Minutes October 18 2011 Council

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Minutes October 18 2011 Council Powered By Docstoc
					  ORDINARY COUNCIL MEETING

                          MINUTES
                 TUESDAY 18 OCTOBER, 2011

                           at 7pm

                           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                                                                   18 OCTOBER 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 INTEREST ........................................................................ 1

6      PUBLIC QUESTION TIME .......................................................................... 1

7      CONFIRMATION OF MINUTES OF PREVIOUS COUNCIL MEETING ...... 2

8      MATTERS FROM COMMUNITY ACCESS AND STRATEGIC POLICY .... 3

9      BUSINESS .................................................................................................. 4

       9.1      SUSTAINABLE DEVELOPMENT .................................................... 4

                9.1.1 63 BAYVIEW ROAD, YARRAVILLE ....................................... 4

                9.1.2 5 KENT STREET, YARRAVILLE .......................................... 17

                9.1.3 16 VALNERE STREET, MARIBYRNONG............................ 29

                9.1.4 141 SUFFOLK STREET, WEST FOOTSCRAY ................... 45

                9.1.5 PLANNING SCHEME AMENDMENT C89 - 125 AND 129-
                      155 FRANCIS STREET, YARRAVILLE................................ 57

                9.1.6 MARIBYRNONG ECONOMIC AND INDUSTRIAL
                      DEVELOPMENT STRATEGY .............................................. 65

                9.1.7 PLANNING FOR FOOTSCRAY ........................................... 71

                9.1.8 DRAFT STREET FURNITURE AND DISPLAY GUIDELINES,
                      AND STREET TRADING GUIDELINES ............................... 77

                9.1.9 URBAN PLANNING STATUS REPORT - SEPTEMBER 201181

       9.2      COMMUNITY WELLBEING............................................................ 82

                9.2.1 GENDER EQUITY PUBLIC STATEMENTS: PREVENTING
                      VIOLENCE AGAINST WOMEN ........................................... 82




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      9.3     CORPORATE SERVICES .............................................................. 90

              9.3.1 ADOPTION OF ANNUAL REPORT 2010-2011 ................... 90

              9.3.2 2011 ANNUAL COMMUNITY SURVEY - SUMMARY
                    RESULTS ............................................................................. 95

              9.3.3 COUNCILLOR SUPPORT EXPENSES JULY - SEPTEMBER
                    2011 ................................................................................... 101

              9.3.4 DELEGATES REPORT 14 SEPTEMBER TO 11 OCTOBER
                    2011 ................................................................................... 104

              9.3.5 ASSEMBLY OF COUNCILLORS SEPTEMBER/OCTOBER
                    2011 ................................................................................... 106

      9.4     INFRASTRUCTURE SERVICES .................................................. 107

              9.4.1 MARIBYRNONG INTEGRATED TRANSPORT STRATEGY107

              9.4.2 TRUCK CURFEW MANAGEMENT- TRAFFIC
                    MONITORING - OCTOBER 2011 UPDATE ....................... 110

      9.5     NOTICE OF MOTION ................................................................... 116

              9.5.1 CIVIC INVITATION TO ELECTION OF MAYOR ................ 116

10    URGENT BUSINESS .............................................................................. 117

11    CONFIDENTIAL BUSINESS ................................................................... 118

      11.1    COMMUNITY WELLBEING.......................................................... 118

              11.1.1 FOOD SERVICES PROGRAM .......................................... 118

      11.2    CORPORATE SERVICES ............................................................ 118

              11.2.1 PROPERTY MATTER – PROPOSED LEASE ................... 118

              11.2.2 FOOTSCRAY INTEGRATED MARKETING STRATEGY
                     (FIMS) 2011-2016 .............................................................. 118

              11.2.3 ASSEMBLY OF COUNCILLORS SEPTEMBER/OCTOBER
                     (CONFIDENTIAL) ............................................................... 118

12    MEETING CLOSURE .............................................................................. 119

13    REOPENING OF PUBLIC MEETING ...................................................... 119

      13.1    FOOD SERVICES PROGRAM ..................................................... 119




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      13.2    FOOTSCRAY INTEGRATED MARKETING STRATEGY (FIMS)
              2011-2016 ..................................................................................... 119

14    MEETING CLOSURE .............................................................................. 119




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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

      May 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 submitted at the meeting.

4     LEAVE OF ABSENCE

      There were no applications for leave of absence for consideration at the
      meeting.

5     CONFLICTS OF INTEREST

      Cr Catherine Cumming declared a conflict of interest in relation to agenda item
      9.1.3 “16 Valnere Street, Maribyrnong”, as a sibling resides in Valnere Street,
      Maribyrnong.

      Cr Jonn Cumming declared a conflict of interest in relation to agenda item
      9.1.3 “16 Valnere Street, Maribyrnong”, as a sibling resides in Valnere Street,
      Maribyrnong.

6     PUBLIC QUESTION TIME

      The Chair, Mayor Sarah Carter invited questions from the gallery, some of
      which were answered at the meeting.

      In response to a question raised by Mr Michael Issacson, the Chair, Mayor
      Sarah Carter, advised that she would investigate the issue of drainage to the
      drinking fountain outside of the Council offices.

      In response to a questions raised by Mr Ken Betts, the General Manager
      Sustainable Development, Nigel Higgins, undertook to provide a response in
      relation to the Footscray Traders Association’s comments to the draft Street
      Furniture and Display Guidelines and Street Trading Guidelines, which
      appeared to have been omitted from the Council report.




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      EXTENSION OF PUBLIC QUESTION TIME

      That Council extend public question time for a further 15 minutes.

      Moved by:           Cr Michael Clarke
      Seconded by:        Cr Dina Lynch

                                                                            CARRIED

      The Chair, Mayor Sarah Carter, invited further questions from the gallery,
      some of which were answered at the meeting.

      In response to a question raised by Canela DeSilva, the Acting Manager
      Urban Planning, Steven Lionakis, undertook to consult with Council’s Building
      Department in relation to condition 1(f), with regard to the requirement for the
      ground floor bedroom three window.

      EXTENSION OF PUBLIC QUESTION TIME

      That Council extend public question time for a further 15 minutes.

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

                                                                            CARRIED

      The Chair, Mayor Sarah Carter, invited further questions from the gallery,
      some of which were answered at the meeting.

      In response to a question raised by Mr Justin Ryan, the Chair, Mayor Sarah
      Carter, undertook to investigate the progress of responses to Mr Ryan’s
      questions at the last Council Meeting.


7     CONFIRMATION OF MINUTES OF PREVIOUS COUNCIL MEETING

      Minutes September 20 2011 Council.DOCX

      That the minutes of the Ordinary Meeting of Council held on
      20 September 2011, be confirmed.

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

                                                                            CARRIED




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8     MATTERS FROM COMMUNITY ACCESS AND STRATEGIC POLICY

      The Community Access and Strategic Policy Meeting scheduled for Tuesday
      11 October, 2011, was not held.




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9     BUSINESS

9.1   SUSTAINABLE DEVELOPMENT

9.1.1 63 BAYVIEW ROAD, YARRAVILLE

File No:                           TP290/2011
Attachments:                       Site Map
Responsible Officer:               Nigel Higgins
                                   General Manager Sustainable Development
Author:                            Susanne Payten
                                   Urban Planner


 APPLICATION RECEIVED:               14-Jun-2011
 APPLICATION NUMBER:                 TP290/2011 (V0)
 APPLICANT:                          George Athanassopoulos
 SITE ADDRESS:                       63 Bayview Road, Yarraville
 PROPOSAL:                           To use the land for accommodation (boarding
                                     house), and a reduction in the carparking
                                     requirements
 ZONING:                             R1Z - Residential 1 Zone
 OVERLAYS:                           DCPO6 - Development Contributions Plan
                                     Overlay (Schedule 6), HO9 - Heritage Overlay
 INTERNAL REFERRALS:                 Environmental Health, Building Services
 EXTERNAL REFERRALS:                 None
 COST OF DEVELOPMENT:                Nil
 WARD:                               Sheoak
 ADVERTISED:                         Yes
 NUMBER OF OBJECTIONS:               20
 DATE OF PLANNING FORUM:             23 August 2011


PURPOSE

This report describes the planning process for an application to use the land for
accommodation (boarding house), and a reduction in the carparking requirements, at
63 Bayview Road, Yarraville.

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

PROPOSAL

The use of the existing dwellings as a boarding house, which will comprise of:

     Eight lodging rooms

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      Four living rooms
      Two kitchens
      One laundry
       One carparking space within the existing garage accessed from Grace Street.
It is noted that no buildings or works are proposed and the information submitted is
unclear as to the number of lodgers to be accommodated.

SITE AND SURROUNDS

Subject Site

The subject site is located on the south-eastern corner of Bayview Road and Grace
Street. The site has a frontage to Bayview Road of 10.67 metres, an area of 351
square metres, and is generally flat.

The site is currently occupied by a double storey weatherboard dwelling. The
dwelling is setback 5.21 metres from the frontage and extends the entire length of the
southern boundary, and a garage abuts the eastern boundary accessible from Grace
Street.

Surrounding Area

The subject site is in a residential area approximately 1.4 kilometres south-west of
Footscray. The surrounding areas is characterised by small single storey detached
and attached Victorian and Edwardian era homes. The majority of homes have no
provision for on-site vehicle parking, and have small backyards.

Directly abutting the site to the south is a double storey dwelling, setback a minimum
5 metres. Abutting the site to the east is a single storey weatherboard dwelling
setback approximately 5 metres, with a verandah protruding into the setback.

RESTRICTIVE COVENANTS

No covenant or restrictions have been registered on title to this property.

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 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 15 – Built Environment and Heritage
            15.01 – Urban environment
              15.01-1 – Urban design
              15.01-4 – Design for safety
      Clause 16 – Housing
            16.01 – Residential development
      Clause 18 – Transport
            18.01 – Integrated transport
            18.02 – Movement networks.

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

Relevant to the assessment of the current application are:

      21.07 – Housing
      21.09 – Transport.

Development Contribution Plan Overlay (DCPO)

The DCPO is not applicable to this planning application as no new net dwelling is
being proposed.

Clause 52.23 – Shared Housing

A permit is not required to use a building, including outbuildings normal to a dwelling,
to house a person, people and any dependants of two or more people (including
people with intellectual disabilities) if the building meets all of the following
requirements:

      Is in an area or zone which is used mainly for housing
      Provides self contained accommodation
      Does not have more than 10 habitable rooms.

The proposal has more than 10 habitable rooms, therefore a permit is required.

Clause 52.06 – Carparking

Pursuant to Clause 52.06-1, a new use must not commence until the required car
spaces have been provided on the land. The table at Clause 52.06-5 specifies that

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the parking rate for a residential building is one space per lodging room. As the
proposal has eight lodging rooms, eight car spaces are required.
A permit is being sought for a reduction to the number of car spaces required.

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
period of 14 days.

20 objections have been received to the proposal.

The grounds of objections are summarised as follows:

     Carparking and traffic issues
     Safety/security concerns
     Anti-social behaviours of tenants
     Poor on-site management
     Noise/rubbish generation
     Poor on-site amenity
     Privacy/overlooking issues
     Proximity to a kindergarten
     Poor accessibility to transport, shops, social/government services
     Non-compliance with building permit issued in 2002
     Non-compliance with health regulations and Victorian Equal Service
      Guidelines
     Sets a negative precedent for similar proposals in the locality
     Deceptive approach by applicant in attaining building and planning permits,
      and illegal operation of the boarding house in the past
     Decreased property values.

PLANNING FORUM

A Planning Forum was held on 23 August, 2011, Chaired by Cr J Cumming. The
meeting was attended by Mayor Carter, Cr Clarke, Cr Sanli, Cr Lynch, Cr Zakharov,
Council officers, the applicant, and 18 objectors.

The issues discussed at the meeting further elaborated on the grounds of objections
and no resolutions were achieved.

During the meeting the following changes were verbally offered by the applicant:

     Screening to the windows
     A management plan.

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Despite these changes, the objections remain. It is considered that these changes
are reasonable and will be included as conditions on any planning approval.

DISCUSSION

External

The application was not referred externally pursuant to Section 55 of the Planning
and Environment Act 1987.

Internal

The application was referred internally to the following departments:

Building Services

Building Services indicated there are numerous building matters associated with a
change of use that will need to be addressed by the relevant building surveyor after
any planning approval.

Environmental Health

Environmental Health indicated support of the proposal except for fire safety exit
issues, which will need to be addressed to enable the upstairs area of the building to
meet the Public Health and Wellbeing Act 2008.

PLANNING OFFICER ASSESSMENT

Strategic Assessment

The proposed use is consistent with the purpose of the Residential 1 Zone, which
among other things, functions to provide for residential development at a range of
densities, with a variety of dwellings to meet the housing needs of all households.

The SPPF aims to create urban environments that are safe, functional, and provide
quality environments with a sense of place and cultural identity, as well as improve
community safety, and encourage neighbourhood design that makes people feel
safe. The property has a high fence, which decreases perceptions of safety and
provides a hiding space at the front of the dwelling, which is considered unsafe. A
permit condition could address this issue, while taking into consideration the
contributory status of the dwelling to the Heritage Overlay, by reducing the height of
the fence.

The proposal acts to meet both State and Local housing policy, providing for a
diversity of housing options that meet the needs of the community, and thus provides
for more affordable housing, which is accessible to jobs, transport and services within
the municipality. It also provides affordable accommodation in a location that
enables the occupants to capitalise on the proximity to activity centres through
utilising sustainable personal transport such as walking and cycling. This can be
encouraged through the addition of bike racks on the site, via a condition on any
planning approval.

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Overall the proposed use of the land is consistent with SPPF and LPPF.

Statutory Assessment

The Victorian Civil and Administrative Tribunal (VCAT) has made numerous
decisions relating to similar uses and has identified the following key issues:

      Will the proposed use result in any unreasonable off-site amenity impacts?
      Is there sufficient carparking provided on the site?
      Are the on-site facilities sufficient for the residents?

An assessment against the above questions will address the requirements of the
Maribyrnong Planning Scheme, and the majority of objectors’ concerns.

Will the proposed use result in any unreasonable off-site amenity impacts?

Several key concerns raised by the objectors relate to off-site amenity impacts.
Those that are relevant considerations are: increased noise, overlooking, safety and
security concerns, antisocial behaviours of tenants, poor accessibility to transport,
shops, and social/government services. These are addressed below.

Noise: It is considered that eight residents living within the dwelling would not
generate excessive noise greater than any other dwelling within the street. Noise
levels beyond that are usual for a residential dwelling and can be managed through a
management plan.

Overlooking, safety and security: The existing built form has been highlighted by
adjoining neighbours to result in overlooking to the adjoining properties and provide
access to 65 Bayview Road. This matter was discussed during the Planning Forum,
and the applicant indicated a willingness to provide screening to prevent overlooking.
In relation to access through ground and first floor windows to the adjoining dwelling,
the proposed upper floor screening could be conditioned to be external and fixed
screening. This external screening would function to prevent easy access to the
private open space of the adjoining dwelling at 65 Bayview Road. Additionally, a
condition on any planning approval could also require that the ground floor window
that opens directly into the private open space be obscured and fixed.

Anti-social behaviour of tenants: A management plan could address the behaviour of
the tenants via constant monitoring, and this can be addressed as a permit condition
which includes information about acceptable behaviour, and the matters that would
be escalated to the police.

Poor accessibility to transport, shops, and social/government services: As detailed
below, the site is proximate and accessible to transport, shops, and services,
including Seddon Neighbourhood Activity Centre (approximately 700 metres away),
Footscray Central Activity Area (approximately 1.4 kilometres away). These centres
are accessible by bus routes. Additionally, Footscray is host to numerous
government funded medical services that could benefit any future resident of the
boarding house.


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Is there sufficient carparking provided on the site?

The carparking provisions at Clause 52.06 require one carparking space per lodging
room for a residential building. The existing dwelling has one carparking space on
the site, within a garage accessed from Grace Street.

The proposed use has a total of eight lodging rooms, and it is noted that there are
areas within the dwelling that could be used/converted into lodging rooms, resulting
in 13 lodging rooms. If the maximum number of rooms were utilised within the
dwelling the waiver of 12 car parking spaces is excessive within the context - given
the lack of off-street parking and dependence on-street parking in the area. A permit
condition on any planning approval could reduce the amount of lodging rooms.

It is also noted that more than one lodger could share a bedroom, which would
significantly increase the number of lodgers beyond the intent of the carparking
requirements. A permit condition on any planning approval could also restrict the
number of lodgers to one per bedroom.

The proposed conditions to control the number of lodgers enables a clearer
assessment of the anticipated carparking required for the proposed use. The
proposal has a shortfall of seven carparking spaces, based on the proposed
conditions of eight lodging rooms.

This shortfall is justified, based on the following:

      Due to the nature of the use as a boarding house, residents are likely to be of
       low income and therefore the level of car ownership is likely to be very low.
       Additionally, SPPF and LPPF encourages affordable housing close to public
       transport and community services, so that residents are not reliant on a car
      Bus routes 233 and 472 are within walking distance along Somerville and
       Williamstown Roads. These routes enable access to Footscray through the
       Seddon activity centre, and to Williamstown and Moonee Ponds via Footscray
      Convenience shopping is available in Seddon and west Yarraville, and further
       services are accessible by personal or public transport in Footscray.

In order to encourage the use of personal transport, a condition on any permit issued
will require the inclusion of bicycle racks at a rate of one per lodging room within the
site.

Are the on-site facilities sufficient for the residents?

The two storey dwelling is extensive in size, as it includes eight bedrooms, two
kitchens, four bathrooms, one laundry and several living areas, as well as a small
private open space. Given the above, it is considered reasonable to limit the number
of occupants of the dwelling to one per lodging room. Additionally, in order to enable
the residents to receive postal services, it is considered appropriate that mail boxes
are included for each lodging room: this can be addressed via a condition on any
planning approval.



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Similarly, the existing waste services available to the dwelling would be able to
accommodate the waste generated by eight people. This element of the
management of the property as a boarding house could be required as part of a
detailed management plan.

Other Matters

In response to the grounds of objections not addressed in the above discussion, the
following comments are provided:

     Proximity to a kindergarten: A kindergarten is an expected use in a residential
      area, as is the use of dwellings for residential purposes such for
      accommodation. These uses are considered compatible uses
     Non compliance with Heritage Overlay and neighbourhood character
      requirements: not applicable, as there are no additions or alteration proposed
      to the building
     Plans not reflective of actual/proposed use of rooms: Should a permit be
      issued for the site, the use of the rooms as detailed on any endorsed plans will
      be enforceable
     Sets a negative precedent for similar proposals in the locality: Precedent is
      not a valid planning consideration, as every proposal is considered on its
      merits.

The following matters are not considered relevant planning considerations:

     Decreased property values
     Deceptive approach by applicant in attaining building and planning permits
      and illegal operation of the boarding house in the past
     Non-compliance with building permit issued in 2002
     Non compliance with Health Regulations and Victorian Equal Service
      Guidelines.

CONCLUSION

It is considered that the proposal meets the overall intent and objectives of the SPPF
and LPPF, including Clauses 52.06 and 52.23 of the Maribyrnong Planning Scheme.
It is therefore considered that the application should be approved, subject to
conditions.

OFFICER RECOMMENDATION
That Council issue a Notice of Decision to Grant a Permit with conditions to
use the land for accommodation (boarding house), and a reduction in the
carparking requirements at 63 Bayview Road, Yarraville, subject to the
following conditions:




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1.   Before the use start(s), amended plans must be submitted to the
     satisfaction of the Responsible Authority. When approved, the plans will
     be endorsed, and will 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)   A low level timber picket front fence along Bayview Road, which
          returns along Grace Street for a minimum of 6 metres

     b)   Notations clearly indicating each bedroom as a ‘lodging room’

     c)   A communal mail box accessible from Bayview Road

     d)   A provision of eight bicycle spaces within the site

     e)   External fixed screening to the first floor windows along the southern
          and eastern elevations, to a height of 1.7 metres above finished floor
          level

     f)   The ground floor bedroom three window as fixed and obscure.

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

3.   A maximum of eight lodgers to be accommodated within the site at any
     one time without the written consent of the Responsible Authority.

4.   Before the use starts, a Residential Building Management Plan must be
     submitted to the satisfaction of the Responsible Authority. When
     approved, the plan will be endorsed and will then form part of the permit.
     All activities forming part of the use must comply with the endorsed plan.
     The site management plan must address (but is not limited to) the
     following:

     a)   The name and contact details of who is responsible for the day to
          day management of the premises

     b)   Contact details of the manager(s) during business hours and after
          hours

     c)   How the lodgings will be leased

     d)   Arrangement for supervision of residents/tenants

     e)   Maintenance and upkeep of the building

     f)   Details of arrangements and a resolution process for nearby
          residents to direct complaints as appropriate

     g)   Communication plan with Council and the Victoria Police


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     h)   House rules for the purpose of protecting the amenity of nearby
          residents

     i)   A code of conduct for tenants in the premises regarding noise,
          visitors, and entertainment to be conducted on the site

     j)   Check-in times for visitors

     k)   Management of on-site carparking

     l)   Arrangement for collection, storage, and disposal of waste including
          delivery of bins to waste collection points, and retrieval of bins once
          collected

     m)   How the building will be accessed by tenants.

5.   A copy of this management plan must be made available to any resident
     of the development.

6.   The use of the premises and management of the boarding house
     approved in this permit must meet the terms of the Management Plan of
     Condition 4, unless with the written consent of the Responsible Authority.

7.   All visual screening and measures to prevent overlooking to adjoining
     properties must be erected prior to the use starting, to the satisfaction of
     the Responsible Authority.

8.   No goods are permitted to be sorted or left exposed outside the building
     so as to be visible from any public area.

9.   The use must be managed so that the amenity of the area is not
     detrimentally affected, through the:

     a)   Transport of materials, goods or commodities to or from the land

     b)   Appearance of any building, works or materials

     c)   Emission of noise, artificial light, vibration, smell, fumes, smoke,
          vapour, steam, soot, ash, dust, waste water, waste products, grit or
          oil

     d)   Harbourage and/or presence of vermin.

10. This permit will expire if:

             The use has not commenced within two years or the date of this
          permit

     or
              The use is discontinued for a period of two years.




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     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
    The application has not been assessed under Clause 54 (ResCode
     provisions) of the Maribyrnong Planning Scheme.

COUNCIL RESOLUTION
That Council issue a Notice of Decision to Grant a Permit with conditions to
use the land for accommodation (boarding house), and a reduction in the
carparking requirements at 63 Bayview Road, Yarraville, subject to the
following conditions:
1.   Before the use start(s), amended plans must be submitted to the
     satisfaction of the Responsible Authority. When approved, the plans will
     be endorsed, and will 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)     A low level timber picket front fence along Bayview Road, which
            returns along Grace Street for a minimum of 6 metres

     b)     Notations clearly indicating each bedroom as a ‘lodging room’

     c)     A communal mail box accessible from Bayview Road

     d)     A provision of eight bicycle spaces within the site

     e)     External fixed screening to the first floor windows along the southern
            and eastern elevations, to a height of 1.7 metres above finished floor
            level

     f)     The ground floor bedroom three window as fixed and obscure to the
            satisfaction of Council.

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

3.   A maximum of eight lodgers to be accommodated within the site at any
     one time without the written consent of the Responsible Authority.

4.   Before the use starts, a Residential Building Management Plan must be
     submitted to the satisfaction of the Responsible Authority. When
     approved, the plan will be endorsed and will then form part of the permit.
     All activities forming part of the use must comply with the endorsed plan.
     The site management plan must address (but is not limited to) the
     following:

     a)     The name and contact details of who is responsible for the day to
            day management of the premises


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     b)   Contact details of the manager(s) during business hours and after
          hours

     c)   How the lodgings will be leased

     d)   Arrangement for supervision of residents/tenants

     e)   Maintenance and upkeep of the building

     f)   Details of arrangements and a resolution process for nearby
          residents to direct complaints as appropriate

     g)   Communication plan with Council and the Victoria Police

     h)   House rules for the purpose of protecting the amenity of nearby
          residents

     i)   A code of conduct for tenants in the premises regarding noise,
          visitors, and entertainment to be conducted on the site

     j)   Check-in times for visitors

     k)   Management of on-site carparking

     l)   Arrangement for collection, storage, and disposal of waste including
          delivery of bins to waste collection points, and retrieval of bins once
          collected

     m)   How the building will be accessed by tenants

     n)   The upkeep of a log book for all lodgers that have checked in and
          checked out, which must be kept up to date.

5.   A copy of this management plan must be made available to any resident
     of the development.

6.   The use of the premises and management of the boarding house
     approved in this permit must meet the terms of the Management Plan of
     Condition 4, unless with the written consent of the Responsible Authority.

7.   All visual screening and measures to prevent overlooking to adjoining
     properties must be erected prior to the use starting, to the satisfaction of
     the Responsible Authority.

8.   No goods are permitted to be sorted or left exposed outside the building
     so as to be visible from any public area.

9.   The use must be managed so that the amenity of the area is not
     detrimentally affected, through the:

     a)   Transport of materials, goods or commodities to or from the land

     b)   Appearance of any building, works or materials

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     c)     Emission of noise, artificial light, vibration, smell, fumes, smoke,
            vapour, steam, soot, ash, dust, waste water, waste products, grit or
            oil

     d)     Harbourage and/or presence of vermin.

10. This permit will expire if:

               The use has not commenced within two years or the date of this
            permit

     or
                The use is discontinued for a period of two years.

     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
    The application has not been assessed under Clause 54 (ResCode
     provisions) of the Maribyrnong Planning Scheme.

    No parking permits will be granted by Council for lodgers of the boarding
     house.


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

                                                                          CARRIED




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9.1.2 5 KENT STREET, YARRAVILLE

File No:                           TP377/2011
Attachments:                       Site Map
Responsible Officer:               Nigel Higgins
                                   General Manager Sustainable Development
Author:                            Susanne Payten
                                   Urban Planner


 APPLICATION RECEIVED:                15-Jul-2011
 APPLICATION NUMBER:                  TP377/2011 (V0)
 APPLICANT:                           Goran Mijatovic
 SITE ADDRESS:                        5 Kent Street, Yarraville
 PROPOSAL:                            Use of the land for the purpose of industry
                                      (motor repairs)
 ZONING:                              B3Z - Business 3 Zone
 OVERLAYS:                            DCPO6 - Development Contributions Plan
                                      Overlay (Schedule 6)
 INTERNAL REFERRALS:                  Environmental Health, Transport and Special
                                      Projects
 EXTERNAL REFERRALS:                  None
 COST OF DEVELOPMENT:                 Nil
 WARD:                                Sheoak
 ADVERTISED:                          Yes
 NUMBER OF OBJECTIONS:                12
 DATE OF PLANNING FORUM:              27 September 2011


PURPOSE

This report describes the planning process for an application for use of the land for
the purpose of industry (motor repairs) on the site known as 5 Kent Street, Yarraville.

This report evaluates the application and incorporates discussion on relevant state
and local policy matters, 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:

     Use of the site for industry (motor repairs)
     Provision of four carparking spaces separate to the site within the broader
      business complex
     Provision of 20 carparking spaces within the site
     Three to four staff

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      Hours of operation – 8am to 5.30pm.

SITE AND SURROUNDS

Subject site

The subject site is located on the southern side of Kent Street, 38 metres off Hyde
Street. It is regular in shape with a frontage width of approximately 17.2 metres, and
a depth of approximately 27.2 metres resulting, in an area of approximately 467
square metres. The site is wholly built as a brick warehouse, which forms part of an
overall warehouse complex along Kent Street.

There is a vehicle crossover off Kent Street, which aligns with a large roller shutter
door, situated toward the eastern end of the frontage. Pedestrian access to the
building is via a door located toward the western end of the frontage to Kent Street.
There is also a door shown to the south (rear of the site).

The site has four associated carparking spaces that are physically separate from the
site as formally identified on the Certificate of Title. Three of these car spaces are
accessible off Campbell Street, and the other is located approximately 40 metres
further to the west on Kent Street.

The subject site is not encumbered by any easements.

Surrounding Area

The building that houses the subject site is at the northern edge of a warehouse
complex, bounded by Hyde, Stephen, Francis, and Kent Streets. This warehouse
complex lies adjacent to residential uses to the north and west, a mixed use area to
the south, and an industrial area to the east. The tenancies within the complex
include industrial, commercial, warehouse, and office uses.

The surrounding Business 3 Zone (B3Z) was historically industrial land that was
adjacent to a residential area. The zoning has been changed through policy
development to assist in the transition of this precinct to lighter industrial uses as a
buffer to the residential zone with uses that will have a minimal impact on nearby
residential amenity.

To the west is an electrical business, and the east is a gym upstairs. To the north, on
the opposite side of Kent Street, is a residential area with allotments being occupied
with single storey detached dwellings. Most of these properties have crossovers to
limited on-site parking.

There are no parking restrictions along the length of this section of Kent Street.

RESTRICTIVE COVENANTS

No covenant or restrictions have been registered on the title to this property.




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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 complies with the Victorian Charter of
Human Rights and Responsibilities Act 2006.

MARIBYRNONG PLANNING SCHEME

The State Planning Policy Framework (SPPF)

Relevant to the assessment of the current application are:

     Clause 13 – Environmental risks
           13.04 – Noise
     Clause 17 – Economic development
           Industry.

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

Relevant to the assessment of the current application are:

     21.05 – Environment and landscape values
     21.08 – Economic development.

Business 3 Zone (B3Z)

Pursuant to Clause 34.03-1 of the Maribyrnong Planning Scheme, a planning permit
is required to:

     Use the land for the purpose of industry if the land is within 30 metres of land
      (not a road) which is in a residential zone.

Development Contribution Plan Overlay (DCPO)

In accordance with the requirements of Clause 45.06 Schedule 6, the provisions of
this overlay are not applicable to this application. The provisions relate to a monetary
contribution for an increase in all net new dwelling developments.

Clause 52.06 - Carparking

Pursuant to Clause 52.06-5 Carparking - an industrial use is required to provide 2.9
carparking spaces to each 100 square metres of net floor area. The gross site area
is approximately 467 square metres, therefore there is a requirement to provide 13
carparking spaces within the site. The title has access to four carparking spaces
within the commercial complex of which the subject site is a part, thus another nine
carparking spaces are required within the site. The applicant has indicated that there


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is space for approximately 20 carparking spaces within the site. The applicant is
proposing to provide an excess of 11 carparking spaces.




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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.

12 objections including five petitions with 37 signatories have been received to the
proposal.

The grounds of objections are summarised as follows:

     Noise
     Traffic and parking.

PLANNING FORUM/CONSULTATION MEETING

A Planning Forum meeting was held on 27 September 2011, Chaired by Cr J
Cumming. The meeting was attending by Mayor Carter, Cr Sanli, Cr Lynch, Cr
Zakharov, Council officers, the applicant and five objectors.

The issues discussed at the meeting further elaborated on the grounds of objections
and no resolutions were achieved.

REFERRALS

External

The application was not referred externally pursuant to Section 55 of the Planning
and Environment Act 1987.

Internal

The application was referred internally to the following departments:

Health and Environment

No objection subject to the inclusion of a number of conditions to control noise, and
meet public health regulations.

Civil Design and Transport

Supported the application subject to conditions ensuring all parking,
loading/unloading, and motor repairs occur within the site and no heavy vehicles are
serviced or access the site.




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PLANNING OFFICER ASSESSMENT

Strategic Assessment

Broadly, the proposal is consistent with both the SPPF and LPPF. These policies
highlight the importance of industry to the economic prosperity of community as a
whole, and that industry needs to be protected from the encroachment of sensitive
uses. The appropriate use of land in buffer zones adjacent to sensitive uses, such as
the subject site, is vital in mitigating amenity impacts from heavy industry areas. The
use of the site for a service industry is considered a light industrial use, and is
consistent with the surrounding land uses.

Statutory Assessment

The key issues for consideration of the proposed application are:

      Is the use of the land for a service industry (motor repairs) consistent with the
       purpose of the B3Z?
      Are there any adverse impacts on adjoining sensitive uses?
      Is adequate carparking provided on site to cater for the proposed use?

An assessment against the above questions addresses the relevant provisions of the
Maribyrnong Planning Scheme and the objectors’ concerns.

Is the use of the land for a service industry (motor repairs) consistent with the
purpose of the B3Z?

The purpose of the B3Z is to encourage the integrated development of offices and
manufacturing industries, and associated commercial and industrial uses. The
proposed use as a service industry is consistent with this purpose. The use for
industry is an as of right use within this zone, where the site is more than 30 metres
from a sensitive use such as the residential land.

The trigger for the current planning permit application is the proximity to residential
land. The primary purpose of the current assessment is to determine the potential
impact of the proposed use on the sensitive use. The adjoining commercial uses
have raised concerns about noise, however there is an expectation that a business
operating within an industrial/commercial zone will be exposed to noise associated
with industry. Any insufficiency of the existing built form in mitigating the noise
impacts between the commercial buildings is the responsibility of the owners, tenants
and/or any body corporate that manages the adjoining buildings.

Are there any adverse impacts on adjoining sensitive uses?

The owners/occupiers of the dwellings in the Residential 1 Zone directly opposite the
site are concerned about noise emanating from the motor repairs workshop. The
origin of potential noise emanating from the workshop would be primarily power tools
and compressors. These are normal sounds within an industrial/commercial setting,
however may intrude in a residential setting.

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The two key considerations are: is there a buffer between the origin of any potential
noise and the sensitive uses; and will any noise from the use exceed the background
noise levels to an extent that is not acceptable during daytime hours.

It is considered there are sufficient buffers to mitigate the impact of the sounds of a
motor workshop at the site in the form of distance and the built form. There is a
distance of 11.2 metres between the subject site and the front (southern) boundary of
the parcels of land opposite. The dwelling at 2 Kent Street is setback a further 3.5
metres from the front boundary, producing a 14.6 metre distance buffer. The
dwelling at 4 Kent Street is setback four metres, producing a distance buffer of 15.2
metres.

The proposed position of the hoist, where the majority of motor work occurs, is
towards the south (rear) of the building to the west side, away from the front access
to the building. This would provide a further minimum distance buffer of 20 metres
from the roller door. It is noted that the built form will also mitigate sound, as the
exterior of the building is brick and there are also internal offices along the northern
wall of the building.

The hours of operation are within the “day period” as defined by State Environment
Protection Policy and during these hours there is a certain level of noise that is
expected in an urban environment. There is a motor repairs business operating from
9 Kent Street approximately 40 metres to the west of the subject site. This business
is also operating opposite a residential area, and has not generated any noise
complaints. The noise generated by the use of the site for motor repairs will be
unlikely to exceed the existing background noise in the area.

Additionally, a permit condition can be requested to ensure compliance with the
Environmental Protection Authority regulations for noise control from commercial
operations near sensitive uses.

Is adequate carparking provided on-site to cater for the proposed use?

The proposed use as a service industry requires the provision of an additional nine
carparking spaces, to provide a total of 13 for the use of the site. The applicant is
proposing that up to 20 carparking spaces are provided within the building accessed
via the roller shutter on Kent Street.

The general carparking requirement for industry is to primarily accommodate staff
carparking needs. The nature of a motor workshop is that there are fewer staff than
is normally found within an industrial setting, however given the nature of the service,
there is a need to accommodate a number of cars for repairs. There will also need to
be a loading and unloading area for waste collection and deliveries. It is considered
the provision of nine additional carparking spaces will accommodate the parking
demand and allow for a loading/unloading area. These will be included as conditions
on any planning approval.




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There is a potential risk that customers will arrive and park in the street without
knowing there are carparking spaces inside the building. To ensure that customers
effectively utilise the available carparking spaces, a condition on the any planning
approval could require that signage on the exterior of the building indicates clearly
that customer parking is located inside the building.

CONCLUSION

It is considered that the proposal meets the overall intent and objective of the SPPF
and LPPF and is consistent with the purpose of the zone. It is therefore considered
that the application should be approved.

OFFICER RECOMMENDATION
That Council issue a planning permit with conditions for use of the land for the
purpose of industry (motor workshop) at 5 Kent Street, Yarraville, subject to
the following conditions:
1.   Before the use 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)   A minimum of nine carparking spaces within the building

     b)   The internal carparking spaces and access way dimensioned to
          comply with Clause 52.06-3

     c)   An internal loading and unloading area that does not obstruct access
          to the carparking spaces

     d)   The position of the hoist and work area for all repairs

     e)   The waste storage area/s.

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

3.   The use may operate only between the hours of 8am and 6pm Monday to
     Saturday, except with the written permission of the Responsible
     Authority.

4.   The use must be managed so that the amenity of the area is not
     detrimentally affected, through the:

     a)   Transport of materials, goods or commodities to or from the land

     b)   Appearance of any building, works or materials




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     c)   Emission of noise, artificial light, vibration, smell, fumes, smoke,
          vapour, steam, soot, ash, dust, water waste, waste products, grit or
          oil

     d)   Harbourage and/or presence of vermin.

5.   No goods are permitted to be stored or left exposed outside the building
     so as to be visible from any public area.

6.   Noise levels emanating from the premises must not exceed the noise
     levels as determined by the State Environment Protection Policy (Control
     of Noise from Commerce, Industry and Trade), No. N-1.

7.   All security alarms or similar devices installed on the land must be of a
     silent type in accordance with any current standard published by
     Standards Australia International Limited, and be connected to a security
     service.

8.   Waste collection and deliveries to and from the site must only take place
     between 8am and 6pm Monday to Saturday.

9.   All vehicle repairs must take place wholly within the boundaries of the
     site.

10. No fewer than nine car spaces must be provided within the building for
    the use, including a space clearly marked for use by disabled persons.

11. No heavy vehicles are to access or be repaired at the site.

12. Provision must be made on the land for the storage and collection of
    garbage and other solid waste. This area must be screened from public
    view to the satisfaction of the Responsible Authority.

13. A suitable sign must be displayed at the entrance to the carpark
    highlighting the availability of customer carparking and must be located
    and maintained to the satisfaction of the Responsible Authority. The sign
    must not exceed 0.3 square metres.

14. The loading and unloading of goods from vehicles must only carried out
    on the land within the designated loading bay and must no disrupt he
    circulation and parking of vehicles on the land or on adjoining roads.

15. No vehicles for sale or hire must be stored or displayed on the site.

16. No panel beating, spray painting or motor repairs must be carried out on
    the land.

17. No work must be perfored on vehicles outside the building.

18. No polluted and/or sediment laden runoff is to be discharged directly or
    indirectly into Council’s drains or watercourses.

19. This permit will expire if:

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               The use has not commenced within two years of the date of this
            permit

     or
                The use is discontinued for a period of two years.

     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
    The operation of the premises must not contravene the Public Health and
     Wellbeing Act 2008.


COUNCIL RESOLUTION
That Council issue a planning permit with conditions for use of the land for the
purpose of industry (motor workshop) at 5 Kent Street, Yarraville, subject to
the following conditions:
1.   Before the use 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)     A minimum of nine carparking spaces within the building

     b)     The internal carparking spaces and access way dimensioned to
            comply with Clause 52.06-3

     c)     An internal loading and unloading area that does not obstruct access
            to the carparking spaces

     d)     The position of the hoist and work area for all repairs

     e)     The waste storage area/s.

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

3.   The use may operate only between the hours of 8am and 6pm Monday to
     Saturday, except with the written permission of the Responsible
     Authority.

4.   The use must be managed so that the amenity of the area is not
     detrimentally affected, through the:

     a)     Transport of materials, goods or commodities to or from the land

     b)     Appearance of any building, works or materials

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     c)   Emission of noise, artificial light, vibration, smell, fumes, smoke,
          vapour, steam, soot, ash, dust, water waste, waste products, grit or
          oil

     d)   Harbourage and/or presence of vermin.

5.   No goods are permitted to be stored or left exposed outside the building
     so as to be visible from any public area.

6.   Noise levels emanating from the premises must not exceed the noise
     levels as determined by the State Environment Protection Policy (Control
     of Noise from Commerce, Industry and Trade), No. N-1.

7.   All security alarms or similar devices installed on the land must be of a
     silent type in accordance with any current standard published by
     Standards Australia International Limited, and be connected to a security
     service.

8.   Waste collection and deliveries to and from the site must only take place
     between 8am and 6pm Monday to Saturday.

9.   All vehicle repairs must take place wholly within the boundaries of the
     site.

10. No fewer than nine car spaces must be provided within the building for
    the use, including a space clearly marked for use by disabled persons.

11. No heavy vehicles are to access or be repaired at the site.

12. Provision must be made on the land for the storage and collection of
    garbage and other solid waste. This area must be screened from public
    view to the satisfaction of the Responsible Authority.

13. A suitable sign must be displayed at the entrance to the carpark
    highlighting the availability of customer carparking and must be located
    and maintained to the satisfaction of the Responsible Authority. The sign
    must not exceed 0.3 square metres.

14. The loading and unloading of goods from vehicles must only carried out
    on the land within the designated loading bay and must no disrupt he
    circulation and parking of vehicles on the land or on adjoining roads.

15. No vehicles for sale or hire must be stored or displayed on the site.

16. No panel beating or spray painting must be carried out on the land.

17. No work must be performed on vehicles outside the building.

18. No polluted and/or sediment laden runoff is to be discharged directly or
    indirectly into Council’s drains or watercourses.

19. This permit will expire if:


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               The use has not commenced within two years of the date of this
            permit

     or
               The use is discontinued for a period of two years.

     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
    The operation of the premises must not contravene the Public Health and
     Wellbeing Act 2008.

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

                                                                            CARRIED


Cr Catherine Cumming declared a conflict of interest in relation to agenda item 9.1.3,
“16 Valnere Street, Maribyrnong, as a sibling resides in Valnere Street, Maribyrnong.
Cr Catherine Cumming left the meeting at 8.03pm.

Cr John Cumming declared a conflict of interest in relation to agenda item 9.1.3, “16
Valnere Street, Maribyrnong, as a sibling resides in Valnere Street, Maribyrnong. Cr
John Cumming left the meeting at 8.03pm.




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9.1.3 16 VALNERE STREET, MARIBYRNONG

File No:                           TP432/2010
Attachments:                       Site Map
Responsible Officer:               Nigel Higgins
                                   General Manager Sustainable Development
Author:                            Tricia Ronquillo
                                   Senior Urban Planner


 APPLICATION RECEIVED:               02-Sep-2010
 APPLICATION NUMBER:                 TP432/2010 (V0)
 APPLICANT:                          M7 Design Group
 SITE ADDRESS:                       16 Valnere Street, Maribyrnong
 PROPOSAL:                           Construction of two double storey dwellings on
                                     one lot
 ZONING:                             R1Z - Residential 1 Zone
 OVERLAYS:                           DCPO2 - Development Contributions Plan
                                     Overlay (Schedule 2)
 INTERNAL REFERRALS:                 Civil Design and Transport, Operations and
                                     Maintenance
 EXTERNAL REFERRALS:                 Not applicable
 COST OF DEVELOPMENT:                $500,000
 WARD:                               Ironbark
 ADVERTISED:                         Yes
 NUMBER OF OBJECTIONS:               29
 DATE OF PLANNING FORUM:             27 September 2011


PURPOSE

This report describes the planning process for the proposed construction of two
double storey dwellings on one lot at 16 Valnere Street, Maribyrnong.

The matters of concern raised by the objectors can be summarised as
neighbourhood character, parking, loss of street tree, property devaluation, negative
precedent, loss of sunset views, difficulty in waste collection, and the construction
stage.

In an attempt to respond to the objectors’ concerns, the applicant provided informal
revisions to the plans, which were discussed at a Planning Forum on 27 September
2011.

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.


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PROPOSAL

The proposal is summarised as follows:

     Demolition of all buildings on the site
     Construction of two side by side double storey dwellings
     The internal layouts of the dwellings will be mirrored; the ground floors contain
      an open study, an open-planned living area, a bedroom, a bathroom, a
      laundry, and the first floors contain two bedrooms, two bathrooms and a sitting
      area
     A single carport and a tandem second car space are provided to each dwelling
     Private open space for each dwelling adjoins the western (rear) boundary,
      accessible from a living room
     The street setbacks range from 6 metres to 6.7 metres
     New walls are proposed on the side boundaries with a maximum height of 3.6
      metres
     An overall height of 7.02 metres
     Construction materials will consist of rendered walls on the ground floor,
      weatherboard dwelling on the first floor and concrete tiles for the roof.

SITE AND SURROUNDS

Subject site

The subject site is located on the western side of Valnere Street, approximately 25
metres north of Birdwood Street and 120 metres south of Mitchell Street. It is also
known as Lot 28 on Plan of Subdivision 7944.

The site is rectangular in shape with the dimensions of 12.80 metres by 40.23 metres
and an overall area of 515 square metres. It is generally flat in topography.

There are several easements affecting the site, which are as follows:

     1.82 metre wide easement on the western (rear) boundary
     528mm wide carriageway easement on the southern boundary, extending
      18.28 metres in length from the eastern (front) boundary
     A right to a 2.5 metre wide carriageway easement situated on the adjoining
      property to the south at 18 Valnere Street, also extending 18.28 metres in
      length from the front boundary.

The site is currently occupied by a modest single storey, post-war dwelling, which
has rendered walls, a concrete tiled roof and a low front brick fence. The dwelling
has a front setback of 6 metres, with narrow side setbacks, and a large private open
space exists at the rear comprising several outbuildings and trees.




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A single crossover is provided on-site, leading to a driveway, which ends at the
dwelling’s front wall. To the north of the crossover is a 3 metre high Willow Myrtle
tree planted within the naturestrip.

Surrounding Area

The site is located in a residential area dominated by single storey, post-war and
Californian-bungalow style dwellings. However, there are incidences of recent
dwellings being built, either in the form of detached or multiple dwellings on a lot.

To the south of the site, lies 18 Valnere Street, which contains a single storey, post-
war dwelling that appears to have been recently rendered, and contains a large
single storey extension at the rear. The dwelling has a street setback of 6.9 metres,
and is provided with a single driveway abutting its northern boundary.

To the north, lies 14 Valnere Street which contains a recently built single storey brick
dwelling, which has a single garage built on its southern boundary. The dwelling has
a comparably larger footprint than surrounding older dwellings, and has a street
setback of 6.4 metres.

To the east, lie dwellings oriented towards Rosamond Road, and to the north-east of
the subject site, a two side by side double storey dwellings exist at 1/56 and 2/56
Rosamond Road.

To the west, across the street, lie modest single storey dwellings which have
weatherboard or brick materials. Most dwellings are provided with off-street parking,
accessible via a single crossover abutting a side boundary.

Valnere Street has a width of approximately 7 metres from kerb to kerb. No parking
restrictions exist.

A large warehouse, office building, and the Allara Estate which comprises of two
storey and three storey dwellings lie to the south of Birdwood Street, which are
visible from Valnere Street.

A number of corner allotments in the wider vicinity have been redeveloped and these
are evident at 50 Rosamond Road (12 metres south of the site), 19 Valnere Street
(20 metres southeast) and 2a Valnere Street (90 metres north).

RESTRICTIVE COVENANTS

Details of the restrictive covenant, Instrument of Transfer No. 1091975, are as
follows:

“…will not at any time or times hereafter quarry on the said land hereby transferred or
cart or carry away any gravel or san therefrom or make any excavations thereon
except such as may be necessary for laying the foundations of any buildings on the
said land hereby transferred…”

The application for planning permit will not result in a breach of the restrictive
covenant.

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HUMAN RIGHTS CONSIDERATION

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

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
           15.01 – Urban environment
     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:

     21.01 – Municipal strategic statement
     21.02 – Municipal profile
     21.06 – Built environment and heritage
     21.07 – Housing.

Local Policies

     22.05 – Preferred Neighbourhood Character Statements

Neighbourhood Character Statement

Council has adopted neighbourhood character statements for the whole municipality
identify the key characteristics of each precinct.




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The site falls within the Garden Suburban 2 precinct and the preferred character
statement has been identified as follows:

The cohesiveness of streetscapes brought about by consistencies in the built form
and the open, spacious qualities of streets will be maintained and strengthened.
Older dwellings that contribute to the character of the area, including those from the
Interwar and 1950s eras will be retained and complemented by newer development
that is distinguishable from original building stock. Replacement buildings will reflect
low-scale appearance of buildings and will use materials that complement those
commonly found within the precinct. New development will be sited to retain the
spaciousness of precincts through the provision of setbacks on all sides of dwellings.
Landscaping that includes the planting of new canopy trees, shrubs and lawn areas
will add to the garden settings of dwellings and provide a sense of leafiness in the
precinct. Front fences will remain low or constructed of permeable materials to retain
views to gardens.

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

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 2, 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 $450 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 Act), 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.

29 objections have been received to the proposal.




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The grounds of objections are summarised as follows:

      No two storey units in the street
      Destroys the existing character of single storey, detached, Californian
       bungalow, weatherboard dwellings, with many being retained and extended
       upon
      Permeability
      Dominance of driveways
      Safety concerns regarding additional crossover
      Existing on-street parking problems
      Increased parking demands and traffic in the street
      Difficult access to waste collection in the street due to parked cars in the street
      Loss of street tree
      Disruption to neighbours during construction process.

The following objections however are not deemed as relevant planning
considerations and do not provide a basis for rejecting the permit application or
requiring additional conditions:

      Property devaluation
      Negative precedent for future development
      Loss of sunset views.

PLANNING FORUM

A Planning Forum was held on 27 September 2011, Chaired by Cr Lynch. The
meeting was attended by Cr Zakharov, Cr Sanli, Council’s planning officers, the
landowner, and several objectors.

The issues discussed at the meeting further elaborated on the grounds of objections,
the preliminary revisions to the plans, and no resolutions were achieved.

REFERRALS

External

The application was not referred externally pursuant to Section 55 of the Act.

Internal

The application was referred internally to the following departments.

Civil Design and Transport

No objection subject to conditions relating to realigning crossovers to internal
driveways, retaining the street tree and drainage.
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Operations and Maintenance – Street Trees

No objection subject to the retention of the tree situated adjacent to a proposed
crossover of 2.7 metres wide.

PLANNING OFFICER ASSESSMENT

Strategic Assessment

The site offers an excellent opportunity for residential redevelopment, considering its
size and location within an established area beginning to experience change in the
form of medium density housing. In particular, two storey forms are emerging in the
wider vicinity in Birdwood Street and Rosamond Road, and to a larger extent, in the
Allara Estate further south of the site. Within this context, the proposal is simply
following the tide of change, and providing medium density housing which positively
responds to the existing built character.

To this end, the proposal meets all the relevant residential objectives contained
within the SPPF and LPPF of the Maribyrnong Planning Scheme, including Clauses
11, 15, 16, 21 (the MSS) and 22.05 (Preferred neighbourhood character statements).
The approval of this application will increase the supply of housing within
Maribyrnong, as well as provide for housing diversity with great access to activity
centres, public transport, schools and open space. Specifically, the site is within
walking distance to:

      Bus routes directly on Rosamond Road and Mitchell Street travelling between
       Keilor East and Footscray station, Yarraville and Highpoint Shopping Centre
      540 metres to a tram route on Gordon Street which travels between Moonee
       Ponds and Footscray
      600 metres to Maribyrnong Secondary College
      800 metres to Maribyrnong Aquatic Centre
      960 metres to Highpoint Shopping Centre.

Indeed, the site is suitably located to take advantage of existing facilities which can
be easily accessed by future occupants.

Statutory Assessment

The key issues for considerations of the proposed application are:

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


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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?

As previously mentioned, the neighbourhood is undergoing a transition towards
increased dwelling densities and double storey heights. The proposed development
follows this trend and provides for a visually interesting response, with an emphasis
on using contemporary detailing while acknowledging surrounding dwelling setbacks.

As a result of objections, the applicant has provided preliminary modifications to the
plans, which include:

     A single, colourbond pitched roof form to the first floors
     Replacement of the pitched roof forms to the ground floors with a flat roof form
     Reorient Dwelling 2’s entry to the southern (side) elevation
     Conversion of Dwelling 1’s carport into a garage
     “Squaring” off the ground floor layout at the rear from a triangular configuration
     Overall reduction of the first floor through the deletion of the sitting area
     Reduced heights of walls on boundaries to 3 metres.

It should be noted that these preliminary modifications are supported as they improve
the visual relationship with the existing neighbourhood character, and reduce the
visual bulk. In particular, the roofing change and the increased first floor setbacks
reduce the prominence of the upper floor. The dwelling entry and garage changes
make the overall development generally appear as a single dwelling from the
streetscape. Indeed, these changes are supported and will be formally incorporated
by way of a condition upon any planning approval.

The introduction of a double storey element is considered acceptable in a single
storey streetscape as per the modifications. These modifications together with the
incorporation of lightweight materials of weatherboard cladding and a colourbond
roof, reduce the impact of bulk and mass onto the immediate single storey scale.

The side by side layout of the development is also adequate as it allows each
dwelling a sense of address and minimises any impact on the immediate backyard
scape. Furthermore, the incorporation of a carport and a setback of 533mm to 1
metre wide on the southern boundary provide a sense of openness and visual relief
to the attached built form. The proposed garage on the northern boundary is
supportable given that it will abut a recently built garage (on 18 Valnere Street).
Each proposed dwelling is identifiable, accessible from the street and allocated with
onsite car parking, which is consistent with the surrounding dwelling pattern.




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It is noted that as a result of the abovementioned preliminary modifications, the
minimum street setback will be marginally non-compliant with Standard B6 (Street
setback). Based on the adjacent street setbacks, the average street setback
required for the development would be 6 metres. The modifications result in a
minimum street setback of 5.6 metres.

This non-compliance is considered minor and should be supported on the basis that
the entire front façade is well articulated with different materials and staggered
setbacks, which in most parts achieve compliance with Standard B6.

There is opportunity for landscaping throughout the site, including within the private
open spaces and front setbacks, thus complying with Standard B9 (Permeability)
having a permeability coverage of 20 per cent minimum. Indeed, a canopy tree can
be planted in the street and rear setbacks to acknowledge the surrounding “green”
character. A detailed landscape plan for the site will be required as part of permit
condition.

The design detailing of the windows selected to the front façade appear to be out of
character with surrounding window styles. This matter can be easily rectified via a
condition to require a more respectful window configuration.

Overall, the design response provided by the proposed development considers the
surrounding neighbourhood character, and satisfies the preferred neighbourhood
character statement by:

      Providing a distinguishable, yet respectful appearance to the older dwelling
       stock
      Incorporating building materials found nearby
      Featuring compliant boundary setbacks.

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

Despite the objections on parking, the proposal provides two car spaces for each
dwelling, which is in accordance with Standard B16 (Parking provision).

In assessing the access arrangements, there are two variations presented to
Standards B14 (Access) and B16 (Parking provision). Firstly, Standard B14 (Access)
stipulates that the width of accessways should not exceed 40 per cent of the street
frontage. The two crossovers take about 46 per cent of the frontage which slightly
exceeds the Standard. Despite this, the variation is suitable as each crossover is
required to enable the development to comply with the parking requirements.

On a further note, the objections have cited the removal of the street tree as an
issue. In considering this, the street tree is worthy of retention given its health and
contribution to a tree-lined street. A permit condition will be imposed to retain the
street tree, with tree protection measures in place.



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As a consequence, the proposed crossover lying to the north of the street tree will be
required to be reduced in width from 3 metres to 2.7 metres. The reduced width will
result in a coverage of 44 per cent of the street frontage, which is considered
satisfactory.

A minor variation is required to Standard B16 (Parking provision), which requires an
internal length of 6 metres for the garage and carport as the plans show the internal
dimensions less than 6 metres long. A permit condition can easily address this
variation.

Does the proposed development provide appropriate internal amenity for
residents?

The proposed development provides an excellent level of internal amenity for future
residents, with the following findings:

      The internal layouts can suit a variety of households, allowing a degree of
       functionality and flexibility
      Dwelling 1 will solely take advantage of the northerly aspect, Dwelling 2 will
       still achieve a degree of energy efficiency with good access to easterly and
       westerly aspects and all habitable rooms are provided with an openable
       window to allow for natural lighting and ventilation
      Each dwelling is provided with ground level private open space in excess of 40
       square metres in accordance with Standard B28 (Private open space). These
       private open spaces are accessible from a living area and are accessible
       towards a northerly aspect
      Designated storage is provided within the carport, garage and in the private
       open spaces
      A bin storage area will be required to be relocated from the garage and carport
       to the open setback abutting the western side of these parking areas so as to
       not to conflict with a parked car.

Are there any adverse impacts on adjoining properties?

In determining whether the proposed building form would not unduly impact on the
adjoining properties from an amenity perspective, an assessment against the
relevant standards on Clause 55 reveals compliance with the exception to the
following non-compliant aspects:

      North–facing windows
      Overlooking.

North-facing windows

There is an insignificant variation proposed to Standard B20 (North-facing windows).
The first floor component of Dwelling 2 is located to the north of existing north-facing
windows at 14 Valnere Street. According to the Standard, the first floor should be


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setback from the southern boundary by 2.3 metres, the plans only depict a setback of
1.8 metres.
The variation is acceptable and should not pose a detrimental impact to the north-
facing windows as there will be a total distance of 4.6 metres between the windows
and the proposed first floor wall.

Overlooking

Views from the proposed development will be suitably minimised in accordance with
Standard B22 (Overlooking) subject to a condition on any approval requiring a
notation to state “fixed” to the obscure glazing at 1700mm above floor level.

Objections concerns not previously addressed

In response to the grounds of objections not addressed in the above discussion, the
following comments are provided:

     Increased parking demands and traffic in the street
     Existing on-street parking problems
     Difficult access to waste collection in the street due to parked cars in the
      street.

As discussed, the proposal satisfies the parking requirements, and the issue about
existing on-street parking cannot be considered as this is not a relevant planning
issue.

     Disruption to neighbours during construction process.

This issue can be addressed with a condition on any approval requiring a
construction management plan which can provide useful general information
regarding the construction phase of the development.

CONCLUSION

It is considered that the proposal meets the overall intent and objectives of the SPPF
and LPPF, include the preferred neighbourhood character statement, and 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 two double storey dwellings on one lot at 16 Valnere Street,
Maribyrnong, subject to the following 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:

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     a)   Changes to the layouts and design of the proposed dwellings shown
          on plans, prepared by M7 Design Group and dated 17 August 2011,
          including:

          i)     A single, colourbond pitched roof form to the first floor

          ii)    A parapet or flat roof form to the ground floor

          iii)   Dwelling 2’s entry orientated to the southern elevation

          iv)    Conversion of Dwelling 1 carport to a garage

          v)     The squaring off the ground floor layout at the rear

          vi)    The first floors reduced by the deletion of the sitting area

          vii) The walls on all boundaries with a height of 3 metres

     b)   The reconfiguration of east facing windows on the first floor to
          acknowledge surrounding window detailing

     c)   The retention of the street tree along the naturestrip of the site

     d)   Deletion of the landscape strip along the northern boundary of the
          accessway

     e)   The relocation of the accessway and crossover further north with a
          maximum width of 2.7 metres for Dwelling 1

     f)   The proposed garage and carport with an internal length of 6 metres

     g)   Notation to state fixed obscure glazing at 1700mm above floor level

     h)   The waste storage area relocated to the open setback area adjacent
          to the western side of the garage and carport for both dwellings.

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.   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.




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5.   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)   Planting of a mid-canopy tree in the front and rear setbacks of each
          proposed dwelling.

6.   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.

7.   The landscaping shown on the endorsed plans must be maintained to the
     satisfaction of the Responsible Authority, including that any dead,
     diseased or damaged plants are to be replaced.

8.   Before the development starts, a Tree Protection Zone must be erected
     around the existing street tree adjacent the subject site with fencing
     materials and radius elected by Council’s Operations and Maintenance
     (Parks and Trees Team). The tree protection fence must remain in place
     until construction is completed. The ground surface of the Tree
     Protection Zone must be covered by a 100mm deep layer of mulch before
     the development starts and be watered regularly to the satisfaction of the
     Responsible Authority.

9.   No vehicular or pedestrian access, trenching or soil excavation is to occur
     within the tree protection zone without the written consent of the
     Responsible Authority. No storage or dumping of tools, equipment or
     waste is to occur within the Tree Protection Zone.

10. Prior to the issue of the Building Permit, the owner of the land must pay a
    development contribution levy of $450 based on 1 net new dwelling to the
    Maribyrnong City Council in accordance with Schedule 2 to the
    Development Contributions Plan Overlay under the Maribyrnong Planning
    Scheme.

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




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12. 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 “Construction
    Management Plan” when approved will form part of the permit and must
    be implemented to the satisfaction of the Responsible Authority. The
    CMP must address:

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

                   Management of the construction site

                   Hours of construction

                   Noise

                   Control of dust

                   Public safety

                   Traffic management

                   Discharge of any polluted water

                   Security fencing.

13. All visual screening and measures to prevent overlooking to adjoining
    properties must be erected prior to the occupation of the buildings to the
    satisfaction of the Responsible Authority.

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. The site must be drained to the satisfaction of the Responsible Authority.
    Stormwater run-off from the site must not cause any 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 storm water runoff from
    and to adjoining properties.

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

17. This permit will expire if:

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


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     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 Stormwater Discharge Permit is required from the
     Infrastructure Operations and Maintenance section.

              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 (commenced 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.

              Protection of Council’s street trees shall be in accordance with
     Council’s Street Tree Policy and Protocol.

              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.




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COUNCIL RESOLUTION
That Council issue a refusal to Grant a Planning Permit for the construction of
two double storey dwellings on one lot for land at 16 Valnere Street,
Maribyrnong on the following grounds:
1.   The proposal does not satisfy Standard B1 (Neighbourhood Character) of
     Clause 55 in the Maribyrnong Planning Scheme, as its side by side layout
     and double story form, are not appropriate response to the single storey
     streetscape.

2.   The proposed number of crossovers on the frontage exceeds the allowed
     coverage stipulated by Standard B1 (Access) of Clause 55 in the
     Maribyrnong Planning Scheme.

3.   The proposal does not satisfy Standard B31 (Design Detail) of Clause 55
     in the Maribyrnong Planning Scheme, as it presents highly contemporary
     design detail which is not sympathetic to the nearby older housing stock.

4.   The proposal fails to satisfy the preferred neighbourhood character
     statement for Garden Suburban Precinct 2.


Moved by:        Cr Sel Sanli
Seconded by:     Cr Michael Clarke

                                                                      CARRIED

Cr Catherine Cumming and Cr John Cumming returned to the meeting at 8.10pm.




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9.1.4 141 SUFFOLK STREET, WEST FOOTSCRAY

File No:                           TP207/2011
Attachments:                       Site Map
Responsible Officer:               Nigel Higgins
                                   General Manager Sustainable Development
Author:                            Jeff Owen
                                   Urban Planner


 APPLICATION RECEIVED:                03-May-2011
 APPLICATION NUMBER:                  TP207/2011 (V0)
 APPLICANT:                           Trademark Property Group
 SITE ADDRESS:                        141 Suffolk Street, West Footscray
 PROPOSAL:                            Construction of four dwellings on one lot
 ZONING:                              R1Z - Residential 1 Zone
 OVERLAYS:                            DCPO6 - Development Contributions Plan
                                      Overlay (Schedule 6)
 INTERNAL REFERRALS:                  Civil Design and Transport – Development
                                      Civil Design and Transport – Transport
                                      City Operations and Maintenance
 EXTERNAL REFERRALS:                  Not applicable
 COST OF DEVELOPMENT:                 $800,000
 WARD:                                Ironbark
 ADVERTISED:                          Yes
 NUMBER OF OBJECTIONS:                14
 DATE OF PLANNING FORUM:              27 September 2011


PURPOSE

This report describes the planning process for an application for the construction of
four dwellings on one lot at 141 Suffolk Street, West 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.

This application is the subject of an appeal at VCAT under Section 79 of the Planning
and Environment Act 1987, for failure to make a decision in the prescribed time. At
this stage, no date has been set.

PROPOSAL

The application has been made to Council for the construction of four dwellings on
one lot, with two fronting Devonshire Street and two fronting Suffolk Street.


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The dwellings fronting onto Suffolk Street are summarised as follows:

     Both dwellings contain three bedrooms and two bathrooms at first floor level
      and living, kitchen and meals areas and laundry at ground level
     Private open space is to the side and rear of the dwellings
     Two carparking spaces are provided for each dwelling comprised of a garage
      and a carparking space in front of the garage
     The proposed dwellings are setback from the front boundary by 5.5 metres,
      and setback by 1 metre to the western side boundary and will be constructed
      to the eastern side boundary
     The design of the dwellings is characterised by a single built form with
      individual hipped roof forms. The upper floor area is recessive and is setback
      from the front, side and rear boundaries
     The proposal makes use of a mixture of materials including weatherboard and
      faced brick.

The dwellings fronting onto Devonshire Street are summarised as:

     Both dwellings contain two bedrooms and a bathroom at first floor level and
      living, kitchen and meals areas and laundry at ground level
     Private open space is to the side and rear of the dwellings
     A single garage is provided for each dwelling
     The proposed dwellings have a front setback of 2 metres, and are constructed
      to both side boundaries
     The garages are setback 2.5 metres from the front boundary
     The design of the dwellings is characterised by a single built form which is
      symmetrical, mirror imaged and the design expression is contemporary flat
      roofed design
     The proposal makes use of a mixture of materials including vertical cladding,
      acrylic render, cedar lining and colourbond cladding.

SITE AND SURROUNDS

Subject site

The subject site is located on the southern side of Suffolk Street, and abuts the
northern side of Devonshire Street in West Footscray. The site is approximately 75
metres west of Brunswick Street, and 210 metres east of Ashley Street.

The site has an 18.3 metre frontage to Suffolk Street, a depth of 32.6 metres, and an
area of 596 square metres. The site is generally flat with minimal fall.




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The site is currently occupied by a single storey dwelling fronting onto Suffolk Street,
which is a post-war style dwelling with painted brick walls and tiled roof. A garage to
the rear of the dwelling is accessed via Suffolk Street. The rear of the site along
Devonshire Street has a pedestrian gate with a 1.5 metre paling fence across the
remainder of the boundary. The site contains large areas of lawn and small low
scale trees, shrubs and bushes.

Directly abutting the site to the west (145 Suffolk Street) is a post-war style single
storey dwelling setback 6.2 metres from the street, and has a setback of 1 metre from
the side boundary. A number of habitable room windows face the subject site and a
verandah and private open space is to the rear. A garage/shed with a roller door
opening onto Devonshire Street is located to the rear. Carparking for the dwelling is
via an existing crossover from Suffolk Street, and a wide driveway suitable for
parking 2 or 3 cars within the front setback area.

Directly abutting the site to the east (139 Suffolk Street) is another post war styled
dwelling, which is setback 4.8 metres from the street, and is setback from the side
boundary by 1.87 metres. A number of habitable windows face the subject site and
to the rear of the site is a carport which opens directly onto Devonshire Street.

Surrounding Area

Suffolk Street is generally characterised by single storey post war detached dwellings
with generous front setbacks, and large areas of garden surrounding the dwellings.
Side setbacks are in the range of 1 metre, and driveways are located along the side
boundary providing access to the garages. There are examples of double storey
dwellings in the street.

The Devonshire Street streetscape is characterised by rear fences and the
occasional garage with zero setbacks. Devonshire Street has no naturestrip,
carparking or footpath along the northern side.

To the south of Devonshire Street the dwellings are typically single storey detached
post-war dwellings with rear garages.

Suffolk Street runs east-west, and runs from Church Street to Ashley Street.

RESTRICTIVE COVENANTS

No covenant or restrictions have been registered on title to this property.

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 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
           11.02 – Urban growth
           11.04 – Metropolitan Melbourne
     Clause 15 – Built Environment and heritage
           15.01 – Urban environment
           15.02 – Sustainable development
     Clause 16- Housing
           16.01 – Residential development
           16.02 – Housing form
     Clause 19 – Infrastructure
           19.01 – Renewable energy
           19.03 – Development infrastructure.

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

Relevant to the assessment of the current application are:

     21.01 – Municipal strategic statement
     21.02 – Municipal profile
     21.03 – Council vision
     21.04 – Settlement
     21.06 – Built environment and heritage
     21.07 – Housing
     21.09 – Transport
     21.10 – Community and development infrastructure.

Local Policies

     22.05 – Preferred Neighbourhood Character Statements.

Neighbourhood Character Statement

Council has adopted neighbourhood character statements for the whole municipality
identify the key characteristics of each precinct.



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The site falls within the Garden Suburban 4 precinct and the preferred character
statement has been identified as:

‘The mix of architectural styles and the consistencies across the built form will be
maintained and strengthened through the provision of new development that adds to
the layers of history throughout the precinct. Older dwellings that contribute to the
character of the area, including those from the Victorian, Edwardian and Interwar
eras will be retained and complemented by newer development that is
distinguishable from original building stock. New development will respect the low-
scale nature of buildings and will provide pitched roofs and other features that
respond to the building form. Garden settings will be strengthened through new
planting that provide canopy trees, shrubs and garden beds that contribute to the
leafiness of streetscapes. Where present, front fences will maintain the openness of
streetscapes and allow views to gardens and dwellings.’

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

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 $1,350 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 Act), 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.

14 objections have been received to the proposal.

The grounds of objections are summarised as follows:

      Increase in traffic
      Inadequate on-street parking available to visitors or additional cars
      Lack of pedestrian access on Devonshire Street and safety concerns for
       residents of the Devonshire Street dwellings

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      Noise from courtyards
      The proposal does not respect existing character or comply with the preferred
       neighbourhood character statements
      Excessive density
      Loss of privacy
      Expectation of only one neighbour.

PLANNING FORUM/CONSULTATION MEETING

A Planning Forum was held on 27 September 2011, Chaired by Cr J Cumming. The
meeting was attended by Mayor Carter, Cr Sanli, Cr Lynch, and Cr Zakharov,
Council’s planning officers, the applicant, and five objectors.

The issues discussed at the meeting further elaborated on the grounds of objections
and no resolutions were achieved.

REFERRALS

External

The application was not referred externally pursuant to Section 55 of the Act.

Internal

The application was referred internally to the following departments.

Civil Design and Transport - Development

Existing infrastructure has capacity to support the proposed development.
Infrastructure requirements can be addressed via conditions of any planning
approval.

Civil Design and Transport - Transport

The proposal generally complies with Council requirements and is satisfactory
subject to amendments to the plans.

The 2.5 metre setback to garages facing Devonshire Street is considered to be
unsafe due to the temptation for cars to park in this space even on a temporary
nature. In addition to the safety issue, the garage and carparking arrangement is an
inefficient use of the land with a total of 9.54 metres needed to store a single car, and
therefore it is considered that the garages should be deleted and an alternative
carparking arrangement be shown on the plans.

City Operations and Maintenance – Street Trees

There was no concern with the removal of the street tree given that it is not a mature
tree and has no amenity significance.



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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 in an established residential area to take advantage of
existing residential amenity, services and infrastructure and therefore 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
development, which can capitalise on existing residential infrastructure.

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

Statutory Assessment

In summary, it was considered that the proposal generally complies with the
provisions of Clause 55 of the Maribyrnong Planning Scheme. The following
discussion is provided where the provisions have not already been considered.

Neighbourhood Character – Standard B1

Suffolk Street

The proposed dwellings are setback from the front boundary of Suffolk Street by 5.5
metres, which is consistent with the existing neighbourhood character. The setback
to the western boundary is one metre and is constructed to the eastern boundary,
while the setbacks to the upper floor are 1.8 metres to the western and 1.85 metres
to the eastern boundaries respectively. The bulk of the building visually presents as
boundary to boundary development and is not consistent with the prevailing
character.

The dwellings are attached and the bulk of the development is centrally located,
which presents as a single built form and is generally consistent with the prevailing
development pattern. However, the proposal is significantly bigger than the
surrounding dwellings and appears to dominate the streetscape. The reduction of
overall size of the upper floor, including increasing the front and side setbacks of the
upper floor, is considered necessary in order for the proposal to respect the
neighbourhood character. These matters can be addressed via conditions on any
planning approval.

There is concern that the changes to the design will result in the loss of articulation or
possibly mirror imaging of unit. Therefore it is recommended that a condition
requiring the design to distinguish between the dwellings be included on any planning
approval.


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The hipped roof forms and brick and weatherboard construction is considered
satisfactory and respectful of the surrounding development, as is the space available
in the front setback allocated towards landscaping.

Subject to the above changes being incorporated, the proposal will:

     Be distinguishable from original building stock
     Respect the low-scale nature of buildings
     Provide pitched roofs and other features that respond to the prevailing building
      forms
     Provide adequate space for landscaping in the front setback.

Devonshire Street

The proposed dwellings fronting onto Devonshire Street are setback from the street
by 2 metres and built from boundary to boundary. It is noted that the majority of the
northern side of Devonshire Street is represented by rear fences, garages and roller
doors which have zero lot setbacks.

Relevant to the application is Clause 21.06-1 of the MSS particularly:

     Support innovative design and architectural forms in rear laneways.

The proposal is contemporary in form and therefore is considered to be generally
consistent with this statement.

There are however some concerns with the design expression, particularly the
symmetrical form, which is inconsistent with the neighbouring dwellings where
boundaries are represented by a mixture of fence and garages, and is inconsistent
with development on the southern side of Devonshire Street. There is also concern
with the choice of materials and how those materials will be integrated with the
dwellings on the southern side of Devonshire Street. It is considered the introduction
of too many materials will detract from the streetscape.

It is considered amendments to the proposal are required in order for the proposal to
respond appropriately to the character of the area. These matters can be addressed
via conditions on any planning approval.

Given the above amendments, it is considered that the proposal is generally
consistent and respectful of the existing and preferred neighbourhood character.

Private Open Space – Standard B28

The dwellings fronting Devonshire Street have less open space than the required
standard requires. Given that the proposal complies with the minimum 25 square
metres of secluded private open space, it is considered that a variation to the
standard is satisfactory.



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Solar Access to Open Space – Standard B29

The units facing Suffolk Street have south facing open space and the dimensions do
not comply with Standard B29. However, given that the double storey walls only
partly abut the open space and each dwelling will receive good morning or afternoon
access to sunlight, it is considered that a variation to the standard is satisfactory.

Objections concerns not previously addressed

In response to the grounds of objections not addressed in the above discussion, the
following comments are provided.

Safety of Devonshire Street

The northern side of Devonshire Street does not have any carparking, a nature strip
or footpath, and this could pose a safety concern for future residents. A number of
conditions can be incorporated on any approval to attempt to address these
concerns.

It is also likely in the future, that land owners will take advantage of the dual street
frontages for new dwellings, and as such, sight lines/access will be improved via
setbacks, which potentially lead to a safer environment.

Additional noise from courtyards

It is considered that the noise generated is not likely to significantly be more or less
than normal residential uses.

Loss of privacy

The fences vary in height, particularly the fence on the eastern boundary, which is
less than 1.8 metres. This matter can be addressed via conditions on any planning
approval.

CONCLUSION

It is considered that the proposal meets the overall intent and objectives of the SPPF
and LPPF, including Clause 55 of the Maribyrnong Planning Scheme. It is therefore
considered that the application should be recommended for approval subject to
conditions.

OFFICER RECOMMENDATION/COUNCIL RESOLUTION
The Council advise the Victorian Civil and Administrative Appeals Tribunal
(VCAT), in accordance with Section 84(3), that the application has been
considered by Council where it was resolved to approve the application for
land at 141 Suffolk Street, West Footscray, to construct four dwellings on one
lot subject to the following conditions:




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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 setback of the upper floor of dwellings 1 and 2 increased by 1
            metre from the ground floor building envelope

      b)    The side setback of the upper floor of dwelling 2 increased to 2.8
            metres from the western boundary

      c)    As a result of the above amendments, design changes must be
            incorporated into dwellings 1 and 2 to maintain appropriate
            articulation and to avoid mirror imaging of the dwellings

      d)    Deletion of the garages for dwellings 3 and 4 and open carparking
            spaces which abut the front boundary provided in lieu of garages

      e)    The front setback of the upper floor of dwelling 4 to be increased
            by 1 metre from the ground floor and design materials utilised to
            avoid mirror imaging

      f)    Materials particularly cladding types for dwelling 3 and 4 limited to
            two or three different types but must include vertical cladding

      g)    The eaves between dwellings 1 and 2 at the rear reduced to ensure
            adequate daylight is provided to new windows in accordance with
            Standard B27

      h)    The fences abutting the private open space to be increased in
            height to 1.8 metres

      i)    The Dwellings 3 and 4 provided with a separate pedestrian path
            between the porch and the street edge

      j)    The removal and replacement of the existing crossover onto
            Suffolk Street, the new crossover must align with the driveway for
            Dwelling 1

      k)    A landscape plan to the satisfaction of the Responsible Authority
            (refer to condition below)

      l)    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.    Before the development starts, a landscape plan generally in accordance
      with the City of Maribyrnong Landscape Guidelines (August 2005) must

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      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.

4.    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)    A minimum of one large tree and two medium trees provided
            within the Suffolk Street front setback

      f)    A minimum of 1 medium sized tree provided in each of the four
            secluded open space areas.

5.    Before 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.

6.    Before the development starts, a fee must be paid to the Responsible
      Authority for the removal of the existing street tree(s).

7.    Vehicular crossings must be constructed and/or modified to the road to
      suit the proposed driveway(s) to the satisfaction of the Responsible
      Authority.

8.    The site must be drained to the satisfaction of the Responsible
      Authority. Stormwater run-off from the site must not cause any 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.

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

10.   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 (Operations and Maintenance section) drainage plans to the
      legal point of discharge requirements.


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11.   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.


Moved by:         Cr Sel Sanli
Seconded by:      Cr John Cumming

                                                                       CARRIED




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9.1.5 PLANNING SCHEME AMENDMENT C89 - 125 AND 129-155 FRANCIS
      STREET, YARRAVILLE

File No:                            URB-40-100
Attachments:                        Attachment 1 C89 Zone Map
                                    Attachment 2 C89 S173
                                    Attachment 3 C89 DPO15
                                    Attachment 4 C89 draft Exp Report
Responsible Officer:                Nigel Higgins
                                    General Manager Sustainable Development
Author:                             Adam Parker
                                    Acting Coordinator Strategic Planning


PURPOSE

To advise Council on the progress of a residential rezoning request for 125 Francis
Street, Yarraville, and rezoning of part of 129-155 Francis Street ,Yarraville, to public
open space, and to outline the basis for supporting the authorisation of the
amendment by the Minister for Planning, to the Maribyrnong Planning Scheme.

BACKGROUND

The rezoning will apply to four allotments: two allotments within the ownership of the
developer at 125 Francis Street, Yarraville; a Council owned lot; and Crown land
allotment at 129-155 Francis Street, Yarraville.

The 125 Francis Street site is zoned Part Industrial 3 Zone (IN3Z) and part Public
Park and Recreation Zone (PPRZ), with an area of approximately 4,590 square
metres. It comprises two lots: Lot 1, TP 326006H; and Crown Allotment HA Section
8 Parish of Cut-paw-paw.

The land at 129-155 Francis Street, Yarraville, being Council’s allotment Lot 1,
TP534477E, and Crown Allotment I Section 8 Parish of Cut-paw-paw, are directly
south of the site, and are part zoned IN3Z and PPRZ. The IN3Z portion of the two
lots (approximately 60 square metres) is contained within the fence line of 125
Francis Street, and will be rezoned to PPRZ as part of this amendment. This area
will then be reinstated back into the golf course. See Figure 1 – Site Plan.




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Figure 1 – Site Plan

The proposal

The amendment proposes to change the Maribyrnong Planning Scheme by:

     Rezoning part of the land from Industrial 3 Zone to Residential 1 Zone
     Rezoning part of the land from Industrial 3 Zone to Public Park and Recreation
      Zone
     Removing the Heritage Overlay (HO124) from part of the land
     Applying a Development Plan Overlay (DPO15) to part of the land
     Applying an Environmental Audit Overlay (EAO) to the land.

The amendment will enable the development of a medium density development of
100 dwellings, and the protection of part of the ongoing use of the golf course
(Attachment 1 – Zoning Plan).




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Site description and surrounds

The site at 125 Francis Street is an isolated industrial site, surrounded by open space
to the west (Anderson Reserve) and the Westgate Public Golf Course to the east and
south. The open space areas are collectively known as 129-155 Francis Street.
There is residential development to the north of Francis Street.

Part of 125 Francis Street is contained within the confines of the Westgate Public
Golf Course and is zoned for Public Park and Recreation, though in private
ownership.

Part of 129-155 Francis Street is contained within the fence line of the site at 125
Francis Street, though still in the ownership of Council and the Crown.

History of the site

It is understood that in 1928, 125 Francis Street was occupied for the use of a
tannery by McCall and Bennett, and from 1946 to 1960 the tannery was run by
E. Turner and Co. In 196,1 the land was taken over by K and A Laird, steel
merchants, until its closure in the early 2000’s.

Planning of the site

The current zone and overlays are described as follows:

Zone:         Part Industrial 3 Zone (INZ3)
              Part Public Park and Recreation Zone (PPRZ).

Overlay:      Development Contributions Plan (DPC6)
              Part Heritage Overlay (HO124)
              Part Special Building Overlay (SBO)
              Part Land Subject to Inundation Overlay (LSIO).

Municipal Strategic Statement

Considering the revised Municipal Strategic Statement (MSS), the redevelopment of
the site is consistent with the Housing Policy: “smaller sites across the municipality
will contribute to the supply of new housing”.

The rezoning is consistent with the Economic Development Policy, Sub-clause
Industry, as the site does not compromise the ongoing viability of core industrial
areas.

Draft Maribyrnong Housing Strategy

The site at 125 Francis Street is identified in Council’s draft Housing Strategy,
Housing Change Policy Areas – Policy Map - a “Substantial Change Area”.




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Maribyrnong Economic and Industrial Development Strategy – Industrial Land
Strategy

The site was not identified within the Strategy, nor is the site identified as a core
industrial area or an employment intensification area.

“It is acknowledged that a number of small isolated industrial parcels were not
contained within this strategy, due to their remote location from the main nine
precincts. These areas are not considered consequential to the strategy as a whole,
but their future should be considered in relation to the extent of their surrounds.
Issues including amenity, appropriate access, contamination, heritage, surrounding
uses, reuse of the site and buffer issues must be assessed before Council should
consider any spot rezoning request.”

Having considered the issues, the site is considered suitable to initiate a rezoning
request.

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.

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 rezoning of the site will supply a variety of dwellings that will provide for the
future needs of the community.

The redevelopment of the site will add to the viability of the Westgate Public Golf
Course, an important recreation asset to the community.

ENVIRONMENT

The Planning Scheme amendment shall consider and address the relevant
environmental implications of the proposal.

Ecological Sustainable Development (ESD), and public transport will be a focus in

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the design and assessment of the proposal.

The land will be remediated to ensure it is suitable for the intended use.

Appropriate urban design, amenity, and safety will be a consideration of the proposal.

ECONOMIC

The Planning Scheme amendment shall consider and address the relevant economic
implications of the proposal.

The rezoning of the site will provide benefits to the local economy through the
provision of more housing, and contributions to the building industry, local shops and
services.

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 amendment will be advertised in the form prescribed under Section 19(1) of the
Planning and Environment Act 1987 (the Act), and involve:

      Notice in the local newspaper
      Notice in the Victorian Government Gazette
      A letter to affected and surrounded property owners/occupiers
      Notice to Ministers prescribed under the Planning and Environment
       Regulations 1998
      Notice to relevant referral authorities/government agencies
      Display of exhibition material will be at the Maribyrnong Council Offices and
       the Yarraville library
      Display on the Department of Planning and Community Development’s
       website and Council’s website.

DISCUSSION

Key Planning Issues

Amenity, surrounding uses and access

The site is surrounded by sensitive uses with Anderson Reserve to the west, the
Westgate Public Golf Club to the south and east, and residential neighbourhood of
Yarraville to the north.

There has been local opposition to new industrial developments within the area, with
the main concerns being the proximity of industry and increased truck traffic,
particularly along Francis Street.

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In the vicinity of this proposal, Council has in recent times supported and facilitated
the rezoning of the Bradmill Site on Francis Street, and the Banool Avenue site off
Francis Street. It has been Council’s strategy to rezone these redundant industrial
sites for residential use, and further enhance the residential amenity of the Francis
Street corridor by minimising local truck traffic access and industrial/residential
interface issues.

Due to the site’s relative small size, isolation from other industrial areas and that it is
surrounded by sensitive uses, residential and public open space, it is clear that
residential development is the most appropriate use.

There are no industrial buffer issues affecting the site, although traffic noise will affect
the site and will be dealt with through acoustic controls.

Public open space

There is a need to protect the ongoing use of the Westgate Public Golf Club, due to
part of the golf course crossing the site.

It is intended that the land contained within the golf course and a further small portion
of land for pathway access, will be transferred to Council. A Section 173 Agreement
will be entered into by the developer prior to any adoption of the amendment, to
facilitate the land transfer at permit approval. The handover of the land will be in lieu
of the Public Open Space contribution (attached draft agreement).

The developer has expressed interest in providing public landscape improvements to
Anderson Reserve. This will be a separate arrangement to be further negotiated.

Heritage

It is proposed that the heritage overlay schedule (HO124) be removed from the site,
as the building subject to the controls has been demolished.

A demolition permit was granted by Council in 2009 after consideration of the
heritage aspects of the building, which related to internal elements that were not
evident in the post 1945 building works. These were probably demolished as part of
the redevelopment of the site in 1945. A permit was granted and an archival
photographic record was undertaken. This has been submitted to Council.

Environmental audit and contamination

An Environmental Audit Overlay will be applied to the site to ensure the appropriate
treatment of any contamination.




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A preliminary environmental analysis, dated September 2010, provides soil and
ground water assessment. The report states that subject to a number of conditions
the site can be developed for the intended residential density. Testing of the land to
be transferred to Council, and contained within the golf course, indicates that it is
suitable for ongoing use as a golf course. A further report to confirm findings will be
undertaken.

Development control

The provision of a Development Plan Overlay (DPO) will facilitate the planning for the
site. The DPO will address issues including siting, design, landscaping, social
impact, acoustic controls, traffic management, integrated transport plan, interface
with the golf course and Anderson Reserve, and a site remediation strategy. It is
expected that the proposal will result in a medium density residential development
with approximately 100 dwellings.

Amendment authorisation

Under S8A(3) and S9 of the Act, Council is required to seek the authorisation of the
Minister for Planning to prepare an amendment to the Maribyrnong Planning
Scheme. Council is a planning authority when authorised by the Minister under this
section of the Act.

Required information to accompany the request

The amendment will be assessed and prepared having regard to the Strategic
Assessment Guidelines.

The purpose of the Strategic Assessment Guidelines is to provide a consistent
framework for the evaluation of proposed Planning Scheme amendments and the
outcomes they will deliver. These guidelines were introduced into the Act of 26
August 2004, through the adoption of Ministerial Direction No. 11.

A draft Explanatory Report fulfils the Advisory Note requirements for information
which must accompany a request to the Minister for authorisation. The report has
been prepared (attachment 4).

Notice of the proposed amendment

Notice of amendment may proceed once the Minister has authorised the
amendment, and all the appropriate information is presented by the proponent.

Notice of the preparation of the amendment will be given in accordance with the Act.

Who will approve the amendment?

Section 35B of the Act allows the Minister to empower the Responsible Authority to
approve an amendment. However, in most cases, the Minister retains the authority
to approve an amendment.


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RESOURCE IMPLICATIONS

Resource requirements are in accordance with existing budgetary allocation.

CONCLUSION

The Planning Scheme amendment proposes the rezoning of the 125 Francis Street
to Residential 1 Zone, with a Development Plan Overlay and Environmental Audit
Overlay, to facilitate a medium density development, designed in keeping with its
landscaped surrounds and residential interface. It also rezones land contained within
129-155 Francis Street to Public Park and Recreation Zone, in keeping with the site’s
land ownership and intended use.

OFFICER RECOMMENDATION/COUNCIL RESOLUTION

That Council:
1.    Request the Minister for Planning to authorise Maribyrnong City Council
      to prepare and exhibit Amendment C89 to the Maribyrnong Planning
      Scheme, as detailed in Attachment 1.

2.    Notes the delegation to the Chief Executive Officer to proceed in
      accordance with Council’s Instrument of Delegation:

      a)     to make any necessary changes to the relevant documentation, in
             preparation to request the Minister for Planning to authorise the
             Maribyrnong City Council to prepare and exhibit Amendment C89
             to the Maribyrnong Planning Scheme.
      b)     to exhibit the Amendment C89 to the Maribyrnong Planning
             Scheme once Ministerial Authorisation is received.
      c)     to prepare any necessary legal agreements under Section 173 of
             the Planning and Environment Act 1987, to facilitate any specific
             planning and development outcomes and contributions.

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

                                                                           CARRIED




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9.1.6 MARIBYRNONG ECONOMIC AND INDUSTRIAL DEVELOPMENT
      STRATEGY

File No:                           BUS-20-032
Attachments:                       MEIDS - Building Future Prosperity.pdf
                                   MEIDS Part 1 - Economic Development
                                   Strategy.pdf

Responsible Officer:               Nigel Higgins
                                   General Manager Sustainable Development
Author:                            Phill Loader
                                   Economic Development Coordinator
                                   Adam Parker
                                   Acting Strategic Planning Coordinator


PURPOSE

To present Council the Maribyrnong Economic and Industrial Development Strategy
(MEIDS), including its key findings and recommendations.

BACKGROUND

The purpose of MEIDS is to:

     Develop a thorough understanding of the Maribyrnong economy and its likely
      future
     Develop strategies for a sustainable economic outlook
     Determine the future role and land use directions for the City’s key industrial
      precincts.

The MEIDS has two parts: Part 1 - Economic Development Strategy (EDS); and Part
2 - Industrial Land Strategy (ILS).

Part 1 - EDS sets a direction for the City, building on local strengths to create a
dynamic economy for the benefit of the community. The EDS has informed the ILS,
by providing understanding of the current and future economic conditions facing the
municipality that affect employment and industrial development.

Part 2 – An ILS will be developed to set the direction for Maribyrnong’s industrial-
related employment precincts, ensuring sufficient land is retained for the continuing
growth of the economy, while enabling the redevelopment and improvement
opportunities.

The MEIDS was jointly funded by Council and the State Government.



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POLICY CONTEXT

     Council Plan 2009 -2013

COUNCIL PLAN

Prosperity

We will facilitate and advocate for better access to education, housing, health,
employment and cultural services for all residents so they have every opportunity to
reach their full potential.

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
The MEIDS will provide long term economic and industrial development opportunities
for the prosperity of the Maribyrnong community.

ENVIRONMENT
Not applicable.

ECONOMIC
The MEIDS will provide direction and recommendations for the long term economic
and industrial development viability for Maribyrnong.

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 for the MEIDS was focussed on a broad spectrum of stakeholders with
an interest in Maribyrnong’s industrial precincts and local economy. It involved
community forums, face-to-face meetings and telephone interviews.

The consultation included major local business owners, land owners and tenants,
significant land developers, real estate agents, infrastructure and utility providers,
service providers, job network agencies, and State Government agencies including
the Department of Business and Innovation (DBI), Department Planning and
Community Development (DPCD), Department of Transport (DoT), Department of
Sustainability and Environment (DSE), Environment Protection Authority (EPA), Port

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of Melbourne Corporation (PoMC), Worksafe Victoria, and the surrounding councils -
Brimbank, Hobsons Bay, Moonee Valley, and Melbourne.

The consultation phase has used the information gathered and opinions sought to
help formulate the both the EDS and ILS.

DISCUSSION

PART 1 - EDS

The role of the EDS is to identify core economic activities, support local industries,
and attract new development that will secure Maribyrnong’s economic prosperity.
The EDS is based on a partnership approach to economic development that
recognises the role of stakeholders such as Victoria University, Western Hospital, the
PoMC and the State Government.

The City of Maribyrnong has a diversified economy with 5,391 businesses (Australian
Bureau of Statistics, 2007) producing a gross regional product estimated at $4.1
billion for 2008/2009. This represents approximately 1.8 per cent of the metropolitan
economy. The municipality’s economy has had an estimated 9.1 per cent average
annual growth rate.

Maribyrnong’s economy had limited exposure to the sectors most impacted by the
Global Financial Crisis (property, construction, professional business services,
finance and insurance). Despite recent job losses in the manufacturing sector,
Maribyrnong remains a net employment destination.

Over 24,000 people travel into the City of Maribyrnong for employment every day,
counter-balanced by over 23,000 (over 80 per cent of the resident workforce),
travelling out to work elsewhere, with a key destination being the Melbourne Central
Business District (CBD).

Maribyrnong’s comparative strengths include health care and social assistance,
transport, postal and warehousing, wholesale and retail trade. Local sectors with the
highest value added per employee include commercial services, construction and
wholesale trade. While numerically significant, retail trade generates a comparative
low value per employee.

Maribyrnong has a number of strategic assets based on location, geography and
existing industry characteristics, including:

     Proximity to import/export structure
     Existing manufacturing strength
     Proximity to major education providers
     Accessibility of local skill pool
     Western Hospital
     Proximity to CBD
     Footscray Central Activities Area


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     Highpoint Shopping Centre.

The analysis identified growing industry sectors where Maribyrnong has a
competitive advantage (those sectors located in the current strength/high growth
area), which make natural industry targets for economic and industrial development.

From the analysis of competitive advantages and the economic assessment, the
opportunities for future growth have been identified. These opportunities include:

     Logistics and wholesale trade
     Professional services
     Health care and social services
     Food and beverage manufacturing
     Culture and the arts.

EDS Vision

“The City of Maribyrnong is a leader in urban economic transition and renewal,
embracing its industrial past whilst creating vibrant and successful urban places with
excellent business opportunities and meaningful employment.”

To deliver the vision, the EDS is prioritised with specific actions recommended under
each of the core activities. The delivery framework is based on an approach that
builds on incremental increases over the implementation period. The five step
framework consists of:

     Regulating development
     Assisting and retaining business
     Marketing and attracting investment
     Workforce development
     Advocacy.

Actions identified in the EDS include:

     Ensuring adequate supply of land for employment to support sustainable
      growth
     Providing access to business expansion and retention programs
     Placemaking in activity centres and industrial areas
     Marketing Maribyrnong
     Business development programs
     Facilitating investment
     Identifying skills shortages and advocating for training
     Providing advice to stakeholders regarding the local economic environment


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     Advocating on behalf of Council for economic development.

PART 2 - ILS

In response to the findings and recommendations of the EDS, the development of the
ILS will set the future direction for the City’s nine industrial precincts.

Maribyrnong has 532 hectares of land zoned for industrial use, with only 5.5 per cent
of land undeveloped. The nine precincts represented under this study total 496
hectares of land, including 472 hectares of industrial purpose land. The remaining
land is contained in residential, retail or commercial uses. Building footprints cover
48.1 per cent of the land area in the nine precincts. It is estimated that these nine
precincts employ more than 10,000 people, with an employment density of 16.8
employees per hectare occupied.

The retention of industrial land is important to ensure the City maintains a strong
employment base. The study asserts that the City’s industrial land is used for
activities that would be better described as “Industrial Related Employment” activities,
as Maribyrnong’s industrial economy has shifted to value adding manufacturing,
warehousing and service industries.

Initial stakeholder consultation and survey work has found a number of constraints to
development in Maribyrnong:

     Limited undeveloped sites
     General amenity and poor infrastructure, parking issues, and underutilised
      building stock
     Development complexity, with proximity to residential areas, contaminated
      land and heritage considerations
     Operational issues, including access and environmental considerations
     Economic feasibility, with inflated land prices and holding costs.

As part of the MEIDS, the land will be categorised, and a vision for Maribyrnong’s
industrial areas will be released.

The preparation of a Planning Scheme amendment to incorporate MEIDS will ensure
the documents are alignment with Council’s Municipal Strategic Statement (MSS)
and will give MEIDS the statutory status required, to put into effect the
recommendations. It will also provide an opportunity for further consultation with land
owners, the wider community and the development industry, through an appropriate
statutory process.

The outcomes of this work will aim to provide for stable employment land supply,
reduced vacancy rates, improved sale values and rents, increased investment,
increased employment per hectare, reduced complaints about the condition of
industrial areas, and increased public transport usage to and from work.




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RESOURCE IMPLICATIONS

There are no current resources allocated. Further projects will be considered as part
of Council’s annual budgetary process.

CONCLUSION

The MEIDS has examined the key issues facing the future economic and industrial
development of the municipality. The recommendations provide Council with a plan
to maintain appropriate levels of industrial land for employment related uses and to
promote a sustainable economic future for the community.

OFFICER RECOMMENDATION/COUNCIL RESOLUTION
That Council:
1.    Adopt MEIDS Part 1 – Economic Development Strategy.

2.    Note MEIDS Part 2 – Industrial Development Strategy, will be the subject
      to a further report to Council, regarding its incorporation into the
      Maribyrnong Planning Scheme.


Moved by:         Cr Sel Sanli
Seconded by:      Cr John Cumming

                                                                           CARRIED




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9.1.7 PLANNING FOR FOOTSCRAY

Attachments:                       Draft Footscray Masterplan
                                   Railway Reserve Concept Plan
Responsible Officer:               Nigel Higgins
                                   General Manager Sustainable Development
Authors:                           Matt Slavin
                                   Manager City Design and Place Making
                                   Jules Griffith
                                   Coordinator Strategic Planning


PURPOSE

To advise Council on the planning for Footscray, including the:

     Draft Footscray Masterplan
     Draft Joseph Road Precinct Urban Framework Plan
     Community engagement strategy for Footscray place-related projects.


The report recommends Council endorse community consultation in November 2011.

BACKGROUND

A draft Footscray Masterplan has been developed in response to the need for a
vision for Footscray. While much recent work has been done to outline land use and
built form vision for the Footscray Central Activities Area (FCAA), there has been a
need to develop a similar vision for the public realm and community infrastructure
areas.

The Masterplan seeks to illustrate a future Footscray by integrating the key findings
of open space, greening, parking, community infrastructure assessments and
planning strategies, to derive an integrated renewal proposition for the centre.

Footscray serves an important metropolitan role in accommodating an increasing
resident, worker, and visitor population. Following the Footscray Masterplan, a more
detailed structure plan will be developed, providing planning guidance for new
development activity. This growth and development will be complemented by quality
streets and spaces, community facilities, recreation opportunities to ensure residents
and visitors enjoy a highly liveable Footscray.

A draft Joseph Road Precinct Urban Framework Plan is being prepared, to assist the
redevelopment of this precinct to a vibrant mixed use precinct.




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Objectives of the revised Urban Framework Plan are:

     To create a new sense of place and identity for the Joseph Road Precinct (the
      Precinct)
     To ensure the Precinct layout is functional and maximises the development
      potential of the land
     To provide high quality public places and open spaces that provide a focus
      activity in the Precinct
     To provide improved pedestrian amenity and ‘greening’ of the Precinct - within
      the Precinct and along Hopkins Street
     To provide improved riverside open space and recreational opportunities, and
      create an active river frontage
     To provide improved pedestrian access and connectivity between the river,
      nearby public open spaces, Footscray Station, the core retail in Footscray and
      nearby residential development.

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.

SUSTAINABILITY IMPLICATIONS

COMMUNITY

These major projects will improve the liveability for Footscray residents, workers and
visitors. The projects are intent on delivering a centre which will focus heavily on
sustainable transport options, a reduction in through traffic, providing additional
community infrastructure, new open space and play opportunities, re-engaging with
the river, supporting the Festival City concept and providing a green centre.

ENVIRONMENT

Upon effective implementation, people will be living, working and recreating in close
proximity, therefore reducing the need for motorised trips and supporting more
sustainable modes of travel.

ECONOMIC

Each of the projects will include an implementation plan. The timing and detail of
these will vary between projects but they will present a well considered series of
actions and projects that can be considered within the Council budget process for
implementation over time.




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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.

CONSULTATION

This report proposes that a range of specific Footscray projects will form part of a
series of public engagement sessions in November 2011.

The Footscray Community Infrastructure Plan, the Railway Reserve Concept Plan,
the Footscray Masterplan, and the Joseph Road Precinct Urban Framework Plan, will
form the content of this public engagement.

Council has been working with the Department of Planning and Community
Development (DPCD) on a Community Infrastructure Plan for Footscray. This
strategy forms a critical component of the Masterplan and forms part of the
consultation material on a broader range of Footscray related projects.

A Concept Plan for Railway Reserve has been developed and it is timely to engage
with the community on this project.

DISCUSSION

Footscray Masterplan

The Masterplan presents a series of propositions under three core themes. These
are: Connected, Appealing and Thriving. This aligns with three of the six key themes
of the Council Plan: Moving Around the City; Amenity; and Prosperity. This
alignment ensures the propositions contained in the Masterplan are consistent with
the areas of Council’s established service delivery.

Footscray is a place of discovery and a place to go in search of. The Masterplan will
support this place of discovery by:

      Establishing a new Town Park in Paisley Street and plaza spaces in Byron
       Street and the Joseph Road Precinct
      Improving existing open spaces, focusing on the Maribyrnong River, Footscray
       Park and Railway Reserve (McNab Avenue)
      Intense greening of the centre as well as the key boulevards of Old Geelong
       Road and Ballarat Road, key streets which connect to the River and the rail
       corridor
      Establishing new play spaces in local streets including Paisley, Byron and
       Cowper Streets and along the River
      Locating key community facilities in the centre, including a community hub in
       Paisley Street, an early years hub in Hyde Street, and an integrated arts
       facility alongside Maddern Square
      Reducing through traffic and creating a walkable centre by recalibrating street
       infrastructure to generate a bias towards pedestrians

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     Down-scaling Moore Street as a freight route
     Advocating for a series of leading bus stops (as a form of bus interchange) in
      Irving and Paisley Streets
     Advocating for improvement of tram route 82, plus the extension of tram lines
      along Hopkins Street into Dynon Road, to connect with North Melbourne
     Identifying future redevelopment opportunities of Council land.

The community engagement strategy for the Masterplan, the Community
Infrastructure Plan and Railway Reserve, will be undertaken as outlined below.

Meetings with Directors from key State Government departments and agencies
including:

     For the Footscray Masterplan and Community Infrastructure Plan; DPCD,
      Department of Transport, VicRoads, VicTrack, Parks Victoria, Melbourne
      Water, Regional Rail Link Authority (RLL) and Port of Melbourne Corporation
     In addition, the Footscray Community Infrastructure Plan will also engage with
      the Department of Health, Department of Human Services, Department of
      Education and Early Childhood Development, Department of Business and
      Innovation, Department of Justice, Sport and Recreation Victoria and Regional
      Development Victoria.

With regard to community engagement, the key four projects will be presented at the
following locations/events, from early to mid November 2011:

1.    Footscray Library

2.    Footscray Community Arts Centre

3.    Council Offices - invited guests, such as Footscray Police, Schools, Health
      Agencies etc

4.    Footscray One Stop Shop – permanent installation in the shop’s meeting room
      during the consultation period

5.    Phoenix Youth Centre

6.    Maribyrnong RSL

7.    Disability Advisory Committee

8.    Heritage Advisory Committee.

Promotional material will include information in community languages.




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Joseph Road Precinct Urban Framework Plan

The vision for the Joseph Road Precinct has significantly transformed since the
Minister for Planning rezoned the Precinct in 2008, to the Priority Development Zone.
Although little activity has occurred in the past three years, the Precinct has drawn
interest from major private sector developers, VicUrban and the DPCD. Council has
an opportunity to capture this momentum and ensure a shared vision is developed
which can be supported by Council and the State Government, and incorporated into
the Maribyrnong Planning Scheme.
With a high degree of resolution around the impacts of the RRL to the north, and the
long term future of the spur rail line to the east, this new plan seeks to create a new,
shared vision which:

      Strategically locates taller buildings in locations which maintain good solar
       access and create high quality public places and spaces
      Reconnects the City to the Maribyrnong River, with the opportunity for an
       active street life of cafes, restaurants, parks and plazas and waterway
       activities
      Creates new links between the future Joseph Road Precinct community and
       the existing residential and commercial areas in Footscray through a
       bike/pedestrian bridge across the railway, a redesigned Hopkins Street, and a
       strong link through the Precinct down to the river
      Develops updated planning controls to deliver planning certainty to the
       Precinct and an opportunity to capture developer contributions to ensure an
       equitable contribution from all stakeholders.

The Footscray Renewal Partnership will consult on the plan with land owners and
occupiers in the Joseph Road Precinct in November 2011. During this period,
residents north (Railway Place) and south (Hopkins Street) of the Precinct will be
provided with information about the project. As outlined above, further engagement
with the community will occur in November 2011 as part of the wider consultation
program for the Footscray Masterplan project.

RESOURCE IMPLICATIONS

Current resource requirements are in accordance with existing budgetary allocation.
Detailed implementation plans for all projects will be developed and all projects will
be subject to future budgetary considerations and funding mechanisms.

CONCLUSION

The public engagement sessions will demonstrate an integrated approach to the
planning and development of Footscray.

It is considered the projects are at a stage where community comment will be
beneficial and necessary in the finalisation of these strategies.



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OFFICER RECOMMENDATION/COUNCIL RESOLUTION
That Council:
1     Endorse the draft Footscray Masterplan, and the Railway Reserve
      Concept Plan, for community consultation in November 2011.

2     Following community consultation on the Footscray Masterplan, and the
      Railway Reserve Concept Plan, note that a further report be presented to
      Council on the outcome.


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

                                                                    CARRIED




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9.1.8 DRAFT STREET FURNITURE AND DISPLAY GUIDELINES, AND STREET
      TRADING GUIDELINES

File No:                            URB-08-178
Attachments:                        Draft On Street Furniture and Display Code
                                    Draft Street Trading Guidelines
Responsible Officer:                Nigel Higgins
                                    General Manager Sustainable Development
Author:                             Simon McCuskey
                                    Place Manager Footscray


PURPOSE

For Council to consider the draft Street Furniture and Display Guidelines, the draft
Street Trading Guidelines (the draft Guidelines), for endorsement for community
consultation.

BACKGROUND

Street Furniture and Display Guidelines

The current Commercial Street Furniture Guidelines is not an endorsed policy of
Council. Over time, elements of private furniture have appeared throughout the
public realm, such as glass screens, heaters and canvass frames, without a
consistent decision making framework for Council and the community.

It is intended that these new guidelines and policy provide direction to all traders,
owners, Council and businesses about how, why and where private furniture can be
located within Maribyrnong retail centres.

Street Trading Guidelines

A problem arising in the Footscray Central Activities Area (FCAA) recently is
face-to-face street trading, in particular telephone companies asking shoppers on
footpaths, or in Nicholson Street Mall, if they are interested in cheap telephone calls.
Council has no information or policy guidance on this form of trading. In response,
draft Street Trading Guidelines have been prepared, whereby traders and
businesses are aware of their obligations of face-to-face sales within their own
business/property and the public realm.

POLICY CONTEXT

The draft Street Furniture and Display Code has been informed by the following
policy documents and key pieces of legislation:

      (re)visioning Footscray (2005)
      Maribyrnong City Council Carbon Neutral Action Plan (2009)

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     Maribyrnong City Council Annual Community Survey (2010, 2011)
     Footscray Draft Community Infrastructure Plan (2011)
     West Footscray Urban Design Framework (2008)
     Central West (Braybrook) Access and Urban Design Study (2009)
     Seddon Urban Design Framework (2005)
     Maribynong City Council Disability Policy and Action Plan (2007-2012)
     Yarraville Urban Design Framework (2006)
     Commonwealth of Australia - Disability Discrimination Act (1992).

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

BUSINESS CONTINUITY

Council will provide sound business continuity management processes to minimise
the impacts of any disruptions to Council’s many and varied operations.

SUSTAINABILITY IMPLICATIONS

COMMUNITY

Not applicable.

ENVIRONMENT

Reducing our carbon footprint associated with phasing out outdoor heaters in outdoor
dining areas.

ECONOMIC

Encouraging our business and retail communities to have outdoor trading and display
areas if viable.

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 draft Guidelines were circulated to trader associations within the municipality,
coupled with information in the Footscray newsletter, and local paper advertisements,
during August 2011. One comment was received, recommending Council lift

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standards in the type and design of street furniture displayed on footpaths, ban
outdoor heaters for risk and environmental reasons, and ensure any furniture does
not compromise public safety and access.
The Footscray Traders Association (FTA) verbally advised it welcomed Council’s
review and updating of these Guidelines, but did not provide further detail. A
submission from the FTA, other trader associations, and other key stakeholders will
be sought if the draft Guidelines are placed on exhibition for community consultation.

DISCUSSION

Street Furniture and Display Code

The key policy differences between the current set of guidelines and the proposed
Street Furniture and Display Guidelines are:

      Design standards and benchmarks. No plastic outdoor/beach furniture and
       umbrellas will be considered
      Setbacks to protect access to all pieces of public infrastructure, such as
       bollards, bus stops, utility pits
      Financial incentives to comply with permit conditions and standards. A 10 per
       cent fee rebate if there are no enforcement issues after year one, then 15 per
       cent after year three and onwards
      Prohibiting gas heaters, in accordance with Council’s Carbon Neutral Action
       Plan
      No fixed furniture. No structure can be permanent, like glass screens and
       metallic poles. Screens have the ability to be permanently located in their
       correct position, but need to be detachable at any given point in time, for
       emergency, access and cleansing purposes
      Commitment to process applications in 10 working days, subject to all
       information being lodged.

Street Trading Guidelines

No current policy or guideline exists for this form of trading. In brief, the Guidelines
will be achieving two objectives:

1.     Encouraging business owners and tenants to conduct face to face sales within
       their own property/shop boundary without needing any planning permit

2.     For a business/organisation wishing to trade on the footpath or in the public
       realm, a trading permit can be sought from Council. The application cost will
       be free, but a $5 fee per day to trade in the public space should a permit be
       issued. These fees will be waived for not-for-profit charities, associations and
       organisations.

The criteria Council will take into account prior to issuing a permit is as follows:

Is there an over-saturation of trading permits issued in the one area/location?



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While Council will always support any businesses or organisations having the
opportunity to trade on-street, a balance needs to be struck between supporting
economic activity, versus shoppers and pedestrians not being deterred from visiting
the centre because of frequent disruptions by sellers on the street.
Is the activity occurring in front of an essential public space?

A footpath is a public space and can not compromise public activity. Trading can not
disrupt areas of high pedestrian movement and activity, block emergency services
and thoroughfares, or spaces where the public can congregate, such as public
transport stops and public seating.

Is the activity in the commercial interests of the centre, or in the public interest?

Trading associated with tobacco, alcohol, gambling, or explicit material will not be
considered by Council and is strictly prohibited.

Has there been previous complaints or issues associated with the person and/or
business conducting the activity?

Ensuring the applicant has had a good track record of complying with previous
trading permits will be taken into account.

Both documents are in text format and are in the process of being converted into
brochures and documents which are suitable for public exhibition. It is proposed that
a copy of the draft Guidelines be made available at all public libraries, on Council’s
internet site, the One Stop Shop in Footscray, plus a copy forwarded to all traders
associations within the City of Maribyrnong for a period of one month. It is then
proposed that the document be revised and amended, to consider all feedback
received and presented back to Council for adoption at its first Ordinary Meeting in
2012.

RESOURCE IMPLICATIONS

Resource requirements are in accordance with existing budgetary allocation.

CONCLUSION

Both the draft Street Furniture and Display Guidelines, and the draft Street Trading
Guidelines, are designed to assist Council to work with the trader community, to
create greater opportunities for business and to enhance perceptions of safety,
access, and amenity for the community within the public realm.

Cr Michael Clarke left the meeting at 8.50pm and returned at 8.52pm.

Cr Sel Sanli left the meeting at 8.53pm and returned at 8.55pm.

OFFICER RECOMMENDATION/COUNCIL RESOLUTION
That Council endorse the draft Street Furniture and Display Guidelines, and the
draft Street Trading Guidelines, for community consultation.



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

                                                                          CARRIED

9.1.9 URBAN PLANNING STATUS REPORT - SEPTEMBER 2011

File No:                           18102011
Attachments:                       Graphs September 2011
                                   List of Planning Applications September 2011
Responsible Officer:               Nigel Higgins
                                   General Manager Sustainable Development
Author:                            Jodi Whitehurst
                                   Personal Assistant to General Manager
                                   Sustainable Development


PURPOSE

For Council to note pending appeals, and delegate decisions, which are attached.

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


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


Moved by:         Cr John Cumming
Seconded by:      Cr Sel Sanli

                                                                          CARRIED




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9.2   COMMUNITY WELLBEING

9.2.1 GENDER EQUITY PUBLIC STATEMENTS: PREVENTING VIOLENCE
      AGAINST WOMEN

Responsible Officer:                Arden Joseph
                                    General Manager Community Wellbeing
Author:                             Kate Waters
                                    Acting Coordinator Safer Communities and
                                    Health Promotion


PURPOSE

For Council to consider the gender equity formal public statement.

The intent of the formal statement is to publically demonstrate, and reflect, the
community’s and Council’s aspirations for a community where violence against
women no longer exists, and where gender equity flourishes.

BACKGROUND

At the Ordinary Council meeting on 21 September 2010, Council resolved:

“That, in line with Council’s Respect and Equity: Preventing Violence Against Women
Project, Council receive a report in December 2010 on options where Council may
publicly acknowledge its aspirations and raise community awareness to prevent
violence against women, promote respectful relationships between men and women
and promote gender equity.”

At the Ordinary Council Meeting on 14 December 2010, Council endorsed the
proposal to develop a suite of public statements. This proposal included hosting
community meetings, with the purpose of identifying issues and experiences of
violence, and identifying and developing key gender violence prevention messages
and communication strategies.

Role of Local Government

Council has a long standing commitment and is a leader in addressing violence
against women. The VicHealth funded, Respect and Equity: Preventing Violence
Against Women Project (concluding in August 2011) has cemented Council as a
leader in this field, and has provided a platform and culture for which to continue the
work in relation to the prevention of violence against women.

Local governments are visible and accessible to the community, and Council has a
profound ability to lead and influence cultural change and positively engage people in
the community to create safe, equitable and inclusive public spaces. While it is
known that violence against women occurs in the private sphere (in the home),



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Council has a key role in influencing the public realm, and creating a culture of
gender equity, which in turn will influence and flow into the private realm.

It is the gender stereotypes, unequal power relationships between men and women,
and broader cultures of violence in the public realm which fuel violence in the private
realm. When men and women have respectful relationships, where the role of
women and men is celebrated and valued equally in the public realm, there will
ultimately be a reduction in the incidence of violence in the home.

Council is working towards this through initiatives such as lightening upgrades, the
installation of the Footscray Public Safety CCTV system, and festivals and events.
These initiatives assist in women feeling safer, and in turn, encourages their use of
public spaces.

Evidence Base

While there is no one single cause, the evidence suggests that action to prevent
violence against women is best guided by three interrelated themes that directly
respond to the key determinants:

      Promoting equal and respectful relationships between women and men
      Promoting non-violent social norms
      Promoting equitable access to the social and material resources available to
       individuals, communities and organisations, and societies

The draft public statements focus on these determinants, namely gender equity,
through the promotion of equal and respectful relationships.

Violence against women is serious, prevalent and preventable:

      A woman is killed in Australia almost every week by a partner or ex-partner
      Nearly one in five women have experienced sexual assault in their lifetime
      More than one in three (34 per cent) Australian women, have experienced
       violence from a partner or ex-partner
      In Victoria, intimate partner violence is the leading contributor of death,
       disability and ill health for women aged between 15-44 years.

POLICY CONTEXT

      Maribyrnong Respect and Equity Project: Preventing Violence Against Women
       Project Plan 2008-2011

The aim of this project is to create a community in which women are able to live free
from violence and fear of violence.




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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.

      Promote environments that support the health and wellbeing of the community

STRATEGIC RESOURCE PLAN

Not applicable.

SUSTAINABILITY IMPLICATIONS

COMMUNITY

A primary objective of the Maribyrnong Respect and Equity Project is to develop
integrated local government public and organisational culture to prevent violence
against women. This is being achieved by using a ‘whole of council’ approach to
create and sustainably embed individual and organisational connection to violence
prevention efforts across all departments of Council. The effect of an organisation
wide commitment means the communities Council regularly works with are positively
enhanced as a result of this multi-faceted integrated approach to violence prevention.

ENVIRONMENT

Not applicable.

ECONOMIC

Violence against women cost Victoria $3.4 billion in 2009. According to a KPMG
report, if ignored, this figure will increase to $3.9 billion by 2021. Preventing the
experience of violence for just one Australian woman would mean avoiding over
$20,766 in costs to the Victorian economy.


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

Two community consultation sessions were held on 4 May 2011 – a breakfast
session, and an evening session, to ensure a broad range of community
representatives were able to attend.




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As outlined in the State Government Plan - A Right to Respect: Victoria’s Plan to
Prevent Violence against Women 2010-2020, a number of key settings have been
identified as being effective in prevention.




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These include:

      Education and training
      Local government, health and community services
      Sports and recreation
      Workplaces
      Media, arts and popular cultures.

As such, local representatives from each setting were invited to attend one of the
community consultation sessions. Eighteen people attended the breakfast session
and 14 attended the evening session. Based on the outcomes of these sessions, a
number of statements were drafted – including the formal statement - and possible
avenues for dissemination identified.

An online survey was then developed to test the statements and dissemination
methods. It was circulated broadly via existing networks, social media and word of
mouth. A total of 146 people completed the on-line survey. The survey results have
informed the formal statement and will continue to inform the development of a suite
of statements.

DISCUSSION

The purpose of the formal statement (and the subsequent suite of statements) is to
publicly demonstrate Council’s commitment to a gender equitable community through
promoting awareness and cultural change and, in turn, the prevention of violence
against women.

Consultation Session Feedback

From the consultation sessions, it was clearly articulated that:

      There should be an umbrella statement (the formal statement), with multiple
       statements underneath it (currently being developed)
      The suite of statements should complement each other and be used in
       different settings and be displayed in a variety of formats
      The statements should reflect the community’s diversity - in culture, age and
       lifestyle
      The statements should be aspirational, but should also be simple, inclusive,
       empowering, positive and achievable by all.

Community representatives felt the messages should be disseminated widely, in a
range of settings, using a variety of means such as:

      Councillor speeches (formal statement)
      Council’s website and mail-outs


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     Media advocacy
     Gate markers and street signs
     Poster and signs in sporting clubs
     Stencilled on the footpath, sporting fields or in schools
     Coffee cups and stress balls
     Fleet vehicles
     Coasters in bar and pubs.

Based on the outcomes of the consultation sessions and the online survey, the
formal statement has been developed and suite of additional statements are currently
being developed and will be presented to Council for consideration in December.

Online Survey Feedback

The response and interest in the public statements was overwhelming, with many
statements receiving 50 comments or more. Strong community interest in the public
statements clearly shows a need and readiness to put a difficult topic, such as
violence against women and gender inequity, into the public arena. Overall:

     The community were extremely supportive of the statements and had strong
      views on many of them
     Council’s intent was applauded however the community urged Council to
      ensure the messaging was right
     It was suggested that the messages be strong and direct, as opposed to
      passive messaging
     The community raised some concerns in relation to men being alienated,
      however the suite of messaging and the tailoring to settings, will assist in
      ensuring this is not the case.


Community feedback was often varied – what one person loved, another did not.
However, this acknowledges the community diversity and demonstrates the need for
a suite of public statements, targeting different people and settings.

Formal Public Statement

The original intention of this project was to develop a statement that could be used in
relevant Council speeches and/or Council meetings (a similar idea to the Welcome to
Country). As described above, the community were supportive of a formal, umbrella
public statement, however they identified the need for a suite of statements that sit
below the formal statement. These are currently being developed and will be
presented to Council for consideration in December.




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The following formal statement has been drafted and tested with the community, and
is recommended for Council consideration:

‘We the people of Maribyrnong declare our commitment to a community where
opportunities for success are equally available to women and men; where our
mothers, daughters and sisters live free from the cycle of violence; where their
thoughts, ideas and opinions are heard and respected and their choices and goals in
life celebrated and supported’.

In addition to using this statement in relevant Council speeches and/or at Council
meetings, the community have suggested it could be used on Council’s website,
Council
mail-outs, Council’s on hold message, in media advocacy, a pull up banner and on
Council policies and plans.

A refined version of the statement could also be used as required.

Launch of the Statements

The White Ribbon Day Campaign is held between 25 November and 5 December
each year. Council has held several internal and community events in past years.
Council will again hold a community event in November, where it is intended to
officially launch the formal statement.

The remaining suite of statements will continue to be refined, designed and
produced, with an official launch on International Women’s Day – 8 March 2012. The
final suite of draft statements will be presented to Council in December 2011 for
consideration.

RESOURCE IMPLICATIONS

Council has resourced the design and production of the messages and
subsequent resources, until June 30 2012. After June 30 2012, there are no current
resources allocated, this will need to be considered as part of the next budgetary
process.

CONCLUSION

Violence against women is serious, prevalent and preventable. As the arm of
government closest to the community, Council is ideally placed to lead and influence
cultural change and engage the community in issues such as the prevention of
violence against women. This unique and innovative project demonstrates Council’s
leadership in this area, and will support and add value to Council’s current and future
work.

The formal statement aims to facilitate culture change, raise awareness, and promote
a gender equitable community – where violence against women no longer exist. The
formal statement may be used in Council speeches, at Council meetings, on
Council’s website, on Council mail-outs, Council’s on hold message, in media
advocacy, banners and on Council policies and plans.

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OFFICER RECOMMENDATION/COUNCIL RESOLUTION
That Council:
1.   Adopt the formal statement in relation to the prevention of violence
     against women, as follows:

     a)   We the people of Maribyrnong, declare our commitment to a
          community where opportunities for success are equally available to
          women and men; where our mothers, daughters and sisters live free
          from the cycle of violence; where their thoughts, ideas and opinions
          are heard and respected and their choices and goals in life
          celebrated and supported.

2.   Endorse the use of the formal statement in relation to the prevention of
     violence against women, in relevant Council publications, public meetings
     and publicity.

3.   Note that the suite of statements in relation to the prevention of violence
     against women currently being developed, will be presented to Council to
     consider at the Ordinary Council Meeting on 15 December 2011.

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

                                                                       CARRIED




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9.3   CORPORATE SERVICES

9.3.1 ADOPTION OF ANNUAL REPORT 2010-2011

File No:                            FIN-30-007
Responsible Officer:                Stephen Wall
                                    General Manager Corporate Services
Author:                             Bryan Stone
                                    Manager Finance
                                   Mary Ciliak
                                   Corporate Planning and Performance Co-
ordinator


PURPOSE

For Council to consider the Maribyrnong City Council Annual Report 2010/2011,
including a Report of Operations, Audited Standard Statements, Financial
Statements and a Performance Statement.

BACKGROUND

Sections 131 and 134 of the Local Government Act 1989 (the Act), require that all
councils prepare, and meet, to consider an Annual Report for each financial year.

Copies of the Annual Report and the Auditor’s Report are available at Council offices
and on Council’s website for inspection. The Act also requires that Council forward a
copy of the Annual Report to the Minister for Local Government by 30 September
each year. A copy of this Annual Report was forwarded to the Minister by the due
date.

POLICY CONTEXT

Consideration of this report is in accordance with the Act.

COUNCIL PLAN

ORGANISATIONAL PERFORMANCE

We will develop an organisation that is valued and trusted, and facilitate its growth
and development to ensure Council is continually positioned to respond to the
challenges of providing a best practice service to our diverse community.

STRATEGIC RESOURCE PLAN

FINANCIAL PLANNING

A key component of Strategic Resource Plan is the Long-Term Financial Plan (the
Plan). Council has prepared the Plan for 2011/2012 to 2014/2015, that is reviewed
annually as part of Council’s ongoing financial planning. The Plan takes the strategic
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objectives and strategies as specified in the Council Plan, and expresses them in
financial terms.

SUSTAINABILITY IMPLICATIONS

COMMUNITY

Not applicable.

ENVIRONMENT

Not applicable.

ECONOMIC

Council’s Annual Report provides the community with information on Council’s end-
of-year financial performance.

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 Annual Report 2010/2011 was prepared in close consultation with relevant
Council departments.

DISCUSSION

Report of Operations

The report of operations must be prepared in accordance with section 131 of the Act.

Information prescribed by the Act includes (but is not limited to) a report on the
strategies and actions identified in the Council Plan (2010/2011 Annual Action Plan),
major policy initiatives, major capital works, and changes to the organisation and
governance of Council.

Additionally, there is a requirement for information to be provided in relation to the
organisational structure, services, management functions, statutory information and
application of best value principles in the planning and operational activities of
Council.

The Council Plan 2009-2013 was developed in 2009. In each year of the Council
Plan, an Annual Action Plan is developed, which sets out the activities for achieving
the six key commitment areas:

      Building Community Spirit, Engagement and Places
      Prosperity
      Moving Around the City


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     Amenity
     Environmental Sustainability
     Organisational Performance.

In 2010/2011, the Annual Action Plan contained 119 actions. Progress on these
actions has been reported to Council, via the corporate performance reporting
system, on a quarterly basis. In summary, 96 per cent of all the actions were either
fully completed (78 per cent), or substantially completed (18 per cent), for 2010/2011.
The actions not fully completed (4 per cent) were due to a number of reasons,
including risk factors, lack of resources, and external funding.

The Annual Report details a comprehensive range of Council’s achievements for
2010/2011. Major highlights include:

     Extended library hours at three libraries (Yarraville, West Footscray and
      Maribyrnong)
     Established Older Persons Reference Group
     Developed leadership and participation opportunities for young people
     Promoted the Australian Indigenous collection held at libraries
     Facilitated the ‘Urban Signs’ graffiti arts project with young people
     Established the Arts and Cultural Advisory Committee
     Integrated health and wellbeing into core Council policies, strategies and
      actions
     Implemented the Maribyrnong Respect and Equity: Preventing Violence
      Against Women project
     Reviewed and updated the Stony Creek Directions Plan
     Developed a draft Heritage Interpretation Strategy
     Developed proactive maintenance program for Council parks, sporting
      grounds and playgrounds
     Promoted training opportunities for local businesses
     Developed the Maribyrnong Festival Policy
     Developed a draft Responsible Gambling Policy
     Completed the Walking Plan for the City
     Continued to work with VicRoads to monitor and enforce compliance of truck
      restrictions
     Developed an integrated Rooming House Assessment Protocol and Risk
      Management Plan
     Completed the redevelopment of the Clare Court Children’s Centre, Yarraville
     Held environmental forums and expos targeting culturally and linguistically
      diverse communities
     Implemented the Greening Footscray Street Trees Policy

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      Developed a Regional Risk Assessment and Response Plan, in partnership
       with neighboring councils
      Reported regularly on organisational performance measures and progress on
       the Council Plan Annual Actions 2010/2011
      Completed Best Value Service Review Pilot program, as part Council’s
       Continuous Improvement Program
      Developed a new software module to monitor compliance with the rooming
       house legislation, to minimise health and safety risks to the community.

All activities are directly linked to Council’s key commitment areas, and strategic
objectives. Completion of these actions is critical to Council’s success in the
achievement of its vision for the community.

Financial Statements

Council’s end-of-year result indicates a $6.862 million operating surplus resulting
from operations for the 2010/2011 financial year. The net result for the reporting
period represents accrual accounting treatments, which includes depreciation, but
excludes expenditure on capital items, loan repayments and transfers to and from
reserves.

The main components of the $6.862 million result are:

      Unspent grants
      Projects not completed
      Transfers to reserves.

The total equity of the Council as at 30 June 2011 was $796,698 million. This
increase is the result of the $6.862 million comprehensive result for the year.

Council’s provisions for employee benefits amounts to $11.650 million; and reserves
for the Mausoleum Trust of $552,000; developer contributions of $4.655 million;
Major Program Reserve of $10.719 million; and Public Safety Trust of $400,000. All
reserves and provisions are fully funded.

Capital Works and Improvement Plan

During the year Council undertook an ambitious Capital and Improvement Program
of $19.5 million, with $16.4 million funded from rates. The program was made up of
125 individual projects. 109, or 87 per cent, of these projects were completed during
the financial year.

It is anticipated that the following major projects carried forward from the 2010/2011
financial year, will be completed during the 2011/2012 financial year.

The following major projects will be completed during the 2011/2012 financial year.

      Leeds Street

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      Railway Reserve
      Maribyrnong Aquatic Centre Change Rooms
      Bunbury Street
      Clare Court.

Auditor-General’s Reports

The Auditor-General provides an independent opinion on Council’s Standard,
Financial and Performance Statements. This opinion is contained in the Annual
Report.

The Auditor-General has issued an unqualified audit report on Council’s Standard,
Financial and Performance Statements.

RESOURCE IMPLICATIONS

Council’s year-end result for 2010/2011 is a surplus of $6.862 million.

CONCLUSION

The Annual Report is the key accountability document for Council. The report
provides information on the achievements against the Council Plan 2010/2011
Annual Action Plan, and a summary of key projects and initiatives of Council.

Following the completion of the financial audit, and the issuing of the audit report by
the Auditor-General, the Maribyrnong City Council Annual Report 2010/2011 is
presented for Council’s consideration.

OFFICER RECOMMENDATION/COUNCIL RESOLUTION

That Council:
1.     Receives and notes that Maribyrnong City Council Annual Report
       2010/2011.
2.     Pursuant to S131 (10) of the Local Government Act 1989, gives public
       notice that the Maribyrnong City Council Annual Report 2010/2011 has
       been prepared and can be inspected at Council Offices and on Council’s
       website.


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

                                                                              CARRIED




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9.3.2 2011 ANNUAL COMMUNITY SURVEY - SUMMARY RESULTS

File No:                           CDV-08-013
Attachment:                        Annual Community Survey Executive Summary
                                   pdf
Responsible Officer:               Stephen Wall
                                   General Manager Corporate Services
Author:                            Mary Ciliak
                                   Coordinator Corporate Planning and
                                   Performance


PURPOSE

To present the key results from the City of Maribyrnong 2011 Annual Community
Survey.

BACKGROUND

This is the eighth Maribyrnong City Council – 2011 Annual Community Survey (the
Survey) conducted by Metropolis Research Pty Ltd on behalf of Council, the first
survey was completed in 2004.

The Survey was designed to provide Council with a wide range of information
covering community satisfaction, community sentiment and community involvement.
It provides a focus on Council’s core services and facilities, as well as providing
additional information about community issues and expectations.

The Survey meets the requirements of the Local Government Act 1989, by providing
importance and satisfaction ratings for the major Council services and facilities, as
well as satisfaction scores with Council overall.

POLICY CONTEXT

COMMUNITY ENGAGEMENT FRAMEWORK

Council’s Community Engagement Framework outlines a commitment to actively
engage the community in the decision-making activities of Council, particularly in
decisions that directly impact on how citizens live, recreate, work, study, use services
and do business.

The Community Engagement Framework states that Council will be accountable to
its community through community consultation and participation for the management
of its resources, assets, and expenditure.




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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 proactive engagement and
community participation in civic life.

Organisational Performance

We will develop an organisation that is valued and trusted, and facilitate its growth
and development to ensure Council is continually positioned to respond to the
challenges of providing a best practice service to our diverse community.

SUSTAINABILITY IMPLICATIONS

COMMUNITY

The Annual Community Survey enables Council to better plan to meet the long-term
environmental, economic, wellbeing and cultural needs of the community.

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

The 2011 Survey (conducted during July and August) involved face-to-face
interviews with 800 randomly selected households across the municipality. The
interviews were conducted by trained interviewers, with language assistance
provided to residents with low English proficiency. In total, 41.2 per cent of the
respondents were from non-English speaking backgrounds – this compares to 37.2
per cent in 2010.

DISCUSSION

A total of 4,294 households were approached by staff of Metropolis Research Pty Ltd
for the 2011 survey. Of these households, 2,552 were unattended, 1,057 declined to
participate and 800 completed surveys.

This provides a response rate of 43.1 per cent, which is a good response rate for
surveys of this length and complexity.

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A high response rate to the Survey suggests that a large proportion of the community
in the municipality is interested in issues relating to the Council, and is willing to take
some time to provide meaningful feedback to Council.

While key questions in the survey remain the same each year to allow for
comparative data, a portion of the survey is modified to reflect emerging issues or
areas of interest.

In 2011, questions were included relating to the following: housing related financial
stress, cost of living, use of on-line services, reasons for choosing to live in
Maribyrnong and transport related questions. These questions were included to
provide additional insight into issues and topics of interest in meeting Council’s
current and future policy priorities.

Snapshot of findings

Overall satisfaction with Council’s performance

The community’s level of satisfaction with Council’s overall performance was rated at
an average of 6.22 out of a potential 10. This is a slight decline from 2010 score of
6.43.

The graph below shows Council’s overall performance score over the last eight
years.




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Governance and leadership

The level of trust has increased from last year, as show in the graph below:




Respondents were asked to rate their satisfaction with selected aspects of Council’s
governance and leadership. The graph below show the survey results.




Satisfaction with Council’s performance in meeting its responsibilities towards the
environment (7.00) was rated significantly higher than satisfaction with Council’s
overall performance (6.22).




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Issues for Council to address

The five most commonly identified issues by respondents to the Survey included:
safety, policing and crime (33.2 per cent), traffic management (28.6 per cent), car
parking (16.3 per cent), road maintenance and repairs (11.3 per cent) and street
cleaning and maintenance (9.1 per cent).

Satisfaction with Council services

The following table provides an overview of the satisfaction level with each of the
services and facilities included in the Survey.

 ‘Excellent’ Satisfaction Scores             ‘Very Good/Good’ Satisfaction Scores
(above 7.5)                                  (between 6.5 – 7.75)

      Weekly garbage collection                    Sports ovals
      Regular recycling                            Services for children
                   Local library                   Services for seniors
      Green waste collection                       Community Centres
                                                    Maribyrnong Aquatic Centre
                                                    Hard rubbish collection
                                                    Services for youth
                                                    Council’s Internet site
                                                    Provision and maintenance of
                                                     parks and gardens
                                                    On and off road bike paths
                                                    Animal management
                                                    Provision and maintenance of
                                                     street lighting

‘Solid’ Satisfaction Scores                  ‘Poor’ Satisfaction Scores
(between 6 – 6.5)                            (below 6)

      Maintenance and cleaning of                  Parking enforcement
       shopping strips                              Public toilets
      Drains maintenance and repairs               Maintenance and cleaning of
      Road maintenance and repairs                  Footscray CBD
      Community Update Packs
      Street sweeping
      Litter collection in public areas
      Traffic management
      Maribyrnong News
      Provision and maintenance of
       street trees
      Promoting local economic
       development
      Council advertising in local papers
      Footpath maintenance and repairs

                                       Page 99
ORDINARY COUNCIL MEETING MINUTES                                       18 OCTOBER 2011




CONCLUSION

The Survey continues to provide valuable information to Council. It provides strong
trend data over an eight year period. The data will provide all sections of Council
with a better understanding of the attitudes, satisfaction levels, issues and changes
facing the City of Maribyrnong. This increased knowledge will provide a good basis
for program and service planning, as well as assisting Council to prioritise projects
and allocate budgets.

The Survey also meets the requirements of the Local Government Victoria (LGV)
annual community survey program.

OFFICER RECOMMENDATION/COUNCIL RESOLUTION
That Council:

1.   Note the results of the 2011 City of Maribyrnong Annual Community
     Survey.

2.   Submit the overall satisfaction scores of the City of Maribyrnong Annual
     Community Survey to the Department of Planning and Community
     Development to meet its reporting requirements.

3.   Make the results of the 2011 City of Maribyrnong Annual Community
     Survey (Executive Summary) publicly available on Council’s website.


Moved by:          Cr John Cumming
Seconded by:       Cr Sel Sanli

                                                                            CARRIED




                                      Page 100
ORDINARY COUNCIL MEETING MINUTES                                         18 OCTOBER 2011




9.3.3 COUNCILLOR SUPPORT EXPENSES JULY - SEPTEMBER 2011

File No:                            CR001
Attachments:                        July11 September11 pdf
Responsible Officer:                Stephen Wall
                                    General Manager Corporate Services
Author:                             Annthea Lindsay
                                    Council Relations Officer


PURPOSE

To provide Council with a summary of Councillor support expenses for July to
September 2011.

BACKGROUND

As part of Council’s commitment to open and transparent governance, Council’s
Councillor Support and Expenses Policy 2011 requires details of Councillors’
expenses to be reported to an Ordinary Council Meeting on a quarterly basis, and be
made available on Council’s website.

POLICY CONTEXT

This matter is governed by the Councillor Support and Expenses Policy 2011, and
the Local Government Act 1989.

COUNCIL PLAN

Organisational Performance

We will develop an organisation that is valued and trusted, and facilitate its growth
and development to ensure Council is continually positioned to respond to the
challenges of providing a best practice service to our diverse community.

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

Not applicable.


                                       Page 101
ORDINARY COUNCIL MEETING MINUTES                                        18 OCTOBER 2011




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

Not applicable.

DISCUSSION

Councillors are provided with a laptop, email and internet connection, facsimile and
mobile phone, for the duration of their term of office. This equipment remains the
property of the Council, and is for Council business use.

In carrying out their civic and statutory functions, Councillors are required to attend
both statutory committee and sector based meetings, attend seminars, functions and
other information meetings, in order to keep informed of issues facing the
municipality, their wards and local government in general.

Details of Councillor support expenses in relation to the following support items, are
reported to Council on a quarterly basis:

     Child/family care
     Conferences/seminars/training events
     Memberships
     Mobile phone use
     Photocopy use
     Travel.

Details of Councillor support expenses for July to September 2011, are attached.
Please note: mobile phone expenses for August and September 2011 are yet to be
received, and will be reported in the next quarterly report.

RESOURCE IMPLICATIONS

All reported expenses comply with the Councillor Support and Expenses Policy 2011.




                                      Page 102
ORDINARY COUNCIL MEETING MINUTES                                   18 OCTOBER 2011



CONCLUSION

The reporting of Councillor support expenses demonstrates Council’s commitment to
open and transparent governance.

OFFICER RECOMMENDATION
That Council:
1.   Note the Councillor Support Expenses July to September 2011 report.

2.   Make the Councillor Support Expenses July to September 2011, available
     on Council’s website for the current Council term.



COUNCIL RESOLUTION
That Council:
1.   Note the amended Councillor Support Expenses July to September 2011
     report.

2.   Make the amended Councillor Support Expenses July to September 2011
     report, available on Council’s website for the current Council term.


Moved by:        Cr John Cumming
Seconded by:     Cr Sel Sanli

                                                                       CARRIED




                                    Page 103
ORDINARY COUNCIL MEETING MINUTES                                           18 OCTOBER 2011




9.3.4 DELEGATES REPORT 14 SEPTEMBER TO 11 OCTOBER 2011

File No:                             CR001
Attachments:                         Delegates Report 14 September to 11 October
                                     2011.pdf
Responsible Officer:                 Stephen Wall
                                     General Manager Corporate Services
Author:                              Annthea Lindsay
                                     Council Relations Officer


PURPOSE

To receive Councillor delegates’ reports for the period 14 September to 11 October
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 delegates to report back to the full Council on issues arising from
committees they are appointed to.

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 104
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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
14 September to 11 October 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
14 September to 11 October 2011.

Moved by:          Cr Sel Sanli
Seconded by:       Cr Michael Clarke

                                                                            CARRIED




                                       Page 105
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9.3.5 ASSEMBLY OF COUNCILLORS SEPTEMBER/OCTOBER 2011

File No:                            CR001
Attachments:                        Disability Advisory Committee 14 September 2011
                                    doc
                                    Planning Forum 27 September 2011.docx
                                    Briefing 4 October 2011.doc
                                    Special Briefing 11 October 2011 doc
Responsible Officer:                Stephen Wall
                                    General Manager Corporate Services
Author:                             Gavin Attard
                                    Governance Officer


PURPOSE

For Council to note records of assemblies of Councillors for September/October
2011.

BACKGROUND

In accordance with Section 80A of the Local Government Act 1989, written
assemblies of Councillors are to be reported at an Ordinary Council Meeting.

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.

OFFICER RECOMMENDATION/COUNCIL RESOLUTION
That Council note the written records of assemblies of Councillors for
September/October 2011.

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

                                       Page 106
ORDINARY COUNCIL MEETING MINUTES                                          18 OCTOBER 2011



                                                                               CARRIED

9.4    INFRASTRUCTURE SERVICES

9.4.1 MARIBYRNONG INTEGRATED TRANSPORT STRATEGY

File No:                            TRT-01-008
Attachment:                         MITS Draft for Consultation October 2011.pdf
Responsible Officer:                Ian Butterworth
                                    General Manager Infrastructure and
                                    Engineering
Author:                             Kristen Bell
                                    Transport Planner


PURPOSE

To endorse the draft Maribyrnong Integrated Transport Strategy (MITS) for
consultation.

BACKGROUND

The current MITS was adopted by Council in 2001. Council, together with
consultants UrbanTrans, have reviewed the existing MITS and prepared a new draft
MITS. This is a long-term plan that will help guide the development of Maribyrnong’s
transport system over the next 10+ years – emphasising sustainable transport
solutions in response to growth within and outside of Maribyrnong. The long-term
plan considers all the transport, parking, access and mobility elements that affect the
municipality.

POLICY CONTEXT

      Maribyrnong Integrated Transport Strategy 2001

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.

Moving Around The City

We will plan, implement, manage and advocate for transport and parking systems for
the City that enable people to get around and arrive safely at their destination, with a
positive impact on community wellbeing and the environment.

STRATEGIC RESOURCE PLAN

Not applicable.


                                       Page 107
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SUSTAINABILITY IMPLICATIONS

The ability to move around Maribyrnong is an important part of community life.
Access by all people to sustainable forms of transport is critical for the development
of a liveable and well connected Maribyrnong community. Additionally, the
movement of goods around the City is a fundamental requirement for economic
sustainability. MITS attempts to balance the competing needs relating to transport
and promote a more sustainable approach to moving people and goods.

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

Previous consultation to inform the preparation of the MITS is detailed in the
discussion below. It is intended that, if Council endorses the draft MITS for
community consultation , it will be exhibited for one month. Subject to timing, it is
proposed that the consultation for MITS be held concurrently with the consultation for
the Northern Maribyrnong Integrated Transport Strategy (NMITS).

It is intended that two community information sessions will be held, and community
members will also be able to make written submissions. Participants in the earlier
consultation will receive direct notification of the draft MITS consultation period.

DISCUSSION

Consultants, UrbanTrans, were appointed in March 2011 to review the existing MITS
and prepare a new integrated transport strategy to guide Council’s transport policy
and investment for the next 10 years.

UrbanTrans have met with a range of internal and external stakeholders, including
Council staff, government departments and agencies, traders associations,
transport-related lobby groups, and associations and major institutions and
businesses within the City of Maribyrnong. A community workshop session was also
held, which was attended by residents from across the municipality.

The information gained through this initial consultation, together with a review of
Council and government policies and strategies and technical analysis, was used to
inform the preparation of the draft MITS.

The draft MITS covers the following matters:

     Land use and development
     Walking
     Cycling
     Public transport

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      Congestion management
      Parking
      Freight
      Major projects
      Behaviour change
      Geographical areas
      Implementation plan.

In addition to the full MITS attached, a summary document is also being prepared for
consultation that will highlight the proposed actions.

It is also noted that the prioritisation tables contained within the Implementation Plan
will be completed with the assistance of the feedback received in this next stage of
community consultation.

RESOURCE IMPLICATIONS

Resource requirements are in accordance with existing budgetary allocation.

CONCLUSION

The draft MITS updates Council’s Transport policy and provides a framework for
decision-making and advocacy for the next ten years.

OFFICER RECOMMENDATION/COUNCIL RESOLUTION
That Council endorse the draft Maribyrnong Integrated Transport Strategy for
community consultation.


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

                                                                              CARRIED




                                       Page 109
ORDINARY COUNCIL MEETING MINUTES                                        18 OCTOBER 2011




9.4.2 TRUCK CURFEW MANAGEMENT- TRAFFIC MONITORING - OCTOBER
      2011 UPDATE

File No:                           25/76/185
Responsible Officer:               Ian Butterworth
                                   General Manager Infrastructure and
                                   Engineering
Author:                            Malcolm McDonald
                                   Acting Manager Civil Design and Transport


PURPOSE

To provide the results of the annual March 2011 traffic counts undertaken by Council
and VicRoads, to monitor truck traffic following the introduction of the Francis Street
truck curfews in 2002.

BACKGROUND

Night-time and weekend truck curfews were introduced in Somerville Road (between
Geelong Road and Hyde Street) on 1 May 2001, and in Francis Street (between
Whitehall Street and Cemetery Road) on 4 April 2002. The curfews apply to trucks
exceeding 4.5 tonnes gross vehicle mass and operate between 8pm and 6am,
Monday to Saturday, and 1pm Saturday to 6am Monday. The curfews do not apply to
trucks travelling to local destinations and having business in the local area.

In order to monitor the effects of the Francis Street curfew, traffic counts have been
undertaken by VicRoads before March 2002, and after July 2002 (and each March
annually since March 2004). Counts are also taken in Simcock Avenue, Hudsons
Road and North Road, in the City of Hobsons Bay.

The curfews are enforced by VicRoads Transport Safety Service (TSS) officers, who
work with the transport industry to encourage increasing levels of compliance over
time.

VicRoads has undertaken traffic counts at the following sites:

      Buckley Street, between Geelong Road and Hyde Street
      Somerville Road, east of Williamstown Road
      Williamstown Road, south of Francis Street
      Francis Street, east of Williamstown Road
      Francis Street, west of Williamstown Road
      Melbourne Road, south of Westgate Freeway.




                                       Page 110
ORDINARY COUNCIL MEETING MINUTES                                       18 OCTOBER 2011




Council has undertaken the traffic counts at the following sites:
      Moore Street, between Hopkins Street and Ballarat Road
      Somerville Road, west of Williamstown Road
      Williamstown Road, north of Somerville Road
      Williamstown Road, south of Somerville Road.

POLICY CONTEXT

      Council Plan 2009 – 2013

COUNCIL PLAN

Moving Around The City

Council will plan, implement, manage and advocate for transport and parking
systems for the City that enable people to get around and arrive safely at their
destination, with a positive impact on community wellbeing and the environment.

STRATEGIC RESOURCE PLAN

ASSET / COMMUNITY INFRASTRUCTURE MANAGEMENT

Council is responsible for the Corporate Asset Management Framework and the
development of asset policies, strategies, processes and systems.

SUSTAINABILITY IMPLICATIONS

COMMUNITY

Sustainable solutions to the management of the movement of freight is an
increasingly prominent issue for the community and longer term viable alternatives
must be sought using routes that do not have such a direct impact on the community

ENVIRONMENT

A considerable environmental challenge is evident due to the substantial increases in
freight volumes predicted over the next 15 to 20 years. Strategic transport solutions
must be sought to lessen these environmental demands.

ECONOMIC

The movement of freight has a close link to successful economic development and
viable solutions need to be found to address the challenges in the next 15 to 20
years.

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.


                                       Page 111
ORDINARY COUNCIL MEETING MINUTES                                      18 OCTOBER 2011




CONSULTATION

Community consultation and liaison with industry was required as part of the
application to VicRoads to introduce the curfews for Francis Street and Somerville
Road, in 2001. The Truck Operations Committee evaluates both the pros and cons
raised by the community and interested parties, to any proposal that creates changes
to the use of heavy commercial vehicles using resdiential streets, and any
subsequential effect on the arterial or local road network.

DISCUSSION

The following results are now available for the March 2011 round of counts.

AVERAGE WEEKDAY CURFEW TRAFFIC
ROAD                   ALL                              TRUCKS
                       VEHICLES
                           MAR         MAR      MAR       MAR      MAR        MAR
                           2002        2010     2011      2002     2010       2011
Francis Street east of        18,495 19,038    20,387      5,757   4,565      4,887
Williamstown Road
% change from 02       9 year trend       3%     10%                -21%      -15%
% change 10 to 11      12 month trend             7%                            7%
Francis Street west             9,347 12,028   13,185      2,297   2,354      2,620
of Williamstown
Road
% change from 02       9 year trend     29%      41%                  3%       14%
% change 10 to 11      12 month trend            10%                           11%
Williamstown Road             38,121 41,912    40,980      6,977   4,919      4,865
south of Francis
Street
% change from 02       9 year trend     10%       8%                -29%      -30%
% change 10 to 11      12 month trend             2%                            -1%
Williamstown Road             24,194 25,214    24,131      1,451   2,016      2,121
b/n Francis Street
and Somerville Road
% change from 02       9 year trend      -3%    -<1%                 39%       46%
% change 10 to 11      12 month trend             -4%                           5%
Williamstown Road             20,944 20,631    20,005      1,257   1,621      1,516
north of Somerville
Road
% change from 02       9 year trend      -2%      -5%                29%       21%
% change 10 to 11      12 month trend             -3%                           -7%
Buckley Street east           20,577 23,444    22,121      2,112   2,853      2,287
of Victoria Street
% change from 02       9 year trend     14%       8%                 35%        8%
% change 10 to 11      12 month trend             5%                          -20%
Somerville Road               11,319 12,833    12,454      1,551   1,947      2,187
east of Williamstown
Road

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ORDINARY COUNCIL MEETING MINUTES                                     18 OCTOBER 2011



% change from 02        9 year trend       13%      10%            26%      41%
% change 10 to 11       12 month trend               3%                     12%
Somerville Road b/n           11,847     12,297   12,191   1,303   2,168   2,271
Williamstown and
Geelong Roads
% change from 02        9 year trend        4%       -1%           66%      74%
% change 10 to 11       12 month trend                2%                     5%
Hyde Street south of          12,375     14,499   13,953   1,400   1,632   1,589
Francis Street
% change from 02        9 year trend       17%      13%            17%      14%
% change 10 to 11       12 month trend               -4%                     3%
Moore Street north of         20,809     23,330   23,371   1,020   2,233   2,462
Hopkins Street
% change from 02        9 year trend       12%      12%            119% 141%
% change 10 to 11       12 month trend              <1%                  10%

AVERAGE WEEKNIGHT CURFEW TRAFFIC (8PM–6AM)

ROAD                   ALL                          TRUCKS
                       VEHICLES
                       MAR            MAR    MAR    MAR      MAR MAR
                       2002           2010   2011   2002     2010 2011
Francis Street east of          2,699  2,592  2,836      931    482   503
Williamstown Road
% change from 02       9 year trend      -4%     5%           -48% -46%
% change 10 to 11      12 month trend            9%                   4%
Francis Street west               912    834   1063      199     41    31
of Williamstown
Road
% change from 02       9 year trend      -8%   17%            -80% -84%
% change 10 to 11      12 month trend          28%                  -24%
Williamstown Road               5,793  6,668  6,330      868    629   559
south of Francis
Street
% change from 02       9 year trend       9%    -9%           -28% -36%
% change 10 to 11      12 month trend           -5%                 -11%
Buckley Street east             2,924  3,825  3,715      226    547   369
of Victoria Street
% change from 02       9 year trend     31%    27%           142%    63%
% change 10 to 11      12 month trend            3%                 -32%
Somerville Road east            1,257  1,421  1,303       29     31    40
of Williamstown
Road
% change from 02       9 year trend     13%      4%             7%   38%
% change 10 to 11      12 month trend            9%                  30%
Hyde Street south of            1,756  1,787  1,789      377    448   448
Francis Street
% change from 02       9 year trend       2%     2%            19%   19%
% change 10 to 11      12 month trend          <1%                    0%
Moore Street north of           3,566  4,327  4,381      110    479   522

                                         Page 113
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Hopkins Street
% change from 02        9 year trend      21%       23%               336% 374%
% change 10 to 11       12 month trend              1%                      9%


Emerging Trends:

   Regarding overall traffic volumes in the 12 month period to March 2011, most
    roads have had either moderate growth or a minor drop in numbers, apart from
    Francis Street, which has seen higher growth - from 7 per cent in the east, and 10
    per cent in the west, from Williamstown Road

   Total truck volumes have increased in the last twelve months by 3 per cent to 12
    per cent, apart from Williamstown Road south of Francis Street - which recorded
    a very small 1 per cent drop, the northern part of Williamstown Road - which
    recorded a 7 per cent drop and Buckley Street - which recorded a 20 per cent
    drop. There does not appear to be a specific reason for the drop in either
    Williamstown Road or Buckley Street, regarding overall truck numbers

   As recorded in previous years, the truck curfew in Francis Street has resulted in a
    substantial reduction in trucks during curfew hours, but the effect is not so
    noticeable in Somerville Road (noting the overall truck numbers in Somerville
    Road are only small in comparison to Francis Street in the curfew hours)

   In the busiest part of Francis Street, east of Williamstown Road, traffic numbers
    have risen by 10 per cent in the overall daily figures in the nine years from 2002
    to 2011, however the truck numbers have dropped by 15 per cent. The higher
    number of B-Double vehicles may account for the larger volumes of freight that
    would be carried over that period

   Buckley Street has had a substantial decrease (32 per cent) in truck traffic during
    curfew times

   For Moore Street, there has been a continuing increase in truck numbers overall,
    with more trucks travelling at night in the twelve month period (9 per cent) during
    the curfews for Francis Street and Somerville Road.

The development of new truck ramps from the Westgate Freeway to Hyde Street as
previously outlined in the Victorian Transport Plan’s Truck Action Plan, would
address the issues of heavy commercial vehicle traffic on many of these roads, with
additional truck bans proposed when this alternative freight route is created.

Similarly, the WestLink project would result in reductions in truck volumes in Buckley
and Moore Streets.

Both these projects are under review by the State Government.




                                         Page 114
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Council, at its meeting on 19 July 2011, resolved to request the Minister for
Transport, to undertake a joint review of the existing truck curfew arrangements, and
detail the State Government’s plans regarding the growth in truck movements and
traffic congestion in the western suburbs. In addition, Council resolved to write to the
State Minister for Environment and Climate Change and the State Minister for Health
regarding noise pollution, and undertake noise measurement in Moore Street,
Buckley Street and Whitehall Street to ascertain the extent of noise pollution
impacting on residents. A further report will be presented to Council in relation to
these issues.

In the meantime, it is important that VicRoads maintains a high level of curfew
enforcement, in cooperation with Council.

RESOURCE IMPLICATIONS

No financial resource impact.

CONCLUSION

While the truck curfews have resulted in a reduction in truck traffic on some local
streets, there is evidence of increasing truck traffic in other streets. Council has a role
in advocating to the State Government, to ensure funding is allocated to projects and
initiatives to alleviate this considerable impact upon the local community.

OFFICER RECOMMENDATION/COUNCIL RESOLUTION
That Council:
1.   Note the March 2011 traffic counts undertaken by Council and VicRoads,
     to monitor truck traffic.

2.   Continue to liaise with VicRoads on the enforcement of the truck curfews.

3.   Note a further report will be presented on the responses to Council, from
     the actions of the July 2011 Council resolutions.


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

                                                                                CARRIED




                                        Page 115
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9.5   NOTICE OF MOTION

9.5.1 CIVIC INVITATION TO ELECTION OF MAYOR

Notice of Motion No:               NM/220
Councillor:                        Michael Clarke


PURPOSE

To extend an invitation to former Mayors and Councillors of the City of Maribyrnong,
to attend the 2011 election of the Mayor.

MOTION
That Council formally invite all past Mayors and Councillors of the City of
Maribyrnong to the Special Council Meeting to elect the Mayor on Wednesday
7 December 2011.

COUNCIL RESOLUTION
That Council formally invite all past Mayors and Councillors of the City of
Footscray and City of Maribyrnong to the Special Council Meeting to elect the
Mayor.


Moved by:         Cr Michael Clarke
Seconded by:      Cr Sel Sanli

                                                                           CARRIED




                                      Page 116
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10    URGENT BUSINESS

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




                                    Page 117
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11     CONFIDENTIAL BUSINESS

File No:                           CR001
Responsible Officer:               Stephen Wall
                                   General Manager Corporate Services


PURPOSE

It is proposed that the following items be considered in closed session:

11.1   COMMUNITY WELLBEING

11.1.1 FOOD SERVICES PROGRAM

       In accordance with Section 89(2)(d), as it contains contractual matters.

11.2   CORPORATE SERVICES

11.2.1 PROPERTY MATTER – PROPOSED LEASE

       In accordance with Section 89(2)(d), as it contains contractual matters.

11.2.2 FOOTSCRAY INTEGRATED MARKETING STRATEGY (FIMS) 2011-2016

       In accordance with Section 89(2)(h), as it contains information that Council
       considers would prejudice the Council or any person.

11.2.3 ASSEMBLY OF COUNCILLORS SEPTEMBER/OCTOBER
       (CONFIDENTIAL)

       In accordance with Section 89(2)(d), as it contains contractual matters.


OFFICER RECOMMENDATION/COUNCIL RESOLUTION
That in accordance with Section 89(2) (d) and (h) of the Local Government Act
1989, the meeting is closed to members of the public at 9.50pm.

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

                                                                            CARRIED




                                      Page 118
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12    MEETING CLOSURE

      The Chair Mayor Sarah Carter declared the meeting closed to members of the
      public for consideration of confidential business at 8.55pm.

13    REOPENING OF PUBLIC MEETING

That Council, having considered all confidential items, resolve to reopen the
meeting to the public at 10.15pm.

Moved by:         Cr Martin Zakharov
Seconded by:      Cr Michael Clarke

                                                                          CARRIED

In accordance with the confidential Council resolutions, the Chair Mayor Sarah
Carter, released the following resolutions:


13.1 FOOD SERVICES PROGRAM

OFFICER RECOMMENDATION/COUNCIL RESOLUTION
That Council become a shareholder in Regional Food Kitchen Pty Ltd, trading
as Community Chef, for the production of its food services program.

                                                                          CARRIED

13.2 FOOTSCRAY INTEGRATED MARKETING STRATEGY (FIMS) 2011-2016

OFFICER RECOMMENDATION/COUNCIL RESOLUTION
That Council:
1.   Adopts the Footscray Integrated Marketing Strategy 2011-2016 (FIMS).

2.   Refers the $100,000 FIMS marketing program option to the 2012-2013
     budget cycle, for consideration, and explores funding opportunities from
     partner organisations.

3.   Produces and makes publicly available, a summary version of FIMS.

                                                                          CARRIED

14    MEETING CLOSURE

The Chair, Mayor Sarah Carter, declared the meeting closed at 10.19pm.




                               As confirmed at the Ordinary Council Meeting held on
                                                       Tuesday, 15 November 2011

                                     Page 119
ORDINARY COUNCIL MEETING MINUTES                        18 OCTOBER 2011




                                              Chair, Mayor Sarah Carter




                                   Page 120

				
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