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

QUESTION 1

Aaron Graham, a resident of Olinda, asked: 

We've experience two dog attacks since moving to this council since last winter. Given that the council has full records of breed, location of residence, desexed status, age etc. what preventative measures has this council put in place to ensure the safety of both its constituents as well as their pets to prevent attacks by other pets, particularly dogs, and which councillor is responsible for the program?

Jane Price, Director Communities:

Thank you for your question, Aaron.

It is a whole of Council responsibility to ensure statutory requirements under the Domestic Animal Management Act 1994 are met. This includes the development and implementation of a Domestic Animal Management Plan (or DAMP) and an updated DAMP was endorsed by Council on 22 November 2022.

The DAMP outlines current programs to assist with the promotion of responsible pet ownership, welfare of dogs and cats, the protection of the community and the environment as well as evaluation of Council’s animal management service.

 ‘Minimising Dog Attacks’ is a section of the DAMP that outlines details of factors that can influence aggressive behaviour in dogs and actions Council is focusing on to support a reduction in this type of behaviour. Since 2018 Council has seen a reduction in reported dog attacks.

Council Officers also inspect properties where declared dangerous and menacing dogs are required to be appropriately contained.

Further information can be found in the Yarra Ranges Domestic Animal Management Plan 2022 – 2026 available on Council’s website.

QUESTION 2

Neil Doyle, a resident of Lilydale, asked: 

In regard to Agenda Item 10.4. Could you please confirm or deny that the replacement street lights being rolled out are in fact just lights and do not have the ability to collect images, data or monitor movement from the public passing by?

Can you please confirm or deny these new lights have no 5G connectivity or any other ability to transmit or receive data from any other smart city initiative?

Kath McClusky, Director Planning & Sustainable Futures:

Thank you for your question, Neil the replacement streetlight program is looking to replace the inefficient lighting currently along the road network with energy efficient lighting. The streetlights do not have the ability to collect data, images or monitor movement and have no internet capability or connectivity.

The program is similar to replacing lights in the home, such as when changing over from the less efficient halogen lights to LED lighting.

QUESTION 3

Ian Bergwerf, a resident of Lilydale, asked: 

Under the local Government Act 2020 the council is required to be transparent and efficient. Can you please explain why when the councillors have unanimously voted to remove 8 trees in Kookuburra lane, Mt Evelyn the planning system requires a further vote on the planning permit application.  ...  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.

SUMMARY

The following petitions have been received:

General Petitions

1.         Residents request that Council construct a walking trail from Hazelvale Road, Tecoma to Birdsland Reserve. 235 valid signatures. (102 from Yarra Ranges).

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

SUMMARY

The application proposes to remove eight native trees from the site, four of which are exempt from requiring a permit, and four require a planning permit. All trees proposed for removal are assessed as having a low risk of failure. The proposed tree removal has been lodged following safety concerns raised by an adjoining property owner whose dwelling was impacted by a falling tree from the subject land during the June 2021 storm event.

Prior to the lodgement of the application, Council’s Arborist inspected 25 trees within proximity of the affected property and consented to the removal of seven trees deemed to be dangerous and posed an immediate risk but recommended the retention of further eight trees that form this application. Those seven immediate risk trees have been removed.

On 22 November 2022, consideration of whether consent should be given by Council for the removal of eight trees was brought to a Council meeting whereby a motion was passed allowing their removal subject to a planning permit application being lodged and issued.

Of the eight trees to be removed, four trees (Trees 3, 4, 8 and 22) require a planning permit under Clause 42.01 - Environmental Significance Overlay Schedule 1, Clause 42.03 - Significant Landscape Overlay Schedule 6 and Clause 52.17, Native Vegetation, while the remaining four (Trees 16, 17, 19 and 21) are exempt under Clause 52.12 as they are within 10 metres of the dwelling on the adjacent property.

The application was advertised, and one letter of support was received.

As required by the Yarra Ranges Planning Scheme, the proposal has been assessed on arboricultural merit. The vegetation has been assessed by two arborists, the first being on behalf of Council as the applicant, and the second who undertook a review of the submitted assessment on behalf of the planning department. Each Arborist conducted an independent review, and both have determined that, with the exception of Tree 8, there is no arboricultural reason for the vegetation to be removed. The vegetation is deemed to be of high retention value, is at low risk of failure and has a long useful life expectancy.

The proposal is deemed to be inconsistent with the relevant provisions of the Yarra Ranges Planning Scheme, in particular both State and Local Planning Policy which seek to protect and retain ecologically significant, high retention value vegetation.

It is therefore recommended that Council resolve to refuse the application, and a Notice of Refusal be issued.

ITEM WITHDRAWN

At the request of the Chief Executive Officer, Item 10.1 YR-2022/1106 - Hereford Road, Mount Evelyn – Planning Report, was withdrawn from the agenda as it was identified that the landowner had not been notified of the application in accordance with Section 48(1)(b) of the Planning and Environment Act 1987.

There was no consideration of the planning application at this meeting.

SUMMARY

This application seeks to use and develop the land for a service station including a convenience shop with drive through, six (6) fuel pumps, three (3) hand car wash bays, a machine carwash, dog wash and four (4) vacuum stations operating 24 hours a day, seven days a week. The car wash bays, and vacuum bays will operate at specific times. The proposal includes the display of pole signs, promotion signs, illuminated business identification signs, and alteration of access to a road in a Transport Zone 2.

The key issues with the proposed use are traffic, car parking and amenity impacts on adjoining and nearby Mount Evelyn Primary School and dwellings.

The proposal is consistent with the purpose of the Industrial 3 Zone, noting that service station use is an as of right use except where within 30 metres of a residential land zone or education facility.

The proposal meets the objectives and strategies of the relevant planning policies, including clause 02 and clause 17.03.

The layout responds to the adjoining school, placing noise and odour producing components such as the bowsers, tank refilling point, control building, drive through, vacuums and car wash to the west of the site where the school’s car park and the adjoining panel beater provide an appropriate buffer to the school.

The 24-hour sale of petrol is supported however, due to amenity impact concerns upon the adjoining dwellings, the drive through is recommended to be limited to 6am to 10pm operation and vacuum operation is recommended to be limited to 7am to 6pm.

The proposal seeks to undertake significant works within Monbulk Road including slip lanes and turning lanes. Through negotiation and amendment of plans the Department of Transport have reviewed and support the proposed access arrangements. These alterations to Monbulk Road, in addition to conditions requiring plans to show access to Renouf Court and other adjoining properties, address existing traffic issues in the immediate vicinity of the site and provide a net community benefit.

The recommendation includes conditions to address both existing and potential traffic concerns, with particular focus on pedestrian safety.

Overall, it is considered that the proposal demonstrates a strong alignment with the relevant policies and provisions of the Yarra Ranges Planning Scheme and provides an opportunity to improve local pedestrian and vehicle traffic issues and should be supported, subject to conditions.

It is recommended that a Notice of Decision to Grant a Permit be issued subject to the conditions in Attachment 1 to the report.

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

In accordance with Governance Rule 58, Andrew Caspar, on behalf of the Applicant, spoke in support of the recommendation included in the officer report.

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

SUMMARY

Amendment C210 proposes to apply the Heritage Overlay (HO430) to 1 Montrose Road, Montrose.

The amendment was placed on public exhibition from 7 July 2022 to 8 August 2022 and six submissions were received. Two submissions supported the amendment but requested changes and one submission opposed the amendment. 

At the Ordinary Meeting of 11 October 2022, Council resolved to seek the appointment of an independent Panel to consider submissions to the amendment.

The Panel hearing was held on 14 and 15 December 2022.  The Panel has now provided its report and recommendations to Council.

The Panel has recommended that Amendment C210 be adopted with some modifications, the most significant of which is the deletion of individual protection of five identified trees. A copy of the panel report is at Attachment 1.

It is recommended that Council adopt Amendment C210 consistent with the Panel’s findings.

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

SUMMARY

The Sustainable Streetlighting Program which commenced in 2013 has replaced of over 7000 Council streetlights with cumulative savings of $2.5 million and an average annual abatement of 3,000 tonnes of carbon emissions. This third stage will see the remaining unmetered streetlights replaced with energy efficient lighting.

This report seeks support for the upgrade of standard streetlighting on Category P (pedestrian) and Category V (vehicle) roads. Quotes were sought December 2022 through the MAV contract: SL3911-2022 Street Lighting Hardware & Installation.

This report recommends accepting lighting supply from Schreder Australia Pty Ltd and installation from Electrix Pty Ltd for the estimated prices in the Confidential Attachments to this report. The recommended price is reflective of current streetlighting market rates and represents the best value outcome for Council.

This item has been included in the public agenda to facilitate openness and transparency in Council’s decision making. Confidential attachments are included with the report which contains commercially sensitive information.

SUMMARY

Council has an ongoing requirement for Civil Design and Associated Services in support of delivering its annual infrastructure capital works program. A panel arrangement is required for the development of civil design documentation, undertaking water and stormwater related design and analysis, and completing project management services.

An advertisement calling for tenders was placed in The Age newspaper on Saturday 17 September, 2022. Tenders closed on Monday 17 October 2022, and twenty-six submissions were received.

The evaluation panel recommends the following tenders:

1.         Afflux Consulting Pty Ltd

2.         AME Consultants Pty Ltd

3.         Civil Road Solutions Pty. Ltd.

4.         CRE Consulting Engineers Pty Ltd

5.         C.T. Management Group Pty. Ltd.

6.         Engeny Australia Pty Ltd

7.         GHD Pty Ltd

8.         HDS Australia Pty Ltd

9.         JCA Land Consultants Pty Ltd

10.      JJ Ryan Consulting Pty Ltd

11.      Morphum Environmental Limited

12.      Procivil Consulting Pty Ltd as The Trustee for Procivil Unit Trust

13.      RMG (AUS) Pty Ltd

14.      Tony McGann Consulting Pty Ltd as The Trustee for McGann Discretionary Trust

The maximum estimated total value of this schedule of rates contract for the full contract term of 7 years is $7,000,000 (ex. GST) ($7,700,000 inc. GST) (which includes all extension options). Rates are fixed for the first year of the contract and subject to annual CPI adjustment or capped at Council’s rate cap, whichever is lower.

SUMMARY

Review the statutory timeframes outlined in the Planning and Environment Act 1987 to better differentiate between simple, moderate and complex planning matters.

The Municipal Association of Victoria (MAV) will be holding its State Council Meeting on Friday 19 May 2023. State Council is the MAV’s governing body and comprises representatives from each member council, with one of its roles being to determine the strategic direction for the MAV.

Member councils are invited to put forward motions for consideration at the State Council Meeting in accordance with the criteria set by the MAV.

Council is asked to endorse the motions to be submitted for consideration.

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    Kallista Flood Watch Group

Cr Skelton attended the Kallista Flood Watch Group Community Briefing on Thursday 2 March 2023 at the Kallista Tea Rooms. Aaron Violi, Federal Member for Casey and Daniela De Martino, State Member for Monbulk, were also in attendance. The Mayor also attended the meeting.

12.2    Kallista Village Incorporated

Cr Skelton attended the inaugural meeting of the Kallista Village Incorporated on Thursday 2 March 2023 and informed Councillors that the group will be holding their next meeting on the 23 March 2023.

There were no Reports from Delegates received for this meeting.

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