Minutes July 19 2011 Council by fMTbVn

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									  ORDINARY COUNCIL MEETING

                          MINUTES
                     TUESDAY 19 JULY, 2011

                           at 7.03pm

                            Venue:

   Maribyrnong City Council, Corner Hyde and
           Napier Streets, Footscray.


Vince Haining
Chief Executive Officer
MEMBERSHIP:


Mayor Sarah Carter
Deputy Mayor Martin Zakharov
Councillor Michael Clarke
Councillor Catherine Cumming
Councillor John Cumming
Councillor Dina Lynch
Councillor Sel Sanli
ORDINARY COUNCIL MEETING MINUTES                                                                         19 JULY 2011




                                   TABLE OF CONTENTS

ITEM                                               SUBJECT                                           PAGE NO

1      WELCOME .................................................................................................. 1

2      PRESENT .................................................................................................... 1

3      APOLOGIES ............................................................................................... 1

4      LEAVE OF ABSENCE ................................................................................ 1

5      CONFLICTS OF INTERESTS ..................................................................... 1

6      PUBLIC QUESTION TIME .......................................................................... 2

7      CONFIRMATION OF MINUTES OF PREVIOUS COUNCIL MEETINGS.... 3

8      MATTERS FROM COMMUNITY ACCESS AND STRATEGIC POLICY .... 4

       8.1      COMMUNITY ACCESS AND STRATEGIC POLICY MINUTES -
                12 JULY 2011ERROR! BOOKMARK NOT DEFINED.ERROR! BOOKMARK NOT DEFI

                8.1.1 PRESENTATION - FOODBANK VICTORIAERROR! BOOKMARK NOT DEFIN

                8.1.2 PRESENTATION - RESIDENTS AGAINST
                      INAPPROPRIATE DEVELOPMENT IN MARIBYRNONGERROR! BOOKMARK

9      BUSINESS .................................................................................................. 6

       9.1      SUSTAINABLE DEVELOPMENT .................................................... 6

                9.1.1 PLANNING SCHEME AMENDMENT C72 - EDGEWATER
                      REZONING, APPROVAL TO SEEK AUTHORISATION ........ 6

                9.1.2 222-224 FRANCIS STREET, YARRAVILLE ........................ 15

                9.1.3 274 BALLARAT ROAD, FOOTSCRAY................................. 35

                9.1.4 FOOTSCRAY CENTRAL ACTIVITIES AREA MASTERPLAN
                      UPDATE ............................................................................... 52

                9.1.5 URBAN PLANNING STATUS REPORT - JUNE 2011 ......... 61

       9.2      COMMUNITY WELLBEING............................................................ 62

                9.2.1 GROWING FOOD, GROWING MARIBYRNONG PROJECT
                      IMPLEMENTATION PLAN ................................................... 62




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ORDINARY COUNCIL MEETING MINUTES                                                              19 JULY 2011




      9.3     CORPORATE SERVICES .............................................................. 70

              9.3.1 CONSTITUTIONAL RECOGNITION OF LOCAL
                    GOVERNMENT .................................................................... 70

              9.3.2 ASSEMBLY OF COUNCILLORS JUNE/JULY 2011 ............ 73

              9.3.3 DELEGATES REPORT 15 JUNE TO 12 JULY 2011 ........... 75

      9.4     NOTICE OF MOTION ..................................................................... 77

              9.4.1 TRAFFIC AND NOISE MANAGEMENT ............................... 77

10    URGENT BUSINESS ................................................................................ 78

11    CONFIDENTIAL BUSINESS ..................................................................... 79

      11.1    CORPORATE SERVICES .............................................................. 79

              11.1.1 PROPOSED ROAD DISCONTINUANCE AND SALE OF
                     COUNCIL SURPLUS LAND AT 13-15 FORD STREET,
                     FOOTSCRAY ....................................................................... 79

12    MEETING CLOSURE ................................................................................ 80




                                               Page (ii)
ORDINARY COUNCIL MEETING MINUTES                                           19 JULY 2011




1     WELCOME

      We acknowledge that we are on traditional lands of the Wurundjeri people.
      We offer our respect to the Elders of these traditional lands, and through them
      to all Aboriginal and Torres Strait Islander peoples past and present.

2     PRESENT

      Mayor Sarah Carter
      Deputy Mayor Martin Zakharov
      Cr Michael Clarke
      Cr Catherine Cumming
      Cr John Cumming
      Cr Dina Lynch
      Cr Sel Sanli

3     APOLOGIES

      There were no apologies at the meeting.

4     LEAVE OF ABSENCE

      There was no leave of absence considered at the meeting.

      Cr Sel Sanli arrived at the meeting at 7.04pm.

5     CONFLICTS OF INTEREST

      The Chair, Mayor Sarah Carter and Cr Sanli declared a conflict of interest, in
      relation to Agenda Item 8.1, Matters from Community Access and Strategic
      Policy, as they had received hospitality from the Western Bulldogs Football
      Club.

      Cr John Cumming declared a conflict of interest in relation to Agenda Item
      9.1.5, Urban Planning Status Report – June 2011, as he owned property
      referenced in the report.

      SUSPENSION OF STANDING ORDERS

      A motion was moved by Cr Michael Clarke, seconded by Cr Catherine
      Cumming, that Council suspend standing orders.

                                                                           CARRIED

      Item 1 – Community Accord

      The Chair, Mayor Sarah Carter, presented a Community Accord, co-signed by
      Council, the Gathering Place Health Service, Department of Justice, Victoria
      Police and the Victorian Multicultural Commission.



                                      Page 1
ORDINARY COUNCIL MEETING MINUTES                                           19 JULY 2011



      RESUMPTION OF STANDING ORDERS

      A motion was moved by Cr Catherine Cumming, seconded by Cr Martin
      Zakharov, that Council resume standing orders.

                                                                            CARRIED

6     PUBLIC QUESTION TIME

      In response to questions raised by Mr Barry Armstrong, the General Manager
      Sustainable Development, Nigel Higgins, advised the Council, that the
      protection of the operations of Blackbird Cruises was outside of the planning
      permit process. Mr Higgins advised that this could be addressed outside of
      the planning permit process.

      Cr Catherine Cumming advised the gallery that the minutes of the Council
      meeting held on Tuesday 21 June, 2011, did reflect Council’s intention to
      ensure that Blackbird Cruises continues operating.

      In response to a question raised by Mr Greg Wray, resident, the General
      Manager Sustainable Development, Nigel Higgins, undertook to provide Mr
      Wray with the number of three storey developments that currently exist in
      Yarraville.

      In response to Mr Alan Ross, Maribyrnong Residents Association, the Chair,
      Mayor Sarah Carter, advised that Council has well established planning
      guidelines and apply ResCode regulations to planning permit applications.

      EXTENSION OF PUBLIC QUESTION TIME

      That Council extend public question time for a further ten minutes.

      Moved by:           Cr Catherine Cumming
      Seconded by:        Cr Michael Clarke

                                                                            CARRIED

      In response to questions raised by Mr Barry Armstrong, the Chief Executive
      Officer, Vince Haining, advised that the Local Government Act 1989, provides
      for Council to deliberate on contractual matters in a confidential session, and
      the proposed road discontinuance and sale of Council surplus Land at 13-15
      Ford Street, Footscray, contained information which was contractual and
      commercial in confidence.

      In response to a question by Ms Robyn Franz, the Team Leader Urban
      Planning, Steven Lionakis, advised that there was no specific definition for the
      term medium density.




                                       Page 2
ORDINARY COUNCIL MEETING MINUTES                                            19 JULY 2011




7     CONFIRMATION OF MINUTES OF PREVIOUS COUNCIL MEETINGS

      Minutes June 21 2011 Council.DOCX

      That the minutes of the Ordinary Meeting of Council held on 21 June
      2011 be confirmed.

Moved by:          Cr Catherine Cumming
Seconded by:       Cr Michael Clarke

                                                                            CARRIED

      Minutes June 28 2011 Council.DOCX

      That the minutes of the Special Meeting of Council held on 28 June 2011
      be confirmed.

Moved by:          Cr Michael Clarke
Seconded by:       Cr John Cumming

                                                                            CARRIED

The Chair, Mayor Sarah Carter and Cr Sel Sanli, declared a conflict of interest in
relation to Agenda Item 8.1.2, Presentation - Residents Against Inappropriate
Development In Maribyrnong, as they had been in receipt of hospitality from the
Western Bulldogs Football Club.

The Chair, Mayor Sarah Carter and Cr Sel Sanli left the meeting at 7.30pm, prior to
any discussion or vote taking place.

Deputy Mayor Martin Zakharov, assumed the role as Chair.




                                       Page 3
ORDINARY COUNCIL MEETING MINUTES                                        19 JULY 2011




8     MATTERS FROM COMMUNITY ACCESS AND STRATEGIC POLICY

      That Council:

      1. Note the draft minutes of the Community Access and Strategic Policy
         meeting held on 12 July 2011 (as attached).
          Minutes July 12 2011 Community Access and Strategic Policy.docx

Moved by:          Cr Dina Lynch
Seconded by:       Cr John Cumming

                                                                         CARRIED

      That Council:

      1. Thank Mr Ric Benjamin, Chief Executive Officer, Foodbank Victoria,
         for his presentation.
      2. Receive a further report exploring opportunities for Council to work
         with Foodbank Victoria.
      3. Thank the representatives of the Residents Against Inappropriate
         Development In Maribyrnong, for their presentation.
      4. Re-affirms its commitment to keeping the Residents Against
         Inappropriate Development In Maribyrnong, informed of all outcomes
         in relation to the Edgewater Development.

Moved by:         Cr Dina Lynch
Seconded by:      Cr John Cumming

                                                                         CARRIED


The Chair, Mayor Sarah Carter and Cr Sel Sanli returned to the meeting at 7.33pm.




                                      Page 4
ORDINARY COUNCIL MEETING MINUTES                                     19 JULY 2011




PETITION – MARTIN RESERVE, WEST FOOTSCRAY

COUNCIL RESOLUTION
That Council:
1.   Receive the petition from the residents of West Footscray, in regard to
     improvement works at Martin Reserve, West Footscray.

2.   Refer the petition to the General Manager Community Wellbeing for
     consideration and response.

Moved by:        Cr Catherine Cumming
Seconded by:     Cr John Cumming

                                                                      CARRIED




                                    Page 5
ORDINARY COUNCIL MEETING MINUTES                                         19 JULY 2011




9     BUSINESS

9.1 SUSTAINABLE DEVELOPMENT

9.1.1 PLANNING SCHEME AMENDMENT C72 - EDGEWATER REZONING,
      APPROVAL TO SEEK AUTHORISATION

File No:                           URB-40-093
Attachments:                       Schedule11 DDO pdf
                                   Consultation Strategy Amendment C72 doc
                                   C72 Amendment Maps pdf
Responsible Officer:               Nigel Higgins
                                   General Manager Sustainable Development
Author:                            Josh Gould
                                   Strategic Planner


PURPOSE

To report to Council on the progress of the proposed Planning Scheme amendment
C72, which seeks to rezone part of the Edgewater Estate.

The report recommends that Council proceed to request the Minister for Planning to
authorise Maribyrnong City Council to prepare an amendment to the Maribyrnong
Planning Scheme.

BACKGROUND

Amendment C72 applies to land known as Edgewater Estate (the Estate),
Maribyrnong.

The amendment proposes to implement a new planning framework for the Estate, to
recognise the developed nature of most of the Estate, by:

     Rezoning part of the Estate from Comprehensive Development Zone (CDZ3)
      to part Residential 1 Zone (R1Z), part Business 1 Zone (B1Z), part Mixed Use
      Zone (MUZ) and part Public Park and Recreation Zone (PPRZ)
     Removing the Land Subject to Inundation Overlay Schedule 1 (LSIO1) from
      the whole of the Estate
     Removing the Development Contributions Plan Overlay Schedule 2 (DCP02)
      from the whole of the Estate
     Applying a new Land Subject to Inundation Overlay (LSIO) to areas currently
      prone to flooding across the Estate
     Applying a new Design and Development Overlay and schedule (DDO11) to
      the residential areas of the Estate that are to be rezoned.



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Site Description and Surrounds

The land is occupied by:

     Approximately 600 fully developed residential lots
     A neighbourhood activity centre
     A large provision of public open space along the Maribyrnong River, including
      Burndap Lakes.

The Estate is bounded by Gordon Street to the west, Owen Street to the south, the
Maribyrnong River to the east, and Pipemakers Park to the north.

Site History

The site, comprising 95 hectares of land, was previously used as the Australian
Defence Industries Ammunition facility. The Saltwater Gunpowder Magazine was
established in 1878 by Victorian colonial administration, from which the area
developed to become a key location for the manufacture of ammunition and military
supplies from its inception, through to the post World War II period.

Since 1993, the land has been zoned for a range of uses and development has
progressively occurred on the precinct. The Estate commenced on the site in 2001.

Planning History of the Site

The site is currently zoned CDZ3. This zoning was applied to the Estate at the
approval of the Maribyrnong Planning Scheme on 9 December 1999. The Riverside
Physical Framework Plan No.1 (1992) is the incorporated plan for the land.

The land was previously zoned to Riverside Mixed Use No.1 (Footscray), and
Riverside Residential No 1 (Footscray) to allow the residential business use and
development of the land under amendment L36 to the Footscray Planning Scheme
and amendment L46 to the Sunshine Planning Scheme, in 1993.

The panel report (September 1998) for the new format Maribyrnong Planning
Scheme recommended that the site be included in the CDZ3. The panel agreed that
the CDZ3 was appropriate for the land to facilitate the complex form of development
approved for the land.

A DCPO2 and an Environmental Audit Overlay (EAO) cover the entirety of the
Estate. An Incorporated Plan Overlay (Schedule 3) applies to the Maribyrnong River
along the east of the site.

Heritage overlays apply to two areas of the site. Heritage Overlay 45 applies to the
Jacks Magazine area (formerly Saltwater River Magazine). Heritage Overlay 131
applies to the former administration and amenities buildings of the Australian
Defence Industries.



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A Land Subject to Inundation Overlay (Schedule 1) applies to areas formerly
declared as flood prone adjacent to the Maribyrnong River and the Edgewater Lake.
This overlay also applies to a small section of land at Ibis Place.

The 1998 panel discussion that recommended the use of the CDZ3, also noted that
the zone was not the preferred zone as a long term measure, and that zoning should
revert back to a range of residential and business zoning when full construction of the
site is completed.

Why is the Amendment Required?

The amendment is required to implement a new planning framework for the Estate.
There is a clear, long standing expectation that, when developed, the Estate will be
rezoned from CDZ3, to more standard zones, and hence a more conventional use of
the standard Victorian Planning Provisions. Most stages of the Estate are fully
developed, and these completed stages of the overall development should be
rezoned to reflect their current use.

Preliminary Discussions with Owner

Council contacted the Estate site developer, Delfin Lend Lease, in December 2007,
with a draft project brief for reviewing the planning controls at the Estate. Delfin Lend
Lease have since been involved in the ongoing investigation and discussion of the
proposed amendment.

Amendment Process to Date

The request for the amendment and authorisation initiates the start of the Planning
Scheme amendment process, which then follows a process for exhibiting the
amendment, submissions, and panel hearings (if necessary), and if appropriate,
adoption by Council, and approval by the Minister for Planning.

POLICY CONTEXT

      Council Plan 2009-2013
      Maribyrnong Planning Scheme.

Objectives of Planning in Victoria

The amendment implements the objectives of planning in Victoria, in particular
sections 4(1)(a), 4(1)(b), 4(1)(c) and 4(1)(g) of the Planning and Environment Act
1987 (the Act) by:

      Providing for the fair, orderly, economic and sustainable use, and
       development of land
      Providing for the protection of natural and man made resources and the
       maintenance of ecological processes and genetic diversity
      Securing a pleasant, efficient and safe working, living and recreational
       environment for all Victorians and visitors to Victoria

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      Balancing the present and future interests of all Victorians.

State Planning Policy Framework

This amendment is consistent with the State Planning Policy Framework in that it:

      Distinguishes the developed mix of land uses available ranging from
       residential, commercial, recreational and other community uses (Clause 11 –
       Settlement)
      Assists in the protection of an environmentally sensitive area by applying the
       PPRZ (Clause 12 – Environmental and Landscape Values)
      Applies a new LSIO, identifies the Edgewater Lake as a flood hazard, and
       assists in the protection of nearby life, property and infrastructure (Clause 13 –
       Environmental Risks)
      Recognises the existing range of residential development across the estate by
       applying the more conventional R1Z over developed land (Clause 16 –
       Housing)
      Applies the B1Z and MUZ to the developed commercial areas of the Estate,
       identifies it as an area to meet the communities needs for retail, office and
       other commercial services, as well as contributing to the network of activity
       centres across the municipality (Clause 17 – Economic Development).

Local Planning Policy Framework (Municipal Strategic Statement)

Clause 21.01 – Municipal profile:

The Regional Context map identifies the land for ‘Major Residential Redevelopment’.
Due to the current status of the residential land in the estate being developed, the
rezoning of this to R1Z will further implement the recognition in the Regional Context
map.

Clause 21.02 – Key issues:

Clause 21.02 states that large scale estates will be developed on surplus ADI sites
as further indicated on the Major Residential Opportunities Map. Given the
development status of the Estate, it is fitting to rezone the developed sections of the
estate to typical residential, commercial, mixed use, public park and recreation
zones.

Clause 21.03 – Vision 2011 and strategic physical framework plan:

Although there is no specific mention of the Edgewater development, the clause
notes that new housing will be built on surplus Commonwealth Government land,
giving the municipality a greater residential focus. It states to aim for 50 per cent of
the total land area to be used for residential purposes. The current developed
residential land, proposed amendment and associated planning control (R1Z), assist
in achieving this.



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The clause further states that there will be a creation of new smaller activity centres,
which has occurred through the development of the commercial precinct on and near
Gordon Street. Rezoning this area to B1Z assists in identifying this as a new
Neighbourhood Activity Centre.

Clause 21.04 – Objectives–strategies–implementation:

The amendment supports the implementation measures of the clause to achieve
various objectives and strategies. These measures include:

Clause 21.04.1 – Residential land use:

Given the developed nature of most of the residential sections of the estate, the
implementation measure set out in the clause to apply the R1Z to established
residential areas will be achieved through this amendment.

Clause 21.04.2 – The Maribyrnong River and Valley:

The Maribyrnong River and Valley clause states to apply the PPRZ to established
public open space and recreation areas. Due to the open space and Edgewater
Lake being developed as part of the Edgewater Estate, the amendment supports this
implementation practice.

Clause 21.04.3 – Open space:

As part of the Edgewater development, new public open space was provided. Due to
the established nature of this open space, the PPRZ is to be applied as supported by
the implementation measure of this clause.

Clause 21.04.6 - Activity centres and retailing:

The developed commercial properties on the Gordon Street entrance of the Estate
are identified in the Activity (Retail) Centre Framework Plan (Element 6) as an area
for ‘Opportunities for future retail developments.’ As the majority of this is now
constructed, applying the MUZ and B1Z will assist in identifying future retail and
Activity Centres in Maribyrnong as set out in the clause.

Local Planning Policies

Clause 22.01 – R1Z Land Use and Development Policy:

The objectives set out in this clause have been achieved during the construction
stage of the Edgewater project. The rezoning of this land to R1Z further implements
these objectives and makes the residential area of the estate consistent with the
clause and other residential land across the municipality.

Clause 22.03 – B1Z and B4Z Policy:

Rezoning of the commercial area to B1Z provides recognition of the Edgewater
Neighbourhood Activity Centre, which has achieved the objectives set out in the
clause during the development stages.

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Clause 22.04-1 – Former Commonwealth Land:

The commercial area of the estate is identified in this clause as being an area for
commercial/mixed use development. Given that this area is now developed for its
intended use and contains a range of small and medium sized businesses, it is now
appropriate to rezone the area from the CDZ3 to the B1Z and MUZ.

Clause 22.08 - Potentially contaminated land:

The retention of the EAO over parts of the Estate ensures the objectives set out in
the clause, to properly address health and safety issues and threats to the
environment, are being met.

Clause 22.10 - Maribyrnong Valley Parklands policy:

Applying the PPRZ to open space situated along the Maribyrnong Valley achieves
the objectives set out in the clause to conserve, protect and enhance the outstanding
recreational opportunities of the Parklands.

COUNCIL PLAN

Building Community Spirit, Engagement And Places

We will build community spirit through the provision of quality facilities, responsive
services and people based places with a focus on community engagement and
participation in civic life.

STRATEGIC RESOURCE PLAN

Not applicable.

SUSTAINABILITY IMPLICATIONS

COMMUNITY

Not applicable.

ECONOMIC

The amendment will have positive social and economic effects and benefits through
the provision of:

      Business zoning and areas available for a range of retail and office uses
      Sustainable and livable residential spaces
      Permanent open and recreation spaces.




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ENVIRONMENT

The amendment will have positive environmental effects on land use and
development. The amendment will:

      Provide for the permanent recognition and protection of recreation and open
       spaces
      Recognise accurate flood mapping and risk for the Estate
      Enhance livable residential and community spaces.

HUMAN RIGHTS CONSIDERATION

This report and its contents do not impede the human rights listed in the Charter of
Human Rights and Responsibilities Act 2006.

CONSULTATION

Consultation will occur with the Edgewater Residents Association as part of the
exhibition process. Notice of the amendment will be advertised to all owners and
occupiers of properties affected, with the potential for information sessions to be held
at the Delfin Lend Lease Offices at Edgewater. A consultation plan for this
amendment has been prepared (attached).

DISCUSSION

Victorian Planning Provisions

The amendment makes proper use of the Victoria Planning Provisions, and uses the
appropriate tools and mechanisms available under the provisions. The amendment
proposes to change zoning and overlay maps. There are no alternative ways or tools
to achieve these changes to the Maribyrnong Planning Scheme, other than through a
formal Planning Scheme amendment.

In the case of this amendment, the primary changes to zoning maps are the rezoning
of land from CDZ3 to R1Z. The R1Z is the appropriate tool or zone to reflect the
sections of the Estate that are now fully used and developed for residential purposes,
and to PPRZ, the appropriate tool or zone to reflect the sections of the Estate that
are now used for public park or recreation purposes.

Overview

Amendment C72 seeks to rezone areas of the Estate to reflect their current use as
areas of residential, business, public park and recreation, or mixed use. Attached is
a map showing the current zoning of the Estate, and a map showing the proposed
rezoning of the Estate.

A conventional residential zone is now appropriate for developed residential sections,
as the CDZ3 is no longer required to guide residential development of these areas.


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All residential stages are to be rezoned to R1Z, except the yet to be fully developed
areas (which will remain CDZ3), specifically:

      Most of Stage 2, including “the outlook” (yet to be fully developed areas on the
       escarpment, south and north of Edgewater Boulevard)
      Stage 7c (large future residential area in the north of the Estate, bordering the
       repository and Jack’s Magazine)
      Parts of stage 7b2 (80 La Scala Avenue, 130 La Scale Avenue and 31
       Edgewater Boulevard)
      Lakeside sites (20 Pier Lane, 33 Cumberland Drive, 51 Cumberland Drive and
       55 Cumberland Drive).

Rezoning land to B1Z will recognise existing buildings/sites in the Estate that are fully
developed and used for commercial purposes. Areas to be rezoned to B1Z include:

      The ICAMS Building on Gordon Street (421-499 Gordon Street)
      Building No. 306 (401 Gordon Street – the southern corner of Gordon Street
       and Edgewater Boulevard)
      Building No. 309 (30-48 Edgewater Boulevard and 52A Mary Walsh Street)
      Land north of Edgewater Boulevard, west of Case Street (Aldi Supermarket
       and shops, located at 11-21 Edgewater Boulevard)
      Land north of Thomas Holmes Street, west of La Scala Avenue (Lot F used for
       offices, located at 1 Thomas Holmes Street).

Rezoning land to the MUZ will recognise the current mixed residential and
commercial uses in the south-west corner of the Estate.

Rezoning land to PPRZ will recognise land that is permanently used and managed
for public open space in and around existing developed areas of the Estate.

The DCPO2 will be removed from the whole of the Estate as development
contributions towards community infrastructure have already been made by
developers, Delfin Lend Lease.

The LSIO1 will be removed from the entire Estate and replaced by a new LSIO
based on updated flooding advice from Melbourne Water. Refer to C72 Amendment
Maps for a map showing the location of the proposed LSIO.

The EAO covering the Estate will be retained.

A new DDO11 will be introduced across the residential areas of the Estate,
specifically protecting the character and consistency of front fencing in Edgewater.
Refer to C72 amendment maps for a map showing the location of the proposed
DDO11.



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Currently, an established front fence character is present across the Estate, with front
fences being a consistent one metre in height as well as being built to a particular
style. This is controlled through the CDZ3 and the Edgewater Housing
Establishment Requirements.

Through the removal of the CDZ3 and the Section 173 Agreement, the current
development guidelines and requirements on the land will be discontinued. The
requirements set out in the Section 173 Agreements expire when rezoning occurs.
Future residential development will have to comply with the provisions set out in the
R1Z, and the coinciding Rescode standards and guidelines (Clause 54 to 56 of the
Maribyrnong Planning Scheme).

However, in a R1Z, a permit is not required to construct a front fence greater than
one metre on lot sizes greater than 300 square metres. Through the introduction of
the DDO schedule, a permit will be required to be obtained to construct a front fence
greater than one metre on all residential properties identified by the overlay. Please
refer to the attached DDO11 for a draft version of the proposed schedule to the DDO.

Given that areas of the Estate are yet to be fully developed, it is expected that a
second amendment will be necessary in the future to complete rezoning across the
remaining parcels.

RESOURCE IMPLICATIONS

No financial resource impact.

CONCLUSION

This proposed amendment will rezone areas of the Estate that are now fully
developed for residential, commercial or recreational purposes, to conventional
zones under the Victorian Planning Provisions.

Delfin Lend Lease supports Council undertaking the Edgewater rezoning amendment
process.

This amendment can be expected to be the first of two separate amendments
required to complete the full rezoning of the Edgewater Estate.

OFFICER RECOMMENDATION/COUNCIL RESOLUTION
That Council request the Minister for Planning authorise Maribyrnong City
Council to prepare and exhibit Amendment C72, Edgewater Estate rezoning, to
the Maribyrnong Planning Scheme.

Moved by:          Cr John Cumming
Seconded by:       Cr Dina Lynch

                                                                             CARRIED




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9.1.2 222-224 FRANCIS STREET, YARRAVILLE

File No:                           TP531/2010
Responsible Officer:               Nigel Higgins
                                   General Manager Sustainable Development
Author:                            Steven Lionakis
                                   Team Leader Urban Planning


 APPLICATION RECEIVED:                 13-Oct-2010
 APPLICATION NUMBER:                   TP531/2010 (V0)
 APPLICANT:                            Daniel Bowden Town Planning
 SITE ADDRESS:                         222-224 Francis Street, Yarraville
 PROPOSAL:                             Construction of a three storey building,
                                       comprising 11 dwellings over two lots, and
                                       construction of a crossover for land adjacent
                                       to a Road Zone (Category 1)
 ZONING:                               R1Z - Residential 1 Zone, RDZ1 - Road Zone
                                       Category 1
 OVERLAYS:                             DCPO6 - Development Contributions Plan
                                       Overlay (Schedule 6)
 INTERNAL REFERRALS:                   Civil Design and Transport, City Operations
                                       and Maintenance
 EXTERNAL REFERRALS:                   VicRoads
 COST OF DEVELOPMENT:                  $2,000,000
 WARD:                                 Wattle
 ADVERTISED:                           Yes
 NUMBER OF OBJECTIONS:                 47
 DATE OF PLANNING FORUM:               28 June 2011


PURPOSE

This report describes the planning process for an application for the construction of a
three storey building, comprising 11 dwellings over two lots, and construction of a
crossover for land adjacent to a Road Zone Category 1 (RDZ1), on the site known as
222-224 Francis Street, Yarraville.

This report evaluates the application state and local policy matters, design
assessment, comments from referrals and issues raised by the objectors. This report
recommends that the application be approved subject to conditions.

PROPOSAL

The proposal is summarised as follows:

     The demolition of the existing dwellings over the two lots



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     Construction of a three storey building with a maximum height of 11.03
      metres, from natural ground level over the two lots
     The building comprises a total of 11 dwellings allocated as follows:
           Three, one bedroom
           Seven, two bedroom
           One, three bedroom.
     The building comprises two dwellings at ground level, orientated to Francis
      Street, which are screened by a high fence, and are provided with dual access
      (from Francis Street and entry foyer)
     Carparking for 12 cars located at the rear, with access provided via a new
      double width crossover along Francis Street, adjacent to the eastern boundary
     The carpark also comprises seven bicycle spaces, bin storage areas and
      storage spaces
     Pedestrian access to the building is via Francis Street
     A lift is provided to the building
     The dwellings have a mixture of floor layouts with areas ranging from 50
      square metres to a maximum of 145 square metres
     Each dwelling has open plan living areas
     Secluded private open spaces are in the form of courtyards for the ground
      floor dwellings, and balconies for the first and second floor dwellings
     Perimeter landscaping provided along the title boundaries and within the
      frontage
     The building is partially built on the western boundary with a maximum height
      of 3.3 metres
     At ground level, the building will have setbacks of 7.7 metres from Francis
      Street, 1 metre from the eastern and western boundaries and 2.1 metres from
      the northern boundary
     At first floor level, the building will have setbacks of 6.2 metres from Francis
      Street (including balcony), 1.85 metres from the western boundary, 2.45
      metres from the eastern boundary and 4.45 metres from the northern
      boundary
     At second floor level, the building will have setbacks of 7.63 metres from
      Francis Street (including balcony), 1.85 metres from the western boundary
      (including balcony), 4.1 metres from the eastern boundary and 4.45 metres
      from the northern boundary (including balcony)
     Site coverage is 59 per cent.

SITE AND SURROUNDS

Subject Site

The application site is located on the northern side of Francis Street approximately
125 metres west of Williamstown Road, Yarraville. The subject site is 187 metres to
the east of Cruickshank Park.

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The site comprises two lots (under the same ownership) known as Lots 65 and 66 on
Plan of Subdivision 013437, and are rated as 222-224 Francis Street, Yarraville.

The combined sites are regular in shape with a frontage to Francis Street of 24.38
metres, a depth of 42 metres and an overall site area of 1,023 square metres. A 1.8
metre wide drainage easement runs along the northern (rear) boundary, and the site
is relatively level.

The two sites are currently occupied by inter-war, single storey, weatherboard
dwellings with frontage setbacks of 7.6 metres from Francis Street. The dwellings
are provided with crossovers along Francis Street with accessways situated along
one of the side boundaries. Both dwellings have a height of 5.94 metres, and a 1.2
metre high picket front fence.

The Certificate of Title for each lot includes a registered covenant, which relate to the
prohibition of quarrying from the sites.

Surrounding Area

The subject site is situated within a Residential 1 Zone (R1Z), and the surrounding
area is predominantly residential.

To the north and south (Eirene and Bena Streets) is a residential area comprising
single storey dwellings with consistent front setbacks, well maintained front gardens,
low front fences, single width crossovers and open rear yards. Multi-dwelling
developments are not common within these streets, and the dwelling styles are
predominantly from the inter-war period, with spacing between dwellings being the
prevailing characteristics.

The properties within the vicinity of the site along Francis Street comprise single
storey dwellings, with frontage setbacks in the vicinity of 7.5 metres and low front
fences.

Double storey built forms are found throughout the Francis Street streetscape. A
recent planning approval has been issued for the construction of four, double storey
dwellings on the north east corner of Bena and Francis Street. Additionally, a two
storey development occupies the south-west corner of Bena and Francis Street.

A five storey building is located further east (approximately 180 metres - located on
the corner of Williamstown Road and Francis Street), and a small mixed use area
comprising a number of two storey forms are also situated within the mixed use
precinct at this intersection.

Francis Street functions as a primary arterial road, and is listed as a RDZ1, and runs
in an east-west direction, linking the Melbourne Ports to Brooklyn. The road is
configured with four lanes, is approximately 20 metres wide, and is a main truck
route. Francis Street has a truck curfew, which prohibits heavy loaded vehicles using
the road network between the hours of 8pm and 6am Monday to Saturday, and 1pm
Saturday to 6am Monday.


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Abutting Properties

The adjoining property to the east (220 Francis Street) comprises a single storey,
brick dwelling with a setback of 7.5 metres from Francis Street, and 0.8 metres from
the common boundary. The dwelling has a height of 6 metres and vehicle access is
provided along the eastern boundary. A number of windows are situated along the
western elevation (adjacent to the application site), and 0.8 metre high brick fence
runs along the frontage of the site.

The adjoining property to the west (226 Francis Street) comprises a single storey,
weatherboard dwelling with a frontage setback of 7.9 metres. A garage is situated at
the rear with a setback of 1 metre from the common boundary, and vehicle access is
provided along Eirene Street. A 0.95 metre high chain wire fence runs along the
frontage of the site. The dwelling has a height of approximately 6 metres.

The adjoining property to the north (23 Eirene Street) is occupied by a double storey
dwelling with a maximum height of 7.07 metres, and setback 1.1 metres from the
common boundary.

PLANNING SCHEME AMENDMENTS

Amendment C82

Amendment C82 seeks to revise the Local Planning Policy Framework of the
Maribyrnong Planning Scheme. The revision includes the introduction of a new
Municipal Strategic Statement (MSS ) at Clause 21, and a revised Clause 22 (which
includes the deletion of Clause 22.01). The amendment also seeks to introduces the
Neighbourhood Character Statements for different precincts throughout the
municipality and identify areas of incremental change. The amendment has been
adopted by Council and is currently awaiting gazettal by the Minister. On this basis it
is considered that amendment C82 is a seriously entertained planning proposal
pursuant to s601(A)(h) of the Planning and Environment Act 1987.

RESTRICTIVE COVENANTS

As stated, restrictive covenants are registered on both lots, which relate to the
prohibition of quarrying, and as such the proposed application does not contravene
these registered covenants.

HUMAN RIGHTS CONSIDERATION

This application has been assessed in accordance with the requirements of the
Planning and Environment Act 1987 (including the Maribyrnong Planning Scheme),
reviewed by the State Government, and complies with the Victorian Charter of
Human Rights and Responsibilities Act 2006.




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MARIBYRNONG PLANNING SCHEME

The State Planning Policy Framework (SPPF)

Relevant to the assessment of the current application are:

     Clause 11 – Settlement
           11.04 – Metropolitan Melbourne
     Clause 15 – Built Environment and heritage
           15.02 – Sustainable development
     Clause 16- Housing
           16.01 – Residential development
           16.02 – Housing form.

The Local Planning Policy Framework (LPPF) - including the Municipal
Strategic Statement (MSS)

Relevant to the assessment of the current application are:

     Clause 21.04-1 – Residential Land Use Policy
     Clause 22.01 – Residential 1 Zone Land Use and Development Policy.

Neighbourhood Character Statement

The Neighbourhood Character Statements have been adopted as part of
Amendment C82, which identifies the key characteristics of each precinct.

The site falls within the Garden Suburban 6 precinct (GS6), and the preferred
character statement is identified as follows:

      “This precinct will continue to be characterised by the garden settings of
      dwellings and the older, well-maintained housing stock. The retention of older
      dwellings, including those from the Federation and Inter war eras will maintain
      the sense of history evident in the area, while new development will continue
      to add to the mix of architectural styles. New dwellings will respect the low-
      scale, horizontal emphasis of the existing built form and will incorporate well-
      articulated façades that add interest to streetscapes. New development will
      make the best use of small front setbacks through the planting of small trees,
      shrubs and garden beds that complement the existing vegetation in the
      streetscape. Buildings will be set back from all side boundaries in accordance
      with the predominant setback pattern in the street. Front boundaries will be
      used to delineate between the public and private realm through the use of low,
      permeable front fences that allow views to gardens and dwellings.”

It should be noted that the character statement aims to achieve preferred outcomes
for precincts, and is not intended to be mandatory requirements.

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Residential 1 Zone

Pursuant to Clause 32.01-4 of the Maribyrnong Planning Scheme a planning permit
is required to:

      Construct two or more dwellings on a lot.

Development Contribution Plan Overlay

Pursuant to Clause 45.06 Schedule 6, all net new dwelling development is required
to contribute towards identified community infrastructure, in accordance with the
provisions of the schedule.

A total contribution of $4,050 is applicable in this instance.

Clause 55 – Two or More Dwellings on a Lot and Residential Buildings

Clause 55 (ResCode) is applicable to the assessment of this application.

NOTIFICATION

Pursuant to Section 52 of the Planning and Environment Act 1987, the application
was advertised by sending notices to the owners and occupiers of
surrounding/adjoining land, and by requiring a notice to be erected on the land for a
period of 14 days.

53 objections have been received to the proposal.

The grounds of objections are summarised as:

      Neighbourhood character
      Three storey height, visual bulk, over development
      Removal of period dwellings
      No strategic planning justification
      Insufficient side and rear setbacks
      Insufficient visitor car parking
      Insufficient resident car parking
      Traffic congestion
      Insufficient infrastructure (roads)
      Traffic safety
      Overshadowing
      Loss of daylight
      Overlooking
      Loss of existing vegetation

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      Waste collection
      Loss of property values
      Noise issues.

PLANNING FORUM/CONSULTATION MEETING

A Planning Forum was held on the 28 June 2011 chaired by Cr John Cumming. The
meeting was attended by Cr Carter, Cr Zakharov, Cr Clarke, Cr Lynch, Cr Sanli,
Council’s planning officer, the applicant and a number of objectors. The issues
discussed at the meeting further elaborated on the grounds of objections and no
resolutions were achieved.

REFERRALS

External

VicRoads has assessed the plans and provided a letter on 19 April 2011, advising
that it has no objections to the proposal, subject to a number of conditions on any
planning permit.

Internal

The application was referred internally to the following departments:

Civil Design and Transport

Council’s Transport department has viewed the proposal, and has no concerns with
the onsite parking allocation for the residents and the general parking layout. It is
noted that some concern was raised with the lack of any visitor parking on the site.

Council’s Civil Design department had no significant concerns with the proposed
development, and recommended approval with a number of standard conditions on
any planning permit.

PLANNING OFFICER ASSESSMENT

Strategic Assessment

The proposal to develop the land for the purpose of constructing a three storey
building comprising 11 dwellings, is consistent with State planning policies. The
proposal provides an active frontage to Francis Street, as well as providing a variety
of housing options for different types of households. The size and scale of the
development is considered appropriate, having regard to the site’s abuttal to the
surrounding environs and the site’s abuttal to a RDZ1 (arterial road).

State planning policies clearly direct medium/high density development to areas
which are well serviced by a range of public transport facilities. The subject site has
convenient access to bus services on Francis Street and Williamstown Road, and is
located approximately 1.2 kilometres from Yarraville Railway Station.



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The proposal is consistent with Council’s MSS and LPPF, as it encourages medium
density development throughout the City, where opportunities arise for such
development to occur with minimum impact on existing residential character and
amenity, if designs are based on good urban design principles. The subject site is
considered to be of an appropriate size to accommodate residential development
greater than two storeys in height, as it graduates in height from site boundaries.

Overall, it is considered that the proposal has satisfied all the relevant clauses
contained within the SPPF and LPPF.

Statutory Assessment

The key issues for considerations of the proposed application are as follows:

      Does the development adequately address the neighbourhood character of
       the area?
      Is the proposal an overdevelopment of the site?
      Are there any adverse impacts on adjoining properties?
      Does the proposed development provide appropriate internal amenity for
       residents?
      Is adequate carparking provided on site to cate for residents and visitors?

An assessment against the above questions would also cover the non-compliance
sections of Clause 55 of the Maribyrnong Planning Scheme, and the majority of
objectors concerns.

Does the development adequately address the neighbourhood character of the
area?

The objectors perceive that the proposed development is out of character with the
immediate area. The site is located within a residential area that is undergoing
incremental medium scale, as well as multi-storey, infill development. The
consolidation of two allotments, coupled with the arterial road (Francis Street)
frontage affords an opportunity to depart from the traditional housing stock (being
single storey, detached dwellings).

The issue of whether the proposal constitutes a built form outcome which is
inappropriate and disrespectful of existing neighbourhood character needs to be
viewed more holistically, having regard to the opportunities and constraints for
redevelopment of sites with a main road interface, and within close proximity to
(multiple) Neighbourhood Activity Centres. Additionally, the subject site is
approximately 180 metres to the west of a five storey development at the southeast
intersection of Williamstown Road and Francis Street.




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The subject site is within the GS6 precinct, which encourages new dwellings to
respect the local scale, horizontal emphasis of the existing built form and will
incorporate well articulated facades that add interest to streetscapes. However, it is
questionable whether the Neighbourhood Character Statement should strictly apply
to a larger, infill development sites on Francis Street as the statement for this precinct
does not differentiate between the characteristics of the majority of the precinct, and
the edge of the precinct abutting Francis Street (RDZ1), which in this case is a
significantly different context with dwellings affected by heavy vehicle noise. A recent
VCAT decision by Member Martin (247 Williamstown Road) provides commentary on
the adopted Neighbourhood Character Statements for the nearby Neighbourhood
Character Statement precinct (Garden Suburban 1):

       “…For the avoidance of any doubt, I consider that very little weight can be
       given to the fact the site falls with Council’s “Preferred Neighbourhood
       Character Statement – Garden Suburban 1 – GS1 Precinct” area, since this is
       a main road location and hence has its own particular character which is not
       necessarily consistent with the character of the broader precinct area.”

It is considered that this conclusion can be applied to the proposed development, as
the subject site has similar locational attributes. Furthermore, it is not practicable to
expect that new development replicate the design, scale and spacing of existing pre
and post war housing stock, particularly given that State and Local Planning Policy
directs Council to encourage urban consolidation principles. The development
proposes a contemporary design and form, and a diverse range of accommodation
which is consistent with urban consolidation principles.

Objectors to the proposal have cited concern with regard to the three storey building
form and resultant visual bulk impacts to adjoining properties. In this regard, it is not
considered that the proposal is massive or out of scale with adjoining development
when viewed from the streetscape. The upper levels graduate from side boundaries,
and landscaping is provided along all perimeters to soften the built form of the
development. Additionally, the balconies provided along the front (southern)
elevation and the building materials assist in articulating the upper floor(s) of the
development. Overall, the design response of the proposed building is considered to
meet the required tests of Clause 22.01 as the form does not present a ‘box like’
development towards Francis Street, and is not out of scale.

Notwithstanding the above, there is some concern in relation to the second floor
footprint, in particular at the rear of the site. It is considered that the north (rear), east
and west elevation setbacks for apartments 2.01 and 2.02, should be increased to
reduce bulk and massing impacts to the rear secluded, private open space areas of
adjoining properties.

This can be achieved through:

      Deletion of the second floor west elevation terrace associated with apartment
       2.04




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      The provision of a (minimum) 4.6 metre setback to the second floor west
       elevation wall for apartment 2.01, and the second floor east elevation wall for
       apartment 2.02
      Increased setback of the second floor north elevation walls associated with
       apartments 2.01 and 2.02 to 8.4 metres
      Increased setback of the second floor north elevation terraces associated with
       Apartments 2.01 and 2.02 to 6.4 metres.

On balance, it is considered that the above design changes would:

      Achieve greater consistency with the preferred neighbourhood character
      Assist in reducing the visual bulk and massing of the building
      Provide a more appropriate interface to the residential hinterland to the north
      Address some of the concerns of the objectors in regards to building bulk in
       rear yards.

It is acknowledged that the first floor balcony along Francis Street encroaches into
the front setback by approximately 1.5 metres, which is contrary to the requirements
of Standard B6 of Maribyrnong Planning Scheme, however as stated previously, the
balconies assist in the articulation of the front façade. Additionally, the proposed
landscaping with the frontage setback also assists in softening the visibility of the
balconies.

Subject to the above changes, it is considered that the proposed residential
development meets the relevant tests of the Maribyrnong Planning Scheme, and is
consistent with the objectives of Standard B1.

Is the proposal an overdevelopment of the site?

The objectors perceive that the proposed development is an overdevelopment of the
site and on this matter the following is provided:

      The proposed development has a site coverage of 59 per cent, which meets
       the requirements of Standard B8
      The proposal will result in a site permeability of 30 per cent, which meets the
       requirements of Standard B9
      Carparking for residents is in accordance with Standard B16 with the
       exception of visitor parking
      The dwellings have been provided with secluded private open space in excess
       of the requirements of Standard B28.

It is noted that the proposal does not meet the requirements of Standard B17 and
B18.

Overall, it is not considered that the proposal is an overdevelopment of the site.


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Are there any adverse amenity impacts on adjoining properties?

In regards to the amenity and objectors concerns, the following comments are made:

      The proposal would not result in any unreasonable overshadowing to
       adjoining properties and all shadows cast by the development are in
       accordance with the requirements of Standard B21
      The boundary wall on the western boundary has a maximum height of 3.3
       metres, which does not comply with the standard B18, and in turn, impacts on
       the adjoining habitable room window. Therefore, the height should be
       reduced to 3 metres to ensure compliance with Standard B18 and Standard
       B19 (daylight to existing windows)
      The proposed design response has successfully managed overlooking with a
       combination of privacy screens, or obscure glazing, to a height of 1.7 metres
       above finish floor level. However, it appears that the plans have omitted some
       habitable room windows on the first floor which overlook adjoining properties.
       This can be addressed via a condition on any planning approval requiring
       compliance with Standard B22.

It is acknowledged that the height of the building exceeds the 9 metre limit specified
under Standard B7. The development proposes an overall height of 11.03 metres,
with internal floor to ceiling heights being 3 metres. In order to address this issue (in
part) a condition can be included on any permit issued requiring the internal floor to
ceiling heights to be reduced to 2.7 metres, resulting in the overall height of the
building reduced by 900mm. Additionally, this requirement would assist in complying
with the side and rear setbacks of Standard B17 (which currently does not comply).

Additionally, the objectors have raised concerns with the location of the bin refuse
area at the rear of the site. It is considered that this matter can be easily addressed
via a condition on any planning permit, requiring the relocation of the bin refuse area
to the bike storage area.

Does the proposed provide appropriate internal amenity for residents?

It is considered that the proposed development will provide a suitable standard of
internal amenity for the following reasons:

      The building provides a sense of address to Francis Street with a clearly
       defined pedestrian accessway and an emphasised canopy to provide weather
       protection
      The ground floor dwellings fronting Francis Street have been provided with
       dual pedestrian access
      The dwellings have been provided with generous internal areas incorporating
       a choice of one or two bedroom dwellings with open plan living areas
      All habitable rooms have access to natural light (no habitable rooms would
       rely on borrowed light)
      A lift is provided which provides access to all levels

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      All dwellings are provided with secluded private open space in excess of the
       requirements of Standard B29. There are concerns with the dimensions of
       some of the balconies (less than the required 1.6 metres), and this can be
       addressed via a condition on any planning approval
      A total of five dwellings are orientated to the north
      Individual storage areas, bicycle spaces and garbage areas have been
       incorporated into the design response of the building.

In regard to noise protection measures, no provision has been made for the
protection of future residents from external noise associated with vehicle noise from
Francis Street. It is imperative that future residents are adequately protected from
external noise sources, and therefore a condition has been included in the
recommendation to ensure noise attenuation measures are included as a condition
on any permit issued.

On this basis, it is considered that the proposal meets all the objectives of Clause
55.05 (on-site amenity and facilities).

Is adequate carparking provided on-site to cater for residents and visitors?

The proposal has provided the carparking area at the rear of the building and is
accessible from a new crossover along Francis Street.

The internal accessway to the car space has a width of 6.4 metres, and the
dimensions of each parking space meet the required dimensions of Standard B16.
Additionally, given the width of the accessway, each vehicle can exit the site in a
forward direction, which is mandatory for a site abutting a RDZ1.

Furthermore, the accessway has been designed to comply with Standard B14, which
requires a passing area at the entrance that is at least 5 metres wide and 7 metres
long, and VicRoads has no objections to the proposal.

Under the provisions of B16, the proposal is required to provide 12 resident parking
spaces, and 2 visitor parking spaces. A total of 12 spaces are provided on-site,
which are allocated to the dwellings with no allocation for visitor spaces, and as such,
the only dispensation being sought is the required visitor parking spaces.

The modifications required to the second floor would require the reduction of the
amount of bedrooms for dwelling 2.03, from three to two bedrooms, and as such,
there is the opportunity for the provision of one on-site visitor car space. This matter
can be addressed via a condition on any planning permit. It is considered that the
reduction of one visitor car space is not fatal to the application, and does not warrant
a refusal of the application.

Overall, the parking arrangement for the site is considered appropriate and would
meet the demands of the proposed development without unduly impacting on the
surrounding area.




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Objectors concerns not previously addressed

In response to the grounds of other objections, the following comments are provided:

     It is considered that the proposal would impact upon the traffic safety of
      Francis Street given that the accessway has been designed to meet the
      requirements of Clause 55
     A condition on any planning permit would require the submission of a waste
      management plan with the provision made for communal skips, rather than
      individual bins
     A planning permit is not required for the demolition of the existing dwelling or
      the removal of any existing vegetation
     It is considered that the proposal would not result in excessive noise to the
      surrounding area, given the residential nature of the proposal and the location
      of the site
     Issues relating to individual property values are not a relevant planning
      consideration.

CONCLUSION

It is considered that the proposal meets the overall intent and objectives of the State
and Local Planning Policy Frameworks, include Clause 55 of the Maribyrnong
Planning Scheme. It is therefore considered that the application should be approved.

OFFICER RECOMMENDATION
That Council issue a Notice of Decision to Grant a Permit with conditions, for
the construction of a three storey building, comprising 11 dwellings over two
lots, and construction of a crossover for land adjacent to a Road Zone
Category 1 at 222-224 Francis Street, Yarraville, subject to the following
conditions:
General conditions:
1.    Before the development starts, amended plans must be submitted to the
      satisfaction of the Responsible Authority. When approved, the plans will
      be endorsed, and will then form part of the permit. The plans must be
      drawn to scale with dimensions, and three copies must be provided. The
      plans must be generally in accordance with the plans submitted with the
      application but modified to show:

      a)     The second floor building envelope modified as follows:

             i)     A minimum setback of 6.4 metres (to the balcony) from the
                    northern boundary

             ii)    Dwellings 2.01 and 2.02 with a minimum setback of 4.6
                    metres from the eastern and western boundaries

             iii)   Dwelling 2.03 containing only two bedrooms


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            iv)    Dwelling 2.04 reorientated to face Francis Street and
                   subsequently the deletion of the balcony along the western
                   elevation

      b)    As a result of Condition 1(a)(iii) the provision of one on-site visitor
            parking space

      c)    Maximum internal ceiling heights for each floor of 2.7 metres and
            the overall reduction in the building height

      d)    The boundary wall along the western boundary with a maximum
            height of 3 metres from natural ground level

      e)    All balconies with minimum dimensions of 1.6 metres

      f)    All habitable room windows for the first and second floors along
            the northern, western and eastern elevations with screening to a
            height of 1.7 metres above finished floor in accordance with
            Standard B22

      g)    Notation indicating the maximum height of the fences associated
            with the courtyards of Dwellings G.01 and G.02

      h)    The incorporation of acoustic protection measures to all dwellings
            within the building in accordance with Condition 15

      i)    Modifications to the vehicle crossover in accordance with
            condition 24 (VicRoads condition)

      j)    The bin refuse area relocated in the area currently shown on the
            plans as ‘bicycle store area’ with the bicycle parking relocated
            accordingly

      k)    The garbage storage area capable of accommodating 1x1,100 litre
            garbage skip and 1x660 litre recycling skips, and a minimum 1,400
            millimetre wide doorway

      l)    Notation on the plans that the street tree will be retained with a
            minimum clearance of 1 metre from the vehicle crossover.

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

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

4.    Prior to the issue of the Building Permit, the owner of the land must pay
      a development contribution levy of $4,050 based on nine net new
      dwellings to the Maribyrnong City Council in accordance with Schedule
      2 to the Development Contributions Plan Overlay under the Maribyrnong
      Planning Scheme.



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5.    The walls on the boundary of the adjoining properties shall be cleaned
      and finished to the satisfaction of the Responsible Authority.

6.    All pipes, fixtures, fittings and vents excluding downpipes, servicing any
      building on the site must be concealed in service ducts or otherwise
      hidden from view to the satisfaction of the Responsible Authority.

7.    No, plant, equipment, services or architectural features other than those
      shown on the endorsed plans are permitted above the roof level of the
      building(s) without the written consent of the Responsible Authority.

8.    Service units, including air conditioning units, must not be located on
      any of the balconies unless appropriately visually and acoustically
      screened to the satisfaction of the Responsible Authority.

Landscape plan and street tree conditions:
9.    Before the development starts, a landscape plan generally in accordance
      with the City of Maribyrnong Landscape Guidelines dated August 2005
      must be submitted and be to the satisfaction of the Responsible
      Authority. When approved, the plan will be endorsed and will then form
      part of the permit. The plan must be drawn to scale with dimensions and
      three copies must be provided.

      The plan must show:
      a)    The location of all existing vegetation to be retained and/or
            removed

      b)    The location of buildings and trees on neighbouring properties
            within 3 metres of the boundary

      c)    Details of surface finishes of pathways and driveways

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

      e)    The provision of dense landscaping along the frontage, pedestrian
            and vehicular accessways and the frontage setback.

10.   Before the occupation of the development starts, or by such later date as
      is approved by the Responsible Authority in writing, the landscaping
      works shown on the endorsed plans must be carried out and completed
      to the satisfaction of the Responsible Authority.

Construction management condition:
11.   Prior to any works commencing on the land, a Construction Management
      Plan (CMP) must be prepared to the satisfaction of the Responsible
      Authority, detailing how the owner will manage the environmental and
      construction issues associated with the development. The CMP, when
      approved, will form part of the permit and must be implemented to the
      satisfaction of the Responsible Authority. The CMP must address:

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           The contact name and phone number(s) of the site manager

           Any demolition

           Bulk excavation

           Management of the construction site

           Land disturbance

           Hours of construction

           Noise

           Control of dust

           Public safety

           Traffic management

           Construction vehicle road routes

           Soiling and cleaning of roadways

           Discharge of any polluted water

           Security fencing, disposal of site waste and any potentially
            contaminated materials

           Crane locations during construction

           Location of site offices

           Redirection of any above or underground services

           Site lighting during any night works.

Waste management condition:
12.   Prior to the commencement of the development a waste storage and
      collection management and recycling plan for the development must be
      prepared to the satisfaction of the Responsible Authority.

      The management plan must have regard to the following matters:
           Bin storage areas for the proposed dwellings

           Owners Corporation waste management plan

           Odour control from bin storage areas

           Access for removal of waste bins



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           Delivery of bins to waste collection points and retrieval of bins
            once collected

           Location and detail of organic waste collection

           Work Cover authority safety matters.

Acoustic report condition:
13.   Prior to the commencement of the development, a qualified acoustics
      expert must prepare an acoustics report and a copy must be provided to
      the Responsible Authority that details the noise attenuation measures
      required to all habitable room windows within the dwellings to ensure
      minimal impacts from external noise sources. The recommendations of
      the acoustic report must be implemented prior to the completion of the
      development to the satisfaction of the Responsible Authority.

Carparking and roadworks conditions:
14.   Vehicular crossing(s) must be constructed and/or modified to the road to
      suit the proposed driveway(s) to the satisfaction of the Responsible
      Authority.

15.   All disused or redundant vehicle crossings must be removed and the
      area reinstated with either/or footpath, naturestrip, kerb and channel to
      the satisfaction of the Responsible Authority.

16.   Before the use and/or occupation of the development starts, the area(s)
      set aside for the parking of vehicles and access lanes as shown on the
      endorsed plans must be to the satisfaction of the Responsible Authority
      and be:

      a)    Constructed

      b)    Properly formed to such levels that they can be used in
            accordance with the plans

      c)    Surfaced with an all weather seal coat

      d)    Drained

      e)    Line marked to indicate each car space and all access lanes

      f)    Clearly marked to show the direction of traffic along access lanes
            and driveways

17.   Car spaces, access lanes and driveways must be kept available for these
      purposes at all times

Infrastructure conditions:
18.   The site must be drained to the satisfaction of the Responsible Authority
      and is subject to any requirements, conditions and subsequent approval
      from VicRoads. Stormwater run-off from the site must not cause any

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      adverse impact to the public, any adjoining site or Council asset.
      Stormwater from all paved area has to be drained to underground
      stormwater system. Any cut, fill or structure must not adversely affect
      the natural stormwater runoff from and to adjoining properties.

19.   No polluted and/or sediment laden runoff is to be discharged directly or
      indirectly into Council's drains or watercourses during and after
      development.

20.   Prior to the commencement of any works on the site and/or subdivision
      of the land, the owner must submit for approval to the Responsible
      Authority (Infrastructure Planning Section) drainage plans to the legal
      point of discharge requirements.

21.   No existing title boundary levels adjacent to the site are to be altered
      without the consent and approval of the relevant authority.

SDA/STEPS conditions:
22.   Before construction is commenced on any building in the development,
      an Environmental Sustainable Design report and appropriate plans or
      Sustainable Tools for Environmental Performance Strategy (STEPS)
      report for the building must be submitted to and approved by the
      Responsible Authority. Once approved, the report and appropriate plans
      will be endorsed and will then form part of the permit. The report and
      appropriate plans must show that the particular building passes all
      components of the STEPS criteria and achieves a sustainability score for
      this type of development to the satisfaction of the Responsible
      Authority. All recommendations of an approved Environmental
      Sustainable Design report must be fully implemented to the satisfaction
      of the Responsible Authority.

VicRoads conditions:
23.   Vehicular movements off and onto Francis Street must be able to be
      made in a forward direction.

24.   To the satisfaction and at no cost to VicRoads, the proposed crossover
      shall be constructed with a minimum width of 5m and in accordance with
      the attached Drawing A to the satisfaction of the Responsible Authority.

25.   Minimum sight distance for pedestrian safety at crossover shall be in
      accordance with Australian Standard As 2890.1-2004 ‘Parking Facilities
      Part 1: Off-street carparking.

26.   All redundant crossovers to the development from Francis Street shall
      be removed and the kerb and channel, footpath and nature strip
      reinstated to the satisfaction of the Responsible Authority.

27.   All works within the declared road must be preformed at no cost to
      VicRoads.



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28.   To the satisfaction of and at no cost to VicRoads, the developer shall be
      responsible for the relocation and reinstatement of any trees, road
      furniture and any other services that may be required in this work.

29.   Work site traffic management shall be in accordance with ‘Road
      Management Act 2004 – Worksafe Safety Traffic Management – Code of
      Practice ‘ and AS 1742.3-2009 Part 3: Traffic Control Devices for Works
      on Roads. If traffic congestion becomes excessive at any time, the
      contractor must undertake measures to ease congestion.

30.   A traffic management plan is to be submitted to VicRoads for its
      consideration at least 14 days prior to commencement on the road
      reserve. No traffic management devices are to be erected on Francis
      Street until VicRoads issues authorisation for the erection of those
      devices in accordance with the traffic management plan.

Time condition:
31.   This permit will expire if:

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

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

      The Responsible Authority may extend the periods referred to if a
      request is made in writing before the permit expires, or within three
      months afterwards.
Notations
     This application has been assessed under Clause 55 (ResCode
      provisions) of the Maribyrnong Planning Scheme.

     A Storm Water Discharge Permit is required from the City Operations
      department, and is subject to any requirements, conditions and
      subsequent approval from VicRoads.

     The owner shall be responsible for the loss of value or damage to
      Council’s assets as a result of the development. Reinstatement or
      modification of the asset to Council’s satisfaction will be required or
      compensation to the value of Council’s loss paid by the Developer.

     A Council Asset Protection officer will contact the owner/builder to
      arrange the relevant Street Asset Protection Permit, and advise of the
      associated bond required to be lodged to Council’s Civil Design and
      Transport department prior to commencement of work, pursuant to the
      General Purposes Local Law and Council’s Street Asset Protection
      Policy 1998.



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      Note: If using a private building surveyor, a Section 80 Form,
            (notification of the private building surveyor of their appointment
            to consider a building permit) is to be supplied to Council’s
            Building Surveyor to initiate the above process.
     A road-opening permit from the Responsible Authority is required for
      any work and road openings within the road reserve.

     Any work within the road reservation must be carried out to the
      satisfaction of the responsible authority.

     Materials are not to be stored on the road reserve without responsible
      authority approval.

     A Vehicle Crossing Permit is required from the Responsible Authority for
      any new crossing prior to the commencement of works. Vehicle
      crossing(s) shall be constructed in accordance with the Responsible
      Authority’s Standard Drawings, Specification and Vehicle Crossing
      Policy.

COUNCIL RESOLUTION
That Council issue a refusal to grant a planning permit for the construction of a
three storey building comprising 11 dwellings over two lots and construction
of a crossover for land adjacent to a Road Zone (Category 1) for land at 222-224
Francis Street, Yarraville on the following grounds:

1.   The proposed form and massing represents an unacceptable level of bulk
     and scale along the Francis Street frontage, failing to satisfy the
     objectives of Clause 55.02-1 (Neighbourhood character).

2.   The proposal fails to satisfy the preferred neighbourhood character
     statement for Garden Suburban Precinct 6 of the revised Municipal
     Strategic Statement.

3.   The proposed building envelope represents an unacceptable level of bulk
     and scale to the rear yard setting of the immediate area.

4.   The proposal has provided inadequate visitor parking space failing to
     satisfy the objectives of Clause 55.03-11 (Parking provision).

Moved by:        Cr Michael Clarke
Seconded by:     Cr John Cumming

                                                                        CARRIED




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9.1.3 274 BALLARAT ROAD, FOOTSCRAY

File No:                           TP129/2011
Responsible Officer:               Nigel Higgins
                                   General Manager Sustainable Development
Author:                            Jeff Owen
                                   Urban Planner


APPLICATION RECEIVED:                    29-Mar-2011
APPLICATION NUMBER:                      TP129/2011 (V0)
APPLICANT:                               Luka Mrkonjic Town Planning
SITE ADDRESS:                            274 Ballarat Road, Footscray
PROPOSAL:                                Construction of multiple dwellings on a lot
                                         (eight dwellings) and alteration of an access
                                         to road in a Road Zone Category 1, or a
                                         Public Acquisition Overlay for a Category 1
                                         road
ZONING:                                  RDZ1 - Road Zone Category 1, MUZ -
                                         Mixed Use Zone
OVERLAYS:                                PAO1 - Public Acquisition Overlay (Vic
                                         Roads), DCPO2 - Development
                                         Contributions Plan Overlay (Schedule 2)
INTERNAL REFERRALS:                      Civil Design and Transport
                                         City Operations and Maintenance
EXTERNAL REFERRALS:                      VicRoads
COST OF DEVELOPMENT:                     $990,000
WARD:                                    Ironbark
ADVERTISED:                              Yes
NUMBER OF OBJECTIONS:                    13
DATE OF PLANNING FORUM:                  28 June 2011


PURPOSE

This report describes the planning process for an application for the construction of
eight dwellings on a lot, and the alteration of access to a road in a Road Zone
Category 1 (RDZ1), on the site known as 274 Ballarat Road, Footscray.

This report evaluates the application and incorporates discussion on relevant state
and local policy matters, design assessment, comments from referrals and issues
raised by the objectors. This report recommends that the application be approved
subject to conditions.

PROPOSAL

The proposal is summarised as follows:

     Eight, two bedroom dwellings
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      The units are contained within a three storey terrace style building with car
       parking at ground level, kitchen/living and dining at first floor level, and
       bedrooms and amenities on second floor
      Each dwelling has a single car space, with a total of eight carparking spaces
      Each dwelling has an 8 square metre, east facing balcony on first floor level
      The proposed building has a setback from Ballarat Road of 7.97 metres - it
       should be noted that a large portion of the setback is within a Public
       Acquisition Overlay (PAO1)
      The proposed building will be constructed to the western boundary at ground
       level and the first floor for the two rear units. The remainder of the first floor
       will be setback approximately 1.2 metres from the boundary, while the second
       floor will have varied setbacks ranging from 1 metre to 2.16 metres
      The proposed building will have varying setbacks to the eastern boundary,
       with a minimum setback of 6.59 metres at ground floor, 1.75 metres at first
       floor and 2.71 metres for the second floor
      The proposed building is contemporary in form, with strong architectural
       expression. The design has made use of a variety of rectangular shapes,
       including cantilevered sections and other elements, which are accentuated by
       using a variation of modern materials
      The existing crossover abutting Ballarat Road (RDZ1) is proposed to be
       widened to provide for the proposed dwelling.

SITE AND SURROUNDS

Subject site

The subject site is located on the northern side of Ballarat Road in Footscray,
approximately 71 metres to the east of the Ballarat Road/Rosamond Road
intersection. The site to the west of May Street is approximately 530 metres to the
west of the Ballarat Road/Gordon Street intersection.

A single storey dwelling exists on the site; it is set an unusually long distance back
from Ballarat Road. This setback can be explained by the title details, which show
that the subject site is made up two lots and a common property. It is noted that both
lots are owned by the same owner, and a Section 173 Agreement (the Agreement)
exists on the site, which restricts further subdivision.

The site is generally rectangular with the exception of a skewed southern boundary.
The site has a frontage of 13.16 metres, and a maximum depth of 58.13 metres
(east) yielding a site area of 738 square metres. With the exception of the existing
dwelling the site is vacant, and is relatively flat. The site is accessed via a crossover
onto Ballarat Road.

An 1.83 metre wide easement is located at the rear of the site, for the purpose of
drainage and sewerage.




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Abutting the site

To the east of the site are single storey residential dwellings. The dwelling abutting
the south-eastern corner fronts onto Ballarat Road and runs parallel to the subject
site, with windows facing the shared boundary. The dwelling is set off the boundary
by approximately 2.7 metres and is setback from Ballarat Road by 11.8 metres. A
large garage, accessed from May Street, exists to the rear. The remaining dwellings
front onto May Street, and share their rear boundaries with the subject site. There
are shed/bungalow, and open space areas along this boundary.

To the north are contemporary double storey dwellings, which have been recently
completed. To the west of the site is a carparking area for a commercial premises.
Further to the east is the Doors Plus Showroom, a café and Scarlett Music Shop,
while on the other side of Ballarat Road, is a small commercial centre containing a
variety of businesses.

Surrounding area

The surrounding area is characterised by low scale single storey development with
limited double storey developments and a three storey development. Ballarat Road
contains a mixture of residential dwellings, church, commercial premises (including a
car yard), shops, fast food premises, and factory/warehouses. The overall character
of the area is probably best described as low scale and varied.

The site is well located in relation to Highpoint Shopping Centre, Footscray CAA, the
Western Hospital and Victoria University. Ballarat Road is serviced by a bus service
and a tram line is located approximately 500 metres to the east of the site.

RESTRICTIVE COVENANTS

No covenant has been registered on title to this property, however a restriction in the
form of the Agreement is registered on the title. The Agreement is in place to prevent
further subdivision of the two lots.

This application does not specifically breach the requirements of the Agreement,
however, it is likely the owner will want to sell the individual units at some point in the
future, which will be in breach of the Agreement. It is noted that where all parties
consent it is possible under Section 183 of the Planning and Environment Act 1987 to
end the Agreement. In this case, the parties to the Agreement are Council and the
owner of the land.

HUMAN RIGHTS CONSIDERATION

This application has been assessed in accordance with the requirements of the
Planning and Environment Act 1987 (including the Maribyrnong Planning Scheme),
reviewed by the State Government and which complied with the Victorian Charter of
Human Rights and Responsibilities Act 2006.




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MARIBYRNONG PLANNING SCHEME

The State Planning Policy Framework (SPPF)

Relevant to the assessment of the current application are:

      Clause 11 – Settlement
            11.04 – Metropolitan Melbourne
      Clause 15 – Built Environment and heritage
            15.02 – Sustainable development
      Clause 16 – Housing
            16.01 – Residential development
            16.02 – Housing form.

The Local Planning Policy Framework (LPPF) - including the Municipal
Strategic Statement (MSS)

Relevant to the assessment of the current application are:

      Clause 21.04-1 – Residential Land Use Policy
      Clause 22.02-2 – Barkly Street and Ballarat Road: MUZ Policy 2.

Mixed Use Zone

Pursuant to Clause 32.04-5 of the Maribyrnong Planning Scheme, a planning permit
is required to:

      Construct two or more dwellings on a lot
      Construct or extend a dwelling if it is on common property.

It is noted that the subject site is comprised of two lots and common property, and
therefore, a combination of the above triggers applies to the application.

Development Contribution Plan Overlay (DCPO2)

Pursuant to Clause 45.06 DCP02, all net new dwelling development is required to
contribute towards identified community infrastructure, in accordance with the
provisions of this schedule.

A total contribution of $3,150 based on seven net new dwellings is applicable in this
instance.

Clause 52.29 – Land Adjacent to a RDZ1 or a PAO1 Road

This clause states that a permit is required to alter or create access to:

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     A road in a RDZ1
     Land in a PAO, if the purpose of acquisition is for a Category 1 road (Subject
      site abuts a PAO1).

As such, the application must be referred to VicRoads under Section 55 of the
Planning and Environment Act 1987.

Clause 55 – Two or More Dwellings on a Lot and Residential Buildings

Clause 55 (ResCode) is applicable to the assessment of this application, given the
proposal is for a three storey building.

Planning Scheme Amendments

Amendment C82 seeks to revise the LPPF of the Maribyrnong Planning Scheme.
The revision includes the introduction of a new Municipal Strategic Statement (MSS )
at Clause 21, and a revised Clause 22 (which includes the deletion of Clause 22.01).
The amendment also seeks to introduce the Neighbourhood Character Statements
for different precincts throughout the municipality, and identifies areas of limited
change.

The amendment has been adopted by Council, and is currently awaiting gazettal by
the Minister. On this basis, it is considered that amendment C82 is a seriously
entertained planning proposal pursuant to s601(A)(h) of the Planning and
Environment Act 1987. Relevant parts of this amendment will be discussed later in
this report.

It should be noted that the Neighbourhood Character Statements are not applicable
to the site, given the zoning of the site.

NOTIFICATION

Pursuant to Section 52 of the Planning and Environment Act 1987, the application
was advertised by sending notices to the owners and occupiers of
surrounding/adjoining land and by requiring a notice to be erected on the land for a
period of 14 days.

The application has received 13 objections.

The grounds of objections are summarised as:

     Lack of car parking
     No visitor car parking
     There is no parking allowed on Ballarat Road, and carparking is already
      difficult in surrounding streets
     Parking is difficult to find and the owner of an adjoining lot is concerned
      residents and visitors will park in the parking area associated with his business


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      Development is an overdevelopment of the site
     Object to the look of the building.
Objections from 272 Ballarat Road, Footscray:

      Balconies too close to boundary
      Proposal impacts on the privacy of existing dwelling
      Loss of sunlight as a result of 3 storey height
      Plans incorrectly show area between existing dwelling and fence as covered
       where it is shade cloth only
      Concern cars leaving garages and the like, could crash or damage existing
       fence
      Noise from balconies
      Concern over landscaping and the type of trees being proposed
      Stormwater discharge, location and exacerbation of existing stormwater
       problems.

PLANNING FORUM

A Planning Forum was held on 28 June 2011, chaired by Cr John Cumming. The
meeting was attended by Cr Carter, Cr Zakharov, Cr Clarke, Cr Lynch, Cr Sanli,
Council’s planning officer, the applicant and two objectors. The issues discussed at
the meeting further elaborated on the grounds of objections, and no resolutions were
achieved.

REFERRALS

External

The application was referred to Vic Roads pursuant to Section 55 of the Act.

VicRoads has no objection to the proposal, subject to a number of conditions being
placed on the permit should one be issued.

Internal

The application was referred internally to the following departments:

Civil Design and Transport

Council’s Transport department supports the application subject to VicRoads
approval.

Waiving of a single car space is not ideal, however it is not fatal to the application.

Council’s Civil Design department identified that the proposed crossover extension
will conflict with an existing telecommunications pit (approximately 1.3m long x 0.5m
wide). The pit will need to be adjusted to match finished levels of the crossover, and,

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if necessary, modified for traffic loading to the requirements of the asset owner. A
condition requiring the plans to be amended can be included on the permit.

In addition to the amendments to the plan, standard conditions and permit notes
should apply to any permit issued.

Operations and Maintenance

Council’s Waste department supports the application subject to a condition on any
planning permit that requires a Waste Management Plan to be submitted for approval
prior to construction, which addresses the following:

      This complex will be issued a communal 1x1,100 litre garage skip and
       1x1,100 litre recycling skip
      The doorway access to the storage area must be minimum 1,400mm wide to
       allow safe access for skips to the collection point (which is a kerbside)
      A caretaker or body corporate representative will be responsible for the
       transfer process of the skips to and from the collection point
      Individual bins will not be issued to the limited collection space at the kerb in
       front of the proposed development.

PLANNING OFFICER ASSESSMENT

Strategic Assessment

It is considered that the proposal is generally consistent with the relevant objectives
of the SPPF and the LPPF.

The site is well located to take advantage of existing services and infrastructure, and
it is considered that the subject site is suitable for further development, in accordance
with Clause 11 Settlement of the SPPF.

The site location also presents a positive opportunity in allowing for a more intense
multi-storey development, which can capitalise on its proximity to existing social and
physical infrastructure, including the businesses opposite, and to the east and west,
within the Activity Centre - Local Centre (Ballarat and Summerhill Roads). The site is
also located on Ballarat Road, which has good access to Footscray Central Activity
Area (FCAA), and the development occurring in the Ballarat Road corridor.

Overall, it is considered that the proposal has satisfied all the relevant clauses
contained with the SPPF and LPPF.

Amendment C82 - Draft Municipal Strategic Statement

It is considered that the proposal is generally in compliance with the relevant policy
contained within Amendment C82 - the Draft Municipal Strategic Statement (MSS).
Amendment C82 is considered to be ‘seriously entertained’ amendment. The site is
defined as Incremental Change Activity Centres within Clause 21.07-1 (Residential
Capacity and Location) of the revised MSS, which is described as:


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     The mixed use and residential developments occurring in activity centres will
      continue and increase.

Within Clause 21.07-1, the Objective 2 is:

     To provide incremental opportunities for new residential development in
      incremental change areas and incremental change activity centres.

The associated strategies are:

     Support gradual medium density infill development dispersed across
      incremental change areas
     Ensure development has regard to, and clearly responds to, preferred
      character statements and design guidelines for specific neighbourhood
      character precincts
     Support smaller scale infill residential development in keeping with the
      streetscape and character of the centres, and their adjacent residential
      neighbourhoods in incremental change activity centres
     Ensure development in activity centres follow structure plans and urban
      design frameworks
     Protect areas that contribute to the range of housing choice, especially for
      families and lifestyle choices.

It is considered that the proposal responds well to the above strategies. The
proposal is medium density infill development, and the design response is outlined
below.

Statutory Assessment

Clause 55 - ResCode

In summary, it was considered that the proposal generally complies with the
provisions of Clause 55 of the Maribyrnong Planning Scheme.

Neighbourhood Character

It is considered that the proposal responds well to the site context including the
graduation between the commercial forms to the west and the residential built form
the east. It is noted that the site is zoned Mixed Use and therefore there are no
Preferred Neighbourhood Character Statements for the area.

The existing height pattern along the Ballarat Road ranges from low scale built form,
such as Doors Plus and the residential dwelling to the east of the site, through to two
or three storey forms, such as the church, and larger two storey forms, such as the
Scarlett Music Shop. It is likely that the mixed use area is transitioning towards a
larger (higher) built form as evidenced by the two and three storey residential
development to the rear of site and development patterns along Ballarat Road


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towards Footscray. Given the variation of heights and the transitional nature of the
area, it is considered that the three storey height is satisfactory.

In terms of setbacks, the proposed building is set well back from the street largely
due to the public acquisition overlay, which ensures the building is set a minimum of
6 metres from the front boundary. The proposal is setback an additional 2 metres
and tapers towards 12 metres near the residential interface.

In terms of scale and bulk, the surrounding area has a variety of forms from large,
bulky commercial buildings, to smaller residential forms. To address this character,
the applicant has introduced a variety of materials and setbacks into the built form
which provides an articulated built form. The proposal has terraced layout as
opposed to an apartment layout, which is more sympathetic to the residential
interface to the east.

The architectural expression is contemporary, which is reflective of the new density
and housing type being introduced into the area. The horizontal and vertical forms
are respectful of the commercial forms to the west, while at the same time presenting
as residential building, which is sympathetic to the existing residential dwellings to
the east.

There is some concern that the proposal is excessive development for the site,
however the terrace layout is possibly a less efficient use of space than an apartment
form because of the need for individual garages, front doors, stairwells and the like.
However the terraced layout is a desirable and alternative housing type, and will
provide future residents with good amenity.

It is considered that the design responds well to the site context, and the proposal is
consistent with an emerging character in the area and will contribute positively to
area which is undergoing incremental change.

Street Setback - Standard B6

The Public Acquisition Overlay exists between Ballarat Road and the proposed
development. Therefore the proposal is set back from the street by a minimum of 7.9
metres - providing plenty of opportunity for landscaping within the front setback.
However in the event that VicRoads acquires the land, the setback will be reduced to
2 metres. 276-282 Ballarat Road (Doors Plus) is constructed up to the overlay
boundary, and the dwelling on 272 Ballarat Road is setback approximately 12
metres. The proposal has been designed to transition between the two neighbouring
developments. It is noted that there are a number of buildings constructed over the
Acquisition Overlay, including dwellings at 210 and 268 Ballarat Road, and the
commercial buildings to the west of 276-282 Ballarat Road. Therefore, if VicRoads
acts on the acquisition, there will be substantial change in the immediate area.

The front boundaries of the neighbouring residential sites are at an angle to the side
boundaries, which results in a stepped approach for the development, while the
commercial properties are constructed to the boundary. The result is an extreme
variation in front setbacks along Ballarat Road. It is considered that proposal reflects
this front setback pattern, and therefore a variation to the standard is considered
appropriate in this circumstance.

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Building Height – Standard B7

The proposed building height exceeds the standard by approximately 700 mm.

It is noted that where the height exceeds the standard is the parapet sections rather
than the roof height, and it considered that the parapet form is important to the
integrity and simplicity of the design. The variation in height is considered negligible
in the context of the site, and therefore a variation to the standard is considered
appropriate in this case.

Landscaping – Standard B13

A landscaping plan was not submitted with the application and should a permit be
issued, this requirement should be included.

Parking Provision – Standard B16

The proposal generally complies with the standard and provides adequate parking for
the proposed dwellings, but does not provide the required visitor space.

Carparking in the area is in moderate to high demand, and there is limited
opportunity for on-street parking adjacent to the site on Ballarat Road (due to the
amount of traffic) but there is opportunity for parking in nearby side streets.

The proposal is relatively intense and it is unlikely that a condition could be
accommodated in a permit that requires the applicant to provide a visitor space,
without requiring a significant redesign.

The waiving of the visitor carparking space is not considered to be fatal to the
application, and therefore it is recommended that a variation to this standard be
supported.

Side and Rear Setbacks – Standard B17

The proposal does not comply with the standard for the western, eastern, and rear
boundary setbacks.

As previously discussed, the site has a varying context in an area that is eclectic in
form and style. It is considered that there is scope to vary the side and rear setback
standards.

The western boundary abuts the neighbouring carparking area, which is not
considered to be a particularly sensitive interface. The setback to the first floor has
been reduced to between 0 and 1 metre, while the second floor is reduced to
between 1 and 1.68 metres. The form is well articulated, and incorporation of
windows and different materials is a satisfactory design response. Given the carpark
interface, it is considered that a reduction in the setback is appropriate in this case.




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The northern or rear boundary abuts a lot with a number of existing units. The units
are double storey, and are constructed within 1.1 metres of the boundary and back
onto the subject site. There are a number of windows facing the site that are mainly
highlight windows or obscured. Regardless, the proposal is setback between 2
metres at ground level, and 2.6 metres at second floor level, which is considered an
adequate level of space between the two developments. It is satisfactory design in
response to the style and orientation of the existing units. Given this, it is considered
that a reduction in the setback is an appropriate in this case.

The eastern wall is adjacent to a sensitive residential interface, and as such, has
varying setbacks. To the rear, the proposed units comply with the standard.
Proposed Units 4, 5 and 6 are adjacent to the sheds and outbuildings to the rear of
272 Ballarat Road and 10 May Street, and therefore a reduction in setbacks is
considered satisfactory in this case.

Proposed Units 1, 2 and 3 are adjacent to the dwelling on 272 Ballarat Road. The
setback of the balconies for the most part comply with the standard, with the
exception of small part of the first floor roof for Unit 1, while at second floor level the
walls encroach into the ResCode envelope about halfway up the wall. The
encroachment is considered minor in context of the site, and although it would be
possible to condition compliance with the standard, the change would have a
negligible impact on the adjoining dwelling, while at the same time reducing the
amenity of the new dwellings.

Walls on Boundary – Standard B18

The length of the wall on the western boundary exceeds the standard, however as
previously discussed, the wall abuts the carparking area. This is not considered to
be a particularly sensitive interface, and therefore a variation is considered
satisfactory in this case.

Overlooking - Standard B22

The balconies in relation to the windows of the existing dwelling on 272 Ballarat Road
are less than the 9 metres overlooking requirements of ResCode. It is recommended
that should a permit be issued, a condition be included that requires the balconies to
comply with the Overlooking Standards of ResCode.

Noise Impact – Standard B24

It is recommended that should a permit be issued, a condition be included that
requires the applicant to provide an acoustic report, and where the recommendations
required building techniques or materials, that these are shown on the endorsed
plans.

Issues raised by the objectors not previously addressed

Plans incorrectly show the area between existing dwelling and fence as covered,
where it is shade cloth only.


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This point is acknowledged.

      Loss of sunlight as a result of 3 storey height.

The proposed development will block the afternoon sun from the existing dwelling;
however the proposal complies with the ResCode provisions, which deal with
daylight to existing windows and north facing windows.

      Concern cars leaving garages could crash or damage existing fence.

The turning circles and vehicular movements comply with the requirements of
ResCode, and any damage would be a civil matter between the owners. Regardless,
it is recommended that a condition requiring protective kerbing to be installed
between the driveway and the fence be included on any permit issued.

      Noise from balconies.

It is considered that the noise from the balconies is consistent with the residential
use.

      Concern over landscaping and the type of trees being proposed.

Landscaping will need to comply with Council’s Landscaping Guidelines, and this will
be addressed via a condition on any planning permit.

      Stormwater discharge, location and exacerbation of existing stormwater
       problems.

These matters are addressed via standard planning conditions on any planning
permit.

CONCLUSION

It is considered that the proposal meets the overall intent and objectives of the State
and Local Planning Policy Frameworks, including Clause 55 of the Scheme. It is
therefore considered that the application should be approved.

OFFICER RECOMMENDATION/COUNCIL RESOLUTION
That Council issue a Notice of Decision to Grant a Permit with conditions to
construction of multiple dwellings on a lot (eight dwellings), and alterations of
an access to road in a Road Zone Category 1 or a Public Acquisition Overlay
for a Category 1 road at 274 Ballarat Road, Footscray, subject to the following
conditions:
General Conditions
1.     Before the development starts, amended plans must be submitted to the
       satisfaction of the Responsible Authority. When approved, the plans will
       be endorsed and will then form part of the permit. The plans must be
       drawn to scale with dimensions and three copies must be provided. The

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      plans must be generally in accordance with the plans submitted with the
      application but modified to show:

      a)    Screening measures installed along the eastern elevation for the
            balconies to prevent overlooking in accordance with Standard B22

      b)    The telecommunications pit adjacent to the existing vehicle
            crossover adjusted to match the finished levels of the proposed
            crossover, and (if necessary) modified for traffic loading

      c)    Protective kerbs (of a minimum height of 150mm) installed along
            the eastern side of the access way

      d)    Noise attenuation measures incorporated into the building as a
            result of Condition 8

      e)    A landscape plan to the satisfaction of the Responsible Authority
            (refer to condition 11)

      f)    A schedule of construction materials, external finishes and
            colours.

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

3.    Prior to the issue of the Building Permit, the owner of the land must pay
      a development contribution levy of $3,150 based on seven net new
      dwellings to the Maribyrnong City Council in accordance with Schedule
      2 to the Development Contributions Plan Overlay under the Maribyrnong
      Planning Scheme.

4.    The walls on the boundary of the adjoining properties shall be cleaned
      and finished to the satisfaction of the Responsible Authority.

5.    No, plant, equipment, services or architectural features other than those
      shown on the endorsed plans are permitted above the roof level of the
      building(s) without the written consent of the Responsible Authority.

Removal of S173 Agreement and consolidation of lots condition
6.    Before the development starts, the Section 173 Agreement (Dealing
      Number T702569W) must be removed from the title, and the lots on Plan
      of Subdivision 343053P must be consolidated and the Owners
      Corporation dissolved under the Subdivision Act 1988 to the satisfaction
      of the Responsible Authority. An alternative timeframe maybe agreed to
      in writing to the satisfaction of the Responsible Authority.

Waste management Condition
7.    Prior to the commencement of the development, a waste storage and
      collection management and recycling plan for the development must be
      prepared to the satisfaction of the Responsible Authority.

      The management plan must have regard to the following matters:

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           Bin storage areas for the proposed dwellings

           Owners Corporation waste management plan

           Odour control from bin storage areas

           Access for removal of waste bins

           Delivery of bins to waste collection points and retrieval of bins
            once collected

           Location and detail of organic waste collection

           Work Cover authority safety matters.

Acoustic Report Condition
8.    Prior to the commencement of the development, a qualified acoustics
      expert must prepare an acoustics report, and a copy must be provided to
      the Responsible Authority that details the noise attenuation measures,
      including those required to all habitable room windows within the
      dwellings to ensure minimal impacts from external noise sources.
      Where applicable the recommendations of the acoustic report must be
      shown on the plans, and the recommendations must be implemented
      prior to the completion of the development to the satisfaction of the
      Responsible Authority.

Landscaping Conditions
9.    Before the development starts, a landscape plan generally in accordance
      with the City of Maribyrnong Landscape Guidelines (August 2005) must
      be submitted and be to the satisfaction of the Responsible Authority.
      When approved, the plan will be endorsed, and will then form part of the
      permit. The plan must be drawn to scale with dimensions and three
      copies must be provided.

      The plan must show:
      a)    The location of buildings and trees on neighbouring properties
            within 3 metres of the boundary

      b)    Details of surface finishes of pathways, driveways, and protective
            kerbing

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

10.   Before the use and/or occupation of the development starts, or by such
      later date as is approved by the Responsible Authority in writing, the
      landscaping works shown on the endorsed plans must be carried out,
      and completed to the satisfaction of the Responsible Authority.



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VicRoads Conditions
11.   Should VicRoads require the Public Acquisition Overlay over the
      proposed development site in future, no compensation will be payable
      under Part 5 of the Planning and Environment Act 1987 in respect of
      anything done under this permit, should Council issue a permit for this
      application.

12.   All vehicular movements to and from Ballarat Road must be able to be
      made in a forward manner.

13.   To the satisfaction of an at no cost to VicRoads and the Responsible
      Authority, the proposed crossover on Ballarat Road shall be constructed
      with a minimum width of 5.5m and in accordance with the Drawing A to
      the satisfaction of the Responsible Authority.

14.   Minimum sight distance for pedestrian safety at a crossover shall be in
      accordance with Australian Standard AS 2890.1-2004 ‘Parking Facilities
      Part 1: Off-street car parking.

15.   To the satisfaction and at no cost to VicRoads, the developer shall be
      responsible for the relocation and reinstatement of any trees, road
      furniture and any other services that may be required in this work.

16.   All works within the declared road must be performed at no cost to
      VicRoads.

17.   Work site traffic management shall be in accordance with “Road
      Management Act 2004 – Worksite Safety Traffic Management – Code of
      Practice” as AS 1742.3 – 2009 Part 3 Traffic control devices for works on
      roads. If traffic congestion becomes excessive at anytime, the contractor
      must undertake measures to ease congestion.

18.   A traffic management plan is to be submitted to VicRoads for its
      consideration at least 14 days prior to the commencement of works on
      the road reserve. No traffic management devices are to be erected on
      Ballarat Road until VicRoads issues authorisation for the erection of
      those devises in accordance with the traffic management plan.

Infrastructure Conditions
19.   Vehicular crossing(s) must be constructed and/or modified to the road to
      suit the proposed driveway(s) to the satisfaction of the Responsible
      Authority.

20.   All disused or redundant vehicle crossings must be removed and the
      area reinstated with either/or footpath, naturestrip, kerb and channel to
      the satisfaction of the Responsible Authority.

21.   The site must be drained to the satisfaction of the Responsible Authority
      and is subject to any requirements, conditions and subsequent approval
      from VicRoads. Stormwater run-off from the site must not cause any

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      adverse impact to the public, any adjoining site or Council asset.
      Stormwater from all paved area has to be drained to underground
      stormwater system. Any cut, fill or structure must not adversely affect
      the natural stormwater runoff from and to adjoining properties.

22.   Prior to the commencement of any works on the site and/or subdivision
      of the land, the owner must submit for approval to the Responsible
      Authority (Infrastructure Planning Section) drainage plans to the legal
      point of discharge requirements.

SDA/Steps Conditions
23.   Before construction is commenced on any building in the development,
      an Environmental Sustainable Design report and appropriate plans or
      Sustainable Tools for Environmental Performance Strategy (STEPS)
      report for the building must be submitted to and approved by the
      Responsible Authority. Once approved, the report and appropriate plans
      will be endorsed and will then form part of the permit. The report and
      appropriate plans must show that the particular building passes all
      components of the STEPS criteria and achieves a sustainability score for
      this type of development to the satisfaction of the Responsible
      Authority. All recommendations of an approved Environmental
      Sustainable Design report must be fully implemented to the satisfaction
      of the Responsible Authority.

Expiry Condition
24.   This permit will expire if:

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

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

      The Responsible Authority may extend the periods referred to if a
      request is made in writing before the permit expires, or within three
      months afterwards.
Notations
Waste Management
     This complex will be issued communal 1x1,100 litre garage skip, and
      1x1,100 litre recycling skip.

     The doorway access to the storage area must be minimum 1,400mm
      wide to allow safe access for skips to the collection point, which is a
      kerbside.

     A caretaker or Body Corporate representative will be responsible for the
      transfer process of the skips to and from the collection point.


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     Individual bins will not be issued to the limited collection space at the
      kerb in front of the proposed development.

Infrastructure
     A Stormwater Discharge Permit is required from the City Operations
      department, and is subject to any requirements, conditions and
      subsequent approval from VicRoads.

     The owner shall be responsible for the loss of value or damage to
      Council’s assets as a result of the development. Reinstatement or
      modification of the asset to Council’s satisfaction will be required or
      compensation to the value of Council’s loss paid by the Developer.

     A Council Asset Protection officer will contact the owner/builder to
      arrange the relevant Street Asset Protection Permit and advise of the
      associated bond required to be lodged to Council’s Civil Design and
      Transport department prior to commencement of work, pursuant to
      General Purpose Local Law (December 2005)

      Note: If using a private building surveyor, a Section 80 Form,
            (notification of the private building surveyor of their appointment
            to consider a building permit) is to be supplied to Council’s
            Building Surveyor to initiate the above process.
     A road-opening permit from the Responsible Authority is required for
      any work and road openings within the road reserve.

     Any work within the road reservation must be carried out to the
      satisfaction of the Responsible Authority.

     Materials are not to be stored on the road reserve without Responsible
      Authority approval.

     A Vehicle Crossing Permit is required from the Responsible Authority for
      any new crossing prior to the commencement of works. Vehicle
      crossing(s) shall be constructed in accordance with the Responsible
      Authority’s Standard Drawings, Specification and Vehicle Crossing
      Policy.

Moved by:        Cr Catherine Cumming
Seconded by:     Cr Dina Lynch

                                                                        CARRIED

Cr Michael Clarke called for a DIVISION.

Councillors Michael Clarke, Catherine Cumming, Dina Lynch and Martin
Zakharov voted FOR the motion.

The Chair Mayor Sarah Carter and Councillors John Cumming and Sel Sanli
voted AGAINST the motion.

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9.1.4 FOOTSCRAY CENTRAL ACTIVITIES AREA MASTERPLAN UPDATE

Responsible Officer:               Nigel Higgins
                                   General Manager Sustainable Development
Author:                            David Walmsley
                                   Manager Strategy and Economic Development

                                   Matt Slavin
                                   Manager City Design and Place Making


PURPOSE

To update Council on the work being undertaken in preparing a Masterplan for
Footscray, and a new Planning Scheme amendment for the Footscray Central
Activity Area (FCAA).

BACKGROUND

The abandonment of Amendment C90 provides an opportunity to undertake a review
of the process surrounding the amendment, in preparation for a new comprehensive
planning framework for Footscray.

Footscray Masterplan

The first step in this process is the development of a Masterplan for Footscray. This
plan will deliver a clear vision for Footscray. This plan will be used by Council and
Government to influence the new amendment content, and is therefore a significant
piece of work that will guide much of the change in the centre. The development of
the Masterplan is being led by Council.

Structure Plan and Amendment Process

The Department of Planning and Community Development (DPCD) Practice Note on
the Preparation of Structure Plans explains the purpose and process of an
amendment, which is to “identify the type and scope of change projected within an
activity centre over time”, and a tool to “help manage, influence and facilitate change
within individual activity centres”.

The new structure plan and amendment will seek to introduce the Footscray
Masterplan vision into the Maribyrnong Planning Scheme. The preparation of the
amendment will address all community comments received during exhibition of the
Footscray Masterplan and amendment C90.




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Precinct Development Planning

In addition to these overarching strategic projects, there are two other immediate
initiatives requiring Council’s attention. These are the development of a planning and
design framework for the Joseph Road Precinct (the Precinct),and the imminent
rezoning of the Binks Ford site. The Joseph Road Precinct is experiencing a high
level of development interest and as a result, a detailed urban design framework and
an understanding of infrastructure needs and funding mechanisms to develop the
public realm, needs to be finalised promptly. The rezoning of the Binks Ford site is
also being pursued by VicUrban, through the addition of the site within a Priority
Development Zone. The consultation process will require consideration by Council.

POLICY CONTEXT

     ReVisioning Footscray 2005
     Footscray Skyline Study 2006
     Footscray Skyline Study Review 2010, and Strategic Framework Report 2010
      (drafts).

COUNCIL PLAN

Amenity

We will create a well planned City and improve its amenity by creating streets,
neighbourhoods and public places that are safe, sustainable, well used and the pride
of the community.

STRATEGIC RESOURCE PLAN

Not applicable.

SUSTAINABILITY IMPLICATIONS

COMMUNITY

The planning and design work undertaken in the FCAA is being facilitated to deliver
certainty to the community about the future of Footscray.

ENVIRONMENT

The development of a sustainable FCAA is core to initiatives being undertaken.

ECONOMIC

The structure plan and subsequent planning scheme amendment for the FCAA will
facilitate opportunities for business and growth, providing jobs and housing to the
community.




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HUMAN RIGHTS CONSIDERATION

This report and its contents do not impede the Human Rights listed in the Charter of
Human Rights and Responsibilities Act 2006.

DISCUSSION

Footscray Masterplan

Why is it being undertaken?

     To provide Council and the community with a shared plan for the potential
      change, growth and development of the FCAA
     To guide all subsequent planning work associated with the preparation of the
      structure plan and amendment documentation
     To identify opportunities for additional open space, transport and access
      improvements, community facilities, the integration of public art and street
      improvements
     To act as a community engagement tool prior to more formal proceedings
      associated with the statutory exhibition process of a new amendment.

Who is involved?

Council is leading the development of a new Masterplan for Footscray. An internal
working group will include representation from across the organisation.

An expert technical working group will also be established to ensure a broad range of
industry design perspectives are added into the project. Technical working group
members will include:

     State Architects Office
     Victoria University
     City of Melbourne Urban Design department
     Melbourne University Planning and Design School
     DPCD, Department of Transport (DoT), Regional Rail Link Authority (RRLA)
     Urban Land Authority (formerly VicUrban).

A draft Footscray Masterplan will then be presented to Council for consideration prior
to community consultation

What are the outputs?

     A series of display panels articulating the physical changes envisaged for the
      centre. The work will be aligned with the key themes of the Council Plan,
      which include Moving Around the City, Amenity and Prosperity, to ensure
      consistency and longevity of the design and planning directions.


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What are the resource considerations?

     The Masterplan is being developed through the operational budget of Council.
      No external funding is required at this stage, however the implementation plan
      required to support this plan will identify major works and facilities, which will
      require new funding.

What are the project timelines?

     Draft Masterplan to be presented to Council in August 2011 for consideration
     Promotion and community engagement on Draft Masterplan to be undertaken
      in September 2011
     Final Masterplan to be presented to Council in October 2011 for consideration.

Footscray Structure Plan and Planning Scheme Amendment

Why is it being undertaken?

     Recognise Council’s Footscray Masterplan project in the Maribyrnong
      Planning Scheme
     Resolution with the community and Council for the endorsed vision for
      Footscray (ReVisioning Footscray)
     Planning certainty for Council, the wider Maribyrnong community and the
      development industry (new C90 amendment)
     To introduce new Activity Centre Policy and the Activity Centre Zone to the
      FCAA.

Who is involved?

     Council, DPCD and DoT officers, external stakeholders and the community
      through a targeted consultation process.

What are the outputs?

     A Structure Plan for the FCAA which will support a new planning scheme
      amendment to introduce new activity centre policy and planning controls to the
      CAA.

What are the resource considerations?

     Council has resourced several projects to support the amendment, including
      the Footscray Masterplan, and Greening Footscray and Footscray at Night
      strategies. Council will provide staff resources to assist in the preparation of
      the Structure Plan and subsequent planning scheme amendment. This work
      will form a component of the business plan for the Strategy and Economic
      Development Unit, along with other units of Council
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     Council will request DPCD to allocate dedicated staff resources to draft the
      Structure Plan and planning scheme amendment. Council will also seek a
      commitment from the DPCD for funding to support additional projects which
      are needed to meet the DPCD requirements for the preparation of a Structure
      Plan, as per the DPCD practice note for Structure Planning, and planning
      scheme amendment.

What are the project timelines?

     Draft Structure Plan and Consultative Engagement Plan to be presented to
      Council in October 2011
     Promotion and community engagement on Draft Structure Plan to be
      undertaken mid-October to mid-November 2011
     Final Structure Plan and proposed Planning Scheme amendment to be
      presented to Council in December 2011 for consideration.

Joseph Road Urban Design Framework

Why is it being undertaken?

     To update the 2008 Framework Plan and planning controls for the Precinct, in
      consideration of the impact of the Regional Rail Link project, significant
      changes in land ownership, and the opportunity to consider future non-rail
      uses of the Maribyrnong River Goods Line north of Hopkins Street
     To ensure development applications are considered in the context of a current
      Framework Plan for the Precinct
     To address the need for development contributions to ensure the proper
      planning and development of the Precinct.

Who is involved?

     Council, DPCD, DoT, VicTrack, RRLA and landowners in the Joseph Road
      Precinct.

What are the outputs?

     A revised Framework Plan for the Precinct
     Updated planning controls, including a reference to developer contribution
      requirements.

What are the resource considerations?

     Current work on the Framework Plan is funded by Council and the DPCD
      though existing budgets and staff resources.




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What are the project timelines?

     Consultation with property owners in the Precinct to commence in July 2011
     Council to be briefed on the draft Framework Plan and planning controls in
      August 2011, with subsequent Council report for consideration of adoption
     Ministerial adoption of the revised Framework Plan and planning controls by
      the end of 2011.

Binks Ford Site Planning Scheme Amendment

What is the proposal?

VicUrban (now in transition to the Urban Renewal Authority) has sought a planning
scheme amendment to rezone the Binks Ford site to allow for a mixed-use
redevelopment of the land. The proposed amendment would extend the existing
Footscray Station Precinct Priority Development Zone over the site and designate the
site as Sub-Precinct 10. The Minister for Planning is the Responsible Authority (RA)
for the site and the entire Precinct.

In a letter to the DPCD (11 March 2011), VicUrban made the rezoning request to the
Minister and also sought an exemption to the standard notification and review
process for a scheme amendment. To support this request, in a further letter to the
DPCD (9 May 2011), VicUrban proposed a consultation process, which includes
targeted consultation with local residents, public transport users, and young people to
inform their design process, as well as provision of information back to stakeholders
once design concepts are developed.

This plan did not detail engagement around the planning permit application or a
requirement for the RA to consider submissions on a proposed development.

Why is it being undertaken?

     The site has been identified as a key redevelopment site for over 10 years and
      with the relocation of the existing business to another part of the municipality,
      can now be considered for new development
     The addition of 350-400 apartments will help meet Council’s housing
      requirements and can provide a diversity of product not possible in smaller
      FCAA developments
     The site is in an optimum location for a significant development, adjacent to
      the Footscray Station and within the FCAA
     The redevelopment of the site creates an opportunity to create linkages
      between two significant redevelopment sites in the FCAA, the Footscray
      Station and Joseph Road precincts.




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Who is involved?

     VicUrban owns the land and has approached the DPCD with a proposal to
      rezone the site. The Minister for Planning is the RA for the site. Council has
      been asked by the DPCD and VicUrban for comments on the proposed
      rezoning.

Key planning considerations:

     Implications from the Minister for Planning as the RA

      As the Minister for Planning is the RA for the area, VicUrban lodged its
      rezoning request directly with the DPCD. Council officers views have been
      sought through the Footscray Partnership’s Planning Certainty Working Group
      and through direct discussions with VicUrban.

      There are no formal protocols which outline Council’s role in considering
      planning scheme amendments where the Minister is the RA. If the Minister
      chooses to approve VicUrban’s request to remove notification and review
      rights for the amendment, Council and the community will not have the
      opportunity to call for an independent Planning Panel to review the proposal.

     Priority Development Zone

      The proposed zone to be applied to the site is the Priority Development Zone.
      The purpose of this zone is to provide for the use and development of land for
      projects and areas of regional or State significance. As a result, there are no
      third party notice or review rights for development proposals in this zone;
      meaning development applications would not trigger notification requirements
      and could not be reviewed at VCAT. Proposals would, however, still be
      subject to review through the Footscray Partnership Planning Protocols.

     Community and Council Engagement

      From the outset of discussions between VicUrban, Council, and the DPCD,
      Council officers have raised concern with the proposed community
      engagement process, specifically with respect to loss of notice and review
      rights in the amendment process. Given Council is not the responsible
      authority for this process, Council officers initiated discussions with VicUrban
      and the DPCD around alternative consultation processes, and the
      development of a project Community Engagement Plan. Depending on the
      level of community engagement proposed, there may be justification for
      Council to support the proposed fast-tracked Ministerial amendment process.




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DISCUSSION

Council officers have suggested to VicUrban that if it is seeking to remove formal
notification and review rights with the amendment, that an agreed Community
Engagement Plan be prepared for the amendment site. This would include an
obligation for VicUrban to exhibit the final plans, not simply concept plans, and allow
for stakeholder feedback to be considered by the RA in it’s decision.

This requirement currently applies to any redevelopment proposal for the Footscray
Market site, which is also located in the same Footscray Station Precinct (Sub-
Precinct 9), and logically this should apply to a redevelopment of the Binks Ford site.
After review by VicUrban’s planning and legal team, this change to the proposal was
initially supported in principle by VicUrban, but was not referred to in its recent
correspondence to Council (1 July 2011).


RESOURCE IMPLICATIONS

The development of the Footscray Masterplan, Joseph Road Precinct Urban Design
Framework, and the rezoning of the Binks Ford site will be undertaken, in the
majority, by the operational budgets of Council.

The preparation of the Footscray Structure Plan is reliant on funding from DPCD to
cover the cost of several small consultancies to close off on the content required of a
structure plan. This external funding to date has not been committed by DPCD. The
preparation of a new amendment will not be forthcoming if the structure plan is not
completed. Council officers will continue to pursue DPCD for this funding.

CONCLUSION

It is important that the planning and design frameworks for Footscray is completed in
a timely manner to provide planning certainty for the development industry and
broader community. This work will allow Council to re-engage with the community on
the shared vision for Footscray.

OFFICER RECOMMENDATION/COUNCIL RESOLUTION
That Council:
1.   Note the information provided in regard to the preparation of the
      Footscray Masterplan.

2.     Endorse the preparation of a new Framework Plan for the Joseph Road
       Precinct.

3.     Endorse the preparation of the Footscray Central Activities Area
       Structure Plan.

4.     Authorise the Chief Executive Officer to write to VicUrban (Urban
       Renewal Authority), requesting submission of a Community Engagement


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      Plan, in conjunction with its request for the proposed rezoning of the
      Binks Ford site. This plan should include:

      a)     A formalised consultation process in the Planning Scheme around
             the display of final plans, and consideration by the Responsible
             Authority of comments provided.

      b)     A consultation process around any significant amendments to the
             plans which are made, following initial approval of a planning
             permit for the site.

Moved by:         Cr Michael Clarke
Seconded by:      Cr John Cumming

                                                                           CARRIED



Cr John Cumming declared a conflict of interest in relation to Agenda Item 9.1.5,
Urban Planning Status Report – June 2011, due to being the owner of a property
referenced within the report.

Cr John Cumming left the meeting at 8.15pm, prior to any discussion or vote on the
matter.




                                      Page 60
ORDINARY COUNCIL MEETING MINUTES                                             19 JULY 2011




9.1.5 URBAN PLANNING STATUS REPORT - JUNE 2011

File No:                           19072011
Attachments:                       Graph June 2011
                                   List of Planning Applications June 2011
Responsible Officer:               Nigel Higgins
                                   General Manager Sustainable Development
Author:                            Jodi Whitehurst
                                   Personal Assistant to the General Manager
                                   Sustainable Development


PURPOSE

To provide an update on pending appeals, and delegate decisions, which are
attached.

In June 2011, there was an increase in the number of applications lodged, the
number of active applications and the percentage of decisions made within 60 days.
There was a decline in the number of applications determined.

OFFICER RECOMMENDATION/COUNCIL RESOLUTION
That Council note the Urban Planning Status report for June 2011.

Moved by:         Cr Sel Sanli
Seconded by:      Cr Martin Zakharov

                                                                             CARRIED


Cr John Cumming returned to the meeting at 8.19pm.




                                      Page 61
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9.2   COMMUNITY WELLBEING

9.2.1 GROWING FOOD, GROWING MARIBYRNONG PROJECT
      IMPLEMENTATION PLAN

Attachments:                       Growing Food Growing Maribyrnong
                                   Implementation Plan docx
Responsible Officer:               Arden Joseph
                                   General Manager Community Wellbeing
Author:                            Pamela Morgan
                                   Cultivating and Growing Healthier
                                   Communities Project Coordinator


PURPOSE

To seek Council’s endorsement of the Growing Food, Growing Maribyrnong Project
Implementation Plan, and to outline the actions proposed for Year One, covering
community gardens, edible public plantings, and supporting the development of
gardening skills in the community.

BACKGROUND

At the Council Meeting in March 2011, Council adopted the Food Security Policy
2011-2013 (the Policy). The Policy aims to provide a strategic framework to inform
and guide current and future food security work across Council, with government and
other stakeholders, and in the community, over the next three years. The key
elements of action under the Policy are:
       Urban production
       Supply
       Advocacy
       Health promotion
       Evaluation and monitoring.

Urban production

This report describes the scope, models and approach to be adopted in the area of
urban food production, including the development of the first two community gardens.
This component of the Policy has become the initial focus in response to the energy
in the local community, and by Council, for action on this theme. This energy has
been in part stimulated by growing awareness of the vulnerability of food supplies to
urban centres, as peak oil and climate change impacts increase, but also by the
understanding of the important role food growing and sharing can play in building
social capital through community development and recreation.




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The role of Local Government in food production

Local government is best placed to create an enabling environment in which various
urban food production models can meet the current, emerging and varied needs of
the community. This role for Council can include:

       Promoting a whole-of-council response to food production
       Providing a long term planned approach to the development of community
        gardens and other urban food production models
       Providing access to information and financial and physical resources,
        including land
       Influencing land use planning, to support local food production and supply
       Ensuring that the regulatory system does not unnecessarily impede food
        production projects
       Establishing and fostering strong partnerships with public and private sectors
       Developing models for community participation in maintaining open space
       Building the capacity of the local community to engage in food production.

Food production in other community settings

There has been increasing recognition of the importance of reconnecting people with
food growing to build food resilience and improve health and wellbeing outcomes
across the community, including schools, churches and non government
organisations. The school sector has been particularly active in this space over the
past 10 years, with many local schools running food growing and cooking programs.

The scope of the Growing Food, Growing Maribyrnong Implementation Plan has
been informed through consultation with schools, and is complementary to the
activities in these settings.

POLICY CONTEXT

       Food Security Policy 2011-2013
       Open Space Strategy 2006
       Our City, Our Children 2005
       Peak Oil Policy and Action Plan
       Naturestrip Landscape Policy and Guidelines
       Municipal Recreation Strategy 2009

COUNCIL PLAN

Building Community Spirit, Engagement And Places




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ORDINARY COUNCIL MEETING MINUTES                                              19 JULY 2011



We will build community spirit through the provision of quality facilities, responsive
services and people based places with a focus on community engagement and
participation in civic life.

STRATEGIC RESOURCE PLAN

Not applicable.

SUSTAINABILITY IMPLICATIONS

COMMUNITY

Growing Food, Growing Maribyrnong responds to the groundswell of community
interest in local food production and develops clear guidelines for the community and
for Council to support an increase in local food production. The engagement of
people in growing food together has proven to be a strong tool to support community
engagement and to build social capital.

ENVIRONMENT

Environmental factors will impact on how food is produced, transported and what and
when food is available. Strategies to increase local food production and food access
options will aid in enhancing environmental sustainability.

ECONOMIC

This project aims to have a positive impact on the local economy by increasing the
supply of local fruit and vegetables in the municipality, and increasing opportunities
for local formal and informal food system exchange.


HUMAN RIGHTS CONSIDERATION

       This report and its contents do not impede the Human Rights listed in the
        Charter of Human Rights and Responsibilities Act 2006.

CONSULTATION

Over a number of community consultations and forums, the desire to see more edible
plantings and community gardens has become evident.

In order to ‘test’ the idea of urban production further, a formal and structured
consultation process was commissioned. Metropolis Research was engaged to
undertake a survey of community attitudes to food production and to the involvement
of Council in food security initiatives.

Key findings were:
       Strong community support for Council engagement with the broad issue of
        food production and the availability of fresh fruit and vegetables
       Approximately one quarter of respondents expressed interest in having a plot
        in a community garden, assisting in harvest of fruit and nuts from trees in
        public spaces, or in joining a co-op to purchase fresh food

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       Reasons for interest in community gardens include; as a leisure activity,
        community involvement, access to land resources, and to improve household
        food supply
       High level of actual and anticipated activity in home food growing.

This high level of community interest triggered the establishment of a cross-Council
team to develop the Growing Food, Growing Maribyrnong Implementation Plan.

DISCUSSION

The primary focus of the Growing Food, Growing Maribyrnong Implementation Plan
is to establish and consolidate a platform of planting models in the public realm in
settings that either owned or managed by Council that are universally accessible to
all residents.

Objectives and settings for the community food growing plan

The Growing Food, Growing Maribyrnong Implementation Plan (attached) details a
number of recommendations with the aims of:

       Increasing the amount of food produced in the City of Maribyrnong through
        the development of community gardens
       Developing and supporting options for people to grow their own food on their
        own properties
       Enabling food production in the urban landscape
       Creating new spaces for community interaction, engagement, leisure and
        recreation
       Contributing to active citizenship in land stewardship
       Increasing knowledge and skills around food production
       Strengthening capacity in the community to adapt to future food challenges.

A key principle in this work has been the identification of opportunities across a range
of settings, to integrate edible plantings into the overall landscape.

Summary of the Growing Food, Growing Maribyrnong Implementation Plan

The elements of the Growing Food, Growing Maribyrnong Implementation Plan
include:

       Community gardens – establishing a number of community gardens spread
        across the municipality, complementary to existing food based programs.
        Sustainable governance systems will be developed in partnership with the
        community, and community space will be incorporated into the project to
        encourage interaction with the broader community
       Edible plantings in public spaces – identifying opportunities for edible
        plantings within existing regulatory frameworks and relevant Council planning


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       documents and trialling in conjunction with existing services such as
       community centres, where produce can be utilised in programmed activities
      Home food gardening – encouraging maximum use of private land for home
       food production, with opportunities to build skills and share produce and
       knowledge with other food gardeners
      New development sites – resources to impart clear expectations to
       developers of planning for healthy food environments
      Market gardens – investigation of the feasibility of market gardens to meet
       expressed community interest in purchase of local food.
      Finding non-council additional land – exploring opportunities to use privately
       owned and publically owned land.

Community Garden implementation - Year One

In year one, the Murnong Community Garden will be rebuilt and enlarged, and the
Braybrook Community Garden enlarged to include individual plots, while retaining a
communal garden area.

Year One Actions:
      Renewal and expansion of the Murnong Community Garden (Quarry Park,
       Footscray)
      Renewal and expansion of the Braybrook Community Garden (Braybrook
       Park, Braybrook)
      Delivery of a garden workshop program at the selected sites
      Identification and preliminary planning for at least one new community
       garden site to be ready for implementation in the second year
      Consultation will be undertaken with community groups interested in
       community gardens and edible landscaping, with a view to maximising
       community input into edible planting projects
      Models of governance for community gardens will be developed in
       consultation with interested community members and representative groups
      Models of shared Council and community stewardship of edible plantings in
       public spaces will be further explored, and a trial planting will be undertaken
      Opportunities will be identified to promote and support local production
       through Council’s early years centres and community centres
      Opportunities for sponsorship will be explored.




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Timelines in Year One:

July – Sept 2011                                  Formation of the Project Steering
                                                   Groups
                                                  Internal consultation to finalise
                                                   site boundaries and project
                                                   management responsibilities
                                                  Consultation with stakeholders
                                                   and local community
Oct – Dec 2011                                    Participatory design workshops
                                                   and development of the detailed
                                                   design
                                                  Seeking sponsorship for
                                                   appropriate elements of the
                                                   design
                                                  Identification of opportunities for
                                                   community agencies and
                                                   volunteers to be involved in the
                                                   construction phase
                                                  Commencement of construction

Jan – March 2012                                  Construction of Braybrook and
                                                   Murnong expanded sites
                                                  Formalisation of governance
                                                   structures and allocation of
                                                   garden plots

April – June 2012                                 Construction completed
                                                  Formal launch and community
                                                   celebration of Braybrook and
                                                   Murnong Community Gardens



Community Garden implementation - Year Two (subject to budget allocation)

Year Two will focus on the construction of a new community garden at a site
determined in Year One. Effort will continue to ensure that Murnong and Braybrook
community gardens remain sustainable.

Year Two Actions:
      Establishment of a third community garden
      A workshop program of skill development will be delivered



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       The existing community gardens will be supported to consolidate governance
        structures
       A new community garden site will be selected and preliminary steps
        undertaken to be ready for implementation in the third year.


Community garden site selection process

A process for evaluating and prioritising sites for community gardens has been
developed, based on a set of desirable and essential criteria, including size of site,
competing priorities, level of need, readiness for community involvement, and
accessibility.

The potential community garden sites considered to date are detailed in the map
attached.

These criteria will support future decisions about selection of appropriate sites for
community gardens.

Other opportunities to complement planting models in the public realm

A secondary focus of the Growing Food Growing Maribyrnong Implementation Plan
is to respond to, support and build capacity into those current and emerging food
production activities in other community settings. It is envisaged that this will be on a
more opportunistic, by request basis.

RESOURCE IMPLICATIONS

For urban production to have real traction over time, it needs to be treated as any
core Council program, with an investment in both capital and staff time.

The draft budget 2011/2012 includes $125,755 for the establishment of community
gardens. Further funding will need to be allocated in subsequent budgets to extend
the network and ensure the long term sustainability of community gardens.

The 2011/2012 effort will guide Council in preparing a business case for future
program investment in urban production, including capital works and officer time, to
ensure that the investment realises the desired objectives and responds to changing
community needs.

It is envisaged that the cost effectiveness of community gardens will improve over
time, as establishment costs and staff time will be amortised as economics of scale
improve.

CONCLUSION

Council has developed a considerable and robust body of work around food security
over the last seven years, that sees Maribyrnong City Council as a leader in Victoria.

There is a growing community interest in local food production, to increase the
availability of fresh food now, to build community resilience against potential future

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disruptions to the food supply, and to reduce the environmental costs of transport
and storage from the current food system.

The Growing Food, Growing Maribyrnong Implementation Plan sets out a program
for action over the municipality that will increase the number, and effectiveness of,
community gardens, increase capacity in the community to respond to food
insecurity, create a more food friendly environment across the City, and engage the
community in stewardship of edible plantings.

Investment in food production will need to be maintained over time to ensure
sustainable models are developed and supported.

This Plan builds on a solid base of work already undertaken in the field of food
security and outlines a way forward in which Council and the community can work
together to build a more food secure environment in Maribyrnong.


OFFICER RECOMMENDATION/COUNCIL RESOLUTION
That Council adopt the Growing Food, Growing Maribyrnong Implementation
Plan and note the actions for Year One.

Moved by:          Cr Dina Lynch
Seconded by:       Cr Martin Zakharov

                                                                             CARRIED


The General Manager Community Wellbeing, Arden Joseph, undertook to provide
Councillors with information pertaining to the possible effects of diesel emissions on
community gardens located next to rail lines.




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ORDINARY COUNCIL MEETING MINUTES                                             19 JULY 2011




9.3   CORPORATE SERVICES

9.3.1 CONSTITUTIONAL RECOGNITION OF LOCAL GOVERNMENT

File No:                            GOV-40-003
Responsible Officer:                Stephen Wall
                                    General Manager Corporate Services
Author:                             Stephen Wall
                                    General Manager Corporate Services


PURPOSE

For Council to consider adopting a resolution of support to assist the Australian Local
Government Association (ALGA) with its campaign for constitutional recognition of
local government, and to confirm Council’s commitment to constitutional recognition.

BACKGROUND

Following the 2010 Federal Election, Prime Minister Gillard committed to holding a
referendum on the constitutional recognition of local government. Since that
announcement, ALGA has been actively seeking resolutions from all councils to
ensure that the sector’s commitment to constitutional recognition is left in no doubt.

In correspondence received from ALGA it was suggested that the challenge facing
local government in regard to this issue is now threefold: to ensure the referendum is
held; to ensure that the type of recognition sought meets the requirements of the
sector; and to make sure that there is a positive result in the referendum itself.

The case for constitutional reform from a local government perspective was
highlighted in the 2009 decision by the High Court, in Pape v Federal Commissioner
of Taxation, where the High Court set out limitations of the Federal Government’s
powers and in doing so, clearly indicated that the Federal Government does not have
the power to fund local government directly. It is considered in the best interests of
local communities that Federal Governments have the capacity to fund councils
directly to achieve national objectives.

ALGA has suggested that a pragmatic and simple change to the constitution (most
likely Section 96) is desired, but does not rule out recognition of local government in
the Preamble as well.

The ALGA position with regard to constitutional recognition has been endorsed by all
state and territory local government associations, however endorsement by all
councils is considered an important demonstration of the widespread support within
the local government sector for this proposal.

POLICY CONTEXT

Council Plan 2009 – 2013

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STRATEGIC RESOURCE PLAN

GOVERNANCE

Council is elected to provide leadership for the good governance of the municipality,
representing and advocating for the community, and ensuring decisions are made
that meet the strategic objectives in a transparent, responsible and accountable
manner.

SUSTAINABILITY IMPLICATIONS

COMMUNITY

Recognition of local government in the constitution will enable financial support to be
provided directly from the Federal Government to councils which will have a positive
impact on local communities when funding for local initiatives is received.

ENVIRONMENT

Not applicable.

ECONOMIC

The recognition of local government in the constitution will allow the direct funding of
local government by the Federal Government to continue.

HUMAN RIGHTS CONSIDERATION

This report and its contents do not impede the human rights listed in the Charter of
Human Rights and Responsibilities Act 2006.

CONSULTATION

The referendum proposed by Prime Minister Gillard will provide the broad public with
the opportunity to express its views on local government being referenced in the
constitution. ALGA will be implementing a national communication strategy, along
with interested Councils, once the referendum is confirmed.

RESOURCE IMPLICATIONS

Resource requirements are in accordance with existing budgetary allocation.

The recommendations within this report do not carry significant resource
requirements, with minimal officer time required to draft related correspondence.

CONCLUSION

It is recommended that Council support the recommendations provided.




                                        Page 71
ORDINARY COUNCIL MEETING MINUTES                                     19 JULY 2011




OFFICER RECOMMENDATION/COUNCIL RESOLUTION

That Council:
1.   Declares its support for financial recognition of local government in the
     Australian Constitution, so that the Federal Government has the power to
     fund local government directly, and also for inclusion of local government
     in any new Preamble to the Constitution, if one is proposed, and calls on
     all political parties to support a referendum by 2013 to change the
     Constitution to achieve this recognition.

2.   Sends correspondence to the Prime Minister, Leader of the Opposition,
     Federal Minister for Local Government and the Shadow Minister for Local
     Government, advising them of Council’s resolution, and seeking their
     support for financial recognition of local government in the Australian
     Constitution.

Moved by:        Cr Michael Clarke
Seconded by:     Cr John Cumming

                                                                     CARRIED




                                     Page 72
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9.3.2 ASSEMBLY OF COUNCILLORS JUNE/JULY 2011

File No:                            CR001
Attachments:                        Planning Forum 28 June 2011 doc
                                    Briefing 5 July 2011 doc
Responsible Officer:                Stephen Wall
                                    General Manager Corporate Services
Author:                             Gavin Attard
                                    Governance Officer


PURPOSE

To present the records of assemblies of Councillors for the June/July 2011 period, for
Council to note, in accordance with Section 80A of the Local Government Act 1989
(the Act).

BACKGROUND

In accordance with Section 80A of the Act, written assemblies of Councillors are to
be reported at an Ordinary Council Meeting of the Council.

An assembly of Councillors includes advisory committees, where one or more
Councillors were present, along with planned or scheduled meetings involving at
least half of the Councillors and a Council Officer.

A Councillor who has a conflict of interest at an assembly of Councillors, must
disclose the conflict of interest, and leave the meeting while the matter is being
discussed.

A written record is required to be kept of every assembly of Councillors, including the
names of all Councillors and staff at the meeting, a list of the matters considered, any
conflict of interest disclosed by a Councillor, and whether a Councillor who disclosed
a conflict left the meeting.

HUMAN RIGHTS CONSIDERATION

This report and its contents do not impede the human rights listed in the Charter of
Human Rights and Responsibilities Act 2006.




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ORDINARY COUNCIL MEETING MINUTES                                     19 JULY 2011




OFFICER RECOMMENDATION/COUNCIL RESOLUTION
That Council note the written record of assemblies of Councillors for June/July
2011.
Moved by:         Cr John Cumming
Seconded by:      Cr Sel Sanli

                                                                     CARRIED


Cr Michael Clarke left the meeting at 8.45pm.




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9.3.3 DELEGATES REPORT 15 JUNE TO 12 JULY 2011

File No:                             CR001
Attachments:                         Delegates Report 15 June to 12 July 2011 docx
Responsible Officer:                 Stephen Wall
                                     General Manager Corporate Services
Author:                              Annthea Lindsay
                                     Council Relations Officer


PURPOSE

To receive Councillor delegates’ reports for the period 15 June to 12 July 2011.

BACKGROUND

Councillor participation in peak associations, local and regional forums and specific
issues committees is an important part of effective governance and representation.

As part of their governance and representation obligations, individual Councillors
represent Council on a range of committees. The committees operate outside of the
Community Access and Strategic Policy Committee and Planning Forum.

The Councillor’s role as a delegate on these committees is to represent the position
of Council, and involves reporting back to the full Council on the issues, or progress
of the committees.

POLICY CONTEXT

It is policy for the delegates to report back to the full Council on issues arising from
their attendance at the committee they represent.

The reporting of delegates’ reports is in accordance with the Council Plan 2009-2013.

COUNCIL PLAN

Building Community Spirit, Engagement and Places

We will build community spirit through the provision of quality facilities, responsive
services and people based places with a focus on community engagement and
participation in civic life.

STRATEGIC RESOURCE PLAN

GOVERNANCE

Council is elected to provide leadership for the good governance of the municipality,
representing and advocating for the community, and ensuring decisions are made
that meet the strategic objectives in a transparent, responsible and accountable
manner.
                                         Page 75
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SUSTAINABILITY IMPLICATIONS

COMMUNITY

Not applicable.

ENVIRONMENT

Not applicable.

ECONOMIC

Not applicable.

HUMAN RIGHTS CONSIDERATION

This report and its contents do not impede the Human Rights listed in the Charter of
Human Rights and Responsibilities Act 2006.

CONSULTATION

Consultation is not required for this matter.

DISCUSSION

Attached is the report from Councillor delegates to committees for the period
15 June to 12 July 2011.

RESOURCE IMPLICATIONS

There are no resource implications associated with this matter.

CONCLUSION

The delegates’ reports are attached for Council’s consideration.

OFFICER RECOMMENDATION/COUNCIL RESOLUTION
That Council receive and note the Councillor delegates’ reports for 15 June to
12 July 2011.

Moved by:          Cr Catherine Cumming
Seconded by:       Cr Martin Zakharov

                                                                           CARRIED




                                        Page 76
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9.4    NOTICE OF MOTION

9.4.1 TRAFFIC AND NOISE MANAGEMENT

Notice of Motion No:               216
Councillor:                        Mayor Sarah Carter


PURPOSE

To seek comments/actions from the State Government with regard to matters relating
to various issues affecting the Maribyrnong City community.

With the consent of the Mayor Sarah Carter, as mover, Cr John Cumming suggested
the addition of Buckley and Whitehall Streets, at paragraph four below.

Cr Michael Clarke returned to the meeting at 8.47pm.

MOTION/COUNCIL RESOLUTION
That Council:
1.    Writes to the Minister for Roads, the Hon. Terry Mulder, MP, seeking:

      a)   A firm commitment to engage with Council in a joint review of the
           existing truck curfew arrangements applicable to roads within the
           City of Maribyrnong.

      b)   The State Government’s plans to address the growing and
           unacceptable impact on the amenity and liveability of the inner
           western suburbs arising from the growth in truck movements and
           traffic congestion.

2.    Writes to the State Minister for the Environment and Climate Change, the
      Hon. Ryan Smith, MP, requesting the immediate introduction of
      appropriate noise pollution controls on both rail and road related
      transport activities under the control of the State Government.

3.    Writes to the State Minister for Health, the Hon. David Davis, MP,
      requesting that a thorough study be urgently undertaken into the health
      impacts associated with exposure to noise pollution on residents living
      adjacent to major road and rail corridors.

4.    Undertakes a program of noise measurement in Moore, Buckley and
      Whitehall Streets, Footscray, to ascertain the extent of noise pollution
      impacting on residents.

Moved by:         Cr Sarah Carter
Seconded by:      Cr John Cumming

                                                                        CARRIED

                                      Page 77
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10    URGENT BUSINESS

      There were no items of urgent business considered at the meeting.




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11     CONFIDENTIAL BUSINESS

11.1   CORPORATE SERVICES

11.1.1 PROPOSED ROAD DISCONTINUANCE AND SALE OF COUNCIL
       SURPLUS LAND AT 13-15 FORD STREET, FOOTSCRAY

File No:                           COP-15-005
Responsible Officer:               Stephen Wall
                                   General Manager Corporate Services
Author:                            Peter Wyss
                                   Property Coordinator


PURPOSE

It is proposed that the following item be considered in closed session.

OFFICER RECOMMENDATION
That in accordance with Section 77 (2)(c) of the Local Government Act 1989,
the meeting is closed to members of the public with the following aspect(s)
of the Act being applicable to this matter:

Section 89 (2):
      (d) Contractual matters.

COUNCIL RESOLUTION
That Council defer consideration of proposed road discontinuance and sale of
Council surplus land at 13-15 Ford Street, Footscray, until the next scheduled
Council meeting on 16 August 2011.

Moved by:          Cr Michael Clarke
Seconded by:       Cr John Cumming

                                                                          CARRIED




                                       Page 79
ORDINARY COUNCIL MEETING MINUTES                                       19 JULY 2011




12    MEETING CLOSURE

      The Chair, Mayor Sarah Carter, declared the meeting closed at 9.03pm.




                                    Page 80

								
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