agenda of ordinary meeting of council - 27 august 2013 · web view1.5 support a transport system...

MELTON CITY COUNCIL

Notice is hereby given that the Ordinary Meeting of the Melton City Council will be held in the Council Chamber, Civic Centre, 232 High Street, Melton on 27 August 2013 at 7.00pm.

THIS AGENDA CONTAINS REPORTS TO BE DEALT

WITH AT A CLOSED MEETING OF COUNCIL

Kelvin ToriCHIEF EXECUTIVE

Visitors to the Gallery please note:Proceedings at Council meetings are controlled by the Chairperson. The Chairperson is empowered to enforce the provision of Council’s Local Law, which includes the following aspects;

Silence must be maintained by members of the public in the gallery at all times. A visitor to the gallery must not interject or take part in the debate that occurs in the Chamber.

Members of the public in the gallery must not operate recording equipment at a Council or Special Committee Meeting without the prior written consent of Council.

Question time is available at every Ordinary Meeting to enable members of the public to address questions to Council. All questions must be received by the Chief Executive Officer or other person nominated for this purpose no later than:

i) 5 pm on the day of the Ordinary Meeting if questions are submitted into the receptacle designated for public questions outside the Council Chamber;

ii) 5pm on the day of the Ordinary Meeting if questions are submitted by electronic medium as per Council website directions.

A person must not submit more than two (2) individual questions at a meeting, inclusive of all parts and variants as interpreted by the Chairperson or other person authorised for this purpose by the Chairperson. The person directing the question must be present in the gallery at the time the question is to be dealt with for it to be valid.

It is an offence for any person, not being a Councillor, who is guilty of any improper or disorderly conduct to not leave the meeting when requested by the Chairperson to do so.Penalty: 20 Penalty Units

It is an offence for any person to fail to obey a direction of the Chairperson relating to the conduct of the meeting and the maintenance of order.Penalty: 20 Penalty Units

A penalty unit for a Local Law made under Part 5 of the Local Government Act 1989 is $100 in accordance with s110(2) of the Sentencing Act 1991.

ORDINARY MEETING OF COUNCIL 27 AUGUST 2013

TABLE OF CONTENTS

1. OPENING PRAYER AND RECONCILIATION STATEMENT 5

2. APOLOGIES AND LEAVE OF ABSENCE 5

3. CHANGE TO THE ORDER OF BUSINESS 5

4. DEPUTATIONS 5

5. DECLARATION OF ANY PECUNIARY INTEREST, OTHER INTEREST OR CONFLICT OF INTEREST OF ANY COUNCILLOR 5

6. ADOPTION AND CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS 5

7. CORRESPONDENCE INWARD 5

7.1 PARLIAMENTARIAN AND DEPARTMENTAL LETTERS RECEIVED BY THE MAYOR 6 Mr Ian Dobbs, Chief Executive, Public Transport Victoria – Melton Rail

Duplication.

8. PETITIONS AND JOINT LETTERS 7

9. RESUMPTION OF DEBATE OR OTHER BUSINESS CARRIED OVER FROM A PREVIOUS MEETING 8

9.1 DELEGATIONS OF AUTHORITY EXERCISED - 1 JANUARY 2013 TO 31 JULY 2013 9To advise Council of Delegations of Authority exercised for the period 1 January 2013 to 30 June 2013.

9.2 ANNUAL ACCELERATED SEALING PROGRAM 11To seek Council endorsement for the works proposed in the Annual Accelerated Sealing Program.

9.3 NOTICE OF MOTION 364 (CR MAJDLIK) LOCAL WOMEN'S RECOGNITION AWARD 13

9.4 NOTICE OF MOTION 365 (CR MAJDLIK) SISTER CITY PROGRAM 14

10. PUBLIC QUESTION TIME 15

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11. PRESENTATION OF STAFF REPORTS 15

11.1 AUTHORISING OF AFFIXING THE COMMON SEAL OF COUNCIL 16For Council to adopt the schedule of documents (Appendix 1) requiring the Common Seal of Council.

11.2 DJERRIWARRH FESTIVAL COMMITTEE MINUTES 29 JULY 2013 20Presentation of the unconfirmed minutes of Djerriwarrh Festival Advisory Committee meeting held on Monday 29 July 2013.

11.3 SUBURB NAMING ADVISORY COMMITTEE MINUTES 8 AUGUST 2013 22To inform Council of the minutes of the Suburb Naming Advisory Committee meeting held on 8 August 2013.

11.4 DRAFT ANNUAL FINANCIAL STATEMENTS, STANDARD STATEMENTS AND PERFORMANCE STATEMENT - 30 JUNE 2013 26To have Council approve in principle the draft Annual Financial Statements, Standard Statements and Performance Statement for 30 June 2013 prior to them being submitted to Council’s auditor, in accordance with sections 131 (7) and 132 (6) of the Local Government Act 1989.

11.5 COMMUNITY SAFETY COMMITTEE MINUTES 27 JUNE 2013 28To present the minutes of the Community Safety Committee meeting held on 27 June 2013.

11.6 MELTON WEIR DEVELOPMENT ADVISORY COMMITTEE MINUTES 3 JULY 2013 30To present to Council the minutes of the Melton Weir Development Advisory Committee meeting held on 3 July 2013.

11.7 EARLY YEARS PARTNERSHIP MEETING MINUTES 20 JUNE 2013 33To present to Council the minutes of the Early Years Partnership meeting held on 20 June 2013.

11.8 PLANNING APPLICATION PA2012/3825 - MULTI LOT STAGED RESIDENTIAL SUBDIVISION AND REMOVAL OF NATIVE VEGETATION AT 1256 MOUNT COTTRELL ROAD, MELTON SOUTH 35To consider a planning application for a multi lot staged residential subdivision and removal of native vegetation at 1256 Mount Cottrell Road, Melton South.

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11.9 PLANNING APPLICATION PA 2012/3755 AND DEVELOPMENT PLAN APPLICATION DP2012/005 - CONSTRUCTION OF TWO DOUBLE-STOREY DWELLINGS AT THE REAR OF AN EXISTING DWELLING AT 13 SPEARGRASS DRIVE, HILLSIDE 43To consider a Development Plan and Planning Permit Application for the construction of two double storey dwellings at the rear of an existing dwelling at 13 Speargrass Drive, Hillside.

11.10 MELTON PLANNING SCHEME - AMENDMENT C151 A SITE SPECIFIC EXCLUSION AND INCORPORATED DOCUMENT TO ALLOW THE USE AND DEVELOPMENT OF 1992-2106 WESTERN HIGHWAY, ROCKBANK FOR A HORSE RIDING SCHOOL 50To consider a request to amend the Melton Planning Scheme by inserting a new incorporated document into the Schedule to Clause 52.03 (Specific Sites and Exclusions), and the Schedule to Clause 81 – to allow the use and development of the site for a horse riding school to be used by the Riding for the Disabled Association Victoria.

11.11 MELTON PLANNING SCHEME - AMENDMENT C144 & PA2013/3989 APPLICATION FOR REZONING AT 2 - 4, 6 - 8, 24 AND 26 OUTLOOK RIDE AND 2 GUNNAWARRA ROAD, KURUNJANG AND SUBDIVISION AT 6-8, 24 AND 26 OUTLOOK RIDE, KURUNJANG 54To consider the preparation and exhibition of a section 96A amendment to the Melton Planning Scheme to rezone land at 2 – 4, 6 – 8, 24 and 26 Outlook Ride and 2 Gunnawarra Road, Kurunjang from Low Density Residential Zone (LDRZ) to a Residential 1 Zone (R1Z) and the residential subdivision of the land at 6 – 8, 24 and 26 Outlook Ride, Kurunjang.

11.12 MELTON PLANNING SCHEME AMENDMENT - C141 REALIGNMENT OF THE URBAN FLOODWAY ZONE AT 868-898 MELTON HIGHWAY, HILLSIDE 60To consider the adoption of Planning Scheme Amendment C141 which realigns the boundary of the Urban Floodway Zone at 868-898 Melton Highway, Hillside.

11.13 HERITAGE ADVISORY COMMITTEE MEETING - 28 JUNE 2013 64To consider the minutes of the Heritage Advisory Committee meeting held on 28 June 2013.

11.14 MELTON PLANNING SCHEME - AMENDMENT C135 683-687 AND 761-797 HIGH STREET, MELTON WEST 66To consider the adoption of Amendment C135 to the Melton Planning Scheme at 683-687 and 761-797 High Street, Melton West.

11.15 LOCAL GOVERNMENT REFERENDUM UPDATE 70To inform Council of a recent decision by the Australian Government to cancel a scheduled referendum considering the constitutional status of local government.

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11.16 WERRIBEE RIVER TRAIL STRATEGY 72To present to Council the final version of the Werribee River Shared Trail Strategy and to request that Council adopt the strategy.

12. REPORTS FROM DELEGATES APPOINTED BY COUNCIL TO OTHER BODIES 75

13. COUNCILLOR REPRESENTATIONS AND ACKNOWLEDGMENTS 75

13.1 PUBLIC ADDRESS BY EACH COUNCILLOR 75

13.2 RECORD OF ASSEMBLY OF COUNCILLORS IN ACCORDANCE WITH SECTION 80A(1) OF THE LOCAL GOVERNMENT ACT 75

14. NOTICES OF MOTION 78

15. COUNCILLOR’S QUESTIONS WITHOUT NOTICE 79

16. MOTIONS WITHOUT NOTICE 79

17. URGENT BUSINESS 79

18. CONFIDENTIAL BUSINESS 80

18.1 PROPERTY DEVELOPMENT ADVISORY COMMITTEE (PDAC) MEETING 30 81To consider the minutes of the Property Development Advisory Committee from the 30 July 2013 (meeting number 30).

18.2 AWARDING OF CONTRACT FOR THE CONSTRUCTION OF THE ARNOLDS CREEK RECREATION RESERVE 82To advise Council that the tender assessment for the construction of the Arnolds Creek Recreation Reserve has been completed and a recommendation is presented to Council.

19. CLOSE OF BUSINESS 83

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1. OPENING PRAYER AND RECONCILIATION STATEMENT

The Chairperson will read the opening prayer and reconciliation statement.

Prayer“Almighty God we humbly beseech Thee to vouchsafe Thy blessing upon this Council, direct and prosper its deliberations to the advancement of Thy glory and the welfare of the people whom we serve – Amen.”

Reconciliation StatementMelton City Council acknowledges that the land it now occupies has a history that began with the Indigenous occupants, the Kulin Nation. Council pays its respects to the Kulin Nation people and their Elders and descendants past and present.

2. APOLOGIES AND LEAVE OF ABSENCE

The Chairperson will call for any apologies received from any Councillors who are unable to attend this meeting.

3. CHANGES TO THE ORDER OF BUSINESS

4. DEPUTATIONS

5. DECLARATION OF ANY PECUNIARY INTEREST, OTHER INTEREST OR CONFLICT OF INTEREST OF ANY COUNCILLOR

Pursuant to Section 77A, 77B, 78 and 79 of the Local Government Act 1989, any Councillor must declare any direct or indirect interest, and any conflict of interest, in any items contained within the Notice Paper.

6. ADOPTION AND CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS

RECOMMENDATION:That the Minutes of the Ordinary Meeting of Council held on 23 July 2013 be confirmed as a true and correct record.

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7. CORRESPONDENCE INWARD

7.1 PARLIAMENTARIAN AND DEPARTMENTAL LETTERS RECEIVED BY THE MAYOR

Mr Ian Dobbs, Chief Executive, Public Transport Victoria – Melton Rail Duplication.

RECOMMENDATION:That the Parliamentarian and Departmental letters received by the Mayor be received and noted.

LIST OF APPENDICES1. Correspondence from Public Transport Victoria

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ORDINARY MEETING OF COUNCILItem 7.1 Parliamentarian and Departmental Letters received

by the MayorAppendix 1 Correspondence from Public Transport Victoria

27 AUGUST 2013

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8. PETITIONS AND JOINT LETTERS

The Chief Executive will table any petitions and/or joint letters received prior to this meeting.

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9. RESUMPTION OF DEBATE OR OTHER BUSINESS CARRIED OVER FROM A PREVIOUS MEETING

9.1 DELEGATIONS OF AUTHORITY EXERCISED - 1 JANUARY 2013 TO 31 JULY 2013

Author: Christie Shields- Governance OfficerPresenter: Ian Stewart- Acting General Manager Corporate Services

PURPOSE OF REPORTTo advise Council of Delegations of Authority exercised for the period 1 January 2013 to 30 June 2013.

RECOMMENDATION:That the report be received for information.

REPORT

1. Executive SummaryDelegations exercised for the period 1 January 2013 to 30 June 2013 are detailed in Appendices 1, 2 and 3.

2. Background/IssuesCouncil at its meeting held on 25 June 2013 reviewed and updated its Delegations of Authority. Section 98 of the Local Government Act 1989 sets out that:

A Council may by Instrument of Delegation delegate to a member of its staff any power, duty or function of a Council under this Act or any other Act other than -

1. This power of delegation; and

2. The power to declare a rate or charge; and

3. The power to borrow money; and

4. The power to approve any expenditure not contained in a budget approved by the Council; and

5. Any power, duty or function of the Council under Section 223; and

6. Any prescribed power.

The Chief Executive may also delegate any power to a member of Council staff to exercise any of his duties, powers or functions, except for his power to delegate.

Attached as Appendices 1, 2 and 3 are the delegations for the period 1 January 2013 to 30 June 2013. They are set out in three categories, General, Planning and Building.

3. Council Plan Reference and Policy Reference

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The Melton City Council 2013-2017 Council Plan references:

2. A Well Governed and Leading Organisation: Operating with innovation, transparency, accountability and sustainability.

2.6 Ensure timely compliance with statutory and regulatory obligations.

4. Financial ConsiderationsThere are no financial considerations regarding this report.

5. Consultation/Public SubmissionsThere is no requirement for consultation or public submissions in consideration of this item.

6. Risk AnalysisReporting to Council significant delegations exercised by Officers provides oversight and limits the risk of inappropriate use of delegated authorities.

7. OptionsThere are no options in consideration of this item.

LIST OF APPENDICES1. Various Delegations exercised

2. Planning

3. Building

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9.2 ANNUAL ACCELERATED SEALING PROGRAMAuthor: Les Stokes- Engineering Services Manager

Presenter: Luke Shannon- General Manager Planning and Development

PURPOSE OF REPORTTo seek Council endorsement for the works proposed in the Annual Accelerated Sealing Program.

RECOMMENDATION:That Council endorse the roads for sealing as shown in Appendix 1 under the Accelerated Sealing Program for 2013/14 and beyond.

REPORT

1. Executive SummaryCouncil has committed $1 million in the 2013/14 financial year for the continuation of the Accelerated Road Sealing Program. This report seeks Council endorsement of the priority list of roads suitable under this program.

2. Background/IssuesIn the 2012/2013 financial year Council commenced an Accelerated Sealing Program in the Exford area. This program has recently seen the sealing of 6.3km of unsealed road on the following roads Murphy's Road, Telephone Road, Staughton Siding Road and Wollombi Road for approximately $1 million.

Accelerated Sealing is the application of a light weight seal to improve the amenity for local residents by eliminating dust from vehicles travelling on gravel road surfaces. It also provides improved ride quality and reduces existing maintenance requirements of Council.

For a road to be fully constructed it requires the application of crushed rock layers of depths typically around 500 mm, with a final seal applied to this surface. This is a costly exercise for Council, in the order of $2 million per kilometre. The Accelerated Sealing program in 2012/13 cost approximately $160,000 kilometre. This significantly cheaper application will not withstand high traffic volumes and will result in a greater maintenance burden to council having to continually patch and repair a failing sealed road. An accelerated seal should withstand traffic volumes in the order of 200 vehicles per day as a maximum.

Council has also recently trialled the application of a recycled asphalt pavement applied at a minimal depth on top of existing gravel road services with a spray seal then applied. This is another form of accelerated sealing and this trial is in Troup’s Road South and to date has withstood traffic volumes in the order of 250 vehicles per day.

Council Officers have analysed Councils road network and identified those roads which would be suitable for Accelerated Sealing. They are shown in Appendix 1 of this report. The total length of road deemed suitable is 50.1 kilometres. The roads shown as unsuitable for accelerated sealing have been omitted from the program either due to the likely significant increase in traffic volume following sealing or the roads are likely to be fully constructed by developers in the near future (i.e. within five years).

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Council Officers are aware of significant pressure from the community to construct its gravel roads, particularly those on the fringes of urban development. It is important to note that these roads can and are being maintained in a safe and adequate manner.

3. Council Plan Reference and Policy ReferenceThe Melton City Council 2013-2017 Council Plan refers to the need to:

1.5 Support a transport system that connects and moves our community

2.2 Provide levels of service balance community needs with organisational capacity

3.7 Ensure our establishing new communities are well connected and supported

4. Financial ConsiderationsCouncil has allocated a budget of $1 Million for this financial year to continue the Accelerated Sealing Program. Officers intend to tender the project in coming months subject to Council endorsing the roads within the program for sealing.

5. Consultation/Public SubmissionsOfficers will consult with residents prior to the commencement of all works on adjoining Roads.

6. Risk AnalysisShould Council endorse the list provided, the risk of road failure and subsequent road safety issues is minimal due to the low traffic volumes on these roads. However the inclusion of roads that officers have deemed inappropriate will result in increased maintenance costs and potential road safety ramifications.

7. OptionsCouncil has the following options available:

1. Adopt the officer's recommendation in this report

2. Include other roads within the program.

LIST OF APPENDICES1.

Map - Accelerated Sealing Program

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9.3 NOTICE OF MOTION 364 (CR MAJDLIK) LOCAL WOMEN'S RECOGNITION AWARD

Councillor: Kathy Majdlik

Notice was given at the Ordinary Meeting of Council held on 25 June 2013 of my intention to move the following motion at the Ordinary Meeting of Council to be held on 23 July 2013.

MOTION:That a report be provided to Council to investigate a ‘Local Women’s Recognition Award’, that recognises the great contributions the women of our community make to our great municipality.

1. Officer’s CommentsCreation of a City of Melton Local Women’s Recognition Award may involve the establishment of a community based Committee operating under an adopted Terms of Reference. There are examples of similar initiatives at other Councils such as the International Women’s Roll. This is celebrated annually and could occur on International Women’s Day on 8 March.

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9.4 NOTICE OF MOTION 365 (CR MAJDLIK) SISTER CITY PROGRAMCouncillor: Kathy Majdlik

Notice was given at the Ordinary Meeting of Council held on 25 June 2013 of my intention to move the following motion at the Ordinary Meeting of Council to be held on 23 July 2013.

MOTION:That a report be provided to Council on a potential program for Melton City Council to establish a ‘Sister City Program’, and the potential benefits this will provide to the Melton Community, with a suitable municipality in China or other suitable country.

1. Officer’s CommentsMany Local Governments across Australia have taken on the opportunity to develop Sister City relationships with various cities from across the world. Sister City relationships can be developed for a number of reasons. These can include increasing cultural awareness, economic and industry development, educational exchanges and undertaking research. The sister city relationship can also be used to improve the awareness of a city or region on a global scale. The Sister City movement was formalised in the United States in 1956 with the development of Sister Cities International. Since that time there has been many other groups establish to assist in the development of a Sister City program including Sister Cities Australia Inc which provides advice and guidance in the process.

There are many issues to take into account when considering a Sister City relationship and these issues should be addressed early in a program. Developing the ‘policy context’ for establishing a sister city relationship will assist in understanding the outcomes that Council and the community are seeking by undertaking this program. It will also explore the benefits and pitfalls of a program and any budget implications that may flow from any relationship. The policy will also help describe the need, role and function of a committee to assist with leveraging the benefits of any relationship.

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10. PUBLIC QUESTION TIME

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11. PRESENTATION OF STAFF REPORTS

11.1 AUTHORISING OF AFFIXING THE COMMON SEAL OF COUNCILAuthor: Christie Shields- Governance Officer

Presenter: Ian Stewart- Acting General Manager Corporate Services

PURPOSE OF REPORTFor Council to adopt the schedule of documents (Appendix 1) requiring the Common Seal of Council.

RECOMMENDATION:That the Council Seal be affixed to the documentation as detailed in the Schedule for Authorising of Affixing of the Common Seal of Melton City Council dated 27 August 2013 and appended to this report. (Appendix 1)

REPORT

1. Executive SummaryDocuments requiring the Common Seal of Council to be affixed are detailed in (Appendix 1).

2. Background/IssuesUse of the Council Seal is required where Council as a body corporate is required to acquit a document or agreement for the purpose of performing its functions and exercising its powers.

The Local Government Act 1989 prescribes that a Council must have a common seal, and that the common seal must –

(a) Bear the name of the Council (which name may refer to the inhabitants of the municipal district) and any other word, letter, sign or device the Council determines should be included; and

(b) Be kept at the Council office; and

(c) Be used in accordance with the local laws of the Council.

Council’s Meeting Procedure Local Law 2013 prescribes the use of Council’s Common Seal and the authorized officers who have the authority to sign every document to which the common seal is affixed.

3. Council Plan Reference and Policy ReferenceThe Melton City 2013-2017 Council Plan refers to the need to:

2. A Well Governed and Leading Organisation: Operating with innovation, transparency, accountability and sustainability

2.6 Ensure timely compliance with statutory and regulatory obligations.

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4. Financial ConsiderationsThere are no financial considerations relating to the use of the Council Seal.

5. Consultation/Public SubmissionsNot applicable.

6. Risk AnalysisEnsuring that the Council Seal is only affixed in accordance with a resolution of Council controls the potential risk of the seal being incorrectly affixed to a document.

7. OptionsNot applicable.

LIST OF APPENDICES1. Schedule for Authorising of Affixing The Common Seal

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ORDINARY MEETING OF COUNCILItem 11.1 Authorising of Affixing The Common Seal of CouncilAppendix 1 Schedule for Authorising of Affixing The Common Seal

27 AUGUST 2013

MELTON CITY COUNCIL – ORDINARY MEETING OF 27 AUGUST 2013SCHEDULE FOR AUTHORISING OF AFFIXING THE COMMON SEAL

TITLE OF DOCUMENT OTHER PARTY AGREEMENT DETAIL RESP OFFRTransfer of land York Lodge Pty Ltd Transfer of land for road widening at 121 City Vista Court,

Plumpton. Certificate of Title Volume 9613 Folio 003.B Baggio

Section 173 Agreement Section 181 Application

Andrew Manolis and Simone Panariello

Section 173 Agreement for 9 Kensei Street, Kurunjang for construction of the building within the Easement. Certificate of Title Volume 10762 Folio 843.

B Baggio

Council Licence Downer EDI Works Pty Ltd Licensed Area: Part of 90-92 High Street, Melton – for administration of the Contract and the storage of plant and equipment used by the Licensee in connection with the Contract.

G Wood

Section 173 Agreement Bahl Enterprises Pty Ltd Section 173 Agreement for 5 Pilbara Avenue, Burnside for construction of the building within the Easement. Certificate of Title Volume 10618 Folio 852.

B Baggio

Section 173 Agreement Syndrom Holdings Pty Ltd and Roads Corporation

Section 173 Agreement for 678-742 Boundary Road, Truganina to satisfy the conditions of planning permit.

B Baggio

Section 173 Agreement Rescom Building Group Pty Ltd Section 173 Agreement for Lot 1017 93-97 Arbour Boulevard, Burnside for construction of the building within the Easement. Certificate of Title Volume 10961 Folio 593.

B Baggio

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ORDINARY MEETING OF COUNCILItem 11.1 Authorising of Affixing The Common Seal of CouncilAppendix 1 Schedule for Authorising of Affixing The Common Seal

27 AUGUST 2013

Contract 13/039 Image Linemarking Pty Ltd

Evolution Graffiti Solutions Pty Ltd

SuperSealing Pty Ltd

Chapman Gardner Pty Ltd

Workzone Pty Ltd

Western Sheetmetal Insulation & Asbestos Removal Pty Ltd

Presta Construction Group Pty Ltd

Lipplegoes Business Trust trading as MAL Paving Pty Ltd

Bartlett’s Waste Management Pty Ltd

Allequip Constructions Pty Ltd

Envirotechniques Pty Ltd

Global Contracting Pty Ltd

Melton Plant Hire Pty Ltd

Moore Family Trust trading as New Gisborne Electrical Pty Ltd

ULS Group Pty Ltd

Contract for the 2013/2014 Annual Registered Contractors List for the provision of various plant and labour hire services.

L Shannon

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11.2 DJERRIWARRH FESTIVAL COMMITTEE MINUTES 29 JULY 2013Author: Heidi Taylor- Senior Events Officer


PURPOSE OF REPORT

Presentation of the unconfirmed minutes of Djerriwarrh Festival Advisory Committee meeting held on Monday 29 July 2013.

RECOMMENDATION:That:-

1. The unconfirmed minutes of Djerriwarrh Festival Advisory Committee Meeting of 29 July 2013 to be noted.

2. Council adopt the recommendation of the Committee as detailed in the unconfirmed minutes appended to this report.

REPORT

1. Executive SummaryThe Djerriwarrh Festival Advisory Committee met on 29 July 2013 and resolved on key issues for Council’s consideration.

2. Background/IssuesThe Djerriwarrh Festival Advisory Committee is a key community committee dedicated to the planning and delivery of the annual Djerriwarrh Festival.

The appointment of the committee supports the ongoing planning and preparation of this signature event and encourages a diverse program of opportunities that will achieve maximum community participation.

The Terms of Reference includes membership of the Djerriwarrh Festival Advisory Committee at a maximum of fourteen community members plus one Councillor Representative and one Council staff member.

3. Council Plan Reference and Policy ReferenceThe Melton City Council 2013-2017 Council Plan references:

3. Diverse, Confident and Inclusive Communities: A culturally rich, active, safe and connected City

3.2. Build resilient people and communities through opportunities to participate in community life.

3.3. Develop an environment that supports imagination, creative expression and engagement in cultural experiences.

3.5. Build an inclusive community that embraces and values cultural diversity and celebrates our collective heritage.

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3.6. Create a safer community through building a sense of belonging and community pride.

4. Consultation/Public SubmissionsThe Djerriwarrh Festival Advisory Committee is an Advisory Committee of Council and where public consultation and or submissions are identified as being appropriate the Committee would recommend an appropriate consultation process to Council for endorsement.

5. Risk AnalysisMaintaining up to date policies within an organisational framework assists Council in controlling risk.

6. OptionsDjerriwarrh Festival Advisory Committee is an Advisory Committee of Council and Council therefore has the discretion to accept/reject or amend its recommendations as Council deems appropriate.

LIST OF ATTACHMENTS1. Djerriwarrh Festival Advisory Committee Minutes

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11.3 SUBURB NAMING ADVISORY COMMITTEE MINUTES 8 AUGUST 2013Author: Christie Shields- Governance Officer


PURPOSE OF REPORTTo inform Council of the minutes of the Suburb Naming Advisory Committee meeting held on 8 August 2013.

RECOMMENDATION:That the unconfirmed minutes of the Suburb Naming Advisory Committee meeting of 8 August 2013 be noted (refer Appendix 1).

REPORT

1. Executive SummaryThe Suburb Naming Advisory Committee has been established to assist Council develop a list of suburb names to apply to the formation of eleven new localities within the Melton municipality.

This report presents the minutes arising from the meeting, attached at Appendix 1.

2. Background/IssuesAt the Ordinary Meeting of Council held on 20 September 2012 Council endorsed the community engagement framework for the proposed creation of eleven new suburbs in the City of Melton.

The establishment of a Suburb Naming Advisory Committee is a key community engagement strategy to meet the requirements of the guidelines of the Office of Geographic Names (OGN), who have the authority to approve, defer or reject naming proposals and boundary alterations for new and existing localities.

The committee will be responsible for ensuring compliance with the principles of OGN Guidelines and offering specialist advice and recommendations for the development of a suburb name shortlist for consideration by Council.

The Suburb Naming Advisory Committee Terms of Reference were adopted at the Ordinary Meeting of Council on 5 March 2013.

Membership of the Committee is based upon direct invitation to key stakeholder groups and subject matter experts, and an Expression of Interest process for general community representation.

The first meeting of the Committee was held on 22 May 2013.


1. Managing our Growth: A clear vision to connect and develop a sustainable City

1.1 Strategically plan for a well designed and built City.

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2.3 Facilitate community engagement in planning and decision making.

4. Financial ConsiderationsNil.

5. Consultation/Public SubmissionsPublic consultation and engagement are key principles driving the establishment of the Committee and the development of a suburb name shortlist for Council. Membership of the Committee is based on direct invitation of key stakeholder groups and relevant subject matter experts, with an expression of interest process to select general community representation.

The Committee will partly be responsible for providing insight into community preferences and feedback, and receiving and assessing submissions received for potential suburb names during the public consultation phase.

6. Risk AnalysisIf the Committee was not established, there is a high risk that the OGN will determine that a significant component of the community engagement requirement had not been met, resulting in refusal of the Council application to establish new suburban boundaries and names.

There is limited risk in establishing the Committee to advise Council of possible suburb names, as the ultimate decision of which names are included within the application to the OGN remains with the naming Authority being Council.

7. OptionsThe Suburb Naming Committee is an Advisory Committee and Council therefore has the discretion to accept/reject or amend the recommendations of the Committee as the Council deems appropriate.

LIST OF APPENDICES1. Suburb Naming Advisory Committee Minutes 8 August 2013

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ORDINARY MEETING OF COUNCILItem 11.3 Suburb Naming Advisory Committee Minutes 8 August

2013Appendix 1

27 AUGUST 2013

Suburb Naming Advisory CommitteeDate: 8 August 2013

Time: 6.30pmVenue: Civic 2, Melton Civic Centre232 High Street, Melton VIC 3337

Meeting Minutes

In AttendanceCr Sophie Ramsey (Acting Chairperson), Cr Nola Dunn, Mr Daniel Hogan (Manager, Customer Engagement), Mr Alan Perry (Melton Historical Society), Mr Ron Jones (Wurrundjeri Council), Mr Bryon Powell (Wathaurong Aboriginal Corporation), Mr Tom Dickson (GMCC), Ms Tracy Spiteri (Governance Coordinator) Apologies/AbsentCr Kathy Majdlik (Mayor – Chairperson), Cr Lara Carli, Mr Bob Baggio (Manager Planning), Ms Deb Slattery (Melton Family History Group), Mr Tony De Domenico (UDIA), Sera-Jane Peters (Heritage Advisor), Ms Ricki Hersburgh (Representative UDIA), Ms Judith Bilszta (Community Member), Mr Karl Sass (Community Member),

1. Welcome & introductionsCr Ramsey chaired the meeting and thanked members for attending.

2. Minutes of the Previous MeetingMinutes of the meeting 4 July 2013 were accepted.Moved: Mr Alan PerrySeconded: Cr Nola Dunn

3. Review of Suburb Name Suggestions to dateRon advised the committee that the Wurrundjeri Council have not met as yet so he was unable to provide any name suggestions, however a meeting is scheduled for next week. A map was provided to Ron to assist in showing the Council elders the suburb areas under consideration for new names.

Tracy Spiteri, Governance Coordinator provided the committee an overview of actions to date. Name ideas received were collated, including additional information received from Sera-Jane, Councils Heritage Advisor, and distributed out to all Committee members in July. No further name ideas were received from the Committee. It was recommended that the Committee continue to provide name ideas directly to Tracy over the next 2-3 weeks so that a list can be prepared for review against OGN guidelines. A final list will then be prepared for consideration by the Committee at the next meeting.

4. DiscussionRon and Bryon will consider a meeting to discuss Wurrundjeri and Wathaurong names that may be suitable for use in particular areas. Bryon also mentioned opportunities to consider dual use names which would need to be considered in accordance with the OGN Guidelines.

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ORDINARY MEETING OF COUNCILItem 11.3 Suburb Naming Advisory Committee Minutes 8 August

2013Appendix 1

27 AUGUST 2013

Tom Dickson, advised that the GMCC support the use of names with geographic, historic and traditional links, and that it is important from a marketing perspective that names identify and have meaning for the suburb area.

Dan Hogan, Customer Engagement Manager commented that a number of the suggested names on the current list relate to flora and fauna and that the use of these names or blended/joint indigenous names was a creative option for the Committee to consider. The committee agreed that this was another avenue to explore if identifying names for new suburbs.

Cr Ramsey suggested that the list is likely to be a starting point for the community and that other name options may be identified through the public consultation stage.

5. Next ActionsThe Committee agreed on Thursday 12 September for the next meeting of the Advisory Committee.

The process to collect and record names will continue up to the next meeting with all information collated by Committee members to be sent to Tracy Spiteri for collation. The template will be sent out again to all Committee members to assist with collecting names.

Tracy will review names for compliance against the OGN principles, and prepare a final list for the September meeting.

Dan recommended that the next meeting will be a review of the final list of names prepared by the Advisory Committee, and further discussion around public consultation processes.

6. Around the Table/Meeting Close No further discussion.

Next meeting Thursday 12 September, 6.30pm.

Meeting closed approximately 7.50pm

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11.4 DRAFT ANNUAL FINANCIAL STATEMENTS, STANDARD STATEMENTS AND PERFORMANCE STATEMENT - 30 JUNE 2013

Author: Cheryl Santoro- Senior Administration OfficerPresenter: Ian Stewart- Acting General Manager Corporate Services

PURPOSE OF REPORTTo have Council approve in principle the draft Annual Financial Statements, Standard Statements and Performance Statement for 30 June 2013 prior to them being submitted to Council’s auditor, in accordance with sections 131 (7) and 132 (6) of the Local Government Act 1989.

RECOMMENDATION:That

1. Council approve, in principle, the draft Annual Financial Statements, Standard Statements and Performance Statement for 30 June 2013.

2. Council authorise the Mayor Cr Majdlik and Deputy Mayor Cr Turner to approve the Statements in their final form after any changes recommended, or agreed, by the Auditor have been made, pursuant to sections 131 (8) and 132 (7) of the Local Government Act 1989.

REPORT

1. Executive SummaryThe Audit Committee meeting on 23 August 2013, discussed and reviewed the draft Annual Financial Statements, Standard Statements and Performance Statement for the year ended 30 June 2013. The Audit Committee has recommended that Council approve the statements prior to them being submitted to the Auditor, as required under the Local Government Act 1989.

2. Background/IssuesFor the purpose of sections 131(7) and 131(8) of the Local Government Act 1989, Council must not submit the Annual Financial Statements, Standard Statements and Performance Statement to the auditor or the Minister unless it has passed a resolution giving its approval in principle to the statements. The Council must authorise two Councillors to certify the Statements in their final form after any changes are recommended, or agreed to, by the auditor.

In accordance with section 131(6) of the Local Government Act 1989, Council must submit the statements to the Minister within three months of the end of the financial year.



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2.6 Ensure timely compliance with statutory and regulatory obligations

4. Financial ConsiderationsThere are no direct costs associated with this matter.

5. Consultation/Public SubmissionsThere is no requirement for public consultation in this process.

6. Risk AnalysisEndorsing the recommendations in this report will ensure Council’s continued compliance with the legislative requirements.

7. OptionsThe Audit Committee is an advisory committee of Council, and Council therefore has the discretion to accept, reject or amend the Committee’s recommendations.


Draft Statements

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11.5 COMMUNITY SAFETY COMMITTEE MINUTES 27 JUNE 2013Author: Sarah Edwards- Community Well-being Officer

Presenter: Maurie Heaney- General Manager Community Services

PURPOSE OF REPORTTo present the minutes of the Community Safety Committee meeting held on 27 June 2013.

RECOMMENDATION:That the unconfirmed minutes of the Community Safety Committee meeting of 27 June 2013 are noted as attached at Appendix 1.

REPORT

1. Executive SummaryAt its Ordinary Meeting of 9 April 2013, Council adopted the Community Safety Committee Terms of Reference. The Community Safety Committee has subsequently been established to provide a strategic, responsive and accountable model to promote community safety and address crime prevention efforts in the City.

Membership of the Committee is drawn from key stakeholders and subject matter experts. Committee members have an interest in developing partnership responses to local community safety priorities.

The Committee meets bimonthly, with minutes of the 27 June 2013 meeting provided for Council awareness.

2. Background/IssuesThe Community Safety Committee meets bi-monthly and considers matters relating to crime prevention, health and wellbeing and community safety.

The purpose of the Committee is to coordinate a multi-agency partnership response to prioritise community safety and crime prevention issues within the city.

The inaugural meeting of the Committee was held on 27 June 2013 (minutes presented at Appendix 1), which addressed the commencement of a Committee work plan inclusive of an initial focus on:

Addressing community perceptions of safety, specifically on graffiti management, investigating options around closed circuit television and implementing various community engagement approaches; and

A shared approach in the exploration of preventative action in addressing causes of family violence within our community.

The Committee’s next meeting in September will have a focus on the collaborative development of Community Safety Month activities, including the implementation of a Community Safety Day event on 20 October 2013.

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3.6 Create a safer community through building a sense of belonging and community pride

4. Financial ConsiderationsOperational expense and initiatives extending from the Community Safety Committee are accommodated within recurrent budgets

5. Consultation/Public SubmissionsThe Community Safety Committee is an Advisory Committee of Council, and where public consultation and/or submissions are identified as being appropriate, the Committee will recommend an appropriate consultation process to Council for endorsement.

The Committee will be influential in providing advice and direction to Council on the delivery of up to two (2) annual community safety forums to directly engage the community in key community safety issues.

6. Risk AnalysisFailure to address key community safety concerns and prevent crime in the community provides risk to our growing community. To improve community health and wellbeing, Council must ensure that the community is safe and continues to have strong perceptions of safety within their local neighbourhoods.

The Community Safety Committee ensures relationships and resources are adequately aligned to address community safety concerns in the City and assist Council in mitigating possible risks.

7. OptionsThe Community Safety Committee is an Advisory Committee and Council therefore has the discretion to accept, reject or amend its recommendations as Council deems appropriate.

LIST OF APPENDICES1. Community Safety Committee Minutes 27 June 2013

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11.6 MELTON WEIR DEVELOPMENT ADVISORY COMMITTEE MINUTES 3 JULY 2013

Author: Trudy Martin- Coordinator Leisure CentresPresenter: Maurie Heaney- General Manager Community Services

PURPOSE OF REPORTTo present to Council the minutes of the Melton Weir Development Advisory Committee meeting held on 3 July 2013.

RECOMMENDATION:That Council;

1. Note the unconfirmed minutes of the Melton Weir Development Advisory Committee meeting held on 3 July 2013 as attached at Appendix 1; and

2. Adopt the recommendation of the Melton Weir Development Advisory Committee to undertake a Melton Weir Interface Strategy, which considers issues and opportunities detailed in the Melton Reservoir Development Strategy (April 2005) - refer Appendix 2.

REPORT

1. Executive SummaryLocated to the south of the Melton Township in Exford and managed by Southern Rural Water, the Melton Weir was developed in the early 1900’s to store water for irrigation at Werribee and Exford. It is the main regulation storage for the Werribee Irrigation District, with Southern Rural Water being the authority responsible for the management of the Melton Weir.

Council involvement with matters pertaining to the Melton Weir concerns: An advocacy position to support community access;

Land use planning to facilitate appropriate interface between the Melton Weir and future residential development; and

The facilitation of stakeholder planning that will result in improved community access to the Melton Weir and a broader community benefit.

At its meeting of 5 February 2013, Council adopted a response to Notice of Motion 344 to investigate the formation of an Advisory Committee to report to Council on potential opportunity for enhancement or access improvements to the Melton Weir.

Council subsequently appointed membership of the Committee at its 9 April 2013 meeting, with the minutes of the Committee’s second meeting on 3 July 2013, provided for Council awareness.

2. Background/IssuesIn April 2005 Council adopted the Melton Reservoir Development Strategy as a guide for future development of the Melton Weir. This Strategy established direction to encourage future broader public access and usage of this significant asset. The ongoing implementation

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of the Strategy requires Council to work with several stakeholders, including the general community and Southern Rural Water.

External influences including the size and timing of residential planning and development in the area surrounding the Melton Weir, the 2005 Strategy can be viewed as a guide for future development.

In late 2011 at the conclusion of a period of extended drought, together with growing populations in the suburbs of Melton South and Brookfield, an increased community interest in the Melton Weir had occurred. This was reinforced following the receipt of a petition to Council in February 2012 seeking Council to implement development plans for recreational facilities included in the 2005 Strategy. The petition also sought for Council to undertake discussions on public access and general use of Melton Weir, seeking Council to consider funding for design works and costing required to provide public access and recreational facilities within its budget deliberations.

At Council’s Ordinary Meeting of 8 March 2012, Council’s response to the petition reinforced its adopted resolution that “Upon securing land ownership from developers, Council will then consider funding for design works and costing.”

Further, as a result of a Section 223 Submission to the 2012-13 Annual Budget Process, Council subsequently resolved to engage a specialist consultant to undertake a Feasibility Study and Management Plan with the Melbourne Runabout and Speedboat Club (MRSC) to: Identify options to increase public access, potentially in partnership with MRSC, for

community clubs and groups;

Investigate Traffic Management Plan options for access to the Melton Weir; and Identification of safety measures needed to be implemented to facilitate increased safe

water access by the community.

It is anticipated that this Study, which focuses primarily on the MRSC, will be presented to Council late 2013.

At the second meeting of the Melton Weir Development Advisory Committee, held 3 July 2013, the Committee was presented with an update on the residential development continuing to occur on the northern interface of the Melton Weir, where Land Developers are increasingly engaging with Council and signalling intent to initiate early hand over of land adjoining the Melton Weir to Council. These Developers are wishing to discuss ‘works in kind’ relating to the development of the Melton Weir interface and passive open spaces.

Consequently, in order to facilitate the handover of land to Council and provide guidance to Developers wishing to develop in this area it is essential that Council provide a holistic strategic view for the future of the Melton Weir interface. Currently Council does not have any open space planning guidelines concerning this Melton Weir interface or any Masterplan for the area that can provide guidance and be shared with developers.

The Melton Weir Development Advisory Committee have recommended to Council that it undertake a Melton Weir Interface Strategy to ensure Council can; Identify and formalise the boundaries between Southern Rural Water and Council land

and the relevant responsibilities of each partner;

Ensure Developers complete weed management plans prior to handing over land to Council; and

Develop a holistic Masterplan for the length of the northern Melton Weir interface, to guide Developers and ensure the community can obtain the maximum benefit and opportunities from accessing the Melton Weir.

The minutes of the Melton Weir Development Advisory Committee meeting are attached at Appendix 1 for broader context and Council’s review and awareness.

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1. A clear vision to connect and develop a sustainable City

1.1 Strategically plan for a well designed and built City

1.2 Build a sense of place through an engaging range of community facilities and shared open spaces

4. Financial ConsiderationsCouncil has an allocation of $28,114 which is a combination of State Government Grant funding and Council funding.

An estimated required additional $20,000 to complete the Melton Weir Interface Strategy will be provided from within existing Council recurrent budgets.

5. Consultation/Public SubmissionsThe Melton Weir Development Advisory Committee is comprised of members representing a range of interests including Councillors, Council Officers and representatives from the community which include Southern Rural Water, Melbourne Runabout and Speedboat Club, Melton Exford Residents Association, Melton Residents Association and Didyabringyarodalong Angling Club.

To date, the Draft Feasibility Study and Management Plan with Melbourne Runabout and Speedboat Club has developed through a consultation process with a wide range of external stakeholders including Southern Rural Water, Transport Safety Victoria, local fishing clubs and community members. The study is also benchmarking Melton Weir against similar other facilities of its type.

6. Risk AnalysisShould Council not accept this report or not complete a Melton Weir Interface Strategy this will hinder Councils ability to provide adequate and appropriate strategic direction to Developers working alongside the Melton Weir.

7. OptionsThe Melton Weir Development Advisory Committee is a Committee of Council, therefore Council has the discretion to accept, reject or amend its recommendations as Council deems appropriate.

LIST OF APPENDICES1. Melton Weir Development Advisory Committee 3 July 2013 meeting

minutes

2. Northern Melton Weir interface

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11.7 EARLY YEARS PARTNERSHIP MEETING MINUTES 20 JUNE 2013Author: Leigh Cruickshank- Coordinator Early Years PartnershipsPresenter: Maurie Heaney- General Manager Community Services

PURPOSE OF REPORTTo present to Council the minutes of the Early Years Partnership meeting held on 20 June 2013.

RECOMMENDATION:That the unconfirmed minutes of the Early Years Partnership meeting of 20 June 2013 are noted as attached at Appendix 1.

REPORT

1. Executive SummaryThe Early Years Partnership Committee was established in 2011 to work collaboratively to monitor and evaluate the Municipal Early Years Plan 2010-2013. The Committee is also responsible to develop, implement, monitor and evaluate the Best Start Action Plan 2010-2013.

Committee membership is drawn from external partners who provide services to families and children within the City of Melton and community representatives. The Committee meets bimonthly, with minutes of the June 2013 meeting provided for Council awareness.

2. Background/IssuesThe Early Years Partnership Committee is responsible to provide direction, involvement and advice to Council concerning the support, development and improvement of the health and wellbeing of children aged 0-12 years.

At the 20 June 2013 meeting, reports were tabled from both the Maternal and Child Health, and the Kindergarten Working Groups which detailed updates on planning to increase attendance and/or participation within these services.

The latest Australia Early Development Index data was tabled, which provided population measures on how children are developing prior to school entry. The Committee also workshopped the development of the new 2014-2017 Municipal Early Years Plan, which will be considered by Council later this calendar year.

Minutes of the meeting are attached at Appendix 1 of this report for Council’s review and awareness.



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3.1 Provide an accessible range of services for all including children, young people, families and older adults

4. Financial ConsiderationsOperational expenses and initiatives extending from the Early Years Partnership are accommodated within recurrent budgets.

5. Consultation/Public SubmissionsThe Committee is comprised of 21 members representing a range of sectors including but not limited to State government, education, disability, health, family support and social development.

The Committee receive, respond and monitor identified community, industry and/or Council issues and opportunities in an inclusive and consultative approach.

6. Risk AnalysisBeing regularly informed on Early Years Partnership activities assists Council in controlling any possible identified risk exposure.

7. OptionsThe Early Years Partnership is an Advisory Committee of Council, with Council discretion to accept or reject Committee recommendations as deemed appropriate.

LIST OF APPENDICES1. Early Years Partnership 20 June 2013 Meeting Minutes

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11.8 PLANNING APPLICATION PA2012/3825 - MULTI LOT STAGED RESIDENTIAL SUBDIVISION AND REMOVAL OF NATIVE VEGETATION AT 1256 MOUNT COTTRELL ROAD, MELTON SOUTH

Author: Claire Bickerstaff- Senior Major Developments PlannerPresenter: Bob Baggio- Manager Planning

PURPOSE OF REPORTTo consider a planning application for a multi lot staged residential subdivision and removal of native vegetation at 1256 Mount Cottrell Road, Melton South.

RECOMMENDATION:That Council issue a Notice of Refusal for the above proposal on the following grounds:

1. The application is not consistent with section 4.7 of the Toolern Precinct Structure Plan which requires that development occurs in an orderly and sustainable manner, and that the staging of development does not create circumstances in which residents will be unreasonably isolated from commercial and community facilities or public transport.

2. The application is not consistent with Clause 22.04 of the Melton Planning Scheme which includes the following objectives:

Ensure that development patterns in Melton township focus on the orderly outward expansion of community and reticulated services and the sequential extension of the arterial road network.

Ensure that developments which place an unreasonable demand on the provision of community, hydraulic and other physical infrastructure due to their separation from existing urban areas are discouraged.

3. The application proposes to remove native vegetation that is not in accordance with the Toolern Native Vegetation Precinct Plan.

REPORT

1. Background

Executive SummaryApplication No.: PA2012/3825Applicant: Taylors Development StrategistsOwner Mr T C Strang

It is proposed to develop the land for a multi lot staged residential subdivision (total 264 lots) and remove native vegetation.

The site is within the Urban Growth Zone – Schedule 3 and affected by the Development Contributions Plan Overlay - Schedule 3.

The site is within the Toolern Precinct Structure Plan area.

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The proposal is not considered to meet the relevant requirements of Council’s Planning Scheme.

Refusal is recommended.

The Land and Surrounding AreaThe subject site has an area of 17.34 hectares and is located on the western side of Mount Cottrell Road, Melton South. Other features of the site are as follows:

The site has a battle-axe frontage to Mount Cottrell Road, with access to the site via a narrow (20m wide) driveway with a length of approximately 601 metres.

It contains two existing dwellings and various outbuildings.

The battle-axe frontage contains a significant amount of native vegetation.

The surrounding area can be characterised as predominantly rural land. Land to the west, north and east of the site is also within the Toolern Precinct Structure Plan and zoned for urban growth. However no properties in the immediate area have been developed, and are still either vacant or used for agriculture and/or rural living.

Land to the immediate south of the site is in the Green Wedge Zone, and is known as the Strathtulloh Estate. Lot sizes in this area that abut the subject site range from 2 - 3 hectares.

Mount Cottrell Road where it adjoins the site is unsealed. To the north it is unsealed to the Western Highway, a distance of approximately 3.7km, and to the south of the site it is unsealed for approximately 200 metres.

The southern boundary of the site forms part of the Urban Growth Boundary.

Refer to Appendix 1 for a locality plan.

The ApplicationThe application proposes a multi lot staged residential subdivision and removal of native vegetation.

The proposed development is summarised as follows:

264 residential lots.

The average lot size is 409sqm.

The only access to the site is via the existing battle-axe arrangement.

Removal of native vegetation that is identified for retention in the Toolern Native Vegetation Precinct Plan (NVPP).

Linear open space of approximately 0.47 hectares.

Road works to Mount Cottrell Road – comprising of an upgrade to an urban standard, for approximately 200 metres to access the existing sealed section of road to the south and 50m to the north of the site to allow for turn around.

Refer to Appendix 2 for plans of the proposal.

Planning Controls

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The land is within the Urban Growth Zone – Schedule 3 and is affected by the Development Contributions Plan Overlay – Schedule 3.

Under the Zone provisions, a permit is required for the subdivision of land.

A planning permit is required for the removal of native vegetation under Clause 52.16 of the Melton Planning Scheme, as the proposed removal is not consistent with the Toolern Native Vegetation Precinct Plan (NVPP).

The following State policies are relevant to this proposal:

11.02 – Urban Growth

12.01 – Biodiversity

15.01 – Built Environment and Heritage.

In summary, these policies encourage development in accordance with approved growth strategies and the protection of significant native vegetation and biodiversity.

The objective of Clause 11.02-4 - Sequencing of development, is to ‘manage the sequence of development in growth areas so that services are available from early in the life of new communities.’

The objective of Clause 15.01-3 – Neighbourhood and subdivision design, is ‘to ensure the design of subdivisions achieves attractive, liveable, walkable, cyclable, diverse and sustainable neighbourhoods’.

Strategies to achieve this objective include the following:

Creating compact neighbourhoods that have walkable distances between activities and where neighbourhood centres provide access to services and facilities to meet day to day needs.

Contributing to reducing car dependence by allowing for: ...safe and attractive spaces and networks for walking and cycling

Subdivision layouts that allow easy movement within and between neighbourhoods

A convenient and safe road network

Protecting and enhancing native habitat.

The Local Planning Policy for Residential Land Use (Clause 22.01) includes objectives to ‘ensure new residential development is integrated with existing urban areas (by road, pedestrian, cycle and open space links). ‘

The objective of Clause 22.02 – Sustainable environment policy, is to ‘protect and conserve the environmental resources and assets of the Shire for the benefit of current and future communities.’

The objective of Clause 22.04 – Urban Development policy is to ‘ensure that infrastructure is designed and provided in an efficient and timely manner and the development of urban areas reflects sound planning principles and practices.’

Objectives to achieve this include the following:

To ensure that all development proceeds in an orderly and timely manner which enables the efficient provision of community facilities and services.

To encourage and facilitate orderly, incremental, outward growth of the urban fringe in the environs of the Melton township.

The following policies within Clause 22.04 are particularly relevant to this application.

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Ensure that development patterns in Melton Township focus on the orderly outward expansion of community and reticulated services and the sequential extension of the arterial road network.

Ensure that developments which place an unreasonable demand on the provision of community, hydraulic and other physical infrastructure due to their separation from existing urban areas are discouraged.


1. Managing our Growth.


1.4 Value and protect the natural environment for future generations.

3. Financial ConsiderationsNo Council related financial considerations are involved with the application.

4. Consultation/Public Submissions

Public notification of the applicationThe application was not required to be advertised. The Urban Growth Zone includes exemptions from notification requirements.

Referral of the application

Internal

Engineering Department Initially objected to the application as it included a one way ‘slow point’ within the only road access to the site, to avoid a significant tree.

Given the anticipated traffic volumes, it was not considered safe or efficient for vehicle movements to have a one way section of road where vehicles would be required to give way to oncoming traffic.

This was resolved through the submission of amended plans that show a full width two lane road to access the site. This has increased the amount of native vegetation that must be removed.

Environmental Services Do not support the application – due to the removal of native vegetation which has been identified for protection in the Toolern Native Vegetation Precinct Plan (NVPP).

Open Space Planning No objection subject to standard conditions.

Strategic Planning / Initially raised concerns that the application did not address the

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Urban Design interface with Strathtulloh Estate, as it did not include a landscape buffer, larger lots, and low/transparent fencing, as required by the Toolern PSP.

These issues have been resolved by amended plans.

However, outstanding concerns remain in relation to the number of small lots proposed in a location isolated from any amenity (i.e. town centres, or significant open space areas).

There are also concerns regarding the small open spaces (‘pocket parks’) that have been included. They are problematic in terms of ongoing maintenance, and do not provide any significant opportunities for passive recreation due to their small size.

ExternalTelstra No objection subject to conditions.

Country Fire Authority No objection subject to conditions.

However the referral noted that the Toolern PSP does not include any reference to bushfire (grassfire) safety, and that the proposed development does not achieve separation distances for lots on the northern and western boundaries.

To achieve the Bushfire Attack Level (BAL) construction requirements, additional costs may be incurred by home owners.

Department of Environment and Primary Industries (formerly DSE)

No objection subject to conditions.

Melbourne Water Requested further information – a stormwater management strategy. The applicant provided this information, and Melbourne Water considers it acceptable, and has no objection.

Tenix No objection. Western Water No objection subject to conditions. Powercor No objection subject to conditions.

5. Issues

Planning AssessmentElements of the application which are supported

The property is within the Toolern Precinct Structure Plan (PSP), and is affected by the Urban Growth Zone. The application is consistent with some key requirements of the Toolern PSP.

The PSP identifies the site as future residential development. The application proposes a residential subdivision that is generally acceptable in terms of the road layout and lot design.

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The applicant has responded to initial concerns raised by officers and provided amended plans to address the following issues.

A one way ‘slow point’ in the road to access the site has been deleted. This initial design solution was not supported by Council’s Engineering Department due to the number of vehicles that would access the site. Its only purpose was to reduce the amount of native vegetation that needed to be removed. The widening of the access way to a full two lane road has resulted in increased native vegetation removal.

The initial concept plans showed the boundary interface with the Strathtulloh Estate as the rear of 16 lots. This was not consistent with the Toolern PSP, which requires a landscape buffer and low/transparent fencing in this location. The concept plan has been amended to show a road frontage to the Strathtulloh Estate, which will allow for a more open vista, and a landscape buffer in the road reserve.

The proposed development will provide some road upgrades, specifically 200m of Mount Cottrell Road. This will benefit a small number of adjoining land owners, but it is not a significant amount of upgrade works in the wider context of the PSP.

The applicant has advised that if a planning permit is issued, it is unlikely to be acted on for two years. This is likely due to the cost involved in bringing services and infrastructure to the site, and the market conditions.

While this may mean that the surrounding area is further developed and the site not as isolated, it is considered unlikely that any further significant development will occur in the short term in this area. This is largely due to the constraints associated with the existing Mount Cottrell Road and costs involved in road widening and re-alignment works.

It is anticipated that this area of the Toolern PSP will be a long term development area.

Issues with the application

Whilst it is acknowledged that the subject site is within the Toolern Precinct Structure Plan (PSP) area, and is zoned appropriately for a residential development, there are numerous concerns with the proposal which are summarised below.

Out of sequence

The subject site is located on the southern border of the Toolern PSP, and directly adjoins the Strathtulloh low density development. It is isolated from any areas currently being developed for urban purposes.

Urban development in the Toolern area is currently occurring at the edges of the existing Melton township – around Exford Road and Bridge Road. These areas are close to existing services and infrastructure, which residents can easily access until the new town centres and facilities identified in the Toolern growth area are constructed.

If this application is approved, in the short & medium term residents of this development will be significantly disadvantaged by a lack of access to services and facilities. This includes any retail facilities, open space, public transport, Council buildings etc.

There have been no other planning permit applications for major developments in this section of the PSP. The nearest planning permit for a major subdivision was recently approved at 80 Alfred Road – approximately 2.3km to the north west of the subject site.

The Alfred Road application was supported because it is in close proximity to the future major town centre in Toolern, and the developer will construct substantial road upgrades in order to provide access to the site. These road works include the construction of Ferris Road

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between Bridge and Alfred Roads, as well as an interim seal of a large section of Alfred Road.

Significant road upgrades such as these can promote other development within the area. They also provide benefits to the existing rural community.

The subject site is relatively small for an urban development site. It provides only 264 lots. This is in comparison to the Waterford subdivision on Exford Road, which has current approval for approximately 660 lots, and will ultimately have more than this. Subdivisions on a larger scale can provide additional open space and other amenity benefits. Waterford will ultimately include a neighbourhood activity centre, which will provide retail services, a primary school, and other commercial facilities.

Maps at Appendix 3 identify the distances to the nearest urban areas and show the application in context of the Toolern PSP.

Infrastructure

This application does not propose to undertake any road works to upgrade Mount Cottrell Road north of the site. As outlined above, it is considered this application will have limited benefits for the wider community, and will not promote other development in the area.

Development in this area will be limited until Mount Cottrell Road is upgraded, which will involve a realignment, widening, and construction to an urban standard.

The application states that residents would use the existing sealed road network to access Melton township via Greigs and Exford Roads. This would require a 10km round trip to access Melton South. Alternatively a shorter trip of approximately 5km would utilise the unsealed Mount Cottrell Road to access the Western Highway and Melton township to the north.

The site will require significant upgrades to electricity, water, gas, telecommunications, and drainage infrastructure in order to function as an urban environment. This is minimised when development occurs in an incremental manner spreading outwards from existing urban areas.

Native vegetation

The application proposes the removal of native vegetation – approximately 44 trees, which are identified for protection in the Toolern Native Vegetation Precinct Plan (NVPP).

The NVPP is a document that sits with the Toolern PSP, and it provides a strategic approach to the management of native vegetation across the wider precinct. It identifies vegetation that can be removed, and those which need to be protected and retained in any development.

The native vegetation is within the battle-axe access way that currently provides the only access to the site via Mount Cottrell Road.

The removal of native vegetation is not the main issue with this application, and could be addressed through the imposition of offset requirements. The need for the removal of native vegetation that should be protected, is another element of the proposal that indicates the development is occurring out of sequence. The PSP identifies alternative road access to the site that will be available once surrounding land is developed. This would then allow the native vegetation to be protected.

Summary

The concerns outlined above in relation to the isolation of future residents from any services or infrastructure, are indicative of a proposal that is out of sequence with the direction and timing of growth around the Melton township.

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It is acknowledged that the site is suitable for urban development, as it is identified in the Toolern PSP. However, there is strong policy direction in the Melton Planning Scheme for development to occur in an orderly and logical manner, expanding outward from the Melton township.

6. OptionsCouncil can either support the application by issuing a Planning Permit or not support the proposal by issuing a Notice of Refusal.

7. ConclusionThe application has been assessed against the State Planning Policy Framework, Local Planning Policy Framework, Zone / Overlay provisions and Clause 65 of the Melton Planning Scheme.

It is considered that the proposal generally does not comply with the relevant requirements of the Planning Scheme.

The State and Local Planning Policy Framework, as well as the Toolern PSP, require that Council consider the implications of out of sequence developments such as this one.

Residents of the development would be unreasonably isolated from community facilities, open space and commercial services, for a significant amount of time.

The development does not adjoin any other urban areas, which brings significant costs for Council and other infrastructure agencies to service the site.

The application proposes to remove a significant amount of trees that are identified to be protected.

Therefore, it is recommended that the application be refused.

LIST OF APPENDICES1. Appendix 1 - Locality Plan

2. Appendix 2 - Development Plans

3. Appendix 3 - Context Plans

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11.9 PLANNING APPLICATION PA 2012/3755 AND DEVELOPMENT PLAN APPLICATION DP2012/005 - CONSTRUCTION OF TWO DOUBLE-STOREY DWELLINGS AT THE REAR OF AN EXISTING DWELLING AT 13 SPEARGRASS DRIVE, HILLSIDE

Author: Cam Luong- Development PlannerPresenter: Bob Baggio- Manager Planning

PURPOSE OF REPORTTo consider a Development Plan and Planning Permit Application for the construction of two double storey dwellings at the rear of an existing dwelling at 13 Speargrass Drive, Hillside.

RECOMMENDATION:That Council issue a Notice of Refusal for the above proposal on the following grounds:

1. The proposal does not comply with Clause 55 of the Melton Planning Scheme in the following areas:

(a) The proposal is considered to be inconsistent with the character of the neighbourhood, which has been established as a result of the restrictive covenants that had applied to the lots within the immediate surrounding area. In particular, the built-form and bulk exhibited by the proposed dwellings does not complement the character the area.

2. The proposal is considered to be an overdevelopment of the site.

That Council refuse the Development Plan application on the following grounds:

3. The Development Plan submitted for approval does not appropriately respond to the opportunities and constraints of the land. In particular, the Development Plan in its current form will result in a development that does not appropriately complement the site and surrounds.

REPORT

1. Background

Executive SummaryPlanning Permit Application No.:

PA2012/3755

Development Plan Application No.:

DP2012/005

Applicant: Kamal Chahrouk

It is proposed to construct two double-storey dwellings at the rear of an existing dwelling on the subject land.

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The site is within the Residential 1 Zone and affected by the Development Plan Overlay (Schedule 1).

Three submissions were received as part of the informal notification period.

The proposal does not meet the relevant requirements of the Council’s Planning Scheme.

Refusal is recommended.

The Land and Surrounding AreaThe subject site has an area of 1195 m² and is located on the northern side of Speargrass Drive. Other features of the site are as follows:

The site is irregular in shape with a curved frontage of approximately 23.1 metres; and an average depth of 54.62 metres.

An existing single-storey dwelling comprising of three bedrooms (plus study), lounge room, living room, kitchen, meal area, and attached double garage is located on the subject land. The dwelling is approximately 245.69 square metres in area (excluding garage and porch area).

A 2 metre wide sewerage and drainage easement is located along the north-eastern property boundary, which forms the Urban Growth Boundary.

The land abuts rural land (along the northern property boundary).

The land is located approximately 1km to the nearest school; and neighbourhood activity centre.

The allotments on the northern side of Speargrass Drive are generally larger than 1100 square metres in area, which are amongst the largest within the Estate.

The surrounding area is generally characterised by larger allotments that range for 659 to 1295 square metres in area.

The previous restrictive covenant, which expired on 31 August 2012 prevented (amongst other things) the construction of more than one dwelling on a lot.

Refer to Appendix 1 for a locality plan

The ApplicationThe proposal is to allow for the construction of two double-storey dwellings at the rear of existing single storey dwelling on the subject land.

The proposed development is summarised as follows:

The proposed dwellings will be located at the rear of the existing dwelling; and will be accessed via a common driveway that runs parallel to the south-eastern property boundary.

The existing dwelling has been identified as Unit 1 on the Plans; and the proposed dwellings have been identified as Units 2 and 3 on the Plans.

The proposed dwellings will range from 176.96 to 167.05 square metres in area.

The dwellings will comprise of three bedrooms (plus study), living room, kitchen, meal area, and attached single car garage with a tandem car parking space.

The dwellings will be constructed of predominately brick, rendered, and fibre cement cladding finishes with tiled roofing.

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Unit 2 will be provided with 45.91 square metres of secluded private open space; and Unit 3 will be provided with 68.95 square metres of secluded private open space.

Unit 2 will have a minimal setback 3.2 metres from the north-western property boundary, 5.6 metres from the south-eastern property boundary, and 1.2 metres from the existing dwelling located on the subject land. The garage of Unit 3 is to the north-eastern side of the dwelling.

Unit 3 will have minimal setback of 1 metre from the north-western property boundary, a zero setback from the south-eastern boundary, and 2 metres from the north-eastern property boundary.

The first floor of the dwellings has been slightly recessed. The first floor between the two dwellings will have a separation of approximately 2.83 metres.

A concurrent Development Plan application has been lodged for the subject land. The Development Plan prepared for the subject is identical to the development that this proposed as part of the Planning Permit application. The Development Plan is required as part of the Development Plan Overlay (Schedule 1), which affects the land.

Refer to Appendix 2 for plans of the proposal

Planning ControlsThe subject land is located within the Residential 1 Zone.

Under the Zone provisions, a permit is required for the construction of more than one dwelling on the land and to subdivide land, pursuant to Clause 32.01-2 and 32.01-3 of the Planning Scheme.

Under the requirements of the Residential Zone 1, the development of two or more dwellings on a lot must meet the requirements of Clause 55 (ResCode) of the Melton Planning Scheme. Clause 55 requires that a development:

Must meet all objectives: Should meet all of the standards.

If the Council however is satisfied that an application for an alternative design solution meets the objective, the alternative design solution may be considered.

Clause 11 of the State Planning Policy Framework (SPPF) encourages planning to anticipate and respond to the needs of existing and future communities through provision of zoned and serviced land for housing, employment, recreation and open space, commercial and community facilities and infrastructure.

The policy also states that planning for urban growth should consider opportunities for the consolidation, redevelopment and intensification of existing urban areas, neighbourhood character and landscape considerations, the limits of land capability and natural hazards and environmental quality and service limitations and the costs of providing infrastructure.

Clause 16 encourages new housing that has access to services and be planned for long term sustainability, including walkability to activity centres, public transport, schools and open space. This policy also encourages the increase in the supply of housing in existing urban areas by facilitating increased housing yield in appropriate locations, including under-utilised urban land.

The Local Planning Policy for Residential Land Use (Clause 22.01) has as objectives to:

Encourage the provision of a diverse range of housing options that meets the needs of current and future residents.

Encourage energy efficiency in housing and subdivision designs.

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Clearly identify future development directions and patterns. Ensure new residential development is integrated with existing urban areas (by road,

pedestrian, cycle and open space links). Encourage residential development which fosters social interaction, community and

neighbourhood and which creates a sense of place and identity. Provide quality affordable housing opportunities for people on low and moderate

incomes.

Development Plan Overlay Clause 43.04The subject site is covered by Schedule 1 of the Development Plan Overlay pursuant to the provision of the Melton Planning Scheme. The schedule relates to the ‘Melton East Growth Area’. The purpose of the Overlay is:

To identify areas which require the form and conditions of future use and development to the shown on a development plan before a permit can be granted to use or develop to the land.

To exempt an application from notice and review if it is generally in accordance with a development plan.

Prior to the issue of a planning permit for any use or development, a Development Plan must be prepared to the satisfaction of the Responsible Authority.

Before deciding to approve a Development Plan, the responsible authority must consider:

The existing and possible future development and use of the land and of contiguous or adjacent land.

The need for appropriate setbacks from residential areas.

The provision of water, sewerage, drainage and electricity services.

The orderly planning of the zone, including the management of traffic, the provision of pedestrian ways and open space.

The need for financial or other contributions towards the provision of reticulated service infrastructure, community and social facilities and services, transport infrastructure and services.

The provisions of the Melton East Strategy Plan and municipal planning policy.

Melbourne Airport Environs Overlay Clause 45.08The subject site is covered by the Melbourne Airport Environs Overlay (MAEO2) pursuant to the Melton Planning Scheme.

The purpose of the Overlay is to:

To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.

To ensure that land use and development are compatible with the operation of Melbourne

Airport in accordance with the relevant airport strategy or master plan and with safe air navigation for aircraft approaching and departing the airfield.

To assist in shielding people from the impact of aircraft noise by requiring appropriate noise attenuation measures in dwellings and other noise sensitive buildings.

To provide for appropriate levels of noise attenuation depending on the level of forecasted noise exposure.

A permit is required to use land for a dwelling. The development of a single lot for two or more dwellings must not exceed a density of one dwelling per 300 square metres.

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1 Managing our Growth


3. Financial ConsiderationsNo Council related financial considerations are involved with the application.


Public notification of the applicationThe development is technically exempt from notice and review rights as the land is affected by the Development Plan Overlay. Therefore, the application was informally advertised. At the end of the advertising period three objections were received.

The grounds of objection may be summarised as follows: The proposal would decrease the value of the property. That ‘Townhouses’ are inconsistent with the character of the area. The proposal would change the character of the area. The proposal will result in overlooking and a loss of privacy.

Referral of the applicationInternalEngineering Department

No objections, subject to conditions.

Urban Design Have expressed concerns that the proposal is out of character with the surrounding area based on the scale, height and intensity of the proposed dwellings in the context of the dominant subdivision pattern characterised by single dwellings on large lots.

ExternalMelbourne Airport No objections, subject to conditions.

5. Issues

Planning AssessmentAn assessment of the proposal against ResCode reveals that the proposal meets a majority of the prescriptive design standards including site coverage, permeable surface areas, car parking, side and rear setbacks, walls on boundaries, private open space, etc.

However, the proposal to construct two attached double storey dwellings at the rear of the existing is considered to be inconsistent with the prevailing character of the area, which has been established through the subdivision layout, previous developer covenant, and the characteristics exhibited by dwellings that have been construct on lots within the immediate area.

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The specific issue in relation to the proposal is the visual bulk that is exhibited by the proposal. Visual bulk is a planning term used to describe the impression or impact that a building(s) will make in its surroundings. ResCode addresses visual bulk by providing recommended standards for the length of walls on boundaries, the heights of walls on boundaries; and the heights of walls on setbacks from boundaries. However, compliance with these standards does not automatically lead to an acceptable amenity outcome when considering the issue of visual bulk.

Although, the subject land is quite large for a conventional residential lot, the existing dwelling occupies a significant portion of the land. The result is that the proposed dwellings need to be squeezed into what remains in the rear half of the site. Due to the design constraints posed by the existing dwelling and the scale of development proposed as part of this application, the overall development has been designed with minimal setbacks from the adjoining property boundaries with minimal private open space areas, limited separation between the proposed dwellings, and limited opportunities for landscaping.

This is in stark contrast to the character of the neighbourhood, which is predominately characterised by large backyards, which are landscaped and contain structures like sheds, swimming pools, garages, etc. This combined with the two storey design of the dwellings, gives the impression that the proposal is out of character of the surrounding area.

The importance of neighbourhood character is outlined in relevant State Planning Policies and the objectives of a majority of the standards of ResCode. The proposals mere compliance with the prescriptive standards of ResCode is not considered to be acceptable, given, the proposal would result in a development is considered to be out of character with the surrounding area.

Objectors ConcernsThe following is a response to the issues raised by the objectors in relation to this application:

The proposal would decrease the value of the property.

The devaluation of property values is not considered to be a valid planning consideration.

The proposal would change the character of the area. In particular, ‘Townhouses’ are inconsistent with the character of the area.

The planning assessment highlights that the proposal does not appropriately compliment the character of the neighbourhood; and that the proposal is considered to be an over development of the site. Therefore, the application has been recommended for refusal.

The proposal will result in overlooking and a loss of privacy

The issues relation overlooking and loss of privacy have been addressed through the provision of highlight windows with a minimum sill height of 1.7 metres above the finished floor level, which is accordance with the requirements of Standard B22 of Clause 55 (ResCode).

Bedroom 1 of Unit 2 has questionable overlooking looking issues, which can be potentially addressed as a condition on permit, in the event, that a permit is granted.

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6. OptionsCouncil can either support the application by approving the Development Plan and issuing a Planning Permit or not support the proposal by not approving the Development Plan and issuing a Notice of Refusal.

7. ConclusionThe application has been assessed against the State Planning Policy Framework, Local Planning Policy Framework, Zone and Overlay provisions, ResCode (Clause 55), and Clause 65 of the Melton Planning Scheme.

It is considered that the proposal does not comply with the relevant requirements of the Planning Scheme.

Therefore, it is recommended that the applications be refused.


2. Appendix 2 - Plans of Proposal

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11.10 MELTON PLANNING SCHEME - AMENDMENT C151 A SITE SPECIFIC EXCLUSION AND INCORPORATED DOCUMENT TO ALLOW THE USE AND DEVELOPMENT OF 1992-2106 WESTERN HIGHWAY, ROCKBANK FOR A HORSE RIDING SCHOOL

Author: Claire Bickerstaff- Senior Major Developments PlannerPresenter: Bob Baggio- Manager Planning

PURPOSE OF REPORTTo consider a request to amend the Melton Planning Scheme by inserting a new incorporated document into the Schedule to Clause 52.03 (Specific Sites and Exclusions), and the Schedule to Clause 81 – to allow the use and development of the site for a horse riding school to be used by the Riding for the Disabled Association Victoria.

RECOMMENDATION:That Council:

a) Seek authorisation from the Minister for Planning to prepare Amendment C151 in accordance with the requirements of the Planning and Environment Act 1987.

b) Request that the Minister for Planning exempt Council from the notice requirements of Section 19(1) of the Planning and Environment Act 1987.

REPORT

1. Background

Executive Summary A request has been made from Urbis Planning Consultants on behalf of Mirvac Pty Ltd

and Jayaland Pty Ltd, seeking Council support to amend the Melton Planning Scheme by inserting a new incorporated document into the Schedule to Clause 52.03 (Specific Sites and Exclusions), and the Schedule to Clause 81.

The amendment would facilitate the use and development of the land for a horse riding school, to be used by the Riding for the Disabled Association of Victoria.

The proposal generally accords with the Melton Planning Scheme and the Strategic Assessment Guidelines for Planning Scheme Amendments.

It is therefore recommended that Council seek authorisation from the Minister for Planning and request an exemption from the notice requirements.

The Land and Surrounding AreaThe subject site has an area of approximately 44 hectares and is located on the eastern side of Leakes Road, Rockbank. Other features of the site are as follows:

The site is currently undeveloped and does not contain any dwellings or outbuildings.

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The site contains a large area of woodland trees in the northern section. The site is within the approved Rockbank North Precinct Structure Plan area.

The surrounding area can be characterised as rural land with large lot sizes. The surrounding land is zoned Urban Growth Zone.


The AmendmentIt is proposed to introduce a new incorporated document titled ‘RDAV Rockbank Facility, July 2013’ into the Schedule to Clause 52.03 (Specific Sites and Exclusions) and the Schedule to Clause 81.

This will allow the use and development of the land for a horse riding school to be used by Riding for the Disabled Association Victoria.

A Planning Scheme Amendment is required in this instance as the proposed use is prohibited within the zone that applies to the land.

The land is zoned Urban Growth Zone, which allowed the preparation of the Rockbank North Precinct Structure Plan (PSP). The Urban Growth Zone further specifies the applied zoning of all properties within the PSP. The site is identified as Residential 1 Zone.

Under the Residential 1 Zone, the use of the land for a horse riding school (defined as ‘animal training’) is prohibited.

The Planning Scheme allows prohibited uses to be considered via Clause 52.03 – Specific Sites and Exclusions. This means that uses which would otherwise be prohibited can occur in specific locations if Council considers it appropriate.

In support of the request, the proponent has submitted a planning report that states:

‘The horse riding use is compatible with the existing farming use of the land, and is a low impact community use.

The proposed interim use will not prejudice the opportunity for future residential development of the site, nor undermine the long term vision of the Rockbank North PSP.

The proposal is considered to bring wide-ranging benefits to the local community, and will enable the land to be productively used for a needed community purpose while the broader site development takes place.’

The proposed use and development will be located on approximately 1 hectare of land, and comprise of an indoor riding arena and attached office, small horse stabling area, and car parking for 29 spaces.

Refer to Appendix 2 for the draft incorporated document and explanatory report.

Refer to Appendix 3 for the draft plans showing how the land would be developed.


1. Managing our growth


1.4 Value and protect the natural environment for future generations.

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3. Financial ConsiderationsCouncil officer time and resources are involved in the preparation, exhibition and adoption of the amendment, however statutory fees are required from the proponent to assist in defraying these costs.


Public notification of the applicationIt is recommended that Council resolve to seek an exemption from the notice requirements of Section 19(1) of the Planning and Environment Act 1987.

This would mean that notice is not given to surrounding land owners and occupiers.

This is considered appropriate in this instance due to the distance between the site and the nearest dwelling (approximately 250m). Surrounding land uses are predominantly rural in nature, and this amendment would facilitate a similar rural use of the land.

It would be used by a maximum of 20 people per day, so is not anticipated to have any significant amenity impacts in terms of traffic, noise, etc.

Notice would still need to be given to relevant Ministers and placed in the Government Gazette.

5. Issues

Strategic assessment of the proposalIn line with the Strategic Assessment Guidelines for Planning Scheme Amendments (August 2004), prepared by the State Government, every Planning Scheme Amendment should be strategically supported and maintain or develop the strategic focus of the Planning Scheme. It is necessary to determine whether any amendment supports or implements the State Planning Policy Framework (SPPF) and the Local Planning Policy Framework (LPPF) of the Planning Scheme. Further, Council must determine whether the outcome of the amendment will have any consequences in terms of the Planning Scheme’s directions, useability and transparency.

The application will allow an interim use of the land, prior to it being required for urban development in accordance with the Rockbank North Precinct Structure Plan (PSP).

The Rockbank North PSP is unique in that it has only two major landowners. The owner of the majority of the land in the PSP is a joint venture between Mirvac Pty Ltd and Jayaland Pty Ltd, who in conjunction with Riding for the Disabled Association Victoria have proposed this planning scheme amendment.

The land that is proposed to be used for the horse riding school fronts onto Leakes Road, and is identified in the Rockbank North PSP to be developed for residential purposes. To the north is an area of native vegetation that is identified to be protected and conserved as an open space reserve.

It is considered that the use of the land for a horse riding school by the Riding for the Disabled Association Victoria (RDAV) for a period of 30 years will not prejudice the ultimate development of the Rockbank North PSP.

As the majority of the PSP is under the ownership of one developer, they control the staging of their development. Due to the location of existing services and infrastructure, it is likely that development will commence in the south-west portion of the PSP. It is not anticipated that development will occur in the area immediately around the subject site in the short – medium term.

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The Rockbank North PSP includes approximately 396 hectares of land that is available for residential development. This Planning Scheme Amendment would set aside only 1 hectare of land for an interim alternative use.

It is acknowledged that the proposed timeframe of 30 years is a significant period, however to require a shorter time may prohibit the value of the site to Riding for the Disabled Association Victoria. It is also a maximum timeframe; if development was to occur at a faster rate than anticipated, the owner/developer of the land could come to a commercial agreement with RDAV to relocate the facility.

Refer to Appendix 4 for a plan showing the site in context with the Rockbank North PSP.

ReferralsComments were sought from Council’s Strategic Planning and Engineering Departments, neither of which identified any significant concerns with the proposed amendment.

Changes were made to the draft incorporated document, to require elevation plans of the proposed building before works commence, and to require that when Leakes Road is duplicated, alternative access points are provided to the satisfaction of VicRoads and Council.

6. OptionsCouncil can resolve to either:

Request the Minister for Planning authorise the amendment, or

Not proceed with the amendment.

7. ConclusionThe proposed amendment is considered to be consistent with the Melton Planning Scheme and the Strategic Assessment Guidelines for Planning Scheme Amendments.

It will facilitate the use of the land by a community organisation until such time that development of the Rockbank North area is further advanced.

It is therefore recommended that the amendment be submitted to the Minister for Planning for authorisation, and that a request for exemption is made in accordance with the requirements of the Planning and Environment Act 1987.


2. Appendix 2 - Explanatory Report & Incorporated Document

3. Appendix 3 - Plans for the development

4. Appendix 4 - Rockbank North PSP Context Plan

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11.11 MELTON PLANNING SCHEME - AMENDMENT C144 & PA2013/3989 APPLICATION FOR REZONING AT 2 - 4, 6 - 8, 24 AND 26 OUTLOOK RIDE AND 2 GUNNAWARRA ROAD, KURUNJANG AND SUBDIVISION AT 6-8, 24 AND 26 OUTLOOK RIDE, KURUNJANG

Author: Kate Barclay- Senior Development PlannerPresenter: Bob Baggio- Manager Planning

PURPOSE OF REPORTTo consider the preparation and exhibition of a section 96A amendment to the Melton Planning Scheme to rezone land at 2 – 4, 6 – 8, 24 and 26 Outlook Ride and 2 Gunnawarra Road, Kurunjang from Low Density Residential Zone (LDRZ) to a Residential 1 Zone (R1Z) and the residential subdivision of the land at 6 – 8, 24 and 26 Outlook Ride, Kurunjang.


1. Seek authorisation to prepare a s96A Planning Scheme Amendment from the Minister for Planning and;

2. Upon receipt of authorisation, exhibit the amendment, application and permit in accordance with the Planning and Environment Act 1987.

REPORT

1. Executive Summary A request has been made from Peyton Waite seeking Council support to amend the

Melton Planning Scheme by rezoning land at 2 – 4, 6 – 8, 24 and 26 Outlook Ride and 2 Gunnawarra Road, Kurunjang from a Low Density Residential Zone (LDRZ) to a Residential 1 Zone (R1Z).

The request is a combined rezoning and planning permit application for subdivision under Section 96A of the Planning and Environment Act 1987.

Council considered an identical request at its meeting of the 29 March 2012 and resolved not proceed with Amendment C117 for rezoning and subdivision.

The proposal generally accords with the Melton Planning Scheme and the Strategic Assessment Guidelines for Planning Scheme Amendments.

It is therefore recommended that Council seeks authorisation from the Minister to prepare and exhibit the amendment in accordance with the Planning and Environment Act 1987.

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2. Background/Issues

The Land and Surrounding Area

The subject land consists of three adjoining land parcels – the largest of which fronts the north side of Outlook Ride with rear abuttal to Little Blind Creek, with the two other lots fronting the east side of Outlook Ride.

The largest lot known as 6-8 Outlook Ride has an area of some 4.2ha, while the other two lots known as 24 and 26 Outlook Ride have an area of 5001m² and 5436m² respectively. The total land area is 5.244ha.

The land is on the periphery of an existing low density residential area and more conventional residential areas in Kurunjang. The two smaller lots are in effect part of this low density residential estate while the larger lot currently provides a buffer to conventional residential areas to the north, south and east.

The land is vacant save for an established Buloke tree and a number of planted non-indigenous trees located near the frontage of the larger lot. The land is relatively flat and has been previously used for farming purposes.


Planning Controls and History

The land is currently zoned Low Density Residential under Council’s Planning Scheme as is the land to the west through to Coburns Road. Land to the north, south and east is zoned Residential 1.

With recent changes to residential zones under Amendment VC100 in July this year, a planning application can now be made to subdivide the land into minimum 0.2ha lots (given that the land can be connected to reticulated sewerage). Previously the minimum lot size was 0.4ha.

A previous planning permit was issued by Council in March 2004 to subdivide the land into 11 low density lots generally accessed from an internal court. Prior to the expiry of this permit, two of the proposed lots (Lots 10 and 11) were created and each of these lots has been developed with a dwelling and ancillary development. Both of these lots are accessed from Gunnawarra Road which is located off Outlook Ride.

As a requirement of this permit, an s173 agreement was entered into which required (in part) that vehicular access to Lots 1 and 10 be from the proposed internal road and not from Outlook Ride.

Further in March 2012, Council considered a request to rezone the land to facilitate its redevelopment into residential lots. Council resolved not to support the request, and although no formal grounds were given for the rejection, it is believed that the main concern related to increased traffic and safety issues in proximity to the existing schools on Kurunjang Road and Centenary Drive which could be exacerbated by this development.

Refer to Appendix 2 for previous subdivision plan.

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The Amendment

A request has been made for a dual planning scheme amendment and planning permit process under s96A of the Planning and Environment Act. This process would effectively enable the land to be rezoned to Residential 1 and subsequently subdivided into residential lots.

The proposal is accompanied by the following documentation:

A Traffic and Transport Assessment

An Aboriginal Heritage Due Diligence Assessment

A Flora, Fauna and Net Gain Report

A concept subdivision plan and ResCode Assessment, which shows the subdivision of the land into 75 lots with a gradation of lot sizes from east to west, an internal road system with two connection points onto Outlook Ride, and provision for the continuation of the linear reserve along the Little Blind Creek.

Further the proponents request that:

The existing s173 agreement be removed from the larger lot as it is no longer applicable

Properties at 2-4 Outlook Ride and 2 Gunnawarra Road be included in the rezoning to ensure that an isolated area of Low Density Residentially zoned land is not created.

Refer to Appendix 3 for the rezoning plan and indicative subdivision layout.


1. Managing our Growth


4. Financial ConsiderationsCouncil officer time and resources are involved in the preparation and exhibition of the amendment however statutory fees are required from the proponent to assist in defraying these costs.


Formal consultation would occur with surrounding land owners should the amendment request be supported by Council and authorization obtained from the Minister for Planning.

Notwithstanding, officers have written to the adjoining landowners at 2–4 Outlook Ride and 2 Gunnawarra Road advising them of the proposal and seeking an opportunity for them to meet with Council Officers to discuss any issues that they may have prior to the proposal being considered by Council. No feedback was received from the landowners and no further consultation has taken place.

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6. Issues

Strategic assessment of the proposal

In line with the Strategic Assessment Guidelines for Planning Scheme Amendments prepared by the State Government, every Planning Scheme Amendment should be strategically supported and maintain or develop the strategic focus of the planning scheme. It is necessary therefore to determine whether any amendment supports or implements the State Planning Policy Framework (SPPF) and the Local Planning Policy Framework (SPPF) of the planning scheme. Further, Council must determine whether the outcome of the amendment will have consequences in terms of the planning scheme’s directions, usability and transparency.

With this in mind, it is considered important that Council assess this proposal against the following issues:

Is the rezoning supported by relevant State and local planning policies?

Is the proposed subdivision of the land appropriate in the context of the surrounding area?

Will the proposal create or exacerbate traffic problems in the area?

Are there any environmental issues?

What are the implications on the adjoining properties to the south-east of the site?

Is the rezoning supported by relevant State and local planning policies?

The subject land forms the south-eastern edge of a large low density residential area (known as Kurunjang Ranches Estate). This estate is one of two significant low density residential areas in the Melton Township – the other being the Toolern Downs Estate located on the eastern side of Melton-Gisborne Road.

The Kurunjang Ranches Estate is somewhat unusual in that over time it has been surrounded on all sides by existing and proposed conventional residential development.

The focus of State planning policies relevant to this proposal are essentially to consolidate future urban growth in existing urban areas in close proximity to established services and facilities, so as to more efficiently utilise existing infrastructure. The Local Planning Policy Framework while including strategies specific to the Melton Township provides little direction on the future development of this area, however has broader policies which:

Discourage rural living and low density residential development from occurring in areas that would prejudice the orderly expansion of the urban area.

Encourage higher density housing to be developed in close proximity to shopping, public transport, educational facilities and open space.

The subject land is able to be connected to all reticulated services and is reasonably close to Kurunjang Primary and Secondary Schools, and the Kurunjang Reserve. The main retail, community and public transport facilities are generally found in the High Street and Woodgrove Activity Centres, which although beyond reasonable walking distance are easily accessible by a short car trip.

The proposal is therefore considered to be generally supported by relevant planning policies.

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Is the proposed subdivision of the land appropriate in the context of the surrounding area?

The amendment would facilitate the future development of the land into 75 lots ranging in area from 356m² to 809m². The largest of the lots are located in the western part of the subdivision where it abuts existing low density residential development. The density proposed equates to about 14 dwellings per hectare, which although higher than the surrounding area is similar to what is required in most new residential subdivisions.

The internal roads intersect with Outlook Ride in two locations (to the south and west), and are designed in a modified grid pattern - which is supported.

One of the main features of this site is its rear abuttal to Little Blind Creek. An area of land is to be set aside as part of the subdivision to enable the extension of the creek reserve in this location. Importantly, an internal road will adjoin the creek reserve, enabling future development to front onto the creek – in contrast to the adjoining area which backs onto and presents paling fences to the creek reserve.

While the subdivision design is generally considered appropriate, it is recommended that the largest lots be restricted to one dwelling rather than having the potential to be redeveloped with medium density housing.

Will the proposal create or exacerbate traffic problems in the area?

Traffic resulting from the subdivision of this land would have little choice but to travel south along Kurunjang Drive in order to get onto Centenary Drive (the closest connector road) and beyond.

There are no access points to the north and east because of the Creek and as Council would know the low density residential area to the west is divided into two areas where access is only possible for emergency vehicles. In 2009, Council considered a proposal to re-open Gloaming Ride and Thrice Lane; however it was decided not to proceed at that time, and to reconsider the proposal following the completion of the duplication of Centenary Drive.

Notwithstanding, the proponents have submitted a traffic assessment to accompany their proposal. The assessment has undertaken traffic counts in the area and has applied the maximum vehicle movements to be anticipated from this form of development to determine its potential effect on the wider area. The findings confirm that Kurunjang Drive and the local road network can easily accommodate the minor increase in traffic anticipated from the development proposed. Kurunjang Drive itself is designed and constructed to take in the order of up to 12,000 vehicle movements per day and at this time it is nowhere near its capacity. It is also unlikely to reach such capacity; with this site possibly representing the last infill site in this area. At the peak morning and afternoon periods, vehicles from this development would represent only one additional vehicle per minute.

Council’s Engineering Department concurs with the findings of the independent traffic assessment.

Are there any environmental issues?

A Flora and Fauna assessment as part of the proposal concludes that the land does support native grassland vegetation, but it is heavily degraded and is consistent with the definition of degraded treeless vegetation. As such, no offsets are required for the removal of this native vegetation. The only exception is an established Buloke tree which is proposed to be removed as part of the proposed subdivision. The removal of this tree will need to be offset in accordance with the Native Vegetation Management Framework.

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What are the implications on the adjoining properties to the south-east of the site?

As previously mentioned in the report, a subdivision permit was issued in 2004 which resulted in the creation of only two out of 11 lots at the south-east corner of the land. Further, an s173 agreement required that access to Lot 10 be from the internal road which was never created.

It is considered appropriate that any rezoning of the subject land should also include these two existing lots – in order to avoid a situation of creating a small island of low density residential land surrounded by Residential 1 zoned land.

It should be noted by Council, that the proposed subdivision has been designed such that in the event that the respective land owners were interested in redeveloping their lots further in future, one of the internal roads could be extended to provide access to future lots.

Further it is considered that the existing s173 agreement is no longer relevant to the subject land, and that the agreement be amended accordingly.

7. Risk AnalysisThe risk of not rezoning the land is that it will remain underutilised land within the Melton Township.


Seek authorisation to prepare and exhibit the amendment for the prescribed period, or Abandon the amendmentIt is recommended that Council seek authorisation to initiate a s96A Planning Scheme Amendment process from the Minister for Planning and upon receipt of authorisation, exhibit the amendment, application and permit in accordance with the Planning and Environment Act 1987.

LIST OF APPENDICES1. Appendix 1 - Locality Plan and Aerial Photo

2. Appendix 2 - Previous Subdivision Permit

3. Appendix 3 - Rezoning Plan and Indicative Subdivision Layout

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11.12 MELTON PLANNING SCHEME AMENDMENT - C141REALIGNMENT OF THE URBAN FLOODWAY ZONE AT 868-898 MELTON HIGHWAY, HILLSIDE

Author: Matthew Milbourne- Senior Strategic PlannerPresenter: Bob Baggio- Manager Planning

PURPOSE OF REPORTTo consider the adoption of Planning Scheme Amendment C141 which realigns the boundary of the Urban Floodway Zone at 868-898 Melton Highway, Hillside.


1. Adopt Planning Scheme Amendment C141 – Realignment of the Boundary of the Urban Floodway Zone at 868-898 Melton Highway, Hillside.

2. Submit the Amendment to the Minister for Planning for approval.

REPORT

1. Executive Summary A Development Plan and Permit were issued in 2011 for the residential subdivision of

868-898 Melton Highway, Hillside.

A request has been made by SMEC Pty Ltd to modify the alignment and reduce the extent of the Urban Floodway Zone which runs north-south diagonally through the subject land generally over the existing Stony Hill Creek. The applicant advises that the Stony Hill Creek waterway is now contained within a smaller area due to subdivision works undertaken as part of Planning Permit PA2011/3202. This has resulted in part of the land within the Urban Floodway Zone being made redundant. It is proposed to rezone this redundant land to the Residential 1 Zone.

At the Council meeting of 5 March 2013, Council adopted the recommendation that the amendment be prepared, and exempt all of the notice provisions under Section 20(2) of the Planning and Environment Act (the Act), 1987.

The Minister for Planning granted an exemption from the notice provisions under Section 20(2) of the Act, on 12 July 2013.

Notice was given to the Ministers prescribed under Section 19(1) of the Act from 15 July to 1 August 2013. No objection or submission was received in this period.

Therefore it is recommended that Council adopt the planning scheme amendment and submit it to the Minister for Planning for approval.

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2. Background/IssuesThe Land and Surrounding AreaThe subject land is located on the northern side of Melton Highway, Hillside between two established residential estates (Regency Rise Estate and Bellevue Hill Estate). Other features of the site are as follows:

The land is slightly irregular in shape, relatively flat with a gentle slope to the south and is currently vacant (an existing single storey weatherboard dwelling, shed and other associated outbuildings have been removed from the land).

The subject land has a frontage to Melton Highway of 250 metres and a depth of 380 metres resulting in a total site area of 10.5 hectares.

The Stony Hill Creek runs through the middle of the subject land in a north-west to south-east direction. An existing dam is located in the southern portion of the site.

The surrounding area is characterised by established residential development containing a mix of single and double storey brick and cement rendered dwellings with concrete tiled roofing and associated outbuildings. Land opposite the site on the southern side of Melton Highway has been subdivided and is developing. The land also contains an existing single storey commercial building (emergency services facility occupied by Ambulance Victoria) and a recently constructed petrol filling station.

Refer to Appendix 1 for the location plan.

The AmendmentIt is proposed to reduce the footprint of the Urban Floodway Zone within the subject land and rezone part of the land within the Urban Floodway Zone to a Residential 1 Zone.

The Urban Floodway Zone presently runs north-south diagonally through the subject land and covers the Stony Hill Creek waterway and partially covers land to the east and west of the waterway. The applicant has advised that the Stony Hill Creek waterway will now be contained within a smaller area due to approved subdivision works carried out as part of Planning Permit PA2011/3202 resulting in part of the land in the Urban Floodway Zone now being redundant. It is proposed to rezone this land from the Urban Floodway Zone to the Residential 1 Zone. The plan of subdivision approved under the Planning Permit shows this land as containing an internal road and a number of residential lots.

Refer to Appendix 2 for the current zoning plan and Appendix 3 for the amendment plan.

Strategic assessment of the proposal

In line with the Strategic Assessment Guidelines for Planning Scheme Amendments (August 2004), prepared by the State Government, every Planning Scheme Amendment should be strategically supported and maintain or develop the strategic focus of the Planning Scheme. It is necessary to determine whether any amendment supports or implements the State Planning Policy Framework (SPPF) and the Local Planning Policy Framework (LPPF) of the Planning Scheme. Further, Council must determine whether the outcome of the amendment will have any consequences in terms of the Planning Scheme’s directions, useability and transparency.

The matters required to be covered in the Strategic Assessment Guidelines are addressed in the explanatory report.

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The amendment is consistent with the objectives of planning in Victoria, the relevant sections of the State and Local Planning Policy Framework (including Council’s Municipal Strategic Statement and Council’s local planning policies) and the purpose of the Residential 1 Zone and the Urban Floodway Zone.

The amendment would remove a redundant portion of the Urban Floodway Zone from an internal road and residential lots and allow these proposed lots to be developed for residential purposes without having to place onerous planning and economic constraints on the future owners and occupiers of these lots. The rezoning of the redundant portion of Urban Floodway Zone land to a Residential 1 Zone is appropriate as it will be consistent with the current zoning that applies to the remainder of the subject land. This Residential 1 zoning is also consistent with the zoning of the adjacent land to the north, east and west which contain established residential areas.

The amendment re-aligns the boundary of the Urban Floodway Zone as a result of subdivision works carried out on the land in accordance with a Stormwater Management Plan approved under Planning Permit PA2011/3202 and provides appropriate recognition of the Stony Creek flood zone environment and overland flows.


1. Managing our Growth: A clear vision to connect and develop a sustainable City


4. Financial ConsiderationsCouncil officer time and resources are involved in the preparation and exhibition of the amendment however statutory fees are required from the proponent to assist in defraying these costs. The proponent will bear the costs associated with the planning scheme amendment.

5. Consultation/Public SubmissionsThe Department of Transport, Planning and Local Infrastructure have produced Advisory Note 12 – A Protocol for Fast Tracking Amendments which sets out a fast track protocol to reduce the time frame for amendments that remove redundant or anomalous provisions.

Under the provisions of Section 20(2) of the Planning and Environment Act, 1987 (the Act) the Minister may grant an exemption from the requirements relating to giving notice of an amendment if the Minister considers that compliance with any of those requirements is not warranted.

Given that the amendment seeks to reduce the extent of the Urban Floodway Zone and involves rezoning a small part of the land to the Residential 1 Zone, it was considered appropriate to request the Minister for Planning fast track the amendment by exempting all of the notification requirements under the provisions of Section 20(2) of the Act.

The Minister for Planning exempted most of the notice requirements, however the Minister required Council to advise the prescribed Ministers of the amendment. The Ministers have not responded.

Council was also required to advise any owner and occupier of land that it believes may be materially affected by the amendment (Section 19(1)(b) of the Act). Given that the amendment sought to remove a restrictive zone (the Urban Floodway Zone) from land and replace it with a less restrictive zone (the Residential 1 Zone) it was not considered necessary to provide notice to landowners in this instance. The part of the site where the

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Urban Floodway Zone is being increased will be public land and therefore there is no requirement to advise any party of this.

Melbourne Water, the floodway manager, provided a letter on 23 May 2013 advising that it had reviewed the revise Urban Floodway Zone polygon, did not object to the proposed changes to the polygon, and provided its consent to the polygon changes. It was therefore considered not necessary to provide notice to Melbourne Water in this instance.

As previously discussed the rezoning will amend the extent of the Urban Floodway Zone only and not result in any changes to the approved subdivision plan. In this context, it is consider that the proposed amendment is consistent with the requirements of the Approved Development Plan for the site.

6. Risk AnalysisIf Council does not proceed with the amendment some land owners will be required to obtain planning permission for building and works even though their land is no longer subject to the flooding risk identified by the Urban Floodway Zone.


Adopt the amendment as exhibited and submit to the Minister for Planning for approval, or

Abandon the amendment.

ConclusionThe proposed amendment is considered to be consistent with the Melton Planning Scheme and the Strategic Assessment Guidelines for Planning Scheme Amendments.

It is therefore recommended that the amendment be adopted and submitted to the Minister for Planning for approval.

LIST OF APPENDICES1. Appendix 1 - Amendment C141 - Locality Plan

2. Appendix 2 - Amendment C141 - Current Zoning Plan

3. Appendix 3 - Amendment C141 - Amendment Plan

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11.13 HERITAGE ADVISORY COMMITTEE MEETING - 28 JUNE 2013Author: Laura-Jo Mellan- Coordinator Strategic Planning

Presenter: Bob Baggio- Manager Planning

PURPOSE OF REPORTTo consider the minutes of the Heritage Advisory Committee meeting held on 28 June 2013.

RECOMMENDATION:1. That unconfirmed minutes of the Heritage Advisory Committee of 28 June 2013 be noted

and;

2. Council endorse the recommendations as detailed in the minutes of the Heritage Advisory Committee meeting held on 28 June 2013 (refer Appendix 1).

REPORT

1. Executive SummaryThe Heritage Advisory Committee provides advice to Council on the management and conservation of heritage in the City of Melton. The Committee makes recommendations to Council for applications to the Heritage Assistance Fund and advocates on behalf of the community on heritage matters.

At its 28 June Meeting the Committee:

Received a copy of the recently approved Heritage Strategy.

Draft guidelines for the Heritage Assistance Fund and Heritage Award.

Discussed potential events for the next Heritage Week.

Made two recommendations for Council consideration relating to the history panel at Woodgrove Shopping Centre and interpretative signage at heritage locations around the City.

2. Background/IssuesAt the 28 June meeting the Heritage Advisory Committee received a copy of the approved Heritage Strategy 2013-17 which was approved by Council at the 26 June Ordinary Meeting. The Committee was issued with draft guidelines for the Heritage Assistance Fund and Heritage Award for comment and approval. There was a general discussion on potential events for Heritage Week 2014 and the format of the History Prize Sponsorship.

The minutes outline a number of actions for the Committee members and only two recommendations for Council to adopt which are to:

1. Approve Council Officers to approach QIC to discuss opportunities for the relocation of the history panel which is displayed at Woodgrove once construction of the expansion is complete.

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2. Approve Council Officers, in collaboration with the Heritage Advisory Committee to explore opportunities for update and additional interpretative signage at Hannah Watts Park, the Willows and other heritage locations around the City.

The outputs of any discussions or proposals which result from the above will be required to be reported back as recommendations to Council in future Heritage Advisory Committee minutes prior to any further action being taken. Therefore, it is recommended that the recommendations be adopted by Council.



2.3 Facilitate community engagement in planning and decision making


2.3 Facilitate community engagement in planning and decision making

4. Financial ConsiderationsThe finance for the Heritage Assistance Fund is a recurring grant allocated in the Council budget each financial year. Applications for the fund are assessed by the Committee and approved by Council. Any money awarded must be acquitted within the same financial year.

5. Consultation/Public SubmissionsNot applicable.

6. Risk AnalysisThe Committee has an advisory capacity only and can make recommendations that Council can choose to not adopt, therefore it is considered that there is limited risk to Council.

7. OptionsCouncil has the option of adopting the recommendations of the Committee (in full or in part) or alternately not adopt the recommendations.


Appendix 1 - Heritage Advisory Committee Meeting Minutes

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11.14 MELTON PLANNING SCHEME - AMENDMENT C135 683-687 AND 761-797 HIGH STREET, MELTON WEST

Author: Matthew Milbourne- Senior Strategic PlannerPresenter: Bob Baggio- Manager Planning

PURPOSE OF REPORTTo consider the adoption of Amendment C135 to the Melton Planning Scheme at 683-687 and 761-797 High Street, Melton West.


1. Adopt Amendment C135 to the Melton Planning Scheme at 683-687 and 761-797 High Street, Melton West.

2. Submit the Amendment to the Minister for Planning for approval.

REPORT1. Executive Summary

Amendment C135 proposes to rezone land at 683-687 High Street, Melton West owned by VicRoads (land now surplus to their requirements) and 761-797 High Street, Melton West owned by Melton Gospel Trust.

It is proposed to rezone the land currently subject to the Farming Zone (FZ) to Residential 1 Zone (R1Z) consistent with the zoning of the surrounding area and to rezone a section of land adjacent to the Bulmans Road / Western Freeway intersection from the Farming and Industrial 3 Zones (IN3Z) to Road Zone, Category 1 (RDZ1), to facilitate a future diamond interchange.

Preparation of the amendment was authorised by the Minister for Planning. Nine submissions were received of which two objected to the amendment.

The submissions were referred to an Independent Planning Panel appointed by the Minister for Planning, which has recommended that Amendment C135 to the Melton Planning Scheme should be adopted as exhibited.

It is recommended that Council adopts this amendment, and sends it to the Minister for Planning for approval.

2. Background/Issues

The AmendmentThe amendment seeks to rezone 683-687 and 761-797 High Street, Melton West from Farming Zone to Residential 1 Zone (R1Z), rezone Parcels No. 14 and 31 on SP18899B from Farming Zone to Road Zone Category 1, and rezone Parcels No. 32 and 33 on SP18899B from Industrial 3 Zone to Road Zone Category 1 (RDZ1). The rezoning will remove redundant zoning to enable the efficient use of land within an established urban area, as well as acknowledge the purpose of the land planned for a future diamond interchange connecting to the Western Freeway.

The amendment is required to correct the redundant zoning applied to the subject site and allow for urban development that is compatible with the surrounding residential area. It will

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also allow for zoning consistent with the proposed diamond interchange for the Western Freeway at Bulmans Road.

The Residential 1 Zone has been identified as the most appropriate zone for two of the lots as they adjoin land within the Residential 1 Zone, are within the Urban Growth Boundary, have limited constraints, and support the use of land for a Place of Worship which exists on one of the lots.

The Road Zone Category 1 has been identified as the most appropriate zone for the remaining lots on the eastern and western sides of Bulmans Road which are reserved for a planned diamond interchange for the Western Freeway.

The amendment is required to ensure that the subject land can be used for future urban development and facilitate the construction of the proposed diamond interchange at Bulmans Road.

A portion of the subject land owned by VicRoads has been deemed surplus to requirements for road purposes. Prior to disposal of this property, it is a requirement of the Government Land Monitor that the most appropriate zoning for the land must be established and put in place before the sale. The amendment process is the only method available to alter the zoning of the land.

Refer to Appendix 1 Location Plan.

Refer to Appendix 2 for existing and proposed zoning maps.

Strategic assessment of the proposalIn line with the Strategic Assessment Guidelines for Planning Scheme Amendments (August 2004), prepared by the State Government, every Planning Scheme Amendment should be strategically supported and maintain or develop the strategic focus of the Planning Scheme. It is necessary to determine whether any amendment supports or implements the State Planning Policy Framework (SPPF) and the Local Planning Policy Framework (LPPF) of the Planning Scheme. Further, Council must determine whether the outcome of the amendment will have any consequences in terms of the Planning Scheme’s directions, useability and transparency.The amendment has been assessed against these guidelines, and the rezoning has been found to be consistent with the SPPF and the LPPF. The Planning Panel, has agreed with this and has recommended that the amendment be adopted as exhibited.

Exhibition and Public SubmissionsPublic notification of the amendment involved notice to land owners and occupiers and Government bodies and agencies who may be materially affected by the amendment. Notices were placed in local newspapers circulating in Melton, a notice in the Government Gazette, letters to surrounding land owners and land occupiers, Government bodies and agencies. The amendment was on exhibition from 19 March to 22 April 2013, generating nine submissions of which two objected to the amendment.

The two submissions objecting to the amendment raised the following concerns, which could not be resolved by Council: The amendment will have adverse impact / possible destruction of habitat for the

Growling Grass Frog; and

The rezoning from Framing Zone to the Residential 1 Zone will result in loss of amenity for adjoining residents resulting from increased traffic from the subsequent subdivision of the land and the construction of the diamond interchange at Bulmans Road.

The submissions were referred to an Independent Planning Panel which was appointed by the Minister for Planning.

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Planning PanelThe Panel conducted a Directions Hearing on 18 June 2013, and considered the submissions at a Panel Hearing conducted on 15 July 2013.The Panel considered all the submissions and in its report has recommended that Amendment C135 to the Melton Planning Scheme should be adopted as exhibited.The Panel found that the Amendment is strategically justified under the Melton Planning Scheme.The Panel ruled that the protection (or offsetting) of habitat for the Growling Grass Frog is determined when an application for development of the land is lodged. At this point of time there is no such application, and the consideration of this application is purely to amend the zoning of the land.The Panel recognised that an assessment of the land will be required prior to any application for subdivision, which will either require the retention of land on the site for Growling Grass Frog habitat, or permission may be granted to offset the habitat on an alternative site. The Panel therefore concluded that there was no basis to recommend against Amendment C135 on the possible presence of the Growling Grass Frog at the site.The Panel considered the submission regarding the loss of amenity created by the rezoning and concluded that the future use and development of the land will be addressed in future planning applications, and therefore this do not override the public benefit derived by the rezoning proposal in Amendment C135.Refer to Appendix 3 C135 Panel Report.

3. Council Plan Reference and Policy ReferenceThe Melton City Council 2013-2017 Council Plan references:1. Managing our Growth: A clear vision to connect and develop a sustainable City

1.1 Strategically plan for a well designed and built City4. Financial Considerations

Council officer time and resources are involved in the preparation, exhibition and adoption of the amendment, however statutory fees are required from the proponent to assist in defraying these costs.

5. Consultation/Public SubmissionsPublic notification of the applicationExhibition of the amendment involved notice: To land owners and occupiers, and Government bodies, who may be materially

affected by the amendment. In a local newspaper circulating in the area, on Council’s website, and in the Victorian

Government Gazette.The amendment was on exhibition from 19 March to 22 April 2013, generating nine submissions of which two objected to the amendment.The two submissions objecting to the amendment raised the following concerns, which could not be resolved by Council, and these were referred to an Independent Planning Panel appointed by the Minister for Planning. The Panel considered the submissions and has recommended that the amendment be adopted as exhibited.

6. Risk AnalysisIf the Amendment is not approved it will result in the inappropriate zoning of land. This will potentially create issues for the decision making process for any future planning permit applications.


Adopt the amendment as exhibited and submit to the Minister for Planning for approval, or

Abandon the amendment.

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LIST OF APPENDICES1. Appendix 1 - Locality Plan Amendment C135

2. Appendix 2 - Existing and proposed zoning Amendment C135

3. Appendix 3 - Panel Report Amendment C135

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11.15 LOCAL GOVERNMENT REFERENDUM UPDATEAuthor: Daniel Hogan- Customer Engagement Manager


PURPOSE OF REPORTTo inform Council of a recent decision by the Australian Government to cancel a scheduled referendum considering the constitutional status of local government.

RECOMMENDATION:That Council note this report.


Due to a change of election date, Prime Minister Kevin Rudd announced on August 4, 2013 that a proposed referendum on the status of local government under the Constitution will not take place.

Council had previously resolved to contribute an amount of $10,000 to support a national Australian Local Government Association (ALGA) campaign to promote and advocate for a ‘Yes’ vote in the referendum.

Council has requested a refund of all or a portion of the money contributed.

2. Background/IssuesOn 9 May 2013, then Prime Minister Julia Gillard announced the Australian Government’s intention to hold a referendum on September 14 2013, to be held the same day as the federal election.

The intent of the referendum was to provide for the constitutional recognition of local government, and therefore protect direct federal funding to Councils from legal challenge on constitutional grounds.

The replacement of Julia Gillard by Kevin Rudd as Prime Minister on June 26 2013, has led to both the establishment of a new federal election date, September 7, and the “postponement” of the local government referendum.

Council had supported the ‘Yes’ campaign for constitutional recognition, a position confirmed by Council motion and the contribution of $10,000 to the Municipal Association of Victoria (MAV) to help fund a national Australian Local Government Association (ALGA) campaign to promote and advocate a positive outcome.

Given that the referendum will not be proceeding as scheduled, and in the absence of a new date, the MAV has advised Victorian Councils that they aim to return donations, but warns that a certain amount had been expended in the development of the campaign to date. The MAV is working with both the ALGA and the Federal Government in relation to recouping costs.

The MAV and the ALGA is also seeking a commitment from all major parties to establish a new date for this referendum question, to capitalise on the work and public support already achieved.

The vast majority of Councils have expressed regret that this opportunity for constitutional recognition has been removed.

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3. Council Plan Reference and Policy ReferenceThe Melton City Council 2013-2017 Council Plan references:2. A Well Governed and Leading Organisation: Operating with innovation, transparency,

accountability and sustainability2.1 Build community trust through socially responsible governance for long term

sustainability4. Financial Considerations

A refund of Council’s contribution to the Australian Local Government Association (ALGA) campaign supporting the referendum is likely. The amount is yet to be confirmed as discussions with ALGA and the Federal Government are ongoing.

5. Consultation/Public SubmissionsN/A.

6. Risk AnalysisIn the absence of constitutional recognition, direct federal funding to Council remains at risk of legal challenge.

7. OptionsNil.

LIST OF APPENDICESNil

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11.16 WERRIBEE RIVER TRAIL STRATEGYAuthor: Brett Luxford- Manager Business Growth & Sustainability


PURPOSE OF REPORTTo present to Council the final version of the Werribee River Shared Trail Strategy and to request that Council adopt the strategy.

RECOMMENDATION:That Council adopt the Werribee River Trail Strategy.


The Werribee River Trail Strategy (refer Appendix 1) project offers a unique opportunity to lay into place the required long-term thinking to establish an outstanding piece of infrastructure linking the communities of Melton and Werribee.

The strategy identifies the preferred alignment for a shared (cycle/walking) trail taking into account the issues of topography, land ownership, native vegetation, cultural heritage, flood levels and current/future land use.

The strategy was presented to Council in July 2012 and placed on public exhibition for a period of 1 month. During this time no submissions were received from Melton City Council residents. There were however issues identified with the potential alignment of the trail in the lower reaches in the City of Wyndham. This particularly related to sensitive land uses which required further investigation with the Victorian Government. These issues took some time to resolve however the strategy has now been finalised and is presented to Council for final adoption.

2. Background/IssuesThe Werribee River (the River) is the major waterway in the west of Melbourne. It provides farmers and irrigators with extensive amounts of water, year round. It is dammed at the Exford Weir, controlling supply downstream to the Southern Rural Diversion Weir and Channel, which supplies water to market gardeners in Werribee South. A large sewerage treatment plant, Surbiton Park, is operated by Western Water beside the River, south of Melton. Significant sections of the River between Melton and Werribee have had little public access, despite extensive sections in public ownership. Many areas along the River have been grazed by cattle, sheep and goats. Significant pest plant and animal problems exist along the River with serrated tussock and rabbits being of particular concern. Unauthorised River crossings as well as extractive industries have also resulted in some degradation of the waterway and surrounds. The waterway has an extensive history of aboriginal occupation, with middens and burial sites along the River.The Werribee River Trail Strategy explores the development of appropriate links along the Werribee River between Wyndham and Melton, especially as further urban development and infrastructure is planned in the study area (including road and rail). This has been a rare

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opportunity to establish a strategy for the River and environs between the two centres before decisions are taken about urban expansion, major public infrastructure and private land development investment.

Melton and Wyndham Councils will utilise the Strategy as a strategic document to guide decisions surrounding future land-use planning. It will assist in the preparation of Precinct Structure Plans for Wyndham’s growth areas. The Strategy is expected to provide planning guidance on the future of public open space along the River, as well as investigating the necessity of land acquisitions to ensure contiguous reserves.The Werribee River Trail Strategy has been developed as a result of significant consultation with current landowners/managers and key stakeholders including user groups, regional bodies and State Government.The strategy identifies the preferred alignment and construction methods for a shared trail along the River. The strategy takes into account the vast variances in topography along the entire river and connects to major points of interest. It also identifies the issues of access to land, cultural heritage, flood levels and current/future land uses and recommends strategies to deal with those issues.The strategy has been a partnership between Wyndham City Council, Melton City Council, Parks Victoria and the Vision for Werribee Plains and has brought together a range of experts to make the most of this important opportunity.The draft strategy was presented to Council in July 2012 with the recommendation to place the draft strategy on public exhibition. The strategy was on exhibition for a period of 1 month and no submissions were received at Melton City Council. A few issues with the alignment and some key environmental values were identified in the lower reaches in the City of Wyndham which took some time to resolve with the Victorian Government. These issues have been resolved and the final strategy is presented to Council for adoption.

3. Council Plan Reference and Policy ReferenceThe Melton City Council 2013-2017 Council Plan references:1. Managing our Growth: A clear vision to connect and develop a sustainable City

1.1 Strategically plan for a well designed and built City.1.2 Build a sense of place through an engaging range of community facilities and shared

open spaces. 1.4 Value and protect the natural environment for future generations.

4. Financial ConsiderationsThe development of the Werribee River Trail Strategy has been funded by Melton City Council, Wyndham City Council, Parks Victoria and the Vision for Werribee Plains. The implementation of the strategy in areas that fall within the future urban development will likely be constructed a part of that development. The strategy allows for this to be identified early and ensure the maximum opportunity for implementation in line with the strategy.For areas outside the future urban development (rural land) the implementation of the strategy will occur over a number of years and will be the subject of future funding bids through both Wyndham and Melton Councils’ own budget and through various funding bodies as opportunities arise.

5. Consultation/Public SubmissionsIn the development of the draft strategy there have been a number of workshops with landowners/managers, user groups, friends groups, State Government departments and water authorities.

There has been strong support for the development of the strategy from all groups however land owners were resistant of the strategy traversing their land. This has been considered in the alignment of the strategy and where possible the strategy is contained on publicly owned or controlled land. Where this has not been possible land owners have been advised and are aware of the proposed alignment and negotiations are continuing with those landowners.

The strategy was also released for public comment after the initial draft strategy was presented to Council.

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6. Risk AnalysisThe adoption of the draft strategy minimises the risk to Council that a trail will be completed that does not meet the needs of the community or landowners. This strategy has been developed with significant input from affected parties and through this process the risk of not meeting the needs of the community is minimised.

7. OptionsCouncil has the option to:1. Adopt the strategy 2. Reject the draft strategy


Werribee River Shared Trail Strategy

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ORDINARY MEETING OF COUNCIL 23 JULY 2013

12. REPORTS FROM DELEGATES APPOINTED BY COUNCIL TO OTHER BODIES

13. COUNCILLOR REPRESENTATIONS AND ACKNOWLEDGEMENTS13.1 PUBLIC ADDRESS BY EACH COUNCILLOR

13.2 RECORD OF ASSEMBLY OF COUNCILLORS ATTACHED TO THIS AGENDA IN ACCORDANCE WITH SECTION 80A(1) OF THE LOCAL GOVERNMENT ACT 1989

2 July 2013 Record of Assembly of Councillors



RECOMMENDATION:That the Record of Assembly of Councillors attached to this Agenda dated 2 July, 9 July and 16 July 2013 be received and noted.



2.


3.


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ORDINARY MEETING OF COUNCILItem 13.2 Record of Assembly of Councillors Attached To This Agenda

in Accordance with Section 80a(1) of The Local Government Act 1989

Appendix 1 2 July 2013 Record of Assembly of Councillors

23 JULY 2013

Record of Assembly of CouncillorsRecord in accordance with Section 80A(1) of the Local Government Act 1989

Name of Meeting: Council BriefingDate of Meeting: 2 July 2013

Attendees

Councillors Staff

Cr Kathy Majdlik Kelvin Tori, Chief Executive Officer

Cr Bob Turner Peter Bean, General Manager Corporate

Cr Nola Dunn Maurie Heaney, General Manager Community Services

Cr Sophie Ramsey Luke Shannon, General Manager Planning & Development Services

Michael Tudball, Growth Areas Executive

Matter

1. Presentation to Council on Atherstone Joint Venture

2. Regional Development Australia Fund

3. Councillor discussion

4. Mayor and Chief Executive Weekly Meeting

5. Training opportunities for Councillors

Conflict of Interest Disclosures

Matter No: Names of Councillors who disclosed conflicts of Interest

Did the Councillor leave the meeting?

(Note: Details of matters discussed at the meeting that have been designated confidential under Section 77 of The Local Government Act 1989 are described in a separate “confidential addendum” that will be reported to the next closed Council meeting).

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ORDINARY MEETING OF COUNCILItem 13.2 Record of Assembly of Councillors Attached To

This Agenda in Accordance with Section 80a(1) of The Local Government Act 1989

Appendix 2 9 July 2013 Record of Assembly of Councillors

23 JULY 2013


Name of Meeting: Council Briefing

Date of Meeting: 9 July 2013

Attendees

Councillors Staff


Cr Bob Turner Peter Bean, General Manager Corporate Services



Cr Renata Cugliari Dan Hogan, Manager Customer Engagement

Bob Baggio, Manager Planning

Tennille Bradley, Coordinator Economic Development & Tourism

Laura-Jo Mellan, Coordinator Strategic Planning

Matter

1. Promotional Video

2. Strategic Planning Project update

3. Carols by Candlelight discussion

4. Mayor and Chief Executive Officer weekly meeting




Nil.


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Name of Meeting: Council Briefing

Date of Meeting: 16 July 2013

Attendees

Councillors Staff


Cr Bob Turner Peter Bean, General Manager Corporate Services



Cr Renata Cugliari Adam Boyle, Manager Community Planning

Cr Broden Borg Les Stokes, Manager Engineering Services

Bob Baggio, Manager Planning

Francesca Carlton, Manager Community Development

Matter

1. Draft Agenda Ordinary Council Meeting 23 July 2013

2. Councillor discussion

3. Catherine Drive traffic management




Nil.


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14. NOTICES OF MOTION

Nil.

15. COUNCILLOR’S QUESTIONS WITHOUT NOTICE

16. MOTIONS WITHOUT NOTICE

17. URGENT BUSINESS

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18. CONFIDENTIAL BUSINESSProcedural MotionThat pursuant to Section 89(2) of the Local Government Act (1989) the meeting be closed to the public to consider the following reports, that are considered confidential for the reasons indicated:

18.1 Property Development Advisory Committee (PDAC) Meeting 30This report is confidential in accordance with s89(2)(d)as it relates to contractual matters.

18.2 Awarding of Contract for the construction of the Arnolds Creek Recreation ReserveThis report is confidential in accordance with s89(2)(d)as it relates to contractual matters.

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FOI EXEMPT AND NOT AVAILABLE FOR PUBLIC INSPECTIONORDINARY MEETING OF COUNCILItem 18.1 Property Development Advisory Committee

(PDAC) Meeting 30Appendix 1 Property Development Advisory Committee

Meeting Minutes

27 AUGUST 2013

18.1 PROPERTY DEVELOPMENT ADVISORY COMMITTEE (PDAC) MEETING 30Author: Michael Tudball- Growth Areas Executive


PURPOSE OF REPORTTo consider the minutes of the Property Development Advisory Committee from the 30 July 2013 (meeting number 30).

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FOI EXEMPT AND NOT AVAILABLE FOR PUBLIC INSPECTIONORDINARY MEETING OF COUNCILItem 18.2 Awarding of Contract for the construction of the

Arnolds Creek Recreation ReserveAppendix 1 Arnolds Creek Recreation Reserve Master Plan

27 AUGUST 2013

18.2 AWARDING OF CONTRACT FOR THE CONSTRUCTION OF THE ARNOLDS CREEK RECREATION RESERVE

Author: Leigh Ryall- Capital Projects CoordinatorPresenter: Luke Shannon- General Manager Planning and Development

PURPOSE OF REPORTTo advise Council that the tender assessment for the construction of the Arnolds Creek Recreation Reserve has been completed and a recommendation is presented to Council.

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Procedural Motion

That the meeting be opened to the public.

19. CLOSE OF BUSINESS

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