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.

There were no disclosures of conflicts of interest made for this meeting.

Tiny Homes Questions and Submissions

Over recent months, Council has received numerous Questions to Council and Submission requests regarding Tiny Homes, sometimes referred to as Tiny Homes on Wheels.

We have also received community inquiries outside of the Council meeting process and I'm aware that Council Officers have undertaken significant work on this matter and take these requests seriously. In accordance with our Governance Rules, public questions have been publicly addressed.

However, to ensure our Council meetings remain focused, efficient, and productive across all community matters, I wish to advise that following tonight’s Council meeting future Questions to Council and Submissions relating to Tiny Homes will no longer be accepted during public Council meetings.

I fully acknowledge that this is a complex issue, and that many community members feel strongly about it. However, the matter has been comprehensively addressed in previous Council meetings. Furthermore, Council's Governance rules stipulate that Questions to Council and Submission that have previously received answers maybe disallowed in future meetings.

For those seeking further information, updates, or clarification on Tiny Homes, I encourage you to visit Council’s newly launched dedicated webpage, which provides detailed guidance and answers to frequently asked questions.

Any future inquiries on this topic will now be treated as general correspondence, in line with Council’s Customer Charter.

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

Cadi-Lee Beach of Warburton asked;

What is it about Yarra Ranges Council green wedge policy that prevents the use of tiny homes & caravans in the current Housing Crisis?

What is required by YRC to enable people to use tiny homes & caravans in this crisis?

Director Planning and Sustainable Futures, Kath McClusky

Thanks for your question, Katie Lee, and in light of the Mayor's announcement earlier, please bear with me, this response is a little bit long but hopefully provides some clarity to Community.

In December 2023, the State Government introduced the definition of Small Second Dwellings, which includes tiny homes, caravans, and mobile homes, into all planning schemes to support alternative housing options.

In rural zones, including the Green Wedge Zone and Rural Conservation Zone, a small second dwelling is allowed, but must have a planning permit.  In these zones, an owner can apply for a planning permit, provided it meets specific criteria including being under 60 square metres.  Part of Council assessment against the planning scheme will be any environmental risks to an occupant such as fire, flood or landslip. If the land is vacant, a planning permit will be required.

In residential urban areas, the rules are different, and a planning permit may not be required, provided there are no other planning overlays on the property.

Additionally, a separate building permit may be needed, depending on the structure. Our Municipal Building Surveyor has determined that certain types of tiny homes and ancillary structures do require building approval. These decisions are made independently from Council and can only be reviewed through the Building Appeals Board or by providing further technical information.  Neither Council or the Executive Team have the authority to override a Municipal Building Surveyor decision, only the State Building Surveyor or the Building Appeals Board can.

The rules that govern the placement and use of Small Second Dwellings are set by the State Government and apply across all Victorian councils.  The rules are embedded in the Yarra Ranges Planning Scheme, and the Building Regulations. Yarra Ranges Council cannot change these planning or building requirements nor does Council have flexibility in how they are applied.

We do understand the issues confronting our community and we are actively listening. At our last Council meeting, we committed to reviewing our Local Law, including how it relates to temporary accommodation.

This won't resolve all issues, and it won't remove the need for building and planning controls, but it will bring greater clarification in relation to the length of temporary accommodation.

As previously stated, it is important to note that a Local Law cannot override State planning or building regulations.

We understand the complexity of the housing situation in Yarra Ranges and are committed to advocating for clearer guidance. Council continues to engage with the Minister for Planning and the State Building  ...  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 general petition be received:

General Petition

1.         Wildlife Fatalities along Wellington Road

Request that Council advocate to the Department of Transport and Planning (DTP) to help reduce the incidents of wildlife fatalities along Wellington Road.

103 valid signatures.

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

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

Cr Heenan requested an amendment to the recommendation and sought the agreement of the original mover and seconder. The mover and seconder did agree to the request.

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

Against:       Nil

SUMMARY

The Municipal Association of Victoria (MAV) will hold the next biannual State Council meeting on Friday 10 October 2025. The MAV has called for councils to submit proposed motions of importance to the local government sector in Victoria, to be considered at the meeting. If supported by the member councils, motions become resolutions, informing advocacy and policy positions of the MAV.

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

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

Against:       Nil

SUMMARY

Yarra Ranges provides a variety of public open spaces, which accommodate numerous functions including dog off-leash areas. Dog off-leash areas offer flexible opportunities for physical activity, social connections and practising of responsible dog ownership. Providing dog off-leash areas can at times present challenges. These include conflicting uses of public open space, issues with dog and owner behaviour, health and amenity concerns such as animal waste, and the financial burden on Council to build, maintain, and renew a network of such facilities. Council has not previously had a plan governing these spaces.

The draft People and Dogs in Parks Plan 2025 responds to these opportunities and issues. It outlines standards for the provision, development, and management of dog off-leash areas across the municipality over the next 10 years. The draft Plan is informed by industry practice and extensive community input, specific to a Yarra Ranges’ context.  

The draft Plan establishes principles for dog off-leash areas to inform specific locations and a hierarchy (Local or District level) for each dog off-leash area. It also considers where fully enclosed sites may be provided. The Plan includes a preliminary list of where Local, District or District fully enclosed areas are proposed.

Initial community engagement was undertaken between 11 July – 13 August 2024, to understand issues and opportunities concerning dog off-leash areas in the municipality to assist in shaping the draft plan. It is proposed that the community be further consulted on the principles, the level of service outlined in the Plan, and the proposed locations and hierarchy for each dog off-leash area.

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

In Favour:    Cr Child, Cr Higgins, Cr Cox. Cr Heenan, Cr Marriott,
Cr Mazzarella, Cr McAllister, 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 next stage of Victoria Road, Coldstream Road Rehabilitation works.

Victoria Road, Coldstream (Kingsburgh Lane to Flowerfield Drive) is listed under the Roads Rehabilitation & Renewal Program within the Yarra Ranges Council Capital Expenditure Program with an allocated funding from the Federal Roads to Recovery Program of $2,080,000.00. There are subsequent stages of Victoria Road, Coldstream Road Rehabilitation works still to be funded from this budget allocation later in the financial year. 

The evaluation panel recommends the tender from TDM Earthworks Pty Ltd be accepted for a lump sum contract amount of $877,387.40 GST exclusive and inclusive of provisional items ($965,126.14 GST inclusive). 

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

In Favour:    Cr Child, Cr Higgins, Cr Cox. Cr Heenan, Cr Marriott,
Cr Mazzarella, Cr McAllister, 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 Morrison Reserve Youth Activation & Bike Park– Stage 2, located off Mikado Road, Mount Evelyn VIC 3796.

Council received $2.6 million from the State Government’s Growing Suburbs Fund Program 2023/2024 to activate Morrison Reserve by providing new and engaging social areas for people to play, gather, and recreate in a safe and communal environment.  Following delivery of the upgraded play space (stage 1), this contract will deliver the final stage of the youth precinct activation project, transforming Morrison Reserve into a dynamic and inclusive open space precinct. Works include a multi-level bike trail network, pump track, snake run, youth activation zone(s), DDA compliant access paths, overpass bridges, and landscaping throughout.

The Evaluation Panel recommends accepting the tender from Warrandale Industries for a lump sum contract amount of $1,898,942.95 exclusive of GST.

Subject to contract award, works are anticipated to commence in Q4, 2025 with works expected to reach practical completion by Mid-2026.

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

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

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.

12.1                Ferny Creek CFA

Cr Marriott acknowledged a letter of thanks received from the Sassafras-Ferny Creek CFA for remedial works carried out by Council.

12.2                1000 Cranes Project

Cr Mcilwain provided Council with an update to the 1000 Cranes Project, to mark the 80th anniversary of bombings of Hiroshima and Nagasaki.

12.3                Lyrebird Collage Multipurpose Space

Cr McAllister attended the opening of the Lyrebird Collage Multipurpose Space in Coldstream and encouraged other Councillors to visit the school. Cr McAllister also noted the school is investigating a new site for an Adult Centre.

12.4                Homelessness

Cr McAllister requested that Council make visible to the Community the work that it is being undertaken supporting homelessness, in particular the advocacy to the State Government, funding for emergency relief and Planning advocacy.

12.5                Homelessness

Cr Heenan noted the positive change and greater emphasis on homelessness in his time as a Councillor. Cr Heenan also noted some contributing factors to the higher rates of homelessness including changes in the rental market, covid, change in employment opportunities and the rise in domestic violence.

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 Governance Rule 29.1, Cr McAllister spoke to the Motion.

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