Attachments of Council Meeting - Tuesday, 23 February 2021

Council Meeting Attachments 23 February 2021

Nillumbik Shire Council

Attachments

AC.002/21 Advisory Committee Report - 23 February 2021

Attachment 1 Health and Wellbeing Advisory Committee meeting Minutes held 9 September 2020.................................... 1

CM.012/21 Local Government Performance Reporting Framework - Mid-Year 2020-2021 Performance Report

Attachment 1 LGPRF Mid-Year 2020-2021 Peformance Report........... 5

CM.013/21 Council Plan Quarterly Performance Report - 2020-2021 - Quarter 2

Attachment 1 Council Plan Quarterly Performance Report - Quarter 2, 2020-2021.................................................................... 7

CM.014/21 Council Amended Submission - DELWP's Planning for Melbourne's Green Wedges & Agricultural Land Consultation Paper

Attachment 1 DELWP's Planning for Melbourne's Green Wedges & Agricultural Land Consultation Paper........................... 13

Attachment 2 Final Amended Submission to DELWP's Planning for Melbourne's Green Wedges & Agricultural Land Consultation Paper.................................................... 133

CM.015/21 Community Engagement Policy

Attachment 1 Community Engagement Policy................................. 158

CM.016/21 Delegated Committee of Council

Attachment 1 Instrument of Delegation to Planning and Consultative Committee................................................................ 174

Attachment 2 Terms of Reference - Planning and Consultative Committee................................................................ 176

Attachment 3 Planning and Consultative Committee 2021 meeting schedule................................................................... 184

Attachment 4 FINAL - Instrument of Delegation to Planning and Consultative Committee............................................. 185

Attachment 5 FINAL - Terms of Reference - Planning and Consultative Committee................................................................ 187

CM.018/21 C134nill Rezoning of 20A Henry Street and 20 Dudley Street, Eltham

Attachment 1 C134nill Instruction Sheet.......................................... 195

Attachment 2 Explanatory Report C134nill - Authorisation................ 196

Attachment 3 Nillumbik Planning Scheme, Amendment C134 001zn Map 13 Authorisation................................................ 201

Attachment 4 Nillumbik C117nillpt1 Explanatory Report Approval Gazetted................................................................... 202

Attachment 5 Nillumbik C117nillpt1 007znMap13 Approval Gazetted 208

CM.019/21 Exhibition of Amendment C129 to the Nillumbik Planning Scheme (Removal of the EAO from various parcels in Plenty)

Attachment 1 Land at the former site of 323-325 Yan Yean Road, Plenty and application of the EAO to the site - both shown in orange...................................................................... 209

Attachment 2 Submission from the Environment Protection Authority (EPA) in response to public exhibition of Nillumbik Amendment C129..................................................... 210

Attachment 3 Statement from the EPA regarding Nillumbik Amendment C129, which was read to the February 2021 Meeting of Council's Future Nillumbik Committee......................... 214

CM.020/21 Planning Scheme Amendment C133

Attachment 1 Explanatory Report C133nill - authorisation................ 216

Attachment 2 Nillumbik Planning Scheme Amendment C133 002zn Map 13 - authorisation...................................................... 221

Attachment 3 Aerial photograph of 13 Park West Road showing existing and interim heritage overlays..................................... 222

Attachment 4 Alan Marshall Citation January 2021.......................... 223

Attachment 5 Street View of 13 Park West Road............................. 241

Attachment 6 Photographs from site visit December 2020................ 242

CM.023/21 Tender Report - Contract 2021-8 Graffiti Removal and Management Services

Attachment 2 Graffiti Removal Plan Policy....................................... 244

CM.024/21 DELWP Proposed ESD Planning Policy Framework Changes - Council Submission

Attachment 1 DELWP Environmentally sustainble development of buildings and subdivisions: A roadmap for Victoria's planning system'....................................................... 257

Attachment 2 Final NSC Submission to DELWP ESD Roadmap 23022021................................................................. 314

CM.025/21 De Fredericks Road Special Charge Scheme - Declaration

Attachment 1 De Fredericks Road - Special Charge Scheme Area... 323

Attachment 2 Guidelines for apportionment of costs for road construction.............................................................. 324

Attachment 3 Cost apportionment to affected properties................... 326

Attachment 4 Summary of submission received by Council.............. 327

Attachment 5 Full Submission......................................................... 331

CM.026/21 Rockliffe Street Special Charge Scheme - Declaration

Attachment 1 Rockliffe Street, Eltham - Special Charge Scheme Area......................................................................... 335

Attachment 2 Guidelines for apportionment of costs......................... 336

Attachment 3 Apportionment to affected properties.......................... 338

Attachment 4 Summary of submissions received by Council............. 339

Attachment 5 Full Submissions....................................................... 344

CM.027/21 Informal Meetings of Councillors Records - 23 February 2021

Attachment 1 Informal Meeting of Councillors Record - 23 February 2021......................................................................... 373

CM.014/21 Council Amended Submission - DELWP's Planning for Melbourne's Green Wedges & Agricultural Land Consultation Paper

Attachment 1. DELWP's Planning for Melbourne's Green Wedges & Agricultural Land Consultation Paper

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CM.018/21 C134nill Rezoning of 20A Henry Street and 20 Dudley Street, Eltham

Attachment 2. Explanatory Report C134nill - Authorisation

Planning and Environment Act 1987

NILLUMBIK PLANNING SCHEME

AMENDMENT C134

EXPLANATORY REPORT

Who is the planning authority?

This amendment has been prepared by the Nillumbik Shire Council, which is the planning authority for this amendment.

The amendment has been made at the request of Nillumbik Shire Council.

Land affected by the amendment

The amendment applies to 20A Henry Street, Eltham and 20 Dudley Street, Eltham.

A mapping reference table is attached at Attachment 1 to this Explanatory Report.

What the amendment does

The amendment corrects a mapping anomaly that occurred as part of Nillumbik Planning Scheme Amendment C117 Part 1 by removing the Public Park and Recreation Zone which has been applied in error to 20 Dudley Street, Eltham and correctly applies it to 20A Henry Street, Eltham. The amendment reinstates the Activity Centre Zone Schedule 1 to 20 Dudley Street, Eltham.

The amendment will:

· Remove the Public Park and Recreation Zone from 20 Dudley Street, Eltham.

· Apply the Activity Centre Zone Schedule 1 to 20 Dudley Street, Eltham.

· Apply the Public Park and Recreation Zone to 20A Henry Street, Eltham.

· Amend Planning Scheme Map 13.

Strategic assessment of the amendment

Why is the amendment required?

The amendment is required to correct a mapping error in the Nillumbik Planning Scheme, to ensure that planning controls are accurate, correct and consistent. This will improve the effectiveness and efficiency of achieving the objectives of planning in Victoria. Amendment C117 Part 1 intended to rezone the Council owned land at 20A Henry Street, Eltham, Henry Street Reserve from Activity Centre Zone Schedule 1 to Public Park and Recreation Zone to reflect its current use. The nature of this amendment is correctional.

A mapping error occurred in the preparation of Amendment C117 Part 1 causing incorrect zoning of the two sites at 20 Dudley Street, Eltham and 20A Henry Street, Eltham.

How does the amendment implement the objectives of planning in Victoria?

The amendment implements the objectives of planning in Victoria by improving the effectiveness and efficiency of the Nillumbik Planning Scheme. The amendment implements the objectives of providing ‘for the fair, orderly, economic and sustainable use, and development of land’ under Section 4 of the Planning and Environment Act 1987, by ensuring the consistency and accuracy of the Planning Scheme.

How does the amendment address any environmental, social and economic effects?

The amendment is expected to have positive environmental effects and economic and social benefits as it will confirm the intended status and management of land as public open space. The amendment ensures consistency of the use of the land and provides certainty for land owners. The correct zoning of the land will also minimise the need for planning permits when the use in consistent with the zoning, which will have a beneficial economic effect for both land owners and the council.

The social interactions and community building that public open spaces bring enhances community connectivity and community capital. Retention of the open space assists in maintaining the attractiveness and amenity of the public realm and will continue to provide habitat for flora and fauna within the predominantly urban environment. Additionally, pockets of planted open space help connect larger patches of bushland, and allow freedom of movement for wildlife.

Does the amendment address relevant bushfire risk?

The proposed amendment will not result in any increased bushfire risk.

Does the amendment comply with the requirements of any Minister’s Direction applicable to the amendment?

The Amendment complies with the requirements of the Ministerial Direction on the Form and Content of Planning Schemes under section 7(5) of the Planning and Environment Act 1987. The Amendment complies with the Minister’s Directions under Section 11 – Strategic Assessment of Amendments.

This Amendment supports the following directions and policy set out in Plan Melbourne 2017 - 2050, the State’s current metropolitan planning strategy:

· Direction 5.4 Deliver local parks and green neighbourhoods in collaboration with communities.

· Direction 6.4 Make Melbourne cooler and greener.

· Direction 6.5 Protect and restore natural habitats.

How does the amendment support or implement the Planning Policy Framework and any adopted State policy?

The amendment will ensure that the Nillumbik Planning Scheme remains consistent with the Planning Policy Framework, which seeks to support the objectives of planning in Victoria.

The amendment in relation to 20 Dudley Street, supports clause 11.03-1S Activity Centres and the objective - to encourage the concentration of major retail, residential, commercial, administrative, entertainment and cultural developments into activity centres that are highly accessible to the community. The strategy of ‘Encourage a diversity of housing types at higher densities in and around activity centres’ is particularly relevant.

The amendment also supports the objective of Clause 16.01-1S Housing supply - to facilitate well-located, integrated and diverse housing that meets community needs. Specifically, the amendment supports the following strategies set out in Clause 16.01-1S:

· Encourage higher density housing development on sites that are well located in relation to jobs, services and public transport.

· Identify opportunities for increased residential densities to help consolidate urban areas.

· Facilitate diverse housing that offers choice and meets changing household needs by widening housing diversity through a mix of housing types.

· Plan for growth areas to provide for a mix of housing types through a variety of lot sizes, including higher housing densities in and around activity centres.

The amendment, in relation to 20A Henry Street, Eltham, supports the objective of Clause 19.02 Open Space to establish, manage and improve a diverse and integrated network of public open space that meets the needs of the community. Specifically, the amendment supports the following strategy set out in Clause 19.02 6S:

· Ensure that urban open space provides for nature conservation, recreation and play, formal and informal sport, social interaction, opportunities to connect with nature and peace and solitude.

The Victorian Health and Wellbeing Plan 2019-2023, outlines the government’s key priorities to improve the health and wellbeing of Victorians. Priorities supported by the Amendment include increasing active living by increasing easy access to parks, open spaces and public spaces with opportunities for physical activity where appropriate.

Plan Melbourne 2017-2050 highlights the importance of 20-minute neighbourhoods. The 20-minute neighbourhood concept aims to improve livability by giving people the ability to meet most of their daily needs within a 20-minutewalk from home. The subject sites are within 12-15 minute walks from the Eltham MAC. The formalisation of these pocket parks will advance the objectives of Plan Melbourne 2017-2050 and continue providing access to the residents’ daily needs such as recreation and as well as services provided with the Eltham MAC.

How does the amendment support or implement the Local Planning Policy Framework, and specifically the Municipal Strategic Statement?

The amendment supports the Local Planning Policy Framework (LPPF), including the Municipal Strategic Statement (MSS) of the Nillumbik Planning Scheme.

Clause 21.07 (Monitoring and Review) of the MSS states that the council will regularly review part of the MSS to ensure that it is relevant and reflects current issues. The correction has been identified through an ongoing review of the Nillumbik Planning Scheme.

The amendment ensures that the planning controls which apply to land within the municipality are consistent with the LPPF.

The following clauses are relevant to 20 Dudley Street:

Clause 21.05-4 Economic Development

Objective 2

· To promote Eltham and Diamond Creek Major Activity Centres as the main commercial and community activity areas in the Shire, and support the viability and vitality of these areas.

Strategies

· Broaden the mix of land uses in and around major activity centres and neighbourhood activity centres to include services and medium density housing.

· Implement the Eltham Major Activity Centre Structure Plan, 2004 and Diamond Creek twenty20-Diamond Creek Major Activity Centre Structure Plan and Leisure Facilities Plan, September 2006.

Clause 22.07 Eltham Town Centre Policy

Objective

· To promote an increase in the amount and diversity of housing by providing medium density housing particularly that suited to one and two person households.

Dudley Street and Henry Street are within Precinct 2 (Residential Interface) as designated by the Eltham Major Activity Centre Structure Plan 2004. One of the key policies for Precinct 2 is to encourage medium density housing, whilst also providing some small to medium scale office use.

This Amendment, in relation to 20 A Henry Street, Eltham, supports and implements the following Local Planning Policy Framework, and specifically the Municipal Strategic Statement as set out in Clause 21.05 Infrastructure:

· Objective 4 Provide equitable local recreational facilities and public open spaces to meet local community needs.

How does the amendment support or implement the Municipal Planning Strategy?

Not applicable.

Does the amendment make proper use of the Victoria Planning Provisions?

The amendment resolves a mapping error in the Nillumbik Planning Scheme.

The amendment seeks to ensure that the Victorian Planning Provisions are correctly applied through the correct application of the Public park and Recreation Zone.

How does the amendment address the views of any relevant agency?

The views of the Department of Environment, Land, Water and Planning have been sought. The views of other relevant agencies will be sought during the public exhibition process.

Does the amendment address relevant requirements of the Transport Integration Act 2010?

The amendment does not impact on the transport system or the requirements of the Transport Integration Act 2010.

Resource and administrative costs

The amendment does not have significant impacts on the resource and administrative costs of Nillumbik Shire Council.

Where you may inspect this amendment

The amendment can be inspected free of charge at the Nillumbik Shire Council website at https://www.participate.nillumbik.vic.gov.au/

And/or

The amendment is available for public inspection, free of charge, during office hours at the following places:

Nillumbik Shire Council,

Civic Drive,

Greensborough VIC 3088

The amendment can also be inspected free of charge at the Department of Environment, Land, Water and Planning website at www.planning.vic.gov.au/public-inspection.

ATTACHMENT 1 - Mapping reference table

Location

Land /Area Affected

Mapping Reference

Eltham

20 A Henry Street, Eltham

20 Dudley Street, Eltham

Nillumbik C134 001znMap13 Exhibition