knox city council · 2012-01-31 · reduction in the car parking rates and alteration to the ......

KNOX CITY COUNCIL MINUTES

Ordinary Meeting of Council

Held at the Civic Centre

511 Burwood Highway Wantirna South

On

Tuesday 24 January 2012

KNOX CITY COUNCIL

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

ON TUESDAY 24 JANUARY 2012 AT 7.01 PM

PRESENT:

Cr A Gill (Mayor & Chairperson) Dinsdale Ward Cr P Cole Baird Ward Cr J Mortimore Chandler Ward Cr J Cossari Collier Ward Cr S McMillan Dobson Ward Cr A Walter Friberg Ward Cr D Cooper Scott Ward Cr D Pearce Taylor Ward Mr G Emonson Chief Executive Officer Mr D Yeouart Acting Director – Engineering &

Infrastructure Mr A Kourambas Director - City Development Ms K Ellis Acting Director – Corporate Development Mr D Blair Acting Director – Community Services Ms C Bruce Acting Manager - Governance

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

“Knox City Council acknowledges we are on the

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

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

Councillor Van de Vreede

Councillor Cossari sought Leave of Absence from Council for the period from 12 February to 28 February 2012.

COUNCIL RESOLUTION MOVED: CR. WALTER SECONDED: CR. MORTIMORE That Councillor Cossari be granted Leave of Absence for the period of 12 February to 28 February 2012. CARRIED

2. DECLARATIONS OF CONFLICT OF INTEREST Nil. 3. CONFIRMATION OF MINUTES

MOVED: CR. COSSARI SECONDED: CR. COOPER 3.1 Confirmation of Minutes of Statutory Meeting of Council held on

Wednesday 7 December 2011. CARRIED MOVED: CR. McMILLAN SECONDED: CR. COOPER 3.2 Confirmation of Minutes of Ordinary Meeting of Council

Meeting held on Tuesday 13 December 2011. CARRIED

4. PETITIONS AND MEMORIALS 4.1 Councillor Gill advised of the recent passing of Mr John Williams.

Councillor Gill acknowledged Mr Williams’ tireless efforts in the community. Mr Williams was the recipient of Council’s 2007 Volunteer of the Year Award. Councillor Gill extended condolences on behalf of Council to Mr Williams’ family at this difficult time.

COUNCIL 24 January 2012 5. REPORTS BY COUNCILLORS

5.1

Committees & Delegates

1.

5.2

Ward Issues

3.

6. CONSIDERING AND ORDERING UPON OFFICERS’ REPORTS WITHIN THE

CITY DEVELOPMENT GROUP

6.1

All Wards Report Of Planning Applications Decided Under Delegation (160/1/06)

4.

6.2

Scott Ward Application To Develop The Land For Staged Construction Of An Eight (8) And Nine (9) Storey Mixed Use Development, Reduction In The Car Parking Rates And Alteration To The Access Of A Category 1 Road At 400-408 Burwood Highway, Wantirna South, Melway Ref. 63 J11 (Application No. P2011/6477)

10.

6.3

Scott Ward Application To Develop The Land For Sixteen (16) Dwellings And Removal Of Vegetation At 123 Cathies Lane, Wantirna South, Melway Ref. 63 E12 (Application No. P/2011/6641)

60.

6.4

Tirhatuan Ward Application To Develop The Land For A Three Storey Apartment Building Containing 28 Dwellings, Associated Car Parking And Creation Of Access To A Category 1 Road At 1084-1086 Stud Road, Rowville (Application No. P/2011/6040)

95.

6.5

All Wards Defining Affordable Housing And A Minimum Supply Of Social Housing For Knox

136.

7. PUBLIC QUESTION TIME (Following the completion of business relating to Item 6, City Development, the business before the Council Meeting will be deferred to consider questions submitted by the public). 152. 8. CONSIDERING AND ORDERING UPON OFFICERS’ REPORTS WITHIN THE

ENGINEERING & INFRASTRUCTURE GROUP

8.1

Taylor Ward Proposal For Street Construction - Results Of Resident Survey, Cornish Road, Lysterfield

157.

8.2

All Wards Progress Report On Implementation Of Asset Management

165.

COUNCIL 24 January 2012 9. CONSIDERING AND ORDERING UPON OFFICERS’ REPORTS WITHIN THE

COMMUNITY SERVICES GROUP

9.1

All Wards Hybrid Powered Vehicle Community Event

179.

9.2

All Wards Community Health And Wellbeing Strategy 2009-2013 And Community Health And Wellbeing Reference Group – Annual Update

185.

10. CONSIDERING AND ORDERING UPON OFFICERS’ REPORTS WITHIN THE

CORPORATE DEVELOPMENT GROUP

10.1

All Wards Amendment To 2011-12 Budget Schedule – Fees And Charges For Child Care Services

199.

10.2

All Wards Land Under Roads

203.

10.3

All Wards Review Of Governance Policies

209.

10.4

All Wards Loan Borrowing & Return On Investment Policy

221.

10.5

All Wards Fraud Policy

229.

10.6

All Wards Policies Requiring Audit Committee Endorsement

244.

10.7

All Wards Audit Committee – Appointment Of Independent Member

248.

11. ITEMS FOR INFORMATION

11.1

All Wards Assemblies of Councillors

252.

12. MOTIONS FOR WHICH NOTICE HAS PREVIOUSLY BEEN GIVEN 263. 13. SUPPLEMENTARY ITEMS 263.

COUNCIL 24 January 2012 14. URGENT BUSINESS 263. 14.1 Urgent Business 263. 14.2 Call Up Items 263. 15. QUESTIONS WITHOUT NOTICE 263. GRAEME EMONSON CHIEF EXECUTIVE OFFICER

1 COUNCIL - REPORTS BY COUNCILLORS 24 January 2012

5. REPORTS BY COUNCILLORS

5.1 Committees & Delegates 5.1.1 COUNCILLOR PEARCE Councillor Pearce attended the following Meetings

• Knox Central Advisory Committee (x 2) • Nick Wakeling Member of Legislative Assembly for Ferntree Gully • Urban Growth Boundary & Mountain Gate & Stud Park Major Activity

Centres 5.1.2 COUNCILLOR McMILLAN Councillor McMillan attended the following Meetings

• Knox Youth Council • Environment Advisory Committee • St Paul’s Anglican Church Community Dinner • Carrington Primary School Award Presentation • Legacy Australia • Ferntree Gully Salvation Army (x 2) • Knox Central Advisory Committee • Ferntree Gully Rotary Club • Nick Wakeling Member of Legislative Assembly for Ferntree Gully • Healthy Ageing Advisory Committee • Australia Day Awards Committee 5.1.3 COUNCILLOR COOPER Councillor Cooper attended the following Meetings

• Knox Central Advisory Committee (x 2) • Knox Community Sports Centre Management Committee • Knox Football Club


5.1 Committees & Delegates (cont’d)

5.1.4 COUNCILLOR MORTIMORE Councillor Mortimore attended the following Meetings

• The Basin Community House Christmas Function • Submissions Hearing – 391-395 Forest Road, The Basin • Environment Advisory Committee • The Basin Community Hub Partnership Project • Nick Wakeling Member of Legislative Assembly for Ferntree Gully (x 2) • Bicycle and Pedestrian Advisory Committee • Knox Youth Council • Inter Council Aboriginal Consultative Committee 5.1.5 COUNCILLOR COSSARI Councillor Cossari attended the following Meetings

• Submissions Hearing – 391-395 Forest Road, The Basin • Knox Central Advisory Committee • Regency Park Primary School Award Presentation 5.1.6 COUNCILLOR GILL (MAYOR) Councillor Gill attended the following Meetings

• Knox Youth Council (x 2) • Honourable David Davis, Minister for Health, Member of Legislative

Council for Southern Metropolitan • Wantirna Rotary Club Christmas Carols • Nick Wakeling Member of Legislative Assembly for Ferntree Gully • Ferntree Gully Library – Presentation of Summer Reading Challenge

Certificates • Celebration of Opening of Shree Swaminarayan Temple


5.2 Ward Issues 5.2.1 COUNCILLOR PEARCE (TAYLOR WARD)

• Councillor Pearce raised an i ssue c oncern on behal f of r esidents at t he

rear of the Wellington Village Shopping Centre who are experiencing noise issues w ith del ivery t imes, s taff par king and the shopping centre management. R esidents al so hi ghlighted t heir concern about Raeburn Road being used as a s peedway and r equested s ome f orm of t raffic management devices to be installed.

5.2.2 COUNCILLOR MORTIMORE (CHANDLER WARD) • Councillor Mortimore advised that some of the speed devices in Beresford

Road Boronia have recently been damaged by fire. 5.2.3 COUNCILLOR COSSARI (COLLIER WARD) • Councillor C ossari r aised an i ssue of c oncern on behalf of a resident

requesting a sign for Ainsbury Avenue, Boronia. • Councillor Cossari raised an issue of c oncern on behal f of r esidents i n

relation to speeding on Templeton Road.

• Councillor Cossari raised an issue of c oncern on behal f of a r esident i n relation to a broken concrete manhole at the corner of Boronia Road and Minster Avenue Boronia.

5.2.4 COUNCILLOR WALTER (FRIBERG WARD) • Councillor Walter highlighted that there is an i ncreased number of snakes

entering properties in the Rowville area.

5.2.5 COUNCILLOR GILL (DINSDALE WARD) • Councillor Gill advised Council that he had been r equested to become an

Ambassador for the “Year of R eading”. C ouncillor G ill adv ised t hat he would be pr omoting or al s torey t elling, publ ic l ibraries and ai ming t o increase the literacy skills of Australians.

4 COUNCIL – CITY DEVELOPMENT 24 January 2012

ALL WARDS

6.1 REPORT OF PLANNING APPLICATIONS DECIDED UNDER DELEGATION

SUMMARY: Manager – City Planning (Paul Dickie)

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

RECOMMENDATION

That the planning applications decided under delegation report (between 1 December to 31 December 2011) be noted.

REPORT Details of planning applications decided under delegation from 1 December to 31 D ecember 2011 ar e at tached. The appl ications ar e summarised as follows:

Application Type No Building Extensions: Residential Other

7 5

Units 23 Amendment to Rowville/Lysterfield Development Plan (DPO3) 1 Tree Removal/Pruning 11 Subdivision 20 Sign 5 Boundary Re-alignment 2 Temporary Inflatable Advertising Balloon 1 Fourteen external flues 1 Variation of Covenant 1 Fence 1 Liquor Licence 1 Tavern 1

TOTAL 80

COUNCIL RESOLUTION MOVED: CR. MORTIMORE SECONDED: CR. WALTER

That t he pl anning appl ications dec ided under delegation report (between 1 December to 31 December 2011) be noted. CARRIED


Knox City Council Planning Applications Decided by Responsible Officer

1 December 2011 to 31 December 2011

Ward No/ Type Address Description Decision:

Baird 2011/6885 20 Tulip Crescent BORONIA VIC 3155

The subdivision into three (3) lots, two stages (approved development site)

21/12/2011 Approved

Baird 2011/6883 7 Mossfield Avenue FERNTREE GULLY VIC 3156

The subdivision of the land into five (5) lots (approved development site)

22/12/2011 Approved

Baird 2011/6619 9 Jordan Court BORONIA VIC 3155

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

23/12/2011 Notice of Decision

Baird 2011/6822 270 Boronia Road BORONIA VIC 3155

The subdivision of the land into four (4) lots (approved development site)

12/12/2011 Approved

Baird 2011/6862 3 Pinnacle Avenue FERNTREE GULLY VIC 3156

The subdivision of the land into three (3) lots (approved unit development)

22/12/2011 Approved

Baird 2011/6699 1st Floor Off 2/241 Dorset Road BORONIA VIC 3155

Use of Premises for Tavern (Sports Bar) and Liquor Licence

20/12/2011 Approved

Baird 2011/6593 101 Scoresby Road BAYSWATER VIC 3153

The subdivision of the land into six (6) lots (approved development site)

1/12/2011 Approved

Baird 2011/6442 27 Rowson Street BORONIA VIC 3155

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

13/12/2011 Approved

Baird 2011/6431 48 Tulip Crescent BORONIA VIC 3155

Development of three (3) new dwellings, consisting of one (1) single storey and two (2) double storey dwellings


Baird 2011/6598 4 Stephen Road FERNTREE GULLY VIC 3156

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

16/12/2011 Approved

Baird 2011/6316 169 Scoresby Road BORONIA VIC 3155

The construction of three (3) double storey dwellings on the land and alteration to access to a road in Road Zone Category 1.

12/12/2011 Approved

Baird 2011/6449 55 Power Road BAYSWATER VIC 3153

Buildings and Works (Extension to Factory) and car parking dispensation

14/12/2011 Approved

Baird 2011/6739 22 Streeton Road BAYSWATER VIC 3153

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


Baird 2011/6947 14 Wells Avenue BORONIA VIC 3155

The habitat pruning of one (1) Eucalyptus viminalis

1/12/2011 Approved

Baird 2011/6845 46-48 Corporate Boulevard BAYSWATER VIC 3153

Buildings & Works - Loading Dock

2/12/2011 Approved

Chandler 2011/6856 42 Philippa Road BORONIA VIC 3155 Buildings and Works (Garage) 22/12/2011

Approved

Chandler 2011/6958 39 Landscape Drive BORONIA VIC 3155

The removal of four Eucalyptus obliqua trees

12/12/2011 Approved



Chandler 2011/6324 16 Albert Avenue BORONIA VIC 3155

The construction of two single storey dwellings to the rear of the existing dwelling

13/12/2011 Refused

Chandler 2011/6630 958 Mountain Highway BORONIA VIC 3155


22/12/2011 Approved

Chandler 2011/6954 14 Rosella Avenue BORONIA VIC 3155

The pruning one Eucalyptus radiata

12/12/2011 Approved

Chandler 2011/6942 9 & 11 Janet Street BORONIA VIC 3155

Boundary re-alignment (approved unit site)

12/12/2011 Approved


Removal of one Eucalyptus cephalocarpa

8/12/2011 Approved

Chandler 2011/6632 92 Stewart Street BORONIA VIC 3155

Development of the land for a second dwelling to the rear of the existing dwelling

23/12/2011 Refused

Chandler 2011/6920 11 Mercia Avenue THE BASIN VIC 3154 Extension to existing dwelling 19/12/2011

Approved

Chandler 2011/6962 13 Vaughan Road FERNTREE GULLY VIC 3156

Pruning of ten trees and the removal of two (2) trees (Eucalyptus radiata & Arecastrum romanzoffianum).

14/12/2011 Approved


The subdivision of the land into two (2) lots (approved development site)

15/12/2011 Approved

Chandler 2011/6516 23 Waratah Avenue THE BASIN VIC 3154

The construction of a single storey dwelling to rear of the existing dwelling and the removal of native vegetation




1/12/2011 Approved

Chandler 2011/6797 2 Bennett Street BORONIA VIC 3155

The subdivision of land into two lots (approved development site)

2/12/2011 Approved

Collier 2011/6479 3 Dalpura Drive BAYSWATER VIC 3153

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

23/12/2011 Approved

Collier 2011/6833 18 Bateman Street WANTIRNA VIC 3152


13/12/2011 Approved

Collier 2011/6491 315 Wantirna Road WANTIRNA VIC 3152

The subdivision of the land into Twenty seven (27) lots (approved development site)

16/12/2011 Approved

Collier 2011/6849 28 Greenock Crescent WANTIRNA VIC 3152

The subdivision of the land into two lots (approved development site)

14/12/2011 Approved

Collier 2011/6357 30 Bateman Street WANTIRNA VIC 3152

The construction of a single storey dwelling to the rear of the existing dwelling and the subdivision of the land into two (2) lots


Dinsdale 2011/6606 44 Allanfield Crescent BORONIA VIC 3155

Construction of a single storey dwelling behind the existing dwelling

22/12/2011 Approved



Dinsdale 2011/6989 4/9 Ash Grove BAYSWATER VIC 3153

The removal of two Eucalyptus melliodora trees

13/12/2011 Approved

Dinsdale 2011/6899 Knox City SC (MASTER) 425 Burwood Highway WANTIRNA SOUTH VIC 3152

Advertising Signage 12/12/2011 Approved

Dinsdale 2011/6614 5 View Road BAYSWATER VIC 3153

Development of the land for a three storey apartment building containing 11 dwellings


Dinsdale 2011/6903 401 Burwood Highway WANTIRNA SOUTH VIC 3152

Advertising Signage - Illuminated & Non-Illuminated

1/12/2011 Approved

Dinsdale 2011/6440 43 Pindari Drive BAYSWATER VIC 3153

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


Dinsdale 2011/6783 Knox City SC (MASTER) 425 Burwood Highway WANTIRNA SOUTH VIC 3152

Buildings and Works (Shop addition to existing Tenancies ShT1112 & 1113 & T1114) and car parking dispensation

6/12/2011 Approved

Dinsdale 2011/6409 21 High Street BAYSWATER VIC 3153

The construction of nine (9) three (3) storey dwellings


Dinsdale 2011/6766 16 Russell Crescent BORONIA VIC 3155


2/12/201 Approved

Dinsdale 2011/6228 27 King Street BAYSWATER VIC 3153

Development of the land for a 3 storey apartment building containing eleven (11) dwellings.

5/12/2011 Approved

Dobson 2011/6949 16 Schneider Street FERNTREE GULLY VIC 3156

The removal of one Eucalyptus goniocalyx

9/12/2011 Approved

Dobson 2011/6975 20 The Glen FERNTREE GULLY VIC 3156

Removal of Eucalyptus goniocalyx

8/12/2011 Approved

Dobson 2011/6810 1154 Burwood Highway UPPER FERNTREE GULLY VIC 3156

The subdivision of the land into Eight (8) Lots (approved warehouse development)

12/12/2011 Approved

Dobson 2011/6702 48 Olivebank Road FERNTREE GULLY VIC 3156

Verandah 1/12/2011 Approved

Dobson 2011/6906 18 Forest Road FERNTREE GULLY VIC 3156

Buildings and Works (Garage & Garaport)

16/12/2011 Approved

Dobson 2011/6910 12 Frederick Street FERNTREE GULLY VIC 3156

Carport 12/12/2011 Approved

Dobson 2011/7018 14 Hunter Street FERNTREE GULLY VIC 3156

Removal of One (1) Tree and Pruning of Five (5) Trees

22/12/2011 Approved

Dobson 2011/6751 6 Bergner Court LYSTERFIELD VIC 3156

Amendment to the Rowville/Lysterfield Development Plan (DPO3)

15/12/2011 Approved

Dobson 2011/6718 47 Nathan Street FERNTREE GULLY VIC 3156

The subdivision into two (2) lots (approved development site)

20/12/2011 Approved

Dobson 2011/6948 40 Francis Crescent FERNTREE GULLY VIC 3156

The removal of six (6) trees and the pruning of one Eucalyptus melliodora.

1/12/2011 Approved



Dobson 2011/6867 1000 Burwood Highway FERNTREE GULLY VIC 3156

Temporary inflatable advertising balloon

2/12/2011 Approved

Dobson 2011/6923 19-21 Brenock Park Drive FERNTREE GULLY VIC 3156

Construction of a fence 14/12/2011 Approved

Dobson 2011/6840 18 Mount View Road UPPER FERNTREE GULLY VIC 3156

Extension to existing dwelling - The construction of two (2) covered deck areas

2/12/2011 Approved

Friberg 2011/6457 23 King Parade KNOXFIELD VIC 3180

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

23/12/2011 Approved

Friberg 2011/6398 476 Scoresby Road FERNTREE GULLY VIC 3156

The construction of two (2) double storey dwellings and one (1) single storey dwelling to the rear of the existing dwelling.


Friberg 2010/6885 20 St Laurent Rise KNOXFIELD VIC 3180

The construction of a verandah attached to the existing dwelling

8/12/2011 Approved

Friberg 2011/6878 35 Coromandel Crescent South KNOXFIELD VIC 3180

The subdivision of the land into two (2) lots


Friberg 2011/6744 50 King Parade KNOXFIELD VIC 3180

The subdivision of the land into three lots (approved development site)

15/12/2011 Approved

Friberg 2011/6511

115, 120 & 125 Bunjil Way KNOXFIELD VIC 3180; Lot F Kelletts Road ROWVILLE VIC 3178; Lot E Karoo Road ROWVILLE VIC 3178; 10 Waterford Park Avenue KNOXFIELD VIC 3180; CB307 Clubrooms, 131 Bunjil Way, KNOXFIELD VIC 3180;

Re-align the boundaries and variation of easements within the Waterford Valley golf course, Retirement Villages and development sites to comply with existing built form, planning permits and enable the protection of significant vegetation.

19/12/2011 Approved

Friberg 2011/6806 34 Gilbert Park Drive KNOXFIELD VIC 3180 Fourteen External Flues 2/12/2011

Approved

Scott 2011/6716 26 Landsdale Crescent WANTIRNA SOUTH VIC 3152

To vary Covenant number K262440 .

21/12/2011 Refused

Scott 2011/6620 66 Tyner Road WANTIRNA SOUTH VIC 3152


16/12/2011 Approved

Taylor 2011/6566 8 Major Crescent LYSTERFIELD VIC 3156




Removal of three (3) dead Eucalyptus trees and one Pittosporum undulatum.

22/12/2011 Approved

Taylor 2010/6871 90 Wentworth Avenue ROWVILLE VIC 3178

The Subdivision into Two (2) Lots

22/12/2011 Approved


The subdivision of the land into three (3) lots

29/12/2011 Approved



Taylor 2011/6821 1 Rayner Close ROWVILLE VIC 3178

The subdivision of the land into two lots (approved development site)

12/12/2011 Approved

Taylor 2011/6480 67 Vista Crescent ROWVILLE VIC 3178

The construction of two (2) double storey dwellings


Tirhatuan 2011/6894 42 Enterprise Drive ROWVILLE VIC 3178

Non-Illuminated Advertising Signage

14/12/2011 Approved

Tirhatuan 2011/6118 13 Avalon Road ROWVILLE VIC 3178

Construction of a second dwelling at the rear of existing dwelling


Tirhatuan 2011/6909 22 Dalmore Drive SCORESBY VIC 3179

Buildings and Works (Construction of an Internal Mezzanine Floor and Roof Mounted Plant Platform)

13/12/2011 Approved

Tirhatuan 2011/6458 41 Deschamp Crescent ROWVILLE VIC 3178

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

15/12/2011 Approved

Tirhatuan 2011/6659 1420 Ferntree Gully Road KNOXFIELD VIC 3180

Buildings and Works (Warehouse addition) & Car Parking Dispensation

13/12/2011 Approved

Tirhatuan 2011/6852 3 Myer Place & 812 Wellington Road ROWVILLE VIC 3178 Advertising Signage 15/12/2011

Approved

Tirhatuan 2011/6864 5 Lakeview Drive SCORESBY VIC 3179

Business Identification Signage

6/12/2011 Approved

Tirhatuan 2011/6780 60 Henderson Road ROWVILLE VIC 3178

Liquor License - Sale and consumption of alcohol on the premises


TOTAL: 80


SCOTT WARD

6.2 APPLICATION TO DEVELOP THE LAND FOR STAGED CONSTRUCTION OF AN EIGHT (8) AND NINE (9) STOREY MIXED USE DEVELOPMENT, REDUCTION IN THE CAR PARKING RATES AND ALTERATION TO THE ACCESS OF A CATEGORY 1 ROAD AT 400-408 BURWOOD HIGHWAY, WANTIRNA SOUTH, Melway Ref. 63 J11 (Application No. P2011/6477)

1. SUMMARY:

Land: 400-408 B urwood H ighway, WANTIRNA SOUTH VIC 3152

Applicant: SJB Planning Proposed Development: Staged construction of an eight (8) and

nine (9) storey mixed use development, reduction i n t he c ar par king rates and alteration to the access of a c ategory 1 road

Existing Land Use: Vacant Site Area/Dwelling Density: 4,557 m2 / 1:19.3m2 Zoning: Business 2 Zone Overlays: No Overlays Local Policy: Municipal Strategic Statement (MSS)

Knox Central Principal Activity Centre Housing Policy

Application Received: 23 June 2011 Number of Objections: 10 PCC Meeting: N/A Assessment:

The proposal has been assessed against the Municipal Strategic Statement and the Housing Policy and has been found to generally comply.

The proposal has also been assessed against the Knox Central Principal Activity Centre Policy incorporating the Knox Central Urban Design Framework and the Guidelines for Higher Density Residential Development (2004) and has been found to be consistent with these policies.

On balance it is considered that the proposal responds well to State and Local Planning Policies subject to conditions. It is recommended that a Notice of Decision be issued subject to conditions.

11 COUNCIL – CITY DEVELOPMENT 24 January 2012 6.2 400-408 Burwood Highway, Wantirna South (cont’d)

2. BACKGROUND

2.1 Subject Site and Surrounds

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

• The subject site is located on the south-east corner of Burwood Highway and Stud Road, in Wantirna South. The site is irregular with a f rontage to Burwood Highway of 75 metres, a frontage to Stud Road of 43 metres and ov erall s ite ar ea of 4,557m2. C ovenant W 484045T bur dens t he land.

• The site i s c urrently v acant and hi storically w as us ed as a s ervice station. Current vehicle access to the s ite i s v ia double c rossovers on Burwood H ighway and a s ingle c rossover on S tud R oad. There ar e a number of l arge t rees ex isting on t he s ite t hat w ere established as landscaping with the service station use.

• Adjoining t he eas tern boundar y at 410 B urwood Highway is an office development comprising eleven ( 11) s ingle s torey of fice bui ldings. Access i s v ia a s hared one -way crossover on B urwood H ighway ( also providing i ngress and egr ess t o 414 -420 B urwood H ighway, Wantirna South) with an exit point onto Jacksons R oad. A f our s torey bui lding used as serviced apartments exists on the southern part of the land (now known as 337 Stud Road, Wantirna South) constructed in 2007/2008.

• The site does not abut any residential properties. The nearest residential property is located approximately 48 m etres t o t he s outh-east ( fronting White Road). Knox Shopping Centre is located to the north-east. Also in proximity to the site is Hotel Cavalier, The Wantirna Club and Villa Maria (which is undergoing a major re-development with buildings up to seven (7) storeys).

2.2 Previous Approvals

• Planning P ermit N o. 2006/ 6727 al lowed bui ldings and w orks ( office building and as sociated c ar par king) and m odifications t o ac cess t o a Road Zone, Category 1. The Permit has an expiry date of 19 December 2012 and has yet to be acted upon. Condition 13 of the Permit requires that 14 car spaces must be al located to the serviced apartment building on 337 Stud Road, Wantirna South.

• Planning Permit No. 2009/6404 allowed the staged construction of 4 and 5 storey office bui ldings, v ariation t o t he c ar par king r equirement and alteration to the access to the Category 1 Road. The Permit was issued on 18 January 2010 and has yet to be acted upon.


2.3 The Proposal

(Refer to attached plans at Appendix B)

The proposal is for the staged construction of an 8 -9 storey development for use as dw ellings and of fices, r eduction i n t he s tandard par king r equirement and alteration of the access from a Category 1 Road.

The following is a summary of the proposal:

• The development comprises three bui ldings (Building A, Building B and Building C ), w ith gr ound l evel and t wo bas ement l evels of car parking containing 275 c ar spaces. E ach of the bui ldings runs north south in a linear form with 236 apar tments divided between the three bui ldings. At ground level fronting Burwood Highway will be three office tenancies with a combined floor area of 722m2.

• It i s pr oposed t o c onstruct t he dev elopment i n t hree ( 3) s tages, w ith Building A to be S tage 1, Building B to be Stage 2 and Building C to be Stage 3.

• Buildings A and B are nine (9) stories and Building C is eight (8) stories. The total height including plant and l ift overrun of the bui ldings reaches 32 metres. Building envelope setbacks range from 1.98 metres and 3.17 metres at gr ound f loor l evel t o t he Burwood Highway frontage, and a minimum 1.216 metres to Stud Road.

• The development is a contemporary architectural response with a robust built form t o t he i ntersection of B urwood H ighway and S tud R oad. Curvilinear c ommercial s paces f ront B urwood H ighway. The building features ar chitectural s creens w hich per form a dual function of articulation and functionality, by providing privacy and shade.

• Bush boul evard l andscaping al ong B urwood H ighway and Stud Road and low planting above the gr ound f loor w ill gi ve t he i mpression of a leafy green outlook. A series of tensioned cables between the buildings will create a vertical garden.

3. CONSULTATION

3.1 Advertising

There are exemptions f rom not ice requirements w ithin the Business 2 Zone. As such, that part of the proposal t o c onstruct t he bui lding, or c onstruct or carry out w orks is ex empt f rom not ice r equirements. The part of t he application t o us e t he l and f or dw ellings, t he r eduction in the standard car parking requirement and al teration of the access f rom a C ategory 1 Road is not exempt from any notice requirements.


The appl ication was advertised by way of signs on t he site and not ices were sent t o adj oining pr operty ow ners and oc cupiers. Ten (10) objections were received ( including obj ections r eceived af ter t he advertising process was completed) and are summarised below:

Overshadowing

• It should be noted that the construction of the proposed building is exempt from the notice requirements and review rights of the Act. The proposal will create overshadowing of adjoining properties; however the extent of overshadowing is not unreasonable when considering the non-residential uses and nature of adjoining properties. The development is located a distance from residential properties (approximately 53 metres to the closest point) and overshadowing of these properties will not occur as a result of the proposed buildings.

Height

• It should be noted that the construction of the proposed building is exempt from the notice requirements and review rights of the Act. The height of the proposal is consistent with Council’s Knox Central Urban Design Framework. For a prominent corner and gateway site within a Principal Activity Centre zoned Business 2, a height of between 8 to 9 storeys is consistent and will achieve the outcomes anticipated within the Knox Central Urban Design Framework, State and Local Planning Policies (as discussed in Section 4.2.2 of the report). The proposal exhibits a high standard in architecture and urban design, and this also lends support to a building with a height of 8 to 9 storeys.

Reduction in natural daylight

• It should be noted that the construction of the proposed building is exempt from the notice requirements and review rights of the Act. The proposal will not result in an unreasonable reduction in natural daylight to surrounding properties. Adjoining commercial premises should not expect that access to daylight would be addressed similar to assessing potential amenity impacts on residential properties. The development is located a distance from residential properties.

Parking and Traffic

• The level of car parking provision and traffic generation is satisfactory for the proposed use and development. Council’s Traffic Engineers and VicRoads have not raised any concerns that cannot be addressed through conditions on any permit to issue. As such, it is considered that the provision of car parking will adequately cater for the parking demand anticipated. Refer to discussion under Sections 3.2 and 4.4 of this report.


Loss of Privacy

• It should be noted that the construction of the proposed building is exempt from the notice requirements and review rights of the Act. The proposal will not result in loss of privacy. Adjoining commercial premises should not expect that overlooking would be addressed similar to assessing potential amenity impacts on residential properties. The development is located a distance from residential properties.

Encroaching onto 410 Burwood Hwy

• Part of the proposed access point onto Burwood Highway extends onto land that appears to be associated with 410 Burwood Highway (access to 410 Burwood Highway is via a shared access point with 414 Burwood Highway). This area to the front of 410 Burwood Highway is designated Road and does not form part of the 410 Burwood Highway.

The plans were amended subsequent to the advertising period to respond to concerns raised by C ouncil’s Tr affic and W aste M anagement D epartments. The amended plans w ere ac cepted and now f orm t he as sessment of t he application. I t w as c onsidered t hat t he amended plans will not i ncrease detriment to any person as the changes were internal and improve car parking and access, so no further advertising was required.

3.2 Referrals

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

Traffic Engineering

• It i s c onsidered t hat t he appl ication of a r ate of 0.09 visitor par king spaces per apartment is satisfactory.

• The appl icant shall amend the plan to provide adequate dimensions for parking aisle and parking spaces in accordance to AS2890.1.

• Minor c oncerns r elating t o t he bas ement l ayout and functionality including column w idths/locations, al location of t andem s paces, bar rier requirements and loading bays.

• Standard conditions to be included on any permit issued.

Officer Response:

• Standard conditions on any permit to issue can address the minor concerns raised.


• The car parking spaces and accessway widths comply with the minimum design standards within Clause 52.06-3. Where applying the Planning Scheme requirements would conflict with the Australian Standards (such as with the design for tandem spaces and accessible car parking), the Australian Standards have been applied. It is considered that the design of the car parking areas will ensure efficient and easy use and circulation.

Drainage Engineering


Waste Services

• No obj ection s ubject t o the development bei ng i n ac cordance w ith t he amended Waste Management Plan.

VicRoads

• No objection subject to the inclusion of conditions on any permit to issue.

Department of Transport

• No objection subject to a condition on any permit to issue.

City Strategy

• The s ubject s ite i s s ituated w ithin an ar ea designated for commercial/office use w ith c omplementary retail/residential/education/leisure in t he K nox C entral U rban D esign Framework, J uly 2005. The pr oposal f or a mixed use development is considered consistent with the Framework.

• The pr oposal f or 8 -9 storeys is al so c onsistent w ith t he Fr amework, which supports dev elopment 5+ s toreys i n t his ar ea. The des ign responds w ell t o t he ar chitectural and ur ban des ign qual ity obj ectives, particularly t he pr ovision of a s trong ur ban edge al ong t he Bush Boulevard of Burwood Highway.

• The development will also contribute positively to the diversity of housing types and sizes in Knox.

4. DISCUSSION

This section considers the proposed development in l ight of the provisions of the Knox P lanning Scheme including State and Loc al P lanning Policies, any other relevant policies and objectives.


4.1 Zoning and Overlays

4.1.1 Zone

Clause 34.01 Business 2 Zone:

The site is located within a Business 2 Zone. A permit is required to construct a building and to use land for a dwelling.

• The proposal is consistent with the purpose of the zone.

4.1.2 Overlays

There are no overlays affecting the land.

4.1.3 Aboriginal Affairs Victoria

ABORIGINAL HERITAGE ACT 2006

The subject site is within an area of cultural heritage sensitivity (200 metres of a w atercourse, B lind C reek) and t he pr oposal i s c onsidered t o be a high impact activity, therefore the dev elopment m ay t rigger a m andatory C ultural Heritage Management Plan (CHMP).

However, it has been det ermined t hat a C HMP i s not r equired f or t his application as the subject site has been significantly disturbed.

4.2 Policy Consideration

4.2.1 State Planning Policy Framework

State policy requires Council to integrate the range of policies relevant to the issues to be det ermined, and bal ance c onflicting obj ectives i n f avour of net community benefit and sustainable development.

Key Policies:

Clause 11. 01 A ctivity Centres – Encourage ac tivity c entres as a f ocus f or high-quality dev elopment, ac tivity and l iving f or t he whole community; encourage t he c oncentration of m ajor r etail, r esidential, commercial, administrative, ent ertainment and c ultural dev elopments i nto ac tivity c entres which pr ovide a v ariety of l and us es and ar e hi ghly ac cessible to the community.

• The site is located within a Principal Activity Centre. The proposal is for a mixed us e dev elopment of an i ntensity t hat i s des irable w ithin a Principal Activity Centre.


Clause 15 B uilt E nvironment and Heritage – To c reate ur ban env ironments that are safe, functional and pr ovide good qual ity environments with a s ense of place and cultural identity.

• The subject site is considered to be a gateway site. The proposed development provides a robust and monumental built form that will define further development and achieve an architectural outcome consistent with Council’s Knox Urban Design Framework and the site’s position within a Principal Activity Centre. As such, it is considered that the proposal has responded appropriately to the Urban Design Principles within this Clause.

• The proposal will achieve a strong street presence and identity, with an emphasis on landscaping and planting along Burwood Highway and Stud Road, to achieve the continuation of Council’s Bush Boulevard policy.

• The development has incorporated environmental sustainability initiatives. A Sustainable Deign Assessment will be required subject to a condition on any permit to issue.

Clause 16 H ousing – The pol icy obj ectives ai m t o pr ovide for housing diversity, and ensure the efficient provision of supporting infrastructure. New housing in or close to activity centres and em ployment corridors and at other strategic redevelopment sites that offer good access to services and transport. A range of housing types is to be provided to meet increasingly diverse needs.

• Neighbourhood c haracter – Council’s Neighbourhood Character Policy does not apply to this proposal.

• Housing c hoice – The proposal will increase housing density within proximity to services and public transport and contribute to greater housing diversity and options.

• Existing i nfrastructure – The proposed development will make use of existing infrastructure within a Principal Activity Centre.

• Energy efficiency – this has been discussed above at Clause 15.


Clause 18. 02 Tr ansport – Ensure that access i s pr ovided t o al l av ailable modes of transport.

• The s ubject s ite i s l ocated on t he P rincipal P ublic Transport Network (Stud Road and B urwood H ighway), w ith t he bus i nterchange l ocated within 295 metres to the north-east.

• Bus r oute 738 f rom K nox C ity t o M itcham R ailway S tation v ia K nox Private Hospital and W antirna S econdary College oper ates hal f hour ly from 6.00am to 9.00pm Monday to Friday. Saturday services run hourly from 8.00am to 9.00pm and 9.00am to 9.00pm on Sundays.

• Bus route 737 from Croydon Station via Knox City to Glen Waverley via Monash University operates at various intervals from 6.16am to 9.38pm Monday to Friday with peak times being half hour ly. S aturday services run hal f hour ly f rom 5. 55am t o 9. 35pm. S unday s ervices oper ate f rom half hourly from 8.22am to 9.33pm.

• Bus r oute 757 f rom K nox C ity t o S coresby v ia Ferntree G ully R oad operates from 8.07am t o 5. 41pm M onday t o Fr iday at av erage 45 m in intervals. There are no weekend services.

• Bus route 681/682 f rom Knox C ity to Rowville/Lysterfield v ia Stud Park Shopping Centre operates at v arious i ntervals f rom 9. 20am t o 8. 10pm Monday to Friday. Saturday services operate intermittently from 9.20am to 5. 50pm. S unday s ervices oper ate i n t he af ternoon f rom 12. 00pm t o 5.30pm

• Bus route 755 from Knox City to Boronia Train Station then to Bayswater Station via The Basin operates from 6.39am to 9.37pm Monday to Friday at various intervals with peak times being half hourly. Saturday services operate intermittently from 8.49am to 9.52pm. Sunday services operate hourly from 9.50am to 8.50pm.

• The Smart Bus route 901 f rom Melbourne Airport to Frankston operates from Knox at 5.17am to 12.19am Monday to Fr iday at various intervals with peak times being every 15 minutes. Saturday services operate from 5.55am to 12.17am from Knox City half hourly. Sunday services operate from Knox City at 7.17am to 9.17pm half hourly.


• Bus r oute 732 f rom U pper Fer ntree G ully v ia K nox C ity t o B ox H ill Central via Vermont S outh oper ates M onday t o S aturday c ommencing 4.42am to 12.50am. The express service during peak times leaves every 10 m inutes on av erage. S unday s ervices r un f rom 6. 32am to 12.33am every 15 minutes on average.

• This service to Vermont South Shopping Centre connects with the Tram Terminus in Burwood Highway, where Tram Route 75 travels to the City via Camberwell Junction, Epworth Hospital R ichmond and t he M CG. The service operates f rom 4.49am to 12.58am Monday to Fr iday at 10 minute intervals and on S aturday f rom 4.52am to 2.05am at 10 m inute intervals t hen 20 m inute i ntervals from 8.00pm t o 2. 05am. S unday Services operate 6.43am to 12.46am at 10 minute intervals.

4.2.2 Local Planning Policy Framework

Clause 21. 04 – Municipal S trategic S tatement ( MSS) – Development i s encouraged to incorporate Ecologically Sustainable Design (ESD) and Water Sensitive Urban Design (WSUD) principles to ensure that a sustainable urban environment is ultimately achieved.

• A Sustainable Design Assessment will be required subject to a condition on any permit to issue.

Clause 21. 05 – MSS – Residential dev elopment i s enc ouraged t hat contributes to sustainable ur ban gr owth and c hange. H igh and m edium density residential development is encouraged w ithin pr incipal and m ajor activity c entres. R esidential dev elopment s hould al so ac hieve a diversity of housing styles, type’s forms and s izes to cater for the changing needs of the community.

• The subject site is located within the Knox Central Principal Activity Centre, where high density development is encouraged.

Clauses 22. 01 – Knox Ce ntral Pr incipal Ac tivity Ce ntre – This policy implements the land use and dev elopment v ision for Knox Central based on the Knox Urban Design Framework. The relevant objectives of the policy are:

• To implement the land use and development vision for Knox Central based on the Knox Central Urban Design Framework.

• To achieve a high intensity of activity throughout the area that creates the critical mass needed t o support the widest possible range of higher order commercial, community and other uses.


• To achieve high standards in landscape architecture and urban design that contribute pos itively t o t he ur ban env ironment and t o i mprove ac cess t o and throughout the activity centre.

• To improve legibility for all forms of transport including pedestrians.

The Knox Central Urban Design Framework (KCUDF) divides the study area into precincts. The Burwood Highway / Stud Road South area is one of those precincts. The f ramework suggests a hei ght l imit of three to f ive storeys and encourages a m ixture of commercial and of fice us es w ith c omplimentary residential, educational or retail uses for this section of Burwood Highway and. The f ramework makes t he f ollowing r ecommendations f or t he Burwood Highway/Stud Road South Precinct:

• Create a Burwood Highway and Stud Road corner form of 5 plus storeys which steps down to 3 storeys at t he r ear t o i ntegrate w ith s outhern residential neighbours.

• Incorporate medium scale commercial or service business forms on t he south s ide of Burwood H ighway, and l arger scale residential i n f ront of the Knox Village retirement precinct where possible to form a continuous built form and landscape frontage.

• Clearly define Burwood Highway building ent ries and es tablish gr ound and upper level active frontages.

• Manage the corner and highway built form to s it within the strong bush boulevard.

• Form a proud corner form t o B urwood H ighway and S tud R oad integrated with existing Police building to the east.

Officer Response:

• The KCUDF provides opportunities for well designed ‘feature buildings’ that exceed the average building height where they define key corner sites, topographical high points, and gateways to and within the precinct. A building form that is higher and more intense than its surrounds is supported in order to ‘mark’ the study area as a major town centre and focal point of the municipality and outer eastern region of Melbourne. The subject site is considered a crucial key corner site where an intense and outstanding architectural response is required to achieve the vision within the KCUDF.


• The development exhibits an outstanding standard of architectural and urban design, with a mass and height that highlights the importance of this prominent key corner site. Detailing and massing presents to both street frontages. The design incorporates façade variation, contrast, repetition, colour, texture and detail that will integrate with the bush boulevard surroundings and create an attractive and interesting form in the streetscape.

• The proposal will achieve a high intensity of activity with a combination of high-density residential and commercial uses, with activation of the street and a strong bush boulevard theme. Car parking areas will be concealed from the public interface. The ground level has been designed for friendly pedestrian movement.

Clause 22.10 – Housing – The Housing Policy at Clause 22.10-1 recognises that t he popul ation of K nox w ill gr ow by 12, 000 per sons and 15,000 households for t he nex t 25 y ears, t o t he year 2030. Apartment and m ulti-storey mixed use style housing development be enc ouraged in the Business Zones within the principal and major activity centres.

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

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

• The proposed development will create a diversity of housing within Knox in the form of studio, one and two bedroom apartments that are close to services and public transport.

The pr oposed dev elopment m akes a pos itive contribution to the desired future urban fabric, amenity and neighbourhood character.

• Council’s Neighbourhood Character Policy does not apply; instead future development is guided by the Knox Central Urban Design Framework (KCUDF). The development will make a positive contribution to the future urban fabric, consistent with the vision within the Knox Central Urban Design Framework.


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

• There is not access to frequent public transport services between 6.00am and 11.00pm daily, seven days a week.

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

• The proposed development is consistent with the KCUDF.

The dev elopment s ite gr aduates i n hei ght f rom t he site boundaries to respect prevailing building height patterns.

• The proposed height of the proposal is consistent with the minimum heights envisaged within the KCUDF.

The dev elopment and bui lding des ign r esponse addr esses any pot ential impact on adjoining development where there is a residential interface with respect to amenity, overlooking, overshadowing, height and bulk, views and vistas.

• There is no residential interface within the subject site.

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

• A variety of architectural styles and forms are proposed including a curvilinear glass form at ground level to Burwood Highway, architectural screens for articulation and functionality and a selection of materials and colours to create a play of light to the formal aspect of the facade design.

4.3 Guidelines for Higher Density Residential Development (2004)

The guidelines within this document promote well designed high density housing within Activity Centres when considering the context of the site and s urrounds, bui lding des ign and env elope, l ayout and des ign and open space and landscape design.

The gui delines ar e s tructured ar ound s ix elements of design consideration, eac h of w hich c ontains des ign obj ectives and a corresponding s et of des ign s uggestions. A n as sessment has been made against each of the relevant elements.


Element 1 – Urban Context

Objectives:

To ensure bui ldings r espond c reatively t o t heir ex isting c ontext and t o agreed aspirations for the future development of the area.

To pr ovide a c reative des ign response that i s bas ed on a c lear understanding of the urban context and neighbourhood character.

• Complies

Element 2 – Building Envelope

Objectives:

To ensure that the height of the new development responds to existing urban context and neighbourhood character objectives of the area.

To ens ure new dev elopment i s appr opriate t o the scale of nearby streets, other public spaces, and buildings.

To maximise informal or passive surveillance of streets and other public spaces.

To m aximise r esidential am enity t hrough the provision of v iews and protection of privacy w ithin t he s ubject s ite and on nei ghbouring properties.

To t reat r oof s paces and f orms as a considered aspect of the overall building design.

• Complies.

Element 3 –Street Pattern and Streetscape Quality

Objectives:

To ensure car parking does not dominate the streetscape.

To create street entrances with a s trong identity that provides transition from the street to residential interiors.

• Complies.


Element 4 – Circulation and Services

Objectives:

To provide adequate, safe and efficiently designed parking layouts.

• Complies.

Element 5 – Building Layout and Design

Objectives:

To pr ovide a r ange of dw elling s izes and types in higher density residential developments.

To opt imise the layout of bui ldings in response to occupants’ needs as well as, identified external influences and characteristics of the site.

To ensure that a good s tandard of nat ural l ighting and v entilation i s provided to internal building spaces.

To promote buildings of high architectural quality and visual interest.

• Complies.

Element 6 – Open Space and Landscape Design

Objectives:

To ensure access to open space for all residents.

To ens ure c ommon or s hared s paces ar e f unctional and attractive f or their intended users.

To allow solar access to the private and shared open spaces of new high density residential units.

To integrate the design of shared and private open space into the overall building design and façade composition.

To provide for greenery within open spaces.

• Complies.


4.4 Particular Provisions

Clause 52.06 – Car Parking

The purpose of Clause 52.06 is to ensure the provision of an appropriate number of car spaces having regard to the activities on the land and the nature of t he l ocality. Pursuant t o C lause 52. 06-1 a permit m ay be granted t o r educe or t o w aive t he num ber of car spaces required by Clause 52.06-5.

In support of the application t o w aiver t he c ar par king r equirements of Clause 52.06 of the Knox Planning Scheme, a t raffic report prepared by Cardno Grogan Richards was submitted. Fol lowing c oncerns r aised by Council’s Traffic Engineers an addendum was also submitted in relation to the visitor parking rate, loading and unloading within the development and accessway widths. C ouncil’s Traffic Engineer’s have expressed no issue w ith t he c ar par king num bers pr oposed and the application to waive the car parking requirements of t he K nox P lanning S cheme ( for the residential component and office component), based on the empirical car parking assessment within the Traffic Report.

Appendix C c ontains a t able w hich out lines t he c ar parking provided, requirements of Clause 52. 06 and C lause 55 ( ResCode), and t he anticipated dem and ba sed on t he t raffic r eport pr epared by Cardno Grogan Richards. A total of 261 car spaces (not including an addi tional 14 spaces allocated to Punt Hill Apartments) is provided for the proposed uses. C lause 52. 06 r equires a t otal of 497 spaces for the proposed uses, and t herefore t he appl ication s eeks a waiver of 236 car parking spaces. Thi s can be f urther broken down in relation to each use. The residential component is seeking a waiver of 230 spaces while the office component is seeking a waiver of 6 spaces. The car parking provision is considered to be appropriate, based on the following:

• The subject site is located within the Knox Principal Activity Centre, and w ithin w alking di stance t o K nox S hopping C entre and other uses, the bus interchange and P PTN. As such, there is easy and convenient ac cess t o a di versity of s ervices/facilities and entertainment options which c ontributes t o a s haring of us es and less reliance on car travel.

• As the Tabl e hi ghlights, a s ubstantial c omponent of t he w aiver relates t o t he C lause 52. 06 r equirement f or dw ellings. A t otal number of 472 spaces would be required for t he 236 apar tments. This is a substantial number when considered against t he C lause 55 (ResCode) parking requirements, which are generally used as a guide for these types of developments. W hen t he c ar par king requirements of C lause 55 ( ResCode) ar e appl ied, t here i s a shortfall of 45 spaces.


• An empirical assessment of the proposed car parking provision and anticipated dem and hi ghlights t hat t here w ill be sufficient car parking f or t he pr oposal. The em pirical as sessment has not assumed any reliance on parking within residential streets or Knox Shopping C entre, and t herefore al l parking requirements are proposed to be contained on-site.

Before deciding on an application to construct a bui lding or construct or carry out works, in addi tion to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate:

Any relevant parking precinct plan.

• There is no parking precinct plan.

The availability of car parking in the locality.

• Available off-street car parking within the locality is limited and therefore is not a factor in Council’s assessment of the car parking waiver, or within the traffic report in support of the proposal. Parking within the residential streets in proximity of the subject site (Jackson, Tyner and White Roads) have limited 2 hour parking restrictions with permit holders exempted. Council’s Traffic Engineer’s have indicated that future residents would not be eligible for a parking permit as the development does not have direct access to these streets.

The availability of public transport in the locality.

• The availability of public transport is limited to bus services and the bus interchange located at Knox Central (available bus routes are listed under Clause 18 of this report).

Any reduction in car parking demand due to the sharing of car spaces by multiple us es, ei ther bec ause of v ariation of c ar par king demand ov er time or because of efficiencies gained f rom the consolidation of shared car parking spaces.

• The demand for car parking is in part attributed to the supply of parking. Not all one-bedroom apartments are supplied with a car parking space and this will influence the level of car ownership within the development. Also, the location within proximity to a Principal Activity Centre with a diverse range of services reduces the need for travel to obtain basic goods, services, and entertainment. This contributes to reduced car parking demand.


Any car parking deficiency or surplus associated with the existing use of the land.

• There is no car parking surplus or deficiency associated with the land.

Any credit which should be allowed for a car parking demand deemed to have been pr ovided i n association w ith a us e which ex isted before the change of parking requirement.

• There is no car parking credit associated with the land. Local traffic management.

• Surrounding residential streets provide limited car parking opportunities due to existing parking restrictions (see comments above). Demands for off-street car parking within an Activity Centre generally result in amenity impacts on existing residential areas, and parking restrictions assist in limiting these impacts. As the anticipated parking demand for the proposal has been accommodated on-site, it is considered that impacts on existing residential streets will be limited. Also, traffic generation through the proposal will be limited to Burwood Highway and Stud Road, two major collector roads.

Local amenity including pedestrian amenity.

• Pedestrian amenity will not be impacted upon by the proposal. The proposal also provides pedestrian links through the development.

An empirical assessment of car parking demand.

• Council’s Traffic Engineers are satisfied with the empirical assessment carried out by the applicant in support of the proposal, and the allocation/supply of car parking spaces.

Any other relevant consideration.

• The proposal will ensure adequate bicycle parking and storage to encourage this alternative form of transportation.

The layout of the car parking areas meet the minimum standards within the Knox P lanning S cheme, and w here appr opriate and r elevant appl y the Australian Standard (including ramp grades, car parking lengths with obstructions, t andem ar rangements, f unctionality s uch as bl ind aisles etc).


On balance, it is considered that the provision of car parking spaces and layout of the car parking areas is satisfactory.

Clause 52.07 – Loading and Unloading of Vehicles

The pur pose of C lause 52. 07 i s t o s et as ide l and f or l oading and unloading c ommercial v ehicles t o pr event l oss of am enity and adv erse effect on traffic flow and road safety.

• The permit requirement relates to uses in manufacturing, servicing, storage or sale of goods or materials and therefore consideration of a waiver of these requirements is not applicable. However, considering the scale of the development there is likely to be a need for loading/unloading of vehicles which would not be able to be undertaken on Burwood Highway or Stud Road and therefore this has been incorporated on-site. This also incorporates a dual purpose by catering for garbage truck requirements.

• The loading bay is proposed within the ground floor car parking area and has been designed to cater for an 8.8 metre long medium rigid vehicle.

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

The purpose of C lause 52. 29 i s t o ensure appropriate access to identified roads. A permit is required to create or alter access to a road in a Road Zone, Category 1 (Burwood Highway).

• The application has been referred to VicRoads in accordance with this Clause. No objection has been raised concerning the proposal and the effect on the operation of the road and public safety. The conditions imposed by VicRoads will be included on any permit to issue.

Clause 52.34 – Bicycle Facilities

Bicycle parking is required to be pr ovided at 1 r esident space to each 5 dwellings and 1 v isitor s pace t o eac h 10 dwellings. There i s no requirement to pr ovide bi cycle s paces f or t he of fice c omponent. Showers and change rooms are not required.

• A total of 47 bicycle spaces are required for residents and 24 bicycle spaces are required for visitors. A total of 52 resident bicycle spaces and 26 visitor bicycle spaces have been provided, exceeding this requirement. The location and afforded security of the bicycle parking areas is also appropriate.


Clause 52.36 – Integrated Public Transport Planning

The pur pose of t his C lause i s to ensure dev elopment considers publ ic transport networks.

An appl ication to construct a bui lding or to construct or carry out works for a residential development comprising 60 or more dwellings must be referred to the Director of Public Transport (Department of Transport).

• The condition imposed by the Department of Transport will be included on any permit to issue.

5. CONCLUSION

Clause 11 of the Knox Planning Scheme requires Council to balance relative policy obj ectives w hen m aking dec isions t o ens ure r esulting development is sustainable and ac hieves a net c ommunity gai n. I n t his c ontext, the development is appropriate given the following:

• The proposed development is generally consistent with the Municipal Strategic Statement, Clause 22.01 (Knox Central Principal Activity Centre Policy) and Clause 22.10 (Housing Policy).

• The proposal to waiver the car parking requirements of Clause 52.06 (Car Parking) is considered appropriate.

• The proposed development is generally consistent with the Guidelines for Higher Density Residential Development (2004) and the Knox Central Urban Design Framework.

• The proposed development is generally consistent with Clause 52.07 (Loading and Unloading of Vehicles), Clause 52.29 (Land Adjacent to a Road Zone Category 1), Clause 52.34 (Bicycle Facilities) and Clause 52.36 (Integrated Public Transport Planning).

6. CONFIDENTIALITY

There are no confidentiality issues associated with this report.

RECOMMENDATION

That Council issue a Notice of Decision to Grant a Planning Permit to develop the land for the staged construction of an eight (8) and nine (9) storey mixed use development, reduction in the car parking rates and alteration to the access of a Category 1 Road at 400-408 Burwood Highway, Wantirna South, subject to the following conditions:


Recommendation (cont’d)

Amended Plans

1. Before the development commences, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the plans submitted with the application but modified to show:

1.1 Details of lighting in the car park areas in accordance with AS1158.

1.2 Allocation of the 19 car spaces for office use within each Stage.

1.3 Allocation of tandem car spaces to either the three bedroom dwellings or office use as staff only (can be a combination of the three bedroom dwellings and the office use).

1.4 Allocation of the car spaces for one bedroom dwellings and two bedroom dwellings within each Stage.

1.5 Allocation of the car spaces to be used as visitor parking within each Stage.

1.6 The location of columns to comply with AS2890.1 section 5 and/or a 300mm clearance provided between the column and the side of the car parking space.

1.7 Where car spaces are fronting a ramp, a barrier system must be installed. Details of the barrier system (such as the type of fencing) in accordance with AS2890.1 Cl 2.4.5.3 to be shown.

1.8 Deletion of car space No. 16 and adjacent garden bed to allow for an adequate loading/unloading area to the rear of the loading/unloading bay.

1.9 A barrier system (such as bollards or another suitable system) to be installed to protect car space No. 15 adjacent to the loading/unloading bay.



1.10 An elevation of the screening fence along Stud Road including height, materials, finishes.

1.11 An elevation of the sub-station screen including height, materials, finishes.

1.12 Details of the residential storage including capacity, type of storage (above bonnet, cage etc).

1.13 Details of any car park control equipment (controlling access to and egress from the internal/basement car parks) including a security intercom device.

1.14 A detailed schedule of external colours and materials (including a colour board).

1.15 The accessway associated with 410 Burwood Highway.

1.16 Drainage Plans in accordance with Condition 2 of this Permit.

1.17 Landscape Plans in accordance with Condition 4 of this Permit.

1.18 Sustainable Design Assessment in accordance with Condition 7 of this Permit.

1.19 Parking Management Plan in accordance with Condition 13 of this Permit.

1.20 Construction Management Plan in accordance with Condition 26 of this Permit.

To the satisfaction of the Responsible Authority.

Drainage

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

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

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



2.3 As appropriate, application of water sensitive urban design principles for treatment of stormwater runoff consistently with performance objectives described in Urban Stormwater Best Practice Environmental Management Guidelines (The Stormwater Committee, 1999, Chapter 2).

3. All storm and surface water shall be collected and discharged in a complete and effective system of drains to be provided as directed by the Responsible Authority to an underground pipe drain at the owner's cost.

Landscaping

4. Before the development starts, a landscape plan to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plan will be endorsed and will then form part of the permit. The landscape plan must incorporate a Bush Boulevard Theme along Burwood Highway and Stud Road to the satisfaction of the responsible authority.

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

6. The landscaping shown on the endorsed plans must be maintained to the satisfaction of the responsible authority. Any dead, diseased or damaged plants are to be replaced.

Sustainable Design Assessment

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

8. Prior to the occupation of the development, the development must be constructed in accordance with the Sustainable Design Assessment to the satisfaction of the Responsible Authority.



General

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

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

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

12. Prior to the occupation of the development in each Stage, the development is to be completed in accordance with the endorsed plan/s to the satisfaction of the Responsible Authority.

Parking Management Plan

13. Prior to the use commencing or occupation of the dwellings, a car park management plan to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. The plan is to address the allocation of spaces to the residential dwellings, residential visitor parking and office use, and access to the 14 spaces allocated to 337 Stud Road, Wantirna South.

Car Parking and Traffic

14. Before the use commences, areas set aside for the parking of vehicles and access lanes as shown on the endorsed plan must be:

14.1 Fully constructed in accordance with plans submitted to and approved by the Responsible Authority. The plans must show existing and proposed levels of driveways and car parking areas, together with drainage layout, invert levels, surfacing and vehicular crossing proposals.

14.2 Properly formed to such levels that they can be used in accordance with the plans.

14.3 Surfaced with material consistent with the development plans to the satisfaction of the Responsible Authority.

14.4 Drained and maintained to the satisfaction of the responsible Authority.

14.5 Line-marked to indicate each car space and all access lanes to the satisfaction of the Responsible Authority.



15. All parking areas, access lanes and the loading bay must be kept available for these purposes at all times and must be maintained to the satisfaction of the Responsible Authority.

16. Accessway and car parking lighting shall be provided to the satisfaction of the Responsible Authority in accordance with AS1158.

Deliveries and Garbage Collection

17. The loading bay shown on the endorsed plan must be designed and constructed to the satisfaction of the Responsible Authority. The loading bays must be kept unobstructed when not in use. Except with the further consent of the Responsible Authority, the loading and unloading of goods from vehicles must only be carried out on the land from designated loading bays.

18. Deliveries and dispatches to and from the site (including garbage collection) must be conducted in a manner which does not cause unreasonable interference with the circulation and parking of vehicles and the safe movement of pedestrians.

19. Deliveries and dispatches to and from the site (excluding garbage collection) must at all times be undertaken by vehicles with a maximum overall length of 8.5m.

20. Garbage collection must at all times be undertaken by vehicles with a maximum overall length of 6.5m.

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

Plant Equipment, Roof Structures, Fixtures and Lighting

22. No plant, equipment, services or architectural features other than those shown on the endorsed plan are permitted above the roof level of the building except with the prior written consent of the responsible authority.

23. All pipes, fixtures, fittings and vents servicing any building on the site (except down pipes) must be concealed in service ducts or hidden from view or otherwise to the satisfaction of the responsible authority.



24. Outdoor lighting, including within areas set aside for car parking, access lanes and driveways must be designed, baffled and located to the satisfaction of the Responsible Authority to prevent adverse effects on adjoining land.

General Amenity

25. The amenity of the area must not be detrimentally affected by the use or development, by the:

25.1 Transport of materials, goods or commodities to or from the land;

25.2 Appearance of any building, works or materials;

25.3 Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil;

25.4 Presence of vermin; and

25.5 By any other circumstances.

Construction Management Plan

26. Prior to the development commencing a Construction Management Plan covering matters such as hours of construction, control of noise, dust and airborne matter, damage to public assets, control of run-off, contact numbers for complaints, VicRoads requirements, etc. must be prepared to the satisfaction of the Responsible Authority.

27. Construction activity at the site is to accord with this approved Construction Management Plan.

Amenity During Construction

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

28.1 The appearance of building, works or materials on the land;

28.2 Parking of motor vehicles;

28.3 Transporting of materials or goods to or from the site; and



28.4 Hours of operation;

28.5 Stockpiling of top soil or fill materials;

28.6 Air borne dust emanating from the site;

28.7 Noise;

28.8 Rubbish and litter; and

28.9 Sediment runoff.

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

Site Contamination

29. Prior to the commencement of development or works:

29.1 A preliminary site assessment of the land must be conducted by a suitably qualified environmental professional.

29.2 A report setting out the findings of the preliminary site assessment, to the satisfaction of the responsible authority, must be submitted to the satisfaction of the responsible authority.

If the site assessment recommends that an audit is required the permit holder must obtain and provide to the responsible authority either:

29.3 A Certificate of Environmental Audit produced in accordance with section 53Y of the Environmental Protection Act 1970.

Or

29.4 A Statement of Environmental Audit produced in accordance with section 53Z of the Environment Protection Act 1970.

All of the conditions of the Statement of Environmental Audit must be complied with to the satisfaction of the responsible authority, prior to the commencement of the use of the site.



VicRoads Conditions

30. Prior to the commencement of works, a detailed functional layout must be submitted to VicRoads and the Responsible Authority for approval, generally in accordance with the functional plan CG111052 T01 P1 prepared by Cardno Grogan Richard.

31. Subsequent to the approval of detailed functional layout, a detailed engineering layout in conjunction with a ‘Detailed Design Stage’ Road Safety Audit (RSA) must be submitted to VicRoads for approval. The RSA must be undertaken by an independent VicRoads pre-qualified audit team and be conducted in accordance with Austroads – Road Safety Audit (Second Edition, 2002). When the detailed engineering layouts are approved, an additional copy must be submitted to VicRoads. The detailed engineering plans for roadworks must be amended to address any issue raised in the Road Safety Audit to the satisfaction of VicRoads and the Responsible Authority prior to the approval of the plans.

32. Prior to the commencement of roadworks, the developer must contact Team Leader – VicRoads Improvement Projects Department (Telephone No. 9881 8080) for the following requirements:

32.1 Provide a bank guarantee (in the name of the developer) without a termination date, to VicRoads for the estimated cost of works.

32.2 Provide evidence that the Contractor has a public liability insurance policy for at least $10 million, effective for the duration of the works.

32.3 Provide VicRoads with the name, address, business and out-of-hours telephone numbers of the principal roadworks contractor.

32.4 Submit to VicRoads for approval, a Traffic Management Plan showing the proposed provision for traffic and signing for the duration of the works, at least 21 days prior to the commencement of works. The Traffic Management Plan must meet the requirements of the VicRoads Worksite Traffic Management (Roadworks Signing) Code of Practice which incorporates AS 1742.3 – 2002. Traffic management/control must be carried out by suitable trained personnel.



32.5 Arrange for the contractor to contact the VicRoads Surveillance Coordinator (Telephone No. 9881 8079), at least seven 7 days prior to the commencement of works. Note: The contractor will be charged for the actual cost of VicRoads surveillance, which may be undertaken at certain key times during the works.

32.6 Provide evidence that the contractor has developed and maintained a Quality Management System, Occupation Health and Safety System, Environmental Management System and Traffic Management System, to the satisfaction of VicRoads.

33. The developer must pay the full cost of all roadworks, drainage, road safety devices, service relocations, civil works, public lighting, and any other associated costs ie all works to be complete at no cost to VicRoads.

34. The design, depth and composition of pavement (new & existing) must be to the satisfaction of VicRoads.

35. The standard of materials and works must be in accordance with VicRoads Standard Specifications for Roadworks & Bridgeworks, and to the satisfaction of VicRoads.

36. The detailed functional layouts, detailed engineering layouts and ‘as constructed drawings’ must be in accordance with VicRoads, Austroads and Australian Standards publications, and any other relevant publications, unless otherwise approved by VicRoads.

37. Prior to the use allowed by this permit commences, the application must complete all roadworks specified, to the satisfaction of VicRoads.

38. Works must be constructed in accordance with approved/endorsed layouts, to the satisfaction of VicRoads.

39. Any redundant crossover on Burwood Highway must be removed and the footpath, nature strip and kerbing reinstated to the satisfaction of the Responsible Authority.



Department of Transport Condition

40. The permit holder must take all reasonable steps to ensure that disruption to bus operation along Stud Road and Burwood Highway is kept to a minimum during the construction of the development. Foreseen disruptions to bus operations and mitigation measures must be communicated to the Director of Public Transport fourteen (14) days prior.

Permit Expiry

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

41.1 Stage 1 of the development is not started within two years of the date of this permit, Stage 2 of the development is not started within four years of the date of this permit and Stage 3 of the development is not started within 6 years of the date of this permit.

41.2 Stage 1 of the development is not completed within four years of the date of this permit, Stage 2 of the development is not completed within eight years of this permit and Stage 3 of the development is not completed within 12 years of this permit.

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

NOTES

• Council records indicate that there is an existing VicRoads pit located in the north western front corner of the property. Applicant is to verify this on site. Connect all stormwater drainage discharge from site into this pit. Developer is required to obtain approval from VicRoads and meet all their requirements.

• As part of WSUD, litter baskets shall be installed in all grated/side entry pits. A plan detailing Water Sensitive Urban Design (WSUD) measures to be constructed as part of this development is to be submitted for approval (Litter Baskets, Water tanks and etc.)



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

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

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

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

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

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

• In accordance with Council policy, a 5% public open space contribution may apply in the event of the subdivision of the land.

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

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

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

• Internal public lighting shall be provided to the satisfaction of the relevant authority and in accordance with AS1158. This would generally be low height or bollard type lighting to avoid spill-over into adjacent properties. It may be sensor activated, to avoid all night running costs.

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


SUBSEQUENT MOTION

MOVED: CR. COOPER SECONDED: CR. COSSARI

That Council Officers meet with representatives of the Body Corporate of 410 Burwood Highway Wantirna South, to discuss possible parking management options for that s ite. The out comes of the discussions must be referred to Council for further determination. CARRIED

42 COUNCIL – CITY DEVELOPMENT 24 January 2012 APPENDIX A/1

44 COUNCIL – CITY DEVELOPMENT 24 January 2012 APPENDIX B/1

59 COUNCIL – CITY DEVELOPMENT 24 January 2012 APPENDIX C/1


SCOTT WARD

6.3 APPLICATION TO DEVELOP THE LAND FOR SIXTEEN (16) DWELLINGS AND REMOVAL OF VEGETATION AT 123 CATHIES LANE, WANTIRNA SOUTH, Melway Ref. 63 E12 (Application No. P/2011/6641)

1. SUMMARY:

Land: 123 Cathies Lane, Wantirna South Applicant: Gattini & Partners Proposed Development: Develop t he l and f or s ixteen ( 16)

dwellings and removal of vegetation Existing Land Use: Single dwelling Area/Density: 7,424m2 / 1 : 464m2

Zoning: Residential 3 Zone

Overlays: None Local Policy: Neighbourhood Character Policy

Housing Policy Application Received: 16 August 2011 Number of Objections: 33 PCC Meeting: 15 November 2011 Assessment:

The proposal has been assessed against the Housing Policy, the Neighbourhood Character Policy and ResCode and has been found to generally comply, but does have some areas of non-compliance which can be addressed through permit conditions.

The proposed development is considered to sufficiently address the concerns of the Victorian Civil and Administrative Tribunal’s determination dated 11 March 2011.

An application for review has been lodged with the Victorian Civil and Administrative Tribunal against Council’s failure to determine the application within the prescribed time.

On balance it is considered that the proposal responds well to State and Local Planning Policies, and subject to minor modifications, it is recommended that, if Council were in a position to make a decision, a Notice of Decision to Grant a Planning Permit be issued.

61 COUNCIL – CITY DEVELOPMENT 24 January 2012 6.3 123 Cathies Lane, Wantirna South (cont’d)

2. BACKGROUND

2.1 Background

Council pr eviously r efused an appl ication f or 18 dw ellings and vegetation removal on t he s ite i n July 2010. The appl icant appealed against Council’s decision t o t he V ictorian C ivil and Administrative Tribunal (VCAT) which upheld Council’s refusal of the application.

A new application for 16 dwellings and vegetation removal has been submitted for assessment.



• The subject site is an i rregular, “battle-axe” shaped allotment located to the east of Cathies Lane i n Wantirna with a t otal area of 7,424m2. The site has a s mall nor th-eastern f rontage t o W akely C rescent w hich currently provides f or pedes trian ac cess onl y. The s ite c ontains a double s torey br ick dw elling, l ocated i n t he nor theastern por tion of t he site.

• The surrounding area is residential i n nat ure and c haracterised by a mixture of single and double storey brick dwellings. Dwellings tend to be large with a high degree of site coverage.

• A num ber of t rees ar e s cattered throughout t he eas tern por tion of t he property and i nclude s pecies s uch as Y ellow B ox, Long l eaf B undy, Deodar Cedar, Oak and other non significant weed or exotic species.

2.3 The Proposal


The appl ication pr oposes t o c onstruct 16 dw ellings and remove vegetation. Details are as follows:

• The application proposes to construct 16 dwellings on t he site including four s ingle s torey dw ellings and t welve doubl e s torey dw ellings. Dwellings are a mixture of three and four bedrooms and all dwellings are provided with two car spaces.

• The proposed layout splits access to the dwellings by providing access to five dwellings from Cathies Lane and ac cess to the remaining eleven dwellings via new ac cess f rom W akley C rescent. A pede strian lin k is provided throughout the site.


• The dwellings are proposed to be f inished us ing a m ixture of f ace brickwork, rendered and t extured cladding. Roof forms are a mixture of hipped with tiling and flat metal deck roofs.

• It i s pr oposed t o r emove m ost v egetation f rom t he s ite t o f acilitate the development with the exception of a Yellow Box and D eodar Cedar. A planning permit is r equired t o r emove t wo Long l eaf B undy and one Yellow Box.

3. CONSULTATION

3.1 Advertising

The application was advertised by way of a sign on both the Cathies Lane and Wakely C rescent f rontages and not ices w ere s ent t o adj oining pr operty owners and occupiers. 33 objections were received and ar e summarised as follows:

Increase i n t raffic and on s treet c ar par king i n Cathies Lane and Wakely Crescent and subsequent safety issues.

• The proposal will result in an increase in traffic volumes. However, this increase will not be substantial and is considered appropriate within an urban area. Additionally, the Tribunal in its consideration of a similar proposal for 18 dwellings stated that there is sufficient capacity within the road network to accommodate the additional traffic generated by the development.

Location and number of visitor car spaces inconvenient to dwellings.

• The location of visitor car spaces are central to the development and accessible to all dwellings by pedestrian links. Additionally, Dwellings 6 to 12 and Dwellings 14 to 16 have ample space in front of their garages to accommodate a visitor, above that required by ResCode.

Insufficient space for emergency access and waste collection.

• The application has been referred to CFA and Council’s Waste Management team for comment. The dimensions of accessways is sufficient to enable waste to be collected from the site (whether this is to be done by Council’s contractor or a private contractor is yet to be determined and will be subject to a Waste Management Plan) and for CFA to access the site in an emergency.


No designated pedestrian path provided throughout t he s ite and l ack of disability access.

• The Tribunal, in its consideration of the previous proposal for 18 dwellings, found that a designated pedestrian path was not necessary, and that the accessway can function as a shared zone for pedestrians.

There is no di fference in the ground f loor site coverage of dwellings, despite the removal of two dwellings.

• The applicant has provided additional information in response to this concern. The floor area and site coverage details on the advertised plans have been reviewed and are incorrect. There is a difference of 165.79m2 between the previous 18 dwelling development and the current proposal (representing the deletion of two dwellings). An updated table, provided by the applicant, is attached at Appendix C.

Insufficient area for vehicles to turn around.

• There is sufficient area for cars to manoeuvre and exit the site in a forwards direction.

Compliance with the Neighbourhood Character and Housing Policies.

• An assessment of the application against the Clause 22.07 Neighbourhood Character and Clause 22.10 Housing Policy can be found at Section 4.3.2 of this report.

Compliance with ResCode.

• An assessment of the application against Clause 55 of the Knox Planning Scheme can be found at Section 4.4 of this report.

The density of the development is not characteristic of the area.

• The density of development is considered to be appropriate and represents an acceptable degree of change within the area whilst respecting the character of the area. Additionally, the Tribunal in its previous consideration of a similar proposal for 18 dwellings found that the site was suitable to support a higher density of development than what is currently present within the older subdivisions that surround the site.


The proposed development does not address the Tr ibunal’s concerns and i s very similar to the previous proposal.

• An assessment of the application against the direction contained within the Tribunal’s order dated 11 March 2011, is provided at Section 4.1 of this report.

Contemporary design not in keeping with character of the area.

• An assessment against Council’s Neighbourhood Character policy is provided at Section 4.3.2 of this report.

Increase in noise from vehicles, pets, parties.

• The increase in noise should not be unreasonable within a residential area.

Loss of privacy.

• Opportunities for overlooking have been addressed through conditions of any permit issued.

Not enough areas for landscaping provided.

• The design response includes improved landscaping opportunities throughout the site, in accordance with the Tribunal’s direction. This is with the exception of the southern boundary of the ‘axe handle’ of the site, where additional landscaping opportunities are required. This will form conditions of any permit issued.

Impact on property values.

• This is not a planning consideration.

3.2 Planning Consultative Committee Meeting

A P lanning C onsultative C ommittee (PCC) M eeting w as hel d at t he C ivic Centre on 15 N ovember 2011. The c oncerns of the objectors were expressed, and t he appl icant pr esented t he design concepts. Objectors expressed the following concerns:

• Proposal does not address VCAT’s concerns sufficiently

• Neighbourhood character and density of development

• Increased t raffic on W akely C rescent, ac cess ar rangements and c ar parking provision

• Need for a pedestrian walkway throughout the development


• Emergency vehicle access

• There is no di fference i n t he gr ound f loor s ite c overage of dw ellings, despite the removal of two dwellings

• The design of Dwelling 16 viewed from Wakely Crescent

• Amenity impacts including overlooking, overshadowing and noise and health

• Property values

No agreements were reached at the PCC meeting.

3.3 Referrals

The appl ication has been r eferred t o C FA and i nternal depar tments f or comment. No objection has been r aised; t he f ollowing i s a s ummary of relevant advice:

Traffic Engineer

• No objection subject to conditions to be included on any permit issued to improve sight lines, incorporate speed humps, bicycle facilities and public lighting.

Drainage Engineer


Arborist

• Of the trees on site, two Yellow Box and two Long leaf Bundy are protected by Clause 52.17. The two Long leaf Bundy are in poor condition. A net gain offset is required.

• One Oak and one Deodar Cedar are in good condition and merit retention. The remainder of vegetation on site comprise either environmental weeds or are in poor condition and do not merit retention.

Waste Management

• Waste collection is to be undertaken internally to the site. A condition on any permit issued will require a Waste Management Plan to be approved.

CFA

• No objections and no conditions requested.


4. DISCUSSION


4.1 VCAT Order dated 11 March 2011

Planning Application P/2009/6985 was hear d at t he V ictorian C ivil and Administrative Tribunal on 10 and 28 Febr uary 2011, against Council’s refusal of the application for 18 dwellings and vegetation removal on the land. On 11 March 2011, VCAT issued an Order upholding Council’s decision to refuse the application.

The Tribunal’s O rder s tated t hat t he s ite w as s uitable t o s upport a hi gher density of dev elopment t han w hat i s c urrently pr esent w ithin t he ol der subdivisions that surround the site and provided direction on where the design needed to be improved. It should be not ed that the Tribunal also stated that there is sufficient capacity within t he r oad net work t o ac commodate t he additional traffic generated by the development. The f ollowing is a s ummary of the Tribunal’s advice, and an as sessment of how t his r evised appl ication responds to it:

The Tribunal raised concern over the f lat roof des ign of Dwelling 1, as i t felt that it did not sit comfortably within the Cathies Lane streetscape.

• This application addresses this concern by incorporating a pitched roof form for Dwelling 1.

The Tr ibunal ex pressed c oncern ov er t he v isual bul k and v iews of the development f rom 62 W akley C res, calling for gr eater s eparation bet ween units 15, 16 and 17 with attention to be provided to landscaping opportunities.

• This application has incorporated the removal of a dwelling from this part of the development and dwelling setbacks from the eastern boundary have been increased. The amount of room for landscaping has been improved, particularly between Dwellings 14 and 15 where the development is most visible from 62 Wakely Cres.

The Tribunal called for further attention to breaking up / separating the upper levels along the north south ax is (dwellings 9 t o 12) to reduce v isual bulk to properties in A lana C ourt and f or addi tional l andscaping oppor tunities al ong this portion of the western boundary.


• This application provides for larger dwelling setbacks at the ground level for Dwellings 8 to 11 from the western boundary which will improve screen landscaping opportunities. There has also been an improvement in the breaking up of upper floor area, particularly between the upper floors of Dwellings 8 and 9.

The Tr ibunal c alled f or gr eater l andscaping along the northern boundary of Dwellings 2, 3, 4 and 5 and us ed 3 B illabong Court as an example of where landscaping needed to be improved greatly.

• One dwelling has been removed from the western portion of the site and greater setbacks have been provided along the northern boundary, allowing for greater landscaping opportunities and reducing visual bulk and the amount of building visible from adjoining dwellings to the north.

The Tribunal called f or m ore s ignificant l andscaping al ong t he s outhern boundary.

• This application shows minor improvements in landscaping along the southern boundary, but it is considered, not to be to the extent that the Tribunal was after. A condition on any permit issued should require additional landscaping along the southern boundary – this may necessitate the reduction in floor area of Dwellings 2 to 5.

The Tribunal discussed a number of access and car parking concerns. While it was noted that the CFA requirements were met and t he v isitor car spaces relocated, the Tr ibunal r aised c oncern t hat i n doi ng s o, l andscaping opportunities were substantially reduced.

• The application addresses the need for a (car) turning circle in the eastern portion of the site. CFA requirements and waste collection can be met. The design of the turning area and visitor spaces in the centre of the site has been altered and while similar in proportions, the shape of this area has been altered to improve landscaping opportunities.


4.2.1 Residential 3 Zone

The site is located within the Residential 3 Zone. Within the Residential 3 Zone (R3Z) a planning permit is required to construct a dwelling if there is already a dwelling on the lot.


The Schedule to the Zone changes the private open space requirements of ResCode by increasing the total private open space for each dwelling from 40m2 to 60m2. Also, a minimum area of 40m2 must now be provided with a minimum width of 5 metres.

• Each dwelling has been provided with more than the minimum private open space areas.



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

Key Policies:

Clause 15 B uilt E nvironment and H eritage – Encourages hi gh qual ity architecture and ur ban des ign outcomes that r eflect t he par ticular characteristics, as pirations and c ultural i dentity of the community; enhances l iveability, di versity, am enity and s afety of t he publ ic realm; and promotes attractiveness of towns and c ities within broader strategic contexts.

• The development incorporates a range of visually interesting roof forms and materials which break up the double storey built form. The design of the development represents an acceptable degree of change within the area whilst respecting the character of the area and retaining significant vegetation on site.

Clause 15.02 S ustainable D evelopment – Ensure l and us e and development is consistent with t he ef ficient us e of ener gy and t he minimisation of greenhouse gas emissions.

• The proposal has been designed to maximise northerly orientation for private open space where possible. A condition of any permit issued will require a Sustainable Design Assessment to be submitted to Council’s satisfaction.

Clause 16 H ousing – Encourage t he dev elopment of w ell-designed medium-density hous ing t hat r espects t he neighbourhood character; improves hous ing c hoice; m akes bet ter us e of existing infrastructure; and, improves energy efficiency of housing.


• Neighbourhood c haracter – a thorough assessment of the development against the Neighbourhood Character Policy is provided at Section 4.3.2 of this report.

• Housing choice – providing sixteen dwellings on smaller sized lots increases housing choice in the area.

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

• Energy ef ficiency – this has been discussed above at Clause 15.02 above.

Clause 18 Tr ansport – Ensure t hat ac cess i s pr ovided t o al l av ailable modes of transport.

• The site is located within 93 metres walking distance of a bus stop on Cathies Lane, which is serviced by bus routes No. 736.

• Bus route 736 from Mitcham to Blackburn via Vermont South, Glen Waverly and Forest Hill operates at various intervals from 5.55am to 9.43pm Monday to Friday with peak times every 15 minutes. Saturday services run half hourly from 6.54am to 9.46pm. Sunday services operate from half hourly from 8.43am to 9.25pm.


Clause 21.05-2 Municipal Strategic Statement (MSS) The MSS seeks to reduce t he pr evalence of i nfill hous ing dev elopment in dispersed locations as a m ajor form of housing development by promoting activity centres and key redevelopment strategic sites as the preferred location.

• The site is not located in an Activity Centre or key redevelopment site.

The M SS f urther s eeks t o m anage t he need f or m ore hous ing and maintaining the valued qualities of identified areas of environmental and character significance. The MSS supports development that respects the existing or preferred residential neighbourhood character.

• While the land is not in an Activity Centre, the proposal, provided it respects existing or preferred neighbourhood character, can be consistent with the requirements of the MSS.


• An assessment against Council’s preferred Neighbourhood Character Policy (Clause 22.07) is below.

Clause 22. 07 N eighbourhood C haracter: V illa C ourt P recinct – The desired future character of t his ar ea i s f or “ Predominantly l arge s cale dwellings set within an open garden setting.”

The key design objectives are:

To retain and enhance the s treetscape by t he pl anting of appr opriate trees on private land

• The proposed development retains significant vegetation, one Yellow Box and one Deodar Cedar on site. There is also ample opportunity to enhance the streetscape by planting within the Cathies Lane and Wakely Crescent frontages, the private open spaces of each dwelling and within common property areas.

To ensure buildings reflect the general scale of buildings in the street.

• The proposed development incorporates a number of large dwellings which reflects the scale of existing dwellings within Cathies Lane and Wakely Crescent. There are ample opportunities for landscaping to ensure that double storey built form blends with the landscape. A condition of any permit issued will require additional landscaping along the southern boundary of the axe handle.

To minimise unnecessary loss of garden space, and dom inance of car storage facilities.

• Car storage facilities are located to the rear or to the side of dwellings and do not dominate the streetscape.

To m aintain a pl easant and s afe pedes trian env ironment by providing landscaped front yards.

• There are ample opportunities to landscape the Cathies Lane and Wakely Crescent frontages.

Clause 22.10 Housing: Medium Density – The Housing Policy at Clause 22.10-1 recognises that the population of K nox w ill gr ow by 12, 000 persons and 15,000 households over the 25 years to 2030.


In response to this forecast, the housing policy directs that infill medium density hous ing i n di spersed r esidential l ocations respects and complements t he des ired f uture r esidential c haracter objectives of Clause 22.07 Neighbourhood Character policy.

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

The pr oposed dev elopment w ill c ontribute t o a di versity of housing in Knox.

• The proposed dwellings contain between three and four bedrooms each with small yards which can provide accommodation for a variety of household types.

The proposed development makes a pos itive contribution to the desired future neighbourhood c haracter as i dentified at C lause 22. 07 Neighbourhood Character policy or an approved structure plan or urban design framework.

• As discussed above, the proposed development is considered to be an appropriate response to the Neighbourhood Character Policy.

There i s ac cess t o f requent publ ic t ransport s ervices between 6.00am and 11.00pm daily, seven days a week.

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

4.4 Clause 52.17 Native Vegetation

Clause 52.17 seeks to protect and c onserve nat ive v egetation by av oiding, minimising and of fsetting vegetation removal. A permit is required to remove native vegetation on l ots over 4000m 2 unless exempt by the table at Clause 52.17-6. A s a r esult, t he pr inciples of net gai n apply pursuant to the Native Vegetation M anagement Fr amework. The f ramework i ncludes a t hree s tep approach t o pr otection and c learance of native vegetation; avoid, minimise and offset. The f ramework seeks to avoid the removal of native vegetation. If the removal of nat ive v egetation c annot be av oided; t he r emoval of nat ive vegetation through appropriate planning and des ign should be minimised and any loss of native vegetation appropriately offset.


• Of the trees proposed to be removed, two Yellow Box and two Long leaf Bundy are protected by Clause 52.17. The proposed layout of the development has satisfactorily avoided and minimised the removal of native vegetation by designing the development around the most significant vegetation. The two Long leaf Bundy are in poor condition and not worthy of retention. The more significant Yellow Box located on the southern boundary will be retained, while the other Yellow Box is poorly located to allow retention. A net gain offset will be required for the trees lost on site (calculated by offsetting the protected trees on site, whether being retained or removed in accordance with VCAT’s Villawood Properties vs. Greater Bendigo CC decision) and this offset will be required to be planted offsite. A condition of any permit will reflect this.

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

The proposal generally complies with the provisions of Clause 55 of the Knox Planning Scheme, an as sessment of t he key c riteria; i ncluding any areas of non compliance are considered below:

Neighbourhood Character and Infrastructure

Neighbourhood Character – Complies, refer to Section 4.3.2 above.

Site Layout and Building Massing

Street Setback - Complies

Building Height - Complies

Site Cover/permeability – Complies

Energy Efficiency – Complies. A condition of any permit issued will require the submission and approval of a Sustainable Design Assessment.

Landscaping – A condition on any permit issued will require a landscape plan be submitted and approved.

Access – Clause 55.03-9 states that the width of accessways should not exceed 40% of the street frontage. The proposed crossover at Wakely Crescent exceeds 40% of the street frontage, due to its narrow (11.68 metre) frontage. The width of the proposed crossover is necessary to provide access for waste and emergency vehicles and allow vehicles to pass one another safely. The width of the crossover is not expected to compromise safe vehicular movements within Wakely Crescent and will not unreasonably impact upon on street car parking.


Pursuant to the decision guidelines of Clause 55.03-9, Council is required to consider the requirements of the relevant fire authority. Council referred the application to the CFA, who has not objected or specified any permit conditions.

Parking P rovision – A condition on any permit issued will require bicycle parking spaces to be provided for each dwelling.

Parking Location – Complies

Amenity Impacts

Side and rear setbacks – Complies

Walls on boundaries – Complies

Daylight to existing windows/north facing windows – Complies

Overshadowing open space – Complies

Overlooking – There is some minor opportunities for overlooking from some upper floor windows of dwellings to the east and west. However, as the 2.2 metre high brick fence is to be retained, sight lines comply with the building regulations. This is considered acceptable.

Internal views – Complies

On-Site Amenity and Facilities

Daylight to existing windows – Complies

Private Open Space – Complies

Solar access – Complies

Storage – Complies

Front fence – Complies

4.6 Financial Implications

There are no direct costs to Council apart from provision of the usual domestic services.


5. CONCLUSION

Clause 11 of the Knox Planning Scheme requires Council to balance relative policy obj ectives w hen m aking dec isions t o ens ure r esulting development is sustainable and ac hieves a net c ommunity gai n. I n t his c ontext, the development is appropriate given the following:

• The pr oposed dev elopment i s c onsidered t o sufficiently address the concerns of t he V ictorian C ivil and A dministrative Tr ibunal’s determination dated 11 March 2011, par ticularly i n r elation t o neighbourhood character, landscaping opportunities and access.

• The pr oposed dev elopment i s c onsidered an appropriate design response within the character of the area.

• The proposed development is generally c onsistent w ith t he H ousing Policy. The s ite i s l ocated t o t ake adv antage of public transport, local shops and services.

• The development, with minor modifications, will comply with ResCode.

6. CONFIDENTIALITY


RECOMMENDATION

That if Council were in a position to make a decision within the prescribed timeframes of the Planning & Environment Act 1987, that Council issue a Notice of Decision to Grant a Planning Permit to develop the land for sixteen dwellings and removal of vegetation at 123 Cathies Lane, Wantirna South, subject to the following conditions:

Amended plans

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



1.1 Greater width in the landscaping beds along the southern boundary. This may necessitate the reduction in floor area of Dwellings 2 to 5 and must not impact upon the landscaping opportunities within the private open space areas of these dwellings, or on the accessway dimensions.

1.2 Speed humps shall be installed in the access way to control vehicle speeds in accordance with AS2890.1 Clause 2.3.3.

1.3 The Hazard Marker sign near the proposed crossover on Cathies Lane to be lowered so that its top is no higher than 900mm.

1.4 Tree Protection measures in accordance with Conditions 10 to 13 of this Planning Permit.

1.5 Bicycle parking provided in accordance with Clause 55.03-11 of the Knox Planning Scheme.

1.6 The visitors spaces to be clearly identified using linemarking and signage.

1.7 Locations and details of water tanks.

1.8 The letterboxes, meter boxes and other structures shall be constructed to a maximum height of 900mm or relocated clear of a splayed area near the access ways in accordance with AS 2890.1, Clause 3.2.4 to ensure safe sight distances.

1.9 Drainage plans as described in Condition 2 of this permit.

1.10 Landscaping plans as described in Condition 3 of this permit.

1.11 A Sustainable Design Assessment in accordance with Condition 6 of this permit.

1.12 A Waste Management Plan in accordance with Condition 8 of this permit.

to the satisfaction of the Responsible Authority.



Drainage plans

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

2.1 An on-site detention system designed by a suitably qualified engineering consultant to ensure no net increase in storm water discharge from the proposed development.

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


to the satisfaction of the Responsible Authority

Landscape plans

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

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

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

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

3.4 Details of the surface finishes of pathways and driveways.

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



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

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



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



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

Waste Management Plan

8. Before the development commences, a waste collection and management plan must be submitted to and approved by the Responsible Authority, demonstrating how waste collection will be undertaken on site, including the operation of the garbage and recyclables storage area. Garbage and recyclables storage and collection must be undertaken in accordance with the approved plan/documentation to the satisfaction of the Responsible Authority.



Net Gain Offset

9. The removal of vegetation authorised by this permit requires that a Net Gain Offset be provided in accordance with the principles of the Victorian Native Vegetation Management Framework to compensate for the removal of the vegetation. The Net Gain Offset can be provided by either:

9.1 A financial contribution paid to the Knox City Council Net Gain Reserve. Knox City Council will then be responsible for the planting and maintenance of the offset planting as required by the principles of Net Gain in the Native Vegetation Management Framework.

Should the applicant request Knox City Council to implement the Offset Plan, the total cost of implementation as calculated by Knox City Council must be paid to the Knox City Council Net Gain Reserve prior to the commencement of vegetation removal.

OR

9.2 A Net Gain Offset Plan submitted to and approved by the Responsible Authority. Three copies of the plan must be provided. When approved, the plan will be endorsed and will then form part of this permit. The plan must include details of the:

9.2.1 Vegetation to be removed.

9.2.2 Net Gain targets.

9.2.3 Offset(s) to compensate for the vegetation removal.

9.2.4 Details of the implementation (including timing) and monitoring of the Offset Plan.

9.2.5 Details of how the offset areas are protected and maintained in perpetuity.


The Net Gain Offset Plan required by this option must be submitted to and approved by the Responsible Authority prior to the commencement of vegetation removal.



Tree Protection

10. All works, including excavation, within the critical root zone areas of the tree/s to be retained and other critical root zones on the land must be undertaken under the supervision of a qualified Arborist to ensure that there is no unreasonable damage to the root system of trees to be retained and/or protected, to the satisfaction of the Responsible Authority. Before the development starts, the owner must submit to the Responsible Authority details of the name of the Arborist who will supervise the works and the tasks to be undertaken by the Arborist, to the satisfaction of the Responsible Authority.

11. Prior to any works commencing on the site, all trees and vegetation to be retained including other critical root zones must be fenced off to create a protection zone. The protection zone must extend around the trees canopy drip-line unless an alternative tree protection zone has been approved by the responsible authority.

11.1 The fence is to be chain link or wire mesh, comprise either wooden or steel posts set into the ground or on concrete pads, and be a minimum height of 1.4 metres. Signage is to be affixed to the fence advising that the area is a tree protection zone and a no-go development area.

11.2 The fence and signage is to be maintained throughout the construction period and removed at the completion of all works.

11.3 No temporary removal of the fence or encroachment into the protection zone is permitted without the written consent of the responsible authority.

11.4 Prior to erecting the fence around the tree protection zone, all unwanted vegetation and weed species must be removed from within the zone, and the ground within the protection zone must be covered with a layer of well composted organic mulch (maximum 100mm depth). The area is to be watered at least fortnightly throughout the construction period.

12. The following activities are prohibited from the tree protection area, without the written consent of the responsible authority:

12.1 Construction activities.



12.2 Dumping and/or storage of materials, goods and/or soil.

12.3 Trenching or excavation.

12.4 Lopping branches, nailing or affixing signs, service lines, lights etc to the trees.

13. Prior to any works commencing on site, the Responsible Authority must be contacted to inspect the Tree Protection fencing.

Fencing

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

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

Car parking and Traffic

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

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

18. All fences and landscaping near accessways shall be splayed, reduced in height or visually permeable to ensure safe sight lines in accordance with AS2890.1, Clause 3.2.4.

General




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



Amenity


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

23.2 Parking of motor vehicles

23.3 Transporting of materials or goods to or from the site

23.4 Hours of operation

23.5 Stockpiling of top soil or fill materials

23.6 Air borne dust emanating from the site

23.7 Noise

23.8 Rubbish and litter

23.9 Sediment runoff


Permit Expiry


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

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




NOTES:

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

• Our records indicate that Melbourne Water is the responsible authority for drainage assets in the vicinity of the proposed development. Connection to the Melbourne Water system will be according to Melbourne Water requirements. The point of stormwater drainage discharge for the proposed development will be as directed by Melbourne Water.

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

• For all Tc and Tso calculations, please contact Council’s Drainage Department on telephone number 9298-8147.

Other Notes:

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

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

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

• The dwelling/s must achieve a minimum 5-Star Energy Rating.

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

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


COUNCIL RESOLUTION MOVED: CR. COOPER SECONDED: CR. MORTIMORE

That Council Issue a Notice of Refusal to Grant a P lanning Permit for the dev elopment of 16 dw ellings an d removal of v egetation at 123 Cathies Lane, Wantirna, on the following grounds:

1. The proposed development does not reflect the directions of the Victorian Civil and A dministrative Tr ibunal’s O rder dat ed 11 March 2011 in relation to Application for Review no. P2158/2010.

2. The proposed development is inconsistent with the character of the ar ea, i ncluding t he s ingle dw elling c ovenants on t he surrounding area.

3. The proposal represents an overdevelopment of the site through building bulk and mass, dwelling density and lack of open space.

4. The proposed development is i nconsistent w ith requirements of Clause 55, i n par ticular ov erlooking, neighbourhood character, landscaping and visual bulk.

5. The pr oposed dev elopment w ill r esult i n unreasonable amenity impacts to adjoining properties.

CARRIED


APPENDIX A/1


APPENDIX A/2


APPENDIX A/3


APPENDIX B/1


APPENDIX B/2


APPENDIX B/3


APPENDIX B/4


APPENDIX B/5


APPENDIX B/6


APPENDIX B/7


APPENDIX C/1


TIRHATUAN WARD

6.4 APPLICATION TO DEVELOP THE LAND FOR A THREE STOREY APARTMENT BUILDING CONTAINING 28 DWELLINGS, ASSOCIATED CAR PARKING AND CREATION OF ACCESS TO A CATEGORY 1 ROAD AT 1084-1086 STUD ROAD, ROWVILLE (Application No. P/2011/6040)

1. SUMMARY:

Land: 1084-1086 S tud R oad, R OWVILLE VIC 3178

Applicant: ABP Consultants Pty Ltd Existing Use: Single dwellings Proposed Development:

Development of t he l and f or a t hree storey apartment bui lding c ontaining 28 dw ellings, associated basement c ar par king and creation of ac cess t o a C ategory 1 Road (Stud Road)

Area/Density: 1970m2 / 1 : 70m2 Zoning: Residential 1 Zone Overlays: None Local Policy: Municipal Strategic Statement (MSS)

Housing Policy: Clause 22.10 Neighbourhood Character: Clause 22.07

Application Received:

25 January 2011

Number of Objections:

55

PCC Meeting: 18 October 2011 Assessment:

The proposal has been assessed against the Housing Policy, the Neighbourhood Character Policy and ResCode and, subject to minor modifications to be addressed through permit conditions, has been found to generally comply.

On balance it is considered that the proposal responds well to State and Local Planning Policies, subject to minor modifications. It is recommended that a Notice of Decision be issued subject to conditions.

96 COUNCIL – CITY DEVELOPMENT 24 January 2012 6.4 1084 – 1086 Stud Road, Rowville (cont’d)

2. BACKGROUND

2.1 Background

By way of background, the Stud Park Structure Plan (Stage 2), which seeks to provide direction for future development within the broader areas surrounding the Stud Park Shopping Centre was adopted by Council in June 2010 and, as an appr oved pl an, pr ovides gui dance t o C ouncil i n as sessing dev elopment applications within the Structure Plan area.

On 27 A pril 2011, Council resolved to review the Stud Park Structure Plan – Stage 2 and adopt an i nterim height limit o f 3 s toreys (9 me tres) i n th e proposed Substantial and Moderate Change areas. C ouncil resolution i s as follows:

“That Council:

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

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

3. Adopt an i nterim 3 s torey hei ght l imit ( 9 m etres) i n t he proposed Substantial and Moderate Change areas pending the outcome of the Stud Park Structure Plan review.

4. Refer the Stud Park Structure P lan r eview t o t he Housing Advisory Committee t o ens ure t hat t he f indings ar e c onsistent w ith t he Housing Policy review currently underway.

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

Given the decision of Council to Review the Stud Park Structure Plan (Stage 2) and the location of the site in a Substantial Change area; no weight is given to the Plan or D esign G uidelines i n t he as sessment of t his appl ication and instead, the application m ust be as sessed agai nst t he N eighbourhood Character Policy at Clause 22.07.

The following report reflects this direction of assessment.




• The s ubject s ite i s r ectangular in shape, located on t he western s ide of Stud Road in Rowville. The site comprises two lots with an overall area of 1970m2 and a frontage to Stud Road of 40.24 metres. Three single storey brick dwellings and associated out buildings c urrently ex ist on the site. The site contains a num ber of large trees, particularly within the northern portion of the site. The site is accessed via the Stud Road service lane.

• Adjoining pr operties ar e used f or r esidential pur poses. D wellings in the immediate area contain a mix of single and double storey brick dwellings. A three storey apartment bui lding was recently approved by the Tribunal on t he s ite i mmediately t o t he s outh. Stud P ark S hopping C entre i s located immediately opposite t he s ite t o t he eas t. The s ubject si te i s located within the Stud Park Major Activity Centre.

2.3 The Proposal


The appl ication pr oposes t o c onstruct 28 dw ellings w ithin a t hree s torey apartment building. Details of the proposed development are as follows:

• 26 dwellings containing two bedrooms and t wo dwellings containing one bedroom. All dwellings are provided with amenities, kitchen, an open plan living/meals area and a balcony.

• A communal open space ar ea i s pr ovided at gr ound l evel on t he nor th side of the development.

• An at grade car park, accessed via a crossover near the northwest corner of t he s ite, containing 28 c ar spaces f or r esidents and 5 c ar spaces f or visitors. S torage, w aste s torage and bi cycle par king s paces ar e also located at this level.

• The development will have a total height of 9 metres.

• Three Eucalypts and a G revillea are proposed to be r etained. All other vegetation is proposed to be removed from the site.

3. CONSULTATION

3.1 Advertising

The application was advertised by way of signs on bot h frontages of the site and not ices w ere s ent t o adj oining pr operty ow ners and occupiers. 55 objections were received. The concerns r aised i n t he obj ection and a response to these concerns are provided below:


Status of Stud Park Structure Plan

• On 27 April 2011, Council resolved to review the Stud Park Structure Plan – Stage 2 and adopt an interim height limit of 3 storeys (9 metres) in the proposed Substantial and Moderate Change areas. Given the decision of Council to review the Stud Park Structure Plan (Stage 2) and the location of the site in a Substantial Change area; no weight is given to the Plan or Design Guidelines in the assessment of this application and instead, the application must be assessed against ResCode, the Housing Policy at Clause 22.10 and the Neighbourhood Character Policy at Clause 22.07.

Building bulk, height and density of the development

• The building scale is considered appropriate within a Major Activity Centre, opposite the core retail centre and on a major road. The height of the development is 9 metres, consistent with Council’s interim height limit for the substantial change area and consistent with ResCode.

• Additionally, a three storey residential development was recently approved by the Victorian Civil and Administrative Tribunal on the site immediately to the south (Jilip Eleven Pty Ltd v Knox CC [2011] VCAT 2094 (4 November 2011)). In its consideration of that development, the Tribunal found that the current provisions of the Knox Planning Scheme provide strategic imperative to consider built form of this nature favourably. While a balance between neighbourhood character and the provision of additional housing is needed, the Tribunal gave more weight to the provision of additional housing within a Major Activity Centre, than ensuring that the neighbourhood character of the area stays completely in tact.

Neighbourhood character

• Refer to Section 4.2.2 of this report.

Impact of development on large trees

• The applicant has, at Council’s Arborist’s request, undertaken root investigation works to locate roots and determine the impact of the development on these trees. Some minor modifications to the building setback from the western boundary are required to protect trees on adjoining properties.

Compliance with ResCode including overlooking and overshadowing

• A full assessment against the objectives of ResCode, including overlooking and overshadowing is provided at Section 4.3 of this report.


Traffic congestion, on site car parking and safety

• The number of car parking spaces provided for both residents and visitors are in accordance with ResCode standards. Subject to minor modifications to the car park layout, Council’s Traffic Department and VicRoads have not objected to the proposal.

• In terms of traffic generation and congestion, the Tribunal in its consideration of the three storey development application located immediately to the south, reinforced that Council must consider this as part of its structure planning for the area, rather than trying to deal with it through individual applications.

Rubbish collection and location of bins

• The Applicant has prepared a Waste Management Plan and standard conditions will be placed on any permit issued to ensure that waste is collected internally from the site.

Impact on infrastructure

• Conditions on any permit issued will ensure the site is adequately drained so as not to put any additional pressure on the existing system. Provision of sewerage and electrical infrastructure must be to the satisfaction of the relevant authorities.

Lack of public transport in area

• Public transport availability is outlined at Section 4.2.1 of this report. The site is located on Stud Road, a Principal Public Transport Network.

Increase in noise and pollution

• The development is residential in nature and will not result in an unreasonable increase in residential noise.

Devaluation of property

• Devaluation of properties is not a planning consideration.

3.2 Planning Consultative Committee Meeting

A Planning Consultation C ommittee ( PCC) M eeting w as hel d at t he C ivic Centre on 18 October 2011. Objectors expressed the following main concerns with the proposal:


Traffic

• Existing traffic congestion in surrounding streets

• Limited public transport in the area

• Potential increase in traffic congestion and on street car parking

• Number of car parking spaces provided

Neighbourhood character

• Three storey built form out of character

• Density of proposed development

• Overdevelopment

Design and layout

• Overshadowing of adjoining properties

• Overall design of building resulting in unreasonable visual bulk

The appl icant under took t o c onsider r edesigning t he development to two double s torey apar tment bui ldings and t o m eet f urther w ith l ead objectors. The applicant has since advised that they wish to proceed with the application in its current form.

3.3 Referrals

The application has been referred to internal departments and external referral authorities for comment. No obj ection has been r aised; t he f ollowing i s a summary of relevant advice:

Traffic Engineer

• Council’s Traffic Engineers raised a number of issues in relation to the layout of the proposed carparking area including widths of parking spaces and aisles, crossover width, turning circles and ramp grades. Conditions on any permit issued will rectify these issues.

Drainage Engineer

• Standard drainage conditions to be placed on any permit issued


Arborist

• The applicant has undertaken root exploratory works to identify what impact the development will have on the trees to be retained both within the property and within neighbouring properties. The trees proposed to be retained on site will not be affected by the development. However, the Eucalyptus nicholli and Eucalyptus cephalocarpa located on the adjoining property to the west had large roots found and no excavation may occur within the Tree Protection Zone (4.6 metres) of these trees. This will require minor modifications to the rear setback of the building and will be addressed through conditions of any permit issued.

Parks Department

• No objection to the removal of one street tree.

Strategic Department

• No objection to the issuing of a planning permit.

Waste Management

• Waste storage and collection will need to be undertaken within the confines of the site by a private contractor.

Sustainable Design

• The Sustainable Design Assessment submitted with the proposal is generally acceptable subject to increasing the water tank capacity to 30,000L and incorporating fixed shading eaves to the windows on the second floor facing northeast and west. This will be included as conditions of any permit issued.

Country Fire Authority

• No objections, no permit conditions.

VicRoads

• No objections, no permit conditions.

4. DISCUSSION




4.1.1 Residential 1 Zone

The l and i s l ocated w ithin a R esidential 1 Zone. A pl anning per mit i s required to construct two or more dwellings on a lot.

The schedule to the zone does not contain any requirements applicable to this development.

• The purpose of the R1Z supports the proposed development by encouraging residential development that meets the housing needs of a variety of household types.

4.1.2 Overlays

No overlays affect the site.



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

Key Policies

Clause 15 B uilt E nvironment and H eritage – Encourages hi gh qual ity architecture and urban design out comes t hat r eflect t he par ticular characteristics, as pirations and c ultural i dentity of the community; enhances l iveability, di versity, am enity and s afety of t he publ ic realm; and promotes attractiveness of towns and c ities within broader strategic contexts.

• It is considered that the proposed development strikes an appropriate balance between respecting the character of the area and providing additional housing within a Major Activity Centre. The development incorporates visually interesting and good quality architecture along its Stud Road frontage. The retention of large trees and the ability to provide landscaping within the setbacks will soften the appearance of the development. Alterations are required to the upper level setbacks at the northwestern and south eastern corners of the building to ensure ResCode compliance.


Clause 15.02 S ustainable D evelopment – Ensure l and us e and development is consistent with t he ef ficient us e of ener gy and t he minimisation of greenhouse gas emissions.

• The density of the development contributes to the consolidation of urban development being located within reasonable distance to urban services and transport. Dwellings are generally provided with good solar access. A Sustainable Design Assessment was submitted with the application and requires some minor modifications to ensure a good outcome (as detailed above). These will be addressed through conditions on any permit issued.

Clause 16 H ousing – Encourage t he dev elopment of w ell-designed medium-density hous ing t hat r espects t he neighbourhood character; improves hous ing c hoice; m akes bet ter use of ex isting i nfrastructure; and, improves energy efficiency of housing.

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

• Housing c hoice – The mix of one and two bedroom dwellings provides a form of housing currently not common in the area and contributes to a greater choice of housing options.

• Existing i nfrastructure – the site is located within a fully serviced area.

• Energy ef ficiency – this has been discussed above under Clause 15.02.

Clause 18 Tr ansport – Ensure t hat ac cess i s pr ovided t o al l av ailable modes of transport.

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

• Smart Bus routes 900 runs along Stud Road, with the closest bus stop located approximately 200 metres to the north of the site. The service runs between Stud Park Shopping Centre and Caulfield via Chadstone Shopping Centre from 5am to midnight between two to five times an hour on weekdays, from 5.44am to midnight twice an hour on Saturdays, and from 7am to 10pm twice an hour on Sundays.

• Smart Bus routes 901 runs along Stud Road, with the closest bus stop located approximately 200 metres to the north of the site. The service runs between Frankston and Melbourne Airport from 5am to midnight between two to five times an hour on weekdays, from 6am to midnight twice an hour on Saturdays, and from 7am to 6pm twice an hour on Sundays.


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

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

• Bus route 681 operates an occasional service along Stud Road, with the closest bus stop located approximately 200 meters to the north of the site. The one-way service runs between Lysterfield and Knox City at less than hourly intervals from 6:35am to 9pm.


Clause 21.05-2 Municipal Strategic Statement (MSS) The MSS seeks to reduce t he pr evalence of i nfill hous ing dev elopment in dispersed locations as a m ajor form of housing development by promoting activity centres and key redevelopment strategic sites as the preferred location.

• The site is located in a Residential 1 Zone within a Major Activity Centre and located on a Principal Public Transport Network. As such, there is considered to be strong justification for additional housing within this location.

The M SS f urther s eeks t o m anage t he need f or m ore hous ing and maintaining the valued qualities of identified areas of environmental and character significance. The MSS supports development that respects the existing or preferred residential neighbourhood character.

• The proposed development is considered to strike an appropriate balance between the objective to provide additional housing within a Major Activity Centre and the character of the area. It is important to acknowledge that despite whether there is a structure plan or not for an area, the character of a Major Activity Centre will change over time.

• The height and scale of the development is considered to be consistent with the design objectives of the Garden Suburban Precinct as well as the main road setting of the development. Conditions will be required to ensure the development complies with ResCode with respect to side setbacks.


Clause 22.07 Neighbourhood Character: Garden Suburban

While the site is located within a s tructure plan area, given the pending review of t he s tructure pl an, no w eight c an be gi ven t o it in the assessment of t his appl ication. A s a r esult, assessment must then be made against the Neighbourhood Character Policy. Within the Neighbourhood Character Policy, the site is specified as being in a Garden Suburban Precinct. The desired character of this area is for “Low scale dwellings set within an open landscape with occasional large native trees and in some precincts large stands of native trees”. Design objectives of the Garden Suburban Precinct are as follows:

To retain the tall trees.

• The proposed development has been designed to include the retention of Eucalypts and the incorporation of these trees within a communal open space area along the northern boundary. There is also the ability to plant vegetation within the setbacks of the site, including the front setback which will contribute to softening the appearance of the building from the street. Additionally, conditions on any permit issued will reduce impact on neighbouring properties.

To maintain the continuity of garden character between dwellings. • The design response proposes sections of the building to be

recessed at the side and rear elevations in order to break up the built form across the site, reflecting the separation between dwellings that is characteristic of surrounding area. There are sufficient opportunities for planting within setbacks to contribute to the garden character.

To minimise the dominance of buildings from the street.

• The appearance of the development from Stud Road is appropriate, given the main road and activity centre setting. More important is the visual dominance of the building as viewed from residential environs to the side and rear, and subject to modifications to upper level setbacks to ensure ResCode compliance, this is considered appropriate.

To m inimise loss of f ront garden space, and dom inance of car storage facilities.

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


• The 5.5 metre front setback to the development is, given the location of the site within an activity centre and fronting onto a major road, suitable subject to conditions requiring a suitable landscaping plan including canopy tree planting.

Clause 22.10 Housing: Apartment style residential development The Housing Policy at Clause 22.10-1 recognises that the population of Knox will grow by 12,000 persons and 15, 000 households over t he 25 years to 2030.

It is policy that:

Apartment and m ulti-storey m ixed us e s tyle hous ing dev elopment be encouraged in the Business Zones within the principal and major activity centres.

• The proposed apartment development is not located within the Business Zone of a principal or major activity centre.

If an appr oved s tructure pl an or ur ban des ign f ramework exists for an activity centre l isted abov e, t hen t he l ocation and des ign of hi gh and medium density housing be guided by the plan or framework.

• The proposed development is consistent with the 3 storey / 9 metre height limitation pursuant to the Council resolution of 27 April 2011 and the ResCode standard.

Medium dens ity hous ing be enc ouraged along t he pr incipal publ ic transport net work w here pr operties hav e di rect f rontage, particularly along the Stud Road Orbital SmartBus Route.

• The site has direct frontage to the Stud Road Orbital SmartBus Route.

Before deciding on an application, the responsible authority will consider, as appropriate, whether: The proposed housing will contribute to a diversity of housing in Knox. • The proposed development incorporates a diversity of dwelling

sizes and types and will contribute to the diversity of housing in Knox.


There i s ac cess t o f requent publ ic t ransport s ervices between 6.00am and 11.00pm daily, seven days a week. • The subject site is not located to take advantage of frequent public

transport services between 6.00am and 11.00pm daily, seven days a week.

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

desired Garden Suburban neighbourhood character for the reasons detailed in the assessment against Clause 22.07 above.

The pr oposed dev elopment i s c onsistent w ith a r elevant endorsed structure plan or urban design framework. • The Stud Park Structure Plan (Stage 2) has no weight in the

consideration of the application.

The development and bui lding design response addresses any potential impact on adjoining development w here t here i s a r esidential i nterface with respect t o am enity, ov erlooking, ov ershadowing, hei ght and bu lk, views and vistas. • An assessment of the proposed development against these aspects

is provided at Section 4.3 of this report. Alterations to improve the amenity impact of the development will be imposed on any permit issued.

4.2.3 Stud Park Structure Plan (Stage 2) The S tud P ark S tructure P lan ( Stage 2) r efers t o t he broader areas surrounding t he S tud P ark S hopping C entre. The S tructure P lan was adopted by Council i n J une 2010 and, as an appr oved pl an, pr ovides guidance t o C ouncil i n as sessing dev elopment appl ications w ithin the Structure Plan area.

The site is designated for Substantial change.

The Stud Park Structure P lan al so i ncludes R esidential D esign Guidelines t o ens ure t hat t he des ign of new hous ing i s s ustainable, of high qual ity and has a r educed impact on t he amenity of neighbouring properties.


As previously described in Section 2.1 of this report, On 27 A pril 2011, Council resolved to review the Stud Park Structure Plan – Stage 2 and adopt an i nterim height l imit of 3 s torey’s ( 9 m etres) i n t he pr oposed Substantial and Moderate Change areas.

• Given the decision of Council to Review the Stud Park Structure Plan (Stage 2) and the location of the site in a Substantial Change area; no weight is given to the Plan or Design Guidelines in the assessment of this application.

• The application complies with the adopted interim height limit of 3 storeys (9 metres) as the height is 9 metres.

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

The proposal generally complies with the provisions of Clause 55 of the Knox Planning Scheme, an as sessment of t he key c riteria; i ncluding any areas of non compliance are considered below:

Neighbourhood Character and Infrastructure

Neighbourhood Character – Generally complies, refer to Section 4.2.2 above

Site Layout and Building Massing Street Setback – Generally complies. The 5.5 metre setback to the front walls of the development allows for efficient use of a site within a Major Activity Centre, while enabling canopy tree planting to contribute to the preferred Garden Suburban neighbourhood character.

Building Height – Complies.

Site Cover/permeability – Complies

Energy Efficiency – Complies.

Landscaping – Complies, subject to conditions requiring the submission of a landscape plan.

Access – Complies

Parking provision and location – Complies


Amenity Impacts

Side and rear setbacks – Non compliance. Unit 11 on the first floor level and Units 21 and 24 on the second floor level encroach into the northern setback required by ResCode. Unit 19 and 28 on the second floor encroach into the southern setback required by ResCode. Conditions of any permit issued will require these units to be setback in accordance with Standard B17 of Clause 55.004-1 of ResCode.

Walls on boundaries – Complies

Daylight to existing windows/north facing windows – Complies

Overshadowing open space – Complies

Overlooking – Complies

Internal views – Complies

On-Site Amenity and Facilities

Daylight to new windows - Complies

Private Open Space – Complies

Solar access – Complies

Storage - Complies

Front fence – Complies

4.4 Particular Provisions

4.4.1 Clause 52.29 Land adjacent to a Road Zone, Category 1, or a Public Acquisition Overlay for a Category 1 Road

The purpose of Clause 52. 29 i s t o ens ure appr opriate ac cess t o identified roads. A permit i s r equired t o c reate or al ter ac cess t o a C ategory 1 R oad (Stud Road).

The application has been referred to VicRoads who has made no objections to the proposal, nor directed that any c onditions be i ncluded on any per mit issued.

5. CONCLUSION

Clause 11 of the Knox Planning Scheme requires Council to balance relative policy obj ectives w hen m aking dec isions t o ens ure r esulting development is sustainable and achieves a net community gain.


The development is found to comply w ith t he di rection of S tate and Loc al Planning Policy and i t i s recommended that a P lanning Permit be i ssued for the following reasons:

• The proposed development is generally c onsistent w ith t he H ousing Policy and the Neighbourhood C haracter P olicy. A s di scussed abov e, the site is located within the Stud Park Major Activity Centre and subject to des ign modifications, the development i s considered to represent an appropriate balance between providing addi tional hous ing and respecting the changing character of the area. Further, the site is a large, consolidated s ite and c apable of abs orbing a medium density development in apar tment form. The development is located w ithin an existing ur ban ar ea w here s ervices and t ransportation i s located within close proximity.

• As highlighted above, the proposal, subject to modifications that could be conditioned on any per mit, i s c onsidered appr opriate in terms o f architectural quality, ecologically sustainable design principles, built form and landscaping.

• The development is generally c ompliant w ith R esCode s ubject t o changes that could be conditioned on any permit issued.

6. CONFIDENTIALITY


RECOMMENDATION

That Council issue a Notice of Decision to Grant a Planning Permit for development of the land for a three storey apartment building containing 28 dwellings, associated basement car parking and creation of access to a Category 1 Road (Stud Road) at 1084 - 1086 Stud Rd, Rowville, subject to the following conditions:

Amended Plans

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



1.1 The grades of the driveway abutting the footpath to be a maximum of 1 in 20 for 6m within the property boundary to provide adequate sight lines between motorists and pedestrians in accordance to AS2890.1 Clause 3.3.

1.2 Grade transitions on the ramp are required to prevent vehicles scraping their undercarriage. The gradients must comply with AS2890.1; Clause 2.5.3.

1.3 Where car parking is provided undercover or underneath the building, the location of columns to comply with AS2890.1 section 5 and/or a 300mm clearance to be provided between the column and the side of the car parking space.

1.4 The layout for parking bays 7, 18 and 19 altered to ensure sufficient clearances to structures as highlighted on the plan. Turning templates manoeuvres shall be shown for an 85th percentile vehicle to demonstrate that these bays are accessible.

1.5 Parking bay 18 and 19 altered to be 5.4m long and 2.4m wide in accordance with Australian Standard AS2890.1, Figure 2.2.

1.6 The blind aisle altered to be extended a minimum of 1m beyond the last parking space as per AS2890.1 to enable vehicle from parking bay 7 to manoeuvre out of the space.

1.7 The access aisle shall be a minimum width of 5.8m.

1.8 Any alterations required to the western setbacks of the development to ensure that no excavation occurs within the Tree Protection Zones (4.6 metres) of the Eucalyptus Cephalocarpa and Eucalyptus Nicholli located in the adjoining property to the west.

1.9 The setback of Unit 11 on the first floor level and Units 21 and 24 on the second floor level from the northern boundary to be increased in accordance with Standard B17 of Clause 55.004-1 of the Knox Planning Scheme.

1.10 The setback of Unit 19 and 28 on the second floor level from the southern boundary to be increased in accordance with Standard B17 of Clause 55.004-1 of the Knox Planning Scheme.



1.11 The water tank capacity increased to 30,000 litres. This water tank/s must be used for irrigation of garden areas and connected to toilets within the development for flushing.

1.12 Fixed shading eaves to the windows on the second floor facing northeast and west.

1.13 Drainage plans in accordance with Condition 2.

1.14 Landscaping plans in accordance with Condition 3.

1.15 Sustainable Design Assessment in accordance with Condition 6 and incorporating Conditions 1.11 and 1.12.

1.16 Waste Management Plan in accordance with Condition 8.


Drainage Plans

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

2.1 An on-site detention system designed by a suitably qualified engineering consultant to ensure no net increase in storm water discharge from the proposed development.

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

2.3 Road design and pavements designed and constructed to Council requirements.

2.4 Where quality of Stormwater runoff is enhanced by tanks or Water Sensitive Urban Design measures, the Standard of water treatment as provided is to be assessed by the Consulting Engineer for inclusion in Item (2) of the Application for Offer of Conditions of Agreement for the Provision of Stormwater Facilities.



2.5 Water Sensitive Urban Design (WSUD) incorporated with the stormwater drainage design. The Urban Stormwater – Best Practice Environmental Management Guidelines (Victorian Stormwater Committee 1999) should be met.

2.6 Provision of a suitable overland flow path for the entire site available to Council’s satisfaction. Details of this overland flow path are to be detailed on the engineering stormwater design plans.



Landscape Plans

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

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

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

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

3.4 Details of the surface finishes of pathways and driveways.

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

3.6 Landscaping and planting within open space areas of dwellings.

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

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



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

3.10 The plans must also show the provision of three (3) additional indigenous or native canopy trees and at least 30 additional large shrubs chosen from Appendix 4 or 5 of Council’s Landscape Guidelines for Planning Permits. These canopy trees must be at least two metres tall when planted.



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



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

Waste Management Plan

8. Before the development commences, a waste collection and management plan must be submitted to and approved by the Responsible Authority, demonstrating how waste collection will be undertaken on site, including the operation of the garbage and recyclables storage area. Garbage and recyclables storage and collection must be undertaken in accordance with the approved plan/documentation to the satisfaction of the Responsible Authority.



Tree Protection

9. All works, including excavation, within the critical root zone areas of the tree/s to be retained and other critical root zones on the land must be undertaken under the supervision of a qualified Arborist to ensure that there is no unreasonable damage to the root system of trees to be retained and/or protected, to the satisfaction of the Responsible Authority. Before the development starts, the owner must submit to the Responsible Authority details of the name of the Arborist who will supervise the works and the tasks to be undertaken by the Arborist, to the satisfaction of the Responsible Authority.

10. Prior to any works commencing on the site, all trees and vegetation to be retained including other critical root zones must be fenced off to create a protection zone. The protection zone must extend around the trees canopy drip-line unless an alternative tree protection zone has been approved by the responsible authority.

11. The fence is to be chain link or wire mesh, comprise either wooden or steel posts set into the ground or on concrete pads, and be a minimum height of 1.4 metres. Signage is to be affixed to the fence advising that the area is a tree protection zone and a no-go development area.

12. The fence and signage is to be maintained throughout the construction period and removed at the completion of all works.

13. No temporary removal of the fence or encroachment into the protection zone is permitted without the written consent of the responsible authority.

14. Prior to erecting the fence around the tree protection zone, all unwanted vegetation and weed species must be removed from within the zone, and the ground within the protection zone must be covered with a layer of well composted organic mulch (maximum 100mm depth). The area is to be watered at least fortnightly throughout the construction period.

15. The following activities are prohibited from the tree protection area, without the written consent of the responsible authority:

15.1 Construction activities.

15.2 Dumping and/or storage of materials, goods and/or soil.



15.3 Trenching or excavation.

15.4 Lopping branches, nailing or affixing signs, service lines, lights etc to the trees.

16. Prior to any works commencing on site, the Responsible Authority must be contacted to inspect the Tree Protection fencing.

General




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

Car Parking and Traffic

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

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

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

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



Stormwater

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

Fencing

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

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

Amenity during construction


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

28.2 parking of motor vehicles

28.3 transporting of materials or goods to or from the site

28.4 hours of construction

28.5 stockpiling of top soil or fill materials

28.6 air borne dust emanating from the site

28.7 noise

28.8 rubbish and litter

28.9 sediment runoff.


Permit Expiry


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



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


NOTES

Drainage Notes (to be read in conjunction with the above drainage conditions): • Applicant shall engage a certified Engineering Consultant to analyse

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

• Tc = 24 minutes; Tso = 12 minutes

• Stormwater drainage runoff shall be properly collected in a complete and effective system of drains and connected to the Council drainage system near the North West corner of the property.

• The proposed vehicle crossing is required to incorporate the existing Council drain in the road reserve to Council’s satisfaction.

• Stormwater drainage discharge for the proposed development must be limited to predevelopment flows. The total Permissible Site Discharge for the property including all dwellings is 9.9 L/s to the existing Council drainage system for a 5 year ARI event.

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

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



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

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

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

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

Other Notes: • In accordance with Council policy, an 8.5% public open space

contribution may apply in the event of the subdivision of the land.

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

• Raised concrete slabs on the existing footpath fronting the site

should be grounded.

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

• All structures (including fences, letterboxes and meter boxes) shall

be constructed to a maximum height of 900mm or relocated clear of a splayed area near the access way in accordance with AS 2890.1, Clause 3.2.4 to ensure safe sight distances. Landscaping shall also be reduced in height or located clear of this splayed area.

• For pedestrian safety, low height or bollard type lighting should be

installed along access ways in accordance with AS1158.


PROCEDURAL MOTION

MOVED: CR. McMILLAN SECONDED: CR. MORTIMORE

That C ouncillor P earce be per mitted an ex tension of t ime t o speak under Clause 47 of the Meeting Procedure and Use of Common Seal Local Law 2008. CARRIED COUNCIL RESOLUTION MOVED: CR. PEARCE SECONDED: CR. McMILLAN That Council issue a Notice of Refusal to Grant a P lanning Permit for development of the land for a t hree storey bui lding containing twenty eight (28) dwellings, associated car parking and c reation of access to a Category 1 R oad at 1084-1086 Stud Rd, Rowville, on t he following grounds: 1. The proposal does not comply with the State and Local Planning

Policy Framework and t he Municipal Strategic Statement (MSS) as contained in the Knox Planning Scheme.

2. The pr oposal i s i nconsistent w ith t he direction of Clause 11.04 (Settlement) and Clause 16 ( Housing) i n c onflicting w ith surrounding land uses and f ailing to integrate with existing road infrastructure.

3. The proposal is inconsistent with t he di rection of C lause 21 (Municipal Strategic Statement) and C lause 22. 07 (Neighbourhood C haracter) and C lause 22. 10 ( Housing) i n proposing a b uilt f orm w hich f ails t o c onsider nei ghbourhood character, particularly with r egard t o t he pr evailing bui lding height patterns, front setback, visual bulk impact and canopy tree planting opportunities.

4. The pr oposal i s i nconsistent w ith t he direction of Clause 16. 02 (Housing), Clause 21.07 (Municipal Strategic Statement), Clause 22.10 (Housing) and Clause 52.29 ( Land adj acent t o a R oad Zone, Category 1, or a Public Acquisition Overlay for a Category 1 R oad) w ith r egard t o adv erse traffic impacts on surrounding streets and intersections.


5. The pr oposal w ill hav e an unac ceptable i mpact on residential amenity as s ought by C lause 55 ( ResCode), par ticularly w ith regard to neighbourhood character, v isual bul k, s treet s etback, overshadowing and overlooking.

CARRIED

136 COUNCIL – CITY DEVELOPMENT 24 January 2012 COUNCILLOR WALTER VACATED THE CHAMBER AT 8.12PM DURING DISCUSSION ON ITEM 6.5

ALL WARDS

6.5 DEFINING AFFORDABLE HOUSING AND A MINIMUM SUPPLY OF SOCIAL HOUSING FOR KNOX

SUMMARY: Project Manager – Strategic Planning (Claire Anderson)

Housing affordability is a growing challenge in Australia and a concern for many Knox residents. While many factors that influence housing affordability are beyond the control of local government, there are actions that can be taken by Councils. These are articulated in the Knox Affordable Housing Action Plan 2007-2012. Council has successfully implemented many of the strategies and actions in the Plan; however a gap in understanding Knox’s specific local affordable housing needs was identified. Council officers have prepared a research Paper, ‘Defining affordable housing a minimum supply of social housing in Knox’ to address this gap. The Paper defines key affordable housing terms and proposes a method and justification for calculating a minimum supply of social housing required to accommodate people in Knox in significant need. The Paper focuses on social housing as it provides for the most vulnerable and disadvantaged households with the greatest need, and Council has a greater capacity to influence this market in partnership with social housing providers, rather than the private housing market. The Paper also identifies some additional actions which require further investigation and resourcing. It is recommended that Council consider a business case for a dedicated Affordable Housing Project Officer position as part of the 2012-13 budget process.

RECOMMENDATIONS

That Council;

1. Note this report and Paper at Appendix A titled ‘Defining affordable housing and a minimum supply of social housing for Knox, September 2011’;

2. Adopt the five recommendations of the Paper, being:

• 1: Clear and specific definitions of ‘affordable’, ‘social’ and ‘public’ housing be consistently used by Council.

• 2: A focus on social housing be adopted for the purposes of defining a minimum supply of affordable housing.

137 COUNCIL – CITY DEVELOPMENT 24 January 2012 6.5 Defining Affordable Housing (cont’d)

• 3: A minimum supply of social housing be calculated using the following method: ‘Minimum supply benchmarked to the ‘need’ of low-income, non-home-owning households and acknowledging the availability of affordable private lettings’. This approach will accurately respond to the needs of the most vulnerable and disadvantaged households in Knox. This equates to needing an additional 700 social housing dwellings in Knox to 2030.

• 4: A five-year timeframe be used to calculate an annual minimum supply of social housing for Knox to help ensure that the critical housing needs of the most disadvantaged residents are addressed by 2015. This equates to 95 dwellings per year from 2010 to 2015 to reach a point where supply matches need, then 15 dwellings per year thereafter to 2030 to maintain parity.

• 5: The definitions of affordable housing and minimum supply of social housing for Knox be acknowledged in a range of Council policies and documents (as they are updated), including:

o the Knox Affordable Housing Action Plan 2007-2012;

o the Knox Housing Statement 2005 (updated 2007);

o the Municipal Strategic Statement in the Knox Planning Scheme; and

o the Sale of Council Land and Buildings policy.

3. Consider a business case for an Affordable Housing Project Officer position as part of the 2012-13 budget process.

1. INTRODUCTION

Housing af fordability i s a nat ional i ssue. The Housing Industry Association recently s tated: ‘ensuring an adequate supply of quality affordable homes is perhaps the foremost challenge facing Australia today.’ Housing affordability is a key issue for a number of Knox residents. Lack of housing choices in Knox is a w eakness i dentified i n C ouncil’s C ommunity H ealth and W ellbeing Strategy. Knox experienced a doubling of median house prices between 2000 and 2006 and t here has been a s harp dec line i n out right hom e ow nership. Rental and m ortgage s tress is a k ey issue, w ith several nor thern suburbs of Knox unenviably holding top-10 status for the highest number of households in Melbourne experiencing housing stress and abov e average mortgage default rates. The c urrent s izes and t ypes of hous ing i n Knox are inadequate to respond to the increasing trend towards smaller households, particularly sole and ol der person households as t he popul ation ages , c reating a dw elling t o household mismatch.


Research under taken i n t he pr eparation of t he P aper r evealed t hat t he affordability gap is approximately $162,000 for a house and $72,000 for a unit in Knox. That is, there is a significant shortfall between the cost of purchasing a m edian pr iced hous e or uni t bas ed on t he median household income of Knox residents. To be af fordable relative to the median household income, a dwelling purchased in Knox in 2010 would need to be priced around $280,000. This is 37% lower than the current median house pr ice and 20% lower than the current median unit price in Knox. The f ollowing table illustrates this (see Appendix A for further explanation):

A search of real estate listings found that no ‘affordable’ (based on the above definition) properties c ould be f ound i n Ly sterfield, R owville, S coresby, The Basin, Upper Ferntree Gully, Wantirna or Wantirna South.

Similarly, for rental properties, there is an affordability gap bas ed on m edian rent and hous eholds relying on C entrelink income. The c urrent median rents for different size pr operties i n K nox ar e bet ween 6% ( for a 4 bedr oom property) and 40% (for a 2 bedroom property) higher than what is affordable to lower i ncome hous eholds r eceiving a C entrelink i ncome, r epresenting a significant affordability gap. Also evident is the absence of one bedroom rental housing in Knox. This i s a par ticular concern in an agei ng society, seriously compromising t he abi lity of ol der K nox hous eholds t o ‘ age in place’. The following table illustrates this (see Appendix A for further explanation):

Estimated 2010 median household income (annual)

Estimated median monthly house-hold income

Maximum monthly mortgage repayment (principal & interest) to avoid housing stress (mortgage to income ratio @ 30%)

Maximum mortgage that can be serviced (90% of house value)

Affordable dwelling price (assuming 10% deposit)

Median house price (May 2010)

Afforda-bility gap (house)

Median unit price (May 2010)

Afforda-bility gap (unit)

$69,000 $5750 $1725 $250,000 $278,000 $440,000 -$162,000 $350,000 -$72,000

Household type Single on Newstart

Single parent, one child

Couple on Newstart, two children

Couple on Newstart, four children

Property type 1 bedroom 2 bedrooms 3 bedrooms 4 bedrooms Weekly income $228 $433 $635 $803 Rent assistance $57 $67 $67 $75 Affordable rent (30% of weekly income plus rent assistance)

$125 $200 $260 $320

Median rent Knox (June 2010) n/a $280 $290 $340 Affordability gap per week n/a -$80 -$30 -$20


Many factors that influence housing affordability are beyond Council’s control, such as rapid population growth, a s hortage of supply, federal tax legislation which favourably t reats property speculation, foreign property ownership and arguably, Commonwealth and State Government first home buyers’ grants.

However, Council does have a role to play in addressing housing affordability, which i s ar ticulated i n the Knox Affordable Housing Action Plan 2007-2012. This Plan is due to be reviewed and updated in 2012.

In September 2010, Council committed to a series of strategies and actions to strengthen i ts appr oach t o af fordable hous ing. O ne of t hese ac tions i s: ‘ to identify the need for affordable housing, provide a definition and set targets’ for Knox. Furthermore, at t he Leader ship W eekend w ith C ouncillors and senior C ouncil s taff i n O ctober 2011, C ouncillors agai n reinforced Council’s commitment t o addr essing hous ing affordability, par ticularly i n an adv ocacy role.

In response to the above action, Council of ficers researched and pr epared a Paper t itled ‘ Defining affordable housing and a minimum supply of social housing for Knox’ (see Appendix A for the full Paper).

It is expected that the Paper can be used to:

• Inform Council, State and C ommonwealth Governments, social housing providers, pr ivate dev elopers and ot her r elevant s takeholders of l ocal affordable and social housing needs and requirements to 2030;

• Help guide C ouncil’s decision-making on t he f uture us e of C ouncil-owned land;

• Enhance c ollaboration and bui ld par tnerships t o respond to the affordable and social housing shortage; and

• Provide baseline dat a against which Council can m onitor and measure progress in addressing housing affordability in Knox.

The Paper will also inform the review of the Knox Affordable Housing Action Plan 2007-2012 in 2012. I t al igns with and w ill inform Council’s review of i ts broader Housing Policy package, the Knox Housing Statement 2005 (updated 2007) and s uite of pl anning c ontrols i n t he K nox Planning Scheme. This project is c urrently under way and w ill c ontinue t hroughout 2012 -13 i n t he combined approach with the preparation of the new Council Vision.

The Paper does not commit Council to providing additional social housing; rather it strengthens its knowledge base, policy and therefore advocacy and negotiation position with social housing providers.


2. DISCUSSION

2.1 Recommendations

The P aper m akes f ive recommendations. The r easoning f or eac h recommendation is discussed below.

2.1.1 Recommendation 1: Clear and specific definitions of ‘affordable’, ‘social’ and ‘public’ housing be consistently used by Council.

There ar e a num ber of def initions of ‘affordable’ hous ing t hat ar e us ed by different levels of gov ernment, hous ing pr oviders and t he c ommunity t hat broadly encompass other terms, including different forms of both pr ivate and public hous ing. Thes e v arious def initions ar e of ten us ed (incorrectly) interchangeably, causing confusion.

A r ecent dec ision by t he V ictorian C ivil and Administrative Tribunal (VCAT) criticised Darebin City Council’s use of the term ‘social housing’ without a clear definition when seeking to impose a social housing requirement on a planning permit application for a private residential development.

Clear, c onsistent def initions ar e t herefore needed. The following definitions are proposed:

Affordable housing

‘Housing where the cost (whether mortgage repayment or rent) is no more than 30 percent of that household’s income. Exceeding the mark places one under ‘housing stress’, particularly in the lower 40 percent of the income distribution scale.

This housing generally provides for households on low and moderate incomes.

Social housing (a sub-set of the broader ‘affordable’ housing)

‘Non-profit housing owned and managed for the primary purpose of meeting social objectives, such as affordable rents, responsible management, security of tenure and good location in relation to employment services. The term encompasses public housing and includes housing owned or managed by the community.

This housing generally provides for households on very low incomes.

Public housing (a sub-set of the broader ‘social’ housing)

‘Non-profit housing owned and managed by the state government for the primary purpose of meeting social objectives, such as affordable rents, responsible management, security of tenure and good location in relation to employment services.


This housing generally provides for households on very low incomes.

Applied to all definitions

‘This housing should be well-located* and appropriate to the needs of a given household**’.

(* For more detail on ‘well-located’ housing, refer to Clause 21.05 of the Knox Planning Scheme. Examples include areas where t here i s good ac cess t o services and publ ic t ransport** Housing ‘appropriate to the needs of a gi ven household’ s hould be as sessed on a c ase-by-case bas is. E xamples i nclude housing appr opriate f or a lone person hous ehold, f amilies, a per son w ith a particular disability etc.).

These def initions are adapted from the Knox Affordable Housing Action Plan 2007-2012, with more clarity in relation to household income and location.

2.1.2 Recommendation 2: A focus on social housing be adopted for the purposes of defining a minimum supply of affordable housing.

The research explored the pos sibility of def ining a m inimum s upply of affordable hous ing m ore br oadly ( including pr ivate and s ocial housing). However, it is r ecommended that at t his s tage, C ouncil f ocus on s ocial housing for the following reasons:

• Social hous ing pr ovides f or t he m ost v ulnerable and di sadvantaged households w ith the greatest need, i.e. those on t he lowest ( ‘very low’) incomes, t hat i s hous eholds within t he l owest 10% i ncome br acket i n Knox (detailed in Recommendation 3 below);

• Increasing t he s upply of s ocial hous ing i s t he main focus of the Knox Affordable Housing Action Plan 2007-2012, Council’s primary affordable housing strategic plan;

• Council is bet ter pos itioned t o i nfluence t he s ocial hous ing m arket i n partnership w ith s ocial hous ing pr oviders t han t he pr ivate hous ing market, which is largely responsible for t he pr ovision of ot her t ypes of affordable housing;

• The primary means f or i nfluencing private dev elopment, t he V ictorian planning s ystem, does not al low C ouncil to require developers to contribute t o af fordable and/ or s ocial hous ing, how ever, there are opportunities to s trengthen C ouncil’s negot iation pos ition by def ining a minimum s upply (e.g. through m echanisms s uch as S ection 173 Agreements);

• Rigorous and current data is available that provides strategic justification for def ining a m inimum s upply of s ocial housing in Knox (see Recommendation 3 below); and


• Social housing i s c learly def ined ( as out lined i n R ecommendation 1 above).

2.1.3 Recommendation 3: A minimum supply of social housing be calculated using the following method: ‘Minimum supply benchmarked to the ‘need’ of low-income, non-home-owning households and acknowledging the availability of affordable private lettings’. This approach will accurately respond to the needs of the most vulnerable and disadvantaged households in Knox. This equates to needing an additional 700 social housing dwellings in Knox to 2030.

The Darebin VCAT decision also criticised the lack of strategic justification or strong evidence on w hich to require a c ontribution f rom a dev eloper towards any form of af fordable ( in t his c ase, s ocial) hous ing. D arebin r equired t hat 15% of the development be social housing, which was dismissed by VCAT.

Clear s trategic j ustification ( a s trong ev idence bas e) i s needed t o s upport a minimum supply figure. No such evidence existed before this research Paper commenced. Five methods were explored (see Appendix A). From these five methods, a preferred method was chosen. For the first time, this method links social housing needs to the local conditions of Knox.

This method targets households with t he l east ec onomic r esources and greatest need, defined as non-home-owning households with the lowest 10% of household incomes in Knox. This equates to 3.3% of the total non-home-owning households in Knox (1668 households in 2006).

This m ethod t akes i nto ac count ex isting s ocial hous ing dw ellings (approximately 1,040 in 2006), the availability of pr ivate r entals t hat ar e actually affordable for such households ( only 5% as of J une 2010) , and expected increases in the provision of both housing types to 2030.

In addi tion to l inking hous ing type and num ber to need, this method has the following benefits:

• The data yields information on the type of very low income households in Knox, that is, l one per son, f amily, c ouple et c, w hich i s us eful i n determining the type of social housing needed (for example, in 2006, the largest group of the very lowest income households in Knox were older, lone person households at 31%);

• It can be reviewed every five years in line with Census data; and

• It can be reviewed in light of any change to the amount of social housing dwellings provided or affordable private rentals becoming available.


Without intervention (i.e. the provision of more social housing), this method has found that existing housing and expected increases in both social housing and affordable private rentals to 2030 will fall well short of household needs. The ex pected c ombined s upply w ill onl y m eet t he housing needs of three-quarters of Knox’s lowest income households at best, and decline over time. An additional 700 social housing dwellings are needed by 2030 to meet the minimum demand.

2.1.4 Recommendation 4: A five-year timeframe be used to calculate an annual minimum supply of social housing for Knox to help ensure that the critical housing needs of the most disadvantaged residents are addressed by 2015. This equates to 95 dwellings per year from 2010 to 2015 to reach a point where supply matches need, then 15 dwellings per year thereafter to 2030 to maintain parity.

The time period within which a m inimum supply i s calculated and s hould be met i s anot her i mportant c onsideration. I s i t ac ceptable t hat t he shortfall of needs is met over a 5, 10, 20 year timeframe?

The following table shows how many new social housing dwellings would be required per year to meet needs over different t ime spans if the 700 dw elling shortfall is to be addressed:

These figures are not c umulative, r ather s pecific t otals by eac h y ear nominated.

To put this in the context of the Knox pr ivate hous ing market, in 2010 t here were 149 planning permits approved for multi-dwelling developments and new subdivisions, resulting in a potential 600 new dw ellings i f t hese pl anning permits ar e enac ted (Knox City Council 2011, Report of the Housing Policy Monitoring and Review Program: 3rd Annual Report). Thi s i ncludes f our planning per mits f or s ocial hous ing approved by t he M inister f or P lanning, resulting in a potential 38 new social housing dwellings (6% of the total).

Year Shortfall (social housing + affordable private lettings – non-home-owning households in need = minimum supply of social housing

Annual minimum supply (Calculated over 20 years to 2030)



Current (2010) -430 35 per year

60 per year (+10 per annum to 2030)

95 per year +15 per annum to 2030)

By 2015 -480 By 2020 -570 By 2030 -700


The f ollowing t able s hows t he pr oportion of new dw ellings i n 2010 (if all permits were enacted) that would need to be social housing to reach a poi nt where supply meets need w ithin s elected t ime f rames ( between 5 and 20 years):

No. potential new dwellings in 2010 (if all permits enacted)


Annual minimum supply as a % of potential new dwellings





600 35 per year 6% 60 per year 10% 95 per year 16%

One option is to seek an additional 35 s ocial housing dwellings per year (6% of new dw elling per mits in 2010), wh ich would m eet t he needs of K nox’s lowest income, non-home-owning households, over a per iod of twenty years. This would effectively leave a generation of partially unmet housing needs.

As o nly 16% of t he new dw elling per mits i n 2010 would need to be social housing each year until 2015 t o m eet t he s ocial hous ing s hortfall, i t i s recommended that a f ive-year t imeframe (2010-2015) be ut ilised to calculate an annual m inimum s upply of s ocial hous ing f or Knox. This is 95 social housing dw ellings per annum f rom 2010 -2015, then 15 s ocial hous ing dwellings per y ear t hereafter t o 2030. Thi s level of s upply ( 16% of new dwelling per mits i n 2010) i s at tainable and w ould r espond to the critical housing needs of t he m ost di sadvantaged r esidents within a reasonable timeframe.

2.1.5 Recommendation 5: The definitions of affordable housing and minimum supply of social housing for Knox be acknowledged in a range of Council policies and documents (as they are updated), including:

• the Knox Affordable Housing Action Plan 2007-2012;

• the Knox Housing Statement 2005 (updated 2007);

• the Municipal Strategic Statement in the Knox Planning Scheme; and

• the Sale of Council Land and Buildings policy.

If Council adopts the above f our r ecommendations of t he P aper, i t i s al so recommended that they be formalised i n r elevant C ouncil pol icies and documents. This will ensure that there is consistency, transparency and clarity of Council’s position. As such, it i s r ecommended t hat t he def initions of affordable housing and minimum supply of social hous ing be i ncluded in the following:


Knox Affordable Housing Action Plan 2007-2012

As Council’s leading P lan to increase hous ing af fordability in Knox, primarily focusing on s ocial hous ing, it could be f urther updated t o define a minimum supply of s ocial hous ing and i nclude t he r evised def initions as par t of its review and update in 2012.

Knox Housing Statement 2005 (updated 2007)

As Council’s long term plan for meeting the current and future housing needs of the Knox community to 2030, it is designed to guide decision making on the location, distribution, design and, where possible, management of housing in Knox. It already c ontains hous ing di stribution t argets f or t he pr eferred locations of all new housing and could be updated to define affordable housing and a minimum supply of social housing for Knox as part of its current review, due for completion in 2013.

Municipal Strategic Statement in the Knox Planning Scheme (as guidance, not a mandatory requirement)

As the local strategic framework for future land use and development in Knox, the M unicipal S trategic S tatement currently addr esses hous ing i n Clause 21.05 – Housing. O ne of t he s trategies of Clause 21.05-2 – Housing Objectives and Strategies is to ‘seek to increase the supply of social housing’. This strategy could pot entially be updat ed to m ake r eference t o a def ined minimum supply of social housing. This would establish a gui de and s tarting point for negotiation with social housing providers and pr ivate developers, but would not be able to be mandated or required.

It is recommended that it occur as part of the implementation of the review of Council’s Housing Policy package due in for completion in 2013, or as part of the next r eview of t he Knox P lanning S cheme ( including t he Municipal Strategic Statement) in 2013-14.

Sale of Council Land and Buildings Policy

As Council’s pol icy to guide the sale of Council-owned land and bui ldings, i t already includes a s ocial c omponent, w hich s eeks to weight decisions concerning t he s ale of C ouncil’s l and and bui ldings i n accordance with its social agenda and policies.

This Policy could be enhanced through t he i nclusion of a def ined m inimum supply of social housing in Knox to inform decision making when land and/or buildings are proposed to be sold for the purposes of residential development. For ex ample, t his i nformation c ould hel p to inform the pr ocess f or t he proposed s ale of t he r esidential c omponent of S tamford P ark i n t he future. This policy is due to be reviewed in 2012.

Recommendation 5 can occur within existing resources.


2.2 Other Needs That Could Be Addressed

The Paper identified several other, m ore s pecific needs t hat c ould be considered when defining a minimum supply of social housing. These include developing location specific calculations as a means to ensure social housing is well located and responds to the areas and people in Knox experiencing the highest concentrations of housing stress (refer to Appendix A – pages 20-21 for more detail).

Additional resourcing would be needed.

Further work i s required pr ior to adopt ing a m ore specific approach and this cannot occur without additional resourcing. A business case is being prepared for t he 2012-13 budget for a t hree-year, f ull-time A ffordable Housing Project Officer p osition. This pos ition w ould i mplement t he ac tions of t he updat ed Knox Affordable Housing Action Plan, which could also include investigation of these more specific needs. The pos ition c ould al so i mplement t he unresourced actions arising from Council’s appr oval ( Council M eeting, 28 September 2010) of an additional s uite of s trategies and ac tions t o strengthening i ts appr oach t o af fordable hous ing. Four of t he actions were absorbed w ithin ex isting r esources and i ncluded i n the current Action Plan; however, the other actions are still unresourced.

As a ffordable housing project work i s c urrently bei ng under taken w ithin Council’s Social Planner role, any additional affordable housing work could not be fully supported by this role as currently des igned and gi ven other priority areas of Council.

It is t herefore r ecommended t hat C ouncil c onsider a bus iness c ase f or an Affordable H ousing P roject O fficer pos ition as par t of the 2012-13 budget process.

3. CONSULTATION

The P aper ‘ Defining affordable housing and a m inimum s upply of s ocial housing for Knox’ was jointly prepared by officers in the City Development and Community Services directorates.

The P aper has been pr esented t o and f eedback i ncluded f rom Council’s Executive M anagement Team , t he H ousing A dvisory C ommittee, Affordable Housing Reference G roup and Eastern A ffordable H ousing A lliance. The Alliance have shown initial interest in i mplementing t he m odel ac ross t he Eastern M etropolitan R egion of M elbourne. A dditional c onsultation with the Alliance will need to be undertaken if this is progressed.


4. ENVIRONMENTAL/AMENITY ISSUES

This report is not expected to have any environmental/amenity implications.

5. FINANCIAL & ECONOMIC IMPLICATIONS

The P aper ‘Defining affordable housing and a m inimum s upply of social housing for Knox’ was prepared by officers within existing resources.

If endorsed by Council, the f ive r ecommendations of t he P aper c an be implemented within existing resources.

Investigation of more specific housing needs cannot occur w ithout addi tional resourcing. I t i s recommended that Council consider a bus iness case for an Affordable Housing Project Officer position as part of the 2012-13 budget. This position could pot entially, am ongst ot her t hings, under take s uch investigations.

6. SOCIAL IMPLICATIONS

If endor sed by C ouncil, t he r ecommendations of t his r eport ar e ex pected to have social benef its f or some of Knox’s m ost vulnerable and disadvantaged residents by i ncreasing t he l ikelihood of more social hous ing being provided within the municipality to meet their housing needs.

7. RELEVANCE TO COUNCIL PLAN

The r eport s upports t he C ouncil P lan, par ticularly t he t heme of ‘Healthy, connected communities’. A four year pr iority ac tion of Council is to ‘Promote and encourage the provision of diverse housing options, through partnerships with community housing providers and others’.

8. CONCLUSION

This report recommends that Council note this report and adopt the five recommendations of the Paper ‘Defining affordable housing and a minimum supply of social housing in Knox’. The Paper contributes to implementing Council’s commitment to a strengthened approach to affordable housing by identifying the need for affordable housing, providing a definition and setting targets for Knox. It reinforces Council’s commitment to addressing housing affordability in Knox within the role of a local government authority by:

• Defining c lear, s pecific and c onsistent def initions of ‘affordable’, ‘social’ and ‘public’ housing;

• Focusing on s ocial hous ing, as t his t ype of housing meets t he needs of Knox’s most vulnerable and di sadvantaged r esidents ( non-home-owning households w ith the lowest 10% household incomes), and C ouncil has a greater capacity to influence this market;


• Using a s trategically j ustified, ev idence-based m ethod t o c alculate the minimum supply of social housing that would be needed to meet the needs of t his v ery l ow i ncome gr oup t o 2030 ( an addi tional 700 social housing dwellings);

• Adopting a f ive-year timeframe to calculate the annual minimum supply of social housing to help ensure that the needs of residents are addressed by 2015 (equating to 95 dwellings per year from 2010 to 2015 to reach a point where s upply m atches need, t hen 15 dw ellings per year thereafter to maintain parity); and

• Formalising Council’s position by ac knowledging t he abov e i n r elevant Council policies and pl ans as t hey ar e updat ed, i ncluding t he Knox Affordable Housing Action Plan 2007-2012, t he Knox Housing Statement 2005 (updated 2007), the M unicipal Strategic S tatement i n t he Knox Planning Scheme, and the Sale of Council Land and Buildings Policy.

This will have many benefits including:

• Informing Council, State and Commonwealth Governments, social housing providers, pr ivate dev elopers and ot her r elevant stakeholders of l ocal affordable and social housing needs and requirements to 2030;

• Helping to guide Council’s dec ision-making on t he f uture use of Council-owned land;

• Enhancing c ollaboration and bui ld par tnerships t o r espond t o t he affordable and social housing shortage; and

• Providing bas eline dat a agai nst w hich C ouncil c an m onitor and measure progress in addressing housing affordability in Knox.

The Paper does not c ommit C ouncil t o pr oviding addi tional s ocial hous ing; rather i t s trengthens i ts knowledge base, pol icy and t herefore advocacy and negotiation position with social housing providers.

This report also r ecommends t hat C ouncil c onsider a bus iness c ase f or an Affordable Housing Project Officer position as part of the 2012-13 budget. This position could pot entially, am ongst ot her t hings, i nvestigate m ore s pecific housing needs based on factors such as household type and location.

9. CONFIDENTIALITY



PROCEDURAL MOTION

MOVED: CR. COOPER SECONDED: CR. PEARCE

That Councillor Mortimore be permitted an extension of time to speak under Clause 47 of the Meeting Procedure and Use of Common Seal Local Law 2008. CARRIED COUNCIL RESOLUTION MOVED: CR. McMILLAN SECONDED: CR. MORTIMORE

That Council;

1. Note t his r eport and P aper at A ppendix A t itled ‘Defining affordable hous ing and a m inimum supply of social hous ing for Knox, September 2011’;

2. Adopt the five recommendations of the Paper, being:

• 1: C lear and s pecific def initions of ‘affordable’, ‘social’ and ‘public’ housing be consistently used by Council.

• 2: A focus on s ocial housing be adopt ed for the purposes of defining a minimum supply of affordable housing.

• 3: A m inimum s upply of s ocial hous ing be c alculated us ing the f ollowing m ethod: ‘Minimum supply benchmarked t o t he ‘need’ of l ow-income, non -home-owning hous eholds and acknowledging t he av ailability of af fordable pr ivate lettings’. This approach will ac curately r espond t o t he needs of t he most vulnerable and disadvantaged households in Knox. This equates to needi ng an addi tional 700 s ocial hous ing dwellings in Knox to 2030.

• 4: A f ive-year timeframe be used t o c alculate an annual minimum supply of s ocial hous ing f or K nox t o hel p ens ure that t he critical hous ing needs of t he m ost disadvantaged residents are addr essed by 2015. Thi s equat es t o 95 dwellings per year from 2010 to 2015 to reach a point where supply matches need, then 15 dw ellings per year thereafter to 2030 to maintain parity.


• 5: The def initions of affordable housing and m inimum supply of s ocial hous ing f or K nox be ac knowledged i n a r ange of Council pol icies and doc uments ( as t hey ar e updat ed), including:

o the Knox Affordable Housing Action Plan 2007-2012;

o the Knox Housing Statement 2005 (updated 2007);

o the Municipal Strategic S tatement i n t he Knox Planning Scheme; and

o the Sale of Council Land and Buildings policy.

3. Consider a business c ase f or an A ffordable H ousing P roject Officer position as part of the 2012-13 budget process.

CARRIED


‘Defining Affordable Housing and a Minimum Supply of Social Housing for Knox’ Paper, September 2011

APPENDIX A (circulated separately)

152 COUNCIL 24 January 2012

COUNCILLOR COOPER VACATED THE CHAMBER AT 8.16PM PRIOR TO DISCUSSION ON ITEM 7

COUNCILLOR COOPER RETURNED TO THE CHAMBER AT 8.18PM DURING DISCUSSION ON ITEM 7

COUNCILLOR WALTER RETURNED TO THE CHAMBER AT 8.19PM DURING DISCUSSION ON ITEM 7

COUNCILLOR PEARCE VACATED THE CHAMBER AT 8.19PM DURING DISCUSSION ON ITEM 7

COUNCILLOR PEARCE RETURNED TO THE CHAMBER AT 8.20PM DURING DISCUSSION ON ITEM 7

7. PUBLIC QUESTION TIME Following the completion of business r elating t o I tem 6, C ity D evelopment, t he business before the Council Meeting was deferred to consider questions submitted by the public.

Question Time commenced at 8.16pm. The following questions were raised with Council:

Question 1 If you knocked back the permit t o bui ld on this property at 38 Cypress Ave and it went to VTAC, why then nothing was said about f looding that has occurred over the 20 y ears on this site and surrounding area?

Answer The Chief Executive Officer, M r G raeme E monson responded t hat as t he ques tioner w as not pr esent at the meeting, a written response will be provided.

Question 2 Is council looking at opt ions t o r eplace t he paper agendas distributed at meetings?

Answer The C hief E xecutive O fficer, M r G raeme Emonson r eplied that Council is conscious of the quantity of paper used in the printing of t he A genda’s and i s looking at opt ions t o rationalise t his pr ocess. A t t his poi nt f eedback from the public indicates that a paper agenda is still required.

Question 3 If c ouncil i s l ooking at r eplacing t he paper agendas what options is it looking at?

Answer The C hief E xecutive O fficer, M r G raeme E monson r eplied Council has not considered totally replacing paper Agendas with ot her opt ions. M r E monson adv ised t hat one fundamental challenge for Council is to make the Agenda’s accessible to as many people as possible.

153 COUNCIL 24 January 2012 7. Public Question Time (cont’d)

Question 4 We, t he r esidents of t he K nox C ity C ouncil ar ea, elected Council members to negotiate in behalf of, and represent us on par ticular i ssues: t herefore, pl ease explain why Councillors ar e pot entially abr ogating t heir responsibility to represent t he v iews of t heir c onstituents in Planning Matters?

Answer The C hief E xecutive O fficer, M r G raeme E monson replied that ov er one t housand ( 1,000) pl anning appl ications are processed by Council each year and a l arge number are of a routine nature. The system provides for routine matters to be dealt with in a t imely manner. Mr. Emonson stated that delegations ar e about efficiently using r esources t o appropriately review applications whilst recognising that any application can be c alled up by a C ouncillor t o be considered at a Council meeting.

Question 5 With regard t o l ast D ecember’s c ouncil m eeting and subsequent ar ticle i n t he l eader new spaper about the potential danger with the parking issues near the corner of Marie Street and B oronia Rd, i t was reported by the paper that G raeme E monson s aid t his s ituation w asn’t k nown to him and the council. Why is when I have letters dating back to 1989, f rom r esidents c omplaining about t his very dangerous issue to t he m any pas t k nox c ouncils and engineers?

Answer The Chief Executive Officer, M r G raeme E monson responded and w ished t o c larify t hat at t he December Council m eeting r eferred t o i n t he ques tion, he stated that he did not have personal knowledge of the issue and did not suggest C ouncil had no k nowledge of t he i ssue. M r. Emonson stated that Council will go back through records to review the letters referred to in the question.

Question 6 Apart f rom c ouncillor M ortimer, i s t he r est of t he C ouncil aware t hat t he c ovenant f or 66 Boronia Rd has been removed?

Answer The C hief E xecutive O fficer, M r G raeme E monson replied that Council had only recently been adv ised of the fact and were surprised that the covenant had been r emoved. M r Emonson advised t hat Council had been m ade aware t hat the ow ner had s ought t his o ption through t he S upreme Court and that no reference was made to Council regarding this.


Question 7 Waste Management – Wellington Village Shopping Centre.

• Soiled waste – Kool Kids Child Care

• Loading B ay A rea – Wellington V illage S hopping Centre

Answer The Chief Executive Officer, M r G raeme E monson responded that he did not have the detail at hand to answer the ques tion but under stood t hat C ouncil’s E nvironmental Health O fficers ar e c urrently i nvolved w ith t his i ssue. M r. Graeme E monson s tated t hat C ouncil would t ake t he question on notice and respond.

Question 8 The r esidents of hom es behi nd t he W ellington Village Shopping C entre r equest t he C ouncil enf orce E PA Regulations relating t o noi se m anagement & del iveries outside of EPA hours??

Answer The Chief Executive Officer, M r G raeme E monson responded that due t o the complexities associated with this issue and as C ouncil’s E nvironmental H ealth of ficers had been i nvolved already with this i ssue, t hat C ouncil would take the question on notice and respond.

Question 9 Why ar e “ Council Officer” and t he K nox P lanning Department continuing to encourage and as sist developers to design 3 storey apartment building in Rowville when:

• The Rowville structure plan is under review.

• Amendment C92 has not been authorised by the State Minister for Planning.

• Amendment C 46 has l apsed and Housing Policy is being reviewed.

• The vast m ajority of R owville r esidents hav e am ply demonstrated t hat m ulti-storey apar tments ar e not suited to our suburb.

Are “Council Officer” and the Planning Department there to serve the needs of the residents?


Answer The M ayor r esponded t hat t he S tructure P lan in ques tion had been r equested and appr oved by Council and that the advice of staff had been sought in this process. The M ayor advised that Council is currently working through a review of the Structure Plan.

The C hief E xecutive O fficer M r G raeme Emonson further responded that it is the r esponsibility of pl anning s taff t o follow t he r ules of t he day . O fficers ar e obliged to impart information impartially to both objectors and developers and they have an obligation to f actually r espond t o ques tions. Mr Emonson advised that how this information is interpreted is outside the control of t he professional planning s taff. Mr Emonson emphasised that professional planning staff must act impartially in the planning process

Question 10 Has C ouncil i dentified any undev elop ( sic) l and i t ow ns, leases or m anages w hich m ay hav e c ommercial development potential?

Answer The C hief E xecutive O fficer M r G raeme Emonson responded that Council had not explored this likelihood.

Question 11 As nei ghbours i n w hite r d I am very worried about traffic flow/congestion into burwood h’wy & stud rd, the height of 9 to 9 storys (sic) high in our area

Answer As the questioner was not present at the meeting, a written response w ill be pr ovided by t he Director of City Development, Mr Angelo Kourambas.

Question 12 I would l ike to ask what consideration has been addressed to m y c oncerns w ith t he dev elopment on t he corner of Burwood H ighway: S tud R d es pecially about i ncrease of traffic in an already busy intersection

Answer As the questioner was not present at the meeting, a written response w ill be pr ovided by the D irector o f C ity Development, Mr Angelo Kourambas.

Question 13 As a resident of White Road and closest house, my concern in t he hei ght bl ocking l ight f rom m y pr emises, al so t he amount of traffic on t he corner of Burwood Highway & Stud Road, Also no enough parking

Answer As the questioner was not present at the meeting, a written response w ill be pr ovided by t he Director of City Development, Mr Angelo Kourambas


Question 14 How m any “ parking of ficer’s” ar e r ostered on dut y eac h & every w ’end!!! N ot on c all buy on dut y t o i nforce our by-laws!!!

Answer The C hief E xecutive O fficer M r G raeme Emonson responded t hat t here ar e m any v ariables as t o whether parking officers are r ostered on dur ing t he w eekends including the issues around at the time, activities planned in the c ommunity and t he w eek-day activities of t he par king officers.

Cr McMillan also r esponded t hat w hen an i ssue had been raised about par king t he par king officers were deployed upon request.

In addition, the Mayor advised that unlike inner metropolitan Councils, t hat K nox C ity C ouncil does not r ely upon the revenue obtained from parking infringements.

Question Time Concluded at 8.50pm.

There was one question t hat w as not abl e t o be c onsidered i n t he t ime allocated for Public Question Time and it will be responded to in writing.

157 COUNCIL – ENGINEERING & INFRASTRUCTURE 24 January 2012 COUNCILLOR COLE VACATED THE CHAMBER AT 8.50PM PRIOR TO DISCUSSION ON ITEM 8.1 COUNCILLOR COLE RETURNED TO THE CHAMBER AT 8.53PM DURING DISCUSSION ON ITEM 8.1

TAYLOR WARD

8.1 PROPOSAL FOR STREET CONSTRUCTION - RESULTS OF RESIDENT SURVEY, CORNISH ROAD, LYSTERFIELD

SUMMARY: Coordinator – Project Delivery (Hans Pelgrim)

This report summarises the results of a recent survey carried out on behalf of residents seeking improvements to Cornish Road, Lysterfield and seeks direction from Council on the possible construction of Cornish Road.

RECOMMENDATION

That Council:

1. acknowledges its current Contributory Schemes – Special Rates and Charges Policy which requires a 60% minimum level of support from contributing properties as a base requirement for a road construction scheme to be prepared and that the required level of support has not been achieved;

2. acknowledges the safety works identified in the independent audit and that the priority works are programmed to be undertaken; and

3. resolves not to proceed further with the possible construction of Cornish Road, Lysterfield, at this time.

1. INTRODUCTION

Cornish Road was last reported to Council at its meeting of 22 August 2006, in which the results of a s urvey were presented identifying the level of support for the construction of Cornish Rd, Lysterfield.

Cornish Road is currently an unsealed local road (see Appendix A).

Majority support was not evident in August 2006 and Council resolved to defer any f uture dec ision until t he C ontributory S chemes – Special R ates and Charges Policy was reviewed and considered by Council.

The revised Contributory Schemes – Special Rates and C harges Policy ( the Policy) was presented to Council and adopted at its meeting of 23 September 2008.

A number of Cornish Road residents have again approached Council claiming that Cornish Road is unsafe and in poor condition and have asked Council to construct Cornish Road.

158 COUNCIL – ENGINEERING & INFRASTRUCTURE 24 January 2012 8.1 Proposal for Street Construction – Results of Resident Survey,

Cornish Road, Lysterfield (cont’d)

With respect to the uns afe c onditions c laimed, an i ndependent s afety audi t was commissioned by c ouncil which produced recommendations to improve the level of safety for those travelling along Cornish Road.

When requests for construction of an uns ealed local road are received, The Contributory S chemes – Special R ates & C harges P olicy di rects t hat a questionnaire be circulated t o t hose pot entially af fected pr operty ow ners t o assess the level of support for a contributory scheme for the construction of the road.

Consequently, a s urvey w as agai n under taken to assess property ow ner support f or a C ontributory Scheme – Special R ates and C harges for t he construction of C ornish R oad. This was i ssued t o r esidents i n A ugust 2011 and ow ners were as ked w hether t hey w ould s upport ‘in pr inciple’ t he construction of Cornish Road, based upon information provided to them and if so, they were also asked to select their preferred choice of two standards of proposed construction – those being partial or full construction.

This report presents the results of the August 2011 survey.

2. DISCUSSION

There has been r egular r epresentation by a num ber of r esidents of C ornish Road and the local fire brigade, for road improvements in Cornish Road.

Essentially, there are t wo elements of t he r oad w hich ar e considered w ithin this report:

2.1 Safety Audit

A package of r ecommended ac tions, i ncluding s afety m arkers, i ntersection sealing, road w idening and s ignage improvement, as a r esult of this audi t i s scheduled to t ake pl ace i n Febr uary/March 2012 and r esidents hav e been advised of the pending works.

These i mprovements ar e i ndependent of any f ormal r oad construction. Council has al so s ent a l etter of request to VicRoads r equesting t hat t hey consider safety improvements t o t he C ornish R oad/Wellington R oad intersection.

2.2 Road Construction Scheme

A f ormal ques tionnaire was sent t o t he ow ners of al l properties l ikely t o be potential contributors, in August 2011, to assess the level of owner support for a scheme.



Residents were presented with information considering two (2) options:

• Option 1 - full pav ement c onstruction w ith a 5. 1m w idth as phalt pavement, rollover K & Ch and drainage; and

• Option 2 - partial construction with 5.1m width asphalt pavement over a 100mm depth of crushed rock, concrete edge strips and drainage.

Option 2 w as essentially di sregarded by residents and any support received was for Option 1.

There ar e sixteen ( 16) properties abut ting C ornish R oad, o f wh ich two (2) would be r egarded as non-recoverable should a scheme be i n place. Thes e properties are:

1. the adjacent quarry s ite on t he w estern s ide o f C ornish R oad. The quarry is not likely to obtain any benefit from the construction of Cornish Road; and

2. Parks Victoria land located at the end of Cornish Road. Parks Victoria as a state government body is exempt from any scheme related charge.

Should a scheme eventuate, costs nor mally at tributable t o t hese pr operties would be fully subsidised by Council.

The remaining fourteen (14) properties are considered to be i n a position to benefit directly from any street construction scheme. Survey forms were sent to these properties and of the fourteen (14) sent, ten (10) were completed and returned.

The results of this survey are as follows:

No. properties supporting proposed scheme: 5 No. properties against proposed scheme: 5 No. properties with no response, to date: 4

Clause 6. 1.1 of C ouncil’s P olicy f or C ontributory S chemes – Special R ates and C harges r equires t hat a 60% l evel of s upport i s r equired bef ore a road construction scheme is prepared and bef ore committing Council funds in the Capital Works Program.

In the case of C ornish R oad 50% of r eturned s urveys w ere i n f avour, or alternatively, 36% of the total number of potential contributors. This falls short of the level of support required by the current policy.

However, given t he l evel of sustained interest fro m a num ber of pr operty owners, the percentage of positive returns and the issues raised by the safety audit, it is pertinent that Council considers the construction of Cornish Road.



The P olicy m akes pr ovision f or C ouncil t o pr ogress a s cheme when compelling reasons relating to safety, amenity or health can be demonstrated.

In this case it is recommended that Council has consider two (2) options.

2.2.1 Consideration of Option 1 – Status Quo

As previously presented in this report, the results of the survey indicate that majority support was not achieved and in accordance with Clause 6.1.1 under Council’s P olicy f or C ontributory S chemes – Special R ates and C harges, Council can determine not t o c onsider a s cheme f or t he c onstruction of Cornish Road until 60% support is attained.

Council would then advise residents of this dec ision and c ontinue i ts current level of maintenance activities and on-site management.

In order to addr ess s ome of t he r ecommendations i dentified by t he independent road safety auditor, approximately $50,000 funding of operational budget has been committed to improve safety.

These actions will satisfy priority safety requirements for Cornish Road.

2.2.2 Consideration of Option 2 – Initiate a Contributory Scheme – Special Rates and Charges for the construction of Cornish Road

Under Clause 6.1.1 within Council’s Policy for Contributory Schemes – Special Rates and C harges, C ouncil m ay al so c onsider pr oceeding w ith a particular scheme based on compelling reasons relating to safety, health or amenity.

Given the location, topography and use of Cornish Road, these factors should be considered -

Safety: C ouncil r ecently under took an independent s afety audi t of C ornish Road which identified a number of safety issues, the more significant of which are programmed t o be addr essed t o i mprove t he c ondition of an uns ealed road without s ignificant c apital i nvestment. O ther s afety i mprovement opportunities ar e l isted in t he audi t but are generally of a l ower pr iority or impracticable, at this time.

Amenity: The introduction of a s cheme w ould s ignificantly i mprove t he amenity of the street, reduce local flooding, provide better access and improve quality of life.

However, it may cause financial issues for a number of potential contributors.

Health: There have long been claims that unsealed (crushed rock) roads may be det rimental t o heal th caused by s uspended dus t par ticles i n t he ai r, particularly in the drier months.



In addition, The Road Asset Management Plan identifies a long-term financial advantage f or C ouncil i n c onverting a pr eviously unsealed road t o a f ully constructed road by reducing Council’s ongoing maintenance costs.

The immediate impact of this opt ion w ill be t o c ommit C ouncil t o addi tional scheme r elated c osts, s uch as adm inistrative and legal (approximately $70,000), with a potential contribution towards a r oad construction scheme of the order of $265,000.

3. CONSULTATION

Residents of Cornish Road have participated in two (2) formal surveys in the past five (5) years.

There is a c lear divide between residents who wish to contribute to have the road constructed and those who do not.

Should Option 1 be adopt ed, f ormal not ification of C ouncil’s dec ision not t o proceed will be sent to the property owners.

Should Council consider O ption 2 as t heir pr eferred opt ion, f urther consultation and survey, together with detailed design and cost estimation will be nec essary, as C ouncil f ollows i ts s tatutory obl igations and pr ocesses f or the initiation of a Contributory Schemes – Special Rate and Charge.


The construction of Cornish Road should improve amenity, safety and health for Cornish R oad r esidents and r educe t he i mpact of f lood ev ents, e.g. the February 2011 storm event which r esulted i n s ignificant er osion of c rushed road driveways and local flooding.

It i s s uggested t hat pr operty v alues ar e enhanc ed w hen s uch w orks hav e been undertaken.


There are financial implications for Council in both the options considered by this report.

However, there is a greater short/medium term cost for Council should it adopt the i nitiation of a C ontributory S cheme – Special R ates and C harge f or Cornish Road.

The costs attributable for initiating a scheme will be approximately $70,000 to set up the scheme ( legal and adm inistration costs). It is anticipated that this cost would be divided between t he c urrent f inancial y ear and t he 2012/ 13 financial year.



If a s cheme f or C ornish R oad i s s uccessfully in itiated t his will t hen c ommit Council for costs to fund its contribution for the construction of Cornish Road, which could be of the order of $265,000 (in current day value) and would need to be i ncluded for consideration in the Long Term Financial Strategy from the 2013/14 financial year for the Capital Works Program.

The t iming of such funding would depend upon the progress and s uccessful completion of each step related to the procedure for the implementation of a Special Charge Scheme for road construction.

Summary of C ouncil f unds r equired t o i nitiate and f ollow-through w ith t he Contributory S cheme – Special Rates and C harge f or C ornish R oad i s estimated to be as follows:

Item 2011/12 2012/13 2013/14 2014/15

Legals $10,000 $20,000

Administration $10,000 $30,000 $10,000 $10,000

Construction (Council) $265,000

There is no c urrent budget t o c over ant icipated ex penditure r elated t o t his project and any related expenditure would have to be covered by any savings from ac ross t he or ganisation’s budget or ov er-expenditure i n t he P roject Delivery operational budget.

These costs would need to be considered in Council’s budget process should Council approve the preparation of a dr aft C ontributory S cheme – Special Rate and Charge for the construction of Cornish Road, Lysterfield.


This project will have social implications, should a scheme be initiated, in that:

• Improving the quality and consequently amenity of the road may improve social connection as more visitors will be inclined to use the road; and

• Payment by individuals for t his pr oject m ay c ause f inancial i ssues and Council may need to offer support service referrals.


This item has relevance to Council’s 2009-2013 Community and Council Plan under the theme of ‘Dynamic S ervices & Fac ilities’ w hich has t he s trategic objective of ‘planning, m anaging and m aintaining appr opriate f acilities and infrastructure to meet the community’s needs into the future’.



8. CONCLUSION

Council has been approached on several occasions to undertake construction of Cornish Road, Lysterfield.

During t he m ost r ecent discussions, a num ber of s afety i ssues and ac cess concerns were raised, r esulting i n an i ndependent s afety audi t. The m ost significant findings of t he s afety audi t ar e pr ogrammed t o be addr essed i n February/March 2012 at an estimated cost to Council of $50,000.

36% of residents (or 50% of respondents) have expressed an interest to have the road fully constructed.

While there is undoubt edly s ustained i nterest t o c onstruct t he r oad and a number of s afety i ssues hav e been i dentified; i n ac cordance w ith C ouncil Policy, t here i s not enough s upport f or a r oad c onstruction scheme t o be prepared ( i.e. c urrently 36 – 50% s upport, w ith a 60% m inimum l evel required).

To progress t he dev elopment of a s cheme, f urther, C ouncil w ould need t o commit approximately $70,000 i n l egal, adm inistration and des ign costs and the development of a business case for future construction works.

9. CONFIDENTIALITY

There are no issues of Confidentiality in terms of this report.

COUNCIL RESOLUTION MOVED: CR. PEARCE SECONDED: CR. McMILLAN

That Council:

1. acknowledges its current Contributory Schemes – Special Rates and C harges P olicy w hich r equires a 60% minimum level of support from contributing properties as a base requirement for a road construction scheme to be pr epared and t hat the required level of support has not been achieved;

2. acknowledges t he s afety w orks i dentified in the independent audit and that the pr iority w orks ar e pr ogrammed t o be undertaken; and

3. resolves not to proceed further with the possible construction of Cornish Road, Lysterfield, at this time.

CARRIED

164 COUNCIL – ENGINEERING & INFRASTRUCTURE 24 January 2012

APPENDIX A

165 COUNCIL – ENGINEERING & INFRASTRUCTURE 24 January 2012 COUNCILLOR McMILLAN VACATED THE CHAMBER AT 8.54PM DURING DISCUSSION ON ITEM 8.2 COUNCILLOR McMILLAN RETURNED TO THE CHAMBER AT 8.56PM DURING DISCUSSION ON ITEM 8.2

ALL WARDS

8.2 PROGRESS REPORT ON IMPLEMENTATION OF ASSET MANAGEMENT

SUMMARY: Acting Manager – Assets (Andrew Chadder)

Over a number of years, Council has been diligently investing in asset management and acknowledges that well managed infrastructure underpins quality service provision. The purpose of this report is to provide Council with an update on how it is progressing on its asset management journey.

RECOMMENDATION

That Council receives this report and notes the status of asset management implementation at Knox.

1. INTRODUCTION

As an or ganisation, C ouncil has m ade s ignificant s teps i n es tablishing an asset planning framework, introducing proactive asset management practices and adopting a whole of or ganisation appr oach t o as set pl anning and management. Much of t his has c ome about f rom t he r ecognition t hat improved as set m anagement pr actices hav e m ultiple l ong t erm benef its for both the organisation and the community.

Council commenced i ts as set m anagement j ourney i n 1994/ 95 w ith t he introduction of f undamental as set m anagement pr actices within the organisation. In 2003, t he S trategic A sset M anagement P lan 2003 -13 w as developed. I t was acknowledged at that t ime that Council needed t o further invest i n as set m anagement and t he A ssets D epartment was subsequently established. The dr ive behind the formation of t his D epartment w as t he recognition that Local Government, as a steward of community assets, did not have the tools required to manage assets effectively and sustainably. Council has pr ogressed c onsiderably s ince t hose ear ly day s and has undertaken a substantial body of w ork ai med at ens uring t hat Council assets support service delivery both now and into the future.

As a r esult, as set m anagement has bec ome a k ey c omponent of C ouncil’s long term budget pl anning and ov erall c orporate pl anning to t he ex tent that Council i s abl e t o dem onstrate i mproved f inancial s ustainability and service delivery to the organisation and the community.

This report is presented to Council in accordance with the Asset Management Policy (2009) and provides an update on the status of implementation of asset management at Knox.

166 COUNCIL – ENGINEERING & INFRASTRUCTURE 24 January 2012 8.2 Progress Report on Implementation of Asset Management (cont’d)

2. DISCUSSION

2.1 MAV STEP Program & National Asset and Financial Management Assessment Framework

Council has been participating in the Municipal Association of Victoria’s (MAV) STEP Program since 2002. The P rogram w as des igned t o i mprove as set management capacity in Local Government – this Program in turn s temmed from a num ber of dr ivers ( listed bel ow) w hich hi ghlighted t hat Loc al Government, as a custodian of a substantial asset portfolio, did not have good practices in place to effectively manage its community assets:

• The Department of Infrastructure’s report Facing the Renewal Challenge (1998)

• The V ictorian Auditor General’s report Management of Roads by Local Government (2002)

• Abolition of the non-feasance rule by a High Court decision.

The STEP pr ogram i s now i ncorporated w ithin t he N ational A sset and Financial Management A ssessment Fr amework ( Framework). The Framework w as e ndorsed i n 2007 by t he Feder al G overnment i n or der t o develop a nationally consistent as set m anagement f ramework t o s upport improvement i n Loc al G overnments’ as set m anagement per formance and sustainability. The M AV was engaged t o administer and pr ovide support for the Framework on behalf of the Federal Government in 2010.

Council has embraced the STEP audit and t he National Asset and Fi nancial Management Assessment Fr amework as i ts ov erarching as sessment and improvement program, recognising that i t provides a m eans of assessing i ts progress and status with r espect t o as set m anagement. Fur thermore, t his program allows consistent and structured m easurement ov er t ime, ef fective alignment with t he s tatus as sessment pr inciples of t he I nternational Infrastructure M anagement M anual and t he abi lity t o benchmark against similar councils. As part of this pr ogram, C ouncil us es a pr ocess of s elf assessment and external audit to m easure i ts pr ogress t owards c ore competency and t o i dentify i mprovement ac tions t o enhance as set management practices. S elf as sessment and audi ts ar e under taken on an annual bas is, w ith t he r esults bei ng r eported i nternally, as well as being forwarded to the Federal Government via the MAV and t he Australian Centre of Excellence for Local Government (ACELG).


The Framework comprises eleven elements, as follows:

• Strategic Planning • Annual Budget • Annual Report • Asset Management Policy • Asset Management Strategy • Asset Management Plans • Governance & Management • Levels of Service • Data & Systems • Skills & Processes • Evaluation

All Local Governments within Australia are assessed against these elements.

The Framework is essentially divided into two competency ratings, Core and Advanced. The Core Maturity Rating requires a c ouncil t o s atisfy 76 questions (100% compliance) to gain that rating. The MAV has made clear its target f or al l V ictorian councils to achieve core c ompetency by D ecember 2012.

The Advanced Maturity Rating requires a c ouncil to consider and c omplete a questionnaire of 143 ques tions and ac hieve 100% compliance. A t this stage there is no Federal Government requirement to achieve this status. The focus at this stage is on attaining t he pr oficiency r equired t o ac hieve t he C ore Maturity Rating.

Figure 1 overleaf presents the results from Council’s most recent assessment (October 2011). C ouncil scored strongly in Long Ter m Plan, Annual Budget, Annual R eport, A sset M anagement P olicy and S trategy. A reas of improvement hav e been i dentified in the dev elopment of t he out standing Asset Management Plans, establishment of service levels and enhanc ement of systems and processes to evaluate performance.


Figure 1 – Core Competency Scorecard

The result is considered to be r elatively good w hich, when t ranslated across the el even el ements, r epresents an av erage score of 88%. A s par t of t he assessment pr ocess, an i mprovement pr ogram w as al so dev eloped and designed t o m ove C ouncil t owards ac hieving i ts C ore M aturity R ating. The improvement program and report card are listed in Appendix A of this report.

2.2 Strategic Asset Management Plan

In 2003, Council’s Strategic Asset Management Plan was developed. Around the s ame t ime, the H igh C ourt dec ision t o abol ish non -feasance bec ame a catalyst in driving councils to take a proactive approach to road management. Even though not r equired at t he t ime, C ouncil r ecognised t he pr udence of adopting the same phi losophy for al l i ts infrastructure assets and pr epared a strategy to represent all assets. The dev elopment of t his s trategy was al so endorsed by participation i n t he ear ly s tages of t he S TEP pr ogram. Foundations for asset m anagement pr inciples at C ouncil w ere ef fectively articulated in this strategy: “A vision for the future management of assets is to formulate a s trategic plan to improve Council’s approach, al lowing Council to move f rom a r eactive, f unding bas ed appr oach t o a pr oactive s trategy built around agreed service levels and risk management”.

The Strategic Asset Management Plan provided a snapshot of performance of each as set c lass and an ov erall as sessment of r enewal bac klog. The k ey strategic i mprovement oppor tunities t hat w ere doc umented i n t he S trategic Asset M anagement P lan ar e bei ng pr ogressively r ealised through the development of s eparate as set m anagement pl ans and i n c hanges t o operating practices.


2.3 Asset Management Plan Development

Council produced its first individual A sset M anagement P lan i n 2005 f or Footpaths and Shared Paths. The R oad Asset Management Plan followed in 2007, followed by Buildings in 2009, Drainage i n 2010 and O pen S pace i n 2011. P resently C ouncil i s w orking on bot h t he B ridge and C arpark A sset Management P lans w hich ar e due f or c ompletion i n 2012. In general, the development of these plans has achieved:

• Improved asset information • Improved asset data management practices • More transparent financial reporting • Prioritisation of capital works and links to long term financial planning • Clearer definitions of responsibilities • Discrete improvement projects aimed at improving asset management

practices and understanding.

Council’s Asset Management Plans have been categorised as either Major or Minor reflective of t he v alue of t he net work or t he r isk as sociated w ith t he asset class. The s taging of the development of the Asset Management Plans has been to address the M ajor asset c lasses as a pr iority. W ith t he r ecent adoption of the Open Space Asset Management Plan, Council has completed its first generation of Major Asset Management Plans.

Figure 2 – Knox Asset Management Plan Classification

STRATEGIC AMP

Building AMP

Major Asset Management Plans

Footpath & Shared Path AMP

Minor Asset Management Plans

Playground AMP

Carpark AMP

Road AMP

Drainage AMP

Open Space AMP

Bus Shelter AMP

Bridge AMP

Street Tree AMP

ASSET MANAGEMENT POLICY


Table 1 below doc uments Council’s i nventory of A sset M anagement P lans with their completion dates, forecast delivery timelines, recent condition audits undertaken and the next intended audit dates. Regular condition audits allow Council to collect information on the quantity, condition and deterioration of its assets and as sist i n m aking m ore t imely and informed decisions in the management of this infrastructure.

Asset Class Asset Management

Plan

Quantity Condition Audit (Preliminary

Program) Footpaths & Shared Paths

September 2005 Footpaths – 1,200 km

Last Audit: 2011 Next Audit: 2015

Shared Paths – 86 km Last Audit: 2010 Next Audit: 2014

Roads (including pavement, kerb & channel and wearing course)

March 2007 (Road Management Plan – 2005)

Roads – 716 km Kerb & Channel – 1,324 km


Buildings June 2009 238 Last Audit: 2008 Next Audit: 2013

Drainage November 2010 Pits – 35,534 Pipes – 1,134 km


Open Space (active and passive recreation)

December 2011 776 Ha 57 Sportsfields


Bridges Proposed for 2012 67 Last Audit: 2011 Next Audit: 2013

Car Parks Proposed for 2012 226 Last Audit: 2007 Next Audit: 2012

Street Trees Proposed for 2013 68,702* (Within road reserves only)


Playgrounds Proposed for 2013 206 Next Audit: 2012 Bus Shelters TBA** 118 Last Audit: 2007

Next Audit: TBA

Table 1 – Status of Asset Management Plan Development and Condition Audits Note

* This database has not been maintained and another audit is required to ascertain the quantum of assets. ** It is Council’s current pol icy to r educe i ts asset l iability by transferring the ow nership of al l bus shelters to

Adshel over an extended period of time.

2.4 Asset Management Policy

Council’s Asset Management Policy was prepared in 2009, after the adoption of the S trategic Asset M anagement P lan and s everal of t he i ndividual asset management pl ans. The pol icy “ articulates Council’s commitment to asset management and es tablishes a f ramework t o ens ure asset management is undertaken i n a s tructured, c oordinated, c ost ef fective and f inancially sustainable manner across the whole of the organisation”.


2.5 Completion of Improvement Actions

As par t of t he dev elopment of A sset Management Plans, an I mprovement (Action) Plan was identified for each with a typical 20 year delivery timeframe. The Improvement Plans identify pr ioritised ac tions w ith responsibility f or implementation di stributed am ongst v arious recommended project leaders across the organisation. In November 2011, an assessment was undertaken on the status of the improvement ac tions t hat w ere i dentified i n bot h t he Strategic Asset Management Plan and the various Asset Management Plans.

The implementation of the overarching Strategic Asset Management Plan has been advancing steadily with 75.0% of the recommendations del ivered since its inception. I n terms of the individual Asset Management Plans, there has been good pr ogress i n t he i mplementation of I mprovement P lans, with the completion status outlined in Figure 3 below.

63.0% 62.5%

51.8%

6.4%0.0%

75.0% 75.4%

63.5%

22.7%18.6%

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

Strategic AMP F/SAMP RAMP BAMP DAMP

Perc

enta

ge co

mpl

ete

Asset Management Plan

2010

2011

Figure 3 – Implementation Completion Status of Endorsed Asset Management Plans

2.6 Ongoing Review of Asset Management Plans

The continual review of progress of t he i mplementation of t he A sset Management Plans has now been em bedded as an ongoi ng task to monitor Council’s progress and w ill be r eported t o C ouncil on an annual bas is i n accordance with the Asset Management Policy.


As Council completes its first generation suite of Asset Management Plans for infrastructure assets, there will be a m ove towards ongoing maintenance and review of these documents, recognising that this is an ev olving and dy namic task. A s C ouncil bec omes m ore s ophisticated i n i ts m anagement practices and i ts r epository of per formance dat a i ncreases, continuous review and adjustments will ensure m unicipal as sets w ill s ustainably s upport t he K nox community into the future.

3. CONSULTATION

Internal c onsultation on t he pr ogress of as set m anagement implementation has been oc curring w ith t he Executive Management Team via briefings with the Assets Department and externally via the MAV.

Council has al so r eceived a num ber of br iefings by bot h s taff and the MAV aimed at educating and i nforming Councillors regarding the level of progress that has been ac hieved t o date and w hat current asset management issues are confronting Local Government.

A s tatus report was presented to the Audit Committee on 8 December 2011 outlining Council’s progress i n em bedding s ound as set m anagement principles into its daily business. The A udit C ommittee has al so r equested that an annual report be presented to track Council’s progress.


Responsible and ef fective as set m anagement w ill i ntegrate w ith existing Council pol icies, s trategies and pl ans ai med at protecting and reducing the impact C ouncil has on t he env ironment as an as set owner. It i s acknowledged that the creation and oper ation of assets can have a dramatic impact on t he env ironment, and t hat t hrough c areful c onsideration and management of the asset base, the negative impact that assets have can be lessened.


A key principle of as set m anagement i s t o ens ure C ouncil m akes i nformed decisions and ac ts i n a f inancially r esponsible m anner as a custodian of community as sets. S ound as set m anagement pr ocesses pr ovide i nput i nto Council’s Long Term Financial Strategy as well as providing guidance on how Council manages the provision of assets and services to the community, now and into the future.



Infrastructure assets support the many services provided to the community by Council. Thes e assets are the foundation of community support, interaction, economic activity and have a di rect impact on t he qual ity of l ife experienced by residents. Ensuring assets and s ervices are functional, and pr ovided in a sustainable m anner, w ill s ecure K nox’s f uture and ens ure t he c ommunity continues to be a prosperous and thriving municipality.


Asset m anagement pr ovides C ouncil w ith a tool t o ac hieve i ts C ouncil P lan 2009-13 themes for the following:

Theme 3 – Dynamic Services and Facilities

To continuously improve the capacity of Council’s services and infrastructure to best meet the community’s needs

Theme 5 – Sustainable Natural Environment

To protect and enhance the natural environment and reduce our environmental footprint

Theme 6 – Attractive and Vibrant Places

To improve the quality and sustainability of the built environment and ensure it enhances the city’s leafy green character and cultural heritage

Theme 8 – A Well Governed and Leading Organisation

To ensure the highest standards and transparency of our governance practices and the capability of our organisation, and to improve the condition and suitability of the municipality’s assets

8. CONCLUSION

Council has made significant progress in asset management s ince 1994 and has been recognised within t he Loc al G overnment i ndustry as one of t he leaders. This has been ev idenced by K nox hos ting a num ber of l ocal and interstate c ouncils seeking guidance as t o how bes t i mplement as set management into their organisations.

This report honours Council’s commitment to the community to operate in an open and t ransparent manner. I t also acknowledges Council’s achievements in em bedding measures t o ens ure t he l ong t erm s ustainability of t he municipality’s infrastructure as sets i s pr eserved and t he qual ity of s ervice provision is maintained or (where possible) improved.


This annual report also ensures C ouncil c omplies w ith t he Feder al Government’s requirement to exercise a reporting mechanism so that elected officials ar e k ept abr east of t he m unicipality’s pr ogress t owards at taining a desirable level of asset management maturity. This information also assists Councillors i n m aking s ound f inancial dec isions w hen c onsidering s ervice provision for the community.

Council has c ompleted as set m anagement pl ans f or al l M ajor asset categories, with the remaining 5 Minor asset management plans forecast to be finalised by June 2013. From 2013, Council will then move into a continuous improvement m ode des igned t o pr ogressively r eview eac h s trategic pl an, revise the amount of funding required and adopt management improvements needed to responsibly administer the community’s vast infrastructure network.

In terms of delivering t he i mprovement ac tions as i dentified t hrough t he various P lans, C ouncil has m ade s teady progress considering the available resources and funding. The i mplementation of i mprovement ac tions i s an ongoing journey which will require continual investment and effort.

9. CONFIDENTIALITY

There are no confidential issues associated with this report.

COUNCIL RESOLUTION MOVED: CR. PEARCE SECONDED: CR. MORTIMORE

That C ouncil receives this report and not es t he s tatus of as set management implementation at Knox. CARRIED


APPENDIX A

National Asset Management Framework - Core Maturity Assessment Report

National Framework Core Competency Report Card Based on 11 Key Framework Elements

Council:- Knox City Council

Review Date: 24/10/2011

Summary Sheet Outcomes to be Achieved:

Priority Council Actions: (maximum of 5 key actions to be identified)

Action 1: Complete AM Plans for all outstanding asset categories

Action 2: Define community levels of service and i ncorporate i nto A M Plans as they are developed or reviewed.

Action 3: As AM Plans are developed, validate and update data contained

within the AM system.

Action 4:

Review A sset M anagement P olicy i n t erms of i dentifying a process f or m eeting t raining needs i n f inancial and asset management practices for councillors and staff.



Performance Scorecard: Core 1 Strategic Planning 100 Excellence 2 Annual Budget 100 Excellence 3 Annual Report 100 Excellence 4 Asset Management Policy 95 Excellence 5 Asset Management Strategy 100 Excellence 6 Asset Management Plans 67 Proficient 7 Governance & Management 96 Excellence 8 Levels of Service 63 Proficient 9 Data & Systems 78 Proficient 10 Skills & Processes 90 Excellence 11 Evaluation 75 Proficient Signed: Date: CEO



Council:- Knox City Council Review Date: 24/10/11 Council Performance - Core Competencies Gap Analysis (Basic Level)


APPENDIX B

Preliminary Condition Audit Program

NO ASSET CLASS AM PLAN CLASSIFICATION

DATE OF LAST AUDIT

NEXT PROGRAMED

AUDIT

ESTIMATED COST

1 Buildings Major 2008 2012/2013 $ 110,000

2 Roads (includes K & C) Major 2011 2014/2015 $ 70,000

3 Drainage Major 2010 2013/2014 $ 135,000

4a Footpaths Major 2011 2014/2015 $ 160,000

4b Shared Paths Major 2010 2013/2014 $ 15,000

5 Open Space Major 2011 2015/2016 $ 130,000

6 Bridges Minor 2011 2013/2014 $ 20,000

7 Car Parks Minor 2007 2011/2012 $ 20,000

8 Playgrounds Minor - 2012/2013 $ 60,000

9 Street Trees Minor 2003 2011/2012 $ 130,000

10 Bus Shelters Minor 2007 TBA $ 15,000

Notes It is Council’s current policy to reduce its asset liability by transferring the ownership of all bus shelters to Adshel over an extended period of time, so the need for a AM Plan may not be required.

179 COUNCIL – COMMUNITY SERVICES 24 January 2012

ALL WARDS

9.1 HYBRID POWERED VEHICLE COMMUNITY EVENT

SUMMARY: Events and Cultural Development Officer (Malcolm Russell)

This report has been prepared in response to a request by Council at its meeting of 23 August 2011 for a report detailing the risks associated with the staging of an event at Lewis Park in conjunction with a consideration to introducing the Human/Hybrid Powered Vehicle Grand Prix annual event at Knox Central.

RECOMMENDATION

That Council consider:-

1. Sponsoring for a five year period an annual Human/Hybrid Powered Vehicle Grand Prix event to the value of $10,000 per annum as part of its 2012 -13 budget and beyond.

2. Consider providing as part of its 2012-2013 budget and beyond the following financial contribution for:

Capital Works $20,000; and

Event Support Costs $8,000

1. INTRODUCTION

Council at its meeting of 23 August 2011 c onsidered a r eport concerning the possible r elocation of one of Council’s major ev ents t o t he K nox C entral Precinct.

Amongst other things the report concluded that the moving of large scale long-established s uccessful ev ents c ould not be j ustified by the associated cost and p otential dec rease i n at tendance. The H uman/Hybrid P owered V ehicle Grand Pr ix ( HVP) was s uggested as an ev ent that could be s ponsored, but not r un, by Council, and as s uch w ould not r equire a s ignificant amount of resourcing from Council.

Therefore this report outlines the social, environmental and economic benefits of staging the HVP event at Knox C entral and s ummaries t he i ssues w ith promoting an event at Lewis Park.

2. DISCUSSION

2.1 Proposed Events

The HVP Grand Prix is a unique annual race event for community-built hybrid and hum an powered m achines t hat c elebrate t he v alues of c ommunity engagement, sustainability and innovation.

180 COUNCIL – COMMUNITY SERVICES 24 January 2012 9.1 Hybrid Powered Community Vehicle Event (cont’d)

This par ticular H PV ev ent has been r unning now f or 13 years and has outgrown i ts ex isting s ite. I t r egularly at tracts ar ound 9 0 community ent ries, 1000 student participants, and three to four thousand spectators.

The HPV Grand Prix is a s elf managed, self funded community event run by the youth or ganisation B ridge B uilders. Bridge Bu ilders is a c ommunity organisation t hat us es project design and del ivery as a v ehicle f or bui lding relationships between young people and t heir community. It has worked with Council over the last 6 years in the delivery of the Knox Festival’s youth event program.

Bridge Builders believe that this HPV Grand Prix has the potential to grow in size to over 300 entries, t he equi valent of V ictoria’s l eading ev ent hel d i n Maryborough where the event has had s ignificant positive financial impact on the local community.

There ar e s ix K nox secondary schools al ready par ticipating i n t his pr ogram with Bridge Builders w hich i s c urrently r unning an engagem ent pr ogram inviting all 35 local primary schools and the remaining four secondary schools in Knox to be involved.

2.2 Event Site

As set out in the report considered by Council in August 2011, Lewis Park is a flood retarding basin and as such faces a series of issues which restrict its use as a major event site, most particularly the potential of heavy rain during or in the lead up to an event to create substantial risk to public safety.

In addi tion, the ownership of Lewis Park by Melbourne Water, and its future consideration for development as part of Knox Central, limits the value of the considerable c apital ex penditure r equired t o upgrade this s ite t o ev ent standard.

The Knox Shopping Centre eastern car park was also identified in this report but was considered unsuitable for the re-mounting of one of Council’s existing major events due t o i ts vast expanse of asphalt. However t his surface and surrounding amenity could readily be adapt ed t o s uit an H PV ev ent t rack, particularly if it could be considered in conjunction with some or all of the Knox Civic Centre car park.

Both car par ks ar e ac cessible, w ell f enced and l it, and are l ocated c lose to toilets, power, par king and f ood vending out lets. The pr oposed t rack would link both car parks, travelling t he f ull l ength of t he Knox S hopping C entre eastern c ar par k, then enter the Civic Centre C ar P ark at i ts nor th eas tern corner before traversing around the Civic Centre itself, then along the eastern side of the Eastgate and Eastern Regional Library buildings, l inking up agai n with the Shopping Centre car park.


3. CONSULTATION

Council officers have consulted with the following Council units:

• Engineering

• Parks Services

• Traffic & Transport

• Youth Services

• Community Safety

• City Development

In addi tion B ridge B uilders, Central G oldfields S hire, Swinburne U niversity (KIOSC) and Knox Shopping Centre m anagement has al so been c onsulted. All current discussions have been positive and supportive of the project.


The HVP Grand Prix has the potential to showcase Knox as a forward thinking community t hat pr omotes s ustainability and innovation t hrough t he development of gr een t echnologies, s ustainable t ransport, and ener gy us e. An integral part of this program is the learning opportunities it creates through the encouragement of new thinking and par tnerships between young people and sustainable technology businesses and community groups.


Council would be r equired to commit an annual amount of $10,000 to secure the HPV Grand Prix in Knox and at tain the naming rights to the event. There would al so n eed t o be a budget of $5, 000 c ontingency t o ac commodate, i f required, unforeseen site works from 2012-13 onwards.

To ensure that Council’s objectives for this event are being achieved and to oversee site preparation and r isk management ar rangements Council will b e required to pr ovide 60 hour s of s taffing ov er and abov e ex isting r esources. This is estimated to be $3,000 per annum.


In year one a capital works commitment of $20,000 would be r equired, while in year 2 this amount would be reduced to of $10,000. See table below.

Capital works required would be i n t he f orm of upgr ading and m aintenance works of existing Council property, s ome of w hich w ould add am enity. Thi s includes t he openi ng up and repairing of gat es and c rossovers, r epair and augmentation of some areas of asphalt paving, and some landscaping to level surfaces between the Knox Shopping Centre and Knox Civic Centre car parks.

Consideration needs also to be given to possible upgrading of the site in 3 – 5 years should the subscription numbers as projected in Section 1 of this report be reached.

It is envisaged that all such w orks w ould oc cur on K nox C ity C ouncil’s ow n land s urrounding t he K nox C ivic C entre. A ny infrastructure required for the Knox Shopping Centre car park would be hired by the event managers at their cost.

An economic study undertaken by the University of Ballarat calculated that the Maryborough HPV event, catering for 300 vehicles, created a positive financial impact to that community of $2.88 million, with vehicles being entered from all over Victoria.


The opportunity to profile this event as part of Council’s events calendar would provide the City with a new and unique event, promoting sustainability in the community, engagi ng w ith y oung peopl e, and bui lding par tnerships w ith schools.

Year 1 Year 2 Year 3 Year 4 Year 5 2012-13 2013-14 2014-15 2015-16 2016-17 Sponsorship 10,000 10,000 10,000 10,000 10,000 Capital Works 20,000 10,000 5,000 Event Support Costs: Operational/Contingency (if required) 5,000 5,200 5,408 5,624 5,849 Contract Staffing 3,000 3,120 3,245 3,375 3,510 Total: $38,000 $28,320 $23,653 $18,999 $19,359


In addition the event i s about bui lding i ntergenerational c onnections, accessing a range of currently underutilised school and community workshops in or der t o bui ld t hose i ntergenerational r elationships, create a range of business and c ommunity l inks, and pr ovide an opportunity for our young people t o engage i n a pos itive way w ith t echnology, t he community and the environment.


The Knox Hybrid Powered Vehicles Grand Prix delivers upon the following key outcomes as identified in the Council Plan 2009 -2013 (2010 update):

• Healthy and C onnected Communities – intergenerational project engaging with technology and sustainability knowledge bases already existing in the community;

• Culturally active and r ich c ommunities – providing a uni que and r ich community ev ent t hat will in spire and c elebrate t he c ity’s c ommitment t o sustainability into the future;

• Attractive and V ibrant P laces – connects and c onverts an es tablished low maintenance single use grey space in to a unique and vibrant multi-purpose community event space; and

• A pr osperous m odern ec onomy – further establish K nox as a f orward looking and s ustainability f ocused c ity w ith t he pot ential t o at tract new businesses that promote new thinking and developing technologies.

8. CONCLUSION

The proposed Human / Hybrid Powered Vehicle Grand Prix offers the potential of a new and exciting ev ent t o a new ev ent l ocation i n our C ity. The H PV Grand P rix has a successful t rack r ecord i n M aroondah ov er 13 y ears and brings with it an es tablished program and audi ence that would be t ransferred to Knox.

HPV Grand Prix is a predominantly self funded and s elf managed event that would r equire s ome i nitial f inancial as sistance f rom Council, as identified in Section 5 of t his r eport. Thi s w ould be significantly cheaper t han t he substantial costs associated with s tarting up a new ev ent or m oving one of Council’s existing major events to this location.

The location of the event s ite in the proposed Knox Central Precinct creates the opportunity for Council and the community to review the event in the future to c onsider how i t f its i n with the future K nox C entral P recinct M aster Plan both ideologically and physically.

This proposal would require an ongoing commitment from Council to provide a sponsorship fee of $10,000 to attain the naming rights of the event. This would take the form of a five year contract to be reviewed at the end of that period.


There w ould also be a r equirement f or a s mall am ount of i nfrastructure upgrade w orks to m odify t he C ivic C entre c ar par k s ite, and pr ovide f or interaction w ith t he K nox S hopping Centre c ar par k. Thi s i s i n addi tion t o officer t ime, as not ed abov e i n S ection 5 of this report, to ensure the Knox Hybrid Powered Vehicle G rand P rix m et t he appr opriate c ompliance standards, and to oversee works to Council infrastructure to accommodate the event.

9. CONFIDENTIALITY

There are no confidential items in this report.

COUNCIL RESOLUTION MOVED: CR. MORTIMORE SECONDED: CR. COOPER

That Council consider:-

1. Sponsoring f or a f ive y ear per iod an annual Human/Hybrid Powered Vehicle Grand P rix event to the value of $10,000 per annum as part of its 2012 -13 budget and beyond.

2. Consider providing as part of i ts 2012-2013 budget and bey ond the following financial contribution for:

Capital Works $20,000; and

Event Support Costs $8,000 CARRIED


ALL WARDS

9.2 COMMUNITY HEALTH AND WELLBEING STRATEGY 2009-2013 AND COMMUNITY HEALTH AND WELLBEING REFERENCE GROUP – ANNUAL UPDATE

SUMMARY: Social Planner – Social Policy and Planning (Sharon Barker)

This report provides Council with an update from the Community Health and Wellbeing Reference Group on the progress of key community health and wellbeing matters in Knox since the Community Health and Wellbeing Strategy 2009-2013 was published in March 2010. Three matters are the focus of the report:

1. Community Health and Wellbeing Reference Group activities to support and monitor the Strategy;

2. Key findings from an annual review of the Strategy – which confirms that the Strategy is fulfilling its aims of informing and guiding community health and wellbeing program/service development and implementation in Knox; and

3. Advice on the methodology proposed to evaluate the Strategy at the end of its four-year term – which confirms that the evaluation methods articulated in the Strategy will ensure that Council achieves its legislative obligations in accordance with the Public Health and Wellbeing Act 2008.

RECOMMENDATION

That Council consider and note:

1. The progress of the Community Health and Wellbeing Reference Group in supporting and monitoring the Community Health and Wellbeing Strategy 2009-2013;

2. The key findings of the annual review of the Community Health and Wellbeing Strategy 2009-2013.

1. INTRODUCTION

Health and Wellbeing Act 2008 – Purpose and Function

The Public Health and Wellbeing Act 2008 (the Act) r equires C ouncil t o develop and i mplement a f our-year M unicipal P ublic H ealth and Wellbeing Plan (MPHWP). Section 263 of the Act requires Council to undertake annual reviews and ev aluate t he M PHWP at t he end of i ts t erm. The A ct does not provide any direction as to the conduct of the annual reviews and evaluation.

186 COUNCIL – COMMUNITY SERVICES 24 January 2012 9.2 Community Health and Wellbeing Strategy 2009-2013 and

Community Health and Wellbeing Reference Group – Annual Update (cont’d)

The Knox Community Health and Wellbeing Strategy 2009-2013 (the Strategy) is Council’s MPHWP. The S trategy w as dev eloped at t he end of 2009 and publ ished in March 2010. I t comprises three documents (Strategy, Profile and Focus A reas), w hich r espond t o t he ni ne c ommunity heal th and wellbeing pillars that define health and wellbeing in Knox.

These are:

• Healthy living; • Strong family and community; • Education and lifelong learning; • Work fulfilment; • Economic capacity; • Housing choices; • Leisure and culture; • Mobile and accessible community; and • Safe community.

The Strategy is a hi gh-level s trategic doc ument w hich s eeks t o i nform and guide the dev elopment of ac tion/business pl ans and heal th and w ellbeing services/programs in Council and t he broader community between 2009 and 2013.

The v alue of t his a pproach is that it m aximises t he S trategy’s i nfluence t o inform, direct and enabl e health and w ellbeing across the breath of activity in the municipality (built, social, economic and env ironmental) dur ing t he f our-year period of the Strategy. The breadth and complexity of the Strategy also presents s ome c hallenges i n terms of establishing and m aintaining effective methods t o i nform, s upport and ev aluate a pot entially unlimited range of activities, s ervices and pr ograms i n K nox with a diverse range of f ormal partners and informal players.

Priority Areas

Six priority areas are identified in the Strategy and were determined through a comprehensive analysis of research, data and community views and endorsed by the Community Health and Wellbeing Reference Group and by Council.

Three ‘gold star’ areas seek to direct attention and resources towards building on existing strengths and three ‘ red f lag’ ar eas s eek t o addr ess i dentified weaknesses.

Gold Stars Red Flags 1. General health 4. Housing choice

2. Citizen participation 5. Family violence

3. Leisure and culture 6. Community food access



Evaluation

The Community Health and W ellbeing R eference G roup ( the R eference Group) is responsible for supporting, monitoring and reviewing the Strategy as outlined i n i ts Ter ms of R eference. I t c omprises representatives from key community or ganisations, K nox P olice, t he V ictorian Department of Health, Councillors and Council staff.

The Strategy also sets out methods for its evaluation including:

• Annual reviews to monitor the pr ogress of t he S trategy and c heck f or ongoing relevance to Council and the community;

• Evaluation of actions plans at the conclusion of each action plan, to be undertaken by responsible business units at the end of the period of the action plan;

• Collection of community v iews on t he s tatus of heal th and wellbeing in Knox; and

• Quantitative evaluation of the s tatus of heal th and wellbeing in Knox at the end of t he l ife of t he S trategy, i ncluding a c omparison of new quantitative dat a t o bas eline dat a and t he ut ilisation of a s uite of indicators to provide a s napshot of the status of health and w ellbeing in Knox to determine improvements, decline and stability of each indicator.

1.1 Recent policy developments

Two important recent dev elopments i n t he br oader pol icy env ironment, namely the release of the Victorian Public Health and Wellbeing Plan and the introduction of t he N ational P artnership A greement on P reventative H ealth, are expected t o hav e a pos itive i mpact on C ouncil’s heal th and w ellbeing goals.

1.2 Victorian Public Health and Wellbeing Plan 2011-15

The Victorian Public Health and Wellbeing Plan 2011-15 was released by the State Government in September 2011 in accordance with its obligations under the Public Health and Wellbeing Act 2008 t o develop a f our-yearly plan with public health priorities for the State.

The P lan s eeks t o: improve the health and wellbeing of all Victorians by engaging communities in prevention and by strengthening systems for health protection, health promotion and preventative e-healthcare across all sectors and levels of government.



The proposed interventions include:

• Protecting public health and preventing disease, illness, injury, disability and premature death.

• Promoting conditions in which people can be healthy.

• Reducing inequalities in the state of public health and wellbeing.

Council’s S trategy al igns w ith many of t he Victorian Government’s proposed interventions, par ticularly i n r elation t o immunisation, environmental health, incident and em ergency r esponse, f ood s afety, he althy eat ing, phy sical activity and tobacco control. This alignment can be further strengthened when Council’s new Strategy is developed in 2014.

1.3 National Partnership Agreement on Preventative Health (NPAPH) and the Prevention Community Model

The N PAPH is an agr eement bet ween s tate, t erritory and C ommonwealth governments to address preventable chronic diseases by investing in positive health behaviours in pr e-schools, s chools, w orkplaces and communities. Implementation o f t he NPAPH in Vic toria will i nvolve statewide ac tion and targeted community-level investments. A t the community level, Knox is one of 14 m unicipalities (12 sites) that have been s elected t o es tablish t he Prevention Community Model to tackle unhealthy l ifestyles and env ironments that are contributing to rising rates of overweight and obesity and preventable chronic di sease. The Model w ill be i mplemented t hrough a c oordinated framework for a ction to addr ess t hese i ssues and a new pr eventive heal th workforce of eight people.

The details of the establishment of the Model in Knox are still being f inalised by the Victorian Government, Council and K nox C ommunity H ealth S ervice, but i t is ex pected t hat i t w ill bui ld on ex isting i nvestment i n heal th and wellbeing and contribute to supporting MPHWPs through the implementation of preventative health programs and research and evaluation.

2. DISCUSSION

2.1 Community Health and Wellbeing Reference Group Annual Update

The Reference Group meets on a bi-monthly basis to support and monitor the Strategy. The majority of t he w ork of t he R eference G roup ( since t he commencement of the Strategy in March 2010) has been focused upon:

• Ensuring members have a comprehensive understanding of the Strategy and its components;



• Guiding the promotion of t he S trategy, i ncluding r aising aw areness of the Strategy amongst member organisations of the Reference Group and broader community networks;

• Prioritising health and wellbeing issues for further exploration and action over the year;

• Investigating how t he S trategy c omplements and i ntegrates with other policy frameworks, service/program plans and priorities across Knox;

• Hosting presentations by Council officers and community representatives who are specifically implementing programs and actions aligned with the six priority areas of the S trategy and br oader S trategy out comes – to build relationships, l earn about t he appr oaches adopt ed, monitor progress and discuss complementary work being undertaken;

• Discussing new research related to key health and wellbeing issues;

• Reviewing t he pr oject br ief and f inal r eports for the annual review and the end-of-term evaluation advice projects for the Strategy;

• Sharing information regarding relevant community heal th and wellbeing activities and achievements in Knox; and

• Providing advice to Council where necessary.

Key priorities for the Reference Group over the next 12 months will include:

• Continue to engage w ith s takeholders to monitor the implementation of health and w ellbeing pr ograms and ac tivities t hat as sist t he implementation of the Strategy and emerging trends within Knox;

• Further consideration of t he i ssues r aised i n t he annual r eview and advice on the evaluation of the Strategy at the end of its four-year term;

• Oversight of the next annual review of the Strategy; and

• Provision of advice to Council as necessary.

2.2 Annual review of the Strategy

i. The annual review of the Strategy sought to:

• Report on the progress of targeted Council and community services, agencies and s takeholders that have an implementation role aligned with the Strategy; and

• Develop a t ool that allows Council to document and m onitor outputs and activities which are informed by and aligned with the Strategy.

The annual review process is part of the final evaluation of the Strategy required by legislation at the end of its four year term in 2013.



ii. The review focused particularly on the s ix pr iority areas of the Strategy and t he ex tent t o w hich t he S trategy w as ut ilised t o inform health and wellbeing planning and i mplementation across the municipality. Face-to-face i nterviews w ere c onducted w ith k ey stakeholders including community sector representatives and C ouncil s taff (most of whom had been interviewed previously in 2009).

Research i nformants w ere as ked a r ange of questions regarding the context of health and wellbeing in Knox.

iii. There are no precise quantitative measures that can reliably show (on an annual basis) the contribution of the Strategy (or MPHWP) to health and wellbeing in Knox Council. To m easure the influence and i mpact of the MPHWP, community-based s takeholders were engaged t o ‘tell t heir story’ of the ways in which they have been involved in implementing the health and w ellbeing priorities, as w ell as ex ploring the r each of those interventions. An added benefit of this approach is that it assists to build t rust and enhanc e r elationships w ith s takeholders, foster ongoing cooperation and ex pand the collective under standing of heal th and wellbeing issues in Knox.

2.3 Overview of findings

Following t he r eview, no c hanges to t he s tructure of t he S trategy ar e recommended as the review confirmed that the Strategy (vision, pillars, data, priority ar eas and des ired out comes) i s i nforming and guiding community health and wellbeing service and program development and implementation in Knox. All informants reported that the Strategy continued to be highly relevant to their service and directed/supported work undertaken with people in Knox.

A s hift i n t he pr ofile of r esidents s eeking c ommunity s upport services, particularly amongst younger and older people and those living in the southern areas of the municipality, was identified as an em erging t rend. Thi s w as reportedly due to issues such as hous ing s tress, t ime pov erty and t he increasing costs of t ransport and hous ehold ut ilities. These em erging t rends will be discussed by the R eference G roup t o ens ure t hat t his i nformation i s shared with stakeholders and considered w hen m onitoring and dev eloping future programs, activities and business plans.

The i ncreased dem and f or em ergency relief and affordable hous ing, as we ll as t he r eported need f or i ncreased s upport f or peopl e i n c omplex f inancial situations and with m ental heal th issues, has been not ed by t he R eference Group as matters for further investigation and analysis. These issues will also be c onsidered as par t of t he r eview and updat e of t he Knox Affordable Housing Action Plan and dev elopment of the Knox Mental Health Profile and other Knox Council strategic plans and activities.



It was also reported that Council has continued to nurture civic participation, at a local government level, through t he m aintenance of adv isory committees and steering groups and, at a local community level, through the development of local village type place programs and community reference groups. Council informants were par ticularly r eflective of the value of t hese appr oaches and expressed interest in the future exploration of possibilities to:

• Reduce the burden of C ouncil r equirements ( ‘red t ape’) as sociated w ith local community events; and

• Encourage residents’ decision-making in relation to local area issues.

A more detailed summary of:

• Community strengths; • Community challenges; and • Activity highlights is included in Attachment A for information.

2.4 Preparation for Evaluation of the Strategy - 2013

In March 2011, independent advice w as s ought on t he ev aluation m ethods proposed in the Strategy and a r eport pr ovided to C ouncil O fficers. The evaluation methods proposed comprise four components:

1. Annual reviews; 2. Evaluation by Council and C ommunity action pl ans t hat hav e been

informed by the Strategy; 3. Community views of the status of health and wellbeing in Knox; and 4. Quantitative evaluation of c redible dat a s ources ( including r eporting

against 26 indicators).

The pur pose of s eeking t he adv ice w as to test whether the proposed evaluation methods are adequate to ens ure C ouncil’s c ompliance w ith i ts legislative obl igations and t o ex plore pos sible opt ions t o gat her c ommunity views on the status of health and wellbeing in Knox.

The report advised that the evaluation methods proposed in the Strategy will ensure Council’s compliance with its legislative obligations and recommended some areas that would benefit from strengthened approaches.

This included:

• The approach t o engagi ng w ith K nox r esidents r egarding t he s tatus of Health and Wellbeing in Knox; and

• the approach to measuring how individual Action Plans advance population Health and Wellbeing outcomes.



These strengthened evaluation methods, appr oaches and opt ions f or evaluating t he ne xt M PHWP ( 2014-18) will now be di scussed by t he Reference Group and appr oaches f inalised i n pr eparation f or t his nex t. I t i s expected Councillors will r eceive a f inal s trategy ev aluation r eport i n November 2013.

3. CONSULTATION

The Community Health and W ellbeing Reference Group consults through i ts membership with a w ide r ange of s takeholders t o s upport and m onitor t he Strategy, as w ell as pr omoting i nformation sharing, partnerships and opportunities from complementary service pr ovision i n r esponse t o t he strategy. Relevant targeted s takeholders were engaged i n the annual review and have provided advice on evaluating the Strategy at the end of its four-year term. The Reference Group has received a presentation on the key findings of the review and w ill be considering this information as they plan and dev elop future services and activities.

Council’s S ocial P olicy and P lanning t eam has also engaged with relevant stakeholders to promote an understanding of the role of the Strategy to inform planning across the Knox municipality and to support implementation.


The Strategy aligns with the Victorian Government’s Environments for Health Framework, which ensures that health and wellbeing planning responds to the built/physical, s ocial, economic and nat ural di mensions. W ithin t he S trategy each Community Health Wellbeing priority outlines directions and examples of how to address health and w ellbeing ac ross t hese env ironments. Environmental and amenity issues are also addressed in many of the action and business plans that are informed by the Strategy, for example, the Knox Integrated Transport Plan, t he Knox Affordable Housing Action Plan, t he Sustainable City Plan and the Graffiti Action Plan.


There i s currently no s pecific f unding f rom the V ictorian Government for the development, implementation, r eview or ev aluation of M PHWPs. Council’s financial and hum an r esources ar e utilised t o plan, i mplement and ev aluate MPHWPs and to ensure Council’s compliance with its legislative obligations.



The National Partnership Agreement on Preventative Health (NPAPH) funding (2011/12 to 2014/15) i s $3, 892,435.50. Thi s f unding w ill s upport t he establishment of a new NPAPH workforce and an oper ating budget to enable Healthy Living P rogram. Thi s f unded pr ogram i ntends t o bui ld on ex isting investment in health and wellbeing and may contribute to supporting MPHWP outcomes through the implementation of preventative health programs, which will target smoking, nutrition, alcohol and physical activity, as well as research and ev aluation. A t t his s tage, i t i s difficult to determine the extent of t his support unt il t he N PAPH i s f ully i mplemented in Knox. Implementation will commence in 2012.

Due t o an i ncreased f ocus i n t he l egislation on reviewing and evaluating MPHWPs, additional Council r esources m ay need t o be c onsidered t o evaluate the Strategy in the future.


The Strategy is based upon a popul ation appr oach t o heal th and w ellbeing, and focuses upon i mproving the health status of the whole community rather than individuals within it. Thi s appr oach s eeks t o r educe inequities and strengthen social cohesion and community engagement.

Implement of t he s trategy ai ms t o enabl e i ts v ision of c ommunity heal th, happiness and opportunity.


The Strategy directly aligns with the following strategic objective articulated in the Knox City Council Plan 2009-13:

‘Community w ellbeing – to improve the health and w ellbeing of t he K nox community and support opportunities for community members to participate in a vibrant community life.’

8. CONCLUSION

This report has presented Council with an update from the Community Health and W ellbeing R eference G roup on c urrent k ey c ommunity health and wellbeing matters and activities in Knox over the last year. It confirms that the Strategy continues to be r elevant and w ell utilised by Council and c ommunity stakeholders. It highlights key achievements, activities, strengths, challenges, and emerging issues. I t also adv ises that Council is on-track to evaluate the Strategy at t he end of i ts f our-year t erm i n ac cordance w ith its le gislative obligations.



Council and Community agencies will continue to implement this Strategy and the K nox C ommunity H ealth and W ellbeing S trategy R eference G roup will support, monitor and review strategy until its conclusion in 2013.

9. CONFIDENTIALITY

There are no known confidentiality issues associated with this report.

COUNCIL RESOLUTION MOVED: CR. McMILLAN SECONDED: CR. MORTIMORE

That Council consider and note:

1. The progress of the Community Health and Wellbeing Reference Group in supporting and m onitoring the Community Health and Wellbeing Strategy 2009-2013;

2. The key findings of the annual review of the Community Health and Wellbeing Strategy 2009-2013.

CARRIED


APPENDIX A

COMMUNITY HEALTH AND WELLBEING STRATEGY 2009-2013 AND COMMUNITY HEALTH AND WELLBEING REFERENCE GROUP – ANNUAL UPDATE

Community Strengths

Five themes of community strength were identified:

1. Presence of significant numbers of Knox residents with financial assets; 2. Presence of c hurches, s porting c lubs and i nterest groups that nurture

opportunities for personal development and social connection; 3. Support provided to Knox residents by volunteers; 4. A high quality local government –

• that has experienced staff who are committed to the health and wellbeing of the community,

• with an early years program that is excellent,

• a plan for the provision of affordable housing,

• plans such as Bayswater 2020 to enhance people’s ability to live lives of dignity in disadvantaged areas, and

• a community engagement pl an t hat i s i nformed by c ommitments t o IAP21

5. Excellent community services – such as t he K nox C ommunity H ealth Service.

; and

Council’s continued contribution t o health pr omotion and m aintenance activities was noted as supporting the community’s:

• General health, in compliance with its legislative obligations, through the provision of adequate resources to meet delivery costs (performing well in relation to expectations);

• Access to affordable leisure and culture (participation levels continuing to increase) and social connection;

• Access to housing choice;

• Access to healthy food;

• Reduced tolerance to violence perpetrated against women.

1 IAP2 is the International Association of Public Participation’s public participation model.


Community Health and Wellbeing Strategy 2009-2013 and Community Health and Wellbeing Reference Group – Annual Update (cont’d)

Community challenges

The review identified the following community challenges:

• Accessing a ffordable hous ing (particularly r elated t o Feder al and S tate Government policy);

• Accessing convenient and r egular publ ic transport (particularly related t o State Government policy);

• Social c onnection ( arising f rom a range of f actors – but af fected by t he dispersal of f amilies and f riendship net works i n the s earch f or af fordable housing and a deficient public transport system);

• The need f or increased support for peopl e in complex f inancial s ituations and with mental health conditions; and

• The rapid escalation in need for emergency relief.2

Community service informants reported continuing demand for r emedial and preventative programs relating to general health, housing, family violence and community development.

With regard to the general heal th of the people in Knox, informants bel ieved that residents would self-report their overall health as being significantly better than the national average, but t hat v ulnerability t o t ype I I di abetes and moderate and s evere s tress per sists. I nformants al so obs erved t hat the causes of these vulnerabilities were beyond local government’s control, such as:

• Advertising and the ready availability of unhealthy convenience food;

• Lack of access to affordable housing;

• High workforce participation to manage t he c osts of hous ing and r aising families (the dominant life stage of families in Knox); and

• Time poverty for those balancing work, child-rearing and travel to dispersed family and social connections.

2 Emergency Relief is the provision of assistance to people in need. It consists of the provision of financial and material aid to meet an immediate need, and a referral service to link people with specialist community services (ACOSS, 2003).



Activity highlights – Priority Areas

A number of ac tivities in relation to the s ix pr iority areas were highlighted in the review.

General health – Council’s H ealth S ervices c ontinued t o inspect premises registered under the Food A ct and P ublic Health and Wellbeing Act, enforce food safety and tobacco regulation and provide a public immunisation service. Council al so c onducted educ ation s essions and participated in community events t o pr omote heal th r elated m essages, including the consumption of healthy food. Knox Leisure Works provided a range of services, facilities and programs to promote physical activity including aerobic and aqua c lasses to a range of vulnerable and di sadvantaged gr oups. A r ange of c ounselling, support and family services were provided by organisations such as Anglicare and Women’s Health East.

Council’s recent advocacy for the development of a Headspace service within the Knox area aims to enhance the mental health services for young people.

Citizen participation – Council provided a f ree program of Community Skills Workshops f or v olunteer and non -profit community groups t o bui ld and enhance skills and knowledge in Knox. Council’s Community Grants Program also pr ovided f unding t o c ommunity gr oups in Knox to enhance c itizen participation. Council festivals and events programs are highly valued program which creates substantive opportunity for participation in community activities and events.

Leisure and culture – Council presented a broad range of events during the year i ncluding t he Stringybark Festival, Knox A rts Fes tival, S eniors Fes tival, Youth Festival, Heritage Festival, C arols by C andlelight, an A ustralia D ay event and the K nox C ommunity A rts C entre pr ogram. Fes tivals i n K nox ar e well at tended and m ake a valuable contribution to s upporting l eisure and culture in Knox. In addition, C ouncils s upply of l eisure and c ultural infrastructure and facilities including sporting, arts and library services ensures opportunity for community members par ticipate i n l eisure and c ulture activities.

Housing choice – Council has i mplemented i ts K nox A ffordable H ousing Action Plan and has developed a Referral Protocol between Knox City Council and Community Housing Limited and W omen’s Housing Limited to guide the referral and al location of social housing. C ouncil al so hos ts t he s ecretariat position f or t he E astern A ffordable H ousing Alliance, which advocates for more affordable housing i n t he r egion. D ue t o s trong adv ocacy by C ouncil, 264 social hous ing dwellings are currently being developed or refurbished in Knox. The provision of a br oad range of hous ing support and c risis services was provided in Knox by Harrison Community Services.



Family violence – Council prepared a s ub r egional s ubmission, w hich resulted in the funding of the Prevention of Violence Against Women Project for the Outer East (Yarra Ranges, Maroondah and K nox). Knox City Council will t ake t he le ad wit h this pr oject hos ting of ficer at K nox C ouncil. O ther activities t hat C ouncil has been i nvolved i n i ncludes the Knox Accord which engages community leaders to advocate for the prevention of violence against women, as well as the Ambassadors’ Program led by men to empower men to prevent violence against women. Fam ily v iolence counselling and m ediation services were also provided by Knox Community Health Service and Harrison Community S ervices and a r ange of hous ing services for family violence victims was provided by Harrison Community Service and CityLife Community Care. The es tablishment of an O uter East Alliance for Prevention of Violence Against Women has been a highly valued achievement.

Community food access – Council, the Nourish Network and the Emergency Relief N etwork c ollaborated t o bot h r aise aw areness of f ood access and nutrition issues in Knox and educ ate our c ommunity r egarding t his i ssue t o enable positive ac tion. K nox has s een t he es tablishment of f our c ommunity food gar dens and pl anning i s und erway for two f urther c ommunity f ood gardens.

Council has i ncreased i ts s upport of c ommunity agenc ies i nterested in establishing a variety of responses to this issue including the development of community m eals and c ommunity k itchens t hrough di stribution o f f unds through its Welfare Trust Fund.

Council has implemented a r ange of nut rition focused projects through Knox Family and Children Services t o r aise aw areness and c hange behav iours regarding healthy eating.

199 COUNCIL – CORPORATE DEVELOPMENT 24 January 2012

ALL WARDS

10.1 AMENDMENT TO 2011-12 BUDGET SCHEDULE – FEES AND CHARGES FOR CHILD CARE SERVICES

SUMMARY: Director – Corporate Development (Mark Dupe)

The 2011-12 Budget was adopted by Council on 28 June 2011. In adopting the Budget, Council approves a schedule of Fees and Charges for a range of Council services for the budget year.

Council’s commitment to good governance requires that any changes to the adopted schedule be endorsed by Council. This report seeks Council endorsement for the Long Day Care fees to increase from $87.36 per week to $88.00 per week and for Occasional Day Care fees to increase from $9.26 per hour to $9.53 per hour.

The proposed increases are due to the requirement for the implementation of the new national regulations in relation to staffing ratios and increased staff responsibilities which became effective on 1 January 2012. It is noted Council have been briefed on these changes several times in the past two years. The proposed increases ensure Council’s position of cost neutrality for these services is maintained.

RECOMMENDATION

That Council

1. Endorse the increase in weekly fees for Long Day Care to $88.00 per week, effective 13 February 2012.

2. Endorse the increase in Occasional Day Care to $9.53 per hour, effective 13 February 2012.

1. INTRODUCTION

Council adopts a Fees and Charges schedule for a range of services through the annual budget process. Council adopted the 2011-12 Budget on 28 J une 2011.

Due to the ongoing nature of Council service delivery there is the requirement for the Fees and Charges to be amended during the budget year. This is not a regular occurrence, however, when changes are required to the Fees and Charges schedule as adopted by Council i t i s a l egislative r equirement f or Council to resolve on the proposed amendment.

This report seeks Council endorsement for increases in the adopted 2011-12 Fees and Charges schedule for Long D ay Care weekly fees and O ccasional Day Care hourly fees as noted in the following section of the report.

200 COUNCIL – CORPORATE DEVELOPMENT 24 January 2012 10.1 Amendment to 2011-12 Budget Schedule – Fees and Charges for

Child Care Services (cont’d)

2. DISCUSSION

The proposed increase in Long Day C are w eekly f ees i s f rom $87. 36 per week to $88.00 per week and for Occasional Day Care to increase from $9.26 per hour to $9.53 per hour. This is to be effective from 13 February 2012.

The reasons for the proposed increase in fees are as follows:

• Council’s c urrent pos ition i n t he del ivery of t he Long D ay C are and Occasional Day Care services is for these services to be at “no net cost to Council”. O n 23 N ovember 2004, Council resolved to provide for the cost of Childcare building infrastructure for the service and t he ongoing funding required to adequately pr ovide f or t he upgr ade and refurbishment of bui ldings us ed by t his s ervice. C ouncil al so r esolved that the operational and maintenance costs of the service be fully funded by t he c ollection of f ees and oper ational gr ants t hat w ould result in achieving a balanced budget each financial year.

• In l ine with the legislative changes of which Council has been informed over t he l ast 2 y ears, t he c ost of implementation of these changes requires the recovery of the increased c ost t hrough a f ee adj ustment. Relevant changes to C ouncil’s s ervices i nclude i ncreased s taff:child ratios f or c hildren t hree y ears and under, and the r equirement f or a certified supervisor to be present at t he c entre at al l t imes, c reating “second in charge” positions at each service.

• The increase in fees ensures C ouncil i s ac ting i n ac cordance w ith National Competition Policy.

Should Council endorse the proposed increases service users will be advised immediately of the increase in fees. Council is required to provide at least 14 days not ice of t he f ee i ncreases. The communication is proposed to commence on 25 January 2012 w ith t he i mplementation r ecommended f or commencement on 13 Febr uary. Thi s ensures al l af fected service users are appropriately informed.

It is likely another adjustment in fees will be required in July 2012 and this will be reflected in the 2012-13 budget papers.

Through i ncremental percentage i ncreases i n f ees s ince 2004, C ouncil w as able to es tablish a bal anced budget appr oach f or t he 2011 -12 budget y ear. However, it should be noted t hat t he ov erall i ncrease i n oper ational c osts throughout this time has seen a trend towards lower utilisation by families and the constraints of achieving economies of scale in such comparatively small centres has meant t hat C ouncil’s c hildcare s ervices now hav e s ome of t he highest fees in the municipality.

The ef fect of the proposed changes on c urrent and f uture demand for these services will be monitored and Council will be advised of any significant trends as they become apparent.



3. CONSULTATION

No consultation is required in relation to this report. Should Council adopt the proposed f ee i ncreases, c ommunication w ith s ervice us ers w ill c ommence immediately.


There are no environmental and amenity issues with this report.


There i s a l egislative requirement for Council t o resolve to change the Fees and C harges s chedule adopt ed as par t of t he 2011 -12 budget on 28 J une 2011. It is estimated the total impact of the proposed fee increase is in the order of $130, 000 t o $140, 000 t o r ecover t he ex pected increase in cost of service delivery effective from 13 February 2012.


As a pi oneer i n t he r ole of l ocal gov ernment di rectly del ivering ear ly years services, Council’s previous and current commitment to early years is clearly supported by longitudinal, scientific evidence. No other t ime in a per son’s l ife has the same potential for return on investment than the early years.

Contemporary research demonstrates that high quality childcare services can significantly impact on t he f uture of children and f amilies in a community. In particular, children from disadvantaged backgrounds benefit from high quality compensatory early education and c are pr ograms ( Shonkoff and P hillips, 2000).

Policy platforms at all l evels of gov ernment c ontinue t o pl ace c hildcare services in the context of a commercial “fee for service” rather than a universal service and a right for all children and thus be subject to National Competition Policy. T his m odel continues to place pr essure on f amilies t o bear t he t otal cost of any increases in service costs. The gr eatest impact can be on those families who require childcare to access employment and s tudy opportunities and who m ay al so be v ulnerable i n t erms of healthy, s ocial and f inancial issues.

7. RELEVANCE TO KNOX COMMUNITY AND COUNCIL PLAN

Council’s P lan f or 2009 -2013 s tates t hat “ Knox C ouncil’s purpose is to enhance the quality of life for the Knox community: in particular, Council has highlighted some Key Focus Areas for this Council Plan which include:

• Ensuring Council delivers value for money • Improving communications with the community



• Ensuring our s ervices r espond t o c hanging c ommunity needs and government policy

• Enhancing t he c ommunity’s abi lity t o ac cess s ervices t hrough t he provision of co-located services in appropriate locations

• Considering the impacts of the changing economic conditions. • Ensuring community infrastructure is provided, managed and maintained

to m eet c ommunity needs and i n ac cordance w ith compliance requirements.

8. CONCLUSION

The 2011-12 Budget was adopted by Council on 28 J une 2011. In adopting the budget Council approves a s chedule of Fees and C harges for a r ange of Council services for the budget year.

Council’s commitment to good governance requires that any changes to the adopted Schedule be endorsed by C ouncil. Thi s r eport s eeks C ouncil endorsement for the Long Day Care fees to increase from $87.36 per week to $88.00 per week and for Occasional Day Care fees to increase from $9.26 per hour to $9.53 per hour.

The proposed increases ensure Council’s position of cost neutrality for these services is maintained. The i ncreases ar e due t o t he r equirement f or t he implementation of the new national regulations in relation to staffing ratios and increased staff responsibilities, effective from 13 February 2012.

9. CONFIDENTIALITY


COUNCIL RESOLUTION MOVED: CR. COOPER SECONDED: CR. McMILLAN

That Council

1. Endorse the increase in w eekly f ees f or Long D ay C are t o $440.00 per week ($88.00 per day), effective 13 February 2012.

2. Endorse the increase in Occasional Day Care to $9.53 per hour, effective 13 February 2012.

CARRIED


ALL WARDS

10.2 LAND UNDER ROADS

SUMMARY: Manager – Finance (Angelica Marshall)

In July 2011, the Department of Planning and Community Development advised Councils of changes to the reporting requirements of Land Under Roads. This advice is attached.

The advice from DPCD essentially recommends a change to the valuation of land under roads, using a valuation methodology that only 9% of Councils are currently using. Changing to this methodology will require significant resource investment from Council for what is deemed to be immaterial community or financial benefit.

This report seeks Council’s endorsement for officers to write to DPCD to recommend that Councils in Victoria adopt the method of valuation that the majority of Councils (including Knox) are currently using in relation to valuing land under roads.

RECOMMENDATION

That Council endorse the Chief Executive Officer to write to Department of Planning and Community Development to recommend that Councils in Victoria adopt the fair value method for valuing land under roads, given that the majority of Councils (including Knox) are currently using this valuation method and outline the reasons for this preference.

1. INTRODUCTION

In December 2007, the Australian Accounting Standards Board issued AASB 1051: Land Under Roads (LUR). The Standard came into operation on 1 J uly 2008 and required each local government and government department to:

• Make a final election to recognise or not to recognise LUR acquired before

1 July 2008 as an asset; and

• Recognise all LUR acquired after 30 June 2008 as an asset.

The V ictorian A uditor-General not ed i n Local Government: Results of the 2008-09 Audits, November 2009 t hat C ouncils had el ected one of t he following four recognition and valuation options: • recognise all roads using the cost method

• recognise all roads using the fair value method

• only recognise roads acquired after 1 July 2008 using the cost method

• only r ecognise r oads ac quired af ter 1 J uly 2008 using the fair v alue method

204 COUNCIL – CORPORATE DEVELOPMENT 24 January 2012 10.2 Land Under Roads (cont’d)

The V ictorian A uditor-General f urther not ed t hat t he di ffering opt ions for valuation selected by Councils for the recognition and valuation of LUR whilst permitted under t he S tandard, has l imited the comparability o f f inancial information reported by t he s ector. The A uditor-General r ecommended t hat the Department of Planning and Community Development (DPCD):

“Provide guidance to ent ities within the local government sector to improve the consistency and c omparability of t he f inancial information in the sector.”

In ac cordance w ith t he G overnment’s c ommitment t o ac hieving t he highest levels of t ransparency and ac countability i n reporting, DPCD has developed the attached guidance for Councils for the recognition and valuation of LUR.

The guidance recommends the following for all Councils: • Recognition of LUR pre 1 July 2008. These should be accounted for at fair

value. • Recognition of LUR post 1 J uly 2008. These should be ac counted for at

fair value.

DPCD believes the suggested move to recognition of all LUR and accounting at fair value will br ing local government’s reporting into al ignment w ith S tate departments and agenc ies. D PCD hopes t his w ill as sist t o ac hieve bet ter integration of as set i nformation, i mprove ac countability and r eliability i n decision making.

DPCD acknowledges that recognition of LUR pre 1 July 2008 and ac counting for these assets at fair value at the t ime of acquisition will necessitate some additional work for Councils i n det ermining a r eported value. A ccordingly, a transition period of up to three y ears i s pr oposed. For t he 2014/ 15 f inancial statements all Councils are to be compliant.

Councils are recommended to apply the attached guidance to the recognition of LU R as s oon as practicable, but no l ater t han t he 2014/ 15 f inancial statements.

2. DISCUSSION

When the initial changes were introduced, Knox opted to only recognise land under roads acquired af ter 1 J uly 2008 us ing the cost method. It is Officers’ understanding that 51% of Councils are also using this method.

These new changes will require Knox to:

1. Revalue existing land under roads ( ie pos t 1 J uly 2008) - currently valued at cost, to fair value, and


2. Identify and bring to account pre 1 July 2008 land under roads and value them at fair value.

Additional valuation resources would be required to enact these changes, and it i s l ikely t hese addi tional r esources w ill be of a material and s ignificant amount (e.g. in the range of $50,000 - $100,000).

Management are pr oposing t o w rite t o D PCD t o r ecommend t hat, gi ven the majority of Councils ar e currently valuing at cost f rom 1 J uly 2008, t hat this approach s hould c ontinue t o be s upported i n m eeting obl igations under this area of v aluation. Thi s appr oach w ill s till ac hieve c onsistency and comparability across t he s ector f or v aluing l and under r oads, w ith t he l east amount of financial and resource impact on the majority of Councils. It should be noted the current approach is compliant with AASB standards.

There is no prospect of a qualified audit opinion with the current approach.

3. CONSULTATION

This report does not necessitate community consultation. A copy of this report has been pr esented t o t he A udit C ommittee, and the Committee have endorsed the recommendation at the Committee meeting held on 13 October 2011.


This report does not have any environmental or amenity issues for discussion.


If Council is required to comply with DPCD’s recommendation, it is estimated financial resources in the order of $50,000 to $100,000 would be required.


There are no direct social implications arising from this report.


Through ac tive adv ocacy on f inancial i ssues, C ouncil ens ures t hat i t i s contributing t owards m eeting i ts obj ective of S tewardship of Fi nances and Assets which states that we will manage our assets and financial resources on behalf of the community in a responsible and sustainable manner.


8. CONCLUSION

If DPCD does not alter its position on land under roads, and the legislation on land under roads is amended to reflect their current position, Council will incur substantial costs to comply. If t he l egislation i s not am ended, but D PCD maintains i ts pos ition, and K nox c hooses not t o follow DPCD’s recommendation, it is likely this issue will appear in Council’s future External Audit Management Letters.

9. CONFIDENTIALITY

There are no confidential issues related to this report.

COUNCIL RESOLUTION MOVED: CR. PEARCE SECONDED: CR. COSSARI

That C ouncil endor se the C hief E xecutive O fficer t o w rite t o Department of Planning and C ommunity Development to recommend that Councils in Victoria adopt the fair value method for valuing land under roads, given that the majority of Councils ( including Knox) are currently using this valuation method and out line the reasons for this preference. CARRIED

207 COUNCIL – CORPORATE DEVELOPMENT 24 January 2012 APPENDIX A/1

208 COUNCIL – CORPORATE DEVELOPMENT 24 January 2012 APPENDIX A/2


ALL WARDS

10.3 REVIEW OF GOVERNANCE POLICIES

SUMMARY: Acting Manager – Governance (Carrie Bruce)

This report presents to Council the following 3 policies for review:

• Ward Contingency Funds

• Individual Sporting Grants

• Public Question Time

The proposed changes to the policies fall into the following categories:

• Ensuring compliance with current legislation

• Ensuring consistency with other Council policies and programs

• Strengthening governance arrangements and accountability

• Minor amendments to terminology

• Translating documents to the current policy template

The report also recommends sunsetting the Public Question Time policy statement which is now reflected in its entirety and further expanded upon in the Meeting Procedure and Use of Common Seal Local Law.

RECOMMENDATION

That Council

1. adopt the following revised polices presented to this meeting and shown as appendices A and B:

• Ward Contingency Funds Policy;

• Sporting Grants for Individuals Policy; and

2. sunset the Public Question Time Policy as provision for Public Question Time is now reflected in Council’s Meeting Procedure and Use of Common Seal Local Law of 2008.

1. INTRODUCTION

Council maintains a comprehensive suite of policies which guide its operations by ensuring appropriate governance processes are in place to support quality decision making and accountability. Periodic r eviews ar e central t o ensuring that policies remain current and add value to the organisation’s operations.

210 COUNCIL – CORPORATE DEVELOPMENT 24 January 2012 10.3 Review of Governance Policies (cont’d)

2. DISCUSSION

The am endments and ex tensions pr oposed f or each pol icy ar e s ummarised below:

2.1 Ward Contingency Funds (Appendix A)

This pol icy has been am ended i n or der t o s trengthen governance and accountability in relation to the administration and ex penditure of ward funds. The following amendments are proposed:

• The def inition f or ‘ Community G roup’ has been s trengthened to clearly articulate t he or ganisations t hat ar e el igible t o appl y f or funding under this policy. The definition expressly excludes those entities whose profits are distributed to owners or investors, educational institutions and S tate and Federal government departments and agencies.

• A def inition f or ‘ Not f or P rofit’ has been included and is based on the definition provided by the Australian Taxation Office.

• A new def inition f or ‘ Incidental Funding’ has been i ncluded t o pr ovide clarity around the types of requests that are designed to be funded from this program. Requests for funding ar e t o be appl ied t o m inor, intermittent, o ne-off funding r equests gener ally i n r elation t o pr oject based i nitiatives. O ther f unding pr ograms w ithin C ouncil, s uch as t he Community Development Fund, are designed to capture more significant partnership based activities and expenditure.

• Clause 6.3.5 is a new clause which clarifies the purpose of the program which is to r espond t o one -off funding requests. The pr ogram i s not designed t o r espond t o appl ications f or ongoi ng, r egular or recurrent funding w hich s hould be addr essed t hrough C ouncil’s budget process. This clause also includes an additional qualifying statement that financial donations and general fundraising activities will not be supported through the Ward Contingency Fund as these types of activities do not fall within the scope of this policy.

• Clause 6.3.6 is a new clause which introduces maximum grant limits of $1000 for individual Wards and $3000 f or j oint gr ants. The m aximum individual Ward limits apply f or j oint gr ants and i t m ust al so be demonstrated that the applicant c ontributes t o and benef its eac h w ard contributing t o t he gr ant. The i ntroduction of these t hresholds strengthens governance and accountability in relation to the expenditure of C ouncil f unds. I t i s al so c onsidered appr opriate t hat appl ications above $3000 be as sessed t hrough a m ore r igorous process against competing projects (as happens through the Budget process).


• Clause 6. 8 has been am ended t o r eflect recent changes to the Local Government Act 1989 whereby Council el ections w ill now be hel d i n October. The per centage of funds quarantined has increased from 60% to 70% to reflect this change.

• Clause 6.11 is a new clause which clarifies that staff must approve and subsequently commit Council expenditure i n ac cordance w ith t heir delegated authority.

2.2 Sporting Grants for Individuals (Appendix B)

This pol icy has been am ended i n or der t o s trengthen governance and accountability i n r elation t o t he adm inistration of f unds. The f ollowing amendments are proposed:

• The policy has been re named to more clearly articulate its purpose.

• A new def inition has been added for ‘ Delegate’, bei ng a per son nominated by the C hief E xecutive O fficer t o m anage t he pr ogram i n accordance with the policy.

• Clause 6.6 has been amended t o c larify how t he f unding w ill be administered each financial year. This is a reflection of current practice.

• Clause 6.8 has been included to ensure that staff administering the fund are cognisant of their responsibility to identify any conflict of interest they may hav e i n r elation t o t he ex penditure of C ouncil f unds and for the conflicted party to remove themselves from the decision making process.

No f urther c hanges ar e pr oposed ot her t han t ransferring t he pol icy i nto the current policy template.

2.3 Public Question Time

On 9 March 1999 the Strategic Planning Committee adopted a pol icy position to support the conduct of P ublic Q uestion Ti me at C ouncil m eetings. The Committee resolved as follows:

1. That any additional questions received by t he publ ic i n t he ques tion box provided at t he C ouncil M eeting up t o t he c ommencement of Q uestion Time w ill be c onsidered as bei ng a ques tion r eceived under Section 54(a)(i).

2. Where a detailed or researched response cannot be provided to a question during P ublic Q uestion Ti me, t he ques tion m ay be taken on notice, in which case an ans wer will shall be pr ovided by letter within three working days.

3. Any C ouncillor w ishing t o pr ovide a per sonal r esponse to a question be permitted to do so after the Chairman has had the opportunity to respond.


Since t his pol icy pos ition was adopted, C ouncil has under taken a comprehensive r eview of i ts m eeting pr ocedure. I n 2008 Council, in consultation with the community, reviewed and adopt ed t he M eeting Procedure and U se of C ommon S eal Loc al Law 2008 which details the procedure f or Public Q uestion Ti me at an O rdinary C ouncil m eeting. The review resulted in one minor modification to the policy position which extends the time for Council to respond to questions from three days to five days. It is considered appropriate that the 1999 policy now be sunset.

3. CONSULTATION

Extensive consultation has been under taken i n r elation t o t he r eview of t he Ward C ontingency Fund pol icy. C ouncillors w ere br iefed on t he pr oposed changes at a briefing session and feedback has been taken into consideration in drafting the policy presented for consideration.

In relation to the review of all three policies, consultation has been undertaken with the Chief Executive Officer, D irector C orporate D evelopment and Manager Governance.


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


The pol icies as pr esented hav e no incremental financial implications for Council.


The appl ication o f these pol icies pr ovides C ouncil w ith an oppor tunity t o directly support a range of community groups and individuals within Knox.


These pol icies s upport t he k ey result area - A w ell gov erned and l eading organisation - by ensuring accountability through the application of appropriate governance processes around the expenditure of Council funds.

8. CONCLUSION

It is recommended that Council endorse the revised Ward Contingency Fund and Individual Sporting Grant pol icies and sunset the Public Question Policy for the reasons outlined in this report.


9. CONFIDENTIALITY

There are no issues of confidentiality associated with this report.

COUNCIL RESOLUTION MOVED: CR. PEARCE SECONDED: CR. McMILLAN

That Council

1. adopt the following revised policy presented to this meeting and shown as appendix B:

• Sporting Grants for Individuals Policy;

2. defer c onsideration of W ard C ontingency Funds P olicy to a subsequent meeting; and

3. sunset t he P ublic Q uestion Ti me P olicy as pr ovision f or Public Question Time is now reflected in Council’s Meeting Procedure and Use of Common Seal Local Law of 2008.

CARRIED

214 COUNCIL – CORPORATE DEVELOPMENT 24 January 2012 Appendix A

DRAFT KNOX POLICY

WARD CONTINGENCY FUNDS

Policy Number:

2004/07 Directorate: Corporate Development

Approval by:

Council Responsible Officer:

Manager Governance

Approval Date:

24 January 2012 Version Number:

4

Review Date:

24 January 2015

1. PURPOSE

The pur pose of t his P olicy is t o gui de t he al location of W ard C ontingency Funds.

2. CONTEXT

This Policy is to be read in conjunction with the following two policies:

• Sporting Grants for Individuals Policy • Knox Arts and Cultural Grants Policy

3. SCOPE

This Policy applies to all allocations from the Ward Contingency Funds.

4. REFERENCES

4.1 Council Plan • Effective Governance • Partnering and Engaging

4.2 Relevant Legislation • Local Government Act 1989 – Conflict and Interest Provisions

4.3 Charter of Human Rights • This Policy has been assessed against and complies with the Charter

of Human Rights.

4.4 Related Council Policies • Sporting Grants for Individuals Policy • Knox Arts and Cultural Grants Policy • Election Period Policy • Councillor Code of Conduct • Community Development Fund Grant Program


4.5 Related Council Procedures • Nil

5. DEFINITIONS In this Policy:

Community Group(s)

Means a legal ent ity t hat pr ovides s ervices, s upport or activities to t he K nox c ommunity. Thi s ex pressly excludes entities whose profits are distributed to owners or investors, educ ational i nstitutions and S tate and Federal gov ernment depar tments and agenc ies; but does not exclude ‘ not f or pr ofit’ or ganisations, i ncluding school councils/auxiliaries w ho ot herwise qual ify under the Policy.

Council Means Knox City Council, whether constituted before or after the commencement of this Policy.

Incidental Funding

Means funding for projects or initiatives that are relatively minor in nature.

Individual(s) Means a resident(s) of the Knox Municipality.

Not for Profit Means a gr oup or or ganisation t hat i s not operating for the profit or gain of its individual members; and any profit made goes back into the operation of the organisation to carry out its purpose.

• If not a l egal ent ity i n t heir ow n r ight, hav e a committee of management or s imilar that can accept responsibility for the project and relevant funds.

• Have an Australian Business Number or be pr epared to fill out a ‘ Statement by S upplier’ dec laration f orm from the Australian Taxation Office.

6. COUNCIL POLICY

6.1 A budge t al location w ill be m ade in each financial year to respond to incidental f unding r equests on a W ard basis. This al location w ill be known as Ward Contingency Funds.

6.2 Allocations from Ward Contingency Funds shall be f or the purposes of

meeting:

6.2.1 Requests f or incidental funding f rom i ndividuals and/ or community gr oups w ithin K nox on a W ard basis (excluding applications by i ndividuals f or S porting G rants and A rts and Cultural Grants); and

6.2.2 Requests for incidental funding on a W ard basis which are not eligible for funding under the Community Development Fund or other Council program(s) or funding arrangement(s).


6.2.3 Ward C ontingency Funds m ust not s upplement, s ubsidise or replace existing Council Budget allocations.

6.3 Funding is recommended at the Ward Councillor’s discretion subject to

the provisions of this Policy. The f ollowing c riteria s hall be us ed i n determining any application for Ward funds under this Policy:

6.3.1 All requests for funding must be i n writing and on the relevant

funding application form; and

6.3.2 Applications must be f rom i ndividuals w ho r eside i n K nox or community gr oups that pr ovide s ervices t o t he K nox community; and

6.3.3 For applications of $1,000 or more, successful applicants must provide a statement to Council that the funds have been s pent in ac cordance w ith t heir f unding appl ication ( and if requested, to provide financial evidence of expenditure); and

6.3.4 All applications for funding must provide a demonstrated benefit to t he K nox c ommunity and be i n k eeping w ith t he objectives and directions of the Council Plan.

6.3.5 Ward C ontingency Funds s hall onl y be appl ied t o one -off funding requests. Applications for ongoing, regular or recurrent funding will be di rected to Council’s budgeting process and not supported by Ward Contingency Funds . A pplications f or financial donations and general fundraising activities will not be supported through the Ward Contingency Fund.

6.3.6 The following maximum grant limits apply:

• Maximum funding per application per Ward is $1,000; and

• A maximum of $3,000 for any one application. For ap plications funded by m ore t han one W ard, i t m ust be demonstrated t hat t he appl icant c ontributes to and benefits each Ward that is contributing funds.

6.4 Applications f or f unding c annot be m ade r etrospectively and m ust be

received and approved before the event or activity to which the funding relates is undertaken.

6.5 Councillors shall complete a declaration f orm f or eac h appr oved

funding appl ication to identify any conflict of interest they may have in the r ecipient i ndividual or community gr oup in r elation t o the f unding application s ought. The dec laration f orm m ust be completed and attached to the funding application prior to processing.

6.6 On an annual basis, any unallocated funds from the Ward Contingency

Fund will be c arried f orward and al located t o Council’s C ommunity Development Fund in the following financial year.


6.7 A r eport s hall be pr esented t o C ouncil on a quar terly bas is outlining expenditure for the period related to this Policy.

6.8 Council w ill quar antine 70% of t he annual W ard C ontingency Fund

allocation i n t he f inancial year i n which a G eneral Election is held for use by the respective incoming Ward Councillor.

6.9 Councillors who nominate as a c andidate i n a G eneral E lection w ill

ensure that Ward Contingency Funds are not committed or expended during t he per iod c ommencing f rom t he dat e of nomination until Election Day.

6.10 All appr oved appl ications and as sociated doc umentation m ust be

lodged with the relevant officer/s administering this Policy no later than five working days of the end of the financial year to be c osted to that financial year.

6.11 Allocation of f unds f rom t he W ard C ontingency Fund c onstitutes an

expenditure and therefore an appr opriation of Council funds. As such, the f inal approval of an appl ication for Ward Contingency Funds , and the s ubsequent committing of C ouncil ex penditure, m ust onl y be undertaken by a Council officer with appropriate delegated authority.


DRAFT KNOX POLICY

SPORTING GRANTS FOR INDIVIDUALS

Policy Number:

2004/08 Directorate: Corporate Development

Approval by:


Manager – Governance

Approval Date:

24 January 2012 Version Number:

2

Review Date:

24 January 2015

1. PURPOSE

The purpose of t his pol icy i s t o pr ovide f unding as sistance t o s ports per sons who ar e K nox residents and w ho ar e s elected t o r epresent ei ther V ictoria or Australia in their chosen sporting endeavour.

2. CONTEXT

This policy is to be read i n c onjunction w ith t he W ard C ontingency Funds Policy.

3. SCOPE

This policy applies to all applications received from individuals seeking financial assistance af ter being selected to represent V ictoria or Australia in a sporting event.

4. REFERENCES

4.1 Council Plan • Effective Governance • Partnering and Engaging

4.2 Relevant Legislation • Local Government Act 1989 – Conflict and Interest Provisions

4.3 Charter of Human Rights • This policy has been assessed against and complies with the charter

of Human Rights.

4.4 Related Council Policies • Ward Contingency Funds Policy


APPENDIX B


2

5. DEFINITIONS

Detail any definitions within the policy.

Chief Executive Officer

Means the Chief Executive Officer of Knox City Council.

Delegate Means a per son nom inated by t he C hief E xecutive Officer to manage t his pr ogram i n accordance w ith t his policy.

Individual(s) Means a resident(s) of the Knox Municipality. Sporting Event Means an organised sporting event, that is competitive in

nature and affiliated with a s tate s porting as sociation recognised by S port and R ecreation V ictoria. A list of State Sporting Associations can be f ound on Sport and Recreation Victoria’s website.

6. COUNCIL POLICY

6.1 A budget allocation will be made in eac h f inancial y ear t o r espond t o requests for funding from individuals to assist with costs associated with representing Victoria or Australia in a sporting event. This allocation will be known as Sporting Grants for Individuals.

6.2 The Chief Executive Officer (or del egate) w ill c onsider, al locate and administer any grants in accordance with this policy.

6.3 The f ollowing c riteria will be us ed i n det ermining any appl ications f or funding:

6.3.1 All r equests f or f unding m ust be i n w riting and on t he r elevant funding application form ; and

6.3.2 The recipient of t he gr ant m ust c urrently r eside i n t he K nox Municipality; and

6.3.3 All r equests must be ac companied by written confirmation f rom the relevant state or f ederal sporting body ( or equi valent), confirming the bona fides of the application; and

6.3.4 Only one application will be considered in any financial year from an individual sports person.

6.4 The following maximum grant limits apply: 6.4.1 If the sporting event is held within Victoria - $100 6.4.2 If the sporting event is held outside Victoria but within Australia -

$150 6.4.3 If the sporting event is held internationally - $200


6.5 Applications cannot be m ade retrospectively and m ust be received and finalised prior to the sporting event at which the representation will occur.

6.6 Funds will be al located in order of receipt. To assist with the equi table distribution of this fund, it will be m anaged in two equal halves annually from July to December and from January to June.

6.7 Once the funding allocation has been f ully ex pended no f urther gr ants may be made under this program within the financial year unless further funds are allocated by Council.

6.8 The C hief E xecutive O fficer or any del egate r esponsible f or administering the grant application shall complete a dec laration form for each approved funding application to identify any conflict of interest they may hav e i n the recipient i ndividual. The dec laration f orm m ust be completed and at tached t o t he f unding appl ication prior to processing. Where a c onflict of i nterest ex ists, t he c onflicted of ficer s hall remove themselves from the decision making process.

6.9 A c heque for t he al located f unds m ade pay able t o t he individual applicant will be forwarded by mail to the applicant with a covering letter under the relevant Ward Councillor’s signature.


ALL WARDS

10.4 LOAN BORROWING & RETURN ON INVESTMENT POLICY


This report seeks Council’s endorsement of Council’s Loan Borrowing & Return on Investment Policy, which has been reviewed following the due date for review being reached.

The Loan Borrowing & Return on Investment Policy is a strategic management tool to guide Council in using borrowings as a revenue source for appropriate projects and commitments.

The key changes proposed from this Policy review are:

• the opportunity to borrow for emergency purposes as defined in the Policy; and

• the opportunity to borrow for greater amounts than provided for in the previous Policy with appropriate safeguards in place.

The Policy has been endorsed for consideration by Council’s Audit Committee, at the Committee’s meeting on 8 December 2011.

RECOMMENDATION

That Council approve the Loan Borrowing & Return on Investment Policy as attached in Appendix A to this report.

1. INTRODUCTION

The Loan B orrowing & R eturn on I nvestment P olicy i s a s trategic management tool to guide Council in using borrowings to:

1. Fund new/significantly upgraded major assets t hat pr ovide a br oad community benefit; or

2. Fund c apital pr ojects t hat pr ovide a f inancial r eturn above annual loan funding costs: or

3. Fund the expenditure for one-off works in an “emergency situation” that is causing a danger or damage to the community; or

4. Fund a one-off, non recurring externally imposed financial liability.

The P olicy has been r eviewed and r equires C ouncil’s c onsideration and potential endorsement.

222 COUNCIL – CORPORATE DEVELOPMENT 24 January 2012 10.4 Loan Borrowing & Return on Investment Policy (cont’d)

2. DISCUSSION

The key proposed changes to the current Policy are:

• New definitions hav e been i ncluded. Thi s i ncludes t he def inition f or an “emergency situation” leading to borrowing of funds.

• Clear def inition of t he v oting r equirements i n t erms of number of Councillors required for Council to resolve to borrow under certain sections of the policy which are deemed of a significant financial amount.

• The option for Council to borrow f or a s hort t erm i n r esponse t o “emergency situation” incidents and for one-off external shocks. This was not provided for in the current Policy.

• The loan threshold for borrowing for major projects is recommended to be a multiple of rate revenue to al low for t he scaling of loan borrowing over time. The setting of a fixed limit is not considered best practice. Borrowing for other purposes is a minimum of $1.0 million.

• The draft Policy provides for Council to borrow in excess of 40% of Annual Rate Revenue under certain conditions only. The draft Policy provides the conditions that must be in pl ace f or C ouncil t o under take bor rowings on this scale.

• The draft Policy recommends the maximum loan per iods for the di fferent categories of defined borrowing for officer and Councillor guidance.

• The m ethodology f or t he ev aluation of bor rowings under taken f or an investment purpose recommends a m ovement f rom t he I nternal R ate of Return model to the Net Present Value model.

The intention of the proposed changes i s t o pr ovide C ouncil w ith gr eater flexibility in the use of loan borrowings while ensuring appropriate financial and governance r isk c ontrol m echanisms ar e i mplemented f or t ransparency and good governance reasons.

3. CONSULTATION

This report does not necessitate community consultation. A copy of this Policy has b een pr esented t o t he A udit C ommittee, and the Committee have endorsed the P olicy f or c onsideration by C ouncil at t he C ommittee m eeting held on 8 December 2011.



223 COUNCIL – CORPORATE DEVELOPMENT 24 January 2012 10.4 Loan Borrowing & Return on Investment Policy (cont’d)


This revised policy provides the following benef its not previously available to Council:

• an increased capacity to borrow;

• an increase in the situations to enable borrowing to be undertaken; and

• ensure there are appropriate r isk management safeguards for high levels

of borrowing should they be undertaken.




Through responsible borrowing of funds as out lined in the Loan B orrowing & Return on I nvestment P olicy, C ouncil ens ures t hat i t i s c ontributing towards meeting its objective of Stewardship of Finances and Assets which states that Council w ill m anage as sets and f inancial r esources on behal f of t he community in a responsible and sustainable manner.

8. CONCLUSION

The Loan Borrowing & Return on I nvestment Policy has been r eviewed and updated to reflect Council’s c urrent and f uture nee ds, and w ill be us ed t o guide the future borrowings for the City of Knox.

9. CONFIDENTIALITY


COUNCIL RESOLUTION MOVED: CR. PEARCE SECONDED: CR. COSSARI

That Council approve the Loan B orrowing & R eturn on I nvestment Policy as attached in Appendix A to this report. CARRIED

224 COUNCIL – CORPORATE DEVELOPMENT 24 January 2012 APPENDIX A

KNOX POLICY

LOAN BORROWING & RETURN ON INVESTMENT POLICY Policy Number: 2007/07 Directorate: Corporate Development

Approval by: Council Responsible Officer:

Director – Corporate Development

Approval Date: Version Number: 2

Review Date: 24/01/2014

1. PURPOSE The pur pose of t his P olicy i s t o out line C ouncil’s pos ition i n r elation to the undertaking of l oan bor rowings, i ncluding t he methods and c riteria t hat w ill be applied in the evaluation of whether to utilise this source of funding.

2. CONTEXT Council has t hrough r esolution endor sed t he bel ow pr inciples in relation to the

application of loan funds:

1) That C ouncil c onsider t he option of l oan f unding as a v iable and equitable mechanism of: a) Funding new/significantly upgraded major as sets t hat pr ovide a

broad community benefit; or b) Funding c apital pr ojects t hat pr ovide a financial return above

annual loan funding costs.

2) That pr ior t o under taking any f uture bor rowings, C ouncil m odel t he implications of t he proposed l oan pr ogram on C ouncil’s l ong-term financial position and det ermine the funding mechanism to meet annual debt servicing and redemption requirements.

Council w ill not unde rtake any bor rowings f or r ecurrent ex penditure or as set renewal works. Where Council elects to undertake borrowings to fund infrastructure deemed by Council to be of broad community benefit, the rate of f inancial return will not be relevant in these instances. The financial assessment required in these instances (beyond other requirements of this Policy) will be the forward financial modelling of the impact of the pr oposed bor rowings on C ouncil’s l ong-term f inancial position and t he det ermination of the funding m echanism t o m eet annual l oan repayment requirements.


Where borrowings are sought to be undertaken on t he bas is of net f inancial return to Council, this Policy establishes the evaluation methodology and criteria that must be s atisfied pr ior to Council endorsing the use of loan borrowings for these projects. This P olicy f urther es tablishes a P olicy f ramework t o deal w ith the following issues: • Minimum Borrowing thresholds • Prudential Borrowing limits • Evaluation of competing loan projects • Cost factors to be included as part of any assessment process

3. SCOPE This Policy will apply to all Council Staff and Council.

4. REFERENCES 4.1 Council Plan

• Theme eight: A well governed and leading organisation

4.2 Relevant Legislation • Local Government Act 1989

4.3 Charter of Human Rights 4.4 Related Council Policies

• Mid Year Budget Review Policy • Discretionary Rate Funding Policy • Knox City Council’s Long Term Financial Strategy


5. DEFINITIONS Emergency situation - An “ emergency s ituation” i s def ined as one w here Council is required to undertake the expenditure of funds to alleviate or address a situation that has, or is likely to, cause a danger or damage to the community, the occurrence of which was not foreseen and which may have occurred through a man-made or natural event or disaster. An example would be damage caused by unprecedented flash f looding, bus hfire, ear thquake, m ajor i nfrastructure destruction, etc. Recurrent expenditure – Council’s ongoing oper ating ex penditure f or its existing services Total Number of Councillors – Nine Councillors Two-Thirds Majority – Six Councillors

226 COUNCIL – CORPORATE DEVELOPMENT 24 January 2012 6. COUNCIL POLICY 6.1 Purpose for which Council may Borrow

Council has previously resolved that it may undertake borrowings for the following: a) Funding new/significantly upgr aded m ajor as sets t hat pr ovide a br oad

community benefit; or b) Funding capital projects that provide a f inancial return above annual loan

funding costs: or c) Funding t he ex penditure f or one -off works i n an “ emergency s ituation”

that is causing a danger or damage to the community, the occurrence of which was not f oreseen and w hich m ay hav e oc curred t hrough a m an-made or nat ural ev ent or di saster. The t erm of s uch bor rowing to not exceed 5 years; or

d) Funding of a one -off, non r ecurring ex ternally i mposed f inancial l iability. An ex ample bei ng a c all f or f unding of E mployee D efined B enefits Superannuation. The term of such borrowing to not exceed 5 years.

Council will not consider ut ilising loan funds for the renewal of existing infrastructure on the basis that it aims to meet these annual requirements f rom i ts annual funding sources.

6.2 Minimum Loan Thresholds

For efficiency purposes, the establishment of a loan facility should not be under taken for minor capital works. Loan f unds should ideally be restricted to hal lmark projects that ar e unabl e t o be f inancially ac hieved unl ess l oan funds are accessed. For consideration of loan f unds on a c apital pr oject bas ed on f unding new /significantly upgraded m ajor as sets t hat pr ovide a br oad c ommunity benef it, a m inimum loan threshold of a multiple of four times the multiple of one per cent of rates must be met prior t o loan funding becoming a c onsideration. In the 2011-12 Financial Year, one percent of r ates i s $777, 571.00. Four t imes t his amount for 2011 -12 i s $3,110,286.00.For projects identified in 6.1 (c) and 6.1 (d) the minimum loan threshold of $1.0 Million is established.

For projects based on a financial return evaluation, a m inimum loan threshold of $1 Million is established.

6.3 Prudential Loan Limits

The Office of Local Government has previously established three prudential guidelines in r espect of considering appl ications f rom Councils t o under take bor rowings. They are:

a) Debt Servicing (Interest Expenses) to be below 5% of Total Revenue; b) Total I ndebtedness m ust be bel ow 80% of Annual Rate Revenue with

Councils i n ex cess of 60% t o s how ev idence of l ong-term pl ans t o r educe indebtedness prior to undertaking new borrowings;

c) Working capital ratio (Current Assets/Current Liabilities) to remain in excess of 100%.

227 COUNCIL – CORPORATE DEVELOPMENT 24 January 2012 A maximum ceiling restricting Total Indebtedness to no more than 40% of Annual Rate Revenue i s es tablished under t his P olicy on t he pr oviso that Council is able to evidence that it will continue to meet both of the other prudential guidelines.

Borrowings i n ex cess of t he m aximum c eiling of 40% of Annual Rate Revenue are only to be undertaken when all of the following conditions are met:

1. Council has r esolved s pecifically t o ac knowledge t he borrowings are in excess of the 40% ceiling

2. A separate report on the impact of such borrowings on the short and long term f inancial v iability of t he C ouncil i s pr ovided by an appr opriate independent and i mpartial body whom Council reasonably bel ieves to be competent to give such advice. Thi s report must include an opi nion and assessment of the proposed financial arrangements and the proposed risk management policies, controls and s ystems that are in place for such an investment to be undertaken.

3. The resolution includes t he adopt ion of a Fi nancial Plan t o ens ure Council’s f inancial pos ition i s r eturned t o w ithin t he 40% c eiling within 5 years.

4. Council has evidence that both of the other prudential guidelines 6.3 (a) and 6.3 (c) are met.

5. The r esolution i s pas sed by at l east a t wo t hirds majority of the t otal members of Council.

6.4 Consideration of Loan Projects

In order to undertake loan borrowings, the Local Government Act (1989) requires that Council include any proposed borrowings in a formally adopted and advertised Council Budget or Revised Budget.

Council must further seek and receive approval to undertake loan borrowings through an annual application process conducted via the Office of Local Government and t he Department of Treasury.

Unless ex ceptional c ircumstances ar e deem ed t o ex ist v ia r esolution of C ouncil, proposals to undertake loan borrowings will only be c onsidered as part of the annual budget process. W here exceptional c ircumstances are deemed to exist, Council will seek loan approval from the Department of Treasury and if successful will undertake a formal Revised Budget process to incorporate a proposal for loan borrowings.

6.5 Length of Loan Periods

The term of Borrowings for the purposes listed at 6.1 (a) and 6.1 (b) is a) not t o ex ceed t he ex pected l ife of t he as set for which funds ar e bei ng

procured; and

b) not to exceed 20 years.

228 COUNCIL – CORPORATE DEVELOPMENT 24 January 2012 The term of Borrowings for the purposes listed at 6.1 (c) and 6.1 (d) is not to exceed 5 years.

Council will retain the option to refinance loans following the completion of the initial loan term.

6.6 Loan Repayment Structures

Council will retain t he opt ion t o ac cess l oans on ei ther t he bas is of pr incipal and interest repayments or an interest only basis.

6.7 Evaluation of Loan Projects

Loan projects will be evaluated in accordance with Council’s proposed capital program through the annual budget pr ocess. A ll pr ojects w ill be c onsidered f rom a S ocial, Environmental and Economic perspective and the fact that loan funds may be sought will not advantage or disadvantage such projects.

Where projects bei ng as sessed ar e deem ed t o pr ovide new /significantly upgr aded major assets that provide a br oad community benef it, these projects will typically not involve a financial rate of return assessment. The community benefit for these projects will be as sessed by Council in comparison to that of other projects within the capital program.

In the event of loan borrowings being sought to fund projects on the basis of net financial return to Council, the following criteria must be satisfied.

1) The future cash inflows and outflows must:

a) Be able to be reliably and accurately measured; and b) Possess a high probability of actually occurring.

2) Proposed pr ojects w ill be f urther evaluated using the Net P resent Value

methodology.

3) Through t he appl ication of t his m ethodology, pr oposed projects m ust provide a positive and measurable Net Present Value. .

4) A report be pr ovided t o C ouncil out lining t he out comes r equired f or t his investment with a r equirement for a f urther report on the achievement of the outcomes on completion of the investment.

6.8 Cost Factors to be Included

In reviewing expected cash inflows and outflows, the cost of staff time associated with the implementation of the c apital pr oject m ust be as sessed and c onsidered i n t he evaluation of all projects requiring loan funding.


ALL WARDS

10.5 FRAUD POLICY


This report seeks Council’s endorsement of the revised Council Fraud Policy, which has been reviewed due to the current policy reaching its nominal expiry date.

The Council’s Fraud Policy is a key element in the Risk Management Framework that is used to educate staff and to prevent fraud from occurring.

The Policy has been endorsed for consideration by Council’s Audit Committee, at the Committee’s meeting on 8 December 2011.

RECOMMENDATION

That Council approve the Fraud Policy as attached in Appendix A to this report.

1. INTRODUCTION

The pur pose of t he Fr aud P olicy i s to prevent f raud and t o ens ure t hat appropriate action is taken when a potential fraud is reported.

This Policy al so def ines w hat c onstitutes f raud, and out lines rules and procedures that all employees must follow when fraud is suspected.

The Policy has recently been reviewed and endorsed by the Audit Committee on 8 D ecember 2011, and r equires C ouncil’s consideration and pot ential endorsement.

2. DISCUSSION

In the Fidelity A udit c onducted by J ardine Ll oyd Thom pson ( JLT), C ouncil’s insurer, in May 2011, Council’s current Fraud Policy rated highly.

For t his r eason, dur ing t his r eview, the current Policy has be en m ostly retained, w ith addi tions bas ed on r ecent pr esentations from the Municipal Association of V ictoria ( a Loc al G overnment Advocacy organisation), J LT, Council’s i nsurer and C rowe H orwath, a pr ivate ac counting firm which provides services to the Local Government sector.

The key changes are:

1. Section 2 - A commitment to pr oviding f raud awareness t raining f or al l staff. This was a recommendation from the JLT Fidelity Audit;

2. Section 2 - Expansion of i nternal c ontrols. Thes e hav e been i ncluded from th e MA V/JLT “Fraud Risk M anagement f or Loc al G overnment” presentation from June 2011; and

230 COUNCIL – CORPORATE DEVELOPMENT 24 January 2012 10.5 Fraud Policy (cont’d)

3. Section 5 - Expansion of t he def inition and t ypes of f raud. These have been included f rom t he C rowe H orwath “ Is Fr aud O ccurring i n m y Council” presentation from October 2011.

The i ntention of t he pr oposed c hanges i s t o pr ovide gr eater rigour to the Policy.

3. CONSULTATION

This report does not necessitate community consultation. A copy of this Policy has been pr esented t o t he A udit C ommittee, and the C ommittee hav e endorsed the P olicy f or c onsideration by C ouncil at t he C ommittee m eeting held on 8 December 2011.




There are no financial or economic implications.




Through ac tive f raud m anagement as out lined i n t he Fr aud Policy, Council ensures that it is contributing towards meeting its objective of Stewardship of Finances and A ssets w hich s tates t hat w e w ill manage our assets and financial r esources on behal f of t he c ommunity i n a responsible and sustainable manner.

8. CONCLUSION

The Fr aud P olicy has been r eviewed and updat ed to reflect the recommendations f rom C ouncil’s i nsurer and ot her ex ternal providers. The Policy will be us ed t o educ ate s taff and m inimise t he i mpact of f raud on Council.

9. CONFIDENTIALITY


231 COUNCIL – CORPORATE DEVELOPMENT 24 January 2012 10.5 Fraud Policy (cont’d)

COUNCIL RESOLUTION MOVED: CR. PEARCE SECONDED: CR. MORTIMORE

That Council approve the Fraud Policy as attached in Appendix A to this report. CARRIED


KNOX POLICY

FRAUD POLICY Policy Number: 2002/10 Directorate: Chief Executive Officer

Approval by: Council Responsible Officer:

Director Corporate Development

Approval Date: Version Number: 1

Review Date: (2 years from date of approval)

1. PURPOSE

The p urpose of t his p olicy is t o prevent f raud and t o ens ure t hat appr opriate action is taken when a potential fraud is reported.

This policy also defines what constitutes fraud, and to outline rules and procedures all employees must follow when fraud is suspected.

2. CONTEXT Knox City Council is committed to preventing f raud in the Council workplace, and t o providing aw areness t raining f or al l s taff. A ll C ouncil em ployees m ust s hare in this commitment. Council employees, especially Managers and D irectors, must be aw are of the circumstances, or "red flags", which lead to fraud and must ensure appropriate internal controls are operating to minimise Knox City Council’s exposure to fraudulent activities. For the purpose of this statement, fraud and intentional waste are referred to as "fraud". Where a f raud is alleged, appropriate processes are to be developed and implemented to investigate and resolve the allegation. Studies have shown that " red f lags" of f raud w ithin an or ganisation were ignored by the organisation in almost 50% of the frauds reported. Downsizing and repositioning of an or ganisation i ncreases t he r isk of f raud. S trong i nternal c ontrols ar e t he best method of preventing fraud. Poorly w ritten pr ocedures or poor ly enf orced i nternal controls allow the most fraud to occur. Fraud may occur as a result of:

• Poor internal controls • Management override of internal controls • Collusion between employees and third parties • Poor or non-existent organisational ethical standards • Lack of control over staff by their managers/coordinators

233 COUNCIL – CORPORATE DEVELOPMENT 24 January 2012 The most frequently cited "red flags" of fraud are:

• Changes in an employee's lifestyle, spending habits or behaviour;

• Poorly w ritten or poor ly enf orced i nternal c ontrols, pr ocedures, pol icies or security;

• Irregular/unexplained variances in financial information;

• Inventory shortages;

• Failure to take action on results of internal/external audits or reviews;

• Unusually high expenses or purchases;

• Frequent complaints from customers;

• Missing files;

• Ignored employee comments concerning possible fraud. Perpetrators of fraud typically live beyond t heir r easonably av ailable m eans. O ther indicators of fraud include the borrowing of small amounts of money from co-workers, collectors or creditors appearing at the place of business, excessive use of telephone to stall creditors, falsifying records, refusing t o l eave c ustody of r ecords dur ing t he day, working ex cessive ov ertime, r efusing annual l eave, and ex cessively r ewriting records under the guise of neatness. The following internal controls aid in the prevention of fraud:

• Segregation and separation of duties so that no one employee is responsible for a transaction from start to finish;

• Robust, up to date, People Performance Policies;

• Protected worksheets and documents, and role-based access;

• Adherence t o al l or ganisational pol icies and pr ocedures, es pecially t hose concerning documentation and authorisation of transactions;

• Clear policies around contract selection;

• Physical security over assets such as locking doors and restricting access to certain areas;

• Roles and r esponsibilities c learly doc umented, and pr oper t raining of employees;

• Independent review and monitoring of tasks;

• Effective audit trails;

• Asset inventory and regular stocktakes;

• Closed camera televisions (CCTV)

• Authorisation for purchase orders

• Clear lines of authority;

• Conflict of interest statements that are enforced;

• Rotation of duties in positions more susceptible to fraud;


• Ensuring that employees take regular leave;

• Regular independent audits of areas susceptible to fraud;

• Accountability of management f or t he results and deviations from budget in the reporting f or t heir depar tment. Fur ther i ndependent det ailed r eviews of significant variances that may arise;

• Periodic review of Council oper ations and an as sessment of t he C ouncil’s exposure to risk;

• An ongoing internal audi t process. Strong internal controls supported by the internal audi t reviews on a r egular bas is w ill m inimise the exposures to risk and prevent possible new risk areas that have not been addressed;

• External audit review and the focus on accountability of financial systems and the reporting process;

• Maintain strict recruitment practices and c onfirm al l em ployee det ails and references ar e t horoughly c hecked, al so pr omotion of this policy to all new Council employees;

• Appropriate penalties for any fraud that has occurred;

• Training of Council management in identifying indicators of fraud;

• All assets are properly recorded and regular checks are performed to ensure significant items are present;

• Close relatives do not work together, especially in f inancial, accounting and cash handling areas;

• Review, where possible, t he f inancial r isks of em ployees e. g. unus ual spending behaviour;

• A standard of conduct for suppliers and contractors;

• Advise staff on the process to be undertaken on ‘kickbacks’ and gifts;

• Review work practices open to collusion or manipulation;

• Identify risks in the risk register & report against them; and

• Induction of staff in regards to the Fraud Policy and training provided to staff on an annual basis.

3. SCOPE

This procedure applies to all Council employees.

4. REFERENCES

4.1 Council Plan • Theme eight: A well governed and leading organisation

4.2 Relevant Legislation • Local Government Act 1989 • AS 8001—2008 Fraud and Corruption Control • Whistleblowers Protection Act 2001

235 COUNCIL – CORPORATE DEVELOPMENT 24 January 2012 4.3 Charter of Human Rights 4.4 Related Council Policies

• Staff Code of Conduct • Financial Code of Practice Policy • Financial Governance Policy • Staff Disciplinary Policy and Procedures • Corporate Credit Card Policy • Corporate Purchasing Card Policy • Delegations Register • Gifts and Hospitality Policy • Purchasing Policy

4.5 Related Council Procedures • Whistleblower Guidelines and Procedures • Petty Cash Procedure

5. DEFINITIONS

Fraud - Theft, i ntentional w aste or abus e of C ouncil f unds, pr operty, i nformation or time. Fraud can al so be def ined as di shonestly obt aining a benef it by dec eption or other means. Specific examples of fraud include but are not limited to: Theft of / or theft through

• Cash • Petty Claims • Reimbursements • Manipulation of EFT (redirection of funds to personal account) • Skimming receipts • False creditors/invoices • Removal of assets • Sale of assets • Removal of stationery • Removal of materials • Private works with Council Equipment • Misuse of credit cards • Misuse of fuel cards • Periodic payments (direct debits) • Tools and small plant • Council records, property or the property of other persons

Dishonesty

• In tendering processes • Collusion with suppliers • Falsifying qualifications/experience • Providing priority access to services • Requiring deposits/service fees and keeping them • Planning processes


• Special treatment for family and friends • Bribery/kickbacks • Neglecting or subverting job responsibilities in exchange for an actual

or promised reward. • Forgery or alteration of documents • Conflict of interest non-disclosure

Payroll

• Master file amendments • False overtime claims • Invalid variations • False casuals • Failure to submit leave forms • Creation of ghost employees • Manipulation of terminated employees • Abuse of lunch breaks • Serious abuse of Council time for personal business

Misuse of Assets

• Private use of Council assets (indoor & outdoor) • Use of “surplus” materials for personal jobs • Private works • Misuse of Council vehicles • Inappropriate use of Council buildings • Appropriation of intellectual property

Information

• Sale of data (rates, registrations, childcare, etc) • Manipulation of data (eg rates database) • Corruption of data (by aggrieved staff) • Theft of client database • Unauthorised use or misuse of Council property or records • Wilful destruction or damage of Council records, Council assets or the

property of other persons. Council funds - Cash, c heques, el ectronic f unds t ransfers or other negotiable instruments bel onging t o t he K nox C ity C ouncil, or for which the Council has responsibility. Council property - Any tangible or intangible item owned by the Knox City Council. Retaliation - When an i ndividual i s di scriminated agai nst or penal ised f or r eporting fraud or f or c ooperating, gi ving ev idence, or par ticipating i n any m anner in an audit/investigation, proceeding, or hearing. Council has Whistleblower Protection Act Guidelines with which it is obl iged to comply and w hich provide addi tional protection against retaliation for those individuals who want to make a disclosure under the Act’s protection.

237 COUNCIL – CORPORATE DEVELOPMENT 24 January 2012 6. COUNCIL POLICY RESPONSIBILITIES Employer - Knox City Council will take all r easonable s teps t o pr otect peopl e w ho make an al legation of f raud f rom any r eprisal f or m aking the disclosure. A confidential investigation will be under taken i n r esponse t o any al legation of f raud against a s taff member. Thi s process will protect the officer raising the concern and also ens ure pr ocedural f airness i n r egards t o t he person who is subject to the allegation. If a staff member has any concern about reprisals as a result of raising an allegation of fraud agai nst anot her m ember of s taff t hey hav e ac cess to the provisions of the Whistleblowers Protection Act 2001. C ouncil will not tolerate improper conduct by its employees, of ficers or members, nor the taking of reprisals against those who come forward to disclose such conduct. Council has adopted extensive guidelines and pr ocedures in regards to applying the provisions of t he W histleblowers P rotection A ct 2001. These guidelines and procedures ar e des igned t o c omplement normal c ommunication c hannels bet ween supervisors and em ployees. A ny al legation under these provisions may be m ade to the C hief E xecutive O fficer, P rotected D isclosure C oordinator ( Director – Corporate Development) or in the absence of the Coordinator, disclosure can be di rected to the Protected Disclosure Officer (Manager – Governance). Where a person is contemplating m aking a di sclosure and i s c oncerned about approaching the Protected Disclosure Coordinator or the Protected Disclosure Officer in the workplace, he or she can call t he relevant of ficer and r equest a m eeting in a discreet location away from the workplace. A c opy of t he W histleblower’s G uidelines and procedures are available on the Council’s w eb page ( Home>Your C ouncil>Legislation & Loc al Law s>Whistleblowers Protection Act 2001. Employees - Any employee who has knowledge of an oc currence of f raud, or has reason to suspect that a fraud has occurred, will be subject to the provisions above:

• Immediately notify his/her supervisor.

• If the employee has reason to believe that the employee's supervisor may be involved, t he em ployee w ill i mmediately not ify t he D irector of hi s/her department.

• Every e mployee will co-operate w ith i nvestigations pur suant t o t his administrative procedure.

• The employee will not at tempt to investigate the suspected fraud or discuss the matter with any one ot her t han hi s/her M anager, t he D irector, t he C EO appointed investigator and the Police.

All matters in regard to the suspected fraud must be treated as being confidential.

http://www.knox.vic.gov.au/index.asp�

http://www.knox.vic.gov.au/Page/page.asp?page_Id=71�


238 COUNCIL – CORPORATE DEVELOPMENT 24 January 2012 Manager/Coordinator - Upon not ification o f suspected fraud, or i f t he Manager/Coordinator has reason to suspect that a fraud has occurred, will be subject to the provisions above:

• Immediately notify their Director and the Manager People Performance.

• The Manager/Coordinator will not attempt to investigate the suspected fraud or to discuss the matter w ith any one ot her t han t he D irector and/ or t he investigator appointed by the CEO.

• If t he M anager/Coordinator has r eason t o bel ieve t hat t he D irector m ay be involved in a f raud, the Manager/Coordinator will contact the Chief Executive Officer.

• If t he D irector/Manager/Coordinator has r eason t o bel ieve t hat t he C hief Executive O fficer m ay be i nvolved i n a f raud, t he Director/Manager/ Coordinator will contact the Mayor.

Director - Upon notification f rom an employee or Manager/Coordinator of suspected fraud, or if the Director has reason to suspect that a f raud has occurred, the Director will:

• Immediately notify the Chief Executive Officer.

• The Director will not attempt to investigate the suspected fraud or to discuss the m atter w ith any one ot her t han t he C hief E xecutive Officer, Manager People Performance or an investigator appointed by the CEO.

Chief Executive Officer - Upon notification or di scovery of a s uspected f raud, t he Chief Executive Officer will:

• As soon as possible engage an I nvestigator (internal or external) when there is sufficient evidence to be confident of a potential fraudulent activity. This is to be ac tioned i n c onsultation w ith t he r elevant Director and the Manager People Performance. This i s t o ens ure t he s uspected f raud i s f ully investigated and appropriate action is taken.

• Following the conclusion of the investigation and where it is substantiated that a suspected fraud incident has occurred: 1. Inform the Audit Committee/Mayor and Councillors/Auditor General of the

incident. 2. Inform t he nex t av ailable A udit C ommittee m eeting of t he ac tions

undertaken to investigate the matter and any outcomes resulting from the investigation.

3. Refer the alleged fraud to the Police.

• If the fraud has resulted in a f inancial loss to Council, will report such loss to the Risk and Insurance Specialist to s eek r estitution under t he Fi delity Guarantee Policy.

239 COUNCIL – CORPORATE DEVELOPMENT 24 January 2012 Investigator (Internal or External) - Upon appoi ntment by t he C hief Executive Officer, the Investigator will (but is not limited to):

• Fully coordinate the investigation of the suspected f raud with the pol ice and will report its investigative findings.

• Complete the Risk Assessment Form (Appendix A).

• At the conclusion of the investigation, document the results in a c onfidential report to the Chief Executive Officer with a copy to the appropriate Director.

• Upon c ompletion of t he audi t i nvestigation and all legal and personnel actions, records will be returned to the appropriate department.


FRAUD RESPONSE PROCEDURES Record Security - A successful audit/investigation can only be performed if:

• The documentation relating t o an al leged f raud i s available f or r eview in i ts original form.

• Once a s uspected f raud i s r eported, Directors and Managers/Coordinators will take immediate action t o pr event t he t heft, al teration, or des truction of relevant records.

• Such actions include, but are not necessarily limited to, removing the records and placing them in a s ecure location, l imiting access to the location where the r ecords c urrently ex ist, and pr eventing t he i ndividual s uspected of committing the fraud from having access to the records.

• The r ecords m ust be adequat ely s ecured until the CEO appointed investigator obtains the records to begin the audit investigation.

Contacts/Protocols - After an i nitial r eview and a det ermination that the suspected fraud warrants additional investigation:

• The CEO appointed investigator will be notified by the Chief Executive Officer of the allegations.

• The C EO appoi nted i nvestigator will co-ordinate the investigation w ith t he police and will report its investigative findings as described below.

Confidentiality - All participants in a fraud investigation will:

• Keep t he det ails and r esults of t he i nvestigation c onfidential except as expressly provided in this administrative procedure.

• The C EO appoi nted i nvestigator may discuss t he i nvestigation w ith any person if such discussion would further the investigation.

Personnel Actions - If a suspicion of fraud is substantiated by the audit investigation:

• Disciplinary action will be t aken in conformance with the Council’s Employee Relation’s P olicies and P rocedures and i n consultation with the Manager People Performance.

• A f alse and v indictive al legation of f raud i s a v iolation of t his adm inistrative procedure.

• All v iolations of t his adm inistrative pr ocedure, i ncluding v iolations of the confidentiality provisions, will result in disciplinary actions up to and including termination.

Retaliation - It is a v iolation of this administrative procedure for any individual to be discriminated against for:

• Reporting fraud or for co-operating. • Giving evidence. • Participating in an investigation, proceeding or hearing.

241 COUNCIL – CORPORATE DEVELOPMENT 24 January 2012 Knox C ity C ouncil w ill t ake al l r easonable s teps t o pr otect peopl e w ho m ake an allegation of fraud f rom any r eprisal f or m aking t he disclosure. A confidential investigation will be undertaken in response to any al legation of fraud against a s taff member. This process will protect t he of ficer r aising t he c oncern and al so ens ure procedural fairness in regards to the person who is subject to the allegation. If a staff member has any concern about reprisals as a result of raising an allegation of fraud agai nst anot her m ember of s taff t hey hav e ac cess to the provisions of the Whistleblowers Protection Act 2001. Council has adopted extensive guidelines and pr ocedures in regards to applying the provisions of t he W histleblowers P rotection A ct. Thes e pr ocedures ar e des igned t o complement nor mal c ommunication c hannels bet ween s upervisors and employees. Any allegation under t hese pr ovisions m ay be m ade t o t he C hief E xecutive O fficer, Protected D isclosure C oordinator (Director – Corporate D evelopment) or i n t he absence of t he C oordinator, di sclosure c an be di rected t o t he Protected Disclosure Officer (Manager – Governance). A copy of the Whistleblower policy and procedure are available on t he Council’s web page ( Home>Your C ouncil>Legislation & Loc al Law s>Whistleblowers P rotection A ct 2001). Media Issues - If the media becomes aware of a fraud investigation:

• The appropriate Manager or Director will refer the media to the Marketing and Communications Department.

• The alleged fraud and audit investigation will not be discussed with the media other than through the Marketing and Communications Department.

DISPOSITION OF INVESTIGATION At t he c onclusion of t he i nvestigation, t he appoi nted i nvestigator w ill doc ument t he results i n a c onfidential r eport t o t he C hief E xecutive O fficer w ith a c opy to the appropriate D irector. I f t he r eport doc uments t hat c riminal of fences may have occurred, the Police will be notified and copies will also be sent to Police. In all cases where a f raud has been c ommitted t he P olice ar e t o be called in to undertake any action they consider appropriate. If the fraud has resulted in a f inancial loss to Council, as soon as the loss has been approximately quant ified, and i n any c ase w ithin t hree months of the discover, the Chief E xecutive O fficer w ill r eport s uch l oss t o t he R isk and I nsurance S pecialist to seek restitution under the Fidelity Guarantee Policy. Upon completion of the audit investigation and all legal and personnel actions, records will be r eturned by t he appoi nted I nvestigator t o t he appr opriate depar tment i f appropriate. A review of relevant pol icies, procedures and i nternal controls appl icable to the area where the fraud occurred will be under taken to assess whether these can be revised and strengthened.

http://www.knox.vic.gov.au/index.asp�



242

Significant Incident Analysis: ……………………………………………………

Description (Circumstances/What was happening/Who was involved ):

Risk Analysis and Controls: (Address all identified Hazards/Risk Areas of Concern. All Contributors should be considered for significant incidents and status documented. The Risk Rating is optional – it may be useful to help establish action priorities)

Contributors (e.g. to loss)

Contribution (how, what was in place? Who were/ was involved? Control Measure

Control to be implemented by (or agreed by for Design risk analysis); Who Date

Completion Date

Accountabilities – Were they clearly defined for all relevant persons e.g. the * Prime person? * Supervisor? *Fraud Control Mgr? *Employee Relations/training? *independent auditor/commit?

Training/Awareness – Were the accountabilities and exposures understood by; * Prime person? * Supervisor? *Fraud Control Mgr? *Human Resources/training?

Council: Knox City Council Unit:

Brief Description: Incident Date: Assess. Date:

Investigator. Position/Qual:

243 Contributors (e.g. to loss)

Contribution (how, what was in place? Who were/ was involved? Control Measure

Control to be implemented by (or agreed by for Design risk analysis); Who Date

Completion Date

Risk assess & Controls – Had this activity been ; * identified as an exposure? * ranked appropriately? * controls in place?

Monitoring of Controls *checks/reconciliations within the control? *response to changes of work practices or persons? *review of risk assessment & controls?

Incident Reporting /Response by Organisation Does this; *define reporting roles? * demonstrate fairness? * include investigation process - to prove reports? * include incident analysis to minimise recurrence?

Appointed Investigator Name: ………………………………….. Signature: ……………………….. Date: ……………………….. Response and Commitment by the Organisation:

Name: ……………………………………………..…… Position: ……………………………..

Date: ……………………………..


ALL WARDS

10.6 POLICIES REQUIRING AUDIT COMMITTEE ENDORSEMENT

SUMMARY: Manager Finance (Angelica Marshall)

This report seeks Council’s endorsement for those Policies that require review and endorsement of the Knox City Council Audit Committee prior to the consideration of the Policy by Council.

Currently, officers have no formal direction when reviewing Policies as to those which require Audit Committee endorsement prior to presentation to Council. From a governance perspective, this proposed Policy addresses this issue.

RECOMMENDATION

That Council approve the Policies Requiring Audit Committee Endorsement Policy as attached in Appendix A to this report.

1. INTRODUCTION

The purpose of this Policy is to identify those Policies that require review and endorsement of the Knox C ity C ouncil A udit C ommittee pr ior t o t he consideration of the Policy by Council.

This Policy is a new Policy for Council, and pr ovides c larity and c onsistency for t he A udit C ommittee and C ouncil O fficers by s pecifically stating which Policies require endorsement by the Audit Committee prior to consideration by Council.

2. DISCUSSION

Knox City Council values the role of the Knox City Council Audit Committee in the implementation and achievement of a l eading and w ell gov erned organisation. A key el ement i n t he A udit C ommittee’s f unction i s t o pr ovide independent ex pertise t o as sist C ouncil i n t he adopt ion of prudent Policy positions in relation to finance and risk management issues.

The intention of this Policy is to provide officers and the Audit Committee with guidance i n t he review process f or t hose Policies requiring Audit Committee input on the review at sunset date.

The relevant policies have been nom inated as t hey ar e C ouncil’s K ey Financial S tewardship pol icies and pr ovide clear gui dance t o of ficers undertaking duties of a financial nature.

245 COUNCIL – CORPORATE DEVELOPMENT 24 January 2012 10.6 Policies Requiring Audit Committee Endorsement (cont’d)

3. CONSULTATION

This report does not necessitate community consultation. A copy of this Policy has been pr esented t o t he A udit C ommittee, and t he C ommittee hav e endorsed the P olicy f or c onsideration by C ouncil at t he C ommittee m eeting held on 8 December 2011.




There are no financial or economic implications.




Through active P olicy m anagement, C ouncil ens ures t hat i t i s c ontributing towards m eeting i ts obj ective of S tewardship of Fi nances and A ssets which states that we will manage our assets and financial resources on behalf of the community in a responsible and sustainable manner.

8. CONCLUSION

The pr oposed P olicies R equiring A udit C ommittee E ndorsement Policy provides c larity and c onsistency by s tating t he P olicies that are to be presented t o t he A udit C ommittee pr ior t o presentation to Council for consideration.

9. CONFIDENTIALITY


COUNCIL RESOLUTION MOVED: CR. COSSARI SECONDED: CR. PEARCE

That C ouncil appr ove t he P olicies Requiring Audit Committee Endorsement Policy as attached in Appendix A to this report. CARRIED


KNOX POLICY

POLICIES REQUIRING AUDIT COMMITTEE ENDORSEMENT

Policy Number:

Directorate: Corporate Development

Approval by:


Mark Dupe

Approval Date:

Meeting Date Version Number:

1

Review Date:

3 Years from Meeting Date

1. PURPOSE

The purpose of this pol icy is to identify the Council adopted Policies for Knox City Council that r equire r eview and endor sement of t he K nox C ity C ouncil Audit Committee prior to the consideration of the policy by Council.

2. CONTEXT

Knox City Council values the role of the Knox City Council Audit Committee in the implementation and achievement of a l eading and w ell gov erned organisation. A k ey el ement i n t he A udit C ommittee’s f unction i s t o provide independent ex pertise t o as sist C ouncil i n t he adopt ion of pr udent pol icy positions in relation to finance and risk management. The intention of this pol icy is to provide of ficers and t he Audit Committee with guidance i n t he r eview pr ocess f or t hose policies requiring Audit Committee input on the review at sunset date.

3. SCOPE

This pol icy appl ies t o C ouncil s taff w ith t he r esponsibility f or t he update and review of the Council policies listed in Section 6.

4. REFERENCES

4.1 Council Plan • Theme eight: A well governed and leading organisation

4.2 Relevant Legislation • Knox City Council Audit Committee Terms of Reference

4.3 Charter of Human Rights


4.4 Related Council Policies

• Nil


5. DEFINITIONS

Detail any definitions within the policy.

Audit Committee Refers t o t he Knox Cit y Council Audit C ommittee as outlined in the Knox City Council Audit Committee Terms of Reference.

Council Means Knox City Council, whether constituted before or after the commencement of this Policy.

6. COUNCIL POLICY

6.12 Policies for Audit Committee Review It is C ouncil pol icy t hat i n t he pr ocess of s cheduled r eviews of pol icies, t he following policies will be presented to the Knox C ity Council Audit Committee for review and input prior to presentation to Council: • Financial Governance Policy • Fraud Policy • Risk Management Framework (this includes the Risk Management Policy) • Loan Borrowing Policy • Investment Options Policy • Discretionary Rate Funding Policy

6.13 Timing of Reviews

All policies are required to be reviewed within three months of the sunset date. Officers are expected to plan the review process to ensure the Audit Committee consideration is included in the scheduled three month window.


ALL WARDS

10.7 AUDIT COMMITTEE – APPOINTMENT OF INDEPENDENT MEMBER


Consistent with good governance practices Knox City Council has maintained an Audit Committee since 1996. The Knox City Council Audit Committee is an advisory committee of Council and comprises three Councillors (with the Mayor being an ex-officio member) and three independent, external members. It operates with the purpose of advising Council and Council’s management on accounting, financial and internal control related matters.

With one external member’s term on the Committee expiring in January 2012, Council recently conducted a public Expression of Interest process during November 2011 and December 2011. Through this process, seven applications were received. After an extensive review process with the evaluation panel consisting of the Mayor, CEO and Chair of the Audit Committee, the panel’s recommendation is to appoint for three year term, from 27 January 2012 to 27 January 2015 an independent member of the Knox City Council Audit Committee.

RECOMMENDATION

That Council:

1. Appoint ________________ as an independent member of the Knox City Council Audit Committee for a three year term from 27 January 2012 to 27 January 2015; and

2. Advise and thank the unsuccessful applicants for their interest.

1. INTRODUCTION

The pur pose of t his r eport i s to adv ise C ouncil of t he r ecommendation t o reappoint one independent external m ember of t he K nox C ity C ouncil A udit Committee and to seek the endorsement of Council.

2. DISCUSSION

The Knox City Council Audit Committee is an adv isory committee of Council that meets up t o s ix t imes per year. I t i s comprised of three Councillors and three independent external members. The Mayor i s an ex -officio member of the Committee.

The pr imary obj ective of t he Knox C ity Council Audit Committee is to assist and advise Council and Council’s management in fulfilling their responsibilities in relation to finance and reporting practices and internal control issues.

249 COUNCIL – CORPORATE DEVELOPMENT 24 January 2012 10.7 Audit Committee – Appointment of Independent Member (cont’d)

2.1 Audit Committee - Recruitment and Selection Process.

The current external members and their terms of membership are:

Ms Linda MacRae – Ms MacRae is in her first term and her term expires on 21 January 2013;

Mr Stan Naylor - Mr N aylor i s i n hi s s econd t erm, and hi s t erm expires on 26 January 2012;

Mr Peter Harford – Mr Harford is in his second term (of which is first term was a one year duration) and his term expires on 24 January 2014.

Appointment to a Council Advisory Committee is required to be in accordance with t he Knox City Council Committees Policy, n umber 2006/ 13. The P olicy requires that every effort be made to ensure a representative cross section of people from the municipality is selected to the committee, as appropriate.

As out lined i n t he Ter ms of R eference t he t otal num ber of pl aces c urrently available on the Committee is 7, including:

• A minimum of three independent external representatives; • Three Councillors appointed annually by Council; and • The Mayor.

Applicants for the Independent external pos itions w ere r equired t o addr ess specific selection criteria and this was used in assessing applications.

2.1.1 Recruitment

New committee membership was sought through:

• Advertisements in the Age in November 2011 & December 2011; and

• Promotion through the Knox Council website.

Prospective app licants ac cessed appl ication i nformation v ia contact w ith Council r epresentatives. All at tempts w ere m ade t o ensure that the recruitment and appl ication processes was conducted in a f air and equi table manner.

2.1.2 Selection Process

One ex ternal i ndependent pos ition i s av ailable f or appoi ntment. Seven applications w ere r eceived comprising six new applications and one re-applying Audit C ommittee m ember. A r anking s ystem w as es tablished t o assess each application against the selection criteria.


The CEO and the Mayor met to short list prospective candidates for interview. The interview panel c omprised t he Mayor, CEO and t he C hairperson of t he Audit Committee, Ms Linda MacRae.

Three representatives were short listed for interview. The re-nominating Audit Committee member was selected to be interviewed as a part of this process.

The selection panel met on 15 December, 2011 to formally interview selected applicants. The s election pr ocess involved r eviewing applications agai nst criteria as well as discussion regarding knowledge and ex perience on i ssues and challenges relevant to Knox.

Confidential A ppendix A contains details of t he s election panel ’s recommendations and c omments and s eeks C ouncil’s endor sement f or t he appointment of an independent external representative.

3. CONSULTATION

A public Expression of Interest process was undertaken during November and December 2011.


There are no environmental or amenity issues to be considered for this report.


The Audit Committee i s an i ntegral par t of C ouncil’s f inancial m anagement, monitoring and accountability processes. I ndependent members of t he Audit Committee are remunerated for each meeting that they attend on the basis of $1,000.00 plus GST per meeting attended.


There are no social implications to be considered for this report.


The Audit C ommittee s upports t he s ound f inancial and oper ational management of the C ouncil. The f unctions and oper ations of t he K nox C ity Council A udit C ommittee s upport t he ac hievement of al l C ouncil P lan objectives as the issues discussed by the Audit Committee are not restricted to any objective or operation of Council.


8. CONCLUSION

The Audit C ommittee pl ays an i ntegral r ole i n t he c orporate gov ernance structure of t he C ouncil. H aving i ndependent m embers on the Audit Committee provides an ex ternal review capability and i ndependent expertise to adv ise Council and C ouncil’s management on financial, management and internal control related matters. The appoi ntment of an independent member to the Knox C ity C ouncil A udit C ommittee is pr esented t o t he C ouncil f or consideration.

9. CONFIDENTIALITY

In the interests of personal privacy, nam es and det ails of appl icants i n Appendix A are treated as confidential.

COUNCIL RESOLUTION MOVED: CR. COSSARI SECONDED: CR. PEARCE

That Council:

1. Appoint Mr Stan Naylor as an independent member of the Knox City Council A udit C ommittee f or a t hree y ear t erm f rom 27 January 2012 to 27 January 2015; and

2. Advise and thank the unsuccessful applicants for their interest. CARRIED

252 COUNCIL – ITEMS FOR INFORMATION 24 January 2012

ALL WARDS

11.1 ASSEMBLIES OF COUNCILLORS

SUMMARY: Acting Manager – Governance (Carrie Bruce)

This report provides details of Assembly of Councillors established under section 80A of the Local Government Act as required under section 80A(2) of the Act.

RECOMMENDATION

That Council

1. Note the written record of Assemblies of Councillors as attached to this report.

2. Incorporate the records of the Assemblies into the minutes of the meeting.

1. INTRODUCTION

Under section 80A (2) of t he Loc al Government A ct, t he C hief E xecutive Officer must pr esent a w ritten r ecord of an A ssembly of C ouncillors t o an ordinary meeting of Council as soon as practicable after an Assembly occurs. This w ritten r ecord i s r equired t o be incorporated into the minutes of t he meeting.

Details of A ssemblies of C ouncillors t hat hav e oc curred bet ween M onday 28 November 2011 and Sunday 8 January 2012 are attached to this report.

COUNCIL RESOLUTION MOVED: CR. COOPER SECONDED: CR. COSSARI

That Council

1. Note the written record of Assemblies of Councillors as attached to this report.

2. Incorporate the records of the Assemblies into the minutes of the meeting.

CARRIED

253

RREECCOORRDD OOFF AASSSSEEMMBBLLYY OOFF CCOOUUNNCCIILLLLOORRSS (Section 80A Local Government Act)

Date of Assembly: 28/11/2011

Name of Committee or Group (if applicable):

Knox Multicultural Advisory Committee (KMAC)/Knox Inter-faith Network Combined (KIN) Meeting Time Meeting Commenced:

6:00pm

Councillors in Attendance: Cr Sue McMillan Cr Joe Cossari Cr David Cooper

Council Staff in Attendance: Kathy Parton Nicole Hunter Belinda Gillam Amy Gough Matters Considered:

1. Presentation of KMAC actions in 2011 2. Presentation of KIN actions in 2011 3. Discussion regarding synergies between groups’ actions and possibilities for joint actions in 2012 Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest

Councillor Left Assembly While Matter Being Considered

Yes/No Yes/No Yes/No

254




Healthy Ageing Advisory Committee Time Meeting Commenced:

5:30pm

Councillors in Attendance: Cr Sue McMillan Cr John Mortimore

Council Staff in Attendance: Mike Long Teresa Donegan Fleur Cousins Kerry Stubbings Lisette Pine Matters Considered:

1. Knox City Council’s First Community Safety Plan and the Role of Healthy Ageing 2. Healthy Ageing Advisory Committee: New Term and E xpression of Interest process to establish new

Committee for 2012 3. Interim Evaluation of the Knox Healthy Ageing Strategic Plan – Final Draft Framework 4. Knox Seniors Festival October 2011 – Survey responses gathered at Stringybark Festival Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest



255




Knox Disability Advisory Committee (KDAC) Time Meeting Commenced:

6:30pm

Councillors in Attendance: Cr John Mortimore Cr Peter Cole

Council Staff in Attendance: Glenys McCarthy Nicole Hunter Amy Gough Matters Considered:

1. Guide to Services Update 2. Access to Local Businesses 3. KDAC Recruitment 2012-13 - Timelines 4. Access and Inclusion Plan – Update for 2011 5. Reflection on 2010-2011 Committees - Achievements - What is needed to strengthen 2012-13 committee 6. KDAC Promotion - Feedback on website information 7. Knox Carols - Volunteers - Access 8. Draft Open Space and Liveable Streets Plans - Community engagement workshops 9. Report Back on Conferences/Meetings/ Issues Attended - Communication access symbol - IT enables

Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


256




Stamford Park Project Steering Committee Time Meeting Commenced:

7:00pm

Councillors in Attendance: Cr Mick Van de Vreede Cr David Cooper Cr Darren Pearce

Council Staff in Attendance: Graeme Emonson Trish Winterling Kim Rawlings David Blair Hans Pelgrim Peter Kavan Matters Considered:

1. Project Program 2. Feedback from the Stamford Park Community Reference Group 3. Community feedback about the Stamford Park Exhibition at the 2011 Stringybark Festival 4. Stamford Park Planning Scheme Amendment and site subdivision process update 5. Draft Business Plan – Arts and Cultural uses at the site – Draft Scope plan 6. Risk assessment of staged public access to the site 7. Report on planned grounds works at the Homestead Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest

Councillor Lef t A ssembly While Matter Being Considered

257




Knox Community Sports Centre Management Committee Time Meeting Commenced:

5:00pm

Councillors in Attendance: Cr David Cooper

Council Staff in Attendance: David Blair Matters Considered:

1. YTD Management Accounts – November 2011 2. Follow up and discussions with Hockey Club on various issues 3. Asset Renewal Plan 4. 2012 Meeting Dates Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest



258




Dinner prior to Strategic Planning Committee meeting Time Meeting Commenced:

6:30pm

Councillors in Attendance: Cr Adam Gill Cr Joe Cossari Cr John Mortimore Cr David Cooper Cr Peter Cole Cr Andrew Walter Cr Darren Pearce Cr Sue McMillan

Council Staff in Attendance: Graeme Emonson Angelo Kourambas Kerry Stubbings Mark Dupe Matters Considered:

1. Knox Multicultural Advisory Committee – Community Appointments 2. Knox Disability Advisory Committee – Community Appointments Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest



259




Confidential Issues Briefing meeting Time Meeting Commenced:

8:30pm

Councillors in Attendance: Cr Adam Gill Cr Joe Cossari Cr John Mortimore Cr David Cooper Cr Darren Pearce Cr Sue McMillan

Council Staff in Attendance: Graeme Emonson David Blair Angelo Kourambas Kathy Parton Kerry Stubbings Annette Dodson Mark Dupe Matters Considered:

1. Bayswater Multipurpose Facility 2. Draft Knox City Council Multicultural Action Plan 2012-2017 Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest



260




Environment Advisory Committee Time Meeting Commenced:

6:30pm

Councillors in Attendance: Cr John Mortimore

Council Staff in Attendance: Trish Winterling Bronwyn Cron Nadine Gaskell Marshall Kelaher Matters Considered:

1. Structure and Function of the Sustainability Department Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest



261




Knox Central Advisory Committee Time Meeting Commenced:

6:00pm

Councillors in Attendance: Cr Adam Gill Cr Sue McMillan Cr David Cooper Cr Joe Cossari Cr Darren Pearce

Council Staff in Attendance: Graeme Emonson Samantha Mazer Angelo Kourambas Mark Holdsworth Jason Matthews Kim Rawlings Matters Considered:

1. Overview, Introduction and Welcome to External Advisors 2. Vision for Urban Renewal of Knox Central by Precinct 3. Looking to 2012 4. Early Draft of Precinct Masterplan 5. Development Update 6. Possible Approaches to Lewis Road Industrial Precinct Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest



262




Public Transport Consultative Committee Time Meeting Commenced:

6:30pm

Councillors in Attendance: Cr Mick Van de Vreede

Council Staff in Attendance: Ron Crawford Melissa Sparrow Matters Considered:

1. Public Transport Consultative Committee Terms of Reference and Community Representatives 2. Changes to Bus Services 3. Research Items 4. Topic for Media Release 5. Updates: - Community Transport - Bus Companies - Metro - Eastern Transport Coalition Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest



263 COUNCIL 24 January 2012

12. MOTIONS FOR WHICH NOTICE HAS PREVIOUSLY BEEN GIVEN

Nil.

13. SUPPLEMENTARY ITEMS

Nil.

14. URGENT BUSINESS

14.1 URGENT BUSINESS

Nil.

14.2 CALL UP ITEMS

Nil.

15. QUESTIONS WITHOUT NOTICE

Nil.

MEETING CLOSED AT 9.29PM

Minutes of Meeting confirmed at the Ordinary Meeting of Council

held on 28 February 2012

………………………………… Chairman

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