Agenda and draft minutes

Council Meeting - Tuesday, 9th December, 2025 7.00 pm

Venue: Council Chamber - Civic Centre. View directions

Contact: Andrew Edge 

Note: 636th 

Items
No. Item

5.

DISCLOSURE OF CONFLICTS OF INTEREST pdf icon PDF 66 KB

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.

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.

 

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

6.

MAYORAL ANNOUNCEMENTS pdf icon PDF 27 KB

Minutes:

16 Days of Activation

The Chief Executive Officer, Tammi Rose, noted the Director Planning and Sustainable Futures, Kath McClusky, wearing an orange shirt which represents support to eliminate gender-based violence.

The Chief Executive Officer noted 25 November each year marks the International Day for the Elimination of Violence Against Women and Girls, and it marks day one of the 16 Days of Activism, which runs from the 25 November through to the 10 December each year.

7.

CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS pdf icon PDF 28 KB

Minutes:

 

Moved: Cr McAllister
Seconded: Cr Marriott

That the Minutes of the Council Meeting held Tuesday 25 November 2025, as circulated, be confirmed.

The motion was Carried unanimously.

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

Against:       Nil

 

8.

QUESTIONS AND SUBMISSIONS FROM THE PUBLIC pdf icon PDF 49 KB

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.

Minutes:

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

There were no Questions from the Public listed on the agenda for this meeting.

 

SUBMISSIONS TO COUNCIL

Aquatic Facility on the Kilsyth Centenary Pool site

Janis Floyd made a Submission to Council regarding the building of an upgraded, modern, aquatic facility on the Kilsyth Centenary Pool site.

9.

PETITIONS pdf icon PDF 64 KB

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.

Minutes:

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.

10.

BUSINESS PAPER

10.1

Amendment C225 Erosion Management Overlay - Consideration of Submission and referral to Planning Panel pdf icon PDF 219 KB

Additional documents:

Minutes:

SUMMARY

Amendment C225 proposes to update the Erosion Management Overlay (EMO) in the Yarra Ranges Planning Scheme following a municipal-wide landslide risk assessment review. This includes updated mapping, replacing the schedule to the EMO with a new Schedule 1 to the EMO to manage landslip susceptibility and introducing a new Schedule 2 to the EMO to manage debris flow susceptibility.

The amendment also updates the Incorporated Document “Requirements for a Geotechnical Assessment, Landslide Risk Assessment or Landslide Hazard Assessment prepared in support of a planning permit application under the Erosion Management Overlay (Yarra Ranges Shire Council, June 2025)” to include references to Schedules 1 and 2 of the EMO and updates the application requirements.

The amendment was placed on public exhibition from 21 August 2025 to 26 October 2025 with a total of 84 submissions received (at the time of preparing this report). Of those, one submission supported the amendment, one supported and requested a change, four submissions stated no objection to the amendment, two submissions critiqued the methodology used, eight submissions had no position and 68 opposed the amendment and/or have sought changes or review of the mapped extent.

The key themes arising from submissions relate to mapping extent and methodology, insurance, impact on property values and future development potential, costs and time, property rates, stormwater and drainage and consultation.  As officers are unable to resolve all submissions the amendment must be referred to an independent Planning Panel appointed by the Minister for Planning.

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

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

Moved: Cr Child
Seconded: Cr McAllister

That Council

1.         Note the matters raised in submissions to Amendment C225.

2.         Note the responses, recommendations and changes proposed to be made to the Amendment in response to submissions (Attachments 1, 2 and 3).

3.         Request the Minister for Planning to appoint an independent Planning Panel under section 23 of the Planning and Environment Act 1987, to consider submissions to Amendment C225, including any late submissions received.

4.         Receive a further report considering the recommendations of the independent Panel.

The motion was Carried unanimously.

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

Against:       Nil

 

10.2

Mandatory Glass Bin Service - Impacts, Advocacy and Options pdf icon PDF 331 KB

Additional documents:

Minutes:

SUMMARY

This report provides an update on:

·                Council’s position regarding the State Government’s mandate for a standalone kerbside glass recycling service.

·                The cross-council collaborative advocacy efforts.

·                The anticipated impacts of the glass service rollout on Yarra Ranges, including an analysis of available service options for Council consideration.

The report recommends maintaining both collaborative and individual advocacy to seek removal or deferral of the mandatory glass bin collection requirement, citing insufficient cost-benefit justification. It further supports advocacy for the expansion of the Container Deposit Scheme (CDS) to include wine and spirit glass bottles to enhance resource recovery outcomes.

Cr McAllister left the meeting at 7:52pm returned at 7:53pm prior to debate and a vote being taken.

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

Moved: Cr Mazzarella
Seconded: Cr Heenan

That Council

1.         Does not support the State Government imposed mandatory glass service in its current form, including the imposition on, and cost to, community.

2.         Calls upon the State Government to permit alternative glass service options.

3.         Defer the implementation of a glass service, in light of the State Government Service Standards not being release.

4.         Continue to support the collaborative advocacy effort between councils including being named in multi council media campaigns.

5.         Undertake advocacy as an individual council:

(a)      For the removal of the requirement to implement a mandatory glass bin collection service, or to delay its implementation to future years.

(b)      Support the expansion of the Container Deposit Scheme (CDS) to include wine and spirit bottles.

5.         Note the risk of non-compliance if deferral of glass puts Council outside the legislated requirements.

The motion was Carried.

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

Against:       Cr Cox

 

10.3

Labour Hire Contractor Panel Provider pdf icon PDF 146 KB

Additional documents:

Minutes:

SUMMARY

The recommendation of this report is for Council to enter a new Procurement Australia (PA) sourced contract with our existing temporary labour hire panel provider, Comensura.

Comensura provides a financially advantageous business process access temporary labour via agreed employment agencies.

The Contract will be for an initial period of one year period, Council having the option to extend the Contract for an additional three periods of one year each.

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

Moved: Cr Ward
Seconded: Cr Mazzarella

That Council

1.         Accepts the Procurement Australia tender Managed Services Provider for Contingent Labour 2612/0653 for an initial period from 1 January - 31 December 2026 with three one-year options to extend.

2.         The Director of Corporate Services be authorised to execute the contract and subsequent extensions.

3.         The confidential attachments to this report remain confidential indefinitely as they relate to matters specified under section 3(1) (g)(i), (g) (ii) of the Local Government Act 2020.

The motion was Carried unanimously.

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

Against:       Nil

 

10.4

Footpath Trading Policy & Roadside and Public Place Trading Policy pdf icon PDF 161 KB

Additional documents:

Minutes:

SUMMARY

Since establishing the Streets and Roadside Trading Policy in 2010, both legislative requirements and community expectations have changed, directly impacting Council’s ability to regulate and manage trading on footpaths and in public places where Council has authority. The existing policy was reviewed and has identified significant updates including but not limited to:

·                The need to split the existing policy into two distinct policies

·                Supporting the compliance and enforcement of permit conditions

·                Introduction of prescribed (fixed) roadside trading sites at identified locations

The Footpath Trading Policy 2025, Roadside and Public Place Trading Policy 2025, and Prescribed Roadside Trading Sites are presented as attachments to this report.

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

Moved: Cr Child
Seconded: Cr Mcilwain

That Council

1.         Adopts the Footpath Trading Policy 2025.

2.         Adopts the Roadside and Public Place Trading Policy 2025 including Prescribed Roadside Trading Sites.

3.         Repeal the existing Streets and Roadside Trading Policy 2010.

The motion was Carried unanimously.

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

Against:       Nil

 

10.5

Declaration of Special Charge Arthurs Road Chum Creek pdf icon PDF 233 KB

Additional documents:

Minutes:

SUMMARY

Following extensive consultation with landowners, Council considered road improvement works for Arthurs Road, Chum Creek and resolved on 14 October 2025 to proceed with a Special Charge Scheme under Section 163 of the Local Government Act 1989.

The statutory public notice and submission period concluded on 19 November 2025. One submission was received, raising concerns about financial hardship and changing circumstances since initial consultation.

The project will be jointly funded by Council and landowners, with an estimated total cost of $503,903. Council will contribute $246,600 (via the Federal Government’s Roads to Recovery program), and landowners will contribute $257,304. The scheme covers 20 properties, with 78% of surveyed landowners supporting the proposal.

This report recommends declaring the Special Charge without modification. Landowners experiencing hardship may seek assistance under Council’s Rate Recovery and Financial Hardship Policy. Formal notifications will follow, and affected parties may apply to VCAT for review within 30 days.

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

Moved: Cr McAllister
Seconded: Cr Child

That Council

1.         Having reviewed the proposed Special Charge, and considered submissions, declares the Special Charge for works on Arthurs Road, Chum Creek under Section 163 of the Local Government Act 1989, without modification.

2.         Notes the Special Charge applies to the area in Attachment 1, with costs in Attachment 2.

3.         Under Section 223 of the Local Government Act 1989, serves written notice of Council’s decision to each submitter or nominated representative for group submissions.

4.         Serves written notice to all liable persons, advising of Council’s decision and their right to seek review by Victorian Civil and Administrative Tribunal (VCAT) within 30 days of notice issue.

The motion was Carried unanimously.

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

Against:       Nil

 

11.

COUNCILLOR MOTIONS pdf icon PDF 28 KB

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.

Minutes:

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.

ITEMS THROUGH THE CHAIR pdf icon PDF 27 KB

Minutes:

12.1                Holy Fools Christmas Hamper Packing

Cr Heenan informed Council the Holy Fools Christmas Hamper Packing will be occurring on 13 December 2025 and encouraged community to donate through the purple bins located throughout the Municipality to help reach Holy Fools target of 200 hampers. Cr Heenan thanked everyone who had supported the cause.

 

12.2                Lilydale Melba Festival and Street Fair

Cr Heenan also congratulated the Lilydale Township Action Group on the successful Lilydale & Melba Festival Street Fair held on 7 December 2025. Cr Heenan also noted two upcoming events including the Community Dinner in Mt. Evelyn on 12 December 2025 at the Mt. Evelyn Community Centre and the Christmas Carols on 13 December 2025 in Melba Park, Lilydale.

 

12.3                Daniel Sanders 2025 FIM World Rally-Raid Champion medal

Cr Child noted, 31-year-old Victorian, Daniel "Chucky" Sanders winning the 2025 FIM World Rally-Raid Champion medal in Lausanne, Switzerland. Daniel competed in 5 events over 2025 including the Dakar Rally in January, of which he won 3 events.

 

12.4                Kilsyth Festival

Cr Cox attended the Kilsyth Festival on 23 November 2025 held at the Elizabeth Bridge Reserve, Kilsyth. Cr Cox thanked the volunteers who made the event possible and urged the community to volunteer at future events.

 

12.5                Yarra Ranges Council Annual Grant Celebration

Cr Higgins, along with Cr Mazzarella and Cr Ward, attended the Yarra Ranges Council Annual Grant Celebration held on 8 December 2025 at the Memo, Healesville. Cr Higgins commended everyone involved in the evening and the grant recipients.

 

 

 

13.

REPORTS FROM DELEGATES pdf icon PDF 27 KB

Minutes:

Cr Mcilwain

-           Attended the Sustainable Environment Advisory Committee (SEAC) held on 4 December 2025 at the Yarra Ranges Council Civic Centre. The meeting was also attended by Cr Marriott.

 

Cr Cox

-           Attended the 2025 Advisory Groups Celebration held on 15 December 2025 at the Yarra Ranges Council Civic Centre.

 

Cr Cox

-           Attended the Celebrate International Day of People with Disability event held on 3 December 2025 at the Yarra Ranges Council Civic Centre. The meeting was also attended by Cr Higgins.

 

Cr Cox

-       Attended the proposed Montrose Quarry expansion community meeting held on 3 December 2025 at the Eastwood Golf Club. The meeting was also attended by Cr Marriott.

 

Cr Marriott

-           Attended the Sustainable Environment Advisory Committee (SEAC) held on 4 December 2025 at the Yarra Ranges Council Civic Centre.

14.

DOCUMENTS FOR SIGNING AND SEALING pdf icon PDF 28 KB

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.

Minutes:

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.

15.

INFORMAL MEETING OF COUNCILLORS pdf icon PDF 89 KB

Additional documents:

Minutes:

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

Moved: Cr Mazzarella
Seconded: Cr Marriott

That the records of the Informal Meetings of Councillors, copies of which are attached to the report, be received and noted.

The motion was Carried unanimously.

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

Against:       Nil

16.

URGENT BUSINESS pdf icon PDF 28 KB

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.

Minutes:

17.

CONFIDENTIAL ITEMS pdf icon PDF 28 KB

In accordance with section 66(2)(a) of the Local Government Act 2020.

Minutes:

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.

 

18.

DATE OF NEXT MEETING pdf icon PDF 28 KB

Additional documents: