Agenda and minutes

The Major read the following statement:

At the last Council meeting I mentioned the wonderful Paralympics and I'm thrilled that members from our community have been a part of this event with Australia taking home a total of 18 gold, 17 silver and 28 bronze medals - placing us ninth on the medal tally.

I'd like to mention our two Paralympians -

•           Bridget Murphy from Healesville

•           AJ Jennings from Macclesfield

Bridget along with her horse Macey made their way to the Paris 2024 Paralympics where took part in the equestrian event. A horse lover and rider her whole life, Bridget was fully focused and committed to making her dream of representing Australia come true.

Meanwhile AJ Jennings was initially a canoeist. She represented Australia in the 2016 Paralympics in Rio where she came home with a silver medal. She went on to the Tokyo Games in 2020 again in canoeing only to suffer injuries which led to a change in sport.

During rehabilitation she still had that fire to compete and went to a come and try day run by Archery Australia and fell in love with the sport. She represented Australia in Paris this time in archery.

In the games, we saw world-class performances from people at the height of their trainings and they are an inspiration to us all.

And while our two Paralympians did not secure any medals, they have certainly made their way into our hearts by showing the commitment and strength it needs to represent our country at the highest level.

Well done to Bridget and AJ.

In Favour:   Cr Heenan, Cr Higgins, Cr Eastham, Cr Todorov, Cr Child,
Cr McAllister, Cr Fullagar and Cr Cox.

Against:       Nil

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.

Cr Cox left the meeting at 7.07pm and returned to the meeting at 7.09pm.

QUESTION 1

Anonymous asked;

I refer to the property that has been sighted by Council and is covered in wild blackberries, noxious non-native vegetation and increased vermin, etc. You have stated that the properties sighted is in bad need of attention and was/is a mess, what measures or actions have you taken to enforce council local amenities laws 12.6 (unsightly) to enforce these notices in and around Lilydale.

Will notices be issued if not why, not?

Leanne Hurst, Director Communities.

Thank you for your question regarding the enforcement of the Neighbourhood Amenity local laws for a property in Lilydale. 

In relation to the specific property referenced, I can confirm that the matter has been referred to and assessed by Council officers. Council Officers will also contact you to provide a more detailed answer.

We appreciate your concern and will continue to prioritise the maintenance of safe and healthy environments for our community.

The local law sets out specific regulations for the management of environmental weeds on properties that are 20,000 square meters or less. If a property exceeds this size, any concerns require referral to the Department of Energy, Environment and Climate Action (DEECA) for further investigation and management.

For completeness, if a property falls within Council’s jurisdiction and environmental or noxious weeds are identified, the Community Safety team conducts investigations and, where necessary, issues notices and takes enforcement action.

QUESTION 2

Michelle de Lima of Lilydale asked;

In relation to the Stormwater Management Plan Item 10.3 on the Agenda
10 September 2024; question is in two parts

1. What date were the Flood Catchment Prioritisation Maps completed that are referred to in Appendix D?

and

2. What date were each of the Catchment Area Maps completed from p324-373?

Hjalmar Philipp, Director Built Environment and Infrastructure

Thank you for your Question Michelle.

The individual catchment scale Flood Catchment Maps, referred to in Appendix D, were initially developed in November 2023.

Following the adoption of the Housing Strategy by Council on 11 June 2024, the Catchment Area Maps, including those from pages 324-373, were updated to reflect the housing strategy zoning changes and are presented in today’s Council meeting papers.

Detailed commentary on these maps, including their purpose, process consultation and timing of updates are included in the report on this item tonight.

SUBMISSIONS TO COUNCIL

There were no Submissions presented at 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.

SUMMARY

The following petition be received:

General Petition

1.         That members of Montrose and District Men’s Shed request that the Yarra Ranges Council investigate the siting of a new shed for Montrose and District Men’s Shed within the Montrose Recreation Reserve.

14 valid signatures.

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

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

In Favour:   Cr Heenan, Cr Higgins, Cr Eastham, Cr Todorov, Cr Child,
Cr McAllister, Cr Fullagar and Cr Cox.

Against:       Nil

In accordance with Chapter 3, Rule 46 of the Governance Rules, the Mayor called for a motion to alter the order of business.

In Favour:   Cr Heenan, Cr Higgins, Cr Eastham, Cr Todorov, Cr Child,
Cr McAllister, Cr Fullagar and Cr Cox.

Against:       Nil

SUMMARY

The application seeks permission for buildings and works to extend the existing ground floor shops, construct a new first floor addition above the shops, to be used as a restaurant, and seven triple storey dwellings at the rear of the land. A reduction in car parking and bicycle parking is sought as well as removal of non-native trees.

The application was advertised, and 40 objections have been received and letter of support. Objector concerns relate primarily to the built form and height of the building, out of character with the township, vegetation removal and impacts to car parking and amenity.

Overall, it is considered that on balance the proposal will not have a detrimental impact on the character and amenity of the area and is consistent with character of Healesville as protected by the Design and Development Overlay, the Heritage Overlay and the planning policy framework.

The design, through appropriate conditions, allows for the protection and retention of two of the five large trees at the rear of the site and the protection of third party trees on adjoining land.

The proposal provides a site responsive retail and residential development in the activity centre. The design, form and height of the development is responsive to Healesville’s rural township heritage character. The overall height of the building will present similar in scale to that of other buildings along the main street of Healesville.

The proposal will not impact detrimentally upon the amenity of nearby dwellings and provides sensitively designed interfaces to these dwellings that is to be further enhanced by permit conditions.

The applicant has provided appropriate justification for the wavier of some car parking requirements, as required under the Planning Scheme. The proposal provides sufficient car parking on site for business staff and future residents of the dwellings. 

The proposal responds to the site context and meets relevant clauses of the Planning Scheme, as they relate to development.

The proposal is consistent with broad policy intent to focus redevelopment in identified activity centres and will result in net community benefit.

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

In accordance with Governance Rule 58, Wayne Bird spoke in support to the recommendation included in the officer report.

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

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

SUMMARY

This report presents to Council the first annual report for Your Library Limited since transitioning from Eastern Regional Libraries in June/July of 2023. Your Library Limited supports the three Councils of Yarra Ranges, Maroondah and Knox in provision of library services.

2023-24 has been a complex year that included managing the transition and the tragic loss of their CEO, Joseph Cullen.  Despite these hardships Your Library Limited has undertaken a significant body of work supporting education, literacy and connection of the Yarra Ranges communities as well as strengthening its financial position.

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

In Favour:   Cr Heenan, Cr Higgins, Cr Eastham, Cr Todorov, Cr Child,
Cr McAllister, Cr Fullagar and Cr Cox.

Against:       Nil

SUMMARY

The Stormwater Policy and Stormwater Management Plan 2024-2034 (SWMP) are designed to strategically manage flood risks while protecting and maintaining the natural water cycle and the health of waterways. These documents establish a framework and action plan to guide the Council in planning for future growth and implementing sustainable stormwater management practices within the municipality.

On 11 June 2024, Council resolved to release the draft documents for a six-week community engagement period, which took place from 12 June 2024 to 24 July 2024.

An objection to the Stormwater Management Plan was received at the Council Meeting on 27^th August 2024.

The objection centred on two key concerns – that all information, specifically Appendix D and E, was not available on Shaping Yarra Ranges during the engagement period to help inform community input, and that the documents were referencing data from the previous Housing Strategy 2009, with the perception being that the data referenced was outdated. 

In accordance with Council’s Community Engagement Policy 2024-2028, which states ‘participants taking part in community engagement must have access to objective, relevant, and timely information to inform their participation’, all necessary information to facilitate informed community engagement on the SWMP was made available throughout the six-week consultation period.

In relation to the objection that Appendix D and E were not included on the Shaping Yarra Ranges page during the consultation period:

·                Appendix D is a “zoomed in” map of each individual catchment shown as an overall map in the draft SWMP on exhibition.  An example of such a map was also included in the draft report that was available at the Community Drop-In session on 3^rd July 2024 where one on one conversations were held with members of the Stormwater Management team and other key stakeholders.

·                Appendix E is a tabulation of the data shown on the Appendix D maps.  An example of such a tabulation was included in the draft report that was on exhibition and available at the Community Drop-In sessions as referenced above.

The prioritisation framework informing the SWMP is needed to help prioritise catchments requiring flood modelling due to the high cost of modelling each individual catchment and the need to spread the modelling work over many years.

The approach to determining prioritisation, key input criteria, and importantly, the results, were contained in the body of the SWMP (in particular Figure 7.4), together with Appendices B and C, and this information was also included on Shaping Yarra Ranges throughout the engagement period.

Objective data, such as housing density and level of imperviousness, was also used to help inform the prioritisation approach.  The Draft Stormwater Management Plan (SWMP) was released for public consultation on the same day as the adoption of the Yarra Ranges Housing Strategy 2024. As such, data from the Housing Strategy 2009 was initially referenced within the SWMP, which was consulted with the community. With the Yarra Ranges Housing Strategy 2024 since being adopted by Council, the SWMP has been refreshed to incorporate the latest housing  ...  view the full minutes text for item 10.3

SUMMARY

This report presents a framework for the management of Council’s unsealed road network. Guidance in the document is based on three key objectives:

·                Optimal Maintenance

·                Effective Asset Management

·                Effective investment planning

The framework will support communication with community in relation to the scope and scale of unsealed roads as well as Council’s role and approach to its management. 

The framework complements Council’s existing Road Management Plan required under legislation. 

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

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

In Favour:   Cr Heenan, Cr Higgins, Cr Eastham, Cr Todorov, Cr Child,
Cr McAllister, Cr Fullagar and Cr Cox.

Against:       Nil

In Favour:   Cr Heenan, Cr Higgins, Cr Eastham, Cr Todorov, Cr Child,
Cr McAllister, Cr Fullagar and Cr Cox.

Against:       Nil

SUMMARY

Council at its meeting on 14 June 2022 considered a report relating to the proposed construction of Campbell Road, Crosley Street and Pilmer Road, Healesville and resolved to declare a special charge in accordance with the provisions of Section 163 of the Local Government Act 1989.

The construction of Crosley Street will help address road maintenance, dust and stormwater runoff issues which otherwise Council will be asked to consider at its cost, if the project does not proceed.

In March 2021, 81% of landowners responded in support of the scheme.

However, after the Declaration of the Special Charge and the VCAT appeals period had lapsed, a joint letter signed by various landowners in Crosley Street was received, raising objection to the inclusion of Crosley Street in the Special Charge Scheme.

In response (and outside of the legislated process), an additional survey of residents’ support was undertaken to determine the extent of shift in support. 

Landowners in Crosley Street only, were surveyed in October/November 2022 to gauge support for the Special Charge Scheme. The result was a slight majority of landowners did not support construction of the road (6 of 11).

It is recommended the scheme continues as declared in June 2022 and that Crosley Street remains as part of the Special Charge Scheme, on the basis that:

·                The significant majority of landowners across the group of roads were in support of the Special Charge Scheme,

·                The additional survey being conducted outside the SCS process, post declaration under section 163 of the Local Government Act and post VCAT appeals period, and

·                Rescinding a Scheme declared by Council under section 163 of the Local Government Act would undermine the robustness/legitimacy of future SCS decisions by Council,

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

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

SUMMARY

Public infrastructure and open space play a significant role in the social and cultural heritage of the Yarra Ranges. The significance these hold for residents and visitors results in many requests for the placement of commemorative plaques and memorials every year.

While Council understands the desire to commemorate individuals in a tangible way in spaces that connect people to their memory, too many plaques and memorials in our open space risks diluting the very essence that draws us to these natural landscapes.

Therefore, as we consider new applications for memorials, we must carefully consider the balance between the desire to commemorate events or individuals and the intended purpose and on-going enjoyment of the unique natural environment of the Yarra Ranges and uncluttered public space.

As a result, the draft Plaques and Memorials Policy has been developed to help guide decision making where requests for plaques and memorials are received by Council.

After feedback from Councillors and the Community following the Council Meeting on 27 August 2024 where a decision on the Policy was deferred, a number of changes have been made to the Policy.

Notably, Council has commenced work on a comprehensive Heritage Strategy which, at this stage is expected to be completed in mid-2025. Any findings from the Heritage Strategy relevant to this document will result in a Policy review and updating. 

Feedback received and changes made are tabulated below.

SUMMARY

This report summarises the evaluation process taken and seeks Council approval for the installation of new pool liners to the three swimming pools at the Yarra centre. An advertisement requesting tenders was placed in The Age newspaper on Saturday 18^th May 2024 and three (3) tenders were received. The recommendation in this report has been formally endorsed by the tender evaluation panel.

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

In Favour:   Cr Heenan, Cr Higgins, Cr Eastham, Cr Todorov, Cr Child,
Cr McAllister, Cr Fullagar 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.

There were no Councillor motions listed on the agenda for this meeting.

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

Cr Fullagar

-           Attended the Your Library Board meeting held on 29 August 2024 and
5 September 2024 at the Your Library Administration Building, Scoresby. The meetings were also attended by Cr Child.

Cr Todorov

-           Attended the Health and Wellbeing Committee held on 7 September 2024 at the Yarra Ranges Council Civic Centre. The meeting was also attended by Cr Fullagar.

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 Favour:   Cr Heenan, Cr Higgins, Cr Eastham, Cr Todorov, Cr Child,
Cr McAllister, Cr Fullagar 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 Governance Rule 29.1, Cr Todorov spoke to the Motion.

In Favour:   Cr Heenan, Cr Higgins, Cr Eastham, Cr Todorov, Cr Child,
Cr McAllister, Cr Fullagar and Cr Cox.

Against:       Nil