Logo New 2010

 

Ordinary Meeting of Council

 

Agenda

 

 

Tuesday 1 May 2018

Commencing at 7.00pm

 

 

Council Chamber

Functions Centre

45 Princes Highway

Werribee

 

 

 

 

 

Kelly Grigsby

Chief Executive Officer

 

Date:   26 April 2018


Civic Centre  
Postal  

Telephone
Facsimile
Email
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45 Princes Highway, Werribee, Victoria 3030, Australia

PO Box 197, Werribee, Victoria 3030, Australia

  

(03) 9742 0777

(03) 9741 6237

mail@wyndham.vic.gov.au

www.wyndham.vic.gov.au    DX 30258 Werribee Vic

                                                  ABN: 38 393 903 860

 

 

 

 

AGENDA

 

Ordinary Meeting of Council

Tuesday 1 May 2018

 

PLEASE NOTE:  This meeting will start at 7.00pm in the Council Chamber, Civic Centre,

45 Princes Highway, Werribee to deal with matters pursuant to Section 83(a) of the Local Government Act 1989

 

 

Recording of Council Meeting

Councillors and others present should note that, in accordance with Clause 10(1) of Wyndham’s Governance Local Law 2013, this meeting will be recorded for the purposes of producing accurate minutes of the meeting.  Some members of the media and public may also record these meetings, so long as they have been permitted to do so by the CEO prior to the meeting, and they abide by the CEO’s set of Guidelines available on Council’s website.

 

BUSINESS

 

“In the spirit of reconciliation, before we begin this meeting, I acknowledge the peoples of the Kulin Nation as the Traditional Owners of the land on which Wyndham is being built.  We pay our respects to their elders, past and present.”

 

1.       OPENING PRAYER & WELCOME

“We pray for guidance in the Council’s decision making to achieve the best outcome for the people of Wyndham.”

2.       APOLOGIES & REQUESTS FOR LEAVE

Motion:   That leave of absence be granted for Cr Henry Barlow for 14 May to 8 June 2018 inclusive.

3.       DECLARATION BY COUNCILLORS OF DISCLOSURE OF CONFLICT OF INTEREST/CONFLICTING PERSONAL INTEREST IN ANY ITEM OF THE AGENDA
All Councillors are individually responsible for assessing and declaring any conflicts of interest that they may have in relation to specific agenda items. Failure to disclose such conflicts may constitute a breach of Section 79 of the Local Government Act 1989.


 

 

4.       CONFIRMATION OF MINUTES OF PREVIOUS MEETING

Motion:     That the minutes of the:

                  Ordinary Council Meeting held on Tuesday 3 April 2018, as prepared and circulated, be confirmed; and

                  Special Council Meeting held on Tuesday 17 April 2018, as prepared and circulated, be confirmed.

5.       Deputations and Presentations

 

Mayoral Youth Award - March Quarter 2018

 

Wyndham City is proud to recognise the fantastic achievements and contributions made by young people in the community. Each quarter a number of young people aged 12-25 years are presented with a Mayoral Youth Award, which includes a certificate of recognition and a grant of $500. The award recognises achievements in three categories:

-     Sport

-     Arts and Culture

-     Community Service, Volunteering and Leadership

The applications are assessed by a panel that consists of the Wyndham City Mayor, the Youth Project Officer, Youth Services staff members, and young people from the Wyndham Youth Task Force. Recipients of the award also go into the running to be named Wyndham’s Young Achiever of the Year.

For the March quarter, the panel agreed to recognise three young people for their outstanding achievements in the categories of Sports, Community Service, Volunteering and Leadership.

The successful applicants for the March quarter are:

§ Keely-Shayla Teariki

§ Kerry Wang

§ Bailey Lewis

 

Keely-Shayla Teariki

Keely-Shayla is being recognised for her achievements in Sport and Community Service, Volunteering and Leadership. She is 16 years old and lives in Werribee.

·    Keely-Shayla is a member of the Victoria University netball club and was chosen to represent the Australian Wanderers netball team in England in 2017.

·    Every Sunday Keely-Shayla volunteers at the Cook island Christian Church to lead the children’s story time. She has also volunteered to successfully coordinate the Wyndham Central College Year 10 Formal in 2017 and actively fundraises for the Victoria University netball club.

·    Keely-Shayla shows great dedication to sport and currently plays rugby, netball and volleyball. She volunteers her time to coach both the under 11’s Cook island netball and volleyball teams.


 

Kerry Wang

Kerry is being recognised for her contributions in Community Service, Volunteering and Leadership. She is 17 years old and lives in Tarneit.

·    Kerry has volunteered in multiple leadership positions within Thomas Carr College including Social Justice Captain, SRC, College Ambassador, President of the The Thomas Carr College Vinnies conference and Liturgy Captain.

·    Kerry volunteers her time to provide after school tutoring for primary school students of St Francis of Assasi.

·    She has also acted as an interpreter and student helper during the sister school summer camps.

Bailey Lewis

Bailey is being recognised for his achievements in Sport. He is 20 years old and lives in Werribee.

·    Bailey is an accomplished sportsman in Taekwondo having achieved Gold at the Dutch open and Silver at both the USA and Sofia Opens.

·    Currently Bailey is ranked 14th in the world for Taekwondo and is working toward making the 2020 Olympics

·    Bailey supports his local Taekwondo community by teaching younger members, running competitions and volunteering.


 

  

6.       OFFICERS’ REPORTS (incorporating questions with notice)

6.1         Petitions

6.1.1      Response to Petition 17/07:  Proposed carparking arrangements at Princes and Queens Court, Werribee                                                 10

6.2         Strategic Reports

6.2.1      Waste & Litter Strategy Implementation - Recycling Promotions 16

6.3         Policy/Advocacy

6.3.1      Wyndham Family Friendly Charter                                                       23

6.4         Strategic & Town Planning

6.4.1      WYP10299/17 - Planning Permit Application - Development of Small Riverbend City Centre Catalyst Site - 59 Comben Drive, Werribee 29

6.5         Other Reports

6.5.1      Wyndham street lighting bulk change contracts                      86

6.5.2      Werribee Football Club Lease                                                               90

6.5.3      Assembly of Councillors                                                                         94

7.       Notices of Motion

7.1         Notice of Motion 575 - Emerald Park Estate Tarneit                   99

8.       Council Seal

8.1         Tender Award: C1943/18 - Supply of Geosynthetic Materials for Cell 5 Construction                                                                                        101

8.2         Tender Award: C1946/18 - Supply of Geomembrane Materials for Cell 5 Construction                                                                                        107

8.3         Tender Award: C1932/18 - Construction of Landfill Cell 5      113

8.4         External Borrowings - LGFV Bond Issuance                                  119

9.       Contract Summary

NIL

10.     QUESTIONS WITH NOTICE FROM PUBLIC GALLERY

11.     COUNCILLOR DELEGATES REPORTS

11.1       Councillors Delegates Reports                                                        122


 

 

12.     URGENT BUSINESS

13.     CONFIDENTIAL BUSINESS

Motion:     That pursuant to Section 89(2) of the Local Government Act, 1989, Standing Orders be suspended and this meeting of Council be closed to members of the public in order for Council to discuss:

13.1       any matter which Council considers prejudicial to Council or any person

13.2       industrial matters

13.3       industrial matters

13.4       contractual matters

13.5       contractual matters

 

Motion:      That Standing Orders be resumed.

Motion:      That the recommendations of the ‘Closed’ Meeting of Council with regard to confidential matters be adopted.

14.     CLOSE OF MEETING

 

 


Ordinary Meeting

Tuesday 1 May 2018

 

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A G E N D A

 

ORDINARY COUNCIL MEETING

 

 

WELCOME

 

Welcome to the Ordinary Council Meeting.  We are pleased that you have made the time to attend this Meeting.  This is your agenda which will guide you through the meeting tonight.  You may keep this copy and take it with you afterwards.

 

Please note that the Ordinary Council Meeting is the formal decision-making part of the Council decision making process.  As a general rule no public comment or interjection is permitted during the meeting.

 

At the Ordinary Council Meetings there is an opportunity to ask the Council a question during the formal Question Time process.  Located near the Council Chamber entrance are Question Forms which allow you to write your questions to the Council on any subject you wish.  Question Forms need to be deposited in the question box prior to the start of the meeting.  These questions will be dealt with towards the end of the agenda at the Ordinary Council Meeting.

 

 


Ordinary Meeting

Tuesday 1 May 2018

 



Ordinary Meeting

Tuesday 1 May 2018

 

 

COUNCIL CHAMBER SEATING ARRANGEMENTS

Chairperson
Deputy Mayor
Cr Walter Villagonzalo

      


Petitions

 

Ordinary Council Meeting

Tuesday, 1 May 2018

 

File No: A1858176

 

 

Item No: 6.1.1

A/Director City Economy, Innovation & Liveability - Peter McKinnon

 

 

 

Response to Petition 17/07:  Proposed carparking arrangements at Princes and Queens Court, Werribee

 

Summary

On 13 November 2017, Council received a petition signed by 39 people requesting that Wyndham City Council address accessibility and parking issues in Princes Court and Queens Court, Werribee.

The petition was referred to Council’s City Transport Department to investigate. The investigation has now been completed. This report provides:

·    a summary regarding the investigation process; and

·    a recommended solution to address issues raised in this petition.

 

Attachments

Nil

  

 

Officers’ Declaration of Interests

Under Section 80C of the Local Government Act 1989 (as amended), officers providing advice

to Council must disclose any interests, including the type of interest.

 

A/Director City Economy Innovation & Liveability – Peter McKinnon

In providing this advice as the Acting Director, I have no disclosable interests in this report.

 

Manager City Transport – Griff Davis

In providing this advice as the Manager, I have no disclosable interests in this report.

 

Coordinator Traffic & Transport - Peter Fung

In providing this advice as the Author, I have no disclosable interests in this report.

Key Issues

·        Access in and out of Princes Court and Queens Court.

·        Parking demand in Princes Court and Queens Court.


 

 

 

RECOMMENDATION

That Council:

1.   Introduce a staged approach to installing parking restrictions in Princes Court and Queens Court, Werribee.

2.   Stage 1 to involve the installation of ‘2 Hour Parking 9am to 3pm Mon to Fri’ parking restrictions on the east side of each Court with a review, including input from residents to occur within three months of installation.

3.   Stage 2 to involve the addition of ‘No Standing 9am to 3pm Mon to Fri’ parking restrictions on the west side of each Court and the replacement of the existing ‘No Standing 11am to 5pm Mon to Fri’ parking restrictions along the Princes Highway Service Road with ‘2 Hour Parking 9am to 3pm Mon to Fri’ parking restrictions. A further review, also involving input from residents to occur within three months of installation.

4.   Advise residents of both Courts and the Princes Highway Service Road accordingly.

5.   Authorise Council officers to modify the parking restrictions as required during the installation and community engagement processes.

 

1.      Background

On 13 November 2017, Council received a petition signed by 39 people requesting that Wyndham City Council address accessibility and traffic issues in Princes Court and Queens Court, Werribee.

The petition was referred to Council’s City Transport Department to investigate. The key issues raised in the petition were:

·    Access in and out of Princes Court and Queens Court, especially for large / emergency vehicles; and

·    High parking demand in Princes Court and Queens Court.

2.      Discussion

The primary concern for the petitioners related to emergency vehicle access (eg: ambulance / fire truck / service vehicle) entering and exiting Princes Court and Queens Court due to the high number of parked vehicles in both Courts, reducing the available pavement width. It has also been implied in the petition that the increase in on-street parking demand is directly related to the insufficient parking supply at Council’s Civic Centre.

To identify a potential resolution to this matter, a public meeting took place on 18 January 2018. Residents of Princes Court, Queens Court and Princes Highway Service Road were invited to this public meeting to express their opinions/concerns regarding this matter.

‘30’ residents representing approximately ‘50’ residential properties in the two Courts and the Princes Highway Service Road attended the meeting.

During this meeting, officers from the City Transport Department explained that:

·    Council is evaluating various options to increase parking supply at the Civic Centre, however, this will take time to resolve.

·    Due to surrounding development adjacent to the Princes Court precinct, it is likely there will be a sharp increase in parking demand regardless whether additional parking is provided at Council’s Civic Centre.

·    It would be desirable to implement parking restrictions in Princes Court and Queens Court to address the accessibility and parking demand issues raised in this petition.

Residents accepted the need to install parking restrictions to discourage all day parking. It was acknowledged that various parking restriction arrangements were possible, but residents were not sure how effective the options would be in terms of maintaining vehicular access through each Court whilst minimising any adverse impacts on residents themselves. 

Council officers advised residents that multiple parking restriction options would be developed for their consideration.

A subsequent letter was sent to the residents of the Princes Court Precinct on 23 February 2018. In the letter, six options were provided to the residents for their consideration. The six options were:


 

 

Option 1:

·    Install 2 hour parking restrictions on the east side of Princes Court and Queens Court.

·    Install 2 hour parking on the north side of the Princes Highway Service Road.

Option 2:

·    Install 2 hour parking on both sides of Princes Court and Queens Court.

·    Maintain the existing ‘No Stopping’ on the north side of Princes Highway Service Road.

Option 3:

·    Install 2 hour parking on both sides of Princes Court and Queens court.

·    Install 2 hour parking along the north side of Princes Highway Service Road.

Option 4:

·    Install ‘No Stopping’ on one side of Princes Court and Queens Court.

·    Install 2 hour parking on the other side of Princes Court and Queens Court.

·    Maintain the ‘No Stopping’ on the north side of Princes Highway Service Road.

Option 5:

·    Install ‘No Stopping’ on one side of Princes Court and Queens Court.

·    Install 2 hour parking on the other side of Princes Court and Queens Court.

·    Install 2 hour parking along the north side of Princes Highway Service Road.

Option 6:

·    Maintain existing arrangement (the ‘do nothing’ option).

Residents were given two weeks to provide a response.  From the ‘50’ properties that were provided with the circulated letter, Council received ‘10’ responses. A response rate of ‘20%’ typical of most residential surveys undertaken.

The majority (70%) of responses received favoured Option 5: which proposed parking only on one side of each Court and to compensate users for this loss of parking space, ‘2 Hour’ parking would be provided in the Service Road.

Option 2 was the next preferred option which imposes ‘2 Hour’ parking on both sides of each Court and maintains the ‘No Stopping’ restrictions on the Service Road.

Irrespective of which option is adopted, officers consider that residents may not fully appreciate the impact restrictions will have on their on-street parking behavior.  It is therefore suggested that a staggered process of implementation occur which allows residents to experience the impact of parking restrictions in an incremental manner.

It also allows officers to observe parking demand holistically in terms of both residential and non-residential parking demand.


 

The proposed staging process is as follows:

Stage 1 – Install ‘2 Hour Parking’ restrictions on the eastern side of each Court and through the Court bowl.

The advantage of this stage is that it provides a balance between shorter term (east side) and all day (west side) parking. The benefit of parking on the western side is that motorists parking for an extended period do not need to perform a U-turn via driveways or use the entire Court to arrange parking on the opposite (eastern) side, and it does not shift parking demand to other residential locations currently unaffected by this demand.

Stage 2 – Maintain the ‘2 Hour Parking’ as per Stage 1 and install ‘No Standing’ parking restrictions on the western side of each Court.

This stage removes the opportunity for all day or extended period parking from each Court and guarantees clear access for through vehicles within each Court, but forces vehicles to find alternative locations to park and may increase the pressure upon Council to find a solution to its own parking demand without relying on nearby residential streets.

In addition to Stages 1 and 2, Council can either leave the existing ‘No Standing’ parking restrictions in the Princes Highway Service Road or change these to ‘2 Hour Parking’ as well.  This option is supported as it frees up additional short stay parking given the loss of parking in the two Courts.

It is suggested that all the proposed restrictions be time limited to enable some parking flexibility during week days and allows unrestricted parking on weekends and public holidays.  This reduces the need for residents to move their vehicles to a period of around 2 hours on week days only.  The suggested time limits are from 9am to 3pm which means they can park up to 11am and from 1pm without concerns about parking fines.

Given the information that has been provided, it is suggested that to resolve concerns expressed by residents of Princes Court and Queens Court, parking restrictions will be necessary.

The preferred option expressed by residents is for a combination of ‘2 Hour Parking’ on one side and ‘No Standing’ on the other side.  This maybe appropriate, but it is suggested that it occurs in a staged process to enable both residents and Council to assess the impact of the changes.

3.      City Plan

1.2.4  Council will help to create a safer, more cohesive community by: effective planning, design and regulation of public spaces which encourage active transport and social inclusion opportunities; actively engaging with the community to improve perceptions of safety; and encouraging shared responsibility to prevent and address issues which impact on residents’ sense of safety and wellbeing.

4.      Social Implications

Implementation of parking restrictions at the Princes Court Precinct are likely to:

·    Reduce parking demand and improve amenity for residents at this location; and

·    Improve accessibility for large / emergency vehicles.


 

5.      Options

Six options were offered to residents for their consideration. Option 5 was supported by the majority of residents that responded to Council’s survey. From a traffic engineering perspective, this option will likely address concerns raised in the petition, but officers recommend a staged approach.

6.      Community Consultation

In preparing this report, extensive community consultation has been conducted. Officers from the City Transport Department:

·    Attended a site meeting with Councillors to investigate this matter.

·    Visited the site, on average once a week to gain a better understanding of this matter.

·    Organised a public meeting for the residents.

·    Encouraged residents to express their opinions in the public meeting.

·    Discussed with the residents multiple times via emails / letters / phone calls.  


Strategic Reports

 

Ordinary Council Meeting

Tuesday, 1 May 2018

 

File No: 000

 

 

Item No: 6.2.1

A/Director City Economy, Innovation & Liveability - Peter McKinnon

 

 

 

Waste & Litter Strategy Implementation - Recycling Promotions

 

Summary

The Waste & Litter Strategy 2016-2040 (the Strategy) was adopted by Council in May 2016.  This pivotal document sets an ambitious strategic target of 90 per cent diversion from landfill by 2040.

To reach this target a number of key actions and initiatives are required, which need careful and considered planning, particularly given waste services is a core function of local government and a consistent touch-point with our community.

A major step in reaching this target is to reduce the reliance on landfill and provide improved access to services that achieve greater diversion such as hard waste and green waste collection services.

This report follows on from the February 2017 Ordinary Council Meeting report whereby Council adopted some major changes to waste services including a reduction in tip tokens from two to one and an increase in hard waste collections from two to three. At this meeting, Council requested a follow up report relating to additional waste offerings including pop up recycling days, discounted mattress disposal months, green waste disposal promotions at the transfer station, additional recycling services during the festive season and easier tip token access for recognised community groups.

This report provides a summary of the additional waste diversion offerings and seeks Council endorsement.

 

Attachments

Nil

  

 

Officers’ Declaration of Interests

Under Section 80C of the Local Government Act 1989 (as amended), officers providing advice

to Council must disclose any interests, including the type of interest.

 

A/Director City Economy Innovation & Liveability – Peter McKinnon

In providing this advice as the Acting Director, I have no disclosable interests in this report.

 

A/Manager Environment & Water – Antoniette Michail

In providing this advice as the Acting Manager, I have no disclosable interests in this report.

 

Team Leader Waste Strategy - Hayley Jarvis

In providing this advice as the Author, I have no disclosable interests in this report.

Key Issues

·        Additional waste disposal offerings


 

RECOMMENDATION

 

That:

1.       Council endorses the recommended changes to waste services as per the Officer’s recommendations outlined in this report. This includes a reduction in the cost of mattress and separated green waste disposal at the transfer station, yearly pop up recycling events and provision of tip tokens for recognised clean-up groups.

2.       Council expands the standardisation to all new/damaged garbage bin requests. 

 

 

1.      Background

Through Wyndham’s Waste & Litter Strategy 2016-2040, Wyndham displayed leadership and a commitment to the community to improve its waste management practices and achieve large scale waste diversion targets. The strategy was adopted by Council in May 2016.

 

 

Diagram: Waste & Litter Strategy 2016-2040 Key Objectives

Following a series of briefings over the last twelve months, a report was endorsed at the February Ordinary Council Meeting to commence implementation of several key objectives from the Waste & Litter Strategy 2016-2040. These objectives include a reduction in the green waste service cost, a reduction in tip tokens from two to one and an increase in hard waste collections from two to three per year.

Prior to these changes coming into effect on July 1 2018, a recommendation to explore additional waste offerings was requested.  The recommendation was to explore options such as pop up recycling days, discounted mattress disposal months, green waste disposal promotions at the transfer station, additional recycling services during festive season and easier access to tip tokens for recognised community groups.

This report provides detail on each additional waste offering, which collectively helps to form the overall recommendation.

2.      Discussion

Pop Up Recycling Days

A 2017 City Plan action and successful application to the Litter Innovation Fund was the motivation behind hosting Wyndham’s first Pop Up Recycling Day in 2017.

Pop Up Recycling events allow residents to bring along their electrical waste, bikes, mattresses, clothes/linen, furniture and whitegoods to be to be donated or recycled at no cost. Local charities including the West Welcome Wagon and Werribee Men’s Shed, partnered with Council on this initiative and collected much needed materials to redistribute locally. 

The initial event saw 305 cars in attendance, diverting 21.41 tonnes of material away from landfill. The event was run again in 2018 and despite the poor weather, it resulted in 313 vehicles attending and 19.39 tonnes of material diverted from landfill.

Feedback received has been overwhelmingly positive, with most comments relaying what a well organised and easy to use service it was, with many residents calling for more of these events in the future.

External contractors have previously been engaged to manage these events at a cost of around $30,000; this price includes staff, onsite traffic management, waste receptacles, disposal costs as well as some promotional materials.

Council officers are currently reviewing the costs and feasibility to run these events in-house at a reduced cost.

Free Green Waste Disposal Month

Several local councils, particularly in rural settings, provide residents with the opportunity to dispose of green waste for free, to assist in cleaning up properties and reducing fire risks in the lead up to summer. This is typically for one or two months.

Data received from Melton City shows that this popular service also comes at a growing cost, 1907 residents utilised the service in 2015 (year 1), expanding to 3281 in 2016. Due to popularity, staffing requirements and queuing at the transfer station, Melton City decided to extend the promotions over two months in 2017 (no 2017 data was available at time of writing report).

Residents are required to present proof of residency when they attend the facility, with costs exceeding $150k per month.

Currently green waste disposal at the Transfer Station is charged the same as general waste (e.g. $100 for a heaped single axle trailer). Rather than offering discounted disposal months, officers recommend reducing the cost of green waste that is delivered to the transfer station separated and free of contamination year-round; providing a cheaper more attractive service option for residents. A new discounted price for separated green waste is being calculated by RDF staff and will be provided before formal budget adoption.

Discounted Mattress Disposal Promotion

There are multiple ways that residents can dispose of used mattresses for free, whether via the tip token system (2 mattresses per token), the hard waste collection service (2 mattresses per collection, totalling 6 per year) and via the pop up recycling day.

Residents are also currently able to dispose of additional mattresses at the transfer station at a charge of $30 per mattress.

Similar to the green waste disposal, officers recommend an overall year-round reduction in cost rather than offering discount months. This will help to limit illegally dumped mattresses across the municipality.

A new discounted mattress disposal figure is being calculated by the RDF and will be provided before formal adoption of the annual budget.

Additional Recycling Collections over Christmas

A request for quote was issued to our waste collection contractor, JJ Richards, to provide additional recycling collections over the holiday period based on resident and Councillor requests.  JJ Richards has advised that they do not currently have the capacity, through provision of trucks or staff resources, to offer any additional collections over the Christmas period. 

As an alternative, increased promotion of the free excess recycling bins at the transfer station and pop up recycling days is recommended.

Increased recycling collection services will be explored as part of Wyndham’s next waste collection contract tender (due 2020).

Hard Waste Service Flexibility

Following February’s adoption of the tip token reduction and increased hard waste collections, commentary was received from residents around the rigidness of the current hard waste collection service.

We have responded to this feedback by accepting cardboard into the service, as well as reducing restrictions around the materials used for the bundling of branches.  In addition to this, collections incorrectly placed on nature strips will now be collected to avoid city presentation issues and reduce reliance on Council’s litter crews to collect. 

A simplified brochure is currently being developed to reflect these changes in service.  Changes will not only increase resource recovery, but also alleviate litter crew resources and provide a more appealing service for our resident-base.

Tip Token Access for Community Groups 

To support and value the great work that our local clean up groups are undertaking, officers propose to aid these groups through offering a litter collection following clean up events (this already currently takes place).  An alternative approach would be to allocate additional tip tokens to allow these recognised groups to transport waste to the landfill themselves.

Recognised clean up groups can be added into a database and token allocations will be recorded to ensure appropriate use. 

Bin Lid Standardisation

As part of the February 2017 Ordinary Council Meeting, Council endorsed a recommendation to standardise garbage bins from yellow to red lids in new housing development areas.

Discussions with Waste Services, Customer Service and the Properties & Rating Departments have deemed this change unworkable due to the current inability to determine or identify a house in a new development area versus an established area.

Therefore, it is recommended the standardisation is expanded to all new/damaged garbage bin requests across the municipality. While this may result in some inconsistency in bin lid colours for some streets, the overall reduction in costs regarding the full roll out of standardized bins is a higher influencing factor.

3.      Wyndham 2040 Vision

·    People and Community:
Recommendations provide greater access for our community to sustainably dispose of recyclable materials

·    Places and Spaces:
Recommendations reduce environmental impact, by reducing waste sent to landfill and improving resource recovery rates

4.      City Plan

2.2.3  Council will be a leader in environmental sustainability and adapt to climate change by increasing the energy efficiency of Council, encouraging energy efficient development, fostering bio-diversity, and supporting local agriculture by working with the state government to ensure water security throughout our area.

5.      Council Policy

This report relates to key Strategic outcomes and direction from the adopted Waste & Litter Strategy 2016-2040 and the Environment & Sustainability Strategy 2016-2040.

6.      Financial Implications

The Waste Management Charge for 2018/19 is proposed to be set at $270 per service, which is an increase of $10 when compared to the prior year.

The Waste Management Charge is set to predominantly recover the cost of collecting roadside waste including the estimated cost of providing one tip token to each eligible rateable property, three annual household hard waste collections (maximum), street sweeping of residential roads,

litter and dumped rubbish collection and a waste reduction education program.

For 2018/19, some of these costs have increased close to CPI, including the cost of collecting and disposing of the kerbside waste, while others are being delivered more efficiently, such as the residential portion of street sweeping and the litter and dumped rubbish collection.

For the second and subsequent garbage bins, the Garbage Charge for 2018/19 will be $260 and this includes an additional recycling bin if desired.

In early 2018, China decided to stop the import of low quality mixed recyclable material onto its shores. This has impacted many councils across Australia, as the kerbside collection of household recyclable waste will now incur a gate fee on disposal once service contracts are renegotiated in light of this recent development in the global recycling market.

The recycling industry, including Council’s contracted recycler, are still in the process of working through the situation and quantifying the financial impacts this will have on their operations.

Some of those costs will ultimately flow through to the customer. In this regard, Council’s waste management charge of $270 per service is still under review pending any further industry announcements, and is subject to change before the budget is adopted in June 2018.

It should also be noted that about $40 or 15% of the Waste Management Charge is for the EPA levy which is collected on behalf of the State Government.

7.      Social Implications

The recommended changes provide greater access to waste disposal for the community, changes will also improve resource recovery and reliance on the landfill creating a greater sense of pride within the community.

8.      Environmental Implications

The recommended changes in disposal costs at the transfer station, permanent pop up recycling days and improved hard waste service will see increased landfill diversion.

9.      Community Consultation

Promotion of adopted changes to waste services commenced the day following the February 2017 Ordinary Council Meeting via social media and a prepared media release; with the aim to notify all residents as soon as possible.

Star Weekly also ran an article on the front page of their publication and an article was placed in the April Wyndham News to increase communication reach.

Wyndham’s Environment Portfolio Committee and RDF Community Reference Group have been briefed on the incoming and proposed changes and they have indicated support for both the initiatives and direction of the Waste & Litter Strategy 2016-2040. 

It is proposed that further communications will accompany rates notices to ensure all households are updated on any new changes in service, as well as promoting additional recycling options within the City. Increased focus on educating rental tenants is also required as they settle into the municipality. This will be undertaken with the help of local real estate agents and new resident kits. 

10.    Communication Strategy

A community engagement strategy is currently being developed based on the previous changes adopted at the February 2017 Ordinary Council Meeting.   


Policy/Advocacy

 

Ordinary Council Meeting

Tuesday, 1 May 2018

 

File No: 00

 

 

Item No: 6.3.1

Director City Life - Jenny McMahon

 

 

 

Wyndham Family Friendly Charter

 

Summary

The Wyndham Family Friendly Charter has been developed as an initiative of Wyndham’s Family Friendly Portfolio Committee. It is an aspirational document that outlines a key set of principles which will be used to inform and guide Council’s work in ensuring that Wyndham is a family friendly community.

 

 

Attachments

1.View

Wyndham Family Friendly Charter

 

  

 

Officers’ Declaration of Interests

Under Section 80C of the Local Government Act 1989 (as amended), officers providing advice

to Council must disclose any interests, including the type of interest.

 

Director City Life - Jenny McMahon

In providing this advice as the Director, I have no disclosable interests in this report.

 

Manager Community Support - Melinda Chapman

In providing this advice as the Manager, I have no disclosable interests in this report.

 

Coordinator Integrated Child Youth & Family Services - Erin Clark

In providing this advice as the Author, I have no disclosable interests in this report.

Key Issues

·        The Wyndham Family Friendly Charter as been developed as an initiative of the Family Friendly Portfolio Committee

·        The Charter has been developed in consultation with community representatives and internal stakeholders

·        The Charter has been through a period of public consultation and is now being presented for Council adoption

 

RECOMMENDATION

 

That Council adopt the Wyndham Family Friendly Charter.

 

 

1.      Background

Wyndham 2040 sets out a vision for the sort of place Wyndham should be, and includes

·    Wyndham will be a family friendly city

·    Relationships between family members will be strong

The Wyndham Family Friendly Charter has been developed as an initiative of the Family Friendly Portfolio Committee and it seeks to outline the principles and guidelines to inform how Council and its partners work with, and support, families in order to be a family friendly city.

The Wyndham Family Friendly City Charter is designed to be broader than a ‘child-friendly’ charter, an ‘age friendly’ charter. The Charter will recognize and focus on a diverse range of family groupings in Wyndham and the need to both target and support families with and without children and underlines the Council’s commitment to support families throughout their lifecourse.

2.      Discussion

Purpose of the Charter

Wyndham’s Family Friendly Charter:

·    Recognises the economic and social contribution of the care families provide

·    Recognises the value families add to developing and delivering services, infrastructure and policies affecting their lives

·    Sets out how Council will ensure decision-making is inclusive and mindful of the life-cycle needs of families in Wyndham

·    It reinforces Council’s commitment to preventing all forms of violence or abuse against children, women or other in the Wyndham community

·    Underlines Council’s support and encouragement of businesses, community groups and community members to implement policies, strategies and safeguards that protect children

The Wyndham Family Friendly Charter recognizes and focuses on a diverse range of family and groupings in Wyndham and the need to both target and support families with and without children.

Components

As this Charter is specific to our local context, it includes:

·    A definition of ‘family’

·    Our vision of what a Family Friendly City means

·    High-level policy principles that will guide our processes, policies and practices

·    Possible actions we could take in partnership with others in Wyndham to give expression to the Charter principles

Broader policy context

The Wyndham Family Friendly City Charter sits at the mid-level in the Council’s policy architecture. It provides guidance for Council staff, service providers and residents involved in co-designing and co-delivering services and infrastructure. It summarises a lifecourse approach to integrated service and infrastructure planning, invites our stakeholder partners to work in this way and focuses on monitoring and evaluating priority actions under the City Plan. It is consistent with the Council’s foundation cross cutting equity and inclusion plans

3.      Wyndham 2040 Vision

·    People and Community:
 
The vision for this theme states ‘Wyndham will be a family friendly city. Relationships between family members will be strong.’ The intent of the Charter is to provide principles that describe a family friendly city as well as how Council and partners ca work towards achieving this in partnership with local families.

·    Places and Spaces:
 
The Charter recognises the importance of family friendly places and spaces and outlines how this can be achieved in Principle 3: Family Friendly Places and Spaces

·    Leadership and Participation:
 
The first principle of the Charter is Voice – recognising the importance of families having opportunities to express their individual and collective opinions, participate in and contribute to decisions about their wellbeing and how liveability can be improved.

4.      City Plan

4.2.5  Council will actively engage the community in decision-making for how we will use resources and assets to implement the community vision of “Wyndham 2040” and support residents to understand and participate in Council decision making.

5.      Financial Implications

The Charter will be embedded into business as usual across Council and will be cost neutral. Ongoing assessment of the Charter’s impact will involve monitoring and reporting on actions undertaken by Council to ensure policies and procedures are ‘family friendly’.

6.      Social Implications

Wyndham’ Family Friendly Charter is aligned with key policy documents including the Victorian Charter of Human Rights and Responsibilities (2006), Victorian Charter for Child Friendly Cities and Communities (2013) and Roadmap to Reform: Strong Families, Safe Children (2016). These underline the importance of governments, community organisations and individuals respecting and protecting the rights of people across all generations to live safe, healthy and productive lives.

7.      Options

Council has the following options:

1.   To adopt the Wyndham Family Friendly Charter

2.   To not adopt the Wyndham Family Friendly Charter

8.      Community Consultation

The Charter was developed through a collaborative process with encompassed both community engagement and consultation and internal consultation with key Council departments.

During the period of public consultation feedback was sought via:

·    Online consultation platform – The Loop

·    Professional networks

·    Social media

Feedback received indicated

·    The definition of family may be too narrow to capture the diversity of family groupings in Wyndham

·    Support for the Charter principles

As a result of the feedback the following changes have been made the Charter:

Definition of Family

In the draft Family Friendly Charter the definition of family was:

Two or more individuals related by blood, marriage/commitment or adoption – including people living together, not living together, those in committed same sex relationships, de facto relationships, foster care and step relationships

It has now been changed to:

Two or more individuals that come together as a unit, to support and care for each other.

The intent of the original definition was to be broad enough to capture the diversity of family groupings in Wyndham. During the public consultation some members of the community and those who work with families in Wyndham felt that the definition could be more open and inclusive and that the current wording made it seem more focused on a traditional family structure. The revised definition that has been included aims to communicate the intent more simply.

Enhancement to principles:

Principle One: Voice

·    Stronger emphasis on active and meaningful engagement opportunities for families

Principle Two: Equity and Social Cohesion

·    An additional example of possible implementation has been put forward to recognise that in addition to advocating, opportunities to work together to make local changes where possible, should be considered

Principle Three: Family Friendly Places and Spaces

·    Inclusion of the word ‘equitable’ into the principle statement to align with Council’s equity and inclusion policy direction

Principle Four: Partnerships

·    Inclusion of recognition of family friendly employers/workplaces.

9.      Communication Strategy

If adopted, it is proposed that the Charter will be communicated to the community and partners via a rolling launch, which will involve a series of pop ups at events and online and digital promotion.


 

ATTACHMENT No: 1 - Wyndham Family Friendly Charter

 

Item No: 6.3.1

 


 

 


Strategic & Town Planning

 

Ordinary Council Meeting

Tuesday, 1 May 2018

 

File No: WYP10299/17

 

 

Item No: 6.4.1

Director City Operations - Stephen Thorpe

 

 

 

WYP10299/17 - Planning Permit Application - Development of Small Riverbend City Centre Catalyst Site - 59 Comben Drive, Werribee

 

Summary

·    Council has received a planning permit application for the proposed development of the land at 59 Comben Drive, Werribee (also known as the Small Riverbend site).

·    The site is one of the catalyst sites within Werribee City Centre, and is owned by Wyndham City Council.

·    The proposal is for the purpose of a mixed use, 10-storey building comprising 2 retail tenancies and 100 apartments, and reduction in car parking requirement of 20 spaces.

·    The application has been advertised to immediately adjoining owners and occupiers. A total of 6 objections have been received, primarily relating to car parking and access to properties to/from the rear laneway.

·    The proposal is consistent with the provisions of the Wyndham Planning Scheme, including the State and Local planning policy objectives, the purpose of the Activity Centre Zone and Parking Overlay, and provisions for car parking, bicycle facilities, and apartment developments.

·    Having considered the application on its merits, it is recommended that the application is supported by issuing a Notice of Decision to Grant a planning permit, subject to conditions.

 

Attachments

1.View

Proposal Plans - public notice

2.View

Reference Plan - increased laneway width

3.View

Render - undercroft rear laneway

 

  

 

Officers’ Declaration of Interests

Under Section 80C of the Local Government Act 1989 (as amended), officers providing advice

to Council must disclose any interests, including the type of interest.

 

Director City Operations – Stephen Thorpe

In providing this advice as the Director, I have no disclosable interests in this report.

 

Acting Manager Planning & Building – Danielle Kos

In providing this advice as the Manager, I have no disclosable interests in this report.

 

Team Leader - Town Planning (Major Projects) - Tim Webb

In providing this advice as the Author, I have no disclosable interests in this report.

 

Senior Town Planner (Major Projects) – Clara Lam

In providing this advice as the Author, I have no disclosable interests in this report.


 

Key Issues

·    Alignment with strategic policy direction – Werribee City Centre

·    Scale of development

·    Quality of development design

·    Off-site amenity impacts

·    On-site amenity

·    Car parking and loading arrangements

·    Access

·    Objections

 

RECOMMENDATION

 

That Council resolve to Issue a Notice Decision to Grant a Planning Permit for the “Development of a mixed use, multi-storey building comprising retail premises and dwellings (as of right uses) and a reduction in the car parking requirement” at 59 Comben Drive, Werribee, subject to the following permit conditions:

 

Amended Plans Required

1.   The development permitted by this permit must not be commenced until one electronic copy (emailed to mail@wyndham.vic.gov.au) of a site layout plan and elevations drawn to scale and with dimensions is submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and will then form part of this permit. Such plans must be generally in accordance with plans prepared by Rothe Lowman dated 9 November 2017 but modified to show:

a)   The setback of the ground level adjacent to 40 and 42 Watton Street increased to 5m in accordance with the sketch plan prepared by Rothe Lowman Architects, dated 27 March 2018 (Reference: SK20180327).

b)   Design details of screening to air conditioning units on balconies/terraces.

c)   Design details incorporating ventilation to bin rooms and the car park.

d)   A bin wash area to support the waste rooms.

e)   A lighting plan within the access/loading/car park area.

f)    The accessible car space designed in accordance with the Australian Standard, including provision of a bollard to the shared space.

g)   Bicycle spaces designed in accordance with Clause 52.34-4 of the Wyndham Planning Scheme.

h)   An updated development area summary.

i)    A space set aside externally for the building name to assist in identifying the development.

j)    A directory providing information of the layout of the development at the entrance to the site to facilitate the identification of units.

k)   Type K bedroom high level window to be openable with associated mechanism.

l)    Removal of windows on balconies facing north-east.

m)  Increase in capacity of irregular shaped external storage units where practical.

n)   Glazing at ground level street frontage to be clear glazing.

o)   Notations referencing acoustic treatments in accordance with the recommendations of the acoustic report prepared by Resonate Acoustics.

p)   Notations referencing wind treatments in accordance with the recommendations of the wind assessment prepared by Windtech.

q)   Finished floor levels and finished ceiling levels.

r)    A landscape plan (refer to condition below).

s)   A green travel plan (refer to condition below).

t)    An amended waste management plan (refer to condition below).

u)   An amended acoustic report (refer to condition below).

 

No Layout Alteration

2.   The development permitted by this permit as shown on the endorsed plan(s) and/or described in the endorsed documents must not be altered or modified (for any reason) except with the prior written consent of the Responsible Authority.

 

Revised Waste Management Plan – Private Waste Collection

 

3.   Concurrent with the endorsement of plans, one electronic copy (emailed to mail@wyndham.vic.gov.au) of a revised waste management plan prepared by a suitably qualified person and to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority.  The Plan is to be generally in accordance with the Waste Management Plan prepared by Waste Tech Services Pty Ltd, making provision for private waste collection, but modified to show:

 

a)   Response to the revised built form (reference Condition 1). 

b)   A bin wash area.

c)   Ventilation to bin rooms.

 

Once approved, waste management is to be undertaken in accordance with the Plan or any subsequent version as approved by the Responsible Authority.

 

Green Travel Plan

 

4.   Before the use of the development commences, one electronic copy (emailed to mail@wyndham.vic.gov.au) of a Green Travel Plan must be prepared to the satisfaction of the Responsible Authority.  The Plan must be prepared by a suitably qualified person and must encourage the use of non-private vehicle transport modes by the occupiers of the land.  The Plan must include, but not be limited to the following:

 

a)   A description of the location in the context of alternative modes of transport and objectives for the Green Travel Plan;

 

b)   Outline Green Travel Plan measures for the development including, but not limited to:

i. household welcome packs - tram, train and bus timetables relevant to the local area must be included in the pack of information provided to purchasers upon a purchaser’s occupation of an apartment;

ii. bicycle parking and facilities available on the land;

iii.  monitoring & review;

iv. a plan showing the bicycle parking areas for use by residents and commercial occupiers of the building;

v. welcome packs for the commercial tenancies including the above as relevant.

 

c)   An investigation of the demand and subsequent recommendations for a shared car scheme for the development.

 

            The Green Travel Plan must not be amended without the written consent of the Responsible Authority.

 

Acoustic Report

 

5.   Prior to the commencement of development, one electronic copy (emailed to mail@wyndham.vic.gov.au) of a revised acoustic report is to be submitted to and approved by the Responsible Authority.  The report is to be generally in accordance with the acoustic report prepared by Resonate Acoustics, but modified to include:

 

a)   Details of noise attenuation measures to ensure residents within the development will not be adversely impacted by noise from mechanical plant.

b)   Details of noise attenuation measures to ensure residents within the development will not be adversely impacted by noise from the retail premises and surrounding commercial properties.

 

         Once approved by the Responsible Authority, the recommendations of the report are to be implemented in full, to the satisfaction of the Responsible Authority.

 

Landscape Plan

6.   Concurrent with the endorsement of plans, one electronic copy (emailed to mail@wyndham.vic.gov.au) of a landscaping plan prepared by a suitably qualified person and to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. All landscape plantings and treatments need to be suitable for the specific climatic and soil conditions of Wyndham, and consideration should be given to the use of indigenous plants. The landscape plan must show:

 

a)   Revisions to built form as per Condition 1 amended plan requirements.

b)   Clearly drafted at a scale of 1:100 or similar with a north point and legend.

c)   Clear graphics to indicate trees (deciduous or evergreen), shrubs, ground covers, grasses, etc.

d)   Botanical and common name, pot size, quantity, planting density and size at maturity of all plantings.

e)   Notated planting specification drawings.

f)    Location of all surface treatments with materials and colours notated.

g)   Location and construction details of all built features including buildings, fences, letterboxes, storage and utility structures etc.

h)   Mark all crossovers.

i)    Design details of the green wall abutting the retail car spaces.

j)    Dense landscaping in the communal open space in accordance with the wind assessment prepared by Windtech.

k)   Implementation and maintenance measures.

 

Landscape Completion & Maintenance

7.   The landscape area(s) shown on the endorsed plan(s) must be planted and maintained to the satisfaction of the Responsible Authority and once landscaped must not be used for any other purpose except with the prior written consent of the Responsible Authority.

 

Lighting Plan

 

8.   Unless otherwise agreed in writing by the Responsible Authority, prior to the occupation of the development, a Lighting Plan must be submitted and approved by the Responsible Authority. Once approved, the Lighting Plan must be implemented, to the satisfaction of the Responsible Authority. The Lighting Plan is to include provision for lighting of the building and the rear laneway at night, to enhance the visual attractiveness of the building and to improve perceptions of safety around the street frontages and rear laneway.

 

Site Environmental Management Plan

 

9.   Prior to the commencement of any works, including works required by other authorities, a Site Environmental Management Plan (SEMP) must be submitted to and approved by the Responsible Authority.  When approved, the SEMP will be endorsed and will then form part of the permit. 

 

The SEMP must be in accordance with Council’s SEMP template and guidelines.  The approved SEMP must be implemented at all times to the satisfaction of the Responsible Authority.  Any non-compliance may be enforced under the Planning and Environment Act and other related legislation.

 

Access to the site must be available at all times for Council representatives to monitor implementation of the SEMP.

 

The SEMP must include the following to the satisfaction of the Responsible Authority:

 

a)   Prior to commencement of works, contractors must be inducted into the SEMP and all flora and fauna conservation requirements.

 

b)   Prior to works, the works zone must be enclosed by secure and obvious temporary fencing. The work zone fence must remain in place until works are completed. Fill, machinery and building materials must not be placed outside of the works zone.

 

c)   All litter and building waste must be contained on the site and must not be allowed to leave the site until the time it is correctly disposed of.

d)   All earthworks must be undertaken in a manner that will minimise soil erosion and adhere to Construction Techniques for Sediment Pollution Control (EPA 1991) or updated version.

e)   Noxious weeds and serious threat environmental weeds must be controlled. Any weed infestations resulting from soil disturbance and/or the importation of sand, gravel and other material used in the construction process must be controlled. Weed control must be at no cost to and to the satisfaction of the Responsible Authority.

f)    Provision for tree remains are to be reused in Council reserves, as agreed by Council’s Environment Team.

 

Tree Management Plan, Amenity Value Payment and Re-Use

 

10. Unless agreed otherwise in writing by the Responsible Authority, prior to the commencement of any works, including works required by other authorities, a Tree Management Plan must be submitted to and approved by the Responsible Authority.

 

11. Unless agreed otherwise in writing by the Responsible Authority, prior to the removal of any trees permitted to be removed by this permit, unless the trees are to be relocated or replaced in a prior agreed location, offsets for amenity value must be paid in full to the Responsible Authority.

 

Streetscape Upgrade Plan

 

12. Within 3 months of the commencement of the development, a Streetscape Upgrade plan showing the streetscape upgrades to the sites street frontages (including rear laneway) must be submitted to and approved by Responsible Authority.  The Street Upgrade Plan must include:

      

a)   Paving on and around the site;

b)   Footpath design (preferred width 3m);

c)   Surface treatments;

d)   Location of relocated/removed crossovers;

e)   On-street car spaces;

f)    Bicycle hoops (minimum 12 hoops) within the street frontage as appropriate;

g)   Extent of overhead building canopies;

h)   Any existing street trees;

i)    New street trees or planter boxes; and

j)    Any other street furniture, including revised traffic signage and line marking;

 

Prior to occupation of the development, the streetscape upgrade works as approved must be constructed and completed to the satisfaction of and at no cost to Council.

 

Sustainability Management Plan (SMP) Implementation

13. All works must be undertaken in accordance with the Sustainability Management Plan (SMP) prepared by Wood & Grieve Engineers, Rev 6, dated 10th November 2017, to the satisfaction of the Responsible Authority.   No alterations to the SMP may occur without the prior written consent of the Responsible Authority.

 

Use of Rear Laneway – access to land

 

14. The area at ground level between the southern wall of the development and the proposed laneway extending from Comben Drive must be kept clear at all times and maintained to ensure that vehicular access is maintained to the satisfaction of the Responsible Authority.

 

Rear Laneway – power pole relocation

 

15. Prior to occupation of the development, the power pole in the rear laneway is to be relocated to facilitate clear laneway access, at no cost to Council and to the satisfaction of the Responsible Authority.

 

General Exterior Treatment

16. The exterior treatment of the building(s) permitted by this permit including all exterior decoration, materials, finishes and colours must be to the satisfaction of the Responsible Authority. All tilt slab or precast concrete buildings must be painted, treated and textured to the satisfaction of the Responsible Authority. The exterior treatment of the building(s) must be maintained to the satisfaction of the Responsible Authority.

 

Screening of all plant equipment

17. All plant equipment (air-conditioning, solar panels, TV aerial and rain water tanks) installed on the roof or otherwise attached to the building must be incorporated in the built form, screened and treated to minimise any negative visual impact/clutter and preserve the intended design/built form appearance to the satisfaction of the Responsible Authority.

 

Refrigeration & Air-conditioning

18. Any equipment required for refrigeration, air-conditioning, heating and the like must be located on the subject land and must be suitably insulated for the purpose of reducing noise emissions, to the satisfaction of the Responsible Authority.

 

Construction Phase

19. All activities associated with the construction of the development permitted by this permit must be carried out to the satisfaction of the Responsible Authority and all care must be taken to minimise the effect of such activities on the amenity of the locality. All noise associated with the construction of the development must comply with EPA’s Environmental Protection (Residential Noise) Regulations 1997 No. 120 and State Environment Protection Policy (Control of Noise from Commerce, Industry and Trade) No. N-1.

 

20. Measures must be taken to suppress dust, noise or other emissions during construction to prevent nuisance to surrounding neighbours as defined by the Public Health and Wellbeing Act 2008.

 

Nuisance Provisions

21. No emissions from the site (noise, light, odour, dust etc) will be permitted to cause a nuisance to surrounding properties under the Public Health and Wellbeing Act 2008, Environment Protection Act 1970 or any other legislation.

 

Exposed Storage

22. Goods, equipment or machinery or any other structure must not be erected or stored or left exposed outside a building, including walkways, car parking and landscape areas so as to be visible from any public road or thoroughfare

 

External Lighting

 

23. Any external light is to be baffled so as to limit any light spill to nearby residential properties.

 

No Mud on Roads

24. No mud, crushed rock or other debris is to be permitted to be carried onto public roads or footpaths from the subject land. Appropriate measures must be in place at all times during construction to prevent this occurrence to the satisfaction of the Responsible Authority.

 

Vehicle Crossings

25. Vehicular access to the subject land from any roadway or service lane (and vice versa) must be by way of a vehicle crossing(s) constructed at right angles to the road, to suit the proposed driveway(s) and vehicles that will use the crossing.  The location, design and construction of the vehicle crossing(s) must be approved by the Responsible Authority.  Any existing unused crossing(s) must be removed and replaced with concrete kerb and channel and any services or infrastructure, including street trees, that require relocation or modification as a result of proposed crossovers must be relocated or modified at the permit holders cost and to the satisfaction of the Responsible Authority or relevant service authority.

 

Kerbs

26. A concrete kerb of a minimum height of 150mm or such other form of barrier as the Responsible Authority may approve, of sufficient height to prevent the passage of vehicles, must be provided where necessary to prevent vehicles causing damage to garden areas, walls, fences or any other property, to prevent vehicular access/egress other than where driveways are provided and to prevent vehicles projecting beyond the boundaries of the subject land.

 

Carparking to be Clearly Indicated

27. The boundaries of all car spaces, access and egress lanes and the direction in which vehicles should proceed along the lanes must at all times be clearly indicated on the ground to the satisfaction of the Responsible Authority.

 

Disabled car parking spaces

 

28. Disabled car parking spaces are to be provided in accordance with Australian Standard AS/NZS 2890.6:2009 with the inclusion of the bollard and shared space.

 

Use of Parking Areas

29. Areas set aside for the parking and movement of vehicles as shown on the endorsed plan(s) must be maintained in a usable and safe condition to the satisfaction of the Responsible Authority and made available for such use and must not be used for any other purpose.

 

Bicycle Signage

 

30. Bicycle signage is to provided to the development in accordance with Clause 52.34-5 of the Wyndham Planning Scheme.

 

Access to Indoor Bicycle Storage Area

 

31. Unless agreed otherwise in writing by the Responsible Authority, access to the indoor bicycle storage area is to be provided to staff of the retail tenancies, to the satisfaction of the Responsible Authority.

 

Drainage Engineering

 

32. The whole of the subject land, including landscaped and paved areas, must be drained to the legal point of discharge via internal drainage system to the satisfaction of the Responsible Authority.

 

33. The development must incorporate underground drainage to cater for 1 in 10 year return, and connect into the stormwater drainage system.

 

34. The stormwater runoff generated from the whole of the subject land, including landscaped and paved areas, must not adversely flood neighbouring properties.

 

35. The development must demonstrate how the of stormwater discharges from the subject land will be treated to best practice standards. The design of the treatment system must be submitted to and approved by Council’s Engineering Department. The maintenance agreement for the stormwater treatment system is to be submitted to Council and will form part of the permit when approved.

 

36. All stormwater inlet pits from car parking and paved areas must be grated to prevent the ingress of gross pollutants to Council’s stormwater drainage system.

 

 

37. If new or additional drainage discharge point is required for the subject land, a separate legal point of discharge permit must be obtained from the responsible authority.

 

Waste Water Discharge Standards

38. All waste water must be directed to a legal point of discharge. The properties must be connected to sewer.

 

Graffiti Prevention Measures

39. Any walls / spaces accessible to the public must be treated in accordance with Safer Design and CPTED (Crime Prevention Through Environmental Design) Principles. Where appropriate the following measures must be implemented to the satisfaction of the Responsible Authority:

 

(a)     Use of textured or rough services that make it difficult to apply graffiti.

(b)     Use of permeable fencing instead of solid walls.

(c)     Construct buildings with high-density, low absorbency materials.

(d)     Use anti-graffiti coating to protect the surface when building or revitalizing the walls (including façade).

(e)     Install sensor lighting and / or enhance surveillance to deter graffitists.

(f)      Break up large surfaces to minimise the canvas available for graffitists.

(g)     Use measures to make the surface less accessible to the public.

 

Maintenance of Property

40. The permit holder/occupier must promptly remove or obliterate any graffiti on the subject site which is visible to the public and keep the site free from graffiti at all times to the satisfaction of the Responsible Authority.

 

Completion of Development

41. This permit will expire if one of the following circumstances applies:

 

(a)     The development is not started within two (2) years of the date of this permit;

(b)     The development is not completed within four (4) years of the date of this permit.

 

The Responsible Authority may extend the periods referred to if a request is made in writing whereby either of the following instances apply:

 

(a)     before or within six (6) months after the permit expiry date, where the use or development allowed by the permit has not yet started; or

(b)     within twelve (12) months after the permit expiry date, where the proposal allowed by the permit has lawfully started before the permit expires.

 

Expiry of Permit

FOOTNOTE: In the event that this permit expires or the subject land is proposed to be used or developed for purposes different from those for which this permit is granted, there is no guarantee that a new permit will be granted. If a new permit is granted then the permit conditions may vary from those included on this permit having regard to changes that might occur to circumstances, the planning scheme or policy.

 

Building Approval

FOOTNOTE: This permit is issued pursuant to the provisions of the Wyndham Planning Scheme and does not relieve the permit holder of the necessity to obtain a building permit pursuant to the Building Act 1993 prior to commencement of any construction or works on any part of the site.

 

Road Opening / Crossovers

 

FOOTNOTE: Any new or modified crossovers require separate approval from Council's Assets & Roads Department. Town Planning stamped approved plans must be presented when applying for a Consent for Works approval. Refer https://www.wyndham.vic.gov.au/services/building-planning/other-related-permits/consent-works-road-reserves. The location, design and construction of the crossover(s) is to be in accordance with Council’s standard drawings. Refer https://www.wyndham.vic.gov.au/services/roads-parking-transport/plans-policies-drawings/standard-drawings. Any proposed crossover(s) must maintain a 1.0m clearance from any service provider infrastructure, 3.0m clearance from any street tree and 10.0m clearance from any intersection. If these clearance requirements cannot be maintained, service provider infrastructure may need to be upgraded/modified and street tree compensation fees may be applicable at the permit holder’s cost and to the satisfaction of the Council.

 

Environment Health

 

FOOTNOTES:

 

All food premises as defined by the Food Act 1984 must notify/register with Council's Environmental Health Unit prior to commencing operations.

 

Any proposed food premises must be designed in accordance with the requirements of the FSANZ Food Standards Code and Australian Standard 4674-2004.  An application must be made to Council's Environmental Health Unit to have the design assessed for compliance prior to any work commencing.

 

 

Tree Removal – Amenity Fees

 

FOOTNOTE:   Tree amenity fees will be applicable in accordance with Wyndham’s Tree Amenity Calculator – refer to Council’s Environment Team for further details.

 

Tree Re-Use

 

FOOTNOTE:  All trees with a DBH (diameter at breast height as per AS4970) equal to or greater than 400mm permitted to be removed will be required to be transported to the Wyndham Refuse Disposal Facility (RDF) for milling and reuse.

 

1.      Background

Council has received a planning permit application for the proposed development of the land known as the Small Riverbend Catalyst Site (59 Comben Drive) in Werribee City Centre, for the purpose of a 10-storey mixed use building.

The subject site is owned by Wyndham City Council and the application has been made by Countour Consultants Aust Pty Ltd on behalf of Burbank West Pty Ltd.

The proposal description is the “Development of a mixed use, multi-storey building comprising retail premises and dwellings (as of right uses) and a reduction in the car parking requirement”.

Subject Site

The subject site is located on the eastern side of Comben Drive, between Watton Street (to the south) and Barnes Place (to the north), in Werribee.

The application land forms part of a larger site which extends over Comben Drive and part of Werribee River bank – refer to plans below.

 

 

 

 

The site is currently occupied by a Council-owned surface-level public car park with space for 59 vehicles.  The site features several small/medium canopy trees along the Comben Drive frontage and two trees centrally with the site.

 

Site Surrounds

The subject site is located centrally within the Werribee Activity Centre, and as such, the surrounding area is predominantly commercial, with the exception of land the west and north-west, which features public open space and the Werribee River.

 

Commercial development within the Werribee Activity Centre is generally of a 1-3 storey scale and accommodates a range of uses, including shops, offices, café/restaurants and other city centre uses.

 

The site is located 250m from Werribee Station, providing access to rail services on the Principle Public Transport Network and a range of bus services.

 

The interfaces of the site can be summarised as follows:

 

North

·    The property to the north is occupied by a Council owned public car park with capacity for approximately 150 cars.  The site is identified as ‘key development site’ in the Werribee City Centre Structure Plan, is known as the Large Riverbend Catalsyst Site, and is subject to a preferred maximum building height limit of 71m. 

 

North-east

·    The property to the north-east includes a single storey brick commercial building and is also identified as ‘key development site’.  Planning permit WYP6457/13 allows a three-storey redevelopment of this site with building to side boundary (abutting the subject site).  Further to the north-east is a contemporary three-storey building occupied by Gordon Tafe.

 

South-east

·    To the south-east is a laneway (3.35m wide) which is currently incorporated into the functional access of the existing car park.  To the south of the laneway are several 1-2 storey commercial properties which front onto Watton Street to the south and are occupied by range of uses including shops, take-away food premises, a bank and café.  Some formal and informal surface level car parking exists at the rear of these properties, accessed from the laneway abutting the subject site.

 

West

·    The land to the west is primarily open space and includes the Werribee River and its environs, including the Werribee River Trail, and Wyndham Park which can be accessed via Werribee Bicentennial Bridge.

 

Land Title

The site is formally described as Lot 3 LP51309.  The area of the site where development is proposed is largely free of encumbrances apart from a party wall (0.15m wide, 8.99m long) easement in the south-east corner.

 

Site Planning History

There is no recorded planning permit history for the subject site.

 

Recent planning approvals in the surrounding Werribee city centre of a high-rise nature (similar to that proposed in this application) include:

 

·    Permit WYP10419/17 – 12 storey mixed use development – 22 Synnot Street, Werribee

·    Permit WYP8465/15 – 7 storey retail/office development - 35 Synnot Street & 1 Pine Avenue, Werribee

·    Permit WYP9718/16 – 5-7 storey retail/residential development - 17&17A Bridge Street, Werribee

·    Permit WYP9630/16 – 9 storey mixed use commercial development - 37–43 Cherry Street, 15 Kelly Street & 36 Jellicoe Street, Werribee.

·    Permit WYP9256/16 – 10 storey retail/office/residential development – 86 Synnot Street & 195 Watton Street, Werribee

·    Permit WYP8953/16 – 7 storey retail/residential development - 1-3 Wedge Street, Werribee

 

Proposal

A detailed summary of the proposal in this application is provided below:

 

·    Construction of a mixed use, multi-storey building comprising two retail premises and 100 dwellings.

·    A total of 16 one bedroom, 81 two bedroom and 3 three bedroom dwellings with the dwelling layouts based on 12 floor plates.

·    Private open space to each dwelling in the form of a balcony ranging between 8 to 12.1 square metres in area. Communal open space is also provided with a 116.6 square metre terrace on Level 9, oriented towards Comben Drive.

·    Vehicle access to/from the development via an existing laneway to the south-east boundary which is to be widened at the entry to the car park.

·    A total of 80 residential car spaces provided on site in lieu of the statutory requirement for 100 car spaces. A reduction in the car parking requirement is being sought as part of this application (20 spaces).

·    A total of four retail car spaces provided on site.

·    A total of 54 bicycle spaces and five motorcycle spaces provided on site.

·    A loading bay provided on site and accessed from the laneway.

·    Indicative landscaping includes a green wall and landscaped area at the corner of Comben Drive and the laneway; landscaping around the residential entry; and landscaping within the communal terrace on Level 9.

·    The building would be contemporary in style and constructed in a range of materials, including concrete finishes, external paint, metal cladding, and glazing in white, charcoal, grey and green colour tones.

·    The building would be a maximum 34.6 metres in height (ten storeys) in excess of the preferred 18.5 metre height for buildings in Precinct 3A of the Activity Centre Zone.

·    The building would be set back a minimum 1.2 metres from the Comben Drive street frontage in lieu of the preferred 0 metre building setback in Precinct 3A of the Activity Centre Zone.

·    Site services include water metres, fire tank/pump/control valve rooms, substation, switchroom, mailroom, waste store, NBN room, gas metres and plant area.

·    The current breakdown of each floor is as follows:

Basement

Car park (42 car spaces), storage

Ground floor

Two retail premises (175.6sqm and 178.1sqm), residential entry, car park (19 car spaces) and services

Level 1

Seven dwellings (two 1 bed, five 2 bed), car park (23 car spaces) and services

Level 2

12 dwellings (two 1 bed, 10 2 bed) and plant

Levels 3 to 8 (each)

12 dwellings (two 1 bed, 10 two bed)

Level 9

 

Nine dwellings (six 2 bed, three 3 bed) and communal terrace

 


 

Planning Controls

The planning controls most relevant to the site are:

·    Activity Centre Zone - Schedule 1 - Werribee City Centre

The site is located within Precinct 3A – Central Precinct of Schedule 1

·    Parking Overlay - Schedule 1 - Werribee City Centre

·    Environmental Significance Overlay - Schedule 1 – Waterway Corridors

 

Planning Permit Triggers

Located within an Activity Centre Zone - Schedule 1 - Werribee Principal Activity Centre (ACZ1)

pursuant to the Wyndham Planning Scheme (the Scheme), a planning permit is required for:

 

·    Buildings and Works associated with the proposed building, comprising access, car parking, driveways and all associated works (reference Clause 37.08-5)

 

·    Car Parking, being a reduction of 20 spaces from the standard requirements of Clause 52.06 and Parking Overlay 1.

Note: under Clause 37.08 - 3.0, Activity Centre Zone – Schedule 1 – the proposed uses of retail at ground floor and dwellings above ground level are both as-of-right uses.  As such, the future uses of the building do not require planning approval as part of the current application.

 

Planning Policy Context

Plan Melbourne

At a regional level, Plan Melbourne defines Werribee as an ‘Major Activity Centre’. The Werribee City Centre therefore plays a major strategic role in providing access to employment, retail, services and infrastructure to surrounding growth areas.

 

Proximity to the National Employment Cluster at East Werribee Employment Precinct provides an opportunity for the Werribee City Centre to play a greater short-to-medium-term role in providing access to higher order services for residents of the rapidly growing Wyndham region.

 

State Planning Policy Framework (SPPF)

 

The clauses most relevant to the proposed development are as follows:

· Clause 10.01 and 10.04 of the Wyndham Planning Scheme provides that it is the purpose of State Policy to balance conflicting objectives in favour of net community benefit and sustainable development.

· Clause 11.01-1 Activity Centres of the Scheme seeks to “…build up activity centres as a focus for high-quality development, activity and living for the whole community by developing a network of activity centres”.

· Clause 11 Settlement seeks to anticipate and respond to the needs of existing and future communities through the provision of zoned and serviced land for housing, employment, recreation and open space, commercial and community facilities and infrastructure.

· Clause 11.01-1 Activity Centres seeks to build up activity centres as a focus for high-quality development, activity and living for the whole community, commensurate with the role and function of the requisite activity centre. This clause also seeks to create a network of activity centres that are the focus for business (and other uses), provide forms of higher density housing and maximize choice in services, employment and social interaction.

· Clause 11.01-2 Activity Centre Planning seeks to encourage a diversity of housing types at higher densities in and around activity centres.

· Clause 11.02-1 Supply of Urban Land seeks to ensure that sufficient land is available to meet forecast demand.

· Clause 11.02-2 Planning for Growth Areas seeks to locate urban growth close to transport corridors and ensure the efficient delivery of infrastructure. It also seeks to ensure that housing needs are met by providing a diversity of housing types and distribution.

· Clause 11.04-1 Delivering Jobs and Investment seeks to plan for jobs close to where people live.

· Clause 11.04-2 Housing Choice and Affordability seeks to provide a diversity of housing in defined locations that cater for different households and that are close to jobs and services.

· Clause 11.04-4 Liveable Communities and Neighbourhoods seeks to limit the further outward expansion of the metropolitan area and facilitate the achievement of a compact city, create a city of 20-minute neighbourhoods (as contemplated by Plan Melbourne) and to create healthy and active neighbourhoods that maintain Melbourne’s identity as one of the world’s most liveable cities.

· Clause 15.01-1 Urban design seeks to create urban environments that are safe, functional and provide good quality environments with a sense of place and cultural identity.

· Clause 15.01-2 Urban design principles aims to achieve architectural and urban design outcomes that contribute positively to local urban character and enhance the public realm while minimising detrimental impact on neighbouring properties. The design principles articulated within this clause apply to development proposals for residential development not covered by Clause 55 of the Scheme.

· Clause 15.01-4 Design for safety seeks to improve community safety and encourage neighbourhood design that makes people feel safe.

· Clause 15.02-1 Energy and resource efficiency seeks to encourage land use and development that is consistent with the efficient use of energy and the minimisation of greenhouse gas emissions. Buildings should improve efficiency in energy use, support low energy forms of transport such as walking and cycling and promote the integration of energy efficient design principles.

· Clause 16 Housing encourages the provision of new housing, including in the form medium and higher density housing, to meet the demand generated by Victoria’s growing population, in existing urban areas and designated growth areas.

· Clause 16.01-2 Location of Residential Development seeks to locate new housing in or close to activity centres and employment corridors and at other strategic redevelopment sites that offer good access to services and transport.

· Clause 16.01-3 Strategic Redevelopment Sites designates that a strategic redevelopment site is a site which is in or within easy walking distance of a Major Activity Centre and able to provide 10 or more dwellings, close to an activity centre and that is well serviced by public transport (amongst others).

· Clause 16.01-4 Housing Diversity seeks to provide for a range of housing types to meet increasingly diverse needs. This clause also seeks to ensure housing stock matches changing demand by widening housing choice and encourages the development of well-designed medium density housing which respects neighbourhood character, improves housing choice, makes better use of existing infrastructure; improve energy efficiency of housing and to ensure planning for growth provides for a mix of housing densities in and around activity centres.

· Clause 17 Economic Development seeks to facilitate commercial use within activity centres (i.e. promote uses such as shops, retail premises and food and drink premises in appropriate locations).

· Clause 18.02-2 Cycling seeks to integrate planning for cycling with land use and development planning as an alternative mode of travel.

· Clause 18.02-5 Car parking aims to ensure an adequate supply of car parking that is appropriately designed and located.

Municipal Strategic Statement (MSS) and Local Planning Policy Framework (LPPF)

Clause 21.01 Municipal Profile of the Scheme notes that Wyndham is one of Metropolitan Melbourne’s designated growth corridors.

 

Clause 21.01 also recognises that one of the key influences for change in the municipality is the need to provide further ‘housing diversity’ and acknowledges that “the rapid growth of the City requires more attention to housing diversity, as well as housing density, to ensure that housing is sustainable and reflects community needs”.

 

Clause 21.02 Settlement seeks to “concentrate most higher density residential and mixed use development and higher density employment areas and services within 400-800 metres of existing and planned rail stations.”

 

Clause 21.02-3 Liveability seeks to create opportunities for people to connect through the creation of urban parks, pedestrian plazas and urban links.

 

Clause 21.07 Housing reiterates the above as a key challenge facing the municipality.

 

Clause 21.07-1 Residential Development recognises that “new growth areas present great opportunities to provide higher density, more diverse housing around new activity centres, especially transit based centres”.

 

Clause 21.07-2 Housing Diversity also notes that “with a declining average number of persons per household, a preference for smaller dwellings and a projected increased in lone person households… there is a mismatch between household sizes and a lack of availability of smaller dwellings”.

 

Within Clause 21.08 Economic Development, Clause 21.08-2 Activity Centres states that “Wyndham is committed to the reinvigoration and redevelopment of the Werribee City Centre as its Principal Activity Centre as a major retail, commercial and residential hub.”   Objective 3 aims to facilitate the growth of the Werribee City Centre by means involving “encouraging a diverse range of land uses including accommodation, retail, and food and drink,” and “encouraging high quality, accessible and environmentally sustainable design”.

 

Extracts from this policy relating to Werribee City Centre are shown below:

 

Housing growth

Achieve a substantial increase in the number of dwellings by

facilitating higher density, apartment style housing.

Scale of

development

Higher density mixed use buildings scaling down to medium density and lower density at the sensitive interfaces.

 

In terms of transport, Clause 21.09-1 Integrated Transport Networks recognises that “Wyndham’s reliance on cars for transport displaces some of the more active transport options like walking, cycling and using public transport. However, using active transport options involving greater physical activity can alleviate a variety of health problems”. This clause then seeks to provide improved access to accessible transport options (such as walking/cycling).

 

Werribee City Centre Structure Plan

The Werribee Principal Activity Centre is underpinned by the Werribee City Centre Structure Plan (updated June 2013) which is a reference document within the Wyndham Planning Scheme and was adopted in March 2015 through Amendment C150.

 

The Structure Plan is translated through the Activity Centre Zone – Schedule 1. It notes that “The Werribee City Centre is the heart of Wyndham, and is the major centre for business, government, specialty retail, entertainment, arts, culture, community, sport, leisure; a true city in every sense”.

 

Extensive consultation was undertaken at the time of the Activity Centre Zone – Schedule 1 and Structure Plan.  These documents constitute key components of the planning policy framework for higher density mixed use development in the city centre.

 

Werribee City Centre Parking Precinct Plan (2013)

The Werribee City Centre Parking Precinct Plan, which was adopted as part of Amendment C151 in February 2014, identifies the objective of establishing a network of large, easily locatable and evenly distributed public parking facilities over time to serve the Werribee City Centre.

 

City of Wyndham Activity Centres Strategy 2016

The vision for Council’s Activity Centres Strategy is that:

Wyndham’s activity centres will develop in a way that promotes a vibrant and robust activity centre network; encourages a diverse mix of uses; is efficient and viable for investors, businesses, consumers and other users; generates employment and income opportunities; promotes sustainable social and environmental outcomes; and functions in a manner which focuses on the needs of residents and visitors to the City”.

 

Of particular relevance to Werribee City Centre, which is identified as a Principal Activity Centre,

directions include:

·    Werribee City Centre is expected to expand its role as a mixed-use ‘main-street’ activity centre with a vibrant retail sector which integrates with a wide range of business and community services.

·    The ongoing growth of office floorspace is particularly encouraged.

·    As a transit-oriented activity centre with Principal Activity Centre status, options for improving the range and intensity of development in the centre are strongly encouraged.

Wyndham City Economic Development Strategy 2012-2016

The 2012-2016 strategy is referenced in the Wyndham Planning Scheme but has now been superseded by Council’s Economic Growth Strategy 2017-2029.

 

The 2017-2029 strategy:

·    Recognises that with a centrally located train station, a river and parklands the centre of Werribee offers the potential for an attractive environment for the higher order functions desired for Werribee.

·    Provides that the council controlled “Catalyst Sites” have the capacity to deliver new multi-level large office development, community and residential outcomes as well as delivering much needed car parking. The subject land is one of three key land holdings marked for redevelopment in the central precinct of the Werribee City Centre.

Wyndham West District Plan 2015–2019

The subject land falls within the area affected by the Wyndham West District Plan 2015–2019 which seeks to promote the Werribee City Centre.

Zoning

The subject site is located within Activity Centre Zone – Schedule 1 (ACZ1) ‘Werribee Principal Activity Centre’.  This zone has been in place since 2015.

 

Key overarching Objectives of the ACZ1 include:

·    To facilitate the growth of the Werribee City Centre as a key regional commercial, retail, recreational and cultural focal point for Melbourne’s west, and as a location for higher density residential development.

·    To intensify land use in the Werribee City Centre and encourage a diverse range of land uses and attractions, including accommodation, office, retail, food and drink, transport, civic and community uses.

·    To intensify street level activity by:

Encouraging a mixture of land uses that generate high levels of activity to locate at ground level along street frontages, encouraging residential, commercial and other land uses that generate low levels of pedestrian activity to locate either above ground level or behind street-facing active land uses.

·    To encourage exemplary architecture and innovative building design.

·    To create a comfortable, accessible, attractive, human-scale built environment at street level.

·    To encourage higher density development.

·    To achieve best practice environmentally sustainable design (ESD) within new developments.

In accordance with the ACZ1, new buildings should meet certain design guidelines set out at Clause 4.4.  This includes “Half-basement or ground floor level car parks should be located behind other active uses at street frontages; otherwise car parks should be located above ground level active uses or below ground level.”

 

The subject site is located within Precinct 3A – Station South Precinct.  The precinct contains a preferred building height of 8 – 18.5 metres (regardless of the number of storeys contained within the preferred height), and 0m front and side building setbacks (to a height of 8m).

 

The precinct also contains the following guidelines of most relevance to the site:

·    Opportunities for new or enhanced pedestrian connections between the Riverbank

Promenade, Station Place, the Werribee Train Station, Watton Street and Cherry Street should be maximised.

·    Redevelopment of the existing ground level car parks within the precinct is encouraged.

·    Car park entries along Watton Street and Station Place should be avoided.

·    Light spill into the Werribee River Reserve should be minimised.

 

Overlays

The subject land is affected by the Parking Overlay – Schedule 1 Werribee City Centre.

  

The Overlay specifies that one car space is required per dwelling and no visitor car parking is required for dwellings. There is no varied rate for a shop or food and drink premises under the Overlay, therefore Clause 52.06 applies.

 

The subject land is affected by the Environmental Significance Overlay (ESO1) - Schedule 1 – Waterway Corridors.  ESO1 applies only to the western corner of Lot 3 LP51309 and the application does not propose any works within the areas covered by the ESO.  Given this, a permit is not required for the proposed development under this overlay.

 

Particular Provisions and General Provisions

 

Clause 52.06 Car Parking

Clause 52.06 seeks to ensure car parking is provided in accordance with planning policies, as well as support sustainable transport alternatives to the motor car.

 

Clause 52.34 Bicycle Facilities

Clause 52.34 seeks to encourage cycling as a mode of transport, and the provision of secure, accessible and convenient bicycle parking spaces and associated shower and change facilities.

 

Clause 58 Apartment Developments

Clause 58 seeks to encourage apartment development that provides reasonable standards of amenity for existing and new residents, and to encourage apartment development that is responsive to the site and the surrounding area.

 

Clause 65 Decision Guidelines

Clause 65 outlines the decision guidelines the Responsible Authority is to consider when assessing planning permit applications.

Notice

Pursuant to Clause 67 and Clause 37.01 of the Wyndham Planning Scheme, statutory notice of the application was provided by way of the following:

·    Public notification of the application commenced on 6 December 2017, with the proposed plans prepared by Rothe Lowman (Rev A, dated 9 November 2017) made available for public viewing.

·    A minimum 28 days public notice of the application was given rather than the standard 14 days in order to provide the community adequate time to view the plans and provide any submissions over the Christmas/New Year period. 

·    110 letters were sent to the owners and occupants of surrounding land as nominated on the site plan below.

·    2 signs were erected on site facing Comben Drive at the north-east and south-west corners of the site.

·    Advertising in the local newspaper (Wyndham Weekly) was undertaken on 20.12.2018.

·    The application documents have been available on Wyndham’s online planning register.

 

In response to the public notice summarised above, 6 objections to the application were received.  The topics of objection and responses to these are briefly summarised below.

 

Key issues raised by Responses:

Planning Officer Response

Rear Laneway Access

 

·    Rear laneway will be reduced to one-way.

·    Properties at 42 – 28 Watton Street will be affected.

·    Impact on attractiveness and usability for tenants.

·    Resultant traffic congestion at loading/unloading times, resulting in vehicles having to reverse out of laneway into oncoming traffic.

·    Will not enable adequate flows for delivery trucks, emergency services or other access.

The concerns regarding the width of the rear laneway are noted.  Amended plans can be required to increase the width of the laneway to 5m for the majority of the laneway, in line with existing formal car parks on properties to the south.  This would ease traffic movements for the low volumes of traffic in this area.

 

 

 

 

 

 

 

·    Impacts on functional access to the loading bays proposed in the redevelopment of 28 Watton Street.

There is no formal loading bay at the end of the laneway or at the rear of 28 Watton Street (existing or proposed development).

·    Impacts on access to City West Water pumping station at the side/rear of 28 Watton Street.

City West Water has responded to the application with no objection to the proposal.  A vehicle can still access the end of the laneway.

·    Impacts on fire safety and associated approvals for redevelopment of 28 Watton Street.

CFA has advised there is no issue with the proposed laneway arrangement.

Car Parking

 

·    Development will negatively affect parking in the area (noting already large volume of cars in area due to medical clinic).

·    Lack of parking will affect Watton Street businesses.

The change to the existing car parking on the site is a decision of the landowner (Wyndham City Council), and car parking is being provided elsewhere in the city centre.

·    Access to disabled car spaces will be restricted with loss of on-street car parks.

As the area develops, Council will need to carefully review the provision of disabled car spaces across the city centre.

·    Werribee CBD landowners have paid a special levy to acquire the subject site car park.   The proposed replacement car park at the western end of Watton Street does not service our tenants' patrons who rely on car parking closer to their businesses.

There is no obligation upon the current landowner for the subject site to remain available for public use as a car park, and therefore this cannot be considered as part of the current planning proposal to re-develop the site.  Notwithstanding, additional car parking would be provided elsewhere in the city centre to service existing businesses.

·    The proposed developments reduction in car parking will impact on availability of public car park spaces.

The reduction in car parking proposed is discussed in more detail later in this report in the assessment of the proposal.

 

 

Site Visit

Multiple site visits were undertaken by the assessing officer during the course of the application. The site visits confirmed the site description and site context as described earlier.

 

Referrals

External Referrals

Pursuant to Clause 66, a statutory referral was sent to Transport for Victoria (TfV) (formerly Public Transport Victoria (PTV)) in accordance with the requirements of the Planning and Environment Act 1987 ad Wyndham Planning Scheme.

 

Non-statutory referrals were also sent to a number of authorities to assist in assessing the merits of the proposal.  These were as follows:

·    Powercor - noting recent power supply discussions in the city centre.

·    CFA – noting discussion regarding access to the rear of the property.

·    City West Water – noting discussions around access to the pumping station at 28 Watton Street at the end of the rear laneway.

·    VIVA Energy – noting the site is within 200m of the white oil pipeline.

 

Department

Response Summary

Transport for Victoria

No response received.

 

Planning Officer Response

Assumed consent.

Powercor

No response received.

 

Planning Officer Response

The applicant will need to engage with Powercor as part of the detailed design stage.

CFA

No objection.  The rear laneway is too narrow for fire trucks to easily access and therefore trucks would go part way down the lane and run a hose the remainder of the length – this position is accepted by CFA and would not be altered as a result of the proposal.

 

Planning Officer Response

Noted.

City West Water

No objection subject to conditions.

 

Planning Officer Response

The conditions provided relate to subdivision which is not included in this application – as such they will not be included on any permit issued as they are not relevant to the current proposal.

VIVA Energy

No response received.

 

Planning Officer Response

The site is approximately 150m from the white oil pipeline, the other side of Wyndham Park and the rail line and given this distance, would not be impacted by the pipeline.

 

Internal Referrals

 

Department

Response Summary

Vibrant City Centres

Overall support for the proposal.

 

Parking Supply

The amount of parking provided for the uses within the building is assessed as being appropriate, as detailed below.

 

Shop Parking

Under the Wyndham Planning Scheme the upper limit parking requirement for shops is 4 spaces per 100sqm. Council’s minimum discretionary parking requirement is 1 space per 100sqm which provides for long-stay parking for workers.

The provision of 4 parking spaces for workers in the 353.7sqm of shop floor area exceeds the minimum discretionary requirement and is assessed as being appropriate. The rationale and justification provided in the submission is supported.

 

Residential Parking

Under the Wyndham Planning Scheme the upper limit parking requirement for residential is 1 parking space per apartment. Council has no specified minimum discretionary parking requirement. Council has the ability to reduce the parking requirement to as low as zero.

 

20 apartments (20%) are proposed to not have a parking space, as follows:

·    8 of the 16 one-bedroom apartments would not have a parking space,

·    12 of the 81 two-bedroom apartments would not have a parking space.

The provision of 80 parking spaces for the 100 apartments is less than the standard requirement for residential.

 

The provision of 80 parking spaces for the 100 apartments is assessed as being appropriate. The rationale and justification provided by the developer in their submission is supported.

 

A requirement for the developer to provide one share car within the development for use by the building residents (particularly those without a car) is not assessed to be necessary but might be considered by Council if the parking provision rate is deemed to need this support.

 

Rear Laneway

The Riverbend Small building has been setback from the property boundary to the laneway to maintain vehicle access and turning circles into these adjacent properties. The building setbacks are assessed to be appropriate and adequate for the functioning of the laneway. The justification for the building design and setbacks addressing the laneway provided by the developer in their submission is supported.

 

Building height

The height is assessed as being appropriate as:

-      Above podium level the building is setback from surrounding buildings and is not overshadowing public space,

-      The building is well designed with a sculptural form and well-articulated façade that presents well to the surroundings,

-      The building increases the connection between the City Centre and the River and Park Precinct, which is a key objective of the Werribee City Centre Structure Plan,

-      The height is in line with the precinct objective of encouraging higher density development and activity around the train station and overlooking the Werribee River and Wyndham Park,

-      The building achieves the precinct objective of addressing and activating the river and park precinct,

-      The apartment residents in the building will provide important passive surveillance to Wyndham Park,

-      The Riverbend site next door is planned to accommodate a 20 storey building (which is allowed under the zone) and so the 10 storey building subject to this application will help to provide a stepped transition to that development.

 

Apartments and Design

Clause 58 requirements are assessed as being appropriate and adequately addressed. While the 200sqm of communal open space is required under the Better Apartment Design Standards, 116.6sqm of high quality communal open space is provided on level 9. This is assessed to be adequate given it is a high quality space with excellent solar access and views and there is Wyndham Park located across the road providing a large additional amount of public open space.

 

Other aspects of the submission are appropriate.

 

Recommended permit conditions

1.   A Landscape Plan including footpath design and bicycle rack provision is to be designed to the satisfaction of Council.

2.   Toilet facilities and amenities for workers are to be shown within or serving the ground level shops to the satisfaction of Council.

3.   The glazing at the ground level street frontage is to be specified as clear glazing as per the requirements of the Activity Centre Zone.

4.   The recommendations in section 10 of the Waste Management Plan are to be implemented to the satisfaction of Council.

5.   The recommendations of the Acoustic Report are to be implemented to the satisfaction of Council.

6.   Air conditioning condenser units on apartment terraces are to be screened to the satisfaction of Council, so they are not visible on the façade of the building.

 

Planning Officer Response

Support noted.

The rear laneway will require widening via conditions in line with the above comments.  Other edited conditions would also be applied to any permit issued.

 

Urban Design (external advice from Planning Collaborative)

Overall support.

 

Building height

Supported for subject site, noting:

·    the dimensions of the site,

·    the location of the site on the edge of the Werribee River open space,

·    the minimal off-site impacts in terms of overlooking and overshadowing,

·    the capacity of the site to accommodate higher densities and built form, and

·    the generally high standard of architecture.

 

Setbacks

Building setback are considered appropriate. The absence of a setback to the main facade at upper levels is not seen as necessary given the architectural form of the building.

 

Eastern interface

The proposed two-storey blank wall will impact on the single-storey building at 28 Watton Street which is set back from the common boundary with a covered walkway. At present, this building faces the open and active area of a car park. Following construction this will become a narrow, shaded and unsafe space that is accessible to the public.

 

Southern elevation - Undercroft area

The revised undercroft area as shown on drawing TP01.02, the accompanying 3D render of this area shows an acceptable level of amenity.

 

Planning Officer Response

Support for the proposed design noted.

In relation to the eastern elevation – the proposal responds appropriately to the approval granted for the adjoining property at 28 Watton Street to build to boundary.

 

Strategic Planning

Note building height in excess of preferred maximum in ACZ1 - reference building heights in Werribee City Centre Structure Plan.

Note potential for 20 storeys building adjacent.

Recommend external urban design review.

 

Planning Officer Response

Noted – refer to assessment and external urban design review summary provided above.

 

Traffic Engineering

Parking

·    Noting the census data provided, the bicycle provision, the site location being within the Werribee Activity Centre and well served by public transport, the 20 car parking spaces exemption for residential requested by the applicant is reasonable from a traffic/transport engineering perspective.

 

Access

·    Strong concern with the width of the rear laneway (and space between buildings) as being too narrow to be conveniently useable and maintain an adequate level of access to the properties abutting the laneway, with resultant safety and servicing implications.  

 

Other

·    Bollards to be provided for the disabled parking spaces as per AS2890.6

·    Appropriate signs to be provided (where the ROW narrow to 3.84m wide) to indicate it operates as a two-way single lane.

·    The existing Entry Only signs at the west end of the laneway are to be removed and replace with No Through Road signs.

·    Existing one-way line marking (arrows) is to be removed.

·    The existing zebra crossing at the western end of the laneway is to be retained.

 

Planning Officer Response

The car parking provision for the proposal is assessed in further detail later in this report.  In relation to access, permit conditions could require the building to be setback further from the rear laneway to allow adequate access (this is also discussed in further detail below).

Other edited permit conditions could also be applied to any permit issued.

 

Technical Engineering

Concerns with proposed width and function of rear laneway.

 

Planning Officer Response

Permit conditions could require the building to be setback further from the rear laneway to allow adequate access (this is discussed in further detail below).

 

Transport Planner

1.   Query retail tenants access to the bicycle storage facilities located in and only accessible from the car park.

2.   Query retention of red brick pavers in the Comben Drive footpath. Suggest removing and replace the whole footpath back of kerb.

3.   Query space for tree plantings along Comben Drive to replace the ones being removed.

 

Planning Officer Response

1.   A permit condition could require retail tenancies to have access to the bicycle storage facility.

2.   A streetscape upgrade plan could require details to be confirmed regarding footpath paving.

3.   Trees being removed could be required to be replaced in a suitable nearby location via permit condition.

 

Drainage Engineering

Drainage conditions provided.

 

Planning Officer Response

These conditions are standard in nature and could be applied to any permit.

 

Environment & Sustainability

Conditions required regarding Sustainability Management Plan implementation, Site Environment Management Plan and Tree Amenity Fees.

 

Planning Officer Response

Edited conditions/footnotes to cover these matters could be applied to any permit.

 

Environmental Health

Various conditions provided regarding amenity.

 

Planning Officer Response

Edited conditions to cover these matters could be applied to any permit.

Building

Comments

1.   Full assessment will be required by the RBS.

2.   Concern with rear laneway width and access to fire services at rear of 28 Watton Street – refer to CFA.

3.   Existing buildings and the proposed development site are less than 3m from the title boundary however, the existing carpark /roadway/reserve allow compliance.  Proposed building boundary lines will result in fire separation non-compliances to the existing buildings where less than 3m.

4.   Comben Lane has an existing power pole which appears to straddle boundaries, relocating may need to be discussed due to the laneway width been reduced.

 

Planning Officer Response

1.   A permit footnote could highlight the requirement for a building permit to be obtained prior to works starting.

2.   The rear laneway width is considered in further detail in the assessment section of this report.

3.   The proposed building being built to boundary responds to planning policy – any building requirements that result from this could be dealt with via the Building Regulations.

4.   The applicant has advised that the existing power pole in the laneway will be relocated and this could be required by permit condition.

 

2.      Discussion

The key matters for consideration given the policy requirements and comments of authorities and objectors as set out above are deemed to be as follows:

·    Is there policy support for the proposal having regard to State and local planning policy objectives and the purpose of the zoning and overlay controls?

·    Is the proposal respectful of the urban context and neighbourhood character, including the Werribee city centre?

·    Does the design response provide sufficient internal amenity for future residents?

·    Does the design response minimise off-site/external amenity impacts to adjoining properties?

·    Are the access, car parking, bicycle facilities, and loading arrangement appropriate?

The above questions are further discussed below and incorporate an assessment against the Apartment Developments provisions at Clause 58 of the Wyndham Planning Scheme.

 

Is there policy support for the proposal?

The proposal responds to the overarching State and local planning objectives in the Wyndham Planning Scheme as follows:

·    Urban consolidation within existing activity centres: The development is situated in an established, highly accessible area within the Werribee city centre and subsequently encourages urban consolidation for the efficient use of existing infrastructure and services.

·    Housing supply, diversity and affordability: The development delivers 100 new dwellings in the form of apartments containing one to three bedrooms each. It provides additional housing to accommodate population growth, adds diversity and choice of accommodation and facilitates the supply of affordable housing.

·    High quality design: The development is of high architectural quality and visual interest, with a contemporary style of design that is respectful of the emerging urban context within the Werribee city centre (discussed in the next section of this report).

·    Internal/external amenity: Subject to further conditions in any permit granted, the development provides an acceptable level of internal amenity for future occupants and minimises adverse off-site/external amenity impacts to adjoining owners and occupiers (discussed in later sections of this report).

Is the proposal respectful of the urban context and neighbourhood character?

The site is in Precinct 3A – Station South Precinct of the Werribee City Centre and is designated as an ‘increased intensity mixed use area’. The proposal adequately responds to the emerging urban context and neighbourhood character and a satisfactory urban context report has been provided in accordance with Clause 58.01 of the Wyndham Planning Scheme. The following assessment is provided:

·    Street activation: The proposal involves the redevelopment of an existing ground level car park which is encouraged within the precinct, allowing for the under-utilised site to realise its highest and best use. The proposal addresses and activates the open spaces and natural features within and adjacent to the precinct, including the Werribee River. The proposal provides an opportunity for new and/or enhanced pedestrian connections on Comben Drive, with regular openings from the street and a canopy to provide overhead cover.

·    Mixture of uses: The proposed multi-storey building provides a higher density of development which is encouraged and makes the most of the precinct assets, including transport and natural assets. The proposal provides an integrated mix of retail and residential uses. This promotes a higher level of activity including the potential to introduce a night time population into the precinct, which is encouraged. The proposal provides two retail premises on Comben Drive and assists in creating a vibrant retail network through the precinct.

·    Existing trees: The proposal includes the removal of six trees within the existing car park. An arborist report has been prepared by Galbraith & Associates and the tree removal is deemed to be acceptable in this instance as the trees are not of biological, heritage or other significance and tree removal is commonplace in redevelopment proposals, particularly within activity centres.

·    Landscaping: A detailed landscape plan should be required as a condition of any permit granted. The landscape plan should incorporate landscaping in the communal open space in accordance with the recommendations of the wind assessment (refer to further discussion below) and a vertical green wall to screen the car park entry in accordance with the perspective images provided. A variation is sought to Standard D10 and the requirements for deep soil areas and canopy trees. In this instance the variation is deemed acceptable given the site’s location opposite the Wyndham Park and the need to balance competing State/Local policy objectives for higher density development to street edges.

·    Cultural heritage: The proposal considers Aboriginal cultural heritage sensitivity given it is proximate to a named waterway (Werribee River). A cultural heritage assessment has been prepared by Andrew Long and Associates however a mandatory Cultural Heritage Management Plan is not required as the land has been subject to significant ground disturbance.

·    Architectural expression: The development provides a high quality, contemporary architectural design that will add interest to the area and establish a benchmark for future development in the activity centre.

·    External materials: A range of external materials have been selected for construction, including concrete finishes, external paint, metal cladding, and glazing in white, charcoal, grey and green colour tones. These materials are considered to be relatively low maintenance, durable and of reasonable quality. Conditions should also require walls on boundaries to be cleaned and finished to an acceptable standard, and treated to prevent graffiti.

·    Site services: Site services are appropriately screened and/or internalised in a manner that integrates into the design of the development. In addition, conditions should require services to be concealed and for further approval to be obtained for any services above roof level.

 

Does the design response minimise off-site/external amenity impacts to adjoining properties?

Overall, the development has been designed to limit off-site/external amenity impacts to adjoining properties. The findings are as follows:

·    Building height, scale and massing: The development is proposed to be constructed to a maximum height of 34.57 metres (ten storeys) which is in excess of the preferred 18.5 metre height for buildings in Precinct 3A of the Activity Centre Zone.  Notwithstanding, the building height, form and massing of the development is responsive to the emerging higher density urban context and neighbourhood character envisaged within the Werribee City Centre and is deemed appropriate at this site, which is intended to be a catalyst to facilitate further activity centre development, is highly accessible to services and adjoins limited sensitive interfaces (abuts Comben Drive and the Werribee River trail to the north-west, Barnes Place to the north, a laneway and rear of commercial tenancies on Watton Street to the south, and a commercial tenancy to the east). In addition, there are no existing dwellings on immediately adjoining lots.

The massing and scale of the development is commensurate with other multi-storey development anticipated in the vicinity of the area, including land to the immediate north in Precinct 3B which has a preferred height limit of up to 71 metres.

·    Building setbacks and equitable development impacts: The ground floor is set back approximately 1.2m from the boundary to Comben Drive in lieu of the preferred 0m setback for buildings in Precinct 3A of the Activity Centre Zone. The varied setback is considered appropriate in this instance as it assists in creating a wider pedestrian space and a comfortable and attractive pedestrian environment which serves to maintain a human scale to the development.

The proposed building setbacks accord with Standard D14 and respond to the urban context and preferred future development of the area. Given there are no existing dwellings adjacent to the site, the proposed setbacks will not result in views to existing habitable room windows and private open space.

The building is set back at upper levels from adjoining properties to the north-east and south-east in recognition that adjoining properties may be redeveloped to a similar scale in future, ensuring equitable development opportunities.  Consideration has been given to the balconies in the eastern corner of the site, 1.2m from boundary.  Sufficient outlook for the balcony is provided to the south. The windows to the balconies that present towards the adjoining site to the east (at less than 3m distance) potentially raise issues for multi-level development opportunities in the future, and are not essential for the proposed apartments, and hence should be required to be removed via a permit condition.

·    Overlooking: The site does not immediately adjoin any existing dwellings. As such, no overlooking will occur to habitable room windows and private open spaces.

·    Overshadowing: The site does not immediately adjoin any existing dwellings. As such, no overshadowing will occur to private open spaces. It is accepted that the extent of shadow cast by the building is an inevitable consequence of higher density development in the activity centre and that as the precinct develops, a similar extent of shadow will occur on other sites.  The orientation of the lot and proposed development means that overshadowing of the nearby Wyndham Park will be limited and not excessive.

·    Noise impacts: An acoustic report has been prepared by Resonate Acoustics and adequately demonstrates that the development will not cause unreasonable external noise impacts to surrounds. As above, it is also noted that the site does not have any sensitive abuttals.

·    Construction impacts: A Site Environmental Management Plan should be required as a condition of any permit granted, setting out how the construction process will be managed to limit adverse off-site impacts.

 

Does the design response provide sufficient internal amenity for future residents?

Overall, the design response provides acceptable internal amenity for future residents, subject to some further conditions if a permit is to issue. The following assessment is provided:

·    Energy efficiency: The building is oriented to make use of daylight and solar energy and provides north-facing windows, living areas and private open space where possible in accordance with Standard D6. Many of the dwellings are well oriented to Comben Drive/the north-west, optimising access to sunlight and outlook. A Sustainability Management Plan has been prepared by Wood & Grieve Engineers and demonstrates a 6.5 star Green Star Assessment and minimum 5.5 star individual dwelling NatHERS rating.

·    Integrated water and stormwater management: The development incorporates integrated water management and water sensitive urban design in accordance with Standard D13 and best practice. This includes use of rainwater and detention tanks.

·    Safety: The layout of the development considers the safety and security of residents and property in accordance with Standard D9 and includes a clear entry from Comben Drive. However, a detailed landscaping and lighting plan for the car park/access area should be required as a condition of any permit granted to ensure there is adequate visibility and surveillance.

·    Internal views: Views to private open space and habitable room windows of dwellings within the development are limited in accordance with Standard D15. In particular windows and balconies have been designed to prevent overlooking of more than 50 per cent of a lower level dwelling directly below and within the same development.

·    Noise impacts: Residents are able to be protected from external and internal noise sources in accordance with Standard D16, subject to the implementation of the recommendations in the acoustic report prepared by Resonate Acoustics – i.e. minimum window glazing to the dwellings. This should be reflected as a condition of any permit granted. In addition, the report should be updated to include noise attenuation measures from mechanical plant and surrounding commercial premises.

Noise sensitive rooms (bedrooms) are located away from mechanical plants, lifts, building services, car parking and communal areas where possible.

The site is more than 80m from the railway track and is not in a ‘noise influence area’.

·    Wind impacts: A wind assessment has been prepared by Windtech Consultants. The recommendations of the wind assessment should be reflected on the plans as a condition of any permit granted. This includes addressing westerly winds through maintaining Comben Drive awnings, screening to communal terraces, dense landscaping in communal terraces and balcony treatments.

·    Accessibility: A total of 12 dwelling floor plates are proposed. Of these, at least 50% are designed to meet the needs of people with limited mobility in accordance with Standard D17. This includes dwelling Types C, D, F, G and H as shown on the submitted plans.

·    Building entry and circulation: The development provides independent entries for residents and the retail premises in accordance with Standard D18. The entries front onto Comben Drive, are identifiable, sufficiently sized, functional for intended users, have access to daylight and provided with shelter/canopy from the upper levels.

However, a dedicated area should be set aside externally for the building name to assist in identifying the development. A directory providing information of the layout of the development should also be provided at the entrance to the site to facilitate the identification of units. These requirements should be reflected as a condition of any permit granted.

·    Private open space: Private open space is provided to each dwelling in the form of balconies in accordance with Standard D19. In particular the balconies range between 8sqm to 12.1sqm in area, 1.8 metres to 2.4 metres in dimension, and are conveniently accessed from the living rooms.

·    Communal open space: Communal open space is also proposed in the form of a terrace on Level 9. A variation to Standard D7 is sought as the terrace is 116.6 square metres in lieu of the minimum 250 square metres suggested by the standard for a development comprising 100 dwellings. In this case the design of the terrace is deemed to be acceptable given it remains useable and accessible for the reasonable recreation needs of residents, and given the site benefits from being directly opposite the Werribee River trail.

·    Solar access to communal outdoor open space: The terrace is oriented to the west and fronts Comben Drive. Shadow diagrams have been prepared and at least 50 per cent or 125 square metres of the space receives a minimum of two hours of sunlight between 9am and 3pm on 21 June in accordance with Standard D8.

·    Storage: Each dwelling has access to internal and external storage space ranging between 10 to 18 cubic metres in accordance with Standard D20. However, external storage allocation to each dwelling is unclear and should be required to labelled on plan. 

The development area summary should also be updated as a condition of permit as it appears to be incorrect (37 stores on basement rather than 33; 16 stores on ground rather than 18; 47 stores on Level 1 rather than 49).

Some of the storage units in the car park levels are triangular or irregular shape.  To enhance their usability, a permit condition will require an increase in the size of irregular shaped storage units, where practical. 

·    Common property: Public, communal and private areas within the development are generally clearly delineated, functional and capable of efficient management in accordance with Standard D21. This includes communal open space, car parking, and access areas.

·    Site services: Adequate space has been set aside within the development for site services and infrastructure in accordance with Standard D22. These include: mailboxes, fire boosters, tank, pump room and control valve room; water and gas metres; NBN facilities; substation and switch room. However, details of how the air conditioning units on the balconies are to be screened and integrated into the design of the development should be required as a condition of any permit granted, given a majority fronts onto Comben Drive.

·    Waste and recycling facilities: A Waste Management Plan has been prepared by Waste Tech Services  and proposes private collection. Separate waste rooms are provided for residents and the retail premises in accordance with Standard D23. The waste rooms are conveniently accessible at ground floor and incorporate general waste, recyclables, hard rubbish and charity collections. However, conditions of permit should require design details to demonstrate that these rooms will be ventilated and provided with a bin wash area.

·    Functional layout: A total of 12 dwelling floor plates are proposed. Each floor plate provides a functional layout with the width, depth and area of bedrooms, living areas and habitable rooms designed in accordance with Standard D24.

·    Room depth and windows: Adequate daylight is provided to single aspect habitable rooms and windows in accordance with Standards D25 and D26. The two type K dwellings propose a high-level window to one of the three bedrooms. This arrangement is considered acceptable, noting:

The bedrooms would receive adequate levels of daylight, being north-west facing, and with the adequate size of the windows;

The windows are to be openable to provide ventilation – this will be confirmed by amended plan permit condition.

The windows serve the ‘third’ bedroom within apartments that are otherwise provided with two bedrooms with excellent outlook (on the tenth storey);

Deletion of these bedrooms would result in the loss of two of the three 3-bedroom apartments within the proposed development and thus reduce the amount of family sized accommodation.

·    Natural ventilation: The design and layout of the dwellings encourages natural and cross ventilation where possible in accordance with Standard D27. In particular, breeze paths ranging between 5 metres to 18 metres have been provided to all dwellings (in excess of the minimum 40 per cent of dwellings) to enable effective cross ventilation.

·    Building setbacks: The proposed building setbacks accord with Standard D14 and allow adequate daylight and reasonable outlook to dwellings. Outlook is maximised and screening avoided where possible through placement of a majority of windows, living areas and balconies towards Comben Drive.

 

Are the access, car parking, bicycle parking, and loading arrangement appropriate?

Subject to conditions in any permit granted, the access, car parking, loading and bicycle facilities arrangement is considered to be of a high standard, designed to limit impact on the amenity of the locality, designed and located having regard to the demand likely to be generated, creates a safe environment for users and enables easy and efficient use. The findings are as follows:

·    Access, gradients and laneway: Vehicle access to the site is proposed from the existing laneway to the south, rather than the street frontage to Comben Drive. This is a preferred urban design outcome as it avoids the need for crossovers to the streetscape in accordance with Standard D11.

However, concerns have been raised (by internal referrals and objectors) in relation to the width of the existing laneway and the need to provide functional access to the development as well as the existing commercial premises on Watton Street.  This issue is for both the current arrangements and any likely future redevelopment of the Watton Street properties, for which the ACZ1 policy discourages vehicle access on to Watton Street, and hence, if required, would have to be via the rear laneway.

A concept plan has subsequently been provided which demonstrates a 5m width for a majority of the laneway in accordance with Council’s traffic engineers’ suggestions.  In practical terms, a 5m width allows one car to pass by another at low speed as well as allowing for more convenient turning movements to/from the properties.

The resultant laneway opposite the rear of 30, 32 and 34 Watton Street is 4.0m wide. The width of the laneway in front of the car parking within the site at the rear of 30-32 Watton Street is limited in width in any case by the extent of the 28 Watton Street property boundary. 

It is further noted that any redevelopment of the sites to the south will likely require land consolidation and building may be required to be setback from the laneway to facilitate revised access arrangements.

In summary, the modifications to the laneway width (with increase to minimum 5.0m width for the majority of the length) should be reflected as a condition of any permit granted.

It is noted that the widening of the laneway results in the removal of a further car space (car space 19). This is supported noting that the location of the car space is not ideal (in between two access ramps, stairs and services) and has the potential to create conflict and safety issues.

The site is relatively flat and the accessway and ramp grades accord with design standard 3. Vehicles can exit in a forward direction in accordance with design standard 1.

·    Car parking location: Car parking is proposed to be provided on site and at grade (no mechanical parking) in the form of a secure car park at basement, ground floor and Level 1 as follows:

Basement

42 car spaces

Ground floor

19 car spaces (proposed 18 spaces via condition)

Level 1

23 car spaces

 

The car park is conveniently accessible to dwellings and secure. However, a condition of permit should require design details incorporating ventilation in accordance with Standard D12.

Adequate separation is provided between the dwellings and car park on Level 1 through the placement of the corridor, services and storage units.

·    Number of car spaces: A total of 84 car spaces are provided on site, with 80 spaces for the dwellings and four spaces for the retail tenancies. This is deemed appropriate having regard to the demand likely to be generated, the activities on the land and the site’s location within the Werribee City Centre where it is highly accessible to alternate modes of transport including the Werribee train station.

A reduction in the car parking requirement is being sought for the dwellings as the statutory requirement is to provide 100 spaces under the Parking Overlay for the Werribee City Centre. The number of car spaces required and provided are summarised in the table below:

 

Statutory rate

 

Minimum requirement

Proposal

Dwelling – 16 one bed, 81 two bed, 3 three bed

1

 

1

 

0

To each one or two bedroom dwelling, plus

To each three or more bedroom dwelling (with studies or studios that are separate rooms counted as a bedroom) plus

For visitors to every 5 dwellings for developments of 5 or more dwellings

97 spaces

 

3 spaces

 

 

80 spaces

(variation proposed)

Retail premises

N/A

Car parking spaces must be provided to the satisfaction of the responsible authority as use is not specified in Table 1 to Clause 52.06-5

N/A

4 spaces (satisfactory)

 

 

·    Car parking demand assessment: A satisfactory traffic report has been prepared by Traffix Group. A reduction in the car parking requirement is deemed acceptable for the following reasons:

The car parking reduction is not considered to unreasonably impact local traffic management in the locality of the land.

The site has excellent access to alternate public transport options, including the Werribee train station, which is approximately 90m from the subject site, as well as multiple bus services.

There are no known historic contributions by existing businesses that would raise issues of the equity of reducing the car parking requirement.

A car parking reduction is not considered to affect the future growth or development of the Werribee City Centre and is supported by Council’s Vibrant City Centres Department (Place Manager).

·    Financial contribution: A financial contribution may be considered in lieu of car parking under Clause 4.0 of Schedule 1 to the Parking Overlay. Vibrant City Centres and Traffic Engineering Departments have not requested the financial contribution for the residential component.  Given the development provides for long-stay parking for the commercial tenancies, and the justification that a proportion of the residential tenants will not own cars, a financial contribution is not considered to be required.

·    Green travel: Given the car parking reduction, a Green Travel Plan should be required as a condition of any permit granted. This will assist in encouraging all new residents of the benefits of alternatives to car use, the frequency/availability of public transport services, and any parking limitations in the area.

·    Integrated public transport planning: The development proposes more than 60 dwellings and has been referred to Transport for Victoria who have provided no comment.

·    Bicycle facilities: The development encourages cycling as a mode of transport. A total of 54 bicycle spaces are provided as part of the development in excess of the statutory requirement to provide 31 spaces as per the table below.  This would encourage the use of alternative transport modes and would further lessen the impact of the reduction of car parking spaces associated with the development.

 

Statutory rate under Table 1 to Clause 52.34-3

Minimum requirement

Proposal

Dwelling (in developments of four or more storeys) – 100 dwellings

1 space to each 5 dwellings for residents

1 space to each 10 dwellings for visitors

20

 

10

42 spaces (complies)

Retail premises – 353.7.sqm

1 space to each 300sqm of leasable floor area for employees

1 space to each 500sqm of leasable floor area for visitors

1

 

 

 

0

12 spaces (complies)

TOTAL

 

31

54 spaces

 

Of the 54 bicycle spaces, 12 are allocated to visitors in the form of bike racks on Comben Drive and 42 are allocated to residents within a ground floor bike store. Shower and change room facilities are not required in this instance as there are less than five employee spaces.

However, the design of the bicycle spaces and bicycle signage should be clearly specified on the plans in accordance with Clauses 52.34-4 and 52.34-5 of the Wyndham Planning Scheme. This should be required as a condition of any permit granted.

·    Motorbike spaces: In addition to the bicycle spaces, it is noted that space is available for the parking of five scooters on the basement, ground floor and Level 1 in excess of planning scheme requirements.

·    Design of car spaces: The car spaces are generally designed in accordance with design standard 2 of Clause 52.06, i.e. a minimum 2.6 metres wide and 4.9 metres long.

The exception is the accessible car space to the retail premises which requires a bollard in front of the shared space. If a permit is to issue a condition should require the accessible car space to be designed in accordance with Australian Standard AS2890.6-2009 and the Building Code of Australia.

·    Traffic impacts: The streets and surrounding network have capacity to accommodate the additional traffic volumes generated by the proposed development in a safe and satisfactory manner, subject to a permit condition requiring widening of a portion of the laneway.  An on-street car parking adjacent to the site on Comben Drive could be used as a vehicle drop-off area by users of the development.

·    Urban design and landscaping: The car parking will be internalised within the building and accessed from the rear laneway (rather than from Comben Drive) which is an appropriate urban design outcome. A green wall is proposed to screen the retail car spaces and will assist in softening the development and reducing the visual dominance of car parking. However, details of the green wall should be provided in a landscape plan required as a condition of any permit granted.

·    Safety: Pedestrian access to/from the car parking areas and street and through the car parking area and building entry is reasonably convenient. However, it is unclear whether the car park/accessways are well lit, therefore a lighting plan should be required as a condition of any permit granted.

·    Loading: A 47.7sqm loading bay is proposed to be accessed from the laneway. This is appropriate as a back of house function. The loading bay offers multi-purposes including for use by the retail premises, waste collection vehicles, resident furniture deliveries/removals and access for emergency vehicles.

3.      Wyndham 2040 Vision

·    Places and Spaces:

The development presents an appropriate built form response to the landmark site, thereby aligning with the vision of “creating built environments that contribute to the quality of life of residents at all ages”.

·    Earning and Learning:

The development will increase the range of commercial and employment opportunities in Werribee City Centre, thereby aligning with the vision that “our city will offer varied and plentiful local employment options. It will be a place of choice for businesses of all sizes and have a thriving network of small business operators”.

4.      City Plan

2.2.1  Council will seek to enhance the health and wellbeing of residents and visitors who experience the negative effects of commuter-stress by advocating for higher levels of accessible, affordable, low-emission public transport; increase car parking and opportunities for active transport in and around public transport hubs including train stations; and ensure new developments include infrastructure that will address our City’s growth needs.

2.2.2  Council will build civic pride and social connection amongst residents and businesses through measured activation and regulations to create more appealing streetscapes, including improvements to signage, building fronts, and the natural environment, in order to improve and add to the special physical  character of Wyndham.

2.2.4  Council will balance social sustainability with urban development by identifying and encouraging vital community infrastructure and services prior to land development; seeking opportunities to include health impact assessments for new developments; and continuing to create open and active outdoor /public spaces in both new and existing communities.

5.      Financial Implications

Wyndham City Council is the land owner of the proposed development site.  The commercial implications of the development for Council have been presented elsewhere.

6.      Social Implications

The proposal will allow a greater city centre population, and increase the centre’s commercial and services offer, thereby providing the potential for greater access to services, amenities and a vibrant active Werribee City Centre.

7.      Environmental Implications

The proposal will result in the loss of some trees at the front of the site, however this is commonplace in redevelopment proposals for Activity Centre sites.  New trees will be required as part of the development in nearby locations.

The proposed development incorporates a number of Environmentally Sustainable Development features as highlighted in the Sustainability Management Plan submitted with the application.

8.      Economic/Employment Considerations

The commercial premises will provide a small number of new job opportunities.  Additional city centre population is likely to create demand for services which will have economic benefits in the wider area.

9.          Conclusion

In general, the proposed development complies with both State and local planning policies. Higher density mixed use development is expressly encouraged in the Werribee City Centre Activity Centre.

With some modifications, the large-scale building will make a positive contribution to the evolving character of the area and will not result in unacceptable off-site impacts.

In summary, adopting an integrated decision-making approach which seeks to balance competing objectives to achieve appropriate outcomes, the proposal should be supported, subject to the permit condition requirements described throughout this report.


 

ATTACHMENT No: 1 - Proposal Plans - public notice

 

Item No: 6.4.1

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

ATTACHMENT No: 2 - Reference Plan - increased laneway width

 

Item No: 6.4.1

 


 

ATTACHMENT No: 3 - Render - undercroft rear laneway

 

Item No: 6.4.1

 

 


Other Reports

 

Ordinary Council Meeting

Tuesday, 1 May 2018

 

File No: 000

 

 

Item No: 6.5.1

A/Director City Economy, Innovation & Liveability - Peter McKinnon

 

 

 

Wyndham street lighting bulk change contracts

 

Summary

Lighting the West Phase 3 is a capital project which completes the bulk change of full share street lights to LED over the coming years, with significant operational cost and greenhouse emission savings to Council.  This phase of the project has been approved by Council previously to commence in the 2017/18 financial year.

The works involved with this project will require multiple contracts to be signed for staged delivery. The type of contracts include:

1.   Powercor distributor – luminaire installation, including PE Cell control systems (non-contestable works); and

2.   Supply of luminaries -third party contract via an MAV supplier panel.

The Powercor contracts will be signed under an existing Ministerial Exemption for non-contestable works exceeding the Local Government Act threshold for a public tender (more than $150,000). Ironbark Sustainability has been engaged to support Council in delivering the project and will benchmark Powercor’s contract price against other similar projects prior to signing.

Luminaire supply will occur via an MAV supplier panel.  All suppliers and associated hardware costs will have undertaken a rigorous tender evaluation process that meets Council’s tender obligations under the Local Government Act. Council will select from a range of suppliers based on comparable criteria, including:

·    Luminaire cost;

·    Energy efficiency of the replacement luminaire;

·    Warranties;

·    Provision of equivalent or better lighting levels compared to existing fittings; and

·    Powercor approval for use of the fitting on their network.  

These contracts are considered a low risk decision for Council to execute, given procurement occurs through non-contestable works and a third-party tender, and Wyndham already has substantial experience delivering this type of project. 

Street lighting bulk change projects have long lead times in terms of project design and contracting, and then a relatively short installation period. For this reason, it is important to expedite the contract signing process to ensure luminaire delivery and installation timelines are achieved, along with agreed budget milestones.  This will also result in an accelerated delivery of part of next year’s capital program.

Contracts for the next stage of works are likely to exceed $1 million and would need to be signed within the current financial year to ensure the works and the approved budget align. This report seeks Council approval to delegate contract signing to the CEO for supply and installation of the luminaires, in order to meet the project timelines, as has been done for previous bulk change projects.

 

Attachments

Nil

  


 

Officers’ Declaration of Interests

Under Section 80C of the Local Government Act 1989 (as amended), officers providing advice

to Council must disclose any interests, including the type of interest.

 

Acting Director City Economy Innovation & Liveability – Peter McKinnon

In providing this advice as the A/Director, I have no disclosable interests in this report.

 

Acting Manager Environment & Water – Antoniette Michail

In providing this advice as the A/Manager, I have no disclosable interests in this report.

 

Coordinator Environment and Sustainability - Marc Cassanet

In providing this advice as the Author, I have no disclosable interests in this report.

Key Issues

·        Street lighting bulk change projects involve tight timelines for contract and budget management.

·        The relevant contracts are delivered through third parties -Powercor and MAV and are considered low risk to execute.

·        Delegating contract approval from Council to the CEO will help to meet contract and budgetary timelines, plus advance the delivery of works.

 

RECOMMENDATION

 

That Council delegates approval to the CEO for Lighting the West Phase 3 contracts exceeding $1 million (subject to adoption of the final 2018/2019 capital works budget).

 

 

1.      Background

Wyndham has already completed the bulk change of over 13,000 street lights to energy efficient LED technology. This includes:

·    The original Lighting the West project - changed 12,000 street lights as part of a regional grant funded project, completed in 2016.

·    Lighting the West Phase 2 – 1,000 major road lights completed in 2017 (Council funded).

These projects achieve significant operational cost savings for Council through reduced energy and maintenance bills, and make a significant contribution to Council’s greenhouse gas reduction commitment under the Environment & Sustainability Strategy 2016-2040.

Powercor is the distributor for the region who maintains all unmetered public lighting.  As the lights are connected to their network without metering protection, Powercor will only allow their contractors to conduct street lighting bulk replacement.

As such, Council must request a quote from Powercor for the installation works and sign a Powercor contract for the works to occur. Wyndham has previously obtained a Ministerial Exemption to allow these contracts to be signed without a public tender process given they are non-contestable.

Supply of replacement luminaires is contestable, however, the distributor must pre-approve any luminaires for use on their network. The MAV has run a tender process and established a panel of luminaire suppliers for all councils to access without having to run individual tenders. All suppliers and luminaire prices can be viewed through the MAV supplier online portal for councils to select products suitable for individual projects.

All previous Council bulk change projects have proceeded using the above procurement methods, with contract approval delegated from Council to the CEO where required.

2.      Discussion

There are long lead times required to establish the Powercor contracts and ensure works can occur on time. Powercor contracts may take over six (6) months to finalise as they conduct their own internal tender processes with their preferred contractors.  At the same time, large luminaire orders can take from 8 weeks to 3 months from confirming an order to first delivery (due to manufacturing and/or overseas shipping timeframes).

Given the above, it is essential that contracts can be signed promptly when they become available, in order to ensure installation contractor timelines align with the luminaire supply contract. This is also essential to ensure Council’s annual budget commitments are met.

Based on prices from previous projects it is expected that Lighting the West Phase 3 will include Powercor and luminaire supplier contracts exceeding $1 million. Normally these would require Council approval taking 1-2 months, however, to ensure project timelines are met, this report seeks to delegate contract approval to the CEO.


 

Contracts will be assessed for value for money including:

·    Council experience – Benchmarking both installation and luminaire costs against previous projects with over 13,000 lights changed.

·    Ironbark Sustainability – Independent lighting experts that will benchmark Powercor contractor costs against similar projects by Powercor and other distributors across the State.

·    MAV Panel: Council will select from a range of suppliers based on comparable criteria, including:

Luminaire purchase cost;

Energy efficiency of the replacement luminaire (operating cost);

Warranties;

Provision of equivalent or better lighting levels compared to existing fittings; and

Powercor approval for use of the fitting on their network. 

3.      Wyndham 2040 Vision

Places and Spaces:
The project will improve public lighting outcomes for Wyndham with associated significant environmental benefits and operational cost savings to Council from improved energy efficiency.

4.      City Plan

2.2.3  Council will be a leader in environmental sustainability and adapt to climate change by increasing the energy efficiency of Council, encouraging energy efficient development, fostering bio-diversity, and supporting local agriculture by working with the state government to ensure water security throughout our area.

5.      Council Policy

The project will be help achieve Council’s greenhouse emissions reduction targets from the Environment & Sustainability Strategy 2016-2040.

6.      Financial Implications

Delegating Lighting the West Phase 3 contract approval to the CEO will help expedite the project and achieve Council’s commitments for capital budget expenditure. The contracts are low risk given installation is considered non-contestable works and luminaire supply is through an established MAV panel used by most Victorian Councils.

7.      Environmental Implications

The project aims to reduce Council greenhouse gas emissions and replace old light fittings containing mercury with new LED luminaires (mercury free). All old fittings will be recycled.

8.      Economic/Employment Considerations

Installation works will employ Powercor contractors which may include 5-10 field staff working within Wyndham for the project duration. Luminaire manufacture does not occur locally, but will include assembly of imported parts within Australia (location will vary depending on product selected).


Other Reports

 

Ordinary Council Meeting

Tuesday, 1 May 2018

 

File No: 0

 

 

Item No: 6.5.2

Chief Financial Officer - Binda Gokhale

 

 

 

Werribee Football Club Lease

 

Summary

The purpose of this paper is to seek Council endorsement to commence the statutory procedures to enter into two new leases with Werribee Football Club Limited (WFC). 

 

The proposed leases cover crown land which is managed by Council in our capacity as Committee of Management, as well as components of the Chirnside Park Pavilion located at 220 Watton Street, Werribee.

 

Attachments

Nil

  

 

Officers’ Declaration of Interests

Under Section 80C of the Local Government Act 1989 (as amended), officers providing advice

to Council must disclose any interests, including the type of interest.

 

Chief Financial Officer - Binda Gokhale

In providing this advice as the Chief Financial Officer, I have no disclosable interests in this report.

 

Coordinator Strategic Property Management - Michael Hutchison

In providing this advice as the Coordinator and Author, I have no disclosable interests in this report.

Key Issues

·        The current lease agreement between WFC and Council has expired and due to recent upgrade and expansion works, an opportunity to lease a new function area also exists.

·        The Local Government Act 1989 requires that a public notice of Council’s intention to enter into the leases is published with submissions invited from the community

·        The Land is Crown Land managed by Council as Committee of Management on behalf of the Department of Environment, Land, Water and Planning.


 

 

RECOMMENDATION

 

That Council:

1.       Endorse that the statutory procedures be commenced under sections 190 and 223 of the Local Government Act 1989 (the Act) by giving public notice, in the “Star Weekly of Council’s intention to enter into two leases with Werribee Football Club Limited for components of the Chirnside Park Pavilion located at 220 Watton Street, Werribee:

a.   Pavilion area lease for a term of 21 years at a commencing rent of $4,646.00 per annum plus GST with annual increases of 5% on each anniversary of the commencement date during the term.

b.   Function area lease for a term of term of 9 years with the option to terminate at year 3 and 6 with a commencing rent of $14,251.40 per annum plus GST with annually increases of 5% on each anniversary of the commencement date during the term.

2.       Receive written submissions and hear submissions on the proposal, from persons who have made a written request to be heard in person or by a party representing them as specified in their submission and in accordance with the Act, at its ordinary meeting of Council on 3 July 2018 beginning at 7:00pm to be held in the Council Chambers, 45 Princes Highway, Werribee

 

1.      Background

In accordance with the requirements of the section 16 of the Crown Land (Reserves) Act 1978, the Governor in Council by Order of 11 February 1987 notified in the Government Gazette on 18 February 1987, vested an area of 7.357 hectares being Crown Allotment 3, section 5A, Township of Werribee, Parish of Deutgam known as Chirnside Park (Crown Reserve) to Wyndham City Council.

By the same Order the Governor in Council empowered Wyndham City Council to grant leases or licences for a term not exceeding 21 years of the Crown Reserve for the purposes of the reservation. Any lease granted is subject to approval by the Governor in Council.

2.      Discussion

The principal terms of the lease are proposed as follows:

Lease 1 – Pavilion area

1.   A term of 21 years.

2.   Commencing rent of $4,646.00 per annum plus GST.

3.   Rent to be increased annually by 5% on each anniversary of the commencement date during the term.

4.   Outgoings and other charges payable by the tenant.

5.   The permitted use is administration and operations of a sports club including office, business administration, club player training (gymnasium and other), use of facilities for competition matches, and team meetings and ancillary purposes as agreed by Council.

Lease 2 – Function area

1.   A term of 9 years with the option to terminate at year 3 and 6. 

2.   Commencing rent of $14,251.40 per annum plus GST.

3.   Rent to be increased annually by 5% on each anniversary of the commencement date during the term

4.   Outgoings and other charges payable by the tenant.

5.   The permitted use is Community bookings, functions, meetings and conferences, social functions, food and beverage preparation and sales and ancillary purposes as agreed by Council.

Council must complete the statutory obligations pursuant to section 190 and 223 of the Local Government Act 1989 (the Act) including giving public notice of its intention to lease and consider any submissions received.

3.      Wyndham 2040 Vision

·    People and Community:
The People of Wyndham will be connected to each other.  Our communities will be welcoming.  We will be known for listening to and learning from the diversity of all residents.

 

4.      City Plan

1.2.4 Council will help to create a safer, more cohesive community by: effective planning, design and regulation of public spaces which encourage active transport and social inclusion opportunities; actively engaging with the community to improve perceptions of safety; and encouraging shared responsibility to prevent and address issues which impact on residents’ sense of safety and wellbeing.

5.      Financial Implications

Consistent with information provided above, a financial overview of the proposed lease is provided in table 1 below.

Table 1: Proposed lease financial overview

Lease 1 – Pavilion area

Term

21 years

Commencing rent

$4,646.00 per annum plus GST.

Rent increases

5% per annum

Outgoings

Outgoings and other charges payable by the tenant.

 

Lease 2 – Functions area

Term

9 years with the option to terminate at year 3 and 6. 

Commencing rent

$14,251.40 per annum plus GST.

Rent increases

5% per annum

Outgoings

Outgoings and other charges payable by the tenant.

6.      Social Implications

These leases will deliver Council’s objective to develop Chirnside Park as Wyndham’s premier outdoor sports event venue.  It will provide new spaces that can be used for greater community capacity building.

7.      Community Consultation

Statutory advertising in accordance with the Act will be carried out which gives members of the public the right to make a submission to Council in relation to the proposed leases and to allow Council to hear any submissions.

A public notice will be published in the “Star Weekly” on Wednesday 9 May 2018 and invite submissions until Friday 8 June 2018. The public notice will also be published on Council’s website.

8.      Communication Strategy

The Public Notice proposed to be published Council’s website and within the public notice section in the “Star Weekly”.  


Other Reports

 

Ordinary Council Meeting

Tuesday, 1 May 2018

 

File No: -

 

 

Item No: 6.5.3

Chief Executive Officer - Kelly Grigsby

 

 

 

Assembly of Councillors

 

Summary

Under section 80A of the Local Government Act 1989, a record must be kept of an Assembly of Councillors that lists the Councillors attending, the matters discussed, disclosures of conflict of interest and whether a Councillor left the meeting after making a disclosure. This record is required to be reported to an Ordinary Council Meeting for the purposes of incorporating the record in the minutes of that meeting. 

 

The Act defines an Assembly of Councillors to be a meeting at which matters are considered that are intended or likely to be the subject of a Council decision or the exercise of a delegated authority and which is a:

·    Meeting of an Advisory Committee where at least one Councillor is present.

·    Planned or scheduled meeting that includes at least half of the Councillors and at least one Council officer.

The Assembly of Councillors meetings are attached.

 

 

Attachments

1.View

Assembly of Councillors - 1 March to 24 April 2018

 

  

 

Officers’ Declaration of Interests

Under Section 80C of the Local Government Act 1989 (as amended), officers providing advice

to Council must disclose any interests, including the type of interest.

 

Chief Executive Officer - Kelly Grigsby

In providing this advice as the CEO, I have no disclosable interests in this report.

 

Manager Corporate Affairs - Emily Keogh

In providing this advice as the Manager, I have no disclosable interests in this report.

 

Council Business Officer – Tammy Williamson

In providing this advice as the Author, I have no disclosable interests in this report

 

 

RECOMMENDATION

That Council note the record of the Assembly of Councillors.

 

 


 

ATTACHMENT No: 1 - Assembly of Councillors - 1 March to 24 April 2018

 

Item No: 6.5.3

 

 

 

 

        


Notice of Motion

 

Ordinary Council Meeting

Tuesday, 1 May 2018

 

File No: 575

 

 

Item No: 7.1

Councillor Josh Gilligan

 

 

 

Notice of Motion 575 - Emerald Park Estate Tarneit

 

TAKE NOTICE that at the Council Meeting to be held on 1 May 2018, it is my intention to move the following motion:

 

1.   That Council write to the Minister for Planning and the Minister for Consumer Affairs to request that they adopt NSW laws introduced in 2015 to provide greater protection to consumers in relation to the use of sunset clauses by developers and also requests that the Minister for Consumer Affairs investigates the correspondence issued by Grassylands Pty Ltd in relation to the reasons for delayed commencement of the Emerald Park development.

2.   That Council write to Grassylands Pty Ltd and parties that have entered into contracts for purchase of land in the Emerald Park Estate in Tarneit to clarify the timeframes around Council’s planning and subdivision approvals process and to correct any other information relating to Council’s role in this process that may have been alleged.

 

RATIONALE

 

The Emerald Park Estate in Tarneit is a residential development in the Tarneit North Precinct Structure Plan with 451 proposed lots over 11 stages. It is understood that the first three stages, or up to 100 lots, are affected by the developer, Grassylands Pty Ltd, seeking to trigger sunset clause provisions in contracts of sale.

In recent months, a number of landowners who have contracted to purchase in this estate have contacted Council and myself as a Wyndham City Councillor advising that the developer has begun triggering sunset clauses in contracts of sale, that is, to revoke the purchase and refund the deposit and renegotiate a new purchase arrangement.

This legal provision leaves potential purchasers with no certainty around this major investment which has left many wanting answers.

To renegotiate a new purchase arrangement will result in a significant increase on their original purchase price due to increased land value, leaving affected purchasers significantly worse off.

Correspondence issued to purchasers has sought to blame delayed planning approvals and or issues with utility companies for the delayed commencement of the development. The Developer has also sought to blame Council’s planning process, which is incorrect. This motion seeks to reject any responsibility from Council for the actions of the developer in their decision to revoke contracts of sale in this development.

The correspondence appears to be at odds with information available to council and thus warrants a further investigation in relation to the information provided to purchasers including the veracity of the reasons for delayed commencement of the development.

The Australian Competition and Consumer Commission (ACCC) has launched an investigation into sunset clauses including potential unlawful action by developers as part of their overall review into Victoria’s consumer property laws.

Given the number of developments such as this underway or planned for our City, Council must take a proactive step in supporting homeowners in calling for stronger consumer property laws to protect the rights of those who wish to purchase land and build a home in our city.


 

That’s why calling on the Victorian Government to strengthen legislation to protect consumer property rights is essential and that’s why I put this motion to you this evening for consideration.

Josh Gilligan

Date: 1 May 2018

 

 

MOTION

 

That:

1.       Council write to the Minister for Planning and the Minister for Consumer Affairs to request that they adopt NSW laws introduced in 2015 to provide greater protection to consumers in relation to the use of sunset clauses by developers and also requests that the Minister for Consumer Affairs investigates the correspondence issued by Grassylands Pty Ltd in relation to the reasons for delayed commencement of the Emerald Park development.

2.       Council write to Grassylands Pty Ltd and parties that have entered into contracts for purchase of land in the Emerald Park Estate in Tarneit to clarify the timeframes around Council’s planning and subdivision approvals process and to correct any other information relating to Council’s role in this process that may have been alleged.

 

 

 

 

 

 

  


Council Seal

 

Ordinary Council Meeting

Tuesday, 1 May 2018

 

File No: C1943/18

 

 

Item No: 8.1

Director City Operations - Stephen Thorpe

 

 

 

Tender Award: C1943/18 - Supply of Geosynthetic Materials for Cell 5 Construction

 

Summary

This report presents the evaluation of tender submissions for Contract No. C1943/18 - Supply of Geosynthetic Materials for Construction of Cell 5 and makes a recommendation for the award of the contract.

This purchase is part of the Capital Works budget for Construction of Landfill Cell 5, which includes $2.5M in the 2017/18 Council budget (reduced from $8.7M at the Quarter 2 review).

 

Attachments

Nil

  

 

Officers’ Declaration of Interests

Under Section 80C of the Local Government Act 1989 (as amended), officers providing advice

to Council must disclose any interests, including the type of interest.

 

Director City Operations - Stephen Thorpe

In providing this advice as the Director, I have no disclosable interests in this report.

 

Manager Waste Management & Disposal - Simon Clay

In providing this advice as the Manager, I have no disclosable interests in this report.

 

Infrastructure & Construction Engineer - Bart Van Der Merwe

In providing this advice as the Author, I have no disclosable interests in this report.

Key Issues

·        Conformance with tender requirements.

·        Provision of best value for money.

·        Provision of geosynthetic materials for the construction of landfill Cell 5 in a manner that is timely, to allow all testing required to meet the Environmental Protection Agency (EPA) requirements to be performed prior to the construction of the landfill cell.

·        Risk associated with EPA works approval appeal.

 

 

RECOMMENDATION

That Council:

1.       Award Contract No. C1943/18 - Supply of Geosynthetic Materials for Construction of Cell 5 to Geofabrics Australia Pty Ltd for the sum of $1,876,238.87 (GST inclusive);

2.       Authorise the Manager Waste Management and Disposal to approve variations to the Contract No. C1943/18 - Supply of Geosynthetic Materials for Construction of Cell 5 up to the provisions for contingency for the supply of additional materials if required;

3.       Sign and seal the contract; and

4.       Advise all tenderers accordingly.

 

 

1.      Background

The current landfill Cell 4C at the Wyndham Refuse Disposal Facility (RDF) will be at full capacity around end November 2018. Cell 5 is the next planned landfill cell.

The design for Cell 5 has been completed and reviewed by an EPA accredited auditor, however construction is unlikely to commence before the end of July 2018, which is the earliest date that a VCAT decision is expected to be received in the appeal currently underway against the EPA’s decision to grant a works approval for further cell construction at the RDF. 

The cell design incorporates both a geomembrane liner (a separate contract) and a geocomposite clay liner (GCL) and associated cushion fabrics (this tender).

To minimise the risk of closure of the RDF due to airspace being exhausted prior to the next cell being constructed it is proposed to order and take delivery of all lining materials ahead of the anticipated outcome from VCAT.  This will ensure all required testing can be done before construction is scheduled to commence.

This is important to ensure there will be no delays to construction related to supply or testing of liner materials.  Sampling and testing of the GCL material once it is delivered to site is required to demonstrate the material meets EPA requirements.  This sampling and testing is estimated to take up to eight weeks.

There is a risk to council in purchasing the GCL and associated cushion fabrics if VCAT uphold the appeal against the EPA works approval and construction of Cell 5 is unable to proceed.  This is considered highly unlikely and the worst case is likely to be modifications to the conditions of the EPA works approval. In that case the construction of Cell 5 would still occur.

This opinion is based on the thoroughness of the EPA works approval application and assessment process, the strategic importance of the RDF as a site of State significance in waste disposal, and legal advice regarding the grounds of appeal and commentary by VCAT at the Practice Day hearing.

An additional consideration is the risk of extended closure of the RDF.  The RDF loses around $200,000 revenue each day that it is closed and there is significant disruption to customers. Taking all steps to minimise the anticipated eight weeks for materials testing is considered worthwhile.

The geosynthetic material purchased under Contract No. C1943/18 - Supply of Geosynthetic Materials for Construction of Cell 5 will be stored on-site and be used during the construction of the new landfill Cell 5.

Tenders were invited on Saturday 20 January 2018 and closed on Wednesday 14 February 2018.  Three tenders were received.

 The tenders were checked for arithmetical correctness and for omissions/qualifications. 

No.

Tenderers

Tendered Price
(Excl. GST)

TOTAL         (incl. GST)

1

Tender A

$ 1,983,724.65

$ 2,182,097.12

2

Tender B

$ 1,809,349.56

$ 1,990,284.52

3

Geofabrics Australia Pty Ltd

$ 1,705,671.70

$ 1,876,238.87

         

2.      Discussion

Tender Evaluation

The members of the evaluation panel were:

·    RDF Infrastructure and Construction Engineer – Waste Management and Disposal;

·    Contracts Officer - Waste Management and Disposal; and

·    Director – Council’s Design Consultants (Mackenzie Environmental)

Table 2.1 – Evaluation Criteria and Weightings

Weighting

A) QUALITATIVE CRITERIA

Weighting

OH&S System

Pass / Fail

Historical Performance – must have a proven record of supplying materials that conform to the Specification for landfill construction in Australia

Pass / Fail

Material Quality – conformance to specification.

Pass / Fail

Environmental Management System

10%

Capability - capacity to supply material at the times required by Council

25%

Quality Systems

5%

(Quality Units) Total

40%

 

 

B) QUANTITATIVE CRITERIA

 

Price

60%

The members of the evaluation panel do not have any pecuniary interest in this contract.

Tenders were rated using the criteria and weightings provided in Table 2.1.

The results of the tender evaluation process are provided in Table 2.2.

The tenderers were required to adjust the tendered quantities to include all off-cuts and overlapping required for the successful installation of the supplied materials.

The prices in Table 2.2 do not include GST. The tender submitted by Geofabrics Australia Pty Ltd is the preferred tenderer as it has the highest ranking of all submitted tenders.

Table 2.2 – Tender Evaluation Scores and Ranking

Tenderers

Qualitative Assessment

(max. 40%)

Quantitative Assessment

(max. 60%)

Total
(max.100)

Tendered Price
(Excl. GST)

RANKING

Geofabrics Australia Pty Ltd

35.3

60.0

95.3

$ 1,705,671.70

1

Tender B

34.2

56.6

90.7

$ 1,809,349.56

2

Tender A

36.3

51.6

87.9

$ 1,983,724.65

3

 

A complaint was received from a potential tenderer regarding the competitiveness of the tender, and specifically the requirement for an erosion test on the Geosynthetic Clay Liner (GCL) and the non-availability of independent laboratories for performing the specified test. The correspondence received from this proposed tenderer indicated that they also wanted to submit a nonconforming product and request an extension to the closing date.

Council responded to the complaint by advising the following:

·      No late tenders will be accepted;

·      To our knowledge other manufacturers / suppliers have not developed a satisfactory/compliant test method for the specified test other than the description provided in the specifications;

·      The specified test on the GCL was appropriate and was a requirement from the Auditor for the verification of the design documents;

·      There is at least one independent laboratory for performing specified test identified.

Council obtained legal advice regarding the grounds for this complaint. This advice indicated that Council had followed an appropriate process and that the requirement of the erosion test was a legitimate part of the specification to ensure Auditor approval.

Tender Interview

The highest ranked tenderer Geofabrics Australia Pty Ltd was interviewed and advised the following:

a)   The tendered lump sum is confirmed.

b)   Geofabrics Australia Pty Ltd can complete delivery of all materials to site within 3 weeks from award of the contract.

c)   Adequate resources will be available to satisfactorily undertake this contract.

d)   The 3 weeks delivery period is adequate.

Financial Assessment

A financial assessment was not undertaken because this is a supply and delivery project.

 

Experience

Geofabrics Australia Pty Ltd has successfully supplied geosynthetic materials for many landfill construction projects.

3.      City Plan

4.2.1  Council will strive to offer value to residents, businesses, and visitors through focusing on operational efficiency in response to changes in government legislation, while ensuring the community continues to enjoy access to high-quality services, amenities and infrastructure.

4.      Council Policy

This tender process meets the requirements of Council’s Procurement Policy.

5.      Financial Information

Note:  the tendered prices are GST inclusive.  The following is GST exclusive.

The project for/to Supply of Geosynthetic Materials for Cell 5 Construction has been incorporated into the Integrated Plan and Budget for 2017/18 as approved and adopted by Council on 27 June 2017 and amended at the Quarter 2 review.

 

Available funding (excl. GST)

 

W 8018 (Construction of Cell 5)

$ 2,500,000.00

TOTAL

$ 2,500,000.00

 

 

Anticipated expenditure (excl. GST)

 

Contract – Geofabrics Australia Pty Ltd

$ 1,705,671.70

Contingency (10%)

$ 170,567.17

TOTAL

$ 1,876,238.87

6.      Social Implications

The construction of new landfill cells, such as this landfill Cell 5, is necessary for the RDF’s continued operability & profitability. The RDF provides an essential waste disposal service to the Wyndham community, ratepayers and broader community of Melbourne. Revenue from the RDF also provides funding to council's capital works program.

7.      Environmental Implications

The construction of the landfill cell 5 and the geosynthetic material purchased under this Contract No. C1943/18 - Supply of Geosynthetic Materials for Construction of Cell 5 will be strictly in accordance with Environmental Protection Authority (EPA) licence conditions and the environmental protection measures encompassed within these conditions such as the protection of groundwater and reducing Greenhouse Gas emissions.

8.      Economic/Employment Considerations

Construction of the new landfill cell 5 is essential for the continued operations of the RDF. The RDF provides essential revenue to Council and directly employs over 20 staff.

9.      Options

Council does not have the resources and/or expertise in house to perform the tasks required under this contract.  The tender evaluation panel considers that the tender process used in the procurement of this contract and the tender evaluation process used to evaluate the tenders received has resulted in a best value outcome for Council.

10.    Community Consultation

No community consultation has been undertaken directly in relation to the purchase of the GCL and associated cushion fabric materials for the construction of the new landfill cell 5 at the RDF.

The works approval application to continue to use the RDF for landfilling purposes included consultation with the community including a number of formal community consultation sessions. 

The design of Cell 5, including the use of geosynthetic clay and geomembrane liners was communicated as part of this consultation process.

11.    Communication Strategy

Council’s decision in relation to the award of this tender will be conveyed to all tenderers. 

12.    Project Timeframe

Date of award of contract........................ May 2018.

Contract start date................................... May 2018.

Works completion date............................ July 2018.


Council Seal

 

Ordinary Council Meeting

Tuesday, 1 May 2018

 

File No: C1946/18

 

 

Item No: 8.2

Director City Operations - Stephen Thorpe

 

 

 

Tender Award: C1946/18 - Supply of Geomembrane Materials for Cell 5 Construction

 

Summary

This report presents the evaluation of tender submissions for Contract No. C1946/18 - Supply of Geomembrane Materials for Construction of Cell 5 and makes a recommendation for the award of the contract.

This purchase is part of the Capital Works budget for Construction of Landfill Cell 5, which includes $2.5M in the 2017/2018 Council budget (reduced from $8.7M at the Quarter 2 review).

 

Attachments

Nil

  

 

Officers’ Declaration of Interests

Under Section 80C of the Local Government Act 1989 (as amended), officers providing advice

to Council must disclose any interests, including the type of interest.

 

Director City Operations - Stephen Thorpe

In providing this advice as the Director, I have no disclosable interests in this report.

 

Manager Waste Management & Disposal - Simon Clay

In providing this advice as the Manager, I have no disclosable interests in this report.

 

Infrastructure & Construction Engineer - Bart Van Der Merwe

In providing this advice as the Author, I have no disclosable interests in this report.

Key Issues

·        Conformance with tender requirements.

·        Provision of best value for money.

·        Provision of geomembrane materials for the construction of landfill Cell 5 in a manner that is timely, to allow all testing required by the Environmental Protection Agency (EPA) to be performed prior to the construction of the landfill cell.

·        Risk associated with EPA works approval appeal.

 

RECOMMENDATION

That Council:

1.       Award Contract No. C1946/18 - Supply of Geomembrane Materials for Construction of Cell 5 to Jaylon Pacific Pty Ltd for the sum of $919,585.36 (GST inclusive);

2.       Authorise the Manager Waste Management and Disposal to approve variations to the Contract No. C1946/18 - Supply of Geomembrane Materials for Construction of Cell 5 up to the provisions for contingency for the supply of additional materials if required;

3.       Sign and seal the contract; and

4.       Advise all tenderers accordingly.

 

 

1.      Background

The current landfill Cell 4C at the Wyndham Refuse Disposal Facility (RDF) will be at full capacity around end November 2018. Cell 5 is the next planned landfill cell.

The design for Cell 5 has been completed and reviewed by an EPA accredited auditor, however construction is unlikely to commence before the end of July 2018, which is the earliest date that a VCAT decision is expected to be received in the appeal currently underway against the EPA’s decision to grant a works approval for further cell construction at the RDF. 

The cell design incorporates both a geomembrane liner (this tender) and a geocomposite clay liner (GCL) and associated cushion fabrics (a separate contract).

To minimise the risk of closure of the RDF due to airspace being exhausted prior to the next cell being constructed it is proposed to order and take delivery of all lining materials ahead of the anticipated outcome from VCAT.  This will ensure all required testing can be done before construction is scheduled to commence.

This is important to ensure there will be no delays to construction related to supply or testing of liner materials.  Sampling and testing of the geomembrane liner once it is delivered to site is required to demonstrate it meets EPA requirements.  This sampling and testing is estimated to take up to eight weeks.

There is a risk to council in purchasing the GCL and associated cushion fabrics if VCAT uphold the appeal against the EPA works approval and construction of Cell 5 is unable to proceed.  This is considered highly unlikely and the worst case is likely to be modifications to the conditions of the EPA works approval. In that case the construction of Cell 5 would still occur.

This opinion is based on the thoroughness of the EPA works approval application and assessment process, the strategic importance of the RDF as a site of State significance in waste disposal, and legal advice regarding the grounds of appeal and commentary by VCAT at the Practice Day hearing.

An additional consideration is the risk of extended closure of the RDF.  The RDF loses around $200,000 revenue each day that it is closed and there is significant disruption to customers. Taking all steps to minimise the anticipated eight weeks for materials testing is considered worthwhile.

The geomembrane material purchased under Contract No. C1946/18 - Supply of Geomembrane Materials for Construction of Cell 5 will be stored on-site and be used during the construction of the new landfill Cell 5.

Tenders were invited on Saturday 20 January 2018 and closed on Wednesday 14 February 2018.  Three tenders were received.

 The tenders were checked for arithmetical correctness and for omissions/qualifications. 

No.

Tenderers

Tendered Price
(Excl. GST)

TOTAL         (Incl. GST)

1

Tender B

$ 921,332.40

$ 1,013,465.64

2

Tender C

$ 901,561.60

$ 991,717.76

3

Jaylon Pacific Pty Ltd

$ 835,986.69

$ 919,585.36

4

Tender D

$ 890,797.60

$ 979,877.36

         

2.      Discussion

Tender Evaluation

The members of the evaluation panel are:

 

·    RDF Infrastructure and Construction Engineer – Waste Management and Disposal;

·    Contracts Officer - Waste Management and Disposal; and

Table 2.1 – Evaluation Criteria and Weightings

Weighting

A) QUALITATIVE CRITERIA

Weighting

OH&S System

Pass / Fail

Historical Performance – must have a proven record of supplying materials that conform to the Specification for landfill construction in Australia

Pass / Fail

Material Quality – conformance to specification.

Pass / Fail

Environmental Management System

10%

Capability - capacity to supply material at the times required by Council

25%

Quality Systems

5%

(Quality Units) Total

40%

 

 

B) QUANTITATIVE CRITERIA

 

Price

60%

·    Director – Council’s Design Consultants

The members of the evaluation panel do not have any pecuniary interest in this contract.

Tenders were rated using the criteria and weightings provided in Table 2.1.

The results of the tender evaluation process are provided in Table 2.2. The prices in Table 2.2 do not include GST. The tender submitted by Jaylon Pacific Pty Ltd is the preferred tenderer as it has the highest ranking of all submitted tenders.

Table 2.2 – Tender Evaluation Scores and Ranking

Tenderers

Qualitative Assessment

(max. 40%)

Quantitative Assessment

(max. 60%)

Total
(max.100)

Tendered Price
(Excl. GST)

RANKING

Jaylon Pacific Pty Ltd

31.8

60.0

91.8

$ 835,986.69

1

Tender D

34.3

56.3

90.6

$ 890,797.60

2

Tender C

35.0

55.6

90.6

$ 901,561.60

3

Tender B

35.5

54.4

89.9

$ 921,332.40

4

 

Tender Interview

The tenderers where required to adjust the tendered quantities to include all off-cuts and lapping required for the successful installation of the supplied materials.

Jaylon Pacific and Tenderer D adjusted their quantities as requested. Tenderer C included a cover letter indicating adjusted quantities and Tenderer B did not adjust their quantities. Tenderer B and Tenderer C was requested to adjust their quantities and tender prices.

Upon request, the Consultants calculated the required quantities to complete the construction of Cell 5. These calculated quantities were used to confirm the final tender prices.

The highest ranked tenderer Jaylon Pacific Pty Ltd was interviewed and advised the following:

a)   The tendered lump sum is confirmed.

b)   Jaylon Pacific Pty Ltd can complete delivery of all materials to site within 6 - 9 weeks from award of the contract.

c)   Adequate resources will be available to satisfactorily undertake this contract.

d)   The 9 weeks delivery period is adequate.

Financial Assessment

A financial assessment was not undertaken because this is a supply and delivery project.

Experience

Jaylon Pacific Pty Ltd has completed many projects in and around the Wyndham municipality area. They have supplied geomembrane material for various landfill cell construction projects.

3.      City Plan

4.2.1  Council will strive to offer value to residents, businesses, and visitors through focusing on operational efficiency in response to changes in government legislation, while ensuring the community continues to enjoy access to high-quality services, amenities and infrastructure.

4.      Council Policy

This tender process meets the requirements of Council’s Procurement Policy.

5.       Financial Information

Note:  the tendered prices are GST inclusive.  The following is GST exclusive.

The project for/to Supply of Geosynthetic Materials for Cell 5 Construction has been incorporated into the Integrated Plan and Budget for 2017-18 as approved and adopted by Council on 27 June 2017 and amended at the Quarter 2 review.

Available funding (excl. GST)

 

W 8018 (Construction of Cell 5)

$ 2,500,000.00

TOTAL

$ 2,500,000.00

 

 

Anticipated expenditure (excl. GST)

 

Contract – Jaylon Pacific Pty Ltd

$ 835,986.69

Contingency (10%)

$ 83,598.67

TOTAL

$ 919,585.36

6.      Social Implications

The construction of new landfill cells, such as this landfill Cell 5, is necessary for the RDF’s continued operability & profitability. The RDF provides an essential waste disposal service to the Wyndham community, ratepayers and broader community of Melbourne. Revenue from the RDF also provides funding to council's capital works program.

7.      Environmental Implications

The construction of the landfill cell 5 and the geosynthetic material purchased under this Contract No. C1943/18 - Supply of Geosynthetic Materials for Construction of Cell 5 will be strictly in accordance with Environmental Protection Authority (EPA) licence conditions and the environmental protection measures encompassed within these conditions such as the protection of groundwater and reducing Greenhouse Gas emissions.

8.      Economic/Employment Considerations

Construction of the new landfill cell 5 is essential for the continued operations of the RDF. The RDF provides essential revenue to Council and directly employs over 20 staff.

9.      Options

Council does not have the resources and/or expertise in house to perform the tasks required under this contract.  The tender evaluation panel considers that the tender process used in the procurement of this contract and the tender evaluation process used to evaluate the tenders received has resulted in a best value outcome for Council.

10.    Community Consultation

No community consultation has been undertaken directly in relation to the purchase of the GCL and associated cushion fabric materials for the construction of the new landfill cell 5 at the RDF.

The works approval application to continue to use the RDF for landfilling purposes included consultation with the community including a number of formal community consultation sessions. 

The design of Cell 5, including the use of geosynthetic clay and geomembrane liners was communicated as part of this consultation process.

11.    Communication Strategy

Council’s decision in relation to the award of this tender will be conveyed to all tenderers. 

12.    Project Timeframe

Date of award of contract........................ May 2018.

Contract start date................................... May 2018.

Works completion date............................ June 2018.

 

 


Council Seal

 

Ordinary Council Meeting

Tuesday, 1 May 2018

 

File No: C1932/18

 

 

Item No: 8.3

Director City Operations - Stephen Thorpe

 

 

 

Tender Award: C1932/18 - Construction of Landfill Cell 5

 

Summary

This report presents the evaluation of tender submissions for Contract: C1932/18 – Construction of Landfill Cell 5 and makes a recommendation for the award of the contract.

The project involves the construction of Landfill Cell 5 and ancillary works at the Refuse Disposal Facility (RDF), Wests Rd Werribee.

This purchase is part of the Capital Works budget for Construction of Landfill Cell 5, which is included in the draft 2018/19 Council budget.

 

Attachments

Nil

  

 

Officers’ Declaration of Interests

Under Section 80C of the Local Government Act 1989 (as amended), officers providing advice

to Council must disclose any interests, including the type of interest.

 

Director City Operations - Stephen Thorpe

In providing this advice as the Director, I have no disclosable interests in this report.

 

Manager Waste Management & Disposal - Simon Clay

In providing this advice as the Manager, I have no disclosable interests in this report.

 

Infrastructure & Construction Engineer - Bart Van Der Merwe

In providing this advice as the Author, I have no disclosable interests in this report.

Key Issues

·    Conformance with tender requirements.

·    Provision of best value for money.

·    The construction project is in stages to enable early completion of Stage 1.

·    Risk associated with Environment Protection Authority (EPA) works approval appeal.

 

RECOMMENDATION

That Council:

1.       Award contract C1932/18 – Construction of Landfill Cell 5 to DDTLA Pty Ltd, Trading as Teneo ACN: 607 919 808 for the sum of $8,609,356.66 (GST inclusive).

2.       Authorise the Manager of Waste Management and Disposal to approve variations and contingencies to contract C1932/18 – Construction of Landfill Cell 5 up to the sum of the contingency provisions in accordance with the Financial Information section in this report.

3.       Sign and seal the contract.

4.       Advise all tenderers accordingly.

 

 

1.      Background

The current landfill Cell 4C at the Wyndham Refuse Disposal Facility (RDF) will be at full capacity around end November 2018.  Cell 5 is the next planned landfill cell.

The design for Cell 5 has been completed and reviewed by an EPA accredited auditor, however construction is unlikely to commence before the end of July 2018, which is the earliest date that a VCAT decision is expected to be received in the appeal currently underway against the EPA’s decision to grant a works approval for further cell construction at the RDF.

There is a risk to council in letting the contract for construction of Cell 5 if VCAT uphold the appeal against the EPA works approval and construction is unable to proceed.  This is considered highly unlikely and the worst case is likely to be modifications to the conditions of the EPA works approval.  In that case the construction of Cell 5 would still occur.

This opinion is based on the thoroughness of the EPA works approval application and assessment process, the strategic importance of the RDF as a site of State significance in waste disposal, and legal advice regarding the grounds of appeal and commentary by VCAT at the Practice Day hearing.

An additional consideration is the risk of extended closure of the RDF. The RDF loses around $200,000 revenue each day that it is closed and there is significant disruption to customers.

Tenders were invited on 10/02/2018 and closed on 28/03/2018Six tenders were received as are listed below.  The tenders were checked for arithmetical correctness and for omissions/qualifications. 

 

No.

Tenderers

Tendered Price
(Excl. GST)

TOTAL (incl. GST)

1

DDTLA Pty Ltd, Trading as Teneo

$ 7,826,687.87

$ 8,609,356.66

2

Tender B

$ 5,591,036.80

$ 6,150,140.48

3

Tender C

$ 7,609,888.12

$ 8,370,876.93

4

Tender D

$ 13,480,371.50

$ 14,828,408.65

5

Tender E

$ 6,308,277.75

$ 6,939,105.53

6

Tender F

$ 4,354,637.79

$ 4,790,101.57

         

2.      Discussion

Tender Evaluation

The members of the evaluation panel are:

Manager – Waste Management and Disposal

Director – Civil Design Consultants (Mackenzie Environmental)

Engineer – Waste Management and Disposal

Partner – Procurement

The members of the evaluation panel do not have any pecuniary interest in this contract.

Tenders were rated using the following criteria and weightings:

 

Weighting

A.  CRITERIA

 

OH&S system

Pass/Fail

Compulsory Pre-Tender Site Meeting

Pass/Fail

Quality Systems – QA system third party certified to an Australian Standard required

Pass/Fail

Demonstrated ability to meet Council’s objectives – through a substantively conforming tender or a non-conforming proposal which is acceptable to Council

Pass/Fail

Methodology proposed for the construction

·    Methodology and procedures

·    Appropriate resources

10%

Construction program – and timeliness satisfactory to Council Tender should include within the Construction Program the total number of working days for construction. (refer to Tender Documents Part 2 – Tender Schedule 5)

 

Council has estimated the total project duration as 65 weeks. Stage 1 has a nominated duration of 20 weeks.

30%

Experience and Capability

·    Years of relevant experience

·    List of works of similar type

·    Technical skills

·    Management skills

·    Experience and capability of nominated subcontractors and history or previous collaboration

·    Financial capacity to carry out the works

20%

Environmental Management System

·    Certifications, Systems and Documentation in place;

·    Previous Performance; and

·    Proposals for these works.

10%

(Quality units) Total

70%

B.  QUANTITATIVE CRITERIA

 

Project Cost

30%

 

The tender submitted by DDTLA Pty Ltd, Trading as Teneo is the preferred tenderer as it has the highest ranking of all submitted tenders.

 

Tenderers

Criteria

(max. 70)

Quantitative Criteria

(max. 30)

Total
(max.100)

Tendered Price
(Incl. GST)

RANKING

DDTLA Pty Ltd, Trading as Teneo

65.0

16.7

81.7

$ 8,609,356.66

1

Tender B

49.3

23.4

72.7

$ 6,150,140.48

2

Tender E

44.3

20.7

65.0

$ 6,939,105.53

3

Tender C

41.7

17.2

58.8

$ 8,370,876.93

4

Tender F

24.7

30.0

54.7

$ 4,790,101.57

5

Tender D

17.3

9.7

27.0

$ 14,828,408.65

6

 

The tender from DDTLA Pty Ltd was the only tender that complied with Council’s specification of a maximum 20 week construction timeframe for Stage 1. 

This is to allow Stage 1 to be constructed and approved for waste disposal in a timeframe that minimises the period the RDF closes due to lack of airspace. 

DDTLA Pty Ltd proposed a 15 week construction period, whereas the next best tenderer was Tender B with a 23 week construction period for Stage 1. 

In the event the RDF closed due to the lack of air space the additional 8 weeks in the construction period between DDTLA Pty Ltd and Tender B would represent a forgone revenue of approximately $8 million.

Tender Interview

The highest ranked tenderer DDTLA Pty Ltd, Trading as Teneo was interviewed and advised the following:

a)   The tendered lump sum is confirmed.

b)   It can commence works in two weeks from award of the contract.

c)   Adequate resources will be available to satisfactorily undertake this contract.

d)   The 15 weeks construction period for Stage 1 was confirmed.

e)   The 28 weeks construction period for Stage 2 was confirmed.

f)    It could accelerate the construction program by several weeks by extending construction to include a night shift operation.  This could reduce the construction period for Stage 1 by 3 to 4 weeks, thereby minimising further the possibility of the RDF closing due to lack of airspace.  Council has requested confirmation from DDTLE Pty Ltd on the cost estimate and time reduction from any accelerated construction for Stage 1.

 

Financial Assessment

A financial assessment was undertaken on DDTLA Pty Ltd, Trading as Teneo and returned a satisfactory result.

Experience

Teneo has satisfactorily completed a number of large landfill cell construction projects including Albury Landfill, Ballarat Regional Landfill, Hyland Highway Landfill Capping and Horsham Landfill.

Referees for two of the above-mentioned projects were contacted, feedback from them was positive with Teneo being noted as very professional and highly competent.

3.      City Plan

3.2.5  Council will support sound growth and cohesiveness as a sustainable city by modernising our physical, environmental and cultural infrastructure, and fostering knowledge through integrated learning spaces.

4.      Council Policy

Council policy on tendering as applicable to this contract has been complied with.

5.       Financial Information

Note:  the tendered prices are GST inclusive.  The following is GST exclusive.

The project for Construction of Landfill Cell 5 has been incorporated into the draft Integrated Plan and Budget for 2018/19 ($7.26M) and the Long Term Financial Plan for 2019/20 ($5M).

 

Available funding (Excl. GST)

 

W 8018 – (Construction of Cell 5)

$ 7,260,000.00

TOTAL

$ 7,260,000.00

 

 

Anticipated expenditure (Excl. GST)

 

Contract – DDTLA Pty Ltd, Trading as Teneo

$ 7,826,687.87

Contingency (10%)

$ 782,668.79

TOTAL

$ 8,609,356.66

6.      Environmental Implications

The construction of landfill Cell 5 is necessary for the RDF’s continued operability and profitability.  The RDF provides an essential waste disposal service to the Wyndham community, ratepayers and broader community of Melbourne.  Revenue from the RDF also provides funding to Council’s capital works program.

The construction of the landfill Cell 5 will be strictly in accordance with Environmental Protection Authority (EPA) licence conditions and the environmental protection measures encompassed within these conditions such as the protection of groundwater and reducing Greenhouse Gas emissions.

7.      Economic/Employment Considerations

Construction of the new landfill Cell 5 is essential for the continued operations of the RDF.  The RDF provides essential revenue to Council and directly employs over 20 staff.

8.      Options

Council does not have the resources and/or expertise in house to perform the tasks required under this contract.  The tender evaluation panel considers that the tender process used in the procurement of this contract and the tender evaluation process used to evaluate the tenders received has resulted in a best value outcome for Council.

9.      Community Consultation

No community consultation has been undertaken directly in relation to the tender for the construction of Cell 5.

The works approval application to continue to use the RDF for landfilling purposes included consultation with the community including a number of formal community consultation sessions.

The design of Cell 5 was communicated as part of this consultation process.

10.    Communication Strategy

Council’s decision in relation to the award of this tender will be conveyed to all tenderers. 

11.    Project Timeframe

Date of award of contract........................ May 2018.

Contract start date................................... June 2018.

Works completion date............................ May 2019.

Contract end date ................................... June 2019.


Council Seal

 

Ordinary Council Meeting

Tuesday, 1 May 2018

 

File No: 0

 

 

Item No: 8.4

Chief Financial Officer - Binda Gokhale

 

 

 

External Borrowings - LGFV Bond Issuance

 

Summary

Council’s 2017/18 budget provides for additional borrowings of $15 million, to fund Councils capital works including projects identified within the Wyndham West Development Contribution Plan. 

It is proposed that Council undertake these borrowings by participating in a 10yr fixed interest bond to be issued through The Local Government Funding Vehicle (LGFV). 

LGFV is a public sector pooled financing program that was established to enable Victorian Councils to access debt capital markets in a cost effective manner by aggregating their borrowings requirements.  Wyndham City has participated in the previous two bond issues and borrowed $40 million in November 2014 (maturing 2021) and $15 million in June 2016 (maturing 2026).

The proposed borrowing of $15 million in 2017/18 is consistent with Council’s established principal of inter-generation equity, and long term finance to match the long term nature of council assets. 

This report seeks Council’s endorsement to:

·    Execute the key LGFV documents (council loan agreement and council security deed) under the Council common seal to borrow $15 million in additional funds.

 

Attachments

Nil

  

 

Officers’ Declaration of Interests

Under Section 80C of the Local Government Act 1989 (as amended), officers providing advice

to Council must disclose any interests, including the type of interest.

 

Chief Financial Officer - Binda Gokhale

In providing this advice as the Chief Financial Officer, I have no disclosable interests in this report.

 

Financial Controller - Johnny Marinis

In providing this advice as the Manager, I have no disclosable interests in this report.

 

Coordinator Accounting & Reporting - Chen Wei

In providing this advice as the Author, I have no disclosable interests in this report.

Key Issues

·    Providing funding capacity for capital works including projects within the Wyndham West Development Contribution Plan.

·    Participation in the LGFV bond issuance program which provides an alternative source of funding for Council borrowing requirements to bank loans.


 

RECOMMENDATION

 

That Council:

1.       Approve to participate in the LGFV bond issuance in the second quarter 2018 for an amount of $15 million.

2.       Approve the use of the Council common seal for the execution of the 2018 LGFV documents.

3.       Provide a delegation to the CEO to execute future LGFV documentation under the Council common seal subject to the corresponding future borrowings being approved by Council as part of the annual budgeting process and subsequent briefings.

 

 

1.      Background

The Local Government Funding Vehicle (“LGFV”) is public sector pooled financing program that was established to enable Victorian Councils to access debt capital markets funding by aggregating their borrowings. It allows Councils to diversify their funding sources, provides access to wholesale debt market interest cost savings and is considered a best practice debt procurement model.

Following the success of the issuances in November 2014 and June 2016 totaling $340m with 33 Councils participating, the LGFV is seeking to undertake a further bond issuance on behalf of participating Councils in the second quarter of 2018. The key benefits of the LGFV for Councils include significant savings, diversification of funding source, low cost, transparency and best practice borrowing.

The key benefits of the LGFV to the Victorian Council sector include:

·    Interest Savings: interest savings are achievable by providing access to wholesale pricing. 

·    Diversification: the LGFV provides an alternative source of debt which reduces funding risk for Councils. 

·    Simple borrowing process: the LGFV loans mirror existing bank debt terms and there are minimal operational impediments for Councils with the documentation framework in place for future issuances. 

·    Transparency: the bond book building and allocation process is a wholesale market tender which ensures that the best market price is achieved.

·    Best practice: debt funding via the wholesale debt markets is a well-established model used by governments and major corporates.

2.      Discussion

LGFV loan terms

This bond issue will be on a 10 year basis with a fixed interest rate and repayment of interest only over the term of the loan.

3.      City Plan

4.2.3  Council will strengthen its operational efficiency and sustainability by identifying and embracing new, more efficient ways to work with partners from the public and private sector, and by regularly applying rigorous evaluation of our systems, investments, expenditure, infrastructure needs, service delivery, technology use, resource application, and staff development, empowerment and flexibility.

4.      Financial Implications

The additional borrowing of $15 million will bring our total borrowing to $70 million as at 30 June 2018.  The average interest rate for the current borrowing of $55 million is 4.31%. 

5.      Community Consultation

The additional borrowing of $15 million was included in the 2017/18 council budget, which has gone through the community consultation process. 

Council’s Annual Report for 2017/18 will also detail amount and term of the borrowings undertaken.   


Councillor Delegates Reports

 

Ordinary Council Meeting

Tuesday, 1 May 2018

 

File No: 00

 

 

Item No: 11.1

Chief Executive Officer - Kelly Grigsby

 

 

 

Councillors Delegates Reports

 

Summary

Council has twelve Portfolio Committees each chaired by a Councillor Portfolio Holder.

In line with requirements of Clause 7 of Council’s Meeting Procedure Protocol 2013, Councillors delegated as representatives on these Portfolio Committees may table or verbally present these Delegates Reports.

At the Statutory Council Meeting on 22 November 2017, it was resolved that Councillors be elected to their Portfolio Committees for the 2017/2018 Council term.

PORTFOLIO COMMITTEES

COUNCILLOR PORTFOLIO HOLDER

1.   Safer Communities

Cr Kim McAliney

2.   Cultural Diversity

Cr Henry Barlow

3.   Family Friendly City

Cr Mia Shaw

4.   Future Focused Economy

Cr Walter Villagonzalo

5.   Learning City

Cr Josh Gilligan

6.   Environment and Sustainability

Cr Heather Marcus

7.   Smart City

Cr Aaron An

8.   Tourism & Major Events

Cr John Gibbons

9.   Sports Development

Cr Peter Maynard

10. Arts, Culture & Heritage

Cr Tony Hooper

11. Urban Futures

Cr Intaj Khan

12. Growth & Transport

Cr Peter Maynard (Mayor)

 

 

Councillors may also present Delegates Reports from any other delegated internal and external organisation or advisory body. The Wyndham Audit and Risk Management Committee Meeting was held on 7 March 2018.  At the meeting, it was agreed that a Delegates Report would be submitted to the next available Council Meeting.

 

Attachments

1.View

Delegates Report - Urban Futures Porftolio Committee Meeting - 8 March 2018

2.View

Delegates Report - Cultural Diversity Portfolio Committee Meeting - 14 March 2018

3.View

Delegates Report - Smart City Portfolio Committee Meeting - 15 March 2018

4.View

Delegates Report - Arts, Culture & Heritage Portfolio Commitee Meeting - 19 March 2018

5.View

Delegates Report - Audit and Risk Management Committee - 7 March 2018

 

  

 


 

Officers’ Declaration of Interests

Under Section 80C of the Local Government Act 1989 (as amended), officers providing advice

to Council must disclose any interests, including the type of interest.

 

Chief Executive Officer - Kelly Grigsby

In providing this advice as the CEO, I have no disclosable interests in this report.

 

Manager Corporate Affairs - Emily Keogh

In providing this advice as the Manager, I have no disclosable interests in this report.

 

Council Business Officer - Tammy Williamson

In providing this advice as the Author, I have no disclosable interests in this report.

Key Issues

·        Council has appointed Councillor Delegates on a range of important internal and external organisations and advisory bodies to progress the interests of Council, the community and improve networks and connections with key community stakeholder groups relevant to their policy area.

·        There are 12 Portfolio Committees chaired by a Councillor Portfolio Holder.

·        All Victorian Councils are required to establish audit committees under section 139 of the Local Government Act 1989.  The Audit & Risk Management Committee is an advisory committee that plays a key role to assist council to fulfil its assurance and compliance responsibilities.  The Committee’s primary objectives are to:

·    Enhance the credibility and objectivity of financial reporting;

·    Support the identification and management of financial and material business risks;

·    Monitor compliance with laws and regulations;

·    Monitor Council’s internal controls; and

·    Provide assurance and advice to Council.

·        The Committee meets at least quarterly with additional meetings being scheduled at the discretion of the Chair or the Council as the need arises.

·        As agreed at its meeting on 6 December 2017, a Councillor Delegates Report for the Audit and Risk Committee is at attachment 5.

·        Clause 7 of Council’s Meeting Procedures Protocol 2013 guides how important updates are reported at the Council Meeting via Delegates Reports on the Agenda.

·        Council may receive and note these Delegates Reports, or seek to defer some or all of them for consideration at a future meeting.

 

RECOMMENDATION:

That Council:

1.   Receive and note the Delegate Reports as tabled.

2.   Include this Delegate Report in the Minutes of the Meeting.

 

 


 

ATTACHMENT No: 1 - Delegates Report - Urban Futures Porftolio Committee Meeting - 8 March 2018

 

Item No: 11.1

 


 

ATTACHMENT No: 2 - Delegates Report - Cultural Diversity Portfolio Committee Meeting - 14 March 2018

 

Item No: 11.1

 


 


 

ATTACHMENT No: 3 - Delegates Report - Smart City Portfolio Committee Meeting - 15 March 2018

 

Item No: 11.1

 


 


 

ATTACHMENT No: 4 - Delegates Report - Arts, Culture & Heritage Portfolio Commitee Meeting - 19 March 2018

 

Item No: 11.1

 


 


 

ATTACHMENT No: 5 - Delegates Report - Audit and Risk Management Committee - 7 March 2018

 

Item No: 11.1