Meeting of Council
Minutes
Tuesday 30 November 2021
At 7.00pm
Council Chamber
Functions Centre
45 Princes Highway
Werribee
Meeting of Council
Minutes
Tuesday 30 November 2021
At 7.00pm
Council Chamber
Functions Centre
45 Princes Highway
Werribee
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MINUTES
Meeting of Council HELD AT THE COUNCIL CHAMBERS, CIVIC CENTRE, 45 PRINCES HIGHWAY, WERRIBEE ON Tuesday 30 November 2021 |
The meeting commenced at 7.00 pm.
PRESENT: Cr Jennie Barrera
Cr Josh Gilligan
Cr Adele Hegedich
Cr Jasmine Hill
Cr Marcel Mahfoud (virtual)
Cr Heather Marcus
Cr Peter Maynard
Cr Susan McIntyre
Cr Sahana Ramesh
Cr Mia Shaw
Cr Robert Szatkowski
IN ATTENDANCE: Stephen Wall Chief Executive Officer
Ludo Campbell-Reid Director City Design & Liveability
Allison Kenwood Director City Life
Stephen Thorpe Director City Operations
Natalie Walker Head of Strategy & Policy Impact
Binda Gokhale Chief Financial Officer
Emily Keogh Executive Manager Corporate Affairs
Jenny Wood Coordinator Governance
Martina Simkin A/Governance Policy & Projects Advisor
Tammy Williamson Executive Assistant to Chief Executive Officer
1. OPENING PRAYER & WELCOME
The Mayor, Cr Peter Maynard, welcomed all in attendance to the meeting.
2. APOLOGIES & REQUESTS FOR LEAVE
Nil.
3. DECLARATION BY COUNCILLORS OF DISCLOSURE OF CONFLICT OF INTEREST/CONFLICTING PERSONAL INTEREST IN ANY ITEM OF THE AGENDA
Cr Mia Shaw declared a general interest (private) in accordance with s127(2) in Item 6.5.6 Proposal for New Lease – Werribee Football Club – Non-Retail Lease Inclusion of Athlete’s Performance Hub.
4. CONFIRMATION OF MINUTES OF PREVIOUS MEETING
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Cr Robert Szatkowski / Susan McIntyre
That the minutes of the Council Meeting held on Wednesday, 26 October 2021, as prepared and circulated, be confirmed.
(CARRIED) |
5. Deputations and Presentations
Werribee River Association 40th Anniversary
Council wishes to acknowledge the Werribee River Association’s 40 Year Anniversary – which represents four decades of local volunteers working tirelessly to protect one of the City’s greatest natural assets. The Association was established in 1981 by a group of community members who were concerned about the degradation of the Werribee River. Over the years the Association has not only taken a hands-on approach to conserving the Werribee River catchment, but also advocates to all levels of Government whilst developing and contributing to key strategies that act to preserve the Werribee River.
Congratulations to the newly elected Board and Chairperson, Kathryn Williams and all past board members who have made such an outstanding contribution to our City through their work with the Werribee River Association.
6. OFFICERS’ REPORTS
6.1 Petitions
6.1.1 Response to Petition 06-21 - Construction of Footpath on North Gateway 4
6.2 Strategic Reports
6.2.1 Road Management Plan 2021 11
6.3 Policy/Advocacy
6.3.1 Invest in Opportunity - Federal Election Priorities 60
6.4 Strategic & Town Planning
Nil.
6.5 Other Reports
6.5.1 Quarterly Community Report: Quarter 1 2021-22 76
6.5.2 Financial Management Report - Quarter 1 - 2021/2022 119
6.5.3 Response to Notice of Motion 607: Improving Library
services in Wyndham 138
6.5.4 Naming of New Community Centres in Truganina South East and Tarneit North 175
6.5.5 Wyndham Accessibility Action Plan Year 2 Progress Report 181
6.5.6 Proposal for new lease - Werribee Football Club - Non-retail lease inclusion of Athlete's Performance Hub 189
6.5.7 Proposal to lease four (4) Council owned sites to early years partners for the delivery of kindergarten services 196
6.5.8 Biannual Report of the Audit & Risk Committee 207
6.5.9 Councillor Appointments to Committees 226
7. Notices of Motion
7.1 Notice of Motion 613 - Wyndham Flower Festival 240
7.2 Notice of Motion 614 - Advocacy for Wyndham Road Network Priorities 242
8. Council Seal
8.1 Awarding of Contract - N400175 - Landfill Cell 4 Final Cap Construction 245
8.2 Resubmission of revised Instrument of Delegation from Council to Staff 250
9. QUESTIONS WITH NOTICE FROM PUBLIC GALLERY
Nil.
10. OTHER REPORTS
10.1 INTERNAL ARBITRATION DECISION 446
11. URGENT BUSINESS
12. CONFIDENTIAL BUSINESS
13. CLOSE OF MEETING
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Petitions |
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Council Meeting Tuesday, 30 November 2021 |
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File No:
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Item No: 6.1.1 Director City Design & Liveability - Ludo Campbell-Reid |
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Response to Petition 06-21 - Construction of Footpath on North Gateway |
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Summary
On 18 October 2021, Council received a petition addressed to Wyndham City Council. The petition requested Wyndham City Council to reconsider the proposal to install a footpath on the west side of North Gateway, Wyndham Vale.
The petition was referred to Council’s City Transport Department to investigate. This report provides an update regarding this investigation.
Attachments
Nil
Officers’ Declaration of Interests
Under Section 130 of the Local Government Act 2020, officers providing advice to Council must disclose any interests, including the type of interest.
Director City Design & Liveability - Ludo Campbell-Reid
In providing this advice as the Director, 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
· Proposal to install a footpath on the west side of North Gateway, Wyndham Vale.
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RECOMMENDATION
That Council: 1. Notes the findings in this report. 2. Request the CEO to support the construction of a footpath on the west side of North Gateway. 3. Request the CEO to investigate whether it is warranted to install speed treatment(s) on/along North Gateway. 4. Notify the lead petitioner accordingly.
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CRS Mia Shaw / Heather Marcus
That Council: 1. Notes the findings in this report. 2. Request the CEO to support the construction of a footpath on the west side of North Gateway. 3. Request the CEO to investigate whether it is warranted to install speed treatment(s) on/along North Gateway. 4. Notify the lead petitioner accordingly.
(CARRIED) |
1. Background
On 18 October 2021, Council received a petition addressed to Wyndham City Council. The petition requested Wyndham City Council to reconsider the proposal to install a footpath on the west side of North Gateway, Wyndham Vale.
The petition was referred to Council’s City Transport Department to investigate. This report provides an update regarding this investigation.
2. Discussion
In September this year, Council sent a postcard to residents in North Gateway advising residents of our intention to build a footpath at this location. A footpath is proposed to be constructed in North Gateway as:
· It is linked to a public transport route (bus).
· It is located near pedestrian compatible destinations (school and reserve).
In October this year, Council received a petition objecting Council’s footpath proposal noting that:
· The street already has a functional footpath on one side of the street with minimal foot traffic.
· Another footpath will not provide any additional utility and will inflict negative repercussions to some households.
· Council could instead address the growing problem of hooning and speeding along North Gateway by installing speed treatments.
Officers from City Transport investigated the petition. Please find below our recommendations/findings:
2.1 Speeding along North Gateway:
It is noted that funding is available from Council’s 2021/22 Road Safety Treatment budget to fund the installation of speed treatments to address speeding if warranted.
Council officers will organise an investigation to take place to determine whether it is warranted to install speed treatment(s) at/along North Gateway. If the investigation identifies a speeding issue for this location, officers will develop designs for the installation of speed treatment(s) and implement accordingly.
2.2 Footpath:
It is noted that the petition states that there is minimal foot traffic on North Gateway. However, North Gateway is located near:
· Wyndham Vale Primary School;
· the Lollypop Creek reserve (and trail, and other local parks);
· the Wyndham Vale Square shopping centre;
· Bus Route 192 along Haines Dr; and
· other community facilities.
It is also noted that the construction of a footpath is unlikely to inflict negative repercussions to the households in North Gateway. Of the 21 dwellings located on the west side, only 3 have any low-level landscaping within the road reserve that may require removal. There is evidence that some vehicle parking has occurred on the nature-strip, which is contrary to road rules (197) and local law (136). However, the North Gateway road pavement is 7.5 metres wide, which is wide enough to enable parking on both sides of the road with sufficient width in between for emergency vehicles or garbage trucks to pass unhindered.
The construction of the footpath aligns with the Council Plan 2021-25, Wyndham Active Transport Strategy and supports Plan Melbourne key concept of creating 20-minute neighborhoods. North Gateway has been identified as a high priority location for footpath construction.
Providing a footpath on the west side of North Gateway will facilitate better access for as many users as possible with varying travel requirements and ability levels, it will also encourage more active transport. This aligns with the Council Plan statement that Council will, ‘Deliver and advocate for a quality, sustainable and accessible transport network that enables the community to move around the city easily.’
2.3 Findings/Recommendations:
Officers recommend:
· An investigation is to take place to determine whether it is warranted to install traffic treatment(s) at/along North Gateway.
· Given the objecting reasons in the petition appear to be subjective and that the reasons (linkage to a bus route, school and reserve) why the footpath was proposed in the first place remain valid, it is, therefore officers’ recommendation that the footpath construction continues as planned.
3. Wyndham 2040 Community Vision
· Places and Spaces - People are able to move around Wyndham easily. They are able to get to where they want to go efficiently and with greater access to active, accessible and sustainable modes of transport.
4. Council Plan
1.1 Provide high quality, equitable and accessible services and community facilities that cater for all ages and life stages.
· Aligning with Wyndham’s vision of ‘a Liveable City’ by:
o working with all levels of government and key stakeholders to ensure urban development and growth is managed to attain 20-minute neighbourhoods which allow residents to get around easily, work and play locally.
o deliver and advocate for a quality, sustainable and accessible transport network that enables the community to move around the city easily’
5. Other Council Strategies, Plans and Policies
Council’s adopted Wyndham Active Transport Strategy acknowledges the importance of providing a connected city through the delivery of new footpaths and shared user paths to fill in missing links in our footpath and shared user path network.
Footpaths are important, not only for exercise and wellbeing, but also for commuting and providing access to public transport which further improves liveability across our city. They are also important for reducing our impact on the environment by reducing car trips.
6. Regional, State and National Plans and Policies
The State Government’s Plan Melbourne contains a key concept of creating 20-minute neighbourhoods. This concept aims to give people the ability to meet most of their everyday needs within a 20-minute walk, cycle or local public transport trip of their home.
Plan Melbourne states, ‘these everyday needs include: local health services, childcare, libraries, sporting facilities, parks, cafes and shopping centres. Building pedestrian friendly neighbourhoods that connect people to these everyday needs will promote healthy lifestyles and ensures communities are accessible to people of all ages and abilities.’
7. Financial Viability
Funding is currently available from the 2021/2022 Active Transport and Road Safety programs to fund for the footpath and speed treatments (if warranted).
8. Social Implications:
The petition signatories have expressed concern about speeding and hooning in North Gateway. An investigation will be conducted to determine whether it is warranted to install traffic treatment(s) here. Assuming the investigation justifies the installation of speed treatments, this will be viewed favorably by the residents.
The petition signatories have also expressed concern about the proposed North Gateway footpath construction. It is unlikely the proposal to construct the footpath will be well received by all the residents abutting the west side of North Gateway.
However, it is important to recognize footpath construction benefits the wider community as it encourages the wider community to embrace sustainable transport modes. Hence, we should be looking at this from a wider community perspective rather than looking at it from a localized community perspective.
The provision of a footpath at this location will create positive social impacts that will benefit residents that live in the immediate area connecting to North Gateway.
9. Options
Option 1 Construct the path:
Pros:
· Align with Council adopted Active Transport Strategy and encourage more walking in the areas.
· Encourage residents to take up a more-healthy lifestyle and walk more.
Cons:
· Unlikely to be received well by the petitioners as the proposal isn’t currently supported.
Option 2 Stop the construction:
Pros:
· Will be well received by the petitioners.
Cons:
· Restrict/reduce/discourage the local community from embracing alternative transport modes.
· May well be used by other Wyndham communities as a precedent to object to future path construction. This will make it harder (if not impossible) to reach the goals identified in the Council adopted active transport strategy.
10. Community Engagement
The findings of the endorsed report will be provided to the lead petitioner.
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Strategic Reports |
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Council Meeting Tuesday, 30 November 2021 |
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File No:
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Item No: 6.2.1 Director City Operations - Stephen Thorpe |
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Road Management Plan 2021 |
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The Road Management Plan has been reviewed. It is a requirement of the Road Management Act 2004 and regulations that the review needed to be completed by 31 October 2021. The aim of the Road Management Plan is to ensure public safety through road maintenance.
The Road Management Plan identifies responsibilities and sets the standards on how municipal roads are inspected and maintained to manage civil liability as well as demonstrate that the Council, as the road authority, is managing the municipal road network responsibly. It has been prepared with reference to other key Council policies and strategies and consideration to ensure that it is consistent with Council’s strategic directions.
The internal review of the existing Road Management Plan found that it was required to be revised. This revision has been completed and the revised plan is now recommended for adoption by Council following the recent community engagement (public exhibition) which took place between 7 September 2021 – 4 October 2021.
Attachments
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1. |
Road Management Plan 2021 |
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2. |
Community Engagement Summary Report |
Officers’ Declaration of Interests
Under Section 130 of the Local Government Act 2020, 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 Roads and Maintenance - Mauro Covacci
In providing this advice as the Manager and Author, I have no disclosable interests in this report.
Key Issues
· Adoption of the revised Road Management Plan 2021.
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RECOMMENDATION
That Council adopt the revised Road Management Plan 2021.
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Cr Susan McIntyre / Sahana Ramesh
That Council adopt the revised Road Management Plan 2021.
(CARRIED) |
1. Background
It is part of Council’s legislated responsibilities to manage municipal roads in a manner that allows users to travel efficiently and safely. Wyndham has chosen to use a Road Management Plan (RMP) as part of its approach to managing roads, as allowed in the Road Management Act 2004 (RMA) and regulations. The revised RMP references key Council policies and strategies and consideration is given to these to ensure that the RMP is consistent with the adopted strategic directions.
The RMP aims to:
· Contribute to the provision of a safe and efficient municipal road network for public use.
· Establish the management system for the management of roads that Council is responsible for based on policy, operational objectives and available resources.
· Set the standards of the road management functions around inspections, maintenance and repairs.
The RMA requires that the RMP be reviewed at set time intervals, as described in the Road Management (General) Regulations 2016. This current review was completed by 31 October 2021.
2. Relevant Law
The review of the RMP is required in accordance with the following legislation:
· Road Management Act 2004.
· Local Government Act 2020.
· Local Government Act 1989.
· Road Management (General) Regulations 2016.
3. Discussion
An internal and community engagement review of the RMP has been conducted and completed. The scope of this review included:
· Assessing the reasonableness of the RMP.
· Assessing the resourcing and delivery of the RMP.
· Assessing the accessibility of the RMP.
· Legal review of the RMP.
· Literature review of RMPs of other road authorities.
· Literature review of legislation, regulations and codes of practice.
· Evaluating the alignment of the RMP with other Council strategies and plans consistent with strategies aligned to transport planning such:
o The Draft Wyndham Plan.
o Active Transport Strategy Priorities.
o Wyndham Integrated Transport Strategy.
o Geelong Fast Rail/Western Rail Plan.
o Wyndham Road Safety Strategy.
o Wyndham Transport Priorities.
o Long Term Financial Plan.
o Community Engagement (public exhibition).
The review found the following areas to focus on for the revised RMP:
· Making the document clearer, easier to understand and more accessible.
· Updating out of date references.
· Adding a standard for concrete roads and laneways so that they don’t use the same standard as for asphalt roads.
· Change of standards, decreasing the intervention level for footpath height differentials from 30mm to 20mm.
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Proposed change |
Current setting |
Explanation |
Cost |
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Decrease footpath height differential intervention level to 20mm |
Current height differential intervention level is 30mm |
· Improve public safety, reduce tripping hazards |
Estimated at an additional $1 million per annum |
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Add standard for concrete roads |
Asphalt road standard being used for concrete roads |
· More appropriate standard · Improve public safety, reduce tripping hazards · Reduce risk of negligence claims |
No additional cost |
The revised RMP has been completed and is available for adoption by Council to publish, see Attachment 1 – Road Management Plan 2021.
4. Wyndham 2040 Community Vision
· Places and Spaces:
The review of the RMP fits under this theme in
providing the framework for service provision identified in the specific
services delivered by Council including:
o Asset Management
o Road & Amenity Maintenance
o Road Design & Construction
5. Council Plan
3.3 Provide sustainable infrastructure through the construction of new assets and renewal of existing assets
6. Other Council Strategies, Plan and Policies
For the review of the RMP and the plan to be adopted, Council is required to engage with community. The engagement of the community was guided and aligned with Wyndham’s Community Engagement Policy.
7. Regional, State and national plans and Policies
Not Applicable.
8. Financial Viability
It is proposed that the intervention level be change for footpath differential levels from 30mm to 20mm. The financial implication of this is an additional $1 million would be required to maintain footpaths each year.
If this change is included in the final RMP the required funds will need to be included in the Long-term Financial Plan.
9. Sustainability Implications
As part of the review the sustainability of our road maintenance practices were evaluated from different perspectives. The first was alignment with community expectations now and into the future. The level of service has mostly stayed the same as we believe that the current settings are what the community expects. A change is proposed to the intervention level for footpath movement to reduce the risk of tripping.
The second was the financial sustainability of the budget, which has been considered as part of this review and proposed changes have cost estimates.
The third was asset management and the level of maintenance required to ensure that it is sufficient to extend the life of an asset as far as reasonably possible. By doing this, not only do we get the most value out of an asset, but it also reduces the need for new construction and the associated environmental costs.
10. Options
The review and community consultation of the RMP is not optional in complying with Councils legislative requirements under the Local Government Act 2020 and the Road Management Act 2004.
11. Community Engagement
The community engagement (public exhibition) process for any changes to the RMP was guided by Section 55 in the Local Government Act 2020, the Road Management Regulations and Wyndham City’s Community Engagement Policy.
A Community Engagement Plan was developed and went above and beyond the typical process that Councils go through when amending an RMP. Reviews typically involve inviting public comment on a revised RMP and limited advertising in the Victorian Government Gazette and newspapers. In the past it was found that adopting the approach in the regulations resulted in very little community feedback.
Therefore, this time in order to increase the opportunity for community feedback by modelling the Community Engagement Plan on Wyndham City’s Community Engagement Policy and equity frameworks. The increased marketing to the community through channels such as The Loop, social media and emails to stakeholders, improve messaging by tailoring communications for the audience, and allow reporting on the community engagement outcomes. This provided a broader engagement by the community to have a say on the RMP.
The outcomes of the community engagement process can be found in Attachment 2 – Community Engagement Summary Report.
12. Communication Strategy
The communication to the community was advertised via the Victorian Government Gazette and newspapers. In addition to improve the level of engagement other platforms were utilised such as The Loop, social media and emails to stakeholders, improve messaging by tailoring communications for the audience, and allow reporting on the community engagement outcomes
13. Innovation and Continuous Improvement
The review of the RMP proposes changes to improve road safety in comparison to the previous RMP 2017.
14. Collaboration
Not Applicable.
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Policy/Advocacy |
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Council Meeting Tuesday, 30 November 2021 |
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File No:
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Item No: 6.3.1 Head of Strategy and Policy Impact - Natalie Walker |
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Invest in Opportunity - Federal Election Priorities |
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Wyndham City provides a range of infrastructure and services that support the wellbeing of the local community. However, there are many issues and infrastructure and service gaps that are not the direct responsibility of Council. Councils are largely reliant on State and Federal Government to fund and provide the infrastructure and services our community needs to prosper.
Council has had a strong advocacy and intergovernmental relations agenda for many years and has continually refined and reviewed its approach. Council’s approach is strategic, evidence based and sustained while also being agile and responsive to the governments of the day and the political cycle, including upcoming elections.
A Federal election is required to be held by 21 May 2022. As such the lead up to the Federal election is a critical time for Council to continue engaging with all political parties and ensuring Wyndham’s needs are not only heard but met.
Wyndham City is calling on political parties to support the following the transformational projects and initiatives:
· Minister of Growth Areas
· Activate East Werribee and unlock the Werribee National Employment and Innovation Cluster
· Western Intermodal Freight Terminal
· Wyndham Westlink
· Outer Metropolitan Ring Transport Corridor
· North and West Melbourne City Deal
· Connecting regional growth and jobs
· Opportunity Wyndham
· Sports Infrastructure
· Finance for Growth Areas
Attachments
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1. |
Invest in Opportunity – Wyndham City Federal Election Priorities |
Officers’ Declaration of Interests
Under Section 130 of the Local Government Act 2020, officers providing advice to Council must disclose any interests, including the type of interest.
Head of Strategy and Policy Impact - Natalie Walker
In providing this advice as the Director, I have no disclosable interests in this report.
Coordinator Strategy and Stakeholder Engagement - Kate Waters
In providing this advice as the Manager and Author, I have no disclosable interests in this report.
Key Issues
· Wyndham City provides a range of infrastructure and services that support the wellbeing of the local community. However, there are many issues and infrastructure and service gaps that are not the direct responsibility of Council. Councils are largely reliant on State and Federal Government to fund and provide the infrastructure and services our community needs to prosper.
· Council has had a strong advocacy and intergovernmental relations agenda for many years and has continually refined and reviewed its approach.
· A Federal election is required to be held by 21 May 2022. This is a critical time for Council to continue engaging with all political parties.
· Wyndham City is calling on political parties to commit to a number of transformational projects.
· These projects will be prosecuted through engagement with political parties, partners and key stakeholders and through relevant media and communication.
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RECOMMENDATION
That Council endorse Wyndham City’s Federal Election Priorities and continue to advocate for these priorities to all political parties in the lead up to the Federal Election.
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Cr Jasmine Hill / Josh Gilligan
That Council endorse Wyndham City’s Federal Election Priorities and continue to advocate for these priorities to all political parties in the lead up to the Federal Election.
(CARRIED) |
1. Background
Wyndham City provides a range of infrastructure and services that support the wellbeing of the local community.
We run community centres and libraries, provide early years and maternal health services, and maintain local parks and open spaces. We also maintain local roads, and provide rubbish collection and waste disposal services, along with a range of other local infrastructure and services designed to improve the lives of Wyndham residents.
However, there are many issues and infrastructure and service gaps that are not the direct responsibility of Council. Councils are largely reliant on State and Federal Government to fund and provide the infrastructure and services our community needs to prosper.
That’s why it’s important for us to communicate our needs and seek action from politicians, government departments, and other key stakeholders.
Approach to Advocacy
Council has had a strong advocacy and intergovernmental relations agenda for many years and has continually refined and reviewed its approach to reflect the governments of the day and the needs of the community.
This work has occurred in a variety of ways including but not limited to public campaigns, formal submissions, meetings with Ministers, Members of Parliament and their advisors and maintaining ongoing relationships with key government departments.
Councillors and senior officers are also representatives on a range of alliances, associations, committees and working groups and hold many important stakeholder relationships.
Council’s approach is strategic, evidence based and sustained while also being agile and responsive.
A Federal election is required to be held by 21 May 2022. As such the lead up to the Federal election is a critical time for Council to continue engaging with all political parties and ensuring Wyndham’s needs are not only heard but also met.
2. Relevant Law
Not Applicable
3. Discussion
Wyndham is a place for people, a place for opportunity. A growing, vibrant and diverse City. As a community we are building a connected and sustainable City with local and regional opportunities for work, education and leisure.
In the lead-up to the Federal election, Wyndham City is asking all political parties to invest in opportunity by investing in Wyndham. Investing in Wyndham represents a unique opportunity to support the recovery of the Australian economy. Strategically located and a centre of growth and activity even during the pandemic, Wyndham is a vital western hub in a renewed vision of Greater Melbourne that connects suburban centres and surrounding regions.
With transport links to the Melbourne CBD and Geelong, Sunshine and Footscray as key business and transport centres, Wyndham is a strategic location to invest in economic development.
Activity related to Wyndham’s ongoing population growth and available land in key locations can drive strong economic growth if supported by Federal Government investment in key infrastructure and services.
Wyndham has strong potential to create a liveable and sustainable post-COVID city which provides local employment opportunities and lifestyle advantages being delivered by improved local neighbourhood connections.
With Federal Government support and investment Wyndham will seize the opportunity to deliver a more self-sustaining and resilient western hub as part of Greater Melbourne’s reimagined future.
Wyndham City is calling on all political parties to commit to the following transformational projects and initiatives:
· Minister of Growth Areas
· Activate East Werribee and unlock the Werribee National Employment and Innovation Cluster
· Western Intermodal Freight Terminal
· Wyndham Westlink
· Outer Metropolitan Ring Transport Corridor
· North and West Melbourne City Deal
· Connecting regional growth and jobs
· Opportunity Wyndham
· Sports Infrastructure
· Finance for Growth Areas
Further detailed on each project is included in the ‘Invest in Opportunity – Wyndham City Federal Election Priorities,’ as presented at attachment 1.
4. Wyndham 2040 Community Vision
The Wyndham City priorities for the Federal election all support the achievement of the Wyndham 2040 Community Vision and its subsequent themes:
· People and Community
· Places and Spaces
· Earning and Learning
· Leadership and Participation
5. Council Plan
7.2 Ensure the needs of the community are well represented through effective advocacy and strong collaborative partnerships with key stakeholder and all levels of Government.
6. Other Council Strategies, Plans and Policies
· Securing Wyndham’s Future
· Wyndham Integrated Transport Strategy
· Social and Economic Inclusion Framework
· Wyndham Sports Strategy
· Active Wyndham Strategy
7. Regional, State and national plans and Policies
Council’s approach to advocacy is aligned and responsive to regional, state and national plans and policies.
8. Financial Viability
Strategic advocacy for Federal funding of projects that benefit Wyndham is essential to support the financial viability of the city, providing necessary infrastructure and services and reducing costs that would otherwise need to be covered within Council’s budget.
9. Sustainability Implications
Several of the Federal election projects support the sustainability of Wyndham through a focus on economic, social and environment outcomes
10. Options
Not applicable
11. Community Engagement
Council’s approach to advocacy is based around advocating for the issues that are of concern to residents, reflecting matters raised in the Annual Community Satisfaction Survey and other community engagement findings.
12. Communication Strategy
Wyndham City’s Federal election priorities will be communicated via:
· Meetings with Ministers, shadow Ministers, candidates and other key stakeholders
· Strategic partnerships with organisations whose interests align with those of our community, including regional and interface Councils, industry partners, community partners, Leadwest and the National Growth Areas Alliance.
· Relevant media including social media, print media, radio and television
13. Innovation and Continuous Improvement
Council’s approach to advocacy is continually refined and reviewed to ensure it is responding to the community needs and the governments of the day.
14. Collaboration
Wyndham City continues to work with the community as an active partner to inform our strategic priorities and to help us understand what Wyndham needs. Council has also been forming strategic partnerships with organisations whose interests align with those of our community, including regional and interface Councils, industry partners, Leadwest and the National Growth Areas Alliance. By collaborating with our partners, we promote policies and solutions that the State and Federal Government can adopt to improve life in Wyndham.
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Other Reports |
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Council Meeting Tuesday, 30 November 2021 |
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File No:
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Item No: 6.5.1 Head of Strategy and Policy Impact - Natalie Walker |
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Quarterly Community Report: Quarter 1 2021-22 |
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The Quarterly Community Report provides a snapshot of Council’s work during the first quarter of the 2021-22 financial year. It tracks the implementation of the Council Plan 2021-25 and updates the community on how the major projects and capital works committed to are progressing and how resources are being spent in line with the Annual Plan and Budget 2020-21.
Attachments
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1. |
Quarterly Community Report (Quarter 1: July, August, September 2021) |
Officers’ Declaration of Interests
Under Section 130 of the Local Government Act 2020, officers providing advice to Council must disclose any interests, including the type of interest.
Head of Strategy and Policy Impact - Natalie Walker
In providing this advice as the Director, I have no disclosable interests in this report.
Coordinator Strategy and Stakeholder Engagement - Kate Waters
In providing this advice as the Manager, I have no disclosable interests in this report.
Organisational and Planning Strategy Lead - Alexandra Sosa
In providing this advice as the Author, I have no disclosable interests in this report.
Key Issues
· Throughout July to September 2021, Council services continued to be delivered in adapted formats to ensure adherence with COVID-19 restrictions.
· Despite unavoidable delays due to the COVID-19 restrictions (in particular the two week shutdown of the construction industry and disruption of supply chains globally), Council is on track to deliver $174m worth of capital works by the end of the financial year.
· The Underlying year to date (YTD) September results highlight an operating deficit after depreciation and amortisation of $70K which is $11.3M favourable when compared to (YTD) budget. This favourable result includes higher than budget revenue of $1.35M and lower than budget expenditure of $9.9M.
· Based on a review of these Underlying results for the Quarter 1 and the resumption of operations, the 2021-22 financial year has been forecast as being equal to budget.
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RECOMMENDATION
That Council note the Quarterly Community Report for Quarter 1 (July, August, September 2021) and the progress made to implement the Annual Plan and Budget 2021-22 and the Council Plan 2021-25. |
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Cr Jasmine Hill / Mia Shaw
That Council note the Quarterly Community Report for Quarter 1 (July, August, September 2021) and the progress made to implement the Annual Plan and Budget 2021-22 and the Council Plan 2021-25.
(CARRIED) |
1. Background
Council is committed to a continuous cycle of planning, reporting and review to ensure it delivers the best outcomes for the community. The Quarterly Community Report is essential for ensuring transparency and accountability as to how public money is being spent and the work and services being delivered.
It is an important component of Council’s Integrated Strategic Planning and Reporting Framework, allowing Council to track the implementation of the Council Plan 2021-25. It provides an update on how the major projects and capital works committed to are progressing and how resources are being spent in line with the Annual Plan and Budget 2021-22.
2. Relevant Law
· Local Government Act 2020
3. Discussion
Responding to the COVID-19 pandemic continued to be a focused throughout July, August and September 2021, with Council services continuing to be delivered in adapted formats to ensure adherence with COVID-19 restrictions.
Some key highlights for the quarter include:
· 19 online citizenship ceremonies with 187 new citizens conferred
· 18km of new footpaths constructed
· 2,556 trees planted
· 14 education programs delivered to increase knowledge and care for the environment with 974 program attendees
· 108 businesses attend a business event
· 15 new businesses committed to providing local employment opportunities
· 42,746 visits were made to a library and there were two Pop-Up library sessions (in early July) at the Wyndham Park Community Centre and the Wunggurrwil Dhurrung Centre
· The launch of the new Wyndham Community Grants program in July. The program has so far provided the community with $54,336 via the Small Grants category and Community Pathways Scholarships
· 20 community engagement projects were open for consultation and 1,105 new members signed up to the Loop, Council’s online community engagement platform
· 945 community members from a diverse array of backgrounds joined the People’s Advisory Panel
· 1,069,814 visits to the Wyndham City website
· 52,316 calls where received by Customer Service.
100 per cent (21) of all Major Initiatives and 84.2 per cent (16) of all Initiatives committed to within the Annual Plan and Budget 2021-22 are progressing.
Two initiatives have been completed:
· Undertake the development of the Domestic Animal Management Plan 2021-25
· Revise and implement a renewed Wyndham Community Grants Policy and Program to support community capacity building, activation and recovery.
Despite unavoidable delays due to COVID-19 restrictions (in particular the two week shutdown of the construction industry and disruption of supply chains globally), Council is on track to deliver $174m worth of capital works by the end of the financial year. Highlights during quarter 1 include:
· Completion of the Wyndham Parks 2021 program
· Completion of the Galvin Park Soccer Pavilion Redevelopment
· Completion of the Dianella Community Centre
· Truganina South East Integrated Family Centre and Tarneit North Integrated Family Centre are both under construction.
· Works are progressing to improve walking and cycling paths across the municipality.
The Underlying year to date (YTD) September results highlight an operating deficit after depreciation and amortisation of $70K which is $11.3M favourable when compared to (YTD) budget. This favourable result includes higher than budget revenue of $1.35M and lower than budget expenditure of $9.9M.
The closure of Councils Western Leisure Services and other Council facilities including community and cultural centres required under the COVID-19 restrictions, impacted both revenue and expenditure. In addition there was also lower operating expenditure for materials and services and lower workforce related costs.
Based on a review of these Underlying results for Quarter 1 and the resumption of operations, the 2021-22 financial year has been forecast as being equal to budget.
The Quarterly Community Report: Quarter 1 2021-22, is presented at attachment 1.
4. Wyndham 2040 Community Vision
Through the Leadership and Participation theme of the Wyndham 2040 Community Vision, the community told Council that it is important for Council to be accountable and transparent for their decision making, particularly in relation to financial sustainability and planning for growth and development.
The Quarterly Community Report promotes good management of Council’s resources, transparency and accountability as to how public money is being spent and fosters a focus on performance and ensuring quality services are being delivered within the financial parameters set.
5. Council Plan and Policies
The Quarterly Community Report contributes to meeting the following Council Plan strategies;
Community As An Active Partner
· Foster trust in Council through the implementation of effective civic leadership and responsible governance processes that ensure accountability and compliance with all legislated and statutory requirements.
Delivering Public Value and Excellence
· Secure its financial sustainability into the future through responsible management of Council’s annual budgets and long-term financial outlook.
6. Regional, State and national plans and Policies
Not Applicable.
7. Financial Viability
The Quarterly Community Report promotes good management of Council’s resources, transparency and accountability as to how public money is being spent and fosters a focus on performance and ensuring quality services are being delivered within the financial parameters set.
8. Sustainability Implications
Not Applicable.
9. Options
Not Applicable.
10. Community Engagement
The Quarterly Community Report is a key component of Council’s Integrated Strategic Planning and Reporting Framework. The Council Plan 2021-25 commits Council to communicating the report to the community on a quarterly basis.
11. Communication Strategy
The Quarterly Community Report will be made available through the Council website.
12. Innovation and Continuous Improvement
Not Applicable.
13. Collaboration
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ATTACHMENT No: 1 - Quarterly Community Report (Quarter 1: July, August, September 2021) |
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Item No: 6.5.1 |
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Other Reports |
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Council Meeting Tuesday, 30 November 2021 |
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File No:
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Item No: 6.5.2 Chief Executive Officer - Stephen Wall |
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Financial Management Report - Quarter 1 - 2021/2022 |
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The preparation of a quarterly Financial Report is a statutory requirement under section 97 of the Local Government Act 2020 (the Act).
This paper provides a report on Council’s financial results for the first quarter of the 2021/22 financial year covering the period 1 July 2021 to 30 September 2021 (Year to Date September) and compares this against the 2021/22 budget set for the equivalent period.
The Year to Date September results highlight a net favourable Underlying result to budget of $11.3M. This includes favourable revenue of $1.35M and lower expenditure $9.9M when compared to Year to Date (YTD) budget.
The Financial Mangement Report provided in Attachment 1 provides commentary on the financial results and variances.
In summary:
o The total operating revenue was $93.5M which is $1.35M higher than the budgeted amount of $92.2M. The higher revenue is primarily due to extra revenue received at the Refuse Disposal Facility (RDF) along with grants received in 2020/21 but recognised as revenue in 2021/22 to comply with recent changes in accounting regulations. This was partially offset by the loss of revenue as a consequence of the extended closure of Council facilities required under the COVID-19 lockdown restrictions. The primary services impacted include Council’s Western Leisure Services (WLS) and other Council facilities including Community and Cultural centres.
o The total operating expenses including Depreciation & Amortisation was $93.6M which is $9.9M lower than the budgeted amount of $103.5M. The lower expenditure outcome is consistent with the closure of key Council facilities mentioned above with lower level of operating expenditure for Materials and Services and lower workforce related costs.
Attachments
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1. |
Financial Management Report - Quarter 1 - 2021/22 |
Officers’ Declaration of Interests
Under Section 130 of the Local Government Act 2020, officers providing advice to Council must disclose any interests, including the type of interest.
Chief Executive Officer – Stephen Wall
In providing this advice as the CEO, I have no disclosable interests in this report.
Chief Financial Officer - Binda Gokhale
In providing this advice as the CFO, I have no disclosable interests in this report.
Financial Controller – Michael Kelly
In providing this advice as the Manager, I have no disclosable interests in this report.
Finance Manager - Alex Nava
In providing this advice as the Author, I have no disclosable interests in this report.
Key Issues
· Financial results as at 31 March 2021.
· 2020/21 Financial and Capital expenditure full year forecasts.
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RECOMMENDATION
That Council note the information provided in the Financial Management Report for Quarter 1 Financial Year 2021/22 as required under Section 97 of the Local Government Act 2020.
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CRS Josh Gilligan / Adele Hegedich
That Council note the information provided in the Financial Management Report for Quarter 1 Financial Year 2021/22 as required under Section 97 of the Local Government Act 2020.
(CARRIED) |
1. Background
The preparation of a quarterly Financial Report is a statutory requirement under section 97 of the Local Government Act 2020 (the Act). This section requires that:
1. As soon as practicable after the end of each quarter of the financial year, the Chief Executive Officer must ensure that a quarterly budget report is presented to the Council at a Council meeting which is open to the public.
2. A quarterly budget report must include:
(a) a comparison of the actual and budgeted results to date; and
(b) an explanation of any material variances; and
(c) any other matters prescribed by the regulations.
Council’s process is to thoroughly review the key revenue and expenditure items each quarter for material movements when compared against the budget. This is to determine if these movements are purely timing related over the course of the year. As an example, a timing difference may be due to project expenditure budgeted to be incurred in one month which may have been delayed to a future month within that year.
Alternatively, the reason for the variance may be more ‘permanent’ in nature for that year whereby a specific initiative anticipated to be undertaken in that year, will no longer proceed.
This report provides an overview of Council’s financial results for the first quarter of the 2021/22 financial year covering the period 1 July 2021 to 30 September 2021 (Year to Date September) and compares this against the 2021/22 budget set for the equivalent period. The report also includes an update on the Capital Works program for the year and provides a forecast financial outlook for the end of the financial year.
2. Discussion
Financial Performance – Quarter 1
The financial results to 30 September 2021 have been impacted by the extended COVID-19 lockdown in the first quarter and the resulting effect on Council’s services. Certain services were not able to be provided due to restrictions, whilst other support services were prioritised to meet community needs and expectations through this pandemic. The year to date results also reflect a higher level of revenue from Council’s Landfill (RDF) which is expected to be maintained in the full year.
The Underlying year to date (YTD) September results highlight an operating deficit after depreciation and amortisation of $70K which is $11.3M favourable when compared to YTD budget:
o Total underlying operating revenue was $93.5M which is $1.35M higher than the budgeted amount of $92.2M. The higher revenue is primarily due to extra revenue received at the RDF along with grants received in 2020/21 but recognised as revenue in 2021/22 to comply with recent changes in accounting regulations. This was partially offset by the loss of revenue as a consequence of the extended closure of Council facilities required under the COVID-19 lockdown restrictions. The primary services impact include Council’s Western Leisure Services and other Council facilities including Community and Cultural centres.
o Total underlying operating expenses including Depreciation & Amortisation was $93.6M which is $9.9M lower than the budgeted amount of $103.5M. The lower expenditure outcome is consistent with the closure of key Council facilities mentioned above and maintenance works required to be put on hold resulting in lower level of operating expenditure for Materials and Services and lower workforce related costs.
In addition to the Underlying results, Capital revenue for the period was $51.7M which is $4.4M lower than budget mainly due to a reduction of $7.6M in Developer Contributions partially offset by higher than budgeted Capital grants of $3.4M.
The Total Net surplus YTD September is $51.6M, which is $6.8M higher than YTD budget.
Quarter 1 – Full Year Forecast
The full year Underlying result has been forecast to be consistent with the full year budget with offsetting variances in the expected revenue and expenditure outcomes.
The forecast includes lower revenue from the closure of WLS and other Council facilities ($5.8M), higher expenditure for IT licensing and security ($1.3M), offset by the favourable Net operating result for the RDF ($2.9M) and expected lower employee costs ($4.2M):
Further details are provided in the Financial Management Report – Attachement 1.
Capital Works
Councils 2021/22 capital works program includes 151 projects and programs equaling an investment of $196.5M. Actual expenditure in the first quarter was $14.5M which was lower than budget. The delivery of planned capital works during 2021/22 had some unavoidable delays due to pandemic-related restrictions. In particular, there was a two-week shutdown of the construction industry and the disruption of supply chains globally. It is expected that as a consequence some expenditure will continue into 2022/23. The forecast has been updated to reflect these delays, and we are currently forecasting a total capital spend of $174.1m.
2021-22 budgeted Loan borrowings associated with funding projects as part of the Capital works program have been deferred until 2022, pending a revised capital program and cash flow forecasts which will be undertaken for Quarter 2.
3. Council Plan
8.1 Secure its financial sustainability into the future through responsible management of Council's annual budgets and long term financial outlook
4. Other Council Strategies, Plan and Policies
The Annual Plan and Budget takes into consideration the Council Plan and related operational policies.
5. Financial Viability
This Report addresses the financial viability of Council in the context of reporting against budget expectations for the 2021/22 Financial year. The full year forecast highlights that the Underlying results are expected to be equal to budget and therefore no impact on Council’s financial viability.
6. Sustainability Implications
The Quarter 1 financial results have been impacted by the extended Covid-19 lockdown however the forecast outlook for the year considers the favourable performance of the RDF facility together with other variances for Council to deliver in line with the budget settings.
7. Community Engagement
Council’s annual budget is underpinned by an extensive community deliberative process regarding services and community priorities.
8. Innovation and Continuous Improvement
Council continues to review and drive improvement in its management reporting processes to ensure that our community is kept well informed regarding financial outcomes.
9. Collaboration
All service areas of Council are engaged and collaborate on the development of annual operational and capital budgets. Monthly meetings are held with internal stakeholders to ensure that the operation drivers and financial outcomes are reviewed and understood. Quarterly reports are developed also in collaboration with service and project managers.
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ATTACHMENT No: 1 - Financial Management Report - Quarter 1 - 2021/22 |
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Item No: 6.5.2 |
This is the Quarter 1 (Q1) Financial Management Report provided to Council for the 2021/22 Financial Year.
The report provides an overview of Council’s financial results for the first quarter of the 2021/22 financial year covering the period from 1 July 2021 to 30 September 2021 (Year to Date September) and compares this against the 2021/22 budget set for the equivalent period.
The results are impacted by the extended COVID-19 lockdown and the resulting effect on Council’s services:
· Certain services have not been able to be provided due to restrictions, resulting in both lower revenue and lower expenses incurred over the reporting period.
· Other support services have been prioritised to meet community needs through this pandemic with related expenditure being incurred.
· Additional revenue has been recognised for Government Grants and Council’s Landfill (RDF) operations.
The Underlying year to date (YTD) September results highlight an operating deficit after depreciation and amortisation of $70K which is $11.3M favourable when compared to (YTD) budget:
o Total operating revenue was $93.5M which is $1.35M higher than the budgeted amount of $92.2M. The higher revenue is primarily due to extra revenue received at the RDF along with grants received in 2020/21 but recognised as revenue in 2021/22 to comply with recent changes in accounting regulations. This was partially offset by the loss of revenue as a consequence of the extended closure of Council facilities required under the COVID-19 lockdown restrictions. The primary services impact include Council’s Western Leisure Services and other Council facilities including Community and Cultural centres.
o Total operating expenses including Depreciation & Amortisation was $93.6M which is $9.9M lower than the budgeted amount of $103.5M. The lower expenditure outcome is consistent with the closure of key Council facilities mentioned above and maintenance works required to be put on hold resulting in lower level of operating expenditure for Materials and Services and lower workforce related costs.
o Capital income is $51.7M which is $4.4M lower than budget mainly due to $7.6M in lower Developer Contributions received over this period, partially offset by higher than budgeted Capital grants of $3.4M.
o The net surplus YTD September is $51.6M, which is $6.8M higher than YTD budget.
This report also provides a forecast summary for the 2021/22 financial year as at the end of Q1 and compares it against the full year budget in order to identify the expected variations from Council’s original annual expections.
Based on the Q1 review conducted, variances have been identified across some revenue and expenditure categories, however the Underlying Operating result at an aggregate level for the full 2021/22 financial year has been forecast as being equal to the budget:
o Total underlying operating revenue of $374.3M which is $0.5M lower than the full year budgeted amount of $374.8M. Q1 forecast assumes that there will be extra sources of revenue mainly from the RDF operations that will partially offset the revenue not generated in the first half of the year as a consequence of COVID-19 lockdown restrictions.
Total underlying operating expenses including depreciation & amortisation of $416.6M is favourable to the budgeted position by $0.5M. Quarter 1 forecast assumes savings in employee benefits of $4.2M offset by higher expenditure in Materials and Services mainly due to the additional EPA levy in line with the increased number of tonnes expected. There is no expected variance in the Depreciation & Amortisation expenditure for the year highlighted at this stage.
o The net surplus forecast inclusive of capital revenue for the year is $178.6M, which is $2.7M lower due to lower than budget fleet sales.
Full year budget expectations will be reviewed again as part of the Quarter 2 (Q2) forecast.
Further information on the key revenue and expense categories is provided in the Income Statement Table under Section 3 and in the related commentary within subsequent sections.
2. Background
In setting the 2021/22 Budget, consideration was given to the effect of COVID-19 on our community and Council’s operations. This was informed by the Government’s response to the pandemic and Council’s own assessement through its community interactions and critical response processes.
Based on the economic outlook at the time, a level of recovery and transition to a ‘COVID Normal’ was anticipated, however, the first quarter of the 2021/22 Financial Year was negatively impacted by continued COVID-19 lockdown measures.
Council’s process is to thoroughly review the key revenue and expenditure items each month for material movements when compared against the budget. This is to determine if these movements are purely timing related over the course of the year. As an example, a timing difference may be due to project expenditure budgeted to be incurred in one month which may have been delayed to a future month within that year.
Alternatively, the reason for the variance may be more ‘permanent’ in nature for that year whereby a specific initaitve anticipated to be undertaken in that year, will no longer proceed.
The state government is expecting to ease COVID-19 lockdown restrictions by the end of October 2021. However, uncertainty around the impact of the pandemic will continue for some time, which Council will actively and closely monitor. In terms of financial management, Council will continue to review and prioritise service needs based on community health and social & economic support, and decide whether any adjustments are required for our full year forecast, both from an operational and capital perspective.
3. Financial Statements and Commentary
The table below provides the Income Statement highlighting the Q1 results and variances together with the end of year forecast assessed at this time.
(+1/-1 variances in these statements will be due to rounding of source date)
Revenue and Expenditure commentary
Ø Rates and Charges
September YTD, rates and charges category shows an increase of $1.0M compared to September YTD budget. This increase is mainly driven by $ 761K higher than budgeted supplementary rates, which is expected to be of a timing nature and $270K interest recognised on outstanding rates for those accounts not currently being managed under any of Council’s hardship provisions.
Quarter 1 forecast expects that some of the favourable variance will carry through to the full year.
Ø Operating Grants
Revenue from operating grants is $2.55M higher than assumed in the budget. The variance can be explained as follows:
· $2.1M carried forward from grants received in 2020/21 considered as revenue in 2021/22 as per Accounting regulations.
· $220K early receipt of the Jobs Victoria Advocates originally expected in the second quarter of the year.
· $124K additional funding received in the Community Planning & Development area which can be expected to be spent on service provision. Also reflected is $119K extra funding from the Financial Assistance Grants to that advised at the time of budget setting.
Q1 forecast includes a marginal increase in grants of $509K compared to 2021/22 budget. Q2 will provide a more accurate estimate of the expected revenue once the current grant applications are finalised.
Ø User Fees
User fees revenue is lower than budget expectations by $1.25M. There are a number of community focused facilities that have been adversely impacted by the COVID-19 lockdown requiring closure during the first quarter of the year. The budget already included lower than normal user fee revenues, but did not anticipate full facility closures. The facilities negatively affected primarily include:
· $2.23M – Aqua Pulse and Eagle Stadium (WLS)
· $373K – Council facilities such as Community Centres, Cultural Centre and Encore events centre.
Additionally, there is $370K lower cost recovery charge outs including $211K from debt collection fees as Council suspended its debt recovery process as a measure to help ratepayers in financial hardship due to COVID-19 restrictions.
This lower revenue has been partially offset by $1.7M of additional user fees revenue generated from higher volumes of bulk waste brought by commercial customers to the RDF relative to budget.
Quarter 1 forecast expects almost no movement in User fees compared to 2021/22 budget. Additional revenue of $6.36M from the RDF is offset by the expected loss in revenue of $4.7M from WLS and $1.1M lower revenue from the closure of Council facilities. It is also expected that the rates debt recovery process will not resume later in the year, and this will negatively affect the yearly cost recovery revenue by around $461K.
Ø Statutory Fees and Fines
Enforcement activities during COVID-19 restrictions have been limited to public safety measures resulting in $506K less revenue than September YTD budget expectations. Building & Litter and Parking Management account for $175K and $307K respectively as the main contributors for the lower revenue. This is largely due to the easing of fine implementation to mostly focus on public safety, as well as to support the community during the pandemic.
Q1 forecast considers that the YTD variances identified will become permanent by year end, with a further impact of $75K in lower revenue, recognising the extension of the lockdown into the first month of Quarter 2.
Ø Other Revenue
Quarter 1 forecast predicts that other revenue will be less than budget by around $1.17M mainly due to the lower than budgeted interest rates on Council’s term deposits. The budgeted investment rate was a weighted average of 0.63% compared to a forecast rate of 0.45%.
Ø Employee Costs
September YTD, shows an underspend of $2.8M across Council mainly due to a delay in filling vacant positions in services with reduced operations due to COVID-19 restrictions.
The main variances are as follows:
· $1.0M underspend in People & Community focused services with reduced operations during the Statewide lockdown, primarily Maternal & Child Health ($468K), Kinder Operations ($229K), Home Based Care ($95K) and School Crossing supervisors ($278K).
· $886K underspend in areas linked to Places and Spaces related services, primarily in Roads & Maintenance ($228K), Planning & Building ($241K), RDF ($202k), Parkland Maintenance ($150k) and Climate Futures ($65k).
· September YTD, Training & Development and Conferences & Seminars were below budget by $570K mainly due to the cancellation of most of face to face events as a result of the lockdown restrictions.
Q1 forecast predicts a reduction in Employee costs of $4.15M compared to budget by year end, mainly from savings of $2.2M in salaries and on-costs of $400K as reflected in the YTD results. Additionally, Training & Development and Conferences & Seminars may provide further savings of $604K along with extra capitalisation of salaries of $1.1M attributable to workforce costs relating to capital program demand.
Ø Materials and Services
September YTD, Materials and Services expenditure was $5.8M lower than budget in response to closure of facilities and delays in budgeted projects. The most significant YTD variances are described below:
· Subcontractors expenditure was $3.0M below budget, mostly in Facilities and Open Space related services. This was mainly due to the slowdown in Council’s activities given the current COVID restrictions. However, it is expected that once the restrictions are lifted, the expenditure will trend back to budget expectations with catchup in activity planned.
· There was an underspend of approximately $1.2M in operational expenses such as Printing, Postage, Repairs & Maintenance, Utilities and Telephone charges. This was reflective of the closure of Council facilities and a significant number of staff working from home due to COVID restrictions.
· Expenditure on Materials General shows an underspend of $811K directly related to the installation of RFID and Bin Lid standardization project. The project is expected to occur in the second half of the financial year.
· Timing differences (See explanation on Section 2 Background) of $2.3M in categories such as Cloud solutions, Connectivity, Council memberships, Consultants, Marketing and Advertising are expected to occur within the financial year and the variance versus budget is just temporary.
· Additional $212K savings in Debt Collection Fees, as Council put on hold its debt recovery processes during the pandemic to avoid adding extra pressure on residents experiencing financial hardship.
In contrast, the following amounts partially offset the unspent money explained above:
· $1.2M additional EPA levy expenditure because of the additional number of tonnages received in the landfill compared to 2021/22 budget assumptions.
· $812K overspend in Permits and licenses to pay for a number of licences required and the enhancement of security features in Council IT systems which were not identified within the budget
Q1 forecast anticipates a $4.3M increase in Materials and Services expenditure compared to budget by the end of the financial year. The primary drivers for the increase include:
· a $3.4M increase in EPA levy in line with the increased number of tonnes expected to be received at the RDF.
· unbudgeted $1.3M in Permits, Licenses and Registration related to licensing and IT security measures and
· a further $561K increase in subcontractors to deliver additional work in areas mostly related to parks and open space.
Offset by:
· savings of $537K from lower expenditure on some services linked to the closure of Council facilities and a significant number of staff working from home due to COVID restrictions
· savings of $413K from debt collection fees as the debt recovery process has been put on hold during the pandemic.
Ø Other Expenses and Finance Costs
Grants and contributions together with finance costs show a minor underspend of $23K September YTD.
However, Q1 forecast expects a reduction of $670K mainly from reduced interest expense as consideration of borrowings being deferred to later in the financial year.
Ø Capital Income
Council recognises as revenue grants received for capital projects, monies received from developer contributions and value of assets transferred to Council (‘Gifted Assets’).
September YTD capital grants revenue is $10.6M, which is $3.48M higher than budget expectations. This amount includes $9.8M received in 2020/21 but recognised as revenue in 2021/22 to comply with current Accounting regulations, along with $601K received under Local Roads and Community Infrastructure Program, and $158K received for Werribee West Children's Centre.
September YTD Council received $9.2M in Cash Contributions, which is $7.6M lower than YTD budget which is expected as a full year trend. This income is recognised as revenue when cash is received from developers and is retained in reserves and applied to future infrastructure capital works projects as defined in the Developer Contribution Plans.
September YTD Non-monetary contributions are in line with the Budget and relates to transfers of gifted assets from developers to Council. Once transferred, Council assumes ownership and becomes responsible for their maintenance and future reconstruction.
Overall, with regards to Capital Income, Council expects to receive around $22.4M less in cash from developer contributions. This is now expected to be received in the form of non-monetary assets and is reflective of the S173 agreements signed with developers
Ø Borrowings
There have been no borrowings undertaken in the period to September 2021. Budgeted borrowings of $40M to refinance existing loan maturing on 12 November 2021 will be deferred until 2022.
Quarter 1 forecast assumes that no new borrowings will be undertaken for the Capital works program in 2021-22. This will be reassessed based on progress of Council’s Capital Program and cash flow forecasts as part of the Quarter 2 forecast.
Ø Summary of Capital Expenditure
As at the end of September 2021 $14.5M of the $196.5M approved full year budget has been spent.
The Capital works Quarter 1 forecast is as follows:
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Capital Budget 2021-22 |
$196.5m |
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“In-flight” projects from previous year |
+$20.4m |
2020-21 budgeted expenditure was $106.1M versus Actual of $78.4M or a variance of $27.6M |
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Cancelled/paused projects |
-$4.8m |
Discovery Centre, Werribee Library & Community Hub |
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Expenditure delayed into 22/23 |
-$40.1m |
Includes Truganina & Black Forest Road South CCs, Manor Lakes IFC, Tarneit North Masterplan, Westmeadows Lane, Werribee Catalyst Site payment |
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Current forecast |
$172.0m |
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Additional projects for inclusion |
+$2.1m |
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Total revised forecast |
$174.1m |
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The table below summarises the amount spent in Capital works and its funding sources as at the end of September 2021 and includes comparison to Budget and Q1 forecast expectations:
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Capital Funding |
YTD Actual Funding Source $’000’s |
Full Year Budget $’000’s |
Quarter 1 forecast $’000’s |
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Grants |
1,790 |
28,458 |
23,900 |
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Contributions |
3,890 |
67,338 |
51,800 |
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Borrowings |
- |
27,052 |
*24,800 |
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Council Cash |
9,352 |
73,695 |
73,600 |
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Total Capital works |
15,032 |
196,543 |
174,100 |
*Assumed to be financed from working capital at this stage
Balance
Sheet
Key
Balance Sheet categories commentary
Cash and cash equivalents
Cash and cash equivalents include cash and investments such as cash held in the bank and the value of investments in term deposits.
However, Council’s cash and cash equivalents are subject to restrictions that limit the amounts available for discretionary use. September YTD, the amount of Cash and Cash equivalents considered as restricted is $448.4M ($409.5M in reserves from developer contributions, $38.9M from trust and funds deposits) which represents 72.2% of the cash that Council holds.
Trade and other receivables
Trade and other receivables are monies owed to Council by ratepayers and other customers for the collection of rates, outstanding infringements, waste received at the landfill and other services that Council provides. September YTD, the receivables reflect the full year rates that have been generated that are payable by instalments. It is expected that by year end this balance will reduce to $75.2M, which is $38.9M higher compared to budget. This reflects the high take up of rates assistance measures including deferred payment arrangements.
Property, infrastructure, plant and equipment
The category of Property, infrastructure, plant and equipment predominantly represents the value of Council’s land, building, roads and landfill assets. The increase in this category is due to gifted assets and from assets constructed and acquired by Council as part of the annual capital works program.
Liabilities
Trade and other payables
Trade and other payables are those suppliers of operational and capital goods and services to whom Council owes money as at balance date.
Interest bearing loans and borrowings
Council has two borrowings under the program established by the Local Government Financial Vehicle (LGFV). A $40M loan which is due on 12 November 2021 and additional $15M due on 23 June 2026.
Cash Flow
Cash flow commentary
Q1 forecast cash flow highlights a closing balance of $543.6 which is $5.8M higher compared to 2021/22 budgeted amount of $537.8M. The key reasons for the cash flow movements can be explained as follows:
· $38.6M reduction in rates and charges collection due to the impact of COVID-19. Collection of rates compared to revenue is forecast at 95% against a historical average of 97.5%.
· Receipts from debtors are expected to decrease $24.1M in comparison to budget mainly due to the forecast reduction of monetary contributions from developers.
· Outflow of cash from Payment to Suppliers/Capital category is expected to reduce by $17.7M. This includes an expected decrease in capital spend partially offset by increases in outflow for landfill rehabilitation works and additional Materials and Services spend mainly from the forecast increase in EPA levy.
· Payments to employees is expected to reduce by $3.7M mainly due to vacancies and savings achieved in the first quarter which are expected to be realised for the full year.
· Borrowings of $30M for the Capital Works program have been deferred at this stage and will be reassessed in Q2 forecast depending on the cash flow requirements. The refinancing of an existing $40M loan facility (Current liability) will be considered in 2022.
· Reduction of of $6.0M in sale of assets including fleet sales.
· $1.2M of further reductions in interest from investments due to lower interest rates in the market than considered in the 2021/22 budget. Budget considered a weighted average interest rate of 0.63% compared to an actual average of 0.46%.
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Other Reports |
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Council Meeting Tuesday, 30 November 2021 |
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File No:
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Item No: 6.5.3 Director City Life - Allison Kenwood |
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Response to Notice of Motion 607: Improving Library Services in Wyndham |
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This report responds to Notice of Motion 607 which was endorsed at the Council Meeting on 25 May 2021. It provides a summary of the service and asset planning work undertaken to support the delivery of the Library Services Strategy 2018-2040. Service and infrastructure options outlined in the report have been developed to inform a future affordable network of library services that bring library services closer to the community to meet current and future demand.
Attachments
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1. |
Response to Notice of Motion 607: Library Service and Asset Planning Review |
Officers’ Declaration of Interests
Under Section 130 of the Local Government Act 2020, officers providing advice to Council must disclose any interests, including the type of interest.
Director City Life - Allison Kenwood
In providing this advice as the Director, I have no disclosable interests in this report.
Manager Service Planning, Partnering and Reform - Georgie Hill
In providing this advice as the Manager and Author, I have no disclosable interests in this report.
Key Issues
· Library Services in Wyndham
· Community Demand and Priorities
· Library Usage, Access and Catchments
· Asset and Infrastructure Implications
· Service and Infrastructure Options to Strengthen the Current Network and Reduce Access Gaps
· Ongoing affordability and potential funding sources
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RECOMMENDATION
That Council: 1. Note the response to Notice of Motion 607: Improving Library Services in Wyndham. 2. Consider service and infrastructure options when developing the Library Services Strategy Action Plan in 2022.
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Cr Jasmine Hill / Marcel Mahfoud
That Council: 1. Note the response to Notice of Motion 607: Improving Library Services in Wyndham. 2. Consider service and infrastructure options when developing the Library Services Strategy Action Plan in 2022. 3. Continue to advocate for additional funding to support the capital and operational funding for libraries in growth areas.
(CARRIED) |
1. Background
At the Council meeting on 25 May 2021, Notice of Motion 607 was carried:
That Council receive a report on library service and infrastructure planning by the Council Meeting in November 2021, including
a. an analysis on the accessibility (i.e. commuting distance and duration) of libraries for all dwellings in Wyndham,
b. the population serviced by each library as defined by the most accessible library for each dwelling
c. the capacity of each library as defined by the number of dwellings it is designed to service (limited by foot traffic, or other KPI),
d. benchmarking of service accessibility and utilisation (capacity versus serviced) against the Victorian average, and
e. options available to the council to improve areas of Wyndham that fall below the benchmark.
LIBRARY SERVICES IN WYNDHAM
The Library Service Strategy 2018-2040 (the Strategy) outlines Wyndham’s strategic direction and commitment to providing library services and assets for the Wyndham community.
As outlined in the Strategy, Wyndham’s Library and Community Learning Service offers five discrete services including: Collections, Information Services, Programs, Technology Access and Spaces.
The COVID-19 pandemic has changed the way our community engages with and accesses services. Models such as the library delivery service, online collections and programs have created the opportunity to reach further into the community without the reliance on buildings or face to face program delivery.
Wyndham’s library branch network includes five locations at Hoppers Crossing (Plaza), Werribee, Point Cook, Tarneit and Manor Lakes. The Strategy confirmed the need for an additional four libraries (which were included in the existing Precinct Structure Plans) and used a 3km radius to plan for indicative catchment sizes.
Future sites of library service provision indicated in Wyndham’s Precinct Structure Plans include:
· Black Forest Road North multipurpose community centre, Mambourin - current delivery date 2026
· Riverdale multipurpose community centre, Tarneit - current delivery date 2027
· Tarneit North multipurpose community centre, Tarneit - current delivery date 2029
· East Werribee Town Centre library, East Werribee Employment Precinct – current delivery date 2030+
The Precinct Structure Plans, which were all developed over five years ago, have predetermined the types of infrastructure and service to be delivered, the size of the land available and the amount of funding that will be contributed from developers. Each of the sites listed above is to be delivered as an integrated community centre offering services such as kindergarten, maternal and child health, library services and small and large indoor and outdoor spaces for community activities.
2. Relevant Law
Not Applicable.
3. Discussion
The Library Service Strategy will continue to provide the overarching direction to library service provision in Wyndham. It provides the framework for this service and asset review which outlines options for a contemporary, flexible and affordable network of services that reduces the reliance on infrastructure and supports new service models to improve equitable service access closer to where people live. The detailed response to the Notice of Motion is at Attachment 1.
BENCHMARKING AGAINST OTHER VICTORIAN LIBRARY SERVICES
An analysis of Wyndham’s library service compared to similar library services was completed to create better understanding of performance against other growth area councils, western metropolitan councils and municipalities of a similar population or physical size, as well as the Victoria average. The analysis provided the following insights:
· Library users are highly satisfied with Wyndham library services, with high satisfaction ratings compared to other councils across the board.
· Wyndham’s library service funding per capita is comparable to other growth area councils and municipalities of a similar geographical size, but are still below state average. Significantly, Wyndham currently receives the lowest per capita library funding from State Government of all Victorian municipalities.
· While the number of Wyndham library branches per capita is below the state average, it is on par with municipalities of a similar geographical size.
· Wyndham has an opportunity to take advantage of recent technologies to deliver new or expanded services including communication and engagement, digital collections, and diversifying non-computer technologies available to community.
· Wyndham’s performance results show it sometimes leads the field, sometimes performs on par with the state average, and sometimes trails other library services, illustrating that it (like all other libraries) uses a tailored approach to meet the needs of the local community.
The overarching insight from the benchmarking exercise is that library services vary widely, depending on community priorities, their local context and strategic drivers and adequate funding levels. This needs to be considered for Wyndham when determining service models and delivery.
COMMUNITY DEMAND AND PRIORITIES
Three key pieces of community research were completed to better understand current and future demand for library services in Wyndham, including preferences for access. This included an analysis of demographic information and forecasting and two community surveys to understand user satisfaction and future preferences for service access.
While benchmarking shows that Wyndham’s library service has areas of stronger and weaker performance when compared to other libraries, users are extremely satisfied with how Wyndham’s library services meet their specific needs. The community have told us that they are happy with current access, though they would like flexibility in the way services are offered. A summary of the insights include:
· High satisfaction and importance placed on library services
· Willingness to travel up to 15 minutes’ drive from home
· Existing libraries are popular but there is strong demand from community to access services in a range of ways when and where it suits their personal situation.
· Safety and convenience are important considerations for using services, including the risk of being exposed to COVID-19, accessible parking and being located close to other amenities and destinations.
· Strong support for library services to be offered online, in community settings and in activity centres.
· There is continued support for home delivery
· Strong support for extended opening hours of library in the evenings and on weekends.
· Strong interest in accessing programs in community centres, library lounges and online.
· Support for spaces to be available in town centres, library lounge, community centres and close to other amenities.
· Strongest unmet service needs appear to be programs that support a personal interest or hobby and spaces that can be used casually for leisure pursuits. These are also the two services of strongest interest for future access.
LIBRARY USAGE, ACCESS AND CATCHMENTS
There is no single indicator or benchmark that can be used to guide library service planning and service access points. Wyndham’s unique community and context requires a tailored response to local need. There are multiple elements to consider, including community preferences, proximity, location, usage patterns, accessibility and the amount of floor space made available to the public. All these elements require collective consideration in planning a library network, balanced against affordability and maximising public value.
Analysis shows that the majority of our residents who live within the urban growth boundary can travel to a library branch in 10 minutes in normal day time traffic, allowing for increased traffic and roadworks while still remaining within the 15 minute target. There are two areas, in the urbanised areas of Saltwater and Tarneit West (in the short term), that fall outside of this range currently, as well as the rural areas of Werribee South and Little River. These gaps can be addressed through targeted service delivery using existing infrastructure, additional programming or by utilising the new library programs van and book lookers, following the evaluation of the recently opened locket at Williams Landing Shopping Centre.
Based on access to floor space, analysis indicates that Werribee, Point Cook and Williams Landing, and Truganina and Tarneit are currently below the target ratio. The population growth in Williams Landing and Point Cook areas is not expected to be as great as the northern growth frontier of Truganina and Tarneit. Further projects planned through the Precinct Structure Plans in Truganina and Tarneit are expected to improve the Public Access Floor Space (PAFS) ratio. Likewise, the deficit in Werribee will be offset by the future library planned in the Precinct Structure Plan for delivery at Black Forest Road North (Mamborin).
While library floor space is one indicator of capacity to deliver library services within an area, other factors will also influence capacity such as opening hours. Areas that have lower ratios of floor space can be supported through alternate service delivery models and provision in surrounding locations.
Leveraging existing council services and infrastructure that are located close to activity centres, amenities and other services, such as Community Centres, will be a cost-effective way of delivering additional library services and programs, particularly in the short-term.
ASSET AND INFRASTRUCTURE IMPLICATIONS
Service planning identifies how, when and where a service is to be delivered based on community demand projections and financial projections, in order to maximise public value. A service-led response focuses first on providing services, with infrastructure provided only as needed to support these services. The overlay of land use planning considers how the location of supporting infrastructure delivery can align to the strategic land use vision for the municipality. For example, the positioning of higher order infrastructure (such as libraries) within activity centres, can influence place making and activation of the public realm.
Strategic land use considerations for libraries include:
· Ensuring the right location for infrastructure with a focus on activity and town centres.
· Co-location with other civic infrastructure, public transport, and landmarks.
· Planning to support service integration opportunities.
· Contributing to place-making and place identity.
· Identifying opportunities for strengthened urban design.
· Supporting the characteristics and design aspirations for local communities.
· Activating activity centres to ensure timely access to services and infrastructure.
The balance between meeting community demand, strategic land use priorities and ongoing affordability is a challenge. The review has determined that there are a number of implications in relation to infrastructure planning that need to be considered in determining the future library services network for Wyndham:
· In the Precinct Structure Plans (PSPs), four additional library branches are proposed to be integrated in planned community centres.
· Developer Contributions and proposed grants that Council is eligible for will be insufficient to deliver the anticipated scope of infrastructure required.
· At least one flagship library is required for a population the size of Wyndham. No existing library site has the capacity to fill this role. Consideration of the most appropriate locations and a funding strategy will be required.
· In the current state, the access gap in Saltwater will not be met by existing or planned library-specific infrastructure in the next 10 years. There is a need to consider alternate solutions together with programming and service responses such as regular visits by the library program van and more efficient use of existing community spaces.
SERVICE AND INFRASTRUCTURE OPTIONS TO STRENGTHEN THE CURRENT NETWORK AND REDUCE ACCESS GAPS
Service Options
Community research indicates that Wyndham’s existing libraries provide good access to library services across the municipality, with strong community satisfaction. The community has indicated a strong desire to use library services, but there is a wide variation in how people want to access them.
A service-led response will seek to deliver operational responses to build capacity and fill service gaps. The options available leverage existing workforce, resources and infrastructure, to tailor service delivery for local needs. Importantly it doesn’t rely on just an infrastructure response and therefore, can support Council’s financial sustainability.
These options include:
· Maximising access through joint programming with other Council services, outreach, extension of hours and online services
· Maximising efficiency through use of non-library infrastructure such as shopping centre, community centres and pavilions
· Innovate and diversify services through new technologies, using multiple modes of delivery (ie online, outreach and in branch)
· Working in partnership with other Council services and partner organisation to broaden reach and create an enhanced customer experience.
Infrastructure Options
There are a number of library infrastructure options that provide flexible and agile opportunities to deliver equitable access to library services across Wyndham. Diversifying the types of infrastructure provided allows for options to be tailored to the needs of the municipality as a whole, as well as the local communities they serve.
Our current network provides two of the six infrastructure options outlined below (branches and lounges). Most options provide access to all five core library services, they just vary in size and cost.
In November, a book locker was opened at the Williams Landing Shopping Centre and in early 2022, Council will also open a new library hub at the same centre to provide access to a curated collection and programs. The new Library programs van will also commence in early 2022 and will have scheduled visits across the municipality, focusing particularly on addressing the access gaps in Tarneit West, Saltwater and rural areas by bringing library services closer to where people live. Adding these options to the Wyndham Library network will provide Council with the opportunity to test and assess community access and support for these new approaches.
Ongoing consideration is required to assess how the options outlined below can be used to support the growth of the network in the medium to longer term to address current and future demand within the parameters of competing priorities and our Long Term Financial Plan.
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Options |
Description |
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Flagship Library
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Large centrally located library within a major activity centre with good access to public transport. Iconic civic infrastructure that aligns to the strategic land use aspirations for Wyndham and contributes to place-making
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Community Learning Centre Library Branch
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Co-located with other complementary uses such as Council services and retail settings. Most existing libraries are Community Learning Centre Branches. In future, the library component will be fully integrated within community centres to offer functional flexibility for spaces, programs and collections. This means grouping by interests or cohorts – for example, having the children’s collection and program area in the Maternal and Child Health waiting area.
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Library Lounge
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Integrated in a community centre within an activity centre. A Library Lounge will offer a curated collection, programs and spaces tailored to the community.
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Library Hub
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A library hub is a small space designed to meet an access gap. It can offer a reduced collection and programs and can be used flexibly for other purposes after-hours. Hubs could be leased spaces in activity centres or within repurposed community centres.
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Library Pop-Up Programs Van
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Allows for Library programs to be delivered in a range of community settings such as community centres and open space to meet service gaps. Scheduling and frequency will respond to community needs.
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Book Locker
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Support book collections and returns for library users who have limited access to a nearby access point. They can be co-located with Library Hubs, community centres or shopping centres.
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ONGOING AFFORDABILITY AND POTENTIAL FUNDING SOURCES
Public libraries across the state, including in Wyndham, are doing more with less. The situation is becoming untenable as long-term financial sustainability of services is threatened. Funding to support the delivery of new assets and the maintenance and renewal of existing assets is limited placing significant pressure on councils to prioritise finite resources. A stronger commitment from the State Government is required to increase operational and capital funding for Wyndham’s libraries.
Locally, service planning and infrastructure delivery must be aligned to support Wyndham’s Long Term Financial Plan. The affordability of future library infrastructure is dependent on availability of land, size of the building, funding provided through developer contributions and grants, and in what year it is to be delivered.
The primary source of funding for library infrastructure over the next ten years is developer contributions, which are collected for infrastructure within an area, and State Government grants. Based on current estimates, developer contributions earmarked for the four planned projects will only contribute approximately half of the funding required. The current State Government grant programs available to support capital for libraries is the Growing Suburbs Fund and Living Libraries Program. Both programs are limited in the amount that can be accessed and would not be sufficient to cover the difference between Developer Contributions and the estimated cost of the projects.
Victoria’s Infrastructure Strategy 2021-2051, released in August 2021, includes the following recommendation relating to library infrastructure funding:
‘Recommendation 73: Fund libraries and aquatic centres in growth areas in the next five years, increase funding to support local governments to plan and deliver libraries and aquatic recreation centres in Melbourne’s seven growth area municipalities.’
The strategy recommends that each of Melbourne’s seven growth area local governments should receive from the Victorian Government up to $100,000 for library planning. It also recommends that the Victorian Government should fund up to one-third of the cost of new facilities, capped at $10M, with local governments to provide funding for the remaining capital costs and operational expenses. At this point, the Victorian Government has not responded to the recommendations made by Infrastructure Victoria.
The affordability of a future library services network also needs to consider operating costs, including asset maintenance and renewal, collections renewal, technology requirements, workforce costs utilities and in some cases, leasing costs. These costs will continue to increase as the network expands. Current operational funding provided by the State Government is not keeping pace with the demand on service due to the population growth.
4. Council Plan
Council’s newly adopted Council Plan 2021-25 includes the following action under our commitment to Earning and Learning: A Thriving City:
6.3 Provide opportunities for lifelong learning, through a place-based approach to the management and delivery of neighbourhood hubs and libraries
5. Other Council Strategies, Plans and Policies
The Library Service Strategy 2018 – 2040, outlines Wyndham’s service’s strategic direction and commitment to providing library services and assets for the Wyndham community in a period of continued growth.
6. Regional, State and national plans and Policies
This work is also informed by the ALIA Australian Public Library Alliance (APLA) which is the peak body for public libraries in Australia and People Places; a guide for planning public libraries by the State Library of NSW.
7. Financial Viability
No financial decisions are required at this point for the Response to Notice of Motion 607: Improving Library Services in Wyndham.
The options outlined in this report will be considered as part of the next five-year Library Services Strategy Action Plan to be developed in 2022 and through future business cases presented to Council as part of annual budget processes.
8. Sustainability Implications
Not applicable
9. Options
Service and infrastructure options are outlined in the discussion section.
10. Community Engagement
Two research methods have been used to engage directly with community to inform the review, attracting over 1,600 responses.
1. Wyndham Library User Survey (971 responses) – the purpose of this survey was to understand current preference of library users and non-users. It was widely promoted through social media and to library users in July and August.
2. Community Research Survey (656 responses) – the purpose of the online survey was to understand how our community members would prefer to access each of the five library services. Survey participants were drawn from research panels and from Wyndham’s new People’s Advisory Panel.
Community members will continue to be involved in shaping the future of service and through co-design of service models and infrastructure into the future.
11. Communication Strategy
Not applicable.
12. Innovation and Continuous Improvement
The service and asset options outlined in this report have considered contemporary and innovative strategies to improve equitable access to a network of libraries services without the unsustainable reliance on traditional infrastructure solutions.
13. Collaboration
Not applicable.
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ATTACHMENT No: 1 - Response to Notice of Motion 607: Library Service and Asset Planning Review |
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Item No: 6.5.3 |
Contents
Purpose of library service and asset review
Strategic and legislative context
A snapshot of Wyndham library services
Community demand and priorities
Wyndham library user survey
Community research via survey
Demographic analysis and forecasting
Summary and implications
Access, usage and catchment data
Library use
Access patterns
Catchments by library branch
Catchments: travel time
Library capacities
Summary and implications
Additional considerations
Strategic land use considerations
Flagship Library
Integrated service delivery
Ongoing affordability and funding
Summary
Service and infrastructure responses
Service options
Infrastructure options
Next Steps
Purpose of library service and asset review
Service planning work is required to support the delivery of the Library Service Strategy 2018-2040 and ensure that the provision of services is guided by and responsive to growth requirements and community demand.
On 27th May 2021, a notice of motion was passed requesting a report on library service and infrastructure planning by the Council Meeting in November 2021, including:
a. an analysis on the accessibility (i.e. commuting distance and duration) of libraries for all dwellings in Wyndham,
b. the population serviced by each library as defined by the most accessible library for each dwelling
c. the capacity of each library as defined by the number of dwellings it is designed to service (limited by foot traffic, or other KPI),
d. benchmarking of service accessibility and utilisation (capacity versus serviced) against the Victorian average, and
e. options available to the council to improve areas of Wyndham that fall below the benchmark.
In response, this report summarises the service planning work that was completed from June to September 2021 to respond to the notice of motion and achieve the following:
· Review library service planning to support the Library Service Strategy 2018-2040.
· Better understand how the community want to access and use libraries.
· Support flexible, affordable, and sustainable service delivery into the future.
· Provide options based on community demand and feedback.
The work has been guided by the following elements:
· Clear strategic and legislative context.
· Evidence of growth, community demand and priorities.
· Updated library access, usage and catchment data.
· Strategic land use considerations.
· Identified service delivery gaps and integrated service delivery opportunities.
· Assets and infrastructure implications.
· Ongoing affordability and funding.
Strategic and legislative context
Aligning to the current strategic goals of the organisation is critical in setting context.
Wyndham’s Library Service Strategy 2018-2040 provides the strategic intent and direction for Council’s ongoing provision of contemporary library services and facilities in a period of continued growth. The strategy:
· Positions Wyndham Libraries to play a key role in Wyndham being a ‘Smart City’.
· Examines how the libraries, as a vital and valuable community asset, will support the achievement of the Wyndham 2040 Vision.
· Considers future library service provision across the municipality and will keep local libraries at the forefront of new library developments in technology, infrastructure and service provision.
Wyndham’s new Integrated Strategic Planning, Reporting and Monitoring Framework positions ten-year service and asset planning as a critical part of meeting long-term strategic goals contained in the Council Plan, Long-Term Financial Plan and Asset Management Plan.
This work is also informed by the ALIA Australian Public Library Alliance (APLA) which is the peak body for public libraries in Australia and People Places; a guide for planning public libraries by the State Library of NSW.
A snapshot of Wyndham library services
The Library Service is busy and thriving and supports a wide cross-section of Wyndham’s community in a variety of ways.
Current library branches
There are five dedicated library branches across the City servicing our current population of 302,650. Whilst there has been a reduction of use of libraries over the last 12 months due to COVID-19, all library services remain among the most highly valued and utilised services by the Wyndham community. Customer satisfaction with libraries remains consistently high, with above average ratings when compared to library services in similar municipalities (growth area councils, western metropolitan councils, municipalities of similar area and population), as well as the Victorian average.
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Branch |
Opening Hours |
Co-located services |
Users |
Collections checked out (20/21) |
New user registrations |
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Hoppers Crossing |
M-T: 9:30am - 8pm W: 9:30am - 6pm T: 9:30am - 10pm F: 9:30am - 6pm Sun: 1:30pm - 5pm |
Pacific Werribee |
36,985 |
233,539 |
1649 |
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Point Cook |
M - T: 10am - 6pm W - T: 10am - 8pm F: 10am - 6pm Sun: 1:30pm - 5pm |
Community Centre, Kinder, MCH |
24,044 |
332,962 |
2018 |
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Julia Gillard Library Tarneit |
M - T: 9am - 8pm W - F: 9am - 6pm Sat: 12pm - 4pm |
Community Centre, Kinder, MCH, youth |
20,762 |
180,897 |
1675 |
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Werribee |
M - W: 10am - 6pm T: 10am - 8pm F: 10am - 6pm Sat: 12pm - 4pm |
Cultural centre, Art Gallery |
10,121 |
54,261 |
817 |
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Manor Lakes |
M - T: 10am - 6pm W: 10am - 8pm T - F: 10am - 6pm Sat: 12pm - 4pm |
Community Centre, Kinder, MCH, youth |
9,343 |
117,213 |
941 |
Planned library branches
As part of this review, planned infrastructure delivery will be considered to ensure the full library network supports equitable access across the municipality and application of new services models and technology, in order to more efficiently balance community need and long term affordability.
In the short term, a pop-up programs van and library hub at Williams Landing are due to commence operations in early 2022. A book locker within the Williams Landing Shopping Centre recently opened in November.
Four additional library branches of varying size have been included in Precinct Structure Plans in our growth areas for delivery over the next ten years. These future branches were planned to be co-located and built within planned community centres, allowing the community to access various services in one location.
· Truganina library lounge at multipurpose community centre - current delivery date early 2024.
· Riverdale library (Tarneit North) at multipurpose community centre - current delivery date 2027.
· Black Forest Road North library (Mambourin) at multipurpose community centre - current delivery date 2026.
· Tarneit North library at multipurpose community centre, Tarneit - current delivery date 2029.
The location of these sites and the size of land allocated has been predetermined through the Precinct Structure Planning processes led by the State Government. This also links to the Developer Contributions that have been collected to put towards the delivery of these sites. There is little flexibility to move within these set parameters without incurring additional costs for the acquisition of land and delivery of infrastructure.
Funding was also committed in a previous Council Budget to scope a library and community centre at Williams Landing. This project was stopped when the COVID-19 pandemic commenced in 2020. Land has not been secured and there are no developer contributions or grants allocated for this project.
There is also a library branch planned for the East Werribee Employment Precinct however this is likely to be further than ten years away from delivery and is subject to State Government commitment to the precinct.
Library services
Wyndham’s Library and Community Learning Service offers five core services to the community, which are predominately delivered through the network of library branches:
1. Collections: offer physical and digital content and collections, including general, specialist, local studies, heritage and cultural collections.
2. Information services: support people to identify and access the information, resources and content they need while building their information literacy.
3. Programs: reading, literacy, learning, wellbeing, cultural and creative programs.
4. Technology access: access to computers, the internet, printers, scanners and other mainstream technology, as well as support in developing digital literacy.
5. Spaces: spaces where people can relax, work, meet, learn, connect and create.
Benchmarking against other Victorian library services
An analysis of Wyndham’s library service compared to similar library services was completed to create better understanding of performance against other growth area councils, western metropolitan councils and municipalities of a similar population or physical size, as well as the Victoria average. The analysis provided the following insights:
· Library users are highly satisfied with Wyndham library services, with high satisfaction ratings compared to other councils across the board.
· Wyndham’s library service funding per capita is comparable to other growth area councils and municipalities of a similar geographical size, but are still below state average. Significantly, Wyndham currently receives the lowest per capita library funding from State Government of all Victorian municipalities.
· While the number of Wyndham library branches per capita is below the state average, it is on par with municipalities of a similar geographical size.
· Wyndham has an opportunity to take advantage of recent technologies to deliver new or expanded services including communication and engagement, digital collections, and diversifying non-computer technologies available to community.
· Wyndham’s performance results show it sometimes leads the field, sometimes performs on par with the state average, and sometimes trails other library services, illustrating that it (like all other libraries) uses a tailored approach to meet the needs of the local community.
The overarching insight from the benchmarking exercise is that library services vary widely, depending on community priorities, their local context and strategic drivers and adequate funding levels. This needs to be considered for Wyndham when determining service models and delivery.
Community demand and priorities
Better understanding Wyndham’s growth requirements and the ways in which the unique and diverse community want to use library services is critical to directing future service provision.
Three key pieces of work were conducted in 2021 to provide a comprehensive picture of current and future community demand for library service access in Wyndham. This essential in order to maximise the public benefit while providing an affordable library service. The emerging picture is that of a community that is highly satisfied and engaged with library services, while seeking greater variety in service offerings, and flexibility in how they can be accessed. Common themes and key points have been outlined below.
Wyndham library user survey
Library users are surveyed every two years, to gather information about their use of libraries, level of satisfaction and suggested improvements. A total of 972 community members responded to the online and paper-based survey in July and August 2021, providing the following insights:
· Most library users are highly satisfied with services provided, with no significant difference according to library branch.
· Currently, Library users most often access library services at a library branch or online.
· Three quarters of library users drive to the library, with most of the remainder walking or catching public transport.
· While individuals’ access and use different services to meet their own needs, the overall mix of services used at different branches is relatively consistent.
Community research was conducted to better understand how Wyndham residents want to be able to access library services in the future.
A representative sample of 656 Wyndham residents, both library users and non-users, responded to an online survey to tell us:
· Which library services residents want to access, on a service-by-service basis.
· Factors impacting service access including frequency of use, travel, service location and key considerations.
Overall library service demand
The research identified the following trends:
· Overall, Wyndham residents are highly interested in accessing services that are provided by libraries. Strongest interests are in accessing spaces and programs, that support personal interests, hobbies and leisure.
· For many, the library branch remains the first consideration for accessing services, supported by an overall strong interest in online services.
· People are most likely to drive to access services, with around three quarters of people being willing to drive up to 15 minutes. Relatedly, parking is one of the most consistently important considerations to accessing libraries.
· Safety and convenience are important considerations for using all services, such as the risk of being exposed to COVID-19, accessible parking and being close to home or another destination.
· The Wyndham community wants the flexibility to use services when and where it suits their personal situation. No single mode of service delivery will be acceptable to everyone.
· When asked to describe their ideal library of the future, Wyndham residents believe it requires a more inviting environment with a mix of open and closed spaces, that uses technology for a range of purposes.
Service-by-service demand
Service demands and opportunities based on the research conducted have been summarised below.
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Service |
Popular options for service provision |
|
Programs |
- Prefer delivery from town centres, online, a library lounge, community centres. - Include options for weekday evenings. - Important to be close to people’s homes. |
|
Spaces |
- Prefer delivery from town centre, community centres and library lounges. - Include options for weekends (mornings and afternoons). - Made available for frequent use (at least once per week). - People are willing to travel further to access. - Important that it’s located near where people are already going, and other amenities. |
|
Collections |
- Options to include online, 24/7 book locker, town centre or home delivery. - Important that it’s accessible any time of day, and close to where people are already going. |
|
Technology |
- Prefer delivery from town centre, online, library lounge, community centre. - Expanded availability weekday evenings and weekend afternoons. - Important that it is accessible any time of day. |
|
Information services |
- Extremely high interest in online service with 81% of respondents likely to access this. - Prefer delivery from town centre, library lounges, community centres, shopping centres. - Important that it’s close to home, provides the latest resources and information, library staff are available. |
Overall, library branches should continue to be Wyndham’s primary mode of service delivery. Community feedback indicated that residents should be located within a 15-minute drive of a library branch in metropolitan areas. It also indicated a high interest in supplementary service delivery methods, to meet the different needs of our residents and fill service gaps.
 |
Quotes from respondents to the Wyndham Library User Survey, 2021
Demographic analysis and forecasting
Wyndham’s growth has and will continue to be high over the next 10 years+, triggering a challenge for Council in how to service increasing needs and expectations and ensure ongoing affordability. This growth is concentrated in Tarneit, Truganina, Manor Lakes, Wyndham Vale and Werribee over the next 10 years to 2031, with Tarneit, Manor Lakes and Werribee continuing to see significant increase in population until 2041.
Population summary
|
City of Wyndham |
Forecast year |
2021 to 2031 |
2031 to 2041 |
||||||
|
Locality |
2021 |
2026 |
2031 |
2036 |
2041 |
people |
% |
people |
% |
|
Hoppers Crossing |
39,697 |
39,231 |
39,136 |
39,271 |
39,682 |
-561 |
-1 |
546 |
1 |
|
Little River - Rural West |
908 |
1,146 |
2,839 |
4,344 |
5,196 |
1,931 |
213 |
2,357 |
83 |
|
Manor Lakes |
10,087 |
17,294 |
25,608 |
36,652 |
41,455 |
15,521 |
154 |
15,847 |
62 |
|
Point Cook |
68,088 |
72,283 |
76,443 |
80,283 |
82,085 |
8,355 |
12 |
5,642 |
7 |
|
Tarneit |
53,707 |
71,883 |
91,205 |
115,172 |
131,161 |
37,498 |
70 |
39,956 |
44 |
|
Truganina |
37,574 |
48,644 |
52,220 |
53,581 |
52,803 |
14,646 |
39 |
583 |
1 |
|
Werribee |
55,851 |
66,494 |
75,602 |
83,728 |
98,900 |
19,751 |
35 |
23,298 |
31 |
|
Werribee South |
2,835 |
3,091 |
3,181 |
3,262 |
3,334 |
346 |
12 |
153 |
5 |
|
Williams Landing - Laverton North |
10,238 |
12,056 |
12,695 |
12,478 |
12,302 |
2,457 |
24 |
-393 |
-3 |
|
Wyndham Vale |
23,665 |
32,041 |
38,431 |
40,625 |
45,671 |
14,766 |
62 |
7,240 |
19 |
|
City of Wyndham |
302,650 |
364,162 |
417,361 |
469,396 |
512,591 |
114,711 |
38 |
95,230 |
23 |
Source: Population and household forecasts, 2016 to 2041, prepared by .id (informed decisions), November 2019.
The Australia Bureau of Statistics has published information on who is most likely to use and to value libraries in Australia.
· Younger people are more likely to access library services, including children, young people and younger adults.
· People with children are highly likely to describe libraries as ‘very important’ for their children.
· People from higher socioeconomic backgrounds and with higher educational attainment are more likely to value libraries.
· People not employed visit more often than those in employment.
Demographically, the majority of these characteristics are associated with growth area suburbs (Truganina, Tarneit, Wyndham Vale, Manor Lakes) compared with established suburbs (Werribee, Hoppers Crossing, Werribee South), indicating an overall higher demand for libraries in growth areas now and into the future (as indicated by yellow highlighting)
|
|
Established areas |
Growth areas |
|
Growth |
- Low or negative |
- High |
|
Age profile |
- Older age profile - People ageing in place
|
- Younger age profile - More young children and parents in the 25-34-year age. |
|
Household composition |
- Higher rate of couples without dependents and lone person households - Below average household size |
- Higher rate of couple families with dependent children - Above average household sizes
|
|
Socioeconomic status* |
- Lower SEIFA score |
- Average to higher SEIFA score |
|
Education |
- Fewer tertiary qualified people |
- More tertiary qualified people |
|
Cultural and linguistic diversity |
- Higher rates of English mono-lingual people
|
- Higher rates of multi-lingualism and languages other than English spoken in the home. - Greater proportions of people born overseas |
Data from population .id (2021) *SEIFA data from Australian Bureau of Statistics (2016)
Wyndham’s existing library network does an excellent job of meeting the needs of many Wyndham residents. Meeting the changing needs of a growing community in a financially responsible manner requires innovative thinking. Supplementing this network with varied models of service delivery will support broader access and more fully meet the full diversity of community needs. However, the demand for additional points of access through new infrastructure needs to be balanced with the network being affordable and sustainable.
Key findings include:
Infrastructure considerations
· Most people to be within 15 minutes’ drive of their nearest service delivery point, in normal daytime traffic, excluding areas outside the urban growth boundary.
Non-infrastructure considerations
· Improve access to spaces and programs that support leisure and personal interests. These should be accessible and can be provided by libraries and non-library services, from library branches or other locations such as community centres, library lounges and town centres.
· Expand virtual delivery of services, particularly information services.
· Ensure services and spaces are flexible to support the diverse needs of different library users.
· More access outside standard business hours including longer opening on weekends and evenings, 24/7 and on-demand service delivery methods that don’t require staff presence.
Access, usage and catchment data
Library access and use is highly dependent on characteristics of the library branch itself, like location, design and opening hours rather than being determined by simple proximity.
There is no single indicator or benchmark that can be used to guide library service planning. Traditionally, population triggers or distance have been used to assist in planning. Recently, Infrastructure Victoria published the “Background Paper – Social Infrastructure in Melbourne’s New Growth Areas” (September 2021). This paper compared the number of libraries provided to population levels in local governments across the state. It estimates that Wyndham has one library branch per 60,000 residents, compared to the state average of one per 41,000 residents. This was a similar result for other growth Councils but isn’t the ideal basis for service planning.
Based on feedback from the community, a more nuanced approach is required when considering service access. There are multiple elements to factor in, including community preferences for how they want to use and access the service, proximity to home and common destinations, co-location with other services, how easily the service is accessed and the amount of space that is available to the public. All these elements require collective consideration.
The information presented in this section shows that the library branches that are most accessible to Wyndham’s residents, are those that are in a convenient location within an acceptable travel distance. The ability of libraries to deliver services to its users varies across individual branches, however access and usage can be increased by extending service opening hours, offering flexible service locations, delivering services using non-traditional methods and by increasing the access and quality of online services.
The following image shows the rates of library-using households across the municipality in 2019. It shows households with an active library user, as a proportion of total number of households. The higher the proportion, the brighter the colour.
Map: Proportion of households with one or more active library users 2019
The following patterns were identified:
· High rates of library use in the growth areas that ring Wyndham’s established areas.
· Lower rates in both established and rural areas.
· Rates of usage aren’t strongly correlated with proximity to a library branch, particularly around Werribee, Hoppers Crossing and Point Cook libraries.
This aligns with previous demographic analysis, which indicated higher demand for libraries in growth areas.
The following images show active library users who used their library card in 2019. This relates to borrowing of collections (physical or virtual) and use of computer/technology services.
Note: 2019 data used due to 2020/21 data not being representative of normal library usage patterns.
Map: Library user access patterns (2019)
Wyndham’s five library branches are denoted by a coloured triangle, with households with an active library user identified by a corresponding coloured dot.
The coloured dots broadly cluster together in catchments around each library branch, indicating a tendency of library users to use a branch closest to them.
However, viewing users of each library branch in isolation (below) provides a more informative view of how Wyndham residents use the different branches.
Map: Library user access patterns Werribee Library (2019)
Map: Library user access patterns Hoppers Crossing Library (2019)
Map: Library user access patterns Point Cook Library (2019)
Map: Library user access patterns Manor Lakes Library (2019)
Map: Library user access patterns Julia Gillard Library Tarneit (2019)
These maps provide the following insights:
· Manor Lakes and Tarneit libraries have the most tightly-defined catchments, with fewest users from outside their catchment.
· Werribee and Point Cook libraries also have quite defined catchments, however with a greater number of users from across Wyndham.
· Hoppers Crossing Library has a broad catchment from across Wyndham.
· Wyndham’s rural areas do not have their own library catchment and have not been included on this diagram. Analysis shows that most rural library users visit Hoppers Crossing or Werribee library, with a significant number using Point Cook. Visits from rural residents aligns with those library branches located in major activity centres.
This indicates that:
· Library branches with the most clearly defined catchments and least broad reach are located in growth areas, in more residential areas.
· Library branches that are located in a major activity centres (Point Cook and Werribee) are associated with a greater distribution of library users.
· Hoppers Crossing Library is located at Pacific Werribee and houses the special collections. This major shopping centre draws people from across Wyndham, supported by excellent public transport access. This is reflected in the Wyndham-wide catchment for this library branch.
· Provision of library branches in major activity centres, maximises access and use of library services, most effectively meeting community need and achieving public value.
As indicated in the library services community research, ensuring that most people are within 15 minutes’ drive of their nearest service delivery point in normal daytime traffic, will meet the access requirements of the majority of Wyndham residents in the urban areas. This level of service access to bring library services closer to where people live will be enhanced by flexible, outreach and targeted responses.
A spatial analysis was conducted of driving time to existing library branches:
· Rings of progressively darkening colour define drive time to a library branch as 5, 10, 15 and 20 minutes.
· An ideal travel time of 10 minutes is an appropriate benchmark, as this allows a travel buffer for heavier traffic over time, roadworks and other delays.
· Grey shading represents residential areas of Wyndham.
Map: Service access gap based on travel time in normal day-time traffic.
Most urban areas fall within a 10 minutes’ drive (in normal weekday, daytime traffic) of a library branch, with the exception of:
· The south-east Point Cook (Saltwater)
· Tarneit West
The Tarneit West access gap will be serviced by the planned Riverdale library, so meeting service needs prior to that may require a flexible solution. The south east of Point Cook remains the only urban residential area with travel times that exceed 10 minutes with no planned infrastructure solution through the current Precinct Structure Plans. Non-infrastructure service and program responses, such as the pop-up program van will be able to assist in reducing the access barrier in the short-term.
A small number of residences in Mount Cottrell that are on the edge of the growth frontier have a longer drive as do other more rural areas of the municipality in Werribee South and Little River. These areas will also require flexible solutions to bring library services closer to where they live.
Traditionally, the capacity of libraries to provide services and meet need is based on the ratio of Public Access Floor Space (PAFS) to the population.
· People Places strategic library planning document outlines a target of 28sqm of public access floor space per 1000 population.
· The Wyndham Library Service Strategy outlined a target for Wyndham of 26-28sqm PAFS/1000 population.
· Wyndham’s current PAFS ratio is 16 sqm PAFS/1000 population.
However, there are several additional factors to consider:
· Wyndham is beginning to provide outreach to improve access to library services, such as online service delivery, a 24/7 book locker and a popup library programs van. These services increase library access without a corresponding increase in PAFS.
· Wyndham’s Community Centres provide spaces, programs, some technology and information services. This overlap can help to meet some of the demand for library services, without contributing towards PAFS.
· Non-council infrastructure can be used to support access to library services, including schools, pop-up workspaces and parks.
· Increasing operating hours of libraries will increase the total number of library hours and provision of services, without a corresponding increase in PAFS. This would impact on staffing costs rather than capital investment.
· Information on PAFS isn’t collated for Victoria Public Libraries, so benchmarking against other municipal library services is not possible.
Whilst PAFS remains a useful indicator to forecast the capacity of library infrastructure to meet demand across Wyndham as a whole, and in library catchment areas, the calculations do not consider spatial relationships and should be understood in combination with mapping, an analysis of real-life usage patterns and the community preferences around service delivery.
An analysis has calculated the PAFS for each of Wyndham’s library catchments (estimation based on planned infrastructure). Suburbs have been grouped to their nearest library branch. There is not a library branch in all suburbs.
|
|
Population in 2021 |
Publicly Accessible Floor Space |
PAFS Ratio |
|
Hoppers Crossing |
39,697 |
1321 |
33 |
|
Werribee |
55,850 |
483 |
9 |
|
Manor Lakes and Wyndham Vale |
33,753 |
856 |
25 |
|
Point Cook and Williams Landing |
78,323 |
1032 |
13 |
|
Truganina and Tarneit |
91,281 |
1225 |
13 |
|
TOTAL |
302,648 |
4917 |
16 |
Based on PAFS alone, this indicates that Werribee, Point Cook and Williams Landing, and Truganina and Tarneit are currently below the target ratio. The population growth in Williams Landing and Point Cook areas is not expected to be as great as the northern growth frontier of Truganina and Tarneit. Further projects planned in Truganina and Tarneit are expected to improve the PAFS ratio. Likewise, the deficit in Werribee will be offset by the future library planned for delivery at Black Forest Road North.
Some key points of library access, usage and catchment data:
· There is no universally accepted benchmark to guide library service planning. Library use and access is determined by a mix of library location, proximity to residences and common destinations, and convenience for the patron. Individuals will use the library service that is most appropriate for their own circumstances.
· Most residences fall within an acceptable travel time of a library, with two pockets (Saltwater and Tarneit West – short term) able to be supported through targeted and flexible service delivery.
· While library floor space is one way to view the capacity of library services within a catchment area, other factors can be considered to boost this (such as longer opening hours, online services and promotions of programs). Library catchment areas with lower ratios of floor space can be supported to achieve this.
· Leveraging existing Council services and infrastructure that is located close to activity centres, amenities and other services (such as Community Centres) will be a cost-effective way of delivering library services.
These points can be used to help balance the community priorities outlined previously, with the need to deliver an affordable and cost-effective library services over the next 10 years and beyond.
Strategic land use considerations
There is an important relationship between service planning and strategic land use planning. For libraries, the review and planning of service and infrastructure delivery requires consideration and alignment with land use plans. In particular; Precinct Structure Plans which provide the blueprint for future development and investment, Urban Design Frameworks and The Wyndham Plan which will set the long-term direction for sustainable and aspirational development in Wyndham within the Urban Growth Boundary.
Strategic land use considerations for libraries include:
· Ensuring the right location for infrastructure with a focus on activity and town centres.
· Co-location with other civic infrastructure, public transport, and landmarks.
· Planning to support more integrated and efficient service delivery.
· Planning that contributes to place-making and place identity.
· Identifying opportunities for strengthened urban design.
· Supporting the characteristics and design aspirations for local communities.
· Activating activity centres to support timely service access.
Library services play a key role in supporting, connecting and strengthening the community and can contribute to the development and enhancement of local areas, so all of the above elements require consideration. The data presented in this report which demonstrates demand and priorities for library services has been considered together with advice provided by Wyndham’s Strategic Land Use Planning team to ensure there is alignment in future planning.
The value of a flagship library is well documented in other municipalities and a least one is warranted given Wyndham’s projected growth. Flagship libraries would be substantially larger than the current branches and would offer a greater range of spaces, services and programs. It is anticipated that any flagship libraries would service the whole municipality as a destination, and therefore the siting will need to consider access to active and public transport and be located in areas strategically aligned to Wyndham’s land-use planning vision.
Werribee is currently positioned as the City Centre of Wyndham and could be further explored as a potential location for a future flagship library. The current location and size of the Werribee Library is incongruent with the strategic land use planning aspirations of Werribee, and the future of the Werribee Library is dependent on further strategic planning and the future expansion of the Cultural Centre.
There is a strategic opportunity to explore an alternative location for a flagship library at East Werribee/ Hoppers Crossing which would support the future needs at that location. The East Werribee Precinct Structure Plan includes a library as part of the future town centre adjacent to the justice precinct and land will be allocated to support its delivery. If it is determined that a flagship library should be located within East Werribee, developer contributions will be available to contribute to the library cost.
From a strategic land use planning perspective, there is also merit in considering locating a flagship library near the Hoppers Crossing train station and activity centre. An investment of this scale would support Council’s aspirations for the development of that precinct as a strategically important activity centre.
To service the northern growth areas, the Riverdale site where a library and community centre is already included in the Precinct Structure Plan would be ideally located to offer a dedicated children’s flagship library. This would service the demographics of the area which is predominately made up of young families and would act as a catalyst and civic precinct for the activity centre.
Regardless of the positioning, the addition of one or more flagship libraries would provide an opportunity to complement our contemporary library network, giving customers access to cutting edge technologies, resources, special and larger collections and spaces within an accessible and central location. Creative, iconic architecture can also create a sense of place and identity, attract regional interest and can invigorate not only its local area but also the entire municipality. The placement and funding strategy of a flagship library does require further strategic consideration.
Library service planning presents an opportunity to further Wyndham’s progression in delivering more integrated services. The library branches that are planned to be delivered over the next ten years are positioned within multi-use community centres. While the co-location alone of various services can make access easier for the community, there is an opportunity to be more integrated in their delivery. Rethinking service delivery and considering the connections between Wyndham’s library services and other Council services such as kindergartens, maternal and child health services and community spaces can create a more seamless and convenient customer experience. This would enable services and spaces to be grouped by user and function, as well as more creative use of spaces. So we could see early years library collections located in maternal and child heath waiting rooms and playgroup spaces, quiet study spaces located near counselling or multifaith rooms, library books available to borrow while having a coffee from the Centre café or kitchenette, and library programs run in outdoor spaces with access to community centre amenities. As well as more efficient use of space, this supports library users to connect with and use a broader range of spaces, programs and activities provided by non-library services, a need highlighted in the community research survey.
Ongoing affordability and funding
The balance between meeting community demand and expectations and affordability is a challenge, especially in a strong period of growth. Reliable service planning can directly assist with this and must support Wyndham’s new Long-Term Financial Plan which outlines the financial modelling for the next ten years. The affordability of future library infrastructure is dependent on availability of land, size of the building, funding provided through developer contributions and grants, and in what year it is delivered.
Developer contributions
The primary funding sources for the provision of library infrastructure over the next 10 years is developer contributions which are collected for specific projects, and also State Government grants.
Whilst funding for the planned library services to be delivered at Riverdale, Black Forest Road North and Tarneit North have been used to inform the Long-Term Financial Plan, the amounts represent the total costs of the planned multi-purpose community centres which the libraries are a portion of. The Developer Contributions and grants assumed for these projects will not be sufficient to meet the estimated costs to deliver the centres and therefore additional funding will be required to support their delivery.
Based on current estimates, developer contributions earmarked for these projects are currently planned to service approximately half of the cost for these planned community centres. Developer contributions can be redistributed in certain circumstances where two projects are covered by the same Developer Contribution Plan. An example of this is Tarneit North and Riverdale.
Government grants
For each of the future community centres, the Building Blocks Partnership Agreement between Council and the State Government will provide $3M for the kindergarten component. Other potential grant opportunities include the Living Libraries Fund (up to $1.5M through an annual grant program), and the Growing Suburbs Fund (up to $7.5M across all projects, not traditionally more than $3M per project). The Growing Suburbs Fund is currently not a recurrent funding program and is subject to budget provision annually. More recently, the Growing Suburbs Fund has expanded eligibility to peri-urban councils who are not faced with the same infrastructure growth challenges as municipalities like Wyndham.
Victoria’s Infrastructure Strategy 2021-2051 released in August 2021 includes the following recommendation relating to library infrastructure funding:
‘Recommendation 73: Fund libraries and aquatic centres in growth areas in the next five years, increase funding to support local governments to plan and deliver libraries and aquatic recreation centres in Melbourne’s seven growth area municipalities.’
The strategy recommends that each of Melbourne’s seven growth area local governments should receive from the Victorian Government up to $100,000 for library planning. It also recommends that the Victorian Government should also fund up to one-third of the cost of new facilities, capped at $10M, with local governments to provide funding for the remaining capital costs and operational expenses. At this point, the Government has not responded to the recommendations.
Operating costs
Viewing the cost of planned infrastructure alone presents a risk, as ongoing operating costs and revenue are important factors to consider when planning a network of services. Operating costs include asset maintenance and renewal, collections renewal, technology requirements, workforce costs and utilities, and in some cases leasing costs. The more the network expands through the creation of new assets, the higher the budget required to service the assets will become.
Current operational funding for library services from the Victorian Government is insufficient to keep up with demand impacted by population growth. Public libraries across the state are doing more with less, the situation is becoming untenable as long-term financial sustainability of services is threatened. In 2020-2021, the State Government contributed only 14.69% of the overall funding required to operate Wyndham’s Libraries, and Council contributed 85.31%.
The Long-Term Financial Plan includes some general assumptions to estimate future operating costs based on current costs including increases for population and CPI.
Delivering a contemporary library network for the Wyndham community requires flexibility and an approach that is financially sustainable and based on meeting current and future service needs, not just delivering infrastructure.
Building on a strong network
Wyndham’s existing library branches do an excellent job of providing access to library services across the municipality, with strong community satisfaction. There is a strong desire to use library services, but a wide variation in how people want to access them. Library branches are the most popular way of accessing library services, but they should not be relied on as the only method.
Planning considerations for flexible, affordable models of service delivery
Whilst there are indicators to guide the planning and delivery of library services and infrastructure, there is no one preferred model. Wyndham requires a model which is tailored to its community and considers community preferences and demand as a priority, balanced with other considerations including strategic land use planning, integrated service delivery options, affordability, advocacy and funding opportunities and ultimately, libraries’ role in a thriving municipality.
An approach that challenges our traditional way of thinking is critical and looks beyond the immediate future. A public library’s service offerings can be delivered in different ways to expanded user groups in different places at different times, while remaining cost-effective. Traditional and well-loved branch libraries staffed by welcoming, knowledgeable and skilled professionals can be complemented by cost-effective online and outreach services that take the library out and into the community to increase access and reach.
Addressing gaps in the network
Delivery of the planned library branches in the Precinct Structure Plans will increase access to floor space for an overall effective level of service provision to Wyndham. However, all planned infrastructure in the next ten years is to be delivered in the north-western and western growth fronts. Based on service planning, these three projects (Black Forest Road North, Riverdale and Tarneit North), may not all be required to service this part of the municipality if non-infrastructure solutions such as extended opening hours, library programs van and outreach models are employed. Further work is required to consider the future placement, size and funding strategy of the planned library branches so they meet community need in a financially sustainable way.
To the east in Truganina, Williams Landing and Point Cook, innovative solutions to bridge minor service access gaps are required including the use of flexible, non-infrastructure solutions like online service, utilisation of existing spaces within Council and partner infrastructure, book locker, pop-up van and inclusion of the library lounge as part of Truganina Community Centre.
Partnerships
Libraries are increasing their partnerships and alliances with community, education, government and business organisations to leverage resources and broaden access for a wide range of users. This can strengthen the community experience and help to achieve strategic land use goals and more integrated service delivery. Working closely with the State Government on funding and grant opportunities is also a key action that requires focus and will be essential to deliver an affordable, enhanced network of services that meets long-term community demand and priorities.
Service reimagining
Data demonstrates that a move away from just delivering a network of branches to a more cohesive service network, where the collective value of the network is considered. This can provide more flexibility and innovation in the way the services are delivered in person and online.
Service and infrastructure responses
A wide range of responsive service options will best meet the needs of Wyndham’s diverse community and provide public value.
Understanding the service needs of the community is essential to planning to meet service delivery gaps. The options must leverage existing workforce, resources and infrastructure, to tailor service delivery for local needs. Importantly they don’t rely, in the first instance, on more costly infrastructure solutions.
· Maximise access to existing services:
o Outreach services to create new access points for library services.
o Joint programming with other areas of City Life.
o Services provided from convenient and non-library locations.
o Extending library hours and providing services outside of business hours.
o Online services that can be accessed from anywhere, at any time.
· Maximise efficiency of the library network. Options include:
o Coordinate planning of the library network to build on existing strengths and resources.
o Use non-library infrastructure to deliver library services, including community centres, sports pavilions and open space.
· Innovate and diversify services:
o Provide services in new and creative ways to meet emerging needs
o Use technology to support service delivery
o Services should use multiple modes of delivery to cater to different cohorts and communities.
· Work together
o Partner with organisations and agencies to reduce duplication and strengthen connections.
o Integrate service delivery across council for seamless delivery of similar services for similar audiences.
o Engage with community and co-design local responses to local needs.
There are flexible and varied ways to deliver infrastructure to bring library services closer to community. These can be tailored to the municipality, as well as responsive to local community needs.
The six infrastructure options are presented below as a hierarchy to demonstrate the variety of options available to support service delivery, affordability and flexibility. The purpose of these options to bring library services closer to the community, in places where they have said they want to access them. Our current network is providing two of these six infrastructure options, however the book locker, library hub and programs van have recently commenced or are planned to commence in early 2022.
Most options below provide access to all five core library services, they just vary in size and cost. The costs included are high-level indicative estimates for building costs (one-off) and ongoing operating costs. Note this is just the library cost only (not costs for an entire community centre) and does not include developer contributions, state or grant funding.
|
Options |
Description |
|
Flagship Library
|
Large centrally located library within a major activity centre with good access to public transport. Iconic civic infrastructure that aligns to the strategic land use aspirations for Wyndham and contributes to place-making
Build - $30-40M, Opex - $4-5M, Floor Space – 3,500-4,500sqm |
|
Community Learning Centre Library Branch
|
Co-located with other complementary uses such as Council services and retail settings. Most existing libraries are Community Learning Centre Branches. In future, the library component will be fully integrated within community centres to offer functional flexibility for spaces, programs and collections. This means grouping by interests or cohorts – for example, having the children’s collection and program area in the Maternal and Child Health waiting area.
Build - $6-7M (just library), Opex – $1.4-1.7M, Floor Space – 1,200-1,400sqm |
|
Library Lounge
|
Integrated in a community centre within an activity centre. A Library Lounge will offer a curated collection, programs and spaces tailored to the community.
Build - $3-6M, Opex – $700K-1.4M, Floor Space – 600-1,200sqm |
|
Library Hub
|
A library hub is a small space designed to meet an access gap. It can offer a reduced collection and programs and can be used flexibly for other purposes after-hours. Hubs could be leased spaces in activity centres or within repurposed community centres.
Build - $400K-$600K, Opex - $300K-350K), Floor Space – 140-200sqm |
|
Library Pop-Up Programs Van
|
Allows for Library programs to be delivered in a range of community settings such as community centres and open space to meet service gaps. Scheduling and frequency will respond to community needs.
Build - $162K, Opex - $170K |
|
Book Locker
|
Support book collections and returns for library users who have limited access to a nearby access point. They can be co-located with Library Hubs, community centres or shopping centres.
Build - $50K, Opex - $8K |
The next five-year Library Service Strategy Action Plan will be developed in 2022. It is proposed that options outlined in this report be considered for inclusion. The following actions will commence in the short term:
· Proceed with immediate planned projects to be operational in 2022:
o Williams Landing Hub
o Pop-up Library Programs Van
· Undertake operational planning within City Life to increase access to library services through non-infrastructure responses, particularly in Tarneit West and Saltwater.
· Develop business cases for upcoming projects to consider as part of the annual budget process.
· Advocate to the State Government to implement the recommendation in the Infrastructure Victoria Strategy to fund a third of library capital in growth areas.
· Apply for grants to support delivery of future projects.
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Other Reports |
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Council Meeting Tuesday, 30 November 2021 |
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File No:
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Item No: 6.5.4 Director City Life - Allison Kenwood |
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Naming of New Community Centres in Truganina South East and Tarneit North |
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This report recommends that Council endorse the name “Koomail Tardy” for the new community centre being constructed at Alcock Road, Truganina; and the name “Bembit Bag-rook” for the new community centre being constructed at Polly Parade, Tarneit. Both centres are due to be open in 2022 and will deliver kindergarten, maternal and child health and other family services.
Once endorsed, the name will be submitted to Geographic Names Victoria (GNV) to continue with the formal naming process that includes a 42-day community engagement period.
Attachments
Nil
Officers’ Declaration of Interests
Under Section 130 of the Local Government Act 2020, officers providing advice to Council must disclose any interests, including the type of interest.
Director City Life - Allison Kenwood
In providing this advice as the Director, I have no disclosable interests in this report.
Manager Service Planning, Partnering and Reform - Georgie Hill
In providing this advice as the Manager, I have no disclosable interests in this report.
Coordinator Social Infrastructure - Andrew Mitchell
In providing this advice as the Author, I have no disclosable interests in this report.
Key Issues
Geographic Names Victoria’s ‘Naming rules for places in Victoria’ (2016) stipulates the formal process for naming roads, features and localities in Victoria. Once a name has been chosen a 30-day legislated community consultation is required before it is required to be formally submitted to GNV for gazettal and official registration of the name.
Given the community consultation period will extend over the Christmas and New Year Period GNV has recommended a 42-day consultation period on this occasion.
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RECOMMENDATION
That Council: 1. Endorse the name “Koomail Tardy” for the new community centre being constructed at Alcock Road, Truganina for submission to Geographic Naming Victoria to continue with the legislated naming process. 2. Endorse the name “Bembit Bag-rook” for the new community centre being constructed at Polly Parade, Tarneit for submission to Geographic Naming Victoria to continue with the legislated naming process.
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CRS Jennie Barrera / Jasmine Hill
That Council: 1. Endorse the name “Koomail Tardy” for the new community centre being constructed at Alcock Road, Truganina for submission to Geographic Naming Victoria to continue with the legislated naming process. 2. Endorse the name “Bembit Bag-rook” for the new community centre being constructed at Polly Parade, Tarneit for submission to Geographic Naming Victoria to continue with the legislated naming process.
(CARRIED) |
1. Background
The naming process is governed by the ‘Naming Rules for Places in Victoria’ (2016) with Council’s own Geographic Naming Policy (2017) adding local context and Council endorsed naming priorities. These priorities include the use of gender diversity and indigenous names.
Two new community centres are being constructed currently to open in 2022; one in Truganina and the other in Tarneit. Both centres will provide integrated family services including kindergarten, maternal and child health and other related services.
A name is required to identify each within Council’s expanding the network of community facilities. The proposed names are consistent with Council’s Geographic Naming Policy and the GNV’s ‘Naming rules for places in Victoria’ (2016). The following criteria has been considered:
· Unique name that reflects its purpose and location.
· Align with key Council strategic statements and policies (including Geographic Naming Policy, Towards Equality and the Reconciliation Action Plan).
· Proportionate to the category of community infrastructure.
· Consistency to connect place and make sense of location.
· Diversity and history of Wyndham.
· Relevance to the site.
Council Officers have consulted with the Bunurong Land Council Aboriginal Corporation (BLCAC), the Registered Aboriginal Party for the land on which they are being built, to identify suitable names. The BLCAC has explicit terms of engagement whereby they will only support requests for naming where no other naming options are being considered.
Officers reached out to BLCAC in September and provided background and context to the naming request including site information, vision and purpose of the facilities being built. BLCAC responded with a proposed name for each facility.
2. Relevant Law
In accordance with the Geographic Place Names Act 1998 (the Act), ‘Naming rules for places in Victoria, statutory requirements for naming roads, features and localities’ (2016) and Council’s Geographic Naming Policy (2017), Council is the naming authority for this infrastructure.
The ‘Naming rules for place in Victoria’ uphold the guidelines in the Act and are mandatory for naming authorities. Exemption requests to principles H (Using commemorative names) and I (Using commercial and business names) outlined in the rules must be sought prior to commencing any public consultation or reaching a decision on the final naming process.
3. Discussion
The Bunurong Land Council Aboriginal Corporation (BLCAC) acknowledged Council’s language request and their cultural heritage and language team determined the following names for the new centres as follows:
Truganina South East Family Centre: Koomail
Tardy
Koomail – Grass used for weaving
Tardy - sister
Tarneit North Family Centre: Bembit
Bag-rook
Bembit – Flower
Bag-rook – women
Pre -Approval by Geographic Naming
Victoria
Pre-approval has been sought and granted by GNV for
the use of these names. While this process does not pre-empt final approval, it
does indicate the GNV will not object to the names under their naming
guidelines or policy.
Timelines
GNV has stipulated a public exhibition period of 42 days. This is longer than the usual 30 days given that part of the exhibition phase will occur over the Christmas and New Year period. Based on, this it is anticipated that community consultation will run until mid-January and a report will be presented to the Council Meeting in February 2022 for final approval. GNV will then require a further two to four weeks to approve and gazette the names.
4. Council Plan
2.1 Actively recognise and celebrate the First Nations People, their heritage and acknowledge them as the traditional owners of Wyndham
5. Other Council Strategies, Plans and Policies
Geographic Naming Policy 2017
The Geographic Naming Policy provides a consistent approach to geographic naming requests and ensures that all Wyndham features, localities and roads are appropriately named whilst preserving its history. The policy identifies the key considerations for Council when deliberating on geographic naming requests.
The following principles must be used in conjunction with the relevant statutory requirements related to the naming of roads, features and localities. They are consistent with the GNV naming rules and are designed to ensure no ambiguity, confusion, errors or discrimination are caused by the naming, renaming or boundary change process:
· Ensuring public safety;
· Recognising public interest;
· Linking the name to a place;
· Ensuring names are not duplicated;
· Names must not be discriminatory;
· Recognition and use of Indigenous Australian names;
· Dual names;
· Using commemorative names;
· Using commercial and business names;
· Language;
· Directional names to be avoided;
· Assigning extent to a road, feature or locality;
The naming themes, as outlined in Council’s Geographic Naming Policy 2017, have been considered in arriving at the preferred name. These are:
· location (including locality and road names);
· Aboriginal heritage and language;
· prior uses of the land and the people associated with it;
· local flora and fauna;
· significant contributors to the community who are deceased including women;
· social and historical events;
· historical exploration and settlement; and
· recognition of cultural diversity in Wyndham.
The policy states that names are only to be used outside the above themes upon discretion and where it is necessary to do so.
Reconciliation Action Plan 2017-2019
The Reconciliation Action Plan includes a commitment to incorporating Aboriginal place-names and languages in infrastructure projects.
6. Regional, State and national plans and Policies
Geographic Place Names Act 1998, ‘Naming rules for places in Victoria’ (2016).
7. Financial Viability
Financial costs associated with the naming process are included in the project budget
There are minor additional cost implications such as temporary identification signage for the building should the building open prior to a formal name being adopted.
8. Sustainability Implications
Not applicable
9. Options
Not applicable
10. Community Engagement
Should the names be endorsed, it is proposed that the formal legislated consultation process as part of Geographic Naming Victoria requirement occur between 3 December 2021 and 14 January 2022. This process allows for community input that will be presented back to Council to inform the final decision.
11. Communication Strategy
The formal consultation as part of the GNV process will be promoted utilising the following channels:
· Public notice;
· Social media platforms;
Existing networks in the Point Cook and broader community
12. Innovation and Continuous Improvement
Not applicable
13. Collaboration
Not applicable
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Other Reports |
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Council Meeting Tuesday, 30 November 2021 |
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File No: 00
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Item No: 6.5.5 Director City Life - Allison Kenwood |
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Wyndham Accessibility Action Plan Year 2 Progress Report |
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The Wyndham Accessibility Action Plan 2019-2022 (the Plan) seeks to increase the access, inclusion and equitable participation of people with disability across the municipality. The vision of the Plan is that people with disability, their families and/or carers experience in all aspects of their daily lives the same dignity, respect and access to opportunities and services as everyone else. This annual report is to note the progress of the actions in removing barriers to participation, promoting inclusion and achieving real changes in attitudes and practices that impact on people with disability for the second year of implementation of the Plan.
The Wyndham Municipal Public Health and Wellbeing Plan 2021-2025 (Health Plan) identifies people with a long-term health condition or disability as one of several priority groups requiring attention to address health inequities. Accessibility and inclusion priorities are incorporated across all four domains of the Health Plan. Disability access and inclusion is a whole of Council responsibility and aligns with the Healthy Cities Portfolio.
Attachments
Nil
Officers’ Declaration of Interests
Under Section 130 of the Local Government Act 2020, officers providing advice to Council must disclose any interests, including the type of interest.
Director City Life - Allison Kenwood
In providing this advice as the Director, I have no disclosable interests in this report.
Manager Service Planning, Partnering and Reform - Georgie Hill
In providing this advice as the Manager, I have no disclosable interests in this report.
A/Coordinator Social & Service Planning - Lucy Midolo
In providing this advice as the Author, I have no disclosable interests in this report.
Key Issues
· The second year of implementation of Council’s Accessibility Action Plan progressed with slight impacts on scheduled actions due to the restrictions in response to COVID-19 and shifting priorities brought on during the pandemic.
· Council responses to support community during the pandemic, and the recovery planning has demonstrated inclusion for all community members.
· Along with the challenges brought on by the pandemic, there have been some positive experiences expressed by some people with disability, such as the increased usage of inclusive technologies.
· A new Accessibility Action Plan will be developed in 2022, building upon the success of the current plan, and will be guided by the new Australia’s Disability Strategy 2021-2031 and the new Disability State Plan for Victoria.
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RECOMMENDATION
That Council note the Year 2 progress report of the Wyndham Accessibility Action Plan 2019-2022.
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CRS Adele Hegedich / Josh Gilligan
That Council note the Year 2 progress report of the Wyndham Accessibility Action Plan 2019-2022.
(CARRIED) |
1. Background
The Survey of Disability, Ageing and Carers undertaken by the Australian Bureau of Statistics in 2015 reported that around 12.6% of Wyndham’s population were estimated to have a disability. The survey also estimated that 9.5% of the total Wyndham population were carers at that time.
Wyndham’s Accessibility Action Plan articulates the responsibilities and opportunities for Council to improve community access and inclusion of people living with disability. Council with its many roles and broad reach is uniquely placed to support the improved health, wellbeing and safety of the Wyndham community. The Plan was structured around the themes of the Wyndham City Plan 2017-2021 and addresses the four key areas mandated in the Victorian Disability Act 2006 of:
· Reducing barriers to persons with disability accessing goods, services and facilities
· Reducing barriers to persons with disability obtaining and maintaining employment
· Promoting inclusion and participation in the community of persons with disability
· Achieving tangible changes in attitudes and practices which discriminate against persons with disability.
2. Relevant Law
The Victorian Disability Act 2006 (Section 38) outlines the legal requirement for Councils, and other public sector bodies, to prepare a Disability Action Plan, or ensure that the required elements are included in their Council Plan.
In addition to the Victorian Disability Act, the other key disability and rights legislation that Council must comply with include:
· Commonwealth Disability Discrimination Act 1993
· Victorian Charter of Human Rights and Responsibilities 2006
· Victorian Equal Opportunity Act 2010
· Victorian Local Government Act 2020
3. Discussion
This report provides a snapshot of some key actions that have progressed over the past twelve months to reduce barriers for people with disability and improve inclusion across the community. It is worth noting that some actions scheduled for Year 2 were delayed due to the impacts of COVID-19 on operations and priority of resources.
Alongside the second year of the Plan implementation, the National Disability Insurance Scheme (NDIS) has continued to evolve. The NDIS has been a much-needed significant social reform. Approximately 10% of people living with disability in Australia will become NDIS participants with individual funded plans. The evolution of the scheme since introduction has resulted in and increase and diversity of service options for participants. Many participants are exercising more informed choice and control with their funded participant plans, with experience gained from earlier plans. Some disability service organisations providing supports in the municipality have expanded their service offerings and/or reach to participants and some have specialised their services based on their strengths and understanding of the NDIS market.
The Wyndham Disability Support Network has continued to grow with now hundreds of members. The Network has provided a critical connection between service providers in Wyndham throughout the pandemic, sharing of service adaptations, gaps, community of practice discussions, and promotion of activities,community supports and pathways for individuals needing additional or different supports. The Network has been key to providing Council with insights into the varied experiences of people with disability across the Wyndham community through this time. This included an informative roundtable hosted by Council’s CEO in 2020 focused on the disability sector.
Key issues arising for people with disability due to the pandemic
Community engagement has provided information on key concerns for people living with disability that arose through the pandemic. Some of the concerns and challenges over the past eighteen months due to the pandemic have been:
· Slow vaccine roll-out for people with disability, including accessible information to make informed decisions. This includes the provision of accessible and appropriate vaccination settings and processes, and accessible information at an individual level
· Hesitancy to seek health services or other services, including community access when restrictions allowed it. Concerns for people who could fall through the gaps when disengaging from services or delaying health supports.
· Wellbeing concerns, including mental health, with increased stressors due to the pandemic, and carer stress
· Overwhelming amounts and sometimes inaccessible information about the pandemic
· Concerns of family violence and during lockdowns.
· Disengagement from community and social connections due to fear of in person interactions or limitations on capacity to transition to virtual activities
· Disengagement from education and supports for those who were unable to continue their learning in a virtual environment
· The digital divide meant that dedicated time and resources were required to build the capacity and access to technologies to stay connected or to access services virtually for those who had not previously had the capacity, equipment or confidence to use technologies
· Underutilisation of NDIS funded plans. This is due to some supports not being available due to restrictions, and some supports being cancelled by participants due to fears of exposure to COVID
· The workforce shortage issues of the NDIS increased during the pandemic, with some workers not wanting to work with concerns about their own health
· Concerns about business closures due to revenue impacts from decreased service access, at a relatively early period of NDIS market establishment
There have been anecdotal reports from people with disability during the impacts of the pandemic that have highlighted some positive experiences. These include increased usage of inclusive technology platforms, and virtual services becoming mainstream. This has been valued by some who faced access barriers in attending activities and services in person. The isolation and limited community access that the whole community has experienced may evoke a deeper understanding and more empathy for some residents in our community who spend much of their time under similar circumstances for reasons other than public health order restrictions, such as barriers to community access or health reasons.
National Disability Insurance Scheme
There are workforce shortages leading to thin markets for some supports available for participants of the NDIS. Specific shortages in Wyndham are related to allied health fields and access to early intervention services. The lack of available early intervention supports has been a significant issue in the municipality over the past twelve months and will have enduring impacts for individuals and families. The NDIS National Workforce Plan:2021-2025 was developed to address the expanding workforce demands.
Accessibility Action Plan Year 2 implementation highlights
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AAP Aims |
Year 2 Progress |
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Council’s website and materials are accessible for people with disability. |
· Website accessibility audit undertaken, and accessibility improvements made. |
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Volunteers are valued in Wyndham |
· Training sessions were offered to community members on ‘Disability Confidence’. · Completed the final four standards of The National Standards for Volunteer Involvement, which have a strong focus on inclusion and accessibility. |
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Council facilities and open spaces are accessible |
· The implementation of the Wyndham Coastal and Marine Management Plan includes a range of accessibility projects. This includes exploring design and facility requirements to make Werribee South an accessible beach and playground. |
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Council is working with stakeholders to improve access and inclusion of people with disability in community activities. |
· An All Abilities Multi Sport Day was planned at Eagle Stadium in 2021, and unfortunately had to be postponed twice due to restrictions. · Council Community Strengthening Grant supported the installation of new wayfinding beacon technology (BindiMaps) at Pacific Werribee. This technology will enable people with low vision or blindness to navigate complicated indoor spaces independently and with confidence. |
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Council has a robust workplace adjustment policy and procedure. |
· A Workplace Adjustment policy and toolkit has been developed and is being implemented. |
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Recruitment processes are equitable for people with disability. |
· Council partnered with the Municipal Association of Victoria and several other Councils to pilot a work experience models for people with disability. Wyndham was the only Council to successfully complete the program due to the impact of COVID restrictions. |
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Council will advocate for improved service provision and accessibility and inclusion across the City. |
· In response to the pandemic, Council successfully secured funding to boost psychosocial support through the introduction of the Community Connector service, Check in and Chat, Community Kitchen and bi-cultural workers. A dedicated Connected Communities Grant was made available for local organisations to transition social support, workshops and other various classes online to support those most at risk of loneliness and social isolation. · Through the H3 Alliance Council was successful in advocating for continued funding of $2Million over 2 years for the work of the H3 Alliance in addressing housing vulnerability in Wyndham. This funding has secured additional places for young people seeking refuge and long-term accommodation in Wyndham. |
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Wyndham City supports the rollout of the NDIS and its community members with disability and monitors the impact for the community. |
· Home and Community Care for Young People services continue to be provided by Council under agreement with the Victorian Government, with renewed flexibility to make operational improvements for eligible residents who do not access the NDIS. The new Community Connector roles also provide wrap around support for individuals, including those experiencing disability, to provide access to information and connect people to relevant activities and service supports. · Council has collaborated and contributed to consultations and discussions regarding the National Disability Strategy, the State Disability Plan, and the alignment to Local Government Access and Inclusion (Disability) Action Plans in the changed environment since the introduction of the NDIS. · Council continues to convene the Wyndham Disability Support Network with meetings held every second month. Council also hosts a platform for network members to enable connections for service providers; linkages for individual outcomes; promotion of community activities; and community of practice discussions. |
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Wyndham supports the rollout of the school readiness funding and monitors the impact for children and their families. |
· Council has worked collaboratively with the State Government and early years partners to support the effective implementation of the School Readiness Funding program in Wyndham. This program enables the provision of targeted and timely early intervention supports for children enrolled in a State funded Kindergarten program. |
The importance of maintaining mental wellbeing came to prominence during the pandemic and will continue to be a priority as our communities reopen and we move into the next phase of social and economic recovery. Mental wellbeing was not an explicit aim of the Accessibility Action Plan as it has emerged as a key need since the adoption of the plan. It is important to note that the absence of mental wellbeing, or presence of a mental illness, is not necessarily a disability. The shift has seen Council responding to this community need through consultation with stakeholders and embedding this priority into the Health Plan. It is likely to emerge as a theme during consultation for Council’s next Accessibility Action Plan.
4. City Plan
1.2.5 Council will celebrate the cultural diversity of our City, actively support social inclusion and tackle inequalities by ensuring all residents have access to services and building social connections in our local communities.
5. Council Plan and Policies
The Wyndham City Accessibility Action Plan 2019-2022 articulates Council’s commitment to increase the access, inclusion and equitable participation of people with disability within Council and the community.
6. Regional, State and national plans and Policies
The National Disability Strategy, with the new title of Australia’s Disability Strategy 2021-2031 is ready for endorsement by all governments. The consultations for the new Strategy were postponed in 2020 at the beginning of the impacts of the pandemic and were completed in 2021. The new Strategy will be released later in 2021 once formally endorsed by all governments. Similarly, the State Disability Plan is currently under development, with consultation on the new plan now closed.
The release of the new National and the State Plans will provide a framework for Council to leverage the commitments of other tiers of Government to improve outcomes for people with disability through the development of Council’s next Accessibility Action Plan. These documents will guide how Council can align future actions and outcomes in measurable ways across all levels of government for collective impact. The development of Council’s next Accessibility Action Plan will commence in 2022. The consultation for the next plan will draw upon the progress of the current plan and key themes identified by the community during the consultations for the current Council Plan and Health Plan.
7. Financial Viability
Not applicable.
8. Sustainability Implications
Not applicable.
9. Options
Not applicable.
10. Community Engagement
Formal engagement monitoring the implementation of the Plan changed during the second year of implementation, with a new focus to engage with communities to understand emerging service gaps and community needs due to the impacts of the pandemic. Community engagement was ongoing between Council and community service organisations and the Wyndham Disability Support Network. Engagement through direct contact with residents or family to Council and with those directly accessing supports from Council also continued to contribute to the understand of community priorities. Council hosted a series of Roundtables across a range of sectors in November 2020 to inform the development of the Wyndham Recovery Plan, including one for disability support organisations. Council was able to respond with innovative partnerships, services and frequent information updates across the community, including people with disability.
11. Communication Strategy
Not applicable.
12. Innovation and Continuous Improvement
Not applicable.
13. Collaboration
Not applicable.
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Other Reports |
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Council Meeting Tuesday, 30 November 2021 |
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File No:
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Item No: 6.5.6 Chief Executive Officer - Stephen Wall |
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Proposal for new lease - Werribee Football Club - Non-retail lease inclusion of Athlete's Performance Hub |
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Pursuant to section 115(4) of the Local Government Act 2020 and consistent with Council’s Community Engagement Policy, a Notice of Intention to Lease was advertised on the Wyndham City Council website on 21 October 2021 outlining the proposal, allowing 28 days for feedback. The feedback period closed at 5:00pm on 18 November 2021, with no submissions being received.
Attachments
Nil
Officers’ Declaration of Interests
Under Section 130 of the Local Government Act 2020, officers providing advice to Council must disclose any interests, including the type of interest.
Chief Executive Officer – Stephen Wall
In providing this advice as the Chief Executive Officer, I have no disclosable interests in this report.
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, I have no disclosable interests in this report.
· Chirnside Park is on Crown Land, with Council nominated as Committee of Management.
· Community engagement of Council’s intention to lease to WFC has been completed and no submissions were received.
· Council is now in a position to formally consider entering into the proposed lease with WFC.
· Entering into the new lease would allow WFC to further activate the Chirnside Park Pavilion consistent with Council’s Sports Facility User Guide.
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RECOMMENDATION
That Council, having complied with section 115 of the Local Government Act 2020 (the Act): 1. Grants to Werribee Football Club Limited (WFC) a new lease for part of Chirnside Park Pavilion, legally described within Crown Allotment 3, Section 5A, Township of Werribee, Parish of Deutgam known as Chirnside Park (Crown Reserve) located at 220 Watton Street, Werribee with a revised Permitted Use for a term of twenty one (21) years with rental as follows: a. Base rent $4,646 per annum (plus GST) for Pavilion area with fixed annual rental increases at 5%; and b. Additional rent for the Athlete’s Hub based on usage, at $7.08 per hour (plus GST); and 2. Authorise the Chief Executive Officer to execute the lease with WFC and any associated documents at the appropriate time. |
Cr Mia Shaw, having declared a conflict of interest in this item, left the Chamber at 8.03pm, and was absent for the discussion and vote on item 6.5.5.
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CRS Jennie Barrera / Heather Marcus,
That Council, having complied with section 115 of the Local Government Act 2020 (the Act): 1. Grants to Werribee Football Club Limited (WFC) a new lease for part of Chirnside Park Pavilion, legally described within Crown Allotment 3, Section 5A, Township of Werribee, Parish of Deutgam known as Chirnside Park (Crown Reserve) located at 220 Watton Street, Werribee with a revised Permitted Use for a term of twenty one (21) years with rental as follows: a. Base rent $4,646 per annum (plus GST) for Pavilion area with fixed annual rental increases at 5%; and b. Additional rent for the Athlete’s Hub based on usage, at $7.08 per hour (plus GST); and 2. Authorise the Chief Executive Officer to execute the lease with WFC and any associated documents at the appropriate time.
(CARRIED) |
Cr Mia Shaw returned to the Chamber at 8.07pm.
1. Background
Since the completion of the Chirnside Park Pavilion in 2018, Council’s Sport and Recreation department and WFC have had numerous discussions regarding how they may best be able to utilise the leased area to provide further value to both WFC and the community.
At the Ordinary Council Meeting on 5 February 2019, Council resolved to grant WFC two leases for parts of Chirnside Park as follows:
(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.
(b) Function area lease for a term of term of nine (9) years with the option to terminate at years 3 and 6 with a commencing rent of $14,251.40 per annum plus GST with annual increases of 5% on each anniversary of the commencement date.
The Athlete’s Hub proposal relates to the Pavilion area lease.
2. Relevant Law
Pursuant to section 115(1) of the Local Government Act 2020 (the Act), a Council's power to lease any land to any person is limited to leases for a term of 50 years or less.
Pursuant to section 115 (4) of the Act, Council undertook a community engagement process in accordance with this section of the Act and consistent with Council’s Community Engagement Policy.
3. Discussion
WFC approached Council Officers in April 2021 with a proposal to deliver an Athlete’s Hub to operate from the Gymnasium and Medical rooms within the Chirnside Park Pavilion. In summary, the Athlete’s Hub would work like an allied health clinic where people engage with a clinician for a one on one or small group appointment. Initial services offerings include strength and conditioning; sports injury rehabilitation; nutrition; massage; and physiotherapy. The Athlete’s Hub would utilise WFC branding.
It is recommended that Council support the proposal, which offers benefits to both parties as well as the broader community.
Benefits for WFC
· Establishment of an additional and diverse revenue stream for WFC. Council has in the past urged WFC to pursue alternative revenue streams to reduce their reliance on, and ultimately withdraw from their involvement in poker machines. Support for this proposal is consistent with such messaging.
· Increased capacity for WFC to attract and retain high performance staff. In addition to engaging a physiotherapist, strength and conditioning coach or nutritionist to work with the teams that WFC fields in the VFL competition, WFC will be able to offer an additional opportunity to work in the Athlete’s Hub. This more holistic offering is expected to support WFC to attract more qualified and experienced staff and for those staff to have a stronger level of commitment to WFC, Chirnside Park and Werribee.
Benefits for Community
· Improves access for Wyndham residents to health, wellness and fitness opportunities. Establishment of the Athlete’s Hub will offer additional choice to residents living and working around the Werribee CBD to access services locally.
· Subject to community demand the Athlete’s Hub may lead to further employment opportunities in the local Health, Wellness and Fitness industry.
Benefits for Council
· Increased utilisation of Chirnside Park Pavilion. Council invested a significant amount of funds into the pavilion, with one of the key objectives being to maximise its activation. This proposal creates an opportunity to activate the facility in a new way, particularly during the day which is typically considered off peak with lower occupancy.
· Building the capacity of health, wellness and fitness services at Chirnside Park Pavilion will make the facility more attractive to local and/or state athlete pathway programs (across any sport) in the future. Attracting state pathway programs to Wyndham may also deliver an economic benefit beyond Chirnside Park. For example, if Triathlon Victoria were to bring 100+ junior triathletes to Wyndham for a training weekend.
· The Athlete’s Hub will attract people to Chirnside Park that wouldn’t have otherwise visited. To date, most visitors to Chirnside Park Pavilion would have been engaged in either football or cricket activities. The proposal offers to broaden the cross section of the community that engages with the facility in a similar way to the function or community programs that are also delivered from the facility.
Crown land lease
Chirnside Park is on Crown Land, with Council nominated as Committee of Management. Preliminary discussions have been held with the Department of Environment, Land, Water and Planning (DELWP) regarding the WFC proposal. DELWP have advised that as the primary Permitted Use in the current lease will significantly alter, a Deed of Variation will not be permissible. DELWP will require a new lease for a term to be entered into on the same terms and conditions, save for:
· A new Commencement Date;
· Revised Permitted Use; and
· Revised rental.
DELWP can provide Governor-in-Council approval following formal Council approval.
Council’s Sports Facility User Guide
Council’s Sports Facility User Guide (the overarching policy to guide facility occupancy and conditions of use) was reviewed and adopted in 2020. An addition was included during this review, to allow primary tenants the ability to sub-let to small businesses that have a primary purpose of delivering physical activity opportunities for the community.
Whilst some of the services provided by the Athlete’s Hub such as nutrition will fall outside of the principles of the Guide, there are several elements such as rehabilitation/strength training that would complement this remit.
Relevant Law
Section 115(1) of the Local Government Act 2020 (the Act) provides Council power to lease land.
Pursuant to section 115(4) of the Act, Council is required to undertake a community engagement process in accordance with the Act and consistent with Council’s Community Engagement Policy.
If Council resolves to grant the lease, DELWP will then progress Crown approval.
4. Wyndham 2040 Community Vision
· Earning and Learning:
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.
5. Council Plan
8.7 Ensure risks and legal processes are identified and managed effectively to achieve organisational priorities and strategic objectives
6. Other Council Strategies, Plans and Policies
Not Applicable
7. Regional, State and national plans and Policies
Not Applicable
8. Financial Viability
Lease fees will be charged in line with the previously benchmarked figures for the Chirnside Park Pavilion, that informed the fee schedule for the existing commercial leased area within the pavilion (i.e. the 'Chirnside by the River' function space).
Table 1: Proposed lease financial overview
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Lease 1 – Pavilion area |
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Permitted Use |
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. Ancillary food and beverage preparation and sales in kiosk. Non-sports club activities are permitted if delivering a health, wellness or fitness outcome to the community, subject to Council Officer approval. |
|
Term |
21 years |
|
Commencing rent |
Base rent $4,646 per annum (plus GST) for Pavilion area. Additional rent for Athlete’s Hub based on usage, at $7.08 per hour (plus GST). |
|
Rent increases |
5% per annum |
|
Outgoings |
Outgoings and other charges payable by the tenant. |
The updated permitted use within this lease will see the area used for commercial activities associated with the Athlete’s Hub outside of the times required for football (non-profit) community activities. The rent will comprise of the community use (Pavilion area) associated with the football club operations at $4,646 per annum (plus GST); and the commercial use (Athlete’s Hub) at $7.08 an hour (plus GST).
Figure 1: Proposed Athlete’s Hub within the Pavilion area
9. Sustainability Implications
Not Applicable
10. Options
Option 1: Support proposal - Recommended
Supporting the option will enable:
· WFC to broaden its operations for the community and continue to attract and retain quality professional staff; and
· Provide a financial benefit to both WFC and Council.
Option 2: Refuse proposal – Not recommended
Refusing the proposal will:
· Limit WFC operations in providing additional health and wellbeing benefits for the community;
· Limit the opportunity of WFC to generate additional revenue; and
· Increase the risk of high turnover of qualified staff.
11. Community Engagement
Pursuant to section 115(4) of the Local Government Act 2020 and consistent with Council’s Community Engagement Policy, a Notice of Intention to Lease was advertised on the Wyndham City Council website on 21 October 2021, outlining the proposals, allowing 28 days for feedback. The feedback period closed at 5:00pm on 18 November 2021. No submissions were received.
No further community engagement is required.
12. Communication Strategy
Not Applicable.
13. Innovation and Continuous Improvement
Not Applicable.
14. Collaboration
Not Applicable.
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Other Reports |
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Council Meeting Tuesday, 30 November 2021 |
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File No:
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Item No: 6.5.7 Chief Executive Officer - Stephen Wall |
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Proposal to lease four (4) Council owned sites to early years partners for the delivery of kindergarten services |
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This report seeks Council’s decision on the granting of leases to:
· KU Childrens Servies (KU) for 6 Congo Drive, Tarneit (Dianella Community Centre);
· Early Childhood Management Services Inc (ECMS) for 117 Alcock Road, Truganina (Truganina South East Integrated Family Centre);
· One Tree Community Services (One Tree) for 37 Ballan Road, Werribee (Werribee West Family Centre); and
· Sparkways Early Learning (Sparkways) for 1-5 Saltwater Promenade, Point Cook (Middleton Drive Kindergarten).
The leases are for the provision of integrated early childhood education and care services.
Attachments
Nil
Officers’ Declaration of Interests
Under Section 130 of the Local Government Act 2020, officers providing advice to Council must disclose any interests, including the type of interest.
Chief Executive Officer – Stephen Wall
In providing this advice as the Chief Executive Officer, I have no disclosable interests in this report.
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, I have no disclosable interests in this report.
Key Issues
· Community engagement of intention to lease has been completed and no submissions were received.
· Council is now in a position to formally consider entering into leases with KU, ECMS, One Tree and Sparkways.
· Entering into lease agreements would allow KU, ECMS, One Tree and Sparkways to occupy the sites with a proposed lease commencement date of 1 December 2021.
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RECOMMENDATION That Council, having complied with section 115 of the Local Government Act 2020 (the Act) grant leases to: 1. KU Children’s Services for part of Dianella Community Centre legally described within Certificate of Title, Volume 12239 Folio 410 Lot RES1 on PS 838461 at 6 Congo Drive, Tarneit for the term of five (5) years, with one (1) further term option of five (5) years at a rate consistent with the Early Years Partnership Framework and Costings Model; 2. Early Childhood Management Services Inc for Truganina South East Integrated Family Centre (IFC) described within Certificate of Title, Volume 12219 Folio 213 Lot RES1 on PS 810988 at 117 Alcock Road, Truganina for the term of five (5) years, with one (1) further term option of five (5) years at a rate consistent with the proposed Early Years Partnership Framework and Costings Model; 3. One Tree Community Services Inc for Werribee West Family Centre legally described within Certificate of Title, Volume 8363 Folio 761 Lot 1 on TP 243447 at 37 Ballan Road, Werribee for the term of five (5) years, with no further term options at a rate consistent with the proposed Early Years Partnership Framework and Costings Model; 4. Sparkways Early Learning for Middleton Drive Kindergarten within Certificate of Title, Volume 11277 Folio 530 on PC 372233 at 1-5 Saltwater Promenade, Point Cook for the term of five (5) years, with no further term options at a rate consistent with the proposed Early Years Partnership Framework and Costings Model; and 5. Authorises the Chief Executive Officer to execute the leases and associated documents at the appropriate time. |
Cr Robert Szatkowski left the Chamber at 8.08pm, and was absent for the vote on item 6.5.7.
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Cr Jasmine Hill / Sahana Ramesh That Council, having complied with section 115 of the Local Government Act 2020 (the Act) grant leases to: 1. KU Children’s Services for part of Dianella Community Centre legally described within Certificate of Title, Volume 12239 Folio 410 Lot RES1 on PS 838461 at 6 Congo Drive, Tarneit for the term of five (5) years, with one (1) further term option of five (5) years at a rate consistent with the Early Years Partnership Framework and Costings Model; 2. Early Childhood Management Services Inc for Truganina South East Integrated Family Centre (IFC) described within Certificate of Title, Volume 12219 Folio 213 Lot RES1 on PS 810988 at 117 Alcock Road, Truganina for the term of five (5) years, with one (1) further term option of five (5) years at a rate consistent with the proposed Early Years Partnership Framework and Costings Model; 3. One Tree Community Services Inc for Werribee West Family Centre legally described within Certificate of Title, Volume 8363 Folio 761 Lot 1 on TP 243447 at 37 Ballan Road, Werribee for the term of five (5) years, with no further term options at a rate consistent with the proposed Early Years Partnership Framework and Costings Model; 4. Sparkways Early Learning for Middleton Drive Kindergarten within Certificate of Title, Volume 11277 Folio 530 on PC 372233 at 1-5 Saltwater Promenade, Point Cook for the term of five (5) years, with no further term options at a rate consistent with the proposed Early Years Partnership Framework and Costings Model; and 5. Authorises the Chief Executive Officer to execute the leases and associated documents at the appropriate time.
(CARRIED) |
1. Background
Expressions of Interest were invited to Wyndham’s Early Years Partners on 22 July 2021 and closed on 11 August 2021 for the allocation of four Early Years sites. Council Officers have now notified the selected Early Years Partners of their site allocation and wish to proceed to provide draft service level agreements and leases for review and negotiation.
2. Relevant Law
Section 115(1) of the Local Government Act 2020 (the Act), provides Council power to lease land for a term of 50 years or less.
Pursuant to section 115(4) of the Act, Council is required to undertake a community engagement process in accordance with the Act and consistent with Council’s Community Engagement Policy.
3. Discussion
A. Dianella Community Centre: 6 Congo Drive, Tarneit
Legally described within Certificate of Title, Volume 12239 Folio 410 Lot RES1 on PS 838461. The land comprises a parcel of 7,999m2 and a proposed lease area of 1,457m2.
The Dianella Community Centre opened in early 2021. This sustainable, purpose-built facility has a wide range of community services for all ages and KU Early Years Partner is proposed to commence kindergarten operations in 2022 with 99 licensed spaces, sharing the space with Council.
Figure 1 - Aerial image showing Dianella Community Centre: 6 Congo Drive, Tarneit
B. Truganina South East Integrated Family Centre (IFC): 117 Alcock Road, Truganina
Legally described within Certificate of Title, Volume 12219 Folio 213 Lot RES1 on PS 810988. The land comprises a parcel of 5,995m2 and a proposed lease area of 5,995m2.
This new integrated children's centre will provide the Truganina community a high-quality learning environment, with Early Year Partner, ECMS proposed to lease the whole site to deliver kindergarten services for three and four-year-olds with 99 licensed spaces. This new centre will be located next to the Garrang Wilam Primary School.
Figure 2 - Image showing Truganina South East: 117 Alcock Road, Truganina
C. Werribee West Family Centre: 37 Ballan Road, Werribee
Legally described within Certificate of Title, Volume 8363 Folio 761 Lot 1 on TP 243447. The land comprises a parcel of approximately 3,010m2 and proposed lease area of 3,010m2.
This existing site is proposed to be wholly leased to Early Years Partner, One Tree Community Services for the delivery of kindergarten services with 99 licensed spaces commencing operation in January 2022.
Figure 3 - Aerial image showing Werribee West Family Centre: 37 Ballan Road, Werribee
D. Middleton Drive Kindergarten: 1-5 Saltwater Promenade, Point Cook
Legally described within Certificate of Title, Volume 11277 Folio 530 on PC 372233. The land comprises a parcel of approximately 3,639m2 and proposed lease area of 3,639m2.
This new Department of Education (DET) funded modular kindergarten on Council’s Reserve, will offer 2 rooms in stage 1 of development and a third room in stage 2 and is set to open in Point Cook early 2022. Council hold a head lease for the building from DET, with Early Years Partner Sparkways proposed to sub-lease from Council with 99 licensed spaces. This is a standalone kindergarten with no Council services on site.
Figure 4 - Image showing Middleton Drive Kindergarten: 1-5 Saltwater Promenade, Point Cook
A summary of the proposed leases are presented in Table 1.
Table 1: Proposed Lease Terms
|
Site/Location
|
Partner |
Proposed Lease Commencement Date |
Proposed Lease Term |
|
Dianella Community Centre: 6 Congo Drive, Tarneit (Volume 12239 Folio 410) |
KU |
1 December 2021 |
5 years with further 5 years option |
|
Truganina South East IFC: 117 Alcock Road, Truganina (Volume 12219 Folio 213) |
ECMS |
1 December 2021 |
5 years with further 5 years option |
|
Werribee West Family: 37 Ballan Road, Werribee Centre (Volume 8363 Folio 761) |
One Tree |
1 December 2021 |
5 years, no further option (interim measure to ascertain demand for kindergarten services in the area) |
|
Middleton Drive Kindergarten: 1-5 Saltwater Promenade, Point Cook (Volume 11277 Folio 530) |
Sparkways |
1 December 2021 |
5 years only, no further option (temporary kindergarten – demountable - due to shortage of kindergarten services in Point Cook) |
4. Wyndham 2040 Community Vision
Aligns with the following Wyndham 2040 key community priorities:
· People and Community:
Providing education opportunities for all ages.
· Places and Spaces:
Offering better access to local services and facilities.
· Earning and Learning:
Support Wyndham’s young people to develop
leadership and life skills.
There will be many ways for people to learn and gain employment.
5. Council Plan
1.1 Provide high quality, equitable and accessible services and community facilities that cater for all ages and life stages.
6. Financial Viability
The proposed leases will be in line with the Early Years Partner Costing Framework to provide consistency across all Early Years Partners.
Lease arrangements with Early Years Partners will reflect subsidised maintenance costs, to recognise their delivery of prioritised community services. Subsidisation of costs may be negotiated according to:
· the Provider’s capacity to pay, particularly where there is a requirement for Wyndham City to fulfil an acute, unmet need, eg. a small not-for-profit provider is best placed to meet specific community needs;
· establishment period for new sites;
· site size (which may impact on whether the Provider can create a viable business, particularly single standing unit kindergartens);
· other circumstances that may warrant fully subsidised arrangements.
The level of subsidy on operation and maintenance costs will be negotiated with Partners on an individual case basis. Total fees will vary in accordance with the physical service footprint and/or quantity of floor space occupied. For new sites, a graduated rate for the Partnership Contribution may be considered over the first three years as Partners establish attendance rates. For example, the Partnership Fund contribution of $20,000 may be reduced in the first year until the Partners establish financial viability at the new sites (Werribee West and Middleton Drive) through increased enrolment numbers and additional program offerings.
The Early Years Partners will be subject to an annual fee for each leased facility to cover:
· Operation, cleaning and maintenance costs;
· Waste management;
· Inclusion in Wyndham City’s Central Registration Service;
· Contribution to a Partnership Fund. Council seeks a Partnership contribution of $20,000 per annum, per site from Partners. The Partnership contribution will be used by Council to facilitate:
o Implementing and embedding the Partnership Framework
o Community programs and infrastructure
o Professional development, aligned with Council priorities
o Advocacy, campaigns and government reform agendas
o Approved infrastructure upgrades and minor capital works (limited to $10,000 per site); eg. Office alterations, renovations and refurbishments, replacement and renewal of playground equipment
o Evaluation activities and processes
Lease fees will be reviewed annually and the amount payable may be increased by the Consumer Price Index (CPI) each year, calculated at the June Quarter. Should CPI be negative then Lease fees will be as per prior year. The revenue has been considered for the 2021/22 budget. Indicative lease cost is provided in the tables below.
Table 2: Indicative Lease fees - KU - Dianella Community Centre, 6 Congo Drive, Tarneit
|
Indicative Fee Structure |
Annual Cost ($) |
|
Operating & Maintenance Costs (based on leased area) |
4,880.95 |
|
Waste Management Assumes 6 x garbage + 6 x recycling bins + 1 green waste bin |
1,776.00 |
|
Central Registration: 99 children (will vary depending on each year’s enrolments) |
4,984.65 |
|
Partnership Fund |
20,000.00 |
|
Total (Excl GST) |
31,641.60 |
Table 3: Indicative Lease fees - ECMS - Truganina South East ILC: 117 Alcock Road, Truganina
|
Indicative Fee Structure |
Annual Cost ($) |
|
Operating & Maintenance Costs (based on leased area) |
18,743.25 |
|
Waste Management Assumes 6 x garbage + 6 x recycling bins + 1 green waste bin |
1,776.00 |
|
Central Registration: 99 children |
4,984.65 |
|
Partnership Fund (may be negotiated for the first year of operations) |
20,000.00 |
|
Total (Excl GST) |
45,503.90 |
Table 4: Indicative Lease fees - One Tree - Werribee West Family: 37 Ballan Road, Werribee Centre
|
Annual Cost ($) |
|
|
Operating & Maintenance Costs (based on leased area) |
10,083.50 |
|
Waste Management Assumes 6 x garbage + 6 x recycling bins + 1 green waste bin |
1,776.00 |
|
Central Registration: 66 children |
3,323.10 |
|
Partnership Fund (may be negotiated for the first year of operations) |
20,000.00 |
|
Total (Excl GST) |
35,182.60 |
Table 5: Indicative Lease fees – Sparkways - Middleton Drive Kindergarten: 1-5 Saltwater Promenade, Point Cook
|
Indicative Fee Structure |
Annual Cost ($) |
|
Operating & Maintenance Costs (based on leased area) |
12,192.46 |
|
Waste Management Assumes 6 x garbage + 6 x recycling bins + 1 green waste bin |
1,776.00 |
|
Central Registration: 99 children |
4,984.65 |
|
Partnership Fund (may be negotiated for the first year of operations) |
20,000.00 |
|
Total (Excl GST) |
38,953.11 |
7. Sustainability Implications
The Early Years Centre’s will deliver economic and employment opportunities to Wyndham. This is largely through the creation of jobs and new visitations to the centres and the localised associated economic benefits this brings.
8. Options
Option 1- Progress process to enter into leases: Recommended
Council officers will begin lease negotiations and enter into leases with Early Years Partners.
Option 2- Do not proceed with leases: Not Recommended
Council advise Early Years Partners they will not be proceeding to enter into leases. This would have a significant impact on the community with a potential shortfall of 330 kindergarten places. This is a conservative figure as currently Truganina South East alone has 110 children registered for 2022. Point Cook kindergartens are all full. Middleton Drive was expedited by DET due a very large shortfall of kindergarten places in Point Cook which came about as a result of the funding of 3 year old kindergarten.
9. Community Engagement
A notice was placed on Council’s website for two weeks to advise the community of its intention to enter into leases with the Early Years Partners at the four sites consistent with Council’s Community Engagement Policy. No submissions where received.
10. Communication Strategy
Not Applicable
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Other Reports |
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Council Meeting Tuesday, 30 November 2021 |
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File No:
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Item No: 6.5.8 Chief Executive Officer - Stephen Wall |
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Biannual Report of the Audit & Risk Committee |
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The Local Government Act 2020 (the Act) establishes functions to be undertaken by Council’s Audit and Risk Committee.
Section 8 items 54 (4) and (5) require an Audit and Risk Committee to:
· undertake an annual assessment of its performance against the Audit and Risk Committee Charter; and
· Chair of the ARC to prepare a biannual audit and risk report that describes the activities of the Audit and Risk Committee and includes its findings and recommendations.
The Act also requires the Chief Executive Officer to table these reports at a Council meeting.
This is the first biannual report to be presented for the 2021/22 Financial Year and incorporates the annual audit and risk performance review undertaken.
Attachments
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1. |
Annual Audit & Risk Committee Performance Review |
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2. |
Biannual Audit & Risk Committee Audit and Risk Report |
Officers’ Declaration of Interests
Under Section 130 of the Local Government Act 2020, officers providing advice to Council must disclose any interests, including the type of interest.
Chief Executive Officer – Stephen Wall
In providing this advice as the Chief Executive Officer, I have no disclosable interests in this report.
Audit and Risk Committee Chair – Kathy Alexander
In providing this report as the Chair, on behalf of the Audit and Risk Committee, I have no disclosable interests in this report.
Key Issues
· Tabling of the Biannual Audit and Risk Committee report to Council and Annual Performance Assessment of the Audit and Risk Committee.
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RECOMMENDATION That Council: 1. Note the Annual Performance Assessment of the Audit and Risk Committee; and 2. Note the Biannual Risk Report of the Audit and Risk Committee for the period Quarter 4 2020/21 – Quarter 1 2021/22. |
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Cr Susan McIntyre / Jasmine Hill That Council: 1. Note the Annual Performance Assessment of the Audit and Risk Committee; and 2. Note the Biannual Risk Report of the Audit and Risk Committee for the period Quarter 4 2020/21 – Quarter 1 2021/22.
(CARRIED) |
Cr Robert Szatkowski returned to the Chamber at 8.11pm, and was present for the vote on item 6.5.8.
1. Background
Under the Local Government Act 2020, Section 8 (1), the role of a Council is to provide good governance in its municipal district for the benefit and wellbeing of the municipal community. It specifies in Sections 53 and 54, that Council must operate an Audit and Risk Committee whose charter is adopted by Council.
The Wyndham City Council Audit and Risk Committee Charter was adopted by Council at its July 2020 meeting. The Audit and Risk Charter is supported by the Annual Work Program, which is a working document and updated as required. It lists the proposed standing agenda and work plan which demonstrate how the Charter commitments will be met across the financial year.
2. Relevant Law
The Local Government Act 2020, Section 54 (4), requires that an Audit and Risk Committee:
a) Undertake an annual assessment of its performance against the Audit and Risk Committee Charter; and
b) provide a copy of the annual assessment to the Chief Executive Officer for tabling at Council meeting.
The Local Government Act 2020, Section 54 (5), requires that an Audit and Risk Committee:
a) prepare a Biannual Audit and Risk Report that describes the activities of the Audit and Risk Committee and includes its findings and recommendations; and
b) provide a copy of the Biannual Audit and Risk Report to the Chief Executive Officer for tabling at Council meeting.
3. Discussion
The Committee activities are aligned to their four primary objectives, as outlined in the Charter:
1) Governance – ensuring the transparency of Committee performance in meeting the obligations of this Charter through planning a program of work, assessing and reporting on its achievements.
2) Finance & Performance – enhancing the credibility and objectivity of Council’s financial and performance management and reporting, including review of accounting policy and practice.
3) Audit & Assurance – obtaining confidence in the performance of management, through independent and objective assessment of the organisation.
4) Risk & Compliance – reviewing the appropriateness and effectiveness of management’s risk and compliance systems and confirming that an adequate internal control environment is maintained.
The Annual Audit and Risk Committee Performance Review (Attachment 1) assures that the requirements of their Charter have been met. It is also used to identify any improvement opportunities which may trigger an update of the Charter or other changes to current Committee arrangements. The assessment is based on a survey, unchanged from last year, which covers 31 elements across nine areas aligned with Charter requirements. All areas were adequate with the overall weighted average score higher than the past three years. The attached report was presented at the September 2021 Audit and Risk Committee meeting. It concludes that the Committee have met their obligations as described in the Charter. Note that the tabling of this report was deferred from the October meeting to this meeting to enable it to presented together with the Biannual Audit and Risk report.
The Biannual Audit and Risk Report (Attachment 2) presents the activities as directed by the work program for the period, as well as listing additional activities included at the request of the Committee or as recommended by Management. The Chair comments on findings and recommendations of note on behalf of the Committee, who are consulted during development of the report.
4. Wyndham 2040 Community Vision
The Audit and Risk Committee is an advisory committee that plays a key role to assist council to fulfil its assurance and compliance responsibilities. Monitoring its performance is an important part of assuring the effectiveness of the Committee in delivering on its mandate.
The Committee provides advice on broad aspects of the Council’s operations, focusing on finance and performance, audit and assurance, risk and compliance. Information presented for Committee consideration relates to achievement of the Wyndham 2040 Vision across all four themes - People and Community; Places and Spaces; Earning and Learning; Leadership and Participation.
5. Council Plan
7.3 Foster trust in Council through the implementation of effective civic leadership and responsible governance processes that ensure accountability and compliance with all legislated and statutory requirements.
The Biannual Audit and Risk Report contributes to providing assurance to the broader community, that the governance structures Wyndham City is required to have in place to ensure it acts with integrity and ethically in performing its duties, are communicating transparently in their reporting to Council.
The Annual Audit and Risk Committee Performance Review contributes to providing assurance to the broader community that the governance structures Wyndham City is required to have in place to ensure it acts with integrity and ethically in performing its duties, is operating effectively.
6. Other Council Strategies, Plans and Policies
The Audit and Risk Committee Charter is publicly available on the Wyndham City Council Website. Under the Charter, the ARC approves the Internal Audit Charter, Strategic Internal Audit Plan and Annual Internal Audit Plan. To enable the Committee to discharge its responsibilities, it has visibility of key organisational management policies and practices including Enterprise Risk, Business Continuity, Enterprise Compliance, Procurement, Fraud and Corruption Control, Public Interest Disclosure and Financial Management.
7. Regional, State and national plans and Policies
Not applicable
8. Financial Viability
The independent committee members are compensated for their participation on this Committee as provided for by Local Government Act 2020, Section 53 (6).
In the discharge of its duties, the Committee monitors the annual financial and performance reporting of Wyndham City Council and recommends in principle the adoption of Annual Financial and Performance Statements to Council.
9. Sustainability Implications
The Committee reviews the strategic risk to Environmental Sustainability that WCC may not effectively achieve positive environmental and sustainability goals. The Committee reviews the diverse range of activity undertaken across the organisation to assure strategic objectives related to sustainability are achieved.
10. Options
Not applicable
11. Community Engagement
Not applicable
12. Communication Strategy
This report informs Council and the community of matters reviewed by the Committee in the performance of its duties, highlighting noteworthy items. It provides assurance that the operational activities of management are being reviewed independently.
13. Innovation and Continuous Improvement
An annual assessment of Committee performance is undertaken to confirm that the responsibilities of the charter have been met and identify opportunities for improvement. It is provided to the CEO for tabling at the relevant Council meeting.
14. Collaboration
The Committee has a key advisory role in assisting Council to fulfil its assurance and compliance responsibilities. It engages directly with management as well as obtaining independent advice and information from the internal and external auditors. There is opportunity at each meeting for the Committee members only to meet, without Council
officers present, and with the Internal Auditor without management present.
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ATTACHMENT No: 1 - Annual Audit & Risk Committee Performance Review |
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Item No: 6.5.8 |
annual arc assessment FY2020-21
Audit & Risk Committee Meeting 15 September 2021
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DIRECTORATE: |
CFO Office |
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PRESENTER: |
Chair |
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ACTION: |
Noting |
1. Purpose
This report provides the results of the Annual Assessment undertaken regarding the effectiveness and performance of the Audit and Risk Committee (ARC) against its Charter.
The outcomes of the assessment are intended for presentation by the CEO to Council at the October 2021 Ordinary Council Meeting.
2. Recommendation
That the Audit & Risk Committee (ARC) note for Committee information, discussing as required.
3. Background
The ARC Annual Self-Assessment Survey is designed to gather feedback to assess the effectiveness and performance of the Committee against its Charter responsibilities in FY2020-2021. The survey for this year did not change from the survey reported last year. Refer to Attachment 1 for a list of survey questions. It was adapted from the Local Government Victoria’s guide “Audit Committee-A Guide to Good Practice for Local Government”. Committee members, the CEO, CFO and members of the Executive Leadership Team who attended meetings during the year, were invited to participate.
The ARC Charter was revised during FY2019-2020, incorporating requirements of the Local Government Act 2020. This charter, was adopted by Council in July 2020 and came into effect in September 2020. It requires that the Committee undertake an annual assessment of its performance to confirm the responsibilities of this charter have been met and provide to the CEO for tabling at the next Council Meeting.
4. Survey Results
The FY2020-2021 ARC Assessment Survey indicates an increased level of satisfaction with Committee performance in the execution of their responsibilities. The assessment covers 31 elements across nine areas which are aligned with the requirements of the charter. This conclusion is based on the comparison of the overall weighted average score:
|
Survey Statistics |
FY2020-2021 |
FY2019-2020 |
FY2018-2019 |
FY2017-2018 |
FY2016-2017 |
|
Average Rating |
5.1 / 6 |
4.75 / 6 |
4.1 / 6 |
4.20 / 6 |
4.25 / 6 |
LEGEND: Score 1-2 Less Than Adequate; Score 3-4 Adequate; Score 5-6 More than Adequate
4.1. Assessment analysis
The weighted average of individual question scores has trended higher than last year across the board.
|
|
All areas were scored 4 or above. There were limited comments provided, those received are summarised below.
1 Monitoring & Reporting Responsibilities ● More information on legislation / regulation compliance framework to be assured Internal audit presentation, coverage and quality review
2 Information Received to Discharge Charter Responsibilities ● No feedback received
3 Monitoring of Wyndham City’s Governance Arrangements ● ARM committee has knowledge about the governance process of executive but less knowledge of council itself. Eg training levels in audit and engagement of council in audit has not been high. This may change with the new council members and with the new legislative requirements; Internal audit function has been excellent and extensive. It has provided good guidance for improvement in a practice and realistic way.
4 Assurance & Controls ● See Above comments
5 Financial Controls & Reporting ● See Above comments
6 Compliance Management ● attestation process improvements have benefited staff compliance awareness
7 Auditor Performance ● internal audit function process and action reporting improved, positively impacting assurance
8 Meeting ● consider summarising agenda and timing of minutes circulation
9 Training ● review training required/provided to councillor members
10 Other Matters ● note question set coverage is comprehensive
5. Charter Compliance
All requirements outlined in the charter have been met, except for the Biannual Risk Report. This was only produced once during the year, as the implementation was slightly delayed to accommodate the Council elections and subsequent change in Committee membership. An extract of the current charter is provided at Attachment 2 for reference purposes.
5.1. Independent Member Tenure
Independent members are eligible to serve on the Committee for a maximum of two 3 year terms.
|
Independent member tenure summary |
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Kathy Alexander (Chair) |
Second Term expiry 24 June 2024 |
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Jeff Rigby |
Second Term expiry 20 August 2023 |
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John Watson |
Second Term expiry 31 May 2022 |
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Dr AJ (John) Purcell |
Second Term resigned July 2020 due to other work commitments |
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Kylie Maher |
First Term appointed March 2020, expiry 3 March 2024 |
5.2. Biannual Committee Declarations
Receipt of biannual written declarations of Committee members by the CEO has been confirmed with the Governance team.
5.3. Committee Reporting to Council
There are two reports mandated by the Local Government Act to be presented to Council by the CEO:
1. Annual Assessment of Audit and Risk Committee Performance was tabled at the December 2020 meeting.
2. The inaugural Biannual Risk Report was tabled at the March 2021 meeting.
6. Charter Amendment
There have been no changes to the current Charter identified as required by the Committee. However, a number of minor corrections are proposed. The have been noted in red text in the extract provided at Attachment 2. These changes are not material and will not require Council approval, as per the Charter.
§ The term ‘Wyndham City Council’ used to refer to the municipal council as an organisation, has been amended to ‘Wyndham City’, for consistency with current organisational standard.
§ To be consistent with the naming in the Local Government Act 2020, any reference to self-assessment is changed to assessment and reference to the Annual Workplan has changed to Work Program.
§ Clarification that Council not Wyndham City will appoint and terminate providers of internal audit services.
§ In response to COVID-19 and the shift to online meetings, the requirement for teleconference or videoconference facilities to be made available with the ‘prior approval of the Chair’, will be removed.
§ Change from ‘will’ to will have opportunity to’ in relation to the ability of the Committee to meet separately with the internal and external auditor, without management present, as they may choose not to exercise the opportunity.
§ The level of the honorarium has been clarified as being agreed by Council as part of the appointment process.
§ Change from ‘will’ to ‘may’ in relation to issue of internal audit scopes for quorum approval via circular resolution.
7. Attachments
Attachment 1: Assessment Questions
FY2020-2021
Attachment 2: Audit & Risk Committee Charter (Extract)
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The Committee has monitored and reported on the systems and activities of Wyndham City in ensuring: |
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(a) Reliable financial reporting and management information |
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(b) High standards of corporate governance |
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(c) Appropriate application of accounting policies |
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(d) Compliance with applicable laws and regulations |
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(e) Effective and efficient internal audit function |
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(f) Effective and efficient external audit function |
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(g) Measures to provide early warning of any issues affecting the organisation’s financial well-being |
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(h) The level and effectiveness of appropriate Business Continuity and Disaster Recovery Planning |
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(i) Maintenance and fostering an ethical environment |
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2 Information Received to Discharge Charter Responsibilities |
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The Committee has received whatever information, presentations, or explanations it considers necessary to fulfil its responsibilities |
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3 Monitoring of Wyndham City’s Governance Arrangements |
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The Committee has worked with management and Internal Audit to develop a framework for monitoring the multi-dimensional elements of corporate governance |
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4 Assurance & Controls |
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The Committee has: |
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(a) Gained a level of assurance that systems are in place within Wyndham City to identify high risks |
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(b) Scheduled audit reviews in accordance with risk assessments |
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(c) Reviewed the effectiveness of internal control systems in place |
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(d) Made recommendations to address control deficiencies |
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5 Financial Controls & Reporting |
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The Committee has reviewed the effectiveness of management information including financial controls and reporting |
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6 Compliance Management |
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The Committee has reviewed reports outlining: |
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(a) Developments and changes in key regulations and laws which have the potential to impact Wyndham City’s strategies and plans |
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(b) Management’s assurances related to compliance with legislations and regulations |
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7 Performance of Auditors |
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The Committee has: |
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(a) Reviewed the performance of internal audit |
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(b) Met privately with the internal and external auditors |
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(c) Recommended internal audit appointments to Council (if applicable) |
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(d) Provided a structured reporting line for internal and external audit |
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(e) Annually approved the Strategic (Three-Year) Internal Audit Plan and the Annual Internal Audit Plan |
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(f) Reviewed progress in the implementation of the audit recommendations |
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8 Meetings |
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Committee Meetings: |
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(a) Were regularly attended by the members |
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(b) Were conducted in accordance with the agenda issued |
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(c) Agendas and supporting papers have been well structured and well written |
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(d) Have been conducted to allow for full participation by all members |
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(e) Have allowed ARMC members to raise any issue they believe relevant |
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(f) Have been conducted to allow for open, frank and robust discussion of all matters raised |
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9 Training |
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The Committee has received adequate training requirements to meet their obligations and responsibilities |
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10 Other Matters |
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Are there any other matters you believe should be raised as part of this assessment of the performance of the Committee for the FY2020/2021? |
All Victorian councils are required to establish audit committees under the Victorian Local Government Act. While the Audit & Risk Committee (the Committee) is not a delegated committee of Council[1], under the act they are subject to the same obligations as a delegated committee in relation to integrity standards and penalties for their breach.
The
Committee has no executive role. It is an advisory committee that plays a key
role to assist Wyndham City Council[2] to fulfil its
assurance and compliance responsibilities. It is independent of management and
reports to the Council, providing recommendations to facilitate decision-making
by the Council. The Committee engages with management in a constructive
and professional manner in discharging its advisory responsibilities and
formulating its advice to Wyndham City Council.
The
Committee has an important independent governance role for the organisation.
Wyndham City Council utilises the ‘Three Lines of Defence’
governance model. This is recognised as global best practice in the governance
of an organisations risk and control management systems. This model is used to
structure the assurance environment and clarify roles and responsibilities.
2. Date of Effect
This charter has effect from 7 July 2020, following its adoption by Council at its Ordinary Meeting on this date.
3. Review Frequency
The
Charter will be reviewed annually by the Committee subsequent to its annual self-assessment and Council approval will be
sought for any proposed material amendment.
Note that the Audit and Risk Committee Annual Workplan
Program will be presented as part of Council approval process but is a working
document and will be updated as required.
4. Objective
The primary objectives of the Committee relate to:
§ Governance – ensuring the transparency of Committee performance in meeting the obligations of this Charter; through planning a program of work, assessing and reporting on its achievement.
§ Finance & Performance – enhancing the credibility and objectivity of financial and performance management and reporting, including review of accounting policy and practice.
§ Audit & Assurance – obtaining confidence in the performance of management, through independent and objective assessment of the organisation (or a similar organisation).
§ Risk & Compliance – reviewing the appropriateness and effectiveness of management’s risk and compliance systems and confirming that an adequate internal control environment is maintained.
5. Authority
The Committee is authorised to:
§ Review the internal and external auditor’s annual audit plans and reports of all audits undertaken.
§ Seek any information or advice it requires from Councillors, Management or external agencies via the Chief Executive Officer.
§ Formally meet with Councillors, management, internal and external auditors as necessary to fulfil its responsibilities.
§ Seek resolution on any disagreements between management and the external auditors on financial reporting.
§ Request external legal or other professional
advice, as considered reasonably necessary to meet its responsibilities, that
will be provided at Wyndham City Council’s
expense.
§ Recommend to Wyndham
City Council the appointment and
termination of internal audit services.
The Chair is authorised to:
§ Require the tabling of Committee reports via the CEO to Council at Ordinary Council Meetings.
§ Prepare a biannual audit and risk report which describes the activities of the Committee, including finding and recommendations, on behalf of the members; which will be provided to the CEO for tabling at Council[3].
6. Membership
The Committee will comprise seven members, the majority of whom must be independent:
§ one (1) independent Chair (must not be a
Councillor of Wyndham City Council);
§ three (3) independent members with backgrounds in finance, risk management and have experience in public sector management; and
§ three (3) Councillors (including the Mayor).
The Committee must collectively have expertise in financial management and risk; and experience in public sector management.
The
Committee must not include any person who is a member of Wyndham City Council staff.
Committee
members must hold in strict confidence all information acquired through the
Council. They must not intentionally or recklessly disclose information that
the person knows, or should reasonably know, is confidential information;
unless authorised by Wyndham City Council or for approved specified legal or regulatory
purposes. They must not intentionally misuse their position to attempt or gain,
directly or indirectly, an advantage for themselves or another; or to attempt
or cause detriment to Wyndham City Council.
6.1 Independent Committee Members
Council will appoint the independent members, including the Chair.
The independent member appointments, including the Chair, are for one term of three years. They are eligible for re-appointment for a second and final three-year term. They will not be re-appointed beyond a second consecutive term. Reappointment should consider the avoidance of more than one member retiring at the same time. To enable orderly rotation of membership, a shorter-term reappointment may be considered, to remain within the six-year maximum term.
The
independent members of the Committee will receive an honorarium for their
attendance at meetings and the work undertaken between meetings. The level of
the honorarium will be agreed by Council as part of the
appointment process reviewed annually by Wyndham City and
paid quarterly.
The
independent members will be covered by the Professional Indemnity insurance
maintained by Wyndham City Council in relation to adverse outcomes arising from advice
provided in good faith while acting in their role as Committee member.
6.2 Councillor Committee Members
The Mayor – ex officio, is appointed to the Committee annually.
Two additional Councillors, preferably with a background in finance and/or risk management or are open to participate in professional development to better equip them for the role.
Councillors will be appointed to the Committee by the Council for one term of four years. Their eligibility for continuous re-appointment is at the discretion of the Council.
Where a serving Councillor is elected as the Mayor, during their term as a member of the Committee, the subsequent vacancy may be filled at the discretion of Council.
7. Quorum
The Committee quorum shall be three members, comprising two independent members and one councillor member.
8. Meetings
8.1 Meeting Attendance
All
Committee members and the CEO are expected to make every endeavour to attend
each meeting in person. However, teleconference or videoconference facilities
will be made available if required with the prior
approval of the Chair.
In addition to the Committee Members, the following persons have a standing invitation to attend relevant sections of the Committee meetings:
§ Wyndham City Council Executive and Management as directed by the Chief Executive
Officer;
§ Wyndham City Council internal auditors; and
§ Wyndham City Council secretariat support.
Other Council employees may be invited at the discretion of the Chair or a standing invitee.
Representatives of the external auditor will attend meetings relevant to the preparation and presentation of the annual financial report and results of the external audit. The external auditor may be invited to attend other meetings as required.
Standing invitees are expected to attend when an agenda item related to their portfolio is presented.
8.2 Meeting Conduct
The Committee will meet at least four times a year, with authority to convene additional meetings, as circumstances require.
The Chair of the Committee is authorised to appoint an Acting Chair when required.
The Committee may, if required, agree to conduct business by circular resolution with approval of the Chair.
Committee members must declare any conflicts of interest at the commencement of each meeting or before discussion of the relevant agenda item or topic. Details of any conflicts of interest will be appropriately minuted.
Where members or invitees at Committee meetings are deemed to have a real, potential or perceived conflict of interest, it may be appropriate that they be excused from Committee deliberations on the issue pertaining to that conflict.
The Committee, without management present, will have opportunity to meet separately with the internal auditor and the external auditor, at least annually, to discuss issues of relevant interest.
8.3 Meeting Facilitation
The Chief Executive Officer must facilitate the meetings of the Committee, maintain appropriate records and provide secretariat support to the Committee, such that:
§ Meeting agendas together with appropriate briefing material are prepared and provided in advance of the meeting date to members, generally seven calendar days.
§ Internal audit scopes will may be issued
for quorum approval via circular resolution.
§ Minutes are prepared and distributed for approval after the meeting and then ratified at the following meeting.
§ Receipt of biannual written declarations of Committee members by the CEO is confirmed. These declarations will state whether members have any pecuniary or other interests of a personal nature, that create a real or potential conflict of interest; that would preclude them from performing their duties as a member of the Committee.
9 Responsibilities
9.1 Governance
§ Receive an update from the CEO on significant achievements and strategic matters which increase Committee understanding of the organisational context and enable the effective performance of their role.
§ Undertake an annual self-assessment of Committee performance to confirm the responsibilities of this charter have been met and provide to the CEO for tabling at the next Ordinary Council Meeting.
§ Adopt a forward meeting schedule including a proposed plan for each meeting for the forthcoming year, that covers the responsibilities of this charter.
9.2 Finance and Performance
§ Monitor the annual financial and performance
reporting of Wyndham City Council, and
consider whether it is complete, consistent with information known to the
Committee, and reflects appropriate accounting principles and policy.
§ Review significant accounting and reporting issues, including complex or unusual transactions and areas that rely substantially on professional judgment, and recent accounting, professional and regulatory pronouncements and legislative changes, and understand their effect on financial policy management and reporting.
§ Review the process for the consolidation of
financial information of any Wyndham City Council related entities into the annual financial report.
§ Recommend the adoption of Annual Financial and Performance Statements to Council.
§ Monitor Councillor expenses, to ensure they are in line with policy and are an appropriate use of public funds.
§ Monitor Chief Executive Officer purchasing card expenses, to ensure they are in line with policy and are an appropriate use of public funds.
9.3 Audit and Assurance
Monitor
the performance audits undertaken by the Victorian Auditor-General’s
Office, and other relevant reports conducted by external integrity agencies,
considering the implications for Wyndham City Council.
Provide an opportunity for the auditors to meet with the Committee to discuss any matters that the Committee, internal auditor or external auditor believes should be discussed privately.
Internal Audit
§ Review with management and the internal auditor the performance of the internal audit function, ensuring the charter, activities, staffing, and structure are appropriate to enable their independent review.
§ Review and approve the annual audit plan and all major changes to the plan, including coverage of material business risks.
§ Monitor the execution of the internal audit plan, by approving internal audit scopes, accepting internal audit reports and reviewing managements completion of agreed actions.
External audit[4]
§ Note the external auditor’s proposed audit scope and approach, including any reliance on internal auditor activity.
§ Review with management and the external auditor the results of the financial audit.
9.4 Risk and Compliance
Risk Management
§ Monitor and advise on the implementation of the risk framework and management of strategic risks, including consideration of the effectiveness of the key control environment and reliability of assurance activities.
§ Review insurance coverage and claims management annually to be assured of the adequacy of the insurance program as a key mitigation for financial risk exposure.
§ Monitor and advise on the implementation of the business continuity management system, obtaining sufficient assurance that management have an appropriate and effective system in place.
Compliance Management
§ Monitor and advise on the implementation of the enterprise compliance management system, and management of compliance obligations, including consideration of the effectiveness of the key control environment and reliability of assurance activities.
§ Receive and review management assurances and relevant supporting evidence in relation to the systems and processes in place to monitor the effectiveness of compliance with legislation and regulations.
§ Monitor and advise on the implementation of the fraud and corruption control management system, obtaining sufficient assurance that management have an appropriate and effective system in place.
§ Monitor application of integrity policies and the reporting of their associated registers: Gifts, Benefits & Hospitality Policy and Conflict of Interest – Compliance, Process & Guidance Policy.
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ATTACHMENT No: 2 - Biannual Audit & Risk Committee Audit and Risk Report |
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Item No: 6.5.8 |
Biannual Audit and Risk Report – October 2021
Part 1: Activities of the Audit and Risk Committee
Committee meeting information and content for the 6 month period covering the June and September Audit and Risk Committee meetings.
ARC Meeting – 9 June 2021
Committee attendance: Dr Kathy Alexander (Chair); Cr Adele Hegedich (Mayor); Mr Jeff Rigby; Mr John Watson; Ms Kylie Maher; Cr Susan McIntyre; Cr Sahana Ramesh;
Management attendance: Mr Natalie Walker (CEO - Acting); Ms Binda Gokhale (CFO); Mr Stephen Thorpe (Director); Mr Johnny Marinis (Financial Controller); Mr Michael Kelly (Financial Controller); Mr Tony Perrins (Manager Procurement); Ms Melinda Chapman (Manager Community Support); Ms Jenny Wood (Coordinator Governance); Ms Doris Tehan (Executive Assistant); Ms Merryn Menjivar (Personal Assistant);
Auditor attendance: Ms Debra Robertson (Internal Audit NTT Australia Digital); Mr Martin Orozi (Internal Audit NTT Australia Digital); Mr Nick Walker (External Audit HLB Mann Judd on behalf of VAGO); Ms Donna Attard (External Audit HLB Mann Judd on behalf of VAGO);
ARC Meeting – 15 September 2021
Committee attendance: Dr Kathy Alexander (Chair); Cr Adele Hegedich (Mayor); Mr Jeff Rigby; Mr John Watson; Ms Kylie Maher; Cr Susan McIntyre; Cr Sahana Ramesh;
Councilor attendance: Cr Jasmine Hill (observer)
Management attendance: Mr Stephen Wall (CEO); Ms Binda Gokhale (CFO); Mr Stephen Thorpe (Director); Ms Natalie Walker (Director); Mr Ludo Campbell-Reid (Director); Mr Mark Ward (Chief of Staff); Mr Gavin Shields (IT Program Director); Mr Michael Kelly (Financial Controller); Mr Tony Perrins (Manager Procurement); Ms Cath Burbidge (Coordinator Risk); Ms Doris Tehan (Executive Assistant); Ms Merryn Menjivar (Personal Assistant);
Auditor attendance: Ms Debra Robertson (Internal Audit NTT Australia Digital); Mr Martin Orozi (Internal Audit NTT Australia Digital); Mr Nick Walker (External Audit HLB Mann Judd on behalf of VAGO); Ms Donna Attard (External Audit HLB Mann Judd on behalf of VAGO);
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Agenda Item |
FY2021 Q4 JUN |
FY2122 Q1 SEPT |
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GOVERNANCE |
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Charter Responsibilities: ▪ Receive an update from the CEO on significant achievements and strategic matters which increase Committee understanding of the organisational context and enable the effective performance of their role. ▪ Undertake an annual self-assessment of Committee performance to confirm the responsibilities of this charter have been met and provide to the CEO for tabling at the next Council Meeting. ▪ Adopt a forward meeting schedule including a proposed plan for each meeting for the forthcoming year, that covers the responsibilities of this charter. |
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CEO Brief |
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Annual ARC Self-Assessment FY2020-2021 |
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Biannual Audit and Risk Report |
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Governance items of note:
· Chief Executive Officer verbal briefing is changing to a summary paper changing to a summary paper providing discussion topics and where relevant the CEO will include a briefing from the Chief Legal Counsel.
· The Biannual Audit and Risk Report is prepared for Council following the March and September Committee meetings. It will therefore be confirmed at the June and December Committee meeting that the report has been tabled. The Inaugural report was presented to Council in June 2021.
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Agenda Item |
FY2021 Q4 JUN |
FY2122 Q1 SEPT |
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FINANCE & PERFORMANCE |
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Charter Responsibilities: ▪ Monitor the annual financial and performance reporting of Wyndham City Council, and consider whether it is complete, consistent with information known to the Committee, and reflects appropriate accounting principles and policy. ▪ Review significant accounting and reporting issues, including complex or unusual transactions and areas that rely substantially on professional judgment, and recent accounting, professional and regulatory pronouncements and legislative changes, and understand their effect on financial policy management and reporting. ▪ Review the process for the consolidation of financial information of any Wyndham City Council related entities into the annual financial report. ▪ Recommend the adoption of Annual Financial and Performance Statements to Council. ▪ Monitor Councilor expenses, to ensure they are in line with policy and are an appropriate use of public funds. ▪ Monitor Chief Executive Officer credit card expenses, to ensure they are in line with policy and are an appropriate use of public funds. |
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CFO Brief |
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External Audit Scope – FY2021-2022 |
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External Audit Interim Report FY2020-2021 |
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Annual Financial & Performance Report FY2020-2021 |
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Financial Management Update |
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Procurement Management Update |
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Finance & Performance items of note:
· Chief Executive Officer verbal briefing is changing to a summary paper changing to a summary paper outlining key discussion topics.
· Procurement Management Update report has been split from Financial Management Update to focus content deliver in the respective areas.
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Agenda Item |
FY2021 Q4 JUN |
FY2122 Q1 SEPT |
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AUDIT & ASSURANCE |
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Charter Responsibilities: Monitor the performance audits undertaken by the Victorian Auditor-General’s Office, and other relevant reports conducted by external integrity agencies, considering the implications for Wyndham City Council. Provide an opportunity for the auditors to meet with the Committee to discuss any matters that the Committee, internal auditor or external auditor believes should be discussed privately. Internal Audit: ▪ Review with management and the internal auditor the performance of the internal audit function, ensuring the charter, activities, staffing, and structure are appropriate to enable their independent review. ▪ Review and approve the annual audit plan and all major changes to the plan, including coverage of material business risks. ▪ Monitor the execution of the internal audit plan, by approving internal audit scopes, accepting internal audit reports and reviewing managements completion of agreed actions. External audit: ▪ Note the external auditor’s proposed audit scope and approach, including any reliance on internal auditor activity. ▪ Review with management and the external auditor the results of the financial audit. |
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Annual Internal Audit Plan (including update of 3 year strategic plan) |
DRAFT |
FINAL |
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Internal Audit Status Update |
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Internal Audit Scopes |
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Internal Audit Reports |
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Internal Audit Performance |
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Integrity Agencies Reports relevant to Wyndham City Council |
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Audit & Assurance items of note:
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Internal Audit Recommendation Status |
HIGH RISK |
MEDIUM RISK |
LOW RISK |
TOTAL |
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Open actions at start of period |
4 |
20 |
6 |
30 |
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New actions added during period |
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1 |
2 |
3 |
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Completed actions closed during period |
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6 |
6 |
12 |
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Open actions at end of period |
4 |
15 |
2 |
21 |
· The Annual Internal Audit Plan has been integrated within a three year strategic audit plan including assurance mapping, reflective audit planning and assurance activity undertaken across the past year.
· The FY2021 Internal Audit Program was closed out with Internal Audit Scope and Report documents approved for the ERP Implementation Project and Follow up of FY2021 Internal Audit Findings reviews as well as the reports for the Kindergarten Management and Financial Controls – Procure to Pay Cycle reviews.
· The FY2021 Internal Audit Program commenced with Internal Audit Scope documents accepted for four reviews: Victorian Protective Data Security Framework (VPDSF) Health Check, Fraud and Corruption Prevention and Control, Contaminated Land Management and Development Contributions.
· The Annual Financial Reporting information was reviewed and recommended to Council for approval.
· The Integrity Agencies Reports relevant to Wyndham City Council identified by the Internal Auditor for management commentary included:
o Outsourcing of parking fine internal reviews – a follow-up report;
o Results of 2019–20 Audits: Local Government;
o Investigation into how local councils respond to ratepayers in financial hardship;
o Investigation into Melton City Council’s engagement of IT company; and
o Corruption and integrity: Perceptions of Victorian local government employees.
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Agenda Item |
FY2021 Q4 JUN |
FY2122 Q1 SEPT |
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RISK & COMPLIANCE |
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Charter Responsibilities Risk: ▪ Monitor and advise on the implementation of the risk framework and management of strategic risks, including consideration of the effectiveness of the key control environment and reliability of assurance activities. ▪ Review insurance coverage and claims management annually to be assured of the adequacy of the insurance program as a key mitigation for financial risk exposure. ▪ Monitor and advise on the implementation of the business continuity management system, obtaining sufficient assurance that management have an appropriate and effective system in place. Charter Responsibilities Compliance: ▪ Monitor and advise on the implementation of the enterprise compliance management system, and management of compliance obligations, including consideration of the effectiveness of the key control environment and reliability of assurance activities. ▪ Receive and review management assurances and relevant supporting evidence in relation to the systems and processes in place to monitor the effectiveness of compliance with legislation and regulations. ▪ Monitor and advise on the implementation of the fraud and corruption control management system, obtaining sufficient assurance that management have an appropriate and effective system in place. ▪ Monitor application of integrity policies and the reporting of their associated registers: Gifts, Benefits & Hospitality Policy and Conflict of Interest – Compliance, Process & Guidance Policy. |
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Risk Management Update |
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Organisational Resilience Management Review |
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Annual Insurance Program Review |
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Compliance Management Update |
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CEO Compliance Attestation |
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Special Report: IT Risk Management |
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Special Report: Council’s Sexual Harassment Policy Framework |
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Risk & Compliance items of note:
· Risk Management Update presented strategic risk information aligned to the annual reporting cycle, covering: Financial Sustainability, Government directive, Technology Enabler & Disruptors, Community Assets & Infrastructure, Local Economic Growth and Crisis Management. Emerging risk view was presented by the Director City Operations, and the presentation of the Director City Design and Liveability as deferred.
· The Annual Business Continuity Management review has been reframed as an Organisational Resilience Management report. This reflects the broader scope and more proactive approach adopted organizationally following experience with COVID-19.
· Annual Insurance Program noted 11 existing policies taken out by Wyndham City have been retained.
· Compliance Management Update presented compliance program risk information aligned to the biennual reporting cycle, covering: Health & Safety Management, Roads Management, Financial Management, Waste Management, Animal Management and Local Laws Management. The biannual report of gifts, benefits and hospitality was also presented as well as the implementation status of the Local Government Act 2020.
· The IT Risk Management report was proposed by the acting CEO and communicated Wyndham City’s approach to the management of risk in the IT environment, providing assurance that the new quality management driven operating model being implemented will support technology service delivery into the future.
· The Sexual Harassment Policy Framework report was requested by the Committee following discussion at the March 2021 meeting, regarding the VAGO Sexual Harassment in Local Government report, presented as part of the Integrity Agencies Reports relevant to Wyndham City Council.
Biannual Audit and Risk Report – October 2021
Part 2: Findings and Recommendations of the Audit and Risk Committee
Comments from the Chair:
This is the first Biannual Audit and Risk Report provided to Council which I am pleased to present in my role as Chair of the Audit and Risk Committee (ARC).
It is clear to the ARC that Council’s risk culture has matured over the course of this reporting period. In particular, the following aspects are to be noted:
· ARC has adopted an Audit and Risk Committee Charter which incorporates the requirements of the Local Government Act 2020;
· The ARC annual covers off the roles and responsibilities outlined under the Charter;
· ARC has approved a Comprehensive Risk Framework and Policy which is focused on Council’s strategic and emerging risks;
· The ARC and Management have increased staff engagement with internal and external Audit and focused on closing management actions arising from past audits.
· Management has improved the quality of reporting, in particular the Council’s emergency and community responses through the COVID pandemic
This reporting period also saw changes to the ARC membership with three new Councillor representatives – Cr Adele Hegadich (Mayor), Cr Susan McIntyre, Cr Sahana Ramesh and Kylie Maher appointed as new external member.
The ARC reviews and improves its performance by conducting an annual self-assessment. The report on the 2019/20 self-assessment was tabled at Council’s December 2020 meeting. This process of self-assessment provides valuable insight for Committee members, Management and Councillors and informs areas of development and focus required in delivering against the Charter responsibilities. The following comments have been provided by management regarding their approach in bringing audit and risk matters to the Committee for consideration.
Audit:
- Following approval of the revised Audit and Risk Committee Charter by Council in July 2020, focus shifted to improving the governance of audits and staff engagement with the Internal Auditors. This led to endorsement of a revised Internal Audit Charter at the ARC October 2020 meeting. The supporting documents: Internal Audit Contract Management Plan and Internal Audit Quick Reference Guide were also noted at this session. An assessment of the Internal Auditor’s performance, in line with the metrics agreed in the contract management plan, was also presented at this meeting. This is the first time this assessment had been undertaken.
- Performance of internal audits has been more actively facilitated by the risk team to improve business engagement and focus audit attention on areas of greatest risk within agreed audit objectives.
- Management’s monitoring and reporting of internal audit actions has continued to mature across this period, including:
o Revision to the structure, layout and accessibility of the ‘Pulse’ system where these actions are recorded;
o Management can now self-serve to update action status information within the tool, and upload evidence of action completion;
o Actions not completed by the original due date are now able to have a revised date set with agreement from the ELT member nominated as Audit Sponsor (with evidence retained);
o Tracking of audit actions now includes both external financial audit actions and VAGO performance audits where WCC has been a named participant as well as internal audit actions;
o ARC feedback on reporting content has led to revision of reporting formats and the inclusion of greater detail; and
o An additional validation step is being introduced to review action completion and evidence retention holistically, when all actions for an audit have been completed. The audit action will be closed in consultation with the Audit Owner and Sponsor.
Risk:
- Enterprise risk profile content has been expanded to include the summary risk from the 21 identified compliance programs, enabling holistic view of risk while supporting improvement in compliance. A Strategic Risk meeting cycle has been established and published on the intranet to share key risk information and encourage stakeholder contribution to topics relevant to their work. Directors will be in attendance at ARC meetings on a rotating basis and speak to emerging risks in their area of responsibility. Development of strategic risk assurance activities has been the focus over the past 6 months. Meetings with all business area leadership teams have been held to identify key operational risks. A report will shortly be reviewed by the Executive. Following that, work with identified owners and delegates will commence to develop our understanding of these risks. Mapping has occurred across the enterprise risk profile to identify gaps and will form part of the conversation about the comprehensiveness of risk mitigation strategies.
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Other Reports |
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Council Meeting Tuesday, 30 November 2021 |
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File No:
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Item No: 6.5.9 Chief Executive Officer - Stephen Wall |
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Councillor Appointments to Committees |
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Each year, following the election of the Mayor and Deputy Mayor Council reviews the appointment of Councillors to all committees (external and internal). Proposed appointments for the 2021/22 Council year are tabled and considered at the meeting.
Internal advisory committees are committees established by Council that provide advice to Council. Council has also created some Portfolios to help form strategies, set policy and gather community feedback. The Portfolios are supported by a Portfolio Committee consisting of community representatives and experts in their field, chaired by the relevant Councillor Portfolio holder.
External advisory committees are convened by external parties. Council is invited to nominate Councillors (or Council officers, as appropriate) to represent Council in these advisory or decision-making governance structures.
Attachments
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1. |
Draft - 2022 External and Internal Committees List |
Officers’ Declaration of Interests
Under Section 130 of the Local Government Act 2020, officers providing advice to Council must disclose any interests, including the type of interest.
Chief Executive Officer - Stephen Wall
In providing this advice as the CEO, I have no disclosable interests in this report.
Executive Manager Corporate Affairs - Emily Keogh
In providing this advice as the Manager, I have no disclosable interests in this report.
Governance Coordinator - Jenny Wood
In providing this advice as the Author, I have no disclosable interests in this report.
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RECOMMENDATION
That Council nominate representation on internal and external advisory committees and groups for the 2021/2022 Council year, as per the attached document.
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Cr Sahana Ramesh / Jasmine Hill
That Council nominate representation on internal and external advisory committees and groups for the 2021/2022 Council year, as per the attached document.
(CARRIED) |
1. Background
Councillors were appointed to the internal and external committees and groups in 2020 at the beginning of the current council term. They were in turn approved by council at meetings held on 23 November and 8 December 2020. Each year the committee appointments are reviewed and updated following the election of the Mayor and Deputy Mayor.
2. Relevant Law
Section 63 and 64 of the Local Government Act 2020 outlines the requirements of both delegated and joint delegated committees.
3. Discussion
At the start of the Council term all Councillors are appointed to internal and external Committees including Portfolio Committee’s. These committee are formed to support the decision making, policy development, decision making and project management across the municipality.
Table 1: Portfolio Committees
Council delivers a range of programs and initiatives that contribute to the delivery of the Council Plan 2021-25 and ultimately the Wyndham 2040 Community Vision. To support the attainment of Council’s strategic objectives, as described in the Council Plan 2021-25, Council creates several key advisory committees, to support some Portfolio areas
Table 2: Externally Appointed Committees
Some Councillors are also appointed to external committees. In some cases, they are positions not appointed by Council, but by an external body. With the exception of the MAV representative, Councillors who have been previously successfully elected / appointed as representatives of Wyndham City Council will retain these appointments.
The MAV is a membership association and the legislated peak body for local government in Victoria. Each member council can appoint a representative to attend the State Council meetings, exercise their council’s vote and provide regular reports to their council on their activities. Appointments for MAV representatives are made annually by each council.
Table 3: Municipal Association of Victoria Committees
The MAV has several committees to support the policy and advocacy for the MAV and Local Government in Victoria.
Following a review of the committees, the Board resolved at its October 2020 meeting that the Human Services Committee, the Emergency Management Committee and the Professional Development Reference Group will continue subject to a review of each committee’s terms of reference.
To strengthen member engagement, the Transport and Infrastructure Committee, the Planning Committee, and the Environment Committee have been replaced by regular forums open to all MAV members. As a result, Councillor appointments to these committees are no longer required and these committees have been removed from the attached list of appointments.
Table 4: Other Internal/External Committees/Organisations
Councillors are appointed to several other internal and external advisory committees to support projects, policy and decision making across the municipality.
Table 5: Joint Delegated Committees
Section 63 and 64 of the Local Government Act 2020 outlines the provisions for the development of a delegated or joint delegated committee. Currently Wyndham City Council have one delegated committee for Planning and are a member of one joint delegated committee, LeadWest.
4. Wyndham 2040 Community Vision
· Leadership and Participation:
The community of Wyndham City Council has said that they value being heard in
matters of importance to them. Councillors are actively involved and
encourage participation from the community on a number of key advisory
committee’s and groups. Their input is valuable to Council to
support the decision making across the municipality.
5. Council Plan
7.3 Foster trust in Council through the implementation of effective civic leadership and responsible governance processes that ensure accountability and compliance with all legislated and statutory requirements
6. Other Council Strategies, Plans and Policies
Not applicable
7. Regional, State and national plans and Policies
Internal and external committees are established by Council and external bodies and organisations to support the policy, advocacy and decision making across the municipality. Generally the committees are associated with current regional, state and national plans and policies.
8. Financial Viability
All attendance expenses are within the current budget.
9. Sustainability Implications
Not applicable
10. Options
Not applicable
11. Community Engagement
Not applicable
12. Communication Strategy
Once adopted the appointments to internal and external committees will be communicated through internal channels to the relevant Council departments. External organisations will be notified directly,.
13. Innovation and Continuous Improvement
Not applicable
14. Collaboration
Not applicable
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ATTACHMENT No: 1 - Draft - 2022 External and Internal Committees List |
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Item No: 6.5.9 |
APPOINTMENTS:
INTERNAL & EXTERNAL COMMITTEES/ORGANISATIONS
Adopted 30 November 2021
Table 2: Externally Appointed Committees
Table 3: Municipal Association of Victoria Committees
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PORTFOLIO NAME |
TYPE OF COMMITTEE |
COUNCILLOR
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COUNCIL OFFICER |
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1. Active City |
Internal Advisory Committee |
Cr. Peter Maynard |
A Kenwood – Director City Life C Atkins – Manager Sports & Recreation
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2. City Design |
Internal Advisory Committee
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Cr. Josh Gilligan |
L Campbell-Reid – Director City Design & Liveability A Chiles – Manager Urban Futures **Community Committee Members to be appointed in early 2022 |
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3. Climate Futures and Environment |
Internal Advisory Committee
|
Cr. Robert Szatkowski |
P McKinnon – Manager Climate Futures Office **Community Committee Members to be appointed in early 2022 |
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4. Community Safety
|
Internal Advisory Committee
|
Cr. Susan McIntyre |
A Kenwood – Director City Life C Eberly – A/Manager Community Planning & Development |
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5. Creative
City
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Internal Advisory Committee
|
Cr. Marcel Mahfoud |
L Campbell-Reid – Director City Design & Liveability C Toussaint – A/Manager Vibrant City Centres **Community Committee Members to be appointed in early 2022 |
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6. Destination Wyndham
|
Internal Advisory Committee
|
Cr. Heather Marcus |
E Keogh – Executive Manager Corporate Affairs **Community Committee Members to be appointed in early 2022 |
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7. Future Focused Economy
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Internal Advisory Committee
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Cr. Mia Shaw |
P McKinnon – Manager Climate Futures Office |
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8. Healthy City |
Internal Advisory Committee
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Cr. Adele Hegedich |
A Kenwood – Director City Life G Hill – Manager Service, Planning and Partnering Reform |
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9. Learning City
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Internal Advisory Committee |
Cr. Jasmine Hill |
A Kenwood – Director City Life R Rathjen – Manager Libraries and Community Learning **Community Committee Members to be appointed in early 2022 |
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10. Smart Cities
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Internal Advisory Committee
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C. Sahana Ramesh |
L Campbell-Reid – Director City Design & Liveability B Sinnott – A/Manager Smart City Office |
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11. Welcoming City
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Internal Advisory Committee
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Cr. Jennie Barrera |
A Kenwood – Director City Life C Eberly – A/Manager Community Planning & Development |
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TABLE 2: EXTERNALLY APPOINTED COMMITTEES |
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TYPE OF COMMITTEE |
COUNCILLOR 2021/22 |
COUNCIL OFFICER |
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1. Gender Equality Advisory Committee |
External Advisory Group By Ministerial appointment |
Cr. Jennie Barrera |
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2. MAV Delegate |
External Organisation |
Cr. Sahana Ramesh |
S Wall - CEO or delegate |
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3. National Growth Area Alliance Strategic Committee |
External Unincorporated Alliance Appointed by Election of Member Councils |
Cr. Peter Maynard |
S Wall - CEO N Walker – Head of Strategy & Policy Impact
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4. Tarneit Suburban Revitalisation Board |
External Advisory Group By Ministerial appointment |
Mayor – Cr Peter Maynard |
L Campbell-Reid – Director City Design & Liveability |
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5. Victorian Government’s Youth Justice Community Advisory Group |
External Advisory Group By Ministerial appointment |
Cr. Peter Maynard Cr. Susan McIntyre Cr. Heather Marcus
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N Walker – Head of Strategy & Policy Impact
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ATTACHMENT No: 1 - Draft - 2022 External and Internal Committees List |
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Item No: 6.5.9 |
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TABLE 3: MUNICIPAL ASSOCIATION OF VICTORIA(MAV) COMMITTEES |
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TYPE OF COMMITTEE |
COUNCILLOR 2021/22 |
COUNCIL OFFICER |
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1. MAV Substitute (Deputy) Delegate |
External Unincorporated Committee |
Cr. Heather Marcus |
S Wall - CEO or delegate |
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2. MAV Emergency Management Committee |
External Unincorporated Committee |
Cr. Susan McIntyre |
Peter McKinnon – Manager Climate Futures Office F Swan – Coordinator Emergency Resilience |
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3. MAV Human Services Committee |
External Unincorporated Committee |
Cr. Adele Hegedich |
A Kenwood – Director City Life Georgie Hill Manager Service Planning, Partnering & Reform (Proxy) |
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4. MAV Professional Development Reference Group |
External Unincorporated Committee |
Cr. Sahana Ramesh |
E Keogh – Executive Manager Corporate Affairs |
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TABLE 4: OTHER INTERNAL/EXTERNAL COMMITTEES/ORGANISATIONS |
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COMMITTEE/ORGANISATION NAME |
TYPE OF COMMITTEE |
COUNCILLOR 2021/22 |
COUNCIL OFFICER/S |
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1. Audit & Risk Management Committee |
Internal Advisory Committee Mayor and two Councillors |
Mayor – Cr. Peter Maynard Cr. Sahana Ramesh Cr. Susan McIntyre
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B Gokhale – CFO
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2. Association of Bayside Municipalities |
External Unincorporated Association |
Cr. Robert Szatkowski |
F Stevenson – Coordinator Green Living |
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3. Alliance for Gambling Reform |
External Unincorporated |
Cr. Jennie Barrera |
N Walker – Head of Strategy & Policy Impact
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4. CEOs Performance and Remuneration Review |
Internal Advisory Committee |
Mayor – Cr Peter Maynard
Iramoo Ward Councillor Cr. Mia Shaw
Chaffey Ward Councillor Cr. Jennie Barrera
Harrison Ward Councillor Cr. Jasmine Hill |
D Aberdeen – Manager People & Capability
** Deputy Mayor Jasmine Hill to be added following adoption of the new Policy in December 2021 – Committee can have up to 3 councillors so another councillor may be appointed |
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5. Community Safety
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External Committee
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Cr. Susan McIntyre |
A Kenwood – Director City Life C Eberly – A/Manager Community Planning & Development |
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6. Interface Councils Group Forum |
External Unincorporated Association |
Mayor – Cr Peter Maynard
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N Walker – Head of Strategy & Policy Impact
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7. Lawrie Emmins Motocross Community Reference Group |
Internal Advisory Committee |
Cr. Peter Maynard |
C Atkins – Manager Sport & Recreation S Dawe – Leisure Facilities Project Officer
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8. Metropolitan Transport Forum |
External Unincorporated Committee |
Mayor – Cr. Peter Maynard
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M Falkenberg – Manager City Transport |
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External Unincorporated Committee |
Cr. Robert Szatkowski |
S Thorpe – Director City Operations S Clay – Manager Waste Management & Disposal |
|
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10. Municipal Emergency Management Planning Committee |
Internal Advisory Committee |
Cr. Susan McIntyre |
P McKinnon – Manager Climate Futures Office F Swan – Coordinator Emergency Resilience |
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11. Public Art & Collections Expert Advisory Panel |
Internal Advisory Committee |
Cr. Marcel Mahfoud |
L Campbell-Reid – Director City Design & Liveability C Toussaint – A/Manager Vibrant City Centres D Aston – Coordinator Arts, Culture and Events |
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12. RDF (Wests Road) and Waste Management Community Reference Group |
Internal Advisory Committee |
Cr. Heather Marcus Cr. Peter Maynard
|
S Thorpe – Director City Operations S Clay – Manager Waste Management and Disposal |
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13. Reconciliation Advisory Committee |
Internal Advisory Committee |
Mayor – Cr. Peter Maynard Cr Jennie Barrera |
A Kenwood – Director City Life C Eberly – A/Manager Community Planning & Development G Hill – Manager Service Planning, Partnering & Reform |
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14. Reserve Working Groups |
Internal Advisory Committee |
All (respective) Ward Councillors |
C Atkins– Manager Sports & Recreation T Delahunty – Team Leader Sport Development & Community Participation |
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15. Roadsafe Westgate Community Road Safety Council |
External Incorporated Company |
Cr. Susan McIntyre |
P Fung – Coordinator Traffic & Transport |
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16. Social and Economic Inclusion Taskforce |
Internal Advisory Committee |
Cr. Jennie Barrera |
C Eberly – A/Manager Community Planning & Development |
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17. VU Sporting Complex Committee of Management |
Internal Advisory Committee |
Cr. Peter Maynard |
C Atkins – Manager Sports & Recreation T Delahunty – Team Leader Sport Development & Community Participation |
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18. Werribee City Centre Safety Committee |
External Advisory Committee |
Cr. Susan McIntyre |
C Toussaint– A/Manager Vibrant City Centres
|
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19. Werribee River Association Inc |
External Incorporated Association |
Cr. Robert Szatkowski |
F Stevenson – Coordinator Green Living A Salkeld – Team Leader Environment |
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20. Werribee South Green Wedge Steering Committee
|
Internal Advisory Committee |
Cr. Heather Marcus (Chair) Cr Peter Maynard Cr Mia Shaw Cr Jasmine Hill (Cr Susan McIntyre - Alternate)
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A Chiles – Manager Urban Futures E Comello – Coordinator Strategic Planning |
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21. Western Melbourne Tourism Committee |
External Unincorporated Committee |
Cr Heather Marcus |
E Keogh – Executive Manager Corporate Affairs |
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22. Western Transport Alliance |
External Unincorporated Committee |
Mayor – Cr. Peter Maynard |
M Falkenberg– Manager City Transport |
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23. Western Treatment Plant Biodiversity Conservation Advisory Committee |
External Unincorporated Committee |
Cr. Robert Szatkowski |
A Salkeld – Team Leader Environment
|
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24. Wyndham Community Grants Program Evaluation Panel |
Internal Advisory Committee |
Mayor – Cr. Peter Maynard Cr. Josh Gilligan Cr. Mia Shaw Cr. Jasmine Hill Cr. Heather Marcus Cr. Marcel Mahfoud |
C Eberly – A/Manager Community Planning & Development E Keogh – Executive Manager Corporate Affairs of Delegate |
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TABLE 5: DELEGATED COMMITTEES |
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COMMITTEE NAME |
TYPE OF COMMITTEE |
COUNCILLOR 2021/22 |
COUNCIL OFFICER/S |
|
1. Planning Committee |
Delegated Committee |
All Councillors |
L Campbell-Reid - Director City Design & Liveability P Van Til – Manager Planning & Building A Chiles – Manager Urban Futures
|
|
2. LeadWest Committee |
Joint Delegated Committee |
Cr. Peter Maynard Cr. Susan McIntyre (Proxy)
|
S Wall - CEO N Walker – Head of Strategy & Policy Impact
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Notice of Motion |
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Council Meeting Tuesday, 30 November 2021 |
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File No:
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Item No: 7.1 Councillor Heather Marcus |
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Notice of Motion 613 - Wyndham Flower Festival |
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TAKE NOTICE that at the Council Meeting to be held on 30 November 2021, it is my intention to move the following motion:
That Council receive a business case for consideration at the February 2022 Council meeting, outlining the programming, budget and resourcing plan for a new Wyndham Flower Festival event to be staged in the city.
RATIONALE
As the State of Victoria emerges from lockdown – it is important for our residents to have something new, vibrant, exciting and different to look forward to. This will be a great way to bring people together again to celebrate. It is also important for our local businesses to have increased visitation to revitalize their businesses. Events provide a great vehicle for encouraging community connectedness and will stimulate the economy. Wyndham has a record of staging quality events, but we must look at different festivals to bring our residents and visitors together again.
I believe there is a huge opportunity for a signature event to be staged in our city and based on the success of like events internationally (Chang Rai Flower Festival Thailand and Holland Flower Festival) A Wyndham Flower Festival is proposed.
Held in the Werribee City Centre, the Wyndham Flower Festival would feature a parade of floats down Watton Street – all covered in handmade flowers (put together by community members). We would invite all cultures to have their own floats.
This would be complimented by several entertainment stages featuring a combination of headline acts, multicultural groups, schools and community groups. Local businesses would be encouraged to be part of the festival by opening and decorating their shops with stalls on the footpaths. Wyndham Park could also become a hive of activity.
I believe all shopping centres could be involved and dress up their centres with flowers as well.
It is proposed that the event be funded by Council and Corporate Companies and be coordinated by a joint committee of Council staff and community representatives and co-chaired by Cr Marcel Mahfoud as the Creative City Portfolio holder and me as the Destination Wyndham portfolio holder.
A business case is therefore required to provide full programming details, costings and a resourcing plan for Council’s consideration, with a view to the event being staged in the spring season of 2022.
CR Heather Marcus
Date: 30 November 2021
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MOTION
That Council receive a business case for consideration at the February 2022 Council meeting, outlining the programming, budget and resourcing plan for a new Wyndham Flower Festival event to be staged in the city.
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CRS Heather Marcus / Mia Shaw
That Council receive a business case for consideration at the February 2022 Council meeting, outlining the programming, budget and resourcing plan for a new Wyndham Flower Festival event to be staged in the city.
(CARRIED) |
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Notice of Motion |
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Council Meeting Tuesday, 30 November 2021 |
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File No:
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Item No: 7.2 Councillor Mia Shaw |
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Notice of Motion 614 - Advocacy for Wyndham Road Network Priorities |
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TAKE NOTICE that at the Council Meeting to be held on 30 November 2021, it is my intention to move the following motion:
That Council:
1. Notes the importance of the Ison Road overpass to the Wyndham Westlink arterial, providing much needed Freeway access for residents in Wyndham’s West;
2. Undertakes community consultation via The Loop in February 2022 to ascertain community feedback in relation to the Ballan Road duplication, as recognised as an advocacy priority in the Securing Wyndham’s Future Advocacy Strategy;
3. Seeks feedback from the community as part of the consultation process as to the prioritisation of the signalisation of the Ballan Road and McGrath Road intersection; and
4. Receives a report in March 2022 outlining the feedback from the community and associated action plan, where required.
Rationale
Ballan Road has provided access to Wyndham West since Wyndham Vale was first established in the 1960’s. Since that time, the area has grown exponentially with the development of Wyndham Green, Manor Lakes, Bluestone Green and the Harpley Estate – yet Ballan Road has remained the same in terms of capacity and the local road network is suffering significantly as a result.
In 2012 GTA Consultants (GTA) were engaged by the Victorian State Government to undertake traffic modelling for the PSPs in the Wyndham West area and translate the outputs into road cross sections and concept intersection designs for input to the Precinct Structure Plan (PSP) process. The report is titled Wyndham West Precinct Structure Plan Transport Assessment and was finalised on 28 May 2012 and was prepared in consultation with the GAA, Council and VicRoads.
The report formed the basis for road and intersection concept layouts and configurations, but actual detailed road and intersection designs were to be prepared at a later date as part of detailed planning connected with approvals and permit processes for specific development applications. In some instances, this has never happened.
The report states, on page 34, “as highlighted in the previous section, Ballan Road, Greens Road and Bulban Road (all existing roads) are to be upgraded and extended to form arterial roads throughout the site and the broader road network. The modified arterial road network is anticipated to operate satisfactorily given the anticipated PSP traffic generation which are discussed in the previous sections and further analysed in the following sections.”
The report also notes on page 33 that VicRoads has indicated that both Ballan Road and Westbrook Drive will be configured with 6 lanes. Modelling undertaken as part of this assessment indicates that from a capacity point of view Ballan Road and Westbrook Drive will only require 4 lanes each. The additional lanes required by VicRoads could be used as dedicated public transport lanes and as such, 6-lane cross-sections have been assumed for future planning purposes.
Ballan Road traffic volumes recorded in 2019 were at approximately 20,000 vehicle movements per day, with the two-lane road providing access to highly patronised sites such as the Werribee Racecourse, St Andrews Church and Primary School, Iramoo Primary School and or course Eagle Stadium. Anyone attempting to access any of these facilities during peak times would know the delays caused by the bottleneck that is Ballan Road.
Ballan Road (Armstrong Road to Bolton Road) is currently included in the Securing Wyndham’s Future Advocacy Strategy, however traffic congestion occurs far beyond this section of road and feedback is therefore sought from the community as to whether the road from Armstrong Road to Bulban Road should be included as an advocacy priority for our City. The current Victorian State Government have advised that they have no intention of funding duplication of Ballan Road, even though the Ison Road/Wyndham Westlink network will not solve the traffic congestion in Wyndham’s West alone.
Also, the signalisation of the Ballan Road and McGrath Road intersection is included in Securing Wyndham’s Future Advocacy Strategy as a priority project, however we are no closer to seeing this project realised. Feedback from the community will be important to tell us how important this project is to them and advocacy initiatives put in place as a result.
It is frightening that between 2020 and 2041, the population of Manor Lakes will increase from 9,400 residents to 41,455 residents. The traffic issues in Wyndham West are only going to get worse and the Wyndham Westlink is not the only answer.
The Ison Road overpass is identified at the key advocacy priority in terms of providing access to the Freeway for residents in Wyndham’s West. This project is vital to relieving congestion across our road network – and whilst it will go some way to relieving vehicle movements on Ballan Road, it will not provide a diversion for local traffic movements accessing the facilities outlined above and the 32,000 residents moving around their local area.
The Wyndham Westlink is a significant project for our City, however the State Government has not committed to funding the second stage of the project which means the benefits realised as a result of the project are still many years away – and we have an immediate problem now. Residents in Wyndham’s West continue to raise issues about commute times which are having a serious impact on our community. The duplication of Ballan Road is a less complex project which could provide a more immediate solution to the major traffic issues experienced in Wyndham West.
What this all means is that the developments and thousands of housing in the Wyndham West PSPs, including Manor Lakes, Alfred Road, Westbrook and Mambourin East, was approved by the State Government’s own planning department based on an assumption of the duplication of Ballan Road, and other road and intersection upgrades in the area. This is a state-imposed housing sprawl that has delivered lower living standards than what they were promised by the state.
It is therefore important for residents to be able to have their say about the priority of advocacy projects in their area and for Council to listen to this feedback and act accordingly.
Cr Mia Shaw
Date: 30 November 2021
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MOTION
That Council: 1. Notes the importance of the Ison Road overpass to the Wyndham Westlink arterial, providing much needed Freeway access for residents in Wyndham’s West; 2. Undertakes community consultation via The Loop in February 2022 to ascertain community feedback in relation to the Ballan Road duplication, as recognised as an advocacy priority in the Securing Wyndham’s Future Advocacy Strategy; 3. Seeks feedback from the community as part of the consultation process as to the prioritisation of the signalisation of the Ballan Road and McGrath Road intersection; and 4. Receives a report in March 2022 outlining the feedback from the community and associated action plan, where required.
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CRS Mia Shaw / Heather Marcus
That Council: 1. Notes the importance of the Ison Road overpass to the Wyndham Westlink arterial, providing much needed Freeway access for residents in Wyndham’s West; 2. Undertakes community consultation via The Loop in February 2022 to ascertain community feedback in relation to the Ballan Road duplication, as recognised as an advocacy priority in the Securing Wyndham’s Future Advocacy Strategy; 3. Seeks feedback from the community as part of the consultation process as to the prioritisation of the signalisation of the Ballan Road and McGrath Road intersection; and 4. Receives a report in March 2022 outlining the feedback from the community and associated action plan, where required.
(CARRIED) |
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Council Seal |
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Council Meeting Tuesday, 30 November 2021 |
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File No: N400175
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Item No: 8.1 Director City Operations - Stephen Thorpe |
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Awarding of Contract - N400175 - Landfill Cell 4 Final Cap Construction |
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This report recommends the awarding of a contract to the successful tenderer for Contract N400175 - Cell 4 Final Cap Construction.
The purpose of this contract is to construct the final cap on landfill cell 4 at the Wyndham Refuse Disposal Facility (RDF) in accordance with the design documents that have been approved by the Environment Protection Authority (EPA). This is a lump sum contract for works, with an allowance for provisional items and contingencies.
Attachments
Nil
Officers’ Declaration of Interests
Under Section 130 of the Local Government Act 2020, 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 Waste Management & Disposal - Liza McColl
In providing this advice as the Manager, I have no disclosable interests in this report.
Senior Landfill Construction Engineer - Joana Pisan
In providing this advice as the Author, I have no disclosable interests in this report.
Procurement Category Management Lead - Anthony Latham
In providing this advice as the Author, I have no disclosable interests in this report.
Key Issues
· Conformance with tendering requirements, policies and procedures.
· Provision of best value.
· Completion works in accordance with the strict quality standards and in a timely manner.
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RECOMMENDATION That Council: 1. Award Contract N400175 Cell 4 Cap Construction to Teneo Pty Ltd (ABN 39 112 491 040) for the sum of $6,566,380.52 (GST inclusive); 2. Authorise the Manager Waste Management and Disposal to approve variations and contingencies of $656,638.05 to Contract N400175 Cell 4 Cap Construction; 3. Sign and seal the contract. 4. Advise all tenderers accordingly. |
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Cr Robert Szatkowski / Adele Hegedich That Council: 1. Award Contract N400175 Cell 4 Cap Construction to Teneo Pty Ltd (ABN 39 112 491 040) for the sum of $6,566,380.52 (GST inclusive); 2. Authorise the Manager Waste Management and Disposal to approve variations and contingencies of $656,638.05 to Contract N400175 Cell 4 Cap Construction; 3. Sign and seal the contract. 4. Advise all tenderers accordingly.
(CARRIED) |
1. Background
Tenders for contract N400175 Cell 4 Cap Construction were invited on 21 August 2021 and closed on 15 September 2021.
Five (5) tenders were received. The tender submission price range is between $4,420,910.70 and $9,089,091.37.
The tenders were checked for arithmetical correctness and for omissions/qualifications.
2. Discussion
Tender Evaluation
The members of the evaluation panel are:
· Senior Landfill Construction Engineer
· Acting Manager Waste Management and Disposal
· Senior Specialist Project Manager
· Acting Coordinator Refuse Disposal Facility
The members of the evaluation panel do not have any pecuniary interest in this contract.
Tenders were rated using the following criteria and weightings:
Tender Evaluation Criteria
Tenders were rated using the following criteria and weightings:
Risk Based Assessment
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RISK BASED ASSESSMENT CRITERIA |
Acceptable (Yes/No) |
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Financial Capability |
Yes/No |
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Risk and Insurance |
Yes/No |
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Conflict of Interest Statement |
Yes/No |
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Demonstrated ability to meet Council’s objectives (through a substantively conforming tender). |
Yes/No |
Mandatory, Qualitative and Quantitative Criteria and Weighting
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A) MANDATORY CRITERIA |
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OH&S System (Certified & Accredited) |
Yes/No |
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Weighting |
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Historical Performance |
20% |
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Methodology & Capability (including Appropriate Resourcing – Personnel and Equipment) |
20% |
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Timeliness/Construction Program meeting project requirements |
15% |
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Quality System |
10% |
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Environmental Management System |
10% |
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(Quality Units) Total |
75% |
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C) QUANTITATIVE CRITERIA |
Weighting |
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Price |
25% |
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TOTAL (PERCENTAGE VALUE) |
100% |
The tender submitted by Teneo Pty Ltd is the preferred tenderer as it has the highest ranking of all submitted tenders against the selection criteria.
Tender Interview
The highest ranked tenderer Teneo Pty Ltd was interviewed and advised the following:
a) The tendered lump sum is confirmed.
b) Teneo Pty Ltd have agreed to have a flexible start date to commence work once the council supplied lining materials are available on site. This is expected to be in March 2022.
c) Adequate resources will be available to satisfactorily undertake this contract.
d) The 120 days construction period is adequate.
Financial Assessment
A financial assessment was undertaken and returned a satisfactory result.
Experience
Teneo Pty Ltd has been established for 40 years and is an industry leader in construction of landfill cells and other civil containment structures.
Recent similar landfill cell capping projects completed by Teneo Pty Ltd include the following:
• BHP – Evaporation Pond 6, Olympic Dam South Australia (value: $81 million)
• Incitec Pivot Ltd - Cell 5B, Phosphate Hill Queensland (value: $68 million)
• Wyndham City Council - Cell 5, Werribee Victoria (value: $13 million)
• Remondis - Cell 7, Swanbank Landfill Queensland (value: $11 million)
3. Council Plan
4.2 Leverage opportunities and invest in environmentally sustainable renewable energy, waste and resource management initiatives which increase the community's resilience to the impacts of climate change.
4. Other Council Strategies, Plans and Policies
Council policy on tendering as applicable to this contract has been complied with.
5. Financial Information
The Cell 4 Cap Construction project has been incorporated into the Annual Plan and Budget for 2021/22 as approved and adopted by Council on 29 June 2021. As a landfill owner, Council makes provision from the annual depreciation and amortization charge to the RDF for the anticipated future costs of decommissioning, rehabilitation and long-term maintenance costs.
The contract value is within the budget and the funds required are planned to be made available from Council’s cash balance.
6. Social Implications
The construction of the final cap on landfill cell 4 is required to ensure that the Wyndham Refuse Disposal Facility can continue to operate to provide essential waste disposal services to help the community keep Wyndham clean and green.
7. Environmental Implications
Council is legally required by EPA to cap all closed landfill cells. Capping is a key method to protect the environment and humans from potential harm from products and processes in closed landfill cells.
8. Economic/Employment Considerations
The Cell 4 Cap Construction Project will provide up to 30 direct jobs in the construction and waste industry.
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
The main forum for community consultation about works at the RDF is through the Council’s RDF Community Reference Group (CRG). The CRG members are highly supportive of the rehabilitation (capping) of closed landfill cells and are expected to be pleased to hear that this contract has been awarded and that works will commence in March 2022.
11. Communication Strategy
Council’s decision in relation to the award of this tender will be conveyed to all tenderers.
Date of award of contract.................................. 3 December 2021
Contract start date............................................. 1 March 2022 (TBC)
Works completion date...................................... September 2022
Defects liability period........... ........................... Six months
Contract end date ............................................. March 2023
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Council Seal |
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Council Meeting Tuesday, 30 November 2021 |
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File No:
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Item No: 8.2 Chief Executive Officer - Stephen Wall |
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Resubmission of revised Instrument of Delegation from Council to Staff |
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Recent legislative and organisational changes and consultation with Councillors has produced and updated Instrument of Delegation from Council to Staff to be readopted by Council.
Attachments
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1. |
Attachment 1 - Council to Staff Instrument - Clean copy incorporating proposed amendments |
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2. |
Attachment 2 - Council to Staff Instrument - Marked up copy |
Officers’ Declaration of Interests
Under Section 130 of the Local Government Act 2020, officers providing advice to Council must disclose any interests, including the type of interest.
Chief Executive Officer - Stephen Wall
In providing this advice as the CEO, I have no disclosable interests in this report.
Chief Legal Counsel - Rachel Kenyon
In providing this advice as the Manager, I have no disclosable interests in this report.
Legal Counsel - Bethany Wallace
In providing this advice as the Author, I have no disclosable interests in this report.
Key Issues
· Adoption of the revised Instrument
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RECOMMENDATION
That Council: 1. Revoke the Instrument of Delegation from Council to Staff adopted on 29 June 2021.
2. Adopt the attached Instrument of Delegation from Council to Staff that incorporates the approved amendments.
3. Authorise the affixing of the common seal of Council to the adopted Instrument and declare that it comes into force with immediate effect.
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Cr Robert Szatkowski / Sahana Ramesh
That Council: 1. Revoke the Instrument of Delegation from Council to Staff adopted on 29 June 2021.
2. Adopt the attached Instrument of Delegation from Council to Staff that incorporates the approved amendments.
3. Authorise the affixing of the common seal of Council to the adopted Instrument and declare that it comes into force with immediate effect.
(CARRIED) |
1. Background
A revised Council to Staff Instrument incorporating amendments to reflect organisational and legislative changes was put to Council for approval on 28 September 2021.
At the Council Meeting, Council resolved to defer the adoption of the revised Instrument pending further information about the delegations in the Instrument being provided to Councillors.
Four Councillor Information Sessions were subsequently held, and the Instrument has been further revised to reflect those changes requested by Councillors that were recommended by officers.
2. Relevant Law
The Instrument contains the delegations of legislative powers, duties and functions that must be delegated by Council to Council staff. The various powers, duties and functions are not capable of sub-delegation by the CEO.
3. Discussion
The changes referred to at 3.1.1 to 3.1.6 are recommended by Maddocks via the Delegations and Authorisations Service and reflect legislative changes since the Instrument was last amended and adopted by Council.
3.1. Legislative changes
3.1.1. Remove the Environmental Protection Act 1970 as it is no longer in force (page 6);
3.1.2. Add a new power under section 40F of the Food Act 1984 as the Act has recently been amended (page 10);
3.1.3. Remove the power to enter into Environmental Upgrade agreements under section 181H of the Local Government Act 1989 as this power is now capable of sub-delegation by the CEO to a member of staff (page 11);
3.1.4. Minor administrative changes to the wording of the delegations under the following three Acts:
(a) Planning and Environment Act 1987 (pages 12, 14-18, 30-31, 34, 38, 50 and 65);
(b) Residential Tenancies Act 1997 (page 75); and
(c) Road Management Act 2004 and associated Regulations (pages 80 and 82);
3.1.5. Add new delegations under the Residential Tenancies Regulations 2021 that are now in force (page 77); and
3.1.6. Amend all references to ‘VicRoads’ to ‘Head of Transport for Victoria’ in the delegations under the Road Management Act 2004 and associated Regulations (pages 80-82 and 84).
3.2. Organisational changes
The changes referred to at 3.2.1 to 3.2.6 are recommended by the Chief Legal Counsel to reflect organisational changes since the Instrument was last amended and adopted by Council.
3.2.1. Amend the following three position titles:
(a) ‘Municipal Emergency Recovery Officer’ to ‘Municipal Emergency Management Officer’ (pages 82-83, 85 and 87);
(b) ‘Manager Environment and Water’ to ‘Manager Climate Futures Office’ (pages 10 and 70); and
(c) ‘Manager Corporate Affairs’ to ‘Executive Manager Corporate Affairs’ (page 80);
3.2.2. Add the recently created position of Senior Subdivision Officer to all delegations held by Subdivision Planner under the Planning and Environment Act 1987 and associated Regulations (pages 30-34, 36-45, 47-51, 54, 61, 65-74);
3.2.3. Individual identification of all powers, duties and functions under sections 36A-40C(2) of the Food Act 1984, instead of grouping them together as one power under Part VI of the Act (pages 8-10);
3.2.4. Remove Director City Design and Liveability from the delegations under the Residential Tenancies Act 1997 (page 75) and Residential Tenancies (Caravan Parks and Moveable Dwelling Residential Standards) Regulations 2020 (page 78), as they are no longer within that Director’s area of operational responsibility;
3.2.5. Replace ‘People Services Support Partner’ with ‘Facilities Maintenance’ as responsible for issuing identity cards for the delegation under section 525(2), (4) of the Residential Tenancies Act 1997 (page 75); and
3.2.6. Remove the administrative power in relation to Council’s common seal, as this is now documented in Council’s Governance Local Law 2020 (page 89).
3.3. Changes following Councillor Information Sessions
The changes referred to at 3.3.1 to 3.3.7 are recommended by officers in response to Councillor requests made during the recent Information Sessions.
3.3.1. Add a note to the delegation under section 38AB(4) of the Food Act 1984 (page 9) that no declaration under section 38AB(1) has been made;
3.3.2. Remove the delegation under section 12A of the Planning and Environment Act 1987 (page 13) as it has been repealed;
3.3.3. Identify the individual duties of Council as the Responsible Authority in the delegation under section 14 of the Planning and Environment Act 1987 (page 13);
3.3.4. Remove the delegates from the delegation under section 46GI(2)(b)(i) of the Planning and Environment Act 1987 as this delegation will remain with Council (page 20);
3.3.5. Add a note to the delegations from section 46GI(2)(b) to 46GZK and section 172C and 172D of the Planning and Environment Act 1987 (pages 20-26 and 58) to the effect that there are no infrastructure contribution plans currently operating in Wyndham;
3.3.6. Add a note to the delegations under section 46V(3) and 46Y of the Planning and Environment Act 1987 (page 29) to the effect that the Melbourne Airport Environs Strategy does not currently apply to Wyndham; and
3.3.7. Remove references to Manager Risk and Compliance following confirmation that this position has been removed from Council’s organisational structure (pages 81-83, 85 and 87).
4. Council Plan
7.3 Foster trust in Council through the implementation of effective civic leadership and responsible governance processes that ensure accountability and compliance with all legislated and statutory requirements.
5. Other Council Strategies, Plans and Policies
Not applicable.
6. Regional, State and national plans and Policies
Not applicable.
7. Financial Viability
Not applicable.
8. Sustainability Implications
Not applicable.
9. Options
Not applicable.
10. Community Engagement
Not applicable.
11. Communication Strategy
Councillors and the relevant Council officers have been consulted in relation to the recommended changes to the Instrument. Following adoption, the new Instrument will be made available to all staff via the intranet.
12. Innovation and Continuous Improvement
Not applicable.
13. Collaboration
Not applicable.
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ATTACHMENT No: 1 - Attachment 1 - Council to Staff Instrument - Clean copy incorporating proposed amendments |
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Item No: 8.2 |
INSTRUMENT OF DELEGATION
FROM
WYNDHAM CITY COUNCIL
TO
MEMBERS OF COUNCIL STAFF
Instrument of Delegation
In exercise of the powers conferred by the legislation referred to in the attached Schedule, the Council:
1. Delegates each power, duty and/or function described in the Schedule to the member of Council staff holding, acting in or performing the duties of the office or position described opposite each such power, duty and/or function in the Schedule;
2. Declares that:
2.1. this Instrument of Delegation is authorised by a resolution of Council passed on [date]; and
2.2. the delegation:
2.2.1. comes into force immediately after the common seal of Council is affixed to this Instrument of Delegation;
2.2.2. remains in force until varied or revoked;
2.2.3. is subject to any conditions and limitations set out in sub-paragraph 2.3, and the Schedule; and
2.2.4. must be exercised in accordance with any guidelines or policies which Council from time to time adopts; and
2.3. the delegate must not determine the issue, take the action or do the act or thing:
2.3.1. if the issue, action, act or thing is an issue, action or thing which Council has previously designated as an issue, action, act or thing which must be the subject of a Council resolution;
2.3.2. if the determining of the issue, taking of the action or doing of the act or thing would or would be likely to involve a decision which is inconsistent with a policy or strategy adopted by Council;
2.3.3. if the determining of the issue, the taking of the action or the doing of the act or thing cannot be the subject of a lawful delegation; or
2.3.4. the determining of the issue, the taking of the action or the doing of the act or thing is already the subject of an exclusive delegation to another member of Council staff or delegated committee.
The COMMON SEAL of WYNDHAM CITY COUNCIL
was affixed by authority of the Council on
in the presence of:
………………………………………………………………………. COUNCILLOR
………………………………………………………………………. CHIEF EXECUTIVE OFFICER
Contents
Domestic Animals Act 1994
Food Act 1984
Local Government Act 1989
Planning and Environment Act 1987
Planning and Environment Regulations 2015
Planning and Environment (Fees) Regulations 2016
Residential Tenancies Act 1997
Residential Tenancies Regulations 2021
Residential Tenancies (Caravan Parks and Moveable Dwellings Registration and Standards) Regulations 2020
Road Management Act 2004, Road Management (General) Regulations 2016 and Road Management (Works and Infrastructure) Regulations 2015
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Power, duty or function |
Section |
Delegate/s |
Conditions and limitations |
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Power to declare a dog to be a menacing dog |
S 41A(1) |
Manager City Amenity and Safety Area Leader Animal Management |
Owner must be notified of opportunity to make submissions about proposed declaration and be given notice of declaration (sections 41B(1), 41C)
Declaration may be revoked under section 41A(3) |
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Power, duty or function |
Section |
Delegate/s |
Conditions and limitations |
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Power to direct by written order that the food premises be put into a clean and sanitary conditions or that specified steps be taken to ensure that food prepared, sold or handled is safe and suitable |
S 19(2) |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
If section 19(1) applies
If an order includes any direction specified in section 19(3)(a) or (b), delegates may direct that the order: (i) be affixed to a conspicuous part of the premises, and (ii) inform the public by notice in a published newspaper or otherwise (section 19(4)(a))
An order issued under section 19 must be revoked and notice given if satisfied it has been complied with (section 19(6)) |
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Power to direct by written order that the food premises not be kept or used for: (a) the sale, or handling for sale, of any food; (b) the preparation of food; or (c) a specified purpose or for the use of any specified equipment or a specified process |
S 19(3) |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
If section 19(1) applies
Only in relation to temporary food premises or mobile food premises
If an order includes any direction specified in section 19(3)(a) or (b), delegates may direct that the order: (i) be affixed to a conspicuous part of the premises, and (ii) inform the public by notice in a published newspaper or otherwise (section 19(4)(a))
An order issued under section 19 must be revoked and notice given if satisfied it has been complied with (section 19(6)) |
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Power, where Council is the registration authority, to direct, by written order, that a person must take any of the actions in section 19AA(2)(a)-(c) |
S 19AA(2) |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
May direct in an order under section 19AA(2) or subsequent written order, that a person must ensure that any food or class of food is not removed from the premises (section 19AA(4)(c))
An order issued under section 19AA must be revoked and written notice given if satisfied it has been complied with (section 19AA(7))
Note: the power to direct the matters under section 19AA(4)(a) and (b) is not capable of delegation and so such directions must be made by a Council resolution |
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Power, where Council is the registration authority, to request from a proprietor of a food premises: · A copy of the records · A copy of the food safety program · Written details of the name, qualification or experience of the current food safety supervisor · Food safety audit reports |
S 19CB(4)(b), 19E(1)(d), 19GB, 19NA(1) |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
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Power, where Council is the registration authority, to conduct a food safety audit and take actions where deficiencies are identified |
S 19M(4)(a), (5) |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
Coordinator Environmental Health may waive or vary the costs of a food safety audit if there are special circumstances (section 19U(3)) |
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Power to charge fees for conducting a food safety assessment or inspection |
S 19UA |
Manager Climate Futures Office Coordinator Environmental Health |
Except for an assessment required by a declaration under section 19C or an inspection under sections 38B(1)(c) or 39 |
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Power, where Council is the registration authority, to direct a proprietor of a food premises to: · Comply with any requirement under Part IIIB · Have staff at the premises undertake training or instruction · Have details of any staff training incorporated into the minimum records required to be kept or food safety program of the premises |
S 19W |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
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Power to register, renew or transfer registration |
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Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
Where Council is the registration authority
Refusal to grant/renew/transfer registration must be ratified by Council or the CEO (see section 58A(2)) |
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Power to accept an application for registration or notification using online portal |
S 36A |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
Where Council is the registration authority |
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Duty to pay the charge for use of online portal |
S 36B |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
Where Council is the registration authority |
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Power to request further information or advise the proprietor that the premises must be registered if the premises are not exempt |
S 38AA(5) |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
Where Council is the registration authority |
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Power to fix a fee for the receipt of a notification under section 38AA in accordance with a declaration under section 38AB(1) |
S 38AB(4) |
Manager Climate Futures Office Coordinator Environmental Health |
Where Council is the registration authority
Fee is set as part of the budget process
Note: no declaration under section 38AB(1) has been made |
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Power to request a copy of a completed food safety program template |
S 38A(4) |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
Where Council is the registration authority |
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Duty to assess the application and determine which class of food premises under section 19C the food premises belongs |
S 38B(1)(a) |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
Where Council is the registration authority |
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Duty to ensure proprietor has complied with requirements of section 38A |
S 38B(1)(b) |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
Where Council is the registration authority |
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Duty to be satisfied of the matters in section 38B(2)(a)-(b) |
S 38B(2) |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
Where Council is the registration authority |
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Duty to ensure compliance with the applicable provisions of section 38C and inspect the premises if required by section 39 |
S 38D(1) |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
Where Council is the registration authority |
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Duty to be satisfied of the matters in section 38D(2)(a)-(d) |
S 38D(2) |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
Where Council is the registration authority |
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Power to request copies of any audit reports |
S 38D(3) |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
Where Council is the registration authority |
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Power to register the food premises on a conditional basis |
S 38E(2) |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
Where Council is the registration authority
Not exceeding the prescribed limit defined |
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Duty to register the food premises when conditions are satisfied |
S 38E(4) |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
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Power to require proprietor to comply with requirements of this Act |
S 38F(3)9b) |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
Where Council is the registration authority |
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Power to require notification of change of the food safety program type used for the food premises |
S 38G(1) |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
Where Council is the registration authority |
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Power to require the proprietor of the food premises to comply with any requirement of the Act |
S 38G(2) |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
Where Council is the registration authority |
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Power to register, renew or transfer food premises despite minor defects |
S 39A |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
Where Council is the registration authority
Only if satisfied of matters in section 39A(2)(a)-(c) |
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Power to incorporate the certificate of registration in one document with any certificate of registration under Part 6 of the Public Health and Wellbeing Act 2008 |
S 40(2) |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
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Power to grant or renew the registration of food premises for a period of less than 1 year |
S 40C(2) |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
Where Council is the registration authority |
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Power, where Council is the registration authority, to suspend or revoke the registration of a food premises |
S 40D(1) |
Coordinator Environmental Health Senior Environmental Health Officer |
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Power to cancel registration of food premises |
S 40F |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
Where Council is the registration authority |
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Power, where Council is the registration authority, to register, transfer or renew the registration of a component of a food business |
S 43F |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
Must first be satisfied that the registration requirements under Division 3 have been met (section 43F(6))
May register the components which do meet the requirements and refuse to register the components which do not (section 43F(7)) |
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Power to institute proceedings against another person where the offence was due to an act or default by that other person and where the first person charged could successfully defend a prosecution, without proceedings first being instituted against the person first charged |
S 46(5) |
Manager Climate Futures Office Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
Where Council is the registration authority |
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Power, duty or function |
Section |
Delegate/s |
Conditions and limitations |
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Power to declare and levy a cladding rectification charge |
S 185L(4) |
Chief Executive Officer |
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Power, duty or function |
Section |
Delegate/s |
Conditions and limitations |
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Power to prepare an amendment to the Victorian Planning Provisions |
S 4B |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
If authorised by the Minister |
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Function of receiving prescribed documents and a copy of the Victorian Planning Provisions from the Minister |
S 4G |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
Must make documents and the Victorian Planning Provisions available in accordance with the public availability requirements (section 4H, 4I) |
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Power to prepare amendment to the planning scheme |
S 8A |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
Must have obtained the Minister’s authorisation to prepare the amendment (section 8A(2), (3))
May prepare the amendment specified in the application without the Minister’s authorisation if no response is received after 10 business days (section 8A(7))
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Power to apply to the Minister for authorisation to prepare an amendment to the planning scheme of an adjoining municipal district |
S 8B(2) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
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Power to carry out studies and do things to ensure proper use of land and consult with other persons to ensure coordination of planning scheme with these persons |
S 12(3) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
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Duty to review planning scheme |
S 12B(1), (2) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
On completion of review, must report the findings of the review to the Minister without delay (section 12B(5)) |
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Duties of a Responsible Authority as set out in section 14(a) to (d), being: (a) to efficiently administer and enforce the planning scheme; and (aa) to enforce any enforcement order or interim enforcement order relating to land covered by a planning scheme for which it is the responsible authority; and (b) to implement the objectives of the planning scheme; and (c) to comply with this Act and the planning scheme; and (d) to provide information and reports as required by the Minister. |
S 14 |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
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Duty of giving copy amendment to the planning scheme |
S 17(1) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
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Duty of giving copy s 173 agreement |
S 17(2) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
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Duty of giving copy amendment, explanatory report and relevant documents to the Minister within 10 business days |
S 17(3) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
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Duty to make amendment etc. available in accordance with public availability requirements |
S 18 |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
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Power to give notice, to decide not to give notice, to publish notice of amendment to a planning scheme and to exercise any other power under section 19 to a planning scheme |
S 19 |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
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Function of receiving notice of preparation of an amendment to a planning scheme |
S 19 |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
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Power to apply to Minister for exemption from the requirements of section 19 |
S 20(1) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
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Duty to make submissions available in accordance with public availability requirements |
S 21(2) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
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Duty to publish notice |
S 21A(4) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
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Duty to consider all submissions |
S 22 |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
Except submissions which request a change to the items in section 22(5)(a) and (b)
Must refer submissions which request a change to the amendment to a panel (section 23(1)(b))
Submissions which do not require a change to the amendment may be referred to a panel (section 23(2)) |
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Function of representing Council and presenting a submission at a panel hearing (including a hearing referred to in section 96D) |
S 24 |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
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Power to make panel’s report available for inspection in accordance with the requirements set out in section 197B of the Act |
S 26(1) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
Must keep report of panel available in accordance with public availability requirements (section 26(2)) |
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Power to apply for exemption if panel’s report not received |
S 27(2) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
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Duty to notify the Minister if abandoning an amendment |
S 28(1) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
Note: the power to make a decision to abandon an amendment cannot be delegated
Must publish notice of the decision on Council’s internet site, which must be available for a period of at least 2 months (section 28(2), (4)) |
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Duty to say if amendment has lapsed |
S 30(4)(a) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
Must confirm the information in writing if so requested (section 30(4)(b)) |
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Duty to give more notice of the amendment or changes to the amendment if directed by the Minister |
S 32(2), 33(1) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
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Duty to give notice of approval or revocation of amendment |
S 36(2), 38(5) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
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Function of being a party to a proceeding commenced under section 39 and duty to comply with determination by VCAT |
S 39 |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
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Function of lodging copy of approved amendment |
S 40(1) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
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Duty to make a copy of approved amendment and any documents lodged with it available in accordance with the public availability requirements during inspection period |
S 41(1) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
Must make copy of approved amendment and any documents lodged with it available in person in accordance with the requirements set out in section 197B of the Act after the inspection period ends (section 41(2)) |
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Duty to make a copy of the planning scheme available in accordance with the public availability requirements |
S 42(2) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
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Function of being consulted by the Minister |
S 46AW |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
Where Council is a responsible public entity |
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Function of receiving a draft Statement of Planning Policy and written direction in relation to the endorsement of the draft Statement of Planning Policy
Power to endorse the draft Statement of Planning Policy |
S 46AX |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
Where Council is a responsible public entity
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Duty not to prepare an amendment to a declared area planning scheme that is inconsistent with a Statement of Planning Policy for the declared area that is expressed to be binding on the responsible public entity |
S 46AZC(2) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
Where Council is a responsible public entity |
|
Duty not to act inconsistently with any provision of the Statement of Planning Policy that is expressed to be binding on the public entity when performing a function or duty or exercising a power in relation to the declared area |
S 46AZK |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
Where Council is a responsible public entity |
|
Power to agree to a lower rate of standard levy for a class of development of a particular type of land than the rate specified in a Minister's direction |
S 46GI(2)(b)(i) |
Not delegated – the exercise of this power must be the subject of a prior Council resolution |
Where Council is the planning authority, the municipal Council of the municipal district in which the land is located and/or the development agency
Note: no infrastructure contribution plans currently operating in Wyndham |
|
Function of receiving written directions from the Minister in relation to the preparation and content of infrastructure contributions plans |
S46GJ(1) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Note: no infrastructure contribution plans currently operating in Wyndham |
|
Duty to comply with a Minister’s direction that applies to Council as the planning authority |
S 46GK |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Note: no infrastructure contribution plans currently operating in Wyndham |
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Duty to arrange for estimates of values of inner public purpose land |
S 46GN(1) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Note: no infrastructure contribution plans currently operating in Wyndham |
|
Duty to give notice to owners of certain inner public purpose land |
S 46GO(1) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Note: no infrastructure contribution plans currently operating in Wyndham |
|
Function of receiving a notice under section 46GO |
S 46GP |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Where Council is the collecting agency
Note: no infrastructure contribution plans currently operating in Wyndham |
|
Function of receiving a submission from an affected owner who objects to the estimated value per hectare (or other appropriate unit of measurement) of the inner public purpose land |
S 46GQ |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Must consider every submission that is made by the closing date (section 46GR(1))
May consider late submissions. Where directed by the Minister, late submissions must be considered (section 46GR(2))
Note: no infrastructure contribution plans currently operating in Wyndham |
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Power to accept or reject the estimate of the value of the inner public purpose land in a submission made under section 46GQ |
S 46GS(1) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
If the estimate is rejected, must refer the matter to the valuer-general and notify the affected owner (section 46GS(2))
Note: no infrastructure contribution plans currently operating in Wyndham |
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Duty to pay half of the fee fixed by the valuer-general for arranging and attending the conference |
S 46GT(2) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Note: no infrastructure contribution plans currently operating in Wyndham |
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Function of receiving from the valuer general: · Written confirmation of the agreement between the planning authority's valuer and the affected owner's valuer as to the estimated value of the inner public purpose land · Written notice of a determination under section 46GT(5) |
S 46GT(4), (6) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Note: no infrastructure contribution plans currently operating in Wyndham |
|
Duty not to adopt an amendment under section 29 to an infrastructure contributions plan that specifies a land credit amount or a land equalisation amount that relates to a parcel of land in the ICP plan area of the plan unless the criteria in section 46GU(1)(a) and (b) are met |
S 46GU |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Note: no infrastructure contribution plans currently operating in Wyndham |
|
Function of receiving the monetary component and any land equalisation amount of the infrastructure contribution
|
S 46GV(3) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Where Council is the collecting agency
May specify the manner in which the payment is to be made
Note: no infrastructure contribution plans currently operating in Wyndham |
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Power to enter into an agreement with the applicant |
S 46GV(3)(b) |
Chief Executive Officer Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Where Council is the collecting agency
Agreements relating to Development Contribution Plans and Infrastructure Contribution Plans may only be entered into, ended, amended proposed to be amended or ended by the Chief Executive Officer, unless already approved by Council resolution
Note: no infrastructure contribution plans currently operating in Wyndham |
|
Function of receiving the inner public purpose land in accordance with section 46GV(5) and (6) |
S 46GV(4)(a), (b) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Where Council is the development agency (section 46GV(4)(a))
Where Council is the collecting agency (section 46GV(4)(b))
Note: no infrastructure contribution plans currently operating in Wyndham |
|
Duty to impose the requirements set out in section 46GV(3) and (4) as conditions on the permit applied for by the applicant to develop the land in the ICP plan area |
S 46GV(7) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Note: no infrastructure contribution plans currently operating in Wyndham |
|
Power to require the payment of a monetary component or the provision of the land component of an infrastructure contribution to be secured to Council’s satisfaction |
S 46GV(9) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Where Council is the collecting agency
Note: no infrastructure contribution plans currently operating in Wyndham |
|
Power to accept works, services or facilities in part or full satisfaction of the monetary component of an infrastructure contribution payable |
S 46GX(1) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Where Council is the collecting agency
Before accepting the provision of works, services or facilities, must obtain the agreement of the development agency or agencies specified in the approved infrastructure contributions plan
Note: no infrastructure contribution plans currently operating in Wyndham |
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Duty to keep proper and separate accounts and records |
S 46GY(1) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Where Council is the collecting agency
Must keep the accounts and records in accordance with the Local Government Act 2020 (section 46GY(2))
Note: no infrastructure contribution plans currently operating in Wyndham |
|
Duty to forward any part of the monetary component that is imposed for plan preparation costs to the planning authority that incurred those costs |
S 46GZ(2)(a) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Where Council is the collecting agency under an approved infrastructure contributions plan
This duty does not apply where Council is that planning authority
Note: no infrastructure contribution plans currently operating in Wyndham |
|
Function of receiving the monetary component |
S 46GZ(2)(a) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Where Council is the planning authority
This duty does not apply where Council is also the collecting agency
Note: no infrastructure contribution plans currently operating in Wyndham |
|
Duty to forward any part of the monetary component that is imposed for the provision of works, services or facilities to the development agency that is specified in the plan as responsible for those works, services or facilities |
S 46GZ(2)(b) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Where Council is the collecting agency under an approved infrastructure contributions plan
This provision does not apply where Council is also the relevant development agency
Note: no infrastructure contribution plans currently operating in Wyndham |
|
Function of receiving the monetary component |
S 46GZ(2)(b) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Where Council is the development agency under an approved infrastructure contributions plan
This provision does not apply where Council is also the collecting agency
Note: no infrastructure contribution plans currently operating in Wyndham |
|
Duty to use any land equalisation amounts to pay land credit amounts under section 46GZ(7), except any part of those amounts that are to be forwarded to a development agency under section 46GZ(5) |
S 46GZ(4) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Where Council is the collecting agency under an approved infrastructure contributions plan
Note: no infrastructure contribution plans currently operating in Wyndham |
|
Duty to forward any part of a land equalisation amount required for the acquisition of outer public purpose land by a development agency specified in the approved infrastructure contributions plan to that development agency |
S 46GZ(5) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Where Council is the collecting agency under an approved infrastructure contributions plan
This provision does not apply where Council is also the relevant development agency
Note: no infrastructure contribution plans currently operating in Wyndham |
|
Function of receiving any part of a land equalisation amount required for the acquisition of outer public purpose land |
S 46GZ(5) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Where Council is the development agency specified in the approved infrastructure contributions plan
This provision does not apply where Council is also the collecting agency
Note: no infrastructure contribution plans currently operating in Wyndham |
|
Duty to pay to each person who must provide an infrastructure contribution under the approved infrastructure contributions plan any land credit amount to which the person is entitled under section 46GW |
S 46GZ(7) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Where Council is the collecting agency under an approved infrastructure contributions plan
Note: no infrastructure contribution plans currently operating in Wyndham |
|
Duty to transfer the estate in fee simple in the land to the development agency specified in the approved infrastructure contributions plan as responsible for the use and development of that land |
S 46GZ(9) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
If any inner public purpose land is vested in Council under the Subdivision Act 1988 or acquired by Council before the time it is required to be provided to Council under section 46GV(4)
Where Council is the collecting agency under an approved infrastructure contributions plan
This duty does not apply where Council is also the development agency
Note: no infrastructure contribution plans currently operating in Wyndham |
|
Function of receiving the fee simple in the land |
S 46GZ(9) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Where Council is the development agency under an approved infrastructure contributions plan
This duty does not apply where Council is also the collecting agency
Note: no infrastructure contribution plans currently operating in Wyndham |
|
Duty to keep proper and separate accounts and records |
S 46GZA(1) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Where Council is a development agency under an approved infrastructure contributions plan
Must keep the accounts and records in accordance with the Local Government Act 2020 (section 46GZA(2))
Note: no infrastructure contribution plans currently operating in Wyndham |
|
Duty to follow the steps set out in section 46GZB(3)(a) – (c) |
S 46GZB(3) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Where Council is a development agency under an approved infrastructure contributions plan
Note: no infrastructure contribution plans currently operating in Wyndham |
|
Duty, in accordance with requirements of the VPA, to report on the use of the infrastructure contribution in the development agency's annual report and provide reports on the use of the infrastructure contribution to the VPA |
S 46GZB(4) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
If the VPA is the collecting agency under an approved infrastructure contributions plan
Where Council is a development agency under an approved infrastructure contributions plan
Note: no infrastructure contribution plans currently operating in Wyndham |
|
Duty, within 6 months after the date on which the approved infrastructure contributions plan expires, to follow the steps set out in section 46GZD(2)(a) and (b) |
S 46GZD(2) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Where Council is the development agency under an approved infrastructure contributions plan
Note: no infrastructure contribution plans currently operating in Wyndham |
|
Duty to follow the steps set out in section 46GZD(3)(a) and (b) |
S 46GZD(3) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Where Council is the collecting agency under an approved infrastructure contributions plan
Payments must be made in accordance with section 46GZD(5)
Note: no infrastructure contribution plans currently operating in Wyndham |
|
Duty to forward the land equalisation amount back to the collecting agency within 6 months after the expiry date if any part of a land equalisation amount paid or forwarded to a development agency for acquiring outer public purpose land has not been expended by the development agency to acquire that land at the date on which the approved infrastructure contributions plan expires |
S 46GZE(2) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Where Council is the development agency under an approved infrastructure contributions plan
This duty does not apply where Council is also the collecting agency
Note: no infrastructure contribution plans currently operating in Wyndham |
|
Function of receiving the unexpended land equalisation amount |
S 46GZE(2) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Where Council is the collecting agency under an approved infrastructure contributions plan
This duty does not apply where Council is also the development agency
Note: no infrastructure contribution plans currently operating in Wyndham |
|
Duty, within 12 months after the date on which the approved infrastructure contributions plan expires, to follow the steps set out in section 46GZE(3)(a) and (b) |
S 46GZE(3) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Where Council is the collecting agency under an approved infrastructure contributions plan
Note: no infrastructure contribution plans currently operating in Wyndham |
|
Duty, within 12 months after the date on which the approved infrastructure contributions plan expires, to use the public purpose land for a public purpose approved by the Minister or sell the public purpose land |
S 46GZF(2) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Where Council is the development agency under an approved infrastructure contributions plan
If land is sold under section 46GZF(2)(b), must follow the steps in section 46GZF(3)(a) and (b)
Note: no infrastructure contribution plans currently operating in Wyndham |
|
Function of receiving proceeds of sale |
S 46GZF(3) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Where Council is the collection agency under an approved infrastructure contributions plan
This provision does not apply where Council is also the development agency
Note: no infrastructure contribution plans currently operating in Wyndham |
|
Duty to divide the proceeds of the public purpose land among the current owners of each parcel of land in the ICP plan area and pay each current owner a portion of the proceeds in accordance with section 46GZF(5) |
S 46GZF(4) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Where Council is the collecting agency under an approved infrastructure contributions plan
Payments must be made in accordance with section 46GZF(6)
Note: no infrastructure contribution plans currently operating in Wyndham |
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Power to recover the monetary component, or any land equalisation amount of the land component, payable under Part 3AB as a debt in any court of competent jurisdiction |
S 46GZH |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Where Council is the collecting agency under an approved infrastructure contributions plan
Note: no infrastructure contribution plans currently operating in Wyndham |
|
Duty to prepare and give a report to the Minister at the times required by the Minister |
S 46GZI |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Where Council is a collecting agency or development agency
Note: no infrastructure contribution plans currently operating in Wyndham |
|
Power to deal with public purpose land which has vested in, been acquired by, or transferred to, Council |
S 46GZK |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Where Council is a collecting agency or development agency
Note: no infrastructure contribution plans currently operating in Wyndham |
|
Duty to publish, on Council’s Internet site, the payable dwelling amount for a financial year on or before 1 July of each financial year for which the amount is adjusted under section 46LB(2) |
S 46LB(3) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions Senior Strategic Planner – Development Contributions Strategic Planner – Development Contributions |
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Duty to include condition in permit regarding payment of development infrastructure levy |
S 46N(1) |
Director City Design and Liveability Manager Planning and Building Coordinator Town Planning Team Leader Town Planning |
May determine the time and manner for receipt of levy (section 46N(2)(c))
May require payment of amount of levy to be satisfactorily secured (section 46P(1))
May accept provision of land, works, services or facilities in part or full payment of levy payable (section 46P(2)) |
|
Power to enter into an agreement with the applicant regarding payment of development infrastructure levy |
S 46N(2)(d) |
Chief Executive Officer Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
May require payment of amount of levy to be satisfactorily secured (section 46P(1))
May accept provision of land, works, services or facilities in part or full payment of levy payable (section 46P(2))
May only enter, end, amend or propose to amend agreements that have been approved by a prior Council resolution
Agreements which have not been approved by a prior Council resolution may only be entered into, ended, amended, proposed to be amended or ended by the Chief Executive Officer |
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Duty to ensure that community infrastructure levy is paid, or agreement is in place, prior to issuing building permit |
S 46O(1)(a), (2)(a) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
May require payment of amount of levy to be satisfactorily secured (section 46P(1))
May accept provision of land, works, services or facilities in part or full payment of levy payable (section 46P(2)) |
|
Power to enter into agreement with the applicant regarding payment of community infrastructure levy |
S 46O(1)(d), (2)(d) |
Chief Executive Officer Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
May require payment of amount of levy to be satisfactorily secured (section 46P(1))
May accept provision of land, works, services or facilities in part or full payment of levy payable (section 46P(2))
May only enter, end, amend or propose to amend agreements that have been approved by a prior Council resolution
Agreements which have not been approved by a prior Council resolution may only be entered into, ended, amended, proposed to be amended or ended by the Chief Executive Officer |
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Duty to: · keep proper accounts of levies paid · forward to development agency part of levy imposed for carrying out works, services or facilities on behalf of development agency or plan preparation costs incurred by a development agency · apply levy only for a purpose relating to the provision of plan preparation costs or the works, services and facilities in respect of which the levy was paid etc |
S 46Q(1), (1A), (2) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
|
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Power to refund any amount of levy paid if it is satisfied the development is not to proceed |
S 46Q(3) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Only applies when levy is paid to Council as a ‘development agency’ |
|
Duty to pay amount to current owners of land in the area if an amount of levy has been paid to a municipal council as a development agency for plan preparation costs incurred by Council or for the provision by Council of works, services or facilities in an area under section 46Q(4)(a) |
S 46Q(4)(c) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Must be done within six months of the end of the period required by the development contributions plan and with the consent of, and in the manner approved by, the Minister |
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Duty to submit to the Minister an amendment to the approved development contributions plan |
S 46Q(4)(d) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Must be done in accordance with Part 3 |
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Duty to expend that amount on other works etc |
S 46Q(4)(e) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
With the consent of, and in the manner approved by, the Minister |
|
Power to recover any amount of levy payable under Part 3B |
S 46QC |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
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Duty to prepare report and give a report to the Minister |
S 46QD |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Where Council is a collecting agency or development agency |
|
Duty to make a copy of the approved strategy plan (being the Melbourne Airport Environs Strategy Plan) and any documents lodged with it available |
S 46V(3) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
Note: the Melbourne Airport Environs Strategy does not currently apply to Wyndham |
|
Duty to carry out works in conformity with the approved strategy plan |
S 46Y |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
Note: the Melbourne Airport Environs Strategy does not currently apply to Wyndham |
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Notes: 1. The types of permit applications made under section 47-97G(6) listed below will automatically be referred to the Planning Committee: · applications which have received 15 or more objections, if they are consistent with Council Policy and/or the Wyndham Planning scheme, as amended from time to time; · applications seeking approval for the installation of electronic gaming machines; · applications for use and development of Council-owned land; · applications to demolish a building or structure in a heritage overlay; · applications that are not generally in accordance with the applicable Precinct Structure Plan or Development Plan; · applications with a cost of development greater than $5,000,000 which are not located in an industrial zoned area; · applications that the Director City Design and Liveability or Manager Planning and Building consider are appropriate to be considered by the Planning Committee.
2. In addition to Note 1 above, any Councillor or Councillors may request that any permit application made under section 47-97G(6) is referred to the Planning Committee for determination in accordance with the Call-in Procedures outlined in the Planning Committee Terms of Reference, as amended from time to time. |
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Power to decide that an application for a planning permit does not comply with that Act |
S 47 |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Subdivision Planner Town Planner |
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Duty to keep a register of all applications for permits and determinations relating to permits |
S 49(1) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Senior Town Planning Support Officer Subdivision Planner Town Planner Town Planning Administration Town Planning Support |
Register must include Ministerial decisions (section 97L)
Register must be available for inspection in accordance with the public availability requirements (section 49(2)) |
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Duty to amend application |
S 50(4) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Subdivision Planner Town Planner |
May refuse to amend application if delegate considers the amendment is so substantial that a new application for a permit should be made (section 50(5))
Must make a note of amendment in the register (section 50(6)) |
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Power to make amendment to application |
S 50A(1) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Senior Town Planning Support Officer Subdivision Planner Town Planner Town Planning Administration Town Planning Support |
May require applicant to notify the owner and make a declaration that notice has been given (section 50A(3))
Must make a note of amendment in the register (section 50A(4))
Team Leader Business Planning Administration, Senior Town Planning Support Officer, Town Planning Administration and Town Planning Support are limited to making a note of the amendment in the register under section 50A(4) |
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Duty to make copy of application available for inspection in accordance with the public availability requirements |
S 51 |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Senior Town Planning Support Officer Subdivision Planner Town Planner Town Planning Administration Town Planning Support |
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Duty to give notice of the application to: · Owners/occupiers of adjoining allotments unless satisfied that the grant of permit would not cause material detriment to any person · Other municipal council where appropriate · All persons required by the planning scheme · Owners and occupiers of land benefited by a registered restrictive covenant if any result in breach of covenant · Owners and occupiers of land benefited by a registered restrictive covenant if application is to remove or vary the covenant · Other persons who may be detrimentally effected |
S 52(1) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Subdivision Planner Town Planner |
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Duty to give notice of an application to remove or vary a registered restrictive covenant |
S 52(1AA) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Subdivision Planner Town Planner |
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Power to give any further notice of an application where appropriate |
S 52(3) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Subdivision Planner Town Planner |
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Power to require the applicant to give notice under section 52(1) or 52(1AA) |
S 53(1), (1A) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Subdivision Planner Town Planner |
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Power to require the applicant to provide more information |
S 54(1) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Subdivision Planner Town Planner |
Must give notice in writing of information required (section 54(1A))
Notice must state the lapse date for the application (section 54(1B)) |
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Power to decide to extend time or refuse to extend time to give required information |
S 54A(3) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Subdivision Planner Town Planner |
Must give written notice of decision to extend or refuse to extend time (section 54A(4)) |
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Duty to give copy application, together with the prescribed information, to every referral authority specified in the planning scheme |
S 55(1) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Subdivision Planner Town Planner |
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Function of receiving objections |
S 57(2), (3) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Senior Town Planning Support Officer Subdivision Planner Town Planner Town Planning Administration Town Planning Support |
Objections that are considered to be made primarily for the commercial advantage of the objector may be rejected (section 57(2A))
The objection may contain the name and address of the persons to whom the notice of the decision is to go to (section 57(3))
Must make a copy of all objections available in accordance with the public availability requirements (section 57(5))
Team Leader Business Planning Administration, Senior Town Planning Support Officer, Town Planning Administration and Town Planning Support are limited to receiving the name and address of the person to whom notice of the decision is to go to and making a copy of the objections available for inspection under section 57(3) and (5) |
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Duty to amend application in accordance with applicant’s request |
S 57A(4) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Senior Town Planning Support Officer Subdivision Planner Town Planner Town Planning Administration Town Planning Support |
May refuse to amend the application if delegate considers that the amendment is so substantial that a new application for a permit should be made (section 57A(5))
Must make a note of amendment in the register (section 57A(6))
If application is amended, delegate must determine whether and to whom notice should be given, by considering certain matters (section 57B(1), (2))
Must give copy of amended application to referral authority (section 57C(1))
Team Leader Business Planning Administration, Senior Town Planning Support Officer, Town Planning Administration and Town Planning Support are limited to making a note of the amendment in the register, giving notice and giving a copy of the amended application to the referral authority under section 57A(6) and 57C(1) |
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Duty to consider every application for a permit |
S 58 |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Subdivision Planner Town Planner |
May, with the consent of the Minister, ask the Planning Application Committee for advice in relation to an application for a permit or a class of applications for permits (section 58A)
When considering an application, must consider the matters listed in section 60 |
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Power to determine permit application |
S 61(1) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Town Planner
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The permit must not be inconsistent with a cultural heritage management plan under the Aboriginal Heritage Act 2006
Must refuse to grant permit if: · a relevant determining referral authority objects to the grant of permit (section 61(2)) · the grant would authorise a breach of a registered restrictive covenant (section 61(4))
May refuse to grant permit if a relevant recommending referral authority objects to the grant of permit (section 61(2A))
Must not decide to grant a permit to use coastal Crown land without Minister’s consent, and must refuse to grant the permit without the Minister’s consent (section 61(3))
Must issue the permit where decision is in favour of the application and no one has objected (section 63) |
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Duty to include certain conditions in permit |
S 62(1) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Town Planner |
Permit conditions must be consistent with section 62(4)
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Power to include conditions in permit |
S 62(2), (5) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Town Planner |
Permit conditions must be consistent with section 62(4)
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Duty not to include a permit condition requiring a person to pay an amount for or provide works except: · in accordance with sections 46N(1), 46GV(7) or 62(5) · a condition that a planning scheme requires to be included as referred to in section 62(1)(a)
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S 62(6) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Town Planner |
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Duty to give: · Notice of decision to grant a permit to applicant and objectors; · Each objector a copy of an exempt decision |
S 64(1), 64(5) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Senior Town Planning Support Officer Subdivision Planner Town Planner Town Planning Administration Town Planning Support |
This provision applies also to a decision to grant an amendment to a permit – see section 75 |
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Duty not to issue a permit until: · After the specified period; or · The end of a period when an application for review may be lodged with VCAT or until VCAT has determined the application, if a relevant recommending referral authority has objected to the grant of a permit |
S 64(3), 64A |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Senior Town Planning Support Officer Subdivision Planner Town Planner Town Planning Administration Town Planning Support |
This provision applies also to a decision to grant an amendment to a permit – see section 75 |
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Duty to give notice of refusal to grant permit to applicant and person who objected under section 57 |
S 65(1) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Senior Town Planning Support Officer Subdivision Planner Town Planner Town Planning Administration Town Planning Support |
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Duty to give notice under section 64 or 65 and copy permit to relevant determining referral authorities |
S 66(1) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Senior Town Planning Support Officer Subdivision Planner Town Planner Town Planning Administration Town Planning Support |
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Duty to give a recommending referral authority notice of its decision to grant or refuse a permit |
S 66(2), (4) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Senior Town Planning Support Officer Subdivision Planner Town Planner Town Planning Administration Town Planning Support |
If the recommending referral authority objected to the grant of the permit or the responsible authority decided not to include a condition on the permit recommended by the recommending referral authority (section 66(2)
If the recommending referral authority objected to the grant of the permit or the recommending referral authority recommended that a permit condition be included on the permit (section 66(4)) |
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Duty to give a recommending referral authority a copy of any permit which Council decides to grant and a copy of any notice given under section 64 or 65 |
S 66(6) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Senior Town Planning Support Officer Subdivision Planner Town Planner Town Planning Administration Town Planning Support |
If the recommending referral authority did not object to the grant of the permit or the recommending referral authority did not recommend a condition be included on the permit |
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Power to extend time of permit or to complete development |
S 69(2) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Senior Town Planning Support Officer Subdivision Planner Town Planner |
Application must have been received in accordance with section 69(1) and or (1A), as applicable |
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Duty to make copy of permit available in accordance with public availability requirements |
S 70 |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Senior Town Planning Support Officer Subdivision Planner Town Planner Town Planning Administration Town Planning Support |
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Power to correct certain mistakes |
S 71(1) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Senior Town Planning Support Officer Subdivision Planner Town Planning Administration Town Planning Support |
Corrections must be noted in the register (section 71(2))
Team Leader Business Planning Administration, Senior Town Planning Support Officer, Town Planning Administration and Town Planning Support are limited to noting corrections in the register under section 71(2) |
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Power to decide to grant amendment subject to conditions |
S 73 |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Town Planner |
Must issue amended permit to applicant if no objectors (section 74)
Must give applicant and objectors notice of decision to refuse to grant amendment to permit (section 76)
Must give relevant determining referral authorities copy of amended permit and copy of notice (section 76A(1))
If the recommending referral authority objected to the amendment of the permit or if Council decided not to include a condition on the amended permit recommended by the authority, must give the authority notice of the decision to grant the amendment (section 76A(2)) |
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Duty to give a recommending referral authority notice of its decision to refuse a permit |
S 76A(4) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Senior Town Planning Support Officer Subdivision Planner Town Planner Town Planning Administration Town Planning Support |
If the recommending referral authority objected to the amendment of the permit or the recommending referral authority recommended that a permit condition be included on the amended permit |
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Duty to give a recommending referral authority a copy of any amended permit which Council decides to grant and a copy of any notice given under section 64 or 76 |
S 76A(6) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Senior Town Planning Support Officer Subdivision Planner Town Planner Town Planning Administration Town Planning Support |
If the recommending referral authority did not object to the amendment of the permit or the recommending referral authority did not recommend a condition be included on the amended permit |
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Duty to comply with direction of Minister to issue amended permit |
S 76D |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Senior Town Planning Support Officer Subdivision Planner Town Planner Town Planning Administration Town Planning Support |
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Function of being respondent to an appeal |
S 83 |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Subdivision Planner Town Planner |
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Duty to give or publish notice of application for review |
S 83B |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Senior Town Planning Support Officer Subdivision Planner Town Planner Town Planning Administration Town Planning Support |
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Power to decide on an application at any time after an appeal is lodged against failure to grant a permit |
S 84(1) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Town Planner |
Must tell principal registrar if Council decides to grant a permit after an application is made for review of its failure to grant a permit (section 84(3)) |
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Duty not to issue a permit or notice of decision or refusal after an application is made for review of a failure to grant a permit |
S 84(2) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Town Planner |
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Duty to issue permit on receipt of advice within 3 working days |
S 84(6) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Senior Town Planning Support Officer Subdivision Planner Town Planner Town Planning Administration Town Planning Support |
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Power to agree to confining a review by the Tribunal |
S 84AB |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Subdivision Planner Town Planner |
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Duty to issue a permit at order of Tribunal within 3 working days |
S 86 |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Senior Town Planning Support Officer Subdivision Planner Town Planner Town Planning Administration Town Planning Support |
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Power to apply to VCAT for the cancellation or amendment of a permit |
S 87(3) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Town Planner |
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Function of being heard at hearing of request for cancellation or amendment of a permit |
S 90(1) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Subdivision Planner Town Planner |
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Duty to comply with the directions of VCAT |
S 91(2) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Subdivision Planner Town Planner |
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Duty to issue amended permit to owner if Tribunal so directs |
S 91(2A) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Subdivision Planner Town Planner |
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Duty to give notice of cancellation/amendment of permit by VCAT to persons entitled to be heard under section 90 |
S 92 |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Subdivision Planner Town Planner |
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Duty to give notice of VCAT order to stop development |
S 93(2) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Subdivision Planner Town Planner |
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Duty to comply with an order or direction to refer certain applications to the Minister |
S 95(3), (4) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Subdivision Planner Town Planner |
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Duty to obtain a permit from the Minister to use and develop its land |
S 96(1) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Subdivision Planner Town Planner |
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Function of giving consent to other persons to apply to the Minister for a permit to use and develop Council land |
S 96(2) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planning Projects Officer Senior Planning Projects Officer Senior Strategic Planner Strategic Planner |
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Power to agree to consider an application for permit concurrently with preparation of proposed amendment |
S 96A(2) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
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Power to give notice, to decide not to give notice, to publish notice and to exercise any other power under section 96C |
S 96C |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
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Duty to consider the panel’s report under section 96E |
S 96F |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
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Power to determine to recommend that a permit be granted or to refuse to recommend that a permit be granted and power to notify applicant of the determination (including power to give notice under section 23 of the Planning and Environment (Planning Schemes) Act 1996) |
S 96G(1) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
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Power to give notice in compliance with Minister’s direction |
S 96H(3) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
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Power to issue permit as directed by the Minister |
S 96J |
Director City Design and Liveability Manager Planning and Building Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Town Planning Coordinator Urban Transformation Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Subdivision Officer Senior Urban Planner Senior Town Planner Strategic Planner Subdivision Planner Town Planner |
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Duty to comply with direction of the Minister to give notice of refusal |
S 96K |
Director City Design and Liveability Manager Planning and Building Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Town Planning Coordinator Urban Transformation Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Projects Principal Planner – Activity Centres Principal Strategic Planner Senior Strategic Planner Senior Subdivision Officer Senior Urban Planner Strategic Planner Subdivision Planner |
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Duty to keep levy certificates given to it under sections 47 or 96A for no less than 5 years from receipt of the certificate |
S 96Z |
Director City Design and Liveability Manager Planning and Building Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Town Planning Coordinator Urban Transformation Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Subdivision Officer Senior Town Planner Senior Town Planning Support Officer Senior Urban Planner Strategic Planner Subdivision Planner Town Planner Town Planning Administration Town Planning Support |
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Power to request Minister to decide the application |
S 97C |
Director City Design and Liveability Manager Planning and Building Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Urban Planner Senior Strategic Planner Strategic Planner |
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Duty to comply with directions of Minister to supply an document or assistance relating to application |
S 97D(1) |
Director City Design and Liveability Manager Planning and Building Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Town Planning Coordinator Urban Transformation Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Subdivision Officer Senior Town Planner Senior Town Planning Support Officer Senior Urban Planner Strategic Planner Subdivision Planner Town Planner Town Planning Administration Town Planning Support |
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Function of receiving from Minister copy of notice of refusal to grant permit or copy of any permit granted by the Minister |
S 97G(3) |
Director City Design and Liveability Manager Planning and Building Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Town Planning Coordinator Urban Transformation Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Subdivision Officer Senior Town Planner Senior Town Planning Support Officer Senior Urban Planner Strategic Planner Subdivision Planner Town Planner Town Planning Administration Town Planning Support |
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Duty to make a copy of permits issued under section 97F available in accordance with public availability requirements |
S 97G(6) |
Director City Design and Liveability Manager Planning and Building Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Town Planning Coordinator Urban Transformation Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Subdivision Officer Senior Town Planner Senior Town Planning Support Officer Senior Urban Planner Strategic Planner Subdivision Planner Town Planner Town Planning Administration Town Planning Support |
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Duty to provide information or assistance to the Planning Application Committee |
S 97MH |
Director City Design and Liveability Manager Planning and Building Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Town Planning Coordinator Urban Transformation Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Subdivision Officer Senior Town Planning Support Officer Senior Urban Planner Strategic Planner Subdivision Planner Town Planner Town Planning Administration Town Planning Support |
At the Minister’s request, Directors and/or Managers must contribute the specified costs incurred when providing the advice or carrying out the function (section 97MI) |
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Duty to consider application and issue or refuse to issue certificate of compliance |
S 97O |
Director City Design and Liveability Manager Planning and Building Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Town Planning Coordinator Urban Transformation Team Leader Growth Area Team Leader Business Planning Administration Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Town Planner Senior Town Planning Support Officer Senior Urban Planner Strategic Planner |
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Duty to comply with directions of VCAT following an application for review of a failure or refusal to issue a certificate |
S 97P(3) |
Director City Design and Liveability Manager Planning and Building Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Town Planning Coordinator Urban Transformation Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Town Planner Senior Town Planning Support Officer Senior Urban Planner Strategic Planner |
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Function of being heard by VCAT at hearing of request for amendment or cancellation of certificate |
S 97Q(2) |
Director City Design and Liveability Manager Planning and Building Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Town Planning Coordinator Urban Transformation Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Projects Principal Planner – Activity Centres Principal Strategic Planner Senior Strategic Planner Senior Town Planner Senior Urban Planner Strategic Planner |
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Duty to comply with directions of VCAT |
S 97Q(4) |
Director City Design and Liveability Manager Planning and Building Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Town Planning Coordinator Urban Transformation Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Town Planner Senior Town Planning Support Officer Senior Urban Planner Strategic Planner |
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Duty to keep register of all applications for certificate of compliance and related decisions |
S 97R |
Director City Design and Liveability Manager Planning and Building Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Town Planning Coordinator Urban Transformation Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Subdivision Officer Senior Town Planner Senior Town Planning Support Officer Senior Urban Planner Strategic Planner Subdivision Planner Town Planner Town Planning Administration Town Planning Support |
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Function of receiving claim for compensation in certain circumstances |
S 98(1), (2) |
Director City Design and Liveability Manager Planning and Building Manager Urban Futures Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
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Duty to inform any person of the name of the person from whom compensation can be claimed |
S 98(4) |
Director City Design and Liveability Manager Planning and Building Manager Urban Futures Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
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Function of receiving claim for: · expenses in conjunction with claim · compensation |
S 101, 107(1) |
Director City Design and Liveability Manager Planning and Building Manager Urban Futures Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
May reject a claim for compensation in certain circumstances (section 103)
May agree to extend time for making a claim for compensation (section 107(3)) |
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Power to apply to VCAT for an: · enforcement order · interim enforcement order where section 114 application has been made |
S 114(1), 120(1) |
Director City Design and Liveability Manager City Amenity and Safety Manager Planning and Building Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Town Planning Coordinator Urban Transformation Team Leader Growth Area Team Leader Major Projects Team Leader Planning Investigations Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
May make submissions to VCAT where objections to the application for an enforcement order are received (section 117(1)) |
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Power to carry out work required by enforcement order and recover costs |
S 123(1) |
Director City Design and Liveability Manager Planning and Building Manager City Amenity and Safety Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Town Planning Coordinator Urban Transformation Team Leader Growth Area Team Leader Major Projects Team Leader Planning Investigations Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
May sell buildings, materials, etc. salvages in carrying out work under section 123(1) (except Crown Land) (section 123(2)) |
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Function of recovering penalties |
S 129 |
Director City Design and Liveability Manager Planning and Building Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Town Planning Coordinator Urban Transformation Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
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Power to allow person served with infringement notice further time |
S 130(5) |
Director City Design and Liveability Manager City Amenity and Safety Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Team Leader Planning Investigations Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Planning Investigations Officer Strategic Planner |
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Power to refer a matter to VCAT for determination or apply to VCAT for the determination of a matter relating to the interpretation of a section 173 agreement |
S 149A(1), (1A) |
Director City Design and Liveability Manager Planning and Building Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Town Planning Coordinator Urban Transformation Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Town Planner Senior Urban Planner Strategic Planner |
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Duty to pay fees and allowances (including a payment to the Crown under section 156(2A)), and payment or reimbursement for reasonable costs and expenses incurred by the panel in carrying out its functions |
S 156 |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
Where Council is the relevant planning authority and unless the Minister directs otherwise
Only the Director and Managers have the power to ask for contribution under section 156(3) and the power to abandon an amendment or part of It under section 156(4) |
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Power to carry out studies and commission reports and grant and reserve easements |
S 171(2)(f), (g) |
Director City Design and Liveability Manager Planning and Building Manager Roads and Maintenance Manager Urban Futures Coordinator Asset Rehabilitation Coordinator Engineering Design Coordinator Growth Area Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Strategic Property Management Coordinator Town Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
Manager Roads and Maintenance, Coordinator Asset Rehabilitation and Coordinator Engineering Design may only exercise this power upon advice of listed delegates |
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Power to compulsorily acquire any inner or outer public purpose land |
S 172C, 172D |
Chief Executive Officer Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions Plan |
Where Council is a development agency specified in an approved infrastructure contributions plan
Outer public purpose land must be specified in an approved ICP
Inner public purpose land must be specified in an approved ICP or its use and development to be the responsibility of Council under the plan
Note: no infrastructure contribution plans currently operating in Wyndham |
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Power to enter into agreement covering matters set out in section 174 |
S 173(1) |
Chief Executive Officer Director City Design and Liveability Manager Roads and Maintenance Manager Planning and Building Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Town Planning Coordinator Urban Transformation Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Town Planner |
Agreements relating to Development Contribution Plans and Infrastructure Contributions Plans may only be entered into, ended or amended, by the Chief Executive Officer, unless already ratified by Council resolution
Manager Roads and Maintenance may only enter into agreements relating to build over easements |
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Power to enter into an agreement with an owner of land for the development or provision of land in relation to affordable housing |
S 173(1A) |
Chief Executive Officer Director City Design and Liveability Manager Roads and Maintenance Manager Urban Futures Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Urban Transformation |
Where Council is the relevant responsible authority |
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Power to decide whether something is to the satisfaction of Council, where an agreement made under section 173 of the Planning and Environment Act 1987 requires something to be to the satisfaction of Council or Responsible Authority |
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Director City Design and Liveability Manager Planning and Building Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Town Planning Coordinator Urban Transformation Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Town Planner Strategic Planner |
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Power to give consent on behalf of Council, where an agreement made under section 173 of the Planning and Environment Act 1987 requires that something may not be done without the consent of Council or Responsible Authority |
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Director City Design and Liveability Manager Planning and Building Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Town Planning Coordinator Urban Transformation Team Leader Town Planning Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Town Planner Strategic Planner |
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Power to end a section 173 agreement with the agreement of all those bound by any covenant in the agreement or otherwise in accordance with Division 2 of Part 9 |
S 177(2) |
Chief Executive Officer Director City Design and Liveability Manager Planning and Building Manager Roads and Maintenance Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Town Planning Coordinator Urban Transformation Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Town Planner Strategic Planner |
Agreements relating to Development Contribution Plans and Infrastructure Contribution Plans may only be ended by the Chief Executive Officer, unless already ratified by Council resolution
Manager Roads and Maintenance may only end agreements relating to build over easements |
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Power to amend a section 173 agreement with the agreement of all those bound by any covenant in the agreement or otherwise in accordance with Division 2 of Part 9 |
S 178 |
Chief Executive Officer Director City Design and Liveability Manager Planning and Building Manager Roads and Maintenance Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Town Planning Coordinator Urban Transformation Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Town Planner Strategic Planner |
Agreements relating to Development Contribution Plans and Infrastructure Contribution Plans may only be amended by the Chief Executive Officer, unless already ratified by Council resolution
Manager Roads and Maintenance may only amend agreements relating to build over easements |
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Function of receiving application to amend or end an agreement |
S 178A(1) |
Director City Design and Liveability Manager Planning and Building Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Town Planning Coordinator Urban Transformation Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Subdivision Officer Senior Town Planner Senior Town Planning Support Officer Strategic Planner Subdivision Planner Town Planner Town Planning Administration Town Planning Support |
Must notify owner and applicant as to whether proposal is agreed to in principle (section 178A(3), (4))
Must give notice of the proposal to all parties to the agreement and other persons who may be detrimentally affected by decision to amend or end (section 178C(2))
May also give notice of the proposal in accordance with section 178C(4)
May require the person who applies to amend or end an agreement to pay the costs of giving notices and preparing the amended agreement (section 178H) |
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Power to propose to amend or end an agreement |
S 178A(5) |
Chief Executive Officer Director City Design and Liveability Manager Planning and Building Manager Roads and Maintenance Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Town Planning Coordinator Urban Transformation Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Town Planner Strategic Planner |
Agreements relating to Development Contribution Plans and Infrastructure Contribution Plans may only be proposed to be amended or ended by the Chief Executive Officer, unless already ratified by Council resolution
Must consider certain matters when considering proposal to amend agreement (section 178B(1))
Must consider certain matters when considering proposal to end agreement (section 178B(2))
Must give notice of the proposal to all parties to the agreement and other persons who may be detrimentally affected by decision to amend or end (section 178C(2))
May also give notice of the proposal in accordance with section 178C(4)
Must not make decision to amend or end agreement until 14 days after notice has been given (section 178E(1))
Manager Roads and Maintenance may only propose to amend or end agreements relating to build over easements |
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Power to refuse to amend or end the agreement |
S 178E(2)(c) |
Director City Design and Liveability Manager Planning and Building Manager Roads and Maintenance Manager Urban Futures Coordinator Growth Area Coordinator Town Planning Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Urban Transformation Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Town Planner Strategic Planner |
If no objections are made under section 178D
Must consider matters in section 178B
Manager Roads and Maintenance may only refuse to amend or end agreements relating to build over easements |
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Power to amend or end the agreement in accordance with the proposal or in a manner that is not substantively different from the proposal |
S 178E(2)(a), (b) |
Chief Executive Officer Director City Design and Liveability Manager Planning and Building Manager Roads and Maintenance Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Town Planning Coordinator Urban Transformation Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Strategic Planner |
Agreements relating to Development Contribution Plans and Infrastructure Contribution Plans may only be ended or amended by the Chief Executive Officer, unless already ratified by Council resolution
If no objections are made under section 178D
Must consider matters in section 178B
Must not proceed to amend agreement until at least 21 days after notice has been given or until an application for review to the Tribunal has been determine or withdrawn (section 178F(4))
Manager Roads and Maintenance may only amend or end agreements relating to build over easements |
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Power to amend or end the agreement in accordance with the proposal, in a manner that is not substantively different from the proposal, or in a manner that is substantively different from the proposal |
S 178E(3)(a), (b), (c) |
Chief Executive Officer Director City Design and Liveability Manager Planning and Building Manager Roads and Maintenance Manager Urban Futures Coordinator Growth Area Coordinator Town Planning Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Urban Transformation Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Town Planner Strategic Planner |
Agreements relating to Development Contribution Plans and Infrastructure Contribution Plans may only be ended or amended by the Chief Executive Officer, unless already ratified by Council resolution
After considering objections, submissions and matters in section 178B
Must give notice of decision (section 178F(1), (2))
Must not proceed to amend agreement until at least 21 days after notice has been given or until an application for review to the Tribunal has been determine or withdrawn (section 178F(4))
Manager Roads and Maintenance may only amend or end agreements relating to build over easements |
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Power to refuse to amend or end the agreement |
S 178E(3)(d) |
Director City Design and Liveability Manager Planning and Building Manager Roads and Maintenance Manager Urban Futures Coordinator Growth Area Coordinator Town Planning Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Urban Transformation Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Town Planner Strategic Planner |
After considering objections, submissions and matters in section 178B
Must give notice of decision (section 178F(1), (2))
Manager Roads and Maintenance may only refuse to amend or end agreements relating to build over easements |
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Duty to sign amended agreement and give copy to each other party to the agreement |
S 178G |
Director City Design and Liveability Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Town Planning Coordinator Urban Transformation Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Town Planner Strategic Planner |
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Duty to notify, in writing, each party to the agreement of the ending of the agreement relating to Crown land |
S 178I(3) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Strategic Planner |
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Duty to make copies of each agreement available in accordance with the public availability requirements |
S 179(2) |
Director City Design and Liveability Manager Planning and Building Manager Urban Futures Coordinator Growth Area Coordinator Town Planning Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Urban Transformation Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Subdivision Officer Senior Town Planner Senior Town Planning Support Officer Strategic Planner Subdivision Planner Town Planner Town Planning Administration Town Planning Support |
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Power or duty to apply to the Registrar of Titles to record the agreement |
S 181(1), (1A) |
Director City Design and Liveability Manager Planning and Building Manager Urban Futures Coordinator Growth Area Coordinator Town Planning Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Urban Transformation Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Subdivision Officer Senior Town Planner Strategic Planner Subdivision Planner Town Planner |
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Power to enforce an agreement |
S 182 |
Director City Design and Liveability Manager City Amenity and Safety Manager Planning and Building Manager Roads and Maintenance Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Town Planning Coordinator Urban Transformation Team Leader Planning Investigations Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Strategic Planner |
Manager Roads and Maintenance may only enforce agreements relating to build over easements |
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Duty to tell the Registrar of Titles of ending/amendment of agreement |
S 183 |
Director City Design and Liveability Manager Planning and Building Manager Urban Futures Coordinator Growth Area Coordinator Town Planning Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Urban Transformation Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Subdivision Officer Senior Town Planner Strategic Planner Subdivision Planner Town Planner |
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Power to decide to amend or end an agreement at any time after an application for review of the failure of Council to make a decision |
S 184F(1) |
Chief Executive Officer Director City Design and Liveability Manager Planning and Building Manager Roads and Maintenance Manager Urban Futures Coordinator Growth Area Coordinator Town Planning Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Urban Transformation Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Town Planner Strategic Planner |
Agreements relating to Development Contribution Plans and Infrastructure Contribution Plans may only be ended or amended by the Chief Executive Officer, unless already ratified by Council resolution
Must not amend or end the agreement or give notice of the decision after an application is made to VCAT for review of a failure to amend or end an agreement (section 184F(2))
Must inform principal registrar if Council decides to amend or end an agreement after an application is made for the review of its failure to end or amend the agreement (section 184F(3))
Principal registrar may advise that the agreement may be amended or ended in accordance with Council’s decision (section 184F(5))
Manager Roads and Maintenance may only amend or end agreements relating to build over easements |
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Duty to comply with a direction of the Tribunal or give notice as directed by the Tribunal |
S 184G(2), (3) |
Director City Design and Liveability Manager Planning and Building Manager Urban Futures Coordinator Growth Area Coordinator Town Planning Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Urban Transformation Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Subdivision Officer Senior Town Planner Strategic Planner Subdivision Planner Town Planner |
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Function of receiving application for planning certificate |
S 198(1) |
Director City Design and Liveability Manager Planning and Building Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Town Planning Coordinator Urban Transformation Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Subdivision Officer Strategic Planner Subdivision Planner Town Planner Town Planning Administration Town Planning Support |
Must provide planning certificate to applicant without delay (section 199(1)) |
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Function of receiving application for declaration of underlying zoning |
S 201(1) |
Director City Design and Liveability Manager Planning and Building Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Town Planning Coordinator Urban Transformation Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Subdivision Officer Senior Town Planner Senior Town Planning Support Officer Strategic Planner Subdivision Planner Town Planner Town Planning Administration Town Planning Support |
Declaration must be made within the prescribed time, or applicant may refer the matter to the Minister (section 201(3)) |
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Function of providing the Victoria Planning Authority with information relating to any land within the municipal district |
S 201UAB(1) |
Director City Design and Liveability Manager Planning and Building Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Town Planning Coordinator Urban Transformation Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Subdivision Officer Senior Town Planning Support Officer Senior Town Planner Strategic Planner Subdivision Planner Town Planner Town Planning Administration Town Planning Support |
Information requested must be provided as soon as possible (section 201UAB(2)) |
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Power to decide, in relation to any planning scheme or permit, to: · Decide that a specified thing has or has not been done to the satisfaction of Council · Consent or refuse to consent to any matter which requires the consent or approval of Council |
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Director City Design and Liveability Manager Climate Futures Office Manager Planning and Building Manager Urban Futures Coordinator Coast and Water Coordinator Engineering Development Coordinator Growth Area Coordinator Landscape Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Town Planning Coordinator Urban Transformation Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Development Engineer Senior Landscape Architect Senior Strategic Planner Senior Subdivision Officer Senior Town Planner Senior Town Planning Support Officer Strategic Planner Subdivision Planner Town Planner |
Extends only to the operational responsibility of the delegate |
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Power, in accordance with a provision of a planning scheme or condition in a permit, to: · Approve any plan or any amendment to a plan or other document · Give written authorisation |
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Director City Design and Liveability Manager Climate Futures Office Manager Planning and Building Manager Urban Futures Coordinator Coast and Water Coordinator Engineering Development Coordinator Growth Area Coordinator Landscape Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Town Planning Coordinator Urban Transformation Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Development Engineer Senior Landscape Architect Senior Strategic Planner Senior Subdivision Officer Senior Town Planner Senior Town Planning Support Officer Strategic Planner Subdivision Planner Town Planner |
Written authorisation may be given in accordance with a provision of a planning scheme only
Extends only to the operational responsibility of the delegate |
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Power, duty or function |
Section |
Delegate/s |
Conditions and limitations |
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Function of receiving notice from a planning authority of its preparation of: · An amendment to a planning scheme under section 19(1)(c) · A combined application for an amendment to a planning scheme and notice of a permit application under section 96C(1)(c) |
Reg 6, 42 |
Director City Design and Liveability Manager Planning and Building Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Urban Transformation Coordinator Town Planning Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner - Projects Principal Strategic Planner Senior Strategic Planner Senior Subdivision Officer Senior Town Planner Senior Urban Planner Strategic Planner Subdivision Planner Town Planner |
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Power of responsible authority to require a permit applicant to verify information or to amend a permit or any information provided under section 54 of the Act |
Reg 21 |
Director City Design and Liveability Manager Planning and Building Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Urban Transformation Coordinator Town Planning Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner - Projects Principal Strategic Planner Senior Strategic Planner Senior Subdivision Officer Senior Town Planner Senior Urban Planner Strategic Planner Subdivision Planner Town Planner |
Information may be verified by statutory declaration or other satisfactory written confirmation |
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Duty, where Council is the responsible authority, to make copy of matters and documents considered under section 60(1A)(g) of the Act available for inspection free of charge |
Reg 25(a), (b) |
Director City Design and Liveability Manager Planning and Building Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Urban Transformation Coordinator Town Planning Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner - Projects Principal Strategic Planner Senior Strategic Planner Senior Subdivision Officer Senior Town Planner Senior Town Planning Support Officer Senior Urban Planner Strategic Planner Subdivision Planner Town Planner Town Planning Administration Town Planning Support |
Where Council is the responsible authority, or in the case of regulation 25(b), where Council is not the responsible authority but the relevant land is within Council’s municipal district |
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Power, duty or function |
Section |
Delegate/s |
Conditions and limitations |
|
Power to waive or rebate a fee |
Reg 19, 20 |
Director City Design and Liveability Manager Planning and Building Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Urban Transformation Coordinator Town Planning Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner - Projects Principal Strategic Planner Senior Strategic Planner Senior Subdivision Officer Senior Town Planner Senior Urban Planner Strategic Planner Subdivision Planner Town Planner |
Must record matters taken into account and which formed the basis of the decision to waive or rebate the fee (regulation 21) |
|
Power, duty or function |
Section |
Delegate/s |
Conditions and limitations |
|
Power to give a renter a notice to vacate rented premises |
S 91ZU(1), 91ZZC(1) |
Manager Climate Futures Office Coordinator Environmental Health |
Where Council is a public statutory authority engaged in the provision of housing (s 91ZU(1), 91ZZE(1))
Where Council is a public statutory authority authorised to acquire land compulsorily for its purposes (s 91ZZC(1)) |
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Power to publish Council’s criteria for eligibility for the provision of housing |
s 91ZZE(3) |
Coordinator Environmental Health |
Where Council is a public statutory authority engaged in the provision of housing |
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Function of receiving notice regarding an unregistered rooming house |
S 142D |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
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Duty to enter required information in Rooming House Register for each rooming house in municipal district |
S 142G(1) |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
Certain information must be entered into the Register (section 142G(2))
May amend or revoke an entry in the Register if it is necessary to maintain the accuracy of the entry (section 142I(1)) |
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Function of receiving written notification |
S 206AZA(2), 207ZE(2) |
Manager Climate Futures Office Coordinator Environmental Health |
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Function of receiving written notification of proposed closure of a caravan park |
S 311A(2), 317ZDA(2) |
Manager Climate Futures Office Coordinator Environmental Health |
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Power to issue notice to caravan park regarding the emergency management plan where it is determined not to comply with the prescribed requirements |
S 518F |
Manager Climate Futures Office Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
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Power to give a compliance notice to a person |
S 522(1) |
Manager Climate Futures Office Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
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Power to authorise an officer to exercise powers in section 526 (either generally or in a particular case) and to issue them with an identity card |
S 525(2), (4) |
Chief Executive Officer |
Note: Authorised officers contained in Council’s Instrument of Appointments and Authorisations
Identity cards are issued by Facilities Maintenance (section 525(4)) |
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Duty to keep record of entry by authorised officer under section 526 |
S 526(5) |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
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Function of receiving report of inspection |
S 526A(3) |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
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Power to authorise a person to institute proceedings (either generally or in a particular case) |
S 527 |
Chief Executive Officer |
Note: Authorised persons contained in Council’s Instrument of Appointments and Authorisations |
|
Power, duty or function |
Regulation |
Delegate/s |
Conditions and limitations |
|
Power to approve any other toilet system |
Sch 4, cl 3(a)(iii) |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
|
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Power, duty or function |
Regulation |
Delegate/s |
Conditions and limitations |
|
Power to enter into a written agreement with a caravan park owner |
Reg 7 |
Manager Climate Futures Office Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
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Duty to grant or renew the registration if satisfied the caravan park complies with these regulations |
Reg 12(1), (2) |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
Application must have been received under regulation 10 or 11
Must grant or renew registration if satisfied that the caravan park complies with these regulations (regulation 12(1), (2))
May refuse the registration if not satisfied the caravan park complies with these regulations (regulation 12(1), (2)). Environmental Health Officer does not have the power to make this refusal
Must have regard to certain matters in determining the application (regulation 12(3))
Must issue a certificate of registration upon granting or renewing registration (regulation 12(4), (5))
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Duty to transfer registration to new caravan park owner |
Reg 15(1) |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
When notice of transfer of ownership received (regulation 14(1))
Delegate may determine where notice of transfer is displayed (regulation 14(3))
Must issue a certificate of transfer of registration (regulation 15 (2))
Delegate may determine where certificate of transfer of registration is displayed (regulation 15(3)) |
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Power to determine the fee to accompany applications for registration or applications for renewal of registration |
Reg 16(1) |
Manager Climate Futures Office Coordinator Environmental Health |
Fees set as part of the budget process |
|
Duty to keep register of caravan parks |
Reg 17 |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
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Power to determine where the emergency contact person’s details and certain information are displayed |
Reg 18(4), (6) |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
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Duty, upon request of caravan park owner, to notify of relevant emergency services agencies for the caravan park |
Reg 22(1) |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
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Duty to consult with relevant emergency services agencies and relevant floodplain management authority and to have regard to any report of the relevant fire authority |
Reg 22(2), 25(3), 26 |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
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Power to determine places in which caravan park owner must display a copy of emergency procedures and emergency warnings |
Reg 23, 24 |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
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Power to approve a system for the collection, removal and disposal of sewage and waste water from a moveable dwelling |
Reg 28(c) |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
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Function of receiving notice of proposal to install an unregistrable movable dwelling or rigid annexe and installation certificates |
Reg 40, 41(4) |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
May require notice of proposed installation of unregistrable moveable dwelling or rigid annexure (regulation 40(b)) |
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Power to approve use of a non-habitable structure as a dwelling or part of a dwelling |
Reg 43 |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
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Power to approve the removal of wheels and axles from unregistrable movable dwelling |
Sch 3, cl 4(3) |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
|
Road Management Act 2004, Road Management (General) Regulations 2016 and Road Management (Works and Infrastructure) Regulations 2015
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Power, duty or function |
Section |
Delegate/s |
Conditions and limitations |
|
Power to declare a road by publishing a notice in the Government Gazette |
S 11(1) |
Director City Design and Liveability Director City Operations Manager City Transport Manager Roads and Maintenance |
Council must have made prior resolution to declare road
Must: · Obtain consent in accordance with section 11(2) (where required) · Inform Secretary to Department of Environment, Land, Water and Planning (Secretary) of declaration (section 11(10)) |
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Power to name a road or change the name of a road by publishing notice in the Government Gazette |
S 11(8) |
Director City Operations Executive Manager Corporate Affairs Manager Roads and Maintenance Coordinator Governance
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Council must have made prior resolution to name or rename road
Delegates must: · Act in accordance with the guidelines under the Geographic Place Names Act 1998 and advise Registrar of action taken (section 11(9)) · Inform Secretary of new or changed road name (section 11(10)) |
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Duty, where Council is the coordinating road authority, to inform the Secretary or nominated person of a road discontinued by the Head of Transport for Victoria under section 12 |
S 11(10A) |
Director City Operations Manager Roads and Maintenance |
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Power, where Council is the coordinating road authority, to discontinue a road or part of a road |
S 12 |
Director City Design and Liveability Director City Operations Manager City Transport Manager Roads and Maintenance
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Council must have made prior resolution to discontinue road or part thereof
Must: · Inform Secretary of discontinuance (section 11(10A)) · Meet all of the public notice and submission requirements under section 12(4)-(10), unless section 12(11) applies |
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Power, where Council is the coordinating road authority, to fix a boundary of a road by publishing notice in Government Gazette |
S 13(1) |
Director City Design and Liveability Director City Operations Manager City Transport Manager Roads and Maintenance
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Must obtain the relevant approvals or consents under section 13(3) and (4) prior |
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Power, where the Head of Transport for Victoria has made a declaration in respect of a road, to appeal to the Minister against the decision |
S 14(7) |
Director City Design and Liveability Director City Operations Manager City Transport Manager Roads and Maintenance |
Appeal must be made within 21 days of being notified of the decision |
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Power to enter into arrangements with: · Another road authority, utility or a provider of public transport to transfer a road management function of the road authority to the other road authority, utility or provider of public transport; and · A utility to transfer a road management function of the utility to the road authority |
S 15(1), 15(1A), 16(7) |
Director City Operations Manager Roads and Maintenance |
Details of the arrangement and/or determination must be included in Council’s register of public roads (sections 15(2), 16(8)) |
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Power, where Council is the coordinating road authority, to decide that a road is reasonably required for general public use, or that it is no longer reasonably required for general public use |
S 17(3), (4) |
Director City Operations Manager City Transport Manager Planning and Building Manager Roads and Maintenance |
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Duty to keep register of public roads in respect of which Council is the coordinating road authority |
S 17(2), 19(1) |
Director City Operations Manager Roads and Maintenance |
Register must: · Include roads required for general public use (section 17(3)) · Remove roads no longer reasonably required for general public use (section 17(4)) · Record designations of ancillary areas (section 18(3)) · Specify details of discontinuance (section 19(4)) · Be available for public inspection (section 19(5)) |
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Power to designate an area of land as ancillary to a public road |
S 18(1) |
Director City Design and Liveability Director City Operations Manager City Transport Manager Roads and Maintenance |
Must obtain consent in accordance with section 18(2) (where required) |
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Power to correspond with the Minister or relevant Ministers in order to: · Reply to a request for information or advice required for the purposes of administering the Act; and · Comment on a proposed direction |
S 21, 22(2) |
Director City Design and Liveability Director City Operations Manager City Transport Manager Roads and Maintenance
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A copy or summary of any direction made by the Minister must be published in the annual report, and effect given to that direction (section 22(4) and (5)) |
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Duty to inspect, maintain and repair a public road |
S 40(1) |
Director City Operations Manager Roads and Maintenance Coordinator Asset Rehabilitation Coordinator Roads Municipal Emergency Management Officer |
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Power to inspect, maintain and repair a road which is not a public road |
S 40(5) |
Director City Operations Manager Roads and Maintenance Coordinator Asset Rehabilitation Coordinator Roads Municipal Emergency Management Officer |
|
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Power to determine the standard of construction, inspection, maintenance and repair roadways, pathways, road infrastructure and road related infrastructure |
S 41(1) |
Director City Operations Manager Roads and Maintenance |
|
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Power, where Council is the coordinating road authority, to declare a public road as a controlled access road, and amend or revoke such a declaration |
S 42(1), (2)
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Director City Operations Manager City Transport Manager Roads and Maintenance |
Declaration must be published in Government Gazette (schedule 2, clause 5) |
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Duty, where Council is the coordinating road authority, to consult with the Head of Transport for Victoria and the Minister for Local Government before a road is specified |
S 42A(3) |
Director City Operations Manager City Transport Manager Roads and Maintenance |
Where the road is a municipal road or part thereof |
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Power, where Council is the coordinating road authority, to approve Minister’s decision to specify a road as a specified freight road |
S 42A(4) |
Director City Operations Manager City Transport Manager Roads and Maintenance |
Where the road is a municipal road or part thereof |
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Duty, where Council is the responsible road authority, infrastructure manager or works manager, to notify the owner or occupier of land on which rail infrastructure or rolling stock is located and any relevant provider of public transport of the intended exercise of the power or the performance of the duty |
S 48EA |
Director City Operations Manager Roads and Maintenance |
Where the exercise of the power or performance of the duty will threaten, or is likely to threaten, the safety of the rail infrastructure or rolling stock |
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Function of consulting with the relevant bodies and authorities for the purposes of developing guidelines relating to bus stopping points and bus stop infrastructure |
S 48M(3) |
Manager City Transport Coordinator Traffic and Transport Coordinator Transport Planning Team Leader Traffic Engineering |
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Power to develop, publish, amend and review a road management plan |
S 49, 54(6) |
Director City Operations Manager Roads and Maintenance |
Plan must be adopted by Council
When developing, publishing and amending, must: · Give notice of the proposal to make a plan (section 54(2)) · Incorporate any amendments into the plan (section 54(7)) · Publish notice of the plan in the Government Gazette and newspaper (section 55(1)) · Publish notice of the amendment of any document in the plan in the Government Gazette (section 53(2)) · Give notice of amendment relating to the standard of construction, inspection, maintenance or repair under section 41 of the Act (regulation 10) · Publish notice of amendments to the plan (regulation 13(1)) · Record on the plan the substance and date of effect of amendment (regulation 13(3))
Reviews are to be conducted at prescribed intervals (section 54(5), regulation 8(1)), and must: · Produce and make available a written report of the review (regulation 9(2)) · Give notice where a review has been completed and no amendments will be made, or there are no amendments requiring notice (regulation 9(3)) |
|
Power to determine standards by incorporating the standards in a road management plan |
S 51 |
Director City Operations Manager Roads and Maintenance Coordinator Asset Management |
Plan must be adopted by Council
|
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Power, where Council is the coordinating road authority, to consent to works being conducted in, on, under or over a road |
S 63(1) |
Director City Operations Manager Roads and Maintenance Coordinator Asset Management |
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Power, where Council is the infrastructure manager, to conduct, or authorise the conduct of works in, on, under or over a road in an emergency |
S 63(2)(e) |
Director City Operations Manager Roads and Maintenance Coordinator Asset Rehabilitation Coordinator Roads Municipal Emergency Management Officer |
Must notify the relevant coordinating road authority of works that have been completed within 7 days of completion (schedule 7, clause 13) |
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Power, where Council is the coordinating road authority, to consent to a: (a) structure, device or hoarding for the exhibition of an advertisement or place any advertisement for exhibition on or over a road; or (b) bill on or over a road or on a pole, bus shelter, traffic sign, tree or other object or infrastructure on a road reserve; and can request, in writing, the name and address of the person responsible for distributing the sign or bill or for placing a sign or bill on or over a road or on a pole, bus shelter, traffic sign or other object or infrastructure on a road reserve |
S 66(1), 67, 68 |
Director City Operations Manager Project Management Office Manager Roads and Maintenance Coordinator Asset Rehabilitation Coordinator Project Management Services |
May charge a fee for application for consent which does not exceed the prescribed amount (regulation 23(4))
Manager Project Management Office and Coordinator Project Management Services to only exercise this power in respect of project signage |
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Power to appoint an authorised officer for the purposes of this Act and issue the authorised officer with an identity card |
S 71(3), 72 |
Chief Executive Officer |
Complaints regarding the exercise of a power by an authorised officer will be investigated and the complainant provided a written report about the results of the investigation (section 87) |
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Function of receiving reports from authorised officers where they have exercised a power of entry under this Act, and maintaining a register of these entries |
S 85, 86 |
Director City Operations Manager Roads and Maintenance |
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Power to recover damages in court from a person responsible for causing the traffic or weight to pass along the road |
S 112(2) |
Director City Operations Manager Roads and Maintenance Coordinator Asset Rehabilitation Prosecutions Support Officer |
Prosecutions Support Officer only has the power to undertake the administrative function of recovering damages as part of the prosecution process |
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Power to cause or carry out an inspection of public road or infrastructure |
S 116 |
Director City Operations Manager City Transport Manager Roads and Maintenance Coordinator Traffic and Transport Coordinator Transport Planning Team Leader Traffic Engineering |
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Function, where Council is the responsible road authority, of consulting with the Head of Transport for Victoria prior to the Head of Transport for Victoria performing a road management function |
S 119(2) |
Director City Design and Liveability Director City Operations Manager City Transport Manager Roads and Maintenance Coordinator Asset Rehabilitation Coordinator Traffic and Transport Coordinator Transport Planning |
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Power to exercise road management functions on an arterial road for the purposes of facilitating road safety and traffic management in relation to access to or from the arterial road |
S 120(1) |
Director City Operations Manager City Transport Manager Roads and Maintenance Coordinator Asset Rehabilitation Coordinator Traffic and Transport Coordinator Transport Planning |
Consent of the Head of Transport for Victoria must be sought prior (section 120(2)) |
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Power to enter into an agreement with the owner or occupier of land adjacent to a road or the developer of nearby land or any other person for the performance of works on a road which may benefit that person |
S 121(1) |
Director City Operations Manager Project Management Office Manager Roads and Maintenance
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Power to charge and recover reasonable fees for: (a) considering an application for an approval, permit or consent; (b) carrying out an inspection in connection with an application for an approval, permit or consent; (c) issuing an approval, permit or consent; (d) issuing a certificate |
S 122(1) |
Director City Operations Manager Roads and Maintenance |
Amount of a fee must not exceed the amount prescribed or determined in accordance with the regulations |
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Power to charge for any service provided under this Act |
S 123(1) |
Director City Operations Manager Roads and Maintenance |
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Power to make a decision in respect of a controlled access road |
Sch 2, cl 2(1) |
Director City Operations Manager Roads and Maintenance |
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Duty to make policy about controlled access roads; and power to amend, revoke or substitute that policy |
Sch 2, cl 3(1), (2) |
Director City Operations Manager Roads and Maintenance |
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Duty, where Council is the infrastructure manager or works manager, to give notice to relevant coordinating road authority of proposed installation of non-road infrastructure or related works on a reserve |
Sch 7, cl 7(1) |
Director City Operations Manager Roads and Maintenance |
Where installation necessary due to emergency, coordinating road authority to be notified about the installation as soon as is reasonably possible |
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Duty, where Council is the infrastructure manager or works manager, to give notice to any other infrastructure manager or works manager responsible for any non-road infrastructure in the area that could be affected by any proposed installation of infrastructure or related works on a road or road reserve of any road |
Sch 7, cl 8(1) |
Director City Operations Manager Roads and Maintenance Coordinator Asset Rehabilitation Coordinator Roads Municipal Emergency Management Officer |
Where installation necessary due to emergency, coordinating road authority to be notified about the installation as soon as is reasonably possible |
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Duty, where Council is the infrastructure manager or works manager, to: · Comply with request for information from a coordinating road authority, an infrastructure manager or a works manager responsible for existing or proposed infrastructure in relation to the location of any non-road infrastructure and technical advice or assistances in conduct of works · Give information to another infrastructure manager or works manager where Council becomes aware that any infrastructure or works are not in the location shown on records, appear to be in an unsafe condition or appear to need maintenance |
Sch 7, cl 9(1), (2) |
Director City Operations Manager Project Management Office Manager Roads and Maintenance Coordinator Asset Rehabilitation Coordinator Project Management Services
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Duty, where Council is the infrastructure manager or works manager, to conduct appropriate consultation with persons likely to be significantly affected by a proposal to install non-road infrastructure or conduct related works |
Sch 7, cl 10 |
Director City Operations Manager Project Management Office Manager Roads and Maintenance Coordinator Asset Rehabilitation Coordinator Project Management Services |
Persons likely to be significantly affected include occupiers or owners of property near the road, or a class of road users or another section of the public
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Power, where Council is the coordinating road authority, to: · Direct the infrastructure manager or works manager to conduct reinstatement works · Take measures to ensure reinstatement works are completed · Recover costs reasonably incurred when taking measures to ensure the reinstatement works are completed |
Sch 7, cl 12(2) –(5) |
Director City Operations Manager Roads and Maintenance Coordinator Asset Rehabilitation |
Must ensure reinstatement works are conducted by an appropriately qualified person |
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Duty, where Council is the works manager, to notify relevant coordinating road authority within 7 days that works have been completed |
Sch 7, cl 13(1) |
Director City Operations Manager Roads and Maintenance Coordinator Asset Rehabilitation |
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Power, where Council is the coordinating road authority, to vary the notice period in which works manager must notify council as to the works that have been completed |
Sch 7, cl 13(2) |
Director City Operations Manager Roads and Maintenance Coordinator Asset Rehabilitation |
May exempt a person from giving notice of the completion of the works (Road Management (Works and Infrastructure) Regulations 2015 regulation 15) |
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Power, where Council is the coordinating road authority, to consent or refuse consent to proposed works on a road, after consulting with the infrastructure manager and responsible road authority |
Sch 7, cl 16 |
Director City Operations Manager Roads and Maintenance Coordinator Asset Rehabilitation |
May set reasonable conditions on the consent (schedule 7, clauses (6) and (8))
May waive the whole or part of any fee for consent applications where it is considered that the application and any certificates, endorsements or other documents accompanying the application are sufficient confirmation that preparatory arrangements have been made for the works (Road Management (Works and Infrastructure) Regulations 2015 regulation 22(2))
If consent is refused, must provide applicant with written reasons for refusal (schedule 7, clause 17(2)) |
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Power, where Council is the coordinating road authority, to: · Enter into agreement with a road authority, infrastructure manager or works manager in respect of proposed works on roads; · Give notice to a road authority, infrastructure manager or works manager that authorised or conducted the works requiring rectification works to be conducted within a reasonable period specified in the notice; · Conduct the rectification works, or engage a person to conduct the rectification work on Council’s behalf and recover costs reasonably incurred in doing so, where the road authority, infrastructure manager or works manager fails to comply with a notice given |
Sch 7, cl 18(1) Sch 7, cl 19(1)-(3) |
Director City Operations Manager Roads and Maintenance Coordinator Asset Rehabilitation |
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Power, where Council is the coordinating road authority, to require removal, relocation, replacement or upgrade of existing non-road infrastructure for the purpose of improving the safety or efficient operation of a road |
Sch 7, cl 20(1) |
Director City Operations Manager Roads and Maintenance Coordinator Asset Rehabilitation Coordinator Roads Municipal Emergency Management Officer |
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Power, where Council is the responsible road authority or the coordinating road authority, to cause street lights to be installed on roads |
Sch 7A, cl 2 |
Director City Operations Manager Roads and Maintenance Coordinator Asset Rehabilitation |
Where Council is the coordinating road authority, may only cause street lights to be installed to the extent and in a manner considered appropriate, having regard to road management functions
Where Council is the responsible road authority, must pay the costs of installation and operation of the street lighting (schedule 7A, clause 3(1)(d)-(f)) |
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Power, where Council is the coordinating road authority, to issue a permit to allow interference with road |
Reg 16(3) |
Director City Operations Manager Roads and Maintenance Coordinator Asset Rehabilitation |
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Power, where Council is the coordinating road authority, to provide consent for a person to: (a) drive on a road a vehicle which is likely to cause damage to the road; or (b) drag or push over the surface of a road, any object or implement which is likely to cause damage to the road |
Reg 18(1) |
Director City Operations Manager Roads and Maintenance Coordinator Asset Rehabilitation Coordinator Roads Municipal Emergency Management Officer |
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Power, where Council is the coordinating road authority, to make a submission to VCAT in relation to a decision to refuse consent under section 66(1) |
Reg 23(3) |
Director City Operations Manager Roads and Maintenance |
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Power, where Council is the coordinating road authority, to: · Remove any object, refuse, rubbish, substance or other materials deposited or left on road; · Sell or dispose of these items; and · Recover in the Magistrates’ Court costs incurred for removing the items from the responsible person |
Reg 25(1), (2), (5) |
Director City Operations Manager City Amenity and Safety Manager Roads and Maintenance Coordinator Asset Rehabilitation Coordinator City Amenity Coordinator Roads Area Leader Animal Management Area Leader Civil and Operations Area Leader Cleansing and Drainage Team Leader Animal Management Team Leader Building and Litter Team Leader Local Laws Team Leader Road Safety Legislative Services Officer |
Must comply with regulation 25(3) prior to selling or disposing of items
Only listed Director and Managers have the power to sell or dispose of these items and recover costs in the Magistrates’ Court |
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ATTACHMENT No: 2 - Attachment 2 - Council to Staff Instrument - Marked up copy |
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Item No: 8.2 |
INSTRUMENT OF DELEGATION
FROM
WYNDHAM CITY COUNCIL
TO
MEMBERS OF COUNCIL STAFF
Instrument of Delegation
In exercise of the powers conferred by the legislation referred to in the attached Schedule, the Council:
1. Delegates each power, duty and/or function described in the Schedule to the member of Council staff holding, acting in or performing the duties of the office or position described opposite each such power, duty and/or function in the Schedule;
2. Declares that:
2.1. this
Instrument of Delegation is authorised by a resolution of Council passed on [date]29
June 2021; and
2.2. the delegation:
2.2.1. comes into force immediately after the common seal of Council is affixed to this Instrument of Delegation;
2.2.2. remains in force until varied or revoked;
2.2.3. is subject to any conditions and limitations set out in sub-paragraph 2.3, and the Schedule; and
2.2.4. must be exercised in accordance with any guidelines or policies which Council from time to time adopts; and
2.3. the delegate must not determine the issue, take the action or do the act or thing:
2.3.1. if the issue, action, act or thing is an issue, action or thing which Council has previously designated as an issue, action, act or thing which must be the subject of a Council resolution;
2.3.2. if the determining of the issue, taking of the action or doing of the act or thing would or would be likely to involve a decision which is inconsistent with a policy or strategy adopted by Council;
2.3.3. if the determining of the issue, the taking of the action or the doing of the act or thing cannot be the subject of a lawful delegation; or
2.3.4. the determining of the issue, the taking of the action or the doing of the act or thing is already the subject of an exclusive delegation to another member of Council staff or delegated committee.
The COMMON SEAL of WYNDHAM CITY COUNCIL
was affixed by authority of the Council on
in the presence of:
………………………………………………………………………. COUNCILLOR
………………………………………………………………………. CHIEF EXECUTIVE OFFICER
Contents
Domestic Animals Act 1994
Food Act 1984
Local Government Act 1989
Planning and Environment Act 1987
Planning and Environment Regulations 2015
Planning and Environment (Fees) Regulations 2016
Residential Tenancies Act 1997
Residential Tenancies Regulations 2021
Residential Tenancies (Caravan Parks and Moveable Dwellings Registration and Standards) Regulations 2020
Road Management Act 2004, Road Management (General) Regulations 2016 and Road Management (Works and Infrastructure) Regulations 2015
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Power, duty or function |
Section |
Delegate/s |
Conditions and limitations |
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Power to declare a dog to be a menacing dog |
S 41A(1) |
Manager City Amenity and Safety Area Leader Animal Management |
Owner must be notified of opportunity to make submissions about proposed declaration and be given notice of declaration (sections 41B(1), 41C)
Declaration may be revoked under section 41A(3) |
Environment
Protection Act 1970
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Power, duty or function |
Section |
Delegate/s |
Conditions and limitations |
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Power to direct by written order that the food premises be put into a clean and sanitary conditions or that specified steps be taken to ensure that food prepared, sold or handled is safe and suitable |
S 19(2) |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
If section 19(1) applies
If an order includes any direction specified in section 19(3)(a) or (b), delegates may direct that the order: (i) be affixed to a conspicuous part of the premises, and (ii) inform the public by notice in a published newspaper or otherwise (section 19(4)(a))
An order issued under section 19 must be revoked and notice given if satisfied it has been complied with (section 19(6)) |
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Power to direct by written order that the food premises not be kept or used for: (a) the sale, or handling for sale, of any food; (b) the preparation of food; or (c) a specified purpose or for the use of any specified equipment or a specified process |
S 19(3) |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
If section 19(1) applies
Only in relation to temporary food premises or mobile food premises
If an order includes any direction specified in section 19(3)(a) or (b), delegates may direct that the order: (i) be affixed to a conspicuous part of the premises, and (ii) inform the public by notice in a published newspaper or otherwise (section 19(4)(a))
An order issued under section 19 must be revoked and notice given if satisfied it has been complied with (section 19(6)) |
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Power, where Council is the registration authority, to direct, by written order, that a person must take any of the actions in section 19AA(2)(a)-(c) |
S 19AA(2) |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
May direct in an order under section 19AA(2) or subsequent written order, that a person must ensure that any food or class of food is not removed from the premises (section 19AA(4)(c))
An order issued under section 19AA must be revoked and written notice given if satisfied it has been complied with (section 19AA(7))
Note: the power to direct the matters under section 19AA(4)(a) and (b) is not capable of delegation and so such directions must be made by a Council resolution |
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Power, where Council is the registration authority, to request from a proprietor of a food premises: · A copy of the records · A copy of the food safety program · Written details of the name, qualification or experience of the current food safety supervisor · Food safety audit reports |
S 19CB(4)(b), 19E(1)(d), 19GB, 19NA(1) |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
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Power, where Council is the registration authority, to conduct a food safety audit and take actions where deficiencies are identified |
S 19M(4)(a), (5) |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
Coordinator Environmental Health may waive or vary the costs of a food safety audit if there are special circumstances (section 19U(3)) |
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Power to charge fees for conducting a food safety assessment or inspection |
S 19UA |
Manager Climate Futures Office Coordinator Environmental Health |
Except for an assessment required by a declaration under section 19C or an inspection under sections 38B(1)(c) or 39 |
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Power, where Council is the registration authority, to direct a proprietor of a food premises to: · Comply with any requirement under Part IIIB · Have staff at the premises undertake training or instruction · Have details of any staff training incorporated into the minimum records required to be kept or food safety program of the premises |
S 19W |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
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Power to register, renew or transfer registration |
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Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
Where Council is the registration authority
Refusal to grant/renew/transfer registration must be ratified by Council or the CEO (see section 58A(2)) |
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Power to accept an application for registration or notification using online portal |
S 36A |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
Where Council is the registration authority |
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Duty to pay the charge for use of online portal |
S 36B |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
Where Council is the registration authority |
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Power to request further information or advise the proprietor that the premises must be registered if the premises are not exempt |
S 38AA(5) |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
Where Council is the registration authority |
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Power to fix a fee for the receipt of a notification under section 38AA in accordance with a declaration under section 38AB(1) |
S 38AB(4) |
Manager Climate Futures Office Coordinator Environmental Health |
Where Council is the registration authority
Fee is set as part of the budget process
Note: no declaration under section 38AB(1) has been made |
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Power to request a copy of a completed food safety program template |
S 38A(4) |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
Where Council is the registration authority |
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Duty to assess the application and determine which class of food premises under section 19C the food premises belongs |
S 38B(1)(a) |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
Where Council is the registration authority |
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Duty to ensure proprietor has complied with requirements of section 38A |
S 38B(1)(b) |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
Where Council is the registration authority |
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Duty to be satisfied of the matters in section 38B(2)(a)-(b) |
S 38B(2) |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
Where Council is the registration authority |
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Duty to ensure compliance with the applicable provisions of section 38C and inspect the premises if required by section 39 |
S 38D(1) |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
Where Council is the registration authority |
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Duty to be satisfied of the matters in section 38D(2)(a)-(d) |
S 38D(2) |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
Where Council is the registration authority |
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Power to request copies of any audit reports |
S 38D(3) |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
Where Council is the registration authority |
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Power to register the food premises on a conditional basis |
S 38E(2) |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
Where Council is the registration authority
Not exceeding the prescribed limit defined |
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Duty to register the food premises when conditions are satisfied |
S 38E(4) |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
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Power to require proprietor to comply with requirements of this Act |
S 38F(3)9b) |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
Where Council is the registration authority |
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Power to require notification of change of the food safety program type used for the food premises |
S 38G(1) |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
Where Council is the registration authority |
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Power to require the proprietor of the food premises to comply with any requirement of the Act |
S 38G(2) |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
Where Council is the registration authority |
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Power to register, renew or transfer food premises despite minor defects |
S 39A |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
Where Council is the registration authority
Only if satisfied of matters in section 39A(2)(a)-(c) |
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Power to incorporate the certificate of registration in one document with any certificate of registration under Part 6 of the Public Health and Wellbeing Act 2008 |
S 40(2) |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
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Power to grant or renew the registration of food premises for a period of less than 1 year |
S 40C(2) |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
Where Council is the registration authority |
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Power, where Council is the registration authority, to suspend or revoke the registration of a food premises |
S 40D(1) |
Coordinator Environmental Health Senior Environmental Health Officer |
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Power to cancel registration of food premises |
S 40F |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
Where Council is the registration authority |
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Power, where Council is the registration authority, to register, transfer or renew the registration of a component of a food business |
S 43F |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
Must first be satisfied that the registration requirements under Division 3 have been met (section 43F(6))
May register the components which do meet the requirements and refuse to register the components which do not (section 43F(7)) |
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Power to institute proceedings against another person where the offence was due to an act or default by that other person and where the first person charged could successfully defend a prosecution, without proceedings first being instituted against the person first charged |
S 46(5) |
Manager Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
Where Council is the registration authority |
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Power, duty or function |
Section |
Delegate/s |
Conditions and limitations |
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Power to declare and levy a cladding rectification charge |
S 185L(4) |
Chief Executive Officer |
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Power, duty or function |
Section |
Delegate/s |
Conditions and limitations |
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Power to prepare an amendment to the Victorian Planning Provisions |
S 4B |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
If authorised by the Minister |
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Function of receiving prescribed documents and a copy of the Victorian Planning Provisions from the Minister |
S 4G |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
Must
make documents and the Victorian Planning Provisions available |
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Power to prepare amendment to the planning scheme |
S 8A |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
Must have obtained the Minister’s authorisation to prepare the amendment (section 8A(2), (3))
May prepare the amendment specified in the application without the Minister’s authorisation if no response is received after 10 business days (section 8A(7))
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Power to apply to the Minister for authorisation to prepare an amendment to the planning scheme of an adjoining municipal district |
S 8B(2) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
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Power to carry out studies and do things to ensure proper use of land and consult with other persons to ensure coordination of planning scheme with these persons |
S 12(3) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
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Duty to review planning scheme |
S 12B(1), (2) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
On completion of review, must report the findings of the review to the Minister without delay (section 12B(5)) |
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Duties of a Responsible Authority as set out in section 14(a) to (d), being: (a) to efficiently administer and enforce the planning scheme; and (aa) to enforce any enforcement order or interim enforcement order relating to land covered by a planning scheme for which it is the responsible authority; and (b) to implement the objectives of the planning scheme; and (c) to comply with this Act and the planning scheme; and (d) to provide information and reports as required by the Minister. |
S 14 |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
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Duty of giving copy amendment to the planning scheme |
S 17(1) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
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Duty of giving copy s 173 agreement |
S 17(2) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
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Duty of giving copy amendment, explanatory report and relevant documents to the Minister within 10 business days |
S 17(3) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
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Duty to make amendment etc. available in accordance with public availability requirements |
S 18 |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
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Power to give notice, to decide not to give notice, to publish notice of amendment to a planning scheme and to exercise any other power under section 19 to a planning scheme |
S 19 |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
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Function of receiving notice of preparation of an amendment to a planning scheme |
S 19 |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
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Power to apply to Minister for exemption from the requirements of section 19 |
S 20(1) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
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Duty
to make submissions available in accordance
with public availability requirements |
S 21(2) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
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Duty to publish notice |
S 21A(4) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
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Duty to consider all submissions |
S 22 |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
Except submissions which request a change to the items in section 22(5)(a) and (b)
Must refer submissions which request a change to the amendment to a panel (section 23(1)(b))
Submissions which do not require a change to the amendment may be referred to a panel (section 23(2)) |
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Function of representing Council and presenting a submission at a panel hearing (including a hearing referred to in section 96D) |
S 24 |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
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Power to make panel’s report available for inspection in accordance with the requirements set out in section 197B of the Act |
S 26(1) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
Must
keep report of panel available in accordance with public availability requirements |
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Power to apply for exemption if panel’s report not received |
S 27(2) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
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Duty to notify the Minister if abandoning an amendment |
S 28(1) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
Note: the power to make a decision to abandon an amendment cannot be delegated
Must publish notice of the decision on Council’s internet site, which must be available for a period of at least 2 months (section 28(2), (4)) |
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Duty to say if amendment has lapsed |
S 30(4)(a) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
Must confirm the information in writing if so requested (section 30(4)(b)) |
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Duty to give more notice of the amendment or changes to the amendment if directed by the Minister |
S 32(2), 33(1) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
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Duty to give notice of approval or revocation of amendment |
S 36(2), 38(5) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
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Function of being a party to a proceeding commenced under section 39 and duty to comply with determination by VCAT |
S 39 |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
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Function of lodging copy of approved amendment |
S 40(1) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
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Duty
to make a copy of approved amendment and any documents lodged with it
available in accordance with the public availability
requirements during inspection period |
S 41(1) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
Must make copy of approved amendment and any documents lodged with it available in person in accordance with the requirements set out in section 197B of the Act after the inspection period ends (section 41(2)) |
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Duty
to make a copy of the planning scheme available in accordance
with the public availability requirements |
S 42(2) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
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Function of being consulted by the Minister |
S 46AW |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
Where Council is a responsible public entity |
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Function of receiving a draft Statement of Planning Policy and written direction in relation to the endorsement of the draft Statement of Planning Policy
Power to endorse the draft Statement of Planning Policy |
S 46AX |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
Where Council is a responsible public entity
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Duty not to prepare an amendment to a declared area planning scheme that is inconsistent with a Statement of Planning Policy for the declared area that is expressed to be binding on the responsible public entity |
S 46AZC(2) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
Where Council is a responsible public entity |
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Duty not to act inconsistently with any provision of the Statement of Planning Policy that is expressed to be binding on the public entity when performing a function or duty or exercising a power in relation to the declared area |
S 46AZK |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
Where Council is a responsible public entity |
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Power to agree to a lower rate of standard levy for a class of development of a particular type of land than the rate specified in a Minister's direction |
S 46GI(2)(b)(i) |
Not delegated – the exercise of this power must be the subject of a prior Council resolution |
Where Council is the planning authority, the municipal Council of the municipal district in which the land is located and/or the development agency
Note: no infrastructure contribution plans currently operating in Wyndham |
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Function of receiving written directions from the Minister in relation to the preparation and content of infrastructure contributions plans |
S46GJ(1) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Note: no infrastructure contribution plans currently operating in Wyndham |
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Duty to comply with a Minister’s direction that applies to Council as the planning authority |
S 46GK |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Note: no infrastructure contribution plans currently operating in Wyndham |
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Duty to arrange for estimates of values of inner public purpose land |
S 46GN(1) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Note: no infrastructure contribution plans currently operating in Wyndham |
|
Duty to give notice to owners of certain inner public purpose land |
S 46GO(1) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Note: no infrastructure contribution plans currently operating in Wyndham |
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Function of receiving a notice under section 46GO |
S 46GP |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Where Council is the collecting agency
Note: no infrastructure contribution plans currently operating in Wyndham |
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Function of receiving a submission from an affected owner who objects to the estimated value per hectare (or other appropriate unit of measurement) of the inner public purpose land |
S 46GQ |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Must consider every submission that is made by the closing date (section 46GR(1))
May consider late submissions. Where directed by the Minister, late submissions must be considered (section 46GR(2))
Note: no infrastructure contribution plans currently operating in Wyndham |
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Power to accept or reject the estimate of the value of the inner public purpose land in a submission made under section 46GQ |
S 46GS(1) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
If the estimate is rejected, must refer the matter to the valuer-general and notify the affected owner (section 46GS(2))
Note: no infrastructure contribution plans currently operating in Wyndham |
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Duty to pay half of the fee fixed by the valuer-general for arranging and attending the conference |
S 46GT(2) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Note: no infrastructure contribution plans currently operating in Wyndham |
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Function of receiving from the valuer general: · Written confirmation of the agreement between the planning authority's valuer and the affected owner's valuer as to the estimated value of the inner public purpose land · Written notice of a determination under section 46GT(5) |
S 46GT(4), (6) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Note: no infrastructure contribution plans currently operating in Wyndham |
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Duty not to adopt an amendment under section 29 to an infrastructure contributions plan that specifies a land credit amount or a land equalisation amount that relates to a parcel of land in the ICP plan area of the plan unless the criteria in section 46GU(1)(a) and (b) are met |
S 46GU |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Note: no infrastructure contribution plans currently operating in Wyndham |
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Function of receiving the monetary component and any land equalisation amount of the infrastructure contribution
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S 46GV(3) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Where Council is the collecting agency
May specify the manner in which the payment is to be made
Note: no infrastructure contribution plans currently operating in Wyndham |
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Power to enter into an agreement with the applicant |
S 46GV(3)(b) |
Chief Executive Officer Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Where Council is the collecting agency
Agreements relating to Development Contribution Plans and Infrastructure Contribution Plans may only be entered into, ended, amended proposed to be amended or ended by the Chief Executive Officer, unless already approved by Council resolution
Note: no infrastructure contribution plans currently operating in Wyndham |
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Function of receiving the inner public purpose land in accordance with section 46GV(5) and (6) |
S 46GV(4)(a), (b) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Where Council is the development agency (section 46GV(4)(a))
Where Council is the collecting agency (section 46GV(4)(b))
Note: no infrastructure contribution plans currently operating in Wyndham |
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Duty to impose the requirements set out in section 46GV(3) and (4) as conditions on the permit applied for by the applicant to develop the land in the ICP plan area |
S 46GV(7) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Note: no infrastructure contribution plans currently operating in Wyndham |
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Power to require the payment of a monetary component or the provision of the land component of an infrastructure contribution to be secured to Council’s satisfaction |
S 46GV(9) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Where Council is the collecting agency
Note: no infrastructure contribution plans currently operating in Wyndham |
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Power to accept works, services or facilities in part or full satisfaction of the monetary component of an infrastructure contribution payable |
S 46GX(1) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Where Council is the collecting agency
Before accepting the provision of works, services or facilities, must obtain the agreement of the development agency or agencies specified in the approved infrastructure contributions plan
Note: no infrastructure contribution plans currently operating in Wyndham |
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Duty to keep proper and separate accounts and records |
S 46GY(1) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Where Council is the collecting agency
Must keep the accounts and records in accordance with the Local Government Act 2020 (section 46GY(2))
Note: no infrastructure contribution plans currently operating in Wyndham |
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Duty to forward any part of the monetary component that is imposed for plan preparation costs to the planning authority that incurred those costs |
S 46GZ(2)(a) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Where Council is the collecting agency under an approved infrastructure contributions plan
This duty does not apply where Council is that planning authority
Note: no infrastructure contribution plans currently operating in Wyndham |
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Function of receiving the monetary component |
S 46GZ(2)(a) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Where Council is the planning authority
This duty does not apply where Council is also the collecting agency
Note: no infrastructure contribution plans currently operating in Wyndham |
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Duty to forward any part of the monetary component that is imposed for the provision of works, services or facilities to the development agency that is specified in the plan as responsible for those works, services or facilities |
S 46GZ(2)(b) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Where Council is the collecting agency under an approved infrastructure contributions plan
This provision does not apply where Council is also the relevant development agency
Note: no infrastructure contribution plans currently operating in Wyndham |
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Function of receiving the monetary component |
S 46GZ(2)(b) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Where Council is the development agency under an approved infrastructure contributions plan
This provision does not apply where Council is also the collecting agency
Note: no infrastructure contribution plans currently operating in Wyndham |
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Duty to use any land equalisation amounts to pay land credit amounts under section 46GZ(7), except any part of those amounts that are to be forwarded to a development agency under section 46GZ(5) |
S 46GZ(4) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Where Council is the collecting agency under an approved infrastructure contributions plan
Note: no infrastructure contribution plans currently operating in Wyndham |
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Duty to forward any part of a land equalisation amount required for the acquisition of outer public purpose land by a development agency specified in the approved infrastructure contributions plan to that development agency |
S 46GZ(5) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Where Council is the collecting agency under an approved infrastructure contributions plan
This provision does not apply where Council is also the relevant development agency
Note: no infrastructure contribution plans currently operating in Wyndham |
|
Function of receiving any part of a land equalisation amount required for the acquisition of outer public purpose land |
S 46GZ(5) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Where Council is the development agency specified in the approved infrastructure contributions plan
This provision does not apply where Council is also the collecting agency
Note: no infrastructure contribution plans currently operating in Wyndham |
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Duty to pay to each person who must provide an infrastructure contribution under the approved infrastructure contributions plan any land credit amount to which the person is entitled under section 46GW |
S 46GZ(7) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Where Council is the collecting agency under an approved infrastructure contributions plan
Note: no infrastructure contribution plans currently operating in Wyndham |
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Duty to transfer the estate in fee simple in the land to the development agency specified in the approved infrastructure contributions plan as responsible for the use and development of that land |
S 46GZ(9) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
If any inner public purpose land is vested in Council under the Subdivision Act 1988 or acquired by Council before the time it is required to be provided to Council under section 46GV(4)
Where Council is the collecting agency under an approved infrastructure contributions plan
This duty does not apply where Council is also the development agency
Note: no infrastructure contribution plans currently operating in Wyndham |
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Function of receiving the fee simple in the land |
S 46GZ(9) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Where Council is the development agency under an approved infrastructure contributions plan
This duty does not apply where Council is also the collecting agency
Note: no infrastructure contribution plans currently operating in Wyndham |
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Duty to keep proper and separate accounts and records |
S 46GZA(1) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Where Council is a development agency under an approved infrastructure contributions plan
Must keep the accounts and records in accordance with the Local Government Act 2020 (section 46GZA(2))
Note: no infrastructure contribution plans currently operating in Wyndham |
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Duty to follow the steps set out in section 46GZB(3)(a) – (c) |
S 46GZB(3) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Where Council is a development agency under an approved infrastructure contributions plan
Note: no infrastructure contribution plans currently operating in Wyndham |
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Duty, in accordance with requirements of the VPA, to report on the use of the infrastructure contribution in the development agency's annual report and provide reports on the use of the infrastructure contribution to the VPA |
S 46GZB(4) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
If the VPA is the collecting agency under an approved infrastructure contributions plan
Where Council is a development agency under an approved infrastructure contributions plan
Note: no infrastructure contribution plans currently operating in Wyndham |
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Duty, within 6 months after the date on which the approved infrastructure contributions plan expires, to follow the steps set out in section 46GZD(2)(a) and (b) |
S 46GZD(2) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Where Council is the development agency under an approved infrastructure contributions plan
Note: no infrastructure contribution plans currently operating in Wyndham |
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Duty to follow the steps set out in section 46GZD(3)(a) and (b) |
S 46GZD(3) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Where Council is the collecting agency under an approved infrastructure contributions plan
Payments must be made in accordance with section 46GZD(5)
Note: no infrastructure contribution plans currently operating in Wyndham |
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Duty to forward the land equalisation amount back to the collecting agency within 6 months after the expiry date if any part of a land equalisation amount paid or forwarded to a development agency for acquiring outer public purpose land has not been expended by the development agency to acquire that land at the date on which the approved infrastructure contributions plan expires |
S 46GZE(2) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Where Council is the development agency under an approved infrastructure contributions plan
This duty does not apply where Council is also the collecting agency
Note: no infrastructure contribution plans currently operating in Wyndham |
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Function of receiving the unexpended land equalisation amount |
S 46GZE(2) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Where Council is the collecting agency under an approved infrastructure contributions plan
This duty does not apply where Council is also the development agency
Note: no infrastructure contribution plans currently operating in Wyndham |
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Duty, within 12 months after the date on which the approved infrastructure contributions plan expires, to follow the steps set out in section 46GZE(3)(a) and (b) |
S 46GZE(3) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Where Council is the collecting agency under an approved infrastructure contributions plan
Note: no infrastructure contribution plans currently operating in Wyndham |
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Duty, within 12 months after the date on which the approved infrastructure contributions plan expires, to use the public purpose land for a public purpose approved by the Minister or sell the public purpose land |
S 46GZF(2) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Where Council is the development agency under an approved infrastructure contributions plan
If land is sold under section 46GZF(2)(b), must follow the steps in section 46GZF(3)(a) and (b)
Note: no infrastructure contribution plans currently operating in Wyndham |
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Function of receiving proceeds of sale |
S 46GZF(3) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Where Council is the collection agency under an approved infrastructure contributions plan
This provision does not apply where Council is also the development agency
Note: no infrastructure contribution plans currently operating in Wyndham |
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Duty to divide the proceeds of the public purpose land among the current owners of each parcel of land in the ICP plan area and pay each current owner a portion of the proceeds in accordance with section 46GZF(5) |
S 46GZF(4) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Where Council is the collecting agency under an approved infrastructure contributions plan
Payments must be made in accordance with section 46GZF(6)
Note: no infrastructure contribution plans currently operating in Wyndham |
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Power to recover the monetary component, or any land equalisation amount of the land component, payable under Part 3AB as a debt in any court of competent jurisdiction |
S 46GZH |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Where Council is the collecting agency under an approved infrastructure contributions plan
Note: no infrastructure contribution plans currently operating in Wyndham |
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Duty to prepare and give a report to the Minister at the times required by the Minister |
S 46GZI |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Where Council is a collecting agency or development agency
Note: no infrastructure contribution plans currently operating in Wyndham |
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Power to deal with public purpose land which has vested in, been acquired by, or transferred to, Council |
S 46GZK |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Where Council is a collecting agency or development agency
Note: no infrastructure contribution plans currently operating in Wyndham |
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Duty to publish, on Council’s Internet site, the payable dwelling amount for a financial year on or before 1 July of each financial year for which the amount is adjusted under section 46LB(2) |
S 46LB(3) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions Senior Strategic Planner – Development Contributions Strategic Planner – Development Contributions |
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Duty to include condition in permit regarding payment of development infrastructure levy |
S 46N(1) |
Director City Design and Liveability Manager Planning and Building Coordinator Town Planning Team Leader Town Planning |
May determine the time and manner for receipt of levy (section 46N(2)(c))
May require payment of amount of levy to be satisfactorily secured (section 46P(1))
May accept provision of land, works, services or facilities in part or full payment of levy payable (section 46P(2)) |
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Power to enter into an agreement with the applicant regarding payment of development infrastructure levy |
S 46N(2)(d) |
Chief Executive Officer Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
May require payment of amount of levy to be satisfactorily secured (section 46P(1))
May accept provision of land, works, services or facilities in part or full payment of levy payable (section 46P(2))
May only enter, end, amend or propose to amend agreements that have been approved by a prior Council resolution
Agreements which have not been approved by a prior Council resolution may only be entered into, ended, amended, proposed to be amended or ended by the Chief Executive Officer |
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Duty to ensure that community infrastructure levy is paid, or agreement is in place, prior to issuing building permit |
S 46O(1)(a), (2)(a) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
May require payment of amount of levy to be satisfactorily secured (section 46P(1))
May accept provision of land, works, services or facilities in part or full payment of levy payable (section 46P(2)) |
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Power to enter into agreement with the applicant regarding payment of community infrastructure levy |
S 46O(1)(d), (2)(d) |
Chief Executive Officer Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
May require payment of amount of levy to be satisfactorily secured (section 46P(1))
May accept provision of land, works, services or facilities in part or full payment of levy payable (section 46P(2))
May only enter, end, amend or propose to amend agreements that have been approved by a prior Council resolution
Agreements which have not been approved by a prior Council resolution may only be entered into, ended, amended, proposed to be amended or ended by the Chief Executive Officer |
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Duty to: · keep proper accounts of levies paid · forward to development agency part of levy imposed for carrying out works, services or facilities on behalf of development agency or plan preparation costs incurred by a development agency · apply levy only for a purpose relating to the provision of plan preparation costs or the works, services and facilities in respect of which the levy was paid etc |
S 46Q(1), (1A), (2) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
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Power to refund any amount of levy paid if it is satisfied the development is not to proceed |
S 46Q(3) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Only applies when levy is paid to Council as a ‘development agency’ |
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Duty to pay amount to current owners of land in the area if an amount of levy has been paid to a municipal council as a development agency for plan preparation costs incurred by Council or for the provision by Council of works, services or facilities in an area under section 46Q(4)(a) |
S 46Q(4)(c) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Must be done within six months of the end of the period required by the development contributions plan and with the consent of, and in the manner approved by, the Minister |
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Duty to submit to the Minister an amendment to the approved development contributions plan |
S 46Q(4)(d) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Must be done in accordance with Part 3 |
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Duty to expend that amount on other works etc |
S 46Q(4)(e) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
With the consent of, and in the manner approved by, the Minister |
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Power to recover any amount of levy payable under Part 3B |
S 46QC |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
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Duty to prepare report and give a report to the Minister |
S 46QD |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions |
Where Council is a collecting agency or development agency |
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Duty to make a copy of the approved strategy plan (being the Melbourne Airport Environs Strategy Plan) and any documents lodged with it available |
S 46V(3) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
Note: the Melbourne Airport Environs Strategy does not currently apply to Wyndham |
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Duty to carry out works in conformity with the approved strategy plan |
S 46Y |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
Note: the Melbourne Airport Environs Strategy does not currently apply to Wyndham |
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Notes: 1. The types of permit applications made under section 47-97G(6) listed below will automatically be referred to the Planning Committee: · applications which have received 15 or more objections, if they are consistent with Council Policy and/or the Wyndham Planning scheme, as amended from time to time; · applications seeking approval for the installation of electronic gaming machines; · applications for use and development of Council-owned land; · applications to demolish a building or structure in a heritage overlay; · applications that are not generally in accordance with the applicable Precinct Structure Plan or Development Plan; · applications with a cost of development greater than $5,000,000 which are not located in an industrial zoned area; · applications that the Director City Design and Liveability or Manager Planning and Building consider are appropriate to be considered by the Planning Committee.
2. In addition to Note 1 above, any Councillor or Councillors may request that any permit application made under section 47-97G(6) is referred to the Planning Committee for determination in accordance with the Call-in Procedures outlined in the Planning Committee Terms of Reference, as amended from time to time. |
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Power to decide that an application for a planning permit does not comply with that Act |
S 47 |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Subdivision Planner Town Planner |
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Duty to keep a register of all applications for permits and determinations relating to permits |
S 49(1) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Senior Town Planning Support Officer Subdivision Planner Town Planner Town Planning Administration Town Planning Support |
Register must include Ministerial decisions (section 97L)
Register must be available for inspection in accordance with the public availability requirements (section 49(2)) |
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Duty to amend application |
S 50(4) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Subdivision Planner Town Planner |
May refuse to amend application if delegate considers the amendment is so substantial that a new application for a permit should be made (section 50(5))
Must make a note of amendment in the register (section 50(6)) |
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Power to make amendment to application |
S 50A(1) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Senior Town Planning Support Officer Subdivision Planner Town Planner Town Planning Administration Town Planning Support |
May require applicant to notify the owner and make a declaration that notice has been given (section 50A(3))
Must make a note of amendment in the register (section 50A(4))
Team Leader Business Planning Administration, Senior Town Planning Support Officer, Town Planning Administration and Town Planning Support are limited to making a note of the amendment in the register under section 50A(4) |
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Duty to make copy of application available for inspection in accordance with the public availability requirements |
S 51 |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Senior Town Planning Support Officer Subdivision Planner Town Planner Town Planning Administration Town Planning Support |
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Duty to give notice of the application to: · Owners/occupiers of adjoining allotments unless satisfied that the grant of permit would not cause material detriment to any person · Other municipal council where appropriate · All persons required by the planning scheme · Owners and occupiers of land benefited by a registered restrictive covenant if any result in breach of covenant · Owners and occupiers of land benefited by a registered restrictive covenant if application is to remove or vary the covenant · Other persons who may be detrimentally effected |
S 52(1) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Subdivision Planner Town Planner |
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Duty to give notice of an application to remove or vary a registered restrictive covenant |
S 52(1AA) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Subdivision Planner Town Planner |
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Power to give any further notice of an application where appropriate |
S 52(3) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Subdivision Planner Town Planner |
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Power to require the applicant to give notice under section 52(1) or 52(1AA) |
S 53(1), (1A) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Subdivision Planner Town Planner |
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Power to require the applicant to provide more information |
S 54(1) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Subdivision Planner Town Planner |
Must give notice in writing of information required (section 54(1A))
Notice must state the lapse date for the application (section 54(1B)) |
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Power to decide to extend time or refuse to extend time to give required information |
S 54A(3) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Subdivision Planner Town Planner |
Must give written notice of decision to extend or refuse to extend time (section 54A(4)) |
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Duty to give copy application, together with the prescribed information, to every referral authority specified in the planning scheme |
S 55(1) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Subdivision Planner Town Planner |
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Function of receiving objections |
S 57(2), (3) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Senior Town Planning Support Officer Subdivision Planner Town Planner Town Planning Administration Town Planning Support |
Objections that are considered to be made primarily for the commercial advantage of the objector may be rejected (section 57(2A))
The objection may contain the name and address of the persons to whom the notice of the decision is to go to (section 57(3))
Must
make a copy of all objections available
Team Leader Business Planning Administration, Senior Town Planning Support Officer, Town Planning Administration and Town Planning Support are limited to receiving the name and address of the person to whom notice of the decision is to go to and making a copy of the objections available for inspection under section 57(3) and (5) |
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Duty to amend application in accordance with applicant’s request |
S 57A(4) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Senior Town Planning Support Officer Subdivision Planner Town Planner Town Planning Administration Town Planning Support |
May refuse to amend the application if delegate considers that the amendment is so substantial that a new application for a permit should be made (section 57A(5))
Must make a note of amendment in the register (section 57A(6))
If application is amended, delegate must determine whether and to whom notice should be given, by considering certain matters (section 57B(1), (2))
Must give copy of amended application to referral authority (section 57C(1))
Team Leader Business Planning Administration, Senior Town Planning Support Officer, Town Planning Administration and Town Planning Support are limited to making a note of the amendment in the register, giving notice and giving a copy of the amended application to the referral authority under section 57A(6) and 57C(1) |
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Duty to consider every application for a permit |
S 58 |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Subdivision Planner Town Planner |
May, with the consent of the Minister, ask the Planning Application Committee for advice in relation to an application for a permit or a class of applications for permits (section 58A)
When considering an application, must consider the matters listed in section 60 |
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Power to determine permit application |
S 61(1) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Town Planner
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The permit must not be inconsistent with a cultural heritage management plan under the Aboriginal Heritage Act 2006
Must refuse to grant permit if: · a relevant determining referral authority objects to the grant of permit (section 61(2)) · the grant would authorise a breach of a registered restrictive covenant (section 61(4))
May refuse to grant permit if a relevant recommending referral authority objects to the grant of permit (section 61(2A))
Must not decide to grant a permit to use coastal Crown land without Minister’s consent, and must refuse to grant the permit without the Minister’s consent (section 61(3))
Must issue the permit where decision is in favour of the application and no one has objected (section 63) |
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Duty to include certain conditions in permit |
S 62(1) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Town Planner |
Permit conditions must be consistent with section 62(4)
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Power to include conditions in permit |
S 62(2), (5) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Town Planner |
Permit conditions must be consistent with section 62(4)
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Duty not to include a permit condition requiring a person to pay an amount for or provide works except: · in accordance with sections 46N(1), 46GV(7) or 62(5) · a condition that a planning scheme requires to be included as referred to in section 62(1)(a)
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S 62(6) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Town Planner |
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Duty to give: · Notice of decision to grant a permit to applicant and objectors; · Each objector a copy of an exempt decision |
S 64(1), 64(5) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Senior Town Planning Support Officer Subdivision Planner Town Planner Town Planning Administration Town Planning Support |
This provision applies also to a decision to grant an amendment to a permit – see section 75 |
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Duty not to issue a permit until: · After the specified period; or · The end of a period when an application for review may be lodged with VCAT or until VCAT has determined the application, if a relevant recommending referral authority has objected to the grant of a permit |
S 64(3), 64A |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Senior Town Planning Support Officer Subdivision Planner Town Planner Town Planning Administration Town Planning Support |
This provision applies also to a decision to grant an amendment to a permit – see section 75 |
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Duty to give notice of refusal to grant permit to applicant and person who objected under section 57 |
S 65(1) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Senior Town Planning Support Officer Subdivision Planner Town Planner Town Planning Administration Town Planning Support |
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Duty to give notice under section 64 or 65 and copy permit to relevant determining referral authorities |
S 66(1) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Senior Town Planning Support Officer Subdivision Planner Town Planner Town Planning Administration Town Planning Support |
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Duty to give a recommending referral authority notice of its decision to grant or refuse a permit |
S 66(2), (4) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Senior Town Planning Support Officer Subdivision Planner Town Planner Town Planning Administration Town Planning Support |
If the recommending referral authority objected to the grant of the permit or the responsible authority decided not to include a condition on the permit recommended by the recommending referral authority (section 66(2)
If the recommending referral authority objected to the grant of the permit or the recommending referral authority recommended that a permit condition be included on the permit (section 66(4)) |
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Duty to give a recommending referral authority a copy of any permit which Council decides to grant and a copy of any notice given under section 64 or 65 |
S 66(6) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Senior Town Planning Support Officer Subdivision Planner Town Planner Town Planning Administration Town Planning Support |
If the recommending referral authority did not object to the grant of the permit or the recommending referral authority did not recommend a condition be included on the permit |
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Power to extend time of permit or to complete development |
S 69(2) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Senior Town Planning Support Officer Subdivision Planner Town Planner |
Application must have been received in accordance with section 69(1) and or (1A), as applicable |
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Duty
to make copy of permit available in accordance
with public availability requirements |
S 70 |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Senior Town Planning Support Officer Subdivision Planner Town Planner Town Planning Administration Town Planning Support |
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Power to correct certain mistakes |
S 71(1) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Senior Town Planning Support Officer Subdivision Planner Town Planning Administration Town Planning Support |
Corrections must be noted in the register (section 71(2))
Team Leader Business Planning Administration, Senior Town Planning Support Officer, Town Planning Administration and Town Planning Support are limited to noting corrections in the register under section 71(2) |
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Power to decide to grant amendment subject to conditions |
S 73 |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Town Planner |
Must issue amended permit to applicant if no objectors (section 74)
Must give applicant and objectors notice of decision to refuse to grant amendment to permit (section 76)
Must give relevant determining referral authorities copy of amended permit and copy of notice (section 76A(1))
If the recommending referral authority objected to the amendment of the permit or if Council decided not to include a condition on the amended permit recommended by the authority, must give the authority notice of the decision to grant the amendment (section 76A(2)) |
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Duty to give a recommending referral authority notice of its decision to refuse a permit |
S 76A(4) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Senior Town Planning Support Officer Subdivision Planner Town Planner Town Planning Administration Town Planning Support |
If the recommending referral authority objected to the amendment of the permit or the recommending referral authority recommended that a permit condition be included on the amended permit |
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Duty to give a recommending referral authority a copy of any amended permit which Council decides to grant and a copy of any notice given under section 64 or 76 |
S 76A(6) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Senior Town Planning Support Officer Subdivision Planner Town Planner Town Planning Administration Town Planning Support |
If the recommending referral authority did not object to the amendment of the permit or the recommending referral authority did not recommend a condition be included on the amended permit |
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Duty to comply with direction of Minister to issue amended permit |
S 76D |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Senior Town Planning Support Officer Subdivision Planner Town Planner Town Planning Administration Town Planning Support |
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Function of being respondent to an appeal |
S 83 |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Subdivision Planner Town Planner |
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Duty to give or publish notice of application for review |
S 83B |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Senior Town Planning Support Officer Subdivision Planner Town Planner Town Planning Administration Town Planning Support |
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Power to decide on an application at any time after an appeal is lodged against failure to grant a permit |
S 84(1) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Town Planner |
Must tell principal registrar if Council decides to grant a permit after an application is made for review of its failure to grant a permit (section 84(3)) |
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Duty not to issue a permit or notice of decision or refusal after an application is made for review of a failure to grant a permit |
S 84(2) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Town Planner |
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Duty to issue permit on receipt of advice within 3 working days |
S 84(6) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Senior Town Planning Support Officer Subdivision Planner Town Planner Town Planning Administration Town Planning Support |
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Power to agree to confining a review by the Tribunal |
S 84AB |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Subdivision Planner Town Planner |
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Duty to issue a permit at order of Tribunal within 3 working days |
S 86 |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Senior Town Planning Support Officer Subdivision Planner Town Planner Town Planning Administration Town Planning Support |
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Power to apply to VCAT for the cancellation or amendment of a permit |
S 87(3) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Town Planner |
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Function of being heard at hearing of request for cancellation or amendment of a permit |
S 90(1) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Subdivision Planner Town Planner |
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Duty to comply with the directions of VCAT |
S 91(2) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Subdivision Planner Town Planner |
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Duty to issue amended permit to owner if Tribunal so directs |
S 91(2A) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Subdivision Planner Town Planner |
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Duty to give notice of cancellation/amendment of permit by VCAT to persons entitled to be heard under section 90 |
S 92 |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Subdivision Planner Town Planner |
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Duty to give notice of VCAT order to stop development |
S 93(2) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Subdivision Planner Town Planner |
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Duty to comply with an order or direction to refer certain applications to the Minister |
S 95(3), (4) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Subdivision Planner Town Planner |
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Duty to obtain a permit from the Minister to use and develop its land |
S 96(1) |
Director City Design and Liveability Manager Planning and Building Coordinator Growth Area Coordinator Town Planning Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Subdivision Officer Senior Town Planner Subdivision Planner Town Planner |
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Function of giving consent to other persons to apply to the Minister for a permit to use and develop Council land |
S 96(2) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planning Projects Officer Senior Planning Projects Officer Senior Strategic Planner Strategic Planner |
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Power to agree to consider an application for permit concurrently with preparation of proposed amendment |
S 96A(2) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
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Power to give notice, to decide not to give notice, to publish notice and to exercise any other power under section 96C |
S 96C |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
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Duty to consider the panel’s report under section 96E |
S 96F |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
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Power to determine to recommend that a permit be granted or to refuse to recommend that a permit be granted and power to notify applicant of the determination (including power to give notice under section 23 of the Planning and Environment (Planning Schemes) Act 1996) |
S 96G(1) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
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Power to give notice in compliance with Minister’s direction |
S 96H(3) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
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Power to issue permit as directed by the Minister |
S 96J |
Director City Design and Liveability Manager Planning and Building Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Town Planning Coordinator Urban Transformation Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Subdivision Officer Senior Urban Planner Senior Town Planner Strategic Planner Subdivision Planner Town Planner |
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Duty to comply with direction of the Minister to give notice of refusal |
S 96K |
Director City Design and Liveability Manager Planning and Building Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Town Planning Coordinator Urban Transformation Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Projects Principal Planner – Activity Centres Principal Strategic Planner Senior Strategic Planner Senior Subdivision Officer Senior Urban Planner Strategic Planner Subdivision Planner |
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Duty to keep levy certificates given to it under sections 47 or 96A for no less than 5 years from receipt of the certificate |
S 96Z |
Director City Design and Liveability Manager Planning and Building Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Town Planning Coordinator Urban Transformation Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Subdivision Officer Senior Town Planner Senior Town Planning Support Officer Senior Urban Planner Strategic Planner Subdivision Planner Town Planner Town Planning Administration Town Planning Support |
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Power to request Minister to decide the application |
S 97C |
Director City Design and Liveability Manager Planning and Building Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Urban Planner Senior Strategic Planner Strategic Planner |
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Duty to comply with directions of Minister to supply an document or assistance relating to application |
S 97D(1) |
Director City Design and Liveability Manager Planning and Building Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Town Planning Coordinator Urban Transformation Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Subdivision Officer Senior Town Planner Senior Town Planning Support Officer Senior Urban Planner Strategic Planner Subdivision Planner Town Planner Town Planning Administration Town Planning Support |
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Function of receiving from Minister copy of notice of refusal to grant permit or copy of any permit granted by the Minister |
S 97G(3) |
Director City Design and Liveability Manager Planning and Building Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Town Planning Coordinator Urban Transformation Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Subdivision Officer Senior Town Planner Senior Town Planning Support Officer Senior Urban Planner Strategic Planner Subdivision Planner Town Planner Town Planning Administration Town Planning Support |
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Duty
to make a copy of permits issued under section 97F available in
accordance with public availability requirements |
S 97G(6) |
Director City Design and Liveability Manager Planning and Building Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Town Planning Coordinator Urban Transformation Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Subdivision Officer Senior Town Planner Senior Town Planning Support Officer Senior Urban Planner Strategic Planner Subdivision Planner Town Planner Town Planning Administration Town Planning Support |
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Duty to provide information or assistance to the Planning Application Committee |
S 97MH |
Director City Design and Liveability Manager Planning and Building Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Town Planning Coordinator Urban Transformation Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Subdivision Officer Senior Town Planning Support Officer Senior Urban Planner Strategic Planner Subdivision Planner Town Planner Town Planning Administration Town Planning Support |
At the Minister’s request, Directors and/or Managers must contribute the specified costs incurred when providing the advice or carrying out the function (section 97MI) |
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Duty to consider application and issue or refuse to issue certificate of compliance |
S 97O |
Director City Design and Liveability Manager Planning and Building Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Town Planning Coordinator Urban Transformation Team Leader Growth Area Team Leader Business Planning Administration Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Town Planner Senior Town Planning Support Officer Senior Urban Planner Strategic Planner |
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Duty to comply with directions of VCAT following an application for review of a failure or refusal to issue a certificate |
S 97P(3) |
Director City Design and Liveability Manager Planning and Building Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Town Planning Coordinator Urban Transformation Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Town Planner Senior Town Planning Support Officer Senior Urban Planner Strategic Planner |
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Function of being heard by VCAT at hearing of request for amendment or cancellation of certificate |
S 97Q(2) |
Director City Design and Liveability Manager Planning and Building Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Town Planning Coordinator Urban Transformation Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Projects Principal Planner – Activity Centres Principal Strategic Planner Senior Strategic Planner Senior Town Planner Senior Urban Planner Strategic Planner |
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Duty to comply with directions of VCAT |
S 97Q(4) |
Director City Design and Liveability Manager Planning and Building Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Town Planning Coordinator Urban Transformation Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Town Planner Senior Town Planning Support Officer Senior Urban Planner Strategic Planner |
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Duty to keep register of all applications for certificate of compliance and related decisions |
S 97R |
Director City Design and Liveability Manager Planning and Building Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Town Planning Coordinator Urban Transformation Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Subdivision Officer Senior Town Planner Senior Town Planning Support Officer Senior Urban Planner Strategic Planner Subdivision Planner Town Planner Town Planning Administration Town Planning Support |
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Function of receiving claim for compensation in certain circumstances |
S 98(1), (2) |
Director City Design and Liveability Manager Planning and Building Manager Urban Futures Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
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Duty to inform any person of the name of the person from whom compensation can be claimed |
S 98(4) |
Director City Design and Liveability Manager Planning and Building Manager Urban Futures Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
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Function of receiving claim for: · expenses in conjunction with claim · compensation |
S 101, 107(1) |
Director City Design and Liveability Manager Planning and Building Manager Urban Futures Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
May reject a claim for compensation in certain circumstances (section 103)
May agree to extend time for making a claim for compensation (section 107(3)) |
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Power to apply to VCAT for an: · enforcement order · interim enforcement order where section 114 application has been made |
S 114(1), 120(1) |
Director City Design and Liveability Manager City Amenity and Safety Manager Planning and Building Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Town Planning Coordinator Urban Transformation Team Leader Growth Area Team Leader Major Projects Team Leader Planning Investigations Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
May make submissions to VCAT where objections to the application for an enforcement order are received (section 117(1)) |
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Power to carry out work required by enforcement order and recover costs |
S 123(1) |
Director City Design and Liveability Manager Planning and Building Manager City Amenity and Safety Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Town Planning Coordinator Urban Transformation Team Leader Growth Area Team Leader Major Projects Team Leader Planning Investigations Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
May sell buildings, materials, etc. salvages in carrying out work under section 123(1) (except Crown Land) (section 123(2)) |
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Function of recovering penalties |
S 129 |
Director City Design and Liveability Manager Planning and Building Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Town Planning Coordinator Urban Transformation Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
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Power to allow person served with infringement notice further time |
S 130(5) |
Director City Design and Liveability Manager City Amenity and Safety Manager Urban Futures Coordinator Strategic Planning Coordinator Urban Transformation Team Leader Planning Investigations Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Planning Investigations Officer Strategic Planner |
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Power to refer a matter to VCAT for determination or apply to VCAT for the determination of a matter relating to the interpretation of a section 173 agreement |
S 149A(1), (1A) |
Director City Design and Liveability Manager Planning and Building Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Town Planning Coordinator Urban Transformation Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Town Planner Senior Urban Planner Strategic Planner |
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Duty to pay fees and allowances (including a payment to the Crown under section 156(2A)), and payment or reimbursement for reasonable costs and expenses incurred by the panel in carrying out its functions |
S 156 |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
Where Council is the relevant planning authority and unless the Minister directs otherwise
Only the Director and Managers have the power to ask for contribution under section 156(3) and the power to abandon an amendment or part of It under section 156(4) |
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Power to carry out studies and commission reports and grant and reserve easements |
S 171(2)(f), (g) |
Director City Design and Liveability Manager Planning and Building Manager Roads and Maintenance Manager Urban Futures Coordinator Asset Rehabilitation Coordinator Engineering Design Coordinator Growth Area Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Strategic Property Management Coordinator Town Planning Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Urban Planner Strategic Planner |
Manager Roads and Maintenance, Coordinator Asset Rehabilitation and Coordinator Engineering Design may only exercise this power upon advice of listed delegates |
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Power to compulsorily acquire any inner or outer public purpose land |
S 172C, 172D |
Chief Executive Officer Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning – Development Contributions Plan |
Where Council is a development agency specified in an approved infrastructure contributions plan
Outer public purpose land must be specified in an approved ICP
Inner public purpose land must be specified in an approved ICP or its use and development to be the responsibility of Council under the plan
Note: no infrastructure contribution plans currently operating in Wyndham |
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Power to enter into agreement covering matters set out in section 174 |
S 173(1) |
Chief Executive Officer Director City Design and Liveability Manager Roads and Maintenance Manager Planning and Building Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Town Planning Coordinator Urban Transformation Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Senior Town Planner |
Agreements relating to Development Contribution Plans and Infrastructure Contributions Plans may only be entered into, ended or amended, by the Chief Executive Officer, unless already ratified by Council resolution
Manager Roads and Maintenance may only enter into agreements relating to build over easements |
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Power to enter into an agreement with an owner of land for the development or provision of land in relation to affordable housing |
S 173(1A) |
Chief Executive Officer Director City Design and Liveability Manager Roads and Maintenance Manager Urban Futures Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Urban Transformation |
Where Council is the relevant responsible authority |
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Power to decide whether something is to the satisfaction of Council, where an agreement made under section 173 of the Planning and Environment Act 1987 requires something to be to the satisfaction of Council or Responsible Authority |
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Director City Design and Liveability Manager Planning and Building Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Town Planning Coordinator Urban Transformation Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Town Planner Strategic Planner |
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Power to give consent on behalf of Council, where an agreement made under section 173 of the Planning and Environment Act 1987 requires that something may not be done without the consent of Council or Responsible Authority |
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Director City Design and Liveability Manager Planning and Building Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Town Planning Coordinator Urban Transformation Team Leader Town Planning Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Town Planner Strategic Planner |
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Power to end a section 173 agreement with the agreement of all those bound by any covenant in the agreement or otherwise in accordance with Division 2 of Part 9 |
S 177(2) |
Chief Executive Officer Director City Design and Liveability Manager Planning and Building Manager Roads and Maintenance Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Town Planning Coordinator Urban Transformation Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Town Planner Strategic Planner |
Agreements relating to Development Contribution Plans and Infrastructure Contribution Plans may only be ended by the Chief Executive Officer, unless already ratified by Council resolution
Manager Roads and Maintenance may only end agreements relating to build over easements |
|
Power to amend a section 173 agreement with the agreement of all those bound by any covenant in the agreement or otherwise in accordance with Division 2 of Part 9 |
S 178 |
Chief Executive Officer Director City Design and Liveability Manager Planning and Building Manager Roads and Maintenance Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Town Planning Coordinator Urban Transformation Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Town Planner Strategic Planner |
Agreements relating to Development Contribution Plans and Infrastructure Contribution Plans may only be amended by the Chief Executive Officer, unless already ratified by Council resolution
Manager Roads and Maintenance may only amend agreements relating to build over easements |
|
Function of receiving application to amend or end an agreement |
S 178A(1) |
Director City Design and Liveability Manager Planning and Building Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Town Planning Coordinator Urban Transformation Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Subdivision Officer Senior Town Planner Senior Town Planning Support Officer Strategic Planner Subdivision Planner Town Planner Town Planning Administration Town Planning Support |
Must notify owner and applicant as to whether proposal is agreed to in principle (section 178A(3), (4))
Must give notice of the proposal to all parties to the agreement and other persons who may be detrimentally affected by decision to amend or end (section 178C(2))
May also give notice of the proposal in accordance with section 178C(4)
May require the person who applies to amend or end an agreement to pay the costs of giving notices and preparing the amended agreement (section 178H) |
|
Power to propose to amend or end an agreement |
S 178A(5) |
Chief Executive Officer Director City Design and Liveability Manager Planning and Building Manager Roads and Maintenance Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Town Planning Coordinator Urban Transformation Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Town Planner Strategic Planner |
Agreements relating to Development Contribution Plans and Infrastructure Contribution Plans may only be proposed to be amended or ended by the Chief Executive Officer, unless already ratified by Council resolution
Must consider certain matters when considering proposal to amend agreement (section 178B(1))
Must consider certain matters when considering proposal to end agreement (section 178B(2))
Must give notice of the proposal to all parties to the agreement and other persons who may be detrimentally affected by decision to amend or end (section 178C(2))
May also give notice of the proposal in accordance with section 178C(4)
Must not make decision to amend or end agreement until 14 days after notice has been given (section 178E(1))
Manager Roads and Maintenance may only propose to amend or end agreements relating to build over easements |
|
Power to refuse to amend or end the agreement |
S 178E(2)(c) |
Director City Design and Liveability Manager Planning and Building Manager Roads and Maintenance Manager Urban Futures Coordinator Growth Area Coordinator Town Planning Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Urban Transformation Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Town Planner Strategic Planner |
If no objections are made under section 178D
Must consider matters in section 178B
Manager Roads and Maintenance may only refuse to amend or end agreements relating to build over easements |
|
Power to amend or end the agreement in accordance with the proposal or in a manner that is not substantively different from the proposal |
S 178E(2)(a), (b) |
Chief Executive Officer Director City Design and Liveability Manager Planning and Building Manager Roads and Maintenance Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Town Planning Coordinator Urban Transformation Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Strategic Planner |
Agreements relating to Development Contribution Plans and Infrastructure Contribution Plans may only be ended or amended by the Chief Executive Officer, unless already ratified by Council resolution
If no objections are made under section 178D
Must consider matters in section 178B
Must not proceed to amend agreement until at least 21 days after notice has been given or until an application for review to the Tribunal has been determine or withdrawn (section 178F(4))
Manager Roads and Maintenance may only amend or end agreements relating to build over easements |
|
Power to amend or end the agreement in accordance with the proposal, in a manner that is not substantively different from the proposal, or in a manner that is substantively different from the proposal |
S 178E(3)(a), (b), (c) |
Chief Executive Officer Director City Design and Liveability Manager Planning and Building Manager Roads and Maintenance Manager Urban Futures Coordinator Growth Area Coordinator Town Planning Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Urban Transformation Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Town Planner Strategic Planner |
Agreements relating to Development Contribution Plans and Infrastructure Contribution Plans may only be ended or amended by the Chief Executive Officer, unless already ratified by Council resolution
After considering objections, submissions and matters in section 178B
Must give notice of decision (section 178F(1), (2))
Must not proceed to amend agreement until at least 21 days after notice has been given or until an application for review to the Tribunal has been determine or withdrawn (section 178F(4))
Manager Roads and Maintenance may only amend or end agreements relating to build over easements |
|
Power to refuse to amend or end the agreement |
S 178E(3)(d) |
Director City Design and Liveability Manager Planning and Building Manager Roads and Maintenance Manager Urban Futures Coordinator Growth Area Coordinator Town Planning Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Urban Transformation Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Town Planner Strategic Planner |
After considering objections, submissions and matters in section 178B
Must give notice of decision (section 178F(1), (2))
Manager Roads and Maintenance may only refuse to amend or end agreements relating to build over easements |
|
Duty to sign amended agreement and give copy to each other party to the agreement |
S 178G |
Director City Design and Liveability Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Town Planning Coordinator Urban Transformation Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Town Planner Strategic Planner |
|
|
Duty to notify, in writing, each party to the agreement of the ending of the agreement relating to Crown land |
S 178I(3) |
Director City Design and Liveability Manager Urban Futures Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Urban Transformation Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Strategic Planner |
|
|
Duty
to make copies of each agreement |
S 179(2) |
Director City Design and Liveability Manager Planning and Building Manager Urban Futures Coordinator Growth Area Coordinator Town Planning Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Urban Transformation Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Subdivision Officer Senior Town Planner Senior Town Planning Support Officer Strategic Planner Subdivision Planner Town Planner Town Planning Administration Town Planning Support |
|
|
Power or duty to apply to the Registrar of Titles to record the agreement |
S 181(1), (1A) |
Director City Design and Liveability Manager Planning and Building Manager Urban Futures Coordinator Growth Area Coordinator Town Planning Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Urban Transformation Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Subdivision Officer Senior Town Planner Strategic Planner Subdivision Planner Town Planner |
|
|
Power to enforce an agreement |
S 182 |
Director City Design and Liveability Manager City Amenity and Safety Manager Planning and Building Manager Roads and Maintenance Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Town Planning Coordinator Urban Transformation Team Leader Planning Investigations Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Strategic Planner |
Manager Roads and Maintenance may only enforce agreements relating to build over easements |
|
Duty to tell the Registrar of Titles of ending/amendment of agreement |
S 183 |
Director City Design and Liveability Manager Planning and Building Manager Urban Futures Coordinator Growth Area Coordinator Town Planning Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Urban Transformation Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Subdivision Officer Senior Town Planner Strategic Planner Subdivision Planner Town Planner |
|
|
Power to decide to amend or end an agreement at any time after an application for review of the failure of Council to make a decision |
S 184F(1) |
Chief Executive Officer Director City Design and Liveability Manager Planning and Building Manager Roads and Maintenance Manager Urban Futures Coordinator Growth Area Coordinator Town Planning Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Urban Transformation Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Town Planner Strategic Planner |
Agreements relating to Development Contribution Plans and Infrastructure Contribution Plans may only be ended or amended by the Chief Executive Officer, unless already ratified by Council resolution
Must not amend or end the agreement or give notice of the decision after an application is made to VCAT for review of a failure to amend or end an agreement (section 184F(2))
Must inform principal registrar if Council decides to amend or end an agreement after an application is made for the review of its failure to end or amend the agreement (section 184F(3))
Principal registrar may advise that the agreement may be amended or ended in accordance with Council’s decision (section 184F(5))
Manager Roads and Maintenance may only amend or end agreements relating to build over easements |
|
Duty to comply with a direction of the Tribunal or give notice as directed by the Tribunal |
S 184G(2), (3) |
Director City Design and Liveability Manager Planning and Building Manager Urban Futures Coordinator Growth Area Coordinator Town Planning Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Urban Transformation Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Subdivision Officer Senior Town Planner Strategic Planner Subdivision Planner Town Planner |
|
|
Function of receiving application for planning certificate |
S 198(1) |
Director City Design and Liveability Manager Planning and Building Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Town Planning Coordinator Urban Transformation Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Subdivision Officer Strategic Planner Subdivision Planner Town Planner Town Planning Administration Town Planning Support |
Must provide planning certificate to applicant without delay (section 199(1)) |
|
Function of receiving application for declaration of underlying zoning |
S 201(1) |
Director City Design and Liveability Manager Planning and Building Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Town Planning Coordinator Urban Transformation Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Subdivision Officer Senior Town Planner Senior Town Planning Support Officer Strategic Planner Subdivision Planner Town Planner Town Planning Administration Town Planning Support |
Declaration must be made within the prescribed time, or applicant may refer the matter to the Minister (section 201(3)) |
|
Function of providing the Victoria Planning Authority with information relating to any land within the municipal district |
S 201UAB(1) |
Director City Design and Liveability Manager Planning and Building Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Town Planning Coordinator Urban Transformation Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Strategic Planner Senior Subdivision Officer Senior Town Planning Support Officer Senior Town Planner Strategic Planner Subdivision Planner Town Planner Town Planning Administration Town Planning Support |
Information requested must be provided as soon as possible (section 201UAB(2)) |
|
Power to decide, in relation to any planning scheme or permit, to: · Decide that a specified thing has or has not been done to the satisfaction of Council · Consent or refuse to consent to any matter which requires the consent or approval of Council |
|
Director City Design and Liveability Manager Climate Futures Office Manager Planning and Building
Manager Urban Futures Coordinator Coast and Water Coordinator Engineering Development Coordinator Growth Area Coordinator Landscape Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Town Planning Coordinator Urban Transformation Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Development Engineer Senior Landscape Architect Senior Strategic Planner Senior Subdivision Officer Senior Town Planner Senior Town Planning Support Officer Strategic Planner Subdivision Planner Town Planner |
Extends only to the operational responsibility of the delegate |
|
Power, in accordance with a provision of a planning scheme or condition in a permit, to: · Approve any plan or any amendment to a plan or other document · Give written authorisation |
|
Director City Design and Liveability Manager Climate Futures Office Manager Planning and Building Manager Urban Futures Coordinator Coast and Water Coordinator Engineering Development Coordinator Growth Area Coordinator Landscape Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Town Planning Coordinator Urban Transformation Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner – Projects Principal Strategic Planner Senior Development Engineer Senior Landscape Architect Senior Strategic Planner Senior Subdivision Officer Senior Town Planner Senior Town Planning Support Officer Strategic Planner Subdivision Planner Town Planner |
Written authorisation may be given in accordance with a provision of a planning scheme only
Extends only to the operational responsibility of the delegate |
|
Power, duty or function |
Section |
Delegate/s |
Conditions and limitations |
|
Function of receiving notice from a planning authority of its preparation of: · An amendment to a planning scheme under section 19(1)(c) · A combined application for an amendment to a planning scheme and notice of a permit application under section 96C(1)(c) |
Reg 6, 42 |
Director City Design and Liveability Manager Planning and Building Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Urban Transformation Coordinator Town Planning Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner - Projects Principal Strategic Planner Senior Strategic Planner Senior Subdivision Officer Senior Town Planner Senior Urban Planner Strategic Planner Subdivision Planner Town Planner |
|
|
Power of responsible authority to require a permit applicant to verify information or to amend a permit or any information provided under section 54 of the Act |
Reg 21 |
Director City Design and Liveability Manager Planning and Building Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Urban Transformation Coordinator Town Planning Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner - Projects Principal Strategic Planner Senior Strategic Planner Senior Subdivision Officer Senior Town Planner Senior Urban Planner Strategic Planner Subdivision Planner Town Planner |
Information may be verified by statutory declaration or other satisfactory written confirmation |
|
Duty, where Council is the responsible authority, to make copy of matters and documents considered under section 60(1A)(g) of the Act available for inspection free of charge |
Reg 25(a), (b) |
Director City Design and Liveability Manager Planning and Building Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Urban Transformation Coordinator Town Planning Team Leader Business Planning Administration Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner - Projects Principal Strategic Planner Senior Strategic Planner Senior Subdivision Officer Senior Town Planner Senior Town Planning Support Officer Senior Urban Planner Strategic Planner Subdivision Planner Town Planner Town Planning Administration Town Planning Support |
Where Council is the responsible authority, or in the case of regulation 25(b), where Council is not the responsible authority but the relevant land is within Council’s municipal district |
|
Power, duty or function |
Section |
Delegate/s |
Conditions and limitations |
|
Power to waive or rebate a fee |
Reg 19, 20 |
Director City Design and Liveability Manager Planning and Building Manager Urban Futures Coordinator Growth Area Coordinator Strategic Planning Coordinator Strategic Planning – Development Contributions Coordinator Urban Transformation Coordinator Town Planning Team Leader Growth Area Team Leader Major Projects Team Leader Subdivisions Team Leader Town Planning Principal Planner – Activity Centres Principal Planner - Projects Principal Strategic Planner Senior Strategic Planner Senior Subdivision Officer Senior Town Planner Senior Urban Planner Strategic Planner Subdivision Planner Town Planner |
Must record matters taken into account and which formed the basis of the decision to waive or rebate the fee (regulation 21) |
|
Power, duty or function |
Section |
Delegate/s |
Conditions and limitations |
|
Power to give a renter a notice to vacate rented premises |
S 91ZU(1), 91ZZC(1) |
Manager Climate Futures Office Coordinator Environmental Health |
Where Council is a public statutory authority engaged in the provision of housing (s 91ZU(1), 91ZZE(1))
Where Council is a public statutory authority authorised to acquire land compulsorily for its purposes (s 91ZZC(1)) |
|
Power to publish Council’s criteria for eligibility for the provision of housing |
s 91ZZE(3) |
Coordinator Environmental Health |
Where Council is a public statutory authority engaged in the provision of housing |
|
Function of receiving notice regarding an unregistered rooming house |
S 142D |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
|
|
Duty to enter required information in Rooming House Register for each rooming house in municipal district |
S 142G(1) |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
Certain information must be entered into the Register (section 142G(2))
May amend or revoke an entry in the Register if it is necessary to maintain the accuracy of the entry (section 142I(1)) |
|
Function of receiving written notification |
S 206AZA(2), 207ZE(2) |
Manager Climate Futures Office Coordinator Environmental Health |
|
|
Function of receiving written notification of proposed closure of a caravan park |
S 311A(2), 317ZDA(2) |
Manager Climate Futures Office Coordinator Environmental Health |
|
|
Power to issue notice to caravan park regarding the emergency management plan where it is determined not to comply with the prescribed requirements |
S 518F |
Manager Climate Futures Office Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
|
|
Power to give a compliance notice to a person |
S 522(1) |
Manager Climate Futures Office Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
|
|
Power to authorise an officer to exercise powers in section 526 (either generally or in a particular case) and to issue them with an identity card |
S 525(2), (4) |
Chief Executive Officer |
Note: Authorised officers contained in Council’s Instrument of Appointments and Authorisations
Identity
cards are issued by |
|
Duty to keep record of entry by authorised officer under section 526 |
S 526(5) |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
|
|
Function of receiving report of inspection |
S 526A(3) |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
|
|
Power to authorise a person to institute proceedings (either generally or in a particular case) |
S 527 |
Chief Executive Officer |
Note: Authorised persons contained in Council’s Instrument of Appointments and Authorisations |
|
Power, duty or function |
Regulation |
Delegate/s |
Conditions and limitations |
|
Power to approve any other toilet system |
Sch 4, cl 3(a)(iii) |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
|
|
Power, duty or function |
|
Delegate/s |
Conditions and limitations |
|
Power to enter into a written agreement with a caravan park owner |
Reg 7 |
Manager Climate Futures Office Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
|
|
Duty to grant or renew the registration if satisfied the caravan park complies with these regulations |
Reg 12(1), (2) |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
Application must have been received under regulation 10 or 11
Must grant or renew registration if satisfied that the caravan park complies with these regulations (regulation 12(1), (2))
May refuse the registration if not satisfied the caravan park complies with these regulations (regulation 12(1), (2)). Environmental Health Officer does not have the power to make this refusal
Must have regard to certain matters in determining the application (regulation 12(3))
Must issue a certificate of registration upon granting or renewing registration (regulation 12(4), (5))
|
|
Duty to transfer registration to new caravan park owner |
Reg 15(1) |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
When notice of transfer of ownership received (regulation 14(1))
Delegate may determine where notice of transfer is displayed (regulation 14(3))
Must issue a certificate of transfer of registration (regulation 15 (2))
Delegate may determine where certificate of transfer of registration is displayed (regulation 15(3)) |
|
Power to determine the fee to accompany applications for registration or applications for renewal of registration |
Reg 16(1) |
Manager Climate Futures Office Coordinator Environmental Health |
Fees set as part of the budget process |
|
Duty to keep register of caravan parks |
Reg 17 |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
|
|
Power to determine where the emergency contact person’s details and certain information are displayed |
Reg 18(4), (6) |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
|
|
Duty, upon request of caravan park owner, to notify of relevant emergency services agencies for the caravan park |
Reg 22(1) |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
|
|
Duty to consult with relevant emergency services agencies and relevant floodplain management authority and to have regard to any report of the relevant fire authority |
Reg 22(2), 25(3), 26 |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
|
|
Power to determine places in which caravan park owner must display a copy of emergency procedures and emergency warnings |
Reg 23, 24 |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
|
|
Power to approve a system for the collection, removal and disposal of sewage and waste water from a moveable dwelling |
Reg 28(c) |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
|
|
Function of receiving notice of proposal to install an unregistrable movable dwelling or rigid annexe and installation certificates |
Reg 40, 41(4) |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
May require notice of proposed installation of unregistrable moveable dwelling or rigid annexure (regulation 40(b)) |
|
Power to approve use of a non-habitable structure as a dwelling or part of a dwelling |
Reg 43 |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
|
|
Power to approve the removal of wheels and axles from unregistrable movable dwelling |
Sch 3, cl 4(3) |
Coordinator Environmental Health Senior Environmental Health Officer Environmental Health Officer |
|
Road Management Act 2004, Road Management (General) Regulations 2016 and Road Management (Works and Infrastructure) Regulations 2015
|
Power, duty or function |
Section |
Delegate/s |
Conditions and limitations |
|
Power to declare a road by publishing a notice in the Government Gazette |
S 11(1) |
Director City Design and Liveability Director City Operations Manager City Transport Manager Roads and Maintenance |
Council must have made prior resolution to declare road
Must: · Obtain consent in accordance with section 11(2) (where required) · Inform Secretary to Department of Environment, Land, Water and Planning (Secretary) of declaration (section 11(10)) |
|
Power to name a road or change the name of a road by publishing notice in the Government Gazette |
S 11(8) |
Director City Operations Executive Manager Corporate Affairs Manager Roads and Maintenance Coordinator Governance
|
Council must have made prior resolution to name or rename road
Delegates must: · Act in accordance with the guidelines under the Geographic Place Names Act 1998 and advise Registrar of action taken (section 11(9)) · Inform Secretary of new or changed road name (section 11(10)) |
|
Duty,
where Council is the coordinating road authority, to inform the Secretary or
nominated person of a road discontinued by |
S 11(10A) |
Director City Operations Manager Roads and Maintenance |
|
|
Power, where Council is the coordinating road authority, to discontinue a road or part of a road |
S 12 |
Director City Design and Liveability Director City Operations Manager City Transport Manager Roads and Maintenance
|
Council must have made prior resolution to discontinue road or part thereof
Must: · Inform Secretary of discontinuance (section 11(10A)) · Meet all of the public notice and submission requirements under section 12(4)-(10), unless section 12(11) applies |
|
Power, where Council is the coordinating road authority, to fix a boundary of a road by publishing notice in Government Gazette |
S 13(1) |
Director City Design and Liveability Director City Operations Manager City Transport Manager Roads and Maintenance
|
Must obtain the relevant approvals or consents under section 13(3) and (4) prior |
|
Power,
where |
S 14(7) |
Director City Design and Liveability Director City Operations Manager City Transport Manager Roads and Maintenance |
Appeal must be made within 21 days of being notified of the decision |
|
Power to enter into arrangements with: · Another road authority, utility or a provider of public transport to transfer a road management function of the road authority to the other road authority, utility or provider of public transport; and · A utility to transfer a road management function of the utility to the road authority |
S 15(1), 15(1A), 16(7) |
Director City Operations Manager Roads and Maintenance |
Details of the arrangement and/or determination must be included in Council’s register of public roads (sections 15(2), 16(8)) |
|
Power, where Council is the coordinating road authority, to decide that a road is reasonably required for general public use, or that it is no longer reasonably required for general public use |
S 17(3), (4) |
Director City Operations Manager City Transport Manager Planning and Building Manager Roads and Maintenance |
|
|
Duty to keep register of public roads in respect of which Council is the coordinating road authority |
S 17(2), 19(1) |
Director City Operations Manager Roads and Maintenance |
Register must: · Include roads required for general public use (section 17(3)) · Remove roads no longer reasonably required for general public use (section 17(4)) · Record designations of ancillary areas (section 18(3)) · Specify details of discontinuance (section 19(4)) · Be available for public inspection (section 19(5)) |
|
Power to designate an area of land as ancillary to a public road |
S 18(1) |
Director City Design and Liveability Director City Operations Manager City Transport Manager Roads and Maintenance |
Must obtain consent in accordance with section 18(2) (where required) |
|
Power to correspond with the Minister or relevant Ministers in order to: · Reply to a request for information or advice required for the purposes of administering the Act; and · Comment on a proposed direction |
S 21, 22(2) |
Director City Design and Liveability Director City Operations Manager City Transport Manager Roads and Maintenance
|
A copy or summary of any direction made by the Minister must be published in the annual report, and effect given to that direction (section 22(4) and (5)) |
|
Duty to inspect, maintain and repair a public road |
S 40(1) |
Director City Operations
Manager Roads and Maintenance Coordinator Asset Rehabilitation Coordinator Roads Municipal Emergency
|
|
|
Power to inspect, maintain and repair a road which is not a public road |
S 40(5) |
Director City Operations
Manager Roads and Maintenance Coordinator Asset Rehabilitation Coordinator Roads Municipal Emergency
|
|
|
Power to determine the standard of construction, inspection, maintenance and repair roadways, pathways, road infrastructure and road related infrastructure |
S 41(1) |
Director City Operations Manager Roads and Maintenance |
|
|
Power, where Council is the coordinating road authority, to declare a public road as a controlled access road, and amend or revoke such a declaration |
S 42(1), (2)
|
Director City Operations Manager City Transport Manager Roads and Maintenance |
Declaration must be published in Government Gazette (schedule 2, clause 5) |
|
Duty,
where Council is the coordinating road authority, to consult with |
S 42A(3) |
Director City Operations Manager City Transport Manager Roads and Maintenance |
Where the road is a municipal road or part thereof |
|
Power, where Council is the coordinating road authority, to approve Minister’s decision to specify a road as a specified freight road |
S 42A(4) |
Director City Operations Manager City Transport Manager Roads and Maintenance |
Where the road is a municipal road or part thereof |
|
Duty, where Council is the responsible road authority, infrastructure manager or works manager, to notify the owner or occupier of land on which rail infrastructure or rolling stock is located and any relevant provider of public transport of the intended exercise of the power or the performance of the duty |
S 48EA |
Director City Operations Manager Roads and Maintenance |
Where the exercise of the power or performance of the duty will threaten, or is likely to threaten, the safety of the rail infrastructure or rolling stock |
|
Function of consulting with the relevant bodies and authorities for the purposes of developing guidelines relating to bus stopping points and bus stop infrastructure |
S 48M(3) |
Manager City Transport Coordinator Traffic and Transport Coordinator Transport Planning Team Leader Traffic Engineering |
|
|
Power to develop, publish, amend and review a road management plan |
S 49, 54(6) |
Director City Operations Manager Roads and Maintenance |
Plan must be adopted by Council
When developing, publishing and amending, must: · Give notice of the proposal to make a plan (section 54(2)) · Incorporate any amendments into the plan (section 54(7)) · Publish notice of the plan in the Government Gazette and newspaper (section 55(1)) · Publish notice of the amendment of any document in the plan in the Government Gazette (section 53(2)) · Give notice of amendment relating to the standard of construction, inspection, maintenance or repair under section 41 of the Act (regulation 10) · Publish notice of amendments to the plan (regulation 13(1)) · Record on the plan the substance and date of effect of amendment (regulation 13(3))
Reviews are to be conducted at prescribed intervals (section 54(5), regulation 8(1)), and must: · Produce and make available a written report of the review (regulation 9(2)) · Give notice where a review has been completed and no amendments will be made, or there are no amendments requiring notice (regulation 9(3)) |
|
Power to determine standards by incorporating the standards in a road management plan |
S 51 |
Director City Operations Manager Roads and Maintenance Coordinator Asset Management |
Plan must be adopted by Council
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Power, where Council is the coordinating road authority, to consent to works being conducted in, on, under or over a road |
S 63(1) |
Director City Operations Manager Roads and Maintenance Coordinator Asset Management |
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Power, where Council is the infrastructure manager, to conduct, or authorise the conduct of works in, on, under or over a road in an emergency |
S 63(2)(e) |
Director City Operations
Manager Roads and Maintenance Coordinator Asset Rehabilitation Coordinator Roads Municipal Emergency
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Must notify the relevant coordinating road authority of works that have been completed within 7 days of completion (schedule 7, clause 13) |
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Power, where Council is the coordinating road authority, to consent to a: (a) structure, device or hoarding for the exhibition of an advertisement or place any advertisement for exhibition on or over a road; or (b) bill on or over a road or on a pole, bus shelter, traffic sign, tree or other object or infrastructure on a road reserve; and can request, in writing, the name and address of the person responsible for distributing the sign or bill or for placing a sign or bill on or over a road or on a pole, bus shelter, traffic sign or other object or infrastructure on a road reserve |
S 66(1), 67, 68 |
Director City Operations Manager Project Management Office Manager Roads and Maintenance Coordinator Asset Rehabilitation Coordinator Project Management Services |
May charge a fee for application for consent which does not exceed the prescribed amount (regulation 23(4))
Manager Project Management Office and Coordinator Project Management Services to only exercise this power in respect of project signage |
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Power to appoint an authorised officer for the purposes of this Act and issue the authorised officer with an identity card |
S 71(3), 72 |
Chief Executive Officer |
Complaints regarding the exercise of a power by an authorised officer will be investigated and the complainant provided a written report about the results of the investigation (section 87) |
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Function of receiving reports from authorised officers where they have exercised a power of entry under this Act, and maintaining a register of these entries |
S 85, 86 |
Director City Operations Manager Roads and Maintenance |
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Power to recover damages in court from a person responsible for causing the traffic or weight to pass along the road |
S 112(2) |
Director City Operations Manager Roads and Maintenance Coordinator Asset Rehabilitation Prosecutions Support Officer |
Prosecutions Support Officer only has the power to undertake the administrative function of recovering damages as part of the prosecution process |
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Power to cause or carry out an inspection of public road or infrastructure |
S 116 |
Director City Operations Manager City Transport Manager Roads and Maintenance Coordinator Traffic and Transport Coordinator Transport Planning Team Leader Traffic Engineering |
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Function,
where Council is the responsible road authority, of consulting with |
S 119(2) |
Director City Design and Liveability Director City Operations Manager City Transport Manager Roads and Maintenance Coordinator Asset Rehabilitation Coordinator Traffic and Transport Coordinator Transport Planning |
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Power to exercise road management functions on an arterial road for the purposes of facilitating road safety and traffic management in relation to access to or from the arterial road |
S 120(1) |
Director City Operations Manager City Transport Manager Roads and Maintenance Coordinator Asset Rehabilitation Coordinator Traffic and Transport Coordinator Transport Planning |
Consent
of |
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Power to enter into an agreement with the owner or occupier of land adjacent to a road or the developer of nearby land or any other person for the performance of works on a road which may benefit that person |
S 121(1) |
Director City Operations Manager Project Management Office Manager Roads and Maintenance
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Power to charge and recover reasonable fees for: (a) considering an application for an approval, permit or consent; (b) carrying out an inspection in connection with an application for an approval, permit or consent; (c) issuing an approval, permit or consent; (d) issuing a certificate |
S 122(1) |
Director City Operations Manager Roads and Maintenance |
Amount of a fee must not exceed the amount prescribed or determined in accordance with the regulations |
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Power to charge for any service provided under this Act |
S 123(1) |
Director City Operations Manager Roads and Maintenance |
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Power to make a decision in respect of a controlled access road |
Sch 2, cl 2(1) |
Director City Operations Manager Roads and Maintenance |
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Duty to make policy about controlled access roads; and power to amend, revoke or substitute that policy |
Sch 2, cl 3(1), (2) |
Director City Operations Manager Roads and Maintenance |
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Duty, where Council is the infrastructure manager or works manager, to give notice to relevant coordinating road authority of proposed installation of non-road infrastructure or related works on a reserve |
Sch 7, cl 7(1) |
Director City Operations Manager Roads and Maintenance |
Where installation necessary due to emergency, coordinating road authority to be notified about the installation as soon as is reasonably possible |
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Duty, where Council is the infrastructure manager or works manager, to give notice to any other infrastructure manager or works manager responsible for any non-road infrastructure in the area that could be affected by any proposed installation of infrastructure or related works on a road or road reserve of any road |
Sch 7, cl 8(1) |
Director City Operations
Manager Roads and Maintenance Coordinator Asset Rehabilitation Coordinator Roads Municipal Emergency
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Where installation necessary due to emergency, coordinating road authority to be notified about the installation as soon as is reasonably possible |
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Duty, where Council is the infrastructure manager or works manager, to: · Comply with request for information from a coordinating road authority, an infrastructure manager or a works manager responsible for existing or proposed infrastructure in relation to the location of any non-road infrastructure and technical advice or assistances in conduct of works · Give information to another infrastructure manager or works manager where Council becomes aware that any infrastructure or works are not in the location shown on records, appear to be in an unsafe condition or appear to need maintenance |
Sch 7, cl 9(1), (2) |
Director City Operations Manager Project Management Office Manager Roads and Maintenance Coordinator Asset Rehabilitation Coordinator Project Management Services
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Duty, where Council is the infrastructure manager or works manager, to conduct appropriate consultation with persons likely to be significantly affected by a proposal to install non-road infrastructure or conduct related works |
Sch 7, cl 10 |
Director City Operations Manager Project Management Office Manager Roads and Maintenance Coordinator Asset Rehabilitation Coordinator Project Management Services |
Persons likely to be significantly affected include occupiers or owners of property near the road, or a class of road users or another section of the public
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Power, where Council is the coordinating road authority, to: · Direct the infrastructure manager or works manager to conduct reinstatement works · Take measures to ensure reinstatement works are completed · Recover costs reasonably incurred when taking measures to ensure the reinstatement works are completed |
Sch 7, cl 12(2) –(5) |
Director City Operations Manager Roads and Maintenance Coordinator Asset Rehabilitation |
Must ensure reinstatement works are conducted by an appropriately qualified person |
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Duty, where Council is the works manager, to notify relevant coordinating road authority within 7 days that works have been completed |
Sch 7, cl 13(1) |
Director City Operations Manager Roads and Maintenance Coordinator Asset Rehabilitation |
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Power, where Council is the coordinating road authority, to vary the notice period in which works manager must notify council as to the works that have been completed |
Sch 7, cl 13(2) |
Director City Operations Manager Roads and Maintenance Coordinator Asset Rehabilitation |
May exempt a person from giving notice of the completion of the works (Road Management (Works and Infrastructure) Regulations 2015 regulation 15) |
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Power, where Council is the coordinating road authority, to consent or refuse consent to proposed works on a road, after consulting with the infrastructure manager and responsible road authority |
Sch 7, cl 16 |
Director City Operations Manager Roads and Maintenance Coordinator Asset Rehabilitation |
May set reasonable conditions on the consent (schedule 7, clauses (6) and (8))
May waive the whole or part of any fee for consent applications where it is considered that the application and any certificates, endorsements or other documents accompanying the application are sufficient confirmation that preparatory arrangements have been made for the works (Road Management (Works and Infrastructure) Regulations 2015 regulation 22(2))
If consent is refused, must provide applicant with written reasons for refusal (schedule 7, clause 17(2)) |
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Power, where Council is the coordinating road authority, to: · Enter into agreement with a road authority, infrastructure manager or works manager in respect of proposed works on roads; · Give notice to a road authority, infrastructure manager or works manager that authorised or conducted the works requiring rectification works to be conducted within a reasonable period specified in the notice; · Conduct the rectification works, or engage a person to conduct the rectification work on Council’s behalf and recover costs reasonably incurred in doing so, where the road authority, infrastructure manager or works manager fails to comply with a notice given |
Sch 7, cl 18(1) Sch 7, cl 19(1)-(3) |
Director City Operations Manager Roads and Maintenance Coordinator Asset Rehabilitation |
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Power, where Council is the coordinating road authority, to require removal, relocation, replacement or upgrade of existing non-road infrastructure for the purpose of improving the safety or efficient operation of a road |
Sch 7, cl 20(1) |
Director City Operations
Manager Roads and Maintenance Coordinator Asset Rehabilitation Coordinator Roads Municipal Emergency
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Power, where Council is the responsible road authority or the coordinating road authority, to cause street lights to be installed on roads |
Sch 7A, cl 2 |
Director City Operations Manager Roads and Maintenance Coordinator Asset Rehabilitation |
Where Council is the coordinating road authority, may only cause street lights to be installed to the extent and in a manner considered appropriate, having regard to road management functions
Where Council is the responsible road authority, must pay the costs of installation and operation of the street lighting (schedule 7A, clause 3(1)(d)-(f)) |
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Power, where Council is the coordinating road authority, to issue a permit to allow interference with road |
Reg 16(3) |
Director City Operations Manager Roads and Maintenance Coordinator Asset Rehabilitation |
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Power, where Council is the coordinating road authority, to provide consent for a person to: (a) drive on a road a vehicle which is likely to cause damage to the road; or (b) drag or push over the surface of a road, any object or implement which is likely to cause damage to the road |
Reg 18(1) |
Director City Operations
Manager Roads and Maintenance Coordinator Asset Rehabilitation Coordinator Roads Municipal Emergency
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Power, where Council is the coordinating road authority, to make a submission to VCAT in relation to a decision to refuse consent under section 66(1) |
Reg 23(3) |
Director City Operations Manager Roads and Maintenance |
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Power, where Council is the coordinating road authority, to: · Remove any object, refuse, rubbish, substance or other materials deposited or left on road; · Sell or dispose of these items; and · Recover in the Magistrates’ Court costs incurred for removing the items from the responsible person |
Reg 25(1), (2), (5) |
Director City Operations Manager City Amenity and Safety Manager Roads and Maintenance Coordinator Asset Rehabilitation Coordinator City Amenity Coordinator Roads Area Leader Animal Management Area Leader Civil and Operations Area Leader Cleansing and Drainage Team Leader Animal Management Team Leader Building and Litter Team Leader Local Laws Team Leader Road Safety Legislative Services Officer |
Must comply with regulation 25(3) prior to selling or disposing of items
Only listed Director and Managers have the power to sell or dispose of these items and recover costs in the Magistrates’ Court |
Administrative
and Miscellaneous
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other reports |
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Council Meeting Tuesday, 30 November 2021 |
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File No:
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Item No: 10.1 Chief Executive Officer - Stephen Wall |
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Internal Arbitration Decision |
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In July 2021 Cr Mia Shaw initiated an application for internal arbitration under Section 143 of the Local Government Act 2020 (the Act) against Cr Robert Szatkowski alleging a breach of the Standards of Conduct outlined in the Councillor Code of Conduct (the Code).
Cr Shaw alleged breaches of clauses 3.1; 3.2; 3.4; 5.4; and 5.7 of the Code.
The matter progressed to an Internal Arbitration process as set out in Section 11 of the Local Government (Governance and Integrity) Regulations 2020 in September 2021, with a Full Hearing held on 22 October 2021 via Microsoft Teams.
On Friday, 19 November 2021, the Arbiter released their decision, making a finding of misconduct against Cr Szatkowski for the breach of the Standards of Conduct set out in clauses 3.1 and 3.4 of the Code and ordering him to make an apology at the Council meeting at which the Arbiter’s decision is tabled and for the apology to be recorded in the Minutes.
Attachments
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1. |
Decision of Internal Arbiter - Wyndham City Council - Cr Shaw and Cr Szatkowski |
Officers’ Declaration of Interests
Under Section 130 of the Local Government Act 2020, officers providing advice to Council must disclose any interests, including the type of interest.
Chief Executive Officer - Stephen Wall
In providing this advice as the CEO, I have no disclosable interests in this report.
Executive Manager Special Projects - Fiona Hando
In providing this advice as the Manager and Author, I have no disclosable interests in this report.
Key Issues
· The Arbiter found that Cr Szatkowski had breached the following clauses of the Code:
3.1: Treatment of others
“A Councillor must, in performing the role of a Councillor, treat other Councillors, members of Council staff, the municipal community and members of the public with dignity, fairness, objectivity, courtesy and respect…”
And
3.4: Councillor must not discredit or mislead Council or public
“In performing the role of a Councillor, a Councillor must not deliberately mislead the Council or the public about any matter related to the performance of their public duties”.
· The Arbiter found no breach against the following clause of the Code:
3.2: Performing the role of a Councillor
“A Councillor must, in performing the role of a Councillor, do everything reasonably necessary to ensure that the Councillor performs the role of a Councillor effectively and responsibly”
· As clauses 5.4 and 5.7 of the Code are not Standards of Conduct as set out in Schedule 1 of the Local Government (Governance and Integrity) Regulations 2020, the Arbiter was unable to make any findings in relation to these two clauses of Council’s Code of Conduct
· The Arbiter ordered Cr Szatkowski to apologise at the Council meeting at which the Arbiter’s decision is tabled and for the apology to be recorded in the Minutes. The parameters for the apology are outlined in the Arbiter’s decision.
Section 147(4) of the Local Government Act 2020 outlines the requirement for a copy of the Arbiter’s decision and statement of reasons to be tabled at the next Council Meeting after receipt
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That in accordance with Section 147 (4) of the Local Government Act 2020, the Arbiter’s decision and statement of reasons on the matter of an application by Cr Mia Shaw, concerning Cr Robert Szatkowski (Attachment 1) is tabled and recorded in the minutes of the meeting.
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CRS Mia Shaw / Josh Gilligan
That in accordance with Section 147 (4) of the Local Government Act 2020, the Arbiter’s decision and statement of reasons on the matter of an application by Cr Mia Shaw, concerning Cr Robert Szatkowski (Attachment 1) is tabled and recorded in the minutes of the meeting.
(CARRIED) |
Cr Szatkowski abstained from the vote on item 10.1.
Cr Robert Szatkowski made a verbal apology to Cr Mia Shaw at the meeting.
Cr Mia Shaw acknowledged the apology from Cr Robert Szatkowski.
1. Background
Section 139 of the Local Government Act 2020 (Act) requires a council to develop and maintain a Councillor Code of Conduct which must include:
· The Standards of Conduct prescribed by the Local Government (Governance and Integrity) Regulations (Regulations) 2020, expected to be observed by Councillors;
· Any provisions prescribed by the Regulations;
· Any provisions addressing any matters prescribed by the Regulations; and
· May include any other matters which Council considers appropriate, other than any other Standards of Conduct.
The Standards of Conduct with which Councillors are required to comply are specified in Schedule 1 of the Regulations.
Failure by a Councillor to comply with the Standards of Conduct constitutes misconduct under the Act, which may be pursued in accordance with the processes set out in the Code.
Sanctions that may be imposed by the Arbiter on a finding of misconduct are set out in Section 147 of the Act.
Council adopted its current Councillor Code of Conduct at the December 2020 Council Meeting.
Under the Code, and under Section 143 of the Act, a Councillor may make an application to the Principal Conduct Registrar, appointed by the State Government, to conduct an Internal Arbitration Process, as set out under Section 11 of the Regulations, if the Councillor feels there has been a breach of the Standards of Conduct.
Section 147 (4) of the Local Government Act 2020 outlines the requirement for a copy of the Arbiter’s decision and statement of reasons to be tabled at the next Council Meeting after receipt.
2. Relevant Law
Section 139 of the Local Government Act 2020 requires a council to develop and maintain a Councillor Code of Conduct.
Council adopted its current Councillor Code of Conduct at the December 2020 Council Meeting.
Under Section 143 of the Local Government Act, a Councillor may make an application for an Internal Arbitration Process.
Section 11 of the Local Government (Governance and Integrity) Regulations 2020 sets out the process for Internal Arbitration.
Section 147 (4) of the Local Government Act 2020 outlines the sanctions that may be imposed by an arbiter on finding of misconduct and the requirement for a copy of the arbiter’s decision and statement of reasons to be tabled at the next Council Meeting after the Council receives the copy of the arbiter’s decision and statement of reasons.
3. Discussion
Application and process conducted
In July 2021, Cr Mia Shaw initiated an application for internal arbitration under Section 143 of the Local Government Act 2020 (the Act) against Cr Robert Szatkowski alleging a breach of the Standards of Conduct outlined in the Councillor Code of Conduct (the Code).
Cr Shaw alleged breaches of clauses 3.1; 3.2; 3.4; 5.4; and 5.7 of the Code.
Those clauses are outlined below:
3.1: Treatment of others
“A Councillor must, in performing the role of a Councillor, treat other Councillors, members of Council staff, the municipal community and members of the public with dignity, fairness, objectivity, courtesy and respect, including by ensuring that the Councillor:
· takes positive action to eliminate discrimination, sexual harassment and
victimisation in accordance with the Equal Opportunity Act 2010;
· supports Council in fulfilling its obligation to achieve and promote gender
equality;
· does not engage in abusive, obscene or threatening behaviour in their
- dealings with members of the public, Council staff and Councillors; and…
- in considering the diversity of interests and needs of the municipal
community, treats all persons with respect and has due regard for their
opinions, beliefs, rights and responsibilities.
3.2: Performing the role of a Councillor
“A Councillor must, in performing the role of a Councillor, do everything reasonably necessary to ensure that the Councillor performs the role of a Councillor effectively and responsibly”
3.4: Councillor must not discredit or mislead Council or public
“In performing the role of a Councillor, a Councillor must not deliberately mislead the Council or the public about any matter related to the performance of their public duties”.
5.4: External communications
5.7: Council decision making
A Directions Hearing was held via Microsoft Teams on Monday 6 September 2021. In attendance were the arbiter, Council’s Councillor Conduct Officer and Cr Shaw and Cr Maynard. The matter progressed to a Full Hearing to allow the parties to make further submissions. The Full Hearing took place via Microsoft Teams on Friday 22 October 2021 and was attended by the same parties as the Directions Hearing.
Findings
On Friday 19 November 2021, the Arbiter released their Finding, making a finding of misconduct against Cr Szatkowski for the breach of the Standards of Conduct set out in clauses 3.1 and 3.4 of the Code and ordering him to make an apology at the Council meeting at which the decision is tabled and for the apology to be recorded in the Minutes. The parameters for the apology are outlined in the Arbiter’s decision.
4. Wyndham 2040 Community Vision
Leadership
and Participation:
In tabling this report, Council is ensuring transparency in decision making.
5. Council Plan
8.7 Ensure risks and legal processes are identified and managed effectively to achieve organisational priorities and strategic objectives
6. Other Council Strategies, Plans and Policies
The process followed in relation to this matter is consistent with the requirements for Internal Arbitration as specified by the Code of Conduct.
7. Financial Viability
Under Section 152 of the Local Government Act 2020, Council is required to pay the fees associated with Internal Arbitration. The Principal Councillor Conduct Registrar has set the arbiter fees at $954 a day. The total cost to Council for this process, including the fees of the independent arbiter and transcription service was approximately $3,400.
8. Sustainability Implications
Not applicable.
9. Options
Not applicable.
10. Community Engagement
Not applicable.
11. Communication Strategy
Not applicable.
12. Innovation and Continuous Improvement
Not applicable.
13. Collaboration
Not applicable.
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ATTACHMENT No: 1 - Decision of Internal Arbiter - Wyndham City Council - Cr Shaw and Cr Szatkowski |
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Item No: 10.1 |
COUNCILLOR’S REPORTS Council Meeting
Tuesday 30 November 2021
NIL
12. CONFIDENTIAL BUSINESS
NIL
13. CLOSE OF MEETING
The meeting was declared closed at 9.04pm.
[1] ‘Council’ for the purpose of this document refers to the group of democratically elected councillors of a municipal council.
[2] ‘Wyndham City Council’
for the purpose of this document refers to the municipal council as an
organisation.
[3] Any content deemed confidential will be reported to a Confidential Council meeting, if required.
[4] External audit information is presented in the finance section of the agenda to enable it to be read in context with the financial statements.
