Agenda and minutes

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.

Cr Child declared a general interest in respect of Item 11.1. A written notice was supplied to the Chief Executive Officer under Governance Rules Chapter 7 Sub-Rule 3.1b.

­­­­­­­­There were no Mayoral Announcements for this meeting.

In Favour:      Cr Heenan, Cr Higgins, Cr Ward, Cr Mcilwain, Cr Mazzarella, Cr Child, Cr McAllister, Cr Marriott and Cr Cox.

Against:          Nil

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 TO COUNCIL

In accordance with Governance Rule 59.10, Sharyn Manning read their Question to Council

Sharyn Manning of Mooroolbark asked;

How many planning applications for the Lilydale Commercial Activity Centre were approved with less than the statutory regulatory car parking requirements in the below listed street areas and what was the total number of reduced car parking spaces in these areas, between the period of 1 January 2024 - 31 December 2024?

·                Clark Street to Hardy Street, Lilydale.

·                Castella Street, Lilydale.

·                Main Street from the train station down to Anderson Street, Lilydale.

Director Planning & Sustainable Futures, Kath McClusky

Thank you for your question, Sharyn.

When planning new developments, the planning scheme specifies the number of car parking spaces the development needs to provide, which is based on the type of development. A developer can apply to waive some or all of the stipulated spaces.

When a developer proposes fewer spaces than the planning scheme requires, they must submit a Car Parking Demand Assessment with their application.

Council then evaluates their assessment against the empirical data it has for each availability, functionality, and safety of the parking availability and demand onsite and existing parking in the surrounding areas. It also considers factors like existing parking demand, the cumulative impact of any waivers that Council has already given, the opportunity for multi-purpose trips, access to public transport, walkability for pedestrians, cycling facilities, and the impact on traffic on the local area, and businesses.

According to our records between 1 January 2024, and 31 December 2024, in the Lilydale area specifically defined in your question, Council has approved one planning permit which included a waiver of one visitor car parking space in a residential unit development.

In addition to that, in early January 2024, VCAT overturned a 2023 Council refusal, to approve a waiver of one visitor car parking space in another residential unit development.

This year, there has also been one decision issued which approved the waiver of five car parking spaces for a retail premises, which will provide three spaces instead of 8.

In all these approvals, the Council has carefully balanced all considerations mentioned to determine whether the reduction in parking spaces was appropriate.

In accordance with Governance Rule 59.10, David Pratt read their Question to Council

David Pratt of Warburton asked;

I have a question that I would like to put to Council regarding an ongoing stormwater issue that has impacting our Caravan Park business, as well as creating a significant road safety hazard — This is an issue that has plagued our Holiday Park for several years.

What is the status of the rectification of the stormwater assets are impacting our Caravan Park?

Director Built Environment and Infrastructure, Hjalmar Philipp

Thank you for your question, David

I want to start by acknowledging the areas subject to inundation and, as discussed  ...  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 petition be received:

General Petitions

a)        Council to provide the people of Lilydale with fair and reasonable carparking signage that is agreed by the community, rescinding of all fines prior to an agreed consultation process, and publication of the results of consultation and the method of recording of infringements and enforcement.

178 valid signatures.

b)        The introduction of a Special Charge Scheme for Sealing Stanton Grove, Lilydale, with no curb and channel.

8 valid signatures

In accordance with Governance Rule 58, Sharyn Manning spoke in support (of general petition a) the recommendation included in the officer report.

In accordance with Governance Rule 29.1, Cr Heenan and Cr Mazzarella spoke to the Motion.

In Favour:          Cr Heenan, Cr Higgins, Cr Ward, Cr Mcilwain, Cr Mazzarella, Cr Child, Cr McAllister, Cr Marriott and Cr Cox.

Against:     Nil

SUMMARY

The Audit and Risk Management Committee (the Committee) has been established by Council under Section 53 of the Local Government Act 2020 (the Act). It is the responsibility of the Committee to provide Council with independent, objective advice and assurance on the adequacy of Council arrangements as set out in the Committee Charter (the Charter). 

The Act requires that the Committee prepare a biannual report for Council that describes its activities and includes and findings and recommendations.

This report is the biannual report of the Committee for the six-month period ending 31 December 2024.

In accordance with Governance Rule 58, Katie Baldwin spoke in support of the recommendation included in the report.

In accordance with Governance Rule 29.1, Cr McAllister and Cr Mcilwain spoke to the Motion.

In Favour:      Cr Heenan, Cr Higgins, Cr Ward, Cr Mcilwain, Cr Mazzarella, Cr Child, Cr McAllister, Cr Marriott and Cr Cox.

Against:          Nil

SUMMARY

Yarra Ranges Council’s Audit and Risk Management Committee (The Committee) serves as a key advisory body to Council, with its Charter defining the Committee’s core responsibilities. The Charter is essential in outlining governance requirements, the structure of the Committee meetings, and the roles of its members.

To ensure the Committee’s responsibilities remain clear, current, and aligned with evolving expectations and standards, the Charter undergoes regular review by the Committee and Council Officers and is subsequently considered by Council for formal endorsement.

The Charter has recently undergone a review with a range of non-significant, yet important, amendments being undertaken.

In accordance with Governance Rule 29.1, Cr McAllister and Cr Marriott spoke to the Motion.

In Favour:     Cr Heenan, Cr Higgins, Cr Ward, Cr Mcilwain, Cr Mazzarella, Cr Child, Cr McAllister, Cr Marriott and Cr Cox.

Against:        Nil

SUMMARY

The purpose of this report is to provide an update on the Stormwater Community Reference Panel (SCRP) Expression of Interest (EOI) period that was open from open from 4 December 2024 to 22 December 2024.

In total there were 14 applications received over the EOI period, with representation from all wards, with the exception of Walling Ward. One candidate withdrew their application following the conclusion of the EOI period. After consideration of all the applications received, all applicants were considered suitably qualified for panel recommendation and will be invited to participate. 

While the amount of participants is marginally above the initial number sought, it is not inconsistent with other refence groups operating at Council and is considered to be able to practically function.

It is recognised that over the life the plan, additional community members may express interest in joining.    Any future application would be subject to the existing evaluation process, with consideration of an appropriate and practical number of participants for a meeting to function.

It is anticipated the initial meeting (including induction) will occur in March 2025.

Cr Mcilwain moved and withdrew the motion printed in the agenda.

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

In accordance with Governance Rule 29.1, Cr Mazzarella and Cr Heenan spoke to the Motion.

In Favour:      Cr Heenan, Cr Higgins, Cr Ward, Cr Mcilwain, Cr Mazzarella, Cr Child, Cr McAllister, Cr Marriott and Cr Cox.

Against:          Nil

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.

SUMMARY

Yarra Ranges is home to significant biodiversity, with the region’s landscapes and iconic species, including the Eastern Grey Kangaroo, attracting over four million tourists per year.

Local community members and groups have raised concerns with Councillors about animal welfare and the impact of commercial harvesting on local kangaroo populations.  Kangaroo control is managed entirely by the State Government. through the Authority to Control Wildlife (ATCW) process and the 2024-2028 Kangaroo Harvesting Program (KHP).

This matter was presented to a Councillor Forum in October 2023. Since this time, several peri-urban Councils, including Nillumbik, Mornington Peninsula and Mount Alexander Shire Councils, have advocated for their removal from the commercial harvesting program.

Recently State Government’s 2024-2028 Kangaroo Harvest Management Plan has redrawn the harvest zones removing other peri-urban areas from commercial harvesting. Yarra Ranges Council has not been excluded, instead shifting into the Gippsland Harvest Zone, with the implications of this change unclear, especially relating to Yarra Ranges Dandenong’s region which is stated as excluded from the harvesting zone.

Locally evidence received by Council suggests that there has been limited uptake of the harvesting program to date.

The protection of kangaroos and their habitat locally is guided by endorsed Council strategies, including the Environment Strategy 2015-2025 and the Nature Plan 2024-2034.

Cr Child left the meeting at 7:49pm prior to consideration of the item, having declared a conflict of interest in this item.

In accordance with Governance Rule 58, Peter Preuss spoke in support of the recommendation included in the report.

Cr Cox moved, and Cr Heenan seconded the motion as printed in the agenda.

The Deputy Mayor called for the meeting to be adjourned at 8.28pm.

The meeting resumed at 8.35pm with all Councillors present.

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

In Favour:      Cr Mcilwain, Cr Marriott, Cr Higgins, Cr Mazzarella.

Against:         Cr Cox, Cr Ward, Cr Heenan, Cr McAllister

The motion was Carried as Cr Higgins as the Chair must exercise the casting vote.

DIVISION

Cr McAllister called for a division.

In Favour:      Cr Mcilwain, Cr Marriott, Cr Higgins, Cr Mazzarella

Against:         Cr Cox, Cr Ward, Cr Heenan, Cr McAllister

Absent:          Cr Child

The motion was Carried as Cr Higgins as the Chair must exercise the casting vote.

Cr Child returned the meeting at 8:40pm following debate and a vote being taken.

Cr Heenan left the meeting at 8.41pm and returned to the meeting at 8.43pm.

12.1                Yarra Glen and District History Group

Cr McAllister noted the Yarra Glen and District History Group will cease operation in May 2025. Cr McAllister thanked the past and present members of the group for the years of dedicated work capturing the history of the region. Cr McAllister requested a letter of appreciation be signed by the Mayor.

12.2                Flooding at Woods Point Road, Warburton

Cr Child raised the flooding issues at Woods Point Road Warburton and requested more responsive outcomes from Department of Transport and Planning. Cr Child noted he will be putting forward a MAV Motion and a letter under signature to the Minister. Cr Child thanked Cr Mcilwain for bringing attention to similar issues in Lyster Ward.

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.

SUMMARY

It is requested that the following document be signed and sealed:

1)         Letter Under Seal – Ken White

A letter under seal has been prepared in recognition of Ken White who has retired after 33 years of service with Yarra Ranges Council, working most recently as a Special Charge Scheme Officer.

2)         Letter Under Seal – Karen Roberts

A letter under seal has been prepared in recognition of Karen Roberts who is retiring after 21 years of service with Yarra Ranges Council, working most recently as a Front of House Officer.

In accordance with Governance Rule 29.1, Cr Child and Cr McAllister spoke to the Motion.

In Favour:     Cr Heenan, Cr Higgins, Cr Ward, Cr Mcilwain, Cr Mazzarella, Cr Child, Cr McAllister, Cr Marriott and Cr Cox.

Against:    Nil

In Favour:      Cr Heenan, Cr Higgins, Cr Ward, Cr Mcilwain, Cr Mazzarella, Cr Child, Cr McAllister, Cr Marriott and Cr Cox.

Against:          Nil

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 were no Urgent Business listed on the agenda 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.