MELTON CITY COUNCIL Minutes of the Ordinary Meeting of the Melton City Council 5 March 2013 THESE MINUTES CONTAIN REPORTS DEALT WITH AT A CLOSED MEETING OF COUNCIL MINUTES OF THE ORDINARY MEETING OF COUNCIL 5 MARCH 2013 TABLE OF CONTENTS 1. OPENING PRAYER AND RECONCILIATION STATEMENT 4 2. APOLOGIES AND LEAVE OF ABSENCE 4 3. DECLARATION OF ANY PECUNIARY INTEREST, OTHER INTEREST CONFLICT OF INTEREST OF ANY COUNCILLOR OR 4 4. ADOPTION AND CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS 4 5. PETITIONS AND JOINT LETTERS 4 6. RESUMPTION OF DEBATE OR OTHER BUSINESS CARRIED OVER FROM A PREVIOUS MEETING 5 7. PUBLIC QUESTION TIME 5 8. PRESENTATION OF STAFF REPORTS 6 8.1 AUTHORISING OF AFFIXING THE COMMON SEAL OF COUNCIL 6 For Council to adopt the schedule of documents (Appendix 1) requiring the Common seal of Council. 8.2 POLICY REVIEW PANEL MINUTES 8 This report presents to Council Minutes of the Policy Review Panel meeting held on 6 February 2013 for adoption of the Committees recommendations. 8.3 MINUTES OF THE MUNICIPAL AUDIT COMMITTEE HELD 13 FEBRUARY 2013 10 To advise Council of the minutes of the Municipal Audit Committee meeting held on 13 February 2013 and recommends actions emanating from the minutes. 8.4 SUBURB NAMING ADVISORY COMMITTEE TERMS OF REFERENCE 12 To seek the establishment of the Suburb Naming Advisory Committee and the attendant Terms of Reference in order to advance the formation and naming of eleven new localities as previously directed by Council resolution. 8.5 COUNCIL BEAUTIFICATION UNIT 15 To detail the financial and staffing implications of creating a Council Beautification Unit to focus on beautification and the rejuvenation of the older areas of the City of Melton, with a focus on issues such as graffiti, tree planting, line marking and working with local business and residents to support and maintain a clean and vibrant city, as requested via Notice of Motion No. 329 adopted at the Council Meeting of 15 November 2012. Page 1 of 64 MINUTES OF THE ORDINARY MEETING OF COUNCIL 5 MARCH 2013 8.6 DEVELOPMENT PLAN OVERLAY REVIEW 19 To inform Council of a review conducted on the Development Plan Overlay in the Melton Planning Scheme. 8.7 CONSIDERATION OF PLANNING PANEL RECOMMENDATIONS IN REGARDS TO PLANNING SCHEME AMENDMENT C91 - CAROLINE SPRINGS TOWN CENTRE AND PLANNING SCHEME AMENDMENT C112 - BURNSIDE SHOPPING CENTRE 22 To consider the Planning Panel’s recommendations for Amendments C91 (Caroline Springs Town Centre) and C112 (Burnside Shopping Centre) to the Melton Planning Scheme. 8.8 PLANNING AMENDMENT C141 - RE-ALIGNMENT OF THE BOUNDARY URBAN FLOODWAY ZONE AT 868-898 MELTON HIGHWAY, HILLSIDE OF THE 31 To consider a request to amend the Melton Planning Scheme to reduce the extent of the Urban Floodway Zone on the land – which has approval for residential subdivision. 8.9 PLANNING SCHEME AMENDMENT C140 - SITE SPECIFIC EXCLUSION INDUSTRIAL AND RETAIL USES AT 2 - 50 MESKOS ROAD, ROCKBANK FOR 35 To consider a request to amend the Melton Planning Scheme to allow the development of a Concrete Batching Plant, expanded Rock Crushing Facility and Garden Supplies use at 2-50 Meskos Road, Rockbank 8.10 METROPOLITAN PLANNING STRATEGY DISCUSSION PAPER 40 To allow Council to consider its submission to the Minister for Planning in relation to the ‘Melbourne let’s talk about the future’ a Metropolitan Planning Strategy Discussion Paper. 8.11 COURTHOUSE PLAZA STREETSCAPE RENEWAL - CONSULTATION RESULTS 43 AND THE WAY FORWARD To detail the results of the public consultation and propose a way forward for the detailed design for future improvements to the Courthouse Plaza, Melton. 8.12 DOMESTIC ANIMAL MANAGEMENT PLAN REVIEW 47 For Council to consider the Domestic Animal Management Plan. The Draft plan provides strategic direction for the next four years. 9. REPORTS OF COMMITTEES 10. REPORTS BODIES FROM DELEGATES APPOINTED 52 BY COUNCIL 10.1 PRESENTATION OF WRITTEN AND VERBAL REPORTS THEIR ROLE AS DELEGATES TO OTHER BODIES TO OTHER 53 FROM COUNCILLORS IN 53 Page 2 of 64 MINUTES OF THE ORDINARY MEETING OF COUNCIL 5 MARCH 2013 10.2 PARLIAMENTARIAN AND DEPARTMENTAL LETTERS RECEIVED BY THE MAYOR The Hon Terry Mulder MP, Minister for Public Transport – Melton Railway Station. The Hon David Davis MP, Minister for Health – Growth and associated health care needs in Melbourne’s West. 10.3 RECORD OF ASSEMBLY OF COUNCILLORS ATTACHED TO THIS AGENDA IN ACCORDANCE WITH SECTION 80A(1) OF THE LOCAL GOVERNMENT ACT 1989 12 February 2013 19 February 2013 26 February 2013 54 55 11. NOTICES OF MOTION 56 12. COUNCILLOR’S QUESTIONS WITHOUT NOTICE 56 13. MOTIONS WITHOUT NOTICE 56 14. URGENT BUSINESS 56 15. CONFIDENTIAL BUSINESS 57 15.1 MINUTES OF THE AUDIT COMMITTEE MEETING CONFIDENTIAL ITEMS HELD 13 FEBRUARY 2013 58 This report advises Council of the “in-camera” minutes of the Municipal Audit Committee meeting held on 13 February 2013 and recommends actions emanating for the minutes. 15.2 CONTRACT 13/032 FOR COMMUNITY CENTRE THE DESIGN OF THE ATHERSTONE CHILDREN’S & 59 To seek Council’s approval to award Contract 13/032 for the design of the Atherstone Children’s & Community Centre. 15.3 PROPERTY DEVELOPMENT ADVISORY COMMITTEE (PDAC) MEETING 26 60 To consider the minutes of the Property Development Advisory Committee from 12 February 2013 (meeting number 26). 15.4 ENVIRONMENTAL ENHANCEMENT POLICY (EEP) 2012 COMPLIANCE REPORT 61 To inform Council of the outcome of the 2012 Environmental Enhancement Policy, advise Council that the owners of 43 properties have not complied with the 2012 Environmental Enhancement Policy requirements and seek Council approval to issue these property owners with supplementary rates notices. 16. CLOSE OF BUSINESS 62 Page 3 of 64 MINUTES OF THE ORDINARY MEETING OF COUNCIL 5 MARCH 2013 MELTON CITY COUNCIL MINUTES OF THE ORDINARY MEETING OF THE MELTON CITY COUNCIL HELD IN THE COUNCIL CHAMBER, CIVIC CENTRE, 232 HIGH STREET, MELTON ON 5 MARCH 2013 AT 7.06PM Present: Cr K.Majdlik (Mayor) Cr B.Turner (Deputy Mayor) Cr B.Borg Cr L.Carli Cr R.Cugliari Cr N.Dunn Cr S.Ramsey Mr K.Tori, Chief Executive Officer Mr P.Bean, General Manager Corporate Services Ms C.Crameri, Acting General Manager Community Services Mr B.Luxford, Acting General Manager Planning and Development Mr B.Baggio, Manager Planning Mr D.Hogan, Manager Customer Engagement Ms A.Raijer, Communications Coordinator 1. OPENING PRAYER AND RECONCILIATION STATEMENT The Mayor, Cr Majdlik read the opening prayer and reconciliation statement. 2. APOLOGIES AND LEAVE OF ABSENCE Nil. 3. DECLARATION OF ANY PECUNIARY INTEREST, OTHER INTEREST OR CONFLICT OF INTEREST OF ANY COUNCILLOR Cr Borg declared a conflict of interest in report number 8.1 – Authorising of Affixing the Common Seal of Council and had advised the Chief Executive Officer prior to the commencement of the meeting. 4. ADOPTION AND CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS Crs Turner/Ramsey. That the Minutes of the Ordinary Meeting of Council held on 5 February 2013 be confirmed as a true and correct record. CARRIED 5. PETITIONS AND JOINT LETTERS Nil. Page 4 of 64 MINUTES OF THE ORDINARY MEETING OF COUNCIL 6. 5 MARCH 2013 RESUMPTION OF DEBATE OR OTHER BUSINESS CARRIED OVER FROM A PREVIOUS MEETING Nil. 7. PUBLIC QUESTION TIME Name Question asked of Council N Miles Inquiry in regards to community owned buildings hire fees for not for profit community groups. Yarney Van Liempd Inquiry in relation to Planning Scheme Amendment C140 - site specific exclusion for Industrial and Retail uses at 2-50 Meskos Road, Rockbank. Paul Rumpf Photograph of Queen Elizabeth the Second, Heirs and Successors in the Council Chamber. David O’Connor Request to consider joining neighbouring cities Hume and Moonee Valley in supporting the annual Garage Sale Trail. David O’Connor Advocate for staffing levels to service demand at the Diggers Rest Station. Yarney Van Liempd Inquiry in relation to Planning Scheme Amendment C140 - site specific exclusion for Industrial and Retail uses at 2-50 Meskos Road, Rockbank. Andrew Antoniou Inquiry in relation to Planning Scheme Amendment C140 - site specific exclusion for Industrial and Retail uses at 2-50 Meskos Road, Rockbank. Andrew Antoniou Request for information in regards to cutting down of historical trees on Grey’s Road. A Touvanna Inquiry in relation to the Meeting Procedure Local Law (2004). Allen Fairweather Planning Amendment C141 regarding alignment of the boundary of the urban floodway zone at 868-898 Melton Highway, Hillside. A Touvanna Inquiry in relation to the Wilderness Society Association. J Southall Inquiry in relation to Graffiti removal. Page 5 of 64 MINUTES OF THE ORDINARY MEETING OF COUNCIL 8. 8.1 5 MARCH 2013 PRESENTATION OF STAFF REPORTS AUTHORISING OF AFFIXING THE COMMON SEAL OF COUNCIL Author: Christie Shields- Governance Officer Presenter: Peter Bean- General Manager Corporate Services Cr Borg having declared a conflict of interest in item 3 in the Agenda, left the chamber at 7.31pm. PURPOSE OF REPORT For Council to adopt the schedule of documents (Appendix 1) requiring the Common seal of Council. RECOMMENDATION: That the Council Seal be affixed to the documentation as detailed in the Schedule for Authorising of Affixing of the Common Seal of Melton City Council dated 5 March 2013 and appended to this report. (Appendix 1) Crs Ramsey/Turner. That the recommendation be adopted. CARRIED Cr Borg returned to the chamber at 7.32pm. REPORT 1. Executive Summary Documents requiring the Common Seal of Council to be affixed are detailed in (Appendix 1). 2. Background/Issues Use of the Council Seal is required where Council as a body corporate is required to acquit a document or agreement for the purpose of performing its functions and exercising its powers. The Local Government Act 1989 prescribes that a Council must have a common seal, and that the common seal must – (a) Bear the name of the Council (which name may refer to the inhabitants of the municipal district) and any other word, letter, sign or device the Council determines should be included; and (b) Be kept at the Council office; and (c) Be used in accordance with the local laws of the Council. Council’s Meeting Procedure Local Law 2004 prescribes the use of Council’s Common Seal and the authorized officers who have the authority to sign every document to which the common seal is affixed. Page 6 of 64 MINUTES OF THE ORDINARY MEETING OF COUNCIL 3. 5 MARCH 2013 Council Plan Reference and Policy Reference The Melton Shire Council 2009-2013 Council Plan refers to the need to: Management and control of the use of the Council seal is an important element of ensuring good governance. 4. Financial Considerations There are no financial considerations relating to the use of the Council Seal. 5. Consultation/Public Submissions Not applicable. 6. Risk Analysis Ensuring that the Council Seal is only affixed in accordance with a resolution of Council controls the potential risk of the seal being incorrectly affixed to a document. 7. Options Not applicable. LIST OF APPENDICES 1. Schedule for Authorising of Affixing The Common Seal Page 7 of 64 MINUTES OF THE ORDINARY MEETING OF COUNCIL 8.2 5 MARCH 2013 POLICY REVIEW PANEL MINUTES Author: Liz Pace- Executive Assistant Presenter: Peter Bean- General Manager Corporate Services PURPOSE OF REPORT This report presents to Council Minutes of the Policy Review Panel meeting held on 6 February 2013 for adoption of the Committees recommendations. RECOMMENDATION: That :1. The unconfirmed minutes of the Policy Review Panel Meeting of 6 February 2013 be noted. 2. Council adopt the recommendations of the Committee as detailed in the Minutes appended to this report. Crs Ramsey/Cugliari. That the recommendation be adopted. Cr Majdlik called for a division of Council. For: Crs Borg, Cugliari, Dunn, Majdlik, Ramsey and Turner. Against: Nil. Abstained: Cr Carli. The Mayor declared the division CARRIED REPORT 1. Executive Summary The Policy Review Panel considered: Resource Support and Expenses of Councillors and Special Committee Members Policy Suburb Naming Advisory Committee terms of Reference 2. Background/Issues Council established a “Policy Review Panel” to review existing Council policy and formulate new policies in new areas identified by Council as requiring appropriate policy consideration. The panel is an Advisory Committee which meets monthly and presents its recommendations to the Council for adoption. A copy of the Minutes of the meeting held on 6 February 2013 is attached as Appendix 1 to this report. Page 8 of 64 MINUTES OF THE ORDINARY MEETING OF COUNCIL 5 MARCH 2013 The policies as proposed largely reflect what was the pre-existing practice in relation to these matters and therefore are not viewed as containing any major issues for Council. 3. Council Plan Reference and Policy Reference The Melton City Council 2009-2013 Council Plan refers to the need to: Practice good governance, social, economic and environmental responsibility. 4. Financial Considerations There are no financial implications associated with the recommendations of the Committee as contained in the Minutes. 5. Consultation/Public Submissions The Policy Review Panel is an Advisory Committee of Council and where public consultation and or submissions are identified as being appropriate the Committee would recommend an appropriate consultation process to Council for endorsement. 6. Risk Analysis Maintaining up to date policies within an organisational framework assists Council in controlling risk. 7. Options Policy Review Panel is an Advisory Committee of Council and Council therefore has the discretion to accept/reject or amend its recommendations as Council deems appropriate. LIST OF APPENDICES 1. Policy Review Minutes 6 February 2013 2. Resource support and Expenses of Councillors and Special Committee Page 9 of 64 MINUTES OF THE ORDINARY MEETING OF COUNCIL 5 MARCH 2013 Procedural Motion Crs Ramsey/Turner. That recommendations as printed in items 8.3, 8.6 and 8.8 be adopted in block. CARRIED 8.3 MINUTES OF THE MUNICIPAL AUDIT COMMITTEE HELD 13 FEBRUARY 2013 Author: Cheryl Santoro- Senior Administration Officer Presenter: Peter Bean- General Manager Corporate Services PURPOSE OF REPORT To advise Council of the minutes of the Municipal Audit Committee meeting held on 13 February 2013 and recommends actions emanating from the minutes. RECOMMENDATION: That:1. The unconfirmed minutes of the Municipal Audit Committee of 13 February 2013 be noted. 2. Council endorse the recommended actions as detailed in the minutes of the Municipal Audit Committee meeting held on 13 February 2013. Crs Ramsey/Turner. That the recommendation be adopted. CARRIED REPORT 1. Executive Summary The unconfirmed minutes of the Audit Committee meeting held on 13 February 2013 are appended to this report as Appendix 1. The Committee considered various issues in relation to risk, financial management and governance and the minutes contain recommendations for the consideration of Council. 2. Background/Issues It is a requirement within the terms of Reference of the Municipal Audit Committee to meet and report its decisions and recommendations to the Council for consideration. Issues discussed and recommendations made by the Committee are noted in the minutes for action by both individuals and Council. 3. Council Plan Reference and Policy Reference The Melton Shire Council 2009-2013 Council Plan refers to the need to: Practice good governance, social, economic and environmental responsibility Page 10 of 64 MINUTES OF THE ORDINARY MEETING OF COUNCIL 4. 5 MARCH 2013 Financial Considerations A provision has been provided in this year’s budget for the remuneration on a fee per meeting basis for independent members of the Committee, with an optional additional amount paid to the Chairperson. 5. Consultation/Public Submissions The Municipal Audit Committee consists of Councillor Majdlik, Councillor Ramsey and three independent external audit members Mr Alan Hall as Chairperson, Mr Mark Holloway and Mr Adam Roberts. 6. Risk Analysis Not applicable. 7. Options The Audit Committee is an advisory committee of Council, and Council therefore has the discretion to accept, reject or amend its recommendations. LIST OF APPENDICES 1. Audit Committee Minutes Page 11 of 64 MINUTES OF THE ORDINARY MEETING OF COUNCIL 8.4 5 MARCH 2013 SUBURB NAMING ADVISORY COMMITTEE TERMS OF REFERENCE Author: Daniel Hogan- Customer Engagement Manager Author: Tracy Spiteri- Governance Coordinator Presenter: Peter Bean- General Manager Corporate Services PURPOSE OF REPORT To seek the establishment of the Suburb Naming Advisory Committee and the attendant Terms of Reference in order to advance the formation and naming of eleven new localities as previously directed by Council resolution. RECOMMENDATION: That Council; a) establish the Suburb Naming Advisory Committee and; b) adopt the Terms of Reference attached as Appendix 1. Motion Crs Ramsey/Dunn. That Council; a) establish the Suburb Naming Advisory Committee; b) adopt the Terms of Reference attached as Appendix 1 and; c) appoint Cr Ramsey as Deputy Chair, and Crs Carli and Dunn as Councillor representatives. CARRIED REPORT 1. Executive Summary Council formally resolved at the Ordinary Council Meeting of 20 September 2012 to proceed with the necessary process to establish eleven new suburbs within the municipality, and to adopt an accompanying community engagement strategy to develop naming proposals. The establishment of the Suburb Naming Advisory Committee will be a key strategy in advancing this Council directive, and to meet the requirements and guidelines of the Office of Geographic Names (OGN), who are ultimately responsible for accepting any changes to existing suburban boundaries and names. The Suburb Naming Advisory Committee will be primarily charged with offering specialist advice and recommendations to inform the development of suburb name shortlists for consideration by Council, but will also accept submissions received for potential suburb names during the public consultation phase. Page 12 of 64 MINUTES OF THE ORDINARY MEETING OF COUNCIL 5 MARCH 2013 Membership of the Committee is based on direct invitation of key stakeholder groups and relevant subject matter experts, with an expression of interest process to select general community representation. The Chairperson and Deputy Chairperson will be the Mayor and a second Councillor respectively. The Terms of Reference for the Committee are set out in Appendix 1 and were endorsed by the Policy Review Panel on Wednesday 6 February 2013. 2. Background/Issues Currently the second fastest growing municipality in Australia with an annual growth rate of approximately 5.6%, exceptional and ongoing urban growth in the City of Melton has created a requirement for the formation and naming of new suburbs. According to the Guidelines for Geographic Names 2010, “Municipal Councils play an important role in ensuring that localities in all areas of Victoria are properly defined and named. With increases in the Victorian population there are new residential and business areas being developed on a regular basis. Councils should ensure that they regularly review their locality boundaries and assess whether they adequately define the existing situation. If major developments considered to be unique to an area are proposed, for example a set of subdivisions readily distinguishable from the surrounding landscape, municipal councils should consider creating a new locality. The benefits of creating a new locality relate to allowing the area’s residents and businesses to use a unique name for addressing purposes.” It is clear that these conditions for action currently exist in Melton City, which will continue to experience significant growth over the next 20 years. Several established or planned Precinct Structure Plans (PSPs) will see significant residential development with Principal Activity Centre’s (PACs) and Major Activity Centre’s (MACs) to the north and south of Melton township, the Rockbank and Plumpton areas. The formal process to apply for adjustments to suburb boundaries and names is set out in great detail in the Guidelines for Geographic Names 2010, and the key principles for consideration, inclusion or exclusion are; Language, Public interest, Public safety, Duplication, Directional naming, Assignation, Linking name to place, Commemoration, Commercial interests, Discrimination, and Indigenous recognition. Particularly important in the process is the appropriate engagement of the local community and key stakeholders to alert them of the proposal, allow time to receive objections, and to inform the eventual naming of the newly established suburbs. The establishment of the Committee will help serve this purpose, which will also be supported by a wider engagement strategy that was previously endorsed by Council. 3. Council Plan Reference and Policy Reference The Melton Shire Council 2009-2013 Council Plan refers to the need to: Proactively consult, plan, build, maintain and upgrade assets 4. Financial Considerations There is limited financial consideration required for the formation and meeting of the Committee. Page 13 of 64 MINUTES OF THE ORDINARY MEETING OF COUNCIL 5. 5 MARCH 2013 Consultation/Public Submissions Public consultation and engagement are key principles driving the establishment of the Committee. Membership of the Committee is based on direct invitation of key stakeholder groups and relevant subject matter experts, with an expression of interest process to select general community representation. The Committee will partly be responsible for providing insight into community preferences and feedback and receiving and assessing submissions received for potential suburb names during the public consultation phase. 6. Risk Analysis Should the Committee not be established, there is a high risk that the OGN will determine that the community engagement requirement of the established process has not been met, resulting in refusal of the Council application to establish new suburban boundaries and names. There is limited risk in establishing the Committee to advise Council of possible suburb names, as the ultimate decision of which names are included within the application to the OGN remains always with Council. This is an advisory committee only. LIST OF APPENDICES 1. Suburb Naming Advisory Committee Terms of Reference Page 14 of 64 MINUTES OF THE ORDINARY MEETING OF COUNCIL 8.5 5 MARCH 2013 COUNCIL BEAUTIFICATION UNIT Presenter: Kel Tori- Chief Executive Officer PURPOSE OF REPORT To detail the financial and staffing implications of creating a Council Beautification Unit to focus on beautification and the rejuvenation of the older areas of the City of Melton, with a focus on issues such as graffiti, tree planting, line marking and working with local business and residents to support and maintain a clean and vibrant city, as requested via Notice of Motion No. 329 adopted at the Council Meeting of 15 November 2012. RECOMMENDATION: That: 1. The report be received and noted; and 2. Council give consideration to resource commitment to be made to beautification of the municipality during its consideration of 2013/14 budget. Crs Borg/Cugliari. That the recommendation be adopted. CARRIED REPORT 1. Executive Summary Council currently undertake beautification works across a variety of Business Units and within a number of contracts. This has proven to be an efficient and effective methodology, particularly over the last 12 months, where Council allocated additional financial resources to beautification. The creation of a new department or business unit for the specific purpose of focusing on beautification would represent a significant additional investment on behalf of the Council, and would not, in my view, deliver on the ground a commensurate improvement in outcomes. It is my view that additional financial resources directed towards beautification should be targeted at on-ground delivery rather than at increasing overall management. In saying this, I recognise that over time with the growth of Melton City the time will come where an additional department will need to be created to spread the workload currently being experienced by the existing three General Managers. I do not believe that Council has at this time reached that point, and I believe that a Beautification Unit would be too narrow a department to facilitate an appropriate re-spreading of the responsibilities that Council has overall and would not represent the most effective and efficient way of restructuring the management of Council. 2. Background/Issues At the Ordinary Meeting of Council held on the 15 November 2012 Notice of Motion No. 329 was adopted, as follows:“That the Chief Executive provide a report to Council detailing the financial and staffing implications of creating a Council Beautification Unit to focus on beautification and rejuvenation of the older areas of the City of Melton, with a focus on issues such as graffiti, Page 15 of 64 MINUTES OF THE ORDINARY MEETING OF COUNCIL 5 MARCH 2013 tree planting, line marking and working with local business and residents to support and maintain a clean and vibrant City.” Attached as Appendix 1 is a table detailing Council’s financial commitment to items that could be classified as “beautification” works within the current Budget. This table demonstrates a significant commitment by this Council and is indicative of the way in which these works are spread across the various operational areas of the current organisation structure. It is the case that a significant part of the cost involved in setting up and operating a specific Beautification Unit will be absorbed in the administration of the unit structure, rather than in on ground delivery of projects. It is for this reason that I will propose to Council that if Council is of the mind to commit additional resources to the area of beautification then such additional resources can be absorbed within the existing organisational structure and specific on ground works will be able to be delivered in the most efficient and effective manner. It should also be noted that within the current structure Council has recently created the positions of Urban Designer and Landscape Architect which will contribute to the organisations capacity to deliver on beautification projects. It would be possible for Council to consolidate the elements from within the existing organisation that relate to beautification works into a specific unit, which could either be at the department level, creating a fourth General Manager or at the third line level through the creating of a beautification business unit. To create a fourth department would involve the appointment of an additional General Manager with administrative support, a re-division of the existing responsibility areas under each of the three existing General Managers, and the creation of the Beautification Unit Manager and support staff. A review of adjoining/growth councils indicates that generally more than three General Managers (or Directors) are in place, for example: Wyndham 5 Directors Sustainable Development Community Development Advocacy Corporate Services Infrastructure Whittlesea 6 Directors Advocacy & Communications Community Services Finance & Organisation Governance & Economic Development Infrastructure & Technology Planning & Major Projects Hume 5 Directors City Communities City Governance & Information Organisation & Community Learning City Sustainability City Infrastructure Brimbank 5 General Managers City Development Corporate Services Governance & Community Relations Infrastructure & Environment Community Wellbeing Page 16 of 64 MINUTES OF THE ORDINARY MEETING OF COUNCIL 5 MARCH 2013 Council currently operates an in-house Open Space Improvement team which consists of five staff who are charged with undertaking targeted landscape improvements in key locations. This team would form part of the Beautification Unit along with some existing staff reassigned to this unit and additional resources to be provided. An indicative structure for such a unit is as follows: General Manager – new position Administrative Assistant – new position Business Unit Manager – new position Engineer/Project Manager – possibly re-assigned Landscape Architect – re-assigned Urban Designer – re-assign Business Engagement Officer – possibly re-assigned from Business Growth & Sustainability Unit Community Development Officer – re-assigned 5 Additional Staff – Open Space Improvement Team Additional staffing costs associated with such a structure would be of the order (inclusive of on costs) of $700,000 per annum, along with a capital cost for vehicles and equipment of the order $200,000. In addition to this Council would need to commit to providing additional funding for materials and specialist equipment support of at least $500,000 - $1,000,000 per annum in order to achieve the full benefit of the additional staffing resources provided in such a unit. As previously stated, it is the case that Council does already undertake a significant amount of works that could be classified as beautification or civic pride works, and these works are generally included within existing contracts (see Appendix 1). Some of the discretionary amounts included in provisional sums within these contracts may be able to be recommitted across to support the work of the Beautification Unit rather than being undertaken within the specific contracts. Further work would need to be undertaken in order to determine the scale of such transferability. Section 94(A) of the Local Government Act 1989 provides that a Council’s Chief Executive Officer is responsible for: (1)(a) Establishing and maintaining an appropriate organisation structure of the Council; and (c) The day to day management of the Council’s operations in accordance with the Council Plan. (2) The Chief Executive Officer may appoint as many members of Council Staff as are required to enable the functions of the Council under this Act or any other Act to be carried out and to enable the Chief Executive Officer to carry out her or his functions. As such it is my responsibility as Chief Executive Officer to determine on how the priorities of Council as detailed within the Council Plan and funded through the Budget are to be organised and delivered. Therefore, whilst I appreciate that Council is entitled to express a view, and to allocate financial resources in proportion to their sense of importance of the varying roles and functions of Council and objectives detailed within the Council Plan, it is my decision as to how the organisation needs to be structured in order to deliver on such objectives. Page 17 of 64 MINUTES OF THE ORDINARY MEETING OF COUNCIL 3. 5 MARCH 2013 Council Plan Reference and Policy Reference The Melton Shire Council 2009-2013 Council Plan refers to the need to: Practice good governance, social, economic and environmental responsibility Provide access to quality infrastructure and services 4. Financial Considerations As detailed above, it is estimated that the additional Staffing costs associated with establishing a Beautification Department at General Manager level and the associated support Staff would cost in the order of $700,000 per annum. In addition to this, on an annual basis Council would need to commit additional funding for materials and specialist equipment support in the order of between $500,000 and $1M. In the initial set-up, the cost of vehicles and specialist equipment would cost in the order of $200,000. The alternative of expanding Council’s commitment to beautification works through the existing Staffing structure would reduce the above costs certainly by the management elements contained therein, which are of the order of $400-$500,000. 5. Consultation/Public Submissions Not applicable. 6. Risk Analysis Increasing Council’s allocation of funding into beautification works within the existing Staffing structure would potentially create the risk that existing positions would not be able to pick up the added workload created, however it is my intention that should Council allocate additional resources into this area, support mechanisms would be put in place at lower levels within the organisation to ensure that delivery of the required outcomes were not compromised, both in terms of the new activities and the continuing activities. There is also a financial risk associated with creating a new unit in that it will need to be sustained into the future and this would represent a significant recurrent cost to Council. 7. Options While I am supportive of the direction being promoted through this Notice of Motion that Council should devote greater resources to beautification of the municipality, I believe the desired outcome is achievable through additional resources being provided within the existing management structure, and that therefore it is not a requirement at this stage of the organisation’s maturity for the creation of a further department or business unit in order to achieve the stated objectives. LIST OF APPENDICES 1. Existing Contracts Page 18 of 64 MINUTES OF THE ORDINARY MEETING OF COUNCIL 8.6 5 MARCH 2013 DEVELOPMENT PLAN OVERLAY REVIEW Presenter: Bob Baggio- Manager Planning PURPOSE OF REPORT To inform Council of a review conducted on the Development Plan Overlay in the Melton Planning Scheme. RECOMMENDATION: That Council: 1. Adopt the Melton Planning Scheme – Development Plan Overlay Review March 2013. 2. Seek authorisation from the Minister for Planning to exhibit a planning scheme amendment to change the Development Plan Overlay in the Melton Planning Scheme as recommended in the review. 3. Following authorisation, give notice of the amendment as directed by the Minister. Crs Ramsey/Turner. That the recommendation be adopted. CARRIED REPORT 1. Executive Summary The Development Plan Overlay (DPO) currently applies to significant parts of the municipality. The DPO has essentially been used to coordinate the appropriate use and development of land in new urban areas. Many of the DPO areas and their associated schedules have remained unchanged in Council’s Planning Scheme since their introduction, including in some cases since approval of the Planning Scheme in 1999. A review has been conducted on the continued applicability of the DPO which has found that it is no longer relevant to many now developed areas and should therefore be removed through an appropriate amendment to the Planning Scheme. 2. Background/Issues The DPO currently applies to significant parts of the municipality, particularly the area known as the Melton East Growth Area. A recent broader review of the Council’s Planning Scheme has raised issues about the continued applicability of the DPO in areas which are now largely developed. A review has therefore been conducted of the DPO – including the areas to which it applies and the schedules applying to each area. A copy of the review is attached to this report at Appendix 1. Following is a summary of the document. The DPO is an overlay contained in the Victoria Planning Provisions that can be applied to planning schemes as required. Page 19 of 64 MINUTES OF THE ORDINARY MEETING OF COUNCIL 5 MARCH 2013 The purpose of the overlay is: ‘To identify areas which require the form and conditions of future use and development to be shown on a development plan before a permit can be granted to use and develop the land. To exempt an application from notice and review if it is generally in accordance with the development plan.’ The Melton Planning Scheme was approved in 1999 introducing the Development Plan Overlay and many of the current schedules. Since that time, further areas have been brought under the DPO provisions in response to specific development proposals and strategic work undertaken. In Melton’s case, the DPO has traditionally been used as a planning tool to essentially coordinate the integrated use and development of new Greenfield urban areas. The overlay currently contains 15 schedules relating to new towns/suburbs, residential and/or industrial estates, rural living area, tourist precinct, and activity centres. In the new growth areas, the use of the DPO has almost entirely been replaced by the Urban Growth Zone and its requirement for the preparation of precinct structure plans. Since the introduction of the DPO, many of the areas to which it applies have been either fully or substantially developed. Further with the passage of time, the requirements of some of the schedules have become outdated and in need of review. This is particularly the case with the Melton East Growth Area given that the area is now largely developed and there would seem no planning rationale to retain the DPO control across the area. In fact, the overlay if anything has and is creating issues and confusion particularly with existing residents in proximity to infill development sites. There have been a number of instances in recent years where sometimes significant proposals for higher density housing development has been exempt from third-party notice and review rights where the proposal is deemed generally in accordance with the approved development plan. This is despite the fact that the surrounding area is largely developed and the proposal had potential to detrimentally affect surrounding residents. This has forced Council to informally advertise these applications – a practice which is not generally supported by VCAT. It is therefore considered appropriate for Council to remove DPO areas as recommended in the review through an appropriate amendment to the Melton Planning Scheme. 3. Council Plan Reference and Policy Reference The Melton Shire Council 2009-2013 Council Plan refers to the need to: Proactively consult, plan, build, maintain and upgrade assets 4. Financial Considerations Costs may be incurred in future should the amendment be required to go before a Panel for consideration. 5. Consultation/Public Submissions The future planning scheme amendment will need to be exhibited and submissions may be received. Page 20 of 64 MINUTES OF THE ORDINARY MEETING OF COUNCIL 6. 5 MARCH 2013 Risk Analysis Risks relate to future planning applications in the redundant DPO areas being exempt from third-party notice and review rights and the confusion and concern that this causes to affected residents. 7. Options Council can either accept the officer recommendation and adopt the review and initiate an appropriate planning scheme amendment, or elect to take no action. LIST OF APPENDICES 1. Development Plan Overlay Review Page 21 of 64 MINUTES OF THE ORDINARY MEETING OF COUNCIL 8.7 5 MARCH 2013 CONSIDERATION OF PLANNING PANEL RECOMMENDATIONS IN REGARDS TO PLANNING SCHEME AMENDMENT C91 - CAROLINE SPRINGS TOWN CENTRE AND PLANNING SCHEME AMENDMENT C112 - BURNSIDE SHOPPING CENTRE Author: Matthew Milbourne- Senior Strategic Planner Presenter: Bob Baggio- Manager Planning PURPOSE OF REPORT To consider the Planning Panel’s recommendations for Amendments C91 (Caroline Springs Town Centre) and C112 (Burnside Shopping Centre) to the Melton Planning Scheme. RECOMMENDATION: That Council: 1. In relation to Amendment C91 (Caroline Springs Town Centre): a. Conditionally adopt Planning Scheme Amendment C91 as per the recommendations of the Panel, subject to an appropriate Section 173 Agreement being entered into for the provision of a bus interchange and developer contributions as previously agreed. b. Submits Planning Scheme Amendment C91 to the Minister for Planning for approval when the Section 173 Agreement has been entered into. 2. In relation to Amendment C112 (Burnside Shopping Centre): a. Defer making any decision regarding Planning Scheme Amendment C112 until the Council’s Retail and Activity Centre Strategy has been completed. Crs Borg/Cugliari. That the recommendation be adopted. CARRIED REPORT 1. Executive Summary At its meeting on 8 March 2012, Council resolved to refer submissions made to Amendment C112 – expansion of Burnside Shopping Centre to a Panel, and at its meeting on 3 May 2012, Council resolved to refer submissions made to Amendment C91 – expansion of Caroline Springs Town Centre to an independent Planning Panel appointed by the Minister for Planning. The Planning Panel has considered the submissions to both Amendments and has recommended that Amendment C91 be approved (with minor modifications to its content), and that Amendment C112 be abandoned. It is recommended that Council: Conditionally adopt Amendment C91 – Caroline Springs Town Centre, as per the recommendations of the panel (subject to a Section 173 Agreement being signed, which deals with the location, design and funding of the bus interchange at Caroline Springs Page 22 of 64 MINUTES OF THE ORDINARY MEETING OF COUNCIL 5 MARCH 2013 Town Centre) and submit the Amendment to the Minister for Planning for approval once the Agreement is signed, and Place Amendment C112 – Burnside Shopping Centre, on hold until Council’s Retail and Activity Centre Strategy has been completed. 2. Background/Issues Council has initiated two independent Planning Scheme Amendments which propose the expansion of two shopping centres in the Melton East Growth Area. Amendment C91 proposes to expand the floor area of Caroline Springs Shopping Centre from 22,000m² to 40,000m². Amendment C112 proposes to expand Burnside Shopping Centre from 11,000m² (5,000m² of which is for restricted retail) to 36,000m² (5,000m² of which is for restricted retail). Both of these shopping centres share similar trade areas. Given that the two Planning Scheme Amendments share the same trade area and the planning and economic implications of the two centres are so intertwined a single Planning Panel has considered both of the amendments and has prepared a joint report for the two amendments. Amendment C91 – Caroline Springs Town Centre The Amendment proposes to change the Schedule to the Comprehensive Development Zone to increase the ‘as of right’ shop floor space from 22,000m² to 40,000m² within the retail core of Caroline Springs to enable the expansion of Caroline Springs Square, and amend the Schedule to the Comprehensive Development Zone to allow for shop use above 40,000m² with a planning permit. Preparation of the amendment was authorised by the Minister for Planning on 24 November 2009. The amendment was exhibited from 22 December 2009 to 8 February 2010 with seven submissions including two that objected to the amendment. Discussions were held between the proponent, Council and Public Transport Victoria between February 2010 and March 2012 regarding the provision of a new bus interchange on the proponent’s land, and developer contributions. Council considered the submissions made to Amendment C91 at its meeting 3 May 2012, and resolved to refer these to a Panel. The Planning Panel resolved on 18 May 2012 that it would consider Amendment C91 and C112 concurrently and would prepare a joint report on both proposals as the matters were related (both are applications to expand retail floor area, and they share similar trade catchments). The Planning Panel hearings were held from 31 July to 3 August 2012. Discussions have been held between the proponent, Public Transport Victoria and Council regarding the location, design, staging and funding arrangements of the bus interchange to be provided on the proponent’s land. These arrangements will form the basis of a Section 173 Agreement. The Planning Panel report recommends that Amendment C91 should be adopted subject to some minor changes to the wording in the schedule of the Comprehensive Development Zone. It is recommended that Council conditionally adopts Amendment C91 to the Melton Planning Scheme as per the recommendations by the Panel subject to a Section 173 Agreement being entered into. Once the Section 173 Agreement is finalised and signed the Amendment will be considered to be adopted and Council will then refer the Amendment to the Minister for Planning for approval. Amendment C112 – Burnside Shopping Centre Page 23 of 64 MINUTES OF THE ORDINARY MEETING OF COUNCIL 5 MARCH 2013 The Amendment proposes to rezone most of the land at the Burnside Shopping Centre to the Business 1 Zone, increase the cap for shop uses to 36,000m², allow 50,000m² of office use, and introduce a new schedule to the Development Plan Overlay to apply specifically to this site. Preparation of the amendment was authorised by the Minister for Planning on 9 September 2011. The amendment was exhibited from 3 November to 5 December 2011 and nine submissions were received. Council considered the submissions made to Amendment C112 at its meeting 8 March 2012, and resolved to refer these to a Panel. The Planning Panel held a directions hearing on 3 April 2012. The Planning Panel resolved on 18 May 2012 that it would consider the matters of Amendment C91 and C112 concurrently and would prepare a joint report on both matters as the matters were related (both are applications to expand retail floor area, and they share similar trade catchments). The Planning Panel hearings were held over eight days between 1 May and 11 May 2012. The Planning Panel report recommends that Amendment C112 should be abandoned. The Panel concluded that Amendment C112 was a major departure from the State Planning Policy Framework and the Local Planning Policy Framework in the Melton Planning Scheme, and would not result in net community benefit. It is recommended that Council defers making a decision about Amendment C112 until its Retail and Activity Centres Strategy is completed. Retail Opportunity in the Melton East Growth Area The Melton East Strategy Plan (revised), 1997 (MESP) which has governed the development of the Melton East Growth Area over the past 15 years states that the expected residential community in the area would create a demand of 121,000m² of retail floor space, and that 63,000m² of this should be provided in the Melton East Growth Area (the remainder of this floor area would be provided in centres outside of the area). The Strategy Plan indicates that the floorspace would be provided as follows: Centre 1 x Town Centre (Caroline Springs) Floorspace Allocation 20,000m² Community Centres Banchory Grove 7,500m² Taylors Hill 7,500m² Burnside 6,000m² Neighbourhood Centres (5 locations) 16,500m² Local Shops (10 locations) 3,000m² Peripheral Sales (1 location) 2,500m² Total 63,000m² The above hierarchy and floor space allocations were provided to ensure that a diverse range of centres were provided, and they were evenly distributed across the growth area to provide convenient access to goods and services for residents. The Melton East Growth Area has nearly been built out, and most of the envisaged centres have been constructed as planned for by the strategy. Economic reports have been Page 24 of 64 MINUTES OF THE ORDINARY MEETING OF COUNCIL 5 MARCH 2013 provided by both shopping centre owners that demonstrate that there is a shortage of retail floor space in the Melton East Growth Area, and that there is sufficient capacity for retail floor space increase in the area (since 1997 there has been an increase in shop floor area required per person, and there has been a change in shopping formats such as the introduction of homemaker centres and large format trade supply stores). However, the extent of the floor area by which the area can grow and which centre(s) should benefit from this increase is in contention: The Dennis Family Corporation (owners of the Burnside Shopping Centre) contends that there is sufficient demand in the Melton East Growth Area for both amendments to proceed as requested. Lend Lease (owners of Caroline Springs Square) contend that the demand for retail floor space in the Melton East Growth Area is limited, and there is only enough demand to merit one Planning Scheme Amendment being approved. Council agreed to support both amendments as economic analysis was provided by both proponents which indicated that there was sufficient demand for more retail floorspace to be provided in the area. The Dennis Family’s economic analysis, which Council had peer reviewed, indicated that there was sufficient demand for both Caroline Springs and Burnside to expand to their desired sizes. The examination of the amount of retail floor space that the Melton East Growth Area can support, and what impact the increase of floor area may have on existing, proposed and surrounding activity centres was the central line of enquiry by the Planning Panel. Hearings were held over 12 days (four days for Amendment C91, and eight days for Amendment C112), and reports from four retail economic experts were canvassed and tested. The Panel made the following observations about the retail environment in the Melton East Growth Area: The Melton East Structure Plan (revised), 1997 (MESP) has guided the development of the Melton East area well in terms of the delivery and location of key infrastructure, population projections, and development and implementation of a viable and rational retail hierarchy; Most of the centres envisaged by the MESP have been delivered in the locations envisaged by the Plan and to the size indicated by the Plan. A small number of the lowest order centres have not been delivered, in part this is due to defensive commercial reasons, and in part due to the inherent weakness in the role and viability of smaller centres. This creates higher demand for retail services in higher order centres; Whilst it was put to the Panel that there was a shortage of retail floorspace in the area, this was in part contradicted by the retail expenditure in the area which is sitting 10.5% below the Metropolitan average. If there was a critical shortage of retail floorspace one would expect to see strong trading levels in the available floorspace. The MESP has provided clarity and guidance in planning and has provided certainty in investment. The MESP is coming to the end of its life, and an evidence based review of the Plan is now needed to provide the ongoing principles to guide the development of retail and other community infrastructure. There is only room in the market for one additional Discount Department Store (DDS) to establish in the Melton East Growth Area in the short term. There is inadequate demand for two DDS to establish in the short to mid-term. A DDS is required to underpin each of the proposed expansions, and therefore it is likely that only one centre can expand in the short to mid-term. The Panel supports the expansion of Caroline Springs over Burnside. Page 25 of 64 MINUTES OF THE ORDINARY MEETING OF COUNCIL 5 MARCH 2013 Activity Centre policy, local retail policy, alignment with the MESP, and the Melbourne 2030 framework all point to the fact that Caroline Springs should proceed over Burnside. If Caroline Springs was to expand as a two DDS centre it would provide a greater range of retail facilities than what would be provided over a single DDS centres. Caroline Springs is better placed to service new urban growth in the West Growth Corridor than Burnside. On the evidence presented to the Panel there is a significant risk that if both Amendments were to be approved, a DDS would establish itself at Burnside at the expense of Caroline Springs. This would defer the expansion of Caroline Springs town centre and there would be a community disbenefit from delayed or foregone investment and increased retail offering in the Caroline Town Centre. The Panel therefore supports the prioritisation of Caroline Springs Town Centre’s expansion over Burnside Shopping Centre. Following the Panel’s assessment of the retail economic analysis and its conclusion that there is insufficient demand for retail floorspace for both retail centres to grow to their desired size in the short to mid-term, the Panel elaborated further reasons on why Caroline Springs should be the preferred centre to expand over Burnside: Caroline Springs Town Centre is recognised as a Major Activity Centre in Melbourne 2030 and the West Growth Corridor Plan. Caroline Springs Town Centre sits at the top of the adopted retail hierarchy in the MESP. It is well located to service the existing population centres, as well as future population growth. It is universally accepted that Caroline Springs is a well planned suburb that has developed in a proper and orderly manner (it has won national urban development industry awards). It has attracted approximately $900 million of public and private investment to develop an impressive range of commercial, community and education related facilities and services (sports, recreational, library, polices and educational facilities). It is the focus of public transport provision in the Melton East Growth Area. There are greater variety of retail facilities that are provided in a two DDS centre, over a single DDS centre or two single DDS centres, which results in greater consumer benefit. Council supported Amendment C112 (Burnside) from the outset as the economic analysis provided by the proponent and which was peer reviewed by Council revealed that there was sufficient retail demand in the Melton East Growth Area for both Caroline Springs and Burnside centres to expand to their desired sizes. The Panel has concluded that the retail demand is not as robust as the proponent’s economic analysis had purported, and has recommended to Council that the Amendment be abandoned. The Panel was critical of Council in a number of areas: Lack of a current retail policy. That the Burnside amendment should have proposes changing the status of the Centre from a Neighbourhood to a Major Activity Centre. Timing of the Panel hearings. It is noted that Council has recently engaged consultants to prepare a Retail and Activity Centre Strategy for Council. This Strategy will provide guidance on creating a hierarchy of activity centres across the municipality, and it will nominate the location of centres and their preferred size to ensure that Melton’s residents enjoy convenient access to a wide range of Page 26 of 64 MINUTES OF THE ORDINARY MEETING OF COUNCIL 5 MARCH 2013 goods and services in close proximity to their place of residence. The strategy is expected to be completed by July this year, following which it is proposed to be incorporated into the Planning Scheme. This Strategy will be the first of a number of significant planning strategies being prepared by Council as part of the rewrite of the Planning Scheme. It is recommended that Council defer making a decision about Amendment C112 until the Retail and Activity Centre Strategy is complete, and use this Strategy to inform Council’s decision on whether to adopt the Planning Panel’s recommendation. Other Matters The Panel concluded that there were a number of factors which influenced their decision to recommend that the Burnside amendment should be abandoned, and the Caroline Springs amendment should be adopted and approved. Biodiversity The Burnside site contains native grasslands of very high conservation significance, as well as individual communities of flora and fauna of State and national significance (Spiny Rice Flowers, Arching Flax-Lillies, and the Striped Legless Lizard). It is unclear whether permission will be granted from the Commonwealth Department administering the Environment Protection and Biodiversity Conservation Act to remove the flora and fauna from the site. The affected grassland areas are in key locations on the site and would require significant changes to the layout of the shopping centre if it were to expand. Given that there is no certainty on whether the grasslands can be removed, and this may render the proposed shopping centre layout in the Development Plan Overlay obsolete, it is considered that the Development Plan Overlay schedule and the Concept Plan were premature and cannot be resolved until the strategic decisions for the future of the native vegetation areas on the site are made. Office Component The Panel concluded there is no economic evidence in support of the 50,000m² of office space in Burnside. There is currently 100,000m² of office space servicing the entire western metropolitan area. The Panel considers it unrealistic that this site could accommodate 50,000m² of office space. Proposed Changes to the Planning Zones On 11 July 2012, the Minister for Planning announced that he was seeking to reform the commercial zones. Part of this package of reform includes the removal of shop floor space caps associated with all commercial zones (this does not include the Comprehensive Development Zone). Submissions made to the zone reform are currently being considered by an expert advisory committee, which will report their findings on the proposed changes to the zones to the Minister for Planning. If the proposed changes to the commercial zones are adopted as exhibited, it is expected that two primary planning scheme tools which could be used to monitor and regulate shop floor space in activity (shopping) centres will be through: Page 27 of 64 MINUTES OF THE ORDINARY MEETING OF COUNCIL 5 MARCH 2013 Restricting the size of the commercial zoned land to the size desired to facilitate the development of a shopping centre and car parking; and / or Applying the Development Plan Overlay to sites and using this to regulate the size and form of the shopping centre. The Panel applied the proposed changes to the commercial zones against the Planning Scheme Amendments and made the following comments: Amendment C91, Caroline Springs Town Centre, retains the Comprehensive Development Zone. The Comprehensive Development Zone provisions are not affected by the proposed zone reforms, and therefore the shop floorspace caps will remain in place. It is considered appropriate that the floorspace restrictions to this site be loosened so it can respond to the unrestrained floorspace conditions enjoyed by surrounding shopping centres. Amendment C112, Burnside Shopping Centre, has enough land already zoned for commercial use to allow a considerable expansion of the shopping centre without rezoning additional land to allow commercial use. It would be concerning if more land was released for commercial use if the proposed changes to the commercial zones were made. Council should explore developing a Development Plan Overlay Schedule to the site once it is known whether the native grasslands are to be retained on the site, the Retail Strategy is completed and the results of proposed changes to the commercial zone have been announced. Planning Panel Recommendation – Amendment C91 (Caroline Springs) The Panel considered the proposed wording in the Comprehensive Development Plan, Schedule 1, and made the following recommendations: Include the changes in the Amendment documentation as shown in Exhibit LL1 at the C91 Panel Hearing except in Schedule 1 to the Comprehensive Zone: 3. Clause 2 should be deleted; The extraneous words in Clause 5 should be deleted; The Council should further consider the effect of the wording of the common requirement applying to the uses in Section 1 of the table of uses and whether they wish to retain it; and The intended effect of Clause 4 should be further considered and the clause amended if the intents are not likely to be achieved. Council Plan Reference and Policy Reference The Council Plan 2009-2013 (revised 2010) refers to the need for: Increasing business and employment opportunities. In particular 3.1 Identify and attract new investment opportunities 3.2 Develop and support existing businesses 3.3 Encourage local skill development and local employment opportunities Ensuring our fast growth is well planned and managed, and Council’s physical assets are well maintained. In particular: 4.4 Provide access to quality infrastructure and services. Page 28 of 64 MINUTES OF THE ORDINARY MEETING OF COUNCIL 4. 5 MARCH 2013 Financial Considerations Costs have been incurred by Council in representation at the Panel hearings and other Panel costs. 5. Consultation/Public Submissions Both of the Planning Scheme Amendments went through a public exhibition process, whereby surrounding land owners and occupiers were notified of the amendment, and notices were placed in local newspapers circulating in the area and the Government Gazette. In both instances submissions were received that objected to the amendments. These submissions were considered by Council, and both amendments were referred to a Planning Panel for their consideration. As indicated previously the Planning Panel has made a series of recommendations regarding the future of these amendments. 6. Risk Analysis There is a demonstrated shortage of retail floor space in the Melton East Growth Area, and this is having an impact on the proximity of goods and services available to residents in close proximity to their place of residence. There are risks associated with any course of action with these two amendments: If Council was to adopt Amendment C91 – Caroline Springs, and abandon the other there is no guarantee when the expansion of Caroline Springs would proceed. The risk for the local community is that they continue to have limited access to goods and services in close proximity to their home; If Council was to adopt both amendments, it is expected that one retail centre would expand in the short term, however the growth of this centre would delay the expansion of the other centre. It is expected that Burnside would expand now, and this would significantly delay the expansion of Caroline Springs. Whilst this would provide more retail floor space in the short term, it would be seen as a duplication of the type of goods and services currently available in Caroline Springs (as both centres would be anchored by one Discount Department Store), as opposed to the type of goods and services available in a larger centre anchored by two Discount Department Stores. It is therefore recommended that certainty be provided for the Melton East Growth Area community by adopting the Caroline Springs Town Centre expansion amendment. It is recommended that no decision be made about Burnside Shopping Centre until the Retail and Activity Centre Strategy is completed. 7. Options Amendment C91 In regards to Amendment C91, Caroline Springs Town Centre, Council can resolve to: 1. Adopt Planning Scheme Amendment C91 as exhibited and send it to the Minister for Planning for approval; or 2. Adopt Planning Scheme Amendment C91 as per the recommendations of the Planning Panel; or 3. Abandon the Amendment. The proposed amendment is considered to be consistent with the Melton Planning Scheme and the Strategic Assessment Guidelines for Planning Scheme Amendments. Page 29 of 64 MINUTES OF THE ORDINARY MEETING OF COUNCIL 5 MARCH 2013 It is recommended that Council conditionally adopt Amendment C91 with changes, as recommended in the Panel Report, subject to a Section 173 Agreement being signed. Once the Section 173 Agreement pertaining to the bus interchange, to be provided on the proponent’s land, has been finalised and signed the Amendment will be considered adopted and will then be forwarded to the Minister for Planning for approval. Amendment C112 In regards to Amendment C112, Burnside Shopping Centre, Council can resolve to: 1. Adopt Planning Scheme Amendment C112 as exhibited and send it to the Minister for Planning for approval; 2. Abandon the Amendment; or 3. Defer making a decision until the detail of the Retail and Activity Centre Strategy is known. It is recommended that Council defer Amendment C112 until the Retail and Activity Centre Strategy is completed. LIST OF APPENDICES Nil Page 30 of 64 MINUTES OF THE ORDINARY MEETING OF COUNCIL 8.8 5 MARCH 2013 PLANNING AMENDMENT C141 - RE-ALIGNMENT OF THE BOUNDARY OF THE URBAN FLOODWAY ZONE AT 868-898 MELTON HIGHWAY, HILLSIDE Author: Simon Temple- Principal Planner Presenter: Bob Baggio- Manager Planning PURPOSE OF REPORT To consider a request to amend the Melton Planning Scheme to reduce the extent of the Urban Floodway Zone on the land – which has approval for residential subdivision. RECOMMENDATION: That Council: 1. Request the Minister for Planning authorise the preparation of Amendment C141, and exempt all of the notice provisions under Section 20(2) of the Planning and Environment Act, 1987. 2. Following authorisation, process the amendment as directed by the Minister. Crs Ramsey/Turner. That the recommendation be adopted. CARRIED REPORT 1. Background Executive Summary A Development Plan and Permit were issued in 2011 for the residential subdivision of 868-898 Melton Highway, Hillside. A request has been made by SMEC Pty Ltd to modify the alignment and reduce the extent of the Urban Floodway Zone which runs north-south diagonally through the subject land generally over the existing Stony Hill Creek. The applicant advises that the Stony Hill Creek waterway is now contained within a smaller area due to subdivision works undertaken as part of Planning Permit PA2011/3202. This has resulted in part of the land within the Urban Floodway Zone being made redundant. It is proposed to rezone this redundant land to the Residential 1 Zone. It is therefore recommended that Council request authorisation from the Minister for Planning to prepare the amendment and exempt all of the notice provisions under Section 20(2) of the Planning and Environment Act 1987. The Land and Surrounding Area The subject land is located on the northern side of Melton Highway, Hillside between two established residential estates (Regency Rise Estate and Bellevue Hill Estate). Other features of the site are as follows: The land is slightly irregular in shape, relatively flat with a gentle slope to the south and is currently vacant (an existing single storey weatherboard dwelling, shed and other associated outbuildings have been removed from the land). Page 31 of 64 MINUTES OF THE ORDINARY MEETING OF COUNCIL 5 MARCH 2013 The subject land has a frontage to Melton Highway of 250 metres and a depth of 380 metres resulting in a total site area of 10.5 hectares. The Stony Hill Creek runs through the middle of the subject land in a north-west to south-east direction. An existing dam is located in the southern portion of the site. The surrounding area is characterised by established residential development containing a mix of single and double storey brick and cement rendered dwellings with concrete tiled roofing and associated outbuildings. Land opposite the site on the southern side of Melton Highway has been subdivided and is developing. The land also contains an existing single storey commercial building (emergency services facility occupied by Ambulance Victoria) and a recently constructed petrol filling station. Refer to Appendix 1 for a locality plan. The Amendment It is proposed to reduce the footprint of the Urban Floodway Zone within the subject land and rezone part of the land within the Urban Floodway Zone to a Residential 1 Zone. The Urban Floodway Zone presently runs north-south diagonally through the subject land and covers the Stony Hill Creek waterway and partially covers land to the east and west of the waterway. The applicant has advised that the Stony Hill Creek waterway will now be contained within a smaller area due to approved subdivision works carried out as part of Planning Permit PA2011/3202 resulting in part of the land in the Urban Floodway Zone now being redundant. It is proposed to rezone this land from the Urban Floodway Zone to the Residential 1 Zone. The plan of subdivision approved under the Planning Permit shows this land as containing an internal road and a number of residential lots. Refer to Appendix 2 for the amendment plan. Planning History A development plan (DP2011/002) was approved by Council on 29 August 2011 and nominates the use and subdivision of the subject land for residential purposes. Planning Permit PA2011/3202 was issued by Council on 28 December 2011. The permit allows residential subdivision (156 lots), construction of a dwelling on lots less than 300 square metres in area, use and development of a road in the Urban Floodway Zone, use of land for leisure and recreation in the Urban Floodway Zone, construction of works in the Urban Floodway Zone and creation of access to a road in a Road Zone (Category 1). The planning permit was amended on 25 June 2012. 2. Council Plan Reference and Policy Reference The Melton Shire Council 2009-2013 Council Plan refers to the need to: Encourage and promote sustainable living Enhance the quality of urban and natural environments Leading the organisation and the community through accountability, transparency and advocacy. Practice good governance, social, economic and environmental responsibility. Page 32 of 64 MINUTES OF THE ORDINARY MEETING OF COUNCIL 3. 5 MARCH 2013 Financial Considerations Council officer time and resources are involved in the preparation and exhibition of the amendment however statutory fees are required from the proponent to assist in defraying these costs. The proponent will bear the costs associated with the planning scheme amendment. 4. Consultation/Public Submissions The Department of Planning and Community Development have produced Advisory Note 12 – A Protocol for Fast Tracking Amendments which sets out a fast track protocol to reduce the time frame for amendments that remove redundant or anomalous provisions. Under the provisions of Section 20(2) of the Planning and Environment Act, 1987 (the Act) the Minister may grant an exemption from the requirements relating to giving notice of an amendment if the Minister considers that compliance with any of those requirements is not warranted. Given that the amendment seeks to reduce the extent of the Urban Floodway Zone, involves rezoning a small part of the land to the Residential 1 Zone and Council previously carried out informal public notice of the Development Plan application (DP2011/002) to owners and occupiers of adjacent and surrounding properties, it is considered appropriate in this instance to request the Minister for Planning fast track the amendment by exempting all of the notification requirements under the provisions of section 20(2) of the Act. Issues Strategic assessment of the proposal In line with the Strategic Assessment Guidelines for Planning Scheme Amendments (August 2004), prepared by the State Government, every Planning Scheme Amendment should be strategically supported and maintain or develop the strategic focus of the Planning Scheme. It is necessary to determine whether any amendment supports or implements the State Planning Policy Framework (SPPF) and the Local Planning Policy Framework (LPPF) of the Planning Scheme. Further, Council must determine whether the outcome of the amendment will have any consequences in terms of the Planning Scheme’s directions, useability and transparency. The matters required to be covered in the Strategic Assessment Guidelines are addressed in the explanatory report. The amendment is consistent with the objectives of planning in Victoria, the relevant sections of the State and Local Planning Policy Framework (including Council’s Municipal Strategic Statement and Council’s local planning policies) and the purpose of the Residential 1 Zone. The amendment will enable protection of the existing waterways in terms of natural flood carrying capacity, flood storage functions and overland flows by enabling the nominated residential lots (proposed) within the subdivision to be used and developed for residential purposes in a manner that will encourage a diversity of housing types, size and choice, make efficient use of existing infrastructure, encourage energy efficiency and increase residential densities in established urban areas. The amendment would remove a redundant portion of the Urban Floodway Zone from an internal road and residential lots and allow these proposed lots to be developed for residential purposes without having to place onerous planning and economic constraint on the future owners and occupiers of these lots. The rezoning of the redundant portion of the Page 33 of 64 MINUTES OF THE ORDINARY MEETING OF COUNCIL 5 MARCH 2013 land to a Residential 1 Zone is appropriate as it will be consistent with the current zoning that applies to the remainder of the land as well as zoning of the adjacent land to the north, east and west which contain established residential areas. The amendment re-aligns the boundary of the Urban Floodway Zone as a result of subdivision works carried out on the land in accordance with a Stormwater Management Plan approved under Planning Permit PA2011/3202 and provides appropriate recognition of the Stony Creek flood zone environment and overland flows. It is not standard practice to apply for notice exemptions for a Planning Scheme Amendment, however given the location of the site, the current land use zones which could have adverse amenity impact on residential uses, and the proposed land uses would limit amenity impact, it is recommended that notice exemptions be sought for this amendment. 5. Options Council can resolve to either: 6. Support the amendment and request the Minister Planning grant an exemption from the requirements relating to giving notice under the provisions of Section 20(2) of the Planning and Environment Act, 1987; or Support the amendment and request the Minister for Planning provide authorisation for Council to exhibit the amendment; or Refuse the application to amend the Melton Planning Scheme as proposed by the proponent. Conclusion The proposed amendment is considered to be consistent with the Melton Planning Scheme, Melbourne 2030 and the Strategic Assessment Guidelines for Planning Scheme Amendments. It is therefore recommended that Council request that the Minister for Planning authorise the preparation of Amendment C141, and exempt all of the notice provisions under Section 20(2) of the Planning and Environment Act, 1987. LIST OF APPENDICES 1. Locality Map for Planning Scheme Amendment C141 2. Proposed Zoning Map for Amendment C141 Page 34 of 64 MINUTES OF THE ORDINARY MEETING OF COUNCIL 8.9 5 MARCH 2013 PLANNING SCHEME AMENDMENT C140 - SITE SPECIFIC EXCLUSION FOR INDUSTRIAL AND RETAIL USES AT 2 - 50 MESKOS ROAD, ROCKBANK Author: Sophie Thompson- Strategic Planner Presenter: Bob Baggio- Manager Planning PURPOSE OF REPORT To consider a request to amend the Melton Planning Scheme to allow the development of a Concrete Batching Plant, expanded Rock Crushing Facility and Garden Supplies use at 2-50 Meskos Road, Rockbank RECOMMENDATION: That Council: 1. Request that the Minister for Planning authorise the preparation of Amendment C140 – Site Specific Exclusion for Industrial and Retail uses at 2-50 Meskos Road, Rockbank. 2. Following authorisation, give notice of the Amendment as directed by the Minister. Crs Turner/Ramsey. That the recommendation be adopted. Cr Majdlik called for a division of Council. For: Crs Cugliari, Majdlik, Ramsey and Turner. Against: Crs Borg, Carli and Dunn. The Mayor declared the division CARRIED REPORT 1. Background Executive Summary A request has been made from Aurora Construction Materials Pty Ltd seeking Council support to amend the Melton Planning Scheme in order to exclude the site from the requirements of the Urban Growth Zone (UGZ) and allow industrial / retail uses, which would otherwise be prohibited. A request has also been made to introduce an Incorporated Document into the Planning Scheme, which would allow a concrete batching plant to operate on the site, in conjunction with a new rock crushing facility (in place of an existing rock crushing facility) and new garden supplies use. The site, located on Meskos Road in Rockbank, sits adjacent to the Western Freeway. The site already contains an approved nursery and rock crushing facility. The proposed use is expected to provide sustainable concrete products (E-Crete) to assist in the development of future growth areas within the City of Melton. The proposal is considered to be appropriate in this location and the proposed amendment should be supported by Council. Page 35 of 64 MINUTES OF THE ORDINARY MEETING OF COUNCIL 5 MARCH 2013 The Land and Surrounding Area The subject land has an area of 51.73 hectares and is bounded by the Western Freeway, Meskos Road and the Melbourne-Ballarat Rail line (refer Appendix 1). The site currently contains an existing nursery and a rock crushing facility (which expires in 2017). The rock crushing use is currently screened by earth bunds which are visible from Greigs Road. The surrounding area consists of rural properties, with the closest existing dwelling located about 500m from the site. The Amendment A request has been received to amend the Council’s Planning Scheme to facilitate the development of a Concrete Batching Plant, Rock Crushing Facility and Garden Supplies Use on the site. It is proposed to remove the existing crushing plant that operates under a temporary planning permit. These uses are currently prohibited in the Urban Growth Zone – however the existing nursery and rock crushing facility enjoy existing use rights. The proposed uses will be confined to the eastern portion of the site accessed from Meskos Road (refer Appendix 2). The proponents advise as follows: The concrete batching plant and recycling crushing facility is a proposal by ACM. ACM is a supplier of crushed rock and concrete to the residential, civil and construction industries. ACM prides itself on its innovation and intends to set new standards in the manufacture and supply of sustainable construction materials. Replacing conventional cements with waste materials from industrial processes, one of its products E-Crete produces up to 80% less carbon than conventional concrete. ACM is proposing to expand the current operations at the subject site to include a concrete batching plant to make available a large range of different products such as pre-mixed concrete, crushed rock, aggregate, building materials and garden supply materials. All of these products will be essential in the building of the surrounding housing communities for many years to come and in addition provide a local source of employment. This model is currently set up in O’Herns Road, Epping, servicing Melbourne’s northern suburbs and will be replicated at the subject site. ACM’s concrete batching plants are modelled on sustainable practices and are streamlined and enclosed plants, unlike those traditionally developed in Melbourne’s industrial areas. In essence, rock is brought to the site from subdivisions under construction, is crushed on site and then reused in nearby subdivisions for road base and other related construction purposes. Key measures include: All stormwater will be captured on site and this water will be used in the Concrete and Crushing operations. All incoming rock is from construction sites. All concrete slurry waste is captured and reused. A wheel wash is provided for trucks exiting the site. A permanent water cart will be on site under the dust management plan to control site dust. The proposed concrete batching plant epitomises best environmental practice and will operate well within the confines of the traditional concrete batching plant. Page 36 of 64 MINUTES OF THE ORDINARY MEETING OF COUNCIL 5 MARCH 2013 It is anticipated that the recycling crushing facility and concrete batching plant will need to operate at the site for up to 25 years. After this time much of the land development in this growth corridor will be complete and the need for this facility will be much less. The site could then be converted for other more relevant industrial uses. The concrete batching plant will comprise: Car parking; Administration building; Batching plant compound; Wheel wash facility; Sand and aggregate stockpiles; Silo’s; Rock crusher; and Bund walls. The proposed hours of operation for the concrete batching plant and rock crushing facility are: 5.00am to 6.00pm Monday - Saturday 7.00am to 6.00pm Sundays and Public Holidays. The acoustic assessment recommends the following noise control measures in order to minimise noise emission to residential locations and achieve compliance with the SEPP N-1 noise limits. The recommendations have also been developed at an early stage of planning for the project and further opportunities for noise reduction may arise as the design is developed. Area for noise control Recycling Crushing Facility Perimeter bunding around rock stockpile Reversing Beepers Rock Breaker Recommendation Configure the crushing and screening plant to achieve a noise reduction of 15dB(A) to the south and west by the use of localised acoustic screening elements if the proposed rock stockpile and perimeter bund is not sufficient to achieve this degree of attenuation. Maintain the perimeter bunding around the rock stockpile on the southern and western sides to a height nominally 3m above the general level of the rock stockpile. On the other sides it does not need to be more than 2m above the general level of the stockpile. Mobile equipment operating at the site prior to 7am be fitted with broadband reverse alarms which vary their noise output according to the ambient noise level. These reversing alarms should be selected for the lowest noise level consistent with safe operation. Operate the rock breaker at ground level, not on the elevated rock stockpile. The proponent has also engaged Consultants to prepare the following reports to assess possible impacts for the use and development of the site. Recommendations resulting from these reports have been, or will be incorporated into the design, development and operation of the proposed uses. These reports include: Traffic Impact Assessment – no significant traffic issues have been identified. Noise Emission Assessment – the proposal will meet SEPP N-1 requirements for all activity within the specified operating hours. Page 37 of 64 MINUTES OF THE ORDINARY MEETING OF COUNCIL 2. 5 MARCH 2013 Flora and Fauna Assessment – recommendations relating to onsite weed management and provision for landscaping features which will protect the Native Vegetation Grassland (considered to be of State Significance) which applies to the site. Landscape Masterplan – significant landscaping is proposed on bunding. Council Plan Reference and Policy Reference The Melton Shire Council 2009-2013 Council Plan refers to the need to: 3. Protecting our environment. Increasing business and employment opportunities. Ensuring our fast growth is well planned and managed. Financial Considerations Council officer time and resources are involved in the preparation and exhibition of the amendment however statutory fees are required from the proponent to assist in defraying these costs. 4. Consultation/Public Submissions Public notification of the application Exhibition of the amendment will involve notice: 5. To land owners and occupiers, and Government bodies, who may be materially affected by the amendment. In a local newspaper circulating in the area, on Council’s website, and in the Victorian Government Gazette. Issues Strategic assessment of the proposal In line with the Strategic Assessment Guidelines for Planning Scheme Amendments (August 2004), prepared by the State Government, every Planning Scheme Amendment should be strategically supported and maintain or develop the strategic focus of the Planning Scheme. It is necessary to determine whether any amendment supports or implements the State Planning Policy Framework (SPPF) and the Local Planning Policy Framework (LPPF) of the Planning Scheme. Further, Council must determine whether the outcome of the amendment will have any consequences in terms of the Planning Scheme’s directions, useability and transparency. The land is identified for future industrial development in the Western Growth Corridor Plan. Future development of this land will be determined through the preparation of a precinct structure plan. This land is likely to be included in the future Mt Atkinson PSP – which has no timeframe for commencement at this stage. The proposed Concrete Batching use is identified as a ‘Use with Adverse Amenity Potential’ within the Melton Planning Scheme and as such a 300m buffer distance is required between a batching plant and any residentially zoned land. The Western Growth Corridor Plan identifies future mixed use zoning (Business and Residential) to land within the future Mt Atkinson PSP, to the south of Greigs Road. It is considered that the proposal should be assessed by Council on two main criteria: Whether the proposed uses have potential to prejudice the preparation of the future Mt Atkinson PSP. Page 38 of 64 MINUTES OF THE ORDINARY MEETING OF COUNCIL 5 MARCH 2013 Whether the proposed uses have potential to cause unreasonable amenity impacts on surrounding residents. The 300m buffer from the proposed concrete batching plant will encroach on a portion of the land identified for Business and Residential uses (to be located within the Mt Atkinson PSP). However, given this land is also located within close proximity to the railway line and Hopkins Road, it is considered that this land would be more suited to industrial and commercial uses rather than sensitive uses. It is therefore considered that the proposed batching plant and associated uses are not expected to prejudice the preparation and development of this PSP, and in particular any future residentially zoned land. Secondly, the proposed uses on the land are not expected to cause any unreasonable detriment to surrounding dwellings, as they are to be designed and managed to avoid amenity impacts. Some of the design elements which will aid in reducing amenity issues include: Bund walls – to be used to screen the surrounding areas from noise and dust. These walls also act as a visual barrier. Landscaping and vegetation of bund walls – to provide further screening of the facility. Internalisation of Batching Plant – to reduce noise and limit dust. Limitation of Operating Hours. The preparation of consultant reporting for the site and implementation of recommendations made by this reporting, provides further evidence that the design and operation of the site can be done in a manner which will not cause undue amenity impacts to surrounding areas. The proposal will also provide local building materials for the development of the growth areas within the City of Melton. It is also considered that the proposed uses have potential to provide local employment opportunities. It is for the above reasons that the proposal is considered to be appropriate in this location and the proposed amendment should be supported by Council. 6. Options Council can resolve to either: 1. 2. 3. 7. Support the amendment and request the Minister for Planning provide authorisation for Council to exhibit the amendment; or Suggest changes to the amendment, and then submit the amendment and request to the Minister for Planning; or Refuse the application to amend the Melton Planning Scheme as proposed by the proponent. Conclusion The proposed amendment is considered to be consistent with the Melton Planning Scheme, Melbourne 2030 and the Strategic Assessment Guidelines for Planning Scheme Amendments. It is recommended that Council request the Minister for Planning to authorise the preparation of Amendment C140. It is also recommended that once authorised, Council give notice of the Amendment as directed by the Minister. LIST OF APPENDICES 1. Locality Plan 2. Preliminary Plan for the Site Page 39 of 64 MINUTES OF THE ORDINARY MEETING OF COUNCIL 8.10 5 MARCH 2013 METROPOLITAN PLANNING STRATEGY DISCUSSION PAPER Author: Laura-Jo Mellan- Coordinator Strategic Planning Presenter: Bob Baggio- Manager Planning PURPOSE OF REPORT To allow Council to consider its submission to the Minister for Planning in relation to the ‘Melbourne let’s talk about the future’ a Metropolitan Planning Strategy Discussion Paper. RECOMMENDATION: That Council adopts the attached submission and submit this to the Minister for Planning for consideration in the preparation of the Draft Metropolitan Planning Strategy. Crs Ramsey/Turner. That the recommendation be adopted. CARRIED Cr Carli left the chamber at 8.11pm. Cr Carli returned to the chamber at 8.13pm. REPORT 1. Executive Summary The ‘Melbourne let’s talk about the future’ - Metropolitan Planning Strategy Discussion Paper was released for comment on the 26 October 2012 and submissions are due to the Minister for Planning by 28 March 2013. The attached submission, (refer Appendix 1), will form the basis of Council’s submission to the Minister for Planning. It is recommended that Council endorse the attached submission and forward this to the Minister for Planning for consideration in the preparation of the Draft Metropolitan Planning Strategy. 2. Background/Issues For the past ten years, the design of metropolitan Melbourne has been guided by the State Government’s strategic planning document, Melbourne 2030. Recently, however, the Minister for Planning announced that Melbourne 2030 will soon be replaced by a new Metropolitan Strategy developed to manage Melbourne’s growth and change, and contribute to the overall vision for the State including links with regional Victoria. The strategy will help guide Melbourne’s growth and change over the next 30-40 years, and will give communities, businesses and local government the confidence, flexibility and certainty needed to make informed decisions about their future.The aim of the Metropolitan Planning Strategy is: to build on Melbourne’s strengths and character. to guide decisions about development, infrastructure and investment. Page 40 of 64 MINUTES OF THE ORDINARY MEETING OF COUNCIL 5 MARCH 2013 to ensure communities, businesses and councils in Melbourne and regional Victoria can make informed decisions about their future. to provide tools and systems to make it easier to make responsible planning decisions. On 26 October 2012, the Minister for Planning released the discussion paper “Melbourne, let’s talk about the future”, designed to generate discussion about the content of the new Metropolitan Strategy. Submissions are due to the Minister for Planning by 28 March 2013, and the discussion focuses on nine principles grouped in themes relating to aspirations, what needs to change to achieve the vision and what is need to implement the plan: The nine Principles of the ‘Melbourne, let’s talk about the future’ are: 1. A distinctive Melbourne 2. A globally connected and competitive city 3. Social and economic participation 4. Strong communities 5. Environmental resilience 6. A polycentric city linked to regional cities 7. Living locally – a ’20 minute’ city 8. Infrastructure investment that supports city growth 9. Leadership and partnership Council’s submission provides commentary on each of the themes presented in the Metropolitan Planning Strategy Discussion Paper and makes recommendations on what should be considered in the development of the draft Metropolitan Planning Strategy. In summary, Melton City Council is generally supportive of the outcomes and principles contained within the Discussion Paper but notes that in many instances further consideration should be given to how the ideas and concepts emerging from the discussion paper translate into strategies, actions and policy directions that can be implemented across the metropolitan area. It is critical that the objectives of creating local distinctiveness and providing ‘choice’ for all communities is embedded within the outcomes contained within the draft Metropolitan Planning Strategy (MPS). In addition to the suggestions outlined in the discussion on each principle, Melton City Council believe that above all, bipartisan support of the Metropolitan Planning Strategy is required to ensure that everyone is working towards a shared vision and common goals in the short, medium and longer terms. A mechanism for ensuring this bipartisan support could be to enshrine the strategy in legislation to give it the statutory weight that this critical planning document needs if the vision is to be realised. Critical to the success of all outcome principles is investment in the rail, public transport and road networks. If the Metropolitan Planning Strategy is to be the integrated land use planning document that it is intended to be then it is suggested that an Integrated Transport Action Plan for the metropolitan area which identifies projects, timelines, funding requirements and responsible authorities is a fundamental supporting document to the MPS. As with the Metropolitan Planning Strategy this must have bipartisan approval to ensure that everyone understands what is required to deliver on the vision and can commit to the plan. Finally, Melton City Council submits that a clear and measureable implementation strategy must be a key component of the MPS. It must identify actions such as key strategic projects, or further strategies/policies which must be developed for all levels of government which are required to implement the MPS. The implementation strategy should identify a lead agency responsible for the delivery of each action, timescales for completion and potential funding sources to make all those responsible for shaping the future of metropolitan Melbourne accountable. Page 41 of 64 MINUTES OF THE ORDINARY MEETING OF COUNCIL 3. 5 MARCH 2013 Council Plan Reference and Policy Reference The Melton Shire Council 2009-2013 Council Plan refers to the need to: Advocate to the State and Federal Government and to other service providers on behalf of our community 4. Financial Considerations Not applicable. 5. Consultation/Public Submissions The Minister for Planning, through the Plan Melbourne website http://www.planmelbourne.vic.gov.au/ has invited all interested members of the community to make a submission to the Melbourne Planning Strategy Discussion Paper. This submission is to be made by Council. Any individual/organisation who wishes to comment on the Discussion Paper can make their own submission to the Minister of Planning. 6. Risk Analysis If Council chooses not to submit a submission to the Minister for Planning on the Metropolitan Planning Strategy Discussion Paper it misses the opportunity to inform the preparation of the Metropolitan Planning Strategy which will guide investment in infrastructure and integrated land use planning across the metropolitan region. 7. Options Council can either submit the document at Appendix 1 as its submission to the Metropolitan Planning Strategy Discussion Paper, or choose not to make a submission. LIST OF APPENDICES 1. Appendix 1 - Metropolitan Planning Strategy Council's submission Page 42 of 64 MINUTES OF THE ORDINARY MEETING OF COUNCIL 8.11 5 MARCH 2013 COURTHOUSE PLAZA STREETSCAPE RENEWAL - CONSULTATION RESULTS AND THE WAY FORWARD Author: Matthew Hutchinson- Design and Traffic Coordinator Presenter: Brett Luxford- Acting General Manager Planning and Development PURPOSE OF REPORT To detail the results of the public consultation and propose a way forward for the detailed design for future improvements to the Courthouse Plaza, Melton. RECOMMENDATION: 1. That Council undertake further consultation in relation to the Courthouse Plaza and McKenzie Street precinct, particularly utilizing the upcoming opening of the library. 2. That as part of the consultation options be provided for the Courthouse Plaza as a result of the feedback received to date. 3. That a further report be provided to Council on the issue following the consultation process. 4. That Council consider allocating $50,000 in the 2013/2014 budget to undertake immediate improvements to pedestrian access to the Plaza and library, and to undertake a range of place making activities at the Plaza. Crs Ramsey/Borg. That the recommendation be adopted. CARRIED Cr Dunn left the chamber at 8.16pm. Cr Dunn returned to the chamber at 8.17pm. REPORT 1. Executive Summary In 2012 Council established a Community Reference Group to lead the development of a master plan for improvements to the Courthouse Plaza in Melton. In December 2012 Council resolved to publically exhibit the draft plan. Fourteen submissions have been received. The feedback has indicated support for Council’s streetscape improvement works generally and for Council’s intention to improve the Plaza. However, it is also clear that there is mixed views as to how the Plaza should be used in an activation sense, and therefore what actual physical changes and improvements should occur. The issue of linkages to the new library have also been identified, as has the need to establish a clear vision and consistent approach to dealing with this overall precinct. It is recommended that Council undertake further consultation, utilising the forthcoming opening of the new library as a major opportunity for input. In the meantime there are more immediate improvements Council can make to improve pedestrian access to the Plaza and library, along with the opportunity to activate the Plaza with various place making activities. Page 43 of 64 MINUTES OF THE ORDINARY MEETING OF COUNCIL 2. 5 MARCH 2013 Background/Issues The Melton Courthouse precinct is the area fronting Palmerston Street and High Street next to IGA (see Appendix 1). The precinct currently contains a sound shell, taxi rank, three stores, car parking and the clock tower. In May 2011 Council resolved to establish a temporary committee to design the redevelopment of the Courthouse Plaza to bring back to Council for further consideration. As a consequence of Council’s resolution a Community Reference Group (CRG) was established to provide input into the design process. Requests for quotations were sent to various landscape designers and the project was awarded to Land Design Partnership. The design that resulted was based on some of the ideas and themes produced in the High Street Activity Centre Structure Plan 2006. There is a strong connection to the Palmerston Street Streetscape project that was recently completed with the paving and pergola themes continuing. After a number of draft drawings were produced and reviewed by the CRG, a final concept and costing was completed in April 2012. The concept was produced in two stages with some elements in stage two still to be decided. A report on the draft master plan was provided to the 13 December 2012 Ordinary Meeting of Council, where Council resolved: 1. That the Melton Courthouse Concept drawings be publicly exhibited for a period of 30 days. 2. That a further report be provided to Council following the conclusion of the consultation process with a view to adopting a final plan. 3. That Council consider funding the implementation of the final plan as part of the 2013/2014 budget process. The public consultation process has taken place with further details of the submissions received detailed later in this report. Overall there was positive feedback on Council’s desire to undertake improvements to the Courthouse Plaza. There was also positive feedback in relation to other recent improvement works Council has undertaken in the Melton Shopping and Business District including the Palmerston Street bus interchange works. The consultation has also identified a divergence of views as to a range of elements of the intended works at the Plaza, including: The need for a playground New toilet facilities Location of the clock tower and the wooden horse sculpture Extent of tree planting Extent of lighting Need for linkages to the new library Activation of the space through various activities such as performances etc. The future of the Visitor Information Centre – opportunity for a cafe Other opportunities that have emerged include: Improve pedestrian access to the Plaza from the east side of Palmerston Street Reconfiguration of the taxi rank in Palmerston Street Reconfiguration of the car park on the west side of Palmerston Street Page 44 of 64 MINUTES OF THE ORDINARY MEETING OF COUNCIL 5 MARCH 2013 A critical element of improvements to the Plaza is its linkages to McKenzie Street and the new library. McKenzie Street will require significant improvements in the foreseeable future so as to appropriately complement the new library. It is important that upgrade works in both these locations, and others in the Shopping District be undertaken in accordance with a strong vision that has the support of the local community. The new Melton Library is scheduled to open in May with an official opening likely in late May, at an exact date yet to be fixed. A suggested way forward is to undertake further community consultation on the day of the official opening. The opening will have a strong community attendance and will provide for an excellent opportunity to capture community views regarding both Courthouse Plaza and McKenzie Street. Options can be presented as to how to respond to the issues identified in the consultation process to date. A critical element of any streetscape improvement relates to its actual usage. Whilst there is significant costs in the infrastructure upgrades (trees, paving, seating etc) the community usage element is paramount. From the consultation process to date there is divergent views as to what the community seeks to use the space for. In other words there is currently no clear sense as to the community vision for the precinct. There is further opportunity in gather community input through the abovementioned consultation. In the absence of an immediate major upgrade of the Plaza Council can initiate a number of actions: Develop a program of place making activities including things such as activities in the Courthouse such as live music, outdoor cinema and markets Subject to budget approval undertake complementary improvements including, creating a footpath link from the Courthouse to the Library and minor landscaping works at an estimated cost of $50,000 (approximately) (refer Appendix 3). 3. Council Plan Reference and Policy Reference The Melton Shire Council 2009-2013 Council Plan refers to the need to: Provide opportunities for people to come together, socialise and be involved in their community 4. Financial Considerations The estimate cost for stage one is $800,000 (approximately), based on the schematic plan which has been publicly exhibited. A budget of $500,000 for streetscape renewals was allocated in the 2012/2013 budget. This comprised $100,000 for routine minor renewals across the municipality and sits within the Operations unit budget. The remaining $400,000 was made up of a proposed income of $200,000 from the Federal Government, which was the subject of an unsuccessful funding submission. This leaves a balance of $200,000 in the 2012/13 budget. If Council determines to proceed with full design of Stage 1 in its current form, the cost of this can be drawn from the existing budget. If Council proceeds on the basis of the recommendation, immediate works can be undertaken to improve pedestrian access at the cost of approximately $50,000 from within the existing budget. 5. Consultation/Public Submissions Following the public consultation process Council has received 14 responses as detailed in Appendix 2. Page 45 of 64 MINUTES OF THE ORDINARY MEETING OF COUNCIL 5 MARCH 2013 There is overall support for Council’s program of improvements to the streetscape although there a range of different views as to what upgrades and uses should occur in the Plaza. 6. Risk Analysis If Council determines to proceed with Stage 1 as currently presented, it presents some risk of providing an outcome that is not necessary sought by the community. 7. Options 1. That Council determine what changes, if any, to make to the Plaza master plan as a result of the consultation, and then proceed to detailed design. Council would also need to consider allocating money in the 2013/2014 budget to commence works. 2. i) Undertake further community consultation as detailed in the report to enable a clear community vision to be established for the Plaza and McKenzie Street precinct. This would then enable an overall master plan and place making program to be established. ii) As part of the 2013/2014 budget process, consider allocation of money towards complimentary works that will improve access to the Plaza and library in the immediate term, as detailed in the report. LIST OF APPENDICES 1. Couthouse Plaza Streetscape Renewal - Limit of Works 2. Courthouse Plaza Streetscape Renewal comments received 3. Courthouse Plaza Renewal - Interim improvement Page 46 of 64 MINUTES OF THE ORDINARY MEETING OF COUNCIL 8.12 5 MARCH 2013 DOMESTIC ANIMAL MANAGEMENT PLAN REVIEW Author: Ian Stewart- Compliance Manager Presenter: Peter Bean- General Manager Corporate Services PURPOSE OF REPORT For Council to consider the Domestic Animal Management Plan. The Draft plan provides strategic direction for the next four years. RECOMMENDATION: That Council: 1. Adopt the 2012-16 Domestic Animal recommendations set out in the plan. Management Plan and the Committees 2. Acknowledge and thank the four independent community representatives for their contribution in the development of the 2012-16 Domestic Animal Management Plan. Crs Carli/Borg. That the recommendation be adopted. CARRIED Cr Cugliari left the chamber at 8.21pm. Cr Cugliari returned to the chamber at 8.22pm. REPORT 1. Executive Summary The City of Melton Domestic Animal Management Plan Community Liaison Committee has met on four occasions since its creation by Council. The committee has considered the draft plan as well as suggested activities prepared by the Department of Primary Industries. The Community representatives have consulted with their groups and have made a number of suggested alterations to the Draft Plan. The Draft plan is now presented for Council consideration. 2. Background/Issues Council’s is required to prepare a Domestic Animal Management Plan (DAMP) every four years in accordance with section 68A of the Domestic Animal Act. The Council adopted its first DAMP at the Ordinary meeting of Council held on 24 November 2008. The Department of Primary Industries (DPI) who administers the Domestic Animals Act has granted an extension to the 30 June 2013 for Council to adopt this document. At the Ordinary meeting of Council held on the 9 February 2012 Council resolved to establish a Domestic Animal Management Plan Community Liaison Committee. This Committee was endorsed with reviewing the DAMP and making recommendations to Council on its content. Four Community representatives were appointed to the committee at the Ordinary meeting of Council held on the 26 July 2012. Page 47 of 64 MINUTES OF THE ORDINARY MEETING OF COUNCIL 5 MARCH 2013 Council staff attended a workshop convened by DPI that released the new template for the DAMP’s. Staff have converted the old plan into the new template and added in the additional information on the activities currently undertaken as part of the animal management service. The initial draft plan has been presented to the Community Liaison Committee for consideration. DPI also provided each Council with a list of activities (Educational/promotional, and compliance) for consideration. The committee has considered these activities and has made some suggestions for Council to consider. Issues raised by the Committee for Council’s consideration: That Council consider altering the hours of operation of the pound. (Included in draft plan under Overpopulation and High Euthanasia – Objective 1) Have feral cats added as a category in Environmental Management Plans. (To be referred to the next review of the Environmental Management Plan. Review the current registration fees to include a greater differential between sterilized and unsterilized animals to encourage desexing. (Included in draft plan under Overpopulation and High Euthanasia – Objective 1) That Council consider more off-leash animal parks and provide a higher level of amenity.(Included in draft plan under Overpopulation and High Euthanasia – Objective 2) That Council raise awareness on dog fit for various lifestyles. (Included in draft plan under Overpopulation and High Euthanasia – Objective 2) That Council promote awareness about the types of animal services available in the municipality. (Included in draft plan under Overpopulation and High Euthanasia – Objective 2) That Council review the Local Law on the number animals that can be kept and provide guidelines for granting of permits.(Included in draft plan under Overpopulation and High Euthanasia – Objective 1) That Council investigate the possibility of introducing a cat collection program from residents. (Included in draft plan under Overpopulation and High Euthanasia – Objective 1). Issues: Pound Operations A number of options (extend weekday & weekend hours, shift week day hours to latter in the day to suit working families) were considered by the committee. Each of the options was costed so that the committee could see the impact on the budget and animal registrations if these costs needed to be generated from the animal registrations. At the end of the discussion the committee preferred option was to amend the afternoon opening hours from the existing time slot of 3.00pm – 4.30pm to 4.30 – 6.00pm. As these hours are outside the current office hours of the organisation Council would need to amend staff working conditions and provide two staff members to comply with OH&S requirements. To provide this service this would incur additional costs of $25k.Currently Council has about 18,000 animals registered in the municipality which would equate to an additional $1.50 on the current registration fees. Page 48 of 64 MINUTES OF THE ORDINARY MEETING OF COUNCIL 5 MARCH 2013 Feral Cats The committee discussed the issue of cats on rural properties that do not belong to any individual but live in sheds and the like. These cats are generally not desexed and bred without any controls. These cats roam around the rural areas and into reserves where they destroy the native fauna. The committee believed that by including these issues in Environmental Plans this may assist in reducing the problem. Cat Collection Program The committee considered the introduction of a cat collection program (similar to Brimbank), but due to the level of research required it was decided to recommend that Council consider this in year two of the plan (via a separate report to Council). The committee had reservations about providing this service as they believed that the residents should have to contribute to the operation of the service and there would also be considerable development of policies and procedures. Registration Fees The committee considered there should be a greater differential between the sterilized and unsterilized animal registration fees to encourage residents to desex their animals. With Council’s local law on desexing of cats the only option for this variation is in the dog category. By increasing the dog registration by $10 for unsterilized dogs Council could reduce the sterilized registration fee by $7. The committee consider that the costs need to be kept to a minimum to encourage residents to actually register their animals. The committee believed that the above option was at the higher end of the fee variations. Council Website The committee believes that providing greater information on Council’s website will assist in the reduction of dumped animals. This information will assist residents in determining the most suitable breed for their lifestyle as well as providing information on the animal related services available in the municipality. This information should be relatively simple to research and provide links on our website. Off Leash Areas Council currently provides two off-leash areas for dogs. The committee has requested that Council provide additional areas for dogs to socialise and interact. The Committee has also requested that Council consider providing a higher standard at these facilities (Seating, shelter, & water for animals). Council’s Facility and Leisure department has indicated that they are considering off-leash areas as part of the Council’s master plan for two reserves. They have also indicated that shelters, seating and water tanks are currently being considered as part of the upgrade to the existing facilities. Local Law As part of the local law review the committee has requested that Council set some guidelines on the number of animals that may be kept in without a permit. There is no differential between residential and farming properties yet the areas available to house these animals is vastly different. This process could be based on some of the Department of Primary Industries Guidelines. Miscellaneous The other options recommended by the committee were seen as education activities that could easily be incorporated into the plan or added to our website. These activities will be included on our website as we make amendments to the site. Page 49 of 64 MINUTES OF THE ORDINARY MEETING OF COUNCIL 5 MARCH 2013 The Committee’s Recommendations to Council The committee has recommended to Council that the following items be included in the DAMP:- 3. 1. That Council alter the 3.00pm – 4.30pm time slot to 4.30pm – 6.00 on weekdays. 2. That Council include feral cats as a category in Environmental Management Plans. 3. That Council review the current registration fees to include a greater differential between sterilized and unsterilized animals to encourage desexing. 4. That Council consider more off-leash animal parks and provide a higher level of amenity. 5. That Council raise awareness on dogs fit for various lifestyles. 6. That Council promote awareness about the types of animal services available in the municipality. 7. That Council review the Local Law on the number animals that can be kept and provide guidelines for granting of permits. 8. That Council investigate the possibility of introducing a cat collection program from residents. Council Plan Reference and Policy Reference The Melton Shire Council 2009-2013 Council Plan refers to the need to: Practice good governance, social, economic and environmental responsibility. Consult and involve the community to provide responsible, high quality service and facilities. 4. Financial Considerations The altering of the pound hours to include time outside the normal office hours of Council will have a financial impact on Council as staff would need to be rostered differently as well as additional staff to cater for these spread of hours. The additional cost to Council is estimated at $25,000. 5. Consultation/Public Submissions The Animal Management/Welfare Community Liaison Reference Group is an Advisory Committee of Council and they have undertaken consultation with their networks prior to the document being presented to Council. Any recommendations of the Committee would be present to council for ratification. 6. Risk Analysis The Draft Plan does not increase the risk to Council. The internal processes and policies provide the framework to control the identified risks. If Council agree to extend the hours of the pound, additional staff will need to rostered on to provide a safe working environment. The Cat Collection project would require a separate report to Council following further investigations. Page 50 of 64 MINUTES OF THE ORDINARY MEETING OF COUNCIL 7. 5 MARCH 2013 Options The Animal Management/Welfare Community Liaison Reference Group is an Advisory Committee of Council and Council therefore has the discretion to accept, reject or amend its recommendations as Council deems appropriate. LIST OF APPENDICES 1. Domestic Animal Management Plan Page 51 of 64 MINUTES OF THE ORDINARY MEETING OF COUNCIL 9. 5 MARCH 2013 REPORTS OF COMMITTEES Nil. Page 52 of 64 MINUTES OF THE ORDINARY MEETING OF COUNCIL 5 MARCH 2013 10. REPORTS FROM DELEGATES APPOINTED BY COUNCIL TO OTHER BODIES 10.1 PRESENTATION OF WRITTEN AND VERBAL REPORTS FROM COUNCILLORS IN THEIR ROLE AS DELEGATES TO OTHER BODIES Verbal reports were received from Cr Majdlik, Turner, Carli, Cugliari, Dunn and Ramsey. Page 53 of 64 MINUTES OF THE ORDINARY MEETING OF COUNCIL 10.2 5 MARCH 2013 PARLIAMENTARIAN AND DEPARTMENTAL LETTERS RECEIVED BY THE MAYOR The Hon Terry Mulder MP, Minister for Public Transport – Melton Railway Station. The Hon David Davis MP, Minister for Health – Growth and associated health care needs in Melbourne’s West. Procedural Motion Crs Turner/Carli. That the Parliamentarian and Departmental letters received by the Mayor be received and noted. CARRIED LIST OF APPENDICES 1. Correspondence from the Minister for Public Transport 2. Correspondence from the Minister for Health Page 54 of 64 MINUTES OF THE ORDINARY MEETING OF COUNCIL 10.3 5 MARCH 2013 RECORD OF ASSEMBLY OF COUNCILLORS ATTACHED TO THIS AGENDA IN ACCORDANCE WITH SECTION 80A(1) OF THE LOCAL GOVERNMENT ACT 1989 12 February 2013 19 February 2013 26 February 2013 Procedural Motion Crs Ramsey/Dunn. That the Record of Assembly of Councillors attached to this Agenda dated 12 February, 19 February and 26 February 2013 be received and noted. CARRIED LIST OF APPENDICES 1. Record of Assembly 12 February 2013 2. Record of Assembly 19 February 2013 3. Record of Assembly 26 February 2013 Page 55 of 64 MINUTES OF THE ORDINARY MEETING OF COUNCIL 5 MARCH 2013 11. NOTICES OF MOTION Nil. 12. COUNCILLOR’S QUESTIONS WITHOUT NOTICE Cr Carli requested information on the advocacy work of the Mayor regarding the establishment of a 24 hour public hospital in Melton. Cr Carli requested the date for the first meeting of the Public Hospital Advocacy Committee. Cr Borg requested the location of the Council Plan and Budget Planning sessions in previous years and for previous Councils. Cr Ramsey requested clarification relating to the location of the Council Plan and Budget Planning sessions in previous years and for previous Councils. Cr Ramsey requested an update on the Ferris Road Intersection light installation program. 13. MOTIONS WITHOUT NOTICE Cr Dunn That Council advocate for relocation of the bus-stop on the inbound lane of Western Highway adjacent to the Sundowner Caravan Park at Rockbank to a position in Westcott Parade behind the Caravan Park for the public safety of those residents who utilise this service. Cr Turner That Council investigate costs and logistics in providing our residents with the option of an extra free tip day or similar to support Keep Australia Beautiful / Clean Up Australia Day and to encourage more recycling and a tidier City. 14. URGENT BUSINESS Nil. Page 56 of 64 MINUTES OF THE ORDINARY MEETING OF COUNCIL 5 MARCH 2013 15. CONFIDENTIAL BUSINESS Procedural Motion Crs Turner/Cugliari That pursuant to Section 89(2) of the Local Government Act (1989) the meeting be closed to the public to consider the following reports, that are considered confidential for the reasons indicated: 15.1 Minutes of the Audit Committee Meeting held 13 February 2013 - Confidential Items This report is confidential in accordance with s89(2)(b)as it relates to a matter which council considers prejudicial to council or any person 15.2 Contract 13/032 for the Design of the Atherstone Children’s & Community Centre This report is confidential in accordance with s89(2)(d)as it relates to contractual matters 15.3 Property Development Advisory Committee (PDAC) Meeting 26 This report is confidential in accordance with s89(2)(b) (e)as it relates to a matter which council considers prejudicial to council or any person; AND proposed developments 15.4 Environmental Enhancement Policy (EEP) 2012 Compliance Report This report is confidential in accordance with s89(2)(b)as it relates to a matter which council considers prejudicial to council or any person: CARRIED Page 57 of 64 FOI EXEMPT AND NOT AVAILABLE FOR PUBLIC INSPECTION MINUTES OF THE ORDINARY MEETING OF COUNCIL 5 MARCH 2013 Procedural Motion Crs Ramsey/Turner. That recommendations as printed in items 15.1, 15.3 and 15.4 be adopted in block. CARRIED 15.1 MINUTES OF THE AUDIT COMMITTEE MEETING HELD 13 FEBRUARY 2013 CONFIDENTIAL ITEMS Author: Cheryl Santoro- Senior Administration Officer Presenter: Peter Bean- General Manager Corporate Services PURPOSE OF REPORT This report advises Council of the “in-camera” minutes of the Municipal Audit Committee meeting held on 13 February 2013 and recommends actions emanating for the minutes. RECOMMENDATION: That:1. The unconfirmed “in-camera” minutes of the Municipal Audit Committee of 13 February 2013 be noted; and 2. Council endorse the recommended actions as detailed in the unconfirmed “in-camera” minutes of the Municipal Audit Committee meeting held on 13 February 2013. Crs Ramsey/Turner. That the recommendation be adopted. CARRIED Page 58 of 64 FOI EXEMPT AND NOT AVAILABLE FOR PUBLIC INSPECTION MINUTES OF THE ORDINARY MEETING OF COUNCIL 15.2 5 MARCH 2013 CONTRACT 13/032 FOR THE DESIGN OF THE ATHERSTONE CHILDREN’S & COMMUNITY CENTRE Author: Leigh Ryall- Capital Projects Coordinator Presenter: Brett Luxford- Acting General Manager Planning and Development PURPOSE OF REPORT To seek Council’s approval to award Contract 13/032 for the design of the Atherstone Children’s & Community Centre. RECOMMENDATION: That Council authorise the General Manager, Planning & Development to award Contract 13/032 for the Design of the Atherstone Children’s & Community Centre. Crs Ramsey/Borg. That the recommendation be adopted. CARRIED Page 59 of 64 FOI EXEMPT AND NOT AVAILABLE FOR PUBLIC INSPECTION MINUTES OF THE ORDINARY MEETING OF COUNCIL 15.3 5 MARCH 2013 PROPERTY DEVELOPMENT ADVISORY COMMITTEE (PDAC) MEETING 26 Author: Michael Tudball- Growth Areas Executive Presenter: Brett Luxford- Acting General Manager Planning and Development PURPOSE OF REPORT To consider the minutes of the Property Development Advisory Committee from 12 February 2013 (meeting number 26). RECOMMENDATION: That Council endorse the recommendations of the Property Development Advisory Committee, as outlined in the minutes of the meeting held on the 12 February 2013 (refer Appendix 1). Crs Ramsey/Turner. That the recommendation be adopted. CARRIED Page 60 of 64 FOI EXEMPT AND NOT AVAILABLE FOR PUBLIC INSPECTION MINUTES OF THE ORDINARY MEETING OF COUNCIL 15.4 5 MARCH 2013 ENVIRONMENTAL ENHANCEMENT POLICY (EEP) 2012 COMPLIANCE REPORT Author: Adrian Murphy- Environmental Services Coordinator Presenter: Brett Luxford- Acting General Manager Planning and Development PURPOSE OF REPORT To inform Council of the outcome of the 2012 Environmental Enhancement Policy, advise Council that the owners of 43 properties have not complied with the 2012 Environmental Enhancement Policy requirements and seek Council approval to issue these property owners with supplementary rates notices. RECOMMENDATION: That Council; 1. Issue supplementary rates notices to the 43 property owners (see Appendix 1) that have not complied with the requirements of the 2012 Environmental Enhancement Policy. 2. Acknowledge the excellent work done by the vast majority (96%) of rural landholders in managing their land responsibly. 3. Authorise the General Manager Planning and Development to make the final assessment of any appeals by any landowner against the notice of non-compliance. 4. Liaise with the Department of Primary Industries to ensure that those non-conforming landowners are held responsible for weed control pursuant to the Catchment and Land Protection Act 1994. Crs Ramsey/Turner. That the recommendation be adopted. CARRIED Page 61 of 64 MINUTES OF THE ORDINARY MEETING OF COUNCIL 5 MARCH 2013 Procedural Motion Crs Ramsey/Borg. That the meeting be opened to the public. CARRIED 16. CLOSE OF BUSINESS The meeting closed at 9.06pm. Confirmed Dated this ............................................................................CHAIRPERSON Page 62 of 64