proceedings at council meetings are controlled by the chairperson. the chairperson is empowered to...

MELTON CITY COUNCIL

Notice is hereby given that the Ordinary Meeting of the Melton City Council will be held in the Council Chamber, Civic Centre, 232 High Street, Melton on 4 February 2014 at 7.00pm.

THIS AGENDA CONTAINS REPORTS TO BE DEALT WITH AT A CLOSED MEETING OF COUNCIL

Kelvin Tori CHIEF EXECUTIVE

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

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

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

• Question time is available at every Ordinary Meeting to enable

members of the public to address questions to Council. All questions must be received by the Chief Executive Officer or other person nominated for this purpose no later than:

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

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

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

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

• It is an offence for any person to fail to obey a direction of the Chairperson relating to the conduct of the meeting and the maintenance of order. Penalty: 20 Penalty Units A penalty unit for a Local Law made under Part 5 of the Local Government Act 1989 is $100 in accordance with s110(2) of the Sentencing Act 1991.

ORDINARY MEETING OF COUNCIL 4 FEBRUARY 2014

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TABLE OF CONTENTS

1. OPENING PRAYER AND RECONCILIATION STATEMENT 4

2. APOLOGIES AND LEAVE OF ABSENCE 4

3. CHANGE TO THE ORDER OF BUSINESS 4

4. DEPUTATIONS 4

5. DECLARATION OF ANY PECUNIARY INTEREST, OTHER INTEREST OR CONFLICT OF INTEREST OF ANY COUNCILLOR 4

6. ADOPTION AND CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS 4

7. CORRESPONDENCE INWARD 5

7.1 PARLIAMENTARIAN AND DEPARTMENTAL LETTERS RECEIVED BY THE MAYOR 5 • Member for Melton, Don Nardella – 2014-2015 State Budget • Minister for Police and Emergency Services Minister for Bushfires

Response, Kim Wells MP – Victoria Police Bands • Minister for Roads, Hon Terry Mulder MP – Christies Road between the

Deer Park bypass and the Western Highway, Ravenhall • Department of Education and Early Childhood Development, Acting

Deputy Secretary, Andree Butler – Car parking issues at Exford Primary School.

8. PETITIONS AND JOINT LETTERS 12

9. RESUMPTION OF DEBATE OR OTHER BUSINESS CARRIED OVER FROM A PREVIOUS MEETING 12

10. PUBLIC QUESTION TIME 12

11. PRESENTATION OF STAFF REPORTS 13

11.1 AUTHORISATION OF AFFIXING THE COMMON SEAL OF COUNCIL 13 For Council to adopt the schedule of documents (Appendix 1) requiring the Common Seal of Council.


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11.2 EARLY YEARS PARTNERSHIP COMMITTEE MEETING MINUTES 28 NOVEMBER 2013 16 To present to Council the minutes of the Early Years Partnership Committee meeting held on 28 November 2013.

11.3 HERITAGE ADVISORY COMMITTEE MEETING 13 DECEMBER 2013 21 To consider the minutes of the Heritage Advisory Committee Meeting held on 13 December 2013.

11.4 DELEGATIONS OF AUTHORITY EXERCISED - 1 JULY 2013 TO 31 DECEMBER 2013 27 To advise Council of Delegations of Authority exercised for the period 1 July 2013 to 31 December 2013.

11.5 REG GEARY HOUSE CLOSURE 79 To advise Council on the latest discussion in regards to Reg Geary House.

11.6 ROAD DISCONTINUANCE - PART OF BOUNDARY ROAD, TRUGANINA 84 To advise Council of a request to discontinue part of an unused road reserve adjoining Boundary Road, Truganina, in accordance with the Local Government Act 1989.

11.7 PLANNING APPLICATION PA2013/4190 - DEVELOPMENT OF THE LAND WITH FIVE DWELLINGS CONSISTING OF TWO DOUBLE STOREY AND THREE SINGLE STOREY DWELLINGS AT 2 RIVETTE STREET, KURUNJANG 91 To consider a planning application for the construction of five dwellings consisting of two double storey and three single storey dwellings at 2 Rivette Street, Kurunjang.

11.8 MELTON PLANNING SCHEME - AMENDMENT C138 MOUNT COTTRELL WATER TANKS 106 To consider the preparation and exhibition of a section 96A Amendment to the Melton Planning Scheme to rezone land at 1665-1715 Mount Cottrell Road, Mount Cottrell for the use and development of part of the site for water tanks.

11.9 MELTON PLANNING SCHEME - AMENDMENT C154 BURNSIDE ACTIVITY CENTRE REZONING 176 To consider the preparation a Section 20(4) Amendment to the Melton Planning Scheme to rezone land at Burnside Activity Centre.

11.10DIGGERS REST - LOCAL AREA TRAFFIC MANAGEMENT STUDY REPORT 183 To present the final report for the Diggers Rest Local Area Traffic Management Study and the Diggers Rest Precinct Structure Plan Traffic Review to Council for adoption.


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12. REPORTS FROM DELEGATES APPOINTED BY COUNCIL TO OTHER BODIES 401

13. COUNCILLOR REPRESENTATIONS AND ACKNOWLEDGEMENTS 401

13.1 RECORD OF ASSEMBLY OF COUNCILLORS IN ACCORDANCE WITH SECTION 80A(1) OF THE LOCAL GOVERNMENT ACT 1989 402

13.2 PUBLIC ADDRESS BY EACH COUNCILLOR 404

14. NOTICES OF MOTION 405

14.1 NOTICE OF MOTION 372 (CR CUGLIARI) PEDESTRIAN CROSSING 405

15. COUNCILLOR’S QUESTIONS WITHOUT NOTICE 406

16. MOTIONS WITHOUT NOTICE 406

17. URGENT BUSINESS 406

18. CONFIDENTIAL BUSINESS 407

18.1 CONTRACT NO. 14/005 BULMANS ROAD ROUNDABOUT CONSTRUCTION AT SOVEREIGN BOULEVARD, MELTON WEST 408 To advise Council that the tender assessment for the Bulmans Road Roundabout Construction at Sovereign Boulevard, Melton West has been completed and a recommendation is presented to Council.

18.2 CEO'S REVIEW COMMITTEE REPORT 2013/2014 414 To inform the Council of the Review Committees periodical assessment for the Chief Executive Officer.

19. CLOSE OF BUSINESS 417


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1. OPENING PRAYER AND RECONCILIATION STATEMENT

The Chairperson will read the opening prayer and reconciliation statement. Prayer

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

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

2. APOLOGIES AND LEAVE OF ABSENCE

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

3. CHANGES TO THE ORDER OF BUSINESS

4. DEPUTATIONS

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

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

6. ADOPTION AND CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS

RECOMMENDATION: That the Minutes of the Ordinary Meeting of Council held on 17 December 2013 be confirmed as a true and correct record.


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7. CORRESPONDENCE INWARD

7.1 PARLIAMENTARIAN AND DEPARTMENTAL LETTERS RECEIVED BY THE MAYOR

• Member for Melton, Don Nardella – 2014-2015 State Budget

• Minister for Police and Emergency Services Minister for Bushfires Response, Kim Wells MP – Victoria Police Bands

• Minister for Roads, Hon Terry Mulder MP – Christies Road between the Deer Park bypass and the Western Highway, Ravenhall

• Department of Education and Early Childhood Development, Acting Deputy Secretary, Andree Butler – Car parking issues at Exford Primary School.

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

LIST OF APPENDICES 1. Correspondence from the Member for Melton

2. Correspondence from the Minister for Policy and Emergency Services

3. Correspondence from the Minister for Roads

4. Correspondence from the Department of Education and Early Childhood Development

ORDINARY MEETING OF COUNCIL Item 7.1 Parliamentarian and Departmental Letters received

by the Mayor Appendix 1 Correspondence from the Member for Melton

4 FEBRUARY 2014

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by the Mayor Appendix 2 Correspondence from the Minister for Policy and

Emergency Services

4 FEBRUARY 2014

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by the Mayor Appendix 2 Correspondence from the Minister for Policy and

Emergency Services

4 FEBRUARY 2014

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by the Mayor Appendix 3 Correspondence from the Minister for Roads

4 FEBRUARY 2014

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by the Mayor Appendix 4 Correspondence from the Department of Education

and Early Childhood Development

4 FEBRUARY 2014

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by the Mayor Appendix 4 Correspondence from the Department of Education

and Early Childhood Development

4 FEBRUARY 2014

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8. PETITIONS AND JOINT LETTERS

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

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

Nil.

10. PUBLIC QUESTION TIME


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11. PRESENTATION OF STAFF REPORTS

11.1 AUTHORISATION OF AFFIXING THE COMMON SEAL OF COUNCIL Author: Christie Shields- Governance Officer

Presenter: Peter Bean- General Manager Corporate Services

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

RECOMMENDATION: That the Council Seal be affixed to the documentation as detailed in the Schedule for Authorising of Affixing of the Common Seal of Melton City Council dated 4 February 2014 and appended to this report (Appendix 1).

REPORT

1. Executive Summary Documents requiring the Common Seal of Council to be affixed are detailed in Appendix 1.

2. Background/Issues Use of the Council Seal is required where Council as a body corporate is required to acquit a document or agreement for the purpose of performing its functions and exercising its powers. The Local Government Act 1989 prescribes that a Council must have a common seal, and that the common seal must –

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

(b) Be kept at the Council office; and

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

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

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

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

2.6 Ensure timely compliance with statutory and regulatory obligations.


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

5. Consultation/Public Submissions Not applicable.

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

7. Options Not applicable.

LIST OF APPENDICES 1. Schedule for Authorising of Affixing The Common Seal


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11.2 EARLY YEARS PARTNERSHIP COMMITTEE MEETING MINUTES 28 NOVEMBER 2013

Author: Leigh Cruickshank- Coordinator Early Years Partnerships Presenter: Maurie Heaney- General Manager Community Services

PURPOSE OF REPORT To present to Council the minutes of the Early Years Partnership Committee meeting held on 28 November 2013.

RECOMMENDATION: That the unconfirmed minutes of the Early Years Partnership Committee meeting of 28 November 2013 are noted as attached at Appendix 1.

REPORT

1. Executive Summary The Early Years Partnership Committee was established in 2011 to work collaboratively to monitor and evaluate the Municipal Early Years Plan 2010-2013 and more recently to provide input into the development of the Municipal Early Years Plan 2014-2017. The Committee is also responsible to develop, implement, monitor and evaluate the current Best Start Action Plan.

Committee membership is drawn from external partners who provide services to families and children within the City of Melton and community representatives. The Committee meets bimonthly, and attached are the minutes of 28 November 2013 meeting.

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

At the 28 November 2013 Committee meeting, the group received an overview from Rachel Podbury, from Centre for Community Child Health, Murdoch Children’s Research Centre on the update of the Blue Sky project.

The Committee was provided with a status update on the 2014-2017 Draft Municipal Early Years Plan (MEYP). Also provided to the Committee was an overview of the MEYP presentation to Council at the 26 November 2013 Council briefing, including the consultation process that was to occur in the coming months.

An overview of the outcomes of the Early Years Partnership and Best Start Working groups for 2013 was provided, as well as a review of the Partnership agreement, which resulted in minor changes to ensure ongoing consistency.

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


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

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

4. Financial Considerations Operational expenses that relate to the Early Years Partnership outcomes are accommodated within current budget process.

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

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

6. Risk Analysis Being regularly informed on Early Years Partnership activities assists Council in identifying any possible identified risk exposure to Council or providers.

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

LIST OF APPENDICES 1. Early Years Partnership Meeting Minutes 28 November 2013


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11.3 HERITAGE ADVISORY COMMITTEE MEETING 13 DECEMBER 2013 Author: Janelle McCallum- Planning Officer Presenter: Bob Baggio- Manager Planning

PURPOSE OF REPORT To consider the minutes of the Heritage Advisory Committee Meeting held on 13 December 2013.

RECOMMENDATION: That Council

1. Note the minutes of the Heritage Advisory Committee meeting held on 13 December 2013

2. Endorse the recommendations as detailed in the minutes of the Heritage Advisory Committee meeting held on 13 December 2013 (refer Appendix 1).

REPORT

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

At the 13 December meeting, the Heritage Advisory Committee primarily discussed the details of the events for Heritage Week 2014 and the Eynesbury Heritage Day, assessed the application received for the Heritage Assistance Fund, and welcomed a new member.

Council received one recommendation from the Heritage Advisory Committee from the meeting. This is to approve the Heritage Assistance Fund Application for the restoration works to the Norwood Naturalists Cabin totaling $4,150.00 from the annual Heritage Assistance Fund.

2. Background/Issues At its 13 December Meeting, the Committee:

• Welcomed a new member into the Committee, and noted the reappointment of two current members.

• Discussed and approved the events proposed for Heritage Week 2014.

• Discussed the Eynesbury Heritage Day and the Heritage Award 2014.

• Discussed and made recommendations to Council on the recipient of the Heritage Assistance Fund. Only one application to the Heritage Assistance Fund was received for the ‘Norwood Naturalist Cabin’. The application was for a total amount of $4,150.00 from the Fund with the applicant matching the funds sought from the Heritage Assistance Fund. The Committee reviewed and discussed the assessment of the application undertaken by the Heritage Advisor and agreed that the funding application fulfilled the


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assessment criteria. It was noted that the proposed works will ensure the continued preservation of this important structure and it was recognised that the restoration works that the applicants had undertaken last year were of a high quality.

The minutes outline a number of actions for the Committee members and only one recommendation for Council to adopt which is: • Approve the Heritage Assistance Fund Application for the restoration works to the

Norwood Naturalists Cabin totaling $4,150.00 from the annual Heritage Assistance Fund.

The acquittal of the Heritage Assistance funds allocated will be reported back to Council in future Heritage Advisory Committee minutes.



2.3 Facilitate community engagement in planning and decision making

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

5. Consultation/Public Submissions Not applicable.

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

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

LIST OF APPENDICES 1. Appendix 1 - Heritage Advisory Committee meeting minutes 13 December 2013


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11.4 DELEGATIONS OF AUTHORITY EXERCISED - 1 JULY 2013 TO 31 DECEMBER 2013

Author: Christie Shields- Governance Officer Presenter: Peter Bean- General Manager Corporate Services

PURPOSE OF REPORT To advise Council of Delegations of Authority exercised for the period 1 July 2013 to 31 December 2013.

RECOMMENDATION: That the report be received for information.

REPORT

1. Executive Summary Delegations exercised for the period 1 July 2013 to 31 December 2013 are detailed in Appendices 1, 2 and 3.

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

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

1. This power of delegation; and

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

3. The power to borrow money; and

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

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

6. Any prescribed power.

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

Attached as Appendices 1, 2 and 3 are the delegations for the period 1 July 2013 to 31 December 2013. They are set out in three categories, General, Planning and Building.



2.6 Ensure timely compliance with statutory and regulatory obligations.


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4. Financial Considerations There are no financial considerations regarding this report.

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

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

7. Options There are no options in consideration of this item.

LIST OF APPENDICES 1. Delegations Exercised

2. Planning

3. Building


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11.5 REG GEARY HOUSE CLOSURE Presenter: Maurie Heaney- General Manager Community Services

PURPOSE OF REPORT To advise Council on the latest discussion in regards to Reg Geary House.

RECOMMENDATION: That:

1. Council receive and acknowledge the letter of advice from Western Health (Appendix 2).

2. Council officers undertake a full asset review of the Reg Geary House facility with a report to be presented back to Council at a future meeting.

3. Council officers obtain legal advice in relation to the property reverting back to Council under the lease arrangements.

4. Appropriate security arrangements to be put in place to ensure the building is maintained in a safe and secure state.

REPORT

1. Executive Summary Reg Geary House is a nursing home that is currently operated by Western Health and is situated in Pinnacle Crescent, Brookfield. The nursing home is a thirty (30) bed high care facility that has been in operation for approximately 18 years. Council has been advised by Western Health of its intent to cease operation of the nursing home and to hand back the asset to Council early in 2014.

This report provides an overview on background into Reg Geary House and provides a number of recommendations to Council for consideration.

2. Background/Issues Reg Geary House is a current high care nursing home situated in Pinnacle Crescent, Brookfield (refer Appendix 1 for location map). Council is the owner of the land, which has been supported by a title search. Council in 1995 entered into a Lease with North West Hospital at the time, for the land, with a commitment and a purpose to build a thirty (30) bed high care nursing home.

The term of the Lease was for fifty (50) years. A variation of the Lease was enterd into on 4 December 2001 for the purpose of an entry driveway and adjacent car park for the nursing home. The Chief Executive Officer and General Manager Community Services were approached by Western Health and were advised of Western Health’s intention to close Reg Geary House effectively by 30 June 2014. Council is advised by Western Health that the changes are a result of a very small size of the service, with only thirty (30) beds and will soon be unable to meet stringent accreditation standards of the Commonwealth.

After discussions, there was a commitment from Western Health to seek interest to other providers within the aged care industry, to see if there was any interest to utilise the facility in


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its current capacity or even to extend the facility for the purpose of a nursing home or similar use.

On 7 January 2014 Council received written correspondence (refer Appendix 2) from Western Health indicating that Western Health are finalising plans for the residents of Reg Geary House to transition into other accommodation by the end of March 2014. Council was also advised of Western Health’s intent to hand the facility the facility back to Council once decommissioning of the facility is finalised.

Council was approached by a residents group (Friends of Reg Geary House) that were also advocating to retain the facility and services in its current form and use. Council provided an opportunity for Friends of Reg Geary House residents group along with local member Mr Don Nardella, to meet the Mayor Cr Bob Turner, Deputy Mayor Cr Sophie Ramsey and Maurie Heaney General Manager Community Services, where officers provided an overview of the facility and the lease arrangements that were in place with Council and Western Health.

There was also a meeting that was held at Western Health premises in Sunshine on 12 December 2013, with Western Health’s Chairman of the Board The Hon Mr Ralph Willis AO , Russell Harrison Acting Chief Executive, Melton City Council’s Mayor Cr Bob Turner, General Manager Community Services and the Friends of Reg Geary House. This was an opportunity for the Friends of Reg Geary House to advocate to Western Health and put forward their point of view to retain the facility in its current shape and form, and to voice their disappointment to Western Health on their intent to cease the operation of the facility and the services provided to the community.

Officers have scheduled a time with Western Health to tour the facility at the end of February 2014. Once this has occurred and pending the Council recommendation, the intent is then officers also will carry out a full asset review of the facility with a future report to be presented to Council. Officers will also secure the building in a safe and secure state, potentially with surveillance and security patrols.



2.5 Advocate in the best interests of our community and region

4. Financial Considerations Once Western Health have fully decommissioned Reg Geary House, the asset, Council will be required to allocate some additional expenditure to keep the building in a safe and secure state. Any future asset improvements will be subject to the asset review and budget process.

5. Consultation/Public Submissions The following consultation has occurred:

• Consultation occurred with the Friends of Reg Geary House residents group and local state member Mr Don Nardella.

• There has been a number of external conversations with residents that reside around the perimeter of Reg Geary House, enquiring about Council’s intended future use of the facility.


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• Further consultation occurred with Friends of Reg Geary House, Western Health senior staff and Chairman of the Board The Hon Mr Ralph Willis, at Western Health offices on 12 December 2013.

6. Risk Analysis Nil

7. Options Council has the following options:

1. Endorse the recommendations in this report.

LIST OF APPENDICES 1. Reg Geary House location map

2. Western Health's letter of advice


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11.6 ROAD DISCONTINUANCE - PART OF BOUNDARY ROAD, TRUGANINA Author: Claire Bickerstaff- Senior Major Developments Planner

Presenter: Bob Baggio- Manager Planning

PURPOSE OF REPORT To advise Council of a request to discontinue part of an unused road reserve adjoining Boundary Road, Truganina, in accordance with the Local Government Act 1989.

RECOMMENDATION: That:

1. Council advertise and invite submissions in accordance with Section 223 of the Local Government Act 1989, the intention to discontinue part of an unused road reserve Boundary Road, road reserve - R2.

2. Any submissions received in regard to the proposal will be considered by Council’s Section 223 committee at a date to be determined.

3. Should no submissions be received, Council discontinue part of an unused road reserve - R2 on PS62752K.

4. Council sign and seal all documents relating to the discontinuance of the unused road reserve.

5. Council receive a subsequent report on the disposal of the land.

REPORT

1. Executive Summary Council has received a request to investigate the discontinuance of part of a road reserve identified as R2 on Plan of Subdivision PS62752K.

The road reserve is currently unmade and unused. It was created as part of Stage 11 of the West Park industrial estate, and intended to function as a service road for two lots that have frontages to Boundary Road (refer Appendix 1).

Subsequently, it has been determined that a service road is not required in this location, as the two adjoining lots have access via Andretti Court within the West Park industrial estate.

The land is no longer required for a service road, and therefore it is considered appropriate to discontinue the road reserve.

2. Background/Issues Council has received a request from the owner of 9 & 17 Andretti Court, Truganina, Australand Holdings Pty Ltd, to commence the process to discontinue a road reserve that adjoins the land.


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The road reserve is identified as R2 on Plan of Subdivision 62752K (refer Appendix 2). The road reserve was created as part of Stage 11 of the West Park industrial estate under Planning Permit PA2006/1086.

At the time the permit was issued, the land was owned by the developer, and was vested in Council to allow for a service road to be constructed off Boundary Road to provide access for the two lots.

The industrial estate has subsequently been developed, and access to the two lots has been provided at Andretti Court. Planning permits for the development of warehouses on each lot have been issued, however construction has not yet commenced on site.

There is no need to retain this road reserve as it is no longer required for its original purpose of providing access for Lots 196 and 197 from Boundary Road.

If Council chooses to discontinue the road reserve, the land will be created as a separate lot.

A further Council report will subsequently be presented regarding the next steps for disposal of the land. This will likely be to the adjoining landowners who can incorporate the land into the adjoining lots.


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

1.1 Strategically plan for a well designed and built City

4. Financial Considerations The landowner who requested the discontinuance will pay Council’s legal or administrative costs associated with the discontinuance.

5. Consultation/Public Submissions In accordance with Section 189 and 223 of the Local Government Act 1989, Council is required to give public notice of its intentions to discontinue a road and invite submissions from affected parties.

6. Risk Analysis It is considered that there are minimal risks to Council in seeking to discontinue the road reserve. The lots which adjoin the reserve have current access to their land via Andretti Court.

7. Options There are two options available to Council in relation to the request from the adjoining landowner to discontinue the unused road reserve. Option 1: Council resolve to commence the process to discontinue the unused road reserve to create a separate lot.

Option 2:


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Council could choose to not proceed with the discontinuation of the unused road reserve as requested by the adjoining landowner.

LIST OF APPENDICES 1. Appendix 1 - Locality Plan

2. Appendix 2 - Plan of Subdivision


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11.7 PLANNING APPLICATION PA2013/4190 - DEVELOPMENT OF THE LAND WITH FIVE DWELLINGS CONSISTING OF TWO DOUBLE STOREY AND THREE SINGLE STOREY DWELLINGS AT 2 RIVETTE STREET, KURUNJANG

Author: Joseph Oyelowo- Development Planner Presenter: Bob Baggio- Manager Planning

PURPOSE OF REPORT To consider a planning application for the construction of five dwellings consisting of two double storey and three single storey dwellings at 2 Rivette Street, Kurunjang.

RECOMMENDATION: That Council issue a Notice of Decision for the above proposal subject to the following conditions:

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 but modified to show: (a) The on-site detention system.

(b) 2.5m wide drainage and sewerage easement located along the western boundary of

the proposed development.

(c) Width of proposed vehicle crossing at the kerb must be 5.5m and at lot boundary to be 3.5m.

(d) Council assets such as drainage pits located within road reserve.

(e) Various materials, colours and glazing to enhance the individual sense of address to each dwelling when viewed from the street.

(f) Bedroom 1 window (north elevation Dwelling 1) to satisfy the requirements of

Clause 55.04-6 (Overlooking Objective). 2. Before the development starts, a landscape plan prepared by a person suitably qualified or

experienced in landscape design 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) Location and identification of all proposed plants. (b) 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.

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

removed.


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

(e) Details of surface finishes of pathways and driveways.

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

3. The development as shown on the endorsed plans must not be altered without the written

consent of the Responsible Authority.

4. The maximum storm water discharge rate from the proposed development is 9.14 litres per second. An on-site stormwater detention system will need to be installed in accordance with plans and specifications to be submitted to Council’s Engineering Services Unit Att: Infrastructure Planning Coordinator for approval. The following design parameters for the on-site detention system shall be used: (a) Time of Concentration for the catchment: Tc = 23.0 min (b) Travel time from the discharge point to the catchment outlet: Tso = 14.2 min (c) Weighted coefficient of runoff at the initial subdivision: Cw = 0.45

5. The proposed vehicle crossings must be constructed to a residential standard in accordance with Council’s Standard Drawings. A vehicle crossing permit shall be obtained from Council prior to construction.

6. All disused or redundant vehicle crossings must be removed and the area reinstated to kerb and channel to the satisfaction of the Responsible Authority.

7. Stormwater must not be discharged from the site other than by means of an underground pipe drain discharged to a legal point of discharge to the satisfaction of the Responsible Authority.

8. Prior to the covering of the on-site detention system, the developer must contact Council’s

Engineering Department to organise an inspection of the works.

9. All existing works affected by the development works shall be reinstated at no cost and to the satisfaction of the Responsible Authority.

10. No permanent structure is to be located above an easement unless approval is granted by the Responsible Authorities.

11. Construction activities must be managed so that the amenity of the area is not detrimentally

affected, through the: (a) Transport of materials, goods or commodities to or from the land.

(b) Inappropriate storage of any works or construction materials.

(c) Hours of construction activity. (d) Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam,

soot, ash, dust, waste and storm water runoff, waste products, grit or oil.

(e) Presence of vermin.

12. The walls on the boundary of the adjoining properties must be cleaned and finished to the


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satisfaction of the Responsible Authority. 13. The following must be undertaken to the requirements and satisfaction of the Responsible

Authority prior to the occupation of any of the dwellings hereby permitted:

(a) The landscaping works as described on the endorsed plan are completed and thereafter maintained.

(b) Drainage from all new dwellings is directed to the approved legal point of discharge.

(c) The development is connected to reticulated water supply, sewerage, drainage and underground electricity to the requirements of the relevant servicing authority.

(d) The car parking and driveway areas have been constructed with concrete or asphalt

in accordance with the endorsed plan.

(e) Any vehicle crossings are constructed in accordance with Melton City Council Standards. A vehicle-crossing permit needs to be obtained prior to construction.

(f) Any unused vehicle crossings are removed and the area reinstated.

14. This permit will expire if one of the following circumstances applies: (a) The development is not commenced within two years of the date of this permit.

(b) 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 or within six months of the relevant expiry date.

NOTES: The building must comply with the Building Regulations and the Building Code of Australia.

All drains contained within the allotment, except in drainage easements, shall remain the property of the landowners and shall not be taken over by Council for future maintenance.

All vehicle pathways contained within the allotment, other than stated in this permit, shall remain the property of the landowners and shall not be taken over by Council for future maintenance.

Relevant permits, including but not limited to a road opening permit will be required from Council prior to development.

The proposed vehicles crossings must have clearance from public light poles, street sign poles, other street furniture and traffic management devices.

REPORT

1. Background

Executive Summary

Application No.: PA2013/4190 Applicant: Richard Vella


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• It is proposed to construct five dwellings consisting of two double storey and three single storey dwellings on the subject land.

• The site is within the Residential 1 Zone and is not affected by any overlay.

• Seven objections have been received.

• The proposal is considered to generally meet the relevant requirements of the Council’s Planning Scheme.

• Approval is recommended.

The Land and Surrounding Area The subject site has an area of 1279m² and is located on the corner of Rivette Street and Dalray Crescent in Kurunjang. Other features of the site and locality are as follows:

• The site is regular in shape and currently vacant.

• The site is located near an existing bus route (Route 458) which links Kurunjang with the Melton Town Centre in High Street and the Woodgrove Shopping Centre.

• The site is also located within walking distance of the open space reserve on Glencoe Crescent and within a 7km radius from existing retail areas and community facilities such as schools.

• Melton South Train Station is located approximately 5.5km from the site.

The surrounding area can be characterised as a developing residential neighbourhood. Surrounding lots range from 600m² to 2040m², typically with homestead and contemporary style dwellings. The predominant housing type in this area is single storey detached dwellings interspersed with vacant lots. Within the wider area there are examples of double storey dwellings and dwellings on smaller lots. The housing styles in the immediately area are predominantly of brick veneer cladding with a pitched roof construction. A combination of hipped and gable roof design with an outer layer of concrete roof tiles are generally used. Rendered feature elements and eaves are also consistent within the area. Refer to Appendix 1 for a locality plan.

The Application The application proposes the construction of five dwellings consisting of two double storey and three single storey dwellings.

The proposed development can be summarised as follows:

• Dwellings 1 and 2 will have a presentation to Rivette Street while Dwellings 3, 4 and 5 front onto Dalray Crescent.

• The design of the dwellings is of a contemporary architectural style with the first floor articulated from the ground floor.

• External materials will comprise a combination of face brickwork, render and concrete tile roofing.

• Garages and a tandem car space will be provided to each dwelling.

Refer to Appendix 2 for plans of the proposal.


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Planning Controls The land is within the Residential 1 Zone. Under the Zone provisions, a permit is required for the construction of more than one dwelling on the land, pursuant to Clause 32.01-2 of the Planning Scheme. There are also a number of State and Local Planning Policies that are relevant to the application, and are outlined below. The Settlement policy at Clause 11 of the Melton Planning Scheme recognises the need to encourage higher density housing in and around activity centres, which are designed to fit in the context and enhance the character of the area. The policy also recognises the need to consider the opportunities for the consolidation, redevelopment and intensification of existing urban areas. The Housing diversity policy at Clause 16.01-4 of the Melton Planning Scheme encourages the need to improve housing choice and increasing residential densities in urban areas, whilst recognising the need for new developments to respect existing and preferred neighbourhood character. The Municipal Strategic Statement (MSS) locates the subject land within ‘Melton Township’ which encourages higher density housing to be developed in areas in close proximity to shopping, public transport, educational facilities and open space especially the Melton Railway Station. The Local Planning Policy for Residential Land Use (Clause 22.01) in the Melton Planning Scheme has as objectives to: • Encourage the provision of a diverse range of housing options that meets the needs of

current and future residents. • Encourage energy efficiency in housing and subdivision designs. • Clearly identify future development directions and patterns. • Ensure new residential development is integrated with existing urban areas (by road,

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

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

incomes.

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

• Must meet all of the objectives

• Should meet all of the standards.

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



1.1 Strategically plan for a well designed and built City.


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3. Financial Considerations No Council related financial considerations are involved with the application.

4. Consultation/Public Submissions

Public notification of the application The application was required to be advertised. The advertising was satisfactorily completed and seven objections were received. The grounds of objection may be summarised as follows: • Neighbourhood character – The development is not in keeping with the surrounding

properties. The neighbourhood consists of large houses with spacious outdoor living. • Overdevelopment – Five dwellings on one lot is not appropriate for this area. The area

has large size lots with large homes on them. The proposed development will create smaller size lots.

• Overlooking – The double storey nature of the dwellings would give the occupants the ability to observe the rear yard of the land adjacent the subject site.

• Increase in traffic and noise – Potential for greater than normal traffic levels on a daily basis resulting in increased traffic noise.

• Approval of this application potentialy will set a precedent for future developments of units in the neighbourhood.

• Concerned with the type of possible tenant the dwellings will appeal to and be leased to if rented out.

• Diminish the value of properties.

Referral of the application Internal Engineering Department

No objection subject to standard conditions.

Urban Design Provided comments that in order to maintain consistency with surrounding residential properties individual sense of identity, there is a need to add to each dwelling its own sense of address through the use of different materials, colours and glazing.

5. Issues

Planning Assessment It is considered that the main planning issues with the application are whether the proposed development is respectful of the character of the surrounding area, whether the proposal provides a reasonable standard of amenity, and is it responsive to the site and neighbourhood.

Neighbourhood and Streetscape Character Council in considering this application essentially needs to be satisfied that this type of development is respectful of the character of the surrounding area taking into account the existing and proposed building form.


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As previously mentioned, the area surrounding the subject site largely comprises single detached dwellings on conventional or larger size lots. A number of vacant lots (including the subject land) remain interspersed throughout the area.

From a streetscape perspective, Dwellings 1 and 2 front onto Rivette Street while Dwellings 3, 4 and 5 will front onto Dalray Crescent. All the dwellings will be detached. The fact that the dwellings are detached will ensure that there is some form of consistency with prevailing development in the locality and will give each of the proposed dwellings a distinct sense of address when viewed in the wider streetscape. It should also be noted that four permits have been issued for either multi-dwelling or multi-lot developments (one of these at the direction of VCAT) on vacant lots in the surrounding area. All of these permits are still valid. Further, Council is currently dealing with five planning applications for multi-dwelling developments in the surrounding area, in addition to the current application.

ResCode The application has been assessed against the objectives and standards of Clause 55 (ResCode) of the Melton Planning Scheme. It is considered that the development meets most of the objectives and standards of ResCode. There are some minor areas of non-compliance, which are not fatal to the application, and can easily be achieved by requiring the submission of amended plans prior to the commencement of the development. These are elaborated on below:

Landscaping Objective – Landscape design should specify landscape themes, vegetation location and species, paving and lighting. Indicative location of the vegetation has been shown on the plans submitted, however, there are no detailed landscape plans showing the schedule of species proposed. This can be addressed via a condition on permit. Overlooking Objective – This objective seeks to limit views into existing secluded private open space and habitable room windows. Bedroom 1 window (Dwelling 1) on the northern elevation has the potential for overlooking into existing secluded private open space of the adjoining property to the north. The use of highlight windows and/or obscure glazing will address this issue. Again, this can be achieved via the imposition of appropriate permit conditions.

Dwelling Entry Objective – This objective seeks to provide each dwelling or residential building with its own sense of identity. While each dwelling entry provides shelter and is easily identifiable from the street, there is a need to add to the individual sense of address to each dwelling through the use of different materials, colours and glazing. It is considered that the proposed development will provide acceptable boundary setbacks, a more effective solar orientation for living areas, adequate areas of private open space and areas for landscaping along the front and rear boundary (including an ability to plant larger spreading canopy trees in the private open space areas). The provision of the required number of on-site car spaces in a garage and in tandem is provided for each dwelling. Whilst the proposal will present a higher density development than is generally evident in the locality, the proposal is generally consistent with relevant State and Local Planning Policies and objectives of the Residential One Zone and requirements of Clause 55 of the Melton Planning Scheme. It is therefore recommended that the application be approved.


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6. Options Council can either support the application by issuing a Notice of Decision to Grant a Permit or not support the proposal by issuing a Notice of Refusal.

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

It is considered that the proposal generally complies with the relevant requirements of the Planning Scheme.

Therefore, it is recommended that the application be approved.

LIST OF APPENDICES 1. Locality plan

2. Plans of the proposal


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11.8 MELTON PLANNING SCHEME - AMENDMENT C138 MOUNT COTTRELL WATER TANKS

Author: Laura-Jo Mellan- Coordinator Strategic Planning Presenter: Bob Baggio- Manager Planning

PURPOSE OF REPORT To consider the preparation and exhibition of a section 96A Amendment to the Melton Planning Scheme to rezone land at 1665-1715 Mount Cottrell Road, Mount Cottrell for the use and development of part of the site for water tanks.

RECOMMENDATION: That Council:

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

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

REPORT

1. Executive Summary Western Region Water Corporation (Western Water) have made a request for a combined Planning Scheme Amendment and Planning Permit Application under section 96(A) (1) of the Planning and Environment Act 1987 for the land at 1665-1715 Mount Cottrell Road, Mount Cottrell (Refer Appendix 1). The Amendment proposes to:

1. Rezone part of the subject site from Green Wedge Zone to Public Use Zone and apply a Public Acquisition Overlay (Refer Appendix 2);

2. Apply a specific control to the balance of the land at Clause 52.03 Specific Sites and Exclusions; and

3. Seek approval for the use and development of a Utility Installation comprising three water tanks and associated landscaping, access tracks and fencing.

The Amendment is required to facilitate the delivery of Class A Recycled Water to the future communities in the growth areas of Toolern and Rockbank through the development of elevated storage tanks on Mount Cottrell. The development will comprise three 9.67ML tanks located on the 173 AHD contour of Mount Cottrell with the top water level of the tanks at 183 AHD. An earthen bund with a 182 AHD top level will be created round the tanks to mitigate the landscape and visual impact of the development.

The proposed site is affected by a Significant Landscape Overlay Schedule 1 which seeks to protect ‘Volcanic Hills and Cones’ including Mount Cottrell. The SLO will not be affected by this Amendment and therefore any future buildings or works within the SLO would still


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require a planning permit application unless the schedule to the Overlay specifically states they are not required.

2. Background/Issues A request has been received by Western Region Water Corporation (Western Water), to amend Council’s Planning Scheme to facilitate the use and development of land for elevated water storage tanks to facilitate the delivery of Class A recycled water to the Toolern and Rockbank growth areas.

The request by the proponent is for a combined Planning Scheme Amendment and Planning Permit Application under section 96(A) (1) of the Planning and Environment Act 1987 for the land at 1665-1715 Mount Cottrell Road, Mount Cottrell.

The subject site comprises 40.49 hectares of Green Wedge Zoned land and includes part of the Mount Cottrell Volcanic Cone. The site is bounded by Mount Cottrell Road to the west and Riding Boundary Road easement to the south. There is existing green wedge zoned land to the north with an existing dwelling and the Mount Cottrell Nature Conservation Reserve to the east which includes existing airport navigation and telecommunications installations at the top of the volcanic cone.

The Amendment proposes to:

1. Rezone 5.1 hectares of the subject site from Green Wedge Zone to Public Use Zone

2. Apply a Public Acquisition Overlay to the 5.1 hectares of land proposed as Public Use Zone;

3. Apply a specific control to the balance of the land (35.39 hectares) at Clause 52.03 Specific Sites and Exclusions; and

4. Seek approval for the use and development of a Utility Installation on the land proposed as Public Use Zone, comprising three water tanks and associated landscaping, access tracks and fencing.

The Amendment is required to:

• Apply a site specific exclusion to the remaining 35.39 hectares of the subject site as the public acquisition of the land by Western Water will result in the balance of the land being less than the minimum 40 hectare requirement for a two lot subdivision in the Green Wedge Zone. The site specific exclusion will provide the owners of the site the opportunity to apply for a permit to subdivide their property into two lots which are smaller than the minimum lot size permitted by the zone. An Incorporated document will be prepared to facilitate consideration of any future planning permit application.

• While a planning permit for the proposal could be lodged under the current Green Wedge Zone, the proposed rezoning to Public Use Zone will ensure that the site is appropriately zoned for the proposed use for a public utility. It should be noted that the Significant Landscape Overlay (SLO) which applies to the cone of Mount Cottrell will still trigger the need for a permit for any future buildings or works within the SLO unless the schedule to the Overlay specifically states they are not required. Therefore, Council still has discretion in respect of any additional development within the SLO.

• Apply a Public Acquisition Overlay to the land required for the proposed development.


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A preliminary business case developed by Western Water has concluded that elevated storage tanks on Mount Cottrell is the most viable option to facilitate the delivery of Class A Recycled Water to the future communities in the growth areas of Toolern and Rockbank (Refer Appendix 3).

The development will comprise three 9.67ML tanks located on the 173 AHD contour of Mount Cottrell with the top water level of the tanks at 183 AHD. An earthen bund with a 182 AHD top level will be created round the tanks to mitigate the landscape and visual impact of the development. There will a crushed rock access way along the northern boundary from Mount Cottrell Road to the tank site. This will be fenced by a post and wire fence with a farm gate at Mount Cottrell Road. In addition there will be a 2.2m high chain wire mesh fence enclosing the tank site. It is not proposed to have any lighting, overhead power, plant or equipment on the site (Refer Appendix 4).

The State Planning Policy Framework (SPPF) recognises the need to protect natural landscape features. However, it also contains a number of strategies that generally support the proposed development by seeking to ensure that new Greenfield developments are planned in a sustainable way (Clause 11 Settlement) and encourages the timely delivery of Infrastructure. The SPPF also seeks to ensure that water resources are managed in a sustainable way (Clause 14.02.03) encouraging the use of recycled water.

In addition, the approved Toolern and Rockbank North Precinct Structure Plans both promote the use of recycled water and alternative water supplies to service the new communities.

It is considered that the proposal is generally in accordance with the strategies of the SPPF and seeks to deliver on the requirements of the approved Toolern and Rockbank North PSPs by ensuring a sustainable supply of Class A recycled water for future communities.

The key issue with the proposal from both a State Planning Policy Framework (SPPF) and Local Planning Policy Framework (LPPF) perspective is that it requires development within the Mount Cottrell Significant Landscape Overlay (Schedule 1). SLO1 discourages development above the 160m contour line on Mount Cottrell and seeks to ‘protect and conserve volcanic cones from inappropriate development and to help conserve the existing visual amenity and rural landscapes’. The development is above the 160m AHD contour and triggers a permit under the SLO. The decision guidelines require the responsible authority to consider the impact of the proposed development on the landscape character and significant views.

In this context, the proponent was required to prepare a ‘Visual Impact Assessment’ (Refer Appendix 5) to assess the landscape and visual impact of the proposed development and determine appropriate mitigation measures. A total of 11 viewpoints were identified based on a viewshed analysis and landscape assessment. Photomontages were prepared for ten of the views to demonstrate the impact of the proposed development, including the proposed earthen bund, on these views. Overall, it can be concluded from the assessment that the visual impact of the development is not significant perhaps with the exception of a view taken from Mount Cottrell Road (Refer Appendix 5, Figure 11).

The proponent has also engaged Consultants to prepare the following reports to assess possible impacts for the use and development of the site and inform the design of the proposal:

• Economic assessment of Class A and dual pipe supply to selected Melton Growth Areas

• Environmental Assessments (Tree Wishes, November 2011 and May 2012)

• Cultural Heritage Assessments (Tree Wishes, June 2009 and November 2010)

• Geological Report (Coffey Geotechnics Pty Ltd).


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Based on an assessment of the information provided by the proponent and the net community benefit of delivering Class A recycled water to future communities within the City of Melton’s growth area, Council officers recommend that Council seek authorisation to prepare an s96A Planning Scheme Amendment from the Minister for Planning.




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

5. Consultation/Public Submissions The future planning scheme amendment will need to be exhibited and submissions may be received.

6. Risk Analysis There are no anticipated risks to Council in proceeding to the first stage of the amendment process.

7. Options Council can resolve to either:

• Seek authorisation to prepare and exhibit the Section 96A Amendment for the prescribed period, or

• Abandon the Amendment

LIST OF APPENDICES 1. Site Location Plans

2. Current and Proposed Planning Zones

3. Preliminary Business Case

4. Development Proposal

5. Visual Impact Assessment


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11.9 MELTON PLANNING SCHEME - AMENDMENT C154 BURNSIDE ACTIVITY CENTRE REZONING

Author: Laura-Jo Mellan- Coordinator Strategic Planning Presenter: Bob Baggio- Manager Planning

PURPOSE OF REPORT To consider the preparation a Section 20(4) Amendment to the Melton Planning Scheme to rezone land at Burnside Activity Centre.

RECOMMENDATION: That Council support the proponents request to the Minister for Planning to process Amendment C154 to the Melton Planning Scheme under Section 20(4) of the Planning and Environment Act, 1987 subject to an appropriate Development Plan Overlay Schedule being included as part of the Amendment.

REPORT

1. Executive Summary Dennis Family Corporation have made a request to the Minister for Planning to amend the Melton Planning Scheme under section 20(4) of the Planning and Environment Act 1987 for the land at Westwood Drive (including 15-25 Westwood Drive), Burnside (Refer Appendix 1) know as Burnside Activity Centre. The Amendment proposes to:

1. Rezone 0.10 hectares currently zoned Residential 1 Zone to Commercial 1 Zone. This is considered an anomaly and should be rezoned.

2. ‘Flip’ the current Mixed Use Zone (7.46 hectares) and Commercial 1 Zone (7.35 hectares) with some changes to the areas allocated to each zone to create 9.46 hectares of Commercial 1 Zone and 5.45 hectares of Mixed Use Zone.

Council officers consider that the proposed Amendment will facilitate an improved outcome in respect of the design of the centre and allow for an improved transition between the commercial uses of the centre and the existing residential uses to the north.

2. Background/Issues Dennis Family Corporation has made a request to the Minister for Planning to amend the City of Melton Planning Scheme to facilitate the development of Burnside Activity Centre. The subject site comprises 18.47 hectares on the corner of Westwood Drive and Western Highway (Ballarat Road). It is bound to the south and east by the Western Highway and Westwood Drive respectively. The western boundary is defined by Chisholm Drive with an existing retirement village to the north. There is currently a Masters store and associated car parking located in the eastern section of the site which is accessed from the Western


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Highway. To the west is the existing Burnside activity centre comprising approximately 6,000sqm of retail floor space including a Coles. The balance of the site is currently vacant with an area of native vegetation which requires Federal approval for its removal under the Environment Protection and Biodiversity Conservation Act 1999, is located in the northern section of the site. Council have previously supported Amendment C112 which sought to rezone the Mixed Use Zone and Residential 1 Zone to Business 1 Zone (now Commercial 1) and increase the retail floor space cap from 6,000sqm to 36,000sqm. This amendment went through a joint Planning Panel process with the proposed Caroline Springs expansion (C91) in May 2012. The Panel report released in September 2012 did not support the rezoning or expansion of Burnside activity centre as it considered that there was insufficient strategic justification to approve a proposal that was contrary to the State and Local Planning Policy Frameworks. In this context the Panel recommended that Amendment C112 be abandoned. Council resolved at the Ordinary Meeting of 5 March 2013 to defer any decision on Amendment C112 until completion of the City of Melton Retail & Activity Centre Strategy. Since the Panel report was published, there have been significant changes to planning policy as it relates to Commercial Zones. Amendment VC100 introduced new commercial zones land which converted all Business 1, Business 2 and Business 5 zoned land to the Commercial 1 Zone and all Business 3 and Business 4 zoned land to the Commercial 2 Zone. These zone reforms have removed the floor space caps from all activity centres outside land zoned Urban Growth Zone. This effectively means that there is no longer any permit required for Burnside activity centre to expand within the land zone Commercial 1 and renders the Panel report and recommendations redundant in the context of the increased floor space. The City of Melton Retail and Activity Centre Strategy, although not approved by Council, recognises the impacts of these zone reforms. As a consequence the draft strategy identifies Burnside as an ‘Activity Centre’ serving a sub-regional function under the new hierarchy defined by ‘Plan Melbourne’. This is based on the development capacity of the existing Commercial 1 Zone land within the subject site. The Amendment which has been requested seeks to:

1. Rezone 0.10 hectares currently zoned Residential 1 Zone to Commercial 1 Zone. This is considered an anomaly and should be rezoned.

2. ‘Flip’ the current Mixed Use Zone (7.46 hectares) and Commercial 1 Zone (7.35 hectares) with some changes to the areas allocated to each zone to create 9.46 hectares of Commercial 1 Zone and 5.45 hectares of Mixed Use Zone. It is considered that this would create more logical zoning boundaries and would facilitate a better design outcome for the centre. The proponent has suggested to the Minister for Planning that this is a ‘like for like’ rezoning as an area of 2.01 hectares historically zoned for commercial use has been developed as a retirement village. They are therefore requesting that this area be deducted from the area identified as Mixed Use Zone and added to the revised Commercial 1 Zone. It is not considered that the proposal to increase the Commercial 1 Zone by 2.01 hectares would have a significant impact given that retail is a permitted use within the Mixed Use Zone although it is acknowledged that any premises with a leasable floor space above 150sqm require a permit which is not the case with the Commercial 1 Zone.

The existing Commercial 2 Zone land of 3.56 hectares will not be changed by the Amendment.


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Council officers are supportive of the proponents request to rezone Burnside Activity Centre as outlined above and at Appendix 2. However, this support is subject to an appropriate Development Plan Overlay Schedule to guide the design and development of the activity centre being included as part of the Amendment.




4. Financial Considerations Council officer time and resources may be involved as part of the Amendment process however any statutory fees required will be requested from the proponent to assist in defraying these costs.

5. Consultation/Public Submissions As an Amendment prepared by the Minister for Planning under 20(4) of the Planning and Environment Act, 1987 the Minister may exempt himself from undertaking notification. Therefore no public consultation or notification would occur as part of the Amendment process.

6. Risk Analysis There are no anticipated risks to Council in supporting the proposed Amendment.

7. Options Council can resolve to either:

• Support the proponents request to the Minister for Planning process Amendment C154 to the Melton Planning Scheme under Section 20(4) of the Planning and Environment Act, 1987 subject to an appropriate Development Plan Overlay Schedule being included as part of the Amendment, or

• Not to support the proponents request to the Minister for Planning with the knowledge that the Minister for Planning may still proceed with the Amendment.

LIST OF APPENDICES 1. Locality Plans

2. Current and Proposed Zoning Plan


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11.10 DIGGERS REST - LOCAL AREA TRAFFIC MANAGEMENT STUDY REPORT Author: Matthew Hutchinson- Design and Traffic Coordinator

Presenter: Luke Shannon- General Manager Planning and Development

PURPOSE OF REPORT To present the final report for the Diggers Rest Local Area Traffic Management Study and the Diggers Rest Precinct Structure Plan Traffic Review to Council for adoption.

RECOMMENDATION: 1. That Council adopt the Diggers Rest Local Area Traffic Management Study Final Report

(refer to Appendix 1), which includes key recommendations as follows;

a. Council adopt the Recommended Traffic Management Plan (Interim) and Recommended Traffic Management Plan (Ultimate) as detailed in Section 11 of this report.

b. Council consult with property owners abutting the device locations at the design stage regarding exact locations and design.

c. Council monitor the additional traffic issues raised by the local community identified in Section 10.3 of this report.

d. Council continue to monitor the study area post-implementation of the Recommended Traffic Management Plan (Interim).

e. Council undertake a specific monitoring program to identify when the ‘triggers’ for the Ultimate treatments are reached as outlined in Section 11.4.

f. Council implement and monitor the Traffic Management Plan (interim) as outlines in Section 11 of this report as funding becomes available

g. Council implement and monitor the Recommended Traffic Management Plan (Ultimate) when the various ‘triggers’ are reached and funding becomes available.

2. That Council note the Diggers Rest Precinct Structure Plan Traffic Review (refer to Appendix 2)

3. That all Diggers Rest residents be advised of the final Traffic Management Plan adopted by Council (Appendices 4 & 5).

4. That Council write to the residents involved in the Traffic Study Group, thanking them for their contribution to the process.

5. That Council continue to advocate to the State Government for funding for the provision of the Diggers Rest bypass, as identified in both the Diggers Rest Precinct Structure Plan and the Diggers Rest LATM.

REPORT

1. Executive Summary Traffix Group has been engaged by the Council to undertake a Local Area Traffic Management (LATM) study of the Diggers Rest Township.


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Associated with the LATM Traffix Group also conducted a review of the Diggers Rest Precinct Structure Plan (PSP) to help inform how the growth of Diggers Rest would impact upon the proposed Traffic management Plan.

The LATM study has involved extensive consultation with the local community to identify local traffic issues, a review of traffic complaints contained in Council files, and engineering investigations undertaken by Traffix Group. Other components of the study have included the collection of traffic volume and speed information to quantify traffic issues.

The community consultation component of the study has included questionnaire surveys, circulars and the formation of a Traffic Study Group to assist with this study. The Traffic Study Group comprised nominated members from the local community, Victoria Police, Diggers Rest Primary School, Councillors, Council Officers and traffic engineers from Traffix Group. The Traffic Study Group provided input into the various stages of the study.

2. Background/Issues The Diggers Rest Local Area Traffic Management (LATM) Study was conducted as part of Council’s proactive approach to traffic related issues in the community and as a result of the increasing number of customer requests and complaints being received in relation to traffic issues in the area.

A previous study of Diggers Rest was conducted in 2000 and for the most part has been implemented. Given the changes that have occurred in the town, including the establishment of an upgraded Train Station and car park along with the planned future growth in Diggers Rest it is timely to conduct a new LATM Study. The current population of Diggers Rest is 1,930 and is predicted to grow to 13,900 upon full development of the Diggers Rest Precinct Structure Plan Area.

The study area (refer to Appendix 3) was the existing Diggers Rest Township, comprising approximately 600 properties and includes residential, commercial, and community uses.

A traffic engineering consultant, Traffix Group, was engaged in September 2013 to conduct the LATM Study on Council’s behalf. The consultant’s brief was to investigate, collect data, consult the community, report findings and make recommendations to Council to address issues identified throughout the process.

The LATM study process generally involves the following steps:

• Familiarisation with the study area,

• Data collection and collation,

• Consultation,

• Development of proposals, and

• Reporting.

The aim of a LATM study is to recommend modifications to the infrastructure so as to:

• reduce the incidence and potential for vehicle and pedestrian crashes in the area

• improve safety at local intersections

• improve the safety of local street by reducing traffic speeds

• discourage through traffic from using local streets

• develop proposals that address traffic concerns raised by the community, while maintaining adequate levels of accessibility for local residents, local businesses and emergency services


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• maximise the safety benefits of available funding (with priority given to reported crash locations and those streets with the greatest level of community concerns)

• adopt a proactive approach to local area traffic management rather than reactive.

Given the changing nature of the Diggers Rest local area and the future development of the Diggers Rest PSP, the LATM study identified both existing and potential future issues. Traffix group then developed the Proposed Traffic Management Plan in two stages:

• ‘interim’ - to address the existing issues in the local area, and

• ‘ultimate’ - to address the future issues associated with the PSP development.

The Interim plan is to primarily address the current issues (i.e. traffic speeding) through implementation in the short to medium term (within 5 years). The findings of the LATM Study identified traffic speed and irresponsible driving as significant issues for Diggers Rest, this was supported by traffic survey data which indicated vehicle speeds that are among the highest recorded within residential streets within the City of Melton.

The aim of the Ultimate plan is to primarily focus on developing treatments which will manage the anticipated future growth in traffic volumes in the study area. The proposals within the Ultimate Plan are dependent on ‘triggers’, mostly relating to traffic volumes, to determine if these treatments will be implemented. Based on current growth rates these treatments could be required in 15 - 20years.

In addition to conducting the Diggers Rest LATM study, Traffix Group were also engaged to review the expected traffic impacts on the existing Diggers Rest Township resulting from the future development of the Diggers Rest Precinct Structure Plan and other undeveloped land within Diggers Rest.

In 2011 the then Growth Areas Authority (now the Metropolitan Planning Authority) initiated a number of priority PSP’s around Melbourne, including the Diggers Rest PSP. The priority status of these PSP’s meant that the Growth Areas Authority (GAA) did not go through an extensive public consultation process, however the GAA did engage with Council as part of the development of the PSP. Given the fast tracked nature of the PSP and potential for Council to inherit issues caused by an increase in traffic in Digger Rest, it is prudent for Council to conduct a review of the GAA’s traffic studies.

The Traffix Group review assessed the traffic generation from the PSP area and concluded that the PSP traffic assessment satisfactorily predicted the amount of traffic generated by its development. The distribution of this traffic through the road network external to the PSP was then assessed. Traffix Group identified that the PSP traffic assessment did not assume any distribution of traffic through the Diggers Rest Township other then on Diggers Rest-Coimadai Road. It was considered that traffic from the PSP will also use Houdini Drive, Plumpton Road and Welcome Road, as well as other roads connecting Plumpton Road and Welcome Road.

Traffix group assessed the impacts of these increased volumes and this information was used to inform the Ultimate treatments within the LATM study.



1.5 Support a transport system that connects and moves our community


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4. Financial Considerations Council has allocated $34,000 within its 2013/2014 budget to conduct this LATM Study. In the past Council has conducted LATM Studies on an annual basis with a view to proactively identify traffic issues across the Municipality.

The implementation of the recommended traffic management devices in the study area shall require funding from Council. The LATM report provides indicative cost estimates for the treatments recommended in the ‘interim’ plan. To assist Council in considering priorities of the treatments, Traffix Group have split the treatments into two groups, i.e. Priority 1 & Priority 2.

Current estimated costs of the projects identified in the report are approximately $137,000 for Priority 1 projects and $100,000 for Priority 2 projects. These projects could be funded from Council’s Traffic Management Device Program within the Capital Works Program.

The triggers for the Ultimate treatments will be monitored and at the appropriate time these projects will be added to Council’s Capital Works Program as individual projects and would be considered for funding at that time.

5. Consultation/Public Submissions A Traffic Study Group was formed comprising of the Ward Councillors, Cr Carli and Cr Cugliari, community representatives (area residents), Victoria Police, Diggers Rest Primary School, traffic consultants and Council Officers. Traffic Study Group Meeting Three Traffic Study Group meetings were held at various stages during the LATM study.

Meeting 1: Presentation of the issues paper identifying and prioritising key issues.

Meeting 2: Development of the Traffic Management Options and formulation of a recommended traffic management plan for community comment.

Meeting 3: Review of Community responses to Proposed Traffic Management Plan.

Two questionnaires were circulated to all the residents in the study area requesting their submissions. The first circular called for any traffic related issues and general comments and the second called for comments in relation to the proposed traffic management plan. Response Rate Questionnaire 1 – Identification of Issues

• 85 responses were received representing 13.9% of the total questionnaires distributed.

Questionnaire 2 – Proposed Traffic Management Plan

• 80 responses were received representing 13.1% of the total questionnaires distributed. Overall Response

• 45% of respondents in full support of proposed Traffic Management Plan

• 29% of respondents in partial support of proposed Traffic Management Plan

• 26% of respondents did not support the proposed Traffic Management Plan. Those who only partially supported the proposed Traffic Management Plan generally had issues with the locations of devices (being outside their home) or their effectiveness. The locations of the devices have been designed according to engineering principles and have been positioned in the most suitable location. The devices chosen have been used in many locations throughout the Municipality previously and have proved to be effective.


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The respondents who did not support the proposed plan at all generally did not believe there were any issues that need addressing. The traffic data and resident responses clearly indicated there are issues within this precinct and the proposed Traffic Management Plan will address these.

6. Risk Analysis The risks associated with not accepting and planning to implement the LATM report would be:

• A crash occurring at one of the sites recommended for treatment causing an injury to vehicle occupants or pedestrians. This could expose Council to possible legal action.

Community backlash at no works being adopted or completed as a result of their involvement in the process leading to an expectation works would follow.

7. Options Option 1

Adopt the final reports and refer the projects identified to the capital works program for implementation. Option 2

Not adopt the reports and remove the proposed works from the capital works program.

LIST OF APPENDICES 1. Appendix 1 - Diggers Rest LATM Study - Final Report

2. Appendix 2 - Diggers Rest PSP Traffic Review

3. Appendix 3 - Study Area

4. Appendix 4 - Proposed Traffic Devices Plan Interim

5. Appendix 5 - Proposed Traffic Devices Plan Ultimate


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12. REPORTS FROM DELEGATES APPOINTED BY COUNCIL TO OTHER BODIES


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13. COUNCILLOR REPRESENTATIONS AND ACKNOWLEDGEMENTS

13.1 RECORD OF ASSEMBLY OF COUNCILLORS IN ACCORDANCE WITH SECTION 80A(1) OF THE LOCAL GOVERNMENT ACT 1989

• 28 January 2014

RECOMMENDATION: That the Record of Assembly of Councillors attached to this Agenda dated 28 January 2014 be received and noted.

LIST OF APPENDICES 1. Record of Assembly - 28 January 2014

ORDINARY MEETING OF COUNCIL Item 13.1 Record of Assembly of Councillors in Accordance

with Section 80A(1) of the Local Government Act 1989

Appendix 1 Record of Assembly - 28 January 2014

4 FEBRUARY 2014

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At the commencement of the meeting, Council staff are required to identify and announce that the meeting is an Assembly of Councillors and call for any Conflicts of Interest (Section 80A Local Government Act 1989).

NOTE This form MUST: a. be completed by the attending Council Officer b. be sent to Governance for inclusion in the next practicable Ordinary Meeting of Council and

incorporated in the minutes.

ASSEMBLY DETAILS:

Date of Meeting: 28 January 2014 Time: 6.15pm

Name of Meeting: Councillor Briefing

Councillors present: (Circle/delete as appropriate)

Cr B Turner (Mayor) Cr S Ramsey (Deputy Mayor) Cr B Borg

Cr C Carli Cr R Cugliari Cr N Dunn

Officers present:

Mr K Tori, Chief Executive Mr M Heaney, General Manager Community Services Mr L Shannon, General Manager Planning & Development Services Mr P Bean, General Manager Corporate Services Mr B Baggio, Manager Planning Mr L Stokes, Engineering Services Manager Mr M Hutchinson, Design & Traffic Coordinator Mr K Walton, Infrastructure Planning Engineer

Apologies Cr K Majdlik

Matters discussed:

1. Diggers Rest Local Area Traffic Management (LATM)

2. Agenda – Ordinary Meeting of Council – 4 February 2014

3. Councillor discussion

CONFLICT OF INTEREST DISCLOSURES: Conflict of Interest disclosure? NIL

Matter No. Councillor Making Disclosure Did the Councillor leave the assembly?

NIL YES NO

Report produced by:

Name of Officer: P Bean, General Manager Corporate Services Date: 29 January 2014


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13.2 PUBLIC ADDRESS BY EACH COUNCILLOR


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14. NOTICES OF MOTION

14.1 NOTICE OF MOTION 372 (CR CUGLIARI) PEDESTRIAN CROSSING Councillor: Renata Cugliari

I hereby give notice of my intention to move the following motion at the Ordinary Meeting of Council to be held on 4 February 2014.

MOTION: That Council write to the Minister for Roads, The Hon. Terry Mulder MP requesting the funding of Pedestrian Crossing facilities on Melton Highway in the vicinity of The Regency, Hillside.

1. Officer’s Comments Council has previously raised this issue with VicRoads, who have advised that they do not install pedestrian crossings at arterial road roundabouts due to safety issues they can cause.

VicRoads have indicated that “Safety improvements sites, such as intersection signalisation which can include pedestrian service improvements, are ranked and then proposals developed aside others across the state to then referred to the government for their funding consideration. This process is a highly competitive one as the pool of potential proposals and sites is substantial. VicRoads will continue to monitor this site but at this stage there are no immediate plans to submit any proposals for funding consideration due to the relative priority of this site when compared with other sites vying for improvement funding consideration.”

Given the response from VicRoads it would be appropriate for Council to request funding for an appropriate signalised pedestrian crossing facility at the intersection of The Regency and Melton Highway, improving the safety of the road for pedestrians and motorists.


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15. COUNCILLOR’S QUESTIONS WITHOUT NOTICE

16. MOTIONS WITHOUT NOTICE

17. URGENT BUSINESS


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18. CONFIDENTIAL BUSINESS

Procedural Motion That pursuant to Section 89(2) of the Local Government Act (1989) the meeting be closed to the public to consider the following reports, that are considered confidential for the reasons indicated

18.1 Contract No. 14/005 Bulmans Road Roundabout Construction at Sovereign Boulevard, elton West This report is confidential in accordance with s89(2)(d)as it relates to contractual matters.

18.2 CEO's Review Committee Report 2013/2014 This report is confidential in accordance with s89(2)(a)as it relates to personnel matters.:


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Procedural Motion That the meeting be opened to the public.

19. CLOSE OF BUSINESS