Agenda and minutes

40th Anniversary of Ash Wednesday Bushfires

The Mayor acknowledged the 40th Anniversary of the Ash Wednesday Bushfires which claimed 47 lives in Victoria. The Mayor recalled the volunteers and emergency services personnel that worked tirelessly to save lives on that day 40 years ago.

14th Anniversary of BLACK SATURDAY Bushfires

The Mayor also acknowledged the 14th Anniversary of the Black Saturday Bushfires which claimed 16 lives in the Shire of Yarra Ranges. TheMayor acknowledged the long recovery for the communities impacted by the bushfires.

Governance Rules

The Mayor reminded the gallery that Council meetings are held in accordance to the Governance rules. The Mayor also informed the gallery that general questions regarding the operations of Council can be directed to Council Officers via telephone on 1300 368 333 or email mail@yarraranges.vic.gov.au.

In accordance with Chapter 7, Rule 4, of the Governance Rules developed by Council in accordance with section 60 of the Local Government Act 2020.

In accordance with Chapter 7, Rule 4, of the Governance Rules developed by Council in accordance with section 60 of the Local Government Act 2020.

There were no disclosures of conflicts of interest made for this meeting.

In accordance with Chapter 3, Rules 57 and 59, of the Governance Rules developed by Council in accordance with section 60 of the Local Government Act 2020.

In accordance with Chapter 3, Rules 57 and 59, of the Governance Rules developed by Council in accordance with section 60 of the Local Government Act 2020.

Question from Belinda Bernardini of Chirnside Park: 

Council would be aware of that Chinese-made surveillance cameras are being removed over national security fears. The equipment in question are built by companies, Hikvision and Dahua. Does council have any of these cameras in the Shire of Yarra Ranges? If so, when will these be removed. 

Response from Kim O’Connor, Acting Director Built Environment & Infrastructure: 

Thank you for your question, Belinda.  

Council does have security cameras manufactured by Hikvision. 

These cameras are stand alone and not connected to our network systems. 

At this stage Council will monitor the current concerns with respect to the use of Hikvision and Dahua cameras.  Council is aware of the Federal Government announcement; however, we will await any advice from the Victorian State Government on this matter. 

There were no Submissions listed on the Agenda for this meeting.

In accordance with Chapter 3, Rule 60, of the Governance Rules developed by Council in accordance with section 60 of the Local Government Act 2020.

In accordance with Chapter 3, Rule 60, of the Governance Rules developed by Council in accordance with section 60 of the Local Government Act 2020.

There were no Petitions received for this meeting.

SUMMARY

·                The proposal provides for an essential community infrastructure for Monbulk and surrounding communities in a location that is both compatible and commonplace within a residential area.

·                Exhibiting positive social and economic advantages to current and future residents of the township, the proposal is an exemplary example of contributing to the township’s community sustainability and is designed respectfully for its semi-rural low density landscape character.

·                The design response is of high standard and consideration in addressing special attention to minimising negative impacts to adjoining neighbours. Effective layout, human scaled building form and design detailing appropriately responds to the constraints and characteristics of the site and surrounds.

·                The proposed use and development are suitably aligned with the purpose of the zone and its decision guidelines which point to consideration of the Municipal Planning Strategy and the Planning Policy Framework. In particular, the proposal is strongly aligned to the relevant sections of the Municipal Planning Strategy and the Planning Policy Framework.

·                The proposal received 20 objections and one letter of support. For the objections, the primary concerns raised were land use appropriateness, accumulative amenity impacts, accumulative traffic impacts including nominating Coolwyn's Nursery trucks frequently traversing Victoria Avenue, increase in traffic, increase in car noise and fumes, decreased traffic/pedestrian safety and potential for poor driving behaviour.

·                The application was reviewed by the Country Fire Agency (CFA) and internally by Council’s Engineering Traffic and Drainage departments and Council’s Arborist. All referral assessments determined no overarching concerns with the proposal, subject to standard and non-standard conditions.

·                Overall, the proposal is considered worthy of support, subject to conditions.

Cr Heenan joined the meeting at 7.20pm prior to the vote being taken.

In accordance with Governance Rule 58, Jennie Bakker spoke in objection to the recommendation included in the officer report.

In accordance with Governance Rule 58, Henry Johnstone, on behalf of the applicant, spoke in support of the recommendation included in the officer report.

Cr Eastham moved a motion alternate to that printed in the agenda.

SUMMARY

·                The proposal seeks approval for an unattended Service Station (6x fuel pumps) and Carwash (2 x bays) operating 24 hours a day, seven days a week, with ancillary vacuums and a dog wash activity with reduced operation hours;

·                The proposal does to not achieve the objectives and strategies of numerous planning policies, including Municipal Planning Strategic (Clause 02) and fails to align with the purpose of the Zone;

·                The application has failed to satisfactorily demonstrate that the proposal provides any net community benefit/need and that residential amenity and character won’t be negatively affected;

·                A review of the application, the subject site and the current relevant provisions of the Yarra Ranges Planning Scheme makes clear that this site is simply not suitable for a service station and car wash land uses and sought-after operation of 24 hours per day, 7 days per week;

·                The commercial needs should not replace the limited supply for housing and accommodation opportunities afforded to the local community unless there is strong benefit to community as a whole;

·                The subject site is located in a sensitive residential context that will create ongoing conflicts between residents and the proposed uses and development;

·                The proposal will generate unreasonable noise (day and night) and light pollution (night). While some measures could be implemented to counter these impacts, such as baffling lighting and acoustic rated boundary fencing, these standard amenity protection measures would be insufficient to provide a suitable level of amenity protection for this residential area;

·                The proposal fails to consider retention of highly valued significant trees, these will be lost through the proposed development, or include provision for new tree planting or significant landscaping;

·                The subject site is located within a high amenity area and the proposed extent of signage and signage illumination within the prominent streetscape represents an unacceptable visual clutter and visual disturbance to the township character; and

·                The proposal received two (2) objections. The primary issues raised were amenity, traffic, health, safety and no community land use need.

In accordance with Governance Rule 58, Annabel Paul, on behalf of the applicant, spoke in objection to the recommendation included in the officer report.

In accordance with Governance Rule 58, Shona Smith spoke in support of the recommendation included in the officer report.

Cr Child moved a motion alternate to that printed in the agenda.

SUMMARY

At the Ordinary Council Meeting of 14 May 2022 Council resolved to prepare and exhibit a combined Planning Scheme Amendment C208 and Planning Permit application (YR-2022/512) for 27-33 Old Hereford Road, Mount Evelyn (the site).

Amendment C208 proposes to apply Schedule 2 of the Low Density Residential Zone (LDRZ) the site, to allow the subdivision of the land into one 2200sqm and one 2967sqm lot.

The amendment proposes a concurrent planning permit (YR-2022/512) for a two-lot subdivision under Section 96A (combined amendment and permit process) of the Planning and Environment Act 1987.

The amendment was exhibited between 13 October 2022 to 13 November 2022 with a total of 7 submissions received during the exhibition period. Of the 7 submissions, the one opposing submission was subsequently withdrawn.

Cr Heenan left the meeting at 8.21pm following the vote being taken.

SUMMARY

This report and attachment inform Council on the Tender Process for the CT7095 Kerbside Collection & Mobile Bin Supply and Distribution tender, which closed on 21 October 2022 and seeks approval to award the tender to the preferred tenderer as per the recommendations within the confidential evaluation report.

The timing of the report relates to ensuring the transition of services can be appropriately managed which relies on delivery of the Letter of Offer by February 2023. This will ensure all contract resources, such as trucks and bins, are in place for the commencement of services in October 2023.

Cr Heenan returned to the meeting at 8.26pm prior to the vote being taken.

SUMMARY

This report seeks to inform Council of the draft Kilsyth Recreation Reserve Master Plan (the draft Master Plan) that has been developed following extensive consultation with the local Kilsyth residents, Kilsyth Community Action Group, sports clubs and the broader Yarra Ranges community. The draft Master Plan provides a 10+ year strategic approach to improve sport and recreation facilities at the reserve in response to identified community needs, including repurposing of aged infrastructure.

Improvements recommended include the removal of the redundant tennis courts to provide a multi-generational playspace, multi-purpose court and junior pump track. An upgrade to the oval irrigation and lights is proposed plus the inclusion of a community plaza and oval viewing space. The community will also benefit from an improved path network and ‘chillout’ spaces.

Cr Heenan was unable to participate in the vote due to technical issues.

SUMMARY

Council has been offered opportunity to purchase 13 Green Street, Healesville (Lot 2 PS641028), a 1695m2 section of vacant land from Victrack for a price equivalent to half its market value, on the provision the land remains for public open space.

Until 2018, the land had been leased by Council and maintained as a community open space, passive recreational area and meeting space, and as the site of a monthly Community Market.

In 2017, a community survey undertaken by Council indicated that 89.7% of community respondents supported Council purchasing the land at a price in the vicinity of $400k, while 67.2% supported its purchase at a price of $1.185 million (the market value of the land at that time).

More recent negotiation has seen Victrack now making a formal offer to Council to purchase the land for $675,000 plus GST, which represents a discount of 50% on the current market value, on the provision that a restrictive use covenant is applied to the land restricting its use to a community open space. The proposed purchase could be funded entirely using Open Space Funds available to Ryrie ward.

It is recommended that Council commence community engagement via a Notice of Intent and seek the community views in respect of the potential purchase of the land in accordance with provisions of section 112 of the Local Government Act 2020.

At its conclusion, a report detailing submissions received through the engagement process would be presented to Council for a final decision on the proposed purchase.

In accordance with Chapter 3, Division 4, of the Governance Rules developed by Council in accordance with section 60 of the Local Government Act 2020.

In accordance with Chapter 3, Division 4, of the Governance Rules developed by Council in accordance with section 60 of the Local Government Act 2020.

There were no Councillor motions listed on the agenda for this meeting.

12.1                Ash Wednesday 40^th Anniversary Event

Cr Skelton attended the 40^th Anniversary of the Ash Wednesday bushfires event held in Cockatoo. She thanked all the organiser of the event and the people who served on that day 40 years ago. Cr Skelton acknowledge the impact that day has had on the community.

12.2                Midsumma Pride March

Cr Skelton thanked the Officers that organised and participated in the Midsumma Pride March held on 5 February 2023.

12.3                Star News Group

The Mayor commended the Star Mail News on the recent editions of the paper containing articles commemorating the 40^th Anniversary of Ash Wednesday bushfires.

Cr Cox:

-           Attended the Kilsyth Community Action Group meeting held 9 February 2023 at the Japara Living and Learning Centre.

-           Attended the Walmsley Residential Aged Care new facility officially opening held 10 February 2023 in Kilsyth.

-           Acknowledged the 15^th anniversary of the stolen generation apology giving by the Prime Minister Kevin Rudd. Cr Cox also acknowledged the 25^th Anniversary of Yarra Ranges Council apology to the stolen generation.

Cr Child

-           Noted that he has signed off on a media release, on behalf of Council, regarding the 25^th Anniversary of Yarra Ranges Council apology to the stolen generation.

Cr McAllister:

-           As Co-chair of the Valley Regional Community Recovery Committee, attended two community consultation events held in Yarra Glen and Healesville.

Cr Skelton

-           Attended The Sustainability Environment Advisory Committee meeting held on 2 February 2023. The meeting was also attended by Cr Fullagar.

-           Attended the Municipal Emergency Management Planning Committee held 8 February 2023 at the Yarra Ranges Council Civic Centre. The meeting was also attended by Cr Child.

In accordance with Clause 87 of the Meeting Procedures and Use of Common Seal Local Law 2015, as prescribed by Section 14(2)(c) of the Local Government Act 2020.

In accordance with Clause 87 of the Meeting Procedures and Use of Common Seal Local Law 2015, as prescribed by Section 14(2)(c) of the Local Government Act 2020.

There were no Documents for Signing and Sealing received for this meeting.</AI24><AI25>

In accordance with Chapter 3 Rule 24 of the Governance Rules developed by Council in accordance with section 60 of the Local Government Act 2020.

There was no Urgent Business received for this meeting.

In accordance with section 66(2)(a) of the Local Government Act 2020.

In accordance with section 66(2)(a) of the Local Government Act 2020.

There were no Confidential Items listed on the agenda for this meeting.