Agenda of Planning and Consultation Committee Meeting

Planning and Consultation Committee Agenda 11 October 2022

PCC.030/22 Draft Diamond Creek Community Infrastructure Strategic Plan - Exhibition feedback

Item: Consultation Matter

Distribution: Public

Manager: Rosa Zouzoulas, Director Planning and Community Safety

Author: Andrew Feeney, Senior Urban Designer

Summary

The purpose of this report is to identify the findings from the recent exhibition of the draft Diamond Creek Community Infrastructure Strategic Plan (draft Strategic Plan), and to enable any submitters to the draft plan to make verbal presentations.

The development of a masterplan for community facilities in Diamond Creek including recreation and community precincts and buildings is a Priority Action in the Council Plan 2021-2025.

The draft Strategic Plan (Attachment 1) is a key milestone (Phase A) of the broader master plan project. Once adopted by Council, it will serve as the basis for the preparation of a more detailed master plan in the subsequent and final (Phase B) of the project, subject to Council project funding.

The exhibited draft Strategic Plan identifies, ‘what’ infrastructure is needed, ‘where’ it can be located within Diamond Creek and ‘how’ infrastructure services can be offered, to meet the future needs of Diamond Creek and the wider population of the Shire the township serves, in 2036.

The draft plan was exhibited on Participate Nillumbik for four weeks, from 11 July until
7 August. The purpose of the exhibition was to gain community awareness and specifically seek feedback in regard to the proposed youth hub options considered in the draft Strategic Plan. Key stakeholders were notified of the exhibition and invited to meet with Council officers in exhibition awareness meetings offered throughout the exhibition period. Forty-six (46) written feedback responses were received. Of the 46 responses, 36 surveys that were provided on Participate Nillumbik were returned, and 10 written submissions were received.

Generally, there was broad support for the draft Strategic Plan and investment in community infrastructure in Diamond Creek. Community infrastructure in the draft Strategic Plan that was specifically supported in some of responses included:

· integrated community infrastructure service models;

· library;

· multi-purpose spaces;

· arts;

· pools, and

· gym.

Community infrastructure in the draft Strategic Plan that was specifically unsupported in some responses included:

· skate park removal and relocation.

Community infrastructure in the draft Strategic Plan that was both supported and unsupported across responses included:

· highball courts;

· Maternal and Child Heath Centre relocation to Coniston Street Family Centre, and

· Youth Hub Plan Options A – Integrated (at proposed Community Hub), and B – Stand-alone (at Diamond Creek Senior Citizens Centre site).

Youth Hub Plan Option A – Integrated, was most preferred across responses.

A range of considerations and issues were identified in the feedback and these are summarised at Attachment 2. Copies of all feedback received are provided confidential and un-redacted at Attachments 3 and 5, and redacted at Attachments 4 and 6.

A Council Meeting is scheduled for 22 November 2022 for Council to consider whether to adopt of a community infrastructure Strategic Plan which if adopted, will complete the first and only budgeted phase of the master plan project.

Recommendation

That the Committee (acting under delegation from Council):

1. Considers the community engagement conducted on, and feedback provided to, the exhibition of the Draft Diamond Creek Community Infrastructure Strategic Plan (Attachment 1), including:

a) Exhibition engagement outlined, and community response and feedback included, in this report.

b) Summary of Exhibition feedback (Attachment 2).

c) Exhibition survey responses provided confidential and unredacted (Attachment 3) and redacted (Attachment 4).

d) Exhibition submissions provided confidential and unredacted (Attachment 5) and redacted (Attachment 6).

2. Resolves that the confidential un-redacted survey responses and submissions to the exhibition of the draft Strategic Plan (Attachments 3 and 5) remain confidential on the grounds specified in the definition of confidential information in section 3(1)(f) of the Local Government Act 2020.

3. Notes that the draft Strategic Plan is programmed for Council’s consideration at the 22 November 2022 Council meeting.

4. Writes to all respondents to the exhibition of the draft Strategic Plan to express Council’s appreciation for their contribution and to advise them of the Committee’s resolution and the next steps in the project.

Attachments

1.	Draft Diamond Creek Community Infrastructure Strategic Plan - Exhibited
2 .	Summary of Exhibition feedback
3.	Exhibition survey responses - unredacted - Confidential
4 .	Exhibition survey responses_Redacted
5.	Exhibition submissions - unredacted - Confidential
6 .	Exhibition submissions_Redacted

Discussion

1. The exhibited Draft Diamond Creek Community Infrastructure Strategic Plan
(draft Strategic Plan, Attachment 1) is the penultimate product in, and a key milestone of, the first phase (Phase A) of the broader Diamond Creek Community Infrastructure Master Plan project. Once adopted by Council, it will serve as the basis for the preparation of a more detailed master plan in the subsequent and final phase
(Phase B) of the project, subject to Council project funding.

2. The master plan project is a Priority Action in the Council Plan 2021-2025. Council was briefed on the project initiative at the 20 July 2021 and 1 March 2021 Councillor Briefings (OB.117/21 and OB.026/22, respectively), and the draft Strategic Plan was approved for exhibition at the Council Meeting 28 June 2020 (CM.058/22).

3. The draft Strategic Plan investigates ‘what’, ‘how’ and ‘where’ community infrastructure could be provided in Diamond Creek to service the community infrastructure needs of a projected Diamond Creek population of 15,000 in 2036 — and the wider communities of the Shire that the township serves.

4. The exhibition of the draft Strategic Plan gained community awareness and feedback that is vital to consider, along with any verbal submissions at the scheduled PCC, before additional investment is made in furthering the proposals in the draft Strategic Plan in the form of a more detailed master plan.

Related Council decisions

5. The exhibited draft Strategic Plan was approved for exhibition at the Council Meeting 28 June 2022 (CM.058/22).

Options

Alignment to current strategic work – Youth Hub Research Project

6. Two service model/ location options for a youth hub were provided in the exhibited draft Strategic Plan, and community preference for the options was sought through the exhibition survey on Participate Nillumbik. Results are summarised under Community Engagement of this report.

7. Concurrent with this master plan project is Council’s Youth Hub Research Project that aims to outline the requirements for a Shire youth hub, including preferred location in the Shire. It is expected that Council will be briefed on the project at the
20 September 2022 Council Briefing.

8. The two youth hub plan options considered in the draft Strategic Plan, whilst not on greenfield sites, offer the opportunity for purpose-built new builds if existing buildings are demolished, or consideration, of creative adaptability of both existing buildings in the two youth hub options to provide purpose-fit facilities.

9. A preferred location for the youth hub in the Shire has not yet been determined in the research project.

10. The outcomes of the Youth Hub Research Project and its consideration by Council will need to directly inform recommendations concerning the youth hub options considered in the draft Strategic Plan by the time Council will consider its adoption at the Council Meeting 22 November 2022.

11. Should Council decide to invest in a youth hub for the Shire located outside of Diamond Creek, then the youth hub options in the draft Strategic Plan would be removed and youth-friendly spaces would be integrated within the proposed community hub, instead, to provide youth spaces that are immediately accessible to the Diamond Creek youth community.

12. Should Council decide to invest in a youth hub for the Shire that is located in Diamond Creek, the least preferred youth hub option would be removed from the Strategic Plan, taking into consideration the youth hub research and the community feedback on the draft Strategic Plan, and Council’s review of the research and community feedback.

Council plans and policies

13. This report directly supports the achievement of the Council Plan 2021-2025 strategy:

· We address the social, environmental and economic factors of health to improve health and wellbeing outcomes for our communities.

14. This report directly supports the achievement of the Council Plan 2021-2025 Objective:

· To protect, enhance, maintain, plan and design places and spaces that strengthen identity, reinforce character, improve accessibility, encourage social connection and enjoyment, support biodiversity and respect the environment.

15. This report directly supports the achievement of the Council Plan 2021-2025 Priority action:

· Develop a masterplan for community facilities in Diamond Creek including recreation and community precincts and buildings.

16. Diamond Creek Major Activity Centre Structure Plan (adopted 2020).

17. Community Infrastructure Report: Diamond Creek (Draft, V1.0, Dec 2018).

18. Nillumbik Shire Community Infrastructure Needs Assessment (Final Draft, Feb 2020).

19. Early Years Infrastructure Plan 2020–2026.

20. Gender Equality Action Plan 2022–25.

Sustainability implications

21. Not applicable to this phase of the master plan project.

Community engagement

Exhibition engagement

22. The draft Strategic Plan (Attachment 1) was exhibited on Participate Nillumbik for four weeks, from Monday 11 July until Sunday 7 August 2020, inclusive. The purpose of the exhibition was to gain community awareness and specifically seek preference on the two proposed Youth Hub options.

23. The Participate Nillumbik platform provided an explanation of the project, the draft Strategic Plan for viewing and downloading, and a short video explaining the early stage of the draft Strategic Plan in the overall development of a master plan and delivery of infrastructure that requires approvals and funding.

24. The Participate Nillumbik platform provided a user survey focused on seeking community preference for the two Youth Hub options considered and also providing opportunity for any feedback at all on the draft Strategic Plan.

25. The exhibition on Participate Nillumbik was promoted through social media channels, including paid Facebook ads, and general Council Facebook, Instagram and Twitter postings.

26. A3-size posters promoting the exhibition were also posted in existing community facilities that are highlighted for change in the draft Strategic Plan. These posters were also located in some of the similar facility types located in Diamond Creek and elsewhere in the Shire (Community Bank Stadium, Hurstbridge Hub, Eltham and Diamond Valley libraries, and Eltham Leisure Centre), to capture users of those facilities who would be interested in accessing the same facilities in Diamond Creek.

27. Key operators and user groups of existing facilities were notified by email of the exhibition and invited to attend meetings held to create awareness of the exhibition and to outline how feedback could be provided through Participate Nillumbik. Postcards promoting the exhibition were available for collection at real-world meetings held. Key operators/ user groups that attended meetings included:

· Diamond Creek Senior Citizens Club;

· Diamond Creek Senior Citizen Centre clients;

· OM:NI (Old Men: New Ideas);

· Nillumbik U3A (President);

· Maternal and Child Health team members;

· Diamond Creek Memorial Kindergarten, Coniston Street;

· Coniston Street Family Centre supported playgroups;

· Coniston Street Family Centre Grandparents Playgroup;

· Coniston Street Family Centre Little Phoenix Playgroup;

· Living and Learning Nillumbik community programs;

· Diamond Creek Football and Netball Club, and

· Diamond Valley Basketball Association.

28. Presentation was made to the Youth Council at the 11 July Youth Council Briefing to create awareness of the exhibition and to outline how feedback could be provided through Participate Nillumbik. Postcards promoting the exhibition were available for collection.

29. Members of other relevant Council advisory committees were notified by email and invited to attend an on-line meeting held to create awareness of the exhibition and to outline how feedback could be provided through Participate Nillumbik. Members of the following advisory committees were notified:

i. Environment and Sustainability Advisory Committee.

ii. Recreation Trails Advisory Committee.

iii. Positive Ageing Advisory Committee.

iv. Arts and Culture Advisory Committee.

v. Health and Wellbeing Advisory Committee.

vi. Access Advisory Committee.

Exhibition response

30. Forty-six (46) written feedback responses were received. Of the 46 responses:

i. 36 surveys that were provided on Participate Nillumbik were returned (Attachments 3 and 4);

ii. 10 written submissions were received (Attachments 5 and 6).

31. Of the 36 survey responses:

· all respondents indicated their gender, and the majority being 22 (61%) were female;

· 35 respondents indicated their township and all are from the Shire; the majority 20 (57%) are from Diamond Creek, with the next highest townships represented being Eltham 4 (11.5%) and Wattle Glen 3 (8.5%);

· all respondents indicated their type of relationship to Nillumbik, and the vast majority 33 (91.5%) ‘live’ in the Shire;

· all respondents indicated their age group, and the highest recorded age group is 35-39 years 8 (22%), followed by the 30-34 age group 4 (11%); none of the 36 respondents are at, or between, the ages 15 to 24 years, and 2 (5.5%) of the 36 respondents are in the 10-14 age group; 5 (14%) of the 36 survey respondents are 65 or above years of age, 1 (3%) of whom was at or above 85 years of age.

· 33 respondents indicated their identity, and the majority 22 (66.5%) did not identify either as a person with a disability, inclusive of mental illness, LGBTIQ, of Aboriginal or Torres Strait Islander decent, or speaking English as a second language; followed by 5 (15%) who preferred not to say, 3 (9%) identifying as a person with a disability, inclusive of mental illness, 2 (6%) speaking English as a second language, and 1 (3%) identifying as LGBTIQ; none identified as a person of Aboriginal or Torres Strait Islander decent.

32. Some key stakeholder organisations of existing community infrastructure and organisations located within the vicinity of proposed changes in the draft Strategic Plan provided feedback. These included:

i. Diamond Creek Senior Citizens Centre user groups:

· Diamond Creek Senior Citizens Club (submission);

· North of the Yarra Quilters (submission);

· OM:NI (submission), and

· Nillumbik U3A (submission).

ii. Sacred Heart Catholic Primary School Diamond Creek (submission).

iii. Diamond Valley Basketball Association (submission).

iv. Diamond Creek Memorial Kindergarten (Collins St and Coniston St campuses) (submission).

v. Araluen (survey response).

Exhibition feedback – general

33. Generally, there was broad support for the draft Strategic Plan and the investment of community infrastructure in Diamond Creek.

34. Community infrastructure in the draft Strategic Plan that was specifically supported in some of the responses included:

· integrated service models;

· library;

· multi-purpose spaces;

· arts;

· pools, and

· gym.

35. Community infrastructure in the draft Strategic Plan that was specifically unsupported in some of responses included:

· Skate park removal and relocation.

36. Community infrastructure in the draft Strategic Plan that was both supported and unsupported across responses included:

· highball courts;

· Maternal and Child Heath Centre relocation to Coniston Street Family Centre, and

· Youth Hub Plan Options A – Integrated (at proposed Community Hub), and B – Stand-alone (at Diamond Creek Senior Citizens Centre site).

Exhibition feedback – Youth Hub option preference

37. Youth Hub Plan Option A – Integrated, was most preferred across responses.

38. Results from 37 responses providing their preference on the two youth hub plan options, by number of responses, are:

· Youth Hub Plan Option A – Integrated: 21 (57%).

· Youth Hub Plan Option B – Stand-alone: 14 (38%).

· Support for both options: 1 (2.5%).

· Unsupported Youth Hub Plan Option B – Stand-alone:1 (2.5%).

39. Reasons for preferring Youth Hub Plan Option A – Integrated, generally included accessibility to a range of community facilities in the one building, and to encourage intergenerational exchange and community building rather than being isolated. For an expanded summary of reasons refer Attachment 2.

40. Reasons for preferring Youth Hub Plan Option B – Stand-alone, generally included allowing young people to have and be comfortable in their own space, be themselves and create their own community with privacy and security without conflict with other groups or constant adult supervision. For an expanded summary of reasons refer Attachment 2.

41. Because those that preferred the stand-alone youth hub (Option B) did so, essentially, to give young people their own space, there may have been the perception, given the generality of the expression of this reasoning in the feedback, that the integrated youth hub (Option A) was a shared facility and not a facility dedicated to the youth within the community hub, as it is proposed and stated in the draft Strategic Plan. There may also have been a lack of appreciation as to what a ‘dedicated’ youth hub integrated within the community hub may actually mean.

42. Irrespective of this, it is clear that the greater number of respondents prefer the integrated youth hub (Option A), and they did so, essentially, to encourage intergenerational exchange among community: an outcome that can be achieved in the integrated model (Option A) as well as providing youths with their very own space — the factor mostly valued by the lesser number of respondents preferring a stand-alone model (Option B).

43. Youth Hub Plan Option B – Stand-alone, was specifically not supported by the Sacred Heart Catholic Primary School Diamond Creek — refer Attachment 2 for reasons.

Summary of Exhibition feedback

44. A summary of all feedback received, by community infrastructure and/ or issue, is provided in Attachment 2.

Innovation and continuous improvement

45. Not applicable.

Collaboration

46. Not applicable at this strategic stage of the project, however, subject to council funding, the remaining master planning phase of the project will likely require consultation with relevant authorities concerning flood levels and the design and siting of buildings.

Budget implications

47. $65,000 has been allocated for this Strategic Plan phase of the master plan project; the subsequent master plan phase requires further project budget allocation.

48. It is premature to consider project delivery costs at this stage, noting that proposals would be contingent on grant funding.

Relevant law

49. Not applicable.

Regional, state and national plans and policies

50. Not applicable.

Conflicts of interest

51. No officers involved in the preparation of this report have a conflict of interest.

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Planning and Consultation Committee Agenda 11 October 2022

6. Officers’ reports

PCC.031/22 Local Laws

Item: Consultation Matter

Distribution: Public

Manager: Rosa Zouzoulas, Director Planning and Community Safety

Author: Heath Gillett, Community Safety Manager

Summary

The purpose of this report is to identify the findings from the recent exhibition of the Draft Nillumbik General Local Law 1 (Attachment 1) and associated documentation (Attachments 2 and 3) and to enable any submitters to the draft Local Law to make verbal presentations.

This report provides an update on the recent exhibition phase that included consultation on Participate Nillumbik and a number of facilitated drop in sessions.

Feedback and submissions heard at the Planning and Consultation Committee meeting will be reviewed, to inform the final draft of the Local Law.

A range of considerations and issues were identified in the feedback and these are summarised at Attachments 3 and 6. Copies of all feedback received are provided confidential and un-redacted at Attachments 5 and 6, and redacted at Attachments 3 and 4.

A Council Meeting is scheduled for late 2022 for Council to consider whether to adopt the draft Local Law.

Recommendation

That the Committee (acting under delegation from Council):

1. Considers the community engagement conducted on, and feedback provided to, the exhibition of the Draft Nillumbik General Local Law 1 (Attachment 1), and associated documentation (Attachments 2 and 3) including:

a) Exhibition engagement outlined, and community response and feedback included, in this report.

b) Summary of Exhibition feedback (Attachment 3).

c) Exhibition survey responses provided confidential and unredacted (Attachment 3) and redacted (Attachment 4).

d) Exhibition submissions provided confidential and unredacted (Attachment 5) and redacted (Attachment 7).

2. Considers the feedback contained in the submissions and this report during further reviews and finalisation of the Nillumbik General Local Law and associated documentation.

3. Resolves the confidential un-redacted copy of the written submissions to the Draft Nillumbik General Local Law 1 (Attachment 6 and 7) remain confidential on the grounds specified in the definition of confidential information in section 3(1)(f) of the Local Government Act 2020.

4. Writes to all respondents to the exhibition of the draft local law to express Council’s appreciation for their contribution and to advise them of the Committee’s resolution and the next steps in the project.

Attachments

1.	Nillumbik Draft General Local Law 1
2 .	Nillumbik Draft General Local Law 1 - Procedure and Protocol Manual
3 .	Nillumbik Live Local Plant Local
4 .	Participate Nillumbik Completed Surveys Redacted
5 .	Combined Written Submission Redacted
6.	Participate Nillumbik Completed Surveys Unredacted - Confidential
7.	Combined Written Submissions Unredacted - Confidential

Discussion

1. As per the adopted Community Consultation Plan, Phase 3 engagement (exhibition), was carried out for a 3-week period from 1 August 2022 to 22 August 2022. This was extended to 6 September 2022 to ensure all stakeholders had adequate time to respond. Marketing on the diverse engagement options included;

a. Participate Nillumbik

b. Council Website information and update

c. Emails to all subscribers, previous submitters and key community groups, stakeholders and interested parties

d. Advertised via Social Media - numerous ads appeared on all Council’s social media accounts

e. Posters and handouts posted at key locations throughout the Shire.

f. Targeted discussions with key stakeholder groups including the Victoria Police and other authorities.

2. The objective of the community engagement was to gather feedback on the redrafted provisions within the Draft Nillumbik General Local Law 1, regarding their appropriateness, and whether they are fit for purpose for the Nillumbik community in 2022 and beyond.

3. The information below identifies the categories of the Local Law, provides an overview of the feedback received relevant to each category and the percentage of submissions each Part attracted. It is important to note that the summary below may not be inclusive of all feedback received. Attachments 3-7 include all submissions received.

Parts	%	Count
Part 3. Council Land, Buildings and Reserves The predominant feedback is with particular regard to Clause 19f of the draft Local Law. This clause relates to the flying of a drone on Council land (reserves). Submissions suggest the duplication of provisions and request that 19f be deleted on the basis that operators need to abide by the Civil Aviation Safety Authority (CASA) rules and regulations.	14.17%	35
Part 4. Consumption of Liquor in Public Places Feedback to date seeks further clarity of definitions in the main.	2.43%	6
Part 5. Specific Activities Feedback includes requests for a total ban on fireworks in the Shire, and a review of the drafted provisions pertaining to the use of spray cans, the distribution of notices and advertising material, and scare guns in the main.	5.67%	14
Part 6. Animals The noise and amenity impacts from the keeping of roosters and chickens in urban areas was identified as an area of concern and feedback seeks a total ban on the keeping of roosters in urban areas in particular. Feedback further identified support for the draft provision relating to the restrictions on feeding of wild birds in urban areas although feedback is unsupportive of the collection and disposal of animal excrement for horse riders.	12.15%	30
Part 7 Land Use and Amenity The feedback pertinent to draft Part 7 is wide ranging and includes better definitions to define nuisance, unsightly, limiting restrictions on the use of storage containers on land, limiting restrictions on the use of recreational toy vehicles on private land, and unrestricting the use of caravans beyond 30 consecutive days. Moreover, a significant portion of submissions to this part of the draft Local Law provided feedback on the draft provisions for the Bend of Islands. The feedback with respect to the Bend of Islands is supportive of a total prohibition of pets and livestock in the Special Use Zoned area and suggested amendments to the procedure and protocol manual to further strengthen the restriction of the keeping of pets and livestock in the Special Use Zoned area – Bend of Islands.	27.13%	67
Part 8 Waste Disposal Whilst limited feedback was received with regard to this part of the draft local law, the feedback focused on seeking the return of the annual hard waste collection, rather than individual booked collections, on the basis of encouraging people to ‘go shopping’ and reduce landfill. Further feedback states that this whole section is really 'how to do your hard waste' and should be in a brochure or training materials, not by-laws.	4.05%	10
Part 9 Protection and Management of Council Assets and Infrastructure Whilst relatively low feedback was received regarding this draft part of the local law, the submissions suggest that a duplication with planning scheme provisions has been created therefore not warranting the draft part of the local law. Further submissions question the appropriateness of introducing these provisions when Bushfire Management provisions exempt the need for a permit for tree removal. Other submissions question the need for consultant reports to justify applications for tree removal.	2.43%	6
Part 10. Bend of Islands As per feedback identified above in Part 7 of the draft Local Law.	20.24%	50
Part 11. Requirements of Building sites Submissions have sought clarity as to whether a local law is required given the Building Regulations.	2.83%	7
Part 12. Administration of the Local Law Feedback seeks an additional preceding statement to be included to this part of the draft local law.	4.05%	10
Part 13. Enforcing the local law Feedback raised concern that the draft local law does not mention the right of Appeal in relation to any infringement notice or penalty issued by Council.	4.86%	12

Related Council decisions

4. At its Council Meeting on 27 July 2022, Council resolved to;

1. Endorses the Draft Nillumbik General Local Law 1 (Attachment 1), to allow for inconsequential corrections, Notice Proposing a Local Law (Attachment 2) and the inclusion of all incorporated documentation for the purposes of undertaking public exhibition in accordance with Section 73 (3) of the Local Government Act 2020 which includes:

a. Draft Procedure and Protocol Manual (Attachment 3) with changes

b. Live Local Plant policy (Attachment 4).

2. Invites submissions on the Draft Nillumbik General Local Law 1 to Council between 1 August – 22 August 2022.

3. Considers public submissions at the Planning and Consultation Committee meeting to be held in October 2022.

4. Notes that any person who makes a written submission in relation to the Draft Nillumbik General Local Law 1 and requests to be heard in support of their written submission, be invited to talk to their submission at the October 2022 Planning and Consultation Committee meeting.

5. Acknowledges and thanks the significant participation of the community to support the development of the Draft Nillumbik General Local Law 1.

Council plans and policies

5. This report directly supports the achievement of the Council Plan 2021-2025 strategy:

· We seek to enhance community safety, public health, amenity and the environment through improved planning and community engagement, prioritising fair and transparent approaches to managing compliance and enforcement.

Sustainability implications

6. The development of the new Draft Nillumbik General Local Law 1 has been tailored to meet Nillumbik’s unique social, economic and environmental needs.

7. The Draft Nillumbik General Local Law 1 will enable officers to ensure that activities on or affecting Council land or assets are carried out in a responsible manner that protects natural assets and reduces any impact on the environment.

Community engagement

8. The most recent engagement process has been part of a broader consultation program developed for this project.

9. Previous engagements (Phase 1 and Phase 2) sought broader feedback to enable the development of the first draft with Phase 3 affording submitters the opportunity to review and submit further feedback to the refined draft of the Nillumbik General Local Law 1.

10. As with all engagement, all submitters are invited to present their submissions at Planning and Consultation Committee meeting post consultation.

11. Phase 3 engagement forms the final phase of community and stakeholder engagement prior to Council’s consideration of an amended draft local law and formal resolution, providing significant matters are appropriately responded to and not requiring further consultation that cannot be accommodated in the final amended draft of the General Local Law to be considered for formal resolution.

Innovation and continuous improvement

12. Implementation of the new Local Laws in conjunction with the updated Procedure and Protocol Manual and Compliance Policy will streamline services to meet the community expectations.

Collaboration

13. Key stakeholders, both internal and external have been engaged through the development process and the public exhibition phase.

Budget implications

14. The development of the new General Local Law has no implications for the budget.

Relevant law

15. The Local Government Act 2020 prescribes the process for developing, exhibiting and adopting Local Laws. The Act specifies the following governing principals for the development of a Local Law:

a. a local law must not be inconsistent with any Act (including the Charter of Human Rights and Responsibilities Act 2006) or regulations;

b. a local law must not duplicate or be inconsistent with a planning scheme that is in force in the municipal district;

c. a local law for or with respect to the issuing of film permits must not be inconsistent with the film friendly principles;

d. a local law must not exceed the power to make local laws conferred by the Local Government Act 2020 or any other authorising Act;

e. a local law must be consistent with the objectives of the Local Government Act 2020 or any other authorising Act;

f. a local law must be expressed as clearly and unambiguously as is reasonably possible;

g. unless there is clear and express power to do so under the Local Government Act 2002 or any other authorising Act, a local law must not—

i. seek to have a retrospective effect; or

ii. impose any tax, fee, fine, imprisonment or other penalty; or

iii. authorise the sub-delegation of powers delegated under the local law;

h. A local law must comply with any details prescribed in the regulations relating to the preparation and content of local laws.

Regional, state and national plans and policies

16. The Guidelines for Local Laws resources recognise Local Government as a distinct and essential tier of government best placed to make Local Laws in the interests of Victorian communities.

17. The resources seek to equip Councils to undertake best practice Local Law making and achieve a consistent level of performance, rather than impose rigid uniformity.

Conflicts of interest

18. None of the officers preparing this report has a conflict of interest.

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Cr Natalie Duffy Edendale Ward				Cr Peter Perkins (Chairperson Planning Matters) Ellis Ward
Cr Karen Egan Bunjil Ward				Cr Ben Ramcharan (Deputy Mayor) Sugarloaf Ward
Cr Richard Stockman Blue Lake Ward				Cr Frances Eyre (Mayor) Swipers Gully Ward
Katia Croce Governance Lead	Blaga Naumoski Director Governance and Communications	Cr Geoff Paine (Chairperson Consultation Matters) Wingrove Ward	Carl Cowie Chief Executive Officer