2024 – 2025 Draft Annual Budget & Draft Council Plan Year 3 Action Plan

Phase One Community Consultation Report

6 | P a g e

Within the current priorities, Community Voice Panel members

emphasised the following:

Plant more trees and bushes.

Enhance natural habitats and increase shade

Advocate for greater tree coverage

Encourage residents to plant greenery in their strips for

biodiversity and aesthetics

Enforce standards for nature strips to enhance greenery

Create greener, welcoming and accessible streets.

would like to see an increase

in ‘

greener streets

’

and natural habitats. They also saw an opportunity

to encourage community participation in tree planting and gardening.

Within the current priorities, Community Voice Panel members

emphasised the following:

Invest in community batteries for cheaper electricity and capacity.

Promote renewable energy accessibility for community.

Advocate for economic incentives for heat-friendly building materials.

Encourage permeable concrete (if concrete is required)

Integrate climate requirements into planning applications.

Restore waterways, remediate contaminated land, and preserve industrial paddocks.

Explore cooling garden initiatives & expand tree canopy to reduce heat effects.

Establish heatwave shelters for people during extreme temperatures.

Land use planning to protect green spaces and increase tree coverage.

Consider options to address the rabbit problem

Continued advocacy for environmental initiatives in the West.

Conduct community education about pollution, conservation, and heat

friendly building materials.

Provide simple, detailed guides for conservation and recycling.

Establish community food gardens and smaller tree parks.

Improve access to recycling centres, especially for garden waste

Develop planting guides for native strips and a list of plants to attract insects and animals.

Introduce cat curfews to address community concerns.

Encourage volunteering for environmental restoration efforts.

Support the rehabilitation of creeks, planting, and indigenous information in parks.

Use wood for shared paths

instead of concrete.

Increase proactive waste

removal and adopt sustainable

practices

Protect grasslands and habitat

Create more partnerships to

develop solar initiatives

Last financial year, Council:

Conducted four community conservation restoration (planting) days along the Maribyrnong River, Taylors Creek and

Kororoit Creek.

Offered a multitude of climate change initiatives, including the Seedlings in Schools program, benefiting 35 schools

and early learning centres.

Last financial year, Council:

Rolled out the planting of street trees in Kings Park, Deer Park and St Albans and approximately 20,000 tube stock

plants.

Continued the Nature Places program to highlight importance of remnant grasslands at Bon Thomas Reserve.

Increased the promotion of Food Organics and Garden Organics collection service to increase voluntary uptake to

greater than current 59%.

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Attachment 12.1.4

2024 – 2025 Draft Annual Budget & Draft Council Plan Year 3 Action Plan

Phase One Community Consultation Report

7 | P a g e

Some Community Voice Panel members spoke of their

interest in ‘

space

activation’

to improve

public realm and provided the following ideas:

Explore activation strategies for vacant businesses, such as art installations and pop-up

events.

Repurpose unused spaces like the old Sunshine Tech for community gardens or

recreational areas.

Evaluate existing initiatives to see if further developments or improvements can be made.

Council conducted a range of visitor-economy-related activities including:

Supporting the Western Melbourne Tourism Board initiative 'Namaste Westside Project', which

was awarded $190,000 from the State Government's Visitor Servicing Fund

Appointing a new Senior Economic Development Officer

–

Tourism

Council is delivering the 2023/2024 Enjoy Local Activation Program with 21 activations across the

suburbs of Keilor, Keilor Park, Albion, Deer Park, Delahey, St Albans, Sunshine West, Sunshine North,

St Albans Town Centre and the Sunshine Town Centre

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Attachment 12.1.4

2024 – 2025 Draft Annual Budget & Draft Council Plan Year 3 Action Plan

Phase One Community Consultation Report

8 | P a g e

Section 4 collates input from the Community Voice Panel, Youth Focus Group, a meeting with

BATSICC, a meeting with Council’s Disability Advisory Group and a pop

-up session with older

adults. Respondents were invited to comment on the current priorities (listed) and to provide

other ideas and thoughts on new priorities.

Employment and Education

Within the current priorities, Community Voice Panel

members emphasised the following:

Provide practical job experiences (e.g., "Youth Shed")

Showcase employment opportunities via job expos

Encourage business development coaching programs

Offer volunteering opportunities targeted to youth.

Lobby to mitigate challenges hindering youth employment.

Support local businesses through social procurement and

sustainable employment initiatives.

Encourage innovation, collaboration between businesses

and educational institutions.

Advocate for workplace readiness programs for a range of

groups - returning to workforce, people with disability,

women who have raised children, First Nations people and

non-English speakers.

Promote digital literacy programs for specific groups (e.g.,

older people).

Promote lifelong learning opportunities and tailored literacy

programs.

Lobby for better educational infrastructure and community

spaces for learning.

Foster intergenerational knowledge transfer in programming

where possible.

Promote diversity in internships.

Foster leadership development

through programs and events.

Offer career counselling, youth-led

tutoring workshops, skill-building

programs and access to digital

devices for education.

Support business development start

ups to create job opportunities.

suggested more multi

language books in libraries and the

delivery of targeted multi-language

programs for young children.

respondents would like to

see

business development support for

First Nations businesses, including

mentorship for start-ups.

Create opportunity for people with

disability to work in council, including

apprenticeships and volunteering; set

targets to drive action.

Increase opportunity for students to

access a portal where they can learn

more about roles in council such as in

Customer Service, depot.

Lead by example

–

e.g. BAWC has a

swim teacher with autism to teach

students who have autism.

Implement Hidden Disabilities

Sunflower scheme in council e.g.

Customer Service.

Council offered practical workplace experiences to young people

through a structured Placement Program, including opportunities for

entry level employment in Neighbourhood Houses and introductions

to local business and employer networks. This included an accredited

hospitality course combining café operations with safe food handling,

workplace health and safety and responsible service of alcohol.

Council also piloted the LinkedIRL youth professional networking

program and delivered a ‘white card’ micro

-credential course.

Council officers implemented a range of strategies to promote

Brimbank as a business location and facilitate development to deliver

investment and economic uplift.

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Attachment 12.1.4

2024 – 2025 Draft Annual Budget & Draft Council Plan Year 3 Action Plan

Phase One Community Consultation Report

9 | P a g e

•

Promote Brimbank as an employment hub to attract businesses and offer pre-opening

promotion support.

•

Provide small business support, especially for small online businesses.

•

Encourage local hiring and offer incentives for businesses to invest in the area.

•

Engage in activities like mystery picnics to promote and uncover local businesses.

•

Explore alternatives to individual business support, like free markets and online directories.

•

Implement creative approaches like business networking nights to aid local businesses.

•

Establish a community bike shed and repair café inspired by successful models elsewhere

•

Position Brimbank as an appealing living

destination.

•

Develop Brimbank as a distinct tourism

destination by identifying unique offerings or

niche products e.g. promote local natural

attractions like the Organ Pipes.

In the last financial year, Council:

Facilitated business development programs attracting more than 350 attendees.

Delivered the Jobs Victoria Advocates program across Brimbank Libraries, schools, shopping

centres, markets and community centres, engaging with over 300 job seekers.

Installed footpath, bin and door decals promoting Council

’

s

‘

Think.Shop.Buy

’

Local campaign in

18 locations across Brimbank.

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Attachment 12.1.4

2024 – 2025 Draft Annual Budget & Draft Council Plan Year 3 Action Plan

Phase One Community Consultation Report

10 | P a g e

A small number of respondents also made suggestions that best align with the Strategic Direction

of Leadership and Governance.

Increase promotions to raise youth awareness and participation in local government and

communities.

Provide information on how council

’s

work aligns with state and federal government

actions. Provide transparency in Council budgeting and spending.

The Brimbank Youth Council program aims to encourage young people to become community

leaders; offering opportunities to meet with Councillors, develop skills, build networks and gain

experience.

Whole-of-council advocacy was very successful, securing over $300 million in government

investments for our community. Council recently designed and delivered a refreshed Advocacy Plan

2023- 2025, which sets out Brimbank

’

s key advocacy priorities including:

Transforming Brimbank

Mental health

Road infrastructure

Climate emergency

Addressing unemployment

Housing and homelessness

Melbourne Airport Third Runway

Gambling harm

Major parks

Libraries

Council adheres to a Public Transparency Policy which align to the Local Government Act 2020.

https://www.brimbank.vic.gov.au/about-council/how-we-work/policies-plans-and-strategies/policies/public

transparency-policy

Council adopts an Annual Report each year at an open council meeting. The Annual Report is sent to

the Minister for Local Government and includes a Report of Operations, as well as audited Financial

Statements and Performance Statement. https://www.brimbank.vic.gov.au/about-council/how-we

work/annual-reports

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Attachment 12.1.4

2024 – 2025 Draft Annual Budget & Draft Council Plan Year 3 Action Plan

Phase One Community Consultation Report

11 | P a g e

This report consolidates the outcomes of the first phase of community engagement, which took

place in November and December 2023.

Findings will inform the development of the draft Annual Budget and Council Plan Action Plan

2024-2025.

Phase two community consultation will take place in April

–

May 2024 and community members

will be invited to provide feedback on the draft documents.

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Attachment 12.1.4

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12.2

Governance Report April 2024

12.2

Governance Report April 2024

Directorate

People, Partnerships and Performance

Director

Georgie Hill

Manager

Danny Bilaver

Attachment(s)

1. Record of Informal Meeting of Councillors [

12.2.1

- 7

pages]

2. Delegates and Representatives Report [

12.2.2

- 1 page]

3. Minutes of Audit and Risk Committee - 24 February 2024

[

12.2.3

- 8 pages]

4. ARC Biannual Activity Report - February 2024 [

12.2.4

-

5 pages]

5. Draft S5 Instrument of Delegation to the Chief Executive

Officer - April 2024 [

12.2.5

- 4 pages]

Purpose

For Council to consider:



A summary of recent Governance activity.



Contracts entered into, and works orders approved in accordance with the S7

Instrument of Sub Delegation.



Councillor Declarations of Representations by Members of Parliament.



Audit and Risk Committee Minutes of 24 February 2024.



Biannual ARC Activity Report 2023-2024.



Review of Instrument of Delegation from Council the Chief Executive Officer (S5

Instrument).



Brimbank Economic and Employment Advisory Committee (BEEAC).



Interim Land Subject to Inundation Overlay - Flora Street Keilor.

Council Recommendation

That Council:

a. Notes the:

i. Governance Report April 2024.

ii. Contracts entered into, and works orders approved, in accordance

with S7 Instrument of Sub Delegation (24/3464).

iii. Records of Informal Meetings of Councillors, at Attachment 1 to

this report, for incorporation in the minutes of this meeting.

iv. Delegate’s and Representative’s Reports, at Attachment 2 to this

report, for incorporation in the minutes of this meeting.

v. Councillor Declarations of Representations by Members of

Parliament.

vi. Minutes of Audit and Risk Committee Meeting No. 137 held on 24

February 2024, at Attachment 3 to this report.

vii. Biannual ARC Activity Report 2023-2024, at Attachment 4 to this

report.

b. In the exercise of the power conferred by section 11(1)(b) of the

, resolves that:

i. There be delegated to the person holding the position, or acting

in or performing the duties, of Chief Executive Officer the powers,

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duties and functions set out in the S5 Instrument of Delegation,

at Attachment 5 to this report, subject to the conditions and

limitations specified in that Instrument.

ii. The Instrument comes into force immediately upon this

resolution being made and is to be signed by the Council’s Chief

Executive Officer and the Mayor.

iii. On the coming into force of the Instrument the previous S5

Instrument of delegation to the Chief Executive Officer is

revoked.

iv. Despite the revocation of the S5 Instrument any Addendum made

under any previous S5 Instruments continues in force until

revoked in accordance with the terms of the Addendum.

v. The duties and functions set out in the Instrument must be

performed, and the powers set out in the instruments must be

executed, in accordance with any guidelines or policies of Council

that it may from time to time adopt.

c. In relation to the Brimbank Economic and Employment Advisory

Committee (BEEAC):

i. Endorses changes to the Brimbank Economic and Employment

Advisory Committee Terms of Reference that replace section 3c)

Membership with “Ten to twelve Brimbank-based local business

owners, operators or managers from key sectors including

Manufacturing; Construction; Retail Trade; Accommodation and

Food Services; Education and Training (including Employment

Services); Transport, Postal and Warehousing; Professional,

Scientific and Technical Services; Health Care and Social

Assistance; and the Visitor Economy”.

ii. Notes that the Brimbank Economic and Employment Advisory

Committee Selection Panel have appointed twelve members to

the BEEAC, as outlined in this report.

d. Writes Melbourne Water advising that Council supports in principle the

proposal for Melbourne Water to request the Minister for Planning to

apply interim planning controls designating the Land Subject to

Inundation Overlay (LSIO) in Flora Street, Keilor, noting that third party

appeal rights will remain for property owners when Melbourne Water

progress the permanent LSIO.

Background

The monthly governance report is a standing report to Council, in accordance with best

practice and good governance principles, and to ensure compliance with the

requirements of the

Councillor Code of Conduct

2021 (Code), and Councillor Support (Major) Policy 2020.

Matters for Consideration

Exercise of Delegated Authority

Council delegates powers, duties and functions to the Chief Executive Officer in order to

support efficient operation and delivery of Council services. The Chief Executive Officer

has sub-delegated some authority to Directors (and other Council officers). Significant

decisions made, or actions undertaken exercising delegated authority, are reported to

Council as a transparency and accountability measure.

The Chief Executive Officer has been delegated authority by Council to award contracts

up to $1,000,000 (inclusive of GST) through an Instrument of Delegation made on 18

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October 2022 (S5 Instrument of Delegation to the Chief Executive Officer). The Chief

Executive Officer has sub-delegated authority to Directors to award contracts up to

$200,000 (inclusive of GST) through an Instrument of Delegation made on 12 December

2023 (S7 Instrument of Sub-Delegation by the Chief Executive Officer).

Contracts entered into, and works orders approved, in accordance with S7

Instrument of Sub-Delegation

Contracts entered into, and works orders approved, under delegation since reporting to

the last Council Meeting are:

Contract

No.

Description

Successful

Tenderer

Contract

Amount

(inc GST)

Date Awarded

24/3464 Selwyn Tennis Court

Reconstruction –

Design Consultancy

Services

2MH Consulting $87,265.50 6 March 2024

Records of Informal Meetings of Councillors

An Informal Meeting of Councillors includes meetings that are:



Scheduled or planned for the purpose of discussing the business of Council or

briefing Councillors,



Attended by at least one member of Council staff, and



Not Council meetings, Delegated Committee meetings or Community Asset

Committee meetings.

Written records of Informal Meetings of Councillors are kept and include the names of all

Councillors and Council officers attending, the matters considered, any conflict of interest

disclosures made, and whether a Councillor who has disclosed a conflict of interest

leaves the meeting.

These records, as soon as practicable, will be reported at a Council Meeting, and

incorporated in the minutes of that Council Meeting.

Records of Informal Meetings of Councillors

(Attachment 1)

were received for the

following meetings:

Date

Event

9 April 2024

Council Meeting Briefing

25 March 2024

Social Justice Coalition

22 March 2024

Brimbank Economic and Employment Advisory Committee

Delegate’s and Representative’s Reports

The participation on a range of local, specific issues, committees established by Council,

peak body/sector associations, and local and regional forums, is an essential part of the

representative role Council plays. Council nominates Councillors as delegates and

representatives to these committees annually.

The role, as the Council delegate or Council representative on these committees, is to

represent the position of Council, and report back to Council at a Council Meeting on the

issues or progress of the committees, and any recommendations made by the

committees.

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Delegate’s and Representative’s Reports

(Attachment 2)

were received for the

following meetings:

Date

Event

Councillor/s

22 March 2024

Brimbank Economic and

Employment Advisory Committee

Cr Tachos

Councillor Declarations of Representations by Members of Parliament

Councillors have a legitimate role in advocating on behalf of their communities. At times,

this may include the receiving of representations by a Member of State or Federal

Parliament, to Council or Councillors. Councillors will declare and record any

representations made to a Councillor by a Member of Parliament or their staff

representative.

Councillor Declaration of Representations by Members of Parliament was received for the

following meetings.

Date

Councillor

Member of

Parliament

Matter Discussed

8 April 2024

Cr Rasic

David Ettershank Calder Freeway

Melbourne Airport Rail

Sunshine Station Masterplan

Albion Station

Vietnamese Museum

Mental Health

Greening the West

Better Buses

Housing and Homelessness

Melbourne Airport Third Runway

8 April 2024

Cr Kerr

David Ettershank Calder Freeway

Melbourne Airport Rail

Mental Health

Greening the West

Better Buses

Housing and Homelessness

Melbourne Airport Third Runway

Audit and Risk Committee

Minutes of the Audit and Risk Committee (ARC) meeting held 23 February 2024, is

presented to Council for noting at

Attachment 3

.

Biannual ARC Activity Report 2023-2024

The Audit and Risk Committee (ARC) Chair prepared a draft biannual report on the ARC

activities and was presented to the ARC to consider during the 24 February 2024.

The report covers ARC activity from September 2023 to March 2024. The report meets

the reporting requirements to Council as mandated by the Local Government Act 2020

(LGA) pursuant to section 54(5), and importantly provides Council with a summary of

the matters that the ARC has addressed in the reporting period in discharging its

responsibilities under its Charter.

The final report is presented to Council for noting at

Attachment 4

to this report

.

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Review of Instrument of Delegation from Council the Chief Executive Officer

(S5 Instrument)

The Instrument of Delegation from Council the Chief Executive Officer (CEO) was last

reviewed in October 2022. Since then, a number of operational challenges have arisen

and advice on those identified issues was sought from Maddocks law firm, Council’s

provider of delegation tools and updates.

The Instrument of Delegation has been reviewed and amended to provide further clarity

in the delegation's practical application. The updated Instrument

(Attachment 5)

proposes to allow the CEO to enter into a contract above the CEO threshold, if the

expenditure is in relation to a contract with a utility supplier to Council or an insurer of

Council, or expenditure required under legislation (e.g. WorkCover or fire services

property levy). This broadens the current delegation that allows expenditure in excess of

the CEOs threshold in relation to Public Liability and Professional Indemnity Insurances

only. These contracts and expenditures are generally low risk and to a single or

dominant service provide on the market.

A proposed improvement has been made in relation to where Council has approved a

panel of contractors for a project, that will clarify that the CEO can implement the

approved contract by being able to approve work/purchase orders above financial

delegation limits.

A further improvement has been proposed in relation to contract variations where the

wording “whichever is the greater” has been added as there is a lack of clarity between

the current wording of sub paragraphs 1d(i) and 1d(ii) and to allow greater flexibility to

the CEO. This aligns with the practical application of other instruments of delegation,

namely the CEOs delegation to Council staff.

Finally, benchmarking was undertaken across other metropolitan and large regional

Councils that reveals that financial delegation thresholds for CEOs differ widely from

Council to Council.

Whilst a common financial limit for CEOs is $1,000,000 including GST, several exclude

GST from this amount. There are several metropolitan Councils that have delegation

limits set lower than $1,000,000. However, these Councils are generally considered to

be semi-metropolitan. Six Councils have delegation limits set above $1,000,000 with the

maximum being set at $5,000,000. Two neighbouring Councils have thresholds set

above $2,000,000.

Given the current requirements at Brimbank and the benchmarking against other similar

Council’s, it is proposed that there be an increase to the CEOs financial delegation limit

to $2,000,000 (exl GST) to more accurately reflect the scale of Brimbank’s procurement

activities and will also facilitate a more efficient delivery of the capital works budget.

Brimbank Economic and Employment Advisory Committee (BEEAC)

The formation of the BEEAC was a recommendation of the Brimbank Economic

Development Strategy 2022 - 2027, which was adopted by Council in December 2022,

and is an action in the Together We are Brimbank Council Plan.

Council endorsed the BEEAC Terms of Reference (TOR) in September 2023 and ran a

four-week expression of interest (EOI) process, which closed 27 February 2024. Twenty

two EOIs were received across multiple industry categories.

Council recently appointed Wade Noonan, Deputy Vice-Chancellor, External Relations and

Partnerships at Victoria University as the independent chair to the BEEAC. The BEEAC

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Selection Panel, comprising Wade Noonan, Councillor Papalia, Councillor Tachos and

Kelvin Walsh, recently selected 12 industry representatives from the 22 EOIs received.

The BEEAC TOR provides for ten industry representatives and on this basis a change is

proposed to increase industry members to 12.

The appointed members include:



Zipporah Bryan, PuntHill Apartments, Sunshine



Emma Stott, Overnewton Castle, Keilor



Gazal Kamali, Quest Apartments, Sydenham



Gengiz Soyturk, Djerriwarrh, Brimbank



Kate Peart, OCTEC, Sunshine



Milton Young, Accountant, Sydenham



Trish Gardiner, Watergardens Town Centre (QIC), Sydenham



Xiaofan Ji, Bon Bons, Sunshine



Jonathon Castelino, Wholesaler & Manufacturer, Sunshine



Chad Stokes, Child Care, Sunshine



Pierre Hinton, Visa Print, Derrimut



Andrew Miles, General Laser, Sunshine West.

Officers are working to schedule the inaugural meeting of the BEEAC in the coming

months.

Interim Land Subject to Inundation Overlay - Flora Street Keilor

On 7 December 2023 Melbourne Water wrote to Council advising that it had submitted a

request to the Minister (Minister) for Planning to apply an interim Land Subject to

Inundation Overlay (LSIO) to properties in Flora Street, Keilor, which experienced

flooding in the October 2022 flood event. This is in accordance with the

recommendations of the Independent Panel appointed to review the flood event.

The report of the Maribyrnong River Flood Event Independent Review Panel (August

2023) made fifteen recommendations in relation to matters associated with Melbourne

Water’s functions as a floodplain management authority. Melbourne Water accepted all

15 of the Panel’s recommendations and is now working on implementation.

Melbourne Water has requested the Council to advise if it supports the application of the

interim LSIO it is intended to be a Ministerial amendment without notification and third

party appeal rights.

Brimbank Council endorsed a Submission to the Maribyrnong River Flood Review at its

Council Meeting on 21 March 2023 (2023 Submission), which included among other

matters that Melbourne Water should:



Review flood mapping data within the catchment, with consideration to the type

of flood events anticipated as a result of climate change, and current and future

land use and development.



Once flood mapping has been revised and updated, Melbourne Water should

then undertake a GC Amendment (as the Planning Authority) in consultation

with Brimbank, Hume, Maribyrnong, Melbourne and Moonee Valley City Councils

to ensure a consistent approach to flood mapping is applied along the

Maribyrnong River

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

Revise flood mapping for all major waterways and flood prone areas in

Melbourne’s west, where mapping is not up to date, and then undertake a GC

Amendment.

Melbourne Water has commenced a review of flood mapping within Brimbank and other

councils. The proposed application of the interim LSIO to Flora Street is considered

consistent with Council’s 2023 Submission. Melbourne Water has advised that third party

appeal rights will remain for property owners when they progress the permanent LSIO.

Melbourne Water has also indicated they will write to Flora Street, Keilor, property

owners advising of the proposed interim LSIO. The interim LSIO will identify the

potential for flooding to existing and future property owners. On this basis it is proposed

that Council write a letter providing in principle support, noting that third party appeal

rights will remain for Flora Street property owners.

Community Engagement

Not applicable.

Resource And Risk Implications

Resource requirements can be met within the Annual Budget 2023/2024.

Regulatory:

legal, legislative or regulatory implications including the rights/obligations

of stakeholders

• This report fulfils legislative governance obligations, to provide transparent and

accountable reporting of governance activity.

There are no Community, Environmental, Financial or Safety risks identified.

Legislation/Council Plan/Policy Context

This report supports the Council Plan 2021-2025 strategic direction and objective of:

2. Places and Spaces - Liveable and connected neighbourhoods that support

healthy and sustainable futures - A green place for all

• Liveable and Connected - Inviting and liveable spaces and facilities, connected so

people can get around.

3. Opportunity and Prosperity - A future focused, transforming city where all

have opportunities to learn and earn - A prosperous place for all

• Growing and Transforming - Optimise

4. Leadership and Governance - A high performing organisation that enacts the

vision and decisions of Council through the delivery of quality and innovative

services - A fairer place for all

• High Performing and Accountable - Our workforce strive to enhance services and

liveability for the Brimbank community.

This report complies with the

, Council Plan 2021-2025, S5 Instrument of

Delegation to the Chief Executive Officer, S7 Instrument of Sub-Delegation by the Chief

Executive Officer, Councillor Code of Conduct 2021 and Procurement Policy.

Council officers contributing to the preparation and approval of this report, have no

conflicts of interests to declare.

Page 1 of 3

Record of Informal Meeting

of Councillors

Meeting details

Title:

Council Meeting Briefing

Date:

9 April 2024

Time:

6.00pm to 7.30pm

Location:

Zoom

Councillors in

attendance:

☒

Cr Victoria Borg

☐

Cr Sarah

Branton

☒

Cr Thuy Dang

☒

Cr Sam David JP

☒

Cr Maria

Kerr

☒

Cr Bruce Lancashire

☒

Cr Jasmine Nguyen

☒

Cr Thomas O'Reilly

☒

Cr Jae Papalia,

Deputy Mayor

☒

Cr Ranka Rasic, Mayor

☒

Cr Virginia Tachos

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Attachment 12.2.1

Page 2 of 3

Council Officers in

attendance:

Fiona Blair, Chief Executive Officer

Mark Stoermer, Director Corporate Services

Kelvin

Walsh, Director City Futures

Rose Bruhn, Acting Director Community Wellbeing

Lynley Dumble, Acting Director People, Partnerships and Performance

Tom

Razmovski, Acting Director Infrastructure and City Services

Danny Bilaver, Manager

Governance and Risk

Leanne Deans, Manager City Strategy

Rachel Deans, Manager Customer Experience and Service Innovation

Ashley Fleming, Manager Leisure and Community Services

Sisira Gunasekara, Acting Manager Finance

Justin Burgess, Coordinator Strategic Planning

Liz Chapman, Coordinator Urban Design

Martin Chin, Senior Strategic Planner

Lisa Davis, Manager Parks and Public Realm

Sophie Thompson, Coordinator Strategic Planning

Other attendees:

Penelope Holloway

Name of Council

Officer completing

Record of Informal

Meeting:

Danny Bilaver, Manager Governance and Risk

Issues considered

No. Brief description of issue/agenda item

Name of person(s)

who disclosed a

conflict of interest

Did the person(s)

leave the meeting?

1. Draft Council Plan Annual Action Plan (Year 4) &

Draft Annual Budget (including draft Financial

Plan & draft Capital Works Budget)

Cr Thomas O'Reilly

Cr

Sam David

Yes

2. Governance Report

3. Keilor Sports Club Social Room Extension

4. Brimbank Housing Strategy, Neighbourhood

Character Strategy and Residential Design

Framework

Cr Thomas O'Reilly Yes

5. Submission to Inquiry into the impact and

mitigation of aircraft noise

6. Submission to Inquiry into securing Victoria's

food supply

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Attachment 12.2.1

Page 3 of 3

No. Brief description of issue/agenda item

Name of person(s)

who disclosed a

conflict of interest

Did the person(s)

leave the meeting?

7. Approval of Borrowings

8. Green Gully Reserve Northern Precinct

Enhancement Plan Project Update

9. Proposed Additional Accessible Parking in front

of Brimbank Community & Civic Centre

10. Municipal Maintenance Agreement (Department

of Transport formerly VicRoads)

11. Alfrieda Street Public Realm Draft Master Plan

12. Contract No. 21/2994 - Graffiti Removal and

Inspection Services - Contract Extension

13. Brimbank Housing Strategy, Neighbourhood

Character Strategy and Residential Design

Framework

Forward completed

to Governance within 48 hours of the

meeting for Reporting to Council.

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Attachment 12.2.1

Page 1 of 2

Record of Informal Meeting

of Councillors

Meeting details

Title:

Social Justice Coalition - Strategic Implementation Group

Date:

25 March 2024

Time:

1.00pm to 3.00pm

Location:

Online (via Zoom)

Councillors in

attendance:

☒

Cr Victoria Borg

☐

Cr Sarah

Branton

☐

Cr Thuy Dang

☐

Cr Sam David JP

☐

Cr Maria Kerr

☐

Cr Bruce Lancashire, Mayor

☐

Cr Jasmine Nguyen

☐

Cr Thomas O'Reilly

☐

Cr Jae Papalia

☐

Cr Ranka

Rasic, Deputy Mayor

☐

Cr Virginia Tachos

Council Officers in

attendance:

Glenn Menner, Coordinator Social Policy and Research

Disa Linden-Perlis, Social Policy Officer

Rose

Bruhn, Acting Director CommunityWellbeing

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Attachment 12.2.1

Page 2 of 2

Other attendees:

Nicky Chung - Australian Vietnamese Women's Association

Lisa O'Brien - Melbourne City Mission

Brett Murphy - cohealth

Matt Mudie - Victoria Police

Josie Mitchell - Victorian Department of Education and Training

Karol Josevska – Good Shepherd

Christopher McGann - Breakthru

Lisa O'Brien - Melbourne City

Mission

Doushka Dobson- Melbourne City Mission

Mark Orrill - Department of Families, Fairness and Housing

Trish Heffernan – Djerriwarrh

Dr

Teresa De Fazio - Intersect Global Partners

Name of Council

Officer completing

Record of Informal

Meeting:

Disa Linden-Perlis, Social Policy Officer

Issues considered

No. Brief description of issue/agenda item

Name of person(s)

who disclosed a

conflict of interest

Did the person(s)

leave the meeting?

1. Welcome, Acknowledgement of Country and

Housekeeping

nil

No

2. Introduction to Social Justice, Diversity, Equity

and Inclusion Project

nil

No

3. Member updates and discussion

nil

No

4. Workshop: Maturing Council's Approach to

Social Justice, Diversity, Equity and Inclusion

nil

No

5. Other business

nil

No

6. Next meeting and close

nil

No

Forward completed

to Governance within 48 hours of the

meeting for Reporting to Council.

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Attachment 12.2.1

Page 1 of 2

Record of Informal

Meeting of Councillors

Meeting details

Title:

Brimbank Economic and Employment Advisory Committee Selection Panel

Date:

22 March 2024

Time:

3.00pm – 4pm

Location:

Via Zoom

Councillors in

attendance:

☐

Cr Victoria Borg

☐

Cr Sarah Branton

☐

Cr Thuy Dang

☐

Cr Sam David JP

☐

Cr Maria Kerr

☐

Cr Bruce Lancashire, Mayor

☐

Cr Jasmine Nguyen

☐

Cr Jae Papalia

☐

Cr Thomas O’Reilly

☐

Cr Ranka Rasic, Deputy Mayor

X

Cr Virginia Tachos

Council Officers in

attendance:

Kelvin Walsh, Director City Futures

Leanne Deans, Manager City Strategy

Peter Forbes, Coordinator Economic Development

Other attendees:

Independent Chair x 1

Name of Council

Officer completing

Record of Assembly:

Leanne Deans

Issues considered

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Attachment 12.2.1

Record in accordance with s.80A(1) of the

Page 2 of 2

No. Brief description of issue/agenda item

Name of person(s)

who disclosed a

conflict of interest

Did the person(s)

leave the meeting?

1.

Welcome / Acknowledgement of Country /

Introductions

NIL

N/A

2.

Background

NIL

N/A

3.

Summary of Expressions of Interest

received

Cr Tachos disclosed

she had worked for

one of the

organisations.

No

4.

Other matters in relation to scheduling of

next meeting

NIL

N/A

Forward completed

to Governance within 48 hours of the meeting for

Reporting to Council.

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Attachment 12.2.1

Page 1 of 1

Council Representative

Report

Report details

Representative:

Councillor Virginia Tachos

Committee name:

Brimbank Economic and Employment Advisory Committee – Selection Panel

Meeting date:

22 March 2024

Report author:

Leanne Deans, Manager City Strategy

Report

This meeting involved the consideration and selection of

members to the Brimbank Economic and

Employment Advisory Committee (BEEAC), subject to the further support of one member of the BEEAC

Selection Panel who couldn’t attend and has since provided support.

Recommendation

There were no matters to be presented to Council

for consideration.

Next meeting:

To be determined.

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Attachment 12.2.2

Page 1 of 8

Minutes

Audit and Risk Committee (Committee) Meeting No. 138

24 February 2023

10:30pm - 12:30pm

Brimbank City Council, Level 6, Function Room

Geoff Harry

Mick Jaensch

Jen Johanson

Chief Executive Officer, Fiona Blair

Director People, Partnership and Performance, Georgie Hill

Director Corporate Services, Mark Stoermer

Director City Future, Kelvin Walsh

Director Infrastructure and City Services, Chris Leivers

Director Community Wellbeing, Lynley Dumble

Manager Governance and Risk, Danny Bilaver

Strategic Risk & Assurance Officer, Ryan Goldberg

Manager Finance, Andrew Brae

Group Manager Operations, Tom Razmovski

Business Continuity and Insurance Officer, Rachel Urankar

Janet Dore

Penelope Holloway

Andrew Zavitsanos

–

Partner, Crowe

Nick Walker

–

Partner, HLB Mann Judd

Faye Skilton

–

Senior Manager Audit & Assurance, HLB Mann Judd

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Attachment 12.2.3

Page 2 of 8

Cr Bruce Lancashire

Cr Sam David

Coordinator Risk and Compliance, Adnan Yacoub

Strategic Risk and Assurance Officer, Ryan Goldberg

1. Attendance

The Chair made a statement of acknowledgement of country and

welcomed all attendees and noted apologies.

Introductions were made by Municipal Monitors Janet Dore and

Penelope Holloway, as well as Mark Stoermer.

Due to inquorate status of the meeting, the Committee agreed to

proceed with the meeting and confirm the minutes and actions during

out of session with Councillor members before adopting any resolutions.

NFA

2. Conflicts of Interest

The Chair invited members to declare any matters of interest in any

items in the agenda and any actual or perceived conflicts of interest

arising from changes in private interests since the previous meeting.



Member Johanson advised that she was appointed to the board of

Generation Life Limited.



No out of session matters.

NFA

3. ARC Annual Work Plan

The Chair presented the ARC annual work plan, with discussion

including:



Updates made to the work plan prior to the meeting, e.g. minor

changes including wording and frequency of actions.



Updated plan to be provided at the next ARC Meeting reflecting

further changes requested.



The Chair requested an update on any changes made between

distribution of agenda and the meeting date for future meetings.



Agenda number to be added to column of each meeting for ease of

reference.

The Committee noted the report.

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Attachment 12.2.3

Page 3 of 8

4. Confirmed Minutes of Meeting

No.137

Minutes of Audit and Risk Committee Meeting No. 137 held 24

November 2023 were endorsed by the Committee.

NFA

5. Minutes Actions Status Report

The Chair presented the Actions Status Report.

The Chair asked that Action 1 in the Work Plan on page 17 of the

Agenda (regarding Annual Work Plan review) be updated and closed

out.

The Committee noted the report.

Action 1 (pg.17) in the Work

Plan to be updated and closed

out.

6. CEO Update

Fiona Blair presented the report.



The Chair thanked the CEO for her report.



Ms. Blair highlighted:

o

The good practice guidelines for waste levy and the potential

impact.

o

The River Valley VCAT matter.

o

Green Gully EPA requirements met, but more work is to be

done. The Chair requested that the contaminated land issue

remain on the agenda given the stretch on finances and its

uniqueness to Brimbank.

o

That Council is awaiting further information regarding Airport

matters.



Member Jaensch discussed the application to rate caps and a

variation to the rate caps in the future being sought.

The Committee noted the report.

7. Risk Management

7.1 Risk Management Update

Report (including SRIAG update)

Danny Bilaver presented the report and noted:



A gap in risk maturity identified and that a roadmap was being

developed to increase maturity levels in conjunction with the

upcoming risk management internal audit.



Member Johanson queried if this would give rise to a conflict if a

future internal audit was to be undertaken by Crowe on Risk

Management. Andrew Zavitsanos advised that it may be a potential

conflict of interest but would depend on the final scope of this audit

and Crowe’s level o

f input.



Challenges with

the previous review of Council’s strategic

risks and

the subsequent issues in ensuring all relevant strategic risks are

covered.

Update recommendations on

briefing note as per the Chair

’

s

comments.

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Attachment 12.2.3

Page 4 of 8



The importance of increasing the awareness and input of Councillors

with regard to strategic risks. Member Jaensch expressed greater

comfort with direction of strategic risks.



Member Johanson agreed with member Jaensch and is also happy to

keep original risk report.

The Committee endorsed the following amended recommendation and:

1. Noted the report.

2. Endorsed the intended direction of the revised scope of the planned

risk management internal audit and requested that ARC be provided

with the final version of the scope.

3. Noted and endorsed the direction SRIAG has proposed in relation to

strategic risks and that a further report will be provided at the next

ARC meeting with a draft updated strategic risk register including

controls and treatments.

7.2 Significant Insurance Matters Danny Bilaver presented the report.

Committee Members provided the following:



The Chair commended the comprehensive data provided in the

report.



Member Johanson requested further analysis and officer insights in

relation to the data provided in the report to create added value.



The Chair discussed actions to issues that are arising out of claims

need establishing.



Importance of acting on tree roots and motor vehicle incidents, to

ensure issues are managed, was also noted.

The Committee:

1. Noted the report and the analysis of insurance claim performance

and looks forward to improved reporting.

2. Requested an updated report on actions Council is considering in

mitigating the issues that are arising out of claims.

Report to ARC regarding

mitigating the issues that are

arising out of claims

7.3 Business Continuity

Management Program 23/24

Danny Bilaver presented the report.

Committee Members provided the following observations:



Future reports to include external reports, provided as an

attachment.



BCP is fundamental to support Council in managing risk and

resilience

BCP actions to be developed and

reported at a future ARC

meeting.

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Attachment 12.2.3

Page 5 of 8



An update on actions and the effectiveness of actions (August 2024)

was requested.



Member Jaensch queried the BCP testing

–

Rachel Urankar gave a

summary of the BCP test including the scenarios, outcomes and

feedback provided by JLT.



Consider impact/challenges on external stakeholders

(communications) in future BCP testing.



Noted that it may be worth involving insurers in future BCP testing.

The Committee noted the report.



The Chair observed that with the arrival of Municipal Monitors and

with respect to their published Terms of Reference, it would be

timely to receive an update in relation to risks associated with

governance and safety of senior staff.

Receive an update on risks

relating to governance and

safety of staff.

7.4 Fraud and Awareness Program

Update

Danny Bilaver presented the report.



The Chair provided positive feedback on the work relating to Fraud

Awareness.



Mr Bilaver provided an overview of the online tool for fraud

awareness.



Member Jaensch commented on looking forward to outcomes of self

assessments.



The Chair requested that attachments are listed in briefing report, in

general.

The Committee noted the report.

NFA

8. External Audit

8.1 VAGO Audit Strategy Year

Ending 30 June 2024

Nick Walker presented the report.



Mr Walker outlined Government grants, noting that it has been

added as a key risk due to VAGO interest in consistency across the

sector.



Timetable agreed on with management for audit visits to allow for

meeting financial reporting obligations.



Member Johanson queried the fixed asset register and management

controls around it.

The Committee noted the report.

NFA

9. Internal Control

9.1 Asset Revaluations Report

Andrew Brae presented the report.

Updates to be reported at the

May 2024 ARC Meeting

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Attachment 12.2.3

Page 6 of 8



The Chair asked for a recommendation from this report to be

presented at the next meeting to outline any requirements required

for revaluations.



The Chair asked that any material movements identified will result

in a full revaluation of the asset class.

The Committee noted the report and requested all revaluations

conducted be reported to the Audit and Risk Committee in the May

meeting.

9.2 Asset Depreciation Review Andrew Brae presented the report.



Mr Brae explained the reasoning behind conducting this report

earlier than usual.



The Chair queried the $6 million increase in depreciation reported.



Member Johanson asked that response provided by Mr Brae be put

in writing in future.



The Chair asked for the paper to be redrafted with more facts and

resubmitted for next meeting.

The Committee noted the report and requested an update at the next

Audit and Risk Committee meeting.

Further report with more

information to respond to

Committee’s

queries at the next

ARC meeting for endorsement.

10. External Reporting

–

NIL

10.1 Quarterly Financial Report

Andrew Brae presented the report.



Mr Brae provided an overview of relevant information relating to the

budget.



Member Jaensch queried the updated forecast at the end of March

and asked why accounts receivable dropped compared to the annual

budget. Mr Brae provided a response outlining works in progress.

The Committee noted the report.

NFA

11. Internal Audit

11.1 Internal Audit Program

Progress Report (Crowe)

Andrew Zavitsanos presented the report



Mr Zavitsanos outlined current discussions regarding cyber security

and risk management audits.

The Committee noted the report.

NFA

11.2 Crowe: Curious Eyes Report

(July - September 2023)

Andrew Zavitsanos presented the report



Mr Zavitsanos thanked management for their responses and

discussed asset management in Council.

NFA

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Attachment 12.2.3

Page 7 of 8



The Chair suggested payroll trust value be considered for Council.



Member Johanson asked about the 43% privacy awareness training

not started

–

Danny Bilaver and Georgie Hill responded on work

done to increase privacy training across the organisation.



The Chair commended management on including comments in the

report.

The Committee noted the report.

11.3 Internal Audit

Recommendations Status Report

Danny Bilaver presented the report.



The Chair requested further information in the report regarding

revised target dates and actions in place to meet target dates.



Member Johanson asked for more consistency in language

–

Use on

track/off track rather than progressing.



The Chair advised table 2 is not providing enough information and

needs to include further information regarding late/overdue actions.



The Chair asked Mr Bilaver to evaluate older actions and determine

if they are still relevant.

The Committee noted the report.

NFA

11.4 Contract Management

Internal Audit Report update

–

actions roll out

Mark Stoermer provided a verbal update:



Discussed bank guarantees and mentioned that currently off-track

for deadlines but works have been implemented.



Training initiatives may need to be pushed back due to other

priorities.



Reviewing contract KPIs currently to ensure appropriate and

monitoring is maintained.

The Committee noted the update.

NFA

12. Legislative Governance

12.1 Significant Legal Matters and

Legislative Governance Report

Danny Bilaver presented the report.



Noted the increase in FOI requests that have been received this

quarter.



The Chair queried the policy transformation project and its progress.

Mr. Bilaver gave an update and discussed the new proposed

software for compliance including policy management.



The Chair requested the list of policies have more information.



The Chair asked for an update at each meeting regarding Council

policy list.

Provide quarterly summary

update on Council policy list.

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Attachment 12.2.3

Page 8 of 8



In relation the Councillor expenses, Member Johanson requested

analysis in relation to outliers and the Chair requested totals are

added.

The Committee noted the report.

13. ARC Biannual Activity Report

Update (draft)

The Chair presented the draft report and requested that the report be

updated post meeting and provided to Committee.

The Committee endorsed the report subject to the updates as

discussed.

Report to be updated post

meeting and provided to ARC

Committee out of session.

14. Other Business



Fiona Blair requested Meeting 3 2024 (August-September) to be

moved

–

to be discussed further outside meeting.

Reschedule the August Audit and

Risk Committee Meeting to

accommodate the request.

The Chair closed the meeting at 12:08pm.

Friday 24 May 2024, 10.30am

–

BCCC L6 Function Room

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Attachment 12.2.3

Page

of

Brimbank City Council

Audit and Risk Committee

Audit and Risk Activity Report

February 2024

Item 13 ARC Meeting 138

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Attachment 12.2.4

Page

of

This report covers Audit and Risk Committee (ARC or Committee) activity from September

2023 to March 2024. In that period the Committee has met twice

–

on 24 November 2023,

and 23 February 2024. This report has been reviewed by all Committee members.

This report meets the reporting requirements to Council as mandated by the

(LGA) pursuant to section 54(5) and importantly provides Council

with a summary of the matters that the ARC has addressed in the reporting period in

discharging its responsibilities under its Charter.

The ARC’s Charter was endorsed by ARC at the 1 September 2023 ARC meeting and

adopted by Council at its Ordinary Meeting on 19 September 2023. The revised Charter

became effective on 20 September 2023.

The main changes were aligning the roles and responsibilities with the new organisational

structure and expanding the ARC membership to include an additional Councillor as second

substitute ARC member, and the addition of Conflict of Interest (section 11.1) and the

requirement for independent members to complete Personal Interest Returns every six

months.

The agendas for our meetings are driven by the Committee’s Annual Work Plan (AWP) and

are fulsome. There is always a challenge to complete the agendas for each meeting. At

the meetings held in this reporting period, the key (but not all) matters considered are

summarised in the table below.

Topic

Meeting

24 Nov

2023 23 Feb 2024

1. CEO briefings

Annual Planning and Budget Process and Operation Sandon Reform

✓

Information Management Capability and Information Management

Framework

✓

Closed Sunshine Landfills and Closed Green Gully Landfill

✓

✓

Brimbank Aquatic & Wellness Centre Project and Private Swimming Pool

Safety Barrier Compliance

✓

Climate Emergency Plan

✓

Updated Organisational Structure

✓

Rate cap 2024-2025

✓

Melbourne Airport

–

Major Development Plan, River Valley VCAT matter,

and Landfill Gas

✓

2. Review of proposed revisions to the Risk Management Policy and

Framework

✓

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Attachment 12.2.4

Page

of

Topic

Meeting

24 Nov

2023 23 Feb 2024

3. Update briefing on management of contaminated land sites

✓

4. Review of the periodic (biannual) ICT security report, Cyber Security

Report, Disaster Recovery Plans Test results, and ICT Strategy update

✓

5.

Review of annual briefing on Council’s performance

regarding

compliance with the Gifts, Benefits & Hospitality register

✓

6. Consider the results of the post-implementation review of the 2022/23

capital works program

✓

7. The outcomes of the following scheduled internal audit reviews:

a) Contract Management

✓

b) Depot Operations

✓

8. Review and endorse the Strategic Risk and Internal Audit Group

(SRIAG) Terms of Reference

✓

9. Review of the Internal Audit Contract Service Review

✓

10. Review of progress with implementation of internal audit

recommendations

✓

✓

11. Consideration of the external audit strategy f

4

or the year ending 30 June

2024

✓

12. Monitoring of Overarching Governance Principles Compliance

Statements in key Council policies.

✓

✓

The independent members of the Committee appointed by Council are Geoff Harry (Chair),

Jenny Johanson and Mick Jaensch.

At the 20 February 2024 Council meeting, Councillors Sam David and Bruce Lancashire

were appointed as Council representatives, and Councillors Maria Kerr and Ranka Rasic as

substitute representatives to the Audit and Risk Committee.

ARC meeting attendance by Committee members for the two meetings is summarised

below:

Meetings

Geoff Harry

19/02/2025

Chair

Attended

Attended

Jennifer Johanson

15/12/2024

Member

Attended

Attended

Mick Jaensch

17/04/2026

Member

Attended

Attended

Bruce Lancashire

Nov 2024

Member

Apology

Apology

Sam David

Nov 2024

Member

Attended

Apology

Ranka Rasic

Nov 2024

Member (Substitute)

Apology

Maria Kerr

Nov 2024

Member (Substitute)

Non-Member

The Committee did not have a quorum for its meeting in February 2024 due to Councillor

non-attendance.

Newly appointed municipal monitors Ms Janet Dore and Ms Penelope Holloway attended

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Attachment 12.2.4

Page

of

the February 2024 meeting.

The Committee enjoys a strong and healthy working relationship with Council officers. The

quality of the meeting packs is high, and officers engage strongly and positively both

during and outside meetings. Officer support for the work of the Committee is excellent.

The work of the ARC has continued to be guided by the Annual Workplan (AWP) and all

matters listed in the AWP for the two scheduled meetings held have been addressed. The

AWP is reviewed at the beginning of each meeting to ensure its continued relevance. Key

outcomes of the scheduled meetings are summarised below.

The Committee has considered the review of the current risk management policy and

framework and has accepted the recommendation from officers and endorsed the

policy and framework.

A strategic risk review by officers

is underway with the aim of aligning Council’s risk

registers with council strategic priorities. Officers presented progress reports at the

November 2023 and February 2024 meetings.

The Committee identified governance risks associated with the dysfunctional Council

and the lack of workplace safety for officers resulting from Councillor behavior.

The officers also presented a report to the Committee with a proposal to uplift Council

’s

risk maturity level.

The Committee considered the draft external audit strategy for the audit of the annual

financial report and annual performance statement for the year ending 30 June 2024

at the February 2024 meeting.

As expected, the strategy highlighted that Council will be undertaking valuations of its

property, infrastructure, plant, and equipment assets in the current financial year and

will need to ensure that any related disclosures in the annual financial report are

appropriate.

There were no significant changes in the proposed audit strategy in comparison to the

previous year and the Committee believes that Council is well placed to meet the

challenges of the financial year end close for 30 June 2024.

The Committee received a report on the internal audit review of the adequacy of

policies and procedures related to contract management and depot operations.

The Committee noted that the status of progress regarding completion of open internal

audit recommendations was satisfactory.

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Attachment 12.2.4

Page

of

In addition to business-as-usual matters the Committee will consider the following

important matters at its next meeting:

➢

External audit interim management letter

➢

Strategic Internal audit plan for 2024/25

As indicated earlier in this report, these reports are required to be provided to Council at

least twice per annum. The Committee is of the view that these reports need to be

informative about the business of the Committee and should be provided on a timely basis

to assist Council in discharging its responsibilities in the areas for which the Committee is

responsible. Feedback on this report by Council is welcomed.

The Committee’s meeting schedule for the remainder of

2024 is as follows:

➢

Meeting 139: 24 May 2024

➢

Meeting 140: 29 August 2024, and

➢

Meeting 141: 22 November 2024

If Council wishes to be briefed by the Committee on any matters raised in this report, I

would be delighted to attend as required.

Yours sincerely

Geoff Harry

Chair

On behalf of the Audit & Risk Committee

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Attachment 12.2.4

S5 Instrument of Delegation from Council to the CEO – April 2024

April 2024

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Attachment 12.2.5

S5 Instrument of Delegation from Council to the CEO – April 2024

Instrument of Delegation

In exercise of the power conferred by section 11(1) of the

and all other powers enabling it, Brimbank City Council (Council) delegates to the

member of Council staff holding, acting in or performing the position of Chief Executive

Officer, the powers, duties and functions set out in the Schedule to this Instrument of

Delegation (Instrument),

AND declares that:

1. This Instrument of Delegation is authorised by Resolution of Council passed on 16

April 2024.

2. This delegation:

2.1 comes into force immediately upon this resolution being made and is to be

signed by the Council’s Chief Executive Officer and the Mayor;

2.2 is subject to any conditions and limitations set out in the Schedule to this

Instrument;

2.3 must be exercised in accordance with any guidelines or policies which Council

from time to time adopts; and

2.4 remains in force until Council resolves to vary or revoke it.

3. On the coming into force of this Instrument of Delegation, each delegation under the

Instruments of Delegation dated 18 October 2022 is revoked.

Signed

by the Chief Executive Officer of

Council in the presence of:

………………………………………..

Witness

Date: ……………………………….

) )

Signed

by the Mayor of Council

in the presence of:

………………………………………..

Witness

Date: ………………………………

) )

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Attachment 12.2.5

S5 Instrument of Delegation from Council to the CEO – April 2024

SCHEDULE

The power to:

1. determine any issue;

2. take any action; or

3. do any act or thing arising out of or connected with any duty imposed, or function or

power conferred on Council by or under any Act.

Conditions and Limitations

The delegate must not determine the issue, take the action or do the act or thing

1. If the issue, action, act or thing is an issue, action, act or thing which involves:

a. entering into a contract or making an expenditure on behalf of Council exceeding

the value of $2,000,000 (excl. GST) unless:

(i) that contract or expenditure is one with a utility (such as a

telecommunications carrier or supplier of electricity to Council) or an

insurer (being an insurer underwriting a policy or policies issued to

Council) or is expenditure which Council is, by or under legislation,

required to make (such as WorkCover or fire services property levy) in

which case the expenditure under the contract may exceed $2,000,000

(excl. GST); or

(ii) that contract (or works order or purchase order) or expenditure is in

accordance with an existing contract or expenditure already approved or

awarded by Council, including to a panel of contractors in which case the

expenditure under the contract (or works order or purchase order) may

exceed $2,000,000 (excl. GST).

b. approving a variation to a contract that Council (whether by Resolution or under

delegation) has entered into, if the total value of the proposed variation, when

combined with the total value of all previous variations to the contract, will

exceed any amount specified in a Resolution made by Council or, if no amount

specified:

(i) the financial authority delegated to the Chief Executive Officer in relation

to the awarding of a contract;

(ii) 20 per cent of the original value of the contract as executed;

whichever is greater.

c. submitting applications for grant funding from the State Government or the

Commonwealth Government, unless:

(i) the grant funding does not exceed the Chief Executive Officer’s financial

delegations under this Instrument; or

(ii) where the grant funding exceeds the Chief Executive Officer’s financial

delegations under this Instrument:

a. the Chief Executive Officer determines that the due date for

submitting the application prevents the matter of the application from

being brought to Council for a Council resolution;

b. the Funding Agreement is brought to Council for approval by Council

resolution before being executed, if the application is successful; and

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Attachment 12.2.5

S5 Instrument of Delegation from Council to the CEO – April 2024

c. any contracts entered into, and expenditure made, in fulfilment of

Council’s commitments under the Funding Agreement are brought to

Council for approval by Council resolution, where those contracts and

expenditure exceed the Chief Executive Officer’s financial delegations

under this Instrument;

d. appointing an Acting Chief Executive Officer for a period exceeding 28 days;

e. electing a Mayor or Deputy Mayor;

f. granting a reasonable request for leave under s 35 of

;

g. making any decision in relation to the employment, dismissal or removal of the

Chief Executive Officer;

h. approving or amending the Council Plan;

i. adopting or amending any policy that Council is required to adopt under

;

j. adopting or amending the Governance Rules;

k. appointing the members to a delegated committee;

l. making, amending or revoking a local law;

m. approving of the Budget or Revised Budget;

n. approving the borrowing of money; or

o. subject to section 181H(1)(b) of the

, declaring

general rates, municipal charges, service rates and charges and specified rates

and charges;

2. if the issue, action, act or thing is an issue, action, act or thing which is required by law

to be done by Council resolution;

3. 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 Resolution of

Council;

4. 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. a major policy, as designated under the Governance (Major Policy Consultation)

Local Law No. 3;

b. policy;

c. strategy

adopted by Council;

5. 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, whether on account of section 11(2)(a)-(n)

(inclusive) of the Act or otherwise; or

6. 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.

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Attachment 12.2.5

Brimbank Council Meeting No. 632 16 April 2024

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12.3

Keilor Sports Club Social Room Extension

12.3

Keilor Sports Club Social Room Extension

Directorate

Community Wellbeing

Director

Lynley Dumble

Manager

Ashley Fleming

Attachment(s)

Nil

Purpose

For Council to consider a report in response to a Council Resolution from the Ordinary

Council Meeting No.631 held on 19 March 2024, on the proposed Keilor Sports Club

Social Club Extension project and the proposal to provide an additional $550,000 Council

contribution towards the project.

Officer Recommendation

That Council:

a. Notes this report outlining further consultation with the Keilor Sports

Club and further legal advice on the legal options in relation to the

guarantors for the proposed Keilor Sports Club Social Room extension

since the Council meeting of 26 March 2024;

b. Notes that the advice detailed in the report on the legal options in

relation to the guarantors for the proposed Keilor Sports Club Social

Room extension confirms the significant financial and reputational risk to

Council in entering into Legal Deeds with guarantors;

c. Notes the Keilor Sports Club have invested significant time and effort to

develop the proposal and have secured external funding towards the

project;

d. Notes that despite this, the approach proposed by the Keilor Sports Club

is inconsistent with the approach generally taken to develop Council

assets and is not consistent with the priorities outlined in Council’s

adopted Sports Facility Development Plan.

e. Notes Council have allocated $150,000 in the 23/24 budget for the

upgrade of the Keilor Sports Club kitchen and remains committed to the

upgrade of the kitchen as an identified priority in the Sports Facility

Development Plan;

f. Notes the State Government have made an election commitment in 2022

to allocate $700,000 for the upgrade of the kitchen and toilets at Keilor

Sports Club and, while this funding is committed, a funding agreement is

not yet in place, with the information submitted by the club currently

being assessed by Sport & Recreation Victoria (SRV) to determine

whether it meets SRV requirements and addresses all unresolved

concerns, prior to formal consideration and approval by the Minister.

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g. Notes the proposed expansion of the Keilor Sports Club Social Club, while

expanding the social space and improving the facilities at the Keilor

Sports Club social club rooms, does not align with priority projects within

Council’s adopted Sports Facility Development Plan (SFDP)2023;

h. Notes the club has provided a fixed price quote and signed contract for

the proposed works at a cost of $1,823,080, which replaces the previous

Quantity Surveyors Report from 2023 that estimated the cost at $2.6M.

i. Notes the significant risk to Council if the Keilor Sports Club are unable

to complete the project and that unfinished works to a Council asset may

require Council to fund and complete the works to ensure the safety and

amenity of the site;

j. Notes that with rate capping, a growing asset base, increasing asset

renewal obligation, various competing priorities for funding and broader

ongoing financial challenges facing Council, and an ambitious agenda for

Council to deliver assets that support community participation and

broader wellbeing, investment in infrastructure must be directed into

projects that deliver the greatest value for money and best community

outcome;

k. Acknowledges the previous Council Resolution from June 2023 indicating

in principle support for the additional $550,000 Council contribution

towards the project, however notes

i. the current financial constraints,

ii. the project is not a strategic priority identified in the Sports

Development Plan 2023,

iii. the fact that Council’s capital works program is over-subscribed

with projects that have a demonstrated strategic basis via

endorsed Council strategies and plans,

iv. and the risks involved in proceeding with the project;

l. Resolves not to provide the additional $550,000 for the Keilor Sports

Club proposed expansion of the Social Club rooms.

m. Continues to work with the Keilor Sports Club to deliver the already

committed funded program of upgrades to the kitchen and toilets at

Keilor Sports Club, which is in line with Council’s adopted Sports Facility

Development Plan (SFDP) 2023 and usual process of delivering capital

works projects.

Background

Council’s Sports Facility Development Plan 2023 (SFDP) was recently adopted in October

2023. This Plan outlines how Council allocates funding across all sporting clubs and

facilities. It determines the capital works funding priorities following facility audits and

the application of assessment criteria and weightings.

Through the Sports Facility Development Plan process of assessing and prioritising all

sports facilities for upgrade and renewal, a kitchen and toilet upgrade was identified for

Keilor Sports Club and funding of $150,000 was allocated towards the scope of this

project as part of Council’s budget process.

During the 2022/23 Annual Budget process, the Keilor Sports Club requested Council

funding for the upgrade of the Club’s social rooms. The upgrade of the Social Club is not

identified as a priority project in Council’s adopted Sports Facility Development Plan.

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Increasing sports participation is the priority of the Plan which is why expanded social

club rooms are lower in the order of priority.

As there was not an accurate cost estimate for the works from the club, Council, in the

final 2022/23 Budget, provided $50,000 to the Keilor Sports Club to undertake a detailed

design and cost estimates of their requirements for the upgrade. A funding agreement

with clear project outcomes was developed and signed by the club to manage the

Council funding.

Ahead of the 2022 State Elections, an election commitment of $700,000 was made by

Ben Carroll, State Member for Niddrie towards the upgrade of the kitchen and toilets at

the Keilor Sports Club. This election commitment was successful and in 2023 Sport and

Recreation Victoria (SRV) and Keilor Sports Club developed an agreement to manage the

distribution of this money.

In the 2023/24 Council budget process Keilor Sports Club requested matched funding

from Council of $700,000 for the project. At the June 2023 Council meeting, Council

resolved:

Council officers have met monthly with the Keilor Sports Club and met regularly with

Sport and Recreation Victoria regarding the club's proposal.

At the March 2024 Council meeting a further report was presented to Council addressing

the matters outlined in vi. above. Council resolved:

Matters for Consideration

Analysis

Legal Options in relation to guarantors

As requested by Council, further legal advice was obtained regarding the guarantors,

with it being confirmed that Council can enter into Legal Deeds with individuals. The

options Council has available to it, processes and associated risks include:

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1. In the Funding Agreement with the Keilor Sports Club that outlines the terms on

which Council provides any funds for the proposed works, a section is included

that addresses Council’s relationship with the guarantors by providing that the

club will return or repay any part of the Council funding in the event that the

guarantors fail to provide the club with the funds referenced in the Club Deed.

The process for this option is for a draft Funding Agreement to be developed, reviewed

by the club and once agreed upon signed by both parties. While this agreement could be

developed internally to minimise costs, it is recommended that a legal review be

undertaken at a cost of approximately between $2,000 and $3,500 plus GST depending

on how many rounds of amendments are required during negotiation. One of the main

risks with this option is if the Funding Agreement was the only protection used by

Council to provide security in relation to the guarantor's payments, Council would risk

losing the opportunity to pursue the guarantors directly if they did not provide the funds

and the club cannot cover the costs for the project.

2. Council prepares its own Deed with the guarantors, this document provides that

in circumstances where the construction costs exceed the amount of funds

committed by the club, Council and the State Government, Council requires the

guarantors to pay the difference as outlined in the Deed.

The process for this option is similar to option 1, with the additional process of the

guarantors involved in reviewing the Deed and signing it once finalised. The clauses of

the Deed would determine in what circumstances the guarantors funding would be

provided. Council would be protected the most if the guarantors funding was provided up

front, however the club and guarantors do not support this arrangement. Bank

guarantees could be an alternative arrangement that is more supported by the club and

guarantors. It is estimated that the cost to Council for this option is approximately

$1,500 to $3,000 plus GST depending on the level of involvement of legal assistance and

how many rounds of amendments are required.

3. The Club Deed be amended with Council becoming a party to the Deed and the

inclusion of additional provisions to benefit and protect Council relating to the

guarantors.

The process for this option is more complex than the two options above, as Council

would need to negotiate matters in the existing proposed Deed between the Club and

guarantors. Council would need to be included as a party to the Deed, prepare and

negotiate additional provisions to protect the Council prior to the Deed being finalised

and signed. One of the main risks is that any possible amendments would have to be

agreed to by both the club and guarantors, rather than just one of them. The estimated

cost is approximately $750 to $1,750 plus GST, depending on how many rounds of

amendments are required.

In terms of claiming the guaranteed funds if required, it would involve Council ensuring

that any arrangement it has entered into with the guarantors provides for the

mechanism by which Council requires the funds to be paid – whether that be via bank

guarantee or in cash – and the specific circumstances under which Council would be

entitled to draw down on those funds. The guarantors would have to provide those funds

to Council in accordance with the terms of the arrangement.

The main risks to Council relating to guarantors' involvement in the project would be if

they refuse to pay the committed funds if required for completion of the project. While

Council may have a legal right to pursue funds committed to through the Legal Deed,

there would be significant costs involved and potential reputational risks with pursuing

this funding if not paid as outlined in the Deed. The costs would arise from Council

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asking the Court to order the guarantors to perform their obligations under the Deed by

paying Council the funds due under it.

An estimate of time and cost is difficult, however any proceedings for breach of contract

would likely be lengthy and expensive for Council, costing anywhere from $15,000 to

$150,000 depending on how proceedings unfolded. In terms of time, it could be

anywhere between 3 months to a couple of years, once again depending on how

proceedings unfolded. Another relevant matter for Council to consider is reputational

risk. That is, Council may open itself to criticism if it is seen to be commencing lengthy

and expensive Court proceedings against several individual community members.

If Council decides to progress with the project including the guarantors, council officers

recommend that Council should implement both Options 1 and 2 outlined above with

bank guarantees in place at the start of the project for the committed funds in order to

protect itself as much as possible from the significant risks outlined above.

Further consultation with the club

A meeting took place with the Keilor Sports Club working group on 26 March 2024 to

allow further consultation to be undertaken with the club. The Council report from the

March Council meeting and legal options for guarantors was discussed, with the club

providing the following updates and feedback:



The club is comfortable with all three legal options relating to the guarantors

however do not support and the guarantors will not support the provision of

funds up front and prefer bank guarantees if this matter is included in any of the

three options above.



The Quality Surveyor’s report (QS) is being reviewed with the club expecting a

fixed quote for the project by the first week in May. This will provide an accurate

cost for the project as opposed to the QS which provides an estimate. In

addition, the club pointed out that the QS included Design Contingency and now

with design mostly complete a total of $200,000 can be removed from the QS so

the estimated construction estimate for the QS is $2.4M.



The club doesn’t support a staged approach and if the project reverts back to a

kitchen and toilet upgrade it is highly likely that the club funding and expertise

will not be provided, leaving $850,000 for the project.



The club will be applying for the Building Permit in the next week via their

architect who has advised all conditions have been met. They will then wait for

Council to issue the permit.



The club believe they have the ability to continue to generate funds towards the

project through fundraisers and their members so are confident they will be able

to contribute more funds towards the project.



In response to the desktop OHS Project Management Plan review undertaken by

a consultant on behalf of Council, the club are confident they can meet all

requirements and need to wait for the contract to be signed to provide the

required information.

In relation to the above, it should be noted that if the project reverted back to the scope

on which the confirmed funding was provided (kitchen and toilets upgrade) that

$850,000 would comfortably fund these works, which aligns with the priorities and

commitments in the Sports Facility Development Plan.

Council received further information from the Keilor Sports Club via email on April 9,

which included:



A fixed price quote and signed contract from Insuraplex P/L for a project cost of

$1,823,080.



A letter from Insuraplex P/L that outlined their experience in delivering projects

at all levels of Government

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

A proposed project budget of:

o

$700,000 State Government

o

$700,000 Brimbank City Council

o

$423,000 Keilor Sports Club



In addition to the above the club outlined that the three sports clubs under the

Keilor Sports Club could provide an additional $200,000 in the event of any

unforeseen costs the builder could justifiably claim.



The club has a Deed in place with club members to provide up to $650,000 on a

loan basis but believe, given the costings in the contract, it is highly unlikely the

Deed will need to be drawn on.

The club believes the above provides Council with an opportunity devoid of commercial

risk to upgrade a Council asset in 2024/25 and add circa $2Mto the asset value at a cost

of $700,000. At this point in time a financial check has not been completed on

Insuraplex P/L to confirm they are in a sound financial position to deliver the project

successfully.

It should be noted the additional legal and club consultation information above only

addresses two of several concerns raised by council officers in relation to this project,

with the following information from the March Council Meeting being re-presented to

Council with further officer commentary to ensure all relevant information on this matter

is considered.

Alignment with Council’s Sports Facility Development Plan 2023

The proposed expansion of the Keilor Sports Club Social Club rooms does not align with

projects identified and prioritised above this project listed within Council’s adopted

Sports Facility Development Plan (SFDP) 2023. The SFDP is Council’s strategic plan that

informs Council’s Annual Budget and Long-Term Financial Plan in relation to upgrading

and improving sports facilities throughout Brimbank.

The SFDP, adopted in October 2023, assessed the needs of the community and current

condition of all sports facilities within the municipality to produce a priority order listing

of projects for consideration through Council’s annual budget process. The kitchen

upgrade for this building has been prioritised highly within the SFDP, however the social

room upgrade and related works which would be considered as part of a pavilion

redevelopment project is identified as a low priority within the SFDP and is number 23 on

the list. In order to provide further funding to this project, a reallocation of funding from

a higher priority project within the SFDP would be required in the draft 2024/25 Capital

Works Program which is likely to lead to complaints from the sports clubs negatively

impacted by the decision.

There is no change to the advice above following further consultation with the club.

Available budget

Previously the Keilor Sports Club have advised income of $1.45M is committed to the

project from the following income sources as detailed in Table 1.

Table 1: Income sources

Item

Funding Source

Amount

Towards upgrade of the

kitchen and toilets

Victorian State Government $700,000

Kitchen upgrade

Brimbank City Council

through 2023/24 Council

budget

$150,000

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Total project

Keilor Sports Club and

Melbourne Airport

Sponsorship

$400,000

Total project

Keilor Football & Cricket

Clubs contribution

$200,000

TOTAL

$1.45M

The club have advised that they have access to $650,000 additional funds from club

members and sponsors(guarantors) through repayable loans detailed in a legal Deed. If

these repayable loan funds are included, the above provides a total budget of $2.10M for

the clubs proposed project.

From additional consultation with the club following the March Council meeting the club

on April 9 provided a fixed price quote and signed contract with Insuraplex for the

project cost of $1,823,080. The club are proposing the following budget:

Funding Source

Amount

Victorian State Government

$700,000

Brimbank City Council

$700,000

Keilor Sports Club

$423,000

TOTAL

$1.823M

In addition to the above the three sports clubs under the Keilor Sports Club could

provide an additional $200,000 in the event of any unforeseen costs which the builder

could justifiably claim. The club has a Deed in place with club members to provide up to

$650,000 on a loan basis but believe given the costings in the contract it is highly

unlikely the Deed will need to be drawn on.

The club believe they have the ability to continue to generate funds towards the project

through fundraisers and their members so are confident they will be able to contribute

more funds towards the project if required. While Council Officers believe the club may

be able to generate additional funds, the amount in unknown so there is still a risk for

Council to consider around the available budget.

In relation to the $700,000 election commitment, which is being managed by Sport &

Recreation Victoria (SRV), Council Officers understand the club have submitted

information for consideration which is currently being assessed by SRV. This information

needs to meet all SRV requirements prior to funding being released. SRV requires

evidence of all confirmed funding to deliver a proposed project scope, inclusive of a 10%

contingency, prior to seeking Ministerial approval for a project. The club are awaiting

feedback from SRV on any further information or clarifications in relation to the

information they have provided.

A further consideration for Council is that the additional $550,000 requested for the

Keilor Sports Club Social Room Extension is not in Council’s draft 24/25 Capital Works

Budget as it is not a priority in the Sports Facility Development Plan. As such, if the

decision is made to fund this project, Council will need to remove other sports capital

works projects from 2024/25 to the total of $550,000, which will not be received well by

the sports clubs at facilities that have high priority projects postponed.

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Clarification that the project can be delivered within the available budget.

Previously issues were identified with the 2023 QS of $2.6M including that it did not

include items such as a 10% contingency and price escalation. Discussions with the club

at the March 26 meeting reduce this figure to $2.4M as it included $200,000 for design

contingency, with design now almost complete. At this meeting, the club advised they

expected a fixed cost quote in the first week of May, which would provide the actual cost

for the project.

On April 9, the club emailed Council a fixed priced quote and signing contract for a final

project price of $1,823,080. They also provided the proposed budget for the project,

which included $700,000 from Council. The provision of a fixed price quote and signed

contract that matches the available budget, should Council provide the additional

$550,000, now results in the project being able to be delivered within the available

budget, subject to Council providing the additional funds. The further protection of the

$200,000 available from the sports clubs under Keilor Sports Clubs and up to $650,000

from club guarantors may provide additional protection for Council should the project

face unplanned expenditure while under construction. Should the project face significant

issues there could still be a significant risk to Council of unfinished works to a Council

asset and either the asset being compromised, or Council being required to fund and

complete the works to ensure safety and amenity of the site. There is also high

reputational risk for Council if the project is left incomplete or delivered to a poor

standard.

Procurement

The original advice from Sport and Recreation Victoria (SRV) was that the funding

agreement for the State Government funding of $700,000 had to be with Council,

meaning that Council would need to financially manage and be responsible for the

project which the club proposes to deliver. More recently it has been confirmed by SRV

that the funding agreement for the State Government funding will be directly with the

club.

The club have decided on a builder that has not been subject to a competitive process,

however the builder is required to provide both Council and SRV the appropriate

documentation to adhere to Council’s Town Planning, OHS and ESD requirements as per

the conditions of Council’s Community Facilities Capital Development Major Policy.

Council’s Procurement Policy would require such works at the estimated cost to be

procured through a public tender process. Public tendering enables Council to achieve

value for money and quality in the acquisition of goods, services and works; achieve

compliance with relevant legislative requirements; achieve high standards of probity,

transparency, accountability and risk management; prioritise where practical the

procurement of environmentally responsible, locally sourced and socially responsible

goods and services.

There is no change to the advice above following further consultation with the club.

Project Supervision/ Risk Management Plan

If the project commences, it is proposed that Council would supervise the project

delivery, ensuring that works are completed to the required standard and the funding

agreement hold points are met satisfactorily. Council has supervised sports clubs' works

on smaller-scale constructions like cricket nets or score boards. This is not an approach

Council has undertaken previously on larger scale construction delivered by Clubs due to

the inherent risks.

Should the project proceed Council would be requesting the club develop a risk

management plan which would be required under the funding agreement and to be

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approved by Council officers. In addition, in line with previous club delivered projects on

Council owned land, Council would engage a consultant to perform Site Safety Audits

and desktop OHS Project Management Plan reviews. These reviews would assess the

principal contractors project planning compliance with relevant sections of OHS related

legislation and OHS best practice. Since the March Council Report, the OHS Project

Management Plan review has been undertaken and only identified minor non

conformances identified. The results have been sent to the club, who are confident that

they can meet all requirements and need to wait for the contract to be signed to address

the minor non-conformances.

Final Project Staging

Through the detailed design process the club has confirmed that they would not intend

to stage the project instead delivering the project as a whole. This approach is a

potential risk if the project runs over budget and the social room works cannot be

completed resulting in the building being unavailable until further funding is found to

finish the project. During construction the club would be responsible for ensuring that

club competition can continue throughout the duration of works and have arranged with

the adjacent bowling club to ensure that club operations can continue. The club

confirmed this stance in the follow up consultation outlining that if the project reverts

back to a kitchen and toilet upgrade it is highly likely that the club funding and expertise

will not be provided and there would only be SRV and Council funds ($850,000). This

approach is consistent with other capital works projects and how Council usually delivers

capital works projects.

Proposed legal agreement with the Club

Should the project proceed as proposed by the Club, the SRV funding agreement will be

directly with the club which eliminates significant risk to Council including the need to

consider breaching its Procurement Policy, underwrite the project and cover any

additional costs. Subject to Council endorsing the clubs proposal and allocating funding

for the social room redevelopment, Council would enter into a funding agreement with

the club for the allocated $150,000 Council funding, and additional $550,000 if decided

by Council, which outlines Councils financial contribution, Councils relationship with the

guarantors, the key milestones to obtain the funding and hold points to ensure the

project is being completed to the required standards. This agreement would need to be

aligned with the SRV agreement. A further Deed between Council and any club project

guarantors would be required to protect Council further.

Setting of precedent

Proceeding with the funding of a project outside the priority order in the SFDP is likely to

damage Council’s reputation with sporting clubs in applying its adopted strategic

approach to improving and delivering sports facilities in Brimbank, and could encourage

other sports clubs to appeal to Council to go against adopted strategy.

Options A (Recommended)

Council does not proceed with allocating $550,000 for the expansion of the Keilor Sports

Club social club rooms. This is on the basis that Council’s in principle support at the June

2023 Ordinary Council Meeting was subject to a number of considerations which have not

been able to be satisfied through further detailed investigations. Council continues to

work with the Keilor Sports Club to plan the delivery of the currently funded upgrades to

the kitchen and toilets at Keilor Sports Club.

Option B (Not recommended)

Proceed with allocating $550,000 to the Keilor Sports Club via a funding agreement for

expansion of the social club rooms noting the project is not a priority in the Sports

Facility Development Plan 2023; the project presents significant financial, residual and

reputational risk due to the uncertainty of the accurate costs and budget to deliver the

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project and the unorthodox approach of the Club managing the construction project and

being outside Council’s Procurement Policy. Noting officers would need to budget in the

order $550,000 for this work in 2024/25 and this would require an amendment to the

draft 2024/25 Capital Works Program at the expense of other projects currently listed in

the draft 2024/25 Capital Works Program. If this option is preferred it is recommended

that additional protections to Council should be obtained through bank guarantees with

guarantors.

Community Engagement

As a Council facility, Council would play a role with the Club in continuing community

engagement on matters related to the facility. Additionally, if the decision is made by

Council to provide the funding of $550,000, then ongoing engagement with other local

sports clubs will be necessary in terms of their expectations on Council delivering on the

priorities of the Sports Facility Development Plan 2023.

Resource And Risk Implications

Council has committed $150,000 to date. If Council decides to commit to an additional

$550,000 funding this would require an amendment to the draft 2024/25 Capital Works

Program at the expense of other projects currently listed in the draft 2024/25 Capital

Works Program.

Community:

potential impact on community, including public trust and customer

service impact

• Yes - The risk to Council and the community is the club proceeds with building and

does not have sufficient funds to deliver the project resulting in the loss of the asset until

the club has the funds to complete the job. The club have various strategies in place to

minimise this risk. Alternatively, through the club and others funding the majority of the

project, the community will benefit from enhanced facilities at a reduced cost to Council.

Financial:

significant financial impacts

• Yes – While financial risks to Council exist with this club proposed project, Council is

protected through the SRV funding agreement being directly with the club, the club

being fully responsible for any cost overruns and the club's advice that should $700,000

be provided from Council they will not seek any further Council contributions.

Regulatory:

legal, legislative or regulatory implications including the rights/obligations

of stakeholders

• Yes – All Regulatory implications will be managed by the club as outlined in the

proposed funding agreement with Council.

Safety

: health, safety or duty of care impacts

• Yes - The safety impacts will be managed by the club and their appointed builder,

overseen by Council and reviewed by qualified consultants appointed by Council.

There are no Environmental risks.

Legislation/Council Plan/Policy Context

This report supports the Council Plan 2021-2025 strategic direction and objective of:

2. Places and Spaces - Liveable and connected neighbourhoods that support

healthy and sustainable futures - A green place for all

• Liveable and Connected - Inviting and liveable spaces and facilities, connected so

people can get around

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3. Opportunity and Prosperity - A future focused, transforming city where all

have opportunities to learn and earn - A prosperous place for all

• Growing and Transforming - Optimise community opportunities through infrastructure

innovation and investment.

This report complies with Council Plan 2021 -2025.

Council officers contributing to the preparation and approval of this report, have no

conflicts of interests to declare.

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12.4

Planning Activity Update And Delegate Decisions And Planning Scheme Amendments Update - March 2024

12.4

Planning Activity Update and Delegate Decisions and

Planning Scheme Amendments Update - March 2024

Directorate

City Futures

Director

Kelvin Walsh

Manager

Kristen Gilbert and Leanne Deans

Attachment(s)

1. Delegated Planning Permit Decisions - March 2024

[

12.4.1

- 21 pages]

2. Graphical Representation of the Data from the Last Three

Years [

12.4.2

- 3 pages]

3. Planning Scheme Amendment Status Summary - March

2024 [

12.4.3

- 4 pages]

Purpose

To report to Council on:



The status of planning permit applications and trends in planning approvals in

Brimbank



Decisions made under delegated authority in March 2024 regarding planning

permit applications and other matters



The status of current Planning Scheme Amendments at 31 March 2024.

Officer Recommendation

That Council:

a. Notes the Planning Activity Update and Delegate Decisions – March 2024

report, and Delegated Planning Permit Decisions, at Attachment 1 to this

report.

b. Notes the Planning Scheme Amendment Summary – March 2024, at

Attachment 3, and that this relates to amendments where Council has

resolved to request authorisation from the Minister for Planning to

prepare and exhibit an amendment or has requested that the Minister

prepare an amendment under section 20(4) of the

.

Background

Council is a Responsible Authority under the

(the

Act). In this role, Council administers the Brimbank Planning Scheme (Planning Scheme)

and, among other things, determines planning permit applications made for the use and

development of the land in the municipality. Certain planning permit applications, and

other matters, are determined by Council officers under the delegated authority of

Council.

The statistics presented do not represent all development activity in the municipality.

Many types of use and development do not require a planning permit and may take

place without being recorded as part of the planning approvals data. In addition, some

planning permits are not acted on, or there may be a delay between when the approval

is granted and when works take place.

Council is a Planning Authority for the Planning Scheme and undertakes amendments to

the Planning Scheme when authorised by the Minister for Planning (Minister), or in

accordance with section 8A(7) of the Act. Council undertakes amendments for a range of

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reasons including to enhance or implement the strategic vision, to implement local

policy, to correct mistakes, to enable or restrict development, and to set aside land for

acquisition for a public purpose or remove such a reservation when it is no longer

required.

The Minister may prepare an amendment or authorise the preparation of an amendment

by another Minister, public authority or municipal council. For the purpose of this report,

the status of Planning Scheme Amendments will only include amendments where Council

is the Planning Authority, and where Council has resolved to request authorisation from

the Minister to prepare and exhibit an amendment or has requested that the Minister

prepare an amendment under section 20(4) of the Act.

Matters for Consideration

25 planning determinations and 22 subdivision determinations were made under

delegated authority in March 2024. 48 new planning permit applications were received in

March 2024. The value of development for these 48 applications is $23.6 million.

A list of the planning applications determined under delegation from Council during

March 2024 is at

Attachment 1.

March 2024 Previous

month

(February

2024)

Monthly

average for

past 12

months

March 2023

Applications

Received

48

46

64

79

Planning

Permit

Approvals

28

54

68

65

Notice of

Decision to

Grant a

Permit

5

4

6

5

Refusal to

Grant a

Planning

Permit

1

2

2

1

Subdivision

Approvals

22

28

23

27

Cost of

development

for new

applications

(millions)

$24.7

$17.3

$43.4

$76.3

One planning appeal was determined by the Victorian Civil and Administrative Tribunal

(VCAT) in this period:



A consent order was reached between the parties for an appeal against non

determination of the application within the prescribed time for the use and

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development of the land for an indoor recreation facility within a Melbourne

Airport Environs Overlay Schedule 1 and erection and display of associated

signage (P407/2022)



An appeal against a delegated decision to refuse to grant a planning permit for

use and development of the land for warehouses and storage in a Land Subject

to Inundation Overlay and removal of native vegetation in an Environmental

Significance Overlay Schedule 6 was successful, with VCAT ordering that a

planning permit be issued (P371/2020 for 275 – 293 St Albans Road, St Albans).

At the end of this period there were five appeals lodged at VCAT that had not yet been

determined. This is six less than at the end of March 2023.

The Planning Scheme Amendment Summary is shown at

Attachment 3

and includes

five Planning Scheme Amendments where Council is the Planning Authority or has

requested the Minister to prepare an amendment under section 20(4) of the Act.

At the Council Meeting held on the 19 March 2024 Council resolved to abandon

Amendment C214brim to the Brimbank Planning Scheme. Amendment C214brim

proposed to introduce the Development Contributions Plan 2022 by updating the

Development Contributions Plan Overlay (Schedule 2) in the Brimbank Planning Scheme.

Three amendments including Amendments C219brim (Heritage Update), C225brim

(Planning Policy Framework) and C227brim (Heritage Overlay Sunshine Silos) are with

the Minister for Planning for either authorisation or approval.

Community Engagement

Not applicable.

Resource And Risk Implications

Resource requirements can be met within the Annual Budget 2023/2024.

There are no Community, Environmental, Financial, Regulatory or Safety risks identified.

Legislation/Council Plan/Policy Context

This report complies with the

,

and the Brimbank Planning Scheme.

Council officers contributing to the preparation and approval of this report, have no

conflicts of interests to declare.

Application

Number

Application

Type

Received

Date

Property

Address

Proposal

Description

Estimated

Cost

S62/2019 Subdivision Certification 09/04/2019

6 Ikara Cl, Kings Park

$0

Subdivision - Residential

2 LOT RESIDENTIAL SUBDIVISION (PS 819889F)

P/N: 1

Neighbourhood Residential Zone (NRZ)

Determination: PSOC (Statement of Compliance)

Determination Date: 01-03-2024

P717/2022 Planning Application

23/12/2022

1 Glencairn Ave, Deer Park

$0

Change of Use and PPAR-Change or extension of use

USE OF THE LAND FOR INDUSTRY (TRAILER MANUFACTURING)

P/N: 1

Industrial 3 Zone (IN3)

Determination: PNOD (Notice of Decision issued by Delegate)

Determination Date: 06-03-2024

S100/2023 Subdivision Certification 19/07/2023

1/13 Doherty St, Deer Park

$0

2/13 Doherty St, Deer Park Subdivision - Residential

2 LOT RESIDENTIAL SUBDIVISION (PS 918510J)

P/N: 1

General Residential Zone (GRZ)

Determination: PSWI (Certification Withdrawn)

Determination Date: 07-03-2024

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Attachment 12.4.1

Application

Number

Application

Type

Received

Date

Property

Address

Proposal

Description

Estimated

Cost

S117/2023 Subdivision Certification 21/08/2023

1/1 Syme St, St Albans

$0

2/1 Syme St, St Albans

3/1 Syme St, St Albans Subdivision - Residential

3 LOT RESIDENTIAL SUBDIVISION (PS 919974H)

P/N: 1

General Residential Zone (GRZ)

Determination: PSOC (Statement of Compliance)

Determination Date: 15-03-2024

P433/2023 Planning Application

17/10/2023

765 Ballarat Rd, Deer Park

$12,000,000

Buildings & Works to Industrial Premise and PPAR-Other buildings & wor

CONSTRUCTION OF WORKS (INSTALLATION OF STORAGE TANKS) ASSOCIATED

WITH EXISTING INDUSTRY

P/N: 1

Industrial 2 Zone (IN2)

Determination: PPI (Permit Issued by Delegate)

Determination Date: 12-03-2024

S156/2023 Subdivision Certification 01/11/2023

915 Ballarat Rd, Deer Park

$0

Subdivision - Residential

2 LOT RESIDENTIAL SUBDIVISION (PS 920664R) OF LAND WITHIN A SPECIAL

BUILDING OVERLAY AND TO LAND ADJACENT TO THE PRINCIPAL ROAD NETWORK.

P/N: 1

General Residential Zone (GRZ)

Determination: PSOC (Statement of Compliance)

Determination Date: 21-03-2024

P9/2024 Planning Application

17/01/2024

40 Poole St, Deer Park

$0

40 Poole St, Deer Park

40 Poole St, Deer Park

2 Hamilton St, Deer Park

4 Hamilton St, Deer Park

6 Hamilton St, Deer Park

Subdivision - Residential and PPAR-Subdivision of land

4 LOT RESIDENTIAL SUBDIVISION (PS 907656Q)

P/N: 1

Residential Growth Zone (RGZ)

Determination: PPI (Permit Issued by Delegate)

Determination Date: 07-03-2024

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Attachment 12.4.1

Application

Number

Application

Type

Received

Date

Property

Address

Proposal

Description

Estimated

Cost

P20/2024v Planning Application

29/01/2024

$9,500

(VicSmart)

29/7 Regan St, St Albans Buildings & Works and PPAR-Other buildings & works (tanks etc)

BUILDINGS AND WORKS (EXTENSION) TO AN EXISTING DWELLING ON A LOT

LESS THAN 300SQM

P/N: 1

General Residential Zone (GRZ)

Determination: PLAP (Planning Application Lapsed)

Determination Date: 12-03-2024

P29/2024 Planning Application

02/02/2024

1/118 Cairnlea Dr, Cairnlea

$0

Change of Use and PPAR-Change or extension of use

USE OF THE LAND FOR RESTRICTED RECREATION FACILITY (FITNESS STUDIO)

P/N: 1

Mixed Use Zone (MUZ)

Determination: PPI (Permit Issued by Delegate)

Determination Date: 20-03-2024

P47/2024v Planning Application

16/02/2024

$0

(VicSmart)

61 Andrew Rd, St Albans Subdivision - Residential and PPAR-Subdivision of land

2 LOT RESIDENTIAL SUBDIVISION (PS 919104Q)

P/N: 1

General Residential Zone (GRZ)

Determination: PLAP (Planning Application Lapsed)

Determination Date: 19-03-2024

S13/2024 Subdivision Certification 16/02/2024

61 Andrew Rd, St Albans

$0

Subdivision - Residential

2 LOT RESIDENTIAL SUBDIVISION (PS 919104Q)

P/N: 1

General Residential Zone (GRZ)

Determination: PREF (Certification Refused)

Determination Date: 19-03-2024

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Attachment 12.4.1

Application

Number

Application

Type

Received

Date

Property

Address

Proposal

Description

Estimated

Cost

P60/2024v Planning Application

28/02/2024

$40,700

(VicSmart)

15/26 Radnor Dr, Deer Park Buildings & Works to Industrial Premise and PPAR-Other buildings & wor

CONSTRUCTION OF A MEZZANINE FLOOR TO AN EXISTING WAREHOUSE

P/N: 1

Industrial 1 Zone (IN1)

Determination: PPI (Permit Issued by Delegate)

Determination Date: 04-03-2024

P65/2024 Planning Application

29/02/2024

5 Pipers Walk, Cairnlea

$7,000

Dwelling Works (including fence) and PPAR-Extend exist dwell or assoc

CONSTRUCTION OF A VERANDAH ON A LOT LESS THAN 300SQM

P/N: 1

Neighbourhood Residential Zone (NRZ)

Determination: PPI (Permit Issued by Delegate)

Determination Date: 07-03-2024

P87/2024v Planning Application

14/03/2024

$10,000

(VicSmart)

29/7 Regan St, St Albans Dwelling Extension and PPAR-Extend exist dwell or assoc struct

BUILDINGS AND WORKS TO AN EXISTING DWELLING ON A LOT LESS THE 300SQM

(SUN ROOM)

P/N: 1

General Residential Zone (GRZ)

Determination: PPI (Permit Issued by Delegate)

Determination Date: 19-03-2024

P657/2020 Planning Application

09/12/2020

45 Holt St, Ardeer

$998,000

Multi Unit Residential Development and PPAR-Multi dwelling and Store a

CONSTRUCTION OF THREE (3) DOUBLE STOREY DWELLINGS; SHOP; OFFICE AND A

REDUCTION IN CAR PARKING REQUIREMENTS

P/N: 1

Commercial 1 Zone (C1Z)

Determination: PNOD (Notice of Decision issued by Delegate)

Determination Date: 20-03-2024

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Attachment 12.4.1

Application

Number

Application

Type

Received

Date

Property

Address

Proposal

Description

Estimated

Cost

S53/2022 Subdivision Certification 21/04/2022

42 Esmond St, Ardeer

$0

1/42 Esmond St, Ardeer

2/42 Esmond St, Ardeer

3/42 Esmond St, Ardeer

4/42 Esmond St, Ardeer

42 Esmond St, Ardeer

Subdivision - Residential

4 LOT RESIDENTIAL SUBDIVISION (PS 901780W)

P/N: 1

General Residential Zone (GRZ)

Determination: PSOC (Statement of Compliance)

Determination Date: 26-03-2024

P385/2022 Planning Application

18/07/2022

457A Somerville Rd, Brooklyn

$0

Buildings & Works to Industrial Premise and PPAR-Other

USE AND DEVELOPMENT OF THE LAND FOR A STORE (SHIPPING CONTAINER

STORAGE AND VEHICLE STORE) MATERIALS RECYCLING (VEHICLE BODIES AND

PARTS) AND REDUCTION TO THE STANDARD CAR PARKING REQUIREMENT

P/N: 1

Industrial 1 Zone (IN1)

Determination: PPR (Permit Refused by Delegate)

Determination Date: 12-03-2024

S111/2022 Subdivision Certification 20/07/2022

23 Clairmont St, Albion

$0

Subdivision - Residential

4 LOT RESIDENTIAL SUBDIVISION (PS 906276G)

P/N: 1

General Residential Zone (GRZ)

Determination: PSOC (Statement of Compliance)

Determination Date: 04-03-2024

S3/2023 Subdivision Certification 09/01/2023

2A Mineral Tce, Sunshine North

$0

Subdivision - Residential

37 LOT STAGED RESIDENTIAL SUBDIVISION (PS 821131G/S2)

P/N: 1

General Residential Zone (GRZ)

Determination: PCER (Certified)

Determination Date: 01-03-2024

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Attachment 12.4.1

Application

Number

Application

Type

Received

Date

Property

Address

Proposal

Description

Estimated

Cost

S37/2023 Subdivision Certification 07/03/2023

7 Wingan Ct, Sunshine West

$0

7 Wingan Ct, Sunshine West Subdivision - Residential

2 LOT RESIDENTIAL SUBDIVISION (PS 917065J)

P/N: 1

Neighbourhood Residential Zone (NRZ)

Determination: PSOC (Statement of Compliance)

Determination Date: 14-03-2024

P182/2023 Planning Application

24/04/2023

134-140 Fairbairn Rd, Sunshine West

$900,000

Buildings & Works to Industrial Premise and PPAR-One or more new build

BUILDINGS AND WORKS TO AN EXISTING INDUSTRIAL BUILDING AND ALTERATION

TO ACCESS LAND IN A TRANSPORT 2 ZONE

P/N: 1

Industrial 2 Zone (IN2)

Determination: PPI (Permit Issued by Delegate)

Determination Date: 25-03-2024

P194/2023 Planning Application

03/05/2023

1 Mayo St, Sunshine

$1,300,000

Multi Unit Residential Development and PPAR-Multi dwelling

CONSTRUCTION OF THREE (3) DOUBLE STOREY DWELLINGS

P/N: 1

Neighbourhood Residential Zone (NRZ)

Determination: PPI (Permit Issued by Delegate)

Determination Date: 07-03-2024

S76/2023 Subdivision Certification 07/06/2023

1 Mellor St, Sunshine

$0

1A Mellor St, Sunshine

1B Mellor St, Sunshine Subdivision - Residential

2 LOT RESIDENTIAL SUBDIVISION (PS 916501V)

P/N: 1

General Residential Zone (GRZ)

Determination: PSOC (Statement of Compliance)

Determination Date: 21-03-2024

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Attachment 12.4.1

Application

Number

Application

Type

Received

Date

Property

Address

Proposal

Description

Estimated

Cost

S95/2023 Subdivision Certification 10/07/2023

27 Baynton Ave, Sunshine North

$0

Subdivision - Residential

4 LOT RESIDENTIAL SUBDIVISION (PS 832910T)

P/N: 1

General Residential Zone (GRZ)

Determination: PSOC (Statement of Compliance)

Determination Date: 22-03-2024

P336/2023 Planning Application

14/07/2023

74 King Edward Ave, Albion

$975,000

Multi Unit Residential Development and PPAR-Multi dwelling

CONSTRUCTION OF THREE (3) DOUBLE STOREY DWELLINGS

P/N: 1

General Residential Zone (GRZ)

Determination: PNOD (Notice of Decision issued by Delegate)

Determination Date: 21-03-2024

S103/2023 Subdivision Certification 24/07/2023

58 Selwyn St, Albion

$0

Subdivision - Residential

3 LOT RESIDENTIAL SUBDIVISION (PS 909676X)

P/N: 1

General Residential Zone (GRZ)

Determination: PSOC (Statement of Compliance)

Determination Date: 15-03-2024

P374/2023 Planning Application

02/08/2023

43 Flynn Ct, Derrimut

$0

Materials Recycling and PPAR-Other

USE AND DEVELOPMENT OF THE LAND FOR MATERIALS RECYCLING (USED BRICKS)

P/N: 1

Industrial 1 Zone (IN1)

Determination: PPI (Permit Issued by Delegate)

Determination Date: 28-03-2024

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Attachment 12.4.1

Application

Number

Application

Type

Received

Date

Property

Address

Proposal

Description

Estimated

Cost

S132/2023 Subdivision Certification 20/09/2023

2S/21A Devonshire Rd, Sunshine

$0

1S/21 Devonshire Rd, Sunshine

3S/21B Devonshire Rd, Sunshine

4S/21C Devonshire Rd, Sunshine

6/3 Dawson St, Sunshine

6/3 Dawson St, Sunshine

1/21 Devonshire Rd, Sunshine

2/21 Devonshire Rd, Sunshine

3/21 Devonshire Rd, Sunshine

4A/21 Devonshire Rd, Sunshine

3A Dawson St, Sunshine

3B Dawson St, Sunshine

21 Devonshire Rd, Sunshine

Subdivision

6 LOT COMMERCIAL SUBDIVISION (PS 405097A)

P/N: 1

Activity Centre Zone (ACZ)

Determination: PSWI (Certification Withdrawn)

Determination Date: 04-03-2024

P542/2023 Planning Application

27/10/2023

4 Whitesides Ave, Sunshine West

$700,000

Multi Unit Residential Development and PPAR-Multi dwelling

CONSTRUCTION OF TWO (2) SINGLE STOREY DWELLINGS

P/N: 1

General Residential Zone (GRZ)

Determination: PPI (Permit Issued by Delegate)

Determination Date: 14-03-2024

P550/2023 Planning Application

31/10/2023

71 Maida Ave, Sunshine North

$15,000

Change of Use and PPAR-Change or extension of use

USE OF THE LAND FOR A PLACE OF ASSEMBLY (EVENTS HIRE VENUE) ON LAND

AFFECTED BY MELBOURNE AIRPORT ENVIRONS OVERLAY SCHEDULE 2 AND

REDUCTION TO CAR PARKING REQUIREMENTS

P/N: 1

Industrial 3 Zone (IN3)

Determination: PPI (Permit Issued by Delegate)

Determination Date: 21-03-2024

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Attachment 12.4.1

Application

Number

Application

Type

Received

Date

Property

Address

Proposal

Description

Estimated

Cost

P602/2023 Planning Application

28/11/2023

82 Devonshire Rd, Sunshine

$800,000

Multi Unit Residential Development and PPAR-Multi dwelling

CONSTRUCTION OF TWO (2) DOUBLE STOREY DWELLINGS ON LAND AFFECTED BY A

SPECIAL BUILDING OVERLAY

P/N: 1

General Residential Zone (GRZ)

Determination: PPI (Permit Issued by Delegate)

Determination Date: 15-03-2024

P604/2023 Planning Application

30/11/2023

75 Cornwall Rd, Sunshine

$800,000

Multi Unit Residential Development and PPAR-Multi dwelling

CONSTRUCTION OF THREE (3) DOUBLE STOREY DWELLINGS

P/N: 1

General Residential Zone (GRZ)

Determination: PLAP (Planning Application Lapsed)

Determination Date: 05-03-2024

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Attachment 12.4.1

Application

Number

Application

Type

Received

Date

Property

Address

Proposal

Description

Estimated

Cost

P641/2023 Planning Application

19/12/2023

18 Jones Rd, Brooklyn

$0

2 Moonah Cct, Brooklyn

4 Moonah Cct, Brooklyn

6 Moonah Cct, Brooklyn

8 Moonah Cct, Brooklyn

10 Moonah Cct, Brooklyn

12 Moonah Cct, Brooklyn

14 Moonah Cct, Brooklyn

16 Moonah Cct, Brooklyn

18 Moonah Cct, Brooklyn

20 Moonah Cct, Brooklyn

22 Moonah Cct, Brooklyn

24 Moonah Cct, Brooklyn

26 Moonah Cct, Brooklyn

28 Moonah Cct, Brooklyn

30 Moonah Cct, Brooklyn

1 Moonah Cct, Brooklyn

32 Moonah Cct, Brooklyn

3 Moonah Cct, Brooklyn

34 Moonah Cct, Brooklyn

36 Moonah Cct, Brooklyn

5 Moonah Cct, Brooklyn

7 Moonah Cct, Brooklyn

9 Moonah Cct, Brooklyn

11 Moonah Cct, Brooklyn

13 Moonah Cct, Brooklyn

2A Moonah Cct, Brooklyn

Subdivision - Industrial and PPAR-Subdivision of land

REMOVAL OF DRAINAGE AND SEWERAGE EASEMENT E-5 AND E-6, CREATION OF

DRAINAGE EASEMENT E-4 AND 25 LOT INDUSTRIAL SUBDIVISION WITHIN A

DESIGN AND DEVELOPMENT OVERLAY SCHEDULE 1 (PS 900330L)

P/N: 1

Industrial 1 Zone (IN1)

Determination: PPI (Permit Issued by Delegate)

Determination Date: 07-03-2024

S177/2023 Subdivision Certification 20/12/2023

2 Calarco Dr, Derrimut

$0

Create/Vary/Remove Easements

CREATION OF CARRIAGEWAY EASEMENT

P/N: 1

Industrial 1 Zone (IN1)

Determination: PSWI (Certification Withdrawn)

Determination Date: 26-03-2024

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Attachment 12.4.1

Application

Number

Application

Type

Received

Date

Property

Address

Proposal

Description

Estimated

Cost

P2/2024 Planning Application

04/01/2024

15-17 Maida Ave, Sunshine North

$0

15 Maida Ave, Sunshine North

17 Maida Ave, Sunshine North Subdivision - Industrial and PPAR-Subdivision of land

2 LOT INDUSTRIAL SUBDIVISION (PS 915587M) OF LAND AFFECTED BY

MELBOURNE AIRPORT ENVIRONS OVERLAY SCHEDULE 2

P/N: 1

Industrial 3 Zone (IN3)

Determination: PLAP (Planning Application Lapsed)

Determination Date: 05-03-2024

S1/2024 Subdivision Certification 04/01/2024

15-17 Maida Ave, Sunshine North

$0

15 Maida Ave, Sunshine North

17 Maida Ave, Sunshine North Subdivision - Industrial

2 LOT INDUSTRIAL SUBDIVISION (PS 915587M) OF LAND AFFECTED BY

MELBOURNE AIRPORT ENVIRONS OVERLAY SCHEDULE 2

P/N: 1

Industrial 3 Zone (IN3)

Determination: PREF (Certification Refused)

Determination Date: 05-03-2024

S7/2024 Subdivision Certification 17/01/2024

123 Bunnett St, Sunshine North

$0

Creation/Vary/Remove Easement/Reserve

CREATION OF EASEMENT

P/N: 1

Industrial 3 Zone (IN3)

Determination: PSOC (Statement of Compliance)

Determination Date: 12-03-2024

S9/2024 Subdivision Certification 22/01/2024

1/4 Lynch St, Sunshine

$0

2/4 Lynch St, Sunshine

4 Lynch St, Sunshine

4 Lynch St, Sunshine Consolidation

CONSOLIDATION OF THE LAND

P/N: 1

General Residential Zone (GRZ)

Determination: PSOC (Statement of Compliance)

Determination Date: 05-03-2024

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Attachment 12.4.1

Application

Number

Application

Type

Received

Date

Property

Address

Proposal

Description

Estimated

Cost

P30/2024 Planning Application

02/02/2024

166 Jones Rd, Brooklyn

$0

Change of Use and PPAR-Change or extension of use

USE OF THE LAND FOR MATERIALS RECYCLING (ASPHALT RECYCLING)

P/N: 1

Industrial 1 Zone (IN1)

Determination: PWIT (Planning Application Withdrawn)

Determination Date: 27-03-2024

P32/2024 Planning Application

06/02/2024

123 Bunnett St, Sunshine North

$0

Remove/Vary/Create an Easement/Reserve and PPAR-Subdivision-change to

CREATION OF A CARRIAGEWAY EASEMENT

P/N: 1

Industrial 3 Zone (IN3)

Determination: PPI (Permit Issued by Delegate)

Determination Date: 07-03-2024

P34/2024v Planning Application

08/02/2024

$850,000

(VicSmart)

59 Knight Ave, Sunshine North Warehouse and Car Parking Reduction and PPAR-One or more new buildings

CONSTRUCTION OF A WAREHOUSE WITH ANCILLARY OFFICE AND A REDUCTION TO

THE STANDARD CAR PARKING REQUIREMENT

P/N: 1

Industrial 3 Zone (IN3)

Determination: PPI (Permit Issued by Delegate)

Determination Date: 15-03-2024

S15/2024 Subdivision Certification 16/02/2024

5-17 Marshall St, Sunshine North

$0

5-17 Marshall St, Sunshine North

5-17 Marshall St, Sunshine North

5-17 Marshall St, Sunshine North

5-17 Marshall St, Sunshine North

5 Marshall St, Sunshine North

Consolidation

CONSOLIDATION OF SIX ALLOTMENTS OF LAND (PC 383338K)

P/N: 1

Industrial 3 Zone (IN3)

Determination: PSOC (Statement of Compliance)

Determination Date: 26-03-2024

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Attachment 12.4.1

Application

Number

Application

Type

Received

Date

Property

Address

Proposal

Description

Estimated

Cost

P56/2024 Planning Application

23/02/2024

26 Hutchinson St, Albion

$1,200,000

Multi Unit Residential Development and PPAR-Multi dwelling

CONSTRUCTION OF FOUR (4) DOUBLE STOREY DWELLINGS

P/N: 1

General Residential Zone (GRZ)

Determination: CANC (CANCELLED)

Determination Date: 07-03-2024

P72/2024v Planning Application

06/03/2024

$15,000

(VicSmart)

696 Geelong Rd, Brooklyn Buildings & Works to Industrial Premise and PPAR-Other buildings & wor

WORKS ASSOCIATED WITH AN EXISTING WAREHOUSE INCLUDING CONSTRUCTION OF

A DRIVEWAY AND SEALING OF EXTERNAL STORAGE SPACES (COMPACT GRAVEL /

CRUSHED ROCK)

P/N: 1

Industrial 1 Zone (IN1)

Determination: PPI (Permit Issued by Delegate)

Determination Date: 19-03-2024

P81/2024v Planning Application

12/03/2024

$270,000

(VicSmart)

81-83 Westmoreland Rd, Sunshine North Buildings & Works to an Education Centre and PPAR-Other buildings & wo

BUILDINGS AND WORKS TO AN EDUCATION CENTRE (SHADE SAIL)

P/N: 1

General Residential Zone (GRZ)

Determination: PPI (Permit Issued by Delegate)

Determination Date: 15-03-2024

P85/2024 Planning Application

14/03/2024

70 East Derrimut Cres, Derrimut

$0

Change of Use and PPAR-Change or extension of use

CONSTRUCTION OF 2 WAREHOUSES

P/N: 1

Industrial 2 Zone (IN2)

Determination: PNPR (No Permit Required)

Determination Date: 21-03-2024

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Attachment 12.4.1

Application

Number

Application

Type

Received

Date

Property

Address

Proposal

Description

Estimated

Cost

P280/2022 Planning Application

15/03/2024

740 Ballarat Rd, Ardeer

$0

742 Ballarat Rd, Ardeer

740 Ballarat Rd, Ardeer Retail Premise and Service Station and Advertising/Signage and Liquor

Amendment to condition 42 to include the words

"otherwise agreed in

writing by the Responsible Authority"

P/N: 3

Industrial 1 Zone (IN1)

Determination: PPAM (Amended Permit Issued by Delegate)

Determination Date: 25-03-2024

S73/2019 Subdivision Certification 01/05/2019

2A Ramsey Ct, Keilor Park

$0

Creation/Vary/Remove Easement/Reserve

VARIATION OF EASEMENT

P/N: 1

Industrial 1 Zone (IN1)

Determination: PSOC (Statement of Compliance)

Determination Date: 08-03-2024

S48/2022 Subdivision Certification 20/04/2022

8 Mulwala Gdns, St Albans

$0

1/8 Mulwala Gdns, St Albans

2/8 Mulwala Gdns, St Albans

8 Mulwala Gdns, St Albans Subdivision - Residential

2 LOT RESIDENTIAL SUBDIVISION (PS901784N)

P/N: 1

Neighbourhood Residential Zone (NRZ)

Determination: PSOC (Statement of Compliance)

Determination Date: 08-03-2024

S58/2022 Subdivision Certification 02/05/2022

46 Manfred Ave, St Albans

$0

1/46 Manfred Ave, St Albans

2/46 Manfred Ave, St Albans

46 Manfred Ave, St Albans Subdivision - Residential

2 LOT RESIDENTIAL SUBDIVISION (PS 909022Y)

P/N: 1

Neighbourhood Residential Zone (NRZ)

Determination: PCER (Certified)

Determination Date: 22-03-2024

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Attachment 12.4.1

Application

Number

Application

Type

Received

Date

Property

Address

Proposal

Description

Estimated

Cost

S104/2022 Subdivision Certification 29/06/2022

54 Henry St, St Albans

$0

2/54 Henry St, St Albans

1/54 Henry St, St Albans

2/54 Henry St, St Albans

3/54 Henry St, St Albans

4/54 Henry St, St Albans

54 Henry St, St Albans

Consolidation

4 LOT RESIDENTIAL SUBDIVISION (PS 906988)

P/N: 1

General Residential Zone (GRZ)

Determination: PSOC (Statement of Compliance)

Determination Date: 08-03-2024

P407/2022 Planning Application

29/07/2022

91-101 Wright Rd, Keilor Park

$300,000

Indoor Recreation Facility and Change of Use and Advertising/Signage a

USE AND DEVELOPMENT OF THE LAND FOR AN INDOOR RECREATION FACILITY

WITHIN A MELBOURNE AIRPORT ENVIRONS OVERLAY SCHEDULE 1 AND ERECTION

AND DISPLAY OF ASSOCIATED SIGNAGE

P/N: 1

Industrial 1 Zone (IN1)

Determination: VSPD (VCAT Set Aside-Permit Issued by Delegate)

Determination Date: 25-03-2024

S132/2022 Subdivision Certification 26/08/2022

8 Tanjil Ct, Keilor

$0

8B Tanjil Ct, Keilor

8A Tanjil Ct, Keilor Subdivision - Residential

2 LOT RESIDENTIAL SUBDIVISION (PS 848412W) ON LAND AFFECTED BY A

MELBOURNE AIRPORT ENVIRONS OVERLAY SCHEDULE 2

P/N: 1

Neighbourhood Residential Zone (NRZ)

Determination: PSOC (Statement of Compliance)

Determination Date: 27-03-2024

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Attachment 12.4.1

Application

Number

Application

Type

Received

Date

Property

Address

Proposal

Description

Estimated

Cost

S21/2023 Subdivision Certification 20/02/2023

56 Charles St, St Albans

$0

56 Charles St, St Albans

129D Power St, St Albans

129C Power St, St Albans

129B Power St, St Albans Subdivision - Residential

4 LOT RESIDENTIAL SUBDIVISION (PS 915826V) ON LAND WITHIN A SPECIAL

BUILDING OVERLAY

P/N: 1

Residential Growth Zone (RGZ)

Determination: PSOC (Statement of Compliance)

Determination Date: 12-03-2024

P210/2023 Planning Application

11/05/2023

7 Errington Rd, St Albans

$500,000

Multi Unit Residential Development and PPAR-Multi dwelling

CONSTRUCTION OF ADDITIONS (CARPORT) TO THE EXISTING DWELLING AND THE

CONSTRUCTION OF A DOUBLE STOREY DWELLING TO THE REAR

P/N: 1

Neighbourhood Residential Zone (NRZ)

Determination: PNOD (Notice of Decision issued by Delegate)

Determination Date: 19-03-2024

P518/2023 Planning Application

17/10/2023

193 Milburn Rd, Keilor

$10,000

Buildings & Works and PPAR-Other buildings & works (tanks etc)

BUILDINGS AND WORKS (BASKETBALL COURT) ASSOCIATED WITH AN EXISTING

DWELLING IN A GREEN WEDGE ZONE WITHIN A MELBOURNE AIRPORT ENVIRONS

OVERLAY SCHEDULE 2

P/N: 1

Green Wedge Zone (GWZ)

Determination: PPI (Permit Issued by Delegate)

Determination Date: 04-03-2024

P522/2023 Planning Application

18/10/2023

211-215 St Albans Rd, St Albans

$300,000

Car Park and PPAR-Other

CONSTRUCTION OF A CARPARK

P/N: 1

Industrial 1 Zone (IN1)

Determination: PLAP (Planning Application Lapsed)

Determination Date: 21-03-2024

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Attachment 12.4.1

Application

Number

Application

Type

Received

Date

Property

Address

Proposal

Description

Estimated

Cost

P587/2023v Planning Application

17/11/2023

$10,000

(VicSmart)

29 Driscolls Rd, Kealba Buildings & Works to Commercial Premise and PPAR-Other buildings & wor

BUILDINGS AND WORKS TO AN EXISTING CONVENIENCE SHOP

P/N: 1

Neighbourhood Residential Zone (NRZ)

Determination: PPI (Permit Issued by Delegate)

Determination Date: 04-03-2024

P598/2023 Planning Application

24/11/2023

4 Snow St, Keilor Park

$900,000

Multi Unit Residential Development and PPAR-Multi dwelling

CONSTRUCTION OF TWO (2) DOUBLE STOREY DWELLINGS

P/N: 1

Neighbourhood Residential Zone (NRZ)

Determination: PPI (Permit Issued by Delegate)

Determination Date: 13-03-2024

P646/2023 Planning Application

21/12/2023

33 Percy St, St Albans

$950,000

Multi Unit Residential Development and PPAR-Multi dwelling

CONSTRUCTION OF THREE (3) DOUBLE STOREY DWELLINGS ON LAND AFFECTED BY

A SPECIAL BUILDING OVERLAY AND A DESIGN AND DEVELOPMENT OVERLAY

SCHEDULE 9

P/N: 1

Residential Growth Zone (RGZ)

Determination: PWIT (Planning Application Withdrawn)

Determination Date: 13-03-2024

P409/2022 Planning Application

20/02/2024

40 Main Rd East, St Albans

$17,500

Buildings & Works to Commercial Premise and Advertising/Signage and Li

AMENDMENT TO THE PLANNING PERMIT AND ENDORSED PLANS TO INCLUDE THE

INSTALLATION OF EXTERNAL ROLLER SHUTTERS

P/N: 2

Commercial 1 Zone (C1Z)

Determination: PPAM (Amended Permit Issued by Delegate)

Determination Date: 27-03-2024

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Attachment 12.4.1

Application

Number

Application

Type

Received

Date

Property

Address

Proposal

Description

Estimated

Cost

P108/2005 Planning Application

27/02/2024

82 Arthur St, St Albans

$100,000

88A Arthur St, St Albans

82 Arthur St, St Albans

81 Leslie St, St Albans

75 Leslie St, St Albans

84 Arthur St, St Albans

86 Arthur St, St Albans

79 Leslie St, St Albans

77 Leslie St, St Albans

Mixed Use Development and PPAR-Alter building structure or dwell

AMENDMENT TO THE PLANNING PERMIT AND ENDORSED PLANS TO CONVERT ONE

SHOP TENANCY INTO A PLACE OF ASSEMBLY (SHISHA BAR) AND AN OFFICE

P/N: 4

Commercial 1 Zone (C1Z)

Determination: PPAM (Amended Permit Issued by Delegate)

Determination Date: 12-03-2024

S134/2022 Subdivision Certification 30/08/2022

1 The Esplanade, Sydenham

$0

Subdivision - Residential

14 LOT RESIDENTIAL SUBDIVISION (PS 846823K)

P/N: 1

General Residential Zone (GRZ)

Determination: PSOC (Statement of Compliance)

Determination Date: 04-03-2024

S56/2023 Subdivision Certification 11/04/2023

137 Odessa Ave, Keilor Downs

$0

137 Odessa Ave, Keilor Downs

51 Swindon Cres, Keilor Downs

49 Swindon Cres, Keilor Downs Subdivision - Residential

3 LOT RESIDENTIAL SUBDIVISION (PS 910432V)

P/N: 1

Neighbourhood Residential Zone (NRZ)

Determination: PCER (Certified)

Determination Date: 08-03-2024

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Attachment 12.4.1

Application

Number

Application

Type

Received

Date

Property

Address

Proposal

Description

Estimated

Cost

S82/2023 Subdivision Certification 26/06/2023

1/26 Chris Ct, Hillside

$0

2/26 Chris Ct, Hillside Subdivision - Residential

2 LOT RESIDENTIAL SUBDIVISION (PS 917167A)

P/N: 1

Neighbourhood Residential Zone (NRZ)

Determination: PSOC (Statement of Compliance)

Determination Date: 21-03-2024

P379/2023 Planning Application

07/08/2023

4 Bosco Tce, Keilor Lodge

$750,000

Multi Unit Residential Development and PPAR-Multi dwelling

CONSTRUCTION OF TWO (2) DOUBLE STOREY DWELLINGS

P/N: 1

Neighbourhood Residential Zone (NRZ)

Determination: PNOD (Notice of Decision issued by Delegate)

Determination Date: 13-03-2024

P652/2023 Planning Application

21/12/2023

2/2 Hyperno Ct, Keilor Downs

$0

Remove/Vary/Create an Easement/Reserve and PPAR-Subdivision-change to

REMOVAL OF DRAINAGE & SEWERAGE EASEMENT E-1

P/N: 1

Neighbourhood Residential Zone (NRZ)

Determination: PNOD (Notice of Decision issued by Delegate)

Determination Date: 15-03-2024

P22/2024 Planning Application

30/01/2024

399 Melton Hwy, Taylors Lakes

$8,000

Advertising/Signage and PPAR-Signage

ERECTION AND DISPLAY OF BUSINESS IDENTIFICATION SIGNAGE INCLUDING

INTERNALLY ILLUMINATED SIGNAGE ASSOCIATED WITH AN EXISTING COMMERCIAL

USE

P/N: 1

Comprehensive Development Zone (CDZ)

Determination: PPI (Permit Issued by Delegate)

Determination Date: 27-03-2024

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Attachment 12.4.1

Application

Number

Application

Type

Received

Date

Property

Address

Proposal

Description

Estimated

Cost

P55/2024v Planning Application

26/02/2024

$0

(VicSmart)

1 Linden Ct, Taylors Lakes Dwelling Works (including fence) and PPAR-Other buildings & works (tan

CONSTRUCTION OF A FENCE

P/N: 1

Neighbourhood Residential Zone (NRZ)

Determination: PWIT (Planning Application Withdrawn)

Determination Date: 05-03-2024

P61/2024 Planning Application

27/02/2024

161/868 Old Calder Hwy, Keilor

$22,150

Buildings & Works and PPAR-Other buildings & works (tanks etc)

CONSTRUCTION OF A VERANDAH TO A RETIREMENT VILLAGE UNIT

P/N: 1

Neighbourhood Residential Zone (NRZ)

Determination: PPI (Permit Issued by Delegate)

Determination Date: 04-03-2024

P71/2024 Planning Application

29/02/2024

136/800 Kings Rd, Taylors Lakes

$14,960

Dwelling Works (including fence) and PPAR-Other buildings & works (tan

CONSTRUCTION OF A VERANDAH TO A RETIREMENT VILLAGE UNIT

P/N: 1

Comprehensive Development Zone (CDZ)

Determination: PDPA (Development Plan Approved)

Determination Date: 19-03-2024

P80/2024 Planning Application

07/03/2024

21 Clematis Dr, Taylors Lakes

$0

Subdivision - Residential and PPAR-Subdivision of land

2 LOT RESIDENTIAL SUBDIVISION (PS 907780P)

P/N: 1

Neighbourhood Residential Zone (NRZ)

Determination: PPI (Permit Issued by Delegate)

Determination Date: 26-03-2024

45

27

Planning Applications:

Subdivision Certification Applications:

42 3

27 0

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Attachment 12.4.1

Application

Number

Application

Type

Received

Date

Property

Address

Proposal

Description

Estimated

Cost

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Attachment 12.4.1

Graphical representation of data from last three years

0 10

20 30

40 50

60 70

80 90

100

1 2 3 4 5 6 7 8 9 10 11 12

2021 2022 2023 2024

Number of applications received by month

0 100

200 300

400 500

600 700

800 900

1000

1 2 3 4 5 6 7 8 9 10 11 12

2021 2022 2023 2024

Cumulative number of applications received

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Attachment 12.4.2

0 20

40 60

80 100

120

1 2 3 4 5 6 7 8 9 10 11 12

2021 2022 2023 2024

Decisions made by month

0

200

400

600

800

1000

1200

1 2 3 4 5 6 7 8 9 10 11 12

2021 2022 2023 2024

Cumulative number of decisions made

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Attachment 12.4.2

$0

$20,000,000

$40,000,000

$60,000,000

$80,000,000

$100,000,000

$120,000,000

$140,000,000

$160,000,000

$180,000,000

$200,000,000

1 2 3 4 5 6 7 8 9 10 11 12

2021 2022 2023 2024

Estimated cost of works

200 220

240 260

280 300

320 340

360 380

1 2 3 4 5 6 7 8 9 10 11 12

2021 2022 2023 2024

Active applications

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Attachment 12.4.2

Planning Scheme Amendment Summary – As at 31 March 2024

The table below shows the status of current planning scheme amendments:

Amendment Intent

Status

Progress summary

Amendment

C214 –

Development

Contributions

Plan – Schedule

2

Introduce

Development

Contribution Plan

2022 through

updating

Development

Contribution Plan

Overlay (Schedule

2) in the Brimbank

Planning Scheme

Abandoned

At the Council

Meeting held on

the 19 March

2024 Council

resolved to

abandon

Amendment

C214brim to the

Brimbank

Planning Scheme.

At the Council Meeting on 23 June 2020,

Council resolved to request the Minister to

authorise the preparation and exhibition of

Amendment C214. Council lodged this

re

quest on 30 June 2020. State Planning

Services advised Council officers they are

progressing a different approach to the

Dev

elopment Contribution Plan (DCP)

Overlay. The Manager, State

Planning

Services, under delegation, gave conditional

authorisation for the amendment on 1

February 2022. Significant work was

required to comply with the conditions of

authorisation, including further input from

external experts. A meeting was held with

representatives from the Department of

En

vironment, Land, Water and Planning

(now the Department of Transport and

Planning (DTP)), where Council officers

sou

ght clarification about expectations.

Council’s experts revised amendment

documents and advised a further report

should be presented to Council about the

DCP. The updated

amendment was

presented to Council Meeting on 13

December 2022 where Council endorsed the

amendment with the proposed changes.

Council officers submitted Amendment C214

to DTP on 15 December 2022, requesting

confirmation that it meets the conditions of

authorisation.

A further request was made

on 19 December 2022. Council officers

submitted Amendment C214 to the

Department of Transport & Planning (DTP)

on 11 July 2023 requesting formal

exhibition

of the amendment. Amendment C214 was

Exhibited from 10 August – 3 November

2023. At the Council Meeting held on the 19 March

2024 Council resolved to abandon

Amendment C214brim to the Brimbank

Planning Scheme. In accordance with the

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Attachment 12.4.3

Amendment Intent

Status

Progress summary

Council resolution officers are in the process

of:

notifying the Minister for Planning

of Councils decision to abandon the

amendment

publishing a notice of the decision

on Councils website

writing to submitters to thank them

for their submission

and advising

them of Councils decision and

reasons for abandoning the

amendment

writing to the Minister for Planning

seeking a timely outcome

of the

state government review of the

Development Contribution Plan

system.

Amendment

C219 – Heritage

Update

Update heritage

properties in the

Grand Junction

and Matthews

Hill Estate

precincts and

include Beaufort

Hou

ses and

Quonset

Warehouse

Council officers

submitted

Amendment C219

to the Minister

for Planning for

authorisation on

20 December

2022. The

Minister is yet to

determine this

matte

r. On 29

June the Minister

prepared and

approved

Amendment C237

to maintain

interim heritage

protection on five

properties until

31 May 2024.

At the Council Meeting on 13 December

2022, Council resolved to request the

Minister to authorise the preparation and

exhibition of Amendment C219. Council

officers submitted Amendment C219 to DTP

seeking authorisation on 20 December 2022.

The Minister did not determine to authorise

the preparation of the Amendment within

the required 10 business day timeframe and

has placed the amendment on further

review. The Minister is yet

to determine this

matter.

Note: The Minister prepared and approved

Amendment C234 on 25 August 2022 to

extend the interim Heritage Overlay applied

to five properties within the Grand Junction

Estate and Matthew’s Hill Precinct until 30

June 2023. Amendment C219 proposes to

apply the Heritage Overlay permanently. The

Minister prepared and approved

Amendment C237 on 29 June 2023 to

extend

the interim Heritage Overlay applied

to

these five properties until 31 May 2024.

Amendment C219 proposes to apply the

Heritage

Overlay permanently.

Amendment

C225 – Planning

Translate local

policy into the

Council officers

submitted

At the Council Meeting on 20 July 2021,

Council resolved to request the Minister to

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Attachment 12.4.3

Amendment Intent

Status

Progress summary

Policy

Framework

new planning

scheme format,

including new

policy identified

as part of

a

planning scheme

review

Amendment C225

to the Minister

for Planning for

approval on 2

November 2022.

The Minister is

yet to determine

this

matter.

authorise the preparation and exhibition of

Amendment C225. Council lodged the

request on 23 July 2021. Council received

authorisation on 9 August 2021 and

exhibited the amendment from 4 November

to

16 December 2021. At the Council

Meeting on 19 April 2022, Council received a

Post

Exhibition Report and determined it

would refer all the submissions received to

Planning Panel. The Directions Hearing was

held

on 17

May 2022 and the Panel Hearing

was

held on 16 and 17 June 2022 involving

three submitters in addition to Council’s

submission. On 29 July 2022 officers

received the Planning Panel Report and the

recommendations were presented to

Council for consideration at the 18 October

2022 Council Meeting, where the

Am

endment was adopted, with changes.

Council officers submitted Amendment C225

to the Minister for Planning for approval

on

2 November 2022. The Minister is yet to

determine this matter.

Amendment

C227 – Heritage

Overlay

Sunshine Silos

Apply Heritage

Overlay

(permanent) to 2

Wright Street,

Sunshine

Council officers

submitted

Amendment C227

to the Minister

for Planning for

approval on 20

December 2022.

The Minister is

yet to determine

this

matter.

At the Council Meeting on 14 January 2021,

Council resolved to authorise the Director

City Development to seek authorisation

from

the Minister to authorise the preparation

and exhibition of Amendment C227. Council

lodged the request on 26 March 2021. The

Manager, State Planning Services, under

delegation, gave conditional authorisation

on 17 November 2021. The Amendment was

exhibited from 24 February 2022

to 25

March 2022, with four submissions received.

Council endorsed a Post Exhibition Report

about the submissions received at the

Council Meeting on 23 June 2022 and

subsequently requested a planning

panel to

be convened. The Directions Hearing was

held on 25 July 2022 and the Planning Panel

was

held on 29, 30 and 31 August 2022.

There was one submitter in addition to

Council’s submission. On 20 September

2022 officers received the Planning Panel

Report and the recommendations were

presented to Council for consideration at the

Council Meeting on 13 December 2022,

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Attachment 12.4.3

Amendment Intent

Status

Progress summary

where the Amendment was adopted, with

changes. Council officers submitted the

Amendment to the Minister for approval on

20 December 2022. The Minister is yet to

determine this matter.

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Attachment 12.4.3

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12.5

Planning Compliance Activity Update - 1 January To 31 March 2024

12.5 Directorate

Director

Manager

Planning Compliance Activity Update - 1

January to

City Futures

Kelvin Walsh

Kristen Gilbert

Attachment(s)

1. Service Requests Received and PINS

1 January

to 31 March 2024 [

- 1 page]

2. Location of Requests for Services

Received

1 January to 31 March 2024 [

- 1 page]

Purpose

For Council to note the Planning Compliance Activity Update for the period 1 January to

31 March 2024.

Officer Recommendation

That Council notes the Planning Compliance Activity update for the period of 1

January to 31 March 2024.

Background

Council is the Responsible Authority under the

. In

this role, Council administers the Planning Scheme and enforces its requirements to

ensure the use and development of land in the municipality is consistent with the various

zones, overlays and other planning provisions. Council also enforces compliance with

conditions of planning permits and other statutory requirements, including agreements

made under section 173 of the Act.

Matters for Consideration

Analysis

Request

Requests for

Service

Resolved

during this

period

Total active

requests

Infringement

Notices

Issued

Official

Warnings

Issued

Quarterly

1 January – 31

March 24

105

109

180

24

13

Year to Date

1 July – 31

March 24

329

458

180

78

13

Council’s Planning Compliance Unit received 105 new requests for service between 1

January and 31 March 2024. The number of requests received was higher than the

previous quarter when 92 requests were received. There were 109 requests resolved by

officers during the quarter.

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The most common requests received related to contravention of planning permit

conditions, which accounted for 24 percent of the total requests. These requests were

located across the municipality, with the majority being in the central and eastern areas.

Home based businesses were next, being 21 percent of total requests, and uses without

a planning permit being 15 percent of the most common requests received.

Other requests for service related to signage. Information on the number of service

requests received and Planning Infringement Notices issued is in

Attachment 1

.

A location map of requests received is in

Attachment 2

.

Community Engagement

Not applicable.

Resource And Risk Implications

Resource requirements can be met within the Annual Budget 2023/2024.

There are no Community, Environmental, Financial, Regulatory or Safety risks identified.

Legislation/Council Plan/Policy Context

This report supports the Council Plan 2021-2025 strategic direction and objective of:

2. Places and Spaces - Liveable and connected neighbourhoods that support

healthy and sustainable futures - A green place for all

• Liveable and Connected - Inviting and liveable spaces and facilities, connected so

people can get around.

This report complies with the

(

) and the

Brimbank Planning Scheme (Planning Scheme).

Council officers contributing to the preparation and approval of this report, have no

conflicts of interests to declare.

Service Requests Received and PINs issued – 1 January to 31 March 2024

0

100

200

300

400

500

600

July 2022 -

June 2023

July 2023 -

June 2024

Total Requests for Service

0 20

40 60

80 100

120 140

160

July 2022 -

June 2023

July 2023 -

June 2024

Total Number of PINs Issued

Brimbank Council Meeting No. 632 16 April 2024

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Attachment 12.5.1

Planning Compliance Report (CRM)

Period: January, February and March 2024

VERSION CONTROL: BCC2532-50-IFC

SOURCE:

Planning Compliance reports from Council CRM for January to March 2024

PRODUCTION DATE: 9TH JANUARY 2024

PRODUCED BY: ASSET & PROPERTY SERVICES DEPARTMENT

DISCLAIMER

This information is provided on the basis that both the State of Victoria

and Brimbank City Council does not warrant the accuracy or completeness

of information contained in this publication. Any person using or relying on

information here presented does so on the basis that the State of Victoria

and Brimbank City Council shal bear no responsibility or liability whatsoever

for any errors, faults, defects or omissions in the information, and that no claim

or action whatsoever wil be made or brought against either the State of Victoria

or Brimbank City Council.

Scale 1 : 25,000

@ A1 Mapsheet

Subject Name

Alleged illegal Brothels

(1)

CEMP – Compliance Use Only

(6)

Contravention Permit Condition (24)

Heritage Compliance

(1)

Home Based Business

(21)

Landscaping Compliance

(2)

MotorVehicleRepair Residential (12)

Recycle Centre/TransferStation

(8)

Signage Compliance

(14)

Truck Parking on Vacant Land

(1)

Unauthorised Buildings & Works

(2)

Use without a planning permit

(13)

Attachment 2

Note:

The process has been brought forward for a few days

(01/01/2024 - 28/03/2024) due to the Easter Break time conflict.

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Attachment 12.5.2

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12.6

Application To Amend Planning Permit P772/2014 For 697-703 Ballarat Road, Ardeer

12.6

Application to Amend Planning Permit P772/2014 for

697-703 Ballarat Road, Ardeer

Directorate

City Futures

Director

Kelvin Walsh

Manager

Kristen Gilbert

Attachment(s)

1. Zoning Map [

12.6.1

- 1 page]

2. Aerial Photo [

12.6.2

- 1 page]

3. Acoustic Report [

12.6.3

- 8 pages]

4. Detailed Assessment [

12.6.4

- 7 pages]

5. Proposed Conditions [

12.6.5

- 6 pages]

Purpose

To provide Council with an assessment of an application to amend Planning Permit

P772/2014 for use and development of the land for a child care centre and creation of

access to a main road at 697 – 703 Ballarat Road, Ardeer, against the Brimbank

Planning Scheme.

Officer Recommendation

That Council issues a Notice of Decision to Amend Planning Permit P772/2014

for use and development of the land for a child care centre and creation of

access to a Road Zone Category 1 at 697 – 703 Ballarat Road, Ardeer, subject to

the conditions at Attachment 5 to this report.

Background

The subject site is located on the southern side of the Ballarat Road service road in

Ardeer, east of the intersection with Chatsworth Avenue (refer to

Attachments 1 and

2

). The site is irregular in shape, generally flat and has a total site area of 2,215 square

metres. The site adjoins residential properties to the south, east and west. A child care

centre currently operates on the site.

The original planning application for this child care centre received eight (8) objections

when it was advertised, with issues raised by the objectors relating to overlooking, noise

and traffic and parking concerns. The application was considered at the Council Meeting

on 10 March 2015 where it was resolved to issue a Notice of Decision to Grant a Planning

Permit. As no appeals were lodged against this decision, the planning permit was

subsequently issued on 13 April 2015.

The child care centre was constructed in 2019/2020 and commenced operation around

July 2021.

Planning Permit P772/2014 allows the centre to operate from 7am to 7pm Monday to

Friday and includes a condition which prevents children from using the outdoor play

areas before 9am and after 5pm. This application seeks approval to amend the permit

to change the hours of operation to 6.30am to 6.30pm and to delete condition 15(b)

which prevents children from using the outdoor play areas before 9am and after 5pm.

The application is coming before Council for consideration because the previous decision

was made at a Council Meeting and the current proposal is seeking to vary that decision.

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Matters for Consideration

The site and the surrounding land to the south, east and west are located within the

General Residential Zone Schedule 1. The outdoor area of the child care centre abuts the

secluded private open space areas of five adjoining residential properties and the car

park for the child care centre abuts three adjoining properties.

An acoustic report was submitted with the application, assessing the noise impact of

earlier drop-offs of children and arrival of staff. The acoustic report is contained at

Attachment 3

. The acoustic report concluded that there would be no material change in

surrounding noise amenity if the centre opened at 6.30am instead of 7am due to the

noise already created by traffic on Ballarat Road.

Whilst the acoustic report did not consider the proposal to remove the condition that

restricts children from playing outdoors before 9am and after 5pm, this was the aspect

of the proposal that resulted in an objection being lodged. Following consideration of the

objection, the applicant advised that they were happy to have this condition amended to

restrict outdoor play before 8am instead.

A detailed assessment of the application against the provisions of the Brimbank Planning

Scheme is contained at

Attachment 4

to this report. The detailed assessment indicates

that there is policy support for this proposed amendment and that it will not have an

adverse impact on the surrounding properties. It is recommended that the application to

amend the permit be approved subject to the conditions at

Attachment 5

to this report.

Community Engagement

Notice of the application to amend the permit was given in accordance with the notice

requirements of section 52(1)(a) and (d) of the Act in February 2024. At the end of the

notification process, one objection had been received.

The objection raised concerns about noise disturbance associated with the removal of

the condition that restricts outdoor playtimes before 9am. The objector suggested that

outdoor playtimes should commence no earlier than 8am.

One letter of support was also received during public notification. It welcomed the

proposal to remove restrictions to outdoor playtimes, especially in the morning hours.

A response to these submissions is in the detailed assessment at

Attachment 4

to this

report.

Resource And Risk Implications

Resource requirements can be met within the Annual Budget 2023/2024.

There are no Community, Environmental, Financial, Regulatory or Safety risks identified.

Legislation/Council Plan/Policy Context

This report has also been prepared under the relevant guiding principles of the Brimbank

Planning Scheme and the

.

Council officers contributing to the preparation and approval of this report, have no

conflicts of interests to declare.

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Attachment 12.6.1

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Attachment 12.6.2

Enfield Acoustics Pty Ltd

ABN 15 628 634 391

Ph: +61 3 9111 0090

PO Box 920

North Melbourne, VIC 3051

697-703 BALLARAT ROAD,

ARDEER

Acoustic Report for Extension of

Operating Hours

For

CK

H ARDEER C/- DCA DESIGN

DO

C. REF: V1742-01-P ACOUSTIC REPORT (R0)

30 JANUARY 2024

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Attachment 12.6.3

697-703 Ballarat Road, Ardeer

V1742-01-P Acoustic Report (r0).docx

Acoustic

Report for Extension of Operating Hours

Page i of 8

Project

697-703 Ballarat Road, Ardeer

Subject

Acoustic Report

Client

CKH Ardeer c/- DCA Design

Document Reference

V1742-01-P Acoustic Report (r0)

Date of Issue

30 January 2024

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Attachment 12.6.3

697-703 Ballarat Road, Ardeer

V1742-01-P Acoustic Report (r0).docx

Acoustic

Report for Extension of Operating Hours

Page ii of 8

Table of Con

tents

1 Introduction & Scope

.................................................................................................................... 3

2 Site Inspection

............................................................................................................................... 3

3 Assessment

.................................................................................................................................... 6

4 Conclusion

...................................................................................................................................... 7

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Attachment 12.6.3

697-703 Ballarat Road, Ardeer

V1742-01-P Acoustic Report (r0).docx

Acoustic Report for Extension of Operating Hours

Page 3 of 8

1 Introduction & Scope

Enfield Acoustics has been engaged by CKH Ardeer (Applicant) c/- DCA Design to prepare an

acoustic report for a childcare centre at 697-703 Ballarat Road, Ardeer (Subject Land).

It is understood that the Applicant seeks to commence operation at 6.30am instead of 7.00am as

currently permitted on planning permit no. P772/2014, allowing for earlier arrivals/drop-offs in

the morning. Our instructions are that the Applicant does not propose to use the outdoor play

areas during the extended hours.

This assessment has been prepared in response to Council RFI, as follows:



To this end, Enfield Acoustics has:

1. Visited the Subject Land to survey nearby sensitive uses and conduct a noise survey

during the period of time proposed to be extended; and

2. Conducted noise measurements before and after arrivals occurring at the childcare centre

and residential interfaces.

We are satisfied that the Application can be approved where it can be demonstrated that the

earlier commencement will not result in adverse noise impacts and/or a material change in noise

amenity.

2 Site Inspection

Our office visited the Subject Land on 25 January 2024 between 6.30am and 7.45am to survey

residential interfaces and to conduct measurements of existing noise conditions, including from

morning drop offs.

Because outdoor play areas will not be used during the proposed extended hours, the assessment

is only relevant to noise impacts from arrivals occurring at the car park and entrance of the

childcare centre.

Nearby sensitive uses (dwellings) relevant to the Application have been identified as follows:

Tag Location of

Sensitive Use

Direction

Type

R1 705 Bal

larat Road

West

Single-storey

R2 24-26 Chatswor

th Avenue

South

Single-storey

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Attachment 12.6.3

697-703 Ballarat Road, Ardeer

V1742-01-P Acoustic Report (r0).docx

Acoustic Report for Extension of Operating Hours

Page 4 of 8

Noise me

asurements were conducted adjacent to Receiver R1 and R2, where ‘worst-case’ noise

impacts are expected to occur.

Background Noise Measurement

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Attachment 12.6.3

697-703 Ballarat Road, Ardeer

V1742-01-P Acoustic Report (r0).docx

Acoustic Report for Extension of Operating Hours

Page 5 of 8

It was observed that the ambient noise environment was dominated by traffic noise on Ballarat

Road, with appreciable volumes of road traffic observed. Overall, the ambient noise environment

surrounding the Subject Land is considered elevated and consistent with urban areas next to

major roads.

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Attachment 12.6.3

697-703 Ballarat Road, Ardeer

V1742-01-P Acoustic Report (r0).docx

Acoustic Report for Extension of Operating Hours

Page 6 of 8

3 Assessment

Our asse

ssment will consider whether there would be any material change in surrounding noise

amenity resulting from earlier arrivals/drop-offs occurring between 6.30am and 7.00am, and

whether the use of the carpark will likely result in adverse noise impacts at identified sensitive

uses.

Based on the results of our noise measurements, we provide the following analysis:

Item

Location M1

Location M2

Existing ambient noise –

Before 7.00am

65 to 70 dB(A) L

max

65 to 75dB(A) L

max

Noise from arrivals –

After 7.00am

N/A

60 to 65 dB(A) L

max

While no

ise emissions from the carpark were not measured directly at Location M1 (because

those particular car spaces were not used early in the morning), it is reasonable to expect

comparable noise levels to Location M2 given the similar setback distances to carpark bays.

The above analysis is particularly relevant to sleep disturbance assessments, noting that the

application for 6.30am commencement will mean that noise impacts will occur during the

sensitive ‘night’ period (pre-7am).

The Sleep Disturbance assessment trigger of

L

max

65dB(A

) outside habitable room windows is

often used to determine if noise emissions are likely to cause adverse sleep disturbance impacts.

The results above indicate that traffic noise from Ballarat Road already regularly exceeds sleep

disturbance thresholds, which is a common occurrence for dwellings sited close to major roads.

Noise emissions from arrivals were also found to comply with sleep disturbance thresholds,

further inferring that the use of the carpark will not result in adverse sleep disturbance impacts.

Time

Sound Pr

essure Level

6.30am – 6.45am

63 dB(A), L

Aeq-15min

6.45am – 7.00am

62 dB(A), L

Aeq-15min

7.00am – 7.15am

63 dB(A), L

Aeq-15min

71.5am – 7.30am

63 dB(A), L

Aeq-15min

7.30am – 7.45am

63 dB(A), L

Aeq-15min

Based on

the measured results above, there was no material change in long-term average noise

levels before and after arrivals, meaning that even if arrivals were to commence at 6.30am, there

would be no noticeable change in surrounding noise amenity.

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Attachment 12.6.3

697-703 Ballarat Road, Ardeer

V1742-01-P Acoustic Report (r0).docx

Acoustic Report for Extension of Operating Hours

Page 7 of 8

Overall, arrivals of staff and children were observed to generate varying levels of noise, however,

the highest recorded events were used in the tables above to be conservative. Further, some

arrivals were not observed to generate material noise levels at all.

In effect, the noise generated from the carpark was found to be largely indistinguishable from

ambient traffic noise on Ballarat Road and therefore we do not consider that there is any risk in

allowing arrivals to commence from 6:30am instead of 7am.

4 Conclusion

Enfield Acoustics has assessed potential noise impacts from a childcare centre at 697-703 Ballarat

Road, Ardeer and is satisfied that the application can be approved. In particular, we are satisfied

that staff arrivals and drop-offs can commence at 6.30am without resulting in adverse noise

impacts or any material intensification.

Based on our site inspections and observations, we conclude that:



Noise emissions from the carpark were largely indistinguishable from Ballarat Road

traffic. In effect, any noise emissions from drop-offs will be masked by existing road

traffic noise.



The measurements indicate that there would be no material change in surrounding noise

amenity should arrivals and drop-offs commence at 6.30am.

On this basis, Enfield Acoustics is satisfied that the permit can be amended to allow 6.30am

commencement without requiring further mitigation.

To ensure no other impacts will occur before 7.00am, it is also recommended that the centre’s

noise management plan is updated to prohibit outdoor play use between 6.30am and 7.00am.

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Attachment 12.6.3

P772/2014 (Application to amend the permit)

697-703 Ballarat Road Ardeer

Amendment to Planning Permit P772/2014 to:



alter hours of operation from 7am to 7pm to 6.30am to 6.30pm



deletion of condition 15(b) to remove the prevention of children from

outdoor playtimes before 9am and after 5pm

i9 Education

Planning Application Fees

Public Notice Fees

Metropolitan Planning Levy

Certificate provided?

General Residential Zone Schedule 1

Development Contributions Plan Overlay Schedule 2

All surrounding land to the south, east and west is zoned General

Residential Zone Schedule 1 and is affected by a Development

Contributions Plan Overlay Schedule 2.

Land abutting the site to the north (Ballarat Road) is within a Transport

Road Zone 2. Note

–

this used to be known as a Road Zone Category 1.

The Environmental Site Assessment provided on 14/12/2017 by Frontline

Environmental was considered to satisfy planning permit conditions 26-32.

The Assessment was approved on 30/01/2018. No further assessment is

required based on the current proposal.

No environmental site assessment was required under the original

application, as the site is located outside the recommended buffer distance

from the nearest former landfill.

Not required

Yes

–

Covenant No. 1813628 is registered on the Title. The covenant

relates to the prevention of excavation for the purpose of quarrying. The

proposal does not breach the covenant restriction.

There is no Section 173 Agreement registered on the Title.

was issued on 13/04/2015 for use and

development of the land for a child care centre with an ancillary training

centre and creation of access to a Road Zone Category 1.

This permit was amended on 27/11/2017 to delete the words ‘with an

ancillary training centre’.

The permit preamble now reads: Use and

development of the land for a child care centre with an ancillary training

centre and creation of access to a Road Zone Category 1.

This permit was again amended on 1/08/2018 to reduce the number of

children from 100 to 96 and to amend plans to change the size of windows

and internal alterations.

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Attachment 12.6.4

was issued on 13/03/1997 for the use of

the site for advertising signage relating to an irrigation business.

was issued on 31/12/1996 for Buildings

and works in two Stages to an existing non-conforming prohibited use

(peripheral sales).

Was the permit issued as a result of a VCAT decision (including the

outcome of a permit issued following a consent order)?

No the permit was not issued at the direction of VCAT.

Advertised Documents and Plans which includes:



Application form

–

received 19/07/2023



Title documents

–

received 12/10/2023



Noise Management Plan

–

received 12/10/2023



Acoustic Report for the extension of operating hours

–

received

06/02/2024

Pursuant to Part 4 Division 1 of the

,

further approval is required to amend a permit/plans/documents

associated with a Planning Permit. Pursuant to Section 73 of the Act, the

application to amend a permit and/or associated plans/documents must be

dealt with in accordance with the requirements of Section 47 of the Act.

The proposed amendments seek the following changes to Planning Permit

P772/2014:



Amend Condition 12 to alter trading hours from 7am to 7pm to

6.30am to 6.30pm



Delete condition 15(b) to remove the prevention of children from

outdoor playtimes before 9am and after 5pm.

There are no changes proposed to the endorsed plans.

Subject Site

The subject site is located on the southern side of the Ballarat Road

service road, just east of Chatsworth Avenue, in Ardeer. The subject site

is irregular in shape, generally flat and has a frontage of 57.95 metres and

a total site area of 2215 square metres.

Three easements run along the rear of the site.

A child care centre was constructed in 2019/2020 and is now in operation

on the site, having commenced in around July 2021.

Surrounding Area

The surrounding area comprises of predominantly residential areas and

parkland on the southern side of Ballarat Road. Across the road to the

north is occupied by industrial uses. Ballarat Road is a main road with

three west-bound lanes and two east-bound lanes in this immediate area.

As it was considered that the proposal may cause material detriment, the

application was advertised to owners and occupiers of adjoining properties

in accordance with Section 52 of the

.

Advertising was undertaken by the following means:

On Site Notice

Mail

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Attachment 12.6.4

Newspaper

Objections:

No.

Grounds of objection:

-

Object to the removal of outdoor playtime restriction before 9am.

The objector accepts no outdoor playtime prior to 8am.

Letter of support:

It is noted that one letter of support was also received during this period of

public notification. The letter supports the removal of restriction to the

outdoor playtimes.

No internal or external referrals were required in this instance.

Settlement

–

Metropolitan Melbourne

Environmental risks

–

Housing

–

Economic Development

- Transport

- Infrastructure

–

Municipal Strategic Statement

–

Built Environment

–

Housing

–

Transport and Infrastructure

–

Community and Leisure Facilities

General Residential Zone Schedule 1

–

Development Contributions Plan Overlay Schedule 2

Car Parking

Decision Guidelines

The amendments have been assessed against the Planning Policy

Framework and it is considered that the proposed amendments are

consistent with relevant policies contained within this section of the

Brimbank Planning Scheme.

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Attachment 12.6.4

The objectives and relevant strategies of this Clause are:

1.







The relevant policy Guidance

includes:







It is proposed that the child care centre commences operation at 6.30am

rather than the current allowed time of 7am. A noise report from a

qualified acoustic consultant was submitted to determine if there would be

any material change in surrounding noise amenity resulting from earlier

arrivals/drop-offs occurring between 6.30am and 7am. The report reached

the following conclusion:

The noise report has confirmed that that there will no additional noise

impact as a result of the earlier arrivals of staff and drop offs of children.

On this basis, the change in operation time is considered appropriate and

it is recommended that this aspect of the proposal be approved.

The proposal also seeks to remove the restriction to prevent outdoor play

prior to 9am and after 5pm. This relates to Condition 15 where a noise

management plan is required to be submitted. Specifically, Condition

15(b) states:

One objection was received regarding deleting the restriction on outdoor

playtimes. The objection suggested that the outdoor playtime be

prevented prior to 8am due to the impact that allowing children to play

outdoors may have on the objector and their family. No concern was

raised with allowing outdoor playtimes after 5pm.

Restricting the outdoor playtime before 8am was discussed with the

applicant who agreed to the condition being amended to reflect this, rather

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Attachment 12.6.4

than being deleted altogether. On this basis, it is recommended that

Condition 15(b) will be amended to state:



A Noise Management Plan was not submitted previously, as required by

Condition 15. A Plan has now been submitted as part of this amendment

application. This Noise Management Plan must also be amended to reflect

the requirement of no outdoor playtimes before 8am. This change should

be requested under Condition 1 of an Amended Planning Permit, should

the proposal be approved. All previous Condition 1 requirements should

be deleted because they have already been satisfied.

The amendments have been assessed against the Local Planning Policy

Framework and it is considered that the proposed amendments are

consistent with relevant policies contained within this section of the

Brimbank Planning Scheme.

Clause 32.08

–

General Residential Zone

Purpose:









The relevant decision guidelines under Clause 32.08-14 Non-residential

use and development





Assessment:

The acoustic report submitted concluded that there will be no additional

negative impact on the surrounding residential properties as a result of the

earlier start time. The restriction of outdoor playtime before 8am is

considered a balanced outcome to limit noise concerns of surrounding

residents while accommodating more outdoor playtimes for children. The

scale and intensity of the use will not alter under this proposed

amendment. As such, the child care facility will continue to be compatible

with adjoining residential use.

The amendments have been assessed against the relevant zoning

provisions and it is considered that the proposed amendments are

consistent with the purpose of the zoning controls contained within the

Brimbank Planning Scheme.

There are no Particular Provisions that relate to the proposed amendments

to this permit.

Clause 65.01 requires that before deciding on an application or approval of

a plan, the Responsible Authority must consider, as appropriate:

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Attachment 12.6.4































The relevant matters set out in s60 of the Act are:

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Attachment 12.6.4

The application has been assessed against the Decision Guidelines, in

particular Clause 65.01 (Approval of an Application or Plan) of the

Planning Scheme and section 60(1) and (1B) of the Act, and it is

considered that the proposed amendments to the planning permit meet

the relevant decision guidelines contained within this section of the

Brimbank Planning Scheme.

One objection was received which stated that they objected to the removal

of the restriction on outdoor playtime before 9am. The objector advised

that they accepted that outdoor playtime could commence at 8am however

any time before this was seem to impact on their family needs, particularly

given that their bedroom windows were very close to the outdoor play

area.

Discussions were held with the applicant who agreed to the outdoor

playtime restrictions being altered from 9am to 8am, instead of removing

the restrictions altogether. This is considered a good balance to limit noise

concerns to surrounding residents while support the needs of children for

additional outdoor playtime.

If approved, the following permit conditions should be altered:

Condition 1 - Delete all of the previous Condition 1 requirements (1(a) to

(j)) and add a requirement to amend the Noise Management Plan to state

that there will be no outdoor playtime before 8am.

Condition 12 - Amend the condition to state:

Condition 15(b) - Amend the condition to state:

These changes have been reflected in blue text in Attachment 5 to this

report so that it is clear what is proposed to be amended.

The above assessment of the application against the provisions of the

Brimbank Planning Scheme, and taking into account the concerns raised in

the objection, shows that there is support for a modified version of the

proposal. The modification is restricting outdoor play areas before 8am

instead of removing the restriction altogether.

On this basis it is recommended that a Notice of Decision to Grant an

Amended Planning Permit be issued under delegated authority of Council

for the amendments described above under the Officer Comments section

of this report and as reflected in

to this report..

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Attachment 12.6.4

(1) Before the amended hours of use of the outdoor play areas commence as approved by

Condition 15(b) of this permit, an amended Noise Management Plan to the satisfaction of the

Responsible Authority must be submitted to and approved by the Responsible Authority.

When approved, the amended Noise Management Plan will be endorsed and will then form

part of the permit. The hours of use of the outdoor play areas must not be altered until such

time as the amended Noise Management Plan is endorsed.

(2) The use and development as shown on the endorsed plans must not be altered without the

written consent of the Responsible Authority.

(3) Before the development starts, a landscape plan to the satisfaction of the Responsible

Authority must be submitted to and approved by the Responsible Authority. When approved,

the plan will be endorsed and will then form part of the permit. The plan must be drawn to

scale with dimensions and three copies must be provided. The plan must be in accordance

with the landscape plan received on 5 July 2017 but modified to show the correct location of

the proposed landscaping, buildings, carpark (etc.) with regard to the title boundaries.

(4) Prior to the Occupancy Permit being issued for the buildings hereby permitted, landscaping

works as shown on the endorsed plans must be completed to the satisfaction of the

Responsible Authority.

(5) The landscaping shown on the endorsed plans must be maintained to the satisfaction of the

Responsible Authority, including that any dead, diseased or damaged plants are to be

replaced.

(6) The following payments are required prior to the collection/release of endorsed plans:

a) A cash bond for $2,000, plus a non-refundable 5% service charge of $100 (Total of

$2,100), shall be lodged with the Responsible Authority prior to the collection of

endorsed plans to ensure the completion and establishment of landscaped areas. This

cash bond will only be refunded after a 13 week establishment period beginning when

the Responsible Authority is satisfied with the completed landscaping works, provided

that the landscape is being maintained to the satisfaction of the Responsible Authority.

b) The owner must pay to the Responsible Authority a fee of $940 (including GST) for

planting of 2 x replacement street trees within the naturestrip.

(7) The removal of the 2 x existing street trees identified on the plans for removal must be

undertaken by a Council approved contractor.

(8) The naturestrip must not be used for the storage and delivery of any building materials or the

parking of vehicles during or after the construction.

(9) A Development Contribution in accordance with the approved Development Contributions Plan

must be paid to Brimbank City Council.

Payment of the Development Infrastructure Levy (DIL) must:

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Attachment 12.6.5

(a) Be paid prior to the commencement of any development or works on the land or prior to

Statement of Compliance (SOC) for the subdivision of the land associated with the

development permit, whichever comes first; OR

(b) When a staged subdivision is sought, be paid prior to the issue of a Statement of

Compliance based on the net increase within each stage.

(10) The new boundary fence between the subject site and the property at 23 Sunhill Crescent

must be constructed to a minimum height of 1.9 metres from natural ground level and the

owner of the subject land must pay all costs associated with the construction of the fence

(including materials), to the satisfaction of the Responsible Authority.

(11) The use and development must be managed so that the amenity of the area is not

detrimentally affected, through the:

a) Transport of materials, goods or commodities to or from the land

b) Appearance of any building, works or materials

c) Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot,

ash, dust, waste water, waste products, grit or oil

d) Presence of vermin.

(12) The use of the child care centre may operate only between the hours of 6.30am to 6.30pm

Monday to Friday, without the written consent of the Responsible Authority. During this time,

not more than 96 children may be present on the premises at any one time without the written

consent of the Responsible Authority.

(13) Before the development starts, an acoustic report from a suitably qualified acoustic engineer

(or similar) must be submitted to and approved by the Responsible Authority. The report must

assess and detail the suitability of the acoustic screening to the first floor outdoor play area

in mitigating noise to the surrounding residential properties, and provide any

recommendations as appropriate, to the satisfaction of the Responsible Authority.

(14) No plant, equipment, services or architectural features other than those shown on the

endorsed plans are permitted above the roof level of the building without the written

consent of the Responsible Authority.

(15) Before the use starts, a Noise Management Plan to the satisfaction of the Responsible

Authority must be submitted to and approved by the Authority. When approved, the Plan will

be endorsed and will then form part of the permit. All activities forming part of the use must

comply with the endorsed Plan. The Plan must include:

a) Measures to reasonably manage noise from the premises.

b) Staggering of playtimes for different age groups to outdoor areas, including no

outdoor playtimes before 8am.

c) Staff supervision of play areas so as to reasonably limit noise.

d) Limitation of internal amplification equipment and the like so as not to adversely

impact adjoining residential areas.

e) No external sound amplification equipment or loudspeakers are to be used for the

purpose of announcement, broadcast, playing of music or similar purpose.

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Attachment 12.6.5

(16) The owner/operator of the site must provide a regular private waste collection including a

regular collection of recyclable materials for the land to the satisfaction of the Responsible

Authority. Collection of waste must be conducted so as not to cause any disturbance to

nearby residential properties and may only occur between the hours of 7.00am and 8.00pm

Monday to Saturday and 9.00am to 8.00pm Sundays and Public Holidays, to the satisfaction

of the Responsible Authority.

(17) During the construction phase of the development, the following conditions shall be met:

(a) Only clean rainwater shall be discharged to the stormwater drainage system;

(b) Stormwater drainage system protection measures shall be installed as required to

ensure that no solid waste, sediment, sand, soil, clay or stones from the premises, enters

the stormwater drainage system;

(c) Vehicle borne materials shall not accumulate on the roads abutting the site;

(d) All machinery and equipment must be cleaned (if required) on site and not on adjacent

footpaths or roads;

(e) All litter (including items such as cement bags, food packaging and plastic stripping)

must be disposed of responsibly;

(f) All site operations shall comply with the

.

(18) Before the use or occupation of the development starts, the area(s) set aside for the parking

of vehicles and access lanes as shown on the endorsed plans must be:

a) Constructed in concrete;

b) Properly formed to such levels that they can be used in accordance with the plans;

c) Drained;

d) Line marked to indicate each car space and all access lanes and

e) Clearly marked to show the direction of traffic along access lanes and driveways

to the satisfaction of the Responsible Authority. Car spaces, access lanes and driveways must

be maintained and kept available for these purposes at all times.

(19) Protective kerbs (

) must be provided to the satisfaction of

the Responsible Authority to prevent damage to fences or landscaped areas and to control

drainage flows.

(20) The vehicular crossing must be constructed to the road to suit the proposed driveway to the

satisfaction of the Responsible Authority prior to any works being undertaken on the site. A

Vehicle Crossing Permit must be obtained from Council’s Engineering Department prior to any

works commencing on the site.

(21) All disused or redundant vehicle crossings must be removed and replaced with kerb and

channel, naturestrip and footpath to the satisfaction of the Responsible Authority. A permit

must be obtained from Council’s Engineering Department prior to the commencement of

these works.

(22) Concrete kerbs or other barriers must be provided to the satisfaction of the Responsible

Authority to prevent direct vehicle access to Ballarat Road other than via the vehicle crossing

as shown on the endorsed plans.

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Attachment 12.6.5

(23) Access to the site and ancillary road works must be constructed in accordance with the

requirements of the Responsible Authority.

(24) An on-site stormwater drainage retention system must be installed on the subject land to the

satisfaction of the Responsible Authority.

(25) The entire development site must be connected to the existing underground drainage and

sewerage systems to the satisfaction of the Responsible Authority.

(26) The crossover must be located and constructed to the satisfaction of the Responsible Authority

in accordance with plans approved by the Responsible Authority. The plans submitted must

show all services within the road reservation including power poles, drainage pits, Telstra pits,

trees, road humps, bus stops and any other road infrastructure or asset that may hinder or

impact on the operation of the crossover.

(27) Prior to the commencement of any use and/or development, buildings and works or

certification under the

, an environmental site assessment report

(Assessment), prepared by a suitably qualified environmental professional to the satisfaction

of the Responsible Authority, must be submitted to the Responsible Authority. The

Assessment must specify:

a) The nature of the previous land use or activities on the subject site;

b) How long the land use or activity took place on the subject site;

c) Any contamination or pollution on, under or from the subject site and its extent;

d) How any contamination or pollution is being managed or may be managed to prevent

any detrimental effect on the use and development of the subject site or adjoining land

or on buildings and works;

e) Whether the use of the land for a child care centre is suitable given the contamination

or pollution on the site; and

e) Advice on the need for there to be a full statutory environmental audit in accordance

with Part IXD of the

to obtain a certificate or statement

of environmental audit in accordance with Section 53Y or 53Z of that Act on all or part

of the subject site.

(28) Should the Responsible Authority require it following receipt of the Assessment, the

Responsible Authority may at the cost of the owner/permit holder obtain a peer review of

the environmental site assessment required by Condition 27 (Peer Review). The Peer Review

shall include but not be limited to review of the methodology, results and conclusions of the

Assessment and a copy of this review must be provided to the owner/permit holder.

(29) Following receipt of the Assessment and any Peer Review, should the Responsible Authority

conclude that an Audit is required, prior to the commencement of any use or development,

buildings and works or certification under the

either:-

a) A Certificate of Environmental Audit must be issued for the land pursuant to Section

53Y of the

,

OR

b) A Statement of Environmental Audit must be issued for the land pursuant to Section

53Z of the

. The Statement must state that the land

is suitable for the use and development allowed by this permit.

Two (2) copies of the Environmental Audit Report and Certificate of Environmental Audit or

Statement of Environmental Audit must be submitted to the Responsible Authority.

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Attachment 12.6.5

(30) Building works to facilitate remediation of the site may commence prior to the completion of

an Assessment or a Certificate of Environmental Audit or Statement of Environmental Audit

provided that a Remediation Action Plan (RAP) and an Environmental Management Plan

(EMP) for the subject site is prepared to the satisfaction of the Responsible Authority.

(31) All the conditions of the Assessment, Peer Review or Statement of Environmental Audit and

any associated plan must be to the satisfaction of the Responsible Authority and must be

complied with to the satisfaction of the Responsible Authority.

(32) Prior to the commencement of the use, a letter must be submitted to the satisfaction of the

Responsible Authority, by a suitably qualified environmental professional to verify that the

conditions of the Statement of Environmental Audit issued for the land have been complied

with and any associated Environmental Management Plan and Remediation Action Plan,

satisfactorily implemented.

(33) Where a:

(a) Statement of Environmental Audit or any associated plan; or

(b) If no Audit is required the Assessment or Peer Review;

Details ongoing maintenance or monitoring conditions/requirements, prior to either

certification of a Plan of Subdivision or the commencement of the use the owner of the land

must enter into an Agreement with the Responsible Authority (and others, where necessary)

made pursuant to Section 173 of the

to the satisfaction

of the Responsible Authority to provide for the following:-

a) The owner and any subsequent owners must meet any ongoing maintenance or

monitoring conditions detailed in the Statement of Environmental Audit, any associated

Environmental Management Plan, any Remediation Action Plan or where no Audit is

required, the Assessment or Peer Review.

An application must be made to the Registrar of Titles to register the section 173 agreement

on the title to the land under section 181 of the Act.

The owner/operator under this permit must pay all costs associated to the preparation, and

execution and registration of the Section 173 agreement

(34) The crossover and driveway are to be constructed to the satisfaction of the Roads

Corporation and the Responsible Authority and at no cost to the Roads Corporation prior to

the commencement of works hereby approved.

(35) Driveways must be maintained in a fit and proper state so as not to compromise the ability

of vehicles to enter and exit the site in a safe manner or compromise operational efficiency

of the road or public safety (e.g. by spilling gravel onto the roadway).

(36) All disused or redundant vehicle crossings must be removed and the area reinstated to kerb

to the satisfaction of and at no cost to Roads Corporation prior to the commencement of the

use or the occupation of works hereby approved.

(37) This permit will expire if one of the following circumstances applies:

a) The development and use are not started within two years of the date of this permit.

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

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Attachment 12.6.5

The Responsible Authority may extend the periods referred to if a request is made in writing

before the permit expires, or:

a) Within six months afterwards for commencement, or

b) Within twelve months afterwards for completion.

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Attachment 12.6.5

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12.7

Final Draft Brimbank Housing And Neighbourhood Character Strategy - Adoption

12.7

Final Draft Brimbank Housing and Neighbourhood

Character Strategy - Adoption

Directorate

City Futures

Director

Kelvin Walsh

Manager

Leanne Deans

Attachment(s)

1. Draft Brimbank Housing and Neighbourhood Character

Strategy - Officer Consideration of Submissions Received

[

12.7.1

- 33 pages]

2. Final Draft Brimbank Housing and Neighbourhood

Character Strategy [

12.7.2

- 109 pages]

3. Final Draft Brimbank Housing and Neighbourhood

Character Strategy - Appendices [

12.7.3

- 43 pages]

4. Final Draft Brimbank Housing and Neighbourhood

Character Background Report [

12.7.4

- 141 pages]

5. Final Draft Brimbank Housing and Neighbourhood

Character Background Report - Appendices [

12.7.5

- 132

pages]

Purpose

For Council to consider the Final Draft Brimbank Housing and Neighbourhood Character

Strategy and Appendices (Final Draft Strategy), shown at

Attachments 2 and 3

and

Final Draft Brimbank Housing and Neighbourhood Character Background Report and

Appendices (Final Draft Background Report), shown at

Attachments 4 and 5

for

adoption.

Officer Recommendation

That Council:

a. Notes the Summary of Submissions Report in relation to the Draft

Brimbank Housing and Neighbourhood Character Strategy, shown at

Attachment 1.

b. Adopts the Final Draft Brimbank Housing and Neighbourhood Character

Strategy and Appendices shown at Attachments 2 and 3, and the Final

Draft Brimbank Housing and Neighbourhood Character Background

Report and Appendices, shown at Attachments 4 and 5.

c. Writes to submitters to the Draft Brimbank Housing and Neighbourhood

Character Strategy thanking them for their submission and advising of

Council’s decision.

Background

At the Council Meeting on 17 October 2023, Council endorsed the Draft Strategy for an

eight-week community consultation and resolved to receive a further report:



outlining all submissions made about the Draft Strategy



presenting the Final Draft Strategy and Final Draft Background Report for

consideration.

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The Final Draft Strategy is an integrated plan for housing and neighbourhood character

that sets out how Brimbank can meet housing need over the next 20 years through a

framework that provides a broad mix of housing in the most suitable locations. It is

informed by the Final Draft Background Report, which outlines Brimbank’s residential

context, analyses housing opportunities and constraints, and presents emerging

neighbourhood character precincts.

The Final Draft Strategy is structured around five themes and includes an

implementation plan with an associated action plan. The five themes are growth,

character, diversity, amenity and sustainability. The Final Draft Strategy has been

prepared to:



support growth and enhance liveability



respect and celebrate neighbourhood character and facilitate high quality new

development that contributes positively to the public realm



enhance housing diversity to meet changing community needs and respond to

an urgent need for more affordable housing



manage potential amenity conflicts between residential and other incompatible

land uses



improve the sustainability and climate resilience of new housing development.

Matters for Consideration

Options

The following options are available to Council and the officer recommendation is Option

A.

Adopt the Final Draft Strategy shown at

Attachments 2 and 3

and Final Draft

Background Report shown at

Attachments 4 and 5

, including changes informed by

community feedback, as recommended in the Summary of Submissions Report shown at

Attachment 1

.

Adopt the Final Draft Strategy and Final Draft Background Report with different changes

to those recommended in the Summary of Submissions Report shown at

Attachment 1

.

Defer a decision about the Final Draft Strategy and Final Draft Background Report,

pending further work.

Analysis

Council received 33 submissions from a wide range of stakeholders that comprise

residents, resident groups, a major landholder, a non-profit organisation, local

developers, Melbourne Airport, Development Victoria and WorkSafe Victoria.

The key issues that emerged from the submissions outlined in

Attachment 1

are:

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Key Issue

Per Cent of Submissions

Support protecting heritage and character

30

Support higher density developments

30

Want more action on tree coverage / protection,

sustainability, climate change

21

Want more action on housing affordability and diversity

15

The feedback has informed suggested changes to the Draft Strategy, which are

incorporated into the Final Draft Strategy at

Attachments 2 and 3

. These changes can

be summarised as follows:



Acknowledging the heritage significance of the H. V. McKay Estate in Albion.



Making changes to the description of the H.V. McKay Estate Street layout to

emphasise that the streets radiate out from the eastern half of Selwyn Park.



Updating aircraft noise related content including labelling and mapping.



Adding commentary to clarify that Council would continue to use the existing

Melbourne Airport Environs Overlay (MAEO), which is based on the 2018

Australian Noise Exposure Forecast (ANEF) contour, as a constraint because it is

the MAEO that triggers the need for a planning permit to develop a dwelling and

the overlay contains restrictions on subdivision.



Removing the River Valley Estate from the housing change and character maps

to avoid inconsistent strategic direction on the basis that the site already has an

approved development plan that provides for a higher density of residential

development.



Adding a note to indicate that the balance of Development Victoria’s land in

Cairnlea (26S Glenbrook Avenue and 147 Cairnlea Drive, Cairnlea), which is

located outside the inner and outer safety areas (Major Hazard Facility buffer)

for the Hexion Major Hazard Facility, has the potential to be in an increased

change area.



Updating the Residential Development Framework to ensure all areas in a Major

Hazard Facility buffer are designated for minimal change.



Including more detailed information from Worksafe about Major Hazard Facilities

and the associated risks and potential effects.



Provide a simple overview about the intent of the Final Draft Strategy through

inclusion of a two-page summary, including the proposed residential zoning map

and information about the new residential zone schedules.

Council officers have also included the following changes in the Final Draft Strategy to

align with the

which was released after the

Draft Strategy was prepared, including:



Adding a note to indicate that the Final Draft Strategy supports the ‘Future

Homes’ initiative on the basis that the areas designated for increased or

significant change are informed by a similar methodology.



Changing references to granny flats and dependent person units, given they are

now redundant terms and are now referred to as small second dwellings.

In consultation with the Department of Transport and Planning, the Residential

Development Framework has been further refined to ensure no two housing change

categories have the same proposed residential zone schedules. This update means

additional residential zone schedules that apply to minimal change areas are needed.

Also, officers propose to retain existing private open space requirements in all schedules

that apply to minimal change areas, including interface areas, to differentiate these

schedules from other change areas.

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Council officers have included the following editorial changes in the Final Draft Strategy:



Updating and contextualising photos with short captions.



Minor edits to maps and other content.

Consequential updates have also been incorporated into the Final Draft Background

Report to align with the Final Draft Strategy including:



Adding commentary about the Housing Australia Future Fund initiative.



Adding a note about WorkSafe Victoria’s request to refer to its Land Use

Planning guidance on their website.



Updating the planning/building approval requirements for a single dwelling on a

lot between 300 and 500 square metres, following the change introduced by the

that has been implemented into the

Victoria Planning Provisions via relevant residential zones.

Implementation

If Council decides to adopt the Final Draft Strategy and Final Draft Background Report, a

planning scheme amendment will be required to implement relevant strategic policy

objectives into the Brimbank Planning Scheme.

Subject to a decision to adopt, Council officers will prepare planning scheme amendment

documentation, which will be presented to a future Council Meeting for a decision about

whether to request the Minister for Planning to prepare and exhibit the planning scheme

amendment. The amendment documentation is proposed to be drafted using the new

format planning scheme. This would include:



Updates to and new residential zone schedules (with tailored objectives and built

form requirements) and associated updates to zoning maps.



Updated local policy content to include new housing policy provisions.



Updates to the list of background documents to include the Final Draft Strategy,

Final Draft Background Report and other associated documents.



Explanatory Report and other documentation required by the Department of

Transport and Planning.



Confirmation of consultation with relevant authorities including Department of

Transport and Planning officers and referral authorities required under

Ministerial Directions.

Community Engagement

Council conducted community consultation about the Draft Strategy from 18 October to

13 December 2023, seeking feedback about what respondents liked and if there was

anything that could be improved.

Consultation activities included:



Six drop-in sessions across Brimbank in Council’s libraries where the community

could view the Draft Strategy and associated documents and discuss or seek

further information with attending Council officers.



Two webinars were proposed during the consultation period; however, they

were not required due to only one registration, which involved a meeting with

officers instead.



A local developer forum on 29 November 2023, with invitations sent to 55

stakeholders of which six attended. The purpose of the forum was to hear what

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local developers thought about the proposed location of new residential zones,

and new preferred design and neighbourhood character objectives.



The Draft Strategy and associated documents (including translated information

in Vietnamese, Greek Tagalog and Punjabi) were available on Council’s Your Say

website, which attracted 717 visitors and 1,513 views. Community engagement

also occurred via social media, with over 1,300 views on Facebook.



Submitters to the Draft Strategy were invited to present their submission to a

Planning Forum on 12 March 2024. Six submitters accepted the invitation to

speak at the Forum of which five attended.

Consultation on the Draft Strategy was led by Council’s Strategic Planning Unit, with

support from City Planning officers. Support was also provided by the Project Working

Group and Project Control Group comprising membership from Council departments and

units including City Strategy, City Planning, Urban Design, Engineering and

Infrastructure Services, Social Policy and Research, and Leisure and Facilities.

In addition to broad community engagement, consultation has also involved the

Brimbank Community Voice, the Social Justice Coalition, the development sector, the

Department of Transport and Planning, Melbourne Airport, Development Victoria and

WorkSafe Victoria.

Resource And Risk Implications

Resource requirements for the preparation of the Final Draft Strategy and Final Draft

Background Report have been met within the Annual Budget 2023/2024.

Community:

potential impact on community, including public trust and customer

service impact

• Yes – subject to a Council decision, the Final Draft Strategy will have implications for

how residential land can be developed in the future. This will be of interest to the

community, may be politically sensitive and therefore likely to have customer service

impacts during any future planning scheme amendment period.

Environmental:

impacts on environmental sustainability, including water/waste

management, climate change, and contaminated land

• Yes – the Final Draft Strategy seeks to enhance sustainability through improved

planning and residential development guidance.

Financial:

significant financial impacts

• Yes – subject to a Council Decision, a planning scheme amendment will be required to

implement key strategic policy objectives into the Brimbank Planning Scheme during

which Council will need to notify by post every owner and occupier of a residential

property in Brimbank to which the amendment will apply.

Regulatory:

legal, legislative or regulatory implications including the rights/obligations

of stakeholders

• Yes – subject to a Council decision, a planning scheme amendment will be required to

implement key strategic policy objectives into the Brimbank Planning Scheme. Council

would be bound by the procedural obligations associated with planning scheme

amendments as established by the

. This includes a

requirement for authorisation and approval by the Minister for Planning.

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Safety

: health, safety or duty of care impacts

• Yes – the Final Draft Strategy seeks to minimise amenity impacts by limiting residential

development in areas that are designated for minimal change due to the presence of one

or more constraints such as aircraft noise, proximity to a major hazard facility or a

significant landfill site.

Legislation/Council Plan/Policy Context

This report supports the Council Plan 2021-2025 strategic direction and objective of:

2. Places and Spaces - Liveable and connected neighbourhoods that support

healthy and sustainable futures - A green place for all

• Liveable and Connected - Inviting and liveable spaces and facilities, connected so

people can get around

3. Opportunity and Prosperity - A future focused, transforming city where all

have opportunities to learn and earn - A prosperous place for all

• Growing and Transforming - Optimise community opportunities through infrastructure

innovation and investment

4. Leadership and Governance - A high performing organisation that enacts the

vision and decisions of Council through the delivery of quality and innovative

services - A fairer place for all

• Engaged and Responsive - Community insights are valued to enhance connection and

engagement with Council

• High Performing and Accountable - Our workforce strive to enhance services and

liveability for the Brimbank community.

This report complies with the Brimbank Planning Scheme, the

, Planning Practice Note 90: Planning for Housing (PPN90), and Planning

Practice Note 91: Using the Residential Zones (PPN91).

Council officers contributing to the preparation and approval of this report, have no

conflicts of interests to declare.

1

Draft Brimbank Housing and Neighbourhood Character Strategy (Draft Strategy)

Officer consideration of submissions received

Submitter Key issues

Officer response

Proposed recommendation

1

Supports emphasis on increased density and

development to support population growth.

Requests that increased densities be supported in

a

way that creates a new neighbourhood

character and seeks further explanation in the

Draft

Strategy, including how it works with local

character and heritage.

Suggests greater reference to ideas developed by

the ‘Yes in my back yard (YIMBY) group’

particularly on the ‘missing middle’ for a model

for new neighbourhood character.

Support is noted.

In a number of locations the Draft Strategy does

articulate that development does not need to respect

neighbourhood character in areas identified for

increased

density. In the section titled

in particular it is clear that a new character

will be achieved in ‘Substantial Change’ areas with the

aim to create well designed, denser areas. This section

then goes on to say that in ‘Increased Change’ and

‘Incremental Change’ areas will contribute to an

evolving preferred character that ‘respects existing

character’, with existing character preferred for

‘Minimal Change’ areas (affected by the Heritage

Ove

rlay). Preferred character areas descriptions and

proposed zoning also highlight the relationship

betwe

en existing and future character. Any future

planning scheme amendment will contain draft zone

schedules and policy guidance to further articulate the

relationship between growth, character and heritage.

The Draft Strategy supports increased density and

development in substantial and increased change areas,

whi

ch are in proximity to larger activity centres and a

train station, and without any major constraints. The

Residential Growth Zone and

General Residential Zone

are the preferred zonings for these areas.

No change to the Draft

Strategy.

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Attachment 12.7.1

2

Submitter Key issues

Officer response

Proposed recommendation

If the Draft Strategy is implemented as part of a future

planning scheme amendment, this combined with the

existing allowance of

residential development

contained within activity centres and other non

residential zones that allow residential uses (such as the

Activity Centre Zone and Mixed Use Zone) is expected

to reverse the historical trend of underdevelopment in

these areas.

2

Wants areas within the pedestrian shed (800m)

included

in the Draft Strategy’s increased change

areas given they are already next to villas,

townhouses and apartments, and a short walk to

the station.

Areas within an 800-metre pedestrian walking

catchment of a Metropolitan

and Major Activity Centres

or train station are included as a substantial or

increased

change areas, unless they are affected by a

constraint or contain recently developed housing that

are unlikely to undergo redevelopment.

No change to the Draft

Strategy.

3

Supports substantial change, low-rise apartment

buildings and other diverse housing types (up to

four storeys) with infrastructure and other

services

and amenities.

The Draft Strategy supports the mentioned

development types in substantial change areas where

in

frastructure and other services and amenities are

already present and there are no known constraints.

No change to the Draft

Strategy.

4

Wants to keep the character of the original

traditional neighbourhoods.

Older parts of Brimbank that have more traditional

housing are identified in the Draft Strategy as having a

‘Suburban Traditional’ preferred character.

Developments in these areas would need to

appropriately respond to this preferred character.

No change to the Draft

Strategy.

5

Does not want to see multiple dwellings built on

a

lot due to night time light intrusions, privacy

and noise.

Two or more dwellings on a lot is a permissible use and

development in a residential zone

under the Victoria

Planning Provisions.

Applications to construct multiple dwellings on a lot are

assessed on their merits against relevant State and local

planning policies, requirements and guidelines in the

No change to the Draft

Strategy.

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Attachment 12.7.1

3

Submitter Key issues

Officer response

Proposed recommendation

Brimbank Planning Scheme. Consideration about

privacy and amenity impacts are made as part of this

assessment in line with planning guidance.

The Draft Strategy only seeks to propose a restriction

on subdivision size for properties in a Major Hazard

Facility Safety Area but this is

in response to a defined

potential risk which has also been recognised as a key

constraint in the Draft Strategy.

6

Supports subdivision and development of large

properties to provide multi-purpose homes.

Dislikes multi-storey apartment buildings, which

are considered unattractive.

The Draft Strategy supports subdivision and

development of large properties to provide a range of

housing in substantial change, increased change and

in

cremental change areas where the land is

not subject

to a constraint.

Applications to construct a multi-storey apartment

building are assessed on their merits

against relevant

State

and local planning policies, requirements and

guidelines in the Brimbank Planning Scheme. The

aesthetics

of a building is not a planning matter.

No change to the Draft

Strategy.

7

Does not support development that is three or

more storeys on the basis that the municipality

has ‘plenty of land’, and these types of buildings

are tall and, as a consequence, can block solar

pan

els on adjoining houses.

Overshadowing is an amenity impact that is considered

under both the planning and building regulations.

A planning application to construct a building of three

or more storeys is assessed on its merits against

relevant State and local planning policies, requirements

and guidelines in the Brimbank Planning Scheme, which

includes the overshadowing objective and standards

un

der ResCode.

While the Draft Strategy supports three or more

storeys, housing of these heights would be located in

substantial change and increased change areas, which

No change to the Draft

Strategy.

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Attachment 12.7.1

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Submitter Key issues

Officer response

Proposed recommendation

are in proximity to a large activity centre and a train

station. These areas will either be in the General

Residential Zone (up to 3 storeys) or Residential Growth

Zone (up to 4 storeys). Housing in the remaining areas

would be of 2 storeys or less in

the Neighbourhood

Residential Zone. The proposal to do this is in line with

State led planning requirements and guidelines.

Under the Draft Strategy, and subject to a planning

scheme amendment, the amount of land affected by

the Neighbourhood Residential Zone would increase

from

what currently exists. This means that the Draft

Strategy aims to reduce the amount of land where

buildings of three or more

storeys can be developed.

8

Is concerned that that the Draft Strategy does not

take into account climate change, and exposes

residents to greater future costs and health risks.

Requests that all housing plans be updated to

increase open space around and between

housing.

Housing policy needs to ensure there are less

hard paved surfaces and increased shade and

trees, asserting that planting trees elsewhere is

not sufficient.

Climate change is an important matter in the Draft

Strategy and is considered under the Sustainability

section, which includes a discussion about passive

design of buildings. Further work

is also proposed as

part

of the Draft Strategy actions to:

-

Update the Brimbank Planning Scheme to include

strengthened guidance regarding landscaping and

open space.

-

Explore ways to influence sustainable design

outcomes, such as a design

review panel or similar.

In addition, the Brimbank

Planning Scheme has a local

policy on environmentally sustainable development

under Clause 22.02 that provides a framework for early

consideration of environmental sustainability at the

building design stage to achieve multiple forms of

efficiency and benefit.

No change to the Draft

Strategy.

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Attachment 12.7.1

5

Submitter Key issues

Officer response

Proposed recommendation

The Brimbank Planning Scheme also contains existing

policy and requirements to both retain and plant

canopy trees and provide additional private open space

in most residential zone schedules.

9

Requests that the Draft Strategy includes:

- Content from the

about the heritage

significance of the H. V. McKay legacy in

relation to the planning and development of

Albion.

- An acknowledgement of Albion’s ‘nationally

and internationally significant’ H. V. McKay

estate

layout.

- References to the layout and structure of the

Albion settlement pattern, i.e. the layout has a

radial

road pattern instead of grid.

- An action under the ‘overlays’ section to

investigate whether a Heritage Overlay would

be

an appropriate planning control over the H.

V. McKay estate

areas of Albion that are

currently not covered by the Heritage Overlay

in

cluding the cluster of

Beaufort homes which

Council has proposed for heritage protection.

The Draft Strategy is about planning for housing while

respecting neighbourhood character. While the Draft

Strateg

y considers existing heritage, i.e. areas where

the Heritage

Overlay applies, the purpose of the

consideration

is to ensure these areas are designated

for minimal change, in line with State planning

gui

dance.

It is more appropriate to properly recognise and reflect

on the heritage significance of an area as established by

a heritage study in a heritage strategy rather than a

housing strategy. The

heritage study commissioned by

Council does suggest investigations into the application

of the Heritage Overlay for Sunshine West.

Amending the Draft Strategy to acknowledge, recognise

and action Albion

as a nationally and internationally

significant H. V. McKay estate

layout plays no role in

guiding future residential density for the area, nor

guides how future housing should be developed to

ensure valued neighbourhood character is respected.

However, reference to H. V. McKay can be included to

re

flect the origin of the below mentioned street

pattern.

While the street pattern is not completely gridded, it is

also not completely radial. It is considered that a

change to the description is warranted to reflect that

Include commentary

about the heritage

significance of the McKay

Estate.

Amend the description of

Albion’s street pattern to

say that the streets

radiate out from the

eastern half of Selwyn

Park.

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Attachment 12.7.1

6

Submitter Key issues

Officer response

Proposed recommendation

the streets radiate out from the eastern half of Selwyn

Park.

Council has previously assessed the heritage

significance of the H. V. McKay estate

areas that are not

currently covered by the Heritage Overlay.

The

outcome of the assessment is that the heritage of these

areas is not significant enough to warrant the

application of the Heritage Overlay.

10

Requests that the Solomon Heights estate in

Sunshine North is developed for housing.

The Draft Strategy relates to residentially zoned land

only.

A range of issues impact the Solomon Heights Precinct

including:

- critically endangered flora and fauna species

- planning overlays and buffers that restrict land use

and development

- limited servicing and public road access.

Council resolved at the Council Meeting on 10

December 2019 that, among other things, Council:

- does not have a role in leading any development

proposal for the Precinct

- is not currently seeking to change the Industrial 3

Zone that applies to the Precinct

- will continue to advocate to Federal and State

Gove

rnments, and other entities, about the

environmental values of the land and the need to

achieve an appropriate outcome.

Refer to Council’s website for more information.

No change to the Draft

Strategy.

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Attachment 12.7.1

7

Submitter Key issues

Officer response

Proposed recommendation

11

Identified that Figure 7 in Part 1 is incorrect

because the Heritage

Overlay boundary for HO23

excludes 114 and 116 Derby Road in Sunshine

despite both properties being listed on the

Victorian Heritage Database website.

The properties at 114 and 116 Derby Road, Sunshine

were removed from HO23 under

amendment C125

(Part 2). The removal was made after Council

completed a further heritage assessment in December

2009 to address the Panel’s recommendations to

amendment C84.

Information on the Victorian Heritage Database website

has been updated to reflect this change.

Information on the

Victorian Heritage

Database website has

been updated via

HERMES.

12

Considers the Draft Strategy:

- Has an excellent level of detail.

- Provides a summative explanation of the

different zones in table format, which is

useful, but there is no simple way to look up

this information.

Officers acknowledge the length and complexity of the

Draft Strategy, as it essentially combines three strategic

planning documents. Officers propose to provide a

su

mmary of the zones and other key information to

assist understanding of the zones and intent in the

Draft Strategy.

Add the summative

explanation of the

different zones in table

format in the Draft

Strategy.

13

The Draft Strategy needs to include high rise to

make

development affordable.

The Draft Strategy supports higher density (up to 4

storeys) developments in substantial change and

increased change areas, which are in proximity to a

major or large

activity centre and a train station. In

addition, the existing Activity Centre Zone, which

applies to land in the Sunshine Metropolitan Activity

Centre, currently supports high density developments

of up to 9 storeys.

Nonetheless, the Draft Strategy recognises the

historical trend of underdevelopment in areas zoned

Residential Growth Zone and General Residential Zone

where

such higher density developments are

supported.

No change to the Draft

Strategy.

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Attachment 12.7.1

8

Submitter Key issues

Officer response

Proposed recommendation

The Draft Strategy seeks to address the

underdevelopment trend in these areas through

planning controls in the form of zone schedules and

clearer policy direction in order to set clearer direction

on development expectations for certain areas. This is

expected to incentivise land assembly, and change the

permit assessment process so that development

capacity of parcels is

a consideration.

Actions contained in the Draft Strategy also seek to

improve the delivery of affordable housing by providing

more direction on where it should be located and

identifying better ways to negotiate for delivery.

14

Considers the following are barriers to the

delivery of more housing in Brimbank:

- Too much NIMBYISM (not in my backyard).

- Having multiple staff handle a planning

application which results in the applicant

having to start from scratch to understand

what stage the application is at.

- Planning application time frames are too long.

- Inefficient processes where there can be

multiple information requests.

- Councillors’ lack of education on planning law

/ neighbourhood character – where

neighbourhood character is incorrectly used

to refuse planning applications.

The Draft Strategy supports increased density and

development in substantial and increased change areas,

whi

ch

are in proximity to a major or large activity centre

and a train station without any major constraints.

The Draft Strategy articulates that development does

not need to respect neighbourhood character in

substantial change areas, where increased density is

identified. In these areas, Urban Renewal

is the

preferred character and the Residential Growth Zone is

the recommended zone.

State Government has recently introduced new rules, in

relation to the Housing Statement, that would enable

the Victorian Civil and Administrative Tribunal to

dismiss vexatious objections to planning applications

without needing a hearing.

Documents required to support a planning permit

application are detailed in the planning section of

No change to the Draft

Strategy.

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Attachment 12.7.1

9

Submitter Key issues

Officer response

Proposed recommendation

Council’s website. Delays in the application process are

often due to incorrect or inadequate documentation.

There are instances where Council may

require further

information after the lodgement of the application

because the requirement may be apparent only after

development plans are lodged and reviewed.

15

Sees merit in the 20-minute neighbourhood

principles but suggests that the Draft Strategy

needs

to explain how to accomplish it.

Concerned that there is no mention of retaining

and encouraging existing shopfront houses that

have been abandoned and wants this be

addressed so they can be retained and

not be

replaced with dwellings.

Concerned that the Draft Strategy is proposing to

minimise the number

of Heritage Overlays and

only encourages modern design resulting in a

‘ghetto feel’ where every house looks identical

and

there is no defined neighbourhood

character.

Suggests that multi-dwellings could be built with

a mock-heritage look that reflect the early 1900s

to break up the uniform look of neighbourhoods.

Agrees it is necessary to encourage high density

buildings around train stations, but they must be

accompanied with car parking to avoid parking

congestion in surrounding streets.

Believes sustainability and passive houses should

be further emphasised and that Council should

The 20-minute neighbourhood is one where residents

can access most of their daily needs (via shops, services,

parks,

healthcare facilities, etc.) within a 20-minute

return walk from home.

The Draft Strategy has mapped

out an 800-metre walkable catchment around

Brimbank’s activity centres and the areas designated for

significant change or increased change which present

the

best

opportunities towards creating a 20-minute

neighbourhood given their proximity to a major or large

activity centre and a train station without any major

constraints.

The focus of the Draft Strategy is on the Residential

Growth Zone, General Residential Zone and

Neighbourhood Residential Zone only. Discussion about

shopfront houses and measures to retain and

encou

rage them are contained in other strategic

planning documents, such as the Brimbank Activity

Centres Strategy.

The Draft Strategy is about planning for housing while

respecting neighbourhood character. While the Draft

Strateg

y considers existing heritage, i.e. areas where

the Heritage Overlay applies, the purpose of the

consideration is to ensure these areas are designated

for minimal change, in line with planning rules. It is

No change to the Draft

Strategy.

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Attachment 12.7.1

10

Submitter Key issues

Officer response

Proposed recommendation

provide easier access to information to

encourage take up.

more appropriate to assess and where appropriate

properly recognise and reflect on the heritage

significance of an area in a heritage strategy rather than

a housing strategy. Nonetheless, the Draft Strategy

recommends that the heritage significance of Sunshine

West be investigated to determine whether a Heritage

Overlay would be an appropriate planning control.

Mock-heritage designs that reflect the early 1900s is a

matter of personal preference

and is not something

that is currently supported within Clause 22.01

contained within the

Brimbank Planning Scheme.

Sustainability and passive design related content that is

contained in the Draft Strategy and an exploration of

other planning direction in relation to sustainability has

been responded to above. See response to Submitter 8.

16

Considers that the Draft Strategy is too focused

on double and triple storey buildings rather than

single storey as these typologies are

not suitable

for all abilities.

Concerned about housing outcomes where there

are no gardens and “people are basically sitting

on top of each other.”

Concerned that the Draft Strategy is not

responding to the needs of

middle aged or

elderly people.

The Draft Strategy does recognise the changing and

ageing demographic of Brimbank’s population. This has

been considered in developing the Residential

Development Framework (RDF), which maps out how

housing of varying densities are to be directed across

the municipality’s residential areas.

The RDF encourages housing diversity across Brimbank

by

supporting substantial change (up to 4 storeys) and

increased

change (up to 3 storeys) in areas with good

access to a major or large

activity centre and a train

station, and limiting the majority of the municipality’s

residential areas to incremental or minimal change (up

to 2 storeys). The substantial change and increased

change areas will be in a Residential Growth Zone or

No change to the Draft

Strategy.

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Attachment 12.7.1

11

Submitter Key issues

Officer response

Proposed recommendation

General Residential Zone respectively while the

incremental or minimal change area will be in the

Neighbourhood Residential Zone. Focussing growth

in

areas that are well serviced, particularly in an

apartment typology, is expected to provide an ideal

dwelling outcome for all abilities.

It should be noted that a double-storey single dwelling

can already be developed as-of-right, i.e. without

needing a planning

permit, in all residential zones if it is

constructed on a lot that is larger than

300 sqm and not

affected by a constraint, e.g. an overlay. There is also no

ability to mandate or require single level

dwellings.

Actions contained in the Draft Strategy include further

work to investigate ways to deliver diverse, alternative

and specialised housing options. This work may assist

with supporting all abilities pending

available Council

budget.

17

Supports the Draft Strategy.

Acknowledges the need to address the lack of

tree canopy and improved building design, but

concerned about the lack of direction and that

more analysis is required.

Highlights that literature on the heat island effect

already exists, and believes development should

avoid dark coloured roofs and paved surfaces

through building requirements.

Believes planning controls should not allow

paved

spaces to count as open space.

Support is noted.

Sustainability and provision of canopy trees are both

important

themes in the Draft Strategy. See response to

Submitter 8.

There is no ability for the Draft Strategy to require

avoidance of dark coloured roofs, nor alter building

requirements. This is because State planning policy

does not allow this. Paved surfaces, however, can be

managed to an extent through ResCode, as part

of site

coverage and permeability controls. Nonetheless, this is

heavily influenced by what else is needed on a lot. The

Draft

Strategy, and any future zone schedules will seek

No change to the Draft

Strategy.

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Attachment 12.7.1

12

Submitter Key issues

Officer response

Proposed recommendation

to address this in order to achieve the best

development outcome possible.

Private open space is defined in the Victoria Planning

Provisions (VPP) under Clause 73.01 (General Terms).

The State Government does not permit a local

gove

rnment

to amend the meaning of a general term in

the VPP.

18

Concerned that Brimbank ‘will lose much of its

charm’ if four storey apartment complexes are

constructed.

Believes townhouses and two-storey buildings

are preferred over higher density development

however is concerned about road capacity to

accommodate this.

Would like to see infrastructure to support

increased

populations delivered first.

The Draft Strategy supports apartments of up to 4

storeys only in areas where the Residential Growth

Zo

ne is proposed to apply. These areas are

predominantly near a major or large

activity centre and

a

train station.

The Draft Strategy proposes to apply the Residential

Growth Zone to only about 4% of Brimbank’s residential

areas. The Neighbourhood Residential Zone (NRZ) (up

to

2 storeys) is proposed to apply to a significant

portion of the balance, which would result in more

residential areas in the NRZ than what currently exists

in the Brimbank Planning Scheme.

The Draft Strategy hopes to mitigate road congestion by

encouraging 20-minute neighbourhoods around

Brimbank so that more residents can access most of

their

daily needs (via shops, services, parks, healthcare

facilities, etc.) within a 20-minute return walk

from

home. The ability to deliver infrastructure relies heavily

on Federal and State Governments, which

are outside

the scope of the Draft Strategy. At a local level, Council

collects a development contribution to support

infrastructure delivery through a Development

Contributions Plan Overlay (DCPO) of which two

No change to the Draft

Strategy.

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Attachment 12.7.1

13

Submitter Key issues

Officer response

Proposed recommendation

currently exist in the Brimbank Planning Scheme.

Additional DCPOs may be proposed in the future to

cater

for population growth resulting from

intensification of uses.

19

Is concerned that the Draft Strategy will create

further layers of control that will result in

a

greater number of applications being refused.

Believes Council should adopt a more pragmatic

approach

if they are serious about improving

housing affordability.

Concerned that the Draft Strategy treats all land

within a precinct the same thereby removing the

ability for unique sites to be used more efficiently

or developed differently.

It is a State Government requirement for a local

government

to prepare a housing and neighbourhood

character strategy that:

- Meets the anticipated population projections

prepared by the State Government.

- Considers the State Government’s advice in

and

to ensure housing growth is directed

towards better suited areas and neighbourhood

character is respected where warranted.

The Draft Strategy seeks to update relevant policy and

zone provisions to provide clearer guidance for

decision-makers and permit applicants so that housing

is developed in a way that reflects the desired density

and character of the area.

Council seeks to encourage and support an increased

supply of affordable housing to meet the current and

future needs of Brimbank residents. The Draft Strategy

recognises that increasing the supply of affordable

housing is a complex challenge that requires a

coordinated approach, involving all levels of