2014 Maroondah Logo RGB.jpg

 

 

Councillor

(as addressed)

 

 

The next Council Meeting will be held in the Council Chamber Realm, on Monday 20 March 2023, commencing at 7:30pm and your presence is requested.

 

 

Yours faithfully

SKozlows.jpg

 

Steve Kozlowski

CHIEF EXECUTIVE OFFICER

 

Note:

This meeting is being streamed live on the internet and recorded.

Every care is taken to maintain privacy and attendees are advised they may be recorded.

 

This meeting of Council can be viewed on Council’s website via:

https://www.maroondah.vic.gov.au/Live-Council-Meetings

 

 

Logo2

Council Chamber
is fitted with a Hearing Aid Induction Loop

 

Switch Hearing Aid to ‘T’ for Reception

 

Realm

179 Maroondah Hwy, Ringwood, 3134

Postal

PO Box 156, Ringwood 3134

DX 38068, Ringwood

Telephone

1300 88 22 33

 

 

Facsimile

Email

Web

 

Service Centres

Translating and Interpreting Service (TIS): 131 450

National Relay Service (NRS): 133 677

(03) 9298 4345

maroondah@maroondah.vic.gov.au

www.maroondah.vic.gov.au

 

Croydon: Civic Square, Croydon 3136

Realm: 179 Maroondah Hwy, Ringwood 3134

 


 


ORDER OF BUSINESS

1.       Prayer and Councillor Pledge

2.       Acknowledgment of Country

3.       Apologies

4.       Declaration of Interests

5.       Confirmation of Minutes of the Ordinary Council Meeting held on Monday 20 February 2023.

6.       Public Questions

7.       Officers’ Reports

Chief Financial Officer

1.       Attendance Report                                                                                                    4

2.       Reports of Councillor Briefings                                                                                 6

3.       Councillor Representation Reports                                                                          8

4.       Amending Council Meeting Schedule 2022/2023                                                  10

5.       Report of Audit and Risk Committee Meeting                                                        13

6.       Proposed Motions for MAV State Council Meeting - 19 May 2023                       16

Director Assets & Leisure

1.         Community Facilities Lease Agreement for the German Shepherd

Dog Club of Victoria - Eastern Branch                                                                   19

2.       Maroondah Tennis Strategy                                                                                   22

3.       Norwood Park Enhancement Plan                                                                         25

4.       Woodland Park Enhancement Plan                                                                       30

Director Strategy & Development

1.       Draft Community Local Law 2023                                                                          36

2.       Minimum Standards for Canopy Tree Provision                                                    41

8.       Documents for Sealing

9.       Motions to Review

10.     Late Items

11.     Requests for Leave of Absence

 

 


 

Chief Financial Officer Tony Rocca

Attendance Report

Item 1

 

Purpose

To provide an opportunity for Councillors to report on Council activities undertaken since the last Ordinary Meeting of Council and forthcoming ward activities.

Strategic / policy issues

The following directions contained in Maroondah 2040: Our Future Together and the Council Plan 2021-2025 (Year 2: 2022-2023) 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 actively engaged in local decision making, led by an innovation community inspired Council that collaborates regionally and proactively champions local needs.

Key Directions 2021 – 2025:

8.1     Provide community inspired governance that is transparent, accessible, inclusive and accountable

Background

Not Applicable

Issue / discussion

It is intended that the Mayor and Councillors be given the opportunity to present a verbal or written report updating Council on the activities they have undertaken since the last Ordinary Meeting of Council on the 20 February 2023 in their role as Councillors and forthcoming ward activities.

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 formally report to Council upon the activities they have undertaken in their role as Councillors.

 

 

Attachments

Not Applicable

CONFIDENTIALITY

Not Applicable

RECOMMENDATION

That COUNCIL RECEIVES AND NOTES THE REPORTS AS PRESENTED BY COUNCILLORS

 


 

Chief Financial Officer Tony Rocca

Reports of Councillor Briefings

Item 2

 

Purpose

To present the ‘Public Record’ of those Councillor Briefings which are attended by Councillors and generally held on Monday evenings at Realm, usually two weeks prior to the formal Council Meeting, and to note the issues discussed.

Strategic / policy issues

The following directions contained in Maroondah 2040: Our Future Together and the Council Plan 2021-2025 (Year 2: 2022-2023) 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 actively engaged in local decision making, led by an innovation community inspired Council that collaborates regionally and proactively champions local needs.

 

Key Directions 2021 – 2025:

8.1     Provide community inspired governance that is transparent, accessible, inclusive and accountable

Background

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, Councillor Briefings are conducted. 

 

Councillor Briefings 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.

 

A Councillor Briefing is a non-decision-making forum, and as per past good governance practice, is deemed to be a scheduled or planned meeting comprising a majority of Councillors (at least 5) and one (1) Council employee, for the purpose of discussing 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 a Councillor Briefings may include:

 

·        On-site inspections,

·        Consultative Meetings with residents, developers, consultants

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

Issue / discussion

Councillor Briefings are generally held twice a month, on Monday evenings at Realm, usually two (2) weeks prior to, and on the night of a formal Council meeting.

 

The intent of this report is to present a ‘Public Record’ of those Councillor Briefings which are generally attended by all Councillors and typically held on Monday evenings, and to note the items discussed. 

 

The ‘Public Record’ of the Councillor Briefings held on the 20 February 2023 and 6 March 2023 are attached for information.

Financial / economic issues

Not Applicable

Environmental / amenity issues

Not Applicable

Social / community issues

Not Applicable

Community consultation

Not Applicable

Conclusion

Councillor 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 Councillor Briefings, 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 Councillor Briefings, which are attended by a majority of Councillors, i.e. at least five (5) Councillors and one (1) employee of Council, be noted.

 

 

Attachments

1.

2023 February 20 - Councillor Briefing Public Record

2.

2023 March 06 - Councillor Briefing Public Record

 

CONFIDENTIALITY

Not Applicable

RECOMMENDATION

THAT COUNCIL RECEIVES AND NOTES THE PUBLIC RECORD OF THE COUNCILLOR BRIEFINGS HELD ON THE 20 FEBRUARY 2023 AND 6 MARCH 2023

 


 

Chief Financial Officer Tony Rocca

Councillor Representation Reports

Item 3

 

Purpose

To receive and note the meeting minutes of the following committees:

·                Eastern Transport Coalition held on 16 February 2023

·                Maroondah Environment Advisory Committee held on 15 November 2022

Strategic / policy issues

The following directions contained in Maroondah 2040: Our Future Together and the Council Plan 2021-2025 (Year 2: 2022-2023) 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 actively engaged in local decision making, led by an innovation community inspired Council that collaborates regionally and proactively champions local needs.

 

Key Directions 2021 – 2025:

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 Dib as Council’s Representative with Cr Damante as Substitute Representative on the Eastern Transport Coalition.

 

Crs Graham, Macdonald and Stojanovic are Council’s Representatives on the Maroondah Environment Advisory Committee for the 2021/2022 Councillor representation term.

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.

2023 February 16 - Eastern Transport Coalition Draft Minutes

2.

2022 November 15 - Maroondah Environment Advisory Committee Meeting Minutes

 

CONFIDENTIALITY

Not Applicable

RECOMMENDATION

That COUNCIL RECEIVES AND NOTES MINUTES OF the following committees

1.       EASTERN TRANSPORT COALITION HELD ON 16 February 2023

2.       MAROONDAH ENVIRONMENT ADVISORY COMMITTEE HELD ON 15 November 2022

 


 

Chief Financial Officer Tony Rocca

Amending Council Meeting Schedule 2022/2023

Item 4

 

Purpose

To amend the Council Meeting Schedule for 2022/2023 in line with Council’s practice of one Council meeting per month, which is usually held on the third Monday, dependent upon Public Holidays and other Council commitments. The change of Council Meeting date has been facilitated as a result of the final dates of the Australian Local Government Association (ALGA) National Assembly 2023 having been finalised.

Strategic / policy issues

The following directions contained in Maroondah 2040: Our Future Together and the Council Plan 2021-2025 (Year 2: 2022-2023) 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 actively engaged in local decision making, led by an innovative community inspired Council that collaborates regionally and proactively champions local needs.

Key Directions 2021 – 2025:

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

Background

Council, at its meeting on 21 November 2022, set the Council Meeting Schedule for December 2022 through to December 2023 including the meeting date for the Statutory Meeting of Council with the election of the Mayor and Deputy Mayor.

 

Planning for this schedule takes into consideration the timeframes for adoption of the Council Plan and Budget along with any public holidays that may fall on a Monday.

Issue / discussion

Since the adoption of the Council Meeting Schedule 2022/2023, it is now necessary to amend the June Council Meeting and the November Statutory Council Meeting. The review of the June Council meeting date takes into consideration the confirmed dates for the ALGA National General Assembly.

 

Meeting

Original date

Proposed new date

ALGA

Sunday 18 June to Wednesday 21 June

Tuesday 13 June to Friday 16 June

 

Council Meeting

Monday 26 June

 

Monday 19 June

Mayoral Election (Statutory Meeting)

Wednesday 15 November

Wednesday 8 November

 

 

Financial / economic issues

Not Applicable

Environmental / amenity issues

Not Applicable

Social / community issues

Not Applicable

Community consultation

Not Applicable

Conclusion

At the time of the adoption of the Council Meeting Schedule for 2022/2023, the set dates were in line with Council’s projected timelines, taking into consideration public holidays and other Council commitments. Since that time, there has been a need for review of the June Council Meeting date to take into consideration the confirmed dates for the ALGA National General Assembly. Additionally, a change to the November Statutory Council Meeting date to be brought forward by one week.

 

 

Attachments

Not Applicable

CONFIDENTIALITY

Not Applicable


 

 

RECOMMENDATION

That the 2022/2023 Council Meeting schedule, as adopted by Council on 21 November 2022, be amended as follows:

1.       The council meeting that had been scheduled for Monday 26 June 2023 be brought forward to monday 19 june 2023

2.       the Statutory council meeting that had been scheduled for Wednesday 15 November be brought forward to Wednesday 8 November 2023

3.       New Council Meeting DATES 2022/2023

Month

Day

Date

Time

APRIL

Monday

17

7:30pm

MAY

Monday

15

7:30pm

JUNE

Monday

19*

(includes adopting Budget & Council Plan)

7:30pm

JULY

Monday

17

7:30pm

AUGUST

Monday

28

7:30pm

SEPTEMBER

Monday

18

7:30pm

OCTOBER

Monday

23

(which includes adoption of Annual Report)

7:30pm

NOVEMBER

Wednesday

8*

Statutory Meeting - Election of Mayor

& Deputy Mayor

7:30pm

NOVEMBER

Monday

20

7:30pm

DECEMBER

Monday

11

7:30pm

* notes new dates

 


 

Chief Financial Officer Tony Rocca

Report of Audit and Risk Committee Meeting

Item 5

 

Purpose

To report to Council on the outcomes of the Audit and Risk Committee Meeting held on 20 February 2023.

Strategic / policy issues

The following directions contained in Maroondah 2040: Our Future Together and the Council Plan 2021-2025 (Year 2: 2022-2023) 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 actively engaged in local decision making, led by an innovative community inspired Council that collaborates regionally and proactively champions local needs.

Key Directions 2021 – 2025:

8.1     Provide community inspired 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     Nurture a continuous improvement council culture of being collaborative, strategic,         sustainable and employing best practice, that positions Maroondah as a leader in local          government

Priority Action 2022-2023:

Not applicable

Background

The Local Government Act 2020 prescribes that Council must establish an Audit & Risk Committee and that such Committee will be advisory in nature. The Audit & Risk 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.

 

Council’s Audit and Risk Committee consists of both Council and external representatives. Mayor Cr Rob Steane, and Cr Mike Symon, are the nominated Councillors on the Committee. The external members are Dr John Watson (chair), Mr Bruce Potgieter and Mr Michael Ulbrick. Cr Kylie Spears attended the meeting on the 20 February 2023 as an observer.

 

The Audit and Risk 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 Committee of the meeting held on Monday 20 February 2023.

 

 

 

Many items on the agenda are regular reports such as the CEO’s Report which covers state-wide integrity agencies activity and report findings, Council’s Internal Audit Progress Report, quarterly Finance Report, Risk and Insurance Report, Internal Audits Actions Register, Local Government Act Implementation Update and sector related agencies reports.

Issue / discussion

Details associated with some of the regular reports as well as other specific items considered by the Audit and Risk Committee are noted below:

·        Internal Audit Reports were presented to the Committee. Those reports were for:

-        Internal Audit Status Report - provides audits undertaken and upcoming audits and their status as at February 2023;

·        The Internal Audit Actions Register for the period ending 31 December 2022 noting that status of actions arising from recent internal audits.

-        The Committee endorsed progress made by Council regarding implementation of internal audit recommendations.

·        Internal Auditors HLB Mann Judd provided an update of the Internal Audit Program and noted forthcoming audits planned during the remainder of 2022/23. An issues paper was also tabled that outlined general sector guidance and trends.

·        The Finance Report for the second quarter of the 2022/23 financial year ending 31 December 2022 was discussed.

·        A Risk and Insurance Report for the period ending 31 December 2022 was tabled noting the organisation’s current operational and strategic risks and the controls that are in place to mitigate those risks. The report provided details on Council’s strategic risk outlook, organisational risk profile, organisational risk trends and priorities, and statistics relating to insurance and claims matters for the past quarter.

·        A Chief Executive Officer Report highlighted sector updates of interest related to local government integrity and risk management. The Report provided an update on recent local government sector outcomes from IBAC and the Local Government Inspectorate; the status of Council’s Local Government Defined Benefits Superannuation Scheme; an update on Federal Election commitments; and impacts arising from Level Crossing Removal Projects.

The Committee was complimentary of Council and its management regarding the continued high standard of integrated financial, audit and risk management leadership.

Financial / economic issues

Council’s current budget provides for the operation of the Audit and Risk Committee, the completion of an Internal Audit Program and associated duties and responsibilities to ensure the organisation is actively and effectively managing its risks.

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 and Risk Committee meeting held on 20 February 2023 in accordance with transparency and accountability principles. The report illustrates that Council has a high level of maturity in managing and mitigating its risks.

 

 

Attachments

Not Applicable

CONFIDENTIALITY

Not Applicable

RECOMMENDATION

That COUNCIL RECEIVES AND NOTES THE REPORT FROM THE AUDIT & RISK COMMITTEE MEETING HELD ON 20 FEBRUARY 2023

 


 

Chief Financial Officer Tony Rocca

Proposed Motions for MAV State Council Meeting - 19 May 2023

Item 6

 

Purpose

To consider three (3) motions for submission to the Municipal Association of Victoria (MAV) State Council Meeting to be held on Friday 19 May 2023.

Strategic / policy issues

The following directions contained in Maroondah 2040: Our Future Together and the Council Plan 2021-2025 (Year 2: 2022-2023) 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 actively engaged in local decision making, led by an innovative community inspired Council that collaborates regionally and proactively champions local needs.

Key Directions 2021 – 2025:

8.1     Provide community inspired governance that is transparent, accessible, inclusive and accountable

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

Priority Action 2022-2023:

Advocate on key local issues on behalf of the Maroondah community.

Background

The MAV’s State Council Meeting will be held on Friday 19 May 2023.  The three (3) proposed motions are viewed as being of significance across the Victorian Local Government sector and therefore of importance for debate and consideration by the State Council Meeting. 

 

The Municipal Association of Victoria together with local members of parliament provides significant advocacy to the Victorian Government on behalf of Maroondah residents and ratepayers. 

 

As has become common practice, Council officers will confirm support from MAV Metro East Councils to include with the submissions. The closing date for submitting motions is 20 March 2023.  

Issue / discussion

The motion and rationale for each of the three (3) motions is identified below:

 

Motion 1: Reinstate ‘Know Your Council’ Website

 

Motion: That the MAV calls on the Victorian Government to reinstate recurrent funding for the Know Your Council website.

 

Rationale: From 31 December 2022, the Victorian Government discontinued the Know Your Council website which provided transparent, accountable and benchmarked performance information to the general public regarding the local government sector.

 

Performance reporting is now only available via a spreadsheet download which considerably limits the potential for the broader community to interact with and understand local government performance. To support ongoing accountability and community understanding of local government performance, it is proposed that the Victorian Government reinstate the Know Your Council website.

 

This supports a greater level of sector transparency, which is in line with the principles as outlined in the Local Government Act 2020 and makes better use of Council efforts, in collecting and collating this information.

 

Motion 2: Benchmarking Cyber Security Incidents and Actions  

 

Motion: That the MAV calls on the Victorian Government to lead a project to undertake ongoing benchmarking of cyber security incidents and mitigation activities at a local government level and provide Council’s access to these reports.

 

Rationale: Cyber security relates to the confidentiality, availability and integrity of information and data that is processed, stored and communicated by electronic or similar means, and protecting it and associated systems from external or internal threat.

 

Cyber security incidents targeting local government organisations have increased considerably in recent years. With the move towards more online and working remotely being more heavily supported during and post COVID, it has led to LGAs becoming greater targets.

 

To support the sector in understanding cyber security threats, incidents, and effective responses; it is proposed that the Victorian Government lead a project to benchmark cyber security incidents, breaches, and mitigation activities across the local government sector to inform better management of this risk.

 

Motion 3: Address skill shortages in Local Government

 

Motion: That the MAV calls on the Victorian Government to establish funded student placement and career pathway programs within local government, with the support of tertiary institutions.

 

Rationale: Recent studies by ALGA and the National Skills Commission have revealed a national shortage of a broad range of key local government roles and skillsets, including but not limited to engineers, planners, building surveyors, environmental health officers, surveyors, arborists, childcare workers, aged or disabled carers and project managers.

 

This skills shortage has seen many roles being unfilled or vacant for long periods within the local government sector.

To support the sector in addressing skills shortages and promote employment pathways for tertiary students, it is proposed that the Victorian Government establish funded student placement programs within local government, with the support of tertiary institutions.

Financial / economic issues

Refer to rationale as highlighted under Issue / Discussion

Environmental / amenity issues

Refer to rationale as highlighted under Issue / Discussion.

Social / community issues

Refer to rationale as highlighted under Issue / Discussion.

Community consultation

Not Applicable

Conclusion

Council endorses the proposed motions as they have state-wide significance throughout the local government sector and therefore should be discussed at the May MAV State Council Meeting.

 

 

Attachments

Not Applicable

CONFIDENTIALITY

Not Applicable

RECOMMENDATION

THAT COUNCIL ENDORSE SUBMITTING THE FOLLOWING THREE (3) MOTIONS FOR CONSIDERATION AT THE MUNICIPAL ASSOCIATION OF VICTORIA MAY 2023 STATE COUNCIL MEETING

1.       REINSTATE KNOW YOUR COUNCIL WEBSITE

 

MOTION: THAT THE MAV CALLS ON THE VICTORIAN GOVERNMENT TO REINSTATE RECURRENT FUNDING FOR THE KNOW YOUR COUNCIL WEBSITE

 

2.       BENCHMARKING CYBER SECURITY INCIDENTS AND ACTIONS

 

MOTION: THAT THE MAV CALLS ON THE VICTORIAN GOVERNMENT TO LEAD A PROJECT TO UNDERTAKE ONGOING BENCHMARKING OF CYBER SECURITY INCIDENTS AND MITIGATION ACTIVITIES AT A LOCAL GOVERNMENT LEVEL AND PROVIDE COUNCIL’S ACCESS TO THESE REPORTS

 

3.       ADDRESS SKILL SHORTAGES IN LOCAL GOVERNMENT

 

MOTION: THAT THE MAV CALLS ON THE VICTORIAN GOVERNMENT TO ESTABLISH FUNDED STUDENT PLACEMENT AND CAREER PATHWAY PROGRAMS WITHIN LOCAL GOVERNMENT, WITH THE SUPPORT OF TERTIARY INSTITUTIONS


Director Assets & Leisure Adam Todorov

 

Community Facilities Lease Agreement for the German Shepherd Dog Club of Victoria - Eastern Branch

Item 1

 

Purpose

To seek Council approval of a lease agreement between Maroondah City Council and The German Shepherd Dog Club of Victoria, Eastern Branch for the occupancy of the dog club pavilion located in J.W Manson Reserve and to authorise the signing and sealing of the associated documentation.

Strategic / policy issues

The following directions contained in Maroondah 2040: Our Future Together and the Council Plan 2021-2025 (Year 2: 2022-2023) provide the strategic framework that underpins the purpose of this report.

Outcome Area:  A safe healthy and active community

Our Vision:  in 2040, Maroondah will be a safe, healthy and active community where all people have the opportunity to experience enhanced levels of social, emotional and physical wellbeing.

Key Directions 2021 – 2025

1.13  Promote physical activity by supporting education initiatives and providing a diverse       range of accessible active and passive open spaces, state of the art sporting precincts          and integrated recreation facilities

Background

The German Shepherd Dog Club Eastern Branch are currently located at JW Manson Reserve, Wantirna and are granted use of the purpose-built pavilion and number 2 sporting oval for activities associated with dog training and social activities for people with an interest in German Shepherd Dogs.  The club has been a lease holder of the pavilion since its construction in 1992 and have a seasonal allocation of the oval. The club currently has 255 members, 16 committee representatives and 12 volunteer instructors.

Issue / discussion

Council seeks to enter into a Community Facilities Lease Agreement with the German Shepherd Dog Club Eastern Branch. By Lease agreements made between Council and the Lessee, the Lessee will be granted use and occupation of the premises for a term of five (5) years with the option for a further term of five (5) years at annual rentals calculated in accordance with the principles of the Community Facilities Pricing Policy and determined under the category of Other Community Groups Occupying Council-Owned Facilities.

 


 

Officers recommend that Council approves the Lease agreement upon the terms and conditions as set out in the Lease, the principal terms of which are:

·        Term – Five (5) years with the option for a further term of five (5) years.

·        Maintenance – in accordance with the Community Facilities Standard Maintenance Schedule.

·        Public Liability insurance of $20M and glass replacement insurance.

Financial / economic issues

Council’s Community Facilities Pricing Policy provides an overarching framework to guide Council and ensures a consistent and transparent approach to the pricing of facilities.  Under the category of Other Community Groups Occupying Council-Owned Facilities, the Policy outlines the factors to be considered when calculating the rental fee.

 

The rental is determined based on the quality of the facility, capital contributions provided by Council and the community organisation, the type of organisation using the facility and whether the organisation has exclusive use of the facility.

Environmental / amenity issues

Not Applicable

Social / community issues

The implementation of the Lease Agreement ensures the clear and equitable delineation of maintenance responsibilities for all tenants occupying Council owned and/or managed community facilities, consistent with the Community Facilities Pricing Policy, and supports a sustainable approach to the provision of community facilities.

Community consultation

The development of the Lease agreement for the German Shepherd Dog Club premises was developed with representatives of the German Shepherd Dog Club. 

Conclusion

The Lease agreement provides a mutually beneficial arrangement between Council and German Shepherd Dog Club for the continued use and management of the premises.

 

 

Attachments

1.

DRAFT LEASE PARTICULARS - German Shepherd Dog Club - Jan 2023

 

CONFIDENTIALITY

Not Applicable

RECOMMENDATION

 

THAT COUNCIL

 

1.       GRANTS A LEASE TO THE GERMAN SHEPHERD DOG CLUB of Victoria - EASTERN BRANCH FOR AN INITIAL FIVE (5) YEAR PERIOD WITH THE OPTION FOR A FURTHER TERM OF Five (5) YEARS IN ACCORDANCE WITH COUNCIL’S STANDARD LEASE AGREEMENT AND THE CLUB TO BE CHARGED IN ACCORDANCE WITH COUNCIL’S COMMUNITY FACILITIES PRICING POLICY

2.       SIgns and Seals all required documentation as appropriate

 


 

Director Assets & Leisure Adam Todorov

Maroondah Tennis Strategy

Item 2

 

Purpose

The purpose of this report is to seek Council endorsement of the Maroondah Tennis Strategy.

Strategic / policy issues

The following directions contained in Maroondah 2040: Our Future Together and the Council Plan 2021-2025 (Year 2: 2022-2023) provide the strategic framework that underpins the purpose of this report.

Outcome Area:  A Safe Healthy and Active Community

Our Vision:  In 2040, Maroondah will be a safe, healthy and active community where all people have the opportunity to experience enhanced levels of social, emotional and physical wellbeing.

Key Directions 2021 – 2025:

1.13.  Promote physical activity by supporting education initiatives and providing a diverse       range of accessible active and passive open spaces, state of the art sporting precincts       and integrated recreation facilities

1.14.  Work in partnership to increase opportunities and create welcoming, supportive and       accessible environments for all community members to undertake physical activity

Background

In May 2021 Maroondah City Council undertook an audit and analysis process of Council owned Tennis infrastructure to obtain an understanding of current asset condition, current asset compliance levels, participation barriers and club lease condition performance in relation to the tennis club sites in Maroondah. This provided a foundation to commence discussions internally, with Maroondah tennis clubs, and with Tennis Victoria in relation to the future provision of tennis in Maroondah.

Additionally, in 2021 Council partnered with six of the seven outer east Councils to undertake a Regional Governance Situation Report, to better understand the relationship between facilities, clubs, coaches and the various types of governance types within the region.

To complete the review Council also partnered with Tennis Victoria to pilot their latest initiative the “Thriving Tennis Communities Project”. The Thriving Tennis Communities Project is a health audit tool, that assists Tennis Australia, Tennis Victoria, Council and local Clubs to review participation and their current practices and procedures. 

Issue / discussion

In Maroondah, there are 84 Council owned courts, 11 tennis clubs (10 on Council land and 1 on private land) and 4 public access facilities.  Tennis clubs within Maroondah have long played a valuable role in the overall sport and recreation options available to the community and have also provided a social hub for local neighbourhoods. Most facilities were constructed between 35 and 50 years ago, with limited renewal or upgraded infrastructure since inception.

 

For Maroondah’s Council owned facilities, tennis clubs occupy the facility under a formal Council lease and are responsible for maintenance and renewal of court infrastructure and court fencing, venue operations, club membership and casual public usage. Through the development of the strategy, it was highlighted that a significant number of tennis facilities are in need of renewal or upgrade to remain safe, accessible and to maximise participation.

 

The Strategy will provide a framework for supporting clubs, improving accessibility to tennis, determining capital priorities, co-ordination of improved maintenance and increasing overall active participation. The document highlights the key considerations which may affect tennis participation and the sustainability of Maroondah tennis clubs.

 

The document outlines four key outcome areas which will address these considerations over a ten-year timeframe. The four key outcome areas are:

1.       Participation and Access,

2.       Club Governance,

3.       Infrastructure Planning, and

4.       Prioritisation and Management and Leasing.

Financial / economic issues

A key action of the Strategy is to develop a business case proposal for an increased court lease fee as an offset for transferring fencing and court lighting renewal to become Council responsibility. The change will incur greater cost to Council however a planned approach will enable Council to offset this cost through external funding advocacy and grant submissions.  Furthermore, the Strategy commits to supporting clubs to develop a financial plan and sinking fund to support future investment in facility renewal, enabling court resurfacing and other priorities to be achieved.

Environmental / amenity issues

Council’s commitment to LED court lighting conversion and the renewal of court fencing to top and bottom rail will greatly improve both the amenity of venues and the environmental sustainability. Council is also supporting many of the clubs to convert their tennis court surfaces from porous en-tout-cas to synthetic which dramatically reduces water consumption.

Social / community issues

Tennis clubs within Maroondah have long played a valuable role in the overall sport and recreation options available to the community and have also provided a social hub for local neighbourhoods. Tennis is an activity which can be competitive or very social. It can be mixed gender, be multigenerational and can be enjoyed in many different formats.

Community consultation

During February to April 2022, Council Officers and Tennis Victoria met with all Clubs to discuss concerns, priorities and future aspirations. Council has also facilitated two Maroondah Tennis Club forums and has had ongoing engagement with Tennis Victoria to discuss the Strategy and future of tennis in Maroondah. The draft Strategy was presented to Maroondah tennis clubs in October 2022 and then placed on public exhibition via Council’s Your Say online platform from mid Dec 2022 to end of January 2023.


 

 

Conclusion

The development of an evidence based strategic approach involving all key stakeholders, will provide a framework for supporting clubs, improving accessibility to tennis, determining capital priorities, co-ordination of improved maintenance and increasing overall active participation.

 

The Strategy highlights the key considerations which may affect tennis participation and the sustainability of Maroondah tennis clubs. The document outlines four outcome areas which each have key directions. It is anticipated that additional priority actions and projects may be identified over time, which will support changing community need and infrastructure requirements.

 

 

Attachments

1.

Maroondah Tennis Strategy - March 2023

 

CONFIDENTIALITY

Not Applicable

RECOMMENDATION

That council adopts the Maroondah tennis strategy

 


 

Director Assets & Leisure Adam Todorov

Norwood Park Enhancement Plan

Item 3

 

Purpose

The purpose of this report is to seek Council endorsement of the Norwood Park Enhancement Plan.

Strategic / policy issues

The following directions contained in Maroondah 2040: Our Future Together and the Council Plan 2021-2025 (Year 2: 2022-2023) provide the strategic framework that underpins the purpose of this report.

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

Key Directions: 

6.2     Facilitate urban design that enhances the connection between the built, natural and social environments

6.3     Work in partnership to pursue urban design that promotes environmental sustainability, water sensitivity, and community wellbeing

6.4     Work towards a network of local 20-minute neighbourhoods across Maroondah where everyone can live, work and play

6.5     Develop and implement an urban environment that enhances the desirable attributes of Maroondah to protect and value neighbourhood character, local history and cultural heritage

6.7     Coordinate and advocate for the increased utilisation, longevity and availability of fit for purpose community facilities and spaces that meet local needs and act as key places for neighbourhood connection

6.8     Ensure the management of infrastructure and prioritisation of capital works is informed by demographic change, technological advancement, the impacts of climate change, and accessibility for all ages, abilities and backgrounds

6.9     Plan for and support a range of multi-use community connection hubs that are inclusive, promote social interaction, encourage lifelong learning, and provide a wide range of services

6.10 Facilitate a vibrant day and night time economy through development of high quality public spaces

6.11 Work in partnership with other catchment authorities to ensure effective stormwater management and flood mitigation across Maroondah

Outcome Area:  An accessible and connected community

Key Directions: 

5.1     Ensure community infrastructure, services and events are accessible for people of all ages, abilities and backgrounds

Outcome Area:  A clean, green and sustainable community

Key Directions: 

4.4     Create and foster a culture within our community that is committed to protecting and enhancing the unique features of Maroondah’s landscape, including our ridgelines, waterways, canopy vegetation, green open space and bushland reserves

4.5     Preserve and enhance Maroondah’s parklands, bushlands, gardens, canopy vegetation and open spaces abilities and backgrounds

Outcome Area:  A well governed community

Key Directions: 

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

Background

Norwood Park is located at 125A Warrandyte Rd, Ringwood North, and has an area size of 18,460m2. It is surrounded by mixed density residential lots, schools and shops, and is within close proximity to BJ Hubbard Reserve and Evelyn Reserve. 

 

The reserve accommodates two (2) community facilities, including North Ringwood Community Children’s Centre and North Ringwood Senior Citizens Centre. These facilities are also utilised by the following community groups: Enjoying Planned Retirement (EPR), North Ringwood Senior Citizens and Ringwood Historical Society. The reserve also accommodates green open space and carparking. 

 

In 2020, an assessment determined that the mature pine trees within Norwood Park were diseased and at the end of their useful life, and hence, taking account of the risks associated, the majority of the trees were removed (with the remainder to be removed shortly).

 

As the pine trees had historical significance (as they were originally planted to act as a wind break for an Orchard on the site) Council committed to undertaking appropriate and subsequent enhancements (including replacement planting) to the area. The enhancements were proposed to ensure the reserve continued to honour the history of the site along with meeting the future needs of the community. As such, Council determined that the development of an enhancement plan for Norwood Park was needed.

 

Council commissioned Urban Initiatives to design the enhancement plan and work subsequently commenced in early 2021. This work included the following:

·        Initial community consultation to understand current utilisation and the desired key elements

·        Preliminary site investigation including site feature and level survey, and heritage assessments

·        Phased stakeholder engagement

·        Community consultation on the proposed key elements and the draft enhancement plan

 

Issue / discussion

Development of Proposed Key Elements

Following discussions with internal and external stakeholders in early 2021, five (5) proposed key elements for the enhancement plan, were developed, as follows:

1.       Flexible Open Space area

2.       Ephemeral (short duration) waterway area

3.       Enhanced vegetation

4.       Connections and loop trail

5.       Enhanced play and gathering places

 

Community Consultation on Proposed Key Elements

The five (5) proposed key elements were used for the initial community consultation (stage 1) which took place between December 2021 and January 2022, with the aim of understanding the levels of community support for each.

 

Community consultation methods consisted of a mix of online survey, social media posts, on-site signage, and a Community Information Bulletin (CIB) for neighbouring residents.

 

Council received more than 50 responses during this consultation period and received a high level of support on all the elements. Council subsequently undertook a detailed review of all responses, and a draft enhancement plan was compiled accordingly.

 

Draft Enhancement Plan Development

The draft enhancement plan identified the following proposed elements as part of the enhancement to Norwood Park:

·        Flexible Open Space

·        Re-vegetation including Canopy trees, understorey, buffer and avenue planting

·        Nature Play Elements

·        Seating areas

·        Loop Trail

·        Car Parking

·        Signage, that honours the history of the site

·        Art

The inclusion of these elements within the enhancement plan will allow Council to undertake a staged implementation of the enhancement plan (subject to further detailed design work and available external funding).


 

Community Consultation on Draft Enhancement Plan

Community consultation on the draft enhancement plan (stage 2) was undertaken for a period of six (6) weeks between December 2022 and January 2023.

 

A range of communication channels were used to promote the consultation including:

·        Letter delivered by hand with QR code to Your Say webpage - A community information bulletin attached, detailing information on the project consultation was delivered to approximately 50 properties in the surrounding area.

·        Your Say Maroondah online engagement portal - Email to 923 subscribers of Maroondah Your Say updates on 8 December 2022.

·        On site community consultation - Two (2) On site consultation drop in sessions were held. Council’s Asset Planners were present to speak with residents about the project and answer any questions about the design. Approximately five (5) people attended.

·        Targeted Engagement: In person engagement with key stakeholders including North Ringwood Senior Citz, North Ringwood Community Children’s Centre and Enjoying Planned Retirement for explanation and discussion of the plan with verbal submission/feedback received

·        Social Media: Facebook: Total reach - 13, 451 Instagram: Total reach - 3,486

·        Maroondah eNews: Sent to 10,224 recipients

·        Online: Your Say Maroondah - 18 survey responses received

 

Summary of key feedback/themes received included:

·        Enhanced vegetation and planting

·        Enhanced connections and loop trail

·        Enhanced play and gathering places

·        Improved park inventory (including signage, furniture etc.)

 

Council received a high level of support on all the proposed elements and the plan, and as such, no amendments to the draft enhancement plan were required.

 

The enhancement plan, taking account of all feedback received from the community, is attached to this report.

Financial / economic issues

The revised enhancement plan for Norwood Park has been developed to facilitate a staged implementation of the elements, taking account of Council’s existing capital works program and available external funding opportunities.

 

Council has allocated funding from the existing capital works open space improvement program from 24/25 onwards, for staged works associated with the plan.

Council will also seek funding from State and/or Federal Government to enable an acceleration of the staged implementation of the plan.

Environmental / amenity issues

Norwood Park has heritage significance in relation to the recently removed Pine trees. Given this, consideration was given to identify how the history could be honoured in other ways, through landscape design such as avenue planting and incorporation of other elements such as interpretative signage. There was also a focus on the types of species chosen for re-vegetation in the reserve, to ensure it aligned with Council’s existing strategies and plans.

Social / community issues

Norwood Park is currently underutilised by the broader community. As the demand for open space in the area grows, the enhancement of Norwood Park is essential to facilitating improved community health and wellbeing, through increased passive recreational activity, and its enhancement is necessary to ensure that the reserve, and the associated open space assets, meet the future needs of the community.

Community consultation

Council has completed extensive discussions with the stakeholders and has undertaken two (2) rounds of community consultation, to facilitate the development of the Norwood Park enhancement plan. Consultation included face to face sessions, online surveys, community information bulletins, social media posts, and on-site signage. The feedback received from the community has been very positive. 

Conclusion

Norwood Park is an underutilised open space area in Ringwood North that has the potential to accommodate a range of environmental values and recreation opportunities. The development of an enhancement plan was identified as being essential by Council, to ensure the reserve meets the future needs of the community.

 

The Norwood Park enhancement plan has been developed based on the significant feedback received from key stakeholders and the community. The plan incorporates enhancements to the built and natural environments elements and is proposed to be undertaken in stages, based on available funding. Council has allocated funding from the existing capital works open space improvement program from 24/25 onwards and will advocate for additional external funding, to enable additional components of the enhancement plan to be undertaken sooner.

 

 

Attachments

1.

Norwood Park Enhancement Plan - Draft for Endorsement - March 2023

 

CONFIDENTIALITY

Not Applicable

RECOMMENDATION

That Council endorses the NORWOOD park enhancement plan

 


 

Director Assets & Leisure Adam Todorov

Woodland Park Enhancement Plan

Item 4

 

Purpose

The purpose of this report is to seek Council endorsement of the Woodland Park Enhancement Plan.

Strategic / policy issues

The following directions contained in Maroondah 2040: Our Future Together and the Council Plan 2021-2025 (Year 2: 2022-2023) provide the strategic framework that underpins the purpose of this report.

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

Key Directions: 

6.2     Facilitate urban design that enhances the connection between the built, natural and social environments

6.3     Work in partnership to pursue urban design that promotes environmental sustainability, water sensitivity, and community wellbeing

6.4     Work towards a network of local 20-minute neighbourhoods across Maroondah where everyone can live, work and play

6.5     Develop and implement an urban environment that enhances the desirable attributes of Maroondah to protect and value neighbourhood character, local history and cultural heritage

6.7     Coordinate and advocate for the increased utilisation, longevity and availability of fit for purpose community facilities and spaces that meet local needs and act as key places for neighbourhood connection

6.8     Ensure the management of infrastructure and prioritisation of capital works is informed by demographic change, technological advancement, the impacts of climate change, and accessibility for all ages, abilities and backgrounds

6.9     Plan for and support a range of multi-use community connection hubs that are inclusive, promote social interaction, encourage lifelong learning, and provide a wide range of services

6.10 Facilitate a vibrant day and night time economy through development of high quality public spaces

6.11 Work in partnership with other catchment authorities to ensure effective stormwater management and flood mitigation across Maroondah

Outcome Area:  An accessible and connected community

Key Directions: 

5.1     Ensure community infrastructure, services and events are accessible for people of all ages, abilities and backgrounds

Outcome Area:  A clean, green and sustainable community

Key Directions: 

4.4     Create and foster a culture within our community that is committed to protecting and enhancing the unique features of Maroondah’s landscape, including our ridgelines, waterways, canopy vegetation, green open space and bushland reserves

 

4.5     Preserve and enhance Maroondah’s parklands, bushlands, gardens, canopy vegetation and open spaces abilities and backgrounds

Outcome Area:  A well governed community

Key Directions: 

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

Background

In 2021 Council took ownership of a section of the former Croydon South Primary School from the State Government Education Department, doubling the size of Woodland Park.

 

The reserve is 25,527m2 in size and is located at 44A Azarow Circuit, Croydon South. It is surrounded by mixed density residential lots, schools and shops, and is within close proximity to Belmont Park and Eastfield Park. 

 

The reserve accommodates bushland, playspace, picnic facilities along with walking paths and green open space and has been listed as a ‘site of biological significance’ due to significant vegetation and observations of endangered fauna species.

 

As part of the transfer of land, Council committed to undertaking enhancements to the area to ensure the reserve meets the current and future needs of the community. As such, Council determined that the development of an enhancement plan for Woodland Park was needed.

 

Council commissioned Urbis to design the enhancement plan and work subsequently commenced late 2021. This work included the following:

·        Initial community consultation to understand current utilisation and the desired key elements

·        Preliminary site investigation including site feature and level survey and Arboriculture and biodiversity assessment

·        Phased stakeholder engagement

·        Community consultation on the proposed key elements and the draft enhancement plan


 

Issue / discussion

Development of Proposed Key Elements

Following discussions with internal and external stakeholders between December 2021 and January 2022, five (5) proposed key elements were incorporated into the enhancement plan:

1.       Flexible Open Space area

2.       Ephemeral (short duration) waterway area

3.       Enhanced vegetation

4.       Connections and loop trail

5.       Enhanced play and gathering places

 

Community Consultation on Proposed Key Elements

The five (5) proposed key elements were used for the initial community consultation (stage 1), between December 2021 and January 2022, with the aim of understanding the levels of community support for each.

 

Community consultation methods consisted of a mix of online survey, social media posts, on-site signage and a Community Information Bulletin (CIB) for neighbouring residents. In addition, three (3) on site ‘pop up’ sessions were undertaken, to give the community an opportunity to speak directly with Council Officers and the Ward Councillor. 

 

Council received more than 120 responses during this consultation period and received a high level of support on the elements. Council subsequently undertook a detailed review of all responses, and a draft enhancement plan was compiled accordingly.

 

Draft Enhancement Plan Development

The draft enhancement plan identified the following proposed zones and functions as part of the enhancement to Woodland Park:

·        Flexible Open Space

·        Viewing Area

·        Re-vegetation

·        Buffer Planting

·        Nature Play

·        Picnic Zone and associated amenities

·        Wheel Play Zone

·        Games Area

·        Structured Play

·        Calm Zones

·        Loop Trail

·        Car Parking

·        Signage

·        Art

The inclusion of these zones and functions within the enhancement plan will allow Council to undertake a staged implementation of the enhancement plan (subject to further detailed design work and available external funding).

 

Community Consultation on Draft Enhancement Plan

Community consultation on the draft enhancement plan (stage 2) was undertaken for a period of six (6) weeks between December 2022 and January 2023.

 

A range of communication channels were used to promote the consultation including:

·        Letter delivered by hand with QR code to Your Say webpage - A community information bulletin attached, detailing information on the project consultation was delivered to approximately 50 properties in the surrounding area.

·        Your Say Maroondah online engagement portal - Email to 923 subscribers of Maroondah Your Say updates on 8 December 2022.

·        On site community consultation - Three (3) On site consultation drop in sessions were held. Council’s Asset Planners were present to speak with residents about the project and answer any questions about the design. Approximately seventeen (17) people attended.

·        Targeted Engagement: In person engagement with key stakeholders including Friends of Woodland Park for explanation and discussion of the plan with verbal submission/feedback received

·        Social Media: Facebook: Total reach - 13,451 Instagram: Total reach - 3,486

·        Maroondah eNews: Sent to 10,224 recipients

·        Online: Your Say Maroondah - 33 survey responses received

 

Summary of key feedback/themes received included:

·        Enhanced vegetation and planting

·        Enhanced play and gathering places

·        Enhanced connections and loop trail

·        Enhanced flexible open space

·        Enhanced Signage/Art

 

Council received a high level of support on all the proposed elements and the overall plan. The only area of concern for the community was the lack of a public toilet on the draft enhancement plan. As such, the revised enhancement plan for Woodland Reserve includes for provision of an indicative location for a future public toilet. The precise location, and the other specific details associated with the toilet, will be determined as part of the subsequent detailed design process, further consultation with the community, and the outcomes of Council’s Public Toilet framework (which is currently being developed).

 

The revised enhancement plan, taking account of all feedback received from the community, is attached to this report.

Financial / economic issues

The revised enhancement plan for Woodland Park has been developed to facilitate a staged implementation of the zones, taking account of Council’s existing capital works program and available external funding opportunities.

 

Council has allocated funding from the existing capital works open space improvement program from 24/25 onwards, for staged implementation.

 

Council will also seek funding from State and/or Federal Government to enable an acceleration of the staged implementation of the plan.

Environmental / amenity issues

Woodland Park has a significant vegetation planning overlay over a section of the reserve. Given this, arboriculture and biodiversity assessments were undertaken for the sections of the reserve identified for possible change or development. 

 

The findings from this assessment were also considered as part of the development of the draft and revised enhancement plans.

Social / community issues

The Woodland Park precinct is of high value and utilised extensively by the community for various recreational activities.

 

The reserve is therefore essential to facilitating improved community health and wellbeing, through increased recreational activity, and its enhancement is necessary to ensure that the reserve, and the associated open space assets, meet the future needs of the community.

Community consultation

Council has completed extensive discussions with the stakeholders and has undertaken two (2) rounds of community consultation, to facilitate the development of the Woodland Park enhancement plan. Consultation included face to face sessions, online surveys, community information bulletins, social media posts, and on-site signage. The feedback received from the community has been very positive.


 

 

Conclusion

The Woodland Park precinct is a significant open space area in Croydon South that accommodates a range of environmental values and recreation opportunities. The development of an enhancement plan was identified as being essential by Council, to ensure the reserve continues to meet the future needs of the community.

 

The Woodland Park enhancement plan has been developed based on the significant feedback received from key stakeholders and the community. The plan incorporates enhancements to the built and natural environments elements and is proposed to be undertaken in stages, based on available funding. Council has allocated funding from the existing capital works open space improvement program from 24/25 onwards and will advocate for additional external funding, to enable additional components of the enhancement plan to be undertaken sooner.

 

 

Attachments

1.

Woodland Park Enhancement Plan - Draft for Endorsement - March 2023

 

CONFIDENTIALITY

Not Applicable

RECOMMENDATION

That Council endorses the WOODLAND park enhancement plan

 


 

Director Strategy & Development Andrew Fuaux

Draft Community Local Law 2023

Item 1

 

Purpose

To initiate the statutory procedures for Maroondah City Council to give notice of its intention to publicly exhibit, for community consultation, the Draft Community Local Law 2023 to replace Local Law No. 11.

Strategic / policy issues

The following directions contained in Maroondah 2040: Our Future Together and the Council Plan 2021-2025 (Year 2: 2022-2023) provide the strategic framework that underpins the purpose of this report.

Outcome Area:   

·        A safe, healthy and active community

·        A thriving and well-built community

·        An attractive community

·        An empowered Community

Our Vision: 

In 2040 Maroondah will be a safe, healthy and active community where all people have the opportunity to experience enhanced levels of social emotional and physical wellbeing.

In 2040, Maroondah will be an empowered community that is actively engaged in local decision making, led by an innovative community inspired Council that collaborates regionally and proactively champions local needs.

Key Directions 2021 – 2025:

A safe community

1.1     Work in partnership to address community safety and implement initiatives aimed at improving the actual and perceived safety of the community.

1.2     Plan and advocate for the application of community safety principles that facilitate a safe built environment

1.3     Promote and facilitate safer cultures relating to alcohol, tobacco and other drugs

A well governed community

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

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

 

Background

The Local Government Act 2020 gives Councils broad powers to make local laws for, or with respect to an act matter or thing in respect of which the Council has a function or power under legislation.

 

Maroondah’s current General Local Law No.11 came into effect on 1 January 2016 and is due to expire on 31 December 2025. However, due to the length of time that has passed since its adoption, it has been reviewed earlier. It is important to ensure that local laws adequately reflect current community needs and emerging issues.

 

In order to promote the efficient and effective enforcement and administration of municipal activities and protect the amenity of the local community, it is proposed to repeal the current General Local Law No.11 and replace it with the Community Local Law 2023.

 

When reviewing, or developing a Local Law, it is industry best practice in Victoria to also develop and publish a Community Impact Statement (See Attachment 1). The proposed changes to the Local Law are also summarised in a separate document (See Attachment 2).

 

The Community Impact Statement includes a range of information relating to the Council’s reasons for seeking to adopt the Local Law, how community may be affected by the Local Law, anticipated costs and what regulatory approach will be used.

Issue / discussion

Significant consultation and engagement occurred in April to June 2022, to inform the development of the Draft Community Local Law 2023. The consultation report is attached (see Attachment 3). This included:

·        community feedback as to what community safety and amenity issues were important to them,

·        internal discussions as to how the proposed Local Law could meaningfully address municipal changes, regulatory concerns and emerging issues; and

·        input from a number of local and partner agencies including Victoria Police and Council’s Liveability Safety and Amenity Advisory Committee, among others.

 

Areas of concern and emerging issues which have been addressed in the draft Community Local Law (see Attachment 4), either through the insertion of new provisions or the strengthening of existing clauses include:

·        Ensuring footpaths are kept free from obstructions and overhanging branches to improve safety and accessible use;

·        Management of donation bins to ensure the surrounding area is kept in a clean condition, irrespective of where the bin is placed;

·        The introduction of new clauses and amending existing clauses, to manage the condition of buildings sites, including noise, to ensure that surrounding areas and Council assets are not adversely affected by building works;  

·        The introduction of Waste Services Guideline 2023 (see Attachment 5) as an incorporated document to better educate and regulate community concerns with domestic waste and hard waste collection in addition to other changes to the waste collection program;

·        Increased controls around managing animal behaviour including animal owners not picking up after their animals and injuries caused by animals not under effective control;

·        Unoccupied/abandoned properties (commercial and residential) are more likely to be damaged or vandalised and can become a risk to neighbouring properties. New definitions of dangerous, derelict and unsightly have been included to provide clear information concerning landowner’s responsibilities.

·        The introduction of an additional requirement that owners properly secure an unoccupied property to help prevent these properties from adversely impacting the amenity and safety of neighbours;

·        The introduction of a new clause to manage the approval process for commercial filming in Maroondah, specifically in public places. Permits issued under the Local Law to allow for commercial filming will be consistent with the film friendly principles as contained in the Filming Approval Act 2014;

·        Storage of heavy and long vehicles on residential land will now require a permit, helping to ensure that these types of vehicles on residential properties do not cause amenity issues through noise, fumes, or damage to assets;

·        The clauses addressing drinking in public places have been amended to better enable Authorised Officers, including Victoria Police members with powers to confiscate open containers of liquor and regulating nuisance behaviour near licensed premises; and includes enabling provisions within the Local Law to expand smoke free areas (including vaping) across the municipality; and

·        The inclusion of considering extenuating circumstances such as homelessness and other vulnerable situations, providing Authorised Officers with the opportunity to exercise their discretion.

A full list of the amendments is available in Attachment 2.

The proposed replacement Local Law has removed unnecessary duplications and administrative matters. Council’s enforcement requirements have been refined, creating a user-friendly, ‘Plain English’ document which does not compromise Council’s enforcement powers and functions. 

Financial / economic issues

Any fees that are payable under the Local Law are considered annually as part of the budget process. Council also has the discretion to waive, reduce or defer payment of fees and charges in whole or in part, with or without conditions.

 

The penalties applying to all existing and new Local Law clauses were considered and reviewed. The penalty amounts stated in the proposed Local Law are designed as a deterrent and considered appropriate. They have been intentionally scaled to reflect the impact of the offence on the community and the prevalence of the particular type of offending.

 

A distinction has been made between offences committed by individuals and bodies corporate with the latter imposing higher penalties where stated.  The included penalties are consistent in nature and amount with like and neighbouring municipalities.

Environmental / amenity issues

The purpose of the Draft Community Local Law is to protect Maroondah’s amenity and environmental characteristics, while ensuring equitable, accessible, safe and enjoyable use of Council land, roads and assets.

Social / community issues

The purpose of the Draft Community Local Law is to protect the health and safety, and provide for the peace, order and good governance of the municipal district of Maroondah.

Community consultation

In order to inform the preparation of the Draft Community Local Law, Council undertook a preliminary community engagement process during April and June 2022. The purpose of this engagement was to gain an understanding on what matters to the community in regard to safety and amenity, and how important it is for Council to monitor those activities. The engagement activities undertaken included face to face pop up listening posts, meetings with Council’s Advisory Committees and other external partnership committees (Liquor Accord) and an online survey through Council’s Your Say Maroondah webpage.

 

The findings of the engagement are found in the General Local Law Review - Report on Consultation July 2022 (see Attachment 3).

 

Further community feedback will now be sought in accordance with the Local Government Act 2020, and Council’s Community Engagement Policy to assist in finalising the Draft Community Local Law 2023. This will include online engagement through Council’s YourSay page, hard copies being available at the Council Customer Service Centres and further consultation with partner agencies.

Conclusion

Local Laws are an important regulatory mechanism that reflect local issues and emerging community needs. Significant consultation has already occurred in the drafting of the Local Law. Further feedback received from the community will assist in finalising the Draft Community Local Law which will be reported back to Council in mid-2023.  

 

 

Attachments

1.

Community Impact Statement - Maroondah Community Local Law 2023

2.

Summary of proposed changes to Draft Maroondah Community Local Law 2023

3.

Consultation Report - General Local Law Review - July 2022

4.

Maroondah Community Local Law 2023 - DRAFT

5.

Waste Services Guideline - 2023

 

CONFIDENTIALITY

Not Applicable

RECOMMENDATION

That council

1.       In accordance with section 73 of the Local Government Act 2020 and Council’s Community Engagement Policy release the attached Draft Community Local Law 2023 to the community for a minimum of 4 weeks commencing 13 April 2023

2.       Authorises the Chief Executive Officer to publish the required public notices

3.       Make a hard copy of the Draft Community Local Law 2023 available for inspection on Council’s website and in Council’s Customer Service Centres at Realm and Croydon

4.       Receives a further officer’s report no earlier than 17 July 2023 Council meeting to consider any submissions and the final draft of the Local Law

 


 

Director Strategy & Development Andrew Fuaux

Minimum Standards for Canopy Tree Provision

Item 2

 

Purpose

To present the Maroondah Minimum Standards for Canopy Tree Provision (2020) report and accompanying document Minimum Standards for Canopy Tree Provision Deep Soil Area and Species Tables (2020) for Council’s noting and formal adoption.

Strategic / policy issues

The following directions contained in Maroondah 2040: Our Future Together and the Council Plan 2021-2025 (Year 2: 2022-2023) provide the strategic framework that underpins the purpose of this report.

Outcome Area:  A clean, green and sustainable community

Our Vision:  In 2040, Maroondah will be a resilient community committed to sustainable living, enhancing our natural environment, and providing leadership in responding to climate change.

Key Directions 2021 – 2025:

4.4     Create and foster a culture within our community that is committed to protecting and enhancing the unique features of Maroondah’s landscape, including our ridgelines, waterways, canopy vegetation, green open space and bushland reserves

4.5     Preserve and enhance Maroondah’s parklands, bushlands, gardens, canopy vegetation and open spaces

4.7     Plan for increased vegetation and green spaces within activity centres and major development sites to link the built environment to the natural landscape and better connect people to nature

Maroondah Vegetation Strategy 2020-2030

The Maroondah Vegetation Strategy 2020-2030 was adopted by Council in March 2020. This strategy sets the vision of:

 

In 2040, more people are deriving the health and wellbeing benefits, and more plants and animals are deriving the habitat benefits, of living amongst abundant and diverse vegetation in Maroondah”.

 

Council’s mission in achieving this vision is articulated as:

 

Through direct action, strategic partnerships, and developing a community culture of stewardship, Council will lead and coordinate collaborative action to protect and expand the area of vegetation to support healthier life for people, plants, and animals in a changing Maroondah”.

 

The Strategy’s Priority Action 1.3(a) is: “Amend the planning scheme to strengthen planning controls to require the planting of canopy trees and other beneficial vegetation, and the provision of the associated growing conditions they need to flourish and grow old and large (such as sufficient soil volume and depth, canopy growing space, solar access, and passive and active irrigation).

 

Background

Reformed Residential Zones (2012)

In July 2012, the Victorian Government announced a review of Victoria’s planning zones to ensure they were functioning correctly and that their schedules were still relevant.  As a result, the Residential Growth Zone (RGZ), General Residential Zone (GRZ) and Neighbourhood Residential Zone (NRZ) were introduced into the Victoria Planning Provisions on 1 July 2013 via Amendment V8.

 

Implementing the Reformed Residential Zones into the Maroondah Planning Scheme was done through a policy neutral change to the Maroondah Planning Scheme.  The corresponding Amendment C93 came into effect 19 June 2014.

 

Council’s basis of the placement of these zones relied on Maroondah’s vegetation and topography, as identified in the Maroondah Strategic Framework Plan.  The NRZ was introduced across Maroondah and was applied in the Ridge Protection Areas, Landscape Protection Areas and Sites of Biological Significance.  This accounts for 29% of land in Maroondah.

 

Amendment VC148 – reforms to the Victoria Planning Provisions

Amendment VC148 was gazetted on 31 July 2018 and implemented changes to the Victoria Planning Provisions (VPP) and planning schemes. The Amendment added clarity to schemes by simplifying and improving their structure, function and operation. It also removed unnecessary regulation. Of particular relevance, VC148 provides an opportunity to tailor zone schedules in the planning scheme, including specifying landscaping requirements.

 

Neighbourhood Character Review

The Maroondah Neighbourhood Character Review undertook a Residential Character Assessment and Identification of Community Values in 2018, with a Recommendations Report produced in 2019.

 

At its meeting on 29th April 2019, Council resolved to release the Draft Neighbourhood Character Study Review Recommendations Report for community consultation. A total of 60 submissions were received. Amongst the main issues identified in the submissions was: “The need for the retention of canopy trees and landscaping”.

 

At its meeting on 31st August 2020 Council formally considered the Neighbourhood Character Study Review Recommendation Report following submissions received during the consultation period. The Council meeting report proposed that further work associated with implementing the Recommendations Report was required, including:

·        Review of the current landscaping standards and requirements for the provision and retention of canopy trees further ensuring consistency with the objectives of Maroondah’s Vegetation Review. The Neighbourhood Character Study Review identified the need to update the Arboricultural report “Open Space Requirements for Provision and Retention of Canopy Trees in Maroondah, Clive Sorrel (May 2002)”. This work has been completed resulting in the preparation of two documents: Maroondah Minimum Standards for Canopy Tree Provision, June 2020; and Maroondah Deep Soil area and Species Tables for Canopy Tree Provision June 2020.

Council resolved to adopt the Recommendations Report “in principle”.

 

The Neighbourhood Character Study Review Recommendation Report proposes the introduction of planning provisions that include the requirement to provide one or more canopy trees as part of landscaping requirements in any redevelopment of a site covered by the proposed Neighbourhood Residential Zones. Currently the incorporated document Sorrel, C. (2002) Open Space Requirements for Provision and Retention of Canopy Trees in Maroondah is the reference for what surrounding conditions need to be provided when retaining or planting canopy trees. This document is considered outdated, and in many situations unclear and open to misinterpretation. In response, Ian Shears Green Infrastructure + Urban Forestry were engaged to provide a professional and contemporary view on the minimum soil and space conditions needed to enable a canopy tree to sustain health and reach maturity.

Issue / discussion

Maroondah Minimum Standards for Canopy Tree Provision overview

The intent of the report (two documents) is to ensure that a tree has the airspace and underground space that is necessary for it to achieve its full growth and reach its adult dimensions.

 

Two documents that serve different, but related, purposes were delivered:

 

1.       Maroondah Minimum Standards for Canopy Tree Provision

This document articulates the methods for determining the minimum standards required for healthy canopy tree establishment and growth in the private realm through:

·        Categorisation of tree types

·        Categorisation of tree dimensions

·        Species selection

·        Reference material for size dimensions

·        Above and below ground conditions to provide for healthy maturity

·        Consistency with contemporary standards; and

·        Resources and guidance on species selection

 

2.       Minimum Standards for Canopy Tree Provision Deep Soil Area and Species Tables

This document applies the methods described above to a range of tree species often used as canopy trees in Maroondah, with the calculated minimum deep soil surface area, surface dimension and volume presented in tabular form for each of the listed species.

This list of species is considered dynamic and is expected to require regular updating to either remove species no longer considered suitable for Maroondah, and/or add new species newly considered suitable for Maroondah.

 

Together the two documents provide clear and contemporary minimum standards to be met when the provision of one or more canopy trees is a requirement, with those standards calculated for a number of tree species commonly planted in Maroondah.

 

The ‘Maroondah Minimum Standards for Canopy Tree Provision’ document is expected to become the reference for any controls in the Maroondah Planning Scheme requiring the provision of canopy trees, and therefore needs to be formally adopted by Council as an accepted reference document to underpin planning policy.

 

The ‘Minimum Standards for Canopy Tree Provision Deep Soil Area and Species Tables’ is seen as a ‘ready reckoner’ information resource for Council’s Statutory Planning staff, and potentially the basis for guidance notes provided to planning applicants. As such it needs to be readily updateable as and when new information arises and is not essential for underpinning planning policy. It is therefore recommended for noting by Council and made available upon request at the discretion of the Statutory Planning team.

Financial / economic issues

There are no financial implications with the formal adoption of Maroondah Minimum Standards for Canopy Tree Provision (2020) as an accepted reference document and making it available on the Council website, nor with using the accompanying Minimum Standards for Canopy Tree Provision Deep Soil Area and Species Tables as a ‘ready reckoner’ information resource for Council planning staff.

Environmental / amenity issues

The report Maroondah Minimum Standards for Canopy Tree Provision (2020) provides a professional and contemporary view on the minimum soil and space conditions needed to enable a canopy tree to sustain health and reach maturity. The application of these standards when requiring one or more canopy trees to be planted as part of a planning permit will maximise the likelihood of said trees to achieve their full growth potential and reach their expected adult dimensions, and therefore contribute to Maroondah’s canopy cover and amenity.

Social / community issues

There are only positive social implications associated with the formal adoption of Maroondah Minimum Standards for Canopy Tree Provision (2020) as an accepted reference document and making it available on the Council website.

Community consultation

The report Maroondah Minimum Standards for Canopy Tree Provision (2020) and the accompanying Minimum Standards for Canopy Tree Provision Deep Soil Area and Species Tables (2020) are expected to be valuable, consistent and credible sources of information for Council’s Statutory Planning staff when consulting with planning applicants regarding the provision of one or more canopy trees.

 

Conclusion

The report Maroondah Minimum Standards for Canopy Tree Provision (2020) and accompanying document Minimum Standards for Canopy Tree Provision Deep Soil Area and Species Tables (2020) provide contemporary, professional and credible guidance on the minimum soil and space conditions needed to enable a canopy tree to sustain health and reach maturity. It serves as a valuable source of information for Council’s Statutory Planning staff, and serves Council’s aspirations for a clean, green and sustainable community.

 

 

Attachments

1.

Maroondah Minimum Standards for Canopy Tree Provision June 2020

2.

Maroondah Deep Soil Area and Species Tables for Canopy Tree Provision June 2020

 

CONFIDENTIALITY

Not Applicable

RECOMMENDATION

That

1.       Maroondah Minimum Standards for Canopy Tree Provision (2020) BE FORMALLY ADOPTED BY COUNCIL AS AN ACCEPTED reference document to underpin planning policy, AND BE MADE PUBLICLY AVAILABLE ON COUNCIL’S WEBSITE

2.       Minimum Standards for Canopy Tree Provision Deep Soil Area and Species Tables (2020) be noted by council and used by Council’s Statutory planning staff as a ‘ready reckoner’ information resource