MINUTES OF THE Council Meeting

HELD AT THECouncil Chamber, Moreland Civic Centre, 90 Bell Street, Coburg

ONWednesday 6 December 2017

The Mayor opened the meeting at 7 pm and acknowledged the traditional owners, the Wurundjeri people and paid respects to their Elders, past and present, and the Elders from other communities who may be here today. The Mayor acknowledged that currently many Aboriginal and Torres Strait Islander people have made Moreland home and in doing so have contributed to the positive, rich diversity of this municipality.

Present: / Time In / Time Out
Cr John Kavanagh (Mayor) / 7 pm / 9.57 pm
Cr Natalie Abboud(Deputy Mayor) / 7 pm / 9.57 pm
Cr Sue Bolton / 7 pm / 9.57 pm
Cr Annalivia Carli Hannan / 7 pm / 9.57 pm
Cr Helen Davidson / 7 pm / 9.57 pm
Cr Jess Dorney / 7.06 pm / 9.57 pm
Cr Ali Irfanli / 7 pm / 9.57 pm
Cr Dale Martin / 7 pm / 9.57 pm
Cr Mark Riley / 7 pm / 9.57 pm
Cr LambrosTapinos / 7 pm / 9.57 pm
Cr Oscar Yildiz JP / 7 pm / 9.57 pm

APOLOGIES:

Nil

OFFICERS:

Chief Executive Officer – Nerina Di Lorenzo

Director Planning and Economic Development - Kirsten Coster

Executive Manager Organisation Development - Anita Craven

Director Social Development – Arden Joseph

Director Corporate Services – James Scott

Director City Infrastructure –Grant Thorne

Manager Property and Governance – Olivia Wright

Unit Manager Governance – Sally Curran

DECLARATION OF INTERESTS AND/OR CONFLICTS OF INTEREST:

Cr Kavanagh indicated he would disclose a conflicting personal interest in item DCI68/17 Establishment of the Moira Kelly Creating Hope Foundation Parking Permit Zone.

SWEARING IN CEREMONY – MS JESS DORNEY

The Victorian Electoral Commission conducted a countback to fill the extraordinary vacancy created by the resignation of Cr Samantha Ratnam. Ms Jess Dorney was declared elected on Wednesday 22 November 2017.

The Mayor invited the Chief Executive Officer to facilitate the swearing in of Councillor-elect Jess Dorney, who made the Affirmation of Office and a declaration she had read and will abide by the Councillor Code of Conduct.

The signed and witnessed documents are appended to these minutes.

Cr Dorney joined the meeting at 7.06 pm.

At the invitation of the Mayor, Cr Dorney addressed the meeting.

CONFIRMATION OF MINUTES:

Resolution
Cr Abboud moved, Cr Davidson seconded -
The minutes of the Council meeting held on 15 November 2017 be confirmed.
Carried

Petitions:

PET29/17Resident Parking Permits for Orient Grove, Brunswick
Resolution
Cr Tapinos moved, Cr Bolton seconded -
A petition containing 31 signatures in relation to resident parking in Orient Grove, Brunswick be accepted.
Carried

Reports from Committee to Council:

These reports are incorporated in the Governance Report at item DCS69/17.

QUESTION TIME:

Question time commenced at 7.09 pm.

QT129/17Antonija Peric - Unconstructed Laneways
Ms Peric spoke in relation to the consideration of several relevant policies in relation to Council report DCI69/17 Unconstructed Laneways,and enquired if Council had considered them in writing the report.
At the request of the Mayor, the question was responded to by the Director City Infrastructure, who advised:
  • The purpose of the report was to respond to the questions posed in the General Business item GB10/16 at the March 2016 Council meeting regarding unmade laneways.
  • This report is a first step and consideration of the strategies would happen at a future stage.

QT130/17Damien Walsh - Parking in Mitchell Street, Brunswick East
Mr Walsh enquired if Council had contacted residents in the Mitchell Street parking permit zone as indicated in the September 2017 Council report and asked when Council would fix the parking situation in Mitchell Street.
At the request of the Mayor, the question was responded to by the Director City Infrastructure, who advised an officer would follow up and contact Mr Walsh directly.

Question time concluded at 7.19 pm.

On Notice Items from Previous Council Meeting:

ONR7/17On Notice Items - November 2017 Council Meeting (D17/410410)
The following items were taken on notice at the November 2017 Council meeting.
ON14/17 - Louisa MacMillan – Land at the rear of 106 McBryde Street, Fawkner.
Ms MacMillan was contacted by telephone and advised that the Open Space Unit did provide advice regarding purchasing option on the rear of 106 McBryde Street, Fawkner (Reserve 1).
ON12/17 – Vicki McLachlan – Reduction in parking at 18 Albert Street, Brunswick East.
Council referred consideration of DED98/17 (18 Albert Street, Brunswick East - Development Plan and Planning Permit Application MPS/2016/44) to the Urban Planning Committee (UPC) meeting on 29 November 2017. Additional information regarding empirical evidence for car parking reductions will be discussed when the UPC considers this report.
Recommendation
The On Notice items from the Council meeting held on 15 November 2017 be noted.
Resolution
Cr Davidson moved, Cr Bolton seconded -
The On Notice items from the Council meeting held on 15 November 2017 be noted, including that On Notice item 13/17 has also been responded to.
Carried

REPORTS BY MAYOR AND COUNCILLORS:

MCC69/17Cr Oscar Yildiz
Cr Yildiz highlighted his attendance at a Coburg Historical Society event on Sunday 3 December 2017.
MCC70/17Cr Natalie Abboud
Cr Abboud noted the delightful Christmas lunches and activities being held for elderly citizens and passed on very positive feedback from attendees.
MCC71/17Cr Sue Bolton
Cr Bolton noted her attendance at a meeting that was also attended by the Mayor, Cr Kavanagh, and arranged by Cr Irfanli regarding a new estate in Fawkner with narrow streets. These streets are only 5 metres wide, and these are perceived safety issues.

COUNCIL REPORTS:

DED107/17MORELAND HERITAGE GAP STUDY AND AMENDMENT - DECISION GATEWAY 1 AUTHORISATION AND EXHIBITION (D17/355769)
Moreland City Council has a strong commitment to conserving the rich cultural heritage of the City. Heritage places and spaces form an important part of the municipality’s identity and character. On 9 March 2017, Council resolved to commission expert heritage assistance for a detailed assessment of places specifically identified in a preliminary assessment and considered to have potential heritage significance. Completed in May 2016 (DED15/16) the Moreland Heritage Strategy and Assessment of Potential Heritage Places, supported the preparation of a heritage study (which includes heritage citations for places) and the inclusion of:
a)Places that can form new Heritage Overlay precincts.
b)Places that can be added to existing Heritage Overlay precincts.
c)Places that can form new serial/thematic groups/precincts or require local individual protection.
d)Places identified as having potential open space/landscape heritage significance.
e)Places identified as having potential local industrial heritage significance.
This further piece of work known as the Draft Moreland Heritage Gap Study 2017 (MHGS) has now been prepared. The study includes historic research, fieldwork (site visits) and a comparative analysis against similar heritage places for individual places and precincts to determine whether they satisfied the threshold of local significance against State heritage criteria. The Draft MHGS does not include places with potential significance identified by the community due to budget and external consultant resourcing constraints. A preliminary assessment of these places has been deferred to the 2018/2019 budget period.
The Draft MHGS can be viewed at all Council libraries, citizens’ service centres and from the following web link:
This report seeks Council endorsement of the Draft MHGS and authorisation to prepare and exhibit an amendment to the Moreland Planning Scheme which seeks to implement the following:
Amend Clause 22.06 (Heritage) of the Moreland Planning Scheme to make reference to the ‘Moreland Heritage Gap Study 2017’, and the ‘Moreland Heritage Overlay Exemptions Incorporated Plan 2017’ under ‘Policy References’;
Apply the Heritage Overlay to 95 individually significant properties, 10 extensions to existing heritage precincts, 4 new heritage precincts and 3 serial listings;
Change 6 current individual heritage places to serial listings;
Rename 2 heritage precincts;
Rectify anomalies including minor corrections to the Schedule to the Heritage Overlay;
Introduce the Moreland Heritage Overlay Exemptions Incorporated Plan 2017 in the incorporated documents to the planning scheme.
Further, interim heritage controls are sought for all sites proposed for permanent controls in a ‘blanket’ manner while the Planning Scheme Amendment is under consideration, consistent with recently reinstated practices introduced by the Minister for Planning.
The study and subsequent planning scheme amendment will assist in meeting Council’s heritage obligations as set out in the Planning and Environment Act 1987 and the State Planning Policy Framework.
Officer Recommendation
That Council:
1.Adopts the draft Moreland Heritage Gap Study 2017 (MHGS), at Attachment 4 to this report.
2.Requests authorisation from the Minister for Planning in accordance with section 8A of the Planning and Environment Act 1987 to prepare and exhibit an amendment to the Moreland Planning Scheme to implement the Moreland Heritage Gap Study 2017 as follows:
a)Add 95 individual heritage places, 4 heritage precincts, 10 heritage precinct extensions and 3 serial places (listed in Attachment 1 to this report) to the Heritage Overlay on a permanent basis.
b)Update the Local Planning Policy Framework at Clause 22.06-6 to include the Moreland Heritage Gap Study 2017 as a policy reference.
c)Consolidate 6 currently individually heritage places into new serial listings, in the Schedule to the Heritage Overlay.
d)Rectify anomalies including minor corrections to the Schedule to the Heritage Overlay and to Clause 22.06 of the Moreland Planning Scheme.
e)Introduce an Incorporated Plan to the schedule at Clause 81 to exempt minor matters from requiring a permit in a Heritage Overlay.
3.Upon receipt of the Minister’s authorisation, prepares and exhibits the amendment to the Moreland Planning Scheme, to implement the Moreland Heritage Gap Study 2017 recommendations.
4.Requests that the Minister for Planning use his powers of intervention to apply interim heritage controls for properties identified in the Moreland Heritage Gap Study (2017) in accordance with section 20(4) of the Planning and Environment Act 1987 for a period of 12 months while the planning scheme amendment for permanent controls is underway.
5.Delegates to the Director Planning and Economic development authority to make changes to the Heritage Gap Planning Scheme Amendment based on:
a)Council’s Resolution for this report.
b)Any conditions imposed in any Authorisation granted by the Minister for Planning.
c)Any changes to the relevant documents to correct errors and grammatical changes.
6.Receives a further report when the exhibition period closes, to consider any submissions received.
Resolution
Cr Irfanli moved, Cr Riley seconded -
That Council:
1.Adopts the draft Moreland Heritage Gap Study 2017 (MHGS), at Attachment 4 to this report.
2.Requests authorisation from the Minister for Planning in accordance with section 8A of the Planning and Environment Act 1987 to prepare and exhibit an amendment to the Moreland Planning Scheme to implement the Moreland Heritage Gap Study 2017 as follows:
a)Add 95 individual heritage places, 4 heritage precincts, 10 heritage precinct extensions and 3 serial places (listed in Attachment 1 to this report) to the Heritage Overlay on a permanent basis.
b)Update the Local Planning Policy Framework at Clause 22.06-6 to include the Moreland Heritage Gap Study 2017 as a policy reference.
c)Consolidate 6 currently individually heritage places into new serial listings, in the Schedule to the Heritage Overlay.
d)Rectify anomalies including minor corrections to the Schedule to the Heritage Overlay and to Clause 22.06 of the Moreland Planning Scheme.
e)Introduce an Incorporated Plan to the schedule at Clause 81 to exempt minor matters from requiring a permit in a Heritage Overlay.
3.Upon receipt of the Minister’s authorisation, prepares and exhibits the amendment to the Moreland Planning Scheme, to implement the Moreland Heritage Gap Study 2017 recommendations.
4.Requests that the Minister for Planning use his powers of intervention to apply interim heritage controls for properties identified in the Moreland Heritage Gap Study (2017) in accordance with section 20(4) of the Planning and Environment Act 1987 for a period of 12 months while the planning scheme amendment for permanent controls is underway.
5.Delegates to the Director Planning and Economic development authority to make changes to the Heritage Gap Planning Scheme Amendment based on:
a)Council’s resolution for this report.
b)Any conditions imposed in any Authorisation granted by the Minister for Planning.
c)Any changes to the relevant documents to correct errors and grammatical changes.
6.Receives a further report when the exhibition period closes, to consider any submissions received.
Carried
DED108/17Planning Zones - Properties without specific height guidance (D17/354477)
At the 9 August 2017 meeting, Council resolved (GB34/17 – Properties without specific height guidance) which aimed to identify sites within the municipality that have limited built form direction.
In response to this decision, an analysis of the Moreland Planning Scheme has identified 14 pockets of land in the Commercial 1 Zone and the Mixed Use Zone, outside of designated activity and neighbourhood centre boundaries. Specific local planning policy or planning tools, that provide height guidance, do not apply to these pockets.
These 14 Pockets include approximately 271 properties in the Mixed Use Zone and 38 properties in the Commercial 1 Zone. Some of these pockets are surrounded by existing low scale residential development in residential zones which have 2 and 3 storey mandatory height controls respectively. Other properties directly abut the Brunswick and Coburg Activity centres. Although Council has a clear hierarchy of growth and supporting built form control policy within the Planning Scheme, there is potential for some of these properties to be developed with built forms higher than that of the surrounding land due to an absence of specific guidance within the Planning Scheme.
This report identifies the pockets of Commercial and Mixed Use zoned land that have limited built form guidance and recommends that further work is undertaken to investigate the appropriate planning tools in collaboration with the Department of Environment, Land, Water and Planning (DELWP). This report recommends that a further report to Council be prepared in the 2018/2019 financial year that recommends the appropriate built form/height guidance (including relevant planning tools) for these sites, following on from discussion with officers from DELWP.
Officer Recommendation
That Council:
1.Notes the properties identified that fall outside of the existing Moreland activity centre hierarchy within the Moreland Planning Scheme in the Commercial 1 Zone and Mixed Use Zone, which do not have specific built form guidance, included at Attachment 1 to this report.
2.Notes Council officers will further investigate built form/height guidance and planning tools to provide appropriate direction for properties currently without specific built form guidance, shown at Attachment 1 to this report, in discussion with officers from the Department of Environment, Land, Water and Planning in 2018/2019.
3.Receives a further report in the 2018/2019 financial year that recommends the appropriate built form guidance for these sites as shown at Attachment 1 to this report, and any relevant planning tools to inform an amendment to the Moreland Planning Scheme to address the issue of sites without specific built form.
Resolution
Cr Abboud moved, Cr Martin seconded -
That Council:
1.Notes the properties identified that fall outside of the existing Moreland activity centre hierarchy within the Moreland Planning Scheme in the Commercial 1 Zone and Mixed Use Zone, which do not have specific built form guidance, included at Attachment 1 to this report.
2.Notes Council officers will further investigate built form/height guidance and planning tools to provide appropriate direction for properties currently without specific built form guidance, shown at Attachment 1 to this report, in discussion with officers from the Department of Environment, Land, Water and Planning in 2018/2019.
3.Receives a further report in the 2018/2019 financial year that recommends the appropriate built form guidance for these sites as shown at Attachment 1 to this report, and any relevant planning tools to inform an amendment to the Moreland Planning Scheme to address the issue of sites without specific built form.
Carried
DED109/17Mandatory height controls Brunswick and Coburg Activity Centres (D17/405518)
In October 2017 Council resolved (NOM59/17 - Better planning controls for Moreland) to receive a report on the options and implications of re-seeking mandatory height controls for the Brunswick and Coburg Activity Centres based on concern about the height and quality of development.
In response to the decision, Council officers have undertaken extensive analysis of the building heights of development in the Brunswick and Coburg Activity Centre, as well as a comparative analysis of height controls and development pressure in like Activity Centres in nearby municipalities.
The analysis shows that the preferred building heights in the Brunswick and Coburg Activity Centres are relatively low compared with other Activity Centres. It has also shown that pressure to exceed building heights in development applications in the Brunswick and Coburg Activity Centres does occur, however it is not as significant as that observed in Activity Centres in nearby municipalities.
Mandatory height controls were sought by Amendment C134 for Brunswick Activity Centre (in 2016) and C123 for Coburg Activity Centre (in 2015), with extensive strategic work underpinning the mandatory heights proposed. Despite this, both amendments were approved by the Minister for Planning with discretionary height controls because it was not considered that exceptional circumstances existed to justify mandatory controls.
Despite the above context, recent decisions by the Minister for Planning indicate that the Minister’s consideration of mandatory controls in Activity Centres may be changing. The Minister for Planning has recently approved interim mandatory height controls for the Moonee Ponds and Ivanhoe Activity Centres and also initiated an Activity Centres Pilot Program (the Program). The Program investigates how planning controls in Activity Centres can be improved to give greater certainty to the community.
Based on the analysis undertaken in preparing this report and the recent movement at State Government level on mandatory controls, it is not recommended that Council undertakes further resource intensive built form studies for Brunswick and Coburg Activity Centres to again justify a request for mandatory controls. Instead, this report recommends Council awaits the outcomes of the Program, which aims to provide clarity about planning tools to guide built form in Activity Centres, and guidance on the strategic planning work required to justify application of those tools.
This report also recommends that approval for interim mandatory controls should be sought from the Minister for Planning, to increase development certainty in the Coburg and Brunswick Activity Centres, while awaiting the outcomes of the Activity Centre Pilot Program.