Agenda and minutes

There were no Mayoral Announcements for this meeting.

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.

QUESTIONS FROM THE PUBLIC

Sue Thompson, Resident of Kilsyth, asked:

What legal tools does council have to stop developers allowing demolition by neglect of properties they own and when have they been used? I refer to the already demolished former Lilydale Fire Station, the still standing Lilydale Hotel and now the row of shops at 304 Main Street currently occupied by squatters?

Council desperately needs to do something about the appalling state of the south side of Main Street west of Anderson Street.

Andrew Hilson, Director Corporate Services responded:

Thank you for your question, Ms Thompson.

We understand the community’s concerns over the state of these buildings and the surrounding environment. Council is somewhat limited in the options available to manage private property.  Depending on the situation, Council can consider the following actions:

1.      Use of a Building Emergency Order. This option is used where there are life, health, or safety issues such as structural concerns or where the building is being accessed or occupied by squatters or rough sleepers. Council has powers to evict occupants, and with the assistance of police, to ask the owner to organise make-safe works. Building inspections of the White Dog Hotel have found no evidence of any of the above issues in recent years. Council’s Building Department is currently investigating the building being occupied with squatters at 304-310 Main Street. In some cases, a Building Order for make-safe works may require a building to be demolished.

2.     Issue a Notice to Comply under the Yarra Ranges Neighbourhood Amenity Local Law 2020, Sections 12.6 Unsightly Land and 12.7 Dilapidated Buildings. These provisions can be applied in defined circumstances, and if the requirements of the Notice to Comply are not adhered to, owners may be subject to financial penalties.

3.     Creation of a new Local Law targeting dilapidated buildings, with more stringent criteria than the existing local law.  If a new local law policy was created, it would need to apply to all commercial properties across the municipality.  The creation of a new local law requires further investigation. The issue of dilapidated buildings will be investigated as part of the midway Local Law review to commence late 2023.

4.     Use of an increased rate differential for derelict buildings in Yarra Ranges. This has been considered in recent years by Council but determined not to be the most effective way to respond to individual sites of concern.  A differential rate would apply to all applicable properties in the municipality that satisfy a specified set of criteria in line with Ministerial Guidelines.  Such criteria, applied widely, would create other issues of inequity and challenge.  As stated earlier, this issue of derelict buildings will be considered further as part of the Local Law midway review in 2023. 

To assist the community in understanding more about these options, a  ...  view the full minutes text for item 8.

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 application proposes buildings and works to construct a dwelling and earthworks greater than one metre.

The existing dwelling is proposed to be demolished prior to the occupation of the proposed dwelling.

The proposed built form is of a modern curvilinear form and is cut into the natural ground level with an elongated arched design for the basement and ground floors that leads towards a spiralled first floor that predominately overhangs the natural ground level below it, with a small section that wraps and protrudes over the ground floor. The dwelling façade is in a natural concrete finish and clear glass.

The application has been advertised and four (4) objections have been received. Issues raised relate to visual bulk and impacts to the landscape character, the fragmentation of agricultural land and amenity impacts including noise and light.

Overall, the proposal will be in line with the landscape character of the area whilst providing for agricultural uses onsite that is consistent with the zoning and proposed overlays of the land.

The proposal has been assessed against the applicable Clauses of the Yarra Ranges Planning Scheme and, on balance, found to be consistent with a number of planning policies as they relate to landscape and environmental impacts as well as the maintenance of agricultural uses.

As such, it is recommended that the application be approved, subject to conditions.

In accordance with Governance Rule 58, James Calder spoke in objection of the recommendation included in the officer report.

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

Following endorsement from Council on 14 December 2021, the draft Lilydale Structure Plan was placed on public exhibition for a ten week period from 16 December 2021 to 28 February 2022. 

The consultation undertaken and the feedback received from the community on the draft plan is discussed further in this report and in the attached Consultation and Engagement Report (Attachment 2). 

Primary feedback was received through formal survey responses (197), with community also able to provide informal written submissions (22), participate in a launch webinar, and attend two focus groups. Meetings were also held with the Lilydale Township Action Group and Lilydale Youth Advisory Committee. During the engagement period there were 7432 views of the Lilydale Structure Plan webpage.

Several key issues were raised through the consultation relating to locating community facilities centrally, proposed building heights in the Town Centre, extent of residential zoned land, impacts on infrastructure, traffic congestion and parking, and the need for a well-designed and integrated Lilydale bypass. These are summarised in this report and at Attachment 2, and a proposed final Lilydale Structure Plan (Attachment 4) show the proposed changes mark up. 

The Structure Plan has been reviewed against the feedback received and updated to reflect applicable suggestions and priorities provided by responses.

In accordance with Governance Rule 58, Paul Dempsey spoke in objection of the recommendation included in the officer report.

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

SUMMARY

The 10-year Economic Development Strategy (Strategy) that has guided Council’s role and resources in the development of the local economy concludes at the end of 2022. Consequently, a renewal is in progress to develop the Strategy 2022–2032 to position Yarra Ranges (YR) as a desirable place to live, work, invest and visit.

The development of the draft Strategy has been informed by a comprehensive review, a background report and extensive community and stakeholder consultation and analysis.

Collectively this work has produced the draft Strategy 2022-32 for public exhibition which delivers:

·           A strong vision, grounded in the aspirations of the local community;

·           Contemporary approach to economic development steeped in regenerative values, focussed on future-proofing the economy beyond the global pandemic and extreme climate events; and

·           Globally competitive ideas that differentiate the YR from other local government areas.

The draft Strategy has incorporated feedback from Councillors, community and key stakeholders and now seeks endorsement to be placed out for community consultation.

Following community consultation, officers will produce an engagement report analysing feedback received and how the feedback has shaped any changes to the Strategy. This will be presented at a future Council meeting.

Yarra Ranges Regional Marketing Ltd, trading as Yarra Ranges Tourism, is the not-for-profit organisation created to operate as the peak regional tourism organisation for the Yarra Valley, Warburton Valley and Dandenong Ranges. James Robinson notified Council that he would be standing down as Chair of Yarra Ranges Tourism as of October 2022. Under the constitution the Chairperson is to be appointed by Yarra Ranges Council. Council requested that a Nominations and Consultative (N&C) Committee undertake the selection process on its behalf and make a recommendation of a suitable candidate. 

Following a competitive recruitment process, the N&C Committee recommends Council appoint Leigh Harry as Chair.

Cr Todorov left the meeting at 8.36pm and returned to the meeting at 8.38pm following a vote being taken.

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.

There was no Items Through the Chair received for this meeting.

Cr Fullagar:

-        Chaired, in the absence of Cr Skelton and Cr Heenan, the Sustainable Environment Advisory Committee meeting on Thursday 4 August 2022. Cr Fullagar reported a very informative committee meeting and a good opportunity to highlight the status of infrastructure.

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.

SUMMARY Chapter 8, Rule 1, of the Governance Rules requires that records of informal meetings of Councillors must be kept and that the Chief Executive Officer must ensure that a summary of the matters discussed at the meeting tabled at the next convenient Council meeting and recorded in the Minutes of that Council meeting.

An ‘informal meeting of Councillors’ is defined in the Governance Rules as a meeting of Councillors that:

·            is scheduled or planned for the purpose of discussing the business of Council or briefing Councillors;

·            is attended by at least one member of Council staff; and

·            is not a Council meeting, Delegated Committee meeting or Community Asset Committee meeting.

The records for informal meetings of Councillors are attached to the report.

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.

There being no further business the meeting was declared closed at: 8.44pm. Confirmed this day, Tuesday 23 August 2022, via videoconference

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Councillor Jim Child (Mayor)