Council Minutes - Section B: Reports - 27 November 2012
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Contents | Previous Page: Section A - Procedural Matters | Next Page: Section C - Common Seal Registers
Reports tabled at the Ordinary Meeting of Council on Tuesday 13 November 2012 held at City Hall, Little Malop Street in Geelong.
Role of Mayors, Councillors and Chief Executive Officers in Emergency Management
Barwon Regional Waste Management Group – Three Year Business Plan
Cr Harwood moved, Cr Richards seconded -
That Cr Stretch Kontelj be nominated as Deputy Mayor for a six month period 27 November 2012 until 27 May 2013.
There being no further nominations, Cr Stretch Kontelj was declared elected as Deputy Mayor of the City of Greater Geelong for a six month period 27 November 2012 to 27 May 2013.
Carried.
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Portfolio: |
Governance |
Source: |
Corporate Services - Administration & Governance |
General Manager: |
Jeff Wall |
Index Reference: |
Committees - Councillor Representation |
The allocation of Portfolio responsibilities has evolved over a period of time, reflecting the changing structure of the Council and the focus of individual councillors.
It continues to be an effective and efficient approach for the City, given the size and complexity of the municipality.
The Mayor, as the elected leader, retains overall responsibility as spokesperson on behalf of the Council.
Cr Farrell moved, Cr Harwood seconded -
That Council adopts the Portfolio structure set out in Appendix 2-1.
Carried.
Portfolio responsibility provides the Council with the benefit of having individual Councillors who are kept well informed on issues relating to their portfolios.
Consequently, the Portfolio Holder is generally in a better position to provide leadership and direction on policy development and strategic planning in their area of responsibility.
The Portfolio role includes:
To act as spokesperson on behalf of Council on matters relating to their particular portfolio.
To facilitate and assist in the development of policy positions to put to the various decision-making bodies and to undertake policy review.
To allow for the testing of views, proposals and possibilities being developed by the relevant department.
To assist Council’s Administration in identifying likely Council views on matters affecting the portfolio.
To assist other elected representatives to develop the fullest possible understanding of matters being considered by Council, which enables the Portfolio Councillor to lead Discussions on relevant items.
To facilitate the briefing of other Councillors in specialist areas within the portfolio.
The portfolio system has evolved over a period of time, reflecting the changing structure of the Council and the focus of individual Councillors. Proposed Portfolios for 2012/13 are set out in Appendix 2-1.
The Mayor, as the elected leader, retains overall responsibility as spokesperson on behalf of the Council. The allocation of Portfolios enables Councillors to provide leadership and direction on policy development and strategic planning in their area of responsibility, and to act as spokesperson on Portfolio issues.
The Portfolio system is reliant on Portfolio holders providing adequate advice to fellow councillors informally, or by presenting information through Councillor Briefings. Close liaison should also be maintained between the portfolio Councillor and ward Councillors in circumstances where portfolio issues specifically impact on a particular ward.
The assignment of a portfolio to individual Councillors is seen to provide the most effective means for the Council to be more specifically aware of the environmental needs relating to the issues being considered by Council.
There are no financial implications arising from this report.
The Portfolio structure is reviewed annually and has served Council well to date.
Not applicable
No significant risks are anticipated. However, prior to making comment through the media, it is recommended that Portfolio holders confirm the accuracy of any information to be released, and contact with the Chief Executive Officer or the relevant General Manager is encouraged.
The assignment of a portfolio to individual Councillors is considered to provide the most effective means for the Council to be specifically aware of the community needs relating to the issues being considered by Council, which are delivered through the adopted City Plan.
Once Council has decided on its preferred position, an appropriate communication action will be developed and implemented.
Portfolio |
Major Committee Links |
Aboriginal Affairs |
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Arts & Culture |
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Central Geelong |
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Coastal Communities |
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Community Development |
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Community Safety |
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Education & Youth |
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Enterprise Geelong
*Linked to Enterprise Geelong |
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Environment & Sustainability |
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Finance |
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G21 Geelong Region Alliance |
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Governance |
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Heritage |
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Infrastructure, Parks and Gardens |
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Major Events |
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Major Projects |
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Multicultural Affairs |
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Planning |
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Regional Cities |
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Rural Communities |
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Sport & Recreation |
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Tourism |
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Transport |
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Women in Community Life |
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Portfolio: |
Governance |
Source: |
Corporate Services - Administration & Governance |
General Manager: |
Jeff Wall |
Index Reference: |
Committees - Committee Structure |
Council maintains relationships with a number of organisations and operates committees that provide Council with an important link for the purpose of improving the social, environmental and financial well being of our community.
On an annual basis the Council reviews its nominations to these organisations and committees.
Cr Macdonald moved, Cr Ansett seconded -
That Council determine the Committee Appointments as listed in Appendix 3-1.
Carried.
Contained within this report is a list of organisations and committees to which Council has nominated representatives. The list in Appendix 3-1 is divided into internal and external appointments. The nominations to these committees are reviewed on an annual basis.
It is important for nominees to distinguish that the roles and responsibilities may vary depending on the position for which they are being nominated.
External Legal Entities - Where a Councillor or an Officer is nominated to the Board of a separate legal entity, the nominee takes on fiduciary responsibilities in accordance with the Corporations Act, and they are required to act in the best interests of that company or entity. Such responsibilities can raise issues that relate to:
Conflicts of Interest;
Confidentiality of information;
Personal Liabilities, etc.
Council Advisory Committee - There is no formal decision making that can be made in an advisory capacity on behalf of Council, but rather, recommendations arising from the deliberations of the committee may come to Council for consideration and final adoption. The Appendix to this report outlines the proposed appointments to internal and external committees and organisations.
Nominations to a number of organisations provide a link to the community to enhance the management of the region’s environment.
Funding arrangements (where in place) are provided within Council’s budget parameters. There are no specific implications in nominating representatives to the various committees.
Nomination of representatives to committees and external organisations are reviewed annually.
Special Committee (s86) meetings are open to the public, except where matters of a confidential nature, as prescribed by the Act, are to be dealt with. These committees may be delegated various responsibilities by the Council, including the expenditure of monies and entering into contracts.
Advisory Committees are formed to provide advice to Council on various matters. They do not have the authority to act on behalf of the Council. They may be appointed for a short term task or on an ongoing basis. Records of meetings are kept, along with declarations of interest, and are publicly available.
External Committees are not administered by Council.
Not applicable
Depending on the nature of the relationship, the risks to Councillors and officers can relate to matters of:
Directors and Officers Liability Insurance;
Conflicts of Interest;
Confidentiality of Information;
Adherence to the required governance proceedings, etc.
Nominations to these organisations maintain an important link into the community for the purpose of identifying and responding to the social needs of the community.
Nominations will be communicated to all affected organisations.
Portfolio: |
Planning |
Source: |
Economic Development, Planning & Tourism – Strategic Implementation |
General Manager: |
Peter Bettess |
Index Reference: |
Project: Amendment C186 Planning Permit 242/2012 |
Subject: |
Council Reports 2012 |
Amendment C186 is a Council initiated combined amendment and planning permit.
The amendment will:
Re-zone land from Public Park and Recreation Zone (PPRZ) and from Public Use 6 Zone (PUZ6) to Mixed Use Zone (MUZ), and
Apply the Design and Development Overlay (DDO) to the land and introducing a new schedule to the DDO(DDO26), to apply to the land.
The permit will:
Remove a restriction from the title of part of the land currently zoned PPRZ (the ‘Leisurelink’ site);
Re-subdivide the three existing lots into two lots in a manner which:
Provides improved vehicle access for the ‘Leisurelink’ site to Reynolds Road by the addition of part of the land currently zoned PUZ6 (the ‘car park’ site).
Consolidates the remaining lot in the PPRZ (the ‘bowling lanes’ land) with the remainder of the PUZ6 (‘car park’) land.
Exhibition of the Amendment and Planning Permit resulted in the receipt of a total of 103 submissions. The submissions consisted of 101 objecting submissions from surrounding landowners opposed to the amendment, 100 of which are identical proforma submissions; 1 submission from the Corangamite Catchment Management Authority which did not object to the Amendment, and one from Barwon Water which did not object to the Amendment and which specified conditions to be included as part of the planning permit.
Council resolved on 22 May 2012 to refer the Amendment and draft planning permit, together with the submissions, to an Independent Planning Panel appointed by the Minister for Planning.
The Panel Hearing was held in Geelong on 14 September 2012.
The Independent Panel has recommended that the Amendment be adopted and the permit issued generally as exhibited, with minor modifications.
It is recommended that the Amendment be adopted as described in this report.
Cr Macdonald moved, Cr Nelson seconded -
That Council:
Adopt Amendment C186 in the form as outlined in Appendix 4-1 (A) – (E) to this report;
Submit the adopted Amendment together with the prescribed information to the Minister for Planning requesting approval;
Recommend to the Minister that a Permit be granted pursuant to Section 96G of the Planning and Environment Act 1987 (Planning Permit No. 242/2012 is contained in Appendix 4-2); and
Sign and seal the Section 173 Agreement (Appendix 4-3) accompanying the Amendment.
Carried.
Amendment C186 and the permit application to subdivide the land at 29-31 Reynolds Road, Highton are proposed to facilitate the re-use of Council owned land that is surplus to its requirements.
Maps showing the changes to the application of Zones and Overlays are contained at Appendices 1D – 1E.
The proposed changes to the planning scheme, together with the conditions contained in the planning permit, will facilitate the future use and development of the land in a manner which protects the amenity of the surrounding established residential area.
The Amendment and Planning Permit were exhibited from 25 January 2012 to 6 March 2011. Notice of the amendment and Planning Permit were given to owners and occupiers of affected land and to relevant authorities and Ministers in accordance with the requirements of the Planning and Environment Act 1987.
One hundred and three (103) submissions were received in response. One hundred and one (101) were objecting submissions – including 100 identical pro-forma submissions from surrounding landowners. The other 2 submissions were received from the Corangamite Catchment Management Authority, which did not object to the Amendment, and Barwon Water which did not object to the Amendment and which specified conditions to be included as part of the planning permit.
Council considered the submissions at its meeting on 22 May 2012 and resolved to refer Amendment C186 and Permit, together with all submissions received, to an Independent Planning Panel.
It should be noted that, as a result of minor changes required to the plan of subdivision and Councils lack of facilities to produce amended ‘heavyweight’ Subdivision plans, a new planning permit number has been required to be allocated to the revised subdivision. The draft planning permit at Appendix 4-2, should be numbered 242/2012. It replaces the exhibited permit 869/2011.
A one person Panel consisting of Chair, Cathie McRobert, conducted a directions hearing on 23 July, 2012 and a public hearing of the submissions on 20 August, 2012. Both hearings were held at Geelong City Hall. Council provided a presentation to the Panel and a presentation was made by a planning consultant on behalf of 1 submittor.
The Panel report for Council’s consideration was received on 17 September, 2012, a full copy of which is available on the City website.
The Panel has assessed the Amendment, the proposed Section 173 Agreement, included as Appendix 4-3 to this report, and the Draft Planning Permit, together with the points of submission put to it during the Hearing and as contained in the submissions.
A list of submittors is included as Appendix 4-4 to this report.
Panel Conclusions and Recommendations
The Panel has recommended that the Amendment and Permit be supported subject to changes, for the reasons set out in its report.
The Panel recommends:
Amendment C186
Amendment C186 to the Greater Geelong Planning Scheme be adopted as exhibited subject to the following modifications:
Approval of Amendment C186 be subject to an Agreement under Section 173 of the Planning and Environment Act 1987 that will prohibit vehicular and pedestrian access to the land from Pinecrest Drive, other than in relation to access for residential purposes being registered on the title of the land.
Revise DDO29 as follows:
Buildings and works adjacent to 19 & 27 Pinecrest Avenue, 33 Reynolds Road and 11 Dumfries Court shall be of a form and scale consistent with the requirements in relation to amenity impacts specified in clause 54.04
‘Existing tree plantings adjacent to 19 & 23 Pinecrest Drive and 33 Pinecrest Drive Reynolds Road should be retained and enhanced, and, where relevant, inform for the articulation of the adjacent building development.’
Include new requirements in Clause 2.0 ‘Buildings and works’ to the following effect:
‘Vehicle and Pedestrian Access
Reynolds Road should provide the primary vehicle and pedestrian access to the land.
Vehicle and pedestrian access to Pinecrest Drive must be restricted to access related to the use of the land for residential purposes.’
Planning Permit No 242/2012 (formerly 869/2011)
The ‘Hearing Version’ of Planning Permit No 242/2011 be issued subject to the changes outlined in Appendix B of this report.
Council liaise with Referral Authorities to develop standard conditions and/or approaches to drafting permit conditions that reflect best practice drafting.
Having considered the Panel Report, Council Officers recommend that Amendment C186 to the Greater Geelong Planning Scheme should be adopted as exhibited, with the following recommended changes, for the reasons set out later in this report:
Schedule 30 to the Design and Development Overlay (DDO30) to be adopted in the amended form contained in Appendix 1C, consistent with the Panel Recommendation;
It is further recommeneded that:
Draft planning permit 242/2012 be forwarded to the Minister for Planning with the changes proposed by Planning Panel, as set out in Appendix 4-2, and
That Council sign and seal the Section 173 Agreement contained in Appendix 4-3 to this report, consistent with the Recommendations of the Planning Panel.
The Panel’s recommendations in relation to the Amendment are consistent with the intent of Council’s exhibited Amendment and are generally supported. The following excerpts from the Planning Panel Report, together with related officer comments, provide direction for Council with respect to the detail recommended to be included in the adopted amendment.
1. The effectiveness of the Proposed Planning Framework
The Panel Report states that:
“The concerns raised in written submissions relate specifically to potential impacts of use and development of Lot 1 in the proposed subdivision on the surrounding residential area, and Pinecrest Drive in particular. The submissions from residents in the locality express concern that the DDO29 intent to ensure that the form and scale of development matches that of the existing residential development and to ensure that vehicular access into Pinecrest Drive is limited may not be implemented. …
The written submissions imply that they would prefer the certainty provided by mandatory requirements. The Panel notes that only height is a mandatory requirement in the adjoining R3Z and none of the requirements applicable in the adjoining R1Z are mandatory. The Panel does not consider mandatory requirements are justified in this case.
The Panel considers that the rationale for DDO29 is sound. It provides greater flexibility in the eastern portion of the site while recognising that the site adjoins and forms part of a residential area. …
The Panel agrees with Council that DDO29 has been designed to ensure that the form and scale of development of the site presented to Pinecrest Drive is consistent with its residential location. It provides suitable protection of the amenity of adjoining residential uses the north and northwest, except that:
The form and scale should be consistent with the requirements in relation to amenity impacts specified in clause 54.04 as a whole, rather than just 54.04-1, in order to provide a level of protection of the amenity of the adjoining residential properties that is comparable to that enjoyed in a residential zone. This would extend consideration to matters such as daylight to existing windows, privacy, overshadowing of private open space and the like.
With regard to the retention of existing trees, the reference to 33 Pinecrest Drive should be corrected to refer to 33 Reynolds Road.”
Revise DDO29 as follows:
Buildings and works adjacent to 19 & 27 Pinecrest Avenue, 33 Reynolds Road and 11 Dumfries Court shall be of a form and scale consistent with the requirements in relation to amenity impacts specified in clause 54.04.
Existing tree plantings adjacent to 19 & 23 Pinecrest Drive and 33 PinecrestDrive Reynolds Road should be retained and enhanced, and, where relevant, inform for the articulation of the adjacent building development.
Officer Comment:
The Panel Recommendation is supported.
2. Traffic, Parking and Access Implications
The Panel Report states that:
“Submitters and Council are in agreement that the site’s primary access should be from Reynolds Road, which has been designed and functions as a connector type road to provide access from the Princes Highway to the variety of uses surrounding this intersection and the residential area to the north of the subject site.
The proposed restrictions under the Section 173 Agreement will reinforce Reynolds Road as the primary access point. The question is whether any vehicle access from the site to Pinecrest Drive should be allowed.
The Panel agrees with Council that it is reasonable for residential users of the site to gain access from Pinecrest Drive. If the concepts presented by Karingal are implemented, the traffic generated by the supported housing use is likely to be lower than a typical residential use that could be anticipated under a residential zoning. If these plans are not realised or the site is sold to another party, the restriction would remain in place and the specific traffic and parking implications of any residential traffic accessing Pinecrest Drive would be evaluated through the permit processes. …
The Panel’s review of the DDO provisions indicates there is scope to address this development design issue in DDO29 as the purpose of the DDO relates to the design and built form of new development. A schedule may include requirements relating to any requirements, in addition to those nominated, relating to the design of new development; and the decision guidelines refer to the layout of areas set aside for car parking,access and egress, loading and unloading and the location of any proposed off street car parking.
The Panel considers that the planning framework would be reinforced and more transparent if DDO29 made it explicit that Reynolds Road is intended to provide the primary point of access to the site, and vehicular access via Pinecrest Road should be restricted to vehicles associated with residential uses on the site.”
Panel Recommendation:
Approval of Amendment C186 be subject to an Agreement under Section 173 of the Planning and Environment Act 1987 that will prohibit vehicular and pedestrian access to the land from Pinecrest Drive, other than in relation to access for residential purposes being registered on the title of the land.
Revise Schedule 29 to the Design and Development Overlay to include new requirements in Clause 2.0 ‘Buildings and works’ to the following effect:
Vehicle and Pedestrian Access
Reynolds Road should provide the primary vehicle and pedestrian access to the land.
Vehicle and pedestrian access to Pinecrest Drive must be restricted to access related to the use of the land for residential purposes.
Officer Comment:
The Panel Recommendation is supported.
3. The Proposed Permit Conditions
The Panel Report states that:
“Revision of the Draft permit after the consideration of submissions included a number of additional conditions that were required by Barwon Water, which is a Referral Authority.
Council was bound to include those conditions but the same obligation does not apply under the combined Amendment and permit process.
The Panel has recommended that some of these conditions be redrafted as conditions rather than statements; and that elements of conditions included in the Barwon Water submission be relocated from permit conditions to notes on the permit.
Panel Recommendation:
Grant the ‘Hearing Version’ of the Permit with the further changes shown in Appendix B of this report.
Council liaise with Referral Authorities to develop standard permit conditions and/or approaches to drafting permit conditions that reflect best practice drafting.
Officer Comment:
The Panel Recommendation is supported.
4. The Proposed Rezoning to MUZ
The Panel Report states that:
“The rezoning of the site to MUZ was not challenged in submissions. The Panel endorses the MUZ as an appropriate zone for the site as it:
Recognises that the site already contributes to the very mixed nature of uses in the area; and
Provides an appropriate level of flexibility to evaluate a range of potential uses through the planning permit process.
However, the Panel sought advice on whether the new zones that were recently released for consultation purposes raise issues in relation to this Amendment. It was emphasised at the Directions Hearing that changes to zones are in the consultative phase and the outcome of that process is not known.
Council advised in respect of potential issues for the proposed rezoning of the site to MUZ raised by the newly released draft zones as follows:
‘....as the draft zones propose changes to the Mixed Use Zone (MUZ) which already forms part of the Greater Geelong Planning Scheme, such changes, if introduced, would directly impact on all land in the planning scheme zoned MUZ and to the land proposed to be re-zoned to MUZ as part of Amendment C186, in the event that the Amendment is adopted and approved.
In particular:
The change to the purpose of the zone to ‘provide for housing at higher densities’;
The increase in ‘as of right uses’ including Office and Medical centre, subject to floor area limitations;
Permit required uses for Office and Shop, including Trade Supplies without a statutory ceiling on floor area.
In large part the increased flexibility foreshadowed in the revised MUZ reflects the concerns envisioned by objecting submittors in relation to the current zone provisions.
The draft zone changes also provide an opportunity for Council to reflect on the appropriateness of utilizing the MUZ in this instance.
Prior to preparation of the Amendment an alternative approach of subdividing the land so as to create a separate R3Z parcel fronting to Pinecrest Drive was considered at officer level however, on balance, it was felt that the MUZ with an appropriate schedule to the DDO would provide more likelihood of developing the site to its full capacity, while protecting the adjoining residential amenity.
Subsequent to the exhibition process, consideration of submissions resulted in support for the Section 173 Agreement in the form tabled.
As a result of the potential changes which have subsequently been circulated by the Minister in relation to the MUZ, the combination of the DDO and S173 Agreement are seen by officers as crucial to ensuring the protection of residential amenity sought by the residents of the adjoining R3Z.
DDO29 and the proposed Section 173 Agreement have been proposed to ensure that the flexibility associated with the framework provided by the MUZ does not result in unacceptable impacts for the adjoining residential area. Council’s advice about the potential effects, if the consultation version of a new MUZ is applied to the site has emphasised the importance of these mechanisms if revisions to the MUZ provide even greater flexibility.”
Officer Comment:
The assessment of the Panel is supported.
5. Conclusions and Recommendations
“The Panel concludes that the proposed rezoning of the site to MUZ and the issue of the permit to subdivide the land will facilitate appropriate re-use of the site. The flexibility provided by the MUZ should allow the realisation of the potential for consolidation of an established focus for community facilities. The proposed DDO29 and Section 173 Agreement provide a planning framework to manage potential impacts on adjoining residential areas. The Panel has recommended some refinement of DDO29 to increase the protection of the amenity of residential uses adjoining the site and to reinforce the provisions included in the proposed Section 173 Agreement.
The Panel also considers that the Permit should be granted, with the changes identified in Appendix B.”
The Consolidated Panel Recommendations are set out earlier in this report.
The recommendations of the Panel support and enhance the direction proposed by Council in the exhibited amendment and draft planning permit, and subsequently in the Council submission to the Panel Hearing.
The recommendations of the Planning Panel have the support of Council officers.
The change in the zoning of the land from a public zone to a zone suitable for private development of the land will not create any significant increase in the value of the land.
The changes to the planning scheme will have no adverse environmental implications.
The changes to the Planning Scheme will have no adverse financial implications for Council.
The amendment is considered to be consistent with State and Local planning policies as set out in the Explanatory report which forms part of the Amendment documentation.
No Council officers involved in the preparation of this report have a direct or indirect interest, in accordance with Section 80(c) of the Local Government Act, to which this Amendment relates.
There are no risks to Council associated with the application of the revised planning controls.
The amendment is expected to result in net community benefit, in that the revised planning controls will provide for the future use and development of the former Leisurelink site in a manner which preserves and enhances the amenity of the area.
Amendment C186 and Planning Permit 242/2012 has been through a formal exhibition process with consideration of submissions by Council and review by an Independent Panel. All submittors have been advised of the timing of Council’s consideration of this report and will be advised of the final decision of the Minister.
Portfolio: |
Planning |
Source: |
Economic Development, Planning and Tourism |
General Manager: |
Peter Bettess |
Index Reference: |
Application C220 |
Amendment C220 proposes to rezone land at 10 and 18 Alkara & 8-10 Mill Road Lara from Rural Living Zone (RLZ) to Public Park and Recreation Zone (PPRZ).
The Amendment will reflect its land ownership and land use and bring the zoning into consistency with other sports grounds/facilities in Lara (and Geelong).
Authorisation (A02100) for this Amendment was issued on 28 October 2011 under section 35B of the Planning and Environment Act 1987.
Exhibition of the Amendment between 8 December 2011 and 6 February 2012 resulted in three submissions – one from a service authority (Barwon Water) and two from local residents.
The objecting submissions could not be resolved and on 12 June 2012 Council referred the Amendment and submissions to an Independent Panel to be appointed by the Minister for Planning.
A one day hearing Panel Hearing (including accompanied site visit) was held on 3 September 2012. Council subsequently received the Panel’s report on 3 October.
The Panel has found that the rezoning can be strategically justified and is a logical outcome for the land. The Panel found no sound planning reason to oppose the Amendment or to make any changes to the Amendment.
The Panel recommends that the Amendment should be adopted as exhibited.
The Panel found that whilst the submitters’ issues were well argued and genuinely held, they were disconnected to the rezoning of the land and beyond the scope of the Panel.
The Panel encourages further dialogue between all parties to work together towards a solution on ongoing management, landscaping, fencing and contamination associated with the development of the sports ground.
Cr Macdonald moved, Cr Ansett seconded -
That Council:
Adopt Amendment C220 as contained in Appendix 5-1 of this report; and
Submit the adopted Amendment together with the prescribed information to the Minister for Planning requesting approval.
Carried.
Amendment C220 is a Council initiated amendment made by the Recreation and Open Space Unit.
The Amendment proposes to rezone the land at 10 and 18 Alkara Avenue and 8-10 Mill Road Lara from Rural Living Zone (RLZ) to Public Park and Recreation Zone (PPRZ). This is Council owned land.
Planning permission for use and development of the land at 18 Alkara Avenue was granted in March 2011, with some of the works envisaged by the permit already completed. The land at 8-10 Mill Road remains undeveloped, although it is intended to develop this as the bowling club with a planning permit application imminent.
The Amendment was advertised between 8 December 2011 and 6 February 2012. Following the giving of public notice, Council received 3 submissions – 1 supporting the Amendment and 2 opposing the Amendment. Issues raised in the submissions included the following:
Impacts of the Lara Recreation Reserve on adjoining landowners through loss of privacy, vista, noise and general amenity
Council installing a timber paling side boundary fence to an adjoining property
Required infrastructure upgrades, in particular to the alignment and construction (bitumen sealing) of Alkara Avenue and the need for intersection treatment with Mill Road
Traffic impacts, in particular the combination of access to the Lara Recreation Reserve and the Lara Secondary College off Alkara Avenue, and the enforcement of speed and road tonnage limits in Mill Road
Fire risk from the landscaping proposed for the Recreation Reserve
Future development of the Lara Recreation Reserve for the relocated bowling club and future installation of flood lighting
Linkage between the rezoning and the planning permit for the oval use and development
On 12 June 2012 Council referred the submissions to an Independent Panel appointed by the Minister. The Panel held a hearing on 3 September 2012 and provided its report to Council on 3 October 2012.
The Panel has recommended that the Amendment should be adopted as exhibited.
The Panel found that the Amendment can be strategically justified:
The proposal is broadly consistent with the SPPF and LPPF, specifically with Council’s urban design framework for Lara and is contemplated by Council’s Lara Outdoor Recreation Facilities Study and the Lara Recreation Reserve Master Plan (February 2009);
The land is in public ownership and the proposed zoning is an appropriate outcome having regard to the appropriate Planning Practice Note;
The rezoning would reflect the planning permission granted for the use and development of the land as a minor sports ground; and
The rezoning is a logical outcome in land use planning terms.
The submitters raised a range of issues at the Panel Hearing, summarised as follows:
The Council has a poor track record with respect to maintaining the land.
The Council brought contaminated fill to the land.
The development approved by the planning permit will create drainage and fire issues, which will threaten adjoining dwellings to the east
The Council should properly fence the land to prevent balls and/ or users of the parkland entering private property.
The landscaping approved by the planning permit will create a loss of amenity (through a loss of views and vistas from the rear of existing dwellings).
Alkara Avenue is in a poor state of repair; its condition encourages hoon behaviour and that it is inadequate to be used as the only entrance point to the Council land.
That existing light towers (not located on the subject land) create light spill that has a detrimental impact on residential amenity. Any future light towers would either make this situation worse and/ or would need to be properly baffled.
Existing conditions (namely, periodic residual air emissions from a nearby broiler farm) will make the sporting facilities unattractive.
Rezoning of the land to PPRZ will mean that all future sporting and recreational uses will not require planning permission. Residents and other stakeholders will be excluded from commenting on any future proposals earmarked for the reserve.
The Council needs to be pro-active in involving local residents in the future use and development of the reserve land.
The Panel found that the issues of detail raised by the submitters were well argued and genuinely held, however they were disconnected to the rezoning of the land and beyond the scope of the Panel. The matters before the Panel were not the redevelopment of the land but rather whether the Amendment itself can be supported. The Panel acknowledged the considerable effort and contribution to the local environment and community made by the submitters.
The Panel urges further dialogue between Council as the landowner and neighbour, and the submitters and encourages all parties to work together towards a solution on ongoing management, landscaping, fencing and contamination issues associated with the development of the sports ground.
The rezoning of the subject land has been supported by the Panel and is suitable for recreational purposes and public open space. This Amendment gives effect to the strategic planning for this part of Lara.
There are no ongoing financial implications for Council arising from this Amendment.
The rezoning of the subject land is consistent with State and local planning policy, will bring the zoning into consistency with other sports grounds in Lara and Geelong, will correctly zone the land according to the Victoria Planning Provisions, and will recognise its ownership, use and development for public open space purposes.
In accordance with section 80(c) of the Local Government Act no Council officers have any direct or indirect interest in the matters to which this Amendment relates.
There are not expected to be any risks to Council by proceeding with this Amendment.
The site adds to the public open space needs of the Lara community.
The rezoning will recognise the land as much needed sport and recreation facilities in Lara and will assist in supporting community benefit and enjoyment for Lara residents.
Submitters have been advised of the public release of the Panel’s report. They will be notified of Council’s determination and the decision of the Minister for Planning.
Planning and Environment Act 1987Greater Geelong Planning Scheme Amendment C220The planning authority for this amendment is Greater Geelong Planning Scheme. The Greater Geelong Planning Scheme is amended as follows: Planning Scheme Maps The Planning Scheme Maps are amended by a total of 1 attached map:< Zoning Maps
End of document |
![[image]](121127-minutes-20.jpg "121127-minutes-20.jpg")
Portfolio: |
Democracy and Governance |
Source: |
Corporate Services - Corporate Strategy |
General Manager: |
Jeff Wall |
Index Reference: |
Subject/Corporate Management |
Council at its meeting of 26 June 2012 adopted City Plan 2009-2013, 2012-2013 Update, that outlined the Objectives and Strategies planned by the City over the final year of that four-year period, and the Annual Business Plan Actions planned for 2012–2013.
This report is the progress report to Council of the organisations achievements against these actions.
Attachment A details the status and provides commentary against the Annual Business Plan actions. This report has been generated from the CorVu Performance Management System. The key to the status of actions is:
Minor Issue |
Yellow |
2 |
Major Issue |
Red |
0 |
Not yet Started |
White |
10 |
On Schedule |
Green |
205 |
Completed |
Black (‘C’ in white font) |
9 |
Total Actions |
|
226 |
Cr S Kontelj moved, Cr Heagney seconded -
That Council receives and notes the City Plan Progress Report to 30 September 2012.
Carried.
Council at its meeting of 26 June 2012 adopted City Plan 2009-2013, 2012-2013 Update which has been developed within a framework of three strategic directions:
Community Wellbeing
To improve the health and quality of life of all residents of Greater Geelong.
Growing the Economy
Securing Geelong’s economic future.
A Sustainable Built and Natural Environment
The City of Greater Geelong leads the community in sustainable planning and environmental action.
This report and attachment indicates the status of the actions in City Plan for the 2012-2013 financial year.
Status and comments are provided for each of the 226 actions within the three strategic directions.
Some significant progress and completions for the quarter include:
Status Summary:
On Schedule |
126 |
Completed |
7 |
Major Issue |
0 |
Minor Issue |
0 |
Not Started |
3 |
|
|
Council adopted the Windsor Park Master Plan which sets new goals for the future development of the reserve. The master plan looks at ways to improve the reserves appearance, pedestrian links and traffic circulation. Major recommendations in the plan include upgrading pedestrian entrances, pathways and crossings, parking and traffic circulation, playground equipment and a redevelopment of the North Shore Multi-purpose Clubrooms. The master plan will most likely be implemented over the next 10-15 years.
Planning is well underway for a number of sport and recreation reserve and facility upgrades. In some cases design works have commenced, however, the majority will have design and/or construction on start from the second quarter of the financial year. Construction at McDonald Reserve pavilion and civil works at Shell Road Reserve are progressing well.
The Corio Norlane Structure Plan was adopted in July. The Plan sets a vision and strategic framework for land use and development in Corio and Norlane. The Plan has been developed by the City of Greater Geelong working in collaboration with the DPCD.
A report on the progress of the Domestic Animal Management (DAM) Plan 2008-2012 was presented to Council in August. The DAM Plan has progressed well since implementation commenced in 2008 with only three matters outstanding to date. This is due to the nature and complexity of some actions and because of several unplanned activities such as the introduction of new restricted breed legislation and micro-chipping requirements for pets being advertised for sale. It is intended to bring these forward to the new Domestic Animal Management Plan for 2013 – 2017. These outstanding actions relate to the mandatory de-sexing of cats, the establishment of pet parks and pet selection programs.
An update on the Leopold Community Hub went to Council in September. The project will now be completed over two stages with the children’s services component to be delivered as part of Stage 1 and library, café and youth/multipurpose space components as Stage 2 and to be completed in accordance with the long term financial plan.
The Children’s Week activity program was released and promoted during September. Children’s Week will take place in October and consists of approximately 70 events and will involve thousands of children and their families.
Growing the Economy
Status Summary:
On Schedule |
30 |
Completed |
2 |
Major Issue |
0 |
Minor Issue |
1 |
Not Started |
0 |
|
|
A Project Governance Structure for the Yarra Street Pier Reconstruction was endorsed by Council in August to drive the interest in the project with the objective to secure funding from other levels of Government. Terms of Reference for the group were also endorsed. The anticipated cost of the proposed development is $33m. Council has committed $5m to build a new pier, along with the Royal Geelong Yacht Club who has pledged $2.5m. It is proposed to approach other levels of Government for the remaining funds.
Council endorsed the City of Greater Geelong’s first Public Art Strategy titled: ‘Connecting people, place and environment – A public art strategy for the City of Greater Geelong’ in September. The Strategy, which was subject to extensive engagement, supports diverse forms of public art (programme and collection) as well as current and future maintenance standards. The City’s Public Place Art Collection of 320 individual items is currently valued at approximately $13.5 million.
In September the Council endorsed the ‘Dome Concept’ design for the new Geelong Library and Heritage Centre. This was one of three designs put forward by ARM Architecture. Schematic designs and planning are now underway. The Geelong Library and Heritage Centre project is jointly funded with Council contributing $20M, the State Government $15M and the Federal Government $10M.
The Greater Geelong Planning Scheme Amendment C267 has been prepared to be placed exhibition subject to Ministerial Authorisation. Amendment C267 proposes to:
Include the Armstrong Creek Town Centre PSP in the Greater Geelong Planning Scheme (the planning scheme) as an incorporated document.
Apply the Development Contributions Plan Overlay (DCPO) to the Precinct, and include the Development Contributions Plan (DCP) as an incorporated document in the planning scheme.
Include the Armstrong Creek Town Centre Native Vegetation Precinct Plan (NVPP) in the planning scheme as an incorporated document.
The Greater Geelong Planning Scheme Amendment C259 has been prepared to be placed exhibition subject to Ministerial Authorisation. Amendment C259 proposes to:
Include the Horseshoe Bend Precinct Structure Plan (PSP) in the Planning Scheme as an incorporated document
Apply the Development Contributions Plan Overlay (DCPO) to the Precinct, and include the Horseshoe Bend Development Contributions Plan (DCP) as an incorporated document in the planning scheme.
Include the Horseshoe Bend Native Vegetation Precinct Plan (NVPP) in the Planning Scheme as an incorporated document.
Include land required by Barwon Water for its Pressure Reducing Valves in a
Public Acquisition Overlay (PAO).
The Geelong Small Business Festival was held in August. Over fifty information sessions, events and networking opportunities were on offer throughout the month of August at no cost or minimal cost. Event topics included social media and marketing, recruiting and retaining staff, leadership, buying and selling a business and how to develop and grow your business. The festival also offered plenty of opportunities for networking with others.
A Sustainable Built and Natural Environment
Status Summary:
On Schedule |
49 |
Completed |
0 |
Major Issue |
0 |
Minor Issue |
1 |
Not Started |
7 |
|
|
A Climate Change Adaptation Toolkit has been developed in partnership with RMIT University and NetBalance. The Toolkit has been developed to guide council staff in considering and responding to the risks of climate change and supports robust strategic planning to manage the complexities and uncertainty of climate change impacts.
The Toolkit will be launched on Thursday 25 October 2012 to State and Local Government, research and other organisations currently considering the impacts of climate change to their business/services/community. Training in the use of the Adaptation Toolkit is expected to be available towards the end of 2012-2013.
The City recently presented to Council’s in south west of Victoria as part of the Climate Resilient Communities in the Barwon South West Program. The presentation informed other Council’s of CoGG’s climate change adaptation process undertaken to date and assisted with building the capacity of other Council’s in the area of climate change adaptation planning. RMIT also invited CoGG to speak at a climate change adaptation networking group. The group consisted of State and Local Government representatives and research organisations. The feedback from this presentation indicated that Geelong is demonstrating leadership in the area of climate change adaptation.
As part of the ecoCHALLENGE the City is working to reduce energy use and greenhouse emissions in our operations to help reduce our environmental footprint. Greenhouse actions this quarter have included:
The Community Sustainability Program is a City of Greater Geelong endorsed program that offers Geelong residents a range of energy and water saving products including; solar electricity, solar hot water, LED lighting, insulation, rain water tanks and more at a competitive price.
After having gone through an extensive Registration of Interest process, EnviroGroup has been selected to deliver the program for a minimum of two years and are aiming to have a retail outlet to support the Geelong program. The program will be the first of it’s’ type for the City and provides an excellent opportunity to extend on the work undertaken as part of the ecoCHALLENGE into the community.
The Sustainability Unit has worked closely with environmental consultants to prepare corporate emissions data to be submitted as part of CoGG’s reporting requirement under National Greenhouse and Energy Reporting (NGERs). All energy (electricity & gas) and fleet related emissions have been verified and consolidated in conjunction with landfill related emissions to be reported on for the 2012-2013 financial year.
Site maintenance at the ReGreening Site at Newtown has been undertaken as part of the sites establishment period. During this stage it is important that weeds and other pests are kept to a minimum to ensure the site thrives as a carbon sink.
At the meeting of Council (11 September 2012), City of Greater Geelong Councillors agreed to adopt a new Sustainable Building Policy. The policy sets out minimum sustainability standards for council’s new buildings, renovations and retrofits of existing buildings, building maintenance and minor upgrades.
The Policy outlines various design, construction and operational techniques that will result in improved energy efficiency, reduced greenhouse gas emissions, water conservation, reduced natural resource consumption, increased re-use and recycling, waste avoidance, pollution prevention and enhanced biodiversity.
The changes will not only reduce the City’s impact on the environment but also provide economic benefits and reduce the overall building costs. The city will also join the Green Building Council of Australia to access staff training and valuable sustainable building information resources.
Finishing touches are now being made on the major water recycling project in Eastern Park, in time to be completed and the area reopened to the public later this year. The stormwater harvesting project will take the form of a man made lake in Eastern Park, which will be designed to look like a natural part of the landscape. The project will save approximately 30 million litres of mains drinking water a year, recycling stormwater and using it to maintain the Geelong Botanic Gardens. The Geelong Botanic Gardens is in the top five water users for the City, and this project will be able to supply around 90 per cent of the gardens’ water demands.
The ’Rethink Your Rubbish’ program continues to be a success with a number of initiatives held during the last quarter. A free boot load voucher was also included in this year’s rate notice. The community have also been notified of new items that were added to the list of items accepted in the household recycling collection.
A Chemicals Drop Off Day will be held in November 2012. The chemical collection day helps residents dispose of their old and unwanted chemicals in an environmentally responsible way. Among the types of unwanted household chemicals accepted for disposal are household chemicals, garden chemicals, automotive chemicals, workshop chemicals and other miscellaneous items such as extinguishers, gas cylinders up to 9kg, swimming pool chemicals and mercury batteries.
There are several actions under the Sustainable Built and Natural Environment Strategic Direction within City Plan that aim to increase the use of public and active transport within the municipality, reduce the organisation’s environmental footprint, enhance and protect our natural areas, and develop a Climate Change Adaptation Strategy.
The City’s Annual Budget provides the Resource Plan to support the initiatives identified within the adopted Annual Business Plan.
The City’s external auditors will undertake a Performance Audit of the planned Key Strategic Activities and prepare a report as part of the ‘sign off’ of the Annual Accounts.
There is no conflict of interest to be disclosed.
The risks arising from the Actions are managed within the framework of the City’s adopted Policies, Procedures and Risk Management strategies.
Several of the actions identified within City Plan are aimed at improving the quality of life for the residents in the City of Greater Geelong. This is particularly the case for actions within the Community Wellbeing Strategic Direction.
The outcomes arising from the Performance Audit will be published in the City’s Annual Report for 2012-2013 that will be submitted to the Minister for Local Government.
Portfolio: |
Transport & Infrastructure/Parks & Gardens |
Source: |
City Services - Emergency Management & Fire Prevention Unit |
General Manager: |
Gary Van Driel |
Index Reference: |
Subject: Emergency - Fire; MEMPlan |
This report informs Council on two guides recently released by the Municipal Association of Victoria (MAV) that outline the roles and responsibilities of Chief Executive Officers (CEO), Mayors and Councillors prior to, during and following an emergency event;
The guides were developed by the MAV as part of the MAV’s Improving Emergency Management in Local Government program – Capability Building project which aims to develop tools, resources, programs and activities that improves the local government sector capability, capacity and performance in emergency management;
The guides have been developed as a resource that:
Explains the municipal role in emergency management
Defines the role of the elected officials, the Chief Executive Officers (CEOs), senior officers and other staff;
Provides a role statement to guide and support their actions
These guides have been included within the 2012 update of the Municipal Emergency Management Plan (MEMPlan);
The MEMPlan is a document that is developed and maintained by the multi agency Municipal Emergency Management Planning Committee. Both the Committee and the development of the MEMPlan are statutory requirement along with the appointment of a Municipal Emergency Resource Officer (MERO) under the Emergency Management Act 1986;
Cr Nelson moved, Cr Macdonald seconded -
That the report be deferred.
Carried.
Portfolio: |
Environment & Sustainability |
General Manager: |
Gary Van Driel |
Index Reference: |
Subject: Environmental Management - Barwon Regional Waste Management Group and Waste Strategies |
Regional waste management groups across Victoria are required by legislation to prepare a three year business plan to guide their operations. This business plan is consistent with the broader State Government objectives in waste reduction and requires approval by the Minister for Environment and Climate Change to legitimize the operations of each group.
Member Councils, while not required to approve this plan, have input through a consultation process involving the Council nominated directors to the Board of the Region and Council waste management officers.
The Barwon Regional Waste Management Group Business Plan 2012-13 to 2014-15 has now been finalised and approved by the Minister.
The Plan identifies the four key target areas of:
reduced waste and increased resource recovery
organics recovery
increased community engagement, and
sustaining core functions, and
lists fifteen strategies of which some seven may be of direct interest to this Council. These are listed in the body of this report. A copy of the Plan has previously been circulated to Councillors and may be accessed on the Barwon Region Waste Management website.
Council’s governance and audit processes rely upon the annual endorsement of this Plan to formally support the actions of the Group and in particular the Council’s annual contribution to the Barwon Regional Waste Management Plan Annual Program.
This Program includes a list of specific waste management projects, as outlined on pages 16 and 17 of the Plan. The total value of the program for 2012/13 is $125,000 with the City’s contribution of $93,000. This amount has been allocated in the current Council budget.
Prior to the payment of Council’s contribution the Group will be required to provide a detailed status report of project actual costs and progress from the previous year and complete a Council funding agreement.
Cr Richards moved, Cr E Kontelj seconded - That Council endorse the Barwon Regional Waste Management Group Three Year Business Plan 2012-13 to 2014-15.
Carried.
Regional waste management groups across Victoria are required by legislation to annually prepare a three year business plan to guide their operations. This business plan is consistent with the broader State Government objectives in waste reduction and requires approval by the Minister for Environment and Climate Change to legitimize the operations of each group.
The Barwon Regional Waste Management Group member Councils, while not required to approve this Plan, have input through a consultation process involving the Council nominated directors to the Board of the Group and Council waste management officers.
The Barwon Regional Waste Management Group Business Plan 2012-13 to 2014-15 has now been finalised and approved by the Minister. A copy of the Plan has previously been circulated to Councillors and may be accessed at Barwon Region Waste Management website.
The Plan identifies the four key target areas of:
reduced waste and increased resource recovery
organics recovery
increased community engagement, and
sustaining core functions
and lists fifteen strategies, the following seven of which may be of direct interest to this Council:
review of the Regional Waste Management Plan, including a landfilling schedule
research the opportunity for alternative resource recovery technologies
identify sites for future alternative resource recovery facilities
develop a regional resource recovery centre (transfer station) strategy
increase recyclables recovery from the household kerbside collection service
deliver comprehensive education programs focussed on resource efficiency, recovery and litter
facilitate the development of clean fill sites throughout the region.
For each of the strategies proposed actions are identified and include such actions as:
Education and Promotion
Maintenance and Operation of Education Centre
Construction and Demolition/Business Program
Resource Smart AUSSI Vic Schools
Community Grants
Regional Timber Market Development Strategy
Organics processing at Alvie Landfill Colac – GOSIP project
Regional Transfer Station Review
The Plan outlines actions and includes operational and program budgets for the three year period. More specifically the Plan includes the budget for the Barwon Regional Waste Management Plan Annual Program. For 2012-13 the total value of this Program is $125,000 of which this Council is requested to contribute $93,000. This is the only financial contribution from Council to the Region.
Council’s governance and audit processes rely upon the annual endorsement of the Three Year Business Plan to formally support the actions of the Group and to authorise the payment of Council’s contribution.
Council’s audit process also requires the Region to sign a funding agreement and to provide a detailed status report on the previous year’s program prior to payment being made.
The activities and strategic direction of the Barwon Region are broadly determined by the State Government Sustainability in Action – Towards Zero Waste strategy, as translated into the Barwon Regional Waste Management Plan. The latest version of this Plan was prepared in 2006 and is now due for review. The Three Year Business Plan provides for an annual review of the Region’s activities and strategic direction against the Regional Plan and more specifically sets out the actions to be undertaken in the first year of the Business Plan.
The Business Plan reinforces the Group’s position in pursuing waste minimisation and environmental protection best practice and is supportive of Council’s recently adopted strategic position to ‘focus upon the consolidation of its existing waste services while observing and positioning itself to take advantage of opportunities to process additional waste materials should proven means of processing be identified’.
Consideration and approval of the Business Plan, and in particular the actions in the first year of the Plan, is the single annual formal endorsement process for the Council’s involvement as a member of the Regional Group, other than the approval of the Regional Waste Management Plan upon its preparation or review at five year intervals.
The continuation of the close co-operation of the Group and Council is essential to maximise any beneficial environmental outcomes. Approval of the Business Plan will facilitate this.
Council’s 2012/13 annual budget includes an allocation for the contribution to the Group’s Annual Program.
There are significant environmental benefits to be gained for the Geelong community through supporting this Business Plan. It will assist in promoting best practice in waste management, in particular waste reduction, resulting in a sustainable environment and improved quality of life.
As indicated above, approval of the Plan is the prerequisite to payment of Council’s contribution to the Group’s Annual Program. Final payment is also subject to the provision of a report on the previous Program and is formalised through the completion of a Council funding agreement.
No Council officers have any direct or indirect interest in this matter, in accordance with Section 80(C) of the Local Government Act.
The Business Plan, in conjunction with the Regional Waste Management Plan and Council’s strategic waste and environment plans, provides a strategic direction that minimises the forward planning risk to Council.
In terms of accountability of the Group the Plan outlines the Group’s direction for operations and for the preparation and implementation of programs. From this, and the processes involved in the supervision of the actual programs, Council can be confident that the Group is legitimately pursuing its stated strategic direction.
The Geelong community has shown its support for waste reduction initiatives by embracing the three bin residential collection system and through the various surveys that indicate high levels of satisfaction with Council’s waste management initiatives while acknowledging the importance of these services.
Continuing to work with the Barwon Region and assisting with the programs outlined in the Three Year Business Plan will help maintain the current momentum and assist in meeting the community’s expectations.
There are no communications issues as a result of the recommendations in this report.
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