Council
Meeting
on
Monday 13 May 2024 at 7.00pm
To be held in the
Council Chamber
Nunawading Civic Centre
Members: Cr Denise Massoud Mayor
Cr Andrew Davenport Deputy
Mayor
Cr
Blair Barker
Cr
Raylene Carr
Cr
Prue Cutts
Cr
Mark Lane
Cr
Tina Liu
Cr
Amanda McNeill
Cr
Andrew Munroe
Cr
Trudy Skilbeck
Cr
Ben Stennett
|
Recording of Meeting and Disclaimer
Please note every Council Meeting (other than items deemed
confidential under section 3 (1) of the Local Government Act 2020) is
being recorded and streamed live on Whitehorse City Council’s website
in accordance with Council's Live Streaming and Recording of Meetings Policy.
A copy of the policy can also be viewed on Council’s website.
The recording will be archived and
made publicly available on Council's website within 48 hours after the
meeting on www.whitehorse.vic.gov.au for a period of three years (or as
otherwise agreed to by Council).
Live streaming allows everyone to
watch and listen to the meeting in real time, giving you greater access to
Council debate and decision making and encouraging openness and transparency.
All care is taken to maintain your privacy; however, as a
visitor in the public gallery, your presence may be recorded. By remaining in
the public gallery, it is understood your consent is given if your image is
inadvertently broadcast.
Opinions expressed or
statements made by individual persons during a meeting are not the opinions
or statements of Whitehorse City Council. Council therefore accepts no
liability for any defamatory remarks that are made during a meeting.
|
Council Meeting Agenda 13
May 2024
AGENDA
1 Welcome
Prayer for Council
|
We give thanks, O God,
for the Men and Women of the past whose generous devotion to the common good
has been the making of our City.
Grant that our own
generation may build worthily on the foundations they have laid.
Direct our minds that
all we plan and determine, is for the wellbeing of our City.
Amen.
|
Acknowledgement of Country
|
Whitehorse City Council
acknowledges the Wurundjeri Woi-wurrung people of the Kulin Nation as the
Traditional Owners of the land we are meeting on and we pay our respects to
their Elders past, present and emerging and Aboriginal and Torres Strait
Islanders from communities who may be present today.
|
2 Apologies
3 Disclosure
of Conflicts of Interest
4 Confirmation
of Minutes of Previous Meeting
Minutes of the Council Meeting 29 April 2024
|
RECOMMENDATION
That the minutes of the
Council Meeting 29 April 2024 be confirmed.
|
5 Urgent
Business
6 Public
Presentations
7 Public
Question Time
8 Petitions
and Joint Letters
8.1 Strabane
Avenue - Tyrell St Crossover, Mont Albert North
1. A
petition requesting that the crossover requires assessment by Council has been
received and signed by 130 signatories in support.
2. The petition request is as
follows:
“We
the undersigned, request that Council; Attend the site of Tyrell Street & Strabane
Avenue, Mont Albert North to meet residents, discuss and assess the importance
of the old pedestrian crossover. The crossover presented as vehicle driveway
and had been used by Pedestrians & Cyclists for over 40 years.”
|
RECOMMENDATION
That
the petition be received and referred to the Director City Development for
appropriate action and response.
|
9 Notices
of Motion
10 Council
Reports
10.1 Mirrabooka
Reserve Pavilion Development Update
|
Department
|
Leisure and Recreation Services
Director Community Services
|
Attachment
SUMMARY
Mirrabooka Reserve in
Blackburn South is home to Blackburn New Hope Football Club and the Blackburn
South Cricket Club, who with a combined membership of 700 players occupy the
Mirrabooka Reserve Pavilion which is currently planned for renewal.
This report provides
background information on the Mirrabooka Reserve site and planning undertaken
to date towards the delivery of the Pavilion redevelopment.
|
RECOMMENDATION
That Council
1. Notes the
budget allocation for the Mirrabooka Reserve Pavilion redevelopment is $7
million and that Concept Design option 1 presented in this report meets the
budget threshold.
2. Notes that
Concept Design Option 2 presents a better outcome for stakeholders and
community through increased capacity and flexible use and is likely to exceed
the current budget allocation.
3. Endorses Concept Design Option 2 to
progress to detailed design and receive a further report on this design and
the estimated cost.
|
Project Background
Mirrabooka
Reserve in Blackburn South is an important sporting precinct situated across
both Council and Department of Education (DoE) land and is located adjacent to
Orchard Grove Primary School and Aurora School. It is home to the Blackburn New
Hope Football Club (500+ playing members) in winter and the Blackburn South
Cricket Club (200+ playing members) in summer as well as a number of other
secondary user groups throughout the year.
The site
(as pictured below) consists of:
- Four sports fields (west, north
and mid owned by DoE, south owned by Council), configured as six soccer fields
in winter.
- Sports pavilion (approx. 300m2)
- 58 car spaces and one disabled
car space
- Cricket training nets (three
bays)
- Open space and natural
vegetation
Figure 1.
Mirrabooka Reserve Site Aerial Image, land ownership shown indicatively.
The
need for a pavilion upgrade has been identified by the tenant clubs over a
significant period of time as the existing facility is not adequate to support
the club’s participation growth. Both clubs utilise multiple ovals /
soccer pitches concurrently for matches and training.
This is
most evident in winter when Blackburn New Hope hosts home matches for two or
three female senior teams while managing concurrent fixtures of its ten male
senior teams.
A
budget of $7 million has been allocated for this project consisting of
contributions from the Australian Government ($2M), State Government ($3M) and
Council capital works ($2M).
Construction is expected
to commence in late 2025 and is to be completed by the end of 2026. A temporary
facility will be installed prior to commencement of the pavilion’s
construction for the sporting clubs to use to support ongoing training and
competition.
Redevelopment of the Mirrabooka Reserve pavilion aligns with
the strategic directions of the Council Plan, in particular:
Strategic Direction 4, Movement, and public spaces,
4.1.1: Plan, build, renew and maintain community assets and
facilities to meet current and future service needs in an environmentally,
financially, and socially sustainable way.
Strategic Direction 6, Empowered Collaborative community,
6.1.2: Council will listen and be responsive to Community
suggestions and feedback.
Strategic Direction 7, Health, and Wellbeing,
7.1.1: Provide accessible services and programs.
7.3.4: Promote participation in local sporting opportunities.
background
Discussion and
Options
Concept
Design and Cost Estimate
Two
concept design options have been developed to inform the delivery of this
project. Concept Design Option 1 (Attachment 1) has been developed taking
stakeholder feedback into consideration and in line with the available budget.
Table 1
captures key functions and rooms included in this option and associated cost
estimate.
Table 1. Option 1 Key
Functions and Rooms
|
Total
Area
|
Social / Community Space
|
Change Rooms
|
Toilets
|
External Storage
|
Other
|
Total Cost Estimate
|
|
922m2 incl. covered outdoor area
|
100m2 + kitchenette (3m2)
|
6 x Unisex
2 x Umpire
with adjoining amenities
|
Male (16m2)
Female (16m2)
Accessible (6m2)
Public accessible (8m2)
|
2x 31m2
1x 10m2
|
Kiosk / Kitchen (30m2)
Social Storage (14m2)
First Aid (16m2)
|
$7,000,000
excl. GST
|
This
design includes internal operable walls to provide flexibility of use
throughout the change rooms and social space, as well as external connections. This
design approach has been implemented for pavilions at Bennettswood Reserve,
Heatherdale Reserve and Springfield Park.
A timed
public facing toilet is included within the building footprint for public
precinct use, opening hours will be further explored during the design
development. Male and female toilets provide flexible use during social room
events and when the social room is not available.
The
concept design includes an extended roof line to provide shade in summer and
shelter during winter for parents, family, and the public. Drinking fountains,
wash, and water bottle filling stations are to be considered for incorporation
into the perimeter of the pavilion through the detailed design process.
A second
option has been developed further noting stakeholder feedback particularly in
relation to the size of the social space and to provide a better outcome for
the broader community through additional social and flexible community space.
This option is referred to as Concept Design Option 2 (Attachment 2).
Table 2 reflects space provision included in Concept Design Option
2 and an estimated cost of $7,785,000 which exceeds the current project budget
of $7M.
Table 2. Option 2 Key
Functions and Rooms
|
Total
Area
|
Social / Community Space
|
Change Rooms
|
Toilets
|
External Storage
|
Other
|
Total Cost Estimate
|
|
1035m2 incl. covered outdoor area
|
200m2 + kitchenette (4m2) that can
be divided into two rooms of 160m2 and 40m2
|
6 x Unisex
2 x Umpire
with adjoining amenities
|
Male (16m2)
Female (16m2)
Accessible (6m2)
Public accessible (8m2)
|
2x 31m2
1x 8m2
|
Kiosk / Kitchen (30m2)
Social Storage (14m2)
Internal Storage (10m2)
First Aid (16m2)
|
$7,785,000
excl. GST
|
There
are a number of site constraints that have been taken into consideration with
both design options and will need further assessment during detailed design
process including the position and orientation of the sports ground to the
east, site title boundary to the west, sloping ground to the south and car park
entry road to the north.
Whitehorse Football (Soccer)
Participation
Football
(Soccer) participation has steadily increased within Whitehorse Council over
the recent years and is expected to continue to rise in popularity given recent
success of the Australian female national team and hosting of the 2023 FIFA
Women’s World Cup.
The
sport has already rebounded in full to pre-pandemic participation levels and
Council officers have experienced a record amount of allocation requests from
soccer clubs in the recent Winter 2024 seasonal allocations process.
Temporary
Amenities Update
For the clubs to continue to operate
throughout the lifespan of this project, temporary change facilities are to be
provided. Planning for these works is underway.
The
project is on track for delivery before the end of June 2024 subject to permits
approvals (building and planning).
Refer to
Attachment 4 and 5 for siting and design plans of the temporary change rooms.
Mirrabooka Reserve Joint Use
Agreement Update
The joint use agreement for the site is in negotiation
with the Department of Education. Execution of the long-term agreement will
provide certainty for Council and enable sports field and lighting upgrades to
realise the full participation potential of the site supported by the scope of
the upgraded pavilion. Information is included here as background information.
Further
negotiation with DoE is being undertaken (including engagement with the schools
in mid-April) and is at a draft stage before they formally issue the JUA to all
parties (Orchard Grove Primary School, Aurora School, Minister for Education
and Council) for review and execution in the future.
SUPPORTING
REPORT DETAILS
Legislative and
Risk Implications
There are no legal or risk implications
arising from the recommendation contained in this report.
Equity, Inclusion, and Human
Rights Considerations
In
developing this report to Council, the subject matter has been considered in
accordance with the requirements of the Charter of Human Rights and
Responsibilities Act 2006.
It is considered that the
subject matter does not raise any human rights issues.
Community Engagement
Community
engagement has been initiated on the Pavilion Development. In addition, the
Mirrabooka Reserve and Orchard Grove precinct masterplan project consultation
is currently open and will run until 6th May with the community pop up event
held on 20 April.
The
engagement survey considers the precinct masterplan and the pavilion
development. https://yoursay.whitehorse.vic.gov.au/blackburn-south
The
community consultation page has been established with two landing pages, so
that community feedback can be separated for Masterplan and pavilion
initiatives.
Precinct
stakeholders have been consulted through the design and development process.
Financial and Resource Implications
The budget approved for the pavilion
development is $7 million, supported by $5 million of external government
funding (combined $3 million State and $2 million Federal) and $2.0 million
from Council.
Cost plans have been received from the quantity surveyor for
the two schemes which inform the costs shown in the following tables.
Option 1 Cost Plan:
|
Probable Cost March 2024
(ex GST)
|
|
$7,000,000.
Option
1 is expected will be in line with the budget allocation.
To achieve budget the project will need to be tightly value managed
throughout the design development phase.
|
Cost Plan for Option 2:
|
Probable Cost March 2024
(ex GST)
|
|
$ 7,785,000.
Option 2 exceed the budget
allocation.
To minimise project costs
and additional budget requirements, the project will need to be tightly value
managed throughout the design development phase.
|
Innovation and Continuous Improvement
Modular
Construction:
Council officers have examined the opportunities
for undertaking a modular construction methodology for this pavilion project.
Modular construction is an alternative building methodology, which focuses on a
fast track and standardised construction process to meet an immediate or
emerging need. Modular design layouts are dependent on a standard grid system,
which is determined by factory buildability and transport requirements to site.
The modular fabrication reduces the time and disruption on site, but allowances
need to be made for the offsite fabrication as part of the overall delivery
program.
When
applied to the Mirrabooka Pavilion project objectives, there would be
advantages in reduced disruption through a shorter onsite assembly period.
However, the neutral cost benefit, combined with the reduced lifecycle
expectation for Modular buildings, and reduced flexibility options for
community use raise significant concerns for this methodology.
Given
the importance of the multi-purpose usage objective for both community and
sporting activities through flexible and multi-use design, it is not considered
advantageous to apply a modular construction methodology to this project.
Consultation
Page:
The
community consultation page has been established with two landing pages, so
that community feedback can be separated for masterplan and pavilion
initiatives.
Collaboration
Precinct
stakeholders have been consulted through the design development process.
Conflict of
Interest
The Local
Government Act 2020 requires members of Council staff, and persons engaged
under contract to provide advice to Council, to disclose any direct or indirect
interest in a matter to which the advice relates.
Council
officers involved in the preparation of this report have no conflict of
interest in this matter.
Conclusion
In conclusion, Concept Design Option 2 presents a better outcome for
stakeholders and community through increased capacity and flexible use and is
likely to exceed the current budget allocation. It is recommended that Concept
Design Option 2 progress to detailed design and at the appropriate time, a
further report inclusive of estimated costs be presented for Council’s
consideration.
Attachment
1 Concept Plan Option 1
2 Concept Plan Option 2
3 0030013087 -
Temporary Amenities 
4 2318_03 A3 -
Temporary Amenities 
10.2 Significant
Hedge Maintenance Policy 2024
|
Department
|
Community Safety
Director City Development
|
Attachment
SUMMARY
On 28 August 2023 Councillors requested
further information and community consultation for an amended Significant Hedge
Maintenance Policy (Policy). The original Policy was adopted by Whitehorse in
2021.
A review of the current Policy
demonstrated that it has been effective and aligns with existing legislation,
such as the Whitehorse City Council's Community Local Law 2014 and the
Disability Discrimination Act 1992. However, there were two areas of
improvement identified which were:
1. Defining a hedge
as a cypress
hedge.
2. Adding a
section that property owners could make application to widen the
footpath, at the full cost of the property owner.
|
RECOMMENDATION
That Council adopts the Significant Hedge Maintenance Policy
2024.
|
Key Matters
By amending the current Policy to
include the two identified improvements, the Policy can more effectively
achieve its goals of ensuring safe and accessible pedestrian pathways while
balancing the environmental and aesthetic benefits of hedges in the community
by giving property owners options where hedges are encroaching the footpath and
have complexities surrounding maintenance.
SUPPORTING
REPORT DETAILS
Legislative and
Risk Implications
The policy is unique among Victorian
Councils as benchmarking showed only one other identified specific hedge policy
exists. Councils that were benchmarked managed hedges as overhanging vegetation
under the Local Law and there were no options for footpath widening.
It is crucial to ensure that the Policy
remains aligned with relevant legislation, such as the Disability
Discrimination Act 1992 and the Local Law. Failure to comply with legal
requirements could expose Council to potential risk, legal challenges and
liabilities.
Equity, Inclusion, and Human
Rights Considerations
In developing this report to Council,
the subject matter has been considered in accordance with the requirements of
the Charter of Human Rights and Responsibilities Act 2006.
It is considered that the subject matter
does not raise any human rights issues.
Community Engagement
Overall, the community consultation
reflects a range of perspectives regarding the management of hedges and
footpaths.
· 63% of submissions
supported a permit system allowing property owners to widen footpaths where
appropriate, at full cost of the property owner.
· 26% of respondents lived in Mont Albert
· 50% of submissions agreed that the draft Policy balances preserving the health of significant hedges
while also keeping footpaths and public spaces accessible, however the other
50% of submissions did not agree with this statement.
Other key findings
included:
1. Safety
Concerns: Many
respondents expressed concerns about hedges obstructing footpaths, making it
difficult for pedestrians, especially those with mobility issues or
disabilities, to navigate safely. Some argue that any deviation from a straight
footpath poses a significant safety hazard and that maintaining clear footpaths
should be a priority.
2. Appreciation
for the aesthetic value of hedges: Several respondents highlight the beauty
and value of hedges, emphasizing their importance in contributing to the
character and charm of the neighbourhood.
3. Environmental
Concerns: Acknowledgment of the environmental benefits provided by hedges
and the importance of balancing preservation with safety and accessibility
concerns.
4. Permit Process: Suggestions for a simplified,
user-friendly permit process that facilitates easy application.
Financial and Resource Implications
There
are no financial or resource implications arising from the recommendation
contained in this report.
Innovation
and Continuous Improvement
There
are no Innovation and Continuous Improvement matters arising from the
recommendation contained in this report.
Collaboration
No
collaboration was required for this report.
Conflict of
Interest
Council
officers involved in the preparation of this report have no conflict of
interest in this matter.
Conclusion
Officer
recommendation is that the Significant Hedge Maintenance Policy Draft is
adopted by Council with an implementation date of 1 July 2024.
Attachment
1 Significant Hedge
Maintenance Policy 2024
10.3 Suburban
Rail Loop - Draft Key Directions for Precinct Structure Plans
|
Department
|
City Planning and Development
Director City Development
|
SUMMARY
The
purpose of this report is to provide an update regarding the Suburban Rail Loop
(SRL) Draft Key Directions for the Precinct Structure Plans (PSP).
On
Sunday 28 April 2024 the Suburban Rail Loop Authority (SRLA) released Draft Key
Directions for the six new SRL stations.
The SRLA
has proposed a set of key directions for the broader precinct around each
station that seek to address current and emerging challenges and meet the
demand for greater housing choice and the needs of a growing population.
This report
summarises the draft Key Directions for Box Hill and Burwood.
|
RECOMMENDATION
That Council note this report.
|
Key Matters
The key
matters relevant to this report are:
· The SRLA commenced
the PSP process for each new SRL station with the public release of the
‘Precinct Discussion Paper’ in August 2023.
· Council considered
a report regarding the Discussion Paper on 23 October 2023 and endorsed a
submission that was subsequently lodged with the SRLA.
· In December 2023
the SRLA released the Draft Precinct Visions for Box Hill and Burwood.
· In February 2024
Council endorsed a submission to the Draft Precinct Visions which was lodged
with the SRLA.
· The SRLA has now
released draft Key Directions for each station precinct. The SRLA is inviting
feedback until 30 June 2024.
Strategic Alignment
The
Council Plan calls for advocacy about transport, health, environmental,
economic, social and wellbeing improvements. Council officers continue to
have discussions with the SRLA about these matters as they relate to the PSP
process.
Policy
Extensive
information has been provided to the SRLA regarding Council documents,
including existing and draft structure plans. The documents are based on robust
community engagement and Council officers have consistently stated that the
SRLA should consider them as a reflection of the community and Council views.
background
The PSP
process commenced with the release of the ‘Precinct Discussion Paper’
in mid-2023. Council endorsed a submission regarding the Discussion Paper at
its meeting on 23 October 2023. While a verbal briefing was provided by the
SRLA representatives to Councillors on 30 January 2024, no formal response to
Council’s previous submission has been received.
The
Draft Precinct Visions were released for public comment in December 2023.
Council endorsed a submission regarding the Precinct Visions at its meeting on
26 February 2024. No formal response to Council’s submission has been received.
The
Draft Key Directions were released on 28 April 2024 for public comment until 30
June 2024.
Discussion and Options
The
release of the Draft Key Directions is the next step in developing the Precinct
Plans around each of the SRL stations. The Draft Key Directions can be
found online at https://www.srleastvisions.com.au/
Each of
the six station precincts have the same key direction themes:
· Boosting
the economy
· Enriching
community
· Better
connections
· Enhancing
place
· Empowering
sustainability
The
following outlines the Draft Key Directions for Box Hill and Burwood prepared
by the SRLA.
Box Hill
Boosting the Economy
· Ensure the Box
Hill Precinct will have enough office space to accommodate significant
employment growth, especially near to the centre.
· Ensure sustainable
growth of health and education services in the Precinct.
· Extend activity
and services right across the Precinct to support local living.
· Concentrate retail
and entertainment uses in and around the Precinct Centre to support a vibrant
and culturally diverse place.
Enriching community
· Ensure community
infrastructure supports the needs of residents and workers.
· Provide greater
housing diversity to support local living.
Better connections
· Reinforce existing
strategic traffic corridors to direct private vehicles outside of the Precinct
Centre.
· Create a compact,
urban centre that prioritises walking and cycling.
· Improve access and
connectivity long Whitehorse Road.
· Enhance walking
experience along Station Street.
· Enhance the
transport interchange’s functionality and connectivity.
· Support public
transport and active travel choices to reduce reliance on private vehicles.
Enhancing place
· Identify
opportunities for enhanced and new open space.
· Support growth by
encouraging change in targeted locations.
· 
Enhance the open space network and
make it more accessible.
Empowering
sustainability
· New buildings
should use sustainable practices such as lower carbon material and include
renewable energy in their design.
· Future proof the
precinct and plan for new energy technologies.
· Create a cool and
green environment.
· Embed sustainable
water management.
Burwood
Boosting
the economy
· Support and
facilitate the growth of Deakin University’s Burwood Campus.
· Create a mixed-use
Precinct Centre around the SRL train station.
· Transform Burwood
Highway and Highbury Road into areas with more retail and
businesses.
· Create a network
of high-amenity knowledge-based employment areas.
Enriching
community
· Ensure community
infrastructure supports the needs of residents and workers, including
multi-purpose hubs.
· Introduce greater
housing diversity.
Better
connections
· Investigate
improving walking, cycling and biodiversity connections along Gardiners
Creek (KooyongKoot).
· Create a world
class and well-integrated public transport interchange.
· Upgrade and
connect transport routes, as well as improve walking and cycling paths.
· Support public
transport and active travel choices to reduce reliance on private vehicles.
Enhancing place
· Identify
opportunities for enhanced and new open space.
· Support growth by
encouraging change in targeted locations.
· 
Manage stormwater better to improve
water quality and support a greener environment.
Empowering sustainability
· New buildings
should use sustainable practices such as lower carbon material and include
renewable energy in their design.
· Future proof the
precinct and plan for new energy technologies.
· Create a cool and
green environment.
· Embed sustainable
water management.
No
further explanation or rationale has been provided by the SRLA to assist in
understanding the draft Key Directions. From the maps provided, it would appear
that the SRLA has focussed mostly on future building heights to underpin the Enabling
Place theme, but with comparatively limited moves proposed for the other
four themes. The SRLA’s proposed building heights and intensity in
traditional residential areas within the precincts anticipates significant
growth and change as a result of the SRL project.
The
draft Key Directions have only recently been released and are being reviewed by
Council officers. A submission will be prepared for consideration at a future
council meeting. Officers will also encourage community members to
participate in the SRLA’s engagement activities which are to be held over
the coming months and can make their own submissions by the 30 June 2024
deadline.
SUPPORTING
REPORT DETAILS
Legislative and Risk Implications
The Suburban
Rail Loop Act (2021) gave the Minister for SRL power to declare the areas
within which PSPs are to be prepared, which are referred to as “SRL
planning areas”. The Minister for SRL declared the SRL planning areas on
4 December 2023.
The SRLA
became the Planning Authority under the Planning and Environment Act (1987)
for the declared planning areas, which means that the SRLA can prepare the
precinct structure plans and exhibit any planning scheme amendments. Council
continues to be the Responsible Authority as well as a Planning Authority and
will continue to assess planning permit applications.
Council
has requested the SRLA to enter a partnership agreement to develop the Precinct
Structure Plans. Given no formal response has been provided to Council and the
SRLA are well advanced in the preparation of the PSPs, there are risks that
Council will not be invited to participate nor have the views it expresses in
submissions genuinely considered. This brings the potential for reputational
risks between the SRLA and Council, as well as risks that the project outcomes
may not meet Council’s or the community’s expectations and
aspirations, potentially leaving an untenable legacy for the Whitehorse
community.
Equity, Inclusion, and Human
Rights Considerations
In
developing this report to Council, the subject matter has been considered in
accordance with the requirements of the Charter of Human Rights and
Responsibilities Act 2006. It is considered that the subject matter does not raise any human rights
issues.
Community
Engagement
No community
engagement was required for this report.
Council
has previously undertaken extensive community engagement on the Draft Precinct
Visions in lieu of the SRLA planning any such engagement in the first instance.
The SRLA subsequently organised community engagement activities which Council
welcomed.
In Council's submissions to the Discussion Paper and Draft
Precinct Visions, Council requested that a specific report responding to
Council’s submission be provided to Council ahead of, or with, further
phases of the PSP process, as this would help Council to understand the
awareness of the project and the community views, and the rationale for future
proposals as the development of the PSPs evolve.
No
report was made available prior to the release of the Draft Precinct Vision
documents about the community engagement results from the previous phase on the
Draft Discussion Paper. A generic phase one engagement report was made
available in April 2024 prior to the release of the Draft Key Directions. This
report provided a very high-level summary of the engagement undertaken by the
SRLA and officers have again requested a detailed response to Council’s
previous submissions to provide to Council.
Financial and Resource Implications
There
are no financial or resource implications arising from the recommendation
contained in this report. Involvement on aspects of the SRL project is
however requiring a significant additional demand on Council resources and
budget and impacts multiple Departments within Council.
Innovation
and Continuous Improvement
There
are no Innovation and Continuous Improvement matters arising from
the recommendation contained in this report.
Collaboration
No
collaboration was required for this report.
Conflict of Interest
Council
officers involved in the preparation of this report have no conflict of
interest in this matter.
Conclusion
The
draft Key Directions have been released for public comment until June 2024.
Council officers are reviewing the information released and will prepare a
submission to be presented at a future council meeting. Officers also
encourage community members to participate in the SRLA’s engagement
activities which are to be held over the coming months. More information can be
found at https://bigbuild.vic.gov.au/projects/suburban-rail-loop/community/have-your-say
and https://www.srleastvisions.com.au/
SRLA’s timelines
for the PSP process is below, which have shifted from the previously provided
timeframes, where the PSPs were due to be exhibited in late 2024. Officers
continue to have discussions with the SRLA about the PSP process and will
update Council as necessary.
10.4 Proposed
Adoption of Whitehorse Investment and Economic Development Strategy 2024-2028
|
Department
|
Engineering and Investment
Director City Development
|
Attachment
SUMMARY
The purpose of this report is to consider the feedback from the
recent Whitehorse Investment & Economic Development Strategy (I&EDS)
public consultation period and seek adoption of the final document.
The I&EDS guides economic growth priorities with key
economic development themes and actions for Council over the next five years.
Community consultation for the draft I&EDS commenced on Monday
12 February 2024 and concluded on Monday 11 March 2024 with several
communication channels and platforms used to encourage members of the community
to partake in consultation.
A
detailed and considered approach was taken in developing the strategy over the
past two years including multiple rounds of community consultation and
engagement, including the creation of a Project Reference Group (PRG)
comprising of key leaders in the business community.
The I&EDS has five key themes, which were identified from
Stage 1 of the strategy’s development. These five themes are:
· Supporting
a Productive & Innovative Business Community
· Supporting
Activity Centres & Employment Precincts
· Visitor
Economy Growth
· Accessing
a Skilled & “Job-Ready” Labour Force
· Enhancing
Liveability Outcomes
The I&EDS provides an opportunity for Council to guide
Whitehorse’s economy through a holistic approach that encompasses
initiatives and projects aligned with the five key themes while improving the
quality of life for those living, working, studying, and visiting the City of
Whitehorse.
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RECOMMENDATION
That Council:
1.
Acknowledges the feedback and engagement associated with
the creation of the Investment and Economic Development Strategy
including the most recent consultation period from 12 February to 11 March
2024.
2.
Adopts the Investment and Economic Development Strategy
2024- 2028.
3.
Refers a budget allocation of up to $175k to the 2025/2026
budget to facilitate the delivery of parts of the strategy. Proposed new
initiatives include the Business Concierge, Investment and Attraction
Facilitation Strategy, Placemaking Framework, and activity.
4.
Notes that other key items and initiatives in future years
will be subject to funding associated with the relevant budget processes.
|
Key Matters
The
expiry of the previous I&EDS came at a time of
economic uncertainty and a changing landscape due to several macroeconomic
context elements.
To
understand the key themes, priorities and experiences from the business and
wider community, various engagement activities occurred in 2022 (Stage 1
consultation) which identified five key themes that became the focal points for
the I&EDS.
The
development of the I&EDS was informed by Stage 1 of
community consultation comprising of thorough consultation with industry
representatives, community groups, businesses, Council, Government stakeholders
and independent research and analysis.
Strategic Alignment
The
Investment and Economic Development Strategy 2024-2028 is aligned with the
Whitehorse 2040 Community Vision and the Whitehorse City Council Plan 2021-
2025. The strategy supports Strategic Direction 2: A thriving local economy
with high quality accessible education opportunities of the Council Plan.
Policy
The
development and implementation of the Whitehorse I&EDS is aligned with
varied Council plans and strategies, aimed at enhancing economic development,
social and environmental outcomes. This includes the Disability Action Plan,
Reconciliation Action Plan, Municipal Public Health and Wellbeing Plan and the
Climate Response Strategy.
background
Two
stages of community engagement occurred over the past two years that
significantly contributed to the creation and refinement of the I&EDS.
Stage 1 comprised of workshops and engagement to understand the local issues
and opportunities related to economic development. As a result of Stage 1, two
reports were produced (Whitehorse Community and Industry Engagement Report and
the Whitehorse Economic Analysis Report) and five key themes that were
identified and were a focal point for the documents creation. Stage 2 sought
feedback on the draft I&EDS.
The
development of the strategy considered the following elements:
· The
Macroeconomic context
- Construction & Housing
Market
- Workforce Shortages
- Global Economic Uncertainty
- COVID-19 & Business
Recovery
- Cost of Living Pressures
- Growth of Advanced
Manufacturing
- Climate Resilience
- Growing Demand for Healthcare
- Transition of Retail
- Innovation and Technology
· Existing
Council Strategic Documents
· Five
key themes that were identified as a result of Stage 1 consultation:
- Supporting a Productive &
Innovative Business Community
- Supporting Activity Centres
& Employment Precincts
- Visitor Economy Growth
- Accessing a Skilled &
“Job-Ready” Labour Force
- Enhancing Liveability Outcomes
The
I&EDS focuses on the future of business, industry,
investment, employment and improving the quality of life for people living,
working, studying, and visiting the City of Whitehorse.
Discussion and Options
The I&EDS
supports the Whitehorse 2040 Community Vision and Council Plan 2021- 2025. The I&EDS provides the opportunity for a strategic and holistic
approach to support the Whitehorse economy to be innovative, sustainable, and
inclusive and a place where community and businesses thrive.
SUPPORTING
REPORT DETAILS
Legislative and
Risk Implications
Council’s
role in relation to economic development is identified by the Local
Government Act 2020 specifically Part 2, Division 1, Section 8, Part 9(2c).
This section covers the Role and powers of a Council and the associated
overarching governance principles and supporting principles.
The section specifically states that a Council must in the performance of its
role give effect to several overarching governance principles including “the
economic, social and environmental sustainability of the municipal
district”.
Equity, Inclusion, and Human Rights Considerations
In
developing this report to Council, the subject matter has been considered in
accordance with the requirements of the Charter of Human Rights and
Responsibilities Act 2006. A Gender Impact Assessment was conducted for the
development of the I&EDS.
Community Engagement
The I&EDS was developed over a two-year period by consultants
Urban Enterprise. There were two stages of consultation associated with the
creation of the I&EDS.
Stage
1 Community Engagement
Stage 1
was conducted in 2022, to understand the local issues and opportunities related
to economic development.
Thorough
consultation with industry representatives, businesses, community, Council, and
other Government stakeholders occurred through a range of engagement activities
including an online survey and forum, focus groups and precinct community
pop-up sessions.
The
online survey on Council’s consultation platform, “Your Say”,
received 84 contributions.
A
Project Reference Group (PRG) was established and comprised of representatives
from a diverse group of industries including health care, education and
training, professional services, local business groups and social assistance.
PRG meetings were conducted in both stages of consultation.
At the conclusion
of Stage 1 consultation, two reports were produced: Whitehorse Community and
Industry Engagement report and the Whitehorse Economic Analysis Report. Stage 2 Community Engagement
Following extensive consultation in Stage 1, a draft I&EDS was produced encompassing five key themes which
were identified from the engagement.
The
second stage of consultation was conducted from 12 February to 11 March 2024
and sought feedback about the draft Investment and Economic Development
Strategy 2024-2028 document.
A number
of communication channels were used to encourage members of the business
community and wider community to have their say about the draft strategy by
completing a survey on “YourSay”.
The opportunity to participate in consultation was promoted
through a range of corporate platforms and those managed by the Investment and
Economic Development Unit. They included but were not limited to WBIZ website,
Whitehorse News, direct email to trader’s associations, Facebook pages,
Down to Business eNewsletter and the distribution of approximately 1500
postcards in English and Simplified Chinese to encourage survey completion.
Similarly, to Stage 1, consultation occurred with
industry representatives, businesses, Council, and other Government
stakeholders.
There
was a total of 25 engagements associated with the consultation feedback from stakeholders included observations and
suggestions that supported projects and key themes in the draft document. Some
of the themes from the comments are as follows:
· Highlighting
the need for small business support and making it easier to do business.
· The
importance of community connectivity, liveability, and the value of retail
centres/local shopping strips.
· Greater
emphasis on sustainability and climate change.
· Highlighting
employment pathways through partnerships and education opportunities.
Some of the themes that emerged from the comments in survey
responses that do not support the I&EDS and are considered out of scope for the I&EDS include:
· Concerns
regarding parking facilities and State planning decisions
· The
subject of childcare facilities, access to school education and dedicated
activity centres and programs for toddlers and children.
· Reluctance
to support visitor economy in lieu of local community support.
Financial and Resource Implications
A budget allocation of up to $175k to the 2025/2026 budget
is proposed to facilitate the delivery of the elements of the strategy.
Proposed new initiatives include the Business Concierge position, Investment
and Attraction and Facilitation Strategy, Placemaking Framework, and
activity.
Other
key items and initiatives in future years will be subject to funding associated
with the relevant budget processes.
Innovation and Continuous Improvement
The Business
Concierge (Better Approvals Project) would be funded through the first year of
the strategy. It is anticipated that this project would result in significant
customer experience improvements for businesses seeking to establish in
Whitehorse.
Collaboration
A PRG
was established and comprised of representatives from a diverse group of
industries including health care, education and training, professional
services, local business groups and social assistance.
An
internal working group was established at the start of the process with subject
matter experts from throughout the organisation.
Notification
of the strategy consultation was distributed to neighbouring Councils, State
Government Authorities, and key networks.
Conflict of
Interest
Council
officers involved in the preparation of this report have no conflict of
interest in this matter.
Conclusion
The proposed strategy has been developed through multiple stages of
community engagement including industry representatives, the business and wider
community, business groups and Council.
The I&EDS provides the opportunity for a strategic and holistic
approach to support the Whitehorse economy to be innovative, sustainable, and
inclusive and a place where community and businesses thrive.
Attachment
1 Whitehorse Investment
and Economic Development Strategy 2024-2028 
10.5 Contract
30504 - Bushland Maintenance and Monitoring
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Department
|
Parks and Natural Environment
Director Infrastructure
|
Attachment
SUMMARY
Council manages over 50 bushland parks and areas of
biodiversity significance including high quality community valued assets such
as Blackburn Lake Sanctuary, Yarran Dheran Nature Reserve, Antonio Park, and
Bellbird Dell. Successful bushland management requires ongoing systematic
programmed works to ensure the site values are maintained and any risks to
community safety, including bushfires, are being actively managed.
Council’s Parks and Natural Environment Department manages these programs
utilising both expert internal staff supplemented with external contractor
resources.
A
panel of suitably qualified and experienced contractors is required to ensure
Council has the resources to effectively manage and monitor these bushland
assets. The works under this Contract are directly aligned with Council
Strategies including the Whitehorse Urban Forest Strategy 2021-2031, and the
Whitehorse Integrated Water Management Strategy 2022-2042, and the resources
available through this Contract will ensure Council is equipped to deliver on
actions identified in these Strategies.
The
previous Bushland Maintenance Services Contract has concluded, and this report
is to consider tenders for the provision of Bushland Maintenance Services and
to recommend the acceptance of the tenders received from a panel of service
providers under a schedule of rates basis, as set out below. This Contract is
for a period of five years, nominally commencing on 27 May 2024 with no option
for further extension.
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RECOMMENDATION
That Council:
1. Accepts the tender and signs the formal
Contract document for Contract 30504 Bushland Maintenance Services received
from:
Part A – Bushland
Maintenance
· Envirotechniques
Pty Ltd (ABN 59 061 469 369), of 147 Zig Zag Rd, North Eltham 3095;
· Practical
Ecology Pty Ltd (ABN 88 082 911 377) of 2B Stott Street, Preston 3072;
· Themeda
Ecology Pty Ltd (ABN 33 681 411 296) of 19 Roberts Street, Northcote 3070;
· Acacia
Environmental Management Pty Ltd (ABN 88 108 191 466) of 1726
Heidelberg-Kinglake Road, St Andrews 3761; and
Part B – Biodiversity
and Ecological Monitoring
· Envirotechniques
Pty Ltd (ABN 59 061 469 369), of 147 Zig Zag Rd, North Eltham 3095;
· Practical
Ecology Pty Ltd (ABN 88 082 911 377) of 2B Stott Street, Preston 3072;
· Themeda
Ecology Pty Ltd (ABN 33 681 411 296) of 19 Roberts Street, Northcote 3070;
· Acacia
Environmental Management Pty Ltd (ABN 88 108 191 466) of 1726
Heidelberg-Kinglake Road, St Andrews 3761;
· Sundew
Ecological Services (ABN 68 601 514 117) of 37 Derrimut Street, Albion 3020;
· Felix
Botanica Pty Ltd (ABN 84 171 259 468) of 27 Arbor Way, Carrum Downs 3021; and
2. Authorises the Director
Infrastructure via the Chief Executive Officer’s Instrument of
Sub-Delegation to determine changes to the number and type of services
allocated to the panel members for Contract 30504 Bushland Maintenance
Services, subject to supplier performance and capacity for the duration of
the Contract; and
3. Notes that the expenditure for Contract 30504
Bushland Maintenance Services will be undertaken from the relevant Council
endorsed budgets and could be up to $4 million including GST over the
Contract term.
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Key Matters
Urban
bushland reserves are constantly under pressure which can result in
irreversible damage and a reduction in their ecological and community value. Successful
bushland management requires the undertaking of regular, systematic, programmed
works to ensure the site values are maintained and
any risks to community safety, including bushfires, are being actively managed.
Biodiversity management is highly technical and requires
expert skills and knowledge to ensure these precious natural areas are being
appropriately maintained. Most sites have unique complexities that require a
variety of techniques and management intervention to ensure appropriate biodiversity
outcomes. Council undertakes these management programs through both internal
staff and contractor resources to maximise efficiencies and be able to target
specific requirements and direct accurate expertise into the appropriate areas.
Whitehorse
has a very active environmentally focussed community, and Council facilitates a
large and active Parkland Advisory Committee volunteer program. These
volunteers along with other community groups work closely with Council staff
and contractors to ensure bushland reserves are being appropriately managed.
This Contract aims to ensure this inclusive relationship continues by
recommending contractors who have a strong history in community engagement and
collaboration in addition to all the required environmental skills and
attributes.
A
previous Bushland Maintenance Services Contract successfully ran for several
years and provided Council with the necessary skills and resources to
effectively achieve biodiversity improvements across Council’s Bushland assets
in line with community expectations and best practice environmental management.
A new Contract specification and Contract tender documentation was
prepared, aimed at:
· Effectively
managing Bushland and biodiversity assets.
· Maximising
competition.
· Providing
contractual means to manage contractor performance through three identified
KPIs – service delivery, quality of service and administration.
· Attracting
highly experienced and well-respected contractors and consultants within the
Environmental Management and Monitoring sector.
The
tender for Bushland Maintenance Services was divided into two categories to
attract a broader section of respondents and gain best value for the resulting
contract. The categories are:
Part A - Bushland Maintenance
Part
B - Biodiversity and Ecological Monitoring
These
categories seek to provide Council with the required expertise to manage the
physical Bushland and biodiversity assets as directed, and suitably qualified
ecological consultants to undertake regular monitoring of biodiversity assets.
Monitoring of these assets is critical to ensure maintenance programs are
effective, and strategic actions are being completed.
By
engaging expert bushland regeneration contractors that are committed to
providing high quality and cost-effective management of our reserves, Council
is able to appropriately program and allocate resources where required to
undertake positive works within financial constraints.
Endorsement
of the Contract recommendation will enable Council to effectively maintain a
continuation of services to manage our bushland reserves and biodiversity
assets along with all associated monitoring.
Strategic Alignment
This report aligns with:
· Whitehorse
Community Vision 2040
· Whitehorse
Council Plan 2021-2025
· Whitehorse
Urban Forest Strategy 2021-2031
· Whitehorse
Biodiversity Strategy 2014-2024
· Whitehorse
Integrated Water Management Strategy 2022-2042
The Bushland Maintenance
Services Contract assists Council to achieve actions identified in these
strategies. Council manages over 50 Bushland sites and areas of biodiversity
significance including Blackburn Lake Sanctuary, Yarran Dheran Nature Reserve,
Antonio Park and Bellbird Dell amongst others, and is committed to preserving
and enhancing these areas.
Many of
Council’s bushland assets are also associated with natural or artificial
waterbodies including wetlands, dams, ponds, creeks, and rain gardens. This
Contract will provide Council with the required resources to maintain these
assets consistent with Council’s Integrated Water Management Strategy
2022-2042.
Policy
This
report is consistent with Council’s procurement policy and aligns with
Council’s commitment to social and environmental sustainability and
support to local business.
Council’s
Procurement team has been consulted extensively to ensure that the procurement
is compliant with the Procurement Policy.
Background
Tenders
for the Bushland Maintenance Services contract closed on 10 January 2024.
Twelve tender submissions were received. Nine tender submissions were received
for both parts of the contract, one tender submission for Part A only and two
tender submissions for Part B only. One submission was identified to be
non-compliant.
Six
Submissions were considered best value and have been recommended for the panel
across the two categories. The nominated contractors demonstrated significant
experience managing and monitoring similar environments, indicated
appropriately qualified and experienced staff to lead these services, and clearly
identified they were resourced and equipped to adequately fulfill the
requirements of the contract.
The
tenders were evaluated against the following criteria:
· The
Tender Offer (40%)
· Capability
(30%)
· Credibility
(20%)
· Social
and Environmental sustainability (5%)
· Local
Contents (5%), and
· Occupational
Health & Safety and Equal Opportunity (Pass/Fail)
SUPPORTING
REPORT DETAILS
Legislative and
Risk Implications
There
are no legal or risk implications arising from the approval for this tender
evaluation.
All the
recommended tenderers meet all Occupational Health and Safety requirements and
provided evidence including risk plans, insurances, policies, quality assurance
and environmental plans. Reference checks substantiated the outcome of the
evaluation panel.
Consultation
Council’s
Procurement team have been consulted extensively to ensure that the procurement
is compliant with the Procurement Policy.
Engagement
with Council’s Parkland Advisory Committees occurs regularly and will
continue to ensure any outcomes of this report are communicated and are
incorporated into site maintenance planning.
Collaboration
No collaboration was
undertaken as part of this tender after an assessment of the scope, locations,
and quantities of services to be provided under the contract.
Financial
and Resource Implications
The Contract for Bushland Maintenance Services is
a Schedule of Rates Contract. The rates are subject to a CPI adjustment on each
anniversary of the Contract.
· Expenditure
under the current Contract has been assessed to determine estimated future
spend. The total spent under existing Contracts for the past three years plus
two-year extension period (five years total) has been in excess of $2 million.
· The
current annual recurrent budgeted expenditure on contracted Bushland
Maintenance and monitoring services for the 2023/24 financial year is
approximately $420,000.
· Based
on the expenditure history and potential future programs required to achieve
actions identified in the Council Plan, Urban Forest Strategy and Integrated
Water Management Strategy, estimated future spend for the five years of this
contract is up to $4,000,000 including GST, subject to future budget
allocations for the identified strategic actions.
· There
is no minimum amount of work required to be offered to any contractor under
this schedule of rates Contract. This gives Council flexibility in managing the
workload across the contractors appointed to this panel based on the best cost
outcome.
· The
costs incurred under this Contract will be charged to the relevant endorsed
recurrent budgets within the Parks and Natural Environment Department.
Discussion
and Options
The Evaluation Panel
examined the responses in detail in order to assess the respondents’
level of acceptability against each criterion.
The recommended
contractors clearly identified their knowledge and experience in managing
similar projects to those required under this Contract. They each demonstrated
Best Value through the combination of price and quality criteria and were able
to justify that they will operate well under Council’s specific
direction. Particular attention was paid to the qualifications and experience
of the contractors that will be undertaking the services in this Contract. The
importance of having highly experienced and knowledgeable staff leading and
undertaking the on-ground works under this Contract is significant. The
recommended contractors all nominated suitably qualified staff that will be
allocated to this Contract and were able to
demonstrate they had the required resourcing and equipment as well as the scope
to increase the allocation to this Contract if required.
The
recommendation of four contractors for the Bushland Maintenance Services works
panel will provide Council with a suitable coverage of contractor options and
allows the Contract Manager to issue a quantity of works that will keep
contractors engaged within current budget allocations.
The inclusion of
sensitive tree removals under the Bushland Maintenance Services contract was
considered and determined not to be required. The Tree Maintenance Services
Contract was executed in November 2023 and contains suitable contractors who
can deliver sensitive tree works in bushland reserves.
A
five-year contract has been tendered to optimise tendering attractiveness while
enabling Council to return to market for future testing within a reasonable
timeframe. The proposed contractors reflected the level of credibility
sought, pricing that is assessed as competitive across the open market and
demonstrated capability to deliver services to the expectations of Council
officers and the broader Whitehorse community.
It was noted during the
evaluation process that tenderers who applied for both Parts of the tender
focussed more on Part A. It therefore required questioning and interrogation of
those tenders so that fair comparisons with tenderers that applied for Part B
only could be made. To ensure Council has the appropriate resources to deliver
monitoring requirements, the decision was made by the Tender Evaluation Panel
to recommend the inclusion of the two contractors that applied for Part B only
(Sundew Ecological Services and Felix Botanica) along with four contractors
that can perform both parts (Envirotechniques, Practical Ecology, Acacia
Environmental Management and Themeda Ecology). This will provide Council with a
good level of choice when ordering works to ensure cost-effectiveness and
flexibility to appropriately manage and monitor our bushland assets over the
Contract period.
The Tender Evaluation
Panel also considered financial sustainability and Social and Environmental
impact for each of the tenderers.
Conflict of Interest
The Local
Government Act 2020 requires members of Council staff, and persons engaged
under contract to provide advice to Council, to disclose any direct or indirect
interest in a matter to which the advice relates.
Council
officers involved in the preparation of this report have no conflict of
interest in this matter.
Conclusion
It is recommended that Council appoints the nominated
contractors for this Contract as outlined in this report. It is nominally
intended that the contract commence from 27 May 2024.
Attachment
1 Contract 30504
Bushland Maintenance Services C04 Weighted Attribute Evaluation Form
Whitehorse City
Council designates this attachment and the information contained in it as CONFIDENTIAL
INFORMATION pursuant to Section 3 (1) ((g)(i)) of the Local Government
Act 2020.
2 FINAL - Tender Report
- Bushland Maintenance Services - April 2024
Whitehorse City
Council designates this attachment and the information contained in it as CONFIDENTIAL
INFORMATION pursuant to Section 3 (1) ((g)(i)) of the Local Government
Act 2020.
10.6 S11A
Appointment of Authorised Officers under the Planning and Environment Act
1987
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Department
|
Governance and Integrity
Director Corporate Services
|
Attachment
SUMMARY
The appointment of authorised officers enables appropriate
staff within the organisation to administer and enforce various Acts,
Regulations or Council local laws in accordance with the powers granted to them
under legislation or a local law.
Instruments of Appointment and Authorisation are prepared
in accordance with advice from the Maddocks (Lawyers) Authorisations and
Delegations Service, which Council subscribes to.
Whilst the appointment and authorisation of authorised
officers under other relevant legislation is executed by the Chief Executive
Officer under delegation, Maddocks recommend that officers enforcing the Planning
and Environment Act 1987 and the Environment Protection Act 2017 be
authorised by Council resolution.
Council
is required to appoint persons as authorised officers for the purpose of
enforcing the Planning and Environment Act 1987.
Authorisations are
different from delegations whereby the appointment is made to a natural person
that holds a statutory position giving the appointed officer the ability to
undertake the necessary functions listed in the instrument. Delegations on the
other hand are made to positions within Council.
The
S11A Instrument is presented regularly to Council for the purposes of authorising
new staff members who have commenced and removing staff members who have
departed the organisation.
|
RECOMMENDATION
That Council:
1. Appoints
the officers named in the S11A Instrument of Appointment and Authorisation at
Attachment 1 as Authorised Officers pursuant to section 147(4) of the Planning and Environment Act 1987; and
2. Authorises the Chief Executive Officer to sign the S11A Instrument
of Appointment and Authorisation as approved above to come into force once
executed and revoke the previous S11A Instrument of Appointment and
Authorisation executed on 12 February 2024.
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Key Matters
An ‘authorised
officer’ is a person, other than a
Councillor, appointed by Council to carry out a compliance or enforcement
function under legislation related to the functions and powers of the Council.
There a no legislative changes to
the authorisation under the Planning and Environment Act 1987.
The instrument has been updated to
reflect staff changes arising from new appointments and departures.
Strategic Alignment
The recommendation of this report accords with the
Strategic Direction 1 of the Council Plan: An innovative Council that is
well led and governed, through compliance with legislative requirements and
regulations to achieve good governance and integrity.
Policy
There are no policy implications arising from the
preparation of this report.
background
Instruments
of Appointment and Authorisation empower relevant staff to exercise the powers
granted to authorised officers by legislation or a local law.
Instruments
of Appointment and Authorisation prepared for Council's consideration are based
on advice from the Maddocks Authorisations and Delegations in Depth Service.
Discussion and Options
Due to staff changes and movements, a review of
appointed and authorised officers has been completed. The updated S11A
Instrument of Appointment and Authorisation at Attachment 1 is presented for
Council’s consideration.
Failure to update the S11A Instrument of Appointment and
Authorisation will impact the ability of the organisation to fulfil its
statutory responsibilities.
SUPPORTING REPORT DETAILS
Legislative and
Risk Implications
Provisions relating to authorised
officers continue to operate under the Local Government Act 1989.
Equivalent provisions relating to authorised officers have not carried over to
the Local Government Act 2020.
Authorisations are made pursuant to
section 147(4) of the Planning and Environment Act 1987.
Equity, Inclusion, and Human
Rights Considerations
In developing this report to Council, the subject matter has
been considered in accordance with the requirements of the Charter of Human
Rights and Responsibilities Act 2006.
It is considered that the subject matter does not raise any human rights
issues.
Community
Engagement
No community engagement was required for this report.
Financial and Resource Implications
There
are no financial or resource implications arising from the recommendation
contained in this report.
Innovation
and Continuous Improvement
There
are no Innovation and Continuous Improvement matters arising from
the recommendation contained in this report.
Collaboration
Collaboration
was undertaken with the City Planning and Development department in drafting
the S11A Instrument of Appointment and Authorisation at Attachment 1.
Conflict of Interest
The Local Government Act 2020 requires members of
Council staff, and persons engaged under contract to provide advice to Council,
to disclose any direct or indirect interest in a matter to which the advice
relates.
Council officers involved in the preparation of this report
have no conflict of interest in this matter.
Conclusion
In most
cases, authorisations are approved by the Chief Executive Officer; however,
authorisations under the Planning and Environment Act 1987 are required to be
issued by resolution of the Council.
It is recommended that Council resolves to authorise the
Chief Executive Officer to execute the S11 Instrument of Appointment and
Authorisation at Attachment 1.
Attachment
1 S11A Instrument of
Appointment and Authorisation - Planning and Environment - May 2024
10.7 Records
of Informal Meetings of Councillors
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Department
|
Governance and Integrity
Manager Governance and Integrity
|
|
RECOMMENDATION
That Council receives and notes the Records of Informal Meetings of
Councillors.
|
|
Pre-Council Meeting Briefing – 29 April
2024 – 6.30pm – 6.42pm
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Matter/s Discussed:
· Council Agenda Items - 29 April 2024
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Councillors
Present
|
Officers Present
|
·
Cr Massoud
(Mayor) |
S McMillan
|
·
Cr Davenport
(Deputy Mayor) |
S Cann
|
·
J Green |
|
Cr
Barker
|
L Letic
|
|
Cr
Cutts
|
S White
|
|
Cr
Lane
|
V Ferlaino
|
|
Cr Liu
|
K Woods
|
·
Cr
McNeill |
A Ghastine
|
·
Cr Munroe |
|
·
Cr
Skilbeck |
|
·
Cr
Stennett |
|
·
|
|
·
Leave
of Absence |
|
·
Cr
Carr |
|
|
Others
Present: N/A
|
|
Disclosures
of Conflict of Interest: Nil
|
|
Councillor
/Officer attendance following disclosure: N/A
|
|
Councillor
Briefing – 6 May 2024 – 6.30pm – 9.40pm
|
|
Matter/s Discussed:
1. Budget Update
2. Advocacy Prioritisation
3. 2023/24 Capital Works
Program – March Quarter Review
4. Aqualink Nunawading
Business Case
5. Draft Agenda 13 May 2024
|
Councillors
Present
|
Officers
Present
|
·
Cr Massoud |
(Mayor)
S McMillan
|
·
S White |
·
Cr Davenport |
(Deputy Mayor)
J Green
|
·
S Cann |
|
Cr Barker
|
Z Quinn
|
|
Cr Carr
|
A Ghastine
|
|
Cr Cutts
|
V Ferlaino
|
|
Cr Lane
|
F Nolan
|
|
Cr Liu
|
K Woods
|
|
Cr McNeill
|
N Brown
|
·
Cr Munroe |
A Butterfield
|
·
Cr Skilbeck |
C Clarke
|
·
Cr Stennett |
L Routley
|
|
Others Present:
Item 2: G Gray, A Sharman and B Tatterson - SMC
Strategies
|
|
Disclosures of Conflict of Interest: Nil
|
|
Councillor /Officer attendance following disclosure: N/A
|
11 Councillor
Delegate and Conference / Seminar Reports
11.1 Reports
by Delegates and Reports on Conferences / Seminars Attendance
|
Department
|
Governance and Integrity
Manager Governance and Integrity
|
Verbal reports from Councillors appointed as delegates to
community organisations/committees/groups and attendance at conferences and
seminars related to Council Business.
|
RECOMMENDATION
That Council receives and notes the:
1. Reports from
delegates, and;
2. Reports
on conferences/seminars attendance.
|