Minutes of the Ordinary Meeting of the Greater Geelong City Council held at the Council Conference and Reception Centre in City Hall, 57 Little Malop Street, Geelong on 28 April 2020, commencing at 7:00pm.
Cory Wolverton
Jennifer Tilleard
Sanja Van Huet
Councillors:
S Asher (Mayor)
A Aitken
K Grzybek
B Harwood
E Kontelj
S Mansfield
J Mason
P Murnane
P Murrihy
T Sullivan
M Cutter ( Chief Executive Officer)
R Leonard (Director Governance, Strategy and Performance)
The Deputy Mayor declared the meeting open at 7:00pm.
Council acknowledged Wadawurrung Traditional Owners of this land and all Aboriginal and Torres Strait Islander People who are part of the Greater Geelong community today.
A one minute’s silence was observed by Council in recognition of the deaths of four police officers: Leading Senior Constable Lynette Taylor, Senior Constable Kevin King, Constable Joshua Prestney and Constable Glen Humphris who were tragically killed in a car crash on the Eastern Freeway in Melbourne on Wednesday, 22 April 2020, whilst in the line of duty.
Nil.
Councillor Sullivan moved, Councillor Nelson seconded -
That Leave of Absence be granted to Councillor Stephanie Asher (Mayor) from 1 – 7 May 2020, inclusive.
Carried.
Councillor Mansfield moved, Councillor Mason seconded –
That Councillor Grzybek be appointed as Acting Mayor for the period 1 – 7 May, 2020, inclusive.
Carried.
Councillor Kontelj moved, Councillor Mason seconded -
That the Minutes of the Ordinary Meeting held on 24 March 2020 be confirmed.
Carried.
Nil.
The following questions were submitted prior to the Council meeting from Cory Wolverton, Jennifer Tilleard and Sanja Van Huet. Responses addressing their concerns have been provided via email.
Cory Wolverton asked the following in relation to the ward structure:
The Geelong Council was sacked in 2016 due to internal culture issues. Our community chose the current multi-member ward structure. Single member wards are an attack on democracy, are set up to limit minorities, women and independents elected to council. Even in times not such as these, it would appear difficult (given Council elections are in October) to implement a new ward structure, boundaries and voting system.
I would like to ask why, in this time of disruption and uncertainty, would Geelong Councillor & Deputy Mayor Kylie Grzybek, attempt to move a motion to fast track single-member wards?
Response:
Thank you, Cory, for your question.
Council operates in accordance with the Local Government Act.
On the 22 April 2020 the Minister for Local Government announced that a single member ward structure will apply for the 2024 City of Greater Geelong General Election.
The Minister introduced single member wards to simplify existing structures and to ensure greater equality between wards, reflecting genuinely local representation and in line with the way members of Parliament are elected.
Jennifer Tilleard sked the following om relation to the ward structure:
Would the Council clarify their position on the Local Government Act 2020 which would implement Single Councillor Wards? All evidence suggests that a return to Single Councillor Wards would be a retrograde step resulting in the Geelong Council becoming less representative of the diverse community it serves. In 2016 a Commission of Inquiry was set up after the dismissal of the Geelong Council.
This Commission found that a significant number of Councillors appear to be preoccupied with their individual ward interests rather than the City as a whole, and have shown little capacity to work constructively together and consequently recommended that the individual Councillor ward electoral system be replaced with multi-councillor wards to share representative responsibilities.
The Citizens Jury of 2016 recommended to State Parliament that Geelong Council be composed of eleven councillors elected to represent four wards with three councillors in three wards and two councillors in one ward. After an extensive review process, the 2016 Victorian Electoral Commission review of Geelong Council, recommended replacing single Councillor Wards with Multi Councillor Wards. Multi-Councillor Wards were only established in 2016 and have allowed for more democratic representation because multiple Councillors are better able to provide for the diverse interests of voters in a large or complex ward. In a Multi Councillor Ward Councillors are elected by Proportional Representation?
Response:
Thank you, Jennifer, for your question.
Council operates in accordance with the Local Government Act.
On the 22 April 2020 the Minister for Local Government announced that a single member ward structure will apply for the 2024 City of Greater Geelong General Election.
The Minister introduced single member wards to simplify existing structures and to ensure greater equality between wards, reflecting genuinely local representation and in line with the way members of Parliament are elected.
Sanja Van Huet submitted the following regarding planning permits:
I write in support of residents regarding 79-175 Harvey Road St. Leonards, under Planning Permit 1059/2013.
City of Greater Council representatives have been repeatedly advised by residents of breaches to this Planning Permit since 11 June 2019.
To date, no apparent action has been taken to either stop or prevent the breaches or to protect the area under the planning permit. The latest breach was on Easter Tuesday when mature and significant trees were removed, without on-the-spot inspections for the presence and removal of native fauna.
These trees were known roosting trees for a local mob of endangered black cockatoos.
When will the breaches be addressed? When will real action be taken by Council against the developers, including retrospective breaches?
Response:
Thank you, Sanja, for your questions.
Officers have responded and will continue to respond to any complaints in relation to compliance with the Planning Permit.
Apparent Breaches: No inspection by specialists prior to the removal of significant roosting trees Native vegetation assessment not undertaken considering significant remnants of native trees no faunal protection management plan for the site or appropriate action plan other issues, known by City of Greater Geelong Council, but not addressed or yet acted on: Removal of the biodiversity sign by the developer in 2019.
Council were made aware by the recent ‘Owlfred’ signage campaign on Bay-FM and Geelong Advertiser, but has not yet been replaced and there is no indication that the developers have been contacted about this. The Development Permit is outdated and needs to be revisited in acknowledgement of the areas biodiversity and natural significance. The Development Applications were submitted and approved in 2014, with other documentation dating from 2011, all now out of date. 79-175 Harvey Road, St. Leonards is an area where a development approval would not be granted now due to the significance of the area.
The concerned residents were advised by a representative of the City of Greater Geelong that there was ‘no mechanism in the City’s planning to review out of date permits and no sunset agreements.
Will Council revisit sunset clauses in view of the remaining significant areas in the whole municipality?
Response:
There is no mechanism for Council to revisit past planning approvals to reflect current day best practice. At the time of the rezoning and associated planning permit, Council and the State Government assessed the proposal against the relevant permissions of the day.
Applications are assessed on their merits against the relevant requirements of the day. There are no sunset clauses. If a planning permit was to expire, a new application would need to be lodged and it would be assessed against the current day requirements.
This is not the first time the developers have breached Council rules over biodiversity protection overlays, planning permit breaches and a lack of Council action to protect significant areas and act on developers who breach these rules. This ties in with Council’s poor record in terms of biodiversity protection and rampant and inappropriate over-development in areas of significance.
List of email correspondence: (Phone conversations were also held regarding this matter) 11 June 2019 from Hugh Griffiths to DC (name withheld due to confidentiality) 26 June 2019 From DC to Hugh Griffiths cc Gareth Smith, Trevor Prowd, Jim Mason 2 July 2019 Hugh Giffith to DC cc Gareth Smith, Trevor Prowd, Jim Mason, Joanne van Salgeren 21 April 2020 from Lynne Donnelly to Leon Websdale cc to Hugh Griffith 21 April 2020 from Leon Websdale to Lynne Donnelly cc April Meddick 23 April 2020 From Lynne Donnelly to Leon Websdale.
When will the City of Greater Geelong Council show they are actively opposed to these breaches, in all regions of the municipality and take legal steps to prosecute developers who breach planning regulations? Obvious land banking must be stopped.
Response :
Each alleged breach of the planning scheme or breaches of condition on permits and endorsed plans across the municipality are investigated by our Planning Investigations officers who assess the breach and respond accordingly.
Applications to rezone land to accommodate residential development are assessed on their merits at that time.
Nil.
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