10.1 CONSIDERATION OF SUBMISSIONS/ADOPTION OF PROPOSED 2014-15 ANNUAL BUDGET

SUMMARY: Manager – Finance (Jon Gorst)

Council has advertised the Proposed 2014-15 Annual Budget in accordance with relevant legislative requirements including the invitation to respond by way of a written submission under Section 223 of the Local Government Act. Council needs to formally determine whether to adopt the Proposed 2014-15 Annual Budget as advertised or to make amendments as appropriate.

The key components of the Proposed 2014-15 Annual Budget include the following initiatives that will bring major community benefit:

· The Budget proposes a Capital Works program of $30.611 million of which $23.465 is allocated to maintaining and renewing community assets. $7.146 million is to be invested in new and upgraded community assets.

· The Budget contains new operational initiatives funding of $1.392 million for 2014-15 to progress implementation of Council’s Vision and City Plan and to provide for future growth.

· Council is also committed to maintaining service delivery at 2013-14 levels to ensure that Council continues to meet community needs, with some selected services increasing to meet growing demand and legislative obligations.

212 COUNCIL – CORPORATE DEVELOPMENT 24 June 2014 10.1 Consideration of Submissions/Adoption of Proposed 2014-15 Annual

Budget (cont’d)

· The Budget proposes a rate increase of 5.47%. This reflects the increased cost of providing ongoing Council services with some service growth to meet demand, infrastructure renewal and the impact of legislative changes.

RECOMMENDATION

That Council

1. Note the submissions received in respect of the Proposed 2014-15 Annual Budget.

2. Endorse the Sub-Committee of Council’s responses to the submissions as shown at Appendix C of this report.

3. Thank the submitters and provide a written response in relation to all submissions received, notifying submitters of the decision and the reason for the decision.

4. Endorse the amendments to the proposed 2014-15 Annual Budget noted in Section 2.2 of this report.

5. Adopt the 2014-15 Annual Budget:

5.1 That upon considering all submissions and amendments, the Proposed 2014-15 Annual Budget annexed to this Recommendation (as Appendix A - "Knox City Council Proposed Budget 2014-15") be adopted by Council, with the following amendments:

a. The 2014-15 Budget and 2013-14 Forecast be amended to reflect recent advice on a change in timing of the Victoria Grants Commission (VGC) payment. The full annual allocation will now be paid in 2014-15, with no brought forward payment to be made in 2013-14. This approach is expected to continue. The proposed budget was originally premised on 50% of the annual VGC allocation (General Purpose Grant and the Local Road Funding Grant) being made in advance each year. This results in a decrease in the interest income budget of $0.091 million.

b. The 2014-15 Budget be amended to reflect recent advice that the annual Victoria Grants Commission (VGC) allocation will be frozen for a period of three years (from 2014-15 to 2016-17). This results in a decrease in the VGC income budget of $0.106 million.


Budget (cont’d)

c. The 2014-15 Budget be amended to reflect recent advice of a reduction in Council’s Home and Community Care (HACC) grant funding. This results in an income decrease of $0.137 million and an associated expenditure decrease of $0.194 million in 2014-15. (Overall decrease in net cost of HACC Program of $0.057 million).

d. The 2014-15 Budget be amended to reflect a decrease in Child Care fee and grant income of $0.196 million.

e. The 2014-15 Budget be amended to reflect an increase in Rate revenue of $0.194 million.

f. Inclusion of the following proposed fees for 2014-15:

· Pre-School Education - Recommended maximum annual

fee to be charged by a Preschool Committee per calendar year (includes a refundable $60.00 Working Bee Levy): 2014-15 (for 2015 Calendar year) $716.00

g. Amendments to the following proposed fees: · 2014-15 proposed fees for Rowville Tennis Pavilion:

2014-15 (Initially proposed 2014-15) $785.00 $1,524.00

· 2014-15 proposed fees for Child Care:

Per half day all Long Day Care (LDC) Centres 2014-15 (Initially proposed 2014-15) $55.85 $58.50 Per day (all centres) 2014-15 (Initially proposed 2014-15) $111.80 $117.15 Per week (all centres) 2014-15 (Initially proposed 2014-15) $547.00 $573.00


Budget (cont’d)

5.2 The Chief Executive Officer be authorised to give public notice of this decision to adopt the Budget, in accordance with section 130(2) of the Local Government Act 1989.

6. Amount Intended to be Raised

An amount of $100,974,317 (or such other amount as is lawfully raised as a consequence of this Resolution) be declared as the amount which Council intends to raise by general rates, a service rate and an annual service charge (both are described later in this Resolution), which amount is calculated as follows:

General Rates (1) $ 93,089,822 Annual Waste Service Charges $ 5,895,495 State Government Landfill Levy Service Rate $ 1,989,000

(1) excludes supplementary rates and Council’s Pension Rebate

General Rates

6.1 A general rate be declared in respect of the 2014-15 Financial Year.

6.2 It be further declared that the general rate be raised by the application of differential rates.

6.3 A differential rate be respectively declared for rateable land having the respective characteristics specified below, which characteristics will form the criteria for each differential rate so declared:

6.3.1 Vacant Land or Derelict Land (refer to Schedule A) Any land on which there is no building that is occupied or

adapted for occupation, or contains a building that is ordinarily adapted for occupation which is abandoned, unoccupied and in a very poor condition resulting from both disuse and neglect.

6.3.2. Retirement Village Land (refer to Schedule B) Any land which is used primarily for the purposes of a retirement village.

6.3.3 Commercial Land (refer Schedule C) Any land which is used primarily for commercial purposes.

6.3.4 Industrial Land (refer to Schedule D) Any land which is used primarily for industrial purposes.


Budget (cont’d)

6.3.5 Residential Land (refer to Schedule E) Any land which does not have the characteristics of Vacant or Derelict Land, Retirement Village Land or Commercial Land or Industrial Land.

6.4 Each differential rate will be determined by multiplying the Capital Improved Value of each rateable land (categorised by the characteristics described in paragraph 6.3 of this Resolution) by the relevant percentages indicated in the following table:

Category % Vacant Land or Derelict Land 0.5055 (of Capital Improved Value) Retirement Village Land 0.1896 (of Capital Improved Value) Commercial Land 0.4044 (of Capital Improved Value) Industrial Land 0.4044 (of Capital Improved Value) Residential Land 0.2528 (of Capital Improved Value)

6.5 It be recorded that Council considers that each differential rate will contribute to the equitable and efficient carrying out of Council functions, and that:

6.5.1 The respective objectives of each differential rate be those specified in the Schedules to this Resolution; and

6.5.2 The respective types or classes of land which are subject to each differential rate be those defined in the Schedules to this Resolution; and

6.5.3 The respective uses and levels of each differential rate in relation to those respective types or classes of land be those described in the Schedules to this Resolution; and

6.5.4 The relevant (a) uses of; (b) geographical locations of; and (c) planning scheme zonings of; and (d) types of buildings on

the respective types or classes of land be those identified in the Schedules to this Resolution.


Budget (cont’d)

6.6 In accordance with section 4 (4) of the Cultural and Recreational Lands Act 1963, the amounts in lieu of rates payable in respect of each rateable land to which that Act applies be the amounts respectively set out below:

Category % Cultural and Recreational Land 0.1643 (of Capital Improved Value)

Municipal Charge

6.7 No municipal charge to be declared in respect of the 2014-15 Financial Year.

Service Rates and Charges

Annual Service Charge

6.8 An annual service charge be declared in respect of the 2014-15 Financial Year.

6.9 The annual service charge be declared for the collection and disposal of refuse.

6.10 The annual service charge be in the sum of, and be based on the criteria, specified below:

6.10.1 Any land within Council's municipal district which is used primarily for commercial or industrial purposes: - $208.00 per service for each land, where the service

is requested by the owner of the land (or the agent of the owner) and is for collection and disposal of the contents of a bin at the frequency of once per week.

- $1,038.00 per service for each land, where the service is requested by the owner of the land (or the agent of the owner) and is for collection and disposal of the contents of a bin at the frequency of five times per week.

- $200.00 per annum for each office based premise, where the access to waste removal service is requested by the owner of the land (or the agent of the owner) at Dorset Square, Boronia.

- $597.00 per annum for each retail based premise, where the access to waste removal service is requested by the owner of the land (or the agent of the owner) at Dorset Square, Boronia.


Budget (cont’d)

- $1,789.00 per annum for each food based premise

less than 200 square metres, where the access to waste removal service is requested by the owner of the land (or the agent of the owner) at Dorset Square, Boronia.

- $4,173.00 per annum for each food based premise greater than 200 square metres, where the access to waste removal service is requested by the owner of the land (or the agent of the owner) at Dorset Square, Boronia.

6.10.2 Any land within Council's municipal district which is not rateable land: - $173.00 per service for each land, where the service

is requested by the owner of the land (or the agent of that owner) and is for collection and disposal of the contents of a 240 litre bin at the frequency of once per week.

- $866.00 per service for each land, where the service is requested by the owner of the land (or the agent of that owner) and is for collection and disposal of the contents of a bin at the frequency of five times per week.

- $138.00 per service for each land, where the service is requested by the owner of the land (or the agent of that owner) and is for the collection and disposal of the contents of a 120 litre bin at the frequency of once per week.

Service Rate and Annual Service Charge

6.11 A combination of a service rate and annual service charge be declared in respect of the 2014-15 Financial Year.

6.12 The combination of the service rate and annual service charge be declared for the collection and disposal of refuse.

6.13 The service rate and annual service charge be declared in respect of any land within Council's municipal district which is used primarily for residential purposes.

6.14 The:

6.14.1 Service rate in respect of each land be calculated by multiplying the Capital Improved Value of each land by .007445%; and


Budget (cont’d)

6.14.2 Annual service charge be in the following sums: - $43.00 per service for each land, where the service is

for a 120 litre bin used for the collection of domestic waste.

- $86.00 per service for each land, where the service is for the optional 240 litre bin for the collection of green waste.

- $204.00 for each additional 120 litre bin supplied in respect of the land for the collection of domestic waste.

- $71.00 for each additional 240 litre recycling container supplied in respect of the land.

Rebates & Concessions

7.1 It be recorded that Council grants a rebate to each owner of rateable land who is an "eligible recipient" within the meaning of the State Concessions Act 2004.

7.2 The rebate be in respect of each rateable land so owned, and be in an amount of $100.

7.3 The rebate described in paragraph 7.2 be granted to assist the proper development of the municipal district.

8. Incentives

No incentive be declared for early payment of the general rates, municipal charge and annual service charge previously declared.

9. Consequential

9.1 It be recorded that Council requires any person to pay interest on any amount of rates and charges to which:

9.1.1 That person is liable to pay; and

9.1.2 Have not been paid by the date specified for their payment.

9.2 The Chief Executive Officer be authorised to levy and recover the general rates, annual service charges and annual service rate in accordance with the Local Government Act 1989.


Budget (cont’d)

10. Annual Plan

Note that in accordance with s.125(7) of the Local Government Act 1989, the Council Plan has been reviewed, and has formed the basis for development of the proposed Annual Plan 2014-15. No changes have been made to the Council Plan this financial year.

11. Strategic Resource Plan

Note that in accordance with s.126 of the Local Government Act 1989, the Strategic Resource Plan 2014-15 has been developed, and is attached as Appendix B.

The following schedules form part of this resolution:


Budget (cont’d)

SCHEDULE A

VACANT LAND OR DERELICT LAND

Objective:

To ensure that all rateable land makes an equitable financial contribution to the cost of carrying out the functions of Council, including the:

1. Encouragement of development/and or improvement of land; and

2. Construction and maintenance of public infrastructure; and

3. Development and provision of health and community services; and

4. Provision of general support services; and

5. Requirement to ensure that Council has adequate funding to undertake its strategic, statutory, and service provision obligations. Types and Classes:

Rateable land having the relevant characteristics described in the Recommendation. Use and Level of Differential Rate:

The differential rate will be used to fund some of those items of expenditure described in the Budget adopted by Council. The level of the differential rate is the level which Council considers is necessary to achieve the objectives specified above. Geographic Location:

Wherever located within the municipal district. Use of Land:

Any use permitted under the relevant Planning Scheme. Planning Scheme Zoning:

The zoning applicable to each rateable land within this category, as determined by consulting maps referred to in the relevant Planning Scheme. Types of Buildings:

All buildings (where applicable) which are now constructed on the land or which are constructed prior to the expiry of the 2014-15 Financial Year.


Budget (cont’d)

SCHEDULE B

RETIREMENT VILLAGE LAND Objective:

To ensure that all rateable land makes an equitable financial contribution to the cost of carrying out the functions of Council, including the -


2. Development and provision of health & community services; and


4. Requirement to ensure that Council has adequate funding to undertake its strategic, statutory, and service provision obligations; and

5. Recognition of expenditures made by Council on behalf of the retirement village sector.

Types and Classes:






All buildings which are now constructed on the land or which are constructed prior to the expiry of the 2014-15 Financial Year.


Budget (cont’d)

SCHEDULE C COMMERCIAL LAND

Objective:

To ensure that all rateable land makes an equitable financial contribution to the cost of carrying out the functions of Council, including the - 1. Construction and maintenance of public infrastructure; and 2. Development and provision of health & community services; and 3. Provision of general support services; and 4. Enhancement of the economic viability of the commercial and industrial

sector through targeted programs and projects; and 5. Encouragement of employment opportunities; and 6. Promotion of economic development; and 7. Analysis, maintenance and construction of public drainage infrastructure;

and 8. Requirement to ensure that streetscaping and promotional activity is

complementary to the achievement of industrial and commercial objectives.

Types and Classes:


The differential rate will be used to fund some of those items of expenditure described in the Budget adopted by Council.

The level of the differential rate is the level which Council considers is necessary to achieve the objectives specified above. Geographic Location:






Budget (cont’d) SCHEDULE D

INDUSTRIAL LAND Objective:





4. Enhancement of the economic viability of the commercial and industrial sector through targeted programs and projects; and

5. Encouragement of employment opportunities; and

6. Promotion of economic development; and

7. Analysis, maintenance and construction of public drainage infrastructure; and

8. Requirement to ensure that streetscaping and promotional activity is complementary to the achievement of industrial and commercial objectives.

Types and Classes: Rateable land having the relevant characteristics described in the Recommendation. Use and Level of Differential Rate: The differential rate will be used to fund some of those items of expenditure described in the Budget adopted by Council. The level of the differential rate is the level which Council considers is necessary to achieve the objectives specified above. Geographic Location:

Wherever located within the municipal district. Use of Land: Any use permitted under the relevant Planning Scheme. Planning Scheme Zoning: The zoning applicable to each rateable land within this category, as determined by consulting maps referred to in the relevant Planning Scheme. Types of Buildings: All buildings which are now constructed on the land or which are constructed prior to the expiry of the 2014-15 Financial Year.


Budget (cont’d) SCHEDULE E

RESIDENTIAL LAND

Objective:





4. Requirement to ensure that Council has adequate funding to undertake it’s strategic, statutory, and service provision obligations.

Types and Classes:








Budget (cont’d)

1. INTRODUCTION

In accordance with section 127(1) of the Local Government Act 1989 (the Act), Council must prepare an Annual Budget for adoption each financial year.

At its meeting on 6 May 2014, Council resolved to advertise its Proposed 2014-15 Annual Budget, seeking submissions from interested parties. A Sub-Committee of Council comprising Councillors was established to consider submissions and to hear from any person or organisation wishing to be heard in support of their written submission.

Thirty-three submissions were received (which includes 4 late submissions) with 7 submitters requesting to be heard to support their submission at the meeting held on Wednesday 11 June 2014. Of the 33 submissions, 20 related to the proposed increase in Child Care fees.

Following the initial preparation of the Proposed 2014-15 Annual Budget by Council and having considered all submissions received from the community by a Sub-Committee of Council, and having complied with all relevant sections of the Act, Council is now in a position to consider the Proposed 2014-15 Annual Budget with or without any adjustments.

Also, in accordance with section 130(2) and 130(4) of the Act, Council must give public notice of its decision and forward a copy of the Annual Budget to the Minister for Local Government. The Proposed 2014-15 Annual Budget is included as Appendix A to this report and a full copy of all submissions have previously been distributed to Councillors under a separate cover.

2. DISCUSSION

2.1 Listing of Submissions Received

As indicated above, Council received 33 submissions (including 4 late submissions). All submissions were considered by the Committee delegated by Council on 11 June 2014.

A full list of submitters and the Council Committee Response is attached as Appendix C.


Budget (cont’d)

2.2 Amendments to the 2014-15 Annual Budget

2.2.1 Public Submissions

Following consideration of submissions received, and further deliberations by the Committee of Council, the following amendments are proposed to the Proposed 2014-15 Annual Budget as recommended by the Committee of Council:

· The proposed 10% increase in child care fees for 2014-15 be limited to a 5% increase. This results in a reduction in proposed child care income of $0.196 million in 2014-15.

The proposed amendments to the proposed child care fees are as follows:

· 2014-15 proposed fees for Child Care

Per half day all Long Day Care (LDC) Centres 2014-15 (Initially proposed 2014-15) $55.85 $58.50 Per day (all centres) 2014-15(Initially proposed 2014-15) $111.80 $117.15 Per week (all centres) 2014-15 (Initially proposed 2014-15) $547.00 $573.00

· The proposed fee for the Rowville Tennis Pavilion be amended following a review by Council Officers. The proposed fee was found to be in error and should be as follows:

2014-15 proposed fees for Rowville Tennis Pavilion: 2014-15 (Initially proposed 2014-15) $785.00 $1,524.00


Budget (cont’d)

2.2.2 Other Proposed Amendments

Proposed 2014-15 Operating Budget amendments as follows:

· The 2014-15 Budget and 2013-14 Forecast be amended to reflect recent advice on a change in timing of the Victoria Grants Commission (VGC) payment. The full annual allocation will now be paid in 2014-15, with no brought forward payment to be made in 2013-14. This approach is expected to continue. The proposed budget was originally premised on 50% of the annual VGC allocation (General Purpose Grant and the Local Road Funding Grant) being made in advance each year. This results in a decrease in the interest income budget of $0.091 million.

· The 2014-15 Budget be amended to reflect recent advice that the annual Victoria Grants Commission (VGC) allocation will be frozen for a period of three years (from 2014-15 to 2016-17). This results in a decrease in the VGC income budget of $0.106 million.

· The 2014-15 Budget be amended to reflect recent advice of a reduction in Council’s Home and Community Care (HACC) grant funding. Income decrease of $0.137 million and an associated expenditure decrease of $0.194 million in 2014-15. (Overall decrease in net cost of HACC Program of $0.057 million).

· The 2014-15 Budget be amended to reflect an increase in Rate revenue of $0.194 million.

Proposed 2014-15 fees and charges amendment as follows:

· Addition of Proposed 2014-15 Preschool fee (2015 calendar year):

Each year, representatives of Preschool Committees from across Council’s preschool services (Combined Preschool Committees Working Group) meet in May to discuss and recommend to Council a proposed Term Fee for the following preschool calendar year. This proposed fee recommended by the Combined Preschool Committee Working Party is sent to all of Council’s volunteer Preschool Committees for consideration and feedback. Once the proposed fee has been adopted by Council, individual families are notified through the August Update in the Enrolments process.

At the Combined Preschool Committees meeting held recently a decision was made to recommend an $18.00 increase in the maximum annual fee (a 2.58% increase). The decision to recommend this fee increase was taken after discussion and consideration regarding the increase in the cost of utilities and the need to balance rising costs with an acknowledgement of the limited capacity for some communities and committees to raise sufficient funds to meet any shortfall in expenses throughout the year.


Budget (cont’d)

This recommendation has been supported through a subsequent consultation process with all volunteer Preschool Committees.

In summary, the proposed maximum annual Preschool fee to be charged by a Preschool Committee per calendar year is to be increased for the 2015 year to $716.00 (up from $698.00 in 2014) (this includes a refundable $60.00 Working Bee Levy).

Families who are experiencing difficulties in paying fees may be eligible for a Preschool Fee Subsidy provided through the State Government. This subsidy covers both the Confirmation and Term Fees. Some families will not be eligible for this Subsidy but are able to arrange payment/instalment options for their preschool fees. Council manages these instalment arrangements on behalf of Committees in relation to Term Fees.

The net impact of all of the recommended changes above equates to a decrease of $0.142 million in the Operating Surplus.

3. CONSULTATION

In accordance with Section 129 of the Local Government Act 1989, Council publicly advertised the Proposed 2014-15 Annual Budget inviting the community to make online or written submissions. Advertisements were placed in The Age and the Knox Leader newspapers.

The Proposed 2014-15 Annual Budget has been available for inspection at the Civic Centre, Rowville Customer Services Centre and Knox Libraries within the municipality, and has also been available on Council’s website.


The Proposed 2014-15 Annual Budget recognises the leadership role Council has within the community to actively address the impacts of sustainability and to facilitate other levels of government and the community to act in a similar vein.


The Proposed 2014-15 Annual Budget, which is included as Appendix A to this report, is for the year 1 July 2014 to 30 June 2015 and is prepared in accordance with the Local Government Act 1989 and relevant Australian Accounting Standards.

The Proposed Annual Budget includes projected revenues and expenditures for the 2014-15 year prepared in accordance with relevant Acts and Regulations.


Budget (cont’d)

The Annual Budget includes budgeted statements being an Annual Budgeted Income Statement, Balance Sheet, Statement of Changes in Equity, Statement of Cash Flows, Capital Works Statement and Statement of Human Resources. These statements have been prepared for the year ended 30 June 2015 in accordance with Australian Accounting Standards and other mandatory professional reporting requirements and in accordance with relevant Acts and Regulations. It also includes detailed information about the rates and charges to be levied, the Capital Works Program to be undertaken and other financial information which Council requires in order to make an informed decision about the adoption of the Annual Budget.

The Proposed 2014-15 Annual Budget closely accords with the financial framework established by Council in its Long Term Financial Forecast and Rating Strategy and continues to address the infrastructure renewal challenge faced by both this Council and the Local Government sector.


The Proposed 2014-15 Annual Budget contains financial resourcing for a wide range of programs that deliver important social services to the Knox community. The Proposed 2014-15 Annual Budget is based on the principle of maintaining all services that are presently available to the community with some minor service growth to meet service demands and legislative changes.


It should be noted that the Proposed 2014-15 Annual Budget document contains Council’s Annual Plan for the 2014-15 financial year, which outlines the major activities and initiatives Council will undertake in 2014-15 to progress toward achievement of Knox’s Council Plan, published as part of Knox’s City Plan 2013-2017. The draft Annual Plan demonstrates close links with the City Plan 2013-17 (incorporating the Council Plan), following the same theme structure. The focus this year has been on developing specific initiatives for 2014-15 to progress the community toward achievement of the objectives of the City Plan 2013-17 (incorporating the Council Plan).

8. CONCLUSION

The 2014-15 Budget forms an integral part of Council’s overall strategic planning framework and endeavours to resource the directions that have been established in Knox’s Vision and City Plan. Council has established its four-year strategic direction in this latter document and developed actions to implement these directions, which flow directly through to this Budget.


Budget (cont’d)

9. CONFIDENTIALITY

This report does not contain confidential information.

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

That Council

1. Note the submissions received in respect of the Proposed 2014-15 Annual Budget.

2. Endorse the Sub-Committee of Council’s responses to the submissions as shown at Appendix C of this report.


4. Endorse the amendments to the proposed 2014-15 Annual Budget noted in Section 2.2 of this report.

5. Adopt the 2014-15 Annual Budget:

5.1 That upon considering all submissions and amendments, the Proposed 2014-15 Annual Budget annexed to this Recommendation (as Appendix A - "Knox City Council Proposed Budget 2014-15") be adopted by Council, with the following amendments:

a. The 2014-15 Budget and 2013-14 Forecast be amended to reflect recent advice on a change in timing of the Victoria Grants Commission (VGC) payment. The full annual allocation will now be paid in 2014-15, with no brought forward payment to be made in 2013-14. This approach is expected to continue. The proposed budget was originally premised on 50% of the annual VGC allocation (General Purpose Grant and the Local Road Funding Grant) being made in advance each year. This results in a decrease in the interest income budget of $0.091 million.

b. The 2014-15 Budget be amended to reflect recent advice that the annual Victoria Grants Commission (VGC) allocation will be frozen for a period of three years (from 2014-15 to 2016-17). This results in a decrease in the VGC income budget of $0.106 million.


Budget (cont’d)

c. The 2014-15 Budget be amended to reflect recent advice of a reduction in Council’s Home and Community Care (HACC) grant funding. This results in an income decrease of $0.137 million and an associated expenditure decrease of $0.194 million in 2014-15. (Overall decrease in net cost of HACC Program of $0.057 million).

d. The 2014-15 Budget be amended to reflect a decrease in Child Care fee and grant income of $0.196 million.

e. The 2014-15 Budget be amended to reflect an increase in Rate revenue of $0.194 million.

f. Inclusion of the following proposed fees for 2014-15:

· Pre-School Education - Recommended maximum

annual fee to be charged by a Preschool Committee per calendar year (includes a refundable $60.00 Working Bee Levy): 2014-15 (for 2015 Calendar year) $716.00

g. Amendments to the following proposed fees: · 2014-15 proposed fees for Rowville Tennis Pavilion:

2014-15 (Initially proposed 2014-15) $785.00 $1,524.00

· 2014-15 proposed fees for Child Care:

Per half day all Long Day Care (LDC) Centres 2014-15 (Initially proposed 2014-15) $55.85 $58.50 Per day (all centres) 2014-15 (Initially proposed 2014-15) $111.80 $117.15 Per week (all centres) 2014-15 (Initially proposed 2014-15) $547.00 $573.00


Budget (cont’d)

5.2 The Chief Executive Officer be authorised to give public notice of this decision to adopt the Budget, in accordance with section 130(2) of the Local Government Act 1989.

6. Amount Intended to be Raised

An amount of $100,974,317 (or such other amount as is lawfully raised as a consequence of this Resolution) be declared as the amount which Council intends to raise by general rates, a service rate and an annual service charge (both are described later in this Resolution), which amount is calculated as follows:

General Rates (1) $ 93,089,822 Annual Waste Service Charges $ 5,895,495 State Government Landfill Levy Service Rate $ 1,989,000

(1) excludes supplementary rates and Council’s Pension Rebate

General Rates

6.1 A general rate be declared in respect of the 2014-15 Financial Year.

6.2 It be further declared that the general rate be raised by the application of differential rates.

6.3 A differential rate be respectively declared for rateable land having the respective characteristics specified below, which characteristics will form the criteria for each differential rate so declared:

6.3.1 Vacant Land or Derelict Land (refer to Schedule A) Any land on which there is no building that is occupied

or adapted for occupation, or contains a building that is ordinarily adapted for occupation which is abandoned, unoccupied and in a very poor condition resulting from both disuse and neglect.

6.3.2. Retirement Village Land (refer to Schedule B) Any land which is used primarily for the purposes of a retirement village.

6.3.3 Commercial Land (refer Schedule C) Any land which is used primarily for commercial purposes.


Budget (cont’d)

6.3.4 Industrial Land (refer to Schedule D) Any land which is used primarily for industrial purposes.

6.3.5 Residential Land (refer to Schedule E) Any land which does not have the characteristics of Vacant or Derelict Land, Retirement Village Land or Commercial Land or Industrial Land.

6.4 Each differential rate will be determined by multiplying the Capital Improved Value of each rateable land (categorised by the characteristics described in paragraph 6.3 of this Resolution) by the relevant percentages indicated in the following table:

Category % Vacant Land or Derelict Land 0.5055 (of Capital Improved Value) Retirement Village Land 0.1896 (of Capital Improved Value) Commercial Land 0.4044 (of Capital Improved Value) Industrial Land 0.4044 (of Capital Improved Value) Residential Land 0.2528 (of Capital Improved Value)

6.5 It be recorded that Council considers that each differential rate will contribute to the equitable and efficient carrying out of Council functions, and that:

6.5.1 The respective objectives of each differential rate be those specified in the Schedules to this Resolution; and

6.5.2 The respective types or classes of land which are subject to each differential rate be those defined in the Schedules to this Resolution; and

6.5.3 The respective uses and levels of each differential rate in relation to those respective types or classes of land be those described in the Schedules to this Resolution; and

6.5.4 The relevant (a) uses of; (b) geographical locations of; and (c) planning scheme zonings of; and


Budget (cont’d)

(d) types of buildings on

the respective types or classes of land be those identified in the Schedules to this Resolution.

6.6 In accordance with section 4 (4) of the Cultural and Recreational Lands Act 1963, the amounts in lieu of rates payable in respect of each rateable land to which that Act applies be the amounts respectively set out below:

Category % Cultural and Recreational Land 0.1643 (of Capital Improved Value)

Municipal Charge

6.7 No municipal charge to be declared in respect of the 2014-15 Financial Year.

Service Rates and Charges

Annual Service Charge

6.8 An annual service charge be declared in respect of the 2014-15 Financial Year.

6.9 The annual service charge be declared for the collection and disposal of refuse.

6.10 The annual service charge be in the sum of, and be based on the criteria, specified below:

6.10.1 Any land within Council's municipal district which is used primarily for commercial or industrial purposes:

- $208.00 per service for each land, where the service is requested by the owner of the land (or the agent of the owner) and is for collection and disposal of the contents of a bin at the frequency of once per week.

- $1,038.00 per service for each land, where the service is requested by the owner of the land (or the agent of the owner) and is for collection and disposal of the contents of a bin at the frequency of five times per week.


Budget (cont’d)

- $200.00 per annum for each office based premise, where the access to waste removal service is requested by the owner of the land (or the agent of the owner) at Dorset Square, Boronia.

- $597.00 per annum for each retail based premise, where the access to waste removal service is requested by the owner of the land (or the agent of the owner) at Dorset Square, Boronia.

- $1,789.00 per annum for each food based premise less than 200 square metres, where the access to waste removal service is requested by the owner of the land (or the agent of the owner) at Dorset Square, Boronia.

- $4,173.00 per annum for each food based premise greater than 200 square metres, where the access to waste removal service is requested by the owner of the land (or the agent of the owner) at Dorset Square, Boronia.

6.10.2 Any land within Council's municipal district which is not rateable land:

- $173.00 per service for each land, where the service is requested by the owner of the land (or the agent of that owner) and is for collection and disposal of the contents of a 240 litre bin at the frequency of once per week.

- $866.00 per service for each land, where the service is requested by the owner of the land (or the agent of that owner) and is for collection and disposal of the contents of a bin at the frequency of five times per week.

- $138.00 per service for each land, where the service is requested by the owner of the land (or the agent of that owner) and is for the collection and disposal of the contents of a 120 litre bin at the frequency of once per week.

Service Rate and Annual Service Charge

6.11 A combination of a service rate and annual service charge be declared in respect of the 2014-15 Financial Year.


Budget (cont’d)

6.12 The combination of the service rate and annual service charge be declared for the collection and disposal of refuse.

6.13 The service rate and annual service charge be declared in respect of any land within Council's municipal district which is used primarily for residential purposes.

6.14 The:

6.14.1 Service rate in respect of each land be calculated by multiplying the Capital Improved Value of each land by .007445%; and

6.14.2 Annual service charge be in the following sums:

- $43.00 per service for each land, where the service is for a 120 litre bin used for the collection of domestic waste.

- $86.00 per service for each land, where the service is for the optional 240 litre bin for the collection of green waste.

- $204.00 for each additional 120 litre bin supplied in respect of the land for the collection of domestic waste.

- $71.00 for each additional 240 litre recycling container supplied in respect of the land.

Rebates & Concessions

7.1 It be recorded that Council grants a rebate to each owner of rateable land who is an "eligible recipient" within the meaning of the State Concessions Act 2004.

7.2 The rebate be in respect of each rateable land so owned, and be in an amount of $100.

7.3 The rebate described in paragraph 7.2 be granted to assist the proper development of the municipal district.

8. Incentives

No incentive be declared for early payment of the general rates, municipal charge and annual service charge previously declared.


Budget (cont’d)

9. Consequential

9.1 It be recorded that Council requires any person to pay interest on any amount of rates and charges to which:

9.1.1 That person is liable to pay; and

9.1.2 Have not been paid by the date specified for their payment.

9.2 The Chief Executive Officer be authorised to levy and recover the general rates, annual service charges and annual service rate in accordance with the Local Government Act 1989.

10. Annual Plan

Note that in accordance with s.125(7) of the Local Government Act 1989, the Council Plan has been reviewed, and has formed the basis for development of the proposed Annual Plan 2014-15. No changes have been made to the Council Plan this financial year.

11. Strategic Resource Plan

Note that in accordance with s.126 of the Local Government Act 1989, the Strategic Resource Plan 2014-15 has been developed, and is attached as Appendix B.

The following schedules form part of this resolution:


Budget (cont’d)

SCHEDULE A

VACANT LAND OR DERELICT LAND

Objective:

To ensure that all rateable land makes an equitable financial contribution to the cost of carrying out the functions of Council, including the:

1. Encouragement of development/and or improvement of land; and


3. Development and provision of health and community services; and


5. Requirement to ensure that Council has adequate funding to undertake its strategic, statutory, and service provision obligations. Types and Classes:






All buildings (where applicable) which are now constructed on the land or which are constructed prior to the expiry of the 2014-15 Financial Year.


Budget (cont’d)

SCHEDULE B

RETIREMENT VILLAGE LAND Objective:





4. Requirement to ensure that Council has adequate funding to undertake its strategic, statutory, and service provision obligations; and

5. Recognition of expenditures made by Council on behalf of the retirement village sector.

Types and Classes:








Budget (cont’d)

SCHEDULE C COMMERCIAL LAND

Objective:

To ensure that all rateable land makes an equitable financial contribution to the cost of carrying out the functions of Council, including the - 1. Construction and maintenance of public infrastructure; and 2. Development and provision of health & community services; and 3. Provision of general support services; and 4. Enhancement of the economic viability of the commercial and industrial

sector through targeted programs and projects; and 5. Encouragement of employment opportunities; and 6. Promotion of economic development; and 7. Analysis, maintenance and construction of public drainage infrastructure;

and 8. Requirement to ensure that streetscaping and promotional activity is

complementary to the achievement of industrial and commercial objectives.

Types and Classes:


The differential rate will be used to fund some of those items of expenditure described in the Budget adopted by Council.

The level of the differential rate is the level which Council considers is necessary to achieve the objectives specified above. Geographic Location:






Budget (cont’d) SCHEDULE D

INDUSTRIAL LAND Objective:





4. Enhancement of the economic viability of the commercial and industrial sector through targeted programs and projects; and

5. Encouragement of employment opportunities; and

6. Promotion of economic development; and

7. Analysis, maintenance and construction of public drainage infrastructure; and

8. Requirement to ensure that streetscaping and promotional activity is complementary to the achievement of industrial and commercial objectives.

Types and Classes: Rateable land having the relevant characteristics described in the Recommendation. Use and Level of Differential Rate: The differential rate will be used to fund some of those items of expenditure described in the Budget adopted by Council. The level of the differential rate is the level which Council considers is necessary to achieve the objectives specified above. Geographic Location:

Wherever located within the municipal district. Use of Land: Any use permitted under the relevant Planning Scheme. Planning Scheme Zoning: The zoning applicable to each rateable land within this category, as determined by consulting maps referred to in the relevant Planning Scheme. Types of Buildings: All buildings which are now constructed on the land or which are constructed prior to the expiry of the 2014-15 Financial Year.


Budget (cont’d) SCHEDULE E

RESIDENTIAL LAND

Objective:





4. Requirement to ensure that Council has adequate funding to undertake it’s strategic, statutory, and service provision obligations.

Types and Classes:







CARRIED

243 COUNCIL – CORPORATE DEVELOPMENT 24 June 2014

Consideration of Submissions/Adoption

of Proposed 2014-15 Annual Budget

Appendix A – proposed Knox Budget

Appendix B – Proposed Strategic Resource Plan

Appendix C - Council’s responses to the submissions


244 COUNCIL – CORPORATE DEVELOPMENT 24 June 2014 COUNCILLOR LOCKWOOD RETURNED TO THE CHAMBER AT 9.00PM DURING DISCUSSION ON ITEM 10.2

ALL WARDS

10.2 ADOPTION OF LONG TERM FINANCIAL FORECAST AND RATING STRATEGY 2014-15 TO 2018-19

SUMMARY: Manager – Finance (Jon Gorst)

Council has advertised the Proposed Long Term Financial Forecast and Rating Strategy 2014-15 to 2018-19 (LTFF) and the Proposed 2014-15 Annual Budget including the invitation to respond by way of a written submission. There were a total of 33 submissions on the Proposed Long Term Financial Forecast and Rating Strategy 2014-15 to 2018-19 (LTFF) and the Proposed 2014-15 Annual Budget.

Council needs to formally determine whether to adopt the Proposed LTFF as advertised or to make amendments as appropriate.

The LTFF provides a financial framework to facilitate the delivery of the outcomes expressed in Council’s Vision and the City Plan 2013-17 (incorporating the Council Plan).

The LTFF is reviewed on an annual basis. This LTFF was reviewed during April 2014 and takes into account the forecast 2013-14 position and the proposed 2014-15 Budget.

RECOMMENDATION

That Council

1. Note the submissions received in respect of the proposed Long Term Financial Forecast and Rating Strategy 2014-15 to 2018-19 (LTFF).

2. Endorse the Sub-Committee of Council’s responses to the submissions contained as Appendix B of this report.


4. That upon considering all submissions and amendments, the Proposed LTFF annexed to this Recommendation (as Appendix A - "Proposed Long Term Financial Forecast and Rating Strategy 2014-15 to 2018-19 (LTFF)") be adopted by Council, with the following amendments:

245 COUNCIL – CORPORATE DEVELOPMENT 24 June 2014 10.2 Adoption of Long Term Financial Forecast and Rating Strategy

2014-15 to 2018-19 (cont’d)

a. The LTFF be amended to reflect recent advice on a change in timing of the Victoria Grants Commission (VGC) payment. The full annual allocation will now be paid in the relevant financial year, with no brought forward payment to be made. This approach is expected to continue. The proposed LTFF was originally premised on 50% of the annual VGC allocation (General Purpose Grant and the Local Road Funding Grant) being made in advance each year. This results in a decrease in the interest income budget in each year of the LTFF due to the later timing of annual payments ($0.091 million decrease from 2014-15).

b. The LTFF be amended to reflect recent advice that the annual Victoria Grants Commission (VGC) allocation will be frozen for a period of three years (from 2014-15 to 2016-17). The results in a decrease in the annual VGC income budget ($0.106 million decrease from 2014-15).

c. The LTFF be amended to reflect recent advice of a reduction in Council’s Home and Community Care (HACC) grant funding. This results in an income decrease of $0.137 million and an associated expenditure decrease of $0.194 million in 2014-15. (Overall decrease in net cost of HACC Program of $0.057 million from 2014-15.)

d. The LTFF be amended to reflect a decrease in Child Care fee and grant income ($0.196 million decrease from 2014-15).

e. The LTFF be amended to reflect an increase in Rate revenue ($0.194 million increase from 2014-15).

1. INTRODUCTION

The Long Term Financial Forecast and Rating Strategy (LTFF) is reviewed on an annual basis. It is recommended best practice to formally adopt a Long Term Financial Forecast and Rating Strategy. The proposed LTFF was placed on public display inviting submissions from the community. There were a total of 33 submissions on the Proposed Long Term Financial Forecast and Rating Strategy 2014-15 to 2018-19 (LTFF) and the Proposed 2014-15 Annual Budget.

The proposal is to adopt the LTFF included as Appendix A to this report along with the recommended amendments.


2014-15 to 2018-19 (cont’d)

2. DISCUSSION

2.1 Highlights

The following summarises the main features of the Long Term Financial Forecast and Rating Strategy (LTFF).

The LTFF presents a sustainable financial framework. The key points to note are that annual Underlying Surpluses are forecast for the life of this LTFF. This is a key measure of financial sustainability and ensures that sufficient revenue is being generated to fund operations and asset renewal.

The Conversion to Cash Surplus/(Deficit) Statement shows that the LTFF forecasts a return to an accumulated cash surplus position in 2014-15. This is a significant achievement after the utilisation of $4.200 million of internal financing (cash reserves) to assist in the payment of the $11.583 million Defined Benefits Superannuation call in 2013-14.

A return to an accumulated cash surplus position in the Conversion to Cash Surplus method detailed at Appendix A ensures that Council’s current asset base fully covers the liabilities and equity required for the balances of Payables, Trust Funds, Employee Benefits, and Council Reserve funds.

The key challenges confronting Local Government including the financial impacts of legislative changes and increasing legislative requirements have been factored into this LTFF, including Council’s landfill rehabilitation reserve requirements and further legislative changes to child/staff ratios within Council’s childcare and pre-school services.

This LTFF also incorporates funding to enable Council to progressively implement the objectives of the Council’s Vision and City Plan and allows for the operational requirements for the recently opened Bayswater Library and Birch Street Children and Family Centre in Bayswater.

Capital expenditure is forecast to increase over the life of the LTFF ensuring that the rate of community asset renewal funding matches the rate of asset deterioration.


2014-15 to 2018-19 (cont’d)

2.2 Amendments to the Long Term Financial Forecast and Rating Strategy 2014-15 to 2018-19

2.2.1 Public Submissions

At its meeting on 6 May 2014, Council resolved to advertise its Proposed Long Term Financial Forecast and Rating Strategy 2014-15 to 2018-19 (LTFF) and the Proposed 2014-15 Annual Budget, seeking submissions from interested parties. A Sub-Committee of Council comprising Councillors was established to consider submissions and to hear from any person or organisation wishing to be heard in support of their written submission.

There were a total of 33 submissions on the Proposed Long Term Financial Forecast and Rating Strategy 2014-15 to 2018-19 (LTFF) and the Proposed 2014-15 Annual Budget.

A full list of submitters and the Council Committee response is attached as Appendix B.

Following consideration of submissions received, and further deliberations by the Committee of Council, the following amendments are recommended to the Proposed Long Term Financial Forecast and Rating Strategy 2014-15 to 2018-19 (LTFF) and the Proposed 2014-15 Annual Budget as recommended by the Committee of Council:

· The proposed 10% increase in child care fees in 2014-15 be limited to a 5% increase. This results in a reduction in proposed child care income of $0.196 million from 2014-15.

2.2.2 Other Proposed Amendments

· The LTFF be amended to reflect recent advice on a change in timing of the Victoria Grants Commission (VGC) payment. The full annual allocation will now be paid in the relevant financial year, with no brought forward payment to be made. This approach is expected to continue. The proposed LTFF was originally premised on 50% of the annual VGC allocation (General Purpose Grant and the Local Road Funding Grant) being made in advance each year. This results in a decrease in the interest income budget in each year of the LTFF due to the later timing of annual payments ($0.091 million decrease from 2014-15).


2014-15 to 2018-19 (cont’d)

· The LTFF be amended to reflect recent advice that the annual Victoria Grants Commission (VGC) allocation will be frozen for a period of three years (from 2014-15 to 2016-17). The results in a decrease in the annual VGC income budget ($0.106 million decrease from 2014-15).

· The LTFF be amended to reflect recent advice of a reduction in Council’s Home and Community Care (HACC) grant funding. Income decrease of $0.137 million and an associated expenditure decrease of $0.194 million in 2014-15. (Overall decrease in net cost of HACC Program of $0.057 million from 2014-15).

· The LTFF be amended to reflect an increase in Rate revenue of 5.47% in 2014-15 (up from the proposed increase of 5.25%). This represents a $0.194 million increase from 2014-15.

3. CONSULTATION

The LTFF consultation process involved publicly advertising the availability of the document and inviting the community to make written submissions. Documents were available for inspection from the Civic Centre, Rowville Customer Service Centre and Libraries within the municipality.


The LTFF recognises the leadership role Council has within the community to actively address the impacts of sustainability and to facilitate other levels of government and the community to act in a similar vein.


This LTFF provides a sound financial framework which achieves and maintains financially sustainable underlying operational surpluses with rate and fee increases that are both manageable and sustainable. This LTFF increases Council’s financial commitment to community asset renewal and maintenance of community assets, maintains a strong cash position for financial sustainability, and ensures that loan borrowings are both maintained and serviced at a sustainable level.


The LTFF contains financial resourcing for a wide range of programs that deliver important community services to the Knox community.


2014-15 to 2018-19 (cont’d)


The City Plan 2013-17 (incorporating the Council Plan) is resourced through the LTFF. The LTFF provides the financial framework for development of Council’s Annual Plan and Budget, which are implemented through the annual business planning process.

Council also ensures that it is contributing towards meeting its objectives under Theme 5 of the City Plan 2013-17: Democratic and Engaged Communities. Council manages assets and financial resources on behalf of the community in a responsible and sustainable manner.

8. CONCLUSION

The Long Term Financial Forecast and Rating Strategy (LTFF) forms an integral part of Council’s overall strategic planning framework and endeavours to resource the directions that have been established in the Knox Vision and the City Plan 2013-17 (incorporating the Council Plan). The LTFF is a key informing document for future decision making.

The LTFF is a means of ensuring the objectives of Council are matched by an appropriate resource plan at that point in time. The LTFF is revised annually to ensure ongoing alignment with Council’s four year Council Plan for the community.

In addition to acting as a resource plan, the LTFF further endeavours to establish a prudent and sound sustainable financial framework to achieve Council’s planned outcomes and to ensure that Council complies with the sound financial management principles, as required by the Local Government Act (1989).

9. CONFIDENTIALITY



2014-15 to 2018-19 (cont’d)

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

That Council

1. Note the submissions received in respect of the proposed Long Term Financial Forecast and Rating Strategy 2014-15 to 2018-19 (LTFF).

2. Endorse the Sub-Committee of Council’s responses to the submissions contained as Appendix B of this report.


4. That upon considering all submissions and amendments, the Proposed LTFF annexed to this Recommendation (as Appendix A - "Proposed Long Term Financial Forecast and Rating Strategy 2014-15 to 2018-19 (LTFF)") be adopted by Council, with the following amendments:

a. The LTFF be amended to reflect recent advice on a change in timing of the Victoria Grants Commission (VGC) payment. The full annual allocation will now be paid in the relevant financial year, with no brought forward payment to be made. This approach is expected to continue. The proposed LTFF was originally premised on 50% of the annual VGC allocation (General Purpose Grant and the Local Road Funding Grant) being made in advance each year. This results in a decrease in the interest income budget in each year of the LTFF due to the later timing of annual payments ($0.091 million decrease from 2014-15).

b. The LTFF be amended to reflect recent advice that the annual Victoria Grants Commission (VGC) allocation will be frozen for a period of three years (from 2014-15 to 2016-17). The results in a decrease in the annual VGC income budget ($0.106 million decrease from 2014-15).

c. The LTFF be amended to reflect recent advice of a reduction in Council’s Home and Community Care (HACC) grant funding. This results in an income decrease of $0.137 million and an associated expenditure decrease of $0.194 million in 2014-15. (Overall decrease in net cost of HACC Program of $0.057 million from 2014-15.)


2014-15 to 2018-19 (cont’d)

d. The LTFF be amended to reflect a decrease in Child Care fee and grant income ($0.196 million decrease from 2014-15).

e. The LTFF be amended to reflect an increase in Rate revenue of 5.47% in 2014-15 ($0.194 million increase from 2014-15).

CARRIED


Adoption of Long Term Financial Forecast and Rating Strategy 2014-15 to 2018-19

APPENDIX A

APPENDIX B



ALL WARDS

10.3 CHRISTMAS DECORATIONS OPTIONS

SUMMARY: Manager — Corporate Communications (Kath Oakley)

Council’s Corporate Communications department has investigated options for enhancement of Council’s Christmas decorations at the Civic Centre located at 511 Burwood Highway, Wantirna South. This is in response to a Call Up Item requested by Council at its 25 February 2014 Ordinary Meeting. This matter was considered, and deferred from Council’s 22 April 2014 meeting.

RECOMMENDATION

That Council receive and note the 2014 Christmas Decorations Options report.

1. INTRODUCTION

Council has provided two opportunities for Christmas decorations at its Civic Centre on Burwood Highway during recent years.

A community installation was funded and organised by an independent community group—the Knights of the Southern Cross—until it last appeared for the Christmas season of December 2011.

No decorations were deployed or installed until 2013, when $10,000 was allocated for displays and installations coinciding with Carols by Candlelight and the holiday season. This comprised lighting on one road-facing tree at the front of the Civic Centre as well as the installation of a large, free-standing banner promoting a seasonal message with nativity scene in silhouette, and two Christmas season flags.

The cost of operating the tree-mounted light-emitting diode (LED) lights at night was 3.5 cents per 4-hour lighting period on current rates, programmed to switch on and off automatically at a minimal cost.

2. DISCUSSION

Research has been conducted into the costs and viability of additional decorations for Council to consider. The following table groups options into five categories of expenditure. The costs shown comprise average costs expected from research quotes provided by professionals in Christmas decorations, signage and installations. They may vary depending on material and labour costs at the time of a formal procurement process. The costs are one-off pricings for establishment of options but would require additional funding for recurring years if required (eg. storage, installation, renewal).

254 COUNCIL – CORPORATE DEVELOPMENT 24 June 2014 10.3 Christmas Decorations Options (cont’d)

Options Details Analysis and considerations

Budget cost estimates, not including GST

1) Additional LED lighting within Civic Centre precinct

Lighting can be extended to complete the existing gum tree and/or 6 smaller trees to complement current installation. An option also exists to provide fascia lighting installed over part of the front panel of the Civic Centre roofline.

Lighting for the additional trees would require further cable wiring connection to the power outlet already installed. This cost is shown separately.

$3,600-15,000 indicative cost range $3,600 estimated budget for completion of existing gum tree to cover unlit side

and/or

$4,000 for fascia garland hanging lights from front of Civic Centre

and/or

$9,000-12,000 estimates for additional LED lighting to 6 smaller trees nearby.

and/or

$3,000 for relocation of power supply and ports.


2) Nativity scene installation

An outdoor nativity scene comprising multiple pieces that depict the Christmas story of the birth of Jesus Christ.

Costs of a nativity scene vary markedly, depending on the materials used (timber, fibreglass) and the level to which the scene depicts the historical re-enactment. The setting is susceptible to vandalism, and consideration would need to be given to increased security costs and subsequent storage.

$19,700-20,500 indicative cost range $12,500 for supply and delivery Up to $7,000 for installation, fixing, anchoring, dismantling, storage and insurance $1,000 contingency for installation costs.

3) Combined option of nativity scene and fascia lighting on Civic Centre

Combination of $12,500 for nativity scene + $8,000 installation + $4,000 fascia garland lights for Civic Centre as per options 1) and 2).

See detail in options 1) and 2)

$25,000 cost estimate As separately costed in options 1) and 2).


4) Christmas seasonal banners (option would be pending VicRoads approval)

Burwood Highway fixed poles (in median strip) for holding banners displaying seasonal message for Christmas and holiday period. Pole heights estimated at 8m

Christmas banners require VicRoads approval and are generally costly per pole, due to initial installation (and removal) costs, as well as requirement to meet VicRoads specifications and approval for Burwood Highway.

$11,500-$33,000 indicative cost range Cost variances are significant but range from $2,500 total for 5 poles and associated banners, uninstalled. Installation and removal, compliant with VicRoads requirements $3-6,000 (night-time installation cost additional $3,000)

5. LED lighting décor- ations on front facade of Civic Centre

Decorations for front fascia of Civic Centre building, including tinsel lighting and wreath.

Decorating the fascia of the Civic Centre would require additional costs for power connection, and storage.

$11,500-53,000 indicative cost range $4,000-$39,000 for decorations across 94m span $6,200 estimate for additional cost of providing LED colour change variability $5,000 installation, removal + $2,500 storage cost for appropriate shipping container


6) Christmas tree installation at front of Civic Centre

10m aluminium frame with LED illumination and changing colour.

Christmas tree installation is susceptible to vandalism and would require additional storage. Removal of the tree would require additional expense each year of its use.

$43,500-62,000 indicative cost range $35-39,000 for tree construction and installation $6-20,000 estimate for additional cost of providing LED lighting and colour change variability $2,500 storage cost for appropriate shipping container

3. CONSULTATION

Suppliers’ advice was sought for the compilation of options shown, with their estimates used to assess potential budgets Council would require.


Light-emitting diode (LED) lighting has been included as the preferred lighting choice for all options described. This form of illumination is considered more energy efficient and provides significantly longer operational service than the older incandescent and fluorescent varieties.


The financial considerations of this report have been included where shown.


This report explores the options for increased recognition and celebration of Christmas as an annual festival in the municipality of Knox. It extends and complements Council’s commitment to the celebration of Christmas through the annual hosting of the Carols by Candlelight event.



This Policy supports the achievement of Theme 5 of the City Plan, Democratic and Engaged Communities.

8. CONCLUSION

This report recommends that Council consider the options provided and provide direction on preferred options.

9 CONFIDENTIALITY


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

That Council:

1. Seek expressions of interest from the community to design a Christmas themed display that includes the nativity scene, to be positioned on the front lawn of the Civic Centre for Christmas 2014.

2. In the event that no suitable responses are received or delays are encountered for delivery, Council will seek an alternate commercially produced nativity scene and Christmas decorations to be displayed on the front lawn area of Knox Civic Centre during the 2014 Christmas season and future Christmas seasons.

3. That all responses received are presented to Council for discussion at the August 2014 Issues Briefing.

CARRIED

259 COUNCIL – ITEMS FOR INFORMATION 24 June 2014

ALL WARDS

11.1 SUPPLEMENTARY VALUATIONS

SUMMARY: Coordinator–Property & Revenue Services (Ian Goullet)

This report summarises the effect of Supplementary Valuations returned as at 1 July 2013, 1 August 2013 1 October, 2013 (SUPP ID’s 328, 343, 345, 348, 349, 351, 352, 353, 354, 355, 358, 360, 361, 363, 364, 365, 366, 368, 369, 370, 371, 372, 373, 375 and 377).

RECOMMENDATION

That Council adopt the Supplementary Valuation adjustments 2013/2014 (SUPP ID’s 328, 343, 345, 348, 349, 351, 352, 353, 354, 355, 358, 360, 361, 363, 364, 365, 366, 368, 369, 370, 371, 372, 373, 375 and 377) prepared and tabled under Section 13DF of the Valuation of Land Act 1960.

1. INTRODUCTION

As part of the ongoing valuation process Supplementary Valuations have been carried out on a number of properties. The Supplementary Valuations are as a result of subdivision, consolidation, the erection or removal of improvements, arithmetical or descriptive errors. The valuations returned are shown in the report as the Valuations as at 1 January, 2014.

These Supplementary Valuations are undertaken and have been returned in accordance with Section 13DF of the Valuation of Land Act 1960.

2. DISCUSSION

The Supplementary Valuation return process is an ongoing process to ensure adjustments to properties continue to be accurately reflected in Council’s rating system.

Reports are presented to Council to reflect changes in property values throughout the financial year.

Depending on the nature or date of each individual supplementary valuation the effective date will vary. The supplementary valuations included in this report have effective dates between 1 July 2013 and 1 April 2014 being the date they were returned to Council.

260 COUNCIL – ITEMS FOR INFORMATION 24 June 2014 11.1 Supplementary Valuations (cont’d)

The following tables set out the changes in valuations as a result of these Supplementary Valuation returns.

Valuations as at 1 January 2014 Site Value Capital Improved Value Net Annual Value

$19,909,446,550 $ 33,430,482,697 $1,818,330,020

Adjustments Due To Supplementary Valuation Returns Site Value Capital Improved Value Net Annual Value

$20,453,800 $79,361,000 $3,220,450

New Valuation Totals as at 1 June, 2014 Site Value Capital Improved Value Net Annual Value

$19,929,900,350 $33,509,843,697 $1,821,550,470

Site Value – Represents the land value alone.

Capital Improved Value – Represents the combined value of land and any improvements. It is the basis on which rates are raised.

Net Annual Value – Represents the notional rental value of the improved property.

Whilst the rates can be effective from different dates the valuation is determined based on the level of valuation as at 1 January 2012.

Details of specific properties affected by these Supplementary Valuations are available upon request.

3. CONSULTATION

There is no requirement for any specific consultation in regards to this matter.


There are no environmental or amenity impacts as a result of this report.


This particular Supplementary Valuation return, based on a nett increase in Capital Improved Value of $79,361,000 for the 2013/2014 financial year, has generated a decrease in rates of $13,438.93. This is due to the timing of valuation reductions associated with valuation objections (occurring and being effective from the start of the financial year) compared to the timing of other valuation increases which occur throughout the year.

261 COUNCIL – ITEMS FOR INFORMATION 24 June 2014 11.1 Supplementary Valuations (cont’d)


Regular processing of Supplementary Valuations ensures accuracy of Council records and thus Council rate charging is as equitable as possible.


Valuations and rating is part of Council’s governance responsibility in delivering the Knox Council Plan.

8. CONCLUSION

It is recommended that Council receive, approve and adopt the Supplementary Valuation Return(s) and relevant Statutory Declaration(s) of the Valuer as shown in Appendix A.

9. CONFIDENTIALITY

Confidentiality is not an issue in this instance.

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

That Council adopt the Supplementary Valuation adjustments 2013/2014 (SUPP ID’s 328, 343, 345, 348, 349, 351, 352, 353, 354, 355, 358, 360, 361, 363, 364, 365, 366, 368, 369, 370, 371, 372, 373, 375 and 377) prepared and tabled under Section 13DF of the Valuation of Land Act 1960. CARRIED

262 COUNCIL – ITEMS FOR INFORMATION 24 June 2014 APPENDIX A

TABLE 1

RETURN OF THE VALUER OVERALL VALUATION CHANGE

SUPPLEMENTARY REFERENCE ID

VALUER’S RETURN

DECLARATION DATE

SITE VALUE CAPITAL IMPROVED

VALUE

NET ANNUAL VALUE

SUPPID 328 SUB/DIV 1/10/2013 5,413,000 38,649,000 1,936,400

SUPPID 343 CIV 1/3/2014 193,000 14,431,500 715,950

SUPPID 345 SUB/DIV 1/3/2014 1,676,000 10,882,000 544,100

SUPPID 348 SUB/DIV 1/3/2014 -462,000 4,611,000 325,750

SUPPID 349 SUB/DIV 1/1/2014 243,500 260,000 29,500

SUPPID 351 OBJECTION 1/1/2014 166,000 -2,917,000 -900,850

SUPPID 352 CIV 1/1/2014 -1,609,000 -655,000 120,300

SUPPID 353 SUB/DIV 1/2/2014 201,000 184,000 9,200

SUPPID 354 CIV 1/2/2014 -1,000 0 0

SUPPID 355 CIV 1/3/2014 0 155,000 7,750

SUPPID 358 SUB/DIV 1/2/2014 -15,000 674,000 33,700

SUPPID 360 CORRECTION 1/2/2014 -4,954,000 -27,377,000 -1,637,650

SUPPID 361 S/DIV 1/2/2014 -8,000 -90,500 -9,500

SUPPID 363 SUB/DIV 1/4/2014 6,381,000 20,559,000 1,027,950

SUPPID 364 CIV 1/4/2014 4,000 7,197,000 359,800

SUPPID 365 SUBDIV 1/3/2014 9,409,000 9,409,000 470,450

SUPPID 366 SUB/DIV 1/3/2014 -60,000 -64,000 -1,550

SUPPID 368 SUB/DIV 1/4/2014 -15,000 -131,000 -6,550

SUPPID 369 CIV 1/4/2014 197,500 275,000 -250

SUPPID 370 CIV 1/4/2014 4,051,000 -220,000 -18,900

SUPPID 371 CIV 1/4/2014 -160,000 -776,000 -38,800

SUPPID 372 SUB/DIV 1/4/2014 -297,000 396,000 67,750

SUPPID 373 SUB/DIV 1/4/2014 98,800 3,893,000 193,150

SUPPID 375 SUB/DIV 1/4/2014 1,000 8,000 -7,650

SUPPID 377 SUB/DIV 1/5/2014 0 8,000 400

TOTAL 20,453,800 79,361,000 3,220,450


ALL WARDS

11.2 WORKS REPORT AS AT 4 JUNE 2014

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 4 June 2014.

RECOMMENDATION

That the works report for June 2014 be received and noted.

1. INTRODUCTION

This report summarises progress on Council’s Capital Works Program for the 2013/2014 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 4 June 2014, is attached as Appendix A.

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

That the works report for June 2014 be received and noted. CARRIED


APPENDIX A 001 Bridges Renewal Program $266,000

Works have been completed on Manuka and Rankin Road bridges. Works set to commence on the renewal of the High Street Road pedestrian bridge within the next week. Works also due to commence around the Clow Street Bridge which will see the completion of this program.

004 High Risk Road Failures $250,000

Program completed. 007 Road Surface Renewal Program $2,500,000

Program is now completed. Remaining $13K to be utilised for reactive works over June.

008 Drainage Pit and Pipe Renewal Program $2,846,000

Major delay in program was due to the new Drainage Contract 2004 not being approved until February 2014. Since its approval, works have been heavily programmed with all new contractors committing a lot of time to Council projects. Program is 100% committed with multiple projects scheduled for June, weather permitting.

009 Footpath Renewal Program $2,900,000

The Footpath Renewal Program is progressing as forecast (93% complete).

010 Bicycle / Shared Path Renewal Program $576,000

Program is completed. Waiting on final invoices. 011 Information System Plan Implementation $785,000

Windows 7 upgrade project is underway and on schedule, to be completed by 30 June. Server and PC leasing program is also on schedule. Disaster Recovery Plan update, Helpdesk upgrade and the Exchange upgrade (email) are also on track.

265 COUNCIL – ITEMS FOR INFORMATION 24 June 2014 016 Building Renewal Program $3,319,517

Program is currently approximately 85% expended/committed including works at State Basketball Centre and Lewis Park Pavilion and ERL Headquarters. Works nearing completion or commencing over the month of June include Tormore Pavilion - external painting; Stud Park Pavilion - external painting; Miller Football Pavilion - home change rooms shower/toilet refit; Guy Turner Tennis Pavilion - shower/toilet refit; Mossfield Gymnasium - shower/toilet refit, kitchen refit; Rowville Community Centre - toilet refit (neighbourhood house toilets); Civic Centre - foyer toilets refit, carpet replacement to foyer/meeting rooms.

017 Playground Renewal Program $921,210

Local playgrounds tender has been let and funding committed. Works commenced. Wally Tew Regional Playground is being re-tendered with tendering to occur late June. Local playground designers have commenced work for 2014/15 projects.

022 Fire Hydrant Replacement Program $112,000

No payments to be made. 024 Carpark Renewal $552,560

Waiting on final invoices and reactive works over June to complete program.

025 Plant & Machinery Replacement Program $2,323,000

Renewal Program 50% of funds expended and 78% of funds expended/committed.

026 Street Tree Replacement Program $733,000

The consultation process and tree removal works have been completed. Tree planting works have commenced.

031 Stamford Park Redevelopment $109,902

Initial advice has been received from Council's legal advisors regarding the sale process. Preliminary work has commenced on building stabilisation works, including shoring work to the Homestead cellar.

266 COUNCIL – ITEMS FOR INFORMATION 24 June 2014 043 Shade Sails for Family and Children's Services Facilities $9,500

Eildon Parade and Park Crescent have raised purchase orders. All funds have been committed.

055 Corhanwarrabul Creek Trail (to Dandenong Creek) - Shared Path $30,000

Quotations have been received and assessed. Contract awarded 5 June.

082 Drainage Upgrades - Ongoing Customer Response $125,903

Minor Package 1: Ling Drive - Incorporated into Tirhatuan Drive drainage upgrade works with contractor appointed. Anticipate works to commence early June. Minor Works Package 2: (1) 1029-1057 Burwood Hwy: works nearing completion. (2) Moore & Perra Streets completed. (3) Gravenstein completed. Minor Works Package 3: (1) White Avenue, Wantirna South - Anticipate survey for early

June. Stormwater to undertake consultation with owners and confirm easement creation prior to survey work starting.

(2) 22 Lewis Road, Studfield - Detailed design completed and quote being sought for service depthing and minor adjustment to design to follow. Quotes for construction to follow.

(3) 24 Mercia Avenue, The Basin - design 50% completed.

102 Major Reserves Conversion to Warm Season Grass $110,000

Some funding carried forward for sodding of Eildon Park and Dobson Park ovals in 2014/15.

104 Roadside Furniture Renewal Program $100,000

Works were delayed on Government Road retaining wall. Works will now be completed by the end of June.

147 Energy & Greenhouse Program for Council Facilities $70,000

All insulation projects at Child Care Centres have been completed. Lighting improvements at Knox Regional Netball Centre to coincide with the Solar PV works will complete this project.

267 COUNCIL – ITEMS FOR INFORMATION 24 June 2014 229 Building Code Australia Compliance $50,000

Rowville Community Centre works underway ($26,700 committed). Other works being committed for completion prior to end of June.

239 Knox State Emergency Services - Facility Modification $6,450

Additional $20,000 funding from SESVic to undertake additional works at the facility.

248 Boronia Park Landscaping Implementation Stage 3 $1,372,065

Contract works progressing well with some time lost due to inclement weather. Earthworks and sheet pile wall well advanced and concrete retaining wall works underway.

256 The Basin Triangle Landscape Implementation - Stage 3 $268,220

(1) Stage area contractor engaged. Works underway. (2) Pedestrian Operated Signals: VicRoads to approve necessary

alteration to signal design. Contractor appointed and awaiting re-design to be completed and submitted for approval by consultant.

257 Liberty Avenue Reserve Master Plan Implementation Stage 2 $43,600

Works complete and under maintenance. 289 CSR Quarry Reserve - Implementation Stage 4 $439,120

Tender assessment is currently being undertaken. Project scope of works provides for path and boardwalk and will incorporate funding for 2014/15.

315 The Basin Progress Hall – Main Entrance (Stage 1 Design). $40,000

Detailed design underway, due for completion by end of June.

316 Stud Road, Rowville - Sunshine Street to Timbertop Drive - Footpath $10,000

Project has been completed and reconciled.

268 COUNCIL – ITEMS FOR INFORMATION 24 June 2014 343 Eildon Park Storm Water Harvesting - Stage 2 $28,148

Works complete. Surplus grant funds returned to the Federal Government.

345 Asbestos Removal $100,000

Eastgate project due for completion end June. 347 Miscellaneous Industrial Roads - Pavement Rehabilitation $250,000

Program completed. 353 Avalon/Stamford/Stud Road Intersection Modification $116,000

Discussions have taken place with VicRoads. Consultant is being engaged to assess the design. Full turning movement counts have been undertaken to provide data for the consultant. Implementation works to be considered as carry forward.

355 Eastern Recreation Precinct - Indoor Sports Stadium $35,000

Works complete. 369 Carrington Park Reserve - Master Plan $70,000

Stakeholder engagement undertaken with Future Directions Plan to be completed by June.

376 Murrindal Playroom Extension (Stage - Two) $309,265

All works now complete. 393 Tirhatuan Drive (No 18) Rowville - Drainage Upgrade $366,296

Contractor appointed. Awaiting clarification of pre-construction documentation prior to approving Possession of Site. Expect early June start.

409 Parks Furniture Renewal $75,000

All works completed, awaiting invoices.

269 COUNCIL – ITEMS FOR INFORMATION 24 June 2014 410 Parks Signage Renewal $70,000

Installation of 70 signs complete. 412 Water Sensitive Urban Design Renewal $150,000

Minor Renewals Project 1: Location: Bayswater Park (Marie Wallace Reserve)

Project completed. Project 2: Location: Dorset Square tree pit renewal. Project

completed. Project 3: Arboretum carpark raingarden renewal. Contractor

assigned. Works commenced.

415 Wellington Road / EastLink - Shared Path $15,057

Works completed with path opened to public in August 2013. 418 Guy Turner Reserve (Stage 3) Masterplan Implementation $387,220

Tender awarded with works to commence in June. 439 Rowville Recreation Reserve No 1 - Renovation $70,000

Oval renovation complete. Pump installation under way. 441 Tim Neville Arboretum Masterplan Implementation $372,515

Lighting project complete. Contractor engaged to supply and install shelters and building permit obtained. Purchase order raised to complete associated landscape works in 2014/15.

443 Reserves Paths Renewal $50,000

Program 100% complete 446 Orana Neighbourhood House - Design & Construction $100,000

Project completed.

270 COUNCIL – ITEMS FOR INFORMATION 24 June 2014 455 Parks Crescent, Cypress Avenue, Boronia - Drainage Upgrade $105,979

Stage 1: Contractor appointed and pre-construction documentation submitted and being assessed. Expect commencement in early June and, subject to weather conditions, anticipate mid-July completion.

459 Ferntree Gully Road (No. 1825) - Drainage Upgrade $824,194

Schematic Design is still progressing for Option 7. Analysis of benefits of using sensor operated tanks and restriction of development flows is currently being undertaken.

479 Thomas Street, Ferntree Gully - Rehabilitation $30,000

Practical completion achieved. Some landscaping works to follow. 484 Hampden Court, Rowville - Rehabilitation $60,000

Project complete. 485 Cairn Curren Close, Rowville - Rehabilitation $200,000

Contract works integrated with Tali Carng Close and completed. 486 Tali Karng Close, Rowville - Rehabilitation $200,000

Contract works integrated with Cairn Curren Close and completed. 487 Ranceby Close, Rowville - Rehabilitation $40,000

Project complete. 488 Camley Court, Rowville - Rehabilitation $64,000

Project complete. 489 Wells Avenue, Boronia - Rehabilitation $300,000

Contract works completed.

271 COUNCIL – ITEMS FOR INFORMATION 24 June 2014 490 DDA Footpath Modifications $100,000

Program progressing for completion before the end of the financial year.

492 Compliance to Food Act - Various Buildings $25,000

Works completed. 494 Cathies Lane - Landfill Rehabilitation Works $200,000

Landfill Gas Remediation Action Plan adopted which outlines steps to manage landfill gas. Monitoring now on a quarterly basis. Leachate pump test and modelling completed to inform the design of the leachate extraction system. Consultant’s report on this work has been presented. Has not provided required information relating to leachate extraction. Existing contract has been finalised. New contract let to Tonkin & Taylor P/L on 25 February for outstanding works relating to landfill gas and leachate management. Anticipate pump testing for leachate as a variation due to insufficient information from previous contract.

495 Fencing Replacement in Early Years Facilities - Scope and Implementation $24,000

Works completed.

496 Blind Replacement in Early Years Facilities - Scope and Implementation $22,000

Works completed. 498 Knox Park Soccer Floodlight Upgrade $201,260

Some associated works to be completed. 502 Knox Gymnastic Centre Carpark - Flood Lighting Design $23,000

Project completed.

505 West Gully Preschool Playroom Development - Scope and Detailed Design $17,223

Design complete.

272 COUNCIL – ITEMS FOR INFORMATION 24 June 2014 508 Bayswater Pre School - Building Construction $811,951

Shade sail installation underway, completion now due for end of June.

509 Bayswater Pre School - Car Park Construction $200,000

Construction complete.

512 High Street Road Shared Path $58,000

Works complete.

516 Rumann and Benedikt Reserves - Open Space Upgrade $100,000

The landscape masterplan was endorsed at the May Council Meeting. Concrete path works have commenced on site.

517 Emerson Place Reserve - Open Space Upgrade $100,170

Works complete.

518 Heany Park - Open Space Upgrade $80,000

Works complete.

519 Chandler Park - Open Space Upgrade Design $92,000

The Landscape Masterplan was endorsed at the May Council meeting. First stage works to commence in July 2014.

520 Mountain Gate Major Activity Centre - Consultation and Design $154,809

The consultants are finalising the detailed design and Council officers are preparing for the community engagement to take place in early July.

521 Alchester Village - Place Management $7,773

The Alchester Village project was completed at the end of September with a report to Council’s December Issues Briefing Meeting. Investment on Private Land Policy to be completed and revised costings established before further reporting to Council.

273 COUNCIL – ITEMS FOR INFORMATION 24 June 2014 522 John Street (No.7), Upper Ferntree Gully - Drainage Upgrade $33,150

Works complete. 523 Summit Court (No.5), Boronia - Drainage Upgrade $35,915

Project abandoned due to high cost and extent of tree removal required.

524 Stud Road (No.83), Bayswater - Drainage Design $18,437

Design complete.

525 Cardiff / Herbert Streets Catchment Improvements $25,000

CCTV survey completed and concept design finalised. 529 Dobson Reserve - Stormwater Harvesting $795,000

Concept design has been completed and due for presentation to internal stakeholders on 10 June for technical review. Concept has been informed by catchment analyses, flood modelling, water balance assessments, aerial survey (remote sensing), and Stage 1 consultation processes to date. Following technical review, project can proceed to detailed design phase.

532 Sheffield Road, The Basin - Water Sensitive Urban Design $14,911

Project construction complete and on a 12 month maintenance agreement.

534 Oval Renovation Design $30,000

Engineering surveys for HV Jones, Lakesfield and Liberty Reserves are completed and HV Jones design has commenced.

535 Renewal of Tennis Courts $326,000

Projects complete. Awaiting some invoices.

274 COUNCIL – ITEMS FOR INFORMATION 24 June 2014 536 Parkland Asset Renewal $163,000

Approximately 5,000 plant tubes used to infill garden areas along shared path between Wattletree Road and Underwood Road. Works organised for Blind Creek, Underwood Road and High Street Road. Contractors also appointed for works in Golding Reserve and Timothy Drive. Planting works are being undertaken and are 80% complete.

537 Bush Boulevard $25,000

Areas to be infilled with plants of local providence. Works to take place between Kelletts Road and Tirhatuan Drive. Contractor appointed and is about to commence planting.

539 Cricket Run-up Renewal $56,000

Cricket run up works are in progress and nearing completion. 541 Civic Centre Structural Works $968,752

Construction works are completed with associated reestablishment works continuing.

543 Llewellyn Park - Landfill Rehabilitation Works $200,000

Landfill Gas Remediation Action Plan adopted. Monitoring now on a quarterly basis. Leachate pump test still to be undertaken. New contract awarded to Tonkin & Taylor P/L on 25 February which include leachate and landfill gas pump tests for Llewellyn Park. Anticipate pump testing in July 2014.

545 Lewis Park Pavilion Upgrade $150,000

Project completed.

547 War Memorial Upgrade $190,000

Pricing is being sought for Design and Construct contract which closes on 5 June.

548 Hindmarsh Street, Rowville - Rehabilitation $300,000

Contract works completed.

275 COUNCIL – ITEMS FOR INFORMATION 24 June 2014 550 Golden Grove, The Basin - Rehabilitation Design $30,000

Consulting services and detailed design nearing completion - have included turning bay option and awaiting information on wetland and bio-diversity design considerations. Have consulted with Melbourne Water and will need to seek formal approval as a final step - anticipate this to now occur in June.

551 Blackwood Park Road, Rowville - Rehabilitation Design $5,000

Survey and pavement test completed with detailed design to follow. 552 Windermere Drive, Ferntree Gully - Rehabilitation Design $15,000

Survey and pavement report completed and detailed design 50% complete.

553 St Davids Drive, Wantirna - Rehabilitation Design $5,000

Design completed. 554 Inchcape Avenue (South), Wantirna - Rehabilitation $5,000

Integrated with Selkirk Avenue contract. Works well underway with completion anticipated for June.

555 Inchcape Avenue (North), Wantirna - Rehabilitation Design $25,000

Survey completed and detailed design nearing completion. 556 Dudley Avenue, Wantirna - Rehabilitation Design $15,000

Survey completed and design nearing completion. 557 Botany Court, Wantirna - Rehabilitation Design $10,000

Survey completed and design nearing completion. 558 Hoad Court, Wantirna - Rehabilitation Design $3,000

Survey completed and design nearing completion.

276 COUNCIL – ITEMS FOR INFORMATION 24 June 2014 559 Hadlow Drive, Wantirna - Rehabilitation Design $20,000

Design nearing completion. 560 Roxburgh Road, Wantirna - Rehabilitation Design $20,000

Design nearing completion. 561 Benmore Place, Wantirna - Rehabilitation Design $3,000

Survey completed and design underway. 562 Elsie Road, Boronia - Pavement Investigation $2,000

Pavement investigation report completed. 563 Underwood Road, Boronia - Pavement Investigation $5,000

Pavement investigation report completed. 564 Knox Park Reserve Renovation $900,000

Majority of contract works now completed apart from final sprigging. Temporary grassing has been completed with main sprigging activity delayed to November 2014.

565 Retaining Wall Renewals $65,000

HV Jones and Wally Tew Reserve retaining wall works about to be completed.

566 Artwork Renewal $10,000

17 works have been renovated and the current funding is fully committed.

568 Early Years Facility Office/Storage Upgrade $121,000

All works nearing completion.

277 COUNCIL – ITEMS FOR INFORMATION 24 June 2014 569 Stamford Park Homestead - Sprinkler System $135,000

Work is now well advanced. Trenching and laying of fire service supply pipework is 80% complete. Internal pipe-runs have commenced.

570 Fairpark Reserve Floodlighting Upgrade $300,000

Some associated works to be completed. 571 Picketts Reserve Floodlighting (Design) $10,000

Design complete. 572 Tennis Plan Implementation Program $100,000

Works at Scoresby Tennis Courts complete. 573 Wally Tew Reserve Floodlighting (Design) $10,000

Design complete. 574 Placemakers Shed - Storage Extension $20,000

Awaiting outstanding invoices. Works almost complete. 575 Knox LeisureWorks – Disabled change-room $150,000

Project completed. 576 Early Years Facility Emergency Warning System $5,000

Works completed. 577 Alchester Village Preschool - Undercover Extension $55,000

All works completed. 578 Forest Road bus stop access $20,000

Road safety audit has been received and has confirmed that the designed location is the most appropriate crossing point. VicRoads’ approval is being sought.

278 COUNCIL – ITEMS FOR INFORMATION 24 June 2014 579 Springfield Road bus stop connection No. 1 $17,000

Project completed. 580 Springfield Road bus stop connection No. 2 $16,000

Project completed. 581 Napoleon Road bus stop connection No. 1 $24,000

Final design prepared. Road safety audit has been received. Installation of a street lighting will be required as part of these works. Works to be programmed in the next financial year.

582 Napoleon Road bus stop connection No. 2 $9,000

Project completed. 583 Cathies Lane bus stop connection $12,000

Footpath construction completed. 584 Tormore Reserve - Masterplan Development $30,000

Revised Draft Plan has been reviewed by Council officers and further feedback is being sought from tenant clubs.

585 Llewellyn Reserve - Masterplan Development $40,000

Community consultation is underway and has provided valuable feedback to inform the draft masterplan which is now being prepared..

586 Guy Turner Reserve - Stage 4 $150,000

Funds transferred to Guy Turner Reserve (Stage 3) Masterplan Implementation.

587 Upper Ferntree Gully Neighbourhood Activity Centre $50,000

Request for quotations from specialist engagement consultants prepared. Deadline for submissions 13 June. Brief preparation for planning consultants underway.

279 COUNCIL – ITEMS FOR INFORMATION 24 June 2014 588 GIS Upgrade $250,000

Project implementation complete. GIS went live on 5 June. 589 Knox Early Years (KEYs) Online $375,000

Project implementation has been delayed due to potential security concerns with the web-facing portal. Some funds will need to be rolled over to complete the project in the new financial year.

590 Studfield Carpark - Rehabilitation $90,440

Works complete. 591 Scoresby Recreation Reserve Carpark $77,000

Works completed. 593 Marie Wallace Park - Masterplan Development $35,000

Consultation session undertaken and feedback received. Consultants are currently compiling consultation report and progressing the masterplan.

594 Selkirk Avenue, Wantirna - Rehabilitation $173,000

Contractor appointed and works now well underway with kerb & channel completed and concrete islands and asphalting due. Anticipate works to be completed by mid June.

595 Walker Reserve Boundary Netting $38,505

Works completed. 596 Ferntree Gully Entrance Sign $22,000

Sign backboard and lettering cut out and undercoated. Awaiting top coat of final paint colours by Frawley Signs. Location for footings marked out onsite. Contractor awaiting approvals from VicRoads for works in road reserve. Approval expected week commencing 9 June. Installation of footings and poles expected week commencing 16 June.

280 COUNCIL – ITEMS FOR INFORMATION 24 June 2014 597 Schultz Reserve - Disabled Toilet $45,000

Project complete. 598 Knox Regional Netball Centre - Solar Panels $61,000

Contractor appointed, works have commenced. 599 Knox Shared Path Network - Emergency Marker System $12,000

Contractor has been engaged to undertake the works in the new financial year.

600 Eildon Park Oval 2 - Ground Conversion $250,000

Surface levelled, irrigation installed and sodding completed. 601 Dobson Park - Ground Conversion $250,000

Surface levelled, irrigation installed and sodding completed. Oval fence installation about to commence.

602 Park Ridge Reserve Floodlighting Upgrade - Design $8,350

Design underway for end of June completion. 603 Seebeck Reserve Pavilion Access Upgrade $40,000

Works complete, awaiting invoices. 604 Liberty Reserve Carpark Lighting $113,035

Victorian Government Public Safety Infrastructure grant funding received to undertake these works.

TOTAL $34,450,512


ALL WARDS

11.3 ASSEMBLIES OF COUNCILLORS

SUMMARY: Manager – Governance (Rhys Thomas)

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

RECOMMENDATION

That Council

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

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

1. INTRODUCTION

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

Details of Assemblies of Councillors that have occurred between Monday 12 May 2014 and Sunday 8 June 2014 are attached to this report.

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

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

282

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

Date of Assembly: 13/5/2014

Name of Committee or Group (if applicable):

Dinner Prior to Strategic Planning Committee Meeting Time Meeting Commenced:

6:00pm

Councillors in Attendance: Mayor – Cr Darren Pearce Cr Peter Lockwood Cr John Mortimore Cr Karin Orpen Cr Nicole Seymour

Council Staff in Attendance: Graeme Emonson Ian Bell Kerryn Ellis Angelo Kourambas Kerry Stubbings Rhys Thomas Matters Considered:

Council Meeting Procedures Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest

Councillor Left Assembly While Matter Being Considered

283




Issues Briefing Time Meeting Commenced:

7:10pm

Councillors in Attendance: Mayor – Cr Darren Pearce Cr Peter Lockwood Cr John Mortimore Cr Karin Orpen Cr Nicole Seymour

Council Staff in Attendance: Graeme Emonson Kim Rawlings (Item 2) Ian Bell Spiros Manolakis (Item 2) Kerryn Ellis Rhys Thomas (Item 5 & 6) Angelo Kourambas Kerry Stubbings Matters Considered:

1. Knox City Council Submission to State Government’s Draft Planning Policy Framework, Integration Version March 2014 2. Graffiti Removal on Club Infrastructure at Council Reserves 3. Knox City Council’s Current Procedures relating to the Illegal Dumping of Hard Rubbish and Discussion

on the Range of Opportunities to Deter this Practice 4. Local Government Amendment (Governance & Conduct) Bill 5. Candidature of Councillors at State or Federal Elections Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


284




CEO’s Performance Evaluation Committee Time Meeting Commenced:

5:15pm

Councillors in Attendance: Mayor - Cr Darren Pearce Cr Karin Orpen

Council Staff in Attendance: Graeme Emonson Matters Considered:

Status Report of Key Result Areas (KRA’s) for 2013-14 - March 2014 Quarter Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


285




Knox Central Advisory Committee Time Meeting Commenced:

6:00pm

Councillors in Attendance: Mayor - Cr Darren Pearce Cr Peter Lockwood Cr Karin Orpen Cr David Cooper

Council Staff in Attendance: Graeme Emonson Jason Matthews Angelo Kourambas Samantha Mazer Matters Considered:

1. Project Update 2. Westfield Planning Application Update 3. Government Divestment Process and Issues 4. Tour of Civic Facilities – Dandenong, Darebin and Frankston Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


286




Planning Consultation Committee Time Meeting Commenced:

6:00pm

Councillors in Attendance: Cr John Mortimore Cr Joe Cossari

Council Staff in Attendance: Greg Kent John Griffiths Cliff Bostock Ros Lemin Matters Considered:

Development of the land for two (2) double storey and one (1) single storey dwelling (total three (3) dwellings) - 2 Edna Court, Wantirna (P/2013/6546) Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


287




Economic Development Committee Time Meeting Commenced:

6:00pm

Councillors in Attendance: Mayor – Cr Darren Pearce

Council Staff in Attendance: Angelo Kourambas Kim Rawlings Peter Chaffey Ingo Kumic Kate Harris Helen Ruddell Matters Considered:

1. Knox Economic Development Strategy Mid Term Review Update 2. Knox Integrated City Strategy – A Prosperous Advancing Economy 3. Update on Place Program Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


288




Dinner Prior to Council Meeting Time Meeting Commenced:

6:30pm

Councillors in Attendance: Mayor – Cr Darren Pearce Cr Karin Orpen Cr Peter Lockwood Cr Tony Holland Cr John Mortimore Cr David Cooper Cr Joe Cossari Cr Nicole Seymour

Council Staff in Attendance: Graeme Emonson Ian Bell Mark Dupe Angelo Kourambas Kerry Stubbings Rhys Thomas Matters Considered:

1. Ward Contingency Fund 2. Bridges Connecting Communities 3. Notices of Motion 4. Healthy Together Victoria 5. Ministerial Advisory Panel Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


289




Recreation & Leisure Liaison Group Time Meeting Commenced:

6:30pm

Councillors in Attendance: Cr Tony Holland Cr David Cooper

Council Staff in Attendance: Robert Morton Marco D’Amico Daniel Clark Matters Considered:

1. Knox Sports Awards 2. Knox Regional Skate and BMX Park 3. Leisure Services Planning 4. Festival and Events Plan 5. Sunset of Recreation and Leisure Liaison Group 6. Capital Works and SRV Projects 7. Recreation Minor Capital Works 8. Leisure Plan Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


290




Knox Housing Advisory Committee Time Meeting Commenced:

2:00 pm

Councillors in Attendance: Cr John Mortimore Cr Tony Holland

Council Staff in Attendance: Kim Rawlings Sharon Barker Sarah Lane Matters Considered:

1. Housing Policy Review Project 2. Eastern Regional Affordable Housing Alliance 3. Other Business Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


291




Stamford Park Community Reference Group Time Meeting Commenced:

6:30pm

Councillors in Attendance: Cr Karin Orpen Cr Nicole Seymour

Council Staff in Attendance: Peter Kavan Matters Considered:

1. Updates regarding Amendment C131 (draft Housing Strategy and draft Rowville Plan), Stamford Park Subdivision process, and forthcoming procurement process for the proposed Stamford Park Residential Estate

2. Update on Development of the Stamford Park Business Model 3. Update on Current Building Works at the Stamford Park Homestead 4. Update on the Activities of the Stamford Park Men’s Shed Inc Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


292




Knox Community Sports Centre Management Committee Time Meeting Commenced:

5:00pm

Councillors in Attendance: Cr David Cooper

Council Staff in Attendance: David Blair Marco D’Amico Matters Considered:

1. Financial – 2014 Year to Date Accounts, Funds on Deposit, Approval of any Invoices 2. Hockey Club Issues 3. Master Planning Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


293




Issues Briefing Time Meeting Commenced:

6:30pm

Councillors in Attendance: Mayor – Cr Darren Pearce Cr Karin Orpen Cr Peter Lockwood Cr David Cooper Cr John Mortimore Cr Nicole Seymour Cr Joe Cossari

Council Staff in Attendance: Graeme Emonson David Blair (Item 2) Ian Bell Nicole Columbine (Item 2) Mark Dupe Lisette Pine (Item 3) Angelo Kourambas Kathy Parton (Item 3) Kerry Stubbings Kath Oakley (Item 4) Matters Considered:

1. Declarations of Conflict of Interest 2. Carrington Park Future Directions Plan 3. Draft Closed Circuit Television (CCTV) Policy and Procedure for Knox City Council 4. Christmas Decorations Options 5. Rate Capping 6. Forward Report Schedule 7. Child Care Fees Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


294




Youth Issues Advisory Committee Time Meeting Commenced:

6:35pm

Councillors in Attendance: Cr John Mortimore

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

1. Impact of the State and Federal Budget on young people and youth service provision, linking the discussion to the achievement of the City and Council Plan objectives for young people and the community 2. Knox Youth Council update Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


295




Knox Disability Advisory Committee Time Meeting Commenced:

6:30pm

Councillors in Attendance: Cr John Mortimore

Council Staff in Attendance: Felicity Smith Nicole Hunter Peter Johnston Matters Considered:

1. Possible Future Knox Disability Advisory Committee Project – “How to be a more compassionate society” 2. Employ Outside the Box Project 3. Emerging Community Issues and Themes Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest



12. MOTIONS FOR WHICH NOTICE HAS PREVIOUSLY BEEN GIVEN

NOTICE OF MOTION NO. 27

12.1 FIREFIGHTER PRESUMPTIVE CANCER LEGISLATION COUNCIL RESOLUTION MOVED: CR. MORTIMORE SECONDED: CR. GILL That Council:

1. Notes that presumptive cancer legislation for firefighters aims to support volunteer and paid firefighters, who are more likely to contract certain types of cancer, by reversing the onus of proof for cancer compensation and that such legislation has been passed by the Commonwealth Government as well as the State Governments of Tasmania, South Australia and Western Australia.

2. Notes that the Victorian State Government has been considering but has not passed such presumptive cancer legislation for firefighters to date.

3. Write to the Hon. Kim Wells MP, Minister for Police and Emergency Services and State Member for Scoresby, expressing Council’s support for the State Government implementing presumptive cancer legislation for firefighters.

CARRIED UNANIMOUSLY

13. SUPPLEMENTARY ITEMS

Nil.

14. URGENT BUSINESS

14.1 URGENT BUSINESS

Nil.


14.2 CALL UP ITEMS

14.2.1 REFUGEE WELCOME ZONE MOVED: CR. LOCKWOOD SECONDED: CR. COSSARI That a report be presented to the 26 August 2014 Ordinary Meeting of Council to inform Council of the Refugee Welcome Zone program and options for Knox's participation. CARRIED

15. QUESTIONS WITHOUT NOTICE Nil.

MEETING CLOSED AT 9.22PM

Minutes of Meeting confirmed at the Ordinary Meeting of Council

held on Tuesday 22 July 2014

………………………………… Chairperson