Agenda of Council Meeting - Tuesday, 27 May 2025

Council Meeting Agenda 27 May 2025

12. Officers' reports

CM.048/25 Adoption of Budget 2025-2026, declaration of rates and Charges

Distribution: Public

Manager: Melika Sukunda, Manager Finance, Assets and Procurement

Author: Robert Malignaggi, Business Services Lead

Summary

This report recommends that Council formally adopts the annual Budget, and declare the rates and charges for the 2025-2026 financial year.

Council commenced preparation of the 2025-2026 Budget in late 2024 in order to meet all legislative requirements.

The Draft Budget was exhibited for a period of 32 days and the community invited to make submissions. Written sub9-missions were received and considered by a meeting of the Planning and Consultation Committee held on 13 May 2025.

Rates and charges for 2025-2026

The 2025-2026 Budget has been prepared in compliance with the rate capping legislation introduced by the Victorian Government.

The Budget proposes a 3.00 percent increase in rates, the maximum allowable set by the Minister under the Fair Go Rates System.

Capital Works

The Budget proposes a number of significant capital works projects that have been identified through planning and community consultation.

A full list of capital works projects is included in the draft Budget document (Attachment 1).

Policy, planning and services initiatives

The Budget also includes resources for a range of initiatives regarding policy, planning and services.

Strategic Resource Plan

The Strategic Resource Plan has also been reviewed and updated.

The Strategic Resource Plan shows that Council can maintain a balanced Budget within the anticipated rate cap, provided that the assumptions in the Plan are met.

Recommendation

That Council having made publicly available the draft Annual Budget 2025-2026 and having considered all submissions received in respect of such Budget resolves:

1. To adopt as presented the 2025-2026 Budget (Attachment 1).

2. The amount of rates and charges intended to be raised is:

a) An amount of $82,467,929 million (or such greater amount as is lawfully levied as a consequence of this recommendation being adopted) be declared as the amount which Council intends to raise by general rates and annual service charge (described later in this recommendation). The amount declared is calculated as follows:

General Rates $66,810,649

Annual Service Charge $15,657,280

General Rates

3. That general rates be declared in respect of the 2025-2026 Financial Year.

4. That it be further declared that the general rates be raised by the application of differential rates.

5. That a differential rate be respectively declared for rateable land having the respective characteristics specified below, which characteristics will form the criteria for each differential rate so declared.

I. Farm Land

Any land which is ‘farm land’ within the meaning of section 2(1) of the Valuation of Land Act 1960.

II. Commercial/Industrial Land

Any land which is used or adapted to be used primarily for commercial or industrial purposes.

III. Vacant Land – General Residential / Activity Centre Zone / Neighbourhood Residential Zone and Specified Low Density Residential Zones.

Any land located in a General Residential / Activity Centre Zone / Neighbourhood Residential Zone, or in the Low Density Residential Zone (LDRZ) to which DPO4 applies, on which no habitable dwelling is erected.

IV. Other Land

Any land which is not:

- Farm Land

- Commercial/Industrial Land or

- Vacant Land – General Residential / Activity Centre Zone / Neighbourhood Residential Zone and Specified Low Density Residential Zones.

6. That the quantum of rates payable in respect of each rateable land will be determined by multiplying the Capital Improved Value of such land (categorised by the characteristics described in point 6 above) by the relevant rates indicated in the following table:

Category	Rate in Dollar
Farm Land	0.002026 (or 0.2026 cents in the dollar of Capital Improved Value)
Commercial / Industrial Land	0.002765 (or 0.2765 cents in the dollar of Capital Improved Value)
Vacant land – General Residential / Activity Centre Zone / Neighbourhood Residential Zone and Specified Low Density Residential Zones	0.003576 (or 0.3576 cents in the dollar of Capital Improved Value)
General Rate / Other Land	0.002384 (or 0.2384 cents in the dollar of Capital Improved Value)

7. That it be recorded that Council considers that each differential rate will contribute to the equitable and efficient carrying out of Council functions, and that the:

I. respective objectives, uses and levels of each differential rate be those specified in section 4.1.1 of the Budget document (Attachment 1).

II. respective types or classes of land which are subject to each differential rate be those defined in part 7. above.

8. That it be confirmed that no amount is fixed as the minimum amount payable by way of general rate in respect of each rateable land within the municipal district.

9. That in accordance with section 4(4) of the Cultural and Recreational Lands Act 1963, the amount of rates payable in respect of each of the rateable lands to which that Act applies be determined by multiplying the Capital Improved Value of that rateable land by 0.000930 (or 0.0930 cents in the dollar of Capital Improved Value).

Annual Service Charge

10. That an annual service charge be declared in respect of the 2025-2026 Financial Year for the purpose of waste management functions.

11. That except in the case of elderly persons units, the amount of the annual service charge so declared is dependent upon the option chosen by the owner of the land.

12. That the options of the annual service charge are:

Option 1: $679.87 per service in respect of the following three bins:

· 120 litre green waste bin

· 240 litre recycling bin

· 120 litre landfill bin.

Option 2: $543.90 per service in respect of the following three bins:

· 120 litre green waste bin

· 240 litre recycling bin

· 80 litre landfill bin.

Option 3: $951.82 per service in respect of the following four bins:

· 120 litre green waste bin

· 240 litre recycling bin

· 2 x 120 litre landfill bins.

Option 4: $747.86 per service in respect of the following three bins:

· 120 litre green waste bin

· 240 litre recycling bin

· 140 litre landfill bin.

Option 5: $1,223.77 per service in respect of the following three bins:

· 120 litre green waste bin

· 240 litre recycling bin

· 120 litre landfill bin – weekly collection.

13. That the amount of the annual service charge so declared in respect of elderly persons units, being units occupied by elderly persons or persons with a disability where the applicable form of declaration has been received by Council, is $169.97.

14. That for each rateable land or non-rateable land in respect of which an annual service charge may be levied, the annual service charge will apply irrespective of whether the owner or occupier of the land avails himself, herself or itself of the service.

15. That the annual service charge is not declared in respect of, and is not be levied on, any land on which no habitable dwelling is erected.

Rebates – Sustainable Agricultural Land

16. That it be recorded that subject to point 6 of this recommendation, Council may grant a rebate to each owner (or, where applicable, occupier) of land which:

i) is not less than 30 hectares in area.

ii) is otherwise ‘farm land’ under section 2(1) of the Valuation of Land Act 1960.

17. That the rebate be granted to:

i) assist the proper development of the municipal district.

ii) preserve places within the municipal district which are of environmental interest.

iii) restore or maintain places of environmental importance within the municipal district.

iv) more generally achieve the objectives outlined in the Sustainable Agricultural Rebate (SAR) Guidelines.

18. That the grant of the rebate be:

i) subject to the criteria detailed in the SAR Guidelines.

ii) set at a level based on the following two components:

· Component A - a single fixed amount of $100 per eligible property (or per single aggregate of ‘continuous’ properties, as defined in section 13 DC (6) of the Valuation of Land Act 1960).

· Component B - $15 per hectare of ‘productive agricultural land’ across each eligible property. The area of productive agricultural land is calculated for each property by subtracting the apparent area of bushland and domestic use from the total property area. Landowners will be given a single opportunity to challenge this area calculation, after which that figure will be set and documented within the relevant Property Management Plan. Any future change in bushland area will not change the set figure for productive agricultural land.

iii) subject to development of an approved Property Management Plan (PMP) for each eligible property. The development of a PMP will replace the need for an annual SAR application form, yet each Plan must satisfy the following conditions:

· PMP Condition A - The PMP must be submitted for approval to the Environment Department of Council. The approval date for each ratified PMP will be noted and a copy of the document will be retained for Council records.

· PMP Condition B - A separate PMP will be required for each property or aggregate of properties where the owner receives the $100 fixed payment component of the SAR.

· PMP Condition C - Landowners who have previously received the SAR must return their PMP by the date indicated in correspondence that has been sent to the recipient (further detail regarding this point can be obtained from the Sustainability and Environment Unit of Council).

· PMP Condition D - All SAR applicants who have not previously received the SAR will require an approved PMP prior to being eligible for the rebate.

· PMP Condition E - All PMPs will need to be revised by the owner and submitted for re-approval every four years (approximately). Council’s Environment Team will notify landholders when PMP revision is required and will allow ample time and assistance to facilitate this process. The approval date for the revised ratified PMP will be noted and a copy of the document will be retained for Council records.

Payment

19. That in accordance with section 167 of the Local Government Act 1989, Council determines that rates and charges may be paid by four equal quarterly instalments due on:

30 September 2025

30 November 2025

28 February 2026

31 May 2026

Consequential further actions

20. That the Manager Finance, Assets and Procurement be authorised to levy and recover the general rates and annual service charge in accordance with the Local Government Act 1989 and the Local Government Act 2020.

21. That pursuant to section 172(1) of the Local Government Act 1989, Council records that it will require the payment of interest on any amounts of rates and charges which have not been paid by the date specified under section 167 of the said Act for their payment.

22. To authorise the Manager Finance, Assets and Procurement to write to all those who have made a submission on the 2025-2026 Budget, thanking them for their input and advising them of Council’s decision and reasons for the decision.

Attachments

1.	Budget 2025-2026

Discussion

Background

1. Council is required by the Local Government Act 2020 to prepare a Budget for each financial year. The Budget has been prepared in accordance with statutory requirements.

2. Adoption of the Budget is an important policy decision by Council in terms of resource allocation for services and projects in the coming year.

Budget 2025-2026

3. This report is presented to enable Council to formally adopt the Budget and declare the rates and charges for the 2025-2026 Financial Year.

4. This report outlines the key elements of the Budget. Details are provided in the full 2025-2026 Budget document (Attachment 1).

Capital works

5. The Budget includes $21.48 million of capital works projects, of which $5.35 million will be externally funded by grants and $2.1 million from borrowings. The balance will be funded by Council from rates and reserve funds.

6. A full list of capital works projects is included in the draft Budget document (Attachment 1).

Strategic projects and service improvements

7. The Budget provides resources for policy development, as well as policy implementation and service improvements. A full list is provided in the 2025-2026 Budget document (Attachment 1).

Services (Operating Budget)

8. Recurrent operating budgets for Council services have been adjusted to reflect changes in unit costs, including inflationary impacts and contracted prices.

Rates, charges and other revenue

9. The Budget proposes a 3.00 percent increase per property in rates and a 3.27 percent increase to the standard Waste Management Charge.

10. Other fees and charges increases are reflective of cost increases, regulatory requirements and market considerations.

Differential rating

11. At present, Council levies a General Rate, a Farm Rate (15 percent below the General Rate), a Commercial/Industrial Rate (16 percent above the General Rate), a Vacant Land Rate (50 percent above the General Rate) and a Cultural and Recreational Land Rate (61 percent below the General Rate).

Borrowings

12. New loan borrowings of $2.1 million are proposed in 2025-2026

13. This includes $615,000 for the Diamond Creek Mens Shed and $459,000 for the Yarrambat Football Club change rooms.

14. $1.026 million will be set aside to enable Council to respond to potential Government grant funding opportunities.

15. The Strategic Resource Plan provides a ten year forecast of Council’s finances, using projections of expenditure and revenue which are based on a series of assumptions about Council’s services and infrastructure. This information is then used to assess Council’s long-term financial sustainability.

16. Council is forecast to remain within the Auditor-General’s low-risk range on the Indebtedness measure of financial sustainability.

Strategic Resource Plan

17. Council adopts the Strategic Resource Plan in conjunction with the Budget.

18. The Strategic Resource Plan is the financial plan which is required to enable Council to achieve its Council Plan goals over the coming years.

19. The updated version of the Strategic Resource Plan is included in the 2025-2026 Budget (Attachment 1). It incorporates the financial projections in expenditure and revenue which are based on a series of assumptions about the community’s needs and how Council plans to continue to address these needs for services and infrastructure.

20. The Strategic Resource Plan incorporates the 2025-2026 Budget and projections for the next 10 years based on the assumptions.

Financial Sustainability Measures

21. The 2025-2026 Budget includes details of Council’s projected performance over the next ten years, based on the Strategic Resource Plan.

22. These measures include all those used by the Auditor-General to assess financial sustainability for local governments across Victoria.

Related Council decisions

23. Not applicable.

Options

24. Having considered the Budget submissions, Council is now able to formally adopt the Budget 2025-2026 and resolve to declare the rates and charges. It can also adopt the differential rates applied to the classes of land which are listed in the recommendation.

25. Preparation of the annual Budget is a major decision for Council in allocating resources to services and projects for the coming year.

26. The Budget has been prepared with regard to the strategic context provided through the Council Plan and various individual policies, strategies and plans.

27. The Budget and the Strategic Resource Plan are recommended for Council approval.

Council plans and policies

28. This Budget has been developed in the context of the Council Plan 2021-2025. It is also developed in the context of the Strategic Resource Plan which demonstrates how the outcomes of the Council Plan can be resourced in a way which ensures Nillumbik’s ongoing sustainability.

29. In developing the Budget, Council has also considered the key priorities emerging from the master-plans for Council’s major recreation facilities and reserves, the structure plans for Nillumbik’s activity centres, and other Council policies and strategies.

30. The development and adoption of a 2025-2026 Annual Action Plan to support the delivery of the third year of the Council Plan 2021-2025, and its alignment to the Budget, directly supports the achievement of Council Plan 2021-2025 strategy:

· We continue to exercise sustainable and responsible financial management.

Access, Equity and Inclusion

31. A Gender Impact Assessment has been conducted and Gender Responsive Budgeting included within the guidelines as a priority consideration throughout the budget development process.

Sustainability implications

32. Council’s financial sustainability is informed by the indicators set by the Victorian Auditor General’s Office (VAGO).

33. These indicators comprise of both short term and longer term measures. The indicators are calculated and considered as part of the budget process.

Community engagement

34. Council adopted the draft Budget 2025-2026 at the 25 March 2025 Council Meeting for the purpose of community consultation. The draft Budget was made available to the public for a period of 28 days.

35. Submissions in relation to the draft Budget have been sought from the public. Submissions were received and considered at the meeting of the Planning and Consultation Committee on 13 May 2025.

36. The draft Budget was made available on Council’s website, at the Civic Centre and at the Eltham and Diamond Valley libraries.

37. At the meeting of the Planning and Consultation Committee on 13 May 2025, the Committee, acting under delegation from Council, received and considered the submissions in relation to the draft Budget.

Innovation and continuous improvement

38. Continuous improvement and innovation opportunities identified have been considered as part of the budget process.

Collaboration

39. The drafting of budget is conducted in consultation with managers and ELT across the organisation.

40. The draft Budget 2025-2026 was circulated to the Audit and Risk Committee.

Budget considerations

41. The costs of preparing the Budget and annual action plan are funded from operating budget allocations.

Relevant law

42. Local Government Act 1989 and Local Government Act 2020.

43. The approach to the budget and the composition of the financial statements are prepared reflective of the overall compliance with the Australian Accounting Standards.

Regional, state and national plans and policies

44. Not applicable

Conflicts of interest

45. All officers involved in the preparation of this report have made a declaration that they do not have a conflict of interest in the subject matter of this report.

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Council Meeting Agenda 27 May 2025

12. Officers' reports

CM.049/25 2025 Annual Community Survey Results

Distribution: Public

Manager: Jeremy Livingston, Director Culture and Performance

Author: Craig King, Manager Customer Experience and Business Performance

Summary

This report provides an overview of the results from the 2025 Annual Community Survey conducted in February 2025.

The survey is designed to measure community satisfaction with a range of Council services, facilities and activities, and to measure community sentiment on key issues affecting the Nillumbik community.

The survey also assists Council in meeting the Victorian Government’s performance reporting requirements by measuring community satisfaction in a number of areas covered by this survey.

Recommendation

That Council notes the results and findings from the 2025 Annual Community Survey.

Attachments

1.	2025 Annual Community Survey Results

Discussion

1. Metropolis Research undertook the fourteenth Annual Community Survey in February 2025. The survey is designed to measure community satisfaction with a range of Council services, facilities and activities, and to measure community sentiment on key issues affecting the community. The survey also assists Council in meeting the Victorian Government’s performance reporting requirements by measuring community satisfaction in a number of areas covered by this survey.

2. The survey was conducted primarily as door-to-door, face-to-face interviews, with a small sample conducted by phone in rural areas due to occupational health and safety (OHS) and access issues. In total, 502 randomly selected community members completed the survey, which is a sufficient sample size to achieve a representative sample of the diversity of the Nillumbik community.

3. The 2025 survey covers a range of aspects, including:

· Satisfaction with Council’s overall performance;

· Community issues, behaviours and attitudes on various Council activities;

· Satisfaction with planning and housing development;

· Satisfaction with key aspects of governance and leadership;

· Customer service;

· Satisfaction with Council’s communications tools and preferred methods of receiving information from Council; and

· Importance and satisfaction ratings of a range of Council services and facilities.

4. Attachment 1 outlines the results from the survey in a comprehensive report by Metropolis Research.

5. Key results and findings from the 2025 survey are:

a) Overall satisfaction in Council’s performance rates at 6.6 out of 10, a decrease of 4.3% compared to the 6.9 result in 2024.

b) The 6.6 result maintains Council’s overall performance rating at ‘good’. Satisfaction with most aspects of performance either decreased or remained stable compared to the 2024 results;

c) Nillumbik’s result is now well below the northern council’s average of 7.2 out of 10, interface councils (7.1 out of 10) and metropolitan council’s average (7.0 out of 10). These three areas recorded increases in satisfaction in 2025;

d) The overall decrease was primarily driven by dissatisfaction from rural respondents, with regard to local road conditions and a lack of governance and leadership in responding to these issues.

e) Survey results specific to roads maintenance and repairs included:

· 24% of respondents rated it as the top issue for Council to address in the Shire. This increased to 37% of respondents in rural areas, up from 31% last year.

· Satisfaction decreased by 9%, from 6.6 to 5.7 out of 10, and is now well below the metropolitan average of 7.3 out of 10.

f) In terms of satisfaction levels across the five precincts in the Shire, Eltham North and Eltham were more satisfied than average, while Greensborough/Plenty and Rural respondents were less satisfied, with the rural result falling from 7.0 out of 10 to 6.3 in 2025, a 10% decrease.

g) Respondents have identified that the top five important issues in Nillumbik are:

(1) Roads maintenance and repairs (same as last year)

(2) Bushfire management and prevention (up from fifth last year)

(3) Traffic management (down from second last year)

(4) Provision and maintenance of street trees (up from ninth last year)

(5) Council rates (down from fourth last year).

h) There was a decrease this year in the proportion of respondents who were “very satisfied” (i.e., rated satisfaction at eight or more) to 30% (down from 40%), while 10% were “dissatisfied” (i.e. rated satisfaction at less than five).

i) Respondents were asked whether Council’s performance had improved, stayed the same or deteriorated over the past year. There is a slight increase in the proportion of respondents who considered performance had improved (up from 7.0% to 8.0%). There was also a slight decrease in the proportion of respondents who considered performance has deteriorated (from 14.0% to 11.0%);

j) Reasons provided for why performance had improved included a general perception, improved communication and consultation, quicker and more effective responses to queries and requests, maintaining public spaces and responsiveness to environmental issues;

k) Reasons provided for why performance had deteriorated included a range of generally negative comments about Council performance in areas such as a lack of community engagement and communication, roads, traffic and public transport, governance and management, financial issues and rural issues;

l) Respondents more satisfied than the overall average include adults, young adults (aged 18 to 34 years), senior citizens, rental households, residents of the Shire for less than 10 years, and two-parent families (with youngest child aged 0 to 18 years);

m) Respondents less satisfied than average include middle-aged adults, older adults (aged 60 to 74 years), respondents who had contacted Council in the last 12 months, mortgagee households, group households, respondents with a disability and carers of a person with a disability;

n) Satisfaction in all aspects of governance and leadership decreased from 6.9 out of 10 to 6.6, a 4.3% decrease. Whilst this result keeps the satisfaction rating at ‘good’, Council’s performance now rates well below northern councils (7.5), interface councils (7.3) and metropolitan Melbourne councils (7.2);

o) Satisfaction with consultation and engagement decreased slightly from 6.9 out of 10 to 6.8, remaining at a ‘good’ rating. This is still measurably above the long-term average satisfaction since 2015 of 6.50;

p) While key preferred communication methods in email and direct mail remained steady in 2025, there were significant decreases in other methods, including SMS/text (down 12%), telephone (down 11%) and the Council website (down 8.0%);

q) A total of 29% of survey respondents identified that they contacted Council in the last 12 months (up 9% on last year). Customer service continued on the previous two year’s results, recording a further 5.5% improvement to 7.6 out of 10, with all aspects of satisfaction with performance increasing. This measure has improved over 20% since the low point of 2022 (6.33 out of 10);

r) Satisfaction with aspects of the planning approvals process decreased in 2025, down from 6.2 to 5.9 out of 10, moving from ‘solid’ to ‘poor’. Three of the four aspects decreased, with only the timeliness of decisions improving. Three of the four aspects of performance now rate below the metropolitan Melbourne average;

s) Satisfaction with the appearance of quality of newly constructed developments increased slightly from 7.2 out of 10 to 7.4 – rated ‘very good’. This rated marginally above metropolitan Melbourne, the same as interface councils and lower than northern councils;

t) Average satisfaction across the 34 surveyed services across Council increased slightly from 7.5 out of 10 to 7.6 (rated as ‘very good’). The highest score was recorded for Waste and Recycling, at 8.4 (‘excellent’) and the lowest score was for Transport and Infrastructure at 6.9 (‘good’).

u) Environmental programs and facilities, waste and recycling, local libraries and services for children aged 0 to 5 years rated higher than average satisfaction. Support for local businesses (up 10.8%) and environmental programs and facilities (up 8.9%) recorded the most notable increases in satisfaction;

v) Of note is that satisfaction with 20 of the 34 services increased, compared to 17 last year; however only 5 measures rated above the metropolitan councils average;

w) The average importance of the same 34 services remained at 8.9. This now compares unfavourably to Melbourne metropolitan councils, which improved from 8.7 to 9.1). 11 services increased in importance, compared to 33 services in 2024, and no services now rate above metropolitan councils in terms of importance. The services most valued by respondents include kerbside waste collections, maintenance and repair of local sealed roads, provision and maintenance of parks and gardens, services for older people and services for children;

x) Perception of safety in public areas is again very high and continues to rank favourably compared to Melbourne metropolitan, interface and northern region councils. Only 9 respondents (2.0% of survey sample) rated safety, policing and crime as one of the top 3 issues to address in Nillumbik;

y) For the fourth year, questions concerning climate change were asked in the survey, supporting Council’s Climate Action Plan. Respondent’s rated Council leadership in delivering climate action at 6.7 out of 10 (rated as ‘good’), down 3% on last year. Only 25% of respondents were ‘very satisfied’ with Council’s performance in delivering climate change leadership, down from 42% in 2024;

z) For the second year, questions to support the development of Council’s Biodiversity Strategy were included in the survey, asking respondents whether they had undertaken any environmental initiatives in the past 12 months.
The majority of residents had purchased green products to reduce environmental harm, picked up litter, visited bushland reserves and/or planted trees or removed pest weeds and animals on their own property.

Related Council decisions

7. Not applicable.

Options

8. The survey results and report are for noting.

Council plans and policies

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

· We communicate clearly and regularly, taking the time to listen and engage with our community.

Access, Equity and Inclusion

10. An Equity Impact Assessment has not been completed for this report. However, indicators measured in the survey best reflect the principles outlined in the Access, Equity and Inclusion Policy where applicable.

Sustainability implications

11. Not applicable.

Community engagement

12. The Annual Community Survey involved face-to-face interviews with 502 randomly selected residents across five precincts in the Shire. The data collection methodology for this survey meets mandatory Victorian Government reporting requirements.

13. Fieldwork was undertaken in February 2025. To provide some community awareness of this fieldwork, Council placed posts through its website and social media channels shortly before the fieldwork was conducted.

Innovation and continuous improvement

14. With the level of data and information provided in this survey, there are opportunities to analyse the results as they apply to individual service areas, and identify service improvement opportunities. The survey’s findings can also be used by Council when undertaking future Council and service planning, and making budgetary decisions.

Collaboration

15. Not applicable.

Budget considerations

16. Not applicable.

Relevant law

17. The cost of undertaking the Annual Community Survey is met within the existing operational budget.

Regional, state and national plans and policies

18. Not applicable.

Conflicts of interest

19. All officers involved in the preparation of this report have made a declaration that they do not have a conflict of interest in the subject matter of this report.

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Council Meeting Agenda 27 May 2025

12. Officers' reports

CM.050/25 Proposed sale of Council land at 311A Yan Yean Road, Plenty

Distribution: Public

Manager: Blaga Naumoski, Director Governance, Communications and Community Safety

Author: Katia Croce, Manager Governance and Property

Summary

At its Council Meeting on 25 February 2025, Council endorsed to commence the statutory procedures in accordance with section 114 of the Local Government Act 2020 (the Act), to give public notice and undertake a community engagement process in regard to the proposed sale of the land known as 311A Yan Yean Road, Plenty, being the land contained in Certificate of Title Volume 11371 Folio 358 and shown as Reserve 1 on Plan of Subdivision PS416599M on the plan in Attachment 1 (Reserve), subject to terms outlined in this Report.

In accordance with the Act, Council also resolved to consider any submissions received on the proposed sale of the Reserve at a Planning and Consultation Committee Meeting following the conclusion of the community engagement period and prior to making any final decision on whether to proceed with the sale of the Reserve.

Community consultation occurred on the proposal to sell the Reserve between Friday 28 February to Friday 28 March 2025.

Council received no written submissions on the proposal to sell the Reserve known as 311A Yan Yean Road, Plenty. A report was provided to Planning and Consultation Committee on 8 April 2025 to advise that no written submissions were received. At this meeting no verbal submissions were heard.

Given that no submissions were received on the proposed sale of the Reserve, it is now recommended that Council resolve to sell the Reserve by private treaty to the adjoining landowner of 311 Yan Yean Road, Plenty for the current market value of $10,000 plus GST, subject to the conditions outlined in the Recommendation.

Recommendation

That Council:

1. Notes that no submissions were received in response to Council’s public notice and community engagement process, which was undertaken in accordance with section 114 of the Local Government Act 2020 (the Act), regarding the proposed sale of the land known as 311A Yan Yean Road, Plenty, being the land contained in Certificate of Title Volume 11371 Folio 358 and shown as Reserve 1 on Plan of Subdivision PS416599M on the plan in Attachment 1 (Reserve).

2. Resolves to proceed with the sale of the Reserve by private treaty to the adjoining landowner of 311 Yan Yean Road, Plenty (Adjoining Owner) for the current market value of $10,000 plus GST.

The proposed sale of the Reserve will be conditional on:

a) Council removing the reserve status from the land under section 24A of the Subdivision Act 1988;

b) the Adjoining Owner:

i) consolidating the Reserve with the balance of the land at 311 Yan Yean Road, Plenty; and

ii) constructing a new fence on the boundary of the Reserve and the adjoining road reserve, within 6 months after the Settlement Date; and

c) the Adjoining Owner paying all of Council’s costs incurred in connection with the removal of the reserve status of the Reserve and the sale of land.

3. Authorises the Chief Executive Officer to sign on behalf of Council, the Contract of Sale, transfer of land documents, and other documents relating to the sale of land.

Attachments

1.	Plan of Land - Subdivision Plan
2 .	Plan of Land - Aerial View

Discussion

1. Council received a proposal from the owners of 311 Yan Yean Road, Plenty (Adjoining Owner), to purchase the adjoining Reserve, known as 311A Yan Yean Road, Plenty (Reserve). The owners are currently maintaining this area of Council land as it is concealed behind trees and the existing footpath, which was constructed as part of Stage 1 Yan Yean Road works.

2. Council can consider selling surplus minor parcels of land such as this by private treaty to the abutting landowners, if the land cannot be sold on the open market as an individual lot.

3. This land owned by Council is a Reserve No.1 on Plan of Subdivision 416599M for the use of Nillumbik Shire Council. The parcel of land is elongated irregular shaped site with an area of 221m2 as shown in Attachment 1 and 2.

4. There are no easements within the Reserve, however the sale of land would not impact existing easements on the Plan of Subdivision.

5. The existing boundary alignment for 311 Yan Yean Road, Plenty does not align with adjoining properties to the north and south.

6. Council’s surveyor believes this Reserve would have been required as a revenge strip (meaning a small parcel of land or reserve which has been created by a subdivision to stop access from one development to an adjacent development or road). In this case, it was likely created to prevent a secondary crossover when the two lot subdivision occurred for 311 Yan Yean Road, Plenty.

7. The Adjoining Owner currently accesses their property via 317A Yan Yean Road, Plenty. The title of 311 Yan Yean Road has a 173 agreement registered on title which includes vehicle access requirements currently via 317A Yan Yean Road.

8. The site is in the Low Density Residential Zone and affected by the Bushfire Management Overlay, Development Contributions Plan Overlay – Schedule 4 and the Development Plan Overlay – Schedule 4. The minimum subdivision size is 4,000m2, so if the Reserve (221m2) is consolidated with 311 Yan Yean Road (4,541m2) the land would not be large enough to subdivide under the LDRZ.

9. The Development Plan Overlay 4 (DPO4) of which the site is affected identifies site access constraints off Yan Yean Road for this parcel of land.

10. As a requirement prior to the consideration of the sale of land, referral is made to the internal departments to determine if there is a strategic or operational need for the land to be retained in Council ownership. These needs may involve, for example, retention of the land for drainage easement, environmental purposes or public open space.

11. Following internal assessment of the Reserve, the Adjoining Owner was informed that Council can consider selling the land subject to complying with section 114 of the Act.

12. The Adjoining Owner has agreed to the conditions of sale as outlined above and for Council to proceed with the sale of land process.

Related Council decisions

13. Council resolved at the 25 February 2025 Council Meeting to commence the statutory procedures in accordance with section 114 of the Local Government Act 2020 (the Act), to give public notice and undertake a community engagement process on the proposed sale of the Reserve; and consider any submissions following the conclusion of the community engagement period and prior to making any final decision on whether to proceed with the sale of the Reserve.

14. At the Planning and Consultative Committee on 8 April 2025, a report was provided to the Committee noting that no submissions had been received on the proposal to sell the Reserve.

Options

15. As Council received no submissions on the proposal to sell the Reserve, Council officers recommend that Council resolve to sell the land by private treaty to the landowner of 311 Yan Yean Road, Plenty for terms and conditions outlined in the Recommendation.

Council plans and policies

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

· We continue to exercise sustainable and responsible financial management.

Access, Equity and Inclusion

17. Not applicable.

Sustainability implications

18. Native vegetation protection in the planning scheme does carry an exemption for the operation of fencing and therefore could result in some vegetation removal. It does however specify that any vegetation that is to be removed, destroyed or lopped is to the minimum extent necessary.

Community engagement

19. The sale of Council land is subject to the requirements of Section 114 of the Local Government Act 2020, which requires Council before selling or exchanging the land, to give 4 weeks public notice of its intention to sell land on Council’s website and undertake a community engagement process in accordance with Council’s Community Engagement Policy.

20. A public notice was published on Council’s website on Friday 28 February. Reference was also made to the public notice on Participate Nillumbik website.

21. Submissions were open for a four week period, between Friday 28 February to Friday 28 March 2025.

22. Letters were sent to the adjoining properties of the Reserve to be sold, notifying residents of the proposal and community engagement process.

23. No written submissions or verbal submissions were received in response to the public notice and community engagement process for Council to consider before making a final decision on whether to sell the Reserve or otherwise.

Innovation and continuous improvement

24. Not applicable.

Collaboration

25. The proposal was referred to the relevant internal business areas to establish if there is a strategic or operational need for the Reserve to be retained in Council ownership.

26. All areas including Environment, Strategic Planning, Traffic and Transport, Planning, Open Space and Infrastructure, advised that this Reserve has no operational or strategic need to be retained by Council, therefore could be considered for sale to the Adjoining Owner.

Budget considerations

27. Costs associated with selling this Reserve will be paid by the purchaser, in accordance with Council’s sale of minor parcels of land fact sheet.

28. The Adjoining Owner has been provided with the estimated cost to purchase this Reserve from Council, before Council proceeds with the process under the Act. The Adjoining Owner has already reimbursed Council for the market valuation completed and legal fees to date.

29. The Reserve has been valued at $10,000 plus GST by Council’s Valuer.

30. If sold, funds raised by the sale of public open space (POS) will be allocated to the Open Space Reserve and utilised to fund projects that are consistent with the requirements of section 20 and section 24A of the Subdivision Act 1988.

Relevant law

31. Section 20 and section 24A (8) of the Subdivision Act 1988 includes specific obligations on Council if it proposes to sell POS, including; replacement POS and applying proceeds from the sale to acquire or improving Council land for public purposes.

32. The procedures relating to the sale of Council land are governed by the requirements of the Local Government Act 2020 (the Act).

33. The Act requires Council to publicly advertise its intentions to sell land; undertake a community engagement process in accordance with its community engagement policy; and obtain from a suitably qualified person a valuation of the land which is made not more than 6 months prior to the sale or exchange.

34. Council is also obliged to adhere to the Local Government Best Practice Guidelines for the sale, exchange & transfer of land (Department Planning and Community Development - June 2009). These Guidelines refer to circumstances where it may be more appropriate to sell/exchange land by private treaty.

Regional, state and national plans and policies

35. Not applicable.

Conflicts of interest

36. All officers involved in the preparation of this report have made a declaration that they do not have a conflict of interest in the subject matter of this report.

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Council Meeting Agenda 27 May 2025

12. Officers' reports

CM.051/25 Indara lease proposal for telecommunications infrastructure at Eltham Lower Park

Distribution: Public

Manager: Blaga Naumoski, Director Governance, Communications and Community Safety

Author: Katia Croce, Manager Governance and Property

Summary

Council has received a proposal from Downer Group, on behalf of Indara Corporation Pty Ltd (Optus), to enter into a lease with Council to install mobile telecommunications infrastructure at Eltham Lower Park to improve mobile coverage and network issues in the Eltham area.

Indara has been engaged by Optus to address mobile coverage and network issues by establishing additional sites to support Optus’ increasing customer demand.

Eltham has been identified as a black spot, and Downer have determined that Eltham Lower Park is a key location for new infrastructure to enhance telecommunications services.

Downer initially provided Council with a few options for the infrastructure at Eltham Lower Park, however following assessment by Council and further discussions with Downer, the preferred location for the telecommunications infrastructure at Eltham Lower Park is shown in Attachment 1. This location is to ensure the oval remains clear for sports spectators, the telecommunications cabinet is hidden away from the main park area near trees, and ongoing maintenance of the cabinet will not impact on the park’s patrons.

This report outlines the proposal and seeks Council’s endorsement to initiate the statutory process, in accordance with Section 115 of the Local Government Act 2020 (the Act), to conduct community engagement in line with Council’s Community Engagement Policy, prior to entering into a lease agreement with Indara Corporation Pty Ltd for the land at Eltham Lower Park, as shown in Attachment 1.

Recommendation

That Council:

1. Resolves to commence the statutory procedures in accordance with section 115 of the Local Government Act 2020 (the Act), to undertake a community engagement process in accordance with the Council's community engagement policy as outlined in Attachment 2 in respect to the proposal to enter into a lease with Indara Corporation Pty Ltd for part of the land at 570-576 Main Road, Eltham known as Eltham Lower Park shown on the Plan in Attachment 1, on the following terms and conditions:

a) Term of lease: 10 years, with one further term of 10 years.

b) Rent amount: $25,000 per annum plus GST.

c) Rent review: Fixed 3 percent (3%) per annum increase on the anniversary of the commencement date for 10 years, then a market rental review at the end of the first 10 year period.

d) Permitted Use: To construct, maintain and operate a communications facility including but not limited to installing, inspecting, constructing, storing, operating, repairing, maintaining, altering, upgrading and replacing the Tenant’s equipment, in accordance with any applicable planning permit.

e) Tenant’s outgoings: All outgoings including but not limited to; structure and maintenance of all the Tenant’s assets on the leased land, building and public liability insurance, utility supply and usage charges, and reinstatement of land at end of the lease.

f) Relevant approvals received: Ministerial Approval from the Minister or their delegate responsible for the Crown Land (Reserves Act) 1978 must be received on the proposed lease terms and conditions (Grant and Purpose Approval) and then the final agreement (terms and conditions approval), as Council is the Committee of Management for the land. The Tenant must also receive any other relevant approvals including but not limited to planning permit approvals.

2. Considers any submissions on the proposed lease at a future Planning and Consultation Committee Meeting following the conclusion of the community engagement period and prior to making any final decision on whether to proceed with the lease of land to Indara Corporation Pty Ltd.

Attachments

1.	Lease Area - Indara Proposal for Infrastructure
2 .	Community Engagement Plan - Proposed lease to Indara Corporation
3 .	Fact Sheet - Mobile Phone Base Stations
4 .	Coverage Plots - Eltham Lower Park

Discussion

1. Indara has been engaged by Optus to address mobile coverage and network issues and establish additional sites to support Optus increasing customer demand.

2. Downer is one of Indara’s consulting design and constructions firms, which specialises in telecommunications infrastructure. The team is responsible for managing this project from the initial site identification phase, through the design and town planning phase and finally the physical construction of the infrastructure and associated telecommunications equipment.

3. In December 2022, Council received an initial proposal from Downer Group on behalf of Indara to install mobile telecommunication infrastructure at Eltham Lower Park. No details were provided other than proposed lease terms.

4. Council officers advised Downer of Council’s legislative requirements under Section 115 of the Local Government Act 2020 to advertise its intention for any lease over 10 years and that Downer needed to provide a plan showing the proposed infrastructure on the land.

5. In late April 2023, Downer provided an aerial shot showing a pinpoint of the infrastructure location within Eltham Lower Park.

6. Downer were advised by Council officers that they needed to visit the site (Eltham Lower Park) and provide detailed plans of where they were considering locating the infrastructure in Eltham Lower Park, so this could be assessed by the relevant Council departments.

7. Whilst Council officers were awaiting plans from Downer, high level internal consultation occurred and the general feedback was that subject to design plans, Council may be able to consider this proposal to assist in the telecommunications black spot around Eltham.

8. Early October 2023, Downer provided two proposal options, which were high level sketches. These sketches showed one option near the pavilion and the other near the Horse and Pony Club and Dog Park.

9. Initial consultation occurred on both locations, and internal feedback at the time was that the location on the east side of the oval near the Dog Park was preferred so it was away from the main park area and not so visible.

10. Downer were advised that the plans needed to be detailed showing all infrastructure, including the cabinet, footing dimensions and roads on a scaled plan, so Council’s Traffic Management, Infrastructure and Planning Department could assess the proposals adequately and provide feedback.

11. Downer provided two detailed design proposals in late June 2024, for Council officers to assess.

12. As Council officers raised a few concerns with these design plans and proposed locations, an onsite meeting with Downer representatives and Council officers occurred on site in August 2024.

13. At the onsite meeting at Eltham Lower Park, it was agreed that the telecommunications infrastructure could not be located near the Dog Park and a preferred location was on the light pole near the Pavilion and the equipment cabinet being placed away from the oval.

14. Following the onsite meeting, Downer provided Council with two revised proposals in late August 2024 to consider.

15. Following further internal consultation and assessment, the preferred location for the telecommunication structure is shown in Attachment 1, as this ensures the oval remains clear for sports spectators, the cabinet is hidden away from the main park area near trees, and ongoing maintenance of the cabinet will not impact on the park’s patrons.

16. The proposal involves a swap out of one of the current oval light poles near the pavilion, which is 25-meters in height with a 30-meter high pole and construction of a ground based cabinet for equipment, which is estimated to be 3.2m x 1.8m in size but requires a lease area of 4m by 5m. Once the telecommunications infrastructure is on the light pole it will be at a height of 32.87 meters, subject to planning approvals.

17. Downer on behalf of Indara has confirmed the following lease terms and conditions at Eltham Lower Park for their infrastructure:

· Rent Offer - $25,000 p.a – as valued by Council’s valuer

· Rent Review – 3% per annum

· Term – 20 Years (10 years with a further term of 10 years)

· Electricity – Power will be brought to the site and will be separately metered.

18. Council’s valuer has completed an assessment of the market rent for this lease proposal and confirmed by a certificate of valuation that the market rent is $25,000 net of GST and outgoings, this takes into account the above and underground infrastructure connecting the site to the main road; and Eltham is a prime location.

19. Indara have agreed to the rental amount of $25,000 plus GST.

20. The proposed 3% per annum increase to the rent is consistent with standard lease agreements.

21. Indara would like to progress with the lease for the ability for construction to commence in the final months of this year if other aspects were to fall into line (planning approval, design completion, etc).

22. Downer in the lead up to construction would require a geotechnical survey, land survey completed for the lease area and a subcontractor to assess the power supply.

23. Downer has also agreed to work closely with HiTec, Council’s contractor for the sports field lighting pole reinstatement to ensure it meets Council’s requirements.

Safety

24. Downer has provided the attached Factsheet on Mobile Telephone Base Stations and Health to support their infrastructure in this public area, refer to Attachment 3.

25. Similar infrastructure has been installed by Downer in public spaces near sporting fields, example below from John Fisher Park in NSW.

A tall pole with a light on it

AI-generated content may be incorrect.

Why Eltham Lower Park?

26. Eltham area has been identified as a black spot area (refer to related Council decisions) and Optus have ascertained that Eltham Lower Park is a central location where new infrastructure could be located to improve telecommunications around this area.

27. The new telecommunications infrastructure will increase the telecommunications coverage in the area as shown by the Coverage Plots Plan in Attachment 4.

28. As often two companies will share infrastructure instead of constructing additional infrastructure, especially in public areas, Indara may at a later date agree with Telstra or other similar carriers to share the existing infrastructure (lease area).

29. This would mean that less public land would be affected by telecommunications infrastructure, but improved telecommunications coverage would be available to more people through different carriers.

Planning requirements

30. Planning have reviewed the plans and can confirm that by virtue of Clause 52.19 -1 of the Nillumbik Planning Scheme a planning permit will be required as the cabin and light pole are located within an Environmental Significance Overlay and cannot be determined as a low impact facility as specified in the Telecommunications (Low-impact Facilities) Determination 2018 (Cth). In addition, the proposal does not meet any of the other exemptions in the clause.

31. When Downer apply for a planning application the requirement to advertise the application is normally determined by the planning officer after a site inspection in terms of whether there would be any loss of amenity by the installation of the tower. Based on the plans provided by Downer it is likely that Planning would advertise the application as it will be located in a public area.

Other approvals

32. Eltham Lower Park is Crown land located at 570-576 Main Road, Eltham, being Crown Allotment 6G Township of Eltham, Parish of Nillumbik, which Council is Committee of Management.

33. Any lease or licence for Committee of Management land requires the relevant Minister or their delegates consent to the proposed lease terms and conditions (Grant and Purpose Approval) and then the final agreement (terms and conditions approval).

34. Initial advice from DEECA has been that as the lease to Indara will require ground disturbance and is a new use it will require landowner consent for the works to occur. The application should include a letter of support from Nillumbik Council as the appointed Committee of Management.

Construction and timeframes

35. In regard to the expected timeframes, it would be approximately 4-6 weeks total time for the completion of works. The works would be spread across this timeline where some days would have minimal works happening onsite and others would require the full crane setup.

36. When the site gets close to build commencement, Downer intends to work with Council on the best times to complete the works to have minimal impact on the sports club and park visitors.

37. There is planned works to occur to Eltham Lower Park Pavilion, these are programmed to commence around late May 2025 and be completed by 28 November 2025. Further discussion with Downer would need to occur to ensure no conflicts with these works, but possibility of works occurring around the same time to prevent further disruption around the oval and pavilion.

Related Council decisions

38. Community engagement to identify internet and mobile black spots occurred between 6 September to 30 October 2022, as ‘Identifying internet and mobile black spots’ project originated from the Green Wedge Management Plan which includes:

· A1.10 - Advocate for improved internet access and mobile phone coverage to support the ability to create application based services such as ride sharing and on-call transport, as well as for emergency management, education, participation and running home-based businesses.

39. This engagement aimed to engage community members through a social mapping tool and survey that was available on Participate Nillumbik.

40. Community members were asked to share their experience with poor mobile or internet connection.

41. A total of 401 contributions were captured during the engagement period.

42. A Community Engagement Report (Report) ‘Identifying internet and mobile black spots’ dated November 2022, outlined townships where the community has told Council there are blackspots, what work has been done to date by government and the telecommunication companies and next steps for advocacy.

43. In the Report, 34.29% of feedback received experienced connectivity issues in Eltham. This area reported the highest number of issues.

44. Telstra and Optus are the main providers in the Eltham area, refer table below.

Data from A Community Engagement Report ‘Identifying internet and mobile black spots’ dated November 2022

45. Indara has confirmed this site has not received funding from the Connecting Victoria Program (CVP), but they are looking to get some CVP funding more generally, but the sites are chosen by the government. Whether the site receives the funding or not Indara/Optus are committed to providing coverage to the area and will be funding the site themselves.

Options

46. As the lease proposal for telecommunications infrastructure will improve mobile coverage for the local community and presents minimal risk by utilising existing infrastructure without significantly impacting park use or amenity, Council officers recommend that Council endorses to commence the statutory procedures in accordance with section 115 of the Act, to undertake a community engagement process in regard to the lease proposal.

47. Any submissions received on the proposed lease of land can be considered and heard at a future Planning and Consultation Committee meeting.

Council plans and policies

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

· We act in the best interests of our community.

Access, Equity and Inclusion

49. Not applicable

Sustainability implications

50. The proposed infrastructure will have minimal impact on the land, however some vegetation may need to be removed where the equipment shelter is to be located. This will require a planning permit.

51. DEECA also needs to provide Land Owner Consent to the proposed works before any works are undertaken. The proposed works are assessed by their Environmental Planning Area.

Community engagement

52. Downer has been advised of Council’s requirements to undertake community engagement process pursuant to the Local Government Act 2020, for a lease over 10 years unless the lease proposal is included in the Budget.

53. The leasing of Council land is subject to the requirements of Section 115 of the Local Government Act 2020, which requires Council to undertake a community engagement process in accordance with the Council's community engagement policy in respect of the lease proposal if the proposed lease is over 10 years or the rent is over $100,000 per annum.

54. As this lease proposal involves new telecommunications infrastructure on public land, it is appropriate for Council to engage with its community on the matter.

55. Council will need to consider any public submissions received on the matter at a Planning and Consultation Committee meeting, which is proposed to be held on 12 August 2025.

56. The Community Engagement Process in Attachment 2 outlines the proposed process and dates.

Innovation and continuous improvement

57. Council has committed through the Green Wedge Management Plan to advocate for improved internet access and mobile phone coverage. This proposal provides an opportunity for Council to improve coverage for residents, businesses and emergency services within Eltham.

Collaboration

58. Internal consultation has been completed with a number of teams including Recreation and Leisure, Amenities, Traffic and Transport, Capital Works and Strategic Planning and the preferred option provided by Indara is Option 1.

59. Communications and Economic Development & Tourism have completed work already on black spot areas within the Shire, which supports this lease proposal.

Budget considerations

60. Costs associated with the lease proposal have been accounted for in the Governance and Property Department operational budget.

61. There will be legal costs associated with negotiating a lease with Indara Corporation, however Council Officers will request as part of the lease terms and conditions that Indara pay Council’s legal fees of $3,000 plus GST.

62. Council will receive $25,000 per annum income from the lease, with 3% increases annually.

Relevant law

63. Section 115 of the Local Government Act 2020, states that a Council must include any proposal to lease land in a financial year in the budget, where the lease is—

(a) or one year or more and—

(i) the rent for any period of the lease is $100 000 or more a year; or

(ii) the current market rental value of the land is $100 000 or more a year; or

(b) for 10 years or more.

64. If a Council proposes to lease land that is subject to any of the points above and that was not included as a proposal in the budget, the Council must undertake a community engagement process in accordance with the Council's community engagement policy in respect of the proposal before entering into the lease.

65. The Crown Land Reserves Act 1978 (the Crown Land Act) enables reservation of land for a range of public purposes, stipulates how reserved land must be dealt with and prescribes some governance arrangements for committees of management appointed to manage reserved land.

66. The leasing provisions in the Crown Land Act are used to authorise a wide range of leases for commercial and non-commercial purposes on reserved Crown land.

67. Section 17D of the Crown Land Act provides that trustees or committees of management with the approval in writing of the Minister may enter into an Agreement to Lease.

Regional, state and national plans and policies

68. Not applicable.

Conflicts of interest

69. All officers involved in the preparation of this report have made a declaration that they do not have a conflict of interest in the subject matter of this report.

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Council Meeting Agenda 27 May 2025

12. Officers' reports

CM.052/25 Council Plan Quarterly Performance Report 2024-2025 - Quarter 3

Distribution: Public

Manager: Jeremy Livingston, Director Culture and Performance

Author: Craig King, Manager Customer Experience and Business Performance

Summary

The purpose of this report is to present the Council Plan Quarterly Performance Report for noting. These reporting updates are received by Council on a quarterly basis to exhibit in a practicable and tangible way how the Council Plan 2021-2025 is being delivered to the community.

The Council Plan Quarterly Performance Report provides the third update on delivery progress and performance of the 2024-2025 Annual Action Plan actions, which align to delivery of the fourth and final year of the Council Plan 2021-2025.

Of the 30 actions in the 2024-2025 Annual Action Plan, three actions are completed, 25 actions are ‘on track’ for completion and two actions are experiencing minor issues (Attachment 1).

The overall position reflected in the report suggests that Council continues to make solid progress in delivering on key actions of the Council Plan and significant outcomes for the community.

Council has commenced a process for developing the 2025-2029 Council Plan, which will be a key strategy document reflecting Council’s priorities, aspirations and outcomes in the 2025-2029 Council term. Public exhibition of the new draft Council Plan is anticipated to commence in late June.

Recommendation

That Council receives and notes the Council Plan Quarterly Performance Report for the third quarter of 2024-2025.

Attachments

1.	Quarter 3, 2024-2025 Council Plan Performance Report

Discussion

1. The Council Plan 2021-2025 was developed throughout 2021 and adopted by Council in October 2021. The Council Plan 2021-2025 has four high-level strategic themes:

· Community and Connection – to encourage inclusion and participation to support health and wellbeing and ensure that all our residents have equitable access to services, programs, events and initiatives.

· Place and Space – 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.

· Sustainable and Resilient – to manage and adapt to changing circumstances that affect our community to ensure it remains sustainable and resilient, both now and into the future.

· Responsible and Accountable – to facilitate the best possible outcomes for our community, by demonstrating strong leadership and working actively to achieve the community’s objectives.

2. The Annual Action Plan 2024-2025, adopted by Council in May 2024, contains 30 actions contributing to delivery of the Council Plan within the corresponding financial year.

Priority actions

3. Attachment 1 provides a summary of the progress on the 30 actions in the 2024-2025 Annual Action Plan. Of the 30 actions in the plan, three actions are completed, 25 actions are ‘on track’ for completion and two actions are experiencing minor issues.

4. Some of the highlights of activities and deliverables achieved during the third quarter of 2024-2025 included:

a) Implementation of actions under the Disability Action Plan continued, including support for, and promotion of the Health and Wellbeing Plan engagement campaign through ensuring information was accessible, and continuing to plan for the annual Volunteer Recognition Evening;

b) Implementation of the Year 4 Action Plan for the Nillumbik Health and Wellbeing Plan 2021-2025 continues and is on track, with 57 of the 67 actions in the Plan either completed or on track for completion in this financial year. Some of these actions included the successful delivery of the International Women's Day event and significant progress in developing a Gambling Harm Community Profile;

c) Implementation of Council’s Gender Equality Action Plan (GEAP) continued, with actions including completion of 12 Equity Impact Assessments on various Council programs and projects. Council also extended the current GEAP to 30 April 2026 in line with revised reporting requirements from the Commission for Gender Equality in the Public Sector;

d) Work continues to implement initiatives to increase visibility and promotion of environmental volunteering groups throughout the Shire, including through e-newsletters and Council’s website, as well as Council’s events calendar;

e) Delivery of Year 3 actions in the Youth Strategy 2022-2026 was completed, including co-design and delivery of the Youth Priorities Survey, and the launch of a youth co-designed project aimed to reduce gambling harm. A Year 4 implementation plan has been presented to Councillors highlighting Year 4 youth strategy priorities;

f) Delivery of actions in the Arts and Culture Strategy 2022-2026 continued, including final planning for the Nillumbik Prize for Contemporary Art 2025, with 568 applications nationwide, completion of artwork at the Alistair Knox Park Changing Places facility and completion of heritage signage at Uncle William Barak's Bushlands Reserve in Eltham;

g) Delivery of actions in the Recreation and Leisure Strategy 2022-2030 continued, with the completion of the Increasing Active Travel to and from School campaign, with 180 participants logging 488 trips. Key infrastructure projects were also completed at Diamond Creek Tennis Club and the Herberts Lane Playspace in Diamond Creek, and contracts awarded for the upgrade of the Panton Hill Tennis Courts and Diamond Creek Outdoor Pool;

h) The Year 1 Biodiversity Strategy Implementation Plan (2024-2025) and Year 1 Key Urban Tree Canopy Strategy Actions (2024-2025) have been presented to a Councillor Briefing in February 2025. These first year implementation plans for the new strategies build upon and further our work to protect and enhance the Shire's unique and highly valued Green Wedge environment;

i) Work to progress implementation of Council’s Climate Action Plan included signing a new 5-year Memorandum of Understanding (MOU) for membership of the Northern Alliance of Greenhouse Action (NAGA), awarding of funding ($304,000) to install solar and batteries at Hurstbridge Football and Cricket Pavilion, and the launch of a new electrification community education program ‘Power Up Nillumbik’ with two webinars delivered to date;

j) Actions to establish Edendale Community Environment Farm as a climate action hub progressed this quarter, including installation of a shade sail over the main amphitheatre, the commencement of the Edendale Repair Café, and delivery of compost and worm farming workshops for visitors and residents;

k) Key actions completed in the Economic Development Strategy 2020-2030 included holding a Mastering Social Media and Content for Small Business workshop with local businesses, continuation of the successful Small Business Mentoring Program, and distribution of e-newsletters to over 1,700 local businesses;

l) Council continued to advocate to local MPs on priorities in the lead-up to the Federal Election. Council also joined 30 Victorian councils to advocate for pausing of the kerbside glass-recycling service and expansion of the Container Deposit Scheme. Council also continued to support regional advocacy through the Northern Councils Alliance and the Regional Transport Forum, highlighting key transport projects and priorities in Melbourne’s north;

m) Progress on actions in the Communications Strategy 2022-2025 included completion of a Social Media Roadmap, providing Council teams with a more strategic approach to their social media use. A new Issues Management Communications Plan has been drafted with Council’s Emergency Management team, and a communications survey completed with improvements to communication channels being explored to guide the next Communications Strategy;

n) Implementation of the Customer First Strategy 2023-2026 continues to progress well, with highlights including Council again being rated first overall across a range of industry sectors in the Customer Service Benchmarking Australia (CSBA) telephone mystery shopping program, implementation of a new and improved complaints reporting process, and increased reporting on customer data to enhance visibility and supporting long-term decision-making on customer issues; and

o) The 2024-2025 Capital Works program is progressing well and is slightly ahead of the targeted 60% completion in most areas. Quarter 3 saw the completion of key projects including the Ryans Reserve Upgrade, Eltham North Adventure Playground Car Park sealing, Kangaroo Ground Tennis Club Car Park upgrade and the Herberts Lane Playspace in Diamond Creek.

Overall status

5. The overall position as reflected in the report suggests that Council continues to make solid progress in delivering on the key actions supporting the Council Plan.

6. Reporting updates will continue to be received by Council on a quarterly basis that demonstrates in a practicable and tangible way how the Council Plan 2021-2025 is being delivered to the community.

7. Council is also developing the 2025-2029 Council Plan, which will be a key strategy document reflecting Council’s priorities, aspirations and outcomes in the 2025-2029 Council term. It is anticipated that public exhibition of the newly drafted Council Plan will commence in late June.

Related Council decisions

8. Not applicable.

Options

9. This report is for noting.

Council plans and policies

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

· We maintain good governance and transparency; clearly defining and communicating the role of Councillors and Council.

Access, Equity and Inclusion

11. A Gender Impact Assessment has not been completed for this report. However, actions developed in the Performance Report best reflect the principles outlined in the Access, Equity and Inclusion Policy where applicable.

Sustainability implications

12. One of the four themes of the Council Plan includes sustainability, identifying it as a key focus area for Council across the duration of this Council Plan.

Community engagement

13. Through the Our People, Our Place, Our Future community engagement program that occurred in February and March 2021, feedback was received which helped inform the development of the Council Plan 2021-2025. The Council Plan was also developed and refined through a series of workshops with Councillors following the general election in November 2020.

14. The Council Plan was subject to a four-week public consultation process across July and August 2021, with refinements made following the receipt of submissions. The Council Plan was subsequently adopted by Council in October 2021.

15. The Annual Action Plan 2024-2025, reflecting the final year of delivery of the four‑year Council Plan, was also adopted at the May 2024 Council Meeting.

Innovation and continuous improvement

16. Not applicable.

Collaboration

17. Not applicable.

Budget considerations

18. This report is part of Council’s monitoring of the Council Plan 2021-2025. The resources for the monitoring and the preparation of this report are accommodated within the existing operational budget.

Relevant law

19. Not applicable.

Regional, state and national plans and policies

20. Not applicable.

Conflicts of interest

21. Officers who have been involved in the preparation of this report declare that they do not have a conflict of interest in the subject matter of this report.

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Council Meeting Agenda 27 May 2025

12. Officers' reports

CM.053/25 BMX dirt jumps and Community Recreation Park project

Distribution: Public

Manager: Claire Quinlan, Chief Operating Officer

Author: Mike Dean, Acting Manager Recreation and Leisure

Steven Blight, Manager Capital and Infrastructure

Summary

The BMX dirt jumps and Community Recreation Park project was originally planned to be constructed at 145 Allendale Road, Diamond Creek. Due to Cultural Heritage requirements and flood impacts, the project cannot proceed at this location. A new site, Challenger Street Reserve, has been identified and proposed as the new location. This location is outside the floodplain and is not an area of Cultural Sensitivity.

Recommendation

That Council endorses Challenger Street Reserve as the new site selection for the BMX dirt jumps and Community Recreation Park project.

Attachments

Nil

Discussion

1. Council committed $650,000 in the 2022/23 financial year to fund a new BMX dirt jumps site. Growing Suburbs Fund (GSF) committed funding $2,163,424 for a Community and Recreation Park, infrastructure surrounding the BMX dirt jumps.

Funding

Amount

Scope

Growing Suburbs Fund (GSF)

$2,163,424

GSF committed $2,163,424 (Growing Suburbs Fund 2022-23) to support infrastructure around a new BMX Park being built on the site to encourage families to use the space and reduce anti-social behaviour. The project scope will see the delivery of an all-ages community open space and community park. This includes the following:

· DDA compliant toilets amenities and pathways

· Seating

· A bicycle track and learn to-ride track

· Car parking

· Landscaping

· Safety lighting.

The project scope did not include sports infrastructure.

Council

$650,000

Specific to design and construct of the BMX dirt jumps (Please see Attachment 2 Original BMX Concept)

2. The site at 145 Allendale Road, Diamond Creek was originally assessed as the best location to construct a new BMX facility. Key reasons supporting this site were:

a) 93% of people (221 respondents) supported location in the 2021 survey.

b) Direct connection to the Diamond Creek recreational Trail.

c) Total number of 2,458 young people aged 12-25 years in Diamond Creek with an estimated reach of 516 youth in the immediate area.

d) The site is highly visible, and considered safe for all ages.

e) Access is available off Allendale Road

f) Site was open and underutilised, with enough space for the proposal features of the project.

g) The proposed site was in close proximity of the original informal site.

3. In an effort to minimise any potential delays, the Cultural Heritage Management Plan (CHMP) investigation process was initiated immediately after the site was selected. The site triggers a CHMP as it is within an area deemed to be of cultural sensitivity. (anywhere within 200m of a named waterway),

4. The investigation and development of an approved CHMP is a lengthy process with the Wurundjeri Woi-wurrung Cultural Heritage Aboriginal Corporation (WWCHAC) dealing with in excess of 500 applications at any one time.

5. The initial site test pitting revealed a number of artefacts, which in turn elevates the investigation and requires a far more detailed survey and expansive process involving a progressive grid of test pit and trench excavations of varying size and depth. The more they find, the more test pits and trenches are required.

6. In all, over 1200 artefacts were discovered across the site. This resulted in sections of the property being deemed unavailable for the construction of the new BMX jumps and other facilities and the condition that there was to be no excavation on the site as part of the works. The jumps would need to be created above the existing natural surface with imported soils. A total redesign of the proposed jumps was required.

7. Consultants were engaged to carry out flood modelling and investigation for the site, this required site survey and comparison with Melbourne Water flood data. The jumps were modelled and a catchment model was developed to determine pre and post development impact. The modelling showed that there was a 15mm increase in flood levels upstream of the site which impacted residential properties. This was presented to Melbourne Water who rejected the proposal due to this impact.

8. As a result, the site at 145 Allendale Road, Diamond Creek was deemed unsuitable for the proposed BMX park and a new site needed to be found.

9. Following the delays and issues with 145 Allendale, officers have been investigating potential sites that meet the following requirements;

a) Within Diamond Creek – GSF grant condition.

b) Close proximity to the original informal BMX jumps.

c) Outside of the 1:100 year flood plain (determined by MW) – limited to the heritage and planning overlays.

d) Outside of the 200m offset from Diamond Creek – Outside an area deemed to have cultural sensitivity and eliminate the need for a CHMP.

10. After consideration of the original site location matrix assessment, the strong community feedback on it being close to the original site and the other limiting conditions listed above, only one location was deemed to meet all requirements. This is the site shown within the Challenger Street Reserve, located between Challenger Street and Allendale Road which is at the end of Challenger Street, Diamond Creek.

11. Our cultural heritage consultants have confirmed that a mandatory CHMP would not be required. As it is also located above the flood plain of the Diamond Creek, no approval from Melbourne Water would be required.

12. The site does have some limitations. In particular the site is sloped which is considered beneficial for the BMX jumps, however, impact on the associated recreation components will require further investigation. The useable space is also limited due to the heritage and planning overlays.

13. Officers are scheduled to present a new concept plan to councillors in June 2025.

14. Full public consultation would again be required as it is a new location and there are residential properties overlooking the new site.

Related Council decisions

15. Previous Council endorsement of the BMX dirt jumps project within Diamond Creek.

Options

16. Proceed with the proposed new location, Challenger Street Reserve, located between Challenger Street and Allendale Road which is at the end of Challenger Street, Diamond Creek.

17. Investigate further location alternatives, noting this may cause further delays to the project.

Council plans and policies

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

· We facilitate participation in sports, leisure and recreational activities.

· This report also supports the Recreation and Leisure Strategy 2022-2030.

Access, Equity and Inclusion

19. The recreation park will be designed to incorporate Universal Design Principals.

20. A preliminary Gender Impact Assessment has been completed for this project.

Sustainability implications

21. Economic: The relocation ensures efficient use of allocated funding without unnecessary delays.

22. Social: Provides enhanced recreational opportunities for the community.

23. Environmental: Avoids construction in a flood-prone area, ensuring sustainability.

24. Climate Change: The new location ensure that the development does not contribute to further flooding in the future.

Community engagement

25. Community Consultation has been previously undertaken for the BMX jumps with strong support for the project from the community.

26. The relocation will require further community consultation.

Innovation and continuous improvement

27. The relocation reflects adaptive planning and responsive project management to overcome regulatory and environmental constraints

Collaboration

28. Council has consulted with relevant authorities to ensure compliance and project feasibility.

29. Council Officers have been in constant communications with officers from the funding body and kept them informed regarding the delays. The funding body has advised that a variation letter should be drafted with amended grant milestones once the new site location has been confirmed and further public consultation has been completed.

30. The funding body understands the reasons behind the delays and is supportive of Council relocating the project and extending the project timeframes accordingly.

31. This variation request will require ministerial approval.

32. Internal coordination between council teams. Recreation and Leisure and Capital Works teams have guided the site selection process.

Budget considerations

33. The new site will require a redesign, the scope of works will be assessed during this process to ensure the current allocated budget can accommodate.

34. Council has committed $650,000 to funding the BMX dirt jumps.

35. Growing Suburbs Fund has committed funding $2,163,424 for the Community and Recreation Park, infrastructure surrounding the BMX dirt jumps.

Relevant law

36. Not applicable.

Regional, state and national plans and policies

37. Not applicable.

Conflicts of interest

38. All officers involved in the preparation of this report have made a declaration that they do not have a conflict of interest in the subject matter of this report.

Council Meeting Agenda 27 May 2025

12. Officers' reports

CM.054/25 Proposal to rename a section of Duffs Road, Panton Hill to Welton View

Distribution: Public

Manager: Blaga Naumoski, Director Governance, Communications and Community Safety

Author: Katia Croce, Manager Governance and Property

Summary

At its Council Meeting on 25 March 2025, Council endorsed to commence public consultation process on the proposed renaming of a section of Duffs Road, Panton Hill to Welton View as shown on the plan in Attachment 1 and 2, as required under Section 7 of the Naming Rules for Places in Victoria – 2022 (Naming Rules) and Council’s Community Engagement Policy.

Council also resolved to consider any submissions received on the proposed road renaming at the Planning and Consultation Committee Meeting before making a final decision on the road renaming proposal at a future Council meeting.

Community consultation occurred on the road renaming proposal between Friday 28 March to Sunday 27 April 2025.

In response to the Community Engagement process, Council received 32 submissions, with 31 of these supportive of the road renaming proposal. All submissions are included in Attachment 3 (redacted) and Attachment 4 (unredacted). Council considered these submissions at the Planning and Consultation Committee Meeting held on 13 May 2025. No submitters spoke on behalf of their submission.

Following evaluation of all responses received, it is recommended that the section of Duffs Road, Panton Hill as shown in Attachment 1 and 2 be renamed ‘Welton View’.

Recommendation

That Council:

1. As part of the public consultation process required under Section 7 of the Naming Rules for Places in Victoria – 2022 (Naming Rules) and Council’s Community Engagement Policy, notes that 31 out of the 32 submissions received and reviewed supported the proposed renaming of a section of Duffs Road in Panton Hill to Welton View, as depicted in the plans in Attachment 1 and 2.

2. Considers the submissions in Attachment 3 and 4 and notes that all submitters were provided with the opportunity to be heard by the Planning and Consultation Committee on 13 May 2025.

3. Resolves to submit the road renaming for the section of Duffs Road to Welton View (shown in Attachment 1 and 2) to the Registrar of Geographic Names Victoria for consideration and inclusion in VICNAMES register.

4. Advises all submitters and all relevant parties of the outcome on the road renaming proposal for the section of Duffs Road, Panton Hill.

5. Resolves the confidential un-redacted copy of the written submissions to the naming proposal (Attachment 4) remain confidential on the grounds specified in the definition of confidential information in section 3(1)(f) of the Local Government Act 2020.

Attachments

1.	Plan - Road Renaming
2 .	Vicmap - Duffs Road, Panton Hill
3 .	Submissions - Renaming of Duffs Road
4.	Unredacted Submissions - Renaming of Duffs Road - Confidential

Discussion

1. Council received an enquiry from a resident of Goldmans Road, Panton Hill to rename a section of Duffs Road, Panton Hill to Welton View in July 2023, as shown in Attachment 1 and Attachment 2.

2. The road renaming request is due to the fact that Duffs Road, which is a Government Road is split into two sections with no road access through the middle section, yet both sections of the Road are called “Duffs Road”.

3. The land in between both sections of Duffs Road was deemed to be Unused Road and is currently licensed by Department of Energy, Environment and Climate Action (DEECA) to the adjoining landowner of 210 Goldmans Road, Panton Hill. The Unused Road forms part of 210 Goldmans Road paddocks, and is steep terrain with part of a trail running through it.

4. A Government Road is road reserve laid out on Crown land, represented for practical purposes by DEECA. All Government Roads are public highways at common law. Duffs Road is a road for the purposes of the Road Management Act 2004.

5. Geographic Names Victoria (GNV) has confirmed the road name as it stands is non-compliant with the ‘Naming rules for places in Victoria (Naming Rules)’ and does present a risk to public safety. GNV has agreed that this section of road should be renamed to prevent confusion especially for emergency services.

6. The name ‘Welton View’ has been proposed as the Welton family have lived off Duffs Road since the 1950s.

7. The name is in honour of Mrs Welton who passed away and their relevant family history and association to the area.

8. Council officers were initially advised by GNV that the name ‘Welton’ did not meet the GNV naming requirements as:

a) it was too similar to another two names in close proximity being Wilton Vale Road 12.6km away and Wilton Court 14.8km away; and

b) if the person to be commemorated is less than two years deceased then an exemption request should be raised, should Council want to pursue the name.

9. The enquirer was provided with some further name suggestions by Council officers, however as the enquirer was still wishing to proceed with the name ‘Welton View’ they wrote to GNV seeking an exemption and in principle support for the name ‘Welton’.

10. GNV discussed the matter with Council Officers in December 2024 and GNV agreed that they would provide ‘in principal support’ for the proposed name given the low risk and they confirmed this in writing to the enquirer.

11. The Naming Rules, Principle I, states that commemorative names can only be assigned once a person is deceased, so in this instance the name would be in commemoration of Mrs Welton who passed away but also in the longer term in commemoration of the Welton family history in the area.

12. The proposed renaming of part of Duffs Road is subject to Council undertaking the necessary process as outlined in the Naming Rules including community consultation and making a final decision on the proposed name before submitting it to GNV for approval.

13. Council resolved to commence community engagement on the road renaming proposal at the Council meeting on the 25 March 2025.

14. Community engagement on the road renaming proposal occurred between Friday 28 March to Sunday 27 April 2025.

15. On conclusion of the community engagement process, 32 submissions were received via Participate Nillumbik, no written submissions were received. All submissions are included in Attachment 3 (redacted) and Attachment 4 (unredacted).

16. The contribution summary from all submissions received:

Type of submissions	Support the name	Not supportive of the name
Participate Nillumbik	31	1

17. The 31 submitters supportive of the name, were so for the following reasons:

· Good idea to avoid confusion for visitors, emergency services and delivery trucks.

· Happy named after woman in the area

· Fantastic for family rich history.

· Currently lots of cars enter as GPS is confusing.

· Will stop traffic getting lost wrong end of Duffs Road.

· The Weltons spent decades on this property and were crucial part of the community – well deserving tribute.

· Think it is a great honour for the Welton family who raised six children, 11 grandchildren, 18 great-grandchildren and two great-great-grandchildren in their home in Panton Hill.

18. The one submitter who did not support the name ‘Welton View’ did so as they prefer the road to be named after ‘Wurundjeri Woi-wurrung’.

19. The submission not in support of the name is not a significant reason or justification why the name ‘Welton View’ does not comply with the principles within the Naming Rules for places Victoria 2022.

20. All submitters were provided with the opportunity to attend the Planning and Consultation Committee (PCC) Meeting on 13 May 2025 to speak on behalf of their submission. Additionally, members of the public who had not made a written submission were also given the opportunity to speak to the proposal at the meeting.

21. No submitters chose to speak to their submission at the PCC meeting, nor did any other individuals attend to speak for or against the proposal.

22. Council officers have reviewed the name to ensure compliance with the principles within the Naming Rules for places Victoria 2022. These include:

Principle	Officer Comment
Principle A - Ensuring public safety	This section of road should be renamed to prevent confusion especially for emergency services.
Principle B - Recognising the public interest	The short and long term benefits are that a registered name will assist emergency services as well as recognise that the area is a public park for the community which includes a number of public assets.
Principle C - Linking the name to place	Not applicable
Principle D - Ensuring names are not duplicated	Duplication is not allowed within the same locality or the following default distances: · metropolitan urban areas - 5 kilometre radius · regional urban areas, - 15 kilometre radius · rural or remote areas, within a 30 kilometre radius GNV initially advised that the proposed name was too similar to another two names in close proximity being Wilton Vale Road 12.6km away and Wilton Court 14.8km away. They are now satisfied this is low risk and acceptable.
Principle E - Recognition and use of Traditional Owner languages	Not applicable to this proposal.
Principle	Officer Comment
Principle F - Names must not discriminate or be offensive	The name is not considered to be derogatory or patently offensive, and it does not discriminate.
Principle G - Gender equality	The name is in honour of Mrs Welton and long term their family association to the area.
Principle H - Dual names	Not applicable to this naming proposal.
Principle I - Using commemorative names	Commemorative names can only be assigned once a person is deceased, so in this instance the name would be in commemoration of Mrs Welton who passed away but also in the longer term in commemoration of the Welton family history in the area.
Principle J - Using commercial and business names	Not applicable to this naming proposal.
Principle K - Language	Complies with all language requirements. Easy to pronounce, spell and write, and does not exceed three words allowance.
Principle L - Directional names to be avoided	The names complies with this.
Principle M - Assigning extent to a road, feature or locality	The Plan shown in Attachment 1 – outlines the proposed areas. This was shown during the submission phase on Participate Nillumbik and mail out to residents.

Related Council decisions

23. At the Council Meeting on 25 March 2025, Council endorsed to commence public consultation process on the proposed renaming of a section of Duffs Road, Panton Hill to Welton View as shown on the plan in Attachment 1 and 2 as required under Section 7 of the Naming Rules for Places in Victoria – 2022 (Naming Rules) and Council’s Community Engagement Policy.

24. Council considered and heard submissions at the Planning and Consultation Committee meeting on 13 May 2025.

Options

25. Officers have reviewed the submissions received through Participate Nillumbik, and recommend that Council proceed with renaming the section of Duffs Road in Panton Hill, as shown in Attachments 1 and 2, to Welton View; and submit the naming proposal to the Registrar of Geographic Names for consideration of formal registration, as outlined in Item 6.

Council plans and policies

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

· We act in the best interests of our community.

Access, Equity and Inclusion

27. The Naming Rules include Principle G - Gender equality, which states ‘Gender equality in the naming of roads, features and localities is encouraged. When developing a naming proposal consideration should be given to gender equality’.

28. Proposed names must conform to the Principles in the Naming Rules.

29. Council officers considered using Mrs Welton’s first name; however, a duplicate of this name was found in close proximity on the VicNames Register.

30. The proposed name ‘Welton View’ is in honour of Mrs Welton and their family association to the area.

Sustainability implications

31. Not applicable.

Community engagement

32. Council must undertake a public consultation process on the proposed road renaming as required under section 7 of the Naming rules for places in Victoria – 2022 (Naming Rules).

33. This is a key component in the process of naming roads, features and localities. Naming authorities typically consult the public on any naming proposal and must comply with the minimum requirements under Section 7.1, where relevant.

34. Section 7.1 of the Naming Rules include that consultation with the immediate and/or extended community must be a minimum of 30 days, though may be longer.

35. Community engagement on the naming proposal commenced Friday 28 March to Sunday 27 April 2025.

36. Consultation took the form of a survey on Council’s Participate Nillumbik site.

37. The consultation was promoted through:

a) News release on website – explain Participate Nillumbik community engagement;

b) Social posts (where possible);

c) Letters to adjoining and nearby properties;

d) Letters and emails to the relevant Emergency Service Organisations; and

e) The ability to submit hard copy submissions.

38. All submitters were thanked for their contribution to the naming proposal and provided the opportunity to make a verbal presentation to the Planning and Consultation Committee on 13 May 2025.

Innovation and continuous improvement

39. The Naming Rules - Statutory requirements for naming roads, features and localities, was reviewed and updated to fulfil Geographic Names Victoria’s requirement under the Geographic Place Names Act 1998 section 6 to review the ‘guidelines’ once every five years.

40. The Naming Rules were developed following consultation with municipal councils, government departments and emergency response and public service providers.

41. The Naming Rules support commemorative naming of places after women.

42. Council as a statutory naming authority must comply with the Naming Rules, which includes naming principles.

Collaboration

43. Internal consultation has occurred with Governance, Social Planning and Equity, Rates, Assets, Development and Assets, Traffic Management, Community Safety, Capital Works and Infrastructure and Spatial IT Business Analyst on the proposed name ‘Welton View’ and all relevant departments supported the renaming of a section of Duffs Road, Panton Hill to Welton View.

44. The Captain of Panton Hill CFA advised Council prior to commencing community engagement that they are supportive of the name change for this section of Duffs Road.

45. GNV have provided ‘in principal support’ for the proposed name ‘Welton View’.

Budget considerations

46. All costs associated with the naming proposal and community consultation process have been accounted for in the Governance and Property Department operational budget.

47. If Council resolves to rename a section of the road and the name is approved by GNV, the street signage will be paid through the capital budget for signage upgrades at a later date.

Relevant law

48. The Naming rules for places in Victoria 2022, statutory requirements for naming roads, features and localities are commonly referred to as the Naming Rules.

49. The Naming Rules uphold the guidelines in the Geographic Place Names Act 1998. They are mandatory for naming authorities in Victoria.

Regional, state and national plans and policies

50. Not applicable.

Conflicts of interest

51. All officers involved in the preparation of this report have made a declaration that they do not have a conflict of interest in the subject matter of this report.

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Council Meeting Agenda 27 May 2025

12. Officers' reports

CM.055/25 Endorsement of new Youth Council 2025-2027

Distribution: Public

Manager: Corrienne Nichols, Director Communities

Author: Nichole Johnson, Manager Community Partnerships

Summary

The Nillumbik Youth Council acts as a Formal Advisory Committee of Council, consisting of up to fifteen young people aged 15-25 years of age who are passionate about their community and represent the views, ideas and needs of young people in the municipality.

Recruitment for the Youth Council 2025-2027 opened on 26 February 2025 and closed on Sunday 30 March 2025.

This report presents Council with a full copy of the assessment outcomes (see Attachment 1) against the 14 applications that were received for Youth Council 2025-2027 and assessed individually against the selection criteria by an internal assessment panel.

A total of 14 applicants are being recommended for the Nillumbik Youth Council Advisory Committee.

Recommendation

That Council:

1. Endorses the 14 applicants listed (Attachment 1) onto the Nillumbik Youth Council Advisory Committee:

(a) Applicant 1 _____________ for their role as a Youth Council Advisory Committee Member

(b) Applicant 2 _____________ for their role as a Youth Council Advisory Committee Member

(d) Applicant 4 _____________ for their role as a Youth Council Advisory Committee Member

(e) Applicant 5 _____________ for their role as a Arts and Cultural Advisory Committee Member

(f) Applicant 6 _____________ for their role as a Youth Council Advisory Committee Member

(g) Applicant 7 _____________ for their role as a Arts and Cultural Advisory Committee Member

(h) Applicant 8_____________ for their role as a Youth Council Advisory Committee Member

(i) Applicant 9_____________ for their role as a Youth Council Advisory Committee Member

(j) Applicant 10_____________ for their role as a Youth Council Advisory Committee Member

(k) Applicant 11_____________ for their role as a Youth Council Advisory Committee Member

(l) Applicant 12_____________ for their role as a Youth Council Advisory Committee Member

(m) Applicant 13_____________ for their role as a Youth Council Advisory Committee Member

(n) Applicant 14_____________ for their role as a Youth Council Advisory Committee Member

2. Acknowledges and thanks all community members who submitted applications to the Youth Council Advisory Committee.

3. Resolves that the Assessment Outcome (Attachment 1) are to remain confidential on the grounds specified in the definition of confidential information in section 3(1)(f) of the Local Government Act 2020.

4. Resolves that the successful applicants be named.

Attachments

1.	Recommended Youth Council Applicants 2025-2027 - Confidential
2 .	Terms of Reference - Youth Council 2025-2027

Discussion

1. The Nillumbik Youth Council acts as a Formal Advisory Committee of Council, consisting of up to fifteen young people aged 15-25 years of age who are passionate about their community and represent the views, ideas and needs of young people in the municipality.

2. Recruitment for the Youth Council 2025-2027 opened on 26 February 2025 and closed on Sunday 30 March 2025.

3. As per the endorsed Terms of Reference (Attachment 2), Nillumbik Youth Council is to consist of up to fifteen young people aged 15-25 years of age who are passionate for their community and represent the views, ideas and needs of young people in the municipality.

4. The objectives of Nillumbik Youth Council is to:

· Advocate for opportunities, barriers and/or issues impacting on young people in Nillumbik.

· Contribute to the development, implementation, and evaluation of the Nillumbik Youth Strategic Priorities.

· Provide feedback and advice to Council on how to best meet local youth needs.

· Consider and provide advice to Council on its policies, plans and services that impact young people.

· Consider and provide advice on key Government initiatives, programs and reviews.

· Represent the views and needs of young people within Nillumbik.

· Assist Council to communicate, consult and engage more effectively with young people in the Nillumbik community.

· Strengthen partnerships with residents, community groups and services in Nillumbik.

· Contribute to a cycle of continually assessing and improving Nillumbik’s consultation and engagement with young people.

5. Acting under a similar governance model to Council, a Youth Mayor and Deputy Youth Mayor will be elected at the second formal Advisory Committee Meeting. Advisory Committee meetings will be held on a monthly basis with an agenda and minutes.

6. Youth Council are appointed for a two-year term, however all Youth Councillors reserve the right to reconsider their role on Youth Council each year according to work, study or personal commitments.

7. Youth Councillors should represent the diverse and varied needs of the youth community in Nillumbik including but not limited to living in rural Nillumbik, LGBTIQA+, gender diverse, First Nations, people with a disability, chronic illness and/or mental illness, carers, people experiencing or have experienced financial insecurity and culturally and linguistically diverse young people.

Related Council decisions

8. Council unanimously endorsed the establishment of the Nillumbik Youth Council, to act as a formal advisory committee of Council at the 15 December 2020 Council Meeting.

9. Youth Council Advisory Committee Terms of Reference (Attachment 2) were endorsed at a Council meeting held on 25 February 2025.

Options

10. A total of 14 applications were received for Youth Council 2025-2027 and assessed individually against the selection criteria by an internal assessment panel.

11. A panel assessment was then completed to review individual assessment scores and discuss overall suitability in order to approve applicants based on diverse representation across townships, schools, age, gender diversity and lived experience.

12. Shortlisted applicants were then phone screened by a Council Officer to confirm their suitability and commitment to the program. Current Youth Council members were not interviewed as part of this process.

13. A full copy of the assessment outcomes against the 14 applications (Attachment 1).

14. A total of 14 applicants are being recommended for the Nillumbik Youth Council Advisory Committee.

15. The proposed membership represents a diverse and broad range of young people across Nillumbik Shire.

16. Officers acknowledge the very high standard and diversity of all applications received and commend all young people on their applications and passion for community.

17. The remaining 15^th position will stay open, via an enquiry form on the Nillumbik Youth website, for any interested young person to express interest.

18. Induction of the new Youth Council and the first formal Advisory Committee meeting is scheduled for Monday 2 June 2025.

Council plans and policies

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

· We actively engage people of all ages and stages in decisions that affect them, ensuring that initiatives meet current and emerging needs.

Access, Equity and Inclusion

20. An Equity Impact Assessment has been completed. Changes to the Terms of Reference reflects a commitment to ensuring a diverse representation on Youth Council in line with Council’s Access, Equity and Inclusion Policy.

Sustainability implications

21. Not applicable.

Community engagement

22. An Expression of Interest program was open across all of 2024 to allow for young people to enquire about Youth Council and be the first to hear when applications open for the new round of Youth Council. The Expression of Interest form collected 18 enquiries all of which were contact prior to applications opening.

23. The opportunity was promoted in community through a number of different platforms including:

a) Hard copy postcards and posters – total of 100 postcards distributed to community centres, libraries, living and learning centres, youth services, local businesses and schools.

b) Online – via Council website and social media platforms (reaching 4,000 people)

c) Emails – local youth groups, networks and services, schools, directly to young people through youth programs and activities, community groups, sporting clubs, leisure facilities, etc.

d) Newsletters – including Nillumbik News, Youth and School Newsletter.

e) Internally – promoted to Council staff and various teams to support promotions.

f) Word of mouth – phone calls to schools and young people, attending network meetings.

Innovation and continuous improvement

24. Not applicable.

Collaboration

25. Recruitment was supported by many teams across Council to ensure a diverse representation of young people are represented.

Budget considerations

26. An ongoing funding amount of $12,500 per annum commencing July 2021 was endorsed at the 15 December 2020 Council Meeting to allow for remuneration of up to 15 Youth Council members and funds to deliver youth led actions identified in the Youth Strategy.

Relevant law

27. Not applicable.

Regional, state and national plans and policies

28. Not applicable.

Conflicts of interest

29. All officers involved in the preparation of this report have made a declaration that they do not have a conflict of interest in the subject matter of this report.

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Council Meeting Agenda 27 May 2025

12. Officers' reports

CM.056/25 Positive Ageing Advisory Committee - endorsement of new membership

Distribution: Public

Manager: Corrienne Nichols, Director Communities

Author: Narelle Hart, Manager Community Programs

Summary

The Positive Ageing Advisory Committee (PAAC) was established to provide a formal mechanism for Council to consult with community representatives and organisations, and provides a platform whereby these representatives can discuss, advise on and action ideas that support positive ageing in Nillumbik.

Following the endorsement of the Terms of Reference (Attachment 1) for the PAAC at Council meeting on 25 February 2025, recruitment for the new PAAC membership opened on 3 March 2025 and closed on 7 April 2025.

There are 14 PAAC membership positions available and 14 nominations were received, assessed and shortlisted against the selection criteria by an internal assessment panel.

This report updates Council on the proposed ten community nominees and four service provider nominees (Attachment 2) and seeks formal endorsement of the recommended new members.

Recommendation

That Council:

1. Endorse the 14 recommended applicants listed for appointment to the 2025-2027 PAAC (Attachment 2) as a PAAC member:

a) Applicant 1

b) Applicant 2

c) Applicant 3

d) Applicant 4

e) Applicant 5

f) Applicant 6

g) Applicant 7

h) Applicant 8

i) Applicant 9

j) Applicant 10

k) Applicant 11

l) Applicant 12

m) Applicant 13 and

n) Applicant 14

2. Acknowledges and thanks all community members and service providers who submitted an expression of interest to the PAAC.

3. Resolves that the panel recommendation and scoring (Attachment 2) remain confidential on the grounds specified in the definition of confidential information in section 3(1)(f) of the Local Government Act 2020.

4. Resolves that the successful applicants be named.

Attachments

1.	PAAC Terms of Reference 2025
2.	PAAC 2025-2027 EOI Scoring Matrix - Confidential

Discussion

1. The Positive Ageing Advisory Committee (PAAC) was established to provide a formal mechanism for Council to consult with community representatives and organisations, and provides a platform whereby these representatives can discuss, advise on and action ideas that support positive ageing in Nillumbik.

2. The 2023-2025 PAAC term ceased on 23 May 2025, with the last meeting being held on 4 April 2025.

3. The newly endorsed Committee will meet on the first Friday of alternate months, between 10.30am and 1.30pm at the Council Offices, Civic Drive, Greensborough, unless otherwise determined by the Committee.

4. The most recent PAAC expanded its membership to include funded organisations as well as community members. The Terms of Reference allows for up to four organisations and up to ten community representatives.

5. Membership aims to represent a balance of people with lived experience of ageing, disability, ethnic diversity, living in rural Nillumbik, being a carer and service providers offering ageing well services to Nillumbik residents.

6. Members of PAAC advise Council on specific issues relating to ageing broadly, as well as other opportunities and challenges related to ageing and inclusion in Nillumbik.

7. On 25 February 2025, Council endorsed the PAAC Terms of References and the PAAC Expression of Interest (EOI) process to recruit a new committee.

8. The EOI for the new committee was open for a five-week period from 3 March to 7 April 2025, inviting applications from current committee members (who were eligible for a second term), members of the public, and organisations who provide ageing services to the local community.

9. The assessment process scored each nominee’s response to the following:

· Motivation for wanting to join the PAAC

· Ability to demonstrate a range of knowledge, skills and/or lived experience

· Level of understanding of key issues impacting older people in Nillumbik

· Level of understanding of local governments’ role in aged care

· Weighting was given to people from priority groups outlined in Council’s Health and Wellbeing Plan.

10. Expressions of interest were assessed against the selection criteria by Council’s Manager Community Programs and the Positive Ageing Officer, and it is recommended that the ten community members and four service providers (Attachment 2) be appointed to the PAAC for the 2025-2027 term.

11. The nominations for the 2025-2027 PAAC term reflect a balance of those who have served previously as well as new community and service provider nominees.

Related Council decisions

12. On 25 February 2025, Council endorsed the PAAC Terms of References and the PAAC Expression of Interest (EOI) process to recruit a new committee.

13. On 6 May 2025 a report was presented to Council whereby Council:

· Acknowledged the completion of the 2025-2027 Positive Ageing Advisory Committee (PAAC) EOI and assessment process.

· Noted the proposed ten community members, and four local aged care service provider nominees selected to form the membership of the 2025-2027 PAAC committee as per the scoring matrix (Attachment 2).

· Instructed officers to provide a report on nominations for the PAAC to Council for endorsement.

Options

14. That Council formally endorse the 14 nominees recommended for appointment to the 2025-2027 PAAC (Attachment 2).

15. That Council note all applications received from past committee members and new community members and service providers have been recommended for acceptance.

Council plans and policies

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

· We champion equity, diversity, access and inclusion for people of all abilities, ages, cultural identities, gender identities, geographic locations, religions, sexualities, and socio-economic backgrounds.

Access, Equity and Inclusion

17. The EOI process invites diversity and provides a mechanism to assess against these factors.

18. The recommended membership demonstrates a process that promotes access, equity and inclusion by having received EOI’s from individuals identifying as carers, speaking English as a second language, living in the rural parts of the Shire and living with chronic health conditions.

19. Additional support was offered as part of the PAAC application process and contact via the National Relay Service was welcomed.

Sustainability implications

20. Not applicable.

Community engagement

21. Nominations were sought by multiple channels including:

· Online: via Council website and social media platforms

· The Ageing Well in Nillumbik Newsletter, the Nillumbik Newsletter and other Council department e-newsletters

· Positive Ageing networks and community groups

· Word of mouth: phone calls, emails and conversation with participants, volunteers and community groups

· Flyers and posters distributed across the Shire.

Innovation and continuous improvement

22. Having organisations as members provides the PAAC with the opportunity to learn about programs and services, current trends and matters related to the broader aged care sector.

23. In line with Council’s Advisory Committee Policy, a satisfaction survey was conducted with the outgoing PAAC members 2023-2025. This will assist officers to plan future meetings to ensure the advisory committee meets its objectives in the next term.

Collaboration

24. The committee will support ongoing and new partnerships, information sharing and alignment of strategies and programs that contribute to positive ageing across the Nillumbik community.

25. Conducting a ‘Round Table’ sharing time as a regular agenda item at each PAAC meeting that provides all members with the opportunity to update one another about relevant programs, services and activities relating to ageing within the Shire.

Budget considerations

26. All costs associated with the facilitation of the PAAC have been accounted for within the Ageing Well team’s operational budget.

Relevant law

27. The Australian Government introduced the Aged Care Bill 2024 to Parliament on 12 September 2024. It passed both houses of Parliament on 25 November 2024 and will become the new Aged Care Act from 1 July 2025. The new Aged Care Act will impact everyone connected to aged care.

Regional, state and national plans and policies

28. The work and approach of Council’s Ageing Well team is centred on:

· The World Health Organisation (WHO) Age-Friendly Cities Framework

· Ageing Well in Victoria – An action plan for strengthening wellbeing for senior Victorians 2022-2026

· The National Carer Strategy 2024-2034 that sets out a national agenda to support and improve the lives of Australia’s unpaid carers.

Conflicts of interest

29. All Officers involved in the preparation of this report have made a declaration that they do not have a conflict of interest in the subject matter of this report.

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Council Meeting Agenda 27 May 2025

12. Officers' reports

CM.057/25 Inclusion and Access Advisory Committee - endorsement of new membership

Distribution: Public

Manager: Corrienne Nichols, Director Communities

Author: Narelle Hart, Manager Community Programs

Summary

The Inclusion and Access Advisory Committee (IAAC) provides a formal mechanism for Council to consult with key stakeholders, seek specialist advice and enable community participation to promote disability inclusion.

Council endorsed the revised Terms of Reference (Attachment 1) for the 2025-2027 Inclusion and Access Advisory Committee and the proposed 2025 expression of interest process on 25 February 2025.

Council called for Expressions of Interest for the new Inclusion and Access Advisory Committee via a public Expression of Interest (EOI) process from 3 March – 7 April 2025.

There are 14 IAAC membership positions available and 21 nominations were received, assessed and shortlisted against the selection criteria by an internal assessment panel.

Assessments were undertaken by each panel member independently, with member recommendations proposed based on the assessment matrix (Attachment 2).

Following the 6 May 2025 Councillor Briefing, IAAC membership is now recommended.

Proposed membership includes nine community nominees, one community group and four service provider nominees (Attachment 2).

Recommendation

That Council:

1. Endorses the fourteen recommended applicants listed for appointment to the 2025-2027 Inclusion and Access Advisory Committee (Attachment 2) as an Inclusion and Access Advisory Committee member:

· Nine community members:

a) Applicant 1

b) Applicant 2

c) Applicant 5

d) Applicant 6

e) Applicant 7

f) Applicant 8

g) Applicant 10

h) Applicant 11

i) Applicant 12

· Four disability organisation representatives:

j) Applicant 1

k) Applicant 2

l) Applicant 3

m) Applicant 4

· One community group:

n) Applicant 1

2. Notes:

· Applicants 14, 15 and 16 have served two Committee terms and are ineligible for a further term on this occasion.

· Applicant 4 has withdrawn their application.

· Applicants 3, 9 and 13 ranked 15th 16th and 17th and are therefore unsuccessful on this occasion.

3. Acknowledges and thanks all who submitted expressions of interest to the Inclusion and Access Advisory Committee.

4. Resolves that the Panel Recommendations and Scoring (Attachment 2) to remain confidential on the grounds specified in the definition of confidential information in section 3(1)(f) of the Local Government Act 2020.

5. Resolves that the successful applicants be named.

Attachments

1.	Inclusion and Access Terms of Reference (ToR)
2.	Panel Recommendations and Scoring - Confidential

Discussion

1. The current IAAC term concluded on 23 May 2025.

2. The Committee meets on the fourth Friday of alternate months, between 10am and 12pm at the Council Offices, Civic Drive, Greensborough, unless otherwise determined by the Committee.

3. Membership represents a balance of people with lived experience of disability, disability advocates, carers, disability service providers and community groups.

4. Members advise Council on specific actions relating to disability inclusion, as well as other opportunities and challenges related to inclusion in Nillumbik.

5. The 2025 IAAC expression of interest process invited applications from current committee members, members of the public, local community group networks, including the Disability Inclusion Network with over 390 members and key local disability service providers.

6. In accordance with the endorsed IAAC Terms of Reference (ToR), an internal Council assessment panel comprising of Council’s Manager Community Programs, Coordinator Disability, Inclusion and Volunteering and the Disability Inclusion Officer evaluated each nomination against the required selection criteria. The outcome of the assessment process has informed the proposed Officer recommendations.

7. Nominations for the 2025 – 2027 IAAC term reflected a balance of those who have served previously, as well as many new community nominees.

8. The assessment matrix (rating from 1-5) assessed nominee responses for each of the following:

· Interest in joining the Inclusion and Access Advisory Committee;

· Lived experience of disability, carer or advocacy role (for community nominations only);

· Skills, knowledge or experience;

· How their voice will represent the broader needs of people with disability and carers in Nillumbik;

· Understanding of the issues impacting people with disability and carers in Nillumbik;

· Understanding of the IAAC role based on the Terms of Reference; and

· Other local groups or affiliations that may be relevant to IAAC (for community nominations only).

9. Using the IAAC ToR as a guide (Attachment 1), Officers have assessed all nominations and the recommendation for the new membership as per the assessment matrix (Attachment 2) consists of:

· Four local disability service providers and one local community group.

· Nine community members with lived experience of disability and/or carers of people with disability across a range of ages and backgrounds (two of whom are existing IAAC members and are eligible for another term).

Note: One applicant has withdrawn their application.

Related Council decisions

10. In May 2020, Council endorsed the 2020-2024 Disability Action Plan (DAP). The DAP underpins and drives the work of the Committee.

11. At the Councillor Briefing on 18 May 2021 the decision to incorporate the DAP was discussed as follows: “To further streamline and embed disability inclusion, the annual reporting, monitoring and evaluation of the DAP will be incorporated into the Municipal Public Health and Wellbeing Plan. This improvement also serves to satisfy an Inclusion Audit recommendation by Pitcher Partners in 2020”.

12. The Disability Action Plan (DAP) and Ageing Well in Nillumbik Plan (AWiN) will be incorporated into the 2025-2029 Municipal Public Health and Wellbeing Plan (MPHWP). There is clear alignment between the MPHWP, DAP and AWiN priorities and requirements. Incorporating these Plans increases efficiency and impact and streamlines planning and reporting processes.

Options

13. That Council formally endorses the recommended membership for the Committee to allow for the Inclusion and Access Advisory Committee to continue its role in partnership with Council.

Council plans and policies

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

Access, Equity and Inclusion

15. All Committee Terms of Reference (ToR) templates have been aligned to reflect Council’s commitment to the Access, Equity and Inclusion Plan. All ToR templates cite the provision of ‘reasonable support for members to participate in meetings.’ This is negotiated with individual members, as required

16. The IAAC EOI process encourages applications from people with cultural and linguistically diverse backgrounds, people with disability, advocates and carers.

17. Additional support is offered as part of the IAAC application process and contact via the National Relay Service is welcomed.

Sustainability implications

18. Not applicable.

Community engagement

19. Expressions of Interest (EOI) sought via multiple engagement channels including:

· Online via Council’s website and social media platforms.

· The Disability Inclusion Newsletter and other Council department e-newsletters, including hard copy newsletters made available, Shire wide.

· Nillumbik News (vitally important for hard-to-reach groups given it is the only publication delivered to each household in Nillumbik).

· Disability Inclusion networks and community groups.

· Word of mouth. phone calls, emails.

Innovation and continuous improvement

20. The Disability Inclusion team continues to work with and for the community (including individuals, groups, Committees/Networks and service providers) while striving to continuously improve our services, remove barriers and create positive change.

Collaboration

21. Not applicable.

Budget considerations

22. There is no budget implication associated with the matters within this report.

Relevant law

23. Disability Inclusion is a legislative requirement for Council by virtue of section 38 of the Disability Act 2006 (Vic).

24. The implementation of specific disability inclusion actions meets our obligation under the:

· Disability Discrimination Act 1992 (DDA)

· Charter of Human Rights and Responsibilities Act 2006

· United Nations Convention on the Rights of Persons with Disabilities 2006.

Regional, state and national plans and policies

25. The below are the current regional, state and national polices:

· Australia’s Disability Strategy 2021 – 2031

· Victorian State Disability Plan 2022 – 2026

· National Carers Strategy 2024 – 2034.

Conflicts of interest

26. All officers involved in the preparation of this report have made a declaration that they do not have a conflict of interest in the subject matter of this report.

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Council Meeting Agenda 27 May 2025

12. Officers' reports

CM.058/25 Endorsement of Recreation Trails Advisory Committee 2025-2027

Distribution: Public

Manager: Claire Quinlan, Chief Operating Officer

Author: Mike Dean, Acting Manager Recreation and Leisure

Summary

The Recreation Trails Advisory Committee (RTAC) is a group of Nillumbik community members, who gather to disseminate and consider information in order to support Council on the development of recreation trail strategies and plans.

Council endorsed the revised RTAC Terms of Reference (Attachment 2) and the proposed 2025 expression of interest (EOI) process on 25 February 2025.

Council called for EOIs from the community to join the RTAC with the EOI process running from 3 March – 7 April 2025.

The process aimed to attract a diverse group of community members who could represent a broad range of interests, including walking, cycling, horse riding, land care, tourism, advocacy for people with disabilities and general community involvement with recreational trails

This report presents the outcomes of the EOI process, including recommended appointments to the RTAC.

Recommendation

That Council:

1. Endorses the nine recommended applicants listed for appointment to the 2025-2027 RTAC as detailed in the EOI evaluation (Attachment 1):

a) Applicant 1

b) Applicant 2

c) Applicant 3

d) Applicant 4

e) Applicant 5

f) Applicant 6

g) Applicant 7

h) Applicant 8

i) Applicant 9

2. Acknowledges and thanks all community members who submitted an expression of interest to join the RTAC.

3. Resolves that the panel recommendation and scoring (Attachment 1) remain confidential on the grounds specified in the definition of confidential information in section 3(1)(f) of the Local Government Act 2020.

4. Resolves that the successful applicants be named.

Attachments

1.	RTAC EOI Evaluation - Confidential
2 .	RTAC Terms of Reference

Discussion

1. The Recreation Trails Advisory Committee (RTAC) is a group consisting of Nillumbik community members, who gather to disseminate and consider information in order to support council on the development of recreation trail strategies and plans.

2. The RTAC aims to provide a formal mechanism for Council to consult with key stakeholders, seek specialist advice and strengthen community participation in the development and review of new and existing recreation trails within the Nillumbik Shire.

3. The current RTAC term concludes in May 2025, with Council’s endorsement of the 2025-2027 RTAC membership to supersede the current committee.

4. At the Council Meeting on 25 February 2025 Council endorsed the revised RTAC Terms of Reference (ToR) (Attachment 2) and the proposed 2025 EOI process.

5. The EOI process was undertaken to appoint a new RTAC for the period June 2025 – May 2027. The EOI process ran from 3 March – 7 April 2025.

6. The EOI aimed to attract community members with diverse backgrounds and experience to represent a broad range of community interests, including walking, cycling, horse riding, land care, tourism, advocacy for people with disabilities, and general community involvement with recreational trails.

7. Applicants were asked to respond to the following evaluation questions as part of their application:

a) Connection to Nillumbik.

b) Tell us about yourself and why are you interested in joining the Recreation Trails Advisory Committee.

c) Outline your relevant experience relating to the development and use of recreational trails, particularly in the Nillumbik area.

d) Have you previously served on any Council reference groups or committees?

e) Anything else you'd like to add / provide supporting documentation.

8. In accordance with the endorsed RTAC ToR, an assessment panel of three Council Officers evaluated and individually scored each application.

9. A second review was undertaken to ensure there was cross representation of interest groups, residency locations and gender.

10. Guided by the RTAC ToR, the evaluation panel assessed all nominations and recommended the appointment of nine committee members, as detailed in the evaluation summary (Attachment 1). This includes six current RTAC members returning for an additional two-year term and three new members.

Related Council decisions

11. At the Council Meeting on 25 February 2025 Council endorsed the revised RTAC ToR (Attachment 2) and the proposed 2025 EOI process.

12. Council requested Officers to report on nominations to the RTAC following the EOI process.

Options

13. Endorse the nine recommended applicants for appointment to the 2025-2027 RTAC as detailed in the EOI evaluation (Attachment 1).

Council plans and policies

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

· We continue to enhance the Shire’s shared trail network, working proactively to improve connectivity.

Access, Equity and Inclusion

16. The RTAC ToR seek to appoint a person or persons with a disability, or an advocate on behalf of people with a disability, as a key representative on the committee.

Sustainability implications

17. The RTAC Terms of Reference seek to appoint a person or persons from a 'Friends of' group or a land care advocate as a key representative on the committee.

Community engagement

18. The Expressions of Interest process was promoted via multiple engagement channels including:

a) Online: via Council’s website and social media platforms

b) Nillumbik News (vitally important for hard to reach groups as the publication is delivered to each household in Nillumbik) and Nillumbik eNews.

c) Word of mouth: phone calls, emails.

Innovation and continuous improvement

19. Council’s ‘Smarty Grants’ platform was used for the EOI application process, creating consistency across advisory committee processes and other application processes

Collaboration

20. Council aligned three advisory committees terms and membership appointment processes, supporting collaboration and consistency across engagement and communications

Budget considerations

21. Not applicable.

Relevant law

22. Local Government Act 2020

Regional, state and national plans and policies

23. Not applicable.

Conflicts of interest

24. All officers involved in the preparation of this report have made a declaration that they do not have a conflict of interest in the subject matter of this report.

Council Meeting Agenda 27 May 2025

12. Officers' reports

CM.059/25 Expression of Interest Process - Arts and Culture Advisory Committee

Distribution: Public

Manager: Corrienne Nichols, Director Communities

Author: Nichole Johnson, Manager Community Partnerships

Summary

In June 2025, the current two year term for five committee members will end, and Council will call for Expressions of Interest for Arts and Cultural Advisory Committee for seven members to serve two year terms from 2025-2027.

This report presents the Terms of Reference 2025-2027 (Attachment 1) and outlines the expressions process that will open on 30 May and close on 20 June 2025.

Endorsement of the successful applicants for the 2025-2027 committee member will be presented at a Council Meeting scheduled for 26 August 2025.

Recommendation

That Council:

1. Endorses the Terms of Reference 2025-2027 (Attachment 1).

2. Approves the commencement of the expression of interest process from 30 May to 20 June 2025.

Attachments

1.	Terms of Reference - Arts and Culture Advisory Committee 2025-2027

Discussion

1. Council’s Arts and Cultural Advisory Committee enables community members with appropriate expertise and experience to provide advice to Council concerning key issues relating to arts and culture.

2. In June 2025, the current two-year term for five committee members will end, and Council will call for Expressions of Interest for Arts and Cultural Advisory Committee for seven members to serve two year terms from 2025-2027.

3. Up to 14 committee members form the committee, collectively represent a diverse range of arts and cultural expertise.

4. The total of 16 outlined in the Terms of Reference is intended to include the two Councillor representatives.

5. All nominees will be individually scored by a selection panel against evaluation matrix that considers the nominees:

a. Qualifications, skills and/or expertise in the focus areas of the advisory committee.

b. A strong understanding of the local community and its social, environmental and economic influences.

c. An ability to represent a broad range of views that reflect the diversity of the community.

6. A dedicated position within the committee will be reserved for a First Nations artist, curator, producer or creative.

7. Consideration will be given to the diversity of age groups on the committee.

8. The selection panel for making recommendations of members on the Advisory Committee will now consist of a Senior Member of Council (CEO or Director – or delegated Manager) and up to three nominated Council staff members from Arts and Cultural Development team.

Related Council decisions

9. The Arts and Cultural Advisory Committee Terms of Reference 2024-2026 were endorsed at the Council Meeting on Tuesday 23 May 2023.

Options

1. The Terms of Reference are presented in (Attachment 1). The Terms of Reference were updated and reviewed in 2023 and no further changes have been made to the Terms of Reference 2025-2027 (Attachment 1).

2. Expressions of Interest for Arts and Cultural Advisory Committee members will open on 30 May and close at 11.59pm on 20 June 2025.

3. To be eligible for applications, applicants must meet the criteria outlined in the Terms of Reference (Attachment 1).

4. This Expression of Interest process will be recruiting for seven members. The five that will be finishing their terms and for an additional two members to make up the 14 members as per the Terms of Reference.

Council plans and policies

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

Access, Equity and Inclusion

10. Council’s Access, Equity and Inclusion policy has informed inclusion of new measures in the Terms of Reference (Attachment 1), which support increase in the representation of diverse and varied needs of the arts community on the committee.

Sustainability implications

6. Not Applicable.

Community engagement

11. Calls for nominations will be broad, and the proposed communication plan is summarised below:

a. Expression of Interest will launch on 30 May 2025, and will close on to 20 June 2025 if nomination numbers are reached.

b. A recruitment approach which includes targeting diverse community groups and stakeholders will be conducted, reaching local arts leaders, creative practitioners working across all art forms, arts organisations, arts groups, creative businesses, First Nations artists, artists living with a disability and creatives from diverse backgrounds and age groups.

c. The use of various Council social media platforms to ensure a wide range of Council social media followers are aware of nominations.

d. Invitations to nominate will be disseminated through community group networks, and to be promoted through existing contact databases, including current First Nations networks.

e. A call for nominations to be included on Arts and Culture webpages and in the monthly e-newsletter.

f. Wurundjeri Woi-wurrung Cultural Heritage Aboriginal Corporation will be engaged to support First Nations nominations through the Corporation’s own creative network.

Innovation and continuous improvement

12. The Terms of Reference 2025-2027 (Attachment 1) ensure continuous improvement in meeting Advisory Committee Policy and Access, Equity and Inclusion Policy objectives.

Collaboration

13. Recruitment will be supported by many teams across Council to ensure a diverse representation.

Budget considerations

7. Not Applicable.

Relevant law

14. Not Applicable.

Regional, state and national plans and policies

15. Not Applicable.

Conflicts of interest

16. All officers involved in the preparation of this report have made a declaration that they do not have a conflict of interest in the subject matter of this report.

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Council Meeting Agenda 27 May 2025

12. Officers' reports

CM.060/25 Tender Report - Contract 2425-002 Bulk Fuels and Fuel Cards via Procurement Australia Agency Arrangement

Distribution: Public

Manager: Claire Quinlan, Chief Operating Officer

Author: Jeff Saker, Manager Operations Centre

Summary

This report recommends the awarding of contract 2425-002 for Bulk Fuels and Fuel Cards via Procurement Australia (PA) Agency Arrangement.

The Agency contract term is for an initial period of 2 years, with 2 x 1 year options to extend the contract. The total duration of the contract, including the exercise of any options, shall not exceed 4 years.

The Procurement Australia Tender Evaluation Panel (TEP) has assessed all submissions and this report provides a summary of their evaluation in recommending the awarding of the contract for 2425-002 for Bulk Fuels and Fuel Cards via Procurement Australia.

Pursuant to the Instrument of Delegation to the Chief Executive Officer, the value of this contract exceeds the specified financial limits and a Council resolution is therefore required to award the contract.

Recommendation

That Council:

1. Accepts the tender submitted by the preferred tenderer as per the schedule of rates disclosed in (Attachment 1) and enter into the following contract:

Number: 2425-002

Title: Bulk Fuels and Fuel Cards via Procurement Australia

Agency Arrangement.

Term: 1 April 2025 to 31 March 2027

Options: Term extensions up to 31 March 2029

2. Authorises the Chief Operating Officer to finalise and execute the contract documentation.

3. Authorises the Chief Operating Officer to approve contract term extensions.

4. Authorises the Chief Operating Officer to approve changes to operational requirements throughout the term of the contract.

5. Advises Procurement Australia of Councils decision.

6. Makes public the decision regarding this contract but Attachment 1 - Preferred Tenderer Information and Attachment 2 – 2703-0110 Bulk Fuels & Fuel Cards (Member Report prepared by Procurement Australia) remain confidential on the grounds specified in the definition of confidential information in section 3(1)(g) of the Local Government Act 2020.

7. Resolves that the preferred tenderer be named.

Attachments

1.	Attachment 1 - Preferred Tenderer Information - Confidential
2.	Attachment 2 - 2703-0110 Bulk Fuels Fuel Cards (Member Report) - Confidential

Discussion

1. This contract is a business as usual operational contract for supply of bulk fuels to Councils Operations Depot located at 290-304 Yan Yean Road, Plenty, for trucks and vehicles and for issue and supply of fuel cards for Council’s fleet of vehicles.

2. Fuel cards are primarily used for Council’s fleet of tool and trade vehicles.

3. Historically, fuel cards were also required for the fleet of nine shared pool cars at Council’s Civic offices which, at the time of this report, are now all fully electric vehicles.

Council plans and policies

4. This report directly supports the achievement of the Council Plan 2021-2025 strategy Good governance

· We continue to exercise sustainable and responsible financial management.

Climate action

· We work proactively to reduce Council’s direct contribution to climate change and support our community to do the same.

Tender overview

The Tender Evaluation Panel (TEP) advises that:

5. Procurement Australia issued a public tender on 25 September 2024 on behalf of their member organisations and the tender was advertised in the Herald Sun on 25 September 2024.

6. The period for tender submissions closed at 3pm on Wednesday 23 October 2024.

7. There were four different categories that could be tendered for. These are listed below;

· Category 1.1 Bulk Fuels

· Category 1.2 Metered Bulk Fuel Deliveries

Councils only requires Category 1.1 option

· Category 2.1 Multi Branded Fuel Cards

· Category 2.2 Single Branded Fuel Cards

Councils only requires Category 2.2 option

8. There were four tenderers who made a tendered submission. Not all tenderers tendered for all four categories.

9. Procurement Australia has awarded agency contracts to all four tenderers.

10. Only tenderers who tendered for Category 1.1 Bulk Fuels and Category 2.2 Single Branded Fuel Cards as per Council’s needs, are listed provided below.

TENDERER
Tenderer A – Preferred Tender
Tenderer B
Tenderer C

11. The preferred tenderer name is provided in Attachment 1 - Preferred Tenderer Information.

12. The Tender Evaluation Report is provided in Attachment 2 - 2703-0110 Bulk Fuels & Fuel Cards (Member Report).

13. The following Evaluation Criteria and Weightings were applied during the evaluation of the conforming and competitive tenders. These weightings were set and agreed to by the Tender Evaluation Panel Members prior to the issue of the tender.

Criteria	Weighting %
Price	30%
Technical Criteria · Contractor’s Capability · Customer Focus · Corporate Governance & Social Responsibility	70%

Criteria

Weighting %

Price

30%

Technical Criteria

· Contractor’s Capability

· Customer Focus

· Corporate Governance & Social Responsibility

70%

14. The weightings reflect the relative importance of each element to this particular contract. They were determined as being most appropriate after considering numerous factors including (but not restricted to) the time, quality, risk and contract management requirements which were likely to have the most impact on the achievement of best value.

15. The members of the TEP were appointed by Procurement Australia. As such no details are provided in this report as they are not officers of Nillumbik Shire Council

16. The final evaluation outcome was as follows:

· The scoring and evaluation carried out by Procurement Australia provides a total weighted score of 1000 in total.

TENDERER	SCORE	RANK
Tenderer A – Preferred Tender – 1.1 Bulk Fuel	461/1000	1
Tenderer A – Preferred Tender – 2.2 Fuel Cards	425/1000	1
Tenderer B – 1.1 Bulk Fuel	411/1000	2
Tenderer B – 2.2 Fuel Cards	418/1000	2
Tenderer C – 1.1 Bulk Fuel	372/1000	3
Tenderer C – 2.2 Fuel Cards	410/1000	3

17. The recommended tender was the highest ranked and is considered best value because their overall technical score provides evidence that they have the required capacity and capability to deliver the required services needed by Council and their pricing was the most competitive overall.

18. Attachment 1 - Preferred Tenderer Information – Confidential provides the preferred tenderer name.

19. Attachment 2 - 2703-0110 Bulk Fuels & Fuel Cards (Member Report) – Confidential, provides the tenderer names and the Evaluation Scorecard Summary.

20. Attachment 1 - Preferred Tenderer Information to remain confidential on the grounds specified in the definition of confidential information in section 3(1)(g) of the Local Government Act 2020.

21. Attachment 2 - 2703-0110 Bulk Fuels & Fuel Cards (Member Report) to remain confidential on the grounds specified in the definition of confidential information in section 3(1)(g) of the Local Government Act 2020.

Capability and Capacity

22. All four tenderers who have been awarded an Agency contract with Procurement Australia have evidenced their ability, capability and capacity to meet the requirements of the tender and are able to deliver required goods and services to Procurement Australia member organisations.

Tender Interviews and Reference checks

23. As this tender process was run via a third agency, they undertook their internal checks and compliance requirements as per their process and policy.

Collaboration

24. As this tender was issued via an Agency arrangement, it is considered to be a collaborative tender process.

Budget considerations

25. Fuel expenditure is planned for as part of the annual budget planning processes.

26. Council currently uses a multi-branded fuel card that incurs a monthly per card admin transaction fee and there is only a cents per litre (CPL) discount offered when fuelling at a specific company branded service station.

27. When fuelling at another service station (that is not the specific company branded service station), there is no CPL discount offered and there are additional merchant charges charged in addition to the cost of the fuel purchased.

28. Based on business card admin fees, other merchant fees and the unit per litre price and litres of fuel purchased over the past 4 years to period 31 March 2025, moving to the single branded card with the preferred tenderer represents an annual saving of around $8k per year over the 4 year term of the contract.

Sustainability implications

29. Tenderer A is a large national company that has a deep history in modern Australia, they understand their responsibility to be a sustainable, diverse business and to connect with others to empower Aboriginal and Torres Strait Islander peoples and create opportunities for equitable participation in Australian society.

30. Tenderer A are committed to the representation principal of 40% female/40% male/20% any gender. In 2023, they achieved this target with female representation reaching 42% at an overall level, as well as reaching 40% female representation among their senior leaders.

31. Tenderer A are committed to best practice in corporate governance and regularly review their governance policies and practices to ensure that they comply with legal requirements

Stakeholder Consultation/communication

32. Not applicable.

Innovation and continuous improvement

33. Not applicable.

Relevant law

34. Sections 108 and 109 of the Local Government Act 2020.

Regional, state and national plans and policies

35. Not applicable.

Conflicts of interest

36. As part of the tender process, all members of the Tender Evaluation Panel were required to declare any disclosable conflicts of interest.

37. There were no disclosable conflicts of interest raised.

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Council Meeting Agenda 27 May 2025

12. Officers' reports

CM.061/25 Tender Report - Contract 2425-010 Eltham North Reserve Car Park Extension - Construction

Distribution: Public

Manager: Claire Quinlan, Chief Operating Officer

Author: Steven Blight, Manager Capital and Infrastructure

Summary

This report recommends the awarding of contract 2425-010 for Eltham North Reserve Car Park Extension - Construction.

This project is for the extension of the existing car park located at Eltham North Reserve, the works include civil construction works and the installation of public lighting.

The Contacted works will commence 29 May 2025 with an intended practical completion date of 28 November 2025.

The Tender Evaluation Panel (TEP) has assessed all submissions and this report provides a summary of their evaluation in recommending the awarding of the contract for 2425-010 for Eltham North Reserve Car Park Extension - Construction.

Recommendation

That Council:

1. Accepts the tender submitted by the preferred tenderer for the sum of $[Redacted] plus $[Redacted] for contingency (exclusive of GST) as disclosed in (Attachment 1) and enter into the following contract:

Number: 2425-010

Title: Eltham North Reserve Car Park Extension - Construction

Term: 29 May 2025 to 28 November 2025

Options: Nil

2. Authorises the Chief Operating Officer to finalise and execute the contract documentation.

3. Authorises the Chief Operating Officer to approve additional cost variations that are a result of unknown latent site conditions or changes to operational requirements throughout the term of the contract with a value of no more than the total approved budget for the project.

4. Notes that any variations that exceed the agreed approved budget will require a further Council resolution.

5. Advises all tenderers accordingly.

6. Makes public the decision regarding this contract but the Tender Evaluation Report 2425-010 (Attachment 1) remain confidential on the grounds specified in the definition of confidential information in section 3(1)(g) of the Local Government Act 2020.

7. Resolves that the preferred tenderer be named.

Attachments

1.	Attachment 1 - Tender Evaluation Summary Report 2425-010 - Confidential

Discussion

1. The contracted works are undertake the construction of expanded car park facilities at the existing car park at Eltham North Reserve, located at 32 Cedar Avenue, Eltham North 3095.

2. The works include civil construction works and the installation of public lighting.

Council plans and policies

3. This report directly supports the achievement of the Council Plan 2021-2025 strategy Good governance

· We continue to exercise sustainable and responsible financial management.

Tender overview

The Tender Evaluation Panel (TEP) advises that:

4. A public tender was issued on Saturday 22 February 2025.

5. The period for tender submissions closed at 2pm on Thursday 20 March 2025

6. The following tenders were received:

TENDERER
Tenderer 1
Tenderer 2
Tenderer 3 – Preferred Tender
Tenderer 4
Tenderer 5
Tenderer 6
Tenderer 7
Tenderer 8
Tenderer 9
Tenderer 10
Tenderer 11
Tenderer 12
Tenderer 13
Tenderer 14
Tenderer 15
Tenderer 16
Tenderer 17
Tenderer 18
Tenderer 19
Tenderer 20
Tenderer 21
Tenderer 22
Tenderer 23
Tenderer 24
Tenderer 25
Tenderer 26

7. Only tenders that were conforming and competitive were fully scored. Tender submissions that were evaluated as non-conforming or not sufficiently competitive were set aside from further evaluation.

8. The following tenders were evaluated as non-conforming or not sufficiently competitive and were subsequently set aside from further evaluation.

TENDERER	Reasons why tender was set aside from further evaluation
Tenderer 10	Was more than $180k above est. cost of project
Tenderer 11	Was more than $200k above est. cost of project
Tenderer 12	Was more than $230k above est. cost of project
Tenderer 13	Was more than $240k above est. cost of project
Tenderer 14	Was more than $300k above est. cost of project
Tenderer 15	Was more than $300k above est. cost of project
Tenderer 16	Incomplete tendered submission.
Tenderer 17	Incomplete tendered submission. Some mandatory information missing.
Tenderer 18	Incomplete tendered submission. Some mandatory information missing.
Tenderer 19	Incomplete tendered submission. Some mandatory information missing. High number of Sections of Tender Response Form not completed.
Tenderer 20	Incomplete tendered submission. High number of Sections of Tender Response Form not completed.
Tenderer 21	Incomplete tendered submission. Missing some mandatory information.
Tenderer 22	Incomplete tendered submission. Some mandatory Sections of Tender Response Form not completed.
Tenderer 23	Incomplete tendered submission. Missing mandatory documents and sections of Tender Response Form not completed.
Tenderer 24	Incomplete tendered submission – very limited information provided for key requirements.
Tenderer 25	Incomplete tendered submission – very limited information provided for key requirements. .
Tenderer 26	Incomplete tendered submission. Missing mandatory documents and sections of Tender Response Form not completed.

9. The following Evaluation Criteria and Weightings were applied during the evaluation of the conforming and competitive tenders. These weightings were set and agreed to by the Tender Evaluation Panel Members prior to the issue of the tender.

Criteria	Weighting %
Financial Benefit to Council (Price)	50%
Capability (Quality/Technical) and Capacity (Resources)	30%
Collaborative Approach	10%
Economic and Social Sustainability (Social and Local)	10%

10. The weightings reflect the relative importance of each element to this particular contract. They were determined as being most appropriate after considering numerous factors including (but not restricted to) the time, quality, risk and contract management requirements which were likely to have the most impact on the achievement of best value.

11. The members of the TEP were:

Position Title	Business Unit	Scoring Member or Advisory Member
Capital Works Coordinator	Capital and Infrastructure	Scoring
Contract Works Supervisor	Capital and Infrastructure	Scoring
Coordinator Recreation and Leisure Facilities	Recreation and Leisure Services	Scoring
Manager Capital and Infrastructure	Capital and Infrastructure	Advisory
Senior Procurement Specialist	Finance, Assets and Procurement	Advisory
Procurement Officer	Finance, Assets and Procurement	Advisory

12. The final evaluation outcome was as follows:

TENDERER	SCORE	RANK
Tenderer 1	73/100	5th
Tenderer 2	83/100	2nd
Tenderer 3 – Preferred Tender	85/100	1st
Tenderer 4	80/100	3rd
Tenderer 5	65/100	Equal 7th
Tenderer 6	76/100	4th
Tenderer 7	66/100	6th
Tenderer 8	65/100	Equal 7th
Tenderer 9	62/100	8th

13. The recommended tenderer was the highest ranked and is considered best value because they have evidenced in their submission that they have the required experience and capability to successfully deliver against the project requirements and successfully completed similar works for Council.

14. Attachment 1 - Tender Evaluation Summary Report 2425-010 – Confidential, provides the tenderer names and the Evaluation Scorecard Summary.

15. The Tender Evaluation Summary Report 2425-010 (Attachment 1) to remain confidential on the grounds specified in the definition of confidential information in section 3(1)(g) of the Local Government Act 2020.

Capability and Capacity

16. The preferred tenderer has

a) evidenced and referenced experience in these type of civil works projects.

b) successfully delivered this type of civil works projects for Council previously and has a demonstrated ability in engaging with members of the community which will be critical for this project given the location and high use of the site.

c) Provided a works program and the methodology is considered sound.

Tender Interviews and Reference checks

17. As the preferred tenderer is well known to Council, tender interviews and reference checks were not required.

Contingency and risks

18. The Eltham North Reserve is a highly attended community site and facility.

19. There are clear plans to ensure there is minimal disruption to users of the site and facilities during the construction works.

20. An on-site meeting was held with two shortlisted tenderers to ensure there is a clear understanding of the expectations and requirements by Council in respect to the way civil works are carried out.

Collaboration

21. Not applicable.

Budget considerations

22. There is an approved budget for this project.

23. The preferred supplier’s submission and contingency can be accommodated in the approved budget.

Sustainability implications

24. Council will be using 100 percent recycled plastic pipes for this project for the stormwater drainage requirements. This product has been researched by Council officers and replaces the general concrete type pipes usually used for this type of project.

25. The product is Australian made from 100% Australian recycled plastic, is approved by Vic Roads and has been successfully used in similar situations for over 20 years.

26. The tenderer will be required to provide a Waste to Landfill Minimisation Report upon completion of project.

27. Preferred tenderer’s business is located with the Northern Council Alliance (NCA) area and provides employment to more than 15 residents that reside within the NCA area.

28. Recycled Plastic Bollards and environmentally friendly concrete and asphalt products will be used in the project.

Stakeholder Consultation/communication

29. Key stakeholder groups, including the North Eltham Wanderers Cricket Club and Eltham Redbacks Football Club were consulted during the design of the project.

30. Further ongoing consultation will be undertaken with the clubs, the scout group and the Eltham North Primary School before and during construction of the project to ensure any inconveniences can be kept to a minimum.

31. Project details were also listed on the Council website.

32. The project methodology is based off of feedback from the sporting clubs which are the two main user groups. Contractors have allowed in their submissions to stage the works where possible to ensure the existing carpark can remain open at all times to minimise disruption.

Innovation and continuous improvement

33. Not applicable.

Relevant law

34. Sections 108 and 109 of the Local Government Act 2020

Regional, state and national plans and policies

35. Not applicable.

Conflicts of interest

36. As part of the tender process, all members of the Tender Evaluation Panel were required to declare any disclosable conflicts of interest.

37. There were no disclosable conflicts of interest raised.

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Council Meeting Agenda 27 May 2025

12. Officers' reports

CM.062/25 Instrument of Appointment and Authorisation (Planning and Environment Act 1987)

Distribution: Public

Manager: Blaga Naumoski, Director Governance, Communications and Community Safety

Author: Katia Croce, Manager Governance and Property

Summary

Section 224 of the Local Government Act 1989 provides for the appointment of Authorised Officers for the purposes of the administration and enforcement of any Act, regulations or local laws which relate to the functions and powers of the Council.

The Chief Executive Officer makes these appointments by authority conferred by Instrument of Delegation by Council dated 25 March 2025.

Section 147(4) of the Planning and Environment Act 1987 provides for the appointment and authorisation of Council Officers for the purpose of the Planning and Environment Act 1987.

To strengthen Council’s decision making and enforcement processes, appointment of authorisation under the Planning and Environment Act 1987 is being recommended by Council Resolution.

Recommendation

That Council in the exercise of the powers conferred by s147(4) of the Planning and Environment Act 1987, resolves that:

1. The Nillumbik Shire Council staff referred to in the Instrument of Appointment and Authorisation (Planning and Environment Act 1987) (Attachment 1) be appointed and authorised as set out in the instrument.

2. The common seal of Council be affixed to the Instrument.

3. The Instrument comes into force immediately after the common seal of Council is affixed to the Instrument and remains in force until Council determines to vary or revoke it.

Attachments

1.	Instrument of Appointment and Authorisation for Planning and Environment Act 1987

Discussion

1. The purpose of this report is for Council to consider executing an Instrument of Appointment and Authorisation under the Planning and Environment Act 1987 (Instrument).

2. Instruments of Appointment and Authorisation enable Council staff to exercise powers permitted to authorised officers under legislation or Council local laws.

3. Council subscribes to the Maddocks Authorisations and Delegations service. The appointment and authorisation of officers for the purposes of enforcing the Planning and Environment Act 1987 enables day to day statutory and operational decisions to be made in relation to this Act.

4. The proposed Instrument (Attachment 1) is based on the model developed by Maddocks Lawyers and available through the subscription service.

5. Maddocks recommend that Officers enforcing the Planning and Environment Act 1987 be authorised by Council resolution and that Instruments of Appointment and Authorisation be refreshed on a regular basis. The instruments are reviewed by Governance as required to ensure they are up to date.

Related Council decisions

6. The current Instrument was resolved by Council on 29 April 2025.

Options

7. It is recommended by Officers that Council resolves that the Officers referred to in the instrument (Attachment 1) be appointed and authorised as set out in the instrument.

Council plans and policies

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

· We act in the best interests of our community.

Access, Equity and Inclusion

9. Not applicable.

Sustainability implications

10. Not applicable.

Community engagement

11. As a legislative requirement and an administrative function of Council, Community engagement is not required.

Innovation and continuous improvement

12. Council’s appointments and authorisations under the Planning and Environment Act 1987 have been signed under delegation to the CEO in accordance with legal advice. In order to strengthen Council’s decision making and enforcement process it is recommended that Council make these appointments by Council Resolution.

Collaboration

13. Not applicable.

Budget considerations

14. The appointment of authorised officers is an administrative exercise undertaken by Council Officers. There is no additional resourcing required if Council supports and resolves the officer recommendation.

Relevant law

15. Section 224 of the Local Government Act 1989

16. Section 147(4) of the Planning and Environment Act 1987

Regional, state and national plans and policies

17. Not applicable.

Conflicts of interest

18. All officers involved in the preparation of this report have made a declaration that they do not have a conflict of interest in the subject matter of this report.

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Council Meeting Agenda 27 May 2025

12. Officers' reports

CM.063/25 Informal Meetings of Councillors Records - 27 May 2025

Distribution: Public

Manager: Blaga Naumoski, Director Governance, Communications and Community Safety

Author: Katia Croce, Manager Governance and Property

Summary

In accordance with Item 20 of Council’s Governance Rule – Meeting Procedures, adopted on 25 July 2023, Council is required to report as soon as practicable to a Council Meeting a record of each Informal Meeting of Councillors held.

This report lists Informal Meetings of Councillors Records submitted since the matter was last reported to Council on 29 April 2025.

An Informal Meeting of Councillors Record was kept for the following meetings (Attachment 1):

1. Arts and Cultural Advisory Committee held 17 February 2025;

2. Youth Council held 7 April 2025;

3. Environment and Sustainability Advisory Committee held 16 April 2025;

4. Councillor Briefing held 22 April 2025;

5. Council Meeting Pre-Meet held 29 April 2025;

6. Inclusion and Access Advisory Committee held 2 May 2025;

7. Councillor Briefing held 6 May 2025; and

8. Planning and Consultation Committee meeting Pre-meet held 13 May 2025.

Recommendation

That Council, in accordance with Item 20 of Council’s Governance Rule – Meeting Procedures, receives the Informal Meetings of Councillors Records (Attachment 1) for the meetings held.

Attachments

1.	Informal Meetings of Councillors records reported 27 May 2025

Discussion

1. Item 20 of Council’s Governance Rule – Meeting Procedures, requires records of Informal Meetings of Councillors be reported to a Council Meeting and recorded in the minutes of that meeting.

Related Council decisions

2. Not applicable.

Options

3. An Informal Meetings of Councillors is defined in Item 20 of the Governance Rule – Meeting Procedures. It is a meeting at which matters are considered that are intended or likely to be the subject of a Council decision or the exercise of delegated authority and which is either of the following:

· Planned or scheduled meeting that includes at least half the Councillors and at least one Council officer. These meetings do not include meetings of Councillors and Council staff that are not planned or scheduled.

· Meeting of an Advisory Committee where at least one Councillor is present. An Advisory Committee is any committee established by the Council, other than a special committee, that provides advice to the Council or to a special committee or to a member of Council staff who has been delegated a power or duty or function of the Council.

4. A record must be kept of any Informal Meeting of Councillors and include the names of all Councillors and Council staff attending, the matters considered, disclosures of conflict of interest and whether a Councillor left the meeting after making a disclosure.

5. In accordance with Item 20 of the Governance Rule – Meeting Procedures, Council is required to report as soon as practicable to a Council Meeting, a record of any Informal Meetings of Councillors held.

6. The recommendation contains the list of Informal Meetings of Councillors records submitted since the matter was last reported to Council at the last Council Meeting.

Conclusion

7. It is recommended that Council receives the records of recent records of Informal Meetings of Councillors as contained in this report, fulfilling Item 20 of the Governance Rule – Meeting Procedures.

Council plans and policies

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

· We maintain good governance and transparency; clearly defining and communicating the role of Councillors and Council.

Access, Equity and Inclusion

9. A Gender Impact Assessment has not been completed for this report.

Sustainability implications

10. Not applicable.

Community engagement

11. Not applicable.

Innovation and continuous improvement

12. Not applicable.

Collaboration

13. Not applicable.

Budget considerations

14. This is a routine reporting item, the resources for which are contained in Council’s current operating budget.

Relevant law

15. Local Government Act 2020.

Regional, state and national plans and policies

16. Not applicable.

Conflicts of interest

17. All officers involved in the preparation of this report have made a declaration that they do not have a conflict of interest in the subject matter of this report.

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Cr Kelly Joy Edendale Ward				Cr Peter Perkins Ellis Ward
Cr Naomi Joiner Bunjil Ward (Deputy Mayor)				Cr Kim Cope Sugarloaf Ward
Cr Grant Brooker Blue Lake Ward				Cr Kate McKay Swipers Gully Ward
Katia Croce Manager Governance and Property	Blaga Naumoski Director Governance Communications and Community Safety	Cr John Dumaresq (Mayor) Wingrove Ward	Carl Cowie Chief Executive Officer