Agenda of Ordinary Council Meeting

ORDER OF BUSINESS

1. Prayer

2. Acknowledgment of Country

3. Apologies

4. Declaration of Interests

5. Confirmation of Minutes of the Ordinary Council Meeting held on Monday 12 December 2016.

6. Public Questions

7. Officers’ Reports

Director Corporate Services

1. Attendance Report 5

2. Reports of Assembly of Councillors 7

3. Councillor Representation Reports 13

4. Councillors Quarterly Professional Development Report - October to December 2016 27

5. Report on the Consideration of the Submission received for Sale of Council's Discontinued Right of Way at the Rear of 16 Hardy Crescent Heathmont 29

6. Financial Report: Six Months Ending 31 December 2016 36

7. Audit & Risk Advisory Committee Report 55

Director Operations, Infrastructure & Leisure

1. Community Facilities Dedication Nominations 57

2. Community Assistance Fund 65

3. Capital Works Mid-Year Report 2016/2017 68

Director Planning & Community

1. Council Plan 2013-2017 (Year 4: 2016/17) Progress Report - as at 31 December 2016 95

2. Heritage Controls - 29 Bedford Road, Ringwood. 103

3. Municipal Emergency Management Plan (2017-2020) 106

4. Local Government Performance Reporting Framework - Quarter 2 Results 2016/17 167

5. Amendment C107 Ruskin Park Neighbourhood Residential Zone 182

6. Amendment C108 Wonga Road Neighbourhood Residential Zone 197

8. Motions to Review

9. Late Item

10. Requests / Leave of Absence

11. In Camera

Director Corporate Services

1. Tender Evaluation Report - Contract MWRRG 2015/9 Eastern Organics Processing Facility (through Metropolitan Waste & Resource Recovery Group)

Director Operations, Infrastructure and Leisure

1. Derwent Street Flood Mitigation Works

DIRECTOR Corporate Services – Marianne Di Giallonardo

Reports of Assembly of Councillors	Item 2

Purpose

To present the ‘Public Record’ of those Assembly of Councillors briefings which are attended by all Councillors and generally held on Monday evenings at the City Offices Ringwood, and to note the issues discussed.

Strategic / policy issues

The following directions contained in Maroondah 2040: Our Future Together and the Council Plan 2013-2017 (Year 4: 2016-2017) provide the strategic framework that underpins the purpose of this report.

Outcome Area: A well governed and empowered community

Our Vision: Maroondah is an effectively empowered community that is actively engaged in Council decision making through processes that ensure their voice is heard and considered. Council provides strong and responsive leadership, ensures transparent processes and works with the community to advocate and champion their needs

Key Directions 2016 – 2017:

8.1 Provide enhanced governance that is transparent, accessible, inclusive and accountable

Background

An Assembly of Councillors, as defined under the Local Government Act 1989 [s.3], is a planned or scheduled meeting, comprising at least five (5) Councillors and one (1) member of Council staff, that considers matters that are intended or likely to be:

· the subject of a decision of the Council; or

· subject to the exercise of a delegated function, duty or power of Council

Examples of an Assembly of Councillors may include:

· Councillor Briefings (which are attended by all Councillors and generally held on Monday evenings),

· On-site inspections,

· Consultative Meetings with residents, developers, consultants,

· Panel Hearings conducted under s223 of the Act,

· Meetings with local organisations, Government Departments, statutory authorities, and local politicians

Issue / discussion

As part of decision making processes at Maroondah, it is essential that Councillors are briefed on a range of issues which come before Council for consideration. As a means of providing this information, Assembly of Councillors briefings are conducted.

Assemblies are also attended by Council Officers, and sometimes other specific advisors, to provide Councillors with a detailed knowledge and understanding of issues under consideration to a level of detail that would inhibit timely decision-making, that would not be possible in an open Council meeting, where decision-making related debate is governed by strict meeting procedures.

The intent of this report is to present the ‘Public Record’ of those Assembly of Councillors briefings which are attended by all Councillors and generally held on Monday evenings, and to note the items discussed. This information is already available to the public upon request in accordance with the Local Government Act [s.80A].

This report and attachments formally table the information items previously covered by Councillors.

The ‘Public Record’ of the Assembly of Councillors briefings held on 12 December 2016 and 6 February 2017 is attached for information.

The items contained therein were noted.

Financial / economic issues

Not Applicable

Environmental / amenity issues

Not Applicable

Social / community issues

Not Applicable

Community consultation

Not Applicable

Conclusion

Assembly of Councillors briefings are important forums for advice and discussion, on what are often complex issues facing the municipality, in the lead up to formal decisions being made by Councillors at Council Meetings. At Assemblies, or outside them, Councillors also have the opportunity of requesting additional information to assist in the decision making process.

It is appropriate that the ‘Public Record’ of those Assembly of Councillors briefings which are attended by all Councillors and generally held on Monday evenings at the City Offices Ringwood, usually two weeks prior to the formal Council Meeting, be noted at a formal meeting of Council.

Attachments

1.⇩	2016 December 12 - Assembly of Councillors Public Record
2.⇩	2017 February 06 - Assembly of Councillors Public Record

CONFIDENTIALITY

Not Applicable

RECOMMENDATION

THAT COUNCIL RECEIVES AND NOTES THE PUBLIC RECORD OF THE ASSEMBLY OF COUNCILLORS BRIEFINGS HELD ON 12 december 2016 and 6 february 2017

ATTACHMENT No: 1 - 2016 December 12 - Assembly of Councillors Public Record

Item 2

2014 Maroondah Logo RGB.jpg

ASSEMBLY OF COUNCILLORS – PUBLIC RECORD

Assembly Details:

Date: Monday 12 December 2016	Time: 6:00pm	Location: Meeting Room 4, Braeside Avenue, Ringwood

Attendees:

Councillors
Cr Tony Dib, JP	Cr Samantha Marks	Cr Kylie Spears
Cr Marijke Graham	Cr Michael Macdonald	Cr Rob Steane
Cr Nora Lamont	Cr Paul Macdonald	Cr Mike Symon

Council Officers:
Steve Kozlowski	Chief Executive Officer
Marianne Di Giallonardo	Director Corporate Services
Phil Turner	Director Planning & Community
Trevor Welsh	Director Operations, Infrastructure & Leisure
Sherryn Dunshea	Manager Communicatons & Marketing
Tim Cocks	Manager Leisure
Amity Patten	Manager Karralyka Centre
Jeremy Cutajar	Manager Maroondah Golf Courses
Andrew Taylor	Manager Engineering & Building Services
Stephen Onans	Team Leader Governance
Apologies:
Councillors:	Nil
Council Officers:	Nil

Conflict of Interest Disclosure:
Councillors:	Nil
Council Officers:	Nil

Items Discussed: ## Confidential

1	Council Meeting Agenda
2	2017 Australia Day Award Nominees
3	Karralyka Spiegeltent
4	Golf Strategic Review
5	Croydon Town Centre SSRI Program

Record completed by:

Council Officer	Stephen Onans
Title	Team Leader Governance

ATTACHMENT No: 2 - 2017 February 06 - Assembly of Councillors Public Record

Item 2

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ASSEMBLY OF COUNCILLORS – PUBLIC RECORD

Assembly Details:

Date: Monday 6 February 2017	Time: 6:00pm	Location: Meeting Room 4, Braeside Avenue, Ringwood

Attendees:

Councillors
Cr Tony Dib, JP	Cr Samantha Marks	Cr Kylie Spears
Cr Marijke Graham	Cr Michael Macdonald	Cr Rob Steane
	Cr Paul Macdonald	Cr Mike Symon


Council Officers:
Steve Kozlowski	Chief Executive Officer
Marianne Di Giallonardo	Director Corporate Services
Phil Turner	Director Planning & Community
Trevor Welsh	Director Operations, Infrastructure & Leisure
Andrew Fuaux	Manager Planning, Health & Local Laws
Kirsten Jenkins	Team Leader Community Health & Local Laws
Andrew Taylor	Manager Engineering & Building Services
Dale Muir	Manager Revenue & Property Services
Rosalie Hastwell	Team Leader Arts & Cultural Development
Richard Holt	Public Art Officer
Tony Rocca	Manager Finance & Governance
Elaine Matthews	Team Leader Waste & Special Projects
Peter Tully	Governance Advisor
Tim Cocks	Manager Leisure
Grant Meyer	Manager Integrated Planning
Stephen Onans	Team Leader Governance
Apologies:
Councillors:	Cr Nora Lamont
Council Officers:	Nil

Conflict of Interest Disclosure:
Councillors:	Nil
Council Officers:	Nil

Items Discussed: ## Confidential

1	Municipal Emergency Management Plan Audit
2##	Derwent Street, Ringwood North Flood Mitigation
3	Property Matter: 16 Hardy Crescent, HeathmontM
4	Public Artwork - Acacia Court
5##	Eastern Region Green Organics Tender
6	Councillor Code of Conduct
7	Silcock Pavilion - Proposed Development
8	Charity Golf Days
9	Development of Council Plan 2017-2020
10	Planning Scheme Amendment C107 Report
11	Planning Scheme Amendment C108 Report
12	Planning Scheme Amendment C109 - Interim Heritage Controls
13	Video Live Streaming of Council Meetings
14	Live Streaming of Council Meetings
15	Community Assistance Fund
16	Melbourne East Councils Governance Arrangements
17	Draft Councillor Conference Itinerary

Record completed by:

Council Officer	Stephen Onans
Title	Team Leader Governance

DIRECTOR Corporate Services – Marianne Di Giallonardo

Councillor Representation Reports	Item 3

Purpose

To receive and note the following meeting minutes.

· Maroondah Disability Advisory Committee (MDAC) held on 15 December 2016

· Maroondah Partners In Community Wellbeing Committee (MPIC) held on 5 December 2016

· Metropolitan Local Government Waste Forum Commitee held on 2 February 2017

The following directions contained in Maroondah 2040: Our Future Together and the Council Plan 2013-2017 (Year 4: 2016-2017) provide the strategic framework that underpins the purpose of this report.

Outcome Area: A well governed and empowered community

Key Directions 2016 – 2017:

8.1 Provide enhanced governance that is transparent, accessible, inclusive and accountable.

Background

As part of Council's commitment to the principles and practice of good governance, it is appropriate that Councillors and the Community are formally updated on the actions and activities of the various organisations bodies/advisory groups upon which it is represented.

Issue / discussion

Council is represented on numerous Boards and Organisations. Appointments are made annually by Council at the commencement of the new Mayoral term.

Cr Lamont is Council’s representative on the Metropolitan Local Government Waste Forum.

Crs Lamont and Spears are Council’s representatives on the Maroondah Disability Advisory Committee.

Crs Marks and Graham are Council’s representatives on the Maroondah Partners in Community Wellbeing Committee.

Financial / economic issues

Not Applicable

Environmental / amenity issues

Not Applicable

Social / community issues

Not Applicable

Community consultation

Not Applicable

Conclusion

It is appropriate that Councillors and the Community are formally updated on the actions and activities of the various organisations bodies/advisory groups upon which Council is represented.

Attachments

1.⇩	Maroondah Disability Advisory Committee (MDAC) Minutes 15 December 2016
2.⇩	Maroondah Partners In Community Wellbeing Committee (MPIC) Minutes 5 December 2016
3.⇩	Metropolitan Local Government Waste Forum Minutes 2 February 2017

CONFIDENTIALITY

Not Applicable

RECOMMENDATION

That COUNCIL RECEIVES AND NOTES MINUTES OF THE

1. maroondah disability advisory committee meeting held on 15 december 2016

2. maroondah partners in community wellbeing committee meeting held on 5 december 2016

3. Metropolitian local government waste forum committee meeting held on 2 february 2017

ATTACHMENT No: 1 - Maroondah Disability Advisory Committee (MDAC) Minutes 15 December 2016

Item 3

Maroondah Logo RGB-cropped

MAROONDAH DISABILITY

ADVISORY COMMITTEE (MDAC)

MINUTES

Thursday 15 December 2016, 10:00am – 12.00noon

Meeting Room 3, Maroondah Federation Estate, Ringwood

Minutes are yet to be confirmed. They will be presented to the Committee at the next meeting to be held on 9 March 2017.

Present: Cr Nora Lamont (MCC), Cr Kylie Spears (MCC), Michelle Egan, Cara Hudson, Briere Kop, Judith Lenthall, Ron Major, Jenny Newman, Geoffrey Outhred, Laura Seymour, Melinda Spencer

Support: Fiona Burridge, Jack Mulholland

Guests: Chris Zidak, Manager Business & Development

Renee Herps, Community Events Officer

Robyn Butcher, PLAYCE Pty Ltd, Landscape architects

1.1 Welcome: Cr Lamont welcomed all to the meeting

Apologies: Andrea Salmon

1.2 Minutes & Conflicts of Interest

No further business arising from the previous minutes and they were confirmed as an accurate record.

Moved: Melinda Spencer, Seconded: Ron Major.

No Conflicts of Interest were declared.

1.3 Introductions

Cr Lamont welcomed Cr Kylie Spears to her first Committee meeting.

Each member gave a brief introduction given that several new members were in attendance. Jacob Matthew also attended as he is interested in joining the Committee and is a keen advocate for people with a disability. He finished VCE this year and is considering pursuing a building design course at TAFE in 2017. Jacob was introduced to Council by Unitingcare LifeAssist. As the Committee has one vacancy for a young person with a disability in Maroondah, Jacob attended the meeting to see if it is the right avenue for him to continue his advocacy work.

2. Consultation on proposed design for Croydon Town Square

Cr Lamont introduced Chris Zidak, Manager Business & Development, and Renee Herps, Community

Events Officer. Chris spoke to a PowerPoint presentation provided an overview of the Croydon Town

Square project. It is in the heart of Croydon and will connect Croydon Main Street with the Station precinct. It is to be a vibrant, active, and engaging area where people can congregate. Site maps were shown and mention was made of the land owned by Victrack. Council is working with Victrack about the development of their parcel of land. CCTV camera will be installed around Croydon Town Square for safety. Renee Herps spoke about the community consultation that had already been undertaken but the project is still very much in the design stages. The project is considering six main topics:

Ø Safe

Ø Connected

Ø Accessible

Ø Inclusive

Ø Amenity

Ø Identity

Discussion continued around design concepts eg pathways, flexible spaces, accessibility, visually attractive. The proposed timeline involves completion by end of 2018. Mention was made of quiet spaces and/or secluded areas. Chris noted that Council is working towards an uninterrupted flow from one point to another with open spaces.

Questions were asked regarding Croydon Shopping Centre and Croydon Town Square with thoughts of connectivity and accessibility. Chris mentioned that Council cannot go underground and grade separation must be considered.

Jack spoke about Changing Places facilities, a Maroondah led project that has delivered locally. At this stage they are all located in Ringwood so it would be advantageous to locate Changing Places facilities in Croydon. Croydon Town Square being located centrally would feature as an ideal location. Of interest, Yarra Ranges Council have recently announced their fifth Changing Places facility. Cr Lamont agreed that a Changing Places facility is needed and commented that we can’t just redo the current facilities. Chris noted that facilities that are DDA complaint are fine for people in wheelchairs but are difficult to negotiate in a scooter. After some further discussion it was noted that Cr Lamont & Cr Spears will look at funding options for a Changing Places facility at Croydon Town Square.

Cr Lamont discussed disability parking at Realm/Eastland being too far away and people not knowing where they are located. Cr Lamont queried the disabled parking for the new development. A discussion followed regarding options with disabled parking and ramp gradients at the station. Chris was asked if free Wi-Fi had been considered and he agreed that this was an option.

Cr Lamont thanked both Chris and Renee and asked them to return mid next year for an update. Chris agreed to provide the Committee with an update on designs in 2017.

3. Ringwood Lake Park

Robyn Butcher from PLAYCE Pty Ltd presented a PowerPoint on Ringwood Lake Park. Robyn gave an overview of the current facility using site maps and photos, and spoke about the consultation they had undertaken to date.

A discussion commenced on the options being considered for Ringwood Lake Park and the different play elements and consideration was given to the Liberty Swing. Discussion continued around the location of the swing and the more inclusion options that are now available. New types of play equipment eg roller table, water equipment, cubbies, musical instruments, accessible furniture were discussed and safety issues regarding the lake were mentioned.

Cr Lamont asked about the timeline and Robyn commented that this was the last consultation, aiming to have the first design available at Council’s Australia Day event at Ringwood Lake Park for the community to comment on. At the end of the financial year, all plans will be completed and construction undertaken in the 2017-18 financial year.

Cr Lamont noted a recent announcement for $100,000 of Victorian Government funding for the redevelopment of the playground project to be added to the existing Council funding of $500,000. Cr Lamont invited the Committee to attend the Australia Day event.

4. Introduction and Overview of Council’s Home Support program and NDIS

Due to time restraints, this item was rescheduled to the March 2017 meeting.

Action: Fiona to relist

6. National Disability Strategy 2010-2020

Jack handed out a printout on ‘Delivery of outcomes under the National Disability Strategy 2010-2020 to build inclusive and accessible communities’ and an article on ‘Design for Dignity Retail Guidelines’. Jack is going to coordinate a submission on the delivery of the outcomes for the National Disability Strategy 2010-2020 and asked the Committee to email any ideas they would like included to Fiona by early February 2017. In addition, Committee members can make their own submissions.

The ‘Design for Dignity Retail Guidelines’ was for information purposes. Jack noted that we should consider visual impairment such as the accessible toilet seats being coloured as white is too hard to see. He also noted the flooring in Realm is coloured so it’s easy to navigate.

A brief discussion followed regarding the need for a safe, accessible place in Eastland if a child is having a meltdown. Jack commented that Eastland is aware of the need for a quiet room and is considering options.

5. Eastland Map

Cr Lamont thanked everyone for their responses to the Eastland map. She will continue working on this with Eastland. The main issues seemed to be finding the lifts and locating the accessible parking. It would be good to have a simplified map. Cr Lamont mentioned that she is still following up on a disability bay outside of Realm. Several other suggestions were made including visual markers on the map and electronic signage showing the number of disabled spaces available in each area.

Jack also mentioned that a virtual tour of Realm could be produced like Changing Places have done. Could also have one for Eastland and the carpark.

6. Closing

Cr Lamont thanked all for their contributions and wished everyone a Merry Christmas. The meeting closed at 11.35am.

ATTACHMENT No: 2 - Maroondah Partners In Community Wellbeing Committee (MPIC) Minutes 5 December 2016

Item 3

Maroondah Partners in Community Wellbeing Committee

Monday 5 December 2016

9.30-11:30pm

Meeting Room 2, Braeside Avenue, Ringwood

MINUTES

Minutes yet to be confirmed. Will be presented to the Committee at the next meeting (20 February 2017)

Present:

Bill Wilkins (Chair & Community Representative),

Bridget Ruff (MCC)

Maggie Palmer (EACH)

Vivienne Cunningham-Smith (Eastern Volunteers)

Sue Rosenhain (WHE)

Vanessa Czerniawski (Women’s Health East)

Jess Pendlebury (EMPHN)

Jennifer Small (DET)

Laura Newstead (OEPCP),

Cr Marijke Graham (MCC)

Noelene Greene (MCC)

Christine Farnan (DHHS)

Lisa Pirie (Minute Taker)

Apologies:

Fiona Purcell (OELLEN)

Kelly Naughton (OEPCP)

Liz Senior (EACH)

Mervat Dahdoule(MIC)

Kelly Naughton (OEPCP)

Maidie Graham (Wesley Homelessness and Support Services)

Cr. Samantha Marks (MCC)

1. Welcome Bill Wilkins

Bill welcomed all committee members to the meeting and apologies as above were noted. Bill then provided the Acknowledgement of Country

Bill also welcomed our new Councillor, Cr. Marijke Graham to the Committee.

Round table introductions were conducted.

2. Declaring a Conflict of Interest Bill Wilkins

Bill reminded members of the purpose of this item and invited members to advise of a conflict at any time. No declarations were made.

3. Confirmation of the Minutes of the last meeting Bill Wilkins

The minutes of the last meeting were confirmed. These were accepted as an accurate record of proceedings.

4. Introduction of new members Bill Wilkins

Given the addition of many new faces to the group, a round table introduction of all members was conducted at the commencement of the meeting.

5. Maroondah Health and Wellbeing Plan Bridget Ruff

The Maroondah Health and Wellbeing Plan 2017-2021 is a four-year plan and outlines Councils commitment to improving health and wellbeing to the community.

At the last meeting a workshop was scheduled however this was reformatted into an email and question follow up. A replacement workshop will not be held in its place.

Bridget re-presented the Maroondah Health & Wellbeing Plan 2017-2021 Framework & Planning Process and also presented the MHWP Consultation Program.

Discussion took place regarding the Framework and Process, with queries raised and clarified. Consensus was reached by the end of discussion.

Action: Bridget to implement Framework and planning process.

Morning Tea 10:55 am

6. Information Share

Maggie Palmer (EACH)

Maggie had been on long service leave so didn’t have a lot to report since the previous meeting however in the broader organisation, EACH are currently developing an Advocacy Strategy.

EACH has also launched the opening of Innovative Specialist Disability Housing Development located at 15 Greenwood Ave Ringwood which allow people with significant disabilities to live independently.

New program launch - Cultural Safety Program which is a 10-week program in partnership with schools targeting indigenous youth. Maggie has a flyer that she can distribute to the group.

Vivienne Cunningham-Smith (Eastern Volunteers)

Vivienne is new to this role (7 weeks) so provided a brief overview of her role and advised the group that Eastern Volunteers produced $1 million of economic value back into the community with 1,105 volunteers providing 15,780 transport trips alone. Whilst they support volunteering, they also deliver services to the community of which they endeavour to expand.

Sue Rosenhain (WHE)

Sue provided an update on the 16 days of activism campaign, an intiative designed to promote awareness around gender based violence of which Vanessa was to elaborate.

Vanessa Czerniawski (Women’s Health East)

Vanessa expanded on the information provided by Sue on their social marketing campaign for the 16 Days of Activism Against Gender based violence – GE4ME. This is a strategy to encourage gender equality and to prevent violence against women.

Jess Pendlebury (EMPHN)

Priority areas now are alcohol and other drugs with the main focus on reducing hospital admissions.

Jennifer Small (DET)

Jennifer spoke of a 10-year plan focussing on Indigenous support promoting education in schools, cultural safety and parental education with the major focus being on school transitioning from primary to secondary.

Laura Newstead (OEPCP)

Laura provided the group an update on their project “The Well”. They are now at the stage where they are developing workshops whereby they will engage various partners to seek their feedback and input. They would also like a 10-minute time slot at a future meeting. Action: Bridget to liaise with Laura regarding a date.

They also have two new staff members on board which has really boosted their capacity.

Cr. Marijke Graham (MCC)

This was Councillor Graham’s first Partners in Wellbeing meeting therefore she spoke of her interest in learning more about the group and their goals and projects.

Christine Farnan (DHHS)

Vic Health Roadshow - an email has been sent to ’Save the Date’. Christine welcomed all in the group to please come along and reiterated that it was an open invite. In the email was a link and this is required to register. Action: Christine to recirculate the email.

Development of a Nutrition Network – There is a large gap in this space. Mapping at present, many people and players involved in this initiative.

Next Meeting: Workshop

General Committee Meeting date TBA

The meeting closed at 11:59am.

DIRECTOR Corporate Services – Marianne Di Giallonardo

Councillors Quarterly Professional Development Report - October to December 2016	Item 4

Purpose

To provide a report to the community on professional development undertaken by Councillors.

STRATEGIC / POLICY ISSUES

The following directions contained in the Maroondah 2040: Our Future Together and the Council Plan 2013-2017 (Year 4: 2016-2017) provide the strategic framework that underpins the purpose in this report:

Outcome Area: A well governed and empowered community.

Our Vision: In 2040, Maroondah will be an empowered community that is actively engaged in council decision making through processes that consider the needs and aspirations of all ages and population groups. Council will provide strong and responsive leadership, ensuring transparency, while working with the community to advocate for and 'champion' local needs.

Key Directions 2016 - 2017:

8.1 Provide enhanced governance that is transparent, accessible, inclusive and accountable.

Background

The Councillor Expenses/Entitlements Policy, as amended, was adopted by Council on 27 June 2011. In accord with clause 5.4.3 of the amended policy, a report to Council is provided covering all professional development undertaken by Councillors within that period. This report covers the October to December period of the 2016/2017 Financial Year.

Issue / discussion

This is a standard Governance reporting item.

Financial / economic issues

A budget of $72,000 in the 2016/2017 Financial Year exists for the professional development of Councillors.

The following table outlines both individual Councillor expenditure for the period and the YTD figure as at 31 December 2016.

Councillor	Oct to Dec 2016	YTD 31/12/16
Tony Dib	Nil	Nil
Marijke Graham	Nil	Nil
Nora Lamont	Nil	Nil
Michael Macdonald	Nil	Nil
Paul Macdonald	Nil	Nil
Samantha Marks	Nil	Nil
Kylie Spears	Nil	Nil
Rob Steane	Nil	Nil
Mike Symon	228.35	228.35
TOTAL	$228.35	$228.35

Environmental / amenity issues

Not Applicable

Social / community issues

Not Applicable

Community consultation

Not Applicable

Conclusion

Not Applicable

Attachments

Not Applicable

CONFIDENTIALITY

Not Applicable

RECOMMENDATION

That COUNCIL NOTES THE COUNCILLORS PROFESSIONAL DEVELOPMENT REPORT FOR OCTOBER 2016 – DECEMBER 2016

DIRECTOR Corporate Services – Marianne Di Giallonardo

Report on the Consideration of the Submission received for Sale of Council's Discontinued Right of Way at the Rear of 16 Hardy Crescent Heathmont	Item 5

Purpose

To consider the submission received in response to Council’s notification of its proposal to sell the subject land.

Strategic / policy issues

The following directions contained in Maroondah 2040: Our Future Together and the Council Plan 2013-2017 (Year 4: 2016-2017) provide the strategic framework that underpins the purpose of this report.

Outcome Area: A well governed community

Our Vision: In 2040, Maroondah will be an effectively empowered community that is actively engaged in Council decision making through processes that ensure their voice is heard and considered. Council provides strong and responsive leadership, ensures transparent processes and works with the community to advocate and champion their needs.

Key Directions 2016 – 2017:

8.1 Provide enhanced governance that is transparent, accessible, inclusive and accountable.

8.2 Ensure responsible and sustainable management of Maroondah’s resources, assets, infrastructure and natural environment.

8.3 Provide community inspired leadership in democratic governance.

Background

This no-through discontinued right of way (DROW) commences between numbers 40 & 42 Cuthbert Street, Heathmont and heads due south for 230 metres, finishing at the northern boundary of the Marlborough Primary School.

Council at its meeting on 17 August 2009 resolved to discontinue this section of the right of way (ROW) and to give public notice pursuant to Section 189 of the Local Government Act 1989 and Council’s policy on Consultation Procedures for Statutory Notification, of its proposal to sell the land.

The ROW originally ran from Cuthbert Street to Dandenong Creek. In May 1978, the former City of Ringwood discontinued the section abutting Marlborough Primary School/Heathmont College and transferred the land to the Minister for Education. The land is now part of the school grounds.

While the section running between Waters Grover and Dandenong Creek remains open and is used by the public, the section between Cuthbert Street and the School has been enclosed by abutting property owners.

The western boundary is abutted by properties at numbers 2 to 22 Hardy Crescent and on the eastern boundary are the properties at numbers 18 to 42 Waterloo Street.

Since the discontinuance of the ROW, Council has had to address issues of encroachment and subsequently has received requests from owners to purchase sections of the land. There have been several attempts made to correspond with the owners regarding the apportionment of the laneway, however with a stalemate outcome in the majority of cases.

The owner of 4 Hardy Crescent Heathmont agreed to purchase the section at the rear of their property as well as the section at the rear of 2 Hardy Crescent (who had declined Council’s offer). A public consultation process was conducted in January 2014 for the sale of these portions of the DROW to 4 Hardy Crescent and no submissions were received. This sale is currently still being finalised.

The owner of 14 Hardy Crescent Heathmont expressed an interest to purchase the section of DROW at the rear of their property in March 2015. An internal consultation took place and the owners were then given approximate costs for the sale of land and a timeframe to accept Council’s offer. No response was received from the owner.

The owner of 16 Hardy Crescent Heathmont (Ms Woodhouse) expressed an interest to purchase the section of DROW at the rear of her property in July 2014. The property owner of 2/24-26 Waterloo Street (behind 16 Hardy Crescent) was required to remove an encroaching wire fence at the time and was also given the opportunity to submit an interest in purchasing this section of the DROW, however no response was received.

Council proceeded to sell the DROW to 16 Hardy Crescent. As a condition of sale the owner must install lockable gates on the northern and southern boundaries of the land. Council and the owner will be the only holders of the keys. A creation of a carriageway easement over the land will be in favour of Council.

Issue / discussion

In accordance with legislation, the Public Notice advertising Council’s proposal to sell the land for $16,500 plus GST to Ms Woodhouse was published on 23 May 2016 in The Age and the Maroondah Leader newspapers. As required by Council’s policy, copies were posted on Council’s website, on the notice boards at the library and the three customer service centres, and a copy with a covering letter sent to fifty-nine owners and occupiers within 100 metres of the land. Submitters were given until 20 June 2016 to respond.

In response, there was one written submission received from the owner of 5/30 Waterloo Street, Ms. Natalie Lanyon-Town. A copy of this submission is attached to this report.

The owner of 5/30 Waterloo does not object to the sale of the land but is more concerned that Council would be left with land locked parcels which would be difficult for Council to maintain. She also requested Council when selling the land, that it protects the mature trees within or bordering on the above property.

Ms Lanyon-Town felt that it would be unfair to the owner of 16 Hardy Crescent to purchase the land legitimately whilst other property owners who occupy the land, continue to do so free of any payment of costs to Council.

Council officers will further attempt to resolve the sale or otherwise of the remaining parcels of the DROW abutting the rear of properties in Waterloo Street and Hardy Crescent, Heathmont in the coming months.

Regarding the protecting the tree matter, officers are able to advise that the application to subdivide the discontinued right of way did not include removal of any trees. The area is covered by a Significant Landscape Overlay No. 3 under the Maroondah Planning Scheme and as such additional permits would need to be issued if the land owners wanted to remove the trees.

Ms Lanyon-Town verbally expressed that she did not wish to be heard by Council’s Committee but wanted her comments be noted and discussed at a Council meeting.

A number of expressions of interest to purchase other sections of the DROW were received as a result from the Public Notice notification on 24 May 2016.

These owners had expressed interest to purchase sections of the land previously, however Council did not proceed, as there would have been land locked parcels still in Council’s ownership. Should Council resolve to execute the sale of 16 Hardy Crescent, Council will commence the statutory processes to sell the remainder of the discontinued ROW as this land is of minimal strategic value for the Maroondah community.

Financial / economic issues

The resources associated with the management of Council’s land asset portfolio are contained within the current budget.

Community consultation

Council has complied with both the statutory requirements and Council’s policy on Procedures for Statutory Notification.

Conclusion

Although one submission to the proposed sale was received it did not indicate any objection to the sale proceeding. Council is now in a position to authorise officers to undertake the required procedures to finalise the sale of the subject property.

Attachments

1.⇩	Submission
2.⇩	Map
3.⇩	Aerial Map

CONFIDENTIALITY

Not Applicable

RECOMMENDATION

That COUNCIL having undertaken public consultation pursuant to both section 189 of the local government act 1989 and council’s policy on consultation procedures for statutory notification, council proceeds to sell part of the discontinued right of way at the rear of 16 hardy street heathmont in accordance with its resolution dated 17 AUGUST 2009

DIRECTOR Corporate Services – Marianne Di Giallonardo

Financial Report: Six Months Ending 31 December 2016	Item 6

Purpose

To present the financial statements for the six months ending 31 December 2016.

Strategic / policy issues

Outcome Area: A well governed and empowered community.

Vision Statement: In the year 2040, Maroondah will be an effectively empowered community that is actively engaged in Council decision making through processes that ensure their voice is heard and considered. Council provides strong and responsive leadership, ensures transparent processes and works with the community to advocate and champion their needs.

Key Directions 2016 - 2017:

8.1 Provide enhanced governance that is transparent, accessible, inclusive and accountable.

Background

In accordance with Sections 136, 137 and 138 of the Local Government Act 1989, Council is required each quarter to consider the financial performance of the municipality against budget for the year to date (YTD).

This requirement is not a substitute for the more frequent range of detailed financial reports that continue to be provided to Council management.

The attached financial statements contain an Income Statement (Operating Statement); Balance Sheet; Statement of Cash Flows and a Statement of Capital Works. The Income Statement is presented per accounting standards by nature.

The statements have been prepared on the basis of accrual accounting (i.e. including significant accruals) and non-consolidation (i.e. excludes the results of the Eastern Regional Library Corporation and Section 86 Committees of Management).

The statements provide comparisons between actual results and the YTD forecast budget.

Issue / discussion

The following is a summary of the financial position for the six months ending 31 December 2016. Detailed report is attached.
1.1 OPERATING PERFORMANCE

	YTD	YTD	YTD	Forecast	Adopted
	Forecast	Actual	Var	Budget	Budget
	$’000	$’000	$’000	$’000	$’000
Operating
Income	104,169	105,076	907	126,082	126,863
Expenses	(61,474)	(59,466)	2,009	(122,261)	(122,046)
Underlying Surplus (Deficit)	42,695	45,610	2,916	3,821	4,817

Capital
Grants - Capital (recurrent and non-recurrent)	3,343	3,324	(19)	6,563	1,420
Comprehensive result	46,038	48,935	2,897	10,384	6,237

For the six months ended 31 December 2016, Council has recorded an operating surplus before capital revenues of $45.61 million, which is $2.92 million ahead of the year to date forecast budget. Income and expense categories contributing to the variance to forecast budget include (brackets indicate unfavourable):

· Cash contributions $511k above forecast, due to $503k in favourable Public Open Space contributions.

· Net gains on disposal of property, infrastructure, plant and equipment $208k ahead of forecast.

· Statutory fees and fines are $182k above forecast. This is the result of $137k in higher than expected community health registration fees.

· Materials and services are $884k below forecast. Expense types contributing to this include Consultancies $94k, Fuels, Oils and Running Costs $89k, Materials $82k, Electricity $76k, Legal Fees $61k, Insurances $31k. Expenses for Agency Staff ($65k) and Group Training Programs ($43k) were ahead of forecast.

· Contractors are $843k below forecast, with Home Care $319k, Operations $156k, Construction $76k, Waste Management $60k, Integrated Planning $38k and Works $34k all below forecast.

· Employee Costs are $278k below forecast with Aged and Disability Services $90k and Maternal Child Health $69k below forecast. Aquahub ($53k), Children Services ($44k), City Parks ($41k) and Engineering ($34k) were above budgeted costs.

There has been a $996k change from the Adopted Budget underlying surplus expectation of $4.82 million to the Forecast Budget underlying surplus expectation of $3.82 million. This is the result of decreased forecast income expectations of $781k and increased forecast expense expectations of $215k.

The $5.143 million movement between the Capital Grants Adopted Budget of $1.42 million and the Capital Grants Forecast Budget of $6.56 million consists of:

· Department of Infrastructure and Regional Development’s National Stronger Regions Fund income of $3 million for Realm;

· Funding for the redevelopment of the East Ringwood Pavilion of $750k ($500k in Federal funding and $250k in State funding under the Multicultural Infrastructure Fund);

· State government funding from the Department of Transport, Planning & Local Infrastructure for the signalisation of Bedford/Great Ryrie Road of $250k;

· Carried Forward Capital $364k; and

· Federal funding under the Roads to Recovery program for Lincoln Road ($359k).

The $4.14 million movement between the comprehensive result Adopted Budget of $6.24 million and the comprehensive result Forecast Budget of $10.38 million mainly relates to the following:

· Carried forward grants net ($224k);

· New and revised grant funding net ($44k);

· New and revised capital grant funding $4.76m;

· Restricted Assets of $340k; and

· Movement in departmental operating budgets of ($656k).

1.2 CAPITAL PERFORMANCE

	YTD	YTD	YTD	Forecast	Adopted
	Forecast	Actual *	Var	Budget **	Budget
	$’000	$’000	$’000	$’000	$’000
Total capital works	14,994	14,073	921	35,485	24,553

*YTD Actual expenditure includes Carried Forwards

**Forecast Budget expenditure includes Carried Forwards

The Forecast Budget includes carried forward works from 2015/16 of $8.36m and funding for new and revised projects.

For the six months ending 31 December 2016 Council has expended $14.07 million on the capital works program, which is in line with the year to date forecast budget. Capital program variances include:

· Recreational Leisure and Community Facilities behind by $670k;

· Other Capital Roads and Drainage behind by $390k;

· Parks and Open Space behind by $180k;

· Footpaths and Cycleways behind by $116k;

· Computers and Telecommunications behind by $100k; and

· Building Renewal ahead by $706k.

1.3 FINANCIAL POSITION

	2016-17	2015-16	2016-17	2015-16
	December YTD	December YTD	Adopted	June EOFY
	Actual	Actual	Budget	Actual
	$’000	$’000	$’000	$’000
Cash and investments	30,093	30,780	32,549	35,531
Net current assets	63,146	62,540	16,367	18,288
Net assets and total equity	1,497,119	1,454,525	1,427,494	1,448,184

The Financial Position as at 31 December 2016 shows cash and investment balances of $30.09 million and a net current asset position of $63.15 million, which are both in line with balances this time last year. The net asset position as at 31 December 2016 is $1.5 billion. Cash and investment balances are above expectations identified in the Long Term Financial Strategy for the current period of 2016/2017.

Financial / economic issues

As presented in this report and accompanying financial statements.

Environmental / amenity issues

Not Applicable

Social / community issues

Not Applicable

Community consultation

Not Applicable

Conclusion

The 31 December YTD results are favourable and provide a solid foundation for achieving Council’s 2016/2017 services and advocacy programs.

Attachments

1.⇩	20 February 2017 - Council Meeting Report - Financial report appendix 6 months 31 December 2016

CONFIDENTIALITY

Not Applicable

RECOMMENDATION

THAT COUNCIL RECEIVES AND NOTES THE REPORT ON THE FINANCIAL PERFORMANCE AGAINST BUDGET FOR THE SIX MONTHS ENDING 31 DECEMBER 2016

DIRECTOR Corporate Services – Marianne Di Giallonardo

Audit & Risk Advisory Committee Report	Item 7

Purpose

To report to Council on the outcomes of the Audit & Risk Advisory Committee Meeting held on 1 February 2017.

Strategic / policy issues

The Local Government Act 1989 prescribes that Council must establish an Audit & Risk Advisory Committee and that such committee will be advisory in nature. The Audit & Risk Advisory Committee provides a mechanism for Council to strategically examine various aspects of the Council operations to ensure risk management, legal compliance, financial control, and governance measures are in place.

Background

Council’s Audit & Risk Advisory Committee consists of both Council and external representatives. The Mayor Tony Dib, and Councillor Mike Symon, are Council representatives on the Committee.

The external members are Mr John Watson (chair), and Mr Bruce Potgieter.

The Audit & Risk Advisory Committee Charter requires that this Committee report to Council on the findings and recommendations from its meetings. This report provides a summary of matters under consideration by the Audit & Risk Advisory Committee of the meeting held on Wednesday 1 February 2017.

Issue / discussion

The Annual Financial Report and Annual Performance Statement for the Quarter Ended 31 December 2017 were presented for the consideration and approval in principle of the Audit & Risk Advisory Committee. An overview of the Statements was provided as well as some analytics explaining some of the movements in the Statements. The Committee accepted the Statements and were complimentary in terms of how the information presented. This report is included as a separate item in this Council Meeting Agenda.

The Audit & Risk Advisory Committee confidentially considered several other items, which included:

· Updated risk management report – presenting the organisations current operational and strategic risks and the controls that are currently in place to mitigate those risks. The Committee endorsed the Risk Management Report and supported continuing development and progress that is being undertaken in the area. For the next meeting, the risk register will be linked further to the Internal Audit Program for 2017/18 and onwards;

· An Internal Audit Program Status Report providing a summary of the internal audit activity for the period since the previous Audit & Risk Advisory Committee meeting; and

· a follow-up of the status of Internal Audits 2013-2016 with all findings officially closed and recommendations implemented.

FINANCIAL / ECONOMIC ISSUES

Council’s budget provides for the operation of the Audit & Risk Advisory Committee and for the completion of an Internal Audit Program.

Environmental / amenity issues

Not applicable.

Social / community issues

Not applicable.

Community consultation

Not applicable.

Conclusion

This report provides a summary of the outcomes of the Audit & Risk Advisory Committee meeting held on Wednesday 1 February 2017.

Attachments

Not Applicable

CONFIDENTIALITY

Not Applicable

RECOMMENDATION

That COUNCIL RECEIVES AND NOTES THE REPORT FROM THE AUDIT & RISK ADVISORY COMMITTEE MEETING HELD ON WEDNESDAY 1 FEBRUARY 2017

DIRECTOR Operations, Infrastructure & Leisure – Trevor Welsh

Community Facilities Dedication Nominations	Item 1

Purpose

The purpose of this report is to seek approval for the proposed dedication of East Ringwood Multipurpose Pavilion and the dedication of the finish line Grandstand and Pavilion at AC Robertson Athletic Centre.

Strategic / policy issues

Outcome Area: Safe, healthy and active community

Our Vision: In 2040 Maroondah will be a safe, healthy and active community with local opportunities provided for people of all ages and abilities to have high levels of social, emotional and physical wellbeing.

Key Directions 2016 – 2017

1.21 Support and empower local community groups, sporting clubs and special interest groups across Maroondah

Background

From time to time Council receives requests from individuals and community groups to name public open space and other community facilities after an individual, a family or an organisation. Naming public open space or a community facility is a perpetual honour and Council must ensure that in each case the dedication is in all circumstances appropriate. In March 2016, Council endorsed a Community Facilities Dedication Policy to establish clear parameters for when a request for naming a community facility will be considered, set criteria for assessment of requests and a process for the submission, assessment, consultation, and approval of requests.

Issue / discussion

Nominations were received for the proposed dedication of the East Ringwood Multipurpose Pavilion, the finish line Grandstand at AC Robertson Athletic Centre and the Pavilion at the AC Robertson Athletic Centre. In accordance with the Community Facilities Dedication Policy an initial suitability assessment of the requests by a panel of Council staff was undertaken. The panel recommended that the proposals proceed to the community consultation phase of the policy process, which has now been completed. Council did not receive objection to any of the three dedication proposals.

The dedications are as follows:

The Ringwood Athletic Centre Special Committee of Council proposed that the new pavilion under construction at the AC Robertson Athletic Centre be named the Tony Lethbridge Pavilion in honour of Robert Anthony Lethbridge.

Robert Anthony Lethbridge was a founder of the Ringwood Athletics Club in 1963. It was his vision for a permanent home for athletics that led to the design and construction of the Athletics Facility at Proclamation Park in 1975.

SERVICE TO THE COMMUNITY

· Medal of the Order of Australia – Services to Athletics 1988

· Australian Sports Medal 2000 – Nominated by Maroondah City Council

· Athletics Victoria Merit Award - 1994

· Warming Up for The Games Committee – Nominated by Maroondah City Council

· Member & Secretary of the AC Robertson Special Committee of Council 1975 - 2010

The Mayor and Councillors proposed that the grandstand located adjacent to the finish line at the AC Robertson Athletic Centre be named the Ann Fraser Grandstand in honour of Councillor Ann Fraser who passed away in 2015 while serving as Ward Councillor for Mullum.

Ann served six years as a Councillor with the former City of Ringwood, and served as a Councillor for Maroondah City Council for a further six years. In addition, Ann made an outstanding contribution to many organisations, schools, churches and community groups over the years. She volunteered for more than 38 years with Council’s Meals on Wheels service and worked closely with the Ringwood Chamber of Commerce & Industry, Red Cross, HE Parker Netball Committee of Council and the Country Women’s Association. At the athletic centre Ann served as an active member of the Proclamation Park Committee of Council and the subsequent Ringwood Athletic Centre Special Committee of Council and volunteered for many years at the Ringwood Little Athletic Centre.

The East Ringwood Cricket Club & East Ringwood Football Club proposed that the new pavilion under construction at East Ringwood Reserve be named the Coopersmith Pavilion in honour of Brian Coopersmith. Brian has lived in the City of Maroondah for the majority of his life. He is a Life Member of both the East Ringwood Football Club and the Eastern Football League and has been President of the Maroondah Sports Club since its inception in 1981. He has a long-standing commitment to community fundraising and personal philanthropy and has made a very significant donation to the funding of the multipurpose pavilion.

SERVICE TO THE COMMUNITY

· Medal of the Order of Australia 2010

· Freeman of the City – Maroondah City Council 2016

Financial / economic issues

All costs associated with the installation of signage for the facility will be funded by Open Space.

Environmental / amenity issues

Not Applicable

Social / community issues

The Community Facilities Dedication Policy allows Council and the community to recognise extraordinary contributions to the Maroondah Community.

Community consultation

A letter of notification was sent to the listed groups and individuals below, outlining the proposed name, rationale for dedication and process for objection. Recipients were afforded a minimum 28 days to respond in writing to the Chief Executive Officer during the period 14 December 2016 to 20 January 2017. The following groups and individuals received notification.

AC Robertson Pavilion & Grandstand

East Ringwood

Multipurpose Pavilion

Ringwood Athletics Club

Ringwood Professional Athletics Club

Ringwood Little Athletics Club

Next of Kin

Neighbouring Residents

Proclamation Park Walkers

East Ringwood Tennis Club

East Ringwood Junior Football Club

Chin Community Victoria

Next of Kin

Neighbouring Residents

Conclusion

Nominations were received for the proposed dedication of the East Ringwood Multipurpose Pavilion in honour of Brian Coopersmith, the Pavilion at AC Robertson Athletics Centre in honour of Robert Anthony Lethbridge and the finish line Grandstand at AC Robertson Athletics Centre in honour of Ann Fraser. In accordance with the Community Facilities Dedication Policy, the requests have undertaken an initial suitability assessment by a panel of Council staff, and then a 28-day community consultation process notifying user groups, neighbouring residents and next of kin. Council did not receive an objection to any of the three nominations.

Attachments

1.⇩	Communty Facilities Dedication Policy 2016

CONFIDENTIALITY

Not Applicable

RECOMMENDATION

that council, in accordance with the community facilities dedication policy, approves the dedication of the following three community facilities

1. THE PAVILION AT A C ROBERTSON ATHLETICS CENTRE TO BE DEDICATED AS The TONY LETHBRIDGE Pavilion

2. THE EAST RINGWOOD MULTIPURPOSE PAVILION TO BE DEDICATED AS The COOPERSMITH Pavilion

3. THE FINISH LINE GRANDSTAND AT A C ROBERTSON ATHLETICS CENTRE BE DEDICATED AS The Ann Fraser Grandstand

DIRECTOR Operations, Infrastructure & Leisure – Trevor Welsh

Community Assistance Fund	Item 2

Purpose

To provide Council with a summary of the Community Assistance Fund for the six month period 1 July 2016 – 31 December 2016.

Strategic / policy issues

Outcome Area: Safe, healthy and active community

Vision Statement: In 2040 Maroondah will be a safe, healthy and active community with local opportunities provided for people of all ages and abilities to have high levels of social emotional and physical wellbeing.

Key Directions 2016 - 2017

1.21 Support and empower local community groups, sporting clubs and special interest groups across Maroondah.

Background

The Community Assistance Fund provides financial support, being 25% of costs to a maximum value of $350, to assist individuals to meet new challenges and strive to exceed excellence in their chosen sport, profession or arts interest.

The Community Assistance Fund also aims to provide financial assistance to not for profit local community groups, to a maximum of $1,000 to assist in meeting unexpected expenses which are unable to be deferred to Council’s Community Grants Scheme for consideration.

The Community Assistance Fund also provides for in-kind support to assist community organisations to meet costs associated with participation in community activities such as fund raising and charity days.

All grant applications are assessed according to set criteria and funding recommendations based on a funding matrix and approved at monthly Assembly of Councillors meetings.

The Community Assistance Fund is the only scheme available offering funding opportunities for individual Maroondah residents.

Issue / discussion

During the funding period 1 July 2016 – 31 December 2016, thirteen individual applications received funding. Three in-kind applications were approved.

Community Assistance Fund applications have been received from a range of ages and disciplines which demonstrates diversity of interests in Maroondah and the high level of achievement being reached in the Maroondah community.

The following is a summary of successful Community Assistance Fund applicants for the period 1 July to 31 December 2016.

Individuals

Resident of:	Purpose of Funding
Croydon North	Selected to represent Victoria at the Border Challenge in Queensland for Gymnastics
Kilsyth South	Selected in Victorian State representative team for Australian Senior Tenpin Bowling Organisation Seniors Week Challenge held in Adelaide
Heathmont	Selected to represent Victoria at the Inline Hockey National Championships held in Moe
Croydon	Selected to represent Victoria at the Inline Hockey National Championships held in Moe
Croydon South	Selected to represent Victoria in Aquatics at the Special Olympics Trans-Tasman Tournament held in New Zealand
Ringwood North	Qualified to participate in the UCI Gran Fondo World Championships Road Race held in Perth
Ringwood North	Selected in basketball team competing at the National Club Championships held in Newcastle
Ringwood North	Selected for the Tennis Super Seniors ITF World Team Championships held in Croatia
Warranwood	Selected in Touch Football Victorian State Team competing at the North Queensland Regional Championships
Croydon North	Selected in Open Softball team competing at the Open Women’s National Softball Championship held in Sydney
Warranwood	Selected to represent the State at the School Sport Australia National Track and Field Championships held in Sydney
Kilsyth	Selected to compete at the SSA Junior Australian Title – Speedway held in South Australia
Ringwood	Selected to take part in the Special Olympics Invitational Netball Tournament held in Adelaide

Organisations

Organisation	Purpose of Funding	$ Value
Nil

In-Kind

Organisation	Activity Description	In-Kind Support	$ Value
Ringwood Golf Club Inc.	Charity Golf Day	Use of Ringwood Golf Course	$5,000
The Lions Club of Croydon in conjunction with the Lions Clubs of Vermont & Warrandyte Inc.	Charity Golf Day	Use of Dorset Golf Course	$5,000
Rotary Club of Croydon Inc.	Charity Golf Day	Use of Dorset Golf Course	$5,000

Financial / economic issues

The budget for the 2016/2017 Community Assistance Fund was set at $21,943 with $4,127 expended for the 6 month period 1 July 2016 to 31 December 2016 for individuals and organisations.

The in-kind value for period 1 July 2016 to 31 December 2016 is $15,000.

Environmental / amenity issues

Not Applicable

Social / community issues

The Community Assistance Fund has been developed to provide a financial contribution to assist community groups with urgent or unforeseen costs and to assist individuals to meet costs associated with participation in community activities such as sporting competitions, self development initiatives or arts interests. The in-kind component is to assist community organisations meet costs associated with participation in community activities such as fund raising, charity days etc.

Community consultation

Not Applicable

Conclusion

The report provides details to Council pertaining to the Community Assistance Fund Grant scheme 1 July 2016 – 31 December 2016 and provides a list of individuals and organisations who received financial support through this funding program.

Attachments

Not Applicable

CONFIDENTIALITY

Not Applicable

RECOMMENDATION

THAT COUNCIL RECEIVES AND NOTES THIS REPORT

DIRECTOR Operations, Infrastructure & Leisure – Trevor Welsh

Capital Works Mid-Year Report 2016/2017	Item 3

Purpose

To present the financial and operational status of major Capital Works projects for the first half of the 2016/2017 financial year.

Strategic / policy issues

The following directions contained in Maroondah 2040: Our Future Together and the Council Plan 2013-2017 (Year 4: 2016-2017) provide the strategic framework that underpins the purpose of this report.

Outcome Area: A well governed and empowered community.

Key Directions 2016 - 2017:

8.1 Provide enhanced governance that is transparent, accessible, inclusive and accountable.

Background

Council, as part of its Adopted Budget 2016/2017, allocated $24.553m to Capital Works projects. Council has obtained external State and Federal grants totalling an additional $1.260m.

Capital Works programs status reports are prepared by management and reviewed monthly at the Capital Works Implementation Group (CWIG) and presented quarterly to the Audit and Risk Advisory Committee (ARAC).

Provided in this report is an overview of the period 1 July to 31 December 2016 Capital Expenditure on Council’s major projects, together with explanations on budget overruns or timing differences in the stages of project completion.

The report also discusses those Capital Projects which due to various reasons required funds to be carried forward from the previous financial year (2015/2016).

Issue / discussion

The following is a summary of the status of Council’s major construction projects and financial position for the second half of the 2016/2017 financial year.

CAPITAL PERFORMANCE - DECEMBER 2016

	YTD	YTD	YTD	Forecast	Amount	Adopted
	Forecast Budget	Actual *	Bud Var	Budget **	Carried Forward	Budget
	$’000	$’000	$’000	$’000	$’000	$’000
Buildings ¹	2,997	3,033	(36)	9,512	3,136	2,900
Roads ²	2,648	2,575	73	6,045	1,653	4,280
Footpaths and Cycleways	883	767	116	2,050	61	2,050
Carparks	133	112	22	365	59	426
Drainage	1,440	1,400	40	3,697	798	2,420
Waste Management	66	30	36	66	16	50
Other Capital Roads and Drainage	596	207	390	1,066	566	525
Recreational Leisure and Community Facilities ³	2,728	2,058	670	3,752	1,447	2,396
Parks and Open Space ⁴	646	467	180	2,752	332	2,191
Fixtures, Furniture and Fittings	5	5	0	74	14	60
Plant, Machinery and Equipment ⁵	1,293	1,264	29	3,627	74	3,502
Computers and Telecommunication ⁶	655	556	100	1,579	587	920
Property Sales	380	373	7	380	0	0
Building Renewal	521	1,227	(706)	521	(386)	2,833
Total capital works	14,994	14,073	921	35,485	8,357	24,553

Explanation of variations between forecast budget and adopted budget:

· ¹ Buildings – Variation between adopted ($2.9m) and forecast ($9.5m) budgets is due to:

- $3.1m that was carried forward from the 15/16 financial year, which relates to the Ringwood Athletics Pavilion ($928k) and East Ringwood Multipurpose Pavilion ($1.7m) projects;

- $450k from the Federal Government for HE Parker Sporting Pavilion Redevelopment (which is the majority of their allocation, the rest of which is anticipated in 17/18);

- $750k from external funding sources (State and Federal Government) for the East Ringwood Multipurpose Pavilion project; and

- $2.3m from the Building Renewal budget (note that the building renewal line item has a reduction in the budget of this amount), which has been allocated to individual building projects within this category

· ²Roads – Variation between adopted ($4.3m) and forecast ($6.05m) budgets is due primarily to the $1.65m that was carried forward from the 15/16 financial year, which includes the Roads to Recovery program (Lincoln Road) ($990k), Bedford/Great Ryrie Street Signalisation ($418k), and some other minor road improvement projects.

· ³Rec Leisure and Community Facilities – Variation between adopted ($2.4m) and forecast ($3.8m) budgets is due to the $1.45m that was carried forward from the 15/16 financial year, which relates primarily to the AC Robertson Athletics Track Renewal project and some other minor associated projects;

· ⁴Parks and Open Space – Variation between adopted ($2.2m) and forecast ($2.8m) budgets is due to primarily to the $332k that was carried forward from the 15/16 financial year, which relates to the East Ringwood Reserve Drainage and Landscaping ($155k) and other minor park improvement works;

· ⁵Plant, Machinery and Equipment – Variation between adopted ($3.5m) and forecast ($3.6m) budgets is due primarily to the $74k that was carried forward from the 15/16 financial year, which relates to the Plant & Equipment replacement program

· ⁶Computers and Telecommunication - – Variation between adopted ($920k) and forecast ($1.6m) budgets is due primarily to the $587k that was carried forward from the 15/16 financial year, which relates to a number of the IT based projects

Financial / economic issues

CARRIED FORWARDS

These projects have funds allocated in 2015/2016 budget year and have been carried forward into the 2016/2017 budget year to allow completion of projects. Attachment 1: Projects Carried Forward 2015/2016 shows the current status of these projects.

PROJECT STATUS

See Attachment 2: Project Status 1 July to 31 December 2016.

CAPITAL WORKS YTD – EXPENDITURE (CUMULATIVE)

*YTD Actual expenditure includes Carried Forwards

**Forecast Budget expenditure includes Carried Forwards and future years’ projects brought forward

Environmental / amenity issues

Not Applicable

Social / community issues

Not Applicable

Community consultation

Not Applicable

Conclusion

The 2016/2017 Capital Works Budget is tracking close to projection at the mid-year point. Most carried forward projects are now complete. End of year forecast budget is $11.1m above adopted due to variations of brought forwards to complete large projects.

Attachments

1.⇩	Current Status - Capital Works Carried Forward 2015/2016
2.⇩	Project Status at 31 December 2016

CONFIDENTIALITY

Not Applicable

RECOMMENDATION

THAT COUNCIL RECEIVES AND NOTES THE REPORT ON THE PROGRESS AND STATUS OF CAPITAL WORKS PROJECTS FOR THE PERIOD 1 JULY TO 31 DECEMBER 2016

DIRECTOR Planning & Community – Phil Turner

Council Plan 2013-2017 (Year 4: 2016/17) Progress Report - as at 31 December 2016	Item 1

Purpose

To provide an update on the progress of priority actions identified in the Council Plan 2013-2017 (Year 4: 2016/17)

Strategic / policy issues

The following directions contained in Maroondah 2040: Our Future Together and the Council Plan 2013-2017 (Year 4: 2016-2017) provide the strategic framework that underpins the purpose of this report.

Outcome Area: A well governed and empowered community

Our Vision: In 2040, Maroondah will be an empowered community that is actively engaged in Council decision making through processes that consider the needs and aspirations of all ages and population groups. Council will provide strong and responsive leadership, ensuring transparency, while working with the community to advocate for and ‘champion’ local needs.

Key Directions 2016 – 2017:

8.1 Provide enhanced governance that is transparent, accessible, inclusive, and accountable

8.2 Ensure responsible and sustainable management of Maroondah’s resources, assets, infrastructure, and natural environment

8.4 Foster a culture of innovation, cooperation, commitment, communication, and continuous improvement that positions Maroondah City Council as a leader in local government

Priority Action 2016-2017:

Not applicable

Background

The Council Plan 2013-2017 is Maroondah City Council’s key medium-term strategic document that sets key directions and priority actions to work towards the long-term community vision outlined in Maroondah 2040: Our future together.

The Council Plan plays a vital role in shaping Maroondah’s future over a four-year period. It identifies both challenges and opportunities for our community at local and regional level within the context of the community’s long term community vision, Maroondah 2040: Our future together. It also forms the basis for Council to make decisions regarding resources and priorities in response to community needs and aspirations.

The Council Plan is implemented through a service delivery planning process, and outcomes are measured and reported regularly. Achievements are reported back to Council and the community through the Maroondah City Council Annual Report at the end of each financial year.

Issue / discussion

Each year, Council presents to the community an updated set of key directions and priority actions for implementing the four-year Council Plan. This helps to ensure that the Plan continues to be aligned with Maroondah 2040: Our future together, the community’s long-term vision, and is responsive to community needs and expectations. The review also helps to ensure that all Council planning, strategies, policies, and processes take their lead from the key directions outlined within the Plan.

The Council Plan is divided into eight future outcome areas, each with a set of four-year key directions (strategies), annual priority actions, strategic indicators and supporting strategies and plans. The priority actions identified work towards the achievement of the key directions, and ultimately toward the outcomes and vision outlined in Maroondah 2040: Our Future Together.

The attached report identifies the progress made by Council this financial year in working towards the delivery of the Council Plan 2013-2017 (Year 4: 2016/17) Priority Actions.

As at 31 December 2016, all 24 Council Plan Priority Actions for 2016/17 were on track.

Financial / economic issues

Not Applicable

Environmental / amenity issues

Not Applicable

Social / community issues

Not Applicable

Community consultation

Not Applicable

Conclusion

The attached report identifies that Council in continuing to make excellent progress in working towards the delivery of Council Plan priority actions for 2016/17.

Attachments

1.⇩	Council Plan 2013-2017: Year 4 (2016/17) - Quarterly Progress Report - As at 31 December 2016

CONFIDENTIALITY

Not Applicable

RECOMMENDATION

THAT COUNCIL NOTES THE PROGRESS MADE TOWARDS THE DELIVERY OF COUNCIL PLAN 2016/17 PRIORITY ACTIONS AS AT 31 DECEMBER 2016

DIRECTOR Planning & Community – Phil Turner

Heritage Controls - 29 Bedford Road, Ringwood.	Item 2

Purpose

The purpose of this report is to recommend that Council seeks authorisation from the Minister for Planning to apply permanent heritage controls at 29 Bedford Road, Ringwood. The report also recommends that Council commits to reviewing and updating the existing Maroondah Heritage Study.

Strategic / policy issues

The following directions contained in Maroondah 2040: Our Future Together and the Council Plan 2013-2017 (Year 4: 2016-2017) provide the strategic framework that underpins the purpose of this report.

Outcome Area: An attractive, thriving and well-built community.

Our Vision: In 2040, Maroondah will be an attractive community with high quality residential and commercial areas incorporating infrastructure that meets the needs and aspirations of all ages and abilities. A diverse range of housing options will be available and thriving activity centres will provide a broad range of facilities and services that meet community needs.

Key Directions 2016 – 2017:

6.1 Encourage high quality urban design that provides for a healthy, attractive, and desirable built form.

6.3 Work in partnership to deliver distinctive and high quality architecture through the use of urban design guidelines and principles.

6.7 Plan and facilitate the development of a community where everyone can live, work and play locally.

Background

In May 2016 an application for a development permit was lodged with Council for the construction of a three (3) storey apartment style building comprising seven (7) dwellings plus basement level car park with fifteen (15) car spaces at 29 Bedford Road, Ringwood.

Fifteen (15) objections were received during consultation for the proposal on the grounds that the existing property had heritage value, amongst other concerns. The applicant commissioned Coleman Architects to prepare a heritage report in response to objections, which found that the property had historic interest but not sufficient to meet the criteria for a Heritage Overlay (HO).

Council subsequently commissioned a peer review of the Coleman Architects report that was undertaken by Context Heritage Consultants. The Context report did not accept the findings of the Coleman Architects report and recommended that a HO be applied. The development application was refused by Council primarily on that basis and has now been appealed to VCAT.

On 22 December 2016, while the development application was still under consideration a request for report and consent for a building permit to demolish the property was submitted to Council’s Building Department.

A planning permit is not required for demolition unless a heritage overlay applies to this site, which it did not. The only grounds to suspend or refuse the building permit for demolition is therefore to request that the Minister for Planning prepare, adopt, and approve an amendment to the Maroondah Planning Scheme to apply an interim heritage overlay. Interim heritage controls provide short term protection against demolition while permanent controls are being prepared.

Accordingly, on 9 January 2017 Council applied to the Minister for Planning to apply an Interim Heritage Overlay to the property at 29 Bedford Road, Ringwood.

Issue / discussion

The Context Heritage Consultants report concluded that 29 Bedford Road, Ringwood is significant at a local level, being of local historical, representative, and aesthetic significance. The property was originally subdivided as part of the Railway Park Estate in 1888 and is significant for its demonstration of the many land speculations of the time and was marketed for its proximity to the railway station. The house was built in 1914 as a part of the housing boom that occurred following the announcement of the electrification of the railway line. According to the report, the house itself is significant as a representative example of the few remaining Edwardian dwellings in Ringwood. The report notes that it is one of only six comparable examples in the municipality and one of only three in Ringwood and that any modifications, if not original, are sympathetic to the original style.

Following Council’s request for an interim Heritage Overlay, a response from the Department of Environment, Land, Water, and Planning (DELWP) was received on 17 January 2017, under delegated authority from the Minister for Planning. The Department agreed to apply an interim heritage overlay, subject to the following conditions:

· That prior to authorisation, Council needs to demonstrate its commitment to exhibit a permanent HO prior to the Minister introducing an interim HO. Council be allowed no more than six weeks to resolve to seek authorisation to introduce a permanent HO over the property, which then should be promptly exhibited.

· That Council demonstrate its commitment ASAP (within six weeks), to undertake a Council or precinct wide heritage study to ensure a strategic approach to heritage protection.

For the interim controls to take effect, Council must therefore pursue a permanent HO for the site at 29 Bedford Road, Ringwood and commit to undertaking a broader heritage study.

Financial / economic issues

The landowner at 29 Bedford Road, Ringwood is likely to object to a permanent heritage being applied to the property. Costs for any resulting planning panel hearing would come from Council’s existing budget. The preparation of a heritage study to meet the second condition issued by the Department would be subject to a budget allocation as part of Council’s annual budget deliberations.

Environmental / amenity issues

The protection of a property with local heritage significance through the application of a heritage overlay is an important amenity issue for the municipality.

Social / community issues

A total of 15 objections to the development application which would have resulted in the demolition of the existing property indicates that the protection of the existing dwelling is an important issue for members of the community.

Community consultation

The landowner at 29 Bedford Road, Ringwood will be informed of any proposals to apply a heritage overlay to their property and will have the opportunity to object. The issue has largely arisen due to the statutory consultation with the community in the course of the lodgement of the development application.

Conclusion

Council applied on 9 January 2017 to the Minister for Planning for an interim heritage overlay at 29 Bedford Road, Ringwood in response to an application for a building permit for the demolition of the existing dwelling. The Department of Environment, Land, Water, and Planning (DELWP) has agreed to interim controls under delegated authority from the Minister for Planning subject to the conditions that Council:

· Pursues a permanent heritage overlay for the property; and

· Commits to undertaking a broader heritage study.

Council must meet the above conditions by the end of February 2017 for interim heritage controls to be applied.

Attachments

Not Applicable

CONFIDENTIALITY

Not Applicable

RECOMMENDATION

That council

1. Seeks authorisation from the minister for planning to apply a permanent heritage overlay to the property at 29 bedford road, ringwood

2. As part of its budget considerations, commits to the preparation of a municipal wide or precinct heritage study to review and update the 2003 maroondah heritage study

DIRECTOR Planning & Community – Phil Turner

Municipal Emergency Management Plan (2017-2020)	Item 3

Purpose

The purpose of this report is to seek endorsement by Council of the Maroondah City Council’s Municipal Emergency Management Plan (MEMP) which has been developed pursuant to section 20(1) of the Emergency Management Act 1986. A copy of the MEMP is Attachment 1 to this report.

Strategic / policy issues

The following directions contained in Maroondah 2040: Our Future Together and the Council Plan 2013-2017 (Year 4: 2016-2017) provide the strategic framework that underpins the purpose of this report.

Outcome Area: A well governed and empowered community

Key Directions 2016 – 2017:

8.5 Work in partnership with key agencies and other levels of government to provide leadership in emergency preparedness, response and recovery processes

Background

The Emergency Management Act 1986 (the Act), Section 20 (1) requires municipal Councils to prepare and maintain a Municipal Emergency Management Plan that contains provisions which identify resources available for use in the municipal district for emergency prevention, response and recovery.

Responsibility for the development of the MEMP sits with the Planning, Health and Local Laws Department and is coordinated by the Team Leader Community Health and Emergency Management, Kirsten Jenkins. The ongoing review and development of the new MEMP is facilitated through the Municipal Emergency Management Planning Committee (MEMPC).

Maroondah’s MEMPC membership consists of Council officers with senior emergency management responsibilities, response and recovery agencies and local community groups involved in emergency management issues. A full list of the MEMPC membership that has contributed to the development of the plan can be found in the MEMP plan at attachment 1.

Section 21A of the Act requires that at least once every 3 years an audit is undertaken by the Victorian State Emergency Service (SES) to assess whether Maroondah City Council’s MEMP complies with the guidelines issued by the Co-ordinator in Chief of the SES.

The MEMP is audited by the State Emergency Services in consultation with Department of Health and Human Services (DHHS) and Victoria Police (VICPOL).

The audit is designed to assist municipalities to reach a common minimum standard in their emergency management planning activities. All MEMP’s are assessed for their compliance with the most recent issue of the Municipal Emergency Management Planning Arrangements – Guidelines for Committees which is published as Part 6 of the Emergency Management Manual Victoria (EMMV).

The audit questions are based upon relevant emergency management legislation and the EMMV and is an evidence based process. Audit questions are focused on the emergency planning process rather than the specific content of plans.

Maroondah’s MEMP was last audited by the SES in 2014 and fully complied with the audit process. This Council received a Certificate of Audit that was valid until 16 April 2017.

The audit preparation for the current Municipal Emergency Management Plan commenced in July 2016 with the audit assessment due to take place on 22 March 2017.

Issue / discussion

In accordance with the Emergency Management Act, there are a number of legislative responsibilities in relation to emergency management planning process that must be included in the MEMP. These include:

· The MEMP must be developed based on a process that systematically identifies hazards, determines risk, and prioritises actions to reduce the likelihood and effects of an emergency.

· The Community Emergency Risk Assessment process, facilitated by Victorian SES for the MEMPC, prioritised the top 8 risks in the municipal area:

- Extreme temperatures – heatwave

- Flood, storm and extreme weather

- Fire residential – multi occupancy

- Bushfire – large/small

- Road Transport Incident

- Human epidemic – Pandemic Influenza

- Service Disruption – Utilities

- Civil Disturbance

· Of these eight risks, the following hazard specific sub-plans have been developed, reviewed and endorsed by the relevant sub-committees/working groups

- Flood and Storm Management sub-plan

- Fire management sub-plan

- Heatwave sub-plan

- Pandemic Influenza sub-plan

· Local coordination of emergency relief activities, including opening and operating an Emergency Relief Centre, provision of information, temporary accommodation and personal support services

- This is outlined in the Maroondah Emergency Relief sub -plan

· Local coordination of emergency recovery activities, including clean up, community engagement, public health, rebuilding, social, economic and natural environment activity

- This is outlined in the Maroondah Emergency Recovery sub -plan

Financial / economic issues

In accordance with MEMP, financial accounting for Municipal resources utilised in emergences must be authorised by the Municipal Emergency Resources Officer (MERO) or the Municipal Recovery Manager (MRM) and shall be in accordance with the normal financial arrangements of Council.

Depending on the magnitude of the emergency, Government financial assistance may be available for prevention, response and recovery activities. Council officers work closely with the Department of Treasury and Finance to recoup these costs.

Maroondah Council is also a signatory to the ‘Protocol for Inter-Council Emergency Management Resource Sharing’ coordinated by the Municipal Association of Victoria. The Protocol provides an agreed position between councils for the provision of assistance between councils for response and recovery activities.

Social / community issues

The Municipal Emergency Management Planning process aims to achieve community focussed outcomes during emergencies. Previous emergency history, such as Black Saturday, has shown that all agencies, levels of government, and community working together are required to reduce the likelihood, effect, and consequences of emergencies on communities.

Community consultation

The MEMP is always available on Council’s website and residents are invited to contribute to and provide feedback about the Plan on an ongoing basis. Emergency management issues such as “Where do you live and do you know your risks?” and “Managing yourself in a heatwave” were topics for Café Consult at Maroondah Festival in 2015 and 2016. Findings from these consultations formed the basis of community engagement activities.

An opportunity for community feedback on the MEMP closed on 10 February 2017. There were no responses received.

There are over 18 local, state and regional agencies and organisations represented on the Municipal Emergency Management Planning Committee who have contributed to the development and review of the MEMP and the relevant sub-plans.

Conclusion

Maroondah City Council is obliged to develop and maintain a Municipal Emergency Management Plan in accordance with the Emergency Management Act 1986. The plan is audited for compliance every three years and the next audit is due on 22 March 2017. A requirement of the audit is that Council endorses the Municipal Emergency Management Plan.

Attachments

1.⇩	Maroondah Municipal Emergency Management Plan 2017-2020 - DRAFT

CONFIDENTIALITY

Not Applicable

RECOMMENDATION

That COUNCIL ENDORSES THE MAROONDAH CITY COUNCIL MUNICIPAL EMERGENCY MANAGEMENT PLAN (2017-2020)

DIRECTOR Planning & Community – Phil Turner

Local Government Performance Reporting Framework - Quarter 2 Results 2016/17	Item 4

Purpose

To provide a report of Council’s Local Government Performance Reporting Framework (LGPRF) service performance information for the second quarter of 2016/17 (1 October 2016 to 31 December 2016).

Strategic / policy issues

The following directions contained in Maroondah 2040: Our Future Together and the Council Plan 2013-2017 (Year 4: 2016-2017) provide the strategic framework that underpins the purpose of this report.

Outcome Area: A well governed and empowered community

Key Directions 2016 – 2017:

8.1 Provide enhanced governance that is transparent, accessible, inclusive and accountable

8.2 Ensure responsible and sustainable management of Maroondah’s resources, assets, infrastructure and natural environment

8.4 Foster a culture of innovation, cooperation, commitment, communication and continuous improvement that positions Maroondah City Council as a leader in local government

Priority Action 2016-2017:

Not applicable

Background

The LGPRF is a new mandatory reporting system developed by Local Government Victoria which was introduced in 2014 to ensure all Victorian Councils are measuring and reporting on their performance in a consistent way.

The LGPRF is a key State Government initiative aimed at improving the transparency and accountability of local government sector performance to ratepayers and to provide a more meaningful set of information to the public.

The framework is made up of service performance, financial performance and sustainability measures, along with a governance and management checklist. Together these components build a comprehensive picture of local government performance.

These measures are reported in Council’s Annual Report each year via the Report of Operations and Performance Statement sections as required by the Local Government (Planning and Reporting) Regulations 2014 and associated elements of the Local Government Act 1989.

End of financial year results are also publicly released on the Victorian Government’s ‘Know Your Council’ website in November each year. This site provides information on the sector and enables users to benchmark the relative performance of Councils on LGPRF indicators.

Issue / discussion

Maroondah City Council continues to monitor LGPRF indicator results on a quarterly basis for service performance indicators and annually for financial performance and sustainable capacity indicators.

A report that outlines LGPRF service performance indicator results from the second quarter of 2016/17 (1 October 2016 to 31 December 2016) is attached to this Council Report.

All but one of the service indicator measures are within the ‘expected range’ as defined by the framework for this quarter. It is important to note that much of the quarterly data collected will not necessarily reflect or be predictive of annual performance due to phasing of service delivery across the year and seasonal influences.

Maroondah City Council will continue to monitor its performance against LGPRF indicators and report on its performance quarterly to ensure accountability and transparency.

Financial / economic issues

Not Applicable

Environmental / amenity issues

Not Applicable

Social / community issues

Not Applicable

Community consultation

Not Applicable

Conclusion

Council’s second quarter results for LGPRF service performance indicators are presented in the attached report. All but one of the service indicator measures are within the ‘expected range’ as defined by the framework for this quarter. Annual results for the 2016/17 financial year will be published on the Victorian Government ‘Know Your Council’ website in November 2017.

Attachments

1.⇩	LGPRF Service Performance Results - Quarter 2, 2016-17

CONFIDENTIALITY

Not Applicable

RECOMMENDATION

That COUNCIL NOTES THE REPORT ON LOCAL GOVERNMENT PERFORMANCE REPORTING FRAMEWORK SERVICE PERFORMANCE INDICATORS FOR QUARTER 2, 2016/17

DIRECTOR Planning & Community – Phil Turner

Amendment C107 Ruskin Park Neighbourhood Residential Zone	Item 5

Purpose

This report summarises the submissions received following the recent public exhibition of Planning Scheme Amendment C107 (Ruskin Park Neighbourhood Residential Zone). It recommends that Council request the Minister for Planning to appoint an independent panel to consider submissions.

Strategic / policy issues

The following directions contained in Maroondah 2040: Our Future Together and the Council Plan 2013-2017 (Year 4: 2016-2017) provide the strategic framework that underpins the purpose of this report.

Outcome Area: An attractive, thriving and well-built community; A well governed and empowered community.

In 2040, Maroondah will be an empowered community that is actively engaged in Council decision-making through processes that consider the needs and aspirations of all ages and population groups. Council will provide strong and responsive leadership, ensuring transparency, while working with the community to advocate for and ‘champion’ local needs.

Key Directions 2016 – 2017:

6.10 Develop and implement an urban form that enhances the desirable attributes of Maroondah to protect and value ridgelines, vegetation, neighbourhood character, local history, and cultural heritage.

8.1 Provide enhanced governance that is transparent, accessible, inclusive, and accountable.

Background

On 27 June 2016, Council adopted the Maroondah Housing Strategy.

The Strategy contains priority action 5.2c which states:

Prepare a planning scheme amendment for the rezoning of residential land in the Ruskin Park and Wonga Road precincts from GRZ to NRZ.

This action received considerable support from residents during the exhibition of the Housing Strategy, which included the submission of a petition signed by 350 residents welcoming action 5.2c.

At its meeting on 22 August 2016, Council instructed the Director of Planning and Community to seek authorisation from the Department of Environment, Land, Water, and Planning (DELWP) to prepare two amendments, known as Amendment C107 and Amendment C108.

Authorisation of the amendments was approved by DELWP and the public exhibition process for the amendments was carried out in accordance with the provisions of the Planning and Environment Act 1987 and Ministerial Direction No. 15 between 5 November 2016 and 5 December 2016.

Issue / discussion

Consideration of submissions

In total, 31 submissions were received with respect to Amendment C107 as outlined below:

· 10 submissions not supportive;

· 20 submissions supportive; and

· 1 supportive pro forma submission (473 signatories).

A detailed summary of all submissions received and a corresponding written response can be found in Attachment No 1.

Supportive Submissions

Supportive submissions suggested that the Amendment will:

· Reduce further over development;

· Address community concerns about vegetation loss;

· Help preserve the existing character of the area;

· Ensure development is well planned for;

· Prevent congestion in local streets and reduce the amount of car parking within side streets; and

· Prevent damage from occurring to nature strips.

Unsupportive Submissions

Unsupportive submissions suggested:

· The Amendment is not consistent with State Government Planning policy and the Maroondah Housing Strategy

· The site is not in an area of high environmental quality and there is no logical reason to rezone the land to restrict the opportunity for well-designed and diverse housing for the community.

· The Amendment will have an adverse impact on development potential / property values;

· The community consultation process was inadequate / that notification did not take place at the time a petition was circulating the community;

· The views of the community are not all reflective of the Ruskin Park Residents Group; and

· The application of the NRZ3 will have limited impact on the protection of tree canopies and other vegetation as the precinct is already protected by a SLO.

Response

Pursuant to Section 12 (1), (2) and (3) of the Planning and Environment Act 1987, Council is obliged to consider Ministerial Directions, the VPP’s, its MSS and Planning Scheme, the social and economic effects of any proposed amendments.

Responses to the key issues raised by supportive submission are outlined in turn below:

The Amendment will reduce further over development

The proposed rezoning of Ruskin Park and Wonga Road from the General Residential Zone to the Neighborhood Residential Zone would introduce a two dwelling per lot limit for development on sites within the areas affected. Though no minimum lot size is specified for subdivision of affected lots via Schedule 3, this is likely to have some impact on the amount of building stock the precinct can potentially absorb into the future.

The Amendment will address community concern about further vegetation loss

The provisions that apply to vegetation will not be altered by virtue of the proposed rezoning. The proposed rezoning will limit the amount of new dwellings that can be constructed on each site. This is reflective of the established development and neighborhood character of the area. The proposed rezoning to a Neighborhood Residential Zone would see the established character of the area reinforced. From this perspective, the prosed Amendment may have an impact on the retention of vegetation. It should be noted that vegetation is protected by other provisions within the Maroondah Planning Scheme.

The Amendment will help to preserve the existing character of the area

The proposed rezoning will essentially introduce a new 2 dwelling restriction to lots within this precinct. This is reflective of the type of development currently located within the area. As such, the Amendment is likely to see the established characteristics reflected by the land zoning.

The Amendment will ensure development is well planned for

The proposed rezoning will alter the development provisions for the area by specifying a new two dwelling limit per lot and restricting the height of any new buildings and additions to a height of 8 metres, unless specified otherwise by the Neighbourhood Residential Zone. The assessment criteria for residential development will continue to be clauses 54 and 55. The new two dwelling restriction and height limit for development will have impact of the future planning of the area, however, it is important to recognise that the key change is to the amount of new dwellings that can be erected per lot and the height to which the new dwellings and additions can be constructed rather than setback, vegetation and car parking requirements.

The Amendment will prevent congestion in local streets and reduce the amount of car parking within side streets

The car parking requirements for new dwellings and additions to new buildings will continue to be specified by Clause 52.06 (Car Parking) of the Maroondah Planning Scheme. The restriction on the number of dwellings per lot may result in fewer vehicles within the Ruskin Park area into the future.

Responses to the key issues raised by unsupportive submission is outlined in turn below:

The Amendment is not consistent with State Government Planning policy and the Maroondah Housing Strategy

The amendment is consistent with the objectives of the State Planning Policy Framework as follows:

Clause 9 (Plan Melbourne)

The amendment supports the following policy directions in Plan Melbourne:

Direction 2.1 ‘Understand and plan for expected housing needs’ by facilitating appropriate residential development via the imposition of appropriate zoning controls.

Direction 4.2 ‘Protect Melbourne and its suburbs from inappropriate development’ by ensuring land is zoned appropriately and in accordance with Council’s Housing Strategy.

Direction 4.5 ‘Make the city greener’ by limiting the extent of permissible development within the study area and applying zoning controls which promote a lower density of development.

Direction 5.1 ‘Use the City Structure to drive sustainable outcomes in managing growth’ by imposing zoning which reflects the needs of the municipality as determined by Council’s Housing Strategy.

The Amendment acts on a key direction contained within Council’s Housing Strategy and the Minister’s encouragement for Council to address the communities concern with respect to uncoordinated, small scale infill development that is resulting in suboptimal outcomes for the community in the subject area.

The Housing Strategy does not identify the area as being a preferred location for infill development and suggests the municipality will be able to meet its housing demands by channelling infill development into other areas, particularly activity centres, which are well serviced by public transport, community facilities and a variety of other services and amenities.

The site is not in an area of high environmental quality and there is no logical reason to rezone the land to restrict the opportunity for well-designed and diverse housing for the community.

The application of the Neighbourhood Residential Zone will address environmental, social

and economic effects by ensuring development within the bounds of the study area are

appropriate and responsive to the established characteristics and anticipated needs of the

area.

The Amendment will have an adverse impact on development potential / property values within the area

The proposed rezoning will restrict land in the area from being developed to more than two dwellings per lot. Where the lot size is large enough to accommodate more than two dwellings while complying with the requirements of Clause 55 of the Maroondah Planning Scheme, it is not unreasonable to suggest the proposed change to the land zoning will have an adverse impact on the development potential and therefore speculated value of sites affected by the changes. This is an important consideration that must be balanced against the desire to see the existing valued attributes of the area retained. Furthermore, property values are not generally considered to be valid planning grounds to object to a proposal.

The community consultation process was inadequate/ concern expressed that notification did not take place at the time a petition was circulating the community

The community consultation, otherwise known as the Exhibition stage of the amendment process, was carried out in accordance with the requirements specified in both the Planning and Environment Act 1987 and Ministerial Direction 15.

Several submitters expressed concern that the process followed was undemocratic, ultra vires and an absolute abuse of power and procedural fairness. It is noted that Council followed the statutory processes set down by the relevant legislation.

The views of the community are not all reflective of the Ruskin Park Residents Group

Notwithstanding the Ruskin Park Residents Group has been an advocate for the proposed changes, the exhibition process is conducted to ensure Council considers the broader views of the public, more specifically the views of owners and occupiers of land affected by the proposed changes. The owners and occupiers of all affected properties were notified as part of the exhibition process. This report is a summation of the broader views of the community and will be used to assist in making decisions relating to how the proposal should be progressed.

The application of the NRZ3 will have limited impact on the protection of tree canopies and other vegetation as the precinct is already protected by a SLO

The proposed rezoning is intended to restrict the amount of dwellings that can be constructed per lot and will also limit the height of new development and additions within the affected areas. Though greater retention of vegetation may be an indirect consequence of the proposed changes, the application of the Neighbourhood Residential Zone is not intended to alter the requirements for vegetation protection in this area.

Financial / economic issues

The costs associated with the preparation and implementation of the Amendment will be met through the existing Council budget.

Environmental / amenity issues

Environmental and amenity issues were carefully considered during the preparation of the Amendments. They will continue to form part of Council’s considerations as the Amendment application progresses.

Social / community issues

Conclusion

A broad range of views have been expressed by members of the community during the Exhibition period for Amendments C107, conducted between 5 November 2016 and 5 December 2016. It is recommended that the submissions received be referred to a Panel for further evaluation. It is thus recommended that Council request the Minister for Planning appoints an independent Panel to consider all submissions received. No changes are required to the amendments.

Attachments

1.⇩	Attachment 1 for Council Report C107 - Submissions received

CONFIDENTIALITY

Not Applicable

RECOMMENDATION

That council

1. requests the minister for planning appoint an independent panel to consider submissions received

2. Informs submitters that an independent panel is to be appointed

ATTACHMENT No: 1 - Attachment 1 for Council Report C107 - Submissions received

Item 5

Submission No.	Issues	Response	Action
1	The submission supports the amendment. The amendment will prevent further overdevelopment from occurring within Ruskin Park. The project addresses the issues identified by the Ruskin Park Residents Action Group.	Noted.	Refer to Panel.
2	The submission supports the amendment. The amendment will address community concerns relating to over development of local land allotments, address traffic congestion and result in the retention of the neighbourhood character and streetscape.	Noted.	Refer to Panel.
3	The submission does not support the amendment. Opposes the amendment on the basis that the land located at 28 Timms Avenue was purchased with the intention of future development into three town houses. The amendment is not supported as it would prevent the site from being developed into more than two town houses.	Noted.	Refer to Panel.
4	The submission supports the amendment. The area is being over developed. This is compromising the valued characteristics.	Noted.	Refer to Panel.
5	The submission does not support the amendment. Opposes the amendment on the following basis: · Community consultation process is inadequate and flawed · Ruskin Park Resident Action Group’s views do not reflect the broader views of the community · Two dwelling limitation resulting from the amendment will have no impact given the areas is made up of large blocks. · Rezoning would have financial implications for property owners	Noted. The exhibition process related to planning scheme amendments is stipulated by the Planning and Environment Act 1987 and Ministerial Direction No. 15. The formal exhibition process is the process undertaken to ascertain the views of the community. As such, the broader views of the community are currently being considered.	Refer to Panel.
6	The submission does not support the amendment. Opposes the amendment on the basis that the development potential of the land will be adversely affected by the proposed rezoning and no compensation would be awarded to people, more specifically those with disabilities.	Noted.	Refer to Panel.
7	The submission does not support the amendment. Opposes the amendment on the basis the existing planning controls are satisfactory in protecting the valued attributes of the area and the development potential will be unnecessarily constrained.	Noted.	Refer to Panel.
8	The submission does not support the amendment. Opposes the amendment on the basis that the Ruskin Park Residents Group’s views do not reflect the views of the broader community and that the loss in land value has significant impacts for home owners and their children.	The exhibition process for planning scheme amendments is stipulated by the Planning and Environment Act 1987 and Ministerial Direction No. 15. The formal exhibition process is the process undertaken to ascertain the views of the community. As such, the broader views of the community are currently being considered.	Refer to Panel.
9	The submission supports the amendment. The proposed amendment is considered appropriate on the basis that it will ensure the objectives of Clause 22.02 can be achieved.	Noted.	Refer to Panel.
10	The submission supports the amendment. The area is valued for its existing character, trees and open space. Overdevelopment is compromising the valued characteristics of the area. Additional controls are required to protect the area.	Noted.	Refer to Panel.

ATTACHMENT No: 1 - Attachment 1 for Council Report C107 - Submissions received

Item 5

11	The submission supports the amendment. Value area for its existing character, trees and open space. Overdevelopment is compromising the valued characteristics of the area. Additional controls are required to protect the area.	Noted.	Refer to Panel.
12	The submission supports the amendment. Value area for its existing character, trees and open space. Overdevelopment is compromising the valued characteristics of the area. Additional controls are required to protect the area.	Noted.	Refer to Panel.
13	The submission does not support the amendment. Purchased property as an investment. Intended to development the site with 3+ dwellings. Proposed changes are not supported given they would limit development potential of the subject site.	Noted.	Refer to Panel.
14	The submission supports the Amendment. The amendment will serve to assist in retaining the valued characteristics of the area, including trees. Concerns are expressed regarding perceived recent over development reflected by removed overdevelopment and difficulty parking within streets.	Noted.	Refer to Panel.

15	The submission supports the Amendment. The amendment will serve to assist in retaining the valued characteristics of the area. Concerns are expressed regarding perceived recent over development. Submission identifies development as being poorly planned within the study area.	Noted.	Refer to Panel.
16	The submission does not object to the Amendment. CFA notes that area is not affected by a BMO or BPA area. CFA highlights that the planning scheme amendment will have no impact in terms of increasing the risk of bushfire to the local area.	Noted.	Refer to Panel.
17	The submission does not support the Amendment. The NRZ3 zoning is inappropriate given the established characteristics of the area. The application of the NRZ3 will have limited impact on the protection of tree canopies and other vegetation as the precinct is already protected by a SLO. Maroondah 2040 provides a good strategy for the area. The provisions contained in Clause 54 and Clause 55 are sufficient for the purpose of limiting inappropriate development. It is suggested to exempt any property directly on an RDZ1 from the amendment given they have a different character to properties within the residential hinterland area.	Noted.	Refer to Panel.
18	The submission supports the Amendment. Concerns expressed about increased levels of development and quality of development within the precinct.	Noted.	Refer to Panel.
19	The submission does not support the Amendment. The proposed amendment will reduce the value of the property. The property was intended to be used for the purpose of funding the retirement home plans for the residents, an elderly couple, who own the property.	Noted.	Refer to Panel.
20	The submission supports the amendment. Amendment is supported on the basis that it will assist in preserving old trees and prevent further over development of properties in this precinct. Ruskin Park has absorbed its share of growth and limiting further growth will prevent degradation of the area.	Noted.	Refer to Panel.
21	The submission supports the amendment. Concerns expressed with respect to overdevelopment. Overdevelopment considered to be reflected by congestion within streets, additional vehicular parking, and a loss of trees in streets.	Noted.	Refer to Panel.
22	The submission supports the amendment. Purchased property based on the character of the area and optimised on the character of the area through garden and house design. The proposed amendment will assist in retaining this characteristic of the area. The area is being compromised by over development which is reflected in more vehicle congestion in side streets and a loss of canopy trees.	Noted.	Refer to Panel.

ATTACHMENT No: 1 - Attachment 1 for Council Report C107 - Submissions received

Item 5

The submission supports the amendment.

Updated zoning is considered appropriate as it reflects the objectives outlined elsewhere in the Maroondah Planning Scheme.

The updated zoning will improve the ability of residents to object to planning permit applications and protect the area.

The area has been absorbing more infill development and the area is consequently being compromised. This is problematic given the impact the intensified development is having with respect to canopy trees and the character of the area.

Noted.

Refer to Panel.

The submission supports the amendment.

Council and local residents need more say over the density, scale and character of new developments.

The changes will limit the amount of additional cars parked in streets and reduce the amount of vehicular traffic.

Council needs to encourage a diversity of one and two storey dwellings

Redevelopment of the area will contribute to climate change given it will result in a loss of trees

Residents moved to the area for its existing characteristics and would like to see them preserved.

Noted.

Refer to Panel.

The submission supports the amendment.

The area is being overdeveloped.

Over development is resulting in streets becoming congested and nature strips being damaged as a result of vehicular parking

Excessive car parking occurs in Farnley Street, between Carlyle Street and Bond Court. This is a product of the zoning permitting excessive infill development.

Ruskin Park has already absorbed sufficient infill development.

Noted.

Refer to Panel.

The submission supports the amendment.

The site was purchased as a development site.

The proposed changes will impact the value of the property.

More consultation should have taken place.

The views of the Ruskin Park group are not reflective of the entire community.

Overdevelopment is not occurring within Ruskin Park. It is ideally located to absorb infill development.

Noted.

Refer to Panel.

ATTACHMENT No: 1 - Attachment 1 for Council Report C107 - Submissions received

Item 5

27	The submission supports the Amendment. The amendment is necessary to prevent further over development of the area from occurring. The NRZ will prevent the precinct from absorbing further infill development that is adversely impacting the valued characteristics of the area Development provisions need to be updated to limit the amount of units being constructed in the area	Noted.	Refer to Panel.
28	The submission supports the Amendment.	Noted.	Refer to Panel.
29	The submission supports the Amendment. The proposal will prevent further over development and traffic/ vehicular congestion	Noted.	Refer to Panel.
30	Represents a number of land owners objecting to the Amendment Amendment appears to ignore State Government planning policies and issues raised in Plan Melbourne Discussion paper Amendment does not adequately respond to the policy intent of the Maroondah Housing Strategy. It is understood that the proposed amendment results from requests of some residents, however it is not accepted that representations from local residents should override the logical overall strategic considerations. The site is not in an area of high environmental quality and there is no logical reason to rezone the land to restrict the opportunity for well designed and diverse housing for the community.	Noted	Refer to Panel.

No.

Submitter

Pro Forma A

This pro forma submission supports the amendment and incorporates 473 signatories.

It notes the following:

“The Ruskin Park area has seen too many developments occurring in an uncoordinated manner. This is having an adverse impact on the area.

The amendment will assist in ensuring the green, leafy and tree lined character of the amendment is maintained and ensure the residents needs are considered when development applications are being considered.”

DIRECTOR Planning & Community – Phil Turner

Amendment C108 Wonga Road Neighbourhood Residential Zone	Item 6

Purpose

This report summarises submissions received following the recent public exhibition of Planning Scheme Amendment C108 (Wonga Road Neighbourhood Residential Zone). It recommends that Council request the Minister for Planning to appoint an independent panel to consider submissions.

Strategic / policy issues

The following directions contained in Maroondah 2040: Our Future Together and the Council Plan 2013-2017 (Year 4: 2016-2017) provide the strategic framework that underpins the purpose of this report.

Outcome Area: An attractive, thriving and well-built community; A well governed and empowered community.

Key Directions 2016 – 2017:

8.1 Provide enhanced governance that is transparent, accessible, inclusive, and accountable.

Background

On 27th June 2016, Council adopted the Maroondah Housing Strategy.

The Strategy contains priority action 5.2c which states:

Prepare a planning scheme amendment for the rezoning of residential land in the Ruskin Park and Wonga Road precincts from GRZ to NRZ.

This action received considerable support from local residents during the exhibition of the Housing Strategy, which included the submission of a petition signed by 350 residents welcoming action 5.2c.

At its meeting on 22 August 2016, Council instructed the Director of Planning and Community to seek authorisation from the Department of Environment, Land, Water and Planning (DELWP) to prepare two amendments, known as Amendment C107 and Amendment C108.

Authorisation of the amendment was approved by DELWP and the Exhibition process was carried out in accordance with the provisions of the Planning and Environment Act 1987 and Ministerial Direction No. 15 between 5 November 2016 and 5 December 2016.

Issue / discussion

Consideration of submissions

In total, 12 submissions were received with respect to Amendment C108 as outlined below:

· 1 supportive pro forma submission (6 signatories);

· 1 supportive pro forma submission (11 signatories);

· 6 supportive submissions;

· 1 non supportive pro forma submission (15 signatories); and

· 3 non supportive submissions.

A detailed summary of all submissions received and a written response can be found in Attachment No 1.

Supportive Submissions

Supportive submissions suggested that the Amendment will:

· Prevent further over development;

· Address community concern about the demise of vegetation;

· Result in the existing character of the area being preserved;

· Ensure development is well planned for the affected areas; and

· Prevent congestion in the streets and reduce the amount of car parking within side streets (most particularly Farnley Street, between Carlyle Street and Bond Court).

Unsupportive Submissions

Unsupportive submissions suggested that:

· The Amendment will have an adverse impact on development potential/ property value of land within the area;

· The community consultation process was inadequate / concern expressed that notification did not take place at the time a petition was circulating the community;

· The views of the minority are being projected as a majority opinion/ community are not all reflective of all;

· The application of the NRZ3 will have limited impact on the protection of tree canopies and other vegetation as the precinct is already protected by a SLO;

· Concerns are expressed that the Minister for Planning made comments and decisions without consulting the public. As such, the process undertaken is criticized for being undemocratic; and

· The Amendment is ultra vires.

Response

Responses to the key issues raised by supportive submission are outlined in turn below:

The Amendment will prevent further over development

The proposed rezoning from the General Residential Zone to the Neighbourhood Residential Zone would introduce a two dwelling per lot limit for development on sites within the areas affected. Though no minimum lot size is specified for subdivision of affected lots via Schedule 3, this is likely to have some impact on the amount of building stock the precinct can potentially absorb into the future.

The Amendment will address community concern about the demise of vegetation

The provisions that apply to vegetation will not be altered by virtue of the proposed rezoning. The proposed rezoning will limit the number of new dwellings that can be constructed on each site. This is reflective of the established development and neighborhood character of the area. The proposed rezoning to Neighbourhood Residential Zone would see the established character of the area reinforced. From this perspective, the Amendment may have an impact on the retention of vegetation. It should be noted that vegetation is protected by other provisions within the Maroondah Planning Scheme.

The Amendment will result in the existing character of the area being preserved

The Amendment will ensure development is well planned for the affected areas

The proposed rezoning will alter the development provisions for the area by specifying a new two dwelling limit per lot and restricting the height of any new buildings and additions to a height of 8 meters, unless specified otherwise by the Neighbourhood Residential Zone. The assessment criteria for residential development will continue to be clauses 54 and 55. The new two dwelling restriction and height limit for development will have impact of the future planning of the area, however, it is important to recognize that the key change is to the number of new dwellings that can be erected per lot and the height to which the new dwellings and additions can be constructed rather than setback, vegetation and car parking requirements.

The Amendment will prevent congestion in the streets and reduce the amount of car parking within side streets (most particularly Farnley Street, between Carlyle Street and Bond Court)

Responses to the key issues raised by unsupportive submissions are outlined in turn below:

The Amendment will have an adverse impact on development potential / property value of land within the area

The proposed rezoning will restrict land in the area from being developed to more than two dwellings per lot. Where the lot size is large enough to accommodate more than two dwellings while complying with the requirements of Clause 55 of the Maroondah Planning Scheme, the proposed change to the land zoning will have an adverse impact on the development potential and therefore speculated value of sites affected by the changes. This is an important consideration that must be balanced against the desire to see the existing valued attributes of the area retained.

The community consultation process was inadequate / concern expressed that notification did not take place at the time a petition was circulating the community

The community consultation, otherwise known as the Exhibition stage of the amendment process, was carried out in accordance with the requirements specified in both the Planning and Environment Act 1987 and Ministerial Direction 15.

The views of the minority are being projected as a majority opinion/ community are not all reflective of all

The exhibition process is conducted to ensure Council considers the broader views of the public, more specifically the views of owners and occupiers of land affected by the proposed changes. The owners and occupiers of all affected properties were notified as part of the exhibition process. This report is a summation of the broader views of the community and will be used to assist Council, Panel and Minister in making decisions relating to how the proposal should be progressed.

The application of the NRZ3 will have limited impact on the protection of tree canopies and other vegetation as the precinct is already protected by a SLO

The proposed rezoning is intended to restrict the number of dwellings that can be constructed per lot and will also limit the height of new development and additions within the affected areas. Though the greater retention of vegetation may be an indirect consequence of the proposed changes, the application of the Neighbourhood Residential Zone is not intended to alter the requirements for vegetation protection in this area.

Concerns are expressed that the Minister for Planning made comments and decisions without consulting the public. As such, the process undertaken is criticized for being undemocratic / the Amendment is ultra vires

The Amendment is not ultra vires and is in line with the provisions of the Planning and Environment Act (1987) and Ministerial Direction No. 15.

Financial / economic issues

The costs associated with the preparation and implementation of the Amendment will be met through the existing Council budget.

Environmental / amenity issues

Environmental and amenity issues were carefully considered during the preparation of the Amendment. They will continue to form part of Council’s considerations as the Amendment progresses.

Social / community issues

Environmental and amenity issues were carefully considered during the preparation of the Amendment. They will continue to form part of Council’s considerations as the Amendment progresses.

Conclusion

A broad range of views have been expressed by members of the community during the Exhibition period for Amendment C108, conducted between 5 November 2016 and 5 December 2016. It is therefore recommended that Council request the Minister for Planning appoints an independent Panel to consider all submissions received.

Attachments

1.⇩	Attachment 1 Council Report Amendment C108 - Submissions received

CONFIDENTIALITY

Not Applicable

RECOMMENDATION

That Council

1. requests the minister for planning to appoint an independent panel to consider submissions receiveD for Amendment C108

2. Informs submitters that an independent panel is to be appointed

ATTACHMENT No: 1 - Attachment 1 Council Report Amendment C108 - Submissions received

Item 6

Submission No.	Issues	Response	Action
1	The submission does not support the amendment. Concerns are expressed that the proposal is a product of a small group of people petitioning with respect to the property located at 25 Wonga Road. The views of a few are being held as the views of the majority when this is not the case. The submitter has been advised that the proposal will have a substantial impact on their property value by a solicitor and several real estate agents. Expresses concern that notification did not take place at the time a petition was circulating the community. Requested clarification regarding the proposal, specifically with regard to phrases and terminology used within the amendment documentation and the minimum lot size. Would like to know what the practical effect of the changes are as the submitter is under the impression the changes are not clear. The submitter has requested a copy of the petition and all its signatories. Submissions noted as being from people with small landholdings not suitable for subdivision. Concerns are expressed that the minister for planning made comments and decisions without consulting the public. This is suggested as being undemocratic.	Noted.	Refer to Panel.
2	The submission does not support the Amendment. The action undertaken with respect to the project is broadly ultra vires, an absolute abuse of power and of procedural fairness. As such, it is not within the scope of Panel hearings or VCAT and may be judicially reviewable with wide ranging consequences and equitable remedies.	Noted. The Amendment is not ultra vires. Please refer to the Planning and Environment Act 1987 and Ministerial Direction No.15.	Refer to Panel.
3	The submission supports the Amendment. VCAT has previously acknowledged the area affected by the amendment has a special character The rezoning will provide clearer guidance for developers and limit overdevelopment.	Noted.	Refer to Panel.
4	The submission does not support the Amendment. The proposed rezoning will limit the development potential of the land. The site was intended to be developed to secure the financial futures of the existing residents.	Noted.	Refer to Panel.
5	The submission supports the Amendment. Would like to see both sides of Wonga Road affected by the same zone. VCAT has previously supported the notion that the areas character is better reflected in the NRZ and that there are no distinguishing factors to suggest different sides of the street should be located in different zones. Concerns are expressed by the manner in which Carter Real Estate notified people of the changes to their properties.	Noted.	Refer to Panel.

ATTACHMENT No: 1 - Attachment 1 Council Report Amendment C108 - Submissions received

Item 6

6	The submission supports the Amendment. The amendment will assist in maintaining the unique character of the area The proposed zoning will provide clarity with respect to what is and is not considered appropriate in terms of development within the area This will prevent development applications escalating to VCAT. If applications don’t go to VCAT, residents and council will not have to spend hours resolving disputes.	Noted.	Refer to Panel.
7	The submission supports the Amendment. The amendment will assist in maintaining the unique character of the area. The proposed zoning will provide clarity with respect to what is and is not considered appropriate in terms of development within the area This will prevent development applications escalating to VCAT. If applications don’t go to VCAT, residents and council will not have to spend hours resolving disputes.	Noted.	Refer to Panel.
8	The submission supports the amendment. The proposed changes will ensure the existing zoning anomaly will be rectified. The amendment will prevent high rise development around Ringwood North shops.	Noted.	Refer to Panel.
9	The submission supports the amendment. The proposed changes will ensure the existing zoning anomaly will be rectified. The amendment will prevent high rise development around Ringwood North shops.	Noted.	Refer to Panel.

No.	Submitter
Pro Forma A	The submission does not support the Amendment and incorporates 15 signatories. It states the following: 1. “The rezoning of the area will have a substantial impact on property values. 2. The parties who presented council and the parliament with this proposal have had significantly more time than submitters to develop their ideas into arguments. The timeframes permitted for submissions to be made are not sufficient. 3. The process followed is undemocratic. A request was made that the exhibition period be extended until March 2017 to rectify this problem. 4. Concerns are held with respect to the minister for planning’s statement that he would expedite any request of this nature as doing so shows little regard for the democratic rights of the populous.”
Pro Forma B	The submission supports the Amendment and incorporates 6 signatories. The submission suggests the single storey height restriction of lots 1- 7 Delaware Mews should be applied to adjoining sites as part of this amendment process.
Pro Forma C	The submission supports the Amendment and incorporates 11 signatories. Support is provided on the basis that it will preserve the distinctive neighbourhood character elements of the area.

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DIRECTOR Corporate Services – Marianne Di Giallonardo

Attendance Report	Item 1