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 Mazzarella declared a general interest in respect of Item 10.1. A written notice was supplied to the Chief Executive Officer under Governance Rules Chapter 7 Sub-Rule 3.1b.

Cr Cox declared a general interest in respect of Item 10.1. A written notice was supplied to the Chief Executive Officer under Governance Rules Chapter 7 Sub-Rule 3.1b.

Mrs Rosslyn Barber

The Mayor acknowledged the 100^th birthday of Mrs Rosslyn Barber, of Launching Place. The Mayor noted that he will be sending a letter of congratulation to Mrs Barber under the Mayoral signature.

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

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.

QUESTION TO COUNCIL

QUESTION 1

Ivor Wolstencroft of Warburton asked;

Does the Yarra Ranges Council foresee any implications from a recent Supreme Court Decision in Queensland?

On the 15th August 2025 an injunction was granted against action proposed by Moreton Bay Regional Council where the council has wanted to evict the homeless living rough without due regard for their human rights.

Director Communities, Leanne Hurst

Thank you for your question, Ivor.

No. Council does not see any direct implications from the recent Queensland Supreme Court decision highlighted in your question.

Council works closely with the Department of Health and Human Services and local service providers to ensure that people who are experiencing homelessness are connected to the supports they require, and their welfare is protected while taking into consideration Council’s community safety obligations.

Council also continues to advocate for increased investment into these essential services to support people experiencing homelessness.

SUBMISSION 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.

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 seeks approval to undertake internal alterations to expand the supermarket by 1039 square metres, and to extend the building to the rear by 300 square metres, reduce car parking by 53 car spaces, provide four (4) click and collect (loading) car spaces for the supermarket and signage.

The application has been advertised and at the time of writing this report fifty-four (54) objections have been received. Objector concerns primarily relate to the lack of consultation with the community, loss of individual shop tenancy, loss of internal common space, insufficient car parking and insufficient accessible car parking.

An assessment of the application against the requirements of the Yarra Ranges Planning Scheme, including the relevant planning policies has found that the application meets the requirements in relation to commercial development. The development meets the Municipal Planning Strategy, Planning Policy Framework, Zone, Overlay and provisions of the Scheme. The proposal has demonstrated that there is sufficient car parking provided on site and on surrounding public roads to meet the statutory parking demand. Overall, the proposal positively responds to the opportunities and constraints of the site and contributes to Yarra Junctions urban character.

It is recommended that the application be approved, and a Notice of Decision to Grant a Permit, subject to conditions contained in Attachment 1, be issued.

Cr Mazzarella and Cr Cox left the meeting at 7:10pm, prior to consideration of the item, having declared a conflict of interest in this item.

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

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

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

In Favour:    Cr Child, Cr Heenan, Cr Marriott, Cr Mcilwain and Cr Ward

Against:       Nil

Cr Mazzarella and Cr Cox returned to the meeting at 7.46pm following debate and a vote being taken.

SUMMARY

This report presents the Yarra Ranges Council Plan 2025-2029 (Attachment One and Two) for Council’s formal consideration.

Over the past 18-months Council has undertaken extensive engagement with our community, as well as collaboration between Councillors, and with relevant stakeholders to develop the Yarra Ranges Council Plan for the next four years.

This Council Plan sets out the medium-term direction for Council and a positive vision for the future of Yarra Ranges.  It reaffirms the Yarra Ranges long term Community Vision and meets the obligations under the Local Government Act 2020.

A Council Annual Action Plan has also been produced to be released alongside the Council Plan.

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

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

Against:       Nil

SUMMARY

The 2024-2025 Yarra Ranges Council Annual Report (Annual Report) is presented to Council for approval.

The Annual Report has three components:

1.         Annual Report of Operations (Attachment One)

2.         Annual Financial Statements (Attachment Two)

3.         Performance Statement (Attachment Three)

As 30 June 2025 marks the end of the Yarra Ranges Council 2021-2025 Council Plan. Council Officers have prepared a 2021-2025 Council Plan Completion Report (Attachment 4).

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

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

Against:       Nil

SUMMARY

This purpose of this report is to highlight the financial pressure remedial works place on operating cash flow when an extreme weather event occurs within the municipality.

Council has a responsibility to undertake remedial works in a timely manner to ensure the safety of the local community and mitigate risks. The works can vary broadly in nature and scope placing immense pressure on cash flow as they are unexpected costs.

There is financial support provided (in certain instances) from other levels of Government to assist in responding to extreme weather events, this support does not cover the entire costs incurred. However, the delay in receiving the financial support places extreme pressure on the operating cash flow of Council.

Currently, this financial pressure experienced when an extreme weather event occurs has been compounded by a combination of changes in financial landscape, including: a reduction in grant funding, delay in the collection of rates generated and cost volatility in materials and services. These changes have reduced the operating cash held making it difficult to accommodate unexpected financial costs.

When considering the above in the context of managing operating cashflow, a prudent mechanism to assist in responding to extreme weather events is the ability to access an overdraft facility when required for the short term.

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

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

Against:       Nil

SUMMARY

This report presents the Yarra Ranges Council Plan Long Term Financial Plan (LTFP) 2025-2035 (attachment one) for Council’s consideration.

Over the past 18-months Council has undertaken extensive engagement with our community to develop the Yarra Ranges Council LTFP for the next ten years.

The LTFP demonstrates Council's financial sustainability to fund the aspirations of the Community Vision, the Council Plan and support the Asset Plan.

The LTFP has been prepared in compliance with the Act, and the Department of Jobs, Precincts and Regions Financial Plan Better Practice Guide and Model sets out the long-term direction for Council and a positive vision for the future of Yarra Ranges. 

It meets Council’s obligations under the Local Government Act 2020.

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

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

Against:       Nil

SUMMARY

Under the?Public Health and Wellbeing Act?2008?(the Act), councils must prepare a Municipal Public Health and Wellbeing Plan (MPHWP) every four years, within 12 months of a general council election. The proposed Health and Wellbeing Strategy 2025-2029 (the Strategy) meets these requirements and is ready for Council endorsement. The Strategy (Attachment One) is due to the Department of Health 26 October 2025.

In July 2025, Council endorsed the Draft Health and Wellbeing Strategy 2025-2029 for public exhibition. The Community Engagement Report (Attachment Two) highlights feedback received from the two phases (eight weeks) of community engagement. Both internal and external consultation showed strong support for the Strategy, the four focus areas, advocacy priorities and strategic actions.

This report is seeking Councillor adoption of the Health and Wellbeing Strategy 2025-2029 Final Draft (Attachment One) and Community Engagement Report (Attachment Two) ensuring Council meets its legislative deadline.

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

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

Against:       Nil

SUMMARY

This report submits the Yarra Ranges Council Asset Plan 2025-2035 (Attachment One) for Council’s formal consideration.

The Yarra Ranges Council Asset Plan 2025-2035 includes information about the maintenance, renewal, acquisition, expansion, upgrade, disposal and decommissioning in relation to each class of infrastructure asset under the control of the Council. All councils are required, under the Local Government Act 2020, to produce and adopt an Asset Plan every four years.

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

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

Against:       Nil

SUMMARY

The Paths and Trails Plan 2025-2035 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 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 links to paths and trails.

The draft plan was available for community consultation 25 June 2025 to 8 August 2025. 70% of contributors expressed support for the vision outlined in the plan, highlighting strong community alignment with its goals. The remaining 30% of respondents indicated lower satisfaction, citing concerns such as missing links and level crossings, safety issues, and limited walkability within townships.

The development of the Plan is being partially funded through a grant received from Sport and Recreation Victoria in 2015-16.

Implementation of the plan is currently unfunded and estimated to cost $55M over ten years All projects in the plan are subject to grant opportunities and annual budget processes. The plan provides a priority order for project consideration and the assessment matrix developed as part of the plan allows new projects and requests to be assessed against an agreed criteria during this time.

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

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

Against:       Nil

SUMMARY

This report summarises the evaluation process and seeks Council approval for the award of the contract for the Construction of the CT7845 Seville Recreation Reserve Community Pavilion at Seville Recreation Reserve, 20-28 Monbulk-Seville Road Seville 3139.

The Seville Recreation Reserve Community Pavilion project involves the construction of a modern, multipurpose community facility designed to serve as a central hub for local sporting and community groups including the Seville Neighbourhood House. The new double-storey pavilion will offer DDA-compliant access, upgraded amenities, and fully fitted community spaces to support meetings, social gatherings, study, hobbies, events, and recreational activities. The existing pavilion will be demolished as part of the works.

The project is being funded from a $5M grant from Sport and Recreation Victoria, along with contributions from Council and sporting clubs.

The Evaluation Panel recommends accepting the tender from McColl Smith Projects Pty Ltd for a lump sum contract amount of $5,441,190.00 exclusive of GST, inclusive of tender options and provisional sums.

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

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

Against:       Nil

SUMMARY

This report summarises the evaluation process and seeks Council approval for the award of the contract for CT7817 Provision of Cleaning Services to Buildings, Public Conveniences and Barbeques.

CT7817 Provision of Cleaning Services to Buildings, Public Conveniences and Barbeques has been through a public EOI process, followed by a request for tender process from those companies successfully shortlisted through the EOI process. The contract is proposed for an initial term of 3 years and 9 months, with two available extension options, each of up to 3 years.

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

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

Against:       Nil

SUMMARY

In response to a petition from residents in July 2020, landowners along Arthurs Road, Chum Creek were surveyed to determine the level of support for a landowner funded Special Charge Scheme to construct the road.

As a result of the significant level of support received from these landowners, the road construction project was referred for inclusion in Council’s forward 10-year Capital Expenditure program (CEP) in January 2022.

Detailed design and planning for the project have been completed, including the establishment of drainage easements and the project is currently listed in the 2025/26 CEP 

This project was generated through a petition from landowners (separate to the Roads for Community Initiative Program).  It was investigated and gained landowner support when the RCI program was operating between September 2019 and January 2023.

These projects were not part of the RCI program, the landowner contribution was un-capped, and the $7,000 landowner cap (related to RCI) did not apply. Council generally ended up contributing 20 to 40% for these small rural type projects due to increased costs of construction.

This report recommends affected landowners be notified of Council’s Intent to Levy a Special Charge Scheme for the construction of Arthurs Road, Chum Creek.

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

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    Mooroolbark Community Garden Plants Removed and Damaged

Cr Mazzarella informed Councillors of the removal and damage to over 150 trees caused by intruders at the Mooroolbark Community Garden. The committee and volunteers of the garden have been left devastated after the senseless destruction and theft. Cr Mazzarella recommended that community read the Star Mail article to fully understand the incident.

12.2    Cr Mazzarella Listening Post

Cr Mazzarella informed Councillors he would be conducting a Listening Post on 15 October 2025 at the Mooroolbark Community House, Mooroolbark.

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 was requested that the following documents be signed and sealed:

1.         Retirement Letter under Council Seal - Steve Darwall

A letter under seal has been prepared in recognition of Steve Darwall who is retiring after 24 years of service with Yarra Ranges Council, working most recently in the role of Tree Inspection Officer.

2.         Rosella Road, Wesburn Native Vegetation Offset - Landowner Agreement

For establishment of a native vegetation offset site at the Rosella Road land parcel as part of securing offsets for the Warburton Mountain Bike Destination Project.

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

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

Against:       Nil

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

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.