13-12-10 Council Meeting Agenda With Attachments

COUNCIL MEETING TUESDAY 10 DECEMBER 2013
AGENDA
VISION: Yarra Ranges will be a vibrant and dynamic municipality based on strong local communities living in a place of great natural beauty. Our world class municipality will be sustained by a strong local economy and a rich social fabric that is consistent with and supports its environmental values. MISSION: Yarra Ranges Council: Is a collective voice for its people. Builds healthy, connected and viable communities. Protects and enhances the natural environment. Provides transparent, accountable and participatory local democracy.
NOTES FOR QUESTIONS AND SUBMISSIONS FROM THE PUBLIC

The public is invited to submit questions to the Council Meeting via phone, email, online form on the Shire website, or on forms provided in all Council Community Links. They can be lodged until 5pm on the day of the Council Meeting. A maximum of 15 minutes each meeting will be allocated to Question Time. A limit of one question per person per meeting will apply. Multiple parts to a question will be treated as multiple questions. As far as practicable questions will be considered in the order of receipt. Questions will be read out on the night and if possible will be answered by the appropriate officer. If a question is not able to be answered on the night or if time constraints restrict the ability to read out a question then it will be answered in writing in accordance with Councils normal correspondence procedures. Questions relating to items on the agenda or which are repetitions of previous questions will not be considered. The submitter of a question may attend the meeting if they wish to, but it is not a requirement. Submissions to Council on matters not listed on the agenda for consideration will be heard prior to the consideration of items listed on the agenda. Persons wishing to make a submission are requested to contact Corporate Support staff on 9294 6118, to advise of their request and the issue they want to raise at least ten days prior to the meeting they wish to attend to allow consideration of the request and appropriate arrangements to be made. Submissions should not relate to matters already considered by Council nor matters relating to operational issues. People making submissions are welcome to bring plans and supporting material, including copies of documents and Powerpoint presentations. A copy of any electronic presentation needs to be given to Corporate Support staff by midday of the date of the meeting to ensure compatibility with the Shires computer system. Submissions in relation to a specific item on the agenda for consideration will be invited by the Chair according to the order of business for the meeting. For planning applications and policy issues, the Chair will invite one representative to speak on behalf of any objectors and one representative to speak on behalf of the applicant. For other matters on the agenda, only one submitter will generally be invited to address Council unless there are opposing views. It is expected that submissions will be made in a way that is respectful of Councillors and staff. The submission time is not a forum for discussion or debate. In all cases, a maximum of five minutes per submitter is allowed.
Andrew Paxton
Director Planning, Building & Health
Cr Fiona McAllister Mayor Ryrie Ward
Glenn Patterson Chief Executive Officer
Troy Edwards
Acting Director Corporate Services
Cr Maria McCarthy
Deputy Mayor
Cr Len Cox Walling Ward
Billanook Ward Cr Jason Callanan Chandler Ward Cr Andy Witlox Chirnside Ward Cr Samantha Dunn Lyster Ward Ali Wastie
Acting Director
Cr Noel Cliff Streeton Ward Cr Jim Child

OShannassy Ward
Council Chamber Layout
Cr Terry Avery Melba Ward
Mark Varmalis
Social & Economic Development
Public Submitters
Public Submitters
Director Environment & Engineering
INDEX Page No. 1. 2. 3. 4. 5. 6. 7. COUNCIL MEETING OPENED INTRODUCTION OF MEMBERS PRESENT APOLOGIES CONFIRMATION OF MINUTES OF MEETING HELD ON TUESDAY 26 NOVEMBER 2013 DECLARATIONS OF INTEREST QUESTIONS AND SUBMISSIONS FROM THE PUBLIC BUSINESS PAPER 1 1 1 1 1 1 2 2
PLANNING, BUILDING & HEALTH
7.1 Planning Application YR-2013/142 - 16 La La Avenue (CP104713 Sec 5), Warburton - Change of Use from Conference Centre to Education Centre (and associated accommodation) 2 7.2 Healesville Heritage Project and Proposed Planning Scheme Amendment 7.3 Eastern Council Group Submission to the Draft Metropolitan Planning Strategy Plan Melbourne CORPORATE SUPPORT 7.4 2012/13 Annual Report from Chair, Yarra Ranges Audit and Risk Management Committee 7.5 Yarra Ranges MEMP 2013 Audit ENVIRONMENT & ENGINEERING 35 69 95 95 103 106
7.6 Karwarra Garden Proposed Changes to Advisory Committee Terms of Reference and Garden Name 106 7.7 Recreation and Open Space Strategy DIRECTOR SOCIAL & ECONOMIC DEVELOPMENT 7.8 2014 Grants for Community Recommendations 8. 9. COUNCILLOR MOTIONS PETITIONS RECEIVED 113 116 116 121 121 121 122
10. DOCUMENTS FOR SIGNING AND SEALING 11. ASSEMBLIES OF COUNCILLORS
12. ITEMS RAISED THROUGH THE CHAIR 13. REPORTS FROM DELEGATES 14. CONFIDENTIAL ITEMS 14.1 Contract Approval Report 14.2 Neighbourhood Safer Places for Designation by Council
126 126 126 126 126
14.3 CT2854 Pinks Reserve Regional Netball Facility Pavilion and Courts Construction126 14.4 Contract No CT2804 - Design and Construction of the Olinda Community Pavilion 126 15. NEXT MEETING 126
YARRA RANGES SHIRE COUNCIL

AGENDA FOR THE 378TH ORDINARY COUNCIL MEETING TO BE HELD ON TUESDAY 10 DECEMBER 2013 COMMENCING AT 7.00PM IN THE COUNCIL CHAMBER, CIVIC CENTRE, ANDERSON STREET, LILYDALE
1.
COUNCIL MEETING OPENED
2.
INTRODUCTION OF MEMBERS PRESENT
3.
APOLOGIES
Alison Wastie, Acting Director Social & Economic Development 4. CONFIRMATION OF NOVEMBER 2013 MINUTES OF MEETING HELD ON TUESDAY 26
5.
DECLARATIONS OF INTEREST
6.
QUESTIONS AND SUBMISSIONS FROM THE PUBLIC
Submitter Mrs Meryl Quarrel, resident, regarding Wellington Road Crossing Safety Concerns
YARRA RANGES SHIRE COUNCIL AGENDA 10/12/2013
AGENDA ITEM NO 7.1
7.
BUSINESS PAPER
PLANNING, BUILDING & HEALTH

No. of Pages - 24
7.1
Planning Application YR-2013/142 - 16 La La Avenue (CP104713 Sec 5), Warburton - Change of Use from Conference Centre to Education Centre (and associated accommodation) Melway Ref 290 D5, B(44835 4)
DETAILS Site Address: Existing Use: Proposal: Owner: Applicant: Ward: Zone: Overlay: SUMMARY
16 La La Avenue (CP104713 Sec 5), Warburton Place of Assembly (Conference Centre) and associated accommodation Change of Use from Conference Centre to Education Centre (and associated accommodation) Mr G A Black Association For Better Living and Education OShannassy Lodge Low Density Residential (LDRZ) Bushfire Management Overlay (BMO)
The proposal is to change the use from Conference Centre to Education Centre (and associated Accommodation) on the subject site. The site is known locally as the Green Gables Conference Facility and sits on 2.71Ha of land. The proposed use consists of a drug and alcohol rehabilitation program known as Narcanon, with assistance provided by Association for Better Living & Education (ABLE). Narcanon advises that they utilise non-medical, non-drug, natural-based methods to assist and support people in their rehabilitation. The applicant has advised that the program is two-fold: providing physical detox to rid the body of toxins, with the education courses tailored to help students overcome addictions and re-introduce everyday life and community engagement skills, while allowing students to return to a stable, addiction free life. The detox program lasts between 14 and 30 days, while the education programs would take the student between 3 and 6 months to complete. The students would reside on the site during the two phases. The applicant proposes to utilise the existing accommodation (38 bedrooms) to allow for a maximum capacity of 80 students to partake in this program. The main building (building 1) that previously had capacity to host up to 100 people during functions and conferences, would be converted into classrooms, lounge and dining areas, kitchens, offices, library, sauna, laundry and storage areas. Building 2 would comprise an office, while building 3 would consist of the guest library and storage area.
AGENDA ITEM NO 7.1
The existing car parking area, located predominantly in front of Buildings 1,4 and 5 can accommodate 44 car spaces. 28 staff would operate the use consisting of 18 full time and 6 part time staff. There would also be 2 security staff employed full time. Narcanon and ABLE currently operate an education centre from the OShannassy Lodge in East Warburton, which caters for a maximum of 32 students. The applicant is intending to relocate the program to the Green Gables site on La La Avenue due to increased demand, as well as Parks Victoria as land manager, indicating that they will not extend the current lease. Planning permission is required under the Low Density Residential Zone (LDRZ) for an Education Centre use, being a Section 2, permit required use. The application was advertised to all adjoining owner(s) and occupier(s), along with a sign being erected on site. This application has attracted 294 objections to date. The main grounds of objection comprise, the location of facility, public safety, accuracy and intensity of land use, risks and risk management, health and safety concerns, lack of services and infrastructure, devaluation, and net community benefit. Overall, the proposal has not addressed a number of critical and important issues, in particular public amenity, safety and security. Due to the sites proximity to the surrounding residential area this proves fatal to the proposal leaving significant concerns that the site cannot contain the possible negative impacts of the use It is recommended that the application be refused and a Notice of Refusal to Grant a Permit be issued.
SITE LOCATION AND DESCRIPTION The site, known as the Green Gables Conference Centre (Green Gables), is located on the south-west corner of La La Avenue and Clarke Avenue, approximately 750 metres from the central business area of Warburton. The site is irregular in shape with a northeast frontage to La La Avenue, a south-eastern frontage to Clarke Avenue, and northwestern interface to a right of way known as Gable Lane. The site has a total site area of 2.72ha. There are six main buildings on the site with various outbuildings,. The main buildings are made up of 3 conference rooms, a kitchen, 2 dining rooms, 38 bedrooms (each with ensuite), and various other service and storage buildings and spaces. The site, known as the Green Gables Conference Centre has been use d for the past 50 years, with most conferences held for training and educational purposes. During these events and functions, clients would often stay on site for up to 5 nights. The main conference centre has a capacity of 150 people. The applicant has confirmed that while large conferences of around 100 people would occur from time to time, most functions would comprise of 20 to 40 people. The land is otherwise heavily landscaped, contains two access points form La la Avenue, currently used as a main entry and egress. There is also a tennis court situated within the central southern part of the land Fencing consists of post and wire mesh fencing.
AGENDA ITEM NO 7.1
A copy of the title to the land was submitted with the application, which indicated that the land is affected by two covenants as follows: Both Covenant Nos. 715663 and 712818restrict the land by preventing any buildings, exclusive of fencing and outbuildings, from being constructed on the land that would cost less than 100 pounds. Three carriageway easements are found within the north-western and north-east portions of the site, in favour or 5 Gable Lane (road) and the various parcels of the subject site Surrounding area The pattern of development in the immediate area is diverse and is characterised by undeveloped residential allotments and developed lots that contain a mix of timber weatherboard and brick single storey detached dwellings. Lot sizes are highly varied, ranging between 800m2 and 0.6ha in area. The sites rear adjoins seven properties to the north and west comprising Nos 14 La La Avenue, 4 and 5 Gable Lane, and 16, 18, 20 and 20A Leila Road. Each of these sites contain a single storey dwelling. Each adjoining dwelling is setback a minimum of 6 to 12 metres from the common boundaries to this site. The rear private open areas of Nos. 16, 18, 20 and 20A Leila Road adjoining to the southeast, and 5 Gable Lane adjoin to the north. While the right of way, Gable Lane, sit s in between the northern property boundaries and the properties 4 Gable Lane, and 14 La La Avenue. Green Gables is situated within 30 metres of a local bus stop, within 300 metres from Warburton Primary School to the north-east and 750 metres from the Warburton central business district.
PROPOSAL The proposal is for a Change of Use from Conference Centre to Education Centre (and associated accommodation) on the 2.71ha land. The use consists of a drug and alcohol rehabilitation program known as Narcanon, with assistance provided by Association for Better Living & Education (ABLE). Narcanon utilises non-medical, non-drug, natural-based methods to assist and support people to get themselves off their addiction. The applicant advises the following about the program: The program provides physical detox to rid the body of toxins, while the education courses are tailored to help students overcome additictions and reintroduce everyday life and community engagement skills, while allowing students to return to a stable, addiction free life, and re-engaged with the community. Students must first seek to enter the course voluntarily to be accepted. Students undertake a medical assessment prior to commencement of the program by an experience General Practitioner (GP), the same GP that has carried out assessments for student entry in the OShannassy Lodge for the past 12 years.
AGENDA ITEM NO 7.1
Students requiring medical attention to address their withdrawal symptoms re not started on the program until this action is carried out. This is not a part of the Narcanon Program and is carried out offsite. Students would voluntarily sign an agreement to conform to strict rules and codes of practice whilst on the program. If a student disobeys these rules at any time, they will be escorted home by a member of staff or family, or be required to pay a fine direct to Narcanon. The detox program lasts between 14 and 30 days and is broken into three stages. The initial phase, the drug free withdrawal process, involves staff administering a mix of vitamins, good food and exercise. The permit applicant states in their submission that this approach would restore the energy and well being of the student in preparation for the smooth transition of to the detox program. The second stage involves a therapeutic routine course, which extroverts the students and gets them to better communicate with others and the environment. The third stage combines the use of exercise, sauna treatment for 5 hours during the day, and nutritional supplements to rid the fatty tissues in the body of drug, chemical and alcohol residues and any other accomulation of toxins. The student is then ready to undergo the eduction component of the program, which takes between 3 and 6 months to complete, depending on the students indiv idual progress (it is normal that students may not finish the course together). The course work comprises 6 modules (1 book per module) that focus on the students ability to study and retain knowledge. This wouldincluding grammer, literacy, communication and perception, necessary knowledge to achieve greater personal stability, identification of behavioural types, and relationship rebuilding. The course work also focuses on personal values and integrity, with greater self esteem being a bi-product. There is also a changing conditions in life course that focuses on the step needed to improve conditions of life and repair previous bad conditions, along with a moral code to a happier life. The applicant would utilise the existing accommodation (38 bedrooms) within buildings 4, 5 and 6 to allow for a maximum capacity of 80 students to partake in this program.. The main building (building 1), whichpreviously had capacity to host up to 100 people during functions and conferences, would be converted into the education centre comprising classrooms, lounge and dining areas, kitchens, offices, library, sauna areas, laundry and storage areas. Building 2 would comprise an office, while building 3 would consist of the guest library and storage area. The existing car parking area, located predominantly in front of Buildings 1, 4 and 5 is sealed, however is informal without line marking to denote car spaces. It would however have the capacity to accommodate 44 car spaces. Twenty eight staff would operate the use, consisting of 18 full time and 6 part time staff. There would also be 2 security staff employed full time. Narcanon and ABLE currently operate an education centre from the OShannassy Lodge in East Warburton, which currently caters for a maximum of 32 students. The applicant is intending to relocate the program to the Green Gables site on La La Avenue site due to increased demand, as well the applicant advising that Parks Victoria will not extend the current lease. The applicant indicates that Narcanon does not run a medical program, but rather a workable, education-based program. Those students that require medical intervention as a first step of dealing with substance abuse, are referred to medical / hospital care.
AGENDA ITEM NO 7.1
As a result, Narcanon are not covered by Medicare or any private health rebate scheme, as they are not classified as a medical facility.
PLANNING CONTROLS Yarra Ranges Planning Scheme Zoning/Overlay: Clause 32.03 Low Density Residential Zone (LDRZ) Clause 44.06 Bushfire Management Overlay (BMO) State Planning Policy: Clause 11 Settlement Clause 11.05-4 Regional planning strategies and principles Clause 15.01-4 Design for safety Clause 17.01-1 Business Clause 19.02-1 Health Facilities Clause 19.02-3 Education Facilities Local Planning Policy: Clause 21.04-2 Land Use: Commercial Clause 21.05 Settlement Clause 21.11 Community Infrastructure Clause 22.01 Discretionary Uses Residential and Industrial Zones Schedule to Clause 53: Non Applicable Other Requirements: Clause 52.06 Car Parking Clause 65 Design Guidelines Zone The purpose of the Low Density Residential Zone (LDRZ) is to implement the State Planning Policy Framework (SPPF) and the Local Planning Policy Framework (LPPF) and to provide for low-density residential development on lots which, in the absence of reticulated sewerage, can treat and retain all wastewater. Under the zone provisions, a permit is required to use the land as an education centre (non-specified Section 2 permit required use), while planning permission is also required to use the land for Accommodation, also being a Permit required use. It is noted that while accommodation is already on site, it was ancillary to a previous use which has since ceased. Planning permission is also required to carry out works in associated with a Section 2 permit required use. Overlays The site is contained within a Bushfire Management Overlay, however a permit is not triggered under this overlay as the application is for use only with no building and/or works proposed.
AGENDA ITEM NO 7.1
State Planning Policy Framework The following strategic policy emerges from the state planning framework: Planning is to recognise the need for, and as far as practicable contribute towards Health and safety. Promote livable regional settlements and healthy communities by encouraging the development of compact urban areas which are based around existing or planned activity centres to maximise accessibility to facilities and services. To improve community safety and encourage neighbourhood design that makes people feel safe. To encourage development which meet the communities needs for retail, entertainment, office and other commercial services and provides net community benefit in relation to accessibility, efficient infrastructure use and the aggregation and sustainability of commercial facilities. To assist the integration of health facilities with local and regional communities. To assist the integration of education facilities with local and regional communities.
Local Planning Policy Framework (LPPF) Clause 21.04 Land Use Commercial Objective 1 under Clause 21.04-1 Residential states To encourage a diversity of dwelling types to meet the needs of the population. The following relevant Strategies to support this objective are: Encourage business development, tourism and agricultural industries, which recognise and reinforce the rural and green wedge character and outstanding natural assets of the Shire. Minimise off-site impacts to the amenity of local communities, and satisfy other relevant planning criteria for such activities. Protect surrounding residential and rural and green wedge areas from adverse visual and amenity impacts of business encroachment.
The following relevant policy is provided to achieve the above strategies: The proposed use be located on a site that can provide adequate car parking without compromising the character and appearance of the built and natural environments. Traffic generated by a proposed use be able to be accommodated without compromising the functioning of the centre or detracting from the residential amenity of the surrounding area.
AGENDA ITEM NO 7.1
Clause 21.05 Settlement Under Objective 1 Sustainable Towns, the following key strategies apply: Enhance the economic viability, safety and efficiency of the towns Encourage small business and their use by local communities Provide for quality retail, commercial and community facilities which cater for consumer needs Provide adequate design and services that allow rapid and effective response by emergency services
Objective 4 of this Clause Rural Townships seeks to maintain and enhance the rural setting and compact form of the rural townships. Clause 21.11 Community Services Objective 1 of Clause 21.11 Community Services seeks to improve access to a wellplanned range of Shire-based community services that meet the current and future needs of residents. Clause 22.01 Discretionary Uses Residential and Industrial Residential and Low Density Residential Zones Under this clause the following relevant key policy applies: Provide limited and controlled opportunities for non-residential uses that meet the needs of the local residential community, protect the residential amenity of the area and are compatible with the visual, environmental and landscape qualities of the neighbourhood Ensure that non residential uses are of a scale and intensity that will not detract from the environmental features and amenity of the residential neighbourhood Prevent the establishment of commercial uses which would be more suitably located in a commercial centre or industrial area In the Rural Township areas provide for small scale home based businesses which provide local employment opportunities
Clause 65.01 Decision Guidelines Approval of an application or plan Before deciding on an application or approval of a plan, the responsible authority must consider, as appropriate: The matters set out in Section 60 of the Act The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies The purpose of the zone, overlay or other provision Any matter required to be considered in the zone, overlay or other provision
AGENDA ITEM NO 7.1
The orderly planning of the area The effect on the amenity of the area The proximity of the land to any public land Factors likely to cause or contribute to land degradation, salinity or reduce water quality Whether the proposed development is designed to maintain or improve the quality of stormwater within and exiting the site The extent and character of native vegetation and the likelihood of its destruction Whether native vegetation is to be or can be protected, planted or allowed to regenerate The degree of flood, erosion or fire hazard associated with the location of the land The use, development or management of the land so as to minimise any such hazard
CULTURAL HERITAGE MANAGEMENT PLAN (CHPM) The application has been checked against the requirements of the Aboriginal Heritage Act 2006 as to the need for the requirement of a Cultural Heritage Management Plan (CHMP). It has been assessed that a CHMP is not required. It is first acknowledged that both Education Centre and Accommodation land uses are considered to be high impact activities, located within 500 metres of a waterway (Four Mile Creek)(area of cultural sensitivity). In accordance with the Aboriginal Heritage Act 2006, a cultural heritage management is only required when the two criterion apply (high intensity activity and within area of cultural sensitivity). However, as indicated by the applicant, the land has been subjected to significant ground disturbance (greater than 0.6 metres in depth from natural ground level) in the past, and would not result in any further buildings and works being undertaken. A site that has been subjected to significant ground disturbance is not classified as an area of cultural sensitivity, which overrides the proximity to a waterway requirement. Therefore, the proposal only applies to the high impact activity criteria only and as such a cultural heritage management plan was not required in this instance.
EXTRACTIVE INDUSTRY The site is not located within 500m of extractive industry and is exempt from this consideration.
AGENDA ITEM NO 7.1
STAKEHOLDER VIEWS External Referrals: Victoria Police Notice given under Clause 52 of the Act. A response dated 29 August 2013 was given. Further information required as stated: I do not consider the issues relevant to risks and risk management relevant to public safety, have been sufficiently expressed. To make an informed assessment additional information is required relevant to: - Anticipated regular client numbers, turnover and time frames - Specific client base - Client vulnerability (stages of rehab including 14 detox period) - Client freedom on site management role - Behavioural issues (prior / during rehab process) - Assessment, risks and management of this behaviour - Client supervision and management (staff numbers breakdown, hour of duties, specific responsibilities relevant to this function / role - Current security staff provisions functions, powers and responsibilities - Proposed night security personnel function powers, responsibilities, hours of duty. Following a response provided by the applicant, the Victoria Police then responded on 4 November 2013 with the following comments: With all consideration, I do not consider the information provided satisfies my concern regarding risks, risk management relevant to public safety. Internal Referrals: Engineering Consent subject to conditions, and the following amendments to the plans: a. The existing entry off the crushed rock service road and internal access to the dwelling at 5 Gable Lane blocked off and all signage relocated accordingly. b. The existing exit vehicle crossing and accessway widened to a minimum of 5 metres to cater for two-way movements including associated signage and line marking. c. A note stating that all parking spaces are to be line marked and turning areas provided for blind aisles. d. Space between the parking spaces between Buildings 1 & 5 to allow for pedestrian access to existing walkways and steps e. The accessway for the 45 parking spaces in front of Building 4 to have a minimum width of 3.5 metres as required by the Planning Scheme
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AGENDA ITEM NO 7.1
The following summarised comments were also provided: - All access from service Road (Gables Lane) must be deleted and fenced off, near La La Avenue frontage. - Internal connection from parking between buildings 5 and 6 to carport of No. 5 Gable Lane, must be fenced off - There are 44 car spaces on site. There are minimal opportunities for parking over low on site due to sites typography, with particular consideration to large events. - Planning Scheme required 0.4 spaces per student for Education Facility. Based on proposed 80 student capacity, 32 car spaces are required. Parking rate does not take into account visitors, students staying over night, and higher teacher to student ratio required for this facility, as opposed to regular education facility. - Applicant indicated current staff to student ratio is 1:3. While applicant has not indicated an increase in staff numbers, this ration would mean that 26-40 staff would be required for the proposed student capacity. Economic Development & Community and Social Planning No position provided or conditions. The comments submitted are provided below: There is a need for drug and alcohol rehab services. It is not possible to clearly know if this centre will serve residents living locally or within the municipality, or use evidence-based treatment. It is also not clear if the centre will be widely accessed or only for those who can pay the fees. Community angst noted in the paper about the proposed use would need to be tested. It is considered that proposal would not bring anti-social activity to the area. Health Consent subject to 2 conditions and 2 notes relating to grey water being drained into a reticulated sewer system; protection of amenity to the area; and registering the site as both an accommodation and food premises. No response received.
Recreation:
Advertising Mail Sign/s x Local Newspaper The application was advertised by way of on-site signage and notices sent to the owners and occupiers of adjoining properties. 294 objections have been received to date. The main concerns raised in the written objections can be summarised as follows: Location Public Safety Scale and Intensity Clarification of Use, i.e. medical facility vs education use
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AGENDA ITEM NO 7.1
Risk and Risk Management Emergency Procedures Lack of Transparency Community Benefit Health and safety concerns of students Lack of infrastructure and services to community Traffic and parking Devaluation of property
A consultation meeting was held on 22 August 2013 and was attended by the applicant (planning consultants and clients), the Ward Councillor, Council officers and most of the objecting parties. At this meeting, the above issues were discussed in detail and whilst no consensus was reached the positions of all parties were clarified. The key areas the community highlighted, included: Concerns about safety of people living in the area Concerns about safety for the children in nearby primary school Risk of families leaving the school and the school subsequently closing Concern about security - drug dealers hanging around the facility; incidents that have occurred in the current facility (OShannassy Lodge) and disturbance to local families; Perceived threat to local children with people rehabilitating from drugs close by Lack of infrastructure to support the community if anything did go wrong (police, ambulance, hospital, fire brigade) Potential deterioration in the value of housing in the area Potential loss of Warburton as a tourist destination Traffic congestion on a shared road (Point at which Gable Lane joins La La Avenue) Disruption to a peaceful existence by traffic from facility users and their families Lack of clear understanding of exit and entry areas Lack of footpath on the shared road and potential risk to pedestrians Concerns about the facility housing 80 'students' and fire risk possible building development Concerns about having the facility in the town and why it can't stay in East Warburton instead The facility being incorrectly defined as an education facility.
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AGENDA ITEM NO 7.1
At this meeting, it became apparent that there was confusion around what type of program was proposed by Narcanon with the following issues being raised: The community expressed distrust of the program Some community members expressed concern with the links to particular religious groups The applicant was unable to provide surety about risk management - safety, the numbers of people involved, traffic management, security of users of the facility and residents surrounding the facility The community questioned the use of the term students and perceives that the care and treatment is more in line with a medical centre use, rather than for education
The community also expressed strong support for a program that provides care/treatment/support for individuals rehabilitating from drugs. Some members applauded the work of Narconon, whilst others expressed concern about the programs links to other religious groups. Following the consultation meeting, the applicant offered verbal commitments to some matters raised during an on-site meeting with Council officers; specifically: Traffic and access via adjoining laneway, and proximity to bus stop (safety to local school kids): The main entry (north-west corner of site) could be restricted to require use of the secondary entry as the main entry. Intensity: Applicant indicated that they would be willing to reduce the student capacity if required to as low as 50 students. Contact with adjoining residents (amenity impacts) and security: Consent given to require new fence to be erected around perimeter of site, if required.
However, no formal amendments have however occurred to the proposal
ASSESSMENT/ KEY ISSUES The application has been assessed against the requirements of Low Density Residential Zone (LDRZ), the relevant State and Local Planning Policy Framework, and the Particular Provisions, and is considered to be an unsatisfactory planning response. It is acknowledged that there is a clear need to provide a drug and alcohol rehabilitation facility in this region. It is further acknowledged that Council and other providers of social services in this area have a significant concern about drug dependency and its associated effects in the broader community. This need for health services is reflected in Clauses 11.05-4 (Livable settlements and healthy communities), 17.01-1 (Business), 19 (Infrastructure), 19.02-1 (Health facilities), 19.02-3 (Education Facilities), 21.11 (Community Infrastructure), and 22.01 (Discretionary Uses Residential and Industrial Zones) of the planning scheme.
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AGENDA ITEM NO 7.1
There is a potential to make an argument that such facilities which are essentially providing for the greater good of society should be able to be located within regions where the need is greatest; and even above the concerns of local community. A facility of this nature is much like a prison in that maybe unwanted, however is unfortunately a necessary facility given wider social issues. However, this need must be balanced with key objectives that seek to ensure that the facility must deliver a net community benefit (Clause 17.01-1); must improve community safety and encourage neighbourhood design that makes people feel safe (Clause 15.014); must establish a clear integration within the community; must protect the sustainability of rural townships by enhancing the economic viability, safety and efficiency of the towns; and must also protect the residential amenity of the area (Clause 22.01) with measures of scale and intensity. In this instance, the location, scale and intensity, level of associated actual and perceived risks, how those risks are managed, , and the amenity to adjoining and nearby residents, is unacceptable and would result in creating a negative net community benefit. Whilst the Green Gables site is clearly ideal in respect of its ability to be directly converted for this use with minimal buildings and works, this does not necessarily make it the ideal site in an overall sense in terms of location and physical separation from other residential uses. These points are discussed in greater detail below. Land use (Education Centre vs Medical Centre (Rehabilitation Centre)) The applicant has indicated that the land use clearly falls within the definition of Education Centre, and not as a medical centre (drug rehabilitation facility). The justification provided by the applicant indicates that Narconon utilises non-medical, non-drug, and natural based methods to assist and support people in getting themselves off their addiction. In addition, the predominant portion of the course work is strictly education-based. This includes a 14 to 30 day physical detox program, consisting of firstly of the use of vitamins, good food supplements, and exercise to restore energy and focus in order to prepare for Stage 2. Stage 2 comprises a detoxification program that combines exercise, sauna treatment, nutritional supplements that rid the body of drug, chemical alcohol residues and any other accumulated toxins. The applicant further states that this section of the program is not medically orientated and those students that require medical intervention to address substance abuse are referred to medical / hospital care. It is further noted that programs are not covered by Medicare or any private health insurance scheme further evidencing their non-medical nature. Following this process, a student would spend anything between 3 months to 6 months to complete 6 education-based modules (or individual courses), in order, as stated by the applicant, to return to a stable, addiction-free life, and re-introduce themselves as a member of society. The applicant further states that the series of courses are designed to complement and expand upon the students knowledge and give the student skills to improve communication, literacy and problem solving. The applicant further states that there would be non-medical treatment, an absence of preventative care, diagnosis, medical and surgical treatment, and an absence of counselling.
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AGENDA ITEM NO 7.1
This statement is relevant to how the land use is defined. In accurately defining the land use. It is necessary to refer to Clause 74 of the Planning Scheme to compare both land uses as follows: An Education Centre is defined as Land Used for education A Medical Centre is defined as Land used to provide health services (including preventative care, diagnosis, medical and surgical treatment, and counselling) to outpatients only. While the nature of this use appears to be quite clearly grouped within an Education Centre, there are a number of elements to the process that suggest otherwise. These elements comprise the nature of treatment provided to students, the type of minerals and vitamins given to students, and the type of staff working on site. With respect to the provision of minerals and vitamins, the applicant has confirmed that niacin is a vitamin given to students on a regular basis. The provision of this substance has been previously tested. In the Supreme Court hearing Hanna v ACT Commissioner for Community and Health Services Complaints [2002] ACTSC 111 (6 November 2002), the definition of health services was explored and whether this extended to religious rituals, in conjunction with the practices of Narcanon and Association for Better Living & Education (ABLE). As part of this case the following commentary was provided in paragraph 32 as follows: 32. Considered overall, the evidence establishes that the advice concerning the use of Niacin is given for the purpose of facilitating the removal of toxic substances from the body of participants, albeit in conjunction with running and sweating, and to alleviate allergies. It also establishes that the advice to take minerals is given to facilitate other health benefits including, in the case of calcium, a healing effect on the nervous system. For these reasons, I am satisfied that the provision of advice to take vitamins and minerals does constitute a "health service" as defined in s 4. Secondly, the applicant has indicated that the facility does not provide any preventative care or counselling, but rather there are external oranisations that provide this service and act as referral bodies to the facility. However, the applicant has also stated that some staff are trained to receive certifications in providing alcohol and / or drug counselling, in order to meet their job description. Such services can reasonably be considered as health services, but they are provided in an ancillary capacity as part of the educational module programs. Thirdly, in paragraph 7 of the Supreme Court case referred above, a service provided by a practitioner of massage, naturopathy or acupuncture or in another natural or alternative health care or diagnostic field, is identified as a health service. In addition, a previous VCAT case, Johnson v Maroondah CC [2007] VCAT 297 (28 February 2007), Member G Sharkey grouped a naturopath business, within the Land Use definition of Medical Centre, and termed the staff providing the health services as practitioners, and the clients as patients. From this perspective, the provision of s auna treatment, for 5 hours a day for up to 14 to 30 days could be equally classified as a health service grouped within the definition of Medical Centre.
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AGENDA ITEM NO 7.1
Having consideration to the above, it is clear that there is some ambiguity around what level and extent of health services are provided as part of the proposed land use. However, it is clear that the detox program and the extent of counselling and preventative care, would comprise less than one third of the time that students take to complete all 6 programs. On this basis, the land use could be considered to be identified as an Education Centre rather than a Medical Centre, as its primary land use. Risk and Risk Management Location and increased risks In order to assess what risks are applicable, and how these risks are managed, consideration must be given to how Narcanon and ABLE currently operate the Education Centre at OShannassy Lodge in East Warburton. As indicated by the Victoria Police in their referral response, Narconan are currently located at OShannassy Lodge 15km from Warburton central business area and township, and 3km from the main road access at Woods Point Road. This site is secured by vehicle gates, has limited access, and is on a completely isolated parcel of land surrounded by bushland that also accommodates the OShannassy Aqueduct. As indicated by the Victoria Police in the referral comments, the benefits of the OShannassy Lodge location include: providing an established quasi boundary offering protection and inherent security; reducing close residential contact and access; reducing the effect of adverse behaviour on the community; reducing flight temptation to substances relevant to their rehab; removes potential of external influences; provides for a more effective client management. From this perspective, the OShannassy Lodge is far removed from the residential community of Warburton and would not pose any significant risk from a public safety perspective. This is reinforced through the Victoria Police comments that include a low occurrence of incidents. This level of isolation is a key feature of other reputable medical and community facilities in Melbourne that effectively remove any potential risk to public safety by physical separation. Facilities such as Thomas Ambling Hospital (forensic mental health services) on Yarra Bend in Fairfield; Odyssey House (community based treatment and support services to address alcohol and other drug problems) in Lower Plenty Banyule, and the Royal Talbot Rehabilitation Centre (medical, nursing, therapy and support services to people with a wide range of disabilities), all provide community health services that are potentially sensitive to perceived and actually public safety. The distinguishing feature of these facilities is that they are physically isolated from sensitive land uses (such as established residential areas) by the nature of the surrounding land uses, the limited road access, and physical barriers such as waterways etc. All three facilities are reputable, supported by government and a range of other institutions and organisations, and result in individuals been given additional skills, knowledge and experience to prepare being re-introduced into society. A key consideration is that no matter how well managed these facilities are, isolation will ensure that risk to public safety is minimised to acceptable levels, or effectively removed.
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AGENDA ITEM NO 7.1
Establishing isolation offers protection and inherent security; reduces close resident residential contact and access; reduces effect of adverse behaviour within the community; reduces flight temptation of individuals whilst in a vulnerable state of rehabilitation; effectively removes access and temptation to substances relevant to their rehabilitation; and removes all external influences. It is important to be careful not to demonise the potential students of this facility (or the current facility), but it must be frankly acknowledged that the above issues have and are encountered with similar facilities and them being raised are not a judgement on the persons themselves. The Green Gables site, on the other hand, is located 750 metres from the main business area of Warburton within, and adjacent to, an established residential area. There are a number of residential properties that abut the site or require access via a laneway that abuts the site. There is a primary school located approximately 300 metres to the northeast while a bus stop is located within 20 metres of the main entry of the site. The site is particularly visible from the north-east frontage to La Avenue, and the north-western boundary abutting Gables Lane where students could potentially achieve visual and verbal contact with adjoining residents or pedestrians passing by, from within the sites grounds. Given this level of proximity, the same level of confidence and guarantee afforded to the OShannassy Lodge, can not be given to Green Gables at La La Avenue from a public safety perspective. The open nature of the property boundary treatment offers little protection in preventing students leaving the site and gaining access to the surrounding area. There is clearly close residential contact offered to students whether internal or external to the site. There is a strong potential for external influences whether from adjoining residents, pedestrians walking by, or people waiting at the nearby bus stop to impose upon the students in the facility, and vice versa. The nature of the rehabilitation facility has raised many objector concerns similarly that those students within the facility are a captive audience for unscrupulous people. All these risks demand a highly refined management and security approach, which has not been provided in sufficient detail to alleviate officers concerns. This is discussed below. Management From a management perspective, the applicant confirmed that the program is voluntary on behalf of the individual, who actively wants to take responsibility and control of their life in addressing harmful substance abuse. Any individual with a criminal history is not accepted into the program and thus, are not typically aggressive or violent people. Students are on a set schedule and attend regular role calls and thus, are monitored by staff frequently. The students need permission and the company of a family member to be able to use the sites grounds outside the buildings themselves. The specific areas of the site the students are allowed to use, has not been clearly articulated by the applicant. There are specific agreements, that each individual entering into the program must sign, which provide clear direction on appropriate behaviour, rules and regulations while on the program, including consequences of not abiding by the rules and codes of conduct. The consequences often result in the students either paying fines direct to Narcanon, being given a warning, or being excluded from the program and being escorted back home by a member of staff or family.
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AGENDA ITEM NO 7.1
Additionally, the proposal includes security comprising 2 security staff that would monitor the site on a full time night supervision basis. No security is to be provided during day-time hours. From the above detail, it is clear that from a management perspective that the direction and expected behaviour is set during the students stay would be set out quite clearly at Green Gables. It is also acknowledged that students must volunteer in order to enter the programs and so, it is in their interest to carry out the course and achieve success, given what is at stake. However, the risk of students being tempted to leave the site due to external influences or the intensity of the programs are still very real regardless of the above consideration. Given the sites proximity to residences and the community, or the potential that students may find the programs too intensive, or the restricted contact with family and support services as governed by codes of conduct maybe too isolating, it is not unreasonable to suggest they may want to leave the sites grounds temporarily to relieve themselves of these pressures. While the rules, codes of conduct, and consequences, all apply when a student gets caught, there is also a likelihood that students can venture off the site unnoticed, given the open perimeter fencing, the heavy vegetation on the site and in the area, and the lack of security to monitor the full extent of the sites boundaries day and night, to name a few concerns. Regarding the sites characteristics, more than half the site is heavily vegetated, and moderately undulating, providing many areas of limited surveillance. Given that there is no security by day and limited light and visibility for security staff by night, it is considered that students could leave the site unnoticed at any time of day or night and return to the site without security or staff being aware of the breach. Security for the site cannot be guaranteed as indicated by the applicant. Risks, Risk Management and Public Safety The risk to public safety appears to be extensive from a perceived and actual perspective. The Victoria Police and objectors have raised issues that incidents may occur with respect to contact between students and members of the community, the students flight temptation while in a vulnerable state of rehabilitation, the risk of adverse behaviour on the community, the level of accessibility and temptation to services relevant to their rehabilitation, the high level of external influences in the vicinity of the site, and the way students are being managed. It is clear from the number of objections and reinforcement of the issues raised, that objectors feel passionately that incidents are likely to occur and have the potential to directly affect local residents, local schools and the neighbourhood at large. These concerns, as perceived by objectors, indicate any incidents that may occur, have the potential to produce long lasting negative affects on the health, safety, sustainability, and environment of the community.
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AGENDA ITEM NO 7.1
In reality, there is also the potential that no breach of public safety would occur if the rehabilitation centre was to locate and operate from the Green Gables site. However, the applicant has not provided sufficient guarantee or certainty that the risks to public safety have been effectively removed or minimised to a manageable level, to prevent any incidents occurring in future, given its location. A response to the above concerns from the applicant indicated that measures could possibly be carried out via conditions of approval, to address some of the concerns raised by neighbours. These measures could comprise new enclosed fencing potentially erected around the sites perimeter, together with added surveillance cameras and alarms, which could be installed to heighten the sites security. However, there is a risk that the site could appear like a fortress, or appear more enclosed and built up, which goes against the open character of the area, and may, in its self, pose other issue (i.e. fence is not consistent with other fencing in the area etc) With respect to risk management, the applicant has not clearly indicated contingency plans at the time a breach of the rules or codes of conduct, occurs. There is no certainty in place of how fast a potential situation resulting in a breach, can be identified and contained. This is especially crucial given the direct interfaces to residential properties, and other sensitive land uses being proximate to the site. Additionally, objectors have raised concerns that there is a lack of infrastructure to support the community in event of an emergency. As part of the process, the applicants client indicated during a number of stages of the various programs, that police, hospitals, ambulance and the fire brigade would be a trusted resource in the event matters arise such as non-compliance of the rules and codes of conduct, whether a relapse has occurred, whether the student displays health related issues, or if the student leaves the sites grounds etc. However, the local Warburton police confirmed that when coupled with the Yarra Junction Police Station, only 16 hours coverage per day is provided for the community. The concern would be that if an incident occurs outside this time frame and that there would be not police support In addition, it appears that the closest hospital is in Healesville or Ringwood. It is a valid concern that the proposed use is not conveniently located to all emergency services. Consequently, given the lack of certainty and guarantee provided by the applicant in ensuring that all risks to public safety are effectively removed or reduced to a manageable level such that incidents are unlikely to occur, it is considered that the extent of risks to public safety are too great and cannot be ignored, primarily due to the sites location. It is considered that even the best management practices of facilities can fail if the location results in unacceptable risks to public safety, all of which are concerns relevant to this application. In this instance, the location of the facility is considered to be a fatal flaw to this application.
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AGENDA ITEM NO 7.1
Creditability It is necessary to discuss the credibility of the program in conjunction to risk management especially in light of the nature of some of the objections. It is appropriate to compare the proposed use with other similar service providers. Another education facility that is providing courses on health services, with specific focus towards drug, alcohol and mental health issues is Odyssey House. Research into this facility shows that all courses are accredited, registered and are scientifically-based. These courses meet best practice standards, are supported by the State and Federal Governments, as well as a number of specialist organisations in this field. This detail gives confidence that the organisation is genuine; will carry out the specified service as indicated; and will provide a consistent service that is sufficiently regulated. Importantly, these courses are backed by Government, and are located in more appropriate settings whereby residential properties are not the only and most immediate interface. In the case of Odyssey House, the premises are secure and contained to a greater extent than this proposal. The Get off Drugs Naturally program, administered by ABLE and Narcanon, is not accredited; or medically or scientifically supported by any organisations or the Government. Despite the applicant indicating that there have been a number of other facilities operating world-wide for the past 40 years, this still creates uncertainty that the program can be carried out without incident, and with all necessary protocols in place to guarantee residential amenity is protected. Whilst it could be argued that raising the what ifs is being unreasonable to the applicant, the more relevant consideration is that these matters have not been clearly articulated as to how they will or can be managed to the point of providing certainty to officers and objectors. This is also reinforced through the comments provided by Victoria Police. Ambiguity Other elements of the process (part of the programs) have not been sufficiently clarified to determine whether additional risks exist and may not have been thoroughly explored or information provided by the applicant. This contributes to the level of uncertainty associated with risk management and public safety. Ambiguity around the medical screening process for psychological and psychiatric issues prior to the student entering the program, the temperature and duration of the sauna treatment with students with a medical history, the course material and apparent absence of material on drug and alcohol abuse treatment and dependency, issues, and/or addiction, about management around if and when relapses would occur etc further contribute to concerns as to the extent to which the risks associated with the establishment of a rehabilitation facility have been fully explored and can be appropriately mitigated. With consideration to the above concerns, it is clear that there are many unknowns that provide uncertainty to whether all risk to public safety can be effectively removed or minimised so as to guarantee that there would be no incidents that would occur within the residential area.
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AGENDA ITEM NO 7.1
The applicant confirmed on numerous occasions, including at the consultation meeting held on 22 August 2013, that there have not been any incidents that have occurred during the 14 year operation at the OShannassy Lodge. There were however opinions and statements provided from both objectors and the Victoria Police, to the contrary of the applicants statement. This provides further uncertainty that the risks to public safety can, with confidence, guarantee that no incidents will occur once the use operates at Green Gables. Ultimately, the location of the site presents too many risks to public amenity and safety that have not otherwise been resolved. As indicated earlier, whilst there are other similar facilities that can demonstrate that their systems and management regime works, the key difference is that these facilities are still isolated from sensitive land uses like established residential areas. The Narcanon Education Facility is not as well known, is not scientifically or medically supported; does not provide 100% confidence in managing all known risks, and is located within and adjacent to an established residential area. It is considered the location, in this instance, being located only 750 metres from the Warburton Central business area, is inappropriate and would result in unnecessary safety issues to the public that can not be guaranteed to be continuously addressed, and would not comply with Clauses 17.01-1, 15.01-4 and 22.01 of the Planning Scheme. Scale and Intensity It is acknowledged that the applicants intention is to begin with a capacity of 25 to 32 students for the Green Gables site, as per the current conditions of the existing operation at OShannassy Lodge, but is proposing a maximum of 80 students to allow for expansion of the land use should the demand increase in future. However, it is clear that the applicants client has not had experience operating the site for up to 80 students in the past. This poses questions around the capacity for the operation to increases in staff numbers to manage a doubling of the current student capacity, as well as increased amenity concerns and need for additional security staff. The applicant indicates that all potential issues can be managed with the 24 staff members that currently manage the OShannassy Lodge. Despite the increase number of risks associated with relocating the use into an established residential area, the applicant has not detailed or considered contingency plans associated with managing the increased risks with respect to public safety as detailed above that could be multiplied with an additional 50 students over the current operation. Given the sites relative location with an established residential area and accessibility to the community, the extent of risks and lack of confidence and certainty in how those risks wil, in reality be managed, it is considered that the scale and intensity of the land use is inappropriate. If the location were considered appropriate, limiting the scale and intensity of the student capacity via conditions of approval, whilst managing the scale initially does not provide certainty to residents given the overall site capacity.
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AGENDA ITEM NO 7.1
Net Community Benefit As stated earlier, it is clear that the facility exists to support sections of the community for re-entry into society. However, it is unclear to what extent the facility will provide a net benefit to the local community that the site is located within. It is clear that there are opportunities for the facility to support some level of local employment. The applicant also confirmed that there were only 2 out of 32 students currently at OShannassy Lodge who live locally in Warburton or close by. However, given that the OShannassy Lodge is the only Narcanon facility within Australia, it is also likely that students are accepted on a regional scale and potentially interstate and thus, not primarily focused on the local community. It is also acknowledged that the applicants intent in future is to eventually establish a facility in each capital city in Australia, it is likely that this imbalance of where students are received from, would likely be more even in future. It is acknowledged that the applicant stated that no incidents have occurred in all the 14 years at OShannassy Lodge, and that there have been conflicting statements and opinions from objectors and the Victoria Police. It is acknowledged that there are clearly a number of both perceived and actual risks to public safety that become significant issues primarily due to the proposed location at Green Gables. There is also ambiguity around whether all risks can be contained and eliminated to the extent where no incidents to the surrounding residential area would occur. The applicant has also intended to double the student capacity, which could be multiplied with an additional 50 students over the current operation. More than 300 objections received have provided strong feedback that the perceived risk of public safety is a key issue. The consequences of these actual and perceived public safety risks, as stated earlier, have the potential to result in the loss of the community leaving Warburton and a local primary school. Other objectors were concerned that the Warburton Township would be no longer perceived as a tourist destination. This risk is a genuine consideration given the extent of feedback received from the community. Should a strong loss of residents of Warburton occur, this may have a long-lasting affect on the sustainability of the Warburton community. This scenario would not clearly provide a net community gain, which is a crucial part of consideration as part of this application, given the strong community feedback. As stated earlier, other similar facilities, which provide more certainty that all risks can be suitably managed and contained, have all effectively removed public safety risk by operating in an isolated location away from sensitive land uses. Given that the proposed location does not achieve this same outcome; does not provide confidence concerning risk management, it is considered that the negative net community impact of creating a genuine public safety risk (real or perceived) that affects a whole community, outweighs the net community benefit of providing a service to a section of society in need to find a way to re-enter society. From this perspective, the proposal would not satisfy Clauses 17.01-1, 15.01-4 and 22.01 of the Planning Scheme.
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AGENDA ITEM NO 7.1
Grounds of Objectors Health and safety concerns of students The applicant has indicated that students would undergo up to 2 medical assessments from a general practitioner prior to being accepted into the program. It is acknowledged that programs are not individualised. There is also no medical treatment provided to students whiles undertaking the program. Rather all staff are required to complete all necessary certifications and licenses to meet their particular job description to provide rehabilitation services to the students. The support networks to provide these resources relate to drug and alcohol counsellors, first aid certification, food handlers licence, teaching qualification, naturopath qualification, along with 2 trained nurses and a qualified paramedic on site (this is not their role job description. Additionally, any medical intervention as a first step in dealing with substance abuse, are referred to medical / hospital care external to the site. From this general perspective, it is considered that sufficient justification has been provided in ensuring that the health of the students are catered for. There are concerns on whether the general practitioner assessment would filter all health related issues (such as psychological and psychiatric issues), which may pose a risk on the students health if the lack of contact with family, friends and medical support is encouraged and enforced by Narcanon. However, it is difficult to measure how this issue can be regulated in future. However, from a planning perspective, the applicant has provided enough information to ensure this would not be an issue fatal to the outcome of this proposal. Traffic and parking Objectors raised concerns that the main access to the right of way (Gables Lane) in the north-west corner of the sites frontage would raise significant concerns in preventing other residents from leaving and gain access to their properties via Gable Lane. Objectors also acknowledge that the road network in this area is currently quiet and would not want to change this circumstance. In accordance with the Clause 52.06, an Education Centre requires 0.4 car spaces per student, which results in a total parking requirement of 32 car spaces to be provided on site. The accommodation use is ancillary to the education centre and would not require any additional car spaces as the students undertaking the course within the education centre would all stay on site between 3 and 6 months. The accommodation use is not a stand alone use as part of this proposal and would not be available to external members of the public who are not intended to use the education centre. Councils Engineering officer acknowledged that students are not permitted to drive their own vehicle to the facility, but rather be dropped off by a family member. Therefore, no student parking will be required. The car park would therefore be well below capacity through the week until family and other support networks are allowed to visit the student on Sundays.
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AGENDA ITEM NO 7.1
Additionally, graduation ceremonies would occur up to 2 times a year. During this period up to 300 people have visited the OShannassy Lodge in the past for such occasions. The difference between the Green Gables site and the OShannassy Lodge is that the OShannassy Lodge is not as heavily undulated and can support a much greater capacity of inform, unsealed parking. Councils Engineering officer has however considered this risk to be manageable, stating that the matter can be addressed as a condition of permit requiring that no parking associated with the education centre can occur outside the sites property boundaries. This would ensure that the surrounding road network would be unaffected. Therefore, all issues relating to parking and access have all been addressed. Devaluation of property This concern is been widely acknowledged in case law at VCAT to be a non-planning related matter that cannot be proven on planning grounds. Therefore little weight can be given to this ground as it would not relate directly to the proposed use. It is therefore considered that the proposal has addressed this issue. Building development being a possible fire risk It is firstly acknowledged that the main buildings on the site have existed between 15 and 50 years. It is possible that the buildings no longer comply with the building regulations with respect to being fire proof. However, this is a building-related matter and not a relevant matter that can be considered under the Planning Scheme. Regarding whether an action plan is in place in the event of a bushfire is unclear and also an unrelated matter relative to the proposed use. While it is acknowledged that the Bushfire Management Overlay affects the site, planning permission is not required as no buildings and works are included in the proposal. The provisions of this Overlay cannot be consequently considered. In this instance, the proposal addresses this ground of refusal.
CONCLUSION The application has been assessed under the relevant State and Local Planning Policies, the Low Density Residential Zone and relevant Particular Provisions of the planning scheme. The use of the land as an Education Centre is considered inappropriate given the scale, location, uncertain risk management and nature of the use. This would result in unnecessary and extensive risks to public safety and amenity in the residential area. This would not achieve a net community benefit and thus, is considered unacceptable. It is recommended that the application be refused and a Notice of Refusal to Grant a Planning Permit be issued.
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AGENDA ITEM NO 7.1
RECOMMENDATION That Council resolve to refuse Planning Application YR-2013/142 for Change of Use from Conference Centre to Education Centre (and associated accommodation) at 16 La La Avenue (CP104713 Sec 5), Warburton, and issue a Notice of Refusal subject to the following grounds: 1. The scale and intensity, location, risks and management would not provide improved community safety or provide an environment within the neighbourhood that contributes to community safety and perceptions of safety, which would be non-compliant with the intent and provisions of Clauses 15.01-1 and 15.01-4 of the Yarra Ranges Planning Scheme. The location of the Education Centre use would not provide a net community benefit in accordance with Clauses 17.01-1 and 21.11 of the Yarra Ranges Planning Scheme. The proposed Education Centre would not protect the amenity of the area, which is non-compliant with Clauses 21.04-2 and 22.01 of the Yarra Ranges Planning Scheme. The Education Centre would not be sufficiently integrated with the community, which is non-compliant with Clauses 19.02-1 and 19.02-3 of the Yarra Ranges Planning Scheme. Insufficient information has been provided to make a full assessment on the risks and risk management relevant to public safety, in association with the Education Centre use and is therefore, not supported by the Victoria Police.
2.
3.
4.
5.
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AGENDA ITEM NO. 7.2
No. of Pages - 4
7.2
Healesville Heritage Amendment 1. 2. 3. 4. 5.
Project
and
Proposed
Planning
Scheme
ATTACHMENTS
Healesville Heritage Project (Circulated Seperately) Healesville Commercial Precinct Incorporated Plan Symons Street Healesville Residential Precinct Incorporated Plan Proposed Local Planning Policies Draft Explanatory Report, Schedule to Clause 43.01, Planning Scheme Maps
RESPONSIBLE OFFICER
Director Planning, Building & Health
SUMMARY A heritage study (Healesville Heritage Project) has been undertaken for Healesville which identifies places of heritage significance. The Study is a comprehensive investigation that identifies important heritage features of Healesville that builds on the previous Shire of Yarra Ranges Heritage Study 2000. The Study will support the application of planning controls to identify and protect places of heritage value and assist in recognising the special characteristics of Healesville Township. The Study recommends a Heritage Overlay be applied to 15 individual properties within Healesville and Chum Creek and two heritage precincts. These precincts are in the Healesville commercial area along Nicholson Street and in the Symons Street residential area. It is recommended that Council adopt the Healesville Heritage Study as the strategic basis for the preparation of a planning scheme amendment to apply heritage planning controls. It is recommended that Council seek authorisation from the Minister for Planning to prepare and exhibit a planning scheme amendment to implement the findings of the Study. A full public consultation process with notification will occur as part of the amendment process.
CONTEXT Protecting places of heritage significance is important to our communities. Heritage places provide an insight to our past and add character and interest to our towns.
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AGENDA ITEM NO. 7.2
Under the Planning and Environment Act 1987 one of the objectives of planning in Victoria is to conserve and enhance buildings, areas or other places which are of scientific, aesthetic, architectural or historical interest. State and local planning policies support the identification and conservation of heritage places and direct councils to identify, assess and document places of natural and cultural heritage significance as a basis for inclusion into the planning scheme via the Heritage Overlay. The Heritage Overlay requires a planning permit for buildings and works, subdivision and demolition. It ensures development does not adversely affect the heritage significance of the place and that heritage issues are fully considered in any proposed development of the site. The process to identify places for inclusion into the Heritage Overlay requires preparation of a detailed heritage study, as heritage places are required to meet specific criteria recommended by the State Government body Heritage Victoria and each site must have a detailed citation to support the planning controls. Heritage studies provide the supporting documentation for the introduction of a Heritage Overlay to a particular property or place through a planning scheme amendment. BACKGROUND The Yarra Ranges Planning Scheme currently contains in excess of 400 heritage sites protected by the Heritage Overlay. These heritage sites resulted from approximately 2000 sites nominated and reviewed in the Shire of Yarra Ranges Heritage Study 2000 prepared by Context Pty Ltd. Since 2000, Council has systematically worked through a number of potential sites and precinct areas earmarked in the Context Study for further investigation. Council has prioritised the work based on areas where development pressure is most likely to occur. Councils most recent work on heritage sites was completed in 2011 and reviewed a number of sites in Lilydale, Belgrave, Upwey and Tecoma. The Healesville Heritage Project completes the next phase of work and complements the structure planning work currently underway in Healesville. A copy of the study is provided in Attachment 1. Healesville Heritage Project Heritage consultants Lovell Chen Pty Ltd were appointed to undertake the Healesville Heritage Project. Three key areas were identified to be investigated. Healesville commercial area included approximately 150 properties within a defined study area boundary located on the north and south sides of Nicholson Street (Maroondah Highway). Healesville historic houses included approximately 130 houses within a defined study area boundary. The historic houses and study area were identified through a preliminary walking survey of residential streets in the older areas of Healesville.
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AGENDA ITEM NO. 7.2
Individual properties included nine properties located within Healesville and Chum Creek. The properties were nominated by the Healesville Historical Society or identified for further investigation in the Shire of Yarra Ranges Heritage Study 2000.
Methodology As part of the investigations, a physical survey was undertaken to identify properties of potential heritage value either for inclusion into heritage precincts or to be identified under individual Heritage Overlays. Identified properties were inspected from the street and where this was not possible permission from the landowner was sought requesting access to the site. Historical research was undertaken for each property using rate books, historical publications and other resources. Properties were assessed for their heritage significance using the standard criteria adopted by Heritage Victoria. Other considerations were intactness and comparative analysis. Heritage citations were prepared for each proposed precinct and individual properties. Findings The key findings of the Healesville Heritage Project are: A recommended heritage precinct for the Healesville main street including properties on the north and south side of Nicholson Street. The precinct contains commercial buildings of varying levels of significance. A list of included properties is shown in Attachment 2 Commercial Precinct Incorporated Plan. A recommended heritage precinct in Symons Street that includes 38 properties. The precinct identifies three non-contiguous sections. A list of the properties is included in Attachment 3 - Symons Street Precinct Incorporated Plan. Individual Heritage Overlays are recommended for 15 residential properties within the Healesville and Chum Creek area as follows: o o o o o o o o o o o o 1 View Street, Healesville 2 Westmount Road, Healesville 17 Old Fernshaw Road, Healesville 17 Stephens Road, Healesville 19 Stephens Road, Healesville 17 Harker Street, Healesville 91 Maroondah Hwy, Healesville 95 Maroondah Hwy, Healesville 122 Maroondah Hwy, Healesville 347 Maroondah Hwy, Healesville 81 Newgrove Road, Healesville 3 Old Chum Creek Road, Chum Creek
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AGENDA ITEM NO. 7.2
o o o
426 Maroondah Hwy, Healesville 39 Mc Grettons Road, Healesville 45 Mc Grettons Road, Healesville
It is intended to implement the findings of the Healesville Heritage Project by a planning scheme amendment which will apply the Heritage Overlay to 15 individual properties and two precincts as outlined above. Proposed planning controls In addition to applying the Heritage Overlay, it is proposed to introduce a Local Planning Policy and an Incorporated Plan for each Heritage Precinct. The Incorporated Plans classify each building based on the level of significance. Three categories of significance are identified and those nominated in the lowest category (non-contributory buildings) will be exempt from a range of permit requirements that are normally required under the Heritage Overlay. This includes demolition, routine maintenance, extensions to the rear of the property, side and rear fences and external alterations to the building. The Local Planning Policies will provide additional guidance to Council and applicants when a permit is required within the precinct. Copies of the Incorporated Plans are provided in Attachments 2 and 3 and the proposed Local Planning Policies are in Attachment 4. A strategic assessment of the proposed amendment against relevant provisions of the Yarra Ranges Planning Scheme is provided in the attached Draft Explanatory Report, along with the proposed planning scheme maps, Clause 43.01 Heritage Overlay and Schedule to Clause 43.01 (refer to Attachment 5). This assessment demonstrates consistency of the proposed amendment with State and local planning policy and that the form and content of the proposed amendment is appropriate. It is possible to allow uses that are normally prohibited by the zone through using the schedule to the Heritage Overlay. This provision is generally restricted to places where the available range of permissible uses is insufficient to provide for the future conservation of the building. The properties proposed to be included in an individual Heritage Overlay are used for residential purposes and this use is likely to remain for the foreseeable future and alternative uses beyond that provided for in the relevant residential zone provisions are not recommended. Additionally, greater flexibility in the new residential zones will give adequate scope for alternative uses to support the use of the heritage property. Interim heritage protection Generally, interim heritage controls are applied as a precaution to protect buildings during the amendment process. However in recent times the State Government has been reluctant to introduce interim heritage controls through a Ministerial Amendment unless the building is under immediate threat. Given this feedback, it is recommended that Council proceed with preparing and exhibiting the planning scheme amendment and not seek concurrent interim heritage controls as has been the practice in previous heritage amendments.
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AGENDA ITEM NO. 7.2
If during the amendment process an application is received to demolish a building that is proposed to be included in a Heritage Overlay, an assessment will need to be undertaken to consider the need for applying to the Minister for Planning for interim heritage controls. If the Minister agrees to the request, a Heritage Overlay would be applied to the nominated site on an interim basis to enable the heritage significance of a place be considered as part of a planning permit application. Healesville Structure Plan Council is currently preparing a structure plan for Healesville that is intended to be completed in 2014. While the heritage investigations and proposed planning scheme amendment can run independently from the structure plan process, the studys findings will be used to inform preparation of the structure plan. The outcome of the planning scheme amendment can also be incorporated into the final structure plan.
CONSULTATION Officers have consulted with the owners of all properties included in the Healesville Heritage Project during its development. This has involved receiving feedback on the relevant citations that identify the historical significance of each building. From this feedback one written submission was received in regard to 19 Harker Street which provided information on works and alterations that had occurred on the property. The scope of the changes was more significant than originally assessed and on this basis Councils heritage consultant recommended the property be removed from the Healesville Heritage Project. This has been done and the property has been excluded from the proposed planning scheme amendment. Should Council decide to prepare a planning scheme amendment, a formal exhibition process will occur where all parties will be notified in writing of the proposed planning controls and will be provided with copies of individual citations as part of the normal exhibition process.
CONCLUSION The Healesville Heritage Project represents a comprehensive assessment of many elements of the historical significance of Healesville and makes a number of important recommendations aimed at protecting the historical fabric of Healesville. Implementation of the Healesville Heritage Project will assist in protecting places of heritage significance within Healesville and will assist in preserving and enhancing the heritage significance of the town. The proposed planning scheme amendment has been designed to identify important heritage precincts as well as individual heritage buildings. Having finalised the Healesville Heritage Project it is now recommended that Council commence the next phase of the process by adopting the Healesville Heritage Project and initiate a planning scheme amendment to implement the findings of the study.
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AGENDA ITEM NO. 7.2
RECOMMENDATION That Council:

1.
Adopt the Healesville Heritage Project for the purposes of preparing a planning scheme amendment to introduce the Heritage Overlay to fifteen (15) identified sites and two precincts as recommended in the study. Seek authorisation from the Minister for Planning to prepare and exhibit a planning scheme amendment generally as shown in the attached draft amendment documentation and detailed in this report.
2.
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ATTACHMENT 2 Clause 43.01 Incorporated Plan Healesville Commercial Precinct 1.0 Preamble This document is incorporated into the Yarra Ranges Planning Scheme pursuant to Clause 81.01, as an Incorporated Plan under Clause 43.01 Heritage Overlay. 2.0 Application This document applies to the Healesville Commercial Precinct identified by Heritage Overlay 429. 3.0 Definitions The relevant definitions of significant, contributory and non-contributory buildings have been taken from the Healesville Heritage Project (Lovell Chen 2013). Significant Significant buildings in the precinct include those with existing individual Heritage Overlay controls. These include several prominent and/or particularly important historic buildings in the Healesville commercial context. These buildings, and those identified in this study as being significant are typically also reasonably externally intact, and are more architecturally distinguished than contributory properties. They may also retain a higher degree of original fabric and integrity including unpainted brick and render finishes, original or little-modified shopfronts including original metal- framed or timber-framed glazing, leadlight, vitreous tiling to piers, in-goes and stallboards, and original or early parapet forms. This grading also includes buildings which are unusual elements in the commercial precinct. Contributory Contributory buildings in the precinct are also comparatively externally intact, albeit typically less architecturally distinguished than significant buildings. Over-painting original surfaces or finishes, as well as changing shopfronts and in some cases first floor windows are among the common alterations made to the contributory commercial buildings. It is also recognised that changes to ground floor shopfronts is a common occurrence generally with historic commercial buildings. Non Contributory Non-contributory buildings include recent infill development, including post-WWII development of little or no architectural merit or heritage character; earlier buildings which have been significantly modified and where the alterations have diminished the heritage value and character; and some recent faux Victorian style shop buildings.
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ATTACHMENT 2 4.0 Figure 1: Healesville Commercial Precinct
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ATTACHMENT 2 5.0 Table of Properties in the Healesville Commercial Precinct Property Address 195 Nicholson Street 197-197A Nicholson Street 199 Nicholson Street 201A Nicholson Street 201 Nicholson Street 203-205 Nicholson Street 207 Nicholson Street 209 Nicholson Street 211 Nicholson Street 213/213A Nicholson Street 215 Nicholson Street 217, 217 A, 217 B Nicholson Street 219 Nicholson Street 221 Nicholson Street 223 Nicholson Street 225 Nicholson Street 227-229 Nicholson Street 231 Nicholson Street 194-196 Nicholson Street 200-202 Nicholson Street 204 Nicholson Street 206 Nicholson Street 210 Nicholson Street 212 Nicholson Street 214-220 Nicholson Street 222-226 Nicholson Street 228 Nicholson Street 230 Nicholson Street 232 -234 Nicholson Street 236 Nicholson Street 238-240 Nicholson Street 242 Nicholson Street 244 Nicholson Street 246-248 Nicholson Street 250 Nicholson Street 252 Nicholson Street 254 Nicholson Street 256 Nicholson Street 258 Nicholson Street 260 Nicholson Street 262 Nicholson Street 264-268 Nicholson Street (5-7 Green Street) 270 Nicholson Street 272 Nicholson Street Level of Significance Significant Non- Contributory Non- Contributory Non- Contributory Contributory Non- Contributory Non- Contributory Contributory Contributory Non- Contributory Non- Contributory Contributory Significant Non- Contributory Non- Contributory Contributory Contributory Significant Significant Non- Contributory Significant Significant Non- Contributory Contributory Contributory Non- Contributory Significant Significant Contributory Non- Contributory Contributory Contributory Contributory Contributory Non- Contributory Non- Contributory Non- Contributory Significant Contributory Contributory Contributory Contributory Significant Non- Contributory
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ATTACHMENT 2 274 Nicholson Street 276-278 Nicholson Street 282-284 Nicholson Street 286 Nicholson Street 288 Nicholson Street 292 Nicholson Street 294-298 Nicholson Street 302-308 Nicholson Street 310 Nicholson Street 312 Nicholson Street 314 Nicholson Street 6.0 Planning Permit Exemptions This section provides specific exemptions to the requirements of a planning permit under Clause 41.03 Heritage Overlay in Yarra Ranges Planning Scheme. This document does not apply to the requirements of any other provision of the Yarra Ranges Planning Scheme. A planning permit is not required under Clause 43.01 of the Yarra Ranges Planning Scheme for: 1. Demolition or partial demolition of a non-contributory building. 2. Routine maintenance of a non-contributory building that would change the appearance of that building. This does not apply if the repairs or maintenance would result in an extension to the building. 3. Construction or demolition of a side or rear fence of any property. 4. External alteration of a non-contributory building by structural work, rendering, sandblasting or in any other way. 5. Extension or alterations to the rear of a non-contributory building provided the works are not visible from Nicholson Street. 6. Construction of disabled access to a non-contributory building. Reference: Healesville Heritage Project 2013 (Lovell Chen 2013) Non- Contributory Non- Contributory Non- Contributory Significant Non- Contributory Non- Contributory Significant Non- Contributory Contributory Contributory Non- Contributory
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ATTACHMENT 3 Clause 43.01 Incorporated Plan Symons Street, Healesville Residential Precinct 1.0 Preamble This document is incorporated into the Yarra Ranges Planning Scheme pursuant to Clause 81.01, as an Incorporated Plan under Clause 43.01 Heritage Overlay. 2.0 Application This Incorporated Plan applies the Symons Street Heritage Precinct identified by Heritage Overlay 428. 3.0 Definitions The relevant definitions of significant, contributory and non-contributory buildings have been taken from the Healesville Heritage Project (Lovell Chen 2013). Significant Significant buildings in the precinct are individually important in the precinct context, because they exhibit particular architectural merit or other notable and distinguishing characteristics; they may be large and/or more prominent dwellings; they are also typically highly intact, although some visible external changes may be evident (as seen from the principal streetscape). A property of particular historical importance may also be significant. Contributory Contributory buildings are also generally externally intact, but minor changes to the principal facades of these dwellings may be evident. They are typically less architecturally distinguished or prominent than the significant buildings. For contributory buildings, some additions may also be visible including potentially additions to the rears of dwellings. Non-contributory Non-contributory buildings include more recent development of little or no architectural merit or heritage character; and earlier buildings which have been significantly modified and where the alterations have diminished the heritage value and character.
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ATTACHMENT 3 4.0 Figure 1: Symons Street, Healesville Residential Precinct
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ATTACHMENT 3 5.0 Table of Properties in the Symons Street Residential Precinct Property Address
1 Church Street 27-29 Crowley Road 1 Green Street 2 Green Street 1/4 Green Street 1/4A Green Street 6 Green Street 8 Green Street 2 Manse Street 6 Manse Street 7 Manse Street 8 Manse Street 9 Manse Street 1 Symons Street 2 Symons Street 3-7 Symons Street 4 Symons Street 9 Symons Street 11 Symons Street 13 Symons Street 15 Symons Street 17 Symons Street 24 Symons Street 26 Symons Street 28-30 Symons Street 29 Symons Street 31 Symons Street 32 Symons Street 41 Symons Street 42 Symons Street 43 Symons Street 44 Symons Street 45-47 Symons Street 46 Symons Street 48 Symons Street 49 Symons Street 51 Symons Street
Level of Significance Contributory Significant Contributory Contributory Non-contributory Non-contributory Contributory Contributory Contributory Contributory Contributory Contributory Significant Significant Contributory Significant Contributory Contributory Non-contributory Contributory Non-contributory Contributory Contributory Non-contributory Significant Contributory Contributory Contributory Contributory Contributory Non-contributory Contributory Contributory Non-contributory Contributory Contributory Contributory
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ATTACHMENT 3
6.0 Planning Permit Exemptions This section provides specific exemptions to the requirements of a planning permit under the Heritage Overlay in Yarra Ranges Planning Scheme. This document does not apply to the requirements of any other provision of the Yarra Ranges Planning Scheme. A planning permit is not required under Clause 43.01 of the Yarra Ranges Planning Scheme for: 1. Demolition or partial demolition of a non-contributory building. 2. Routine maintenance of a non-contributory building that would change the appearance of that building. This does not apply if the repairs or maintenance would result in an extension to the building. 3. Construction of a front fence less than 1.2m in height on a property identified as non-contributory. 4. Construction or demolition of a side or rear fence of any property. 5. External alteration of a non-contributory building by structural work, rendering, sandblasting or in any other way. 6. Extension or alterations to the rear of a non-contributory building provided the works are not visible from public realm. 7. Installation of domestic services normal to a dwelling any building. Reference: Healesville Heritage Project 2013 (Lovell Chen 2013)
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YARRA RANGES PLANNING SCHEME
ATTACHMENT 4a
22. X
HEALESVILLE COMMERCIAL PRECINCT
--/--/20C131 This local planning policy applies to applications in the Healesville Commercial Precinct as identified
in the precinct map. Policy Basis This policy builds on Clauses 15.03 21.06 and 43.01 to protect and conserve cultural heritage by providing specific guidelines for the Healesville Commercial Precinct. Healesville Commercial Precinct is of local historical, social and aesthetic/ architectural significance as a long standing shopping strip in Healesville. Known as Nicholson Street, the street was named after the Premier of Victoria between 1859 and 1860. Nicholson Street emerged after the town survey in 1865 as the main street through Healesville. Significant and contributory buildings range from 1880s to post World War II. Nicholson Street has a history of containing a diversity of business activities supporting local tourists as well as residents. Situated on a terraced hillside and lined with mature trees, Nicholson Street generally contains, two storey buildings located on the high side and single storey on the low side of the street. Policy Objectives The objectives of this policy are to: Ensure development maintains the prominance of the significant and contributory buildings. Ensure development integrates with the surrounding heritage buildings and streetscape. Encourage development that enhances the character and appearance of the heritage precinct. Ensure new development does not dominate the heritage precinct. Ensure the design of new buildings adopt a contemporary interpretation of traditional forms. Maintain the architectural integrity and character of significant and contributory buildings. Ensure development of non-contributory buildings are considered in the context of their impact on significant and contributory buildings and the streetscape.
Policy It is policy to: Consider the relevant heritage study, giving particular regard to the statement of significance. Protect and maintain the mature street trees.
New buildings, alterations and additions Ensure the overall form of development reflects the bulk, height, setbacks, form and appearance of typical contributory and significant heritage buildings. Discourage changes to the principal facade or visible roof form of significant and contributory buildings. Discourage alterations or additions which obscure, alter or remove original features and details that contribute to the significance of the place. Encourage alterations and additions to be designed in a manner that responds to and is compatible with the built form and architectural treatment of the heritage place. Encourage additions to significant and contributory buildings at the rear where they are less visible from the street. Encourage upper level additions to be sited behind the principal visible roof so they are less visible from the street.
Local Planning Policies - Clause 22
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ATTACHMENT 4a

Discourage development which mimics historic styles. Ensure new development is clearly distinguishable as new buildings. Encourage the removal of elements which are intrusive to the heritage significance. Encourage the use of traditional construction materials. Retain shop fronts, doors and windows of significant and contributory buildings as important aspects of the public interface of retail premises and streetscape. Discourage the painting or rendering of unpainted surfaces. Discourage the installation of new windows and doors in the front facade of that is visible to the public realm. Discourage the replacement of original timber window frames with alternative materials such as aluminium.
Advertising signs Ensure signs do not obscure or detract from any architectural feature of significance. Ensure signs complement the historic character of the building. Discourage the painting of buildings in corporate colours.
Reference: Healesville Heritage Project 2013 (Lovell Chen 2013)
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ATTACHMENT 4a
Healesville Commercial Precinct Map
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ATTACHMENT 4b
22. X SYMONS STREET HEALESVILLE RESIDENTIAL PRECINCT
--/--/20C131 This local planning policy applies to applications in the Symons Street Residential Precinct as
identified in the precinct map below. Policy Basis This policy builds on Clauses 15.03, 21.06 and 43.01 to protect and conserve cultural heritage by providing specific guidelines for the Symons Street Residential Precinct. Symons Street Residential Precinct is of local historical and aesthetic significance as a long standing residential area in Healesville. Some of the allotments were purchased in the 1865 land sales, after the initial township survey. Significant and contributory buildings range from 1880s to 1940s including late Victorian/ Federeation to interwar architectural styles. The precinct features a mix of modest and larger buildings, mostly constructed of timber with varying setbacks to the street. Symons Street is a divided road with mature gardens and trees with a high and low side. The precinct attracted prominent and affluent members of the community and guesthouses to take advantage of the views and close proximity to Healesville main street. The buildings were often built to adopt to the sloping allotments in a picturesque setting. Healesvilles history of tourism is also highlighted in the historic guesthouses contained in the precinct.
Policy Objectives The objectives of this policy are to: Policy It is policy to: Take into account the relevant heritage study, giving particular regard to the statement of significance. Ensure the overall form of development reflects the bulk, form, setbacks and appearance of typical contributory and significant heritage buildings. Discourage changes to the principal facade or principal visible roof form of significant and contributory buildings. Maintain the rhythm of spacing and side setbacks between dwellings. Maintain the consistency, where present, of contributory and significant building front setbacks. Ensure the height of development does not exceed adjoining contributory or significant buildings. Discourage alterations or additions which obscure, alter or remove original features and details that contribute to the significance of the place. Ensure development maintains the prominance of the significant and contributory buildings. Ensure development integrates with the surrounding heritage buildings and streetscape. Encourage development that enhances the character and appearance of the heritage precinct. Ensure new development does not dominate the heritage precinct. Ensure the design of new buildings adopt a contemporary interpretation of traditional forms. Maintain the architectural integrity and character of significant and contributory buildings. Ensure development of non-contributory buildings are considered in the context of their impact on significant and contributory buildings and the streetscape. Protect and maintain the trees that contribute to the heritage significance of the precinct.
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ATTACHMENT 4b
Encourage alterations and additions designed in a manner that responds to, is respectful of, and is compatible with the built form and architectural treatment of the heritage place. Encourage additions to significant and contributory at the rear or side where they are less visible from the street and can be distinguished from the original building. Encourage upper level additions to be sited behind the principal visible roof so they are less visible from the street. Discourage development which mimics historic styles. Ensure new development is clearly distinguishable as new buildings. Encourage the removal of elements which are intrusive to the heritage significance. Encourage the use of traditional construction materials. Minimise earthworks by ensuring buildings respond to the contours of the site. Ensure alterations and additions are distinguishable form the original building.
Garages, carports and sheds Fences Encourage the retention and conservation of fences and gates that are a feature of significant and contributory heritage places. Encourage fences that complement the style and period of construction in terms of height, materials and design of the significant or contributory heritage buildings, or in the case of non-contributory buildings the precinct. Ensure fencing does not obscure views to the front facade of significant or contributory buildings. Locate garages, carport and sheds so as not to project forward of the front facade of the dwelling. Encourage garages, carport and sheds to have roof forms and materials that complement the dwelling, if visible from the street. Discourage the creation of additional vehicle crossovers.
Reference: Healesville Heritage Project 2013 (Lovell Chen 2013)
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ATTACHMENT 4b
Symons Street Residential Precinct Map
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ATTACHMENT 5a
Planning and Environment Act 1987
YARRA RANGES PLANNING SCHEME AMENDMENT C131 (PROPOSED)

EXPLANATORY REPORT Who is the planning authority?
This amendment has been prepared by the Yarra Ranges Shire Council, who is the planning authority for this amendment. The amendment has been made at the request of Yarra Ranges Shire Council.
Land Affected By The Amendment

The amendment applies to the 15 individual properties and two precincts described below. Individual properties in Healesville and Chum Creek compromising of:
1-3 View Street, Healesville 2 Westmount Road, Healesville 17 Harker Street, Healesville 17 Old Fernshaw Road, Healesville 17 Stephens Road, Healesville 19 Stephens Road, Healesville 91 Maroondah Highway, Healesville 95 Maroondah Highway, Healesville 122 Maroondah Highway, Healesville 347 Maroondah Highway, Healesville 81 Newgrove Road, Healesville 3 Old Chum Creek Road, Chum Creek 426 Maroondah Highway, Healesville 39 McGrettons Road, Healesville 45 McGrettons Road, Healesville
Healesville Commercial Centre Precinct which comprises of 57 individual properties:

195 Nicholson Street, Healesville 197 -197ANicholson Street, Healesville 199 Nicholson Street, Healesville 201A Nicholson Street, Healesville 201 Nicholson Street, Healesville 203-205 Nicholson Street, Healesville 207 Nicholson Street, Healesville
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ATTACHMENT 5a
209 Nicholson Street, Healesville 211 Nicholson Street, Healesville 213/213A Nicholson Street, Healesville 215 Nicholson Street, Healesville 217, 217A, 217 B Nicholson Street, Healesville 219 Nicholson Street, Healesville 221 Nicholson Street, Healesville 223 Nicholson Street, Healesville 225 Nicholson Street, Healesville 227-229 Nicholson Street, Healesville 231 Nicholson Street, Healesville 194-196 Nicholson Street, Healesville 200-202 Nicholson Street, Healesville 204 Nicholson Street, Healesville 206 Nicholson Street, Healesville 210 Nicholson Street, Healesville 212 Nicholson Street, Healesville 214-220 Nicholson Street, Healesville ( 5 Church Street) 222-226 Nicholson Street, Healesville 228 Nicholson Street, Healesville 230 Nicholson Street, Healesville 232 -234 Nicholson Street, Healesville 236 Nicholson Street, Healesville 238-240 Nicholson Street, Healesville 242 Nicholson Street, Healesville 244 Nicholson Street, Healesville 246-248 Nicholson Street, Healesville 250 Nicholson Street, Healesville 252 Nicholson Street, Healesville 254 Nicholson Street, Healesville 256 Nicholson Street, Healesville 258 Nicholson Street, Healesville 260 Nicholson Street, Healesville 262 Nicholson Street, Healesville 264-268 Nicholson Street, Healesville (5-7 Green Street) 270 Nicholson Street, Healesville 272 Nicholson Street, Healesville 274 Nicholson Street, Healesville
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ATTACHMENT 5a
276-278 Nicholson Street, Healesville 282-284 Nicholson Street, Healesville 286 Nicholson Street, Healesville 288 Nicholson Street, Healesville 292 Nicholson Street, Healesville 294 Nicholson Street, Healesville 302-308 Nicholson Street, Healesville 310 Nicholson Street, Healesville 312 Nicholson Street, Healesville 314 Nicholson Street, Healesville
Symons Street Healesville Precinct which includes three groups comprising of 37 individual properties:
1 Church Street, Healesville 27-29 Crowley Road, Healesville 1 Green Street, Healesville 2 Green Street, Healesville 1/4A Green Street, Healesville 2/4 Green Street, Healesville 6 Green Street, Healesville 8 Green Street, Healesville 2 Manse Street, Healesville 6 Manse Street, Healesville 7 Manse Street, Healesville 8 Manse Street, Healesville 9 Manse Street, Healesville 1 Symons Street, Healesville 2 Symons Street, Healesville 3-7 Symons Street, Healesville 4 Symons Street, Healesville 9 Symons Street, Healesville 11 Symons Street, Healesville 13 Symons Street, Healesville 15 Symons Street, Healesville 17 Symons Street, Healesville 24 Symons Street, Healesville 26 Symons Street, Healesville 28-30 Symons Street, Healesville
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ATTACHMENT 5a
29 Symons Street, Healesville 31 Symons Street, Healesville 32 Symons Street, Healesville 41 Symons Street, Healesville 42 Symons Street, Healesville 43 Symons Street, Healesville 44 Symons Street, Healesville 45-47 Symons Street, Healesville 46 Symons Street, Healesville 48 Symons Street, Healesville 49 Symons Street, Healesville 51 Symons Street, Healesville
What the amendment does

The amendment proposes to introduce Heritage Overlays to the properties and areas identified by the Healesville Heritage Project prepared by Lovell Chen 2012: 15 individual properties in the Healesville and Chum Creek A precinct in the Healesville Commercial area A non-contiguous precinct along Symons Street Healesville
The amendment also proposes to introduce two local planning policies to provide specific direction for application in the Commercial and Symons Street Precincts. To accompany these precincts two incorporated plans have been prepared to provide planning permit exemptions for non-contributory buildings.
Strategic assessment of the amendment Why is the amendment required?

The amendment is required to implement the recommendations of the Healesville Heritage Project and apply 17 new Heritage Overlays. The amendment will provide protection from demolition of the places identified as heritage significance.
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ATTACHMENT 5a How does the amendment implement the objectives of planning in Victoria?
The amendment is consistent with the objectives of planning in Victoria by implementing the objective in Section 4 (1d) of the Planning and Environment Act 1987: ...to conserve and enhance those buildings, areas or other places which are of scientific, aesthetic, architectural or historical interest, or otherwise of special cultural value.
How does the amendment address the environmental effects and any relevant social and economic effects?
The amendment will benefit the community through retention of historical elements in the streetscape which are valuable in providing a link with the past. The amendment may contribute additional economic benefits to the community through the heritage places contributing to the character, appeal and interest of Healesville which will assist in establishing Healesville a tourist destination.
Does the amendment address relevant bushfire risk?

The majority of properties affected by this amendment are located in an urban area, which are not areas of significant bushfire risk. One property is affected by a Bushfire Management Overlay. However, the Heritage Overlay provisions will not override, or conflict with the safety provisions that form part of the Bushfire Management Overlay.
Does the amendment comply with the requirements of any Ministers Direction applicable to the amendment?
The amendment is consistent with the Ministerial Direction on the Form and Content of Planning Schemes under Section 7(5) of the Planning and Environment Act. The following Directions under section 12 of the Planning and Environment Act 1987 are also relevant: Ministerial Direction No. 9 - Melbourne Metropolitan Strategy The amendment is consistent with the policy directions of Melbourne 2030, in particular direction 5 - A great place to be which seeks to protect heritage places and values. Ministerial Direction No. 11 - Strategic Assessments of Amendments The amendment is consistent with this direction which ensures a comprehensive strategic evaluation of a planning scheme amendment and the outcomes it produces.
How does the amendment support or implement the State Planning Policy Framework and any adopted State policy?
The Amendment is consistent with the State Planning Policy Framework of the Yarra Ranges Planning Scheme. The objective of Clause 15.03-1 Heritage Conservation is to ensure the conservation of places of heritage significance. This clause also includes a strategy to identify, assess and document places of natural and cultural heritage significance as a basis for their inclusion in to the planning scheme.
How does the amendment support or implement the Local Planning Policy Framework, and specifically the Municipal Strategic Statement?
The amendment is consistent with the Local Planning Policy Framework of the Yarra Ranges Planning Scheme. Clause 21.06-1 Heritage Conservation seeks to protect and conserve the Shires cultural heritage by: Applying a Heritage Overlay to buildings and sites that have been identified as being of heritage significance.
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ATTACHMENT 5a Does the amendment make proper use of the Victoria Planning Provisions?
The Heritage Overlay (HO) is the tool provided in the Victoria Planning Provisions to protect and conserve heritage places, in accordance with the recommendations contained in the Planning Practice Note Applying the Heritage Overlay. The HO requires a planning permit for buildings and works, subdivision and demolition to ensure that development does not adversely affect the heritage significance of the place.
How does the amendment address the views of any relevant agency?
All relevant agencies will be given an opportunity for comment on the specific provisions of the amendment during the public exhibition process.
Does the amendment address relevant requirements of the Transport Integration Act 2010?
The amendment is not expected to have any significant impacts on the transport system.
Resource and administrative costs What impact will the new planning provisions have on the resource and administrative costs of the responsible authority?
Some additional resources and administrative costs will be incurred as a result of the proposed amendment but these can be accommodated within Councils existing resources. Two incorporated plans have been prepared to minimise planning permit requirements, especially for non-contributory buildings.
Panel hearing dates

In accordance with clause 4(2) of Ministerial Direction No.15 the following panel hearing dates have been set for this amendment: directions hearing: [insert directions hearing date] panel hearing: [insert panel hearing date]
Where you may inspect this amendment

The amendment is available for public inspection, free of charge at the following Yarra Ranges Community Link Centres: Lilydale - Anderson Street, Lilydale Monbulk - 21 Main Road, Monbulk Healesville 110 River Street, Healesville Upwey - 40 Main Street, Upwey Yarra Junction - Warburton Highway/Hoddle Street, Yarra Junction Our Community Links are open Monday to Friday 9am to 5pm (Lilydale open at 8.30am) and Saturday 9am to 12pm. The amendment can also be inspected free of charge at the Department of Planning and Community Development web site at www.dpcd.vic.gov.au/planning/publicinspection and Yarra Ranges Council web site at www.yarraranges.vic.gov.au by searching Amendment C131. Any person who may be affected by the amendment or by the granting of the permit may make a submission to the planning authority.
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ATTACHMENT 5a
The closing date for submissions is ***. A submission must be sent to the Manager Strategic Planning, Yarra Ranges Council, PO Box 105, Lilydale VIC 3140. Any submissions about the amendment must:

Be made in writing, giving the submitters name, address and, if practicable, a phone number for contact during office hours. Set out the views on the amendment that the submitter wishes to put before Council and indicate what changes (if any) the submitter wishes made to the amendment. State whether the person/s making the submission/s wishes to be heard in support of their submission.
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ATTACHMENT 5b
../../.. C131
PS Map Ref
SCHEDULE TO THE HERITAGE OVERLAY The requirements of this overlay apply to both the heritage place and its associated land.
External Paint Controls Apply? Internal Tree Alteration Controls Controls Apply? Apply? Outbuildings or fences which are not exempt under Clause 43.013 Included Prohibited Name of Aboriginal on the uses may be Incorporated heritage place? Victorian permitted? Plan under Heritage Clause 43.01-2 Register under the Heritage Act 1995 No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No
Heritage Place
HO413 Residence 1 -3 View Street, Healesville HO414 Residence 2 Westmount Road, Healesville HO415 Residence 17 Harker Street, Healesville HO428 Residence and Shed 45 McGrettons Road, Healesville HO417 Residence 17 Old Fernshaw Road, Healesville HO418 Hiawatha - Residence 17 Stephens Road, Healesville HO419 Mandeville - Residence 19 Stephens Road, Healesville HO420 Lauriston - Residence 91 Maroondah Highway, Healesville HO421 Hillgrove - Residence 95 Maroondah Highway, Healesville HO422 Residence 122 Maroondah Highway, Healesville HO423 Millowen - Residence 347 Maroondah Highway, Healesville
No No No No No No No No No No No
No No No Yes Yes No No No No No No
HERITAGE OVERLAY SCHEDULE
PAGE #
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ATTACHMENT 5b
PS Map Ref Heritage Place External Paint Controls Apply? Internal Tree Alteration Controls Controls Apply? Apply? Outbuildings or fences which are not exempt under Clause 43.013 Included Prohibited Name of Aboriginal on the uses may be Incorporated heritage place? Victorian permitted? Plan under Heritage Clause 43.01-2 Register under the Heritage Act 1995 No No No No No No No No No No Symons Street Healesville Residential Precinct Healesville Commercial Precinct No No No No No
HO424 Residence 81 Newgrove Road, Healesville HO425 Former Healesville West Post Office 3 Old Chum Creek Road, Chum Creek HO426 Waaroongah - Residence 426 Maroondah Highway, Healesville HO427 Bona Vista - Residence 39 McGrettons Road, Healesville HO428 Symons Precinct Street Healesville Residential
No No No No No
No No No No No
Yes No Yes Yes Yes
No No No No No
HO429 Healesville Commercial Precinct
No
No
No
No
No
No
No
HERITAGE OVERLAY SCHEDULE
PAGE #
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AGENDA ITEM NO 7.3
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7.3
Eastern Council Group Submission to the Draft Metropolitan Planning Strategy Plan Melbourne 1. Eastern Metropolitan Group of Councils submission to Plan Melbourne
ATTACHMENTS
RESPONSIBLE OFFICER
Director Planning Building & Health
SUMMARY The State Government has released Plan Melbourne, the new metropolitan planning strategy. Comments on the Strategy are due by 6 th December 2013. Key features of the Strategy include a new Metropolitan Planning Authority to implement State significant projects and five new subregional areas are defined to implement planning and project coordination. The Eastern Metropolitan Group of Councils has now prepared a joint submission for each Council in the group to endorse. A submission from Yarra Ranges Council was prepared earlier and was endorsed by Council at its meeting 26 November. Yarra Ranges submission was used to inform the submission from the Eastern Metropolitan Group of Councils.
BACKGROUND The Victorian Government has released a new metropolitan strategy, Plan Melbourne that will replace the current strategy Melbourne 2030. The new Strategy is intended to guide the future development of Melbourne for the next 40 years, emphasizing the need for an integrated response to housing, employment transport and the environment. The key features of the new Strategy include: the creation of a Metropolitan Planning Authority to implement projects of State significance and Subregional groups of councils to facilitate planning for transport, services and employment. Yarra Ranges is included in the Eastern Subregion.
Plan Melbourne outlines seven objectives, each with identified issues, opportunities and challenges facing Melbourne into the future. A series of directions, solutions and short, medium and long term actions are provided for each objective. In summary the objectives are:
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AGENDA ITEM NO 7.3
Delivering Jobs and Investment through expansion of central Melbourne, development of National Employment Clusters, defining a city structure and a rebalance of population growth to regional centres and some rapidly growing peri-urban townships to reduce pressure on metropolitan Melbourne. Housing Choice and Affordability increase the supply of housing near services and transport, identify housing needs and facilitate a supply of social housing and affordable housing. A more connected Melbourne improve access to job rich areas, strengthen transport networks build the East West Link as an integrated transport land use project. Liveable Communities and Neighbourhoods protect neighbourhoods, respect heritage and create 20 minute neighbourhoods to improve health and well being. Environment and Water protect natural assets, enhance food production capability in non urban areas and integrate whole of water cycle management into urban development. A State of Cities Deliver a permanent boundary around Melbourne. Integrate metropolitan, peri-urban and regional planning implementation including a localised planning statement for Yarra Ranges, Mornington, Macedon and Bellarine Peninsula. Implementation establish a Metropolitan Planning Authority, Legislative and regulatory reforms and work collectively through five subregions Yarra Ranges is in the Eastern Subregion.
Council endorsed a submission to Plan Melbourne at its meeting 26 November 2013. Eastern Metropolitan Group of Councils Consistent with the earlier process established for submissions to the Discussion Paper, Council participated in the preparation of a joint submission with the Eastern Metropolitan Group of Councils (EMCG). The Eastern Metropolitan Group of Councils includes Banyule, Boroondara, Greater Dandenong, Knox, Manningham, Maroondah, Monash, Nillumbik, Whitehorse and Yarra Ranges councils. It is generally acknowledged that submissions from a group of councils are given greater weight by the State Government than those from individual councils and it is advantageous for Council to participate in group submissions.
ANALYSIS The Eastern Metropolitan Group of Councils approached Plan Melbourne in the context of continued significant population growth, and the ongoing, inadequate provision of social and physical infrastructure. It is the view of the EMCG that if left unaddressed this will result in the Eastern Region experiencing worsening congestion, a lack of affordable and diverse housing, fewer jobs and a greater strain on an already burdened infrastructure.
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Generally, the Group supports the range of actions, subregional plans, urban renewal activities and changes to the planning policy framework outlined in the Strategy along with a partnership approach. It is recognised that most comments made by the EMCG to the Discussion Paper have been picked up in the draft Strategy. The Eastern Group submission notes that Plan Melbourne must be an infrastructure led strategy that addresses the needs of Melbourne now as well as over the next 40 years. The role of the Metropolitan Planning Authority in driving delivery and facilitating action will be integral to achieving Plan Melbourne. The EMCG supports the partnership of local government with the newly formed Metropolitan Planning Authority and will require sufficient resources to deliver implementation of the Strategy.
CONSULTATION/ENGAGEMENT Consultation over a new metropolitan strategy has been occurring since 2011 with the establishment of a Ministerial Advisory Committee that undertook a range of community and stakeholder engagement including release of a Discussion Paper in October 2012. The Eastern Metropolitan Group of Councils made a submission to the Discussion Paper which Yarra Ranges Council endorsed. Generally, the comments made in the submission to the Discussion Paper have been recognised in the draft Plan Melbourne. Yarra Ranges recently endorsed submission to Plan Melbourne was used to inform this EMCG submission. Comments to the draft Plan Melbourne represent the second formal consultation phase on the metropolitan Strategy and it is understood that a final strategy will be released in early 2014. Due to the limited timeframe provided by the State Government to provide feedback on the draft Strategy, it has not been possible to seek input from the community to inform preparation of the Eastern Group submission, although it will be endorsed by each individual Council.
POLICY IMPLICATIONS Implementation of Plan Melbourne will result in changes to land use planning policies and will influence the direction and priorities of future major infrastructure investment including public transport and major road initiatives in the East. Introduction of the Strategy will result in a revised State Planning Policy Framework which will over time influence local policy directions. It is important for Council to participate in a coordinated approach to the delivery of the Strategy.
RECOMMENDATION That Council endorse the attached submission from the Eastern Metropolitan Group of Councils to the draft Metropolitan Planning Strategy - Plan Melbourne and submit it to the State Government for consideration.
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EMGC Submission Plan to Melbourne (Draft)
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EASTERN METROPOLITAN GROUP OF COUNCILS
SUBMISSION TO PLAN MELBOURNE

November 2013
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Table of Contents
1.0 EXECUTIVE SUMMARY 2.0 INTRODUCTION 3.0 PLAN MELBOURNE A RESPONSE TO THE OUTCOMES & OBJECTIVES 3.1 DELIVERING JOBS & INVESTMENT 3.1.1 Discussion .............................................................................................. 77 3.1.2 Suggestions ............................................................................................ 78 3.2 HOUSING CHOICE & AFFORDABILITY 3.2.1 Discussion .............................................................................................. 80 3.2.2 Suggestions ............................................................................................ 81 3.3 A MORE CONNECTED MELBOURNE 3.3.1 Discussion .............................................................................................. 83 3.3.2 Suggestions ............................................................................................ 83 3.4 LIVABLE COMMUNITIES & NEIGHBOURHOODS 3.4.1 Discussion .............................................................................................. 85 3.4.2 Suggestions ............................................................................................ 85 3.5 ENVIRONMENT & WATER 3.5.1 Discussion .............................................................................................. 86 3.5.2 Suggestions ............................................................................................ 86 3.6 A STATE OF CITIES 3.6.1 Discussion .............................................................................................. 87 3.6.2 Suggestions ............................................................................................ 89 3.7 IMPLEMENTATION: DELIVERING BETTER GOVERNANCE 3.7.1 Discussion .............................................................................................. 89 3.7.2 Suggestions ............................................................................................ 90 4.0 CONCLUSION
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1.0 EXECUTIVE SUMMARY
Plan Melbourne provides a comprehensive plan to address the issues and challenges facing Melbourne over the next 40 years. Its aim to integrate long-term land-use, infrastructure and transport planning to meet the needs of the future and to provide certainty for residents and business provides an important starting point for a metropolitan strategy. Within Plan Melbourne, seven Outcomes and Objectives are expressed. Outlined as follows, these are acknowledged and endorsed by the Eastern Metropolitan Group of Councils (EMGC) as fundamental and relevant planning aims for the Region. These are: Delivering Jobs & Investment Housing Choice & Affordability A More Connected Melbourne Liveable Communities & Neighbourhoods Environment & Water A State of Cities Implementation: Delivering Better Governance
The means by which the Plan Melbourne vision and objectives are to be delivered include a broad variety of short, medium and long term actions that includes the preparation of new subregional plans, undertaking urban renewal activities, making changes to the planning policy framework, and committing to a partnership approach between the newly formed Metropolitan Planning Authority and local government. Given the extent of growth that is expected to occur in Melbourne, the strategy outlined by Plan Melbourne, including the extensive number of initiatives, is generally well-considered and provides explicit recognition of the issues raised in the EMGCs submission to Melbourne, lets talk about the future (March 2013). The context in which Plan Melbourne has been considered by the EMGC is one of continued and significant population growth, and the ongoing, inadequate provision of social and physical infrastructure. Left unaddressed, the Region will continue to experience significant pressure with the result being a worsening in congestion, a lack of affordable and diverse housing, fewer jobs and a greater strain on already burdened infrastructure. Plan Melbourne must be an infrastructure led strategy that not only addresses the needs of the present but which adequately and efficiently addresses the significant growth pressures anticipated to occur in Melbourne over the next 40 years. The identified role of the Metropolitan Planning Authority in driving delivery and facilitating action, together with opening up new funding sources, will be integral to its achieving this. The success of Plan Melbourne ultimately lies in its ability to be implemented. In partnership with local government, the implementation of Plan Melbourne in a timely manner with sufficient resources for delivery is supported by the EMGC.
1.0 INTRODUCTION
This submission has been made on behalf of the Eastern Metropolitan Group of Councils (EMGC), consisting of Banyule City Council, Boroondara City Council, Greater Dandenong City Council, Knox City Council, Manningham City Council,
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ATTACHMENT 1 Maroondah City Council, Monash City Council, Nillumbik Shire Council, Whitehorse City Council, and Yarra Ranges Shire Council. The Region is a balance of dense urban, peri-urban, rural and natural environment, which contains burgeoning infill development at strategic centres. With a population of more than 1.3 million people, the Eastern Region is home to one-third of all Melburnians. Covering just over 3,500 square kilometres, or 36% of the metropolitan area, the Region contains dense urban, peri-urban and rural and natural areas. It provides 33% of all jobs within metropolitan Melbourne. Melbournes East offers the very best in Australian urban living, c ombining a strong knowledge-based economy with liveability, amenity, culture and opportunity. Within the next decade, Melbournes East will have cemented its place at the heart of Australias innovation and knowledge future, driving the ideas that lead th e nation while building Australias most desirable urban region:.
Making A Great Region Even Better: A Regional Plan For Melbournes East (RDA & RDV 2011)
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3.0 PLAN MELBOURNE A RESPONSE TO THE OUTCOMES & OBJECTIVES
3.1 Delivering Jobs & Investment
3.1.1 Discussion The new city structure outlined in Plan Melbourne is a positive response to the key economic drivers of Melbourne. As a land use and integrated transport strategy that outlines a vision for Melbourne to 2040, and which is based on infrastructure led growth, it is supported by the EMGC. The Integrated Economic Triangle and support for its continued evolution in Plan Melbourne is a sensible and strategic approach that reinforces the main elements of metropolitan Melbournes spatial economy. Plan Melbourne recognises the changing nature of Melbournes economy, and acknowledges the growth in business and population related services which now generate a greater share of employment and economic output than previously. This fact must be recognised as an important aspect when planning for Activity Centres (of all sizes) and the opportunities this presents for each of the identified subregions, given that all are forecast to accommodate significant population growth. The distinction between the role of National Employment Cluster, Metropolitan Activity Centres and other Activity Centres is important from a planning and investment perspective. Facilitating the development of National Employment Clusters and supporting the planning of Activity Centres to accommodate a skilled job force and value-adding industries is an integral spatial concept that must be backed up Government investment and the provision of resources to reinforce the hierarchy. The identification of five new subregions, each to be anchored by a National Employment Cluster, a major economic gateway and Metropolitan Activity Centres, will be valuable in informing future land use and infrastructure planning, as well as investment decisions. The important future initiatives, the places of state-significance, the identified Activity Centres and the urban renewal locations (as indicated on Map 33; p 159) are logical opportunities and key elements for the Eastern subregion, which are supported by the EMGC. The reclassification of Activity Centres, including the removal of Principal (PAC) and Major (MAC) designations is acknowledged. As generic designations these did not necessarily reflect a Centres genuine potential, or its specific opportunities and constraints. Understanding the specific role and potential of each Centre in its geographic context (local and regional), should however remain an important component in a strategic planning framework.
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ATTACHMENT 1 The identification of selected Metropolitan Activity Centres based on existing public transport networks with the aim of attracting investment in education and health, as well as providing diversity of jobs and increased housing opportunities, will better reinforce a logical growth hierarchy and provide a clearer focus for infrastructure investment. Identifying urban renewal sites around the existing transport network to unlock investment opportunities for the private sector and to maximise the States return on infrastructure is an important first step in the renewal process. However, this must be supported by policy and infrastructure investment decisions that drive delivery. The need for collaboration between State and local government to develop long term plans for the subregions is fundamental to the success of the Plan and is strongly supported. It is an important first step that recognises the need for collaboration in a process where a one -size fits all model should not apply. This is particularly the case in relation to meeting housing, retail and commercial targets.
3.1.2 Suggestions
Further to the vision expressed, Plan Melbourne should expand on its vision for Melbourne, which is for it to become a global city of opportunity and choice. This should include a description of its intended national and international role for the next 40 years, including its relationship with other Australian capital cities.
Unlike each of the other identified subregions, Plan Melbourne does not identify a future job capacity increase for the Eastern subregion. At the same time, the subregions population is expected to increase 25% to 35% over the life of the plan. There needs to be explicit recognition and commitment to promote employment growth in the Eastern subregion, which contains a highly educated and skilled demographic and is well matched to the needs of the future economy. This will signify that the region is strategically placed to capitalise on increased employment in Melbournes growth industries. Given the existing and significant forecast population of the Eastern subregion, together with its skilled and educated workforce, its national employment clusters and knowledge based industries it plays a major role in delivering jobs and investment. This fact should not be overlooked by Plan Melbourne or any of the policy or infrastructure initiatives that follow from it. Further, as Plan Melbourne suggests that there could be demand for around 11 million square metres of commercial zoned land (office and retail) across Melbourne, identifying a potential job capacity for the Eastern subregion would be a prudent and sensible measure.
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ATTACHMENT 1 Plan Melbourne is very much focussed on employment nodes of national significance, however it should not fail to acknowledge or make provision for existing or emergent employment hubs that serve a significant regional catchment. This is particularly the case given the creation of the subregions, where such hubs play an important economic function. These should be factored into future policy, infrastructure and investment decisions. Plan Melbourne should make specific reference to the role of the LaTrobe Employment Cluster, which plays an increasingly important role in the Region, particularly for the Cities of Banyule and Manningham, and the Shire of Nillumbik. In this context, the significance of the Heidelberg Activity Centre should also be recognised for its potential as an emerging Metropolitan Activity Centre given its ongoing medical and allied industry services which underpin the LaTrobe Employment Cluster. This is an example that highlights that Plan Melbourne needs to recognise the importance of identifying and reinforcing economic linkages at a regional, as well as national level, particularly where there is a connection between employment opportunities and transport solutions. The EMGC supports National Employment Clusters and recognises that there are opportunities available for nearby complementary development. However planning for these areas should ensure that any future development does not compromise the integrity and focus of the employment precincts. The EMGC requests to be specifically consulted on the development of any boundaries around the National Employment Clusters and other urban renewal areas prior to the final release of Plan Melbourne.
Given the significance of the integrated economic triangle, the Plan should include a demand and supply forecast and assessment for industrial land in for each of the subregions. Appropriately, Plan Melbourne makes provision for local government to determine the unique role each activity centre plays. This will allow each Council to establish a hierarchy that is consistent with their strategic planning framework and which recognises the unique opportunities of each activity centre. This would allow a more sophisticated planning approach that considers a wider range of characteristics specific to each centres context, both local and regional. Such an approach would allow local government to more specifically define their centres e.g. Emerging Activity Centres, Restricted Neighbourhood Centres and Local Convenience Centres. Doing this will help clarify current strategic planning activities, allow for the changing and growing role of Activity Centres, and inform future policy and funding decisions.
In relation to Initiative 1.5.4 Accelerate investment in Melbournes Growth Areas to increase local access to employment, the terms Growth Areas and the broader Outer Suburbs are interchanged. To better reflect the intentions
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ATTACHMENT 1 of this Initiative it is suggested that the words Growth Areas be substituted with Outer Suburbs. This would ensure the stated Actions are clearer in intention. It will also make clear the intention of the Strategy to support appropriate investment in outer suburbs where access to jobs is generally poor. The role of digital technology needs to be identified as an important opportunity that will shape Melbournes capacity and liveability and influence the way the City functions.
3.2 HOUSING CHOICE & AFFORDABILITY
3.2.1 Discussion Providing a diversity of housing in defined locations to cater for different households which are close to jobs and services, is central to successfully planning for Melbournes future. Providing choice in housing is an important initiative that responds not only to the increasing population, but also continuing change in household size, driven by the ageing population and a desire to downsize and age in place. Directions outlined to provide greater housing choice and affordability, including reducing the cost of living by increasing housing supply near services and public transport; facilitating the supply of more social housing; and facilitating the supply of more affordable housing, are considered necessary and important. It is noted that Plan Melbourne will determine a process to facilitate the development of targeted urban renewal sites and precincts, including assisting local government in identifying areas suitable for more residential growth. Supported by the EMGC, the means by which this is ultimately proposed will have a significant bearing on the ability to deliver the intended residential development outcomes. The principle of urban renewal precincts as locations for accommodating new housing is recognised as an important concept that once delivered, offers significant benefits for residents and in accommodating growth. A plan that promotes such an outcome is supported. The identified urban renewal opportunities for the Eastern subregion in Plan Melbourne - Ringwood Station, Nunawading Station and Glen Waverley Station - are appropriate. As outlined in Plan Melbourne, at least one million additional new dwellings are required by 2050. Of this, 600,000 (60%) are forecast to occur within established areas including the central city and surrounds. Of this, 297,000 are planned to occur in the Central City and surrounds, while 393,000 are planned to occur in established Melbourne suburbs. While this aim is supported, introducing measures to deliver a sufficient quantity and type of
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ATTACHMENT 1 new housing and which is affordable, presents numerous challenges. Delivering on this objective is essential to achieving numerous other objectives of Plan Melbourne, as well as ensuring the social and economic well-being of the City and its residents. In the identified Eastern subregion, approximately 115,000 new dwellings or an additional 23%, will be required (this figure is derived using the median forecast
population increase for the subregion of 300,000, at an average hhold size of 2.6 persons per dw)
Considering this, together with the impending application of the new residential zones this raises the following key questions: 1) How will the strategic planning framework support the extent of residential development required? 2) How will this affordability and choice objectives be achieved if is no strategy to increase supply? 3) Are there targets that each Council will be expected to meet and is there a distribution strategy? Given the likelihood that the areas available for medium density development are to be reduced as a result of the application of the Neighbourhood Residential Zone, the ability to supply new housing, and therefore accommodate the needs of the growing population, may be limited. It is recommended that this issue is considered when applying the new residential zones and that supply, in terms of type, location and price, is monitored closely once implemented. There is little explanation in Plan Melbourne about the number of new dwellings to be provided and where these will occur. Encouraging new housing in targeted urban renewal areas and activity centres is supported by the EMGC however there is little understanding about the capacity of these with regard to the forecast supply required. In applying the suite of new planning controls available e.g. residential zones, mandatory height controls, etc., regard should be had for the need to accommodate significant residential growth in the Region. .
3.2.2 Suggestions
To ensure that housing choice and affordability objectives are achieved, it is recommended that the MPA work with the subregion councils to assist in planning and delivering the necessary supply. Subregional housing strategies, with targets to be achieved, would provide an important starting point. Such strategies would also assist in informing the monitoring and review process.
Given the purpose of the Residential Growth Zone, it will become an important mechanism in delivering housing choice and affordability. It should be recognised as such and considered in a sub-regional context process when applying the new residential zones. The option to default all residential
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ATTACHMENT 1 land to the Neighbourhood Residential Zone in mid 2014 needs to be considered in the broader context of housing supply and affordability.
Initiatives and actions identified to help achieve housing choice and affordability within Plan Melbourne are largely limited to changing the policy framework, guideline preparation, applying the new residential zones, and the possible streamlining of the approval process. While these represent an important suite of initiatives, they are generally regulatory changes only. A more proactive set of measures that triggers an increase in the overall supply of housing are required.
An assessment of genuine urban renewal examples, particularly those with a focus on delivering new housing, highlights that significant opportunity exists to introduce a variety of mechanisms and initiatives that will assist in stimulating the residential development market and bring forward residential development. As an example, such initiatives include selected changes to stamp duty, a variety of fiscal measures to be introduced by government, joint venture arrangements, equity sharing and housing gap funding. The investigation and introduction of such initiatives should be a key responsibility of the MPA given its role is to drive and facilitate the outcomes expressed in Plan Melbourne. As an example of the initiatives that could be applied, the housing gap funding model is a tool that has been applied in regeneration initiatives in the United Kingdom and has been used to assist in the delivery of housing supply. It is simply a financial grant for housing projects that would otherwise not be commercially viable. Typically, the necessary (minimum) grant is provided to meet the difference between the costs and value of an eligible project. In assessing the eligibility of a project for gap funding, a number of criteria are applied. These include: - the projects strategic fit and market assessment; - the grant requirement based on a suitable financial model; - the quality of the scheme; - risk and sensitivity analysis; and - value for money.
At present, 72% of all dwellings within the Eastern Region are separate, detached houses. In accordance with changing households needs the ageing population and affordability, demand for medium density development continues, and makes up a significant portion of all new housing stock. The ability to continue to deliver this form of housing in appropriate locations defined by Councils housing strategies is vital to housing the existing and future population of the Region. In relation to the proposal to make the Minister for Planning the Responsible Authority for selected social housing planning permit applications (as recommended by the Director of Housing), the EMGC request that the
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ATTACHMENT 1 opportunity to be consulted on individual proposals is provided prior to applications being determined. The Cave Hill Quarry redevelopment in Lilydale should be shown as an urban renewal area which will be linked to a new station along the existing Lilydale rail line.
3.3 A MORE CONNECTED MELBOURNE
3.3.1 Discussion Plan Melbourne correctly acknowledges that transport underpins the livability, economic prosperity, efficiency and success of cities. It identifies that large cities with compact and efficient transport infrastructure are efficient urban settlements. The EMGC concurs with the aim to consolidate future growth in targeted areas including the Monash Employment Cluster, Box Hill and Ringwood) and the opportunities for transport upgrades, including potential road and rail links. The transport focus is heavily weighted to roads, with major road projects the largest and first priorities. At the same time, bus projects, particularly for existing suburbs with poor public transport, are limited. Moving towards a metro-style rail system, including the Melbourne Metro is a fundamental transformation required to accommodate a growing population and achieve a more efficient movement pattern across Melbourne. Appropriately, Plan Melbourne recognises that transport presents an important challenge for National Employment Clusters where rail level crossings and congested arterial roads inhibit bus and car access. Plans to harmonise public transport services across trains, trams and buses to provide better connectivity, removing level crossings and improving suburban rail and bus networks in growth areas and outer suburbs, are all supported and considered priority actions by the EMGC. The EMGC supports initiatives which will improve the efficiency of freight movements into and out of the region. There is direct support for the future Doncaster and Rowville Rail Link.
3.3.2 Suggestions
It is important that The Plan focuses on public transport accessibility to the employment nodes especially the employment clusters and north-south connections between key nodes. For example, connectivity to and from the Monash National Employment Cluster (NEC) and Deakin University should be supported by improved and extended public transport throughout. Similarly, improved public transport access
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to the Dandenong South industrial area (National Employment Cluster) is required vital to unlocking the full potential for employment in the Region.
The removal of the Clayton Crossing should be identified as a short term initiative as the functioning and accessibility of the regionally significant Monash NEC, would be compromised without commitment to at least this outcome in the short term. While the Strategy recognises Rowville Rail as one of the few long term actions, it should address the tram extension along Route 75 to Upper Ferntree Gully railway station and the need to start planning for this in the short term. The tram extension would provide much needed public transport access to and within the outer East, including the largest Activity Centre in Knox, which has significant capacity for increased employment and housing opportunities. It would also provide a connection to the Deakin University, Burwood to the west, and give another transport option to Swinburne University, Wantirna, and Angliss Hospital, Upper Ferntree Gully. It would also provide a connection to the train service at Upper Ferntree Gully.
The Plan should look for opportunities to improve overall service provision such as a new train station at the Lilydale Quarry and duplication of the Lilydale rail line.
The introduction of the orbital SmartBus routes throughout the Region has been positive. Additions to service frequency, particularly on weekends are important and the need to implement reviews of bus services and their connections are required as a short term priority. In line with Initiative 3.3.2 Improve outer-suburban rail and bus networks there should be a specific action about planning for expanded bus services in the outer suburbs, not just growth areas.
Commencing the reservation of land for future rail extensions and stations in the urban growth areas and outer suburbs, including the Rowville and Doncaster rail, should be a short term rather than a medium term action. The EMGC advocates for the reserving of land for all future rail and tram extensions (i.e. Rowville Rail, Doncaster Rail and Route 75 tram) as a short term action.
Regional Development Australia (Melbourne East) and the Eastern Transport Coalition have undertaken extensive and excellent work in relation to transport provision, including identifying priority projects in the eastern region. It is suggested that this work is included within Plan Melbourne, including the proposed reforms to bus services.
A more connected Melbourne requires genuine integration with the creation or improvement between different transport modes. Plan Melbourne distinguishes transport modes and as such does not appear to integrate different modes as well as it could.
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One of the actions under Initiative 3.2.2 Harmonise public transport services across trains, trams and buses to provide access to job-rich areas in the suburbs, is to simplify and harmonise frequency to improve connections across public transport services. This is supported but should also include identifying and providing the gaps in connections between public transport and other transport systems to support a fully integrated transport system. Regional transport plans should also interface with each other. Direction 3.3 Improve transport infrastructure and services in Melbournes newer suburbs should be amended to relate to all outer suburbs not just the newer suburbs.
3.4 LIVEABLE COMMUNITIES & NEIGHBOURHOODS
3.4.1 Discussion The intention to create a network of vibrant Neighbourhood Centres that enables people to access a range of local services within 20 minutes of home is a worthy objective and is an ideal worth aspiring to. Activity Centres will continue to be important in helping achieve the 20 minute city concept and their expanding role in providing diverse uses, including higher density residential development Emphasis on liveability through increased walkability, better public spaces, open space improvements, planning for social infrastructure is supported. The proposed 20 Minute Neighbourhood fund will assist in achieving this.
3.4.2 Suggestions Many of the initiatives proposed relate to policy, zoning controls and providing guidance, including protection from inappropriate development, e.g. introducing mandatory height controls, introducing the Neighbourhood Residential Zone across at least 50% of Melbourne and introducing neighbourhood character controls in Neighbourhood Centres. While development control is important, the development of vibrant Activity Centres as envisaged by Plan Melbourne also requires proactive measures, which may include financial and economic incentives, investment prioritisation and public-private partnership initiatives. The introduction of increased regulation may well limit the ability for them to develop. These issues should be understood before more stringent development control is applied. While it is the role of local government to work with their communities to ensure vibrant neighbourhood centres, more can be done through the planning system to encourage local government and their communities to develop these centres. This should include providing funding support to local government for place management of neighbourhood centres and ensuring that sufficient funding is made to the 20-minute Neighbourhood Fund over the life of the Strategy.
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Plan Melbourne recognises the need to provide social infrastructure and outlines a plan for health, education, recreation, cultural, not-for-profit organisations and cemeteries. It should also give direction for aged-care facilities. The Direction to make Melbourne greener by extending the landscape and vegetation cover is supported. Additional planting assists in improving liveability in a variety of ways including the increased greening of Melbourne, the reduction in heat island effect, an enhancement in biodiversity values and natural resource management. Where relevant, bushfire management needs to be considered in this approach.
3.5 ENVIRONMENT & WATER
3.5.1 Discussion Plan Melbourne states that it will protect our natural assets and better plan our water, energy and waste management systems to create a sustainable city. This is consistent with the view of the EMGC and is an important platform from which to plan Melbourne over the next 40 years. The proposed directions to achieve a sustainable city recognise the variety of environmental issues that need to be addressed. The various initiatives identified recognise the importance of managing urban growth, protecting and restoring natural habitat, enhancing food production capability, improving noise and air quality, reducing energy consumption and transitioning to clean energy, and planning for better waste management and resource recovery.
3.5.2 Suggestions The SPPF needs to explicitly address the need to achieve sustainable development outcomes. Together with Plan Melbourne, it needs to emphasise the concept and importance of environmentally sustainable design. The Biodiversity Conservation Strategy should be implemented in established areas. It is suggested that an additional action is included under Initiative 5.2.1 to give support to local governments to protect and restore biodiversity in their local areas. Natural hazards are not restricted to growth areas and peri-urban areas. Initiative 5.1.2 should therefore be amended to ensure it also applies throughout metropolitan Melbourne. Initiative 5.2.2 (Protect the values of our waterways) is supported, however the medium term timeframe for the development of new stormwater
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ATTACHMENT 1 requirements to ensure that stormwater in new developments is managed in a cost-effective manner that protects the health and amenity of downstream waterways and bays does not address the current urgency to address this matter. There is a need for a short term timeframe; and for the action to: be reflected in the VPPs to ensure a consistent, state-wide approach across all development. Initiative 5.5.1 Prepare and implement whole of water cycle management plans in Melbournes subregions, outlines the need for whole of water cycle management at the three levels of metropolitan, regional and local, with the 10-year regional plans being based on catchments and groupings of local government. However, it refers to these plans as per the subregions, which do not necessarily correlate with the catchments. There is a need to make it clear that regional water cycle management plans are based on catchments. The final Strategy should promote far greater integration of Stormwater Quality for waterway health with Stormwater Quantity for waterway and community health through flood protection this is a key focus of most Councils across Melbourne. Living Melbourne, Living Victoria Consultation Draft (2013) which is the State Governments draft water system strategy has as its vision that Melbournes water system be smart and resilient for a liveable, productive, sustainable city. Many key aspects of the draft Living Melbourne, Living Victoria relate to Plan Melbourne, such as. to create a city that: Supports liveable and sustainable communities Protects the environmental health of urban waterways and bays Provide secure water supplies efficiently Protect public health Manage flood risk
The final Strategy and the key principles of the Living Melbourne, Living Victoria Consultation Draft (2013) should be integrated into the final strategy; as both of these State Government documents will have a significant impact on Councils day to day function, investment, direction and priority decision making. The timeframe of the Metropolitan Waste & Resource Recovery Strategic Plan (25 years) should be the same as Plan Melbourne (40 years). Further, there are a number of assumptions within the Metropolitan Waste & Resource Recovery Strategic Plan that need to be revisited in light of Plan Melbourne.
3.6 A STATE OF CITIES
3.6.1 Discussion It is agreed that there will be sufficient benefits to Melbourne and Victoria generally if regional cities take a greater share of Victorias population growth over the coming years. Directions to achieve this outcome including,
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ATTACHMENT 1 delivering a permanent boundary around Melbourne, integrating metropolitan, peri-urban and regional planning implementation, and improving connections between cities are supported and endorsed by the EMGC. Establishing a permanent boundary around Melbourne to provide long term planning certainty and to protect the non-urban values of the land surrounding Melbourne is a positive initiative and the decision to do this with input from local government is supported. In introducing a permanent boundary, there is a need to specifically recognise Green Wedges. Currently recognised in State Planning Policy, they are important for their contribution to food production, natural resources (e.g. water supply, recreation and tourism) and biodiversity. They have economic, social and environmental importance for the whole of Melbourne, not just for the communities that inhabit them. This is reflected in Green Wedge Management Plans which represent years of significant and important strategic planning work. As there is very limited reference to Green Wedges in Plan Melbourne, clarification of their future is sought. If it is the Governments intent that they be understood in terms of Green Wedge Zones only, then the legislative weight that has previously protected them will be eroded. For example, the relaxation of planning controls in the Rural Conservation Zones will have a significant impact on Nillumbiks Green Wedge. The vast majority of Nillumbiks Green Wedge areas are within the Rural Conservation Zon e, not the Green Wedge Zone. Therefore, there is great potential for change within Nillumbik because of the: Removal of the in-conjunction with test A substantial increase in the number of permissible commercial activities, many of which were formally prohibited Removal of any link between the size of a property and the intensity of commercial development Removal of a maximum limit on the number patrons or dwellings associated with commercial activities.
Strengthening the economic, social and amenity roles of regional city CBDs by encouraging increased business and residential densities is important to making regional cities more attractive and is an important action in relieving population pressure on Melbourne. Identifying a pipeline of developments to attract growth out of Melbourne and into the peri-urban area and regional Victoria will assist in the creation of a State of Cities.
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3.6.2 Suggestions Beyond identifying a pipeline of developments in areas outside of Melbourne it will be important to assist the viability of such projects through various facilitation mechanisms that will help stimulate private sector interest and address market failure where necessary. Tailored responses, beyond changes to the planning framework, and which include direct investment and financial incentives, should be employed to help grow Victorias regions.
Through the MPA, project pipeline for the subregions should also be prepared.
Investment strategies and infrastructure plans developed as part of regional plans should include timeframes for delivery of key projects. Such initiatives will be integral to building confidence in the regions and attracting population, particularly those contemplating relocating from metropolitan Melbourne. The concept of Green Wedges as economically, socially and environmentally important rural landscapes and natural assets separating corridors of urban development is a longstanding metropolitan planning commitment. Green Wedges, associated Management Plans and the legislative protection they currently enjoy, should be clearly recognised and supported in Plan Melbourne.
3.7 IMPLEMENTATION: DELIVERING BETTER GOVERNANCE
3.7.1 Discussion Plan Melbourne recognises that successful implementation will require a sustained effort by all levels of government and the private sector. This is an important acknowledgement of the challenges and complexities confronting Melbourne over the next 40 years and is one with which the EMGC concurs. The Metropolitan Planning Authoritys (MPA) respon sibility for implementation is clearly an important role and is central to Plan Melbournes success. Intended to adopt a collaborative approach, including with the private sector, the traditional centralised planning function of the State must evolve and adopt a more sophisticated approach to delivering the type of outcomes envisaged by Plan Melbourne. Directions to drive delivery and facilitate action, open up new funding sources and better align infrastructure delivery and growth are supported. The establishment of five metropolitan subregions to work collaboratively with the State Government is positive and provides the opportunity to plan in response to the specific challenges, opportunities, strengths and weaknesses that exist within each. The partnership approach can add significant value, as
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ATTACHMENT 1 a well supported plan will allow for a better response and enable strategic planning to be undertaken at a regional level and provide opportunities for coordinated regional infrastructure and service delivery.
Urban renewal can have many positive effects and the concept of extending renewal initiatives into the suburbs is supported. Facilitating growth in major urban renewal precincts is an important initiative outlined in Plan Melbourne. To achieve this, a variety of actions that are beyond modifying the regulatory framework are required. Successful urban renewal is dependent on a tailored response involving both the public and private sectors.
Plans to develop a framework to identify under-utilised government land, including a system to manage, value-capture and dispose of it, will be pivotal to achieving successful development outcomes and meeting various objectives of Plan Melbourne. The State Government through the MPA should provide leadership through example. One opportunity or potential initiative that could support many outcomes and objectives of Plan Melbourne is the investigation of VicTrack land for housing in mixed used development.
Monitoring and reporting on the progress of Plan Melbournes initiatives across the five subregions is essential and will provide an understanding of the success of the various initiatives. Publishing indicators is an important initiative by which to achieve transparency, and ultimately accountability in performance. A more strategic approach to funding of infrastructure is welcomed including recognition that funding is not just about the big ticket items but is also about unlocking the capacity of existing infrastructure.
3.7.2 Suggestions Traditionally, the key role of public bodies involved in urban renewal is in the creation of a policy and investment environment that is conducive to the private sector. Added value can be obtained by cross-sector co-operation which creates the opportunity to bring forward redevelopment initiatives and the sharing of risk. International examples highlight that urban renewal agencies should be built on formal partnerships that operate at arms length from political authorities, which enables them to fully engage the private sector. The development and application of a range of tools and policy initiatives to achieve renewal are many and could include site assembly, land rehabilitation, establishment of regeneration zones, infrastructure facilitation, commercial venture partnerships, etc. It is important that the MPA investigates options beyond the regulatory and traditional policy framework as a means to achieve its urban renewal objectives.
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ATTACHMENT 1 It is important that the role of the MPA, including its planned short term projects and stakeholder engagement program, is clarified and announced early. Given its strategic focus, its role will have a critical impact on Council planning, decision making and resourcing. Early collaboration will be important, particularly as those programs and initiatives identified to be undertaken by local government are not addressed. The success of the Plan is dependent on this crucial governance structure element. To fulfil its intended role the MPA needs to be sufficiently well resourced. It will also need the ability and backing to coordinate the various state government bodies to ensure that infrastructure is rolled out in line with population growth and/or need. The MPAs relationship with local government will be fundamentally important to the success of Plan Melbourne. Though planning remains the primary responsibility of local government, the MPA needs to have authority in its regional planning capacity to coordinate key stakeholders and allocate resources and funding to projects of regional significance. Clarification of the role of the Department of Transport, Planning & Local Infrastructure also needs to be provided. There needs to be confirmation that there will not be a duplication of effort on behalf of Councils or potential conflicts with the MPA. Clarification on how cross regional issues, as well as those at the boundaries between subregions should be dealt with, needs to be addressed. Extensive work has been completed for the Eastern Region through bodies such as the Eastern Transport Coalition and Regional Development Australia (Melbourne East). This includes the following projects: - Melbourne East Regional Plan Making A Great Region Even Better (2012) - Creating employment within the region (2012) - Supporting the tertiary education sector in the Melbourne East Region (2012) - Creating innovation & knowledge based business employment in Melbourne's East (2012) - Audit & Market Assessment of Cultural Facilities in the Melbourne East region (2012) - Melbourne East RDA submission responding to the federal Major Cities Unit 'Our Cities' Discussion Paper (2012). Given the extensive work undertaken and the relevance of this to Plan Melbourne, it is expected that these projects, should in the very least be used to inform the subregional planning process to be undertaken by the MPA.
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ATTACHMENT 1 Plan Melbourne should recognise the need to address existing infrastructure gaps in established Activity Centres where a significant portion of new housing and other forms of development are planned. The renewal of existing infrastructure is as important as new infrastructure in meeting the Plans objectives. Increasing densities in established areas can deliver major infrastructure cost savings, however in many instances there is a lack of information about existing infrastructure capacities to enable immediate identification of areas where infrastructure is underutilised, or where it may require upgrading to accommodate an increase in dwellings. This information needs to be obtained prior to preparing land use plans. The capacity of existing infrastructure such as roads, sewers and drainage should be identified and taken into consideration as part of the new Strategy. Plan Melbourne needs to also direct effort to these areas and an audit of infrastructure capacity needs to be undertaken.
Infrastructure capacity should underpin locations identified for increased housing or commercial intensity particularly in established areas to avoid costly retrofitting and determine where infrastructure improvements should occur. An infrastructure plan should be developed as part of the Strategy that will identify where/what improvements are required in established areas to sustain greater levels of development. An infrastructure management plan would also provide clear direction for the preferred location of future housing and key community services. The long term sustainability of commuting greater distances to work and other services should be factored into identifying areas for more intense housing and creating employment hubs across Melbourne.
The Eastern Region is already dealing with an infrastructure shortfall having experienced considerable growth in recent years without the requisite infrastructure being supplied. An audit of infrastructure capacity needs to be undertaken and Plan Melbourne needs to direct its focus effort towards delivering services to the areas most in need.
At the local government level, a review of the Local Government Act may be needed to determine if it is unnecessarily restricting local government investment in appropriate development projects. This could be coupled with best practice examples of alternative funding models to assist future investment and funding decisions. Consideration of legislative changes to enable other forms of financial and fiscal initiatives such as those available to regeneration and development initiatives internationally (e.g. municipal bonds/ govt debentures etc) should be undertaken.
To deliver the outcomes sought by Plan Melbourne, local government could be provided with greater powers in the amendment process in specific instances, e.g. where substantive consultation has resolved issues.
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The proposed monitoring framework will include an annual statement of progress in implementing the Strategys initiatives. This is supported, however it is unclear whether there will be an ongoing requirement for initiatives and actions to be regularly updated, with new actions added progressively over the years as existing actions are completed. It appears that many actions included within Plan Melbourne are existing projects already underway. Continually updating actions will better support longevity of the plan, and ensure the document is a live and current Strategy. It is important that the roll out of the standardised DCPs is now finalised and understood as an important contributor and tool in the financial sustainability of infrastructure delivery. The use of value capture mechanisms, is strongly supported. Benefits must also accrue to local government, especially where it has a direct investment/ interest in a particular project.
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4.0 CONCLUSION
Plan Melbourne provides a comprehensive plan to address the issues and challenges facing Melbourne over the next 40 years. Its aim to integrate long-term land-use, infrastructure and transport planning to meet the needs of the future and to provide certainty for residents and business provides an important starting point for a metropolitan strategy.
The Eastern Region is experiencing an infrastructure shortfall having due to significant growth in recent years. Plan Melbourne must be an infrastructure led strategy that adequately and efficiently addresses the significant growth pressures anticipated to occur in Melbourne over the next 40 years. The success of Plan Melbourne ultimately lies in its ability to be implemented. In partnership with local government, the implementation of Plan Melbourne in a timely manner with sufficient resources for delivery is supported by the EMGC.
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AGENDA ITEM NO. 7.4 CORPORATE SUPPORT

No. of Pages - 1
7.4
2012/13 Annual Report from Chair, Yarra Ranges Audit and Risk Management Committee 1. Audit and Risk Management Committee 2012/13 Chair Report to Council Acting Director Corporate Services
ATTACHMENTS
RESPONSIBLE OFFICER
SUMMARY Section 139 of the Local Government Act 1989 requires that Council establishes an audit committee as an advisory committee to Council. The terms of reference of the committee are outlined in the Yarra Ranges Council Audit and Risk Management Committee Charter, which are approved by Council, and published on Councils website. The Charter requires that the Chairperson of the committee reports annually to Council on the following matters: A summary of the work of the committee performed to fully discharge its responsibilities during the preceding year; A summary of the Councils progress in addressing the findings and recommendations made in internal, external and Parliamentary Committee reports; An overall assessment of the Councils risk, control and compliance framework, including details of any significant emerging risks or legislative changes impacting Council; and Details of meetings, including the number of meetings held during the relevant period, and the number of meetings each member attended.
The attached report has been prepared by the committees current Chair, Mr Simon Crone. Mr Crone is unfortunately unable to attend the Council meeting due to illness. Audit and Risk Committee Member Ms Theresa Glab has kindly agreed to make a brief presentation on the report, and to respond to any questions that Council may have.
DECLARATION OF CONFLICT OF INTEREST Nil.
RECOMMENDATION That Council notes the 2012/13 Yarra Ranges Audit and Risk Management Committee Annual Report.
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ATTACHMENT 1
Yarra Ranges Council

Audit and Risk Management Committee 2013 Annual Report to Council
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1. Introduction Section 139 of the Local Government Act 1989 requires that Council establishes an audit committee as an advisory committee to Council. The terms of reference of the committee are outlined in the Yarra Ranges Council Audit and Risk Management Committee Charter, most recently approved by Council on 24 May 2011, and published on Councils website. The Committee conducted an annual review of the Charter in May and September 2013. Minor adjustments were made to align the Charter with the Committees activities. The Charter requires that the Chairperson of the committee reports annually to Council on the following matters: A summary of the work of the committee performed to fully discharge its responsibilities during the preceding year; A summary of the Councils progress in addressing the findings and recommendations made in internal, external and Parliamentary Committee reports; An overall assessment of the Councils risk, control and compliance framework, including details of any significant emerging risks or legislative changes impacting Council; and Details of meetings, including the number of meetings held during the relevant period, and the number of meetings each member attended.
This report satisfies that requirement by providing an outline of the Committees activities and highlights across the 12 month period to 30 September 2013. 2. Objective of the Committee The objective of the Committee is to provide independent assurance and assistance to the Council (and management) on the Councils risk, control and compliance framework, and its external accountability responsibilities as defined in Local Government Act of 1989 and the various requirements of the Victorian State Auditors- Generals OfficeDepartment.. 3. Committee Membership The constitution requires that the Committee has a maximum of five members, including both Councillor (minimum of one1 and maximum of two2) and external independent representatives (minimum of two2 and maximum of three3), with a majority of independent members. In line with this, membership of the committee across the 12 months to 30 September 2013 has been as follows: Chair and Independent Members Mr Simon Crone Ms Theresa Glab Mr David Osborne Councillor Members Cr Graham Warren 6 December 2011 to 27 October 2012 Chair from 1 October 2012 to 30 September 2013 Member from 1 October 2012 to 30 September 2013 Member from 1 October 2012 to 30 September 2013
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Cr Jeanette McRae Cr Jim Child Cr Andy Witlox 4. Meeting Attendance
6 December 2011 to 27 October 2012 28 October 2012 30 September 2013 28 October 2012 30 September 2013
The committee has met five times in the 12 month period, with attendance as follows. A quorum was achieved for every meeting. Member 19 Nov 2012 Simon Crone Theresa Glab David Osborne Cr Jim Child Cr Andy Witlox 25 Feb 2013 27 May 2013 apology 26 Aug 2013 23 Sep 2013
5. Annual Highlights Key highlights for the Committee across the last 12 months have been: Annual Committee KPIs reviewed and updated. Committee reviewed managements self assessment and gap analysis of VAGO Local Government performance reports tabled to Parliament including: o Personal Expense Reimbursements o Freedom of Information o Results of the 2011-12 Audits o Rating Strategies Reviewed the initial Legislation and Compliance checklist report Conducted the Annual review of the Audit and Risk Management Committee Charter. Reviewed and supported the 2013 Financial Statements and accompanying notes, Standard Statements and Performance Statement, with an un-qualified audit statement from the Victorian Auditor General; Reviewed seven 7 internal audits by Councils contract auditors, Crowe Horwath including: o Records Management o Road Management Plan o Local Law Enforcement o Building Statutory Compliance o Food Act Compliance o Follow Up Review of Internal Audit Actions
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o Councillor expenses Reviewed the scope for Councils Internal Audit services, enhancing the focus on risk, in preparation for Councils tender process in November 2013. Regular review of Councils Risk Register. Reviewed Councils 2013/2014 Insurance Renewal Reviewed Councils non compliances with the Local Government Act Section 186, non-competitive tendering practices
6. Actions arising from audits undertaken Actions identified through the audit process are recorded, tracked and reported using Councils Interplan reporting system. This initiative which has enhanced transparency and accountability. As at the date of the last Audit and Risk Management Committee meeting in September 2013, the audit actions status report showed 192 actions had been completed, 44 were in progress, and 16 were considered overdue. This status is a considerable improvement on the previous 12 months when I reported 50 overdue actions. Of the 16 overdue items, four related to high risk recommendations. A focus for the year ahead will be to continue to ensure that the Councils Management complete overdue actions.
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7. Summary of the work of the committee The committee meets on a quarterly basis to consider those matters within the scope of its terms of reference. The table below provides a schematic of the meeting agendas across the year. Agenda Item 19 Nov 2012 Outstanding issues / Status Reports New internal audit reports Risk Register Audit strategy & annual financial statements Quarterly Review Committee Assessment KPI 25 Feb 2013 27 May 2013 26 Aug 2013 23 Sep 2013
Self
Review of ARMC Charter Update on reports and initiatives from VAGO Local Government Inspectorate Internal Audit services contract Insurable cover and premium renewal Business Continuity Plan Legislative regulatory compliance and
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8. Progress against KPIs In February 2013 the Committee reviewed and revised its annual KPIs which are used to guide its activity across the year. Progress against KPIs is monitored at each meeting of the Audit and Risk Management Committee. The status of delivery against each KPI is outlined below. KPI Financial Report Statement Review and approve external auditor's Audit Plan Comment Delivered (Feb)
Recommendation made to Council for the adoption Delivered (Aug) of the Financial Statements and Performance Statement Internal audit & Annual review of KPI's internal controls Quarterly review of KPIs Quarterly review Internal Audit Reports Risk management Business continuity Compliance Delivered (Feb) Delivered Delivered
Review quarterly updates to the Risk Register (high Delivered & medium risks) Review annual update to Business Continuity Plan Discussed in May, Plan update deferred to Nov Delivered (Sep initial report)
Reporting Meetings Assessment arrangements Assessment arrangements Committee Charter Other responsibilities
Legislative and regulatory compliance check list developed and approved. Review the systems and process used by management to monitor legislative and regulatory compliance. Committees annual presentation made to Council meeting Committee Forward Meeting Plan
Delivered (Oct) Delivered (May)
Committee Self Assessment Survey completed and Delivered (Mar) reviewed Committee performance indicators developed and Delivered (May) monitored Review Charter document Delivered (May)
Relevant performance audits undertaken by VAGO Delivered, 4 reports and Ombudsman reviewed and recommendations reviewed. made for implementation by Council. Review findings of Inspectorate management's action plan. visits and Delivered (November)
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9. Overall assessment of Councils risk, control and compliance framework The Committees overall assessment is that Council is managing its responsibilities with regard to risk, financial control and compliance well. In-camera feedback was received from both external and contract internal auditors at the August and September Audit and Risk Management Committee meetings. The external auditors reported that: the audit went well with management well prepared, supporting papers of a high standard, timelines met and unqualified report from VAGO. Matters to stay focused on are asset accounting issues and prospective changes in performance reporting by Councils. The internal auditors reported; there is a good robust relationship between management and the auditors, the introduction of the KPI's has provided an improved framework for the auditors to work within, auditors have good access to information and strong engagement. There no other major gaps identified with Council following a good risk based program, linked to a risk matrix. It is the independent view of the Committee that the governance culture of the Council is strong and this has supported the development of a robust risk, control and compliance framework which continues to strengthen and adapt to changes in the Council. 10. Chairs closing remarks I want to thank the management team for their support in running the Committee and thank my colleagues, both the independent members and the Councillors, for their contribution to a strong Committee. Simon Crone Chair, Audit and Risk Management Committee
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AGENDA ITEM NO. 7.5
No. of Pages - 3
7.5
Yarra Ranges MEMP 2013 Audit

(Circulated as a separate attachment)
ATTACHMENTS
1. 2. 3.
RESPONSIBLE OFFICER
MEMPC endorsed draft MEMP Part 1: Arrangements MEMPC endorsed draft MEMP Consolidated Contents MEMPC endorsed Policy: Amending the MEMP
Acting Director Corporate Services
SUMMARY Yarra Ranges Municipal Emergency Management Plan (MEMP) was audited by VicSES on 05 September 2013, as outlined in 6.3 of the Emergency Management Manual Victoria (EMMV). The MEMP achieved a best practice result, along with a perfect score when measured against the audit criteria. Victorian MEMPs are required to be audited every three (3) years to ensure they comply with both legislation and the EMMV Guidelines. The Yarra Ranges MEMP has been reviewed and updated to reflect the audit process and criteria, along with changes to the EMMV. Changes were tabled and endorsed by the Municipal Emergency Management Planning Committee (MEMPC) on Wednesday 14 August, reflecting the multi-agency contribution to the MEMP, in preparation for the audit date. This MEMP supersedes the previous MEMP, which was completed and endorsed by the MEMPC, and Yarra Ranges Council in July 2010 achieving Best Practice accreditation. The MEMP has been reviewed annually by the Emergency Management Unit, with updates published on the Emergency Management Portal and tabled at the quarterly MEMPC meetings. The Yarra Ranges MEMP continues to be available through Councils website and at Community Link service centres. The 2013 MEMP has features a number of changes, including a review of the MECC structure, Standard Operating Procedures, Role Statements and the inclusion of new sub-Plans. These changes aim to complement changes that will come from the Emergency Management Reform White Paper, released in December 2012. The MEMP component structure has been revised to assist with navigation around many documents, which will also assist with recording amendments. The MEMP structure is as follows:
Figure 1: Yarra Ranges MEMP Components (Aug 2013)
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DECLARATION OF CONFLICT OF INTEREST Nil
BACKGROUND The MEMP is reviewed annually by the Emergency Management Unit to ensure all content is relevant and up-to-date. These reviews over the past three years have resulted in minor amendments, tabled with the MEMPC on a quarterly basis. In preparation for the implications of the Victorian Emergency Management Reform White Paper, coupled with the outcomes from the Evaluation of the Yarra Ranges Municipal Recovery Action Plan, this process provides an opportunity to enhance the MEMP. Review Process The Yarra Ranges MEMP has been reviewed In line with the MEMPC Endorsed Policy Amending the MEMP which states: The MEMP is reviewed annually with reviews focussing on continuous improvement; changes to previously identified hazards, newly identified hazards, processes, policies, and the accuracy of contact details in the Emergency Management Contact Directory. In addition, relevant components are reviewed after an emergency or as a consequence of significant organisational change or review. Amendments may be made at any time. This Policy replaces the SOP Amending the MEMP and was endorsed by the Yarra Ranges MEMPC on Wednesday 14 August 2013. Amendments to the MEMP The following amendments have been made to the MEMP: Revised MEMP structure The review of existing and addition of new positions in the MECC Structure Chart Revised Role Statements for each Function within the arrangements Standard Operating Procedures for each task required within the arrangements Revised MECC structure dependant upon the scale of an emergency Revised MECC floor plan Revised MECC and ERC activation phases in line with the Fire Danger Indices Updated contact directory management system
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CONSULTATION The MEMP was developed in consultation with representatives of the Yarra Ranges MEMPC, Council staff who hold emergency management responsibilities, and the community. A working group with representation from SES, CFA, DHS, Vic Police and Council have been meeting regularly to support preparation for the MEMP Audit.
POLICY IMPLICATIONS The Final Draft MEMP satisfies the legislative requirements of the Emergency Management Act 1986 and forms an integral part of the Council Plan Objectives, particularly Active and Engaged Communities: A resilient, health, active community that is safe and has opportunity and access to quality services. The approach aims to ensure that Yarra Ranges is a safe and accessible place for all members of the community.
RECOMMENDATION That Council: 1. Endorse the updates to the Yarra Ranges Municipal Emergency Management Plan. Acknowledge the success of the 2013 Audit which recognises Yarra Ranges Council as a sector leader and best practice in Emergency Management.
2.
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AGENDA ITEM NO. 7.6
ENVIRONMENT & ENGINEERING

No. of Pages - 5
7.6
Karwarra Garden Proposed Changes to Advisory Committee Terms of Reference and Garden Name 1. Karwarra Garden Reference Group Terms of Reference Director, Environment & Engineering
ATTACHMENTS RESPONSIBLE OFFICER
SUMMARY Karwarra Australian Plant Garden is a two hectare Council property located at the rear of Kalorama Memorial Reserve, Mt Dandenong Tourist Road, Kalorama. The garden opened in 1971 and was managed by the Mount Dandenong Horticultural Society until Council took over management in 1989. An Advisory Committee was established at this time giving community representatives continuous input into management of the garden to this present day. In 2006 Council initiated, in consultation with key stakeholders, the development of a Master and Management Plan for Karwarra Garden. Council endorsed the Plan and recommendations for increased resources for the garden. Increased Council resources have produced a significant improvement in the gardens, established a small retail plant nursery and funded two full time staff members. With the implementation of the Master and Management Plan the role of the current management structure including the Karwarra Garden Advisory Committee has changed. The attached Terms of Reference document reflects the changes proposed to the Advisory Committee as does the change of name of the group to Karwarra Garden Reference Group. In addition the Mt Dandenong Horticultural Society, through the current Advisory Committee, has suggested a change of name for Karwarra Garden in recognition of its importance in conservation and education. The Committee, including Council staff representatives, propose that the name of the garden be changed to Karwarra Australian Native Botanic Garden.
DECLARATION OF CONFLICT OF INTEREST No conflict of interest.
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BACKGROUND History of management Approximately two thirds of the site is landscaped gardens with the remaining third supporting remnant indigenous bushland. The name `Karwarra' is a derivation of an aboriginal word meaning `a place of wildflowers'. The 2 hectare site on which Karwarra Garden is situated was purchased by the Shire of Lillydale in 1965 after years of lobbying by conservationist, May Moon and the Mount Dandenong Horticultural Society. In 1973, Kath Deery, Rodger Elliot and Kevin Heinze became involved in Karwarra. Members of the Mt. Dandenong Horticultural Society continued to maintain the rapidly maturing garden until the Shire assumed responsibility for the garden in 1989 and employed a full time Gardener/Curator. The Advisory Committee was established in 1989 by the Shire of Lillydale. The structure of the committee was 8 members with voting rights: 5 members nominated by Mt Dandenong Horticultural Society 3 nominees of Council including a Council staff member and 2 other community members 3 Councillors as ex-officio members
The original purpose of the Advisory Committee was to: Decide on future directions and priorities of Karwarra Garden Provide direction to Council staff Make recommendations to Council re: capital works expenditure and major projects
By 2005 the membership included the addition of a Karwarra Garden staff member as an ex-officio member and Councillor representation had been reduced to 1 Councillor still as an ex-officio member. The purpose of the Committee remained the same. In 2006 Council developed a Master and Management Plan for the Garden and the Advisory Committee played a significant role in the development of this Plan. Following endorsement of the Plan, Councils investment in the Garden increased and included funding two full time staff members. Management of the garden has since been well resourced by Yarra Ranges Council staff and consequently the purpose of the Advisory Committee has changed. The Committee now provide community input and advice on the strategic direction and operational management of the Garden but no longer make decisions regarding management or provide strategic direction to Council staff.
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Early in 2013, Council staff renegotiated the Terms of Reference for the Advisory Committee with the current Committee. The current Committee includes Rodger Elliot OA, horticulturalist and co- author of Encyclopaedia of Australian Plants Volume 1 9 and former Board Member of The Royal Botanic Garden Melbourne has had a long association with the garden. Rodger is currently the Chairman of the Karwarra Advisory Committee. Name change for the garden Karwarra plays an important role in the conservation of rare and endangered plant species. Karwarras collection includes more than thirty-four plants considered rare or endangered in Victoria. It contains the Garden Plant Conservation Association of Australia (GPCAA) official collections of Telopea (Waratah) and Boronia. Other significant plant collections include Lasiopetalum, Lomatia and Thomasia. Karwarra is included in Botanic Gardens Conservation International, a worldwide umbrella organisation of botanic gardens and a long term member of the Botanical Gardens of Australia and New Zealand (BGANZ). As with most botanic gardens, seed and plant material is shared with other botanical gardens. Most recently rare plant material was provided to The Royal Botanic Australian Garden at Cranbourne and Melbourne University.
DISCUSSION Revised Terms of Reference The proposed Terms of Reference document has been developed after consultation with current Advisory Committee members, Council representatives and Friends of Karwarra Garden. The Terms of Reference have been revised to provide clarity to the role of the Karwarra Advisory Committee. Revision of the Karwarra Reference Group structure as per the proposed Terms of Reference document will ensure a wider community input into the long term strategies and policies that will guide the ongoing development of Karwarra Garden, buildings and facilities. The main changes proposed are to increase community representation on the Reference Group by one and remove the requirement for a Council representative from the Group. Council staff will attend meetings as ex-officio members.
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The proposed Terms of Reference recognise that with an increase of Council staff to two full-time positions, the Groups purpose has changed. Former responsibilities such as, make submissions and recommendations to Council regarding capital works expenditure and major projects, have been removed. The Group p rovides advice to assist Council staff but decision making responsibilities rest with Council. In light of the changed role of the Advisory Committee and the ex-officio nature of a Councillors membership on the Committee, it is proposed that the name of the group be changed to Reference Group, consistent with Yarra Ranges Council naming of groups to reflect membership and purpose. Name change for the garden The Advisory Committee, including Council staff, propose that the name of the garden be changed to Karwarra Australian Native Botanic Garden. The garden has been effectively functioning as a Botanic Garden for many years and meets national and international criterion for inclusion as a Botanic Garden. This criterion includes managing data on plant collections, monitoring of plants in collections, a reasonable degree of permanence, an underlying scientific basis for the collections and the exchange of seed and plant material with other botanic gardens, arboreta or research institutions. As members of BGANZ and GPCAA, Karwarra has already been accepted and demonstrated that it fits the criterion for inclusion as a Botanic Garden. The inclusion of the term Botanic will increase the gardens status and draw attention to the fact that while the garden is a lovely place to visit, it also has great educational, scientific and conservation value. Visitors to the Dandenongs and Yarra Valley have a plethora of gardens and parks to visit. The inclusion of the term Botanic will emphasise the particular importance of this garden.
FINANCIAL CONSIDERATIONS Costs are associated with changing the name of the Garden. These include signage and reprinting of promotional materials. The entrance to Garden received a major capital upgrade in 2011/12 and it is proposed that the new entrance signage is not changed until it is required. Name changes that could be made immediately are at no cost such as changes on Councils website, reprinting of promotional materials developed in house.
CONSULTATION A meeting was held in early 2013 with representatives from key stakeholder groups to discuss changes and Terms of Reference. This meeting included representatives of the Mount Dandenong Horticultural Society and the Friends of Karwarra Garden.
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At a meeting on November 12, 2013, community representatives agreed with the proposal to change of the name of the group from Karwarra Advisory Committee to Karwarra Reference Group. Councillors who have participated in the Karwarra Advisory Committee have been consulted regarding their preference of role within the group. Invitations to attend meetings will be extended to Councillors from time to time. It was also considered that Karwarra is being very well managed.
PROPOSAL It is proposed that the Karwarra Garden Reference Group Terms of Reference (2013) be accepted. It is proposed that the name of the garden be changed to Karwarra Australian Native Botanic Garden.
RECOMMENDATION That: 1. 2. Council endorse the Karwarra Garden Reference Group Terms of Reference (2013). The garden name be changed to Karwarra Australian Native Botanic Garden.
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AGENDA ITEM NO.7.7
No. of Pages - 3
7.7
Recreation and Open Space Strategy

(Available for viewing at Community Links and on Councils website)
ATTACHMENTS
RESPONSIBLE OFFICER
1. Policy 2. Strategic Framework Director, Environment & Engineering
SUMMARY The Recreation and Open Space Strategy has been developed over the last two (2) years and involved an extensive research and engagement process, both externally as well as across Council departments and with Council. The strategy includes a policy, strategic framework, action sheets for issues, themes and precinct and an implementation plan. The strategy aims to create healthy and active environments for communities and plays a role in recreation service delivery, asset improvement and renewal, advocacy and as a land use planning tool for Yarra Ranges Council. The strategy was released for an eight (8) week formal public exhibition period on 28 August 2013 that concluded on 25 October 2013. Feedback received supported the strategic directions of the Recreation and Open Space Plan. Comments are captured in Appendix 4 of the Strategic Framework document (Attachment 2).
DECLARATION OF CONFLICT OF INTEREST None
BACKGROUND The Recreation and Open Space Strategy is a plan for strategically creating healthy and active environments and communities, maximising the potential of a diverse network of recreation and open spaces to deliver a broad range of benefits. The purpose of the strategy is to: Provide a vision for recreation and open space in Yarra Ranges focused on creating healthy and active environments and communities; Identify issues and provide strategic objectives and directions; Provide an overarching framework to guide Councils decision-making process in providing recreation and open space services and facilities in Yarra Ranges; Consolidate all recreation and open space plans under one umbrella document and prioritise actions contained within these strategies; and
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AGENDA ITEM NO.7.7
Support funding applications to Government and other funding agencies.
The strategy plays a role in recreation service delivery, asset improvement and renewal, advocacy and as a land use planning tool.
DISCUSSION The Recreation and Open Space Strategy has involved community and been reviewed and developed with the Council and received cross Council department engagement and support. The strategy was released for an eight (8) week formal public exhibition period on 28 August 2013 that concluded on 25 October 2013. Feedback received supported the strategic directions of the Recreation and Open Space Plan. Comments are captured in Appendix 4 of the Strategic Framework document (Attachment 2) and include: Develop activity areas for older adults Continue to diversify the play and recreation experiences in parks, playgrounds and sports reserves Provide shade, picnic tables and park furniture at parks Support for trails that connect townships and parks and sports reserves Support circuit trails in parks that promote exercising, walking dogs and children learning to ride
FINANCIAL CONSIDERATIONS The actions of the Recreation and Open Space Strategy will be considered annually in the review of the 10 Year Capital Expenditure Program and recreation operational budget.
CONSULTATION The Recreation and Open Space Strategy has involved an extensive research and engagement process, both externally as well as across Council departments and with Council. A number of communication methods were conducted for the eight (8) week public exhibition period to engage community with the strategy. These included: Public notice on Councils webpage Hard copy available at Community Links Email to recreation and community networks Series of public events
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RECOMMENDATIONS
That: 1. 2.
Council adopt the Recreation and Open Space Strategy. Actions of the Recreation and Open Space Strategy be reviewed annually for consideration of their inclusion in the 10 year Capital Expenditure Program.
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AGENDA ITEM NO.7.8
DIRECTOR SOCIAL & ECONOMIC DEVELOPMENT

No. of Pages - 4
7.8
2014 Grants for Community Recommendations 1. Grants for Community Recommendations Spreadsheet Acting Director Social & Economic Development
ATTACHMENTS RESPONSIBLE OFFICER
SUMMARY Councils Grants for Community Program provides funding for local community groups and taps into the resources and skills in our community to support community outcomes. This report presents the projects which are recommended by the Community Panels for funding in 2014. The grant round for 2014 had the following results: 38 applications assessed in the Community Development program 28 applications assessed in the Festivals & Events program 19 applications assessed in the Arts & Heritage Development program 85 applications assessed across all programs The total funds requested across all grant programs was $611,979 Total funds recommended for Council approval is $255,579 $30,599 was already allocated to the Interim Festivals and Events grants
The grants program is one vehicle for Council to drive outcomes for the strategic objective of an active and engaged community. In this years round Council received many more applications than can be funded. While this is not unusual for grant programs it demonstrates the level of unmet capacity due to finite funds. A list of projects recommended by the Assessment Panels is presented for Council endorsement.
DECLARATION OF CONFLICT OF INTEREST No person involved in the report had a conflict of interest during its preparation. During the panel process, panel members declared a conflict of interest where appropriate. This was done in both the individual assessment phase and during panel assessment meetings. Those with a conflict or a perceived conflict, did not vote or talk to, decisions on thes e applications.
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BACKGROUND A review of Councils grants program was undertaken earlier this year. This review led to the identification of five selection criteria that applied to the three streams of Community Development, Festivals and Events and Arts and Heritage Development. The selection criteria for each program in 2014 were: 1. 2. 3. 4. 5. Project merit; Community involvement; Strategic focus; Organisational capacity; and Budget.
Guidelines were developed, including outcomes sought through the program. The criteria vary across each stream, reflecting for example the differing intent or strategic links in each grant stream. The timing of the grants review led to interim funding for some key, previously funded festivals and events. These are included in the spreadsheet of grants in Attachment 1.
DISCUSSION Grants for Community Program The Grants for Community Program is Councils vehicle for supporting projects that contribute to wellbeing, social connections and cultural development in Yarra Ranges. The Grants for Community Program offers funding to enable groups to: build relationships and foster partnerships including with Council harness community knowledge; identifying and responding to community assets and needs; build community capacity and enable community strengthening; facilitate community involvement and participation; and strengthen health and wellbeing, community engagement, community safety, the arts, culture and heritage, social support and encourage active communities.
Funding for the Grants for Community program is across three grant streams: Arts and Heritage Development Grants: up to $10,000 These grants support professional artists and arts and heritage organisations to produce and present cultural development and heritage projects. Align with strategic goals. Total Pool: $60,000 Community Development Grants: up to $10,000
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These grants support community organisations to undertake positive, community strengthening activities, develop skills and increase participation. Fosters community wellbeing and is aligned with Council strategic goals. Total Pool: $95,000 Festivals and Events: up to $10,000 These grants support a diverse range of events with broad community support that showcase, celebrate a creative local culture, heritage, people and places. Align with strategic goals. Total pool: $130,000 The Grants for Community Program was publicised widely through all local papers, Shirewide, banners, email networks and distribution of information at community meetings, Council and community facilities. Four information sessions provided groups and individuals with information about the grant application process and the program criteria. Community groups were encouraged to discuss their application with an appropriate staff member to ensure a sound understanding of the selection criteria. Council officers also ran a Grant Writing Workshop for community groups. Over 100 people attended the information sessions and grant application workshop. Feedback from community indicated that this provided valuable support.
ASSESSMENT Grants for Community applications were assessed by separate panels for the three streams of funding. Panels comprised three community members and two Council officers. Councillor feedback and specialist officer feedback was fed into the panel deliberations. This year there was significantly more demand than the funding available. This made for a competitive round. The panel members all commented on the rigour and thoroughness of the assessment process while noting the challenges of having finite resources and the need to fund as many good applications as possible.
FINANCIAL CONSIDERATIONS The 2014 Grants for Community Program had a budget of $285,000 across three streams. This is determined through the annual budget process. Multiple projects are recommended to receive partial funding in the 2014 round. Panels determined these projects could be carried out with the reduced amount taking account of project proposal and given the overall funding constraints.
PROPOSAL Following the panel assessments and recommendations, Council is requested to consider the attached list of proposed grants and endorse them for funding in the 2014 Grants for Community Program.
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AGENDA ITEM NO.7.8
RECOMMENDATION
That Council endorse the following amounts to be paid across three grant streams: Community Development $ 94,979 Arts & Heritage Development $ 59,600 Festivals & Events $101,000
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ATTACHMENT 1
2014 COMMUNITY DEVELOPMENT

Project Title Redwood Cooking Group Volunteer Kinship Carers Support Group We are all different, how great is that? WHYLD minimarkets Belgrave Farmer's Market Bridge of Peace Sisterhood Project of Women's Federation for World Peace (WFWP), Victoria 'Crunch and Munch a Healthy Lunch' - Healthy Lunch Boxes Project Rocky Road Choir Promoting Early Literacy The SPANeast Chatterbox Remember The Time.... Intergenerational Stories of Yarra Glen Step Up 2 LIFE Martial Arts Therapy (MAT) SPANeast Community Connections Strategy Wesburn Family Garden and Red Tent Koffee Kids Community Outlook - broadcasting local community stories and information Friday Night Youth Explosion What's to eat Australia Wild Project A healthy harvest at Sarah Court Preschool Connecting Community Conference Monbulk Art class and art show Making A Difference Organisation Name Redwood Community Centre Anchor Incorporated Melba Support Services Inc WHYLD (Woori Yallock, Hoddles Creek, Yellingbo, Launching Place, Don Valley) Belgrave Farmers Market steering committee WFWP, Victoria Yarra Valley Community Health Eastern Access Community Health Yarra Valley Community Health SPANeast - Suicide Prevention Awareness Network (Melbourne's East) Yarra Glen Primary School Discovery Community Care Eastern Health SPANeast - Suicide Prevention Awareness Network (for Melbourne's East) UYCEP trading as Yarra Valley ECOSS Healesville Living and Learning Centre Inc. 3MDR Mountain District Radio 97.1fm Heartland Baptist Church Koha Community Cafe Inc Sherbrooke Art Society Inc Sarah Court Preschool Interchange Outer East Monbulk Care Network Golden Memories Karaoke Inc Recommended for funding $ 2,850 $ 1,500 $ 5,000 $ 8,000 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 4,000 1,000 6,000 8,000 4,500 976 2,800 7,800 4,000 3,053 4,000 4,000 3,000 5,500 5,000 4,000 3,000 3,000 3,000 1,000 94,979
2014 ARTS AND HERITAGE DEVELOPMENT

Project Title tbC coLAB 2014 Digitisation and Display of Football Club Photographs and Trophies Musical Theatre With Attitude The Great Steps of Warburton Wild Light Lantern Parade- Yarra Ranges to BIrrarung Marr Stories Behind the Tombstone Lost Traditions Scriptwriting Competition 2014 A Living and Learning Community Mural Ruccis Circus Festival Organisation Name tiffaney bishop COLLECTIVE (tbC) Yarra Glen Football Netball Club Dandenong Ranges Music Council Inc Upper Yarra Combine Artisans Inc Warburton Enviornment Inc Lilydale and District Historical Society Inc Friends of Gulf Station Exit Theatre Inc Healesville Living and Learning Centre Ruccis Circus Recommended for funding $ 10,000 $ 5,000 $ $ $ $ $ $ $ $ $ 7,000 10,000 5,000 2,500 5,000 5,000 5,100 5,000 59,600
TOTAL FOR RECOMMENDED
2014 FESTIVALS AND EVENTS

Project Title Celebrating IDPwD Coranderrk 2014 Festival Warburton Film Festival 2014 Celebrate Mooroolbark 2014 Upwey Community Billy Cart Races Healesville Music Festival End of the Line Festival Ecotopia Junction Community Festival Warburton Harmony Festival Crank-up 32-woodchop and family theme day Healesville's 150th Birthday Street Parade Selbyfest Autumn Authors Wickerman Festival Healesville Autumnfest 2014 Belgrave Lantern Parade Organisation Name Belgrave South Community House Wandoon Estate Aboriginal Corporation (WEAC) Yarra Ranges Film Society Celebrate Mooroolbark Inc Upwey Billy Cart Races Yarra Valley Musician's Collective Inc Belgrave Community Arts Partnership Yarra Valley ECOSS Warburton Harmony Festival Upper Yarra Valley Historical Society Community 3777 Selbyfest Dandenong Ranges Tourism National Trust of Australia (Vic) Permaculture Yarra Valley Belgrave Community Arts Partnership Recommended for Funding $ 2,500 $ 10,000 $ 2,500 $ 10,000 $ 3,000 $ 7,500 $ 7,500 $ 7,500 $ 2,500 $ 7,500 $ 10,000 $ 7,500 $ 5,000 $ 5,000 $ 3,000 $ 10,000 $ 101,000
TOTAL FOR RECOMMENDED
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8.
COUNCILLOR MOTIONS
9.
PETITIONS RECEIVED
The following petitions have been received: 1. Request for a safe pedestrian, cyclist and horse crossing point near the corner of Pavitt Lane and Liverpool Rd.
RECOMMENDATION That the listed petitions be received and noted and referred to the appropriate officer.
10. DOCUMENTS FOR SIGNING AND SEALING (1) Letter Under Seal
A letter under seal has been prepared in recognition of Heather West who is retiring after 20 years of service with Yarra Ranges Council, working as a Maternal Child Health Nurse.
(2)
Creation of Easement
Yarra Ranges Shire Council and Mr C D and Ms M A Prestwich Creation of drainage easement over 30 Ropely Grange, Upwey. The easement in favour of Yarra Ranges Council has been negotiated with the property owner to meet additional drainage requirements in the area.
RECOMMENDATION
That the foregoing documents be signed and sealed.
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11. ASSEMBLIES OF COUNCILLORS The Local Government Act 1989 requires that records of Assemblies of Councillors must be kept which list the Councillors attending, the matter discussed, disclosures of conflict of interest and whether or not a Councillor left the meeting after making a disclosure. An Assembly of Councillors is defined under s76AA of the Local Government Act 1989 as a meeting at which matters are considered that are intended or likely to be the subject of a Council Decision or the exercise of a delegated authority and which is either of the following: 1. 2. A meeting of an advisory committee where at least one Councillor is present. A planned or scheduled meeting that includes at least half the Councillors and at least one Council Officer.
The Act also requires that the record of an assembly must be reported to the next practicable ordinary Council Meeting and recorded in the minutes of that meeting. The records for Assemblies of Councillors are attached. RECOMMENDATION
That the records of the Assemblies of Councillors held on: 19 November 2013 - Council Meeting Pre-Briefing 19 November 2013 - Councillor Forum 21 November 2013 - Health and Wellbeing Advisory Committee be received and noted.
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ATTACHMENT 1
Assembly of Councillors Record
Assembly Details:
Meeting Name: Date: Time: Assembly Location: In Attendance: Councillors: Officer/s: Council Briefing 19th November 2013 18:03 18:28 Council Chambers, Anderson St, Lilydale.
Maria McCarthy (Chair), Jim Child, Terry Avery, Jason Callanan, Samantha Dunn, Len Cox Glen Patterson, Troy Edwards, Mark Varmalis, Ali Wastie, Andrew Paxton, Damian Closs, Mitchell Robertson.
Matter/s Discussed: Submission to the Draft Metropolitan Planning Strategy Plan Melbourne Panel Report for Planning Scheme Amendment C129 Proposed Restaurant, 261 Mt Dandenong Tourist Road, Ferny Creek Mooroolbark Activity Centre Structure Plan Proposed Planning Scheme Amendment
Conflict of Interest Disclosures: Nil.
Completed by:
Mitchell Robertson.
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ATTACHMENT 2
Assembly Details:
Meeting Name: Date: Time: Assembly Location: In Attendance: Councillors: Officer/s: Council Briefing 19th November 2013 19:00 20:46 Council Chambers, Anderson St, Lilydale.
Maria McCarthy (Chair), Jim Child, Terry Avery, Jason Callanan, Samantha Dunn, Len Cox Glen Patterson, Troy Edwards, Mark Varmalis, Ali Wastie, Andrew Paxton, Greg Box, Ross Farnell, Isha Scott, Jackie Elward, Jen Bednar, Tracey Varley, Kate Siebert, Mitchell Robertson.
Matter/s Discussed:

Conflict of Interest Disclosures: Nil.
Organisational Performance Report for Councillors (July-Sept) Burrinja Planning Permit amendment application Grants for Community Assessment Report Councils online and print communications strategies Council Bushfire Season Preparation
Completed by:
Mitchell Robertson.
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ATTACHMENT 3

Assembly Details: Meeting Name: Date: Time: Assembly Location: Health and Wellbeing Advisory Committee
21 November 2013 6pm to 8pm Council officers, Lilydale
In Attendance: Councillors: Jason O Callanan Officer/s: Isha Scott Rachel Murphy Catherine Walker Health and Wellbeing Strategy 2013-2017 Feedback on draft action plan for Strategy Funding successes amongst Committee member agencies Member updates
Matter/s Discussed:
Conflict of Interest Disclosures Completed by:
None
Catherine Walker
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12. ITEMS RAISED THROUGH THE CHAIR
13. REPORTS FROM DELEGATES
14. CONFIDENTIAL ITEMS Items 14.1, 14.3 and 14.4 have been listed to be considered in Closed Council as they relate to matters specified in s89-2 d) contractural matters; of the Local Government Act 1989. Item 14.2 has been listed to be considered in Closed Council as they relate to matters specified in s89-2 h) any other matter which the Council or Special Committee considers would prejudice the Council or any person; of the Local Government Act 1989. 14.1 14.2 14.3 14.4 Contract Approval Report Neighbourhood Safer Places for Designation by Council CT2854 Pinks Reserve Regional Netball Facility Pavilion and Courts Construction Contract No CT2804 - Design and Construction of the Olinda Community Pavilion
These reports have been circulated separately to Councillors.
15. NEXT MEETING The next Ordinary Council Meeting will be held on Tuesday 28 January 2013 commencing at 7.00pm at Lilydale.
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CODE OF ETHICS FOR COUNCILLORS

In providing for the good governance of its community, the Council of the Shire of Yarra Ranges has adopted the following ethics to apply to all Councillors to ensure that they act honestly, in good faith and in the best interests of Yarra Ranges as a whole: 1. 2. Councillors will respect the personal views of other Councillors and the decisions of Council; Councillors may publicly express their own opinions on Council matters but not so as to undermine the standing of Council in the community; The Mayor will always represent the opinion or position of Council when speaking publicly; Councillors will incur expenditure in a responsible manner and in accordance with the Councillor Expenditure and Donation Policy; Councillors will avoid conflicts of interest and will always openly disclose any direct and indirect interests where they exist; Councillors will act with integrity and respect when interacting with Council staff and members of the public; Councillors will demonstrate fairness in all dealings and conduct and be open with and accountable to the community at all times; Councillors will conduct themselves in a manner that does not cause detriment to Council or the Shire of Yarra Ranges community.
3. 4.
5.
6.
7.
8.
This Code forms part of the Code of Conduct for Councillors, adopted on 13 October 2009. The Code of Conduct will be reviewed following each Council Election.

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COUNCIL MEETING TUESDAY 10 DECEMBER 2013

NOTES FOR QUESTIONS AND SUBMISSIONS FROM THE PUBLIC

Cr Fiona McAllister Mayor Ryrie Ward

Glenn Patterson Chief Executive Officer

Cr Len Cox Walling Ward

Cr Noel Cliff Streeton Ward Cr Jim Child

Council Chamber Layout

Cr Terry Avery Melba Ward

Social & Economic Development

Director Environment & Engineering

PLANNING, BUILDING & HEALTH

10. DOCUMENTS FOR SIGNING AND SEALING 11. ASSEMBLIES OF COUNCILLORS

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YARRA RANGES SHIRE COUNCIL

COUNCIL MEETING OPENED

INTRODUCTION OF MEMBERS PRESENT

QUESTIONS AND SUBMISSIONS FROM THE PUBLIC

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PLANNING, BUILDING & HEALTH

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However, no formal amendments have however occurred to the proposal

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