KNOX CITY COUNCIL MINUTES STRATEGIC PLANNING COMMITTEE Meeting held at the Civic Centre, 511 Burwood Highway Wantirna South on Tuesday 9 August 2011 STRATEGIC PLANNING COMMITTEE 9 August 2011 Meeting Opened at 7.04 pm Present Cr S McMillan (Mayor & Chairperson) Cr P Cole Cr J Mortimore Cr A Gill Cr J Cossari Cr A Walter Cr D Cooper Cr M Van de Vreede Dobson Ward Baird Ward Chandler Ward Dinsdale Ward Collier Ward Friberg Ward Scott Ward Tirhatuan Ward Mr G Emonson Chief Executive Officer Mr I Bell Director – Engineering & Infrastructure Mr A Kourambas Director - City Development Mr M Dupe Director – Corporate Development Ms K Stubbings Director – Community Services Mr R McKail Manager - Governance Apologies Cr D Pearce Declarations of Conflict of Interest Nil STRATEGIC PLANNING COMMITTEE 9 August 2011 INDEX Page No. Item 1. Confidential Information Register 1. Item 2. Lease of Land within 437 Stud Road, Wantirna South for the Purpose of a Shared Path for Use by the Public (Melway Ref: 72 J2) 4. Item 3. Native Vegetation Net Gain Policy – Review 7. Item 4. Bayswater Triangle Master Plan 22. 1 STRATEGIC PLANNING COMMITTEE 9 August 2011 ALL WARDS ITEM 1. CONFIDENTIAL INFORMATION REGISTER SUMMARY: Manager – Governance (Rodney McKail) This report seeks a Council resolution to declare information confidential in accordance with the requirements of section 77(2)(b) of the Local Government Act 1989. RECOMMENDATION That Council in accordance with section 77(2)(b) of the Local Government Act 1989 1. declare the information referred to in Confidential Appendix A as confidential information on the grounds as specified in the attachment. 2. declare Confidential Appendix A as confidential information in accordance with the grounds specified in section 89(2)(h) of the Local Government Act 1989, as a matter which the Council considers would prejudice the Council or any person. 1. INTRODUCTION Section 77(2)(c) of the Local Government Act 1989 enables the Chief Executive Officer to designate information that is confidential, specifying the relevant ground/s applying under section 89(2) of the Act. Such information is designated confidential for a period of 50 days only and requires a Council resolution in order to remain confidential in perpetuity. 2. DISCUSSION The definition of ‘confidential information’ in section 77 of the Local Government Act is as follows: “(2) For the purposes information” if- of this section, information is “confidential (a) the information was provided to the Council or a special committee in relation to a matter considered by the Council or special committee at a meeting closed to members of the public and the Council or special committee has not passed a resolution that the information is not confidential; or (b) the information has been designated as confidential information by a resolution of the Council or a special committee which specifies the relevant ground or grounds applying under section 89(2) and the Council or special committee has not passed a resolution that the information is not confidential; or 2 STRATEGIC PLANNING COMMITTEE 1. 9 August 2011 Confidential Information Register (cont’d) (c) (3) subject to sub-section (3), the information has been designated in writing as confidential information by the Chief Executive Officer specifying the relevant ground or grounds applying under section 89(2) and the Council has not passed a resolution that the information is not confidential. Confidential information referred to in sub-section (2)(c) ceases to be confidential at the expiry of the period of 50 days after the designation is made unless sub-section (2)(a) or (2)(b) applies to the information.” Under section 77(3), if the Chief Executive Officer has designated in writing that the information is confidential information, the information will cease to be confidential at the expiration of 50 days after the designation was made. A Council resolution is now required to ensure the confidential status and legislative protection of documents designated as confidential by the Chief Executive Officer in accordance with Section 77 of the Act. It is important to note, that confidential information can, by subsequent resolution of Council, become non confidential. 3. CONSULTATION No consultation has occurred in relation to the preparation of this report, however, a Council resolution to declare information confidential in accordance with the requirements of section 77(2)(b) of the Local Government Act 1989 is consistent with Council’s Confidential Information Policy and Procedure. 4. ENVIRONMENTAL/AMENITY ISSUES There are no environmental/amenity issues associated with the preparation of this report. 5. FINANCIAL & ECONOMIC IMPLICATIONS There are no financial implications associated with this report. 6. SOCIAL IMPLICATIONS There are no social implications associated with this report. 7. RELEVANCE TO COUNCIL PLAN This process supports the Key Result Area of Sound Stewardship by ensuring good governance through the application of appropriate processes and protocols to facilitate effective and democratic government. 3 STRATEGIC PLANNING COMMITTEE 1. 9 August 2011 Confidential Information Register (cont’d) 8. CONCLUSION In adopting the attached confidential schedule, Council ensures that documents that have previously been declared confidential by the Chief Executive Officer remain confidential in perpetuity. 9. CONFIDENTIALITY Due to the confidential nature of the information to be included in the register, a detailed listing of the documents for adoption by Council has been circulated separately as Confidential Appendix A. COUNCIL RESOLUTION MOVED: SECONDED: CR. COOPER CR. COSSARI That Council in accordance with section 77(2)(b) of the Local Government Act 1989 1. declare the information referred to in Confidential Appendix A as confidential information on the grounds as specified in the attachment. 2. declare Confidential Appendix A as confidential information in accordance with the grounds specified in section 89(2)(h) of the Local Government Act 1989, as a matter which the Council considers would prejudice the Council or any person. CARRIED 4 STRATEGIC PLANNING COMMITTEE 9 August 2011 SCOTT WARD ITEM 2. LEASE OF LAND WITHIN 437 STUD ROAD, WANTIRNA SOUTH FOR THE PURPOSE OF A SHARED PATH FOR USE BY THE PUBLIC (MELWAY REF: 72 J2) SUMMARY: Coordinator – Property Services (Angela Mitchell) This report recommends that Council sign and seal the lease between Knox City Council and Stud Road Property Pty Ltd (trading as Knox Mitsubishi) for the use of land adjacent to the western boundary of 437 Stud Road for a shared path to be used by the public. RECOMMENDATION That Council sign and seal the lease between Knox City Council and Stud Road Property Pty Ltd (trading as Knox Mitsubishi) for the use of land adjacent to the western boundary of 437 Stud Road, Wantirna South for the purpose of a shared path. 1. INTRODUCTION At the Council meeting on 26 November 2008, Council resolved to end Section 173 Agreement S445097D applying to 437 Stud Road, Wantirna South subject to a number of conditions in planning permit P/2008/6399 being met, included in this was: “A 2.5 metre shared path to be constructed along the west boundary of the site, to the satisfaction of Council. All costs associated with this including any legal fees are to be borne by the developer/owner.” Planning Permit P/2008/6399 was issued on 12 May 2009 and included design parameters giving effect to the above requirements. Since the issue of Planning Permit P/2008/6399, a number of mediations have been undertaken at VCAT between Council, VicRoads and the applicant. At the Council meeting on 27 January 2010, Council resolved (amongst others) to: “Agree to maintain a minimum 2.5 metre wide shared pedestrian and cycle pathway to be constructed to Council’s standards within private property at 437 Stud Road, Wantirna South as well as within Tree Reserve 602 and Stud Road reserve, with no costs associated with the path construction and maintenance agreement to be borne by Council.” It is necessary to construct this shared path partially through private property, as there is not an adequate area within the road reserve and the 1.5 metres wide Council owned tree reserve (adjacent to the western boundary of the site), to accommodate a shared path of adequate width. 5 STRATEGIC PLANNING COMMITTEE 2. 9 August 2011 Lease of Land Within 437 Stud Road, Wantirna South for the Purpose of a Shared Path for Use by the Public (cont’d) Subsequent further mediation at VCAT was successful and VCAT issued an order by consent on 28 May 2010 giving effect to Council’s resolution including a permit condition stating: “Prior to commencement of construction of the shared path, the owner must enter into a licence agreement with the Council covering that part of the shared path which protrudes into the subject land. The licence shall (in addition to normal licence terms) provide for: o A right for Council to occupy the subject site for the purpose of a shared path for use by the public and to enter the subject land to maintain and repair the path. o Indemnities and releases in favour of the owner. o The holding of insurances. The cost of preparing, negotiating and executing the agreement is to be borne by the owner.” In accordance with the above conditions, solicitors have now prepared a lease agreement which is now presented for signing and sealing by Council. It should be noted that whilst the resolution states a licence agreement, it is appropriate in this instance that Council proceeds with a lease, as such an agreement will remain with the property for the term of the lease. A lease will also accord with the resolution. The proposed lease is for 50 years with consideration of $1 (on demand) with all appropriate insurances and indemnities being undertaken by Council. 2. DISCUSSION The proposed lease agreement gives effect to previous Council resolutions indicated in this report and will result in the provision of a shared path for use by the public across the frontage of the site. Council’s Traffic Department advised that the shared pedestrian and bicycle path is of importance as this section of footpath is the ‘missing link’ between the ‘Austral Bricks Site’ and Knox Central Activity Centre. The proposal is consistent with the Knox Integrated Transport Plan which includes the following: 3. Provide an accessible on-road and off-road bicycle network that provides for safe and continuous travel throughout the municipality. Maximise resident access to a connected path network. CONSULTATION Consultation has been undertaken with the property owners, VicRoads and internal Council stakeholders. 6 STRATEGIC PLANNING COMMITTEE 2. 9 August 2011 Lease of Land Within 437 Stud Road, Wantirna South for the Purpose of a Shared Path for Use by the Public (cont’d) 4. ENVIRONMENTAL/AMENITY ISSUES There are no environmental issues associated with this lease. By providing functional connectivity and landscaping, in accordance with approved permits, this will improve the amenity of the area. 5. FINANCIAL & ECONOMIC IMPLICATIONS In accordance with VCAT’s order (28 May 2010), all costs associated with construction of the 2.5 metre path and for the preparation of the associated lease agreement are to be borne by the developer/owner. Whilst there are no immediate costs to Council, there will be ongoing maintenance which will be the responsibility of Council. 6. SOCIAL IMPLICATIONS The subject section of footpath, traversing the front of 437 Stud Road, Wantirna South is the ‘missing link’ between the ‘Austral Brick Site’ and Knox Central Activity Centre. The proposal will have a positive social impact in that provision of the shared path will improve connectivity for residents using sustainable forms of transport. 7. RELEVANCE TO COUNCIL PLAN The construction of this shared path will meet Council’s transport options of connectivity between transport modes supported by high quality local transport infrastructure. 8. CONCLUSION This report finalises the conditions endorsed by VCAT and recommends that Council sign and seal the lease between Knox City Council and Stud Road Property Pty Ltd to deliver the shared path adjacent to the western boundary of 437 Stud Road, Wantirna South. 9. CONFIDENTIALITY There are no confidential issues associated with this report. COUNCIL RESOLUTION MOVED: SECONDED: CR. COOPER CR. VAN DE VREEDE That Council sign and seal the lease between Knox City Council and Stud Road Property Pty Ltd (trading as Knox Mitsubishi) for the use of land adjacent to the western boundary of 437 Stud Road, Wantirna South for the purpose of a shared path. CARRIED 7 STRATEGIC PLANNING COMMITTEE 9 August 2011 ALL WARDS ITEM 3. NATIVE VEGETATION NET GAIN POLICY - REVIEW SUMMARY: Manager – Sustainability (Gary Topp) This report provides a three year review of Council’s Native Vegetation Net Gain Policy and seeks formal endorsement of the revised policy (attached) in line with the issues outlined below. RECOMMENDATION That Council adopt the revised Native Vegetation Net Gain Policy as shown as Attachment A to this report, noting the following key amendments from the original policy: 1. utilise funds collected under the terms of the Policy to create a reserve fund to purchase land containing existing high quality remnant vegetation rather than for revegetation purposes; 2. utilise Council’s contribution of $50,000 per annum to cover ‘net gain’ costs for single householders as a capped annual contribution to the above reserve fund; and 3. incorporate Council’s obligation to ‘off set’ its own tree removal work into existing bushland management budgets as part of future year budget considerations to achieve ‘net gain’ outcomes. 1. INTRODUCTION In 2008 Council adopted a local Net Gain Policy in response to the State Government’s Native Vegetation Framework. This policy forms part of Council’s statutory planning role. It has a simple core purpose; to prevent the ongoing loss of native vegetation in the municipality as a result of urban development and change. The Net Gain Policy is an important way that Council expresses the community’s value of a ‘green and leafy’ municipality. Current State Government guidance for the enforcement and delivery of net gain is complex and Knox City Council has joined with other Councils in a concerted approach to seeking practical solutions to the issues. Knox City Council was not only an ‘early adopter’ of the Policy but also chose to adopt a set of local interpretations that have further added to the delivery complexities. In short, we have a Policy that is proving difficult to deliver at the ‘offset’ stage. The Policy requires a pragmatic overhaul that more adequately meets the basic intent of the Policy. 8 STRATEGIC PLANNING COMMITTEE 3. 9 August 2011 Native Vegetation Net Gain Policy (cont’d) 2. DISCUSSION Council adopted a Native Vegetation Net Gain Policy in April 2008 in accordance with State Government policy. The Native Vegetation Net Gain Policy is fundamentally a policy to protect and enhance native and indigenous vegetation threatened by city development land use pressures. Native Vegetation Net Gain utilises a three stage process: Avoid – removal of remnant native vegetation. Minimise – if avoidance of remnant vegetation is not possible, minimise removal. Offset – any permitted losses where any remnant native vegetation removed would require a Net Gain offset. Where offsetting, it should be with the same ecological vegetation community (EVC) lost or one of similar or greater conservation significance. The Native Vegetation Net Gain Policy effectively forms part of Council’s Planning role and the front end of the process is managed on a day to day basis by the Statutory Planning Team. In simple terms, as planning requests for development are received, an assessment is made to ascertain whether Native Vegetation Net Gain considerations are applicable. The Policy continues to perform effectively at the assessment stage of the process and it has proved to be a workable interpretation of the State guidelines. The Policy allows the necessary identification of ‘at risk’ vegetation and provides an assessment mechanism for quantifying the required offset and associated costs. (It should be noted that on sites where 15 trees that are under 40cm diameter at breast height (DBH) or 5 trees that are over 40cm DBH are being removed, DSE also form part of the assessment process. The process itself requires an ‘offset management plan’). It is possible after three years of operation to describe the three main types of applicant that net gain applies to as: Single dwellings: typically when a private home owner wishes to extend or otherwise develop their property in such a way that it requires the removal of native vegetation including trees. Small scale developer: typically a single or consolidated lot development involving the removal of an existing property to be replaced with units/ townhouses or apartments. 9 STRATEGIC PLANNING COMMITTEE 3. 9 August 2011 Native Vegetation Net Gain Policy (cont’d) State Agencies: An example of this would be VicRoads undertaking work as part of their ongoing development of transport infrastructure in the municipality. In addition to the above, under the adopted policy Council itself is subject to Net Gain considerations when working on, for example, road reserves or other land in Council ownership. It can be concluded that Council’s current policy and the delivery mechanisms associated with it adequately identify and provide an opportunity to fulfil the ‘avoid’ and ‘minimise’ aspects of the three stage process. However, Council’s Net Gain Policy cannot be delivered in its current form at the ‘offset’ stage of the process. Again, in simple terms; this means identifying the correct land sites in the city that are suitable to be revegetated or protected to ensure they meet the Net Gain Policy requirements. As the Policy has been applied over the past three years, it has become clear that there are a number of interrelated issues that collectively contribute to making the ‘offset’ stage of the process impractical. It should be noted that considerable work and analysis, both internally and externally (including legal advice, cross municipality discussions, joint CEO letters and numerous other considerations) have occurred in the last few months to try to unravel a complex situation and arrive at a practical delivery solution for the current policy position. The following core issues continue to undermine the successful delivery of the current Policy in terms of the ‘offset’ phase: 1. It has not been possible (except in minor cases) to identify suitable land in the municipality to use for the offset. 2. Land must be protected ‘in perpetuity’. In practice this means that the land needs a form of ‘title’ or ‘zoning’ that prevents future disturbance. There is ongoing debate about whether Public Park Recreation Zone is sufficient and an inconclusive discussion about the ability to apply legal agreements. 3. Any identified land needs to meet strict habitat (EVC) criteria to ensure that the offset matches the original vegetation. 4. Any offset will need to meet a ten year audit requirement - this is likely to become more onerous as the State-wide policy matures. 10 STRATEGIC PLANNING COMMITTEE 3. 9 August 2011 Native Vegetation Net Gain Policy (cont’d) In addition to the above, Council adopted a policy with two local issues that are not required by the State Government policy: 1. Council made it a requirement to offset its own tree removal and bushfire works. Whilst it has been possible to account (quantify in ‘offset’ terms) for this work, it has not proved possible to put in place a workable delivery solution including the need to identify additional funds and suitable land. 2. Council decided not to apply charges to private single dwellings and agreed to contribute $50,000 per annum to its own Net Gain Policy reserve fund to cover these costs. In fact, ongoing analysis puts the annual figure at between $350-500,000. Notwithstanding this shortfall, it has not been possible to undertake any offsets to date for the reasons outlined above. It is proposed therefore, that as part of the scheduled three year Policy review, the following three changes to the Policy are adopted: 1. Utilise funds collected under the terms of the Policy to create a reserve fund to purchase existing land with high quality remnant vegetation rather than for revegetation purposes. 2. Utilise Council’s contribution of $50,000 per annum to cover ‘net gain’ costs for private single households as a capped annual contribution to the above reserve fund. 3. Incorporate Council’s obligation to ‘off set’ its own tree removal work into existing bushland management budgets as part of future year budget considerations to achieve ‘net gain’ outcomes. These changes represent a pragmatic approach to the delivery of the Policy moving forward and recognise the ‘on the ground’ delivery experience of the past three years work. The most significant of the three proposals, to move from ‘offset planting’ to ‘purchase’, will mark a considerable improvement in the Policy in line with its overall purpose. This approach will create greatly improved opportunities to protect and manage important existing native vegetation sites in Knox (for example Bateman’s Bush) rather than continuing to seek hard to find local sites for revegetation. This simple premise recognises that it is more important to protect what already exists rather than try to recreate it. 11 STRATEGIC PLANNING COMMITTEE 3. 9 August 2011 Native Vegetation Net Gain Policy (cont’d) 3. CONSULTATION Consultation has occurred with Councillors, the Environment Advisory Committee, the Department of Sustainability and Environment, as well as a number of staff within the organisation that have an understanding of the Native Vegetation Framework and the net gain process. 4. ENVIRONMENTAL/AMENITY ISSUES This policy will have a positive influence on environmental/biodiversity and amenity issues such as: Biodiversity Knox currently supports many rare and endangered flora and fauna species. Additional habitat loss and failure to close habitat gaps will threaten survival of endangered species and will lead to possible extinction. Pollution Trees absorb vast amounts of toxic chemicals from the air including sulphur dioxide, nitrogen dioxide, ozone, carbon dioxide and carbon monoxide. One study cites that 100 trees can remove approximately 450 kilograms of pollutants from the air and 5 tons of carbon dioxide. Trees absorb urban noise reducing background noise pollution. Greenhouse and Heat Island Effect The removal of trees from urban areas can increase the temperature in that area by up to four degrees Celsius. Removal of vegetation results in an increase in greenhouse gas. Habitat corridors By protecting remnant vegetation and strategically placing offset sites to enhance habitat corridors it will: allow movement of fauna such as birds, insects, and mammals, allow movement of pollens and propagules, improve amenity, and enhance ecological benefits. 12 STRATEGIC PLANNING COMMITTEE 3. 9 August 2011 Native Vegetation Net Gain Policy (cont’d) Amenity It can provide a unique landscape which can help define a unique Australian culture. The Knox community consistently expresses their appreciation of the “green leafy image” of the municipality. During the community consultation process for Vision 2025, 97% of the surveyed residents expressed the natural environment as very important or important. 5. FINANCIAL & ECONOMIC IMPLICATIONS The three proposed amendments to the Policy do not significantly alter the current, and previously adopted, costs for delivery. Indeed the proposed ‘capped’ approach to single dwellings provides an additional level of financial certainty. There are ongoing cost implications for the management and custodianship of bushland in the municipality and this Policy recognises that as both the complexity and number of bushland sites increases there will be an ongoing need for additional funding. 6. SOCIAL IMPLICATIONS There is a clear link between the physical and mental health of communities and that of individuals through contact with nature. Discussion regarding these benefits has previously been included in reports to Council on open space and linear corridors. Council has a role of providing positive leadership in the application of the Native Vegetation Framework to all of its activities, as part of requiring individuals to comply with the State Native Vegetation Framework, as well as actively promoting the benefits to the community of protecting biodiversity and the ‘green leafy image’. The application of a Council subsidised program to single lot residential works reinforces the concept of there being a broader community benefit derived by applying the principles of net gain being to avoid, minimise then as a last resort offset, with the offset being paid by the broader community ensuring that all residents of Knox pay for the protection of biodiversity, rather than the few who have remnant vegetation on their property. 7. RELEVANCE TO COUNCIL PLAN Protecting and enhancing the biodiversity values of Knox is a key objective of the Knox 2001 -2010 Sustainable City Plan. 13 STRATEGIC PLANNING COMMITTEE 3. 9 August 2011 Native Vegetation Net Gain Policy (cont’d) In the Community and Council Plan 2006 - 2010, under the Key Result Area of a Vibrant and Connected Community, Council’s objective of a Sustainable Natural Environment will be achieved through the following key strategies: Promote and educate communities and developers about sustainability and environmental conservation. Identify further Sites of Biological Significance and seek to protect and enhance through linking these to other sites of significance and best practice bushland management. Knox Vision 2025 aspires to no further extinctions of flora and fauna or ecological vegetation classes. 8. CONCLUSION In keeping with the above discussion a revised version of the Net Gain Policy is attached that captures the recommended changes in a pragmatic manner. This report seeks Council’s approval for these changes to provide endorsement for a revised Native Vegetation Net Gain in line with the three year review period. 9. CONFIDENTIALITY There are no matters of a confidential nature associated with this report. COUNCIL RESOLUTION MOVED: SECONDED: CR. MORTIMORE CR. GILL That Council adopt the revised Native Vegetation Net Gain Policy as shown as Attachment A to this report, noting the following key amendments from the original policy: 1. utilise funds collected under the terms of the Policy to create a reserve fund to purchase land containing existing high quality remnant vegetation rather than for revegetation purposes; 2. utilise Council’s contribution of $50,000 per annum to cover ‘net gain’ costs for single householders as a capped annual contribution to the above reserve fund with consideration to increasing the capped contribution being referred to the 2012/13 Budget Program. 3. incorporate Council’s obligation to ‘off set’ its own tree removal work into existing bushland management budgets as part of future year budget considerations to achieve ‘net gain’ outcomes. CARRIED 14 STRATEGIC PLANNING COMMITTEE Attachment A/1 9 August 2011 15 STRATEGIC PLANNING COMMITTEE Attachment A/2 9 August 2011 16 STRATEGIC PLANNING COMMITTEE Attachment A/3 9 August 2011 17 STRATEGIC PLANNING COMMITTEE Attachment A/4 9 August 2011 18 STRATEGIC PLANNING COMMITTEE Attachment A/5 9 August 2011 19 STRATEGIC PLANNING COMMITTEE Attachment A/6 9 August 2011 20 STRATEGIC PLANNING COMMITTEE Attachment A/7 9 August 2011 21 STRATEGIC PLANNING COMMITTEE Attachment A/8 9 August 2011 22 STRATEGIC PLANNING COMMITTEE 9 August 2011 COUNCILLOR VAN DE VREED VACATED THE CHAMBER AT 7.30PM DURING DISCUSSION ON ITEM 4 COUNCILLOR VAN DE VREEDE RETURNED TO THE CHAMBER AT 7.33PM DURING DISCUSSION ON ITEM 4 COUNCILLOR WALTER VACATED THE CHAMBER AT 7.35PM DURING DISCUSSION ON ITEM 4 COUNCILLOR WALTER RETURNED TO THE CHAMBER AT 7.40PM DURING DISCUSSION ON ITEM 4 DINSDALE WARD ITEM 4. BAYSWATER TRIANGLE MASTER PLAN SUMMARY: Nicole Vickridge (Coordinator – Strategic Planning) On the 14 June 2011 Council deferred consideration of this report to enable amendments to be made to the Master Plan – these amendments have now been made. The Bayswater Triangle Master Plan details the preferred future land uses and built form for the Bayswater Triangle. The triangle is defined by Scoresby Road, Mountain Highway, and Station Street in Bayswater. The Master Plan was identified as an initiative of the adopted Structure Plan (Bayswater 2020). The Master Plan is consistent with the Structure Plan, and takes the recommendations of the Structure Plan to a greater level of detail for this area. The Master Plan will provide guidance for use and development within the Triangle. RECOMMENDATION That Council: 1. Endorse the Bayswater Triangle Master Plan (February 2011) and option C contained there in as the preferred option. 2. Note the Bayswater Triangle Master Plan (February 2011) will be used to guide use and development within the Triangle as an approved Master Plan under Clause 22.05 (Bayswater Major Activity Centre including key redevelopment sites) of the Knox Planning Scheme. 3. Provide a copy of the endorsed Bayswater Triangle Master Plan (February 2011) to all owners and occupiers in the Bayswater Triangle for their reference. 23 STRATEGIC PLANNING COMMITTEE 4. 9 August 2011 Bayswater Triangle Master Plan (cont’d) 1. INTRODUCTION This report was previously presented to the Strategic Planning Committee on 14 June 2011. At this meeting Council resolved to defer consideration of the Bayswater Triangle Master Plan, to enable amendments to be made to the Plan in accordance with previous discussions held at the working group meetings. These amendments (which specifically show Station Street as the preferred location for the Bayswater Library and Multipurpose Community Facility in Option C) have been made to the Master plan and are reflected in Appendix B (Master plan options). The Bayswater Triangle Master Plan February 2011 (‘The Master Plan’) was prepared to detail preferred future land uses and built forms for the Bayswater Triangle prior to any major development. The triangle is defined by Scoresby Road, Mountain Highway, and Station Street in Bayswater (refer to Appendix A). At present the Triangle is dominated by car parking and the railway line forms a strong barrier between Station Street and the rest of the site. Commercial premises and advertising dominate the character of the site from a number of viewpoints, particularly facing the high volumes of traffic along Scoresby Road and Mountain Highway. The adopted Structure Plan (Bayswater 2020) encourages use of this area for: ‘community facilities, entertainment, bulky goods and education uses’. The Structure Plan identifies the need for a Master Plan to provide further detail on how the area should be used and developed in order to maximise opportunities within this site and respond to other actions including development of the Bayswater Library and Multipurpose Community Facility, and investigations into the feasibility of placing the railway underground. Hard copies of the full Master Plan have been placed in the Councillors suite and the Master Plan is available on the Council website (search ‘Bayswater 2020’). Further hard copies of the Master Plan are also available on request to the Strategic Planning team. 2. DISCUSSION The Master Plan provides an opportunity to improve the functionality of the Triangle site and improve access to and within the site. The Triangle site should be active and vibrant with a real sense of identity, and an improved public realm - a place where people want to work and socialise. One of the strengths of the Master Plan is a detailed site analysis. This includes information on: existing conditions; opportunities and constraints; and the planning context. 24 STRATEGIC PLANNING COMMITTEE 4. 9 August 2011 Bayswater Triangle Master Plan (cont’d) The Master Plan highlights the assets of the Triangle site and opportunities to build on and strengthen these. Assets include: access to public transport (the station and the bus interchange); views to the Dandenong Ranges and existing native vegetation. There are opportunities to improve links to nearby open space and recreation facilities; make better use of internal space (reducing the visual dominance of car parking within the site); and link the station to the retail core on the other side of Station Street. A detailed market analysis is included as an Appendix to the Master Plan and was critical in informing the mix of land uses and building massing. The Master Plan outlines three possible development scenarios for the future use and development of the Triangle Site - consistent with the adopted Structure Plan. All of the options include a mix of land uses and proposals to realign the internal road network. The three options include different assumptions regarding the future location of the Bayswater Hotel (within the site) and realignment of railway infrastructure. Option A assumes the Bayswater Hotel is relocated to the corner of Mountain Highway and Scoresby Road. Central to this option is a pedestrian bridge over the railway line close to the station improving access to the site, creating space for a plaza adjacent to the preferred location of the Bayswater Library and Multipurpose Community Facility. Option B assumes the Bayswater Hotel remains in its current location – with opportunities for expansion to include a conference centre. Similar to option A this option includes a pedestrian bridge over the railway line close to the station improving access to the site, creating space for a plaza adjacent to the preferred location of the Bayswater Library and Multipurpose Community Facility. Option C is dependent on major modifications to the railway line and station, including placing the railway line and station underground and relocating the rail maintenance facility. This maximises the links, and access between the retail core and the Triangle Site. This option also assumes the Bayswater Hotel is relocated to the corner of Mountain Highway and Scoresby Road. The location for a public plaza and open space is reconfigured further to the west and Station Street remains the preferred location for the Bayswater Library and Multipurpose Community Facility. Realisation of Option C also requires the relocation of the Knox Community Arts Centre from the Triangle Site. Planning for a new Arts Centre is part of the Knox Central Investment and Development Program. The Master Plan report recommends staged implementation working towards the preferred option C (which includes undergrounding the railway line). The three options are included in Appendix B. 25 STRATEGIC PLANNING COMMITTEE 4. 9 August 2011 Bayswater Triangle Master Plan (cont’d) Part of the aspirational vision for this site – which was a driver in the creation of the Master Plan was to lower the railway line and place the train station underground to maximise development opportunities and improve the connections between the Triangle site and the retail core. Since the Master Plan was finalised the State Government has committed $16.5 million for planning work on level crossing removal on ten of the busiest level crossings. This includes funding for planning the removal of level crossings at Mountain Highway and Scoresby Road, Bayswater. The Master Plan supports removal of these level crossings and should be used to inform this planning process. The Master Plan is an aspirational document and delivery of the preferred option C will require significant investment from the private sector and the State Government to deliver substantial upgrades to transport infrastructure. The Master Plan will be used to guide decisions on future development within the Triangle site. A planning scheme amendment is not required to implement the Master Plan. Local Planning policy Clause 22.05 (Bayswater Major Activity Centre including key redevelopment sites) identifies a number of key redevelopment sites within the Bayswater Activity Centre to act as catalysts for attracting investment and development. Site ‘F’ includes the Bayswater Triangle site. Under this clause, use and development within the site should be guided by an approved Master Plan. The Bayswater Triangle Master Plan will form the approved Master Plan and will be used to guide use and development within the Triangle site. 3. CONSULTATION Discussions with key stakeholders were held in the preliminary stages of preparing the Master Plan. These discussions provided valuable input to the appreciation of the preferred opportunities and outcomes that arise from the current mix of activities in the site. The former Committee for Bayswater identified a need for the Triangle site to be better integrated with the Bayswater Activity Centre. In the long term, the Committee advocated that the railway line and station be lowered, removing rail crossings that create traffic congestion in the area to the detriment of the amenity of the activity centre. This would create opportunities for retail and office development above the rail line and new pedestrian links between the activity centre and the Triangle site. The Committee proposed that the activity centre have a focal point and a civic square on the corner of Mountain Highway and Station Street. Views to the Dandenong hills should be retained. The Committee supported further office development and restricted retail development in the Triangle site to provide additional employment opportunities and to broaden the range of services available to people visiting Bayswater. The Committee also supported locating a multi-purpose facility in the Triangle site; and acknowledged that the CFA wish to remain within the Triangle site. 26 STRATEGIC PLANNING COMMITTEE 4. 9 August 2011 Bayswater Triangle Master Plan (cont’d) Vic Track is a key landowner and stakeholder in the centre. Their interests include the on-going operation of the rail station and the convenient provision of commuter car parking and the operations of the train maintenance centre. The provision of a multipurpose community facility - including a library - is earmarked in the Bayswater Structure Plan for a central location in the activity centre, with high accessibility to public transport. The multi-purpose facility report (January 2010) concluded there is strong demand for community meeting spaces and services in Bayswater which respond to social isolation and socio-economic disadvantage. The preferred site for the Bayswater Library and Multipurpose Community Facility is on Station Street close to the entrance to the Station. The owner and operators of the Bayswater Hotel were consulted during the development of the Master Plan. They have indicated that they may consider the redevelopment of the Hotel. The CFA provided feedback on a draft Master Plan report and have indicated a preference to remain within the Triangle site. All options within the Master Plan do not preclude the CFA remaining on site. Implementation of the Master Plan will require an integrated approach by the stakeholders that have an interest in the Triangle site. With numerous landholders within the Triangle site implementation of the Master Plan will require further communication and collaboration with both land owners and a range of government departments and authorities including the Department of Transport; Department of Sustainability and Environment (Crown Land); Department of Transport; and Vic Track. 4. ENVIRONMENTAL/AMENITY ISSUES All of the options within the Master Plan seek to protect and enhance existing native vegetation (a recognised asset of the site) with the aim of retaining a ‘leafy’ open feel on the site, complementing the existing character (characterised by mature native vegetation and views to the Dandenongs) and the proposed ‘Bush Boulevard’ treatment along Mountain Highway. The preferred Master Plan option C includes lowering the railway line and station. These improvements have the potential to support greater use of public transport and enhance the attractiveness of Bayswater Station. 5. FINANCIAL & ECONOMIC IMPLICATIONS The Master Plan was delivered within the project budget of $48,000. The Master Plan will be used to guide use and development within the Triangle. This can occur within existing strategic planning budgets. 27 STRATEGIC PLANNING COMMITTEE 4. 9 August 2011 Bayswater Triangle Master Plan (cont’d) 6. SOCIAL IMPLICATIONS The Bayswater Structure Plan sets out a number of objectives under the heading of ‘Vibrant Community Spaces’. Many of the actions listed will occur within the Triangle site; and these are reflected within the Master Plan. The preferred site for the Bayswater Library and Multipurpose Community Facility (on Station Street close to the entrance to the Station) is within the Triangle site; and the Master Plan reflects this. The preferred Master Plan option C includes lowering the railway line and station. An upgraded public transport interchange will provide a focal point for the community, and become an important gateway into the activity centre. These improvements will support greater use of public transport and enhance the attractiveness of Bayswater Station. 7. RELEVANCE TO COUNCIL PLAN The Bayswater Master Plan February 2011 will contribute to a number of themes within the Council plan including: 8. Healthy, connected communities - through improvements to accessibility; Culturally rich & active communities – through identification of possible locations for the Bayswater multi-purpose hub within the Bayswater Triangle; Accessible transport choices - through supporting advocacy for improved integrated transport options for the Knox community – specifically undergrounding of the railway line at Bayswater Road; Sustainable natural environment – through recognising and seeking to protect environmental assets (Vegetation) within the Bayswater Triangle; Attractive and vibrant places – through supporting implementation of the Bayswater Structure Plan; and supporting and encouraging appropriate high quality built form within the Bayswater Triangle; and A prosperous and modern economy – through creating an attractive and vibrant environment; and encouraging improved links between public transport to employment precincts – through undergrounding of the railway line at Bayswater Road. CONCLUSION The Bayswater Triangle Master Plan provides an opportunity to improve the functionality of the Triangle site and improve access to and within the site. The Master Plan provides detailed guidance on the preferred use and development for a key redevelopment site identified in the Bayswater Structure Plan. 28 STRATEGIC PLANNING COMMITTEE 4. 9 August 2011 Bayswater Triangle Master Plan (cont’d) The preferred Master Plan option C is dependent on major modifications to the railway line and station, including placing the railway line and station underground and relocating the rail maintenance facility. The Master Plan should be used to inform the planning for this. Option C also assumes relocation of the Knox Community Arts Centre from the Triangle Site. The provision of a multipurpose community facility - including a library is earmarked in the Bayswater Structure Plan for a central location in the activity centre. The Master Plan builds on this and identifies the preferred site for the Bayswater Multipurpose Community Facility is on Station Street close to the entrance to the Station (informed by a detailed report on the multi-purpose facility report). Endorsing the Bayswater Triangle Master Plan will mean that it will be used to guide use and development within the Triangle site. 9. CONFIDENTIALITY There are no matters of a confidential nature associated with this report. COUNCIL RESOLUTION MOVED: SECONDED: CR. GILL CR. MORTIMORE That Council: 1. Endorse the Bayswater Triangle Master Plan (February 2011) and option C contained there in as the preferred option. 2. Note the Bayswater Triangle Master Plan (February 2011) will be used to guide use and development within the Triangle as an approved Master Plan under Clause 22.05 (Bayswater Major Activity Centre including key redevelopment sites) of the Knox Planning Scheme. 3. Provide a copy of the endorsed Bayswater Triangle Master Plan (February 2011) to all owners and occupiers in the Bayswater Triangle for their reference. CARRIED 29 STRATEGIC PLANNING COMMITTEE Appendix A Map of the Bayswater Triangle 9 August 2011 30 STRATEGIC PLANNING COMMITTEE Appendix B/1 Master Plan options 9 August 2011 31 STRATEGIC PLANNING COMMITTEE Appendix B/2 Master Plan options 9 August 2011 32 STRATEGIC PLANNING COMMITTEE Appendix B/3 Master Plan options 9 August 2011 33 STRATEGIC PLANNING COMMITTEE Appendix B/4 Master Plan options 9 August 2011 34 STRATEGIC PLANNING COMMITTEE Appendix B/5 Master Plan options 9 August 2011 35 STRATEGIC PLANNING COMMITTEE Appendix B/6 Master Plan options 9 August 2011 36 STRATEGIC PLANNING COMMITTEE Appendix B/7 Master Plan options 9 August 2011 37 STRATEGIC PLANNING COMMITTEE Appendix B/8 Master Plan options 9 August 2011 38 STRATEGIC PLANNING COMMITTEE Appendix B/9 Master Plan options 9 August 2011 39 STRATEGIC PLANNING COMMITTEE Appendix B/10 Master Plan options 9 August 2011 40 STRATEGIC PLANNING COMMITTEE Appendix B/11 Master Plan options 9 August 2011 41 STRATEGIC PLANNING COMMITTEE Appendix B/12 Master Plan options 9 August 2011 42 STRATEGIC PLANNING COMMITTEE Appendix B/13 Master Plan options 9 August 2011 43 STRATEGIC PLANNING COMMITTEE Appendix B/14 Master Plan options 9 August 2011 44 STRATEGIC PLANNING COMMITTEE Appendix B/15 Master Plan options 9 August 2011 45 STRATEGIC PLANNING COMMITTEE Appendix B/16 Master Plan options 9 August 2011 46 STRATEGIC PLANNING COMMITTEE Appendix B/17 Master Plan options 9 August 2011 47 STRATEGIC PLANNING COMMITTEE Appendix B/18 Master Plan options 9 August 2011 48 STRATEGIC PLANNING COMMITTEE Appendix B/19 Master Plan options 9 August 2011 49 STRATEGIC PLANNING COMMITTEE Appendix B/20 Master Plan options 9 August 2011 50 STRATEGIC PLANNING COMMITTEE Appendix B/21 Master Plan options 9 August 2011 51 STRATEGIC PLANNING COMMITTEE Appendix B/22 Master Plan options 9 August 2011 52 STRATEGIC PLANNING COMMITTEE Appendix B/23 Master Plan options 9 August 2011 53 STRATEGIC PLANNING COMMITTEE Appendix B/24 Master Plan options 9 August 2011 54 STRATEGIC PLANNING COMMITTEE Appendix B/25 Master Plan options 9 August 2011 55 STRATEGIC PLANNING COMMITTEE Appendix B/26 Master Plan options 9 August 2011 56 STRATEGIC PLANNING COMMITTEE Appendix B/27 Master Plan options 9 August 2011 57 STRATEGIC PLANNING COMMITTEE Appendix B/28 Master Plan options 9 August 2011 58 STRATEGIC PLANNING COMMITTEE Appendix B/29 Master Plan options 9 August 2011 59 STRATEGIC PLANNING COMMITTEE Appendix B/30 Master Plan options 9 August 2011 60 STRATEGIC PLANNING COMMITTEE Appendix B/31 Master Plan options 9 August 2011 61 STRATEGIC PLANNING COMMITTEE Appendix B/32 Master Plan options 9 August 2011 62 STRATEGIC PLANNING COMMITTEE Appendix B/33 Master Plan options 9 August 2011 63 STRATEGIC PLANNING COMMITTEE Appendix B/34 Master Plan options 9 August 2011 64 STRATEGIC PLANNING COMMITTEE MEETING CLOSED AT 7.41PM Minutes of Meeting confirmed at the Ordinary Meeting of Council held on Tuesday 23 August 2011 ………………………………… Chairman 9 August 2011