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Minutes October 21 2008 Council.DOC

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Minutes October 21 2008 Council.DOC Powered By Docstoc
					    ORDINARY COUNCIL MEETING


              MINUTES

TUESDAY, 21 OCTOBER 2008 AT 7.00
              PM

Maribyrnong City Council, Cnr Hyde and Napier Sts,
                   Footscray.




                                 Ms Kerry Thompson
                          CHIEF EXECUTIVE OFFICER
Mayor:
Councillor Michelle MacDonald

Deputy Mayor:
Councillor Catherine Cumming

Membership:
Mayor, Michelle MacDonald
Councillor Michael Clarke
Councillor Catherine Cumming
Councillor Dina Lynch
Councillor Janet Rice
Councillor Janis Rossiter
Councillor Sel Sanli
ORDINARY MEETING MINUTES                                                                                            21 OCTOBER 2008




                                      TABLE OF CONTENTS

ITEM                                                     SUBJECT                                                        PAGE NO

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

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

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

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

5       PUBLIC QUESTION TIME .......................................................................... 2

6       CONFIRMATION OF MINUTES OF PREVIOUS COUNCIL
        MEETINGS .................................................................................................. 5

7       DECLARATION OF PECUNIARY INTEREST ............................................ 5

8       MATTERS FROM CASP ............................................................................. 6

8.1     COMMUNITY ACCESS AND STRATEGIC POLICY MINUTES - 14 OCTOBER
        2008 ................................................................................................................................. 6

9       BUSINESS................................................................................................... 7
9.1     SUSTAINABLE DEVELOPMENT..................................................................................... 7

9.1.1   CHRISTMAS DECORATIONS/ACTIVITIES 2008 ............................................................. 7

9.1.2   234-240 BARKLY STREET, FOOTSCRAY ..................................................................... 12

9.1.3   URBAN PLANNING STATUS REPORT - OCTOBER 2008............................................. 43

9.1.4   REDEVELOPMENT OF WHITTEN OVAL STATUS REPORT......................................... 44

9.1.5   ADOPTION OF ANNUAL REPORT 2007-2008............................................................... 51

9.1.6   AUDIT COMMITTEE MINUTES - SEPTEMBER 2008..................................................... 57

9.2     CORPORATE SERVICES ...............................................................................................59

9.2.1   CODE OF MEETING PROCEDURE - PROPOSED AMENDMENT FOR THE
        ELECTION OF THE MAYOR.......................................................................................... 59

9.3     INFRASTRUCTURE SERVICES .....................................................................................62

9.3.1   EXTENSION OF CLEARWAY TIMES............................................................................. 62

9.3.2   TRUCK CURFEWS ........................................................................................................ 66
ORDINARY MEETING MINUTES                                                                                   21 OCTOBER 2008


9.3.3   NEWSOM STREET PEDESTRIAN BRIDGE................................................................... 72

9.4     CHIEF EXECUTIVE OFFICER ........................................................................................77

9.4.1   DELEGATES REPORTS SEPTEMBER - OCTOBER 2008............................................. 77

9.5     NOTICE OF MOTION......................................................................................................80

9.5.1   STREET TREES ............................................................................................................ 80

9.5.2   VICTORIA POLICE AND A SAFER COMMUNITY .......................................................... 82

10      URGENT BUSINESS ................................................................................ 83

11      CONFIDENTIAL BUSINESS ..................................................................... 84

12      MEETING CLOSURE ................................................................................ 84




                                                       Page (ii)
ORDINARY MEETING AGENDA                                                 21 OCTOBER 2008



1      WELCOME
       We acknowledge that we are on traditional lands of the Wurundjeri tribe of the
       Kulin Nation. We offer our respect to the elders of these traditional lands, and
       through them to all Aboriginal and Torres Strait Islander people.

2      PRESENT
       Members Present:
       Mayor, Cr Michelle MacDonald
       Cr Michael Clarke
       Cr Catherine Cumming
       Cr Dina Lynch
       Cr Janet Rice
       Cr Janis Rossiter
       Cr Sel Sanli

       In Attendance:
       Ms Kerry Thompson          Chief Executive Officer
       Mr Andrew Day              Acting General Manager Corporate Services
       Ms Jenny McMahon           General Manager Community Wellbeing
       Mr Soma Thevarajan         General Manager Infrastructure Services
       Mr John Luppino            General Manager Sustainable Development
       David Walmsley             Manager Strategy and Economic Development
       Lillian Santoro-Woolmer    Economic Development Officer
       John Karageorge            Manager Planning Services
       Adrian Havryluk            Manager Planning and Development
       Max Salemme                Project Officer
       Roland Rozario             Senior Transport Engineer
       Bryan Stone                Manager Finance
       Robert Lengyel             Financial Accountant
       Malcolm McDonald           Coordinator Transport and Special Projects

3      APOLOGIES
Nil.

4      LEAVE OF ABSENCE
Nil.




                                        Page 1
ORDINARY MEETING AGENDA                                                 21 OCTOBER 2008



5     PUBLIC QUESTION TIME
MOTION TO SUSPEND STANDING ORDERS

A MOTION was moved by Cr Cumming, seconded, Cr Sanli, that Council
suspend Standing Orders.

CARRIED.


Item 1 – CALD Strategy

The Mayor addressed the gallery as follows:

I have the pleasure of announcing another award Maribyrnong City Council has
earned.

Two weeks ago, IAP2 - the International Association for Public Participation –
presented Council with the Winning Award for the Best Public Participation Policy
Framework for our CALD Communications Strategy 2008-2010.

IAP2 is the leading body for recognising best practice in community engagement.

Council’s CALD Communications Strategy 2008-2010 introduces effective and
culturally appropriate ways that Council now communicates with our many CALD
communities, as well as engaging CALD groups in playing an increasingly active,
participatory role in Council’s processes.

This is a significant achievement for Council as the international judging panel
considered submissions from across Australasia.

It’s a remarkable testament that we are indeed heading in the right direction in the
sphere of community engagement practices and responding to the needs of our
culturally rich community.

I would like to acknowledge and congratulate our Media and Communications
Coordinator, Jen Legge, who developed the Strategy, ensuring it responded to the
needs of our diverse community through extensive community consultation, that
directly drove the strategy’s recommendations.




                                        Page 2
ORDINARY MEETING AGENDA                                                21 OCTOBER 2008



Item 2 – Road Safety Commitment

Cr Rice addressed the gallery as follows:

I am pleased to announce Council has received recognition for improvements in an
issue close to all of our hearts – road safety.

Council’s commitment to improving safety for our residents was recently recognised
by the RoadSafe Westgate Community Road Safety Council.

Road safety affects each of us every day, whether we chose to drive, walk or ride
around our City - it is for this reason Council is committed to making ongoing road
safety improvements.

This award is a tribute to Council’s ongoing support of RoadSafe Westgate and for
working with group to improve the road safety for the local community – a joint
commitment that first began in 1990.

While substantial efforts had been made in road safety in the last half of the 1990s,
the adoption of Council’s first Road Safety Plan in 2000 heralded a more systematic
approach to the problem.

Since then, Council has gone on to adopt The Road Safety Plan 2007-2011,
developed in consultation with the community and relevant authorities.

The Plan pulls together a number of Council road safety initiatives and establishes
Council’s coordination and leadership role with road safety issues within the
community for the next five years.

Together with RoadSafe Westgate, Victoria Police – Maribyrnong Traffic
Management Unit and VicRoads - North Western Metropolitan Region, Council has
worked on a range of multi agency, multi-faceted programs to improve road safety in
the City of Maribyrnong.

I would like to thank each of these stakeholders and particularly Council’s Transport
and Special Projects Team who have lead the way to this award and to improved
road safety across our City.

Item 3 - Commendation for Nicholson St Mall Urban Design

Cr Cumming addressed the gallery as follows:

I am pleased to announce the accolades keep coming for the new Nicholson Street
Mall.


                                       Page 3
ORDINARY MEETING AGENDA                                                21 OCTOBER 2008



Last week, Council received a commendation from the Planning Institute of Australia
for the innovative upgrade to the historic Footscray landmark.

The Victorian Division of the Planning Institute held their 2008 Planning Excellence
Awards on Friday night.

The awards for Planning Excellence provide an opportunity to recognise the visionary
and leading achievements in Planning and Urban Design in Victoria.

Council, in conjunction with landscape architects Hassell received a commendation
in the category of Urban Design.

The judging panel was impressed with the make over of Australia's oldest pedestrian
mall as part of the on-going Footscray Renewal and Transit Cities program.

The Mall design features a strong sense of liveliness generated by furniture and the
random stripes of yellow paving which deliver a low maintenance and flexible public
environment.

The design was also praised for how well it works with the adjacent pedestrian links,
including Maddern Square.

This successful project is testament to Council’s commitment to the delivery of quality
urban spaces. I would like to thank the many Council officers, across several units
were involved in the Mall's design and construction.

MOTION TO RESUME STANDING ORDERS

A MOTION was moved by Cr Clarke, seconded Cr Sanli, that Council resume
Standing Orders.

CARRIED.




                                       Page 4
ORDINARY MEETING AGENDA                                              21 OCTOBER 2008



6     CONFIRMATION OF MINUTES OF PREVIOUS COUNCIL
      MEETINGS
      Minutes, as circulated, of the Ordinary Council meeting of the Maribyrnong
      City Council, held on 16 September 2008.


      OFFICER RECOMMENDATION/COUNCIL RESOLUTION:

      That the Minutes of the Ordinary Council meeting of the Maribyrnong
      City Council, held on 16 September 2008 as circulated, be taken as read
      and adopted as a correct record.

Moved by:         Cr Clarke
Seconded by:      Cr Rice

CARRIED.

7     DECLARATION OF PECUNIARY INTEREST
Cr Cumming requested that it be noted that her brother Daniel Cumming is referred
to in the attachment to the Urban Planning Status Report Item.




                                      Page 5
ORDINARY MEETING AGENDA                                              21 OCTOBER 2008



8     MATTERS FROM CASP
8.1   COMMUNITY ACCESS AND STRATEGIC POLICY MINUTES - 14
      OCTOBER 2008

File No:                       CASP October 2008
Responsible Officer:           Ms Kerry Thompson
                               Chief Executive Officer
Author:                        Brooke Hobson
                               Council Relations Officer


PURPOSE

The purpose of this report is for Council to receive the minutes of the Community
Access and Strategic Policy meeting held on 14 October 2008, for the information of
Council.

OFFICER RECOMMENDATION/COUNCIL RESOLUTION:
That the minutes of the Community Access and Strategic Policy meeting held
on 14 October 2008 (as attached), be received and noted.

Moved by:         Cr Rice
Seconded by:      Cr Cumming
CARRIED.




                                      Page 6
ORDINARY MEETING AGENDA                                                  21 OCTOBER 2008



9      BUSINESS
9.1    SUSTAINABLE DEVELOPMENT

9.1.1 CHRISTMAS DECORATIONS/ACTIVITIES 2008

File No:                         FEV-15-004
Responsible Officer:             Mr John Luppino
                                 General Manager Sustainable Development
Author:                          Lillian Santoro-Woolmer
                                 Economic Development Co-ordinator


PURPOSE

The purpose of this report is to provide Council with an update regarding Christmas
decorations and proposed activities scheduled for 2008.

BACKGROUND

ALINTA has notified councils that they will not be changing their position on
contractual requirements, liability and indemnity insurance for the installation of
Christmas decorations on power poles. The terms proposed by ALINTA are
unacceptable to Council’s insurer; and in these circumstances Council cannot risk
installing Christmas decorations on ALINTA’s poles.

The loss of ALINTA infrastructure limits Councils ability to effectively display
Christmas decorations throughout the municipality, and different options for the
celebration of the festive season have been investigated.

Options for installing the Christmas decorations have previously been outlined. As
Council’s existing Christmas decorations were designed to be installed on ALINTA
poles, it was highlighted to Council that the lack of established infrastructure
compromises its ability to display these decorations with optimal and effective impact
across the municipality.

Given the positive reaction from traders and the community to the Christmas
activities organised in 2007, which is also reinforced by their feedback that the roving
entertainment is their preferred option, Council will coordinate these activities in
Yarraville, Seddon, West Footscray, Braybrook and the Footscray Mall for 2008 and
2009. Council will also encourage community centres, libraries and traders to
decorate their buildings to celebrate the festive season.

If in the longer term Council still wants to investigate the installation of Christmas
decorations in local shopping centres, then further investigation is required and will
be dependant on funding in the Council budget for 2009–2010.
                                        Page 7
ORDINARY MEETING AGENDA                                                  21 OCTOBER 2008



POLICY CONTEXT


RETAIL AND ACTIVITY CENTRE POLICY

To provide a framework for the facilitation of retail and activity centre development
and promotion as an important element of economic development strategy and
policy.

COUNCIL PLAN

Building Our City

We will, promote and facilitate urban renewal and enhancement opportunities
that support the wellbeing of our growing population, increase our economic
prosperity, and achieve sustainable development outcomes.

•      Create people focused places that are safe, accessible and encourage
       community interaction and participation.


STRATEGIC RESOURCE PLAN


SERVICE CULTURE

Council will maintain a service culture that recognises the priorities of customers,
reaches out to diverse groups within the community, and actively engages citizens.

SUSTAINABILITY IMPLICATIONS


COMMUNITY

Participation of local traders and the community in the celebration of the festive
season.

ENVIRONMENT

Given the nature of the Christmas activities proposed, there are no sustainability
implications for the environment.

ECONOMIC

The cost of Christmas activities to Council budget for 2008-2009.




                                        Page 8
ORDINARY MEETING AGENDA                                                   21 OCTOBER 2008



HUMAN RIGHTS CONSIDERATION

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

CONSULTATION

The Footscray Traders Association, Seddon Trader Group, Yarraville Trader Group,
Places of Worship, Footscray Police and interested community members were asked
to provide feedback about the possibility of installing the decorations on street litter
bins.

DISCUSSION

Given that ALINTA will not permit Council to install Christmas decorations onto poles,
alternative options for the installation of existing Christmas decorations have been
explored. The preferred options for 2008 are a mix of:

Christmas activities in Footscray Mall, Seddon, Yarraville, West Footscray and
Braybrook.
Through a targeted community consultation in 2008, Christmas activities and
entertainment in the shopping precinct is the preferred option and in the short term is
the most feasible option for Council as:
   • The coordination of these activities is not resource intensive
   •   It celebrates the festive season
   •   It builds on past experience and success and offers a program that can be
       designed to specifically celebrate the festive season
   •   The cost of approximately $40,000 reinforces Council’s contribution to the
       facilitation of retail and activity centre development and promotion in line with
       community consultation.
   •   Council will encourage community centres, libraries and traders to decorate
       their businesses to celebrate the festive season.
   •   Council also owns 8 flagpoles on Nicholson Street (between Paisley Street
       and Irving Street) and 8 decorations will be installed onto these poles.
   •   Consideration was also given to installing decorations to 3 poles in West
       Footscray, however installation of decorations to these poles is not suitable as
       these poles have fixed signage attached to them.
   •   Consideration was also given to decorating planter baskets along
       Barkly/Hopkins Street with tinsel. The tinsel would be difficult to affix to
       withstand weather or vandalism without compromising the design and function
       of the baskets, potentially damaging the plantings or increasing littering.




                                          Page 9
ORDINARY MEETING AGENDA                                                   21 OCTOBER 2008



Longer Term Consideration

Should Council wish to consider the installation of Christmas decorations in local
shopping centres, then further investigation will be necessary. To display Councils
existing decorations, purpose designed poles would need to be installed within key
activity centres. Any design and installation would need to have regard to the urban
design outcomes for the centres, as envisaged in their respective urban design
frameworks, complimenting the overall design improvements that Council is
implementing across these centres.

Where Centres are constrained and limited opportunities exist for additional new
poles. Installation opportunities could be based around the entries and public spaces
within activity centres rather than along footpath pavements. For example:

•     Yarraville           Entries to the village, and the Station Park
•     Seddon               Charles Street, Victoria Street and Gamon Street
•     Footscray            Nicholson Street Mall, Maddern Square and entry points
                           into Footscray
•     West Footscray       Streetscape of Barkly Village along Barkly Street.

The investigations will have to assess the feasibility of the preferred locations for
each key activity centre, design of the pole infrastructure and identify a budget and
implementation plan. At this preliminary stage, it is difficult to provide an accurate
estimate of costs, however the likely capital costs would be in the range of $400,000.
This would be dependant upon funding in the Council 2009–2010 budget and would
allow for implementation over 2009–2010.

The installation of the poles would provide further opportunities for displaying
banners and decorations throughout the year, and could contribute to the
presentation and image of the centres. The cost of any additional display materials
has not been considered in the estimate provided in this report.

RESOURCE IMPLICATIONS

•     $40,000.
•     The cost will need to be absorbed within existing budgets.

CONCLUSION

Given that ALINTA will not permit Council to install Christmas decorations onto power
poles, Council considered alternative options.




                                       Page 10
ORDINARY MEETING AGENDA                                                  21 OCTOBER 2008



The preferred option for Christmas 2008 is to continue with performance based
activities, which is consistent with the feedback received from trader groups and the
community following the use of these in 2007 and installing Christmas decorations
onto the 8 Council owned flagpoles on Nicholson Street (between Paisley and Irving).

Council will need to determine whether displaying decorations is pursued in the
longer term. If so, this will require further investigations and is likely to incur
significant cost.

OFFICER RECOMMENDATION/COUNCIL RESOLUTION:
That:

1.   Council organise roving Christmas entertainment for the Footscray Mall,
     Seddon, Yarraville, West Footscray and Braybrook for 2008 at a cost of
     approximately $40,000.

2.   Council install Christmas decorations onto 8 Council owned flagpoles on
     Nicholson St Footscray (between Paisley and Irving Street).

3.   Council encourage community centres, libraries and traders to decorate
     the internal area of the building to celebrate the festive season.

4.   Council commit to preparing a report on the installation of poles to allow
     for Christmas decorations, as well as banners for other festivities in the
     City of Maribyrnong, and that a budget for these works be referred to the
     2009–2010 budget.



Moved by:          Cr Cumming
Seconded by:       Cr MacDonald

CARRIED.




                                        Page 11
ORDINARY MEETING AGENDA                                         21 OCTOBER 2008




9.1.2 234-240 BARKLY STREET, FOOTSCRAY

File No:                  TP700/2007
Attachments:              Site Maps
Responsible Officer:      Mr John Luppino
                          General Manager Sustainable Development
Author:                   Adrian Havryluk
                          Manager Planning and Development
                          Irene Plakidis
                          Urban Planner


APPLICATION RECEIVED:                  20-Dec-2007
APPLICATION NUMBER:                    TP700/2007
APPLICANT:                             SJB Planning
SITE ADDRESS:                          234-240 Barkly St, Footscray
PROPOSAL:                              Demolition of existing buildings, use and
                                       development of 58 two and three storey
                                       dwellings and a 13 storey residential
                                       building comprising 113 dwellings and three
                                       retail premises in a Heritage Overlay, and a
                                       reduction in required car parking
ZONING:                                B2Z - Business 2 Zone
OVERLAYS:                              HO28 - Heritage Overlay, DCPO6 -
                                       Development Contributions Plan Overlay
                                       (Schedule 5)
INTERNAL REFERRALS:                    Property Management, City Design & Place
                                       Making, Heritage Advisor, Infrastructure
                                       Planning, Strategy & Economic
                                       Development, Sustainability (ESD),
                                       Sustainability-Garbage/Mark Siantis,
                                       Transport & Special Projects, Leisure &
                                       Open Space
EXTERNAL REFERRALS:                    Department of Infrastructure, Department of
                                       Infrastructure, Department of Infrastructure,
                                       Vic Roads, *City West Water, *Alinta,
                                       Melbourne Airport, Melbourne Water
COST OF DEVELOPMENT:                   $95,000,000
WARD:                                  Saltwater




                               Page 12
ORDINARY MEETING AGENDA                                                 21 OCTOBER 2008




PURPOSE OF REPORT

This report describes the planning process for the above application, which included
the demolition of existing buildings, use and development of 58 two and three storey
dwellings, and a 13 storey residential building comprising 113 dwellings and three
retail premises in a heritage overlay, and a reduction in required car parking on the
site known as 234-240 Barkly Street, Footscray, where an appeal has been lodged
against failure to grant a permit with the prescribed time.

It is noted that a Notice of Application to Amend Plans has been served to Council.
The applicant has advised that at the hearing of this matter, leave will be sought to
amend the description of the proposal in the application for review to reflect the
amended development plans (as described below).

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 refused
subject to conditions.

PROPOSAL

An application has been made to Council for the demolition of existing buildings, use
and development of 58 two and three storey dwellings and a 13 storey residential
building comprising 113 dwellings and three retail premises in a Heritage Overlay,
and a reduction in required car parking.

On 24 September 2008, a Notice of Application to Amend Plans was served to
Council. The applicant has advised that at the hearing of this matter, leave will be
sought to amend the description of the proposal in the application for review to read:

      Demolition of existing buildings and construction of a 13 storey building
      comprising three retail premises and 113 dwellings with associated carparking,
      and 56 two and three storey townhouses, 4 one storey townhouses units and
      associated facilities, and waiver of carparking and loading requirements.

It is noted that the amended plans do not appear to correspond with the above
proposal description with regard to the 56 two and three storey townhouses and 4
one storey townhouses units. The submitted plans show 56 three storey dwellings
(townhouses) and 4 apartments.

Key design elements include:

Demolition

•     Demolition of the existing building at 234-236 Barkly Street.

                                       Page 13
ORDINARY MEETING AGENDA                                                   21 OCTOBER 2008



Mixed Use (retail/apartment) Building

•     Construction of a mixed use, thirteen storey building on the southern part of
      the site, comprising a three storey ‘podium’ and ten storeys above. The
      building includes:
      §       Three (3) ground floor retail premises fronting Barkly Street.
      §       Two and a half levels of above ground car parking (ground, first and
              second floors.
      §       Ten (10) levels of apartments above the ‘podium’.
•     The mixed use building includes a total 113 apartments, with 42 two bedroom
      apartments and 71 one bedroom apartments.
•     Carparking for the residential component of the mixed use tower comprises 1
      carparking space for each of the 42 two bedroom apartments, and 1
      carparking space for 54 of the 71 one bedroom apartments.
•     Seventeen (17) one bedroom apartments will not have any allocated
      carparking.
•     Fifty (50) bicycle storage spaces to be provided at ground floor.
•     Storage units to be provided within the carparking area at ground floor, first
      and second floors.
Residential

•     Construction of 56 three storey dwellings (townhouses), including:
      §       Thirteen (13) three bedroom dwellings.
      §       Forty-two (42) two bedroom dwellings (dwellings 1-6 include a separate
              study).
      §       One (1) one bedroom dwelling.
•     Construction of 4 apartments (dwellings 57- 60).
•     Carparking for the residential dwellings/apartments comprises 1 carparking
      space per three bedroom dwelling, 1 carparking space for 38 of the 42 two
      bedroom dwellings, and 1 carparking space for the 1, one bedroom dwelling.
•     Four (4) two bedroom and 4 one bedroom dwellings/apartments will not have
      any allocated carparking.
Carparking

A total of 153 carparking spaces are proposed for the development, 107 carparking
spaces within the mixed use building and 46 carparking spaces within the dwellings
(townhouses). Further details regarding the provision of carparking for the
development are outlined below:

                                        Page 14
ORDINARY MEETING AGENDA                                                   21 OCTOBER 2008



Retail

•        Three (3) carparking spaces are provided for the proposed retail uses.
•        One (1) carparking space will be provided for each tenancy.
•        Carparking will be provided within the ground floor of the mixed use tower.

Mixed Use Tower

•        One hundred and seven (107) carparking spaces are provided over three
         levels.
         §   Seventeen (17) carparking spaces at ground floor.
         §   Forty-four (44) carparking spaces at first floor.
         §   Forty-six (46) carparking spaces at second floor.
•        Forty-two (42) carparking spaces are provided for two bedroom apartments
•        Fifty-four (54) of the 71 one bedroom apartments are provided with 1
         carparking space.
•        A total of 96 carparking spaces are provided over three levels for the
         occupants of the apartments within the mixed use tower.

Dwellings (townhouses)

•        Forty-six (46) carparking spaces are provided within the ground floor building
         envelope of selected dwellings.
•        Fifty-two (52) carparking spaces are provided within the development for the
         use of the dwelling residents.
•        Six (6) of the overall 52 spaces provided for the residents of the dwellings are
         situated within the mixed use tower.

Summary of Carparking Provision

Total carparking spaces (on-site)                                          153
Retail carparking provided                                                   3
Apartment carparking (within mixed use tower)                               96
Dwelling/townhouse carparking (within mixed use tower)                       6
Dwellings/townhouses carparking                                             46
Unallocated carparking spaces                                                2




                                         Page 15
ORDINARY MEETING AGENDA                                                   21 OCTOBER 2008



Note:

Planning Scheme parking requirement is in the order of 258 spaces–total.

Waste Collection & Storage

•       Dwelling (townhouse) residents will utilise the communal bin store located
        adjacent to Crown Street. Collection will occur at the east end of Crown Street
        (kerbside).
•       The apartments (within the mixed use building) will utilise a communal bin
        store located within the carpark at ground floor level. Collection will occur on
        Barkly Place (kerbside).
•       The retail tenancies will store their own bins within the tenancy for kerbside
        collection from Barkly Street.

Other

•       The conversion of Greenham Place to a two way street between Hugh Street
        and the rear of 232 Barkly Street.
•       The relocation of 90 degree car parking from the south side of Crown Street to
        the north side of Crown Street accompanied by streetscape improvement
        works including planting of street trees.
•       The construction of a 3 metre wide road connecting Crown Street to Hugh
        Street and Greenham Place (previously not included).

SITE & SURROUNDS

The subject site is located on the northern side of Barkly Street, approximately 40
metres east of the corner of Barkly Place and 45 metres west of Donald Street,
Footscray.

The site is irregular in shape, with frontages to Barkly Street (27.44 metres), Crown
Street (42.87 and 12.99 metres) and Greenham Place (66.55 metres), and an overall
site area of 4890 square metres. The subject land has a 0.5 metre fall from the
northern boundary to the southern boundary of the site.

The site is currently occupied by numerous buildings used for various commercial
and retail functions, and includes a vacant parcel of land (to the north of these
buildings) that was previously used as a carpark/service area.




                                         Page 16
ORDINARY MEETING AGENDA                                                  21 OCTOBER 2008



Existing buildings fronting Barkly Street include the Carroll and Douglas retail building
at 234-236 Barkly Street (which is subject to a Heritage Overlay), and a vacant shop
at 236-240 Barkly Street. The Footscray Conservation Study provides a statement of
significance for the Carroll and Douglas, which is included below:

       Architecturally, a totally Modern but restrained shop design which embodies
       most of the philosophies of the 1950s rebirth in Australian architecture.
       Historically, among the first group of major retail developments after the
       Second War in Footscray.

Access to the site is provided from Barkly Street, the laneway adjacent running east
from Barkly Place, from Greenham Place and from Crown Street. There are no trees
on the site.

The surrounding area is characterised by predominantly single storey residential
development to the north of the site, along Malden, Crown and Hugh Streets.
Development to the south of the site (across Barkly Street) is characterised by one
and two storey attached terraces with retail tenancies at ground floor. These
buildings primarily date from the late 19th and early 20th century, and are affected by
a Heritage Overlay (HO3 – Footscray Commercial Heritage Area).

Properties to the east and west of the subject site (across Greenham Place) are
characterised by commercial development. The Allegro building comprising 93
dwellings, 2 shops, 3 offices and 1 cafe fronting Barkly Street, and associated car
parking over 10 levels, plus basement carparking abuts the western boundary of the
site.

Numerous drainage and carriageway easements are registered on the Titles for the
subject site.

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.




                                        Page 17
ORDINARY MEETING AGENDA                                             21 OCTOBER 2008




MARIBYRNONG PLANNING SCHEME

The State Planning Policy Framework (SPPF)

Relevant to the assessment of the current application are:

•     Clause 11.03-1 Settlement
•     Clause 11.03-6 Social need
•     Clause 12 - Metropolitan Development
•     Clause 14.01 - Planning for Urban Settlement
•     Clause 15.06 - Soil Contamination
•     Clause 15.12 - Energy Efficiency
•     Clause 16.02 - Medium Density Housing
•     Clause 17.01 - Activity Centres
•     Clause 18.02 - Car Parking and Public Transport Access to Development
•     Clause 18.09 - Water Supply, Sewerage and Drainage
•     Clause 19.03 - Design and Built Form

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

Relevant to the assessment of the current application are:

•     Clause 21.04-4 - Economic Development
•     Clause 21.04-6 - Activity Centres & Retailing
•     Clause 21.04-8 - Access & Transportation
•     Clause 21.04-9 – Cultural Heritage
•     Clause 22.04 - Business 2 Zone and Comprehensive Development Zone Land
      Use and Development Policy – Footscray Business Centre.
•     Clause 22.08 – Potentially Contaminated Land Policy
•     Clause 22.11 – Cultural Heritage Policy

Other Considerations

•     Footscray Skyline Study
•     Footscray Central Urban Design Framework
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•     Social Impact Assessment for Significant Residential Developments
•     Guidelines for Higher Density Residential Development (DPI)

The applicant has not provided a Social Impact Assessment. This is not a mandatory
requirement of the Maribyrnong Planning Scheme.

PLANNING CONTROLS

The subject land is zoned B2Z - Business 2 Zone with a DCPO6 - Development
Contributions Plan Overlay (Schedule 5), and the land is partially subject to a HO28 -
Heritage Overlay with an abuttal to a RDZ2 – Road Zone Category 2 (Barkly Street).

Business 2 Zone

Pursuant to Clause 34.02-1 of the Maribyrnong Planning Scheme a planning permit
is required to:

•     Use and develop the land for the purpose of accommodation.
•     Use the land for the purpose of a retail premises.
•     Construct a building or construct or carry out works.

A development must meet the requirements of Clause 55. This does not apply to a
development of four or more storeys, excluding basement.

Heritage Overlay

Pursuant to Clause 43.01-1 of the Maribyrnong Planning Scheme a planning permit
is required to:

•     Demolish or remove a building.
•     Construct a building or construct or carry out works.

Development Contribution Plan Overlay

Pursuant to Clause 45.06 Schedule 5 (DCPO6) all net new dwelling development is
required to contribute towards identified community infrastructure in accordance with
the provisions of the schedule.

Considering this Clause it would equate to a total contribution of $77,850.00.




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Parking provision

Considering Clause 52.06-1 Car Parking, a planning permit is required for a
reduction to of the standard carparking requirements.

Urban Context Report and Design Response for Residential Development of
Four or More Storeys

Pursuant to Clause 52.35-01 an application to which this clause applies must be
accompanied by an urban context report and a design response.

Bicycle Facilities

Pursuant to Clause 52.34-3, in a development of four or more storeys, one resident
bicycle space is required for every five dwellings and one visitor bicycle space is
required for every 10 dwellings.

Integrated Public Transport Planning

Pursuant to Clause 52.36, an application for the construction of a residential
development comprising 60 or more dwellings or lots must be referred to the Director
of Public Transport.

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

Clause 55 (ResCode) is applicable to the assessment of this application for the
proposed 56 two and three storey townhouses and 4 one storey townhouses.

NOTIFICATION

Notice of the application was required to be undertaken by VCAT in accordance with
the notice requirements set out in section 83B of the Planning and Environment Act
1987.

Council Officers had discovered that the proposal description included in the public
notification documents (as prepared by the permit applicant) was incorrect. The
proposal description in these documents omits the construction of the proposed
dwellings (townhouses) to the north of the mixed use tower, which is a significant
component of the planning permit application.

In order to address this matter, a Notice of Application to Amend Plans was served to
Council and all affected parties including property owners/occupiers that were
notified of the original planning permit application. The Notice included the
applicant’s intention to seek leave at the hearing of this matter to amend the
description of the proposal in the application for review to include the construction of
56 two and three storey townhouses and 4 one storey houses.

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ORDINARY MEETING AGENDA                                                 21 OCTOBER 2008




At this stage, twelve (12) objections have been received in response to advertising of
the application. Objectors have completed and served a copy of the Statement of
Grounds on the permit applicant and to Maribyrnong City Council.

In summary, the grounds of objection are:

•     Neighbourhood character.
•     Overdevelopment.
•     Building height and massing.
•     Inadequate landscaping.
•     Insufficient car parking and traffic impacts.
•     Overlooking and loss of privacy.
•     Excessive noise and disruption during the building phase.
•     Additional noise generated by residential development.
•     Location of rubbish bins and air conditioners/heaters.
•     Lack of playground/green area within the development.
•     Increase in rubbish within the area.
•     Obstruction of city views.
•     Incorrect notification (of the application proposal).

REFERRALS

External

The application was referred externally pursuant to section 55 of the Act to:

•     Department of Infrastructure (Director of Public Transport).

Re: integrated public transport-clause 52.36, no response to date.

Furthermore, comments were sought from the following authorities:

•     City West Water
•     Alinta Asset Management Services
•     Melbourne Airport
•     Melbourne Water


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•      Metropolitan Fire and Emergency Services Board (MFB)
•      Metropolitan Ambulance Victoria
•      VicRoads.

Specific development conditions have been required by the referral authorities.

Internal

•      The application was referred internally to:
•      Property Management
•      City Design & Place Making
•      Heritage Advisor
•      Infrastructure Planning
•      Strategy & Economic Development
•      Sustainability (ESD)
•      Sustainability (Garbage)
•      Transport & Special Projects
•      Leisure & Open Space.

The internal comments have formed part of the overall evaluation of the application
and have been incorporated into the officer assessment.

PLANNING OFFICER ASSESSMENT

The current land-use proposal is largely consistent with the intent of the State and
Local Planning Policy Framework direction, which support the location of a
substantial proportion of new housing in, or close to activity centres and other
strategic redevelopment sites that offer good access to services and transport
(discussed further below).

However, there are a number of outstanding issues that are yet to be addressed.

The applicant’s failure to provide additional information with regard to the proposal
has limited the ability for Council officers to properly assess the application. Detailed
justification is required for particular aspects of a development that rest outside the
recommendations of adopted planning framework plans or studies.




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ORDINARY MEETING AGENDA                                                  21 OCTOBER 2008



The two main matters of the proposal that require strategic design justification are:

•      The lack of a northern road link at the back of the site as recommended in the
       Footscray Urban Design and Framework Plan, (FUDF).
•      The height of the 13 level building considering the Footscray Skyline Study.

Council Officers had reiterated this information in the design issues letter issued to
the applicant. It was anticipated that a response would have incorporated the
preferred direction of the FUDF, and provided architectural design discussion
regarding the building height. To date, this information has not been submitted.

These outstanding requirements/issues will be discussed in turn in the latter section
of this report.

Consideration of State & Local Planning Policy Framework

Detailed below are the relevant excerpts of the State and Local Planning Policy
Framework referred to in considering the subject planning application.

The proposed development fails to consider all relevant matters under the local and
state policy framework and is contrary to relevant urban design objectives of the
planning scheme.

State Planning Policy

Clause 11.03-1 Settlement

Within Clause 11 Settlement, the SPPF states:

•      Planning is to anticipate and respond to the needs of existing and future
       communities through provision of zoned and serviced land for housing, open
       space, commercial and community facilities and infrastructure.
•      Planning is to recognise the need for, and as far as practicable contribute
       towards:
       §      Health and safety, A high standard of urban design and amenity,
              Accessibility.
•      Land use and transport integration.

The proposal is required to adequately address the above policy matters.

Clause 11.03-6 Social need



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ORDINARY MEETING AGENDA                                                 21 OCTOBER 2008



Within Clause 11.03-6 the SPPF states:

•     Land use and development planning must support the development and
      maintenance of communities with adequate and safe physical and social
      environments for their residents, through the appropriate location of uses and
      developments and quality of urban design.

Clause 12 - Metropolitan Development

Within Clause 12 the SPPF states:

•     This clause provides specific objectives and strategies for Metropolitan
      Melbourne.

12.01 A more compact city
Activity centres

•     Provides different types of housing, including forms of higher density housing.
•     Improves access by walking, cycling and public transport to services and
      facilities.

Housing

•     Encourage higher density housing development on sites that are well located
      in relation to activity centres and public transport.
•     Ensuring all new development appropriately responds to its landscape, valued
      built form and cultural context.
•     Supporting opportunities for a wide range of income groups to choose housing
      in well serviced locations.

12.05 A great place to be
Urban Design

•     Promote good urban design to make the environment more liveable and
      attractive by:
      •      Ensuring new development or redevelopment contributes to community
             and cultural life by improving safety, diversity and choice, the quality of
             living and working environments, accessibility and inclusiveness and
             environmental sustainability.




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         •     Requiring development to respond to its context in terms of urban
               character, cultural heritage, natural features, surrounding landscape
               and climate.

Cultural identity and neighbourhood character

•        Recognise and protect cultural identity, neighbourhood character and sense of
         place by ensuring development responds and contributes to existing sense of
         place and cultural identity.

Safety

•        Ensuring the design of buildings, public spaces and the mix of activities
         contribute to safety and perception of safety.

Heritage

•        Protect heritage places and values by:
         •     Supporting the identification, conservation, protection and management
               of cultural heritage values.
         •     Encouraging appropriate development that respects established
               cultural heritage values.
         •     Supporting adaptive reuse of heritage buildings whose use has become
               redundant

12.06 A fairer city
Affordable housing

•        Increase the supply of well located affordable housing by:
         •     Facilitating a mix of private, affordable and social housing in activity
               centres, strategic redevelopment sites and Transit cities projects.


12.07 A greener city

•        To minimise impacts on the environment to create a sustainable path for future
         growth and development.

12.08 Better transport links
(ref: clause 52.36 Integrated public transport planning)


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ORDINARY MEETING AGENDA                                                21 OCTOBER 2008



•     Plan urban development to make jobs and community services more
      accessible by:
      §      Coordinating improvements to public transport, walking and cycling
             networks with the ongoing development and redevelopment of the
             urban area.
      §      Requiring integrated transport plans to be prepared for all new major
             residential, commercial and industrial developments.
      §      Providing safe pedestrian and cycling access to activity centres, public
             transport.

Walking and cycling

•     Give more priority to walking and cycling in planning urban development and
      in managing the road system and neighbourhood by:
      •      Encouraging the use of walking and cycling by creating environments
             that are safe and attractive.

Clause 14.01 - Planning for urban settlement

Within Clause 14.01 the SPPF states:

•     To facilitate the orderly development of urban areas.
•     In planning for urban growth planning authorities should encourage
      consolidation of existing urban areas while respecting neighbourhood
      character.
•     Planning authorities should facilitate the orderly development of developing
      urban areas through the preparation of structure plans or precinct plans.

With regard to the above the Footscray Central Urban Design Framework and
Skyline Study, provide direction for orderly urban development. The application has
not addressed the particular relevant matters of these reports.

Clause 15.06 - Soil Contamination

Within Clause 15 the SPPF states:

•     To ensure that potentially contaminated land is suitable for its intended future
      use and development, and that contaminated land is used safely.




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ORDINARY MEETING AGENDA                                                21 OCTOBER 2008



No information has been provided about any investigation/testing regarding the
potential for contaminated soils, filled areas or former uses that may have had the
potential to contaminate the land.

Clause 15.12 - Energy Efficiency

Within Clause 15.12 the SPPF states:

•     To encourage land use and development that is consistent with the efficient
      use of energy and the minimisation of green house gas emissions.

Clause 16.02 - Medium Density Housing

Within Clause 16.02 the SPPF states:

•     To encourage the development of well designed medium density housing
      which:
      §      Respects the neighbourhood character.
      §      Improve housing choice.
      §      Makes better use of existing infrastructure.
      §      Improves energy efficiency of housing.

16.05 Affordable housing

Within Clause 16.05 the SPPF states:

•     To deliver more affordable housing to jobs, transport and services.

Economic development

Clause 17.01 - Activity centres

Within Clause 17.01 the SPPF states:

•     Minimise the effects of commercial development on the amenity of residential
      and parkland areas for example as a result of traffic congestion, noise or
      overshadowing.
The applications fails to adequately address traffic management/movement and
visitor parking.




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ORDINARY MEETING AGENDA                                                    21 OCTOBER 2008



Infrastructure

Clause 18.02 - Car Parking and Public Transport Access to Development

Within Clause 18.02 the SPPF states:

•      To ensure access is provided to developments in accordance with forecast
       demand taking advantage of all available modes of transport and to minimise
       impact on existing transport networks and the amenity of surrounding areas.
•      Consideration should be given to all modes of travel, including walking,
       cycling, public transport, taxis and private vehicles in providing for access to
       new developments.
•      The amenity of residential precincts should be protected from the effects of
       road congestion created by on –street parking.

The application has not fully addressed the matters relating to proper pedestrian
access, visitor parking and vehicular movements.

Clause 18.09 - Water Supply, Sewerage and Drainage
Within Clause 18.09 the SPPF states:

•      To plan for the provision of water supply, sewerage and drainage services that
       efficiently and effectively meet State and community needs and protect the
       environment.

The application has not addressed the provision or the need for any upgrading of
major physical services to the development.

Clause 19.03 - Design and Built Form

The particular objective of Sub clause 19.03 is to achieve high quality urban design
and architecture that:

•      Reflects the particular characteristics, aspirations and cultural identity of the
       community.
•      Enhances liveability, diversity, amenity and safety of the public realm.
•      Promotes attractiveness of towns and cities within broader strategic contexts.

Development should achieve architectural and urban design outcomes that
contribute positively to local urban character and enhance the public realm while
minimising detrimental impact on neighbouring properties.


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Further, the Clause states that planning authorities should emphasise urban design
policies and frameworks for key locations.

Design principles

Planning and Responsible Authorities must have regard to the following design
principles:

Context

•        Development must take into account the natural, cultural and strategic context
         of its location.
•        A comprehensive site analysis should be the starting point of the design
         process and form the basis for consideration of height, scale and massing of
         new development.

The public realm

•        The public realm, which includes main pedestrian spaces, streets, squares,
         parks and walkways, should be protected and enhanced.

Safety

•        New development should create urban environments that enhance personal
         safety and property security and where people feel safe to live, work and
         move in at any time.

Landmarks, views and vistas

•        Landmark views and vistas should be protected and enhanced or where
         appropriate, created by new additions to the built environment.

Pedestrian Spaces

•        Design of the relationship between buildings and footpaths and other
         pedestrian spaces, including the arrangement of adjoining activities,
         entrances, windows and architectural decoration, should enhance the visual
         and social experience of the observer

Heritage

•        New development should respect, but not simply copy, historic precedents
         and create a worthy legacy for future generations.

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Consolidation of Sites and Empty Sites

•      New development should contribute to the complexity and diversity of the built
       environment.
•      Site consolidation should not result in street frontages which are out of
       keeping with the complexity and rhythm of existing streetscapes.
•      The development process should be managed so that sites are not in an
       unattractive neglected state for excessive periods and the impacts from vacant
       sites are minimised.

Light and Shade

•      Enjoyment of the public realm should be enhanced by a desirable balance of
       sunlight and shade.
•      This balance should not be compromised by undesirable overshadowing or
       exposure to the sun.

Energy and Resource Efficiency

•      All building, subdivision and engineering works should promote more efficient
       use of resources and energy efficiency.

Architectural Quality

•      New development should aspire to the high standards in architecture and
       urban design.
•      Any rooftop plant, lift over-runs, service entries, communication devices, and
       other technical attachment should be treated as part of the overall design.

Landscape Architecture

•      Recognition should be given to the setting in which buildings are designed and
       the integrating role of landscape architecture.

Officer Comment:

The proposal attempts to address the intent of the above policy direction towards
urban design.




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ORDINARY MEETING AGENDA                                                  21 OCTOBER 2008



However, the proposal fails to provide justification for the height, massing and built
form having regard to the urban context. This in turn influences other matters,
particularly how the development responds to the public realm, heritage, amenity,
light and shade, permeability, skyline views, and architectural quality.

Urban Context, as defined in the “Guidelines for Higher Density Residential
Development“ concerns:

       The broader setting of a development, including its existing physical
       surrounds, its social and economic environment, and a strategic view of the
       area in which it is located and its role over time. One key aspect of urban
       context is understanding neighbourhood character, how the features of an
       area come together to make a particular place distinctive. All new
       development should make a positive contribution to an areas character
       protecting and contributing to its valued natural, built and community qualities.

The development fails to adequately respond to the following matters:

•      The context
•      Heritage significance
•      The preferred height limits
•      The affect on the amenity of the public and private realm
•      The effects of shadow
•      Pedestrian permeability
•      No information with regard to wind climate assessment and the effects on the
       public and private spaces
•      Proper traffic movements and management
•      The influence and impact on skyline views
•      The layout and design creates spaces that limits surveillance and safety.

Given the limited evaluation, the response to the site context and architectural quality
is therefore challenged.

Local Planning Policy Framework

Detailed below are the relevant excerpts of the Local Planning Policy Framework
referred to in considering the subject planning application.

The proposed development fails to consider all relevant matters under the Local
Planning Policy Framework and is contrary to relevant urban design objectives of the
planning scheme.

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ORDINARY MEETING AGENDA                                                21 OCTOBER 2008




Clause 21.04-4 - Economic Development

Within clause 21.04-4 Objectives, Strategies and Implementation it is policy to:

•     Achieve quality urban design and high amenity for commercial and industrial
      buildings, structures and sites.
•     Apply new development guidelines and other policy to improve the
      appearance and image of the city, so that a secure investment climate is
      created.

Clause 21.04-6 - Activity Centres & Retailing

Within clause 21.04-6 Objectives, Strategies and Implementation it is policy to:

•     Create centres which provide friendly and safe access pathways, good
      lighting, quality landscaping, street furniture, conveniences and activity spaces
      for people to meet.
•     Apply the Footscray Central Urban Design Framework.
•     Incorporating the Footscray Central Urban Design Framework into the
      planning Scheme during the fist review of the Scheme.

Clause 21.04-8 - Access & Transportation

Within clause 21.04-8 Objectives, Strategies and Implementation it is policy to:

•     Design subdivision street layouts in new housing areas to maximise pathway
      links, permeability and social interaction.
•     Develop local streets in activity centres to provide safe and pleasant shared
      pedestrian movement, slower vehicular access, and on street short stay
      parking.

The development fails to provide appropriate pedestrian pathway links to allow
effective permeability from the development site.

The development also fails to provide an effective pedestrian and vehicular link road
as recommended in the Footscray Central Urban Design Frame work.




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ORDINARY MEETING AGENDA                                                 21 OCTOBER 2008



Clause 21.04-9 Cultural Heritage

Within clause 21.04-9 Objectives, Strategies and Implementation it is policy to:

•     To care for heritage places throughout the municipality ensuring their
      conservation, use and appreciation.
•     To protect significant heritage places from adverse impacts resulting from
      proposals for change.

The application has not appropriately considered the heritage significance of the site.

Clause 22.04 - Business 2 Zone and Comprehensive Development Zone Land Use
and Development Policy – Footscray Business Centre.

Within clause 22.04 Objectives, Strategies and Implementation it is policy to:

•     To revitalise the Footscray Business Centre.
•     To encourage the development of new dwellings in and around the Footscray
      Business Centre.
•     To preserve exiting period buildings of a commercial nature in Barkly Street.
•     Generally require new developments to respect prevailing building heights,
      streetscape patterns and period ambience.
•     Generally require new developments to provide their share of the development
      of a safe, well lit and presented, sheltered pedestrian pathway system linking
      all parts of the centre with car parking and public transport, or a contribution
      towards infrastructure development.
•     Generally require new development to provide sufficient space for the storage
      of waste and off street loading /unloading of vehicle.

Although the development proposes new dwellings into Footscray Central, the
proposal must respect and contribute to the above design and infrastructure policy
provisions.

Clause 22.11 Cultural Heritage Policy

Within clause 22.11 Objectives, Strategies and Implementation it is policy to:

•     To preserve areas and sites which are the best expression of the city’s major
      commercial and residential growth era.




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ORDINARY MEETING AGENDA                                                 21 OCTOBER 2008



•     To encourage conservation and other works including maintenance,
      restoration, reconstruction and adaptation that assist in the restoration of
      original feature of heritage areas and places.

Clause 22.08 Potentially Contaminated Land

Within clause 22.08 Objectives, Strategies and Implementation it is policy to:

•     To achieve solutions to contamination problems which optimise the future use
      potential of land which may be contaminated.

No information has been provided about any investigation/testing regarding the
potential for contaminated soils and filled areas or former uses that may have had the
potential to contaminate the land.

Assessment under Clause 55 (ResCode)

Before deciding on an application, in addition to the decision guidelines in Clause 65,
the responsible authority must consider as appropriate the objectives, standards and
decision guidelines of Clause 55.

An application for two or more dwellings is ordinarily accompanied by an assessment
against Clause 55 of the Scheme, however it is noted that in this instance this
information was not provided by the permit applicant. Council Officers have formed a
preliminary view with regard to the key areas of non-compliance of ResCode. These
are outlined below:

1.    Neighbourhood character and built form
      •      Three storey building form.
      •      The lack of active pedestrian frontages.
      •      The prominence of garages at ground level.
2.    Integration with the street
      •      The lack of a pedestrian link on the eastern limit of the development site
             linking the central courtyard to Greenham Place.
3.    Landscaping
      •      The concept landscape plan does not appear to comply with the
             Maribyrnong Landscape Guidelines.
4.    Access and carparking
      •      Vehicle movements within the development appear to be inadequate.
      •      Inadequate carparking.

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ORDINARY MEETING AGENDA                                                21 OCTOBER 2008



      •      The internal width and length of garages provided at ground floor (for
             the proposed dwellings) are insufficient.
5.    Overlooking and Internal views
      •      Details of (any) screening have not been provided.
6.    Site services
      •      A revised waste management report is required to assess the amended
             development plans.

Department of Planning & Community Development (DPCD) Comment

Council Officers sought the views of the Urban Design Branch within the DPCD.

The recommendations contained in the letter prepared by the Department of
Planning and Community Development (DPCD) and dated 7 December 2007 have
been considered. A summary of the urban design advice provided by the DPCD is
outlined below:

•     In broad terms, the design approach, massing and scale of the proposal is
      considered to be acceptable.
•     The two-part massing of podium/tower arrangement to Barkly Street is
      supported, taking into account the existing scale and similar composition of
      the adjoining development.
•     In general terms and interpretation, we (DPCD) believe the height providing it
      is better aligned to be of a 10 storey scale with neighbouring development
      (Allegro Building) lies broadly within the intent of the Skyline Study.
•     The Footscray UDF identifies the importance of a new street connection from
      Crown Street through to Donald and Barkly Streets as a highly desirable
      component in the development of this site. Given the traffic access issues
      raised by the development proposal and the increasing high density residential
      nature of this section of Barkly Street, we strongly support this objective.
Independent Urban Design Advice

Williams Boag Architects (WBa) were engaged to undertake a review of the design
for the proposed development. A summary of their concluding remarks is outlined in
point form below:

•     The Footscray Skyline Study identifies 4 storeys as the recommended and
      appropriate height for the subject site.
•     The overall height proposed for the application is three times the height
      recommended in the Footscray Skyline Study.


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ORDINARY MEETING AGENDA                                                 21 OCTOBER 2008



•     The tower as proposed will cast a shadow 22 metres beyond the point where
      sunlight is desired at 12pm (this time is the best case), resulting in a
      substantial overshadowing condition on the date specified. At 9am and 3pm
      the overshadowing condition worsens.
•     The contribution to public amenity should be commensurate with the 22 metre
      overlap beyond the desired sunlight zone on the date specified. This ‘tradeoff’
      of greater height/public amenity is stipulated in the skyline study as the only
      basis for variation. The case has not been made to date.
•     A 10 storey tower set back approximately 25 metres from the frontage as
      shown could preserve the desired sunlight condition without requiring the
      applicant to provide a significant extra contribution to public amenity. We
      further note that this offset would also ameliorate the problems associated with
      positioning a new tower of approximately equivalent height directly alongside
      the existing, in terms of the resident’s access to longer views and light.
      However, simply moving a tower of 10 storeys, with the same north-south
      depth, further northwards would have other impacts and implications for the
      northern part of the subject site. These would need to be considered on their
      merits in the context of an adjusted design.

      The presence of the 10-storey tower to the west can be reasonably cited as a
      sound argument against the development of the subject site to the height
      proposed.

•     The creation of two adjacent towers of near equal height would not contribute
      to the creation of variety in the skyline.
•     We recommend the application include a new publicly accessible vehicular link
      allowing vehicle movement along the northern boundary of the site, effectively
      linking Crown Street to Hugh Street and Donald Street, as consistent with the
      FUDF.
      The applicant has not made a case for Council to ignore the recommendations
      of the Urban Design Framework. This fact, combined with the fact that the
      provision of the link would conform to generally accepted best practice.

•     We recommend a pedestrian link be created on the eastern limit of the
      development site, linking the central courtyard to Greenham Place.
•     Considering the views of DPCD Urban Design and Council’s independent
      Urban Design advice, a height parameter of between 5 to 10 levels is subject
      to a detailed design justification in addition to other relevant design matters,
      including traffic and parking consideration.




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Heritage

•     The development proposes the demolition of the Carroll and Douglas
      shopfront, which has been identified as a place of local significance. In my
      opinion (WBa) this should not be approved. The Heritage Overlay HO28
      associated with the shopfront should be respected to the extent that the
      shopfront is not demolished, but incorporated into a proposed redevelopment
      of the overall site, maintaining the richness and local character of the urban
      environment.

Council’s Heritage Advisor’s Recommendation

•     That the development proposal be refused in its current form, as the outcomes
      are contrary to the intent of the Heritage Overlay to conserve and enhance
      heritage places namely through the demolition of the significant place (Carroll
      and Douglas shopfront).
•     That the development proposal be refused in its current form, as the outcomes
      are contrary to the Policy Objectives of the Cultural Heritage Policy.
•     That any future development proposal includes the former Carroll and Douglas
      façade and shop front area to approximately 8.0 metres depth from the street
      boundary inclusive of the skillion roof and open web trusses that are
      significant elements of the heritage place.
•     That large scale development proposals for Barkly Street be considerate of
      the typically low scale buildings in the area and the impact on the heritage
      value and interpretation of the streetscape.
Note: Appropriate, heritage grounds have been included in the recommendation.

Footscray Skyline Study (adopted April 06)

Having regard to the Skyline Study it is noted that in considering heights above 4
storeys the following matters are to be examined:

•     Protecting shading to the south side of Barkly Street through to May 1.
•     The contribution to street life and community assets which can be seen to
      offset the loss of sunlight to the south side of the footpath.

The proposed development attempts to deal with the shadow onto the Barkly Street
frontage by splaying the Barkly Street frontage back, however it is noted that the
shadow references have not been referred to the 1 May, but rather than the equinox
(22 September). Objective 2.3 of the Guidelines for Higher Density Residential
Development (outlined below) suggests that public spaces (Barkly Street) should be
protected at the winter solstice.

                                       Page 37
ORDINARY MEETING AGENDA                                                 21 OCTOBER 2008




As mentioned above, it is not considered that sufficient justification has been
provided in relation to the proposed building height (13 storeys).

Guidelines for Higher Density Residential Development

The Guidelines for Higher Density Residential Development have been developed to
promote well designed higher density housing in activity centres and other strategic
redevelopment sites that are close to public transport. The Guidelines contain six
elements of design consideration, including:

•      Urban context
•      Building envelope
•      Street pattern and street-edge quality
•      Circulation and services
•      Building layout and design (height/massing)
•      Open space and landscape design.

The proposal fails to respond to the objectives that require consideration of local
policy and guidelines, particularly with regard to the building height, shadows and
circulation (traffic/pedestrian).

Footscray Urban Design Framework Plan (adopted Oct 99)

The Footscray Central Urban Design Framework (FUDF) supports multi-storey mixed
use developments as a means of improving the viability of the centre, and providing a
vibrant and interesting environment and proposes a number of sites in the centre and
environs which may accommodate commercial activity on the ground floor, and high
density residential development above.

Although the subject site is not specifically nominated, the strategic objective of
introducing high density residential development applies. The following development
recommendations are contained within the FUDF:

•      A roadway link from the Donald Street (ring road) to Crown Place north of the
       site should be provided for pedestrian and vehicular access/movement.
•      Development concepts around the ring road development should be three to
       five storeys in height, and achieve a secondary street link to provide
       alternative east–west vehicle and pedestrian access.
•      The potential development concept of a town house type and car park
       development occupying the Council car park, fronted by a street connection.


                                       Page 38
ORDINARY MEETING AGENDA                                                 21 OCTOBER 2008



The direction proposed, is to proceed with the development vision as shown in the
FUDF, as this provides for a better distribution of pedestrian and traffic movement.
No other information is available to date to counter the FUDF, and the development
is not unlike any other subdivision whereby developers provide land and develop
streets and roads to allow appropriate access.

The amended plans submitted to Council on 24 September 2008 partly comply with
the above policy direction, providing a 3 metre wide vehicular link from Crown Street
to Donald Street and Greenham Place. However, there is still concern with regard to
the width of the link road and the lack of formalised pedestrian pathway. Council
officers have referred this matter to Traffix Group (Traffic Engineers and Transport
Planners), who are preparing expert evidence.

Residential Density

The matter of intensifying this locality with residential accommodation is not disputed
considering Melbourne 2030 and the Transit City direction for Footscray, provided
that appropriate design criteria are achieved namely: height, high standard of urban
design, heritage, connectivity (vehicular and pedestrian), adequate parking and traffic
management.

Traffic Referral Comments

Traffix Group was engaged by Council to review the traffic and carparking impact
associated with the proposed development. A summary of their concluding remarks
is outlined in point form below:

•     The proposed development of 171 dwellings and 480m2 of retail area has a
      statutory parking requirement in accordance with Clause 56.06-5 of 380
      spaces.
•     There is a reasonable basis for a reduction of the car parking requirement
      having regard for a number of factors, as follows:
      §      State and local planning policies encouraging alternative transport
             modes such as public transport in Major Activity Centres and thus
             accepting lower car parking requirements.
      §      The site is located in close proximity of the central Footscray
             commercial areas, which provide convenient access to a range of
             everyday services.
      §      Bus, tram and train services are available in close proximity of the site.
      §      The availability of some on-street parking in the local area, although this
             parking is considered to be most suitable for short term visitor parking.
•     ABS data from the 2006 census indicates a lower level of car ownership for
      apartments in Footscray than would be expected in outer metropolitan areas.

                                       Page 39
ORDINARY MEETING AGENDA                                                 21 OCTOBER 2008



•     The proposal to provide 151 parking spaces is considered adequate parking
      for residents and traders (long-term parking) based on an empirical
      assessment, consideration of the site’s location, local and state planning
      policies and accessibility by alternative modes of transport.
•     The requirement for residential visitors’ on-street (in Hugh Street and Barkly
      Street as suggested by GTA Consultants) and within the Council car park may
      create adverse impacts in the local area and some level of residential visitor
      parking should be provided on-site within the main parking tower (say 10
      spaces).
•     A thorough review of the car parking layout and access arrangements should
      be undertaken.
•     The provision of 40 bicycle parking spaces as part of the development is
      considered to be appropriate, however additional bicycle parking provision
      along the site’s frontage to Barkly Street should be considered for customers
      of the retail tenancies and visitors to the residential development.
•     It is recommended that the applicant provide further information on the
      collection of waste from the site.
•     The proposed access arrangements are circuitous and consideration must be
      given to improving access options to the site.
•     The traffic generated by the proposed development will be within acceptable
      limits given the existing traffic volumes on the surrounding streets, and will not
      cause unacceptable adverse impacts at the surrounding intersections.
      However, as part of the development, a one-way eastbound link should be
      created between the east end of Crown Street and Hugh Street, and should
      include a separate pedestrian footpath.
•     An additional link through to Donald Street is not required as part of this
      development, however should be considered in a two-way arrangement as
      part of the redevelopment of the site bounded by Greenham Place, Barkly
      Street and Donald Street.

Preliminary advice from Traffix Group regarding the amended plans indicates that the
inclusion of a 3 metre wide Crown Street connection only partly achieves the intent of
the Footscray Urban Design Framework (FUDF).

Outstanding Issues

A summary of the main outstanding matters raised by Council Officers that were
included in a design issues letter provided to the applicant are outlined below:

•     Strategic and design justification for building height.
•     The recommendations of the Footscray Central Urban Design Framework (ie
      link road provision).

                                       Page 40
ORDINARY MEETING AGENDA                                                    21 OCTOBER 2008



•      The dominance of garages and the lack of active pedestrian frontages and
       pedestrian friendly movement within the development. Particular locations
       such as along Greenham Place and between the townhouses section and the
       apartment building were highlighted as areas which needed attention. There
       is potential for the laneway to be recreated with active frontages and more of a
       pedestrian function. This matter has not been addressed.
•      The Social Impact Assessment statement has not been submitted as part of
       the application.
•      The objectives and standards of Clause 55 apply to the proposed two- and
       three-storey townhouses. No Clause 55 assessment has been submitted to
       date.
•      The plans do not clearly illustrate whether Crown Street will be constructed
       and/or sealed. This matter is to be further clarified.
•      The recommendations provided by the submitted ESD report and waste
       management report are not completely reflected in the submitted plans.
•      No information provided regarding: wind climate assessment, reflectivity
       assessment or consideration of the Safer Design Guidelines for Victoria and
       Activity Centre Design Guidelines (as referred to in Clause 19.03-3 of the
       Scheme).
•      More detail is required in relation to the Neighbourhood and Site Description
       Plan and Urban Context Report.
•      Information relating to the availability of major physical infrastructure (water,
       sewerage, drainage, electricity, gas) to accommodate the proposal and any
       upgrades that may be required.
•      No information has been provided about any investigation/testing regarding
       the potential for contaminated soils and filled areas or former uses that may
       have had the potential to contaminate the land.
•      Details of building materials and finishes.

CONCLUSION

It is considered that the proposed development is inappropriate having regard to the
State and Local Planning Policy Frameworks, the Footscray Skyline Study, the
Footscray Central Urban Design Framework and the Guidelines for Higher Density
Residential Development.

The application does not provide sufficient justification for the proposed height of the
13 storey building, and does not adequately justify the massing and built form of the
residential building or the impact of the overall development on the surrounding area,
having regard to the matters discussed in this report.


                                        Page 41
ORDINARY MEETING AGENDA                                           21 OCTOBER 2008



OFFICER RECOMMENDATION/COUNCIL RESOLUTION:
That all interested parties be advised that had an Application for Review not
been lodged with the Victorian Civil and Administrative Tribunal, Council would
have issued a Refusal to Grant a Planning Permit No: TP700/2007 for the land
located at 234-240 Barkly Street, Footscray under the Maribyrnong Planning
Scheme for demolishing existing buildings, use of 58 two and three storey
dwellings, a 13 storey residential building comprising 113 dwellings, 3 retail
premises, a reduction in car parking and loading requirements on the following
grounds:

1.    The proposed development fails to adequately respond to its physical
      context because it:

      a.    Exceeds an acceptable height having regard to the Footscray
            Skyline Study and consequential adverse overshadowing.

      b.    Compromises the public realm adjacent to the development,
            including vehicular and pedestrian connectivity as recommended
            in the Footscray Urban Design Framework and compromises
            pedestrian amenity and walkability.

      c.    Provides an unsatisfactory relationship between certain dwellings
            and public areas.

      d.    Fails to provide adequate residential visitor car parking.

2.    The proposed development fails to consider all relevant matters under
      the Local and State Policy Framework and is contrary to relevant urban
      design objectives of the Planning Scheme.

3.    The proposed development has adverse impacts on the public and
      private realm through unreasonable overshadowing and the effect of
      building bulk.

4.    The proposed development fails to conserve the existing heritage
      shopfront element that contributes to the significance of the heritage
      place.

5.    For the matters discussed in the officer's assessment report the
      proposal should not be supported.

Moved by:        Cr Rice
Seconded by:     Cr Rossiter

CARRIED.



                                    Page 42
ORDINARY MEETING AGENDA                                                 21 OCTOBER 2008



9.1.3 URBAN PLANNING STATUS REPORT - OCTOBER 2008

File No:                        21102008
Attachments:                    Graphs
                                List of Planning Applications
Responsible Officer:            Mr John Luppino
                                General Manager Sustainable Development
Author:                         Jodi Whitehurst
                                PA - Sustainable Development


PURPOSE

The purpose of this report is to provide an update on Significant Applications,
Pending Appeals and Delegated Decisions, all of which are attached.

There was an increase in the number of applications lodged, number of active
applications and percentage of decisions made within 60 days. There was a
decrease in the number of applications determined.


OFFICER RECOMMENDATION/COUNCIL RESOLUTION:
That the Urban Planning Status report for October 2008 be noted.



Moved by:          Cr Sanli
Seconded by:       Cr MacDonald


CARRIED.




                                       Page 43
ORDINARY MEETING AGENDA                                                21 OCTOBER 2008




9.1.4 REDEVELOPMENT OF WHITTEN OVAL STATUS REPORT

File No:                        Whitten Oval
Attachments:                    Correspondence
Responsible Officer:            Mr John Luppino
                                General Manager Sustainable Development
Author:                         Lisa King
                                Manager Leisure and Open Space
                                John Karageorge
                                Manager Urban Planning

PURPOSE

This report is to provide Council with an update on the status of the resolutions
arising from the Council meeting held on Tuesday, 16 September 2008, in relation to
the Whitten Oval redevelopment.

BACKGROUND

On 5 August 2008, Maribyrnong City Council held a Special Council Meeting to
consider Council’s ongoing involvement in the Whitten Oval redevelopment.
Consideration of this matter arose from the Planning Scheme Amendment issued by
the Minister for Planning on 24 July 2008, and the subsequent public statements
made about this intervention by the Western Bulldogs Football Club (WBFC) Chief
Executive Officer and the Club President. At this Special Council Meeting, Council
resolved as follows:

1.    Council write to the Western Bulldogs Football Club requesting the club
      demonstrate, in writing within 21 days, the extent to which the redevelopment
      will deliver the outcomes Council was seeking on behalf of it’s community, as
      documented in the Project Management Plan, and additionally, provide
      independently audited financial statements in regard to the club’s ability to
      financially complete the project.

2.    Council seek an assurance from the Western Bulldogs Football Club that the
      club still intends to proceed with the proposed child care centre and that this
      commitment be demonstrated by signing the lease for the land and providing
      timelines for completion of the project, within 21 days.

3.    Council respond to the correspondence from the Minister for Environment and
      Climate Change, dated 22 July 2008, accepting the Minister’s offer to examine
      and amend the governing legislation and additionally, request the removal of
      Council as the Committee of Management of the Crown Land at Whitten Oval.

                                      Page 44
ORDINARY MEETING AGENDA                                                 21 OCTOBER 2008



4.    Council officers provide an update report on the status of the above
      recommendations at the Council Meeting on 16 September 2008.

5.    That Council write to the Premier of Victoria:

      •      Providing a copy of this report and resolution asking the reasons for the
             State Government’s actions and for assurances that the funding
             provided to the Western Bulldogs has been expended in accordance
             with the agreed project objectives

The report tabled at the Special Council meeting provided a history of the significant
financial and in kind support provided to the Footscray/Western Bulldogs Football
Club by the Footscray/Maribyrnong Council, and detailed concerns surrounding the
management and governance of the project.

At a subsequent meeting on 16 September 2008, Council resolved as follows;

1.    That Council officers provide an update report on the status of the resolutions
      of the Special Council Meeting of 5 August 2008, at the Ordinary Council
      Meeting on 21 October 2008.

2.    That Council write to the President of the Western Bulldogs Football Club
      congratulating the players, senior coach, associated coaching staff and
      administration on the successful on field season and extend Council’s best
      wishes and support for the remainder of the finals campaign.

POLICY CONTEXT

The Whitten Oval and Surrounds Master Plan was endorsed by Council in October
1999. This Master Plan provided the foundation from which to implement future
decisions regarding the development of the precinct. Council and the WBFC agreed
the Master Plan should be updated to bring it into line with the proposed
redevelopment.

At the Council Meeting on 20 September 2005, Council resolved to execute a Heads
of Agreement between Council and the WBFC with regard to the redevelopment of
the Whitten Oval. This agreement reinforced the parties’ cooperative relationship
and commitment to the redevelopment, outlined the various development and
funding obligations, and identified the need for a surrender of the existing lease and
an agreement for a new lease. It also outlined that Council would consider its
potential to make a commitment to the redevelopment upon receipt of a fully costed
concept plan and any supporting information.




                                       Page 45
ORDINARY MEETING AGENDA                                                  21 OCTOBER 2008



At the Council Meeting on 18 July 2006, Council considered requests from the
Footscray Football Club Ltd (WBFC) in relation to the redevelopment of the Whitten
Oval. This meeting resolved issues in relation to Council’s role as Committee of
Management of Crown Land, owner of freehold land, and project funding.

COUNCIL PLAN

Council’s vision in the 2006-2010 Council Plan is for “a thriving and caring community
actively celebrating its cultural diversity, its unique history, and working towards a
sustainable future where people enjoy safe and vibrant places and lead healthy and
productive lives”.

The Whitten Oval redevelopment is consistent with the strategic objective to
“contribute to the well being of the diverse Maribyrnong communities and to the
health and vitality of the city by ensuring access to community, leisure and cultural
facilities, programs and spaces.”

COMMUNITY, LEISURE AND CULTURAL FACILITIES SERVICES AND SPACES

Key Commitment Areas: Contribute to the wellbeing of the diverse Maribyrnong
                      communities and to the health and vitality of the City by
                      ensuring access to community and cultural facilities,
                      programs and spaces.

Strategy:                   Maximise the provision of high quality community,
                            sporting and cultural infrastructure services, programs and
                            spaces and encourage all Maribyrnong residents and
                            visitors to participate fully in everyday life.

STRATEGIC RESOURCE PLAN

No direct implications, although significant officer time has been dedicated to this
proposal.

SUSTAINABILITY IMPLICATIONS


COMMUNITY

The Whitten Oval redevelopment, through the establishment of a child care centre
and improved sporting facilities, will provide additional services for the community.

ENVIRONMENT

The WBFC has been requested to include environmentally sensitive design
principles into the redevelopment.


                                       Page 46
ORDINARY MEETING AGENDA                                                   21 OCTOBER 2008



ECONOMIC

The redevelopment of Whitten Oval will assist the WBFC in improving its financial
position.

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 community was consulted on the Whitten Oval redevelopment in July 2006,
when the initial planning application was submitted.

Because a significant change of use was proposed, a second planning application
was required and lodged in April 2008. Mid way through the statutory consultation
process for this application, the Minister for Planning intervened and assumed
control.

On Thursday 31 July, 2008, Council held a public meeting to discuss the Minister’s
intervention in the redevelopment. Over 80 people attended, with participants
expressing concern about the process and the potential for the Minister to exercise
this control in relation to other developments within the City of Maribyrnong.

Participants also raised concerns about the proposal, including car parking, amenity
issues and the possible implications of a Ministerial intervention in the application for
a gaming facility at Edgewater, which will be heard by VCAT.

DISCUSSION

Communication with Western Bulldogs Football Club

Following Councils resolution to write to the WBFC a response has been received to
the letter from Council’s Chief Executive Officer on 5 September 2008, requesting
further clarification and information in relation to the above matters. A copy is
attached.

Unfortunately the response did not adequately address any of Council’s issues and
further clarification was sought.

An email was received on 9 October 2008 with some further documentation relating
to the financial ability of the club to complete the project. Further financial
information was also received by email on 9 October 2008, which will need further
consideration.



                                        Page 47
ORDINARY MEETING AGENDA                                                   21 OCTOBER 2008



Communication with State Government

On 6 August, the Mayor wrote to the Minister for Environment and Climate Change,
accepting the Minister’s offer to examine and amend the governing legislation and,
additionally, request the removal of Council as the Committee of Management of the
Crown Land at Whitten Oval.

A letter from the Minister was received on 9 September. The Minister outlined a
process for Council to progress its intention to be removed as the Committee of
Management for the Crown Land. This process essentially involves creating a new
lease between the State Government and the Club under the Lands Act. The current
lease will need to be surrendered. The process after this will ultimately see the
repealing of the Footscray (Recreation Ground) Land Act. Following legal advice and
a meeting with a DSE representative, the Mayor sent a letter to the Minister on 30
September confirming Council’s request to be removed as Committee of
Management. The letter clarified that given the untenable situation Council has been
placed in following the intervention by the Minister for Planning, Council is unable to
exercise its statutory responsibilities in this matter. The letter also made it very clear
that Council’s agreement with any process to remove Council as Committee of
Management, and surrender of the current lease would be contingent on Council
being indemnified against any claim relating to the ownership of the buildings on site
and settlement of the $750,000 debenture, which is tied to the current lease.

On 7 August, the Mayor wrote to the Premier of Victoria:

•      Providing a copy of the Council report and resolution of 5 August
•      Asking the reasons for the State Government’s actions and for assurances
       that the funding provided to the Western Bulldogs has been expended in
       accordance with the agreed project objectives.

To date Council has still not received a response to this request.

Mortgage debenture

As mentioned above Council, in its letter to the Minister, made it very clear that any
process to surrender the current lease and creation of a new lease is conditional on
negotiating a settlement of the debt. Council has spent a significant amount of
community money on the club. This includes the $1.9 million upgrade of the John
Gent stand and the write off of all but $750,000. The issue of the debenture will need
to be discussed and clarified as part of any further negotiations and discussions.




                                        Page 48
ORDINARY MEETING AGENDA                                                 21 OCTOBER 2008



Council contribution to the redevelopment

The most recent correspondence from the club sought Council’s position on its
contribution to the redevelopment. Council has previously resolved to contribute up
to $1 million over 3 financial years towards the landscaping components of the
redevelopment, and that this would be delivered by Council as part of its capital
works program. Council’s position has not fundamentally changed since Council
agreed to make the contribution; this contribution was also based on commitments
made in the memorandum of understanding agreed between the club and Council.
Those commitments will need to be discussed with the club as it is unclear from the
correspondence if they will be met.

Western Region Football League

In a letter from the WBFC, Council was informed that agreement could not be
reached with the WRFL. The WRFL has informed Council that the offer was a 5 year
lease of $20,000 pa increasing 4% each year, for an area of 134 square metres.
Council had an expectation that as the WRFC is a community group they would not
be subject to a normal commercial lease. Council has been asked to work with the
AFL and WRFL to find an alternative home base for the WRFL, as the current
accommodation at Yarraville Oval is unsuitable

Responsible Authority under the Maribyrnong Planning Scheme

Following the intervention by the Minister for Planning, at the time of writing this
report, the plans have still not been endorsed for the Victoria University occupation of
the redeveloped John Gent stand. It is understood that the club has not yet
submitted the appropriate documentation.

Child care centre

The signed lease for the Child Care Centre has still not been returned. Council will
recall in October 2007, both parties, after extensive negotiation, and after Council
agreed to reduce the rental from market value to peppercorn, executed an “Outline of
Lease”. In the letter received on 29 August 2008, the WBFC has advised that the
club has a concern with the lease terms in addition to those previously agreed to.
Earlier this year the WBFC had raised a concern in relation to Council’s ability to
consider charging a commercial rent should the WBFC sublease the centre to a
commercial venture. This condition was originally agreed to in the “Outline of Lease”,
however we are unclear as to the concern that they have raised in their latest
correspondence where they refer to Councils “unfettered ability to unilaterally and
potentially substantially review the terms of the lease”. We will seek to understand
their interpretation of the lease and their concerns as this issue had not been raised
with Council during the “Outline of Lease negotiations”. The “Outline of Lease” was
expedited in good faith and to facilitate the commencement of works on site. At the
time of writing this report, works have not commenced on site.

                                       Page 49
ORDINARY MEETING AGENDA                                                21 OCTOBER 2008




This issue needs to be resolved. It will be recommended that the State Government
mediate for Council and the club to resolve the lease, as there is significant Federal
and State Government funding allocated towards the cost of the Child Care Centre.

RESOURCE IMPLICATIONS

Council has made an allocation of up to $1 million for the delivery of components of
the redevelopment that meet a demonstrable and identified need within the
Maribyrnong community. These funds have been budgeted for over three financial
years.

Council has also committed significant support to the project through officer time and
the waiving of permit fees.

CONCLUSION

There will be some further discussions resulting from the process of removing
Council as Committee of Management, and this will take some time. In regard to the
lease for the children’s hub, it is suggested that Council ask the State Government to
mediate the lease issue.

Council has been notified of a Project Control Group meeting to be held on 30
October. Council officers will be attending. Councillors will be updated on any
further developments following this meeting.

OFFICER RECOMMENDATION/COUNCIL RESOLUTION:
That:

1.   Council note this report.

2.   Council write to the State Government requesting mediation to resolve
     outstanding issues and finalise the lease for the children’s hub and
     progress the works.



Moved by:          Cr Cumming
Seconded by:       Cr Sanli

CARRIED.




                                       Page 50
ORDINARY MEETING AGENDA                                             21 OCTOBER 2008




9.1.5 ADOPTION OF ANNUAL REPORT 2007-2008

File No:                       FIN-30-007
Responsible Officer:           Mr John Luppino
                               General Manager Sustainable Development
Author:                        Bryan Stone
                               Manager Finance
                               Mary Ciliak
                               Corporate Planner

PURPOSE

The purpose of this report is to present the Maribyrnong City Council 2007-2008
Annual Report including the audited Standard Statements, Financial Statements, and
Performance Statement.

BACKGROUND

Section 134 of the Local Government Act 1989 requires Council to advertise the date
of the Council Meeting being held to discuss the Annual Report. The meeting was
advertised in The Star newspaper and on Council’s website. In accordance with the
Act, copies of the Annual Report and the Auditor’s Report have been made available
at the Town Hall for inspection.

POLICY CONTEXT


ANNUAL REPORT

The completion of the Annual Report and subsequent meeting to hear the Annual
Report is governed by the Local Government Act 1989.

COUNCIL PLAN

The 2006-2010 Council Plan commits us to accountability and transparency. The
Annual Report is one of the key accountability documents and informs the community
of Council’s performance during the 2007-2008 financial year.

STRATEGIC RESOURCE PLAN


FINANCIAL PLAN

The Annual Report is one of the key accountability documents and informs the
community of Council’s performance during the 2007-2008 financial year.

                                     Page 51
ORDINARY MEETING AGENDA                                                 21 OCTOBER 2008



SUSTAINABILITY IMPLICATIONS


COMMUNITY

Not applicable.

ENVIRONMENT

Not applicable.

ECONOMIC

Council’s Annual Report reports an end of year surplus of $8.413 million.

CONSULTATION

Relevant internal staff have been consulted during the preparation of this report.

DISCUSSION

The Local Government Act 1989 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.

Council now has the opportunity to discuss the report in this open meeting, and to
note and receive its contents.

Report of Operations

The report of operations must be prepared in accordance with section 131 of the
Local Government Act 1989.

Information prescribed by the Act includes (but is not limited to) a report on the
strategies and actions identified in the 2007-2008 Council Plan, major policy
initiatives, major capital works and changes to the organisation and governance of
Council.

Additionally there is a requirement for information in regard to the organisational
structure, services and management functions, statutory information and application
of Best Value principals in the planning and operational activities of Council.

The key part of the Report of Operations is the report on the status, or completion of
the 2007-2008 Council Plan actions/initiatives. Highlights of the 2007-2008 year
include:



                                       Page 52
ORDINARY MEETING AGENDA                                               21 OCTOBER 2008



Strategic and Major Projects

•     Completed Stage 1 Nicholson Street Mall redevelopment, and commenced
      Stage 2.
•     Developed Greening Footscray Strategy, committing to planting 1,865 new
      trees in central Footscray over the coming years.
•     Completed the Urban Design Framework for the Footscray Railway Station
      Precinct redevelopment –a joint project with DPCD.
•     Developed the Central West Structure Plan, incorporating an Integrated
      Transport Plan.
•     Exhibited several amendments, including the Bradmill site in Yarraville and
      Banbury Village in West Footscray.
•     Commenced restorations on Yarraville Community Centre.
•     Commenced construction of the Footscray Youth Centre.
•     Completed $300,000 upgrade works at children's centres.
•     Installed 14 separate 46,000 litre water tanks on sporting grounds.
•     Commenced Implementation of the Hansen Reserve Masterplan.
•     Installed three new public toilets (2 exceloos)
•     Playground update at Dobson Reserve
•     Scovell Reserve improvements.
•     Upgraded Braybrook Park.
•     Completed Graffiti Management Strategy 2008/2011.
•     Completed Essential Services upgrades to 58 Council buildings.

Universal Services (Snapshot)
•     Provided and delivered nearly 79,000 home delivered, café and centre based
      meals.
•     Provided home and community support for over 3007 frail and older residents
•     Provided programs and activities to 8410 young people
•     Provided over 5,500 immunisations
•     Organised or had active participation in over 30 Community events including
      Big West, Clean and Green, Braybrook Big Day Out, Taste of the West,
      Microchipping Days, Seniors Big Day Out and Battle of the Bands.
•     Planted 1,100 street trees.
•     Completed a review of the delivered meals program.

                                       Page 53
ORDINARY MEETING AGENDA                                              21 OCTOBER 2008



•     Provided over 245,000 hours of Family Day Care.
•     Introduced a free food allergens kit to the community.
•     Issued over 1250 building permits
•     Provided household refuse and recycling to 27,500 households
•     Welcomed over 2,200 visitors to our libraries
•     Ran over 160 different programs and events from our libraries and community
      centres
Transport/Traffic/Parking

•     Completed a 43-page submission in response to State Government East West
      Link Needs Assessment Study following extensive consultation process.
•     Contributed to State Government Bus Service Review which resulted in
      positive changes to existing bus routes.
•     Introduced a policy requiring all major developments to prepare a Integrated
      Transport Plan. Sites include Banbury Village, the Bradmill Site, and Banool
      Avenue.
•     Implemented Green Travel Plan for new developments.
•     Installed 4km of on road bicycle lanes

Advocacy/Partnerships/Funding

•     Implemented actions from the Braybrook Community Visioning Action Plan
      including:
      §      Commenced the redevelopment of the Braybrook Community
             Centre/Health Centre.
      §      Commenced implementation of Braybrook Park Masterplan (eg. new
             basketball court).
      §      Participated in the Braybrook Partnership project (executive/steering
             group meetings, planning session) – the project has been successful in
             receiving $100,000 funding from the Australian Research Council.
•     Developed Financial Literacy DVD for African communities.
•     In partnership with five Western Region Councils, launched the LeadWest
      DVD ‘Image and Perception of the West’.
•     Launched Western Region Economic and Industrial Development Strategy in
      partnership with the Western Region Group of Councils.




                                      Page 54
ORDINARY MEETING AGENDA                                                   21 OCTOBER 2008



New Initiatives

•      Developed CALD Communications Strategy 2008-2010.
•      Developed Carbon Neutral Policy and Community and Council Action Plans.
•      Developed Australia’s first Peak Oil Policy (for local government).
•      Completed draft Water Sensitive Urban Design Guidelines.
•      Employed Environmentally Sustainable Design officer.
•      Developed Gender and Local Governance Violence Prevention Action Plan.
•      Developed Community Mental Health Plan.
•      Developed Affordable Housing Strategy.
•      Developed a web based demographic information entitled ‘Maribyrnong
       Community Profile’.
•      Developed a street party policy and program.

The above 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.

The Annual Report is the key accountability document for Council. The report
provides information on the achievements against the 2007-2008 actions and a
summary of key projects and initiatives of Council.

Financial Statements

Council’s end of year result indicates a $8.413 million operating surplus resulting
from operations for the 2007-2008 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 $8.413 million result are as follows:

•      Contributed assets
•      Unspent grants
•      Projects not completed
•      Transfers to reserves.




                                        Page 55
ORDINARY MEETING AGENDA                                                  21 OCTOBER 2008



The total equity of the City as at 30 June 2008 was $647.740 million. This increase
is the result of the $8.413 million operating surplus, plus asset revaluation $82.410
million.

Council’s provisions for employee benefits amounts to $9.310 million and reserves
for the Mausoleum Trust of $470,000, developer contributions of $4.545 million and
Asset Investment Program of $5.038 million. All reserves and provisions are fully
funded.

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

The year end result is a surplus of $8.413 million.

CONCLUSION

Following the completion of the financial audit, and the issuing of the audit report by
the Auditor-General, the Maribyrnong City Council 2007-2008 Annual Report is
presented for consideration.

OFFICER RECOMMENDATION/COUNCIL RESOLUTION:

That Council note and receive the Maribyrnong City Council 2007-2008 Annual
Report and a copy be placed on Council’s website.

Moved by:          Cr Lynch
Seconded by:       Cr MacDonald

CARRIED.




                                        Page 56
ORDINARY MEETING AGENDA                                               21 OCTOBER 2008



9.1.6 AUDIT COMMITTEE MINUTES - SEPTEMBER 2008

File No:                        RSK-12-001
Responsible Officer:            Mr John Luppino
                                General Manager Sustainable Development
Author:                         Bryan Stone
                                Manager Finance


PURPOSE

This report is to update Council on the operations of the Audit Committee through the
provision of the most recently adopted Audit Committee minutes.

BACKGROUND

This report summarises the proceedings of the Special Audit Committee meeting
held on 26 August 2008, and the meeting held on 23 September 2008

POLICY CONTEXT

The Council must comply with the requirements of the Local Government Act (1989)
when reporting on Audit Committee operations.

COUNCIL PLAN

The 2006-2010 Council Plan affirms that Council's principle of ‘transparency’ means
Council will take responsibility for the decisions it makes, and hold itself open to
public scrutiny in light of those decisions.

STRATEGIC RESOURCE PLAN

“Council will implement consultative, review, audit and decision making mechanisms
that are based upon principles of transparency, access and equity and are in
accordance with all relevant legislation.”

SUSTAINABILITY IMPLICATIONS


COMMUNITY

Nil.

ENVIRONMENT

Nil.


                                      Page 57
ORDINARY MEETING AGENDA                                               21 OCTOBER 2008



ECONOMIC

Nil.

CONSULTATION

Not applicable.

DISCUSSION

The reporting requirements of the Audit Committee are outlined in Clause 2.4 of the
internal audit charter;

Reporting (Clause 2.4)

(m)    The Audit Committee shall after every meeting report on the activities of the
       Committee to the next ordinary meeting of the Council explaining any specific
       recommendations and key outcomes.

(n)    The Committee shall report annually to the Council summarising the activities
       of the Committee during the previous financial year.

To comply with this clause, the minutes of each meeting of the Audit Committee must
be submitted to Council following their adoption at the following Audit Committee
meeting.

RESOURCE IMPLICATIONS

No financial resource impact.

CONCLUSION

The minutes of the Special Audit Committee meeting of 26 August 2008, and the
meeting of 23 September, 2008 are attached for Council's information. There were
no specific recommendations requiring Council's attention.

OFFICER RECOMMENDATION/COUNCIL RESOLUTION:
That Council, having considered the minutes of the Special Audit Committee
meetings of 26 August 2008 and 23 September 2008, note this report.



Moved by:         Cr Lynch
Seconded by:      Cr Clarke

CARRIED.


                                      Page 58
ORDINARY MEETING AGENDA                                                 21 OCTOBER 2008




9.2   CORPORATE SERVICES

9.2.1 CODE OF MEETING PROCEDURE - PROPOSED AMENDMENT FOR THE
      ELECTION OF THE MAYOR

File No:                        CR001
Responsible Officer:            Ms Helen Morrissey
                                General Manager Corporate Services
Author:                         Catherine Grgic
                                Council Business Officer


PURPOSE

To report on the proposal to amend Schedule 1 of the Code of Meeting Procedure, in
regard to the election of the Mayor.

BACKGROUND

The Code of Meeting Procedure was adopted by Council in April 2001 (and updated
in 2007), to govern the conduct of meetings of Council and special committees, and
is a requirement of the Local Government Act 1989.

Schedule 1 (point 8) of the Code of Meeting Procedure currently stipulates that the
election of the Mayor (or Acting Mayor) is to be by secret ballot, and follow a process
of elimination specified in the Local Government Act 1989.

With a full municipal election being held in November 2008, it would seem prudent to
flesh out this part of the Code, by amending the process so the election of the Mayor
is conducted by a show of hands, as well as detailing the process of elimination
during the voting process.

POLICY CONTEXT

The Code of Meeting Procedure is created and governed in accordance with the
Local Government Act 1989.

COUNCIL PLAN

Community Engagement and Advocacy

We will provide every opportunity for the community to participate and be
involved, adopting multi approach community engagement tools, to ensure all


                                       Page 59
ORDINARY MEETING AGENDA                                                 21 OCTOBER 2008



groups have equal opportunities to participate and be involved in Council’s
decisions and advocacy.

•      Create opportunities for active participation in decision making and service
       delivery through developing a wide range of tools for engaging our diverse
       communities including the ‘hard to reach’ groups.


STRATEGIC RESOURCE PLAN


GOOD GOVERNANCE

Council will implement consultative, review, audit and decision making mechanisms
that are based upon principles of transparency, access and equity and are in
accordance with all relevant legislation.

SUSTAINABILITY IMPLICATIONS


COMMUNITY/ENVIRONMENT/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 Municipal Association of Victoria, the Department of Planning and Community
Development and the Victorian Electoral Commission were consulted regarding
Maribyrnong’s proposal to amend the Code of Meeting Procedure.

DISCUSSION

The preferred process at Maribyrnong has always been to elect the Mayor by a show
of hands. This is not reflected in the wording of the Code of Meeting Procedure. As a
result, it is recommended that the Code of Meeting Procedure be amended to reflect
current practice, but still allow for the ballot should Council decide otherwise.

Currently, the Code specifies that the election of the Mayor is conducted by secret
ballot, and follows the process of elimination as a specified in Part 3, Schedule 3 of
the Local Government Act 1989. This means it effectively follows the same process
as voting for, and electing, a candidate in a municipal election.



                                       Page 60
ORDINARY MEETING AGENDA                                                 21 OCTOBER 2008



Maribyrnong’s preferred method for the election of the Mayor (and indeed the
practice which has always been followed), is by a show of hands.

Attached is a detailed outline of the proposed amendment, plus the process for each
possible voting scenario.

It should be noted that the position of Deputy Mayor needs to be determined by
resolution of Council, and the process for electing a Deputy Mayor will follow the
same process as for the election of the Mayor.

RESOURCE IMPLICATIONS

Resource requirements are in accordance with existing budgetary allocation.

CONCLUSION

Should Council resolve to accept the proposed changes to the Code of Meeting
Procedure, in accordance with proper process, a notice will be placed in the Victoria
Government Gazette, and the Minister for Local Government, the Hon. Richard
Wynne MP, will be notified in writing, allowing for the changes to take effect at the
Statutory Meeting to be held on 3 December 2008.


OFFICER RECOMMENDATION/COUNCIL RESOLUTION:

That Council endorse the amendment to the City of Maribyrnong Code of
Meeting Procedure; that public notice be given via the Victoria Government
Gazette, and the Minister for Local Government be advised in writing and
forwarded a copy of the amendment.



Moved by:          Cr Rossiter
Seconded by:       Cr Sanli

CARRIED.




                                       Page 61
ORDINARY MEETING AGENDA                                                  21 OCTOBER 2008



9.3      INFRASTRUCTURE SERVICES

9.3.1 EXTENSION OF CLEARWAY TIMES

File No:                          TRT/30/018
Responsible Officer:              Mr Soma Thevarajan
                                  General Manager Infrastructure Services
Author:                           Roland Rozario
                                  Senior Transport Engineer


PURPOSE

The purpose of this report is to advise Council in relation to the extension of
Clearway times within the City of Maribyrnong.

BACKGROUND

As part of the ‘Keeping Melbourne Moving’ program, VicRoads has investigated peak
hour traffic movements across Melbourne. VicRoads proposes the following:

•     To extend morning Clearway times from 6.30am-9.30am to 6.30am-10.00am; and
•     To extend afternoon Clearway times from 4.00pm-6.30pm to 3.00pm-7.00pm.

These proposed changes are intended to:

•     Decrease confusion about Clearway times
•     Relieve peak period congestion and travel times by having vehicles parked in
      Clearways towed away
•     Improve travel times for road based public transport.

The ‘Keeping Melbourne Moving‘ program will standardize 160 Clearways within 10
kilometres of the Melbourne CBD.

AM Clearway changes will roll out progressively from August 2008, until the end of
2008. PM Clearway changes will follow at the start of 2009.

POLICY CONTEXT

Councils Integrated Transport Plan supports public transport efficiency on the road
network. This initiative forms a part of the State Governments Keeping Melbourne
Moving program.




                                        Page 62
ORDINARY MEETING AGENDA                                                 21 OCTOBER 2008




COUNCIL PLAN

Transport Planning and Management

Plan, implement and manage transport and parking systems for the City of
Maribyrnong that enables people to get around and arrive safely at their
required destination with minimal impact on community and the environment.

•     Advocate for fast, frequent safe and affordable public transport throughout the
      City.

•     Promote and support programs and initiatives that encourage sustainable
      transport.

•     Encourage active community participation in the decision making process for
      transport planning and implementation in Maribyrnong.

•     Plan for and manage an effective parking system for the city.


STRATEGIC RESOURCE PLAN


ASSET/COMMUNITY INFRASTRUCTURE MANAGEMENT

Good Governance

‘Council will implement consultative, review, audit and decision making mechanisms
that are based upon principles of transparency, access and equity and are in
accordance with all relevant legislation.’

SUSTAINABILITY IMPLICATIONS


COMMUNITY

It is expected many residents of the City of Maribyrnong will benefit from the
improved travel times, especially users of road based public transport.

ENVIRONMENT

The environment will benefit through reduced congestion, and therefore less pollution
and reduction in greenhouse gas emissions.

ECONOMIC

Shorter travel times equate to less fuel consumption and related economic benefits.

                                       Page 63
ORDINARY MEETING AGENDA                                                21 OCTOBER 2008



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

Given the political nature of this program, especially in municipalities with strip
shopping centres on arterial roads, VicRoads has undertaken the following
consultation:
• VicRoads welcomed submissions from the public (16 June to 14 July 2008)
• Several media releases have been issued
• A Clearways Implementation Reference Group was established to provide input
   on relevant issues. This group included representatives of small business,
   transport and local government peak bodies
• Information about the proposed extended Clearway times has been provided on
   the VicRoads website
• VicRoads will send letters to owners and occupiers of properties adjacent to
   Clearways advising of the changes to the Clearway times

Information sessions for Council officers have also been provided by VicRoads, both
at the VicRoads offices and on site at the Town Hall.

DISCUSSION

The Clearways in the City of Maribyrnong are summarised and listed below:
      Road                From                To         Side of     AM or PM
                                                          Road       Clearway
 Raleigh Road        Clyde Street       Wests Road         South       Both
 Raleigh Road        Wests Road         Hortense Street    North       Both
 Ballarat Road       Melon Sreet        Geelong Road       North       Both
 Ballarat Road       At River           Melon Street       South       Both
 Ashley Street       Sunshine Road      Western Hwy        West        Both
 Ashley Street       Western Hwy        Sunshine Road      East        Both
 Churchill Avenue    Ballarat Road      Ashley Street      East        Both
 Churchill Avenue    Ashley Street      Ballarat Road      West        Both
 Hampstead Road      Williamson Road    Mitchell Street    East        Both
 Hampstead Road      Mitchell Street    Williamson Road    West        Both
 Sunshine Road       Geelong Street     Ashley Street      North       Both
 Sunshine Road       Geelong Street     Ashley Street      South       Both
 Sunshine Road       Ashley Street      Quarry Road        North
 Williamstown Road   Somerville Road    Westgate Fwy       East        Both
 Williamstown Road   Somerville Road    Westgate Fwy       West        Both
 Geelong Street      Sunshine Road      Geelong Road       East        Both
 Geelong Street      Geelong Road       Sunshine Road      West        Both
 Wests Road          Raleigh Road       Williamson Road    East        Both
 Wests Road          Williamson Road    Raleigh Road       West        Both

                                       Page 64
ORDINARY MEETING AGENDA                                                 21 OCTOBER 2008



While many traders in strip shopping centres in other municipalities have expressed
concern about the effect of the extended Clearway times on their businesses, the
impact on shopping centres in the City of Maribyrnong is expected to be significantly
less. This is due to the fewer number of shops and businesses along roads with
Clearways.

RESOURCE IMPLICATIONS

Resource requirements are in accordance with existing budgetary allocation.
Council’s Parking and Local Laws team have been requested to enforce the
Clearways, as well as manage the towing of illegally parked vehicles. As Clearways
are already patrolled, there should be no further resource implications. However at
this stage, Council is not resourced to manage the tow away system.

Under the Road Management Act, Council is responsible for the sections of the road
reserve between the kerb and the property line. Therefore, after VicRoads initially
install the signs, the ongoing maintenance for the Clearway signs will sit with Council.
At a meeting with VicRoads officers, it was agreed that additional signs will be
installed under the Clearway signs, advising motorists of the contact details for towed
vehicles. The maintenance of these signs will also be the responsibility of Council.
The number of additional signs which Council is expected to maintain are not
considered to adversely affect resources.

CONCLUSION

As part of the ‘Keeping Melbourne Moving’ program, VicRoads proposes to:

•    Extend morning Clearway times from 6.30am-9.30am to 6.30am-10.00am; and
•    Extend afternoon Clearway times from 4.00pm-6.30pm to 3.00pm-7.00pm.

VicRoads has undertaken consultation with the community and has met with relevant
Council officers to discuss the program. The changes for the City of Maribyrnong are
not expected to have a detrimental affect on residential parking or commercial
interests.

OFFICER RECOMMENDATION/COUNCIL RESOLUTION:
That:

1.      That Council note the proposed changes to clearway times.
2.      Council write to VicRoads advising that it is not resourced to manage the
        tow away system.

Moved by:          Cr Lynch
Seconded by:       Cr Rice

CARRIED.
                                       Page 65
ORDINARY MEETING AGENDA                                                   21 OCTOBER 2008




9.3.2 TRUCK CURFEWS

File No:                         25076185
Responsible Officer:             Mr Soma Thevarajan
                                 General Manager Infrastructure Services
Author:                          Malcolm McDonald
                                 Coordinator Transport and Special Projects


PURPOSE

Council, at its meeting on 16 September 2008, requested a report regarding a
request to VicRoads and the Truck Operations Committee for:

1.    Night time and weekend curfews on through trucks for:

      •    Buckley Street
      •    Whitehall Street (north of Footscray Road)
      •    Moore Street (with an OD vehicle exemption)
      •    Ballarat Road
      •    Ashley Street
      •    Sredna and Dempster Streets
      •    Paramount Road
      •    Roberts Street.

2.    A review of the definition of local and through trucks for all streets subject to
      curfews and bans in the municipality.

This report outlines the process involved in an application to VicRoads and the Truck
Operations Committee, and discusses some of the issues involved.

BACKGROUND

Council has two streets that currently have truck curfews in place as follows:

1. Francis Street, Yarraville, between Cemetery Road and Whitehall Street.
2. Somerville Road, Yarraville, between Geelong Road and Whitehall Street.

The times for these curfews are 8.00pm–6.00am Monday to Saturday, and 1.00pm
Saturday to 6.00am Monday.

The operation of No Truck Signs is described in Rule 104 of Road Rules Victoria, as
follows:


                                       Page 66
ORDINARY MEETING AGENDA                                                  21 OCTOBER 2008



“The driver (except the driver of a bus) must not drive past a no trucks sign that has
information on it unless the driver has been issued by the Corporation (VicRoads)
with a permit authorising the vehicle to be on the road at that time.”

Certain vehicles with exemptions from VicRoads are, however, permitted to “break”
the curfew due to operational or locally generated requirements, as has been the
case in Francis Street where a broader definition of “local” has been applied.

The curfews are slightly different to the ”No Truck” signs that are erected on many
residential streets, to protect those areas from heavy commercial arterial road traffic
from traversing residential streets, in that they only apply to certain days and hours.

Enforcement of the curfews is undertaken by VicRoads through their regional
Transport Safety Services, located in Sunshine. Heavy vehicle roadworthiness,
mass, dimensions, prosecutions, and industry liaison is also undertaken by that
department.

No Truck Signs are classed as a “Major Traffic Control Item” under the Road Safety
(Road Rules) Regulations 1999 as amended, and as such require VicRoads consent
to erect.

The Minister for Roads and Ports, Mr Tim Pallas MP, advised Council in May 2008
that VicRoads Transport Safety Service officers continue to actively monitor the truck
curfews for Francis Street and Somerville Road, with 53 infringements being served
for Francis Street and 183 infringements for Somerville Road in the 14 month period
March 2007 to April 2008.

POLICY CONTEXT


COUNCIL PLAN 2006-2010


COUNCIL PLAN

Transport Planning and Management

Plan, implement and manage transport and parking systems for the City of
Maribyrnong that enables people to get around and arrive safely at their
required destination with minimal impact on community and the environment.

•      Advocate for the creation of freight routes to the Melbourne Ports that do not
       adversely affect the Maribyrnong community.

•      Encourage active community participation in the decision making process for
       transport planning and implementation in Maribyrnong.


                                       Page 67
ORDINARY MEETING AGENDA                                                    21 OCTOBER 2008



STRATEGIC RESOURCE PLAN


ASSET/COMMUNITY INFRASTRUCTURE MANAGEMENT

Good Governance

“Representing and advocating on behalf of the community in a transparent and
responsible manner.”

SUSTAINABILITY IMPLICATIONS


COMMUNITY

Sustainable solutions to the management of the movement of freight is an ever
increasing issue for the community, and the answers may lie in the provision of
substantial strategic transport infrastructure to create alternative viable freight routes
and modes, such as rail.

ENVIRONMENT

The creation of an improved environment will continue to be challenged by the
substantial increases in freight predicted over the next 20 years. Strategic
sustainable transport solutions must be sought to lessen these environmental
demands including pollution, amenity and road safety issues.

ECONOMIC

The movement of freight has a close link to economic development and viable
solutions need to be sought to address the challenges predicted in the next 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.

CONSULTATION

Community consultation and liaison with industry is required as part of the application
to VicRoads. The Truck Operations Committee will carefully evaluate both the pros
and cons raised by the community and interested parties to any proposal that will
change the profile of heavy commercial vehicles using individual streets, and any
subsequential effect on the arterial or local road network.




                                         Page 68
ORDINARY MEETING AGENDA                                                   21 OCTOBER 2008



DISCUSSION

The VicRoads process for an application for No Truck restrictions involves the
following:

1. Development of a route map with adjacent road network and alternative routes
   identified
2. Traffic volumes including commercial vehicles over a minimum seven day period
3. Accident data over a 5 year period
4. Details of proposed treatments and their impact upon the network and any
   ancillary services such as deliveries, service vehicles, garbage collection vehicles,
   etc.
5. Details of community consultation
6. Detailed photographic evidence
7. Existing road conditions
8. Road Safety Audits
9. Review process involving follow up counts and evaluation.

A key component of the success of any application, such as was experienced in the
introduction of limitations to heavy commercial vehicles through key streets in the
Footscray CAD in April 2007, is the availability of viable alternative routes that can
not only be identified, but are suitable for handling the additional truck loadings.

For streets such as Buckley Street, Moore Street, Ballarat Road, Ashley Street,
Sredna Street, Dempster Street and Paramount Road, the availability of viable
alternative routes is currently very limited or non existent. For Whitehall Street, north
of Napier Street and Roberts Street, there is some opportunity for alternative routes
for heavy commercial vehicles.

Based upon this scenario, until the strategic transport issues and infrastructure
solutions such as listed in the recommendations of the East West Link Needs
Assessment (Eddington Study) come to fruition, the likelihood of a successful
application for truck curfews on the streets listed would be very remote.

The Eddington Truck Action Plan, if adopted and implemented, will result in truck
bans on some of the streets listed.

Some guidance will, however, be available to Council in the release of the
Government’s Transport Plan in December of this year, as to the strategic intent of
Government in managing the ever increasing freight task and the subsequent effect
on local communities.

RESOURCE IMPLICATIONS

•      There are no resource implications associated with this report.
•      Significant resources would be required if various truck curfews proceeded.
                                        Page 69
ORDINARY MEETING AGENDA                                                      21 OCTOBER 2008



CONCLUSION

The introduction of truck curfews are controlled by VicRoads as part of the Road
Safety (Road Rules) Regulations 1999 as amended. In assessing applications, a
detailed process must be followed that can take considerable time and resources.

The availability of viable alternative routes is a key part of the evaluation. Of the
roads listed, the availability of suitable alternative routes is currently very limited or
non existent at all.

The likelihood of a successful application to VicRoads for truck curfews on these
roads would appear to be limited.

OFFICER RECOMMENDATION:
That:

1.     Council write to the Minister for Roads and Ports and to VicRoads,
       outlining Council’s concern regarding excessive night time and weekend
       road freight movements on the following streets:

       •   Buckley Street
       •   Whitehall Street (north of Footscray Road)
       •   Moore Street (with an OD vehicle exemption)
       •   Ballarat Road
       •   Ashley Street
       •   Sredna and Dempster Streets
       •   Paramount Road
       •   Roberts Street.

2.     Council request that this issue be addressed in the State Government’s
       Transport Plan to be released in December 2008.


COUNCIL RESOLUTION:
That:

1.     Council write to the Minister for Roads and Ports and to VicRoads:

              a. Outlining Council’s concerns regarding night time and
                 weekend road freight movements on the following streets:

                  •   Buckley Street
                  •   Whitehall Street (north of Footscray Road)
                  •   Moore Street (with an OD vehicle exemption)
                  •   Ballarat Road
                  •   Ashley Street

                                          Page 70
ORDINARY MEETING AGENDA                                           21 OCTOBER 2008



               •    Sredna and Dempster Streets
               •    Paramount Road
               •    Roberts Street.
               •    Williamstown Road

            b. Requesting VicRoads to review their definition of a local truck
               for the purposes of truck movements one each of these roads.

            c. Requesting VicRoads to undertake traffic counts along these
               roads as would be required for any truck curfew application to
               VicRoads.

            d. Requesting consideration of a daily cap for tolls for trucks
               using City Link.

            e. Requesting this issue be addressed in the State Government’s
               Transport Plan to be released in November/December 2008.

2.    That a further report be prepared for Council by March 2009 on the
      outcomes of these actions.

Moved by:          Cr Rice
Seconded by:       Cr Lynch
CARRIED.




                                   Page 71
ORDINARY MEETING AGENDA                                                  21 OCTOBER 2008




9.3.3 NEWSOM STREET PEDESTRIAN BRIDGE

File No:                         RDS/40/005
Responsible Officer:             Mr Soma Thevarajan
                                 General Manager Infrastructure Services
Author:                          Gary Balcam
                                 Manager - Infrastructure Planning and
                                 Construction


PURPOSE

The purpose of this report is to update Council on the status of the Newsom Street
Pedestrian Bridge, which was closed due to safety concerns on 27 June 2008 and to
seek approval for funding of the repair works.

BACKGROUND

Newsom Street Pedestrian Bridge was constructed in 1994/95. This is a timber
laminated arch bridge which spans approximately 68 metres across the Maribyrnong
River. The bridge has the main span and two approach spans. Following
construction of the bridge, Moonee Valley City Council assumed maintenance and
management responsibilities with a 50% contribution from Maribyrnong Council.

Defects were identified during a routine inspection, requiring a further detailed
inspection. The detailed inspection on 24 June 2008 revealed a high level of
deterioration and delamination of timber beams that form the main span.
Subsequently, the bridge was closed on 27 June 2008.

POLICY CONTEXT

This issue is governed by the Local Government Act 1989 and other relevant road
management legislation.

COUNCIL PLAN

Amenity and Natural Environment

Improve the amenity of the city by creating and promoting vibrant people
oriented public spaces which enhance the natural and built environment.

•      Plan for the continuous upgrade and maintenance of Council's assets,
       property and infrastructure to meet the community's needs.



                                        Page 72
ORDINARY MEETING AGENDA                                                  21 OCTOBER 2008



STRATEGIC RESOURCE PLAN


ASSET/COMMUNITY INFRASTRUCTURE MANAGEMENT

Council is committed to maintaining key assets throughout the municipality, and this
bridge is used particularly by recreational users, and is considered an important and
unique structure to the municipality.

SUSTAINABILITY IMPLICATIONS


COMMUNITY

The community, particularly recreational users have benefited greatly from the
access this bridge provides.

ENVIRONMENT

This bridge encourages recreational use and its purpose of providing a pedestrian
link across the Maribyrnong is of benefit to the community and environment.

ECONOMIC

Due to the unique design of the bridge the costs to rehabilitate are substantial.

HUMAN RIGHTS CONSIDERATION

Not applicable.

CONSULTATION

Once the defects were identified, and the bridge was deemed unsafe for use, Council
immediately began joint investigations with Moonee Valley City Council to explore all
available options.

Once the bridge was closed, signage was installed and information about alternative
river crossings displayed. Signs advising of the closure were also in place
throughout the surrounding area and approaches to the bridge.

Council issued a Media Release and letters were sent to all residents in the
immediate area explaining the closure.

DISCUSSION

Pitt & Sherry, consulting engineers, were appointed to investigate options for
rehabilitation of the bridge. Council has now received their draft report containing two
options for Council’s consideration:

                                       Page 73
ORDINARY MEETING AGENDA                                                  21 OCTOBER 2008




Option 1 – Repair Works

Repair works would involve the installation of bolts through the centre of the beam
cross section to tie the laminates together. This is expected to strengthen the bridge
to its original condition. The cost of these repairs to the main span and approach
spans is estimated at $200,000.

Following the installation of the bolts, it is recommended that a system of flashing be
installed to protect the beam from weather. The estimated cost for this flashing
system is $350,000.

Once repaired, the structural capacity of the bridge would be similar to when it was
first constructed. A timber bridge exposed partially to the environment can be
expected to last approximately 50 years. The capacity of the bridge is less than the
current bridge design code (AS5100) requirements, but appears to be in keeping with
the codes at the time it was built. It also has a reasonable factor of safety against
failure when maintained in good condition. The repair works could take between 4-6
months for design, tendering and completion.

Option 2 – Replacement of main span

Replace the main span with a similar shaped structure using steel beams, at an
estimated cost of $1.3 million. In addition, the two side spans will require repair work
estimated at $250,000. Design and tender for these works could take from 8-12
months to completion. A bridge designed in accordance with current bridge design
code (AS5100) are designed for a life of 100 years.

If there is found to be any movement in the abutments, additional strengthening may
be required which would add a further $100,000 to whichever option is chosen.

In summary, the total cost of repair works in option 1, including abutment works is
estimated at $650,000, whereas option 2 – the replacement of main span including
repairs to side spans and abutment is estimated at $1.65 million.

Following discussions with Moonee Valley City Council, it is considered that the most
appropriate course of action would be to proceed with the repair of the bridge (option
1), in two stages:

Stage 1
Installation of bolts for the whole bridge including provision of brackets top and
bottom for fixing of flashing system at a cost of approximately $200,000 in the current
financial year. These works would enable the bridge to be re-opened to the public.




                                        Page 74
ORDINARY MEETING AGENDA                                                21 OCTOBER 2008



Stage 2
Budget for flashing to be installed in 2009-2010 financial year at approximately
$350,000.
Budget for improvements to abutment if necessary, estimated at $100,000.

RESOURCE IMPLICATIONS

Funding for repairs to the Newsom Street Pedestrian Bridge was not included in the
2008-2009 budget, as the extent of the problem was not identified before the budget
process was finalised.
Due to the urgency of these works, funding would need to be sourced from Council’s
Capital Works Program. Maribyrnong Council’s contribution for Stage 1 works is
estimated at $100,000 (50% contribution). This could be achieved either by delaying
a project or from savings from a number of projects.

Stage 2 works would require a contribution of approximately $225,000 from
Maribyrnong Council which would need to be provided through the 2009-2010
budgetary process.

CONCLUSION

The Newsom Street Pedestrian Bridge is heavily used, especially by recreational
users and highly valued, so it would be Councils aim to repair and re-open the bridge
as soon as possible.

Consulting engineers, Pitt and Sherry, have recommended that the most appropriate
option appears to be option 1 – repair of bridge beam, with stage 1 to be undertaken
in this financial year to enable the bridge to be re-opened to the public.

OFFICER RECOMMENDATION:
That:

1.   As recommended by consulting engineers Pitt and Sherry, Council agrees
     to undertake the repair works to the existing bridge beams.

2.   Council authorises the Chief Executive to source the funding of repair
     works through the current Capital Works Program 2008-2009, to enable
     the Newsom Street Pedestrain Bridge to be re-opened to the public as
     soon as practicable.

3.   Council provide further funding through the 2009-2010 budgetary process
     to enable completion of the repair works.




                                       Page 75
ORDINARY MEETING AGENDA                                          21 OCTOBER 2008




COUNCIL RESOLUTION:
That:

1.   As recommended by consulting engineers Pitt and Sherry, Council agrees
     to undertake the repair works to the existing bridge beams.

2.   Council authorises the Chief Executive to source the funding of repair
     works through the current Capital Works Program 2008-2009, and to
     advise Councillors of the source of funds, to enable the Newsom Street
     Pedestrain Bridge to be re-opened to the public as soon as practicable.

3.   Council provide further funding through the 2009-2010 budgetary process
     to enable completion of the repair works.

Moved by:        Cr MacDonald
Seconded by:     Cr Clarke

CARRIED.




                                   Page 76
ORDINARY MEETING AGENDA                                                    21 OCTOBER 2008



9.4    CHIEF EXECUTIVE OFFICER

9.4.1 DELEGATES REPORTS SEPTEMBER - OCTOBER 2008

File No:                          21/10
Responsible Officer:              Ms Kerry Thompson
                                  Chief Executive Officer
Author:                           Brooke Hobson
                                  Council Relations Officer


PURPOSE

The purpose of this report is to hear delegates’ reports for the period 10 September
to 14 October 2008.

BACKGROUND

Councillor participation in peak associations, local and regional forums and specific
issues committees are 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 Councillors’ role as a delegate on these committees is to represent the position
of Council and report 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 their
attendance at the committee at which they represent.

COUNCIL PLAN

Community Engagement and Advocacy

We will provide every opportunity for the community to participate and be
involved, adopting multi approach community engagement tools, to ensure all
groups have equal opportunities to participate and be involved in Council’s
decisions and advocacy.

•      Become strong advocates by strengthening partnerships with community
       groups, agencies and service providers on matters of community interest.


                                          Page 77
ORDINARY MEETING AGENDA                                                21 OCTOBER 2008



•      Create opportunities for active participation in decision making and service
       delivery through developing a wide range of tools for engaging our diverse
       communities including the ‘hard to reach’ groups.


STRATEGIC RESOURCE PLAN


GOOD GOVERNANCE

Council representation of committees is an important governance role. For reasons
of accountability and transparency, it is important that reports for delegates are
tabled at Council meetings.

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 are the reports from delegates for the period of 10 September to 14
October 2008.

RESOURCE IMPLICATIONS

There are no resource implications associated with this matter.




                                        Page 78
ORDINARY MEETING AGENDA                                            21 OCTOBER 2008



CONCLUSION

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

OFFICER RECOMMENDATION/COUNCIL RESOLUTION:

That the delegates’ reports for 10 September to 14 October 2008 be received
and noted.

Moved by:         Cr Cumming
Seconded by:      Cr Rossiter

CARRIED.




                                      Page 79
ORDINARY MEETING AGENDA                                             21 OCTOBER 2008



9.5   NOTICE OF MOTION

9.5.1 STREET TREES

File No:                        21/10
Responsible Officer:            Ms Kerry Thompson
                                Chief Executive Officer
Author:                         Brooke Hobson
                                Council Relations Officer


PURPOSE

The following Notice of Motion has been submitted in accordance with the
Governance Local Law and Code of Meeting Procedure.

RECOMMENDATION:
That Council hear the following Notice of Motion:

NM07/192 – Cr Rice

Street Trees

That Council receive a report no later than February 2009, regarding a program
of entering into formal arrangements with residents regarding watering, and
potential planting of street trees.

The report would cover: -
-     Costs, management and marketing of such a scheme
-     Experience of similar schemes operating in other municipalities
-     Potential of such a scheme to allow more street trees to be planted each
      year for a given street tree budget.

COUNCIL RESOLUTION:

That Council receive a report no later than February 2009 regarding boosting
Council's "Adopt a Tree' program to include a program of entering into formal
pledge arrangements with residents regarding watering, and potential planting
of street trees.




                                        Page 80
ORDINARY MEETING AGENDA                                           21 OCTOBER 2008



The report would cover:

   -   costs, management and marketing of a more significant community
       engagement program regarding street tree maintenance and possible
       planting;
   -   experience of similar schemes operating in other municipalities;
   -   potential of such a scheme to allow more street trees to be planted each
       year for a given street tree budget.

Moved by:         Cr Rice
Seconded by:      Cr Cumming

CARRIED.




                                    Page 81
ORDINARY MEETING AGENDA                                             21 OCTOBER 2008



9.5.2 VICTORIA POLICE AND A SAFER COMMUNITY

File No:                       21/10
Responsible Officer:           Ms Kerry Thompson
                               Chief Executive Officer
Author:                        Brooke Hobson
                               Council Relations Officer


PURPOSE

The following Notice of Motion has been submitted in accordance with the
Governance Local Law and Code of Meeting Procedure.


RECOMMENDATION/COUNCIL RESOLUTION:
That Council hear the following Notice of Motion:

NM07/193 – Cr MacDonald

Victoria Police and a Safer Community

That the Mayor write to Commander Trevor Carter and Inspector Ian Geddes,
thanking them for a productive meeting on 6 October 2008, and reaffirming
Council's commitment to work in partnership with Victoria Police for a safer
community.

Moved by:         Cr MacDonald
Seconded by:      Cr Rossiter

CARRIED.




                                       Page 82
ORDINARY MEETING AGENDA                                            21 OCTOBER 2008



10    URGENT BUSINESS

COUNCIL RESOLUTION:
That Council hear an item of urgent business relating to Victoria University.

Moved by:         Cr Cumming
Seconded by:      Cr Clarke

CARRIED.

Item 1 – Victoria University


COUNCIL RESOLUTION:

That Council write to Victoria University requesting a meeting to discuss the
proposed staff cuts at the university and the impacts of the loss of local jobs in
this municipality and the Western Region.

Moved by:         Cr Sanli
Seconded by:      Cr Rice

CARRIED.




                                     Page 83
ORDINARY MEETING AGENDA                                           21 OCTOBER 2008



11     CONFIDENTIAL BUSINESS
Nil.

12     MEETING CLOSURE
As there was no further business, the meeting closed at 8.50pm.




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