minutes of ordinary meeting - 29 september 2014 · om261. minutes of ordinary council meeting of...

OM261

MINUTES OF ORDINARY COUNCIL MEETING OF THE FRANKSTON CITY COUNCIL HELD IN THE CIVIC CENTRE, DAVEY STREET, FRANKSTON

ON 29 SEPTEMBER 2014 at 7PM PRESENT Cr. Darrel Taylor (Mayor)

Cr. James Dooley Cr. Rebekah Spelman Cr. Glenn Aitken Cr. Sandra Mayer Cr. Suzette Tayler Cr. Michael O’Reilly

APOLOGIES: Cr. Brian Cunial

Cr. Colin Hampton ABSENT: Nil. OFFICERS: Mr. Dennis Hovenden, Chief Executive Officer

Mr. Tim Frederico, Director Corporate Development Dr. Gillian Kay, Director Community Development Mr. Vito Albicini, Director City Development Mr. Michael Papageorgiou, Manager Planning & Environment Ms. Fiona Johnstone, Coordinator Statutory Planning Ms. Michelle Tipton, Coordinator Council Business Support Ms. Vera Roberts, Officer Council Business Support

EXTERNAL REPRESENTATIVES:

Nil

COUNCILLOR STATEMENT

Councillor Spelman made the following statement:

“ All members of this Council pledge to the City of Frankston community to consider every item listed on this evening’s agenda:

• Based on the individual merits of each item; • Without bias or prejudice by maintaining an open mind; and • Disregarding Councillors’ personal interests so as to avoid any conflict with our

public duty.

Any Councillor having a conflict of interest in an item will make proper, prior disclosure to the meeting and will not participate or vote on the issue.”

Councillor Aitken entered the chamber at 7.01 pm

Chairperson’s initials

OM261

PRAYER

At the request of the Mayor, Councillors, officers and members of the gallery stood while Councillor Mayer read the Opening Prayer.

ACKNOWLEDGEMENT OF TRADITIONAL OWNERS

Councillor O’Reilly acknowledged the Boonerwrung and Bunurong peoples – the traditional custodians of the land on which we stand and recognised all Aboriginal and Torres Strait Islander peoples who have given to Australia’s identity – from the past, into the present and for the future.

MINUTE SILENCE

National Police Remembrance Day

The Mayor requested a one minute silence in recognition of Police Officers killed in the line of duty.


ORDINARY MEETING MINUTES 1 29 September 2014 OM261

1. PRESENTATION TO COMMUNITY GROUPS ................................................... 3

2. CONFIRMATION OF MINUTES OF PREVIOUS MEETING ............................... 3

Ordinary Meeting No. OM260 held on 8 September 2014. ................................. 3

3. APOLOGIES ....................................................................................................... 3

4. DISCLOSURES OF INTEREST AND DECLARATIONS OF CONFLICT OF INTEREST .................................................................................................... 3

5. PUBLIC QUESTION TIME.................................................................................. 3

6. HEARING OF PUBLIC SUBMISSIONS ............................................................. 3

7. ITEMS BROUGHT FORWARD .......................................................................... 4

8. PRESENTATIONS / AWARDS ........................................................................... 4

9. PRESENTATION OF PETITIONS AND JOINT LETTERS ................................. 4

10. CONSIDERATION OF TOWN PLANNING REPORTS ...................................... 5

10.1 Planning Permit Application 736/2013/P - To construct two (2) two storey dwellings and alterations to the existing three (3) storey dwelling (three (3) dwellings) - 114 Gould Street, Frankston.................................................................................................. 5

10.2 Planning Application 563/2013/P - 48-49 Nepean Highway, Seaford - To construct twelve (12) double storey dwellings and five (5) three storey dwellings (total of 17 dwellings), and alter access to a road in a Road Zone Category 1 ......................................... 11

10.3 August Town Planning Report ................................................................ 20

11. CONSIDERATION OF REPORTS OF OFFICERS ........................................... 21

11.1 Amendment to the Road Management Plan ........................................... 21

11.2 Prohibition of dogs in the Peninsula Aquatic and Recreational Centre Precinct (includes Skate Park and Retarding Basin) .................. 22

11.3 Draft Project Management Framework ................................................... 23

11.4 Frankston Tourism Destination Branding Program ................................. 24

11.5 Frankston Destination Development Plan .............................................. 25

11.6 Proposed Lease of Council Land for a Telecommunications Facility (Existing) - 50R Railway Parade Seaford (Seaford North Reserve) ................................................................................................. 26

11.7 Proposed adoption of Governance Local Law No1 ................................ 27

11.8 Delegated Powers, Closed Council Contract Decisions & Sundry Matters.................................................................................................... 28

11.9 Frankston Arts Board - Instrument of Delegation .................................... 29



12. NOTICES OF MOTION ..................................................................................... 30

12.1 NOM 1061 - Multi-cultural Express support ............................................ 30

12.2 NOM 1062 - Pines Pride Festival - Discretionary Fund .......................... 31

12.3 NOM1064 - Colour of Ho;pe 2014 Youth Art Exhibition .......................... 32

12.4 NOM1065 - Fundraiser for War Memorial High Tea ............................... 33

12.5 Notice of Motion 1063 - Long Island Tennis Club - reviving the Club ........................................................................................................ 34

13. LATE REPORTS .............................................................................................. 35

14. URGENT BUSINESS ........................................................................................ 35

15. CONFIDENTIAL ITEMS ................................................................................... 36

C.1 Appointment of New Members - Foreshore Advisory Committee ........... 36

C.2 Confidential Papers - Expiry of Confidential Period - FAC Best Service Value Review ............................................................................. 36

C.3 Outcomes of the Audit and Risk Management Committee meeting held on 23 May 2014 ................................................................ 36

C.4 Award of Contract 2014/15 - 7 - Langwarrin Men's Shed & Public Hall Upgrade ........................................................................................... 36



1. PRESENTATION TO COMMUNITY GROUPS Nil.

2. CONFIRMATION OF MINUTES OF PREVIOUS MEETING Ordinary Meeting No. OM260 held on 8 September 2014. Council Decision Moved: Councillor Taylor Seconded: Councillor Dooley That the minutes of the Ordinary Meeting No. OM260 held on 8 September 2014 copies of which had previously been circulated to all Councillors, be confirmed, approved and adopted.

Carried Unanimously

Councillor Aitken left the chamber at 7.03 pm Councillor Aitken entered the chamber at 7.05 pm

3. APOLOGIES

Council Decision Moved: Councillor Spelman Seconded: Councillor Mayer That the apologies be received and Councillors Hampton and Cunial be granted leave from the meeting.

Carried Unanimously

4. DISCLOSURES OF INTEREST AND DECLARATIONS OF CONFLICT OF INTEREST Nil.

5. PUBLIC QUESTION TIME One (1) person submitted questions to Council. At the request of the Mayor, the Chief Executive Officer (CEO) read the questions and answers to the gallery. The questions and answers are contained in Appendix.

6. HEARING OF PUBLIC SUBMISSIONS Ms. Virginia Jackson made a submission to Council regarding Item 10.1: Planning Permit Application 736/2013/P - To construct two (2) two storey dwellings and alterations to the existing three (3) storey dwelling (three (3) dwellings) - 114 Gould Street, Frankston.

Councillor Aitken left the chamber at 7.08 pm Councillor Aitken entered the chamber at 7.09 pm

Mr. Steven Pharr made a submission to Council regarding Item 10.2: Planning Application 563/2013/P - 48-49 Nepean Highway, Seaford - To construct twelve (12) double storey dwellings and five (5) three storey dwellings (total of 17 dwellings), and alter access to a road in a Road Zone Category 1.



7. ITEMS BROUGHT FORWARD Nil.

8. PRESENTATIONS / AWARDS

Council Decision Moved: Councillor Dooley Seconded: Councillor O'Reilly

That the Certificate of Appreciation from the Frankston Cancer Bag Group Inc, tabled by Councillor Dooley, be received.

Carried Unanimously

9. PRESENTATION OF PETITIONS AND JOINT LETTERS

Council Decision Moved: Councillor Aitken Seconded: Councillor Mayer That the petition regarding the urgent need for a footpath in Brighton Street containing 104 signatures be received.

Carried Unanimously

Council Decision Moved: Councillor Tayler Seconded: Councillor Aitken

That the petition from the Frankston Coast Guard – Regional Boating Facility with 2000 signatures be received.

Carried Unanimously



10. CONSIDERATION OF TOWN PLANNING REPORTS 10.1 Planning Permit Application 736/2013/P - To construct two (2) two storey

dwellings and alterations to the existing three (3) storey dwelling (three (3) dwellings) - 114 Gould Street, Frankston (AS Community Development)

Recommendation (Director Community Development) That Council resolves to issue a Notice of Decision to Grant a Planning Permit in respect to Planning Permit Application number 736/2013/P to construct two (2) two storey dwellings and alterations to the existing three (3) storey dwelling (three (3) dwellings) at 114 Gould Street Frankston, subject to the following conditions:

Plans Amended Plans 1. Before the development starts, amended plans to the satisfaction of the

Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the plans submitted with the application Burton & Carter Pty Ltd, Reference 10916, TP01-12, Revision A, February 2014 but modified to show:

(a) Front picket fence to follow the alignment of a 3 metre x 3 metre splay on the

corner of Mary and Gould Streets; (b) Existing traffic parking signs to be notated on the plans; (c) All trees growing on the site and on the adjoining properties within 3m of the

boundaries must be clearly illustrated on all relevant plans to demonstrate canopy width, trunk location and clearly labelled in accordance with the Arborist Report prepared by Greenwood Consulting P/L dated 27th June 2012 and state whether the tree is to be retained or removed;

(d) Tree protection zones for all trees to be retained and the tree protection fence locations must be illustrated in accordance with Condition 6;

(e) The notation “the proposed crossover to dwelling 2 to be constructed above the existing soil level”;

(f) A Construction and Environment Management Plan in accordance with Condition 8; and

(g) Landscaping plan in accordance with Condition 3. No Alteration or Changes 2. The development as shown on the endorsed plans must not be altered without the

prior written consent of the Responsible Authority.



Landscaping 3. Before the commencement of buildings and works, a landscape plan prepared by

a suitably qualified person must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and will then form part of the permit. The plan must be drawn to scale with dimensions and three copies must be provided. The plan must show:

(a) survey (including botanical names) of all existing vegetation to be retained

and/or removed; (b) buildings and trees (including botanical names) on neighbouring properties

within three metres of the boundary; (c) details of surface finishes of pathways and driveways, retaining walls and

areas of cut and fill; (d) The removal of all existing environmental weed species from the site; (e) All pathways provided must be permeable; (f) A planting schedule of all proposed trees, shrubs and ground covers,

including botanical names, common names, pot sizes, size at maturity and quantities of each plant;

(h) The location of each species to be planted and the location of all areas to be covered by grass, lawn or other surface material;

(i) The proposed planting must be provided at adequate planting densities e.g. plants with a mature width of 1.0 metre must be planted at 1.0 metre intervals;

(j) All plants are to be provided within defined mulched garden bed areas; (k) A planting theme of a 100% locally indigenous species; (l) A minimum of five (5) canopy trees that have a minimum mature height of

five metres provided in suitable locations across the site. The trees are to be provided at the advanced height of two (2) metres at the time of planting (unless otherwise agreed in writing by the Responsible Authority). Trees are not to be sited over easements. All species selected must be to the satisfaction of the Responsible Authority.

Prior to Occupation 4. The landscaping as shown on the endorsed landscape plan must be carried out

and completed to the satisfaction of the Responsible Authority before the occupation of the development and/or commencement of the use or at such later date as is approved by the Responsible Authority in writing.

5. Tree protection must be carried out in accordance with the Australian Standard AS 4970-2009 Protection of trees on development sites to the satisfaction of the Responsible Authority.

6. Prior to the commencement of the development (including vegetation removal), a

Tree Protection Fence defined by a 1.8 metre high (minimum) temporary fence constructed using steel or timber posts fixed in the ground or to a concrete pad, with the fence’s panels to be constructed of cyclone mesh wire or similar strong metal mesh or netting with a high visibility plastic hazard tape, must be installed at the tree protection zones of the street trees numbered 3, 5, 6, 7, 12,13, 14 at a radial distance of 2m, street trees number 4 at a radial distance of 4.8m and street tree no. 10 at a radial distance of 3m. The fence can be relocated for tree no. 7 to the edge of the proposed crossover. A tree protection fence must also be installed around any exiting tree to be retained on site as recommended in the arborist report prepared by Greenwood Consulting P/l dated 27th June 2014. All fences are to be installed to the satisfaction of the Responsible Authority. A fixed sign is to be provided on all visible sides of the Tree Preservation Fencing, stating



“Tree Preservation Zone – No entry without permission from Frankston City Council”.

The requirements below must be observed within this area - (a) Coarse mulch laid to a depth of 50-100 mm. (b) No vehicular or pedestrian access. (c) The existing soil level must not be altered either by fill or excavation. (d) The soil must not be compacted or the soil’s drainage changed. (e) No fuels, oils, chemicals, poisons, rubbish or other materials harmful to trees

are to be disposed of or stored. (f) No storage of equipment, machinery or material is to occur. (g) Open trenching to lay underground services e.g.: drainage, water, gas, etc.

must not be used unless approved by the Responsible Authority to tunnel beneath;

(h) Nothing whatsoever including temporary services wires, nails, screws or any other fixing device is to be attached to any tree.

(i) No building or any other structure is to be erected. (j) Tree roots must not be severed or injured. (k) Machinery must not be used to remove any existing concrete, bricks or other

materials. 7. All tree pruning is to be carried out by a qualified and experienced Arborist who

has a thorough knowledge of tree physiology and pruning methods. Pruning must be carried out in accordance with Australian Standard AS4373-2007 Pruning of Amenity Trees. If pruning works are to be undertaken then these works should be carried out prior to any construction works beginning on site. Any pruning of trees located on a neighbouring property should be undertaken in consultation with the property owner

Construction and Environment Management Plan 8. Prior to the commencement of buildings and works a Construction and

Environment Management Plan must be submitted to and approved by the Responsible Authority. When approved the plan will be endorsed to form part of the permit. Any plans submitted must be consistent with all other documents approved as part of this permit. The information must be drawn to scale with dimensions and three (3) copies must be provided. The Plan is to include details of the following: a) Contact Numbers of responsible owner/contractor including emergency/24

hour mobile contact details.

b) Identification of possible environmental risks associated with development works.

c) Response measures and monitoring systems to minimise identified environmental risks, including but not limited to acid sulphate soils, vegetation protection, fauna protection, runoff, erosion, dust, litter, noise and light.

d) Location and specifications of sediment control devices on/off site.

e) Location and specifications of surface water drainage controls.

f) Location and specifications of fencing for the protection of trees and/or vegetation as required by the permit.

g) Proposed drainage lines and flow control measures.

h) Location of all stockpiles and storage of building materials.

i) Location of parking for site workers and any temporary buildings or facilities.



j) Details to demonstrate compliance with relevant EPA guidelines.

k) Hours during which construction activity will take place.

Drainage 9. Provision of a Stormwater Detention System with a volume capable of retarding

the 10 year ARI flow from the development site back to a 5 year ARI pre-development value to the satisfaction of the Responsible Authority.

10. Prior to commencement of development construction detailed design plans and

drainage computations of the internal stormwater drainage system including the method of connection to the existing Council drainage infrastructure are to be submitted and approved to the satisfaction of the Responsible Authority.

11. Water Sensitive Urban Design principles (WSUD) are to be incorporated into the

drainage design, which may include but not be limited to the following components or a combination thereof: • On-site stormwater detention and rainwater tanks. • Soil percolation • Stormwater harvesting and Re-use of stormwater for garden watering, toilet

flushing, etc • On-site ‘bio-treatment’ to reduce dissolved contaminants and suspended

solids. 12. Vehicle crossing shall be constructed to Frankston City Council's standards and

specifications to the satisfaction of the Responsible Authority. 13. Prior to occupation of the dwellings hereby permitted by this permit starts, areas

set aside for parking vehicles, loading bays, access lanes and paths as shown on the endorsed plans must be :-

(a)Constructed to the satisfaction of the Responsible Authority; (b)Properly formed to such levels that they can be used in accordance with the plans; (c)Surfaced with an all-weather sealcoat; and (d)Drained and maintained to the satisfaction of the Responsible Authority.

Car spaces, access lanes and driveways must be kept available for these purposes at all times.

14. Where the development involves work on or access to Council controlled land

including roads, reserves and right of way, the owner, operator and their agents under this permit must at all times take adequate precautions to maintain works to the highest public safety standards, to the satisfaction of the Responsible Authority.

Precautions must include, appropriate signage to AS 1743 Road Works Signing Code of Practice, the provision of adequate barricading of works, including trenches of Service Authorities and any other road openings, sufficient to ensure public safety.

All relevant permits must be obtained from Council for works within the existing road reserves, in addition to the planning permit.



Urban Design 15. All works on or facing the boundaries of adjoining properties must be finished and

surface cleaned to a standard that is well presented to neighbouring properties in a manner to the satisfaction of the Responsible Authority.

16. Mailboxes shall be provided to the proposed dwelling/s to the satisfaction of the

Responsible Authority and Australia Post. 17. All plumbing work, sewer pipes etc. (except for spouting and stormwater pipes)

associated with the new dwelling shall be concealed from general view. 18. Outdoor lighting must be provided, designed, baffled and located to the

satisfaction of the Responsible Authority to prevent any adverse effect on neighbouring land.

Completion of Buildings and Works 19. Once the development has started it must be continued and completed to the

satisfaction of the Responsible Authority. Permit Expiry 20. This permit will expire if:

(a) The development has not commenced within two (2) years of the date of this permit.

(b) The development is not completed within four (4) years of the date of this permit.

In accordance with Section 69 of the Planning and Environment Act 1987, an application may be submitted to the Responsible Authority for an extension of the periods referred to in this condition.

Notes A. Any request for an extension of time, or variation/amendment of this permit

must be lodged with the relevant fee.

B. Prior to the commencement of construction the operator of this planning permit must obtain a non-refundable Asset Protection Permit from Frankston City Council’s Infrastructure Department.

C. Any request for time extension of this Permit shall be lodged with the relevant administration fee at the time the request is made. Pursuant to Section 69 of the Planning and Environment Act 1987 the Responsible Authority may extend the periods referred to if a request is made in writing within the following prescribed timeframes:

a) Before or within 6 months after the permit expiry date, where the use

or development allowed by the permit has not yet started; b) Within 12 months after the permit expiry date, where the development

allowed by the permit has lawfully started before the permit expires.

If a request is made out of time, the Responsible Authority cannot consider the request and the permit holder will not be able to apply to VCAT for a review of the matter.



Council Decision Moved: Councillor Spelman Seconded: Councillor Aitken That Council, having complied with Sections 52, 53, 60, 61 and 62 of the Planning and Environment Act 1987, resolves to issue a Refusal to Grant a Planning Permit in respect to Planning Permit Application number 736/2013/P to construct two (2) two storey dwellings and alterations to the existing three (3) storey dwelling (three (3) dwellings) at 114 Gould Street Frankston, subject to the following grounds:

1. The proposal does not respect the existing or preferred neighbourhood character for Neighbourhood Character Frankston 10 Precinct as detailed under Clause 22.08 Neighbourhood Character Policy due to the extent of site coverage and lack of landscaping opportunities.

2. The proposal fails to implement the design objectives of Clause 43.02 – Design and Development Overlay – Schedule 6.

3. The development proposal represents an overdevelopment of the site given the extent of hard paved areas and limited opportunities for landscaping.

4. The proposal fails to comply to with Standard B6 of Clause 55 - front setback requirements.

Carried

For the Motion: Crs Aitken, Dooley, Spelman and Taylor Against the Motion: Crs Mayer, O'Reilly and Tayler



10.2 Planning Application 563/2013/P - 48-49 Nepean Highway, Seaford - To construct twelve (12) double storey dwellings and five (5) three storey dwellings (total of 17 dwellings), and alter access to a road in a Road Zone Category 1 (NR Community Development)

Recommendation (Director Community Development) That Council, having complied with Sections 52, 53, 60, 61 and 62 of the Planning and Environment Act 1987, resolves to issue a Planning Permit in respect to Planning Permit Application number 563/2013/P to construct twelve (12) double storey dwellings and five (5) three storey dwellings (total of Seventeen (17) dwellings), and alter access to a road in a Road Zone Category 1. at 48-49 Nepean Highway, Seaford, subject to the following conditions:

Plans 1) Before the commencement of buildings and works, amended plans to the

satisfaction of the Responsible Authority must be submitted to be 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 (3) copies must be provided. The plans must be generally in accordance with the plans submitted with the application, but modified to show:-

a) Retention of tree 4 as identified in the Arborist Report prepared by Earth Design dated 6 June 2011, deletion of the sitting bench under the tree and provision of porous paving laid above a pH neutral substrate where the accessway and visitor car parking spaces encroach the tree protection zone of tree 4.

b) Dimensions of height of privacy screens and window sills above the finished floor level; and the provision of obscure glass to the western panel of the south facing first floor bedrooms of dwellings 14-17 to demonstrate compliance with Standard B22 of Clause 55.04-6 (Overlooking).

c) Reduction of landscaping by 500mm to the south of dwelling 4 and west of dwelling 17, and reduction of landscaping by 300mm to the east of dwelling 14 to improve access and turning for vehicles.

d) Increase of landscaping between dwellings 1 - 5 and 10 - 11 while maintaining adequate space for vehicles to turn and exit the site in a forward direction.

e) Convex mirror to the west of dwelling 17 to improve sightlines for vehicles at the accessway bend.

f) Detailed elevation plan for the feature stone fence facing Nepean Highway with timber palings replaced with merbu or other dress finish.

g) A fourth visitor car space between dwellings 15 and 16.

h) A Waste Services Management Plan (WSMP) providing for private waste collection, times and frequency of garbage collection, waste collection points, waste estimates with provision for recycling and general waste.

i) Landscape plan in accordance with condition 3.

j) Tree protection measures and location of tree protection fencing to be notated and illustrated on all relevant plans in accordance with Conditions 37-40.

k) Lighting in accordance with condition 43 of this permit.

l) Any changes required by CFA conditions 6-10, VicRoads conditions 12-15 and Melbourne Water conditions 16-26.



No Alterations 2) The development, as shown on the endorsed plans, must not be altered without the

written consent of the Responsible Authority.

Landscape Plan 3) Before the commencement of buildings and works, a landscape plan prepared by a

suitably qualified person must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and will then form part of the permit. The plan must be drawn to scale with dimensions and three copies must be provided. The plan must show:

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

b) buildings and trees (including botanical names) on neighbouring properties within three metres of the boundary,

c) details of surface finishes of pathways and driveways, retaining walls and areas of cut and fill.

d) a planting schedule of all proposed trees, shrubs and ground covers, including botanical names, common names, pot sizes, size at maturity and quantities of each plant;

e) A planting theme of 100% indigenous species.

f) At least 10 canopy trees to a minimum mature height of seven metres and a width of five metres (minimum two metres tall when planted).

Trees are not to be sited over easements.

All species selected must be to the satisfaction of the Responsible Authority.

Prior to Occupation 4) Before the occupation of any dwelling, all development including landscaping, as

shown on the endorsed plans, must be completed to the satisfaction of the Responsible Authority. The development and landscaping must thereafter be maintained to the satisfaction of the Responsible Authority at all times.

Construction and Environment Management Plan 5) Before the commencement of buildings and works, a Construction and Environment

Management Plan must be submitted to and approved by the Responsible Authority. When approved the plan will be endorsed to form part of the permit. Any plans submitted must be consistent with all other documents approved as part of this permit. The information must be drawn to scale with dimensions and three copies must be provided. The Plan is to include details of the following:

a) Contact Numbers of responsible owner/contractor including emergency/24 hour mobile contact details

b) Identification of possible environmental risks associated with development works

c) Response measures and monitoring systems to minimise identified environmental risks, including but not limited to creek protection, vegetation protection, fauna protection, runoff, erosion, dust, litter, noise and light.

d) Location and specifications of sediment control devices on/off site.

e) Location and specifications of surface water drainage controls.

f) Location and specifications of fencing for the protection of trees and/or vegetation as required by the permit.



g) Proposed drainage lines and flow control measures.

h) Location of all stockpiles and storage of building materials.

i) Location of parking for site workers and any temporary buildings or facilities.

j) Details to demonstrate compliance with relevant EPA guidelines.

k) Hours during which construction activity will take place.

l) Tree protection measures.

m) Any recommendations in the Stage A Risk Assessment – Coastal Acid Sulphate Soils prepared by Strata Geoscience and Environmental dated 16 December 2013.

CFA Defendable Space

6) Before the occupation of the dwellings starts, and at all times thereafter, vegetation on the land must be maintained to at least the following standard:

Inner Zone – extending from the dwelling to all property boundaries

a) Within 10 metres of a building, flammable objects such as plants, mulches and fences must not be located close to vulnerable parts of the building such as windows, decks and eaves.

b) Trees must not overhang the roofline of the building, touch walls or other elements of the dwelling.

c) Grass must be no more than 5 centimetres in height and all leaves and vegetation debris are to be removed at regular intervals.

d) Shrubs must not be planted under trees and separated by at least 1.5 times their mature height.

e) Plants greater than 10 centimetres in height at maturity must not be placed directly in front of a window or other glass feature.

f) Tree canopy separation of 2 metres and the overall canopy cover of no more than 15 per cent at maturity.

g) Tree branches below 2 metres from ground level must be removed.

Construction

7) A site assessment for the purpose of determining the bushfire attack level for the site has been considered as part of the application for the planning permit. The construction of the dwellings must be to a bushfire attack level of BAL-19 in accordance with the relevant sections to AS3959-2009.

Static water supply

8) Before the occupation of the development starts, a static water supply must be provided on the land and must meet all of the following requirements to the satisfaction of the Responsible Authority:

a) The water supply must have a minimum capacity of 10,000 litres that is maintained solely for fire fighting purposes.

b) The water supply must be stored in above ground water tank/s constructed of concrete, steel or corrugated iron.

c) All fixed above-ground water pipelines and fittings must be of non-corrodible and non-combustible materials.



d) The water supply outlet must incorporate a ball or gate valve to provide access to the water by the resident of the dwelling.

Access

9) The access way as shown on Proposed Ground Floor Plan – ref:TP03, Version B, dated 02/07/14, supplied by Bayland, must not be altered without consent of CFA.

Hydrants

10) Operable below ground hydrants meeting the requirements of Australian Standard 3952 Water supply-Spring hydrant valve for waterworks purposes, must be provided to the satisfaction of CFA and must:

a) Be located in the footpath reserve as indicated on Proposed Ground Floor Plan – ref: TP03, Version B, dated 02/07/14, supplied by Bayland.

b) Hydrants must be identified as specified in ‘Identification of Street Hydrants for Firefighting purposes’ available under publications on the Country Fire Authority web site (www.cfa.vic.gov.au).

c) Access to the hydrants must not be impeded by any obstacles e.g. bins, trees or garden beds.

Mandatory Condition – Maintenance of Bushfire Mitigation Measures

11) The bushfire mitigation measures forming part of this permit or shown on the endorsed plans, including those relating to construction standards, defendable space, water supply, and access, must be maintained to the satisfaction of the responsible authority and the relevant fire authority on a continuing basis. This condition continues to have force and effect after the development authorised by this permit has been completed.

VicRoads 12) Prior to the commencement of development, amended plans must be submitted to,

and approved by, VicRoads. The plans must be generally in accordance with Revision B of the plans submitted with the application (02/07/14) and amended to show:

a) A notation on the Landscape Concept Plan (TP11, Rev B) stating that ‘Landscaping not to exceed 900mm in height’ within the visibility splay area along the southern edge of the crossover.

b) The crossover design as shown on swept path analysis drawing Z2021ATR4 (7/07/2014).

c) Hockey stick line marking on the Nepean Highway carriageway to protect the ingress and egress movements to and from the land.

13) Landscaping must not exceed 900mm in height within that area demarcated as the visibility splay on the southern edge of the crossover within the land.

14) Vehicles must enter and exit the land in a forward direction at all times.

15) Prior to the occupation of the dwellings:

a) The redundant crossover is to be removed and wholly reinstated with kerb, channel, nature strip and footpath, at no cost to, and to the satisfaction of, the Responsible Authority and VicRoads.

b) The access and line marking is to be constructed to the satisfaction of, and at no cost to, VicRoads in accordance with the approved plans.


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


Melbourne Water 16) No polluted and / or sediment laden runoff is to be discharged directly or indirectly

into Melbourne Water's drains or watercourses.

17) Finished floor levels of the dwellings must be constructed no lower than 3 metres to Australian Height Datum (AHD).

18) Finished floor levels of the garages, storage areas, motorcycle and bicycle racks must be constructed no lower than 2.10 metres to AHD.

19) No buildings or structures are to be located within the drainage/waterway corridor that extends a minimum of 10 metres from the top of the bank of Kananook Creek or below the 1.55 metre contour, whichever is greater.

20) Imported fill must be kept to a minimum on the property and must only be used for the sub floor areas of the building garages and driveway ramps.

21) The open space areas within the property must be maintained at natural surface levels and no fill or retaining walls should be used in the development of this land.

22) Prior to the commencement of works, a detailed landscape plan for the rear 10 metres of the property must be submitted to Melbourne Water for written approval. The plan must show:

a) Details of surface finishes located on recreational pathways, maintenance access or any other pathways near the waterway.

b) a survey (including botanical names) of all existing vegetation to be retained and/or removed;

c) 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; and

d) Landscape treatment with specifications of products such as mulching, erosion control matting and rock beaching.

23) Any works or development (including vegetation removal) on the banks of the Kananook Creek requires separate approval from Melbourne Water.

24) Prior to the commencement of works, a separate application direct to Melbourne Water must be made for any new or modified storm water connection to Melbourne Water's Kananook Creek.

25) Prior to the issue of an Occupancy Permit, a certified survey plan, showing finished floor levels (as constructed) reduced to the Australian Height Datum, must be submitted to Melbourne Water to demonstrate that the floor levels have been constructed in accordance with Melbourne Water's requirements.

26) Prior to development, amended plans must be submitted to Council and Melbourne Water addressing Melbourne Water's conditions. Plans must be submitted with ground and floor levels to Australian Height Datum (AHD).

Infrastructure Requirements 27) Before the commencement of buildings and works, detailed design plans and

drainage computations of the internal stormwater drainage system including the method of connection to the existing Council drainage infrastructure are to be submitted and approved to the satisfaction of the Responsible Authority.

28) Provision of a Stormwater Detention System with a volume capable of retarding the 10 year ARI flow from the development site back to a 5 year ARI pre-development value to the satisfaction of the Responsible Authority.



29) Stormwater runoff must achieve the following objectives for environmental quality, as set out in the Urban Stormwater Best Practice Environmental Guidelines (CSIRO) 1999.

• 80% retention of the typical annual load of suspended solids;

• 45% retention of typical annual load of total phosphorous; and

• 45% retention of typical annual load of total nitrogen

Water Quality works within the development must be provided to achieve compliance with the above best practice standards to the satisfaction of the Responsible Authority.

30) No polluted and/or sediment laden runoff is to be discharged directly or indirectly into Council’s drains or watercourses.

31) Water Sensitive Urban Design principles (WSUD) shall be incorporated into the drainage design to the satisfaction of the Responsible Authority, which may include but not be limited to the following components or a combination thereof:

• Rainwater tanks for stormwater harvesting and re-use for toilet flushing, laundry use and landscape irrigation, etc.

• On-site stormwater detention. • On- site stormwater soil percolation and infiltration • On-site ‘bio-treatment’ to reduce dissolved contaminants and suspended solids.

32) Stormwater Drainage Outfall is to be constructed to the satisfaction of the responsible Authority.

33) Vehicle crossing shall be constructed to Frankston City Council's standards and specifications to the satisfaction of the Responsible Authority.

34) All disused vehicle crossings shall be removed and the area reinstated to kerb and channel and landscaped to the satisfaction of the Responsible Authority.

35) Before the dwellings are occupied, areas set aside for parked vehicles and access lanes as shown on the endorsed plans must be:-

a) Constructed to the satisfaction of the Responsible Authority;

b) Properly formed to such levels that they can be used in accordance with the plans;

c) Surfaced with an all-weather sealcoat to the satisfaction of the Responsible Authority; and

d) Drained and maintained to the satisfaction of the Responsible Authority.

Parking areas and access lanes must be kept available for these purposes at all times.

36) Where the development involves work on or access to Council controlled land including roads, reserves and rights of way, the owner, operator and their agents under this permit shall at all times take adequate precautions to maintain works to the highest public safety standards.

Precautions are to include, appropriate signage to AS 1743 road works signing code of practice, the provision of adequate barricading of works, including trenches of Service Authorities and any other road openings sufficient to ensure public safety.

All relevant permits are to be obtained from Council for works within the existing road reserves in addition to the Planning Permit.



Environment Requirements 37) Tree protection must be carried out in accordance with the Australian Standard AS

4970-2009 Protection of trees on development sites to the satisfaction of the responsible authority.

38) Before the commencement of buildings and works (including vegetation removal), a Tree Protection Fence defined by a 1.8 metre high (minimum) temporary fence constructed using steel or timber posts fixed in the ground or to a concrete pad, with the fence’s panels to be constructed of cyclone mesh wire or similar strong metal mesh or netting with a high visibility plastic hazard tape must be installed at a distance of 10m from the creek boundary and at a distance of 10m from the trunk of Tree 4 (and modified to the edge of the southern boundary of approved building footprint) to the satisfaction of the Responsible Authority. A fixed sign is to be provided on all visible sides of the Tree Preservation Fencing, stating “Tree Preservation Zone – No entry without permission from the City of Frankston”. The requirements below must be observed within this area to the satisfaction of the Responsible Authority:

a) No vehicular or pedestrian access.

b) The existing soil level must not be altered either by fill excavation.

c) The soil must not be compacted or the soil’s drainage changed.

d) Open trenching to lay underground services e.g.: drainage, water, gas, etc. must not be used unless approved by the Responsible authority to tunnel beneath. If approval is given a qualified arborist must be on site to oversee this process;

e) No storage of equipment, machinery or material is to occur.

f) No fuels, oils, chemicals, poisons, rubbish or other materials harmful to trees are to be disposed of or stored.

g) Nothing whatsoever, including temporary services wires, nails, screws or any other fixing device, is to be attached to any tree.

h) No building or any other structure is to be erected.

i) Tree roots must not be severed or injured.

39) A suitably experienced and qualified arborist must attend the site during site cut and excavation works within the defined tree protection zones of Trees 4 to ensure that all affected tree roots are managed correctly and to ensure any damaged or exposed tree roots are pruned cleanly and treated before covered with soil. All pruning tools and equipment utilised are to be cleaned for hygiene purposes, sharp and well maintained. All works must be undertaken to the satisfaction of the Responsible Authority.

40) All tree pruning is to be carried out by a qualified and experienced arborist who has a thorough knowledge of tree physiology and pruning methods to the satisfaction of the Responsible Authority. Pruning must be limited to carried out in accordance with Australian Standard AS4373-2007 Pruning of Amenity Trees and limited to formative pruning of no more than 10% of the canopy of trees to the satisfaction of the Responsible Authority.

Urban Design Requirements 41) All works on or facing the boundaries of adjoining properties must be finished and

surface cleaned to a standard that is well presented to neighbouring properties in a manner to the satisfaction of the Responsible Authority.

42) Mailboxes shall be provided to the proposed dwellings to the satisfaction of the Responsible Authority and Australia Post.



43) Lighting shall be provided within the development, and must not cause adverse impact on adjoining land, all to the satisfaction of the Responsible Authority.

44) All plumbing work, sewer pipes etc. (except for spouting and stormwater pipes) associated with the new dwellings shall be concealed from general view.

Completion of Buildings and Works 45) Once the development has started, it must be continued and completed to the

satisfaction of the Responsible Authority.

46) This permit will expire if one of the following applies:-

• The development is not commenced within two (2) years of the date of this permit;

• The development is not completed within four (4) 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

Permit Notes A Melbourne Water

The applicable flood level is 1.7 metres to Australian Height Datum (AHD).

If further information is required in relation to Melbourne Water's permit conditions shown above, please contact Melbourne Water on telephone 9679 7517, quoting Melbourne Water's reference 175389.

B Asset Protection Permit

Prior to the commencement of works, the operator of this Planning Permit must obtain a non-refundable Asset Protection Permit from Frankston City Council’s Infrastructure Department.

C Extension of Time

Any request for time extension of this Permit shall be lodged with the relevant administration fee at the time the request is made.

D Copy of Permit

Prior to the sale, transfer, assignment or other disposal of or leasing or parting with possession of any part of the land subject to this permit, a copy of the permit must be given to the purchaser, transferee, assignee, lessee, occupier or other person of that part.

Council Decision Moved: Councillor Aitken Seconded: Councillor Dooley That Council having complied with Sections 52, 53, 60, 61 and 62 of the Planning and Environment Act 1987, resolve to issue a Refusal to Grant a Planning Permit in respect to Planning Permit Application number 563/2013/P to construct twelve (12) double storey dwellings and five (5) three storey dwellings (total of 17 dwellings), and alter access to a road in a Road Zone Category 1 at 48-49 Nepean Highway, Seaford on the following grounds:

1. The proposal does not respect the existing neighbourhood character and preferred neighbourhood character and does not comply with Clause 22.08 – Neighbourhood Character Policy.



2. The proposal fails to implement the design objectives of Clause 43.02 – Design and Development Overlay – Schedule 6.

3. The proposed materials, colours and landscaping package has no regard for the coastal setting and therefore does not respect the coastal setting.

4. The proposal is an overdevelopment of the site.

5. The proposal has inadequate visitor parking provision as it does not comply with Council’s Multi-Dwelling Visitor Car Parking Guideline.

6. The proposal does not provide for the proper and orderly planning of the area.

Extension of Time Moved: Councillor Spelman Seconded: Councillor Mayer That Councillor Aitken be granted an extension of time.

Carried Unanimously

Deferral Motion to another Council Meeting Moved: Councillor Spelman Seconded: Councillor Tayler That the matter be deferred pending further discussions with the developers and that it be brought back to the next Council meeting.

Procedural Motion Moved: Councillor O'Reilly Seconded: Councillor Tayler

That the meeting be adjourned for five minutes. Carried Unanimously

Meeting resumed at 8.03 pm For the Motion: Crs Spelman and Tayler Against the Motion: Crs Aitken, Dooley, Mayer, O'Reilly and Taylor

The deferral was put And Lost

For the Motion: Crs Aitken, Dooley, Mayer, Spelman, Tayler and Taylor Against the Motion: Cr O'Reilly

The alternate motion was put And Carried



10.3 August Town Planning Report (NN Community Development)

Council Decision Moved: Councillor Mayer Seconded: Councillor Spelman That the report be noted.

Carried Unanimously



11. CONSIDERATION OF REPORTS OF OFFICERS 11.1 Amendment to the Road Management Plan

(LU City Development)

Council Decision Moved: Councillor Dooley Seconded: Councillor Mayer That Council:

1. Receives and notes the report; 2. Requests officers to commence the legislated amendment process (Regulation

304) in accordance with the Road Management (General) Regulations (2005) to implement the recommendations from the June 2013 review;

3. Nominates the 1 December 2014 (OM264) to hear public submissions on the Draft Road Management Plan in accordance with Section 223 of the Local Government Act (1989); and

4. Receives a further report in the first quarter 2015 (upon finalisation of the 2015 meeting schedule) to consider community submissions as to the appropriateness of the Draft Road Management Plan and endorses the proposed amendments to the current Road Management Plan (2007).

Carried Unanimously



11.2 Prohibition of dogs in the Peninsula Aquatic and Recreational Centre Precinct (includes Skate Park and Retarding Basin) (PM Community Development)

Council Decision Moved: Councillor Spelman Seconded: Councillor Mayer That Council adopts the order by resolution under Section 26 of the Domestic Animal Act 1994 to prohibit dogs from entering and/or remaining in the PARC Precinct (includes Skate Park and Retarding Basin).

Carried Unanimously



11.3 Draft Project Management Framework (CD City Development)

Council Decision Moved: Councillor Dooley Seconded: Councillor Tayler That Council:

1. Notes the Project Management Framework; and 2. Receives a further report to endorse the draft Project Management Framework in

November 2014.

Carried Unanimously



11.4 Frankston Tourism Destination Branding Program (AP Corporate Development)

Recommendation (Director Corporate Development) That:

1. Council notes the feedback provided by industry 2. Council endorses the Frankston tourism destination brand – ‘Frankston, Enjoy

Every Moment’.

Council Decision Moved: Councillor Mayer Seconded: Councillor Tayler

That: 1. Council notes the feedback provided by industry 2. Council endorses the Frankston tourism destination brand – ‘Frankston, Enjoy

Every Moment’. 3. Receives a report in twelve (12) months on the effectiveness of the new branding

including economic benefits and visitor numbers.

Carried Unanimously



11.5 Frankston Destination Development Plan (AP Corporate Development)

Recommendation (Director Corporate Development) That Council endorses the Frankston Destination Development Plan.

Council Decision Moved: Councillor Mayer Seconded: Councillor Tayler

That Council: 1. Endorses the Frankston Destination Development Plan.

2. Receives a report in twelve (12) months relating to the effectiveness of the plan.

Carried Unanimously



11.6 Proposed Lease of Council Land for a Telecommunications Facility (Existing) - 50R Railway Parade Seaford (Seaford North Reserve) (MC Corporate Development)

Council Decision Moved: Councillor Dooley Seconded: Councillor Mayer That:

1. Telstra Corporation Limited be advised that Council agrees in principle to the leasing of part of the Council land at 50R Railway Parade Seaford, being part of Lot 1 on Title Plan Number 414509, for a term of ten (10) years plus two five (5) year options, for the sum of $25,000 plus GST per annum, for the purposes of a Telecommunications facility, subject to: (i) satisfactory completion of statutory procedures for the leasing of Council land pursuant to s.190 of the Local Government Act 1989.

2. The Chief Executive Officer be authorised to commence the statutory procedures for the leasing of land including public notice.

Carried Unanimously



11.7 Proposed adoption of Governance Local Law No1 (MC Corporate Development)

Council Decision Moved: Councillor Mayer Seconded: Councillor Dooley That the Draft Governance Local law No 1 developed with Councillors and attached as Appendix * to this report be approved in principle and the Statutory process for making of the Local Law including public advertising be commenced.

Carried Unanimously



11.8 Delegated Powers, Closed Council Contract Decisions & Sundry Matters (KS Corporate Development)

Council Decision Moved: Councillor Dooley Seconded: Councillor Mayer That that information be received.

Carried Unanimously



11.9 Frankston Arts Board - Instrument of Delegation (RB Community Development)

Recommendation (Director Community Development) That Council approves the proposed Instrument of Delegation for the Frankston Arts Board.

Council Decision Moved: Councillor Mayer Seconded: Councillor Dooley That Council approves the proposed Instrument of Delegation for the Frankston Arts Board with the following amendments:

Set of guiding principles to include: - financial sustainability; - focus on creativity; and - visionary approach.

Carried Unanimously



12. NOTICES OF MOTION 12.1 NOM 1061 - Multi-cultural Express support

(AC Chief Executive Office)

Council Decision Moved: Councillor Mayer Seconded: Councillor Spelman

That Council accepts the supporting information from the Multi-Cultural Express requesting financial assistance for the 2014 Event and that the amount of $1,600 be given to the event from Cr Taylor’s Discretionary Fund to fund roving entertainers at the Frankston Station.

Carried Unanimously



12.2 NOM 1062 - Pines Pride Festival - Discretionary Fund (CM Chief Executive Office)

Council Decision Moved: Councillor Spelman Seconded: Councillor Dooley

“That Council accepts the application from the Pines Pride Committee requesting financial assistance of $1,000 for the Pines Pride Festival and that this amount be given from Cr Spelman’s Discretionary Fund.”

Carried Unanimously



12.3 NOM1064 - Colour of Hope 2014 Youth Art Exhibition (MT Chief Executive Office)

Council Decision Moved: Councillor Mayer Seconded: Councillor Aitken

“That Council accepts the email from Life Gate, requesting financial assistance for the Colour of Hope 2014 Youth Art Exhibition and that the amount of $1,150 be given to Life Gate from Cr Mayer’s discretionary fund.”

Carried Unanimously



12.4 NOM1065 - Fundraiser for War Memorial High Tea (MT Chief Executive Office)

Council Decision Moved: Councillor Tayler Seconded: Councillor Mayer “That Council accepts the email from the Women for War Memorial Group, requesting financial assistance for the War Memorial High Tea fundraiser and that the amount of $950 is taken from Cr Tayler’s Discretionary Fund.”

Carried Unanimously



12.5 Notice of Motion 1063 - Long Island Tennis Club - reviving the Club (AC Chief Executive Office)

Council Decision Moved: Councillor Aitken Seconded: Councillor Tayler That Council accepts the email from Roy Carter, President – Long Island Tennis Club, requesting financial assistance for costs towards new fencing and other expenses relating to reviving the Club and that the amount of $1,000 be given to the Long Island Tennis Club from Cr Taylor’s Discretionary Fund.

Carried Unanimously



13. LATE REPORTS Nil.

14. URGENT BUSINESS Nil.


Confidential Items 36 29 September 2014 OM261

15. CONFIDENTIAL ITEMS

Council Decision Moved: Councillor Aitken Seconded: Councillor Dooley

That the Ordinary Council Meeting be closed to the public to consider the following items which are of a confidential nature, pursuant to section 89(2) of the Local Government Act (LGA) 1989 for the reasons indicated:

C.1 Appointment of New Members - Foreshore Advisory Committee Agenda Item C.1 Appointment of New Members - Foreshore Advisory Committee is designated confidential as it relates to personnel matters (s89 2a)

C.2 Confidential Papers - Expiry of Confidential Period - FAC Best Service Value Review

Agenda Item C.2 Confidential Papers - Expiry of Confidential Period - FAC Best Service Value Review is designated confidential as it relates to Any other matter which the Council or special committee considers would prejudice the Council or any person (s89 2h)

C.3 Outcomes of the Audit and Risk Management Committee meeting held on 23 May 2014

Agenda Item C.3 Outcomes of the Audit and Risk Management Committee meeting held on 23 May 2014 is designated confidential as it relates to Any other matter which the Council or special committee considers would prejudice the Council or any person (s89 2h)

C.4 Award of Contract 2014/15 - 7 - Langwarrin Men's Shed & Public Hall Upgrade

Agenda Item C.4 Award of Contract 2014/15 - 7 - Langwarrin Men's Shed & Public Hall Upgrade is designated confidential as it relates to contractual matters (s89 2d)

Carried Unanimously


Confidential Items 37 29 September 2014 OM261

The meeting closed at 8.25 p.m. CONFIRMED THIS DAY OF 2014 ……………………………………………..

CHAIRPERSON

AUTHORITY TO STAMP INITIALS ON MINUTES I, Cr. Darrel Taylor, Chairperson – Council Meeting hereby authorise the use of a stamp of my initials to initial each page of these Minutes of the Council Meeting held on Monday, 29 September 2014, confirmed on Monday, 20 October 2014. …………………………………………………………… (Cr. Darrel Taylor, Chairperson – Council Meeting) Dated this day of 2014

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