Agenda and draft 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 McAllister declared a general interest in respect of Item 10.3. 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 McAllister, Cr Ward, Cr Heenan, Cr Higgins, Cr Mcilwain,
Cr Mazzarella, 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

Ivor Wolstencroft of Warburton asked;

Our nights are cold. We have a housing crisis. A warm caravan option has been proposed by Barrister Arnold Dix. Does the Shire of Yarra Ranges Council want to draft and pass this resolution?

If there is a will, there will be a way, I think is central to some of Arnold Dix's approach to life.

I believe Arnold Dix has proposed a solution that could potentially benefit thousands of those "on the edge" in our shire.

Director Planning and Sustainable Futures, Kath McClusky

Thank you for your Question Ivor.

Council recognises the severity of the housing crisis and the growing interest in alternative housing options such as tiny homes, caravans, and mobile dwellings. We understand their potential to provide more affordable accommodation in Yarra Ranges and beyond.

The Yarra Ranges Neighbourhood Amenity Local Law 2020 does not prohibit the occupation of caravans on private property. It does prohibit occupants of caravans on private land from being a nuisance. However, it is subordinate legislation to planning and building legislation. Simply put that means the planning and building legislation overrides the amenity of local law.

Current Victorian planning and building legislation does not allow these structures to be used as permanent dwellings unless they meet strict requirements - typically needing both a building permit and, in many cases, a planning permit. There is no legal definition of “temporary” use in either the planning or building regulations, meaning any structure used as a home is subject to these laws. 

This is a challenge across Victoria.  Council has been actively advocating for the State Government to take the lead to address this. We recently submitted and passed Motion 30 at the MAV State Conference, calling for the State Government to clarify legislation around tiny homes and similar options as legal alternate solutions in the right areas with the appropriate services. We’ve also written to the State Building Surveyor and Minister for Planning, urging each department to consider changes that would allow these housing types to be legally used as permanent dwellings in appropriate circumstances. Whilst we will continue this advocacy, we are also exploring whether there is any other option in the absence of the State changing the planning and building controls.

Until State legislation changes, Council is unable to permit these structures as homes unless they comply with current legislation and regulations, and there is no immediate alternative to legislative reform.

We remain committed to advocating for more flexible and affordable housing solutions.

SUBMISSIONS TO COUNCIL

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.

SUMMARY

The following petitions be received:

General Petition

1.         Request Yarra Ranges Council to remove reflector poles along Fairhaven Rd, Mount Dandenong.

8 valid signatures.

2.         Request Yarra Ranges Council to introduce a Special Charge Scheme for Sealing of Gallemonda Park Road Menzies Creek, from Ridge Road entrance into Jackson Hill Road.

34 valid signatures.

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

Cr Higgins moved an amended motion to that printed in the agenda.

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

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

Against:          Nil

SUMMARY

The Eastern Region Group of Councils (ERG) is a collaborative network of councils proximal to Yarra Ranges Council.

The ERG Strategic Plan for 2025-2029 (Draft) was endorsed by the ERG at its meeting on 16 April 2025.

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

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

Against:          Nil

SUMMARY

This report recommends the appointment of Mr. David Ashmore as the Chair of Council’s Audit and Risk Management Committee (the Committee) for the period 1 July 2025 to 1 August 2027. The length of tenure is reflective of remainder of Mr Ashmore’s current term as an independent member.

Mr Ashmore’s nomination as Chair was unanimously supported by the other independent members.

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

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

Against:          Nil

SUMMARY

The Local Government Act 2020 (the Act) governs the reimbursement of expenses for Councillors and members of a delegated committee. This requires Council to reimburse reasonable, bona fide out-of-pocket expenses incurred while performing their respective roles.

The Yarra Ranges Councillor Expenditure Policy (the Policy) requires all claims for the reimbursement of expenses to be made within three months of the date an expense has been incurred.

Claims submitted that fall outside this three-month period must be considered by Council.

In accordance with the Policy, approval is sought to reimburse out-of-pocket expenses relating to travel, to the value of $1210.32 incurred by Cr McAllister during the period 9 November 2024 through to 26 January 2025.

Cr McAllister left the meeting at 7.29pm prior to consideration of the item, having declared a conflict of interest in this item.

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

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

Against:          Nil

Cr McAllister returned the meeting at 7.31pm following a vote being taken.

SUMMARY

The Local Government Act 2020 (the Act) requires Council to adopt and maintain a policy governing the reimbursement of out-of-pocket expenses that have been reasonably incurred by a Councillor or a member of a delegated committee in the performance of their role, and which are reasonably necessary for them to perform that role.

The existing Councillor Expenditure Policy (the Policy) has been reviewed to align with the new Council term and to ensure the Policy reflects best practice governance.

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

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

Against:          Nil

SUMMARY

The Local Government Act 2020 (the Act) requires all Councillors to observe the Model Councillor Code of Conduct (Model Code of Conduct). The Model Code of Conduct is prescribed the Local Government (Governance and Integrity) Regulations 2020.

In accordance with the Act and the Local Government (Governance and Integrity) Regulations 2020, Council must implement and adopt an Internal Resolution Procedure (IRP), to be observed when dealing with alleged breaches of the Model Councillor Code of Conduct.

An IRP (Attachment 1) has been prepared for Council’s consideration and adoption.

Cr Child joined the meeting joined the meeting at 7.38pm.

Cr Child left the meeting prior to a vote being taken at 7.44pm.

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

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

Against:          Nil

SUMMARY

The Draft Paths and Trails Plan 2025-2035 (Attachment 1) provides guidance for the development of the network of paths and trails in Yarra Ranges with a particular focus on improving health, wellbeing and community connectivity. The Plan considers and builds on the existing Hike and Bike Strategy (2005).

The Draft Paths and Trails Plan 2025-2035 aims to:

·                Identify levels of service for Shared Use and Walking Trails to define construction and maintenance standards.

·                Identify and map Shared Trails and Council owned or maintained Walking Trails in the Yarra Ranges.

·                Identify action areas relating to the future of the paths and trails network.

·                Identify priority of works including upgrades to sections of existing trails, new/improved crossings and addressing missing link to paths and trails.

This report provides Councillors with a summary of the consultation which took place in 2024, an update of the changes made to the draft plan and seeks Council support to release the plan for final community consultation.

In accordance with Governance Rule 29.1, Cr Marriott, Cr Mcilwain, Cr Heenan and Cr Higgins spoke to the Motion.

In Favour:      Cr McAllister, Cr Ward, Cr Heenan, Cr Higgins, Cr Mcilwain,
Cr Mazzarella, 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

The existing guard rail at the intersection of Don Road and Warburton Highway is obstructing safe pedestrian movement.

To address this issue, the guard rail requires modification and/or upgrading to meet current design standards.

As the guard rail is an asset managed by the Department of Transport and Planning (DTP), it is DTP’s responsibility to undertake the necessary upgrades. Council is requesting DTP’s commitment to delivering a solution that ensures safe pedestrian access as a matter of priority.

Cr Child joined the meeting at 7.49pm.

Cr Ward left the meeting at 7.51pm.

Cr Ward returned to the meeting at 7.52pm prior to a vote being taken.

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

Cr Child moved an amended motion to that printed in the agenda.

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

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

Against:          Nil

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

Against:          Nil

12.1                Vale Jocelyn Aytan - Founder of Selby Community House

Cr Mcilwain noted the sad passing of the founder of Selby Community House, Jocelyn Aytan and a deeply cherished member of our community. Cr Mcilwain noted that the Selby Community House is at the heart of the Selby community, and it connects the community in very significant way.

Cr Marriott

-           Attended the Olinda and Mount Dandenong Township Group General Interest Meeting held on 23 June 2025 at the Olinda Community House. The meeting was also attended by Cr Heenan

Cr Cox

-           Attended the Yarra Ranges Council Disability Advisory Committee held on 18 June 2025 at the Yarra Ranges Council Civic Centre.

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 Governance Rule 29.1, Cr Higgins spoke to the Motion.

In Favour:      Cr McAllister, Cr Ward, Cr Heenan, Cr Higgins, Cr Mcilwain,
Cr Mazzarella, 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.

16.1                Emergency Services Volunteers Fund Levy

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

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

Against:          Nil

Cr Child left the Meeting at 8.21pm following the vote.

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.