city of kingston ordinary council meeting minutes 25 may 2009 · in presenting a framed certificate...

City of Kingston Ordinary Council Meeting

Minutes 25 May 2009

1

Notice is given that an Ordinary Meeting of Kingston City Council was held at 7.00pm at the Cheltenham Office, 1230 Nepean Highway, Cheltenham, on Monday, 25 May 2009. 1. Apologies 2. Confirmation of Minutes of Previous Meetings

Minutes of Ordinary Council Meeting 27 April 2009 and Special Council Meeting 11 May 2009.

3. Foreshadowed Declaration by Councillors or Officers of any Conflict of Interest

[Note that any Conflicts of Interest need to be formally declared at the start of the meeting and immediately prior to the item being considered – type and nature of interest is required to be disclosed – if disclosed in writing to the CEO prior to the meeting only the type of interest needs to be disclosed prior to the item being considered.]

4. Petitions 5. Presentation of Awards

Presentations are being arranged for the former Mayor and the current and former Junior Mayor.

6. Reports from Village Committees

A report on issues arising out of the Village Committee meetings in May 2009. Page 7

7. Reports from Delegates Appointed by Council to Various Organisations

8. Question Time Page 53 9. Environmental Sustainability Reports L 56 Town Planning Application Decisions – April 2009 0 L 57 KP1120/08: 92 Tootal Road, Dingley Village Page 19 L 58 KP918/08: 10 Warrigal Road, Parkdale Page 32 L 59 KP978/08: 3 Joyce Street, Carrum Page 54 L 60 KP844/08: 1A Golden Avenue, Bonbeach Page 75 L 61 Amendment C99 to the Kingston Planning Scheme – 1233-1237

Nepean Highway and 60-64 Matthieson Station Street, Highett Page 90 L 62 Regional Economic Strategy for Melbourne's South East Page 96 L 63 Contract No. 09/10 - Breeze Street / Patterson Street,

Bonbeach Road Reconstruction – Tender Report Page 101 L 64 Fire Risks and Fire Strategies Page 103 L 65 Modification to Schedule 3 of the Environmental Significance Overlay

– Inclusion of additional property at 45 Baxter Avenue, Chelsea Page 111 10. Community Sustainability Reports L 66 Production of Meals for Delivered Meals Service:

Report on Tenders (Contract 08/102) Page 117 L 67 Kingston Community Safety Strategy 2009 – 2012 Page 120 L 68 Moorabbin Bowls Club - Installation of Synthetic Green Page 124 L 69 Proposed Lease - Waterways Kiosk Page 129 L 70 Draft Kingston 2010 – 2014 Active Leisure Plan Page 131


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11. Organisational Development and Governance Reports L 71 Councillor Support and Expenditure Policy Page 136 12. Corporate Services Reports L 72 Proposed Sewerage Easement Thompson Road Reserve Page 164 L 73 Land Line and Mobile Phones Tender Page 167 L 74 Proposed Sale of Land: 40 Redwood Drive, Dingley Village Page 170 13. Notices of Motion L 76 Notice of Motion

Cr Peulich: Completion of all stages of the Dingley Bypass Page 175 L 77 Notice of Motion

Cr Peulich: State Government’s By-pass of Planning Laws to fast track affordable, social housing projects Page 177

14. Urgent Business 15. Items in Camera L 75 Proposed Rent for Clayton Bowls Club Page 179


Minutes 25 May 2009

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Minutes of the Ordinary Meeting of the Kingston City Council held at the Cheltenham Office at 1230 Nepean Highway, Cheltenham, on Monday, 25 May 2009 at 7.05pm. Present: Cr Arthur Athanasopoulos (Mayor) Cr Donna Bauer Cr Lewis Dundas Cr Paul Peulich Cr John Ronke Cr Trevor Shewan Cr Steve Staikos Cr Rosemary West OAM In Attendance: John Nevins – Chief Executive Officer

Paul Franklin –General Manager Corporate Services Tony Rijs – General Manager Environmental Sustainability Elaine Sowerby –General Manager Organisational Development and Governance Mauro Bolin – General Manager Community Sustainability Sue Braddy – Acting Manager Communications and Promotions Ian Nice – Manager Planning and Building Michael Fry – Team Leader Council Business

1. Apologies The Mayor advised that and apology had been received form Cr Donna Bauer. Crs Ronke/Staikos That the apology from Cr Bauer be received, and leave of absence from this meeting be granted.

Carried 2. Confirmation of Minutes of Previous Meetings Crs Staikos/Ronke That the minutes of the Ordinary Council Meeting 27 April 2009 and Special Council Meeting 11 May 2009, be confirmed.

Carried 3. Declaration by Councillors or Officers of any conflict of interest in any items

on the Notice Paper, pursuant to Section 79 of the Local Government Act 1989

There were no declarations.


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4. Petitions Cr Brownlees tabled a petition from Mr Damien O’Donnell, with respect to the issue of requesting a permit for a goat (Patrick) to stay as part of the family and community. Cr Ronke tabled a petition in relation to requesting Council, having taken into consideration all aspects involved in the completion of Bowen Road Link from Waterways to Wells Road, Aspendale Gardens, including traffic movements, noise, flora & fauna issues, to complete the Bowen Road Link at the earliest possible time in line with broad community expectations. Cr Staikos tabled a petition from lead petitioner Stephen Wise, requesting that Council take all and every action possible to prevent the development on the Moorabbin Campus of the Holmesglen Institute of Technology and Further Education, of a seven storey educational facility to be situated twenty-five metres from surrounding residential properties, from proceeding. Cr Shewan tabled a petition from lead petitioner Peter Crawford, requesting that the unwanted and unnecessary parking restrictions signs on the Broadway, Bonbeach reading “No Standing Signe – Wed – Thurs – Fri 9am – 3pm’ be removed forthwith. Cr Shewan tabled a further petition from lead petitioner Peter Crawford, on behalf of the Chelsea Market Traders, protesting most harshly in regard to the lack of foresight in planning the erection of the new Safeway Supermarket and the area surrounding it, namely the car parking, especially the southern car park, directly behind the Chelsea Market, leaving valuable car parking spaces closed off to the public, to the detriment of the Market shop keepers. Crs Brownlees/Ronke That the five petitions be accepted and referred to the Chief Executive Officer for attention.

Carried 5. Presentation of Awards The Mayor, Cr Athanasopoulos, advised the meeting of the following presentation: Former Junior Mayor: Tahryn Mant Prior to making presentations to the former and current Junior Mayors, the Mayor, Cr Athanasopoulos, stated that: • the Council’s Junior Mayor program provides primary schools in the City of

Kingston with an opportunity to show case the talents and attributes of their young people.


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• The Junior Mayor program allows young people to take an active role within their community, to think and talk about the issues that affect young people, in a way that develops and consolidates vital skills such as writing speeches and presenting in front of large numbers of people.

• It encourages young people to set goals for themselves and strive to achieve them. I

cannot speak highly enough of this program and all the young people involved, not just those elected as Junior Mayor, like Tahryn and Lachlan here this evening, but all those year 6 students who participate in the program.

Presentation to Former Junior Mayor, Tahryn Mant In presenting a framed Certificate of Appreciation to the former Junior Mayor, Tahryn Mant, the Mayor, Cr Athanasopoulos, advised the Council that: “In 2008, Tahryn Mant from St Mark’s Primary School was elected Junior Mayor for 2008/2009. I understand that Tahryn enjoyed her year as the Junior Mayor and the numerous opportunities it presented for community involvement. Tahryn attended several citizenship ceremonies, a book launch, an end of year council event for Community Volunteering, the opening of a football stadium and spoke at Rotary Club meetings. Tahryn acquitted herself extremely well over the year and represented not only herself, but her family and school, in an exemplary manner. On a personal note I would like to say that Tahryn is a highly intelligent and confident young woman with a lovely personality who displays obvious community leadership qualities, and, as such I expect to hear more about Tahryn’s successes into the future. I would like to ask Tahryn to come forward to accept this framed Certificate of Appreciation to commemorate her time as Junior Mayor. I would also ask that her mother Nicola come forward to accept a bouquet of flowers in appreciation of the commitment made by Tahryn’s family in assisting her to successfully fulfil her role as Junior Mayor for 2008/09.” The Mayor, Cr Athanasopoulos, also presented a bouquet of flowers to Tahryn, to be passed on o her mother, Nicola, as a token of appreciation from the Council for the support given by Tahryn’s family over the course of her year as Junior Mayor. Presentation to Junior Mayor, Lachlan Bourne In presenting a gift to the current Junior Mayor, Lachlan Bourne, the Mayor, Cr Athanasopoulos, advised the Council that: “I would like to take this opportunity to formally congratulate Lachlan Bourne, a grade six student and School Captain at the Edithvale Primary School, who was elected from 23 nominees from local primary schools throughout the City of Kingston.


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I understand that as Junior Mayor, Lachlan plans to focus on ensuring and implementing safety strategies among young people, particularly around the beach. During Lachlan’s presentation as part of the election process, he indicated his wish to be proactive and play an important role in educating young people around beach safety. As well as being School Captain, Lachlan participates in a range of sporting activities including basketball, football and lifesaving. I wish Lachlan all the best for his year in office and look forward to his involvement in many community events in the year to come. I would ask Lachlan to come forward to receive a gift as a memento of his election as Junior Mayor for 2009/2010.” Former Councillor and Mayor: Bill Nixon OAM In presenting a framed Certificate of Appreciation to the former Councillor and Mayor, Bill Nixon OAM the Mayor, Cr Athanasopoulos, advised the Council that: “It is with great pleasure that I present this Certificate of Appreciation to the former Councillor and Mayor, Bill Nixon OAM. Bill has been a wonderful friend and colleague over many years. Bill has been, and continues to be, very active in the Kingston community and I look forward to many opportunities in the future to interact with Bill.”


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6. Reports from Village Committees PRESENTATION OF VILLAGE COMMITTEE REPORTS

6(a) Cheltenham Village Committee Chairperson - Joe Astbury

Report of Meeting held on 5 May 2009

Highlight Managing to get the applications for Community Grants turned around in record time (one week).

6(b) Mordialloc Village Committee

Chairperson - Allan Locke Report of Meeting held on 5 May 2009

Highlight: The Parks and Engineering teams for the magnificent clean up of the

left side of Pompei Bridge, prior to the opening ceremony.

6(c) Mentone/Parkdale Village Committee Chairperson - Reg Marlow


Highlight: Nil.

6(d) Patterson Lakes/Carrum Village Committee Chairperson - Glen Baker


Highlight: Don Reed’s presentation on the Village Community Grants.

6(e) Dingley / Heatherton Village Committee Chairperson - Allan Harris

Report of Meeting held 6 May 2009

Community Grants Program

Village Committee Recommendation That the Community Grants process be looked into and altered for efficiency.

Officers Comment This year the processing time was considerably shortened by the decision to bring the meeting dates of the Village Committees to the first week of the month. Unfortunately, the dates for the grants were set and advertised prior to the change. Next year the processing time frames will be adjusted to accommodate this.

The quality and standard of the applications is an ongoing challenge for the Community Grants Program. We are proactively addressing the issue through education and information sessions.

A review was conducted in 2007 and implemented in 2008/2009 the funding round. We feel that the program is now running in line with best practice.


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Crs West/Staikos That the Council note the information contained in the officer’s comment above.

Carried 6(f) Aspendale/Edithvale/Aspendale Gardens Village Committee

Chairperson - Kevin Griffiths Report of Meeting held on 7 May 2009

Highlight: Community Grants Funding

6(g) Moorabbin / Highett Village Committee Chairperson – Robyn Cochrane

Report of Meeting held on 7 May 2009 Waves Car Park – Chesterville Road Village Committee Recommendation That the Council, in order to improve safety at this location, reconsider extending the fence and installing more chicken wire against the existing rail and Post fence, located between the Archery Club and the Waves Car Park. Officers Comment It should be noted that as per the previous advice, there is no current record of injury or incident relating to personal injury at the facility. If Council wishes to strengthen the risk management surrounding the use of this venue for archery, then I would recommend that it approves leisure planning to undertake a detailed risk assessment in conjunction with the archery club and that this report and its recommendations be submitted to Council and the Village Committee for action and information respectively. Pre-empting the most appropriate risk treatments (i.e. chicken wire and fence extension) without this detailed advice may result in inappropriate or non-functional investment in the site. Crs Staikos/Peulich That the Council note the information contained in the officer’s comment above and approve development of a detailed risk management assessment of the site and its use.

Carried

6(h) Chelsea/Chelsea Heights/Bonbeach Village Committee Acting Chairperson – Leanne Stray


Highlight: Presentation by Suzanne Ferguson on the Chelsea Shopping Centre Redevelopment.


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7. Reports from Delegates Appointed by Council to Various Organisations Cr West reported on her atte3ndance at the Melbourne Planning Summit Crs Shewan/Brownlees That the report of the delegate be accepted and the delegate thanked for her report.

Carried

8. Question Time The Mayor indicated that question time would be dealt with at 8.00pm.


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9. Environmental Sustainability Reports L 56 Town Planning Application Decisions – April 2009 Approved By: Tony Rijs – General Manager, Environmental

Sustainability Author: Ian Nice – Manager, Planning Attached for information is the report of Town Planning Decisions for the month of April 2009. A summary of the decisions is as follows:

Type of Decision Number of Decisions Made

Percentage (%)

Planning Permits 77 71 Notice of Decision 10 15 Refusal to Grant a Permit 2 1 Other - Withdrawn (5) - Prohibited (0) - Permit not required (3) - Lapsed (6)

10 13

Total 99 100 (NB: Percentage figures have been rounded) Recommendation That the report be noted. Crs Brownlees/Ronke That the recommendation be adopted.

Carried


Minutes 25 May 2009

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Planning Decisions April 2009

APPL. No.

PROPERTY ADDRESS

APPL. DATE

DATE DECIDED

PROPOSAL DESCRIPTION DECISION

VCAT DECISION

KP1/09

31 MYOLA STREET CARRUM, VIC 3197 2-Jan-09 27-Apr-09

SEVEN (7) DWELLINGS

Permit Issued

KP102/09

MEDIUM/970 FORESHORE CITY OF KINGSTON, VIC 3192 20-Feb-09 8-Apr-09

RAMP FOR BOAT SHED

Permit Issued

KP1025/08

54 TENNYSON STREET HIGHETT, VIC 3190 12-Nov-08 7-Apr-09

TWO (2) DWELLINGS

Permit Lapsed

KP1026/08-A

21 FRIENDSHIP SQUARE CHELTENHAM, VIC 3192 30-Mar-09 17-Apr-09 TWO DWELLINGS

Permit Issued

KP1028/08

15/35 TAUNTON DRIVE CHELTENHAM, VIC 3192 10-Nov-08 7-Apr-09

ATLS & ADDS TO WAREHOUSE MEZZANINE FLOOR

Permit Lapsed

KP1033/08

7 RENOWDEN STREET CHELTENHAM, VIC 3192 14-Nov-08 23-Apr-09

TWO (2) DWELLINGS

Permit Issued

KP104/09

412 NEPEAN HIGHWAY CHELSEA, VIC 3196 23-Feb-09 2-Apr-09 SIGNAGE

Permit Issued

KP1046/08

21 HILLSTON ROAD MOORABBIN, VIC 3189 18-Nov-08 29-Apr-09

TWO (2) DWELLINGS

Permit Refused

KP105/09

54 OAKES AVENUE CLAYTON SOUTH, VIC 3169 24-Feb-09 23-Apr-09 4 LOT SUBDIVISION

Permit Issued

KP1052/08

3/260 WICKHAM ROAD HIGHETT, VIC 3190 19-Nov-08 2-Apr-09 LIQUOR LICENCE

Permit Issued

KP106/09

160 CHUTE STREET MORDIALLOC, VIC 3195 24-Feb-09 24-Apr-09 DWELLING / SBO

Permit Issued

KP1069/08

1/486 NEPEAN HIGHWAY CHELSEA, VIC 3196 28-Nov-08 27-Apr-09

B'LD & WORKS - 2 SHOPS & 5 DWELLINGS

Notice of Decision

KP107/09

33 CHELSEA ROAD CHELSEA, VIC 3196 25-Feb-09 15-Apr-09 2 LOT SUBDIVISION

Permit Issued


Minutes 25 May 2009

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KP108/09

1 PLANNING CONVERSION PLANNING CONVERSION, VIC 3333 23-Feb-09 1-Apr-09

ILLUMINATED SIGN WITHIN BUS SHELTER

Permit Issued

KP1083/08

17 COMO PARADE WEST MENTONE, VIC 3194 2-Dec-08 30-Apr-09

CHANGE OF USE - MUSIC SHOP + COFFEE & CAKES

Permit Issued

KP1085/08

3 TULAR AVENUE OAKLEIGH SOUTH, VIC 3167 4-Dec-08 17-Apr-09

TWO (2) DWELLINGS

Notice of Decision

KP109/09



Permit Issued

KP11/09

7 SANDFORD STREET HIGHETT, VIC 3190 9-Jan-09 24-Apr-09 3 LOT SUB

Permit Issued

KP110/09



Permit Issued

KP1101/08

61-69 CLARINDA ROAD OAKLEIGH SOUTH, VIC 3167 9-Dec-08 17-Apr-09 ADVERTISING SIGN

Permit Issued

KP1108/08

439 NEPEAN HIGHWAY CHELSEA, VIC 3196 15-Dec-08 21-Apr-09

CHANGE OF USE - "SUBWAY"

Permit Issued

KP111/09



Permit Issued

KP1113/08

173/266 OSBORNE AVENUE CLAYTON SOUTH, VIC 3169 16-Dec-08 20-Apr-09

B'LD & WORKS - WAREHOUSE

Permit Issued

KP112/09


ILLUMINATED SIGN WITH BUS SHELTER

Permit Issued

KP113/09

CNR WELLS & EDITHVALE ROADS CHELSEA HEIGHTS, VIC 3196 23-Feb-09 1-Apr-09


Permit Issued

KP1132/08

1152-1154 CENTRE ROAD CLARINDA, VIC 3169 19-Dec-08 17-Apr-09 ADVERTISING SIGN

Permit Issued


Minutes 25 May 2009

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KP1139/08

3-9 CENTRE DANDENONG ROAD CHELTENHAM, VIC 3192 23-Dec-08 2-Apr-09

ALTS & ADDS TO SCHOOL

Permit Issued

KP114/09


ILLUMINATED SIGN WITH BUS SHELTER

Permit Issued

KP1145/08

1190-1212 NEPEAN HIGHWAY CHELTENHAM, VIC 3192 23-Dec-08 16-Apr-09

BUILDINGS & WORKS TO EXISTING CAR YARD (COMPRISING TWO NEW SHOWROOM AREAS)

Permit Withdrawn

KP1146/08

360 BOUNDARY ROAD DINGLEY VILLAGE, VIC 3172 23-Dec-08 6-Apr-09 2 LOT SUBDIVISION

Permit Issued

KP1148/08

36-44 WHITESIDE ROAD CLAYTON SOUTH, VIC 3169 23-Dec-08 14-Apr-09

B'LD & WORKS - OFFICE COMPLEX

Permit Issued

KP1156/08

1/309 BOUNDARY ROAD MORDIALLOC, VIC 3195 24-Dec-08 21-Apr-09

CHANGE OF USE - TAKEAWAY FOOD

Permit Issued

KP118/09

972-988 NEPEAN HIGHWAY MOORABBIN, VIC 3189 27-Feb-09 16-Apr-09

BUILDINGS & WORKS - SHADE SAIL STRUCTURES

Permit Issued

KP127/09

2/78 EDITHVALE ROAD EDITHVALE, VIC 3196 2-Mar-09 21-Apr-09

ALTS & ADDS - BIRD CAGE

Permit Not Required

KP13/09

100 CHARMAN ROAD MENTONE, VIC 3194 12-Jan-09 2-Apr-09

CHANGE OF USE - CAFE

Permit Lapsed

KP130/09

530 MAIN STREET MORDIALLOC, VIC 3195 5-Mar-09 2-Apr-09

B'LD & WORKS - ERECT SCAFFOLD

Permit Issued

KP133/09

65 FLINDERS STREET MENTONE, VIC 3194 3-Mar-09 16-Apr-09 4 LOT SUBDIVISION

Permit Issued

KP140/09

10 JACK HOLT WAY MORDIALLOC, VIC 3195 10-Mar-09 3-Apr-09 ONE DWELLING

Permit Issued

KP148/09

1 PALM ISLAND COURT PATTERSON LAKES, VIC 3197 13-Mar-09 21-Apr-09

B'LD & WORKS - JETTY NO. 154

Permit Issued

KP160/09

4 KITCHENER STREET MENTONE, VIC 3194 18-Mar-09 15-Apr-09

ALTS & ADDS TO DWELLING

Permit Not Required


Minutes 25 May 2009

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KP162/08-A

13 MAUDE ST CHELTENHAM, VIC 3192 29-Dec-08 20-Apr-09

TWO (2) DWELLINGS

Notice of Decision

KP173/07

810-834 SPRINGVALE RD BRAESIDE, VIC 3195 20-Mar-07 8-Apr-09

VEHICLE STORE (BUS DEPOT), REMOVAL OF NATIVE VEGETATION AND CREATION OF A NEW ACCESS FROM A ROAD IN A ROAD ZONE CATEGORY 1

Permit Issued

KP175/09

6 SPOONBILL PLACE WATERWAYS, VIC 3195 25-Mar-09 3-Apr-09 DWELLING

Permit Issued

KP186/09

19 BURDEKIN BOULEVARD WATERWAYS, VIC 3195 26-Mar-09 21-Apr-09 ONE DWELLING

Permit Issued

KP191/09

48 COORONG CIRCLE WATERWAYS, VIC 3195 27-Mar-09 24-Apr-09 ONE DWELLING

Permit Issued

KP193/09

15 BARMAH PLACE WATERWAYS, VIC 3195 30-Mar-09 21-Apr-09 ONE DWELLING

Permit Issued

KP204/07

321 OLD DANDENONG RD DINGLEY VILLAGE, VIC 3172 30-Mar-07 17-Apr-09

ANIMAL BOARDING FACILITY / CARETAKERS DWELLING

Permit Issued

KP210/09

78 ISLAND POINT AVENUE WATERWAYS, VIC 3195 2-Apr-09 24-Apr-09 ONE DWELLING

Permit Issued

KP211/09

12 SHOALWATER DRIVE WATERWAYS, VIC 3195 2-Apr-09 21-Apr-09 ONE DWELLING

Permit Issued

KP227/09

25 EDWARD STREET CHELTENHAM, VIC 3192 8-Apr-09 22-Apr-09 TWO DWELLINGS

Permit Withdrawn

KP233/03-A

57 EULINGA AVE ASPENDALE, VIC 3195 10-Feb-09 29-Apr-09

Permit Issued

KP29/09

2/1 JENNIFER AVENUE PARKDALE, VIC 3195 20-Jan-09 15-Apr-09

ALTS & ADDS - FRONT FENCE

Permit Issued

KP33/09

26-28 GRAHAM ROAD CLAYTON SOUTH, VIC 3169 21-Jan-09 29-Apr-09

B'LD & WORKS - ERECT METAL SHED

Permit Issued

KP376/08 45 RHODA ST DINGLEY 17-Apr-08 9-Apr-09 2 DWELLINGS

Notice of Decision


Minutes 25 May 2009

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VILLAGE, VIC 3172

KP38/09

195-205 CHESTERVILLE ROAD MOORABBIN, VIC 3189 28-Jan-09 29-Apr-09

B'LD & WORKS - FACTORY/OFFICE WITH CARPARK REDUCTION

Permit Issued

KP390/03-A

130-131 NEPEAN HWY ASPENDALE, VIC 3195 15-Dec-08 2-Apr-09

AMENDMENT TO ROOF TOP DECK

Permit Lapsed

KP4/09

19 HARPLEY STREET CHELTENHAM, VIC 3192 6-Jan-09 16-Apr-09 DWELLING - SBO

Permit Issued

KP422/08

3 SOMME PDE EDITHVALE, VIC 3196 1-May-08 17-Apr-09 3 DWELLINGS

Permit Issued

KP46/09

39 KALIMNA STREET CARRUM, VIC 3197 30-Jan-09 3-Apr-09

TWO (2) DWELLINGS

Permit Issued

KP477/08

135 LOWER DANDENONG ROAD MENTONE, VIC 3194 23-May-08 17-Apr-09

MIXED USE DEVELOPMENT

Permit Issued

KP518/08

29 WELLS ROAD CHELSEA HEIGHTS, VIC 3196 29-May-08 17-Apr-09

BUILDINGS AND WORKS

Permit Issued

KP554/08

43 CLAY STREET MOORABBIN, VIC 3189 11-Jun-08 23-Apr-09

TWO (2) DWELLINGS

Permit Issued

KP56/09

165B LOWER DANDENONG ROAD MENTONE, VIC 3194 2-Feb-09 23-Apr-09

SBO - ALTS & ADDS - VERANDAH

Permit Issued

KP571/08-A

2 GRACIE AVENUE EDITHVALE, VIC 3196 11-Feb-09 16-Apr-09

11 lot subdivision - change of public open space contribution

Permit Issued

KP596/08

6 JOFFRE AVENUE EDITHVALE, VIC 3196 19-Jun-08 14-Apr-09

TWO (2) DWELLINGS

Permit Issued

KP605/08

3 HAROLD STREET BONBEACH, VIC 3196 24-Jun-08 22-Apr-09

THREE (3) DWELLINGS

Notice of Decision

KP622/08

11 DELVILLE AVENUE MENTONE, VIC 3194 30-Jun-08 16-Apr-09

TWO (2) DOUBLE STOREY DWELLINGS

Permit Issued

KP673/08

346-348 HIGHETT ROAD HIGHETT, VIC 3190 17-Jul-08 23-Apr-09

MULTY-STOREY MIXED USE DEVELOPMENT

Permit Issued


Minutes 25 May 2009

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KP675/08

5/2 ALFRED STREET HIGHETT, VIC 3190 18-Jul-08 17-Apr-09

DWELLING ALTERATION AND ADDITIONS ON A LOT LESS THAN 300 SQUARE METRES

Permit Issued

KP676/08

1161 NEPEAN HIGHWAY HIGHETT, VIC 3190 21-Jul-08 16-Apr-09

THREE (3) DWELLINGS

Permit Issued

KP685/08

2/192 MCLEOD ROAD PATTERSON LAKES, VIC 3197 22-Jul-08 6-Apr-09

DWELLING ALTERATIONS AND ADDITIONS ON A LOT LESS THAN 300 SQUARE METRES

Notice of Decision

KP691/08

206 BALCOMBE ROAD MENTONE, VIC 3194 23-Jul-08 3-Apr-09

FIVE (5) DWELLINGS, CREATE ACCESS TO ROAD ZONE CATEGORY 1

Permit Issued

KP715/08

86 MCLEOD ROAD CARRUM, VIC 3197 31-Jul-08 30-Apr-09

THREE (3) DWELLINGS WITHIN SBO

Permit Refused

KP72/09

94 NEPEAN HIGHWAY MENTONE, VIC 3194 6-Feb-09 17-Apr-09 3 LOT SUBDIVISION

Permit Issued

KP721/08

2/6 BAPAUME AVENUE EDITHVALE, VIC 3196 4-Aug-08 2-Apr-09

DWELLING ALTERATIONS AND ADDITIONS - DECK ON GROUND FLOOR AND FIRST FLOOR

Permit Lapsed

KP73/09

21 HENRY STREET HIGHETT, VIC 3190 6-Feb-09 22-Apr-09 2 LOT SUBDIVISION

Permit Issued

KP77/09

35 SNAPPER POINT DRIVE PATTERSON LAKES, VIC 3197 12-Feb-09 30-Apr-09

ALTS & ADDS - REPLACE EXISTING JETTY

Permit Issued

KP770/08

1 ALLEYNE AVENUE BONBEACH, VIC 3196 13-Aug-08 22-Apr-09

THREE (3) DWELLINGS

Notice of Decision

KP774/08

5 JEANETTE STREET CLAYTON SOUTH, VIC 3169 15-Aug-08 24-Apr-09

THREE (3) DWELLINGS

Permit Issued

KP777/08

335-337 NEPEAN HIGHWAY PARKDALE, VIC 3195 15-Aug-08 21-Apr-09

ERECT A NEW 15 METRE HIGH TELECOMMUNICATION TOWER

Notice of Decision

KP80/09

1/38 EDEN STREET CHELTENHAM, VIC 3192 11-Feb-09 2-Apr-09

ALTS & ADDS - FRONT FENCE

Permit Issued


Minutes 25 May 2009

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KP816/08

426-431 NEPEAN HIGHWAY CHELSEA, VIC 3196 27-Aug-08 6-Apr-09

2 LOT SUBDIVISION - REMOVAL OF EASEMENTS

Permit Issued

KP83/09

36 MCLEOD ROAD CARRUM, VIC 3197 11-Feb-09 17-Apr-09 2 LOT SUBDIVISION

Permit Issued

KP84/09

9 EULINGA AVENUE ASPENDALE, VIC 3195 13-Feb-09 15-Apr-09 2 LOT SUBDIVISION

Permit Issued

KP849/08

68 VALETTA STREET CARRUM, VIC 3197 11-Sep-08 27-Apr-09

FOUR (4) DOUBLE STOREY DWELLINGS

Permit Issued

KP86/09

2 CHADWELL GROVE CHELSEA, VIC 3196 16-Feb-09 20-Apr-09 3 LOT SUBDIVISION

Permit Issued

KP864/08

3/5 SOPHIA AVENUE ASPENDALE, VIC 3195 16-Sep-08 9-Apr-09

DWELLING ALTERATIONS AND ADDITIONS ON A LOT LESS THAN 300M2 AND OVER COMMON PROPERTY

Notice of Decision

KP88/09

16 ALEXANDER CIRCLE PATTERSON LAKES, VIC 3197 11-Feb-09 8-Apr-09 DWELLING - LSIO

Permit Issued

KP892/08-A

6/80 FAIRBANK ROAD CLAYTON SOUTH, VIC 3169 12-Feb-09 16-Apr-09

Permit Issued

KP906/08

10 CHUTE STREET MORDIALLOC, VIC 3195 30-Sep-08 7-Apr-09 2 LOT SUBDIVISION

Permit Withdrawn

KP910/07

22 BETHELL AVE PARKDALE, VIC 3195 14-Nov-07 7-Apr-09 ALTS & ADDS - SBO

Permit Issued

KP910/07-A

22 BETHELL AVE PARKDALE, VIC 3195 4-Mar-09 7-Apr-09

application to amend permit 28/01/09

Permit Issued

KP911/08

14 BROWNFIELD STREET CHELTENHAM, VIC 3192 1-Oct-08 7-Apr-09 2 DWELLINGS

Permit Issued

KP917/08

3/15 OAKES AVENUE CLAYTON SOUTH, VIC 3169 2-Oct-08 2-Apr-09

DWELLING ALTERATIONS AND ADDITIONS - FIRST FLOOR EXTENSION

Permit Issued

KP919/08

73 BARKLY STREET MORDIALLOC, VIC 3195 3-Oct-08 27-Apr-09

THREE (3) DOUBLE STOREY DWELLINGS

Permit Issued

KP936/08

1/56 OAKES AVENUE CLAYTON SOUTH, 7-Oct-08 22-Apr-09

TWO (2) DWELLINGS

Permit Issued


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VIC 3169

KP951/08

8-12 LOCHIEL AVENUE EDITHVALE, VIC 3196 15-Oct-08 30-Apr-09

CHANGE OF USE / BUILDING & WORKS

Permit Issued

KP954/08

7 HILLSTON ROAD MOORABBIN, VIC 3189 16-Oct-08 30-Apr-09

TWO (2) DWELLINGS

Notice of Decision

KP989/08

3 ROSEWARNE AVENUE CHELTENHAM, VIC 3192 28-Oct-08 2-Apr-09

TWO (2) DWELLINGS

Permit Issued


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L 57 Planning Application KP1080/08: 92 Tootal Road, Dingley Village

APPLICANT SJB Planning ADDRESS OF LAND No. 92 (Lot 2 LP33174) Tootal Road,

Dingley PROPOSAL Contractor’s Depot and buildings and

works MELWAYS REFERENCE 88C3 PLANNING OFFICER Nikki Taylor REFERENCE NO. KP1120/08 DECISION DATE BY 17 April 2009 STATUTORY DAYS 72 @ 29 April 2009 ZONING: Green Wedge Zone – Schedule 2 OVERLAYS: Design and Development Overlay –

Schedule 5 (Aviation Obstacle Referral Height Area No. 2)

UNDER WHAT CLAUSE(S) IS A PERMIT REQUIRED?

Clause 35.04 – Green Wedge Zone

RESTRICTIVE COVENANTS ON THE TITLE?

No

OBJECTIONS: Three (3) CONSIDERED PLAN REFERENCES/DATE RECEIVED

WD 04-002 Rev 1.2 Site Plan and Elevations, 08-068L – TP1, TP2 received 17 December 2008, 9 February 2009

EXISTING CONDITIONS The 4.491 ha site is located on the west side of Tootal Road, Dingley, between Heatherton Road and Old Dandenong Road and is within the boundaries of the City Kingston. The land has a frontage of approximately 83.28 m along Tootal Road and a depth of approximately 404 m. The subject land and abutting land is zoned Green Wedge Zone. Land to the north, south and west of the subject site is also located within the Green Wedge Zone. Land to the north-east of the site is used for residential purposes, whilst land to the north-west of the site is owned and used by Boral for the storage of bricks and roof tiles. Land to the west of the site is used for green waste processing. A concrete crushing facility which is about to cease operations and a soil blending facility are located to the south with Dinsan landscaping supplies located further to the south of the site. Land to the east of the site on the opposite side of Tootal Road is located within a Special Use Zone 2 and is used for residential purposes and an equestrian centre. The subject site is located outside the Urban Growth Boundary, with much of Tootal Road being the boundary between the non-urban uses to the west of the road and the residential uses to the east.


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HISTORY The land was formerly owned by Kingston Quarries and formed part of a landfill, which has since been rehabilitated and capped and sold to the current owner. The site is currently occupied by the a single 360 square metre steel Colorbond shed at the rear of the site which was approved under planning permit KP 481/05. Planning application KP388/06 to use the site for a refuse transfer station was refused by Council on 30 October 2007, and this decision was ratified by the Victorian Civil and Administrative Tribunal (Tribunal) on 4 September 2008. This decision will be discussed in further detail later in this report. Further to this, enforcement action was taken by Council and an objector and a mediated order was issued by the Tribunal on 26 November 2008. PROPOSAL IN DETAIL It is proposed to use the site for a contractor’s depot involving the storage, dispatch and routine repairs and maintenance of commercial vehicles and plant associated with the contracting business. The main plant and equipment includes 6 x trucks, 3 x bobcats, 3x 12 tonne excavators, 1x front-end loader. Other miscellaneous equipment such as a trailer and water truck will be kept on site when required. Vehicles will be kept on the site in either the existing workshop/shed or on the hardstand area located nearby. It is proposed to temporarily store materials required for landscaping and road maintenance works in the vicinity of the workshop area and kept in skips wherever possible. It is also proposed to construct buildings and works comprising fencing and landscaping of the site, clearing and reinstatement of the spoon drain to the north of the site and general clearing of debris on the site which was the result of the previous unlawful use of refuse transfer station. A total of six employees (machine operators and drivers) will attend the site on a daily basis. They will usually attend the site in the morning to collect machinery/vehicles required for the day's off-site activities and return to the site at the end of each working day. Due to the nature of the business it is not proposed to have employees working on the site during the day unless they are working on vehicle maintenance or on the site rehabilitation works. Ten (10) designated parking bays are allocated to the site for employees and visitors. The proposed hours of operation are 6am to 6pm Monday to Friday and 7am to 3pm Saturday. It is submitted by the applicant that the early start is required to ensure that the contractor’s trucks and vehicles are on their work sites prior to the main morning peak hour in order to ensure that vehicles are not stuck in traffic or hindering normal peak hour traffic users. The applicant has submitted an acoustic report with the application prepared by a qualified acoustic engineer who determined that the noise generated by the activities carried out on the site and from vehicles entering and exiting the site is in accordance with EPA requirements. The proposed landscaping will comprise designated landscape areas/beds along the north and south property boundaries of the site. Earth mounds, 2m wide and 1m high are proposed along


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the north side of the access roads and around the workshop and car parking areas, which will contain further planting. Further landscaping beds will be no deeper than 300mm comprising a mix of soil and mulch. ADVERTISING The proposal was advertised via a notice on site and letters to the abutting/surrounding property owners and occupiers. In response to the advertising there were 3 objectors and the grounds for objection are detailed below.

• Dust and noise pollution will increase.

• An increase in the amount of heavy traffic

• The proposed use is not appropriate for a Green Wedge Zone.

• The proposed use will cause loss of amenity to nearby residential properties through noise and vehicle movements.

• The proposed hours of operation are excessive.

• The proposed use does not support the purposes of the zone and is more appropriately characterised as a ‘store’ which is prohibited in the zone.

• The proposal is contrary to the objectives of the Sand belt Open Space Project as detailed in Clause 22.03 of the Kingston Planning Scheme, which provides for an extensive system of linked parkland in the Dingley and Heatherton areas.

PRELIMINARY CONFERENCE A preliminary conference was held at Council Offices on 8 April 2009. The meeting was attended by the applicant, one (1) objector and council officers. The matters discussed at the preliminary conference were generally consistent with the grounds of objection which were submitted by the objectors. In this instance there was no resolution to the concerns of the objectors.

PLANNING SCHEME REQUIREMENTS The site is within a Green Wedge Zone – Schedule 2 pursuant to Clause 35.04 of the Kingston Planning Scheme. A planning permit is required to use the site for a Contractor’s Depot as this is considered to be an innominate use (ie. not defined in the Kingston Planning Scheme) in the provisions of the zone. The site is also located within a Design and Development Overlay No.5, however it is noted that this overlay does not call up any requirements for a planning permit for the proposed use of the site. It is also noted that the site is located outside the Urban Growth Boundary pursuant to Clause 57 of the Kingston Planning Scheme. The proposed use is not prohibited under this Clause of the Scheme.


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REFERRALS The application was referred to Council’s Vegetation Management Officer who had no objection to the proposal. DISCUSSION The proposal has been assessed in the context of the Kingston Planning Scheme provisions including the State and Local Planning Policy suite, the Green Wedge Zone and Particular Provisions, the Tribunal decision in relation to the previous application for the site and the concerns raised by the objectors. Previous Tribunal Decision The Tribunal decision handed down in relation to the previous application for this site determined that there were two (2) separate uses that were proposed to be carried out on the land. One of these uses, was determined to be characterised as a contractor’s depot, which is an innominate use under the provisions of Clause 35.04 – Green Wedge Zone. The second use was refuse transfer station and the Tribunal found that insomuch as the refuse being brought on the site included demolition materials, this use, pursuant to the zoning provisions, was prohibited. The Tribunal determined that the use of contractor’s depot could be considered by Council and even contemplated separating the two uses and making a determination on the merits of the depot use alone, however, ultimately found that this would be inappropriate given the nature of the appeal. It should be noted that the use proposed in the current application under consideration by Council, is very similar to that considered by the Tribunal. However, in its determination on the refusal of the combined use of contractor’s depot and refuse transfer station, the Tribunal stated that: “Given the above findings, we do not address other matters raised in opposition to the proposal, or other matters dealt with in submissions. Any subsequent application for another proposal would need to consider its impacts afresh.” As such, it is proposed to consider the merits of the proposal in the following discussion with particular emphasis given to the policies and provisions of the Kingston Planning Scheme. However, given that the proponent of the use remains the same, it is considered appropriate that if Council were to determine to issue a planning permit for the use of contractor’s depot, it should be clear in any permit conditions that the previously applied for use of refuse transfer station must not be carried out on the site. It is considered that planning permit conditions can be imposed which would prevent this use being carried out. Characterisation of the Proposed Use The application is for the use of the site as a Contractor’s Depot. This is a use which is not nominated in the planning scheme definitions at Clause 74 of the Kingston Planning Scheme. Therefore, the proposed use does not fall within Section 1 or Section 3 of the zone provisions and is therefore a Section 2 Use – permit required.


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As it is not specifically prohibited in the zone, Council can consider the proposal. The question has been raised by an objector that the proposed use should be more appropriately characterised as a ‘store’ which falls within the definition of ‘warehouse’, which is a prohibited use in the Green Wedge Zone. The definition of ‘store’ in Clause 74, is “land used to store goods, machinery, or vehicles.” It is clear that this will be carried out on the site however, it is considered that it is proposed to do more than simply store goods, vehicles and machinery. The use as described above includes, vehicle and plant maintenance, vehicles leaving the site at the beginning of the day and returning to the site at the end of the day, as well as dispatch activities carried out through a small office component and staff amenities within the existing workshop on the site. Therefore, it is considered that the proposed use involves more than storage of goods, vehicles and machinery. It is considered more appropriate to utilise the Tribunal’s consideration of the characterisation of the proposed use as outlined in Andsand Pty Ltd v Kingston CC [2008] VCAT 1804. There are a number of Tribunal decisions referred to in the above decision which “in the past described the innominate land use of a ‘depot’ as meaning land serving as a base where staff come to work or pick up vehicles and machinery, where administrative functions are carried out, where vehicles and machinery are parked and kept, where equipment and materials are kept and other ancillary functions occur, such as the repair and maintenance of vehicles and equipment.” It is not considered that this component of the original application has altered to the extent that is cannot be considered to adequately fit within this definition. Therefore it is considered that the proposed use is appropriately characterised as a Contractor’s Depot and as such, is a use which Council is able to consider. Amenity Issues Concerns have been raised as to the effect of noise upon the nearby residential properties, particularly to the north of the subject site. More specifically, the effect of noise generated by trucks exiting the site early in the morning. It should be noted that Tootal Road is a road which already carries a number of heavy vehicle movements to and from existing industrial uses located adjacent to Tootal Road and as an access to Heatherton Road from Centre Dandenong Road and Old Dandenong Road which effectively bypasses the residential area of Dingley. In addition, the acoustic report prepared by Noise Consulting Pty Ltd, states that noise emissions from the site are compliant with the Environmental Protection Authority’s SEPP N-1, Control of Noise from Commerce, Industry and Trade. It should be noted that this assessment was based on a start time of 7am. The report also states that four (4) vehicles exiting the site simultaneously between 5am and 7am would also comply with these requirements. Given the limited number of vehicle movements from the site, the existing noise generated by other vehicles using Tootal Road and the proposal’s compliance with the EPA noise guidelines,


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it is considered that the amenity of the nearby residential properties should not be unreasonably affected by the proposed use. The existing enforcement order limits the operation of machinery on the site and the access of trucks to and from the land to more restrictive hours than that proposed in this application. It is considered that the applicant’s submission that the earlier hours of commencement are required in order to ensure that vehicles do not conflict with peak hour traffic movements is reasonable in light of the above discussion and the limitation upon the number of vehicles associated with the proposed use. Conditions can be placed on any permit issued restricting the number of vehicles associated with the proposed use and the hours of operation. There is an existing 90,000 litre water tank on the site and a water truck capable of suppressing dust on the site. Further, it is considered that once the rehabilitation/landscaping works have been completed on the site, the generation of dust should be limited and should not adversely impact adjoining properties. In addition to the above, a general amenity condition can be included on any permit issued to the effect that the use must not adversely impact the amenity of surrounding area. Compliance with the Kingston Planning Scheme Uses in Kingston’s Green Wedge area are governed by a number of clauses in the Kingston Planning Scheme and it is proposed that these will be addressed in this report as they are set out in the Scheme, that is, the State Planning Policy Framework, the Local Planning Policy Framework, Zoning and Particular Provisions. State Planning Policy Framework (SPPF) The SPPF outlines general objectives for use and development which is common to all municipalities within Victoria. As relevant to this application, Clause 12 – Metropolitan Development aims to ensure that land use always contributes to the economic, social and environmental goals outlined in this policy. Clause 12.02 – Better management of metropolitan growth, seeks to manage metropolitan growth in order to achieve sustainable outcomes and to protect valued environmental areas. Strategies to achieve this include establishing an urban growth boundary which will contain urban growth and define the non-urban area of Melbourne to be retained for rural and agricultural uses, natural resources, landscape, heritage, open space and conservation values. Further, this clause seeks to protect the green wedges from inappropriate development by ensuring strategic planning and land management of each green wedge area to promote and encourage its key features and related values as well as by supporting development that provides for environmental, economic and social benefits. Clause 17.05 – Agriculture, seeks to ensure the protection of productive farmland which is of strategic significance in the local or regional context. In considering applications to develop agricultural land, Councils should consider an assessment of the land capability and the compatibility between the proposed use and the existing uses of the surrounding land. The subject site was formerly used as a landfill and has been capped and remediated. As such, there are limited possibilities to the future use of the land and it is considered that it cannot reasonably be utilised for traditional methods of agriculture. The question then becomes, if we


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are to allow a commercial/industrial use on the site, will this use be compatible with surrounding uses? As discussed above, the subject site is surrounded by a mix of uses, namely rural residential properties to the north and east, soil blending, green waste processing, landscape gardening supplies, equestrian centre and Boral bricks and tiles. It is considered that the proposed use is consistent with the surrounding uses. Further, it is considered that the limited area of commercial/industrial activity on the subject site should result in limited impacts upon the adjoining properties. The main site area is obscured from the road due to the slope of the land up from Tootal Road and the existing vegetation located at the front of the site. The existing workshop and proposed area where the use is to be contained is located to the south-west (rear) of the site, which is considered to be its least sensitive interface. Further, the accessway is located along the southern boundary of the site, 50 metres from the nearest residential properties at 35 and 27-33 Tootal Road. The activity of the site is going to be limited by the nature of the proposed use, in that vehicles will largely be working off-site. Together with the further rehabilitation of the former landfill by the provision of significant landscaping to the site will further reduce the amenity impacts of the use and contribute to achieving environmental benefits for the site which will provide for the sustainable use of a site which may otherwise, be largely unusable. In this context, it is considered that the proposal is generally in accordance with the State Planning Policy Framework. Local Planning Policy Framework Kingston has recognised the nature of its Green Wedge land and provided policies for future use through its Municipal Strategic Statement and Local Planning Policies. These are considered to be key planning documents in the assessment of any proposal in Kingston Green Wedge. Municipal Strategic Statement (MSS) – Clause 21.03 recognises that the sustainable management of Kingston’s non-urban areas is one of the largest challenges facing the municipality. Kingston seeks to create a ‘hard edge’ between the urban and non-urban areas which is clear, stable and capable of enduring development pressure. Kingston’s objectives for non-urban areas include: • Supporting the green wedge concept.

• Protecting the use of high quality agricultural land for agricultural purposes.

• Protecting the viability of key industries existing in the non-urban area through promoting the re-use of landfill sites for open space and recreational facilities and considering commercial and industrial enterprise which make significant contributions to the ‘chain of parks’ concept and result in a net community benefit.

• Protecting and enhancing environmental values including wetlands, flora and fauna habitats and drainage functions.

• Managing the edge of urban areas in a manner which ensures that the non-urban area is both stable and enduring.


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The proposed reinstatement of the spoon drain to the north the site will assist the drainage function of the site. Further, it is considered that whilst the proposed contractor’s depot use is not a rural use, the landscaping of the site, particularly if it this consists of a majority of indigenous and Australian native planting, will enable the provision of flora and fauna habitats that were not previously available to the site. It is considered that this will result in a net community benefit which is envisioned in the MSS. Further, conditions can be placed on any permit issued, which will limit the impact of the proposed use upon the landscape and the amenity of the adjoining properties. Clause 22.03 – Sandbelt Open Space Project Policy The site is identified in the associated development plan as being in an area designated for other proposed public and private compatible activities. The objectives of this policy include promoting the rehabilitation and conversion of landfill sites to open space or other productive uses which are compatible with the Sandbelt Open Space Project. It is policy to promote a vegetation character which restores positive elements of the former ecology of the land and results in the improvement of the landscape character of the non-urban area. Whilst the subject site will be largely landscaped with native Australian vegetation, with the potential to contribute to a wildlife corridor, it is not proposed to use the site for a recreational facility. So, whilst the proposal will achieve some of the objectives specified in this Policy, it will not create recreational land at this time. Clause 22.04 – South-East Non Urban Area Policy It is policy that all proposals and planning outcomes: • Protect and create a high quality rural landscape

• Protect and create flora and fauna habitats and networks

• Create public open spaces and open space linkages

• Result in clear and sustainable urban boundaries

• Result in an urban form which is of a high design standard and low visual impact. It is considered that the proposal can achieve some of these planning outcomes, through the provision of native Australian landscaping, it will be at the expense of allowing what could be characterised as a commercial/industrial use in a non-urban area. Whilst the existing character of the land could not be called “high quality rural landscape” it is considered that subject to the inclusion of suitable conditions on any permit issued, the proposal can go some way to achieving this outcome. Further, while the above policy addresses preferred uses for the South East Non Urban Area in the Kingston Planning Scheme, including considering urban related uses, the current Green Wedge Zone provisions are more restrictive, effectively preventing some of these uses. Therefore, it is considered appropriate to discuss the zoning provisions together with the provisions of Clause 57 – Metropolitan Green Wedge Land.


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Green Wedge Provisions These are outlined in Clause 35.04 Green Wedge Zone – Schedule 2 and Clause 57 Metropolitan Green Wedge Land. As discussed above, it is considered that the proposed use is an innominate use and can therefore be considered by Council and a permit issued, if it is deemed an appropriate use by the responsible authority taking into consideration the applicable policy provisions. The purpose of the Green Wedge Zone is to: • To recognise, protect and conserve green wedge land for its agricultural, environmental,

historic, landscape, recreational and tourism opportunities, and mineral and stone resources.

• To encourage use and development that is consistent with sustainable land management practices.

• To encourage sustainable farming activities and provide opportunity for a variety of productive agricultural uses.

• To protect, conserve and enhance the cultural heritage significance and the character of open rural and scenic non-urban landscapes.

• To protect and enhance the biodiversity of the area. This purpose is generally consistent with the SPPF and LPPF objectives and strategies outlined above. It is considered that the proposal can achieve environmental and biodiversity benefits through the considerable landscaping and rehabilitation of the site proposed in this application. However, this will be at the expense of using the land in a way which is not necessarily consistent with Green Wedge objectives. It should be recognised that Kingston’s Green Wedge land already contains a number of urban related uses and it is considered that the proposal is consistent with this existing character. However, policy provisions all seek to achieve a move away from urban uses and encourage uses which are more sympathetic with Green Wedge objectives. The subject site, due to its former use as a landfill and its unlawful use for refuse transfer/materials recycling, is currently in a degraded state. The land is privately owned. In order to rehabilitate the land to a state which is consistent with Green Wedge objectives, Council must weigh up whether it is appropriate to allow a use which may not be consistent with current Green Wedge objectives, but which will enable the owner of the site to achieve some recompense for the investment which Council will expect of the owner of the land in relation to the rehabilitation of the site. This is not a simple issue and should not be considered lightly. What is best for the site? Clearly, the rehabilitation of the land and the creation of flora and fauna habitat is considered to be an achievable and desirable outcome. However, it is recognised that in order to achieve this outcome, Council may need to allow a use which is consistent with surrounding uses, but not a use which is ideal in the long-term. This is consistent with other approvals in the area for uses which are not strictly in keeping with Council’s future vision for the Green Wedge.


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It is therefore considered, that in order to facilitate the rehabilitation of the site and the creation of a flora and fauna habitat, the proposed use of a contractor’s depot should be supported subject to conditions including a sunset clause on the use in which the permit expires in ten (10) years. Further conditions strictly limiting the use and its impact on the site and surrounds are considered appropriate in this instance. CONCLUSION Pursuant to the discussion above and subject to the inclusion of suitable conditions including a sunset clause of ten (10) years, the proposal is considered appropriate and warrants support. RECOMMENDATION A: Should Council choose to support this application, that a Notice of Decision to Grant a

Planning Permit for buildings and works and to use the site for a Contractor’s Depot be issued 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 substantially in accordance with the plans submitted to Council on 17 December 2008 and 9 February 2009, but modified to show:

a) the area of the use and associated car parking and access to and from the site to be clearly delineated from the landscaping areas;

b) the removal of the 6 x 8 cubic metre bins from the plans; c) the nomination of all buildings/storage containers on the site.

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

3. The layout of the defined area for the use and the landscaping as shown on the endorsed plans must not be altered without the written consent of the responsible authority.

4. The landscaping works as shown on the endorsed plans must be completed within 12 months of the date of this permit to the satisfaction of the Responsible Authority. The landscaping must then be maintained to the satisfaction of the Responsible Authority.

5. Refuse materials (including soils, concrete and any other refuse materials) generated off-site must not be brought onto the land at any time (even on a temporary basis).

6. There must be no sorting of refuse materials on the land. 7. No commercial skips/bins may be stored on the site. 8. No waste materials shall be disposed of or burnt on the subject land.


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9. The soil sorting machine currently stored on the land must be removed from the site within 30 days of the date of this permit.

10. Except with the written consent of the responsible authority, no more than than following items of heavy equipment may be stored on the land at any one time:

a) six (6) trucks; b) three (3) bobcats;

c) three (3) twelve tonne excavators; d) one (1) front-end loader;

e) one (1) trailer; f) one (1) water truck.

This does not include small items of equipment such as hand or power tools.

11. Plant and equipment must not be stored outside the area delineated on the plans for the proposed use.

12. The maintenance of all buildings, external storage and loading areas, parking areas,

landscaping and the general surrounds as shown on the endorsed plans shall be carried out so that the site is kept neat, tidy and clean at all times to the satisfaction of the responsible authority.

13. Without the further written consent of the Responsible Authority the use must only

operate between the following times:

a) Monday to Friday 6.00am to 6.00pm; b) Saturday 7.00am to 1.00pm.

14. The amenity of the area must not be detrimentally affected by the development and/or use, through the: a) Transport of materials, goods or commodities to or from the land.

b) Appearance of any building, works or materials. c) Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam,

soot, ash, dust, waste water, waste products, grit or oil. d) Presence of vermin.

e) In any other way. 15. The “Permissible Noise Levels” as established in accordance with the State

Environment Protection Policy No. N-1 must not be exceeded.

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


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17. The surface of the car park and access areas must be treated to the satisfaction of the Responsible Authority to prevent dust causing loss of amenity to adjoining and nearby properties and the neighbourhood.

18. The land must not be used for commercial transactions involving the sale of any goods, products or merchandise by retail.

19. This permit relates only to the use and/or development of the land and does not comprise an approval for the erection of any advertising signs. The location and details of any advertising signs to be erected on the land shall be the subject of a separate application.

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

21. In accordance with section 68 of the Planning and Environment Act 1987, this permit will expire ten (10) years from the commencement of the use.

In accordance with 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 before the permit expires, or within three months afterwards.

Note: The applicant/owner must provide a copy of this planning permit to any appointed

Building Surveyor. It is the responsibility of the applicant/owner and Building Surveyor to ensure that all building development works approved by any building permit is consistent with the planning permit.

OR

B. Should Council resolve not to support the application that a Notice of Refusal to Grant a Permit be issued on the following grounds:

1. The proposal would detrimentally affect the amenity of the neighbourhood. 2. The proposal is inconsistent with the primary purpose for which the land is zoned. 3. The proposal would prevent the orderly and proper planning of the zone (Green

Wedge Zone) . 4. The proposal is not consistent with the State Planning Policy Framework and the

Local Planning Policy Framework sections of the Kingston Planning Scheme.

The meeting was addressed by Mr Peter Glover on behalf of the objectors and Mr Phillip Borelli on behalf of the applicant.


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Crs Staikos/West That a Notice of Refusal to Grant a Permit be issued on five grounds: 1. The proposal would detrimentally affect the amenity of the neighbourhood. 2. The proposal is inconsistent with the primary purpose for which the land is zoned. 3. The proposal would prevent the orderly and proper planning of the zone (Green

Wedge Zone). 4. The proposal is not consistent with the State Planning Policy Framework and the

Local Planning Policy Framework sections of the Kingston Planning Scheme. 5. The proposed use is more appropriately classified as a Store.

Carried


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L 58 KP918/08: 10 Warrigal Road, Parkdale APPLICANT: Taylors Development Strategists ADDRESS OF LAND: No. 10 (Lot 1 of Title Plan 341874T) Warrigal Road, Parkdale MELWAY REF: 87 B9 PROPOSAL Twelve (12) dwellings CONTACT OFFICER: Girija Shrestha FILE NO: KP918/08 ZONING: Residential 1 KINGSTON PLANNING SCHEME CONTROLS:

State Planning Policy Framework Clause 12: Metropolitan Development Clause 14: Settlement Clause 16.02: Housing – Medium Density Housing Local Planning Policy Framework Clause 21.05 MSS – Residential Land Use Clause 22.11: Residential Development Policy Clause 32.01: Residential 3 Zone & Schedule Clause 43.02: Design & Development Overlay Clause 52.29: Land adjacent to a Road Zone, Category 1 Clause 55: Two or More Dwellings on a Lot & Residential Buildings Clause 65: Decision Guidelines

RESIDENTIAL POLICY AREA:

Increased Change Area

NEIGHBOURHOOD CHARACTER AREA:

Area 19

DECISION BY: 14th June 2009 NET DAYS: 20 days as at 5th May 2009 CONSIDERED PLAN REFERENCES/DATE RECEIVED

18th May 2009

MAIN ISSUES RELATING TO THIS APPLICATION:

- Neighbourhood character - Visual bulk, scale and mass - Overshadowing


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DEVELOPMENT ASSESSMENT TABLE:

Criteria ResCode Requirement Proposed Development Provision

Clause 22.11- Residential Policy Requirement

Private Open Space

A balcony of 8 square metres with a minimum width of 1.6 metres and convenient access from a living room,

Complies. Each dwelling is provided with a minimum of 8 square metres.

No variation to ResCode.

Car Parking ResCode requires: • One (1) car space per one or

two bedroom dwelling • Two (2) car spaces for each

dwelling comprising three or more bedrooms.

Complies. One (1) space provided per two-bedroom dwelling within the basement car park, plus one (2) visitors space.

Adequate car parking for future residents and visitors

Dwelling Setback to Street

The average distance of the setbacks of the front walls of the existing buildings on the abutting allotments facing the front street or 9 metres, whichever is the lesser.

Does not comply. This is discussed in the assessment section of the report.

As per ResCode

Site Coverage

Maximum 60%. Complies. 41.5% site coverage.

No variation to ResCode.

EXISTING CONDITIONS: The subject site is located on the east side of Warrigal Road, in close proximity to the north-east corner of the intersection of Warrigal Road and Beach Road in Parkdale. The site is of an irregular shape having a frontage of 21.03 metres, a sideage of 71.87 metres and a total area of 1511.43 square metres. The site contains an existing double-storey brick and rendered dwelling with a curved roof. The site is accessed via an existing single vehicle crossover located to the south west corner of the site. The site is located within an existing residential area. St Bede’s Secondary College is located to the north west of the site, sharing a boundary with Warrigal Road.


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PROPOSAL IN DETAIL: It is proposed to demolish the existing dwelling and construct a two-storey, with basement apartment building comprising twelve (12) dwellings. Key elements of the development include: Basement:

• The construction of a basement comprising fourteen (14) car spaces including two (2) visitor spaces.

• Twelve (12) storage units located along the south (side) of the basement. • A refuse/waste collection area to the north (front) of the basement.

Apartment building: The proposed apartment building will be located centrally on the site. The dwellings will be accessed via a common pedestrian walkway on the north (side) boundary, except for Dwellings 1 and 2 which will be accessed directly via Warrigal Road. Specifically, each dwelling will comprise:

• Dwellings 1 and 2 are double-storey dwellings located to the north (front) of the site. These dwellings comprise a dwelling entry, two bedrooms, and one bathroom at ground floor; and an open plan lounge/kitchen/dining area at first floor with a north facing balcony.

• Dwellings 3, 4 are single storey dwellings, located on the ground floor, and accessed via the common pedestrian walkway. These dwellings comprise two bedrooms, a bathroom, an open plan kitchen/lounge/dining room and an area of private open space located to the west (side) of the site.

• Dwellings 5, 6 & 7 are double-storey dwellings’ location to the rear of the site. These dwellings comprise a dwelling entry, two bedrooms (including a master bedroom with walk-in robe and en suite) and an area of private open space located to the west (side) of the site; a kitchen/dining room, lounge room, and toilet at first floor together with a west facing, first floor balcony.

• Dwellings 8, 9, 10, 11 & 12 are single storey dwellings. Dwellings 8 and 9 are located on the ground floor and accessed via the ground floor common pedestrian walkway and Dwellings 10, 11 and 12 are located on the first floor and accessed via common stairwells from the ground floor common pedestrian walkway. These dwellings comprise one (1) bedroom, a bathroom and open plan kitchen/dining/lounge room. Dwellings 8 & 9 have accessed to ground floor areas of private open space; Dwellings 10, 11 and 12 have access to west facing balconies.

The proposed apartment building will be accessed via the existing vehicle crossover in Warrigal Road, which is proposed to be relocated further south from its existing location.


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The proposed development will comprise: Dwelling Floor Area

(excluding garage / verandah)

Private Open Space No. of Bedrooms

Car Parking Spaces

1 55.4m² (ground floor) and 46.8m² (first floor)

8m² north-west facing balcony

2 1


8m² north-west facing balcony

2 1

3 84.6m² (ground floor only)

36m² south-west facing open space provided at ground level

2 1

4 65m² (ground floor only)


2 1


21m² south-west facing open space provided at ground level and 8m² west facing balcony at first floor

2 1


21m² south-west facing open space provided at ground level and 8m² west facing balcony at first floor

2 1


21m² south-west facing open space provided at ground level and 20m² south-west facing balcony at first floor

2 1



1 1



1 1

10 49.7m² (first floor only)

8m² south-west facing balcony

1 1



1 1



1 1


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Limited information has been provided as to the colours and building materials proposed. Therefore, should a planning permit issue, a condition will require full details of materials and colours to submit for approval.

The proposal would result in site coverage of 41.5% and a site permeability of 23%.

TITLE DETAILS: The site is contained in Certificate of Title Volume 03591 Folio 141, Lot 1 of Title Plan 341874T. There appear to be no restrictions listed on the Certificate of Title. ADVERTISING: The proposal was advertised by sending notices to adjoining and opposite property owners and occupiers and by maintaining a notice on site for fourteen (14) days. Nine (9) objections have been received, raising the following concerns:

• Overlooking/loss of privacy • Overshadowing • Potential loss or damage to the oak tree on the site • Over-development • Visual bulk, scale and mass • Excessive site coverage • Insufficient provision of car parking, especially visitor parking. • Loss of large, single family allotments within the area • Loss of property values • Feeling of being enclosed • Affect of construction on residential amenity • Potential increase in crime as a result of increasing the density of the site.

PRELIMINARY CONFERENCE: A preliminary conference was held on the 5th March 2009 where the above issues were discussed. No resolutions were made with regard to the concerns / objections discussed. AMENDMENT TO THE APPLICATION AFTER NOTIFICATION & RE-NOTIFICATION: Following discussions with Council Officers, the applicant submitted an amended plan on 18th May 2009. The amended plan makes the following changes to the advertised plan: Basement Plan:

• Setback of basement car park from south-west boundary increased to now align with wall above and ensure it does not impact with stairs from dwellings. Storage areas relocated to north-east side of car parking spaces.

• Staircases amended to allow for landing at ground floor level. • Length of car parks reduced from 5.4 metres to 4.9 metres. Note parking and

aisle widths accord with Scheme requirements.


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Ground Floor: • Doors introduced to secure basement car park. Finish of doors can be confirmed

via way of permit condition. Note landings also provided at ground floor level. • Doors and landings provided to staircases accessing upper level dwellings. • 1200mm wall introduce the south-west side of basement ramp. • Bed 1 to Dwelling 2 amended to no longer cantilever over driveway ramp. • Notation showing two trees within front setback to be removed. • Fencing along south-west boundary to be a combination of 1800mm and 2500mm

paling fencing. • The width of communal walkway along the north-east boundary increased to

2.5m. First Floor:

• Angled screening devices shown on relevant south west facing dwellings. • Internals to Dwelling 1 amended to improve floor plan and amenity to dwelling. • Dwelling 2 no longer cantilevering over ramp to basement car park.

Roof Plan

• Plan amended to reflect changes to roof form. Roof now includes one solid plain to the north east side, whilst that above Dwellings 10 - 12, 5 - 6 angled in an opposite direction to reduce building bulk to the south west. Roof over Dwelling 2 sits parallel to the roof form to the northern side.

The elevation plans have generally been amended to reflect:

• Change in roof form • The provision of external screening (blades) to the west-facing, first floor

balconies • Feature glass Panels introduced to improve light penetration into the common

stairwells. This amended plan does not change the principle of the development nor does it reduce the number of dwellings proposed. On this basis, the amended plan has not been formally advertised to adjoining property owners / objector. A full assessment of the plans submitted on 18th May 2009 has been undertaken and this report will relate to these plans as the applicant has formally substituted this plan with the advertised plan(s). PLANNING SCHEME PROVISIONS: The site is located in a Residential 1 Zone and is subject to a Design and Development Overlay, Schedule 1. Zone: In accordance with Clause 32.01-4 of this zone, a planning permit is required to construct two or more dwellings on a lot.


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A planning application must be assessed against the State Planning Policy Framework (Clause 16), the Local Planning Policy Framework (LPPF) including the Municipal Strategic Statement, Clause 55 (ResCode) and Clause 65 of the Planning Scheme. Overlay: In accordance with Clause 2.0 of the Schedule to the Overlay, a planning permit is required to construct or carry out works, as the height of the proposed development exceeds 6 metres from natural ground level. A planning application must be assessed against Clause 43.02-5 of this Overlay. Particular Provisions: In accordance with the provisions of Clause 52.29 (land adjacent to a Road Zone, Category 1) a planning permit is required to create or alter a vehicle access in a Road Zone, Category 1. Warrigal Road falls into this category, and therefore a planning permit is required to alter the existing vehicle crossover, as proposed. OTHER: The land is located in an ‘Increased Change Area’ as identified by the Residential Land Use Framework Plan that forms part of the Municipal Strategic Statement. REFERRAL The application was referred to VicRoad, who has no objection to the application, subjection to conditions. The application was referred internally to:

• Council’s Development Engineer • Council’s Vegetation Management Officer • Council’s Traffic Engineer • Urban Designer, Strategic Department

These officers offered no objection to the application, subject to conditions. DISCUSSION: Kingston Planning Scheme Provisions: Clause 12: Metropolitan Development: This section of the scheme provides specific objectives and strategies for Metropolitan Melbourne, including the following: Clause 12.01 A more compact city – seeks to § Facilitate sustainable development that takes full advantage of existing settlement

patterns, and investment in transport and communication, water and sewerage and social facilities.


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§ Locate a substantial proportion of new housing in or close to activity centres and other strategic redevelopment sites that offer good access to services and transport.

Clause 12.05 A great place to be – seeks to create urban environments that are of better quality, safer and more functional, provide more open space and an easily recognisable sense of place and cultural identity, including: § Promotion of good urban design to make the environment more liveable and

attractive. § Recognition and protection of cultural identity, neighbourhood character and sense of

place. § Improvement of community safety and encouragement of neighbourhood design that

makes people feel safe. § Protection of heritage places and values. § Promotion of excellent neighbourhood design to create attractive, walkable and

diverse communities. § Improvement of the quality and distribution of open space and ensuring the long term

protection of open space. § Improvement of the environmental health of the bays and their catchments. Clause 12.06 A fairer city – seeks to increase the supply of well located and affordable housing by: § Encouraging a significant proportion of new development, including development

activity centres and strategic redevelopment sites, to be affordable for households on low to moderate incomes.

§ Facilitate a mix of private, affordable and social housing in Transit Cities Projects. § Ensuring the redevelopment and renewal of public housing stock better meets

community needs. Clause 12.07 A greener city – seeks to minimise impacts on the environment to create a sustainable path for future growth and development by: § Ensuring that water resources are managed in a sustainable way. § Reduce the amount of waste generated and encourage increased reuse and recycling

of waste materials. § Contribute to national and international efforts to reduce energy usage and

greenhouse gas emission. § Reduce the impact of stormwater on bays and catchments. Clause 12.08 Better transport links seeks to: § Manage the road system to achieve integration, choice and balance by developing an

efficient and safe road network and making the most of existing infrastructure. § Give more priority to walking and cycling in planning urban development and in

managing the road systems and neighbourhoods. It is considered that this application meets these objectives.


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Clause 14.01: Planning for Urban Settlement: This section of the Scheme seeks facilitate the orderly development of urban areas. Clause 14.01-2: Planning for Urban Settlement - General Implementation This section of the Scheme seeks to ensure that the consolidation of residential and employment activities is encouraged within existing urban areas and designated growth areas, and that development in existing residential areas should be respectful of neighbourhood character, and that higher land use densities and mixed use developments should be encouraged near railway stations, major bus terminals, transport interchanges and tram and principal bus routes. It is considered that this application meets these objectives. Clause 16.02: Housing - Medium Density Housing It is the objective of the State Planning Policy Framework to encourage the development of well-designed medium-density housing which: § Respects the character of the neighbourhood. § Improves housing choice. § Makes better use of existing infrastructure. § Improve energy efficiency of housing. It is considered that this application meets these objectives. Clause 21.05 MSS - Residential Land use Increased Housing Change Area The intention in these areas is that new medium density housing comprising a variety of housing types and layouts will be promoted responding to the established but evolving urban character. Because these are already established as residential areas, the design of new medium density housing proposals will need to display sensitivity to the existing residential context and amenity standards in these areas. The objectives of the Municipal Strategic Statement (as relevant to this application) include: • Objective 1: To provide a wide range of housing types across the municipality to

increase housing diversity and cater for the changing needs of current and future populations, taking account of the differential capacity of local areas in Kingston to accommodate different types and rates of housing change.

• Objective 2: To ensure new residential development respects neighbourhood character and is site responsive, and that medium density dwellings are of the highest design quality.

• Objective 3: To preserve and enhance well landscaped/vegetated environments and protect identified significant vegetation.

• Objective 4: To promote more environmentally sustainable forms of residential development.


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• Objective 5: To manage the interface between residential development and adjoining or nearby sensitive/strategic land uses.

• Objective 6: To ensure residential development does not exceed known physical infrastructure capacities.

Relevant strategies to achieve these objectives (as relevant to this application) include: • Promote a range of lot sizes and housing types, including medium density housing,

on large residential opportunity sites, particularly where such sites have good access to public transport and other facilities.

• Promote new residential development which is of a high standard, responds to the local context and positively contributes to the character and identity of the local neighbourhood.

• Promote new residential development which provides a high standard of amenity and quality of life for future occupants.

• Encourage the retention of existing vegetation wherever possible. • Improve landscape character by accommodating appropriate landscaping within

new residential developments. • Ensure that the planning, design, siting and construction of new residential

development responds to best practice environmental design guidelines for energy efficiency, wast and recycling, and stormwater management.

• Promote medium density housing development in close proximity to public transport facilities, particularly train stations.

• Ensure that where medium and higher density residential areas are proposed adjacent to lower density residential areas, the design of such development takes proper account of its potential amenity impacts.

• Ensure that the siting and design of new residential development is consistent with Urban Stormwater Best Practice Environmental Management Guidelines and that new development contributes to the maintenance and upgrade of local drainage infrastructure as required, where such new development will impact on the capacity of such infrastructure.

• Require the provision of car parking to satisfy the anticipated demand having regard to average car ownership levels in the area, the environmental capacity of the local street network and the proximity of public transport and nearby on and off street car parking.

• Ensure that all new medium density housing provides adequate private open space that is appropriately landscaped. Protect areas/elements in the built form and natural landscape which have an identified and valued character.

• Recognise the five areas of ‘special character’ identified in Kingston’s Neighbourhood Character Study and ensure that development proposals respond to all identified major or critical elements in such a way that any new development does not detract from the special character of these areas.

• Protect areas/buildings of recognised historical/cultural significance.


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• Encourage the retention of existing buildings which can be recycled and which contribute to the character of the surrounding neighbourhood.

It is considered that the proposed development is consistent with the relevant objectives of Council’s Municipal Strategic Statement as outlined above. The subject site is located within walking distance of the Parkdale Railway Station, bus routes, local shops and areas of public open space and is therefore considered an acceptable site to support a higher density development, such as that proposed, where future owners/occupiers may take advantage of being located within walking distance of essential services. It is considered that the siting, bulk, scale and mass of the proposed apartment building is appropriate having regard to the neighbourhood character of the area and the immediate streetscape. It is considered that the east and west (side) elevations have been well articulated through the use of varying materials and colours and varying setbacks. While it is acknowledged that the development will have an affect on the residential amenity of adjoining neighbours, it is considered that this affect is reasonably small, having predominantly being addressed through the submission of amended plans (received 5th May 2009). Clause 22.11 - Residential Development Policy The proposal has been assessed against the objectives and policy of the Residential Development Policy. In this instance, the broad policy objective as stated at Clause 22.11-3 is to “encourage increased residential densities and a wider diversity in housing types and sizes in areas which are within convenient walking distance of public transport and activity centres.” It is considered that the proposed development is consistent with this broad objective, by proposing a higher-density development, which takes advantage of the site’s close proximity to the Parkdale Railway station, bus stops, local shops, schools and public open spaces. Clause 32.01: Residential 3 Zone: The purpose of the Residential 3 zone includes the provision of residential development at a range of densities with a variety of dwellings to meet the housing needs of all households. Schedule: The proposal meets the additional requirements listed in the Schedule to the Residential 3 zone. Clause 43.02 – Design & Development Overlay Schedule 1 to this overlay requires new development to protect and enhance the foreshore environment of Parkdale (among other areas); to ensure that new buildings, works, renovations and extensions are compatible with surrounding buildings and natural features, and sympathetic to the surrounding natural landscape and environment and to relate building heights, building bulk and setbacks to adjoining sites so that they are compatible with and enhance the appearance and character of the immediate locality.


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It is considered that the height and bulk of the proposed building is well designed in these terms. From a streetscape perspective, the proposed development is sympathetic to the built form (including heights and characteristics) of dwellings in the surrounding area. It is considered that the proposed building will have no impact on the foreshore environment, given the site’s proximity from the Parkdale foreshore. Clause 52.29 – Land adjacent to a Road Zone, Category 1: As mentioned earlier in this report, it is proposed to alter the existing vehicle crossover in Warrigal Road which is a Road Zone, Category 1. The application was referred to VicRoad, who require a two-way sealed vehicle crossover constructed at least 6.4metres wide, as measured at the property boundary and a sealed driveway constructed within the site, at least 6.4 metres wide for the first 6.0 metres to allow two-way traffic flow. To reflect this, the submitted basement plans needs to amend, which will be required as a condition of any planning permit issued. Clause 55: ResCode: The proposal has been assessed against the objectives and standards of Clause 55 (ResCode) of the Kingston Planning Scheme and it is considered that the development largely satisfies the requirements of ResCode. There appear to be the following areas of non-compliance, which are discussed below: Clause 55.03 - Site Layout and Building Massing Standard B6 – Street Setback – This standard requires a new building to be setback from the street the average distance of the two adjoining properties, to a maximum of 9 metres. In this instance, the proposed building should be setback 9 metres from Warrigal Road, however the proposed development does not comply with this standard, as the proposed street setback is 6 metres. This non-complying street setback is considered appropriate as existing dwellings and buildings along the east side of Warrigal Road – between No. 4 to No. 20 Warrigal Road - are uniformly set back at approximately 5 metres to 7 metres from the street. The anomaly within this streetscape is existing building at 12 Warrigal Road (to the immediate east of the subject site), which is set back at 16.1 metres. It is not considered appropriate to create another anomaly street setback within this immediate section of Warrigal Road, but rather continue the prevailing street setback of 5 metres to 7 metres, which the proposed development has done, by providing a setback of 6 metres. Standard B13 – Landscaping – The proposed development allows for landscaping to the north and south (front and rear) of the site, including the retention of an oak tree located to the rear (south) of the site. As reflected in the objections received, this oak tree holds significant value to adjoining properties (for aesthetic, historic and sentimental reasons) and therefore it is paramount that this tree be retained as part of this development. While the applicant has made considerable efforts to ensure that the setback of the building (including basement) from the trunk of the tree does not affect the roots of the tree, by setting the ground floor back by 6 metres from the southern boundary, to meet the concerns raised by Vegetation Management Officer in this instance.


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Standard B14 – Access – The proposed dwellings will be accessed via a single driveway from Warrigal Road, leading into a basement car park. Standard B14 requires a 5 metre wide driveway to be provided for a length of 7 metres where a driveway provides access for ten (10) or more car spaces. Access arrangements to the site will need to be altered to meet the conditional approval of VicRoads (as discussed earlier in this report). Should a planning permit issue, alterations to access will be required as a condition of permit. Clause 55.04 - Amenity Impacts Standard B17 – Side and Rear Setbacks – The setbacks of the proposed building comply with this standard, except for the first floor setback of Dwellings 2 and 10 from the west (side) boundary. These dwellings are setback (at the first floor) 2.15 metres and 2 metres respectively from the west (side) boundaries. These setbacks do not comply with Standard B17, which requires a minimum setback of 2.3 metres. It is considered that these non-complying setbacks will not affect the residential amenity of the adjoining south-western property (8 Warrigal Road), as this portion of the proposed building is located adjacent to the front garden and garage of 8 Warrigal Road. Moreover, it is considered that the west elevation of the proposed building is well articulated with varying setbacks, materials and colours, so to negate any impacts of these non-complying setbacks on the amenity of the west adjoining property. Standard B22 - Overlooking – The proposed development has been designed so as to limit overlooking of adjoining properties and is therefore generally compliant with this standard. It is proposed to construct external blades to the first floor west facing balconies of Dwellings 2, 5, 6, 7, 10, 11 and 12 to limit overlooking of the adjoining western property at 8 Warrigal Road in accordance with this standard. This blade will also be constructed to the south facing, first floor balcony of Dwelling 7. The blades will be attached to the south and west boundary of these first floor balconies, and will extend for 600mm in length at an angle of 45 degrees to limit overlooking into the habitable room windows and back garden of the west adjoining properties. In terms of design, and maintaining a sufficient standard of amenity for the future occupiers of these dwellings, these blades will maintain the feeling of openness and allow future residents a view outward and to the sky, without allowing residents to look down in to adjoining properties. The ground floor west facing habitable windows and private open spaces of Dwellings 3, 4, 5, 6, 7, 8 and 9 will be screened from overlooking 8 Warrigal Road by a proposed 1.8 metre high fence extending to a height of 2.5 metres as the land slops to the south (rear) boundary. The height of this fence exceeds that which is required (a minimum of 1.7 metres) by this standard. As the plans do not nominate the difference in height between natural ground level and ground level, it is considered that a notation should be included on plan, showing a min 1.7m high fence above ground level. Should a planning permit issue, this will be required as a condition. It is not considered that screening of the ground and first floor, east facing habitable room windows of Dwellings 1, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 are required. The ground floor windows will be screened from overlooking by the existing boundary fence and by a


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large carport located on the western boundary of the adjoining property at 12 Warrigal Road, which runs almost the length of the common boundary. It is not considered that screening of the first floor windows is required as this standard seeks to limit views into the habitable room windows and secluded private open spaces within a distance of 9 metres only. The first floor, east facing windows will not have the ability to overlook these spaces and therefore it is not considered that screening of these windows is required. It is considered that additional screening is required of the first floor, west-facing stairwell window of Dwellings 7 is required. Should a planning permit issue, this will be required via a permit condition. B23 Internal Views – A fixed and obscure screen, with a minimum height of 1.7 metres from finished floor level will be required between the first floor, west facing balconies of Dwellings 5, 6, 10, 11 and 12 to limit overlooking between Dwellings. Should a planning permit issue, this will be required via permit condition. Clause 65: Decision Guidelines This clause of the Planning Scheme sets out other matters which must be given regard to before deciding on an application. It is considered that the proposed development meets the requirements as set out in this Clause of the Planning Scheme. Neighbourhood Character Area Guidelines (Incorporated Document): The land is located within Area 19 of the Neighbourhood Character Guidelines. These guidelines state that the following elements are considered to contribute to the neighbourhood character of this area:

• Detached dwellings • Hipped and/or gabled roofs • Varying window shapes and sizes • Varied front boundaries and gardens • Front porches

It is considered that the proposed development, as amended in the plans submitted on 5th May 2009, is sympathetic to the character of the area as listed in the Neighbourhood Character Guidelines and as evidenced in the street. The modern, contemporary design of the building is considered appropriate, in that it incorporates key characteristics noted in the area without replicating a particular building form. It is considered that the proposed development is well articulated – using a variance in colours, materials and setbacks – and will make a positive contribution to the streetscape and the broader area. Designing Contextual Housing Guidelines – April 2003 (Reference Document): The Designing Contextual Housing Guidelines supplement the Kingston Neighbourhood Character Guidelines, Residential Development Policy and ResCode provisions and offer a range of design techniques and suggestions to assist with residential design which is responsive to local character.


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It is considered that the proposed development is consistent with these guidelines, in that the development provides a range of one and two bed dwellings, within close proximity of public transport, local shops and areas of public open space. It is also considered that the siting and form of the proposed building has been designed so as to locate the main bulk of the building toward the front of the site, away from the back gardens surrounding properties. RESPONSE TO GROUNDS OF OBJECTION: Overlooking – The amended plans submitted on 18th May 2009 address the issue of overlooking by fitting external screens (blades) to the first floor, west and south facing balconies. These external screens have the effect of both limiting views from the balcony and first floor, west and south facing windows over adjoining properties to the west (8 Warrigal Road) and south (9 and 11 Genoa Street). It is considered that screening of the west facing, first floor stairwell window of Dwelling 7 is reasonable and this is recommended as a condition of any planning permit issued. It is not considered that screening of the east facing, first floor habitable room windows is required, as these windows do not allow a direct view into a habitable room window or the secluded private open space of the adjoining properties to the east. Overshadowing – Standard B21 of ResCode relates solely to the impact of additional shadow on the secluded private open space of an existing dwelling. In this case, only the properties to the west and south of the site are applicable. Given the setbacks of the proposed development from these common boundaries, the extent of additional shadow to adjoining properties will not exceed that which is allowed by Standard B21 of ResCode (at least 75 per cent, or 40 square metres with minimum dimension of 3 metres, whichever is the lesser area, of the secluded private open space should receive a minimum of five hours of sunlight between 9 am and 3 pm on 22 September). Oak Tree – It is proposed to retain the oak tree, located on the south (rear) boundary of the site as part of this development. Excavation works associated with the basement will take place a minimum of 6 metres from the trunk of the tree so as to ensure that these works do not affect the critical root zone/health of the tree. The ground floor of the building will then be cantilevered over the tree. It is considered that these provisions are acceptable to ensure the future health of the tree. Over-development – It is considered that the proposed development is not an over-development of the site, given its general compliance with ResCode. Visual bulk, scale and mass/feeling of being enclosed – It is considered that the proposed building is well articulated and incorporates varied setbacks, materials and colours to break-up the form of the building when viewed from adjoining properties. The bulk of the building is located to the front of the site stepping away, particularly at the first floor on the west (side) boundary, as the building nears the south (rear) boundary. It is considered that the impact of the visual bulk, scale and mass lessens at the rear of the building where large setbacks have been provided between the ground floor and first floor on the south (rear) and west (side) boundaries.


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Site Coverage – The development proposes 41.5% site coverage. This complies with ResCode which allows a maximum of 60% site coverage. Car parking – The development provides fourteen (14) car spaces within the basement car parking comprising one (1) car space for each dwelling and two (2) visitor car spaces. This provision complies with ResCode. Given that the site is located within walking distance of the Parkdale Railway Station, bus routes and local shops and services it is considered that this provision of parking is acceptable as future residents will be able to live at this site without relying on private transportation for goods and services. Loss of large, single family allotments in the area - There is no prohibition on multi-dwelling development under the Planning Scheme in this area, and State Planning Policy seeks to promote urban consolidation to increase the number of dwellings available to Melbourne’s population, particularly in areas located within easy walking distance of public transport, shops, schools and public open space. It can therefore be expected that there will be some change in the area. Loss of property values - Property values cannot be considered under the Kingston Planning Scheme or the Planning and Environment Act 1987. Construction Noise – Should this development proceed to construction, the impact of construction (noise, dust, etc) to adjoining properties will be controlled by both conditions placed on the planning permit and EPA regulations. These controls will limit the time to which construction can occur on site; limit noise, etc. Potential increase in crime – The proposed development of this site for twelve (12) dwellings in itself should not lead to an increase in crime in the area. The proposed building has been designed so as to ensure the safety and security of future residents. GENERAL COMMENT: The proposed development is considered appropriate for the site as evidenced by:

• The design and siting of the proposed development to be compatible with the surrounding area;

• The proposal should not have a detrimental impact on surrounding properties (subject to appropriate conditions); and,

• The proposal satisfies the requirements of the Kingston Planning Scheme, including the MSS, Residential Development Policy, Residential 3 zoning and the Schedule to the zone, Neighbourhood Character Overlay, Clause 55 – Two or more dwellings on a lot and Residential Buildings and the Neighbourhood Character Area Guidelines and the Designing Contextual Housing Guidelines.

On balance and subject to the inclusion of suitable conditions, the proposal is considered reasonable and warrants support.


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RECOMMENDATION: That Council resolve to issue a Notice of Decision to Grant a Planning Permit for the development of this site for twelve (12) dwellings and alter an access to a road in a Road Zone, Category 1, subject 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 substantially in accordance with the amended plans submitted to Council on 27th November 2008, but modified to show:

a. Substitution of the plans with those submitted on 18th May 2009; b. The provision of a landscape plan in accordance with the submitted

development plan and the City of Kingston Landscape Plan Checklist, with such plans to be prepared by a suitably qualified landscape professional and incorporating: i. an associated planting schedule showing the proposed location, species

type, mature height and width, pot sizes and number of species to be planted on the site. The schedule must be shown on the plan;

ii. the delineation of all garden beds, paving, grassed areas, retaining walls, fences and other landscape works including areas of cut and fill throughout the development;

iii. all tree and shrub planting for the site to comprise advanced plant stock to compensate for the removal of vegetation from the land;

iv. all existing trees on the site and within three (3) metres to the boundary of the site on adjoining properties, accurately illustrated to represent actual canopy width and labelled with botanical name, height and whether the tree is proposed to be retained or removed;

v. a range of plant types from ground covers to large shrubs and trees;

vi. adequate planting densities (e.g.: plants with a mature width of 1 metre, planted at 1 metre intervals);

vii. the provision of one (1) suitable medium sized (at maturity) canopy tree within the front setback of the property and one (1) small (at maturity) tree within the private open space area of each dwelling, with species chosen to be approved by the Responsible Authority.

viii. sustainable lawn areas and plant species taking current water restrictions into consideration;

ix. all trees provided at a minimum of two (2) metres in height at time of planting;

x. medium to large shrubs to be provided at a minimum pot size of 200mm; and


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xi. the provision of notes on the landscape plan regarding site preparation, including the removal of all weeds, proposed mulch, soil types and thickness, subsoil preparation and any specific maintenance requirements.

c. A notation to the effect that a permeable surface must be provided to the pedestrian paths leading to Dwellings 1 and 2 from Warrigal Road.

d. A notation to the effect that the two Washington Palm Trees in the front setback will be retained.

e. A notation to the effect that a timber paling fence along the south-western (side) boundary will be provided at a level not lower than at any point 1.7m high from ground floor finished floor level.

f. A fixed, external screen (allowing no more than 25% transparency) be fitting to the first floor, west facing stairwell window of Dwelling 7, up to a sill height of 1.7 metres above the finished floor level of the landing.

g. A notation to the effect that fixed and obscured glazing panels to a height of 1.7 metres above finished floor level must be fitted between the west-facing balconies of Dwellings 5, 6, 10, 11 and 12.

h. The provision of amended basement floor plan by accommodating VicRoads condition 5 of this permit and required car parking spaces.

i. The provision of a building materials and colour schedule (including samples) for all external elevations to the dwellings; and

j. All requirements of VicRoads, in accordance with condition 5 of this permit.


3. Prior to the occupation of the dwellings hereby permitted, the landscaping works as shown on the endorsed plans must be completed to the satisfaction of the Responsible Authority. The landscaping must then be maintained to the satisfaction of the Responsible Authority.

4. Prior to the occupation of the dwellings hereby permitted, all buildings and works and the conditions of this permit must be complied with, unless with the further prior written consent of the Responsible Authority.

5. Conditions required by Vic Roads: a). Prior to the commencement of the development and use, an amended

Basement Plan (Dwg No. TP3, Rev A, dated 29 Feb 2008) must be submitted to VicRoads and the Responsible Authority for approval detailing:

i) A two-way sealed vehicle crossover constructed at least 6.4metres wide, as measured at the property boundary.

ii) A sealed driveway constructed within the site, at least 6.4 metres wide for the first 6.0 metres to allow two-way traffic flow.

b) The edges of the vehicular crossovers must be angled at 60 degrees to the road reserve boundary, to the satisfaction of the Responsible Authority.


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c) Existing vehicle crossovers must be removed and the footpath, nature strip and kerbing reinstated to the satisfaction of the Responsible Authority.

d) Prior to the commencement of any works within the Warrigal Road reservation the applicant must have first applied for and received written consent from VicRoads for those works in accordance with Section 63 of the Road Management Act 2004.

e) All car parking spaces shall be designed to allow all vehicles to drive forwards when both entering and leaving the property.

f) The basement ramp slope must not be greater than 1 vertical to 20 horizontal for at least the first 6.0 metres inside the property. This requirement will ensure that existing vehicles are substantially stationary prior to crossing the footpath and hence not a risk to pedestrians. The remainder of the basement ramp shall be designed in accordance with AS2890.1-1993.

6. The development of the site must be provided with stormwater works which incorporates the use of water sensitive urban design principles to improve stormwater runoff quality and which also retains on site any increase in runoff as a result of the approved development. The system must be maintained to the satisfaction of the Responsible Authority. Council's Development Engineer can advise on satisfactory options to achieve these desired outcomes which may include the use of an infiltration or bio retention system, rainwater tanks connected for reuse and a detention system.

7. Before the development commences, a Stormwater Management Plan showing the stormwater works to the nominated point of discharge must be prepared to the satisfaction of the Responsible Authority. The Stormwater Management Plan must be prepared by a qualified person and show all details of the proposed stormwater works including all existing and proposed features that may have impact (e.g. trees to be retained, crossings, services, fences, abutting buildings, existing boundary surface levels, etc.).

8. Stormwater works must be provided on the site so as to prevent overflows onto adjacent properties.

9. Construction on the site must be restricted to the following times:

a. Monday to Friday 7:00am to 7:00pm; and b. Saturday 9:00am to 6:00pm.

Or otherwise as approved by the Responsible Authority in writing. 10. A street number of 100mm minimum height and contrasting in colour to its

background, must be fixed at the front boundary of the property and as near as practicable to, or on the letterboxes with such numbering to be in accordance with Council’s Street Numbering Policy. Separate dwelling numbers of 75mm minimum height must be placed adjacent to the front entrance of each dwelling. Such numbers must be clearly legible from the access driveway.

11. Prior to the occupation of the dwellings hereby permitted, all boundary fences must be in good condition, with any costs associated with their replacement


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and/or repair at the cost of the applicant/owner, to the satisfaction of the Responsible Authority.

12. Exterior lights must be installed in such positions as to effectively illuminate all pathway and porch areas. Such lighting must be controlled by a time clock or sensor dwelling, and must be designed, baffled and located to the satisfaction of the Responsible Authority to prevent any adverse effect on neighbouring land.

13. Prior to the occupation of the dwellings hereby permitted, areas set aside for parking vehicles, 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 in accordance with the endorsed plans under this permit, to the

satisfaction of the Responsible Authority. 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 and maintained to the satisfaction of the Responsible Authority.

14. 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.

15. All piping and ducting above the ground floor storey of the development (other than rainwater guttering and downpipes) must be concealed to the satisfaction of the Responsible Authority.

16. Finished Floor Levels shown on the endorsed plans must not be altered or modified without the prior written consent of the Responsible Authority.

17. External clothes drying facilities must be provided for each dwelling. 18. Once the development has started it must be continued and completed to the

satisfaction of the Responsible Authority. 19. In accordance with section 68 of the Planning and Environment Act 1987, this

permit will expire if one of the following circumstances applies:

• The development is not started before two (2) years from the date of this permit

• The development is not completed within one (1) year of the commencement of works.


Note: Prior to the commencement of the development you are required to obtain the

necessary Building Permit.


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Note: The applicant/owner must provide a copy of this planning permit to any appointed Building Surveyor. It is the responsibility of the applicant/owner and Building Surveyor to ensure that all building development works approved by any building permit is consistent with the planning permit.

The meeting was addressed by Mr David Peirce on behalf of the objectors and Mr Chris Pippo on behalf of the applicant. Crs Dundas/Brownlees That a Notice of Refusal to Grant a Permit be issued on six grounds: 1. The proposal constitutes an over-development of the site. 2. The proposal would detract from the visual amenity of the locality and the

streetscape. 3. The proposal would detrimentally affect the amenity of the neighbourhood. 4. The proposal exhibits excessive built form scale and mass, to the detriment of the

character of the area. 5. The proposal does not satisfy all of the requirements of Clause 55 of the Kingston

Planning Scheme (ResCode), in particular Clause 55.02-1 Neighbourhood Character Objectives, Clause 55.03-1 Street Setback Objective, Clause 55.03-8 Landscaping Objectives, Clause 55.03-9 Access Objectives, Clause 55.04-1 Side and Rear Setbacks Objective, Clause 55.04-6 Overlooking Objective, Clause 55.04-7 Internal Views Objective, Clause 55.03-8 Landscaping Objectives and Clause 55.06-1 Design Detail Objective.

6. The proposal does not provide adequate open space for all units. Carried


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8. Question Time Michael Grace asked that the issues he has raised in a letter to Council regarding a planning application be responded to by the Manager Planning and placed on the planning file. The Chief Executive Officer advised that a response will be provided to Mr Grace and the letter placed on Council’s file.


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L 59 KP978/08: 3 Joyce Street, Carrum APPLICANT: Belgraphik Building Design ADDRESS OF LAND: No. 3 (Lot 1 on PS29807) Joyce Street, Carrum Melway Ref: 97D7 PROPOSAL Four (4) dwellings CONTACT OFFICER: Girija Shrestha FILE NO: KP978/08 ZONING: Residential 1 KINGSTON PLANNING SCHEME ORDINANCE CONTROLS:

State Planning Policy Framework Clause 12: Metropolitan Development Clause 14: Settlement Clause 16.02: Housing – Medium Density Housing Local Planning Policy Framework Clause 21.05 MSS – Residential Land Use Clause 22.11: Residential Development Policy Clause 22.12: Carrum Activity Centre Policy Clause 32.01: Residential 1 Zone & Schedule Clause 55: Two or More Dwellings on a Lot & Residential Buildings Clause 65: Decision Guidelines

RESIDENTIAL POLICY AREA:

Increased Housing Diversity

NEIGHBOURHOOD CHARACTER AREA:

Area 81

DECISION BY: 10th March, 2009.. NETT DAYS: 108 days @ 24th April, 2009 Main Issues Relating to this Application

- Neighbourhood character - Secluded Private Open Space


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Development Assessment Table Criteria ResCode Requirement Proposed Development

Provision Clause 22.11- Residential

Policy Requirement Private

Open Space An area of 40m2, with one part of the private open space to consist of secluded private open space at the side or rear of the dwelling with a minimum area of 25m2, a minimum dimension of 3 metres and convenient access from a living room.

Complies Dwelling 1 – 78m² of yard and 25m2 of deck (2 bedroom dwelling) Dwelling 2 – 33m² of yard and 28m2 of deck (2 bedroom dwelling) Dwelling 3 – 37m² of yard and 6m2 of deck (2 bedroom dwelling) Dwelling 4 - 35m² of yard and 6m2 of deck (2 bedroom dwelling)

As per ResCode

Car Parking One (1) space for each 2 bedroom dwelling.

Dwelling 1 – one (1) car space – in single garage Dwelling 2 – one (1) car space – in single garage Dwelling 3 - one (1) car space – in single garage Dwelling 4 - one (1) car space – in single garage

Adequate car parking for future residents and visitors

Dwelling Setback to

Street

The average distance of the setbacks of the front walls of the existing buildings on the abutting allotments facing the front street or 9 metres, whichever is the lesser.

Complies. The development is setback 6.92 metres from the Joyce Street frontage stepping to 9.18 metres.

As per ResCode

Site Coverage

Maximum 60%

Complies. Site coverage is proposed at 44%.

As per ResCode


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EXISTING CONDITIONS: The subject site is located on the north side of Joyce Street, Carrum. It is rectangular in shape with a frontage width of 20.12 metres, a maximum depth of 37.83 metres, resulting in an overall area of 760.94m². The site presently contains a single storey weatherboard dwelling, a flat roof carport and one outbuilding. Vehicle access to the site is via a single width crossover located on the west side of the property frontage. The land is relatively flat and there does not appear to be any restrictions listed on the certificate of title. The subject site contains established vegetation. Joyce Street is a short cul-de-sac, ending at the rear of the Station Street shops. Village Lane provides pedestrian access to McLeod Road and local amenities, shops and transport. Under the Carrum Activity Centre Policy, the short street is divided between the Eastern Residential Precinct and Station Street Precinct, which has a more commercial and contemporary focus, and as such has a mix of building types and styles. The site lies on the boundary between these precincts. The housing stock on the street is mixed in terms of type, scale and style. It comprises a modern, seven (7) apartment complex, a number of single storey detached dwellings and a one renovated, two storey detached dwelling. The two storey dwelling is a renovated weatherboard. Others are older single storey dwellings with a variety of architectural styles and finishes – face brick, render, weatherboard and cement sheet in off white, blue and yellow. They are varying states of repair. The apartments are a flat roofed, contemporary building with grey render, red stained timber, limestone block and galvanized steel finishes. The proposed site backs onto nine recently constructed single and double storey red brick dwellings at 34 Valetta Street (facing shared driveway) and the rear of an apricot brick (non-residential) senior citizens’ activity centre at 38 Valetta Street. Front boundaries have a variety of treatments. Some are unfenced; some have low, transparent fences. The rear of the Station Street shops presents as a series of garages, high fences and wheelie bins. PROPOSAL IN DETAIL: It is proposed to demolish the existing dwelling and outbuildings and to construct four (4) double storey dwellings on the site. Each dwelling would have two bedrooms. Dwelling 1 is proposed to front Joyce Street, with the remaining dwellings fronting the common driveway. Each dwelling would have a single garage accessible via a drive way, which is located west side of the property boundary. The existing crossover would be used for the common proposed driveway.


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Building Materials and colours have been nominated as: Roof: Custom orb roofing with headland colour, Metal deck roof Walls: Weatherboards with pain finish (Spanish white), Timber

weather board with clear finish, custom orb with ribs (woodland grey), bagged brick work, selected stone cladding

Garage doors Galvanised finish Windows: Timber framed finished with paint finish (Woodland grey) Driveways: Not nominated Front fencing: Picket fence with paint finish (Spanish white) Boundary fences: Not nominated

The proposal would result in a site coverage of 44%, and a site permeability of 30%.

TITLE DETAILS The applicant has completed a restrictive covenant declaration form declaring that there is no restrictive covenant on the title. AMENDMENT TO THE APPLICATION BEFORE NOTIFICATION No amendments made. ADVERTISING The proposal was advertised by sending notices to adjoining and opposite property owners and occupiers and by maintaining a notice on site for fourteen (14) days. Three (3) objections to the proposal where received. The grounds of concern may be summarised as follows:

• Overlooking • Neighbourhood Character • Traffic • Tree removal • Overshadowing • Overdevelopment PRELIMINARY CONFERENCE A preliminary conference was held on Wednesday, 4th March, 2009 with the relevant Planning Officer, South Ward Councillor Donna Bauer, the applicant and two (2) objectors in attendance. One (1) objector could not attend the conference; however her objection was read during the conference. The above mentioned objections where discussed at length, however, some of the above concerns such as overdevelopment, neighbourhood character and traffic were unable to be resolved at the conference and the objections still stand.


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The agreed changes related to the concerns about overlooking and the retention of some vegetation on site, specifically:

• 1.7m high screen to the west sides of the upper level balconies for dwelling 1, 2, and 3

• the ‘flowering gum’ tree would not be removed AMENDMENT TO THE APPLICATION AFTER NOTIFICATION AND RE-NOTIFICATION No amendments made. PLANNING SCHEME PROVISIONS A planning permit is required to develop land for two dwellings, pursuant to Clause 32.01-4 of the Kingston Planning Scheme (the Scheme). In addition, according to ResCode at Clause 55 and the decision guidelines at Clause 65 of the Scheme, Council must consider the State Planning Policy Framework (Clause 16) and the Local Planning Policy Framework (LPPF), including the Municipal Strategic Statement of the Scheme. The subject land is zoned Residential 1. The site is located in an Increased Housing Diversity areas, as identified by the Residential Land Use Framework Plan that forms part of the Municipal Strategic Statement. REFERRAL

No external referrals were required in respect of this application. Internal Council Referrals (where appropriate amended applications have been re-referred)

Advice/Response/Conditions

Drainage Engineer No objection subject to the inclusion of suitable conditions on any permit issued.

Vegetation Management Officer No objection, subject to the inclusion of suitable conditions on any permit issued.

Strategic Department No objection, subject to the inclusion of suitable conditions on any permit issued.

DISCUSSION Kingston Planning Scheme Provisions: Clause 12: Metropolitan Development This section of the scheme provides specific objectives and strategies for Metropolitan Melbourne, including the following:


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Clause 12.01 A more compact city seeks to: § Facilitate sustainable development that takes full advantage of existing settlement

patterns, and investment in transport and communication, water and sewerage and social facilities.

§ Locate a substantial proportion of new housing in or close to activity centres and other strategic redevelopment sites that offer good access to services and transport.

Clause 12.05 A great place to be – seeks to create urban environments that are of better quality, safer and more functional, provide more open space and an easily recognisable sense of place and cultural identity, including: § Promotion of good urban design to make the environment more liveable and

attractive. § Recognition and protection of cultural identity, neighbourhood character and sense of

place. § Improvement of community safety and encouragement of neighbourhood design that

makes people feel safe. § Protection of heritage places and values. § Promotion of excellent neighbourhood design to create attractive, walkable and

diverse communities. § Improvement of the quality and distribution of open space and ensuring the long term

protection of open space. § Improvement of the environmental health of the bays and their catchments. Clause 12.06 A fairer city – seeks to increase the supply of well located and affordable housing by: § Encouraging a significant proportion of new development, including development

activity centres and strategic redevelopment sites, to be affordable for households on low to moderate incomes.

§ Facilitate a mix of private, affordable and social housing in Transit Cities Projects. § Ensuring the redevelopment and renewal of public housing stock better meets

community needs. Clause 12.07 A greener city – seeks to minimise impacts on the environment to create a sustainable path for future growth and development by: § Ensuring that water resources are managed in a sustainable way. § Reduce the amount of waste generated and encourage increased reuse and recycling

of waste materials. § Contribute to national and international efforts to reduce energy usage and

greenhouse gas emission. § Reduce the impact of stormwater on bays and catchments. Clause 12.08 Better transport links seeks to: § Manage the road system to achieve integration, choice and balance by developing an

efficient and safe road network and making the most of existing infrastructure. § Give more priority to walking and cycling in planning urban development and in

managing the road systems and neighbourhoods. It is considered that this application meets these objectives.


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Clause 14.01: Planning for Urban Settlement This section of the Scheme seeks facilitate the orderly development of urban areas. It is considered that this application meets these objectives. Clause 14.01-2: Planning for Urban Settlement - General Implementation This section of the Scheme seeks to ensure that the consolidation of residential and employment activities is encouraged within existing urban areas and designated growth areas, and that development in existing residential areas should be respectful of neighbourhood character, and that higher land use densities and mixed use developments should be encouraged near railway stations, major bus terminals, transport interchanges and tram and principal bus routes. It is considered that this application meets these objectives. Clause 16.02: Housing - Medium Density Housing It is the objective of the State Planning Policy Framework to encourage the development of well-designed medium-density housing which: § Respects the character of the neighbourhood. § Improves housing choice. § Makes better use of existing infrastructure. § Improve energy efficiency of housing. It is considered that this application clearly meets these objectives. Clause 21.05 MSS - Residential Land use In accordance with Council’s MSS, the subject site is located within an area identified for “Increased Housing Diversity”. Increased Housing Diversity The intention in these areas is that new medium density housing comprising a variety of housing types and layouts will be promoted responding to the established by evolving urban character. Because these are already established as residential areas, the design of new medium density housing proposal will need to display sensitivity to the existing residential context and amenity standards in these areas. The objectives of the Municipal Strategic Statement (as relevant to this application) include: • Objective 1: To provide a wide range of housing types across the municipality to

increase housing diversity and cater for the changing needs of current and future populations, taking account of the differential capacity of local areas in Kingston to accommodate different types and rates of housing change.

• Objective 2: To ensure new residential development respects neighbourhood character and is site responsive, and that medium density dwellings are of the highest design quality.


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• Objective 3: To preserve and enhance well landscaped/vegetated environments and protect identified significant vegetation.

• Objective 4: To promote more environmentally sustainable forms of residential development.

• Objective 5: To manage the interface between residential development and adjoining or nearby sensitive/strategic land uses.

• Objective 6: To ensure residential development does not exceed known physical infrastructure capacities.

Relevant strategies to achieve these objectives (as relevant to this application) include: • Promote increased housing diversity in residential areas that are within convenient

walking distance of public transport and activity notes (increased housing diversity areas). Such areas will accommodate a variety of medium density housing types and layouts at increased residential densities, responding to the established but evolving neighbourhood character.

• Promote new residential development which is of a high standard, responds to the local context and positively contributes to the character and identity of the local neighbourhood.

• Promote new residential development which provides a high standard of amenity and quality of life for future occupants.

• Encourage the retention of existing vegetation wherever possible. • Improve landscape character by accommodating appropriate landscaping within

new residential developments. • Ensure that the planning, design, siting and construction of new residential

development responds to best practice environmental design guidelines for energy efficiency, wast and recycling, and stormwater management.

• Promote medium density housing development in close proximity to public transport facilities, particularly train stations.

• Ensure the siting and design of new residential development sensitively responds to interfaces with environmentally sensitive areas, including the foreshore.

• Ensure that where medium and higher density residential areas are proposed adjacent to lower density residential areas, the design of such development takes proper account of its potential amenity impacts.

• Ensure that the siting and design of new residential development is consistent with Urban Stormwater Best Practice Environmental Management Guidelines and that new development contributes to the maintenance and upgrade of local drainage infrastructure as required, where such new development will impact on the capacity of such infrastructure.

• Require the provision of car parking to satisfy the anticipated demand having regard to average car ownership levels in the area, the environmental capacity of the local street network and the proximity of public transport and nearby on and off street car parking.

• Ensure that all new medium density housing provides adequate private open space that is appropriately landscaped.


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It is considered that the proposed development is consistent with the relevant objectives of Council’s Municipal Strategic Statement as outlined above. The proposal creates an adequate standard of amenity for the future occupants of each dwelling, as well as for occupants of existing dwellings in the immediate area. It is considered that the development will have minimal impact on the existing streetscape character, and the broader local neighbourhood character. Clause 22.11 - Residential Development Policy The proposal has been assessed against the objectives and policy of the Residential Development Policy, which can be summarised under the following headings:

• Housing change • Neighbourhood character • Built form, siting and scale of development • Car parking and vehicle access • Stormwater run-off mitigation and quality management

It is considered that the proposal satisfies the above relevant requirements. The “built form, siting and scale of development” section of the Policy states the following:

• Encourage the two-storey component of new medium density housing to be located towards the front of the site.

• Ensure that any upper storey components towards the rear of sites are sensitively designed to avoid unreasonable adverse amenity impacts on neighbours.

• Encourage well-articulated and graduated elevations in order to avoid “box-like” double storey designs, thus reducing visual bulk.

• Ensure that the siting of new buildings respects the amenity of adjoining neighbours with regard to rear yards and garden outlooks from habitable room windows.

• Ensure that the design and layout of new dwellings incorporate features which minimise overlooking of adjacent properties.

• Address potential overlooking through site layout planning as well as individual dwelling planning.

It is considered that the proposed development would satisfy the above policies under Clause 22.11 of the Kingston Planning Scheme. There are however some areas of non-compliance which include the constr4uction of double storey dwellings to the middle and rear of the site. The proposed double storey dwellings would have upper level elements that are well recessed from the lower level and overall, has been designed and articulated so that it will not appear bulky when viewed from the street or abutting properties. Further, to the rear of the subject site, at No. 34 Valetta Street, a multi-unit development with nine (9) dwellings exists. Many of these dwellings are double storey dwellings, two of them are rear of this development. Given the driveway to these dwellings adjoins the proposed development and the setback of the proposed development from the rear


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boundary, it is not considered that the proposed development would have any unreasonable impact on neighbouring properties. Clause 22.12: Carrum Activity Centre Policy The Carrum Activity Centre Policy (Clause 22.12) was introduced into the Kingston Planning Scheme in November 2004 and intended, amongst other things, to strengthen Carrum’s role as an urban village and provide direction for managing housing change in the surrounding residential areas. With respect to housing change the policy promotes increased housing diversity in residential areas around the Carrum shopping centre with an emphasis on small medium density dwellings. As mentioned previously in the report, the subject site is located on the boundary of Station Street Precinct and Eastern Residential Precinct. According to Map of Carrum Activity Centre Framework Plan the boundary line between Station Precinct and Eastern Residential Precinct divides this lot. However, as the proposal is for residential use and develops, it has been assessed against the Eastern Residential Precinct and also looked at how it can play a role as a transitional change between these two precincts. The Eastern Residential Precinct, seeks to promote the following;

• The development of appropriately designed smaller medium density housing with strong encouragement for smaller dwellings consistent with the preferred coastal cottage character.

• The development of sensitively designed medium density housing in the form of small dwellings reflecting an ‘historic’ coastal cottage character. This may be achieved in the following ways;

o Interpreting traditional building designs which include single and double frontages, pitched hipped and gable roofs, eaves, vertical rectangular window openings and verandah’s.

o Using traditional building materials including horizontal weatherboard cladding, light tone rendered brickwork, corrugated iron roofs, brick chimneys, timber verandah’s, and door and window joinery and painted finished.

o Using the building materials, finished and colours appropriate to the coastal location which are non-reflective and are of natural and muted colours that will blend with the suburban coastal setting.

• Ensure that front fences are low, transparent and constructed of traditional materials.

It is considered that the proposed development is consistent with the above policy.

In relation to Building height and setbacks, the Eastern Residential Precinct seeks to; • Ensure two storey dwellings are sensitively designed to integrate with the

predominantly single storey building height throughout the area. This may be achieved by


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o Reducing the floor area of upper levels compared to ground levels. o Increasing the setback of second storey walls to that of first storey walls. o Including second storey rooms in attics or mezzanines or the like. o Ensure any two storey component of a dwelling at the rear of a site is

considerably less in area than the ground floor and is set back from property boundaries to avoid overshadowing or visual intrusion to the rear yards of neighbours.

It is considered that the proposed development is consistent with the above policy. In relation to Landscaping, the Eastern Residential Precinct seeks to;

• Ensure the area of soft landscaping is 50 per cent of the required private open space, and hardstand areas consist of porous surfaces to maximise infiltration.

It is considered that the proposed development is consistent with the above policy.

Overall, in relation to the objectives of the Carrum Activity Centre Policy, the proposal is considered appropriate.

Clause 32.01: Residential 1 Zone The purpose of the Residential 1 zone includes the provision of residential development at a range of densities with a variety of dwellings to meet the housing needs of all households. A planning permit is required for the development of 2 or more dwellings. Schedule The proposal meets the additional requirements listed in the Schedule to the Residential 1 zone by incorporating a condition requiring to reduce the height of front fence to 1.2m in the planning permit. Clause 42.02 – Design and Development Overlay Schedule 1 – Urban Coastal Height Control Area The design objectives of the Urban Coastal Height Control Area include: • To ensure that new buildings, works, renovations and extensions are compatible

with surrounding buildings and natural features, and sympathetic to the surrounding natural landscape and environment.

• To relate building heights, building bulk and setbacks to adjoining sites so that they are compatible with and enhance the appearance and character of the immediate locality.

It is considered that the proposed development satisfies the requirements of this overlay as the development proposed is not greater than 2 storeys in height.


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Schedule 7 – Urban Coastal Foreshore Setback Control Area The design objectives of the Urban Coastal Foreshore Setback Control Area include:

• To protect and enhance the visual and aesthetic appearance of the foreshore area. • To encourage new buildings and works which are sympathetic to the surrounding

foreshore environment.

It is considered that the proposed development satisfies the requirements of this overlay as the development proposed is outside than 4.5 metres of the foreshore reserve boundary. Clause 55: Rescode The proposal has been assessed against the objectives and standards of Clause 55 (ResCode) of the Kingston Planning Scheme. It is considered that the proposal satisfactorily meets the requirements of Rescode. There are however some areas of non-compliance which are as follows: Standard B1 Neighbourhood Character and Standard B31 Design Detail: As outlined earlier in the report, Joyce Street is a short cul de sac, ending at the rear of the Station Street shops. The housing stock on the street is mixed in terms of type, scale and style. It is considered that the street does not present a coherent theme in terms of built form. The design of the proposal combines elements of this mixed environment in demonstrating sympathy to the character of the area. The dwellings are set out one behind the other, are well articulated and use a variety of materials and colour to break up the built, scale and mass of the development. It is considered that the bulk, scale and mass of the proposed development has been addressed by its proposed side and rear setbacks and by the inclusion of the first floor of Dwelling 1 under its curved roof. This proposed curved roof is an interesting and key feature of the proposed development, and will be discussed further under the Neighbourhood Character Guideline section of this report. The only wall proposed on the boundary is on the west (side) boundary, in close proximity to the north west (rear) corner. This wall accommodates a single garage and it is considered that the instance of walls on boundaries is very small compared to the overall development and will have no impact on the character or amenity of the area. The proposal provides vehicle access via the common driveway, with garage accessible via the driveway as well. This element of the design results in a blank garage wall facing the street. To provide visual interest, it is recommended that a window be included in this elevation to improve the perception of safety and surveillance of Dwelling 1 over the street. This can be achieved via a permit condition, if any permit is issued. Another, dominant element in the proposal is the large area of the balustrade of balconies. The dominance can be reduced by incorporating varied building materials such as opaque


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glass or any other material which matches with the proposed balustrade but reduce the visual bulk. In the context of south elevation plan (front elevation), the height of the balustrade is 1.2m which would not appear bulky in the context of the elevation. It is recommended that the variation of material of balustrade of balconies in North and West elevations be required as a condition of permit, should a planning permit issue. Some habitable rooms within the development have been proposed with the poor amenity due to having been provided with only screened windows. There is possibility to include an unscreened window to bedroom 2 of dwelling 2. To improve the amenity of this room, an unscreened window on the south facing wall is recommended as it will help to articulate the elevation. The study area can be reduced and this south wall can be extended straight where a built-in-robe can be provided. It is recommended to include these changes in the plans and elevation as a permit condition, if any permit is issued. Standard B28 Private Open Space – Each dwelling has over 40 m2 in total of private open space. The private open space include in the form of yard at the ground level and deck at the first floor level. Dwellings 3 and 4 have north facing and dwellings 1 and 2 have east facing private open spaces. The private open space of dwelling 1 is located at the front of the dwelling. Given the lots of shrubs/big trees exist in the front open space of the dwelling, provision of the front fence, provision of small service yard in the side of the dwelling and the deck at the first floor, it is considered that the proposed open space at the front would not be unreasonable in this instance. Standard B30 Storage – Each dwelling has provided the storage area but has not been nominated in the plan as being 6m.3 A notation to this effect is recommended to be included as a condition of any planing permit issued Standard B32 Front Fences – A 1.5m high front fence with a gate has been proposed at the part of the front area. The height of this fence does not comply with Standard B32 which allows a maximum of 1.2m should a planning permit issued, it is recommended that reduction in height of front fence to 1.2m be included as a permit condition. Clause 65: Decision Guidelines This clause of the Planning Scheme sets out other matters which must be given regard to before deciding on an application. It is considered that the proposed development meets the requirements as set out in this Clause of the Planning Scheme. Neighbourhood Character Area Guidelines (Incorporated Document): The site is located within Character Area No.81. Within this area, the following characteristics are considered to make “major” contributions to the streetscape:

• Roof Shape: simple and complex hipped, simple and complex gable and

combination rooves and have an angle of pitch of 15 – 29 degree.

• Materials: various roof materials and colours and weatherboard or rendered walls mainly white or pastel.


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The proposal is generally in accordance with the applicable character profile. All dwellings have the pitched roof, except for Dwelling 1, which has a curve roof. It is considered that the curved roof of Dwelling 1 is acceptable as it would not appear bulky or incongruous to the street scape if built. Further, the muted colour treatment would help to reduce the visual bulk. The curve roof would be the behind by the existing eighteen metre high Norfolk Pine tree, the existing flowering gum tree and the screening shrubs along the front boundary which will not have direct visual impact on the streetscape. Further, a huge three storey contemporary dwelling is located at No. 7 Joy Street and this dwelling would be the transitional form of a two storey dwelling between the three storey dwelling and the single storey dwellings. The proposed contemporary designed development is considered to be sympathetic to the mix of building styles within the broader character of the area.

Designing Contextual Housing Guidelines – April 2003 (Reference Document): The Designing Contextual Housing Guidelines supplement the Kingston Neighbourhood Character Guidelines, Residential Development Policy and ResCode provisions and offer a range of design techniques and suggestions to assist with residential design which is responsive to local character. It is considered that the proposed development does not raise any issues of non-compliance with these guidelines. RESPONSE TO GROUNDS OF OBJECTION • Overlooking: The submitted plans comply with Standard B22 of ResCode and

indicate that any potential views from the development will be limited by appropriate screening devices, where required. Further, during Preliminary Conference, the applicant has agreed to raise up to 1.7m high balustrade over the balcony of Dwellings 1, 2 and 3 to meet concerns relating to this issue.

• Neighbourhood Character: as discussed above in the report, the area do not have

particular neighbourhood character due to being back of Station Street and/or being in the boundary of two precincts. There are a number of existing multi-dwelling residential developments/dwellings located within the subject site that area of varying styles and built form. The site, as specified in Council’s Local planning Policy Framework, is located within an Increased Housing Diversity Area and is, therefore, situated in an area that is identified for development change and difference through ‘housing diversity’. The Carrum Activity Centre Policy, Eastern Precinct, identifies a number of objectives to assist development within the area being compatible with the existing coastal character of the area i.e. smaller first floor areas and the use of weatherboard and lighter materials at first floor etc.

It is submitted that the proposed development generally respects the amenity of adjoining properties and will be required to include suitable permit conditions as mentioned previously in the report, it is submitted that the proposal, substantially complies with the set standards and objectives of Clause 55, as outlined above.

• Traffic: In relation to the provision of adequate car parking, the proposed

development satisfies the technical requirements of ResCode as each dwelling would have a single garage accessible from the driveway. There will be no loss of on-street


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parking, as the development will re-use the existing crossover in Joyce Street. Carrum Railway Station is located less than 100 metres from this development. It is considered that the traffic generated by the proposal can be adequately accommodated by the surrounding road network, and that no adverse impacts should be expected.

• Tree removal: During Preliminary Conference, applicant agreed to retain the

“Flowering Gum” tree. This will be included as a condition, if any permit is issued. • Overshadowing: The submitted shadow diagrams indicate that the proposal complies

with the overshadowing provisions of ResCode (Standard B21), and that no unreasonable shadow impact will occur in the existing secluded private open space as a result of the development.

• Overdevelopment: The objectors have raised concerns with regard to the number of

dwellings proposed on the site and consider this, combined with the double storey nature of the dwellings, is an overdevelopment of the site.

The proposal has a site coverage total of 44%, which meets both the objective and standard (maximum 60%) of Clause 55.03-3 of the Kingston Planning Scheme. It is considered that the question of overdevelopment cannot be answered or manifested simply by looking at site coverage and building size alone. Overdevelopment is usually characterised by development not meeting a majority of the assessment criteria of Clause 55 of the Kingston Planning Scheme (ResCode), which in this instance, is not apparent. It is considered that the proposal does not exhibit any of the usual indicators of overdevelopment, including unreasonable overlooking, insufficient private open space or insufficient car parking, unreasonable overshadowing. Further, it is considered that there are a number of examples of multi dwelling developments of similar scale and size to the proposal within neighbouring properties.

GENERAL COMMENT The proposed development is considered appropriate for the site as evidenced by: • The design and siting of the proposed development to be compatible with the

surrounding area; • The proposal should not have a detrimental impact on surrounding properties (subject

to appropriate conditions); and, • The proposal satisfies the requirements of the Kingston Planning Scheme, including

the MSS, Residential Development Policy, Residential 1 zoning and the Schedule to the zone, Clause 55 – Two or more dwellings on a lot and Residential Buildings and the Neighbourhood Character Area Guidelines and the Designing Contextual Housing Guidelines.

On balance and subject to the inclusion of suitable conditions, the proposal is considered reasonable and warrants support.


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RECOMMENDATION That a Notice of Decision to Grant a Permit for the development of this site for four (4) dwellings be issued, subject 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 substantially in accordance with the plans submitted to Council, but modified to show: a. the provision of a landscape plan in accordance with the submitted

development plan and the City of Kingston Landscape Plan Checklist, with such plans to be prepared by a suitably qualified landscape professional and incorporating: xii. an associated planting schedule showing the proposed location, species

type, mature height and width, pot sizes and number of species to be planted on the site. The schedule must be shown on the plan;

xiii. the delineation of all garden beds, paving, grassed areas, retaining walls, fences and other landscape works including areas of cut and fill throughout the development;

xiv.all existing trees on the site and within three (3) metres to the boundary of the site on adjoining properties, accurately illustrated to represent actual canopy width and labelled with botanical name, height and whether the tree is proposed to be retained or removed;

xv. a range of plant types from ground covers to large shrubs and trees; xvi.adequate planting densities (e.g.: plants with a mature width of 1 metre,

planted at 1 metre intervals); xvii. the provision of one (1) small (at maturity) tree within the private

open space area of each dwelling, with species chosen to be approved by the Responsible Authority.

xviii. sustainable lawn areas and plant species taking current water restrictions into consideration;

xix.all trees provided at a minimum of two (2) metres in height at time of planting;

xx. medium to large shrubs to be provided at a minimum pot size of 200mm; xxi.the provision of notes on the landscape plan regarding site preparation,

including the removal of all weeds, proposed mulch, soil types and thickness, subsoil preparation and any specific maintenance requirements;

xxii. the provision of a notation of the Tree Protection Details as provided in Conditions 3, 4 and 5 of this permit. This includes all nominated tree protection zones to be drawn to scale on the plans.

b. a notation on the site plan to the effect that the ‘Red Flowering Gum’ will be retained;


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c. ‘Town House 1’ nominated as ‘Dwelling 1’, ‘Town House 2’ nominated as ‘Dwelling 2’, ‘Town House 3’ nominated as ‘Dwelling 3’ and Town House 4’ nominated as Dwelling 4’ on the site plan;’

d. the provision of a water tank clearly nominated for each dwelling;

e. the nomination of storage size as being 6m3 on the site plan; f. the provision of a matching window in the blank side wall of the garage of

dwelling 1 in order to provide the sense of security/ sense of living space in the streetscape;

g. the provision of varied materials matching with the proposed material (such as opaque glass or any) for 1.7m high balustrade in the balcony to reduce the dominance/bulk of same material in the north and west elevation;

h. the provision of a new window in the south facing wall of bedroom 2 of dwelling 2 to replace the obscure north facing window. The proposed built-in-rob in this wall can be achieved by extending north wall towards the study area up to the door;

i. the provision of muted colour for the curve roof of Dwelling 1;

j. the turning circles for all garages to ensure the a fully functioning reversing area so that all vehicles may exit the site in a forwards direction. Any modification made to the site layout to accommodate this requirement must not result in any loss of secluded private open space;

k. the provision of landscaping strip along west boundary to increase 500mm at the opposite of garage of dwelling 2 and tapering down as it is and again to increase 500mm at the opposite of garage of dwelling 4 and tapering down to garage of dwelling 3 as it is;

l. the provision of 1.7m high screen from finished floor level to the west side of the upper level balconies for dwellings 1, 2 and 3;

m. the provision of 1.7m high screen from finished floor level to the north side of the upper level balconies for dwellings 3 and 4;

n. the provision of front fence height of dwelling 1 reduced to 1.2m o. a reduction in driveway width to 2.6 metres where possible, with the

additional area to be used for landscaping; p. the surface material of all driveways / accessways and car parking spaces

nominated in all-weather coloured concrete sealcoat, or similar; q. the door of each garage nominated as a panel lift door, or similar;

r. provision of a full colour, finishes and building materials schedule (including samples) for all external elevations of the proposed dwellings;


3. A Tree Protection Zone (TPZ) must be observed at a distance of the following: Five (5) metres in a radius surrounding the Araucaria heterophylla (Norfolk


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Island Pine) within the front setback. The edge of the tree protection fence must run parallel with the footpath.

Prior to the commencement of the development herby permitted a Tree Protection Fence defined by a 1.2 metre (or larger) high temporary fence constructed using steel or timber posts fixed in the ground or to a concrete pad, with the fence’s side panels to be constructed of cyclone mesh wire or similar strong metal mesh or netting, must be erected around the Araucaria heterophylla (Norfolk Island Pine) at the distance specified for the TPZ.

4. The following must be observed within the TPZ area (without the further consent in writing of Council’s Vegetation Management Officer):

a. the existing soil level must not be altered either by fill excavation; b. the soil must not be compacted or the soil’s drainage changed;

c. no fuels, oils, chemicals, poisons, rubbish and other materials harmful to trees are to be stored or dispersed;

d. no storage of equipment, machinery or material is to occur; e. open trenching to lay underground services e.g.: drainage, water, gas, etc.

must not be used; f. tree roots must not be severed or injured;

g. machinery must not be used to remove any existing concrete, bricks or other materials;

h. the area within the TPZ fence must be mulched using organic mulch (woodchips or similar) to a depth of 100mm. This can be removed at the conclusion of the construction of the dwellings.

5. All tree pruning work must be in accordance with the Australian Standards AS4373 (2007) “Pruning of Amenity Trees” and be undertaken by a qualified and experienced Arborist. Tree pruning works must be discussed with Council’s Vegetation Management Officers.

6. The footings for the southern wall of the front Dwelling 1 must be of pier and beam or similar construction. Footings must be engineered so that minimal excavation occurs within close proximity to the trees and all proposed footings must be approved by Council’s Vegetation Management OfficersPrior to the occupation of the dwellings hereby permitted, the new fence/s required under Condition 1x) of this permit must be erected to Council’s satisfaction, at the applicant/owners cost.

7. Before occupation of the dwellings hereby permitted, the landscaping works as shown on the endorsed plans must be completed to the satisfaction of the Responsible Authority. The landscaping must then be maintained to the satisfaction of the Responsible Authority.

8. Before occupation of the dwellings hereby permitted, all buildings and works and the conditions of this permit must be complied with, unless with the further prior written consent of the Responsible Authority.


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9. The development of the site must be provided with stormwater works which incorporates the use of water sensitive urban design principles to improve stormwater runoff quality and which also retains on site any increase in runoff as a result of the approved development. The system must be maintained to the satisfaction of the Responsible Authority. Council's Development Engineer can advise on satisfactory options to achieve these desired outcomes which may include the use of an infiltration or bioretention system, rainwater tanks connected for reuse and a detention system.

10. Before the development commences, a Stormwater Management Plan showing the stormwater works to the nominated point of discharge must be prepared to the satisfaction of the Responsible Authority. The Stormwater Management Plan must be prepared by a qualified person and show all details of the proposed stormwater works including all existing and proposed features that may have impact (e.g. trees to be retained, crossings, services, fences, abutting buildings, existing boundary surface levels, etc.).

11. Stormwater works must be provided on the site so as to prevent overflows onto adjacent properties.

12. Construction on the site must be restricted to the following times:

a. Monday to Friday 7:00am to 7:00pm; and b. Saturday 9:00am to 6:00pm.

Or otherwise as approved by the Responsible Authority in writing. 13. Before the occupation of the dwellings hereby permitted starts, or by such later

date as is approved by the Responsible Authority in writing, the nature strip, kerb and channel, vehicle crossover and footpath must reinstated to the satisfaction of the Responsible Authority.

14. Any existing vehicular crossing not in accordance with the endorsed plan must be

removed and the kerb reinstated in a manner satisfactory to the Responsible Authority and any proposed vehicular crossing must be fully constructed to the Responsible Authority’s standard specification.

15. Convenient taps or fixed sprinkler system must be provided to the satisfaction the

Responsible Authority capable of watering all communal and private land and landscaped areas, including turf block visitor car parking where provided.

16. A street number of 100mm minimum height and contrasting in colour to its

background, must be fixed at the front boundary of the property and as near as practicable to, or on the letterboxes with such numbering to be in accordance with Council’s Street Numbering Policy. Separate unit numbers of 75mm minimum height must be placed adjacent to the front entrance of each dwelling. Such numbers must be clearly legible from the access driveway.

17. Prior to the occupation of the dwellings hereby approved, all boundary fences

must be repaired and/or replaced as necessary to the satisfaction of the Responsible Authority, at the cost of the applicant/owner. All fencing and


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boundary wall finishing as required pursuant to conditions 1g), 1h) and 1i) of this permit are to be at the whole cost of the applicant/owner.

18. Exterior lights must be installed in such positions as to effectively illuminate all

pathway and porch areas. Such lighting must be controlled by a time clock or sensor unit, and must be designed, baffled and located to the satisfaction of the Responsible Authority to prevent any adverse effect on neighbouring land.

19. Prior to the occupation of the dwellings hereby permitted, areas set aside for

parking vehicles, 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 to the satisfaction of the Responsible

Authority. 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 and maintained to the satisfaction of the Responsible Authority.

20 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.

21 All piping and ducting above the ground floor storey of the development (other than rainwater guttering and downpipes) must be concealed to the satisfaction of the Responsible Authority.

22 Finished Floor Levels shown on the endorsed plans must not be altered or modified without the prior written consent of the Responsible Authority.

23 External clothes drying facilities must be provided for each dwelling. 24 Once the development has started it must be continued and completed to the

satisfaction of the Responsible Authority. 25 In accordance with section 68 of the Planning and Environment Act 1987, this

permit will expire if one of the following circumstances applies: • The development is not started before two (2) years from the date of this

permit. • The development is not completed before one (1) year from the

commencement of works. In accordance with 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 before the permit expires, or within three months afterwards.

Note: Prior to the commencement of the development you are required to obtain the

necessary Building Permit.


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Crs Ronke/Staikos That the recommendation be adopted.

Carried


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L 60 KP844/08: 1A Golden Avenue, Bonbeach Council Report APPLICANT ABP Consultants Pty Ltd ADDRESS OF LAND No.1A (Lot 3 on PS 018931) Golden Avenue,

Bonbeach PROPOSAL Five (5) dwellings PLANNING OFFICER Helen Walker REFERENCE NO. KP844/08 ZONE / OVERLAYS Residential 1 Zone CONSIDERED PLAN REFERENCES/DATE RECEIVED

24th October 2008 Drawing nos. 0806-05

ZONING: Residential 1 KINGSTON PLANNING SCHEME ORDINANCE CONTROLS:

State Planning Policy Framework Clause 12: Metropolitan Development Clause 14: Settlement Clause 16.02: Housing – Medium Density Housing Local Planning Policy Framework Clause 21.05 MSS – Residential Land Use Clause 22.11: Residential Development Policy Clause 32.03: Residential 1 Zone & Schedule Clause 55: Two or More Dwellings on a Lot & Residential Buildings Clause 65: Decision Guidelines

RESIDENTIAL POLICY AREA: Increased Housing Diversity NEIGHBOURHOOD CHARACTER AREA:

Area 74

PROPOSED DENSITY 1: 117.4 square metres DECISION BY: 11 May 2009 1.0 KEY ISSUES

1.1 The key planning issues arising from this proposal relate to: • Neighbourhood character • Amenity impact (external) • Energy efficiency


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Development Assessment Table Criteria ResCode Requirement Proposed Development

Provision Clause 22.11- Residential

Policy Requirement Private

Open Space Secluded private open space area of 40m2 with an area of secluded private open space at the side or the rear of the dwelling with a minimum dimension of 25m2

with a minimum dimension of 3 metres or a balcony of 8m2 with a minimum width of 1.6m and

convenient access from a living room or a roof top ara of 10m2

with a minimum width of 2 metres and convenient access

from a living room.

Complies - Each dwelling is provided with a balcony which has an area greater

than 8m2

As per the Schedule to the Residential 1 Zone for

Increased Housing Change Areas

Car Parking Two (2) spaces for each 3 bedroom dwelling.

Complies - 7 spaces required plus 1 visitor

space = 8 spaces provided

Adequate car parking for future residents and

visitors.

Dwelling Setback to

Street

The average distance of the setbacks of the front walls of the existing buildings on

the abutting allotments facing the front street or 9 metres, whichever is the

lesser. No. 2/376 Station Street – 2.0m

(side setback) No. 1B Golden Avenue – 10.2

(front setback)

Complies - Dwellings are set back a minimum of 6.15m from the Golden

Avenue.

The average distance of the setbacks of the front walls of the existing buildings on the abutting allotments is 4m, therefore ,the setback meets the standard as the

proposed minimum setback is 6.15m from the street

frontage. It is noted that the setbacks are based on a side

setback to a dwelling fronting Station Street (No.

377) and a garage within the front setback of No. 1B

Golden Avenue. Site

Coverage Maximum 60% Complies - Site coverage is

49.5% As per ResCode

2.0 SITE & SURROUNDS

2.1 The subject site comprises a 587m² allotment on the north-west side of Golden Avenue, in Bonbeach. The site is presently vacant, with the exception of a garage at its rear (north-west) corner. There are some trees scattered around the site perimeter. The site is presently accessible via an existing crossover at the south-west end of the frontage.


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2.2 The land is contained in Certificate of Title Volume 07273 Folio 568. It is known as Lot 3 on Plan of Subdivision 018931. There appears to be no restrictions listed on the Certificate of Title, other than a 1.83 metre easement at the rear of the property.

2.3 The site is located within an established residential area, with surrounding

residential development typically comprising of single and double storey, brick and weatherboard dwellings. Front fences are varied. There is a very slight slope to the land, but it is not significant.

2.4 The site is about 500m from Bonbeach Railway Station, 700m from the

Chelsea Shopping Centre, 400m from the Chelsea Primary School and 300m from the Foreshore Reserve.

3.0 PROPOSAL

3.1 It is proposed to demolish the existing garage on the land and construct five (5) apartment style dwellings, within a double storey, single building form. Each apartment would have a living/ dining room, kitchen and amenities at ground level with dwellings 1, 2 and 3 having two (2) bedrooms at first floor level and dwellings 4 & 5 three (3) bedrooms, one 91) at ground level and two (2) at first floor level, plus amenities at the first floor level.

3.2 Dwellings 1 to 4 (inclusive) would be provided with a balcony at ground level, and dwellings 1 and 5 a balcony at first floor level. Eight (8) car parking spaces are proposed within a basement car park, accessible via a crossover and driveway at the north-western end of the site frontage.

3.3 The building would be a contemporary form and design, with a colorbond

curved roof form, and a cement rendered finish. The dwellings will have a mixture of finishes and a curved roof form.

4.0 RELEVANT HISTORY

4.1 There is no relevant planning history relating to this site.

5.0 ADVERTISING

5.1 The proposal was advertised by sending notices to adjoining and opposite property owners and occupiers and by maintaining a notice on site for fourteen (14) days. Eight (8) objections and one (1) petition with 56 signatories were received. The valid grounds of objection can be summarised as follows: • Neighbourhood character • Visual bulk


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• Privacy • Non-compliance with Planning Scheme • Overdevelopment • Increase traffic/ street parking • Disturb serenity of the street • Infrastructure

6.0 PRELIMINARY CONFERENCE

6.1 A preliminary conference was held on 13th January, 2009, with the relevant Planning Officer, the applicants, two Councillors and six (6) objectors in attendance. The above-mentioned issues were discussed at length.

6.2 The above concerns were unable to be resolved at the conference, and the

objections still stand. The main concerns discussed were the number of dwellings, the fact that the development was two storeys, overlooking onto neighbouring properties, increase in vehicle movements and design of building.

6.3 Whilst the concerns are valid issues, the applicants were happy to address

any overlooking issue and stressed that the application was specifically designed to be ResCode compliant.

7.0 REFERRALS

7.1 The following internal and/or external referral departments were notified: • Council’s Development Approvals Engineer • Council’s Vegetation Management Officer

7.2 Council’s Development Approvals Engineer had no objection to the

proposal, subject to conditions being included on any permit issued. 7.3 Council’s Vegetation Management Officer had no objection to the

proposal, subject to conditions being included on any permit issued. 8.0 RELEVANT POLICIES

8.1 State Planning Policy Framework (SPPF) Clause 12 (Metropolitan Development) Clause 14 (Settlement) Clause 16 (Housing) Clause 19 (Particular Uses and Development)

8.2 Local Planning Policy Framework (LPPF)

Clause 21.05 (Residential Land Use) Clause 22.11 (Residential Development Policy)


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8.3 Zoning

The site is located in the following Zone: Clause 32.01 (Residential 1 Zone)

8.4 Overlays

There are no overlay controls that apply to this site. 8.5 Particular Provisions

Clause 55 (Two or More Dwellings on a Lot & Residential Buildings)

8.6 General Provisions Clause 65 (Decision Guidelines)

8.7 Other

Neighbourhood Character Area Guidelines (Incorporated Document)

The land is located within Area 74 of the Neighbourhood Character Guidelines. The proposal is generally in accordance with the applicable character profile. Areas of non-compliance are discussed in the following sections of this report.

9.0 PLANNING CONSIDERATIONS:

Land-use Issues 9.1 It is considered that the proposed development arguably complies and

satisfies the State and Local Planning Policy Framework guidelines which aim to encourage well-designed medium density housing in appropriate locations.

9.2 Pursuant to Clause 21.05 Residential Land Use and Clause 22.11 Residential Development Policy of the Scheme, the site is located in an area designated for “Increased Housing Diversity”. Again, it is arguable that the proposal satisfies the Policy for such areas.

9.3 It is considered that the proposed development satisfies the purpose of the

zone.

Neighbourhood Character and Design Issues 9.4 The site is located within Area 74 of Council Neighbourhood Character

Guidelines. The following characteristics are considered to make “major” contributions to the streetscape:

• Building footprint: varied • Materials: tiled rooves of various colour and white weatherboard

walls


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• Front boundary and garden: low wall or fence and landscape • Other building features: porches and verandahs

The objectors have raised concerns regarding neighbourhood character. The building form is quite contemporary in its design, with a curved colorbond roof form setting it at possible odds with development that surrounds the site, and that within the immediate neighbourhood. The building facade is a rendered brick construction. Whilst the majority of surrounding dwellings have pitched tiled rooves, the roof style and overall building appearance can be considered in this location, namely, in an area of Increased Housing Diversity. The intention of the area, pursuant to Clause 21.05 of the Scheme is to ensure: “that new medium density housing comprising a variety of housing types and layouts will be promoted responding to the established but evolving urban character. Because these are already established as residential areas, the design of new medium density housing proposals will need to display sensitivity to the existing residential context and amenity standards in these areas.” The mix of building materials, together with the graduated appearance of the double storey elements (on the east and west elevations as viewed from the outside the site, as well as the window treatments and balconies, combine to present the development as a modern, contemporary building. The overall maximum height of the apartment style development is 7.5m, which is below the maximum allowed under ResCode. The development is set back a minimum of 6.15m from its front boundary, with graduated front setbacks up to 8.8m.

ResCode compliant rear and front boundary setbacks are proposed, however, part of the east side setback of dwelling 5 is not compliant with ResCode and would need to be set back further from this boundary. The front and rear setbacks allow the planting of significant sized trees with spreading crowns to help soften the building appearance. As the front dwelling setbacks are reasonable, the rear and side elevations (providing the east elevation of dwelling 5 is set back in line with dwelling 4 should not unduly impose on the open front, side or rear private space areas of adjoining lots, pursuant to ensuring:

“that the siting of new buildings respects the amenity of adjoining neighbours with regard to rear yards and garden outlooks from habitable living room windows.” (Clause 22.11-3).

Furthermore, there are no windows proposed that should generate overlooking, however, it is noted that this has been achieved by several first floor windows being shown as fitted with obscure glazing, or having a 2.7 m high fence and trellis. This raises questions of diminished internal amenity of the dwellings, the need for a raised basement and bulk and mass generated by the proposal.


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The intent of Clause 21.05-2 (part) should, however, be considered in respect to the neighbouring properties, that is the: “Impact of new residential development on the character and amenity of existing residential areas.”

as well as considering the following objective of residential development “…responding to the established but evolving urban character.” (in areas

of increased housing diversity). (Clause 21.05-3) With this in mind, should the proposal be supported, the upper level of the building should be further articulated, via setbacks of the upper level walls which will require reducing the extent of the roof element as well. This is to reduce the impact on any adjoining neighbours and to present a more sympathetic transition between the existing single storey dwelling at No.1B Golden Avenue and 2/376 Station Street, in particular, as well as to the rear at No. 2/275 and No. 3/375 Station Street. It is further considered that this amendment to the upper level design would arguably comply with the objectives of the Residential Development Policy, at Clause 22.11, those being (part):

§ “Ensure that any upper storey components towards the rear of sites

are sensitively designed to avoid unreasonable adverse amenity impacts on neighbours.

§ Encourage well articulated and graduated elevations in order to avoid 'box-like' double storey designs, thus reducing visual bulk.”

Further articulation on the upper floor level, particularly on the west elevation where there is a consistent 2.85m setback pertaining to both the ground and first floors should also be required. The upper level should be articulated by no less than 0.5m for the length of proposed dwellings 2 and 3. Similarly greater articulation for the first floor, and its relationship to the ground floor, should be provided for dwellings 4 and 5, with the roof form altered to accommodate this requirement. The mix of materials should assist in giving the elevation a graduated appearance as well. There is a good separation element between the dwellings on the east elevation. However, if these matters cannot be adequately addressed, and although officers consider they should be able to be, then the proposal should not be supported.

The setback of the main component of the front walls of the first floor and second storey are the same, that being 9.52m, with some minor articulation for the balcony entrance for dwelling 5. Further articulation of this front area should be provided. This could include reducing the front setback of the ground floor with a corresponding increase of the setback of the first floor by 0.5m – 1m each, to create a ‘definite’ 1.0m plus setback separation/articulation.


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There is no front fence proposed and this can assist in maintaining the openness of the streetscape, and alternatively it can add to the development being dominant within the streetscape. Balconies have been provided at ground level, consistent with the intent of providing verandahs/porches, however, as mentioned, due to the protrusion of the basement above ground level, these balconies are required to be screened by a fence and fence extension totalling 2.7m in height. A means of reducing the issues of the raised ground floor balconies and windows would be to require the basement to be below ground rather than protruding 1.2m above it. Overall it is considered that if the building is modified to address all the design issues raised, then it should be a better designed, detailed and presented development.

Traffic Issues 9.5 It is noted that objectors to the application have raised concerns with

regards to traffic problems and street parking. Consideration has been given to the amount of traffic the proposal would generate, and the amount of on-site car parking proposed.

9.6 Overall, it is considered that the surrounding road network should be able to accommodate any additional traffic generated by the proposal, and that the number of car parking spaces proposed on the site (a total of eight (8) spaces within the basement car park comprising 7 residents spaces and one visitor space) is considered to be adequate, and in accordance with ResCode requirements. However, the 2 parallel spaces along the west side of the basement are not ideally located and are difficult to access. The southern most of these 2 spaces is also sub-standard in size, and also interferes with the access to / from the site and should be deleted. A condition of any permit issued should require that each car space be clearly marked/allocated to its associated dwelling or nominated as a visitor space. Council’s Engineering Department has required compliance with standards for the turning areas and can be included as a condition on any permit issued.

9.7 Five (5) bicycle parking bays are provided at the front of the site in the

form of dedicated spaces and a concrete entry/exit bay. It is considered that the bicycle parking should be relocated to be undercover and to be more secure, ie. in the basement, and the concrete area at the front of the site dedicated for additional landscaping. This can also be included as a condition on any permit issued.


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Amenity Issues 9.8 Each dwelling would have a minimum 9.6m balcony area for private open

space. It is noted that the site is located within a Residential 1 Zone, and is within close proximity of local open space areas, particularly the foreshore reserve. The dwellings are fairly small, with floor areas between 8.8 m2 and 12.3m2, and are “apartment style”, and overall, the balconies proposed are considered adequate for the recreational needs of future occupants. ResCode, Standard B28, requires a balcony with 1.6m minimum width, and a 8m2 minimum area, and convenient access from a living room for a dwelling, and accordingly, all dwellings comply with this requirement. Further, the balconies, the dwellings 2, 3 and 4 have access to landscaped ground floor open space areas.

9.9 The objectors have raised concerns with regards to amenity. It is considered that the proposal does not allow unreasonable overlooking of dwellings on abutting land, but the means of screening is arguably at the detriment of future residents and abutting properties. The issue of overshadowing is, in the main, compliant, however, the overshadowing generated to the east is considered to be non-compliant unless the development is set back further from this boundary as specified earlier in this report.

9.10 Dwellings 1 to 3 (inclusive) would have living room windows on the

southern side of the building that would have no access to northern sunlight. It is often the case with apartment style buildings that some dwellings will be unable to achieve good northern orientation to habitable room windows. In this instance, all dwelling windows should achieve good access to natural sunlight, and the access to northern light can be waived.

Other 9.11 Objectors have raised some concerns with regard to drainage. The

proposal was referred to Council’s Development Engineer who has raised no concerns, subject to the inclusion of three specific conditions to be included on any permit issued.


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RECOMMENDATION: That: A.. Should Council choose to support this application, that a Notice of Decision to

Grant a Permit for the development of this site for five (5) dwellings be issued, subject 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 substantially in accordance with the plans submitted to Council on 24th October 2008, but modified to show:

a. the provision of an improved landscape plan in accordance with the submitted development plan and the City of Kingston Landscape Plan checklist, with such plans to be prepared by a suitably qualified landscape professional and incorporating:

i. an associated planting schedule showing the proposed location, species type, mature height and width, pot sizes and number of species to be planted on the site;

ii. the delineation of all the garden beds, paved and grassed areas, retaining walls, fences and other landscape works including areas of cut and fill throughout the development;

iii. all existing trees on the site and close to the boundary of the site on adjoining properties, accurately illustrated to represent canopy width and labelled with botanical name, height and whether the tree is to be retained or removed;

iv. a range of plant types from ground covers to large shrubs and trees, species must comprise a minimum 80% indigenous coastal species;

v. adequate planting densities (i.e: plants with a mature width of 1 metre, planted at 1 metre intervals);

vi. the provision of one (1) suitable medium sized (at maturity) canopy trees within the front setback of the property with species chosen must be approved by the Responsible Authority;

vii. sustainable lawn areas and plant species taking current water restrictions into consideration;

viii. all trees provided at a minimum of 2 metres high at time of planting;

ix. medium to large shrubs and trees to be provided in pot sizes of 200mm; and

x. the provision of notes regarding site preparation including the removal of all weeds, proposed mulch, soil types and thickness, subsoil preparation and any specific maintenance requirements.


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b. the entry/exit driveway for underground carpark nominated as incorporating an apex no less than 150mm above the exiting footpath. The levels at the site boundary must not be altered;

c. the additional (400mm) widening nominated adjacent to car space 5 to provide manoeuvring clearance (refer to Figure 2.3 of AS/NZS 2890.1:2004 – Off street car parking);

d. the building setbacks of the first floor west elevation of dwellings 2 and 3 are to be increased by between 0.5m and 1m;

e. the setbacks of the first floor east elevation of dwellings 4 and 5 increased by between 0.5m and 1m, ensuring that the west elevation is set back from its east property boundary fully in accordance with Clause 55.04 of ResCode;

f. the provision of increased front articulation of the building by no less than 1.0m between the ground floor and first floor of the south elevation, with a corresponding decrease and increase of the ground floor and first floor respectively by 1m used to achieve this;

g. the basement level not to protrude above the natural ground level of the site, and the overall height of the building lowered accordingly;

h. the ramp nominated as designed in accordance to AS/NZS 2890.1:2004; i. the car parking spaces clearly nominated as associated with a particular

dwelling within the development, with one (1) space clearly nominated as a visitor space, and the southern most parallel space deleted;

j. the provision of a building materials and colour schedule (including samples) for all external elevations to the dwellings;

k. a 6m3 store area provided for each dwelling; l. the provision of a vehicle crossover nominated for all dwellings with the

vehicle crossings having a note stating “vehicle crossings constructed to Council’s standards – industrial strength for both dwellings”;

m. the location of mailboxes and external air conditioning units clearly nominated for each dwelling;

n. the bicycle parking area to be relocated to the basement and the concrete front setback area dedicated for landscaping;

o. the driveway for all dwellings clearly delineated, and its surface material nominated as being coloured concrete;

p. all windows on the first floor on the east, west and north elevations nominated as having a minimum sill heights of 1.7m above the first floor level directly below, or treated so as to prevent overlooking if applicable;

q. provision of 0.5m wide landscape strips along either side of the driveway with its planting to be no greater at mature age than 0.5m in height at the point of the crossover at the boundary; and

r. notation to the effect that no trees are to be planted within the rear easement with intrusive roots that may affect the drainage.


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

prior written consent of the Responsible Authority. 3. Before occupation of the dwellings hereby permitted, the landscaping works as

shown on the endorsed plans must be completed to the satisfaction of the Responsible Authority. The landscaping must then be maintained to the satisfaction of the Responsible Authority.

4. Before occupation of the dwellings hereby permitted, all buildings and works and the conditions of this permit must be complied with, unless with the further prior written consent of the Responsible Authority.

5. The development of the site must be provided with stormwater works which incorporates the use of water sensitive urban design principles to improve stormwater runoff quality and which also retains on site any increase in runoff as a result of the approved development. The system must be maintained to the satisfaction of the Responsible Authority. Council’s Development Engineer can advise on satisfactory options to achieve these desired outcomes which may include the use of an infiltration system or bioretention system, rainwater tanks connected for reuse and a detention system.

6. Before the development commences, a Stormwater Management Plan showing the stormwater works to the nominated point of discharge must be prepared to the satisfaction of the Responsible Authority. The Stormwater Management Plan must be prepared by a qualified person and show all details of the proposed stormwater works including all existing and proposed features that may have impact (e.g. trees to be retained, crossings, services, fences, abutting buildings, existing boundary, surface levels, etc.).

7. Stormwater drainage of the site must be provided so as to prevent overflows onto adjacent properties.

8. Construction on the site must be restricted to the following times: a. Monday to Friday 7:00am to 7:00pm; and

b. Saturday 9:00am to 6:00pm. Or otherwise as approved by the Responsible Authority in writing.

9. Before the occupation of the dwellings hereby permitted starts, or by such later date as is approved by the Responsible Authority in writing, the nature strip, kerb and channel, vehicle crossover and footpath must reinstated to the satisfaction of the Responsible Authority.

10. Any existing vehicular crossing not in accordance with the endorsed plan must be

removed and the kerb reinstated in a manner satisfactory to the Responsible Authority and any proposed vehicular crossing must be fully constructed to the Responsible Authority’s standard specification.

11. Convenient taps or fixed sprinkler system must be provided to the satisfaction the Responsible Authority capable of watering all communal and private land and landscaped areas, including turf block visitor car parking where provided.


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12. A street number of 100mm minimum height and contrasting in colour to its

background, must be fixed at the front boundary of the property and as near as practicable to, or on the letterboxes with such numbering to be in accordance with Council’s Street Numbering Policy. Separate unit numbers of 75mm minimum height must be placed adjacent to the front entrance of each dwelling. Such numbers must be clearly legible from the access driveway.

14. Prior to the occupation of the dwellings hereby approved, all boundary fences must be repaired and/or replaced as necessary to the satisfaction of the Responsible Authority, at the cost of the applicant/owner.

15. Exterior lights must be installed in such positions as to effectively illuminate all pathway and porch areas. Such lighting must be controlled by a time clock or sensor unit, and must be designed, baffled and located to the satisfaction of the Responsible Authority to prevent any adverse effect on neighbouring land.

16. Prior to the occupation of the dwellings hereby permitted, areas set aside for parking vehicles, 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, coloured concrete, sealcoat to the satisfaction of the Responsible Authority.

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 and maintained to the satisfaction of the Responsible Authority.

17. 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.

18. All piping and ducting above the ground floor storey of the development (other than rainwater guttering and downpipes) must be concealed to the satisfaction of the Responsible Authority.

19. Finished Floor Levels shown on the endorsed plans must not be altered or modified without the prior written consent of the Responsible Authority.

20. External clothes drying facilities must be provided for each dwelling.

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

22. In accordance with section 68 of the Planning and Environment Act 1987, this permit will expire if one of the following circumstances applies:

• The development and use are not started before two (2) years from the date of this permit

• The development is not completed before one (1) year from the commencement of works


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.

Note: Prior to the commencement of the development you are required to obtain the necessary Building Permit.


Note: Before removing/pruning any vegetation from the site, the applicant or any contractor engaged to remove vegetation, should consult Council’s Vegetation Management Officer to verify if a Local Law Permit is required for the removal of such vegetation.

OR

B. Should Council resolve not to support the application, that a Notice of Refusal to Grant a Permit be issued on the following grounds:

1. The proposal would have an adverse affect on the amenity of an established residential neighbourhood. 2. The proposal constitutes an over-development of the site. 3. The proposal exhibits excessive bulk and mass. 4. The proposal does not satisfy all of the requirements of Clause 55 of the Kingston Planning Scheme (ResCode), in particular Clause 55.02-1 Neighbourhood Character Objectives, Clause 55.02-2 Residential Policy Objectives, Clause 55.03-5 Energy Efficiency Objectives, Clause 55.03-8 Landscaping Objectives; Clause 55.03-9 Access Objectives; Clause 55.03-10 Parking Location Objectives; Clause 55.04-1 Side and Rear Setbacks Objective; Clause 55.04-3 Daylight to Existing Windows Objective, Clause 55.04-6 Overlooking Objective, Clause 55.06-1 Design Detail and Clause 55.06-2 front fence Objective.

The meeting was addressed by Mr David Hill on behalf of the objectors.


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Crs Shewan/Ronke That a Notice of Refusal to Grant a Permit be issued on four grounds: 1. The proposal would have an adverse affect on the amenity of an established

residential neighbourhood. 2. The proposal constitutes an over-development of the site. 3. The proposal exhibits excessive bulk and mass. 4. The proposal does not satisfy all of the requirements of Clause 55 of the Kingston

Planning Scheme (ResCode), in particular Clause 55.02-1 Neighbourhood Character Objectives, Clause 55.02-2 Residential Policy Objectives, Clause 55.03-5 Energy Efficiency Objectives, Clause 55.03-8 Landscaping Objectives; Clause 55.03-9 Access Objectives; Clause 55.03-10 Parking Location Objectives; Clause 55.04-1 Side and Rear Setbacks Objective; Clause 55.04-3 Daylight to Existing Windows Objective, Clause 55.04-6 Overlooking Objective, Clause 55.06-1 Design Detail and Clause 55.06-2 Front Fence Objective.

Carried


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L 61 Amendment C99 to the Kingston Planning Scheme – 1233-1237 Nepean Highway and 60-64 Matthieson Street, Highett

Approved by: Tony Rijs, General Manager Environmental Sustainability Author: Eva Klaic – Strategic Planner 1. Purpose

The purpose of this report is to provide an overview of proposed Amendment C99. The report recommends that a request be made to the Minister for Planning to authorise the preparation of the amendment under Section 9(2) of the Planning and Environment Act 1987 and to proceed with exhibition of the amendment if authorisation is granted. The Amendment would involve the rezoning of land, and the creation of a schedule to the Design and Development Overlay over the subject land.

2. Background / Proposed Amendment

Over recent months Council has held discussions with the owners of the following land parcels which make up the land affected by the proposed Amendment:

• 1233 – 1237 Nepean Highway, Highett (Former Red Rooster restaurant site) • Part 1239 Nepean Highway, Highett (Karen Street car park land) • 64 Matthieson Street, Highett (Residential Property) • 62 Matthieson Sreet, Highett (Residential Property) • Units 1 and 2, 60 Matthieson Street, Highett (Residential Property)

The Amendment proposes the rezone the land as follows:

Property Address Existing Zone Proposed Zone 1233 – 1237 and Part 1239 Nepean Highway, Highett

Business 4 Zone Mixed Use Zone

60 – 64 Matthieson Sreet, Highett

Residential 1 Zone Mixed Use Zone

The Amendment also proposes to include all the land identified above within a schedule to the Design and Development Overlay. A copy of the draft schedule to the Design and Development Overlay is enclosed at attachment 1 to this report.

Broadly speaking the basis for introducing the Mixed Use Zone is that it will allow for a more appropriate range of land uses adjacent to the Southland Principal Activity Centre than that provided for under the existing Business 4 Zone. This matter is discussed in more detail in subsequent sections of this report.

In order to assist Council in determining how the schedule to the Design and Development Overlay should be developed Council has engaged the services of Urban Design Consultants MGS Architects who have prepared an urban design response for this


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site which considers its prominent location, its role as a transitionary zone at the centres edge and its potential to support the Southland Principal Activity Centre. The urban design report nominates appropriate:

• building heights and setback, • built form and articulation, • urban design and landscape requirements, • active frontages and sensitive edges, • vehicle access, traffic management and parking, • pedestrian access, and • a public space contribution of a plaza to Matthieson Street and Karen Street.

The urban design response will be referenced in the schedule to the Design and Development Overlay and is provided as attachment 2 to this report.

3. Policy Consideration The amendment proposal needs to be considered in the context of the relevant State and Local level policies. This amendment proposal is considered to draw relevance from the following State and Local level planning policies as outlined below: 3.1 State Planning Policy Framework Melbourne 2030 and Clause 12 - Metropolitan Development Melbourne 2030 and its supplement Melbourne @ 5 Million examine sustainable long term planning for Melbourne as a whole in order to address the demand of the growing population. These metropolitan planning strategies recognise activity centres and associated transport nodes as opportunity locations for increased density recognising, that the scale of change will be dependant on the status of the relevant centre in relation to the Activity Centre hierarchy ie (Principal, Major or Neighbourhood). The State Planning Policy addresses the role of the various activity centres defining development objectives for a centres prosperity and liveability. Clause 12.01 which seeks to provide for a more compact city, suggests as its objective:

“To facilitate sustainable development that takes full advantage of existing settlement patterns, and investment in transport and communication, water and sewerage and social facilities.”

Subsequent to the statutory changes which have occurred to Clause 12 of the State Planning Policy the release of Melbourne @ 5 million further reinforced the following in relation to metropolitan planning:

“The focus will be on locating more intense housing development in and around activity centres”


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Melbourne @ 5 million also encourages the exploration of development along transport corridors to provide employment and educational opportunities:

“Provide for substantial increases in employment, housing, education and other opportunities along each corridor”

Clause 16 - Housing

Clause 16 encourages the supply of varied housing types in locations near to activity centres to take advantage of existing infrastructure. The development of this edge of centre site is strategically aligned with State Government initiatives for the location of increased housing density. This important objective presently cannot be met on those components of the land zoned Business 4 given the majority of activities that fall within the definition of Accommodation are prohibited.

Clause 19 - Particular Uses and Development

Clause 19 of the State Planning Policy Framework reinforces the importance of development which continues to provide appropriate design outcomes. The proposed draft schedule to the Design and Development Overlay based on the work of Councils urban design consultant facilitates the objectives of this Clause by responding to Clause 19 objective to “enhance liveability, diversity, amenity and safety”. This is evidenced through the work undertaken by Councils urban design consultant on the mix of uses, active frontages to centre facing streets, building articulation, setbacks, landscaping and a public space contribution.

3.2 Local Planning Policy Framework

Clause 21.06 - MSS Retail and Commercial Land Use

Clause 21.06 aims to reinforce the existing role of the existing retail centres in Kingston by encouraging strategic job creation that will facilitate prosperity, greater employment opportunities and social well being. Also importantly Objective 2 reinforces the role performed by Southland as the Principal Activity Centre.

Objective 5 of Clause 21.06 further provides guidance as to the ‘preferred locations for restricted retailing’ and highlights that a preferred precinct commences at the Southland Principal Activity Centre. Given the relative recent introduction of this clause into the Planning Scheme it is recognised that its intention was not to encourage restricted retailing on the subject land given it has never performed this role, but rather encourage such activities within the existing Southland Shopping Centre. The size of the subject land its immediate residential interface and less than ideal access for high vehicle generating retailing uses help reaffirm why its future role should not be to reinforce restricted retailing.


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Clause 22.01 Local Planning Policies - Cheltenham Business Centre Policy

Although the Cheltenham Business Centre Policy was developed by the former City of Moorabbin well before the introduction of Melbourne 2030 it still holds some relevance to the policy considerations relating to the proposed Planning Scheme Amendment. Clause 22.01 divides the area known as the Cheltenham Business Centre into precincts encouraging particular land use and amenity outcomes. The land to be affected by this amendment belongs to the Mixed Use - Commercial Support Precinct. The Clause encourages development which strengthens the ‘Cheltenham Business Centre’ and enhances the visual and landscape amenity in this precinct.

Desired appropriate development is described as a quality landmark gateway to the Centre with a high standard of landscaping of the area being of compatible scale with its surrounds. It is considered that the Urban Design response seeks to build upon the outcomes sought through this policy and is a contemporary response to the current policy landscape.

4. Zoning

The two larger lots at 1233-1237 and part 1239 Nepean Highway are currently zoned Business 4 Zone, the Scheme describes the purpose of the Business 4 Zone as being:

“to encourage the development of a mix of bulky goods retailing and manufacturing industry and their associated business services”

The Business 4 Zone restricts the scope of land uses permissible in the zone and has only been used over recent times by Council to reinforce its preferred locations for restricted (bulky goods) retailing. Notably the Business 4 zoning precludes key uses encouraged on or edge of activity centres including most forms of Accommodation and limiting the size of office uses to 500 square metres of leaseable floor area.

5. Exhibition Should Council proceed to seek authorisation of Planning Scheme Amendment C99 and should this be granted by the Minister for Planning, Council is required to give notice of an amendment under section 96C of the Planning and Environment Act 1987. Accordingly, this report recommends that Council seek authorisation from the Minister for Planning and if this is provided place the proposed amendment on public exhibition. It is envisaged that the amendment would be placed on public exhibition for a period of one month and the following statutory processes would be provided for:

• Amendment documentation available at Council’s Cheltenham and office and

website. • Amendment documentation available at Council’s Highett and Cheltenham

Libraries • Notices placed in the Government Gazette and local papers. • Direct notification to nearby landowners and occupiers.


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6. Discussion The subject lands prominent edge of centre location provides great potential for an improved gateway to the regions Principal Activity Centre. Council Officers preliminary discussions have strongly encouraged that properties which make up the subject land be seen as a broader precinct rather than isolated parcels and it is felt that the Urban Design response appropriately assists to achieve this objective.

The location is an important consideration in the manner in which the draft schedule to the Design and Development Overlay has been formed. It is recognised that at this time all that is being sought is to establish the planning principles for the subject land recognising that no development intentions have yet been established. It will be critical that future development at this site is of a high quality nature with sophisticated urban design and landscape response.

Officers consider that the rezoning of land to promote alternate land use activities (particularly those falling within those permissible under the definition of ‘accommodation’) is strongly supported through State and Local Government policy for land with such a relationship to a Principal Activity Centre. Further a future development of land uses such as accommodation, office with some limited street level retail would act as an appropriate transition with neighbouring residential activities.

State and Local Government policy also encourages high quality urban design. The proposed draft schedule to the Design and Development Overlay provides controls to improve the amenity of the area with provisions for appropriate built from and articulation, streetscape and active frontages, pedestrian links and vehicle access and address to the sensitive residential interface.

The subject land also has an immediate (adjacent) interface with the regional bus interchange providing a significant synergy with readily available public transport facilities. Further the outcomes of the Amendment in relation to utilising the subject land more appropriately will add employment opportunities which are also complementary to the objectives of State and Local Government Policy. The Victorian Transport Plan (2008) also identified the possibility of a future Southland Train Station as a long term option and development alike the proposed would have strong links with such a component of infrastructure.

It is broadly considered that the Urban Design response appropriately manages the transition between the established residential area and its relationship with the Southland Principal Activity Centre which will continue to evolve to provide a greater array of land use activity. For the above reasons Council Officers believe that the drafted Planning Scheme Amendment C99 is of strategic importance to the City of Kingston and warrants a request to the Minister for Planning for its authorisation.


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7. Recommendation 1. That Council resolve to request that the Minister for Planning authorise the

preparation of Amendment C99 under Section 9 (2) of the Planning and Environment Act 1987 to rezone land at 1233 – 1237, part 1239 Nepean Highway and 60 – 64 Matthieson Street, Highett inclusive to a Mixed Use Zone and include the land in a schedule to the Design and Development Overlay.

2. That following authorisation, Amendment C99 be exhibited in accordance with

Section 19 of the Planning and Environment Act 1987. Attachments: 1. Proposed Draft DDO 2. Consultants MGS Urban Design Architects Response Motion: Crs Brownlees/West That the recommendation be adopted. Formal Motion: Crs Dundas/Peulich That the debate be adjourned to the next Ordinary Council Meeting on 29 June 2009 to allow consultation with the community and the key stakeholders. The formal motion was put and carried.


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L 62 Regional Economic Strategy for Melbourne's South East

Approved by: Tony Rijs – General Manager Environmental Sustainability Author: Suzanne Ferguson – Manager Economic Development 1. Purpose The purpose of this report is to provide information to Council about the review of the Regional Economic Strategy for Melbourne’s South East (2009-2030) and gain endorsement of the updated Strategy. 2. Background In 2003 the Regional Economic Strategy for Melbourne’s South East (Prosperity for the Next Generation – Regional Economic Strategy for Melbourne’s South East 2003-2030) was endorsed by the 11 Member Councils along the East Link corridor. The participating councils are Kingston, Bayside, Cardinia, Casey, Frankston, Greater Dandenong, Maroondah, Monash, Mornington Peninsula, Knox and Whitehorse. Participants also include the utilities of South East Water and Jemena with additional support from the Victorian and Commonwealth Governments. Connect East has recently joined the group. The Strategy identified the economic development direction and associated regional initiatives that would influence businesses and employment growth and, as a result, has played a significant role in influencing and implementing economic development policy at local, state and federal government levels. The original Strategy was prepared as a result of an extensive research and consultative process that included participation from Melbourne’s South East (MSE) member organisations and business leaders from across Melbourne’s South East region (the Region) representing a diversity of industry sectors. The result was an informative and robust Strategy that projected a 30 year vision identifying the economic interdependence of municipalities, key infrastructure and major projects that would contribute to the continuing growth of the region. The Strategy is a plan for the Region as a whole, and acknowledges the Region as an economic entity in its own right. In establishing the MSE forum, Councils have taken on a leadership and catalyst role. MSE now looks to other partners, particularly the State and Commonwealth Governments to help deliver outcomes articulated in the Strategy. A number of significant achievements have been advocated and facilitated through the MSE forum since the endorsement of the Regional Economic Strategy for Melbourne’s South East 2003-2030. Whilst many outcomes cannot be directly attributed to the MSE strategy the fact that they have occurred within the Region has changed the economic landscape and has contributed to business development, employment and population growth at unprecedented levels. Significant projects identified in the Strategy have been implemented and, as a result, have strengthened the economic dynamics and inter-relationships within the region. Projects have included: Eastlink, Synchrotron,


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Technology Capability Alignment Project (TCAP), Industrial Land Supply (Casey – Cardinia growth corridor) and the Dandenong Creek Project. 3. Issues The MSE forum recognised that although the key challenges of the 2003 – 2030 Regional Economic Strategy continued to be relevant, a number of key economic factors have influenced a Strategy Review. Strong population growth, major infrastructure development, the impacts of Climate Change, the opening of Eastlink and its effects on productivity and investment, the State Government commitment to Dandenong as a major Transit City and the growing advanced business services sector and its logistics management have provided a strong argument for a comprehensive review of the Regional Economic Strategy. The review of the MSE Regional Economic Strategy 2009 – 2030 updates the key economic factors for Melbourne’s South East, identifies the priorities for economic development and sets out the key strategic directions for the Region. Detailed action plans aligned to these strategic directions will be prepared by the MSE and updated progressively. The MSE Regional Economic Strategy recognises that in a globalised economy, it is regions that are successful. This Strategy is about improving job and wealth creation supported by the initiatives and actions that improve the Region’s economic performance. Measures that enhance the regions economic activity include the skills supply and growth in the labour force, the quality and quantity of infrastructure (transport, power, telecoms, water, schools, universities, hospitals, community and recreational facilities) and the sustainability of the region. Encouragement and expansion of competitive export industries will relate to maximizing labour and production inputs that are sourced locally.

4. Strategy Review Process The 2003 Strategy has been reviewed through a number of processes:- i. A sectoral analysis was undertaken. This analysis looked at the input / output

structure and performance of the industry sectors in the region. This analysis included employment, output, regional exports and value-added by each sector. A gap analysis identified the key industry sectors that made the most significant contribution to economic activity and these included manufacturing, wholesale trade, retail trade, property and businesses services. The analysis showed that Melbourne’s South East Region represents 29% of Victoria’s population and provides 26% of the State’s jobs. Employment in Melbourne’s South East has increased from 492,264 jobs in 2001 to 529,937 in 2006, an increase of 8% (Kingston has around 67,500 jobs or 12.7% of MSE employment). 79% of people work and reside in the region.


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Major sectors within the MSE region include manufacturing, Wholesale Trade, Property & Business Services, Construction and the Retail Trade. Total gross output is estimated at $142.5 Billion (of which Kingston is around 14.3%).

ii. A search conference involving more than 100 businesses, Councils and government agencies identified a range of strategic issues facing Melbourne’s South Eastern economy in the areas of:

§ skills and employment § transport § other infrastructure § innovation § environmental sustainability § social cohesion and culture § urban planning and growth

iii. The current stakeholders in the MSE identified a diverse set of priority projects to

promote economic development across the region. These projects were categorised according to whether they are directed at economic enablers, sectoral competitiveness or spatial efficiency or various combinations of these. These three categories were used as framework to organise the strategy.

The MSE Strategy review has identified a number of strategic issues that will have influence in determining direction and focus for the development of specific projects. This includes the skills shortages within the region, the regions connectability through road and public infrastructure, broadband services, enhancing the capacity for innovation, environmental sustainability and climate change, the diversity of cultures and the urban and land form. The allocation of projects will address the consolidation, enhancement and transformation of the MSE economy. In overview the revised MSE Regional Economic Strategy includes the following vision and strategies: Vision Melbourne’s South East will develop as a substantial city in its own right, closely linked with the wider metropolitan area, but with a distinctive focus on manufacturing and technology, and featuring a high level of employment self-containment. The economic and urban structure of the Region will befit a city of almost 1.5 million people. This includes the regeneration of Dandenong as a strong regional CBD, which is well networked by rail and road with a series of Principal Activity Centres, employment zones and Specialised Activity Centres across the South East. Through this structure, the Region will deepen its emergent strengths in knowledge intensive services, to aid in the continuing capacity for innovation amongst the Regions propulsive sectors, including manufacturing, wholesale trade, retail trade and property & business services. This city-region will be an exemplar in sustainable development, showing how advanced economies can prosper in a carbon constrained future.


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Strategy for consolidating the MSE economy • Continue dialogue with elected members, the State and the Commonwealth

around the agenda in the Strategy • Capitalise on planning for an employment rich corridor along EastLink • Ensure strong export performance form new employment lands identified in the

South East Growth Corridor • Deliver Dandenong as the regional CBD • Fully implement the water infrastructure initiatives set out in “Prosperity for the

Next Generation” • Harness business leadership to drive ‘home grown’ clusters Strategy for enhancing the MSE economy • Focus on making MSE climate change ready • Accelerate the development of the Advanced Business Services sector • Generate a region wide business event around innovation and best practice as well

as investment attraction • Improve social infrastructure and address pockets of social exclusion • Capitalise on the Melbourne South East Technology Network Strategy for transforming the MSE economy • Formulate a regional spatial plan and develop new implementation resources • Harness carbon trading / offsets revenue for investment in regional liveability and

infrastructure • Secure Hastings – Dandenong – Casey/Cardinia employment lands triangle as a

key manufacturing / freight zone for the Region • Encourage the accelerated adoption of best practice by the Region’s business

community The MSE Partners will separately prepare an Action Plan to assist with the delivery of the strategic priorities outlined in the MSE Regional Economic Strategy. The Action Plan will be appended to the Strategy. Performance indicators will be developed to enable the ongoing monitoring and measurement of the success of implementing the Strategy. 5. Triple Bottom Line Assessment Financial Each member of the Melbourne’s South East forum contributes $5,000 per annum. These funds are used to leverage additional funding from the State or Commonwealth Government to undertake priority projects identified in the Strategy. Social The Strategy clearly identifies liveability and social cohesion as integral parts of a dynamic and prosperous region. Employment generation is also recognised as a high priority.


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Environment A number of initiatives within the Strategy focus on environmental sustainability including making MSE climate change ready and capitalising on the availability of recycled water from the Eastern Treatment Plant. 6. Summary and Conclusion As businesses compete more and more on a global platform, it is vital that natural “economic region’s, such as Melbourne’s South East, work collaboratively and strategically to ensure the success of each of eth individual entities and sectors within that region. The Melbourne South East group, made up of 11 Local Government Authorities, with relevant utility providers and support from both Sate and Commonwealth governments has recognised the interdependencies with this economic region, and the need for a regional approach to ensure the future growth and success of such a crucial region in Australia’s economy. The success of this Strategy will ensure that the economic and urban structure of the Region befits a city of almost 1.5 million people. 7. Recommendation That Council endorse the review of “Prosperity for the Next Generation” Regional Economic Strategy for Melbourne’s South East (2009-2030). Attachment: Prosperity for the Next Generation (tabled) Crs Peulich/Ronke 1. That Council endorse the review of “Prosperity for the Next Generation” Regional

Economic Strategy for Melbourne’s South East (2009-2030). 2. That Council consider the establishment of a Kingston Business Development

Advisory / Reference group and that officers report on its possible composition, role and work plan.

Carried


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L 63 Contract No. 09/10 - Breeze Street / Patterson Street, Bonbeach Road Reconstruction – Tender Report

Approved by: Tony Rijs – General Manager Environmental Sustainability Author: Brian Trower – Team Leader Roads & Drains 1. Purpose This report seeks Council’s approval to accept tenders for Contract No. 09/10 – Breeze Street/Patterson Street, Bonbeach – Road Reconstruction. It is proposed that GUY ROAD CONSTRUCTION PTY LTD be accepted as the preferred tenderer for this contract based on their submitted tender of $1,805,703.30. 2. Background The sections of road covered by this contract have been identified for replacement as part of council’s standard road condition survey. The existing guttering and road surface has reached the end of its’ expected life and is due for replacement to maintain a satisfactory road for local residents. Whilst rebuilding the road, council is taking the opportunity to improve the underground drainage system along Breeze Street and Patterson Street. 3. Brief Description of the Work under the Contract The works involved in this contract includes the reconstruction of Breeze St from Patterson St to The Fairway and Patterson st from Breeze St to Brixton St. Items covered as part of this contract include: • Replacement of all concrete kerbs on both sides of the road. • Replacement of all concrete vehicle crossings . • Replacement of the footpath on both sides • Asphalt resurfacing of the road • Upgrading of street drainage 4. Tenders Received Tenders were advertised in The Age on Saturday 14th March 2009 and closed at 2.00pm on Thursday 26 March 2009. Ten (10) tenders were received, details of which are set out in the Confidential Attachment. 5. Project Funding This project will be funded from Council’s 2008/09 Capital Works Budget. Evaluation Panel The tenders were assessed by: Tony Pell – Senior Construction Engineer, Chang Wuol – Construction Engineer


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6. Triple Line Checklist • Budget/Financial Impact

For the subject contract the preferred tenderer represents the best outcome to Council in terms of value for money and level of risk. The submitted price from the preferred contractor is below the Design Engineer’s estimate.

• Social Impact

There will be inconveniences during the works which are typical of a large road reconstruction contract such as this one. A Special Clauses document was prepared as part of the contract package, which outlines a number of requirements by set out by Council to stage the works and minimise community disruption as much as possible.

• Environmental Impact

Environmental impacts during construction of these works will be minimised due to measures put in place for controlling stormwater runoff quality, including silt barriers and straw bales

The final outcome of the works will alleviate a significant drainage/flooding issue in the area

7. Summary and Conclusion The Evaluation Panel has ranked GUY ROAD CONSTRUCTION PTY LTD highly for this contract. The panel believes that GUY ROAD CONSTRUCTION PTY LTD have demonstrated their ability via their tender submission and previous works undertaken for Kingston City Council, to provide the best overall value for the construction of CONTRACT NO. 09/10 – BREEZE STREET/PATTERSON STREET, BONBEACH – ROAD RECONSTRUCTION 8. Recommendation That: 1. CONTRACT NO. 09/10 – BREEZE STREET/PATTERSON STREET,

BONBEACH – ROAD RECONSTRUCTION be awarded on a Lump Sum basis to GUY ROAD CONSTRUCTIONS for the tendered price of $1,805,703.30 Please refer to the “Confidential Attachment” outlining the scoring matrix and all other submissions; and

2. the Chief Executive Officer or delegate be authorised to execute the contract. (See Confidential Attachment) Crs Ronke/Shewan That the recommendation be adopted.

Carried


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L 64 Fire Risks and Fire Strategies Approved by: Tony Rijs, General Manager Environmental Sustainability Authors: Mark Juler, Manager Environment Warren Ashdown, Manager Infrastructure Jonathan Guttmann, Manager Strategic Planning &

Building Neil Sheppard, Team Leader Local Laws Purpose Council, at its February Council meeting, directed that a report be prepared on fire risks and fire strategies for the City of Kingston and in particular. “That Council officers investigate and report urgently on fire risks and fire strategies for the City of Kingston and in particular: 1. Identification of fire prone areas in the municipality which includes land and

property managed by the City of Kingston. 2. A review of our fire safety strategies and practices which may enhance fire safety.

These may include: ● Management of parks, reserves and vegetation; ● Preventative measures, such as community education in partnership with the

fire fighting services; ● Systemic reforms such as changes to building and planning codes , choice of

vegetation and plantings rules, as well as rules which apply to the removal of vegetation which may contribute to a fire risks.

3. That appropriate action and/or representations be made to reduce any risks which

are identified.” Background The City of Kingston plays a key role in managing fire risk within the municipal district through its involvement in:

• Council’s Emergency Management Plan. • The City of Kingston’s Fire Prevention Plan. • The management of Council land, and public buildings. • Administration of Building and Planning functions.

Municipal Emergency Management Plan Council has a municipal emergency management plan (MEMP) which is a requirement under the Emergency Management Act. The MEMP provides for the coordination of a broad range of emergency management activities. Municipalities are required to appoint two statutory positions, namely a Municipal Emergency Resource Officer, who is Warren Ashdown, Manager Infrastructure and a


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Municipal Recovery Manager, who is Robert Crispin, Manager Community & Aged Services. Council’s MEMP is reviewed and updated by a Municipal Emergency Management Planning committee. This committee is coordinated by Warren Ashdown, with the committee comprising representatives of all major emergency service organizations. Major institutions are also represented including Southland, Moorabbin airport, Braeside Park and the Kingston Centre (Hospital). The framework for the MEMP is based on the principles of planning, preparation, response and recovery. As reported in the daily press during the Victorian bushfire crisis, recovery from an emergency incident is of equal importance to that of the response to an incident. The recovery activities commence concurrently with the response to an incident, and involves supporting the community to recover from the impacts on the natural environment, and built environment, and from the economic and social impacts. The MEMP Committee has undertaken a risk assessment of the emergency management issues that may impact on the broad community. These include the risk of structural fire and grass fire. The controls identified include Council's Municipal Fire Prevention Plan, enforcement of Local Laws, conducting community awareness programs, councils land management practices, powerline clearance of street trees and building regulation. 1. Identification of fire prone areas in the municipality which includes land and

property managed by the City of Kingston. 1.1 Council Land

The Natural Resource Areas (NRA) within Kingston that could be considered a potential fire risk are:

The Grange, Rowan Woodland Reserve, Bradshaw Park, Caruana, Namatjira, Kingston Heath, Chiquita, Racecourse Res, Sir William Fry, Wells Road, Heights Park, Mordialloc Creek, Epsom Conservation Reserve, Foreshore, Bald Hill and Powernet Easement.

1.2 Private and Public Land

The majority tracts of private and public land within the municipality that pose a bushfire risk are Braeside Park golf courses and industrial precincts.

2. Fire Safety Strategies – Parks

Due to urban development many fire breaks surround the majority of Kingston’s NRA’s, these breaks include sporting ovals, open space, tips and public roads. The good road network surrounding the parks allows for easy access for fire fighting purposes and provides good escape routes for the public. Some of the NRA’s are surrounded by residential properties and most of these have fire breaks or fire access tracks. Kingston has some management zones, where there


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are no fire breaks between the vegetation and the neighbouring properties, an inspection and fuel reduction works are carried out annually to reduce fire risk. NRA are not considered a “wild fire” risk that could result in loss of life and extensive property damage. There is a possibility of fires occurring within these areas and damage being done to surrounding property. It is considered property damage would be minimal as the fire could be contained and extinguished by the relevant fire authority before spreading. In order to minimise the risk of fire in Council’s natural resource area, the following operational procedures are in place:

• Kingston’s municipal fire prevention officer-Neil Shepherd and the

CFA/MFB, conduct audits of Kingstons NRA’s before the “fire season” and reports to the NRA supervisor “works to be undertaken”.

• NRA staff have a good working relationship with both the Country Fire

Authority and the Metropolitan Fire Brigade and provide them with park maps showing access points to be used in case of fire.

• Staff monitor weather reports to be aware of fire warnings • The Grange and Bradshaw Park have boundary fences and entry gates. The

gates are locked on mornings of Total Fire Bans/High Fire Danger days. Before locking the gates staff check these reserves for visitors and politely ask they leave and come back at another time.

• The foreshore is audited on a complaint basis by Kingston’s MFPO and the

CFA. This occurs predominately for the south side of Mordialloc Creek. • NRA staff are trained in Rural fire awareness/ environmental burning, • In management zones, where there are no fire breaks between the vegetation

and the neighbouring properties, an inspection and fuel reduction works are carried out annually to reduce fire risk.

• Procedures for Ecological Burns and weed seed head burning have been

developed and are continually being reviewed • Copies of Ecological burn plans are sent to MFPO and fire authority, and

residents and media are contacted prior to burn • Permits are obtained from MFPO at commencement of non-fire ban season • NRA team do controlled Ecological Burns for improving biodiversity and this

has the added benefit of reducing fuel loads. Fire access tracks are maintained annually or as required. Ø Weed control in the reserves reduces fuel


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Ø Handweeding - removal of weeds from sites Ø Weed seed head burning- some of the fuel is burnt as a result (this is not

a fuel reduction burn as such) 3. Preventative Measures/Communication Education

The City of Kingston is a unique municipality in that both the Metropolitan Fire and Emergency Services Board and the Country Fire Authority service the City. The Metropolitan Fire and Emergency Services Board (MFB) services the City of Kingston north of the Mordialloc Creek and Heatherton Road; and west of Boundary Road and Westall Road with the remainder of the City serviced by the Country Fire Authority (CFA). Fire prevention activities in Victoria are organised through Municipal Fire Prevention Committees (MFPC) established under the Country Fire Authority Act 1958. Each Municipal Council situated within CFA Districts have a statutory responsibility under Section 55A of the CFA Act 1958 to prepare and maintain a Municipal Fire Prevention Plan (MFPP). The Municipal Fire Prevention Plan 2008 – 2011 (MFPP) was adopted by Council on 22 September 2008. MFPP’s are required to be audited by the CFA every 3 years. The City of Kingston MFPC meets prior to the fire season each year to plan for the summer and after the fire season has ended to debrief on the summer fire activities. Councils’ Municipal Fire Prevention Officer (MFPO) is Neil Sheppard who is responsible for maintaining the plan and ensuring its implementation. Three other officers have completed the MFPO course and are able to act as Assistant MFPO. The City of Kingston Fire Prevention Plan was developed by a working party consisting of representatives from Council, the Country Fire Authority (CFA), the Metropolitan Fire Brigade (MFB) and Parks Vic. The MFPO liaises with the working party and members of the MFPC throughout the year to ensure that all identified programs are being undertaken.

The City of Kingston is committed to minimising the risk of fire and facilitating the development of a safer community.

The Municipal Fire Prevention Officer is required to review the plan every three years, with minor reviews annually. This Municipal Fire Prevention Plan incorporates programs that support the aims of the City of Kingston Municipal Emergency Management Plan.


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As such, the Municipal Fire Prevention Plan (MFPP) has been developed to identify long-term objectives and approaches in managing fire risk in the seven Priority Risk Environments, these include: 1. Residential; 2. Commercial; 3. Industrial; 4. Agriculture and the Natural Environment; 5. Public Accommodation, and Health Care and Special Accommodation; 6. Public Assembly; 7. Transport and Infrastructure. Each of the Priority Risk Environments (PRE) may be subjected to wildfire, structural fire, or hazardous materials incidents. Risk Assessment is undertaken by the Local Laws Department, CFA, MFB and Parks Vic to determine the risk of fire. Fire risk assessments are carried out on site annually with members of the MFPC inspecting reserves and areas of natural bushland. The MFPP identifies strategies and education programs to be undertaken annually. Most of these progams are run by the fire services with support and attendance from Council’s MFPO. Fire safety education/programs undertaken by the Fire Services in Kingston: Brigades in Schools, Fire Ed/Mobile Education Unit Early Fire Safe Retire Ed/Isolated Elderly Fire Safety Displays Fired Up English Reduce the Risk Smokebuster 2 Flames Operation Homesafe The Juvenile Fire Awareness Intervention Program Fire Safety Audits Home Fire Safety Workshops Community Education Campaign – Community Safety Month Community Fire Safety meetings CFA/MFB - Pre Incident Response Planning Change Smoke Alarm Batteries media awareness Fire Safety awareness in special accommodation Other Programs Conducted within the Municipality include: Caravan/Accommodation Safety inspections New and Emerging Communities project promoting fire safety awareness Fire prevention inspections – Local Laws Fire Prevention Inspections – Melbourne Water, Edithvale wetlands Fire Prevention Inspections – Parks Vic, Braeside Park, Karkarook Park Fire Prevention Inspections – Vic Roads land Fire Prevention Inspections – Railway contractors Prescribed Burning – Parks Vic, KCC Natural Resources Team


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4. Management of Fire Risks Private Property Each year in November approximately 500 fire hazard warning letters are sent to all owners of vacant land. This is a pre season reminder letter advising that the vacant land should be slashed prior to and during the fire season. Each year from November to the end of April the Local Laws team allocates an assistant MFPO to undertake a fire hazard inspection and removal program. This Officer inspects all vacant land in Kingston to determine if it is a fire hazard. Photographs of the land are taken during the inspections. All owners of vacant land that is found to be a fire hazard are issued a Fire Hazard Notice to Comply (NTC) under Local Law 5.16 Unsightly and Dangerous Land. The owner is given a set time to complete the required work. Approximately 700 NTC’s are issued each year. Once the date for the work to be completed has passed, the Officer will re-inspect the land, once again taking photographs. If the work has not been completed Council will employ the services of a contractor to undertake the work and the land owner will be invoiced by Council’s finance department. The land owner will also be issued an infringement notice under the Local Law for failing to comply. The assistant MFPO will also respond to complaints from residents who are concerned with both vacant properties and other properties where the resident does not keep their property in a safe manner. The same process is followed and contractors are employed to remove the fire hazard if the resident fails to comply. Throughout the year Local Laws Officers respond to complaints about unsightly and dangerous properties and land, issuing NTC’s when required. Vegetated areas of the foreshore are inspected by the MFPO and CFA on a complaint basis or if requested by Councils’ Natural Resource Team. It can often be difficult to gain compliance in a timely manner from land owned by State Government and Vic Roads.

5. Building Controls 5.1 Council Buildings

Council's public buildings are required by regulation to contain essential safety measures (ESM) which are aimed at protecting the building and its occupants, with fire being one of the risks. These measures include features which promote the expedient evacuation of the building, including managing paths of travel within the building, emergency exit signs and exit doorways. Firefighting equipment such as fire extinguishers hydrants and hose reels and sprinklers may also part of the ESM provisions. Higher order ESM provisions are required for buildings of larger occupancy or more significant usage. Council is required to inspect and maintain the ESM requirements for its buildings which are undertaken through the building facilities team of the Infrastructure Department.


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5.2 Private Building

The Kingston Building Team have the following involvement in fire related matters: Re-active • The Municipal Building Surveyor performs a critical role in responding to

emergency situations where buildings are involved. Such situations are predominantly caused by the consequences of fire on the structural integrity of a building. Under the power provided under Part 8 of the Building Act 1993 the Municipal Building Surveyor may issue an Emergency Order over land where it is believed that danger to life or property may occur. This Order can prevent access to a building(s) and can require the owner to undertake works to address any concerns in relation to the integrity of the building.

Council presently has an after hours facility whereby the Municipal Building

Surveyor or delegate can be contacted by State Agencies (Fire / Police) should matters arise in relation to buildings as a consequence of a fire ‘out of hours’.

Proactive • Council’s Building Department performs a proactive service whereby it

inspects Councils own buildings (halls, pavilions etc) as well as random selection of privately owned buildings to improve compliance with Building Regulations. These inspections presently result in a member of Council’s Building Team being accompanied by a consultant with extensive practical experience at the Metropolitan Fire Brigade whereby a range of fire prevention mechanisms are examined. Elements which are examined include the existence of Emergency Lighting, Fire Extinguishers and Hydrants (as applicable) and that appropriate paths of travel are available in the building(s). The Building Regulations provide guidance as to a range of other elements that are required to be provided in buildings to assist in mitigating against fire risk. At present Council Officers have completed inspections on approximately 50% of the Council owner / operated buildings. Council Officers will continue to randomly inspect private buildings with priority given to higher risk areas such as industrial buildings or shared accommodation buildings. It is noted that due to the significant number of industrial buildings in the municipality, Council will be unable to inspect all Buildings, however the Building Team will be increasingly using Kingston Your City to provide appropriate building maintenance practices. For all buildings built before 1 July, 1994, the owner is responsible for ensuring that any safety equipment and fittings are maintained and that an annual essential safety measures report is displayed. For buildings built or altered after 1 July, 1994, in addition to keeping the annual essential safety


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measures report in the building a copy of the occupancy permit must also be available.

Conclusions Council has a range of legislative responsibilities for the management of fire risk in the municipal district as set out in the above report. The plans and program associated with fire risk are subject to regular review. During 2009 a meeting of Council Emergency Management Committee will be scheduled to focus specifically on elements, of Council’s plan relating to fire, to ensure that agencies in the Kingston area can apply any of the recommendations arising from the recent bushfires to our Emergency Management Plan, following the findings of the Royal Commission. As appropriate a report on the outcome will be presented to Council for its review. Recommendation That the report be noted. Crs Staikos/Brownlees That the recommendation be adopted.

Carried


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L 65 Modification to Schedule 3 of the Environmental Significance Overlay – Inclusion of additional property at 45 Baxter Avenue, Chelsea

Author: Stacey Rees - Strategic Planning and Building Approved by: Tony Rijs – General Manager Environmental Sustainability 1. Purpose This report proposes to seek authorisation from Council to initiate an amendment to the Kingston Planning Scheme for the subject tree at 45 Baxter Avenue, Chelsea, through an Environmental Significance Overlay. The significance of the tree is identified in the attached citation (see attached). This report was previously listed for consideration at the Ordinary Council Meeting on the 27th April, 2009. Council requested that Council Officers explore the costs associated with the possibility of relocating the tree which has now occurred and is subsequently discussed. 2. Background At the 27 October 2008 Ordinary Council Meeting Council resolved: Recommendation 1. That Council approve the addition of the tree at 45 Baxter Avenue, Chelsea to the

City of Kingston Register of Significant Trees, May 2007. 2. That Council seek interim protection controls for the significant tree at 45 Baxter

Avenue, Chelsea via the Kingston Planning Scheme through an Environmental Significance Overlay.

Accordingly, an authorisation request for interim controls was sent to the Minister on 15 December 2008. The request has not been authorised at this stage as the Department of Planning and Community Development have requested further information from Council. At the time of the Council resolution it was considered appropriate to seek interim controls to provide for immediate protection of the tree, which the owner was proposing to remove as part of his development plans for the land. It should be noted that the interim request stated Council’s intentions to seek a permanent control following the approval of the interim controls, as is the general practice. However, since this time the following events have occurred: § Amendment C93 (Register of Significant Trees) has been approved to the Kingston

Planning Scheme. § The tree removal application (under the local law provision) for the subject tree has

been refused.


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§ Advice from DPCD indicated that it may be more appropriate to seek permanent controls in the first instance.

§ The owner of the property has indicated that they oppose the trees addition to the

Register of Significant Trees and continues to seek permission to have the tree removed. It is considered that the appropriate forum for this matter to be resolved, subject to the land owner opposing the retention of the tree, is an Independent Planning Panel Hearing. Should the resolution in this report proceed and submissions then be received during exhibition of the Amendment that cannot be resolved, it is likely Council Officers will recommend to Council this matter be considered by an Independent Planning Panel.

3. Options The options available to Council are as follows: 1. Proceed with seeking interim controls – this option involves Council resolving to

continue with the current course of action resolved at the meeting of 27 October, 2008.

2. Seek permanent controls – this option would involve Council indicating that it

wishes to replace the previous resolution to seek an amendment to the Schedule 3 of the Environmental Significance Overlay (Register of Significant Trees).

As identified, Council Officers have now also obtained external advice in relation to indicative costs to relocate the tree. The advice received indicates that the costs associated with relocation would be substantial. This information in relation to the associated costs has been shared with the owner of the land. It is considered that an alternate option available would be for the owner to relocate or agree with a third party to have the tree relocated provided such works were undertaken by appropriately qualified people and did not compromise the tree’s health. 4. Summary and Conclusion Based on the considerations raised at point 2 of this report, it is now considered appropriate that Council proceed as quickly as possible with attaining authorisation for the amendment and progressing to exhibition phase where the owner will have the opportunity to lodge a submission and to have the matter heard by an independent planning panel. Proceeding in this manner will provide for the quickest resolution of this matter in relation to whether or not the Planning Scheme should be modified to recognise the tree through the Kingston Planning Scheme. Should the owner of the land be able to formally demonstrate that he is pursuing the relocation of the tree, Council will be advised at the next available Ordinary Council Meeting and its position in relation to the Amendment reviewed accordingly.


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5. Recommendation 1. Authorise the preparation of Amendment C106 under Section 9(2) of the Planning

and Environment Act 1987 to add the tree at 45 Baxter Avenue to the Register of Significant Trees at Clause 42.01 Schedule 3 of the Kingston Planning Scheme.

2. That following authorisation Amendment C106 be exhibited in accordance with Section 19 of the Planning and Environment Act 1987.

3. That prior to exhibition of the amendment, a formal request be made to Planning Panels Victoria for a pre-set Panel.

4. That the Council contact the Owner to meet to explain the above resolution. Attachment: Statement of Significance Motion: Crs West/Staikos 1. Authorise the preparation of Amendment C106 under Section 9(2) of the Planning

and Environment Act 1987 to add the tree at 45 Baxter Avenue to the Register of Significant Trees at Clause 42.01 Schedule 3 of the Kingston Planning Scheme.

2. That following authorisation Amendment C106 be exhibited in accordance with Section 19 of the Planning and Environment Act 1987.

3. That prior to exhibition of the amendment, a formal request be made to Planning Panels Victoria for a pre-set Panel.

4. That the Council contact the Owner to meet to explain the above resolution. 5. That should the owner of 45 Baxter Avenue make a payment of $125,000

equivalent to the estimated cost for relocation of the tree to a Council Reserve, prior to Friday 29 May 2009, Council undertake the tree relocation in accordance with the arborist’s report and not pursue the proposed planning scheme amendment.

The motion was put and lost. Subsequent motion: Crs Brownlees/Ronke That the matter be referred back to local laws officers in order to facilitate the removal of the tree. The motion was put and carried. A division was called


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For Against Mayor Cr Athanasopoulos Cr Dundas Cr Brownlees Cr Shewan Cr Peulich Cr Staikos Cr Ronke Cr West The Mayor, Cr Athanasopoulos, used his casting vote in favour of the Motion.. The Motion was Carried.

115

City of Kingston Register of Significant Trees – Statement of Significance

45 Baxter Avenue, Chelsea Tree Ref # T100 Genus/ species: Phytolacca dioica Common Name: Ombu Tree Significance Criteria Met: Horticultural Value (HV), Rare or Localised (RL) – Only Known Specimen Location: Rear of existing front dwelling at 45 Baxter Avenue, Chelsea

Tree Attributes Origin of Species: Exotic Diameter at Breast Height (DBH)(mm): Stem 1: Approx 1000 / Stem 2: 0 / Stem 3: 0 Calculated DBH of Stems (mm): 1000 Circumference at DBH (mm): 3142 Diameter at Base (mm): 2500 Circumference at Base (mm): 7855 Height (m): 9 Canopy Width (m) (North /South): 20 Canopy Width (East/ West): 14 Health: Fair - Good Structure: Fair - Good The health and structure of the trees is considered to be fair to good. The tree has a full canopy and is not showing any signs of stress through discolouration of the foliage or a decline in canopy cover. There does not appear to have been any formative pruning measures undertaken in the past and the tree has developed a reasonably well structured broad spreading crown. Little is known regarding the tolerance of the species to local climatic conditions; however, it appears that the tree is drought tolerant and tolerant of poor growing conditions. Pest and Disease : No Presence Age Class: Mature Approximate Age: 40 – 60 Years Useful Life Expectancy: 20 + Years Management Recommendations: This tree may only require minor formative pruning and removal of rubbish and debris from the optimal root zone of the tree.

Determination of Structural and Optimal Root Zones:

Structural Root Radius (m): 3.3 Optimal Tree Protection Radius/ Zone (m): 10

Statement of Significance: The species is a native of South America and very uncommon in cultivation within Melbourne. The species is generally confined to Botanic Gardens and some specialist gardens. The species is a massive deciduous tree that has a broad spreading canopy to between 15 – 20 metres and can attain a height of around 15 metres. The wood is spongy and is not entirely woody, being able to be cut with a knife. This tree is significant within the Kingston municipality and meets the significance criteria of Horticultural Value and Rare or Localised as it is the only known specimen within Kingston.

116

City of Kingston Register of Significant Trees – Statement of Significance

Photographs (45 Baxter Avenue, Chelsea): Last Inspection carried out in: November 2008


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L 66 Production of Meals for the Delivered Meals Service: Report on Tenders (Contract 08/102)

Approved by: Mauro Bolin, General Manager, Community Sustainability Author: Georgia Hills, Team Leader Aged and Disability Services Rob Crispin, Manager Community & Aged Services 1. Purpose This report is presented for Council to determine a suitable contractor to produce and supply meals for Council’s Delivered Meals (Meals on Wheels) Service. 2. Background Contract 08/102, Production of Meals for the Delivered Meals Service, enables the supply of daily nutritious meals to frail older people and people with disabilities. These clients are living at home in the community and are unable to fully cater for their own dietary needs. The service delivers approximately 130,000 meals per year to approximately 600 eligible people. The proposed Contract is for the production and supply of meals to nominated distribution sites in Kingston for a period of three years commencing on 1 July 2009 and ending on 30 June 2012. There is an option for Council to extend the contract by two years at its absolute discretion. The Contract is subject to periodic financial adjustment based on a specified formula. The Contract is based on a schedule of rates (price per meal type). Council sought tenders from suitably qualified organisations for the production and supply of meals. An invitation to tender was advertised on 6 December 2008 and the closing date for submissions was Thursday 22 January 2009. In response to the advertisement, tenders were received from the following companies:

• BHS Catering • ICook Catering Aged Care Services P/L • Ranahan’s Fine Foods • ISS Facility Services


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All tenderers and their submissions have been assessed in accordance with the evaluation criteria set out below:

• Tendered price/rates. • The tenderer’s ability to perform the service including: - food packaging and production - property, plant and equipment - transitional arrangements. • The tenderer’s relevant experience including: - skilled personnel.

• The tenderer’s quality assurance certification and procedures including: - sub-contractors - management of the contract - occupational health and safety. • The tenderer’s bona fides and past performance. • The tenderer’s compliance with the Tender Conditions and the General

Conditions of the Contract. 3. Issues At the completion of the tender evaluation process, the Tender Evaluation Panel rated ICook Catering Aged Care Services P/L the highest against the evaluation criteria. The Panel also determined that ICook Catering Aged Care Services offer the best value for money. ICook Catering Aged Care Services P/L has satisfactorily provided Council’s Delivered Meals Program for the current Contract period, which will total five years ending 30 June 2009, and currently has a number of other contracts that cater to a similar client group as the Delivered Meals Program. A commercial in confidence report detailing the tender evaluation is included in the Confidential Section of the Agenda. 4. Options Continuation of the supply of meals is critical for Council’s Delivered Meals Service. A new contract is required to be in place by the 1 July 2009 to avoid expensive alternatives that would seriously disrupt the service to consumers. Based on the tender evaluation an alternative tenderer to the one recommended could be selected from some of the other tenderers, but this is not recommended.


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5. Triple Bottom Line Financial

The price of the recommended tenderer I Cook Catering is within reasonable parameters for the provision of this service, although tender pricing has increased in recent years due to the upgrade of meal containers and an increase in food ingredient prices due to the drought and production costs.

Social

There is an expectation in the community that Council provide a range of services to maintain older people and people with disabilities at home for as long as they wish and are able. Ensuring people’s nutritional needs are met is a critical service to achieving this.

Environmental

Council has specified that meals be provided in individual containers. These containers are recyclable. ICook Catering’s packaging is of outstanding benefit for clients as well as being recyclable.

6. Summary and Conclusion Council requires a contractor to be in a position to produce approximately 130,000 meals per annum for the Delivered Meals Program. The current contract expires on 30 June 2009. Based on a thorough evaluation of the tenders received, it is proposed that Council award the contract to ICook Caterers Aged Care P/L. There are no transitional arrangements with the recommended tenderer as it is currently providing the service to Council. 7. Recommendation 1. That the contract for Production of Meals for the Delivered Meals Service

Contract No. 08/102, be awarded to ICook Catering Aged Care Services P/L for the sum of approximately $ 1,202,724 for year one (based on the submitted schedule of rates).

2. That the Chief Executive Officer or delegate be authorised to execute the contract

and to exercise the option for a two year extension when available, subject to satisfactory performance.

Attachment: Commercial in Confidence Tender Evaluation Report Crs Staikos/Brownlees That the recommendation be adopted.

Carried


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L 67 Kingston Community Safety Strategy 2009-2012 Approved by: Mauro Bolin - General Manager Community Sustainability Authors: Heath Stenton, Team Leader, Community Engagement Dominic McCann, Coordinator, Community Projects 1. Purpose The purpose of this report is to seek Council endorsement of the Community Safety Strategy 2009- 2012 enabling Council to take a lead role in providing a safe and secure environment for the people who live, work and participate in the life of the City. This strategy relates to the visions set out in the Council Plan 2008 - 2013, in particular;

• Strategy 3.1 Strive to create and maintain an environment where people feel safe and secure.

• Strategy 3.3 Connect and improve the strength and capacity of local communities. • Strategy 3.4 Community Education. The Kingston Community Safety Strategy 2009-2012 has been circulated separately. 2. Background Through its first Community Safety Strategy, developed in 2004, Council resolved to assist with providing a safe and secure environment for those that live, work and participate in the life of the City . The development of the second Community Safety Strategy 2009 - 2012 continues to commit Council to enhancing the safety and security of the Kingston community. Council’s role is one of coordination and facilitation, and working in partnership with the community to improve and maintain safety within Kingston. The Strategy incorporates crime and injury prevention as well as broader quality of life and well-being issues. It promotes people’s confidence to participate fully in the life of their community without fear of, or actual, harm or injury. The Strategy includes data from a range of sources and key stakeholders. This has been collated to assist with the identification of the key community safety issues, both actual and perceived, in Kingston. A wide range of interest groups, key stakeholders and community members were invited to make comment in drafting the Strategy. In summary consultation included input from: • Three public community safety forums • Community safety surveys • Kingston Councillors • Community Safety Reference Group (CSRG). Its members include Victoria Police,

Metropolitan Fire and Emergency Services Board, Country Fire Authority, Vicroads, Central Bayside Community Health Services, Department of Education.

• Youth Forum & Youth Consultative Committee


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• Community Satisfaction Survey • Council officers • Individual community members. The Strategy has also considered material arising from the following sources: • World Health Organisation Safe Communities Program • World Health Report on Violence and Health • The National Research Project into Good Practice in Community Crime Prevention • A Fairer Victoria State Government social policy document • Best practice in other local governments in Victoria • Police reported crime statistics for Kingston.

3. Issues The Community Safety Strategy 2009-2012 is an evidence-based strategy intended to fill any gaps and complement, rather than override or duplicate, other existing Council strategies. Community Safety is an all-embracing concept, incorporating many aspects of community life and Council responsibility. As such, there are a number of strategies in existence, coordinated by a range of Council departments, which consider aspects of community safety. These include:

• Municipal Public Health Plan 2006-2009 • Emergency Management Plan • Municipal Fire Prevention Plan • Alcohol & Other Drugs Strategy • Kingston Youth Strategy 2007-2010 • Disability Action Plan • Multicultural Action Plan • Community Plan 2006-2010. In presenting the Community Safety Strategy 2009-2012 it is important to recognise that the strategy is not Council’s only response to Community Safety but is a complementing strategy to existing Council Programs, Strategies and Plans. Key Areas for Action in the Strategy A background report, Community Safety: Emerging Issues in Community Safety, was produced in late July 2008. This report informed the development of the Community Safety Strategy 2009- 2012 and identified six key action areas where Council’s efforts and resources should have focused strategic actions. The key areas of focus were identified as: • Coordination & Leadership of Community Safety • Safety Related to Young People • Safety in Public Open Space • Effects of Alcohol & Other Drugs on Crime, Violence and Injuries • Safety on and around Public Transport • Home and Family Safety.


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The strategic actions related to these areas of focus are identified in the Community Safety Strategy 2009-2012. 4. Triple bottom line 4.1 Environmental: Activities pertaining to the Community Safety Strategy will be undertaken utilising existing environmental resources. In particular the strategy includes: • Promoting the use of and natural surveillance of public spaces. • Conducting safety audits (night and day) of perceived ‘high risk’ locations identified

through community consultations. • Designing and implementing strategies using crime prevention principles to address

safety concerns in perceived ‘high risk’ locations. • Implementing Safety Strategies to improve environment, amenities and facilities for

the community.

4.2 Social: The Strategy seeks to achieve the following social outcomes:

• Increased ownership and participation of individuals, to enable local safety issues to be identified and addressed in partnership with the community.

• Implementation of inclusive programs, acknowledging the diversity of cultures, issues and need throughout the municipality.

• Improved community perceptions of safety through the implementation of a range of strategies that address actual and perceived safety issues.

4.3 Financial: Activities pertaining to the Community Safety Strategy will be undertaken within existing resources. 5. Conclusion Adoption of the Community Safety Strategy 2009- 2012 will continue to enable Council to take a lead role in providing a safe and secure environment for the people who live, work and participate in the life of the City. The Community Safety Strategy recognises the role that the community has in creating a safer community and that it is only through partnerships with key stakeholders and the community that this objective can be realised. The Community Safety Strategy is an evidence-based strategy intended to fill any gaps and complement, rather than override or duplicate, other strategies of Council. Community Safety is an all-embracing concept, incorporating many aspects of community life and Council responsibility. As such, there are a number of strategies in existence, coordinated by a range of Council departments, which consider aspects of community safety. The Community Safety Strategy again highlights that Kingston is a relatively safe place to live, and there are a number of facets to living in the City of Kingston that contribute to safety and feelings of being safe.


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6. Recommendation 1. That the Community Safety Strategy 2009-2012 be adopted by Council.

2. That Council note the Community Safety Reference Group established out of the

first Community Safety Strategy will continue to assist Council to deliver the strategic actions contained in the Strategy.

Attachment: Kingston Community Safety Strategy 2009-2012 Crs Ronke/Brownlees That the recommendation be adopted.

Carried


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L 68 Moorabbin Bowls Club – Installation of Artificial Green Approved by: Mauro Bolin – General Manager Community Sustainability Author: Steve Lewis – Capital Works Co-ordinator, Leisure & Culture 1. Purpose This report has been prepared to update Council on the current position with the Moorabbin Bowling Club artificial green project, following approval by Council on 22nd October 2008, and to seek Council’s approval to vary the previously agreed financial arrangements for the project. 2. Background At its meeting of 27th October 2008, Council considered a report on the future development of the Moorabbin Bowling Club on Moorabbin Reserve and agreed to:-

(i) commit up to $180,000 in 2008/09 capital funds towards the installation of a synthetic green subject to the Moorabbin Bowling Club making a contribution of $20,000 to the capital cost of the synthetic green.

(ii) request officers to develop plans for the decommissioning of the southern-most bowling green; reconfiguration of the car park; and redesign of the northern area of Moorabbin Reserve to open it up to South Road generally in line with the attached concept plan in consultation with the Friends of Moorabbin Reserve.

(iii) approve officers to prepare a new 9 year lease with the Moorabbin Bowling Club that redefines the lease area consistent with the re-alignment of the car park boundary and including a requirement of the Club to establish a sinking fund for the replacement of the synthetic green with an initial Club allocation of $20,000.

Subsequently at its meeting on 22nd December 2008, Council considered and approved a further report concerning the proposed allocation of the $488,000 resources allocated to Kingston from the Federal Government’s Regional & Local Community Infrastructure Programme (RLCIP). This report recommended that $150,000 from this fund be used to create a new artificial green at the Club, on the basis that $20,000 was directly contributed by the Club to the cost of the capital works and a further $20,000 as an immediate contribution towards a new sinking fund to maintain/replace the facility. 3. Issues In accordance with the above resolutions of Council, officers have held discussions with representatives of the Bowling Club, who have considered the Council’s offer and have written to the Council setting out their position (please see Appendix B).


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In summary, whilst welcoming the prospect of having a new artificial green, the Club have indicated that after assessing their financial position they are unable to contribute a total of $40,000 to the project (i.e. $20,000 towards the capital cost of the works and an immediate $20,000 contribution to a sinking fund). The Club have indicated that they could contribute a total of $20,000 toward the project from its reserves and have asked that the Council reconsider its previous decision. In tandem with discussions with the Club, tenders have been prepared and sought via open tender procedure, and these have been received below the original cost estimate. Given the Club’s stated financial position, and in light of the competitive nature of the tenders submitted, Council is requested to reconsider its previous resolution and agree to allocate $150,000 from the Regional & Local Community Infrastructure Program grant towards the capital cost of the Moorabbin Bowls project, on the condition that Moorabbin Bowling Club formally agrees to contribute a total of $20,000, split between the capital works and the establishment of a sinking fund to support future replacement costs of the project. 4. Triple Bottom Line Checklist

• Environmental – The design and commissioning of any improvement works will take account of the need for reduction of the Council’s impact on the environment.

• Social –The Club provide much needed social and recreational community

facilities for residents in the area.

• Financial – Subject to Council’s approval of the variation of the previously agreed funding arrangements, the project can be delivered within approved resource levels.

5. Summary and Conclusion

In summary, following previous resolutions of Council concerning the conditional funding arrangements for the proposed new artificial green, tenders have been sought and clarification of the ability of the Moorabbin Bowling Club to meet the Council’s financial conditions have been obtained. In light of these developments, Council is asked to approve a revised funding arrangement for the project.


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6. Recommendation That Council resolves to:- 1. reconsider it previous resolution regarding the funding arrangements for the

creation of an artificial green at Moorabbin Bowling Club, in light of the Club’s stated financial position and the nature of the competitive tenders received.

2. confirm its contribution of $150,000 from the Regional & Local Community

Infrastructure Program grant towards the capital cost of the project, on the revised condition that Moorabbin Bowling Club formally agrees to contribute the remaining $5,727 towards the cost of capital works and agrees to set up a sinking fund to support future replacement costs with an initial deposit of $14,273, bringing its required total contribution up to $20,000.

Attachments:

(i) Appendix A – Moorabbin Bowling Club Location Plan

(ii) Appendix B – Letter received from Moorabbin Bowling Club : 8th February 2009 Crs Staikos/Ronke That the recommendation be adopted.

Carried

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Appendix A : Moorabbin Bowling Club, South Road, Moorabbin

Contains VicMap information © The State of Victoria, Department of Sustainability and Environment, 2006. Reproduced by permission of DSE.

All reasonable effort is taken to keep the information presented by the on-line mapping system accurate and up-to-date, however NO WARRANTY is given that is free from error or omission. The information is presented as a guide only. For Definitive information on Planning Scheme or properties please contact the City Of

Kingston Customer Service Centre.

128

Appendix B


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L 69 Proposed Lease – Waterways Kiosk Approved by: Paul Franklin, General Manager Corporate Services Author Julian Harvey, Manager Property Services 1. Purpose The purpose of this report is to recommend to Council the terms of a proposed lease to Portland House Pty Ltd for the existing kiosk at the Waterways residential development and the approvals process required to enter into the proposed lease. 2. Background The developer of the Waterways residential subdivision has constructed a café/kiosk on land that is to be transferred to Council under the terms of the Section 173 Agreement imposed at the time of approval of the development. The developer has not yet transferred the land that is set aside for open space. In September 2008 Council resolved to enter into a Section 173 Agreement to create a separate lot for the kiosk to enable the use to continue. The developer has subsequently expressed a desire to enter into a lease for the land rather than wait for an amendment of the Section 173 Agreement to enable a subdivision of the site. Officers have proposed a draft ground lease for the maximum period permissible under the Local Government Act, 50 years (25 Plus 25). 3. Issues The kiosk was built by the developer under the knowledge that the land was to become the freehold property of Council. Upon transfer of the land to Council under the terms of the Section 173 Agreement the kiosk improvements would automatically transfer to Council ownership The Waterways development is lacking in facilities that provide basic amenity such as a ‘milk bar’. The continuation of some form of kiosk that can provide basic services to the residents of Waterways should be pursued. It is noted that the developer appears to recognise the lack of easy access to convenience items for residents and has requested the use of the site to include “convenience store”. The recommended terms of the lease are attached at Appendix 1. As the proposed lease is for a period exceeding 10 years Council is required to advertise its’ intention to enter into the proposed lease. In accordance with Section 190 of the Act members of the public have the right to make a submission and to have the submission considered by a Council or a committee of Council pursuant to Section 223 of the Act. 4. Options • Issue a draft lease to the developer.


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Council could issue a draft lease to the developer for comment containing the Key terms in Appendix 1.

• Refuse to pursue a lease of the land and continue to pursue the amendment of the

Section 173 Agreement to allow a subdivision of the site. • Refuse to pursue a lease and require the developer to comply with the terms of the

existing Section 173 Agreement. 5. Summary and Conclusions On balance officers consider that Council should pursue the issue of a long term (50 year) ground lease to resolve the current situation. The issue of a lease will ensure the ongoing operations of the existing facility and eliminate the necessity to amend the existing Section 173 Agreement to enable the site to be retained by the developer. 6. Recommendation That Council resolves: • that a lease be prepared for execution by Portland House Pty Ltd containing the terms

set out in Appendix 1 and other terms to the satisfaction of Council’s legal advisor. • that upon execution of the lease by Portland House, Council advertises its intention to

enter into the lease in accordance with Section 190 of the Act. • To appoint Cr Trevor Shewan, Cr John Ronke, Mr P Franklin, General Manager

Corporate Services and Mr J Harvey, Manager Property Services to hear any submissions received in relation to the proposal, and report back to Council.

• that in the event there are no submissions Council authorises the Chief Executive Officer or delegate to execute the lease.

Attachment: Terms of the Lease [CONFIDENTIAL] Crs Shewan/Ronke That the recommendation be adopted.

Carried


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L 70 Draft Kingston 2010-2014 Active Leisure Plan Approved by: Mauro Bolin, General Manager Community Sustainability Author Hannah Croughan, Leisure Planner 1. Purpose The purpose of this report is to present the draft 2010-2014 Kingston Active Leisure Plan to Ordinary Council for endorsement of a four week public comment period. 2. Background In 1997, the City of Kingston developed a Leisure Plan that provided direction and recommendations for leisure provision within the municipality over a ten-year period. The recommendations of the 1997 Plan have now largely been implemented, so it is timely that a new plan is developed which reflects the needs and aspirations of today’s community, including recommendations for implementation over a five year period, 2010 – 2014. Over the past three years the Kingston Leisure Planning Department has undertaken significant research and consultation in the areas of sporting needs, leisure provision in Melbourne 2030 Activity Centres, open space planning and provision, cycling and walking facility development, sport specific planning as well as sporting pavilion development. The 2010 - 2014 Active Leisure Plan draws on the findings of these documents and strategies and coupled with current demographic analysis and demand identification, presents a five year plan in accordance with clearly defined objectives and principles. The Active Leisure Plan will be used to guide Council’s response to the community’s active leisure desires over the coming five years. 3. Research Preparation of the draft 2010-2014 Kingston Active Leisure Plan has involved a range of research and consultation methods in order to build an accurate representation of active leisure interests, aspirations and trends in Kingston.

A range of community engagement and consultation methodologies were utilised to gather quantitative and qualitative information about the Kingston community’s active leisure participation habits, needs and values with respect to active leisure opportunities and facilities. Sykes Humphries Consulting was engaged to complete this component of the project. The methods used included:

• Household Survey • Stakeholder Survey • Kingston Village Committee Survey • Child Centred Consultation • Key Stakeholder Interviews • Focus Groups • Intercept Surveying • Public Submissions


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• Public Comment Period • Meetings with Key Council Staff • Literature Review • Review of local/state/national participation rates and trends Full details are provided in Attachment Three (Active Leisure Plan - Consultation Findings Report) 4. Issues Information gathered locally revealed that walking, cycling, swimming (pool), running/jogging and swimming (beach) were the top five active leisure pursuits which our community participates in. The top five activities which our community would like to participate but does not (or cannot) are swimming (pool), yoga, tennis, ballet/dance and cycling. The main reason given for not participating was ‘not enough time’ followed by ‘nowhere to participate’. In addition to identifying favoured active leisure pursuits and participation rates, preparation of the draft 2010-2014 Active Leisure Plan has resulted in the identification of nine Key Focus Areas of relevance to active leisure. It is recommended that Council direct its attention to responding to these Key Focus Areas over the coming five years in order to address current demand for facilities and participation opportunities as well as projected participation trends. The Key Focus Areas identified include: • Promotion – Information and promotion of active leisure opportunities

• Facility provision (including flexible design) which produces appealing spaces that are available to, and encourage use by, a broad range of people

• Provision of a broad range of active leisure choices which reflect community aspirations and interests as well as Kingston’s demographic structure

• Key Participation Interests: o Walking and Cycling - creation of shared path circuits, connectivity, local area access o Swimming

• Availability of funding including Council’s Community Grants Program

• Responsive active leisure resource allocation

• Standards and maintenance of existing facilities and open space

• Access and connectivity to the foreshore

• Coordinated approach to planning, delivery and development of active leisure Each Key Focus Area is underpinned by evidence and by details of the actions and measures that Council has previously undertaken to address the issue/s. Also, included is a discussion about how effective these efforts have been and important information about the topic. Finally for each Key Focus Area, a range of proposed responses which Council could pursue over


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the term of the Plan (2010 – 2014) has been provided. It is the Key Focus Areas along with the proposed responses which Leisure Planning wishes specifically to seek community feedback about during the proposed four week Public Comment Period. In accordance with the proposed Key Focus Areas, the following principles have been drawn from the body of the research and consultation and are designed to guide the implementation of Council’s vision for active leisure over the next five years: • Greater community participation and engagement in active leisure should be encouraged

and promoted as beneficial to the physical, mental and social well being of the community, and should take account of our ageing community.

• High quality leisure facilities and activities that make our City a vibrant and interesting

place to reside or visit should become standard, with shared/multi-purpose facilities which maximise shared usage becoming the norm.

• Active leisure and recreation opportunities should be relevant to community needs and

recognise the value of accessibility, participation and social interaction in enhancing the quality of life for individuals and the community.

• Resources should be distributed across active leisure/recreation/sport opportunities in

accordance with population needs and demands including age, gender, skill level, cultural background and ability.

• Resources available for active leisure and recreation activities and facilities should be in

line with sustainable demand. • Council should collaborate with community groups, local organisation, government

agencies, and the private sector/service providers to plan, provide and promote active leisure programs, facilities and open space.

5. Triple Bottom Line Checklist • Environmental – No significant positive or negative environmental impacts will result

from a public comment period about the draft Active Leisure Plan however implementation of the Plan can have a positive environmental effect through amenity and landscaping improvements.

• Social - Positive social outcomes have already been attained via this project including a consultation process which meaningfully engaged the community and involved them in the planning of active leisure in their community. Additionally, planning Council’s provision of active leisure to be consistent with existing and forecast active leisure needs will ensure that the community’s ability to gain the social, health and wellbeing benefits associated with active leisure is improved.

• Financial - Public feedback received about the proposed actions which Council could

pursue over the term of the Plan (2010 – 2014) will influence the recommendations and specific actions to be contained in the final Plan. No financial resources have been sought via the 2009-2010 council budget for implementation of the Plan. Given the Active


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Leisure Plan will be used to guide Council’s response to the community’s active leisure desires it is anticipated that existing budgets can be used to implement the Plan over its 5 year term. Additional funding required for projects arising as a result of specific actions could be sought via future Council budgets; additional funds from grant programs, developer contributions and other external sources will enable other recommendations to be completed over the term of the Plan.

6. Summary and Conclusion Development of the draft 2010-2014 Active Leisure Plan has involved an extensive research and consultation process including surveying, focus groups, literature review and trend/demographic analysis. The draft Plan proposes 9 Key Focus Areas which Council should concentrate its attention and efforts on over the coming five years in order to efficiently respond to local participation interests and aspirations. Public feedback received from the four week public comment period, about the proposed actions which Council could pursue over the term of the Plan (2010 – 2014) will influence the recommendations and specific actions to be contained in the final Plan. It is proposed that the four week public comment period will be undertaken in the following manner:

• All registered stakeholders consulted during the development of the Plan be specifically invited to provide feedback;

• All survey respondents (who provided their contact details in order that they be contacted about further consultation opportunities) to be specifically advised that the draft Plan is available for their consideration and comment;

• Copies of the draft Plan be provided to each Kingston Ward Councillor and their comments sought;

• Copies of the draft Plan be provided to each Kingston Village Committee and their comments sought;

• Copies of the draft Plan to be made available on Council’s website and at each of Council’s three Customer Service Centres;

• Advertisements be placed in the Chelsea Independent, and Mordialloc/Chelsea and Moorabbin/Kingston Leader Newspapers; and

• A Council media release be prepared and issued to the media. 7. Recommendation That Council endorse a four week public comment period for the 2010-2014 draft Kingston Active Leisure Plan. Attachments: (tabled) TRIM Ref: 09/42041 - Active Leisure Key Focus Areas – April 2009 Final Version TRIM Ref: 09/42030 - Draft Active Leisure Plan - Priorities for Action (Public Feedback Form) TRIM Ref: 09/20365 – Draft 2010-2014 Kingston Active Leisure Plan - Final TRIM Ref: 08/98259 – Active Leisure Plan Findings Paper – Oct 08 TRIM Ref: 08/84300 - Active Leisure Plan - Consultation Findings Report


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Crs Brownlees/Ronke That the recommendation be adopted.

Carried


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L 71 Councillor Support and Expenditure policy Approved by: Elaine Sowerby General Manager Organisational Development

and Governance Author: Jason Stubbs, Manager Governance and Performance Planning 1. Purpose This report seeks to provide an update on the changes to the Local Government Act (the Act) and new guidelines produced by the State Government for claiming expenses in relation to Councillors performing their duties as elected representatives. It also seeks to update the current policy and practice in relation to claiming of expenses. 2. Background In April 2008 the State Government released its policy on Recognition and Support for Councillors. This followed the Local Government Councillor Remuneration Review Panel report in January 2008 . The review panel report recommended improvements to some practices and drafted guidelines to assist Council determine appropriate policy. These guidelines were included with the policy statement by the State Government in April which supports changes to the Local Government Act which received assent on the 18 November 2008. Relevant section of the Act, and minimum toolkit are included as appendix 1. An information guide on Mayor and Councillor Entitlements was also released on November 2008 (Appendix 2) to clarify what arrangements should be in place at a minimum in relation to support and reimbursement of expenditure in the role of Councillor. Council has had a policy on Reimbursement of Councillor Expenses since 1997 that was amended by Council on the 23 June 2008 included as attachment 3. The most recent revision provided for Council payment for expenses for vehicle, child care and cost of conferences seminars. Council must also set its allowance levels within 7 months of the election and this process began in April with a report to Council and advertising for public submissions. A report to Council on 22 June will be provided in relation to this issue. It should be noted that determination for the policy on Councillor expenses, and Councillor allowances are matters where Councillors are deemed to not to have a Conflict of Interest under section 79C(1). 3. Issues Policy structure The current Council policy does not conform with the new guidelines in the following areas:

• It does not provide enough clarity around the separation of allowances and reimbursable expenses.


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• It does not support transparency for Council and Community in relation to what support is provided to Councillors.

• It is silent on some practices around reclaiming expenses, and documentation required to support claims.

Directions for amending the Policy are:

• The current policy suggests claims can be made at any time, but should be submitted preferably at least on a quarterly basis. This clause is tightened in the proposed policy to suggest claims must be made within 3 months of expense being accrued. This will allow for effective reimbursement of Councillor expenses, and maintain transparency and probity.

• The policy seeks to align with the structures put forward in the State Government guidelines produced to date which articulate best practice provisions. This ensures transparency in relation to expenses incurred in relation to Council Business.

• The policy articulates the minimum toolkit of support, and expands on additional areas specified for legitimate Councillor expenditure.

Process for reimbursement The current process provides for a signed form to be provided to Governance and Performance Planning for approval. This form must include details of kilometres travelled on Council Business in a private vehicle, and wherever possible, receipts of any other expenditure. The revised Councillor Code of Conduct provisions and revised section 75 of the Local Government Act mean that this should be reviewed to reflect the changes to the legislation. It is a requirement to establish the expenses were reasonable and bona fide. This would include provision of receipts and/or other supporting documentation relating to the expense. In regard to mobile phones, these are not currently covered in the policy, however internal procedures have been put in place. Further it is suggested that a reasonable time limit on reimbursement of the expense be put in is 3 months to ensure that timely and accurate records can be maintained. This protects Councillors and staff from any risks associated with poor record keeping practice. 4. Options There are three options 1. Leave the current policy as is and do nothing. This is not desirable as the current practices

fall short in provision of supporting information and documentation for claims. At a minimum this issue should be rectified so this approach is not recommended

2. Modify the current policy to require supporting documentation, and improve the processes for claiming and reimbursement of expenses. This option is also not preferred as it does not conform with the guidelines provided on what should be included in a policy for Councillor reimbursement.

3. Modify the current policy in line with the guidelines and improve the claiming and reimbursement processes. This is the officers recommendation. This will allow for greater transparency with the community around what support is provided to Councillors,


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and what expenses can be claimed by a Councillor in undertaking their duties. The proposed policy is included in attachment 4.

5. Triple Bottom Line Checklist

• Environmental – none. • Social - improved policy would lead to greater transparency in relation to support for

Councillors in the community. Further these improvements will remove risks around existing practices which could result in reputation harm to Council and reduce the communities trust in its elected representatives if negative scrutiny was to occur.

• Financial – changes proposed would improve the management of councillor expenses and have a positive impact on timeliness of future financial reporting.

6. Summary and Conclusion The current councillor expenditure policy requires updating to meet new guidelines introduced by the Victorian Government as a result of legislative changes. Modifications will increase the transparency of support and reimbursement of expenditure to Councillors to the community. Amendments proposed will also clarify the difference between allowance items, operating support and claimable expenses. 7. Recommendation That Council adopts the revised Councillor Support and Expenditure Policy Attachment(s): 1 - Extract from the Local Government Act and Minimum Toolkit of Support 2 - Information guide – Mayor and Councillor Entitlements November 2008 3 – Current Reimbursement of Councillor expenses policy 4 – Draft Revised Councillor Support and Expenditure Policy Crs Staikos/Ronke That the recommendation be adopted.

Carried


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Appendix 1. Extract from the Local Government Act and Minimum Toolkit of Support The Local Government Act sets the following requirements for Council in relation to reimbursement of expenses to Councillors. 75 Reimbursement of expenses of Councillors (1) A Council must reimburse a Councillor for expenses if the Councillor—

(a) applies in writing to the Council for reimbursement of expenses; and (b) establishes in the application to Council that the expenses were reasonable

bona fide Councillor out-of-pocket expenses incurred while performing duties as a Councillor.

Further changes to the Local Government Act section 75 B, require a policy for Councillor reimbursement and the procedures to be adopted 75B Councillor reimbursement policy (1) A Council must adopt and maintain a policy in relation to the reimbursement of

expenses for Councillors and members of Council committees. (2) A policy adopted by Council under this section must be consistent with—

(a) the prescribed types of Councillor out-of pocket expenses that must be reimbursed if the expenses are reasonable and bona fide; and

(b) the prescribed procedures to be followed by Councils in relation to the reimbursement of out-of-pocket expenses.

(3) A Council must keep a copy of the policy adopted and maintained under this section available for inspection at the office of the Council.

Section 75 C sets minimum standards for Councillor support and facilities provision. The guidelines provide suggest that these requirements should form part of a Councillor support and reimbursement policy. Further the guidelines support the concept of incidental private use of Council resources, however require a threshold/s to be set above which payment would be made by the Councillor to offset the usage. The guidelines set a minimum standard for Councillor Support

• Administrative support for the Mayor • Office for the Mayor • Vehicle for the Mayor • Computer (Internet and Email) • Mobile phone and landline with all expenses for connection, service and Council

business calls paid • Stationery • Access to copy/Fax facility • Website development as part of Council website • Support for Councilors with disabilities


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Appendix 2 Information Guide Mayor and Councillor Entitlements November 2008

Information Guide Mayor and Councillor Entitlements reimbursement of expenses and provision of resources and facilities support for Victorian Mayors and Councillors November 2008 Contents Supporting awareness of Mayoral and Councillor entitlements Policy and legislative arrangements Principles Approval arrangements Appendices


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Supporting awareness of Mayoral and Councillor entitlements This Information Guide is to assist Councils, Council staff and the community understand the entitlements of Mayors and Councillors with respect to expenses reimbursement and the provision of facilities and resources support. Councils are encouraged to promote this Information Guide on their websites to better inform the Council, Councillors, the community and the media of Mayoral and Councillor entitlements and where they are referenced in policy or legislation. Council policies on Councillor expenses reimbursement and facilities and resources support are required to be published on Councils’ websites under section 82A (2) (c) of the Local Government Act 1989. The Information Guide describes the minimum toolkit of support and what is prescribed under the following:

• Recognition and Support, the Victorian Government’s Policy Statement on Local Government Mayoral and Councillor Allowances and Resources April 2008 (Recognition and Support).

• Local Government Act 1989 (the Act) as amended by the Local

Government (Councillor Conduct and Other Matters) Act 2008 In addition, the Information Guide also describes the principles that are to guide the application of entitlements provided by policy and legislation.


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Policy and legislative arrangements Policy arrangements- Recognition and Support, the Victorian Government’s Policy Statement on Local Government Mayoral and Councillor Allowances and Resources Recognition and Support prescribes the following as a “minimum toolkit” for expenses, support and resources. Section 76C of the Act allows for these to be further prescribed in the Local Government (General) Regulations 2004 (refer Appendix 1): Resources/facilities mandatory • Administrative support for the Mayor • Office for Mayor • Vehicle for Mayor • Computer – desktop or laptop • Mobile phone and landline • Stationery • Access to fax/copier • Website development as part of Council website* Reimbursement • Travel - including reimbursement of public transport costs • Phone –re-imbursement of relevant call costs • Internet • Child care/family care And that as a matter for Council determination the following be considered • Access to pool car for Councillors • Office space and furniture

*In accordance with Principle 2 website development is intended to facilitate participation and access between councillors and the community. For some Councils this can simply mean developing their websites to include information about councillors, contact details and useful links. For others it could mean developing more sophisticated forms of e-democracy and online avenues of engagement. Under Principle 4, the response by Councils to website development is expected to be an individual one based on local circumstances.


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Legislative arrangements- Local Government Act 1989 The relevant sections of the Local Government Act 1989 concerned with the reimbursement of expenses and provision of the minimum of resources and facilities support are listed below and detailed at Appendix 1):

- S75 Reimbursement of expenses of Councillors - S75A Reimbursement of expenses of members

of Council Committees. - S75B Councillor reimbursement policy - S75C Resources and facilities for Councillors

Requirement for Council website

- S82A Council must maintain an internet website.


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Principles 1 Councillor conduct principles

Sections 76B and 76B A of the Local Government Act cover Councillor Conduct Principles. Details are included at Appendix 2 and include the requirements for Councillors to: • act honestly and avoid statements whether oral or in

writing or actions that will or are likely to mislead or deceive a person,

• endeavour to ensure that public resources are used prudently and solely in the public interest,

• act lawfully and in accordance with the trust placed in him or her as an elected representative, and

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

2 Encouraging diversity in participation, equity and access Councillors operate in a complex environment and bring unique skills and insights to the role. Diversity in participation and access to local representation contributes to well-informed decision making involving the community. It is important that the Councillor role attracts and retains a wide cross section of people, particularly those from under-represented groups such as women, young people, those with disabilities and those in primary caregiver roles (whether of children, the disabled and the aged/infirm). Councillors need to be accessible to a wide range of constituents and to stay informed about issues in their communities is an important part of the role. Use of the Internet is now essential to facilitate access. Councillors are to be supported in undertaking their duties by assuring that reimbursement of expenses and access to resources support are provided in an equitable manner to cater for the full participation of all Councillors in Council business and with their communities, while also recognising individual needs and circumstances.


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The Councillor role involves attendance at formal Council meetings and participation in community activities. Where these are part of the duties that are in within the scope of s75 (2) of the Act,( i.e. duties performed by a Councillor that are necessary or appropriate for the purposes of achieving the objectives of a Council having regard to any relevant Act, regulations, Ministerial Guidelines or Council policies), all Councillors are entitled to the toolkit of support described above and as allowed to be prescribed under section 75C of the Act.

3 Accountability, transparency and community acceptance In line with section 75B of the Local Government Act 1989 Councils must adopt and maintain a policy in relation to the reimbursement of expenses for Councillors and members of Council committees. Policies are required to cover the types of expenses and prescribed procedures for reimbursement and substantiation (section 75 (1) and (2)). Individual Council policies should, in addition to providing expenses reimbursement, adequately reflect the basic toolkit and toolkit of resources and facilities entitlements available to all Mayors and Councillors. Individual Council policies should be sufficiently flexible and tailored to allow Councils to determine what they can afford to provide for beyond the minimum toolkit and what is acceptable to their communities. The overriding principle to be addressed in the development of a Council expenses reimbursement policy is that the details and range of benefits provided to Councillors by the Council should be clearly stated and be fully transparent and acceptable to the local community. In the interests of accountability and transparency, s 75 B (3) requires that Council policies on expenses reimbursement are required to be available for inspection at Council Offices.


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4. Local flexibility according to complexity, needs and standards It is a basic cost of governance that all Councils should provide for the reimbursement of expenses as stated in this Information Guide and the basic toolkit - regardless of individual circumstances. This Information Guide reflects the minimum standard ‘toolkit’ for the provision of reimbursement of expenses and for the provision of resources and facilities support for all Mayors and Councillors. It is the responsibility of Councils to establish and define an appropriate and reasonable level of provision beyond the minimum that would enable Councillors to effectively carry out their civic role. Provision for support beyond the reimbursement of expenses entitlements and the minimum toolkit needs to recognise the differences between Councils. Differences include levels of complexity of a Council – indicated by its population size and growth and in the financial circumstances of a Council in terms of its revenue base. The local/regional economic and development environment is also important. Levels of complexity are broadly reflected in the three categories of the Victorian Mayoral and Councillor allowances model under Recognition and Support. It is expected that unique individual circumstances and the allowances Category of a Council will have a bearing on the needs of different Councils and this would be reflected in the scale, scope and nature of expenses, resources and facilities support provided over and above the minimum toolkit. Councils may determine their own rates of expenses and provision of resources and facilities support over and above those described in this Information Guide as long as they conform to legislative and statutory requirements, or accepted benchmarks and standards applied in the Sector.


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5 No disadvantage - separation of allowances from

reimbursement of expenses and provision of resources and facilities support

Under section 74B of the Act, Mayoral and Councillor Allowances are

provided separately to reimbursements of expenses and the costs of facilities/resources support. These allowances are further described in Recognition and Support and given effect through the 25 November 2008 Order in Council.

Accordingly, Mayors and Councillors’ allowances must not be used to

subsidise their entitlements and resources and facilities support provided by policy and legislation.

Any provision of other ‘general expenses/allowances’ unrelated to

actual expenses incurred or to annual allowances provided by the Act, and which could be designed to supplement Councillors’ annual allowances entitlements under the Local Government Act 1989 is not permitted.


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Approval arrangements Approval is required for all Councillors undertaking discretionary trips and interstate travel and attendance at conferences. At a minimum the Chief Executive Officer should be the approval authority in accordance with the Council’s predetermined policy. All overseas travel should be by resolution of full Council. The Council’s policy should specify any additional approval arrangements required by the Council.


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Appendix 1: Legislative requirements – expenses reimbursement and facilities/resources support

S75 Reimbursement of expenses of Councillors (1) A Council must reimburse a Councillor for expenses if the

Councillor –

• applies in writing to the Council for reimbursement of expenses; and

• establishes in the application to Council that the expenses

were reasonable bona fide Councillor out-of-pocket expense incurred while performing the duties of a Councillor.

(2) In this section, duties as a Councillor means duties performed

by a Councillor that are necessary or appropriate for the purposes of achieving the objectives of a Council having regard to any relevant Act, regulations, Ministerial guidelines or Council policies.

S75A Reimbursement of expenses of members of Council

Committees. A Council may reimburse members of council committees for necessary out-of-pocket expenses incurred while performing duties as a committee member.


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S75B Councillor reimbursement policy (1) A Council must adopt and maintain a policy in relation to the

reimbursement of expenses for Councillors and members of Council Committees.

(2) A policy adopted by Council under this section must be consistent with- (a) the prescribed types of Councillor out-of-pocket expenses that must

be reimbursed if the expenses are reasonable and bona fide; and (b) the prescribed procedures to be followed by Councils in relation to

the reimbursement of out-of-pocket expenses. (3) A Council must keep a copy of the policy adopted and maintained under

this section available for inspection at the office of the Council

S75C Resources and facilities for Councillors A Council must make available for the Mayor and the Councillors the minimum resources and facilities prescribed for the purposes of section

(Note: Minimum facilities and resources support are prescribed in the policy Recognition and Support, and are described earlier in this document under Policy and legislative arrangements).


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Appendix 2: Legislative requirements – Councillor Conduct Principles 76B Primary principle of Councillor conduct

It is a primary principle of Councillor conduct that, in performing the role of a Councillor, a Councillor must— (a) act with integrity; and (b) impartially exercise his or her responsibilities in the interests of the local

community; and (c) not improperly seek to confer an advantage or disadvantage on any

person. 76BA General Councillor conduct principles

In addition to acting in accordance with the primary principle of Councillor conduct specified in section 76B, in performing the role of a Councillor, a Councillor must— (a) avoid conflicts between his or her public duties as a Councillor and his or

her personal interests and obligations; (b) act honestly and avoid statements (whether oral or in writing) or actions

that will or are likely to mislead or deceive a person; (c) treat all persons with respect and have due regard to the opinions, beliefs,

rights and responsibilities of other Councillors, council officers and other persons;

(d) exercise reasonable care and diligence and submit himself or herself to

the lawful scrutiny that is appropriate to his or her office; (e) endeavour to ensure that public resources are used prudently and solely

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

elected representative; (g) support and promote these principles by leadership and example and act

in a way that secures and preserves public confidence in the office of Councillor.


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Appendix 3: Legislative requirements – Council websites and making available policies on expenses and resources support available for public inspection. 82A Council must maintain an Internet website

(1) A Council must maintain an Internet website.

(2) The Council must ensure that—

(c) a list of documents of the Council that the Council is required to make available for public inspection under this Act, and how a member of the public can examine each document on the list, is published on the Internet website.


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Appendix 3 Current Reimbursement of Councillor expenses policy

POLICY

REIMBURSEMENT OF COUNCILLOR EXPENSES

INTRODUCTION Section 75 of the Local Government Act provides that a Council may reimburse Councillors for necessary out-of-pocket expenses incurred while performing duties as a Councillor.

The Chief Executive Officer will reimburse any expenses which, in the opinion of the Chief Executive Officer, satisfy the criteria in Section 75. The following are examples of expenses which are deemed to satisfy the said criteria, and which will be reimbursed by the Chief Executive Officer:

1. Transport

1.1 Councillors using their private motor vehicle to travel to Council related business, including attendance at meetings, conferences and functions and on site inspections, will be reimbursed petrol/depreciation allowance at the State Government Public Service standard.

1.2 Councillors using transport other than their private motor vehicle to travel to meetings, functions and on site inspections will be reimbursed the cost of such transport.

1.3 If it is more cost efficient or practicable for a Councillor to use a pool car than to claim a reimbursement of transport costs, a pool car may be made available to a Councillor.

2. Child Care / Family Care

2.1. Councillors incurring bona fide child care / family care expenses approved by the Chief Executive Officer or his delegate, will be reimbursed such child care / family care expenses when the child care / family care is necessary in order to allow the Councillor to attend:

• Council meetings and Council related business

• Council functions

• Meetings arising as a result of a Councillor being appointed by the Council to an external body


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3. Conferences/Seminars

3.1. Councillors attending a conference or seminar relevant to Local Government or the role of a Councillor will be reimbursed the cost of registration, meals, parking, travel and accommodation associated with attendance at such conference/seminar.

4. Process for Claiming Reimbursement of Expenses

4.1. Councillors can submit to the Governance and Performance Planning Department at any time, but preferably at least on a quarterly basis an Expense Claim Form seeking reimbursement of expenses pursuant to this Policy.

4.2. The Expense Claim Form must indicate and include:

• details of kilometres travelled on Council business in a private motor vehicle; and

• wherever possible, receipts for any expenses claimed.


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C o u n c i l l o r s ’ G e n e r a l E x p e n s e s C l a i m Councillor....................................................................

Date Nature of Expense Details Amount

Total Expenses

I certify that the above are true and correct Signed ........................................................................ Date Office Use Only Total expenses Claimed $ .................................... Approved Yes/No Chief Executive Officer or Delegate (signed) ...........................................................


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C o u n c i l l o r s ’ C h i l d C a r e E x p e n s e s C l a i m Councillor....................................................................

Date Nature of Business Place of Function Amount

Total Expenses

I certify that the above are true and correct Signed ........................................................................ Date Office Use Only Total expenses Claimed $ .................................... Approved Yes/No Chief Executive Officer or Delegate (signed) ...........................................................


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C o u n c i l l o r s ’ T r a v e l E x p e n s e s C l a i m Councillor.................................................................... Registration Number ................................

Date Nature of Business Place of Function KMs Travelled

Total Kilometres Travelled

I certify that the above are true and correct Signed ........................................................................ Date ....................................... Office Use Only Total km’s travelled ........................................ @ $ ........................................... = $ .................................... Approved Yes/No Chief Executive Officer or Delegate (signed) ...........................................................


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C o u n c i l l o r s ’ C o n f e r e n c e / S e m i n a r E x p e n s e s C l a i m Councillor....................................................................

Date Conference/Seminar *Expenses Amount

Total Expenses

* Please attach receipts I certify that the above are true and correct Signed ........................................................................ Date ........................................ Office Use Only Total expenses Claimed $ .................................... Approved Yes/No Chief Executive Officer or Delegate (signed) ...........................................................

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Policy No Policy Type Council Revision and version

Review Date

Draft Revised Councillor Support and Expenditure Policy 1. PURPOSE & INTENT This policy seeks to define the support to be provided to Councillors and expenditure that may be claimed in performing their duties as elected representatives of the community as prescribed in Section 75 of the Local Government Act. This policy is a specific requirement of Section 75B(1) of the Act and also serves to provide clear expectations in relation to support and expenses available to Councillors. It seeks to ensure accountability and transparency in relation to expenses claimable by Councillors and meet the minimum requirements provided for in Guidelines on the reimbursement of expenses and provision of facilities and resources support for Mayors and Councillors as provided by the Minister for Local Government. The policy establishes the basis on which Councillors will be reimbursed for expenses in relation to their role as Councillor, the support provide to Councillors and levels of reimbursement which may be claimed by Councillors. 2. SCOPE Applies to Councillors in relation to support and expenditure 3. DEFINITIONS 4. RESPONSIBLE EXECUTIVE CEO 5. CONTACT OFFICER Manager Governance and Performance Planning 6. RELATED DOCUMENTS Local Government Act 1989 sections 74 through 75C Recognition and Support 2008 Victorian Local Government Policy Statement on Local Government mayoral and Councillor allowances and Resources April 2008

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Local Government (Councillor Remuneration Review) Panel Report January 2008 Appendix 2 – guidelines for the reimbursement of expenses and resources and facilities support for Victorian Mayors and Councillors Councillor Code of Conduct Caretaker policy 7. DELEGATION AUTHORITY Manager Governance and Performance Planning, Team Leader Council Business 8. POLICY STATEMENT The purpose of this policy is to ensure that appropriate support and reimbursements are available to assists Councillors undertake their responsibilities. The fundamental test to be applied in determining whether or not a Councillor Expense is appropriately incurred is whether it is necessary because, or subsequent to the exercise of Council duties. 9. PROCEDURES

9.1. Councillor and Mayoral Allowances

9.1.1. Section 74 of the Local Government Act allows for the Governor in Council to set allowances for Councillors and Mayors. This sets an upper and lower limit to provide flexibility for Council to set a fee appropriate to the municipality. The order allows for separate mayoral allowance.

9.1.2. All allowances are paid quarterly in advance. 9.1.3. a Councillor does not have to receive an allowance where they chose

not to. 9.1.4. Any personal taxation implications from the receipt of allowances are

the responsibility of individual Councillors 9.2. Facilities and Support In order to perform duties and functions as a Councillor the following are offered.

9.2.1. Home/Workplace facilities Each Councillor is entitled to the following facilities: • Computer with Email and internet Access • A combined fax printer • Separate fax line • Mobile phone • Stationary including business cards, name badges. Any equipment or resources remain the property of Council and must be returned on the expiration of a Councillors term in office. 9.2.2. Councillor Room A Councillor room is provided in the Cheltenham office for use by Councillors in the conduct of their duties of office.

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This includes separate work areas with access to computer equipment, Council Library including copies of major strategies and studies. Councillor in trays are provided in the Councillor room. Any contents are cleared and Couriered to the Councillors homes each Thursday or Friday evening. 9.2.3. Access Cards Each Councillor will be provided with an access card to the Cheltenham offices on a 24 hour, 7 day a week basis.

9.3. Facilities and Support for the Mayor 9.3.1. Mayoral Vehicle A fully maintained vehicle will be provided to the Mayor to assist carry out Mayoral duties during the mayoral term. 9.3.2. Office Space A fully equipped office will be provided to the Mayor including computer, phone and access to fax machine. 9.3.3. Secretarial Support An appropriate level of secretarial support will be provided to assist the mayor in undertaking the role effectively. The level of support will be determined by the CEO in consultation with the Mayor.

9.4. Insurance In line with section 76A of the Local Government Act, Council is required to take out appropriate public liability and public indemnity insurance for the Mayor and Councillors. This insurance does not cover criminal or wilful acts. 9.5. Legal Expenses Other than by specific Council resolution any personal legal expenses incurred by a Councillor shall be the responsibility of that Councillor. 9.6. Councillors with Disabilities Council may resolve to provide reasonable additional civic support, facilities and equipment for any Councillor with a disability, to enable that Councillor to freely perform their duties. 9.7. Child Care Expenses Councillors incurring bona fide child care / family care expenses approved by the Chief Executive Officer or his delegate, will be reimbursed such child care / family care expenses when the child care / family care is necessary in order to allow the Councillor to attend: • Council meetings and Council related business. • Council functions. • Meetings arising as a result of a Councillor being appointed by the Council to

an external body. 9.8. Training and Education Councillors attending a conference, seminar or training relevant to Local Government or the role of a Councillor will be reimbursed the cost of registration, meals, parking, travel and accommodation associated with attendance at such conference/seminar.

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9.9. Communication Expenses Communication expenses may be incurred by Councillors in relation to the performance of their civic duties. Councillors are provided a land line and offered a Council mobile phone.

9.9.1. Private Telephones Councillors may seek reimbursement of expenses incurred using their private telephones for all Council business related calls where such calls are clearly identifiable on itemized accounts. A Councillor may chose to have their private bill to Council or opt for a Council supplied SIM card in which case bills will be managed in accordance with 9.9.2 Council provided telephones. 9.9.2. Council provided telephones Council provided phones will be reimbursed up to the first $120 without requirement to itemize bills. Where substantial private use is occurring, the onus is on the Councillor to advise where the overall bill is under $120. Bills over $120 will require Councillors to itemize all business calls and provide payment to Council for personal calls beyond incidental use. 9.9.3. Car Kits Appropriate hands free devices will be supplied where requested by a Councillor.

9.10. Travel Expenses 9.10.1. Councillors using their private motor vehicle to travel to Council

related business, including attendance at meetings, conferences and functions and on site inspections, will be reimbursed petrol/depreciation allowance at the State Government Public Service standard.

9.10.2. Councillors using transport other than their private motor vehicle to travel to meetings, functions and on site inspections will be reimbursed the cost of such transport.

9.10.3. If it is more cost efficient or practicable for a Councillor to use a pool car than to claim a reimbursement of transport costs, a pool car may be made available to a Councillor.

9.10.4. Cabcharge Vouchers/card may be requested for use on Council Business where access to other transport options is not available.

9.10.5. Councillors will not be reimbursed for any infringement incurred for road, traffic or parking violations

9.11. Overseas Travel Overseas travel is only to be arranged as a result of Council resolution. All expenses relating to travel, accommodation, meals and necessary entertainment will be reimbursed. 9.12. Incidental Private Use of Council resources

9.12.1. It is noted that incidental use of Council resources and facilities may occur from time to time however this should be kept to a minimum.

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9.12.2. Incidental private use is not subject to a compensatory payment from the Councillor.

GST When Council procures goods and services it will normally pay GST. The Council must receive a tax invoice from the supplier to enable it to claim input tax credits for any GST payable. It is therefore important to obtain a tax invoice for any expenses incurred.

Approval Process When a Councillor requires reimbursement of monies, the following procedures should be followed

• Obtain a relevant receipt or supporting documentation for the expenditure • Complete a Councillor Expense Claim Form. • For reimbursement of private vehicle travel costs, complete a Councillors Travel

Expenses Claim Form. • Completed forms should be forwarded to Governance and Performance Planning

department for approval • In an election year, Councillors’ should seek to ensure all expenses are up to date

prior to the election, and only regular monthly bills such as mobile phone or expenses incurred in the month prior to the election are outstanding.

• Expenses claimed outside three months of being incurred will not be considered. 10. DECISION GUIDELINES Any expenditure outside the above policy requires CEO approval prior to being incurred. 11. TRANSITION/TRANSLATION ARRANGEMENTS Replaces the Reimbursement of Councillor expenses policy immediately on adoption.


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L 72 Proposed Sewerage Easement Thompson Road Reserve Approved by: Paul Franklin, General Manager Corporate Services Author: Newton Gatoff, Team Leader Property Services 1. Purpose This report to Councillors seeks approval for Officers to proceed to issue a sewerage easement over Council land in favour of South East Water. 2. Background Council is currently creating a new library and an extension to the community centre at Patterson Lakes. Work commenced on site during September 2008 and is programmed to reach completion during late July 2009. During the construction of the new car park area, a sewer inspection cover was exposed within an area of open space, which was not identified on any existing service information for the site. Subsequent investigations identified that the sewer was created during the construction of the adjoining retirement village and was transferred to the Council along with the reserve as open space. The sewer was never formally identified on any documentation approved by the Council and has effectively occupied the Council’s land informally since the land came under the control of the Council during the 1980’s. In order to regularise the situation, South East Water have now requested permission to undertake minor improvement work to the sewer prior to them formally adopting it as an asset within an easement proposed to be created across the Council land. Officers have worked with S E Water to ensure that the proposed sewer improvement work integrates with the improvements being undertaken at the community centre. 3. Issues • The Sewer was located upon the land when the land was transferred to Council

ownership, however it was not identified on plans. • The land is a recreation reserve and therefore will not be required for future building

development. • To establish the Easement, South East water will be required to apply to Council for

certification of application and for a planning permit. They will also be required to draft a plan of creation of easement.

• All costs to establish the easement will be met by South East Water. • The Easement will not adversely impact on the use of the land as open space.


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4. Triple Bottom Line Checklist • Environmental – A sewerage easement upon a recreation reserve is an appropriate

use for the land and will be maintained appropriately by the sewerage authority. • Social - N/A • Financial – S E Water have agreed to meet Councils legal costs in establishing the

easement and since the sewer was in-situ when Council took title to the land, no financial compensation for the easement should be required.

5. Recommendation That Council authorises General Manager Corporate Services to agree to the certification of a drainage easement in favour of South East Water at the Thompson Road Reserve as indicated on the attached plan. Attachment: Proposed Plan of Easement 09/35047 Crs Brownlees/Shewan That the recommendation be adopted.

Carried


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Attachment 1


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L 73 Land Line and Mobile Phones Tender Approved by: Paul Franklin, General Manager Corporate Services Author: Duncan Kelly, Manager Information Services 1. Purpose The report details the outcomes of Contract 08/101 – Land Lines and Mobile Phones Tender. The report presents the recommendation of the tender evaluation committee of:

• Duncan Kelly, Manager Information Services • Kevin Chan, Team Leader Infrastructure • Shane Strong, Barry Reichelt Telecommunications Consulting Services Pty Ltd The report requests the approval to award Telstra Corporation Limited the contract.

2. Background Council currently has a two year Land Line and Mobile Phones contract with Telstra Corporation Limited which has now expired and a new contract needs to be established. Prices were sought by Advertised Public Tender. Tenders closed on Thursday 15 January 2009, at 2:00pm. Tenders were received from: 1. Telstra Corporation Limited 2. Optus Networks Pty Ltd All responses received conformed to the tender specification. The tenders were independently scored by Shane Strong and Duncan Kelly in accordance with the tender requirements and in both cases Telstra Corporation Limited were selected as the chosen provider. The selection process also involved a meeting with each tenderer where they were asked to clarify a number of details (including costs) relating to their submission. For details on the Cost Comparisons please refer to the Confidential Attachment. Detailed below are the tender scores of each tenderer in accordance with the Tender Specification.


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Telstra Optus Financial Viability Pass/Fail Pass Pass Price 50 50 47.98 Capability Industry experience Site references Customer emphasis Account Management Innovations OHS

10 10 10

Conformance to Service Provisions

30 29 28

Capacity Implementation capability Ongoing Support / Help Desk Facilities Fault Rectification Processes Service Level Agreements Reference Checking Demonstrated Local Government Experience

10 10 10

Total 100 99 95.98 The maximum score of 50 for price was obtained by the vendor who offered the best pricing, the scores for the subsequent vendors on price were based on a percentage of these. 3. Issues As Telstra Corporation Limited is the current provider and there is no foreseen issues with the awarding of this contract. 4. Triple Bottom Line Checklist

• Environmental – Not Applicable. • Social – Not Applicable. • Financial – Both tenderers who responded offered savings on the existing Telstra

Corporation Limited contract. Comparative tendered prices are based on a Schedule of Rates and are to be found in the Confidential Attachment.


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5. Recommendation That Council resolve to: 1. Award Land Lines and Mobile Phones Contract 08/101 to Telstra Corporation

Limited at an estimated annual sum of $455,607 (inc GST). 2. Authorise the CEO or delegate to execute the contract and to exercise a one year

extension subject to satisfactory performance.

Attachments: Confidential Attachment: Cost Comparison Crs Ronke/Staikos That the recommendation be adopted.

Carried


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L 74 Possible Sale of Land 40 Redwood Drive Dingley Village

Approved by: Paul Franklin, General Manager Corporate Services Author: Julian Harvey, Manager Property Services 1. Purpose The purpose of this report is recommend that Council approves the sale of part of Council’s land at 40 Redwood Drive, Dingley Village, following an unsolicited approach from the owner of 32 Redwood Drive. 2. Background Council officers have been approached by the owners of 32 Redwood Drive, Dingley Village to ascertain Council’s preparedness to sell all or part of 40 Redwood Drive. The adjoining owners operate Mitchell Laminates and use 32 Redwood Drive as their National headquarters and primary distribution depot. 40 Redwood Drive is a Council owned parcel of land that is reserved for municipal purposes. Redwood Drive is part of an industrial estate that was developed in the eighties, the land was set aside at that time for municipal purposes and was subsequently grassed and limited improvements undertaken including the installation of timber picnic benches and some plantings. The purpose of the land appears to be to provide a green place of resort for the workers in the estate. The adjoining owners, who overlook the land, report that the site is used only rarely by workers.

Location Plan The land comprises 4000m2 and is contained within an Industrial 1 zone. There is a 3 metre wide easement to the southern boundary of the site. The land has an extensive frontage to Redwood Drive of 117.97 metres and is surrounded by industrial land uses.


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TITLE

An onsite meeting was arranged to explore the merits of the proposal put forward by the adjoining owner on a without prejudice basis. At this meeting the operation of Mitchell Laminates was explained and the reasons for the approach to Council discussed. The continued expansion of their business has placed pressure on their current accommodation and a purchase of part or all of Council’s adjoining land would provide needed land to expand onto. The adjoining owners ideally would like to pursue the partial purchase of the land to enable them to expand their warehousing capacity in the western portion of the land and provide additional car parking to the front of their facility. Initial discussions on site indicates an area of approximately 25m in width is sought however further detail design would be required prior to finalising the dimensions of the land requested. Officers explained the approvals process and the requirements of the Local Government Act 1989 (the Act)and stressed that should a transaction result it would need to be publicly advertised and be at market value. A further meeting was undertaken on site 23 September 2008 with the Ward Councillor to enable the proponents to outline their proposal to their then Ward Councillor. Officers subsequently requested a detailed proposal from the adjoining owner to assist future decision making. The adjoining owner has now provided two options for consideration (refer attachments 1 & 2).


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OPTION 1 Proposes the sale of 2340m2 and the retention by Council of 1660m2. OPTION 2 Proposes the sale of 2840m2 and the retention by Council of 1160m2. In both cases the retention of part of the site provides open space for the use of workers in the estate. 3. Issues Open Space The Open Space Strategy does not cover the industrial areas of the municipality understandably the focus on open space provision for the city has been on residential areas. The use to which open space is put in industrial areas differs to that to which it is put in residential areas. It is important to provide workers with areas that can be accessed for retreat for activities such as eating lunch or enjoying a short break. The provision of large open spaces that are desirable in residential areas is not necessarily appropriate in an industrial setting. The workers in the area should be provided with spaces for retreat but not large suburban park type spaces. The needs of workers are different to those of families and residents. Whilst the property provides the opportunity for a place of retreat there appears to be only limited use of the site for this purpose. The adjoining estate to the north “Redwood Gardens” has been developed with ample areas of passive space. Reservation The land is reserved for municipal purposes and if the property is to be sold that reserve status will need to be removed through a planning permit. The intent of the reservation is not known however it is appears reasonable to direct any sale proceeds from a sale to the Open Space Reserve to fund required open space purchases in areas devoid or deficient in open space. Where possible priority should be given to the purchase of land where a land asset has been sold. This practice will aid future generations to continue to have land available for recreational purposes. The conversion of land into other classes of asset such as buildings or landscape, whilst resolving immediate community needs, produces a depreciating asset that will need to be replaced in the future. Sale Options A sale of the property could be conducted on market or off market with the adjoining property owner. It is likely that the adjoining owner will pay a premium for the land as compared with any other prospective purchaser due to the business advantage access to the land would provide. If an off market transaction were proposed then a valuation would be prepared and an asking price set at or above that figure for acceptance by the adjoining owner. Documentation would be executed by the prospective purchaser and then a public process undertaken by Council to receive feedback on any proposal to pursue a sale of the land.


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If an on market transaction was pursued then the property would be offered up at Auction subject to a reserve price after having been approved for sale in accordance with Section 189 of the Act. 4. Options Not sell Council could choose to not pursue a sale. If this is proposed a plan for the site should be considered for development and capital set aside in a future budget process to better develop the land as functional open space. Sell part A portion of the site could be retained as open space and the remainder sold. If this option were pursued part of the sale proceeds should be directed to improving the amenity of the land to be retained as well as being retained for future land purchases for open space/recreational requirements. Sell All The whole of the site could be sold and funds allocated to the Open Space Reserve. Purchase of new space The purchase of land in other areas of the municipality that are devoid or deficient in open space provision should be a priority for funds generated from the sale of land in areas where open space requirements are lower. 5. Summary and Conclusion Officers recommend the adoption of Option 2 i.e. a sale of part of the site being approximately 2,840m2 to the adjoining owner, Mitchell Laminates thereby enabling Council to redress open space deficiencies in other areas of the municipality. 6. Recommendation That Council resolves: 1. Officers to commence processes under sections 189 and 223 of the Local

Government Act 1989 for the sale of the land to Mitchell Laminates.

2. Community consultation be undertaken in accordance with section 189 and the consultation plan attached at Appendix 1 (to be tabled Monday night).

3. The consideration of the sale, if pursued, be set at no less than market value of the land as set by Council’s valuer, and the purchaser be required to undertake improvements to the remaining reserve.

4. That any funds resulting be allocated to the Open Space Reserve.

5. A planning permit application be prepared for the removal of the reservation status and subdivision of the site.


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6. A Committee of Council be established pursuant to section 223 of the Act to hear/consider any submissions received comprising Cr xxxxxx, Paul Franklin, General Manager Corporate Services and Julian Harvey, Manager Property Services.

7. That in the event of no submissions being received, the Chief Executive Officer or delegate be authorised to enter into a contract of sale for the land conditional upon the issuing of a planning permit removing the reservation status and issue of new title and other terms and conditions to the satisfaction of Council’s legal advisor.

Attachments x 3 Crs Staikos/West That Council resolves to defer this proposal for 60 days for further consideration by Council.

Carried


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13. Notice of Motion L 76 Notice of Motion Cr Peulich: Completion of all stages of the Dingley

Bypass Dingley Bypass a) That the Kingston Council re-affirm its support for the completion of all stages of

the Dingley Bypass especially all yellow sections which mark sections which have not been completed as per the map below (from Wikipedia) which set out the original routes;

b) That the Council strongly advocate for the funding and completion of the

incomplete stages of the Dingley Bypass including section 4 which falls within the Kingston Council’s boundaries being the link between the South Road Extension and Westall Road; and

c) That the council form a committee comprised of community stakeholders to

develop and steer the campaign to lobby for the completion of all sections of the Dingley By Pass

Signed Cr Paul Peulich Crs Staikos/Shewan That the Council defer consideration of this matter until Councillor discussion has occurred.

Carried


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A division was called For Against Mayor Cr Athanasopoulos Cr Brownlees Cr Dundas Cr Peulich Cr Ronke Cr Shewan Cr Staikos Cr West The Motion was Carried.


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L 77 Notice of Motion Cr Peulich: State Government’s By-pass of Planning

Laws to fast track affordable, social housing projects State Government’s By-pass of Planning Laws to fast track affordable, social housing projects That the Kingston Council: 1. Condemns the decision by the Minister for Planning to By-pass local councils as

statutory planning authorities for the purpose of fast tracking affordable, social housing projects funded through the Federal Government and expresses the most serious concerns at the State Government’s decision to by-pass the processes which protect the rights of individuals to object and to exercise 3rd party appeal rights to VCAT;

2. That the Council immediately writes to the Premier, the Prime Minister, the

Minister for Planning and all local MPs State and Federal, the MAV and the VLGA objecting to this erosion of the democratic process and urging for the reinstatement of due process in the consideration of planning applications for affordable social housing;

3. That all Council dealings in relation to any project which is the subject of these fast

tracking arrangements as outlined by Minister Justin Madden be clearly identified from the onset and all decisions be taken in an open Council forum, with community input sought and relayed to the Minister for Planning and all local MPs State and Federal; and

4. That Council officers, bound by the Local Government Act are obliged to act

impartially and provide sound advice in the best interests of the Kingston community, ensure that in any dealings on the matter of fast tracked projects be scrutinised through good design principles and strategies relevant to Kingston.

Signed Cr Paul Peulich Motion: Crs Peulich/Brownlees That the motion be adopted. Extension of time: Crs Staikos/Brownlees That the meeting be extended until 10.30pm.

Carried


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Formal Motion: Crs West/Dundas That the Council adjourn consideration of this matter. The formal motion was put and carried. A division was called For Against Mayor Cr Athanasopoulos Cr Brownlees Cr Dundas Cr Peulich Cr Ronke Cr Shewan Cr Staikos Cr West The Motion was Carried.


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14. Urgent Business Cr Peulich moved that the issue of having no more than two rep9orts on strategies come before an Ordinary Council Meeting at a time for debate, meets the criteria for consideration as an item of urge4nt Business. The motion lapsed for want of a seconder. 15. Items in Camera L 75 Proposed Rent for Clayton Bowls Club Item L 75 Proposed Rent for Clayton Bowls Club, was deemed to be a confidential item in accordance with section 89(2) (h) of the Local Government Act 1989, as it was considered that the matter, if released, would prejudice the Council or any person, and, accordingly, the meeting was closed to members of the public for its consideration. Crs Staikos/Ronke That in accordance with the provisions of section 89(2)(h) of the Local Government Act 1989, the meeting be closed to members of the public for the consideration of agenda item L 75, Proposed Rent for Clayton Bowls Club, as it contains information, which, if disclosed, would prejudice the Council or any person.

Carried The meeting was closed to members of the public at 10.13pm. The meeting was re-opened to members of the public at 11.07pm. The meeting closed at 11.07pm. Confirmed …………….………….……….. His Worship, The Mayor 29 June 2009.

city of kingston ordinary council meeting minutes 25 may 2009 · in presenting a framed certificate...

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