knox city council2 council - reports by councillors 26 march 2013 5.1 committees & delegates...

KNOX CITY COUNCIL MINUTES

Ordinary Meeting of Council

Held at the

Civic Centre

511 Burwood Highway

Wantirna South On

26 March 2013

At 7.00pm

KNOX CITY COUNCIL

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

ON TUESDAY 26 MARCH 2013 AT 7.00PM

PRESENT:

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

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

“Knox City Council acknowledges we are on the

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

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

Nil

2. DECLARATIONS OF CONFLICT OF INTEREST

Nil 3. CONFIRMATION OF MINUTES

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

held on Tuesday 26 February 2013 CARRIED

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

held on Tuesday 12 March 2013 CARRIED

MOVED: CR. GILL SECONDED: CR. COSSARI 3.3 Confirmation of Minutes of Ferntree Gully Cemetery Trust Special

Committee Meeting held on Wednesday 5 September 2012 CARRIED

4. PETITIONS AND MEMORIALS 4.1 Councillor Pearce presented a petition with 85 signatories requesting

Council to investigate the feasibility of installing a Skate Park at Emerson Place Reserve next to the Wellington Village Shopping Centre to provide an activity space for young people in the local area and beyond.

The Petition lay on the table.

4.2 Councillor Pearce presented a petition with 17 signatories from residents

of the Waverley Country Club requesting Council to undertake an urgent review of the valuations of residential properties at the Club.

The Petition lay on the table.

COUNCIL 26 March 2013 5. REPORTS BY COUNCILLORS

5.1

Committees & Delegates

1.

5.2

Ward Issues

3.

6. CONSIDERING AND ORDERING UPON OFFICERS’ REPORTS WITHIN THE

CHIEF EXECUTIVE OFFICER GROUP

6.1

All Wards Councillor Code of Conduct

6.


CITY DEVELOPMENT GROUP

7.1

All Wards Report of Planning Applications Decided Under Delegation

41.

7.2

Baird Ward Application to Develop the Land for Five (5) Double Storey Dwellings and Alteration to Access to a Road Zone Category 1 at 226 Boronia Road, Boronia, Melway Ref. 64 H9 (Application No. P2012/6390)

47.

7.3

Tirhatuan Ward Proposed Development of Two (2) Two Storey Apartment Buildings Containing Twenty Four (24) Dwellings and Basement Car Parking and Creation/Alteration of Access to a Category One Road at 1118-1120 Stud Road, Rowville, Melway Ref. 81 J1 (Application No. P2010/6822)

79.

7.4

Scott Ward Application for Five (5) Lot Subdivision at 19 & 27 Gravillia Grove, Wantirna South. Melway Ref. 63 D11 (Application No. P2012/6845)

118.

7.5

Scott Ward Application for the Development of the Land for a Double Storey Dwelling to the Side of the Existing Dwelling and Subdivision of the Land Into Two (2) Lots at 1 Lancelot Close, Wantirna South, Melway Ref. 73A2 (Application No. P/2012/6454)

135.

7.6

All Wards Housing Monitoring and Review Program 2012

166.

7.7

All Wards Knox City Council Submission to State Government’s Metropolitan Planning Strategy Discussion Paper

178.

7.8

All Wards Knox Municipal Emergency Management Plan

186.

COUNCIL 26 March 2013 8. PUBLIC QUESTION TIME (Following the completion of business relating to Item 7, City Development, the business before the Council Meeting will be deferred to consider questions submitted by the public). 192. 9. CONSIDERING AND ORDERING UPON OFFICERS’ REPORTS WITHIN THE

ENGINEERING & INFRASTRUCTURE GROUP

9.1

All Wards Review of Knox Road Management Plan

197.


CORPORATE DEVELOPMENT GROUP

10.1

All Wards Proposed Fees and Charges 2013-14

203.

10.2

All Wards 2012 General Elections Report

206.

10.3

All Wards Recreation and Leisure Liaison Group – Councillor Appointment

209.

10.4

All Wards Instrument of Delegation to the Chief Executive Officer

211.

11. ITEMS FOR INFORMATION

11.1

All Wards Assemblies of Councillors

217.

11.2

All Wards Works Report as at 7 March 2013

232.

11.3

All Wards Supplementary Valuations

251.

12. MOTIONS FOR WHICH NOTICE HAS PREVIOUSLY BEEN GIVEN 256. 13. SUPPLEMENTARY ITEMS 256. 14. URGENT BUSINESS 256. 14.1 Urgent Business 256. 14.2 Call Up Items 256.

14.2.1 Light Emitting Diode Street Lighting 256.

15. QUESTIONS WITHOUT NOTICE 257. GRAEME EMONSON CHIEF EXECUTIVE OFFICER

1 COUNCIL - REPORTS BY COUNCILLORS 26 March 2013

5. REPORTS BY COUNCILLORS

5.1 Committees & Delegates 5.1.1 COUNCILLOR COOPER Councillor Cooper attended the following Meetings

• Inspection of Cathies Lane Transfer Station & Recycling Facility • Stamford Park Business Modelling 5.1.2 COUNCILLOR SEYMOUR Councillor Seymour attended the following Meetings

• Inspection of Cathies Lane Transfer Station & Recycling Facility • Jan McLucas, Parliamentary Secretary for Disabilities & Carers • Youth Issues Advisory Committee • Knox Housing Advisory Committee • Stamford Park Community Reference Group • Suburban Bloom: Celebrating the Women of Knox • Place Program Discussion Series • Rowville Primary School Assembly • Rowville Community Workshop • Rowville Community Reference Group 5.1.3 COUNCILLOR LOCKWOOD Councillor Lockwood attended the following Meetings

• Public Transport Consultative Committee • Eastern Regional Libraries Corporation Board • Eastern Transport Coalition • Knox Affordable Housing Reference Group • Municipal Association of Victoria • Boronia Radio Controlled Car Club Victorian Championships 5.1.4 COUNCILLOR PEARCE Councillor Pearce attended the following Meetings

• Stamford Park Business Modelling • Audit Committee • Rowville Community Reference Group


5.1 Committees & Delegates (cont’d) 5.1.5 COUNCILLOR COSSARI Councillor Cossari attended the following Meetings

• Audit Committee 5.1.6 COUNCILLOR MORTIMORE Councillor Mortimore attended the following Meetings

• Inspection of Cathies Lane Transfer Station & Recycling Facility • Youth Issues Advisory Committee • Knox Festival • Arts & Cultural Development Advisory Committee • Eastern Alliance for Greenhouse Action Executive Committee • Environment Advisory Committee 5.1.7 COUNCILLOR HOLLAND Councillor Holland attended the following Meetings

• Inspection of Cathies Lane Transfer Station & Recycling Facility • Place Program Discussion Series • Knox Housing Advisory Committee • Knoxfield Preschool 50th Birthday Celebration • Audit Committee 5.1.8 COUNCILLOR ORPEN (MAYOR) Councillor Orpen attended the following Meetings

• Domestic Animal Management Plan Session • Equiknox Annual General Meeting • Inspection of Cathies Lane Transfer Station & Recycling Facility • Place Program Discussion Series • Angliss Hospital - Upper Ferntree Gully Auxiliary Annual General Meeting • Stamford Park Community Reference Group • Knox Country Fire Authority Torchlight Parade Reception • St John the Baptist School leaders Presentations • Stamford Park Business Modelling


5.1 Committees & Delegates (cont’d) 5.1.8 Councillor Orpen (Mayor) (cont’d) • Lysterfield Football & Cricket Club facility meeting • 4th Tamil Trinity Festival Presentations • Boronia Country Women’s Association 85th Birthday Celebration • Knox Schools Expo • Official Opening Polish Festival • Knoxfield preschool 50th Anniversary Celebration • Rowville Primary School Leaders Presentations • Community Development Fund Evaluation Panel • Angliss Hospital - Ferntree Gully Auxiliary Annual General Meeting • Reception for Japanese Students affected by Tsunami

5.2 Ward Issues 5.2.1 COUNCILLOR HOLLAND (FRIBERG WARD) • Councillor Holland advised of a number of issues occurring in his ward

including; the resolution of a rating issue at Waterford Valley Lakes Retirement Village; a meeting with Waterford Park; the progression of planning for the Mountain Gate Shopping Centre; a visit to the Knox Transfer Station; the 50th Anniversary of the Knoxfield preschool; and attendance at the Relay for Life fundraiser.

5.2.2 COUNCILLOR MORTIMORE (CHANDLER WARD) • Councillor Mortimore advised that there had been considerable concern

and feedback from the community in relation to the proposed location of the pedestrian crossing in The Basin Triangle development. In particular residents and traders in the area were concerned regarding the loss of car parking. Councillor Mortimore advised that the location of the crossing is currently under review by Council officers with a new position being proposed resulting in a lesser impact on parking.

5.2.3 COUNCILLOR COSSARI (COLLIER WARD) • Councillor Cossari congratulated Councillor Lockwood on his appointment

to the Municipal Association of Victoria Board as the Metro East Region Councillor Representative.

• Councillor Cossari raised an issue of concern on behalf of traders at the Wantirna Mall Shopping Centre in relation to the considerable mess located in the rear laneway. Councillor Cossari requested that this matter be addressed by Council officers.


5.2 Ward Issues (cont’d) 5.2.4 COUNCILLOR GILL (DINSDALE WARD) • Councillor Gill was pleased to advise of the impending visit of the

Ministerial Advisory Committee on Public Libraries. This bi-partisan committee that includes peak bodies, Councils and library services is tasked with the role to review Victorian Public Libraries, including services and funding arrangements.

• Councillor Gill advised that he had received information in regard to the use of LED energy efficient street lights and highlighted the benefits of the lights. Councillor Gill foreshadowed his intention to raise a call up item in relation to this matter.

5.2.5 COUNCILLOR PEARCE (TAYLOR WARD) • Councillor Pearce advised of his recent attendance at the Polish Club

Family Day and Wellington Village Community Day. Councillor Pearce noted that fun was had by all in attendance and acknowledged the tireless work of the volunteers at each event which contributed to their success.

5.2.6 COUNCILLOR LOCKWOOD (BAIRD WARD) • Councillor Lockwood advised that he had received enquiries from a

number of residents in regard to the flood remediation works proposed in association with the Boronia Park Retarding Basin and the downstream drainage line. He noted that the residents were looking for an update as to the progress of any works.

5.2.7 COUNCILLOR SEYMOUR (TIRHATUAN WARD) • Councillor Seymour advised that the key issue within her ward continued

to be the bulk street tree replacement program. Councillor Seymour noted that there are opposing views within the community regarding this program particularly in relation to the issue of whether the street tree is a community asset versus the residents of a particular street. It was noted that these matters would be raised as a part of the review of the Knox Streetscape Policy (Green Streets Policy).

• Councillor Seymour advised that she had recently attended Carrington Park where an audit was undertaken in relation to a number of Occupational Health and Safety issues. Councillor Seymour advised that the issues identified during the audit had since been addressed.

• Councillor Seymour advised that she had recently attended the community consultation regarding the Rowville Structure Plan. Five key issues were identified by those present and include public transport, parking & traffic, open space, leafy green views and retail spaces.


5.2 Ward Issues (cont’d) 5.2.8 COUNCILLOR COOPER (SCOTT WARD) • Councillor Cooper took the opportunity to wish everyone a Happy Easter. 5.2.9 COUNCILLOR ORPEN (DOBSON) WARD) • Councillor Orpen welcomed to Knox a recent delegation of 20 year 7 & 8

students from one of the worst affected Tsunami areas of Japan. Councillor Orpen was moved by the stories of the students who had experienced such a traumatic event. The students are being hosted by Fairhills High School.

• Councillor Orpen advised that she had recently attended the Ferntree Gully Angliss Hospital Auxiliary 73rd Annual General Meeting. Councillor Orpen advised that the Auxiliary had raised more than $1.2 million in the past 50 years which had been invested back into the hospital.

• Councillor Orpen was pleased to advise that the intersection of Willow Road and Burwood Highway would be subject to an upgrade to address safety issues and that the $525,000 had been allocated by the state government for this purpose.

6 COUNCIL – CHIEF EXECUTIVE OFFICER 26 March 2013

ALL WARDS

6.1 COUNCILLOR CODE OF CONDUCT

SUMMARY: Coordinator – Governance (Carrie Bruce)

This report presents to Council a draft Councillor Code of Conduct for consideration. The draft Code has been prepared in accordance with statutory requirements of the Local Government Act 1989 and incorporates additional proposed amendments following consultation with Councillors.

RECOMMENDATION

That Council adopt the draft Councillor Code of Conduct shown at Appendix A and each individual Councillor be requested to affix their signature to the Code.

1. INTRODUCTION

Council is required to adopt a statutory Councillor Code of Conduct within 12 months of a general election. Council first adopted a code in 2000 which has been reviewed in conjunction with each new Council.

The Code provides guidance as to the general standards of performance, ethical behaviour and conduct required of Councillors. A copy of the draft Councillor Code of Conduct is contained in Appendix A with a marked up copy showing changes at Appendix B.

2. DISCUSSION

Section 76C of the Local Government Act 1989 details the matters to be included in the Councillor Code of Conduct. This section is reproduced below for information:

(3) A Code of Conduct – (a) must include the Councillor conduct principles; (b) may set out processes for the purpose of resolving an internal

dispute between Councillors; (c) repealed by 67/2008 (d) must include provisions in respect of any matter prescribed for the

purpose of this section; Councillor Code of Conduct (cont’d) (e) may include any other matters relating to the conduct of Councillors

which the Council considers appropriate.

In reviewing the Code, Council may amend, change or edit the statutory sections, as well as the non statutory provisions. However, in doing so, they will need to be mindful of the legislative requirements so as not to make the wording inconsistent with any Act or Regulation. Some minor amendments have been proposed to Appendix D of the Code of Conduct (section 79(3) – Disclosure of Conflict of Interest and section 78C(1)(a) – Indirect interest because of receipt of an applicable gift) to insert provisions that are now consistent with current legislation.

7 COUNCIL – CHIEF EXECUTIVE OFFICER 26 March 2013 6.1 Councillor Code of Conduct (cont’d)

As part of the Councillors’ Transition Workshop conducted on 10 November 2012, Councillors undertook a process of contributing towards the development of a ’Rules of Engagement Statement’. The intent was that the Councillor team articulate the ‘rules of engagement’ which the team could endorse as a way of operating as a high functioning team. The statement developed at the workshop has subsequently been refined by Councillors and is proposed to be included in the Councillor Code of Conduct under the heading ‘Our Commitment’.

3. CONSULTATION

Council’s existing Code has formed the basis of this review. The Code has served Council well for over 12 years and was first adopted in 2000 in advance of any statutory requirement for Council to do so. It also formed the basis of and is consistent with the current industry standard for a comprehensive Code of Conduct for Councillors.

The draft Code of Conduct incorporates the contribution of Councillors at the 10 November 2012 Transition Workshop and subsequent Confidential Issues Briefing meetings held on 4 December 2012 and 5 March 2013.

The draft Code appended to this report has been prepared in accordance with current legislative requirements and is now presented to Council for formal consideration.

4. ENVIRONMENTAL/AMENITY ISSUES

There are no environmental or amenity issues associated with this report.

5. FINANCIAL & ECONOMIC IMPLICATIONS

There are no financial or economic implications associated with this report.

6. SOCIAL IMPLICATIONS

In adopting a Code of Conduct, Councillors are openly committing to the standards of conduct and behaviour that will underpin their leadership role within the community. It is proposed that Councillors affix their signature to the Code to demonstrate their commitment to its principles.

7. RELEVANCE TO KNOX COMMUNITY AND COUNCIL PLAN

The Councillor Code of Conduct supports Council’s intent of being an open, fair, equitable and transparent organisation.

8. CONCLUSION

As elected representatives of the community, Councillors are required to act in a manner that supports the expectations of their constituents and enhances public confidence in the system of local government. In supporting this draft Code, Council confirms its commitment to serve public interest with fairness, integrity and good governance.

8 COUNCIL – CHIEF EXECUTIVE OFFICER 26 March 2013 6.1 Councillor Code of Conduct (cont’d)

9. CONFIDENTIALITY

There are no issues of confidentiality associated with this report. COUNCIL RESOLUTION MOVED: CR. GILL SECONDED: CR. MORTIMORE

That Council adopt the draft Councillor Code of Conduct shown at Appendix A (with minor grammatical and typographical amendments) and each individual Councillor be requested to affix their signature to the Code. CARRIED

9

APPENDIX A

CCOOUUNNCCIILLLLOORR CCOODDEE OOFF CCOONNDDUUCCTT

GUIDELINES FOR GOOD CONDUCT

As Councillors of the Knox City Council we are committed to working together constructively as a team contributing equally to achieve the shared vision for our City.

This Code of Conduct is a statement of how we will behave and work with our community and colleagues. It provides guidance as to the general standards of performance and ethical conduct expected by us as Councillors.

The Local Government Act requires Council to adopt a Code of Conduct within the period of 12 months after a general election and prescribes certain content including a Primary Principle of Councillor Conduct and General Councillor Conduct Principles.

The values that underpin this Code of Conduct incorporate respect and consideration of fellow Councillors, staff and the community. We will communicate openly and honestly with an appreciation for the professional views, abilities and the unique contributions each of us will make toward the effective governance of the Knox City Council.

OUR COMMITMENT

As Knox City Councillors we are committed to the greater good of our community, maintaining their trust and confidence in our governance of the municipality. This is to be achieved through a commitment to the highest level of team performance and unity by consistently adhering to the following rules of engagement:

1. We will treat each other and all council officers with respect, trust and dignity built upon honest mutual dealings conducted in an open and positive environment

2. We will engage in healthy, issues focused debate that may be robust, but is at all times courteous and respectful of proper meeting procedures

3. We will undertake informed decision making that is evidence based and achieved when appropriate through negotiation, conciliation and compromise

4. We will work in a collaborative and supportive manner by fairly sharing municipal-wide responsibilities, while diligently completing our individual ward duties in a timely manner, and we will offer support to the Mayor of the day wherever possible through regular attendance at civic functions and events.

5. We recognise and respect Councillors’ personal views on matters but acknowledge and respect the decisions of the Council.

10 COUNCILLOR CODE OF CONDUCT

COMMUNITY EXPECTATIONS

The community’s expectations of us as their elected representatives are high. The business of Council will be conducted with efficiency and impartiality, whilst demonstrating compassion and sensitivity towards the needs of the community.

• We will treat all members of the community with courtesy and demonstrate behavior that respects the office of Councillor.

• We will be honest and act with integrity, avoiding conduct that might suggest any departure from these standards.

• We will practice high standards of professionalism and will exercise reasonable care and diligence in our duties by being as informed as possible about the processes and strategic functions of Council.

• We take responsibility for our actions and are accountable for their consequences.

• We will perform our duties in the best interest of the community, without fear or favour.

• All members of the community, Councillors and Council staff will be treated honestly and fairly in a manner that is not discriminatory on the basis of gender, religion, race or contrary to the Equal Opportunity Act and the Victorian Charter of Human Rights, and which in no way causes undue offence or embarrassment to individuals or groups.

COMMUNICATION AND DECISION MAKING

As representatives of the community, we have a primary responsibility to be responsive to community views and to adequately communicate the attitudes and decisions of Council.

There may be times when we individually disagree with a majority decision of Council and want to advise the community. As individual Councillors, we are entitled to express our own independent views. In doing so, we must not reflect negatively on individual Councillors. Furthermore:

• We will regularly attend meetings of Council, actively and openly participating in the decision making process, striving to achieve the best outcome for the community that presents Council as an effective and cohesive unit.

• We have a personal obligation to be adequately informed and will apply the following principles when voting on an issue before the Council:

o Decisions should be based on what individual Councillors believe to be in the best interest of the Municipality having properly and diligently considered the evidence presented and/or available; and

o We will keep an open mind and consider all information presented and/or available before determining on a matter and voting on an issue.

• We recognise that the Mayor and the Chief Executive Officer are the designated persons authorised to speak to the media and others formally on behalf of the Council.

• We will respect the views of the individual in debate, however, we also accept that decisions are to be based on a majority vote.

• We will not make allegations which are personally offensive, derogatory or defamatory.

• We will treat all matters on their individual merits.


INFORMATION AND CONFIDENTIALITY

As Councillors, we will have access to information that may at times be confidential or controversial. Consequently:

• We will be aware that information of a confidential nature shall not be communicated until it is no longer treated as confidential.

• We will be aware that information relating to decisions of the Council is to only be communicated in an official capacity by a designated officer of the Council.

• We will be careful that information concerning adopted policies, procedures and decisions of the Council is conveyed accurately.

• We will be aware that we are only entitled to access information which is relevant to a matter before the Council.

• We will be prudent in the use of information that we acquire in our role as a Councillor.

• We will be careful that information is not used in a way that can cause detriment to the Council.

• We will be aware that unauthorised disclosure of Council information, including misuse of intellectual property, shall not occur.

• We will be aware that improper use or release of information is an offence under Section 77 of the Local Government Act 1989 (Appendix A).

• We will be cognisant that the requirements of the Information Privacy Act 2000 regarding access, use and release of personal information also applies to Councillors as individuals.

RELATIONSHIPS WITH STAFF

There must be mutual respect and understanding between Councillors and officers in relation to their respective roles, functions and responsibilities.

Our role is one of advocacy and leadership rather than management and administration. The Chief Executive Officer is responsible for all staff matters.

As Councillors, we will be cognisant of the requirements of Section 76E of Local Government Act 1989 and must not seek to improperly direct or influence members of Council staff in the exercise of their duties (Appendix B).


USE OF COUNCIL RESOURCES

Council resources are to be used effectively and economically.

• We will maintain adequate security over Council property, facilities and resources provided to us to assist in performing our role.

• We will not use Council resources, including services of Council staff, for private purposes, unless legally or properly authorised to do so, and payments are made where appropriate.

• We will not use public funds or resources in a manner that is improper or unauthorised.

DISCLOSURE OF CONFLICT OF INTERESTS

As Councillors we will comply with SECTION 77A, 77B, 78, 78A, 78B, 78C, 78D, 78E and 79 of the Local Government Act 1989 (Appendix C and D) in regard to Conflicts of Interest. In addition to the requirements of the Act, as Councillors we will:

• Give early consideration to each matter to be considered by the Council, or special committee of whom the Councillor is a member, to ascertain if we have an Interest or a Conflict of Interest.

• Recognise that, while we may seek advice about a possible conflict of interest, the legal onus rests entirely with us to determine if a conflict exists.

• Be honest in carrying out our duties and avoid conflicts between private and public interest with respect to personal and financial relationships, receipt of gifts, use of confidential information obtained in the course of Council duties, in external dealings and through public comment.

• Not seek or accept a bribe or other improper inducement. If benefits or gifts are offered, disclosure must be made in a prompt and full manner to the Chief Executive Officer. Refer to Council policy, ‘Gifts and Hospitality for Councillors and Members of Special Committees’.


COUNCILLORS WORKING TOGETHER Our primary role as Councillors is to set the vision and directions of the Knox City Council and to advocate on behalf of the community. As Councillors, we are aware of our responsibility to comply with the Primary Principle of Councillor Conduct specified in Section 76B of the Act and the General Councillor Conduct Principles specified Section 76BA. The Primary Principle of Councillor Conduct provides that:

“It is a primary principle of Councillor conduct that, in performing the role of a Councillor, a Councillor must—

(a) act with integrity; and

(b) impartially exercise his or her responsibilities in the interests of the local community; and

(c) not improperly seek to confer an advantage or disadvantage on any person.” The General Councillor Conduct Principles provide that:

“In addition to acting in accordance with the Primary Principle of Councillor Conduct specified in section 76B, in performing the role of a Councillor, a Councillor must—

(a) avoid conflicts between his or her public duties as a Councillor and his or her personal interests and obligations;

(b) act honestly and avoid statements (whether oral or in writing) or actions that will or are likely to mislead or deceive a person;

(c) treat all persons with respect and have due regard to the opinions, beliefs, rights and responsibilities of other Councillors, council officers and other persons;

(d) exercise reasonable care and diligence and submit himself or herself to the lawful scrutiny that is appropriate to his or her office;

(e) endeavour to ensure that public resources are used prudently and solely in the public interest;

(f) act lawfully and in accordance with the trust placed in him or her as an elected representative;

(g) support and promote these principles by leadership and example and act in a way that secures and preserves public confidence in the office of Councillor.”


DISPUTE RESOLUTION

Internal Dispute Resolution

Before commencing any formal dispute resolution process, the Councillors who are parties to any disagreement will endeavour to resolve their differences in a courteous and respectful manner, recognising that they have been elected to represent the best interests of the community. Councillors may seek assistance in resolving their differences.

This dispute resolution procedure is intended to be used when Councillors have been unable to resolve an interpersonal conflict and where the situation is unduly affecting the operation of the Council.

It is not intended to resolve differences in policy or decision making, which are appropriately resolved through discussion and voting in Council and Committee Meetings.

Councillors have a responsibility to try every avenue possible to resolve such disputes. The Mayor should be involved as soon as practically possible after a Councillor is aware that they are in dispute with another Councillor. As leader of the Council team, the Mayor should facilitate discussion between parties in dispute.

If reconciliation of the dispute is not possible after Mayoral intervention, it is the responsibility of the Mayor to seek assistance from an external mediator to resolve the dispute, preferably with the active support of parties to the dispute, who must be informed of such a decision in any circumstance.

The Mayor may call upon the Chief Executive Officer to provide or arrange such assistance, and should consult with the Chief Executive Officer about the nature and extent of the mediation required.

If a mediator or conciliator is appointed, all Councillors will cooperate with the dispute resolution process and provide reasonable assistance to the mediator or conciliator when requested.

Councillor Conduct Panels

Councillor Conduct Panels will be able to be established, when required, to help council enforce its Councillor Code of Conduct. Two-member panels, combining legal and local government governance experience, will be formed from lists maintained by the Municipal Association of Victoria.

A panel may be established for a Council on application from a Councillor, a group of Councillors, or following a resolution of the Council. A panel may dismiss an application that is frivolous, vexatious, misconceived, lacking in substance or where council's internal dispute resolution processes have not been followed.

A Councillor conduct panel will be able to:

• discipline a Councillor by reprimand, demand an apology or require the Councillor to take up to two months leave of absence;

• require remedial action, including mediation, training or counselling, or

• refer a matter to VCAT if a Councillor's behaviour appears to be serious misconduct.

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DISPUTE RESOLUTION (cont’d)

Disputes between Councillors and the Mayor

Where one or more Councillors have an irreconcilable dispute with the Mayor, three or more Councillors or the Mayor may call upon the Chief Executive Officer to provide or arrange specific assistance, or seek assistance from the MAV or VGLA.

CARETAKER PROVISIONS DURING AN ELECTION PERIOD

Council is committed to fair and democratic elections. As Councillors, we will comply with all statutory and Knox City Council policy provisions regarding conduct during an election period.

SIGNATORIES TO THE CODE In signing this document, we agree to abide by the principles established by this Code of Conduct in conjunction with all relevant legislation. Adopted by Council on 26 March 2013. ______________________________ ________________________________ Cr Peter Lockwood Cr John Mortimore Baird Ward Chandler Ward _____________________________ ________________________________ Cr Joe Cossari Cr Adam Gill Collier Ward Dinsdale Ward ______________________________ ________________________________ Cr Karin Orpen Cr Tony Holland Dobson Ward Friberg Ward ______________________________ ________________________________ Cr David Cooper Cr Darren Pearce Scott Ward Taylor Ward ______________________________ Cr Nicole Seymour Tirhatuan Ward

16 STATUTORY – CONFIDENTIAL INFORMATION

Appendix A - Section 77 of Local Government Act 1989

(1) A person who is, or has been, a Councillor or a member of a special committee, must not release information that the person knows, or should reasonably know, is confidential information.

(2) For the purposes of this section, information is “confidential information” if—

(a) the information was provided to the Council or a special committee in relation to a matter considered by the Council or special committee at a meeting closed to members of the public and the Council or special committee has not passed a resolution that the information is not confidential; or

(b) the information has been designated as confidential information by a resolution of the Council or a special committee which specifies the relevant ground or grounds applying under section 89(2) and the Council or special committee has not passed a resolution that the information is not confidential; or

(c) subject to sub-section (3), the information has been designated in writing as confidential information by the Chief Executive Officer specifying the relevant ground or grounds applying under section 89(2) and the Council has not passed a resolution that the information is not confidential.

(3) Confidential information referred to in sub-section (2)(c) ceases to be confidential at the expiry of the period of 50 days after the designation is made unless sub-section (2)(a) or (2)(b) applies to the information.

17 STATUTORY – IMPROPER DIRECTION AND IMPROPER INFLUENCE

Appendix B - Section 76E of Local Government Act 1989

(1) A Councillor must not improperly direct or improperly influence, or seek to improperly direct or improperly influence, a member of Council staff in the exercise of any power or in the performance of any duty or function by the member.

(2) A Councillor must not direct, or seek to direct, a member of Council staff—

(a) in the exercise of a delegated power, or the performance of a delegated duty or function of the Council; or

(b) in the exercise of a power or the performance of a duty or function exercised or performed by the member as an authorised officer under this Act or any other Act; or

(c) in the exercise of a power or the performance of a duty or function the member exercises or performs in an office or position the member holds under another Act; or

(d) in relation to advice provided to the Council or a special committee, including advice in a report to the Council or special committee.

(3) This section does not apply to a decision of the Council or a special committee that is made within the powers, duties or functions conferred under this or any other Act.

18 STATUTORY – DIRECT AND INDIRECT INTERESTS

Appendix C - Section 77A, 77B, 78, 78A, 78B, 78C, 78D and 78E of Local Government Act 1989

77A Direct and indirect interests

(1) A relevant person has a conflict of interest in respect of a matter if the relevant person has a direct interest or indirect interest in the matter.

(2) A relevant person has a indirect interest in a matter if the relevant person has an interest of a kind described in section 77B.

(3) A relevant person has an indirect interest in a matter if the relevant person has—

(a) a close association as specified in section 78; or (b) an indirect financial interest as specified in section 78A; or (c) a conflicting duty as specified in section 78B; or (d) received an applicable gift as specified in section 78C; or (e) become an interested party as specified in section 78D; or (f) a residential amenity that may be altered as specified in section 78E.

(4) A relevant person does not have a conflict of interest in a matter if the direct interest or indirect interest of the relevant person is so remote or insignificant that the direct interest or indirect interest could not reasonably be regarded as capable of influencing any actions or decisions of the relevant person in relation to the matter.

(5) A relevant person does not have a conflict of interest in a matter if the direct interest or indirect interest the relevant person holds—

(a) is held as a resident, ratepayer or voter and does not exceed the interests generally held by other residents, ratepayers or voters; or

(b) is held in common with a large class of persons and does not exceed the interests generally held by the class of persons.

(6) A relevant person does not have a conflict of interest in a matter if the relevant person—

(a) does not know the circumstances that give rise to the conflict of interest; and

(b) would not reasonably be expected to know the circumstances that give rise to the conflict of interest.

77B Direct interest

(1) A person has a direct interest in a matter if there is a reasonable likelihood that the benefits, obligations, opportunities or circumstances of the person would be directly altered if the matter is decided in a particular way.

(2) Without limiting subsection (1), a person has a direct interest in a matter if—

(a) there is a reasonable likelihood that the person will receive a direct benefit or loss that can be measured in financial terms if the matter is decided in a particular way;

(b) the person has, or the person together with a member or members of the person's family have, a controlling interest in a company or other body that has a direct interest in the matter.


(3) A person who has a membership in a club or organisation that has a direct interest in a matter—

(a) does not, by reason of that membership, have a direct interest in the matter under subsection (1); and

(b) does not have an indirect interest in the matter, by reason of that membership, unless the person has an indirect interest in the matter under section 78A, 78B or 78C.

(4) In subsection (2), controlling interest has the same meaning as it has in section 72(2) of the Payroll Tax Act 2007.

78 Indirect interest by close association

(1) In this section—

daughter means a biological daughter, step-daughter, adopted daughter, or female child for whom the person has custodial responsibilities;

direct relative means the spouse, domestic partner, son, daughter, mother, father, brother or sister of the person;

domestic partner of a person means—

(a) a person who is in a registered relationship with the person; or

(b) an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person—

(i) for fee or reward; or

(ii) on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);

family member means—

(a) a spouse or domestic partner of the person; or

(b) a son, daughter, mother, father, brother or sister that regularly resides with the person;

relative means—

(a) a direct relative of the person;

(b) a direct relative of a person who is the direct relative of the person;

son means a biological son, step son, adopted son or male child for which the person has custodial responsibilities.


(2) A person has an indirect interest by close association in a matter if—

(a) a family member of the person has a direct interest or an indirect interest in a matter; or

(b) a relative of the person has a direct interest in a matter; or

(c) a member of the person's household has a direct interest in a matter.

(3) For the purposes of the definition of domestic partner in subsection (1)—

(a) registered relationship has the same meaning as in the Relationships Act 2008; and

(b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case; and

(c) a person is not a domestic partner of another person only because they are co-tenants.

78A Indirect interest that is an indirect financial interest

(1) A person has an indirect financial interest in a matter if the person is likely to receive a benefit or incur a loss, measurable in monetary terms, as a consequence of a benefit received or loss incurred by another person who has a direct or indirect interest in the matter.

(2) Without limiting subsection (1), a person has an indirect financial interest that is a conflict of interest if—

(a) the person has a beneficial interest in shares of a company or other body that has a direct interest in the matter, except in the circumstances specified in subsection (3);

(b) the person is owed money from another person and that other person has a direct interest in the matter.

(3) If a person, and family members of the person, hold shares in a company or body that has a direct or indirect interest in a matter with a combined total value that does not exceed $10 000 and the total value of issued shares of the company or body exceeds $10 million, the person's indirect financial interest is not a conflict of interest.

(4) Subsection (2)(b) does not apply if the other person is an authorised deposit-taking institution.

(5) For the purposes of determining the value of shares under this section, the share value is to be taken from—

(a) the close of business on the most recent of 30 June or 31 December; or

(b) if the person has lodged an ordinary return since the most recent of 30 June or 31 December, the close of business on the date the return was submitted.


78B Indirect interest because of conflicting duties

(1) A person has an indirect interest in a matter because of a conflicting duty if the person—

(a) is a manager or a member of a governing body of a company or body that has a direct interest in a matter;

(b) is a partner, consultant, contractor, agent or employee of a person, company or body that has a direct interest in a matter;

(c) is a trustee for a person who has a direct interest in a matter.

(2) A person has an indirect interest in a matter because of a conflicting duty if the person held a position or role specified in subsection (1) and, in that position or role, dealt with the matter.

(3) A person does not have an indirect interest because of a conflicting duty if—

(a) the person is, or has been, only an employee in the service of the Crown or of a body established by or under any Act for a public purpose and the person has no current or expected responsibilities as that employee in relation to a matter;

(b) the person only holds a position in a not-for-profit organisation for which the person receives no remuneration and the person was appointed to the relevant special committee of the council to be a representative of the non-for-profit organisation;

ba) the person only holds a position, with the Council’s approval as a representative of the Council, in an organisation for which the person receives no remuneration;

(c) the person is only a Councillor who holds a position in the Municipal Association of Victoria or in another body that has the purpose of representing the interests of Councils;

(ca) that person is only a member of a development assessment committee established under Part 4AA of the Planning and Environment Act 1987;

(d) the person only holds a position that has been prescribed for the purposes of this section.


78C Indirect interest because of receipt of an applicable gift

(1) In this section, applicable gift means one or more gifts with a total value of, or more than, the gift disclosure threshold, received from a person or persons specified in subsection (2) in the 5 years preceding the decision or the exercise of the power, duty or function but does not include—

(a) reasonable hospitality received by the person at an event or function the person attended in an official capacity as the Mayor, a Councillor or a member of Council staff or a member of a special committee; or

(b) a gift, other than an election campaign donation, that was received by the person more than 12 months before the person became a Councillor, a member of Council staff or a member of a special committee.

(2) A person has an indirect interest in a matter if the person has received an applicable gift, directly or indirectly, from—

(a) a person who has a direct interest in the matter; or

(b) a director, contractor, consultant, agent or employee of a person, company or body that the person knows has a direct interest in a matter; or

(c) a person who gives the applicable gift to the person on behalf of a person, company or body that has a direct interest in the matter.

(3) For the purposes of determining when a person became a Councillor or member of a special committee under subsection (1)(b), if the person is re-elected or reappointed as a Councillor or a member of a special committee, on completion of his or her term of office, the previous term of office served by that person as a Councillor or member of a special committee must be counted as continuous service with any service completed by the person after the person’s re-election or reappointment.

78D Indirect interest as a consequence of becoming an interested party A person has an indirect interest in a matter if the person has become an interested party in the matter by initiating civil proceedings in relation to the matter or becoming a party to civil proceedings in relation to the matter.

78E Indirect interest because of impact on residential amenity A person has an indirect interest in a matter if there is a reasonable likelihood that the residential amenity of the person will be altered if the matter is decided in a particular way.


Appendix D - Section 79 of Local Government Act 1989

(1) If a Councillor or member of a special committee has a conflict of interest in a matter which is to be considered or discussed at a meeting of the Council or the special committee, the Councillor or member must, if he or she is attending the meeting, disclose the conflict of interest in accordance with subsection (2).

(2) A Councillor or member of a special committee who has a conflict of interest and is attending the meeting of the Council or special committee must make a full disclosure of that interest—

(a) by either—

(i) advising the Council or special committee at the meeting of the details required under paragraphs (b) and (c) immediately before the matter is considered at the meeting; or

(ii) advising the Chief Executive Officer in writing of the details required under paragraphs (b) and (c) before the meeting; and

(b) classifying the type of interest that has given rise to the conflict as either—

(i) a direct interest; or

(ii) an indirect interest and specifying the particular kind of indirect interest under section 78, 78A, 78B, 78C, 78D or 78E; and

(c) describing the nature of the interest; and

(d) if the Councillor or member advised the Chief Executive Officer of the details under paragraph (a)(ii), the Councillor or member must make a disclosure of the class of interest only to the meeting immediately before the matter is considered at the meeting.

(3) For the purposes of section 79(2)(a)(i), if a Councillor or member of a special committee has a conflict of interest in two or more matters which are to be considered or discussed consecutively at a meeting of the Council or the special committee, the Councillor or member may make a full disclosure of each of those interests immediately before the first matter is considered at the meeting.

(4) Repealed;

(5) The Chief Executive Officer must—

(a) keep written disclosures given to him or her under this section in a secure place for 3 years after the date the Councillor or member of a special committee who made the disclosure ceases to be Councillor or member of a committee; and

(b) destroy the written disclosure when the 3 year period referred to in paragraph (a) has expired.

(6) While the matter is being considered or any vote is taken in relation to the matter, the Councillor or member of a special committee must—

(a) leave the room and notify the Mayor or the Chairperson of the special committee that he or she is doing so; and

(b) remain outside the room and any gallery or other area in view or hearing of the room.


(7) The Mayor or the Chairperson of the special committee must cause the Councillor or member of a special committee to be notified that he or she may return to the room after—

(a) consideration of the matter; and

(b) all votes on the matter.

(8) If a Councillor or member of a special committee discloses a conflict of interest, the Chief Executive Officer or the Chairperson must record in the minutes of the meeting—

(a) the declaration of the conflict of interest; and

(b) the classification of the interest that has given rise to the conflict, and if the Councillor or member has disclosed the nature of the interest to the meeting, the nature of the interest.

(9) Unless section 80 applies, a Councillor or member of a special committee who fails to comply with this section is guilty of an offence and liable to a fine not exceeding 120 penalty units.


APPENDIX B PAGE 1 OF 16

41 COUNCIL – CITY DEVELOPMENT 26 March 2013

ALL WARDS

7.1 REPORT OF PLANNING APPLICATIONS DECIDED UNDER DELEGATION

SUMMARY: Manager – City Planning (Paul Dickie)

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

RECOMMENDATION

That the planning applications decided under delegation report (between 1 February to 28 February 2013) be noted.

REPORT Details of planning applications decided under delegation from 1 February to 28 February 2013 are attached. The applications are summarised as follows:

Application Type No Building Extensions: Residential Other

9 1

Units 15 Dwelling 1 Industrial 1 Development of land for a Retirement Village 1 Subdivision 11 Sign 1 Change of Use 4 Tree Removal/Pruning 16 Creation of Easement 1 Variation of Covenant 1

TOTAL 62 COUNCIL RESOLUTION MOVED: CR. COSSARI SECONDED: CR. LOCKWOOD

That the planning applications decided under delegation report (between 1 February to 28 February 2013) be noted. CARRIED


Knox City Council Planning Applications Decided by Responsible Officer

1 February 2013 to 28 February 2013

Ward No/ Type Address Description Decision:

Baird 2012/6894 9 Tulip Crescent BORONIA VIC 3155

Six (6) Lot Subdivision (approved development site)

15/02/2013 Approved

Baird 2012/6704 76 McMahons Road FERNTREE GULLY VIC 3156

The development of the land for a single storey dwelling to the rear of the existing

14/02/2013 Approved

Baird 2013/6037 10 Redfern Court BORONIA VIC 3155

Pruning of one (1) Eucalyptus melliodora (Yellow Box)

1/02/2013 Approved

Baird 2012/6843 18 Paton Crescent BORONIA VIC 3155

Two (2) lot subdivision - (approved development site)

4/02/2013 Approved

Baird 2012/6876 48 Pine Crescent BORONIA VIC 3155

Two (2) lot subdivision (approved development site)

22/02/2013 Approved

Baird 2012/6850 3/89 Boronia Road BORONIA VIC 3155

Change of Use - Indoor Recreation Facility (Taekwondo Centre) and the dispensation of associated car parking

20/02/2013 Approved

Baird 2012/6877 24 Browning Road BORONIA VIC 3155

Three (3) Lot Subdivision (approved development site)

8/02/2013 Approved

Baird 2012/6563 26 Narcissus Avenue BORONIA VIC 3155

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

5/02/2013 Notice of Decision

Baird 2010/6164 73 and 79 Barry Street BAYSWATER VIC 3153

Development of the land for an warehouse, ancillary office and associated carparking, landscaping, alteration of access to a Category 1 Road and carparking dispensation

15/02/2013 Approved

Chandler 2012/6917 14 Old Forest Road THE BASIN VIC 3154

Buildings and works (construction of an out building) and pruning of vegetation

22/02/2013 Approved

Chandler 2013/6068 7 Olive Grove BORONIA VIC 3155

To prune branches from the neighbour's Fraxinus excelsoir 'Aurea' overhanging the property boundary of 7 Olive Grove and prune a Pittosporum eugenioides 'Variegatum'.

13/02/2013 Approved

Chandler 2013/6010 203-205 Basin-Olinda Road SASSAFRAS VIC 3787

Creation of an easement of way over the land E-4

7/02/2013 Approved

Chandler 2012/6913 16 Emerald Court BORONIA VIC 3155

Buildings and Works (Construction of a verandah)

13/02/2013 Approved

Chandler 2012/6867 8 Augusta Road THE BASIN VIC 3154

Two (2) Lot Subdivision & Removal of Vegetation

15/02/2013 Approved



Chandler 2013/6043 2 Sycamore Crescent BORONIA VIC 3155

Removal of one (1) Eucalyptus nicholii (Narrow leaf Black Peppermint), one (1) Cupressus macrocarpa (Monterey Cypress) and one (1) Alnus acuminata (Evergreen Alder)

13/02/2013 Approved

Chandler 2013/6090 8 Verbena Avenue THE BASIN VIC 3154

Removal of a Melaleuca styphelioides, Eucalyptus nicholii, Eucalyptus leucoxylon, Eucalyptus pseudoglobulus, Eucalyptus viminalis and Pittosporum eugenioides 'Variegatum'.

21/02/2013 Approved

Chandler 2013/6042 2 Jarrah Court BORONIA VIC 3155

Removal of one (1) Eucalyptus nicholii

1/02/2013 Approved


Removal of one (1) dead Corymbia citriodora

1/02/2013 Approved

Chandler 2012/6767 26 Marie Street BORONIA VIC 3155

Construction of garage and carport

6/02/2013 Approved

Chandler 2012/6857 26 Miller Road THE BASIN VIC 3154

Two (2) Lot Subdivision (approved development site)

8/02/2013 Approved

Chandler 2013/6012 26 Verbena Avenue THE BASIN VIC 3154

The removal of two Cupressus macrocarpa (Monterey cypress), one Eucalyptus viminalis (Manna Gum) and prune one Corymbia maculata (Spotted Gum)

6/02/2013 Approved


Development of a single storey dwelling to the rear of the existing dwelling

8/02/2013 Approved

Collier 2013/6091 28 Petalnina Drive WANTIRNA VIC 3152

Removal of one Eucalyptus melliodora and the pruning of one Eucalyptus melliodora

20/02/2013 Approved

Dinsdale 2012/6617 CB43 Cullis Parade 13 Cullis Parade BAYSWATER VIC 3153

Extension to existing building and change of use for the purpose of education centre

1/02/2013 Approved

Dinsdale 2012/6920 378 Boronia Road BORONIA VIC 3155

Variation of covenant D425109 to remove the wording "other than one single dwelling house" and replace it with the wording "other than two single dwelling houses"

7/02/2013 Refused

Dinsdale 2012/6700 10 Essex Court BAYSWATER VIC 3153

The construction of two (2) double storey and two (2) single storey dwellings (total of four (4) dwellings) on the land


Dinsdale 2012/6571 2B Margaret Avenue BORONIA VIC 3155

Buildings and works (construction of a verandah)

1/02/2013 Approved

Dinsdale 2012/6659 3/5 Eastgate Court WANTIRNA SOUTH VIC 3152 Change of use - Music Studio




Dinsdale 2012/6852 21 High Street BAYSWATER VIC 3153

Nine (9) Lot Subdivision (approved development site)

5/02/2013 Approved

Dinsdale 2013/6085 55 Dixon Court BORONIA VIC 3155

The removal of one dying Eucalyptus radiata (Narrow Leaf Peppermint)

20/02/2013 Approved

Dinsdale 2013/6089 38 Kleinert Road BORONIA VIC 3155

Removal of one Eucalyptus nicholii

20/02/2013 Approved

Dinsdale 2012/6684 24 Dixon Court BORONIA VIC 3155

Development of the land for two (2) double storey and one (1) single storey dwelling (Total three (3) dwellings)


Dobson 2012/6405 41 Mountain Gate Drive FERNTREE GULLY VIC 3156

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

14/02/2013 Approved

Dobson 2012/6785 7 Beech Close FERNTREE GULLY VIC 3156

The construction of a double storey dwelling on the land

12/02/2013 Approved

Dobson 2012/6415 57 Acacia Road FERNTREE GULLY VIC 3156

Development of the land for a single storey dwelling to the rear of the existing dwelling, associated works to the existing dwelling and the removal of vegetation.


Dobson 2012/6828 27 The Avenue FERNTREE GULLY VIC 3156

Buildings and Works (Extension to existing dwelling) and new front fence

12/02/2013 Approved

Dobson 2013/6047 7 Albert Street UPPER FERNTREE GULLY VIC 3156

Removal of one (1) Quercus palustris (Pin Oak)

6/02/2013 Approved

Dobson 2013/6094 21 Blucher Street FERNTREE GULLY VIC 3156

The removal of one (1) Grevillea robusta (Silky Oak tree)

21/02/2013 Approved

Dobson 2013/6034 12 Margot Street FERNTREE GULLY VIC 3156

Buildings and Works (Extension to Dwelling) and removal of one (1) syzygium paniculatum (Lily Pily)

20/02/2013 Approved

Dobson 2013/6008 18 Stephanie Close FERNTREE GULLY VIC 3156

Buildings and works (construction of a shed)

8/02/2013 Approved

Dobson 2012/6875 29 Francis Crescent FERNTREE GULLY VIC 3156

Buildings and works (Construction of a shed)

6/02/2013 Approved

Dobson 2013/6083 1 Edward Street UPPER FERNTREE GULLY VIC 3156

Removal of seven Populus nigra 'Italica' (Lombardy poplar)

21/02/2013 Approved

Friberg 2012/6442 26 Cherrytree Rise KNOXFIELD VIC 3180

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


Friberg 2012/6667 28 Anne Road KNOXFIELD VIC 3180

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


Friberg 2012/6862 41 Elton Road FERNTREE GULLY VIC 3156

Two (2) Lot Subdivision (approved development site)

8/02/2013 Approved



Friberg 2013/6075 79 Kathryn Road KNOXFIELD VIC 3180

Removal of one Eucalyptus cephalocarpa and the pruning of eight Eucalyptus cephalocarpa and one Eucalyptus botryoides

15/02/2013 Approved

Friberg 2012/6658 Lot E Karoo Road ROWVILLE VIC 3178

Development of the land for a retirement village containing 87 independent living units, the dispensation of four (4) car parking spaces and the removal of vegetation

8/02/2013 Approved

Scott 2012/6847 2 Gravillia Grove WANTIRNA SOUTH VIC 3152 Two (2) Lot Subdivision


Scott 2012/6846 18 Gravillia Grove WANTIRNA SOUTH VIC 3152 Three (3) Lot Subdivision


Scott 2011/6944 19 Blind Creek Lane WANTIRNA SOUTH VIC 3152

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

06/02/2013 Approved

Scott 2012/6844 1 Gravillia Grove WANTIRNA SOUTH VIC 3152 Two (2) Lot Subdivision


Scott 2012/6859 38 Bunnett Road KNOXFIELD VIC 3180

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

6/02/2013 Approved

Taylor 2012/6560 4 Willow Avenue ROWVILLE VIC 3178

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


Taylor 2012/6529 13 Jamieson Avenue ROWVILLE VIC 3178

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

19/02/2013 Approved

Tirhatuan 2012/6411 1420 Ferntree Gully Road KNOXFIELD VIC 3180

Buildings and Works (Extend existing warehouse) and car parking dispensation

5/02/2013 Approved

Tirhatuan 2012/6674 52 Avalon Road ROWVILLE VIC 3178

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

18/02/2013 Approved

Tirhatuan 2012/6771 1B/5 Kelletts Road ROWVILLE VIC 3178

Change of use to Restricted retail premises (swimming pool sales and associated equipment) and car parking dispensation.

21/02/2013 Approved

Tirhatuan 2012/6836 973 Stud Road ROWVILLE VIC 3178

Two internally illuminated business identification signs

27/02/2013 Approved

Tirhatuan 2012/6646 42 English Avenue SCORESBY VIC 3179

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

4/02/2013 Approved



Tirhatuan 2012/6928 3/3 Neutron Place ROWVILLE VIC 3178

Change of Use - Place of Assembly (Henry Royce Foundation/ Rolls Royce Car Club) and associated car parking dispensation

8/02/2013 Approved

Tirhatuan 2013/6070 1/9 Aimee Place ROWVILLE VIC 3178

The removal of two (2) Eucalyptus cephalocarpa (Mealy Stringybark trees.)

14/02/2013 Approved

Tirhatuan 2013/6059 21 Candlebark Quadrant ROWVILLE VIC 3178

Pruning of two (2) Eucalyptus cephalocarpa (Silver leaf Stringybark) trees

18/02/2013 Approved

TOTAL: 62


BAIRD WARD

7.2 APPLICATION TO DEVELOP THE LAND FOR FIVE (5) DOUBLE STOREY DWELLINGS AND ALTERATION TO ACCESS TO A ROAD ZONE CATEGORY 1 AT 226 BORONIA ROAD, BORONIA, Melway Ref. 64 H9 (Application No. P2012/6390)

1. SUMMARY:

Land: 226 Boronia Road, Boronia Applicant: Line Design Proposed Development: Development of five (5) double storey

dwellings and alteration to access to a Road Zone Category 1

Existing Land Use: Single Dwelling Area/Density: 1012m2 / 1:202m2 Zoning: Residential 1 Zone Overlays: Design and Development Overlay

(Schedule 7) Vegetation Protection Overlay (Schedule 3)

Local Policy: Municipal Strategic Statement Boronia Activity Centre Local Policy Housing Policy

Application Received: 16 May 2012 Number of Objections: 11 PCC Meeting: 20 November 2012 Assessment:

It is considered that the development provides an appropriate balance between policies that encourage increased housing densities within the Boronia Activity Centre and the amenity of adjoining properties.

The proposal generally complies with the Residential 1 Zone, Municipal Strategic Statement and Housing Policy. Subject to conditions, the proposal generally complies with ResCode.

The proposal will achieve an outcome consistent with the Design and Development Overlay Schedule 7.

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


7.2 226 Boronia Road, Boronia (cont’d)

2. BACKGROUND

2.1 Subject Site and Surrounds

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

• The subject site is located on the southern side of Boronia Road, approximately 20 metres east of Rankin Road, in Boronia. The site has a frontage of 20.12 metres, a depth of 50.29 metres and an overall area of 1012m2 with a fall of approximately 2 metre from north to south. The land is developed with a single storey dwelling and outbuildings. Vehicle access is gained on the eastern side and an easement is located on the southern (rear) and eastern (side) boundaries.

• The surrounding area is characterised by predominately single storey dwellings with multi-dwelling developments common in the surrounding area, particularly along Boronia Road. Front setbacks vary with a variety of lawn, shrubs and trees within front and rear gardens.

• The site does not contain any significant vegetation. There are no street trees within the road reserve.

2.2 The Proposal

(Refer to attached plans at Appendix B)

The applicant proposes to construct five (5) double storey dwellings and alter access to a Road Zone Category 1. Details are as follows:

• Maximum building height is 7.4 metres. Dwelling 1 fronts Boronia Road and is setback a minimum 6 metres from the frontage. Dwellings 2 to 5 are located to the rear in a tandem arrangement. The dwellings are attached along the length of the site.

• Dwellings 2 to 5 are provided with one (1) bedroom, a living area, bathroom and laundry at ground level, with a family/dining area, kitchen and two bedrooms (apart from Dwelling 2, with one (1) bedroom) at first floor. Dwelling 1 contains two (2) bedrooms, living, bathroom and laundry at ground floor, with an open kitchen, family and dining area at first floor. All dwellings are provided with balcony private open space at first floor with access from the family area, and with a ‘service area’ at ground level.



• Dwellings 1 and 2 contain two (2) bedrooms and are provided with a single garage, while Dwellings 3, 4 and 5 contain three (3) bedrooms and are provided with a double garage. A visitor space is provided between Dwellings 2 and 3. Access to the four rear dwellings and the visitor parking space is provided via a widened crossover leading to an internal accessway. Walls are proposed to be constructed on the western boundary, for a length of 7.7 metres and 10.3 metres.

• All vegetation will be removed from the site. A permit is not required for vegetation removal.

3. CONSULTATION

3.1 Advertising

The application was advertised by way of a sign on the site and notices were sent to adjoining property owners and occupiers. A total of eleven (11) objections have been received and can be summarised as follows:

The existing dwelling contains asbestos

• Demolition of a structure that contains asbestos must be carried out by a licensed removalist approved by WorkSafe Victoria and must comply with WorkSafe OHS Regulations.

Pedestrian and Traffic Safety

• The proposal is not expected to create any safety concerns. The development is secure, provides surveillance of the street and all vehicles will be able to exit in a forward direction from the internal accessway.

Loss of privacy from overlooking and overshadowing

• There is potential for overlooking to the residential property to the east. All other properties are protected as balconies and habitable room windows have been screened in accordance with ResCode Standard B22. Overshadowing to adjoining properties meets the minimum requirements within ResCode Standard B21. A condition on any permit to issue can require screening to balconies to prevent overlooking. This is discussed in more detail at Section 4.3 of the report.



• The adjoining property to the west contains two single storey dwellings, with their private open space areas abutting the common boundary with the subject site. It is proposed to construct two walls on the western boundary adjacent the private open space areas. It should be noted that there will be no direct overlooking and that overshadowing complies with the ResCode Standard B21. The walls on boundaries have been located to avoid directly abutting the main covered private open space area and the length complies with ResCode Standard B18. The side setbacks of the first floor comply with ResCode, and the built form is articulated with a variety of materials. It is considered that any amenity impacts will be reasonable.

Traffic and parking congestion / inadequate parking spaces

• The proposal provides car parking in accordance with Clause 52.06 (Car Parking) of the Knox Planning Scheme, with a single garage for each two (2) bedroom dwelling, and a double garage for each three (3) bedroom dwelling. One (1) visitor parking space is also provided. Therefore the number of car parking spaces provided complies with Clause 52.06 (car parking).

• While there will be an increase in traffic generated, Boronia Road has capacity to absorb this additional traffic. Council’s Traffic Engineers and VicRoads have not raised any concern with traffic generation or access onto Boronia Road as a result of this proposal.

Increased residential noise

• There is nothing to suggest that this development, if constructed, will create any more noise to adjoining properties other than that normally encountered within a residential context.

Garbage bins on the naturestrip and removal of waste

• Council’s Waste Management Officer has advised that waste, recycling & hard waste collections can be undertaken kerbside on the naturestrip frontage of the property, and that the bins for this development will be provided and emptied by Council via its Waste & Recycling Services contractor.

Impact on views

• There are no rights to a view, particularly when reliant on private property to provide that view. Also, there are no specific controls within the Knox Planning Scheme that apply to protect a view reliant on private property.



Increased strain on infrastructure

• Council’s Drainage Engineer has not raised any concern with overland flow or flooding issues. A standard condition on any permit to issue will require an Engineering Plan to detail the engineering requirements to ensure that stormwater runoff is detained to peak pre-development flows.

• Connection to services such as sewerage, electricity or gas is subject to the servicing authorities approval.

Amended plans were lodged on 20 December 2012 to address concerns raised at the Planning Consultative Committee Meeting. The amended plans were not advertised, as the modifications were considered minor and would not increase detriment to any person.

3.2 Planning Consultative Committee Meeting

A Planning Consultation Committee (PCC) Meeting was held at the Civic Centre on 20 November 2012. Six (6) people signed the attendance sheet at the meeting. Objectors expressed the following main concerns with the proposal:

• Overshadowing

• The view of sheer walls from the backyard

• Dwellings should be single storey

• Removal of a brick fence along the rear boundary

• Properties on Rankin Road will overlook the subject site

• Overlooking

• Increased strain on infrastructure

• Insufficient car parking, traffic problems and safety

• Increased noise

• Rubbish collection

There were negotiated outcomes as a result of the meeting, including retention of the brick fence and alterations to the roof pitch to reduce the height, minimise two storey sheer walls and improve overshadowing. Amended plans to reflect these negotiated outcomes were lodged with Council and are the plans referred to in this report.



Councillor Cooper requested that Planning Officers and the applicant discuss whether a second visitor car space could be accommodated on site. This was discussed, and due to requirements for minimum setbacks to Boronia Road, turning areas and reduced landscaping, it was not considered feasible.

3.3 Referrals

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

VicRoads

• No objection and no conditions.

Traffic Engineer

• Standard conditions to be included on any permit issued.

• Elevated storage within garages shall be a minimum of 1.1m above floor level to allow vehicle to overhang under the storage space.

Drainage Engineer


Arborist

• The subject site does not contain any significant vegetation or vegetation that requires a permit for removal.

Waste Management Department

• Waste, recycling & hard waste collections can be undertaken kerbside on the naturestrip frontage of the property, and that the bins for this development will be provided and emptied by Council via its Waste & Recycling Services contractor.

City Futures

• The proposal is consistent with the strategic intent of the site and will contribute positively to the diversity of housing types and sizes in Knox.



4. DISCUSSION

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

4.1 Zoning and Overlays

4.1.1 Zone

The site is located within the Residential 1 Zone. Within the Residential 1 Zone (R1Z) a planning permit is required to construct more than one dwelling on a lot.

4.1.2 Vegetation Protection Overlay (Schedule 3)

The site is affected by the Vegetation Protection Overlay (Schedule 3) which protects overstorey remnant vegetation. Under the provisions of the Overlay, a permit is required to remove, destroy or lop native vegetation with a minimum height of 8 metres and trunk circumference of 300mm.

• The site does not contain any significant vegetation, and no permit is required under this Overlay to remove any vegetation.

4.1.3 Design and Development Overlay (Schedule 7)

The site is affected by the Design and Development Overlay (Schedule 7) which implements the Boronia Structure Plan. Under the provisions of the Overlay, a permit is required for buildings and works.

To achieve the design objectives in the Schedule, any proposed development must meet the requirements contained within the Schedule. These include preferred and mandatory building heights, design standards, materials and colours, landscape design and signage.

• The site is located within a 11 metre (three storey) preferred building height area. The proposal for a two (2) storey building with a maximum height of 7.4 metres complies with the preferred building height.

• The proposed two (2) storey built form and therefore scale of the building is consistent with the design standards in the Schedule.



• Materials and colours have been nominated that would reinforce the emerging contemporary natural character of the area. A schedule of materials and colours would be a requirement of any permit to issue.

• There are opportunities for planting within the front setback, the rear setback and along the driveway and at the entrance to each dwelling. Canopy tree planting can be accommodated within the front setback and the southern (rear) setback. There are limited opportunities along the western boundary. A landscape plan to the satisfaction of the Responsible Authority would be a requirement of any permit to issue.

4.2 Policy Consideration

4.2.1 State Planning Policy Framework

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

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

• The design of the development will not dominate the streetscape or adjoining properties. The two storey built form and height is consistent with the maximum 11 metre preferred height limit in the Design and Development Overlay (Schedule 7). There are areas for planting and landscaping, complimentary colours and materials are proposed and the building will incorporate sustainable design features.

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



• The density of the development contributes to the consolidation of urban development being located within reasonable distance to urban services and transport. A Sustainable Design Assessment would be a requirement of any permit to issue.

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

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

• Housing choice – The proposed development provides two and three bedrooms dwellings on smaller lot sizes that will contribute to housing choice within an Activity Centre.

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

• Energy efficiency – This has been discussed above under Clause 15.02.

• Location – The site is located within the Boronia Major Activity Centre.

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

• The site is located within walking distance of bus stops on Boronia Road, which are serviced by Bus Routes No. 745B, 737 and 753.

• Route No. 745B from Bayswater to Boronia operates two services between 2.45pm and 6.40pm Monday to Friday.

• Route No. 737 from Croydon to Monash University via Boronia, Knox City Shopping Centre and Glen Waverley operates between 6.14am and 10.04pm Monday to Friday, Saturday from 6.30am to 10.21pm and Sunday from 8.41am to 10.02pm at various intervals.



• Route No. 753 from Glen Waverley to Boronia Station via Knoxfield operates from 6.23am to 9.03pm Monday to Friday, Saturday from 7.51am to 4.19pm and Sunday from 8.51am to 5.48pm at various intervals.

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

• The site is located in a Major Activity Centre. The MSS further seeks to manage the need for more housing and maintaining the valued qualities of identified areas of environmental and character significance. The MSS supports development that respects the existing or preferred residential neighbourhood character.

• The proposed development is considered to be consistent with the preferred future character for the area, as determined by the Boronia Structure Plan and the Design and Development Overlay (Schedule 7) which indicates a preferred building height limit of 11 metres for this area.

Clause 22.06 Boronia Major Activity Centre Local Policy: This policy seeks to address a lack in availability of a variety of housing types within the Boronia Major Activity Centre, and identifies opportunities for higher density development within the centre to benefit from close proximity to social services and infrastructure. The site is located within a “Dispersed Infill Residential” area within the Land Use Framework Plan. Within this area, it is policy to encourage increased residential densities and greater housing diversity and affordability.

• The proposal introduces two and three bedroom dwellings on smaller land sizes that will contribute to the availability and variety of housing types within the Activity Centre.

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



In response to this forecast, the Housing Policy directs the provision of a diversity of housing types and forms; housing that meets the needs of all groups within the community; accessible housing that is well designed and responsive to the local character and environment; and housing that recognises that the environment and landscape significance of the Dandenong Foothills outweighs the need for urban consolidation in the Foothills. Before deciding on an application, the responsible authority will consider, as appropriate, whether: Where an approved structure plan or urban design framework exists for an activity centre listed above, then the location and design of high and medium density housing be guided by the plan or framework.

• The site is located within the Boronia Activity Centre. As such, any development will be guided by the Boronia Structure Plan and the Design and Development Overlay (Schedule 7). See Section 4.2.2 for this discussion.

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

• The proposed development proposes two and three bedroom dwellings as an option for a smaller household with balcony private open space, which will contribute to a diversity of housing within Knox.

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

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

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

• The development, at a maximum height of 7.4 metres, is considered to be consistent with the preferred character and building heights for the area, as directed by the Design and Development Overlay (Schedule 7) which implements the Boronia Structure Plan.



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

• The proposed two (2) storey development is consistent with the built form and character outcome envisaged in the Boronia Structure Plan and Design and Development Overlay (Schedule 7). The first floors are articulated and recessed to reduce building bulk and mass, with an interesting roof form and variety of complimentary materials.

• The proposed development generally complies with the relevant ResCode amenity standards such as overlooking, overshadowing and side and rear setbacks. A proposal that incorporates a variety of colours and materials and articulation of the built form, as the current proposal has, will limit the impact of the height and bulk of a design to ensure that amenity impacts are reasonable for an area that has been identified for significant change and increased densities. It should also be noted that this proposal is for a two (2) storey development in an area that the DDO7 has identified as a three (3) storey area. Therefore it is considered that this proposal will not create unreasonable amenity impacts to the adjoining properties.

For larger key strategic redevelopment sites, a variety of architectural styles and forms are provided.

• The site has not been identified as a key strategic redevelopment site.

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

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

Neighbourhood Character and Infrastructure

Neighbourhood Character – Complies, refer to Section 4.2.2 above.



Site Layout and Building Massing

Street Setback – Does not comply with Standard, however complies with the objective. The minimum front setback to Boronia Road to comply with the Standard would be 9 metres. The proposal is for a minimum front setback of 6 metres. Considering the site’s location within the Boronia Activity Centre and balancing Council policy encouraging increased residential densities within this area, the proposed front setback is considered appropriate. Also, there is opportunity for canopy tree planting within the front setback and the two storey built form is consistent with the preferred built form outcome anticipated in the DDO7. As such, it is considered that the proposed minimum front setback of 6 metres will ensure an outcome consistent with the outcomes to be achieved in the Boronia Structure Plan.

Building Height – Complies.

Site Coverage – Complies.

Permeability – Complies.

Energy Efficiency – Complies, a condition on any permit issued will require the submission of a Sustainable Design Assessment to the satisfaction of the Responsible Authority.

Open Space – Complies.

Safety – Complies.

Landscaping – Complies, a condition on any permit issued will require that appropriate landscape plans are submitted to the satisfaction of the Responsible Authority.

Access – Complies.

Parking location – Complies.

Amenity Impacts

Side and rear setbacks – Complies.

Walls on boundaries – Complies. A condition on any permit to issue will require the walls on boundaries to be a maximum average 3 metres in height.

Daylight to existing windows/north facing windows – Complies.

North-facing Windows – Complies.

Overshadowing open space – Complies.



Overlooking – Can comply subject to conditions. The balconies to Dwellings 2 to 5 are within 9 metres of the boundary of the adjoining property to the east, with potential for direct views to private open space areas and habitable room windows. As such, a screen to 1.7 metres above the finished floor level to the balconies of Dwellings 2 to 5 will be required to prevent overlooking. A screen on the southern side of the balcony to Dwelling 2 is also required.

Internal views – Complies subject to a condition that requires a 1.7 metre high screen on the southern side of the balcony to Dwelling 2.

Noise Impacts – Complies. A condition on any permit to issue will require noise attenuation measures to limit noise associated with Boronia Road to acceptable limits in accordance with Australian Standards.

On-Site Amenity and Facilities

Accessibility – Complies.

Daylight to new windows – Complies.

Private Open Space – Complies.

Solar access – Complies.

Storage – Complies.

Detailed Design

Design Detail – Complies.

Common Property – Complies.

Site Services – Complies subject to a condition that will require the relocation of bin storage areas for Dwelling 2 as these will be inaccessible when the visitor space is occupied.

Front fence – Complies subject to a condition to remove the existing front fence.

4.4 Particular Provisions

Clause 52.06 – Car Parking

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



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

• The proposal satisfies the car parking provision for each dwelling, with a single garage provided for each two bedroom dwelling and a double garage provided to each three bedroom dwelling.

• One (1) visitor space is provided.

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

Design Standard 1: Accessways – Complies.

Design Standard 2: Car Parking Spaces – Complies..

Design Standard 3: Gradients – Complies.

Design Standard 4: Mechanical Parking – N/A.

Design Standard 5: Urban Design – Complies.

Design Standard 6: Safety – Complies.

Design Standard 7: Landscaping – Complies.

Clause 52.29 – Land Adjacent to a Road Zone, Category 1

The purpose of Clause 52.29 is to ensure appropriate access to identified roads. A permit is required to create or alter access to a road in a Road Zone, Category 1 (Burwood Highway).

• The application has been referred to VicRoads in accordance with this

Clause. No objection has been raised concerning the proposal and the effect on the operation of the road and public safety.



4.5 General Decision Guidelines

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

• The decision guidelines of Clause 65 of the Knox Planning Scheme and

Section 60 of the Planning and Environment Act (1987) have been appropriately considered.

5. CONCLUSION

Clause 10.4 of the Knox Planning Scheme requires Council to balance relative policy objectives when making decisions to ensure resulting development is sustainable and achieves a net community gain. In this context, the development is appropriate given the following:

• The proposed development is consistent with Clause 15 (Built

Environment and Heritage), Clause 21.07 (Municipal Strategic Statement) and Clause 22.10 (Housing) of the Knox Planning Scheme.

• The built form and height of the proposed development is consistent with

the intent of the Boronia Structure Plan and Design and Development Overlay (Schedule 7).

• The proposed development is consistent with the Housing Policy. As

discussed above, the overall design of the development is considered to be consistent with key design objectives of the Boronia Structure Plan and therefore considered to be consistent with Clause 22.10 of the Knox Planning Scheme.

• The development demonstrates compliance with Clause 55 (ResCode)

and Clause 52.06 (car parking) of the Knox Planning Scheme and is consistent the purpose and objectives of the Residential 1 Zone. It is considered that any amenity impacts will be reasonable.

6. CONFIDENTIALITY

There are no confidentiality issues associated with this report.



RECOMMENDATION

That Council issue a Notice of Decision to Grant a Planning Permit to develop the land for the development of five (5) dwellings and alteration to access to a Road Zone Category 1 at 226 Boronia Road, Boronia, subject to the following conditions:

Amended plans

1. Prior to the commencement of any buildings or works, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be generally in accordance with the plans submitted on 20 December 2012 but modified to show:

1.1 An annotation that letterboxes and all other structures (including meter boxes) shall be constructed to a maximum height of 900mm or relocated clear of a splayed area (2m x 2.5m) to ensure safe sight distances.

1.2 Deletion of the front fence.

1.3 New boundary fencing along the western boundary to provide a minimum height of 1.8 metres measured from within the adjoining properties.

1.4 A 1.7 metre high screen above the finished floor level on the entire eastern side of the balcony to Dwellings 2, 3, 4 and 5 and the southern side of the balcony to Dwelling 2.

1.5 Shading devices to all northern, western and eastern windows.

1.6 Location, height and design of all mailbox structures and electricity supply metre box structures in accordance with Condition 1.2 of this Permit.

1.7 Walls on boundaries to have a maximum average height of 3 metres.

1.8 All retaining walls associated with the site cut, including maximum height of the retaining wall.



Recommendation (cont’d)

1.9 Relocation of the bin storage area associated with Dwelling 2, so that it is easily accessible. The bin storage area can be converted into a storage area for Dwelling 2 with bin storage (as part of the ground floor area of the dwelling) to provide access through the garage.

1.10 Elevated storage within the garages to have a clearance of 1.1 metres above the finished floor level.

1.11 Drainage plans in accordance with Condition 2 of this Permit.

1.12 Landscaping plans as described in Condition 3 of this Permit.

1.13 A Sustainable Deign Assessment in accordance with Condition 6 of this Permit.

1.14 A materials and colours schedule in accordance with Condition 8 of this Permit. Colours and materials to reflect the emerging contemporary natural character of the area as identified in the Boronia Structure Plan.

To the satisfaction of the Responsible Authority.

Drainage plans

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

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

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

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

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




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


Landscape plans

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

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

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

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

3.4 Details of the surface finishes of pathways and driveways.

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

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

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





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

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

Sustainable Design Assessment

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

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

Materials and Colours

8. Before the development starts, a schedule of materials, external finishes and colours to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. Colours and materials must reflect the emerging contemporary natural character of the area as identified in the Boronia Structure Plan. When approved, the schedule will be endorsed and will then form part of the permit.

Fencing

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

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




Car parking and Traffic

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

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

13. Any redundant crossovers must be removed and reinstated with kerb and channel to the satisfaction of the Responsible Authority.

General

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

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

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

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

18. Walls on the boundaries (or within 150mm) of adjoining properties must be cleaned and finished to the satisfaction of the Responsible Authority.

Amenity

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

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




19.2 Parking of motor vehicles 19.3 Transporting of materials or goods to or from the site 19.4 Hours of operation 19.5 Stockpiling of top soil or fill materials 19.6 Air borne dust emanating from the site 19.7 Noise 19.8 Rubbish and litter 19.9 Sediment runoff

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

Permit Expiry

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

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

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

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

NOTES:

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

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




• The total Permissible Site Discharge for the property including all dwellings is 4.1L/s to the existing Council drainage system for a 5 year ARI event.

• Applicant is to direct all stormwater to the Council drainage system in the south-east corner of the property as this represents the Legal Point of Discharge (LPD) for the property. Applicant is to verify this on site. Connect all stormwater discharge from the site to the LPD via an Onsite Detention (OSD) system. The internal drains for the dwellings are to be independent of each other.

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

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

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

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

Other Notes:

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

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

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

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




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

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

• A minimum of 80% of all new vegetation (both canopy trees and understorey) should be indigenous species.

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

• Letterboxes and all other structures (including meter boxes) should be constructed to a maximum height of 900mm or relocated clear of a splayed area (2m x 2.5m) to ensure safe sight distances.

• Letterboxes should face towards the street frontage.

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

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

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

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


Appendix A page 1 of 2


Appendix B page 1 of 6


TIRHATUAN WARD

7.3 PROPOSED DEVELOPMENT OF TWO (2) TWO STOREY APARTMENT BUILDINGS CONTAINING TWENTY FOUR (24) DWELLINGS AND BASEMENT CAR PARKING AND CREATION/ALTERATION OF ACCESS TO A CATEGORY ONE ROAD AT 1118-1120 STUD ROAD, ROWVILLE, Melway Ref. 81 J1 (Application No. P2010/6822)

1. SUMMARY:

Land: 1118 & 1120 Stud Road, ROWVILLE Owners: Joseph Robert Torcasio and Yvonne Roberta

Pravda Applicant: ABP Consultants Pty Ltd Existing Use: Single dwelling on each lot Proposed Development:

The construction of two (2) two storey apartment buildings containing 24 dwellings and basement car parking and creation of access to a Category 1 Road

Area/Density: Total area of 2,314 m2 / 1:96 m2 Zoning: Residential 1 Zone Overlays: None Local Policy: Municipal Strategic Statement (MSS)

Housing Policy Neighbourhood Character Policy

Application Received:

Application lodged at Council on 12 October 2010 and amended on 24 October 2011. Application for review lodged at VCAT on 26 June 2012. Amended plans received February 2013

Number of Objections: 43 PCC Meeting: 17 May 2011 Assessment:

An application for review of Council’s Refusal of Planning Application P/2010/6822 was lodged with the Victorian Civil and Administrative Tribunal on 26 June 2012. The Tribunal hearing is scheduled for 2 April 2013. The application was for a three storey apartment building containing 37 dwellings and was refused by Council at its meeting on 29 May 2012.

Prior to the VCAT hearing, the applicant is seeking to lodge amended plans for the development. Amended plans showing two (2) two storey apartment buildings containing a total of 24 dwellings have been circulated in accordance with the Tribunal’s requirements on 14 February 2013.


7.3 1118 – 1120 Stud Road, Rowville (cont’d)

The amended proposal for two (2) two storey apartment buildings containing total of 24 dwellings is considered to be generally consistent with its activity centre setting, direction of Clause 22.10 to provide increased housing density where sites front onto the Stud Road SmartBus route and with the preferred Garden Suburban neighbourhood character.

On balance it is considered that the proposal responds adequately to State and Local Planning Policies, and it is recommended that, if Council were in a position to make a decision on the amended plans, that a Planning Permit should be issued subject to conditions.

2. BACKGROUND

2.1 Background

By way of background, the Stud Park Structure Plan (Stage 2), which seeks to provide direction for future development within the broader areas surrounding the Stud Park Shopping Centre was adopted by Council in June 2010 and, as an approved plan, provides guidance to Council in assessing development applications within the Structure Plan area.

On 27 April 2011, Council resolved to review the Stud Park Structure Plan – Stage 2 and adopt an interim height limit of 3 storeys (9 metres) in the proposed Substantial and Moderate Change areas. Council resolution is as follows:

“That Council:

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

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

3. Adopt an interim 3 storey height limit (9 metres) in the proposed Substantial and Moderate Change areas pending the outcome of the Stud Park Structure Plan review.

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

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



Given the decision of Council to review the Stud Park Structure Plan (Stage 2) and the location of the site in a Substantial Change area; no weight is given to the Plan or Design Guidelines in the assessment of this application and instead, the application must be assessed against State and Local Planning Policies, including the Neighbourhood Character Policy at Clause 22.07 and the Housing Policy at Clause 22.10.

The following report reflects this direction of assessment.


The location of the site is shown in Appendix A.

• The site proposed for development comprises three parcels of land: 1118 Stud Road which has an area of 1,312 m2, 1120 Stud Road which has an area of 794 m2, and a triangle of land located between those two allotments which has an area of 28 m2. Collectively, the site has a total area of 2,134 m2, frontage to Stud Road of 58.5m, and an average depth of 42 metres. Two single storey brick dwellings are located on the land. No restrictive covenants are registered on title.

• The site is located opposite the Stud Park Activity Centre. Surrounding residential areas to the north, south and west are characterised by brick veneer dwellings. The site is accessed via the Stud Road service lane, which is two way. The sites contain largely exotic vegetation.

2.3 The Proposal


The original development, which was not supported by Council on 29 May 2012 proposed the construction of one (1) three (3) storey apartment building containing 37 dwellings with basement car parking and creation of access onto a Category 1 Road.

The permit applicant on 14 February 2013 circulated amended plans for the upcoming VCAT hearing on 2 April 2013. It is now proposed to construct a two (2) two storey apartment buildings containing a total of 24 dwellings with basement car parking and creation of access onto a Category 1 Road. Major differences between the original and amended proposals::



Original proposal Amended proposal The development proposed a mixture of one bedroom (4 in total) and two bedroom (33 in total) dwellings.

The amended development proposes a mixture of one bedroom (6 in total) and two bedroom (18 in total), dwellings.

The basement car park was to provide forty four (44) car parking spaces, including seven (7) car parking spaces for visitors, plus bicycle racks, storage and a lift.

The basement car park provides twenty nine (29) car parking spaces including five (5) visitor spaces, bicycle parking spaces, storage and a lift.

Overall height of the building was to be 9.0 metres.

Height of the building will be 8.3 metres.

One building Two buildings

3. CONSULTATION

3.1 Advertising

The original application received a total of 43 objections. Council will not receive objections to the amended proposal as the matter is currently awaiting a hearing at VCAT on 2 April 2013.

3.2 Referrals

New comments have only been sought from Council’s Traffic Engineer. Conditions recommended by previous internal referrals will be incorporated in the proposed conditions should a permit be issued.

Traffic Engineer

• Minor alterations to basement car parks and ramp. A passing area at the entrance at least 5m wide and 7m long shall be provided and the accessway grades should not be steeper than 1:10 (10 per cent) within 5m of the frontage within the property boundary.

• Two mirrors to be installed at the bend of the driveways.

• Provision of car parking for residents and visitors is satisfactory.

• The traffic conditions for this reduced scale development along the Stud Road service road are not estimated to be adversely impacted by the development.



4. DISCUSSION



4.1.1 Residential 1 Zone

The site is located within the Residential 1 Zone. Within the Residential 1 Zone (R1Z) a planning permit is required to construct more than one dwelling on a lot.

• The proposed residential use is appropriate within the zone.




Key Policies

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

• The development incorporates visually interesting architecture along its Stud Road frontage and reduces the visual bulk of the development. The overall height has been reduced; the side and rear setbacks increased and reduced (in some areas) and the previous apartment style block has been separated into two blocks; resulting in a scale and form of development which is considered appropriate for a site within the Garden Suburban Neighbourhood Character areas and located within an activity centre with a main road setting.




• Dwellings are provided with an acceptable level of access to northern sunlight. Although some of the dwellings have a single southerly aspect, this is due to the north south orientation of the site. Permit conditions should require submission of a Sustainable Design Assessment.

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

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

• Housing choice – The proposed development provides one and two bedroom dwellings on smaller lot sizes that will contribute to housing choice within an Activity Centre.

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

• Energy efficiency – This has been discussed above under Clause 15.02.

• Location – The site is located within the Stud Park Major Activity Centre.


• The site is located adjacent to the Stud Park Shopping Centre and fronts onto Stud Road, part of the Principal Public Transport Network (PPTN).

• Smart Bus routes 901 and 900 runs along Stud Road, with the closest bus stop located approximately 60 metres to the south of the site. The 900 service runs between Rowville and Caulfield from 5am to midnight weekdays, between 6am to midnight on Saturdays, and between 7am to 10pm on Sundays at various intervals. The 901 service runs between Frankston and Melbourne Airport from 5am to midnight on weekdays, from 6am to midnight on Saturdays, and from 7am to 6pm on Sundays at various intervals.

• Bus route 691 runs along Stud Road and out of Stud Park Shopping Centre. The service runs between Boronia and Waverley Gardens from 6am to 7:30pm on weekdays, from 7:30am to 6pm on Saturdays, and from 7:45am to 6pm on Sundays at various intervals.



• Bus route 754 runs along Stud Road and out of Stud Park Shopping Centre. The service runs between Rowville and Glen Waverley from 6am to 9pm on weekdays, from 8:20am to 9pm on Saturdays, and from 9am to 9pm on Sundays at various intervals.

• Bus route 681 operates an occasional service along Stud Road. The one-way service runs between Lysterfield and Knox City at various intervals from 6:35am to 9pm.

4.2.2 Local Planning Policy Framework

Clause 21.07-2 Municipal Strategic Statement (MSS)

The MSS seeks to reduce the prevalence of infill housing development in dispersed locations as a major form of housing development by promoting activity centres and key redevelopment strategic sites as the preferred location.

• The site is located in an Activity Centre.

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

• Refer to discussion under Clause 22.07 Neighbourhood Character.

Improve the interface between development and adjoining streets, open space and public spaces.

• Subject to permit conditions requiring an increased setback to the side and rear elevations to increase landscaping opportunities, the development will have an acceptable interface with the adjoining residential neighbourhood. The appearance of the revised development towards Stud Road is considered appropriate for the activity centre setting and Category 1 Road frontage.

Clause 22.07 Neighbourhood Character: Garden Suburban – The desired character of this area is for “Low scale dwellings set within an open landscape with occasional large native trees and in some precincts large stands of native trees”. Design objectives of the Garden Suburban Precinct are as follows:

To retain the tall trees.

• Council’s Arborist has inspected the site and determined that no significant vegetation will be affected.



• The front and rear setbacks provided to the original proposal were capable of holding at least fourteen (14) canopy trees, particularly as there is no easement affecting communal open space areas along the western boundary of the site. The revised proposal results in the omission of a communal open space area and so the new scheme may not be able to accommodate as many trees within the rear setback. Permit conditions will require a substantial amount of planting along all boundaries, which will enable the development to integrate with the preferred Garden Suburban setting for the neighbourhood.

To maintain the continuity of garden character between dwellings.

• The proposal has been fundamentally redesigned to separate the building form into two separate blocks, which will enable the apartment buildings to reflect the separation between dwellings that is characteristic of the surrounding area.

On the original proposal there was a concern in respect of whether the setback from the rear boundary was a sufficient distance to allow for planting of canopy trees to screen the building from the west; in particular the south west corner. The setback of the building footprint has been increased in this area to approximately 2.34m. Whilst this is an improvement, it is still insufficient to allow for the necessary tree planting to occur. Due to the removal of the communal open space to the north west of the site and the increased building footprint in this area, the setback of the new scheme is between approximately 1.86m and 3.25m. Permit conditions should require that the western footprint of the buildings be altered in order to allow canopy tree planting along the entire western boundary.

To the south, the setback between the building and the southern boundary has been increased and the footprint at its closest point is 2m which will allow for planting of large shrubs to reflect the garden character and separation of the area. Given that there is a planning permit for the redevelopment of the adjoining site to the north (1114-1116 Stud Road), which features an increased setback from this same boundary, it is recommended that the setback between the building and the northern boundary be increased to a minimum of 2 metres.



To minimise the dominance of buildings from the street.

• The visual appearance of the revised development onto Stud Road is appropriate, given the main road and Activity Centre setting. More important is the impact of the building as viewed from residential environs to the side and rear. As discussed above, permit conditions should require greater setbacks to side and rear elevations and increased landscaping opportunities.

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

• All car parking is located in the basement to avoid dominating the appearance of the site.

The 5 metre front setback to the development is appropriate, given the location of the site within an Activity Centre and fronting onto a major road, and the ability to accommodate extensive canopy tree planting.

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

It is policy that:

Apartment and multi-storey mixed use style housing development be encouraged in the Business Zones within the principal and major activity centres.

• The proposed apartment development is not located within the Business Zone of a Principal or Major Activity Centre.

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

• While there is no approved structure plan, the maximum 8.3 metre height proposed development is consistent with the 3 storey / 9 metre height limitation pursuant to the Council resolution of 27 April 2011.

Medium density housing is encouraged along the principal public transport network where properties have direct frontage, particularly along the Stud Road Orbital SmartBus Route.

• The site has direct frontage to the Stud Road Orbital SmartBus Route and is located approximately 60 metres walking distance from the closest bus stop.



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

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

• The development proposes a mix of one and two bedroom dwellings.


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

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

• Subject to conditions to address visual bulk by increasing the rear and side setbacks to allow for additional landscaping, the development is capable of making a positive contribution to the desired Garden Suburban neighbourhood character for the reasons detailed in the assessment against Clause 22.07 above.


• There is no relevant endorsed structure plan or urban design framework.

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

• An assessment of the proposed development against these aspects is provided at Section 4.3 of this report. Alterations to improve the amenity impact of the development will be imposed on any permit issued.




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


Neighbourhood Character – Generally complies, refer to Section 4.2.2 above


Street Setback – Generally complies. The minimum 5 metre setback to the front walls of the development allows for efficient use of a site within a Major Activity Centre, while enabling canopy tree planting to contribute to the preferred Garden Suburban neighbourhood character. It is also noted that the north east setback of building A has increased to over 9m.


Site Cover/permeability – Can comply, subject to a permit condition requiring that no more than 60% of the site area be covered by buildings (including balconies at ground floor level).

Energy Efficiency – Can comply, subject to a Sustainable Design Assessment being required as condition of any permit issued.

Open space – Complies

Landscaping – Complies. A landscape plan will be required as condition of any permit issued.

Access – Complies.

Parking location – Complies.

Amenity Impacts

Side and rear setbacks – Generally complies, subject to permit conditions.

With regard to visual bulk, notwithstanding the reduction in storeys, the southern elevation of the development has been amended to incorporate improved articulation through slight variations to the setbacks and the removal of blank façade walls. Although the revised building to the north of the site is much closer to the boundary it will be within the ResCode setback requirements. However, in order to increase the opportunities for the planting of large shrubs, a condition will be attached to any permit issued requiring the setback to be increased to at least 2.0m.



Walls on boundaries – Complies.

Daylight to existing windows/north facing windows – Generally complies. A north-facing living room window is located on the adjoining property at No. 1122 Stud Road to the south. However, this window is fully shaded by an existing verandah roof and it is surmised that a reduction in direct sunlight will not unduly impact on the amenity of the dwelling.

Overshadowing open space – Complies

Overlooking – Generally complies, subject to permit conditions to require screening/obscure glazing to the following areas:

Building A; Unit 11 ground floor bedroom; Unit 5 ground floor bedroom 2; Unit 6 first floor bedroom 1 all windows, Unit 7 first floor bedroom 1

Building B; Unit 5 ground floor bedroom, Unit 4, south facing bedroom, Unit 9 kitchen window amended to high-light window, Unit 2 first floor bed 1, desk window. Unit 3 first floor bed room 1, desk window.

Internal views – Can comply, subject to provision of screening for windows as outlined above.


Daylight to new windows - Complies


Solar access – Complies

Storage – Can comply, subject to a permit condition requiring an annotation that at least 6 cubic metres of external storage will be provided to each dwelling.

Front fence – Complies

Common property – Complies


Clause 52.06 – Car Parking

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



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

• The proposal satisfies the car parking provision for each dwelling, with a single garage provided for each one and two bedroom dwelling.

• Five (5) visitor spaces are provided.

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

Design Standard 1: Accessways – Can comply subject to the inclusion of a permit condition.

Design Standard 2: Car Parking Spaces – Complies.

Design Standard 3: Gradients – Can comply subject to the inclusion of a permit condition.

Design Standard 4: Mechanical Parking – N/A.

Design Standard 5: Urban Design – Complies.

Design Standard 6: Safety – Complies.

Design Standard 7: Landscaping – Complies.

Clause 52.29 – Land Adjacent to a Road Zone, Category 1

The purpose of Clause 52.29 is to ensure appropriate access to identified roads. A permit is required to create or alter access to a road in a Road Zone, Category 1 (Burwood Highway).

The original application has been referred to VicRoads who has made no objections to the proposal, nor directed that any conditions be included on any permit issued.

The permit applicant is required to provide VicRoads with a copy of the amended proposal for their consideration.

4.5 General Decision Guidelines

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



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

5. CONCLUSION


• The proposed development is generally consistent with the State Planning Policy, the MSS (Clause 21.07), Housing Policy (Clause 22.10) and the Neighbourhood Character Policy (Clause 22.07). As discussed above, the site is located within the Stud Park Major Activity Centre and subject to design modifications, the development is considered to represent an appropriate balance between providing additional housing and respecting the changing character of the area. Further, the site is a large, consolidated site and capable of absorbing a development in apartment form.

• The development is located within an existing urban area where services and transportation is located within close proximity.

• The proposal, subject to modifications that could be conditioned on any permit, is considered appropriate in terms of architectural quality, ecologically sustainable design principles, built form and landscaping.

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

6. CONFIDENTIALITY

There are no confidentiality issues associated with this report. RECOMMENDATION

That if Council were in a position to make a decision, that a Planning Permit be issued for development of the land for two (2) two storey apartment buildings containing a total of twenty four (24) dwellings and basement car parking, and creation/alteration of access to a Category 1 Road at 1118-1120 Stud Rd, Rowville, subject to the following conditions:




Amended Plans

1. Prior to the commencement of any buildings or works, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the amended plans submitted on 14 February 2013 but modified to show:

1.1 Corrected annotations to unit numbers on the proposed floor plans.

1.2 Deletion of all internal 1.8m paling fences including the fence which separates the side of unit 1 from the front setback, to allow additional opportunities for landscaping.

1.3 The vehicular crossovers shall be 5m wide and the driveway shall be 5m wide for the first 7m within the site.

1.4 The accessway grades shall not be steeper than 1:10 (10 per cent) within 5 metres of the frontage.

1.5 Visitor parking spaces and intercom system clearly identified by signage at the front of the site.

1.6 Parking spaces to be signed and allocated for use by individual dwellings and visitors.

1.7 Grade transitions for the crossover and access ramp, which must be in accordance with those specified in Council’s Standard Drawings to prevent vehicles scraping their undercarriages.

1.8 A reduction in site coverage so that no more than 60% of the site will be covered by buildings (including the balconies at ground floor level).

1.9 Provision of obscure glazing or other form of screening to a maximum height of 1.7 metres to the following:

(i) Building A; Unit 11 ground floor bedroom; Unit 5 ground floor bedroom 2; Unit 6 first floor bedroom 1 all windows, unit 7 first floor bedroom 1;




(ii) Building B; Unit 5 ground floor bedroom, unit 4 south facing bedroom; Unit 9 kitchen window amended to high-light window, unit 2 first floor bed 1, desk window; and Unit 3 first floor bed room 1, desk window.

1.10 All new boundary fencing to be located on property boundaries.

1.11 Provision of a minimum 2 metre wide setback along the northern boundary of the site to allow for planting of large shrubs.

1.12 Provision of a minimum 3 metre wide setback along the western boundary of the site (Buildings A and B) to allow for planting of canopy trees.

1.13 Annotation for each block stating “Provision of at least 6 cubic metres of externally accessible, secure storage space to each dwelling”.

1.14 Annotation stating that “all structures (including letter boxes, landscaping, fencing and meter boxes) must be constructed to a maximum height of 900mm or relocated clear of a splayed area (2m x 2.5m) at the property boundary”.

1.15 Annotation stating that “crossovers shall be 3m clear of all street trees and 1m clear of all other assets in the road reserve”.

1.16 Provision of an external colours and materials schedule.

1.17 Drainage plans in accordance with Condition 2.

1.18 Landscaping plans in accordance with Condition 3.

1.19 Sustainable Design Assessment in accordance with Condition 6.

1.20 Waste Management Plan in accordance with Condition 8.

1.21 Any alteration to the basement car park or development as a whole as required by the Waste Management Plan.




Drainage Plans

2. Prior to the commencement of any buildings or works, three copies of road construction and drainage plans and computations prepared by a qualified Civil Engineering Consultant must be submitted to and approved by the Responsible Authority. Drainage and road construction works on site must be undertaken and completed in accordance with these plans to the satisfaction of the Responsible Authority prior to the occupancy of the buildings. Plans are to show:

2.1 Stormwater drainage runoff shall be properly collected in a complete and effective system of drains and connected to the Council drainage system via a new Stormwater Pit near the South West corner of the property.

2.2 Stormwater drainage discharge for the proposed development must be limited to predevelopment flows. The total Permissible Site Discharge is 30L/s for the property including all dwellings to the proposed Stormwater Pit. The developer must construct approximately 77 metres of 225mm diameter pipe from the Point of Discharge to the Stormwater Pit near the North West corner of No. 1126 Stud Road for a 5 year ARI event.

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

2.4 The proposed retaining wall at the rear of the property shall be designed to ensure that it will withstand live loadings, vibration loadings and hydrostatic pressures in the event of maintenance being undertaken on the pipe in the adjacent easement.

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

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




2.7 The drainage design of this property is to ensure that the underground carpark is not flooded for 100 ARI event


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



Landscape Plans

3. Prior to the commencement of any buildings or works, a landscape plan to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. The plan must show the following:

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

3.2 Buildings and trees (including botanical names) on neighbouring properties within three metres of the boundary.




3.6 Landscaping and planting within open space areas of dwellings.

3.7 Landscaping and planting within all public areas of the site.

3.8 Application of water sensitive urban design principles. (This may involve selection of appropriate plant species that are drought tolerant and indigenous to the local area).

3.9 Appropriate landscaping to support any selected stormwater quality works depicted on endorsed drainage plans.




3.10 Should existing vegetation at 1116 Stud Road to the north be retained, a sufficient volume of soil must be retained along the northern boundary to avoid adverse impacts on the health of neighbouring trees through the removal of roots and soil.

3.11 The plans must also show the provision of at least fourteen (14) additional indigenous or native canopy trees and at least 50 additional large shrubs chosen from Appendix 4 or 5 of Council’s Landscape Guidelines for Planning Permits.

There must be substantial canopy tree planting along the western and eastern boundaries, and substantial planting of large shrubs along the southern boundary. To the satisfaction of the Responsible Authority.


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

Sustainable Design Assessment

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

7. Prior to the occupation of the development, the development must be constructed in accordance with the Sustainable Design Assessment approved by the Responsible Authority.




Waste Management Plan

8. Before the development commences, a waste collection and management plan must be submitted to and approved by the Responsible Authority, demonstrating how waste storage and collection will be undertaken on site wholly within the confines of the site, including the operation of the garbage and recyclables storage area, to the satisfaction of the Responsible Authority.

Garbage and recyclables storage and collection must be undertaken in accordance with the approved plan/documentation to the satisfaction of the Responsible Authority.

General





13. All walls on the boundaries of adjoining properties must be cleaned and finished to the satisfaction of the Responsible Authority.

Car Parking and Traffic

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

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

16. The driveway and carparking areas associated with the proposed dwellings as shown on the endorsed plan must be fully constructed to the minimum standard of 100mm depth of reinforced concrete and properly formed to such levels that they can be used in accordance with the plans. Construction using any alternative hardstanding sealed surface is subject to detailed plans to be submitted to and approved by the Responsible Authority.




17. Redundant vehicle and pram crossovers shall be removed and the footpath, nature strip and kerbing reinstated to the satisfaction of the Responsible Authority.

18. All vehicles shall enter and exit the site in a forward direction.

19. For pedestrian safety, low height or bollard type lighting should be installed along access ways and within the car park to the satisfaction of the Responsible Authority.

Stormwater

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

Fencing


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

Street Tree Removal

23. All works associated with the removal and replacement of the street tree/s must be undertaken by Council and the owner/developer must bear all costs associated with these works. The owner/developer must pay all costs to Council prior to the commencement of any works approved under this permit.

Amenity during construction


24.1 the appearance of building, works or materials on the land

24.2 parking of motor vehicles

24.3 transporting of materials or goods to or from the site

24.4 hours of construction

24.5 stockpiling of top soil or fill materials




24.6 air borne dust emanating from the site

24.7 noise

24.8 rubbish and litter

24.9 sediment runoff.


Permit Expiry


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



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

• No structure or trees are to be built over an easement vested in

Council, or any drainage asset not in an easement within the property without Council consent.


• Floor levels are to be designed appropriately and raised above the natural ground surface level to provide protection from any possible flooding, which may occur within the development.

• All utility services (e.g. Drainage, Sewer) are to be verified onsite by Applicant/Developer prior to commencement of any works.



Recommendation (cont’d) Other Notes: • In accordance with Council policy, an 8.5% public open space

contribution may apply in the event of the subdivision of the land. • Indigenous plants can be purchased through approved indigenous

nurseries, as listed in the Knox City Council 'Preferred Local Replacement Plants' Information Sheet.

• Raised concrete slabs on the existing footpath fronting the site

should be grounded.

COUNCIL RESOLUTION MOVED: CR. SEYMOUR SECONDED: CR. PEARCE That Council notify VCAT that if Council were in a position to make a decision that a Notice of Refusal to Grant a Planning Permit be issued to develop the land for two (2) two storey apartment buildings containing a total of twenty four (24) dwellings and basement car parking, and creation/alteration of access to a Category 1 Road at 1118-1120 Stud Rd, Rowville on the following grounds:

1. The proposal is inconsistent with the direction of Clause 21

(Municipal Strategic Statement) and Clause 22.07 (Neighbourhood Character) and Clause 22.10 (Housing) in proposing a built form which fails to consider neighbourhood character, particularly with regard to the front setback, side and rear setbacks, visual bulk impact and landscaping opportunities.

2. The proposal is inconsistent with the direction of Clause 16.02

(Housing), Clause 21.07 (Municipal Strategic Statement), Clause 22.10 (Housing) and Clause 52.29 (Land adjacent to a Road Zone, Category 1, or a Public Acquisition Overlay for a Category 1 Road) with regard to adverse traffic impacts on surrounding streets and intersections.

3. The proposed development is inconsistent with Clause 22.10

(Housing) in particular that there is not access to frequent public transport services between 6.00 am and 11.00pm daily, seven days a week.

4. The proposed dwellings will result in unreasonable amenity

impacts to adjoining properties.



5. The proposal is inconsistent with ResCode (Clause 55),

particularly neighbourhood character, street setback, site coverage, energy efficiency, open space, landscaping, side and rear setbacks, daylight to existing windows, overlooking, internal views and storage.

CARRIED



APPENDIX A – PAGE 1 OF 2



APPENDIX A – PAGE 2 OF 2



APPENDIX B – PAGE 1 OF 13


SCOTT WARD

7.4 APPLICATION FOR FIVE (5) LOT SUBDIVISION AT 19 & 27 GRAVILLIA GROVE, WANTIRNA SOUTH. Melway Ref. 63 D11 (Application No. P2012/6845)

1. SUMMARY:

Land: 19 & 27 Gravillia Grove, Wantirna South 3152

Applicant: Cadcon Enterprises Pty. Ltd. Proposed Development: Subdivision of the land into 5 lots. Existing Land Use: Vacant Land Area/Density: 2032m2 / 1 Lot per 406.4m2 Zoning: Residential 3 Zone Overlays: None Local Policy: Municipal Strategic Statement

Housing Policy Application Received: 26 November, 2012. Number of Objections: One PCC Meeting: N/A. Assessment:

The proposal to subdivide the land into five lots has been assessed against the Residential 3 Zone and Clause 56 (Rescode) and found to comply.

The proposal will provide new land which can be developed whilst ensuring the neighbourhood character and urban identity is not compromised.

It is considered that the proposal achieves the objectives of the State and Local Planning Policies including Clause 21.05 (Municipal Strategic Statement) and Clause 22.10 (Housing). It is recommended that a Planning Permit be issued.

2. BACKGROUND



• The subject land is located within the new Gravillia Grove Body Corporate Estate at 84 Cathies Lane, Wantirna South which is located on the south west corner of Pumps Road and Cathies Lane.

• No 19 (lot 10) and No 27 (Lot 11) are located in the south western corner of Gravillia Grove with a combined frontage to Gravillia Grove of 68.90m and having a total site area of approximately 2032m2. The land is currently vacant.


7.4 19 & 27 Gravillia Grove, Wantirna South. (cont’d)

• The land surrounding Gravillia Grove estate comprises the Church of Latterday Saints on the opposite side of Pumps Road to the north. Eastlink Freeway and reservation to the west and the Pancreaten Association to the south which provides for social, cultural and sporting events, including “The Grand” Reception centre and to the east the land is residentially developed with single dwellings.

• There is no vegetation within the subject site. A landscaping strip exists along the body corporate road “Gravillia Grove”.

2.2 The Proposal


The application aims to further subdivide lots 10 and 11 into a total of five (5) lots as follows:

No 19 - Lot 10a at 371m2 , Lot 10b at 371m2 , Lot 10c at 433m2 No 27 – Lot 11a at 431m2 , and Lot 11b at 426m2

A Section 173 Agreement is recorded against the title which was registered during the earlier subdivision permitted by Planning Permit P2010/6789 which created Gravillia Grove. The Section 173 Agreement covers issues such as a 2.5m front setback, dwellings on the southern side of Gravillia Grove to be constructed with sound proofing, Gravillia Grove to remain Common Property and waste management to be to the satisfaction of Council. This agreement will continue to apply to the created lots.

3. CONSULTATION

3.1 Advertising

The application was advertised by way of a sign on the site and notices were sent to adjoining property owners and occupiers. One objection was received and is summarised below.

The new lots should be single dwellings and no multi units should be permitted.

• The five new lots will mirror the approved lots in Gravillia Grove and will be covered by the same Section 173 Agreement. There is no planning merit to specifically state that these lots be controlled any differently to the rest of Gravillia Grove Estate.

No new business (non-residential), retail, clubs or business premises should be permitted.



• The zoning of the land remains as Residential 3, where most forms of retailing are prohibited. Other uses would require a planning permit however given the proposed lot sizes, would not be attractive for such uses.

All houses should be double storey and predominately brick.

• No requirement has been placed on the Gravillia Grove Estate on whether dwellings should be single or double storey or the materials used. It is not considered appropriate to restrict these lots differently to the remainder of the estate.

3.2 Referrals

The application has been referred to the relevant servicing authorities, and internal departments for comment.

South East Water

• No objection, conditions provided for any permit issued.

SPI Electricity


Multinet Gas


Telstra


Melbourne Water


Engineering

• The drainage within Gravillia Grove was constructed and approved as part of the original subdivision and is the responsibility of the Owner’s Corporation. The new lots will each require a legal point of discharge and a vehicle crossing before the issue of Statement of Compliance.



4. DISCUSSION



4.1.1 Zone

The site is located within the Residential 3 Zone. A permit is required pursuant to Clause 32.06-2 of the Knox Planning Scheme to subdivide land. One of the purposes of the Residential 3 Zone is to provide for residential development with a variety of dwellings to meet the housing needs of all households and which respects the neighbourhood character and limits the maximum height of a dwelling or residential building.

The Schedule to the Zone changes the private open space requirements of Rescode by increasing the total private open space for each dwelling from 40sqm to 60sqm. Also a minimum area of 40sqm must be provided with a minimum width of 5 metres.

• The lots sizes can provide the required open space and are in keeping with the character of the Gravillia Grove Estate.


4.2.1 State Planning Policy Framework (SPPF)

State policy requires Council to integrate the range of policies relevant to the issues to be determined, and balance conflicting objectives in favour of net community benefit and sustainable development. The following State Planning Policy Framework Clauses are applicable to this application:

Clause 15.01-1 Urban Design - Create urban environments that are safe, functional and provide good quality environments with a sense of place and cultural identity.

• The Gravillia Grove Estate comprises a body corporate neighbourhood with a 2.5m front setback and a “one way” accessway resulting in a ‘village’ style development.

• The layout of the estate remains unchanged and will be safe and functional.

Clause 16.01-2 Location of Residential Housing - Locate new housing in or close to activity centres and employment corridors and at other strategic redevelopment sites that offer good access to services and transport.



• Although the site is not located within walking distance of an activity centre or train station, public transport by bus 736 connecting to Mitcham, Blackburn, Vermont South, Glen Waverley and Forest Hill is available in Cathies Lane.

4.2.2 Local Planning Policy Framework Clause 21.05-2 Municipal Strategic Statement (MSS) The MSS seeks to promote housing in activity centres and further seeks to manage the need for more housing and maintaining the valued qualities of identified areas of environmental and character significance. The MSS supports development that respects the existing or preferred residential neighbourhood character.

• The proposed subdivision seeks to ensure that new residential development contributes to sustainable growth whilst providing for new housing by utilising available land in an established area as an infill development opportunity.

• The subdivision makes use of the existing infrastructure in terms of water, sewerage, drainage, electricity, existing road network and transport;

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

Development is encouraged where there is access to established infrastructure and meets the needs of the community provided that such development respects and compliments the desired future residential character and environment. Before deciding on an application, the responsible authority will consider as appropriate, whether:


• The subdivision provides land with services available in a location with a constructed road and vehicle crossovers allowing an owner to construct a new dwelling of their choice in a location where vacant land is rare.

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

• The subdivision creates five lots which are consistent with the character of the Gravillia Grove Estate.



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

• The subject site does not enjoy frequent public transport services. Bus 736 is available in Cathies Lane which travels between 6.00am and 9.45pm infrequently from half hourly to hourly, seven days a week from Mitcham Station to Blackburn via Vermont South, Glen Waverley and Forest Hill.

Clause 22.07 Neighbourhood Character No neighbourhood Character Precinct applies to the site.

4.3 Clause 56 –Residential Subdivision Rescode


Compact and Walkable Neighbourhoods 56.03-1

• The estate is a private road which enjoys a footpath along one side of the street.

• The estate is not located within walking distance to services however it is no different to other surrounding residential properties.

• Public transport (Bus 736) is located in Cathies Lane with a bus stop 90m to the south of the subject land.

Neighbourhood Character

• The application seeks to create new lots ranging from 433m2 to 371m2 which is consistent with the layout of the existing estate. The lots shall be included in the Section 173 Agreement currently registered on title.

Lot Diversity and Distribution

• The application provides vacant lots for future development to suit new dwellings with lot sizes which are in keeping with the adjoining properties.

Lot Area and Building Envelopes

• The lots shall require the 2.5m front setback or “building exclusion zone” which currently applies to the estate. This prevents buildings and works including front fencing within the frontage to ensure an open environment along the streetscape.



Solar Orientation

• The design of new dwellings can take into account solar orientation, Lots 10a and 10b would be the most disadvantaged given their rear yards face south.

Lot Access

• New vehicle crossovers for the proposed lots shall be constructed prior to the issue of a Statement of Compliance for the subdivision. The private road “Gravillia Grove” is newly constructed.

Common Area 56.04-5

• Gravillia Grove is a private body corporate one-way street managed by the Owner’s Corporation.

Utilities

• All services are available within the estate and can be extended to provide connections to the new lots in accordance with the requirements of the servicing authorities prior to the issue of a Statement of Compliance.


Clause 52.01 Public Open Space - Consideration for public open space pursuant to the Subdivision Act 1988 and the Knox Planning Scheme.

• The subdivision is exempt from the payment of Public Open Space as a contribution was paid as part of the Gravillia Grove Estate subdivision. No further contributions are required

4.5 Decision Guidelines

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

The suitability of the land for Subdivision.

• The subdivision provides lots consistent with the surrounding estate in a newly constructed street with services available.

The existing and future development

• The Section 173 Agreement will enforce the current standard of design to ensure that these lots will be developed to the same standard as the surrounding lots.



The availability or need for new subdivided land.

• Housing within established areas whereby an owner can design their own dwelling is in demand.

The effect of the development on drainage.

• Drainage is available in Gravillia Grove. Each lot will need to provide a Legal Point of discharge prior to the issue of a Statement of Compliance for the subdivision.

Regard to character and existing vegetation.

• No significant vegetation is affected by the subdivision.

Density of Proposed Development.

• The combined lots have an area of 2032m2 and provides five lots with an average lot size of 406.4m2.

Area and dimensions of Lots.

• With the exception of Lots 11b and 10c, the lots are generally square in shape providing for an easy standard of development and use of the land.

Road Layout and connections.

• The road Gravillia Grove Rise was constructed as part of the original subdivision.

Pedestrian, vehicle movement and parking.

• Vehicle crossings for each lot are required to be constructed prior to the issue of a Statement of Compliance .

Availability of services and capacity of land to treat sewerage

• The site has connections to all utility services. Permit conditions provided by service authorities will ensure that all lots are serviced.

Protection of native vegetation

• No native vegetation is affected by the subdivision.



5. CONCLUSION

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

• The proposal is consistent with the Residential 3 Zoning and Clause 56 of the Knox Planning Scheme.

• The title is encumbered by Section 173 Agreement which sets out how the estate will be developed to ensure the character of the estate is consistent in terms of setback and open garden character.

• The Owner’s Corporation is responsible for the maintenance of the Acoustic Wall along the southern boundary and the road “Gravillia Grove” and internal drainage. This is required to be noted on the Owner’s Corporation Sheet on the plan of Subdivision.

• The subdivision is considered an infill development which is in keeping with the character of the body corporate estate and provides the balance between the need for additional housing and the amenity of the newly constructed residential area. The lots will allow an owner to design a dwelling which meets their needs in an established neighbourhood.

6. CONFIDENTIALITY


RECOMMENDATION

That Council issue a Notice of Decision to Grant a Planning Permit for the five lot subdivision at 19 & 27 Gravillia Grove, Wantirna South subject to endorsed plans and the following conditions.

Amended plans required

1. This permit shall have no force or effect until three copies of an amended plan of subdivision has been submitted to and approved by the Responsible Authority. This plan shall show:

a) The maintenance responsibility of the Acoustic Wall as a requirement of the Owner’s Corporation.

Once approved, these plans become the endorsed plans of this permit.




General Conditions

2. The subdivision boundaries and development as shown on the endorsed plans must not be altered or modified (whether or not in order to comply with any statute, statutory rule or for any other reason) without the consent of the Knox City Council, the Responsible Authority.

3. All existing and proposed easements required for utility services on the land must be set aside in the plan submitted for certification in favour of the relevant authority for which the easement is to be created.

4. The owner/developer of the land must enter into agreements with the relevant authorities for the provision of water supply, drainage, sewerage facilities, electricity, gas and telecommunication services to each lot shown on the plans of subdivision in accordance with that authority’s requirements and relevant legislation at the time.

Referral of plan

5. Each plan of subdivision submitted for certification under the Subdivision Act 1988 must be referred to the relevant authority in accordance with Section 8 of the Act.

South East Water Conditions (ref: 19880515)

6. Prior to the issue of a Statement of Compliance for each stage, the owner/developer must enter into an agreement with South East Water Limited for the provision of potable water supply and fulfil all requirements to its satisfaction.

7. Prior to the issue of a Statement of Compliance for each stage, the owner/developer must enter into an agreement with South East Water Limited for the provision of sewerage and fulfil all requirements to its satisfaction.

8. All lots on the plan of subdivision are to be provided with separate connections to our potable water supply and sewerage systems.

Multi Net Gas Conditions (ref: S- 2012-04826)

9. The plan of subdivision submitted for certification for each stage must be referred to Multi Net Gas in accordance with Section 8 of the Subdivision Act 1988.




Telstra (ref: 99503)

10. Prior to the issue of a Statement of Compliance for each stage, the owner shall provide to the satisfaction of Telstra all works for provision of Telecommunication services to each lot created in the subdivision.

SPI Conditions (ref: 74371962)

11. Prior to the issue of a Statement of Compliance, the owner/developer shall enter into an agreement with SPI Electricity Pty Ltd for the extension, upgrading or rearrangement of the electricity supply to lots on the plan of Subdivision. A payment to cover the cost of such work will be required.

12. Provide electricity easements internal and external to the subdivision in favour of SPI Electricity Pty. Ltd. to service the lots on the plan of subdivision and/or abutting lands as required by SPI Electricity Pty. Ltd. The provision of reserves for electricity substations may also be required.

Melbourne Water Conditions (ref:216452)

13. No polluted and/or sediment laden runoff is to be discharged directly or indirectly into Melbourne Water’s drains or water courses.

14. Prior to the certification, the plan of subdivision must be referred to Melbourne Water in accordance with Section 8 of the Subdivision Act 1988.

Engineering Plans Required

15. Prior to the commencement of works, three copies of drainage plans and computations (to AHD) prepared by a suitably qualified Engineering Consultant (A person who holds a qualification in Civil Engineering) must be submitted and approved by the Responsible Authority. These plans shall show:

a) Details of the Legal Point of Discharge for all lots including connection to the approved drainage system.

b) Details of vehicle access for all lots.




Final Inspection

16. Prior to the issue of a Statement of Compliance a final inspection of drainage and vehicle crossings by Council’s Enforcement Officer shall be carried out to verify the completion of the development in accordance with the endorsed plans.

17. Prior to the issue of a Statement of Compliance all Landscaping shall be reinstated following the completion of works within the estate to the satisfaction of the Responsible Authority.

Asset Protection

18. The Applicant/Owner shall be responsible to meet the costs of all alterations to and reinstatement of, the Knox City Council and any other Public Authority assets deemed necessary and required by such Authorities for the development/subdivision. Re-instatement or modification of assets to Council’s satisfaction will be required or compensation to the value of Council’s loss shall be paid.

Time

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

a) The subdivision is not started within two years of the date of this permit as evidenced by a Plan of Subdivision being certified by the Council within that time limit;

b) The Certified Plan of Subdivision is not registered within five years from the date of the certification of the plan.

The Responsible Authority may extend the time limit at the request of the landowner or occupier. Any request must be made before the permit expires or within three (3) months after the expiry date.

Notations:


• A road opening permit is required for any works which take place outside the property boundary in the footpath or road reserve.




• Telstra Advice: This approval does not cover alterations to existing Telstra network or plant. Locations of existing network can be obtained from Dial before you Dig, phone 1100. For co-ordinated Telstra Plant reticulation in this development, please refer to www.telstrasmartcommunicty.com to register your development and apply for reticulation.

• Multinet Gas: Contact 85449206

• South East Water: Contact: 95523305 3221 The owner is required to obtain a “Notice of Agreement” from South East Water. All requirements must be fulfilled prior to South East Water granting consent to the issue of a Statement of Compliance.

The following South East Water agreement options are available:

1. Application to enter into Development Deed- Works, if South East Water reticulated sewer/water/recycled water (as applicable) is required to be extended to service lots within the development.

2. Application for Notice of Agreement Subdivision – Non works, if South East Water reticulated sewer/water/recycled water (as applicable) is available to the development and the owner only requires Statement of Compliance to release the titles (ie; subdivision prior to building).

3. Plumbing industrial, Commercial, Units and Private Water application, if South East Water reticulated sewer/water/recycled water (as applicable) is available to the development and the owner wishes to commence construction of the buildings. (ie; building prior to subdivision).

• SPI Conditions: Contact 9238 6374. It is recommended that, at an early date the applicant commences negotiations with SPI Electricity Pty Ltd for a supply of electricity in order that supply arrangements can be worked out in detail. So prescribed information can be issued without delay. Arrangements for the supply will be subject to obtaining the agreement of other authorities and any landowners affected by routes of the electric power lines required to supply the lots and for any tree clearing. Prospective purchasers of lots on this plan should contact this office to determine the availability of a supply of electricity. A financial contribution may be required.

• Melbourne Water: Contact 9679 6753.

http://www.telstrasmartcommunicty.com/�




• The Section 173 Agreement currently affecting the land will be carried over to the newly created lots and requires a 2.5m front setback, maintenance of the private road (Gravillia Grove), the acoustic fence located along the southern boundary and double glazing for dwellings located along the southern boundary.

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


19 & 27 Gravillia Grove, Wantirna South. (cont’d)

APPENDIX A: 19 & 27 Gravillia Grove, Wantirna South. Page 1 of 2


APPENDIX A: 19 & 27 Gravillia Grove, Wantirna South. Page 2 of 2


19 & 27 Gravillia Grove, Wantirna South. (cont’d)

APPENDIX B: 19 & 27 Gravillia Grove, Wantirna South. Page 1 of 1


SCOTT WARD

7.5 APPLICATION FOR THE DEVELOPMENT OF THE LAND FOR A DOUBLE STOREY DWELLING TO THE SIDE OF THE EXISTING DWELLING AND SUBDIVISION OF THE LAND INTO TWO (2) LOTS AT 1 LANCELOT CLOSE, WANTIRNA SOUTH, MELWAY REF. 73A2 (Application No. P/2012/6454)

1. SUMMARY:

Land: 1 Lancelot Close, WANTIRNA SOUTH Applicant: Ark 8 Architects Proposed Development: The development of the land for a

double storey dwelling to the side of the existing dwelling and subdivision of the land into two (2) lots

Existing Land Use: Single Dwelling Area/Density: 645m2 / 1:322m2 Zoning: Residential 3 Zone Overlays: None Local Policy: Municipal Strategic Statement (MSS)

Neighbourhood Character Policy Housing Policy

Application Received: 12 June 2012 Number of Objections: Twelve (12) PCC Meeting: 19 February 2013

Assessment:

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

The proposal generally complies with the purpose of the Residential 3 Zone.

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


7.5 1 Lancelot Close, Wantirna South (cont’d)

2. BACKGROUND



• The subject site is irregular in shape and located on the south-eastern corner of Lancelot Close and Riddell Road in Wantirna South. The site has a frontage of 11.6 metres to Lancelot Close, a sideage of 32 metres to Riddell Road, a maximum depth of 40.64 metres and an overall area of approximately 645m2. A double storey brick dwelling with an attached double garage currently exists on the site. The site contains two existing vehicle access points, one adjacent to the south-western corner of the site and one adjacent to the north-eastern corner of the site. The site contains a number of small shrubs and medium sized trees scattered throughout the site.

• A 2.25 metre wide easement runs parallel to the site’s eastern boundary and there are no restrictions registered on the Certificate of Title.

• The subject site and surrounds are located within an established residential area, predominately single storey, with some double storey dwellings and landscaped setbacks. Car parking to the front or sides of dwellings is a common characteristic of the area.

2.2 The Proposal


The proposal seeks permission to construct a new double storey dwelling to the side of the existing dwelling and to subdivide the land into two (2) lots. Details on the proposal are as follows:

• The rumpus room to the existing dwelling will be removed (no planning permit is required for demolition). Vehicle access for the existing dwelling will remain unchanged. Secluded private open space consisting of 40.6m2 will be provided to the side of the dwelling with direct access from the meals area.

The proposed dwelling will be located to the side of the existing dwelling with a front setback ranging between 5 and 6 metres from Riddell Road. The proposed dwelling will contain two (2) bedrooms and one (1) study, open living areas and amenities. A single carport will be constructed along the eastern boundary with the tandem car space. Secluded private open space consisting of 40m2 has been provided to the rear of the proposed dwelling, with the upper level cantilevering over the secluded private open space.



• The existing crossover along the northern boundary will be relocated to the east to provide additional landscaping within the front setback.

• All vegetation is proposed to be removed from the site. A planning permit is not required for vegetation removal.

3. CONSULTATION

3.1 Advertising

The application was advertised by way of a sign on each street frontage and notices were sent to adjoining property owners and occupiers. A total of twelve (12) objections were received. The concerns raised in the objections and responses to these concerns are provided below:

Non-compliances with ResCode

• An assessment of the proposed development against Clause 55 (ResCode) is provided at Section 4.5 of this report.

Neighbourhood Character

• An assessment of the proposed development against Clause 22.07 Neighbourhood Character Policy is provided at Section 4.2.2 of this report.

Overlooking

• There is opportunity for overlooking from the upper level of the proposed dwelling. This will be addressed via conditions on any permit issued.

Vegetation removal

• A planning permit is not required to remove the vegetation on site. A landscaping plan will form part of any permit issued which will require a number of canopy trees and large shrubs to be planted across the site.

Traffic and car parking

• Car parking has been provided at ratios consistent with Clause 52.06 (Car Parking) of the Knox Planning Scheme. Car parking provision is considered to be adequately catered for in the proposed design as noted in Section 4.4 of this report. Further, the proposed development is not expected to cause an unreasonable increase in traffic flows within the local street network.



Overdevelopment and insufficient infrastructure

• The proposal is not considered to be an overdevelopment of the site with the dwelling generally complying with ResCode Standards (Clause 55), in particular, car parking, secluded private open space, site coverage, landscaping, overlooking and overshadowing. Further, the proposal is considered to achieve the neighbourhood character design objectives of the Garden Court Precinct in terms of providing adequate areas within the development for the establishment of additional landscaping, upper level walls articulated with a mix of building materials and colours to reduce building bulk and car parking located to the side of the dwellings to minimise any dominance of car parking within the frontage.

• Conditions on any permit issued would ensure the site is adequately drained so as not to put any additional pressure on the existing drainage system. Provision of sewerage and electrical infrastructure must be to the satisfaction of the relevant authorities which will be included in any permit issued.

Amenity impacts (including noise)

• The site is located within an established residential area where associated noise is a common feature of urban areas. The development will not result in an unreasonable increase in residential noise. Standard construction amenity conditions will be placed on any permit issued.

Overshadowing

• The level of overshadowing complies with ResCode Standard B21.

Impact on property values

• This is not a valid planning concern.

3.2 Planning Consultative Committee Meeting

A Planning Consultative Committee (PCC) Meeting was held at the Civic Centre on 19 February 2013. The meeting was attended by 17 objectors and the objections listed above were discussed. The following issues were also discussed in depth:

• Non-compliances with ResCode

• Neighbourhood Character

• Overlooking



• Vegetation removal

• Traffic and car parking

• Overdevelopment and insufficient infrastructure

• Amenity impacts (including noise)

• Impact on property values

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

3.3 Referrals

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

Traffic Engineer


Drainage Engineer


Arborist

• None of the plants growing on the site are significant. All vegetation can be removed to facilitate the development.

• The proposed development will not impact any vegetation on the adjoining properties.

Building

• The carport for the proposed dwelling must be fire rated. This will be conditioned on any permit issued.

• The common wall between the existing dwelling and the proposed dwelling must either be fire rated or be a party wall. This will be conditioned on any permit issued.

• An easement must be created to ensure the existing dwelling will have access to the sewer. This will be addressed via a standard condition on any permit issued.



External Subdivision Referrals

• Pursuant to Clause 66.01 of the Knox Planning Scheme, an application for two lot subdivision does not require to be referred to the person or body specified as the referral authority provided the general Referral Authority Conditions are placed on any permit issued.

4. DISCUSSION



4.1.1 Zone

The site is located within the Residential 3 Zone. A permit is required pursuant to Clause 32.06-4 to construct two or more dwellings on a lot.

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

• The purpose of the zone supports the proposed development by encouraging residential development that both respects the character of the area and meets the housing needs of a variety of household types.

• Each dwelling is provided with a minimum of 40m2 of secluded private open space with a minimum dimension of 5 metres located to the rear or side of the dwelling. Each dwelling is provided with at least 60m2 of private open space.

• No front fences are proposed.

4.1.2 Overlays

• No overlays affect the site.






Key Policies:

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

• The design of the development will make a positive contribution to the streetscape, with built form considered to be appropriate in form and scale. The development incorporates important neighbourhood character features such as pitched roof forms, brick and render finishes, and landscaped setbacks. Upper level walls are articulated to reduce building bulk and mass (subject to modification as discussed at Section 4.2.2 below).


• The proposal contributes to the consolidation of urban development through the provision of increased density within an existing residential area within reasonable distance to urban services and transport. Living and secluded private open space areas are appropriately orientated.

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

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

• Housing choice – The proposed development provides a different form of housing to that provided in the area and the provision of two bedrooms on a smaller lot is considered to increase housing choices.



• Existing infrastructure – the site is located within a fully serviced area.

• Energy efficiency – this has been discussed above under Clause 15.02.


• The site is located within 60 metres walking distance of a bus stop on Wallace Road to the east, which is serviced by bus route No. 758.

• Bus route 758 from Knox City to Knoxfield operates at various intervals from 9:12am to 6:16pm Monday to Friday.

4.2.2 Local Planning Policy Framework

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

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

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

• While the land is not in an Activity Centre, the proposal, provided it respects existing neighbourhood character, can be consistent with the requirements of the MSS.

• An assessment against Council’s preferred Neighbourhood Character Policy (Clause 22.07) is below.

Clause 22.07 Neighbourhood Character: Garden Court Precinct – The desired future character of this area is for low scale dwellings set within an open landscape with, in some areas, occasional pockets of large native trees.

The key design objectives are:



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

• There is no remnant or significant trees on site. There are opportunities for planting within the front setback and within the side and rear setbacks. A landscaping plan will form part of any permit issued.

To maintain the rhythm of spacing between dwellings.

• The design of the proposal allows for adequate separation to maintain the rhythm and spacing of the surrounding area. Attached form is only at ground level, with reduced upper level footprints. Private open space areas and side and rear setbacks also provide opportunities for additional landscaping, which will maintain and enhance the landscape character of the area.

To minimise the dominance of buildings from the street.

• The front setback of the proposed dwelling is 5 metres, which exceeds the requirements of ResCode and will reduce the dominance of the building from Riddell Road.

• The upper levels of the proposed dwelling are articulated to add

visual interest. A part of the upper level cantilevers over the secluded private open space area which may impact upon the property to the south. A condition will be placed on any permit issued requiring the cantilevered bathroom to be relocated into the study area, to further alleviate the appearance of the two storey built form to the adjoining property to the south.

• The proposed setbacks of the development ensure that additional

landscaping can be established within the frontage to maintain and further enhance the landscape character of the area.

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

• As highlighted above, front setbacks are consistent with ResCode Standards, with adequate provision incorporated into the design to ensure landscaping can be established within the frontage. The carport for Dwelling 2 is in line of the dwelling façade and is considered not to dominate the streetscape.

To maintain the openness of front boundary treatments.

• There are opportunities within the street setbacks to provide landscaping. No fencing will be provided along the street frontages to maintain the openness of the front boundary.



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

In response to this forecast, the housing policy directs that infill medium density housing in dispersed residential locations respects and complements the desired future residential character objectives of Clause 22.07 Neighbourhood Character policy and Clause 22.01 Dandenong Foothills policy, where relevant.

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


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


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

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

• The relocation of the bathroom into the study of Dwelling 2 will result in further reductions of the upper floor. Setbacks are considered to be adequate and there is not expected to be unreasonable amenity impacts to adjoining properties. Any overlooking will be addressed via conditions on any permit issued.


• There is no endorsed structure plan or urban design framework for Wantirna South.

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

• Two storey building heights are considered normal to residential areas within Knox. In addition, the two storey built form is setback a minimum 2.5 metres from surrounding properties allowing some separation from the site boundaries.



4.3 Clause 52.01 – Public Open Space Contribution and Subdivision

• As the application proposes a two (2) lot subdivision and it is unlikely that either lot can be further subdivided, the application is exempt from a public open space contribution.

4.4 Clause 52.06 – Car Parking

Prior to a new use commencing or a new building being occupied the car parking spaces required under Clause 52.06-5 must be provided on the land.

Car Parking Spaces Required

Clause 52.06-5 Number of car parking spaces required – Complies. Each dwelling provides the required number of car parking spaces in accordance with Clause 52.06.

Design Standards for Car Parking

Design Standard 1: Access ways – Complies. A standard condition on any permit will require all structures (including fences and meter boxes) shall be constructed to a maximum height of 900mm or relocated clear of a splayed area near the access way to ensure safe sight distances. Design Standard 2: Car Parking Spaces – Non compliance. The carport to Dwelling 2 must have a minimum length of 6 metres. This will be conditioned on any permit issued. Design Standard 3: Gradients – Complies Design Standard 4: Mechanical Parking – N/A Design Standard 5: Urban Design – Complies Design Standard 6: Safety – Complies Design Standard 7: Landscaping – Complies




Neighbourhood Character – Generally complies, refer to Section 4.2.2 above.

Residential Policy - Complies



Infrastructure – Complies. A condition on any permit will require a Drainage Plan.

Integration with the Street – Complies


Street Setback – Complies. The proposed dwelling has been provided with a 5 metre front setback to Riddell Road which exceeds the requirements of ResCode.


Site Cover/permeability – Complies

Energy Efficiency – Complies.

Landscaping – A condition on any permit issued will require that appropriate landscape plans are submitted to the satisfaction of the Responsible Authority.

Access – Complies

Parking location – Complies

Amenity Impacts

Side and rear setbacks – Complies

Walls on boundaries – Complies

Daylight to existing windows/north facing windows – Complies

Overshadowing open space – Complies.

Overlooking – Non Compliance, there is opportunity for overlooking from the upper level of the proposed dwelling. This will be addressed via conditions on any permit issued.

Internal views – Generally complies. A condition will be placed on any permit issued requiring an internal fence to be noted on the plans, between the private open space areas to both dwellings.


Daylight to new windows – Complies


Solar access – Complies.



Storage – Non compliance. Each dwelling must be provided with at least 6m3 of externally accessible, secure storage place and this will be reflected on any permit issued.

Front fence – Complies.

Common property – Complies.

Site services – Complies.

4.6 Clause 56 –Residential Subdivision

The proposal generally complies with the provisions of Clause 56 of the Knox Planning Scheme subject to conditions. An assessment of the key criteria; including any areas of non compliance are considered below: Liveable and Sustainable Communities Neighbourhood Character – Complies. Refer to comments above in Section 4.2.2 of this report. Lot Design Lot area and building envelopes – Complies. Lot 1 contains the existing dwelling and Lot 2 proposes a double storey dwelling which generally complies with the provisions of Clause 55, Residential 3 Zone and design objectives of the Neighbourhood Character policy at Clause 22.07. Solar orientation of lots – Complies Common area – Complies Access and Mobility Management Lot access – Complies Integrated Water Management Drinking water supply – Complies Reused and recycled water – Complies. Waste water management – Complies. Urban run-off management – Complies. A condition on any permit will require a Drainage Plan to be submitted to the satisfaction of Council. Site Management Site Management – Complies. Standard amenity construction requirements will be a condition on any permit issued.



Utilities Shared trenching – Complies, subject to standard conditions on any permit issued. Electricity, telecommunications and gas – Complies, subject to standard conditions on any permit issued.

4.7 Clause 65 – General Decision Guidelines

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

5. CONCLUSION


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

• The design of the new dwellings is consistent with the Neighbourhood Character objectives as the dwellings are low scale, setback from boundaries to allow for additional landscaping opportunities, which will maintain and enhance the landscape character of the area.

• The development and associated subdivision is generally compliant with ResCode subject to changes that could be conditioned on any permit issued.

• The proposed subdivision appropriately responds to the site and its context for the purpose of infill development.

6. CONFIDENTIALITY




RECOMMENDATION

That Council issue a Notice of Decision to Grant a Planning Permit to develop the land for a double storey dwelling to the side of the existing dwelling and subdivision of the land into two (2) lots at 1 Lancelot Close, Wantirna South subject to the following conditions:

Amended plans

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

The plans must be generally in accordance with the plans prepared by Ark 8 Architects but modified to show:

1.1 Annotation stating, ‘all structures (including fences, letterboxes and meter boxes) shall be constructed to a maximum height of 900mm or relocated clear of a splayed area near the access way in accordance with AS2890.1, Clause 3.2.4 to ensure safe sight distances.’

1.2 The height, location and design of fencing, the mail boxes and electricity supply structures to comply with Condition 1.1 of this Planning Permit.

1.3 The south facing bedroom 2 window to Dwelling 2 to be deleted.

1.4 The west facing bedroom 2 window to Dwelling 2 must be full length with the provision of fixed external screening to a minimum 1.7m above finish floor level and no more than 25% transparent.

1.5 Reduction of the upper level of Dwelling 2 by relocating the bathroom into the study area. The bathroom windows must be appropriately obscured.

1.6 The provision of eaves on the east facing kitchen windows to Dwelling 2.

1.7 Notation that the carport to Dwelling 2 must be fire rated.




1.8 Notation that the common wall between the existing dwelling and Dwelling 2 must either be a party wall or fire rated.

1.9 The carport to Dwelling 2 must have a minimum length of 6m, without encroaching into the secluded private open space area.

1.10 The internal fencing between the private open space areas to both dwellings to be shown on the plans.

1.11 Drainage Plans in accordance with Condition 2.

1.12 Landscape Plans in accordance with Condition 4.


Drainage plans

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

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

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

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

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

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






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

Landscape plans

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

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


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


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


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

4.8 The plans must also show the provision of five (5) additional indigenous or native canopy trees and at least 12 additional large shrubs chosen from Appendix 4 or 5 of Council’s Landscape Guidelines for Planning Permits. These canopy trees must be at least two metres tall when planted.






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

General





Car parking and Driveways

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

Fencing

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


Construction Amenity


14.1 the appearance of building, works or materials on the land

14.2 parking of motor vehicles

14.3 transporting of materials or goods to or from the site

14.4 hours of operation

14.5 stockpiling of top soil or fill materials




14.6 air borne dust emanating from the site

14.7 noise

14.8 rubbish and litter

14.9 sediment runoff


Subdivision Conditions

15. The owner of the land must enter into agreements with the relevant authorities for the provision of water supply, drainage, sewerage facilities, electricity and gas services to each lot shown on the endorsed plan in accordance with the authority’s requirements and relevant legislation at the time.

16. All existing and proposed easements and sites for existing or required utility services and roads on the land must be set aside in the plan of subdivision submitted for certification in favour of the relevant authority for which the easement or site is to be created.

17. The plan of subdivision submitted for certification under the Subdivision Act 1988 must be referred to the relevant authority in accordance with Section 8 of that Act.

18. The subdivisional boundaries as shown on the endorsed plans must not be altered or modified (whether or not in order to comply with any statute, statutory rule or for any other reason) without the consent of the Knox City Council, the Responsible Authority.

19. The subdivision plan must accord with the layout shown on the plans endorsed under the applicable Development Permit.

Section 173 Agreement

20. Prior to statement of compliance, the owner of the land shall enter into a Section 173 Agreement with the Responsible Authority and register the agreement against the title, which covenants that:

20.1 The land will be developed in accordance with the plans and conditions of Planning Permit No. P/2012/6454; and




20.2 The owner agrees that if Planning Permit No. P/2012/6454 expires after this Agreement commences, the development of the subject land must be to the satisfaction of the Responsible Authority; and,

20.3 The owner agrees that after the completion of the development of a lot, no buildings or works comprising the development may be altered or extended without the further written consent of the Responsible Authority.

This requirement may be waived should construction be completed at the time of the request for the statement of compliance. All costs associated with the preparation and registration of the agreement shall be borne by the applicant.

Works

21. Prior to the issue of a Statement of Compliance, all drainage and driveway works relating to the development including common property area (if common property is applicable) are to be constructed or bonded in accordance with Planning Permit P/2012/6454, to the satisfaction of the Responsible Authority.

22. Should a S.173 Agreement be required (pursuant to Condition 32 of this permit) prior to the issue of a Statement of Compliance, all works required to be done to the existing dwelling and its surrounds as per Planning Permit P/2012/6454 must be completed to the satisfaction of the Responsible Authority, these works include but are not limited to any modification to the dwelling, provision of garage/carports, storage, landscaping, fencing and removal of outbuildings.

23. Should a Section 173 Agreement not be applicable, prior to the issue of a Statement of Compliance all buildings and works (including landscaping) relating to the development must be completed as per Planning Permit P/2012/6454 to the satisfaction of the Responsible Authority.

Asset Protection

24. The Applicant/Owner shall be responsible to meet the costs of all alterations to and reinstatement of, the Knox City Council and any other Public Authority assets deemed necessary and required by such Authorities for the development/subdivision. Re-instatement or modification of assets to Council’s satisfaction will be required or compensation to the value of Council’s loss shall be paid.




Final Engineering Inspection

25. Prior to the issue of a Statement of Compliance a final inspection by Council’s Surveillance Officer shall be carried out to verify the completion of works in accordance with the Engineering Plans, to Council’s standards.

Final Landscaping Inspection

26. Prior to the issue of a Statement of Compliance a final inspection by Council’s Enforcement Officer shall be carried out to verify the completion of landscaping in accordance with the Landscape Plans, to Council’s standards.

Vehicle crossing

27. Prior to the issue of a Statement of Compliance, vehicle crossing must be constructed to service all lots and any vehicle crossing no longer required must be returned to nature strip to the satisfaction of the Responsible Authority. All crossovers shall be 10m clear of an intersection, 3m clear of all street trees and 1m clear of all other assets in the road reserve.

Easements

28. New easements must be created to the satisfaction of the Responsible Authority over any drainage assets constructed as a result of this subdivision

Removal of structures

29. In the event of a Section 173 Agreement being entered into, all structures/outbuildings over the proposed boundary shall be demolished and removed from the land to the satisfaction of the Responsible Authority prior to the issue of a Statement of Compliance.

Fire Rating

30. Prior to the issue of a Statement of Compliance, documentary evidence is to be provided by a Registered Building Surveyor detailing that alterations to the existing dwelling are fire rated in accordance with the Building Regulations 2006.




Permit Expiry


31.1 The development or the subdivision is not started within two years of the date of this permit. Commencement of the Subdivision will be evidenced by a Plan of Subdivision being certified by the Council within that time limit.


31.3 The Certified Plan of Subdivision is not registered with the Titles Office within five years from the date of the certification of the plan.


The starting of a subdivision is regarded by Section 68(a) of the Planning and Environment Act 1987 as the certification of a plan under section 6 of the Subdivision Act 1988 and where a subdivision is staged, from Certification of Stage One. Completion is regarded as registration of the subdivision and where the subdivision is stage, upon registration of the last stage. NOTES Drainage Notes (to be read in conjunction with the above drainage conditions): • Applicant shall engage a certified Engineering Consultant to

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

• For all Tc and Tso calculations, please contact Council’s Drainage Department on telephone number 9298 8147.



Recommendation (cont’d) • Applicant is to direct all stormwater to the north-east corner of the

property as this represents the Legal Point of Discharge (LPD) for the property. Applicant is to verify this on site. Connect all stormwater discharge from the site to the LPD via an Onsite Detention (OSD) system. The internal drains for the dwellings are to be independent of each other.

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


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

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

Other Notes • Build Over Consent is required for works constructed within the

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

commenced. • Road Opening Permit is required for the proposed crossovers. • The dwelling/s must achieve a minimum 6-Star Energy Rating. • Indigenous plants can be purchased through approved indigenous

nurseries, as listed in the Knox City Council 'Preferred Local Replacement Plants' Information Sheet.


• Raised concrete slabs on the existing footpath fronting the site should be grounded. A Road Opening Permit is required.

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

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



Recommendation (cont’d) • It is the owners responsibility to ensure that the dwellings comply

with the Victorian Building Regulations in respect to fire rating. • This permit does not discharge an occupier from any liability

relating to the construction, maintenance or the repair of a dividing fence, pursuant to the provisions of the Fences Act 1968 (as amended).

COUNCIL RESOLUTION MOVED: CR. COOPER SECONDED: CR. GILL That Council issue a Notice of Refusal to Grant a Planning Permit for the development of a double storey dwelling to the side of the existing dwelling and subdivision of the land into two (2) lots at 1 Lancelot Close, Wantirna South on the following grounds:

1. The proposal represents an overdevelopment of the site through

the limited areas for meaningful planting, building bulk and visual mass.

2. The proposed development is inconsistent with the direction of Clause 22.10 (Housing Policy) to locate medium density housing within 400 metres easy walking distance of neighbourhood activity centres.

3. The proposed development is inconsistent with Clause 22.07

(Neighbourhood Character) of the Knox Planning Scheme. 4. The proposed dwellings will result in unreasonable amenity

impacts to adjoining properties. CARRIED


APPENDIX A page 1 of 2


APPENDIX B page 1 of 5


ALL WARDS

7.6 HOUSING MONITORING AND REVIEW PROGRAM 2012

SUMMARY: Project Manager – Strategic Planning (Claire Anderson)

This report summarises the findings of the fifth annual Housing Monitoring and Review Program. The results show that an unusually high number of dwellings were approved in 2012. However, it is likely that the high number is due in part to land speculation and may not flow through to new dwellings on the ground.

In terms of housing distribution, the Housing Policy has been influential, with the majority of new approvals located in Activity Centres and away from dispersed residential areas. All apartment approvals were within Activity Centres; the majority in the Boronia Major Activity Centre. Approvals outside Centres were mainly villa units and dual occupancies. There has been an increase in the number of approvals in the Dandenong Foothills, however the majority of these were for single dwellings as some of the last remaining vacant lots are built on and older homes are replaced by new detached family dwellings.

Continuing a recent trend, two bedroom dwelling approvals were the predominant size. Given the large number of apartment approvals, the number of one bedroom approvals also increased. While these improve housing choice and diversity across Knox, the concentration in a few areas can perpetuate a ‘dwelling to household mismatch’ in other areas. Smaller dwellings can also contribute to affordability; however given that no social housing developments were approved in 2012, the lack of options for Knox residents with low incomes is an ongoing concern.

While the numbers show that Council’s current Housing Policy is working, there is significant community concern about the quality of development generally and scale of change in some areas. Phase 2 of the Knox@50 project (Council’s recently completed community engagement program) is the Housing Policy Review Project. This Project aims to refine the content of the Housing Policy to better reflect the aspirations of the Knox community and improve results ‘on the ground’.

RECOMMENDATION

That Council note the fifth Housing Monitoring and Review Program Annual Report, March 2013 (Appendix A).


7.6 Housing Monitoring and Review Program 2012 (cont’d)

1. INTRODUCTION

The Housing Monitoring and Review Program was developed to assess the effectiveness of the Housing Policy in the Knox Planning Scheme in delivering the Knox Housing Statement. The Statement is Council’s current strategic plan for housing and residential development in Knox. Council prepared the

Statement in 2005 (updated in 2007) to plan ahead for the changing demographics and housing trends forecast for the community over the next 25 years to 2030. The Statement has five principles for housing. These are:

1. Meet the social needs of the community by encouraging the provision of affordable and diverse housing types to cater for a changing demographic profile that includes single person, couple and family households, and households with particular needs.

2. Ensure the planning for housing development contributes to sustainable urban growth and change, and the design of new dwellings incorporates best practice sustainable building performance measures.

3. Manage the conflict between the need for more housing and maintaining the valued qualities of identified areas of environmental and character significance by allowing residential suburbs to continue to evolve and change but in a way that strengthens the distinctive characteristics of each neighbourhood.

4. Ensure that residents have improved access to services, facilities and public transport by encouraging more housing within activity centres and in appropriate strategic locations.

5. Provide effective leadership and direction for the proper management of urban growth within the City of Knox to ensure that there is a sound foundation for decision making for future housing provision.

Council has different roles to play in the delivery of each of these principles, and has varying degrees of control and influence. Council’s role as Responsible Authority and Planning Authority under the Planning and Environment Act 1987 provides an opportunity for direct influence via the Knox Planning Scheme, both in establishing the local planning policy direction and in assessing planning applications against the Scheme.

The Housing policy is part of the Knox Planning Scheme. It is applied to all planning applications for residential development within the urban growth boundary of Knox. It provides policy relating to distribution (location), type and form of residential development, and to a lesser extent, social housing. The Housing policy does not operate in isolation. Some of the objectives of the Housing policy are assisted and achieved by the application of other policies, overlays and the general provisions of the residential zones.



The Housing Monitoring Program uses a set of indicators to assess the performance of the Housing policy each calendar year. The indicators are:

• Total planning approvals for residential development (including new dwellings and new subdivisions).

• Total planning applications reviewed by the Victorian Civil and Administrative Tribunal (VCAT).

• Total new rateable residential properties, occupancy permits and new bins issued.

• Distribution of new residential development by location, categorised as Activity Centres (Principal, Major and Neighbourhood Centres), Strategic Redevelopment Sites and along the Principal Public Transport Network (PPTN), and dispersed development areas (including the Dandenong Foothills and the balance of residential areas in Knox). The Activity Centres are based on the current approved boundaries for the Knox Central Principal Activity Centre, Bayswater, Boronia and Rowville Major Activity Centres, and a boundary within 400 metres from the edge of business zones for the Mountain Gate Major Activity Centre and all Neighbourhood Activity Centres).

• Diversity of new residential development (by number of bedrooms and dwelling types, i.e. apartment, townhouse, villa unit, dual occupancy or detached single dwelling).

• Total social housing developments approved.

• Delivery of public transport infrastructure and/or service improvements.

• Effectiveness of the Neighbourhood Character and Dandenong Foothills local planning policies, and Foothills overlays.

This report presents the findings of 2012 (1 January to 31 December). Where possible, the findings are analysed in the context of a set of targets in the Knox Housing Statement. The targets are set in five yearly periods from 2001 to 2030. The targets are set for total dwelling numbers and distribution (location). The targets are designed to meet the future housing needs of Knox in line with the principles and objectives by directing more housing to preferred locations with better infrastructure and services (i.e. Activity Centres, Strategic Redevelopment Sites and along the Principal Public Transport Network), and more housing away from areas that have a special character to be protected (such as the Dandenong Foothills).

More detail about the Knox Housing Statement, indicators and targets is in Appendix A (circulated separately).



The Knox Housing Statement and Housing policy is currently being reviewed. In November 2011, Council resolved to undertake a comprehensive community engagement program that took a broader view on ‘liveability’ generally. This project came to be known as ‘Knox@50 – Our City Our Future’. The findings of Knox@50 will help inform the review of the Housing Statement and policy, called the ‘Housing Policy Review Project’. The Project Scope was adopted by Council at the 26 February 2013 Council meeting.

2. DISCUSSION

2.1 Number of dwellings approved significantly increased

In 2012, the total number of new dwellings that could be constructed under all permits approved is 1,224. This number is more than double any total recorded in any calendar year since the Housing Monitoring Program began.

Graph 1 below shows recent years:

The total includes a 236 dwelling approval in a nine storey apartment building on the corner of Stud Road and Burwood Highway in Wantirna South (Knox Central Principal Activity Centre) and 84 townhouses approved as part of the former Austral Bricks site development in Wantirna South. Even so, the number is unusually high.



Planning approvals do not necessarily result in development on the ground. Many factors influence if or when a planning permit is enacted, including but not limited to market forces, economics, and individual landowner’s choices. Planning permits can remain ‘live’ for two to four years, so it is important to be aware that there is usually a time-lag between the issue of a planning permit and eventual construction. In addition, not all planning permits result in dwellings actually being constructed. This occurs for a range of reasons, such as changes to design and requirements or speculative use of planning permits for the purpose of increasing land values.

Given recent trends in similar middle-outer municipalities across Melbourne, the high number in 2012 is likely due in part to land speculation. Already, in early 2013, the number and scale of planning permit applications has reduced, further suggesting that 2012 may have been an unusual year.

Whether the planning approvals will actually flow through to building on the ground will only be known in two to three years’ time.

The number of new rateable residential properties provides some indication of the rate at which new dwellings are actually being built compared to planning permits issued. In 2012 there were 422 new rateable residential properties in Knox. This is less than half of the total dwellings that could result from planning permits in 2012, which is fairly consistent with the numbers in recent years shown in Graph 1. However, given the time lag between planning permits and construction, this information more likely relates more to planning permits from 2-3 years ago.

2.2 The distribution (location) of approvals is positive

The Housing policy aims to direct more housing to preferred locations with better infrastructure and services (i.e. Activity Centres, Strategic Redevelopment Sites and along the PPTN), and more housing away from areas that have a special character to be protected (such as the Dandenong Foothills). More development in locations with good infrastructure and services contributes to sustainable urban growth. More people living closer to, for example, shops, jobs and community centres, or in locations where these can be easily accessed, can reduce car dependency. Less development in areas with neighbourhood character and environmental values helps, for example, to protect biodiversity, the landscapes and the suburban character that residents value. The overall trend for more approvals in Activity Centres and away from dispersed residential areas has grown stronger each year. Council’s current Housing policy is working by directing development into preferred locations.



Prior to the Knox Housing Statement being prepared and the Housing policy being implemented, only 2% of new dwellings were located in Activity Centres. The majority of new residential development was occurring in greenfield sites (42%), followed by dispersed areas (38%) and Strategic Redevelopment Sites/PPTN (18%) (data from 1996-2001). In 2012, 65% of dwellings from approvals were within Activity Centres, with 25% in dispersed areas and 10% in Strategic Redevelopment Sites/PPTN.

Graph 2 below shows this positive shift (See Appendix A, Table 2, page 11 for more detail, including total numbers):

Appendix B (circulated separately) maps the 2012 distribution of permit approvals. It shows a clustering of planning approvals within the four Major Activity Centres of Bayswater, Boronia, Mountain Gate and Stud Park (Rowville). Most of the larger scale permits are located in Boronia, with 15 apartment buildings approved. Five apartment buildings were approved for Bayswater and Stud Park, and one in Mountain Gate. The largest approval, a nine storey 236 apartment building, is located in the Knox Central Principal Activity Centre. This was the only approval for Knox Central in 2012; no planning permits were issued in 2010 or 2011 for this Centre.

There were few approvals in the Neighbourhood Activity Centres, with the exception of Knoxfield and Studfield (Wantirna South), where five applications were approved for each Centre. These were all for modest villa units and dual occupancies.

With the exception of the former Austral Bricks site in Wantirna South, there were few approvals for Strategic Redevelopment Sites or along the Principal Public Transport Network (PPTN).



Of the 312 dwellings from approvals in dispersed residential areas, the majority were concentrated in the older areas of Knox. These include areas of Bayswater and Boronia outside the activity centres, Knoxfield, and Wantirna and Wantirna South. Positively, the bulk of dwellings approved in dispersed areas were for dual occupancies and villa units that would result in one or two new dwellings.

The exception is a 16 dwelling townhouse development in Cathies Lane, Wantirna South, which is an unusually large block. The application was approved by VCAT after a Council refusal. No apartment buildings were approved in dispersed residential areas.

Approvals in the Dandenong Foothills totalled 74 new dwellings, or 6% of the overall total. While the overall number is fairly high, the majority of approvals were for single dwellings. Those in Rowville and Lysterfield are family homes being built on some of the last remaining vacant lots in original subdivisions, while others in The Basin, Boronia, Ferntree Gully and Upper Ferntree Gully are mainly old family homes being demolished and replaced with new detached family homes. Eleven of the 74 dwellings are part of a retirement village approval in Underwood Road, Ferntree Gully.

2.3 Housing choice and diversity is generally improving

The number of families with children in Knox is expected to increase slightly over the next 20 years. The number of lone person and couple only households are expected to increase substantially. The population overall is ageing, as the number of people at post-retirement age (65+) is forecast to double by 2031, and the ratio of over 55’s to increase from one person in every four in 2011 to 1:3 by 2031. A mix of small and large homes will therefore be needed to accommodate residents’ changing needs.

The dominant housing type in Knox is currently detached dwellings, at 87% of all stock (2011 Census data). The majority of these are 3+ bedrooms. In 2012, 2 bedroom dwellings made up 46% of all approvals, followed by 3 bedrooms (24%), 1 bedroom (19%) and 4+ bedrooms (11%). If built, these will contribute to improving housing choice and diversity.

The supply of smaller dwellings is concentrated largely in the northern suburbs of Bayswater and Boronia. Some approvals are located in the older parts of Knoxfield, Wantirna South, Ferntree Gully and Rowville. The dominance of new development in a few suburbs compared to others is reinforcing a ‘dwelling to household mismatch’ in some suburbs. If this trend continues, residents in suburbs such as Wantirna, Scoresby and Lysterfield, who wish to downsize to a smaller home as they age, or young people wishing to purchase their first home, may need to look outside their immediate local area. However, it is expected that applications will be lodged for land in parts of these suburbs as the natural turnover begins as housing stock ages.



A 2012 Council survey of residents living in villa units, townhouses and apartments showed that residents’ choice of home was most influenced by proximity to local services, affordability and size of home. This also came through strongly through Knox@50, with the ability to ‘live locally’ – live, work, and recreate locally – being important. A diversity of housing was also recognised, but the design of different types of housing need to be sympathetic to the character of neighbourhoods.

A 2011 report commissioned by Council to assess the performance of Council’s Environmentally Sustainable Design (ESD) advice and assessment program for applications in Knox found that it is working well. Residential applications of 3+ dwellings and all mixed use developments are required to complete a Sustainable Design Assessment and include sustainable design features.

The program is achieving clear environment benefits that provide measurable reductions in Knox’s environmental footprint. It is also successfully engaging with designers in and around Knox to deliver greener, more sustainable buildings. Specifically, calculations found that the residential applications complying with sustainable design measures in 2011 would save approximately 600 tonnes of carbon dioxide emissions and 75,620 kilolitres of water every year for the life of the dwellings (Appendix A includes more detail).

2.4 Housing affordability is mixed

While many factors that influence housing affordability are beyond the control of local government, there are actions that can be taken by Councils. These are outlined in the Knox Affordable Housing Action Plan 2007-2012. For example, Council can set land use policies supporting a mix of dwelling types and sizes, and advocate to and build partnerships with the State and Commonwealth Governments, other social housing providers and private developers to increase the supply of social housing in Knox.

Smaller dwellings can be assumed to generally be more affordable relative to larger dwellings on large blocks. In this sense, the larger number of one and two bedroom dwelling approvals can be assumed to increase the supply of more affordable housing options. Given that the majority of smaller dwellings are locating in Activity Centres, close to services and infrastructure, they are also providing more affordable living options, i.e. they provide the option of walking and public transport use, reducing car usage and therefore travel costs, and smaller dwellings generally have lower heating and cooling costs.



No social housing projects were approved in 2012. This is particularly concerning given the growing need for Knox residents to access such housing. Research has revealed that to 2030, 700 new social housing dwellings are required to meet the needs of low-income, non-home owning Knox residents (‘Defining affordable housing and a minimum supply of social housing in Knox’, 2011). If the need is to be met within a reasonable, five-year timeframe, it equates to 95 social housing dwellings per annum from 2010-2015, then 15 social housing dwellings per year thereafter to 2030.

The Planning Scheme can only encourage the provision of social housing. There is currently no means of specifying provision of social housing in the Planning Scheme. It can be negotiated during the process of amending the Planning Scheme to rezone land for residential use (e.g. the Austral Bricks site on Stud Road). Negotiations such as this also need a willing social housing provider – either the Office of Housing or a Registered Housing Association.

2.5 Public transport improvements

There were no significant improvements to public transport infrastructure in 2012. There were minor improvements to some bus and train timetables resulting in better connections between modes for passengers.

2.6 Community values and concerns

While the numbers demonstrate that the Housing policy is technically working, there is community concern about the location, scale and associated impacts on local liveability, particularly around the Boronia and Stud Park (Rowville) Activity Centres and more recently, Mountain Gate. Community concern led to the adopted Stud Park Structure Plan being subject to a review and the Mountain Gate Structure Plan being abandoned in June 2011.

Similarly, despite the majority of recent approvals in dispersed residential areas being for smaller villa unit and dual occupancy developments, community feedback from Knox@50 and responses from some permit applications is clear in seeking better quality and more sustainable dwellings that contribute more positively to local neighbourhoods.

In 2012, 44 of the 288 residential applications were decided by VCAT (15%). Fifty-five percent of these 44 Council decisions were overturned by VCAT (8% of the total of all Council decisions on residential applications). The majority of appeals were in Boronia (48%), followed by Bayswater and Rowville (both 12%). Most appeals were by applicants seeking to overturn Council’s refusal of their application (77%).



2.7 Housing Policy Review Project

There is clearly a mismatch between the aspirations of the community and how the Housing policy is playing out on the ground. The Housing Policy Review Project has recently re-commenced following the completion of Knox@50.

The Project will seek to address these issues, drawing on community feedback from objections to applications, the resident housing survey and Knox@50. It will review the Knox Housing Statement and result in a revised Housing policy, new Design Guidelines and planning policies and controls. An important part of the Housing Policy Review is to strengthen how the Housing principles are implemented, so that the look and feel of neighbourhoods and streets is acknowledged, which was a strong theme through Knox@50.

3. CONSULTATION

This report has been prepared in consultation with the City Planning, Social Planning, Transport and Information Management teams in Council to collate the required data and prepare the maps and tables.

The findings of the Housing Policy Monitoring and Review Program have been considered by the Housing Advisory Committee. No specific community consultation was undertaken.


There are no direct environmental or amenity issues associated with this report; however the related Housing Policy Review Project will seek to address residents’ concerns about the impact of residential development on neighbourhood amenity and character. It will strengthen Council’s approach to striking a balance between residential development that meets the diverse needs of the community, and protecting environmental and neighbourhood character values.


There are no direct financial or economic implications of this report. The Housing Monitoring and Review Program was completed within the existing 2012/13 budget.


There are no direct social implications of this report; however the Housing Policy Review Project will seek to, where possible, address residents’ concerns about social issues such as the availability of affordable and accessible housing.



7. RELEVANCE TO COUNCIL PLAN

This report shows that Council is partially achieving the objectives of the Council Plan 2009-13 in relation to housing. In particular:

• Healthy, connected communities (e.g. supporting housing diversity).

• Sustainable natural environment (e.g. protecting special environmental areas).

• Attractive and vibrant places (e.g. supporting housing around Activity Centres).

• A prosperous, modern economy (e.g. supporting housing close to jobs).

• A well governed and leading organisation (e.g. monitoring high level policy to inform its review and improvement).

The concerns identified in the report will be addressed by the Housing Policy Review Project which is a priority action of the Council Plan.

8. CONCLUSION

This report summarises the findings of the fifth annual Housing Monitoring and Review Program for the 2012 calendar year. The results show that an unusually high number of dwellings could be provided from planning permits approved in 2012 if they were all enacted. However, it is likely that the high number is due in part to land speculation and may not flow through to new dwellings on the ground.

In terms of housing distribution, the Housing policy is being influential, with the majority of new approvals located in Activity Centres and away from dispersed residential areas. All apartment approvals were within Activity Centres; the majority in the Boronia Major Activity Centre. Approvals outside Centres were mainly villa units and dual occupancies. There has been an increase in the number of approvals in the Dandenong Foothills, however the majority of these were for single dwellings as some of the last remaining vacant lots are built on and older homes are replaced by new detached family dwellings.

Continuing a recent trend, two bedroom dwelling approvals were the predominant size. Given the large number of apartment approvals, the number of one bedroom approvals also increased. While these improve housing choice and diversity across Knox, the concentration in a few areas can perpetuate a ‘dwelling to household mismatch’ in other areas. Smaller dwellings can also contribute to affordability; however given that no social housing developments were approved in 2012, the lack of options for Knox residents with low incomes is an ongoing concern.



While the numbers show that Council’s current Housing policy is working, there is community concern about the quality of development generally and scale of change in some areas. Phase 2 of the Knox@50 project (Council’s recently completed community engagement program) is the Housing Policy Review Project. This Project aims to refine the content of the Housing policy to better reflect the aspirations of the Knox community and improve results ‘on the ground’. The findings of the Housing Monitoring Program will be a key input into the Review.

9. CONFIDENTIALITY


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

That Council note the fifth Housing Monitoring and Review Program Annual Report, March 2013 (Appendix A).

PROCEDURAL MOTION

MOVED: CR. PEARCE SECONDED: CR. SEYMOUR

That Councillor Cooper be permitted an extension of time to speak under Clause 47 of the Meeting Procedure and Use of Common Seal Local Law 2008. CARRIED THE MOTION WAS CARRIED


COUNCILLOR COOPER VACATED THE CHAMBER AT 8.27PM DURING DISCUSSION ON ITEM 7.7

ALL WARDS

7.7 KNOX CITY COUNCIL SUBMISSION TO STATE GOVERNMENT’S METROPOLITAN PLANNING STRATEGY DISCUSSION PAPER

SUMMARY: Senior Strategic Planner (Monique Reinehr)

The State Government has released a Discussion Paper titled “Melbourne, let’s talk about the future” and is seeking feedback on this to assist in developing Melbourne’s next Metropolitan Planning Strategy (MPS). Council officers have prepared a draft submission in response to the Discussion Paper on behalf of Knox City Council. This report outlines both the Discussion Paper and the contents of Knox’s submission prepared for Council’s consideration. The submission addresses issues regarding the need for improved community and Council engagement; suggestions for the structure of the draft MPS; specific comments to the Discussion Paper (including responses to the questions posed); and, important aspects that Knox would like addressed within the draft MPS.

RECOMMENDATION

That Council endorse the draft submission to the Metropolitan Planning Strategy Discussion Paper as shown at Appendix A and forward same to the Department of Planning and Community Development.

1. INTRODUCTION

In October 2012 the State Government released a Discussion Paper – “Melbourne, let’s talk about the future” to prompt debate about the challenges and ideas for Melbourne’s future, which will inform the development of a new Metropolitan Planning Strategy (MPS).

This report covers: the reason behind having a MPS; the process the State Government is following to develop the MPS; the State Government’s Discussion Paper; and, Knox’s proposed response submission to the Discussion Paper.

A draft of the Knox submission was presented to the 12 March 2013 Council Issues Briefing session. In response to this session, amendments have been made to the submission to reflect the changes sought by Councillors. The revised submission is included as Appendix A (circulated separately).


7.7 KCC Submission to State Government’s Metropolitan Planning Strategy (cont’d)

2. DISCUSSION

2.1 The Purpose of a Metropolitan Planning Strategy

An MPS is a strategic plan for the future of Melbourne to guide and help manage the change that the city is facing. In accordance with this, the new Melbourne MPS is proposed to outline how growth and development of metropolitan Melbourne will be guided and managed over the next 30 to 40 years.

The stated aims of the new Melbourne MPS are:

• “To build on Melbourne’s strengths and character;

• To guide decisions about development, infrastructure and investment;

• To ensure communities, businesses and councils in Melbourne and regional Victoria can make informed decisions about their future; and

• To provide tools and systems to make it easier to make responsible planning decisions.”

The Discussion Paper states that the MPS is to be developed through “...extensive community engagement. It will be informed by rigorous research and evaluation into future trends, the drivers of growth and change and the type of infrastructure and services required in the future.”

It is the intention that the MPS not be simply a land use and integrated transport document, rather that it be designed to go further, by focusing on the economic, social, environmental and built form character of Melbourne.

The new MPS will replace the current MPS which is Melbourne 2030 – Planning for Sustainable Growth (2002).

2.2 Process for developing the Metropolitan Planning Strategy

The State Government has established a five-stage process for developing and implementing the MPS. This process commenced in 2011 and is scheduled to finish in late 2013 with the release of the final MPS.

Stage 1 involved the project’s establishment and research.

Stage 2 covered the development of strategic principles to guide development of the Strategy. The strategic principles cover the topics of:

• Social and economic participation;

• A globally connected and competitive city;



• Strong communities;

• Environmental resilience;

• Melbourne’s distinctiveness;

• Leadership and partnerships;

• Regional Cities and polycentric city model;

• Living and working locally – A ’20 minute’ city; and

• Infrastructure investment supporting the growth of the city.

Stage 3 is the Discussion Paper. The Discussion Paper was released in October 2012. The closing date for comments is 28 March 2013.

While the Discussion Paper is out for public submissions, it was not actively advertised to the broader community until late February 2013. In February 2013 the State Government released an MPS Conversation Toolkit to assist those looking to make a submission and released information on a large community event to be held on 2 March 2013. In late February the State Government also updated its MPS website, ran some advertisements and created an online survey.

Council has had details of the MPS and the Discussion Paper on its website since November 2012. Council has also written to all those involved and registered as part of Knox@50 via a letter from the Mayor urging people to consider making a submission. This letter was sent to approximately 850 persons. Council also included a link to the MPS online survey via Knox Twitter and Facebook on 5 March 2013.

Stage 4, which is due to commence in mid 2013, will involve the release of the draft MPS and a revised Background Report for comment, with Stage 5 being the release of a final MPS and Background Report in late 2013. This will include changes to the State Planning Policy Framework, which forms part of all planning schemes in Victoria.

2.3 Overview of Discussion Paper

The intention of the Discussion Paper is to prompt debate and help inform the development of the draft MPS.

Based on how the Discussion Paper is written it is difficult to summarise what the key theme or vision of the Strategy is likely to be. However, there are three themes which stand out:

• A ‘polycentric city’, rather than an ‘activity centre’ city, whereby the focus will be based on a small number of employment/innovation clusters and service centres linked to regional cities;



• Living locally - a ‘20 minute’ city where local areas are accessible, safe, convenient and attractive where daily needs can be met within 20 minutes of travel and where there are good local employment opportunities and local services to support healthy, liveable and more inclusive places; and

• Making it happen – Infrastructure investment and Leadership and Partnerships to be given more prominence over a reliance on regulation.

The Discussion Paper is based on the following nine Principles:

2.3.1 What we want to achieve? • Principle 1: A distinctive Melbourne.

• Principle 2: A globally connected and competitive city.

• Principle 3: Social and economic participation.

• Principle 4: Strong communities.

• Principle 5: Environmental resilience.

2.3.2 What needs to change? • Principle 6: A polycentric city linked to regional cities.

• Principle 7: Living locally – a ’20 minute’ city.

2.3.3 Making it happen • Principle 8: Infrastructure investment that supports city growth.

• Principle 9: Leadership and partnerships.

In seeking feedback on the Discussion Paper, specific questions are asked on the suggested Principles and how to make it happen.

2.4 Summary of Knox City Council’s submission

The submission prepared on behalf of Council covers the topics of: key messages; community engagement; structure; and, content. It also addresses the specific questions raised in the Discussion Paper.

Included as Appendix A is a copy of Knox’s submission to the Discussion Paper. Some of the main matters raised in the submission are detailed below.

2.4.1 Knox’s Key Messages

Under this section of the submission it highlights the challenges for the next stage of the MPS process (draft MPS); what is important to Knox; Knox’s strengths and opportunities that the MPS should address; and what the Knox@50: Our City Our Future community engagement project told us is important to the community.



2.4.2 Community Engagement

The Discussion Paper acknowledges the importance of Local Government and community feedback and ownership. However until very recently, it is considered that State Government engagement with the broader community has not been effective or adequate. As such Council’s draft submission highlights the need for a greater focus on this in the next stage of the process.

Without a substantial change to how the MPS is being developed, that includes effective engagement with the broader community and stakeholders, the MPS may be seen as a plan imposed from above and as such, is likely to have little or no community ownership.

2.4.3 Structure

The Knox City Council submission makes suggestions regarding the structure for the proposed draft MPS and how it should be aligned with other long term strategies/plans for Melbourne.

The submission also covers such matters as being much clearer that the MPS reads like it is the transport plan for Melbourne however this is not made clear.

2.4.4 Content & Response to specific questions raised

The draft submission attached provides comment on the content of the Discussion Paper (both general and specific to Knox) and the specific questions raised in the Discussion Paper.

Some of the points raised in the submission include:

• Infrastructure (social and physical) planning and delivery will be crucial to the success of MPS;

• Rowville Rail and Knox tram extension should be recognised and supported;

• Greater focus should be placed on social and economic participation in both the ‘commercial’ and ‘non-commercial’ making of Melbourne;

• Support local planning at the local level;

• Scoresby-Rowville Employment Precinct, Bayswater Industrial & Activity Centre Precinct, Knox Central Principal Activity Centre and Wantirna’s emerging health services precinct should be recognised and supported;

• Acknowledge the custodial role governments have in protecting the natural environment; and

• A genuine partnership between State and Local Government is required.



3. CONSULTATION

The draft submission was developed in consultation with the following departments:

• Biodiversity;

• City Futures;

• City Planning & Building;

• Community Access & Equity;

• Corporate Planning & Performance;

• Knox Central;

• Preventative Health Partnership;

• Social Policy & Planning; and

• Transport & Traffic.

Information obtained through Knox@50: Our City Our Future community engagement program has provided important and current information to assist in the development of the draft submission.

Officers and the Mayor have attended various workshops and briefings on the Discussion Paper and MPS.

Councillors were advised and provided with a copy of the Discussion Paper on 1 November 2012, while Knox’s draft submission was discussed at the Council’s Issues Briefing meeting on 12 March 2013.

It is noted that the following groups (which Council is a member of) are also making submissions to the Discussion Paper: Municipal Association of Victoria, Melbourne East Regional Development Australia and Water Sensitive Cities.

In addition to the Knox City Council submission, officers have been working with other eastern metropolitan Councils to provide a regional submission. Councillors have been invited to provide input into the regional submission, prior to the final draft being presented to a meeting of the Eastern Region Mayors and CEO’s Forum on 28 March 2013.

The matter was also discussed with Knox’s Environment Advisory Committee (EAC) who provided advice on the matter. This advice will be used at the draft MSP stage. EAC and Knox’s other Advisory Committees will be consulted on the draft MPS and given the opportunity to provide input into Council’s submission on the draft.




The MPS will have implications for both the environment and amenity of Knox. As such it is important that Council and the Knox community have a real say in the development of this strategic document.

Accordingly, it is important that State Government undertake a comprehensive engagement program in combination with the release of the draft MPS.


There may be some financial costs for Knox in ensuring the Knox community is effectively communicated with on the upcoming stages of the MPS’s development. These costs are expected to be managed within existing resources.

It is likely there will be resource implications associated with changes to the Planning Scheme and what they might mean for Knox. The details of this are unknown at this time.


There will be social implications associated with how Melbourne progresses over the next 30 to 40 years for the Knox community. As such, it is important that Knox and its community actively engages in the debate and are included in the development of the MPS, so that it reflects and supports the needs and aspirations of this community.


Principles 2 to 5 are generally consistent with the following themes within the Council Plan, while Principle 1 is not as specifically relevant:

• Healthy, connected communities;

• Culturally rich and active communities;

• Accessible transport choices;

• Sustainable and natural environment;

• Attractive and vibrant places;

• A prosperous and modern economy; and

• A well governed & leading organisation.



8. CONCLUSION

This report provides an overview of the MPS Discussion Paper, the purpose of which is to prompt debate and discussion to assist with development of the MPS and to ensure broad ownership of it. This report also provides an overview of Knox City Council’s submission on the Discussion Paper.

9. CONFIDENTIALITY

There are no matters of a confidential nature associated with this report. COUNCIL RESOLUTION MOVED: CR. LOCKWOOD SECONDED: CR. COSSARI

That Council endorse the draft submission to the Metropolitan Planning Strategy Discussion Paper as shown at Appendix A and forward same to the Department of Planning and Community Development. CARRIED


COUNCILLOR COOPER RETURNED TO THE CHAMBER AT 8.31PM DURING DISCUSSION ON ITEM 7.8

ALL WARDS

7.8 KNOX MUNICIPAL EMERGENCY MANAGEMENT PLAN

SUMMARY: Manager – City Safety & Health (Steven Dickson)

Under the Emergency Management Act 1986 and in line with the Emergency Management Manual of Victoria (EMMV), Council in partnership with relevant agencies has a legislative responsibility to establish a Municipal Emergency Management Planning Committee (MEMPC) to facilitate the development and maintenance of the Municipal Emergency Management Plan (MEMP). This report presents the MEMP (Updated February 2013) for Council’s endorsement.

RECOMMENDATION

That Council:

1. Receives and endorses the Knox Municipal Emergency Management Plan and relevant sub-plans, shown as Appendix A to this report.

2. Authorise the Director, City Development to make minor changes to the MEMP that may be identified through the audit of the MEMP by VICSES, and where the changes do not affect the purpose or intent of the Plan.

1. INTRODUCTION

Emergency management in Victoria is governed by key pieces of legislation that set out compulsory emergency management roles and responsibilities for local government under the Emergency Management Act 1986 (the Act).

Additionally, the EMMV has been issued by the Minister for Police and Emergency Services. It consolidates the principal planning and policy documents for emergency management in Victoria into a single publication.

As outlined in the Act each Municipal Emergency Management Plan (MEMP) must be audited by the State Emergency Service at least every 3 years to ensure that the Plan complies with guidelines. The Knox MEMP is due for audit by April 2013 and significant administrative and operational processes have been undertaken to meet this audit.

2. DISCUSSION

2.1 Emergency Management Planning Planning for, and management of, emergencies is a shared responsibility involving many people and organisations in the community. However some organisations have specialist roles in dealing with specific emergencies.


7.8 Knox Municipal Emergency Management Plan (cont’d)

Municipal emergency management planning involves the identification and documentation of the overall multi-agency arrangements in place for the prevention of, response to, and recovery from emergencies that affect the municipal district. The planning process can be seen as a series of steps that result in the development, maintenance and refinement of an emergency management plan. The figure below illustrates the continuous nature of the planning process and identifies its main steps.



Victorian local government have undertaken varying structural approaches to emergency management, depending on their specific needs and risk profiles. Knox City Council’s approach to emergency management is a cross-organisational one that involves people from across the council. Emergency Management in Knox has support from management and three staff, who have diverse skills and knowledge of emergency management.

The following diagram shows the emergency management planning structure, including legislation, council and audit requirements.

2.2 Key changes to the role of Emergency Management Emergency Management practices at Knox have been guided by legislation and guidelines in addition to learnings from various international, national, state-wide and local emergency incidents. Over the past 3 years new initiatives have required Council to manage a number of newly developed committees and activities including: • The Municipal Fire Management Planning Committee; • The Flood Emergency Response Committee; • The Recovery Committee; • Administration of the Vulnerable Persons Register, • Review and maintenance of the Vulnerable Persons Agency List; and • Participation in regional emergency relief including training for staff and

annual exercises.



2.3 MEMP Audit Process

Under legislation, Knox is due for an audit of its MEMP in April 2013.

Through this audit process Council must ensure that all emergency management practices are in order and provide a comprehensive evidence guide which is reviewed by an external auditor.

To ensure that Council meets audit requirements there are a number of objectives that have been achieved to ensure a positive audit outcome.

One of the key audit requirements of the plan is to undertake a Community Emergency Risk Assessment (CERA) process. This is currently being undertaken in conjunction with VICSES and the Municipal Emergency Management Planning Committee.

As part of the audit process the Terms of Reference of the Municipal Emergency Management Planning Committee was endorsed by Council in February 2013.

The Municipal Emergency Management Planning Committee has reviewed the MEMP to improve the format of the document and to ensure that the contents are relevant and up to date. The final draft of the MEMP (including Sub-plans and the CERA) has been endorsed by the Municipal Emergency Management Planning Committee and is now presented for consideration by Council (see Appendix A circulated separately).

3. CONSULTATION

Stakeholder participation is an integral part of Emergency Management Planning.

Key stakeholders are identified as part of the Knox Emergency Management Planning process and are regularly consulted ensuring appropriate and relevant representation from agencies and organisations. Each agency or organisation individually represent the community through their own engagement strategies as detailed in the MEMP.

The Municipal Emergency Management Planning Committee has a key role in community engagement and education and regularly engages with the community on emergency management and emergency planning issues at festivals and events, community education programs and recent community engagement surveys.

The MEMP is accessible on line for comment and feedback and being a dynamic plan is reviewed and updated regularly.




Planning in emergency management is undertaken with regard to environmental and amenity issues.

The Knox Flood Emergency Plan and the Knox Municipal Fire Management Plan identify a diverse range of environments vulnerable to all types of fire hazard and flood hazard and include mitigation and protection actions ensuring a balance between community safety and protection of the environment.


Council currently allocates resources to support a number of Emergency Management activities and programs within the annual Council budget and Long Term Financial Plan. In addition, Council officers continue to seek opportunities for external funding and partnerships to support areas of need.

A recent review of emergency management resource requirements has found that Council planning and response in emergency management will continue to place additional demands upon Council budgets into the future.


Emergency management is increasingly being seen as a subset of a wider community safety process, which itself is an element of an overarching commitment to community wellbeing.

Effective emergency management within the community safety context is not just about preparing response and recovery plans, but also about building strong and healthy communities. Communities which are well prepared for emergencies are also likely to cope much better with other threats to their wellbeing.


Council’s role in Emergency Management is aligned with the broader strategic objectives identified in the Council Plan 2009-2013 (2010 update). In particular:

• Community Wellbeing

To improve the health and wellbeing of the Knox community and support opportunities for community members to participate in a vibrant community life.

• Sustainable Natural Environment:

To protect and enhance the natural environment and reduce our environmental footprint.



8. CONCLUSION

Planning in Emergency Management at Knox is constantly evolving to meet changes in legislative requirements and the needs of the Knox community ensuring a safe and supported community before, during and after a major community emergency.

The Knox Municipal Emergency Management Planning Committee and all stakeholders take pride in the achievements of this planning process and the positive outcomes that have been achieved during major emergencies that have impacted the Knox and neighbouring communities.

The MEMP is a comprehensive and effective document which assists Council meet its emergency management legislative and operational requirements. It is recommended that Council endorse the current MEMP as attached to this report.

9. CONFIDENTIALITY


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

That Council:

1. Receives and endorses the Knox Municipal Emergency Management Plan and relevant sub-plans, shown as Appendix A to this report.

2. Authorise the Director, City Development to make minor changes to the MEMP that may be identified through the audit of the MEMP by VICSES, and where the changes do not affect the purpose or intent of the Plan.

CARRIED

192 COUNCIL 26 March 2013

8. PUBLIC QUESTION TIME

Following the completion of business relating to Item 7, City Development, the business before the Council Meeting was deferred to consider questions submitted by the public. Question Time commenced at 8.33pm. The following questions were raised with Council:

Question 1 With the vacation of the buildings at Lot 2 54 Kingloch Pde Wantirna formally the Wantirna Heights School for Autism, has the member for Collier Ward approached any parliamentary member as to what will become of this Public Zoned site in the future?

It is hoped that Council was aware that the site Lot 2 54 Kingloch Pde is a public zone site near a minor activity centre would become vacant. Has council prepared any future planning of this site with the knowledge and experience it has had in the past years in the development of lot 1 of the same site when meeting the needs of the people and infrastructure requirements of this site in Collier ward?

Answer Councillor Cossari responded that he had raised this matter with the Chief Executive Officer.

The Director - City Development, Mr Angelo Kourambas responded in the negative.

Question 2 The Rowville Hawks Junior Football Club Inc request that Council confirm their Council plan objectives, that Councils actions support the nurturing and development of families, children and young people.

Council has the ability to demonstrate this commitment by reassigning the seasonal tenancy agreement of the Eildon Park Reserve and Pavilion to the Rowville Hawks Junior Football Club Inc in 2013, as Council has done for many years and secure the rights of Families and Children in having a say in accessing community assets.

We respectfully ask each Councillor to verify their commitment to preserving the rights of Families and Children by supporting the assignment of the seasonal Tenancy Agreement for the Eildon Park Reserve and Pavilion in 2013 to Rowville Junior Football Club Inc.


8. Public Question Time (cont’d)

Answer (Question 2)

The Chief Executive Officer, Mr Graeme Emonson responded that Council has a policy which governs the allocation of sporting grounds on a seasonal basis. With respect to the matter raised by the questioner, Council is attempting to verify team numbers for the 2013 season and it is anticipated that a decision will be made by 2 April 2013.

Question 3 Re: Gravillia Grove: The Evergreen Estate – formally (sic) 84 Cathies Lane, Wantirna South 3152

With regards to the services (water, gas, electricity), what has the developer done to ensure that what was originally set up for 18 lots at Gravillia Grove, will be sufficiently adequate for the now extension to 25 lots at Gravillia Grove? Will the services be able to service this extra number of houses, with no loss or poor performance to the houses already setting up?

Furthermore, will service needs to the extra housing in any way cause loss of service to anyone else in the street, or more importantly, to those in its immediate vicinity?

Answer As the questioner was not present, a written reply will be provided.

Question 4 To all Councillors who voted to approve the Mirvac housing development known as Harcrest at the old Scoresby brickworks site in Stud Rd.:

1. Are you pleased with Harcrest’s Stud Rd. presentation of box-like houses, with depressing uniformity, crowded on top of each other in an apparent attempt to squeeze in as many houses as possible, regardless of their impact on the overall character of our once beautiful city of Knox?

2. If Council is really so concerned about providing “affordable housing”, why did Council approve Mirvac’s request to change the postcode of the brickwork’s housing site – now known as Harcrest – from Scoresby to Wantirna South, thereby increasing the cost of every individual house by at least $55,000?



Answer (Question 4)

Councillor Cooper responded that the development of the site was subject to extensive consultation with the developers and also with residents surrounding the site. This included consultation with regard to the diversity of housing on the site and also the appropriate placement of properties within the site. The higher density properties along Stud Road were purposefully sited to reduce noise (from Stud Rd). Councillor Cooper advised that the questioner was not the only person to have made comment regarding the appearance of the multi-storey development along Stud Road. Whilst he acknowledged the questioners view, he advised that over time housing styles change as do the preferences of buyers. He also noted that once the landscaping was completed along Stud Road, the visual impact of the properties will be reduced.

The Chief Executive Officer, Mr Graeme Emonson responded that a range of factors had been considered in regards to the placement of the suburb boundary. Initially the boundary was running through the site and was re-established so as not to truncate the residential development. Mr Emonson further advised that he could not confirm the questioner’s assertion regarding the impact of property values.

Question 5 We respectfully ask that as there has been an oversight with regards to the Conditions of Sale for Lot 2 Le John Street, Rowville (old CFA Station) is Council now willing to rectify this matter as the Section 32 documents are due to be prepared.

Answer Councillor Pearce responded that he intended to raise an item of urgent business at this evening’s meeting to rectify this issue.

Question 6 “Protecting Scarce Resources & Save taxpayer/council funds” Is Knox able to investigate current damage to Bus Shelters and replace damaged Glass with a non destructible material ie: concrete/mesh



Answer (Question 6)

Mayor, Councillor Karin Orpen responded that this was an issue dear to her heart and advised that the contract for bus shelters was managed by the State Government.

The Director - Engineering and Infrastructure, Dr Ian Bell responded that bus shelters are the property of the Department of Infrastructure and that Adshell manage the bus shelter maintenance on behalf of the State Government. The maintenance and replacement of bus shelters is effectively paid through advertising. Where an ongoing issue is detected in relation to vandalism, glass can be replaced with a fine mesh. Dr Bell indicated that he would be happy to pass on the concerns of the questioner to the Department of Infrastructure and take up this matter with local Members of Parliament.

Question 7 (a) Has Council identified any projects which could be funded by EPA penalties imposed under Section 67 of the EPA Act 1970?

(b) Can Council comment on outstanding landscape compliance matters at 1273 Wellington Rd Lysterfield and outstanding weed management issues at Waterford Valley Golf Course?

Answer (a) The Director - Engineering and Infrastructure, Dr Ian Bell responded that he would take the question on notice with regard to following up the Environment Protection Authority and look at a potential list of projects that would be appropriate for the Inspiring Environmental Solutions program.

(b) The Director - City Development, Mr Angelo Kourambas responded that he would take the question on notice and gave an undertaking to have the two sites investigated with a response back to the questioner.

Question 8 “Knox Private Hospital” staff parking on Boronia Rd up to 70 cars – both side all day!

How many spaces (staff) did Knox require in the original application?

How will Council rectify this problem?



Answer (Question 8)

The Director - City Development, Mr Angelo Kourambas responded that whilst he was not aware of the actual number of car parking spaces that were provided as part of the redevelopment of the Knox Hospital, it would have complied with the relevant planning provisions. Mr Kourambas also advised that he and the CEO had met with representatives of the hospital regarding a number of issues including that raised by the questioner. Mr Kourambas also advised that VicRoads is considering the placement of parking restrictions along the section of Boronia Road highlighted by the questioner.

Question 9 Given the fact that the Knox Council actively promotes the planting of native and indigenous species, how can the council justify its decision to plant non-native, Callery pear trees in Lakeside Blvd as replacements for gum trees destroyed in the councils tree removal program?

Answer The Director - Engineering and Infrastructure, Dr Ian Bell responded there was no doubt the removal of the trees had generated significant feeling within community. Dr Bell explained the rationale behind the selection of plants offered in replacement of those removed, noting the experience in Australia in relation to the use of the ornamental pear was significantly different to that in North America, mainly due to climatic conditions. Dr Bell also noted that Council is one of the more proactive Councils with regard to the planting of native trees noting that of the 165,000 plants planted in 2012, approximately 140,000 were indigenous.

Question Time Concluded at 9.10pm.

197 COUNCIL – ENGINEERING & INFRASTRUCTURE 26 March 2013

ALL WARDS

9.1 REVIEW OF KNOX ROAD MANAGEMENT PLAN

SUMMARY: Manager – Sustainable Infrastructure (Craig Dinsdale)

The Road Management Act was introduced in 2004 as a means to ensure Road Authorities managed their road networks in a more proactive and responsible manner. Road Management Plans provide Road Authorities with a policy defence for the management practices of inspection, maintenance and repair of their road networks. Following the recent Council elections, the current Road Management Plan is required to be formally reviewed in accordance with the Road Management (General) Regulations (2005). As detailed in the Regulations, Council must provide the community with an opportunity to consider and present submissions on the review of the Road Management Plan. This report seeks a resolution from Council to make available an opportunity for the community to present submissions in person to Council as per Section 223 of the Local Government Act (1989).

RECOMMENDATION

That Council

1. provide public notice of its intention to review Council’s Road Management Plan in both the Government Gazette and local daily circulating newspapers and advise that the community can provide submissions on the review;

2. receive submissions from the community over a period of no less than 28 days as per Section 223 of the Local Government Act (1989) and the Road Management (General) Regulations (2005);

3. make provision for the community to present submissions in person regarding the review of the Road Management Plan in accordance with Section 233 of the Local Government Act (1989);

4. nominate a committee of two Councillors comprising Councillor _______________ and Councillor _____________ to hear resident submissions made in person regarding the review of the Road Management Plan;

5. allocate 28 May 2013 commencing at 5:30pm to hear community submissions regarding the Road Management Plan; and

6. receive the findings of the public submission hearing as part of the final report considering the review of the Road Management Plan.


9.1 Review of Knox Road Management Plan (cont’d)

1. INTRODUCTION

The Knox Road Management Plan sets out Council’s methodology for inspection, maintenance and repair of its roads and road related assets. Furthermore, the Road Management Plan forms the basis of Council’s policy defence position with regard to its road and road related assets in accordance with the Road Management Act (2004).

Under Section 39(4) of the Road Management Act (2004):

“A road authority is said to have made a policy or policy decision relating to a road management function if the road authority has made a road management plan that includes provisions relating to the performance of that road management function.”

The development and adoption of a Road Management Plan is therefore considered to be critical to the establishment of a policy defence against civil liability claims associated with Council’s management of its road network.

With the recent Council elections now completed, all Road Authorities which are municipal councils are required to review their current Plan and produce a report summarising the findings and conclusions of the review. The Regulations also make provision for the community to comment on the review. The review is required to be completed by 30 June 2013 with the findings reported to Council.

As part of the final report to Council, recommendations may be presented for potential amendments to the Plan. The amending of the Road Management Plan is a separate legislative process to the review, which is documented in the Road Management (General) Regulations (2005), and can occur at any time.

2. DISCUSSION

The review aims to assess key principles within Council’s existing Road Management Plan with a focus on reasonableness and deliverability. The review will cover:

• Council’s Public Road Register;

• legislative compliance under the Road Management Act (2004);

• suitability of inspection frequencies and service level standards;

• Council’s risk assessment process;

• demarcation of maintenance responsibilities with other Rail and Road Authorities;

• customer satisfaction and community feedback;

• relevant recommendations from strategies, plans and audits; and

• road and path hierarchies within Knox.



It should be noted that Council has a statutory duty to inspect, maintain and repair public roads to the service standard specified in the Road Management Plan. It is the intention of this review to assess Council’s ability to meet these service standards within the confines of funding and resource availability. In the event that Council may not be in a position to comply with its Plan, the review provides an opportunity to identify recommendations to amend the current Plan to reflect a reasonable level of service that can be achieved within current resources.

Council’s current Road Management Plan has been in operation since November 2004. It was reviewed and amended in September 2006, reviewed again in 2009 and amended in 2010.

3. CONSULTATION

The consultation process for the Road Management Plan Review has been clearly documented within the Road Management (General) Regulations (2005). The details below provide a summary of the process to be undertaken to satisfy the Regulations.

• Publish public notices of Council’s intention to review its Road Management Plan in the Government Gazette and local daily circulating newspapers.

o Within these public notices, advise the community as to the purpose of the review, the road classes to which the Plan applies and where a copy of the Plan can be obtained.

o Advise of the commencement date of the 28 day public submission period during which the community may forward submissions regarding the review of Council’s Road Management Plan.

• As per Section 223 of the Local Government Act (1989) allocate a date for a committee of two Councillors to hear public submissions from those residents who wish to present their comments in person.

• Collate and report the findings from the public submissions as part of the final report to Council.



By making the Road Management Plan (2010 revision) available for public comment, Council will fulfil its obligations under the Road Management (General) Regulations (2005) and ensure that Council’s road management policies are effectively communicated to the community. This process is considered to be good governance practice, demonstrates transparency in the review methodology and presents the residents of Knox with an opportunity to comment on the way their road infrastructure assets are managed.


There are no environmental or amenity issues associated with the public submission process of the Road Management Plan Review.


It is anticipated that Council will incur a cost of approximately $500 - $1000 in the advertisement of the public notices and gazettal of the Road Management Plan Review. These costs, along with the administration of the public submission process, have been incorporated as part of the Sustainable Infrastructure Department’s 2012/13 Business Plan with resources being provided accordingly.


The road network has an impact on all community groups whether it is providing connection to communities so they can meet and interact, or economic benefits. The legislated review of the Road Management Plan recognises the importance of the community’s input and seeks to create an opportunity for residents to participate in the assessment of the appropriateness of the Road Management Plan.


The Council Plan 2009-13 is Knox’s key corporate document that supports the achievement of the Knox Vision 2025 over the medium term. The Council Plan identifies eight themes as the focus for action.

The review of the Road Management Plan, and specifically the seeking of community feedback as part of the review, primarily supports two Council Plan themes.

Dynamic Services & Facilities – Continuously improve the capacity of Council’s services and infrastructure to best meet the community’s needs.

By undertaking this review, Council will meet its statutory obligations and act as a responsible steward of community assets – ensuring they are managed in a manner that is financially sustainable for the future, while at the same time ensuring they meet community expectations.



A Well Governed & Leading Organisation – Ensure the highest standards and transparency of our governance practices and the capability of our organisation, and to improve the condition and suitability of the municipality’s assets.

The public consultation process for this review will provide a mechanism for Council to engage the community in determining what is the most appropriate way to manage the municipality’s road network.

8. CONCLUSION

The review of the Road Management Plan is designed to fulfil three objectives. The first is to ensure all Road Authorities are constantly monitoring the appropriateness and reasonableness of their respective Road Management Plans. The second is to provide a mechanism for all new Councillors to become informed about the importance of having a robust and relevant Road Management Plan. The final objective is to provide residents with an opportunity to provide feedback on the current Plan.

As noted previously, the review of the Road Management Plan is legislated to be completed no later than 30 June 2013. The purpose of the review is not to introduce amendments to the existing Plan, but to examine the appropriateness and reasonableness of the current Plan. The recommendations from the review may inform future amendments to the current Road Management Plan, which is a separate regulated process.

The Road Management Plan Review will enable Council to meet its statutory requirements under the Road Management Act (2004) and ensure that Council provides the opportunity for the community to have some input regarding the way the Knox road network is managed.

9. CONFIDENTIALITY


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

That Council

1. provide public notice of its intention to review Council’s Road Management Plan in both the Government Gazette and local daily circulating newspapers and advise that the community can provide submissions on the review;



2. receive submissions from the community over a period of no less than 28 days as per Section 223 of the Local Government Act (1989) and the Road Management (General) Regulations (2005);

3. make provision for the community to present submissions in person regarding the review of the Road Management Plan in accordance with Section 233 of the Local Government Act (1989);

4. nominate a committee of two Councillors comprising Councillor Gill and Councillor Cossari to hear resident submissions made in person regarding the review of the Road Management Plan;

5. allocate 28 May 2013 commencing at 5:30pm to hear community submissions regarding the Road Management Plan; and

6. receive the findings of the public submission hearing as part of the final report considering the review of the Road Management Plan.

CARRIED

203 COUNCIL – CORPORATE DEVELOPMENT 26 March 2013

ALL WARDS

10.1 PROPOSED FEES AND CHARGES 2013-14

SUMMARY: Management Accounting Coordinator (Tharshini Balachandiran)

The proposed Fees and Charges Schedule for 2013-14 is presented to Council for consideration.

RECOMMENDATION

That Council adopt the proposed 2013-14 Fees and Charges Schedule as outlined in Appendix A to this report, to be effective from 1 July 2013.

The adoption of the Fees and Charges Schedule prior to the consideration of the Draft 2013-14 Annual Budget is sought to enable certainty in the preparation of income estimates, and to allow sufficient time for the implementation of the proposed Fees and Charges structure applicable from 1 July 2013.

1. INTRODUCTION

The proposed Fees and Charges Schedule for 2013-14 is presented to Council for adoption.

The proposed Fees and Charges Schedule for 2013-14 is included as Appendix A (circulated separately) to this report.

2. DISCUSSION

There are many fees and charges established by Council in undertaking its normal operations, some of which are discretionary while others are set by legislation or regulation. The Fees and Charges Schedule shows both the existing and proposed new fees and charges to operate in 2013-14.

The majority of increases are based on Council’s anticipated Cost Escalation Factor of 3.6% prior to rounding. This approach provides for the contributions from fees and charges for non statutory services to keep pace with the cost of providing these services. This parameter was endorsed in principle as part of the Councillor discussions on the Long Term Financial Strategy (LTFS) at the February 2013 Leadership Workshop.

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


10.1 Proposed Fees and Charges 2013-14 (cont’d)

Statutory fees and charges set by the State Government have not been increased. These fees and charges are determined by the State Government and are increased when formally advised by the relevant department.

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

There are some changes to the proposed Fees and Charges Schedule for the 2013-14 financial year. These are the result of:

• Annual management review of fees and charges to reflect current operations and the recovery of costs; and

• Updates to the “New Tax System (Goods and Services Tax) Act 1999”, particularly “Payments to government agencies” under Division 81 that impact fees and charges. A complete review has been undertaken with the required changes to the GST status reflected appropriately in the proposed 2013-14 Fees and Charges Schedule.

3. CONSULTATION

As part of Council’s 2013-14 Annual Budget submission process, an opportunity will be available for the community to comment on the proposed fees and charges prior to final adoption by Council in June 2013.


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


The proposed Fees and Charges are based on the assumptions contained in Council’s LTFS.


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


This report responds to the 2009-13 Council Plan Organisational Objectives in relation to Stewardship of Finances and Assets. The Knox Council Plan outlines a commitment to manage our assets and financial resources on behalf of the community in a responsible and sustainable manner that demonstrates value for money.


10.1 Proposed Fees and Charges 2013-14 (cont’d)

8. CONCLUSION

This annual review of fees and charges provides Council with the opportunity to ensure that appropriate levels of fees and charges are set to achieve fairness and equity for all users and to safeguard Council’s financial sustainability.

9. CONFIDENTIALITY

This report does not contain confidential information.

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

That Council adopt the proposed 2013-14 Fees and Charges Schedule as outlined in Appendix A to this report, to be effective from 1 July 2013.

The adoption of the Fees and Charges Schedule prior to the consideration of the Draft 2013-14 Annual Budget is sought to enable certainty in the preparation of income estimates, and to allow sufficient time for the implementation of the proposed Fees and Charges structure applicable from 1 July 2013. CARRIED


ALL WARDS

10.2 2012 GENERAL ELECTIONS REPORT


In accordance with Clause 14 of Schedule 3 of the Local Government Act 1989 (‘the Act’), this paper presents to Council the Victorian Electoral Commission’s report on the conduct of the 2012 Municipal General Elections.

RECOMMENDATION

That Council note the Victorian Electoral Commission’s report on the conduct of the 2012 Municipal General Elections.

1. INTRODUCTION

Local government elections were held across Victoria in October 2012. The Victorian Electoral Commission, an independent and impartial statutory authority, was appointed by Council to conduct the elections on Council’s behalf. Council’s elections were conducted as attendance elections.

2. DISCUSSION

In accordance with clause 1(2)(c) of Schedule 2 of the Act, the Victorian Electoral Commission appointed Ms Leonie Taylor as the Returning Officer for the conduct of the 2012 general elections. The election office was established at Unit 3/ 794 Burwood Highway, Ferntree Gully and opened to the public on Wednesday, 19 September 2012.

Nominations opened at 9am on Thursday, 20 September 2012 and closed at 12pm on Tuesday, 25 September 2012. At the close of nominations 26 candidates had nominated across 9 wards. Collier and Dinsdale wards having received one nomination each were uncontested and therefore did not require voting. The draw for the position on the ballot paper took place at the Returning Officer’s Office following the close of nominations.

Early voting commenced at the Returning Office from Wednesday, 26 September and continued until Friday, 26 October. A second early voting centre at the Rowville Community Centre was opened on 15 October 2012 to support the election office during the peak period of early voting. The number of early votes cast was 14,152.

The other early voting option provided was postal voting. The Returning Officer processed 3,281 postal vote applications and dispatched ballot papers to an additional 993 registered general postal voters. A combined total of 3,434 postal votes were returned.


10.2 2012 General Elections Report (cont’d)

The results of the general elections were declared by the Returning Officer at 5pm on Monday, 29 October 2012 at the Civic Centre. Voter turnout of 73.88% was marginally lower than the 2008 result of 76.37% and is consistent with neighbouring Council’s results.

The Election Report details the operational aspects of the conduct of the general elections and includes a detailed analysis of the communications campaign, conduct of information sessions, voting and voter participation.

3. CONSULTATION

No consultation has been undertaken in regards to this report. The Victorian Electoral Commission is required, in accordance with the provisions of the Local Government Act, to prepare a report on the conduct of the elections. This report is required to be submitted to Council for information. A full copy of the report is attached at Appendix A (circulated separately).


There are no environmental or amenity issues associated with the presentation of this report.


The conduct of the general elections is fully funded in the 2012/13 Budget. The estimated total cost for the conduct of the elections and subsequent enforcement proceedings is $550,000 excluding GST. This figure excludes income from fines estimated at $120,000 in 2012/13 and $50,000 in 2013/14. The overall net cost to Council for the conduct of the 2012 general elections is anticipated to be $380,000 excluding GST.


This report supports Council’s commitment to the open, fair, equitable and transparent conduct of Council elections and further enhances good governance practices.


Municipal elections are conducted in accordance with the Local Government Act 1989 and form the basis of Council’s good governance in the sound stewardship of the City. The Chief Executive Officer has prime responsibility in regards to the conduct of the Council elections.

8. CONCLUSION

Overall, the 2012 municipal general elections were managed well by the Victorian Electoral Commission. It is recommended that Council note this report.


10.2 2012 General Elections Report (cont’d)

9. CONFIDENTIALITY

There are no issues of confidentiality associated with this report.

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

That Council note the Victorian Electoral Commission’s report on the conduct of the 2012 Municipal General Elections. CARRIED


ALL WARDS

10.3 RECREATION AND LEISURE LIAISON GROUP – COUNCILLOR APPOINTMENT


This report seeks a Council resolution for the appointment of Cr Nicole Seymour to the Recreation and Leisure Liaison Group.

RECOMMENDATION

That Council appoint Cr Nicole Seymour to the Recreation and Leisure Liaison Group for the remainder of the 2013 Councillor term effective from 26 March 2013.

1. INTRODUCTION

As part of the Statutory Meeting of Council each year, Councillors consider the appointment of representatives to various Council and external Committees.

2. DISCUSSION

At the Ordinary Council meeting held on 27 November 2012, Council adopted appointments to various Council and external Committees for the 2013 period effective from 1 January 2013. The Terms of Reference for the Recreation and Leisure Liaison Group allow for up to three (3) Councillors to be appointed to the Committee. Councillor Gill was appointed as the sole Councillor representative to the committee. Cr Seymour has since expressed her desire to also participate on this Committee given a number of key strategic recreation and leisure projects currently occurring in her ward.

3. CONSULTATION

Consultation with the Councillors has occurred in relation to the preparation of this report by way of Cr Seymour contacting all Councillors to express her desire to participate on this committee.


There are no environmental/amenity issues associated with the preparation of this report.


There are no financial implications associated with this report.


There are no social implications associated with this report.


10.3 Recreation and Leisure Liaison Group – Councillor Appointment (cont’d)


Provision of representatives to various Council and external Committees assists Council in meeting its general objectives under the Council Plan.

8. CONCLUSION

It is recommended that Cr Seymour be appointed to the Recreation and Leisure Liaison Committee for the remainder of the 2013 Councillor term effective from 26 March 2013.

9. CONFIDENTIALITY


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

That Council appoint Cr Nicole Seymour and Cr Tony Holland to the Recreation and Leisure Liaison Group for the remainder of the 2013 Councillor term effective from 26 March 2013. CARRIED


COUNCILLOR GILL VACATED THE CHAMBER AT 9.23PM DURING DISCUSSION ON ITEM 10.4 COUNCILLOR GILL RETURNED TO THE CHAMBER AT 9.26PM DURING DISCUSSION ON ITEM 10.4

ALL WARDS

10.4 INSTRUMENT OF DELEGATION TO THE CHIEF EXECUTIVE OFFICER


This report presents a revised Instrument of Delegation to the Chief Executive in accordance with section 98(6) of the Local Government Act.

RECOMMENDATION

That Council adopt the Instrument of Delegation to the Chief Executive Officer shown at Appendix A to this report, and that the Instrument be signed and sealed in accordance with the provisions of the Meeting Procedure and Use of Common Seal Local Law 2008.

1. INTRODUCTION

Section 98 of the Local Government Act 1989 empowers Council to delegate any of its powers, duties or functions with some strategic exemptions such as setting rates, borrowing funds and adopting a budget. It is widely accepted that delegations are necessary to facilitate effective functioning of Councils as they enable day to day decisions to be made in relation to routine administrative and operational matters.

Section 98(6) of the Local Government Act requires a Council to review within the period of 12 months after a general election, all delegations which are in force and have been made by the Council under Section 98(1). It is considered appropriate to commence the review process by reviewing the delegation from Council to the Chief Executive Officer.

2. DISCUSSION

The existing Instrument of Delegation has been in force since 24 August 2010 and was designed to satisfy three important principles:

• That Council focus on policy and strategic direction with the CEO managing the day to day implementation of Council’s vision, strategies and policies

• That Council concern itself with delegations to the Chief Executive Officer who is then responsible for delegations to other staff;

• That Council specify the powers, duties and functions which are not delegated rather than those which are.


10.4 Instrument of Delegation to the Chief Executive Officer (cont’d)

Leading local government solicitors Maddocks promote the adoption of an Instrument of Delegation that is enabling rather than prescriptive in nature. The schedule to the existing Instrument of Delegation is consistent with this principle and covers the following areas:

• Actions that cannot be undertaken by the CEO

• Actions that can only be undertaken by the CEO subject to a specific Council policy

• Council can resolve that an action be undertaken which can then be finalised under delegation

• The delegation cannot duplicate any other specific delegation

• The delegation cannot be inconsistent with any other policy or strategy of the Council.

A number of policies have been developed by Council to enable actions to be undertaken by the Chief Executive Officer under delegation subject to specific Council policy.

The revised Instrument of Delegation to the Chief Executive Officer attached as Appendix A, has been updated in accordance with the recent (November 2012) Delegations and Authorisations release from Maddocks lawyers. The application of the existing delegation has been effective since its adoption in 2010, with no known issues arising and apart from a few minor wording amendments to improve grammar, no other further amendments are proposed.

3. CONSULTATION

Leading local government solicitors, Maddocks provide the industry with a Delegations and Authorisations service. Updates are received periodically and take into account relevant amendments to legislation. The draft Instrument of Delegation has been prepared based on the service provided by Maddocks. The revised Instrument has also been the subject of discussion by Councillors at an Issues Briefing held on 5 March 2013.


There are no environmental or amenity issues associated with this report.


There are no financial or economic implications associated with this report.


There are no social implications associated with this report.


10.4 Instrument of Delegation to the Chief Executive Officer (cont’d)


By adopting this Instrument of Delegation, Council is able to streamline routine administrative matters whilst ensuring the highest level of accountability in the process.

8. CONCLUSION

The form of the existing (and proposed) delegation to the Chief Executive Officer is consistent with the instruments adopted by most Councils throughout Victoria. The application of the delegation has also been effective since its adoption in 2010. It is therefore recommended that Council adopt the revised Instrument of Delegation to the Chief Executive Officer as appended to this report.

9. CONFIDENTIALITY


COUNCIL RESOLUTION MOVED: CR. HOLLAND SECONDED: CR. PEARCE That Council defer consideration of this matter to the Ordinary Council meeting scheduled for 28 May 2013 following presentation of this matter for discussion at the May 2013 Issues Briefing. CARRIED


APPENDIX A

IINNSSTTRRUUMMEENNTT OOFF DDEELLEEGGAATTIIOONN TTOO TTHHEE

CCHHIIEEFF EEXXEECCUUTTIIVVEE OOFFFFIICCEERR

In exercise of the power conferred by section 98(1) of the Local Government Act 1989 (the Act) and all other powers enabling it, the Knox City Council (Council) delegates to the member of Council staff holding, acting in or performing the position of Chief Executive Officer, the powers, duties and functions set out in the Schedule of this Instrument of Delegation. AND declares that 1. This Instrument of Delegation is authorised by a Resolution of Council passed on

26 March 2013.

2. The delegation

2.1 comes into force immediately the common seal of Council is affixed to the Instrument of Delegation;

2.2 remains in force until Council resolves to vary or revoke it; 2.3 is subject to any conditions and limitations set out in the schedule; and 2.4 must be exercised in accordance with any guidelines or policies which

Council from time to time adopts. 3. The member of Council staff occupying the position or title of or acting in the

position of Chief Executive Officer may delegate to a member of Council staff any of the powers (other than the power of delegation conferred by section 98(3) of the Act or any other powers not capable of sub-delegation) which this Instrument of Delegation delegates to him or her.

THE COMMON SEAL of KNOX CITY COUNCIL

was affixed pursuant to an Order made on the

26th Day of March 2013 in the presence of

Mayor ........................................................................ Chief Executive Officer ................................................... Councillor ...................................................................


SCHEDULE The power to 1. determine any issue; 2. take any action; or 3. do any act or thing arising out of or connected with any duty imposed, or function or power conferred on Council by or under any Act. Conditions and Limitations The delegate must not determine the issue, take the action or do the act or thing 1. if the issue, action, act or thing is an issue, action, act or thing which involves

1.1 changes to the manner in which Council holds its elections;

1.2 preparation or adoption of a Budget or a revised Budget under Part 6 of the Act;

1.3 awarding a contract exceeding the value of :

• $1,000,000 for a single transaction; or

• in the case of a multi-year contract , $500,000 per annum for each year of the contract

whichever is the greater;

1.4 the entering into of any contract for the sale, purchase or exchange of land with or without consideration (but not one relating to the disposal of any land for unpaid rates or charges);

1.5 approval of the Council Plan under s.125 of the Act

1.6 adoption of the Strategic Resource Plan under s.126 of the Act;

1.7 the formation, operation or membership of or by the Council in any Corporation, trust, partnership or any other body or business for an entrepreneurial purpose, or the participation in any other entrepreneurial activity capable of being conducted so as to directly or indirectly benefit the Council;

1.8 the establishment of any special committee or advisory committee of the Council;

1.9 exempting a member of a special committee who is not a Councillor, from submitting a return under section 81 of the Local Government Act;

1.10 the making, amendment or revocation of any Local Law under Part 5 the Act;

1.11 the establishment of any regional corporation of which the Council is intending to become a member;

1.12 adoption of the Auditors report, Annual Financial Statements, Standard Statements and Performance Statement under Part 6 of the Act;

1.13 noting declarations of impartiality by valuers pursuant to section 13DH(2) of the Valuation of Land Act 1960;

1.14 determining pursuant to section 37 of the Local Government Act that an extraordinary vacancy on Council not be filled;


1.15 the appointment of Councillor or community delegates or representatives to external organisations; or

1.16 the return of the general valuation and any supplementary valuations. 2. Unless the Council has adopted specific policies and subject to those policies the

further powers, duties, discretions and functions not delegated are those involving:

2.1 the imposition, reduction, alteration or waiver of any fee or charge, including interest which the Council may lawfully impose;

2.2 the disposal of any land for any unpaid rates or charges;

2.3 the determination of speed limits for vehicles on any road;

2.4 prohibition or restriction of traffic on any road that is considered unsafe;

2.5 the refusal to grant any application for which the Council has the power to decide;

2.6 the entering into of any lease of land to or from any person; and

2.7 the entering into a Section 173 Agreement under the Planning and Environment Act.

3. If any issue, action, act or thing is an issue, action, act or thing which Council has

previously designated as an issue, action, act or thing which must be subject to the resolution of Council;

4. If the determining of the issue, the taking of the action, or doing of the act or thing,

would or would be likely to involve a decision which is inconsistent with a

4.1 policy; or

4.2 strategy adopted by Council; or 5. If the determining of the issue, the taking of the action or doing of the act or thing

cannot be the subject of a lawful delegation, whether on account of section 98(1)(a)-(f) (inclusive) of the Act or otherwise; or

6. The determining of the issue, the taking of the action or doing of the act or thing

already the subject of exclusive delegation to another member of Council staff.

217 COUNCIL – ITEMS FOR INFORMATION 26 March 2013

ALL WARDS

11.1 ASSEMBLIES OF COUNCILLORS

SUMMARY: Manager – Governance (Rhys Thomas)

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

RECOMMENDATION

That Council

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

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

1. INTRODUCTION

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

Details of Assemblies of Councillors that have occurred between Monday 11 February 2013 and Sunday 10 March 2013 are attached to this report.

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

That Council

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

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

CARRIED

218

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

Date of Assembly: 11/2/2013

Name of Committee or Group (if applicable):

Economic Development Committee Time Meeting Commenced:

6:00pm

Councillors in Attendance: Cr Tony Holland Cr Darren Pearce Cr Nicole Seymour

Council Staff in Attendance: Angelo Kourambas Kim Rawlings Ingo Kumic Peter Chaffey Helen Ruddell Kate Harris Matters Considered:

1. Knox Place Program (2012-13) 2. Knox Economic Development Program (2012-13) 3. Content of Economic Development Committee Report to Council – April 2013 4. Discussion on Review of Knox Economic Development Strategy Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest

Councillor Left Assembly While Matter Being Considered

219




Dinner Prior to SPC Meeting Time Meeting Commenced:

5:05pm

Councillors in Attendance: Cr Karin Orpen Cr Nicole Seymour Cr John Mortimore Cr Tony Holland Cr Darren Pearce Cr Peter Lockwood Cr Adam Gill Rob Spence (MAV) Cr Joe Cossari Alison Lyons (MAV)

Council Staff in Attendance: Graeme Emonson Kerry Stubbings Ian Bell Jon Gorst Angelo Kourambas Mark Dupe Matters Considered:

Defined Benefits Superannuation Call Update Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


220




Special Issues Briefing Time Meeting Commenced:

7:35pm

Councillors in Attendance: Cr Karin Orpen Cr Nicole Seymour Cr John Mortimore Cr David Cooper Cr Darren Pearce Cr Peter Lockwood Cr Adam Gill Cr Joe Cossari

Council Staff in Attendance: Graeme Emonson Kerry Stubbings Mark Dupe Rhys Thomas Ian Bell Angelo Kourambas Matters Considered:

1. Councillor Resource Policies 2. Councillor Workplace Policies 3. Procurement of Capital Works Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


221




Knox Multicultural Advisory Committee Time Meeting Commenced:

6:00pm

Councillors in Attendance: Cr Joe Cossari Cr David Cooper

Council Staff in Attendance: Jaya Manchikanti Kathy Parton Kerry Stubbings Matters Considered:

Knox City Council Multicultural Strategic Plan 2012-2017 Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


222




Planning Consultative Committee Time Meeting Commenced:

6:00pm

Councillors in Attendance: Cr David Pearce Cr David Cooper Cr Karin Orpen Cr Tony Holland

Council Staff in Attendance: Greg Kent Nancy Cardamone Willi Knorr Ros Lemin Matters Considered:

1 Lancelot Close, Wantirna South – Development of the land for a double storey dwelling to the side of the existing dwelling and subdivision of the land into two (2) lots P2012/6465 Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


223




Environment Advisory Committee Time Meeting Commenced:

6:30pm

Councillors in Attendance: Cr John Mortimore Cr David Cooper

Council Staff in Attendance: Ellen Mitchell Trish Winterling Kim Rawlings Matters Considered:

1. Council Priorities/Key Strategic Issues for the Coming Year 2. ‘Melbourne, Let’s Talk About the Future’ Discussion 3. Outcomes from MAV Environment Group 4. Embedding Organisational Sustainability Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


224




Early Years Advisory Committee Time Meeting Commenced:

6:30pm

Councillors in Attendance: Cr Adam Gill

Council Staff in Attendance: Janine Brown Angela Flattery Matters Considered:

Overview of the Early Years Service System Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


225




Public Transport Consultative Committee Time Meeting Commenced:

6:30pm

Councillors in Attendance: Cr Peter Lockwood

Council Staff in Attendance: Craig Dinsdale Ron Crawford Melissa Sparrow Martin Maloney Joanne Watson Matters Considered:

1. Lifting the Profile of Bus Routes 2. Bus Lanes 3. Public Transport Consultative Committee Representatives 4. Rowville Rail Update 5. Discussion: What is the most important public transport issue for Knox and the region excluding

Rowville rail and Knox tram? 6. Research Items 7. Topic for Media Release/Advocacy 8. Updates: - Community Transport - Bus Companies - Metro - Eastern Transport Coalition 8. Future Agenda Items Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


226




Housing Advisory Committee Time Meeting Commenced:

1:00pm

Councillors in Attendance: Cr John Mortimore Cr Nicole Seymour Cr Tony Holland

Council Staff in Attendance: Sarah Lane Angelo Kourambas Paul Dickie Sharon Barker Kim Rawlings Matters Considered:

1. Housing Policy Review Project 2. Housing Monitoring Report 3. Affordable and Social Housing 4. Eastern Regional Housing Alliance Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


227




Eastern Transport Coalition Time Meeting Commenced:

6:30pm


Council Staff in Attendance: Craig Dinsdale Ron Crawford Melissa Sparrow Matters Considered:

1. Eastern Transport Coalition Finance Report 2. State and Federal Budget Submissions 3. Rowville Rail Update 4. Doncaster Rail Feasibility Study Update 5. Engagement of Consultant 6. Missing Links in Cycle Paths 7. Response to the Issues Paper ‘Disability Standards for Accessible Public Transport’ Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


228




Stamford Park Community Reference Group Time Meeting Commenced:

6:30pm

Councillors in Attendance: Cr Nicole Seymour Cr Karin Orpen

Council Staff in Attendance: Peter Kavan Matters Considered:

1. Updates regarding the Stamford Park Planning Scheme Amendment (C93), subdivision process and forthcoming procurement process

2. Update on the recent expression of interest process to fill vacancies on the Stamford Park Community Reference Group

3. Development of the Stamford Park Business Model and Business Plan by Context Pty Ltd 4. Presentation by the Stamford Park Model Boat Club to use the proposed lake at Stamford Park 5. Presentation by the Old Orchard Winery to hold occasional formal dinners at the Stamford Park

Homestead 6. Presentation by the ACF Church to outline concept plans for potential future development of their site

which adjoins Stamford Park 7. Report on outcomes of the Stamford Park Public Archaeological Open Days and V8 Super Car function Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


229




Knox Community Sports Centre Management Committee Time Meeting Commenced:

5:00pm

Councillors in Attendance: Cr David Cooper

Council Staff in Attendance: David Blair Marco D’Amico Matters Considered:

1. Finances (end of year) 2. Knox Hockey Club discussion 3. Knox School Masterplanning Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


230




Issues Briefing Time Meeting Commenced:

6:50pm

Councillors in Attendance: Cr Karin Orpen Cr John Mortimore Cr Tony Holland Cr Darren Pearce Cr David Cooper (Items 1-4) Cr Adam Gill Cr Peter Lockwood (Items 1-5)

Council Staff in Attendance: Graeme Emonson Rhys Thomas Ian Bell Jon Gorst (Items 1 & 2) Mark Dupe Kath Oakley (Items 7 & 8) Angelo Kourambas Kerry Stubbings Matters Considered:

1. Bulk Tree Replacement Program 2. Proposed Fees and Charges 3. Instrument of Delegation to CEO 4. Councillor Code of Conduct 5. Ward Contingency Policy 6. Civic Receptions Policy 7. Ward Communication Policy 8. Councillor Media Policy Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


231




Knox Affordable Housing Reference Group Time Meeting Commenced:

6:30pm


Council Staff in Attendance: Sharon Barker Jonathan Wright Rose Vince Matters Considered:

1. Eastern Affordable Housing Alliance 2. Report from Housing Advisory Committee 3. Revising the Knox Affordable Housing Action Plan Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest



ALL WARDS

11.2 WORKS REPORT AS AT 7 MARCH 2013

SUMMARY: Coordinator – Capital Works (Gene Chiron)

The Works Report shows projects on Council’s Capital Works Program and indicates the status of each project as at 7 March 2013.

RECOMMENDATION

That the works report for March 2013 be received and noted.

1. INTRODUCTION

This report summarises progress on Council’s Capital Works Program for the 2012/2013 financial year. The aim of this report is to provide a regular and succinct status summary of each project over the last month. The Capital Works Report, as of 7 March 2013, is attached as Appendix A.


That the works report for March 2013 be received and noted. CARRIED


APPENDIX A 001 Bridges Renewal Program $101,000

Works commenced on the Liverpool Road Culvert Upgrade on Monday 4 March.

004 High Risk Road Failures $521,000

Program now 85% expended with the remainder of the program to look at patching works in Napoleon Road.

007 Road Surface Renewal Program $3,026,000

Program is progressing well with 55 streets currently completed. 008 Drainage Pit and Pipe Renewal Program $1,766,000

Drainage renewal program is progressing well. Recently completed works at 302 Dorset Road and currently working on drainage improvements in Arbor Crescent.

009 Footpath Renewal Program $2,421,000

Program progressing well at 80% of funding expended. 010 Bicycle / Shared Path Renewal Program $358,000

Program to be completed early March with the completion of the shared path works between Dorian Avenue and UFTG Station.

011 Information System Plan Implementation $590,424

Server replacement is nearing completion. Planning for Personal Computer rollout has commenced. Implementation will start in April/May.


016 Building Renewal Program $2,249,000

Programs running at about 65% committed/expended with approximately 36% actual expenditure. Works scheduled to commence or nearing completion in March include Kings Park Pavilion - internal painting; Egan Lee Pavilion - internal painting, toilets refit, kitchen refit; Walker Pavilion - kitchen refit; Schultz Pavilion - external painting; Knox Community Arts Centre - roof replacement; Knox Gardens Pavilion - internal painting to change rooms, toilet/shower refits; Knox Early Parenting Centre - internal painting; Mountain Gate Toilet Block - internal/external painting, epoxy floor coating, urinal replacement.

017 Playground Renewal Program $789,840

Detail design is complete for the local playgrounds and will be tendered for construction in mid March. Design work is underway for the Ferntree Gully Recreation Reserve playground renewal.

022 Fire Hydrant Replacement Program $110,000

Payments to South East Water due by mid June. 024 Sassas Avenue Basin Reserve - Carpark Renewal $91,000

Design underway and nearing completion. 025 Plant & Machinery Replacement Program $2,506,500

Program under way with approximately 40% of funds expended and 42% of funds committed.

026 Street Tree Replacement Program $504,000

Following some delays in the consultation process, removal and planting works are programmed to start in March on schedule for completion in June.

031 Stamford Park Redevelopment $40,500

Council approved Amendment C93 to the Knox Planning Scheme to implement the Stamford Park Master Plan at its February 26 meeting. Council will submit the Amendment to the Minister for Planning for approval. A report on procurement options will be presented to an Issues Briefing to be held on 12 March.


043 Shade Sails for Family and Children's Services Facilities $60,500

To date there has been very limited demand for the program.

055 Corhanwarrabul Creek Trail (to Dandenong Creek) - Shared Path $50,500

Design works only. To be undertaken in consultation with Parks Victoria and Caribbean Gardens.

070 Dog Park No. 1 $10,035

Surface drainage, path infrastructure, plumbing and soft landscaping are complete with turf still being established. Currently access to site is partially restricted.

082 Drainage Upgrades - Ongoing Customer Response $100,000

Minor Works Package 1: Ling Drive - Concept plan finalised and detailed design ready to commence; Daniella Court - Melbourne Water have agreed to modify a main drain pit to provide a relief point and additional Council works to be assessed in 2013/14; Mercia Avenue - Contractor appointed. Minor Works Package 2: Timbertop Drive - Works completed and invoice sent to SPAusnet.

100 Open Space Fencing Replacement $77,000

Tormore Reserve fence constructed. Gate installation due by mid March. Gilbert Park fence to commence mid March.

102 Major Reserves Conversion to Warm Season Grass $243,417

Pickett Reserve has been sprigged and regrassing works are completed at Wally Tew No.2 oval.

104 Roadside Furniture Renewal Program $74,000

Program progressing without issue. 147 Energy & Greenhouse Program for Council Facilities $50,500

Projects at kinders scheduled for April School Holidays. Awaiting quotes for lighting and solar hot water projects.


224 Library Furniture Replacement $30,000

Library furniture replacement has commenced. 229 Building Code Australia Compliance $13,345

Works now complete. 239 Knox State Emergency Services - Facility Modification $150,000

Internal memo and report approved and purchase order raised. Awaiting a start date from the contractor.

248 Boronia Park Landscaping Implementation Stage 3 $826,371

Progressing detailed design of retarding basin and landscape amenity upgrades with concept plan prepared. Awaiting Melbourne Water approval on concept design and funding proposal.

256 The Basin Triangle Landscape Implementation - Stage 3 $268,465

Stage three landscape works and the proposed pedestrian crossing are currently being exhibited for public comment. Feedback closes on 13 March.

257 Liberty Avenue Reserve Master Plan Implementation Stage 2 $151,500

Tender is currently being advertised and is due to close 13 March. 259 Ferntree Gully Village: Development of Design Plan $851,806

Contract works complete. 266 Tim Neville Arboretum Toilet - Design and Construct $120,000

Works complete. 289 CSR Quarry Reserve - Implementation Stage 4 $151,895

Currently reviewing plans with access and inclusion specialist.


310 Egan Lee Reserve - Floodlighting Installation $152,913

Project now complete. 313 Meals On Wheels - Cold Room Awning. $25,000

Project complete.

316 Stud Road, Rowville - Sunshine Street to Timbertop Drive - Footpath $10,000

Developer was delayed by service authority relocation and has now directed surveyor to complete survey and plan of subdivision. Following this the plan will be lodged with Council's Planning Department.

317 Mowbray Drive, Wantirna South LATM - Construction $11,777

Works completed. 318 Bike Storage - Various Locations $4,435

All works completed. 342 Kings Park Storm Water Harvesting - Stage 2 $63,840

Project completed. 343 Eildon Park Storm Water Harvesting - Stage 2 $80,440

Project complete. 345 Asbestos Removal $101,000

Works nearing completion for asbestos removal at the initial six sites programmed. Commitments including expenditure are at approximately 70%.

347 Miscellaneous Industrial Roads - Pavement Rehabilitation $250,000

Program has now been completed with the finish of the Koornang Road resurfacing and patching works.


353 Avalon/Stamford/Stud Road Intersection Modification $116,000

This project is to be undertaken after the Rowville Plan has been prepared.

355 Eastern Recreation Precinct - Indoor Sports Stadium $32,133

Project completed. 356 Eastern Recreation Precinct - Civil Works $818,256

Installation of public lighting and carpark wearing course asphalt completed. Some minor landscape works to be undertaken.

362 Knox Gardens Tennis Court Reinstatement - Stage 3 $65,000

Rehabilitation works completed.

369 Carrington Park Reserve Sports Pavilion Upgrade - Consultation and Design $958,000

Council resolved, at the 26 February meeting, that it would not accept any tenders with the funding being returned to the Open Space Reserve.

376 Murrindal Playroom Extension (Stage - Two) $655,500

Contractor selected. Awaiting CEO approval. Works expected to commence mid March.

387 Local Road Safety Initiatives - 5 various locations $18,657

All works complete. 393 Tirhatuan Drive (No 18) Rowville - Drainage Upgrade $179,480

Drainage analysis completed including additional length of Melbourne Water main drain. Design nearing completion with service depthing completed and feedback being sought from service authorities and Melbourne Water. Awaiting Melbourne Water formal approval.


408 Batterham Reserve No 2 - Renovation $131,644

Grass now at 80 % coverage. 409 Parks Furniture Renewal $55,000

Program complete. 410 Parks Signage Renewal $30,000

All programmed signs installed. 412 Water Sensitive Urban Design Renewal $150,000

Investigation on initial project list has been undertaken and scoping completed. List of projects to be renewed/amended are as follows: (1) Bergins Road Swale - Works completed. Landscape schedule

completed. Planting will be undertaken during late autumn. (2) Starlight Reserve - Investigation/Planning/Consultation

completed. Detailed design underway. (3) Bayswater Park - Feasibility investigations completed.

Consultation completed. Concept design underway.

415 Wellington Road / EastLink - Shared Path $299,489

(1) Bridge Crossings - Erection of both bridges and ramps now completed.

(2) Shared Use Path - Knox Construction have completed the majority of construction including the remaining links to the bridge.

416 Rocco Drive, Scoresby - Drainage Upgrade $87,344

Works completed. 418 Guy Turner Reserve Masterplan Implementation $317,000

Detail design and construction documentation underway for entire reserve (including future stages of works). Further consultation to inform community on progress is required. Project Delivery is coordinating a small section of concrete path/civil works near pavilion/oval which is due to commence construction at the end of March.


422 Marie Wallace Oval - Coach Boxes $34,419

Project complete. 423 Marie Wallace Oval - Utility Service Upgrade $80,591

Works complete. 424 Marie Wallace Oval - Floodlighting $51,089

Project complete. 427 Knox Community Arts Centre Upgrade (Stage One) $267,500

Ramp is 90% complete. Works on supper room commenced. 437 Boronia Road, Wantirna, Service Road Rehabilitation $210,000

Contract combined with Chequers Close with contract works nearing completion. Chequers Close works are complete.

438 Egan Lee Reserve - Design & Renovation $22,000

Grass now at 95% coverage. 439 Rowville Recreation Reserve No 1 - Renovation $579,000

Ground has been sprigged. 440 Ferntree Gully Reserve Terracing Construction $30,200

Works will commence in conjunction with the water harvesting project which currently has tenders being evaluated.

441 Tim Neville Arboretum Masterplan Implementation $384,500

Tenders for the public lighting installation are currently being assessed.


442 Local Area Traffic Management Scheme Landscape Renewal $35,000

Scoping completed and works to begin in May. Civil works now complete. Two quotations received. On track for May start.

443 Reserves Paths Renewal $50,000

Internal consultation underway for works in March. Identified paths are in Baldwin Reserve, Tamar Apex Reserve and Katandra Reserve.

444 Colchester Reserve - Floodlight Design/Installation $143,988

Contractor related works will be finished by mid March, Awaiting SP Ausnet power upgrade works.

446 Orana Neighbourhood House - Design & Construction $101,000

Project has been withdrawn as per the Council resolution on 18 December, 2012.

452 Bayswater Park - Passive Open Space Reinstatement $242,803

Quotations currently being sought. 455 Parks Crescent, Cypress Avenue, Boronia - Drainage Upgrade $201,419

(1) Drainage Reserve Fencing: Fencing works completed. (2) Drainage Reserve Swale: From analysis completed to date, the

retarding basin will have a significant capacity increase up to 50 Year Average Rainfall Interval which will reduce design requirements of swale along the drainage reserve. Awaiting advice from Melbourne Water.

458 Ferntree Gully Reserve - Stormwater Harvesting $444,000

Contractor selected. Works to commence mid March.


459 Ferntree Gully Road (No. 1825) - Drainage Upgrade $896,000

Stage 1 works (rear off-set drain at 1823 Ferntree Gully Road) - design completed and quotes sought with no response. Have re-advertised by public tender with tenders closing 5 March. Overall catchment - Preparing concept plan for overland flowpath which will include further analysis of the drainage system. Overall stages now identified with scoping of Stages 2 - 4 underway.

460 Straughan Close, Lysterfield - Drainage Upgrade $16,685

Retarding Basin works completed. 461 Reservoir Crescent Rowville, Dam Repair $227,000

Project combined with Heany Park access road. Contract works have reached practical completion.

472 Bowen Avenue and Golden Grove - Water Sensitive Urban Design $250,000

Contractor appointed and construction well underway.

474 Security System Upgrade - Civic Centre $84,000

Works complete. 477 Susan Street, Bayswater - Rehabilitation $279,000

Contract awarded with works commenced for May completion. Combined contract tendered works with Rodney Street and Phyllis Street.

478 Phyllis Street, Bayswater - Rehabilitation $215,000

Contract awarded with works commenced for May completion. Combined contract tendered works with Rodney Street and Susan Street.


479 Thomas Street, Ferntree Gully - Rehabilitation $500,000

Combined contract tendered works with Kevin Avenue and Gifford Street. Contractor has been appointed and contract works have commenced along Gifford Street.

480 Kevin Avenue, Ferntree Gully - Rehabilitation $40,000

Combined contract tendered works with Thomas Street and Gifford Street. Contractor has been appointed and contract works have commenced along Gifford Street.

481 Gifford Street, Ferntree Gully - Rehabilitation $121,000

Combined contract tendered works with Kevin Avenue and Thomas Street. Contractor has been appointed and contract works have commenced.

482 Chequers Close, Wantirna - Rehabilitation $100,000

Contract works combined with Boronia Road service road. Works in Chequers Close completed. Boronia Road service road nearing completion.

483 Boyd Court, Scoresby - Rehabilitation $115,000

Construction due to commence late April. 484 Hampden Court, Rowville - Rehabilitation $61,000

Survey now completed. 485 Cairn Curren Close, Rowville - Rehabilitation - Design $13,000

Design nearing completion. 486 Tali Karng Close, Rowville - Rehabilitation - Design $10,000

Design nearing completion.


487 Ranceby Close, Rowville - Rehabilitation - Design $4,000

Survey works nearing completion with design about to commence. 488 Camley Court, Rowville - Rehabilitation - Design $5,000

Survey works nearing completion with design about to commence. 489 Wells Avenue, Boronia - Rehabilitation - Design $12,000

Design due to be completed in May. 490 DDA Footpath Modifications $100,000

Program progressing well. Waiting on invoices for recently completed project on Talaskia Road.

491 Gilbert Park Reserve - Car Park Rehabilitation $111,000

(1) Gilbert Park: Design complete and quotes about to be sought. (2) Studfield Shops Carpark - Design due to be completed by

May.

492 Compliance to Food Act - Various Buildings $27,500

Proportion of budget has been designated towards kitchen upgrades at Walker Reserve Pavilion and Dobson Park Pavilion. These works are scheduled for March.

493 Place Makers Building Compliance Works $40,000

Works have commenced as per schedule and progressing as per program.

494 Cathies Lane - Landfill Rehabilitation Works $403,500

Landfill gas monitoring consultant appointed. Installation of monitoring equipment completed.


495 Fencing Replacement in Early Years Facilities - Scope and Implementation $24,000

Priority listing has been completed with a view to undertake works in April school holidays.

496 Blind Replacement in Early Years Facilities - Scope and Implementation $60,000

Final quotations received. Works prioritised from high, medium and low risk. All high risk sites will be addressed first with medium to low addressed as funds permit. Works to be awarded to successful contractor on 5 March, with works expected to commence over the school holidays commencing at the end of March.

497 Coonara Stone Cottage - Structural Failure Rectification $10,000

Final report from heritage architect due by mid March. 498 Knox Park Soccer Floodlight Upgrade $334,500

This project is likely to be put on hold until ground renovations have been completed.

499 Knox Park BMX Floodlight Upgrade $89,000

SP Ausnet to upgrade electrical infrastructure in April 2013. 500 Sasses Avenue Floodlight Installation $107,000

Project has been withdrawn as per the Council resolution on 18 December 2012.

501 Bayswater Bowls (Guy Turner Reserve) $201,500

Contractor appointed with club requesting that construction be delayed until mid-March. Contractor advises that he is able to commence on 18 March.


502 Knox Gymnasium Car Park Flood Lighting Design $5,000

Quote forwarded to Capitol Works Dept for further review and consideration.

503 Festivals and Events $20,000

Human powered vehicle event to take place in April. Alternative locations to Ozone being considered.

504 Knox Leisureworks - Monotek Flooring $30,000

Works complete.

505 West Gully Preschool Playroom Development - Scope and Detailed Design $55,500

Detailed design underway.

506 Early Years Refurbishment/Upgrade (Standards & Legislation) Program $151,500

Designs completed. Works underway. 507 Scoresby West Preschool - Implement Building Upgrade Plan $106,751

Project completed.

508 Bayswater Primary School - Building (Consultation & Detailed Design) $65,500

Detailed design completed. Awaiting landscape design.

509 Bayswater Primary School - Carpark (Consultation and Detailed Design) $35,500

Carpark survey due to commence April. Carpark design to be integrated with building design.

510 Bayswater Multipurpose Community Interim Facility $20,000

Project has been withdrawn as per the Council resolution on 18 December 2012.


511 Bergins Road / Liberty Avenue Traffic Island $4,000

To be constructed in March.

512 High Street Road Shared Path $15,000

To be constructed in March. 513 Karoo Road / Landsborough Avenue Bus Turn $10,000

Project has been completed. Waiting on final invoice. 514 Ferntree Gully Road Bus Stop Connection $7,000

Project completed. 515 Dog Park No. 2 $20,000

Funding for second dog park directed to Dog Park No. 1 to undertake rectification works as per Council resolution of the 25 September 2012.

516 Rumann and Benedikt Reserves - Open Space Upgrade $40,500

Brief and request for quotation document currently being compiled to seek services of a landscape architect to undertake masterplan works.

517 Emerson Place Reserve - Open Space Upgrade $252,000

Preparing tender documents. Expecting works to commence in April.

518 Heany Park - Access Road $45,500

Project combined with Reservoir Crescent dam safety works. Contract works have now been completed.

519 Chandler Park - Open Space Upgrade Design $15,000

Engineering survey completed. Design is being finalised.


520 Mountain Gate Major Activity Centre - Consultation and Design $50,500

The contract to identify a Place Program and develop a plan for streetscape improvements for Mountain Gate has been awarded to Outlines Landscape Architecture. Communications to raise awareness of stakeholders to the project and how to have input has commenced. Consultation has also commenced.

521 Alchester Village - Place Management $35,500

The contract to identify a Place Program and develop a plan for streetscape improvements for Alchester Village has been awarded to Outlines Landscape Architecture. Communications to raise awareness of stakeholders to the project and how to have input has commenced.

522 John Street (No.7), Upper Ferntree Gully - Drainage Upgrade $40,000

Survey finalised and design underway. 523 Summit Court (No.5), Boronia - Drainage Upgrade $40,000

Further investigation required to confirm drainage pits and outfall location.

524 Stud Road (No.83), Bayswater - Drainage Design $20,000

Design works nearing completion. Community consultation to follow.

525 Cardiff / Herbert Streets Catchment Improvements $25,000

Drainage analysis underway. 526 Knox Community Gardens - Toilet upgrade $91,000

Works commenced and proceeding well. 527 Core Application Upgrade (PDR) $202,000

New Professional Development Review system chosen for implementation in April.


528 Lewis Park - Stormwater Harvesting Design $35,500

Project has been placed on hold. 529 Dobson Reserve - Stormwater Harvesting Design $25,000

Project Advisory Group appointed. Design approach being determined.

530 Templeton Reserve - Stormwater Harvesting Design $25,000

Design completed. 531 Egan Lee Reserve - Stormwater Harvesting Design $25,000

Design completed. 532 Sheffield Road, The Basin - Water Sensitive Urban Design $131,000

Design nearing completion and submitted to Melbourne Water for approval. Quotes will be called once approval is gained.

534 Designs for oval renovation $25,000

(1) Knox Park survey and concept design for floodlight design completed with detailed design for soccer pitches/ovals underway.

(2) Eildon Park surveyed.

535 Renewal of Tennis Courts $120,000

Budget will be utilised initially for cricket net renewals at Talaskia and Rowville Recreation Reserves with tennis court works to follow.

536 Parkland Asset Renewal $90,000

Planning work is underway for planting next autumn. 537 Bush Boulevard $20,000

This program will improve maintenance outcomes on existing Bush Boulevards including planting understory, weed removal and mulching. Works will commence in March.


538 Cricket Practice Net Renewal Program $100,000

Officer meeting on 1 February clarified that Talaskia Reserve and Seebeck Oval (Rowville) were top priorities for renewal. Designs nearing completion, clubs being consulted and quotes to follow.

539 Cricket Run-up Renewal $35,000

Couch grass being grown to repair wicket run-ups at Kings Park, Scoresby and Batterham Reserves in March.

540 Kelletts Road Duplication - Footpath Construction $152,682

Project completed. 541 Civic Centre Structural Works $2,000,000

Preferred contractor identified. Report prepared for CEO approval. 542 Rodney Street, Bayswater - Rehabilitation $65,000

Combined contract works with Phyllis Street and Susan Street. Contract awarded for May completion.

543 Llewellyn Park - Landfill Rehabilitation Works $201,750

Landfill gas monitoring consultant appointed. Installation of monitoring equipment completed.

544 Marie Wallace Oval - Spectator Shelters $0

Financial and security checks being undertaken on preferred contractor.

545 Lewis Park Pavilion Upgrade $150,000

State Government funding for additional storage and change room upgrade including female toilet refurbishment. Three options have now been prepared.


ALL WARDS

11.3 SUPPLEMENTARY VALUATIONS

SUMMARY: Coordinator–Property & Revenue Services (Ian Goullet)

This report summarises the effect of Supplementary Valuations returned as at 1 July 2012, 1 August, 2012, 1 September 2012,1 October 2012, 1 December 2012 and 1 January 2013 (SUPP ID’s 211, 212, 221, 222, 239, 246, 247, 248, 249, 250, 251, 252, 253, 255, 256, 261, 264, 265, 266, 267, 270 and 271).

RECOMMENDATION

That Council adopt the Supplementary Valuation adjustments 2012/2013 (SUPP ID’s 211, 212, 221, 222, 239, 246, 247, 248, 249, 250, 251, 252, 253, 255, 256, 261, 264, 265, 266, 267, 270 and 271) prepared and tabled under Section 13DF of the Valuation of Land Act 1960.

1. INTRODUCTION

As part of the ongoing valuation process Supplementary Valuations have been carried out on a number of properties. The Supplementary Valuations are as a result of subdivision, consolidation, the erection or removal of improvements, arithmetical or descriptive errors. The valuations returned are shown in the report as the Valuations as at 1 March 2013.

These Supplementary Valuations are undertaken and have been returned in accordance with Section 13DF of the Valuation of Land Act 1960.

2. DISCUSSION

The Supplementary Valuation return process is an ongoing process to ensure adjustments to properties continue to be accurately reflected in Council’s rating system.

Reports are presented to Council to reflect changes in property values throughout the financial year.

Depending on the nature or date of each individual supplementary valuation the effective date will vary. The supplementary valuations included in this report will be effective from 1 July, 2012, 1 August 2012, 1 September 2012, 1 October 2012, 1 December 2012 and 1 January 2013, being the date they were returned to Council.


11.3 Supplementary Valuations (cont’d)

The following tables set out the changes in valuations as a result of these Supplementary Valuation returns.

Valuations as at 1 July 2012 Site Value

$19,775,020,550 Capital Improved Value

$32,836,009,400 Net Annual Value $1,781,622,725

Adjustments Due To Supplementary Valuation Returns Site Value Capital Improved Value Net Annual Value

-$94,773,400 $145,219,700 $9,578,895

New Valuation Totals as at 1 March 2013 Site Value Capital Improved Value Net Annual Value

$19,680,247,150 $ 32,981,229,100 $1,791,201,620

Site Value – Represents the land value alone.

Capital Improved Value – Represents the combined value of land and any improvements. It is the basis on which rates are raised.

Net Annual Value – Represents the notional rental value of the improved property.

Whilst the rates can be effective from different dates the valuation is determined based on the level of valuation as at 1 January 2012.

Details of specific properties affected by these Supplementary Valuations are available upon request.

3. CONSULTATION

There is no requirement for any specific consultation in regards to this matter.


There are no environmental or amenity impacts as a result of this report.


The processing of Supplementary Valuations may create additional income for Council.

This particular Supplementary Valuation return, based on an increase in Capital Improved Value of $145,219,700 for the 2012/2013 financial year, has generated rates of $193,885.00.


11.3 Supplementary Valuations (cont’d)

The impact of the increased income in supplementary rates is progressively reported to Council during the year.


Regular processing of Supplementary Valuations ensures accuracy of Council records and thus Council rate charging is as equitable as possible.


Valuations and rating is part of Council’s governance responsibility in delivering the Knox Council Plan.

8. CONCLUSION

It is recommended that Council receive, approve and adopt the Supplementary Valuation Return(s) and relevant Statutory Declaration(s) of the Valuer as shown in Appendix A.

9. CONFIDENTIALITY

Confidentiality is not an issue in this instance.


That Council adopt the Supplementary Valuation adjustments 2012/2013 (SUPP ID’s 211, 212, 221, 222, 239, 246, 247, 248, 249, 250, 251, 252, 253, 255, 256, 261, 264, 265, 266, 267, 270 and 271) prepared and tabled under Section 13DF of the Valuation of Land Act 1960. CARRIED


APPENDIX A

TABLE 1

RETURN OF THE VALUER OVERALL VALUATION CHANGE

SUPPLEMENTARY REFERENCE ID

VALUER’S RETURN

DECLARATION DATE

SITE VALUE CAPITAL IMPROVED

VALUE

NET ANNUAL VALUE

SUPP ID 211 Sub-Div 1 July 2012 28,217,000 28,217,000 1,410,850

SUPP ID 212 CIV 1 July 2012 1,645,000 1,645,000 82,250

SUPP ID 221 CIV 1 July 2012 -8,901,900 33,732,000 3,475,800

SUPP ID 222 Sub-Div 1 July 2012 1,951,300 31,497,500 1,628,950

SUPP ID 239 CIV 1 August 2012 -1,467,500 19,419,000 928,500

SUPP ID 246 CIV 1 July 2012 97,000 -35,462,000 -2,190,600

SUPP ID 247 CIV 1 September 2012 -1,493,600 27,953,200 1,921,900

SUPP ID 248 Sub-Div 1 September 2012 805,500 32,169,000 1,625,500

SUPP ID 249 CIV 1 July 2012 0 0 0

SUPP ID 250 CIV 1 August 2012

205,400

1,917,000

169,600

SUPP ID 251Sub-Div 1 September 2012 134,000 93,000 6,550

SUPP ID 252 CIV 1 December 2012 -2,221,400 5,022,000 360,550

SUPP ID 253 Sub-Div 1 December 2012 5,964,000 30,429,000 1,521,450

SUPP ID 255 CIV 1 October 2012 -16,408,000 -20,043,500 -1,006,900

SUPP ID 256 CIV 1 October 2012 -93,828,000 -43,863,000 -2,193,150

SUPP ID 261 CIV 1 November 2012 -9,492,000 -11,921,000 -587,700

SUPP ID 264 CIV 1 January 2013 3,197,400 24,608,600 1,399,250

SUPP ID 265 CIV 1 January 2013 -2,974,600 10,709,900 571,245

SUPP ID 267 Sub-Div 1 January 2013 0 0 0

SUPP ID 270 Sub-Div 1 December 2012 -203,000 9,090,000 454,500


SUPPLEMENTARY REFERENCE ID

VALUER’S RETURN

DECLARATION DATE

SITE VALUE CAPITAL IMPROVED

VALUE

NET ANNUAL VALUE

SUPP ID 271 Sub-Div 1 December 2012 0 0 0

SUPP ID 266 CIV 1 January 2013 0 7,000 350

TOTAL -$94,773,400 $145,219,700 $9,578,895


12. MOTIONS FOR WHICH NOTICE HAS PREVIOUSLY BEEN GIVEN

Nil.

13. SUPPLEMENTARY ITEMS

Nil.

14. URGENT BUSINESS

14.1 URGENT BUSINESS MOVED: CR. PEARCE SECONDED: CR. LOCKWOOD That Councillor Pearce be permitted to raise an issue of Urgent Business relating to 3 Le John Street, Rowville. CARRIED MOVED: CR. PEARCE SECONDED: CR. HOLLAND That Council resolve to include as a special condition in the contract of sale of 3 Le John Street, Rowville “that the building on this site be demolished by the vendor prior to settlement”. CARRIED

14.2 CALL UP ITEMS

14.2.1 LIGHT EMITTING DIODE STREET LIGHTING MOVED: CR. GILL SECONDED: CR. COSSARI

That Council investigates the use of LED (Light Emitting Diode) street lighting in regard to:

• the standard of luminosity compared with current standards for street lighting;

• the environmental benefits in regard to energy usage and carbon emissions;


14.2 Call Up Items (cont’d)

14.2.1 Light Emitting Diode Street Lighting (cont’d)

• economic benefits in regard to life expectancy and cost benefit analysis relative to current forms of street lighting; and

• other identified benefits including safety, maintenance, operating costs and renewal costs.

That a report then be provided to the May 2013 Council meeting. CARRIED

15. QUESTIONS WITHOUT NOTICE

Councillor Orpen – My question is to the Director – Engineering and Infrastructure, Dr Ian Bell

There was a recent situation where a user of a shared use path near Koomba Park collapsed and required attendance by an Ambulance. My question is do Council’s bike paths provide for identification markers for emergency purposes?

The Director - Engineering and Infrastructure, Dr Ian Bell responded that it was his understanding the bike paths in Knox do have markers to assist with maintenance and management, however he was unsure as to whether these would be suitable for emergency management purposes. Dr Bell advised that he would take the question on notice and provide a response to all Councillors.

MEETING CLOSED AT 9.41PM

Minutes of Meeting confirmed at the Ordinary Meeting of Council

held on Tuesday 23 April 2013

………………………………… Chairman

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