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Melbourne City Council
MINUTES
Meeting Number 17
Tuesday, 24 November 2009
5pm
PRESENT
Lord Mayor, Robert Doyle
Deputy Lord Mayor, Susan Riley
Councillor Peter Clarke
Councillor Carl Jetter
Councillor Jennifer Kanis
Councillor Kevin Louey
Councillor Cathy Oke
Councillor Ken Ong
Councillor Brian Shanahan
To be confirmed at the meeting of Council on 15 December 2009.
1. COMMENCEMENT OF MEETING AND APOLOGIES
The meeting commenced at 5pm.
The Chair, Lord Mayor, Robert Doyle, read the following acknowledgment statement:
I welcome Councillors, Management and members of the public in attendance to the City of
Melbourne. We respectfully acknowledge that we are meeting on the traditional land of the Kulin
Nation. This special place is now known by its European name of Melbourne. Today, Melbourne
is one of the great multicultural cities of the world, a significant meeting place. For the great
Kulin Nation, Melbourne has always been an important meeting place and location for events of
social, educational, sporting and cultural significance.
The Chair, Lord Mayor, Robert Doyle, advised that:
• the agenda comprised 12 Reports from Committees, three of which were confidential, and one Report from
Management; and
• no apologies had been received.
2. DISCLOSURES OF CONFLICTS OF INTEREST
The Chair, Lord Mayor, Robert Doyle, advised that conflicts of interest would be disclosed as they arose.
3. CONFIRMATION OF THE MINUTES OF THE PREVIOUS MEETING
Moved: Cr Ong
That the minutes of open meeting No 16, held on Tuesday, 27 October 2009, be confirmed.
Seconded: Deputy Lord Mayor, Susan Riley
Carried unanimously.
4. MATTERS ARISING FROM THE MINUTES OF THE PREVIOUS MEETING
There were no matters arising from the open minutes of the previous meeting.
5. REPORTS FROM COMMITTEES
ITEMS OF CORRESPONDENCE
The Chair, Lord Mayor, Robert Doyle, advised that an item of correspondence had been received in accordance with
the Council’s Conduct of Meetings Local Law 2001 in relation to Agenda Item 6.1, “Planning Scheme Amendment
C125” from Ian McP Pitt, Special Counsel, Best Hooper Solicitors.
The Chair, Lord Mayor, Robert Doyle, further advised that correspondence had been received by Cr Louey from Dr
Kia Pajouhesh, Chairman of the Manchester Unity Building in relation to Agenda Item 5.1, “Howey Place,
Melbourne – Extension to Intermittent Closure”.
STATUS OF CONFIDENTIAL ITEM
There were no confidential items brought forward for consideration in the open session of the meeting.
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CONNECTED CITY COMMITTEE
5.1. Howey Place, Melbourne – Extension to Intermittent Closure
The purpose of this report was to recommend that the intermittent closure of Howey Place, Melbourne be extended
in order to facilitate increased outdoor dining opportunities for the cafés that are currently operating along Howey
Place and Presgrave Place, and to generally improve pedestrian amenity in this area.
In response to questions raised by Councillors, the Manager Engineering Services, Geoff Robinson, made the
following comments:
• the correspondence received from Dr Pajouhesh was emailed to Council two weeks after the item had been
considered at the 10 November 2009 Connected City Committee;
• the matter had been through the usual statutory process with an advertisement being placed in The Age and
on Council’s website in April;
• a mail out was undertaken of 830 letters to surrounding properties and it was identified that no submissions
were received from Presgrave Place, which runs off Howey Place, and as a result a further mail out of another
100 letters was undertaken;
• nine submissions were received with seven objecting to the proposal and two in support of the proposal;
• the Committee of Management for the Manchester Unity Building made no representation at the Submissions
(Section 223) Committee meeting held in August;
• the change of the meeting date was placed on Council’s website and a public notice being placed in the notice
board located at the front of the Town Hall Administration Building; and
• Council could resolve to close Howey Place and apply a permit process to address access concerns of the
Manchester Unity Building Committee of Management.
Discussion ensued in relation to the access concerns raised by the Manchester Unity Building Committee of
Management and how best to address the issues.
Moved: Cr Louey
1. That Council:
1.1. approve the extension of the intermittent closure of Howey Place, Melbourne to
vehicular traffic from the current 11am to 4pm, Monday to Friday to 10am to 4pm,
Monday to Sunday as shown on the attached locality plan number 8P1710
(Attachment 1 of the Committee report) to include access provisions for the
Manchester Unity building without further costs to the Committee of Management;
and
1.2. notify in writing every person who has lodged a separate submission of the decision
and reason/s for the decision.
Seconded: Cr Clarke
Carried unanimously.
5.2. Proposal to Amend Road Management Plan
The purpose of this report was to seek approval of the proposal to amend Council’s Road Management Plan and to
commence the public notice process as required under the provisions of the Road Management (General)
Regulations 2005.
Moved: Cr Louey
1. That Council:
1.1. in accordance with regulation 303 of the Road Management (General) Regulations
2005 (“the Regulations”) propose to amend its Road Management Plan (“the
proposed amendment”) by:
1.1.1. defining the categories of roads to which the Road Management Plan applies;
1.1.2. broadening the range of assets managed under the Road Management Plan;
1.1.3. varying the frequency of inspections of roads and footpaths; and
1.1.4. varying the response times for undertaking repairs to identified defects;
1.2. authorise the Administration to prepare and give public notice of the proposed
amendment in The Age and the Victorian Government Gazette;
1.3. in accordance with regulation 303(1)(d) of the Regulations, appoint the Manager
Engineering Services to:
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1.3.1. consider any submissions received in relation to the proposed amendment;
and
1.3.2. if submissions are received, report back with recommendation to the Council
through the Connected City Committee; and
1.4. note that if no submissions are received, the proposed amendment will be made
under delegation.
Seconded: Cr Ong
Carried unanimously.
PLANNING COMMITTEE
5.3. Application for Planning Permit TP-2009-357: 87-101 Roden Street, West Melbourne
The purpose of this report was to provide advice in relation to a planning permit application to demolish an existing
building and construct a four and six storey building for 92 dwellings with a partial car parking waiver.
Moved: Cr Clarke
1. That Council determine to issue a Notice of Decision to Grant a Permit subject to the
conditions at Attachment 1 of the Committee report with the following amendments:
1.1. that the six storey component be reduced to four storeys;
1.2. that the total number of units not exceed 74;
1.3. that the distance between the two residential towers be increased to nine metres; and
1.4. that the applicant consider amelioration measures to reduce the impact of the exiting
vehicles from the car park.
Seconded: Cr Shanahan
The motion was put and carried with the Chair, Lord Mayor, Robert Doyle, Deputy Lord Mayor, Susan Riley and
Councillors Clarke, Jetter, Louey, Oke and Shanahan voting in favour of the motion and Councillors Kanis and Ong
voting against the motion.
5.4. Melbourne Planning Scheme Amendment C133 – Maximum Car Parking Rate for Residential
Developments
The purpose of this report was to recommend the adoption of Melbourne Planning Scheme Amendment C133 –
maximum car parking rate for residential developments and submit the adopted amendment to the Minister for
Planning.
Moved: Cr Clarke
That Council refer consideration of this item to the 1 December 2009 Planning Committee
meeting.
Seconded: Cr Ong
Carried unanimously.
FINANCE AND GOVERNANCE COMMITTEE
5.5. Delegations Review
The purpose of this report was to review the Council’s current delegations to staff under the Planning and
Environment Act 1987, Road Management Act 2004 and the Health Act 1958 and to revoke delegations by Council
which are now redundant.
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Moved: Cr Shanahan
1. That Council:
1.1. revoke the redundant instruments of delegation to officers of the Council as listed at
Attachment 1 of the Committee report, with such revocations to take effect
immediately;
1.2. by instrument of delegation sealed by the Council under section 188(1) of the
Planning and Environment Act 1987, delegate to the persons from time to time
holding the positions referred to in Attachment 2 of the Committee report its powers,
discretions and functions under the Planning and Environment Act 1987 subject to:
1.2.1. the restrictions contained in section 188(2) of the Planning and
Environment Act 1987 and section 98(1) of the Local Government Act
1989;
1.2.2. compliance with the Delegations Policy adopted by Council on 27 October
2009; and
1.2.3. compliance with the Delegations Policy for Planning Applications
appearing as Attachment 3 of the Committee report amended by replacing
existing paragraph seven with the following words:
1.2.3.1. “provides for a land use or development that is inconsistent with
a major amendment exhibited or adopted by Council”;
1.3. revoke the instrument of delegation by Council under the Planning and Environment
Act 1987 made by resolution of the Council on 28 April 2008 with such revocation
to take effect immediately after the execution of the instrument of delegation referred
to in paragraph 1.2 above; and
1.4. determine not to make any changes to the current delegations appearing as
Attachments 4 and 5 of the Committee report in respect to the Road Management
Act 2004 and the Health Act 1958 other than to revoke the delegation to the
Manager Regulatory Services (Planning and Building) under the Road Management
Act 2004, as this position no longer exists.
Seconded: Deputy Lord Mayor, Susan Riley
Carried unanimously.
5.6. Proposed Discontinuance and Sale of Havelock Place (Corporation Lane No. 108), Melbourne
The purpose of this report was to advise Council of a request by RMIT University (“RMIT”) that Council
discontinue and sell Havelock Place (Corporation Lane No. 108), Melbourne to RMIT on the terms recommended in
the attached Committee report.
Moved: Cr Shanahan
1. That Council:
1.1. note the proposal from RMIT and the nominated benefits for Council;
1.2. note the assessed market value of the road is $485,000;
1.3. note RMIT’s proposed capital improvement contribution at $1,140,000 but also note
that the net benefit to Council in the case of the RMIT proposal, whilst positive, is
considered to be marginal;
1.4. approve, subject to confirmation of capital improvement contribution, the
discontinuance of the road and transfer to RMIT for development associated with the
Swanston Academic Building project;
1.5. approve the transfer, at 50 per cent of the assessed market value of the road
($242,500), to RMIT plus Council’s reasonable costs for administrative processing;
1.6. reserve the funds from the purchase price for projects for the welfare and wellbeing
of tertiary students in the City of Melbourne; and
1.7. request that a report is provided to the 9 February 2010 Finance and Governance
Committee meeting on options for the expenditure of the funds.
Seconded: Cr Kanis
The motion was put and carried with the Chair, Lord Mayor, Robert Doyle, Deputy Lord Mayor, Susan Riley and
Councillors Jetter, Kanis, Louey, Oke, Ong and Shanahan voting in favour of the motion and Cr Clarke voting
against the motion.
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The Chair, Lord Mayor, Robert Doyle, commended Cr Shanahan for his contribution in achieving an equitable
outcome in relation to this matter.
5.7. 2009/2010 First Quarter September 2009 Year to Date Financial Performance Report
The purpose of this report was to inform Council of the financial performance for the quarter ending September
2009, in accordance with the Local Government Act 1989.
Moved: Cr Shanahan
That Council accept the quarterly financial performance report as at 30 September 2009.
Seconded: Cr Jetter
Carried unanimously.
Cr Shanahan commended Councillors and Council Officers for the prudent and effective management of Council’s
funds demonstrated by:
• AAA credit rating;
• second lowest rate rise in Victoria;
• surplus to budget at first quarter;
• difficult economic climate; and
• large capital works investment.
5.8. Attendance at Copenhagen Climate Summit
The purpose of this report was to seek approval for the Lord Mayor to travel to Copenhagen and London and Cr
Oke’s travel to Copenhagen in December 2009.
Moved: Cr Shanahan
1. That Council:
1.1. approve the Lord Mayor’s participation in the Copenhagen Climate Summit for
Mayors and Councillor Oke’s participation in advocacy activities associated with
the UN Climate Change Conference;
1.2. note that, as part of the proposed travel arrangements, the Lord Mayor will hold
meetings in London to further opportunities for Enterprise Melbourne;
1.3. approve the Lord Mayor to travel to Copenhagen and London for the period 12
December to 22 December 2009;
1.4. approve Cr Oke to travel to Copenhagen for the period 4 December to 18 December
2009;
1.5. approve the estimated costs for the Lord Mayor’s travel totalling $19,020 including
business class airfares at an estimated cost of $7,500 accommodation at an
estimated cost of $7,820 and incidentals of $3,700;
1.6. approve the estimated costs for Cr Oke’s travel totalling approximately $6,480
including accommodation at an estimated cost of $2,000 and incidentals of $4,480;
1.7. note that the Lord Mayor will be accompanied by his Chief of Staff and the Director
City Planning and Infrastructure; and
1.8. note that the Lord Mayor and Cr Oke will prepare a report to the Council within 14
days of the finalisation of travel costs.
Seconded: Deputy Lord Mayor, Susan Riley
Carried unanimously.
Cr Oke commended the Council of Capital City Lord Mayors, the Chair, Lord Mayor, Robert Doyle, and Council
staff for the considerable efforts undertaken in relation to preparing for the Copenhagen Climate Summit.
5.9. Yarra Park – Turf Wicket Nursery Lease
The purpose of this report was to seek approval to proceed with entering into a lease for the Turf Nursery in Yarra
Park.
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Moved: Cr Shanahan
1. That Council:
1.1. notes the resolution of the turf wicket nursery report of September 2008 which states
“That Council resolve that the rental for the area of the turf wicket be put on hold
pending the outcome of discussions with the MCG regarding the long term
improvement plan of Yarra Park” and that the intent of this resolution is now
underway with the proposal for a Master Plan for the park;
1.2. in accordance with Sections 190(3)(b) and 223 of the Local Government Act 1989
(“the Act”), pursuant to Section 17D of the Crown Land (Reserves) Act 1978 (“CLR
Act”) enter into a lease with the Melbourne Cricket Club (“the Club”) for a turf
wicket nursery in Yarra Park on the following terms and conditions:
1.2.1. a term of ten years, with an option for a further five years, commencing on a
date to be fixed;
1.2.2. the lessee will pay Council a rental of the assessed value of $48,000 per
annum;
1.2.3. the lessee will be responsible for all the costs associate with construction and
maintenance of the nursery, and for the payment of all rates, taxes, charges
and levies imposed during the lease period, and any additional taxes which
may be introduced during this period;
1.2.4. Council and the lessee agree that if alternative locations for the nursery arise
that offer the opportunity to relocate out of Yarra Park that these will be
pursued;
1.2.5. other such terms and conditions as may be required by the Manager Legal
Services;
1.3. authorise the Administration to prepare and give public notice of the proposed lease
in accordance with Sections 190(3) and Section 223 of the Act;
1.4. in accordance with Section 223 of the Act appoint the Submissions Committee to:
1.4.1. consider any written submissions received in relation to the proposed lease;
1.4.2. hear any person wishing to be heard in support of a written submission, at a
meeting of the Submissions (Section 223) Committee; and
1.4.3. if written submissions are received, report back with recommendations to the
Council through the Finance and Governance Committee;
1.5. note that if no submissions are received, the proposed lease will be entered into
under delegation in accordance with the terms and conditions specified above;
1.6. pursuant to Section 223(3) of the Act, authorise the Manger Legal Services to carry
out administrative procedures necessary to enable the Council to carry out its
functions under that section;
1.7. request that the officer present Council’s principles of the proposed Master Plan at
the December 2009 Eco-City Committee meeting; and
1.8. re-invest the lease hold money into further development of the park.
Seconded: Deputy Lord Mayor, Susan Riley
Carried unanimously.
6 REPORTS FROM MANAGEMENT
6.1. Planning Scheme Amendment C125
The purpose of this report was to provide advice following discussions with the Department of Planning and
Community Development, as per Council’s resolution of 27 October 2009.
Moved: Cr Clarke
1. That Council, based on the report of the joint Panel/Advisory Committee (PAC) and further
discussions with the Department of Planning and Community Development (DPCD):
1.1. advise the Minister for Planning that Council:
1.1.1. considers the issue of height and built form controls for the subject sites to
be of State significance;
1.1.2. requests the Minister prepare and approve a site specific Amendment to the
Melbourne Planning Scheme under Section 20(4) of the Planning and
Environment Act 1987 to introduce a development control for the subject
sites. This ministerial Amendment will be Amendment C155 to the
Melbourne Planning Scheme;
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1.1.3. forwards to DPCD the recommendations of the joint panel advisory
committee report for consideration in resolving the proposed Amendment
C155;
1.1.4. resolves to abandon Amendment C125 to the Melbourne Planning Scheme
should the Minister for Planning proceed with Ministerial Planning Scheme
Amendment C155; and
1.1.5. agrees to participate in a process to be set up by DPCD to resolve the issue
of development and building envelope controls for the subject sites.
Seconded: Cr Kanis
Carried unanimously.
7 GENERAL BUSINESS
There were no items of General Business.
8 URGENT BUSINESS
There were no items of Urgent Business.
9 CLOSURE OF OPEN MEETING
Moved: Cr Jetter
That pursuant to section 89(2)(d) and (h) of the Local Government Act 1989, the meeting of the
Council be closed to members of the public for the consideration of the Agenda Items 5.10 to 5.12
as:
• Agenda Item 5.10 contains information in relation to contractual matters; and
• Agenda Item 5.11 and 5.12 contain information, which if released, could prejudice the
Council or any person.
Seconded: Cr Ong
Carried unanimously.
The Chair, Lord Mayor, Robert Doyle, declared the meeting closed to members of the public at 6.09pm.
To be confirmed at the open meeting of Council on 15 December 2009.
Chief Executive Officer
Dr Kathy Alexander
Chair
Lord Mayor, Robert Doyle
The reports considered in the decision making process (summaries of which are incorporated in these minutes) can
be found at www.melbourne.vic.gov.au/committees
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